Bell Gardens City Council
February 27, 2023

PRICING SUMMARY
Cisco Product Line
Discount off MSRP
(Government)
Discount off MSRP
(Education)
Hardware/Software
36%
36%
Learning Credits
0%
0%
Cisco Technical and Maintenance
Services (SKU based)
8%
8%
Cisco / Insight Advanced /
Technical Services (SOW based)
0`)/0
0%
SMARTnet
Incumbent
Non-
Incumbent
All
16%
8%
28%
Publisher
Cost Plus %
Microsoft

3.50%
Exhibit 3 451

Notice of Award - 4400006644

PRICING SUMMARY
Percent Discount from Insight Price List:

Product Cateao
Description
Discount %
Cabling
Cables

8.9%
Cables Custom

8.1%
Cloud
Cloud

1.0%
Imaging & Displays
Displays

1.5%
Display Accessories

3.4%
Pro'ectors

3.3%
Pro'ector Accessories

3.3%
Imaging Digital Cameras

2.9%
Imaging Camcorders

2.8%
Imaging Scanners

2.9%
Imaging Accessories

5.0%
Personal Computing
Modems

3.1%
Notebook Batteries

2.9%
System Components

3.6%
Keyboards & Mice

1.8%
Desktops

0.2%
Desktop Accessories

5.4%
Notebooks

1.2%
Notebook Accessories

3.8%
Handhelds

2.8%
Handheld Accessories

5.4%
Mobile Phones

0.0%
Mobile Phone Accessories

0.0%
Memory Desktop

4.3%
Memory Notebook

4.2%
Memory Flash

4.4%
Printing/Imaging
Memory Printer/Fax

3.5%
Printers Ink.et

1.7%
Printers Laser

1.5%
Printers Dot Matrix

1.8%
Multi -Function

1.9%
Fax Machine

1.9%
Printers Wide Format

1.1%
Printers Label

3.4%
Printer Consumables

3.9%
Cables Printer

6.9%
Printer Accessories

3.6%
Exhibit 3
452

Notice of Award - 4400006644

PRICING SUMMARY
Product Categoir
Description
Discount %
Printing/Imaging
POS Scanners

3.6%
POS Displays

3.8%
POS Accessories

4.1%
Power Related
Power UPS

1.3%
Power Surge Protectors

5.5%
Power Data Center

3.0%
Power Accessories

4.6%
Networking
Memory Networking

4.0%
Network Video

2.8%
Wireless LAN Accessories

3.1%
Wireless Accessories

3.4%
Repeaters & Transceivers

2.7%
10/100 Hubs & Switches

1.5%
Gigabit Hubs & Switches

2.4%
KVM

4.1%
Bridges & Routers

2.5%
Intrusion Detection

2.9%
Hardware Firewalls

2.7%
Telephony

2.0%
Network Adapters

2.9%
Networking Accessories

4.5%
Networking Warranties

2.8%
Networking Communication

2.9%
Network Testing Ec uipment

2.3%
Servers & Data Center
Memory Server

4.0%
Servers 1 Processor

3.0%
Servers 2 Processor

2.3%
Servers 4+ Processor

2.4%
Servers Tower

2.4%
Servers Blade

2.8%
Server Accessories

2.9%
Servers Unix

2.1%
Storage & Data
Management
Hard Disks Fibre Channel

2.7%
Hard Disks IDE/ATA/SAT

6.2%
Hard Disks Notebook

2.8%
Hard Disks SCSI

2.5%
Hard Disks External

2.7%
Disk Arrays

2.8%
Disk Arrays JBOD

2.8%
Drives Removable Disk

3.4%
Exhibit 3
453

Notice of Award - 4400006644

PRICING SUMMARY
Product Category
Storage & Data
Management (cont.)
Software
Description
Tape Drives DLT
Tape Drives DAT
Drives Magneto -Optic
Tape Drives SDLT
Tape Drives LTO/Ultra
Tape Drives Travan
Tape Drives 4mm
Tape Drives 8mm/VXA
Tape Drives AIT
Tape Autoloaders DLT
Tape Autoloaders DAT
Tape Autoloaders LTO
Tape Autoloaders AIT
Optical Drives CD-ROM
Optical Drives CD-RW
Optical Drives DVD/CD
Optical Drives DVD-R
Optical Drives DVD-R
Adapters Fibre Channel
Adapters FireWire/US
Adapters IDE/ATA/SAT
Adapters RAID
Adapters SCSI
Storage NAS
Storage SAN
Storage Accessories
Media 4mm Tape
Media AIT Tape
Media Optical
Media DAT Tape
Media DLT Tape
Media LTO/Ultrium Tape
Media Magneto -Optical
Media SLR Tape
Media Travan Tape
Discount %

2.9%

2.8%

2.7%

2.8%

2.9%

2.8%

2.8%

4.8%

2.5%

2.3%

2.8%

2.3%

2.8%

2.5%

2.7%

0.3%

3.1%

2.8%

2.5%

1.2%

3.2%

2.5%

0.3%

2.3%

2.7%

3.2%

4.8%

4.5%

4.7%

4.8%

4.2%

4.0%

4.2%

4.5%

4.5%
Media VXA Tape
Media Zip
Software Computer Security
Software Backup
Software Financial

4.0%

4.0%

2.8%

2.8%

2.8%
Exhibit 3 454

Notice of Award - 4400006644

PRICING SUMMARY
Product Categoey
Software (cont.)
Description
Software Spreadsheet
Software Business Application
Software Personal Organization
Software Cloning
Software Report Analysis
Software Handheld
Discount %

2.8%

2.8%

2.8%

2.8%

2.8%

2.8%
Software Flow Chart

2.8%
Software Word Processing
Software Barcode/OCR

2.8%

2.8%
Software CAD/CAM

2.8%
Software Database

2.8%
Software Web Development
Software Development
Software Collaboration

2.8%

2.8%

2.8%
Software Graphic Design
Software Virtualization

2.8%

2.8%
Software Network OS

2.8%
Software OS

2.8%
Software Reference

2.8%
Software Warranties

2.8%
Software Utilities
Licensing Computer Security

2.8%

2.0%
Licensing Backup
Licensing Financial
Licensing Spreadsheet

2.0%

2.0%

2.0%
Licensing Business Application
Licensing Personal Organization
Licensing Cloning
Licensing Report Analysis
Licensing Handheld

2.0%

2.0%

2.0%

2.0%

2.0%
Licensing Flow Chart
Licensing Word Processing

2.0%

2.0%
Licensing Barcode/OC
_Licensing CAD/CAM
Licensing Database
Licensing Web Development
Licensing Development

2.0%

2.0%

2.0%

2.0%

2.0%
Licensing Collaboration

2.0%
Licensing Graphic Design

2.0%
Licensing Virtualization

2.0%
Exhibit 3 455

Notice of Award - 4400006644

PRICING SUMMARY
Product Cateao
Description
Discount %
Software (cont.)
Licensing Network OS

2.0%
Licensing OS

2.0%
Licensing Reference

2.0%
Licensing Warranties

2.0%
Licensing Utilities

2.0%
Services
Service Parts

3.6%
Miscellaneous Solutions

0.7%
Service Charge

0.7%
Managed Services

0.7%
Lab Fees

0.7%
PC Lab Order Service

0.7%
Internal Lab Service

0.7%
Advanced Integration

0.7%
Electronic Services

0.7%
Asset Disposal

0.7%
Asset Management

0.7%
Training
Training Courses

0.7%
Training Reference

0.7%
Warranties
Warranties Physical

1.5%
Warranties Electronic

1.5%
Complex Warranties

1.5%
Exhibit 3 456

Notice of Award - 4400006644

PRICING SUMMARY
Service Categories
Discount off
MSRP
Consulting Services focus on assisting clients with the development of specific strategies, assessments, planning, design and implementation of solutions.

These services include (but are not limited to): Collaboration, Data Protection, Data Center, Insight:License Advisor (I:LA), Networking, Office Productivity, SAM Services and Cloud Professional Services.
rvi
Deployment Services focus on assisting clients in deploying and maintaining their IT environment. Services involved include (but are not limited to) helping our clients successfully manage every component of their deployment project to ensure project timelines, budgetary requirements, and customer satisfaction goals are met or exceeded. These services include both single and multi -site deployments.
ourred Programs
Insight's Out -sourced Programs provide on premise (on -site) and centralized (managed) resources to effectively selective -source IT lifecycle functions.

Through these services, Insight provides our clients with support and management of their enterprise IT assets with published SLA's and flexible pricing options such as fixed, per -unit, per -seat or monthly. Services typically include service desk, hardware and software provisioning, desk -side support, infrastructure support, warehousing & logistics, and centralized device repairs.

Mamr}tenanee° Servoes
For clients who need specific assistance with managing portions of their IT infrastructure, Insight offers our maintenance services programs. These include both Field and Remote Based service options.

Lab/[ntegratton°_Service
Leverage Insight's certified technicians to perform a wide variety of services from software imaging and hardware configuration to complex builds of rack servers and networks in Insight's state-of-the-art ISO 9001:2008 certified labs.

We offer the highest level of customization possible including large-scale rollouts of workstations, servers and connectivity equipment, as well as hot - swap programs.

IT Asset isposa
Insight's Asset Disposal Service consists of a comprehensive end -to -end Asset Disposition program for a wide variety of electronic materials. This service allows our clients to responsibly and securely dispose of their obsolete IT asset inventory.

Service. Desk
o
Insight's Service Desk is a global, cost-effective, 24x7x365 staffed solution with the flexibility and scalability designed to meet business requirements and support end users effectively. Support services can be provided as a remote service from one of our on -shore services centers, as a dedicated on -site service, or as a hybrid model.

Exhibit 3
457

Notice of Award - 4400006644

PRICING SUMMARY
Service Categories
a
ices
Discount off
MSRP
Through our Remote Networking Services, Insight provides our clients with 24/7 proactive monitoring and management of client network infrastructure which includes expert troubleshooting, network project support, day-to-day administration and operational reporting.

Ott
As may be offered by Insight from time to time.

Exhibit 3 458

Labor
Category (Sample Titles)
Functional Roles
Insight MSRP
Tier 1
Market Tier
Tier 2
Tier 3
Tier 4
Discount
off MSRP
Tier 1
Contract Price
Market Tier
Tier2
Tier 3
Tier 4
A
Business Analyst I, Project
Coordinator (Technical), Service
Technician
$57.60
$61.20
$78.00
$79 .56
15%
$48.96
$52.02
$66.30
$67.63
B
Business Analyst II, Service
Technician Sr.
$63.60
$67 .20
$74.40
$87.36
15%
$54.06
$57.12
$63.24
$74.26
C
Supervisor Services, Project
Coordinator Sr . (Technical),
Business Analyst Sr.
$79 .20
$80.40
$104.40
$104 .52
15%
$67.32
$68.34
$88 .74
$88.84
D
Engineer
$90.00
$91.20
$112 .80
$118 .56
15 %
$76 .50
$77.52
$95 .88
$100.78
E "
Project Manager (Technical)
$108.00
$108 .00
$135 .60
$140 .40
15%
$91.80
$91.80
$115 .26
$119.34
F
Consultant I
$150.00
$156 .00
$174.00
$202.80
20%
$120.00
$124 .80
$139.20
$162.24
G
Engineer Sr.
$126.00
$127 .20
$157.20
$165 .36
15%
$107 .10
$108.12
$133 .62
$140.56
H
Project Manager Sr. (Technical),
Manager Services
$144.00
$150.00
$182 .40
$195 .00
15%
$122.40
$127.50
$155.04
$165 .75
I
Project Coordinator (Consulting),
Consultant II, Consultant I •
(Contact Center)
$174.00
$180.00
$198.00
$234.00
15%
$147 .90
$153.00
$168 .30
$198.90
J
Consultant Sr., Consultant II
(Contact Center)
$198.00
_
$210.00
$234.00
$273 .00
20%
$158.40
$168 .00
$187 .20
$218 .40

Notice of Award - 4400006644

PRICING SUM MARY
Labor
Category (Sample Titles)
Functional Roles
Insight MSRP
Tier 1
Market Tier
Tier 2 Tier 3
Tier 4
Discount
off MSRP
Contract Price
Tier 1
Market Tier
Tier 2 Tier 3
Tier 4
K
Project Coordinator Sr .
(Consulting), Sr . Manager
Services
$198 .00
$201.60
$211 .20
$262 .08
15%
$168.30
$171.36
$179.52
$222 .77
L
Architect 1, Manager Programs,
Project Manager (Consulting)
$210 .00
$222.00
$246 .00
$288.60
15 %
$178 .50
$188 .70
$209.10
$245 .31
M
Architect II , Project Manager Sr.
(Consulting;
$234.00
$246.00
$270 .00
$319.80
15 %
$198.90
$209.10
$229 .50
$271 .83
N
Architect Sr., Architect I (Contact
Center)
$258 .00
$270.00
$300.00
$351.00
15 %
$219 .30
$229 .50
$255 .00
$298.35
O ' . f `
Architect II (Contact Center)
$300 .00
$300.00
$300 .00
$300.00
15 %
$255.00
$255.00
$255 .00
$255 .00
P
Sr. Architect (Co ntact Center)
$330.00
$330 .00
$330.00
$330.00
15%
$280.50
$280 .50
$280 .50
$280.50
Q
Specialty
$370.50
$390.00
$432.90
$507 .00
15%
$314.93
$331.50
$367 .97
$430.95

m
7- Notice of Award - 4400006644

PRICING SU MMARY
rn
Geographic
Market Tiers —
Updated
12/10/15 Tier 1
Ti er 2
Tier 3
Ti er 4
Atlanta, GA
Albuquerque, NM
Baltimore, MD
New York, NY
Austin, TX
Arlington, TX
Boston, MA
Oakland, CA
Charlotte, NC
Bakersfield, CA
Chicago, IL
San Francisco, CA
Columbus, OH
Clev eland, OH
Fresno, CA
San Jose, CA
Dallas, TX
El Paso, TX
Colorado Springs,
CO
Long Beach, CA
Los Angeles, CA
Fort Worth, TX
Denver, CO
Minneapolis, MN
Houston, TX
Detroit, MI
Philadelphia, PA
Indianapolis, IN
Kansas City, MO
Portland, OR
Jacksonville, FL
Las Vegas, NV
Sacramento, CA
Lo uisville, KY
Miami, FL
San Diego, CA
Memphis, TN
Milwaukee, WI
Seattle, WA
Nashville, TN
New Orleans, LA
Virginia Beach, VA
Oklahoma City, OK
Phoenix, AZ
Washington, DC
Omaha, NE
Raleigh, NC
San Antonio, TX
Tucson, AZ
St. Louis, MO
Tampa, FL
Tulsa, OK
Wichita, KS

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Purchasing Announcements, Current Bid Solicitations & Archives Technology Products, Services, Solutions and Related
Products and Services RFP #2000001701
Original Date Posted: August 12, 2015 2:06 pm © ShareThis Click here to access Request for Proposal #2000001701.pdf DUE DATE: September 17, 2015 at 2:00 P.M.

An optional pre -proposal conference will be held on August 26, 2015 at 10:30 A.M. at the Fairfax County Government Center, 12000 Government Center Parkway, Conference Room 4/5, Fairfax, Virginia 22035. The purpose of this conference is to allow potential offerors an opportunity to present questions and obtain clarification relative to any facet of this solicitation.

While attendance at this conference will not be a prerequisite to submitting a proposal, offerors who intend to submit a proposal are encouraged to attend. Bring a copy of the solicitation with you. Any changes resulting from this conference will be issued in a written addendum to the solicitation.

All questions pertaining to this RFP should be submitted in writing to the contract specialist, Kristy D. Varda at [email protected] or
[email protected] prior to the pre -proposal conference by close of business, August 21, 2015.

Posted under Bids & Proposals, RFP #2000001701 category « Previous post I The Buy Line Home Page I Next post »
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Exhibit 3
462
http://thebuyline.seattle.gov/2015/08/12/technology-products-services-solutions-and-relate ... 8/12/2015

The Buy Line » Technology Products, Services, Solutions and Related Products and Servi... Page 1 of 3 Welcome to City Purchasing Blog
« Previous post Next post »
ty Purr . I!n .Annenticements, Current Bid Solicitations & Archives Technology Products, Services, Solutions and Related
Products and Services RFP #2000001701
Original Date Posted: August 12, 2015 2:06 pm 0 ShareThis Click here to access Request for Proposal #2000001701.pdf DUE DATE: September 17, 2015 at 2:00 P.M.

An optional pre -proposal conference will be held on August 26, 2015 at 10:30 A.M. at the Fairfax County Government Center, 12000 Government Center Parkway, Conference Room 4/5, Fairfax, Virginia 22035. The purpose of this conference is to allow potential offerors an opportunity to present questions and obtain clarification relative to any facet of this solicitation.

While attendance at this conference will not be a prerequisite to submitting a proposal, offerors who intend to submit a proposal are encouraged to attend. Bring a copy of the solicitation with you. Any changes resulting from this conference will be issued in a written addendum to the solicitation.

All questions pertaining to this RFP should be submitted in writing to the contract specialist, Kristy D. Varda at dpsmteam 1(c4airfaxcounty.gov or
[email protected] prior to the pre -proposal conference by close of business, August 21, 2015.

