Agenda packet — Santa Monica City Council, June 23, 2026 (part 2 of 5)

AMENDMENT #1
TO
CONTRACT # 110223-MCN
THIS AMENDMENT is effective upon the date of the last signature below and is by and between Sourcewell and McNeilus Financial dba McNeilus Truck & Mfg. (Supplier).

Sourcewell awarded a contract to the Supplier to provide Refuse Collection Vehicles with Related Equipment, Accessories, and Services to Sourcewell and its Participating Entities, effective December 23, 2023, through December 28, 2027 (Contract).

Supplier has changed its sales model to include dealers.

NOW, THEREFORE, the parties wish to amend the Contract as follows:

1. The Response to Line item 29 under “Table 5: Pricing and Delivery” in the Proposal is deleted in its entirety and replaced with the following:
“The McNeilus discount offered to Sourcewell members has changed from an eight (8) percent to a three (3) percent discount off of MSRP for all whole goods and options with the exception of extended warranties. Chassis pricing will be priced upon request, as well as requests for rentals, pending availability. McNeilus is establishing a dealer network to build strategic relationships allowing us to harness the strength, experience and large footprint of we/I-established dealerships and enhance the overall customer experience. Our dealers will enhance sales, parts and service support, and bring more access to stock units on the ground along with connection to direct sales and support contacts.”

2. The Response to line item 35 under “Table 5: Pricing and Delivery” in the Proposal is deleted in its entirety and replaced with the following:
“McNeilus uses a combined factory direct and dealer sales and distribution model.”

3. The Response to line item 50 under “Table 11: Ability to Sell and Deliver Service” in the Proposal is deleted in its entirety and replaced with the following:
“McNeilus offers a combined factory direct and dealer sales force. With this sales force, Sourcewell members are getting experts helping them with the solutions they need. This also ensures a team of people intimately familiar with the Sourcewell pricing structure, contract and knowledge of how to provide options to customers via the Sourcewell contract.”

4. The Response to line item 52 under “Table 11: Ability to Sell and Deliver Service” in the Proposal is deleted in its entirety and replaced with the following:

4.A.e
Packet Pg. 202 Attachment: Sourcewell McNeilus Contract 110223 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and Sourcewell Contract # 110223-MCN | Amendment #1

Page 2 of 2 ends

“With the expanding McNeilus dealer network, we are ready to meet the needs of customers wherever they may be. We are continuously working with our dealers to look at areas that need more McNeilus service and mobile technicians and are evaluating where we can continue to grow the footprint to better service our customers through traditional and nontraditional McNeilus methods. McNeilus also employes a team of remote (over the phone) factory direct, dedicated, troubleshooting technicians to aid dealers in diagnosing and troubleshooting issues through dialing one of our McNeilus help lines.”

5. The Response to line item 53 under “Table 11: Ability to Sell and Deliver Service” in the Proposal is deleted in its entirety and replaced with the following:
“Sourcewell members will contact a McNeilus dealer seeking information or a quotation on a refuse collection vehicle. After discussing the customer needs, and potentially an in-person review of existing equipment, a specification is set forth and the McNeilus dealer will use our web-based configurator to build the specification and generate a price to the Sourcewell member. All Sourcewell quotes will be reviewed by sales leadership for accuracy and to ensure all portions of the Sourcewell contract are adhered to, including price and clearly stating the Sourcewell contract number on the quote. The quote and specification are then shared with the Sourcewell member. If the Sourcewell member is providing their own chassis, or a chassis from their local dealer, a chassis specification will be shared with the dealer for a compatibility review to be done by McNeilus engineering and/or sales operations team members to ensure correct component placement, integration work is done and best possible body fitment. Upon acceptance, either the quote is signed and returned, or a customer issued PO is returned to the dealer, and the documentation is submitted into our quoting tool for placement of the order into our build schedule. Communication will be consistent through the build process to ensure updates are provided and Sourcewell members know when to expect their equipment so that they can plan accordingly.” Except as amended above, the Contract remains in full force and effect.

Sourcewell McNeilus Financial
dba McNeilus Truck & Mfg.

By: By:

Jeremy Schwartz, Chief Procurement Officer Jason Fritz
Date: Title:

Date:

4.A.e
Packet Pg. 203 Attachment: Sourcewell McNeilus Contract 110223 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

4.A.f
Packet Pg. 204 Attachment: LEVINE ACT Haaker 5-12-24 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

4.A.f
Packet Pg. 205 Attachment: LEVINE ACT Haaker 5-12-24 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

4.A.f
Packet Pg. 206 Attachment: LEVINE ACT Haaker 5-12-24 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

4.A.f
Packet Pg. 207 Attachment: LEVINE ACT Haaker 5-12-24 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

4.A.f
Packet Pg. 208 Attachment: LEVINE ACT Haaker 5-12-24 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

4.A.g
Packet Pg. 209 Attachment: OAKS Haaker 5-13-26 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and Recycling)

4.A.g
Packet Pg. 210 Attachment: OAKS Haaker 5-13-26 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and Recycling)

4.A.h
Packet Pg. 211
Attachment: MME - Levine Act (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and Recycling)

4.A.h
Packet Pg. 212
Attachment: MME - Levine Act (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and Recycling)

4.A.i
Packet Pg. 213
Attachment: MME - Oaks Initiative (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and Recycling)

4.A.i
Packet Pg. 214
Attachment: MME - Oaks Initiative (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and Recycling) 062425-FAY
v052824 1
MASTER AGREEMENT # 062425
CATEGORY: Street and Specialty Sweepers with Related Equipment, Accessories, and Supplies SUPPLIER: &zd
ŶǀŝƌŽŶŵĞŶƚĂů^ŽůƵƟŽŶƐŵĞƌŝĐĂƐ
This Master Agreement (Agreement) is between Sourcewell, ĂDŝŶŶĞƐŽƚĂƐĞƌǀŝĐĞĐŽŽƉĞƌĂƟǀĞlocated at 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and FAYAT Environmental ^ŽůƵƟŽŶƐŵĞƌŝĐĂƐ͕ϳϮϱ-/ŵƉĞƌŝĂůŽƵƌƚ͕ŚĂƌůŽƩĞ͕EϮϴϮϳϯ (Supplier).

Sourcewell is a ůŽĐĂůŐŽǀĞƌŶŵĞŶƚĂŶĚƐĞƌǀŝĐĞĐŽŽƉĞƌĂƟǀĞĐƌĞĂƚĞĚƵŶĚĞƌƚŚĞůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨ DŝŶŶĞƐŽƚĂ;DŝŶŶĞƐŽƚĂ^ƚĂƚƵƚĞƐ^ĞĐƟŽŶϭϮϯ͘ϮϭͿŽīĞƌŝŶŐ a CŽŽƉĞƌĂƟǀĞPurchasing Program to eligible ƉĂƌƟĐŝƉĂƟŶŐŐŽǀĞƌŶŵĞŶƚĞŶƟƟĞƐ.

Under this Master Agreement entered with Sourcewell, Supplier will provide /ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐ to WĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐƚŚƌŽƵŐŚ^ŽƵƌĐĞǁĞůů͛ƐCŽŽƉĞƌĂƟǀĞPurchasing Program. ƌƟĐůĞϭ͗
General Terms
dŚĞ'ĞŶĞƌĂůdĞƌŵƐŝŶƚŚŝƐƌƟĐůĞϭĐŽŶƚƌŽůƚŚĞŽƉĞƌĂƟŽŶŽĨƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůů ĂŶĚ^ƵƉƉůŝĞƌĂŶĚĂƉƉůǇƚŽĂůůƚƌĂŶƐĂĐƟŽŶƐĞŶƚĞƌĞĚďǇ^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐ͘^ƵďƐĞƋƵĞŶƚ
ƌƟĐůĞƐƚŽƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚĐŽŶƚƌŽůƚŚĞƌŝŐŚƚƐ ĂŶĚŽďůŝŐĂƟŽŶƐĚŝƌĞĐƚůǇďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůůĂŶĚ ^ƵƉƉůŝĞƌ;ƌƟĐůĞϮͿ͕ĂŶĚďĞƚǁĞĞŶ^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ ŶƟƚǇ;ƌƟĐůĞϯͿ͕ƌĞƐƉĞĐƟǀĞůǇ͘dŚĞƐĞƌƟĐůĞϭ
'ĞŶĞƌĂůdĞƌŵƐĐŽŶƚƌŽůŽǀĞƌĂŶǇĐŽŶŇŝĐƟŶŐƚĞƌŵƐ͘tŚĞƌĞƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚŝƐƐŝůĞŶƚŽŶĂŶǇƐubject, WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇĂŶĚ^ƵƉƉůŝĞƌƌĞƚĂŝŶƚŚĞĂďŝůŝƚǇƚŽŶĞŐŽƟĂƚĞŵƵƚƵĂůůǇĂĐĐĞƉƚĂďůĞƚĞƌŵƐ. 1) Purpose. Pursuant to Minnesota law, tŚĞ^ŽƵƌĐĞǁĞůůŽĂƌĚŽĨŝƌĞĐƚŽƌƐŚĂƐĂƵƚŚŽƌŝǌĞĚ ĂŽŽƉĞƌĂƟǀĞ Purchasing Program designed to provide PĂƌƟĐŝƉĂƟŶŐEŶƟƟĞƐǁŝƚŚĂĐĐĞƐƐƚŽĐŽŵƉĞƟƟǀĞůǇĂǁĂƌĚĞĚ ĐŽŽƉĞƌĂƟǀĞƉƵƌĐŚĂƐŝŶŐagreements͘dŽĨĂĐŝůŝƚĂƚĞƚŚĞWƌŽŐƌĂŵ͕^ŽƵƌĐĞǁĞůůhas awarded Supplier this ĐŽŽƉĞƌĂƟǀĞƉƵƌĐŚĂƐŝŶŐDĂƐƚĞƌŐƌĞĞŵĞŶƚĨŽůůŽǁŝŶŐĂĐŽŵƉĞƟƟǀĞƉƌŽĐƵƌĞŵĞŶƚƉƌŽĐĞƐƐŝŶƚĞŶĚĞĚƚŽ ŵĞĞƚĐŽŵƉůŝĂŶĐĞƐƚĂŶĚĂƌĚƐŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚDŝŶŶĞƐŽƚĂůĂǁĂŶĚƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐĐŽŶƚĂŝŶĞĚ herein.
2) Intent. dŚĞŝŶƚĞŶƚŽĨƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚŝƐƚŽĚĞĮŶĞƚŚĞƌŽůĞƐŽĨ^ŽƵƌĐĞǁĞůů͕^ƵƉƉůŝĞƌ͕ĂŶĚ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇĂƐŝƚƌĞůĂƚĞƐƚŽ^ŽƵƌĐĞǁĞůů͛ƐŽŽƉĞƌĂƟǀĞWƵƌĐŚĂƐŝŶŐWƌŽŐƌĂŵ͘ ϯͿ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇĐĐĞƐƐ͘ ^ŽƵƌĐĞǁĞůů͛ƐCŽŽƉĞƌĂƟǀĞPurchasing Program Master Agreements are ĂǀĂŝůĂďůĞƚŽĞůŝŐŝďůĞƉƵďůŝĐĂŐĞŶĐŝĞƐ;WĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐͿ. WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇ͛ƐĂƵƚŚŽƌŝƚǇƚŽĂĐĐĞƐƐ
^ŽƵƌĐĞǁĞůů͛ƐCŽŽƉĞƌĂƟǀĞPurchasing PƌŽŐƌĂŵŝƐĚĞƚĞƌŵŝŶĞĚƚŚƌŽƵŐŚƚŚĞůĂǁƐŽĨŝƚƐƌĞƐƉĞĐƟǀĞ ũƵƌŝƐĚŝĐƟŽŶ͘
4) Supplier Access. dŚĞ/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐŽīĞƌĞĚƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚŵĂǇďĞŵĂĚĞĂǀĂŝůĂďůĞƚŽĂŶǇ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇ͘^ƵƉƉůŝĞƌƵŶĚĞƌƐƚĂŶĚƐƚŚĂƚĂWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇ͛ƐƵƐĞŽĨƚŚŝƐŐƌĞĞŵĞŶƚŝƐĂƚƚŚĞ
WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇ͛ƐƐŽůĞĐŽŶǀĞŶŝĞŶĐĞ͘^ƵƉƉůŝĞƌǁŝůůĞĚƵĐĂƚĞŝƚƐƐĂůĞƐĂŶĚƐĞƌǀŝĐĞĨŽƌĐĞƐĂďŽƵƚ "!

#

4.A.j
Packet Pg. 215 Attachment: Sourcewell - FAYAT Contract 062425 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and 062425-FAY
v052824 2
^ŽƵƌĐĞǁĞůůĞůŝŐŝďŝůŝƚǇƌĞƋƵŝƌĞŵĞŶƚƐĂŶĚƌĞƋƵŝƌĞĚĚŽĐƵŵĞŶƚĂƟŽŶ͘^ƵƉƉůŝĞƌǁŝůůďĞƌĞƐƉŽŶƐŝďůĞĨŽƌ ĞŶƐƵƌŝŶŐƐĂůĞƐĂƌĞǁŝƚŚWĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐ.
5) Term. dŚŝƐŐƌĞĞŵĞŶƚŝƐĞīĞĐƟǀĞƵƉŽŶƚŚĞĚĂƚĞŽĨƚŚĞĮŶĂůƐŝŐŶĂƚƵƌĞďĞůŽǁ͘dŚĞƚĞƌŵŽĨƚŚŝƐ ŐƌĞĞŵĞŶƚŝƐĨŽƵƌ;ϰͿǇĞĂƌƐĨƌŽŵƚŚĞĞīĞĐƟǀĞĚĂƚĞ͘dŚĞŐƌĞĞŵĞŶƚĞǆƉŝƌĞƐĂƚϭϭ͗ϱϵW͘D͘ĞŶƚƌĂů Time on October 27, 2029͕ƵŶůĞƐƐŝƚŝƐĐĂŶĐĞůůĞĚŽƌĞǆƚĞŶĚĞĚĂƐĚĞĮŶĞĚŝŶƚŚŝƐŐƌĞĞŵĞŶƚ͘ a) Extensions. Sourcewell and Supplier may agree to up to three ;ϯͿ ĂĚĚŝƟŽŶĂůŽŶĞ-year extensions ďĞǇŽŶĚƚŚĞŽƌŝŐŝŶĂůĨŽƵƌ-ǇĞĂƌƚĞƌŵ͘dŚĞƚŽƚĂůƉŽƐƐŝďůĞůĞŶŐƚŚŽĨƚŚŝƐŐƌĞĞŵĞŶƚǁŝůůďĞƐĞǀĞŶ(7) ǇĞĂƌƐĨƌŽŵƚŚĞĞīĞĐƟǀĞĚĂƚĞ͘
b)
ǆĐĞƉƟŽŶĂůŝƌĐƵŵƐƚĂŶĐĞƐ͘ ^ŽƵƌĐĞǁĞůůƌĞƚĂŝŶƐƚŚĞƌŝŐŚƚƚŽĐŽŶƐŝĚĞƌĂĚĚŝƟŽŶĂůĞǆƚĞŶƐŝŽŶƐĂƐ ƌĞƋƵŝƌĞĚƵŶĚĞƌĞǆĐĞƉƟŽŶĂůĐŝƌĐƵŵƐƚĂŶĐĞƐ͘
6) Survival of Terms. EŽƚǁŝƚŚƐƚĂŶĚŝŶŐƚŚĞƚĞƌŵŝŶĂƟŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͕ƚŚĞŽďůŝŐĂƟŽŶƐŽĨƚŚŝƐ ŐƌĞĞŵĞŶƚǁŝůůĐŽŶƟŶƵĞƚŚƌŽƵŐŚƚŚĞƉĞƌĨŽƌŵĂŶĐĞƉĞƌŝŽĚŽĨĂŶǇƚƌĂŶƐĂĐƟŽŶĞŶƚĞƌĞĚbetween ^ƵƉƉůŝĞƌĂŶĚĂŶǇWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇďĞĨŽƌĞƚŚĞƚĞƌŵŝŶĂƟŽŶĚĂƚĞ͘
7) Scope. ^ƵƉƉůŝĞƌŝƐĂǁĂƌĚĞĚĂDĂƐƚĞƌŐƌĞĞŵĞŶƚƚŽƉƌŽǀŝĚĞƚŚĞƐŽůƵƟŽŶƐŝĚĞŶƟĮĞĚŝŶRFP # 062425 ƚŽWĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐ͘/Ŷ^ĐŽƉĞƐŽůƵƟŽŶƐŝŶĐůƵĚĞ͗

1. ^ŽƵƌĐĞǁĞůůŝƐƐĞĞŬŝŶŐƉƌŽƉŽƐĂůƐĨŽƌ^ƚƌĞĞƚĂŶĚ^ƉĞĐŝĂůƚǇ^ǁĞĞƉĞƌƐǁŝƚŚZĞůĂƚĞĚ ƋƵŝƉŵĞŶƚ͕
ĐĐĞƐƐŽƌŝĞƐ͕ĂŶĚ^ƵƉƉůŝĞƐŝŶƚĞŶĚĞĚŽƌĚĞƐŝŐŶĞĚĨŽƌƐǁĞĞƉŝŶŐ͕ǀĂĐƵƵŵŝŶŐ͕ŽƌĐůĞĂŶŝŶŐŽĨƐƚƌĞĞƚƐ͕ ƌŽĂĚǁĂǇƐ͕ĂůůĞǇƐ͕ƉĂƌŬŝŶŐĨĂĐŝůŝƚŝĞƐ͕ƐŝĚĞǁĂůŬƐ͕ƚƌĂŝůƐ͕ƉĂƚŚƐ͕ĂŶĚĂŝƌƉŽƌƚƌƵŶǁĂǇŽƌĂŝƌĨŝĞůĚƐƵƌĨĂĐĞƐ͕ ƐƵĐŚĂƐ͗
a. ^ƚƌĞĞƚ͕ ƐŝĚĞǁĂůŬ͕ ƉĂƌŬŝŶŐ ůŽƚ͕ĂŶĚ ƌƵŶǁĂǇ ƐǁĞĞƉŝŶŐ ĂŶĚ ĐůĞĂŶŝŶŐĞƋƵŝƉŵĞŶƚ ŽĨĞǀĞƌǇ ƐŝǌĞ͕ model, or design;
b. Litter, trash, and debris vacuums; and,
c. KƉƚŝŽŶĂůĞƋƵŝƉŵĞŶƚ͕ĂĐĐĞƐƐŽƌŝĞƐ͕ƐƵƉƉůŝĞƐĂŶĚƌĞƉůĂĐĞŵĞŶƚŽƌǁĞĂƌƉĂƌƚƐĚŝƌĞĐƚůǇƌĞůĂƚĞĚƚŽ ƚŚĞŽĨĨĞƌŝŶŐŽĨƚŚĞƐŽůƵƚŝŽŶƐŝŶƐƵďƐĞĐƚŝŽŶƐϭ͘a. - b. above.

2. dŚĞƉƌŝŵĂƌǇĨŽĐƵƐŽĨƚŚŝƐƐŽůŝĐŝƚĂƚŝŽŶŝƐŽŶ^ƚƌĞĞƚ^ǁĞĞƉĞƌƐĂŶĚ^ƉĞĐŝĂůƚǇ^ǁĞĞƉĞƌƐǁŝƚŚZĞůĂƚĞĚ

ƋƵŝƉŵĞŶƚ͕ĐĐĞƐƐŽƌŝĞƐ͕ĂŶĚ^ƵƉƉůŝĞƐ͕ĂŶĚƚŚĞƌĞůĂƚĞĚŽĨĨĞƌŝŶŐŽĨĞƋƵŝƉŵĞŶƚ͕ƐƵƉƉůŝĞƐ͕ĂŶĚƐĞƌǀŝĐĞƐ͘ This solicitation should NOT be construed to include services only solutions. ϯ͘ WƌŽƉŽƐĞƌƐŵĂǇŝŶĐůƵĚĞƌĞŶƚĂůŽĨƐƚƌĞĞƚƐǁĞĞƉĞƌƐ͕ƐƉĞĐŝĂůƚǇƐǁĞĞƉĞƌƐ͕ĚĞďƌŝƐǀĂĐƵƵŵƐĂŶĚƌĞůĂƚĞĚ ĞƋƵŝƉŵĞŶƚƉƌŽǀŝĚĞĚƚŚĂƚƚŚĞǇĂƌĞĐŽŵƉůŝŵĞŶƚĂƌǇƚŽWƌŽƉŽƐĞƌ͛ƐŽĨĨĞƌŝŶŐŽĨƐƚƌĞĞƚĂŶĚƐƉĞĐŝĂůƚǇ sweepers.

4. dŚŝƐƐŽůŝĐŝƚĂƚŝŽŶĚŽĞƐŶŽƚŝŶĐůƵĚĞƚŚŽƐĞĞƋƵŝƉŵĞŶƚ͕ƉƌŽĚƵĐƚƐ͕ŽƌƐĞƌǀŝĐĞƐĐŽǀĞƌĞĚƵŶĚĞƌĐĂƚĞŐŽƌŝĞƐ ŝŶĐůƵĚĞĚŝŶĐŽŶƚƌĂĐƚƐĐƵƌƌĞŶƚůǇŵĂŝŶƚĂŝŶĞĚďǇ^ŽƵƌĐĞǁĞůů͗ a. ^ŶŽǁĂŶĚ/ĐĞ,ĂŶĚůŝŶŐ
ƋƵŝƉŵĞŶƚ͕^ƵƉƉůŝĞƐ͕ĂŶĚĐĐĞƐƐŽƌŝĞƐ;Z&WηϬϲϮϮϮϮͿ;
b. Facility MRO, Industrial, and Building-ZĞůĂƚĞĚ^ƵƉƉůŝĞƐĂŶĚ ƋƵŝƉŵĞŶƚ;Z&WηϬϵϭϰϮϮͿ;
c. ŝƌƉŽƌƚZƵŶǁĂǇĂŶĚ
ŵĞƌŐĞŶĐǇ
ƋƵŝƉŵĞŶƚǁŝƚŚZĞůĂƚĞĚ^ĞƌǀŝĐĞƐ͖ĞǆĐĞƉƚĂƐĐĂůůĞĚŽƵƚ
above (RFP #111522);
d. 'ƌŽƵŶĚƐDĂŝŶƚĞŶĂŶĐĞ
ƋƵŝƉŵĞŶƚ͕ƚƚĂĐŚŵĞŶƚƐ͕ĂŶĚĐĐĞƐƐŽƌŝĞƐǁŝƚŚZĞůĂƚĞĚ^ĞƌǀŝĐĞƐ;Z&W #112624); and,
e. ZŽĂĚǁĂǇDĂŝŶƚĞŶĂŶĐĞ
ƋƵŝƉŵĞŶƚ;Z&WηϬϱϬϲϮϱͿ.
"!

#

4.A.j
Packet Pg. 216 Attachment: Sourcewell - FAYAT Contract 062425 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and 062425-FAY
v052824 3
WƌŽƉŽƐĞƌƐŵĂǇŝŶĐůƵĚĞƌĞůĂƚĞĚĞƋƵŝƉŵĞŶƚ͕ĂĐĐĞƐƐŽƌŝĞƐ͕ĂŶĚƐĞƌǀŝĐĞƐƚŽƚŚĞĞǆƚĞŶƚƚŚĂƚƚŚĞƐĞƐŽůƵƚŝŽŶƐ ĂƌĞĚŝƌĞĐƚůǇƌĞůĂƚĞĚƚŽƚƵƌŶŬĞǇƐŽůƵƚŝŽŶƐĨŽƌƐƵďƐĞĐƚŝŽŶƐϭ͘a. - c. above.

ϴͿ /ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐ͘ ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂůƚŽƚŚĞĂďŽǀĞƌĞĨĞƌĞŶĐĞĚZ&Wis incorporated into this Master ŐƌĞĞŵĞŶƚ͘KŶůǇƚŚŽƐĞ^ŽůƵƟŽŶƐŝŶĐůƵĚĞĚǁŝƚŚŝŶ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂůĂŶĚǁŝƚŚŝŶ^ĐŽƉĞ;/ŶĐůƵĚĞĚ ^ŽůƵƟŽŶƐͿĂƌĞŝŶĐůƵĚĞĚǁŝƚŚŝŶƚŚĞŐƌĞĞŵĞŶƚĂŶĚŵĂǇďĞŽīĞƌĞĚƚŽWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐ.
9) /ŶĚĞĮŶŝƚĞYƵĂŶƟƚǇ͘ dŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚĚĞĮŶĞƐĂŶŝŶĚĞĮŶŝƚĞƋƵĂŶƟƚǇŽĨƐĂůĞƐƚŽĞůŝŐŝďůĞ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐ.
10) WƌŝĐŝŶŐ͘ WƌŝĐŝŶŐŝŶĨŽƌŵĂƟŽŶ;ŝŶĐůƵĚŝŶŐWƌŝĐŝŶŐĂŶĚĞůŝǀĞƌǇĂŶĚWƌŝĐŝŶŐKīĞƌĞĚtĂďůĞƐͿĨŽƌĂůů/ŶĐůƵĚĞĚ ^ŽůƵƟŽŶƐǁŝƚŚŝŶ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂůŝƐŝŶĐŽƌƉŽƌĂƚĞĚŝŶƚŽƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚ͘ 11) EŽƚƚŽ
ǆĐĞĞĚWƌŝĐŝŶŐ͘ Suppliers may not exceed the prices listed in the current Pricing List ŽŶĮůĞ with Sourcewell ǁŚĞŶŽīĞƌŝŶŐ/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐƚŽWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐ͘WĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐŵĂǇ
ƌĞƋƵĞƐƚĂĚũƵƐƚŵĞŶƚƐƚŽƉƌŝĐŝŶŐĚŝƌĞĐƚůǇĨƌŽŵ^ƵƉƉůŝĞƌĚƵƌŝŶŐƚŚĞŶĞŐŽƟĂƟŽŶĂŶĚĞǆĞĐƵƟŽŶŽĨĂŶǇ ƚƌĂŶƐĂĐƟŽŶ.
12) Open Market. ^ƵƉƉůŝĞƌ͛ƐŽƉĞŶŵĂƌŬĞƚƉƌŝĐŝŶŐprocess is included within its Proposal. ϭϯͿ ^ƵƉƉůŝĞƌZĞƉƌĞƐĞŶƚĂƟŽŶƐ͗
i) Compliance. Supplier represents and warrants it will provide all Included ^ŽůƵƟŽŶƐ ƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚŝŶĨƵůůĐŽŵƉůŝĂŶĐĞǁŝƚŚĂƉƉůŝĐĂďůĞĨĞĚĞƌĂů͕ƐƚĂƚĞ͕ĂŶĚůŽĐĂůůĂǁƐĂŶĚ ƌĞŐƵůĂƟŽŶƐ͘
ii) Licenses. ƐĂƉƉůŝĐĂďůĞ͕^ƵƉƉůŝĞƌǁŝůůŵĂŝŶƚĂŝŶĂǀĂůŝĚƐƚĂƚƵƐŽŶĂůůƌĞƋƵŝƌĞĚĨĞĚĞƌĂů͕ƐƚĂƚĞ͕ ĂŶĚůŽĐĂůůŝĐĞŶƐĞƐ͕ďŽŶĚƐ͕ĂŶĚƉĞƌŵŝƚƐƌĞƋƵŝƌĞĚĨŽƌƚŚĞŽƉĞƌĂƟŽŶŽĨ^ƵƉƉůŝĞƌ͛ƐďƵƐŝŶĞƐƐǁŝƚŚ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐ͘WĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐŵĂǇƌĞƋƵĞƐƚĂůůƌĞůĞǀĂŶƚĚŽĐƵŵĞŶƚĂƟŽŶĚŝƌĞĐƚůǇĨƌŽŵ Supplier.
iii) Supplier Warrants. Supplier warrants that all Included ^ŽůƵƟŽŶƐĨƵƌŶŝƐŚĞĚƵŶĚĞƌƚŚŝƐ ŐƌĞĞŵĞŶƚĂƌĞĨƌĞĞĨƌŽŵůŝĞŶƐĂŶĚĞŶĐƵŵďƌĂŶĐĞƐ͕ĂŶĚĂƌĞĨƌĞĞĨƌŽŵĚĞĨĞĐƚƐŝŶĚĞƐŝŐŶ͕ŵĂƚĞƌŝĂůƐ͕ ĂŶĚǁŽƌŬŵĂŶƐŚŝƉ͘/ŶĂĚĚŝƟŽŶ͕^ƵƉƉůŝĞƌǁĂƌƌĂŶƚƐƚŚĞ^ŽůƵƟŽŶƐĂƌĞƐƵŝƚĂďůĞĨŽƌĂŶĚǁŝůůƉĞƌĨŽƌŵ in accordance with the ordinary uƐĞĨŽƌǁŚŝĐŚƚŚĞǇĂƌĞŝŶƚĞŶĚĞĚ͘ 14) ĂŶŬƌƵƉƚĐǇEŽƟĐĞƐ͘ ^ƵƉƉůŝĞƌĐĞƌƟĮĞƐĂŶĚǁĂƌƌĂŶƚƐŝƚŝƐŶŽƚĐƵƌƌĞŶƚůǇŝŶĂďĂŶŬƌƵƉƚĐǇƉƌŽĐĞĞĚŝŶŐ͘ Supplier has disclosed all current and completed bankruptcy proceedings within the past seven years ǁŝƚŚŝŶŝƚƐWƌŽƉŽƐĂů͘^ƵƉƉůŝĞƌŵƵƐƚƉƌŽǀŝĚĞŶŽƟĐĞŝŶǁƌŝƟŶŐƚŽ^ŽƵƌĐĞǁĞůůŝĨŝƚĞŶƚĞƌƐĂďĂŶŬƌƵƉƚĐǇ ƉƌŽĐĞĞĚŝŶŐĂƚĂŶǇƟŵĞĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘ 15) Debarment and Suspension. ^ƵƉƉůŝĞƌĐĞƌƟĮĞƐĂŶĚǁĂƌƌĂŶƚƐƚŚĂƚŶĞŝƚŚĞƌŝƚŶŽƌŝƚƐƉƌŝŶĐŝƉĂůƐĂƌĞ ƉƌĞƐĞŶƚůǇĚĞďĂƌƌĞĚ͕ƐƵƐƉĞŶĚĞĚ͕ƉƌŽƉŽƐĞĚĨŽƌĚĞďĂƌŵĞŶƚ͕ĚĞĐůĂƌĞĚŝŶĞůŝŐŝďůĞ͕ŽƌǀŽůƵŶƚĂƌŝůǇĞǆĐůƵĚĞĚ ĨƌŽŵƉƌŽŐƌĂŵƐŽƉĞƌĂƚĞĚďǇƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ͕ƚŚĞhŶŝƚĞĚ^ƚĂƚĞƐĨĞĚĞƌĂůŐŽǀĞƌŶŵĞnt, or any WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇ͘^ƵƉƉůŝĞƌĐĞƌƟĮĞƐĂŶĚǁĂƌƌĂŶƚƐƚŚĂƚŶĞŝƚŚĞƌŝƚŶŽƌŝƚƐƉƌŝŶĐŝƉĂůƐŚĂǀĞďĞĞŶ ĐŽŶǀŝĐƚĞĚŽĨĂĐƌŝŵŝŶĂůŽīĞŶƐĞƌĞůĂƚĞĚƚŽƚŚĞƐƵďũĞĐƚŵĂƩĞƌŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘^ƵƉƉůŝĞƌĨƵƌƚŚĞƌ warrants that it will pƌŽǀŝĚĞŝŵŵĞĚŝĂƚĞǁƌŝƩĞŶŶŽƟĐĞƚŽ^ŽƵƌĐĞǁĞůůŝĨƚŚŝƐĐĞƌƟĮĐĂƟŽŶĐŚĂŶŐĞƐĂƚ ĂŶǇƟŵĞĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘
"!

#

4.A.j
Packet Pg. 217 Attachment: Sourcewell - FAYAT Contract 062425 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and 062425-FAY
v052824 4
16) Provisions for non-hŶŝƚĞĚ^ƚĂƚĞƐĨĞĚĞƌĂůĞŶƟƚǇƉƌŽĐƵƌĞŵĞŶƚƐƵŶĚĞƌhŶŝƚĞĚ^ƚĂƚĞƐĨĞĚĞƌĂůĂǁĂƌĚƐ or other awards (Appendix II ƚŽϮ͘&͘ZΑϮϬϬͿ͘ WĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐƚŚĂƚƵƐĞhŶŝƚĞĚ^ƚĂƚĞƐĨĞĚĞƌĂů
ŐƌĂŶƚŽƌŽƚŚĞƌĨĞĚĞƌĂůĨƵŶĚŝŶŐƚŽƉƵƌĐŚĂƐĞƐŽůƵƟŽŶƐĨƌŽŵƚŚŝƐŐƌĞĞŵĞŶƚŵĂǇďĞƐƵďũĞĐƚƚŽ ĂĚĚŝƟŽŶĂůƌĞƋƵŝƌĞŵĞŶƚƐŝŶĐůƵĚŝŶŐƚŚĞƉƌŽĐƵƌĞŵĞŶƚƐƚĂŶĚĂƌĚƐŽĨƚŚĞhŶŝĨŽƌŵĚŵŝŶŝƐƚƌĂƟǀĞ ZĞƋƵŝƌĞŵĞŶƚƐ͕ŽƐƚWƌŝŶĐŝƉůĞƐĂŶĚƵĚŝƚZĞƋƵŝƌĞŵĞŶƚƐĨŽƌ&ĞĚĞƌĂůǁĂƌĚƐ͕Ϯ͘&͘Z͘ΑϮϬϬ͘ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐŵĂǇŚĂǀĞĂĚĚŝƟŽŶĂůƌĞƋƵŝƌĞŵĞŶƚƐďĂƐĞĚŽŶƐƉĞĐŝĮĐĨƵŶĚŝŶŐƐŽƵƌĐĞƚĞƌŵƐŽƌ ĐŽŶĚŝƟŽŶƐ͘tŝƚŚŝŶƚŚŝƐ^ĞĐƟŽŶ͕ĂůůƌĞĨĞƌĞŶĐĞƐƚŽ͞ĨĞĚĞƌĂů͟ƐŚŽƵůĚďĞŝŶƚĞƌƉƌĞƚĞĚƚŽŵĞĂŶƚŚĞhŶŝƚĞĚ ^ƚĂƚĞƐĨĞĚĞƌĂůŐŽǀĞƌŶŵĞŶƚ͘dŚĞĨŽůůŽǁŝŶŐůŝƐƚĂƉƉůŝĞƐǁŚĞŶĂWĂƌƟĐŝƉĂƟŶŐ ŶƟƚǇĂĐĐĞƐƐĞƐ^ƵƉƉůŝĞƌ͛Ɛ
Included ^ŽůƵƟŽŶƐǁŝƚŚhŶŝƚĞĚ^ƚĂƚĞƐĨĞĚĞƌĂůĨƵŶĚƐ͘
i)
Yh>
DW>KzD
EdKWWKZdhE/dz͘
ǆĐĞƉƚĂƐŽƚŚĞƌǁŝƐĞƉƌŽǀŝĚĞĚƵŶĚĞƌϰϭ͘&͘Z͘Α
60, all agreements ƚŚĂƚŵĞĞƚƚŚĞĚĞĮŶŝƟŽŶŽĨ͞ĨĞĚĞƌĂůůǇĂƐƐŝƐƚĞĚĐŽŶƐƚƌƵĐƟŽŶĐŽŶƚƌĂĐƚ͟ŝŶϰϭ ͘&͘Z͘ΑϲϬ-ϭ͘ϯŵƵƐƚŝŶĐůƵĚĞƚŚĞĞƋƵĂůŽƉƉŽƌƚƵŶŝƚǇĐůĂƵƐĞƉƌŽǀŝĚĞĚƵŶĚĞƌϰϭ͘&͘Z͘ΑϲϬ-1.4(b), in ĂĐĐŽƌĚĂŶĐĞǁŝƚŚ
ǆĞĐƵƟǀĞKƌĚĞƌϭϭϮϰϲ͕͞
ƋƵĂů
ŵƉůŽǇŵĞŶƚKƉƉŽƌƚƵŶŝƚǇ͟;ϯϬ&ZϭϮϯϭϵ͕ϭϮϵϯϱ͕
ϯ͘&͘Z͘Α͕ϭϵϲϰ-ϭϵϲϱŽŵƉ͕͘Ɖ͘ϯϯϵͿ͕ĂƐĂŵĞŶĚĞĚďǇ
ǆĞĐƵƟǀĞKƌĚĞƌϭϭϯϳϱ͕͞ŵĞŶĚŝŶŐ

ǆĞĐƵƟǀĞKƌĚĞƌϭϭϮϰϲZĞůĂƟŶŐƚŽ
ƋƵĂů
ŵƉůŽǇŵĞŶƚKƉƉŽƌƚƵŶŝƚǇ͕͟ ĂŶĚŝŵƉůĞŵĞŶƟŶŐ
ƌĞŐƵůĂƟŽŶƐĂƚϰϭ͘&͘Z͘ΑϲϬ͕͞KĸĐĞŽĨ&ĞĚĞƌĂůŽŶƚƌĂĐƚŽŵƉůŝĂŶĐĞWƌŽŐƌĂŵƐ͕ ƋƵĂů

ŵƉůŽǇŵĞŶƚKƉƉŽƌƚƵŶŝƚǇ͕ĞƉĂƌƚŵĞŶƚŽĨ>ĂďŽƌ͘͟dŚĞĞƋƵĂůŽƉƉŽƌƚƵŶŝƚǇĐůĂƵƐĞŝƐŝŶĐŽƌƉŽƌĂƚĞĚ ŚĞƌĞŝŶďǇƌĞĨĞƌĞŶĐĞ͘
ii) DAVIS-KEd͕^D
E
;ϰϬh͘^͘͘Αϯϭϰϭ-ϯϭϰϴͿ͘ tŚĞŶƌĞƋƵŝƌĞĚďǇĨĞĚĞƌĂů
ƉƌŽŐƌĂŵůĞŐŝƐůĂƟŽŶ͕ĂůůƉƌŝŵĞĐŽŶƐƚƌƵĐƟŽŶĐŽŶƚƌĂĐƚƐŝŶĞǆĐĞƐƐŽĨΨϮ͕ϬϬϬĂǁĂƌĚĞĚďǇŶŽŶ-ĨĞĚĞƌĂů ĞŶƟƟĞƐŵƵƐƚŝŶĐůƵĚĞĂƉƌŽǀŝƐŝŽŶĨŽƌĐŽŵƉůŝĂŶĐĞǁŝƚŚƚŚĞĂǀŝƐ-ĂĐŽŶĐƚ;ϰϬh͘^͘͘Αϯϭϰϭϯϭϰϰ͕ĂŶĚϯϭϰϲ-ϯϭϰϴͿĂƐƐƵƉƉůĞŵĞŶƚĞĚďǇĞƉĂƌƚŵĞŶƚŽĨ>ĂďŽƌƌĞŐƵůĂƟŽŶƐ;Ϯϵ͘&͘Z͘Αϱ͕ ͞>ĂďŽƌ^ƚĂŶĚĂƌĚƐWƌŽǀŝƐŝŽŶƐƉƉůŝĐĂďůĞƚŽŽŶƚƌĂĐƚƐŽǀĞƌŝŶŐ&ĞĚĞƌĂůůǇ&ŝŶĂŶĐĞĚĂŶĚƐƐŝƐƚĞĚ ŽŶƐƚƌƵĐƟŽŶ͟Ϳ͘/ŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞƐƚĂƚƵƚĞ͕ĐŽŶƚƌĂĐƚŽƌƐŵƵƐƚ ďĞƌĞƋƵŝƌĞĚƚŽƉĂǇǁĂŐĞƐƚŽ ůĂďŽƌĞƌƐĂŶĚŵĞĐŚĂŶŝĐƐĂƚĂƌĂƚĞŶŽƚůĞƐƐƚŚĂŶƚŚĞƉƌĞǀĂŝůŝŶŐǁĂŐĞƐƐƉĞĐŝĮĞĚŝŶĂǁĂŐĞ ĚĞƚĞƌŵŝŶĂƟŽŶŵĂĚĞďǇƚŚĞ^ĞĐƌĞƚĂƌǇŽĨ>ĂďŽƌ͘/ŶĂĚĚŝƟŽŶ͕ĐŽŶƚƌĂĐƚŽƌƐŵƵƐƚďĞƌĞƋƵŝƌĞĚƚŽƉĂǇ wages not less than once a week. The non-ĨĞĚĞƌĂůĞŶƟƚǇŵƵƐƚƉůĂĐĞĂĐŽƉǇŽĨƚŚĞĐƵƌƌĞŶƚ ƉƌĞǀĂŝůŝŶŐǁĂŐĞĚĞƚĞƌŵŝŶĂƟŽŶŝƐƐƵĞĚďǇƚŚĞĞƉĂƌƚŵĞŶƚŽĨ>ĂďŽƌŝŶĞĂĐŚƐŽůŝĐŝƚĂƟŽŶ͘dŚĞ ĚĞĐŝƐŝŽŶƚŽĂǁĂƌĚĂĐŽŶƚƌĂĐƚŽƌƐƵďĐŽŶƚƌĂĐƚŵƵƐƚďĞĐŽŶĚŝƟŽŶĞĚƵƉŽŶƚŚĞĂĐĐĞƉƚĂŶĐĞŽĨƚŚĞ ǁĂŐĞĚĞƚĞƌŵŝŶĂƟŽŶ͘dŚĞŶŽŶ-ĨĞĚĞƌĂůĞŶƟƚǇŵƵƐƚƌĞƉŽƌƚĂůůƐƵƐƉĞĐƚĞĚŽƌƌĞƉŽƌƚĞĚǀŝŽůĂƟŽŶƐƚŽ ƚŚĞĨĞĚĞƌĂůĂǁĂƌĚŝŶŐĂŐĞŶĐǇ͘dŚĞĐŽŶƚƌĂĐƚƐŵƵƐƚĂůƐŽŝŶĐůƵĚĞĂƉƌŽǀŝƐŝŽŶĨŽƌĐŽŵƉůŝĂŶĐĞǁŝƚŚƚŚĞ ŽƉĞůĂŶĚ͞ŶƟ-<ŝĐŬďĂĐŬ͟Đƚ;ϰϬh͘^͘͘ΑϯϭϰϱͿ͕ĂƐƐƵƉƉůĞŵĞŶƚĞĚďǇĞƉĂƌƚŵĞŶƚŽĨ>ĂďŽƌ regulaƟŽŶƐ;Ϯϵ͘&͘Z͘Αϯ͕͞ŽŶƚƌĂĐƚŽƌƐĂŶĚ^ƵďĐŽŶƚƌĂĐƚŽƌƐŽŶWƵďůŝĐƵŝůĚŝŶŐŽƌWƵďůŝĐtŽƌŬ &ŝŶĂŶĐĞĚŝŶtŚŽůĞŽƌŝŶWĂƌƚďǇ>ŽĂŶƐŽƌ'ƌĂŶƚƐĨƌŽŵƚŚĞhŶŝƚĞĚ^ƚĂƚĞƐ͟Ϳ͘dŚĞĐƚƉƌŽǀŝĚĞƐƚŚĂƚ ĞĂĐŚĐŽŶƚƌĂĐƚŽƌŽƌƐƵďƌĞĐŝƉŝĞŶƚŵƵƐƚďĞƉƌŽŚŝďŝƚĞĚĨƌŽŵŝŶĚƵĐŝŶŐ͕ďǇĂŶǇ means, any person ĞŵƉůŽǇĞĚŝŶƚŚĞĐŽŶƐƚƌƵĐƟŽŶ͕ĐŽŵƉůĞƟŽŶ͕ŽƌƌĞƉĂŝƌŽĨƉƵďůŝĐǁŽƌŬ͕ƚŽŐŝǀĞƵƉĂŶǇƉĂƌƚŽĨƚŚĞ ĐŽŵƉĞŶƐĂƟŽŶƚŽǁŚŝĐŚŚĞŽƌƐŚĞŝƐŽƚŚĞƌǁŝƐĞĞŶƟƚůĞĚ͘dŚĞŶŽŶ-ĨĞĚĞƌĂůĞŶƟƚǇŵƵƐƚƌĞƉŽƌƚĂůů ƐƵƐƉĞĐƚĞĚŽƌƌĞƉŽƌƚĞĚǀŝŽůĂƟŽŶƐƚŽƚŚĞĨĞĚĞƌĂůawarding agency. Supplier must comply with all ĂƉƉůŝĐĂďůĞĂǀŝƐ-Bacon Act provisions.
iii) KEdZdtKZ<,KhZ^E^&
dz^dEZ^d;ϰϬh͘^͘͘ΑϯϳϬϭ-ϯϳϬϴͿ͘
tŚĞƌĞĂƉƉůŝĐĂďůĞ͕ĂůůĐŽŶƚƌĂĐƚƐĂǁĂƌĚĞĚďǇƚŚĞŶŽŶ-ĨĞĚĞƌĂůĞŶƟƚǇŝŶĞǆĐĞƐƐŽĨΨϭϬϬ͕ϬϬϬƚŚĂƚ ŝŶǀŽůǀĞƚŚĞĞŵƉůŽǇŵĞŶƚŽĨŵĞĐŚĂŶŝĐƐŽƌůĂďŽƌĞƌƐŵƵƐƚŝŶĐůƵĚĞĂƉƌŽǀŝƐŝŽŶĨŽƌĐŽŵƉůŝĂŶĐĞǁŝƚŚ ϰϬh͘^͘͘ΑΑϯϳϬϮĂŶĚϯϳϬϰ͕ĂƐƐƵƉƉůĞŵĞŶƚĞĚďǇĞƉĂƌƚŵĞŶƚŽĨ>ĂďŽƌƌĞŐƵůĂƟŽŶƐ;Ϯϵ͘&͘Z͘ΑϱͿ͘ hŶĚĞƌϰϬh͘^͘͘ΑϯϳϬϮŽĨƚŚĞĐƚ͕ĞĂĐŚĐŽŶƚƌĂĐƚŽƌŵƵƐƚďĞƌĞƋƵŝƌĞĚƚŽĐŽŵƉƵƚĞƚŚĞǁĂŐĞƐŽĨ "!

