Loading...
HomeMy WebLinkAbout02-26-2025 CRA Agenda7. PUBLIC INPUT The heading on Regular Meeting agendas "Public Input" pi-ovides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to resolve matters with staff prior to meetings. Individuals are asked to provide copies of materials for Council one week prior to the meeting if thev intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a,I iiture agenda. 8. COMMITTrF REPORTS & APPOINTMENT City committee reports and Council Member regional committee reports. No public input at- action except City committee member nominations and appointments tinder this heading. Recess the City Council Meeting and Convene the Community Redevelopment Agency Meeting 9. COMMUNITY REDEVELOPMENT AGENCY MEETING A. Consider Approval of November 20, 2024 Community Redevelopment Agency Minutes Staff Report November 20, 2024 CRA Minutes B. Consideration of a purchase order for Alan Jay Automotive Management Inc., in the amount of $57,481.00 for a Ford Super Duty F250 Crew Cab for CRA Landscaping Staff Report Procurement Justification Alan Jay Fleet Sales Quote National Auto Fleet Group Contract #091521-NAF National Auto Fleet Group Contract #032824-NAF C. Selection of Dredging & Marine Consultants, LLC for RFQ 25-06 for Professional Design Services for Main Street Park and Boat Ramp in the amount of $99,995 Staff Report Procurement Justification Intent to Award DMC Agreement -� Adjourn the Community Redevelopment Agency Meeting and Reconvene the City Council Meeting 10. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. A. Consider Approval of the February 12, 2025 City Council Minutes Staff Report 02-12-2025 Council Minutes B. Alcohol Beverage Approval — Roman Family Staff Report Rental Application Receipt �c vim SEBASTIAN (INTENNIAL (ELIBRATION 1114.1014 CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY STAFF REPORT DATE February 26, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jeanette Williams, City Clerk Consider Approval of Draft November 20, 2024 CRA SUBJECT Minutes EXECUTIVE SUMMARY Draft minutes of the November 20, 2024 CRA Meeting are presented for review. RECOMMENDATION Request changes if necessary. Consider approval of minutes. ATTACHMENTS: 1. November 20, 2024 CRA Minutes FUNDING SOURCE: Expenditure required N/A Amount Budgeted: I Funding source 6 an Of SEBA�ST 1N ;4_9%;io HOME OF PELICAN ISLAND COMMUNITY REDEVELOPMENT AGENCY 1225 Main Street, Sebastian, FL 32958 The attached November 20, 2024 Community Redevelopment Agency minutes were approved at the February 26, 2025 Community Redevelopment Agency meeting. Chainnan Bob McPartlan ATTEST: Jeanette Williams, City Clerk 7 Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 15 Mr. Nunn agreed to add to his motion for Option B granting the variance the requirement of completing the permitting process with all proper fees within 60 days, and this was seconded by Council Member Dodd. Roll call: Chairman McPartlan - aye Mr. Nunn - aye Mr. Dodd - aye Ms. Dixon - aye Vice Chair Jones - - aye Motion carried. 5-0 Chairman McPardan adjourned the Board of Adjustment meeting at 8:44 p.m. 11. COMMUNITY REDEVELOPMENT AGENCY MEETING - - Chairman McPardan convened the Community Redevelopment Agency Meeting at 8:44 p.m. A. Approval of May 22, 2024 CRA Minutes B. Approval of September 25, 2024 CRA Minutes C. Approval of October 16, 2024 CRA Minutes MOTION by Mr. Dodd and SECOND by Vice Chair Jones to approve the May 22, 2024, September 25, 2024, and October 16, 2024 Minutes. Roll call: Mr. Nunn - aye Mr. Dodd - aye Ms. Dixon - aye Vice Chair Jones - - aye Chairman McPartlan - aye Motion carried. 5-0 D. Consideration of a Florida Inland Navigation District (FIND) Grant Agreement for Design of the Riverview Park Renovations; Avorooriate Matching Funds and Forward to Citv Council for Avinoval The City Manager explained that this is a request from Staff for the Community Redevelopment Agency to approve and allow this FIND grant agreement to be forwarded to City Council. The request is for $100,000, which would include $50,000 provided by FIND and $50,000 matched from the CRA budget. These funds will assist with the design of the Riverview Park renovations. MOTION by Mr. Dodd and SECOND by Ms. Dixon to approve Item D. Chairman McPartlan asked for public input and there was none. Roll call: Mr. Dodd - aye Ms. Dixon - aye Vice Chair Jones - - aye Chairman McPartlan - aye Mr. Nunn - aye Motion carried. 5-0 8 Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 16 E. Consideration of Aatsroval of Florida Inland Navigation District (FIND) Grant Agreement for Design and Installation of Dry Line at Law Enforcement Dock. Avvromiation of Matching Funds: and Forward to City Council for Approval The City Manager explained that this is a request from Staff for the Community Redevelopment Agency to approve and allow this FIND grant agreement to be forwarded to City Council. The request is for $80,000, which would include $40,000 provided by FIND and $40,000 matched from the CRA budget. These funds will assist with the design and installation of the dry line for safety purposes at the law enforcement dock. Mr. Dodd asked if cost sharing was done for enhancements on the original dock. The City Manager said they do have some agreements in place for cost sharing with some other agencies relating to the law enforcement aspect of the dock. The need for a dry line was established later and had not been included in the original agreements. Staffmay end up seeking additional funds and cost sharing from the Fire Department if they will be housing the law enforcement boat there, but this grant application is a way of helping with the initial design and installation cost of the dry dock. MOTION by Mr. Dodd and SECOND by Mr. Nunn to approve Item E. Chairman McPardan asked for public input and there was none. Roll call: Ms. Dixon - aye Vice Chair Jones - aye Chairman McPartlan - - aye Mr. Nunn - aye Mr. Dodd - aye Motion carried. 5-0 F. Consideration of the Florida Inland Navigation District (FIND) Grant Agreement for Revised Structural Engineering Assessment, Design, Permitting and Bid Package for the Property Located at 1540 Indian River Drive; Appropriation of Matching Funding: and Forward to Citv Council for Anoroval The City Manager explained that this is a request from Staff for the Community Redevelopment Agency to approve and allow this FIND grant agreement to be forwarded to City Council. The request is for $200,000, which would include $100,000 provided by FIND, $50,000 matched from the CRA budget for this year's budget and $50,000 requested from additional fund reserves. These funds will assist with the revised structural engineering assessment, design, permitting, and bid package for the property located at 1540 Indian River Drive, also known as Fisherman's Landing. Mr. Dodd asked if this would include the old Hurricane Harbor building, and the City Manager said yes. MOTION by Ms. Dixon and SECOND by Mr. Nunn to approve Item F. Chairman McPartlan asked for public input and there was none. Roll call: Vice Chair Jones - aye Chairman McPartlan - - aye Mr. Nunn - aye 41 Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 17 Mr. Dodd - aye Ms. Dixon - aye Motion carried. 5-0 G. Consideration of the Florida Inland Navieation District (FIND) Grant Agreement for the Ret)lacement of the Working Waterfront Dry Line, and Forward to Citv Council for ADvroval The City Manager explained that this is a request from Staff for the Community Redevelopment Agency to approve and allow this FIND grant agreement to be forwarded to City Council. The request is for $50,000, which would include $25,000 provided by FIND and $25,000 matched from the CRA budget. These funds will assist with replacement of the working waterfront dry line. This was needed because the existing dry line did not pass inspection and has been inoperable. MOTION by Mr. Nunn and SECOND by Vice Chair Jones to approve Item G. Chairman McPartlan asked for public input and there was none. Roll call: Chairman McPartlan - - aye Mr. Nunn - aye Mr. Dodd - aye Ms. Dixon - aye Vice Chair Jones - aye Motion carried. 5-0 H. City Council Consideration of a Land and Water Conservation Grant Analication to Renovate the Main Street/Cavt. Hardee Boat Rama. The City Manager commended staff and the grant writing agency they have employed for their remarkable work in helping the City to obtain this many FIND grants. This is a request from Staff for the Community Redevelopment Agency to approve and allow this FIND grant agreement to be forwarded to City Council. The request is for $100,000, which would include $50,000 provided by FIND and $50,000 matched from the CRA budget. These funds will assist with the design of the Main Street Captain Hardee Phase 1 Improvements, which includes the dredging and other associated projects. MOTION by Vice Chair Jones and SECOND by Ms. Dixon to approve Item H. Chairman McPartlan asked for public input and there was none. Roll call: Mr. Nunn - aye Mr. Dodd - aye Ms. Dixon - aye Vice Chair Jones - aye Chairman McPartlan - - aye Motion carried. 5-0 I. Consideration of Authorizine Staff to Submit a Land and Water Conservation Grant AnDlication to Renovate the Main Street/Cant. Hardee Boat Ramo and Forward to Citv Council for Anvroval 10 Regular City Council, Board of Adjustment, and Community Redevelopment Agency Minutes November 20, 2024 Page 18 The City Manager explained this is Staff's request from the Community Redevelopment Agency for approval to apply for a Land and Water Conservation Fund (LWCF) grant to assist with the renovations of the Main Street Captain Hardee Boat Ramp. This will be for the needed design and the construction portion of the project. The total budget for this portion of the project is $400,000. If the CRA give its approval for the application, Staff will request a $200,000 LWCF grant and request a $150,000 match from the CRA budget and use the $50,000 from the previously approved FIND grant (Item H above). If approved by the CRA, Staff asks for this item to be forwarded to City Council for approval as well. Mr. Dodd asked for clarification because the Executive Summary within the Staff Report says that this LWCF grant will fund half of the improvements. The City Manager reviewed that the half refers to the $200,000 LWCF grant which will cover half of the $400,000 estimated cost for the project. Mr. Dodd asked if the $400,000 will cover all of the needed improvements. The City Manager said it is unknown if $400,000 will be enough to handle all of the improvements. The costs are an estimate because the design has not yet been completed, but this will include the costs for dredging. If more funds are needed, Staff will pursue additional funding mechanisms or additional fimds from the City. MOTION by Mr. Nunn and SECOND by Ms. Dixon to approve Item I. Chairman McPartlan asked for public input and there was none. Roll call: Mr. Dodd - aye Ms. Dixon - aye Vice Chair Jones - aye Chairman McPartlan - - aye Mr. Nunn - aye Motion carried. 5-0 12. Chairman McPartlan adjourned the CRA Meeting and reconvened the City Council Meeting at 8:55 p.m. 13. CONSENT AGENDA A. Consideration of Resolution No. R-24-72 Approving a Piggyback of Contract 2023056 by Indian River County for Fiber Optic Services and Consideration of a Purchase Order for $19,438.27 for Gerelcom, Inc. to Provide Fiber Services B. Consideration of Resolution No. R-24-63 Providing Approval of a Florida Inland Navigation District (FIND) Grant Agreement for the Replacement of the Working Waterfront Dry Line, Appropriation of Matching Funds as Well as Providing Authorization to the City Manager to Execute C. Consideration of Resolution No. R-24-65 Providing Approval and Execution of a Florida Inland Navigation District (FIND) Grant Agreement for Design and Permitting for Riverview Park Renovations 11 SEBASTIAN (ENTENNIAL (ELE9RATION 1924.1014 CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY STAFF REPORT DATE February 26, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jessica Graham, Procurement and Contracts Manager Consideration of a purchase order for Alan Jay Automotive Management Inc., in the amount of $57,481.00 for a Ford SUBJECT Super Duty F250 Crew Cab for CRA Landscaping and authorization to the City Manager EXECUTIVE SUMMARY On December 1, 2024, the Parks and Recreation Department assumed responsibility for landscape maintenance in the Sebastian CRA District. In this year's CRA Capital Improvement Program budget, staff had included $70,000 for a truck in the CRA Maintenance Equipment item. In order to procure the equipment, Staff secured a quote under the National Auto Fleet Group's Sourcewell Cooperative Contract (#091521-NAF, #032824-NAF). National Auto Fleet Group was awarded the contract and performs services under the fictitious name Alan Jay Automotive Management, Inc. Cooperative purchasing is a type of governmental procurement that utilizes existing government (state or other) contracts and guarantees that the pricing and contract terms remain the same while the contract is active, including up to any renewal periods. In accordance with the State of Florida public procurement laws and the City of Sebastian's Code of Ordinances §2-10(c)(2)(b), the procurement procedures carried out by the awarding agency are equivalent to the City of Sebastian's procurement process. At this time, Staff has determined that the recommended vendor is the most advantageous for meeting the city's needs. Staff is seeking approval for the cooperative purchase and issuance of a purchase order and authorization from the City Manager or designee to execute any necessary other documents. RECOMMENDATION On behalf of the Parks and Recreation Department, the Procurement Division recommends that the CRA approve a purchase order for Alan Jay Automotive Management Inc., in the amount of 57,481.00 for a Ford Super Duty F250 Crew Cab for CRA Landscaping and forward it to the City Council for approval. ATTACHMENTS: 1. Procurement Justification 2. Alan Jay Fleet Sales Quote 3. National Auto Fleet Group Contract #091521-NAF 4. National Auto Fleet Group Contract #032824-NAF FUNDING SOURCE: Expenditure required $57,481.00 Amount Budgeted: Fundinc source $70,000.00 CRA Capital Program 12 Crff OF Sfj3ASTj,,N?q HOME OF PELICAN ISLAND PROCUREMENT JUSTIFICATION A Competitive Solicitation is a formal process that requires sealed bids, provides an equal and open opportunity to qualified parties, and culminates in a selection based on criteria. A Competitive Quote is an informal process that provides an equal and open opportunity to qualified parties and culminates in a selection based on criteria. DATE: February 14, 2025 ❑ Invitation to Bid (ITB) ❑ Request for Proposal (RFP) TYPE OF PURCHASE: ❑ Request for Qualification (RFQ) ❑ Invitation to Quote (ITN) ✓❑ Piggyback/Cooperative ❑ 3 Written Quotes PROPOSED VENDOR: National Auto Fleet Group ITEMS OR SERVICES Cars, trucks, vans, SUVs, cab chassis, and other vehicles REQUIRED: ADDITIONAL INFORMATION Staff received a quote from National Auto Fleet Group's Sourcewell Cooperative Contract (#091521-NAF, #032824 -NAF). National Auto Fleet Group was awarded the contract and performs services under the fictitious name Alan Jay Automotive Management, Inc. In accordance with the State of Florida procurement statutes and the City's Code of Ordinance Section 2-10(c)(2)(b), the procurement procedures carried out by the awarding agency are equivalent to Sebastian's procurement process. Digitally signed byJessica Graham Date: 2 25 02. 