Posted under Bids & Proposals, RFP #2000001701 category « Previous post I The Buy Line Home Page I Next post »
kaSeattlegov
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Categories
Announcements (RSS)
Bids & Proposals
(RSS)
TB #FAS-3348 (RSS)
ITB #PKS-3482 (RSS)
ITB #POL-62015
Uniforms (RSS)
ITB #POL-WP52015
(RSS)
ITB #SCL-1271 (RSS)
ITB #SCL-3438 (RSS)
ITB #SCL-3472 (RSS)
ITB #SDOT-3456
(RSS)
ITB #SDOT-3457
(RSS)
ITB #SDOT-3458
(RSS)
ITB-SCL-1290 (RSS)
RFI-FAS-4387 (RSS)
RFP #2000001701
(RSS)
RFP #3364 (RSS)
RFP #3381 (RSS)
RFP #CTY-3214 (RSS)
RFP #FAS-3337 (RSS)
RFP #LAW -3-A (RSS)
RFP #LAW -4 (RSS)
RFP #MUNI-3518
(RSS)
RFP #PRK-.'52015
(RSS)
RFP #SCL-3399 (RSS)
RFP #SCL-3404 (RSS)
RFP #SCL-3407 (RSS)
RFP #SCL-3440 (RSS)
Exhibit 3
463
http://thebuyline.seattle.gov/2015/08/12/technology-products-services-solutions-and-relate ... 8/12/2015

Affidavit of Publication

STATE OF WASHINGTON -- KING COUNTY
--SS.
327443
ULS. COMMUNITIES
No.

Affidavit of Publication.

The undersigned, on oath states that he is an authorized representative of The Daily Journal of Commerce, a daily newspaper, which newspaper is a legal newspaper of general circulation and it is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a daily newspaper in Seattle, King County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of this newspaper. The Daily Journal of Commerce was on the 12`'' day of dune, 1941, approved as a legal newspaper by the Superior Court of King County.

The notice in the exact form annexed, was published in regular issues of The Daily Journal of Commerce, which was regularly distributed to its subscribers during the below stated period. The annexed notice a
BCSB:T.ECH PROD.,SERVICES
was published on
08/13/15 08/14/15 08/15/15 08/17/9.5 08/18/15 08/19/15 08/20/15 charged for the foregoing publication is the sum of $4.9.40 which amount has been Notary
the Stat
residing in Sea
gton,
Exhibit 3 464

State of Washington, King County
U.S.

Communities
Government
Purchasing
Technology Products,
Services and Solutions
Proposals Due: Sept. 17
REP No. 2000001701
for Technology Products,
Services and Solutions
Fairfax County, VA (the "Lead
Public Agency"), on behalf of
U.S. Communities Government:

Purchasing Alliance, the mem-
bers of the advisory board and all
local and state government agen-
cies, higher education and non-
profit entities that elect to access
the Master Agreement is solic-
iting proposals to enter into a
Master Agreement for Technology
Products, Services, Solutions and.

Related Products and Services.

The resulting contract may be
awarded to multiple suppliers. The
RFP is subject to the Lead Public
Agency's General Conditions &
Instructions to Bidders. Proposals
are due no later than 2:00 PM
local time on September 17, 2015.

Additional information .may be
fAbrt�dar �u:.0 faiifacex] poa.

Date of first publication in
the Seattle Daily Journal of
r"mmerce, August 13, 201.5,
si20(327443)

Exhibit 3
465

REPORT :: Solicitation Download Detail
8/12/2015 4:10 PM
Solicitation ID:

Customer Ref #:

Title:

Contact:

Organization:

Vendor Details:

Company Name
30647
RFP #2000001701

TECHNOLOGY PRODUCTS, SERVICES AND SOLUTIONS
Kristy Varda
Seattle, City of
DBAName
Match
Status Code
Main Contact
Active Date:

Inactive Date:

Solicitation Type:

Public:

Estimated Value:
8/12/2015
9/17/2015
RFP
Yes
500,000,000
Email
Phone
City
ARC Document Solutions/
Reprographics Northwest / Ford
Graphics
Aventis Systems, Inc.

Cascadia Software, Inc.

DAH Corporation ISOutsource SB
EamTec Limited EamTec
International Business Machines IBM
International Consulting ISG Public Sector
Acquisition Corporation
Lee Investment Consultants, LLC LST
Thales e -Security Jeremy Eisenman
Xiologix, LLC
Zones, Inc.

Vendor Summary:

Total Veteran Owned
Total Washington Small Business
Total Vendors
Same
Y Aaron Storck
Y ? Kevin Campbell
Y Kevin Behrent
Y Kelly Paletta
Y Gary Hominiuk
Y Paul Danielson
N Mitt Salvaggio
Y
Y
Ben Campbell
Jeremy Eisenman
Sheryl Still
kevin mcgowan
[email protected]
[email protected]
kevi [email protected]
[email protected]
[email protected]
[email protected]
(206) 622-6000
(866) 528-9313 Ext. 361
(253) 896-4000 Ext. 104
(425) 646-6004 Ext. 839
(360) 632-4522
[email protected] (360) 352-6884
[email protected] (512) 797-7338
[email protected] (256) 494-9080
(954) 302-6531
[email protected] (503) 691-4364 Ext. 254 Tualatin, OR [email protected] (253) 205-3596 Auburn, WA
Seattle, WA
vlarietta, GA
Tacoma, WA
Bothell, WA
Bellingham, WA
Olympia, WA
Austin, TX
Hokes Bluff, AL
Plantation, FL
Exhibit 3 466

The
New York State
Contract Reporter
NYS' official source of contracting opportunities
Bringing business and government together
This document printed
Wednesday, 08/12/2015
Contracting Opportunity
This ad has not been published. It' has been reviewed and pending publication Title:

Agency:

Contract Number:

Contract Term:

Date of Issue:

Due Date/Time:

County(ies):

Location:

Classification:

Opportunity Type:

Entered By:

Description:

Technology Products, Services, Solutions and Related Products and Services U.S. Communities
Operations
TBD
3 years with 4 one (1) year options
08/13/2015
O9/17/2O15 2:00 PM
Optional Pre -Proposal Conference on August 26, 2015
All NYS counties
12000 Government Center Parkway, Fairfax, VA
Information Technology - Commodities
General
Mary Pelfrey
Fairfax County, VA (the "Lead Public Agency"), on behalf of U.S. Communities Government Purchasing Alliance, the members of the advisory board and all local and state government agencies, higher education and nonprofit entities that elect to access the Master Agreement is soliciting proposals to enter into a Master Agreement for Technology Products, Services, Solutions and Related Products and Services. The resulting contract may be awarded to multiple suppliers. The RFP is subject to the Lead Public Agency's General Conditions & Instructions to Bidders. Proposals are due no later than 2:00 PM local time on September 17, 2015. Additional information may be found at: wwwJairfaxcounty.gov.
* These goods or services have been purchased from an out-of-state/foreign vendor within the past three years.
of3
Exhibit 3 467

Contact Information
Primary contact: U.S. Communities
Operations
Mary Pelfrey
Solicitation Manager
2999 Oak Road, Suite 710
Walnut Creek, CA 94597
United States
Ph: 704-564-0320
Fax: 8O3-547-5361
mpelfreyeuscommunities.org
Secondary contact: U.S. Communities
Fairfax County
Kristy Varda
Contract Specialist II
12000 Government Center Parkway
Fairfax, VA 22035
United States
Ph: 703-324-3217
kristy.vardaofai rfaxcou nty.gov
Submit to contact: U.S. Communities
Fairfax County
Kristy Varda
Contract Specialist
12000 Government Center Parkway
Fairfax, VA 22035
United States
Ph: 703-324-3217
kvardaofai rfaxcou nty.gov
2 of 3
Exhibit 3 468

Supporting document shown below:

The following supporting documents are available for download:

Document
Technology Products,
Services, Solutions
"'. and Related Products
and Services
To download these documents, please visit the New York State Contract Reporter website: http://www.nyscr.ny.gov
Description
© 2015, Empire State Development http://www.esd.ny.gov/ 3 of
Exhibit 3 469

Margaret Colony, Onvia
°������0000000000000000000000
Type:

Project Name:

Agency:

Location:

Level Of Government:

Submittalrl'Due Date:

Pre -Bid Meeting Date:

Agency Bid #:

Publication Date:

Last Updated Date:

Onvia (Reference) #:

Specifications
Description:

Project Documents:

Products and Services:

Categories:

Agency Contact
The Onvia Guide O 2013 Onvia, Inc. All n
modify, copy, display, reproduce, share, sell, pu
574-1502 or customerservice@onv(a.00m
Bid
Faster Agreement for Technology Products, Services,
Solutions and Related Products and Services
Fairfax County
FAIRFAX County, VA
County
9/17/2015 2:00 PM Due in 35 days
8/26/2015 10:30 AM
2000001701
8/12/2015
8/12/2015
BID:23269048
RFP No. 2000001701
Account Manager: Lcw lunch(Ng Touch
j Help & Support
View Map
Print This
L., Send This
Fairfax County, VA, (the "Lead Public Agency"), on behalf of U.S. Communities Government Purchasing Alliance, the members of the advisory board and all local and state government agencies, higher education and nonprofit entities that elect to access the Master Agreement is soliciting proposals to enter into a Master Agreement for Technology Products, Services, Solutions and Related Products and Services . The resulting contract may be awarded to multiple suppliers. The RFP is subject to the Lead Public Agency's General Conditions & Instructions to Bidders. Proposals are due no later than 2:00 PM local time on September 17, 2015. Additional information may be found at: www.fairfaxcounty.gov/solicitation/
2000001701.W Bid/Proposal Form
Contains: Networking software, Computer networking equipment, Telecommunications products, Servers, Data management software, Computer aided design software, Billing software, Financial management software, Computer repair services, Information technology services, Network services, Case management software, Legal software, Software products, Public safety software, Dispatch software, Technical and scientific software, Geographic information system software, Financial transaction hardware, Asset management software, Emergency response software, Asset management equipment, Software consulting, Hosting services, Web design services, Asset management services
Networking Software
IT - Computer and Network Repair
Network Equipment
IT - Telecommunications Systems and Hardware
Servers
Database Software
IT - Computer Software
IT - Web Design and Hosting Services
IT - Network Consulting
IT - Information Systems Consulting
IT - Law Enforcement and Court Automation
Architecture Software
Engineering and Scientific Software
Financial Software
IT - Asset Management Software and Services
IT - Financial Management Software and Systems
IT - Billing Software and Systems
IT - Dispatch / 911 Software and Systems
reserved. Elnless yrau
fer, ass4on. or di
aitiple site or mu
The Onvia Gui
de
on
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any questions re
use The C?n
di
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your other of
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ations, please contact Onria
(800
Exhibit 3
470

Margaret Colony, Onvia
°������0000000000000000000000
Buyer:

Buyer Job Title:

Buyer (Email:

Buyer Phone:

Agency:

Owner Address:

Owner Phone:

Owner Website:

Kristy Varda
Contract Specialist
kristy.varda jfairfaxcount . ov
p: (703) 324-3217
Fairfax County
12000 Government Center Pkwy
Fairfax, Virginia 22035
p: (703) 324-2531
http://www.fairfaxcounty.taov/
Account Manager: Low lunch/Ng Tcwch
j Help & Support
The Onvia Guide ©2013 Onvia. !ne. All rights are reserved. Unless you have a nu bole site arm It pit, office license with Onvia only you alone car use The Onvia Guide at a single location. Without the written consent of Onvia, you cannot modify, copy, display, reproduce, share self, publish transfer, assign, or distribute The Onvia Guide or any portion thereof. For any questions regarding licenses to your other office locations, please contact Onvia Customer Service at (800) 574-1502 or [email protected]
Exhibit 3 471
2 Request for Proposal (RFP) Abstract: Technology Products, Services, Solutions and Relat... Page 1 of 3 L_ https://www.merx.com/English/SUPPLIER Menu.asp?WCE=Show&TAB=l&PORTAL=... 8/12/2015

Request for Proposal (RFP) Abstract: Technology Products, Services, Solutions and Relat... Page 2 of 3 N7035200: MICRO COMPUTER ACCESSORIES, KEYBOARDS
N7045: COMPUTER SUPPLIES
Region of Delivery
Region of Opportunity
Agreement Type
Tender Type
Estimated Value
Solicitation Method
Notice Description
Canada
Canada
None
Request for Proposal (RFP)
$100,000,001 >
Open
Technology Products, Services, Solutions and Related Products and Services Fairfax County, VA (the "Lead Public Agency"), on behalf of U.S. Communities Government Purchasing Alliance, the members of the advisory board and all local and state government agencies, higher education and nonprofit entities that elect to access the Master Agreement is soliciting proposals to enter into a Master Agreement for Technology Products, Services, Solutions and Related Products and Services, The resulting contract may be awarded to multiple suppliers. The RFP is subject to the Lead Public Agency's General Conditions & Instructions to Bidders. Proposals are due no later than 2:00 PM local time on September 17, 2015. Additional information may be found at: www.fairfaxcounty.gov .

Contact(s)
Contracting Authority
Name
Address
City
State / Province
Country
Postal Code
Phone
Fax
Email
Website URL
Mary Pelfrey
2999 Oak Road
Suite 710
Walnut Creek
CA
United States
94597
704-564-0320
803-547-5361
,[email protected]
iec .org
P7ttG.a uetivvti >;communties.c
Exhibit 3 473
https://www.merx.com/English/SUPPLIER_Menu.asp?WCE=Show&TAB=1 &PORTAL=... 8/12/2015

AFFIDAVIT OF PUBLICATION
921 S.W. Washington St. Suite 210 / Portland, OR 97205-2810 (503) 226-1311
STATE OF OREGON, COUNTY OF MULTNOMAH--ss.

I, Michelle Ropp , being first duly sworn, depose and say that I am a Principle Clerk of the Daily Journal of Commerce , a newspaper of general circulation in the counties of CLACKAMAS, MULTNOMAH, and WASHINGTON as defined by ORS 193.010 and 193.020; published at Portland in the aforesaid County and State; that I know from my personal knowledge that the Goods and Services notice described as
Technology Products, Services and Solutions
Bid Location Charlotte, NC, Cabarrus County; Due 09/17/2015 at 02;00 PM a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for 7 time(s) in the following issues:
8/14/2015
8/24/2015
State of Oregon
County of Multnomah
8/17/2015
8/26/2015

SIGNED OR ATTESTED BEFORE ME
ON THE 28th DAY OF August, 2015
Notary Public- Sta[ of Oregon

OFFICIAL STAMP

FEIJCIA MARIE DELGATTO

NOTARY PUBLIC - OREGON
COMMISSION NO, 934768
SSION EXPIRES JANUARY 20, 2019
Mary Pelfrey
U.S. Communities
5929 Copperieaf Commons Ct
Charlotte, NC 28277-2058
8/19/2015
8/28/2015
8/21/2015
U.S. COMMUNITIES

GOVERNMENT

PURCHASING ALLIANCE
TECHN0LLOGY PRODUCTS

AND SOLUTIONS
Proposals due 2r00pm, Sept.17, 2015
RFP No.2000001701
Fairfax County, VA (the 'Lead Public
Agency"), on behalf of U.S, Communities
Government Purchasing Alliance, the
members of the advisory board and all
local and state government agencies,
higher education and nonprofit entities
that elect to access the Master
Agreement is soliciting proposals to enter
into a Master Agreement for Technology
Products, Services, Solutions and
Related Products and Services. The
resulting contract may be awarded to
multiple suppliers, The RFP is subject to
the Lead Public Agency's General Condi-
tions & Instructions to Bidders, Proposals
are due no later than 2100 PM local time
on September 17, 2015. Additional infor-
mation may be found at:
wwWfairWc©unty_zg©v,-
Published Aug 14, 17 19, 21, 24, 26 &
28, 2015,
10838385
Order No.: 10838385
Client Reference No: RFP No. 2000001
Exhibit 3 474

AFFIDAVIT OF PUBLICATION

IN THE MATTER OF
RFP No. 2000001'701 for Technology Products, Services and Solutions

STATE OF HAWAII
City and County of Honolulu
}
j SS.

Doc. Date:
of /2201
Notary Name: COLLEEN E. SORANAKA
Doc. Description: Affidavit of
Publica
Notary Signature
Date
# Pages: 1
First Judiciajl Pi I'pli it
Lisa Kaukani being duly sworn, deposes and says that she is a clerk, duly authorized to execute this affidavit of Oahu Publications, Inc. publisher of The Honolulu Star -Advertiser, MidWeek, The Garden Island, West Hawaii Today, and Hawaii Tribune -Herald, that said newspapers are newspapers of general circulation in the State of Hawaii, and that the attached notice is true notice as was published in the aforementioned newspapers as follows:

Honolulu Star -Advertiser 0 times on:

MidWeek
The Garden island 0 times on:

Hawaii Tribune -Herald
0 times on:
7 times on:
08/18, 08/19, 08/20, 08/21, 08/22, 08/23, 08/24/2015
West Hawaii Today 0 times on:

Other Publications: 0
And that party to r'it any wa,
nd sworn before me this.
day of
Imes on:
ted in the above entitled matter.

Colleen F.. Soranaka, Notary ti of the First Judicial
remission expires: Jan 06 2016
Ad # 0000786812
awai i
(UP No„. 2000001701. for Tahoe!' s Pr
SoMcss and Solutteas
Fairfax County, VA. (the "lead' Public Agency"),
behalf of U.S. Communities Government Purchasing.

