No preview available
HomeMy WebLinkAbout97-25 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 97-25 File Number: 2025-458 BOX GANG MANUFACTURING, LLC. / WASTEQUIP, LLC. / TOTER, LLC. / REHRIG, CO. (PURCHASE AGREEMENTS): A RESOLUTION TO AUTHORIZE THE PURCHASE OF RECYCLING AND TRASH COLLECTION EQUIPMENT AND SERVICES FROM VARIOUS VENDORS WITHIN THE APPROVED BUDGET, PURSUANT TO SOURCEWELL COOPERATIVE PURCHASING CONTRACTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of equipment including, but not limited to, carts, dumpsters, containers, and compactors and related services from Box Gang Manufacturing, LLC, within the approved budget through June 2, 2025 and any future renewal periods, pursuant to Sourcewell cooperative purchasing contract number 040621-BXG. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of equipment including, but not limited to, carts, dumpsters, containers, and compactors and related services from Wastequip, LLC, within the approved budget through June 2, 2025 and any future renewal periods, pursuant to Sourcewell cooperative purchasing contract number 040621-WQI. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of equipment including, but not limited to, carts, dumpsters, containers, and compactors and related services from Toter, LLC, within the approved budget through May 28, 2026 and any future renewal periods, pursuant to Sourcewell cooperative purchasing contract number 041521-TOT. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of equipment including, but not limited to, recycling bins and containers and related services from Rehrig Pacific Company within the approved budget through May 28, 2025 and any future renewal periods, pursuant to Sourcewell cooperative purchasing contract number 041521-REH. Page 1 Resolution: 97-25 File Number: 2025-458 PASSED and APPROVED on April 15, 2025 Approved: N(ib -�O� Molly Rawn, Mayor Attest: :vaverrceu,�, 3 9 Kara Paxton, City Clerk Treasurer Page 2 CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 15, 2025 CITY COUNCIL MEMO 2025-458 TO: Mayor Rawn and City Council THRU: Peter Nierengarten, Environmental Director FROM: Daryl Brigman, Financial Analyst - RTC SUBJECT: BOX GANG MANUFACTURING LLC, WASTEQUIP LLC, TOTER LLC, REHRIG (PURCHASE AGREEMENT): RECOMMENDATION: Staff recommends authorizing purchases from Sourcewell Box Gang Manufacturing LLC Sourcewell Contract number 040621-BXG for the purchase of carts, dumpsters, containers and compactors; Wastequip LLC Sourcewell Contract number 040621-WQI, Toter LLC Sourcewell Contract number 041521-TOT for the purchase of carts, dumpsters, containers and compactors; and Rehrig Pacific Company Contract number 041521-REH for the purchase of recycling bins and containers through the contract expiration plus any additional future renewals. BACKGROUND: The City of Fayetteville purchases 2, 4, 6, and 8 Cubic Yard Containers from Box Gang Manufacturing LLC for use with the City's collection program. The size and dimensions of the containers have remained the same over time to allow for better collection efficiencies on route and interchanging of containers when replacement containers are needed by the residents or businesses. The City of Fayetteville purchases carts and containers from Toter LLC, a wholly -owned subsidiary of Wastequip LLC, for use with the City's collection program. The sizes and dimensions of the carts and containers have remained the same since the inception of the Pay -As -You -Throw program to allow for better collection efficiencies on route and interchanging of carts and containers when replacement carts and containers are needed. The City of Fayetteville purchases recycling bins and lids from Rehrig Pacific for use in the City's collection program. The size and dimensions of the bins have remained the same over time to allow for better collection efficiencies on route and interchanging of recycling containers when replacement containers are needed by the residents or businesses. DISCUSSION: The contract attached with this request is between Sourcewell and Box Gang Manufacturing LLC; Wastequip LLC; Toter LLC; and Rehrig. Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A. 21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/ province, and municipal governmental entities, higher education, K- 12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 public solicitation for Plastic Refuse and Recycling Containers with Related Technology Solutions from which Toter, LLC was awarded a contract. According to the terms of the contract, Box Gang Manufacturing LLC, Wastequip LLC, Toter LLC, and Rehrig offers Sourcewell participating agencies the following discounts: 1. Pricing for Box Gang Manufacturing LLC contract #040621-BXG offers Sourcewell participating agencies 5% to 20% discount off list price based on the category type. 2. Pricing for Wastequip LLC contract #040621-WQI offers Sourcewell participating agencies the following discounts: ■ Wastequip® Steel Container Products: Special Market Pricing ■ Wastequip® Compaction Products: 5% to 20% off Catalog List Pricing ■ Confab® Steel Container Products: Special Market Pricing ■ Galbreath® Mobile Products: 5% to 20% off Catalog List Pricing ■ Amrep® Mobile Products: Special Market Pricing 3. Pricing for Toter LLC contract 041521-TOT offers Sourcewell participating agencies the following discounts: ■ Toter residential does not have set list pricing, therefore we are offering a line -item ceiling pricing model that is comparable to other cooperative contracts ■ Toter Pro — 30% off list price 4. Pricing for Rehrig Pacific Company contract #041521-REH offers Sourcewell participating agencies the following discounts: ■ Rehrig's pricing is volume -tiered based on ceiling pricing that leaves the opportunity to receive more competitive pricing on larger strategic opportunities Term 1. The Box Gang Manufacturing contract (040621-BXG) expires June 2, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. 2. The Wastequip contract (040621-WQI) expires June 2, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. 3. The Toter contract (041521-TOT) expires May 28, 2026, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. 4. The Rehrig Pacific Company contract (041521-REH) expires May 28, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. BUDGET/STAFF IMPACT: The purchase of the 6 yards and 8 yards frontload containers will be $40,510.77 and has been budgeted Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 in 5500.750.5010-5227. No additional funds are requested. ATTACHMENTS: SRF (#3) , Box Gang Estimate 11146 (#4), Sourcewell and Pricing 1. Box Gang Contract 040621 (#5), Sourcewell and Pricing 2. Wastequip Contract 040621 (#6), Sourcewell and Pricing 3. Toter Contract 041521 (#7), Sourcewell and Pricing 4. Rehrig Pacific Contract 041521 (#8) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2025-458 BOX GANG MANUFACTURING LLC, WASTEQUIP LLC, TOTER LLC, REHRIG (PURCHASE AGREEMENT): A RESOLUTION TO AUTHORIZE THE PURCHASE OF RECYCLING AND TRASH COLLECTION EQUIPMENT AND SERVICES FROM VARIOUS VENDORS WITHIN THE APPROVED BUDGET, PURSUANT TO SOURCEWELL COOPERATIVE PURCHASING CONTRACTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of equipment including, but not limited to, carts, dumpsters, containers, and compactors and related services from Box Gang Manufacturing, LLC, within the approved budget through June 2, 2025 and any future renewal periods, pursuant to Sourcewell cooperative purchasing contract number 040621-BXG. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of equipment including, but not limited to, carts, dumpsters, containers, and compactors and related services from Wastequip, LLC, within the approved budget through June 2, 2025 and any future renewal periods, pursuant to Sourcewell cooperative purchasing contract number 040621-WQI. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of equipment including, but not limited to, carts, dumpsters, containers, and compactors and related services from Toter, LLC, within the approved budget through May 28, 2026 and any future renewal periods, pursuant to Sourcewell cooperative purchasing contract number 041521-TOT. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of equipment including, but not limited to, recycling bins and containers and related services from Rehrig Pacific Company within the approved budget through May 28, 2025 and any future renewal periods, pursuant to Sourcewell cooperative purchasing contract number 041521-REH. Page 1 Daryl Brigman Submitted By City of Fayetteville Staff Review Form 2025-458 Item ID 3/15/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/27/2025 RECYCLING/TRASH COLLECTION (750) Submitted Date Division / Department Action Recommendation: Authorization to purchase from Box Gang Manufacturing LLC, Wastequip LLC (Toter), and Rehrig, for the purchase of trash and recycling carts, Roll -Off Containers, Dumpsters, Compactors and related products and services through April 30, 2030 plus any additional future renewals. 5500.750.5010-5227.00 Account Number Project Number Budgeted Item? Yes Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Does item have a direct cost? Yes Item Cost Is a Budget Adjustment attached? No Budget Adjustment Remaining Budget Containers RTC Fund Project Title $ 181,000.00 $ 15,143.90 $ 165,856.10 $ 40,510.77 125,345.33 V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: Box Gang Manufacturing LLC 16736 E Hardy Houston, TX 77032 US +17137425555 info@boxgangmfg.com www.boxgangmfg.com Estimate ADDRESS Glenda Reynolds - Eden City of Fayetteville 1560 S Happy Hollow Rd Fayetteville, AR 72701 Sourcewell Member Account# 34143 SALESPERSON RM DESCRIPTION SHIP TO City of Fayetteville 1560 S Happy Hollow Rd Fayetteville, AR 72701 Attn: Brandon Bekemeier Assistant Operations Manager, Recycle & Trash C: (479) 601-4717 0: (479) 444-3487 FL-6-NESTABLE Nestable 6 Yard Frontload Slant - 10 gauge floor, 12 gauge sides, 5 foot floor supports, plastic lids, hinged back plate, primed & painted Fayetteville Red SOURCEWELL ITEM SN: Purchased off of Sourcewell Contract# 040621-BXG Sourcewell Member Account# 34143 Due to the volatility of steel, prices must be confirmed at the time of order. Freight is one truckload with 53' Step Deck and estimated at $2200/load. Shipping is best rate at time of delivery. Containers are subject to being scratched and dented during transportation. Touch up paint to be provided with containers at time of shipping. SUBTOTAL TAX SHIPPING TOTAL Box GAINN G MANUFA[TURIN6 ESTIMATE # 11145 DATE 02/21 /2025 EXPIRATION DATE 03/04/2025 Ty RATE AMOUNT 20 965.00 19,300.00T Accepted By Accepted Date 19,300.00 1,666.25 2,200.00 $23,166.25 Box Gang Manufacturing LLC 16736 E Hardy Houston, TX 77032 US +17137425555 info@boxgangmfg.com www.boxgangmfg.com Estimate ADDRESS Glenda Reynolds - Eden City of Fayetteville 1560 S Happy Hollow Rd Fayetteville, AR 72701 Sourcewell Member Account# 34143 SALESPERSON RM SHIP TO City of Fayetteville 1560 S Happy Hollow Rd Fayetteville, AR 72701 Attn: Brandon Bekemeier Assistant Operations Manager, Recycle & Trash C: (479) 601-4717 0: (479) 444-3487 Sox AN MANUFA[TURIN6 ESTIMATE # 11146 DATE 02/21 /2025 EXPIRATION DATE 03/04/2025 DESCRIPTION nTV RATE AMOUNT FL-8 13 1,069.00 13,897.00T Nestable 8 Yard Frontload Slant - 10 gauge floor, 12 gauge sides, 5 foot floor supports, plastic lids, hinged back plate, primed & painted Fayetteville Red SOURCEWELL ITEM SN: Purchased off of Sourcewell Contract# 040621-BXG SUBTOTAL 13,897.00 Sourcewell Member Account# 34143 TAX 1,247.52 SHIPPING 2,200.00 Due to the volatility of steel, prices must be confirmed at the time of TOTAL $17r 344.52 order. Freight is one truckload with 53' Step Deck and estimated at $2200/load. Shipping is best rate at time of delivery. Containers are subject to being scratched and dented during transportation. Touch up paint to be provided with containers at time of shipping. Accepted By Accepted Date Sou rcewel I R-0 Box Gang Manufacturing #040621-BXG Pricing for contract #040621-BXG offers Sourcewell participating agencies 5% to 20% discount off list price based on the category type. DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE 040621-BXG Sourcewell q4' Solicitation Number: RFP #040621 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Box Gang Manufacturing LLC, 16736 E. Hardy Road, Houston, TX 77032 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Bulk Solid Waste and Recycling Equipment from which Vendor was awarded a contract. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires June 2, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. Rev. 10/2020 1 DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE 040621-BXG All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the Vendor's warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor's authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time -to -time and is incorporated into this Contract by reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable Rev. 10/2020 DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE 040621-BXG time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax - exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At anytime during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing Rev. 10/2020 DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE 040621-BXG restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor's employees maybe required to perform work at government - owned facilities, including schools. Vendor's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. Rev. 10/2020 DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE 040621-BXG Vendor's acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry -specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. Rev. 10/2020 DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE 040621-BXG B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: • Customer Name (e.g., City of Staples Highway Department); • Customer Physical Street Address; • Customer City; • Customer State/Province; • Customer Zip Code; • Customer Contact Name; • Customer Contact Email Address; • Customer Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Rev. 10/2020 6 DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE 040621-BXG Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their Rev. 10/2020 DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE 040621-BXG respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master -servant, or principal -agent. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. 12. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT /_A1►1r1INxi1rRL111111a091all 2 WA 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Vendor a royalty -free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Vendor. b. Vendor grants to Sourcewell a royalty -free, worldwide, non-exclusive right and license to use Vendor's Trademarks in advertising and promotional materials for the purpose of marketing Vendor's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. Rev. 10/2020 DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE 040621-BXG a. Sourcewell must not alter Vendor's Trademarks from the form provided by Vendor and must comply with Vendor's removal requests as to specific uses of its trademarks or logos. b. Vendor must not alter Sourcewell's Trademarks from the form provided by Sourcewell and must comply with Sourcewell's removal requests as to specific uses of its trademarks or logos. c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's Trademarks only in good faith and in a dignified manner consistent with such party's use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 14. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. Rev. 10/2020 DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE 040621-BXG 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non -defaulting party may: Rev. 10/2020 10 DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE 040621-BXG • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products -completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products -Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non -owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit Rev. 10/2020 11 DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE 040621-BXG 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers' Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data — including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Milli T1 u.0 u $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other Rev. 10/2020 12 DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE 040621-BXG insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self -insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self -insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all Rev. 10/2020 13 DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE 040621-BXG references to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Vendor's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis -Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of Rev. 10/2020 14 DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE 040621-BXG not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any Rev. 10/2020 15 DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE 040621-BXG 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. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Rev. 10/2020 16 DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE 040621-BXG 22. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell DocuSigned by, E %Wayf,� By: COFD2A139D06489... Jeremy Schwartz Title: Chief Procurement Officer Date: 5/26/2021 1 11:42 AM CDT Approved: E DoccuSigneedby,y By: 7E42B8F817A64CC... Chad Coauette Title: Executive Director/CEO 5/26/2021 1 7:52 PM CDT Date: Box Gang Manufacturing LLC EvDoccuSigned by: 6903DACD95B147B aa' tl 11la—e.ro 1B\ ... Rafael Marrero Title: President Date: 5/26/2021 1 10:16 AM PDT Rev. 10/2020 17 DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE RFP 040621 - Bulk Solid Waste and Recycling Equipment Vendor Details Company Name: Box Gang Manufacturing LLC Does your company conduct business under any other name? If TX yes, please state: 16736 E HARDY RD Address: Houston, Texas 77032 Contact: Rafael Marrero Email: rafael@boxgangmfg.com Phone: 713-742-5555 Fax: 713-742-5555 HST#: 47-5269235 Submission Details Created On: Wednesday March 10, 2021 08:58:42 Submitted On: Tuesday April 06, 2021 14:33:36 Submitted By: Rafael Marrero Email: rafael@boxgangmfg.com Transaction #: 6bd8b309-76fd-412d-aa11-fdb339fc8a22 Submitter's IP Address: 50.239.243.54 Bid Number: RFP 040621 Vendor Name: Box Gang Manufacturing LLC DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE Specifications Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/K if the question does not apply to you (preferably with an explanation). Line Item Question Response" 1 Proposer Legal Name (and Box Gang Manufacturing LLC applicable d/b/a, if any): 2 Proposer Address: 16736 E Hardy Rd Houston TX 77032 3 Proposer website address: boxgangmfg.com 4 Proposer's Authorized Rafael Marrero, President Representative (name, title, 16736 E Hardy Rd address, email address & phone) Houston TX 77032 (The representative must have rafael@boxgangmfg.com authority to sign the "Proposer's Assurance of Compliance" on behalf of the Proposer and, in the event of award, will be expected to execute the resulting contract): 5 Proposer's primary contact for this Rafael Marrero, President proposal (name, title, address, 16736 E Hardy Rd email address & phone): Houston TX 77032 rafael@boxgangmfg.com 6 Proposer's other contacts for this Susan Marrero, VP proposal, if any (name, title, 16736 E Hardy Rd address, email address & phone): Houston TX 77032 susan@boxgangmfg.com Bid Number: RFP 040621 Vendor Name: Box Gang Manufacturing LLC DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE Table 2: Company Information and Financial Strength Line Item Question Response" 7 Provide a brief history of your company, Box Gang Manufacturing LLC is a minority, veteran owned business that was including your company's core values, founded in Houston TX in 2015. Its founders, with over 55 years of experience in business philosophy, and industry longevity the solid waste and recycling industry, saw a need for a reliable, quality and related to the requested equipment, products customer centric container manufacturing facility in the fourth largest city in the or services. United States. The philosophy of "getting it done right" has enabled Box Gang Manufacturing to become a leader in the container manufacturing business and a proven source of container supply for not only the commercial sector but for the public sector as well. Our customers include leading national waste hauling companies as well as federal and local governments. The Company produces roll -off hoists, open -top containers, compactors and specialty containers for a diversified base of end users in the waste, recycling, scrap and construction industries 8 What are your company's expectations in the Our company expects to provide the quality service we are known for to all event of an award? Sourcewell members in the US and Canada. 9 Demonstrate your financial strength and Box Gang Manufacturing and its strategic alliance have over 120 years of combined stability with meaningful data. This could experience in the industry with a combined annual revenue exceeding $100 million. include such items as financial statements, The alliance is formed in the same mold as Sourcewell but on the supplier side. SEC filings, credit and bond ratings, letters We are working together as an alliance to bring our respective businesses of credit, and detailed reference letters. advantages like faster growth and access to additional knowledge and resources. Upload supporting documents (as applicable) As an alliance, we have agreed to share resources for this contract to create a in the document upload section of your competitive advantage. response. 10 What is your US market share for the Our combined Market share is over 20% for containers ( rolloffs and frontloads) solutions that you are proposing? 21% in Cable/Hook hoists 15% Compactors 26% Compactor Odor control Solution 35% dewatering equipment ( used to transport solid waste after processing in wastewater treatment plant) 11 What is your Canadian market share for the 10% Containers solutions that you are proposing? 12 Has your business ever petitioned for NO bankruptcy protection? If so, explain in detail. 13 How is your organization best described: is Box Gang Manufacturing is a manufacturer and has entered into an alliance it a manufacturer, a distributor/dealer/reseller, agreement with other regional container manufacturers to provide the products and or a service provider? Answer whichever services in this RFP. Our network spans the US and Canada in locations in question (either a) or b) just below) best California, Arizona, Texas, Indiana, Massachusetts, Florida. Louisiana and applies to your organization. Washington. Our Alliance is comprised of: Galfab, Iron Container, Glacier Ozone, a) If your company is best described as Spectrum Water, McLaughlin Group, International Containers, and Box Gag a distributor/dealer/reseller (or similar entity), Manufacturing. provide your written authorization to act as a Box Gang Manufacturing is also the exclusive US dealer for all Grimaldi hoists and distributor/dealer/reseller for the manufacturer equipment. Grimaldi is the largest hook hoist manufacturer in South America having of the products proposed in this RFP. If 70% of the market. Grimaldi is a 55 year old company that has over $300MM in applicable, is your dealer network annual revenue. Grimaldi's hoists and parts are supported by our dealer network independent or company owned? See attached map) and has national reach. Grimalid's website ; b) If your company is best described as http://www.grimaldi.com.br/ a manufacturer or service provider, describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? 14 If applicable, provide a detailed explanation We have obtained all local and state business licenses. I addition we have local, outlining the licenses and certifications that state and federal environmental permits to operate paint booths and in some are both required to be held, and actually locations sandblasting equipment held, by your organization (including third parties and subcontractors that you use) in pursuit of the business contemplated by this RFP. 15 Provide all "Suspension or Debarment" N/A information that has applied to your organization during the past ten years. Bid Number: RFP 040621 Vendor Name: Box Gang Manufacturing LLC DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE Table 3: Industry Recognition & Marketplace Success Line Item Question Response* 16 Describe any relevant industry awards or Houston Business Journal Fast 100 Companies 2019 recognition that your company has received Houston Business Journal Top 10 Hispanic owned firms 2019 in the past five years Houston Business Journal Top Veteran Owned Firm 2019 Houston Minority Business Council E10 Award 2018 US Dept Of Commerce Top Minority Manufacturer 2018 17 What percentage of your sales are to the 10-15% governmental sector in the past three years 18 What percentage of your sales are to the 5% education sector in the past three years 19 List any state, provincial, or cooperative HGAC $1000000 purchasing contracts that you hold. What is Texas Buy Board $500000 the annual sales volume for each of these contracts over the past three years? 20 List any GSA contracts or Standing Offers GSA Contract number 47QSWA20DOOOW Awarded Nov 2019 and Supply Arrangements (SOSA) that you Annual sales $350000 hold. What is the annual sales volume for each of these contracts over the past three years? Table 4: References/Testimonials Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name * Contact Name * Phone Number* City of Orlando Kevin Hoolihan 407-246-2796 City of Lakeland Gene Ginn 863-834-8777 Chambers County Eddie Gallaway 409-267-8204 Table 5: Top Five Government or Education Customers Line Item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Entity Name Entity Type * State / * Scope of Work * Size of Transactions * Dollar Volume Past Three Province Years Department Of Government Texas - TX Containers - Rolloffs and Front $100K $2000000 Defense Loads Federal Prison Government Texas -TX Compactors $50K $1,500,000 Bureau Dept of Government Texas - TX Compactors $25K $300000 Veterans Affairs Ft Bend Government Texas - TX Compactors/ Service $10K $25000 County Sherriffs Office City of Education Florida - FL Containers - Rolloffs and Front $40000 $250000 Orlando FL Loads Bid Number: RFP 040621 Vendor Name: Box Gang Manufacturing LLC DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE Table 6: Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Item Question Response* 23 Sales force. All alliance members will have a dedicated alliance sales manager to cover their territory. In some cases, due to geographic and demographics more than one sales manager will be dedicated ensuring proper coverage and responsiveness. All sales manager will report contacts and potential new member leads to the Alliance coordinator. All sales personnel are direct employees. We will have a combined 26- 28 sales representatives. In addiiton to the internal company's sales force we have a network of dealer and sales representatives across the nation ( see attached map) 24 Dealer network or other distribution Our products have various dealers based on product type. See attached maps for methods. dealer network for compactors, deatering equipment and hoists. For containers, our territories are divided based on providing the product at the right time for the right price. Please see the attached map of locations 25 Service force. We have a robust service force that has national reach. Our combined workforce of over 600 full time workers ensure we meet and exceed both quality and responsiveness to our customers. Our full time employees are augmented by our service network of 6 independent service providers. Please see the attached map of service locations and coverage 26 Describe in detail the process and There will be 2 dedicated personnel tracking any new orders. Orders will be turned procedure of your customer service around within the same day with estimated production lead times. Service calls will program, if applicable. Include your also be turned around on the same day with an estimated repair day. All personnel response -time capabilities and handling the customer service calls and performing the work whether at our locations commitments, as well as any incentives or at the customer's location will be under supervision of a direct employee. that help your providers meet your stated service goals or promises. 27 Describe your ability and willingness to We intend to service all Sourcewell covered geographic areas and member sectors provide your products and services to Sourcewell participating entities in the United States. 28 Describe your ability and willingness to We intend to service all Sourcewell covered geographic areas and member sectors provide your products and services to Sourcewell participating entities in Canada. 29 Identify any geographic areas of the United N/A States or Canada that you will NOT be fully serving through the proposed contract. 30 Identify any Sourcewell participating entity N/A sectors (i.e., government, education, not -for - profit) that you will NOT be fully serving through the proposed contract. Explain in detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 31 Define any specific contract requirements No specific contract requiremt or restriction exists or restrictions that would apply to our participating entities in Hawaii and Alaska and in US Territories. Bid Number: RFP 040621 Vendor Name: Box Gang Manufacturing LLC DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE Table 7: Marketing Plan Line Item Question Response* 32 Describe your marketing strategy for Our Alliance manager will send an initial email and information on the award followed by promoting this contract opportunity. a sales call explaining the sales process of this ward and the expectation on sales and Upload representative samples of your marketing calls. Monthly, we will have a centralized infoblast that will discuss services marketing materials (if applicable) in equipment and potential opportunities to our sales force. A monthly sales call will go over the document upload section of your sales goals and metrics to make sure our sales force is not only taking care of current response. members but is also explaining the virtues of the program to potential members. 33 Describe your use of technology and We have social media accounts in Facebook , Instagram, Twitter and Linkedin which digital data (e.g., social media, depicts our products and services. We are willing to tag Sourcewell and advertise the metadata usage) to enhance contract award and its benefits to current and prospective members. Our service offering marketing effectiveness. will be highlighted via social media as well. 34 In your view, what is Sourcewell's role Our view is that we are responsible for the promotion and dissemination of the contract in promoting contracts arising out of award. We expect Sourcewwell to post the award on their board and send an initial this RFP? How will you integrate a email to its members. After that we would take over the sales marketing and execution Sourcewell-awarded contract into your of the contract sales process? 35 Are your products or services No available through an e-procurement ordering process? If so, describe your e-procurement system and how governmental and educational customers have used it. Bid Number: RFP 040621 Vendor Name: Box Gang Manufacturing LLC DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE Table 8: Value -Added Attributes Line Item Question Response* 36 Describe any product, equipment, We offer compactor training at our sites or at the Sourcewell Members location. We will maintenance, or operator training also offer compactor repair training at our facility. Training will be provided to any programs that you offer to Sourcewell member at no cost. Our technicians which are trained in compactor repair and Sourcewell participating entities. maintenance will train member personnel upon request. Include details, such as whether training is standard or optional, We also stand ready to provide training of the safe use and operation of both cable and who provides training, and any hook hoists at no cost to Sourcewell members. costs that apply. 37 Describe any technological Our containers are manufacture with the latest technological advances and exceed ANSI advances that your proposed standards. products or services offer. Our above frame hoist designed, but not limited to CNG chassis, features outboard mounted lift cylinders and a vertical lift assist cylinder. It is designed to operate with low pressure, which will increase its life and reduce maintenance costs. Auxiliary fold down stops used for short containers. This can allow for better weight distribution for the chassis. More than one set can be used for containers of varying lengths. 38 Describe any "green" initiatives We recycle our scrap metal. We also have instituted a waste recycling program at the plant that relate to your company or to your products or services, and include a list of the certifying agency for each. 39 Identify any third -party issued eco- N/A labels, ratings or certifications that your company has received for the equipment or products included in your Proposal related to energy efficiency or conservation, life -cycle design (cradle -to -cradle), or other green/sustainability factors. 40 Describe any Women or Minority Minority Owned business - HMSDC Business Entity (WMBE), Small SDVOB- US Dept of Veterans Affairs Business Entity (SBE), or veteran Texas HUB - State of Texas owned business certifications that your company or hub partners have obtained. Upload documentation of certification (as applicable) in the document upload section of your response. 41 What unique attributes does your We are alliance of 7 container, compactor and hoist manufacturers whose sole purpose is company, your products, or your to exceed our customer expectations. Individually we cannot compete because our services offer to Sourcewell geographical locations but together we can provide a national solution for Sourcewell participating entities? What makes members. Our combine experience and geographical reach makes us the best choice. your proposed solutions unique in your industry as it applies to Sourcewell participating entities? Table 9: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. m LiQuestion Response* Ite Bid Number: RFP 040621 Vendor Name: Box Gang Manufacturing LLC DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE 42 Do your warranties cover all products, parts, and Box Gang Manufacturing warrants only product of its manufacture against labor? operational failure caused by defective material or workmanship which occurs during normal use within 12 months from the date the product is shipped from the factory. Box Gang Manufacturing will replace all parts of our manufacture free of charge that prove to be defective after inspection at our factory. Before any repairs are made permission must be obtained by Box Gang Manufacturing Warranty for replacement parts is limited to the remaining portion of the original warranty, or are warranted for 30 days from the date of shipment This limited warranty is expressly in lieu of all other warranties, expressed or implied, and of all other obligations or liabilities on the part of Box Gang Manufacturing. It neither assures nor authorizes any other person to assure to it any other liability in connection with the sale herein contemplated. Box Gang Manufacturing does not assume any liability for loss of product, time, income, or any other consequential damages including environmental. 43 Do your warranties impose usage restrictions or Box Gang Manufacturing makes no warranty on any of its equipment used in other limitations that adversely affect coverage? any way except as it was designed, intended, and sold to perform. Any misuse, damage due to accident, outside alterations or negligence voids applicable warranty. 44 Do your warranties cover the expense of No diagnostic, freight or travel cost shall be covered by this warranty. All technicians' travel time and mileage to perform labor cost allowed shall be in accordance with established rates. In case of warranty repairs? alleged defects, products shall be returned to Box Gang Manufacturing with transportation charges prepaid. 45 Are there any geographic regions of the United We have certified technicians able to perfom work nationally States or Canada (as applicable) for which you cannot provide a certified technician to perform warranty repairs? How will Sourcewell participating entities in these regions be provided service for warranty repair? 46 Will you cover warranty service for items made by All product purchased by Box Gang Manufacturing from an outside vendor other manufacturers that are part of your proposal, shall be covered by the warranty of the respective vendor only. Box Gang or are these warranties issues typically passed on Manufacturing does not participate in or obligate itself to any such product to the original equipment manufacturer? or extended warranty. 