4 Approved: 10:51:42-05'00' Jessica Graham, Procurement/Contracts Manager Procurement Division (Rev. 12/2024) 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 13 �r 4~' SourcewePl Call Us first, for all of your Fleet Automotive, & Light Truck needs. Quote PHONE (800) ALANJAY (252-6529) DIRECT 863-402-4234 , WWW.ALANJAY.COM 61530-2 Corporate 2003 U.S. 27 South MOBILE 863-273-1105 Mailing P.O. BOX 9200 Office i Sebring, FL 33870 FAX 863-402-4221 Address I Sebring, FL 33871-9200 ORIGINAL 2112/20 5 ATE QUICK QUOTE SHEET REVIS 211222025 L�AuE REQUESTING AGENCY SEBASTIAN, CITY OF CONTACT PERSON DAVE MOORE EMAIL di oore0citvofsebastian.ora PHONE 772-5884895 MOBILE FAX SOURCEWELL CONTRACT # 2025 091521-NAF & 032824-NAF www.NationalAutoFleetGroup.com MODEL W2B 600A MSRP $55,225.00 2025 FORD F-250 SUPER CREW CAB PICKUP 4WD 160" WB XL 6.5' BED CONTRACT PRICE $50,146.00 6.5' Bed ** All vehicles will be ordered white w/ darkest interior unless clearly stated otherwise on purchase order. FACTORY OPTIONS DESCRIPTION 18B OPTIONS Platform Running Boards -- ---------------------------------- ----------------- -- ----------------- 44F Transmission: TorgShift-G 10-Speed Automatic ---------------------------------------------------------- ------- ------------------------ 52B Trailer Brake Controller 600A Order Code 600A 64A Wheels: 17" Argent Painted Steel -------------------------------- ---- - ---------------------------------------- - 66S Upfitter Switches (6) ---------------------------------------------------------- -- ----------------------- 67D 190 Amp Alternator 99A Engine: 6.81. 2V DEVCT NA PFI V8 Gas --------------- - - --------- ---------------------- ------------------- AS Medium Dark Slate, HD Vinyl 40/20/40 Split Bench Seat _---------------------- ------------- TD8 Tires: LT245/75Rx17E BSW A/S --------------------------------------------- - ------------- --- ---- -----------------. X3E Electronic -Locking w/3.73 Axle Ratio Zl Oxford White FACTORY OPTIONS CONTRACT OPTIONS DESCRIPTION NO -TEMP TEMP TAG NOT REQUESTED, CUSTOMER WILL HANDLE THEIR OWN TAG WORK. EWD EXTENDED WARRANTY DECLINED BR 15###TB LB Back Rack cab guard for pickup trucks with cross body tool box, includes light bar mounting feet. ----------------------------------------------------- ----------------------------- --------------------- ATB-18-LP --------- HD Aluminum tool box with low -profile single lid and 18" depth. ------------- FS ALGNT53-DUAL- ------------------------------------------------------------------------------------------------------------------ Federal Signal 53" Allegiant dual Amber/White light bar including take downs, alley lights, work light feature, signal WL-AW master, strap kit, and compact digital soft button 6 switch controller. (Work light feature requires mounting on cab shield) FS MP3-8-AA (8) Federal Signal Micro Pulse Ultra LED's with (4) mounted in grille and (4) mounted to rear of vehicle (AMBER). -------------------------------------------------------------------- FS SIM - Federal Signal -Serial Interface Modue- Required to Operate Serial Light Bars with Analog Factory Switches. ------------------------ ----------------------- ---------- - I .. ------ -- - - NOTE customer request lights wired to factory upfitter switches CONTRACT OPTIONS S440.00 $0.00 -------------------- $295.00 $0.00 $0.00 $160.00 -------------------- $0.00 -------------------- $0.00 $0.00 $0.00 $425.00 $0.00 $1,320.00 $0.00 $0.00 $715.00 $625.00 $2,490.00 $1,820.00 ------ --- $365.00 $0.00 ------------------- $6,015.00 N1PA_SEBASTIAN, CITY OF_61530_Quote_2.PDF Page 1 of 2 14 0997rj&oW/"//.wX Source',9P-4 I — — — — ,V--ZA=A= AF SOURCEWELL CONTRACT # 2025 091521-NAF & 032824-NAF www.NationalAutoFleetGroup.com TRADE IN TOTAL COST 957,491.00 W ----------------------------- ----- ----- ----- ------------------------------------------------------------------------ TOTAL COST LESS TRADE IN QTY 1 $57,481.00 Estimated Annual payments for 60 months paid in advance: $13,216.07 Municipal finance for any essential use vehicle, requires lender approval, WAC. Comments QUOTE SUBJECT TO FACTORY ORDER ACCEPTANCE or 30 DAYS VEHICLE QUOTED BY ASHLEE WILSON GOVERNMENT ACCOUNT MANAGER Ashlee.Wilson(&AlanJay.com "i Want to be YD r Fleet Provider" I appreciate the opportunity to submit this quotation. Please review it carefully. If there are any errors or changes, please feel free to contact me at any time. I am always happy to be of assistance. NJPA_SEBASTIAN, CITY OF_61530_Quote_2.PDF Page 2 of 2 15 I31 Alan Jay Fleet Ashlee Wilson 1 863-402-4234 1 ashlee.wilson@alanjay.com Vehicle: [Fleet] 2025 Ford Super Duty F-250 SRW (W2B) XL 4WD Crew Cab 6.75' Box ( / Complete ) i Note:Photo may not represent exact vehicle or selected equipment. Window Sticker SUMMARY [Fleet] 2025 Ford Super Duty F-250 SRW (W213) XL 4WD Crew Cab 6.75' Box MSRP:$51,890.00 Interior:Medium Dark Slate, HD Vinyl 40/20/40 Split Bench Seat Exterior 1:Oxford White Exterior 2:No color has been selected. Engine: 6.81- 2V DEVCT NA PFI V8 Gas Transmission: TorgShift-G 10-Speed Automatic OPTIONS CODE MODEL MSRP W213 [Fleet] 2025 Ford Super Duty F-250 SRW (W2B) XL 4WD Crew Cab $51,890.00 6.75' Box OPTIONS 18B Platform Running Boards $445.00 44F Transmission: TorgShift-G 10-Speed Automatic $0.00 52B Trailer Brake Controller $300.00 600A Order Code 600A $0.00 64A Wheels: 17" Argent Painted Steel $0.00 This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 24697. Data Updated: Feb 11, 2025 6:45:00 PM PST Feb 12, 2025 Pas 16 Alan Jay Fleet Ashlee Wilson 1 863-402-4234 1 ashlee.wilson@alanjay.com Vehicle: [Fleet] 2025 Ford Super Duty F-250 SRW (W2B) XL 4WD Crew Cab 6.75' Box ( Complete) 66S Upfitter Switches (6) $165.00 67D 190 Amp Alternator $0.00 99A Engine: 6.81- 2V DEVCT NA PFI V8 Gas $0.00 AS Medium Dark Slate, HD Vinyl 40/20/40 Split Bench Seat $0.00 TD8 Tires: LT245/75Rxl7E BSW A/S $0.00 X3E Electronic -Locking w/3.73 Axle Ratio $430.00 Z1 Oxford White $0.00 SUBTOTAL $53,230.00 Adjustments Total $0.00 Destination Charge $1,995.00 TOTAL PRICE $55,225.00 FUELECONOMY Est City:N/A Est Highway:N/A Est Highway Cruising Range:N/A This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 24697. Data Updated: Feb 11, 2025 6:45:00 PM PST. Feb 12, 2025 Pac 17 Alan Jay Fleet 1 Ashlee Wilson 1 863-402-4234 1 ashlee.wiIson@alanjay.com Vehicle: [Fleet] 2025 Ford Super Duty F-250 SRW (W213) XL 4WD Crew Cab 6.75' Box ( Complete) Standard Equipment Mechanical Exterior Engine: 6.81- 2V DEVCT NA PFI V8 Gas (STD) Transmission: TorgShift-G 10-Speed Automatic -inc: SelectShift and selectable drive modes: normal, eco, slippery roads, tow/haul and off -road (STD) 3.73 Axle Ratio (STD) GVWR: 10,000 lb Payload Package 50-State Emissions System Transmission w/Oil Cooler Electronic Transfer Case Part -Time Four -Wheel Drive 68-Amp/Hr 75OCCA Maintenance -Free Battery w/Run Down Protection 160 Amp Alternator Class V Towing Equipment -inc: Hitch and Trailer Sway Control Trailer Wiring Harness 3565# Maximum Payload HD Shock Absorbers Front Anti -Roll Bar Firm Suspension Hydraulic Power -Assist Steering 34 Gal. Fuel Tank Single Stainless Steel Exhaust Auto Locking Hubs Front Suspension w/Coil Springs Solid Axle Rear Suspension w/Leaf Springs 4-Wheel Disc Brakes w/4-Wheel ABS, Front And Rear Vented Discs, Brake Assist and Hill Hold Control Wheels: 17" Argent Painted Steel -inc: painted hub covers/center ornaments (STD) Tires: LT245/75Rxl7E BSW A/S -inc: Spare may not be the same as road tire (STD) Regular Box Style Steel Spare Wheel This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparers input is subject to the accuracy of the input provided. Data Version: 24697. Data Updated: Feb 11, 2025 6:45:00 PM PST. Feb 12, 2025 Pac 18 Alan Jay Fleet Ashlee Wilson 1 863-402-4234 1 ashlee.wilson@alanjay.com Vehicle: [Fleet] 2025 Ford Super Duty F-250 SRW (W213) XL 4WD Crew Cab 6.75' Box ( .'Complete) Exterior Entertainment Interior Full -Size Spare Tire Stored Underbody w/Crankdown Clearcoat Paint Black Front Bumper w/Black Rub Strip/Fascia Accent and 2 Tow Hooks Black Rear Step Bumper Black Side Windows Trim and Black Front Windshield Trim Black Door Handles Black Power Heated Side Mirrors w/Convex Spotter, Manual Folding and Turn Signal Indicator Manual Extendable Trailer Style Mirrors Fixed Rear Window Light Tinted Glass Variable Intermittent Wipers Aluminum Panels Black Grille Tailgate Rear Cargo Access Tailgate/Rear Door Lock Included w/Power Door Locks Boxside Steps Autolamp Auto On/Off Reflector Halogen Daytime Running Lights Preference Setting Headlamps w/Delay-Off Cargo Lamp w/High Mount Stop Light Perimeter/Approach Lights Radio w/Seek-Scan, Clock and Speed Compensated Volume Control Radio: AM/FM Stereo w/MP3 Player -inc: 6 speakers Fixed Antenna SYNC 4 -inc: 8" LCD capacitive touchscreen w/swipe capability, wireless phone connection, cloud connected, AppLink w/app catalog, 911 Assist, Apple CarPlay and Android Auto compatibility and digital owner's manual 2 LCD Monitors In The Front 4-Way Driver Seat -inc: Manual Recline and Fore/Aft Movement 4-Way Passenger Seat -inc: Manual Recline and Fore/Aft Movement 60-40 Folding Split -Bench Front Facing Fold -Up Cushion Rear Seat This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on reportpreparers input is subject to the accuracy of the input provided. Data Version: 24697. Data Updated: Feb 11, 2025 6:45:00 PM PST Feb 12, 2025 Pac 19 Alan Jay Fleet Ashlee Wilson 1 863-402-4234 1 ashlee.wilson@alanjay.com Vehicle: [Fleet] 2025 Ford Super Duty F-250 SRW (W213) XL 4WD Crew Cab 6.75' Box ( Complete) Interior Manual Tilt/Telescoping Steering Column Gauges -inc: Speedometer, Odometer, Oil Pressure, Engine Coolant Temp, Tachometer, Transmission Fluid Temp, Engine Hour Meter, Trip Odometer and Trip Computer Power Rear Windows FordPass Connect 5G Mobile Hotspot Internet Access Rear Cupholder Compass Remote Keyless Entry w/Integrated Key Transmitter, Illuminated Entry and Panic Button Cruise Control w/Steering Wheel Controls Manual Air Conditioning HVAC -inc: Underseat Ducts Illuminated Locking Glove Box Interior Trim -inc: Chrome Interior Accents Full Cloth Headliner Urethane Gear Shifter Material HD Vinyl 40/20/40 Split Bench Seat -inc: center armrest, cupholder, storage and driver's side manual lumbar Day -Night Rearview Mirror Passenger Visor Vanity Mirror Full Overhead Console w/Storage and 2 12V DC Power Outlets Fade -To -Off Interior Lighting Front And Rear Map Lights Full Vinyl/Rubber Floor Covering Pickup Cargo Box Lights Smart Device Remote Engine Start Instrument Panel Covered Bin and Dashboard Storage Power 1 st Row Windows w/Driver And Passenger 1-Touch Up/Down Delayed Accessory Power Power Door Locks w/Autolock Feature Driver Information Center Trip Computer This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 24697. Data Updated: Feb 11, 2025 6:45:00 PM PST Feb 12, 2025 Pac 20 Alan Jay Fleet Ashlee Wilson 1 863-402-4234 1 ashlee.wilson@alanjay.com Vehicle: [Fleet] 2025 Ford Super Duty F-250 SRW (W213) XL 4WD Crew Cab 6.75' Box ( Interior Safety -Mechanical Safety -Exterior Safety -Interior WARRANTY Outside Temp Gauge Digital/Analog Appearance Seats wNinyl Back Material Manual Adjustable Front Head Restraints and Manual Adjustable Rear Head Restraints Perimeter Alarm Securilock Anti -Theft Ignition (pats) Immobilizer 2 12V DC Power Outlets Air Filtration Complete) AdvanceTrac w/Roll Stability Control Electronic Stability Control (ESC) And Roll Stability Control (RSC) ABS And Driveline Traction Control Side Impact Beams Dual Stage Driver And Passenger Seat -Mounted Side Airbags Tire Specific Low Tire Pressure Warning Safety Canopy System Curtain 1 st And 2nd Row Airbags Outboard Front Lap And Shoulder Safety Belts -inc: Rear Center 3 Point and Height Adjusters Dual Stage Driver And Passenger Front Airbags Rear Child Safety Locks Back -Up Camera Basic Years: 3 Basic Miles/km: 36,000 Drivetrain Years: 5 Drivetrain Miles/km: 60,000 Corrosion Years: 5 Corrosion Miles/km: Unlimited Roadside Assistance Years: 5 Roadside Assistance Miles/km: 60,000 This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 24697. Data Updated: Feb 11, 2025 6:45:00 PM PST Feb 12, 2025 Pac21 I Alan Jay Fleet Ashlee Wilson 1 863-402-4234 1 ashlee.wilson@alanjay.com Vehicle: [Fleet] 2025 Ford Super Duty F-250 SRW (W2B) XL 4WD Crew Cab 6.75' Box (,.':Complete) Technical Specifications Powertrain Transmission Drivetrain Four Wheel Drive Trans Order Code 44F Trans Type 10 Trans Description Cont. Automatic w/OD Trans Description Cont. Again N/A