Alliance, the members of tiie'adyisoey, board mid all
local and state government agenclss, higher education
and nonprofit entities that elect' to'acoess the Master Agreement is soliciting proposals to enter into a
Master Agreement for Technology Products, Sorties,
Solutions and Related Products and Services, The
resulting contract may be awarded to multiple
st Hers, The RFP is subject to the lead Public
Agency's General,Conditions. Alnstrusforrs to Bidders.

Proposals are due no later than 2:00 PM local time on
September 17, 2015, Additional information may be
found at: !Aye,alrfaxcounty. oa,
SP..NO., L.N.

Exhibit 3
475

Ling Here
mss,
Deiin
homeeage > dpsm > current solicitation
nt
Attention Vendors
Receive FAX Purchase Orders
This area provides information regarding procurement opportunities currently being advertised by the Fairfax County Departments listed below.

General Conditions & Instructions to Bidder:

Applicable to all solicitations issued by Department of Purchasing and Supply Management for General Goods, Services and Non -Capitol Construction. • General Goods, Services and Non Capital Construction
• PPEA Opportunities
• Department Administration for Human Services Informal Solicitations • Design Consultant Contracts
• Design Consultant Contracts Public Works & Environmental Services • National/Regional Cooperative Contract Opportunities
• Construction Contracts for DPVVES Facilities and Utilities • Fairfax County Park Authority Construction/Design Solicitations • Grant Partnership Opportunities
• Design Contracts/ Projects - Housing & Community Development • Construction & Design Contracts Fairfax County Public Schools • Fairfax County Board Items
• Government to Government
Listed below are the Current Solicitations (Request for Proposal (RFP), Invitation for Bid (IFB)) and related Addenda. Interested Offerors/Bidders may obtain a copy of a solicitation by:
• Clicking on the bid number to view or print. Bids are provided on-line in Adobe Acrobat format (an Acrobat Reader 4.0 at a minimum is required), • Picking up a hard copy at the address below:

Fairfax County Government Center
12000 Government Center Parkway,
Suite 427
Fairfax, Virginia 22035-0013
• Sending your request via Fax at 703- 324-3228.
• For questions on specific Bid Numbers call 703- 324-3201, TTY 711 Changes and addenda to the solicitation may occur prior to bid closing and/or opening. Be sure to check the listing frequently.

Send solicitation questions to:

DPSM Team 1
DPSM Team 2
DPSM Team 3
DPSM Team 5
Inclement weather?
County and Schools operate on different operating schedules. Bidders are responsible for checking the appropriate operating status for possible delays or closings.

For County Bids: Check website http://www.fairfaxcounty.gov , the emergency information blog https://fairfaxcountyemergency.wordpress.com/ or 703-324-3201. If the operating status for the County is closed, unscheduled leave, or delayed opening, bids and proposals will be due at the same time on the next regular business day. Pre -bid or pre -proposal conferences will be rescheduled.

For Schools Bids: Check at http://www.fcps.edu , or on the Emergency Announcement page at http://www.fcps.edu/news/emerg.shtml If the operating status for Schools Central Office is closed, unscheduled leave, or delayed opening, bids and proposals will be due at the same time on the next regular business day. Pre -bid or pre -proposal conferences will be rescheduled.

Electronic Documents World Languages Adopted Textbooks
BID NUMBER: 2000001600
CLOSING DATE/TIME: Jul 31, 2015 @ 02:00 PM
Appendix B
Attachmnet C
Instructional Classes, Camps, Clinics/Seminars, Workshops, Daytrips, Residential Programs, League/Tournaments Etc.

Bid Number: 2000000101
CLOSING DATE/TIME: OPEN
Exhibit 3 476
http://www.fairfaxcounty.gov/solicitation/ 8/12/2015

Custodial Services Housing Various Locs
BID NUMBER: RFP2000001611
CLOSING DATE/TIME: Aug 18, 2015 @ 10:00 AM
A mandatory pre -proposal conference will be held at 10:00 A.M. on July 29, 2015, at the Fairfax Government Center, 12000 Government Center Parkway, Fairfax, VA 22035, Conference Room 8. The purpose of this conference is to allow potential offerors an opportunity to present questions and obtain clarification relative to any facet of this solicitation. NO ONE WILL BE ALLOWED TO ATTEND THE CONFERENCE AFTER 10:10 A.M.

Sign in sheet for pre -proposal
Addenda 1
Flooring - Furnish and Install
BID NUMBER: IFB2000001666
CLOSING DATE/TIME: Sep 11, 2015 @ 02:00 PM
An optional pre -bid conference will be held at 10:00 a.m. on August 24, 2015 at the Fairfax County Government Center, 12000 Government Center Parkway, Fairfax, VA 22035, Conference Room 7. All questions pertaining to this IFB should be submitted in writing to [email protected] prior to the pre -proposal conference.

Mops, Walk -Off Mats and Related Items
BID NUMBER: IFB2000001667
CLOSING DATE/TIME: Aug 12, 2015 @ 02:00 PM
All questions pertaining to this IFB should be submitted in writing to the contract administrator at [email protected] no later than 5:00pm on August 06, 2015.

Detention Center Physician Services
BID NUMBER: RFP2000001671
CLOSING DATE/TIME: Aug 31, 2015 @ 02:00 PM
An optional pre -proposal conference will be held at 11:00 A.M. on July 23, 2015 at the Fairfax County Government Center, 12000 Government Center Parkway, Room 425.C, Fairfax, Virginia. The purpose of this conference is to allow potential offerors an opportunity to present questions and obtain clarification relative to any facet of this solicitation.

While attendance at this conference will not be a prerequisite to submitting a proposal, offerors who intend to submit a proposal are encouraged to attend. Bring a copy of the solicitation with you. Any changes resulting from this conference will be issued in a written addendum to the solicitation. All questions pertaining to this RFP should be submitted in writing to the contract specialist at the DPSM Team 1 link above no less than 2 days prior to the pre -proposal conference.

Addendum 1
Attendance
Reston Town Center North Redevelopment
BID NUMBER: RFP2000001682
CLOSING DATE/TIME: Aug 20, 2015 @ 03:00 PM
An optional pre -proposal conference will be held on July 23, 2015, at the Fairfax County Government Center, 12000 Government Center Parkway, in Conference Room 2-3, Fairfax, Virginia at 2:00 P.M. The purpose of this conference is to allow potential offerors an opportunity to present questions and obtain clarification relative to any facet of this solicitation. While attendance at this conference will not be a prerequisite to submitting a proposal, offerors who intend to submit a proposal are encouraged to attend, and to bring a copy of the solicitation. Any changes resulting from this conference will be issued in a written addendum to the solicitation. All questions pertaining to this RFP should be submitted in writing to the DPSM Team 2 Link above prior to the pre -proposal conference.

Pre Proposal Conference
Addendum 2
Addendum 1
Scrubber Centrifugal Pumps
BID NUMBER: IFB2000001686
CLOSING DATE/TIME: Aug 21, 2015 @ 02:00 PM
A mandatory site visit and pre -bid conference will be held at 9:30 a.m. on Monday August 3, 2015 at the Noman M. Cole Jr., Pollution Control Plant located at 9399 Richmond HWY, Lorton VA 22079. Bidders shall meet in the lobby of the facility. Bidders who arrive late will not be able to sign the attendance sheet; therefore, please plan accordingly.

NO ONE WILL BE ADMITTED AFTER 9:40 a.m. Due to the importance of all bidders having a clear understanding of the specifications/scope of work and requirements of this solicitation, attendance at this site visit/conference will be a prerequisite for submitting a bid. BIDDERS ARE REQUESTED TO SUBMIT ANY QUESTIONS PERTAINING TO THE IFB, IN WRITING, TO [email protected], PRIOR TO THE BEGINNING OF THE PRE -BID CONFERENCE.

Pre -bid Conference Attendance
Addenda 1
Wet Fire Suppression Systems
BID NUMBER: IFB2000001700
CLOSING DATE/TIME: Sep 9, 2015 @ 10:00 AM
An optional pre -bid conference will be held on August 25, 2015 at 9:00 a. m., at the Fairfax County Government Center, 12000 Government Center Parkway, Conference Room 8, Fairfax, Virginia, 22035. The purpose of this conference is to allow potential bidders an opportunity to present questions and obtain clarification relative to any facet of this solicitation.

Technology Products Services Solutions
BID NUMBER: RFP2000001701
CLOSING DATE/TIME: Sep 17, 2015 @ 02:00 PM
Exhibit 3 477
http://www.fairfaxcounty.gov/solicitation/ 8/12/2015

Awards FOIA
An optional pre -proposal conference will be held on August 26, 2015 at 10:30 A.M. at the Fairfax County Government Center, 12000 Government Center Parkway, Conference Room 4/5, Fairfax, Virginia 22035. The purpose of this conference is to allow potential offerors an opportunity to present questions and obtain clarification relative to any facet of this solicitation. While attendance at this conference will not be a prerequisite to submitting a proposal, offerors who intend to submit a proposal are encouraged to attend. Bring a copy of the solicitation with you. Any changes resulting from this conference will be issued in a written addendum to the solicitation. All questions pertaining to this RFP should be submitted in writing to the contract specialist at the DPSM Team 1 link above prior to the pre -proposal conference by close of business, August 21, 2015.

Lease 1 Volvo A3OG Dump Truck w/Tailgate
BID NUMBER: IFB2000001711
CLOSING DATE/TIME: Sep 10, 2015 @ 10:30 AM
County: Phone, Email or Twitter I Main Address: 12000 Government Center Parkway Technical Questions: Web Administrator
ADA Accessibility I Website Accessibility
Mobile I Using this Site I Web Disclaimer & Privacy Policy I Get Adobe Reade Official site of the County of Fairfax, Virginia, O Copyright 2015 Fairfax VA 22035
Website Feedback
anguage Translations
Exhibit 3 478
http://www.fairfaxcounty.gov/solicitation/ 8/12/2015

Solicitation - Paper Only Responses
https://vendor.epro.cgipdc.com/webapp/V S SAPPX/Advantage;j session...

Printing Instructions - This reference copy and all associated attachments are essential in order to accurately complete a response to the solicitation. Follow these printing instructions to accurately respond to this solicitation:

1. Print the Solicitation Print

2. Print all attachments provided (see attachments section below) - Click on the attachment file name (link), open or save attachment, then print the file Caution: Read all documents and follow specific bidding instruction for this solicitation. Bidding instructions will vary from solicitation to solicitation. The Commonwealth reserves the right to reject responses that are not complete and accurate.

Solicitation 2000001701
Solicitation: 2000001701
Solicitation Type: Request for Proposals (RFP)
Category: Non -Professional Services - Technology
Description: Fairfax County seeks is to solicit sealed proposals to establish a cooperative contract or contracts through competitive negotiation for the provision of Technology Products, Services, Solutions, and Related Products and Services by the County of Fairfax, Virginia as well as other Participating Public Agencies. See document at: http://www.fairfaxcounty.gov/solicitation/
Department: LAA2 - Fairfax County Govt.

Unit: FAIR - FAIRFAX GOVT.

Amendment Information: Please refer to website for addendum # land #2.

Pre -Bid Conference Type: Pre -Proposal Conference
Pre -Bid Conference Date: 8/26/2015
Pre -Bid Conference Time: 10:30 AM
Sole Source/Emergency:

Web Address: http://www.fairfaxcounty.gov/solicitation/ Work Location: Fairfax County
Attachment Name: VBO Attachment rev Vendor Reg. on VIP Portal.pdf Contact Information
Buyer Name: Kristy Varda
Phone: 703-324-3217
Fax:

Email: [email protected]
Solicitation Version Number: 3
Phase: Submitted
Published ?: Yes
Status: Open
Closing Date: 9/24/2015
Closing Time: 2:00 PM
Published Date: 9/4/2015
Amended Date: 9/4/2015
Cancel Date:

Public Bid Opening Date: Not Applicable
Public Bid Opening Time: Not Applicable
Total Attachments: 1
Description:

Requestor Name: Frances Simpson
Phone: 703-324-3201
Fax:

Email: [email protected]
Bid Reading Information
Description:

Published Date:

Notice of Intent to Award Information
Description:

Published Date:

Notice of Award Information
Description:

Published Date:

No Award Information
Description:

Published Date:

Change Management
Created By: fsimpsonl
Last Modified By: fsimpsonl
Created On: 9/4/2015
Last Modified On: 9/4/2015
Commodity Information
Commodity: 20453 - Microcomputers, Desktop or Tower based Commodity: 20454 - Microcomputers, Handheld, Laptop, and Notebook Commodity: 20464 - Network Components: Adapter Cards, Bridges, Connectors, Expansion Modules/Ports, Firewall Devices, Hubs, Line Drivers, MSAUs, Routers, Transceivers, etc.

Commodity: 20491 - Servers, Microcomputer (Application, Database, File, Mail, Network, Web, etc) Commodity: 20625 - Computer Systems, Digital
Commodity: 20656 - Imaging Systems, Mini and Main Frame Computer (Incl. Digital Imaging Network and Technology) Commodity: 20687 - Servers, Mini/Mainframe Computer (Application, Database, File, Mail, Network, Web, etc.) Commodity: 20811 - Application Software, Microcomputer
Commodity: 20827 - Communications: Networking, Linking, etc. (Includes Clustering Software) Commodity: 92037 - Networking Services (Including Installation, Security, and Maintenance) Exhibit 3 479
1 of 1 9/8/2015 10:04 AM

Solicitations I U.S. Communities

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Listed below are posting details and documents for competitive solicitations currently in progress.

Resulting contracts will be made available through the U.S. Communities cooperative purchasing program.

Technology Products, Services, Solutions, and Related
Products and Services
Lead Agency:

Fairfax County, VA
Pre -Proposal Conference. August 26, 2015
Responses Due: September 17, 2015
Postings
Posting Information: Date Posted:

U.S. Communities: Current Aug 12, 2015 - Sept 17, 2015
Solitications
Onvia DemandStar Aug 12, 2015 - Sept 17, 2015
Fairfax County Aug 12, 2015 - Sept 17, 2015
Canadian MERX Public Tenders Aug 12, 2015 -Sept 17, 2015 State of Hawaii and Oregon Aug 12, 2015 - Sept 17, .2015 Oregon Association of Counties Aug 12, 2015 - Sept 17, 7015 HVAC Products, Installation, Services and Related
Products and Services
Lead Agency:

Harford County Public Schools, MD
Pre -Proposal Conference: June 29, 2015
Questions due: July 9, 2015
Responses due: August 13, 2015
Postings
Posting Information:

U.S. Communities: Current
Solitications
Onvia DemandStar
Harford County Public Schools
Canadian MERX Public Tenders
Date Posted:

June 11, 2015 -August 13, 2015
June 11, 2015 -August 13, 2015
June 11, 2015 -August 13, 2015
June 11, 2015 -August 13, 2015
RFP Documents:

REP 2000001701
RFP Documents:

JLP-c2,3 Addendum
F'FP `I E JLP-023 Addendum
m
R( F' 1 S-JLI ..02..5 rlcli` )r rr
Exhibit 3 480
http://www.uscommunities.org/solicitations/ 8/12/2015

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
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 AGREEMENT WITH CLARK EQUIPMENT COMPANY DBA BOBCAT

COMPANY TO PURCHASE EXCAVATOR AND TRAILER
DATE: February 27, 2023
RECOMMENDATION:

It is staff's recommendation that the City Council by motion adopt the attached Resolution approving an agreement with Clark Equipment Company DBA Bobcat Company for the purchase of an excavator and trailer, for a total cost of $39,877.38.

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 needed new purchase in FY 2022-23. • Purchase of a new Excavator. This is a new unit to be used by Public Works staff during landscaping, irrigation, and other maintenance projects involving trenching, digging, and augering activities. The trailer will be used to transport the excavator and other equipment from the yard to each work site.

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 14, 2019, Sourcewell (hereinafter, "Sourcewell") issued a Request for Proposals ("Sourcewell RFP") 481

for Medium Duty and Compact Construction Equipment with Related Attachments, Accessories, and Supplies (RFP #040319). On March 29, 2019, Clark Equipment Company dba Bobcat Company submitted a proposal and on May 28, 2019, Clark Equipment Company dba Bobcat Company was awarded a Solicitation Contract #040319-CEC which was later extended on January 23, 2023.

Staff obtained a quote from Clark Equipment Company dba Bobcat Company for the excavator and trailer for a cost of $39,877.38. The equipment pricing is based on Clark Equipment Company dba Bobcat Company's cooperative purchasing contract with Sourcewell.

CONCLUSION:

With Council approval of the proposed agreement with Clark Equipment Company dba Bobcat Company, the City as a public agency will be able to utilize Clark Equipment Company dba Bobcat Company's cooperative agreement with Sourcewell to purchase the equipment directly from them.

FISCAL IMPACT:

There are funds available in the amount of $45,000 in the FY 2022/23 Public Works budget for this purchase.