#

4.A.j
Packet Pg. 218 Attachment: Sourcewell - FAYAT Contract 062425 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and 062425-FAY
v052824 5
ĞǀĞƌǇŵĞĐŚĂŶŝĐĂŶĚůĂďŽƌĞƌŽŶƚŚĞďĂƐŝƐŽĨĂƐƚĂŶĚĂƌĚǁŽƌŬǁĞĞŬŽĨϰϬŚŽƵƌƐ͘tŽƌŬŝŶĞǆĐĞƐƐŽĨ ƚŚĞƐƚĂŶĚĂƌĚǁŽƌŬǁĞĞŬŝƐƉĞƌŵŝƐƐŝďůĞƉƌŽǀŝĚĞĚƚŚĂƚƚŚĞǁŽƌŬĞƌŝƐĐŽŵƉĞŶƐĂƚĞĚĂƚĂƌĂƚĞŽĨŶŽƚ ůĞƐƐƚŚĂŶŽŶĞĂŶĚĂŚĂůĨƟŵĞƐƚŚĞďĂƐŝĐƌĂƚĞŽĨƉĂǇĨŽƌĂůůŚŽƵƌƐ ǁŽƌŬĞĚŝŶĞǆĐĞƐƐŽĨϰϬŚŽƵƌƐŝŶ ƚŚĞǁŽƌŬǁĞĞŬ͘dŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨϰϬh͘^͘͘ΑϯϳϬϰĂƌĞĂƉƉůŝĐĂďůĞƚŽĐŽŶƐƚƌƵĐƟŽŶǁŽƌŬĂŶĚ ƉƌŽǀŝĚĞƚŚĂƚŶŽůĂďŽƌĞƌŽƌŵĞĐŚĂŶŝĐŵƵƐƚďĞƌĞƋƵŝƌĞĚƚŽǁŽƌŬŝŶƐƵƌƌŽƵŶĚŝŶŐƐŽƌƵŶĚĞƌǁŽƌŬŝŶŐ ĐŽŶĚŝƟŽŶƐǁŚŝĐŚĂƌĞƵŶƐĂŶŝƚĂƌǇ͕ŚĂǌĂƌĚŽƵƐŽƌĚĂŶŐĞƌŽƵƐ͘dŚĞƐĞƌĞƋƵŝƌĞŵĞŶƚƐĚŽŶŽƚĂƉƉůǇƚŽ ƚŚĞƉƵƌĐŚĂƐĞƐŽĨƐƵƉƉůŝĞƐ͕ŵĂƚĞƌŝĂůƐ͕ŽƌĂƌƟĐůĞƐŽƌĚŝŶĂƌŝůǇĂǀĂŝůĂďůĞŽŶƚŚĞŽƉĞŶŵĂƌŬĞƚ͕Žƌ ĐŽŶƚƌĂĐƚƐĨŽƌƚƌĂŶƐƉŽƌƚĂƟŽŶŽƌƚƌĂŶƐŵŝƐƐŝŽŶŽĨŝŶƚĞůůŝŐĞŶĐĞ͘dŚŝƐƉƌŽǀŝƐŝŽŶŝƐŚĞƌĞďǇŝŶĐŽƌƉŽƌĂƚĞĚ ďǇƌĞĨĞƌĞŶĐĞŝŶƚŽƚŚŝƐŐƌĞĞŵĞŶƚ͘^ƵƉƉůŝĞƌĐĞƌƟĮĞƐƚŚĂƚĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨĂŶĂǁĂƌĚĨŽƌĂůů ŐƌĞĞŵĞŶƚƐďǇ^ŽƵƌĐĞǁĞůůƌĞƐƵůƟŶŐĨƌŽŵƚŚŝƐƉƌŽĐƵƌĞŵĞŶƚƉƌŽĐĞƐƐ͕^ƵƉƉůŝĞƌŵƵƐƚĐŽŵƉůǇǁŝƚŚ ĂƉƉůŝĐĂďůĞƌĞƋƵŝƌĞŵĞŶƚƐĂƐƌĞĨĞƌĞŶĐĞĚĂďŽǀĞ͘
iv) RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. /ĨƚŚĞĨĞĚĞƌĂů ĂǁĂƌĚŵĞĞƚƐƚŚĞĚĞĮŶŝƟŽŶŽĨ͞ĨƵŶĚŝŶŐĂŐƌĞĞŵĞŶƚ͟ƵŶĚĞƌϯϳ͘&͘Z͘ΑϰϬϭ͘Ϯ;ĂͿĂŶĚƚŚĞƌĞĐŝƉŝĞŶƚ ŽƌƐƵďƌĞĐŝƉŝĞŶƚǁŝƐŚĞƐƚŽĞŶƚĞƌŝŶƚŽĂĐŽŶƚƌĂĐƚǁŝƚŚĂƐŵĂůůďƵƐŝŶĞƐƐĮƌŵŽƌŶŽŶƉƌŽĮƚ ŽƌŐĂŶŝǌĂƟŽŶƌĞŐĂƌĚŝŶŐƚŚĞƐƵďƐƟƚƵƟŽŶŽĨƉĂƌƟĞƐ͕ĂƐƐŝŐŶŵĞŶƚŽƌƉĞƌĨŽƌŵĂŶĐĞŽĨĞǆƉĞƌŝŵĞŶƚĂů͕ ĚĞǀĞůŽƉŵĞŶƚĂů͕ŽƌƌĞƐĞĂƌĐŚǁŽƌŬƵŶĚĞƌƚŚĂƚ͞ĨƵŶĚŝŶŐĂŐƌĞĞŵĞŶƚ͕͟ƚŚĞƌĞĐŝƉŝĞŶƚŽƌƐƵďƌĞĐŝƉŝĞŶƚ ŵƵƐƚĐŽŵƉůǇǁŝƚŚƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨϯϳ͘&͘Z͘ΑϰϬϭ͕͞ZŝŐŚƚƐƚŽ/ŶǀĞŶƟŽŶƐDĂĚĞďǇEŽŶƉƌŽĮƚ KƌŐĂŶŝǌĂƟŽŶƐĂŶĚ^ŵĂůůƵƐŝŶĞƐƐ&ŝƌŵƐhŶĚĞƌ'ŽǀĞƌŶŵĞŶƚ'ƌĂŶƚƐ͕ŽŶƚƌĂĐƚƐĂŶĚŽŽƉĞƌĂƟǀĞ ŐƌĞĞŵĞŶƚƐ͕͟ĂŶĚĂŶǇŝŵƉůĞŵĞŶƟŶŐƌĞŐƵůĂƟŽŶƐŝƐƐƵĞĚďǇƚŚĞĂǁĂƌĚŝŶŐĂŐĞŶĐǇ͘^ƵƉƉůŝĞƌ ĐĞƌƟĮĞƐƚŚĂƚĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨĂŶĂǁĂƌĚĨŽƌĂůůŐƌĞĞŵĞŶƚƐďǇ^ŽƵƌĐĞǁĞůůƌĞƐƵůƟŶŐĨƌŽŵƚŚŝƐ ƉƌŽĐƵƌĞŵĞŶƚƉƌŽĐĞƐƐ͕^ƵƉƉůŝĞƌŵƵƐƚĐŽŵƉůǇǁŝƚŚĂƉƉůŝĐĂďůĞƌĞƋƵŝƌĞŵĞŶƚƐĂƐƌĞĨĞƌĞŶĐĞĚĂďŽǀĞ͘ v) >
E/Zd;ϰϮh͘^͘͘ΑϳϰϬϭ-ϳϲϳϭY͘ͿEd,
&

Z>td
ZWK>>hd/KE
KEdZK>d;ϯϯh͘^͘͘ΑϭϮϱϭ-ϭϯϴϳͿ͘ ŽŶƚƌĂĐƚƐĂŶĚƐƵďŐƌĂŶƚƐŽĨĂŵŽƵŶƚƐŝŶĞǆĐĞƐƐŽĨ ΨϭϱϬ͕ϬϬϬƌĞƋƵŝƌĞƚŚĞŶŽŶ-ĨĞĚĞƌĂůĂǁĂƌĚƚŽĂŐƌĞĞƚŽĐŽŵƉůǇǁŝƚŚĂůůĂƉƉůŝĐĂďůĞƐƚĂŶĚĂƌĚƐ͕ŽƌĚĞƌƐ ŽƌƌĞŐƵůĂƟŽŶƐŝƐƐƵĞĚƉƵƌƐƵĂŶƚƚŽƚŚĞůĞĂŶŝƌĐƚ;ϰϮh͘^͘͘ΑϳϰϬϭ- ϳϲϳϭƋͿĂŶĚƚŚĞ&ĞĚĞƌĂů tĂƚĞƌWŽůůƵƟŽŶŽŶƚƌŽůĐƚĂƐĂŵĞŶĚĞĚ;ϯϯh͘^͘͘ΑϭϮϱϭ- ϭϯϴϳͿ͘sŝŽůĂƟŽŶƐŵƵƐƚďĞƌĞƉŽƌƚĞĚƚŽ ƚŚĞ&ĞĚĞƌĂůĂǁĂƌĚŝŶŐĂŐĞŶĐǇĂŶĚƚŚĞZĞŐŝŽŶĂůKĸĐĞŽĨƚŚĞ ŶǀŝƌŽŶŵĞŶƚĂůWƌŽƚĞĐƟŽŶŐĞŶĐǇ
;
WͿ͘^ƵƉƉůŝĞƌĐĞƌƟĮĞƐƚŚĂƚĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐŐƌĞĞŵĞŶƚŝƚǁŝůůĐŽŵƉůǇǁŝƚŚĂƉƉůŝĐĂďůĞ ƌĞƋƵŝƌĞŵĞŶƚƐĂƐƌĞĨĞƌĞŶĐĞĚĂďŽǀĞ͘
vi)
ZD
EdE^h^W
E^/KE;
y
hd/s
KZ
Z^ϭϮϱϰϵEϭϮϲϴϵͿ͘ A contract
ĂǁĂƌĚ;ƐĞĞϮ͘&͘Z͘ΑϭϴϬ͘ϮϮϬͿŵƵƐƚŶŽƚďĞŵĂĚĞƚŽƉĂƌƟĞƐůŝƐƚĞĚŽŶƚŚĞŐŽǀĞƌŶŵĞŶƚǁŝĚĞ ĞǆĐůƵƐŝŽŶƐŝŶƚŚĞ^ǇƐƚĞŵĨŽƌǁĂƌĚDĂŶĂŐĞŵĞŶƚ;^DͿ͕ŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞKDŐƵŝĚĞůŝŶĞƐ ĂƚϮ͘&͘Z͘ΑϭϴϬƚŚĂƚŝŵƉůĞŵĞŶƚ
ǆĞĐƵƟǀĞKƌĚĞƌƐϭϮϱϰϵ;ϯ͘&͘Z͘ΑϭϵϴϲŽŵƉ͕͘Ɖ͘ϭϴϵͿĂŶĚ ϭϮϲϴϵ;ϯ͘&͘Z͘ΑϭϵϴϵŽŵƉ͕͘Ɖ͘ϮϯϱͿ͕͞ĞďĂƌŵĞŶƚĂŶĚ^ƵƐƉĞŶƐŝŽŶ͘͟^D ǆĐůƵƐŝŽŶƐĐŽŶƚĂŝŶƐ
ƚŚĞŶĂŵĞƐŽĨƉĂƌƟĞƐĚĞďĂƌƌĞĚ͕ƐƵƐƉĞŶĚĞĚ͕ŽƌŽƚŚĞƌǁŝƐĞĞǆĐůƵĚĞĚďǇĂŐĞŶĐŝĞƐ͕ĂƐǁĞůůĂƐƉĂƌƟĞƐ ĚĞĐůĂƌĞĚŝŶĞůŝŐŝďůĞƵŶĚĞƌƐƚĂƚƵƚŽƌǇŽƌƌĞŐƵůĂƚŽƌǇĂƵƚŚŽƌŝƚǇŽƚŚĞƌƚŚĂŶ ǆĞĐƵƟǀĞKƌĚĞƌϭϮϱϰϵ͘
^ƵƉƉůŝĞƌĐĞƌƟĮĞƐƚŚĂƚŶĞŝƚŚĞƌŝƚŶŽƌŝƚƐƉƌŝŶĐŝƉĂůƐĂƌĞƉƌĞƐĞŶƚůǇĚĞďĂƌƌĞĚ͕ƐƵƐƉĞŶĚĞĚ͕ƉƌŽƉŽƐĞĚ ĨŽƌĚĞďĂƌŵĞŶƚ͕ĚĞĐůĂƌĞĚŝŶĞůŝŐŝďůĞ͕ŽƌǀŽůƵŶƚĂƌŝůǇĞǆĐůƵĚĞĚĨƌŽŵƉĂƌƟĐŝƉĂƟŽŶďǇĂŶǇĨĞĚĞƌĂů department or agency.
vii) BYRD ANTI->Kz/E'D
ED
Ed͕^D
E
;ϯϭh͘^͘͘ΑϭϯϱϮͿ͘ Suppliers must
ĮůĞĂŶǇƌĞƋƵŝƌĞĚĐĞƌƟĮĐĂƟŽŶƐ͘^ƵƉƉůŝĞƌƐŵƵƐƚŶŽƚŚĂǀĞƵƐĞĚĨĞĚĞƌĂůĂƉƉƌŽƉƌŝĂƚĞĚĨƵŶĚƐƚŽƉĂǇ ĂŶǇƉĞƌƐŽŶŽƌŽƌŐĂŶŝǌĂƟŽŶĨŽƌŝŶŇƵĞŶĐŝŶŐŽƌĂƩĞŵƉƟŶŐƚŽŝŶŇƵĞŶĐĞĂŶŽĸĐĞƌŽƌĞŵƉůŽǇĞĞŽĨ ĂŶǇĂŐĞŶĐǇ͕ĂŵĞŵďĞƌŽĨŽŶŐƌĞƐƐ͕ŽĸĐĞƌŽƌĞŵƉůŽǇĞĞŽĨŽŶŐƌĞƐƐ͕ŽƌĂŶĞŵƉůŽǇĞĞŽĨĂ ŵĞŵďĞƌŽĨŽŶŐƌĞƐƐŝŶĐŽŶŶĞĐƟŽŶǁŝƚŚŽďƚĂŝŶŝŶŐĂŶǇĨĞĚĞƌĂůĐŽŶƚƌĂĐƚ͕ŐƌĂŶƚ͕ŽƌĂŶǇŽƚŚĞƌ "!

#

4.A.j
Packet Pg. 219 Attachment: Sourcewell - FAYAT Contract 062425 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and 062425-FAY
v052824 6
ĂǁĂƌĚĐŽǀĞƌĞĚďǇϯϭh͘^͘͘ΑϭϯϱϮ͘^ƵƉƉůŝĞƌƐŵƵƐƚĚŝƐĐůŽƐĞĂŶǇůŽďďǇŝŶŐǁŝƚŚŶŽŶ-ĨĞĚĞƌĂůĨƵŶĚƐ ƚŚĂƚƚĂŬĞƐƉůĂĐĞŝŶĐŽŶŶĞĐƟŽŶǁŝƚŚŽďƚĂŝŶŝŶŐĂŶǇĨĞĚĞƌĂůĂǁĂƌĚ͘^ƵĐŚĚŝƐĐůŽƐƵƌĞƐĂƌĞĨŽƌǁĂƌĚĞĚ ĨƌŽŵƟĞƌƚŽƟĞƌƵƉƚŽƚŚĞŶŽŶ-ĨĞĚĞƌĂůĂǁĂƌĚ͘^ƵƉƉůŝĞƌƐŵƵƐƚĮůĞĂůůĐĞƌƟĮĐĂƟŽŶƐĂŶĚĚŝƐĐůŽƐƵƌĞƐ ƌĞƋƵŝƌĞĚďǇ͕ĂŶĚŽƚŚĞƌǁŝƐĞĐŽŵƉůǇǁŝƚŚ͕ƚŚĞǇƌĚŶƟ->ŽďďǇŝŶŐŵĞŶĚŵĞŶƚ;ϯϭh͘^͘͘ΑϭϯϱϮͿ͘ viii) Z
KZZ
d
Ed/KEZ
Yh/Z
D
Ed^͘To the extent applicable, Supplier must comply
ǁŝƚŚƚŚĞƌĞĐŽƌĚƌĞƚĞŶƟŽŶƌĞƋƵŝƌĞŵĞŶƚƐĚĞƚĂŝůĞĚŝŶϮ͘&͘Z͘ΑϮϬϬ͘ϯϯϯ͘dŚĞ^ƵƉƉůŝĞƌĨƵƌƚŚĞƌ ĐĞƌƟĮĞƐƚŚĂƚŝƚǁŝůůƌĞƚĂŝŶĂůůƌĞĐŽƌĚƐĂƐƌĞƋƵŝƌĞĚďǇϮ͘&͘Z͘ΑϮϬϬ͘ϯϯϯĨŽƌĂƉĞƌŝŽĚŽĨϯǇĞĂƌƐĂŌĞƌ grantees or ƐƵďŐƌĂŶƚĞĞƐƐƵďŵŝƚĮŶĂůĞǆƉĞŶĚŝƚƵƌĞƌĞƉŽƌƚƐŽƌƋƵĂƌƚĞƌůǇŽƌĂŶŶƵĂůĮŶĂŶĐŝĂů ƌĞƉŽƌƚƐ͕ĂƐĂƉƉůŝĐĂďůĞ͕ĂŶĚĂůůŽƚŚĞƌƉĞŶĚŝŶŐŵĂƩĞƌƐĂƌĞĐůŽƐĞĚ͘ ix) ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, ^ƵƉƉůŝĞƌŵƵƐƚĐŽŵƉůǇǁŝƚŚƚŚĞŵĂŶĚĂƚŽƌǇƐƚĂŶĚĂƌĚƐĂŶĚƉŽůŝĐŝĞƐƌĞůĂƟŶŐƚŽĞŶĞƌŐǇĞĸĐŝĞŶĐǇ ǁŚŝĐŚĂƌĞĐŽŶƚĂŝŶĞĚŝŶƚŚĞƐƚĂƚĞĞŶĞƌŐǇĐŽŶƐĞƌǀĂƟŽŶƉůĂŶŝƐƐƵĞĚŝŶĐŽŵƉůŝĂŶĐĞǁŝƚŚƚŚĞ ŶĞƌŐǇ
WŽůŝĐǇĂŶĚŽŶƐĞƌǀĂƟŽŶĐƚ͘
x) BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must ĐŽŵƉůǇǁŝƚŚĂůůĂƉƉůŝĐĂďůĞƉƌŽǀŝƐŝŽŶƐŽĨƚŚĞƵǇŵĞƌŝĐĂŶĐƚ͘WƵƌĐŚĂƐĞƐŵĂĚĞŝŶĂĐĐŽƌĚĂŶĐĞ ǁŝƚŚƚŚĞƵǇŵĞƌŝĐĂŶĐƚŵƵƐƚĨŽůůŽǁƚŚĞĂƉƉůŝĐĂďůĞƉƌŽĐƵƌĞŵĞŶƚƌƵůĞƐĐĂůůŝŶŐĨŽƌĨƌĞĞĂŶĚ ŽƉĞŶĐŽŵƉĞƟƟŽŶ͘
xi)
^^dKZ
KZ^;Ϯ͘&͘Z͘ΑϮϬϬ͘ϯϯϲͿ͘ ^ƵƉƉůŝĞƌĂŐƌĞĞƐƚŚĂƚĚƵůǇĂƵƚŚŽƌŝǌĞĚ ƌĞƉƌĞƐĞŶƚĂƟǀĞƐŽĨĂĨĞĚĞƌĂůĂŐĞŶĐǇŵƵƐƚŚĂǀĞĂĐĐĞƐƐƚŽĂŶǇďŽŽŬƐ͕ĚŽĐƵŵĞŶƚƐ͕ƉĂƉĞƌƐĂŶĚ ƌĞĐŽƌĚƐŽĨ^ƵƉƉůŝĞƌƚŚĂƚĂƌĞĚŝƌĞĐƚůǇƉĞƌƟŶĞŶƚƚŽ^ƵƉƉůŝĞƌ͛ƐĚŝƐĐŚĂƌŐĞŽĨŝƚƐŽďůŝŐĂƟŽŶƐƵŶĚĞƌƚŚŝƐ ŐƌĞĞŵĞŶƚĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨŵĂŬŝŶŐĂƵĚŝƚƐ͕ĞǆĂŵŝŶĂƟŽŶƐ͕ĞǆĐĞƌƉƚƐ͕ĂŶĚƚƌĂŶƐĐƌŝƉƟŽŶƐ͘dŚĞ ƌŝŐŚƚĂůƐŽŝŶĐůƵĚĞƐƟŵĞůǇĂŶĚƌĞĂƐŽŶĂďůĞĂĐĐĞƐƐƚŽ^ƵƉƉůŝĞƌ͛ƐƉĞƌƐŽŶŶĞůĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨ ŝŶƚĞƌǀŝĞǁĂŶĚĚŝƐĐƵƐƐŝŽŶƌĞůĂƟŶŐƚŽƐƵĐŚĚŽĐƵŵĞŶƚƐ͘
xii) WZKhZ
D
EdK&Z
Ks
Z
Dd
Z/>^;Ϯ͘&͘Z͘ΑϮϬϬ͘ϯϮϮͿ͘A non-ĨĞĚĞƌĂůĞŶƟƚǇ
ƚŚĂƚŝƐĂƐƚĂƚĞĂŐĞŶĐǇŽƌĂŐĞŶĐǇŽĨĂƉŽůŝƟĐĂůƐƵďĚŝǀŝƐŝŽŶŽĨĂƐƚĂƚĞĂŶĚŝƚƐĐŽŶƚƌĂĐƚŽƌƐŵƵƐƚ ĐŽŵƉůǇǁŝƚŚ^ĞĐƟŽŶϲϬϬϮŽĨƚŚĞ^ŽůŝĚtĂƐƚĞŝƐƉŽƐĂůĐƚ͕ĂƐĂŵĞŶĚĞĚďǇƚŚĞZĞƐŽƵƌĐĞ ŽŶƐĞƌǀĂƟŽŶĂŶĚZĞĐŽǀĞƌǇĐƚ͘dŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨ^ĞĐƟŽŶϲϬϬϮŝŶĐůƵĚĞƉƌŽĐƵƌŝŶŐŽŶůǇŝƚĞŵƐ ĚĞƐŝŐŶĂƚĞĚŝŶŐƵŝĚĞůŝŶĞƐŽĨƚŚĞ
ŶǀŝƌŽŶŵĞŶƚĂůWƌŽƚĞĐƟŽŶŐĞŶĐǇ;
WͿĂƚϰϬ͘&͘Z͘ΑϮϰϳƚŚĂƚ
ĐŽŶƚĂŝŶƚŚĞŚŝŐŚĞƐƚƉĞƌĐĞŶƚĂŐĞŽĨƌĞĐŽǀĞƌĞĚŵĂƚĞƌŝĂůƐƉƌĂĐƟĐĂďůĞ͕ consistent with maintaining a ƐĂƟƐĨĂĐƚŽƌǇůĞǀĞůŽĨĐŽŵƉĞƟƟŽŶ͕ǁŚĞƌĞƚŚĞƉƵƌĐŚĂƐĞƉƌŝĐĞŽĨƚŚĞŝƚĞŵĞǆĐĞĞĚƐΨϭϬ͕ϬϬϬŽƌƚŚĞ ǀĂůƵĞŽĨƚŚĞƋƵĂŶƟƚǇĂĐƋƵŝƌĞĚĚƵƌŝŶŐƚŚĞƉƌĞĐĞĚŝŶŐĮƐĐĂůǇĞĂƌĞǆĐĞĞĚĞĚΨϭϬ͕ϬϬϬ͖ƉƌŽĐƵƌŝŶŐ solid waste management services in a mĂŶŶĞƌƚŚĂƚŵĂǆŝŵŝǌĞƐĞŶĞƌŐǇĂŶĚƌĞƐŽƵƌĐĞƌĞĐŽǀĞƌǇ͖ ĂŶĚĞƐƚĂďůŝƐŚŝŶŐĂŶĂĸƌŵĂƟǀĞƉƌŽĐƵƌĞŵĞŶƚƉƌŽŐƌĂŵĨŽƌƉƌŽĐƵƌĞŵĞŶƚŽĨƌĞĐŽǀĞƌĞĚŵĂƚĞƌŝĂůƐ ŝĚĞŶƟĮĞĚŝŶƚŚĞ
WŐƵŝĚĞůŝŶĞƐ͘
xiii) &

Z>^
>;^Ϳ͕>K'K^͕E&>'^͘ The Supplier cannot use the seal(s), logos, crests, ŽƌƌĞƉƌŽĚƵĐƟŽŶƐŽĨŇĂŐƐŽƌůŝŬĞŶĞƐƐĞƐŽĨ&ĞĚĞƌĂůĂŐĞŶĐǇŽĸĐŝĂůƐǁŝƚŚŽƵƚƐƉĞĐŝĮĐƉƌĞ-approval. xiv) NO OBLIGATION BY FEDERAL GOVERNMENT. dŚĞh͘^͘ĨĞĚĞƌĂůŐŽǀĞƌŶŵĞŶƚŝƐŶŽƚĂƉĂƌƚǇ ƚŽƚŚŝƐŐƌĞĞŵĞŶƚŽƌĂŶǇƉƵƌĐŚĂƐĞďǇĂWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇĂŶĚŝƐŶŽƚƐƵďũĞĐƚƚŽĂŶǇŽďůŝŐĂƟŽŶƐ
ŽƌůŝĂďŝůŝƟĞƐƚŽƚŚĞWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇ͕^ƵƉƉůŝĞƌ͕ŽƌĂŶǇŽƚŚĞƌƉĂƌƚǇƉĞƌƚĂŝŶŝŶŐƚŽĂŶǇŵĂƩĞƌ ƌĞƐƵůƟŶŐĨƌŽŵƚŚĞŐƌĞĞŵĞŶƚŽƌĂŶǇƉƵƌĐŚĂƐĞďǇĂŶĂƵƚŚŽƌŝǌĞĚƵƐĞƌ͘ "!

#

4.A.j
Packet Pg. 220 Attachment: Sourcewell - FAYAT Contract 062425 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and 062425-FAY
v052824 7
xv) PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The ŽŶƚƌĂĐƚŽƌĂĐŬŶŽǁůĞĚŐĞƐƚŚĂƚϯϭh͘^͘͘Αϯϴ;ĚŵŝŶŝƐƚƌĂƟǀĞZĞŵĞĚŝĞƐĨŽƌ&ĂůƐĞůĂŝŵƐĂŶĚ ^ƚĂƚĞŵĞŶƚƐͿĂƉƉůŝĞƐƚŽƚŚĞ^ƵƉƉůŝĞƌ͛ƐĂĐƟŽŶƐƉĞƌƚĂŝŶŝŶŐƚŽƚŚŝƐŐƌĞĞŵĞŶƚŽƌĂŶǇƉƵƌĐŚĂƐĞďǇĂ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇ͘
xvi) FEDERAL DEBT. dŚĞ^ƵƉƉůŝĞƌĐĞƌƟĮĞƐƚŚĂƚŝƚŝƐŶŽŶ-ĚĞůŝŶƋƵĞŶƚŝŶŝƚƐƌĞƉĂǇŵĞŶƚŽĨĂŶǇ ĨĞĚĞƌĂůĚĞďƚ͘
ǆĂŵƉůĞƐŽĨƌĞůĞǀĂŶƚĚĞďƚŝŶĐůƵĚĞĚĞůŝŶƋƵĞŶƚƉĂǇƌŽůůĂŶĚŽƚŚĞƌƚĂǆĞƐ͕ĂƵĚŝƚ ĚŝƐĂůůŽǁĂŶĐĞ͕ĂŶĚďĞŶĞĮƚŽǀĞƌƉĂǇŵĞŶƚƐ͘
xvii) CONFLICTS OF INTEREST. dŚĞ^ƵƉƉůŝĞƌŵƵƐƚŶŽƟĨǇƚŚĞh͘^͘KĸĐĞŽĨ'ĞŶĞƌĂů^ĞƌǀŝĐĞƐ͕ ^ŽƵƌĐĞǁĞůů͕ĂŶĚWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇĂƐƐŽŽŶĂƐƉŽƐƐŝďůĞŝĨƚŚŝƐŐƌĞĞŵĞŶƚŽƌĂŶǇĂƐƉĞĐƚƌĞůĂƚĞĚ ƚŽƚŚĞĂŶƟĐŝƉĂƚĞĚǁŽƌŬƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚƌĂŝƐĞƐĂŶĂĐƚƵĂůŽƌƉŽƚĞŶƟĂůĐŽŶŇŝĐƚŽĨŝŶƚĞƌĞƐƚ(as ĚĞƐĐƌŝďĞĚŝŶϮ͘&͘Z͘WĂƌƚϮϬϬͿ͘dŚĞ^ƵƉƉůŝĞƌŵƵƐƚĞǆƉůĂŝŶƚŚĞĂĐƚƵĂůŽƌƉŽƚĞŶƟĂůĐŽŶŇŝĐƚŝŶ ǁƌŝƟŶŐŝŶƐƵĸĐŝĞŶƚĚĞƚĂŝůƐŽƚŚĂƚƚŚĞh͘^͘KĸĐĞŽĨ'ĞŶĞƌĂů^ĞƌǀŝĐĞƐ͕^ŽƵƌĐĞǁĞůů͕ĂŶĚ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇĂƌĞĂďůĞƚŽĂƐƐĞƐƐƚŚĞĂĐƚƵĂůŽƌƉŽƚĞŶƟĂůĐŽŶŇŝĐƚ͖ĂŶĚƉƌŽǀŝĚĞĂŶǇĂĚĚŝƟŽŶĂů ŝŶĨŽƌŵĂƟŽŶĂƐŶĞĐĞƐƐĂƌǇŽƌƌĞƋƵĞƐƚĞĚ͘
xviii) h͘^͘
y
hd/s
KZ
ZϭϯϮϮϰ͘ The Supplier, and its subcontractors, must comply with h͘^͘
ǆĞĐƵƟǀĞKƌĚĞƌϭϯϮϮϰĂŶĚh͘^͘>ĂǁƐƚŚĂƚƉƌŽŚŝďŝƚƚƌĂŶƐĂĐƟŽŶƐǁŝƚŚĂŶĚƉƌŽǀŝƐŝŽŶŽĨ ƌĞƐŽƵƌĐĞƐĂŶĚƐƵƉƉŽƌƚƚŽŝŶĚŝǀŝĚƵĂůƐĂŶĚŽƌŐĂŶŝǌĂƟŽŶƐĂƐƐŽĐŝĂƚĞĚǁŝƚŚƚĞƌƌŽƌŝƐŵ͘ xix) PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE ^
Zs/
^KZ
Yh/WD
Ed͘ dŽƚŚĞĞǆƚĞŶƚĂƉƉůŝĐĂďůĞ͕^ƵƉƉůŝĞƌĐĞƌƟĮĞƐƚŚĂƚĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨ ƚŚŝƐŐƌĞĞŵĞŶƚŝƚǁŝůůĐŽŵƉůǇǁŝƚŚĂƉƉůŝĐĂďůĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨϮ͘&͘Z͘ΑϮϬϬ͘Ϯϭϲ͘ xx) DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier ĐĞƌƟĮĞƐƚŚĂƚĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͕^ƵƉƉůŝĞƌǁŝůůĐŽŵƉůǇǁŝƚŚĂƉƉůŝĐĂďůĞ ƌĞƋƵŝƌĞŵĞŶƚƐŽĨϮ͘&͘Z͘ΑϮϬϬ͘ϯϮϮ͘
ƌƟĐůĞϮ͗
^ŽƵƌĐĞǁĞůůĂŶĚ^ƵƉƉůŝĞƌKďůŝŐĂƟŽŶƐ
dŚĞdĞƌŵƐŝŶƚŚŝƐƌƟĐůĞϮƌĞůĂƚĞƐƉĞĐŝĮĐĂůůǇƚŽ^ŽƵƌĐĞǁĞůůĂŶĚŝƚƐĂĚŵŝŶŝƐƚƌĂƟŽŶŽĨƚŚŝƐDĂƐƚĞƌ ŐƌĞĞŵĞŶƚǁŝƚŚ^ƵƉƉůŝĞƌĂŶĚ^ƵƉƉůŝĞƌ͛ƐŽďůŝŐĂƟŽŶƐƚŚĞƌĞƵŶĚĞƌ͘ 1) Authorized Sellers͘^ƵƉƉůŝĞƌŵƵƐƚƉƌŽǀŝĚĞ^ŽƵƌĐĞǁĞůůĂĐƵƌƌĞŶƚŵĞĂŶƐƚŽǀĂůŝĚĂƚĞŽƌĂƵƚŚĞŶƟĐĂƚĞ ^ƵƉƉůŝĞƌ͛ƐĂƵƚŚŽƌŝǌĞĚĚĞĂůĞƌƐ͕ĚŝƐƚƌŝďƵƚŽƌƐ͕ŽƌƌĞƐĞůůĞƌƐǁŚŝĐŚŵĂǇĐŽŵƉůĞƚĞƚƌĂŶƐĂĐƟŽŶƐŽĨ/ŶĐůƵĚĞĚ ^ŽůƵƟŽŶƐŽīĞƌĞĚƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚ͘^ŽƵƌĐĞǁĞůůŵĂǇƌĞƋƵĞƐƚƵƉĚĂƚĞĚŝŶĨŽƌŵĂƟŽŶŝŶŝƚƐ ĚŝƐĐƌĞƟŽŶ͕ĂŶĚ^ƵƉƉůŝĞƌĂŐƌĞĞƐƚŽƉƌŽǀŝĚĞƌĞƋƵĞƐƚĞĚŝŶĨŽƌŵĂƟŽŶǁŝƚŚŝŶĂƌĞĂƐŽŶĂďůĞƟŵĞ͘ 2) WƌŽĚƵĐƚĂŶĚWƌŝĐĞŚĂŶŐĞƐZĞƋƵŝƌĞŵĞŶƚƐ͘ ^ƵƉƉůŝĞƌŵĂǇƌĞƋƵĞƐƚ/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐchanges, ĂĚĚŝƟŽŶƐ͕ŽƌĚĞůĞƟŽŶƐĂƚĂŶǇƟŵĞ͘ůůƌĞƋƵĞƐƚƐŵƵƐƚďĞŵĂĚĞŝŶǁƌŝƟŶŐďǇƐƵďŵŝƫŶŐĂ^ŽƵƌĐĞǁĞůů WƌŝĐĞĂŶĚWƌŽĚƵĐƚŚĂŶŐĞZĞƋƵĞƐƚ&ŽƌŵƚŽ^ŽƵƌĐĞǁĞůů͘ƚĂŵŝŶŝŵƵŵ͕ƚŚĞƌĞƋƵĞƐƚŵƵƐƚ͗ x /ĚĞŶƟĨǇƚŚĞĂƉƉůŝĐĂďůĞ^ŽƵƌĐĞǁĞůůŐƌĞĞŵĞŶƚŶƵŵďĞƌ͖
x ůĞĂƌůǇƐƉĞĐŝĨǇƚŚĞƌĞƋƵĞƐƚĞĚĐŚĂŶŐĞ͖
"!

#

4.A.j
Packet Pg. 221 Attachment: Sourcewell - FAYAT Contract 062425 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and 062425-FAY
v052824 8
x WƌŽǀŝĚĞƐƵĸĐŝĞŶƚĚĞƚĂŝůƚŽũƵƐƟĨǇƚŚĞƌĞƋƵĞƐƚĞĚĐŚĂŶŐĞ͖ x /ŶĚŝǀŝĚƵĂůůǇůŝƐƚĂůů/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐĂīĞĐƚĞĚďǇƚŚĞƌĞƋƵĞƐƚĞĚĐŚĂŶŐĞ͕ĂůŽŶŐǁŝƚŚƚŚĞ ƌĞƋƵĞƐƚĞĚĐŚĂŶŐĞ;Ğ͘Ő͕͘ĂĚĚŝƟŽŶ͕ĚĞůĞƟŽŶ͕ƉƌŝĐĞĐŚĂŶŐĞͿ͖ĂŶĚ x /ŶĐůƵĚĞĂĐŽŵƉůĞƚĞƌĞƐƚĂƚĞŵĞŶƚŽĨWƌŝĐŝŶŐ>ŝƐƚǁŝƚŚƚŚĞĞīĞĐƟǀĞĚĂƚĞŽĨƚŚĞŵŽĚŝĮĞĚƉƌŝĐŝŶŐ͕ ŽƌƉƌŽĚƵĐƚĂĚĚŝƟŽŶŽƌĚĞůĞƟŽŶ͘dŚĞŶĞǁƉƌŝĐŝŶŐƌĞƐƚĂƚĞŵĞŶƚŵƵƐƚŝŶĐůƵĚĞĂůů/ŶĐůƵĚĞĚ ^ŽůƵƟŽŶƐŽīĞƌĞĚ͕ĞǀĞŶĨŽƌƚŚŽƐĞŝƚĞŵƐǁŚĞƌĞƉƌŝĐŝŶŐƌĞŵĂŝŶƐƵŶĐŚĂŶŐĞĚ͘ ĨƵůůǇĞǆĞĐƵƚĞĚ^ŽƵƌĐĞǁĞůůWƌŝĐĞĂŶĚWƌŽĚƵĐƚŚĂŶŐĞZĞƋƵĞƐƚ&ŽƌŵǁŝůůďĞĐŽŵĞĂŶĂŵĞŶĚŵĞŶƚƚŽ ƚŚŝƐŐƌĞĞŵĞŶƚĂŶĚǁŝůůďĞŝŶĐŽƌƉŽƌĂƚĞĚďǇƌĞĨĞƌĞŶĐĞ͘
ϯͿ ƵƚŚŽƌŝǌĞĚZĞƉƌĞƐĞŶƚĂƟǀĞ͘ ^ƵƉƉůŝĞƌǁŝůůĂƐƐŝŐŶĂŶƵƚŚŽƌŝǌĞĚZĞƉƌĞƐĞŶƚĂƟǀĞƚŽ^ŽƵƌĐĞǁĞůůĨŽƌƚŚŝƐ ŐƌĞĞŵĞŶƚĂŶĚŵƵƐƚƉƌŽǀŝĚĞƉƌŽŵƉƚŶŽƟĐĞƚŽ^ŽƵƌĐĞǁĞůůŝĨƚŚĂƚƉĞƌƐŽŶŝƐĐŚĂŶŐĞĚ͘dŚĞƵƚŚŽƌŝǌĞĚ ZĞƉƌĞƐĞŶƚĂƟǀĞǁŝůůďĞƌĞƐƉŽŶƐŝďůĞĨŽƌ͗
x DĂŝŶƚĞŶĂŶĐĞĂŶĚŵĂŶĂŐĞŵĞŶƚŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͖
x dŝŵĞůǇƌĞƐƉŽŶƐĞƚŽĂůů^ŽƵƌĐĞǁĞůůĂŶĚWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇŝŶƋƵŝƌŝĞƐ͖ĂŶĚ
x WĂƌƟĐŝƉĂƟŽŶŝŶƌĞǀŝĞǁƐǁŝƚŚ^ŽƵƌĐĞǁĞůů͘
^ŽƵƌĐĞǁĞůůΖƐƵƚŚŽƌŝǌĞĚZĞƉƌĞƐĞŶƚĂƟǀĞŝƐŝƚƐŚŝĞĨWƌŽĐƵƌĞŵĞŶƚKĸĐĞƌ. 4) Performance Reviews. Supplier will ƉĞƌĨŽƌŵĂŵŝŶŝŵƵŵŽĨŽŶĞƌĞǀŝĞǁǁŝƚŚ^ŽƵƌĐĞǁĞůůƉĞƌ ĂŐƌĞĞŵĞŶƚǇĞĂƌ͘dŚĞƌĞǀŝĞǁǁŝůůĐŽǀĞƌƚƌĂŶƐĂĐƟŽŶƐƚŽWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐ͕ƉƌŝĐŝŶŐĂŶĚƚĞƌŵƐ͕
ĂĚŵŝŶŝƐƚƌĂƟǀĞĨĞĞƐ͕ƐĂůĞƐĚĂƚĂƌĞƉŽƌƚƐ͕ƉĞƌĨŽƌŵĂŶĐĞŝƐƐƵĞƐ͕ƐƵƉƉůǇ chain issues, customer issues, and ĂŶǇŽƚŚĞƌŶĞĐĞƐƐĂƌǇŝŶĨŽƌŵĂƟŽŶ͘
5) ^ĂůĞƐZĞƉŽƌƟŶŐZĞƋƵŝƌĞĚ͘ ^ƵƉƉůŝĞƌŝƐƌĞƋƵŝƌĞĚĂƐĂŵĂƚĞƌŝĂůĞůĞŵĞŶƚƚŽƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚƚŽ ƌĞƉŽƌƚĂůůĐŽŵƉůĞƚĞĚƚƌĂŶƐĂĐƟŽŶƐǁŝƚŚWĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐƵƟůŝǌŝŶŐƚŚŝƐŐƌĞĞŵĞŶƚ͘&ĂŝůƵƌĞƚŽ
provide complete and accurate ƌĞƉŽƌƚƐĂƐĚĞĮŶĞĚŚĞƌĞŝŶǁŝůůďĞĂŵĂƚĞƌŝĂůďƌĞĂĐŚŽĨƚŚĞŐƌĞĞŵĞŶƚ ĂŶĚ^ŽƵƌĐĞǁĞůůƌĞƐĞƌǀĞƐƚŚĞƌŝŐŚƚƚŽƉƵƌƐƵĞĂůůƌĞŵĞĚŝĞƐĂǀĂŝůĂďůĞĂƚůĂǁŝŶĐůƵĚŝŶŐĐĂŶĐĞůůĂƟŽŶŽĨ this Agreement.
6) ZĞƉŽƌƟŶŐZĞƋƵŝƌĞŵĞŶƚƐ͘ ^ƵƉƉůŝĞƌŵƵƐƚƉƌŽǀŝĚĞ^ŽƵƌĐĞǁĞůůĂŶĂĐƟǀŝƚǇƌĞƉŽƌƚŽĨĂůůƚƌĂŶƐĂĐƟŽŶƐ ĐŽŵƉůĞƚĞĚƵƟůŝǌŝŶŐƚŚŝƐŐƌĞĞŵĞŶƚ͘ZĞƉŽƌƚƐĂƌĞĚƵĞĂƚůĞĂƐƚŽŶĐĞĞĂĐŚĐĂůĞŶĚĂƌƋƵĂƌƚĞƌ;ZĞƉŽƌƟŶŐ WĞƌŝŽĚͿ͘ZĞƉŽƌƚƐŵƵƐƚďĞƌĞĐĞŝǀĞĚŶŽůĂƚĞƌƚŚĂŶϰϱĐĂůĞŶĚĂƌĚĂǇƐĂŌĞƌƚŚĞĞŶĚŽĨĞĂch calendar ƋƵĂƌƚĞƌ͘^ƵƉƉůŝĞƌŵĂǇƌĞƉŽƌƚŽŶĂŵŽƌĞĨƌĞƋƵĞŶƚďĂƐŝƐŝŶŝƚƐĚŝƐĐƌĞƟŽŶ͘ZĞƉŽƌƚƐŵƵƐƚďĞƉƌŽǀŝĚĞĚ ƌĞŐĂƌĚůĞƐƐŽĨƚŚĞĂŵŽƵŶƚŽĨĐŽŵƉůĞƚĞĚƚƌĂŶƐĂĐƟŽŶƐĚƵƌŝŶŐƚŚĂƚƋƵĂƌƚĞƌ;ŝ͘Ğ͕͘ŝĨƚŚĞƌĞĂƌĞŶŽƐĂůĞƐ͕ Supplier must submit a ƌĞƉŽƌƚŝŶĚŝĐĂƟŶŐŶŽƐĂůĞƐǁĞƌĞŵĂĚĞͿ͘ dŚĞZĞƉŽƌƚŵƵƐƚĐŽŶƚĂŝŶƚŚĞĨŽůůŽǁŝŶŐĮĞůĚƐ͗
x WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇEĂŵĞ;Ğ͘Ő͕͘ŝƚǇŽĨ^ƚĂƉůĞƐ,ŝŐŚǁĂǇĞƉĂƌƚŵĞŶƚͿ͖
x WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇWŚǇƐŝĐĂů^ƚƌĞĞƚĚĚƌĞƐƐ͖
x WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇŝƚǇ͖
x WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇ^ƚĂƚĞͬWƌŽǀŝŶĐĞ͖
x WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇŝƉͬWŽƐƚĂůŽĚĞ͖
x ^ŽƵƌĐĞǁĞůůWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇAccount Number;
x dƌĂŶƐĂĐƟŽŶĞƐĐƌŝƉƟŽŶ͖
x dƌĂŶƐĂĐƟŽŶWƵƌĐŚĂƐĞĚWƌŝĐĞ͖
x ^ŽƵƌĐĞǁĞůůĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƉƉůŝĞĚ͖ĂŶĚ
"!

#

4.A.j
Packet Pg. 222 Attachment: Sourcewell - FAYAT Contract 062425 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and 062425-FAY
v052824 9
x ĂƚĞdƌĂŶƐĂĐƟŽŶǁĂƐŝŶǀŽŝĐĞĚͬƐĂůĞǁĂƐƌĞĐŽŐŶŝǌĞĚĂƐƌĞǀĞŶƵĞďǇ^ƵƉƉůŝĞƌ͘ /Ĩcollected by Supplier, ƚŚĞZĞƉŽƌƚŵĂǇŝŶĐůƵĚĞƚŚĞĨŽůůŽǁŝŶŐĮĞůĚƐĂƐĂǀĂŝůĂďůĞ͗ x WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇŽŶƚĂĐƚEĂŵĞ͖
x WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇŽŶƚĂĐƚ
ŵĂŝůĚĚƌĞƐƐ͖
x WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇŽŶƚĂĐƚdĞůĞƉŚŽŶĞEƵŵďĞƌ͖
7) ĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞ͘ /ŶĐŽŶƐŝĚĞƌĂƟŽŶĨŽƌƚŚĞƐƵƉƉŽƌƚĂŶĚƐĞƌǀŝĐĞƐƉƌŽǀŝĚĞĚďǇ^ŽƵƌĐĞǁĞůů͕^ƵƉƉůŝĞƌ ǁŝůůƉĂǇĂŶĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƚŽ^ŽƵƌĐĞǁĞůůŽŶĂůůĐŽŵƉůĞƚĞĚƚƌĂŶƐĂĐƟŽŶƐƚŽWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐ
ƵƟůŝǌŝŶŐƚŚŝƐŐƌĞĞŵĞŶƚ͘^ƵƉƉůŝĞƌǁŝůůŝŶĐůƵĚĞŝƚƐĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞǁŝƚŚin its proposed pricing. ^ƵƉƉůŝĞƌŵĂǇŶŽƚĚŝƌĞĐƚůǇĐŚĂƌŐĞWĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐƚŽŽīƐĞƚƚŚĞĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞ͘
ϴͿ &ĞĞĂůĐƵůĂƟŽŶ͘ ^ƵƉƉůŝĞƌ͛ƐĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƉĂǇĂďůĞƚŽ^ŽƵƌĐĞǁĞůůǁŝůůďĞĐĂůĐƵůĂƚĞĚĂƐĂƐƚĂƚĞĚ ƉĞƌĐĞŶƚĂŐĞ;ůŝƐƚĞĚŝŶ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂůͿŽĨĂůůĐŽŵƉůĞƚĞĚƚƌĂŶƐĂĐƟŽŶƐƵƟůŝǌŝŶŐƚŚŝƐDĂƐƚĞƌ ŐƌĞĞŵĞŶƚǁŝƚŚŝŶƚŚĞƉƌĞĐĞĚŝŶŐZĞƉŽƌƟŶŐWĞƌŝŽĚ͘ For certain categories, a ŇĂƚĨĞĞ may be proposed. dŚĞĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞǁŝůůďĞƐƚĂƚĞĚŝŶ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂů. 9) &ĞĞZĞŵŝƩĂŶĐĞ͘ ^ƵƉƉůŝĞƌǁŝůůƌĞŵŝƚĨĞĞƚŽ^ŽƵƌĐĞǁĞůůŶŽůĂƚĞƌƚŚĂŶϰϱĐĂůĞŶĚĂƌĚĂǇƐĂŌĞƌƚŚĞĐůŽƐĞ ŽĨƚŚĞƉƌĞĐĞĚŝŶŐĐĂůĞŶĚĂƌƋƵĂƌƚĞƌŝŶĐŽŶũƵŶĐƟŽŶǁŝƚŚ^ƵƉƉůŝĞƌ͛ƐZĞƉŽƌƟŶŐWĞƌŝŽĚŽďůŝŐĂƟŽŶƐ ĚĞĮŶĞĚŚĞƌĞŝŶ͘WĂǇŵĞŶƚƐƐŚŽƵůĚŶŽƚĞƚŚĞ^ƵƉƉůŝĞƌ͛ƐŶĂŵĞĂŶĚ^ŽƵƌĐĞǁĞůů-assigned Agreement number in the memo; and must be either mailed to Sourcewell ĂďŽǀĞ͞ƩŶ͗ĐĐŽƵŶƚƐZĞĐĞŝǀĂďůĞ͟Žƌ ƌĞŵŝƩĞĚĞůĞĐƚƌŽŶŝĐĂůůǇƚŽ^ŽƵƌĐĞǁĞůů͛ƐďĂŶŬŝŶŐŝŶƐƟƚƵƟŽŶƉĞƌ^ŽƵƌĐĞǁĞůů͛Ɛ&ŝŶĂŶĐĞĚĞƉĂƌƚŵĞŶƚ ŝŶƐƚƌƵĐƟŽŶƐ͘
10) Noncompliance. Sourcewell reserves the right to seek all remedies available ĂƚůĂǁĨŽƌƵŶƉĂŝĚŽƌ ƵŶĚĞƌƉĂŝĚĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƐĚƵĞƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚ͘&ĂŝůƵƌĞƚŽƌĞŵŝƚƉĂǇŵĞŶƚ͕ĚĞůŝŶƋƵĞŶƚ payments͕ƵŶĚĞƌƉĂǇŵĞŶƚƐ͕ŽƌŽƚŚĞƌĚĞǀŝĂƟŽŶƐĨƌŽŵƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨƚŚŝƐŐƌĞĞŵĞŶƚŵĂǇďĞ ĚĞĞŵĞĚĂŵĂƚĞƌŝĂůďƌĞĂĐŚĂŶĚŵĂǇƌĞƐƵůƚŝŶĐĂŶĐĞůůĂƟŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚĂŶĚĚŝƐďĂƌŵĞŶƚĨƌŽŵ ĨƵƚƵƌĞŐƌĞĞŵĞŶƚƐ͘
11) Audit Requirements. Pursuant to Minn. Stat. Α 16C.05, subdivision 5, the books, records, ĚŽĐƵŵĞŶƚƐ͕ĂŶĚĂĐĐŽƵŶƟŶŐƉƌŽĐĞĚƵƌĞƐĂŶĚƉƌĂĐƟĐĞƐƌĞůĞǀĂŶƚƚŽƚŚŝƐŐƌĞĞŵĞŶƚĂƌĞƐƵďũĞĐƚƚŽ ĞǆĂŵŝŶĂƟŽŶďǇ^ŽƵƌĐĞǁĞůůand ƚŚĞDŝŶŶĞƐŽƚĂ^ƚĂƚĞƵĚŝƚŽƌĨŽƌĂŵŝŶŝŵƵŵŽĨƐŝǆǇĞĂƌƐĨƌŽŵƚŚĞĞŶĚ ŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘^ƵƉƉůŝĞƌĂŐƌĞĞƐƚŽĨƵůůǇĐŽŽƉĞƌĂƚĞǁŝƚŚ^ŽƵƌĐĞǁĞůůŝŶĂƵĚŝƟŶŐƚƌĂŶƐĂĐƟŽŶƐƵŶĚĞƌ ƚŚŝƐŐƌĞĞŵĞŶƚƚŽĞŶƐƵƌĞĐŽŵƉůŝĂŶĐĞǁŝƚŚƉƌŝĐŝŶŐƚĞƌŵƐ͕ĐŽƌƌĞĐƚĐĂůĐƵůĂƟŽŶĂŶĚƌĞŵŝƩĂŶĐĞŽĨ ĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƐ͕ĂŶĚǀĞƌŝĮĐĂƟŽŶ ŽĨƚƌĂŶƐĂĐƟŽŶƐĂƐŵĂǇďĞƌĞƋƵĞƐƚĞĚďǇĂWĂƌƟĐŝƉĂƟŶŐ ŶƟƚǇŽƌ
Sourcewell.
12) ƐƐŝŐŶŵĞŶƚ͕dƌĂŶƐĨĞƌ͕and ĚŵŝŶŝƐƚƌĂƟǀĞŚĂŶŐĞƐ͘^ƵƉƉůŝĞƌŵĂǇŶŽƚĂƐƐŝŐŶŽƌŽƚŚĞƌǁŝƐĞƚƌĂŶƐĨĞƌŝƚƐ ƌŝŐŚƚƐŽƌŽďůŝŐĂƟŽŶƐƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚǁŝƚŚŽƵƚƚŚĞƉƌŝŽƌǁƌŝƩĞŶĐŽŶƐĞŶƚŽĨ^ŽƵƌĐĞǁĞůů͘^ƵĐŚ consent will not be unreasonably withheld. Sourcewell reserves the right to unilaterally assign all or ƉŽƌƟŽŶƐŽĨƚŚŝƐŐƌĞĞŵĞŶƚǁŝƚŚŝŶŝƚƐƐŽůĞĚŝƐĐƌĞƟŽŶƚŽĂĚĚƌĞƐƐĐŽƌƉŽƌĂƚĞƌĞƐƚƌƵĐƚƵƌŝŶŐƐ͕ŵĞƌŐĞƌƐ͕ ĂĐƋƵŝƐŝƟŽŶƐ͕ŽƌŽƚŚĞƌĐŚĂŶŐĞƐƚŽƚŚĞResponsible Party and named in the Agreement. Any prohibited assignment is ŝŶǀĂůŝĚ͘hƉŽŶƌĞƋƵĞƐƚ ^ŽƵƌĐĞǁĞůůŵĂǇŵĂŬĞĂĚŵŝŶŝƐƚƌĂƟǀĞĐŚĂŶŐĞƐƚŽĂŐƌĞĞŵĞŶƚ ĚŽĐƵŵĞŶƚĂƟŽŶƐƵĐŚĂƐŶĂŵĞĐŚĂŶŐĞƐ͕ĂĚĚƌĞƐƐĐŚĂŶŐĞƐ͕ĂŶĚŽƚŚĞƌŶŽŶ-material updates as determined ǁŝƚŚŝŶŝƚƐƐŽůĞĚŝƐĐƌĞƟŽŶ͘
"!