First Gear Ratio (A) 4.70 Second Gear Ratio (:1) 2.98 Third Gear Ratio (A) 2.15 Fourth Gear Ratio (A) 1.77 Fifth Gear Ratio (:1) 1.52 Sixth Gear Ratio (A) 1.27 Reverse Ratio (:1) 4.87 Clutch Size N/A Trans Power Take Off N/A Final Drive Axle Ratio (:1) N/A Transfer Case Model Electronic Transfer Case Gear Ratio (A), High N/A Transfer Case Gear Ratio (:1), Low N/A Transfer Case Power Take Off No Seventh Gear Ratio (:1) 1.00 Eighth Gear Ratio (:1) 0.85 Ninth Gear Ratio (A) N/A Tenth Gear Ratio (:1) N/A Mileage EPA Fuel Economy Est - Hwy N/A Cruising Range - City N/A EPA Fuel Economy Est - City N/A Fuel Economy Est -Combined N/A Cruising Range - Hwy N/A Estimated Battery Range N/A Engine Engine Order Code 99A Engine Type Regular Unleaded V-8 Displacement 6.8 L/415 Fuel System Sequential MPI SAE Net Horsepower @ RPM 405 @ 5000 SAE Net Torque @ RPM 445 @ 4000 Engine Oil Cooler None Electrical Cold Cranking Amps @ 0° F (Primary) 750 Cold Cranking Amps @ 0' F (2nd) 750 Cold Cranking Amps @ 0° F (3rd) N/A Maximum Alternator Capacity (amps) 190 This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 24697. Data Updated: Feb 11, 2025 6:45:00 PM PST Feb 12, 2025 Pa`22 Alan Jay Fleet Ashlee Wilson 1 863-402-4234 1 ashlee.wilson@alanjay.com Vehicle: [Fleet] 2025 Ford Super Duty F-250 SRW (W2B) XL 4WD Crew Cab 6.75' Box ( Complete) Powertrain Cooling System Total Cooling System Capacity N/A Vehicle Emissions Tons/yr of CO2 Emissions @ 15K mi/year N/A EPA Greenhouse Gas Score N/A Chassis Weight Information Standard Weight - Front 0.00 Ibs Standard Weight - Rear 0.00 Ibs Base Curb Weight 6396 Ibs Gross Axle Wt Rating - Front 4800 Ibs Gross Axle Wt Rating - Rear 6340 Ibs Curb Weight - Front 3787 Ibs Curb Weight - Rear 2609 Ibs Option Weight - Front 0.00 Ibs Option Weight - Rear 0.00 Ibs Reserve Axle Capacity - Front 1013.00 Ibs Reserve Axle Capacity - Rear 3731.00 Ibs As Spec'd Curb Weight 6396.00 Ibs As Spec'd Payload 3604.00 Ibs Maximum Payload Capacity 3604.00 Ibs Gross Combined Wt Rating 21000 Ibs Gross Axle Weight Rating 11140.00 Ibs Curb Weight 6396.00 Ibs Reserve Axle Capacity 4744.00 Ibs Total Option Weight 0.00 Ibs Payload Weight Front 0 Ibs Payload Weight Rear 0 Ibs Gross Vehicle Weight Rating 10000.00 Ibs Trailering Dead Weight Hitch - Max Trailer Wt. 5000 Ibs Dead Weight Hitch - Max Tongue Wt. 500 Ibs Wt Distributing Hitch - Max Trailer Wt. 14100 Ibs Wt Distributing Hitch - Max Tongue Wt. 1410 Ibs Fifth Wheel Hitch - Max Trailer Wt. 13900 Ibs Fifth Wheel Hitch - Max Tongue Wt. 3475 Ibs Maximum Trailering Capacity 14100 Ibs Frame Frame Type N/A Sect Modulus Rails Only N/A Frame RBM N/A Frame Strength N/A Frame Thickness NIA This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparers input is subject to the accuracy of the input provided. Data Version: 24697. Data Updated: Feb 11, 2025 6:45:00 PM PST. Feb 12, 2025 Pac23 Alan Jay Fleet Ashlee Wilson 1 863-402-4234 1 ashlee.wilson@alanjay.com Vehicle: [Fleet] 2025 Ford Super Duty F-250 SRW (W213) XL 4WD Crew Cab 6.75' Box ( Complete) Chassis Suspension Suspension Type - Front Other Suspension Type - Rear Leaf Spring Capacity - Front 4800 Ibs Spring Capacity - Rear 6340 Ibs Axle Type - Front Non -Independent Axle Type - Rear Rigid Axle Axle Capacity - Front 6000 Ibs Axle Capacity - Rear 7280 Ibs Axle Ratio (A) - Front 3.73 Axle Ratio (A) - Rear 3.73 Shock Absorber Diameter - Front NIA Shock Absorber Diameter - Rear N/A Stabilizer Bar Diameter - Front N/A Stabilizer Bar Diameter - Rear N/A Tires Front Tire Order Code TD8 Rear Tire Order Code TD8 Spare Tire Order Code N/A Front Tire Size LT245175SR17 Rear Tire Size LT245/75SR17 Spare Tire Size Full -Size Front Tire Capacity 6390 Ibs Rear Tire Capacity 6390 Ibs Spare Tire Capacity N/A Revolutions/Mile @ 45 mph - Front 649 Revolutions/Mile @ 45 mph - Rear 649 Revolutions/Mile @ 45 mph - Spare N/A Wheels Front Wheel Size 17 X 7.5 in Rear Wheel Size 17 X 7.5 in Spare Wheel Size Full -Size in Front Wheel Material Steel Rear Wheel Material Steel Spare Wheel Material Steel Steering Steering Type Re -Circulating Steering Ratio (A), Overall N/A Ball Steering Ratio (A), On Center N/A Steering Ratio (A), At Lock N/A Turning Diameter - Curb to Curb 53 ft Turning Diameter - Wall to Wall N/A Brakes Brake Type 4-Wheel Disc Brake ABS System 4-Wheel Brake ABS System (Second Line) 4-Wheel Disc - Front (Yes or ) Yes Disc - Rear (Yes or ) Yes Front Brake Rotor Diam x Thickness 14.3 in This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 24697. Data Updated: Feb 11, 2025 6:45:00 PM PST. Feb 12, 2026 PagE 24 Alan Jay Fleet Ashlee Wilson 1 863-402-4234 1 ashlee.wilson@alanjay.com Vehicle: [Fleet] 2025 Ford Super Duty F-250 SRW (W213) XL 4WD Crew Cab 6.75' Box ( Complete) Chassis Brakes Rear Brake Rotor Diam x Thickness 14.3 in Drum - Rear (Yes or ) N/A Rear Drum Diam x Width N/A Fuel Tank Fuel Tank Capacity, Approx 34 gal Aux Fuel Tank Capacity, Approx N/A Fuel Tank Location N/A Aux Fuel Tank Location N/A Dimensions Interior Dimensions Passenger Capacity 6 Front Head Room 40.8 in Front Leg Room 43.9 in Front Shoulder Room 66.7 in Front Hip Room 62.5 in Second Head Room 40.4 in Second Leg Room 43.6 in Second Shoulder Room 65.9 in Second Hip Room 64.7 in Exterior Dimensions Wheelbase 160 in Length, Overall w/o rear bumper N/A Length, Overall w/rear bumper N/A Length, Overall 250 in Width, Max w/o mirrors 80 in Height, Overall 81.5 in Overhang, Front 38.2 in Overhang, Rear w/o bumper N/A Front Bumper to Back of Cab N/A Cab to Axle 39.9 in Cab to End of Frame N/A Ground to Top of Load Floor 37.2 in Ground to Top of Frame N/A Frame Width, Rear N/A Ground Clearance, Front 8.5 in Ground Clearance, Rear 8.5 in Body Length 0.00 ft Cab to Body N/A Cargo Area Dimensions Cargo Box Length @ Floor 81.9 in Cargo Box Width @ Top, Rear 66.9 in Cargo Box Width @ Floor 66.9 in Cargo Box Width @ Wheelhousings 50.5 in Cargo Box (Area) Height 21.1 in Tailgate Width 60.5 in This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparers input is subject to the accuracy of the input provided. Data Version: 24697. Data Updated: Feb 11, 20256:45:00 PM PST. Feb 12, 2025 Pagc25 Alan Jay Fleet Ashlee Wilson 1 863-402-4234 1 ashlee.wilson@alanjay.com Vehicle: [Fleet] 2025 Ford Super Duty F-250 SRW (W213) XL 4WD Crew Cab 6.75' Box (;' Complete ) Dimensions Cargo Area Dimensions Cargo Volume 65.4 ft3 Ext'd Cab Cargo Volume N/A This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content ud.�u uo ,spurt preparers input is subject to the accuracy of the input provided. Data Version: 24697. Data Updated: Feb 11, 2025 6:45:00 PM PST. Feb 12, 2025 PagE 26 DocuSign Envelope ID: CF25B13B-7B09-48SC-B85D-F1A7A7104FDA 091521 -NAF Sourcewell Solicitation Number: RFP #091521 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC dba: National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires November 8, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Rev.3/2021 27 DocuSign Envelope ID: CF25B13B-7B09-48BC-B85D-F1A7A7104FDA 091521-NAF Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier 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, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that extends beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier's authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier's responsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be Rev. 3/2021 28 DocuSign Envelope ID: CF25B13B-7B09-48BC-B85D-F1A.7A7104FDA 091521 -NAF 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 time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax - exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At anytime during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must; • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; Rev. 3/2021 29 DocuSign Envelope ID: CF25B13B-7B09-48BC-B85D-F1A7A7104FDA 091521-NAF • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference. S. 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. Supplier understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier's employees maybe required to perform work at government - owned facilities, including schools. Supplier's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell Rev. 3/2021 30 DocuSign Envelope ID: CF25B13B-7B09-48BC-B85D-F1A7A7104FDA 091521-NAF contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier's acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry -specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. 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 not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: Rev. 3/2021 31 DocuSign Envelope ID: CF25B13B-7B09-48BC-B85D-F1A7A7104FDA 091521-NAF • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 4S days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: • Participating Entity Name (e.g., City of Staples Highway Department); • Participating Entity Physical Street Address; • Participating Entity City; • Participating Entity State/Province; • Participating Entity Zip/Postal Code; • Participating Entity Contact Name; • Participating Entity Contact Email Address; • Participating Entity Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased Rev. 3/2021 32 DocuSign Envelope ID: CF25B13B-7B09-48BC-B85D-F1A7A7104FDA 091521-NAF by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier's Authorized Representative is the person named in the Supplier's Proposal, If Supplier's Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this 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 party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties. Rev. 3/2021 33 DocuSign Envelope ID: CF25131313-7609-4813C-1385D F1A7A7104FDA 091521 -NAF E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master -servant, or principal -agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier 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. Sourcewell's responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty -free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Supplier. b. Supplier grants to Sourcewell a royalty -free, worldwide, non-exclusive right and license to use Supplier's trademarks in advertising and promotional materials for the purpose of marketing Supplier's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, Rev. 3/2021 34 DocuSign Envelope ID: CF25B13B-7B09-48BC-B85D-F1A7A7104FDA 091521-NAF resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Neither party may alter the other party's trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's trademarks only in good faith and in a dignified manner consistent with such 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, Supplier 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 Supplier 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 suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. 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 Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services. Rev. 3/2021 35 DocuSign Envelope ID: CF25B13B-7B09-48BC-B85D-F1A7A7104FDA 091521-NAF 14. GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other 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 by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Rev. 3/2021 10 36 DocuSign Envelope ID: CF25B13B-7B09-48BC-B85D-F1A7A7104FDA 091521-NAF The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non -defaulting party may: • Exercise any remedy provided 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, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below-. Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products -completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising 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, Supplier will maintain insurance covering all owned, hired, and non -owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms Rev. 3/2021 11 37 DocuSign Envelope ID: CF25E13B-7B09-48BC:-B85D-F1A7A7104FDA 091521-NAF no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer's Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data — including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsements) must further provide that coverage is Rev.3/2021 12 DocuSign Envelope ID: CF25B13B-7B09-48BC-B85D-F1A7A7104FDA 091521-NAF primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self -insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. 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. Supplier 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 Supplier conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. Rev. 3/2021 13 39 DocuSign Envelope ID: CF25B13B-7B09-48BC-B85D-F1A7A7104FDA 091521-NAF 21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"), The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis -Bacon Act provisions. Rev.3/2021 14 40 DocuSign Envelope ID: CF25B13B-7B09-48BC-B85D-F1A7A7104FDA 091521-NAF C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A 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. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. 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. 3/2021 15 41 DocuSign Envelope ID: CF25B13B-7BOO-48BC-B85D-F1A7A7104FDA 091521-NAF of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier's personnel for the purpose of 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. 3/2021 16 42 DocuSign Envelope ID: CF25B13B-7B03-486C-B85D-F1A7AT104FDA 091521-NAF and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre -approval. N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. 0. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier's actions pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non -delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. Rev. 3/2021 17 43 DocuSign Envelope ID: CF25613B-7B09-48BC-B85D-F1A7,47104FDA 22. CANCELLATION 091521-NAF Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell 72 Hour LLC dba: National Auto Fleet Group DocusEFACBB6730CIE467 lgned by: DocuSigned by: I S(J� AyfE,7 COFD2A139DOU89...By: By, .. Jeremy Schwartz Jesse Cooper Title: Chief Procurement Officer Title: Fleet Manager 11/4/2021 1 1:28 PM CDT 11/4/2021 1 10:46 AM CDT Date: Date: Approved: e®Docuftned by: By: _7E42B8F817A54CC... Chad Coauette Title: Executive Director/CEO 11/4/2021 1 1:34 PM CDT Date: Rev.3/2021 18 44 DecuSign Envelope ID: CF25B13B-7B09-48BC-B85D-F1A7A7104FDA RFP 091521 - Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories Vendor Details Company Name: 72 HOUR LLC Does your company conduct business under any other name? If National Auto Fleet Group yes, please state: 490 Auto Center Drive Address: Watsonville, CA 95076 Contact: Jesse Cooper Email: Jcooper@nationalautofleetgroup.com Phone: 951-440-0585 Fax: 831-840-8497 HST#: 263297677 Submission Details Created On: Tuesday August 24, 2021 16:34:10 Submitted On: Tuesday September 14, 2021 14:10:21 Submitted By: Jesse Cooper Email: Jcooper@nationalautofleetgroup.com Transaction #: d2e890de-e761-4f47-9b23-bef3d512bd76 Submitter's IP Address: 76.81.241.2 Bid Number: RFP 091521 Vendor Name: 72 HOUR LL,45 DocuSign Envelope ID: CF25B1313-7B09-48BC-B85D•F1A7A7104FDA Specifications Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the question does not apply to you (preferably with an explanation). Line Item 1 2 13 Proposer Legal Name (one legal entity only): (In the 72 Hour LLC event of award, will execute the resulting contract jas "Supplier"Z [Identify all subsidiary entities of the Proposer whose ANCAF, LLC products, or services are included in the WCDJR, LLC �equiprrtyt, pPlan Ja)J Autornetivt )nc tify all applicable assumed names or DBA names of NAFG has numerous subsidiaries and DBA's including but the Proposer or Proposer's subsidiaries in Line 1 or National Auto Fleet Group, Line 2 above. Chevrolet of Watsonville, Watsonville Ford Watsonville CDJR Watsonville Fleet Group Nan Jay Chrysler Jeep Inc Alan Jay Chevrolet, Cadillac Alan Jay Buick, GMC Alan Jay Auto Outlet Clewiston Motor Company, Inc Alan Jay Chrysler Dodge Ram Jeep Nan Jay Lincoln Alan Jay Ford Alan Jay Nissan Nan Jay Toyota 14 Proposer Physical Address: 49U Auto Center Drive WpIispnvlllpr CAA 95076 f5 Proposer y(04ite address (or addresses): Iwww.NatwnalAutoOieetGroup.com 16 Proposer's Autirorikli Representative (name, title, Jesse Cooper address, email address & phone) (The representative Fleet Manager must have authority to sign the "Proposers Assurance of Compliance" on behaff of the Proposer and, in the 1-855-289-6572 3vent of award, will be expected to execute the resulting 490 Auto Center Drive contract): Watsonville, CA 95076 J000per@nationalautofleetgroup.com 7 3roposers primary contact for this proposal (name, title, Jesse Cooper address, email address & phone): Fleet Manager 1-855-289-6572 490 Auto Center Drive Watsonville, CA 95076 �Poo )erQn •g `�onalautofleetgroup.com B Proposers other contacts tor this proposal, if any CIA( ✓L%oper (Fleet '(name, title, address, email address & phone): Manger 1-855-289-6572 490 Auto Center Drive Watsonville, CA 95076 ClarkeCooper@watsonvi I lefleetg roup.com Table 2: Company Information and Financial Strength Line question Item I Response' Bid Number: RFP 091521 Vendor Name: 72 HOUR LL1- DocuSign Envelope ID: CF25B13B-7B09-48BC-B85D-F1A7A7104FDA 9 Provide a brief history of your company, including your National Auto Fleet Group started as a new division of 72 Hour LLC, in the summer of 2010 In the company's core values, business philosophy, and heart of Southern California. We began our network with a single automobile dealership and have now industry longevity related to the requested equipment, grown our network to encompass numerous dealerships located in and outside of California. products or services. We stand by providing opportunities for advancement by hiring and promoting from within our organization. Many of the Fleet Managers who started with us in 2010 are still with us today. Through the years, we have evolved and adapted to the new technology driven trends that are revolutionizing the automotive industry today. However, our brand's fundamental core values have remained unchanged — We are committed to do right for the members. If we take care of them, they will in return take care of us. National Auto Fleet Group's operational blueprint and business philosophy has always been the "4 RIGHT's" for every member: We deliver the RIGHT vehicle, at the RIGHT time, to the RIGHT place at the RIGHT price. The integrity of our business stems on our deep family roots in the automotive industry. We are and always will be family owned and operated with our future generations already in their infant stages today. We are committed to pioneering our industry for decades to come. 10 What are your company's expectations in the event of If awarded, this would be our 5th Sourcewell Contract and we would execute as such. We will an award? continue to serve your members and provide them with excellent customer service while continuing to advance customer satisfaction. Along with implementing new business growth strategies that will ultimately launch us into new heights once again. Furthermore, we will launch our Partner Program detailed in the attached "marketing Plan Compressed" Zip file. This next generation application will give members the power to select upfitters they would like NAFG to partner with in providing satisfactory quotes and service. We see tremendous value in building out these mutually beneficial partnerships, so we can provide 100% satisfactory turnkey solutions to the members. 11 Demonstrate your financial strength and stability with To demonstrate NAFG's financial strength and stability, we have uploaded Bank Commitment letters meaningful data. This could include such items as under the Financial Strength Section of the online application. We have a direct line of credit of financial statements, SEC filings, credit and bond $52,000,00.00 that we are currently utilizing with our current and past Sourcewell Contracts. However, ratings, letters of credit, and detailed reference letters. this number is not capped as we have the freedom to extend the cap to accommodate the revolving Upload supporting documents (as applicable) in the needs of the members. document upload section of your response. Referenced below is a short register of some of our market success from awarded government contracts that encompass over $140,000,000.00 worth of products and goods under our current Sourcewell Contract. A. City of San Diego, CA $ 72,000,000 contract under our Sourcewell Contract 120716-NAF. B. City of San Diego, CA $ 55,400,000 contract under our Sourcewell Contract 081716-NAF. C. Government Fleet Article Highlighting our transaction with the City of San Diego, CA procuring over 100 Police vehicles through NAFG Sourcewell Contract 120716-NAF. D. City of Los Angeles World Airports, CA Contract for $ 24,003,500 under Sourcewell Contract 120716-NAF for the procurement of 400 vehicles. E. City of Los Angeles Harbor, CA Contract Extension to $ 4,500,000 contract under Sourcewell Contract 120716-NAF. F. City of Los Angeles Harbor, CA Contract for $1,500,000 under our Sourcewell Contract 120716-NAF. G. City of Los Angeles Harbor, CA Renewal for another $ 1,500,000 under Sourcewell Contract Class 6, 7 and 8 Contract 081716-NAF. H. City of Costa Mesa, CA Contract $1,023,220 under our Sourcewell Contract 120716-NAF. I. Blanket Contracts with the State of Maryland, MD off our current Class 6, 7 and 8 Chassis Contract 081716-NAF, J. Blanket Contracts with the State of Maryland, MD off our Current Sourcewell Contract 120716-NAF. We have also attached our Commitment Letters for unparallel support from leading nationally recognized upfit suppliers such The Knapheide Manufacturing Company. Along with regional suppliers such as Brand FX and Phenix Truck Body located in Southern California serve as regional support locations, whom we often work alongside to fulfill all member needs with past, present, and future orders with NAFG. Included are also Upfitter Recommendation letters to illustrate how National Auto Fleet Group has taken a proactive interest in building mutually beneficial relationship with our upfitters. Mutuality and reciprocity relationships between body companies and our dealer's are two of the key components that help members receive what they need in a smooth and efficient fashion. In addition, the adoption of our Class 6, 7, and 8 Contract from Anne Arundel County in the state of Maryland is as an example of how National Auto Fleet Group attracts and retains new clients by demonstrating to them there's a better and more efficient way of finding turnkey solutions. Lastly, we have attached supporting documents that help emphasize and exemplify our growth since our first awarded Sourcewell Contract in 2012. We sincerely hope it helps portray our commitment to building rrfelong rapport and trust with our partner upfitters and members. 12 What is your US market share for the solutions that . Of our respective brands and OEM's we represent, the US market share is estimated to be 60 — you are proposing? 75%. 13 What is your Canadian market share for the solutions It is difficult to estimate the market share for the brands and OEM's we represent, however we that you are proposing? estimate that it should be the same 60 -75 % of the US share. 14 Has your business ever petitioned for bankruptcy No. protection? If so, explain in detail. Bid Number: RFP 091521 Vendor Name: 72 HOUR LD- DocuSign Envelope ID: CF25B13B-7BQ9-48RC-B85D-F1A7A7104FDA 15 How is your organization best described: is It a National Auto Fleet Group is a dealer network best categorized as "A" - Distributer/Dealer/Reseller manufacturer, a distributor/dealer/reseller, or a service and Dealer Partner for (15) OEM Manufacturers including Ford Motor Company, Chevrolet, RAM, provider'? Answer whichever question (either a) or b) GMC, Buick, Chrysler, Dodge, Jeep, Toyota, Nissan, KIA, BMW, Honda, Cadillac and Volkswagen, All just below) best applies to your organization. orders are placed with the franchised dealer and ultimately titled directly to the member. All a) If your company is best described as a appropriate certification certificates and authorized DMV/Factory licenses may be found in the "Related distributor/dealer/reseller (or similar entity), provide your Certification" section uploaded to this RFP. It should be noted we do not sell used equipment to written authorization to act as a members. 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? 16 If applicable, provide a detailed explanation outlining Required licenses include a Dealer's License, a Franchise issued by the Manufacture a Department the licenses and certifications that are both required to of Motor Vehicles License, as well as a Reseller's permit license. All which NAFG and Dealer be held, and actually held, by your organization Partner's hold. Please review our attachment documents in section "Related Certification" for licenses (including third parties and subcontractors that you use) that we either solely own or are jointly owned by our partner dealers that pertain to this RFP. A list of in pursuit of the business contemplated by this RFP. all our licenses are below, some of which may not pertain to class 1-3 but to class 4-8. CA Certificate of Good Standing 200824810190 State of Florida License Certificates: VF/1000974/4 VF/1000950/1 VF/1046516/1 VF/1024619/2 VF/1024619/1 VF/1018615/1 VF/1021891/1 VF/1000974/3 VF/l 105916/1 VF/102070511 VF/1000969/1 CA State Seller's Permit 101-135239 CA State Seller's Permit 245364864-00001 Department of Motor Vehicle, Vehicle Dealer/ License Number 97772 Department of Motor Vehicle, Vehicle Dealer License Number 97771 Department of Motor Vehicle, Vehicle Dealer License Number 43609 Bureau of Automotive repair Registration # ARD00296319 123120 CA State Seller's Permit 232781952-00001 City of Watsonville Business License Number 1792 City of Watsonville Business License Number 4358 Fictitious Business Names from Santa Cruz County for National Auto Fleet Group FBN: 2017-0000138 California General Resale Certificate Dun & Bradstreet Number: 023680653 Government of The District of Columbia Certificate Government of the District of Columbia Tax Registration # 7815B88160711 City of Los Angeles Tax Registration Government of The District of Columbia CLEAN HANDS CERTIFICATION San Diego Freightliner Seller's Permit Commonwealth of Virginia State Corporation Commission Certificate State of Maryland Good Standing Certificate Kansas Department of Revenue for Kansas City Peterbilt New Jersey Department of Treasury Registration Certificate New Jersey Business Registration Notice of Compliance of the Canton City Codified Ordinance Employee Information Report for the State of New Jersey State of Maryland New Sales and Use tax License CA State Sellers Permit 98-037902 00006 South Carolina Department of Motor Vehicles License Number 36133 State of South Carolina Retail License Commonwealth of Kentucky Vehicle Dealer License 1583 20 100 State of West Virginia Dealer License Commonwealth of Kentucky Vehicle Dealer License 1581 20 036 State of Tennessee Vehicle Dealer License Provide all "Suspension or Debarment" information that Not Applicable, none. has applied to your organization during the past ten years. Bid Number: RFP 091521 Vendor Name: 72 HOUR LL148 DocuSign Envelope ID: CF25B13B-7B0g-48BC-B85D-F1A7A7104FDA Table 3: Industry Recognition & Marketplace Success Line Item Question Response 18 Describe any relevant industry awards or recognition National Auto Fleet Group's received its most prestigious award for Top Placement within Ford Motor that your company has received in the past five years Company as the leading dealership in Government Sales. In addition, our Chevrolet brand was highly ranked and honored 4/5 consecutive years by General Motors. 19 What percentage of your sales are to the Within our fleet division, 90% of our contracts within the past three years have been with government governmental sector in the past three years accounts. 20 What percentage of your sales are to the education Within the past 3 years 90% of our sales have been to government accounts, 20% of which are sector in the past three years within the education sector. 