ATTACHMENTS:

Exhibit 1 - Resolution 2023-13
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 482

RESOLUTION NO. 2023-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING AN AGREEMENT WITH CLARK

EQUIPMENT COMPANY DBA BOBCAT COMPANY FOR THE

PURCHASE OF A BOBCAT EXCAVATOR AND TRAILER
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 14, 2019, Sourcewell (hereinafter, "Sourcewell") issued a Request for Proposals ("Sourcewell RFP") for Medium Duty and Compact Construction Equipment with Related Attachments, Accessories, and Supplies (RFP #040319); and
WHEREAS, on March 29, 2019, Bobcat submitted a proposal; and WHEREAS, on May 28, 2019, Bobcat was awarded a Solicitation Contract #040319-CEC, which was later extended on January 23, 2023; and WHEREAS, the City of Bell Gardens is a member of Sourcewell (formerly the National Joint Powers Alliance) ("Sourcewell") 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 excavator and trailer; and
WHEREAS, the City Council finds that the City has complied with the procurement process; and
WHEREAS, the City desires enter into an agreement Clark Equipment Company dba Bobcat Company for the purchase of an excavator and trailer, for a total cost of $39,877.38.

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

Exhibit 1 483

Resolution No. 2023-13
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 Sourcewell.

SECTION 3. The City Council hereby approves an agreement Clark Equipment Company dba Bobcat Company for the purchase of an excavator and trailer, for a total cost of $39,877.38.

SECTION 4. The City Council further authorizes the City Manager to execute the agreement with Clark Equipment Company dba Bobcat Company consistent with this resolution along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.

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.

PASSED, APPROVED and ADOPTED this 27th day of February 2023.

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

Stephanie Vasquez
City Attorney
2 of 3
Daisy Gomez
City Clerk
Exhibit 1 484

2023

EQUIPMENT PROCUREMENT AGREEMENT
(Procurement: Bobcat Excavator and Trailer)
(Parties: City of Bell Gardens and Clark Equipment Company dba Bobcat Company) THIS EQUIPMENT PROCUREMENT AGREEMENT (hereinafter, "Agreement") is made and entered into this day of 2023 by and between
the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and CLARK EQUIPMENT COMPANY DBA BOBCAT COMPANY (hereinafter, "Bobcat"). For the purposes of this Agreement, City and Bobcat may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to City or Bobcat 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 Bobcat Excavator (model E10 T4 Bobcat Compact Excavator, with trenching bucket, grading bucket, and nitrogen breaker) and trailer (model FT -12 1,11,520 Ib. capacity) from Bobcat; 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 14, 2019, Sourcewell (hereinafter, "Sourcewell") issued a Request for Proposals ("Sourcewell RFP") for Medium Duty and Compact Construction Equipment with Related Attachments, Accessories, and Supplies (RFP #040319); and WHEREAS, on March 29, 2019, Bobcat submitted a proposal; and WHEREAS, on May 28, 2019, Bobcat was awarded a Solicitation Contract #040319-CEC, which was later extended on January 23, 2023, (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 Bobcat's cooperative Exhibit 2 45

agreement with Sourcewell, to purchase directly from Bobcat; and WHEREAS, City desires to enter into an agreement with Bobcat for the purchase of one (1) excavator and trailer, upon the conditions set forth below.

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

Section 1. DESCRIPTION OF EQUIPMENT AND SERVICES.

A. Subject to all the terms and conditions of this Agreement, Bobcat agrees to sell and deliver, that certain excavator and trailer and provide a warranty as described in Bobcat Product Quotation #NTC-00749 (the "Quotation") dated February 20, 2023. A true and correct copy of the Quotation is attached and incorporated hereto as Exhibit "A". For purposes of this Agreement, the capitalized term "Excavator and Trailer" shall refer to the Excavator, attachments and trailer listed in the Sourcewell RFP. The unit prices charged by Bobcat to City for the Excavator and Trailer 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 Excavator and Trailer shall in all respects meet the specifications for identical Excavator and Trailer 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. Bobcat; performance under this Agreement includes all transportation services, labor, material, tools and equipment necessary for Bobcat to complete its delivery and off-loading of the Excavator and Trailer at the location(s) specified by the City Representatives in a good workmanlike manner. Bobcat shall not commence the delivery of the Excavator and Trailer 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. Bobcat shall perform all services and tasks contemplated under this Agreement continuously and with due diligence. Bobcat shall, among other things, be responsible for the delivery of the Excavator and Trailer to City and shall also provide its delivery personnel with all equipment and tools necessary to move the Excavator and Trailer from Bobcat's delivery Excavator and Trailer to the location(s) specified by the City Representatives. City shall in no way be responsible for undertaking the delivery of the Excavator and Trailer with its own personnel or any other contracted third -party, nor shall City be responsible for providing Bobcat's personnel with training, tools or equipment required to deliver the Excavator and Trailer. The Excavator and Trailer shall be delivered to City within one hundred eighty days (180 days) from City's issuance of the written Notice to Proceed.

Exhibit 2 4286

D. The Excavator and Trailer shall be subject to inspection by City and may be rejected by City if the Excavator and Trailer do not meet the specifications called for under this Agreement or are otherwise broken or defective. The Excavator and Trailer 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 Excavator and Trailer which does not meet the required specifications or are broken or defective and the cost of returning and replacing the Excavator and Trailer shall be borne solely and exclusively by Bobcat. At City's option, Excavator and Trailer that are rejected and returned by City shall be promptly replaced by Bobcat or the cost of such Excavator and Trailer shall be credited or refunded to City. No payment shall be required until replacement is complete. Bobcat shall replace any and all Excavators and Trailers lost during delivery. Prior to the issuance of such Notice of Acceptance, Bobcat, at Bobcat's sole cost and expense, shall be required to make all such repairs, modifications or corrections to the Excavator and Trailer as may be necessary to ensure that the Excavator and Trailer perform in accordance with the agreed specifications or replace any and all defective or incompatible parts as may be necessary to ensure that the Excavator and Trailer perform in accordance with the established specifications.

E. City's acceptance of the Excavator and Trailer shall be conditioned upon the final inspection and performance testing of the Excavator and Trailer by City, as specified under Section 5 of this Agreement, below, to ensure that the Excavator and Trailer satisfy the requirements of the City and are 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, the Excavator and Trailer which are determined to be damaged, defective or other non -compliant with such specifications.

F. Coordinated delivery of Excavator and Trailer will take place during the standard business hours.

G. Risk and Title. Bobcat shall bear risk of loss of the Excavator and Trailer, including any damage sustained during transportation to the delivery site. Risk in the Excavator and Trailer shall pass to City upon delivery. Transfer of title to Excavator and Trailer 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 Excavator and Trailer 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 Excavator and Trailer are defective or fail to meet specifications or upon Bobcat's breach of any ongoing duties or obligations set forth under this Agreement.

Exhibit 2 417

Section 2. STANDARD OF CARE.

A. Bobcat represents, acknowledges and agrees as follows:

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

2. Bobcat shall perform all work in a manner reasonably satisfactory to the City;

3. Bobcat 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. Bobcat 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 Bobcat's employees and agents (including but not limited to Bobcat'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 Bobcat's employees and agents (including but not limited to Bobcat'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 Bobcat's acceptance of any work performed by or on Bobcat's behalf shall not constitute a release of any defects or damage to the Excavator and Trailer 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 Bobcat, 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 Bobcat's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services and Bobcat shall refer any Exhibit 2 438

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. Bobcat Representative. For the purposes of this Agreement, Jesse Rheault, Government Account Manager, is hereby designated as the principal and representative of Bobcat authorized to act on its behalf with respect to Bobcat's performance under this Agreement and to make all decisions in connection therewith (the "Bobcat Representative"). Notice to the Bobcat Representative shall be written to constitute notice to Bobcat.

Section 4. BOBCAT'S PERSONNEL
A. Bobcat 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. Bobcat 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. Bobcat 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. Bobcat 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 Bobcat's personnel shall have a period of thirty (30) calendar days from the date the Excavator and Trailer is delivered to run performance tests of the Excavator and Trailer in order to determine whether or not the Excavator and Trailer meet specifications, are not damaged and are functioning properly. Bobcat, 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 Excavator and Trailer 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 Exhibit 2
4%9

of the Excavator and Trailer. 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 Excavator and Trailer 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 Excavator and Trailer shall toll, the expiration of the 30 -day testing and instruction period as to any and all Excavators and Trailers.

Section 6. WARRANTIES
Bobcat shall extend to City all such warranties for the Excavator and Trailer 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, Form P of the Sourcewell Contract and the Bobcat Warranty which is attached and incorporated hereto as Exhibit "C" ("BOBCAT WARRANTY").

Section 7. COMPENSATION
A. Compensation for Excavator and Trailer. Bobcat shall sell and deliver the Excavator and Trailer and provide 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 Bobcat's total aggregate compensation for the sale and delivery of the Excavator and Trailer and warranty exceed the aggregate sum of THIRTY-

NINE THOUSAND EIGHT HUNDRED SEVENTY-SEVEN DOLLARS AND
THIRTY-EIGHT CENTS ($39,877.38) (the "Not -to -Exceed Amount").

Section 8. PROHIBITED INTERESTS
Bobcat warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Bobcat, to solicit or secure this Agreement. Further, Bobcat 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 Bobcat, 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
Bobcat 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 Exhibit 2
Ao

City and Bobcat.

Section 10. RECORDS AND INSPECTION
Bobcat 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
Bobcat 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. Bobcat 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. Bobcat 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
Bobcat 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
Bobcat 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 Bobcat services.

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

Exhibit 2
491
7 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 Excavator and Trailer, 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. Bobcat may only terminate this Agreement for cause. Except as otherwise provided herein, in the event of City's termination of this Agreement for convenience, Bobcat shall be compensated for such Excavator and Trailer 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) Bobcat'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) Bobcat'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 Bobcat, whether voluntary of involuntary; (iv) Bobcat'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. Bobcat shall cure the following Events of Defaults within the following time periods:

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 Bobcat is obligated to provide to City or its agents under this Agreement. Prior to the expiration of the 10 - day cure period, Bobcat may submit a written request for additional time to Exhibit 2 42

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 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 Excavator and Trailer 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 Bobcat'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 Bobcat's Default Notice to City.

E. City, in its sole and absolute discretion, may also immediately suspend Bobcat's performance under this Agreement (or the performance of any specific task or function performed by under this Agreement) pending Bobcat's cure of any Event of Default by giving written notice of City's intent to suspend Bobcat'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, National Auto Feel Group 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.

Exhibit 2 4%3

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:

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

2. Upon written notice to Bobcat, 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 Bobcat's breach of the Agreement, obtain specific performance from Bobcat 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, Bobcat'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 Bobcat 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
Bobcat 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 Bobcat. In the event that a FORCE MAJEURE event materially increases the Bobcat'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 Bobcat's insurances.

Exhibit 2
484

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 Bobcat 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 BOBCAT:

City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Grissel Chavez, Director of Public
Works
Bobcat Company
250 E. Beaton Drive, West Fargo ND 58078
Attn: Jesse Rheault, Government Account
Manager
Phone: (710) 630-5134
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
Bobcat 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 Bobcat.

Section 20. ATTORNEY FEES
In the event that City or Bobcat 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 Exhibit 2
465

and Bobcat 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 Bobcat.

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.

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.

Exhibit 2
266

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
47 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 CLARK EQUIPMENT, DBA BOBCAT

COMPANY
By: By:

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

Approved as to form:

By:

Stephanie Vasquez, City Attorney
Exhibit 2
468

EXHIBIT "A"

QUOTATION
Bobcat
Product Quotation
Qurotatice Number; NTC-00'49
Dart. 2023-02-2,0 11:02.45
Customer Narne°Address.

City of Bell Gardens
Attn: Grissel Chavez
Bell Gardens, CA 90201
Bobcat Delivering Dealer
Bobcat of Los Angeles., Cerritos,
CA
13728 ALONDRA BLVD
CERRITOS CA 90703
Phone. 562-926-2342
Fax:

Description
E1© T4 Bobcat Compact Excavator
Achustable Hydraulic Joystick Controls
Auxiliary Hydraulics
• ti`,"Boom hIouuted Flush Face Quick Couplers
°peratear Guard - Fend Down
• Includes: Retractable Seat Belt., Power Port
• Tip Over Protective Structure (TOPS)-nfeets
Requirerafirna of ISO 1211 T
Control Console Lochs
Control Pattern Selector Value (ISOSTD)
Dozer Blade with Extensions
16" Trenching Bucket
31" Grading Bucket
NB110 Nitrogen Breaker with Nail Point
— Hose Kit - E10, 316r 418
--- Pin -On Mounting Cap - HB2B0 - 418
Description
Felling Trainer
Total of items Quoted
Dealer P.D.I.

Freight Charges
Dealer Assembly Charges
Quote Total - US dollars
ORDER TO BE PLACED WITH:

C erh',act Holden°€Mar ;„ttactueer
Clark Equipment Co dba Bobcat
Company
250 E Beaton Dr,
West Fargo, NO 58078
Phone: 701-241-8719
Fax: 855.6080601
Contact: Heather Messmer
Heather.Messmerdoosan.com
Part No Qty Price Ea_ Total
M5545 1 519,,849.20 $19,84920
Horn
Hydraulically Retractable Undercarriage
Rubber Tracks
Spark Arrestor Muffler
Two -speed Travel
Work Light
Zero Tail Swing
Warranty; 2 years, or 2000 hours whichever
occurs first
7140489
7150275
7355660
7170566
71606T7
Part No
1 114.76
Price Ea.
„800.00
$459.20
5550.90
S3,880,56
S228.76
$114.76
Total
$13,800,00
538,883.38
$200.00
S794.00
S0.00
S39,877.38
"Prices per the agiutzgoorell Contract #040319-CEC.
"Terms Net 60 Days. Credit cards accepted.
"FOB Destination
"State Sales Taxes apply. IF Tax Exempt, please include Tax Exempt Certificate with order "7FDll 38-0425350
saw vin Clark Equipment Company Anna Bobcat Company, Govt Safes, 250 E Fargo,, trill 58'078,
"Quote valid for 30 days
Exhibit 2
259

ORDER ACCEPTED BY:

SIGNATURE

NT NAME AND TITLE
DELIVERY Al
DATE

SE ORDER NUMBER
BILLING ADDRESS (if di an Ship T
TAX EXE R `ES N
Exempt M the State of
Tax Exempt ID;

FEDERAL -
ST
Exp ratI* . Date„
Exhibit 2
500

EXHIBIT "B"

SOURCEWELL DOCUMENTS
Exhibit 2
g6i

SourcewellSM
Formerly the National Joint Powers Alliance (NJPA)

E UT F SAL
for the procurement of

MEDIUM DUTY AND COMPACT CONSTRUCTION EQUIPMENT WITH RELATED

ATTACHMENTS, ACCESSORIES, AND SUPPLIES
RFP Opening
April 4, 2019
8:30 a.m. Central Time
At the offices of Sourcewell
202 12th Street Northeast, Staples, MN 56479
F? #4 31.

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 #040319 MEDIUM DUTY AND COMPACT CONSTRUCTION EQUIPMENT WITH RELATED ATTACHMENTS, ACCESSORIES, AND SUPPLIES. Details of this RFP are available beginning February 14, 2019. Details may be obtained by letter of request to James Voelker, 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 3, 2019 at 4:30 p.m. Central Time at the above address and opened April 4, 2019 at 8:30 a.m. Central Time.

RFP Timeline
February 14, 2019
March 20, 2019

1.0:00 a.m. CT
Publication of RFP in the print and online version of USA Today, in the print and online version of the Salt Lake News within the State of Utah, in the print and online version of the Daily Journal of Commerce within the State of Oregon (note: OR entities this pertains to: www.sourcewell- mn.gov/compliance-legal/oregon-advertising and also RFP Appendix B), in the print and online version of The State within the State of South Carolina, the Sourcewell website, MERX, PuhlicPurchase.com, Biddingo, and Onvia.

Pre -Proposal Conference (the webcast/conference call). The connection information will be sent to all inquirers two business days before the conference.

March 27, 2019 Deadline for RFP questions.

April 3, 2019
4:30 p.m. CT
April 4, 2019
8:30 a.m. CT
Deadline for Submission of Proposals. Late responses will be returned unopened.

Public Opening of Proposals.

Direct questions regarding this RFP to: James Voelker at ames,voelker(«sourcewell-mn.gov or 218-895-4191.

Exhibit 2 502 1

CONTENTS

FINITEONS
A. Contract
B. Proposer
C. Sourced Good of Open Market Item
D. Vendor

2. ADVERTISEMENT OF RFP

INTRODUCTION
A. About Sourcewell
B. Joint Exercise of Powers Laws
C. Why Respond to a National Cooperative
Procurement Contract
D. The Intent of This RFP
E. Scope of This RFP
F. Expectations for Equipment/Products
and Services Being Proposed
G. Solutions Based Solicitation

INSTRUCTIONS FOR PREPARING YOUR

PROPOSAL
A.

B.

C.

D.

E.

F.

G.

H.

I.

Inquiry Period
Pre -Proposal Conference
Identification of Key Personnel
Proposer's Exceptions to Terms and
Conditions
Proposal Format
Questions & Answers About This RFP
Modification or Withdrawal of a
Submitted Proposal
Proposal Opening Procedure
Sourcewell's Rights Reserved

PRICING
A.

B.

C.

D.

E.

F.

G.

H.

J.

K.

L.