#

4.A.j
Packet Pg. 223 Attachment: Sourcewell - FAYAT Contract 062425 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and 062425-FAY
v052824 10
ϭϯͿ Amendments. ŶǇŵĂƚĞƌŝĂůĐŚĂŶŐĞƚŽƚŚŝƐŐƌĞĞŵĞŶƚŵƵƐƚďĞĞǆĞĐƵƚĞĚŝŶǁƌŝƟŶŐƚŚƌŽƵŐŚĂŶ ĂŵĞŶĚŵĞŶƚĂŶĚǁŝůůŶŽƚďĞĞīĞĐƟǀĞƵŶƟůŝƚŚĂƐďĞĞŶĚƵůǇĞǆĞĐƵƚĞĚďǇƚŚĞƉĂƌƟĞƐ. 14) Waiver. Failure by Sourcewell to ĞŶĨŽƌĐĞany right under this Agreement will not be deemed a waiver ŽĨƐƵĐŚƌŝŐŚƚŝŶƚŚĞĞǀĞŶƚŽĨƚŚĞĐŽŶƟŶƵĂƟŽŶŽƌƌĞƉĞƟƟŽŶŽĨƚŚĞĐŝƌĐƵŵƐƚĂŶĐĞƐŐŝǀŝŶŐƌŝƐĞƚŽƐƵĐŚ right.
15) ŽŵƉůĞƚĞŐƌĞĞŵĞŶƚ͘ dŚŝƐŐƌĞĞŵĞŶƚƌĞƉƌĞƐĞŶƚƐƚŚĞĐŽŵƉůĞƚĞĂŐƌĞĞŵĞŶƚďĞƚǁĞĞŶƚŚĞƉĂƌƟĞƐ ĨŽƌ ƚŚĞƐĐŽƉĞĂƐĚĞĮŶĞĚŚĞƌĞŝŶ͘^ƵƉƉůŝĞƌĂŶĚ^ŽƵƌĐĞǁĞůůŵĂǇĞŶƚĞƌŝŶƚŽƐĞƉĂƌĂƚĞǁƌŝƩĞŶĂŐƌĞĞŵĞŶƚƐ ƌĞůĂƟŶŐƐƉĞĐŝĮĐĂůůǇƚŽƚƌĂŶƐĂĐƟŽŶƐŽƵƚƐŝĚĞŽĨƚŚĞƐĐŽƉĞŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘ 16) ZĞůĂƟŽŶƐŚŝƉŽĨ^ŽƵƌĐĞǁĞůůĂŶĚ^ƵƉƉůŝĞƌ͘ This Agreement does not create a partnership, joint ǀĞŶƚƵƌĞ͕ŽƌĂŶǇŽƚŚĞƌƌĞůĂƟŽŶƐŚŝƉƐƵĐŚĂƐĞŵƉůŽǇĞĞ͕ŝŶĚĞƉĞŶĚĞŶƚĐŽŶƚƌĂĐƚŽƌ͕ŵĂƐƚĞƌ-servant, or principal-agent.
17) /ŶĚĞŵŶŝĮĐĂƟŽŶ͘ ^ƵƉƉůŝĞƌŵƵƐƚŝŶĚĞŵŶŝĨǇ͕ĚĞĨĞŶĚ͕ƐĂǀĞ͕ĂŶĚŚŽůĚ^ŽƵƌĐĞǁĞůů͕ŝŶĐůƵĚŝŶŐƚŚĞŝƌĂŐĞŶƚƐ ĂŶĚĞŵƉůŽǇĞĞƐ͕ŚĂƌŵůĞƐƐĨƌŽŵĂŶǇĐůĂŝŵƐŽƌĐĂƵƐĞƐŽĨĂĐƟŽŶ͕ŝŶĐůƵĚŝŶŐĂƩŽƌŶĞǇƐ͛ĨĞĞƐŝŶĐƵƌƌĞĚďǇ ^ŽƵƌĐĞǁĞůů͕ĂƌŝƐŝŶŐŽƵƚŽĨĂŶǇĂĐƚŽƌŽŵŝƐƐŝŽŶŝŶƚŚĞƉĞƌĨŽƌŵĂŶĐĞŽĨƚŚŝƐ Agreement by the Supplier ŽƌŝƚƐĂŐĞŶƚƐŽƌĞŵƉůŽǇĞĞƐ͖ƚŚŝƐŝŶĚĞŵŶŝĮĐĂƟŽŶŝŶĐůƵĚĞƐŝŶũƵƌǇŽƌĚĞĂƚŚƚŽƉĞƌƐŽŶ;ƐͿŽƌƉƌŽƉĞƌƚǇ ĂůůĞŐĞĚƚŽŚĂǀĞďĞĞŶĐĂƵƐĞĚďǇƐŽŵĞĚĞĨĞĐƚŝŶĚĞƐŝŐŶ͕ĐŽŶĚŝƟŽŶ͕ŽƌƉĞƌĨŽƌŵĂŶĐĞŽĨ/ŶĐůƵĚĞĚ ^ŽůƵƟŽŶƐƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚ͘^ŽƵƌĐĞǁĞůů͛ƐƌĞƐƉŽŶƐŝďŝůŝƚǇǁŝůůďĞŐŽǀĞƌŶĞĚďǇƚŚĞ^ƚĂƚĞŽĨ DŝŶŶĞƐŽƚĂ͛ƐdŽƌƚ>ŝĂďŝůŝƚǇĐƚ;DŝŶŶĞƐŽƚĂ^ƚĂƚƵƚĞƐŚĂƉƚĞƌϰϲϲͿĂŶĚŽƚŚĞƌĂƉƉůŝĐĂďůĞůĂǁ͘ ϭϴͿ ĂƚĂWƌĂĐƟĐĞƐ͘ Supplier and Sourcewell acknowledge Sourcewell is subject to the Minnesota 'ŽǀĞƌŶŵĞŶƚĂƚĂWƌĂĐƟĐĞƐĐƚ͕DŝŶŶĞƐŽƚĂ^ƚĂƚƵƚĞƐŚĂƉƚĞƌϭϯ͘ƐŝƚĂƉƉůŝĞƐƚŽĂůůĚĂƚĂĐƌĞĂƚĞĚĂŶĚ ŵĂŝŶƚĂŝŶĞĚŝŶƉĞƌĨŽƌŵĂŶĐĞŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͕^ƵƉƉůŝĞƌŵĂǇďĞƐƵďũĞĐƚƚŽƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨƚŚŝƐ chapter.
19) Grant of License.
a) ƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͗
i) ^ƵƉƉůŝĞƌWƌŽŵŽƟŽŶ͘ Sourcewell grants to Supplier a royalty-ĨƌĞĞ͕ǁŽƌůĚǁŝĚĞ͕ŶŽŶ-exclusive ƌŝŐŚƚĂŶĚůŝĐĞŶƐĞƚŽƵƐĞƚŚĞƚƌĂĚĞŵĂƌŬ;ƐͿƉƌŽǀŝĚĞĚƚŽ^ƵƉƉůŝĞƌďǇ^ŽƵƌĐĞǁĞůůŝŶĂĚǀĞƌƟƐŝŶŐ͕ ƉƌŽŵŽƟŽŶĂůŵĂƚĞƌŝĂůƐ͕ĂŶĚŝŶĨŽƌŵĂƟŽŶĂůƐŝƚĞƐĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨŵĂƌŬĞƟŶŐ^ŽƵƌĐĞǁĞůů͛Ɛ Agreement with Supplier.
ii) ^ŽƵƌĐĞǁĞůůWƌŽŵŽƟŽŶ͘ Supplier grants to Sourcewell a royalty-ĨƌĞĞ͕ǁŽƌůĚǁŝĚĞ͕ŶŽŶĞǆĐůƵƐŝǀĞƌŝŐŚƚĂŶĚůŝĐĞŶƐĞƚŽƵƐĞ^ƵƉƉůŝĞƌ͛ƐƚƌĂĚĞŵĂƌŬƐŝŶĂĚǀĞƌƟƐŝŶŐ͕ƉƌŽŵŽƟŽŶĂů ŵĂƚĞƌŝĂůƐ͕ĂŶĚŝŶĨŽƌŵĂƟŽŶĂůƐŝƚĞƐĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨŵĂƌŬĞƟŶŐ^ƵƉƉůŝĞƌ͛ƐŐƌĞĞŵĞŶƚǁŝƚŚ Sourcewell.
b) >ŝŵŝƚĞĚZŝŐŚƚŽĨ^ƵďůŝĐĞŶƐĞ͘ dŚĞƌŝŐŚƚĂŶĚůŝĐĞŶƐĞŐƌĂŶƚĞĚŚĞƌĞŝŶŝŶĐůƵĚĞƐĂůŝŵŝƚĞĚƌŝŐŚƚŽĨĞĂĐŚ ƉĂƌƚǇƚŽŐƌĂŶƚƐƵďůŝĐĞŶƐĞƐƚŽƚŚĞŝƌƌĞƐƉĞĐƟǀĞƐƵďƐŝĚŝĂƌŝĞƐ͕ĚŝƐƚƌŝďƵƚŽƌƐ͕ĚĞĂůĞƌƐ͕ƌĞƐĞůůĞƌƐ͕ ŵĂƌŬĞƟŶŐƌĞƉƌĞƐĞŶƚĂƟǀĞƐ͕ƉĂƌƚŶĞƌƐ͕ŽƌĂŐĞŶƚƐ;ĐŽůůĞĐƟǀĞůǇ͞WĞƌŵŝƩĞĚ^ƵďůŝĐĞŶƐĞĞƐ͟ͿŝŶ ĂĚǀĞƌƟƐŝŶŐ͕ƉƌŽŵŽƟŽŶĂů͕ŽƌŝŶĨŽƌŵĂƟŽŶĂůŵĂƚĞƌŝĂůƐĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨŵĂƌŬĞƟŶŐƚŚĞWĂƌƟĞƐ͛ ƌĞůĂƟŽŶƐŚŝƉ͘ŶǇƐƵďůŝĐĞŶƐĞŐƌĂŶƚĞĚǁŝůůďĞƐƵďũĞĐƚƚŽƚŚĞƚĞƌŵƐĂŶĚĐŽŶĚŝƟŽŶƐŽĨƚŚŝƐƌƟĐůĞ͘ "!

#

4.A.j
Packet Pg. 224 Attachment: Sourcewell - FAYAT Contract 062425 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and 062425-FAY
v052824 11

ĂĐŚƉĂƌƚǇǁŝůůďĞƌĞƐƉŽŶƐŝďůĞĨŽƌĂŶǇďƌĞĂĐŚŽĨƚŚŝƐƐĞĐƟŽŶ ďǇĂŶǇŽĨƚŚĞŝƌƌĞƐƉĞĐƟǀĞ sublicensees.
c) hƐĞ͖YƵĂůŝƚǇŽŶƚƌŽů͘
i) EĞŝƚŚĞƌƉĂƌƚǇŵĂǇĂůƚĞƌƚŚĞŽƚŚĞƌƉĂƌƚǇ͛ƐƚƌĂĚĞŵĂƌŬƐĨƌŽŵƚŚĞĨŽƌŵƉƌŽǀŝĚĞĚĂŶĚŵƵƐƚ ĐŽŵƉůǇǁŝƚŚƌĞŵŽǀĂůƌĞƋƵĞƐƚƐĂƐƚŽƐƉĞĐŝĮĐƵƐĞƐŽĨŝƚƐƚƌĂĚĞŵĂƌŬƐŽƌůŽŐŽƐ. ii)
ĂĐŚƉĂƌƚǇĂŐƌĞĞƐƚŽƵƐĞ͕ĂŶĚƚŽĐĂƵƐĞŝƚƐWĞƌŵŝƩĞĚ^ƵďůŝĐĞŶƐĞĞƐƚŽƵƐĞ͕ƚŚĞŽƚŚĞƌƉĂƌƚǇ͛Ɛ ƚƌĂĚĞŵĂƌŬƐŽŶůǇŝŶŐŽŽĚĨĂŝƚŚĂŶĚŝŶĂĚŝŐŶŝĮĞĚŵĂŶŶĞƌĐŽŶƐŝƐƚĞŶƚǁŝƚŚƐƵĐŚƉĂƌƚǇ͛ƐƵƐĞŽĨ ƚŚĞƚƌĂĚĞŵĂƌŬƐ͘
ĂĐŚƉĂƌƚǇŵĂǇŵĂŬĞǁƌŝƩĞŶŶŽƟĐĞƚŽƚŚĞŽƚŚĞƌƌĞŐĂƌĚŝŶg misuse under ƚŚŝƐƐĞĐƟŽŶ͘dŚĞŽīĞŶĚŝŶŐƉĂƌƚǇǁŝůůŚĂǀĞϯϬĚĂǇƐŽĨƚŚĞĚĂƚĞŽĨƚŚĞǁƌŝƩĞŶŶŽƟĐĞƚŽĐƵƌĞ ƚŚĞŝƐƐƵĞŽƌƚŚĞůŝĐĞŶƐĞͬƐƵďůŝĐĞŶƐĞǁŝůůďĞƚĞƌŵŝŶĂƚĞĚ͘ d) dĞƌŵŝŶĂƟŽŶ͘ hƉŽŶƚŚĞƚĞƌŵŝŶĂƟŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚĨŽƌĂŶǇƌĞĂƐŽŶ͕ĞĂĐŚƉĂƌƚǇ͕ŝŶĐůƵĚŝŶŐ WĞƌŵŝƩĞĚ^ƵďůŝĐĞŶƐĞĞƐ͕ǁŝůůŚĂǀĞϯϬĚĂǇƐƚŽƌĞŵŽǀĞĂůůdƌĂĚĞŵĂƌŬƐĨƌŽŵƐŝŐŶĂŐĞ͕ǁĞďƐŝƚĞƐ͕ĂŶĚ ƚŚĞůŝŬĞďĞĂƌŝŶŐƚŚĞŽƚŚĞƌƉĂƌƚǇ͛ƐŶĂŵĞŽƌůŽŐŽ;ĞǆĐĞƉƟŶŐ^ŽƵƌĐĞǁĞůů͛ƐƉƌĞ-printed ĐĂƚĂůŽŐŽĨ ƐƵƉƉůŝĞƌƐǁŚŝĐŚŵĂǇďĞƵƐĞĚƵŶƟůƚŚĞŶĞǆƚƉƌŝŶƟŶŐͿ͘^ƵƉƉůŝĞƌŵƵƐƚƌĞƚƵƌŶĂůůŵĂƌŬĞƟŶŐĂŶĚ ƉƌŽŵŽƟŽŶĂůŵĂƚĞƌŝĂůƐ͕ŝŶĐůƵĚŝŶŐƐŝŐŶĂŐĞ͕ƉƌŽǀŝĚĞĚďǇ^ŽƵƌĐĞǁĞůů͕ŽƌĚŝƐƉŽƐĞŽĨŝƚĂĐĐŽƌĚŝŶŐƚŽ ^ŽƵƌĐĞǁĞůů͛ƐǁƌŝƩĞŶĚŝƌĞĐƟŽŶƐ͘
20) sĞŶƵĞĂŶĚ'ŽǀĞƌŶŝŶŐůĂǁďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůůĂŶĚ^ƵƉƉůŝĞƌKŶůǇ͘ dŚĞƐƵďƐƚĂŶƟǀĞĂŶĚƉƌŽĐĞĚƵƌĂů ůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂǁŝůůŐŽǀĞƌŶƚŚŝƐŐƌĞĞŵĞŶƚďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůůĂŶĚ^ƵƉƉůŝĞƌ͘sĞŶƵĞ ĨŽƌĂůůůĞŐĂůƉƌŽĐĞĞĚŝŶŐƐĂƌŝƐŝŶŐŽƵƚŽĨƚŚŝƐŐƌĞĞŵĞŶƚďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůůĂŶĚ^ƵƉƉůŝĞƌǁŝůůďĞŝŶ ĐŽƵƌƚŽĨĐŽŵƉĞƚĞŶƚũƵƌŝƐĚŝĐƟŽŶǁŝƚŚŝŶƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ͘dŚŝƐƐĞĐƟŽŶĚŽĞƐŶŽƚĂƉƉůǇƚŽĂŶǇ ĚŝƐƉƵƚĞďĞƚǁĞĞŶ^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇ͘dŚŝƐŐƌĞĞŵĞŶƚƌĞƐĞƌǀĞƐƚŚĞƌŝŐŚƚĨŽƌ^ƵƉƉůŝĞƌĂŶĚ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇƚŽŶĞŐŽƟĂƚĞƚŚŝƐƚĞƌŵƚŽǁŝƚŚŝŶĂŶǇƚƌĂŶƐĂĐƟŽŶĚŽĐƵŵĞŶƚƐ. 21) Severability. /ĨĂŶǇƉƌŽǀŝƐŝŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚŝƐĨŽƵŶĚďǇĂĐŽƵƌƚŽĨĐŽŵƉĞƚĞŶƚũƵƌŝƐĚŝĐƟŽŶƚŽďĞ ŝůůĞŐĂů͕ƵŶĞŶĨŽƌĐĞĂďůĞ͕ŽƌǀŽŝĚƚŚĞŶďŽƚŚƉĂƌƟĞƐǁŝůůďĞƌĞůŝĞǀĞĚĨƌŽŵĂůůŽďůŝŐĂƟŽŶƐĂƌŝƐŝŶŐĨƌŽŵƚŚĂƚ ƉƌŽǀŝƐŝŽŶ͘/ĨƚŚĞƌĞŵĂŝŶĚĞƌŽĨƚŚŝƐŐƌĞĞŵĞŶƚŝƐĐĂƉĂďůĞŽĨďĞŝŶŐƉĞƌĨŽƌŵĞĚ͕ŝƚǁŝůůŶŽƚďĞĂīĞĐƚĞĚ ďǇƐƵĐŚĚĞƚĞƌŵŝŶĂƟŽŶŽƌĮŶĚŝŶŐĂŶĚŵƵƐƚďĞĨƵůůǇƉĞƌĨŽƌŵĞĚ͘ 22) /ŶƐƵƌĂŶĐĞŽǀĞƌĂŐĞ͘ At its own expense, Supplier must maintain valid insurance policy(ies) during ƚŚĞƉĞƌĨŽƌŵĂŶĐĞŽĨƚŚŝƐŐƌĞĞŵĞŶƚǁŝƚŚŝŶƐƵƌĂŶĐĞĐŽŵƉĂŶǇ;ŝĞƐͿůŝĐĞŶƐĞĚŽƌĂƵƚŚŽƌŝǌĞĚƚŽĚŽ ďƵƐŝŶĞƐƐŝŶƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂŚĂǀŝŶŐĂŶ͞D
^d͟ƌĂƟŶŐŽĨ- ŽƌďĞƩĞƌ͕ǁŝƚŚĐŽverage and
ůŝŵŝƚƐŽĨŝŶƐƵƌĂŶĐĞŶŽƚůĞƐƐƚŚĂŶƚŚĞĨŽůůŽǁŝŶŐ͗
a) Commercial General Liability Insurance. ^ƵƉƉůŝĞƌǁŝůůŵĂŝŶƚĂŝŶŝŶƐƵƌĂŶĐĞĐŽǀĞƌŝŶŐŝƚƐŽƉĞƌĂƟŽŶƐ͕ with coverage on an occurrence basis, and must be subject to terms no less broad than the /ŶƐƵƌĂŶĐĞ^ĞƌǀŝĐĞƐKĸĐĞ;͞/^K͟ͿŽŵŵĞƌĐŝĂů'ĞŶĞƌĂů>ŝĂďŝůŝƚǇ&Žƌŵ'ϬϬϬϭ;ϮϬϬϭŽƌŶĞǁĞƌ ĞĚŝƟŽŶͿ͕ŽƌĞƋƵŝǀĂůĞŶƚ͘ƚĂŵŝŶŝŵƵŵ͕ĐŽǀĞƌĂŐĞŵƵƐƚŝŶĐůƵĚĞůŝĂďŝůŝƚǇĂƌŝƐŝŶŐĨƌŽŵƉƌĞŵŝƐĞƐ͕ ŽƉĞƌĂƟŽŶƐ͕ďŽĚŝůǇŝŶũƵƌǇĂŶĚƉƌŽƉĞƌƚǇĚĂŵĂŐĞ͕ŝŶĚĞƉĞŶĚĞŶƚĐŽŶƚƌĂĐƚŽƌƐ͕ƉƌŽĚƵĐƚƐ-completed ŽƉĞƌĂƟŽŶƐŝŶĐůƵĚŝŶŐĐŽŶƐƚƌƵĐƟŽŶĚĞĨĞĐƚ͕ĐŽŶƚƌĂĐtual liability, blanket contractual liability, and ƉĞƌƐŽŶĂůŝŶũƵƌǇĂŶĚĂĚǀĞƌƟƐŝŶŐŝŶũƵƌǇ͘ůůƌĞƋƵŝƌĞĚůŝŵŝƚƐ͕ƚĞƌŵƐĂŶĚĐŽŶĚŝƟŽŶƐŽĨĐŽǀĞƌĂŐĞŵƵƐƚ ďĞŵĂŝŶƚĂŝŶĞĚĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐAgreement.
x Ψϭ͕ϱϬϬ͕ϬϬϬĞĂĐŚŽĐĐƵƌƌĞŶĐĞŽĚŝůǇ/ŶũƵƌǇĂŶĚWƌŽƉĞƌƚǇĂŵĂŐĞ x Ψϭ͕ϱϬϬ͕ϬϬϬWĞƌƐŽŶĂůĂŶĚĚǀĞƌƟƐŝŶŐ/ŶũƵƌǇ
x ΨϮ͕ϬϬϬ͕ϬϬϬĂŐŐƌĞŐĂƚĞĨŽƌƉƌŽĚƵĐƚƐůŝĂďŝůŝƚǇ-ĐŽŵƉůĞƚĞĚŽƉĞƌĂƟŽŶƐ x ΨϮ͕ϬϬϬ͕ϬϬϬŐĞŶĞƌĂůĂŐŐƌĞŐĂƚĞ
"!

#

4.A.j
Packet Pg. 225 Attachment: Sourcewell - FAYAT Contract 062425 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and 062425-FAY
v052824 12
b) ĞƌƟĮĐĂƚĞƐŽĨ/ŶƐƵƌĂŶĐĞ͘ WƌŝŽƌƚŽĞǆĞĐƵƟŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͕^ƵƉƉůŝĞƌŵƵƐƚĨƵƌŶŝƐŚƚŽ ^ŽƵƌĐĞǁĞůůĂĐĞƌƟĮĐĂƚĞŽĨŝŶƐƵƌĂŶĐĞ͕ĂƐĞǀŝĚĞŶĐĞŽĨƚŚĞŝŶƐƵƌĂŶĐĞƌĞƋƵŝƌĞĚƵŶĚĞƌƚŚŝƐ ŐƌĞĞŵĞŶƚ͘WƌŝŽƌƚŽĞǆƉŝƌĂƟŽŶŽĨƚŚĞƉŽůŝĐǇ;ŝĞƐͿ͕ƌĞŶĞǁĂůĐĞƌƟĮĐĂƚĞƐŵƵƐƚďĞŵĂŝůĞĚƚŽ Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or provided to in an ĂůƚĞƌŶĂƟǀĞŵĂŶŶĞƌĂƐĚŝƌĞĐƚĞĚďǇ^ŽƵƌĐĞǁĞůů͘dŚĞĐĞƌƟĮĐĂƚĞƐŵƵƐƚďĞƐŝŐŶĞĚďǇĂƉĞƌƐŽŶ ĂƵƚŚŽƌŝǌĞĚďǇƚŚĞŝŶƐƵƌĞƌ;ƐͿƚŽďŝŶĚĐŽǀĞƌĂŐĞŽŶƚŚĞŝƌďĞŚĂůĨ͘&ĂŝůƵƌĞŽĨ^ƵƉƉůŝĞƌƚŽŵĂŝŶƚĂŝŶƚŚĞ ƌĞƋƵŝƌĞĚŝŶƐƵƌĂŶĐĞĂŶĚĚŽĐƵŵĞŶƚĂƟŽŶŵĂǇĐŽŶƐƟƚƵƚĞĂŵĂƚĞƌŝĂůďƌĞĂĐŚ͘ c) ĚĚŝƟŽŶĂů/ŶƐƵƌĞĚ
ŶĚŽƌƐĞŵĞŶƚĂŶĚWƌŝŵĂƌǇĂŶĚEŽŶ-contributory Insurance Clause. Supplier ĂŐƌĞĞƐƚŽůŝƐƚ^ŽƵƌĐĞǁĞůů͕ŝŶĐůƵĚŝŶŐŝƚƐŽĸĐĞƌƐ͕ĂŐĞŶƚƐ͕ĂŶĚĞŵƉůŽǇĞĞƐ͕ĂƐĂŶĂĚĚŝƟŽŶĂůŝŶƐƵƌĞĚ ƵŶĚĞƌƚŚĞ^ƵƉƉůŝĞƌ͛ƐĐŽŵŵĞƌĐŝĂůŐĞŶĞƌĂůůŝĂďŝůŝƚǇŝŶƐƵƌĂŶĐĞƉŽůŝĐǇǁŝƚŚƌĞƐƉĞĐƚƚŽůŝĂďŝůŝƚǇĂƌŝƐŝŶŐ ŽƵƚŽĨĂĐƟǀŝƟĞƐ͕͞ŽƉĞƌĂƟŽŶƐ͕͟Žƌ͞ǁŽƌŬ͟ƉĞƌĨŽƌŵĞĚďǇŽƌŽŶďĞŚĂůĨŽĨ^ƵƉƉůŝĞƌ͕ĂŶĚƉƌŽĚƵĐƚƐ ĂŶĚĐŽŵƉůĞƚĞĚŽƉĞƌĂƟŽŶƐŽĨ^ƵƉƉůŝĞƌ͘dŚĞƉŽůŝĐǇƉƌŽǀŝƐŝŽŶ;ƐͿŽƌĞŶĚŽƌƐĞŵĞŶƚ;ƐͿŵƵƐƚĨƵƌƚŚĞƌ provide that coverage is primary and not excess over or contributory with any other valid, ĂƉƉůŝĐĂďůĞ͕ĂŶĚĐŽůůĞĐƟďůĞŝŶƐƵƌĂŶĐĞŽƌƐĞůĨ-ŝŶƐƵƌĂŶĐĞŝŶĨŽƌĐĞĨŽƌƚŚĞĂĚĚŝƟŽŶĂůŝŶƐƵƌĞĚƐ͘ d) tĂŝǀĞƌŽĨ^ƵďƌŽŐĂƟŽŶ͘ ^ƵƉƉůŝĞƌǁĂŝǀĞƐĂŶĚŵƵƐƚƌĞƋƵŝƌĞ;ďǇĞŶĚŽƌƐĞŵĞŶƚŽƌŽƚŚĞƌǁŝƐĞͿĂůůŝƚƐ ŝŶƐƵƌĞƌƐƚŽǁĂŝǀĞƐƵďƌŽŐĂƟŽŶƌŝŐŚƚƐĂŐĂŝŶƐƚ^ŽƵƌĐĞǁĞůůĂŶĚŽƚŚĞƌĂĚĚŝƟŽŶĂůŝŶƐƵƌĞĚƐĨŽƌůŽƐƐĞƐ ƉĂŝĚƵŶĚĞƌƚŚĞŝŶƐƵƌĂŶĐĞƉŽůŝĐŝĞƐƌĞƋƵŝƌĞĚďǇƚŚŝƐŐƌĞĞŵĞŶƚŽƌŽƚŚĞƌŝŶƐƵƌĂŶĐĞĂƉƉůŝĐĂble to ƚŚĞ^ƵƉƉůŝĞƌŽƌŝƚƐƐƵďĐŽŶƚƌĂĐƚŽƌƐ͘dŚĞǁĂŝǀĞƌŵƵƐƚĂƉƉůǇƚŽĂůůĚĞĚƵĐƟďůĞƐĂŶĚͬŽƌƐĞůĨ-insured ƌĞƚĞŶƟŽŶƐĂƉƉůŝĐĂďůĞƚŽƚŚĞƌĞƋƵŝƌĞĚŽƌĂŶǇŽƚŚĞƌŝŶƐƵƌĂŶĐĞŵĂŝŶƚĂŝŶĞĚďǇƚŚĞ^ƵƉƉůŝĞƌŽƌŝƚƐ ƐƵďĐŽŶƚƌĂĐƚŽƌƐ͘tŚĞƌĞƉĞƌŵŝƩĞĚďǇůĂǁ͕^ƵƉƉůŝĞƌŵƵƐƚƌĞƋƵŝƌĞƐŝŵŝůĂƌǁƌŝƩĞŶĞǆƉƌĞƐƐǁĂŝǀĞƌƐ ŽĨƐƵďƌŽŐĂƟŽŶĂŶĚŝŶƐƵƌĂŶĐĞĐůĂƵƐĞƐĨƌŽŵĞĂĐŚŽĨŝƚƐƐƵďĐŽŶƚƌĂĐƚŽƌƐ͘ e) Umbrella/Excess Liability/SELF-INSURED RETENTION. dŚĞůŝŵŝƚƐƌĞƋƵŝƌĞĚďǇƚŚŝƐAgreement can ďĞŵĞƚďǇĞŝƚŚĞƌƉƌŽǀŝĚŝŶŐĂƉƌŝŵĂƌǇƉŽůŝĐǇŽƌŝŶĐŽŵďŝŶĂƟŽŶǁŝƚŚƵŵďƌĞůůĂͬĞǆĐĞƐƐůŝĂďŝůŝƚǇ ƉŽůŝĐǇ;ŝĞƐͿ͕ŽƌƐĞůĨ-ŝŶƐƵƌĞĚƌĞƚĞŶƟŽŶ͘
ϮϯͿ dĞƌŵŝŶĂƟŽŶĨŽƌŽŶǀĞŶŝĞŶĐĞ͘ Sourcewell or Supplier may terminate this Agreement upon 60 ĐĂůĞŶĚĂƌĚĂǇƐΖǁƌŝƩĞŶŶŽƟĐĞƚŽƚŚĞŽƚŚĞƌWĂƌƚǇ͘dĞƌŵŝŶĂƟŽŶƉƵƌƐƵĂŶƚƚŽƚŚŝƐƐĞĐƟŽŶǁŝůůŶŽƚƌĞůŝĞǀĞ ƚŚĞ^ƵƉƉůŝĞƌ͛ƐŽďůŝŐĂƟŽŶƐƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚĨŽƌany ƚƌĂŶƐĂĐƟŽŶƐĞŶƚĞƌĞĚǁŝƚŚWĂƌƟĐŝƉĂƟŶŐ

ŶƟƟĞƐƚŚƌŽƵŐŚƚŚĞĚĂƚĞŽĨƚĞƌŵŝŶĂƟŽŶ͕ŝŶĐůƵĚŝŶŐƌĞƉŽƌƟŶŐĂŶĚƉĂǇŵĞŶƚŽĨĂƉƉůŝĐĂďůĞ ĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƐ͘
24) dĞƌŵŝŶĂƟŽŶĨŽƌĂƵƐĞ͘ ^ŽƵƌĐĞǁĞůůŵĂǇƚĞƌŵŝŶĂƚĞƚŚŝƐŐƌĞĞŵĞŶƚƵƉŽŶƉƌŽǀŝĚŝŶŐǁƌŝƩĞŶŶŽƟĐĞŽĨ ŵĂƚĞƌŝĂůďƌĞĂĐŚƚŽ^ƵƉƉůŝĞƌ͘EŽƟĐĞŵƵƐƚĚĞƐĐƌŝďĞƚŚĞďƌĞĂĐŚŝŶƌĞĂƐŽŶĂďůĞĚĞƚĂŝůĂŶĚƐƚĂƚĞƚŚĞ ŝŶƚĞŶƚƚŽƚĞƌŵŝŶĂƚĞƚŚĞŐƌĞĞŵĞŶƚ͘hƉŽŶƌĞĐĞŝƉƚŽĨEŽƟĐĞ͕ƚŚĞ^ƵƉƉůŝĞƌǁŝůůŚĂǀĞϯϬĐalendar days ŝŶǁŚŝĐŚŝƚŵƵƐƚĐƵƌĞƚŚĞďƌĞĂĐŚ͘dĞƌŵŝŶĂƟŽŶƉƵƌƐƵĂŶƚƚŽƚŚŝƐƐĞĐƟŽŶǁŝůůŶŽƚƌĞůŝĞǀĞƚŚĞ^ƵƉƉůŝĞƌ͛Ɛ ŽďůŝŐĂƟŽŶƐƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚĨŽƌany ƚƌĂŶƐĂĐƟŽŶƐĞŶƚĞƌĞĚǁŝƚŚWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐƚŚƌŽƵŐŚƚŚĞ
ĚĂƚĞŽĨƚĞƌŵŝŶĂƟŽŶ͕ŝŶĐůƵĚŝŶŐƌĞƉŽƌƟŶŐĂŶĚƉĂǇŵĞŶƚŽĨĂƉƉůŝĐĂďůĞĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƐ͘ ƌƟĐůĞϯ͗
^ƵƉƉůŝĞƌKďůŝŐĂƟŽŶƐƚŽWĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐ
dŚĞdĞƌŵƐŝŶƚŚŝƐƌƟĐůĞϯƌĞůĂƚĞƐƉĞĐŝĮĐĂůůǇƚŽ^ƵƉƉůŝĞƌĂŶĚĂWĂƌƟĐŝƉĂƟŶŐ ŶƟƚǇǁŚĞŶĞŶƚĞƌŝŶŐ
ƚƌĂŶƐĂĐƟŽŶƐƵƟůŝǌŝŶŐƚŚĞ'ĞŶĞƌĂůdĞƌŵƐĞƐƚĂďůŝƐŚĞĚŝŶƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚ͘ƌƟĐůĞϭ'ĞŶĞƌĂůdĞƌŵƐ "!

#

4.A.j
Packet Pg. 226 Attachment: Sourcewell - FAYAT Contract 062425 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and 062425-FAY
v052824 13
ĐŽŶƚƌŽůŽǀĞƌĂŶǇĐŽŶŇŝĐƚǁŝƚŚƚŚŝƐƌƟĐůĞ ϯ͘tŚĞƌĞƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚŝƐƐŝůĞŶƚŽŶĂŶǇƐƵďũĞĐƚ͕ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇĂŶĚ^ƵƉƉůŝĞƌƌĞƚĂŝŶƚŚĞĂďŝůŝƚǇƚŽŶĞŐŽƟĂƚĞŵƵƚƵĂůůǇĂĐĐĞƉƚĂďůĞƚĞƌŵƐ. 1) YƵŽƚĞƐƚŽWĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐ͘ ^ƵƉƉůŝĞƌƐĂƌĞĞŶĐŽƵƌĂŐĞĚƚŽƉƌŽǀŝĚĞĂůůƉƌŝĐŝŶŐŝŶĨŽƌŵĂƟŽŶ ƌĞŐĂƌĚŝŶŐƚŚĞƚŽƚĂůĐŽƐƚŽĨĂĐƋƵŝƐŝƟŽŶǁŚĞŶƋƵŽƟŶŐƚŽĂWĂƌƟĐŝƉĂƟŶŐ ŶƟƚǇ͘^ƵƉƉůŝĞƌƐĂŶĚ
WĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐĂƌĞĞŶĐŽƵƌĂŐĞĚƚŽŝŶĐůƵĚĞĂůůĐŽƐƚƐƉĞĐŝĮĐĂůůǇĂƐƐŽĐŝĂƚĞĚǁŝƚŚŽƌŝŶĐůƵĚĞĚǁŝthin ƚŚĞ^ƵƉƉůŝĞƌƐƉƌŽƉŽƐĂůĂŶĚ/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐ ǁŝƚŚŝŶƚƌĂŶƐĂĐƟŽŶĚŽĐƵŵĞŶƚƐ. 2) ^ŚŝƉƉŝŶŐ͕ĞůŝǀĞƌǇ͕ĐĐĞƉƚĂŶĐĞ͕ZĞũĞĐƟŽŶ͕ĂŶĚtĂƌƌĂŶƚǇ͘ ^ƵƉƉůŝĞƌ͛ƐƉƌŽƉŽƐĂůŵĂǇŝŶĐůƵĚĞƉƌŽƉŽƐĞĚ ƚĞƌŵƐƌĞůĂƟŶŐƚŽƐŚŝƉƉŝŶŐ͕ĚĞůŝǀĞƌǇ͕ŝŶƐƉĞĐƟŽŶ͕ĂŶĚĂĐĐĞƉƚĂŶĐĞͬƌĞũĞĐƟŽŶ and other relevant terms ŽĨƚĞŶĚĞƌĞĚ^ŽůƵƟŽŶƐ͘^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇŵĂǇŶĞŐŽƟĂƚĞĮŶĂůƚĞƌŵƐĂƉƉƌŽƉƌŝĂƚĞĨŽƌƚŚĞ
ƐƉĞĐŝĮĐƚƌĂŶƐĂĐƟŽŶƌĞůĂƟŶŐƚŽnon-ĂƉƉƌŽƉƌŝĂƟŽŶ͕ƐŚŝƉƉŝŶŐ͕ĚĞůŝǀĞƌǇ͕ŝŶƐƉĞĐƟŽŶ͕ ĂĐĐĞƉƚĂŶĐĞͬƌĞũĞĐƟŽŶŽĨƚĞŶĚĞƌĞĚ ^ŽůƵƟŽŶƐ͕ĂŶĚǁĂƌƌĂŶƚǇĐŽǀĞƌĂŐĞĨŽƌ/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐ͘^ƵĐŚ terms may include, but are not lŝŵŝƚĞĚƚŽ͕ĐŽƐƚƐ͕ƌŝƐŬŽĨůŽƐƐ͕ƉƌŽƉĞƌƉĂĐŬĂŐŝŶŐ͕ŝŶƐƉĞĐƟŽŶƌŝŐŚƚƐĂŶĚ ƟŵĞůŝŶĞƐ͕ĂĐĐĞƉƚĂŶĐĞŽƌƌĞũĞĐƟŽŶƉƌŽĐĞĚƵƌĞƐ͕ĂŶĚƌĞŵĞĚŝĞƐĂƐŵƵƚƵĂůůǇĂŐƌĞĞĚŝŶĐůƵĚĞŶŽƟĐĞ ƌĞƋƵŝƌĞŵĞŶƚƐ͕ƌĞƉůĂĐĞŵĞŶƚ͕ƌĞƚƵƌŶŽƌĞǆĐŚĂŶŐĞƉƌŽĐĞĚƵƌĞƐ͕ĂŶĚĂƐƐŽĐŝĂƚĞĚĐŽƐƚƐ͘ ϯͿ Applicable Taxes. WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇŝƐƌĞƐƉŽŶƐŝďůĞĨŽƌŶŽƟĨǇŝŶŐƐƵƉƉůŝĞƌŽĨŝƚƐƚĂǆ-exempt status and ĨŽƌƉƌŽǀŝĚŝŶŐ^ƵƉƉůŝĞƌǁŝƚŚĂŶǇǀĂůŝĚƚĂǆ-ĞǆĞŵƉƟŽŶĐĞƌƟĮĐĂƟŽŶ;ƐͿŽƌƌĞůĂƚĞĚĚŽĐƵŵĞŶƚĂƟŽŶ͘ 4) KƌĚĞƌŝŶŐWƌŽĐĞƐƐĂŶĚWĂǇŵĞŶƚ͘ ^ƵƉƉůŝĞƌ͛ƐŽƌĚĞƌŝŶŐƉƌŽĐĞƐƐĂŶĚĂĐĐĞƉƚĂďůĞĨŽƌŵƐŽĨƉĂǇŵĞŶƚĂƌĞ ŝŶĐůƵĚĞĚǁŝƚŚŝŶŝƚƐWƌŽƉŽƐĂů͘WĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐǁŝůůďĞƐŽůĞůǇƌĞƐƉŽŶƐŝďůĞĨŽƌƉĂǇŵĞŶƚƚŽ^ƵƉƉůŝĞƌ ĂŶĚ^ŽƵƌĐĞǁĞůůǁŝůůŚĂǀĞŶŽůŝĂďŝůŝƚǇĨŽƌĂŶǇƵŶƉĂŝĚŝŶǀŽŝĐĞŽĨĂŶǇWĂƌƟĐŝƉĂƟŶŐ ŶƟƚy.
5) dƌĂŶƐĂĐƟŽŶŽĐƵŵĞŶƚƐ͘ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇŵĂǇƌĞƋƵŝƌĞƚŚĞƵƐĞŽĨŝƚƐŽǁŶĨŽƌŵƐƚŽĐŽŵƉůĞƚĞ
ƚƌĂŶƐĂĐƟŽŶƐĚŝƌĞĐƚůǇǁŝƚŚ^ƵƉƉůŝĞƌƵƟůŝǌŝŶŐƚŚĞƚĞƌŵƐĞƐƚĂďůŝƐŚĞĚŝŶƚŚŝƐŐƌĞĞŵĞŶƚ͘^ƵƉƉůŝĞƌ͛Ɛ ƐƚĂŶĚĂƌĚĨŽƌŵĂŐƌĞĞŵĞŶƚƐŵĂǇďĞŽīĞƌĞĚĂƐƉĂƌƚŽĨŝƚƐWƌŽƉŽƐĂů͘^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ ŶƟƚǇ
ŵĂǇĐŽŵƉůĞƚĞĂŶĚĚŽĐƵŵĞŶƚƚƌĂŶƐĂĐƟŽŶƐƵƟůŝǌŝŶŐĂŶǇƚǇƉĞŽĨƚƌĂŶƐĂĐƟŽŶĚŽĐƵŵĞŶƚƐĂƐŵƵƚƵĂůůǇ ĂŐƌĞĞĚ͘/ŶĂŶǇƚƌĂŶƐĂĐƟŽŶĚŽĐƵŵĞŶƚĞŶƚĞƌĞĚƵƟůŝǌŝŶŐƚŚŝƐŐƌĞĞŵĞŶƚ͕^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ

ŶƟƚǇŵƵƐƚŝŶĐůƵĚĞƐƉĞĐŝĮĐƌĞĨĞƌĞŶĐĞƚŽƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚďǇŶƵŵďĞƌĂŶĚƚŽWĂƌƟĐŝƉĂƟŶŐ

ŶƟƚǇ͛ƐƵŶŝƋƵĞ^ŽƵƌĐĞǁĞůůaccount number.
6) ĚĚŝƟŽŶĂůdĞƌŵƐĂŶĚŽŶĚŝƟŽŶƐ WĞƌŵŝƩĞĚ. WĂƌƟĐŝƉĂƟŶŐ ŶƟƚǇĂŶĚ^ƵƉƉůŝĞƌŵĂǇŶĞŐŽƟĂƚĞĂŶĚ
ŝŶĐůƵĚĞĂĚĚŝƟŽŶĂůƚĞƌŵƐĂŶĚĐŽŶĚŝƟŽŶƐǁŝƚŚŝŶƚƌĂŶƐĂĐƟŽŶĚŽĐƵŵĞŶƚĂƟŽŶĂƐŵƵƚƵĂůůǇĂŐƌĞĞĚ͘^ƵĐŚ terms may supplant or supersede this Master Agreement when necessary and as solely determined ďǇWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇ͘^ŽƵƌĐĞǁĞůůŚĂƐĞǆƉƌĞƐƐůǇƌĞƐĞƌǀĞĚƚŚĞƌŝŐŚƚĨŽƌ^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ

ŶƟƚǇƚŽĂĚĚƌĞƐƐĂŶǇŶĞĐĞƐƐĂƌǇƉƌŽǀŝƐŝŽŶƐǁŝƚŚŝŶƚƌĂŶƐĂĐƟŽŶĚŽĐƵŵĞŶƚƐŶŽƚĞǆƉƌĞƐƐůǇŝŶĐůƵĚĞĚ ǁŝƚŚŝŶƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚ͕ŝŶĐůƵĚŝŶŐďƵƚŶŽƚůŝŵŝƚĞĚƚŽƚƌĂŶƐĂĐƟŽŶĐĂŶĐĞůůĂƟŽŶ͕ĚŝƐƉƵƚĞ ƌĞƐŽůƵƟŽŶ͕ŐŽǀĞƌŶŝŶŐůĂǁĂŶĚǀĞŶƵĞ͕ŶŽŶ-ĂƉƉƌŽƉƌŝĂƟŽŶ͕ŝŶƐƵƌĂŶĐĞ͕ĚĞĨĞŶƐĞĂŶĚŝŶĚĞŵŶŝƚǇ͕ĨŽƌĐĞ majeure, and other material terms as mutually agreed.
7) ^ƵďƐĞƋƵĞŶƚŐƌĞĞŵĞŶƚƐĂŶĚ^ƵƌǀŝǀĂů͘ ^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ ŶƟƚǇŵĂǇĞŶƚĞƌŝŶƚŽĂƐĞƉĂƌĂƚĞ
ĂŐƌĞĞŵĞŶƚƚŽĨĂĐŝůŝƚĂƚĞůŽŶŐ-ƚĞƌŵƉĞƌĨŽƌŵĂŶĐĞŽďůŝŐĂƟŽŶƐƵƟůŝǌŝŶŐƚŚĞƚĞƌŵƐŽĨƚŚŝƐDĂƐƚĞƌ ŐƌĞĞŵĞŶƚĂƐŵƵƚƵĂůůǇĂŐƌĞĞĚ͘^ƵĐŚĂŐƌĞĞŵĞŶƚƐŵĂǇƉƌŽǀŝĚĞĨŽƌĂƉĞƌĨŽƌŵĂŶĐĞƉĞƌŝŽĚĞǆƚĞŶĚŝŶŐ beyond thĞĨƵůůƚĞƌŵŽĨƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚ ĂƐĚĞƚĞƌŵŝŶĞĚŝŶƚŚĞĚŝƐĐƌĞƟŽŶŽĨWĂƌƟĐŝƉĂƟŶŐ

ŶƟƚǇ.
"!

#

4.A.j
Packet Pg. 227 Attachment: Sourcewell - FAYAT Contract 062425 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and 062425-FAY
v052824 14
ϴͿ WĂƌƟĐŝƉĂƟŶŐĚĚĞŶĚƵŵƐ͘ ^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇŵĂǇĞŶƚĞƌĂWĂƌƟĐŝƉĂƟŶŐĚĚĞŶĚƵŵŽƌ
ƐŝŵŝůĂƌĚŽĐƵŵĞŶƚĞǆƚĞŶĚŝŶŐĂŶĚƐƵƉƉůĞŵĞŶƟŶŐƚŚĞƚĞƌŵƐŽĨƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚƚŽĨĂĐŝůŝƚĂƚĞ ĂĚŽƉƟŽŶĂƐŵĂǇďĞƌĞƋƵŝƌĞĚďǇĂWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇ͘

Sourcewell FAYAT Environmental Solutions Americas
Ǉ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ Ǉ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ :ĞƌĞŵǇ^ĐŚǁĂƌƚǌ Michael Nelson
dŝƚůĞ͗ŚŝĞĨWƌŽĐƵƌĞŵĞŶƚKĨĨŝĐĞƌ dŝƚůĞ͗General Manager ĂƚĞ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ĂƚĞ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ "!

#

$ $

4.A.j
Packet Pg. 228 Attachment: Sourcewell - FAYAT Contract 062425 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and 5)36WUHHWDQG6SHFLDOW\6ZHHSHUVZLWK5HODWHG (TXLSPHQW$FFHVVRULHVDQG6XSSOLHV
9HQGRU'HWDLOV
&RPSDQ\1DPH
)$<$7(QYLURQPHQWDO6ROXWLRQV$PHULFDV
'RHV\RXUFRPSDQ\FRQGXFW
EXVLQHVVXQGHUDQ\RWKHUQDPH",I
\HVSOHDVHVWDWH

)D\DW&OHDQWHFK$PHULFDV'XOHYR5DYR6FDUDE
$GGUHVV

$,PSHULDO&RXUW
&KDUORWWH1RUWK&DUROLQD
&RQWDFW
0LFKDHO1HOVRQ
(PDLO
PQHOVRQ#IHVID\DWFRP
3KRQH

)D[

+67

6XEPLVVLRQ'HWDLOV
&UHDWHG2Q
7XHVGD\-XQH

6XEPLWWHG2Q
7XHVGD\-XQH

6XEPLWWHG%\
0LFKDHO1HOVRQ
(PDLO
PQHOVRQ#IHVID\DWFRP
7UDQVDFWLRQ
EIH
FHH
E
FG
6XEPLWWHU
V,3$GGUHVV

Bid Number: RFP 062425 Vendor Name: FAYAT Environmental Solutions Americas "!

#

4.A.j
Packet Pg. 229 Attachment: Sourcewell - FAYAT Contract 062425 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and 6SHFLILFDWLRQV
7DEOH
3URSRVHU,GHQWLW\ $XWKRUL]HG5HSUHVHQWDWLYHV
1RW6FRUHG

*HQHUDO,QVWUXFWLRQV
DSSOLHVWRDOO7DEOHV
6RXUFHZHOOSUHIHUVDEULHIEXWWKRURXJKUHVSRQVHWRHDFKTXHVWLRQ'RQRWPHUHO\DWWDFK DGGLWLRQDOGRFXPHQWVWR\RXUUHVSRQVHZLWKRXWDOVRSURYLGLQJDVXEVWDQWLYHUHVSRQVH'RQRWOHDYHDQVZHUVEODQN UHVSRQG³1$´LIWKH
TXHVWLRQGRHVQRWDSSO\WR\RX
SUHIHUDEO\ZLWKDQH[SODQDWLRQ

7DEOH6SHFLILF,QVWUXFWLRQV6RXUFHZHOOUHTXLUHVLGHQWLILFDWLRQRIDOOSDUWLHVUHVSRQVLEOHIRUSURYLGLQJ6ROXWLRQVXQGHUDUHVXOWLQJPDVWHU

DJUHHPHQW
V

5HVSRQVLEOH6XSSOLHU
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¶VFRUSRUDWHRUJDQL]DWLRQDIILOLDWLRQ /LQH
,WHP 4XHVWLRQ 5HVSRQVH

3URYLGHௐWKHௐOHJDOௐQDPHௐRIௐWKHௐ3URSRVHUௐ
DXWKRUL]HGௐWRௐVXEPLWௐWKLVௐ3URSRVDO
)D\DWௐ&OHDQWHFKௐ$PHULFDVௐ//&

,QௐWKHௐHYHQWௐRIௐDZDUGௐLVௐWKLVௐHQWLW\ௐWKHௐ
5HVSRQVLEOHௐ6XSSOLHUௐWKDWௐZLOOௐH[HFXWHௐWKHௐ
PDVWHUௐDJUHHPHQWௐZLWKௐ6RXUFHZHOO"ௐ<ௐRUௐ1
<

,GHQWLI\ௐDOOௐVXEVLGLDULHVௐ'%$ௐDXWKRUL]HGௐ
DIILOLDWHVௐDQGௐDQ\ௐRWKHUௐHQWLW\ௐWKDWௐZLOOௐEHௐ
UHVSRQVLEOHௐIRUௐRIIHULQJௐDQGௐSHUIRUPLQJௐGHOLYHU\ௐ
RIௐ6ROXWLRQVௐZLWKLQௐWKLVௐ3URSRVDOௐ
LHௐ
5HVSRQVLEOHௐ6XSSOLHU
V
ௐWKDWௐZLOOௐH[HFXWHௐDௐ
PDVWHUௐDJUHHPHQWௐZLWKௐ6RXUFHZHOO

'XOHYRௐ,QWHUQDWLRQDOௐ6S$
5DYRௐ+ROGLQJௐ%9
6FDUDEௐ+ROGLQJௐ/LPLWHG

3URYLGHௐ\RXUௐ&$*(ௐFRGHௐRUௐ8QLTXHௐ(QWLW\ௐ
,GHQWLILHUௐ
6$0

3URYLGHௐ\RXUௐ1$,&6ௐFRGHௐDSSOLFDEOHௐWRௐ
6ROXWLRQVௐSURSRVHG

3URSRVHUௐ3K\VLFDOௐ$GGUHVV
$ௐ,PSHULDOௐ&RXUW
&KDUORWWHௐ1&ௐ

3URSRVHUௐZHEVLWHௐDGGUHVVௐ
RUௐDGGUHVVHV

KWWSV
FOHDQWHFKID\DWFRP
KWWSV
ZZZGXOHYRFRPXV
KWWSV
UDYRID\DWFRPHQXV
KWWSV
VFDUDEID\DWFRPHQXV

3URSRVHU
Vௐ$XWKRUL]HGௐ5HSUHVHQWDWLYHௐ
QDPHௐ
WLWOHௐDGGUHVVௐHPDLOௐDGGUHVVௐ ௐSKRQH
ௐ
7KHௐ
UHSUHVHQWDWLYHௐPXVWௐKDYHௐDXWKRULW\ௐWRௐVLJQௐ
WKHௐ³3URSRVHU¶Vௐ$VVXUDQFHௐRIௐ&RPSOLDQFH´ௐRQௐ
EHKDOIௐRIௐWKHௐ3URSRVHU

0LFKDHOௐ1HOVRQௐ*HQHUDOௐ0DQDJHU
$ௐ,PSHULDOௐ&RXUW
&KDUORWWHௐ1&ௐ
PQHOVRQ#IHVID\DWFRP

3URSRVHU
VௐSULPDU\ௐFRQWDFWௐIRUௐWKLVௐSURSRVDOௐ

QDPHௐWLWOHௐDGGUHVVௐHPDLOௐDGGUHVVௐ ௐSKRQH

0LFKDHOௐ1HOVRQௐ*HQHUDOௐ0DQDJHU
$ௐ,PSHULDOௐ&RXUW
&KDUORWWHௐ1&ௐ
PQHOVRQ#IHVID\DWFRP

3URSRVHU
VௐRWKHUௐFRQWDFWVௐIRUௐWKLVௐSURSRVDOௐLIௐ
DQ\ௐ
QDPHௐWLWOHௐDGGUHVVௐHPDLOௐDGGUHVVௐ ௐ
SKRQH

7DEOH$
)LQDQFLDO9LDELOLW\DQG0DUNHWSODFH6XFFHVV
3RLQWVDSSOLHVWR7DEOH$DQG%

/LQH
,WHP 4XHVWLRQ 5HVSRQVH

3URYLGHௐDௐEULHIௐKLVWRU\ௐRIௐ\RXUௐFRPSDQ\ௐ
LQFOXGLQJௐ\RXUௐFRPSDQ\¶VௐFRUHௐYDOXHVௐ
EXVLQHVVௐSKLORVRSK\ௐDQGௐLQGXVWU\ௐORQJHYLW\ௐ
UHODWHGௐWRௐWKHௐUHTXHVWHGௐ6ROXWLRQV
)D\DWௐ&OHDQWHFKௐ$PHULFDVௐLVௐDௐVHSDUDWHO\ௐQDPHGௐHQWLW\ௐWKDWௐIDOOVௐXQGHUௐWKHௐEURDGHUௐ XPEUHOODௐRIௐWKHௐ)D\DWௐ*URXS
VௐDFWLYLWLHVௐLQௐ1RUWKௐ$PHULFDௐSDUWLFXODUO\ௐZLWKLQௐLWVௐ5RDGௐ (TXLSPHQWௐGLYLVLRQௐDQGௐLWVௐIRFXVௐRQௐVXVWDLQDEOHௐVROXWLRQVௐ7KHௐ)D\DWௐ*URXSௐDௐ)UHQFKௐ IDPLO\RZQHGௐFRPSDQ\ௐIRXQGHGௐLQௐ
ௐKDVௐEHHQௐH[SDQGLQJௐLWVௐSUHVHQFHௐLQௐ1RUWKௐ
$PHULFDௐWKURXJKௐVWUDWHJLFௐDFTXLVLWLRQVௐDQGௐLQYHVWPHQWVௐ)D\DWௐ&OHDQWHFKௐ$PHULFDVௐLVௐ WKHௐ86ௐEDVHGௐEXVLQHVVௐXQLWௐRIௐWKHௐ)D\DWௐ*URXSௐGHGLFDWHGௐWRௐWKHௐGLVWULEXWLRQௐDQGௐ VXSSRUW RI DOO EUDQGV RI VZHHSHUV PDQXIDFWXUHG DQG RZQHG E\ௐWKH )D\DW *URXS Bid Number: RFP 062425 Vendor Name: FAYAT Environmental Solutions Americas "!