21 List any state, provincial, or cooperative purchasing We hold the State of California contract with volumes from 200 to 500 units a year over the past contracts that you hold. What is the annual sales three years. In addition, our Sourcewell Contract's 091219, 081716 and 120716 that we have volume for each of these contracts over the past three maintained over the past three years has sold combined north of 400 million of Combined Quarterly years? Sales. 22 List any GSA contracts or Standing Offers and Supply National Auto Fleet Group's focus lies on the Sourcewell Contract. NAFG holds no other GSA Arrangements (SOSA) that you hold. What is the contract, Standing Offers, or Supply Arrangements other than the State of California contract. Our annual sales volume for each of these contracts over annual sales volume is estimated to be north of $200 million. the past three years? Table 4: References/Testimonials Line Item 23. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name Contact Name ' Phone Number" Port of Los Angeles, CA Mr. Dave Comer 310-72-3794 County of Venture, CA Mr. Jorge Bnilla 805-672-2044 City of Austin, TX Mr. Matt Sager 512-978-2637 County of San Joaquin, CA Mr. David Myers 209-468-9745 City of Palo Alto, CA Ms. Danitra Bahlman 650-496-5920 Table 5: Top Five Government or Education Customers Line Item 24. 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 City of Austin Government Los Angeles Government Department of Water and Power Port of Los Government Angeles Anne Arundel Government County City of San Diego Government State / Province Scope of Work Texas -TX Purchaser California - CA Purchaser California - CA Purchaser Maryland - MD Purchaser California - CA Purchaser Table 6: Ability to Sell and Deliver Service Size of Transactions Dollar Volume Past Three Years 10-15 Vehicles at once, Vans Over 1M and SUVs Over 120 Vehicles, Vans and Over 3M SUVs Over 80 Trucks, Vans and SUVs Over 2M Over 40 Trucks, Vans and SUVs Over iM « Over 500 Trucks, Vans, SUV Over 15M Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Line Question i Response ' Item 25 Sales force. Our sales force consists of direct and an indirect sales force. Our direct sales force consists of direct employees and partner dealers, which exceeds an employee count of 300 personnel both full time and part time. Many of our sales force are spread across the US and we leverage our relationships with our larger class dealerships to service the members lower class vehicle needs as well. A cross sales force. These individuals help support our dealerships and NAFG Fleet Division directly. On the other hand, our indirect sales force made up of upfitters and partner suppliers consists of over 100 personnel with our partner network and sales force growing annually. With both direct and indirect sales force staff working together, NAFG has been able to successfully grow, maintain and service the demand of the members. As the number of your members grow, we will continuously welcome more staff to not only meet customer demand, but also to exceed customer expectations. Bid Number: RFP 091521 Vendor Name: 72 HOUR LLt49 DocuSign Envelope ID: CF25B13B-7B09-48BC-B85D-F1A7A7104FDA 26 Dealer network or other distribution methods. 27 Service force. 28 Describe the ordering process. If orders will be handled by distributors, dealers or others, explain the respective roles of the Proposer and others. 29 Describe in detail the process and procedure of your customer service program, if applicable. Include your response -time capabilities and commitments, as well as any incentives that help your providers meet your stated service goals or promises. 30 Describe your ability and willingness to provide your products and services to Sourcewell participating entities in the United States. 31 Describe your ability and willingness to provide your products and services to Sourcewell participating entities in Canada. 32 Identify any geographic areas of the United States or Canada that you will NOT be fully serving through the proposed contract. Our franchise network in Canada and the U.S is fortunately second to none Our 15 proposed GEMS previously mentioned, all of which have established a presence nationwide with factory stores strategically planed where all members can receive service and iomplete warranty repairs with their respective products. Simple put the North Amencan and Canadian automobile supply chain network is one of the best in the world. Of the 15 brands we represent, the OEMs have put in place a dealer network across all 50 states that will allow us to best serve all members. The 15 manufactures we represent have thousands of service locations that would be easily accessible to all your members. Service centers and warranty repair facilities for all 15 OEMs are ample and ready to help service our members and their needs. However, Alaska and Hawaii may be exceptions as they may have farther distances between franchises where members can utilize the repair services. The member may order their vehicles by navigating to our website, www.NationalAutoFleetGroup.com and going through the step-by-step process to generate an online quote or by calling one of our representatives at 855-289-6572 or by sending NAFG an email at Fleet@NationalAutoFleetGroup.com. Orders are then processed directly to the manufacturer who will work to supply the vehicle to the ship - to location for upfittinig or end user desired delivery location. To best demonstrate our Customer Service program, kindly reference the ZIP file "Member Walk Through" that is attached in the Additional Documents folder. Please begin with and review in order that is explained below: How Members Can Get Quotes Online: A member can obtain most quotes by visiting our website www.Nationa]AutoFleetGroup.com where a simple one step form Is needed for registration. This is to protect the price information from nonmembers. Once a member registers they will receive an automated welcome email with a demo video on how to use our site. Members will gain access to there very own dashboard which will house all there quotes in one safe secure login. Members can select which brand they are looking for and model year. Our site shows all the categories the brand offers such as: Cars, Vans, SUV's Trucks and Chassis Cabs. Members will then be able to drill down for the right selection by picking from the filler menu of what cab there looking for (Regular, Extended or Crew) to 2 wheel or 4 wheel drive down to the bed length there looking for. All factory options are then presented for the member to select from, this will show all current factory orderable options, taking the guess work out for the member. Once a member selects a desire build, they will see there Sourcewell Price report showing the MSRP, there contract price, the saving in real dollars and as a percentage. In the PDF example you can see a saving of $ 9,175.96 of 22.345% to the member showing a significant savings. Members then can chose to add extra's to there order like extra keys' service manuals, sales tax and even request an upfit to be added to there quote. Lastly they will be given a complete turn key quote package to print which will include there customized Quote ID, Description and Specifications of what they built. How Members and Upfitters can Partner with NAFG: Our dedicated website www.NAFGPartner.com was built to accommodate the member who would like a certain upfitter to upfit there vehicles. It was also built for upfitters to have a place to go where they can find information on how to partner with NAFG to better serve there local members. Example of A Member with Upfit Quote: This is an example of how we use our Cab Chassis and combine them with an upfit to provide a turnkey solution for the member in a simple to follow format. ETA System for Members Walk Through: This is where members can easily come to our website, the same website they built there chassis on and track there order like they would a UPS package. We have a very simple display on our homepage "Track your order" where members can enter one of the following: Purchase Order Number, Quote ID, Upfit Quote ID or vin to easily see there in the process there particular order is in. Courtesy Confirmation Explained: After NAFG receives an order from a Member, we always like to send them a Courtesy Confirmation. This is were the member will double check some particulars on there order like, Color, Quantity, Upfit and Specification's are all correct before order placement. We also like to ask for title information at this point so we can help process the paperwork at delivery promptly. Factory Order Cut Off Notices: Here is were we like to highlight were members can access any upcoming factory order cut off dates. We walk them through the process step by step to ensure everyone knows the upcoming order cut off date, we even print this information (if known at the time) right on the cover page of there quotes. Validation Walk Through Example: To demonstrate a price validation, we show what a member would see when they build a truck on our site. At check out the member would see the Total Configured MSRP of $ 35,730.00, A Sourcewell Price of $ 27,331.68, Total Saving of $ 8,398.32 or 23.505% for a 2020 F-250 followed by the pricing page which shows the Minimum Discount of at least 18.50%. As you see we provided an additional 5% discount on top of the 18.50% contract discount. This would be the case in most instances. Our willingness and ability to service members nationwide is unparalleled. We have dedicated staff 5 days a week, from 7am to 7pm standing by ready to assist any member help find the best solution for there needs even if helping assist them to the best Sourcewell Contract that could be a solution. We have a dedicated live chat feature on our online quote generating website in case any member has any trouble at all in building there quotes. NAFG has established a chain of suppliers who are at the ready to serve if called upon by any member. We are here to help. We are willing and eager to soon extend our business model and network into Canada. We believe partnering with local Canadian based dealer groups is key to success in the Canadian market. NAFG's competitive pricing as well as a simple US Dollar to Canadian conversation will help NAFG expand into the Canadian market for participating Sourcewell members. National Auto Fleet Group will handle servicing 100% of all geographic areas located in the United States. Although it is unclear what unseen obstacles we may face in Canada, NAFG is committed to building the same model to service Canada and providing the same level of customer satisfaction, service, and care as in the United States. Bid Number: RFP 091521 Vendor Name: 72 HOUR LLl_ DocuSign Envelope ID: CF25B13B-7B09-48BC-B85D-FlA7A7104FDA 33 Identify any Sourcewell participating entity sectors NAFG will continue to service all Sourcewell Members through our 24 hour a day, 7 days a week (i.e., government, education, not -for -profit) that you online portal with the exclusion of Non -Profits. Unfortunately, Non -Profits are often not eligible for the will NOT be fuily serving through the proposed same discount's government entities are qualified for. However, Non -Profits are subject to a different contract. Explain in detail_ For example, does your pricing program and will be evaluated on a case to case basis. company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 34 Define any specific contract requirements or The only possible logistical constraints we may face is the shipping constraints for shipments arriving in restrictions that would apply to our participating Alaska, Hawaii and US Territories. For example, we often provide members in Alaska or Hawaii with entities in Hawaii and Alaska and in US Territories. vehicles that often have upfits. To circumvent this potential issue, members allow us to add these extra shipping and port costs to their quotes. Table 7: Marketing Plan Line Question Item Response 35 Describe your marketing strategy for promoting National Auto Fleet Group encompasses a variety of marketing strategies to promote our products and this contract opportunity. Upload services to streamline the vehicle purchasing process for government entities. Below are a few strategies representative samples of your marketing used to serve as the gateway between our business and public agencies. materials (if applicable) in the document upload section of your response. Website and Inbound Marketing: The creation of a professional customer -focused website is one of our main features to market our products and services. The NAFG website encourages our members to interact and browse through products offered along with pricing and information about National Auto Fleet Group. Inbound marketing is created when potential members are directed to the company website. With this method, we are able to not only connect with members but to put the purchasing ability into the hands of each member. Our inbound marketing strategy attracts members by creating valuable content and experiences tailored to the needs of each individual. Examples include email campaign flyers on our products, informative and how-to videos, social media and engaging members with top -notched customer service to build brand awareness. Email Marketing: One of the main strategies used to engage current and potential members is Email Marketing. Our emails include different types of flyers that consist of information of the Sourcewell contract, promoting manufacturer brands, holiday themed flyers, discounts offered to first time buyers, important cutoff date reminders and upcoming products and events. The use of marketing campaigns plays a major role in enhancing the growth of our client database. Emails are a big part of our daily lives due to government agency employees utilizing emails as their main source of communication. We use campaigner.com