Line -Item Pricing
Percentage Discount From Catalog or
Category
Cost Plus a Percentage of Cost
Hot List Pricing
Ceiling Price
Volume Price Discounts/
Additional Quantities
Total Cost of Acquisition
Sourced Equipment/Products/
Open Market Items
Price and Product Changes
Payment Terms
Sales Tax
Shipping
EVAI,E_JANON OF PROPOSALS
A. Proposal Evaluation Process
B. Proposer Responsiveness
C. Proposal Evaluation Criteria
D. Other Consideration
E.

F.

G.

H.

J.

K.

Cost Comparison
Marketing Plan
Certificate Of Insurance
Order Process and/or Funds Flow
Administrative Fees
Value Added
Waiver of Formalities

7. POST A\VARD OPERATING ISSUES
A. Subsequent Agreements
B. Sourcewell Member Sign-up Procedure
C. Reporting of Sales Activity
D. Audits
E. Hub Partner
F. Trade -Ins
G. Out of Stock Notification
H. Termination of a Contract resulting from
this RFP
GENERAL TERMS ANI.) CONDEMNS
A. Advertising a Contract Resulting From
This RFP
B. Applicable Law
C. Assignment of Contract
D. List of Proposers
E. Captions, Headings, and Illustrations
F. Data Practices
G. Entire Agreement
H. Force Majeure
I. Licenses
J. Material Suppliers and Sub -Contractors
K. Non -Wavier of Rights
L. Protests of Awards Made
M. Suspension or Disbarment Status
N. Affirmative Action and Immigration
Status Certification
O. Severability
P. Relationship of Parties
Q. Provisions for Non -Federal Entity
Procurements under Federal Awards or
Other Awards
ORMS
PRESUBMISSIONC',IIECK➢,IST
➢ 1, PRICE: & PRODUCT CHANGE R[QuE:S'r
FORM
i2. APPENDIX A
➢ , APPENDIX II I -II ID OR, SC, UT, \\%A\
Political Subdivision (SEPARATE

ATTACHMENT)
14, APPENDIX C VA Polii,➢cal Subdivisions
(SEPARATE ATTACHMENT)
15, APPENDIX D F EI;I IA Terms & Conditions
(SEPARATE ATTACHMENT)
Exhibit 2 503 2

1 UE.FIMTIONS
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.

B. 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 2 504 3

2 ADVFRFISEIIIFN [ OF RFP
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 -party 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.

INTRODL1c [IOC'
A. ABOUT SOURCEWELL

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.sourccwell- mn.gov.

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/compliance-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 2 505 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 a typical individual proposal process.

U. T 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 2 506 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 MEDIUM DUTY AND COMPACT

CONSTRUCTION EQUIPMENT WITH RELATED ATTACHMENTS, ACCESSORIES, AND SUPPLIES.

3.17 Additional Scope Definitions: In addition to MEDIUM DUTY AND COMPACT

CONSTRUCTION EQUIPMENT WITH RELATED ATTACHMENTS, ACCESSORIES, AND SUPPLIES, this solicitation should be read to include, but not to be limited to:

Exhibit 2
507 6

3.17.1 Wheel, track or backhoe loaders, skid steers, excavators, on -highway telescoping excavators, telehandlers, site -preparation equipment, and rollers.

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

3.17.2.1 This solicitation should NOT be construed to include any of the following:
a. Construction services
b. Equipment accessory, attachment and supply only solutions, or c. 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 #032119)
ii. Trailers with Related Equipment, Accessories, and Services (See Sourcewell RFP #121918)
iii. Snow and Ice Handling Equipment, Supplies, and Accessories (See Sourcewell RFP #080818)
iv. Public Utility Equipment with Related Accessories and Supplies (See Sourcewell #012418)
v. Sewer Vacuum, Hydro -Excavation, and Street Sweeper Equipment with. Related Accessories and Supplies (See Sourcewell. RFP #122017)
vi. Grounds Maintenance Equipment, Attachments, Accessories, and Related Services (See Sourcewell RFP #0621.17)
vii. Roadway Maintenance Equipment with Related Accessories, Attachments, Materials, and Supplies (See Sourcewell RFP #052417) viii. Forklifts, Lift Trucks, and Related Material Handling Equipment, Attachments, Accessories, and Services (See Sourcewell RFP #101816)
ix Portable Construction and Maintenance Equipment and Trailers with Related Accessories, Attachments, and Supplies (See Sourcewell RFP #052015)
x. Agricultural Tractors with Related Equipment and Accessories (See Sourcewell RFP #021815)
xi. Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services (See Sourcewell RFP #112014)

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.

Exhibit 2 508 7

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, 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 detennined 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 Exhibit 2 509 8

engage, personnel with the necessary expertise to complete these tasks internally or through other independent contractors.

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 MEDIUM DUTY AND

COMPACT CONSTRUCTION EQUIPMENT WITH RELATED ATTACHMENTS, ACCESSORIES, AND SUPPLIES 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).

Exhibit 2 510 9

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.

F. EXPECTATIONS FOR EQUIPMENT/PRODUCTS 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 MEDIUM DUTY AND COMPACT CONSTRUCTION EQUIPMENT WITH RELATED ATTACHMENTS, ACCESSORIES, AND SUPPLIES 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 Exhibit 2 511 10

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.

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 Doposal or may limit the award to a subset of the pro �osal.

INSTRUCTIONS FOR PREPARING YOUR PROPOSAL
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. PROPOSER'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.

Exhibit 2 51211

4.8 All proposals must be properly labeled and sent to "Sourcewell, 202 12th Street NE Staples, MN 56479."

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 fowls 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 RFP

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.

Exhibit 2 51312

4.15 Submit all questions about this RFP, in writing, referencing MEDIUM DUTY AND COMPACT

CONSTRUCTION EQUIPMENT WITH RELATED ATTACHMENTS, ACCESSORIES, AND SUPPLIES to James Voelker at Sourcewell, 202 12th Street NE, Staples, MN 56479 or to [email protected]. You may also call James Voelker at 218-895-4191. 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 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-mngov (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 PROPOSAL

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.

PROPOSAL OPENING PROCEDURE

4.23 Sealed and properly identified responses for this RFP entitled MEDIUM DUTY AND COMPACT

CONSTRUCTION EQUIPMENT WITH RELATED ATTACHMENTS, ACCESSORIES, AND SUPPLIES 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 MEDIUM DUTY

AND COMPACT CONSTRUCTION EQUIPMENT WITH RELATED ATTACHMENTS, ACCESSORIES, AND SUPPLIES 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.

SOURCEWELL'S RIGHTS RESERVED
Exhibit 2 51413

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;

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.

OClNG
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 $50 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
Exhibit 2
51514

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 naive, 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.

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. HOT 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.

Exhibit 2 51615

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.

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 PRICE DISCOUNTS / ADDITIONAL QUANTITIES

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 teini. 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), Exhibit 2 51716

signed by an authorized Vendor representative. A11 changes are subject to review and approval by Sourcewell. Submit your requests through email to your assigned Contract Manager and to [email protected].

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 #) (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
Exhibit 2 51817

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 set forth herein, no party is responsible for taxes imposed on another party 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.
534 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.

EVALUATION OF PROPOSALS
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 Exhibit 2
51918

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.

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 RESPONSIVENESS

6.4 A11 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 deteiniine 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.

Exhibit 2 52019

C. PROPOSAL EVALUATION CRITERIA

6.8 Forms A and P include a series of questions that address the following categories:

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 Exhibit 2 52120

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.

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.

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 Exhibit 2 52221

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.

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

6.193 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
52322

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. An awarded 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- VII. 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.

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.]
I. 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.

Exhibit 2 52423

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.

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.

6.29.6 [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.

Exhibit 2
52524

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.

K. WAIVER OF FORMALITIES

6.39 Sourcewell reserves the right to waive minor formalities (or to accept minor irregularities) in any proposal, when it determines that considering the proposal may be in the best interest of its Members.

PSF-AWARD OPERA HNC ISSUES
A. SUBSEQUENT AGREEMENTS

7.1 Purchase Order. Purchase orders for products and services may be executed between Sourcewell Members and the awarded Vendor (or Vendor's sub -contractors) under this Contract. Sourcewell Members and Vendors must indicate on the face of such purchase orders that "This purchase order is issued under Sourcewell contract #XXXXXX" (insert the relevant contract number). Purchase order flow and procedure will be developed jointly 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 a competent jurisdiction with respect to the Member. (See also Section 8.5 of this RFP.) 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 Member.

7.3 Additional Terms and Conditions. Additional terms and conditions to a purchase order may be proposed by Sourcewell, Sourcewell Members, or Vendors. Acceptance of these additional terms and conditions is optional to all parties to the purchase order. One purpose of these additional terms and conditions is to address job- or industry -specific requirements of law such as 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 a "net 10" requirement. But the added terms and conditions must not be less favorable to the Member unless Sourcewell, the Member, and the Vendor agree to a Contract amendment or similar modification.

7.4 Specialized Service Requirements. In the event that the Sourcewell Member desires service requirements or specialized performance requirements (such as e -commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in the Contract resulting from this RFP, the Sourcewell Member and the Vendor may enter into a separate, standalone agreement, apart from a Contract resulting from this RFP. Any proposed service requirements or specialized performance requirements require pre -approval by the Vendor. Any separate agreement developed to address these specialized service or performance requirements is exclusively between the Sourcewell Member and Vendor. Sourcewell, its agents, and employees shall not be made a party to any claim for breach of such agreement. Product sourcing is not considered a service. Sourcewell 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 of the Member, a Vendor will provide all performance bonds typically and customarily required in their industry. These bonds will be issued pursuant to the Exhibit 2 52625

requirements of purchase orders for products and services. If a purchase order is cancelled for lack of a required performance bond by the member agency, Sourcewell recommends that the current pending purchase order be canceled. Each Member has the final decision on purchase order continuation. Any 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. SOURCEWELL 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 snake 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 52726

F. TRADE-INS

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 teiniination 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 infoiniation authorizes Sourcewell to immediately terminate the Contract.

Exhibit 2 52827

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 GENERAL TERMS AND CONDITIONS

8. ADVERTISING A CONTRACT RESULTING FROM THIS RFP

8.1 Proposer/Vendor 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 Unifonn 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
52928

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.gov) .

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 reject 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 deteiniined 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 infonn 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 53029

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 MAJEURE

8.18 Except for payments of sums due, neither party 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 party is unable to prevent by exercising reasonable diligence. The force majeure is deemed to commence when the party declaring force majeure notifies the other party 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 party 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 party of such delay within forty-eight (48) hours.

8.19 through 8.20 [These sections are intentionally blank.]

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.

L. PROTESTS OF AWARDS MADE
Exhibit 2 531 30

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 party's argument and supporting documentation;

8.25.8 The aggrieved party'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 party's statement of potential financial damages.

M, SUSPENSION OR DISBARMENT STATUS

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.

O. 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.

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 Exhibit 2 532 31

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 OR OTHER AWARDS; AIRPORT IMPROVEMENT PROGRAM PROVISIONS

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 teinn 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 tei►uiinate 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 1.1.246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance 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.

Exhibit 2
53332

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 supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into 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 Finns 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 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).

Exhibit 2 53433

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 1.352).

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.

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.

Exhibit 2
53534

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 FOIE S
[THE REST OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK.] Exhibit 2 53635

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 MEDIUM DUTY AND COMPACT CONSTRUCTION EQUIPMENT WITH RELATED ATTACHMENTS, ACCESSORIES, AND SUPPLIES 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 party? 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
53736

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 party), 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 53837

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 Tenns 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 53938

Form B

PROPOSER INFORMATION
Company Name:

Address:

City/State/Zip:

Phone:

Toll -Free Number:

Website Address:

Fax: _
E-mail:

Authorized signer for your organization
Name:

COMPANY PERSONNEL CONTACTS
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:

Email:

Title: _
Phone:

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

Email:

Other important contact information
Name:

Email:

Name:

Email:

Title: _
Phone:

Title: _
Phone:

Title: _
Phone:

Exhibit 2 54039

Form C

EXCEPTIONS TO PROPOSAL, TERMS, CONDITIONS,

AND SOLUTIONS REQUEST
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.

Sectionhage
Term, Condition, or
S Jecification
Exceltion
Sourcewell.

ACCEPTS
Proposer's Signature:

Date:

Sourcewell's clarification on exceptions listed above:

Exhibit 2
54140

FORM D
Contract Award
RFP #040319
Formal Offering of Proposal
(To be completed only by the Proposer)

MEDIUM DUTY AND COMPACT CONSTRUCTION EQUIPMENT WITH RELATED ATTACHMENTS,

ACCESSORIES, AND SUPPLIES
In compliance with the Request for Proposal (RFP) for MEDIUM DUTY AND COMPACT CONSTRUCTION EQUIPMENT WITH RELATED ATTACHMENTS, ACCESSORIES, AND SUPPLIES, 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 54241

FORM E

CONTRACTACCEPTANCEAND AWARD
SoLrce
(Top portion of thisform will be completed by Sourcewell if the vendorisawarded a contrcct. The vendorshouicl complete the vendor authorized signaturesaspart of the RFP response.) Sourcewell Contract #: 040319-XXX
Proposer'sfull legal name: 1BD
Based on Sourcewell'sevaluation 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. lhe effective date of the Contract will be MM DD, YYYY and will expire on MM DD, YYYY (no later than the later of four yearsfrom the expiration date of the currently awarded contract orfouryearsfrom the date that the Sourcewell Chief Procurement Officerawardsthe Contract). 1hisContract may be extended fora fifth year at Sourcewell'sdiscretion.

Sourcewell Authorized Sgnatures:

Jeremy Schwartz
SDURCEWELLDIRECTOROFCOO PERATIVECONTRACTS (NAME PRA a) OR TYPED)

AND PROCUREMENT C PO SIGNATURE
Chad Coauette
9DURCEWELLEXEC WIVE DIRECTORICEO SIGNATURE (NAME PRINILD OR TYPED) Awarded on MM DD, YYYY Sourcewell Contract # 040319-XXX Vendor Authorized Sgnatures:

The Vendor hereby acceptsthisContract award, including all accepted exceptionsand amendments.

Vendor Name
Authorized Sgnatory'sTitle
VENDORAUTHORI7Fn SIGNATURE (NAMEPRIN rED OR TYPED)
Executed on
, 20 Sourcewell Contract # 040319-XXX
Exhibit 2 54342

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.

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 54443

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 , 20
Notary Public in and for the County of State of
My commission expires:

Signature:

Exhibit 2 5444

Form G

OVERALL EVALUATION AND CRITERIA
For the Proposed Subject MEDIUM DUTY AND COMPACT CONSTRUCTION EQUIPMENT WITH

RELATED ATTACHMENTS, ACCESSORIES, AND SUPPLIES
Conformance to RFP Terms and Conditions
50 Financial Viability and Marketplace Success
75 Ability to Se11 and Deliver Service Nationwide
100
Marketing Plan
50 Value -Added Attributes
75 Warranty
50 Depth and Breadth of Offered Products and Related
Services
200
Pricing
400

TOTAL POINTS
1000
Reviewed by:

Its
Its
Exhibit 2 54645

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 54746

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.

Signature: Date:

Exhibit 2 5487

Check
when
Completed
Contents of Your Bid Proposal
Form A: Proposer Questionnaire with all
cuestions answered completely
Fonn B: Proposer Information
Form C: Exceptions to Proposal, Terms,
Conditions, and Solutions Rec uest
Hard Copy Required
Signed and Dated
X — si nature s a ' e onl
Electronic Copy
Required — Flash
Drive or CD
Form D: Formal Offering of Pro
losa
Form E: Contract Acceptance and Award
X
Form F: Proposers Assurance of Comlliance
Fonn P: Proposer Questionnaire with all
c
uestions answered completely
Certificate of Insurance with $1.5 million
coverage
Copy of all RFP Addendums issued by
Sourcewell
Pricing for all Products/Equipment/Services
within the RFP being pro?osed
Entire Proposal submittal including signed
documents and forms
All forms in the Hard Copy Required Signed
and Dated should be inserted in the front of
the submitted res Donse, unbound
Package containing your proposal labeled
and sealed with the following language:
"Competitive Proposal Enclosed, Hold for
Public Opening XX•XX X: XX"
Response Package mailed and delivered
prior to deadline to:

Sourcewell, 202 12`h St NE, PO Box 219
Staples, MN 56479
X — signature page only
Exhibit 2 54948

SOURCEWELL I. VENDOR PRICE AND PRODUCT CHANGE REQUEST
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 fonn 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 #) (effective pricing date); for example, "Acme Widget Company #012416-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 s Decific Vendor cost increases. The Vendor must include reasonable justification for the price increase and must not, or 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
AWARDED VENDOR NAME:

SOURCEWELL CONTRACT
NUMBER:

CHECK ALL CHANGES THAT APPLY:
❑ Adding
Products/Services
vices
❑ Deleting
Products/Services
❑ Price Increase
49 ❑ Price Decrease
Exhibit 2 550

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% discount from 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 pricing.
50 Exhibit 2
551

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 2 552

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. htt .1/wvvw.usa. rov/A rencies/Local Govern ent/Cities.shtml http://nces.ed.gov/globallocator/
https://www.census.uov/2010ce
h
susina
ners/ndf/FIPS StateCounty Code.od
ccs.urban.or /sites/all/nccs-archive/html//PubAnns/search.nh https://www.usa.gov/tribes#item-37647
http://www.usa.gov/Agencies/State-and-Territories.shtml Oregon
Hawaii
Washington
52 Exhibit 2 553

Appendix B - Political Subdivision List
for HI, ID, OR, SC, UT, WA
Hawaii
County
Hawaii County
Kauai County
Maul County
Municipality
City a. County of Honolulu
Higher Education
Haw Community College
Honolulu Community College
University of Hawaii
University of Hawaii Research Corporation
Windward Community College
Education lK-121
Hanalani Schools
Kamehameha Schools
Special [)istrict
Haw Lommuniry DeveloPmenj Authority
Hawaii Public Housing Authority
Hawaii Tourism Authority
Honolulu Authority for Rapid Transportation
Natural Energy Laboratory of Hawaii Authority
State
Hawaii Department ofAccounting and General Service
Hawaii Department of Finance and Administration
Hawaii Department of Health
Hawaii Employer -Union Health Benefits Trust Fund
Hawaii Health Systems Corporation
State Of Hawaiii
aa.