#

4.A.j
Packet Pg. 230 Attachment: Sourcewell - FAYAT Contract 062425 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and 'XOHYR ,QWHUQDWLRQDO 6S$ 5DYR +ROGLQJ %9 DQG 6FDUDE 6ZHHSHUV /LPLWHG )D\DW &OHDQWHFKௐ$PHULFDVௐZDVௐIRXQGHGௐLQௐௐDVௐ)D\DWௐ(QYLURQPHQWDOௐ6ROXWLRQVௐ $PHULFDVௐ7KHௐOHJDOௐQDPHௐRIௐWKHௐEXVLQHVVௐXQLWௐZDVௐFKDQJHGௐLQௐௐWRௐEHWWHUௐUHIOHFWௐ WKHௐSXUSRVHௐRIௐWKHௐJURXS
7KHௐFRUHௐYDOXHVௐRIௐRXUௐJURXSௐDUH
ௐ(WKLFVௐ([SHUWLVHௐ,QQRYDWLRQௐ(QWUHSUHQHXUVKLSௐDQGௐ
(FRUHVSRQVLELOLW\
+LVWRU\ௐRIௐ'XOHYR

'XOHYRௐ,QWHUQDWLRQDOௐ6S$ௐIRXQGHGௐLQௐ
ௐLQௐ3DUPDௐ,WDO\ௐLVௐDௐOHDGLQJௐPDQXIDFWXUHUௐ
RIௐLQGXVWULDOௐDQGௐXUEDQௐFOHDQLQJௐHTXLSPHQWௐ7KHௐFRPSDQ\ௐLVௐNQRZQௐIRUௐLWVௐLQQRYDWLYHௐ PHFKDQLFDOVXFWLRQILOWHULQJௐVZHHSLQJௐV\VWHPௐDQGௐKDVௐDௐKLVWRU\ௐRIௐGHYHORSLQJௐDQGௐ PDQXIDFWXULQJௐDௐZLGHௐUDQJHௐRIௐVZHHSLQJௐPDFKLQHVௐIRUௐYDULRXVௐDSSOLFDWLRQVௐ +HUH
VௐDௐPRUHௐGHWDLOHGௐORRNௐDWௐWKHௐKLVWRU\

ௐ'XOHYRௐZDVௐHVWDEOLVKHGௐDQGௐWKHௐILUVWௐSURWRW\SHௐRIௐWKHௐKLVWRULFௐௐPRGHOௐZDVௐ GHVLJQHGௐ

ௐ7KHௐFRPSDQ\ௐRSHQHGௐLWVௐILUVWௐIDFWRU\ௐLQௐ6DQJXLQDURௐSURGXFLQJௐWKHௐௐDQGௐ ௐPRGHOVௐ

ௐ'XOHYRௐMRLQHGௐWKHௐ/DPSRJDVௐ*URXSௐOHDGLQJௐWRௐLQFUHDVHGௐUHVHDUFKௐDQGௐ GHYHORSPHQWௐUHVXOWLQJௐLQௐQHZௐPRGHOVௐ

ௐ/DPSRJDVௐ6S$ௐXQGHUZHQWௐUHVWUXFWXULQJௐZLWKௐ'ௐ*OREDOௐ(QHUJ\ௐ,QYHVWPHQWVௐ 3OFௐEHFRPLQJௐWKHௐPDMRULW\ௐVKDUHKROGHUௐ

ௐ'XOHYRௐH[SDQGHGௐLQWHUQDWLRQDOO\ௐ

ௐ'XOHYRௐEHFDPHௐSDUWௐRIௐWKHௐ)D\DWௐ*URXSௐ
7KURXJKRXWௐLWVௐKLVWRU\ௐ'XOHYRௐKDVௐIRFXVHGௐRQௐGHYHORSLQJௐKLJKTXDOLW\ௐWHFKQRORJLFDOO\ௐ DGYDQFHGௐVZHHSLQJௐPDFKLQHVௐIRUௐERWKௐLQGXVWULDOௐDQGௐXUEDQௐFOHDQLQJௐDGDSWLQJௐWRௐ YDULRXVௐQHHGVௐDQGௐHQYLURQPHQWVௐDFFRUGLQJௐWRௐ'XOHYRௐ7KH\ௐZHUHௐRQHௐRIௐWKHௐILUVWௐ PDQXIDFWXUHUVௐWRௐRIIHUௐDௐTXDOLW\ௐHOHFWULFௐYHKLFOHௐVZHHSHUௐDOLJQLQJௐZLWKௐLQWHUQDWLRQDOௐ ]HURHPLVVLRQௐVWDQGDUGVௐ
5DYRௐ+LVWRU\

5$92ௐDௐOHDGLQJௐPDQXIDFWXUHUௐRIௐFRPSDFWௐVWUHHWௐVZHHSHUVௐERDVWVௐDௐKLVWRU\ௐURRWHGௐ LQௐLQQRYDWLRQௐDQGௐDௐFRPPLWPHQWௐWRௐKLJKSHUIRUPDQFHௐFOHDQLQJௐVROXWLRQVௐ)RXQGHGௐLQௐ WKHௐ1HWKHUODQGVௐLQௐ
ௐE\ௐ.DUHOௐYDQௐ5DDLMௐ5$92ௐMRLQHGௐWKHௐ)$<$7ௐ*URXSௐLQௐ ௐ
7KHௐFRPSDQ\
VௐGHGLFDWLRQௐWRௐGHYHORSLQJௐDGYDQFHGௐVZHHSHUVௐLVௐHYLGHQWௐLQௐPRGHOVௐ OLNHௐWKHௐ5ௐDQGௐ5HௐNQRZQௐIRUௐWKHLUௐSRZHUIXOௐVXFWLRQௐFRPSDFWLRQௐFDSDELOLWLHVௐDQGௐ H[FHSWLRQDOௐGHVLJQௐ
+HUH
VௐDௐPRUHௐGHWDLOHGௐORRNௐDWௐ5$92
VௐKLVWRU\

ௐ.DUHOௐYDQௐ5DDLMௐMRLQVௐ,/3(5$ௐ
ODWHUௐ5$92
ௐDௐFRPSDQ\ௐVSHFLDOL]LQJௐLQௐFOHDQLQJௐ
YHKLFOHVௐLQௐ7KHௐ1HWKHUODQGVௐ

V
ௐ5$92ௐDFKLHYHVௐPDMRUௐVXFFHVVௐLQௐPDUNHWVௐZRUOGZLGHௐLQFOXGLQJௐ-DSDQௐWKHௐ 86$ௐ/DWLQௐ$PHULFDௐDQGௐ$XVWUDOLDௐ

ௐ5$92ௐLVௐDFTXLUHGௐE\ௐ)HGHUDOௐ6LJQDOௐ

ௐ5$92ௐEHFRPHVௐSDUWௐRIௐWKHௐ)D\DWௐ*URXSௐDௐJOREDOௐOHDGHUௐLQௐYDULRXVௐLQGXVWULHVௐ
ௐ5$92ௐFHOHEUDWHVௐLWVௐWKௐDQQLYHUVDU\ௐ

ௐ5$92ௐRSHQVௐDௐQHZௐIDFWRU\ௐDQGௐSDUWVௐZDUHKRXVHௐ

ௐ7KHௐFRPSDQ\ௐODXQFKHVௐWKHௐ5$92ௐH6HULHVௐWKHௐILUVWௐIXOO\ௐHOHFWULFௐPD[LFRPSDFWௐ VZHHSHUௐ

ௐ5$92
VௐFRPPLWPHQWௐWRௐLQQRYDWLRQௐFRQWLQXHVௐZLWKௐWKHௐLQWURGXFWLRQௐRIௐWKHௐ5$92ௐ (ௐDௐPRGHOௐGHVLJQHGௐIRUௐELF\FOHௐODQHௐVZHHSLQJௐDQGௐWKHௐGHYHORSPHQWௐRIௐRWKHUௐ DGYDQFHGௐVZHHSLQJௐVROXWLRQVௐ7KHௐFRPSDQ\
VௐIRFXVௐRQௐSHUIRUPDQFHௐUHOLDELOLW\ௐDQGௐ
RSHUDWRUௐH[SHULHQFHௐKDVௐVROLGLILHGௐLWVௐSRVLWLRQௐDVௐDௐJOREDOௐOHDGHUௐLQௐWKHௐFRPSDFWௐ VWUHHWௐVZHHSHUௐPDUNHWௐ
6FDUDEௐ+LVWRU\
ௐ
6FDUDEௐ6ZHHSHUVௐDௐOHDGLQJௐPDQXIDFWXUHUௐRIௐURDGௐVZHHSHUVௐZDVௐIRXQGHGௐLQௐ
ௐLQௐ
WKHௐ8.ௐ7KHௐFRPSDQ\ௐLVௐNQRZQௐIRUௐLWVௐLQQRYDWLRQௐLQௐVLQJOHHQJLQHௐHQYLURQPHQWDOO\ௐ IULHQGO\ௐVZHHSLQJௐVROXWLRQVௐ6FDUDEௐEHFDPHௐSDUWௐRIௐWKHௐ)D\DWௐ*URXSௐLQௐௐ +HUH
VௐDௐPRUHௐGHWDLOHGௐORRNௐDWௐ6FDUDEௐ6ZHHSHUV
ௐKLVWRU\

(DUO\ௐ<HDUVௐ

V

6FDUDEௐ6ZHHSHUVௐZDVௐHVWDEOLVKHGௐLQௐ

ௐE\ௐ5RGJHUௐ+RDGOH\ௐ7KHௐFRPSDQ\ௐTXLFNO\ௐ
IRFXVHGௐRQௐGHYHORSLQJௐVLQJOHHQJLQHௐWUXFNPRXQWHGௐVZHHSHUVௐSLRQHHULQJௐWKLVௐ WHFKQRORJ\ௐZLWKௐWKHௐLQWURGXFWLRQௐRIௐWKHௐ0DMRUௐௐLQௐ ௐ
&RQWLQXHGௐ,QQRYDWLRQௐ

7KURXJKRXWௐWKHௐ

VௐDQGௐVௐ6FDUDEௐFRQWLQXHGௐWRௐLQQRYDWHௐLQWURGXFLQJௐPRGHOVௐ OLNHௐWKHௐ0LQRUௐWKHௐ+\GURVWDWLFௐ0LQRUௐDQGௐWKHௐ0RQLFௐZKLOHௐDOVRௐLQFRUSRUDWLQJௐ DGYDQFHPHQWVௐOLNHௐ&$1EXVௐFRQWUROOHGௐVZHHSLQJௐV\VWHPVௐ
)D\DWௐ*URXSௐ$FTXLVLWLRQௐ

,Qௐௐ6FDUDEௐ6ZHHSHUVௐEHFDPHௐSDUWௐRIௐWKHௐ)D\DWௐ*URXSௐDௐODUJHௐ)UHQFKௐLQGXVWULDOௐ JURXSௐ7KLVௐDFTXLVLWLRQௐEURXJKWௐ6FDUDEௐLQWRௐDௐEURDGHUௐQHWZRUNௐRIௐFRPSDQLHVௐIRFXVHGௐ RQௐURDGௐHTXLSPHQWௐDQGௐHQYLURQPHQWDOௐVROXWLRQVௐ
)RFXVௐRQௐ6XVWDLQDELOLW\

6FDUDEௐKDVௐFRQVLVWHQWO\ௐHPSKDVL]HGௐHQYLURQPHQWDOO\ௐIULHQGO\ௐVZHHSLQJௐVROXWLRQVௐHYHQௐ EHIRUHௐLWௐEHFDPHௐDௐPDLQVWUHDPௐFRQFHUQௐ7KHLUௐVLQJOHHQJLQHௐDSSURDFKௐDORQJௐZLWKௐ LQQRYDWLRQVௐOLNHௐSXUHௐYDFXXPௐWHFKQRORJ\ௐKDVௐEHHQௐFHQWUDOௐWRௐWKHLUௐSURGXFWௐ GHYHORSPHQW

Bid Number: RFP 062425 Vendor Name: FAYAT Environmental Solutions Americas "!

#

4.A.j
Packet Pg. 231 Attachment: Sourcewell - FAYAT Contract 062425 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and *OREDO 3UHVHQFH

6FDUDEௐ6ZHHSHUVௐLVௐDௐJOREDOௐOHDGHUௐLQௐWKHௐGHVLJQௐDQGௐPDQXIDFWXUHௐRIௐURDGௐ FOHDQVLQJௐYHKLFOHVௐZLWKௐDௐVLJQLILFDQWௐH[SRUWௐEXVLQHVVௐ7KH\ௐRIIHUௐDௐZLGHௐUDQJHௐRIௐ VZHHSHUVௐIRUௐYDULRXVௐDSSOLFDWLRQVௐLQFOXGLQJௐPXQLFLSDOௐKLJKZD\ௐDQGௐRIIKLJKZD\ௐ 5HFHQWௐ'HYHORSPHQWV

5HFHQWௐGHYHORSPHQWVௐLQFOXGHௐWKHௐODXQFKௐRIௐWKHௐ0DYHQௐௐPRGHOௐDQGௐFRQWLQXHGௐIRFXVௐ RQௐVLQJOHHQJLQHௐWHFKQRORJ\ௐSDUWLFXODUO\ௐIRUௐWKHௐH[SRUWௐPDUNHWௐ6FDUDE VௐVZHHSHUVௐDUHௐ
DVVHPEOHGௐLQௐWKHௐ8.ௐDQGௐGLVWULEXWHGௐJOREDOO\ௐZLWKௐVRPHௐPRGHOVௐOLNHௐWKHௐ0DYHQௐௐ DVVHPEOHGௐLQௐWKHௐ86ௐIRUௐWKHௐ1RUWKௐ$PHULFDQௐPDUNHW
:KDWௐDUHௐ\RXUௐFRPSDQ\¶VௐH[SHFWDWLRQVௐLQௐWKHௐ
HYHQWௐRIௐDQௐDZDUG"
:HௐH[SHFWௐWRௐIXUWKHUௐJURZௐRXUௐVDOHVௐLQௐ1RUWKௐ$PHULFDௐIRUௐWKHௐWKUHHௐEUDQGVௐ6LQFHௐ EHLQJௐDZDUGHGௐWKHௐ6RXUFHZHOOௐFRQWUDFWௐZHௐKDYHௐVHHQௐDQௐLQFUHDVHௐLQௐVDOHVௐJURZLQJௐ RYHUௐௐWLPHVௐVLQFHௐௐDQGௐWKDWௐJURZWKௐLVௐHVSHFLDOO\ௐVHHQௐWKURXJKௐ6RXUFHZHOOௐ:Hௐ H[SHFWௐWKLVௐWUHQGௐWRௐFRQWLQXHௐDVௐZHௐLQWHJUDWHௐRXUௐQHZௐEUDQGVௐSURGXFWVௐDQGௐVROXWLRQV

'HPRQVWUDWHௐ\RXUௐILQDQFLDOௐVWUHQJWKௐDQGௐ
VWDELOLW\ௐZLWKௐPHDQLQJIXOௐGDWDௐ7KLVௐFRXOGௐ
LQFOXGHௐVXFKௐLWHPVௐDVௐILQDQFLDOௐVWDWHPHQWVௐ
6(&ௐILOLQJVௐFUHGLWௐDQGௐERQGௐUDWLQJVௐOHWWHUVௐ
RIௐFUHGLWௐDQGௐGHWDLOHGௐUHIHUHQFHௐOHWWHUVௐ
8SORDGௐVXSSRUWLQJௐGRFXPHQWVௐ
DVௐDSSOLFDEOH
ௐ
LQௐWKHௐGRFXPHQWௐXSORDGௐVHFWLRQௐRIௐ\RXUௐ
UHVSRQVHௐ'2ௐ127ௐ3529,'(ௐ$1<ௐ7$;ௐ
,1)250$7,21ௐ25ௐ3(5621$//<ௐ
,'(17,),$%/(ௐ,1)250$7,21
)D\DWௐ&OHDQWHFKௐ$PHULFDVௐ,VௐDௐ%XVLQHVVௐ8QLWௐRIௐWKHௐJURXSௐ3OHDVHௐVHHௐDWWDFKHGௐWKHௐ ILQDQFLDOௐUHSRUWVௐIRUௐ5DYRௐ'XOHYRௐDQGௐ6FDUDE

:KDWௐLVௐ\RXUௐ86ௐPDUNHWௐVKDUHௐIRUௐWKHௐ
6ROXWLRQVௐWKDWௐ\RXௐDUHௐSURSRVLQJ"
5DYRௐ0DUNHWௐ6KDUHௐLQௐ&RPSDFWௐDQGௐ6XEFRPSDFWௐ9DFXXPௐ6ZHHSHUVௐLVௐ$SSUR[ௐ
'XOHYRௐ0DUNHWௐ6KDUHௐLQௐ&RPSDFWௐ0HFKDQLFDOௐ9DFXXPௐ$VVLVWௐ6ZHHSHUVௐLVௐ$SSUR[ௐ
6FDUDEௐ0DUNHWௐ6KDUHௐLQௐ7UXFNௐ0RXQWHGௐ9DFXXPௐ6ZHHSHUVௐLVௐ$SSUR[ௐ

:KDWௐLVௐ\RXUௐ&DQDGLDQௐPDUNHWௐVKDUHௐIRUௐWKHௐ
6ROXWLRQVௐWKDWௐ\RXௐDUHௐSURSRVLQJ"
5DYRௐ0DUNHWௐ6KDUHௐLQௐ&RPSDFWௐDQGௐ6XEFRPSDFWௐ9DFXXPௐ6ZHHSHUVௐLVௐ$SSUR[ௐ
'XOHYRௐ0DUNHWௐ6KDUHௐLQௐ&RPSDFWௐ0HFKDQLFDOௐ9DFXXPௐ$VVLVWௐ6ZHHSHUVௐLVௐ$SSUR[ௐ
6FDUDEௐ0DUNHWௐ6KDUHௐLQௐ7UXFNௐ0RXQWHGௐ9DFXXPௐ6ZHHSHUVௐLVௐ$SSUR[ௐ

'LVFORVHௐDOOௐFXUUHQWௐDQGௐFRPSOHWHGௐEDQNUXSWF\ௐ
SURFHHGLQJVௐIRUௐ3URSRVHUௐDQGௐDQ\ௐLQFOXGHGௐ
SRVVLEOHௐ5HVSRQVLEOHௐ3DUW\ௐZLWKLQௐWKHௐSDVWௐ
VHYHQௐ\HDUVௐ3URSRVHUௐPXVWௐSURYLGHௐQRWLFHௐLQௐ
ZULWLQJௐWRௐ6RXUFHZHOOௐLIௐLWௐHQWHUVௐDௐEDQNUXSWF\ௐ
SURFHHGLQJௐDWௐDQ\ௐWLPHௐGXULQJௐWKHௐSHQGHQF\ௐ
RIௐWKLVௐ5)3ௐHYDOXDWLRQ
1$

+RZௐLVௐ\RXUௐRUJDQL]DWLRQௐEHVWௐGHVFULEHG
ௐLVௐLWௐ
DௐPDQXIDFWXUHUௐDௐGLVWULEXWRUGHDOHUUHVHOOHUௐRUௐ
DௐVHUYLFHௐSURYLGHU"ௐௐ$QVZHUௐWKHௐTXHVWLRQௐWKDWௐ
EHVWௐDSSOLHVௐWRௐ\RXUௐRUJDQL]DWLRQௐHLWKHUௐD
ௐRUௐ
E

D
ௐௐௐௐ,Iௐ\RXUௐFRPSDQ\ௐLVௐEHVWௐGHVFULEHGௐDVௐDௐ
GLVWULEXWRUGHDOHUUHVHOOHUௐ
RUௐVLPLODUௐHQWLW\
ௐ
SURYLGHௐ\RXUௐZULWWHQௐDXWKRUL]DWLRQௐWRௐDFWௐDVௐDௐ
GLVWULEXWRUGHDOHUUHVHOOHUௐIRUௐWKHௐPDQXIDFWXUHUௐ
RIௐWKHௐSURGXFWVௐSURSRVHGௐLQௐWKLVௐ5)3ௐ,Iௐ
DSSOLFDEOHௐLVௐ\RXUௐGHDOHUௐQHWZRUNௐ
LQGHSHQGHQWௐRUௐFRPSDQ\ௐRZQHG"
E
ௐௐௐௐ,Iௐ\RXUௐFRPSDQ\ௐLVௐEHVWௐGHVFULEHGௐDVௐDௐ
PDQXIDFWXUHUௐRUௐVHUYLFHௐSURYLGHUௐGHVFULEHௐ
\RXUௐUHODWLRQVKLSௐZLWKௐ\RXUௐVDOHVௐDQGௐVHUYLFHௐ
IRUFHௐDQGௐZLWKௐ\RXUௐGHDOHUௐQHWZRUNௐLQௐ
GHOLYHULQJௐWKHௐSURGXFWVௐDQGௐVHUYLFHVௐSURSRVHGௐ
LQௐWKLVௐ5)3ௐ$UHௐWKHVHௐLQGLYLGXDOVௐ\RXUௐ
HPSOR\HHVௐRUௐWKHௐHPSOR\HHVௐRIௐDௐWKLUGௐSDUW\"
:HௐDUHௐEHVWௐGHVFULEHGௐDVௐE
ௐ)D\DWௐ&OHDQWHFKௐ$PHULFDVௐ//&ௐLVௐWKHௐ86ௐEDVHGௐ
EXVLQHVVௐXQLWௐRIௐWKHௐ)D\DWௐ*URXSௐGHGLFDWHGௐWRௐWKHௐGLVWULEXWLRQௐDQGௐVXSSRUWௐRIௐDOOௐ EUDQGVௐRIௐVZHHSHUVௐPDQXIDFWXUHGௐDQGௐRZQHGௐE\ௐWKHௐ)D\DWௐ*URXSௐ'XOHYRௐ ,QWHUQDWLRQDOௐ6S$ௐ5DYRௐ+ROGLQJௐ%9ௐDQGௐ6FDUDEௐ6ZHHSHUVௐ/LPLWHGௐ$VௐVXFKௐZHௐ UHSUHVHQWௐDVௐDௐ0DQXIDFWXUHU
)D\DWௐ&OHDQWHFKௐSURYLGHVௐVDOHVௐSDUWVௐDQGௐWHFKQLFDOௐVXSSRUWௐYLDௐWKHௐIDFWRULHVௐGLUHFWLRQௐ WRௐVXSSRUWௐWKHௐHQGௐXVHUVௐDQGௐGHDOHUௐQHWZRUNௐ7KHUHௐDUHௐDௐWRWDOௐRIௐௐSHUVRQQHOௐ GHGLFDWHGௐWRௐWKLVௐ)D\DWௐ&OHDQWHFKௐVXSSRUWVௐSDUWVௐZLWKௐDௐௐVIௐIDFLOLW\ௐLQௐ1&ௐDQGௐ DUHௐPRYLQJௐWRௐDௐௐVIௐGLVWULEXWLRQௐFHQWHUௐLQௐ-DQௐௐ:HௐSURYLGHௐIXUWKHUௐ VXSSRUWௐIURPௐRXUௐIDFWRULHVௐLQௐ(XURSHௐZLWKௐWUDLQLQJௐSDUWVௐWHFKQLFDOௐVXSSRUWௐDQGௐVDOHVௐ VXSSRUWௐDVௐQHHGHG
$OOௐVDOHVௐWRௐJRYHUQPHQWDOௐDJHQFLHVௐDUHௐWKURXJKௐDௐYDVWௐSULYDWHO\ௐRZQHGௐGHDOHUௐ QHWZRUNௐ7KHUHௐDUHௐௐGHDOHUVௐLQௐWKHௐ86ௐUHSUHVHQWLQJௐRXUௐSURGXFWVௐ(DFKௐGHDOHUௐLVௐ PHDVXUHGௐRQௐWKHLUௐRYHUDOOௐSHUIRUPDQFHௐRIௐWUDLQLQJௐWHFKQLFDOௐFDSDELOLWLHVௐDQGௐJHQHUDOௐ SDUWVௐVXSSRUW

,IௐDSSOLFDEOHௐSURYLGHௐDௐGHWDLOHGௐH[SODQDWLRQௐ
RXWOLQLQJௐWKHௐOLFHQVHVௐDQGௐFHUWLILFDWLRQVௐWKDWௐ
DUHௐERWKௐUHTXLUHGௐWRௐEHௐKHOGௐDQGௐDFWXDOO\ௐ
KHOGௐE\ௐ\RXUௐRUJDQL]DWLRQௐ
LQFOXGLQJௐWKLUGௐ
SDUWLHVௐDQGௐVXEFRQWUDFWRUVௐWKDWௐ\RXௐXVH
ௐLQௐ
SXUVXLWௐRIௐWKHௐEXVLQHVVௐFRQWHPSODWHGௐE\ௐWKLVௐ
5)3
1$

'LVFORVHௐDOOௐFXUUHQWௐDQGௐSDVWௐGHEDUPHQWVௐRUௐ
VXVSHQVLRQVௐIRUௐ3URSRVHUௐDQGௐDQ\ௐLQFOXGHGௐ
SRVVLEOHௐ5HVSRQVLEOHௐ3DUW\ௐZLWKLQௐWKHௐSDVWௐ
VHYHQௐ\HDUVௐ3URSRVHUௐPXVWௐSURYLGHௐQRWLFHௐLQௐ
ZULWLQJௐWRௐ6RXUFHZHOOௐLIௐLWௐHQWHUVௐDௐGHEDUPHQWௐ
RUௐVXVSHQVLRQௐVWDWXVௐDQ\ௐWLPHௐGXULQJௐWKHௐ
SHQGHQF\ௐRIௐWKLVௐ5)3ௐHYDOXDWLRQ
1$

Bid Number: RFP 062425 Vendor Name: FAYAT Environmental Solutions Americas "!

#

4.A.j
Packet Pg. 232 Attachment: Sourcewell - FAYAT Contract 062425 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and 'HVFULEHௐDQ\ௐUHOHYDQWௐLQGXVWU\ௐDZDUGVௐRUௐ
UHFRJQLWLRQௐWKDWௐ\RXUௐFRPSDQ\ௐKDVௐUHFHLYHGௐLQௐ
WKHௐSDVWௐILYHௐ\HDUV
$OOௐIDFWRULHVௐDUHௐ,62ௐ

ௐ,62ௐ
ௐ
'XOHYRௐ5DYRௐDQGௐ6FDUDEௐRYHUDOOௐ(FRYDGLVௐ$ZDUGௐIRUௐRYHUDOOௐVXVWDLQDELOLW\ௐLVௐ6LOYHUௐ 7KHUHௐDUHௐQRௐRWKHUௐVZHHSHUௐPDQXIDFWXUHUVௐZKRௐUDWHௐWKLVௐKLJK

:KDWௐSHUFHQWDJHௐRIௐ\RXUௐVDOHVௐDUHௐWRௐWKHௐ
JRYHUQPHQWDOௐVHFWRUௐLQௐWKHௐSDVWௐWKUHHௐ\HDUV"
,QௐWKHௐ86ௐDQGௐ&DQDGDௐDSSUR[LPDWHO\ௐ
ௐDUHௐVDOHVௐWRௐJRYHUQPHQWDOௐDJHQFLHV
:RUOGZLGHௐWKDWௐYDOXHௐLVௐDSSUR[LPDWHO\ௐ

:KDWௐSHUFHQWDJHௐRIௐ\RXUௐVDOHVௐDUHௐWRௐWKHௐ
HGXFDWLRQௐVHFWRUௐLQௐWKHௐSDVWௐWKUHHௐ\HDUV"
,QௐWKHௐ86ௐDQGௐ&DQDGDௐDSSUR[LPDWHO\ௐௐDUHௐVDOHVௐWRௐJRYHUQPHQWDOௐDJHQFLHV :RUOGZLGHௐWKDWௐYDOXHௐLVௐDSSUR[LPDWHO\ௐ

/LVWௐDOOௐVWDWHௐFRRSHUDWLYHௐSXUFKDVLQJௐ
DJUHHPHQWVௐWKDWௐ\RXௐKROGௐ:KDWௐLVௐWKHௐDQQXDOௐ
VDOHVௐYROXPHௐIRUௐHDFKௐRIௐWKHVHௐDJUHHPHQWௐ
RYHUௐWKHௐSDVWௐWKUHHௐ\HDUV"
1$

/LVWௐDQ\ௐ*6$ௐFRQWUDFWVௐRUௐ6WDQGLQJௐ2IIHUVௐ
DQGௐ6XSSO\ௐ$UUDQJHPHQWVௐ
626$
ௐWKDWௐ\RXௐ
KROGௐ:KDWௐLVௐWKHௐDQQXDOௐVDOHVௐYROXPHௐIRUௐ
HDFKௐRIௐWKHVHௐFRQWUDFWVௐRYHUௐWKHௐSDVWௐWKUHHௐ
\HDUV"
1$

7DEOH%
5HIHUHQFHV7HVWLPRQLDOV
/LQH,WHP6XSSO\UHIHUHQFHLQIRUPDWLRQIURPWKUHHFXVWRPHUVZKRDUHHOLJLEOHWREH6RXUFHZHOOSDUWLFLSDWLQJHQWLWLHV (QWLW\1DPH
&RQWDFW1DPH
3KRQH1XPEHU

&LW\ௐRIௐ6DQௐ-RVHௐ&$ 'DU\Oௐ)RZOHU

ௐ

&LW\ௐRIௐ8QLYHUVLW\ௐ3DUNௐ7; 2ZHQௐ'RZQKDP

7RZQௐRIௐ:LQGVRU 0DWWௐ:LOVRQ

Bid Number: RFP 062425 Vendor Name: FAYAT Environmental Solutions Americas "!

#

4.A.j
Packet Pg. 233 Attachment: Sourcewell - FAYAT Contract 062425 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and 7DEOH
$ELOLW\WR6HOODQG'HOLYHU6ROXWLRQV
3RLQWV

'HVFULEH\RXUFRPSDQ\¶VFDSDELOLW\WRPHHWWKHQHHGVRI6RXUFHZHOOSDUWLFLSDWLQJHQWLWLHVDFURVVWKH86DQG&DQDGDDVDSSOLFDEOH<RXU UHVSRQVHVKRXOGDGGUHVVLQGHWDLODWOHDVWWKHIROORZLQJDUHDV ORFDWLRQVRI\RXUQHWZRUNRIVDOHVDQGVHUYLFHSURYLGHUVWKHQXPEHURI ZRUNHUV
IXOOWLPHHTXLYDOHQWV
LQYROYHGLQHDFKVHFWRUZKHWKHUWKHVHZRUNHUVDUH\RXUGLUHFWHPSOR\HHV RUHPSOR\HHVRIDWKLUGSDUW\

DQGDQ\RYHUODSEHWZHHQWKHVDOHVDQGVHUYLFHIXQFWLRQV /LQH
,WHP 4XHVWLRQ 5HVSRQVH

6DOHVௐIRUFH )D\DWௐ&OHDQWHFKௐ$PHULFDVௐHPSOR\VௐௐSHUVRQVௐWRௐSURYLGHௐVDOHVௐVXSSRUWௐWRௐRXUௐGHDOHUௐ QHWZRUNௐFRQVLVWLQJௐRIௐௐGHDOHUVௐ:HௐVXSSRUWௐWKHVHௐGHDOHUVௐDGGLWLRQDOO\ௐZLWKௐௐ LQWHUQDWLRQDOௐVDOHVௐSHUVRQVௐZKRௐZRUNௐGLUHFWO\ௐIRUௐWKHௐIDFWRU\ௐ,QௐWRWDOௐWKHUHௐDUHௐZHOOௐRYHUௐ ௐVDOHVௐSHUVRQVௐZRUNLQJௐLQௐWKHௐILHOG

'HVFULEHௐWKHௐQHWZRUNௐRIௐ$XWKRUL]HGௐ6HOOHUVௐ
ZKRௐZLOOௐGHOLYHUௐ6ROXWLRQVௐLQFOXGLQJௐGHDOHUVௐ
GLVWULEXWRUVௐUHVHOOHUVௐDQGௐRWKHUௐGLVWULEXWLRQௐ
PHWKRGV
:HௐKDYHௐௐXQLTXHௐGHDOHUVௐLQௐWKHௐ86ௐVHOOLQJௐRQHௐRUௐPRUHௐRIௐRXUௐEUDQGVௐRIௐ VZHHSHUVௐ7KH\ௐDUHௐPDQGDWHGௐDQGௐPHDVXUHGௐWRௐSURYLGHௐIXOOௐVHUYLFHௐVXSSRUWௐIRUௐWKHௐ PDFKLQHVௐVROGௐ$OOௐGHDOHUVௐPXVWௐPHHWௐVWULQJHQWௐILQDQFLDOௐIDFLOLW\ௐDQGௐRUJDQL]DWLRQDOௐ PHDVXUHV

6HUYLFHௐIRUFH )D\DWௐ&OHDQWHFKௐHPSOR\VௐௐSHUVRQVௐWRௐSURYLGHௐVHUYLFHௐVXSSRUWௐWRௐWKHௐGHDOHUௐQHWZRUNௐ 7KHVHௐSHUVRQVௐZRUNௐLQௐFRQMXQFWLRQௐZLWKௐWKHௐIDFWRULHVௐLQௐ(XURSHௐDQGௐ8.ௐZKHUHௐZHௐ KDYHௐDௐIXUWKHUௐVXSSRUWௐQHWZRUNௐRIௐPRUHௐWKDQௐௐSHUVRQVௐDWௐDQ\ௐJLYHQௐWLPH

'HVFULEHௐWKHௐRUGHULQJௐSURFHVVௐ,IௐRUGHUVௐZLOOௐ
EHௐKDQGOHGௐE\ௐGLVWULEXWRUVௐGHDOHUVௐRUௐ
RWKHUVௐH[SODLQௐWKHௐUHVSHFWLYHௐUROHVௐRIௐWKHௐ
3URSRVHUௐDQGௐRWKHUV
,QௐRUGHUௐWRௐSURYLGHௐWKHௐIDVWHVWௐZD\ௐWRௐPDUNHWௐDQGௐFORVHௐGHDOVௐDVௐTXLFNO\ௐDVௐSRVVLEOHௐ DOOௐRUGHUVௐZLOOௐEHௐKDQGOHGௐHQWLUHO\ௐE\ௐWKHௐGHDOHUVௐ,QௐRUGHUௐWRௐPRQLWRUௐDFWLYLW\ௐDQGௐ DVVXUHௐFRPSOLDQFHௐDௐ6KDUH3RLQWௐLVௐXWLOL]HGௐWRௐPDLQWDLQௐWKHௐGDWDEDVHௐRIௐDOOௐDFWLYHௐDQGௐ FORVHGௐTXRWDWLRQVௐ:HௐKDYHௐFUHDWHGௐFXVWRPௐTXRWDWLRQௐWRROVௐIRUௐWKHௐGHDOHUVௐWRௐDVVXUHௐ SURSHUௐSULFLQJௐDQGௐDGKHUHQFHௐWRௐ6RXUFHZHOOௐSROLFLHVௐ2QFHௐWKHௐGHDOௐLVௐDWௐWKHௐSRLQWௐRIௐ SXUFKDVHௐRUGHUௐ)D\DWௐ&OHDQWHFKௐ6DOHVௐWHDPௐZLOOௐUHYLHZௐWKHௐTXRWDWLRQௐIRUௐDFFXUDF\ௐDQGௐ DGKHUHQFHௐWRௐSROLFLHVௐ7KHௐILQDOௐTXRWDWLRQௐLVௐDSSURYHGௐE\ௐ)D\DWௐ&OHDQWHFKௐDQGௐ FRQILUPHGௐWRௐWKHௐGHDOHUௐ'HDOHUVௐDUHௐUHTXLUHGௐWRௐXWLOL]HௐWKLVௐSURFHVV

'HVFULEHௐLQௐGHWDLOௐWKHௐSURFHVVௐDQGௐ
SURFHGXUHௐRIௐ\RXUௐFXVWRPHUௐVHUYLFHௐ
SURJUDPௐLIௐDSSOLFDEOHௐௐ,QFOXGHௐ\RXUௐ
UHVSRQVHWLPHௐFDSDELOLWLHVௐDQGௐ
FRPPLWPHQWVௐDVௐZHOOௐDVௐDQ\ௐLQFHQWLYHVௐWKDWௐ
KHOSௐ\RXUௐSURYLGHUVௐPHHWௐ\RXUௐVWDWHGௐ
VHUYLFHௐJRDOVௐRUௐSURPLVHV
:HௐKDYHௐZLWKௐDOOௐRXUௐGHDOHUVௐWLJKWௐFRQWUDFWVௐVWLSXODWLQJௐZKDWௐZHௐH[SHFWௐIURPௐWKHPௐ 2XUௐGHDOHUVௐDUHௐFRPPLWWHGௐWRௐUHVSRQVHௐZLWKLQௐௐKRXUVௐKRZHYHUௐPRVWௐGRௐUHVSRQGௐ ZLWKLQௐௐKRXUVௐ,QௐRUGHUௐWRௐEHௐDEOHௐWRௐGRௐVRௐWKH\ௐFDQௐUHO\ௐRQௐRXUௐDIWHUௐVDOHVௐGHVNௐDWௐ RXUௐSUHPLVHVௐLQௐ1&ௐEXWௐDOVRௐWKHௐDIWHUௐVDOHVௐGHVNௐDWௐRXUௐIDFWRU\ௐ,QௐWKLVௐZD\ௐZHௐDUHௐ DEOHௐWRௐFRQWDFWௐXVௐIRUௐௐKRXUVௐDௐGD\ௐ$OOௐRXUௐQHZௐXQLWVௐDUHௐVWDQGDUGௐHTXLSSHGௐZLWKௐDௐ WHOHPDWLFVௐV\VWHPௐWKURXJKௐZKLFKௐWKHௐGHDOHUௐDQGௐRUௐWKHௐIDFWRU\ௐFDQௐUHPRWHௐYLHZௐWKHௐ XQLWௐLIௐUHTXLUHGௐDQGௐGLDJQRVHௐDQ\ௐLVVXHVௐIURPௐDௐGLVWDQFHௐDQGௐVDYLQJௐWLPHௐVLQFHௐWKHௐ ILHOGௐWHFKQLFLDQௐZLOOௐDUULYHௐIXOO\ௐSUHSDUHGௐWRௐVRUWௐRXWௐDQ\ௐLVVXHVௐZLWKௐWKHௐPDFKLQH :HௐRSHUDWHௐDௐௐKRXUVௐDFFHVVLEOHௐSDUWVௐZHEVKRSௐIRUௐDOOௐRXUௐGHDOHUVௐWKURXJKௐZKLFKௐ WKH\ௐFDQௐRUGHUௐSDUWVௐDQ\ௐPRPHQWௐRIௐWKHௐGD\ௐ,QௐWKLVௐZDVௐZHௐFDQௐJXDUDQWHHௐRXUௐௐ KRXUVௐSDUWVௐVHUYLFHௐDQGௐSURYLGHௐWKHௐULJKWௐSDUWVௐDWௐWKHௐULJKWௐPRPHQWௐ2XUௐFRPSDQ\ௐKDVௐ DQௐLQFHQWLYHௐSURJUDPௐIRUௐGHDOHUVௐLQௐWHUPVௐRIௐDZDUGLQJௐWKHௐWRSௐௐGHDOHUVௐLQௐWHUPVௐRIௐ VHUYLFHௐFDSDELOLWLHVௐRQௐRXUௐDQQXDOௐGHDOHUௐPHHWLQJௐZLWKௐYDULRXVௐSUL]HVௐ$SDUWௐIURPௐ LQFUHDVLQJௐVDOHVௐWKURXJKௐGHOLYHULQJௐWKHௐEHVWௐVHUYLFHௐWKLVௐLVௐDQRWKHUௐJUHDWௐZD\ௐWRௐNHHSௐ WKHPௐPRWLYDWHGௐ2XUௐ'LDPRQGௐ'HDOHUௐ3URJUDPௐPHDVXUHVௐDOOௐIDFHWVௐRIௐGHDOHUௐ SHUIRUPDQFHௐZLWKௐILQDQFLDOௐLQFHQWLYHVௐWRௐLPSURYH

'HVFULEHௐ\RXUௐDELOLW\ௐDQGௐZLOOLQJQHVVௐWRௐ
SURYLGHௐ\RXUௐSURGXFWVௐDQGௐVHUYLFHVௐWRௐ
6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHV
:HௐDUHௐIXOO\ௐDEOHௐDQGௐZLOOLQJௐWRௐSURYLGHௐRXUௐSURGXFWVௐDQGௐVHUYLFHௐWRௐ6RXUFHZHOOௐ SDUWLFLSDWLQJௐHQWLWLHVௐLQௐWKHௐ86$ௐWKURXJKௐRXUௐORFDOௐSULYDWHO\ௐRZQHGௐGHDOHUௐQHWZRUN

'HVFULEHௐ\RXUௐDELOLW\ௐDQGௐZLOOLQJQHVVௐWRௐ
SURYLGHௐ\RXUௐSURGXFWVௐDQGௐVHUYLFHVௐWRௐ
6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHVௐLQௐ&DQDGD
:HௐDUHௐIXOO\ௐDEOHௐDQGௐZLOOLQJௐWRௐSURYLGHௐRXUௐSURGXFWVௐDQGௐVHUYLFHௐWRௐ6RXUFHZHOOௐ SDUWLFLSDWLQJௐHQWLWLHVௐLQௐ&DQDGDௐWKURXJKௐRXUௐORFDOௐSULYDWHO\ௐRZQHGௐGHDOHUௐQHWZRUN

,GHQWLI\ௐDQ\ௐJHRJUDSKLFௐDUHDVௐRIௐWKHௐ8QLWHGௐ
6WDWHVௐRUௐ&DQDGDௐWKDWௐ\RXௐZLOOௐ127ௐEHௐIXOO\ௐ
VHUYLQJௐWKURXJKௐWKHௐSURSRVHGௐDJUHHPHQW
1$

,GHQWLI\ௐDQ\ௐDFFRXQWௐW\SHௐRIௐ3DUWLFLSDWLQJௐ
(QWLW\ௐZKLFKௐZLOOௐQRWௐKDYHௐIXOOௐDFFHVVௐWRௐ
\RXUௐ6ROXWLRQVௐLIௐDZDUGHGௐDQௐDJUHHPHQWௐ
DQGௐWKHௐUHDVRQLQJௐIRUௐWKLV
1$

'HILQHௐDQ\ௐVSHFLILFௐUHTXLUHPHQWVௐRUௐ
UHVWULFWLRQVௐWKDWௐZRXOGௐDSSO\ௐWRௐRXUௐ
SDUWLFLSDWLQJௐHQWLWLHVௐLQௐ+DZDLLௐDQGௐ$ODVNDௐ
DQGௐLQௐ86ௐ7HUULWRULHV
1$

:LOOௐ3URSRVHUௐH[WHQGௐWHUPVௐRIௐDQ\ௐDZDUGHGௐ
PDVWHUௐDJUHHPHQWௐWRௐQRQSURILWௐHQWLWLHV"
<HVௐLIௐSXUFKDVHUௐLVௐDௐSURSHUௐ6RXUFHZHOOௐ0HPEHUௐRUௐDVௐDSSURYHGௐE\ௐ6RXUFHZHOO

Bid Number: RFP 062425 Vendor Name: FAYAT Environmental Solutions Americas "!