as the emailing platform to reach our target members. Videos and descriptive images are used on all flyers and are compatible with a desktop or mobile device. Messages are short and to the point with links leading to the Sourcewell and NAFG homepage. The Campaigner email system allows the ability to track email activity based on open rate, unsubscribes and link clicks which is beneficial to understanding email effectiveness. Once potential members are directed to our website, they are welcomed with a wide range of options to explore an array of our products and services. They are able to register to become a member, view pricing, explore available in -stock vehicles, view how -to -videos, build a vehicle online to request an immediate quote or use our live chat assistant or call/email for live support. Face to Face Marketing Strategies: This strategy has proven to be successful in generating leads and creating lasting relationships by developing genuine connections with prospective members. National Auto Fleet Group attends several trades shows per year to engage members and put a face to the company. This in person meeting aids to build the brand by nurturing relationships between members and other vendors associated through the process. Trade shows attended include GFX, IAPPO, NIGP, ACT, CAPPO, and CASBO throughout the United States. , NAFG has many opportunities to make in person presentations to propose products, services offered and to answer any questions potential members may have. These PowerPoint Presentations include topics on NAFG/Sourcewell process, how to facilitate the vehicle purchasing without bidding, informational videos, and the brands and services we provide. These meetings have been held at local cities, counties, school districts, water districts and ports. Relationship Marketing is a vital strategy used in building and maintaining long-term relationships practiced by National Auto Fleet Group on a daily basis. NAFG strives to create a positive and supportive connection with members by providing personalized and responsive customer service practices. The sales team has worked tirelessly to focus on providing outstanding customer support to create a powerful rapport with existing and new members. By going above and beyond, they have enhanced existing relationships and executed customer loyalty with repeat businesses. They strive to deviate from the "Car Salesperson" mentality which is 100% sales driven to a more product and customer service approach by instilling a sense of confidence in our clients. The goal is to regularly assist clients and address any needs and concerns even after the purchase has occurred. The strive to focus on solution selling vs. product selling develops into a mutually beneficial agreement for members and the business. Below are a few examples on successful relationship marketing from our Fleet Department: We had a member call in to request financing/lease options for a truck needed through our National Auto Fleet Group/Sourcewell vehicle contract. I contacted another Sourcewell vendor, Matt Geiselhart from NCL Gov Capital and he was happy to assist with a financing quote. The member also requested to trade in a current vehicle in their fleet and was directed to Govdeals for assistance in removing the outdated unit through an auction. The member was able to utilize three Sourcewell contracts to complete his transaction which simplified the entire process. The member was very satisfied with the amount of care and ease through his experience and became a repeat customer. By utilizing a cross -selling strategy, National Auto Fleet Group became his one stop shop to fulfill all fleet vehicle purchasing needs. "I had a member call in desperate to obtain a new truck because an employee had gotten into a serious accident and had the truck totaled. Due to covid restrictions, most manufacturers are currently experiencing microchip shortages which relays to production delays at the factory. We were able to direct buyer to our in - stock inventory on the NAFG website and member was ecstatic to locate truck to meet their needs. Instead of having to wait 30 weeks to receive the new vehicle, member was able to obtain the new truck within 3 weeks." Bid Number: RFP 091521 Vendor Name: 72 HOUR LD51 DocuSign Envelope ID: CF25B13B-7PO9-48BC-B85D-F1A7A7104FDA "1 once had a member contact us two years after purchasing a vehicle from us. They had a malfunction with the liftgate on the box truck which caused a logistical nightmare. I was able to contact one of our body vendors that upfited the lift gate installation and a service technician was able to go onsite to resolve the liftgate issue at no additional cost. The member was very impressed with the quality of our customer service even after purchase. " "I had a member request a 1% ton truck pricing but was unsure about their budget at the time. I took the time to go through each option with the client to provide a Sourcewell pricing quote through multiple manufacturers from Ram, Chevrolet and Ford. This empowered the member to have multiple pricing options for review to align with their budget as well as eliminating the need to shop anywhere else. " "We work with many body companies to assist customers with the body upfitting process. One of our members called in a request to expedite a particular vehicle that was held up at one of their local body upfitters. I contacted the body company representative and put in a request to expedite the upfitting per request of the member. The body company was able to comply with the request and delivery was made sooner than expected" Word -of -Mouth Marketing: The positive quality of service has led to more sales based on previous customers' impressions on their experience. NAFG's goal is to provide exemplary customer service throughout the entire purchasing process to encourage repeat business and advocate services to other members. NAFG has been fortunate to experience multiple instances of leads generated based solely on word-of-mouth marketing though our existing customers. Cross -promotion: National Auto Fleet Group is currently collaborating with another Sourcewell Vendor, NCL Government Capital to promote each other's products and services. NCL Govemment Capital specializes in providing competitive equipment financing programs for municipalities and public education entities across the United States. As a team, NCL and NAFG produced a variety of marketing materials such as videos, flyers and info graphs to promote purchasing and leasing opportunities. Hoglund Bus Company is another cross -promotion vendor NAFG had the opportunity to create a partnership with. Flyers were created to advertise Chassis from NAFG along with a variety of bus bodies from Hoglund Bus Company. With cross -promotion, companies exchange knowledge and provide endorsements on websites, social media, and email campaigns. This strategy creates an influx of new leads, brand awareness, increased sales and recurrence of customers. National Auto Fleet Group will continue to create new partnerships and facilitate more cross -promotion opportunities in the near future to provide turnkey solutions for a variety of vehicle purchasing needs. Coming in 2022, National Auto Fleet Group will be launching a NAFG Partner Website to further increase business growth. The website www.nafgpartner.com Is expected to launch next year in 2022. The site encourages body upfitting companies throughout the United States to partner up with NAFG to become a preferred member. The benefits of becoming a preferred member include endorsements on website and social media avenues along with word-of-mouth referral for clients with upfitting needs. Our dedicated public relations representative will conduct phone and in person meetings to discuss the advantages of partnering up with NAFG, therefore generating more cross -promotion opportunities. Members from govemment agencies are encouraged to go on the site to search for local body upfitting companies they are interested in working with. As a prerequisite in becoming a preferred vendor, they are required to advertise NAFG and the Sourcewell contract on their business website and refer their clients to purchase their cab/chassis needs through NAFG. This establishes a partnership that will generate increased sales all around. We are still currently building the website and interacting with body companies across the United States that would be interested in partnering up with NAFG. Bid Number: RFP 091521 Vendor Name: 72 HOUR LL(_ DocuSign Envelope ID: CF25B13B-7609-48BC-B85D-F1A7A7104FDA 36 Describe your use of technology and digital Social media plays a crucial element in the way people communicate and connect with each other. data (e.g., social media, metadata usage) to Linkedln is the go -to platform used by NAFG as it offers a variety of ways to expand our network by locating enhance marketing effectiveness. and connecting with relevant professionals in the industry. National Auto Fleet Group has utilized Linkedln to engage current and potential members through personalized messages and posts. Personalized messages include thanking them for registering on site as well as directing them to on our link to the website, Linkedln, YouTube, Facebook and Instagram company pages. The goal is to unite with people already on our database as well as people that would benefit from our products and services Current flyers or messages about our company are also posted on the Linkedln site to generate and attract more business Time is also spent on reading posts from connections and observe any needs that National Auto Fleet Group may assist with. National Auto Fleet Group has begun utilizing video marketing strategies to further promote and market products by engaging on social media channels and email flyers. Programs such as Vimeo, Video Scribe, Cartoon Animator, Adobe Animate, Illustrate, Captive, Photoshop and Movavi Video Editor Plus are employed to edit and create videos to assist in endorsing our company. The following videos were recently created by our marketing department along with outside video production companies: Explainer Video: The first video created was a 90 second explainer video about National Auto Fleet Group that used animated characters to visualize our products and services along with information on the Sourcewell awarded contract. The video has been incorporated into all our weekly email flyers and social media platforms as an informative video on our products and how to purchase vehicles off Sourcewell Government Contract. How To Videos: National Auto Fleet Group has also created step-by-step How -To videos on the process to purchase both Light Duty and Heavy -Duty vehicles off the contract In Stock Vehicles: This video showcases our in -stock vehicles available and the process of requesting a quote. ETA Tracking System: This video was created to not only introduce but to encourage clients to self -track their vehicle status. Holiday Themed Videos: These amusing videos were created to celebrate the holidays and add humor and lightness to our company and products sold. Cross Promotion Video: This video markets our relationship with NCL Government Capital and Sourcewell to endorse EV vehicles. Videos for social media: Mini videos were created to advertise new vehicles available, pricing and cutoff date reminders. NAFG has recently introduced a newly built live chat feature on our website for customer convenience as well as improving customer service. Visitors have access to chat with a live sales representative 24 hours a day, 7 days a week. With this feature potential customers are provided with another avenue for assistance in addition to emailing and phone calls. The benefits of a live chat option include quicker response time to assist buyers in reaching a purchasing decision and answer their questions. Improving customer service will also lead to increased sales, customer loyalty and engagement. Many studies have shown a strong correlation between live chat and increase in conversion rates. Potential clients appreciate having their questions answered in real-time when trying to build a vehicle quote online and allowing the user to multi -task different projects. 