County
Arta County
Adams County
Bannock County
Bear Lake County
Benewah County
Bingham County
Blaine County
Boise County
Bonner County
Bonneville County
Boundary County
Butte County
Camas County
Canyon County
Caribou County
Cassia County
Clark County
Clearwater County
Custer County
Elmore County
Franklin County
Fremont County
Gem County
Gooding County
Idaho County
Jefferson County
Jerome County
Kootenai County
tah County
emhl County
Lewis County
Lincoln County
Madison County
Mlnitloka County
Nes Peron County
Oneida County
Owyhee County
Payette County
Power County
Shoshone County
Teton County
Twin Falls County
Valley County
Washington County
Municipality
City of Aberdeen
City of Albion
City ...moan Falls
City of Ammon
City of Arco
City of Arlmo
City of Ashton
City of Athol
City of Atomic City
City of Bancroft
City of Bellevue
City of Blackfoot
City of Bliss
City of Bloomington
City of Boise
City of Bonners Ferry
City of Bovlll
City of Buhl
City of Burley
City of Caldwell
City of Cambridge
City of Carey
City of Cascade
City of Castieford
City of Challis
City of Chubbuck
City of Clayton
City of Clifton
City of Coeur d'Alene
City of Council
City of Craigmont
City of Crouch
Oregon
County
Baker County
Benton County
Central Oregon Intergovernmental Council
Clackamas County
Clackamas County Service District No.1
Clatsop County
Columbia County
Coos County
Crook County
Curry County
Deschutes County
Douglas County
Gilliam County
Grant County
Harney County
Hood River County
Jackson County
Jefferson County
Josephine County
Klamath County
Lake County
Lane Council of Governments
Lane County
Lincoln County
Linn County
Malheur County
Marion County
Marlon County Housing Authority
Morrow County
Multnomah County
Polk County
Sherman County
Tillamook County
Umatilla County
Union County
Wallowa County
Masco County
Washington County
Wheeler County
ara. County
Municipality
City of Adair Village
City of Adrian
City of Albany
City of Amity
City of Arlington
City of Ashland
City of Astoria
City of Athena
City of Aumsvllle
City of Aurora
City of Baker City
City of Bandon
City of Banks
City of Bay City
City of Beaverton
City of Bend
City of Boardman
City of Brookings
City of Brownsville
City of Burns
City of Canby
City of Cannon Beach
City of Canyonville
City of Carlton
City of Cascade Locks
City of Caw Junction
City of Central Point
City of Chao..

City of Clatskanie
City of Coburg
City of Columbia City
City of Condon
City of Coos Bay
City of Coquille
City of Cornelius
City of Corvallis
South Carolina
County
Abbeville County
Aiken County
Allendale County
Anderson County
Bamberg County
Barnwell County
Beaufort County
Berkeley County
Calhoun County
Catawba Regional Council of Governments
Central Midlands Council of Governments
Charleston County
Cherokee County
Chester County
Chesterfield County
Clarendon County
Calleton County
Darlington County
Dillon County
Dorchester County
Edgefield County
Fairfield County
Florence County
Georgetown County
Greenville County
Greenwood County
Hampton County
orry County
Jasper County
Kershaw County
Lancaster County
Laurens County
Lee County
Lexington County
Lower Savannah Council of Governments
Marlon County
Marlboro County
McCormick County
Newberry County
Oconee County
Orangeburg County
Pickens County
Richland County
Saluda County
Spartanburg County
Sumter County
Union County
Williamsburg County
York County
Municipality
City of Abbeville
City of Aiken
City of Anderson
City of Barnwell
City of Beaufort
City of Belton
City of Bennettsville
City of Blshopvllle
City of Camden
City of Cayce
City of Charleston
City of Chesnee
City of Chester
City of Clemson
City of Clinton
City of Columbia
City of Conway
City of Darlington
City of Denmark
City of Dillon
City of Easley
City of Florence
City of Folly Beach
City of Forest Acres
City of Fountain Inn
City of Gaffney
City of Georgetown
Utah
County
Beaver County
Box Elder County
Cache County
Carbon County
Daggett County
Davis County
Duchesne County
Duchesne County Special Service District No.2
Emery County
Five County Association of Governments
Garfield County
Gra. County
on County
ab County
Kane County
Millard County
Morgan County
Pluto County
Rich County
Salt Lake County
San Juan County
Sanpete County
Sevier County
Summit County
Tooele County
ntah County
Utah County
Wasatch County
Washington County
Wayne County
Weber County
Municipalty
Centerfieltl City
City of Alpine City
City of American Fork
City of Aurora
City of Ballard
City of Beaver
City of Blanding
City of Bluffdale
City of Bountiful
City of Brigham
City of Castle Dale
City of Cedar City
City of Cedar Hills
City of Centerville
City of Clearfield
City of Clinton
City of Caaivllle
City of Colorado City
City of Corinne City
City of Cottonwood Heights
City of Delta
City of Draper
City of Duchesne
City of East Carbon
City of Elk Ridge
City of Elmo
City of Enoch
City of Enterprise
City of Ephraim
City of Escalante
City of Eureka
City of Fairview
City of Farmington
City of Farr West
City of Perron
City of Fillmore
City of Fountain Green
City of Fruit Heights
City of Garland
City of Grantsville
City of Green River
City of Gunnison
City of Harrisville
City of Heber City
City of Helper City
Washington
County
Adams County
Asotin County
Benton County
Chelan County
Clallam County
Clark County
Columbia County
Cowl. County
Douglas County
Ferry County
Franklin County
Garfield County
Grant County
Grays Harbor County
Island County
Jefferson County
King County
King County Directors' Association
Klfsap County
Kittitas County
Klickltnt County
Lewis County
Lincoln County
Mason County
Okanogan County
Pacific County
Pend Oreille County
Pierce County
San Juan County
Skagit County
Skamania County
Snohomish County
Spokane County
Stevens County
Thurston County
Thurston Regional Planning Council
Wahkiakum County
Walla Walla County
Whatcom County
Whitman County
Yakima County
Yakima County Public Services
Yakima Valley Conference of Governments
Municipality
City of Aberdeen
City of Airway Heights
City of Algona
City of Anacortes
City of Arlington
City of Asotin
City of Auburn
City of Bainbridge Isla.

City of Battle Ground
City of Bellevue
City of Bellingham
City of Benton City
City of Bingen
City of Black Diamond
City of Blaine
City of Bonney Lake
City of Bothell
City of Bremerton
City of Brewster
City of Bridgeport
City of Brier
City of Buckley
City of Burlen
City of Burlington
City of Lamas
City of Carnation
City of Cashmere
City of Castle Rack
City of Centralia
City of Chehalis
City of Chelan
City of Cheney
City of Chewelah
Exhibl ndixB 554
Page1 of 14

Hawaii
aa. Dragon
City of Culdesec Li Y of Cottage Grove
City of Dalton Gardens LILY ofCove
City of Dayton LltYof Creswell
City of Deary City of Culver
City of Dietrich
LILY of Dallas
City of Donnelly City of Damascus
City of Dover Llryof Dayton
City of Downey Liryof Da W Ille
City of Drlggs LISY of Depoe Bay
City of Dubois City of Detroit
City of Eagle City of Donald
City of Eden City of Drain
City of Elk River City of Dundee
City of Emmett City of Dunes City
City of Fairfield City of Durham
City of Fernan Lake Village City of Engle Point
City of Filer Llryof Ecbo
City of Firth LILY of Elgin
City of Franklin city of Enterprise
City of Fruitland City of Estacada
Cityof Garden City LISY of Eugene
City of Genesee City of Fairview
City of Georgetown City of Falls City
City of Gleans Ferry City of Florence
City of Gooding City of Forest Grove
City of Grace City of Fossil
Cityof Grand View City of Garibaldi
City of Grangavllle LILY of Gaston
City of Greenleaf City of Gates
City of Hagerman City of Gearhart
City of Halley City of Gervals
City of Hansen City of Gladstone
City of Harrison City of Glendale
City of Hayden City of Gold Beach
City of Hwelton City of Gold Hill
City of HeYburn City of Grants Pass
City of Hollister City of Greenhorn
City of Homedale City of Gresham
City of Hope City of Haines
City of Horseshoe Bend City of Halfway
City of Huetter LSryof Halsey
Cityof Idaho City city of Happy Valley
City of Idaho Falls LILY of Harrisburg
City of lnkom LILY of Helix
Cityof Island Park city of Heppner
City oflerome City of Hermiston
City oflullaetta City of Hillsboro
City of Kamaah City of Hines
City of Kellogg City of Hood River
City of Kendrick City of Hubbard
City of Ketchum City of Hunting.,
City of Kimberly City of gaga
City of Kooskia City of Imbler
City of Kuna city of lntlependence
City of Lapwal City of lrrlgon
City of Lava Hot Springs LILY of Island City
City of Lewiston City of Jacksonville
City of Mackay Llryofleffarson
City of Malad City
LILY of John Day
City of Marsing LILY of Johnson City
City of McCall city of Joseph
City of MCCammon City of Junction City
City of Melba LILY of Keifer
City of Menan co of King CO
City of Meridian City of Klamath Falls
City of Middleton City of La Grande
City of Midvale City of La Pine
City of Moscow LILY of Lafayette
City of Mountain Home City of Lake Oswego
City of Mullen LILY of Lakeside
City of Murtaugh City of Lebanon
City of Nampa LILY of Lincoln City
City of New Meadows City of lonerock
City of New Plymouth LILY of Lortlne
City of Newdale LILY of Lowell
City of Neger CitY of Lyons
City of Notus City of Madras
City of Orofino City of Malin
City of Osburn City of Manzanll'a
City of Parker LILYof Maupin
City of Parma LILY of McMinnville
City of Paul LILY of Medford
City of Payette City of Metnllus
City of Pierce city of Mill City
City of Pinehurst City of Millersburg
City of Plummer LILY of Mlitomfreewater
City of Pocatello LILY of Mliwnukle
City of Ponder City of Molalla
City of Post Falls LILY of Monmouth
City of Potlatch LILY of Monroe
City of Preston City of Monument
City of Priest River LltYof Moro
City of Rathdrum City of Moller
City of Reuben LILY of M[. Angel
South Carolina Utah Washington
City of Goose Creek 'CIof Harriman City of Clarkston
City of Greenville Litt of Highland City of Lle Elum
City of Greenwood City of Hlltlale City of Clyde Hill
City of Greer City of Holladay City of Colfax
City of Hanahan City of Honeyvllle City of College Place City of Hardeevllle LISY of Hooper City of Colville
City of Hartsville City of Huntington City of Connell
City of Inman City of Hurricane City of Losmopolls
City of Isle of Palms CILV of Hyda Park City of Covington City oflohnsonville LitYof Hyrum City of Davenport
City of Lake City LISY of lvins City of Dayton
City of Lancaster City of Kamas City of Deer Park
City of Landrum City of Kanab City of Des Moines
City of Laurens City of Kaysvllle City of DuPont
City of Liberty City of La Veil. City of Duvall
City of Loris City of Layton City of East Wenatchee
City of Manning City of Lehi City of Etlgewootl
City of Marlon LILY of Lewiston City of Edmonds
City of Mauldin LILY of nation City Electric City
City of Mullins City of Logan City of Ellensburg
City of Myrtle Beach City of Mantl City of Edna
City of New Ellenton LISY of Mapleton City of Entlat
City of Newberry City of Marrlo[t5latervllle City of Enumclaw City of North Augusta LISY of Mendon City of Ephrata
City of North Charleston LISY of Midvale City of Everett City of North Myrtle Beach LISY of Midway City of Everson City of Orangeburg City of Milford
City of Federal Way
City of Pickens City of Mllivllle City of Ferndale
City of Rock Hill LISY of Moab City of Fife
City of Seneca City of Mona City of Flraes[
City of Simpsonville LISY of Monroe City of Forks
City of Spartanburg City of Monticello
City of George
City of Sumter City of Morgan City of Gig Harbor
City of Tega CaY City of Moroni City of Gold Bar
City of Travelers Res[ City of M[. Pleasant City City of Goltlentlale City of Union City of Murray City of Grand Coulee
City of Walhalla City of Myton City of Grandview
City of Walterboro Llty of Naples City of Granger
City of Wellfortl City of Nephl City of Granite Falls
City of West Columbia City of Nl6leY City of Harrington City of Westminster City of North Logan City of Hoqulam City of Woodruff City of North Ogden City of ilwaco
City of York City of North Salt Lake City of Issaquah
Town of Allendale LISY of Oakley City of Kahlotus
Town of Andrews LILY of Ogden City of Kalama
Town of Atlantic Beach LISY of Orangeville City of Kelso Town of Awendaw City of Orem City of Kenmore
Town of Aynor City of Pangultch City of Kennewick
Town of Batesburg Leesville City of Park City
of Kent
Town of Bethune City of Parowan City of Kettle Falls
Town of Blacksburg LISY of Payson City of Kirkland
Town of Blackvllle LISY of Parry City of Klttl[as
Town of Blenheim City of Plain City City of La Center
Town of Bluffton City of Pleasant Grove City of Lacey
Town of Blythewood City of Pleasant View
City of Lake Forest Park
Town of Bowman City of Price
City of Lake Stevens
Town of Branchville LISY of Providence City of Lakewood Town of Brlarcllffe Acres LISY of Prow City of Langley
Town of Brunson City of Richfield City of Leavenworth
Town of Calhoun Falls City of Rlchmontl City of Liberty Lake Town of Cameron City of River Heights City of Long Beach Town of Campobello Llty of Riverdale City of Longview
Town of Central City of Riverton City of Lyntlen
Town of Chapin City of Roosevelt City of Lynnwood
Town of Cheraw City of Roy City of Mabton
Town of Chesterfield City of Salem City of Maple Valley Town of Clio City of Salina City of Marysville
Town of Clover City of Salt Lake LILY City of Mat[awa
Town of Cottagevllle LILYof Sandy City of McCleary
Town of Coward City of Santa Clara City of Medical Lake Town of Cowpens City of Santaquln City of Medina
Town of Denmark City of Saratoga Springs City of Mercer Island Town of Donalds City of Smithfield City City of Mesa
Town of Due Wes[ City of South Jordan City of MITI Creek Town of Duncan City of South Ogden City of Milton
Town of Eastover City of South Salt Lake City City of Monroe Town of Edgefield City of South Weber City of Montesano Town of Edisto Beach City of Spanish Fork City of Morton Town of Ehrhardt City of Spring City City of Moses Lake Town of Elgin City of Springville City of MossYrock
Town of Elloree City of SL George City of Mountlake Terrace Town of Estill LILY of SunnYslde City of Moxee
Town of Eutawvllle City of Sunset City of Mt Vernon
Town of Fairfax LISY of Syracuse City of Mukllteo
Town of Ft. Mill City of TaYlorsvllle City of Napavine
Town of Furman LILY of Tooele City of Newcastle
Town of Garton City of ioquervllle City of Newport
Town of Gifford City of iremon[on City of Nooksack
Town of Gilbert LILY of Tropic City of Normandy Park
Town of Govan LILY of Ulntah City of North Bend
Town of Gray Court LILY of Vernal City of North Bonneville Town of Great Falls LILY of Washington City of Oak Harbor Town of GreeleWllle City of Washington Terrace City of Oakville Town of Hampton City of Wellington City of Ocean Shores Exhibjt,,„d,, B
555

Hawaii
aa.