47 What are your proposed exchange and return Box Gang Manufacturing warrants only product of its manufacture against programs and policies? operational failure caused by defective material or workmanship which occurs during normal use within 12 months from the date the product is shipped from the factory. All product purchased by Box Gang Manufacturing from an outside vendor shall be covered by the warranty of the respective vendor only. Box Gang Manufacturing does not participate in or obligate itself to any such product or extended warranty. Box Gang Manufacturing will replace all parts of our manufacture free of charge that prove to be defective after inspection at our factory. Before any repairs are made permission must be obtained by Box Gang Manufacturing. Warranty for replacement parts is limited to the remaining portion of the original warranty, or are warranted for 30 days from the date of shipment. Box Gang Manufacturing makes no warranty on any of its equipment used in any way except as it was designed, intended, and sold to perform. Any misuse, damage due to accident, outside alterations or negligence voids applicable warranty. No diagnostic, freight or travel cost shall be covered by this warranty. All labor cost allowed shall be in accordance with established rates. In case of alleged defects, products shall be returned to Box Gang Manufacturing with transportation charges prepaid. This limited warranty is expressly in lieu of all other warranties, expressed or implied, and of all other obligations or liabilities on the part of Box Gang Manufacturing. It neither assures nor authorizes any other person to assure to it any other liability in connection with the sale herein contemplated. Box Gang Manufacturing does not assume any liability for loss of product, time, income, or any other consequential damages including environmental. All claims shall be processed through your authorized dealer or our factory, 48 Describe any service contract options for the We can provide service contracts for the products we offer underthis RFP. items included in your proposal. Bid Number: RFP 040621 Vendor Name: Box Gang Manufacturing LLC DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE Table 10: Payment Terms and Financing Options Line Item Question Response* 49 What are your payment terms (e.g., net 10, net 30)? Net 30 50 Describe any leasing or financing options available for use We currently work with 3 financing companies that will work with by educational or governmental entities. Sourcewell clients and provide financing or leasing options if required 51 Briefly describe your proposed order process. Include Our Alliance manager will send an initial email and information on enough detail to support your ability to report quarterly the award followed by a sales call explaining the sales process of sales to Sourcewell as described in the Contract template. this ward and the expectation on sales and marketing calls. For example, indicate whether your dealer network is Monthly, we will have a centralized infoblast that will discuss included in your response and whether each dealer (or services equipment and potential opportunities to our sales force. some other entity) will process the Sourcewell participating A monthly sales call will go over sales goals and metrics to make entities' purchase orders. sure our sales force is not only taking care of current members but is also explaining the virtues of the program to potential members. We will report sales similar to the process we use to track GSA , Texas Buy Board and HGAC sales. The orders will be tagged in the system as a Sourcewell order and tracked from rpoduction to delivery by the Alliance manager. Once the product and delivered the payment will be tracked until its received and in turn pay the administrative fee to Sourcewell 52 Do you accept the P-card procurement and payment We do accept Pcards as a form of payment, a 2.5% charge will process? If so, is there any additional cost to Sourcewell be added to a purchase order over $25000. No charge for any participating entities for using this process? order under $25000 Bid Number: RFP 040621 Vendor Name: Box Gang Manufacturing LLC DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Item Question Response* 53 Describe your pricing model (e.g., line -item discounts or Our pricing is divided by categories: Steel containers, compactors, product -category discounts). Provide detailed pricing data hoists, odor control and dewatering boxes. Sourcewell receives a (including standard or list pricing and the Sourcewell discount off List price. Due to the fluctuation and volatility of the discounted price) on all of the items that you want steel market we have added a column with a ceiling price for the Sourcewell to consider as part of your RFP response. If diferent line items. This will be the maximum dollar amount applicable, provide a SKU for each item in your proposal. charged in the contract in the event the price of steel continues to Upload your pricing materials (if applicable) in the increase document upload section of your response. 54 Quantify the pricing discount represented by the pricing The pricing discount is based on the category type and ranges proposal in this response. For example, if the pricing in from 5 to 20% off list price your response represents a percentage discount from MSRP or list, state the percentage or percentage range. 55 Describe any quantity or volume discounts or rebate N/A programs that you offer. 56 Propose a method of facilitating "sourced" products or Open market items will be sourced at cost plus a percentage. related services, which may be referred to as 'open These items will be clearly outlined in the orders and will be market' items or "nonstandard options". For example, you offered at competitive prices may supply such items "at cost' or "at cost plus a percentage," or you may supply a quote for each such request. 57 Identify any element of the total cost of acquisition that is Items not included in the pricing are freight and installation. We NOT included in the pricing submitted with your response. provide site visits and training at no cost to Sourcewell members. This includes all additional charges associated with a purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre - delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. 58 If freight, delivery, or shipping is an additional cost to the We maintain relationship with major carriers in the US and Sourcewell participating entity, describe in detail the Canada. The member will have the choice of obtaining shipping complete freight, shipping, and delivery program. on their own or having us arrange the shipping of the ordered product. If we arrange shipping a minimum of 3 quotes will be obtained. 59 Specifically describe freight, shipping, and delivery terms or We maintain relationship with major international/overseas carriers in programs available for Alaska, Hawaii, Canada, or any the US and Canada. The member will have the choice of offshore delivery. obtaining shipping on their own or having us arrange the shipping of the ordered product. If we arrange shipping a minimum of 3 quotes will be obtained. 60 Describe any unique distribution and/or delivery methods or Customers will have the option of stacking containers to save on options offered in your proposal. freight costs. Members choosing this option will receive extra touch up paint since scrapes are likely to happen using this method of shipping. Members will be responsible for the touch up of the container once delivered. Containers shipped under this option will also be shipped without the lids installed for front loads and doors for rolloffs. Customers will be responsible for lid and door installation if they chose this shipping method Table 12: Pricing Offered Item The Pricing Offered in this Proposal is: * Comments 61 c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. Bid Number: RFP 040621 Vendor Name: Box Gang Manufacturing LLC DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE Table 13: Audit and Administrative Fee Line Item Question Response* 62 Specifically describe any self -audit process or program that you Our process will be similar to the one we use for tracking plan to employ to verify compliance with your proposed Contract GSA contract sales. Once an order is placed, the order with Sourcewell. This process includes ensuring that Sourcewell will be "tagged" as a Sourcewell entity sale. Our contract participating entities obtain the proper pricing, that the Vendor administrator will verify that the correct pricing for the product reports all sales under the Contract each quarter, and that the is applied in accordance with the price list in the contract. Vendor remits the proper administrative fee to Sourcewell. On a monthly basis a report will be generated deliniating the sales to Sourcewell entities and in turn the appropriate fee will be paid to Sourcewell. This process is not only used for GSA sales but also used for sales under the HGAC and Texas Buy board contracts 63 Identify a proposed administrative fee that you will pay to Box Gang Manufacturing proposes a fee of 2% . This fee Sourcewell for facilitating, managing, and promoting the Sourcewell aligns with the other purchasing cooperative contracts we Contract in the event that you are awarded a Contract. This fee have is typically calculated as a percentage of Vendor's sales under the Contract or as a per -unit fee; it is not a line -item addition to the Member's cost of goods. (See the RFP and template Contract for additional details.) Table 14A: Depth and Breadth of Offered Equipment Products and Services Line Item Question Response* 64 Provide a detailed description of the We intend to provide the following: equipment, products, and services that you 1. Front Load Containers are offering in your proposal. 2. Rear Load Containers 3. Rolloffs ( rectangle and Tub style) 4.Dewatering Containers - These are watertight rolloffs with specialized filters used in wastewaster treatment plants. Water flows thru these containers prior to entering the system. Solids that are flushed in the sewr are trapped in the containers to prevent clogging of the plants. Once the containers are full the solid that are filtered are taken to the landfill for disposal 5. Compactors. Staionary and self contained compactors 6. Hoists. Cable and Hook 65 Within this RFP category there may be 1. Dewatering. Watertight rolloffs with specialized filters used in wastewaster subcategories of solutions. List subcategory treatment plants. Water flows thru these containers prior to entering the system. titles that best describe your products and Solids that are flushed in the sewr are trapped in the containers to prevent clogging services. of the plants. Once the containers are full the solid that are filtered are taken to the landfill for disposal 2. Odor Control . Ozone producing equipment that attche ozone molecules t othe odor producing bacteria disrupting its composition and therefore neutralizing odors Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Line Item Category or Type Offered * Comments 66 Commercial/Industrial-sized refuse and recycling r Yes Front Loads, Rear Loads, Rolloffs, containers, roll -off containers and collection bins of r No Receivers, dewatering equipment metal construction 67 Knuckleboom and grapple loaders r Yes NA r No 68 Hook and hoist dumpster loaders r Yes Galfab Cable hoists and Grimaldi r No Hook Hoist 69 Roll -off trucks and container handlers r Yes NA r No 70 Refuse and recyclable material balers and r Yes Compators only Not Balers compactors r No Bid Number: RFP 040621 Vendor Name: Box Gang Manufacturing LLC DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE Table 15: Industry Specific Questions Line Item Question Response* 71 If you are awarded a contract, provide a 1. Customer Engagement. Number of "touches" vs closed sales few examples of internal metrics that will 2. Resolution rate - When a customer has a question or complaint, our goal is to be tracked to measure whether you are close the loop and resolve the issue. having success with the contract. 3. Sales to date. Target Sourcewell members 4. Sales to date by product 72 Describe the serviceability of the products Containers - Each container manufacturing facility carries parts for all steel included in your proposal (parts availability, containers and can deliver container parts nationally. All containers come with a 1 warranty and technical support, etc.). year warranty Hoists- Parts distribution centers are located in Indiana, Texas and Arizona. In addition to those centers all hoists dealer carry parts for both hook and cable hoists to facilitate a availability to our clients. Hook hoists offer a 1 year structural warranty and cable hoist offe a 2 year tructural warranty. Compactors - Each compactor manufacturing facility carries parts for all steel containers and can deliver container parts nationally. Compactors come with a 6 month warranty Odor Control- Glacier Ozone products come with a have a 1 (one) year unconditional warranty on all parts and labor with the exception of the lamps. 73 Describe advancements reflected in the Our hoists offer the patented commmercially available hoist that provides a superior equipment or products offered in your solution for cable -hoists mounted on a compressed natural gas ("CNG") truck proposal, such as safety, longevity or life chassis. The location of CNG tanks has required hoist producers to rework their cycle cost measures. designs and Galfab believes that its CNG solution is superior to competitive offerings and will be a source of market share wins as more national fleets move towards CNG. We also offer THE HOOKER"container securement system. This Air operated container securement device used in lieu of the ratchet tie -down system. Each hook (two per side) has a hold-down capacity of 40,000 lbs. Table 16: Exceptions to Terms, Conditions, or Specifications Form Line Item 74. NOTICE: To identify any exception, or to request any modification, to the Sourcewell template Contract terms, conditions, or specifications, a Proposer must submit the exception or requested modification on the Exceptions to Terms, Conditions, or Specifications Form immediately below. The contract section, the specific text addressed by the exception or requested modification, and the proposed modification must be identified in detail. Proposer's exceptions and proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract. Contract Section I Term, Condition, or Specification I Exception or Proposed Modification Documents Ensure your submission document(s) conforms to the following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Bid Number: RFP 040621 Vendor Name: Box Gang Manufacturing LLC DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE • Financial Strength and Stability - BG FINANCIALS.pdf - Monday April 05, 2021 06:02:24 • Marketing Plan/Samples (optional) • WMBE/MBE/SBE or Related Certificates - SDVOB AND MINORITY CERTIFICATES.pdf - Monday April 05, 2021 06:06:02 • Warranty Information - WARRANTY.pdf - Tuesday April 06, 2021 13:08:41 • Pricing - PRICING.pdf - Tuesday April 06, 2021 14:31:16 • Upload Additional Document - MAPand prod uctofferi ng. pdf - Tuesday April 06, 2021 13:00:40 Bid Number: RFP 040621 Vendor Name: Box Gang Manufacturing LLC DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE Proposer's Affidavit PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: 1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury_gov/ofac/downloads/sdnlist.pdf; 2. Included on the government -wide exclusions lists in the United States System for Award Management found at: https://sam.gov/SAM/; or Bid Number: RFP 040621 Vendor Name: Box Gang Manufacturing LLC DocuSign Envelope ID: 6AE1BOEB-7DB1-4137-9DD4-DF3154181CFE 3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. r By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Rafael Marrero, President, Box Gang Manufacturing LLC The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes a No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed the File Name below addendum and Pages attachments (if applicable) Addendum_2_Bulk_Solid_Waste_Equipment_RFP_040621 Fri February 19 2021 08:07 AM Addendum_1 _Bulk_Solid_Waste_Equipment_RFP_040621 Thu February 18 2021 01:07 PM r 1✓ Bid Number: RFP 040621 Vendor Name: Box Gang Manufacturing LLC Sou rcewel I 7o-.0 Wastequip #040621-WQI Pricing for contract #040621-WQI offers Sourcewell participating agencies the following discounts: • Wastequip® Steel Container Products: Special Market Pricing • Wastequip® Compaction Products: 5% to 20% off Catalog List Pricing • Confab® Steel Container Products: Special Market Pricing • Galbreath® Mobile Products: 5% to 20% off Catalog List Pricing • Amrep® Mobile Products: Special Market Pricing DocuSign Envelope ID: 5B29OE55-F705-4D60-A76E-076252BOB96D 040621-WQI Sourcewell q4' Solicitation Number: RFP #040621 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Wastequip Manufacturing Company LLC, 6525 Morrison Blvd., Suite 300, Charlotte, NC 28211 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Bulk Solid Waste and Recycling Equipment from which Vendor was awarded a contract. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires June 2, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. Rev. 10/2020 DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the Vendor's warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor's affiliates, authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time -to -time and is incorporated into this Contract by reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable Rev. 10/2020 DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax - exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At anytime during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing Rev. 10/2020 DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor's employees maybe required to perform work at government - owned facilities, including schools. Vendor's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. Rev. 10/2020 DocuSign Envelope ID: 5B29OE55-F705-4D60-A76E-076252BOB96D 040621-WQI Vendor's acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry -specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. Rev. 10/2020 DocuSign Envelope ID: 5B29OE55-F705-4D60-A76E-076252BOB96D 040621-WQI B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: • Customer Name (e.g., City of Staples Highway Department); • Customer Physical Street Address; • Customer City; • Customer State/Province; • Customer Zip Code; • Customer Contact Name; • Customer Contact Email Address; • Customer Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Rev. 10/2020 6 DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their Rev. 10/2020 DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master -servant, or principal -agent. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. In no event will Vendor be liable for any loss of use, revenue, or profit, or for any consequential, incidental, indirect, or exemplary damages, whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damage was foreseeable and whether or not the indemnitee was advised of the possibility of such damages. 12. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Vendor a royalty -free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Vendor. b. Vendor grants to Sourcewell a royalty -free, worldwide, non-exclusive right and license to use Vendor's Trademarks in advertising and promotional materials for the purpose of marketing Vendor's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Rev. 10/2020 DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Sourcewell must not alter Vendor's Trademarks from the form provided by Vendor and must comply with Vendor's removal requests as to specific uses of its trademarks or logos. b. Vendor must not alter Sourcewell's Trademarks from the form provided by Sourcewell and must comply with Sourcewell's removal requests as to specific uses of its trademarks or logos. c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's Trademarks only in good faith and in a dignified manner consistent with such party's use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. Rev. 10/2020 DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI 14. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Rev. 10/2020 10 DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non -defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products -completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products -Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non -owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less Rev. 10/2020 11 DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers' Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data — including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is Rev. 10/2020 12 DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self -insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self -insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. Rev. 10/2020 13 DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI 21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Vendor's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis -Bacon Act provisions. Rev. 10/2020 14 DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names Rev. 10/2020 15 DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI 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. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation Rev. 10/2020 16 DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 22. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell �D�o/cyu�S�iigned by, ,,1� COFD2A139 J�^ J (I.'a 1 By; DD6489... Jeremy Schwartz Title: Chief Procurement Officer Date: 5/26/2021 1 2:57 PM CDT Approved: � ID,oc�u,Signeed�by, 1 g\ ; l 7E42B8F817A64CC... Chad Coauette Title: Executive Director/CEO 6/2/2021 1 1:39 PM CDT Date: Wastequip Manufacturing Company LLC DocuSigned by By; 0D14p1 John Defenbaugh Title: President -Commercial Date: 6/2/2021 1 2:32 PM EDT Rev. 10/2020 17 DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D RFP 040621 - Bulk Solid Waste and Recycling Equipment Vendor Details Company Name: Does your company conduct business under any other name? If yes, please state: Wastequip Manufacturing Company LLC Wastequip LLC 841 Meacham Road Address: Bid Location Statesville, NC 28677 Contact: Marya Jenkins Email: mjenkins@wastequip.com Phone: 800-424-0422 09587 Fax: 800-424-0422 HST#: 223191624 Submission Details Created On: Submitted On: Submitted By: Email: Transaction #: Submitter's IP Address Thursday February 18, 2021 14:24:47 Tuesday April 06, 2021 11:17:52 Marya Jenkins mjenkins@wastequip.com 7520c546-beb0-4e2b-9423-af6d89d3f024 65.158.142.90 Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D Specifications Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/K if the question does not apply to you (preferably with an explanation). Line Item Question Response" 1 Proposer Legal Name (and Wastequip LLC applicable d/b/a, if any): 2 Proposer Address: 6525 Morrison Blvd, Ste 300 Charlotte, NC 28211 3 Proposer website address: www.wastequip.com 4 Proposer's Authorized John Defenbaugh, President, Commercial Representative (name, title, 6525 Morrison Blvd, Ste 300 address, email address & phone) Charlotte, NC 28211 (The representative must have JDefenbaugh@wastequip.com authority to sign the "Proposer's 704.366.7140 Assurance of Compliance" on behalf of the Proposer and, in the event of award, will be expected to execute the resulting contract): 5 Proposer's primary contact for this Marya Jenkins, Bid/Contract Specialist proposal (name, title, address, 841 Meacham Road email address & phone): Statesville, NC 28677 MJenkins@wastequip.com 800-242-0422 Ext 09587 6 Proposer's other contacts for this None proposal, if any (name, title, address, email address & phone): Table 2: Company Information and Financial Strength Line Question Item Provide a brief history of your company, including your company's core values, business philosophy, and industry longevity related to the requested equipment, products or services. Response' Privately held, Wastequip is the leading North American manufacturer of waste handling equipment. Headquartered in Charlotte, North Carolina with manufacturing and service facilities throughout North America, the company has over 2,000 employees across North America. With locations throughout the United States, we serve our customer base on a local level while delivering economies of scale that smaller manufacturers cannot achieve. Since many of our brand companies serve sectors in which it can be difficult and costly to ship products from remote locations, this gives us a distinct advantage over competitors with a smaller footprint. Wastequip was created to consolidate the highly fragmented and regionalized waste equipment manufacturing sector. Our vision was to provide the large and growing base of national haulers with a single source for their waste hauling needs, including standardized equipment, highly durable products, inventory availability, faster delivery and outstanding customer service. Wastequip established an extensive North American manufacturing and service footprint. Over the course of three decades, Wastequip strategically purchased the top companies and best brands — from refuse trucks, to hoists, carts and tarping systems — and united them under the Wastequip name. Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D 8 What are your company's expectations in the As a possible incumbent awardee, Wastequip expects to: event of an award? 1. Continue to increase awareness in the marketplace regarding our Sourcewell contract, our products and services by offering total product purchase solutions using our Sourcewell contract and teaming with other Awarded Sourcewell Vendors. 2. Continue to promote Sourcewell within our existing customer base and expand this offering to newly acquired divisions within Wastequip. 3. Continue to improve upon our dealer networks understanding of Sourcewell and how to utilize our Sourcewell contract to gain the competitive advantage. 4. Continue revenue growth by continuing to gain market share. 9 Demonstrate your financial strength and Please see the attachment labeled: 2. RFP 040621 Wastequip Q9 Financial stability with meaningful data. This could Strength and Stability include such items as financial statements, This attachment includes our 2020 unaudited financials and current bond rating letter. SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. Upload supporting documents (as applicable) in the document upload section of your response. 10 What is your US market share for the While Wastequip's exact market share information is company confidential and solutions that you are proposing? critical to our strategy for success, we can share more about our market position. Based on our internal estimates, we determined that most of Wastequip's business units enjoy a number one or number two position in the marketplace, including our Steel Group and Galbreath Mobile Group. 11 What is your Canadian market share for the Most of our divisions do a very small amount of business in Canada therefore we solutions that you are proposing? do not track our Canadian market share. 12 Has your business ever petitioned for No bankruptcy protection? If so, explain in detail. 13 How is your organization best described: is b). Wastequip is best described as a manufacturer. it a manufacturer, a distributor/dealer/reseller, or a service provider? Answer whichever question (either a) or b) just below) best applies to your organization. a) If your company is best described as a distributor/dealer/reseller (or similar entity), provide your written authorization to act as a distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If applicable, is your dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider, describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? 14 If applicable, provide a detailed explanation Wastequip has all requisite permits and licenses to operate in each local facility outlining the licenses and certifications that and service area. While there are no particular national licenses or certifications are both required to be held, and actually required to be held in our industry, Wastequip has implemented QUALITY held, by your organization (including third ASSURANCE PROGRAM built on the same structure as ISO. parties and subcontractors that you use) in 1.The purpose of our Kanban implementation is to produce exactly what the pursuit of the business contemplated by this customer wants, when the customer wants and in the quantity the customer wants. RFP. 2. Our WPS system is a 5 step process for organizing our workplace. This organization establishes a workplace standard/normal condition. It creates a standardized, safe and better working environment. It enables us to work more effectively. It encourages ownership and teamwork and creates visual management tool by enabling quick recognition of abnormalities in order to take actions to return or improve the standard. 2. Wastequip operates facilities that are OSHA compliant. 3. Wastequip products offer full compliance with the following American National Standards Institute (ANSI) Standards to ensure consistent quality: ANSI Z245.30 — 2008 Waste Containers -Safety Requirements and Z245.60-2008 Waste Containers -Compatibility Dimensions ANSI Z245.2-2013 Stationary Compactors and Z245.5-2013 Baling Equipment ANSI Z245.1 Mobile Wastes and Recyclable Materials Collection Wastequip employees from several divisions have or are currently serving on National Waste and Recycling Association committees or subcommittees. 15 Provide all "Suspension or Debarment" None information that has applied to your organization during the past ten years. Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D Table 3: Industry Recognition & Marketplace Success Line Item Question Response* 16 Describe any relevant industry awards or 2020 - Nick Wiseman, Wastequip's CHRO, was recognized by the HRO Today recognition that your company has received Association as a 2020 Finalist for the Engagement Strategy Excellence Awards for in the past five years the North America Region. 2019 - Wastequip was recognized by Charlotte Magazine as the Best Company to Work For 2019 - Kristin Kinder, Wastequip's VP of Research and Waste Stream Sustainability, was recognized by Waste360 for 40 Under 40. 2019 - Henry Retamal, Wastequip's President of Operations, was recognized by Waste360 for 40 Under 40. 2018 - Steve Klueg, Wastequip's CFO, was recognized by the Charlotte Business Journal as CFO of the Year. 2018 - Rich Sedory, Wastequip's General Council, was recognized by the Charlotte Business Journal as Outstanding General Counsel of the Year. 2017 - Wastequip was recognized by the Charlotte Business Journal as the Middle Market Leader of the Year 17 What percentage of your sales are to the For the product line being offered in this RFP, over the past three years approx. governmental sector in the past three years 6% of our total sales were to the government sector. 18 What percentage of your sales are to the For the product line being offered in this RFP, over the past three years approx. education sector in the past three years 1 % of our total sales were to the education sector. 19 List any state, provincial, or cooperative Sourcewell: National Co -Operative Contract; $9.44 M; $15.2 M; $13.9 M purchasing contracts that you hold. What is Houston Galveston Area Council (HGAC): National Co -Operative Contract; $762K; the annual sales volume for each of these $924K; $1.06 M contracts over the past three years? Texas BuyBoard: National Co -Operative Contract; $944K; $1.48 M; $821K 20 List any GSA contracts or Standing Offers None at this time. and Supply Arrangements (SOSA) that you hold. What is the annual sales volume for each of these contracts over the past three years? Table 4: References/Testimonials Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name * Contact Name * Phone Number* City of Huntsville Darrel Luker 936-581-6417 City of Nacogdoches Cary Walker 936-559-2582 Calcasieu Parish LJ Wimberly 337-721-3760 Table 5: Top Five Government or Education Customers Line Item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Entity Name Entity Type * State / * Scope of Work * Size of Transactions * Dollar Volume Past Three Province Years CITY OF Government Arizona - AZ Provide refuse equipment Varies $1.72M ALBUQUERQU E CITY OF Government Texas -TX Provide refuse equipment Varies $796K MISSION CITY OF Government Texas - TX Provide refuse equipment Varies $708K HARLINGEN CITY OF Government Utah - UT Provide refuse equipment Varies $525K LOGAN LOWER Government Texas - TX Provide refuse equipment Varies $479K VALLEY WATER DISTRICT Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D Table 6: Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Line Item Question Response* 23 Sales force. The majority of Wastequip sales are made directly by Wastequip employed Regional Sales Managers (RSM). Our direct Wastequip employed sales network consist of the following: Wastequip Steel Group to include compaction equipment consists of (18) RSM's that cover the continental US, Hawaii, Alaska, and Canada and (8) Customer Services Representatives (CSR) Confab Steel Group consists of (3) RSM's that cover the lower US West Coast and Hawaii and (6) CSR's Galbreath Mobile Group consists of (5) RSM's that cover the continental US and Canada and (3) CSR's Amrep Mobile Hoist Group consists of (5) RSM's that cover the continental US and Canada and (8) CSR's All groups are supported by our Wastequip Bid Team and our Wastequip Call Center Inside Sales Team members. Wastequip also provides product group specific Warranty Teams. Together these team members perform all actions necessary to produce an acceptable level of sales, including, but not limited to: making sales calls necessary to cover territory, assisting with test programs and warranty administration. All dealers and service providers are independent third party contractors and employ their own teams consisting of sales, service and warranty staff. 24 Dealer network or other distribution All Wastequip Groups rely on a wide and geographically diverse independent third methods. party dealer network and service providers who aid in developing new business and provide additional support services to Wastequip. 1. Wastequip/Confab Steel Groups offer approx. fourteen (14) Preferred Dealers who employ sales and service staffs. 2. Galbreath Mobile Group touts a robust dealer network for the cable hoist market consisting of approximately fifty (50) qualified Galbreath dealers located strategically across the US. 3. Amrep Mobile Hoist Group offers a geographically diverse independent third party dealer network consisting of (6) dealers with (11) locations, who aid in developing new business and provide additional support services to Amrep. Wastequip's Amrep division services our customers and dealer network from (5) factory owned locations. Our dealer network and service providers are fully supported by the Wastequip sales, service and warranty teams. 25 Service force. All Wastequip Groups rely on a wide and geographically diverse independent third party dealer network and service providers who aid in developing new business and provide additional support services to Wastequip. Our Wastequip/Confab Group offers a nationwide service provider network of approximately 526 independently owned service provider companies who provide warranty, preventative maintenance, service and repair of equipment. Our Galbreath Mobile Group dealer network also provides warranty, preventative maintenance, service and repair of equipment assistance. All Wastequip Groups employ division specific engineering staff who are available for specific design projects or technical requirements. Our dealer network and service providers are fully supported by the Wastequip sales, service and warranty teams. Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D 26 Describe in detail the process and Wastequip prides itself on superior customer service and has significant experience procedure of your customer service servicing both large and small municipal and privately owned accounts as well as program, if applicable. Include your multi -location organizations. Our extensive customer base demands rigorous, just -in - response -time capabilities and time delivery performance and responsive customer service. Wastequip's Customer commitments, as well as any incentives Service Representative (CSR) handle customer needs prior to, during, and after that help your providers meet your stated orders are placed with our company. Our goal for standard product order entry is to service goals or promises. have customers' orders submitted, entered, and confirmed with ship dates within 48 hours of receiving the Purchase Order. Non -Standard or Special Products go through a similar process that includes engineering, sales drawing submittal for approval, and then from approval on to confirmed ship date. At Wastequip we want all customers to have a great experience with our products — from our first contact with us all the way through product delivery. As such, we have adopted the following customer service credo: Commitment: • We will treat all customers with respect (regardless of size) • We will follow up with customers upon receipt of order to ensure satisfaction • We will resolve any issues quickly Support: • We will provide a dedicated Customer Service Representative (CSR ) for each participating member • We will respond quickly on quotes (same -day response in most cases) • We will provide an order confirmation (within 48 hours in most cases) • We will call customers with shipping & delivery information and provide early notification should there be any issues with orders 27 Describe your ability and willingness to All Wastequip Groups are able to fully serve all 50 states and U.S. Territories provide your products and services to Sourcewell participating entities in the United States. 28 Describe your ability and willingness to All Wastequip Groups are able to fully serve Canadian Provinces provide your products and services to Sourcewell participating entities in Canada. 29 Identify any geographic areas of the United All Wastequip Groups are able to fully serve all 50 states, U.S. territories, and States or Canada that you will NOT be Canadian provinces. fully serving through the proposed contract. 30 Identify any Sourcewell participating entity All Wastequip Groups are able to fully serve all 50 states, U.S. territories, and sectors (i.e., government, education, not -for- Canadian provinces. profit) that you will NOT be fully serving Wastequip's Amrep Mobile Hoist Group currently has a stronger presence in the through the proposed contract. Explain in Western Region of the United States. In 2018 an Eastern production facility was detail. For example, does your company opened in Salisbury N.C. to manufacture for the Eastern market. Since 2018 Amrep have only a regional presence, or do other has been widening its reach and presence in the Central and Eastern U.S. cooperative purchasing contracts limit your Wastequip's Amrep Group intends to maintain the expansion by continually adding ability to promote another contract? support dealers in areas where service facilities are limited. There are no current contracts nor relationships that limit our ability to serve the aforementioned markets. 