#

4.A.j
Packet Pg. 234 Attachment: Sourcewell - FAYAT Contract 062425 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and 7DEOH
0DUNHWLQJ3ODQ
3RLQWV

/LQH
,WHP 4XHVWLRQ 5HVSRQVH

'HVFULEHௐ\RXUௐPDUNHWLQJௐVWUDWHJ\ௐIRUௐ
SURPRWLQJௐWKLVௐRSSRUWXQLW\ௐௐ8SORDGௐ
UHSUHVHQWDWLYHௐVDPSOHVௐRIௐ\RXUௐ
PDUNHWLQJௐPDWHULDOVௐ
LIௐDSSOLFDEOH
ௐLQௐ
WKHௐGRFXPHQWௐXSORDGௐVHFWLRQௐRIௐ\RXUௐ
UHVSRQVH
$OOௐUHOHYDQWௐPDUNHWLQJௐPDWHULDOௐZLOOௐSURPLQHQWO\ௐGLVSOD\ௐWKHௐ6RXUFHZHOOௐ/RJRௐDVௐZHOOௐDVௐWKHௐ FRQWUDFWௐQXPEHUௐIRUௐHDVHௐRIௐFXVWRPHUௐLQIRUPDWLRQௐ
6HHௐDWWDFKHGௐ0DUNHWLQJௐ3ODQௐZKHQௐDZDUGHGௐ6RXUFHZHOOௐ&RQWUDFW (OHFWURQLFௐPHGLDௐFDPSDLJQ
$Vௐ)D\DWௐ&OHDQWHFKௐ$PHULFDVௐZHௐDFWLYHO\ௐSURPRWHௐRXUௐSURGXFWVௐWKURXJKௐYDULRXVௐVRXUFHVௐRIௐ

VRFLDO
ௐPHGLDௐOLNHௐ/LQNHG,QௐDQGௐ:RUOGVZHHSHUFRPௐIRUௐH[DPSOHௐ:HௐZLOOௐFRQWLQXHௐWRௐGRௐVRௐ DQGௐRQFHௐZHௐFDQௐUHQHZௐRXUௐFRQWUDFWௐZHௐZLOOௐPHQWLRQௐWKLVௐLQௐRXUௐHOHFWURQLFௐQHZVOHWWHUௐRXUௐ QHZVௐVHFWLRQௐRQௐRXUௐZHEVLWHௐEXWௐDOVRௐVRFLDOௐPHGLDௐ:HௐKDYHௐUHFHQWO\ௐUHLQIRUFHGௐRXUௐ PDUNHWLQJௐDQGௐFRPPXQLFDWLRQௐWHDPௐZLWKௐDௐVHQLRUௐPHPEHUௐHQDEOLQJௐXVௐWRௐHYHQௐPRUHௐ HIIHFWLYHO\ௐDSSURDFKௐWKHௐPDUNHWௐDQGௐXWLOL]HௐWKHௐ6RXUFHZHOOௐFRQWUDFWௐWRௐLWVௐIXOOHVWௐ:HௐDOVRௐ LQWHQGௐWRௐGHYHORSௐDௐVSHFLDOௐVHFWLRQௐRQௐRXUௐZHEVLWHௐGHVFULELQJௐWKHௐ6RXUFHZHOOௐFRQWUDFWௐ 3OHDVHௐVHHௐH[DPSOH
ௐ
KWWSV
VFDUDEID\DWFRPHQXVQHZVVFDUDEVRXUFHZHOO
KWWSV
UDYRID\DWFRPHQXVGLVFRYHUUDYRQHZVVRXUFHZHOOFROODERUDWLRQ :HௐUHQHZௐWKHௐQHZVௐIHHGௐRQௐDௐUHJXODUௐEDVLVௐWRௐUHYLYHௐWKHௐPDUNHWௐLQVLJKWௐDQGௐJHQHUDWHௐ LQWHUHVWௐ
&XVWRPL]HGௐ2QOLQHௐ6KDUH3RLQWௐ4XRWLQJௐ7RRO

:HௐKDYHௐGHYHORSHGௐDௐFXVWRPL]HGௐTXRWHௐWRROௐWKDWௐDOORZVௐRXUௐGHDOHUVௐWRௐXWLOL]HௐWKHௐIDVWHVWௐ ZD\ௐWRௐPDUNHWௐIRUௐDௐFXVWRPL]HGௐTXRWDWLRQௐIRUௐWKHLUௐFXVWRPHUௐXVLQJௐ6RXUFHZHOOௐ7KHௐWRROௐ DVVXUHVௐௐFRPSOLDQFHௐDQGௐSURSHUௐLQIRUPDWLRQௐJDWKHULQJௐIRUௐUHSRUWLQJௐDQGௐFRPSOLDQFHௐ $OOௐGHDOHUVௐXVHௐWKLVௐWRROௐZLWKௐWKHௐFXVWRPHUௐWRௐFUHDWHௐDQௐLPPHGLDWHௐLPSDFWௐIRUௐWKHௐGHFLVLRQௐ PDNHUV
3DSHUௐPHGLDௐFDPSDLJQௐ
:HௐUHJXODUO\ௐDGYHUWLVHௐLQௐPDJD]LQHVௐDQGௐRQFHௐWKHௐ6RXUFHZHOOௐFRQWUDFWௐZLOOௐEHௐUHQHZHGௐZHௐ ZLOOௐSODFHௐDௐVSHFLDOௐDGYHUWௐPHQWLRQLQJௐWKDWௐZHௐFRQWLQXHௐWRௐEHௐRQௐWKHௐ6RXUFHZHOOௐFRQWUDFWௐ DQGௐSRLQWLQJௐRXWௐWKHௐYDULRXVௐEHQHILWVௐWKHௐFRQWUDFWௐRIIHUV

/RFDO
ௐ7UDGHௐ6KRZV
:HௐZLOOௐDFWLYHO\ௐHQFRXUDJHௐDOOௐGHDOHUVௐWRௐPDNHௐVXUHௐWKDWௐLWௐLVௐQRWLFHDEOHௐZKHQௐEHLQJௐ SUHVHQWௐDWௐDௐWUDGHௐVKRZௐWKDWௐRXUௐSURGXFWVௐFDQௐEHௐVRXUFHGௐWKURXJKௐ6RXUFHZHOOௐ:HௐZLOOௐ SURYLGHௐEDQQHUVௐDQGௐPDUNHWLQJௐPDWHULDOVௐOLNHௐRIIHUHGௐE\ௐ6RXUFHZHOOௐLQௐRUGHUௐWRௐGRௐVR (QGௐFXVWRPHUௐYLVLWV
$OOௐRXUௐGHDOHUVௐDUHௐLQௐWKHௐSRVVHVVLRQௐRIௐGHPRௐXQLWVௐRIௐRXUௐSURGXFWVௐ:KHQௐPDNLQJௐVDOHVௐ FDOOVௐWRௐDUUDQJHௐSURGXFWௐGHPRQVWUDWLRQVௐEXWௐDOVRௐZKHQௐWKHௐGHPRQVWUDWLRQௐWDNHVௐௐSODFHௐZHௐ ZLOOௐPDNHௐVXUHௐWKDWௐWKHௐVDOHVIRUFHௐZLOOௐPHQWLRQௐWKDWௐWKHௐSURGXFWVௐFDQௐEHௐVRXUFHGௐWKURXJKௐ WKHௐ6RXUFHZHOOௐFRQWUDFWௐDQGௐDOVRௐKDQGௐRXWௐWKHௐVSHFLDOௐ6RXUFHZHOOௐOHDIOHWௐZHௐZLOOௐSURYLGHௐ WKHPௐZLWK

'HVFULEHௐ\RXUௐXVHௐRIௐWHFKQRORJ\ௐDQGௐ
GLJLWDOௐGDWDௐ
HJௐVRFLDOௐPHGLDௐ
PHWDGDWDௐXVDJH
ௐWRௐHQKDQFHௐ
PDUNHWLQJௐHIIHFWLYHQHVV
7KHௐPDUNHWLQJௐWHDPVௐRIௐDOOௐWKHௐEUDQGVௐDFWLYHO\ௐSURPRWHௐWKHௐSURGXFWVௐDURXQGௐGHDOHUௐDQGௐ QDWLRQDOௐHYHQWVௐYLDௐ/LQNHG,Qௐ:HௐEHOLHYHௐLQௐDௐVXUJLFDOௐDSSURDFKௐDQGௐQRWௐDௐORWௐRIௐFRQWHQWௐ :HௐZDQWௐPHDQLQJIXOௐLQIRUPDWLRQௐWRௐEHௐVKDUHGௐ)RUௐORFDOௐ86ௐWUDGHVKRZVௐZHௐZLOOௐGULYHௐWKHௐ GHDOHUVௐWRௐSURYLGHௐWKHௐ/LQNHG,QௐFRQWHQWௐDQGௐDOZD\VௐGULYHௐIRUௐWKHPௐWRௐEULQJௐ6RXUFHZHOOௐWRௐ WKHௐIRUHIURQWௐRIௐWKHLUௐORFDOௐVKRZௐ
$OOௐEUDQGௐZHEVLWHVௐKDYHௐDௐVHFWLRQௐGHGLFDWHGௐWRௐ6RXUFHZHOO

,Qௐ\RXUௐYLHZௐZKDWௐLVௐ6RXUFHZHOO¶VௐUROHௐ
LQௐSURPRWLQJௐDJUHHPHQWVௐDULVLQJௐRXWௐRIௐ
WKLVௐ5)3"ௐ+RZௐZLOOௐ\RXௐLQWHJUDWHௐDௐ
6RXUFHZHOODZDUGHGௐDJUHHPHQWௐLQWRௐ
\RXUௐVDOHVௐSURFHVV"
:HௐDSSUHFLDWHௐWKDWௐ6RXUFHZHOOௐLVௐDQௐLQGHSHQGHQWௐSURYLGHUௐRIௐVHUYLFHVௐWRௐIDFLOLWDWHௐOHJDOௐ JRYHUQPHQWDOௐSURFXUHPHQWௐ:HௐKDYHௐUHFHLYHGௐPDQ\ௐUHIHUHQFHVௐIURPௐWKHௐ6RXUFHZHOOௐWHDPௐ DQGௐWKDWௐLVௐDௐGULYHUௐIRUௐXVௐ6RXUFHZHOO
VௐVHPLQDUVௐDQGௐORFDOௐPHHWLQJVௐWRௐJHQHUDWHௐPRUHௐHQGௐ
XVHUௐDFFHSWDQFHௐLVௐWKHௐNH\ௐIRUௐRXUௐVXFFHVVௐ
2XUௐGHDOHUௐQHWZRUNௐWDNHVௐVHYHUDOௐVDOHVௐDSSURDFKHVௐWRௐWKHௐEX\HUVௐ6RPHௐZLOOௐOHDGௐWRௐWKHௐ FXVWRPHUௐZLWKௐDௐ6RXUFHZHOOௐTXRWHௐLQௐKDQGௐ2WKHUVௐRQFHௐWKHௐSURFHVVௐJHWVௐWRௐWKHௐSRLQWௐRIௐ WKHௐTXRWDWLRQௐWKH\ௐZLOOௐW\SLFDOO\ௐSURYLGHௐDௐ6RXUFHZHOOௐTXRWHௐUDWKHUௐWKDQௐDௐJHQHULFௐTXRWHௐWRௐ SXVKௐWKHௐEX\HUௐWKDWௐGLUHFWLRQ

$UHௐ\RXUௐ6ROXWLRQVௐDYDLODEOHௐWKURXJKௐ
DQௐHSURFXUHPHQWௐRUGHULQJௐSURFHVV"ௐ,Iௐ
VRௐGHVFULEHௐ\RXUௐHSURFXUHPHQWௐ
V\VWHPௐDQGௐKRZௐJRYHUQPHQWDOௐDQGௐ
HGXFDWLRQDOௐFXVWRPHUVௐKDYHௐXVHGௐLW
1$

7DEOH$
9DOXH$GGHG$WWULEXWHV
3RLQWVDSSOLHVWR7DEOH$DQG%

Bid Number: RFP 062425 Vendor Name: FAYAT Environmental Solutions Americas "!

#

4.A.j
Packet Pg. 235 Attachment: Sourcewell - FAYAT Contract 062425 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and /LQH
,WHP 4XHVWLRQ 5HVSRQVH

'HVFULEHௐDQ\ௐSURGXFWௐHTXLSPHQWௐ
PDLQWHQDQFHௐRUௐRSHUDWRUௐWUDLQLQJௐ
SURJUDPVௐWKDWௐ\RXௐRIIHUௐWRௐ
6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHVௐ
,QFOXGHௐGHWDLOVௐVXFKௐDVௐZKHWKHUௐ
WUDLQLQJௐLVௐVWDQGDUGௐRUௐRSWLRQDOௐ
ZKRௐSURYLGHVௐWUDLQLQJௐDQGௐDQ\ௐ
FRVWVௐWKDWௐDSSO\
:HௐGRௐRIIHUௐRSHUDWRUௐDQGௐPDLQWHQDQFHௐWUDLQLQJௐZLWKௐHYHU\ௐGHOLYHU\ௐGRQHௐE\ௐRXUௐORFDOௐGHDOHUௐ QHWZRUNௐ)RUௐELJJHUௐRUGHUVௐZHௐPD\ௐVHQGௐVRPHRQHௐIURPௐWKHௐIDFWRU\ௐ2SHUDWRU VௐWUDLQLQJௐLVௐ
VWDQGDUGௐEXWௐFDQௐEHௐH[WHQGHGௐDJDLQVWௐDQௐH[WUDௐIHHௐDVௐVWLSXODWHGௐE\ௐWKHௐORFDOௐGHDOHUௐ 0DLQWHQDQFHௐWUDLQLQJௐZLOOௐEHௐSHUIRUPHGௐORFDOO\ௐEXWௐWKHUHௐLVௐDOVRௐDQௐRSWLRQௐWRௐKDYHௐWUDLQLQJௐDWௐ RXUௐIDFLOLWLHVௐLQௐ1&ௐWKURXJKௐWKHௐ&OHDQWHFKௐDFDGHP\ௐ7KHௐFRVWௐIRUௐWUDLQLQJௐDWௐWKHௐ&OHDQWHFKௐ DFDGHP\ௐLVௐIUHHௐZLWKௐDௐPLQLPXPௐJURXSௐVL]HௐRIௐௐSHRSOHௐDQGௐDௐPD[LPXPௐJURXSௐVL]HௐRIௐௐ SHRSOHௐ)XUWKHUPRUHௐZHௐRIIHUௐRQOLQHௐWUDLQLQJௐFRXUVHௐDVௐZHOOௐIRUௐDOOௐRXUௐSURGXFWVௐDVௐZHOOௐ RSHUDWRUVௐPDQXDOVௐZRUNVKRSௐPDQXDOVௐDQGௐWHFKQLFDOௐPDQXDOVௐIUHHௐRIௐFKDUJHௐZLWKௐHYHU\ௐ PDFKLQHௐZHௐGHOLYHUௐ$OVRௐRQௐRXUௐ<RX7XEHௐFKDQQHOௐWKHUHௐLVௐDௐVHFWLRQௐZLWKௐYLGHRVௐRQௐKRZௐWRௐ SHUIRUPௐGDLO\ௐPDLQWHQDQFHௐFOHDQLQJௐDQGௐRSHUDWLRQௐRIௐWKHௐHTXLSPHQW $OOௐWKLVௐLVௐIUHHO\ௐDFFHVVLEOHௐVLQFHௐZHௐYDOXHௐSURSHUௐKDQGOLQJௐRIௐRXUௐSURGXFWVௐDQGௐEHOLHYHௐWKDWௐ DIWHUௐVDOHVௐDQGௐWUDLQLQJௐLVௐHVVHQWLDOௐIRUௐWKDW

'HVFULEHௐDQ\ௐWHFKQRORJLFDOௐ
DGYDQFHVௐWKDWௐ\RXUௐSURSRVHGௐ
6ROXWLRQVௐRIIHU
'XOHYRௐDQGௐ5DYRௐRIIHUௐIXOO\ௐHOHFWULFௐPRGHOVௐWKDWௐDUHௐKRPRORJDWHGௐWRௐWKHௐ86ௐDXWRPRWLYHௐ FKDUJLQJௐVWDQGDUGௐ7KHௐ5DYRௐ5HௐKDVௐVROGௐRYHUௐௐ8QLWVௐZRUOGZLGHௐWKHௐ5DYRௐ(ௐKDVௐVROGௐ RYHUௐௐ8QLWVௐZRUOGZLGHௐDQGௐWKHௐ'XOHYRௐ'=HURௐKDVௐVROGௐRYHUௐௐXQLWVௐZRUOGZLGH $OOௐVZHHSHUVௐRIIHUHGௐKDYHௐEHHQௐPDQXIDFWXUHGௐWRௐPHHWௐWKHௐWRXJKHVWௐGHPDQGVௐRIௐWKHௐ (XURSHDQௐ0DUNHWௐ6ZHHSHUVௐLQௐ(XURSHௐWHQGௐWRௐEHௐXVHGௐௐWLPHVௐPRUHௐWKDQௐLQௐWKHௐ86ௐ7KHௐ KRXUVௐDFFXPXODWHGௐE\ௐUXQQLQJௐௐVKLIWVௐSHUௐXQLWௐDUHௐWKHௐUHDVRQௐ7KHVHௐPDFKLQHVௐQHHGௐWRௐ KROGௐXSௐDQGௐFOHDQௐRUௐWKH\ௐZLOOௐQRWௐEHௐSXUFKDVHGௐ
$OOௐVZHHSHUVௐFRPHௐVWDQGDUGௐZLWKௐWHOHPDWLFVௐIRUௐIOHHWVௐWRௐPDQDJHௐWKHLUௐIOHHWௐDQGௐIRUௐRXUௐWHDPௐ WRௐDVVLVWௐZLWKௐGLDJQRVWLFVௐLQௐWKHௐHYHQWௐRIௐIDLOXUH
$OOௐVZHHSHUVௐDUHௐFDSDEOHௐWRௐPHHWௐWKHௐ30ௐௐVZHHSHUௐVWDQGDUG 0DFKLQHVௐXVHௐDௐORZௐIXHOௐFRQVXPSWLRQௐDQGௐORZௐQRLVHௐOHYHOௐ :KHQௐLWௐFRPHVௐWRௐVDIHW\ௐDQGௐVHFXULW\ௐZHௐKDYHௐYHU\ௐKLJKௐVWDQGDUGVௐ7KHௐFDELQVௐDUHௐORZௐWRௐ WKHௐJURXQGௐDQGௐKDYHௐELJௐJODVVௐVXUIDFHVௐFRPHௐVWDQGDUGௐZLWKௐUHDUௐYLHZௐDQGௐVXFWLRQௐPRXWKௐ FDPHUDVௐDQGௐௐGHJUHHௐFDPHUDVௐDUHௐRSWLRQDOௐ7KHௐPDFKLQHVௐKDYHௐDௐVKRUWௐZKHHOEDVHௐ PDNLQJௐWKHௐYHU\ௐPDQHXYHUDEOHௐDVௐZHOOௐZKLFKௐLQFUHDVHVௐGULYLQJௐFRPIRUW 0DQ\ௐRIௐRXUௐVZHHSHUVௐDUHௐH[FHSWLRQDOO\ௐZHOOௐVXLWHGௐWRௐVZHHSௐELF\FOHௐODQHVௐDQGௐRYHUௐWKHௐ \HDUVௐZHௐFDQௐVHHௐDQௐLQFUHDVLQJௐGHPDQGௐLQௐWKLVௐVHJPHQW

'HVFULEHௐDQ\ௐ³JUHHQ´ௐLQLWLDWLYHVௐ
WKDWௐUHODWHௐWRௐ\RXUௐFRPSDQ\ௐRUௐWRௐ
\RXUௐ6ROXWLRQVௐDQGௐLQFOXGHௐDௐOLVWௐ
RIௐWKHௐFHUWLI\LQJௐDJHQF\ௐIRUௐHDFK
$OOௐ)DFWRULHVௐDUHௐ,62ௐ
ௐFRPSOLDQWௐ,QௐDGGLWLRQௐDOOௐVXSSOLHUVௐDUHௐUHTXLUHGௐWRௐEHௐ,62ௐ
ௐFRPSOLDQWௐ
,QௐௐDOOௐIDFWRULHVௐUHFHLYHGௐWKHௐ6LOYHUௐ0HGDOௐIURPௐ(FRYDGLVௐIRUௐRYHUDOOௐVXVWDLQDELOLW\ௐLQௐWKHௐ DXWRPRWLYHௐVHFWRUௐ7KLVௐLVௐRQHௐRIௐWKHௐPRVWௐVWULQJHQWௐVHFWRUVௐRIௐ(FRYDGLVௐ(FRYDGLVௐPHDVXUHVௐ DOOௐIDFHWVௐRIௐVXVWDLQDELOLW\ௐDQGௐLVௐWKHௐPRVWௐUHVSHFWHGௐPHDVXUHPHQWௐLQௐ(XURSH 7KHௐ)D\DWௐ*URXSௐFRUHௐYDOXHௐRIௐ(FRUHVSRQVLELOLW\ௐLVௐQRWௐMXVWௐWDONௐ$OOௐRIௐWKHௐJURXSௐPXVWௐ PHDVXUHௐDQGௐUHSRUWௐWKHLUௐLQGLYLGXDOௐFDUERQௐIRRWSULQWௐZLWKௐDௐJRDOௐWRௐEHௐFDUERQௐQHXWUDOௐE\ௐ

,GHQWLI\ௐDQ\ௐWKLUGSDUW\ௐLVVXHGௐHFR
ODEHOVௐUDWLQJVௐRUௐFHUWLILFDWLRQVௐWKDWௐ
\RXUௐFRPSDQ\ௐKDVௐUHFHLYHGௐIRUௐWKHௐ
6ROXWLRQVௐLQFOXGHGௐLQௐ\RXUௐ3URSRVDOௐ
UHODWHGௐWRௐHQHUJ\ௐHIILFLHQF\ௐRUௐ
FRQVHUYDWLRQௐOLIHF\FOHௐGHVLJQௐ

FUDGOHWRFUDGOH
ௐRUௐRWKHUௐ
JUHHQVXVWDLQDELOLW\ௐIDFWRUV
,62ௐ

ௐ(FRYDGLVௐ6LOYHUௐ0HGDOௐIRUௐDOOௐ)DFWRULHV

:KDWௐXQLTXHௐDWWULEXWHVௐGRHVௐ\RXUௐ
FRPSDQ\ௐ\RXUௐSURGXFWVௐRUௐ\RXUௐ
VHUYLFHVௐRIIHUௐWRௐ6RXUFHZHOOௐ
SDUWLFLSDWLQJௐHQWLWLHV"ௐ:KDWௐPDNHVௐ
\RXUௐSURSRVHGௐVROXWLRQVௐXQLTXHௐLQௐ
\RXUௐLQGXVWU\ௐDVௐLWௐDSSOLHVௐWRௐ
6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHV"
7KHௐVPDOOௐVL]Hௐ
ZLWKRXWௐVDFULILFLQJௐFDSDFLW\
ௐDQGௐKLJKௐSRZHUௐFOHDQLQJௐRIௐRXUௐPDFKLQHVௐDORQJௐ
ZLWKௐDௐORZௐIXHOௐFRQVXPSWLRQௐDQGௐORZௐQRLVHௐOHYHOௐPDNHௐRXUௐSURGXFWVௐVXSHULRUௐLQௐWKHௐPDUNHWௐ SODFHௐ(DFKௐPDFKLQHௐLVௐJHDUHGௐWRௐUXQௐDVௐHIILFLHQWO\ௐDVௐSRVVLEOHௐDVௐWKLVௐLVௐWKHௐVWDQGDUGௐLQௐ (XURSHௐ
:HௐKDYHௐVKRUWௐOHDGௐWLPHVௐ/HVVௐWKDQௐௐPRQWKVௐDQGௐFDQௐFXVWRPL]HௐWKHௐPDFKLQHVௐWRௐVXLWௐWKHௐ QHHGVௐRIௐWKHௐHQGௐXVHU
:HௐRIIHUௐVHYHUDOௐVROXWLRQVௐIRUௐ%LNHௐ3DWKௐDQGௐ&LW\ௐ&HQWHUௐRSHUDWLRQௐRQௐVLGHZDONVௐDQGௐLQௐWLJKWௐ TXDUWHUVௐ
:HௐRIIHUௐௐXQLTXHௐIXOO\ௐHOHFWULFௐRIIHULQJVௐKRPRORJDWHGௐWRௐ86ௐ$XWRPRWLYHௐFKDUJLQJௐVWDQGDUGVௐ DQGௐDOOௐWKUHHௐKDYHௐEHHQௐSURYHQௐWKURXJKRXWௐWKHௐZRUGௐWRௐSHUIRUP

'HVFULEHௐLQௐGHWDLOௐZDUUDQWLHVௐ
RIIHUHGௐLQFOXGLQJௐLIௐWKH\ௐFRYHUௐDOOௐ
SURGXFWVௐSDUWVௐODERUௐWHFKQLFLDQௐ
WUDYHOௐDQGௐJHRJUDSKLFௐUHJLRQVௐ
FRYHUHG
:DUUDQWLHVௐDUHௐௐ<HDUVௐZLWKௐH[WHQGHGௐZDUUDQWLHVௐRSWLRQDOௐ7KH\ௐFRYHUௐDOOௐSDUWVௐODERUௐDQGௐ WUDYHOௐZLWKௐOLPLWVௐIRUௐPLOHDJHௐ:DUUDQW\ௐVHUYLFHௐLVௐDYDLODEOHௐLQௐDOOௐRIௐ1RUWKௐ$PHULFD

Bid Number: RFP 062425 Vendor Name: FAYAT Environmental Solutions Americas "!

#

4.A.j
Packet Pg. 236 Attachment: Sourcewell - FAYAT Contract 062425 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and 'HVFULEHௐDQ\ௐOLPLWDWLRQVௐ
UHVWULFWLRQVௐRUௐRWKHUௐIDFWRUVௐWKDWௐ
DGYHUVHO\ௐDIIHFWௐZDUUDQW\ௐFRYHUDJHௐ
LQFOXGLQJௐDQ\ௐFRYHUDJHௐIRUௐLWHPVௐ
PDGHௐE\ௐRWKHUௐPDQXIDFWXUHUVௐVXFKௐ
DVௐFKDVVLV
(QJLQHௐ0DQXIDFWXUHUVௐFRYHUௐWKHௐHQJLQHௐZDUUDQWLHVௐ:HௐZLOOௐVRPHWLPHVௐRIIHUௐSROLF\ௐZDUUDQW\ௐLQௐ WKHௐHYHQWௐWKHௐHQJLQHௐVXSSOLHUௐGRHVௐQRWௐVWDQGௐEHKLQGௐWKHௐSURGXFW

7DEOH%
9DOXH$GGHG$WWULEXWHV
/LQH
,WHP 4XHVWLRQ &HUWLILFDWLRQ 2IIHUHG &RPPHQW
6HOHFWௐDQ\ௐ:RPHQௐ
RUௐ0LQRULW\ௐ%XVLQHVVௐ
(QWLW\ௐ
:0%(
ௐ6PDOOௐ
%XVLQHVVௐ(QWLW\ௐ

6%(
ௐRUௐYHWHUDQௐ
RZQHGௐEXVLQHVVௐ
FHUWLILFDWLRQVௐWKDWௐ\RXUௐ
FRPSDQ\ௐRUௐKXEௐ
SDUWQHUVௐKDYHௐ
REWDLQHGௐ8SORDGௐ
GRFXPHQWDWLRQௐDQGௐDௐ
OLVWLQJௐRIௐGHDOHUVKLSVௐ
+8%ௐSDUWQHUVௐRUௐUH
VHOOHUVௐLIௐDYDLODEOHௐ
6HOHFWௐDOOௐWKDWௐDSSO\
<HV
1R
1$

0LQRULW\ௐ%XVLQHVVௐ
(QWHUSULVHௐ
0%(

<HV
1R
1$

:RPHQௐ%XVLQHVVௐ
(QWHUSULVHௐ
:%(

<HV
1R
1$

'LVDEOHG2ZQHGௐ
%XVLQHVVௐ(QWHUSULVHௐ

'2%(

<HV
1R
1$

9HWHUDQ2ZQHGௐ
%XVLQHVVௐ(QWHUSULVH

9%(

<HV
1R
1$

6HUYLFH'LVDEOHGௐ
9HWHUDQ2ZQHGௐ
%XVLQHVV

6'92%

<HV
1R
1$

6PDOOௐ%XVLQHVVௐ
(QWHUSULVHௐ
6%(

<HV
1R
1$

6PDOOௐ'LVDGYDQWDJHGௐ
%XVLQHVVௐ
6'%

<HV
1R
1$

:RPHQ2ZQHGௐ6PDOOௐ
%XVLQHVVௐ
:26%

<HV
1R
1$

7DEOH$
3ULFLQJ
3RLQWVDSSOLHVWR7DEOH$DQG%

3URYLGHGHWDLOHGSULFLQJLQIRUPDWLRQLQWKHTXHVWLRQVWKDWIROORZEHORZ /LQH
,WHP 4XHVWLRQ 5HVSRQVH

'HVFULEHௐ\RXUௐSD\PHQWௐWHUPVௐDQGௐDFFHSWHGௐSD\PHQWௐ
PHWKRGV
9DULHVௐ'HDOHUௐE\ௐ'HDOHUௐIURPௐ&2'ௐWRௐ1HWௐௐWHUPVௐ3D\PHQWௐE\ௐ &KHFNௐRUௐ:LUHௐ7UDQVIHUௐ2QO\

'HVFULEHௐDQ\ௐOHDVLQJௐRUௐILQDQFLQJௐRSWLRQVௐDYDLODEOHௐIRUௐXVHௐ E\ௐHGXFDWLRQDOௐRUௐJRYHUQPHQWDOௐHQWLWLHV
:HௐDFWLYHO\ௐ3URPRWHௐ/HDVLQJௐYLDௐWKHௐ6RXUFHZHOOௐSURYLGHUௐ1&/ௐ *RYHUQPHQWௐ&DSLWDOௐ,QௐDGGLWLRQௐDOOௐGHDOHUVௐKDYHௐWKHLUௐRZQௐSRVVLEOHௐ OHDVLQJௐSDUWQHUVௐZKRௐRIIHUௐDJJUHVVLYHௐ0XQLFLSDOௐ/HDVLQJௐDQGௐFUHDWLYHௐ ILQDQFLQJ

'HVFULEHௐDQ\ௐVWDQGDUGௐWUDQVDFWLRQௐGRFXPHQWVௐWKDWௐ\RXௐ
SURSRVHௐWRௐXVHௐLQௐFRQQHFWLRQௐZLWKௐDQௐDZDUGHGௐDJUHHPHQWௐ

RUGHUௐIRUPVௐWHUPVௐDQGௐFRQGLWLRQVௐVHUYLFHௐOHYHOௐ
DJUHHPHQWVௐHWF
ௐ8SORDGௐDOOௐWHPSODWHௐDJUHHPHQWVௐRUௐ
WUDQVDFWLRQௐGRFXPHQWVௐZKLFKௐPD\ௐEHௐSURSRVHGௐWRௐ
3DUWLFLSDWLQJௐ(QWLWLHV
&OHDQWHFKௐ$PHULFDௐRQO\ௐRIIHUVௐWKHௐILQDOௐTXRWDWLRQௐIRUPௐ6DPSOHௐ $WWDFKHGௐ
'HDOHUVௐPDQDJHௐWKHLUௐWUDQVDFWLRQVௐGLIIHUHQWO\ௐDQGௐDVௐVXFKௐWKHLUௐLVௐDௐ ZLGHௐUDQJHௐRIௐGRFXPHQWVௐ&OHDQWHFKௐDVVXUHௐFRPSOLDQFHௐZLWKௐDOOௐUXOHVௐ DQGௐSROLFLHVௐRIௐWKHௐ6RXUFHZHOOௐ&RQWUDFWௐDQGௐDFWVௐVZLIWO\ௐWRௐKDQGOHௐ DQ\ௐODFNௐRIௐFRPSOLDQFH

Bid Number: RFP 062425 Vendor Name: FAYAT Environmental Solutions Americas "!

#

4.A.j
Packet Pg. 237 Attachment: Sourcewell - FAYAT Contract 062425 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and 'Rௐ\RXௐDFFHSWௐWKHௐ3FDUGௐSURFXUHPHQWௐDQGௐSD\PHQWௐ
SURFHVV"ௐ,IௐVRௐLVௐWKHUHௐDQ\ௐDGGLWLRQDOௐFRVWௐWRௐ6RXUFHZHOOௐ SDUWLFLSDWLQJௐHQWLWLHVௐIRUௐXVLQJௐWKLVௐSURFHVV"
3&DUGVௐDUHௐDFFHSWHGௐDWௐFHUWDLQௐGHDOHUVௐ,QௐJHQHUDOௐZHௐSUHIHUௐZLUHௐ WUDQVIHUௐGXHௐWRௐWKHௐYDOXHௐRIௐWKHௐPDFKLQHV

'HVFULEHௐ\RXUௐSULFLQJௐPRGHOௐ
HJௐOLQHLWHPௐGLVFRXQWVௐRUௐ
SURGXFWFDWHJRU\ௐGLVFRXQWV
ௐ3URYLGHௐGHWDLOHGௐSULFLQJௐGDWDௐ

LQFOXGLQJௐVWDQGDUGௐRUௐOLVWௐSULFLQJௐDQGௐWKHௐ6RXUFHZHOOௐ
GLVFRXQWHGௐSULFH
ௐRQௐDOOௐRIௐWKHௐLWHPVௐWKDWௐ\RXௐZDQWௐ
6RXUFHZHOOௐWRௐFRQVLGHUௐDVௐSDUWௐRIௐ\RXUௐ5)3ௐUHVSRQVHௐ,Iௐ DSSOLFDEOHௐSURYLGHௐDௐ6.8ௐIRUௐHDFKௐLWHPௐLQௐ\RXUௐSURSRVDOௐ 8SORDGௐ\RXUௐSULFLQJௐPDWHULDOVௐ
LIௐDSSOLFDEOH
ௐLQௐWKHௐ
GRFXPHQWௐXSORDGௐVHFWLRQௐRIௐ\RXUௐUHVSRQVH
)RUௐRXUௐௐ%UDQGVௐDQGௐDOOௐSURGXFWVௐௐZHௐZRUNௐZLWKௐVWDQGDUGௐSULFHOLVWVௐ 2QௐWKHVHௐSULFHOLVWVௐWKHௐFXVWRPHUௐFDQௐWLFNௐZKLFKௐRSWLRQVௐKHௐRUௐVKHௐ ZRXOGௐUHTXLUHௐRQௐWKHௐPDFKLQHௐDQGௐLQௐWKDWௐZD\ௐHDVLO\ௐFDOFXODWHௐWKHௐ ILQDOௐSULFHௐ$OOௐRSWLRQVௐKDYHௐDௐXQLTXHௐ6.8
:HௐKDYHௐFUDIWHGௐFXVWRPL]HGௐTXRWDWLRQௐIRUPVௐIRUௐHDFKௐௐSURGXFWௐDQGௐ IRUௐHDFKௐGHDOHUௐWRௐXVHௐWRௐFXVWRPL]HௐWKHௐRUGHUௐIRUௐHDFKௐHQGௐXVHUௐ %HLQJௐWKDWௐWKHௐPDFKLQHVௐDUHௐYHU\ௐFRPSOH[ௐDQGௐRIIHUௐPDQ\ௐRSWLRQVௐ WKHௐFXVWRPL]DWLRQௐKDVௐVDYHGௐPDQ\ௐKRXUVௐRIௐZRUNௐIRUௐWKHௐGHDOHUௐ QHWZRUNௐ7KLVௐDOORZVௐWKHௐGHDOHUௐWRௐHDVLO\ௐXWLOL]HௐWKHௐFRQWUDFWௐDQGௐ SUHSDUHௐTXRWDWLRQVௐIRUௐWKHௐHQGௐXVHUௐLQௐDௐVKRUWௐRUGHUௐWRௐIXUWKHUௐUHGXFHௐ WKHௐWLPHௐIURPௐLQTXLU\ௐWRௐVDOH

4XDQWLI\ௐWKHௐSULFLQJௐGLVFRXQWௐUHSUHVHQWHGௐE\ௐWKHௐSULFLQJௐ SURSRVDOௐLQௐWKLVௐUHVSRQVHௐ)RUௐH[DPSOHௐLIௐWKHௐSULFLQJௐLQௐ \RXUௐUHVSRQVHௐUHSUHVHQWVௐDௐSHUFHQWDJHௐGLVFRXQWௐIURPௐ
0653ௐRUௐOLVWௐVWDWHௐWKHௐSHUFHQWDJHௐRUௐSHUFHQWDJHௐUDQJH :HௐRIIHUௐDௐௐSHUFHQWDJHௐGLVFRXQWௐIURPௐRXUௐ0563ௐSULFHOLVWௐRQௐDOOௐ RIௐWKHௐLWHPVௐEHLQJௐSURSRVHGௐLQௐWKLVௐRIIHUௐ,WௐLVௐDௐVLPSOHௐRIIௐWKHௐOLVWௐ SULFHௐSHUFHQWDJHௐFDOFXODWLRQௐ+RZHYHUௐWKLVௐSHUFHQWDJHௐFRXOGௐEH KLJKHUௐXSRQௐWKHௐGHDOHUV
ௐUHTXHVWௐDQGௐRIWHQௐLVௐKLJKHU

'HVFULEHௐDQ\ௐTXDQWLW\ௐRUௐYROXPHௐGLVFRXQWVௐRUௐUHEDWHௐ SURJUDPVௐWKDWௐ\RXௐRIIHU
:HௐRIIHUௐTXDQWLW\ௐGLVFRXQWௐLQௐFRQVXOWDWLRQௐZLWKௐWKHௐGHDOHUௐDQGௐILQDOௐ FXVWRPHUௐ7KHVHௐFDQௐYDU\ௐIURPௐௐWRௐ

3URSRVHௐDௐPHWKRGௐRIௐIDFLOLWDWLQJௐ³VRXUFHG´ௐSURGXFWVௐRUௐ UHODWHGௐVHUYLFHVௐZKLFKௐPD\ௐEHௐUHIHUUHGௐWRௐDVௐ³RSHQௐ
PDUNHW´ௐLWHPVௐRUௐQRQFRQWUDFWHGௐLWHPVௐ)RUௐH[DPSOHௐ\RXௐ PD\ௐVXSSO\ௐVXFKௐLWHPVௐ³DWௐFRVW´ௐRUௐ³DWௐFRVWௐSOXVௐDௐ
SHUFHQWDJH´ௐRUௐ\RXௐPD\ௐVXSSO\ௐDௐTXRWHௐIRUௐHDFKௐVXFKௐ
UHTXHVW
9DULRXVௐFXVWRPHUVௐPLJKWௐUHTXLUHௐDGGLWLRQDOௐLWHPVௐDQGRUௐRSWLRQV ZKLFKௐDUHௐQRWௐDYDLODEOHௐIURPௐWKHௐIDFWRU\ௐ7KHVHௐZLOOௐEHௐLQFOXGHGௐLQௐ WKHௐTXRWDWLRQௐXSRQௐUHTXHVWௐRIௐWKHௐGHDOHUௐDIWHUௐKDYLQJௐDJUHHGௐXSRQௐ WKHVHௐZLWKௐWKHௐILQDOௐFXVWRPHUௐ7KHVHௐFRXOGௐLQFOXGHௐLWHPVௐVXFKௐDVௐ DGGLWLRQDOௐOLJKWVௐZUDSSLQJௐRIௐWKHௐPDFKLQHௐFRPPXQLFDWLRQௐGHYLFHVௐ HWFௐ7KHௐSULFLQJௐZLOOௐYDU\ௐDQGௐEHௐQHJRWLDWHGௐZLWKௐWKHௐHQGௐXVHUௐWRௐ PD[LPL]HௐWKHௐVDYLQJVௐIRUௐWKHௐEX\HU

,GHQWLI\ௐDQ\ௐHOHPHQWௐRIௐWKHௐWRWDOௐFRVWௐRIௐDFTXLVLWLRQௐWKDWௐLV 127ௐLQFOXGHGௐLQௐWKHௐSULFLQJௐVXEPLWWHGௐZLWKௐ\RXUௐUHVSRQVHௐ 7KLVௐLQFOXGHVௐDOOௐDGGLWLRQDOௐFKDUJHVௐDVVRFLDWHGௐZLWKௐDௐ SXUFKDVHௐWKDWௐDUHௐQRWௐGLUHFWO\ௐLGHQWLILHGௐDVௐIUHLJKWௐRUௐ VKLSSLQJௐFKDUJHVௐ)RUௐH[DPSOHௐOLVWௐFRVWVௐIRUௐLWHPVௐOLNHௐSUH GHOLYHU\ௐLQVSHFWLRQௐLQVWDOODWLRQௐVHWௐXSௐPDQGDWRU\ௐWUDLQLQJௐ RUௐLQLWLDOௐLQVSHFWLRQௐ,GHQWLI\ௐDQ\ௐSDUWLHVௐWKDWௐLPSRVHௐVXFKௐ FRVWVௐDQGௐWKHLUௐUHODWLRQVKLSௐWRௐWKHௐ3URSRVHU
7KHௐIROORZLQJௐFRVWVௐDUHௐQRWௐLQFOXGHGௐLQௐWKHௐSULFLQJௐVXEPLWWHGௐ7KHVHௐ FDQௐEHௐDGGHGௐWRௐWKHௐTXRWHௐE\ௐWKHௐORFDOௐGHDOHUௐXSRQௐFRQVXOWDWLRQௐZLWKௐ WKHௐFRVWXPHUௐVKRXOGௐKHௐUHTXLUHௐVXFKௐLWHPV

ௐ/RFDOO\ௐLQVWDOOHGௐQRQௐIDFWRU\ௐRSWLRQVௐXSRQௐUHTXHVWௐRIௐௐWKHௐFXVWRPHUௐ ௐ3',ௐFKDUJHVௐLIௐDSSOLFDEOH
ௐ$GGLWLRQDOௐWUDLQLQJௐRQௐWRSௐRIௐWKHௐVWDQGDUGௐRIIHUHGௐWUDLQLQJௐ ௐ)UHLJKWௐDQGௐ'HOLYHU\
ௐ)UHLJKWௐFRVWVௐZLOOௐEHௐSUHSDLGௐDQGௐDGGHGௐWRௐ
WKHௐ0HPEHUV
ௐLQYRLFHௐ6PDOOௐLWHPVௐZLOOௐEHௐLQௐPRVWௐFDVHVௐGHOLYHUHGௐ E\ௐ836ௐ2WKHUௐIUHLJKWௐFDUULHUVௐPD\ௐEHௐXWLOL]HGௐLQௐVKLSPHQWVௐLHௐ )HGHUDOௐ([SUHVVௐ'+/ௐDQGௐFRPPRQௐFDUULHUௐIRUௐWUXFNௐIUHLJKWௐ7KHௐ DFWXDOௐFRVWௐRIௐVKLSPHQWௐZLOOௐEHௐSDVVHGௐWKUXௐWRௐWKHௐFXVWRPHUௐ:HௐZLOOௐ QRWௐPDUNௐXSௐWKLVௐLWHPௐIRUௐSURILWௐ0LQLPDOௐKDQGOLQJௐIHHVௐPD\ௐEHௐDGGHGௐ ZKHUHௐVSHFLDOௐSDFNDJLQJௐLVௐUHTXLUHGௐ7KHௐ0HPEHUௐZLOOௐEHௐQRWLILHGௐRIௐ WKHVHௐFKDUJHVௐLIௐDSSOLFDEOHௐSULRUௐWRௐRUGHUௐSODFHPHQWௐ
ௐ)HGHUDOO\ௐ0DQGDWHGௐ,WHPV
ௐ7KHௐFRVWௐRIௐDQ\ௐIHGHUDOO\ௐௐPDQGDWHG
LWHPVௐPD\ௐEHௐSDVVHGௐRQௐWRௐWKHௐ0HPEHUௐ'HDOHUVௐZLOOௐZRUNௐZLWKௐWKHௐ EX\HUVௐDQGௐDQ\ௐFRVWௐLQFXUUHGௐWRௐPHHWௐWKHௐUHTXLUHPHQWVௐRIௐWKLVௐ PDQGDWHௐPD\ௐEHௐSDVVHGௐRQௐWRௐWKHௐPHPEHUௐ$Q\ௐFRVWVௐDSSOLFDEOHௐ ZLOOௐEHௐSURYLGHGௐWRௐWKHௐ0HPEHUௐSULRUௐWRௐDQ\ௐௐ3XUFKDVHௐ2UGHUௐEHLQJௐ LVVXHGௐ2QFHௐWKHௐ32ௐLVௐSODFHGௐWKHUHௐZLOOௐEHௐQRௐIXUWKHUௐFKDQJHV

Bid Number: RFP 062425 Vendor Name: FAYAT Environmental Solutions Americas "!

#

4.A.j
Packet Pg. 238 Attachment: Sourcewell - FAYAT Contract 062425 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and ,IௐIUHLJKWௐGHOLYHU\ௐRUௐVKLSSLQJௐLVௐDQௐDGGLWLRQDOௐFRVWௐWRௐWKHௐ 6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLW\ௐGHVFULEHௐLQௐGHWDLOௐWKHௐ FRPSOHWHௐIUHLJKWௐVKLSSLQJௐDQGௐGHOLYHU\ௐSURJUDP
7KHௐVKLSSLQJௐSURFHVVௐDQGௐPHWKRGௐLVௐGRQHௐLQௐFRQVXOWDWLRQௐZLWKௐWKHௐ ILQDOௐFXVWRPHUௐEXWௐJHQHUDOO\ௐLWௐH[LVWVௐRXWௐRIௐWKHௐIROORZLQJ

1HZௐEXLOGௐPDFKLQH

ௐ7KHௐIDFWRU\ௐLQIRUPVௐWKHௐLPSRUWHUௐ
&OHDQWHFKௐ$PHULFD
ௐZKHQௐWKHௐ
PDFKLQHௐLVௐUHDG\ௐIRUௐVKLSPHQW

ௐ&OHDQWHFKௐERRNVௐWUDQVSRUWௐIURPௐWKHௐIDFWRU\ௐWRௐWKHௐGHDOHU
ௐ%HIRUHௐWUDQVSRUWௐDௐILQDOௐPDFKLQHௐFKHFNௐLVௐSHUIRUPHGௐ

ௐ7KHௐPDFKLQHௐZLOOௐEHௐORDGHGௐLQௐDௐFRQWDLQHUௐDQGௐWUDQVSRUWHGௐWRௐWKHௐ SRUWௐZKHUHௐLWௐZLOOௐEHௐORDGHGௐRQWRௐDௐYHVVHO

ௐ7KHௐYHVVHOௐDUULYHVௐDWௐWKHௐFORVHVWௐSRUWௐWRௐWKHௐGHDOHUௐZKHUHௐWKHௐ FRQWDLQHUௐZLOOௐEHௐORDGHGௐRQௐDௐWUXFNௐDQGௐWUDQVSRUWHGௐWRௐWKHௐGHDOHU
ௐ8SRQௐDUULYDOௐRIௐWKHௐPDFKLQHௐWKHௐGHDOHUௐSHUIRUPVௐDௐPDFKLQHௐFKHFNௐ DIWHUௐWKHௐPDFKLQHௐKDVௐEHHQௐXQORDGHG

ௐ,IௐUHTXLUHGௐORFDOௐRSWLRQVௐZLOOௐEHௐLQVWDOOHGௐRQௐWKHௐPDFKLQHௐ
ௐ2QFHௐILQLVKHGௐWKHௐPDFKLQHௐZLOOௐEHௐPDGHௐUHDG\ௐIRUௐWUDQVSRUW

ௐ7KHௐGHDOHUௐSHUIRUPVௐDௐ3',ௐRIௐWKHௐPDFKLQH

ௐ7KHௐPDFKLQHௐLVௐWUDQVSRUWHGௐE\ௐWKHௐGHDOHUௐRQௐDௐIODWEHGௐWUDLOHUௐWRௐ WKHௐFXVWRPHU

ௐ8SRQௐDFFHSWDQFHௐRIௐWKHௐPDFKLQHௐDௐILQDOௐFKHFNௐLVௐGRQH

ௐ7KHௐPDFKLQHௐLVௐKDQGHGௐRYHUௐLQFOXGLQJௐWKHௐLQYRLFHௐZKLFKௐLQFOXGHVௐ WKHௐIUHLJKWௐFKDUJHV

ௐ8SRQௐSD\PHQWௐWKHௐ&HUWLILFDWHௐRIௐ2ULJLQௐZLOOௐEHௐKDQGHGௐRYHU 6WRFNௐXQLWௐDWௐWKHௐGHDOHU

ௐ7KHௐFXVWRPHUௐSODFHVௐWKHௐRUGHU

ௐ7KHௐGHDOHUௐLVௐLQIRUPHG

ௐ7KHௐGHDOHUௐSHUIRUPVௐDௐ3',ௐRIௐWKHௐPDFKLQH

ௐ7KHௐPDFKLQHௐLVௐWUDQVSRUWHGௐE\ௐWKHௐGHDOHUௐRQௐDௐIODWEHGௐWUDLOHUௐWRௐ WKHௐFXVWRPHU

ௐ8SRQௐDFFHSWDQFHௐRIௐWKHௐPDFKLQHௐDௐILQDOௐFKHFNௐLVௐGRQH

ௐ7KHௐPDFKLQHௐLVௐKDQGHGௐRYHUௐLQFOXGLQJௐWKHௐLQYRLFHௐZKLFKௐLQFOXGHVௐ WKHௐIUHLJKWௐFKDUJHV

ௐ8SRQௐSD\PHQWௐWKHௐ&HUWLILFDWHௐRIௐ2ULJLQௐZLOOௐEHௐKDQGHGௐRYHU

6SHFLILFDOO\ௐGHVFULEHௐIUHLJKWௐVKLSSLQJௐDQGௐGHOLYHU\ௐWHUPVௐRUௐ SURJUDPVௐDYDLODEOHௐIRUௐ$ODVNDௐ+DZDLLௐ&DQDGDௐRUௐDQ\ௐ
RIIVKRUHௐGHOLYHU\
:HௐFDQௐVKLSௐDQGௐGHOLYHUௐDQ\ZKHUHௐLQௐ1RUWKௐ$PHULFDௐXSRQௐWKHௐ

FXVWRPHU
VௐUHTXHVWௐDQGௐWRௐ+DZDLLௐRQௐDௐFDVHௐE\ௐFDVHௐEDVLVௐXQWLOௐZHௐ KDYHௐDSSRLQWHGௐDௐGHDOHUௐWKHUH

'HVFULEHௐDQ\ௐXQLTXHௐGLVWULEXWLRQௐDQGRUௐGHOLYHU\ௐPHWKRGVௐRUௐ RSWLRQVௐRIIHUHGௐLQௐ\RXUௐSURSRVDO
$OOௐGLVWULEXWLRQௐLVௐYLDௐWKHௐGHDOHUௐQHWZRUN

6SHFLILFDOO\ௐGHVFULEHௐDQ\ௐVHOIDXGLWௐSURFHVVௐRUௐSURJUDPௐWKDWௐ \RXௐSODQௐWRௐHPSOR\ௐWRௐYHULI\ௐFRPSOLDQFHௐZLWKௐ\RXUௐ
SURSRVHGௐDJUHHPHQWௐZLWKௐ6RXUFHZHOOௐ7KLVௐSURFHVVௐLQFOXGHVௐ HQVXULQJௐWKDWௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHVௐREWDLQௐWKHௐ SURSHUௐSULFLQJ
$OOௐ'HDOHUௐ6RXUFHZHOOௐDFWLYLW\ௐLVௐKDQGOHGௐYLDௐDௐVKDUHSRLQWௐ&OHDQWHFKௐ 6DOHVௐ$GPLQVௐSURYLGHௐWKHௐTXRWDWLRQVௐDQGௐPRQLWRUௐWKHௐXVDJHௐRIௐWKHௐ VKDUHSRLQWௐDQGௐTXRWHௐUHTXHVWVௐ'HDOHUVௐDUHௐIUHHௐWRௐSUHSDUHௐ TXRWDWLRQVௐLQௐRUGHUௐWRௐEHௐDJLOHௐEXWௐWKHௐILQDOௐTXRWHௐLVௐDSSURYHGௐDQGௐ PRQLWRUHGௐE\ௐWKHௐ&OHDQWHFKௐDGPLQV

,Iௐ\RXௐDUHௐDZDUGHGௐDQௐDJUHHPHQWௐSURYLGHௐDௐIHZௐH[DPSOHVௐ RIௐLQWHUQDOௐPHWULFVௐWKDWௐZLOOௐEHௐWUDFNHGௐWRௐPHDVXUHௐZKHWKHUௐ \RXௐDUHௐKDYLQJௐVXFFHVVௐZLWKௐWKHௐDJUHHPHQW
%\ௐRIIHULQJௐRXUௐQHWZRUNௐFXVWRPL]HGௐTXRWHௐWRROVௐZHௐKDYHௐPDGHௐLWௐWKHௐ HDVLHVWௐFRQWUDFWௐIRUௐWKHPௐWRௐXVHௐWRௐVHOOௐRXUௐSURGXFWVௐ :HௐWUDFNௐRXUௐ6RXUFHZHOOௐVDOHVௐDQGௐFRPSDUHௐWKHVHௐWRௐRXUௐQRQௐ 6RXUFHZHOOௐVDOHVௐ2XUௐWRWDOௐVDOHVௐLVௐJURZLQJௐ\HDUௐRQௐ\HDUௐEXWௐZHௐ KDYHௐQRWLFHGௐWKDWௐWKHௐSHUFHQWDJHௐRIௐVDOHVௐWKURXJKௐ6RXUFHZHOOௐKDVௐ LQFUHDVHGௐDVௐSDUWௐRIௐRXUௐWRWDOௐVDOHVௐRYHUௐWKHௐSDVWௐ\HDUVௐ:HௐLQWHQG WRௐNHHSௐRQௐGRLQJௐVRௐDQGௐDUHௐFRQILGHQWௐWKDWௐZHௐFDQௐJURZௐRXUௐ EXVLQHVVௐHYHQௐIXUWKHUௐWKURXJKௐWKHௐ6RXUFHZHOOௐFRQWUDFWௐVLQFHௐZHௐDUHௐ VHHLQJௐPRUHௐDQGௐPRUHௐHQWKXVLDVPௐLQௐWKHௐPDUNHWௐIRUௐVRXUFLQJௐWKURXJKௐ WKHௐ6RXUFHZHOOௐFRQWUDFW
$SDUWௐIURPௐWKLVௐZHௐDOVRௐNHHSௐWUDFNௐRIௐWKHௐWLPHௐLWௐWDNHVௐEHWZHHQௐWKHௐ ILUVWௐFRQWDFWௐZLWKௐWKHௐFXVWRPHUௐDQGௐWKHௐDFWXDOௐVDOHௐ:HௐQRWLFHGௐWKDWௐ WKLVௐWLPLQJௐLVௐVLJQLILFDQWO\ௐVKRUWHUௐZKHQௐWKHௐFXVWRPHUௐLVௐVRXUFLQJௐ WKURXJKௐ6RXUFHZHOOௐWKDQௐZKHQௐKHௐLVVXHVௐDௐELGௐ,QௐRXUௐRSLQLRQௐWKLVௐLVௐ DௐJUHDWௐEHQHILWௐZKHQௐVHOOLQJௐWKURXJKௐWKHௐ6RXUFHZHOOௐFRQWUDFWௐDV GHDOHUௐEXWௐDOVRௐPDQXIDFWXUHU

3URYLGHௐDௐSURSRVHGௐ$GPLQLVWUDWLRQௐ)HHௐSD\DEOHௐWRௐ
6RXUFHZHOOௐ7KHௐ)HHௐLVௐLQௐFRQVLGHUDWLRQௐIRUௐWKHௐVXSSRUWௐ DQGௐVHUYLFHVௐSURYLGHGௐE\ௐ6RXUFHZHOOௐ7KHௐSURSRVHௐDQௐ
$GPLQLVWUDWLYHௐ)HHௐZLOOௐEHௐSD\DEOHௐWRௐ6RXUFHZHOOௐRQௐDOOௐ FRPSOHWHGௐWUDQVDFWLRQVௐWRௐ3DUWLFLSDWLQJௐ(QWLWLHVௐXWLOL]LQJௐWKLV $JUHHPHQWௐ7KHௐ$GPLQLVWUDWLYHௐ)HHௐZLOOௐEHௐFDOFXODWHGௐDVௐDௐ VWDWHGௐSHUFHQWDJHௐRUௐIODWௐIHHௐDVௐPD\ௐEHௐDSSOLFDEOHௐRIௐDOOௐ FRPSOHWHGௐWUDQVDFWLRQVௐXWLOL]LQJௐWKLVௐ0DVWHUௐ$JUHHPHQWௐ ZLWKLQௐWKHௐSUHFHGLQJௐ5HSRUWLQJௐ3HULRGௐGHILQHGௐLQௐWKHௐ
DJUHHPHQW
:HௐSURSRVHௐDQௐDGPLQLVWUDWLYHௐIHHௐRIௐௐGXHௐWRௐWKHௐXQLTXHௐQDWXUH DQGௐPDNHXSௐRIௐWKHௐSURGXFWVௐWKDWௐZHௐLQWHQGௐWRௐUHSUHVHQWௐLQௐWKLVௐ SURSRVHGௐ6RXUFHZHOOௐFRQWUDFW

Bid Number: RFP 062425 Vendor Name: FAYAT Environmental Solutions Americas "!