City of Rexburg
City of Richfield
City of Rigby
City of Higgins
City of Ririe
City of Roberts
City of Rockland
City of Rupert
City of Salmon
City of Sandpoint
City of Shelley
City of Shoshone
City of Smeitervilie
City of Soda Springs
City of Spirit Lake
City of St. Anthony
City of St. Charles
City of Stanley
City of Star
City of Stites
City of Sugar City
City of Sun Valley
City of Tensed
City of Tetonla
City of Troy
City of Twin Falls
City of Ucon
City of Victor
City of Wallace
City of weippe
City of Weiser
City of Wendell
City of Weston
City of White Bird
City of Wilder
City of Winchester
Higher Etlucation
Bofs 5 eUn versty
College of Southern Idaho
College of Western Idaho
Eastern Idaho Technical College
Idaho Division of Professional Technical Education
Idaho State University
LewlsClark State College
Norm Idaho College
University of Idaho
Education (K-12)
Aberdeen School District No. 58
Arbon Elementary School District No. 383
Avery...I District
Basin School District No. 22
Bear Lake County School District No. 33
Bear Lake School District No. 33
Blackfoot School District No. 55
Blaine County School District No.01
Bliss Joint School District Na.234
Bonneville Joint School District Na.93
Boundary County School District No. 101
BruneauGrand View Joint School District
Buhl Joint School District Na.412
Butte County Joint School District No. 111
Caldwell School District N0. 132
Camas County School District No. 121
Cambridge School District
Cascade School District No.422
Cassia County Joint School District No. 151
Castleford Joint School District N0.417
Challis Joint School District N0. 181
Clark County School District No..I
Coeur d'Alene School District No.271
Cottonwood Joint School District N0.242
Council School District No. 13
Culdesac Joint School District No. 342
Dietrich School District No. 314
Emmett Independent School District No. 221
Filer School District No.413
Firth School Dlstrici No.59
Fremont County School District No. 215
Fruitland School District No.3Z3
Garden Valley School District
Genesee Joint School District No. 282
Glens Ferry Joint School District No. 192
Gooding Joint School District No. 231
Grace Joint School District No. 148
Hagerman Joint School District No.233
Hansen School District No. 415
Highland Joint School District No.305
Homedale School District No.3Z0
Horseshoe Bend School District No.73
Idaho Falls School District No.91
Independent School District of Boise City
Jefferson County School District No. 251
Jerome Joint School District No.281
Joint School District No.2
Oregon
City ofMt. Vernon
City of Myrtle Creek
City of Myrtle Point
City of Nehalem
City of Newberg
City of Newport
City of North Bend
City of North Plains
City of North Powder
City of Nyssa
City of Oakland
City of Oakridge
City of Ontario
City of Oregon City
City of Paisley
City of Pendleton
City of Phllomath
City of Phoenix
City of Pilot Rock
City of Port Orford
City of Portland
City of Powers
City of Prairie City
City of Prineville
City of Rainier
City of Redmond
City of Reedsport
City of Richland
City of Riddle
City of Rockaway Beach
City of Rogue River
City of Roseburg
City of Rufus
City of Salem
City of Sandy
City of Scappoose
City of QM
City of Scotts Mills
City of Seaside
City of Seneca
City of Shady Cove
City of Sheridan
City of Sherwood
City of Slletz
City of Sllverton
City of Sisters
City of Sodavllle
City of Spray
City of Springfield
City of St Helens
City of St. Paul
City of Stanfield
City of Slayton
City of Sublimity
City of Sumpter
City of Sutheriin
City of Sweet Home
City of Talent
City of Tangent
City of The Danes
City of Tigard
City of Tillamook
City of Toledo
City of Troutdale
City of Tualatin
City of Turner
City of Ukiah
City of Umatilla
City of Union
City of Unity
City of Vale
City of Veneta
City of Vernania
City of Waldport
City of Wallowa
City of Warrenton
City of Warm
City of West Linn
City of Westflr
City of Weston
City of Wheeler
City of Wlllamina
City of Wilsonville
City of Winston
City of Wood Village
City of Woodburn
City of Yachats
City of Yamhlll
City of Yoncalla
Town of Bonanza
Town of Butte Falls
Town of Canyon City
Town of Lakeview
Town of Lexington
South Carolina Utah Washington
Town of Harleyville City of Wellsville City of Okanogan Town of Heath Springs City of Wendover City of Olympia
Town of Hemingway City of West Bountiful City of Omak
Town of Hilda City of West Haven City City of Oroville
Town of Hilton Head Island City of West Jordan City of Orting Town of Hodges City of West Point City of Othello
Town of Holly Hill City of West Valley City City of Pacific Town of Hollywood City of Willard City of Palouse
Town of Honed Path City of Woodland Hills City of Pasco Town of Irmo City of Woods Cross City of Pateros
Town of Iva Town of Alta City of Pomeroy
Town of Jackson Town of Altamont City of Port Angeles
Town of James Island Town of Alton City of Port Orchard Town oflamestown Town of Amalga City of Port Townsend
Town of Jefferson Town of Annabelle City of Poulsbo
Town of lenklnsvllle Town of Antimony City of Prosser
Town of Johnston Town of Apple Valley City of Pullman
Town oflonesvllle Town of Ballard City of Puyallup
Town of Kershaw Town of Bear River City City of Quincy
Town of Klawah Island Town of Bicknell City of Rainier
Town of Kingstree Town of Big Water City of Raymond
Town of Lake View Town of Boulder City of Redmond
Town of Lamar South Carolina Town of Brian Head City of Renton Town of Lane Town of Bryce Canyon City City of Republic Town of Latta Town of Cannonvllle City of Richland
Town of Lexington Town of Castle Valley City of Ridgefield Town of Lincolnvllle Town of Cedar Fort City of Rlt'wilie Town of Little Mountain Town of Centerfleld City of Rock Island Town of Lockhart Town of Central Valley City of Roslyn
Town of Lyman Town of Circleville City of Roy
Town of Lynchburg Town of Clarkston City of Royal City
Town of Mayesvllle Town of Clawson City of Sammamish
Town of McBee Town of Cleveland City of SeaTac
Town of MCClellanvllle Town of Cornish City of Seattle
Town of McColl Town of Daniel City of Sedro-Woolley
Town of McCormick Town of DeweW Ille City of Selah
Town of Meggett Town of Eagle Mountain City of Sequlm
Town of Moncks Corner Town of Elmo City of Shelton
Town of Mt. Pleasant Town of Elsinore City of Shoreline Town of Neeses Town of Elwood City of Snohomish
Town of New Ellenton Town of Emery City of5noqualmle
Town of Nichols Town of Fairfield City of Soap take
Town of Ninety Six Town of Francis City of South Bend
Town of Norris Town of Garden City City of Spokane
Town of North Town of Genola City of Spokane Valley
Town of Norway Town of Glendale City of Sprague
Town of Olanta Town of Glenwood City of Stanwood
Town of Pacolet Town of Goshen City of Stevenson
Town of Pageland Town of Hanksvllle City of Sultan
Town of Pampllco Town of Hatch City of Sumas
Town of Patrick Town of Henefer City of Sumner
Town of Pawleys Island Town of Henrievllle City of Sunnyslde Town of Pellon Town of Hideout City of Tacoma
Town of Pelzer Town of Hinckley City of Tekaa
Town of Pendleton Town of Holden City of Tenlno
Town of Perry Town of Howell City of Tleton
Town of Port Royal Town of Huntsville City of Toledo
Town of Prosperity Town of Joseph City of Tonasket
Town of Ravenel Town of Junction City of Toppenlsh
Town of Reldville Town of Kanarravllle City of Tukwila
Town of Ridge Spring Town of Kanosh City of Tumwater
Town of Rldgeland Town of Kingston City of Union Gap
Town of Ridgeville Town of Koosharem City of University Place Town of Ridgeway Town of Leeds City of trader
Town of Saint Matthews Town of Levan City of Vancouver
Town of Saint Stephen Town of Loa City of Waltsburg
Town of Salem Town of Manila City of Walla Walla
Town of Salley Town of Mantua City of Wapato
Town of Saluda Town of Marysvale City of Warden
Town of Santee Town of Meadow City of Washougal
Town of Scranton Town of Millersville City of Wenatchee Town of Seabrook Island Town of New Harmony City of West Richland Town of Sellers Town of Newton City of Westport
Town of Sharon Town of Ophlr City of White Salmon
Town of Six Mlle Town of Ordervllle City of Wlnlock
Town of Snelling Town of Paradise City of Woodinville
Town of Society Hill Town of Paragonah City of Woodland Town of South Congaree Town of Portage Utah City of Yakima/Yakima County Town of Springdale Town of Randolph City of',elm
Town of St. George Town of Redmond City of Zillah
Town of St. Matthews Town of Rockville Consolidated Borough of Qull Ceda Village Town of Stuckey Town of Rocky Ridge Grays Harbor Council of Governments Town of SUllivans island Town of Rush Valley Town of Almlra Town of5ummerton Town of Scipio Town of Beaux Arts Village Town of Summerville Town of Scofield Town of Bumda
Town of Summit Town of Sigurd Town of Carbonado
Town of5urfside Beach Town of Springdale Town of Cathlamet Town of Swansea Town of Stockton Town of Clyde Hill
Town of Tlmmonsvllle Town of Toquervllle Town of Colton Town of Trenton Town of Torrey Town of Conconully
Town of Turbeviile Town of Trenton Town of Concrete
Town of Ulmer Town of Tropic Town of Coulee City
Town of Varnville Town of Ulntah Town of Coulee Dam
Town of Wegener Town of Vernon Town of Coupevllle
Exhibit, r,dix B
556

Hawaii
aaho
Kam ah School District No 304
Kellogg Joint School District 391
Kendrick Joint School District No. 283
Kimberlyxhool District No. 414
Kootenai District No. 274
Kuna Joint School District No. 3
Lake Pend Oreille School District No. 84
Lakeland School District No. 272
lapwal School District No. 341
Lewiston Independent School District No.1
Mackay School District No. 182
Madison School District No. 321
Marsh Valley Joint School District No. 21
Marsing Joint School District No. 363
McCall -Donnelly Joint School District No. 421
Meadows Valley School District No. 11
Melba School District No. 136
Middleton Scheel District No. 134
Midvale School District No. 433
Mlnldeka County School District No. 331
Moscow School District No. 281
Mountain Home School District No. 193
Mountain View School District No. 244
Mullen School District 392
Murtaugh Joint School District No. 418
Nampa Christian Schools Inc.

Nampa School District No. 131
New Plymouth School District
Nes Perce Joint School District No. 302
North Gem School District No. 149
Notes School District
Oneida County School District No. 351
Orofinolo nt School District No.171
Parma School District No. 137
Payette School District No. 371
Plummer -Worley Joint School District No..

Pocatello-Chubbuck School District No. 25
Post Falls School District No. 273
Potlatch School District No. 285
Preston Joint School District No. 201
Richfield School District No. 318
Ririe Joint School District No. 252
Rockland School District No. 382
Salmon River Joint School District No. 243
Salmon School District No. 291
Shelley School District N0. 60
Shoshone Joint School District No. 312
Snake River School District
Soda Springs Joint School District No. 150
South Lemht School District N0. 292
St. Manes Joint School District No. 41
Sugar -Salem Joint District No. 322
Swan Valley Elementary School District N0.33
Swan Valley School District N0.92
Teton County School District No..1
Three Creek Joint School District No.410
Troy School District No. 287
Twin Falls School District No. 411
Valley School District No. 262
Van'vue School District N0.139
Vision Charter School District ft 403
Wallace School District No. 393
Weiser School District No. 431
Wendell School District No. 232
West Bonner County School District No. 83
West School District No. 253
West Side School District No. 202
Whltepine Joint School District No. 288
Wilder School District No. 133
Special' ct
Atla Counstry Emergenry Medical Services District
Ada County Highway District
Adams County Recreation District
Ahsahka Water and Sewer District
Albion Highway District
Alpine Meadows Water and Sewer District
American Falls Free Library District
American Falls Housing Authority
Atlanta Highway District
Avery Water and Sewer District
Avondale Irrigation District
BaWlew Water and Sewer District
Bear Lake County Library District
Bench Sewer District
Benewah County Gee Library District
Big Canyon Fire District
Blaine County Housing Authority
Blaine County Recreation District
Bliss Pre District
Boise Basin Library District
Boise CItY.da County Housing Authority
Boise -Kung Irrigation District
Bonneville County Fire District No.1
Bruneau Valley District Library
Dighreg
H er Educa[an
Blue Mountain Community College
Central Oregon Community College
Chemeketa Community College
Clackamas Community College
Clatsop Community College
Columbia Gorge Community College
Eastern Oregon University
Klamath Community College District
Lane Community College
nn -Benton Community College
so ,o na
TowuthCn ofrWard
Town of Ware Shoals
Town of West Peher
Town of West Union
Town of Whitmire
Town of Wlllamston
Town of Williston
Town of Winnsboro
Town of Yemassee
Higher Education
Aiken Technical College
Mt. Hood Community College Beaufort Jasper Higher Education Commission Oregon Coast Community College Central Carolina Technical College Oregon Department of Community Colleges and Workforce Development Clemson University Oregon Health and Science University
Oregon Institute of Technology
Oregon State University
Oregon State University, Oregon Agricultural Experiment Station Oregon University System
Po... Community College
Portland State University
Reed College
Rogue Community College
Southern Oregon University
Southern Oregon University tY Family Housing
Southwestern Oregon Community College
Tillamook Bay Community College
Treasure Valley Community College
Umpqua Community College
University of Oregon
Western Oregon University
Education (K-12)
Adel ShoolOstrct 21
Adrian School District
Alsea School District No..

Amity School District4J
Annex School District 29
Arlington School District N0.3
Areck School District No. 81
Ashland School District N0.5
Ashweod School District
Astoria School District No. IC
Athena Weston School District No. 29R1
Baker School District No. 51
Bandon school District
Banks School District No. 13
Beaverton School District No. 48
Bend,ta Pine Public Schools
Bethel School District No. 52
Blacbly School District
Blachly School District 90
Brookings Harbor School District
Camas Valley School District
Canby School District No. 86
Cascade School District Ne.5
Centennial School District No. 281
Central Curry School District No.1
Central Linn School District
Central Point School District No. B
Central School District No. 131
Clackamas Education Service District
Clatskanie School District No. fit
Colton School District No. 53
Columbia Gorge Education Service District
Condon School District No. 251
Coos Bay Scheel District No.9
Coquille School District No. 8
Corbett School District No..

Corvallis School District No. 5091
Cove School District No. 15
Crane Elementary School District
Creswell School District No..

Crook County School District
Crow-ApplegateLorane School District No. fib
Culver School District No.4
Dallas School District No. 2
David Douglas Scheel District No. 40
Dayton School District No. 8
Dayville School District N0.161
Douglas County School District
Douglas County School District No.4
Douglas Education Service District
...School District No. 29
Eagle Point School District No.9
Echo School District No.5
Elgin School District
Elkton School District N0.34
Enterprise School District No. 21
Estacada School District No.108
Eugene School District Ne. 41
Falls City School District
Fern Ridge School District N0.281
Forest Grove School District
Fossil School District 211
Coastal Carolina University
College of Charleston
Denmark Technical College
FlorenceDarlington Technical College
Francis Marlon University
Greenville Technical College
erry-Georgetown Technical College
Lander University
Medical University of South Carolina
Midlands Technical College
Northeastern Technical College
Orangeburg,Calhoun Technical College
Piedmont Technical College
South Carolina State Board for Technical and Comprehensive Education South Carolina State University
South Carolina Technical College System
Spartanburg Community College
Technical College of the Lowcountry
The Citadel
Trl-County Technical College
Trident Technical College
University of South Carolina
University of South Carolina, Aiken
University of South Carolina, Upstate
Williamsburg Technical College
Winthrop University
York Technical College
Education (K-12)
Abbeville County School District
Aiken County Public Schools
Allendale County School District
Anderson County School Districts 1 and 2 Career and Technology Center Anderson School District No.1
Anderson School District No. 2
Anderson School District No. 3
Anderson School District No.4
Anderson School District No. 5
Bamberg School District No.1
Bamberg School District No.2
Barnwell School District No. 45
Beaufort Counyxheol District
Berkeley County School District
Blackvllle-Hilda Public Schools
Calhoun County School District
Charleston County School District
Cherokee County School District
Chester County School District
Chesterfield County School District
Clarendon County School District No. l
Clarendon County School District No. 2
Clarendon County School District No. 3
Clover School District No. 2
Colleton County School District
Darlington County School District
Delta R -V School District
Dillon County School District No. l
Dillon County School District No. 2
Dillon County School District No. 3
Dillon County School District No.4
Diocese Of Charleston Schools
Dorchester School District No. 2
Dorchester School District No.4
Edgefield County Schools
Fairfield County School District
Florence Counyxheol District No.1
Florence Counyxheol District No.2
Florence County School District No.3
Florence County School District No.4
Florence Counyxheol District No. S
Ft. MITI School District No. 4
Georgetown County .heel District
Greenville County .noel District
Greenwood .noel District No. 50
Greenwood .noel District No. 52
Hampton Countyxheol District No.2
Hampton .heel District No.1
Horry County Schools
Jasper County School District
John de la Howe School District
Kershaw County School District
''oh
Twn of Vineyard
Town of Virgin
Town of Wales
Town of Wellsburg
ntah Basin Association of Governments
Higher Ed
Colleg of Eastern Utah
Davis Applied Technology College
Dixie Applied Technology College
Dixie State University
Mountalnland Applied Technology College
Rocky Mountain University of Health Professions
Salt Lake Community College
Snow College
Southern Utah University
Tooele Applied Technology College
ntah Basin Applied Technology College
University of Utah
University of Utah Hospitals and Clinics
Utah State University
Utah System of Higher Education
Utah Valley University
Weber State University
Education (K-12)
Alpine School District
Beaver County School District
Box Elder School District
Cache County School District
Canyons School District
Carbon School District
Centro De La Familia De Utah Head Start Program School District Daggett School District
Davis School District
Duciresne County School District
Emery County School District
Freedom Preparatory Academy School District
Garfield County School District
Grand County School District
Grannie School District
on County School District
Jordan School District
Juab School District
Kane County School District
Logan City School District
Millard School District
Morgan school District
Mountalnland Head Start Program School District Office
Murray City Scheel District
Nebo School District
North Sanpete County School District
North Sanpete School District
North Summit School District
Ogden City School District
Park City School District
Pluto County School District
Prove City School District
Rich County School District
Rich School District
Rural Utah Child Development Head Start Program School District Office Higher Education Salt Lake City School District Bates Technical College
San Juan School District Bellevue Community College
Sevier School District Bellingham Technical College
South Sanpete School District Big Bend Community College South Summit School District Cascadla Community College Suu Head Start Program School District Central Washington University Thomas Edison Charter Schools Centralia College
Tintic School District Clark College
Tooele County School District Clover Park Technical College ntah School District Columbia Basin Community College
Wasatch County School District Community Colleges of Spokane Washington County School District Eastern Washington University Wayne County School District Edmonds Community College
Weber School District Everett Community College
Special District Evergreen State College
Ash Creek Special Service District Grays Harbor College Ashley Valley Water and Sewer Improvement District Green River Community College Ballard Water and Sewer Improvement District Hlghllne Community College Bear Lake Special Service District Lake Washington Institute of Technology Bear River Water Conservancy District Lower Columbia College Benchland Water District Northwest Indian College
Benson Culinary Water Improvement District Olympic College Bona Vista Water Improvement District Peninsula College Cache Mosquito Abatement District Pierce College
Cache Valley Transit District Renton Technical College
Canyonlands Health Care Special Service District Seattle Community Colleges District VI Carton County Housing Authority Shoreline Community College Carbon County Municipal Building Authority Skagit Valley College Carbon County Recreation Transportation Special Service District South Puget Sound Community College Carbon Water Conservancy District Tacoma Community College Castle Valley Special Service District University of Washington Cedar City Housing Authority Walla Walla Community College Cedar Mountain Pre Protection District Washington State Beard for Community and Technical Colleges Cedarvlew-Moniwell Special Service District Washington State Higher Education Facilities Authority Central Davis County Sewer District Washington State Student Achievement Council Washington
Town of Creston
Town of Cusick
Town of Darrington
Town of Eatonville
Town of Elmer City
Town of Endicott
Town of Fairfield
Town of Farmington
Town of Friday Harbor
Town of Garfield
Town of Hamilton
Town of Harrah
Town of Hatton
Town of Hunts Point
Town of Index
Town of lone
Town of M Conner
Town of LaCrosse
Town of Lamont
Town of Latch
Town of Lind
Town of Lyman
Town of Malden
Town of Mansfield
Town of Marcus
Town of Metaline
Town of Millwood
Town of Nachos
Town of Nespelem
Town of Northport
Town of Oakesdale
Town of Odessa
Town of Pe Ell
Town of Prescott
Town of Reardon
Town of Riverside
Town of Rockford
Town of Rosalla
Town of Ruston
Town of5kykomish
Town of South Cle Elum
Town of South Prairie
Town of Spangle
Town of Springdale
Town of St. John
Town of Stellacoom
Town of Twisp
Town of Uniontown
Town of Washtocna
Town of Waterville
Town of Waverly
Town of Wilbur
Town of Wilkeson
Town of Wilson Creek
Town of Winthrop
Town of Weodway
Town of Yacolt
Town of Yarrow Point
Exhibilp r,dixB
557