31 Define any specific contract requirements No specific contract requirements or restrictions would apply. or restrictions that would apply to our Wastequip is able to serve these areas with all of our offered products. We find participating entities in Hawaii and Alaska that the difference in our service involves Ocean Freight, different sized sea and in US Territories. containers (different container quantities than over -the -road semi truck loads), and varying schedules for shipments. The shipments may vary due to restricted passage to these outlying states/territories whose path of shipment may involve extreme seasonal and other weather related issues. We find that these customers are more than aware of the issues surrounding their shipments, and they are most accepting of these differences for shipments. Table 7: Marketing Plan Line Question Response* Item Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D 32 Describe your marketing strategy for Please see attached 7. RFP 040621 Wastequip Q32 Marketing Plan Samples promoting this contract opportunity. Upload representative samples of your Within selected media channels, Wastequip will announce its continuing partnership with marketing materials (if applicable) in Sourcewell via a press release or other content delivery form. This will be directed at the document upload section of your those market categories with whom this message and value will resonate. response. Wastequip will advertise via digital and print platforms, including social media outlets, with paid and organic creative. The target audience will include Government buyers in such segments as Public Works and Municipalities, and in such publications as American City and County and/or Government Product News. Our association and partnership with Sourcewell will be prominently displayed at appropriate trade show events. Wastequip participates in a variety of major/national trade shows, as well as having a presence in numerous regional shows and events. We will promote the partnership by incorporating the Sourcewell logo on various show assets (such as banner stands) and literature as appropriate. Wastequip has numerous web properties that promote our value to the markets we serve, and we will include Sourcewell information and possibly a link back to Sourcewell (depending on link feasibility) on our web properties. 33 Describe your use of technology and —CONFIDENTIAL INFORMATION — digital data (e.g., social media, Facebook: Wastequip utilizes both paid and organic posts to promote partnerships, metadata usage) to enhance product release, service offerings, and our dedication to creating and maintaining a marketing effectiveness. sustainable environment. We are able to hone our message and be exacting in who we reach, and our Facebook property allows for interaction with both customers (such as municipalities) and the general consumer. We are able to capture these visits to our page and understand if our messaging is resonating, and then adjust accordingly (if necessary). Linkedln: This platform allows Wastequip to reach specific job titles and companies that have an interest in our product, and also allows us to open the door to new market opportunities and reaching new segments for penetration. Wastequip website properties: Within our websites, we provide the value we offer to the market and answer the question of "Why choose Wastequip." Our sites are segment focused, with a sub focus on product. We are able to capture data on visitors and gain a better understanding of what the market desires and what is important to them when selecting a supplier of products and services. Banner ads: Wastequip tracks site visits and conversions from keywords and banner ads as seen in publications of interest. Email inquiries are tracked through the sales cycle in Salesforce by lead source. Wastequip uses Google Analytics, Pardot tracking, Salesforce reporting, and pay per click data to enhance the effectiveness of our marketing campaigns. The Wastequip YouTube channel allows interested users (customers, consumers) to actually view a variety of products in use. This helps enhance reputation in the market, and broadens our message as being a provider of sustainable, durable, and effective products. Wastequip uses Twitter to share more news oriented content or retweet relevant waste industry news content. 34 In your view, what is Sourcewell's role Wastequip believes the Sourcewell role in promoting the contract is similar to in promoting contracts arising out of Wastequip's'. Based on the success we have enjoyed with Sourcewell for the past 11 this RFP? How will you integrate a years we believe we have a good understanding of and appreciation for Sourcewells' Sourcewell-awarded contract into your promotion of our contract to its member agencies. Wastequip will continue to share the sales process? responsibilities. 1. Networking - In light of the current COVID pandemic and networking opportunity limitations, Wastequip and Sourcewell should share and exchange information in order to help each organization to promote the contract. Our organizations can share newsletters, participate in e-mail networks, or meet at seminars and conferences once open to the public events occur. 2. Multisector Collaborator - Sourcewell and Wastequip should continue to work together to look for ways to expand product offerings based on Sourcewell Member needs, if those needs were not initially included into the RFP. Sourcewell and Wastequip should work together to offer more in depth dealer/distributor network training. By sharing the above listed responsibilities Wastequip's aim is to strengthen the relationship between our Regional Sales Managers with the Sourcewell professional staff. We also look forward to more pro -active marketing of this contract through our Wastequip Marketing team using electronic media, shows and meetings. The Wastequip Bid Department will continue to be a primary conveyor of our partnership with Sourcewell, and include the appropriate logo and data in bid/contract packages as deemed necessary. This will extend the reach of Sourcewell into markets that Sourcewell currently may not serve and aide in bringing awareness to those markets. 35 Are your products or services No, due to the special requirements of the products Wastequip manufactures, our products available through an e-procurement are not currently available for e-procurement to municipal/government entities. ordering process? If so, describe your e-procurement system and how governmental and educational customers have used it. Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D Table 8: Value -Added Attributes Line Item Question Response* 36 Describe any product, equipment, Wastequip Steel Group offers specific Sales and Compaction Technical training consisting of maintenance, or operator training the following: programs that you offer to 1. Compaction Sales Training: Training is provided at no charge and consists of basic Sourcewell participating entities. overview of compaction operation and usage. Nine classroom training modules cover Include details, such as whether fundamentals, process, applications, waste flow analysis, equipment types, feeding training is standard or optional, recommendations, electrical requirements, location analysis, site surveys, and available who provides training, and any equipment options. Sales Training can be geared for 1 day or broken into smaller multiple costs that apply. sessions. 2. Compaction Technical Training: Training is a 2-day classroom and hands-on course for service and maintenance personnel of compaction and baler equipment. The course is $350 per student and each attendee receives a service training manual, training competitions certificate and an electric volt meter. The curriculum includes the following: 1. Plant Tour 2. Hydraulics 3. Electrical Theory 4. Hands-on hydraulic and electrical demonstrations 5. Troubleshooting systems 6. Application of classroom knowledge to achieve solutions 7. Guardian Control System 8. ANSI (American National Standards Institute) 9. Lock out/tag out procedures 10. Review of new equipment features 37 Describe any technological Wastequip manufactures a full range of garbage collection, compaction, transportation, and advances that your proposed disposal equipment for residential, commercial, and industrial applications. Wastequip's products or services offer. commitment and continued investment into product innovation will lead to continuous improvement in every phase of waste management. 1. Wastequip has partnered SSAB, a global specialty steel supplier, to develop a high strength roll -off container for the construction and demolition industry. This container incorporates SSAB's Hardox 450 wear plate for better performance and sustainability to withstand the abuse of containers used in these dense waste applications. Wastequip's RockBox containers are twice as strong and last four times as long as standard containers used in these applications. The use of Hardox 450 wear plate and a unique floating body design allows this to be done without increasing the container tear weight. 2. Galbreath Mobile Group provides alternate fuel compatible roll -off hoists to meet the needs of customers desire to operate compressed natural gas (CNG) powered vehicles. Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D 38 Describe any "green" initiatives At Wastequip, we're focused on building a bright future for our employees, our communities, that relate to your company or to and our environment. And our CORE program — reflecting our COrporate REsponsibility your products or services, and commitment to sustainability, diversity and philanthropy — exhibits our dedication to: include a list of the certifying Helping define the future of the waste industry with progressive thinking and leadership agency for each. Developing products with consideration for the environmental impact to future generations Employing a diverse workforce, providing development opportunities and valuing diverse perspectives Continuing to demonstrate social consciousness so our team members and customers are proud to work for or do business with Wastequip As part of the CORE program, Wastequip is committed to creating more sustainable products, processes and facilities, without sacrificing our legendary quality. Future generations are counting on us to create better products, and to do so more responsibly. As a manufacturer, identifying efficiencies in how we source materials and manufacture and distribute our Steel and Galbreath products is among our most environmentally impactful opportunities. Incoming packaging efficiency: For incoming shipments, Wastequip has been standardizing our reusable pallets and containers and implementing circular take -back models with our pallet suppliers. Material efficiency: We reprocess all scraps, cuts, and drops of remaining steel. We actively separate alternative materials (bronze, aluminum, carbon steel) for recycling to aid in processing and reducing costs. Energy efficiency: Across our Steel and Galbreath facilities, we've currently replaced about 15-20% of our welding units with new units that use a quarter to a third less electricity, and about 60% of our steel plants will LED lighting. Distribution efficiency: We're continuously innovating our products. Recently, we've been employing nesting improvements in the distribution of our steel containers, allowing us to nest and ship up to 50% more product on each truckload. Additionally, our employees designed "solar powered" signage in Tyler, TX facility — and many plants and offices are equipped with motion sensing lights, and have been upgraded to use newer LED ballasts to reduce energy consumption and waste. As we have acquired new Steel facilities, we have also replaced welding gas tanks that could be prone to leakage. 39 Identify any third -party issued eco- None for the products offered in this proposal. labels, ratings or certifications that your company has received for the equipment or products included in your Proposal related to energy efficiency or conservation, life -cycle design (cradle -to -cradle), or other green/sustainability factors. 40 Describe any Women or Minority Wastequip nor any of our subsidiaries are considered a Woman or Minority Business Entity Business Entity (WMBE), Small (WMBE) or a Small Business Entity (SBE). Business Entity (SBE), or veteran However, Wastequip is committed to the utilization of disadvantaged entities whenever owned business certifications that possible, and we set out to identify possible use of MWBE's as subcontractors on a case your company or hub partners by case basis in a concerted attempt to meet the encouraged goals of our have obtained. Upload municipal/governmental customers. documentation of certification (as While Wastequip does not possess certification as a disadvantages business, we do seek applicable) in the document to employ and do business with disadvantages businesses. We use a WMBE's or SBE's upload section of your response. to purchase office supplies, work with many disadvantaged businesses to perform work on projects, and are constantly seeking ways in which we may employ or do business with disadvantaged companies in both special projects and daily business. As in many projects, there are several possibilities for use of disadvantaged businesses. We are always prepared to search for specific businesses that may provide the following: 1. Utilization of teaming partners for specific government set aside project opportunities 2 Over -the -road trucking of products to the our municipal/government customers (typically 53 foot trailers) Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D 41 What unique attributes does your 1. The entire Wastequip product line streamlines purchasing for Sourcewell member company, your products, or your agencies. Our product offering includes virtually every possible container and related lifting services offer to Sourcewell equipment need from the residence to the convention center to the city office building to the participating entities? What makes farmers' market. Wastequip offers Sourcewell Members an aggregate waste stream flow for your proposed solutions unique in waste material from waste generation to final waste disposition. your industry as it applies to 2. With the awarded Sourcewell Contract #081716 for Class 6,7, and 8 Chassis with Sourcewell participating entities? Related Equipment, Accessories, and Services, Wastequip is available to offer Sourcewell Members a Sole Source full product solution transaction as it relates to the Galbreath hoist product line. 3. Galbreath touts many value add items including a full staff of Engineers, including design a group which utilizes the latest 3D modeling software with Dynamic Finite Element Analysis and a full staffed Research and Development group which allow for superior validation processes and ensuring the latest technological developments are being utilized in the design of our products. 4. Other branches of Engineering include Application, to support ensuring the correct product is used for the customer's application, and manufacturing, who in tandem with the OPEX group work towards instituting the best processes which maximize efficiencies and control customer costs. Table 9: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line Item Question Response* 42 Do your warranties cover all products, parts, and Please see attached: 9. RFP 040621 Wastequip Q42 Warranty for full labor? details. Yes, specific products, parts and labor are covered. 43 Do your warranties impose usage restrictions or Please see attached: 9. RFP 040621 Wastequip Q42 Warranty for full other limitations that adversely affect coverage? details. No, however, all equipment under warranty must be used in accordance with the Owner's manual or guidelines to include preventative maintenance, if required. Wastequip warranties shall not apply to any unit, which has been subject to misuse, misapplication, negligence, alteration or accident. 44 Do your warranties cover the expense of Please see attached: 9. RFP 040621 Wastequip Q42 Warranty for full technicians' travel time and mileage to perform details. warranty repairs? Compaction Products: Yes, Wastequip will reimburse our service providers for their travel time or mileage incurred when performing warranty service. Galbreath Mobile Products: No, Wastequip does not reimburse our service providers as the product is expected to be taken to the service facility for any warranty work. 45 Are there any geographic regions of the United No, Wastequip has service providers located in all 50 states to perform any States or Canada (as applicable) for which you required warranty repairs. cannot provide a certified technician to perform warranty repairs? How will Sourcewell participating entities in these regions be provided service for warranty repair? 46 Will you cover warranty service for items made by Yes, Wastequip will cover warranty service for items made by other other manufacturers that are part of your proposal, manufacturers that are sold with our manufactured equipment. Original or are these warranties issues typically passed on equipment manufacturers warranty will apply and any service needed will be to the original equipment manufacturer? coordinated with OEM. Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D 47 What are your proposed exchange and return Product Return Policy programs and policies? a) All returns must be authorized by Wastequip prior to shipping and acceptance. Product must be returned in the same condition as shipped by Wastequip, which may include original packaging, and Buyer must include a copy of the Invoice with any return. Buyer must complete and return a Warranty Registration Form for some Products, where applicable. Product may not be returned by Buyer to Wastequip after 30 days of Invoice date, without applicable Warranty Registration or proof of purchase or ownership. Go To Parts' supplementary Return Policy can be found by clicking here a hard copy of which is available upon request. If there is any conflict between the Go To Parts Return Policy and the Product Return Policy contained in this Section 5, the terms of the Go To Parts Return Policy shall control. b) A Return Authorization Number must be obtained from Wastequip within five (5) days of receipt of Product and before such Product may be returned for credit. No Product shall be returned to Wastequip without Wastequip's written consent. If any portion of the Product delivered to Buyer are defective or are otherwise not in accordance with contract specifications, Wastequip shall have the right in its discretion either to replace such defective Product or to refund the portion of the purchase Price applicable thereto. Any returned Product shall become the property of Wastequip; Buyer, Buyer's customer or end -user is not authorized to otherwise dispose of, sell or recycle such Product, parts or components. In no event shall Wastequip be liable for the cost of processing, lost profits, injury to goodwill or any other special incidental or consequential damages. c) Buyer is responsible for prepayment of, and all other related freight costs associated with returning Products to Wastequip unless previously agreed to in writing by Wastequip. Buyer is responsible for any missing or damaged Product. Risk of loss or damage to Product shall pass from Buyer to Wastequip upon physical receipt by Wastequip. d) Special order or non -stock items or other Product specified by Wastequip are not eligible for return. e) Any and all Product claimed defective or as a warranty matter must include a written explanation of how the Product was stored, maintained, installed and/or operated, as further described herein. Buyer must complete a Warranty Claim Form, where applicable. f) If, in Wastequip's judgment, a returned Product is not defective or not shipped in error, Wastequip may apply a service charge of 20% and/or a restocking fee up to 20% of the Product purchase price. g) Wastequip reserves the right to dispose of, return to Buyer (at Buyer's cost of freight and related charges), allow Buyer retrieval within seven (7) calendar days, or any other remedy, in Wastequip's discretion, for any attempted Product returns in contravention of the Wastequip Terms. 48 Describe any service contract options for the Wastequip does not offer any service contract options for the items included items included in your proposal. in our proposal. Any service contract option would be provided by an outside third party and be provided at customers expense. Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D Table 10: Payment Terms and Financing Options Line Item Question Response* 49 What are your payment terms (e.g., net 10, net 30)? Payment shall be due as stated on the Wastequip Invoice for the Product. All payments shall be made in U.S dollars. Payment Terms are set at Net 30 Days with Approved Credit 50 Describe any leasing or financing options available for use Wastequip makes available financing solutions for state and local by educational or governmental entities. governments through 3rd party financial institutions. Most recently, Wastequip has teamed with NCL Government Capital, an existing Sourcewell Contract holder (#011620-NCL), to offer financing options to Sourcewell Member agencies. Through our financing options Wastequip offers Fixed Interest rates that are based on the credit quality of the governmental entity and terms that are up to 10 years with annual payments in arrears. Additional information can be found by visiting our financing web page at: https://www.wastequip.com/about-us/financing 51 Briefly describe your proposed order process. Include —CONFIDENTIAL INFORMATION** enough detail to support your ability to report quarterly Wastequip utilizes the Salesforce.com CRM system to create sales to Sourcewell as described in the Contract template. accounts, create and enter project opportunities, verify contact For example, indicate whether your dealer network is information, and produce quality and professional quotes. Our CRM included in your response and whether each dealer (or system follows opportunities from creation to closure. some other entity) will process the Sourcewell participating Salesforce.com allows Wastequip to input Sourcewell Member entities' purchase orders. information that flows onto approved Wastequip/Sourcewell logo quotes. By selecting the Wastequip/Sourcewell logo when creating the opportunity immediate notification is sent to the Sourcewell contract point of contact, notifying them of a new quote opportunity for Sourcewell. Every quote created is reviewed and sent through a 3 to 5 channel approval process. Once approved, the quote is sent through the CRM system to the requesting Sourcewell Member. After which, the system tracks the status of the opportunity and provides ongoing updates if information had been changed. Reports are currently automatically generated and forwarded to the Sourcewell contract point of contact every Tuesday morning. At quarter end, a refreshed report is generated listing all Sourcewell opportunities. Opportunities are tracked on the "Stage" basis (Budgetary, Pipeline, Expected, Commit, Pending OE, Closed Won and Closed Lost). Information pertaining to all "Closed Won" opportunities are then uploaded to the Sourcewell provided Sales Reporting spreadsheet for quarterly submission. Wastequip offers Sourcewell Member direct from Wastequip purchases and Sourcewell Member direct from Authorized Wastequip dealer purchases. With Wastequip direct purchases, purchase orders are placed directly with Wastequip and processed and tracked as indicated above. With Sourcewell Member direct from Authorized Wastequip dealer purchases, the Sourcewell Members submits a purchase order directly to our Authorized dealer. Our Wastequip dealer then provides Wastequip with a purchase order for the Sourcewell Member order and the order is processed and tracked as indicated above. 52 Do you accept the P-card procurement and payment Yes, Wastequip accepts P-card and credit card payments with no process? If so, is there any additional cost to Sourcewell additional fees charged. Our preferred method of payment is Wire, participating entities for using this process? ACH, or Check. Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. tm Question Response* Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D 53 Describe your pricing model (e.g., line -item discounts or Wastequip is offering the below product group specific pricing product -category discounts). Provide detailed pricing data models. Each price guide will include a listing of options available (including standard or list pricing and the Sourcewell as upgrades to the base pricing for that specific product line. All discounted price) on all of the items that you want products will be identified by model numbers. Sourcewell to consider as part of your RFP response. If Wastequip Steel Container products are offered on a line item by applicable, provide a SKU for each item in your proposal. manufacturing facility location basis. Pricing document labeled: Upload your pricing materials (if applicable) in the 11. RFP 040621 Wastequip Q53 Wastequip Steel Container Pricing document upload section of your response. Confab Steel Container products are offered on a line item by manufacturing facility location basis. Pricing document labeled: 11. RFP 040621 Wastequip Q53 Confab Steel Container Pricing Wastequip Compaction products are offered on a product catalog basis. Pricing document labeled: 11. RFP 040621 Wastequip Q53 Compaction Pricing Galbreath Mobile products are offered on a product catalog basis. Pricing document labeled: 11. RFP 040621 Wastequip Q53 Galbreath Mobile Pricing Amrep Mobile products are offered on a product line item. Pricing document labeled: 11. RFP 040621 Wastequip Q53 Amrep Mobile Pricing 54 Quantify the pricing discount represented by the pricing Wastequip is offering the below product group specific pricing proposal in this response. For example, if the pricing in discount ranges to Sourcewell Members. your response represents a percentage discount from Wastequip Steel Container Products: Special Market Pricing MSRP or list, state the percentage or percentage range. Confab Steel Container Products: Special Market Pricing Wastequip Compaction Products: 5% to 20% off Catalog List Pricing Galbreath Mobile Products: 5% to 20% off Catalog List Pricing Amrep Mobile Products: Special Market Pricing 55 Describe any quantity or volume discounts or rebate Wastequip may offer discounts off the Sourcewell Member price for programs that you offer. large projects when possible, giving the Member the benefit of making larger purchases and permitting Wastequip the opportunity to be flexible in competitive situations as required. We believe that it will be to both Wastequip's and the Member's advantage for this contract to allow flexibility with larger quantity discounts. As such, we do not feel it is in either of our best interests to set prices for large projects but rather offer discounted pricing based on the details of each such project and per current market conditions at time of request. 56 Propose a method of facilitating "sourced" products or Wastequip is offering the following sourced good solutions: related services, which may be referred to as "open 1. Nonstandard external options or open market items: Wastequip market" items or "nonstandard options". For example, you will offer these items to Sourcewell Members on a Supply Quote may supply such items "at cost" or "at cost plus a basis. Wastequip or Wastequip Authorized Dealer will provide the percentage," or you may supply a quote for each such Sourcewell Member with quote for all items not listed on the request. awarded Sourcewell contract. These items will be sourced at a Cost plus max of 20% basis. These items will not include the 1.5% proposed administrative fee. 2. Sourcewell Member direct purchase form Wastequip: Non- standard Wastequip/Confab Steel Container(s), Compaction Products, and options will be provided at a Price on Request (P.O.R.) basis. The items are listed in the price guides a "Specials". These items manufactured by Wastequip/Confab will include the 1.5% proposed administrative fee. 3. Sourcewell Member direct purchase from Authorized Wastequip Dealer: Non-standard Wastequip/Confab Steel Container(s), Compaction Products, and options will be provided at a Price on Request (P.O.R.) basis. These items will be P.O.R to Sourcewell Member at a Dealer Cost plus max of 20% basis. The items are listed in the price guides a "Specials". These items manufactured by Wastequip/Confab will include the 1.5% proposed administrative fee. Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D 57 Identify any element of the total cost of acquisition that is 1. Installation: Cost of installation, as required, shall be paid by the NOT included in the pricing submitted with your response. end user. Due to the customized nature of our business, each This includes all additional charges associated with a customer's project installation is unique, and therefore, quoted purchase that are not directly identified as freight or individually. Unique installations may include, and are not limited to shipping charges. For example, list costs for items like pre- requirements such as installation of equipment, assembly and delivery inspection, installation, set up, mandatory training, distribution of containers to end users, additional labor for customer or initial inspection. Identify any parties that impose such preferences, etc. This cost will not include the 1.5% Administrative costs and their relationship to the Proposer. Fee. 2. Taxes: Local, State and Federal Sales or Use Taxes or any applicable ferry costs, customs duties, levies and taxes are not included in our proposed pricing models. If required, these items will be added at time of quote. Also, Canadian GST/PST/HST taxes are not included in our proposed pricing models, and are not paid by Wastequip. If required to be paid by Wastequip, then the Member will be required to reimburse Wastequip for these taxes. 3. Surcharges: Steel costs continue their historic rise, with hot rolled steel increasing nearly 150% since September 1, 2020 to the current all-time high. Wastequip has been working closely with our supply chain to help minimize these costs, but our suite of products continue to be impacted directly by the escalating commodity prices. Therefore, Wastequip is including a surcharge option to our RFP proposal. To maintain transparency with Sourcewell Members, this charge, if needed, will be shown as a separate line item at time of quote. This surcharge provides Wastequip the flexibility to adjust product pricing up or down quickly in response to cost increases such as steel and components without having to change customer discount levels established on the contract. 58 If freight, delivery, or shipping is an additional cost to the Wastequip has locations throughout the U.S., which allows us to Sourcewell participating entity, describe in detail the serve our customer base on a local level while delivering complete freight, shipping, and delivery program. economies of scale not possible with smaller manufacturers. With over 24 manufacturing facilities, Wastequip can stock and ship product from around the country to aid in reducing freight costs. Wastequip has extensive import/export experience and an expansive logistics group available to assist Sourcewell Members. Wastequip is able to involve outside logistic companies to participate in shipping by freight hauler/common carrier, subcontracted off-loading, assembly, installation and distribution as required by the Sourcewell Member needs and demands. Wastequip will evaluate each order as a unique opportunity and consider the Sourcewell Members order volume and location. 1. Freight: Cost of shipping/delivery shall be paid by the End User. Calculations of the freight/delivery charges will be based on prevailing rates at the time of quote and included on quote as a separate line item. Sourcewell Member is responsible for offloading equipment at time of delivery unless otherwise noted at time of order. This cost will not include the 1.5% Administrative Fee. 59 Specifically describe freight, shipping, and delivery terms or Wastequip is able to serve these areas with all of our offered programs available for Alaska, Hawaii, Canada, or any products. We find that the difference in our service involves Ocean offshore delivery. Freight, different sized sea containers (different container quantities than over -the -road semi truck loads), and varying schedules for shipments. The shipments may vary due to restricted passage to these outlying states/territories whose path of shipment may involve extreme seasonal and other weather related issues. We find that these customers are more than aware of the issues surrounding their shipments, and they are most accepting of these differences for shipments. 60 Describe any unique distribution and/or delivery methods or The Wastequip/Confab Group is able to ship steel containers from options offered in your proposal. 17 steel manufacturing facilities. Compaction equipment can be shipped from 7 manufacturing/finishing facilities ensuring Wastequip is able to provide the most economical freight rates to our customers. Wastequip/Confab steel slant and flat top containers are nestable meaning one container nests inside another container, therefore saving on freight charges. Our Confab Group also offers a double deck delivery trailer option for delivery in California only. This allows for small steel container to be shipped unstacked, fully assembled and ready to use. Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID: 5B29OE55-F705-4D60-A76E-076252BOB96D Table 12: Pricing Offered Line Item The Pricing Offered in this Proposal is: * Comments 61 c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. Table 13: Audit and Administrative Fee tm Question Response' 62 Specifically describe any self -audit process or program that you —CONFIDENTIAL INFORMATION — plan to employ to verify compliance with your proposed Contract Wastequip utilizes the Salesforce.com CRM system to create with Sourcewell. This process includes ensuring that Sourcewell accounts, create and enter project opportunities, verify participating entities obtain the proper pricing, that the Vendor contact information and produce quality and professional reports all sales under the Contract each quarter, and that the quotes. Our CRM system follows opportunities from creation Vendor remits the proper administrative fee to Sourcewell. to closure. Salesforce.com allows Wastequip to input Sourcewell Member information that flows onto approved Wastequip/Sourcewell logo quotes. By selecting the Wastequip/Sourcewell logo when creating the opportunity immediate notification is sent to the Sourcewell contract point of contact, notifying them of a new quote opportunity for Sourcewell. Every quote created is reviewed and sent through a 3 to 5 channel approval process. Once approved, the quote is sent through the CRM system to the requesting Sourcewell Member/Authorized Dealer. After which, the system tracks the status of the opportunity and provides ongoing updates. Reports are currently automatically generated and forwarded to the Sourcewell contract point of contact every Tuesday morning. At quarter end, a refreshed report is generated listing all Sourcewell opportunities. Opportunities are tracked on the "Stage" basis (Budgetary, Pipeline, Expected, Commit, Pending OE, Closed Won and Closed Lost). Information pertaining to all "Closed Won" opportunities are then uploaded to the Sourcewell provided Sales Reporting spreadsheet for quarterly fee submission. 63 Identify a proposed administrative fee that you will pay to Wastequip is proposing a 1.5% administrative fee. Sourcewell for facilitating, managing, and promoting the Sourcewell For Sourcewell Member direct to Wastequip purchases, the Contract in the event that you are awarded a Contract. This fee administration fee will be incorporated in the Sourcewell is typically calculated as a percentage of Vendor's sales under the Member Price. For Sourcewell Member direct purchases Contract or as a per -unit fee; it is not a line -item addition to the through an Authorized Wastequip dealer, the administration Member's cost of goods. (See the RFP and template Contract for fee will be incorporated in the price to the dealer not to the additional details.) Sourcewell Member. Please note that freight, installation, surcharges and other "Total Cost of Acquisition" costs will not include this fee. Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D Table 14A: Depth and Breadth of Offered Equipment Products and Services Line Item Question Response" 64 Provide a detailed description of the 1. Wastequip Steel Container product offering consist of the following: equipment, products, and services that you Environmental Containers are offering in your proposal. Front Load Containers Other Large Containers Other Small Containers Rear Load Containers Receiver Containers Roll Off Containers (Rectangle and Tub) Scrap Bins Self Dumping Hoppers Side Load Containers Container Factory Options 2. Confab Steel Container product offering consist of the following: Front Load Containers Other Large Containers Other Small Containers Rear Load Containers Receiver Containers Roll Off Containers (Rectangle and Tub) Self Dumping Hoppers Side Load Containers Container Factory Options 3. Wastequip Compaction product offering consist of the following: Stationary Compactors Pre -Crusher Compactors Self -Contained Compactors Apartment Compactors Pak -Man Compactors Accu-Pak Compactors Vertical Balers Container Lifters Compaction Factory Options 4. Galbreath Mobile product offering consist of the following: Cable Hoists Hook Hoists Container Delivery Units Trail Hoist Trailers Pup Trailers Roll Off Trailers Tarps Mobile Factory Options 5. Amrep Mobile product offering consist of the following: Cable Hoists Chain Hoists Pup Trailers Transfer/Pull Trailers Tarps Mobile Factory Options Additional product information can be found by visiting our website at www.wastequip.com 65 Within this RFP category there may be Wastequip believes that the following subcategory of solutions should be included: subcategories of solutions. List subcategory 1. Factory Options: Wastequip has included in our price guides additional factory titles that best describe your products and available add on features that are readily available to Sourcewell Members. These services. factory options are enhancers to our standard products. 2. Custom Options: Any custom feature requested by the customer may be provided and will be made available as a "Special' and provided as a Price On Request item. 3. Services: Wastequip can provide additional services to Sourcewell Members. These services may include unloading, assembly, equipment installation, and training. These services will be made available as a "Special' and provided as a Price On Request item. Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D Table 14113: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Line Item Category or Type Offered * Comments 66 Commercial/Industrial-sized refuse and recycling r Yes Wastequip's Steel Group containers, roll -off containers and collection bins of r No manufactures a wide range of front - metal construction load, roll -off, and rear -load containers, as well as self -dumping hoppers for all types of waste and recycling. The division also makes specialty containers for handling sludge, grease, and other tough waste, along with dewatering, vacuum, and intermodal containers. 67 Knuckleboom and grapple loaders r Yes No Bid r No 68 Hook and hoist dumpster loaders r Yes Wastequip's branded Galbreath r No Mobile Group products are engineered to withstand the punishment of hauling waste, recyclables, and scrap. The division includes branded products such as Galbreath@ hoists, container handlers, and trailers; Mountain TarpTm and PioneerTM tarping systems. For decades, AmrepO has been meeting our customers' needs by designing durable, high -performing roll- " off hoists that minimize weight and maximize payload. At Amrep, we understand that our customers' requirements vary based on application and budget, and we accommodate their needs by offering a variety of roll -off cable hoists. From refuse and construction hauling to product delivery and yard transport, Amrep can help you choose the right product. 69 Roll -off trucks and container handlers r Yes Wastequip's branded Galbreath r No Mobile Group products are engineered to withstand the punishment of hauling waste, recyclables, and scrap. The division includes branded products such as Galbreath@ hoists, container handlers, and trailers; Mountain TarpTm and PioneerTM tarping systems. 70 Refuse and recyclable material balers and r Yes Wastequip's Steel Group compactors r No manufactures Wastequip@-branded compactors and industrial balers. These powerful products withstand the demands of both commercial and industrial use. Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D Table 15: Industry Specific Questions Line Item Question Response* 71 If you are awarded a contract, provide a Wastequip will measure our performance of an awarded contract by the following few examples of internal metrics that will methods: be tracked to measure whether you are 1. Comparing a Previous Year to Current Year Sales Analysis having success with the contract. 2. Track and monitor Quote activity 3. Continue to emphasis the value and improtance of the Sourcewell contract during sales meetings/calls 4. Maintain onboard sale training for new associates and refresher training for existing associates. 72 Describe the serviceability of the products All Wastequip Groups rely on a wide and geographically diverse independent third included in your proposal (parts availability, party dealer network and service providers who aid in developing new business and warranty and technical support, etc.). provide additional support services to Wastequip. Our Wastequip/Confab Group offers a nationwide service provider network of approximately 526 independently owned service provider companies who provide warranty, preventative maintenance, service and repair of equipment. Our Galbreath Mobile Group dealer network also provides warranty, preventative maintenance, service and repair of equipment assistance. All Wastequip Groups employ division specific engineering staff who are available for specific design projects or technical requirements. Our dealer network and service providers are fully supported by the Wastequip sales, service and warranty teams. 73 Describe advancements reflected in the 1. Wastequip compactors are equipped with AMS (Automatic Maintenance equipment or products offered in your Scheduler) that notifies you when preventative maintenance is due based on actual proposal, such as safety, longevity or life usage. With AMS you don't have to guess when maintenance is due or try and cycle cost measures. keep track as an indicator light illuminates when maintenance should be scheduled while still allowing you to operate the compactor. The light is reset after maintenance is performed. 2. Wastequip's guided ram system has been incorporated into high cycle compactors. This system suspends the ram off the floor and significantly reduces friction and wear. The use of ultra high molecular weight (UHMW) guide shoes provides a long lasting, low noise, low vibration solution to traditional floor riding rams. The guided ram system extends the life of the equipment and allows Wastequip to offer an industry leading warranty on our self-contained compactors. 3. The incorporation of SSAB high strength steels including Hardox and Strenx in our roll -off containers as well as in high wear areas of other equipment increase life expectancy and decrease maintenance costs. Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text. Documents Ensure your submission document(s) conforms to the following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." • Financial Strength and Stability - 2. RFP 040621 Wastequip 09 Financial Strength and Stability.pdf - Monday April 05, 2021 14:47:13 • Marketing Plan/Samples - 7. RFP 040621 Wastequip 032 Marketing Plan Samples.pdf - Monday April 05, 2021 14:52:09 • WMBE/MBE/SBE or Related Certificates (optional) • Warranty Information - 9. RFP 040621 Wastequip 042 Warranty.pdf - Monday April 05, 2021 14:47:25 • Pricing - 11. RFP 040621 Wastequip Price Offerings Zip.zip - Tuesday April 06, 2021 07:05:22 • Upload Additional Document - 16RFP0--1.PDF - Tuesday April 06, 2021 11:16:00 Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D Proposer's Affidavit PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: 1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury_gov/ofac/downloads/sdnlist.pdf; 2. Included on the government -wide exclusions lists in the United States System for Award Management found at: https://sam.gov/SAM/; or Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID: 5B290E55-F705-4D60-A76E-076252BOB96D 3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. r By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - John Defenbaugh, Commercial President, Wastequip LLC The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes a No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed the File Name below addendum and Pages attachments (if applicable) Addendum_2_Bulk_Solid_Waste_Equipment_RFP_040621 Fri February 19 2021 08:07 AM Addendum_1 _Bulk_Solid_Waste_Equipment_RFP_040621 Thu February 18 2021 01:07 PM r 1✓ Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC Sou rcewel I R-0 Toter #041521-TOT Pricing for contract #041521-TOT offers Sourcewell participating agencies the following discounts. • Toter residential does not have set list pricing, therefore we are offering a line -item ceiling pricing model that is comparable to other cooperative contracts • Toter Pro — 30% off list price DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT Sourcewell q4l' Solicitation Number: RFP #041521 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Toter, LLC, 841 Meacham Road, Statesville, INC 28677 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Plastic Refuse and Recycling Containers with Related Technology Solutions from which Vendor was awarded a contract. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires May 28, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. Rev. 10/2020 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the Vendor's warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor's affiliates, authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time -to -time and is incorporated into this Contract by reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable Rev. 10/2020 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax - exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At anytime during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing Rev. 10/2020 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor's employees maybe required to perform work at government - owned facilities, including schools. Vendor's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. Rev. 10/2020 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT Vendor's acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry -specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. Rev. 10/2020 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: • Customer Name (e.g., City of Staples Highway Department); • Customer Physical Street Address; • Customer City; • Customer State/Province; • Customer Zip Code; • Customer Contact Name; • Customer Contact Email Address; • Customer Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Rev. 10/2020 6 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their Rev. 10/2020 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master -servant, or principal -agent. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. In no event will Vendor be liable for any loss of use, revenue, or profit, or for any consequential, incidental, indirect, or exemplary damages, whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damage was foreseeable and whether or not the indemnitee was advised of the possibility of such damages. 12. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Vendor a royalty -free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Vendor. b. Vendor grants to Sourcewell a royalty -free, worldwide, non-exclusive right and license to use Vendor's Trademarks in advertising and promotional materials for the purpose of marketing Vendor's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Rev. 10/2020 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Sourcewell must not alter Vendor's Trademarks from the form provided by Vendor and must comply with Vendor's removal requests as to specific uses of its trademarks or logos. b. Vendor must not alter Sourcewell's Trademarks from the form provided by Sourcewell and must comply with Sourcewell's removal requests as to specific uses of its trademarks or logos. c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's Trademarks only in good faith and in a dignified manner consistent with such party's use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. Rev. 10/2020 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT 14. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Rev. 10/2020 10 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non -defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products -completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products -Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non -owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less Rev. 10/2020 11 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers' Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data — including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is Rev. 10/2020 12 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self -insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self -insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. Rev. 10/2020 13 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT 21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Vendor's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis -Bacon Act provisions. Rev. 10/2020 14 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names Rev. 10/2020 15 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT 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. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation Rev. 10/2020 16 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 041521-TOT and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 22. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell DocuSigned by, y J &Wavf� B�/ COFD2A139D06489... Jeremy Schwartz Title: Chief Procurement Officer Date: 5/24/2021 1 7:43 PM CDT Approved: � ID,oc�u,Signeed�by, By:l7E42B8F817A64CC... Chad Coauette Title: Executive Director/CEO 5/25/2021 1 10:47 AM CDT Date: Toter, LLC DocuSigned by: (,auva P. Atdew� B\ : 834FF567BB0940B... Laura P. Hubbard Title: Director of Municipal Sales Date: 5/25/2021 1 10:46 AM CDT Rev. 10/2020 17 DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 RFP 041521 - Plastic Refuse and Recycling Containers with Related Technology Solutions Vendor Details Company Name: Toter, LLC 841 Meacham Road Address: Statesville, North Carolina 28677 Contact: Kellie Clark Email: toterbids@toter.com Phone: 800-424-0422 09584 Fax: 833-930-1124 HST#: 56-1362422 Submission Details Created On: Thursday February 25, 2021 07:42:29 Submitted On: Thursday April 15, 2021 13:38:28 Submitted By: Kellie Clark Email: toterbids@toter.com Transaction #: ell 8be8d7-Oc74-4464-b735-48eb35840831 Submitter's IP Address: 173.92.230.77 Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 Specifications Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/K if the question does not apply to you (preferably with an explanation). Line Item Question Response* 1 Proposer Legal Name (and Toter, LLC applicable d/b/a, if any): 2 Proposer Address: 841 Meacham Road, Statesville, North Carolina 28677 3 Proposer website address: www.toter.com 4 Proposer's Authorized Laura P. Hubbard, Director of Municipal Sales, 841 Meacham Road, Statesville, North Carolina Representative (name, title, 28677, Ihubbard@wastequip.com, 704-682-3398 address, email address & phone) (The representative must have authority to sign the "Proposer's Assurance of Compliance" on behalf of the Proposer and, in the event of award, will be expected to execute the resulting contract): 5 Proposer's primary contact for this Laura P. Hubbard, Director of Municipal Sales, 841 Meacham Road, Statesville, North Carolina proposal (name, title, address, 28677, Ihubbard@wastequip.com, 704-682-3398 email address & phone): 6 Proposer's other contacts for this Kellie K. Clark, Sr. Manager of Bids and Contracts, 841 Meacham Road, Statesville, North proposal, if any (name, title, Carolina 28677, kclark@toter.com, 800-424-0422 Ext 09584, or 704-768-2584. address, email address & phone): Table 2: Company Information and Financial Strength Line Question Item Provide a brief history of your company, including your company's core values, business philosophy, and industry longevity related to the requested equipment, products or services. Response* Toter has been in continuous operation since 1962, originally as a subsidiary of Rubbermaid Incorporated. Our headquarters is in North Carolina. The company was organized as a private corporation in 1983 as Applied Products, Inc., changed the name to Toter Incorporated in 1988. In 2007, Toter was acquired by Wastequip and became its largest acquisition at the time. Wastequip is the leading North American manufacturer of waste handling and recycling equipment focused on manufacturing expertise and product innovation. Toter and other Wastequip divisions position our parent company to offer a full line of products, systems and solutions to collect and transport just about any type of waste and recyclables. Toter products have been included in Wastequip's Sourcewell contracts since 2014. Toter introduced an automated cart system for curbside garbage collection in the 1960s, earning us our well -deserved reputation as the go -to cart brand for the collection of waste, recycling, and organics. We focus on developing products that combine practical convenience, extreme durability and long-term value through proven industry leading performance and warranty. Today we serve waste haulers and municipalities as well as commercial, industrial and institutional customers through regional manufacturing/distribution facilities located in Statesville, NC; Acuna, Mexico; and Del Rio, TX. It is important to note that we are dedicated to the waste industry, not manufacturing for any other industry. Our company's core values include: We always act with safety, honesty and integrity. We serve customers to total satisfaction by delivering value oriented, market leading products and services. We act quickly but thoughtfully. We identify and improve the things that matter most. - We provide challenging opportunities with clear expectations. We embrace change. - We make commitments and keep them, earn trust and create respect. Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 8 What are your company's expectations in the Toter anticipates a seamless transition from the current Wastequip contract to a event of an award? Toter plastic refuse and recycling containers contract. Our sales force, dealers and distributors are ready to sell and provide solutions to our customers' needs. We already have tools and staffing in place to promote the Sourcewell contract in the marketplace among existing and potential customers to showcase our products and services as total solutions using this contract. Toter would continue and increase promotion in this way throughout the contract term. Toter will involve and improve our dealer and distributor networks' understanding of how Sourcewell satisfies the bidding/proposal processes of customers, and allows the customer to obtain product they want and deserve, which also gains for Toter a competitive advantage. We intend to continue revenue growth by continuing to gain market share. 9 Demonstrate your financial strength and Toter, LLC is wholly -owned subsidiary of Wastequip, LLC. As a privately held stability with meaningful data. This could company, our financial statements are not made public and we do not require audits include such items as financial statements, of our divisions. Our unaudited financial statements for Toter, LLC for the year SEC filings, credit and bond ratings, letters ended December 31, 2020 are attached. Our trade references and banking of credit, and detailed reference letters. information is also attached in unredacted format for Sourcewell's eyes only, and a Upload supporting documents (as applicable) redacted format for maintenance of confidentiality with entities requesting copies of in the document upload section of your our information provided in this RFP response. response. 10 What is your US market share for the While Toter's exact market share information is company confidential and critical to solutions that you are proposing? our strategy for success, we can share more about our market position. Based on our internal estimates, we determined that Toter Residential consistently enjoys a top 3 position in the US market. Toter ProProducts maintains a top 5 position in the US market. 11 What is your Canadian market share for the While Toter's exact market share information is company confidential and critical to solutions that you are proposing? our strategy for success, we can share more about our market position. Even though the Canadian market is not tracked as thoroughly as the US market, we believe Toter Residential also holds a top 3 position in the Canadian market. We would like to continue to grow our Canadian market share by continuing to try and convince Canadian municipalities to utilize our contract with the help of groups like RMA. 12 Has your business ever petitioned for No. bankruptcy protection? If so, explain in detail. 13 How is your organization best described: is Toter, LLC Is a manufacturer and service provider, with a network of distributors and it a manufacturer, a distributor/dealer/reseller, dealers and best fall within item "b". The majority of Toter Residential sales are or a service provider? Answer whichever made directly by 10 Regional Sales Managers (RSM) and supported by 2 Division question (either a) or b) just below) best Sales Directors, 1 Municipal Sales Director and 1 Vice President of Sales. We applies to your organization. also rely on well established dealers in certain states who aid in developing new a) If your company is best described as business and provide additional support services to Toter across the US and a distributor/dealer/reseller (or similar entity), Canada. Our RSMs, dealer network and service providers are fully supported by a provide your written authorization to act as a team of Customer Satisfaction Specialists, specialists at the Wastequip Call Center, distributor/dealer/reseller for the manufacturer as well as a dedicated Bid/Contracts staff and a specific Warranty Team. All of the products proposed in this RFP. If dealers and service providers are independent third party contractors and employ applicable, is your dealer network their own teams consisting of sales, service and warranty staff. Toter Pro Products independent or company owned? are represented by third party sales agents and dealers. b) If your company is best described as a manufacturer or service provider, describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? 14 If applicable, provide a detailed explanation Toter has applicable licenses to operate in the State of North Carolina, the state of outlining the licenses and certifications that our headquarters. We obtain licenses in municipalities and localities in which we are both required to be held, and actually are required by contracts to register and obtain licenses as required. We operate held, by your organization (including third facilities that are OSHA compliant, our roll carts for residential use meet or exceed parties and subcontractors that you use) in the American National Standards Institute (ANSI) Standards to ensure consistent pursuit of the business contemplated by this quality and safety: ANSI Z245.30-2008 - Waste Containers - Safety Requirements RFP. and Z245.60-2008 Waste Containers - Compatibility Dimensions. Our roll carts have been independently certified with Wind Tunnel Testing of empty Toter carts by nationally recognized schools of aeronautical engineering and well as the Interagency Grizzly Bear Committee (IGBC) approval of Toter Bear Carts. 15 Provide all "Suspension or Debarment" None. information that has applied to your organization during the past ten years. Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 Table 3: Industry Recognition & Marketplace Success Line Item Question Response* 16 Describe any relevant industry awards or As the parent company of Toter, Wastequip has received several recognitions: recognition that your company has received - In 2019, Wastequip was recognized by Charlotte Magazine as the Best Company in the past five years to Work For - In 2017, Wastequip was recognized by the Charlotte Business Journal as the Middle Market Leader of the Year - In 2016, Charles Walton, founder of Wastequip, was named to the National Waste & Recycling Association's Hall of Fame. The Award is presented annually to select industry visionaries and icons that have created an enduring legacy through their inspirational leadership, core values and significant contributions. - In 2014, Wastequip was recognized by the North Carolina Chamber for the Honorable Mention for the North Carolina Manufacturer of the Year (more than 5 years old) Toter recognition: - In 2020, Toter was named by Plastics News as the second highest rotational molder in North America, as ranked by Plastics News. Toter continues to be rated the highest ranked rotational molder of plastic waste containers in North America (many years running) from this publication. Executive Team Awards: - Waste 360 awarded Toter's Chance Hennig, Southwest Regional Sales Manager, to the 2021 class of '40 under 40" awards. Wastequip's Kristin Kinder (Vice President of Research and Waste Stream Sustainability) and Henry Retamal (President of Operations over Toter and other Wastequip divisions) were awarded the same in 2019. The program recognizes inspiring and innovative professionals under the age of 40 whose work in waste, recycling and organics has made a significant contribution to the waste and recycling industry. - In 2020, Nick Wiseman, Wastequip's CHRO, was recognized by the HRO Today Association as a 2020 Finalist for the Engagement Strategy Excellence Awards for the North America Region. - In 2018, Steve Klueg, Wastequip's CFO, was recognized by the Charlotte Business Journal as CFO of the Year. - In 2018, Rich Sedory, Wastequip's General Council, was recognized by the Charlotte Business Journal as Outstanding General Counsel of the Year. 17 What percentage of your sales are to the Toter's sales to the governmental sector from 2018-2020 was 31%. governmental sector in the past three years 18 What percentage of your sales are to the Toter's sales to the governmental sector from 2018-2020 was 0.3% education sector in the past three years 19 List any state, provincial, or cooperative Our annual sales volumes on the aggregate for state or cooperative purchasing purchasing contracts that you hold. What is contracts over the past three years is $28,180,661 in 2018, $37,439,412 in 2019, the annual sales volume for each of these and $32,849,179 in 2020 (restrictions under the respective cooperative purchasing contracts over the past three years? agreements prevent our ability to specifically identify annual sales volumes for each such contract). 20 List any GSA contracts or Standing Offers None. and Supply Arrangements (SOSA) that you hold. What is the annual sales volume for each of these contracts over the past three years? Table 4: References/Testimonials Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name * Contact Name * Phone Number* City of Memphis, TN Phillip Davis (901) 417-4027 City of Sheboygan, WI Jason Blasiola (920) 459-3447 City of Chattanooga, TN Roshonda Woods (423) 643-6837 Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 Table 5: Top Five Government or Education Customers Line Item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Entity Name Entity Type * State / Province * Scope of Work * Size of Transactions * Dollar Volume Past Three Years * Municipality Government Texas - TX 96 Gallon, 64 Gallon , 32 Gallon Average size of $9,447,000 and 24 Gallon Carts for Transactions = $787,000 Garbage, Recycling and Organics with A&D Services Municipality Government Texas - TX 96 Gallon, 64 Gallon and 32 Average size of $6,369,000 Gallon Carts for Garbage, Transactions = $172,000 Recycling and Yard Waste with Full Maintenance Services Municipality Government Texas - TX 96 Gallon, 64 Gallon and 48 Average size of $6,255,000 Gallon Carts for Garbage, Transactions = $139,000 Recycling and Organics Municipality Government California - CA 96 Gallon Carts for Garbage and Average size of $5,733,000 Recycling with A&D Services Transactions = $249,000 Municipality Government Texas - TX 96 Gallon, 64 Gallon and 48 Average size of 4,269,000 Gallon Carts for Garbage and Transactions = $388,000 Recycling Table 6: Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Line Item Question Response* 23 Sales force. The majority of Toter Residential sales are made directly by 10 Regional Sales Managers (RSM) and supported by 2 Division Sales Directors, 1 Municipal Sales Director and 1 Vice President of Sales. Our Regional Sales Managers are based in key locations throughout the US and will be responsible for field support of all current and potential Sourcewell members. These industry experts perform all actions necessary to produce a superior level of sales, including, but not limited to: making sales calls necessary to cover territory, assisting with test programs and warranty administration, and all other field service support. Toter Pro has 4 direct national sales managers that work closely with distributors across the US. Our sales team, dealer and distributor networks and service providers are fully supported by a team of Customer Satisfaction Specialists, specialists at the Wastequip Call Center, as well as a dedicated Bid/Contracts staff and a specific Warranty Team. 24 Dealer network or other distribution Toter Residential has well established dealers in certain states who aid in developing methods. new business and provide additional support services to Toter across the US and Canada. Toter Pro has a network of approximately 5 independent dealers and approximately 100 national distributors. Our dealer network and service providers are fully supported by our sales, service and warranty teams. 25 Service force. We have a Service Division called ContainerPros that provides services to our customers throughout the United States. ContainerPros provides services to plastic and steel containers, carts and bins. ContainerPros employs a number of individuals at multiple levels to manage and operate the services requested. These individuals range from Directors, Project Managers, Project Coordinators, Project Supervisors, Leads, etc. ContainerPros also utilizes multiple third -party vendors to assist in projects across the US and Canada. There is no project too Large or too Small! Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 26 Describe in detail the process and Toter prides itself on superior customer service and has significant experience procedure of your customer service servicing both large and small municipal and privately -owned accounts, multi -location program, if applicable. Include your organizations like The Home Depot, Lowes, Walmart, True Value, Ace, Do -It Best, response -time capabilities and Amazon, Wayfair, Meijer, and other retail entities. Our extensive customer base commitments, as well as any incentives demands rigorous, just -in -time delivery performance and responsive customer service. that help your providers meet your stated We believe, simply stated, that our commitment to preventing issues is the service goals or promises. key to satisfied customers. We want all customers to have a great experience with our products — from their first contact with us all the way through product delivery and warranty service. As such, we have adopted the following customer service credo: COMMITMENT - We will treat all customers with respect (regardless of size) We will follow up with you upon receipt of your order to ensure satisfaction We will resolve any issues quickly SUPPORT - We will provide a dedicated Customer Service Satisfaction (CSS) specialist for each participating member (plus each CSS backs others' territories to ensure seamless service) We will respond quickly on quotes (same -day response in most cases) We will provide an order confirmation (within 24-48 hours) We will call you with shipping & delivery information and provide early notification should there be any issues with your order Each Member will be assigned a dedicated Customer Satisfaction Specialist (CSS). All CSSs are cross -trained on this contract and they will be available for back-up and high -volume situations. The CSS team is managed by Toter's Customer Service Supervisor, on -site with CSSs at Toter headquarters and available to help in any situation. CSSs handle customer needs prior to, during, and after orders are placed with our company. Routine services include assisting with customer choices, quoting, entering orders, obtaining customer approvals on custom markings and features, constant order tracking with production and traffic departments, handling intricate detail on large and small orders/projects and situations such as drop shipments and timing of shipments, and problem solving when order issues arise and when technical feedback is obtained. The Warranty period begins at the date of original purchase. Toter's Warranty Manager processes Warranty Claims and issues to provide accurate and expedited service to all customers. In the field are Toter's Regional Sales Managers who are industry experts ready to assist with municipal contract issues, unique product applications, and all other field service issues. They may also be responsible for reporting contract updates, as well as forecasting large projects, coordinating non -core program items, and general contract facilitation. Other RSMs will be available for back-up in emergency situations. Toter's executive level will ensure that long term strategic partner issues such as ongoing cost reductions and new product innovations are pursued aggressively. 27 Describe your ability and willingness to Toter has enjoyed the benefits of offering the Sourcewell contract to our customers provide your products and services to over the last 7 years and are excited about the opportunity to continue our Sourcewell participating entities in the relationship with Sourcewell and growing sales off this contract over the next 5 United States. years. All resources are in place for a seamless transition and our sales team is very familiar with the contract and ready to promote a new contract to existing and new agencies across the US. If awarded, we would notify existing customers immediately so they can seamlessly transition from purchasing off our current contract to our new contract. 28 Describe your ability and willingness to Toter has been fortunate to have our current Sourcewell contract adopted by RMA provide your products and services to and has worked with them and other Canadian agencies on several opportunities. Sourcewell participating entities in Canada. We hope to continue that momentum with a new Sourcewell contract and work to expand our sales across Canada. 29 Identify any geographic areas of the United None. States or Canada that you will NOT be fully serving through the proposed contract. 30 Identify any Sourcewell participating entity None. sectors (i.e., government, education, not -for - profit) that you will NOT be fully serving through the proposed contract. Explain in detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 31 Define any specific contract requirements Toter serves all these areas, with all of our products. We find that the difference in or restrictions that would apply to our our service involves Ocean Freight, different sized sea containers (different container participating entities in Hawaii and Alaska quantities than over -the -road semi truck loads), and varying schedules for shipments. and in US Territories. The shipments may vary due to restricted passage to these outlying states/territories whose path of shipment may involve extreme seasonal and other weather -related issues. We find that these customers are more than aware of these issues surrounding their shipments, and they are most accepting of these differences for Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 Table 7: Marketing Plan Line Item Question Response* 32 Describe your marketing strategy for Within selected media channels, Toter may announce its continuing partnership with promoting this contract opportunity. Sourcewell via a press release or other content delivery form. This will be directed at Upload representative samples of your those market categories with whom this message and value will resonate. marketing materials (if applicable) in Toter may advertise via digital and print platforms, including social media outlets, the document upload section of your with paid and organic creative. The target audience will include Government buyers in response. such segments as Public Works and Municipalities, and in such publications as American City and County and/or Government Product News. Our association and partnership with Sourcewell will be prominently displayed at appropriate trade show events. Wastequip participates in a variety of major/national trade shows, as well as having a presence in numerous regional shows and events. We will promote the partnership by incorporating the Sourcewell logo on various show assets (such as banner stands) and literature as appropriate. The Toter Bids and Contracts Department will continue to be a primary conveyor of our partnership with Sourcewell, and include the appropriate logo and data in quoting and outreach as deemed necessary. This will extend the reach of Sourcewell into markets that they currently may not serve and bring awareness to those markets. Wastequip has numerous web properties that promote our value to the markets we serve, and we will include Sourcewell information and possibly a link back to Sourcewell (depending on link feasibility) on our web properties. 33 Describe your use of technology and FACEBOOK: Toter utilizes both paid and organic posts to promote partnerships, product digital data (e.g., social media, releases, service offerings, and our dedication to creating and maintaining a sustainable metadata usage) to enhance environment. We are able to hone our message and be exacting in who we reach, and marketing effectiveness. our Facebook property allows for interaction with both customers (such as municipalities) and the general consumer. We are able to capture these visits to our page and understand if our messaging is resonating, and then adjust accordingly (if necessary). LINKEDIN: This platform allows Toter to reach specific job titles and companies that have an interest in our product, and also allows us to open the door to new market opportunities and reaching new segments for penetration. WASTEQUIP WEBSITE PROPERTIES: Within our websites, we provide the value we offer to the market and answer the question of "Why choose Wastequip?" Our sites are segment focused, with a sub focus on product. We are able to capture data on visitors and gain a better understanding of what the market desires and what is important to them when selecting a supplier of products and services. BANNER ADS: Toter tracks site visitors and conversions from keywords and banner ads as seen in publications of interest. Email inquiries are tracked through the sales cycle in SalesForce by lead source. Toter uses Google Analytics, Pardot tracking, SalesForce reporting, and pay per click data to enhance the effectiveness of our marketing campaigns. WASTEQUIP YOUTUBE CHANNEL: Allows interested users (customers, consumers) to actually view a variety of Toter products in use. This helps enhance reputation in the market, and broadens our message as being a provider of sustainable, durable, and effective products. TWITTER: Toter uses Twitter to share more news oriented content or retweet relevant waste industry news content. 34 In your view, what is Sourcewell's role By sharing the above listed responsibilities, Toter's aim is to strengthen the relationship in promoting contracts arising out of between our Regional Sales Managers with Sourcewell's professional staff. We also look this RFP? How will you integrate a forward to more proactive marketing of this contract through our Wastequip Marketing Sourcewell-awarded contract into your team using electronic media, email blitzes, product shows and promotional meetings. We sales process? feel we have the base information and knowledge to provide solutions to our customers through Sourcewell, and we expect the contract change to be seamless, where we can build on our existing efforts for meaningful and impactful efforts to raise awareness of the contract. 