#

4.A.j
Packet Pg. 239 Attachment: Sourcewell - FAYAT Contract 062425 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and 7DEOH%
3ULFLQJ2IIHUHG
/LQH
,WHP 7KH3ULFLQJ2IIHUHGLQWKLV3URSRVDOLV

&RPPHQWV
7KHSULFLQJRIIHUHGLVDVJRRGDVRUEHWWHUWKDQSULFLQJW\SLFDOO\RIIHUHGWKURXJKH[LVWLQJFRRSHUDWLYHFRQWUDFWVVWDWH FRQWUDFWVRUDJHQFLHV
6RXUFHZHOOௐLVௐWKHௐRQO\ௐ
1DWLRQDOௐFRQWUDFWௐXWLOL]HGௐE\ௐ
)D\DWௐ&OHDQWHFKௐ$PHULFDௐ
%UDQGVௐDQGௐWKHௐRQO\ௐ
FRRSHUDWLYHௐSURJUDPௐ
SURPRWHGௐE\ௐRXUௐJURXS

7DEOH$
'HSWKDQG%UHDGWKRI2IIHUHG6ROXWLRQV
3RLQWVDSSOLHVWR7DEOH$DQG%

/LQH
,WHP 4XHVWLRQ 5HVSRQVH

3URYLGHௐDௐGHWDLOHGௐGHVFULSWLRQௐRIௐDOOௐWKHௐ
VROXWLRQVௐRIIHUHGௐLQFOXGLQJௐXVHGௐVROXWLRQVௐLIௐ
DSSOLFDEOHௐRIIHUHGௐLQௐWKHௐSURSRVDO
%URFKXUHVௐIRUௐ$OOௐ0RGHOVௐZLOOௐEHௐXSORDGHGௐLQௐWKHௐ'RFXPHQWௐ$UHD 'XOHYRௐ0RGHOV
ௐௐ'=HURௐ'ௐ'ௐ
5DYRௐ0RGHOV
ௐ5ௐ5ௐ(ௐ5ௐ5H
6FDUDEௐ0RGHOV
ௐ0DYHQௐௐ0DJQXPௐ8

:LWKLQௐWKLVௐ5)3ௐFDWHJRU\ௐWKHUHௐPD\ௐEHௐ
VXEFDWHJRULHVௐRIௐVROXWLRQVௐ/LVWௐVXEFDWHJRU\ௐ
WLWOHVௐWKDWௐEHVWௐGHVFULEHௐ\RXUௐSURGXFWVௐDQGௐ
VHUYLFHV
6WUHHWௐVZHHSHUVௐ6LGHZDONௐVZHHSHUVௐ3DUNLQJௐORWௐVZHHSHUVௐ%LNHௐ3DWKௐ6ZHHSHUVௐ ,QGXVWULDOௐ6ZHHSHUVௐ/LWWHUௐ&ROOHFWLRQௐ6ZHHSHUVௐ9DFXXPௐ6ZHHSHUVௐ0HFKDQLFDOௐ 6ZHHSHUV

'HWDLOௐDQ\ௐUXQZD\ௐVZHHSLQJௐDQGௐFOHDQLQJௐ
HTXLSPHQWௐWKDWௐLVௐ)$$ௐFRPSOLDQWௐ
VXFKௐDVௐ
3DUWௐ
ௐ$&ௐௐ)RUHLJQௐ2EMHFWௐ
'HEULVௐ1DWLRQDOௐ$HURVSDFH
6WDQGDUGௐ

1$

'HVFULEHௐDQ\ௐVHUYLFHௐFRQWUDFWௐRSWLRQVௐRUௐ
H[WHQGHGௐZDUUDQWLHVௐRIIHUHGௐZLWKௐ\RXUௐSURSRVDO
([WHQGHGௐ:DUUDQWLHVௐDUHௐ$YDLODEOHௐIRUௐSXUFKDVHௐDQGௐGHSHQGHQWௐRQௐWKHௐRSWLRQௐFRQWHQWௐ RIௐWKHௐPDFKLQH
'HDOHUVௐLQGHSHQGHQWO\ௐRIIHUௐ6HUYLFHௐ&RQWUDFWVௐDQGௐWKH\ௐDUHௐVROGௐDVௐ1RQௐ6RXUFHZHOOௐ LWHPV

7DEOH%
'HSWKDQG%UHDGWKRI2IIHUHG6ROXWLRQV
,QGLFDWHEHORZLIWKHOLVWHGW\SHVRUFODVVHVRI6ROXWLRQVDUHRIIHUHGZLWKLQ\RXUSURSRVDO3URYLGHDGGLWLRQDOFRPPHQWVLQWKHWH[WER[ SURYLGHGDVQHFHVVDU\
/LQH,WHP &DWHJRU\RU7\SH 2IIHUHG
&RPPHQWV
6WUHHWௐVZHHSHU <HV
1R
'ௐ'ௐௐ5ௐ5Hௐ0DYHQௐௐ
0DJQXPௐ8

6LGHZDONௐVZHHSHU <HV
1R
ௐ'=HURௐ5ௐ5ௐ(

3DUNLQJௐORWௐVZHHSHUV <HV
1R
$OOௐ0RGHOV

5XQZD\ௐVZHHSLQJௐDQGௐFOHDQLQJௐHTXLSPHQW <HV
1R
1$

/LWWHUௐWUDVKௐDQGௐGHEULVௐYDFXXPV <HV
1R
ௐ'=HURௐ5ௐ5ௐ(ௐ5ௐ5H

2SWLRQDOௐHTXLSPHQWௐDFFHVVRULHVௐVXSSOLHVௐDQGௐ
UHSODFHPHQWௐRUௐZHDUௐSDUWVௐ
FRPSOLPHQWDU\ௐWRௐ
SURSRVHUVௐRIIHULQJௐLQௐௐDERYH

<HV
1R
)XOOௐVWRFNௐRIௐUHSDLUௐDQGௐVHUYLFHௐSDUWVௐ
$OOௐPDFKLQHVௐKDYHௐDௐZLGHௐUDQJHௐRIௐ
RSWLRQVௐDYDLODEOHௐWRௐVXLWௐLQGLYLGXDOௐ
QHHGV

5HQWDOௐRSWLRQVௐ
FRPSOLPHQWDU\ௐWRௐSURSRVHUVௐRIIHULQJௐ
LQௐௐDERYH

<HV
1R
0RVWௐGHDOHUVௐRIIHUௐDௐUHQWDOௐSURJUDPௐ
)D\DWௐ&OHDQWHFKௐGRHVௐQRWௐGLUHFWO\ௐUHQWௐ
VZHHSHUV

Bid Number: RFP 062425 Vendor Name: FAYAT Environmental Solutions Americas "!

#

4.A.j
Packet Pg. 240 Attachment: Sourcewell - FAYAT Contract 062425 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and 7DEOH
([FHSWLRQVWR7HUPV&RQGLWLRQVRU6SHFLILFDWLRQV)RUP /LQH,WHP127,&(
7RLGHQWLI\DQ\H[FHSWLRQRUWRUHTXHVWDQ\PRGLILFDWLRQWR6RXUFHZHOOVWDQGDUG0DVWHU$JUHHPHQWWHUPV FRQGLWLRQVRUVSHFLILFDWLRQVD3URSRVHUPXVWVXEPLWWKHSURSRVHGH[FHSWLRQ V
RUUHTXHVWHGPRGLILFDWLRQ
V
YLDUHGOLQHLQWKH0DVWHU
$JUHHPHQW7HPSODWHSURYLGHGLQWKH³%LG'RFXPHQWV´VHFWLRQ3URSRVHUPXVWXSORDGWKHUHGOLQHLQWKH³5HTXHVWHG([FHSWLRQV´XSORDG ILHOG$OOH[FHSWLRQVDQGRUSURSRVHGPRGLILFDWLRQVDUHVXEMHFWWRUHYLHZDQGDSSURYDOE\6RXUFHZHOODQGZLOOQRWDXWRPDWLFDOO\EH LQFOXGHGLQWKH0DVWHU$JUHHPHQW
'R\RXKDYHH[FHSWLRQVRUPRGLILFDWLRQVWRSURSRVH" $FNQRZOHGJHPHQW

<HV
1R
'RFXPHQWV
(QVXUH\RXUVXEPLVVLRQGRFXPHQW
V
FRQIRUPVWRWKHIROORZLQJ

'RFXPHQWVLQ3')IRUPDWDUHSUHIHUUHG'RFXPHQWVLQ:RUG([FHORUFRPSDWLEOHIRUPDWVPD\DOVREHSURYLGHG 'RFXPHQWVVKRXOG127KDYHDVHFXULW\SDVVZRUGDV6RXUFHZHOOPD\QRWEHDEOHWRRSHQWKHILOH,WLV\RXUVROHUHVSRQVLELOLW\WR HQVXUHWKDWWKHXSORDGHGGRFXPHQW
V
DUHQRWHLWKHUGHIHFWLYHFRUUXSWHGRUEODQNDQGWKDWWKHGRFXPHQWVFDQEHRSHQHGDQGYLHZHGE\ 6RXUFHZHOO
6RXUFHZHOOPD\UHMHFWDQ\UHVSRQVHZKHUHDQ\GRFXPHQW V
FDQQRWEHRSHQHGDQGYLHZHGE\6RXUFHZHOO
,I\RXQHHGWRXSORDGPRUHWKDQRQH

GRFXPHQWIRUDVLQJOHLWHP\RXVKRXOGFRPELQHWKHGRFXPHQWVLQWRRQH]LSSHGILOH,IWKH ]LSSHGILOHFRQWDLQVPRUHWKDQRQH

GRFXPHQWHQVXUHHDFKGRFXPHQWLVQDPHGLQUHODWLRQWRWKHVXEPLVVLRQIRUPDWLWHPUHVSRQGLQJ WR)RUH[DPSOHLIUHVSRQGLQJWRWKH0DUNHWLQJ3ODQFDWHJRU\VDYHWKHGRFXPHQWDV³0DUNHWLQJ3ODQ´ 3ULFLQJ)$<$7&/($17(&+6285&(:(//0$67(535,&,1*9[OV[7XHVGD\-XQH

)LQDQFLDO6WUHQJWKDQG6WDELOLW\)D\DW&OHDQWHFK)LQDQFLDOVSGI7XHVGD\-XQH

0DUNHWLQJ3ODQ6DPSOHV6RXUFZHOO0DUNHWLQJ3ODQYSGI7XHVGD\-XQH

:0%(0%(6%(RU5HODWHG&HUWLILFDWHV

RSWLRQDO

6WDQGDUG7UDQVDFWLRQ'RFXPHQW6DPSOHV&LW\RI6DQ-RVH00(6RXUFHZHOO'HDOHU3ULFH0DVWHU5DYRH YSGI
)ULGD\-XQH

8SORDG$GGLWLRQDO'RFXPHQW&OHDQWHFK%URFKXUHVSGI)ULGD\-XQH

5HTXHVWHG([FHSWLRQV

RSWLRQDO

Bid Number: RFP 062425 Vendor Name: FAYAT Environmental Solutions Americas "!

#

4.A.j
Packet Pg. 241 Attachment: Sourcewell - FAYAT Contract 062425 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and $GGHQGD7HUPVDQG&RQGLWLRQV
352326(5$)),'$9,72)&203/,$1&(
,FHUWLI\WKDW,DPDQDXWKRUL]HGUHSUHVHQWDWLYHRI3URSRVHUDQGKDYHDXWKRULW\WRVXEPLWWKHIRUHJRLQJ3URSRVDO

7KH3URSRVHULVVXEPLWWLQJWKLV3URSRVDOXQGHULWVIXOODQGFRPSOHWHOHJDOQDPHDQGWKH3URSRVHUOHJDOO\H[LVWVLQJRRGVWDQGLQJLQWKH MXULVGLFWLRQRILWVUHVLGHQFH
7KH3URSRVHUZDUUDQWVWKDWWKHLQIRUPDWLRQSURYLGHGLQWKLV3URSRVDOLVWUXHFRUUHFWDQGUHOLDEOHIRUSXUSRVHVRIHYDOXDWLRQIRU DZDUG
7KH3URSRVHUFHUWLILHVWKDW

7KHSULFHVLQWKLV3URSRVDOKDYHEHHQDUULYHGDWLQGHSHQGHQWO\ZLWKRXWIRUWKHSXUSRVHRIUHVWULFWLQJFRPSHWLWLRQDQ\ FRQVXOWDWLRQFRPPXQLFDWLRQRUDJUHHPHQWZLWKDQ\RWKHU3URSRVHURUFRPSHWLWRUUHODWLQJWR
L
7KRVHSULFHV

LL
7KHLQWHQWLRQWRVXEPLWDQRIIHU
RU

LLL
7KHPHWKRGVRUIDFWRUVXVHGWRFDOFXODWHWKHSULFHVRIIHUHG

7KHSULFHVLQWKLV3URSRVDOKDYHQRWEHHQDQGZLOOQRWEHNQRZLQJO\GLVFORVHGE\WKH3URSRVHUGLUHFWO\RULQGLUHFWO\WRDQ\RWKHU 3URSRVHURUFRPSHWLWRUEHIRUHDZDUGXQOHVVRWKHUZLVHUHTXLUHGE\ODZ DQG

1RDWWHPSWKDVEHHQPDGHRUZLOOEHPDGHE\3URSRVHUWRLQGXFHDQ\RWKHUFRQFHUQWRVXEPLWRUQRWWRVXEPLWD3URSRVDOIRUWKH SXUSRVHRIUHVWULFWLQJFRPSHWLWLRQ
7RWKHEHVWRILWVNQRZOHGJHDQGEHOLHIDQGH[FHSWDVRWKHUZLVHGLVFORVHGLQWKH3URSRVDOWKHUHDUHQRUHOHYDQWIDFWVRU FLUFXPVWDQFHVZKLFKFRXOGJLYHULVHWRDQRUJDQL]DWLRQDOFRQIOLFWRILQWHUHVW$QRUJDQL]DWLRQDOFRQIOLFWRILQWHUHVWLVFUHDWHGZKHQD FXUUHQWRUSURVSHFWLYHVXSSOLHULVXQDEOHWRUHQGHULPSDUWLDOVHUYLFHWR6RXUFHZHOOGXHWRWKHVXSSOLHU¶V DFUHDWLRQRIHYDOXDWLRQFULWHULD
GXULQJSHUIRUPDQFHRIDSULRUDJUHHPHQWZKLFKSRWHQWLDOO\LQIOXHQFHVIXWXUHFRPSHWLWLYHRSSRUWXQLWLHVWRLWVIDYRU EDFFHVVWRQRQSXEOLF
DQGPDWHULDOLQIRUPDWLRQWKDWPD\SURYLGHIRUDFRPSHWLWLYHDGYDQWDJHLQDODWHUSURFXUHPHQWFRPSHWLWLRQ FLPSDLUHGREMHFWLYLW\LQ
SURYLGLQJDGYLFHWR6RXUFHZHOO
3URSRVHUZLOOSURYLGHWR6RXUFHZHOO3DUWLFLSDWLQJ(QWLWLHV6ROXWLRQVLQDFFRUGDQFHZLWKWKHWHUPVFRQGLWLRQVDQGVFRSHRIDUHVXOWLQJ PDVWHUDJUHHPHQW
7KH3URSRVHUSRVVHVVHVRUZLOOSRVVHVVDOODSSOLFDEOHOLFHQVHVRUFHUWLILFDWLRQVQHFHVVDU\WRGHOLYHU6ROXWLRQVXQGHUDQ\UHVXOWLQJ PDVWHUDJUHHPHQW
7KH3URSRVHUZLOOFRPSO\ZLWKDOODSSOLFDEOHSURYLVLRQVRIIHGHUDOVWDWHDQGORFDOODZVUHJXODWLRQVUXOHVDQGRUGHUV 3URSRVHULWVHPSOR\HHVDJHQWVDQGVXEFRQWUDFWRUVDUHQRW

,QFOXGHGRQWKH³6SHFLDOO\'HVLJQDWHG1DWLRQDOVDQG%ORFNHG3HUVRQV´OLVWPDLQWDLQHGE\WKH2IILFHRI)RUHLJQ$VVHWV&RQWURORIWKH 8QLWHG6WDWHV'HSDUWPHQWRIWKH7UHDVXU\IRXQGDW
KWWSV
ZZZWUHDVXU\JRYRIDFGRZQORDGVVGQOLVWSGI

,QFOXGHGRQWKHJRYHUQPHQWZLGHH[FOXVLRQVOLVWVLQWKH8QLWHG6WDWHV6\VWHPIRU$ZDUG0DQDJHPHQWIRXQGDW

KWWSV
VDPJRY6$0
RU
3UHVHQWO\GHEDUUHGVXVSHQGHGSURSRVHGIRUGHEDUPHQWGHFODUHGLQHOLJLEOHRUYROXQWDULO\H[FOXGHGIURPSURJUDPVRSHUDWHGE\WKH 6WDWHRI0LQQHVRWD
WKH8QLWHG6WDWHVIHGHUDOJRYHUQPHQWDVDSSOLFDEOH
RUDQ\3DUWLFLSDWLQJ(QWLW\9HQGRUFHUWLILHVDQGZDUUDQWV WKDWQHLWKHULWQRULWVSULQFLSDOVKDYHEHHQFRQYLFWHGRIDFULPLQDORIIHQVHUHODWHGWRWKHVXEMHFWPDWWHURIWKLVVROLFLWDWLRQ %\FKHFNLQJWKLVER[,DFNQRZOHGJHWKDW,DPERXQGE\WKHWHUPVRIWKH3URSRVHU¶V$IILGDYLWKDYHWKHOHJDODXWKRULW\WRVXEPLWWKLV 3URSRVDORQEHKDOIRIWKH3URSRVHUDQGWKDWWKLVHOHFWURQLFDFNQRZOHGJPHQWKDVWKHVDPHOHJDOHIIHFWYDOLGLW\DQGHQIRUFHDELOLW\DVLI, KDGKDQGVLJQHGWKH3URSRVDO7KLVVLJQDWXUHZLOOQRWEHGHQLHGVXFKOHJDOHIIHFWYDOLGLW\RUHQIRUFHDELOLW\VROHO\EHFDXVHDQHOHFWURQLF VLJQDWXUHRUHOHFWURQLFUHFRUGZDVXVHGLQLWVIRUPDWLRQ0LFKDHO1HOVRQ*HQHUDO0DQDJHU)D\DW&OHDQWHFK$PHULFDV//& Bid Number: RFP 062425 Vendor Name: FAYAT Environmental Solutions Americas "!

#

4.A.j
Packet Pg. 242 Attachment: Sourcewell - FAYAT Contract 062425 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and 7KH3URSRVHUGHFODUHVWKDWWKHUHLVDQDFWXDORUSRWHQWLDO&RQIOLFWRI,QWHUHVWUHODWLQJWRWKHSUHSDUDWLRQRILWVVXEPLVVLRQDQGRUWKH 3URSRVHUIRUHVHHVDQDFWXDORUSRWHQWLDO&RQIOLFWRI,QWHUHVWLQSHUIRUPLQJWKHREOLJDWLRQVFRQWHPSODWHGLQWKHVROLFLWDWLRQSURSRVDO <HV 1R
7KH%LGGHUDFNQRZOHGJHVDQGDJUHHVWKDWWKHDGGHQGXPDGGHQGDEHORZIRUPSDUWRIWKH%LG'RFXPHQW &KHFNWKHER[LQWKHFROXPQ,KDYHUHYLHZHGWKLVDGGHQGXPEHORZWRDFNQRZOHGJHHDFKRIWKHDGGHQGD )LOH1DPH
,KDYHUHYLHZHGWKH
EHORZDGGHQGXPDQG
DWWDFKPHQWV
LI

DSSOLFDEOH

3DJHV
$GGHQGXPBB5)3BB6WUHHWBDQGB6SHFLDOW\B6ZHHSHUV
7XH0D\
30
$GGHQGXPBB5)3BB6WUHHWBDQGB6SHFLDOW\B6ZHHSHUV
7KX0D\
30
Bid Number: RFP 062425 Vendor Name: FAYAT Environmental Solutions Americas "!

#

4.A.j
Packet Pg. 243 Attachment: Sourcewell - FAYAT Contract 062425 (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and City of Santa
Monica

CITY OF SANTA MONICA

CALIFORNIA LEVINE ACT DISCLOSURE
The Levine Act prohibits City Officers from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $500 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.

Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: "Officer" means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal.

Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election othen/vise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

Name of Contributor:

E NO
Amount(s)
Date(s)
Please specify
of Contribution(s):

below and/or

add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

City of Santa Monica Levine Act Disclosure Form

4.A.k
Packet Pg. 244 Attachment: Tymco - Levine Act (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and Recycling) Crtyof Santa
Monica
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Print Name: Kenneth ^.Vour^/
Signed: Date: 3 ^^ C
President Title:

TYMCO, Inc. Company:

Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request.

City of Santa Monica Levine Act Disclosure Form

4.A.k
Packet Pg. 245 Attachment: Tymco - Levine Act (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and Recycling)

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica's voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative's requirements. You may obtain a full copy of the Initiative's text from the City Clerk.

This information is required by City Charter Article XXII-Taxpayer Protection.

It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a "public benefit" to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica.

All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees.

Examples of a "public benefit" include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12- month period.

In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who Is seeking a "public benefit." If the "public benefit" is sought by an entity, rather than an Individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a "public benefit" covered by the Oaks initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.

4.A.l
Packet Pg. 246 Attachment: Tymco - Oaks Initiative (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and Recycling)

CITY OF SANTA MONICA

OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a "public benefit." If the "public benefit" is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.

Public benefits include:

Personal services contracts in excess of $25,000 over any 12-month period; Sale of material, equipment or supplies to the City In excess of $25,000 over a 12- month period;
Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
Non-competitive franchise awards with gross revenue of $50,000 or more inany 12-month period;
Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000; Tax "abatement, exception, or benefit" of a value in excess of $5,000 in any 12- month period; or
Payment of "cash or specie" of a net value to the recipient of $10,000 in any 12- month period.

1. 2.

3. 4.

5. 6.

7. Name(s) of persons or entities receiving public benefit:

TYMCO, Inc.

Name(s) of trustees, directors, partners, and officers:

Kenneth J. Young, President Gary B. Young, Executive Vice-President Name(s) of persons with more than a 10% equity, participation, or revenue interest:

Kenneth J. Young, President Gary B. Young, Executive Vice-President Prepared by: Stone Title: Controller
Date: 5/12/26 Signature:.

Email- [email protected] Phone: 254-799-5546
FOR CITY USE ONLY:

Bid/PO/Contract# Permit#

4.A.l
Packet Pg. 247 Attachment: Tymco - Oaks Initiative (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and Recycling)

Page 1 of 27 ends

Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 TYMCO, Inc. Agreement

MASTER GENERAL PROVISIONS
This Master Agreement is made and entered into, by and between the Houston-Galveston Area Council having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and TYMCO, Inc., hereinafter referred to as the Contractor, having its principal place of business at 225 East Industrial Boulevard, Waco, TX, 76705, Texas, United States.

WITNESSETH:

WHEREAS, Houston-Galveston Area Council hereby engages the Contractor to perform certain services in accordance with the specifications of the Master Agreement; and WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Master Agreement;
NOW, THEREFORE, Houston-Galveston Area Council and the Contractor do hereby agree as follows:

ARTICLE 1: LEGAL AUTHORITY
The Contractor warrants and assures Houston-Galveston Area Council that it possesses adequate legal authority to enter into this Master Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Master Agreement and bind the Contractor to the terms of this Master Agreement and any subsequent amendments hereto.

ARTICLE 2: APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Master Agreement in accordance with all federal laws, executive orders, policies, procedures, applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Master Agreement, including without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish Houston-Galveston Area Council with satisfactory proof of its compliance therewith.

ARTICLE 3: PUBLIC INFORMATION
Except as stated below, all materials submitted to H-GAC, including any attachments, appendices, or other information submitted as a part of a submission or Master Agreement, are considered public information, and become the property of H-GAC upon submission and may be reprinted, published, or distributed in any manner by H-GAC according to open records laws, requirements of the US Department of Labor and the State of Texas, and H-GAC policies and procedures. In the event the Contractor wishes to claim portions of the response are not subject to the Texas Public Information Act, it shall so; however, the determination of the Texas Attorney General as to whether such information must be disclosed upon a public request shall be binding on the Contractor. H-GAC will

4.A.m
Packet Pg. 248 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

Page 2 of 27 ends

request such a determination only if Contractor bears all costs for preparation of the submission. H-GAC is not responsible for the return of creative examples of work submitted. H-GAC will not be held accountable if material from submissions is obtained without the written consent of the contractor by parties other than H-GAC, at any time during the evaluation process.

ARTICLE 4: INDEPENDENT CONTRACTOR
The execution of this Master Agreement and the rendering of services prescribed by this Master Agreement do not change the independent status of Houston-Galveston Area Council or the Contractor. No provision of this Master Agreement or act of HoustonGalveston Area Council in performance of the Master Agreement shall be construed as making the Contractor the agent, servant, or employee of Houston-Galveston Area Council, the State of Texas, or the United States Government. Employees of the Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom.

ARTICLE 5: ANTI-COMPETITIVE BEHAVIOR
Contractor will not collude, in any manner, or engage in any practice which may restrict or eliminate competition or otherwise restrain trade.

ARTICLE 6: SUSPENSION AND DEBARMENT
Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (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 1966 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.

Pursuant to the Federal Rule above, Respondent certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas and at all times during the term of the Contract neither it nor its principals will be debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas Respondent shall immediately provide the written notice to H-GAC if at any time the Respondent learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. H-GAC may rely upon a certification of the Respondent that the Respondent is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless the H-GAC knows the certification is erroneous.

ARTICLE 7: GOAL FOR CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (if subcontracts are to be let)
H-GAC’s goal is to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible in providing services under a contract. In accordance with federal procurements requirements of 2 CFR §200.321, if subcontracts are to be let, the prime contractor must take the affirmative steps listed below:

4.A.m
Packet Pg. 249 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

Page 3 of 27 ends

1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;

2. Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into smaller task or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises;

5. Using the services and assistance as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

6. Nothing in this provision will be construed to require the utilization of any firm that is either unqualified or unavailable. The Small Business Administration (SBA) is the primary reference and database for information on requirements related to Federal Subcontracting https://www.sba.gov/federal-contracting/contracting-guide/prime-subcontracting NOTE: The term DBE as used in this solicitation is understood to encompass all programs/business enterprises such as: Small Disadvantaged Business (SDB), Historically Underutilized Business (HUB), Minority Owned Business Enterprise (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business Enterprise (DVBE) or other designation as issued by a certifying agency.

Contractor agrees to work with and assist HGACBuy customer in meeting any DBE targets and goals, as may be required by any rules, processes, or programs they might have in place. Assistance may include compliance with reporting requirements, provision of documentation, consideration of Certified/Listed subcontractors, provision of documented evidence that an active participatory role for a DBE entity was considered in a procurement transaction, etc.

ARTICLE 8: SCOPE OF SERVICES
The services to be performed by the Contractor are outlined in an Attachment to this Master Agreement.

ARTICLE 9: PERFORMANCE PERIOD
This Master Agreement shall be performed during the period which begins 01-Apr-2026 and ends 31-Mar-2030. All services under this Master Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 21, which shall be fully executed by both parties to this Master Agreement.

ARTICLE 10: PAYMENT OR FUNDING
Payment provisions under this Master Agreement are outlined in the Special Provisions. HGAC will not pay for any expenses incurred prior to the execution date of a contract, or any expenses incurred after the termination date of the contract.

ARTICLE 11: PAYMENT FOR WORK
The H-GAC Customer is responsible for making payment to the Contractor upon delivery and acceptance of the goods or completion of the services and submission of the subsequent invoice.

4.A.m
Packet Pg. 250 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

Page 4 of 27 ends

ARTICLE 12: PAYMENT TERMS/PRE-PAYMENT/QUANTITY DISCOUNTS If discounts for accelerated payment, pre-payment, progress payment, or quantity discounts are offered, they must be clearly indicated in the Contractor’s submission prior to contract award. The applicability or acceptance of these terms is at the discretion of the Customer.

ARTICLE 13: REPORTING REQUIREMENTS
If the Contractor fails to submit to Houston-Galveston Area Council in a timely and satisfactory manner any report required by this Master Agreement, or otherwise fails to satisfactorily render performances hereunder, Houston-Galveston Area Council may terminate this Master Agreement with notice as identified in Article 29 of these General Provisions. Houston-Galveston Area Council has final determination of the adequacy of performance and reporting by Contractor. Termination of this Master Agreement for failure to perform may affect Contractor’s ability to participate in future opportunities with Houston-Galveston Area Council. The Contractor's failure to timely submit any report may also be considered cause for termination of this Master Agreement. Any additional reporting requirements shall be set forth in the Special Provisions of this Master Agreement.

ARTICLE 14: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this Master Agreement as outlined and defined in the attached Special Provisions.

ARTICLE 15: SUBCONTRACTS AND ASSIGNMENTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to assign, transfer, convey, sublet, or otherwise dispose of this Master Agreement or any right, title, obligation, or interest it may have therein to any third party without prior written approval of Houston-Galveston Area Council. The Contractor acknowledges that Houston-Galveston Area Council is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Master Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, Houston-Galveston Area Council shall not be responsible for monitoring Contractor's compliance, or that of Contractor’s subcontractors, with any laws or regulations.

ARTICLE 16: AUDIT
Notwithstanding any other audit requirement, Houston-Galveston Area Council reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Master Agreement, such audit may be performed by the Houston-Galveston Area Council local government audit staff, a certified public accountant firm, or other auditors designated by Houston-Galveston Area Council and will be conducted in accordance with applicable professional standards and practices. The Contractor understands and agrees that the Contractor shall be liable to the Houston-Galveston Area Council for any findings that result in monetary obligations to Houston-Galveston Area Council.

ARTICLE 17: TAX EXEMPT STATUS
H-GAC and Customer members are either units of government or qualified non-profit agencies, and are generally exempt from Federal and State sales, excise or use taxes.

Respondent must not include taxes in its Response. It is the responsibility of Contractor to

4.A.m
Packet Pg. 251 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

Page 5 of 27 ends

determine the applicability of any taxes to an order and act accordingly. Exemption certificates will be provided upon request.

ARTICLE 18: EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's costs and documentation of items which are chargeable to Houston-Galveston Area Council under this Master Agreement. Houston-Galveston Area Council, through its staff or designated public accounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect, copy and audit those records on or off the premises by authorized representatives of its own or any public accounting firm selected by Houston-Galveston Area Council. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Master Agreement. The records to be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges.

Contractor agrees that H-GAC will have the right, with reasonable notice, to inspect its records pertaining to purchase orders processed and the accuracy of the fees payable to HGAC. The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party Master Agreements.

ARTICLE 19: RETENTION OF RECORDS
The Contractor and its subcontractors shall maintain all records pertinent to this Master Agreement, and all other financial, statistical, property, participant records, and supporting documentation for a period of no less than seven (7) years from the later of the date of acceptance of the final payment or until all audit findings have been resolved. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved.

ARTICLE 20: DISTRIBUTORS, VENDORS, RESELLERS
Contractor agrees and acknowledges that any such designations of distributors, vendors, resellers or the like are for the convenience of the Contractor only and the awarded Contractor will remain responsible and liable for all obligations under the Contract and the performance of any designated distributor, vendor, reseller, etc. Contractor is also responsible for receiving and processing any Customer purchase order in accordance with the Contract and forwarding of the Purchase Order to the designated distributor, vendor, reseller, etc. to complete the sale or service. H-GAC reserves the right to reject any entity acting on the Contractor’s behalf or refuse to add entities after a contract is awarded.

ARTICLE 21: CHANGE ORDERS AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Master Agreement, which are required by changes in federal or state law or by regulations, are automatically

4.A.m
Packet Pg. 252 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

Page 6 of 27 ends

incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation.

B. To ensure the legal and effective performance of this Master Agreement, both parties agree that any amendment that affects the performance under this Master Agreement must be mutually agreed upon and that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Master Agreement and shall be binding upon the parties as if written herein.

C. Customers have the right to issue a change order to any purchase orders issued to the Contractor for the purposes of clarification or inclusion of additional specifications, qualifications, conditions, etc. The change order must be in writing and agreed upon by Contractor and the Customer agency prior to issuance of any Change Order. A copy of the Change Order must be provided by the Contractor to, and acknowledged by, H-GAC.

ARTICLE 22: CONTRACT ITEM CHANGES
A. If a manufacturer discontinues a contracted item, that item will automatically be considered deleted from the contract with no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.

B. If a manufacturer makes any kind of change in a contracted item which affects the contract price, Contractor must advise H-GAC of the details. H-GAC may allow or reject the change at its sole discretion. If the change is rejected, H-GAC will remove the item from its program and there will be no penalty to Contractor. However, HGAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.

C. If a manufacturer makes any change in a contracted item which does not affect the contract price, Contractor shall advise H-GAC of the details. If the 'new' item is equal to or better than the originally contracted item, the 'new' item shall be approved as a replacement. If the change is rejected H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item or may take any other action deemed by H-GAC at its sole discretion, to be in the best interests of its Customers.

D. In the case of specifically identified catalogs or price sheets which have been contracted as base bid items or as published options, routine published changes to products and pricing will be automatically incorporated into the contract. However, Contractor must still provide written notice and an explanation of the changes to products and pricing. H-GAC will respond with written approval.

ARTICLE 23: CONTRACT PRICE ADJUSTMENTS
Price Decreases

4.A.m
Packet Pg. 253 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

Page 7 of 27 ends

If Contractor’s Direct Cost decreases at any time during the full term of this award, Contractor must immediately pass the decrease on to H-GAC and lower its prices by the amount of the decrease in Direct Cost. (Direct Cost means Contractor’s cost from the manufacturer of any item or if Contractor is the manufacturer, the cost of raw materials required to manufacture the item, plus costs of transportation from manufacturer to Contractor and Contractor to H-GAC. Contractor must notify H-GAC of price decreases in the same way as for price increases set out below. The price decrease shall become effective upon H-GAC’s receipt of Contractor’s notice. If Contractor routinely offers discounted contract pricing, H-GAC may request Contractor accept amended contract pricing equivalent to the routinely discounted pricing.

Price Increase
Contractors may request a price increase for items priced as Base Bid items and Published Options. The amount of any increase will not exceed actual documented increase in Contractor’s Direct Cost and will not exceed 10% of the previous bid price. Considerations on the percentage limit will be given if the price increase is the result of increased tariff charges or other governmental actions, or other economic factors. Manufacturer price/contract changes involving the sale of motor vehicles will be considered and may be allowed during the entire contract period subject to submission and verification of the proper documentation required for a contract change as referenced in this section.

Price Changes
Any permanent increase or decrease in offered pricing for a base contract item or published option is considered a price change. Temporary increases in pricing by whatever name (e.g., ‘surcharge’, ‘adjustment’, ‘equalization charge’, ‘compliance charge’, ‘recovery charge’, etc.), are also considered to be price changes.

For published catalogs and price sheets as part of an H-GAC contract, requests to amend the contract to reflect any new published catalog or price sheet must be submitted whenever the manufacturer publishes a new document. The request must include the new catalog or price sheet. All Products shall, at time of sale, be equipped as required under any then current applicable local, state, and federal government requirements. If, during any contract, changes are made to any government requirements which cause a manufacturer's costs of production to increase, Contractor may increase pricing to the extent of Contractor’s actual cost increase. The increase must be substantiated with support documentation acceptable to H-GAC prior to taking effect. Modifications to a Product required to comply with such requirements which become effective after the date of any sale are the responsibility of the Customer.

Requesting Price Increase/Required Documentation
Contractor must submit a written overview of changes requested and reasons for the request, stating the amount of the increase, along with an itemized list of any increased prices, showing the Contractor’s current price, revised price, the actual dollar difference and the percentage of the price increase by line item. Price change requests must be supported with substantive documentation (e.g., notices from suppliers and manufacturers of pricing changes in products, components, transportation, raw materials or commodities, and/or product availability, copies of invoices from suppliers, etc.) clearly showing that Contractor's actual costs have increased per the applicable line-item bid. The Producer Price Index (PPI) may be used as partial justification, subject to approval by H-GAC, but no price increase based solely on an increase in the PPI will be allowed. This documentation should be submitted in Excel format to facilitate analysis and updating of the website. The letter and documentation must be sent to Lead Program Coordinator, james.glover@h4.A.m Packet Pg. 254 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

Page 8 of 27 ends

gac.com.

Review/Approval of Requests
If H-GAC approves the price increase, Contractor will be notified in writing; no price increase will be effective until Contractor receives this notice. If H-GAC does not approve Contractor’s price increase, Contractor may terminate its performance upon sixty (60) days advance written notice to H-GAC, however Contractor must fulfill any outstanding Purchase Orders. Termination of performance is Contractor’s only remedy if H-GAC does not approve the price increase. H-GAC reserves the right to accept or reject any price change request.

ARTICLE 24: DELIVERIES AND SHIPPING TERMS
The Contractor agrees to make deliveries only upon receipt of authorized Customer Purchase Order acknowledged by H-GAC. Delivery made without such Purchase Order will be at Contractor’s risk and will leave H-GAC the option of canceling any contract awarded to the Contractor. The Contractor must secure and deliver any item within five (5) working days, or as agreed to on any corresponding customer Purchase Order.

Unless otherwise addressed, the following requirements shall apply:
a. Title to goods, and responsibility and liability for loss and/or damage in shipping pass to End User at the delivery destination after receipt and acceptance have taken place. Cost of shipping/delivery shall be paid by End User unless otherwise agreed to by Contractor. If Contractor will be paying for shipping/delivery, shipping terms must be "F.O.B. Destination, Freight Prepaid". If End User will be paying for shipping/delivery, shipping terms must be “F.O.B. Destination – Freight Collect”. b. The details for the application and calculation of shipping and delivery charges must be stated in the Response on Form E. Any freight, shipping or delivery charged to End User will be prepaid and added to the invoice, and will be clearly shown an any Contract Pricing Worksheet or other quote presented to the End User.

ARTICLE 25: RESTOCKING (EXCHANGES AND RETURNS)
There will be no restocking charge to the Customer for return or exchange of any item purchased under the terms of any award. If the Customer wishes to return items purchased under an awarded contract, the Contractor agrees to exchange, these items for other items, with no additional charge incurred. Items must be returned to Contractor within thirty (30) days from date of delivery. If there is a difference in price in the items exchanged, the Contractor must notify H-GAC and invoice Customer for increase price or provide the Customer with a credit or refund for any decrease in price per Customer’s preference. On items returned, a credit or cash refund will be issued by the Contractor to Customer. This return and exchange option will extend for thirty (30) days following the expiration of the term of the Contract. All items returned by the Customer must be unused and in the same merchantable condition as when received. Items that are special ordered may be returned only upon approval of the Contractor.

ARTICLE 26: MANUALS
Each product delivered under contract to any Customer must be delivered with at least one (1) copy of a safety and operating manual and any other technical or maintenance manual.

The cost of the manual(s) must be included in the price for the Product offered.

ARTICLE 27: OUT OF STOCK, PRODUCT RECALLS, AND DISCONTINUED PRODUCTS H-GAC does NOT purchase the products sold pursuant to a Solicitation or Master Agreement. Contractor is responsible for ensuring that notices and mailings, such as Out of Stock or Discontinued Notices, Safety Alerts, Safety Recall Notices, and customer surveys,

4.A.m
Packet Pg. 255 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

Page 9 of 27 ends

are sent directly to the Customer with a copy sent to H-GAC. Customer will have the option of accepting any equivalent product or canceling the item from Customer’s Purchase Order.

Contractor is not authorized to make substitutions without prior approval.

ARTICLE 28: WARRANTIES, SALES, AND SERVICE
Warranties must be the manufacturer's standard and inclusive of any other warranty requirements stated in the Master Agreement; any warranties offered by a dealer will be in addition to the manufacturer’s standard warranty and will not be a substitute for such.

Pricing for any product must be inclusive of the standard warranty.

Contractor is responsible for the execution and effectiveness of all product warranty requests and any claims, Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party.

ARTICLE 29: TERMINATION PROCEDURES
The Contractor acknowledges that this Master Agreement may be terminated for Convenience or Default.

Houston-Galveston Area Council will not pay for any expenses incurred after the termination date of the contract.

A. Convenience
Houston-Galveston Area Council may terminate this Master Agreement at any time, in whole or in part, with or without cause, whenever Houston-Galveston Area Council determines that for any reason such termination is in the best interest of Houston-Galveston Area Council, by providing written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination.

The Contractor may cancel or terminate this Master Agreement upon submission of thirty (30) days written notice, presented to Houston-Galveston Area Council via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from Houston-Galveston Area Council.

B. Default
Houston-Galveston Area Council may, by written notice of default to the Contractor, terminate the whole or any part of the Master Agreement, in any one of the following circumstances:
(1)If the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof; or
(2)If the Contractor fails to perform any of the other provisions of this Master Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Master Agreements that completion of services herein specified within the Master Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period of ten (10) days (or such longer period of time as may be authorized by Houston-Galveston Area Council in writing) after receiving written notice by certified mail of default from Houston-Galveston Area Council.
(3)In the event of such termination, Contractor will notify H-GAC of any outstanding Purchase Orders and H-GAC will consult with the End User and notify the Contractor to what extent the End User wishes the Contractor to complete the

4.A.m
Packet Pg. 256 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

Page 10 of 27 ends

Purchase Order. If Contractor is unable to do so, Contractor may be subject to a claim for damages from H-GAC and/or the End User.

ARTICLE 30: SEVERABILITY
Houston-Galveston Area Council and Contractor agree that should any provision of this Master Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Master Agreement, which shall continue in full force and effect.

ARTICLE 31: FORCE MAJEURE
To the extent that either party to this Master Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed.

Determination of force majeure shall rest solely with Houston-Galveston Area Council.

ARTICLE 32: CONFLICT OF INTEREST
No officer, member or employee of the Contractor or Contractors subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Master Agreement, shall participate in any decision relating to this Master Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Master Agreement.

A. Conflict of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires contractors contracting or seeking to contract with H-GAC to file a conflict-of-interest questionnaire (CIQ) if they have an employment or other business relationship with an H-GAC officer or an officer’s close family member. The required questionnaire and instructions are located on the H-GAC website or at the Texas Ethics Commission website https://www.ethics.state.tx.us/forms/CIQ.pdf. H-GAC officers include its Board of Directors and Executive Director, who are listed on this website. Respondent must complete and file a CIQ with the Texas Ethics Commission if an employment or business relationship with H-GAC office or an officer’s close family member as defined in the law exists.

B. Certificate of Interested Parties Form – Form 1295: As required by Section 2252.908 of the Texas Government Code. H-GAC will not enter a Contract with Contractor unless (i) the Contractor submits a disclosure of interested parties form to H-GAC at the time the Contractor submits the contract H-GAC, or (ii) the Contractor is exempt from such requirement. The required form and instructions are located at the Texas Ethics Commission website
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. Respondents who are awarded a Contract must submit their Form 1295 with the signed Contract to HGAC.

ARTICLE 33: FEDERAL COMPLIANCE
Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. With regards to “Rights to Inventions Made Under a Contract or Master Agreement,” If the Federal award meets the definition of “funding Master Agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient

4.A.m
Packet Pg. 257 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

Page 11 of 27 ends

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 Master Agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Master Agreements,” and any implementing regulations issued by the awarding agency. Contractor agrees to be wholly compliant with the provisions of 2 CFR 200, Appendix II. Additionally, for work to be performed under the Master Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Master Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Master Agreement; (l) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis Bacon Act (40 U.S.C. 276a - 276a-7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) 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 (P.L. 94-163).

ARTICLE 34: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (EFFECTIVE AUG. 13, 2020 AND AS AMENDED OCTOBER 26, 2020)
Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua

4.A.m
Packet Pg. 258 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

Page 12 of 27 ends

Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Respondent must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that offerors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items.

ARTICLE 35: DOMESTIC PREFERENCE
In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, when using federal grant award funds Houston-Galveston Area Council should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). Houston-Galveston Area Council must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, then it shall work with Houston-Galveston Area Council to provide all required certifications and other documentation needed to show compliance.

ARTICLE 36: CRIMINAL PROVISIONS AND SANCTIONS
The Contractor agrees to perform the Master Agreement in conformance with safeguards against fraud and abuse as set forth by the Houston-Galveston Area Council, the State of Texas, and the acts and regulations of any related state or federal agency. The Contractor agrees to promptly notify Houston-Galveston Area Council of any actual or suspected fraud, abuse, or other criminal activity through the filing of a written report within twentyfour (24) hours of knowledge thereof. Contractor shall notify Houston-Galveston Area Council of any accident or incident requiring medical attention arising from its activities under this Master Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from Houston-Galveston Area Council, if any, shall be reported to local law enforcement agencies and Houston-Galveston Area Council within two (2) hours of discovery of any such act.

The Contractor further agrees to cooperate fully with Houston-Galveston Area Council, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation, and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents.

The Contractor shall notify Houston-Galveston Area Council of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Master Agreement or which would adversely affect the Contractor’s ability to perform services under this Master Agreement.

ARTICLE 37: INDEMNIFICATION AND RECOVERY
Houston-Galveston Area Council’s liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will Houston-Galveston Area Council be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits, or savings or other

4.A.m
Packet Pg. 259 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

Page 13 of 27 ends

incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless Houston-Galveston Area Council, its board members, officers, agents, officials, employees, and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractor’s negligent act or omission under this Master Agreement. Contractor shall notify HoustonGalveston Area Council of the threat of lawsuit or of any actual suit filed against Contractor relating to this Master Agreement.

ARTICLE 38: LIMITATION OF CONTRACTOR’S LIABILITY
Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify Houston-Galveston Area Council, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by Houston-Galveston Area Council, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Master Agreement.

ARTICLE 39: TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Master Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Master Agreement.

ARTICLE 40: JOINT WORK PRODUCT
This Master Agreement is the joint work product of Houston-Galveston Area Council and the Contractor. This Master Agreement has been negotiated by Houston-Galveston Area Council and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party.

ARTICLE 41: PROCUREMENT OF RECOVERED MATERIAL
H-GAC and the Respondent must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), Respondent certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Contract will be at least the amount required by the applicable contract specifications or other contractual requirements.

4.A.m
Packet Pg. 260 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

Page 14 of 27 ends

ARTICLE 42: COPELAND “ANTI-KICKBACK” ACT
Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into the contract. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as appropriate agency instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

ARTICLE 43: DISCRIMINATION
Respondent and any potential subcontractors shall comply with all Federal statutes relating to nondiscrimination. These include, but are not limited to:
a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; d) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101- 6107), which prohibits discrimination on the basis of age;
e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; i) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and
j) The requirements of any other nondiscrimination statute(s) that may apply to the application.

ARTICLE 44: DRUG FREE WORKPLACE
Contractor must provide a drug-free workplace in accordance with the Drug-Free Workplace Act, as applicable. For the purposes of this Section, “drug-free” means a worksite at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance. H-GAC may request a copy of this policy.

ARTICLE 45: APPLICABILITY TO SUBCONTRACTORS
Respondent agrees that all contracts it awards pursuant to the contract awarded as a result of this Master Agreement will be bound by the foregoing terms and conditions.

ARTICLE 46: WARRANTY AND COPYRIGHT

4.A.m
Packet Pg. 261 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

Page 15 of 27 ends

Submissions must include all warranty information, including items covered, items excluded, duration, and renewability. Submissions must include proof of licensing if using third party code for programming.

ARTICLE 47: DATA HANDLING AND SECURITY
It will always be the responsibility of the selected Contractor to manage data transfer and to secure all data appropriately during the project to prevent unauthorized access to all data, products, and deliverables.

ARTICLE 48: DISPUTES
All disputes concerning questions of fact or of law arising under this Master Agreement, which are not addressed within the Whole Master Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of Houston-Galveston Area Council or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of Houston-Galveston Area Council. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive.

The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Master Agreement and in accordance with HGAC's final decision.

ARTICLE 49: CHOICE OF LAW: VENUE
This Master Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Master Agreement shall lie exclusively in Harris County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify Houston-Galveston Area Council of such disputes.

ARTICLE 50: ORDER OF PRIORITY
In the case of any conflict between or within this Master Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and 4) Other Attachments.

ARTICLE 51: WHOLE MASTER AGREEMENT
Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. If this Master Agreement has not been signed by the Contractor within 30 calendar days, this Master Agreement will be automatically voided. The Master General Provisions, Master Special Provisions, and Attachments, as provided herein, constitute the complete Master Agreement between the parties hereto, and supersede any and all oral and written Master Agreements between the parties relating to matters herein. Except as otherwise provided herein, this Master Agreement cannot be modified without written consent of the parties.

ARTICLE 52: UNIVERSAL IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT (SAM)

4.A.m
Packet Pg. 262 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

Page 16 of 27 ends

In accordance with 2 CFR Title 2, Subtitle A, Chapter I, Part 25 as it applies to a Federal awarding agency's grants, cooperative agreements, loans, and other types of Federal financial assistance as defined in 2 CFR 25.406. Contractor understands and as it relates to 2 CFR 25.205(a), a Federal awarding agency may not make a Federal award or financial modification to an existing Federal award to an applicant or recipient until the entity has complied with the requirements described in 2 CFR 25.200 to provide a valid unique entity identifier and maintain an active SAM registration (www.SAM.gov) with current information (other than any requirement that is not applicable because the entity is exempted under §

25.110). 2 CFR 25.200(b) requires that registration in the SAM prior to submitting an application or plan; and maintain an active SAM registration with current information, including information on a recipient's immediate and highest level owner and subsidiaries, as well as on all predecessors that have been awarded a Federal contract or grant within the last three years, if applicable, at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency; and provide its unique entity identifier in each application or plan it submits to the Federal awarding agency. To remain registered in the SAM database after the initial registration, the applicant is required to review and update its information in the SAM database on an annual basis from the date of initial registration or subsequent updates to ensure it is current, accurate and complete. At the time a Federal awarding agency is ready to make a Federal award, if the intended recipient has not complied with an applicable requirement to provide a unique entity identifier or maintain an active SAM registration with current information, the Federal awarding agency: (1) May determine that the applicant is not qualified to receive a Federal award; and (2) May use that determination as a basis for making a Federal award to another applicant.

ARTICLE 53: PROCUREMENT OF RECOVERED MATERIALS
In accordance with 2 CFR 200.323, the Houston-Galveston Area Council and the Contractor or Subrecipient must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), the Contractor or Subrecipient certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Agreement will be at least the amount required by the applicable contract specifications or other contractual requirements.

4.A.m
Packet Pg. 263 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

Page 17 of 27 ends

SIGNATURES:

Houston-Galveston Area Council and the Contractor have read, agreed, and executed the whole Master Agreement as of the date first written above, as accepted by:

TYMCO, Inc.

Signature
Name
Title
Date
Houston-Galveston Area Council
Signature
Name Chuck Wemple
Title Executive Director
Date 03-Mar-2026
Kenneth J. Young
President
02-Mar-2026

4.A.m
Packet Pg. 264 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

Page 18 of 27 ends

MASTER SPECIAL PROVISIONS
Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. Incorporated by attachment, as part of the whole Master Agreement, Houston-Galveston Area Council and the Contractor do, hereby agree to the Master Special Provisions as follows:

ARTICLE 1: BIDS/PROPOSALS INCORPORATED
In addition to the whole Master Agreement, the following documents listed in order of priority are incorporated into the Master Agreement by reference: Bid/Proposal Specifications and Contractor’s Response to the Bid/Proposal.