37 In your view, what is Sourcewell's role in Sourcewell's mission states: "Our commitment to service and exceeding client expectations." This statement promoting contracts arising out of this RFP? integrates with our relationship marketing strategy with our commitment to go above and beyond for all our How will you integrate a Sourcewell-awarded members. Sourcewell is a trusted brand that government entities can rely on to access a wide variety of contract into your sales process? products and services for their everyday needs. With over 40 years of partnerships and relationship building, they are the glue that connects government, education, and nonprofit agencies to companies of all sizes to offer turnkey solutions to their needs. Sourcewell is also a reliable resource for vendors by not only connecting with potential prospects but by providing valuable marketing materials readily available for download on their website. Resources and tools provided include flyers, vendor training videos along with compliance information. The Sourcewell brand integrates a thorough documentation review of all vendors prior to awarding their cooperative contracts to ensure products and services are from reputable vendors. The brand provides a sense of legitimacy of our company name and members recognize that products and services are from reliable sources that will meet their needs. Sourcewell's aim is to simplify the purchasing and procurement process of government entities by eliminating the costly bidding procedure. The process of researching the right vendor is not only stressful and time- consuming but can be expensive as well. Sourcewell has completed the bidding for government entities which simplifies the overall purchasing process by providing access to competitively bid contracts procured by a government agency. Sourcewell has provided NAFG with overwhelming opportunities to work with government agencies across the United States. The Sourcewell name represents a high standard of integrity and ethics which is a dynamic National Auto Fleet Group is proud to be part of. Sourcewell members have access to a contract that is more flexible than the standard bidding process. Sourcewell is an organization that aids government entities to stay competitive without the frustrations and issues involved with the traditional bidding process. This contract can be customized to meet the unique needs of each client. The sales team has incorporated not only this standard of integrity in their sales practice ensuring clients' purchasing needs will always be met. The cost savings and stress -free nature of the cooperative contracts favors that of the traditional bidding process. It enables vendors to work with qualifying government entities in a more efficient manner. We vow to maintain these levels of standards across the board throughout all departments within the company. Bid Number: RFP 091521 Vendor Name: 72 HOUR LLl_ DocuSign Envelope ID: CF25B13B-7B09-48BC-B85D-F1A7A1104FDA 38 Are your products or services available Our website provides a hands-on empowering approach to ordering vehicles online. Clients can search through an e-procurement ordering process? If through many vehicles makes and models with the ability to customize a vehicle tailored to their specific so, describe your e-procurement System and needs of their agency. A personalized quote with pricing can be available in as little as 5 minutes how governmental and educational customers depending on the complexity of the vehicle. If upfitting is ree:ded, the buyer can list the details of the up -fit have used it. while building their vehicle on our website to receive a complete quote or a sales representative can be reached through phone, email or our new live chat foature built on our website. Table 8: Value -Added Attributes Line Item Question 39 Describe any product, equipment, maintenance, or operator training programs that you offer to Sourcewell participating entities. Include details, such as whether training is standard or optional, who provides training, and any costs that apply. 40 Describe any technological advances that your proposed products or services offer. 41 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. 42 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. 43 Describe any Women or Minority Business Entity (WMBE), Small Business Entity (SBE), or veteran 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. 44 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? We have recently created and uploaded a "How -To Videos" section on the homepage of our website which highlights a step-by-step process on how to build an online quote. This informative video demonstrates how to navigate the website in how to generate a vehicle quote with or without upfitting options. It begins by explaining how to register on our website as a member and then details on how to select vehicle model and type and the factory options needed. Once a customized quote is built, clients have the option to finalize the sales transaction by submitting a purchase order to our sales team via email. This gives complete autonomy to the client to purchase vehicles without the need to speak to a sales rep. If assistance is needed, they can contact sales through email, live chat or phone. If assistance is required to build a quote, our sales rep is also available to walk a client through the e- procurement process step by step. This ensures someone is available to answer any questions if needed and empowering the client to make any future purchases on their own. Clients may also call or email the needs of the company and receive a customized vehicle quote. Response' National Auto Fleet Group extends any and all product, equipment, maintenance and operating programs provided by the Manufacturer directly to Sourcewell participating entities during the quoting process. The manufacturer will provide quotes to the member based an the vehicles class and size, and geographic location. NAFG will always pass these quotes onto members and treat them like an upfit to the vehicle. Technological accomplishments by Manufactures like Ford Motor Company and General Motors serve members by keeping many models available for members to choose from. Additionally, NAFG allows members the ability to choose to electrify their vehicle by opting into the Motive Power Systems we can still help supply this kind of an upfit. For more information, we have attached the product and pricing information within the "Upfits Available" and "All 15 Manufactures" ZIP files under the supporting documents portion of the application. . National Auto Fleet Group helped create the Climate Mayor Purchasing Collaborative by partnering with over 400 Mayors nationwide. This initiative was created for the benefit of members who wanted to create and sustain an all -electric fleet. We offer 100% purely electric vehicles your members to choose from. Some popular models include the Chevrolet Bolt, Ford Fusion, Ford Mustang Mach-E, as well as Ford's all electric F-150. We are confident that as more OEM's continue to manufacture new electric vehicles, we will provide them for members to select from. More information about this initiative can be found at www.Driveevneet.org NAFG has the California Air Resource Board (GARB) Certificate as well as the Ford Qualified Vehicle Modifier Certificate on file with some of our partner suppliers and upfitters hold these certifications and these certifications help illustrate how each vehicle conserves energy and remains energy efficient. NAFG holds a current partnership with many suppliers some of which are veteran owed such as Pacific Truck Body located in CA. Our Ford, Chevrolet and Ram,Jeep,Dodge,Chrysler stores are jointly owned and operated by Minorities. . National Auto Fleet Group was not only built on dedication and hard work, but also through quantifiable metrics that directly measure the results of our efforts to ensure real goals are being measured and met. Through measuring results, NAFG lakes responsibility in ensuring we deliver only the best customer care to your members. NAFG offers members 24 hour website access to customer support to personably walk members through any questions they may have. No matter what the issue may be, we always think outside the box to help members find a solution. Bid Number: RFP 091521 Vendor Name: 72 HOUR LLl_ DocuSign Envelope ID: CF25B13B-7B09-48BC-B85D-F1A7A7104FDA Table 9A: 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 45 Do your warranties cover all products, parts, and labor? 46 Do your warranties impose usage restrictions or other limitations that adversely affect coverage? 47 Do your warranties cover the expense of technicians' travel time and mileage to perform warranty repairs? 48 Are there any geographic regions of the United 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? 49 Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original equipment manufacturer? 50 What are your proposed exchange and return programs and policies? 51 Describe any service contract options for the items included in your proposal. Table 9B: Performance Standards or Guarantees Response Each of the 15 manufactures we represent cover their own products, parts, and labor. All warranty information may be found in our attachments under the ZIP File "All 15 Manufactures". Prior to purchase, members should be aware of each manufacturer's restrictions Such as improper use of the vehicle may result in disqualification of coverage under the OEM's warranty. An example of this may be an F-350 being used for a police related pursuit, which may void certain warranties. Although, we always welcome and encourage members to contact us for their particular warranty coverage. In some cases, manufacturers will tow a member's vehicle to the nearest warranty repair facility in case of a breakdown and cover expenses, but prior approval is required. This may vary from manufacturer to manufacturer. Thus, we encourage members to call in prior to purchase and inquire about their specific region and how their warranty repairs will be covered with their manufacturer. All warranties are typically passed on to the original equipment manufacturer and any upfit warranty will be passed on to the upfitter to perform. If a member changes their mind, NAFG will quickly make every effort to change or cancel the order with the factory. However, once the manufacturer begins producing the vehicle, there are no changes, exchanges, or refunds available. The order is then deemed non -cancellable. This includes any upfit equipment an upfitter has ordered for the unit NAFG offers any and all manufacturer service contracts for all members. There are several parameters in which a service contract may be customizable. These customized service contracts will be treated as add factory options and following the same discount schedule provided in the pricing file. Describe in detail your performance standards or guarantees, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your performance materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line Question Item Response 52 Describe any performance standards or guarantees The only guarantee we can ever provide is the guarantee that we will treat and help every member that apply to your services Ithat contacts with respect, integrity and professionalism. 53 Describe any service standards or guarantees that NAFG and staff uphold high standards with how we provide service to the members, not only holding apply to your services (policies, metrics, KPIs, etc.) each other accountable but by embracing member feedback of how we can improve. Then we act upon it and implement improvements. Table 10: Payment Terms and Financing Options Line Question Item Response 54 Describe your payment terms and accepted payment Standard payment terms are Net 20, with a 10 — day grace period. methods? 55 Describe any leasing or financing options available for In order to provide leasing or financing options, NAFG has partnered with National Cooperative Leasing to use by educational or governmental entities. offer leasing terms for Sourcewell members for all NAFG quotes under the Sourcewell contract. For further review, we have attached a PDF called "NCL Sample Lease" in the "Member Walk Through" Zip file. 56 Describe any standard transaction documents that you National Auto Fleet Group's transaction process (Purchase Order) is closely tracked, well documented, and propose to use in connection with an awarded contract neatly organized to monitor each transaction performed through our Sourcewell Contract. This way, NAFG may (order forms, terms and conditions, service level produce swift and accurate quarterly reporting. agreements, etc.). Upload a sample of each (as applicable) in the document upload section of your response. 57 Do you accept the P-card procurement and payment Yes, NAFG accepts up to $2,500 per vehicle. However, any dollar amount higher than $2,500 will require a P- process? If so, is there any additional cost to card/ Credit Card transactional fee that would be passed onto the member Sourceweli participating entities for using this process? Bid Number: RFP 091521 Vendor Name: 72 HOUR LLl- DocuSign Envelope ID: CF25B13B-7B09-48BC-B85D-F1A7A7104FDA Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. 58 59 60 61 62 53 64 165 Describe your pricing model (e.g., line -item discounts or product -category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the document upload section of vour response. Quantify th. pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range. Describe any quantity or volume discounts or rebate programs that you offer. propose a method of facilitating "sourced" products or related services, which may be referred to as "open market" items or "nonstandard )ptions". For example, you may supply such items "at cost" or "at cost plus a percentage," cT you rpav supply a quote for p rh such request, dentify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response. 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. If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe In detail the complete freight, shipping, and delivery program, !Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any offshore delivery. Describe any unique distribution and/or delivery methods or options offered in your proposal. Table 12: Pricing Offered Line Item 66 The Pricing Offered in this Proposal is: National Auto Fleet Group is offering Line -Item Discounts Off Manufacture Suggested Retail Price for 15 manufacturers that is detailed in the Price File. NAFG will also offer any Upfits to be added to any and all vehicles' that members wish to add. Details are located on the Price Summary Page in the Price File. NAFG has an provided offerings from 15 Brands/GEMS and there respective percentage off vary and are detailed in the "Price File" zip Each Manufacture Range is detailed in the tabs below, here is an overview :hevrolet from -.077 to 24.45 % =ord Motor Company from -5.19 to 23.31 % 3MC from 6.14 to 22.45 % Ram from 4.99 to 14.23 % )odge from 3.09 to 9.96 % Jeep from 1.38 to 4.17 % 3hrysler from 1.65 to 4.55 % Foyota from 03 to 8.98 % ionda from 1.34 to 4.9 % dissan from -.085 to 14.61 % 3uick from 2.36 to6.08 Kia from .69 to 8.39 % BMW from 3.8 to 4.77 % Cadillac from 4.22 to 6.77 % Volkswagen from 2.17 to 2 46 % If clients are considering an order of 150 or more units, we encourage members �19 contgct ys for apK additional discounted p)�,otes. "Open Idarket" products or "Sourced Goods" will be considered and treated as regular upfits. However, they may be quoted up to a 10% mark up, if applicable. All considerations have already been taken into account in its entirely. The Price Summary Page and Price Table contained in the price file includes all considered costs. Although if a member requested a specialized quote for a unique situation that requires special training, direction, or Installation, the additional costs would be ` added as a part of the upfit and then included inside the member's quote. All manufactures charge a standard "Factory Destination Charge". However, that is separate from the freight/destination cost that members may incur to ship a vehicle to and from an installer, if applicable. These subsequent locational movements may bare additional freight costs that will be outlined within the members quote for their review prior to Purchase. Freight, shipping, and delivery terms among these regions sometimes carry additional logistical charges for added ferry, port and driver costs from both to and from the mainland. These added costs will be disclosed on the quote for members to review and approve prior to gprchgly. National Auto Fleet Group already has a well -established Automobile Franchise Distribution Network that allows for swift and relatively seamless delivery to members and their end users. c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. Comments NAFG Strives to offer the best overall value to the member with each and every auote. Bid Number: RFP 091521 Vendor Name: 72 HOUR LL" DocuSign Envelope ID: CF25B13B-7B09-48BC-B85D-F1A7A7104FDA Table 13: Audit and Administrative Fee Line Question Item 67 Specifically describe any self -audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell participating entities obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template. 