35 Are your products or services Due to the special requirements and customizations of Toter products, Toter does not have available through an e-procurement an e-procurement ordering platform. We accept purchase orders via Toter dedicated ordering process? If so, describe your email address, toterpo@wastequip.com, via mail and facsimile. We have worked with e-procurement system and how customers to utilize Ariba to generate purchase orders from draft carts that Toter has governmental and educational entered into Ariba Supplier Solutions. We also provide invoices via Ariba. Toter can customers have used it. enter order updates (delivery information) in a few customers' e-procurement systems, as well as invoices into municipal systems. Therefore, we have the ability to work with our customers to accomplish what is needed when practicable. Table 8: Value -Added Attributes Line Question Response* Item Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 36 Describe any product, equipment, Toter offers plant tours for our customers upon request, and our staff is on hand for trouble - maintenance, or operator training shooting issues with containers or services. programs that you offer to In the field, we offer assembly instructions at the end of each project for containers Sourcewell participating entities. being serviced. This instruction usually takes 30 minutes or less due to the excellent design Include details, such as whether of the products provided, at no charge to the customer. training is standard or optional, Toter offers Wastequip's technology solutions. Customers who subscribe for a who provides training, and any technology offering will receive a standardized user online training. This user training will be costs that apply. performed by Wastequip's product specialists for technology solutions and addresses the major functionalities of the software and hardware solutions, which are intended to be utilized by the customer. Additional training programs are available with pricing on request. Pricing depends on scope and length of the requested training(s). After the training, standardized user guidelines will be available at no charge. 37 Describe any technological advances that your proposed products or services offer. For Toter's Professional Members: Toter Pro national and local sales representatives can provide training and selling support when needed. Plant tours are available for customers upon request, and our staff is on hand for trouble -shooting issues with containers or services. All technology solutions are based on modern technical and technological infrastructures to ensure a sustainable and future oriented solution landscape. These infrastructures are also laid out to be highly available and data security has been implemented in depth. Compared to other solutions and offerings in the industry, there are no system or server requirements on the member side, as long as a modern browser is used to access the software solutions. All technology solutions are developed to be as user friendly as possible and the implementation process is streamlined to the maximum. We offer these technology solutions to increase revenue and gain market share, reduce costs, provide greater stewardship of staff time/efforts resources, and improve customer experiences overall. Organics collection stresses carts because the density of food waste (6.25 pounds/gallon) is much higher than that of municipal solid waste (garbage) and recyclables (max of 3.5 pounds/gallon). Sourcewell member agencies needing to collect residential and commercial food waste should not face the decision of deploying small, two wheel carts that do not have sufficient load rating for the application. In order to provide member agencies with safe food waste carts, Toter offers a unique line of 21, 32 and 48 gallon automated Organics carts that are load rated and independently certified to regularly receive and dump food waste at a density of 6.25 pounds/gallon. In addition, we offer the 2 Gallon bin for collection of food waste in the resident's kitchen and a 13 gallon manual bin for curbside collection. Toter also offers 2 and 3 Cubic Yard FELs with higher load ratings to handle heavy food waste. Only Toter offers a fully automated lid latch, Dural-atch, that latches automatically when the lid is dropped, opens with one finger, and opens automatically when the cart is dumped by the truck. DuraLatch meets the long requested industry demand for the return to a latching cart but without interfering with fully automated collection. Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 38 Describe any "green" initiatives Our parent company, Wastequip, is focused on building a bright future for our employees, that relate to your company or to our communities, and our environment. And our CORE program — reflecting our Corporate your products or services, and REsponsibility commitment to sustainability, diversity and philanthropy — exhibits our include a list of the certifying dedication to: agency for each. Helping define the future of the waste industry with progressive thinking and leadership 39 Identify any third -party issued eco- labels, ratings or certifications that your company has received for the equipment or products included in your Proposal related to energy efficiency or conservation, life -cycle design (cradle -to -cradle), or other green/sustainability factors. Developing products with consideration for the environmental impact to future generations • Employing a diverse workforce, providing development opportunities and valuing diverse perspectives • Continuing to demonstrate social consciousness so our team members and customers are proud to work for or do business with Wastequip and Toter. As part of the CORE program, Toter is committed to creating more sustainable products, processes and facilities, without sacrificing legendary Toter quality. Future generations are counting on us to create better products, and to do so more responsibly. In 2020, we commissioned a survey of more than 100 municipalities and waste haulers and a lifecycle analysis (LCA) of a Toter cart over its entire life, to better understand our carbon footprint and help us set the most impactful goals to reduce our carbon footprint. This survey confirmed that Municipalities and waste haulers consider Toter carts to be the most sustainable on the market today, and the LCA study reaffirmed the importance of durability and recycled content: • Toter consistently delivers on durability with customers reporting service life much longer than the 9 years of average service life of competitor carts owned by surveyed entities, dramatically lowering the carbon footprint by longevity alone, plus the added advantage of recycled resin inclusion listed below. • Further, Toter's ultra -low warranty claim rate (0.3%), ease of repair and recyclability help reduce the raw material consumption and resources required to produce new carts. • Currently, Toter carts can use up to 50% recycled content — and we are striving to reduce the virgin resin we manufacture with, while ensuring a durable cart that meets strict quality standards for sun exposure, weight limits, extreme temperature changes, and impacts from servicing. We also look for efficiencies in sourcing our materials and have switched primarily to receiving resin via rail car, optimizing fuel -efficiency and reducing the number of trucks on the road. More information is available at Toter.com/about-us/sustainabi In 2020, we commissioned a survey of more than 100 municipalities and waste haulers and a lifecycle analysis (LCA) of a Toter cart over its entire life, to better understand our carbon footprint and help us set the most impacfful goals to reduce our carbon footprint. This survey confirmed that municipalities and waste haulers consider Toter carts to be the most sustainable on the market today, and the LCA study reaffirmed the importance of durability and recycled content: • Toter consistently delivers on durability with customers reporting service life much longer than the 9 years of average service life of competitor carts owned by surveyed entities, dramatically lowering the carbon footprint by longevity alone, plus the added advantage of recycled resin inclusion listed below. • Further, Toter's ultra -low warranty claim rate (0.3%), ease of repair and recyclability help reduce the raw material consumption and resources required to produce new carts. • Currently, Toter carts can use up to 50% recycled content — and we are striving to reduce the virgin resin we manufacture with, while ensuring a durable cart that meets strict quality standards for sun exposure, weight limits, extreme temperature changes, and impacts from servicing. More information is available at Toter.com/about-us/sustainability. Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 40 Describe any Women or Minority Toter and Wastequip are not certified as any type of disadvantaged business. We do Business Entity (WMBE), Small foster diversity and our previously stated values set a common standard for all employees Business Entity (SBE), or veteran with equal opportunity for employment, training, performance evaluations and performance owned business certifications that rewards and advancements. your company or hub partners Toter is adept at meeting customer needs by attributing to goals that may be set have obtained. Upload by our customers for subcontracting with certified Women or Minority Business Entities documentation of certification (as (WMBE), Small Business Entities (SBE) or veteran owned business entities (VBE). For applicable) in the document example, Toter has served the City of Memphis, TN in recent years to provide carts and upload section of your response. cart assembly and distribution services, under Wastequip's Sourcewell Contracts. When a municipality has such goals to be met for projects and orders, we are committed to utilizing disadvantaged businesses whenever possible through Good Faith Efforts. We set out to break down a given scope of work into tasks/service segments and then identify possible use of disadvantaged businesses (usually certified by the municipality or required area or entities) as subcontractors on a case by case basis. Toter has made a concerted attempt to meet customer requested/required levels of participation. We believe it is our responsibility as a well -established company, to help to grow and strengthen smaller, disadvantaged businesses. An example of our commitment to furthering the health and well-being of disadvantaged businesses is when our logistics team routinely uses certified (and uncertified) disadvantaged/small trucking companies which meet Toter logistics standards, to transport goods all over the US and Canada. In another example, Toter also uses a certified Women Owned Business to obtain office supplies for routine business operations. 41 What unique attributes does your company, your products, or your services offer to Sourcewell participating entities? What makes your proposed solutions unique in your industry as it applies to Sourcewell participating entities? Toter maintains our focus on solutions within the waste industry, and we do not manufacture for any other industry. We also have long-term experience with Sourcewell under Wastequip's Sourcewell Contracts. We have already established routine Sourcewell customers. We have mastered the ability to win deals with Sourcewell offerings, and we have proven the ability to have successful sales off a Sourcewell contract. Our Internal and field sales, customer service, and all departments of Toter (as well as all divisions of Wastequip) are well familiar with, devoted to, and appreciative of Sourcewell Contracts. We are ready to further the action of satisfying all -consuming bid/proposal processes of individual customers to allow both the customer and Toter to focus on solutions for each customer, simultaneously conserving time, energy and resources through Sourcewell's already -proposed and awarded full RFP process. We believe we have experienced fewer bids through recent years as a result of our efforts at utilizing Sourcewell to help customers to obtain the product and service that they deserve through a piggyback. And with the proper tools, knowledge base, commitment and drive already in place to build upon, we look forward to our customers getting more of what they want through Sourcewell and Toter, as a "Win -Win" for all concerned. Toter introduced the automated curbside cart system in North America during the late 1960's, and Toter is the largest rotational molder in North America (as rated by Plastics News). Toter is the leading supplier of wheeled, rollout carts (21-96 gallons) used for curbside automated waste, recycling, organics/yard waste by cities and government entities, as well as private waste haulers. We offer Organics Carts with a higher load rating (6.25 Ibs per gallon versus the required ANSI Standard load ratings for carts at 3.5 Ibs per gallon). And our Bear Tough Carts have a double -walled lid and steel -reinforced rim to withstand repeated clawing and chewing, tested to withstand the wiles and vast strength of bears. We tell the toughest bears to grin and bear it! Toter is the "go to" for private haulers and recyclers to build cart fleets for collection services. We work with Recology, Casella, EDCO, Waste Pro, Santek, CR&R and hauling/recycling companies varying in size; with resources readily in place for production, assembly, distribution to residents, cart maintenance and retired carts recycling services. We specialize in on -time detailed projects to set out carts to residential and commercial properties to meet municipal collection start/set dates and deadlines. Our containers for industrial, commercial and institutional customers complete the circle of solutions in the marketplace. Toter also supplies containers in the Retail Market to Lowes Home Improvement Centers, The Home Depot, True Value, Ace Hardware, Do -It -Best Hardware, Wal-Mart, Amazon, Wayfair, Meijer Stores, and other retailers. Retail customers and individual buyers both find our retail products to out -last and out -task other products offered in stores. ADVANCED ROTATIONAL MOLDING TM — In 1994, Toter introduced its patented Advanced Rotational MoldingTM process which has revolutionized both the rotational molding and waste industry. With this new state-of-the-art manufacturing process, Toter molds intricate designs heretofore impossible for conventional rotomolders. Toter's "zero stress" molding technology offer important higher strength to weight ratios and durability advantages over "high stress" processes such as injection molding. Toter carts are different from others in the industry. During our molding process, molds are filled with a pre -measured amount of plastic micro -pellets, then moved into an oven to melt the plastic material while the machine rotates. This rotation in heat causes the plastic to coat the inside of the mold. This method does not require high-pressure hydraulic equipment to fill the mold, so no stress is introduced during the molding cycle (unlike stress created by injection molding). The mold is transferred to a cooling chamber to cure, where a microprocessor controls the cooling cycle to optimize impact strength and performance of the final product. After slowly cooling with air and water, the cart is removed from the mold to be trimmed, imprinted and assembled. Important products such as kayaks and bridge barriers are rotationally molded because both products must withstand impact, just like carts must bounce back when Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 serviced by an automated arm, and especially in cold temperatures. Customers in extreme environments have proved that advantage. Many of our customers have tried injection molded carts and switched (or switched back) to our rotationally molded product due to the lowest lifecycle cost of our carts. Our molding process and material afford a 15-20+ year cart life expectancy, which in turn allows Toter to back our carts with a 12 year cart body warranty and 10 years on all other components. UNIQUE 12-YEAR CART BODY WARRANTY AND LOWEST COST OF OWNERSHIP — Our roll cart warranty EXCEEDS INDUSTRY WARRANTY TERMS with cart bodies covered by a unique and unprecedented 12 year non -prorated warranty (all other cart components have a 10 year non -prorated warranty) since early 2016. Because we Rotationally Mold our carts rather than injection molding them as others do, we have a proven life expectancy of 15 to 20+ years. Our 12 year body warranty avoids the premature replacement of the body, which is the part of the cart that the cart lifting device engages. This warranty is "putting our money where our mouth is." We believe our customers will see a reduction in replacement cost of about $7 to $9 per cart over the first 12 years of service. As a result, all our roll cart customers obtain a currently unmatched warranty in the roll cart industry! In addition to the above roll cart warranty, our Front Load Containers carry a 3 year container warranty (90 days for casters and non -plastic components). Toter's warranty claim process for all products is available upon request. Toter carts offer the City the lowest total cost of ownership. Toter carts are more durable and last significantly longer than competitors' carts. The City already has an inventory of parts and is familiar with the cart repairs and high performance. All of these advantages point to a product that will be environmentally friendly and highly sustainable in maintenance and lasting service. INNOVATION - NOT JUST A PLASTIC CONTAINER — We continue to be the first and only manufacturer to design roll carts that are truly nestable/stackable when fully assembled and "Ready to Roll". Our customers realize savings in storage/inventory costs and experience savings in reduced number of replacement trips. Unlike injection molded carts that nest no more than 2 carts high because of protruding wheels, Toter carts can be stacked up to 6-8 carts high as they require fewer square feet. Toter carts can be delivered 3x more quickly than other brands by eliminating trips with more carts per load. Cities and haulers save between $2-3 per cart in fuel, truck usage and labor expenses due to Toter's nestability feature. Injection molders often claim this feature, but offer wheels that pivot/slide, or even still need wheels attached. Toter is the first container manufacturer to have introduced a new color option for the industry — Granite color bodies. This upscale look allows municipalities and haulers to provide a low cost, premium finish to highlight new automated container programs. Our 48 gallon size is often chosen for garbage, recycling or organics. A 64 gallon cart is 2/3 the volume of a 96 gallon cart, and many small quantity waste generators are stuck with 64 gallon carts that are still too big to meet their needs. The 48 gallon "half cart" matches the lower waste/recycling output of these customers. Lower handles (4.25" to 5" lower than our 64 gallon cart) makes tilting significantly easier for all users, including small and elderly residents, increasing user safety and reducing requests for exemption from rolling out carts to the curb. Our roll carts feature a patented "Rugged Rim®" — with an upper rim engineered as a closed tubular design, similar to square steel tubing, for maximum strength during collection. The rim serves as a ledge on which the lid rests to create a tight seal between body and lid, and it strengthens the upper lift point and all sides of the cart body. The lid and rim together create a tight seal to keep odors in, not attracting vermin. Toter carts and containers are an environmentally sustainable investment. Although our carts are the "World's Toughest CartsTM", and our carts last for 15-20+ years in active service life, Toter carts are 100% recyclable, supporting the recycling of retired carts for municipalities and sustainably closing the loop between new carts and retired carts with the recycling of retired carts, then molding back into new carts. As a leader in the environmental industry, we constantly strive to do our part in being both a good corporate citizen and a leader in new technology to improve our world. Fewer cart failures means fewer carts replaced to maintain a perpetual cart system, reduced vehicle traffic for service, and fewer pounds of raw materials (plastic and steel) consumed. We are also proud to offer more carts from the factory per truckload than most competitors (often with a higher level of assembly from the factory). This will reduce the amount of deliveries needed to fulfill your orders. In short, a more sustainable program results, yielding a reduced impact on our environment. In addition to our proven long service life and very low repair rate, key parts on Toter carts are interchangeable among our various cart sizes: sunburst wheels, stop bars, and lid hardware. This simplifies maintenance and reduces parts inventory/costs. We recognize the City's commitment to providing carts, parts, and services that will support the best cart for its citizens. Toter provides total cart fleet maintenance services, and Toter is currently servicing the City of Fort Worth, TX with a maintenance program for its entire cart fleet. Maintenance service options available include, but are not limited to: repairs, cart washing, swapping one cart size for another, management of cart inventory, and recycling of unusable carts or components, with response time from 2 to 5 business days. Besides roll carts, Toter has a complete line of 1, 2, 3 and 4 cubic yard plastic front load containers. Each container features: steel rod reinforcement, ribbed bottom wear chimes, double -walled lift pockets, integrated bumpers, and more. These features afford Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 customers with enhanced durability, maximum pocket strength, protection for longer life, and maximum space for custom signage. Our stackable design provides better truckload/shipment and storage efficiency and are even stackable/nestable when the container is fully assembled and ready for use! PROFESSIONAL PRODUCTS - Toter manufactures an entire line of Professional Products — commercial, industrial and specialized superior containers. Product offerings include Two -Wheeled and Caster Carts, Organics, Medical Waste and Secure Document Management Carts with standard single -wall or rotationally molded double -wall lids for sealing off medical waste and organics (wet) materials, and for securing confidential documents. These containers may be towable for additional efficiency and safety in moving waste. Toter offers Atlas commercial -grade, large -capacity, Rugged Rim® cans with a detachable lid and are fitted for dollies to roll and move materials smoothly. Slimline Containers and Litter Containers provide effective, sustainable waste collection for industrial, commercial and institutional inside and outside applications — and are available in a wide range of styles for varied environments. Cube Trucks, Tilt Trucks, and Mobile Trucks are perfect or moving large, heavy materials and waste to its final destination for use or disposal. Many containers in this line are also towable for efficient and safe movement to final disposal areas. You will find these various products in hospitals, colleges/universities, research facilities, manufacturing industries, store environments, offices, public streets, malls, sports arenas, convention centers, gas stations and convenience stores, and practically anywhere you may venture! Our Professional Products also include a comprehensive collection of commercial/industrial mobile and stationary lift units, to also include truck mounted lifters which are popular among haulers for municipal roll -cart collection. All are designed for safety (meeting all applicable ANSI Standards for safety and dimensions), and the lifters simply make work safer and easier. In short, our containers and accessories are always extremely flexible and impact - resistant, and easily handle the day-to-day abuse of waste collection. We promise that every cart, every can, and every product will be built for extreme toughness, extreme wear, and extreme purpose. They stand up to just about anything that's tossed in them — or at them! Choosing Toter means you will secure a partner you can depend on, now and in the future. Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 Table 9: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Item Question Response* 42 Do your warranties cover all products, parts, and Yes, certain product warranties cover products and parts, but not labor for labor? container repairs provided by Toter. 43 Do your warranties impose usage restrictions or Please see attached Toter warranties for full details and terms. Our other limitations that adversely affect coverage? warranties do not apply to any container which has been subjected to misuse, misapplication, negligence, alternation or accident. 44 Do your warranties cover the expense of Toter only replaces the warrantied item or component/part as a part for part technicians' travel time and mileage to perform replacement (replace failed wheel with a wheel, failed lid with a lid, failed warranty repairs? body with a body, etc.). Standard container warranties in the cart/container industry do not include repairs of containers, but only provide the parts for customers to make repairs. Toter does, however, offer a Full Service Cart Maintenance Program that is included in our products and service offerings section of this proposal. 45 Are there any geographic regions of the United Toter only replaces the warrantied item or component/part as a part for part States or Canada (as applicable) for which you replacement (replace failed wheel with a wheel, failed lid with a lid, failed cannot provide a certified technician to perform body with a body, etc.). Replacing product parts are simple and easy warranty repairs? How will Sourcewell actions, with most requiring only 3 minutes or less for repairs, thus not participating entities in these regions be provided requiring warranty repair services. For large fleets of roll carts owned by service for warranty repair? municipalities. Toter offers a Full Service Cart Maintenance Program that is included in our products and service offerings section of this proposal. 46 Will you cover warranty service for items made by Original equipment manufacturers warranty will apply and any service needed other manufacturers that are part of your proposal, will be coordinated with Toter through our standard warranty procedure. or are these warranties issues typically passed on to the original equipment manufacturer? 47 What are your proposed exchange and return Toter backs all products with its return and restocking policy. A Return programs and policies? Authorization Number must be obtained from Toter Customer Service (Phone — 800-424-0422 or 704-872-8171, and Fax — 704-930-1124) within five (5) days of receipt of goods and before merchandise may be returned for credit. Returns must be completed within sixty (60) days of invoice date. All transportation charges for returned merchandise must be PREPAID by the shipper. Returned saleable merchandise accepted by Toter for credit is subject to a 15% restocking charge. If any portion of the goods delivered to the Buyer are defective or are otherwise not in accordance with contract specifications, Toter shall have the right in its discretion either to replace such defective goods or to refund the portion of the purchase price applicable thereto. No goods shall be returned to Toter without Toter's written consent. Carts with custom markings cannot be returned. In no event shall Toter be liable for the cost of processing, lost profits, injury to goodwill or any other special incidental or consequential damages. 48 Describe any service contract options for the For large fleets of roll carts owned by municipalities, Toter offers a Full items included in your proposal. Service Cart Maintenance Program that is included in our pricing section of this RFP. The Maintenance Program may provide repairs for just Toter carts, or may also include maintenance of other brands of carts. Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 Table 10: Payment Terms and Financing Options Line Item Question Response* 49 What are your payment terms (e.g., net 10, net 30)? Toter, LLC standard payment terms are Net 30 Days if credit has been established. 50 Describe any leasing or financing options available for use As a benefit of being a Wastequip division, Toter provides a bridge by educational or governmental entities. to solutions for educational or governmental entities to find leasing and financing options through Wastequip Finance, with our finance partner, NCL Government Capital (NCL), the only leasing and financing company in the nation with a leasing and financing contract on Sourcewell (Contract #011620-NCL). We are pleased to offer NCL's over 20 years of specializing in providing competitive equipment financing programs for entities across the nation, providing Sourcewell members access to financing that multiplies their purchasing power potentially six -fold. We understand that funds aren't always available for new and adequate equipment, and the Tax Exempt Municipal financing offered by Wastequip Finance/NCL through Toter allows agencies to get that equipment now through manageable installment payments that come from their operating budget. We believe that Sourcewell, Toter/Wastequip Finance, and NCL have a common goal to provide solutions to Sourcewell members that will substantially alter the future for all in the most positive ways. Please also refer to a NCL flyer at the end of our file uploaded under "Pricing". 51 Briefly describe your proposed order process. Include Our general outline for order processing is: enough detail to support your ability to report quarterly 1. Toter prepares proposal documents based on product selection sales to Sourcewell as described in the Contract template. by Sourcewell Member For example, indicate whether your dealer network is 2. Sourcewell Awarded Contract logo quote is provided to the included in your response and whether each dealer (or Sourcewell member utilizing our SalesForce.com CRM system some other entity) will process the Sourcewell participating 3. Upon quote acceptance, the Sourcewell Member issues a entities' purchase orders. Written Purchase Order to Toter. 4. Order is inputted electronically into the Toter MACOLA order entry system. 5. Order details are confirmed in writing by the customer with an Order Confirmation and Markings Approvals Forms. 6. Once signed order acknowledgement is received, order is released for production. 7. Toter logistics team contacts Sourcewell Member to schedule delivery 9. Order is delivered to Sourcewell Member 10. Sourcewell Member is invoiced 11. Report of Sales is generated our of the Toter Macola order system for specific reporting periods as needed. 12. Sales from Macola are reported to Sourcewell, and administrative fee is paid per the percentage to be determined by time of Sourcewell Award/Contract (per contract established schedule). 52 Do you accept the P-card procurement and payment Toter accepts P-card procurements/payments. Our preferred method process? If so, is there any additional cost to Sourcewell of payment is wire, ACH or check. participating entities for using this process? Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. tm Question Response* Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 53 Describe your pricing model (e.g., line -item discounts or Toter Residential does not have set list pricing, therefore we are product -category discounts). Provide detailed pricing data offering a line item ceiling pricing model that is comparable to (including standard or list pricing and the Sourcewell other co-operative contracts and gives us the flexibility to price discounted price) on all of the items that you want competitively while allowing our dealer network to utilize the contract Sourcewell to consider as part of your RFP response. If (and they always prefer using the Sourcewell contract above other applicable, provide a SKU for each item in your proposal. co-operative contracts). Toter Pro Products pricing model is a Upload your pricing materials (if applicable) in the discount off list price. We have provided a detailed price list for document upload section of your response. all products and services that include model numbers and descriptions. Each price guide will include options available as upgrades to the base pricing for that specific product line. 54 Quantify the pricing discount represented by the pricing For Toter Residential, please refer to responses to questions 53 proposal in this response. For example, if the pricing in and 55. Toter Pro pricing model to Sourcewell is discounted at your response represents a percentage discount from 30% off of list price. MSRP or list, state the percentage or percentage range. 55 Describe any quantity or volume discounts or rebate Toter Residential has provided incremental volume discounts in our programs that you offer. pricing structure. We may offer discounts off the base price for large projects when possible, giving the customer the benefit of making larger purchases and permitting Toter the opportunity to be flexible in competitive situations as required. We believe that it will be to both Toter's and the Member's advantage for this contract to allow flexibility with larger quantity discounts. As such, we do not feel it is in either of our best interests to set prices for large projects but rather offer discounted pricing based on the details of each such project. Relevant details could include the quantity of each product size needed, project timing, and services included. 56 Propose a method of facilitating "sourced" products or We believe we have the broadest range of products and services related services, which may be referred to as "open for waste and recycling containers in the market and have included market" items or "nonstandard options". For example, you all our offerings in our proposal. As any new products are may supply such items "at cost" or "at cost plus a developed, we will reach out to Sourcewell and request those be percentage," or you may supply a quote for each such added to our contract. Any "sourced" products or related services request. will be offered to Sourcewell Members on a Supply Quote basis. We will provide the member with a quote for all items not listed on our Sourcewell contract (the 2% fee is and/or will be included in all Toter quoted prices, except for freight charges). 57 Identify any element of the total cost of acquisition that is We have tried to be extremely thorough in including pricing to cover NOT included in the pricing submitted with your response. all products, options and services a customer may need with the This includes all additional charges associated with a purchase of waste and recycling containers. However, due to the purchase that are not directly identified as freight or unique nature of our industry, there may be a few instances where shipping charges. For example, list costs for items like pre- the total cost of acquisition is not included in our proposal pricing. delivery inspection, installation, set up, mandatory training, 1. Installation: Due to the customized nature of our business, or initial inspection. Identify any parties that impose such each customer's project installation is unique, and therefore, quoted costs and their relationship to the Proposer. individually. Unique installations may include, and are not limited to requirements such as RFID tailored inventory and container management systems, interim storage of containers, additional labor for customer preferences, and more. Any of these products or services outside what we have provided in our proposal will be "Priced on Request". 2. Assembly and Delivery: Special needs for Assembly and Distribution related projects will be "Priced on Request" due to the unique needs of municipalities for each project at hand. the site, or "staging area", if provided by Toter, will be "Price on Request" also due to the unique needs of each project, in addition to wide price variables for locations. Cart Lifters for Residential Collection Vehicles can be installed with "Price on Request". Cart Lifters for Toter Pro Products will be quoted and installed with "Price on Request" due to the unique needs of each project. 3. Taxes - Local, State and Federal Sales or Use Taxes or any applicable ferry costs, customs duties, levies and taxes are not included in our proposed pricing models. If required, taxes will be added at time of quote and/or invoice. Also, Canadian GST/HST/PST taxes are not included in our proposed pricing models, and PST is not paid by Toter. If we are required to pay PST, then the Member will be required to reimburse Toter for these taxes. Any applicable taxes will be added to our quote and/or invoice. 4. Canadian members may require pricing to be provided in Canadian Dollars/Currency (CAD). While our pricing is listed in United States Dollars/Currency (USD), we are certainly able to provide the CAD equivalent pricing based on our USD Sourcewell price list and Foreign Exchange rates from Bank of Canada resources. Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 58 If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program. Toter has strategically located in the US which allows us to best service our customers. We have extensive import/export experience and an expansive logistics group available to assist Sourcewell Members. Toter is able to involve outside logistic companies to participate in shipping by freight hauler/common carrier, subcontracted off-loading, assembly, installation and distribution as required by the Member needs and demands. We will evaluate each order as a unique opportunity and consider the Sourcewell Member's order volume and location. Cost of shipping/delivery shall be paid by the End User. Calculations of the freight/delivery charges will be based on prevailing rates at the time of quote and included on quote as a separate line item. This cost will not include the 2% Administrative Fee. 59 Specifically describe freight, shipping, and delivery terms or We use a combination of contracted motor carriers and freight programs available for Alaska, Hawaii, Canada, or any forwarders to deliver shipments destined for locations such as (but offshore delivery. not limited to) Alaska, Hawaii, American Samoa, and Puerto Rico. We also have dozens of carriers already under contract that participate in delivering all modes of freight across the Canadian provinces. We have extensive import/export experience and an expansive logistics group available to assist Sourcewell Members. Toter is able to involve outside logistic companies to participate in shipping by freight hauler/common carrier, subcontracted off-loading, assembly, installation and distribution as required by Member needs and demands. We will evaluate each order as a unique opportunity and consider the Members' order volume and location. Note that Freight: Cost of shipping/delivery shall be paid by the End User. Calculations of the freight/delivery charges will be based on prevailing rates at the time of quote and included on the quote as a separate line item. This cost will not include the 2% Administrative Fee. 60 Describe any unique distribution and/or delivery methods or Toter has the ability to meet unique customer needs with Driver options offered in your proposal. Assistance (truck driver moves product to the entrance/exit of 53' truck for customer to remove off the trailer), lift gates (to meet special circumstances with no dock, etc.), combined loads (multi - stop capability to drop at up to 3 locations close together). For our Pro Products and individual customer orders (".COM" customers), we provide drop ship delivery. Obtained over decades, we have experience in the field delivering the assets to their final location -- a resident's dwelling. We offer all types of delivery, to include alley, curbside, up -to -door and special location deliveries per requirements of customers. We recognize that no two projects are alike and that every customer could have specific needs. That allows us to be flexible to meet those specific needs. We do this by thoroughly vetting the customer scope of work. In simple terms, "What are you trying to accomplish and what challenges do you foresee"? We believe that Data is King? Being able to discuss the project, with the customer, and to understand the data, allows us to customize our services to provide the best experience! We do not provide "cookie cutter" services, we provide solutions. Toter offers the industry's best and most unique delivery option, Fully Factory Assembled or "Ready to Roll". Member agencies can forget about missing parts, lack of available labor to assemble carts, and other normal assembly related issues. Because Toter carts nest when fully assembled, neat and safe stacks of 6 fully assembled carts high make the work of Public Works and Solid Waste Managers easier and more predictable. For member agencies who want to pay less freight per cart, our standard shipment of carts "2/3rd's Assembled" means that the only assembly is attaching the wheels after carts are delivered to member locations. Then the cost savings of Nestability kicks in as up to three (3) times as many fully assembled Toter carts will fit on a city delivery truck as compared to any other brand (none are fully Nestable). Table 12: Pricing Offered Item The Pricing Offered in this Proposal is: * Comments 61 c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing Except as otherwise departments. contractually obligated. Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 Table 13: Audit and Administrative Fee Line Item Question Response* 62 Specifically describe any self -audit process or program that you Toter discusses needs with the Sourcewell Member to plan to employ to verify compliance with your proposed Contract identify solutions and generate a quote that includes the with Sourcewell. This process includes ensuring that Sourcewell Sourcewell logo and Contract number/information of participating entities obtain the proper pricing, that the Vendor reference. Once the Member's Purchase Order is received, reports all sales under the Contract each quarter, and that the Toter enters the order coded as a "Sourcewell" sale into Vendor remits the proper administrative fee to Sourcewell. Macola, or order system. Quarterly, a report is generated from the order system and spot checked for accuracy by comparing to quotes from our Salesforce application to ensure the order was coded appropriately and included in the reporting. 63 Identify a proposed administrative fee that you will pay to Toter is proposing a 2% administrative fee that is calculated Sourcewell for facilitating, managing, and promoting the Sourcewell and included in the contract dollar amount for products listed Contract in the event that you are awarded a Contract. This fee in our pricing section. Please note that freight costs will not is typically calculated as a percentage of Vendor's sales under the be included in this fee. Contract or as a per -unit fee; it is not a line -item addition to the Member's cost of goods. (See the RFP and template Contract for additional details.) Table 14A: Depth and Breadth of Offered Equipment Products and Services Line Item 64 Question Provide a detailed description of the equipment, products, and services that you are offering in your proposal. Response* Toter, LLC is a Wastequip brand which is a manufacturer and marketer of high - quality plastic containers and related products, solely dedicated to the waste industry for residential, hauler, industrial, commercial and retail accounts. We are dedicated to the waste industry, not manufacturing for any other industry. Our products are built to last and manufactured using our Advanced Rotational Molding process, which results in "Built for Extremes" stronger, more durable products than those from injection -molded manufacturers. Our containers are categorized into two areas: RESIDENTIAL PRODUCTS AND SOLUTIONS - primarily for municipalities/government entities for waste collection. We "cart" entire cities, counties, townships, parishes, and regions with carts for refuse, recycling, organics, yard waste and other specialized needs. We offer the options and features to customize containers, and when combined with the advantages of Toter carts, our customers have successful waste programs. We also offer the options and services solutions to round out the customers' programs, with lifters to mount onto collection vehicles, special recycling lid features, and a seemingly endless list of available options, based on our long-term and current experience with customer needs. PRO PRODUCTS AND SOLUTIONS - primarily for industrial, commercial and institutional customers, we have designed containers and end -to -end solutions designed to safely and efficiently collect, transport and dispose of waste and recyclables. Our containers and waste handling equipment offer end -to -end solutions designed for educational, healthcare, food service, manufacturing, hospitality, convention centers, stadiums, public spaces, facility management, retail (back of house), construction, and more! For all our offerings, we specialize in consulting with our customers to create customized products and solutions, considering waste streams, volume, staffing, layout, footprint, flow, environmental requirements and storage limitations. Unlike competitors who may sell off -the -shelf products„ we specialize in consulting with our customers to create customized waste management solutions. We also offer technology solutions identified in later questions within this platform. Specific to Toter Residential Products and Solutions, we offer a wide range of services: Receiving and Unloading: Receive the loads as they arrive from Toter, per a predetermined ship schedule, then unload the stacks of carts and arrange them on the customer site by size and waste stream, if applicable. Assembly: Assemble the stacks of carts in preparation of delivery to the resident address listing, or for storage, as determined in the scope of work meetings. Assembled carts will be stacked according to size and waste stream, if applicable. Distribution: Distribution of carts to the service area residents as predetermined during scope of work meetings. Carts will generally be placed at the curbside of the appropriate address, unless special attention is called out during the scope meetings. Data Collection - Record Serial Numbers: Serial numbers of the cart delivered to a specific address will be recorded to the address listing provided Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 by the customer. This will assist customers in tracking their assets in the field. Upon completion of the project, we will provide customers with a completed address listing showing the appropriate serial number of the cart delivered to each address. This will be done when a single cart per address is delivered, as well as when multiple carts and streams are delivered to a single address. When project is complete, customer will have the most up to date data on assets and where they are located. Data Collection - RFID Scanning: RFID tags will be scanned, to the address listing provided by the customer per each cart delivered and associated to that particular address. When RFID tags are scanned as a delivery method, the following data will also be collected: RFID tag number, Serial Number, time stamp, and geo coordinates. This will assist customer in tracking their assets in the field. Upon completion of the project, we will provide customer with the completed address listing showing the appropriate data set of the cart delivered to each address. This will be done when single cart per address is delivered, as well as, when multiple carts and streams are delivered to an address. When project is complete, customer will have the most up to date data on assets and where they are located. Sticker/Label Application: A customer provided sticker/label will be applied to the cart/container as described in scope of work. This can be done on new project where all new carts receive label/sticker prior to distribution. Or, labels can be applied to carts that were previously in the field. Old Cart Retrieval: Old carts may be retrieved and brought back to the customer site for either future use or disposal (recycling). This service can be provided in conjunction with new cart deliveries to ensure no disruption of waste services. Additional items can be contracted: sorting of old carts to specifications, disassembly of carts to be recycled, loading of carts to be recycled onto trailers for transport to recycler. We would manage the whole process to provide a seamless solution for retrieval and disposal of any old carts. Route Audits: Route auditing service could include: auditing service levels, auditing income, route ID verification, waste characterization, lid flips, contamination material ID, etc. We would determine your route auditing needs and provide a plan and the associated crews to complete that plan. At the end of the project, the customer would have a cleansed route and all associated data points required to adequately understand those routes and how it is affecting their business. Commercial Bin Delivery: Delivery of commercial bin (FEL's and REL's) to all associated commercial addresses. Receiving of commercial bins and assembling commercial bins is also offered. Just as with the residential deliveries, a scope of work will be established to provide a comprehensive solution to your commercial bin needs. Commercial Bin Exchange: Exchange of commercial bins (FEL's and REL's) for all associated commercial addresses. This service provides delivery of new bins and removal of old bins at the same time. Receiving of commercial bins and assembling commercial bins is also offered. Just as with the residential deliveries, a scope of work will be established to provide a comprehensive solution to your commercial bin needs. Cart Maintenance: Cart Maintenance Services are offered to provide a seamless solution for all of the customer cart maintenance needs. From new deliveries, cart removals, cart repairs, and more, we provide piece of mind that all resident requests will be fulfilled within the agreed upon service level agreement. We provide inventory level management to ensure that you always have assets to keep each resident with the appropriate carts for waste disposal. Assist in managing warranty claims, and keeping all carts cleaned and prepped for return to service. Managing all parts associated with the cart inventory ensures a cost savings may be repurposing where appropriate. Having a cart maintenance provider will give you piece of mind and produce a cost savings. 65 Within this RFP category there may be Please see our answer to Question #64. Additionally, subcategories will address subcategories of solutions. List subcategory challenges with any customer by providing user-friendly containers to efficiently collect titles that best describe your products and waste, plus subcategories of solutions to provide effective automated services. collection/transportation/disposal systems/equipment and more. We can assemble, distribute and maintain entire fleets of containers. Container users experience elimination of potential injury and improved productivity with mechanical lifters/dumpers, towing and other options, choosing from a seemingly endless provision of solutions Our technology assists customers to manage cart fleets and container maintenance and inventory. As a service provider, we are prepared to offer any customized service needed. We realize that the waste industry encounters some interesting opportunities and we are willing to work with each customer to provide a solution to needs as thev arise. No iob is too Bio or too Small! Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 Line Item Category or Type Offered * Comments 66 Residential -sized refuse and recycling containers, r Yes Toter, LLC is a Wastequip brand which is a manufacturer and collection bins, dumpsters, and carts of principally r No marketer of high -quality plastic containers and related products, non-metallic composition solely dedicated to the waste industry for residential, hauler, industrial, commercial and retail accounts. We are dedicated to the waste industry, not manufacturing for any other industry. Our products are built to last and manufactured using our Advanced Rotational Molding process, which results in "Built for Extremes" stronger, more durable products than those from injection -molded manufacturers. Our containers are categorized into two areas: Residential Products and Solutions - primarily for municipalities/government entities for waste collection. We "cart" entire cities, counties, townships, parishes, and regions with carts for refuse, recycling, organics, yard waste and other specialized needs. We offer the options and features to customize containers, and when combined with the advantages of Toter carts, our customers have successful waste programs. We also offer the options and services solutions to round out the customers' programs, with lifters to mount onto collection vehicles, special recycling lid features, and a seemingly endless list of available options, based on our long- term and current experience with customer needs. Pro Products and Solutions - primarily for industrial, commercial and institutional customers, we have designed containers and end -to -end solutions designed to safely and efficiently collect, transport and dispose of waste and recyclables. Our containers and waste handling equipment offer end -to -end solutions designed for educational, healthcare, food service, manufacturing, hospitality, convention centers, stadiums, public spaces, facility management, retail (back of house), construction, and more! 67 Commercial and institutional -sized refuse and r Yes Toter, LLC is a Wastequip brand which is a manufacturer and recycling containers, collection bins, dumpsters, and r No marketer of high -quality plastic containers and related products, carts of principally non-metallic composition solely dedicated to the waste industry for residential, hauler, industrial, commercial and retail accounts. We are dedicated to the waste industry, not manufacturing for any other industry. Our products are built to last and manufactured using our Advanced Rotational Molding process, which results in "Built for Extremes" stronger, more durable products than those from injection -molded manufacturers. Our containers are categorized into two areas: Residential Products and Solutions - primarily for municipalities/government entities for waste collection. We "cart" entire cities, counties, townships, parishes, and regions with carts for refuse, recycling, organics, yard waste and other specialized needs. We offer the options and features to customize containers, and when combined with the advantages of Toter carts, our customers have successful waste programs. We also offer the options and services solutions to round out the customers' programs, with lifters to mount onto collection vehicles, special recycling lid features, and a seemingly endless list of available options, based on our long- term and current experience with customer needs. Pro Products and Solutions - primarily for industrial, commercial and institutional customers, we have designed containers and end -to -end solutions designed to safely and efficiently collect, transport and dispose of waste and recyclables. Our containers and waste handling equipment offer end -to -end solutions designed for educational, healthcare, food service, manufacturing, hospitality, convention centers, stadiums, public spaces, facility management, retail (back of house), construction, and more! 68 Lift and tipping solutions for stationary carts and r Yes Toter also offers lift and tipping solutions for attachment to dumpsters f No collection vehicles and as stationary units which collect and remove waste from roll carts located at households and commercial properties and buildings. Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 69 Technology solutions related to the management of, r: Yes Toter offers our technology solutions for cart and container or planning for, collection of refuse and recycling r No deliveries and the subsequent management of these assets. materials from containers of the type described in The combination of a web -based operations management RFP Section 1. a - b. software and a mobile workforce App allows planning and execution of deliveries, work orders and service requests highly efficient. Major features of the technology offering are Assembly & Distribution Management, Inventory Management as well as Solutions to execute services in the field (Work Orders, Service Requests, etc.). This solution also provides data visualization and data reporting tools. The web -based Software solutions covers all required processes for delivery of carts and containers, as well as asset management. In addition to this, Wastequip's technology solution comes with a mobile App and the required Hardware (Scanner with RFID and Barcode Reader) to perform services in the field. Service Verification data can be collection by the means of a truck -mounted RFID System, which delivers positive verification (RFID Reads), GPS Positions as well as date and time information of the service verification. These data are visualized in the web -based platform. Table 15: Industry Specific Questions Line Item Question Response* 70 If you are awarded a contract, provide a Toter develops monthly, quarterly and annual targets to drive business to include few examples of internal metrics that will municipal sales. This is tracked closely to make sure our sales team is proactively be tracked to measure whether you are working to meet theses goals. We will also run quarterly reports specific to sales off having success with the contract. the contract to review and compare to prior sales history. 71 Describe your organization's approach to Data Collection - We collect data in order to provide our goods and services, to the collection, storage, usage, ownership, process requests received (including warranty requests), and to provide support. We and rights of customer data that is do not knowingly collect personal information from children under 13 years of age. gathered in the normal course of business. Additional reasons for data collection may be viewed in our Privacy Policy at www.wastequip.com/privacy-policy. This data may include personally identifiable information such as name, postal address, e-mail address, and telephone number. Information collected automatically by our website or systems may include usage details, IP addresses, browser type, operating system and information collected through cookies, web beacons, and other tracking technologies. Storage - Information you provide to us is stored on our systems using, at a minimum, industry standard data security practices. Any payment transactions are processed through third party providers using SSL and other encryption technology. Data - We use information that we collect, including any personal information to provide information, products, or services that are requested from us. We provide our third -party vendors, service providers, and contractors with information in order to service our accounts or provide repair/warranty services for products purchased from us. Ownership and Rights - Wastequip customers own their own personal data. Wastequip follows all applicable local, state, and federal privacy laws including the California Consumer Privacy Act (CCPA). Customers and others may contact Wastequip at any time to confirm, correct, or delete their personal information provided to us as allowed by applicable law. The above represents a summary of key Privacy Policy terms relevant to Sourcewell's Participating Agencies. Please visit www.wasetquip.com to view our full Privacy Policies. 72 Explain your organization's approach to We have implemented measures designed to secure personal information and other data protection and access. data from accidental loss and from unauthorized access, use, alteration, and disclosure. Only authorized Wastequip personnel have access to the data on our Wastequip servers. We follow strict procedures to ensure that all data is transmitted between systems securely (HTTPS, TLS, etc.). All Wastequip systems, including servers, firewalls, switches, etc., are updated, secured (physically and logically), and systems are continually monitored to protect against unauthorized access of sensitive data. Any decommissioned hardware is required to have all hard drive wiped in accordance with our policies. Data collected by or provided to Wastequip is shared with Wastequip contractors, service providers, and other third parties when needed or required to fulfill contractual obligations with our customers. We strive to ensure that our third -party providers provide at least the same level of data protection as we do. Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 73 Describe how your offering encourages The Recycling Partnership's latest report on the state of curbside recycling shows that increased participation in recycling and cart collection can increase the weight of recyclables collected by almost 30% (pg 18) diversion programs. so purchasing any cart increases recycling participation, improves efficiency for haulers, and fosters single -stream, which is easier for consumers. Curbside recycling programs depend on resident participation, and resident participation depends on education and convenience. Purchasing a Toter cart further improves recycling participation, because Toter's rotomolded carts are more durable. With an ultra -low warranty claim rate of 0.3%, Toter customers rarely encounter issues with our carts. Additionally, Toter customers report an average service life much longer than the 9 years of average service life of competitor carts owned by surveyed entities, dramatically lowering the carbon footprint by longevity alone. Toter carts also feature a best -in -class tilt -to -roll ratio, which means residents can maneuver their Toter cart with ease. With high quality equipment, residents can focus on what to put in their carts, not replacing them or working with faulty equipment. Higher durability and fewer warranty claims mean a lower carbon footprint, but equally important, mean a lower total cost of ownership for municipalities, which can allow municipalities to invest more of their budget in education and outreach programs to improve recycling. Cart colors and graphics are the primary education points for residents. Toter carts are available in a variety colors that can help distinguish different streams for waste and recyclables. Additionally, Toter offers a variety of options for cart graphics to educate residents about acceptable recyclables. Toter also offers cart colors and sizes for collecting organic waste, and their durability is well -suited to handle heavier food waste. 74 Identify if your offered technology solutions Wastequip's technology solutions for Assembly & Distribution as well as Asset are available through mobile device Management and Service Verification are available through a web -based Platform and applications and with what operating thus are compatible with the majority of modern operating systems. The recommended systems they are compatible. browsers are GOOGLE CHROME or FIREFOX. In addition to this, the mobile App is available for modern ANDROID Systems. This App is used by crews in the field to perform Work Orders, Service Requests or Deliveries. RFID Scanning requires specific hardware which is available through this contract. 75 Describe any design and manufacturing Advanced Rotational MoldingTm eliminates built-in stress, weakness and brittleness processes or materials utilized that associated with injection molded products, and increases durability. Toter carts are the contribute to product attributes such as only rotomolded carts on the market and consistently show up as the most durable. longevity, ease of use, safety, or reduced In 2020, we commissioned a survey of more than 100 municipalities and life cycle costs. waste haulers and a lifecycle analysis (LCA) of a Toter cart over its entire life, to better understand our carbon footprint and help us set the most impactful goals to reduce our carbon footprint. Toter consistently delivers on durability with customers reporting service life much longer than the 9 years of average service life of competitor carts owned by surveyed entities, dramatically lowering the carbon footprint by longevity alone, plus the added advantage of recycled resin inclusion listed below. Toter's ultra -low warranty claim rate (0.3%), ease of repair and recyclability help reduce the raw material consumption and resources required to produce new carts and ensure that residents are able to use our products with fewer issues. Reducing the amount of virgin resin that we use in manufacturing is one of the most important ways we can lower our environmental impacts. We believe in continuously improving our efficiency with our own scrap material and using recycled material from reliable sources, whether from end -of -life consumer waste or other plastic manufacturers. We also recognize that purchasing recycled content from consumers through curbside (or residential) recycling programs supports the businesses and markets that drive recycling programs providing both economic and environmental benefit to local communities. As we strive to replace virgin resin in our products with as much recycled content as possible while maintaining durability, we are guided by standards and definitions directed by regulations such as 40CFR Part 247 and industry partners like The Recycling Partnership and the Association of Plastic Recyclers: Post Consumer Recycle (PCR) - 40 CFR, 247.3 Definitions: Postconsumer material means a material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed its life as a consumer item. Postconsumer material is a part of the broader category of recovered materials. Recovered Materials — 40 CFR, 247.3 Definitions: Recovered materials means waste materials and byproducts which have been recovered or diverted from solid waste, but such term does not include those materials and byproducts generated from, and commonly reused within, an original manufacturing process. Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract Text. Line Item 76. NOTICE: To identify any exception, or to request any modification, to the Sourcewell template Contract terms, conditions, or specifications, a Documents Ensure your submission document(s) conforms to the following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." • Financial Strength and Stability - Toter Answer #9 - Financial Strength and Stability (4-2021).pdf - Wednesday April 14, 2021 15:18:21 • Marketing Plan/Samples - Toter Answer #32 - Marketing Samples.pdf - Wednesday April 14, 2021 15:18:37 • WMBE/MBE/SBE or Related Certificates (optional) • Warranty Information - Toter Answers #42-#48 - Warranty and Warranty Claims.pdf - Wednesday April 14, 2021 15:18:53 • Pricing - Toter Price List for Sourcewell 041521 (with Price Adj, Leasingj) 4-15-2021.pdf - Wednesday April 14, 2021 15:19:47 • Upload Additional Document - Toter Answers #64, #65 - Toter Products.pdf - Wednesday April 14, 2021 15:20:42 Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 Proposer's Affidavit PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: 1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury_gov/ofac/downloads/sdnlist.pdf; 2. Included on the government -wide exclusions lists in the United States System for Award Management found at: https://sam.gov/SAM/; or Bid Number: RFP 041521 Vendor Name: Toter, LLC DocuSign Envelope ID: A510278C-A351-4E34-B535-9A3AB79ECE90 3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. r By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Laura Hubbard, Director of Municipal Sales, Toter, LLC The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes a No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed the File Name below addendum and Pages attachments (if applicable) Addend um_4_Plastic Refuse_Recycling_Containers_RFP_041521 1 Wed March 17 2021 03:40 PM Addendum _3_ Plastic _Refuse_Recycling_Containers_RFP_041521 1 Mon March 8 2021 09:41 AM Addendum _2_ Plastic _Refuse_Recycling_Containers_RFP_041521 F 1 Fri March 5 2021 04:19 PM Addendum _1_ Plastic _Refuse_Recycling_Containers_RFP_041521 1 Mon March 1 2021 04:31 PM Bid Number: RFP 041521 Vendor Name: Toter, LLC Sourcewell F10 Rehrig Pacific Company #041521-REH Pricing for contract #041521-REH offers Sourcewell participating agencies the following discounts: ■ Rehrig's pricing is volume -tiered based on ceiling pricing that leaves the opportunity to receive more competitive pricing on larger strategic opportunities I Appendix C- PRICING SCHEDULE FOR PARTICIPATING PUBLIC AGENCIES l� Quantity Breaks Unit Pricing Schedule ef�rig �acifu Qompanp � � � Pricing Sheet for RFP-00254 January 1, 2025 Price Notes: NOTE: Pricing includes a comprehensive menu of containers, technology and services for agencies to customize their specific container needs for their municipality/agency. As such, All pricing is FOB: Destination - Rehrig will bill Unit Price + actual freight for all orders. each project must be priced individually. Please contact your Program Mgr to connect you with your Rehrig Pacific sales rep, or contact your Rehrig Pacific sales rep directly to review Lead Time for all orders is 31-60 Days after receipt of order. the options and pricing so that all of your needs and questions are met. For additional information, please email Customerservice@Rehrig.com or call (800) 421-6244. All products can be manufactured with up to 30% Recycled Polyethylene. ecycling Bins Pa rt# Part Wght JAN 2025 Revised Unit Price 112-250 JAN 2025 Revised Unit Price 251-500 JAN 2025 Revised Unit Price 501-1000 JAN 2025 Revised Unit Price 1001+ #of Units in Truckloa 14-Gallon, Curbside, Rectangular RB-14 (RB_N) 4 $ 9.63 $ 9.19 $ 8.79 $ 8.41 6000 18-Gallon, Curbiside, Rectangular RB-18 (RB-NL) 4.4 $ 11.25 $ 10.73 $ 10.24 $ 9.79 4800 25-Gallon, Curbisde, Round Round Can-25 8.5 $ 22.80 $ 21.73 $ 20.72 $ 19.79 1456 32-Gallon, Curbside, Round Round Can-32 9.5 $ 24.26 $ 23.14 $ 22.09 $ 21.12 1456 4 Gallon, Office ORB-4G 1.5 $ 6.36 $ 6.01 $ 5.69 $ 5.40 14000 6-Gallon, Apartment ARB-6G 2.2 $ 7.24 $ 6.87 $ 6.53 $ 6.211 10920 Food Waste Collection Container - 2 Gallon FWC-2G 1.73 $ 6.74 $ 6.38 $ 6.05 $ 5.741 14000 Options Lid with ut Outs - fits 25 & 32 Gallon can - Min Order 251 RB Lid Cut Outs 1.9 $ 9.32 $ 8.87 $ 8.45 $ 8.06 Lid without Cut Outs - fits 25 & 32 Gallon can - Min Order 251 RB Lidw out Cut Outs 1.9 $ 8.11 $ 7.73 $ 7.37 $ 7.04 Customized Logos -One Time Set Up Fee for Custom Brand Plate. Min. order of 250 bins. Fee is for logo only; there is no fee for imprinting brand onto bins. RB Brand Plate n/a $350.00 Min. Order 250 $ 350.00 $ 350.00 $ 357.00 Residentialarts or Recycling, Waste, and OrganicsNard Waste Collection Part # Part Wght JAN 2025 Unit Price 112.485 JAN 2025 Unit Price 48e-10,000 JAN 2025 Unit Price 10,001-19,999 JAN 2025 Revised Unit Price 20,000+ Number of Units in Truckload Unif Price for 1 x purchase orannual volume wifhing range. Orders fo be in frkld quantities 35 Gallon Wheeled Carts for Recycling, MSW, Organics ROC-35EG 17 $ 52.10 $ 49.52 $ 47.12 $ 45.48 1080 35 Gallon Wheeled Cart for Recycling, MSW, Organics ROC-35MB 17.9 $ 52.77 $ 50.20 $ 47.79 $ 46.16 1080 65 Gallon Wheeled Cart for Recycling, MSW, Organics ROC-65U/NB 27.5 $ 67.51 $ 64.44 $ 61.58 $ 59.63 648 95 Gallon Wheeled Cart for Recycling, MSW, Organics ROC-95NB 34.1 $ 77.36 $ 73.98 $ 70.81 $ 68.66 486 95 Gallon Wheeled Cart for Recycling, MSW, Organics ROC-95EG 29.5 $ 73.91 $ 70.53 $ 67.36 $ 65.21 702 18 Gallon Wheeled Carts for Organics ROC-18 17.6 $ 54.08 $ 51.41 $ 48.91 $ 47.21 20 Gallon Wheeled Carts for Organics ROC-20 17.6 $ 54.08 $ 51.41 $ 48.91 $ 47.21 -700 40 Liter Wheeled Carts for Organics ROC-40L 7.5 $ 25.48 $ 24.19 $ 22.97 $ 22.15 -1000 Bear Resistant Roll -Out Carts 7RIC911.ar Price Uni315,5+ 95 Gallon Bear Cart - added Oct 2017 37 $ 425.00 $ 365.00 315 Options RFID Tag with min. order of 112 ROC-RFID Tag n/a $ 1.25 $ 1.00 $ 0.90 $ 0.77 Customized Logos -One Time Brand Plate Set Up Fee Min. order of 200 carts. Fee is for brand plate only; there is no fee for imprinting brand onto carts. ROC Brand Plate n/a $650.00 Min. Order 200 $ 650.00 $ 650.00 $ 650.00 Custom Colors. Add cost to cart price Custom Colors n/a Not Available +$1.75 +$1.25 +$0.75 Treaded Wheels. Add cost to cart price Treaded Wheels n/a +$2.00 +$1.75 +$1.50 +$1.50 In -Mold Labels (IML) Less than a T/L *9 Colors or Less More Colors or Less 35-Gallon IML (3.25" x 11") $3.78 $1.94 65 or 95-Gallon IML (8" x 12") $3.98 $1.99 32-Gallon/100 Liter IML $3.82 $1.94 Specialty No an n-Mold Labels 5.897" x 15.4" $4.66 $2.33 9.5" x 14.5" $6.23 $3.11 ontainer Buy Back Credit Rehrig will buyback scrap containers less freight costs at the established per pound rates below. Credits to be issued to customer returning containers. Truckload volume preferred to maximize payout. HDPE (Rehrig, Otto, Cascade and Schaefer) No credits will be issued for warrantied containers RGO01 H n/a Credit $0.05-$0.08 per pound less freight LDPE (Toter) RG001 L n/a No Offer Other Scrap (miscellaneous returns) RG001O n/a No Offer Part ervice Offering Part # JAN 2025 Wght Unit Price Assembly and Distribution to residents. Min. order of 3000 deliveries. Pricing is for a franchise delivery to every house within 246641 a community. Customer must provide staging yard, electronic address list and delivery maps. n/a 1 $8.00 per cart Assembly and Distribution to residents. Min. order of 3000 deliveries. Pricing is for a subscription delivery. Customer must 246641 provide staging yard, electronic address list and delivery maps. n/a $10.00 per cart JUL 2022 Price Range for all quantities. Min. Order may apply. Route Audit. Min. homes needed 5000. Price is a range due to multiple parameters and will be determined once a questionnaire 246633 for a scope of services is completed. n/a $3.00 per home Work Orders. When Rehrig resources are in the area or a 246633 $2000 per crew minimum of 3 days of work required. n/a per day Work Orders after performing Assembly and Distribution. customer must provide electronic work order list and all 246633 $2000 per crew parts/components for completion of work orders n/a per day Container Reclamation. Franchise container reclamation and customer provides staging area, electronic address list, and route 292656 $9.00 per cart per maps. Price will be determined once a questionnaire is complete n/a attempt Residential UHF RFID Retrofit. Min. 5000 residential containers. Pricing does not include RFID tag. Service is also 246633 available for commercial containers and final price will be $7.25 per cart per provided upon completion of a questionnaire. n/a attempt Commercial UHF RFID Retrofit. Pricing does not include RFID tag and final price will be provided upon completion of a 246633 $30.00 per nuestionnaire. n/a container/attempt Container Maintenance Estimated Rate. Pricing provided for two employee, two trucks, working out of the customer facility for no additional cost. Final price will be determined upon completion 250544 of questionnaire, site visit, and customer Service Level $35,000 per month Agreements. Minimum three year agreement. for 35 work orders per day, drive up to n/a 125 miles per day. MAILER PRINTING. Mailer Design, printing, and outbound 404515 $7 postage. Minimum 2,000. Per Postcard n/a MAILER POSTAGE. USPS Postage for returned mailer 404523 $0.90 nnstcards_ Per nnstnard suhmissinn_ n/a MAILER POSTCARD PROCESSING FEE. Collection of Mailers at the PO box, enter resident selection in database. Per postcard submission 404507 n/a $1 WEBSITE SETUP. Website Design, custom renders, selection setup. 403441 n/a $4,000 WEBSITE HOSTING FEES. Cloud Database Hosting. Minimum 1 month. Per month. 