ARTICLE 2: END USER MASTER AGREEMENTS (“EUA”)
Houston-Galveston Area Council acknowledges that the END USER, which is the HGACBuy customer utilizing the contract (CUSTOMER and END USER may be used interchangeably) may choose to enter into an End User Master Agreement (EUA) with the Contractor through this Master Agreement. A CUSTOMER/END USER is a state agency, county, municipality, special district, or other political subdivision of a state, or a qualifying nonprofit corporation (providing one or more governmental function or service that possess legal authority to enter into the Contract. The term of the EUA may exceed the term of the current Houston-Galveston Area Council Master Agreement.

Houston-Galveston Area Council’s acknowledgement is not an endorsement or approval of the End User Master Agreement’s terms and conditions. Contractor agrees not to offer, agree to or accept from the CUSTOMER/END USER, any terms or conditions that conflict with those in Contractor’s Master Agreement with Houston-Galveston Area Council.

Contractor affirms that termination of its Master Agreement with Houston-Galveston Area Council for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA’s stated terms and duration. Pursuant to the terms of this Master Agreement, termination of this Master Agreement will disallow the Contractor from entering into any new EUA with CUSTOMER/END USER. Applicable Houston-Galveston Area Council order processing charges will be due and payable to Houston-Galveston Area Council on any EUAs, surviving termination of this Master Agreement between Houston-Galveston Area Council and Contractor.

ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE
Contractor shall provide its most favorable pricing and terms to Houston-Galveston Area Council, as follows. If at any time during this Master Agreement, Contractor develops a regularly followed standard procedure of entering into Master Agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to Houston-Galveston Area Council on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to Houston-Galveston Area Council, Contractor shall notify Houston-Galveston Area Council within ten (10) business days thereafter, and this Master Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor’s most favorable past Master Agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to Houston-Galveston Area Council and its

4.A.m
Packet Pg. 265 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

Page 19 of 27 ends

CUSTOMER/END USER as provided in its most favorable past Master Agreement. HoustonGalveston Area Council shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Master Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify Houston-Galveston Area Council in writing, setting forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment. HoustonGalveston Area Council, after due consideration of Contractor’s written explanation, may decline to accept such explanation and thereupon this Master Agreement between Houston-Galveston Area Council and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored Master Agreement, to provide the same prices, warranties, benefits, or terms to Houston-Galveston Area Council and the CUSTOMER/END USER.

EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, proposer, or contractor, which are not within bidder's/proposer’s control [example; a manufacturer's bid concession], or to any prices offered to academic institutions, or the Federal Government and its agencies.

ARTICLE 4: PARTY LIABILITY
Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder. Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. Contractor accepts liability to repay, and shall repay upon demand to CUSTOMER/END USER, any amounts determined by Houston-Galveston Area Council, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Master Agreement.

ARTICLE 5: GOVERNING LAW & VENUE
Contractor and Houston-Galveston Area Council agree that Contractor will make every reasonable effort to resolve disputes with the CUSTOMER/END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify HoustonGalveston Area Council of such disputes.

ARTICLE 6: SALES AND ORDER PROCESSING CHARGE
Contractor shall sell its products to CUSTOMER/END USER based on the pricing and terms of this Master Agreement. Houston-Galveston Area Council will invoice Contractor for the applicable order processing charge when Houston-Galveston Area Council receives notification of a CUSTOMER/END USER order. Contractor shall remit to Houston-Galveston Area Council the full amount of the applicable order processing charge, after delivery of any product or service and subsequent CUSTOMER/END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to Houston-Galveston Area Council, within thirty (30) calendar days or ten (10) business days after receipt of a CUSTOMER/END USER’s payment, whichever comes first, notwithstanding Contractor’s receipt of invoice. For sales made by Contractor based on this Master Agreement, including sales to entities without Interlocal Master Agreements, Contractor shall pay the

4.A.m
Packet Pg. 266 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

Page 20 of 27 ends

applicable order processing charges to Houston-Galveston Area Council. Further, Contractor agrees to encourage entities who are not members of Houston-Galveston Area Council’s Cooperative Purchasing Program to execute an Houston-Galveston Area Council Interlocal Master Agreement. Houston-Galveston Area Council reserves the right to take appropriate actions including, but not limited to, Master Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to HoustonGalveston Area Council. In no event shall Houston-Galveston Area Council have any liability to Contractor for any goods or services a CUSTOMER/END USER procures from Contractor. At all times, Contractor shall remain liable to pay to Houston-Galveston Area Council any order processing charges on any portion of the Master Agreement actually performed, and for which compensation was received by Contractor.

ARTICLE 7: LIQUIDATED DAMAGES
Contractor and Houston-Galveston Area Council agree that Contractor shall cooperate with the CUSTOMER/END USER at the time a CUSTOMER/END USER purchase order is placed, to determine terms for any liquidated damages.

ARTICLE 8: INSURANCE
Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the following insurance and coverage minimums:
a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit. b. Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications.
c. Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody, or control. The minimum Single Occurrence limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically and clearly listed on insurance certificate(s) submitted to Houston-Galveston Area Council. d. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period. e. Original Insurance Certificates must be furnished to Houston-Galveston Area Council on request, showing Contractor as the insured and showing coverage and limits for the insurances listed above.
f. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties are required to carry the minimum insurance coverages specified herein, and if requested by Houston-Galveston Area Council, a separate insurance certificate must be submitted for each such party.
g. Houston-Galveston Area Council reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy.

4.A.m
Packet Pg. 267 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

Page 21 of 27 ends

ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS Houston-Galveston Area Council’s contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore, Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order if so requested by the CUSTOMER/END USER. Contractor shall quote a price to CUSTOMER/END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of CUSTOMER/END USER's purchase order.

ARTICLE 10: ORDER PROCESSING CHARGE
H-GAC will apply an Order Processing Charge for each sale done through the H-GAC contract, with the exception of orders for motor vehicles. Any pricing submitted must include this charge amount per the most current H-GAC schedule. For motor vehicle orders, the Processing Charge is paid by the CUSTOMER/END USER. Contractor will need to refer to the solicitation for the Order Processing Charge.

ARTICLE 11: CHANGE OF STATUS
Contractor shall immediately notify Houston-Galveston Area Council, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to advise Houston-Galveston Area Council if this Master Agreement shall be affected in any way by such change. Houston-Galveston Area Council shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Master Agreement.

ARTICLE 12: REQUIREMENTS TO APPLICABLE PHYSICAL GOODS
In the case of physical goods (e.g. equipment, material, supplies, as opposed to services), all Products offered must comply with any applicable provisions of the Texas Business and Commerce Code, Title 1, Chapter 2 and with at least the following:
a. Be new, unused, and not refurbished.
b. Not be a prototype as the general design, operation, and performance. This requirement is NOT meant to preclude the Contractor from offering new models or configurations which incorporate improvements in a current design or add functionality, but in which new model or configuration may be new to the marketplace.
c. Include all accessories which may or may not be specifically mentioned in the Master Agreement, but which are normally furnished or necessary to make the Product ready for its intended use upon delivery. Such accessories shall be assembled, installed, and adjusted to allow continuous operation of Product at time of delivery.
d. Have assemblies, sub-assemblies and component parts that are standard and interchangeable throughout the entire quantity of a Product as may be purchased simultaneously by any END USER/CUSTOMER.
e. Be designed and constructed using current industry accepted engineering and safety practices, and materials.
f. Be available for inspection at any time prior to or after procurement.

4.A.m
Packet Pg. 268 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

Page 22 of 27 ends

ARTICLE 13: TEXAS MOTOR VEHICLE BOARD LICENSING
All Contractors that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Master Agreement term, any required Contractor license is denied, revoked, or not renewed, Contractor shall be in default of this Master Agreement, unless the Texas Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to Houston-Galveston Area Council upon request.

ARTICLE 14: INSPECTION/TESTING
All Products sold pursuant to this Master Agreement will be subject to inspection/testing by or at the direction of H-GAC and/or the ordering CUSTOMER/END USER, either at the delivery destination or the place of manufacture. In the event a Product fails to meet or exceed all requirements of this Master Agreement, and unless otherwise agreed in advance, the cost of any inspection and/or testing, will be the responsibility of the Contractor.

ARTICLE 15: ADDITIONAL REPORTING REQUIREMENTS
Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three (3) month period. Reports must include, but are not limited, to the following information:
a. CUSTOMER/END USER Name
b. Product/Service purchased, including Product Code if applicable c. Customer Purchase Order Number
d. Purchase Order Date
e. Product/Service dollar amount
f. HGACBuy Order Processing Charge amount
ARTICLE 16: BACKGROUND CHECKS
Cooperative customers may request background checks on any awarded contractor’s employees who will have direct contact with students, or for any other reason they so choose, any may require contractor to pay the cost of obtaining any background information requested by the CUSTOMER/END USER.

ARTICLE 17: PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING

ISRAEL CERTIFICATION
As required by Chapter 2271 of the Texas Local Government Code the Contractor must verify that it 1) does not boycott Israel; and 2) will not boycott Israel during the term of the Contract. Pursuant to Section 2271.001, Texas Government Code:

1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and

2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned

4.A.m
Packet Pg. 269 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

Page 23 of 27 ends

subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.

ARTICLE 18: NO EXCLUDED NATION OR TERRORIST ORGANIZATION

CERTIFICATION
As required by Chapter 2252 of the Texas Government Code the Contractor must certify that it is not a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization – specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) ARTICLE 19: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (Effective Aug. 13, 2020 and as amended October 26, 2020)
Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. ‘‘Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Contractor must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that Contractors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items.

ARTICLE 20: BUY AMERICA ACT (National School Lunch Program and Breakfast Program)
With respect to products purchased by CUSTOMER/END USER for use in the National School Lunch Program and/or National School Breakfast Program, Contractor shall comply with all federal procurement laws and regulations with respect to such programs, including the Buy American provisions set forth in 7 C.F.R. Part 210.21(d), to the extent applicable.

Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs.

4.A.m
Packet Pg. 270 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

Page 24 of 27 ends

In the event Contractor or Contractor’s supplier(s) are unable or unwilling to certify compliance with the Buy American Provision, or the applicability of an exception to the Buy American provision, H-GAC CUSTOMER/END USER may decide not to purchase from Contractor. Additionally, H-GAC CUSTOMER/END USER may require country of origin on all products and invoices submitted for payment by Contractor, and Contractor agrees to comply with any such requirement.

ARTICLE 21: BUY AMERICA REQUIREMENT (Applies only to Federally Funded Highway and Transit Projects)
With respect to products purchased by CUSTOMER/END USER for use in federally funded highway projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 23 U.S.C. Section 313, 23 C.F.R. Section 635.410, as amended, and the Steel and Iron Preference provisions of Texas Transportation Code Section 223.045, to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs. With respect to products purchased by CUSTOMER/END USER for use in federally funded transit projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 49 U.S.C. Section 5323(j)(1), 49 C.F.R. Sections 661.6 or 661.12, to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs.

ARTICLE 22: DOMESTIC PREFERENCE
In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, a CUSTOMER/END USER using federal grant award funds should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The CUSTOMER/END USER must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, they shall work with the CUSTOMER/END USER to provide all required certifications and other documentation needed to show compliance.

ARTICLE 23: TITLE VI REQUIREMENTS
H-GAC in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this Master Agreement and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

ARTICLE 24: EQUAL EMPLOYMENT OPPORTUNITY
Except as otherwise provided under 41 CFR Part 60, all Contracts and CUSTOMER/END USER Purchase Orders that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal

4.A.m
Packet Pg. 271 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

Page 25 of 27 ends

Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., pg.339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Contractor agrees that such provision applies to any contract that meets the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 and agrees that it will comply with such provision.

ARTICLE 25: CLEAN AIR AND WATER POLLUTION CONTROL ACT
CUSTOMER/END USER Purchase Orders using federal funds must contain a provision that requires the Contractor to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Pursuant to the Federal Rule above, Contractor certifies that it is in compliance with all applicable provisions of 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) and will remain in compliance during the term of the Contract.

ARTICLE 26: PREVAILING WAGE
Contractor and any potential subcontractors have a duty to and shall pay the prevailing wage rate under the Davis-Bacon Act, 40 U.S.C. 276a – 276a-5, as amended, and the regulations adopted thereunder contained in 29 C.F.R. pt. 1 and 5.

ARTICLE 27: CONTRACT WORK HOURS AND SAFETY STANDARDS
As per the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), where applicable, all CUSTOMER/END USER Purchase Orders 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.

ARTICLE 28: PROFIT AS A SEPARATE ELEMENT OF PRICE

4.A.m
Packet Pg. 272 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

Page 26 of 27 ends

For purchases using federal funds more than the current Simplified Acquisition Threshold of $250,000, requires negotiation of profit as a separate element of the price. See, 2 CFR 200.324(b). Contractor agrees to provide information and negotiate regarding profit as a separate element of the price for the purchase. Contractor also agrees that the total price, including profit, charged by Contractor will not exceed the awarded pricing, including any applicable discount, under any awarded contract.

ARTICLE 29: BYRD ANTI-LOBBYING AMENDMENT
Byrd Anti-Lobbying Amendment (31U.S.C. 1352) – Contractors that apply or bid for an award exceeding $100,000 must file the required anti-lobbying certification. Each tier must certify to the tier above that it will not and has not 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. Each tier must also 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 CUSTOMER/END USER.

As applicable, Contractor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). Contractor certifies that it is currently in compliance with all applicable provisions of the Byrd AntiLobbying Amendment (31 U.S.C. 1352) and will continue to be in compliance throughout the term of the Contract and further certifies that:

1. No Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal Grant, the making of a Federal Loan, the entering into a cooperative Master Agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative Master Agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing, or attempting to influence, an officer or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative Master Agreement, Contractor shall complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

3. Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Master Agreements) and that all subcontractors shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certificate is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code.

Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

4.A.m
Packet Pg. 273 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

Page 27 of 27 ends

ARTICLE 30: COMPLIANCE WITH EPA REGULATIONS APPLICABLE TO GRANTS,

SUBGRANTS, COOPERATIVE MASTER AGREEMENTS, AND CONTRACTS Contractor certifies compliance with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (13 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15.

ARTICLE 31: COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT Contractor certifies that Contractor will be in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).

4.A.m
Packet Pg. 274 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and Manufacturer Product Catalog Description HGACBuy Discount Off List
Tymco, Inc. Regenerative air
sweepers
Current Tymco sweeping
equipment catalog and options 5%
Attachment-A
Tymco, Inc.

Contract: SW04-26
Sweeping Equipment

4.A.m
Packet Pg. 275 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and

REQUEST FOR PROPOSAL
SW04-26

SWEEPING EQUIPMENT
3555 Timmons Ln
Houston, TX 77027
RELEASE DATE: October 8, 2025
DEADLINE FOR QUESTIONS: October 30, 2025
RESPONSE DEADLINE: November 20, 2025, 12:00 pm
RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:
https://procurement.opengov.com/portal/h-gac

4.A.m
Packet Pg. 276 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and Houston-Galveston Area Council

REQUEST FOR PROPOSAL
Sweeping Equipment
I. Inquiries/Clarifications..........................................................................

II. Submission Requirements.....................................................................

III. Solicitation Requirements.....................................................................

IV. General/Additional Requirements........................................................

V. Product-Specific Requirements / Allowed Categories...........................

VI. Additional Resources/Website Links.....................................................

VII. Contract Term/Multiple Awards/Usage ................................................

VIII. DBE Sub-Contracting Goal.....................................................................

IX. Submission Details/Uploads/Required Documents...............................

X. Evaluation Criteria ................................................................................

XI. Evaluation Process................................................................................

XII. Selection/Final Approval and Award.....................................................

XIII. Presentation/Demo/Interview and Best and Final ................................

XIV. Debrief/Protest.....................................................................................

XV. Master Agreement General Contract (and Solicitation) Terms and Conditions.............................................................................................

XVI. Additional H-GAC Solicitation Terms and Conditions............................

Attachments:

A - HGACBuy-Contractor-and-Customer-Handbook
B - Sample HGACBuy Master Agreement General and Special Provisions

4.A.m
Packet Pg. 277 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and Request For Proposal #SW04-26
Title: Sweeping Equipment
3 1. Product-Specific Requirements / Allowed Categories This is an indefinite quantity/indefinite delivery offerings contract – The HGACBuy Customer is responsible to ensure adequate competition is performed between the various contractors or contractors outside of HGACBuy to determine price reasonableness that might be required per any funding agency. Customer will need to ensure compliance with any funding agency requirements before proceeding with a purchase order under this contract. Please consult legal counsel regarding questions concerning compliance as a contractor under this solicitation.

1.1. Overview
H-GAC has established this solicitation to address the potential needs of our Cooperative Purchasing Program’s Members, focusing on items consistent with local governments’ sweeper needs. This Solicitation is divided into separate allowed Categories, for ease of evaluation and proposal responses.

When submitting a response, Respondent may choose to address any of the categories, or all. No additional weighted value will be given to a Respondent who responds to more than one or all categories listed. This equipment must be priced and supplied as compliant with federal emission and safety standards in effect at the time of this Solicitation.

1.2. Allowable Equipment Categories
Respondent must note which specific category(ies) apply to its response on the H-GAC pricing form -- as an alpha code reference, from the list below:

Street / Roadway Applications
(Reference ‘Equipment Definitions for Street/Roadway Sweepers' below) Street / Roadway Sweepers: Purpose-Built Chassis Design A: Street / Roadway Applications
B: Parking Lot/Garage/Compact Duty/Light Street Applications, 4-Wheel C: Parking Lot/Garage/Compact Duty/Light Street Applications, 3-Wheel Street / Roadway Sweepers: Commercial Chassis-Mounted Design D: Mechanical Broom Sweepers
E: Vacuum Sweepers
F: Regenerative Air Sweepers
Light Truck Mounted Design (for Class 1-3 trucks)
G: Vacuum Sweepers

Light Use for Sidewalk, Facilities, Pathway, General Light Duty Applications H: Walk-Behind Design Sweeper
I: Stand-On Design Sweeper
J: Ride-On (Seated) Design Sweeper

4.A.m
Packet Pg. 278 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and Request For Proposal #SW04-26
Title: Sweeping Equipment
4 Miscellaneous
K: Miscellaneous designed to address debris removal, not listed above, consistent with what a local government agency would utilize.
(Example: light-duty litter/leaf collector designs for parks, sidewalks, and green space applications (flexible vacuum booms, manual dump, bag or steel hoppers, et cetera))

1.3. Definitions: Equipment Definitions for Street / Roadway Sweepers • Cab-Chassis: exposed frame truck chassis, complete with basic cab, drive train, chassis, and safety components, ready for road use (without sweeper body) • Mechanical Broom Sweepers: These designs are typically equipped with side brooms that migrate debris to a rotating broom and conveyor, with debris deposited into a hopper. These are generally associated with the capability of processing heavier debris, with potentially less effectiveness with finer material or at penetrating road fissures. Water is often used for dust control.
• Vacuum Sweepers: These designs are typically equipped with side brooms that migrate debris to a related suction element, with a direct deposit into a hopper. These are capable of removing the majority of all roadway debris and particles, even on uneven roads and on roads with surface fissures, with the exception, in general, of finer debris. Typically, water is used for dust control, but waterless designs may be employed (where water is problematic, as in frozen settings), with dust separators/skirts and/or a dust control fan-filter combination. • Regenerative Air Sweepers: These designs are typically equipped with side brooms that migrate debris to a pick-up head which employs air jets to agitate and direct road debris and particulates / dirt. Negative pressure creates a vacuum that carries the debris up into the receptacle hopper.

Typically, air is cleaned by mechanical separation and returned to the blast orifice for reuse in a closed loop. Water is sprayed to minimize dust. This technology is associated with more efficient removal of finer particulates.

Note: Manufacturers may offer a more specialized, enhanced airport-focused configuration that utilizes their vacuum or regenerative air platform as a starting point.

1.4. Commercial Cab-Chassis
With bodies designed for installation on a commercial cab-chassis, unless otherwise designated in Response, it will be assumed that the submitted list pricing will be for the body only, inclusive of the manufacturer-standard components. For H-GAC purchase orders, the commercial truck conversion regulations in effect for the given state will apply.

4.A.m
Packet Pg. 279 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and Request For Proposal #SW04-26
Title: Sweeping Equipment
5 For the underlying chassis, H-GAC Members have the following options:
• Chassis supplied by Member
• Chassis supplied by a separate H-GAC truck contract vendor (i.e. HGAC’s “Cars, SUVs, and Light Duty Trucks” and “Medium & Heavy-Duty Trucks” contracts). In such as case, Supplier will be expected to work with H-GAC contracted truck chassis dealers. • Chassis offered-through, or standard-with the street sweepers shown on this Solicitation’s Respondent’s submitted list pricing. RESPONDENT MUST DETAIL WHETHER OR NOT THEIR SUBMITTED LIST PRICING FOR STREET SWEEPERS IS INCLUSIVE OF THE UNDERLYING CABCHASSIS, AND IF NOT, TO INCLUDE INSTALLATION PRICING ON THE H-GAC “RESPONSE PRICING FORM”

1.5. Customization
For equipment that typically or potentially has an associated customization element (for the sweeper body or other related components, and/or the chassis), such as with street/roadway sweepers, Respondent shall include associated option pricing for this on the H-GAC “Customization Categories Pricing Form”. Respondent shall refer to additional instructions on the form. Furthermore, this fee may be framed as a nationwide fee, and/or by region or state.

1.6. Final Contract Deliverables
Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three (3) month period. Reports must include, but are not limited, to the following information:
• Customer name and address
• HGACBuy confirmation number
• Product/Service purchased
• Customer Purchase Order Number
• Purchase Order date
• Product/Service dollar amount
• HGACBuy Order Processing Charge amount
Reports must be provided to H-GAC in Excel or other acceptable electronic format by the 30th day of the month following the quarter being reported. If Contractor defaults in providing Products or Services reporting as required by the contract, recourse may be exercised through cancellation of the contract and other legal remedies as appropriate.

4.A.m
Packet Pg. 280 Attachment: HGAC TYMCO Inc Contract Executed (7529 : Purchase of Four Sweepers and Twelve Front Loaders for Resource Recovery and City Council
Report
City Council Meeting: June 23, 2026
Agenda Item: 4.B
1 of 4
To: Mayor and City Council
From: Christopher Dishlip, Director of Public Works, Public Landscape Division Subject: Approval of Ratification of Issuance of Purchase Order to Jilk Heavy Construction, Inc. for the Pier Bollard Emergency Repair Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemptions pursuant to Section 15301 (Existing Facilities) and Section 15269 (Emergency Projects) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Ratify the Procurement Manager’s issuance of a purchase order with Jilk Heavy Construction, Inc. to repair stainless steel manual assist bollards at the Santa Monica Pier for the Public Works Department. The emergency purchase was made as an exception to the competitive bidding process pursuant to Section

2.24.250(i) and is for a total amount not to exceed $46,358.

Summary
The City of Santa Monica’s (City) Public Landscape Division of the Public Works Department maintains the Santa Monica Pier, a national historical landmark and iconic destination with a long history of public support and interest. It houses many private businesses, public attractions, and City offices and facilities, and it experiences high volumes of pedestrian and vehicular activity daily. One mechanism that is regularly deployed to ensure public safety is the stainless steel manual assist bollards located in front of Bubba Gump Shrimp Co., two of which malfunctioned suddenly in July of 2025 and were unable to retract. These bollards are critical for controlling vehicular access to restricted areas of the Pier and ensuring pedestrian safety. Their failure created a public safety risk and required immediate repair. As such, staff procured emergency repair services and issued purchase order 22601028 to Jilk Heavy Construction, Inc., per the

4.B
Packet Pg. 281
2 of 4
Procurement Manager approved ECB# 452 and Santa Monica Municipal Code (SMMC)

2.24.240.

Discussion
The bollards at the Santa Monica Pier are essential for maintaining safe vehicular access control in an area with heavy pedestrian activity. In late July 2025, two of the bollards became inoperable and the City could not effectively control vehicle access, creating a potential safety hazard. Because no existing contract covered this type of repair and the situation required immediate action, the Procurement Manager authorized the use of the Emergency Purchase authority to proceed with the repair. In August 2025, Jilk Heavy Construction, Inc. assessed and removed the two malfunctioning bollards and repositioned the remaining three bollards as a stopgap measure while new bollards were being fabricated. This allowed City staff to control vehicle access, although not at the same level of security as with the complete set of five bollards. During the repair process, additional issues were identified with one of the three remaining bollards that required further fabrication and corrective work, increasing the total project cost. Due to manufacturing delays, the newly fabricated bollards were installed and operational in May 2026. City procurement policy requires a competitive bidding process for all contractual services exceeding $25,000. As the final purchase amount exceeds this threshold and the work was completed without a competitive bidding process, Council ratification is required.

Exception to Competitive Bidding
The Procurement Manager issued purchase order 22601028 to Jilk Heavy Construction, Inc. to repair bollards at the Santa Monica Pier as an exception to competitive bidding per Municipal Code 2.24.250(i) and the Procurement Manager approved ECB #452, as the failure of the bollards created a public safety risk that required immediate repair. i. Solicitation is made under the emergency procedures set forth in Section

2.24.240(d)(3).

4.B
Packet Pg. 282
3 of 4
Environmental Review
The emergency repair of the bollards at the Santa Monica Pier is categorically exempt pursuant to Section 15301 (Existing Facilities) and Section 15269 (Emergency Projects) of the California Environmental Quality Act (CEQA) Guidelines. Section 15301 (Class 1 – Existing Facilities) exempts projects that consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Section 15269(b) exempts emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to public health, safety or welfare. Emergency repairs include those that require a reasonable amount of planning to address an anticipated emergency. The purchase order would provide for emergency repair of the existing bollards to ensure public safety and therefore is categorically exempt from CEQA review under CEQA Guidelines Section 15301 and Section 15269.

Financial Impacts and Budget Actions
The purchase order to Jilk Heavy Construction, Inc., for the emergency repair of bollards at the Santa Monica Pier, including additional work identified during the repair, is funded from the current budget in the Pier Fund.

Purchase Order
FY 2025-26
Request Amount Department Account # Total Contract Amount $46,358 53500001.529160 $46,358
Total: $46,358

4.B
Packet Pg. 283
4 of 4
Prepared By: Miles Friesen, Administrative Analyst
Approved Forwarded to Council
Attachments:

A. 2026-06-01 Jilk - CA Levine Act Disclosure
B. 2026-06-01 Jilk - Oaks Initiative Disclosure Form

4.B
Packet Pg. 284

4.B.a
Packet Pg. 285
Attachment: 2026-06-01 Jilk - CA Levine Act Disclosure (7635 : Public Landscape Division Pier Bollard Emergency Repair)

4.B.a
Packet Pg. 286
Attachment: 2026-06-01 Jilk - CA Levine Act Disclosure (7635 : Public Landscape Division Pier Bollard Emergency Repair)

4.B.a
Packet Pg. 287
Attachment: 2026-06-01 Jilk - CA Levine Act Disclosure (7635 : Public Landscape Division Pier Bollard Emergency Repair)

4.B.a
Packet Pg. 288
Attachment: 2026-06-01 Jilk - CA Levine Act Disclosure (7635 : Public Landscape Division Pier Bollard Emergency Repair)

4.B.a
Packet Pg. 289
Attachment: 2026-06-01 Jilk - CA Levine Act Disclosure (7635 : Public Landscape Division Pier Bollard Emergency Repair)

4.B.b
Packet Pg. 290
Attachment: 2026-06-01 Jilk - Oaks Initiative Disclosure Form (7635 : Public Landscape Division Pier Bollard Emergency Repair)

4.B.b
Packet Pg. 291
Attachment: 2026-06-01 Jilk - Oaks Initiative Disclosure Form (7635 : Public Landscape Division Pier Bollard Emergency Repair) City Council
Report
City Council Meeting: June 23, 2026
Agenda Item: 4.C
1 of 3
To: Mayor and City Council
From: Heidi Von Tongeln, City Attorney, City Attorney's Office, Administration Subject: Adoption of Resolution Ratifying Homelessness Emergency Proclamation Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Adopt the proposed resolution ratifying the 2025 Proclamation of the City Council of the City of Santa Monica Declaring a Local Emergency on Homelessness.

Executive Summary
On March 11, 2025, in accordance with Santa Monica Municipal Code (SMMC) Chapter

2.16, the City Council adopted the 2025 Proclamation of the City Council of the City of Santa Monica Declaring a Local Emergency on Homelessness (the “2025 Proclamation”).

Government Code Section 8630 requires local governmental authorities to renew a local emergency every 60 days until the governing body terminates the local emergency. Accordingly, this staff report recommends adopting the attached Resolution ratifying the 2025 Proclamation. (Attachment A).

Discussion
On February 14, 2023, the City Council adopted a Proclamation Declaring a Local Emergency on Homelessness due to the homelessness crisis in the region, which continues to grow, leading to deplorable living conditions and illness and deaths of unhoused and unsheltered persons in the region. On May 14, 2024, the City Council

4.C
Packet Pg. 292
2 of 3
adopted a further Proclamation Declaring a Local Emergency on Homelessness (“the 2024 Proclamation”), which was utilized to advance several key initiatives related to homelessness.

On March 11, 2025, because the conditions that existed at the time the 2024 Proclamation was adopted persist, the City Council adopted the 2025 Proclamation, which extends the local emergency on homelessness through December 31, 2026. The 2025 Proclamation allows the City to expeditiously increase City services and programs to address and prevent homelessness. Specifically, the extension enables the City to, among other things, receive additional county, state, and federal resources to address the homelessness crisis, prevent rental price gouging, streamline and expedite certain City processes, leverage City resources to support people who are experiencing homelessness or at risk of experiencing homelessness or to address local impacts of homelessness, and allows the City Manager to take all available actions authorized under Santa Monica Municipal Code Chapter 2.16. On April 22, 2025, the City Council adopted Resolution Number 11658 (CCS), ratifying the 2025 Proclamation. On June 10, 2025, the City Council adopted Resolution Number 11669 (CCS), on July 29, 2025, the City Council adopted Resolution Number 11686 (CCS), on September 9, 2025, the City Council adopted Resolution Number 11697 (CCS), on October 28, 2025, the City Council adopted Resolution Number 11712 (CCS), on December 16, 2025, the City Council adopted Resolution Number 11726 (CCS), on February 10, 2026, the City Council adopted Resolution Number 11738 (CCS), on March 24, 2026, the City Council adopted Resolution Number 11742 (CCS), and on May 12, 2026, the City Council adopted Resolution Number 11758 (CCS) re-ratifying the 2025 Proclamation.

Staff now recommends that Council adopt the attached resolution re-ratifying the 2025 Proclamation declaring the existence of a local emergency in the City of Santa Monica and authorizing specified actions in response to that local emergency.

Environmental Review
The 2025 Proclamation Declaring a Local Emergency on Homelessness would have no effect on the environment, and therefore, is categorically exempt from CEQA pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Fiscal Impacts
None.

4.C
Packet Pg. 293
3 of 3
Prepared By: Sean Perez, Deputy City Attorney II
Approved Forwarded to Council
Attachments:

A. Resolution for Ratification of 2025 Proclamation Declaring State of Emergency on Homelessness

4.C
Packet Pg. 294
1 City Council Meeting: June 23, 2026 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

AN EMERGENCY RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA RATIFYING THE 2025 PROCLAMATION OF THE

CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING A LOCAL

EMERGENCY ON HOMELESSNESS
WHEREAS, Santa Monica Municipal Code Chapter 2.16 empowers the City Manager, as the Director of Emergency Services (“Director”), to request that the City Council proclaim the existence or threatened existence of a local emergency if the City Council is in session; and
WHEREAS, on February 14, 2023, the City adopted a Proclamation Declaring a Local Emergency on Homelessness due to the homelessness crisis in the region, which continues to grow, leading to deplorable living conditions and illness and deaths of unhoused and unsheltered persons in the region, which was extended to May 31, 2024; and
WHEREAS, on May 14, 2024 the City adopted a further Proclamation Declaring a Local Emergency on Homelessness (the “2024 Proclamation”), which was utilized to advance several key initiatives related to homelessness; and WHEREAS, based on the 2024 Point-In-Time Homeless Count (“2024 PITC”) data, there were 75,312 people experiencing homeless in Los Angeles County; and WHEREAS, based on the 2024 PITC data for Service Planning Area 5 (SPA 5), the SPA Santa Monica is in, there were 5,383 people experiencing homelessness; and WHEREAS, based on the 2024 PITC data, there were 774 people experiencing homelessness in Santa Monica; and

4.C.a
Packet Pg. 295 Attachment: Resolution for Ratification of 2025 Proclamation Declaring State of Emergency on Homelessness (7661 : Homelessness 2 WHEREAS, the Los Angeles County Metropolitan Transportation Authority (Metro) conducted an End of Line Survey in January 2025, and found 39 unhoused persons were unsheltered at the Santa Monica Downtown Metro Station given Metro’s current End of Line policy, which requires deboarding of all passengers and belongings at the end of the line when trains go out of service; and
WHEREAS, according to a U.S. Department of Health and Human Services report published in October 2023, the fastest growing group in the nation’s population of people experiencing homelessness is older adults, composing nearly half of the homeless population nationwide, and a number that is expected to triple by 2030, and older adult homelessness has increased by 25% in the Los Angeles Continuum of Care between 2020 and 2024; and
WHEREAS, a California Statewide Study of People Experiencing Homelessness (CASPEH) found that high housing costs and low income left participants vulnerable to homelessness, and that the most common reason for leaving housing was economic; and WHEREAS, the Los Angeles County’s COVID-19 Eviction Moratorium that protected tenants from eviction who were under 80% of Area Median Income who were unable to pay rent due to the pandemic expired March 31, 2023, and tenants had up to twelve (12) months to repay past due rent owed to avoid risk of eviction; and WHEREAS, the number of eviction lawsuits provided to the Santa Monica City Attorney’s office in 2024 increased by over 28% from the number provided in 2023, with

84.8% of 2024 eviction lawsuits based on nonpayment of rent, suggesting even more tenants at risk of eviction and homelessness than in 2023; and

4.C.a
Packet Pg. 296 Attachment: Resolution for Ratification of 2025 Proclamation Declaring State of Emergency on Homelessness (7661 : Homelessness 3 WHEREAS, on March 11, 2025, because the conditions that existed at the time the 2024 Proclamation was adopted persist, the City Council adopted the 2025 Proclamation of the City Council of the City of Santa Monica Declaring a Local Emergency on Homelessness (the “2025 Proclamation”); and
WHEREAS, the 2025 Proclamation extends the local emergency on homelessness through December 31, 2026, and allows the City to expeditiously increase City services and programs to address and prevent homelessness; and WHEREAS, specifically, the extension of the local emergency effectuated by the 2025 Proclamation enables the City to, among other things, receive additional county, state, and federal resources to address the homelessness crisis, prevent rental price gouging, streamline and expedite certain City processes, leverage City resources to support people who are experiencing homelessness or at risk of experiencing homelessness or to address local impacts of homelessness, and to allow the City Manager to take all available actions authorized under Santa Monica Municipal Code Chapter 2.16; and
WHEREAS, on April 22, 2025, the City Council adopted Resolution Number 11658 (CCS), ratifying the 2025 Proclamation; and
WHEREAS, on June 10. 2025, the City Council adopted Resolution Number 11669 (CCS), on July 29, 2025, the City Council adopted Resolution Number 11686 (CCS), on September 9, 2025, the City Council adopted Resolution Number 11697 (CCS), on October 28, 2025, the City Council adopted Resolution Number 11712 (CCS), on December 16, 2025, the City Council adopted Resolution Number 11726 (CCS), on February 10, 2026, the City Council adopted Resolution Number 11738 (CCS), on March

4.C.a
Packet Pg. 297 Attachment: Resolution for Ratification of 2025 Proclamation Declaring State of Emergency on Homelessness (7661 : Homelessness 4 24, 2026, the City Council adopted Resolution Number 11742 (CCS), and on May 12, 2026 the City Council adopted Resolution Number 11758 (CCS) re-ratifying the 2025 Proclamation; and
WHEREAS the findings included in the 2025 Proclamation are included herein as if stated in full.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. The 2025 Proclamation of the City Council of the City of Santa Monica Declaring a Local Emergency on Homelessness (“Exhibit A”) is hereby ratified.

SECTION 2. It is hereby proclaimed that a local emergency now exists throughout the City. It is further proclaimed and ordered that during the existence of this local emergency the powers, functions, and duties of the Director of Emergency Services and the emergency organization of this City shall be those prescribed by State law and by the ordinances and resolutions of this City.

SECTION 3. The City Council authorizes the City Manager, in capacity as the Director of Emergency Services, to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency.

SECTION 4. The local emergency shall be deemed to continue and exist until December 31, 2026, unless its termination is earlier proclaimed by the City Council. As required by law, the City Council shall review the need to continue the state of emergency every 60 days until this resolution is terminated.

SECTION 5. If any section, subsection, sentence, clause, or phrase of this Resolution, or the 2025 Proclamation ratified herein is for any reason held to be invalid

4.C.a
Packet Pg. 298 Attachment: Resolution for Ratification of 2025 Proclamation Declaring State of Emergency on Homelessness (7661 : Homelessness 5 or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution or the 2025 Proclamation. The City Council hereby declares that it would have passed this Resolution and the 2025 Proclamation and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 6. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________

HEIDI VON TONGELN
City Attorney

4.C.a
Packet Pg. 299 Attachment: Resolution for Ratification of 2025 Proclamation Declaring State of Emergency on Homelessness (7661 : Homelessness

4.C.a
Packet Pg. 300 Attachment: Resolution for Ratification of 2025 Proclamation Declaring State of Emergency on Homelessness (7661 : Homelessness

4.C.a
Packet Pg. 301 Attachment: Resolution for Ratification of 2025 Proclamation Declaring State of Emergency on Homelessness (7661 : Homelessness

4.C.a
Packet Pg. 302 Attachment: Resolution for Ratification of 2025 Proclamation Declaring State of Emergency on Homelessness (7661 : Homelessness

4.C.a
Packet Pg. 303 Attachment: Resolution for Ratification of 2025 Proclamation Declaring State of Emergency on Homelessness (7661 : Homelessness

4.C.a
Packet Pg. 304 Attachment: Resolution for Ratification of 2025 Proclamation Declaring State of Emergency on Homelessness (7661 : Homelessness

4.C.a
Packet Pg. 305 Attachment: Resolution for Ratification of 2025 Proclamation Declaring State of Emergency on Homelessness (7661 : Homelessness

4.C.a
Packet Pg. 306 Attachment: Resolution for Ratification of 2025 Proclamation Declaring State of Emergency on Homelessness (7661 : Homelessness

4.C.a
Packet Pg. 307 Attachment: Resolution for Ratification of 2025 Proclamation Declaring State of Emergency on Homelessness (7661 : Homelessness City Council
Report
City Council Meeting: June 23, 2026
Agenda Item: 4.D
1 of 3
To: Mayor and City Council
From: Jenny Rogers, Recreation and Arts Director, Recreation and Arts Department Subject: Approval of Extension of Cooperative Agreement #14093 with Los Angeles County for Maintenance of 2.9 Miles of the Marvin Braude Bike Trail Located Within the City of Santa Monica
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities) and a finding of no possibility of significant effects pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Authorize the City Manager to execute a first amendment to cooperative agreement #14093 with Los Angeles County (County) for the City to sweep the Beach Bike Trail within Santa Monica, whereby the County would reimburse the City annually, based on an annual proration of TDA Article 3 Funds. This will result in a twenty-year amended agreement.

Summary
On March 24, 2015, City Council authorized the City Manager to negotiate and execute a cooperative agreement with #14093 Los Angeles County (County) for the City to increase sweeping of the Beach Bike Trail within City limits. Under the terms of that agreement, the County reimburses the City annually, based on an annual proration of TDA Article 3 Funds. The original agreement was executed for a ten-year term and is set to expire on September 15, 2026. A first amendment to the cooperative agreement would extend the term another ten years on the same terms and conditions.

Discussion

4.D
Packet Pg. 308
2 of 3
The Beach Bike Trail (Trail) sweeping program has operated successfully under the existing cooperation agreement (Agreement). Before the agreement, the County’s schedule for sweeping the Trail was sporadic, causing sand to build up on the Trail. The accumulation of sand had negative impacts upon public accessibility and public safety.

Under the Agreement, the County reimburses the City for assuming responsibility of sweeping the Trail within City limits.

The current Agreement is approaching its expiration. Continuing trail sweeping services under the current agreement will require an amendment to extend the agreement term.

Staff recommends extending the agreement for an additional ten-year term under the same terms and conditions. No new equipment purchases are proposed in connection with this amendment.

Environmental Review
The recommended action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, which exempts the operation, repair, maintenance, and minor alteration of existing public facilities involving negligible or no expansion of use. The beach bike path sweeping services constitute routine maintenance of an existing public facility. Additionally, there is no possibility that the recommended action will have a significant effect on the environment within the meaning of Section 15061(b)(3) of the CEQA Guidelines, as the work involves ongoing maintenance activities that do not have the potential to cause physical changes to the environment. Accordingly, no further environmental review is required.

Past Council Actions
Meeting Date Description
03/24/15
(attachment A)
Negotiate and execute a cooperative agreement with Los
Angeles County for the City to sweep the Beach Bike Trail within Santa Monica and Authorize the Purchasing Manager to purchase one heavy-duty outdoor sweeper.

4.D
Packet Pg. 309
3 of 3
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of recommended action. Annual revenue reimbursement from the County for fiscal year 2025-26 is $30,431. Annual allocations are based on a proration of TDA Article 3 funds, so the amount fluctuates but has historically been within the range of $29,000 to $50,000. Staff will return to Council if specific budget actions are required in the future.

Prepared By: Angela VonSlomski, Administrative Services Officer Approved Forwarded to Council
Attachments:

A. March 24, 2015 Staff Report
B. Original Agreement_Sweeping of Marvin Braude Bike Trail C. First Amendment_Sweeping of Marvin Braude Bike Trail D. Written Comments

4.D
Packet Pg. 310
Agenda Item: 3—r
To: Mayor and City Council
From: Karen Ginsberg, Community and Cultural Services Director Susan Cline, Interim Director of Public Works
Subject: Beach Bike Trail Sweeping
Staff recommends that the City Council:
1) Authorize the City Manager to negotiate and execute a cooperation agreement with Los Angeles County for the City to sweep the Beach Bike Trail within Santa Monica, whereby the County would reimburse the City 30, 000 annually, adjusted by the Consumer Price Index ( CPI). 2) Authorize the Purchasing Services Manager to issue a purchase order with Tennant Company, a Minnesota -based company, for one heavy -duty outdoor sweeper. This is a sole source purchase in an amount not to exceed 199,540.
3) Authorize the budget changes outlined in the Financial Impacts and Budget Actions section of this report.

Executive Summary
The City has proposed taking over the sweeping of the Beach Bike Trail from Los Angeles ( LA) County to increase frequency from two or three days to five days per week to improve public safety and accessibility. The annual ongoing cost to the Beach Fund is $ 88, 723 for additional staff, which will be offset by an annual $ 30, 000 reimbursement from LA County. The annual ongoing costs and revenues would be included in the FY 2015 -17 biennial budget. A one -time appropriation from the Beach Fund to the Vehicle Management Fund in the amount of $ 226, 436 for the purchase of a sweeper and first year of depreciation is recommended now to enable the program to begin on July 1, 2015.

Los Angeles County built the 19 mile continuous bicycle trail, currently known as the Marvin Braude Bike Trail ( Bike Trail) in 1972, beginning at California Avenue in Santa Monica and extending southward to Via Rivera in Torrance. The City of Santa Monica 1 4.D.a
Packet Pg. 311 Attachment: March 24, 2015 Staff Report (7714 : Beach Bike Path Agt LA County) extended the bike trail to the northern City limits in 1989. The County has had responsibility for maintaining and repairing the bike trail since it was built The County' s schedule for sweeping the bike trail is twice a week during the winter months and three times a week during the summer. Since the County is responsible for sweeping the entire bike trail, and may run into delays along its length due to starting in areas south of Santa Monica, the schedule is not always met, causing sand to build up on the trail. While Beach Maintenance staff does not have the heavy equipment to clear the bike trail, staff use push brooms to remove sand when the County misses a day, or when sand covers the trail between the scheduled days. In addition, the equipment used by the County to clear the trail scrapes the pavement and has damaged the recently installed trail guidance markings. In response to these issues, staff initiated discussions with LA County Department of Public Works to transfer responsibility for sweeping the 2. 9 mile portion of the bike trail in Santa Monica to the City.

Discussion
The proposed Cooperation Agreement would enable the City to assume responsibility for sweeping the 2. 9 mile portion for a period of ten years, with the option to extend the agreement. The County would reimburse the City $ 30, 000 annually, adjusted by the Consumer Price Index ( CPI). The reimbursement amount is based on the amount of Transportation Development Act ( TDA) funds from the State that are provided to the County for sweeping the Santa Monica portion of the bike trail.

The Santa Monica section is one of the most heavily traveled parts of the bike trail.

Staff has analyzed the County' s sweeping schedule and is recommending a more frequent sweeping program due to the high usage of the bike trail and the large amount of sand that is blown or tracked onto the trail. The proposed schedule is as follows:

Entire Bike Trail: Five times a week ( Monday to Friday) Hot Spots along Bike Trail /Ocean Front Walk: Three times a week ( Monday, Wednesday and Thursday) — as needed
2 4.D.a
Packet Pg. 312 Attachment: March 24, 2015 Staff Report (7714 : Beach Bike Path Agt LA County) The hot spots include sections of the bike trail that are most heavily used and often covered in sand, such as the area around the 1550 lot, as well as the pedestrian path north and south of the Pier, and Ocean Front Walk, which are not currently swept by the County.

The City' s takeover of the sweeping function would require additional staff and equipment. Staff proposes to add one small, heavy -duty sweeper to the City' s fleet through the Vehicle Management Fund and to hire an Equipment Operator II for the Beach Maintenance Section to operate the sweeper. There is currently no available staff within the Section to fulfill this function. The shift to a five -day a week schedule with dedicated personnel would provide additional opportunities for improved sweeping of Ocean Front Walk and hard to reach areas of the beach parking lots. Ocean Front Walk is not currently swept by the County. These areas are swept by City staff with push brooms, as time permits.

The additional expense for staff and equipment to increase the sweeping frequency is recommended to improve safety and access. Sand build up reduces lane capacity and may create a slippery surface. Use of the bike trail has grown steadily as a year -round recreation activity and transportation mode. The expansion of year -round activity at Santa Monica State Beach has also increased parking and concession revenues in the Beach Fund, making additional financial resources available to preserve and promote access to the beach including investing in the sweeping of the bike trail as proposed.

The total annual ongoing cost for an Equipment Operator II is $ 88, 723. This would be partially offset each year by the $ 30,000 reimbursement from the County. The expenditures and revenues for the sweeping would come from and to the Beach Fund.

The one -time cost of the sweeper along with the first year of depreciation is $ 226, 436.

The funds for the Equipment Operator II and the revenues from the County reimbursement would be included in the proposed FY 2015 -17 budget. 3 4.D.a
Packet Pg. 313 Attachment: March 24, 2015 Staff Report (7714 : Beach Bike Path Agt LA County) Vendor Selection
Staff recommends Tennant Company to furnish and deliver one Sentinal heavy -duty sweeper on a sole source basis. The purchase is economically available from a single source because the compatibility of the sweeper is of paramount consideration to this application. The recommended sweeper is a small, heavy -duty, outdoor, dust -free sweeper that is the width of one lane of the bike trail. The full length glass doors and windshield glass provide the operator a clear view to maximize safety. Although there are other types of sweepers available, Beach Maintenance staff has tested the unit for functionality against two other sweeper units and says it is uniquely fitted for this application due to the reasons noted above, which increase safety along the busy bike trail. The other types of sweepers are too large for the application and would cost several thousand dollars more to purchase. There are no other comparable units on the market that match this unit.

Alternatives
The Council could forego authorizing the City Manager to enter into a cooperation agreement with the County and continue to have the County sweep the bike trail on the current limited schedule. The Council could also deny the appropriation of funds for the sweeper, which would prevent the City from taking over the sweeping of the path. Both of these alternatives would maintain the current level of service for sweeping the bike trail.
11 4.D.a
Packet Pg. 314 Attachment: March 24, 2015 Staff Report (7714 : Beach Bike Path Agt LA County) Financial Impacts & Budget Actions
The cooperation agreement will cost $ 88, 723 annually and will generate revenues of 30,000, for a net impact of $ 58, 723 to the Beach Fund. Funding for these ongoing costs will be requested during the FY 2015 -17 biennial budget process. Implementation of the program requires the following FY2014 -15 budget actions to allow the Beach Fund to purchase the sweeper:
1) Increase the revenue budget in account 54459. 405760 ( Vehicle Enhancement Purchases) by $ 199, 540;
2) Appropriate $ 199, 540 for the purchase of one sweeper to account 0540167. 589100, Vehicle Enhancement Purchases;
3) Increase the revenue budget at account 54459. 402660 ( Future Vehicle Replacement) by $ 26,896;
4) Appropriate $ 26, 896 to account IS110167. 589000.

The purchase order for the sweeper will be charged to 0540167. 589100.

Prepared by: Judith Meister, Beach Administrator
ZEM
Karen Ginsberg
Director, Community and Cultural
Services Department
tr
St ,
Susan Aline
Interim Director, Public Works
Department
5 Forwarded to Council:

Elaine M. Polachek
Interim City Manager

4.D.a
Packet Pg. 315 Attachment: March 24, 2015 Staff Report (7714 : Beach Bike Path Agt LA County) Reference:

Agreement No. 10042
CCS)

4.D.a
Packet Pg. 316 Attachment: March 24, 2015 Staff Report (7714 : Beach Bike Path Agt LA County) This action is to delegate authority to the Director of Public Works or her designee to execute a cooperative maintenance agreement with the City of Santa Monica for the City to provide maintenance of 2.9 miles of the Marvin Braude Bike Trail along the City's beach frontage for a 10- year period.

SUBJECT
June 21, 2016
The Honorable Board of Supervisors
County of Los Angeles
383 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, California 90012
Dear Supervisors:

DELEGATE AUTHORITY TO EXECUTE A COOPERATIVE MAINTENANCE

AGREEMENT WITH THE CITY OF SANTA MONICA
FOR 2.9 MILES OF THE MARVIN BRAUDE BIKE TRAIL
(SUPERVISORIAL DISTRICT 3)
(3 VOTES)
IT IS RECOMMENDED THAT THE BOARD:

1. Find that the proposed action is categorically exempt from the California Environmental Quality Act for the reasons stated in this letter and in the record of the project.

2. Delegate authority to the Director of Public Works or her designee to enter into a cooperative maintenance agreement with the City of Santa Monica for the City (1) to maintain 2.9 miles of the Marvin Braude Bike Trail along the City's beach frontage for a 10-year period, (2) to pay the City the prorated Transportation Development Act Article 3 bike trail maintenance funds received by the County for maintenance of the bike trail, (3) to approve and execute amendments to the cooperative maintenance agreement to incorporate necessary nonmaterial changes to the agreement, and (4) to extend the term of the agreement up to a period of 10 years.

4.D.b
Packet Pg. 317 Attachment: Original Agreement_Sweeping of Marvin Braude Bike Trail (7714 : Beach Bike Path Agt LA County)

PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
The purpose of the recommended actions is to authorize the Director of Public Works or her designee to execute a cooperative maintenance agreement with the City of Santa Monica for sweeping and sand removal work on 2.9 miles of the Marvin Braude Bike Trail along the City's beach frontage.

The cooperative maintenance agreement in substantially the enclosed form will be approved by County Counsel prior to execution and provides for the City of Santa Monica to perform maintenance activities on a 2.9 mile segment of the Marvin Braude Bike Trail along the City's beach frontage.