Hawaii
riche
Bruneau Water andSewer District
Buhl Highway District
Buhl Rural Fire Protection District
Burley Highway District
Caldwell Housing Authority
Canyon Highway District No.4
Cascade Rural Fire District
Castlefom Rural Fire District
Central Fire District
Central Orchards Sewer District
Central Shoshone County Water District
Clark County District Library
Clarkla Free Library District
Clarkla Highway District
Clearwater Free Library District
Clearwater Highway District
Clearwater Sou and Water Conservation District
Clearwater Water District
Consolidated Free Library District
Cottonwood Highway District
Custer Soil and Water Conservation District
Dietrich Fire District
Dietrich Highway District
Doumecq Highway District
Downey Swan Lake Highway District
Dry Creek Cemetery Maintenance District
Eagle Fire Protection District
Eagle Sewer District
East Bonner County Free Library District
East Bonner County Library District
East Greenacres Irrigation District
Eastern Idaho Public Health District
Eastern Idaho Regional Wastewater Authority
Elk River Free Library District
Elmore Sall and Water Conservation District
Fenn Highway District
Ferdinand Highway District
Fish Haven Mosquito Abatement District
Fremont County District Library
Friedman Memorial Airport Authority
Garden Valley District Library
Garden Valley Fire Protection District
Garden Valley Recreation District
Gateway Fire Protection District
Gem County Fire Protection District
Gem County Mosquito Abatement District
Glens Ferry Highway District
Golden Gate Highway District No. 3
Gooding County Memorial Hospital District
Grace District Library
Grangeville Highway District
Granite Reeder Water and Sewer District
Greater Boise Auditorium District
Greater Middleton Parks and Recreation District
Greater Swan Valley Fire Protection District No. 2
Groveland Water and Sewer District
Harbor View Estates Water and Sewer District
Hayden Lake Irrigation District
Hayden Lake Recreational Water and Sewer District
Hillsdale Highway District
Homedale Highway District
Hoo Doo Water and Sewer District
Horseshoe Bend Fire Protection District
Idaho Soil and Water Conservation District
Indian Valley Rural Fire District
Iona -Bonneville Sewer District
Island Park Fire District
Jerome Highway District
Jerome Recreation District
Jerome Rural Fire District No.1
amlah Fire Protection District
amlah Highway District
Ketchum Rural Fire Protection District
Kidder Harris Highway District
Kingston Water District
Kootenai County Water District No.1
Kootenai Ponderay Sewer District
o naiAhoshone Soil and Water Conservation District
Kuna District
Laclede Water District
Lakes Highway District
arch County Library District
arch Soil and Water Conservation District
emhl Soil and Water Conservation District
Lewiston Orchards Irrigation District
Lewiston-Nez Perce County Regional Airport Authority
Lincoln County Recreation District
Little Blacktop Ranch Water District
Little Wood River Library District
Lizard Butte Library District
Lost River Highway District
M&T Water and Sewer District
Mackay Free Library District
Madison Library District
Oreg
Ga School D ' t 5111
Gervais School District
Gladstone School District
Glendale School District No. J>
Glide School District
Grant County Education Service District
Grant School District No. 3
Grants Pass School District No,
Greater Albany Public School District 81
Gresham -Barlow School District
Harney County School District No. 3
Harney Education Service District
Harper School District No. 60
Harrisburg School District No,
Helix School District No. AR
Hermiston School District
High Desert Education Service District
Hillsboro School District No. 11
Hood River County School District
Huntington School District Na. 1.
mbler School District No. 11
nterMountaln Education Service District
one School District R2
Jackson County School District No.9
Jackson Education Service District
Jefferson County School District No.5094
Jefferson School District
Jewell School District No.B
John Day School District No. 3
Jordan Valley School District No. 3
Joseph School District No. B
Junction City School District No.09
Klamath County School District
Klamath Falls City Schools
Knappa School District
La Grande School District No.1
Lake county School District No. >
Lake Ed Service District
Lake Oswego School District No. JJ
Lakeview School District No,
Lane Education Service District
Lebanon Community School District No 9
Lincoln county School District
nn8entonLincoln Education Service District
Long Creek School District No. 1>
Dwell School District No. 71
Mapleton School District No. 32
Marcelo School District No. 791
McKenzie School District
McMinnville School District No..

Medford School District No. 5490
Mllton£reewater School District No. >
Mitchell School District No. 55
Molalla River School District
Monument School District
Morrow County School District
Mt. Angel School District
Multnomah Education Service District Consortium
Myrtle Point School District
NeahKahNie School District No. 56
Nestucca Valley School District No. 101
New Hope Christian Schools
Newberg School District No. 291
North Be. School District No. 13
North Central Education Service District
North Clackamas School District No. 12
North Douglas School District No. 22
North Lake School District
North Marlon School District No. 15
North Santlam School District No. 29
North Wasco County School District No. 21
Northwest Regional Education Service District
Nyssa School District No. 20
Oakland School District
Oakrldge School District No. 76
Ontario School District No. 8C
Oregon City School District No. 02
Oregon Tall School District No. 46
Paisley School District No. 11
Parkrose School District No.3
Pendleton School District Na. 16
Perrydale School District No. 2.

Phllomath School District No. 121
Phoenix -Talent School District
Pilot Rock School District No.2
Pine Eagle School District No. 01
Plnenurst School District
Pleasant Hill School District
Plush School District 18
Port Orford-Janglois School District No. 2C1
Portland Public School District No. l
Powers School District No. 31
Prairie City School District No.4
Prospect School District
South Carolina
Lancaster County Sch l Dist ct
Laurens County School District No 55
Laurens County School District No. 56
Lee County School District
Legacy Charter Schools
Lexington County School District No.1
Lexington County School District No. 2
Lexington county School District No. 3
Lexington County School District No.4
Lexington -Richland Counties School District No. 5
Marlon County School District
Marlon County School District No. >
Marlboro County School District
McCormick County School District
Newberry County School District
Oconee County School District
Orangeburg Consolidated School District Four
Orangeburg County Consolidated School District No.3
Orangeburg County Consolidated School District No.5
Pickens County School District
Richland County School District No.1
Richland County School District Na.2
Rack Hill School District No. 3
Saluda School District No.1
South Carolina Public Charter School District
Spartanburg County School District No.1
Spartanburg County School District No. 2
Spartanburg County School District No. 3
Spartanburg County School District No.4
Spartanburg County School District No.

Spartanburg County School District No. B
Spartanburg County School District No. >
Sumter School District
...School District No. 1]
Sumter School District No. 2
Union county School District
Ware Shoals School District No. 51
Williamsburg County Schools
Williston School District No. 29
York School District No.1
Special District
Abbeville Housing Authority
Aiken Housing Authority
Anderson Housing Authority
Atlantic Beach Housing Authority
Beaufort Housing Authority
Beaufort -Jasper Water and Sewer Authority
Beech Island Rural Community Water District
BeltonHonea Path Water Authority
Bennettsville Housing Authority
Berea Public Service District
Berkeley County Water and Sanitation Authority
Big Creek Water and Sewerage District
Bluffton Township Fire District
Bolling Springs Fire District, Greenville County
Broad Creek Public Service District
Buffalo -Mt. Pisgah Fire Protection District
Burton Fire District
Central Midlands Regional Transit Authority
Charleston Area Regional Transportation Authority
Charleston County Aviation Authority
Charleston County Housing and Redevelopment Authority
Charleston Housing Authority
Charleston Naval Complex Redevelopment Authority
Charleston Soil and Water Conservation District
Cheraw Housing Authority
Chester Housing Authority
Chester Metropolitan District
Chester Sewer District
Coast Regional Transportation Authority
Columbia Housing Authority
Conway Housing Authority
Daniel Morgan Water District
Darlington County Fire District
Darlington County Water and Sewer Authority
Darlington Housing Authority
Donalds-Due West Water and Sewer Authority
Dorchester County Sales Tax Transportation Authority
Dorchester County Water Authority
Duncan Chapel Fire District
Easley Housing Authority
Easley -Central Water District
East Richland County Public Service District
Edgefield County Water and Sewer Authority
Florence Housing Authority
Fort Mill Housing Authority
Frlpp Island Public Service District
Gaffney Housing Authority
Gaston Rural Community Water District
Georgetown County Water and Sewer District
Georgetown Housing Authority
Gilbert -Summit Rural Water District
Grand Stand Water and Sewer Authority
Greenville Arena District
titan
ceol l Iron County W Conservancy District
Central Utah Water Conservancy District
Central Weber Sewer Improvement District
Charleston Water Conservancy District
Copperton Improvement District
Cottonwood Improvement District
Davis Community Housing Authority
Davis County Housing Authority
Davis -Salt Lake Aerial Spay Authority
Duchesne County Upper Country Water Improvement District Duchesne County Water Conservancy District
Emery County Housing Authority
Emery County Municipal Building Authority
Emery County Special Service District No. t
Emery Water Conservancy District
Emigration Improvement District
Fruitland Special Service District
Garden City Fire District
Gra. County Housing Authority
Granger -Hunter Improvement District
Heber Valley Special Service District
Hooper Water Improvement District
Jensen Water Improvement District
Johnson Water Improvement District
Jordan Valley Water Conservancy District
Jardanelle Special Service District
...Special Service Fire District
Kane County Water Conservancy District
Kearns Improvement District
Lake Point Improvement District
Logan -Cache Airport Authority
Mower Water and Sewer Improvement District
Magna Mosquito Abatement District
Magna Water District
Metropolitan Water District of Salt Lake and Sandy
Mldvalley Improvement District
Midway Sanitation District
Milford Area Healthcare Service District
Moab Mosquito Abatement District
Moab Valley Fire Protection District
Mountain Green Sewer Improvement District
Mountain Regional Water Special Service District
Mountain View Special Service District
Mt. Olympus Improvement District
North Davis County Sewer District
North Davis Fire District
North Emery Water Users Special Service District
North Fork Special Services District
North Pointe Solid Waste Special Service District
North Summit Fire District
North Tooele County Fire Protection District
North Utah Water Conservancy District
North View Fire District
Ogden Housing Authority
Ouay Park Water Improvement District
Park City Fire Service District
Price River Water Improvement District
Provo Housing Authority
Rockville/Springdale Fire Protection District
Roosevelt City Housing Authority
Salt Lake City Housing Authority
Salt Lake City Mosquito Abatement District
Salt Lake County Housing Authority
Sandy Suburban Improvement District
Scofield Reservoir Special Service District
Sevier County Special Service District No.1
Skyline Mountain Special Service District
Snydervllle Basin Special Recreation District
Snydervllle Basin Water Reclamation District
Solid Waste Special Service District No. t
South Davis Sewer District
South Davis Water District
South Ogden Conservation District
South Salt Lake Valley Mosquito Abatement District
South Summit Fire Protection District
South Utah Valley Solid Waste District
South Valley Sewer District
Southeastern Utah Housing Authority
Spanish Valley Water and Sewer Improvement District
St. George Housing Authority
Stansbury Park Improvement District
Strawberry Electric Service District
Sugar House Park Authority
Tabby Valley Park Special Service District
Taylozsviile-Bennion Improvement District
Thompson Special Service District
Timpanogos Special Service District
Tooele County Housing Authority
Tooele County Recreation Special Service District
Trldell-Lapoint Water Improvement District
Ulntab Animal Control and Shelter Special Service District Ulntah County Municipal Building Authority
Ulntah Fire Suppression Special Service District
Umtah Health Care Special Service District
Washington
Washington State
U ty
Washington Sate Unversity, Vanc
Wenatchee Valley College
Western Washington University
Whatcom community college
Yakima Valley Community College
Education (K-12)
Aberdeen School District No
Adna School District No. 226
Almlra School District No. 1]
Anacortes School District No.103
Arlington Public Schools
AsotinAnatone School District
Auburn School District No. 408
Bainbridge Island School District No. 303
Battle Ground School District No. 119
Bellevue Christian School District
Bellevue School District No.405
Bellingham School District No. 501
Benge School District No. 122
Bethel School District No..3
Blckleton School District
Blaine School District No. 503
Bolstfort School District No. 234
Bremerton School District
Brewster School District No. 111
Bridgeport School District No. >5
Brinell School District No. 46
Burlington -Edison School District No. 100
Camas School District
Cape Flattery School District No. 401
Capital Region Educational Service District No. 113
Carbonado Historical School District No. 19
Cascade Christian Schools
Cascade School District No. 228
Cashmere School District No. 222
Castle Rock School District No. 401
Central Kltsap School District No. 401
Central Valley School District No. 356
Centralia School District No..1
Chehalis School District No. 302
Cheney School District No. 360
Chewelah School District No. 36
Chief Leschl School System
Chlmacum School District No. 49
Clarkston School District No.1250-185
Cle Elum-Roslyn School District
Clover Park School District No. 400
Colfax School District No. 300
College Place School District No. 250
Colton School District No. 300
Columbia School District No. 206
Columbia School District Na. 206, Stevens County
Columbia School District No. 400
Colville School District No. 115
Concrete School District No. 11
Conway Consolidated School District No. 3,
Cosmopolls School District
Coulee-Harmne School District No. 151
Coupevllle School District No. 204
Crescent School District
Creston School District No. >3
Curlew School District No- 50
Cusick School District
Darrington School District No. 330
Davenport School District No. 207
Dayton School District No. 2
Deer Park School District No. 414
Dleringer School District
Dixie School District
East Valley School District No. 3.

East Valley School District No. 3., Spokane County
East Valley School District No. BO, Yakima County
Eastmont School District No. 206
Eatonville School District No..4
Edmonds School District No. IS
Educational Service District No. 112
Ellensburg School District No..1
Elmo School District No. 68
Endicott School District No. 308
Entlat School District No. 127
Enumclaw School District No. 210
Ephrata School District No.105
Evallne School District No. 36
Everett School District No.2
Evergreen School District No. 114, Clark County
Evergreen School District No. 205
Federal Way Public Schools
Ferndale School District No. 502
Fife School District No. 417
Finley School District
Franklin Pierce School District No.402
Freeman School District No. 358
Garfield School District No. 302
Exhibjl,g„dix B
558