404460 n/a $400 WEBSITE ONLINE SIGNUPS. Server data extraction of website resident responses. Per website submission 404486 n/a $0.60 Technology Offerings Part ID Part WghtVision U it/User Notes SAAS—WOI Desktop User 303087 $250 Per Desktop user per month. Minimum of 2 Users Per Month. Vision SAAS—WOI Mobile User 303095 $275.00 Per Mobile user per month. Customer Provided iOS/Android Smart Phone of Tablet Required Implementation Services 246684 $2,000/day 2 days minimum for initial implementation. Installation of hardware and additional training beyond 2 days will be quoted by the TPM for resources. Pricing is $2,000 per TPM per day. Estimated installation of two trucks per person per day. Vision Database Setup 287283 $2,500.00 1 minimum for initial implementation. Vision Database Setup. Address scrubbing and import Vision SAAS—SV Truck 302279 $150.00 Per truck per month. Rehrig RFID Reader Hardware Required Vision RFID Reader 246570 $9,900.00 Includes One -Year Warranty, power cable, antenna Observation Panel Kit 434108 $1,500.00 Includes Observation Panel and cable Vision SAAS—SV Desktop User 303079 $250.00 Per Desktop user per month. Minimum of 2 Users Per Month. Big Data Analytics Feature Included Analytics Solution Add On 509000 $50.00 Per Desktop user per month. Only applicable to legacy customers before Big Data Analytics become standard with our desktop pricing. Vision SAAS— ICT Desktop User 303204 $250.00 Per Desktop user per month. Minimum of 2 Users Per Month. Big Data Analytics Feature Included Vision SAAS— ICT Mobile User 303191 $275.00 Per Mobile user per month. Customer Provided iOS/Android Smart Phone of Tablet Required Vision SAAS-CR Desktop 531039 $1,200.00 Per Desktop user per month. Vision SAAS- CR Mobile 531047 $275.00 Per Mobile user per month. Collection Route Optimization 531522 Pricing Varies Per Project Vision SAAS VV Desktop 531063 $200.00 Per Desktop user per month. Minimum of 2 Users Per Month. Vision SAAS- VV Truck 531071 $200.00 Per truck per month. Rehrig RFID Reader Hardware and Camera VV Kit Required Camera VV Kit 531021 $2,000.00 2 bundle camera set. Rehrig RFID Reader Hardware required. Printed Barcode Label 246431 $5.00 Printed Barcode label. Printed Barcode/RFID Label 246406 $5.00 Printed Barcode/RFID Label Commercial Container RFID Tags 246406 $25.00 Commercial Container RFID Tags Antenna/Annunciator 346502 $600.00 External GSM/GPS/WiFi Antenna 50' Power Cable 302501 $187 50' Waterproof Power Cable to 12V DC Truck 75' Power Cable 302519 $290 75' Waterproof Power Cable to 12V DC Truck 100' Power Cable 302527 $320 100' Waterproof Power Cable to 12V DC Truck 50' Observation Cable 246481 $320 50' Observation cable compatible with 3 button observation panel 80' Observation Cable 1246490 1 $545 70' Observation cable compatible with 3 button observation panel Mounting Bracket 303360 $320 Adjustable mounting bracket for rear load trucks Service Request Website 509026 n/a Costs vary based on customer requirements. Website Maintenance 509018 n/a Costs very based on customer requirements. Communication Service 508998 n/a Costs vary based on customer requirements (location in US or Canada, volume, etc.) Communication Service SMS 508947 $0.04 Price per sms (text). Communication Phone Calls 508955 $0.04 Price per minute (pre-recorded phone call). Communication Email 508963 $0.004 Price per email over allowable 100,000 emails per month. 100K Communication Email 511142 $400.00 Price per month for 100,000 emails. Look up 516980 $0.04 Per look up. Answering Machine Detection 516998 $0.04 Per answering machine detection. FMDPS - Device 509034 $800 Fleet management & Driver Performance hardware device FMDPS - Seatbelt Sensor 509051 $100 Seatbelt sensor FMDPS - Cell Service 508980 $35 Fleet management & Driver Performance monthly cell service FMDPS - Camera 509042 $500 Camera hardware — outward & inward facing camera FMDPS - Camera Cell Service 517190 $35 Camera monthly cell service Software Development 246625 $300 Custom Development Cost Data Handling 395284 $150 Data Handling Technology Bundling Offerings Part ID Part Wght Price Unit/User Notes VISION 3 USER TEAMS TRAINING 589935 $1,020 up to 3 users can be desktop or mobile with a 3 hours virtual training and yearly maintenance VISION 3 USER ONSITE TRAINING 589943 $1,295 up to 3 users can be desktop or mobile with onsite training and yearly maintenance VISION 5 USER TEAMS TRAINING 589951 $1,520 up to 5 users can be desktop or mobile with a 3 hours virtual training and yearly maintenance VISION 5 USER ONSITE TRAINING 589960 $1,795 up to 5 users can be desktop or mobile with onsite training and yearly maintenance VISION 10 USER TEAMS TRAINING 589978 $2,770 up to 10 users can be desktop or mobile with a 3 hours virtual training and yearly maintenance VISION 10 USER ONSITE TRAINING 589986 $3,045 up to 10 users can be desktop or mobile with onsite training and yearly maintenance VISION 15 USER TEAMS TRAINING 589994 $4,020 up to 15 users can be desktop or mobile with a 3 hours virtual training and yearly maintenance VISION 15 USER ONSITE TRAINING 590004 $4,295 up to 15 users can be desktop or mobile with onsite training and yearly maintenance VISION 20 USER TEAMS TRAINING 590012 $5,270 up to 20 users can be desktop or mobile with a 3 hours virtual training and yearly maintenance VISION 20 USER ONSITE TRAINING 590021 $5,545 up to 20 users can be desktop or mobile with onsite training and yearly maintenance VISION TRUCK SERVICE 590101 $250 Truck service for RFID reader and/ or cameras VISION RFID READER 590266 $10,650 Vision RFID Reader (Reader Kit includes accessories and installation) VISION RFID READER OBS 590274 $11,400 Vision RFID Reader (Reader Kit includes accessories, OBS Panel, and installation) VISION RFID READER OBS 1CAM 590282 $13,650 Vision RFID Reader (Reader Kit includes accessories, OBS Panel, 1 Camera and installation) VISION RFID READER OBS 2CAM 590291 $14,150 Vision RFID Reader (Reader Kit includes accessories, OBS Panel, 2 Camera sets and installation) VISION RFID READER RL 590303 $10,970 Vision RFID Reader (Reader Kit includes accessories, brakets and installation) VISION RFID READER RL OBS 590311 $12,470 Vision RFID Reader (Reader Kit includes accessories, brakets, OBS panels, and installation) VISION RFID READER RL OBS 1CAM 590320 $13,970 Vision RFID Reader (Reader Kit includes accessories, brakets, OBS panels,1 camera, and installation) VISION RFID READER RL OBS 2CAM 590338 $14,470 Vision RFID Reader (Reader Kit includes accessories, brakets, OBS panels,2 camera, and installation) lastic Litter Containers (PLC's) Part Part Wght JAN 2025 1.100 Price of PLC's JAN 2025 JAN 2025 JAN 202 Price of Priceo Price of 101-250 PLC's 51.500 PLC's 501+PLC's Public Litter Container-60 Gallon PLC-60 60 $ 406.00 $ 406.00 $ 406.00 $ 406.00 Public Litter Container-75 Gallon PLC-75 74 $ 438.00 $ 438.00 $ 438.00 $ 438.00 Mold on Graphics. Min order of 240 for either size PLC ommercial Contai Pricing includes (2) lids, (4) Casters 2 Yard Front Load PLC-MOG Part # CC-2YFL n/a Wght 184.4 n/a J Price for 1.20 $ 892.00 n/a $25.00 per label 25.00 per label $ 878.00 $ 878.00 42 3 Yard Front Load CC-3YFL 199.4 $ 905.00 $ 887.00 $ 887.00 36 4 Yard Front Load CC-4YFL 254.8 $ 1,034.00 $ 1,020.00 $ 1,020.00 20 2 Yard Rear Load 3 Yard Rear Load DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 041521-REH Sourcewell q4l' Solicitation Number: RFP #041521 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Rehrig Pacific Company, 4010 E. 261" Street, Los Angeles, CA 90058 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Plastic Refuse and Recycling Containers with Related Technology Solutions from which Vendor was awarded a contract. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires May 28, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. Rev. 10/2020 DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 041521-REH All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the Vendor's warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor's authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time -to -time and is incorporated into this Contract by reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable Rev. 10/2020 DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 041521-REH time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax - exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At anytime during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing Rev. 10/2020 DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 041521-REH restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor's employees maybe required to perform work at government - owned facilities, including schools. Vendor's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. Rev. 10/2020 DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 041521-REH Vendor's acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry -specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. Rev. 10/2020 DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 041521-REH B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: • Customer Name (e.g., City of Staples Highway Department); • Customer Physical Street Address; • Customer City; • Customer State/Province; • Customer Zip Code; • Customer Contact Name; • Customer Contact Email Address; • Customer Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Rev. 10/2020 6 DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 041521-REH Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their Rev. 10/2020 DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 041521-REH respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master -servant, or principal -agent. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. 12. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT /_A1►1r1INxi1rRL111111a091all 2 WA 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Vendor a royalty -free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Vendor. b. Vendor grants to Sourcewell a royalty -free, worldwide, non-exclusive right and license to use Vendor's Trademarks in advertising and promotional materials for the purpose of marketing Vendor's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. Rev. 10/2020 DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 041521-REH a. Sourcewell must not alter Vendor's Trademarks from the form provided by Vendor and must comply with Vendor's removal requests as to specific uses of its trademarks or logos. b. Vendor must not alter Sourcewell's Trademarks from the form provided by Sourcewell and must comply with Sourcewell's removal requests as to specific uses of its trademarks or logos. c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's Trademarks only in good faith and in a dignified manner consistent with such party's use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 14. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. Rev. 10/2020 DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 041521-REH 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non -defaulting party may: Rev. 10/2020 10 DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 041521-REH • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products -completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products -Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non -owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit Rev. 10/2020 11 DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 041521-REH 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers' Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data — including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Milli T1 u.0 u $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other Rev. 10/2020 12 DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 041521-REH insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self -insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self -insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all Rev. 10/2020 13 DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 041521-REH references to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Vendor's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FIR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis -Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of Rev. 10/2020 14 DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 041521-REH not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any Rev. 10/2020 15 DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 041521-REH 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. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Rev. 10/2020 16 DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 041521-REH 22. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell DocuSigned by, E %Wayf,� By: C9FD2A139D06489... Jeremy Schwartz Title: Chief Procurement Officer 5/26/2021 1 2:29 PM CDT Date: Approved: E DocuSigneedby,y By: 7E42BSF817A64CC... Chad Coauette Title: Executive Director/CEO 6/30/2021 1 10:50 AM CDT Date: Rehrig Pacific Company �Do�ccuS�iigned by: vLI' t� rittk By: C842979228F64BB... Derek Fields Title: Senior Vice President of Sales Date: 6/30/2021 1 10:47 AM CDT Rev. 10/2020 17 DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 RFP 041521 - Plastic Refuse and Recycling Containers with Related Technology Solutions Vendor Details Company Name: Rehrig Pacific Company Does your company conduct business under any other name? If CA yes, please state: 4010 E. 26th Street Address: Los Angeles, CA 90058 Contact: Jack Weber Email: jweber@rehrig.com Phone: 949-254-5781 HST#: 95-4608797 Submission Details Created On: Thursday February 25, 2021 10:22:57 Submitted On: Monday April 12, 2021 13:29:22 Submitted By: Jack Weber Email: jweber@rehrig.com Transaction #: 119a00de-0271-41 a7-9a92-6cd0223da697 Submitter's IP Address: 68.5.83.197 Bid Number: RFP 041521 Vendor Name: Rehrig Pacific Company DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 Specifications Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/K if the question does not apply to you (preferably with an explanation). Line Item Question Response" 1 Proposer Legal Name (and Rehrig Pacific Company applicable d/b/a, if any): 2 Proposer Address: Rehrig Pacific Company 4010 E. 26th Street Los Angeles, CA 90058 (Headquarters) 3 Proposer website address: www.Rehrig.com 4 Proposer's Authorized Raj Luhar Representative (name, title, Chief Financial Officer address, email address & phone) 4010 E. 26th Street (The representative must have Los Angeles, CA 90058 authority to sign the "Proposer's RLuhar@rehrig.com Assurance of Compliance" on (323) 262-5145 behalf of the Proposer and, in the event of award, will be expected to execute the resulting contract): 5 Proposer's primary contact for this Jack Weber proposal (name, title, address, National Account Manager- Municipal Sector email address & phone): 4010 E. 26th Street Los Angeles, CA 90058 jweber@Rehrig.com (949) 254-5781 (mobile) 6 Proposer's other contacts for this Rebecca Vara proposal, if any (name, title, Director of Sales address, email address & phone): 4010 E. 26th Street Los Angeles, CA 90058 RVara@Rehrig.com (610) 909-5099 (mobile) Table 2: Company Information and Financial Strength Line Question Item Provide a brief history of your company, including your company's core values, business philosophy, and industry longevity related to the requested equipment, products or services. Response" Rehrig Pacific Company is an American -owned and operated manufacturer founded in 1913. A family tradition of growth, service, and innovation began over 100 years ago with the supply of wooden crates for the automotive industry and today has evolved into logistics optimization for over eleven (11) industries. Rehrig Pacific is a world -leading plastic container manufacturer, technology provider, and supply chain expert that believes in providing exceptional value and partnership for our customers. For the past thirty (30) years Rehrig has grown to become the largest roll -out cart and recycling bin manufacturer in North America with six (6) company - owned manufacturing facilities strategically located nation-wide. Rehrig also has a manufacturing facility in Queretaro, Mexico that serves our customers in Mexico, Central and South America. By having the industry's largest production capacity (roll- out cart producing machines and molds), Rehrig has the ability to not only meet short time frames but also handle order quantities of any size and type. Having multiple manufacturing plants strategically located brings our manufacturing closer to our customers which helps reduce freight costs and reduce harmful carbon emissions. Rehrig's Mission Statement: The Rehrig Pacific Family celebrates our people and empowers them to create innovative solutions that effectively and responsibly move goods, resources and ideas. Rehrig's Core Values: Family, Service, Growth, Intrapreneurship and Innovation. Bid Number: RFP 041521 Vendor Name: Rehrig Pacific Company DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 8 What are your company's expectations in the Rehrig Pacific will work closely with Sourcewell and the growing number of event of an award? municipalities who are utilizing the Sourcewell Cooperative agreement to mutually grow our business. With our large and far reaching sales force Rehrig is looking to drive our Core Plastic Container and Technology products to the Municipal Sector. With the industry's largest market share in roll -out carts, Rehrig would be using this contract to allow our prospective municipal customers to purchase our products more easily by avoiding the lengthy and costly bid process. Our projected growth for our Municipal business is 2% annually with much of this growth via the Municipal Sector (Sourcewell contract). 9 Demonstrate your financial strength and Rehrig Pacific Company maintains a healthy financial position. Our strong financial stability with meaningful data. This could standing has allowed Rehrig to invest back into and grow our business by being include such items as financial statements, able to produce roll -out carts and recycling bins in SIX company -owned facilities. SEC filings, credit and bond ratings, letters Please see uploaded financials as representative of Rehrig Pacific Company's of credit, and detailed reference letters. financial strength. Upload supporting documents (as applicable) in the document upload section of your response. 10 What is your US market share for the Rehrig Pacific has been supplying the Solid Waste & Recycling Industry with various solutions that you are proposing? recycling bins and residential automated collection roll -out carts since the 1980's and early 1990's respectively. Over this period Rehrig has sold over 45 million roll -out carts throughout North America having successfully partnered with some of the North America's more elite Solid Waste & Recycling operations including Los Angeles, Seattle, Milwaukee, Madison, San Diego, Phoenix and Chicago. During this same period Rehrig has also gained supplier status with several of the industry's largest regional and national private haulers including Waste Management, Republic Waste, Waste Connections, Rumpke, and GFL. Today, our combined market share ranges anywhere from 30-40%. 11 What is your Canadian market share for the Our Canadian market share is 40% and growing. solutions that you are proposing? 12 Has your business ever petitioned for No bankruptcy protection? If so, explain in detail. 13 How is your organization best described: is b) it a manufacturer, a distributor/dealer/reseller, Rehrig Pacific Company is a manufacturer who produces proprietary products and or a service provider? Answer whichever sells them directly to the end user (Municipal and Private Sectors). question (either a) or b) just below) best All of our products being proposed are sold by Rehrig Pacific's company -employed applies to your organization. direct sales team. Employing the industry's largest sales team, Rehrig's a) If your company is best described as Environmental Business Group consists of a VP -Sales, a Director of Sales, (3) a distributor/dealer/reseller (or similar entity), Regional Sales Managers, (3) National Account Managers, and (12) Territory Sales provide your written authorization to act as a Representatives. Our sales team also consists of seven (7) Account Specialists distributor/dealer/reseller for the manufacturer who provide daily customer service support of our sales team and customers. of the products proposed in this RFP. If Our infrastructure does not necessitate the need for dealer or distributor network. applicable, is your dealer network Our sales team and our (6) manufacturing locations provide the sales and independent or company owned? production support required to meet our existing and growing number of customers. b) If your company is best described as a manufacturer or service provider, describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? 14 If applicable, provide a detailed explanation Rehrig Pacific Company is required to maintain proper DOT Registration & outlining the licenses and certifications that Licensing for over the road shipping and Assembly & Distribution. Our roll -out carts are both required to be held, and actually are industry ANSI -Standard compliant. held, by your organization (including third parties and subcontractors that you use) in pursuit of the business contemplated by this RFP. 15 Provide all "Suspension or Debarment" Rehrig Pacific Company has never been suspended or disbarred. information that has applied to your organization during the past ten years. Bid Number: RFP 041521 Vendor Name: Rehrig Pacific Company DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 Table 3: Industry Recognition & Marketplace Success Line Item Question Response* 16 Describe any relevant industry awards or In the past five (5) years Rehrig Pacific has been recognized for several recognition that your company has received accomplishments in various areas of the industry. One of the recent in the past five years accomplishments includes being certified two years in a row as a Great Place to Work (2019-20 & 2020-21). This certification came through surveys where employees expressed their satisfaction and positive sentiment of working for such a great company. In 2020 Rehrig Pacific was awarded the Sustainability Partnership Game Changer Award by the National Waste & Recycling Association for its effort to increase post -consumer resin (PCR) in roll -out carts by 10 percent. In 2018, Rehrig Pacific was awarded the Large Supply Chain Pioneer of the Year award for leading innovation in the Supply Chain Industry. Rehrig Pacific is a proud recipient of multiple OSHA awards for safety across a number of our US plants ensuring team member injuries continue to decrease year over year. Also, Rehrig Pacific prioritizes community service and each year partners with organizations that help give back to the community including Habitat for Humanity, Los Angeles Regional Food Bank, Kenosha's Pollinator Patch Program, and more. 17 What percentage of your sales are to the Rehrig Pacific's sales to the Governmental Sector have ranged from 26-30% of our governmental sector in the past three years Environmental Group's sales. Our Government or Municipal sales vary each year depending on the number of municipalities who are seeking to automate their collection service with plastic automated containers. Things like the Covid-19 pandemic, recessions, and tight budget constraints can affect a municipality's decision to automate their collection in any given year. Strategically, Rehrig is forecasting that cities will continue to convert their collection systems to automated collection and will begin to add Technology solutions to their operations. 18 What percentage of your sales are to the Less than one percent. It is important to understand that Educational institutions do education sector in the past three years not purchase our products directly. The municipalities and private waste haulers who collect their waste & recyclables are the entities who purchase our products. That being said, Rehrig Pacific will sell any Educational institution who is interested in purchasing our products and services directly. 19 List any state, provincial, or cooperative 1) Omnia Partners with an average of $12 Million annually. purchasing contracts that you hold. What is 2) Massachusetts State Contract with an average of $300K annually. the annual sales volume for each of these contracts over the past three years? 20 List any GSA contracts or Standing Offers We do not hold any GSA contracts. and Supply Arrangements (SOSA) that you hold. What is the annual sales volume for each of these contracts over the past three years? Table 4: References/Testimonials Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name * Contact Name * Phone Number* Orange County, FL Josue Lugo 407-836-6619 City of San Diego Matthew Cleary 858-526-2302 City of Los Angeles, CA Jonathan Zari 213-840-6547 Bid Number: RFP 041521 Vendor Name: Rehrig Pacific Company DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 Table 5: Top Five Government or Education Customers Line Item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Entity Name Entity Type * State / Province * Scope of Work * Size of Transactions * Dollar Volume Past Three Years * City of LA Government California - CA Awarded sole -supplier contract $192+ Million $12 Million annually for roll -out carts and ancillary products and services City of Toronto Government ON - Ontario Awarded sole -supplier contract $40 Million $2+ Million Annually for containers and ancillary products and services Sarasota Government Florida - FL Purchased 130K roll -out carts for $5.6 Million $5.6 Million County county -wide collection program City of Government AB - Alberta Awarded sole -supplier contract $28+ Million Starting 2021 Edmonton for containers and ancillary services City of Chicago Government Illinois - IL Awarded sole -supplier contract $9 Million $243 Million for roll -out carts over a period of three years Table 6: Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Line Item Question Response* 23 Sales force. Rehrig Pacific Company utilizes and employs a direct sales force that is highly trained and experienced in selling our many products and ancillary service and technology offerings. Within the Environmental Business Group, our sales team consists of (12) sales representatives located strategically throughout North America. Our sales organization is comprised of (3) Regions, North, Central, and West with each region managed by a Regional Sales Manager. Our Sales Managers report directly to our VP- Environmental Business Group. In addition, each of our (3) regions are supported daily by seven (7) Account Specialists (Customer Service). Our Account Specialists are assigned specific sales representatives/territories and assist our sales representatives with managing all of our customer's needs. This organizational structure provides our customers with professional and prompt responses along with a sense of partnership between them, our sales representatives and Rehrig Pacific. Our Sales team also includes (2) National Account Managers who are responsible for managing the private sector of our business (private waste haulers) and one (1) National Account Manager who is responsible for managing the Municipal Sector. National Account Managers report directly to the Director of Sales and support each of our (12) sales representatives daily. As the National Account Manager for the Municipal Sector, I will be managing and supporting the Sourcewell agreement daily. 24 Dealer network or other distribution Rehrig Pacific Company and our company -employed sales team sell our proprietary methods. products directly to the end -user. With six (6) roll -out cart producing plants strategically located throughout the country, Rehrig can provide the industry's shortest lead times and shortest freight lanes, eliminating any reason to utilize a distribution network. 25 Service force. N/A. All of our customer's needs and follow up are performed by our company - employed sales team. Bid Number: RFP 041521 Vendor Name: Rehrig Pacific Company DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 26 Describe in detail the process and The purpose of the Customer Service (Account Specialist) role is to be Rehrig procedure of your customer service Pacific's primary contact for our customers and are responsible for maintaining program, if applicable. Include your customer accounts and files and providing product and service information across all response -time capabilities and aspects of Rehrig's vertical businesses and industries. The position partners with the commitments, as well as any incentives Sales Team, fellow Account Specialists, Production, Inventory Control, Scheduling, that help your providers meet your stated Shipping, Logistics and Finance teams to ensure customer accounts, order status, service goals or promises. production receipts, and shipping are accurate in the system. Responsible for scalability of multiple accounts to small accounts and medium customers with high complexity. The Account Specialist Team reports to the Account Specialist Manager, Environmental Business Group. Our Environmental Account Specialist Team consists of seven (7) members strategically assigned to Sales Representatives. With seven (7) Account Specialists covering twelve (12) sales representatives, our better than 1:2 ratio ensures our customers are receiving prompt accurate and professional customer service. Some of the key accountabilities for our Account Specialists include: * Setting up new customer accounts • Maintaining and updating customer records and files * Take customer orders either directly from customers or Sales Representatives • Lead all post sales efforts to ensure customers' needs are met and their experience is positive Communicate with customers regarding items such as order status, quotations, order changes and confirmations, as well as any complaints or questions Expedite, track and review customer scheduling requirements * Initiate correction process to resolve customer complaints and service requests Review customer warranty and submit warranty claims 27 Describe your ability and willingness to Rehrig Pacific Company currently offers and sells our products to municipalities in all provide your products and services to 50 states. Our six (6) manufacturing facilities make the prospect of servicing such a Sourcewell participating entities in the large customer base in a large country that much easier. United States. 28 Describe your ability and willingness to All of Rehrig Pacific Company's products and services offered in our proposal are provide your products and services to available for sale in Canada. Rehrig Pacific employs a Canadian national who has Sourcewell participating entities in Canada. been very successful in selling our containers and technology solutions to cities in Canada. Our manufacturing facilities in Kenosha, WI and Erie, PA provide nearby manufacturing to service and support the Canadian market. Toronto, Calgary, and Edmonton are just three of Rehrig's largest municipal customers. 29 Identify any geographic areas of the United Rehrig Pacific Company will service any qualified Sourcewell members in North States or Canada that you will NOT be America. fully serving through the proposed contract. 30 Identify any Sourcewell participating entity As stated earlier, Rehrig Pacific typically does not sell our products to the Education sectors (i.e., government, education, not -for- Sector but would certainly sell these members if they had any reason to purchase profit) that you will NOT be fully serving our containers directly. Once again, we are a company with a far reaching sales through the proposed contract. Explain in force and the ability to service Sourcewell members in all regions. Our competitors detail. For example, does your company are part of several cooperative purchasing contracts. Currently Rehrig has only one have only a regional presence, or do other contract with a nationally recognized cooperative purchasing organization and only one cooperative purchasing contracts limit your with a state contract. ability to promote another contract? 31 Define any specific contract requirements No restrictions would apply to members in Hawaii, Alaska or US Territories. or restrictions that would apply to our participating entities in Hawaii and Alaska and in US Territories. Table 7: Marketing Plan Line Question Response' Item Bid Number: RFP 041521 Vendor Name: Rehrig Pacific Company DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 32 Describe your marketing strategy for Rehrig Pacific Company's marketing strategy to promote the contract with Sourcewell will promoting this contract opportunity. align with our current marketing key initiatives in sharing the complete story and full Upload representative samples of your capabilities of our products, services, and people. We will implement this marketing marketing materials (if applicable) in strategy across all of the following segments: the document upload section of your response. Trade Shows: Rehrig Pacific Company exhibits at several regional and national trade shows annually where our products and services are displayed, and municipalities have the opportunity to experience our products first hand. Rehrig is a major sponsor of the National Waste & Recycling Association (NWRA) which hosts Waste Expo, the Solid Waste & Recycling Industry's largest trade show. This national trade show attracts thousands of people from both the Municipal and Private sectors each year. In addition, Rehrig Pacific is also a major sponsor and member of The Solid Waste Association of North America (SWANA). SWANA is an organization of public and private sector professionals advancing Solid Waste as a resource. SWANA hosts the annual WasteCon trade show where Rehrig Pacific exhibits our full menu of products and ancillary services. Lastly, our Sales Team participates and attends numerous regional industry trade shows throughout the year representing Rehrig proudly. We plan to bring awareness to our partnership with Sourcewell via our booth design at all trade shows. Literature: Rehrig Pacific Company has invested in a vast amount of literature and marketing collateral that includes product sell sheets, brochures, white paper case studies, sustainability initiatives, product specifications, product test results, company history, contact information, and more. All of our marketing literature resources are available to the teams to support in proposals, presentations, customer meetings, new customer outreach, and more. 33 Describe your use of technology and digital data (e.g., social media, metadata usage)to enhance marketing effectiveness. Website: Rehrig Pacific Company has recently updated our user-friendly website where Sourcewell members can learn in-depth information about our product and services while obtaining product specifications, technology services information, case studies, brand and product videos, company sustainability efforts, office locations, contact information, and more. Using our website, we would amplify our partnership with Sourcewell and how this partnership has gotten us closer to other great partner brands and companies we continue to grow our network with. Social Media: Rehrig Pacific maintains a highly engaging presence on Social media across Linkedln, Facebook, Twitter, and YouTube publishing unique content weekly regarding the brand, product, services, trade shows, conferences, awards, recognitions, and more. The past year has focused around amplifying our social media presence specifically on Linkeln while also sharing our story as an integrated solutions provider. In addition, highlighting new product launches through video content, new partnerships with social banner posts, and sharing employee recognitions has also been a focus. Advertising: Rehrig Pacific Company advertises in several industry publications including Waste 360. We develop and execute digital marketing campaigns featuring new products across various platforms to reach specific target audiences. Digital platforms that we have used in past campaigns include Facebook (banner ads and video ads), Google (Google ads, display banners, video pre -rolls), and Linkeln (video ads, sponsored ads). In addition, paid search ads were developed to run on both Facebook and Instagram. Direct mail advertisement was also developed to distribute 25,000 post cards in a local city. And to highlight new product releases, partnerships, and municipal contract acquisitions, we publish press releases to share in the media. National & Business Group Meetings: Rehrig Pacific Company enjoys having special guests at the national sales meetings especially partners and customers. As a vendor on the Sourcewell contract, we would certainly encourage a representative from Sourcewell to attend and to speak to our sales team. These types of meetings help educate our sales team on the benefits of using cooperative purchasing contracts and could also provide Sourcewell with a better understanding of what Rehrig sells and how we approach the market. We also encourage having partners and customers visit our RISE (Rehrig Innovation Showcase Experience) Center in our Dallas plant, where customers and partners have an opportunity to experience the history of the company, take a look at the products, services, and programs we offer as well as get an insight of the future of our business. Rehrig Pacific Company is a proud partner to Salesforce and utilize communication tools such as Pardot to help effectively create marketing e-mail blasts and digital campaigns to reach the targeted audience using tactical messaging. Using their CRM we will reach new sales leads and diligently communicate through the sales funnel process. Each month Rehrig reviews its website and digital platforms' analytics reporting, to do a full analysis of the success of the past month's messages to see if any adjustments are needed in banners, copy, etc. On the Social media front, the past year has been about amplifying our story, products, services, sustainability efforts through unique content including videos, banners, and sell sheets across the Linkedln platform. Our presence has grown in the digital space where we have grown our network, company followers, increased our monthly impressions, visitors, and best of all engagement on our posts. Bid Number: RFP 041521 Vendor Name: Rehrig Pacific Company DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 34 In your view, what is Sourcewell's role We view Sourcewell's role in this partnership as more of a support role rather than a in promoting contracts arising out of promoting role. We will certainly accept all of the support Sourcewell can offer but the this RFP? How will you integrate a promotion and the execution of this contract will be the responsibility of Rehrig's sales Sourcewell-awarded contract into your team. Over the past 30-years Rehrig has enjoyed tremendous success in the Municipal sales process? Sector having partnered with some of the country's more elite Solid Waste & Recycling operations. During the period Rehrig has been awarded hundreds of municipal contracts to supply cities and counties alike with our automated roll -out carts and ancillary products and services. Rehrig has garnered the respect of the industry and has established outstanding relationships in hundreds of municipalities throughout North America. Our focus as a sales organization is selling our value-added products and services to both the Private and Municipal sectors. With the addition of our Vision software technology, Rehrig sees tremendous growth opportunities within our existing customer base as well as future customers. City and County leaders are hungry for technology (Big Data) that will provide transparency and cost savings within a municipality's operation. Municipal contracts are historically more difficult to secure as many municipalities are required to award contracts through the RFP process. With the Sourcewell cooperative contract, Rehrig's sales team will be able to sell our unique proprietary technology solutions (Vision) to those members who see the value and WANT to avoid the RFP process. 