Under this cooperative maintenance agreement, the County will annually pass through to the City the prorated Transportation Development Act Article 3 maintenance funds (for regionally significant bike trails) received from the Los Angeles County Metropolitan Transportation Authority.

This cooperative maintenance agreement is of mutual interest to the County and the City to maintain operations and maintenance of the Marvin Braude Bike Trail along the City's beach frontage.

Implementation of Strategic Plan Goals
The Countywide Strategic Plan directs the provisions of Operational Effectiveness/Fiscal Sustainability (Goal 1) and Integrated Services Delivery (Goal 3). The recommended actions will enable the City to integrate the bike trail sweeping and sand removal work in their beach facility maintenance program, creating efficiencies in the operations of this existing recreational trail corridor.

FISCAL IMPACT/FINANCING
There will be no impact to the County General Fund.

The County receives an annual supplemental allocation of Transportation Development Act Article 3 funds from the Los Angeles County Metropolitan Transportation Authority for the maintenance of

92.6 miles of seven regionally significant bike trails, including the Marvin Braude Bike Trail.

The cooperative maintenance agreement provides for the County to pass through to the City the portion of the maintenance funds to perform the sweeping and sand removal work on 2.9 miles of the Marvin Braude Bike Trail. For Fiscal Year 2015-16 this portion will be $24,831 and is included in the Fiscal Year 2015-16 mid-year budget adjustment number 2. Funds to finance future years will be budgeted through the annual budget process.

FACTS AND PROVISIONS/LEGAL REQUIREMENTS
The agreement will be approved as to form by County Counsel prior to execution by the Director of Public Works or her designee.

The County has been maintaining 13.9 miles of the Marvin Braude Bike Trail along the beach frontage of the Cities of Santa Monica, Los Angeles, El Segundo, Manhattan Beach, Redondo Beach, and Torrance since the 1970's. In 1989 the County agreed to assume the operations and maintenance responsibilities for the northerly extension of the bike trail constructed by the City of Santa Monica from California Avenue to the northerly City boundary.

The Honorable Board of Supervisors
6/21/2016

Page 2 ends

4.D.b
Packet Pg. 318 Attachment: Original Agreement_Sweeping of Marvin Braude Bike Trail (7714 : Beach Bike Path Agt LA County) The County will continue to inspect the 2.9 miles of bike trail along the City's beach frontage on a monthly basis and perform needed pavement repairs.

Section 1712 of the California Streets and Highways Code provides that the County and the City may enter into an agreement that apportions costs for maintenance, improvement, or repair of bicycle routes or paths, or portions thereof, located within or without the cities.

The City of Santa Monica has been performing sweeping and sand removal work on this segment of bike trail under a County permit since July 1, 2015.

ENVIRONMENTAL DOCUMENTATION
This recommended action is categorically exempt from the provisions of the California Environmental Quality Act. The action is to provide for ongoing operation, maintenance, and repair of an existing bicycle path that is within a class of projects that has been determined not to have a significant effect on the environment in that it meets the criteria set forth in Section 15301(c) of the California Environmental Quality Act Guidelines and Class 1(f) of the Environmental Reporting Procedures and Guidelines adopted by the Board.

IMPACT ON CURRENT SERVICES (OR PROJECTS)
This action will have no impact on current services.

CONCLUSION
Please return one adopted copy of this letter to the Department of Public Works, Programs Development Division.

GAIL FARBER
Director
Enclosures
c: Chief Executive Office (Rochelle Goff)
County Counsel (Carol Suzuki)
Executive Office
Respectfully submitted,
GF:JTW:pr
The Honorable Board of Supervisors
6/21/2016

Page 3 ends

4.D.b
Packet Pg. 319 Attachment: Original Agreement_Sweeping of Marvin Braude Bike Trail (7714 : Beach Bike Path Agt LA County) PW 1 4 0 9 3

AGREEMENT
THIS COOPERATIVE AGREEMENT (hereinafter referred to as AGREEMENT) is made and entered into by and between the CITY OF SANTA MONICA, a municipal corporation and charter city in Los Angeles County (hereinafter referred to as CITY) and the COUNTY OF LOS ANGELES, a political subdivision of the State of California (hereinafter referred to as COUNTY):

WITNESSETH
WHEREAS, COUNTY and CITY are empowered by law to acquire, construct, maintain, and operate public facilities and improvements, such as public bicycle trails; and
WHEREAS, in 1972, by Agreement 20389, the COUNTY was awarded funds from the Land and Water Conservation Fund Act of 1965 to develop the continuous 19 miles of bicycle trail, starting at California Avenue in Santa Monica State Beach and proceeding southward to Via Riviera in the City of Torrance, formerly called the South Bay Bike Trail and currently called the Marvin Braude Bike Trail; and WHEREAS, CITY extended the Marvin Braude Bike Trail to CITY's northern limits in 1989; and
WHEREAS, COUNTY currently has responsibility for maintaining the Marvin Braude Bike Trail, including the portion as extended by CITY; and WHEREAS, COUNTY receives an annual supplemental allocation of Transportation Development Act Article 3 funds to cover the maintenance cost on seven predetermined regionally significant Class 1 bicycle facilities, including the Marvin Braude Bike Trail, and for Fiscal Year 2015-16 the prorated amount of the allocation for maintenance of the Marvin Braude Bike Trail along the CITY's beach frontage is TwentyFour Thousand Eight Hundred Thirty-One and 00/100 Dollars ($24,831.00) in accordance with Exhibit A; and
WHEREAS, COUNTY and CITY now desire to have CITY perform sweeping and sand removal maintenance on a 2.9 mile segment of the Marvin Braude Bike Trail along the CITY's beach frontage, (hereinafter referred to as BIKE TRAIL), and to remit to the CITY the prorated Transportation Development Act Article 3 funds for BIKE TRAIL, subject to the terms and conditions of AGREEMENT; and
WHEREAS, CITY began maintenance of BIKE TRAIL at their own expense, commencing on July 1, 2015, under a permit issued by COUNTY; and NOW, THEREFORE, in consideration of the mutual benefits to be derived by both CITY and COUNTY and of promises herein contained, it is hereby agreed as follows:
(1) COUNTY AGREES:

Page 1 of 8 ends

4.D.b
Packet Pg. 320 Attachment: Original Agreement_Sweeping of Marvin Braude Bike Trail (7714 : Beach Bike Path Agt LA County) a. To notify CITY of the prorated Transportation Development Act Article 3 fund allocation amount to maintain BIKE TRAIL (MAINTENANCE BUDGET) in accordance with Exhibit A by July 1st of each year.
b. To pay MAINTENANCE BUDGET funds to CITY for each fiscal year within thirty (30) calendar days of receipt of CITY's invoice. c. To address pavement repairs reported by CITY within ten (10) business days, as reasonably determined to be necessary by the COUNTY. d. To respond to reports from CITY of immediate safety hazards on BIKE TRAIL within forty-eight (48) hours.
(2) CITY AGREES:
a. To provide COUNTY with an invoice for MAINTENANCE BUDGET after November 30th of each year. COUNTY is not required to pay funds in excess of the MAINTENANCE BUDGET to the CITY for CITY'S maintenance of the BIKE TRAIL.
b. To maintain BIKE TRAIL in good condition to the extent that sufficient funds are available in the MAINTENANCE BUDGET. Such maintenance shall include the duties described in Exhibit B, Bike Trail Motor Sweeping Maintenance Guidelines, and the maintenance area limits described in Exhibit B and depicted in Exhibit C attached hereto. CITY shall notify COUNTY within four (4) business days of any significant change to maintenance frequency, as identified in Exhibits B and C.
c. To notify COUNTY's Road District 233 Office at (310) 649-5123 of the need for pavement repairs to BIKE TRAIL within forty-eight (48) hours of notice of such need.
d. To provide COUNTY with prompt notice of any immediate safety hazard to the public along BIKE TRAIL and to place warning signs or other protective measures to protect the public.
(3) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
a. Neither COUNTY nor any officer or employee of COUNTY shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of CITY under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of CITY under this AGREEMENT. It is also understood and agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify, defend, and hold COUNTY and their respective officers, employees, and agents harmless from and against, any claims, demands, liability, damages, costs, and expenses including,

Page 2 of 8 ends

4.D.b
Packet Pg. 321 Attachment: Original Agreement_Sweeping of Marvin Braude Bike Trail (7714 : Beach Bike Path Agt LA County) without limitation, involving bodily injury, death, or personal injury of any person or property damage of any nature whatsoever, arising from or related to any acts or omissions on the part of CITY under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of CITY under this AGREEMENT, except to the extent caused by the active negligence or willful misconduct of COUNTY. This provision shall survive termination or expiration of this AGREEMENT.
b. Neither CITY nor any officer or employee of CITY shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of COUNTY under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of COUNTY under this AGREEMENT. It is also understood and agreed that pursuant to Government Code Section 895.4, COUNTY shall fully indemnify, defend, and hold CITY and their respective officers, employees, and agents harmless from and against, any claims, demands, liability, damages, costs, and expenses including, without limitation, involving bodily injury, death, or personal injury of any person or property damage of any nature whatsoever, arising from or related to any acts or omissions on the part of COUNTY under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of COUNTY under this AGREEMENT, except to the extent caused by the active negligence or willful misconduct of CITY. This provision shall survive termination or expiration of this AGREEMENT.
c. If CITY retains contractor(s) to perform BIKE TRAIL maintenance as described in Exhibit B, CITY shall require such contractor and/or subcontractor to provide insurance coverage and indemnity for the COUNTY to the same extent as CITY in the contract for the work.
d. The term of this AGREEMENT shall be for ten (10) years initial term commencing upon execution by CITY and COUNTY.
e. COUNTY, upon receipt of a written request from CITY six (6) months prior to the end of the initial term, may extend the term of this AGREEMENT beyond the initial term (up to a period of ten (10) years) subject to such terms and conditions as mutually agreed upon by CITY and COUNTY.
f. Notwithstanding paragraph (3) d. above, COUNTY and CITY in their sole discretion by providing sixty (60) calendar days prior written notice, shall each have the right to cancel this AGREEMENT and terminate CITY's maintenance of BIKE TRAIL.

Page 3 of 8 ends

4.D.b
Packet Pg. 322 Attachment: Original Agreement_Sweeping of Marvin Braude Bike Trail (7714 : Beach Bike Path Agt LA County) g. Any correspondence, communication, or contract concerning this AGREEMENT shall be directed to the following:

CITY: Ms. Susan Cline
Director of Public Works
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401-3295
COUNTY: Mr. John T. Walker
Assistant Deputy Director
Programs Development Division
County of Los Angeles
Department of Public Works
P.O. Box 1460
Alhambra, CA 91802
h. INSURANCE:

1. Without limiting CITY's indemnification of the COUNTY, CITY shall procure and maintain, in full force and effect during the term of this AGREEMENT, and require any contractors performing work undertaken pursuant to this AGREEMENT to procure insurance policies providing for the following insurance coverage:
i) Comprehensive general liability and property damage coverage with a combined single limit liability in an amount of not less than Two Million and 00/100 Dollars ($2,000,000.00) per occurrence. ii) Workers compensation coverage in such amount as willfully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both COUNTY and CITY against any loss, claim, or damage arising from any injuries or occupational diseases occurring to any worker employed by, or any person retained by, CITY in the course of carrying out the work or services contemplated in this AGREEMENT.
iii) Automobile Liability Insurance: CITY shall procure such policy with coverage of not less than One Million and 00/100 Dollars ($1,000,000.00) per accident.

2. COUNTY, its governing board, officers, agents, contractors, and employees shall be named as additional insured on all policies of liability insurance. CITY shall furnish to COUNTY a policy of insurance evidencing CITY's insurance coverage no later than ten (10) calendar days after execution of AGREEMENT, but before CITY commences maintenance sweeping of BIKE TRAIL. Upon renewal of said policy,

Page 4 of 8 ends

4.D.b
Packet Pg. 323 Attachment: Original Agreement_Sweeping of Marvin Braude Bike Trail (7714 : Beach Bike Path Agt LA County) I/
/I
II
I/
I/
I/
/I
II
I/
I/
I/
/I
I/
I/
I/
/I
I/
I/
I/
/I
I/
/I
II
I/
I/
I/
I/
I/
I/
II
I/
I/
II
CITY shall furnish to COUNTY a certificate evidencing CITY's continued insurance coverage as required herein. CITY shall provide notice to COUNTY of any change of CITY's insurance policy and shall not permit any lapse in required insurance coverage.

3. COUNTY may accept, should CITY elect to provide, a certificate of selfinsurance. The limits of such self-insurance coverage shall meet or exceed those stated herein.
i. This AGREEMENT may be amended or modified only by mutual written consent of CITY and COUNTY. Amendments and modification of a nonmaterial nature (including notification and billing details) may be made by the mutual written consent of the parties' Directors of Public Works or their delegates.

Page 5 of 8 ends

4.D.b
Packet Pg. 324 Attachment: Original Agreement_Sweeping of Marvin Braude Bike Trail (7714 : Beach Bike Path Agt LA County) IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective officers, duly authorized, by the CITY OF St$NTAI MONICA on 6,.„,1 / 2 , 2016, and by the COUNTY OF LOS ANGELES on 04?-1 - , 2016.

APPROVED AS TO FORM:

MARY C. WICKHAM
County Counsel
By
Deputy
COUN
By
ES
[rector of Public Works

CITY OF ANTA MONICA
By
Date
ATTEST:

By
City Manager
keatilL4oluwikiireue&
City Clerk
APPROVED AS TO FORM:

Page 6 of 8 ends

City
es\
torney

4.D.b
Packet Pg. 325 Attachment: Original Agreement_Sweeping of Marvin Braude Bike Trail (7714 : Beach Bike Path Agt LA County)

EXHIBIT A
Transportation Development Act Article 3 Fund Allocation The Los Angeles County Metropolitan Transportation Authority (LACMTA) Board manages the Transportation Development Act (TDA) Article 3 bicycle and pedestrian funds and allocates funds to local agencies annually. A total of $7,551,412 of TDA Article 3 funds is available to local agencies in the County for Fiscal Year 2015-16.

Fifteen (15%) percent of the annual local allocation amount of TDA Article 3 funds is designated toward maintenance of seven predetermined regionally significant Class I bike paths as determined by LACMTA policy. This portion is divided in a ratio of 30 to 70 percent to the CITY and the COUNTY. The remaining 85 percent is allocated to all Los Angeles County cities and the COUNTY based on population shares. In June each year, LACMTA Board approves fund allocation for TDA Article 3 funds for the next fiscal year (July 1st through June 30th).

For Fiscal Year 2015-16, the COUNTY received $792,898 to cover maintenance costs for the following 92.6 miles of predetermined regionally significant Class I bike paths:
• Marvin Braude Bike Trail (16 miles)
• San Gabriel River Bike Trail (31.4 miles)
• Los Angeles River/LARIO Bike Trail (25 miles)
• Upper Rio Hondo Bike Trail (9.2 miles)
• Coyote Creek (with North Fork) Bike Trail (5.7 miles) • Laguna Dominguez Bike Trail (4.5 miles)
• Ballona Creek Bike Trail (0.84 miles)
The prorated supplemental allocation for the 2.9 mile segment of the Marvin Braude Bike Trail to be remitted to CITY for Fiscal Year 2015-16 is $24,831 using a proration factor of

0.031317. The proration factor is the quotient of the 2.9 miles of the Marvin Braude Bike Trail divided by the 92.6 miles of regionally significant Class I bike paths.

Page 7 of 8 ends

4.D.b
Packet Pg. 326 Attachment: Original Agreement_Sweeping of Marvin Braude Bike Trail (7714 : Beach Bike Path Agt LA County)

EXHIBIT B
Bike Trail Motor Sweeping Maintenance Guidelines
Sweeping Specifications:

Bike trail sweeping typically requires two passes to clean the entire trail. If significant accumulation of sand (greater than 3-inches thick) is deposited on the Marvin Braude Bike Trail, the CITY will use a loader to remove excess sand and place it on the seaward side of the Marvin Braude Bike Trail.

Sand from Sweeper and Loader:

The sweeper operator will empty the sand from the sweeper's hopper onto the beach sand seaward of the Marvin Braude Bike Trail. Sand removed with the CITY's loader will be likewise deposited on the seaward side of the Marvin Braude Bike Trail. The piles will be knocked down by CITY's beach maintenance staff (either with the loader or beach sanitizer).

Frequency:
• 5 times a week (Monday to Friday)
Limits of Bike Trail Maintenance work:

The southern boundary is Venice Beach.

The northern boundary is the access ramp adjacent to the Beach Club at 14730 Pacific Coast Highway, Santa Monica, CA 90402.

P: \pdpubTederal \BIKE \BL\SMsweepMBBIlMarvin Braude-Enclosure A.docx

Page 8 of 8 ends

4.D.b
Packet Pg. 327 Attachment: Original Agreement_Sweeping of Marvin Braude Bike Trail (7714 : Beach Bike Path Agt LA County) 0 Exhibit C - Marvin Braude Bike Trail in Santa Monica
**N. City QS.:01's 04' - • <- of e4
N..Los Angeles (4?•-
N.. (<9
14730 Pacific
Coast Highway
Legend
City Boundary
• • • Marvin Braude Bike Trail in Santa Monica
Northerly boundary is access ramp adjacent to the
Beach Club at 14730 Pacific Coast Highway.

Southerly boundary is Venice Beach.

Cooperative agreement reference map of City of Santa Monica's limit for sweeping and sand removal work along the Marvin Braude Bike Trail along their beach frontage.

Santa Monica
Pacific
Ocean / Vicinity Map
1 " No Scale
0 0.25 0.5
Miles

PACIFIC
OCEAN
VENICE \
BEACH
•
• '/'(, ,p. \,c,`1*-.?' -1,
'-
1 \-S, 6
Doti ,5- • 0 CO (7,4 C•\ ok\-\-- D.
,O1 s\.) . f..„ \-.1. \-
1 City N o\ix s \-‘ A c\ v ,,,,p(34-,1%P- ,_ 'o of ,s, -S- R, opp ,c0'- `7--.7)_ Los Angeles ,z,' ,,,‘.-' c,-\•1` ,,,,s\
.1*--- s‘'s -

4.D.b
Packet Pg. 328 Attachment: Original Agreement_Sweeping of Marvin Braude Bike Trail (7714 : Beach Bike Path Agt LA County)

FIRST AMENDMENT TO THE COOPERATIVE

MAINTENANCE AGREEMENT WITH THE CITY OF SANTA MONICA
FOR 2.9 MILES OF MARVIN BRAUDE BIKE TRAIL
This AMENDMENT (hereinafter referred to as Amendment 1) to the Cooperative Maintenance Agreement for sweeping and sand removal services is made and entered into by and between the City of Santa Monica, a municipal corporation and charter city in Los Angeles County (hereinafter referred to as CITY) and the County of Los Angeles, a political subdivision of the State of California (hereinafter referred to as COUNTY):

RECITALS:

WHEREAS, on September 15, 2016, COUNTY entered into the Cooperative Agreement (hereinafter referred to as AGREEMENT) with the CITY for the CITY to maintain 2.9 miles of the Marvin Braude Bike Trail along the City's beach frontage for a 10-year period; and
WHEREAS, the Director of Public Works or his designee received delegated authority to extend the term of the AGREEMENT up to a period of ten (10) years and approve and execute amendments to the AGREEMENT to incorporate necessary nonmaterial changes to the AGREEMENT; and
WHEREAS, COUNTY pays maintenance budget funds to CITY for each fiscal year within thirty (30) calendar days of receipt of CITY's invoice; and WHEREAS, in accordance with Paragraph 3(e) of the AGREEMENT, the COUNTY received a written request from the CITY to extend the term of the AGREEMENT for a second (10) year term; and
WHEREAS, in accordance with Paragraph 3(e) of the AGREEMENT, the CITY and COUNTY wish to extend the term of the AGREEMENT for another ten (10) year term with mutual consent, beginning September 16, 2026; and
NOW, THEREFORE, in consideration of the mutual benefit to be derived by both CITY and COUNTY and the promises herein contained, the AGREEMENT is hereby amended as follows:

1. The term of this agreement is hereby extended, commencing on September 16, 2026, and continuing for ten (10) years until September 16, 2036.

2. Remaining Terms Unaffected. Except as specifically modified by this Amendment 1, the terms of the AGREEMENT including the exhibits, shall remain unchanged and the parties hereby ratify and confirm that the AGREEMENT as amended by this Amendment 1, shall remain in full force and effect.

2.3. Execution in Counterparts. This First Amendment may be executed in

4.D.c
Packet Pg. 329 Attachment: First Amendment_Sweeping of Marvin Braude Bike Trail (7714 : Beach Bike Path Agt LA County) counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single document. Any signature to this First Amendment transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).

IN WITNESS WHEREOF, the CITY and COUNTY have executed this AMENDMENT as of the day and year last written below.

CITY OF SANTA MONICA
By
City Manager
Date
ATTEST
By
City Clerk

APPROVED AS TO FORM
By
City Attorney

COUNTY OF LOS ANGELES
By
Deputy Director
Date

APPROVED AS TO FORM
Dawyn R. Harrison
County Counsel

By Miguel A. Dager
Deputy County Counsel
Date

4.D.c
Packet Pg. 330 Attachment: First Amendment_Sweeping of Marvin Braude Bike Trail (7714 : Beach Bike Path Agt LA County) 1 David Yakobson
From: Jacob Wasserman <[email protected]>
Sent: Saturday, June 20, 2026 11:40 AM
To: Lana Negrete; Caroline Torosis; Ellis Raskin; Dan Hall; Jesse Zwick; Natalya Zernitskaya; Barry Snell
Cc: Council Mailbox; councilmtgitems
Subject: Item 4.D

EXTERNAL
Writing for myself only, as a Santa Monica resident, Planning Commissioner, and regular user of the beach path, I support continued efforts to keep the path clean and accessible people of all abilities on all modes.

Jacob Wasserman
900403
Item 4-D
June 23, 2026
Item 4-D
June 23, 2026

4.D.d
Packet Pg. 331 Attachment: Written Comments (7714 : Beach Bike Path Agt LA County) City Council
Report
City Council Meeting: June 23, 2026
Agenda Item: 4.E
1 of 4
To: Mayor and City Council
From: Christopher Dishlip, Director of Public Works, Water Resources Division Subject: Approval of Modification to the Purchase Order with Univar Solutions USA, Inc. for Sodium Hypochlorite
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act Guidelines; and

2. Authorize the Procurement Manager to increase purchasing authority in the amount of $455,000 with Univar Solutions USA, Inc. for sodium hypochlorite for the Public Works Department. This would result in a revised purchasing authority total not to exceed $1,030,000, with future year funding contingent on Council budget approval.

Summary
The City of Santa Monica (City), Department of Public Works – Water Resources Division operates and maintains a suite of advanced water treatment processes to produce local water supplies that meet the community’s needs. This includes a multibarrier treatment process through the Charnock Water Treatment Plant and the Arcadia Water Treatment Plant, which provide high-quality, safe, and reliable drinking water for the community, as well as the Sustainable Water Infrastructure Project (SWIP), which produces advanced treated recycled water for groundwater recharge. The treatment processes at the Charnock Treatment Plant, Arcadia Water Treatment Plant, and SWIP all use sodium hypochlorite to support filtration and disinfection processes. The original award to Univar Solutions USA (Univar) Inc. was for an amount not to exceed $575,000 over five years as a backup vendor for sodium hypochlorite. However, due to chemical quality concerns with the original primary supplier, staff have been using Univar as the

4.E
Packet Pg. 332
2 of 4
primary supplier. Staff recommends increasing the approved spending authority by an amount not to exceed $455,000, for a new total amount not to exceed $1,030,000.

Discussion
The City uses a multi-barrier water treatment process at the Charnock Treatment Plant and the Arcadia Water Treatment Plant to provide safe, high-quality drinking water that meets or exceeds all federal and state drinking water standards. Sodium hypochlorite (purchased at 12.5% concentration), a liquid chlorine solution commonly used in water treatment, supports several treatment processes at both facilities.

At the Charnock Treatment Plant, treatment processes include greensand filtration, biological granular activated carbon filtration, and final disinfection. Sodium hypochlorite is used to help remove naturally occurring iron and manganese and to disinfect the water before it enters the distribution system. The facility is expected to receive approximately 11 deliveries of sodium hypochlorite annually, with each delivery consisting of about 5,000 gallons.

At the Arcadia Water Treatment Plant, treatment processes include greensand filtration, reverse osmosis, decarbonation towers (air stripping), and final disinfection. Sodium hypochlorite is used to support iron and manganese removal, protect reverse osmosis membranes, and disinfect treated water before distribution to customers. The facility is expected to receive approximately 18 deliveries annually, with each delivery consisting of about 5,000 gallons.

The City is also expanding recycled water production through the Sustainable Water Infrastructure Project (SWIP), which is intended to diversify local water supplies and improve drought resiliency. The SWIP Advanced Water Treatment Facility uses a multibarrier advanced treatment process to produce highly treated recycled water for nonpotable uses, such as irrigation and toilet flushing, and to help replenish local groundwater supplies. Sodium hypochlorite is used at the facility to clean microfiltration filters, protect reverse osmosis membranes, support advanced oxidation treatment, and

4.E
Packet Pg. 333
3 of 4
disinfect the final treated water. The facility is expected to receive approximately 21 deliveries annually, with each delivery consisting of about 2,000 gallons.

Staff experienced quality issues with the original primary vendor that was an awardee of RFB #4431 to supply sodium hypochlorite to the City. The quality issue from the supplier resulted in a notification level exceedance for chlorate at one of the City’s water storage reservoirs, and the reservoir was taken offline immediately to resolve the issue.

This incident was not a violation of drinking water regulations; but out of an abundance of caution, staff switched to the backup vendor (Univar) and have not had any quality issues since.

Environmental Review
The purchase order for sodium hypochlorite is categorically exempt pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. Section 15301 “exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.” The purchase order would allow for the continuance of dayto-day water operations at existing water treatment facilities and would not expand or materially change existing facilities or operations. Therefore, the purchase order is categorically exempt as set forth in Section 15301 of the CEQA Guidelines.

Past Council Actions
Meeting Date Description
10/25/22 Original bid and award with Univar Solutions USA for sodium hypochlorite
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Water Fund to increase the

4.E
Packet Pg. 334
4 of 4
amount of the purchase order with Univar to provide sodium hypochlorite. Funds are included in the FY 2026-27 Proposed Operating Budget. Future year funding is contingent on Council budget approval.

Purchase Authority Modification Request
Current
Authorized
Amount
FY 26/27 Request
Amount Account #
Total Revised
Purchase Order
Amount
$0 $227,500 50500002.525081 $227,500
$0 $227,500 50500003.525081 $227,500
$575,000 $0 51500001.525085 $575,000
$575,000 $455,000 Total $1,030,000
Prepared By: Thomas Poon, Engineering Support Services Administrator Approved Forwarded to Council
Attachments:

A. Oct 25, 2022 Staff Report (web link)
B. FY 25-26 Oaks Initiative (Univar)
C. FY 25-26 Levine Act (Univar)

4.E
Packet Pg. 335

CITY OF SANTA MONICA

OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.

Public benefits include:

1. Personal services contracts in excess of $25,000 over any 12-month period;

2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;

3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;

4. Non-competitive franchise awards with gross revenue of $50,000 or more inany 12-month period;

5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;

6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or

7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.

Name(s) of persons or entities receiving public benefit:

Name(s) of trustees, directors, partners, and officers:

Name(s) of persons with more than a 10% equity, participation, or revenue interest:

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #

4.E.b
Packet Pg. 336 Attachment: FY 25-26 Oaks Initiative (Univar) (7721 : Sodium Hypochlorite - Change Order) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal.

Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/ https://www.santamonica.gov/departments/rent-control https://www.smgov.net/boards/ Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

4.E.c
Packet Pg. 337 Attachment: FY 25-26 Levine Act (Univar) (7721 : Sodium Hypochlorite - Change Order) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request.

4.E.c
Packet Pg. 338 Attachment: FY 25-26 Levine Act (Univar) (7721 : Sodium Hypochlorite - Change Order) City Council
Report
City Council Meeting: June 23, 2026
Agenda Item: 4.F
1 of 5
To: Mayor and City Council
From: Christopher Dishlip, Director of Public Works, Water Resources Division Subject: Approval of the Second Modification to Agreement #10779 (CCS) with Ramboll America's Engineering Solutions, Inc. for Charnock Groundwater Management Program
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Authorize the City Manager to execute a second modification to Agreement #10779 (CCS) in the amount of $350,000 with Ramboll America’s Engineering Solutions, Inc. to provide Charnock Well Field (Charnock) groundwater management program services for the Public Works Department. This will result in an amended agreement with a new total amount not to exceed $2,175,000, with future year funding contingent on Council budget approval.

Summary
The City of Santa Monica (City) is responsible for conducting the cleanup of polluted ground water supplies as part of a settlement agreement with the responsible parties and for restoring groundwater supplies in the local groundwater aquifer. The City’s Charnock Groundwater Management Program supports pollution remediation efforts and ensures compliance with federal, state and local permitting, water quality and reporting requirements related to the City’s largest drinking water aquifer, the Charnock Well Field. The City requires use of a contractor for services including groundwater monitoring, sampling, modeling to aid in remediation efforts in compliance with requirements established by the Regional Water Quality Control Board (RWQCB) and the Division of Drinking Water (DDW). Staff recommends increasing agreement #10779 (CCS) issued to Ramboll America’s Engineering Services, Inc. (Ramboll) by $350,000

4.F
Packet Pg. 339
2 of 5
to support monitoring well work and other requirements outlined in the recently issued No Further Action from the RWQCB, as well as the ongoing well rehabilitation and replacement process with DDW. This first modification would result in a new total amount not to exceed $2,175,000.

Discussion
The Charnock Well Field is the City’s largest drinking water aquifer. Over the past five (5) years, the aquifer has produced between 7,500 and 8,400 acre-feet per year (AFY) of groundwater from five production wells. This represents approximately 80% of the City’s groundwater production. Since December 2010, the City has operated the Charnock Treatment Unit, located at 11375 Westminster Ave. in Los Angeles to restore the Charnock Well Field to full production. The purpose of the treatment system is to remove methyl tertiary-butyl ether (MTBE) and tertiary-butyl alcohol (TBA) from the groundwater prior to distribution. This provides the City with a reliable supply of clean drinking water and aids in the cleanup of MTBE and TBA contamination in the Charnock aquifer.

To monitor the subsurface contamination, the City oversees a groundwater monitoring network that comprises 52 regional monitoring wells. Water quality data obtained from the most recent groundwater monitoring activities show that concentrations of MTBE and TBA in the subsurface have declined significantly over time. Given the positive status of the restoration of the Charnock aquifer, the City commissioned a technical memorandum in February 2018 to determine the path to achieve a No Further Action (NFA) letter from the Los Angeles Regional Water Quality Control Board (RWQCB) for the Charnock Well Field. The technical memorandum, prepared by Advisian, concluded that achieving NFA closure would be feasible within five years at a cost of approximately $2,483,000. The NFA was issued by the RWQCB on November 22, 2023, and the City has been working toward meeting the requirements outlined in the NFA, which are expected to be completed by the end of 2026.

The monitoring work provided by Ramboll is essential to continue without interruption, not only to meet the requirements of the NFA but also to continue the monitoring of the

4.F
Packet Pg. 340
3 of 5
Charnock Wells required by DDW. The original contract term was extended to December 31, 2026, with Modification #1 to allow sufficient time to bid these services out for a new award starting January 1, 2027. RFB #482 will be posted during this period for a new contract award starting January 1, 2027. The request of additional contract authority is to support the additional term extended in Modification #1.

Since 2007, the City has conducted a voluntary regional groundwater monitoring program in the Charnock aquifer. The RWQCB is the lead groundwater regulatory agency that oversees enforcement within the region. In May 2018, the RWQCB approved a modified sampling program based on the positive status of the restoration of the Charnock aquifer. With the significant reduction in contaminant levels within the Charnock aquifer, the City plans to request approval from the RWQCB for closure of the Charnock monitoring programs, which would result in a significant annual savings for the City. In order to achieve closure, additional groundwater transport modeling would be required to document that the remaining MTBE and TBA mass present in the aquifer no longer poses a risk to the Charnock Well Field.

The modification is to continue the work that Ramboll would perform, conducting groundwater well sampling, water quality analysis and regulatory reporting for the 52 groundwater wells until the conditions outlined in the RWQCB’s NFA have been met.

This includes five semiannual, four annual and one single three-year monitoring event.

The second-largest task involves the abandonment and closure of 40 groundwater monitoring wells. Both of these major efforts require expertise that City staff does not have.

Environmental Review
The contract amendment for groundwater well sampling, water quality analysis, and regulatory reporting is categorically exempt pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. Section 15301 “exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former

4.F
Packet Pg. 341
4 of 5
use.” The contract amendment would allow for the continuance of day-to-day water operations at water treatment facilities and would not expand or materially change existing facilities or operations. Therefore, the contract amendment is categorically exempt as set forth in Section 15301 of the CEQA Guidelines.

Past Council Actions
Meeting Date Description
11/27/2018 Original bid and award of agreement with Ramboll US Corporation Inc for Charnock Well Field groundwater
management
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Water Fund to increase the amount of CT#10779 (CCS) with Ramboll America’s Engineering Solutions, Inc. for Charnock Well Field groundwater management. Funds are included in the FY 2026-27 Proposed Operating Budget. Future year funding is contingent on Council budget approval.

Agreement #
Current
Authorized
Amount
FY 2026/27
Request
Amount Account #
Total Revised
Contract Amount
10779 (CCS) $1,825,000 $350,000 50500001.552010 $2,175,000 Prepared By: Thomas Poon, Engineering Support Services Administrator Approved Forwarded to Council
Attachments:

A. Nov 27, 2018 Staff Report (web link)

4.F
Packet Pg. 342
5 of 5
B. FY 25-26 Oaks Initaitve (Ramboll)
C. FY 25-26 Levine Act (Ramboll)
D. CT 10779 (CCS) - Ramboll (Original)
E. CT 10779 (CCS) - Ramboll (Mod 1)

4.F
Packet Pg. 343

CITY OF SANTA MONICA

OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.

Public benefits include:

1. Personal services contracts in excess of $25,000 over any 12-month period;

2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;

3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;

4. Non-competitive franchise awards with gross revenue of $50,000 or more inany 12-month period;

5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;

6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or

7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.

Name(s) of persons or entities receiving public benefit:

Name(s) of trustees, directors, partners, and officers:

Name(s) of persons with more than a 10% equity, participation, or revenue interest:

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #

4.F.b
Packet Pg. 344 Attachment: FY 25-26 Oaks Initaitve (Ramboll) (7723 : Mod 2 - CT #10779 (Ramboll)) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

4.F.c
Packet Pg. 345 Attachment: FY 25-26 Levine Act (Ramboll) (7723 : Mod 2 - CT #10779 (Ramboll)) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request.

4.F.c
Packet Pg. 346 Attachment: FY 25-26 Levine Act (Ramboll) (7723 : Mod 2 - CT #10779 (Ramboll))

4.F.d
Packet Pg. 347 Attachment: CT 10779 (CCS) - Ramboll (Original) (7723 : Mod 2 - CT #10779 (Ramboll))

4.F.d
Packet Pg. 348 Attachment: CT 10779 (CCS) - Ramboll (Original) (7723 : Mod 2 - CT #10779 (Ramboll))

4.F.d
Packet Pg. 349 Attachment: CT 10779 (CCS) - Ramboll (Original) (7723 : Mod 2 - CT #10779 (Ramboll))

4.F.d
Packet Pg. 350 Attachment: CT 10779 (CCS) - Ramboll (Original) (7723 : Mod 2 - CT #10779 (Ramboll))

4.F.d
Packet Pg. 351 Attachment: CT 10779 (CCS) - Ramboll (Original) (7723 : Mod 2 - CT #10779 (Ramboll))

4.F.d
Packet Pg. 352 Attachment: CT 10779 (CCS) - Ramboll (Original) (7723 : Mod 2 - CT #10779 (Ramboll))

4.F.d
Packet Pg. 353 Attachment: CT 10779 (CCS) - Ramboll (Original) (7723 : Mod 2 - CT #10779 (Ramboll))

4.F.d
Packet Pg. 354 Attachment: CT 10779 (CCS) - Ramboll (Original) (7723 : Mod 2 - CT #10779 (Ramboll))

4.F.d
Packet Pg. 355 Attachment: CT 10779 (CCS) - Ramboll (Original) (7723 : Mod 2 - CT #10779 (Ramboll))

4.F.d
Packet Pg. 356 Attachment: CT 10779 (CCS) - Ramboll (Original) (7723 : Mod 2 - CT #10779 (Ramboll))

4.F.d
Packet Pg. 357 Attachment: CT 10779 (CCS) - Ramboll (Original) (7723 : Mod 2 - CT #10779 (Ramboll))

4.F.d
Packet Pg. 358 Attachment: CT 10779 (CCS) - Ramboll (Original) (7723 : Mod 2 - CT #10779 (Ramboll))

4.F.d
Packet Pg. 359 Attachment: CT 10779 (CCS) - Ramboll (Original) (7723 : Mod 2 - CT #10779 (Ramboll))

4.F.d
Packet Pg. 360 Attachment: CT 10779 (CCS) - Ramboll (Original) (7723 : Mod 2 - CT #10779 (Ramboll))

4.F.d
Packet Pg. 361 Attachment: CT 10779 (CCS) - Ramboll (Original) (7723 : Mod 2 - CT #10779 (Ramboll)) 1 Rev. October 2023
FIRST MODIFICATION OF AGREEMENT NO. 10779 (CCS)
This First Modification of Agreement Number 10779 (CCS) (“First Modification”), entered into as of _________________ (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and RAMBOLL AMERICAS ENGINEERING SOLUTIONS, INC. (RAMBOLL) is made with reference to the following:

RECITALS
A. On or about February 27, 2019, the City and RAMBOLL entered into Agreement Number 10779 (CCS) for Charnock Groundwater Management (“Original Agreement”).

B. The City and RAMBOLL desire to modify the Original Agreement to extend the agreement term. The Charnock Groundwater Management services are intended to be bid out and awarded again for a new contract before December 31, 2026. This modification is to extend and continue services until the new award is finalized.

TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:

1. Section 1 of the Original Agreement entitled “Term” shall be deleted in its entirety and replaced with the following paragraph:

Term. This Agreement begins on the Execution Date and terminates on December 31, 2026, unless terminated earlier as set forth in the Original Agreement or extended by the parties in writing.

2. Execution in Counterparts. This First Modification may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification. Any signature to this First Modification transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
//
//
Docusign Envelope ID: 694B9DF8-8D5A-85BE-8001-AA4B5A868380 6/2/2026

4.F.e
Packet Pg. 362 Attachment: CT 10779 (CCS) - Ramboll (Mod 1) (7723 : Mod 2 - CT #10779 (Ramboll)) 2 Rev. October 2023

3. Except as expressly modified by this First Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.

ATTEST:
______________________________

DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ____________________________

RICK COLE
City Manager
ABC Corporation
#VENDOR
By: ____________________________
Docusign Envelope ID: 694B9DF8-8D5A-85BE-8001-AA4B5A868380

HEIDI VON TONGELN
City Attorney
5/28/2026
Nick Walchuk
5/28/2026
Principal
Ramboll Americas Engineering Solutions, Inc.

City Manager
6/2/2026
Oliver Chi
Interim City Clerk
Denise Anderson-Warren
6/2/2026

4.F.e
Packet Pg. 363 Attachment: CT 10779 (CCS) - Ramboll (Mod 1) (7723 : Mod 2 - CT #10779 (Ramboll)) City Council
Report
City Council Meeting: June 23, 2026
Agenda Item: 4.G
1 of 4
To: Mayor and City Council
From: Matthew Hallock, Fire Chief, Fire Department
Subject: Authorization for Procurement Manager to Issue Purchase Order to Allstar Fire Equipment for Purchase and Delivery of Turnouts
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Authorize the Procurement Manager to issue a purchase order with Allstar Fire Equipment for the purchase of structural Personal Protective Equipment (PPE) for the Fire Department. This recommended award is made as an exception to the competitive bidding process pursuant to the City’s Procurement Policy and is for an amount not to exceed $801,846, with future year funding contingent on Council budget approval.

Summary
Structural Personal Protective Equipment or Turnout gear is a critical element of personal protective equipment worn by firefighters when responding to emergencies. It protects the firefighter from heat and fire exposure, as well as chemicals, water, and debris. The Santa Monica Fire Department (“SMFD”) provides each firefighter with two sets of turnout gear (coat and pants) – a primary set and a reserve set when the primary set becomes contaminated following a fire or other significant exposure and requires cleaning. Staff recommends the issuance of a purchase order to Allstar Fire Equipment, Inc. (Allstar), the authorized distributor of LION turnout gear in California, for an amount not to exceed $801,846 over a four-year, eight-month period. This purchase will be made as an exception to the competitive bidding process via a cooperative purchasing agreement.

4.G
Packet Pg. 364
2 of 4
Discussion
Firefighters wear personal protective equipment, such as turnouts, hoods, boots, gloves, and suspenders, to protect from harmful environmental conditions and physical injury during fire and rescue incidents. These hazards include physical, electrical, heat, chemicals, biohazards, and airborne particulate matter. Annually, SMFD responds to over 18,000 calls for service, many of which require firefighters to don their turnout gear.

Turnout gear, which includes coat and pants, is a key component of the personal protective equipment. SMFD follows the standards set by the National Fire Protection Association (“NFPA”) which is an international non-profit organization that creates and maintains safety standards, codes, and guidelines to prevent death, injury, and property loss caused by fire, electrical, and related hazards. NFPA 1971 protects firefighting personnel by establishing minimum levels of protection from thermal, physical, environmental, and blood-borne pathogen hazards encountered during structural and proximity firefighting operations.

Each firefighter is provided two (2) sets of Turnouts; a primary set and a reserve set.

When the primary set becomes contaminated following a fire or other significant exposure and requires cleaning, the second set is immediately placed into service.

Turnout gear is replaced approximately every five (5) years, ensuring that all front-line turnouts are less than ten (10) years old. This equates to about 25 sets of turnouts purchased every year. Staff has also allotted 12 sets of Turnouts for each biennial Recruit Academy.

For the past several years, SMFD has utilized Turnouts manufactured by LION because LION Turnouts meet the Department’s performance and safety requirements and are NFPA 1971-compliant. LION Turnout gear systems directly support firefighter heatstress management, mobility, visibility, and durability during structural firefighting operations. In order to ensure compatibility with existing department gear and avoid additional gear costs associated with switching to a non-compatible vendor, SMFD is utilizing NPPGov, which is a national cooperative procurement organization, to procure LION turnout gear.

The League of Oregon Cities, in partnership with NPPGov, issued RFP #2555 for firefighting equipment, self-contained breathing apparatus, and protective gear. LION

4.G
Packet Pg. 365
3 of 4
First Responders PPE ranked #4 overall and was tied for #2 with other vendors for pricing. LION was awarded a contract with NPPGov, but because Allstar Fire Equipment is the exclusive distributor of LION in the State of California, staff recommends a purchase order be awarded to Allstar for LION equipment. The LION turnouts best meet the City’s required operational needs and ensure compatibility with existing department gear.

Staff recommends an agreement with LION with an initial term of four (4) years and eight (8) months to align with Allstar’s agreement with NPPGov. Staff also recommends that this initial term not exceed amount $801,846.

Vendor Selection
Exception to Competitive Bidding
Staff recommends Allstar Fire Equipment, Inc. to furnish and delivery LION turnout gear as an exception to competitive bidding per the Procurement Manager approved ECB #427, in accordance with the City’s Procurement Policy.
c. competitive procedures were followed by a governmental agency, federal, state, county, city, joint powers agency, special district, or cooperative purchasing agency and the goods or services are supplied to the City at the same or better price.

Environmental Review
The issuance of the purchase order is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which states that CEQA does not apply “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The purchase order would provide for PPE supplies and would not result in physical effects. Therefore, it can be seen with certainty that the purchase order would not result in adverse physical impacts on the environment, and as such, is exempt from CEQA.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund to award a purchase order to Allstar Fire Equipment, Inc. for the purchase of Turnouts. While there is no financial impact or budget action necessary as a result of the recommended action in FY 2025-26, this purchase order request will apply to purchases beginning in FY 2026-

4.G
Packet Pg. 366
4 of 4

27. Funds have been included in the FY 2026-27 Budget Plan which was approved by Council in the FY 2025-27 Adopted Biennial Budget.

Purchase Order Request
FY 2026-27
Request Amount
Future Years
Amount Department Account # Total Purchase Order Amount $186,038 $615,808 01190002.527530 $801,846
Future year funding is contingent on Council budget approval.

Prepared By: Jonathan Tang, Principal Administrative Analyst Approved Forwarded to Council
Attachments:

A. Allstar Living Wage 5-19-26
B. Allstar Oaks Initiative 5-19-26
C. Allstar Levine Act 5-26-26

4.G
Packet Pg. 367

CITY OF SANTA MONICA

LIVING WAGE ORDINANCE
Certification for Providers of Services to the City of Santa Monica (Fiscal Year 25/26 – September 8, 2025 through June 30, 2026)

TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200
The City of Santa Monica Municipal Code Chapter 4.65, Living Wage Ordinance (LWO), establishes a Minimum Wage of $22.50 per hour for certain employees of contractors providing services to the City where services exceed $54,200 or more and requires that contractors also provide the same health care and other benefits to employees’ same sex spouses and domestic partners as are provided to other employees’ spouses.

An employee covered by the LWO is any person who does not actually work as a manager, supervisor, or confidential employee, and who is not required to possess an occupational license.

The Living Wage Ordinance applies the services sought pursuant to this bid and bidders are required to prepare and return the Living Wage Certification Form. If the bidder is selected, the bidder must maintain payroll records that include, at minimum, the full name of each employee providing services under the contract, job classification and rate of pay. Bids that fail to include Certification Forms may be considered non-responsive and excluded from further consideration.

Please prepare the following certification if you are a contractor engaging in a contract for services with the City of Santa Monica in excess of $54,200.

Your signature on this certification grants the City permission to review any and all payroll books and records and any company documents pertaining to the benefits offered to employees to assure your compliance with the LWO during the term of the contract.

Please direct any questions to:

City of Santa Monica Finance Department
Attention: Living Wage Compliance Section
1685 Main Street, Mail Stop 09
Santa Monica, CA 90401
You can also contact staff regarding living wage ordinance questions by e-mail at [email protected] or by phone 310-458-8281.

4.G.a
Packet Pg. 368 Attachment: Allstar Living Wage 5-19-26 (7731 : Award PO to Allstar for Turnouts)

CITY OF SANTA MONICA

LIVING WAGE ORDINANCE CERTIFICATION
September 8, 2025 through June 30, 2026

TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200
MINIMUM WAGE - $22.50 per hour
Please read, complete, and sign the following:

THIS CONTRACT IS SUBJECT TO THE LIVING WAGE ORDINANCE ☐ THIS CONTRACT IS NOT SUBJECT TO THE LIVING WAGE ORDINANCE ☐ If this contract is not subject to the Living Wage Ordinance requirements, please note the reason below and attach supporting documentation for exemption. For example, in order to be exempt pursuant to a collective bargaining agreement, a signed collective bargaining agreement must be attached. (a) contractor is a government agency and is exempt
(b) contractor is a City grantee and is exempt
(c) contractor is a non-profit corporation and is exempt (d) contractor is an employer whose employees are covered by a bona fide collective bargaining agreement where the waiver is explicitly set forth in an agreement in clear and unambiguous terms
(e) contractor is a corporation providing banking services The undersigned, on behalf of himself or herself individually and on behalf of his or her business or organization, hereby certifies that he or she is fully aware of Santa Monica’s Living Wage Ordinance (LWO), and the applicability of the LWO, and the applicability of the subject contract, as determined herein. The undersigned further agrees to be bound by all terms of the LWO, as mandated in all sections of Santa Monica Municipal Code, Chapter 4.65. If, at any time during the term of the contract, the answers to the questions posed herein change so that Contractor would be subject to the LWO, Contractor will promptly notify the Director of Finance in writing. Contractor further understands and agrees that the failure to comply with the LWO, this certification, or the terms of the Contract as it applies to the LWO, shall constitute a default of the Contract, which shall be grounds for termination. City shall have the right to examine all books and records of the Contractor as they relate to compliance with the LWO.

Payroll records shall at a minimum include the full name of each employee performing labor or providing services under the contract, job classification, and rate of pay.

These statements are made under penalty of perjury under the laws of the State of California.

Printed Name: Title:

Signature: Date:

Contractor: Bid Number (if applicable):

Service Description:

4.G.a
Packet Pg. 369 Attachment: Allstar Living Wage 5-19-26 (7731 : Award PO to Allstar for Turnouts)

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.

This information is required by City Charter Article XXII—Taxpayer Protection.

It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after theofficial votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of SantaMonica.

Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12- month period.

In order to facilitate compliance with the requirements of the Oaks Initiative, theCity compiles and maintains certain information. That information includes the name of any personorpersons whois seeking a “publicbenefit.” If the“public benefit” is sought by an entity, ratherthan an individual person, the information includes the nameof everyperson who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.

4.G.b
Packet Pg. 370 Attachment: Allstar Oaks Initiative 5-19-26 (7731 : Award PO to Allstar for Turnouts)

CITY OF SANTA MONICA

OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.

Public benefits include:

1. Personal services contracts in excess of $25,000 over any 12-monthperiod;

2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;

3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;

4. Non-competitive franchise awards with gross revenue of $50,000 or more inany 12-month period;

5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;

6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or

7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.

Name(s) of persons or entities receiving public benefit:

Name(s) of trustees, directors, partners, and officers:

Name(s) of persons with more than a 10% equity, participation, or revenue interest:

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #

4.G.b
Packet Pg. 371 Attachment: Allstar Oaks Initiative 5-19-26 (7731 : Award PO to Allstar for Turnouts) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards/
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

4.G.c
Packet Pg. 372 Attachment: Allstar Levine Act 5-26-26 (7731 : Award PO to Allstar for Turnouts) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIATHAT THE FOREGOING IS TRUEAND CORRECT.

Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request.

4.G.c
Packet Pg. 373 Attachment: Allstar Levine Act 5-26-26 (7731 : Award PO to Allstar for Turnouts) SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $500 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.

State law requires a party to a proceeding to disclose any contributions exceeding an aggregate $500 that the party and their agents have made to an officer of the City within the preceding 12 months. The Disclosure Form is intended to assist City officials with recognizing when they have an obligation to disclose and recuse themselves, and to aid parties with their disclosure obligations.

1. To what sort of proceedings is the disclosure form applicable? The Levine Act applies to all discretionary entitlements and contracts, with the exception of labor contracts, personal employment contracts, and contracts that must be awarded to the lowest responsive/responsible bidder. It does not apply to ministerial approvals.

For instance, the Levine Act applies to the following:
• Building and development permits
• Conditional use permits
• Contracts generally (unless an exception applies):
o Real property contracts for purchase, sale, lease
o Contract amendments
o Settlement agreements
o Contracts for goods, services, professional services that are not awarded pursuant to a competitive process
• Public street abandonments
• Private development plans
• Professional license revocations
• Rezoning of specific real estate parcels
• Event permits
• Rulemaking procedures affecting a particular industry where only a small number of businesses are affected
• Special district formation proceedings involving the creation of a special use or benefit to the person in the district
• Tentative subdivision and parcel maps

4.G.c
Packet Pg. 374 Attachment: Allstar Levine Act 5-26-26 (7731 : Award PO to Allstar for Turnouts)

Page 2 ends

Santa Monica City CouncilJune 23, 2026

Santa Monica City Council
June 23, 2026