35 Are your products or services EDI is an industry -accepted form of eProcurement, and we regularly receive PO's and available through an e-procurement send invoices via EDI to a number of our larger customers. We also have customers ordering process? If so, describe your that leverage services like Ariba and Coupa for which we can selectively publish catalog e-procurement system and how items for more advanced use cases. governmental and educational customers have used it. Table 8: Value -Added Attributes Line Item Question Response* 36 Describe any product, equipment, Our industry's automated roll -out carts do not typically require any user training. Municipal maintenance, or operator training Public Works Departments and Sanitation Divisions are well educated in the use of our programs that you offer to products. Rehrig's containers include markings on the containers that provide instruction Sourcewell participating entities. (the Do's and Do nots) in how to operate and handle our containers. Our Sales team is Include details, such as whether trained to perform any specific product training sessions our customers request. training is standard or optional, who provides training, and any With our Vision Technology products, Rehrig Pacific Company provides training for these costs that apply. products. Our technology products typically involve hardware installation where there is installation training associated with the programs start up. Rehrig also provides training on the software side as well. 37 Describe any technological Vison Software: Rehrig Pacific's proprietary Vision Software was designed internally to advances that your proposed offer city and county's collection operations greater visibility into their operation. Our various products or services offer. offerings include Work Order + Inventory Management, Service Verification, Visual Verification, Industrial Container Tracking as well as several other applications designed to help cities gain efficiencies and drive out costs in their collection operations. Co -Injection Manufacturing & the Use of PCR: Rehrig Pacific Company has invested heavily into Co -Injection technology. Producing roll out carts using the co -injection process allows Rehrig to utilize recycled material while still maintaining our customer's brand (color). Please see the EnviroCore brochure in the uploaded Documents Section 2. As state and federal legislation continues to demand compliance regarding products made with recycled material, municipalities are requiring that the roll out carts they purchase be made with at least 30% post -consumer plastic (PCR). The PCR material used is typically multi -colored making it virtually impossible for competing manufacturers to produce a cart in a color other than black. With Co -injection, Rehrig Pacific can utilize multi -colored PCR material and still produce the standard color carts (green, blue, brown, yellow, grey, etc). The co -injection process allows us to introduce the PCR material into the mold and then introduce the remaining virgin material and color separately. The result is a roll out cart produced with multi -colored PCR material on the inside (core) and the municipality's choice of color on the outside (skin). (See Co -Injection attachment). Bid Number: RFP 041521 Vendor Name: Rehrig Pacific Company DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 38 Describe any "green" initiatives that relate to your company or to your products or services, and include a list of the certifying agency for each. 39 Identify any third -party issued eco- labels, ratings or certifications that your company has received for the equipment or products included in your Proposal related to energy efficiency or conservation, life -cycle design (cradle -to -cradle), or other green/sustainability factors. Green Initiatives: For over a century Rehrig Pacific Company has provided containers to various industries, including waste and recycling containers to an array of customers throughout North America. Throughout our history, environmental awareness and sustainability have been cornerstones of our company. Sustainability is our core. In the early 1970's using new grades of recyclable resins and high-pressure molding, Rehrig Pacific began to develop environmentally friendly products. Our containers are manufactured to last, ensuring that quality and length of time used is part of our sustainable promise. We can design and build the right solutions for our customers using a variety of recycled material to meet their needs, while keeping their branding intact. Here is a snapshot of some additional Sustainable initiatives Rehrig Pacific practices. Recyclability: Today, all Rehrig Pacific's waste and recycling products are 100% recyclable. Because they are 100% recyclable Rehrig offers a Buy Back program (included in our pricing proposal) that allows our customers to return their end -of -useful life (Rehrig) containers back to Rehrig for scrap value. Rehrig uses this material in the manufacturing of new products. As a company, Rehrig Pacific uses nearly 60 million pounds of recycled plastic sourced from both post-industrial and post -consumer waste streams. Every Rehrig product made can be recycled into another Rehrig product at the end of its service. Eco- friendly products are not just good for the environment; they are good for business and an integral strategic part of how we operate. Carbon Footprint: Our six (6) manufacturing facilities are strategically located throughout the country, decreasing the distance it takes to transport our products to our customers and reducing the amount of carbon emissions released into the atmosphere. In addition, our efficient design of our carts means we can fit more product per truckload, reducing the number of required shipments for the same overall amount of product. With the industry's greatest capacity (6 locations) we estimate a carbon emissions reduction of 6.6 million pounds (an 86% reduction by comparison) when compared to other cart suppliers who have far greater freight lanes. Rehrig's manufacturing footprint, design innovation, and efficiency in serving every corner of the country means less emissions, less complexity, and a lot more value to the Municipal customer base. Zero Waste Production: Rehrig takes great pride in our effort to create a "waste free environment" in our manufacturing facilities. Our "Zero Waste" Production Processes ensure that all scrap resin, packaging, and byproduct is reused in the manufacturing process. No aspect of our roll out cart production is wasted; as we recirculate cooling water used in our molds and reclaim our hydraulic fluid. Returnable Packing Containers: At our core, Rehrig Pacific Company has been manufacturing returnable, reusable shipping containers since the early 1960's. Companies such as Walmart, Pepsi -Cola, Coca-Cola, Kroger and Anheuser-Busch have been purchasing unique proprietary containers from Rehrig to ship their products to market. These containers are designed to be returned and re -used again, often making hundreds of turns. These products have essentially replaced one-way packaging that often ends up in our country's landfills. Affiliations with TRIP and APR: Today Rehrig Pacific Company has partnered with organizations like The Recycling Partnership (TRP) and the Association of Plastics Recyclers (APR). Our partnerships with these two organizations are a commitment by Rehrig Pacific Company to become leaders in the reuse of various recycled materials. This commitment is helping today's struggling recycling industry find a home for recycled material that is no longer accepted in China and is destined for our landfills and oceans. Our investment in our Co -Injection molding process allows Rehrig to purchase and reuse bulky rigid recycled material. Our commitment is to close the loop and help municipalities meet increasing state and federal recycling goals. (See Bulky Rigid Brochure) Ocean Plastics & Bulky Rigid PCR: In partnership with TRIP, Rehrig Pacific Company has committed to the reuse of ocean plastics. With our commitment, Rehrig is helping to find a home for bulky rigid material and reduce the amount of plastics from entering our oceans. N/A. See Zero Waste and other Green initiatives above in Item 38. Bid Number: RFP 041521 Vendor Name: Rehrig Pacific Company DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 40 Describe any Women or Minority Rehrig Pacific can sub -contract out portions of our contracts to MBE/WBE, DVBE Business Entity (WMBE), Small companies who are able to obtain certification in the municipalities we service. Because Business Entity (SBE), or veteran we are a direct manufacturer, we are limited to what we can sub -contract business out to. owned business certifications that That said, when possible Rehrig Pacific Company will perform outreach and look to out - your company or hub partners source freight to MBW/WBE/DVBE companies. have obtained. Upload documentation of certification (as applicable) in the document upload section of your response. 41 What unique attributes does your With the cart industry's largest menu of containers and ancillary products and services company, your products, or your offered, Sourcewell members can purchase ALL their container needs, technology needs, services offer to Sourcewell and ancillary service needs from ONE VENDOR. As an example, municipalities can participating entities? What makes purchase roll -out carts, specialized roll out carts for Organics collection, plastic commercial your proposed solutions unique in containers, award winning bear -resistant carts, public litter containers, office and apartment your industry as it applies to recycling bins, and rectangular and round recycling bins ALL FROM ONE SOURCE. In Sourcewell participating entities? addition, Sourcewell members are also able to purchase Rehrig' s proprietary Vision Technology solution without having to source this technology from a 3rd party. Conversely, many competing roll -out cart manufacturers who offer technology are buying 3rd party technology or using off the shelf technology. Rehrig Pacific's Buy Back plan allows Sourcewell members to return their old containers to Rehrig to earn scrap value for their containers at the end of their useful life. Lastly, and most important to Sourcewell members, Rehrig Pacific's infrastructure of twelve (12) sales representatives, seven (7) Account Specialists, and the industry's greatest capacity gives more Sourcewell members the opportunity to take advantage of shorter lead times, shorter freight lanes, freight cost savings, and a more satisfied customer experience without having to purchase their needs from several manufacturers. Bid Number: RFP 041521 Vendor Name: Rehrig Pacific Company DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 Table 9: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Item Question Response 42 Do your warranties cover all products, parts, and All of Rehrig Pacific products are covered by a warranty. Our Recycling labor? Bins have a 5-year warranty, our PLC's have a 5-year warranty, our Commercial Containers have a 3-year warranty and our Roll -Out Carts have a 10-year warranty. For our Vision Technology, our standard warranty includes a 1-year warranty on the RFID Reader and components with optional purchases for multiple years beyond the first year. Labor for removing the RFID Reader and shipping it back is NOT included. Please see the specifics of our uploaded warranty plans in the Document Section. 43 Do your warranties impose usage restrictions or Our warranty coverages do include language that specifically outlines proper other limitations that adversely affect coverage? usage of our products along with language describing where improper usage voids the warranty. Please see our attached warranty plans for our various products. 44 Do your warranties cover the expense of Our sales representatives are responsible for addressing warranty issues technicians' travel time and mileage to perform with our customers for our core plastic collection containers including warranty repairs? recycling bins, commercial containers, public litter containers and our line of automated roll -out carts. These visits are at no cost to the customer. With respect to Rehrig' s warranty for our Technology hardware we have a standard warranty. If the technology hardware is broken and under warranty, it would be the responsibility of the customer to remove that unit, ship it back for repair, and re -install when it returns. Labor is not included under warranty for the technology hardware. If a customer determines they require additional onsite service, Rehrig charges $1500 per day (minimum of 2 days). 45 Are there any geographic regions of the United Rehrig Pacific Company does not utilize technicians for our warranties, nor States or Canada (as applicable) for which you do we perform warranty repairs. If our core plastic containers fall under the cannot provide a certified technician to perform warranty period, the customer's Rehrig sales representative is responsible warranty repairs? How will Sourcewell for starting the warranty process. Our sales representatives will, but do not participating entities in these regions be provided always need to visit the customer's site for warranty inspection. We have service for warranty repair? protocols in place where our warranty claims can be completed without a visit. We currently handle warranty claims for customers in all 50 states and Canada. 46 Will you cover warranty service for items made by All of Rehrig Pacific Company's products warranty plans are covered by other manufacturers that are part of your proposal, Rehrig Pacific including our Commercial Containers and Public Litter or are these warranties issues typically passed on Containers. to the original equipment manufacturer? 47 What are your proposed exchange and return If a product is deemed to be defective our Account Specialists are programs and policies? immediately notified, and a ticket is submitted into our system and is assigned a case. This protocol alerts our Operations Team of the specific problem which helps eliminate similar issues moving forward. The customer is immediately issued a credit for the defective product. Our policy is then to work closely with our customer to quickly determine a production and delivery date to replace the defective product. Rehrig Pacific Company is responsible for the freight on any returned defective products. 48 Describe any service contract options for the N/A items included in your proposal. Bid Number: RFP 041521 Vendor Name: Rehrig Pacific Company DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 Table 10: Payment Terms and Financing Options Line Item Question Response* 49 What are your payment terms (e.g., net 10, net 30)? Payment Terms: Net 30 Days 50 Describe any leasing or financing options available for use Rehrig Pacific Company offers leasing and financing options through by educational or governmental entities. Rehrig Financial Services (RFS). Rehrig has been successful in helping cities with financing our various products, especially during tight budget constraints brought on by the Covid-19 pandemic. Upon request, Rehrig will also work with Sourcewell members 3rd party financing companies. 51 Briefly describe your proposed order process. Include Rehrig Pacific Company implements JD Edwards (JDE) as its enough detail to support your ability to report quarterly Enterprise Resource Planning system. As such, sales orders are sales to Sourcewell as described in the Contract template. submitted into JDE, and Sales Representatives work closely with For example, indicate whether your dealer network is their Account Specialists in submitting sales orders. Upon included in your response and whether each dealer (or submission into JDE, sales order forms are input with a category some other entity) will process the Sourcewell participating code that keys the order as a Sourcewell Cooperative purchasing entities' purchase orders. order. For the purposes of reporting sales, quarterly sales reports are generated from JDE by selecting and running the report using the Sourcewell category code. Subsequently, the report is reviewed by the relevant Sales Representatives, Account Specialists, and Sales Managers. Upon review and approval by the relevant parties, the sales report is sent to Sourcewell and, simultaneously, Accounts Payable for processing and payment. 52 Do you accept the P-card procurement and payment Rehrig Pacific does accept P-Card but will not offer terms through process? If so, is there any additional cost to Sourcewell this process. Payment would be due upon receipt. If the customer participating entities for using this process? requests our terms of Net 30 then they would be required to send a check or wire payment. Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Item Question Response* 53 Describe your pricing model (e.g., line -item discounts or Rehrig Pacific Company has submitted line item, volume -tiered product -category discounts). Provide detailed pricing data pricing. Our pricing model is one that is proposing "ceiling pricing" (including standard or list pricing and the Sourcewell for our products and ancillary services and technology. This price discounted price) on all of the items that you want model protects Rehrig Pacific from volatile fluctuations in our raw Sourcewell to consider as part of your RFP response. If material (resin) costs. Historically, we have found that municipal applicable, provide a SKU for each item in your proposal. orders can vary in size and scope, with some cities needing as Upload your pricing materials (if applicable) in the few as a hundred containers, to other municipalities who are document upload section of your response. potentially purchasing thousands and tens of thousands of containers. Our pricing model includes language that would allow a Sourcewell member to work with their Rehrig sales representative for large strategic opportunities. In essence, our pricing is always somewhat negotiable but never higher than the proposed pricing we have submitted in our proposal. 54 Quantify the pricing discount represented by the pricing N/A. There is no set discount. Rehrig's pricing is volume -tiered proposal in this response. For example, if the pricing in based ceiling pricing that leaves the opportunity for municipalities to your response represents a percentage discount from receive more competitive pricing on larger strategic opportunities. MSRP or list, state the percentage or percentage range. 55 Describe any quantity or volume discounts or rebate Pricing is volume -tiered pricing with pricing being "discounted" programs that you offer. based on volume. Also, each tiered price is "ceiling pricing". 56 Propose a method of facilitating "sourced" products or N/A. Our pricing includes a pricing tab for spare parts, related services, which may be referred to as "open components and accessories. market" items or "nonstandard options". For example, you may supply such items "at cost" or "at cost plus a percentage," or you may supply a quote for each such request. Bid Number: RFP 041521 Vendor Name: Rehrig Pacific Company DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 57 Identify any element of the total cost of acquisition that is All of our Sourcewell pricing is exclusive of freight and applicable NOT included in the pricing submitted with your response. sales tax. Freight cost can vary depending on which Rehrig This includes all additional charges associated with a location the product(s) are produced and shipped from. Spare purchase that are not directly identified as freight or parts components for our products are available and listed on our shipping charges. For example, list costs for items like pre- proposal and are exclusive of freight and applicable sales tax. For delivery inspection, installation, set up, mandatory training, our Vision Technology products, Rehrig has submitted pricing for or initial inspection. Identify any parties that impose such such items as hardware installation, training, set up, and warranty costs and their relationship to the Proposer. calls. 58 If freight, delivery, or shipping is an additional cost to the Rehrig Pacific Company makes great efforts to assure that our Sourcewell participating entity, describe in detail the products are received by our customers in a safe, secure, complete freight, shipping, and delivery program. professional, and timely manner. As we do with all our customers, Rehrig will negotiate the most competitive freight rates for the Sourcewell members. Rehrig Pacific Company works directly with 3rd party logistics companies where our annual volume and long- standing relationships provide Rehrig with very competitive freight rates. Once a customer requests a quotation for our products, Rehrig Pacific's Logistics Manager solicits freight quotes from our list of Rehrig-qualified freight carriers. Based on the quotes received, and considering their availability and price, Rehrig then determines which freight carrier will be chosen. Freight charges are always included in our quotations and will appear on the Sourcewell member's invoices. 59 Specifically describe freight, shipping, and delivery terms or Rehrig uses the same process for Alaska, Hawaii and offshore programs available for Alaska, Hawaii, Canada, or any locations as we use in the contiguous 48 states. The freight offshore delivery. carrier base we utilize is also the same. Our freight quotations to these locations include all applicable taxes and tariffs. Our shipments to Hawaii are loaded directly onto the shipping container in which we load. For Alaska, the process is different. Rehrig loads our product onto 53' dry vans and the goods are then delivered to the Port of Seattle and trans -loaded onto an intermodal or ocean container and then a barge for their destination. Here they are then trans -loaded into dry -van trailers for final mile delivery. The freight rate Rehrig quotes include all of these services. 60 Describe any unique distribution and/or delivery methods or As part of our Services product offerings, Rehrig Pacific offers the options offered in your proposal. Assembly & Distribution of our roll -out carts to the Sourcewell member's residences. What is unique to Rehrig is that we perform this service internally using company -employed personnel and equipment to offload, assemble and deliver our residential roll -out carts to the individual residences city-wide. Having this service integrated into our offerings eliminates any setbacks or delays by any sub -contracted 3rd party Assembly & Distribution company. Rehrig is the only roll -out cart manufacturer who offers and manages this service in-house. Table 12: Pricing Offered Line Item The Pricing Offered in this Proposal is: Comments 61 b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing The nature of our business is departments. to offer the Municipality the most competitive pricing at the time. Each individual opportunity is viewed based on timing, size and scope. Pricing will vary from opportunity to opportunity because of this. Rehrig Pacific' commitment will be that we offer the same pricing we would offer them under any other cooperative purchasing agreement. Bid Number: RFP 041521 Vendor Name: Rehrig Pacific Company DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 Table 13: Audit and Administrative Fee Line Item Question Response* 62 Specifically describe any self -audit process or program that you Rehrig Pacific sales representatives who are working with plan to employ to verify compliance with your proposed Contract Sourcewell members who wish to purchase off of the with Sourcewell. This process includes ensuring that Sourcewell Sourcewell contract will provide a quotation with Sourcewell participating entities obtain the proper pricing, that the Vendor pricing documented on the quotation. These quotations are reports all sales under the Contract each quarter, and that the stored in Salesforce under the account (Sourcewell member Vendor remits the proper administrative fee to Sourcewell. city) and can be made available to Sourcewell upon request. All invoicing for subsequent orders from Sourcewell members will be coded as Sourcewell sales and will be recorded and made available quarterly for Sourcewell. 63 Identify a proposed administrative fee that you will pay to Rehrig Pacific Company will agree to pay Sourcewell a two Sourcewell for facilitating, managing, and promoting the Sourcewell percent (2%) administrative fee on all sales (less freight and Contract in the event that you are awarded a Contract. This fee applicable taxes) completed and signed through the is typically calculated as a percentage of Vendor's sales under the Sourcewell/Rehrig contract. Administrative fee to be paid Contract or as a per -unit fee; it is not a line -item addition to the quarterly or as frequently as Sourcewell prefers. Member's cost of goods. (See the RFP and template Contract for additional details.) Bid Number: RFP 041521 Vendor Name: Rehrig Pacific Company DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 Table 14A: Depth and Breadth of Offered Equipment Products and Services Line Item Question Response" 64 Provide a detailed description of the Rehrig Pacific Company is proposing the industry's most complete menu of plastic equipment, products, and services that you containers routinely used within the Solid Waste & Recycling Industry today. In are offering in your proposal. addition, Rehrig Pacific Company is proposing vertically integrated Technology and Service Solutions which were developed to bring visibility to Solid Waste & Recycling collection operations, helping them to gain efficiencies and drive out cost. Recycling Bins Our vast menu of products include various sizes of curbside recycling bins used in manual recycling collection programs. These products include 14 and 18-gallon curbside recycling bins, 25 and 32-gallon Round curbside recycling bins, a 4-gallon Office Paper recycling bin, a 6-gallon Apartment recycling bin and a 2-gallon Food Waste collection bin. Residential Roll -Out Carts for Recycling, Solid Waste, Yard Waste/Organics Collection Our complete line of residential collection containers used in semi -automated and fully -automated collection programs include the commonly preferred sizes of 35- gallon, 65-gallon and 95-gallon roll -out carts. In addition, Rehrig also offers a 18- gallon (65-liter), a 20-gallon (80-liter) and a 100-liter container for Organics collection. Lastly, Rehrig Pacific offers a patented IGBC certified Bear Resistant roll -out cart in 35, 65 and 95-gallon sizes. Rehrig also offers various accessories and styles of gravity locks designed for programs who experience high scavenging rates or simply want to protect the waste stream inside the container. Rehrig's roll- out carts have been the choice of some of the Solid Waste Industry's more elite collection programs including the city of Los Angeles, the city of Seattle, the city of Edmonton, the city of San Diego, and the city of Toronto. Commercial Containers & Public Litter Containers Rehrig Pacific also offers a line of plastic commercial containers used in the collection of commercial waste and recycling. Our Public Litter Containers (PLC's) are also offered and are used for the collection of waste in city parks and downtown areas. Services Rehrig Pacific Company, under our our Field Service Group, offers services related to the Solid Waste Industry. These services are performed internally by Rehrig Pacific employees and include Assembly & Distribution, Container Management, Cart Reclamation/Removal, RFID Retrofitting Services, Route Auditing, Yard Cleanups, Mailers and Mobile Washing. Software Technology Rehrig's proprietary Vision software platform includes several applications to track assets in real time using RFID and GPS. Our Vision technology provides multi -level visibility that helps reduce operating costs, increase sales, and preserve capital. Applications include Work Order + Inventory, Service Verification, and Industrial Container Tracking. Material Buy Back Rehrig Pacific Company provides a buy back program where Rehrig Pacific Company will repurchase Rehrig's containers that have reached the end of their useful life. The repurchase will be at the current rate of scrap high density polyethylene (HDPE) at the time of sale multiplied by the number of pounds of material retrieved from each container minus freight. 65 Within this RFP category there may be In addition to our core plastic container products, Rehrig Pacific offers ancillary subcategories of solutions. List subcategory products and services related to the Solid Waste & Recycling titles that best describe your products and industry. services. These products can be categorized as Technology and Services Offerings and are included in our proposed pricing. Bid Number: RFP 041521 Vendor Name: Rehrig Pacific Company DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 Table 14113: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Line Category or Type Offered * Comments 66 Residential -sized refuse and recycling containers, r Yes Rehrig has proposed all of these products. collection bins, dumpsters, and carts of principally r No non-metallic composition 67 Commercial and institutional -sized refuse and r Yes Rehrig Pacific Company does offer commercial size plastic recycling containers, collection bins, dumpsters, and r No commercial containers (dumpsters). carts of principally non-metallic composition 68 Lift and tipping solutions for stationary carts and r Yes dumpsters r No 69 Technology solutions related to the management of, r Yes Rehrig Pacific is proposing our proprietary Vision Software or planning for, collection of refuse and recycling c' No Solution. Literature attached. materials from containers of the type described in RFP Section 1. a - b. Bid Number: RFP 041521 Vendor Name: Rehrig Pacific Company DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 Table 15: Industry Specific Questions Line Item Question Response* 70 If you are awarded a contract, provide a Sales growth within the Municipal sector, and specifically those sales made through few examples of internal metrics that will the Sourcewell contract is how we will measure success. As previously stated, be tracked to measure whether you are Rehrig's intentions are to use the Sourcewell agreement in every municipal opportunity having success with the contract. we encounter. Our strategy is to continue to be our customer's expert on containers and technology so when the time comes for them to purchase our various offerings, the municipalities will be more motivated to utilize the Sourcewell contract, avoid the RFP process, and receive Rehrig's unique value-added products and ancillary services. All Sourcewell sales will be tracked by individual sales representatives and by region. 71 Describe your organization's approach to Data that is required to service a customer is regularly collected by Rehrig Pacific the collection, storage, usage, ownership, solely for the purpose of executing the business relationship that Rehrig has with that and rights of customer data that is customer. Collected data is retained only for the useful life of the data; extraneous gathered in the normal course of business. data elements that may be collected during the course of the business relationship that are not necessary for Rehrig to provide services or products is regularly purged from our systems. 72 Explain your organization's approach to Rehrig Pacific maintains a comprehensive security program in accordance with the data protection and access. NIST Cybersecurity Framework v1.1, which includes published policies on data classification and protection, system access, network security, etc. In support of that program, audits are regularly performed and appropriate security controls have been put in place to log data access, ensure that all access to data is allowed only for employees with a legitimate need to access said data, and otherwise ensure the confidentiality, integrity and availability of all business data. 73 Describe how your offering encourages Municipalities have been converting their collection operations from manual collection increased participation in recycling and to semi and fully -automated collection since the late 1970's. Plastic roll -out carts have diversion programs. been the essential component to this conversion. Data shows that collection operations have seen an increase in participation and diversion after implementing an automated collection program. Containerizing a collection program is more efficient and more cost effective. Automated collection using plastic roll -out carts is also safer and reduces the number of workman's compensation claims. Our Vision Technology Solution has several applications that municipal collection operations are installing to gain efficiencies in the collection of solid waste, recycling and organics waste. 74 Identify if your offered technology solutions Rehrig's Vision Technology is available through mobile device applications using Apple are available through mobile device (ios) and Android operating systems. applications and with what operating systems they are compatible. 75 Describe any design and manufacturing Rehrig Pacific Company is an injection -molder and uses the injection -molding process processes or materials utilized that to manufacture almost all of our products. Five of the six (6) leading manufacturers contribute to product attributes such as of roll -out carts use the injection -molding process. You will hear equally compelling longevity, ease of use, safety, or reduced rationale behind the injection -molding versus rotational molding processes. In the end, life cycle costs. the quality of a roll -out cart is not so much about the manufacturing process but rather more centered around three crucial components; 1) product design, 2) material quality, and 3) manufacturing. For example, a roll -out cart vendor can have a well designed roll -out cart but if there is sub -par material being used, or if there isn't enough of the required UV Stabilizer being used, the cart will fail. Same thing is true for manufacturing, regardless if its a rotationally -molded cart or an injection -molded cart. If the production of the cart is jeopardized in any way, (run too quickly, not cooled long enough, the mold is not filled completely, etc.) the product will fail. That being said there are some important inherent advantages to injection molding. As an injection molder, our molds are designed to include varying geometry in the container's design. Simply, an injection cart mold can have several different wall thicknesses throughout its design. Conversely, a rotationally molded roll -out cart can only have one (or the same) wall thickness throughout the cart. Having the ability to incorporate greater or thicker wall stock in areas of the roll -out cart that sustains greater abuse from the lifting equipment is crucial to the longevity of the cart. The Rehrig cart for example, has greater wall thickness in the bottom and gripping areas by the grab -bar and by the handles where the lids are attached. The rotational molded process only allows for ONE wall thickness, meaning they cannot "beef up" their roll -out cart in places where the roll -out cart experiences the most wear and tear. Injection molders can incorporate more PCR and more types of PCR into their products versus a rotational molder. A rotational molder uses a powder form of resin, making it difficult at best, to incorporate various types of PCR. Lastly, injection molders can produce roll -out carts faster compared to rotational molders. This is crucial to consider when municipalities are looking to purchase large quantities of roll- out carts in a short period of time. Bid Number: RFP 041521 Vendor Name: Rehrig Pacific Company DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 Table 16: Exceptions to Terms, Conditions, or Specifications Form Line Item 76. NOTICE: To identify any exception, or to request any modification, to the Sourcewell template Contract terms, conditions, or specifications, a Proposer must submit the exception or requested modification on the Exceptions to Terms, Conditions, or Specifications Form immediately below. The contract section, the specific text addressed by the exception or requested modification, and the proposed modification must be identified in detail. Proposer's exceptions and proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract. (Contract Section (Term, Condition, or Specification I Exception or Proposed Modification N/A Documents Ensure your submission document(s) conforms to the following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." • Financial Strength and Stability - Financial Strength and Stability.zip - Tuesday March 02, 2021 11:23:20 • Marketing Plan/Samples - Marketing Plan.pdf - Monday March 08, 2021 16:29:34 • WMBE/MBE/SBE or Related Certificates - WMBE MBE SBE.zip - Thursday March 11, 2021 17:42:30 • Warranty Information - Warranty Information (2).zip - Tuesday March 09, 2021 21:28:05 • Pricing - Sourcewell RFP Pricing 4-15-21.zip - Tuesday April 06, 2021 15:30:12 • Upload Additional Document - Company & Product Overview Slide Deck.zip - Thursday March 11, 2021 18:39:23 Bid Number: RFP 041521 Vendor Name: Rehrig Pacific Company DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 Proposer's Affidavit PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: 1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury_gov/ofac/downloads/sdnlist.pdf; 2. Included on the government -wide exclusions lists in the United States System for Award Management found at: https://sam.gov/SAM/; or Bid Number: RFP 041521 Vendor Name: Rehrig Pacific Company DocuSign Envelope ID: BB984801-9AEA-4B04-8ACF-DD02CB9FCE85 3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. r By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Jack Weber, National Account Manager- Municipal Sector, Rehrig Pacific Company The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes a No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed the File Name below addendum and Pages attachments (if applicable) Addend um_4_Plastic Refuse_Recycling_Containers_RFP_041521 Wed March 17 2021 03:40 PM Addendum _3_ Plastic _Refuse_Recycling_Containers_RFP_041521 Mon March 8 2021 09:41 AM Addend um_2_Plastic_Refuse_Recycling_Containers_RFP_041521 Fri March 5 2021 04:19 PM Addendum _1_ Plastic _Refuse_Recycling_Containers_RFP_041521 Mon March 1 2021 04:31 PM r r r r Bid Number: RFP 041521 Vendor Name: Rehrig Pacific Company