68 If you are awarded a contract, provide a few examples of internal metrics that will be tracked to measure whether you are having success with the contract. 69 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per -unit fee: it is not a line -item addition to the Member's cost of goods. (See the RFP and template Contract for additional details.) Response Sourcewell participating members are able to obtain proper pricing directly from our websile, where they are able to use our user-friendly design to build and price their vehicles. The NAFG is updated daily to reflect updated manufacturer MSRP information. Our system will provide members with an accurate quote 99.99% of the time. In addition, NAFG has a stream line and organized process hat calculates administrative fees and allows NAFG to give a turnaround time of 15 — 30 days for quarterly reports. One of the internal metrics NAFG uses to track and measure success with the Sourcewell Contract is maintained through our websile. Our website keeps a detailed log of quotes that members are generating. We oversee and keep track of how many quotes are being generated and which quotes are met with a purchase order. Every month we evaluate our sales indicators and closely monitor the volume and frequency of sales. One example is by evaluating which members are purchasing from our platform — new members or frequent members to ensure we are growing our member base. We use these metrics to measure our projected growth rate and work to exceed our expectations. NAFG will submit $ 300 per vehicle purchased through NAFG and $ 200 per vehicle purchased though our partner dealer Alan Jay Automotive. For the purpose of an admin fee there are no other partner dealer groups considered. Table 14A: Depth and Breadth of Offered Equipment Products and Services Line Question Item 70 Provide a detailed description of the equipment, products, and services that you are offering In your proposal. 71 Within this RFP category there may be subcategories of solutions. List subcategory titles that best describe your products and services. Response NAFG has provided a "Model Roll Out" Charts in the "Price File" zip, but of the 15 manufacturers we represent, they have over 100 makes and models for members to choose from that range from Class 1-3 and supporting Class 4 Cab and Chassis trucks. NAFG's platforms can add any upfit of their choosing, ranging from toolboxes to Line Mechanic Bodies. Any and all upfits can be added to any one of our vehicles through one of our upfit partner suppliers or by an upfit supplier of the members choosing. NAFG and the supplier will work together to supply members with turnkey quotes. National Auto Fleet Group lists the makes and models of all 15 manufacturers we represent under the ZIP File "All 15 Manufactures". These 15 OEMs make up over 100 combined makes, models, and engine combinations for members to select from along with several subtitle "Upfits" detailed for members in the price file. 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 72 Automobiles r Yes 15 Manufacturers totaling well above 700 r No makes and models 73 Sport Utility Vehicles r Yes 15 Manufacturers totaling well above 700 r No makes and models 74 Vans r Yes 15 Manufacturers totaling well above 700 r No makes and models 75 Trucks r Yes 15 Manufacturers totaling well above 700 r No makes and models 76 Vehicles described in Lines 72-75 above for Public Safety r. Yes 15 Manufacturers totaling well above 700 applications r No makes and models 77 Conventional internal combustion models r Yes 15 Manufacturers totaling well above 700 r No makes and models 78 Natural gas or propane autogas, hybrid, or alternative fuel r Yes 15 Manufacturers totaling well above 700 models r No makes and models 79 Electric powered models r Yes 15 Manufacturers totaling well above 700 r No makes and models Bid Number: RFP 091521 Vendor Name: 72 HOUR LLl- DocuSign Envelope ID: CF25B13B-7B09-48BC-B85D-F1A7A7104FDA Table 15: Exceptions to Terms, Conditions, or Specifications Form Line Item 80. NOTICE: To identify any exception, or to request any modification, to the Sourcewell template Contract terms, conditions, of 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 Tenn, Condition, or Specification Exception or Proposed Modification E I 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." • Pricing - NAFG Price File for Bid 091521.zip - Monday September 13, 2021 19:29:27 • Financial Strength and Stabilitv - Market Success and Financial Stability.zip - Monday September 13, 2021 19:30:12 • Marketina Plan/Sam Imes - Marketing Plan Compressed.zip - Tuesday September 14, 2021 11:38:30 . WMBE/MBE/SBE or Related Certificates - Insurance and Related Documents.zip - Tuesday September 14, 2021 11:40:18 • Warranty Information - Warranties RFP 091521.zip - Tuesday September 14, 2021 11:40:36 • Standard Transaction Document SamDles - Standard Transaction.zip - Monday September 13, 2021 19:54:48 • Uoload Additional Document - ALL 15 Makes and Upfits.zip - Tuesday September 14, 2021 11:35:54 Bid Number: RFP 091521 Vendor Name: 72 HOUR 1-1-158 DocuSign Envelope ID: CF25B13B-7B09-48BC-B85D-F1A7A7104FDA Addenda, Terms and Conditions PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: 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: ':.; ranv. reasu ,.yovtouac;cov nuoa ssrscniist. ci, 2. Included on the government -wide exclusions lists in the United States System for Award Management found at: httus:/lsam.00v/SAM(; or 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. Fv 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. - Jesse Cooper, Fleet Manager, 72 Hour 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. Bid Number: RFP 091521 Vendor Name: 72 HOUR LL159 DocuSign Envelope ID: CF25613B-7B09-48BC-B85D-F1A7A7104FDA 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_6_ Autos _SUVs_Vans_Trucks_RFP_091521 r 1 Wed September 8 2021 06:27 PM Addendum 5 Autos_ SUVs_Vans_Trucks_RFP_091521 r 2 Tue September 7 2021 07:28 PM Addendum-4— Autos SUVs_Vans_Trucks_RFP_091521 r 1 Thu August 26 2021 05:55 PM Addendum _3_ Autos _SUVsVans_Trucks_RFP_091521 r 1 Mon August 23 2021 09:47 AM_ Addendum_2_ Autos SUVs_Vans _Trucks_RFP_091521 r 1 Sun August 8 2021 09:6 2 PM Addendum_1_ Autos_SUVs_Vans_Trucks_RFP_091521 r 1 Thu August 5 2021 03:58 PM Bid Number: RFP 091521 Vendor Name: 72 HOUR LLI- National Auto Fleet Group.,C,, A Division of Chevrolet of Watsonville 490 Auto Center Drive, Watsonville, CA 95076 (855) 289-6572 Office - (831) 480-8497 Fax FleetaNationalAutoFleetGroup.com National Auto Fleet Group contract #091521-NAF pricing utilizes a percentage off MSRP/List. National Auto Fleet Group offers pricing discounts ranging from 24.45% down to 6.14% across 15 manufacturers depending on the model. All vehicles can come with orwithout up -fitting from our national supplieroryour local up fitter. Inquirewithin. Pricing can be obtained using two methods: 1. Online ordering process using www NationafttoFleetGrour..corn. Once the Sourcewell member registers on the NAFG website, they then can build the desired vehicle to their specifications. The memberthen builds the vehicle and obtains an online quote for that specific vehicle. *Sourcewell pricing is built right into the NAFG site. 2. The Sourcewell member can also reach out to National Auto Fleet Group directly (1-855-289-6572) to have an associate help guide your agency with the appropriate vehicles to fit your need. Jesse Cooper NationalAuto Fleet Group r CHEVROLET RAM 61 DowSign Envelope ID: 5406FEF8-8848-413A-91A9-D8AB6FD40134 032824-NAF Sourcewell "I Solicitation Number: RFP #032824 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC, dba National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Class 4-8 Chassis and Cabs with Related Equipment, Accessories, and Services from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE, This Contract is effective upon the date of the final signature below. EXPIRATION DATE AND EXTENSION. This Contract expires July 9, 2028, unless it is cancelled sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances. B. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES Rev. 3/2022 62 DocuSign Envelope ID: 5406FEF8-8848-413A-9lA9-D8AB6FD40134 032824-NAF A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier 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, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that extends beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier's authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier's responsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. Rev. 3/2022 63 DocuSign Envelope ID: 5406FEF8-8848.413A-91A9-•D8AB6FD40134 032824-NAF 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, Supplier 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 time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax - exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; Rev. 3/2022 64 DocuSign Envelope ID: 5406FEF8-8848-413A-91A9-D8AB6FD40134 032824-NAF • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference. S. 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. Supplier understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier's employees maybe required to perform work at government - owned facilities, including schools. Supplier's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized Rev. 3/2022 4 65 DocuBign Envelope ID: 5406FEF8-8848.413A-91A9-D8AB6FD40134 032824-NAF subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier's acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry -specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE Rev. 3/2022 66 DocuSign Envelope ID: 5406FEF8-8848-413A-91A9-D8AB6FD40134 032824-NAF A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues; supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: • Participating Entity Name (e.g., City of Staples Highway Department); • Participating Entity Physical Street Address; • Participating Entity City; • Participating Entity State/Province; • Participating Entity Zip/Postal Code; • Participating Entity Contact Name; • Participating Entity Contact Email Address; • Participating Entity Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted Rev. 3/2022 67 DocuSign Envelope ID: 5406FEF8-8848-413A-91A9 D8AB6FD40134 032824-NAF price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier's Authorized Representative is the person named in the Supplier's Proposal. If Supplier's Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. Rev. 3/2022 68 DocuSign Envelope ID: 5406FEF8-8848-413A-91A9-D8AB6FD40134 032824-NAF D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties. E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master -servant, or principal -agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier 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. Sourcewell's responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty -free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Supplier Rev. 3/2022 69 DocuSign Envelope ID: 5406FEF8-8848-413A-91A9-D8AB6FD40134 032824-NAF b. Supplier grants to Sourcewell a royalty -free, worldwide, non-exclusive right and license to use Supplier's trademarks in advertising and promotional materials for the purpose of marketing Supplier's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Neither party may alter the other party's trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's trademarks only in good faith and in a dignified manner consistent with such 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. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. 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 Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services. Rev. 3/2022 70 DocuSign Envelope ID: 5406FEF8-8848-413A-91A9-D8AB6FD40134 032824-NAF 14. GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other 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 by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Rev 3/2022 10 71 DocuSign Envelope ID: 5406FEF8-8848-413A-91A9-D8AB6FD40134 032824-NAF The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non -defaulting party may: • Exercise any remedy provided 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, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products -completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for products liability -completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non -owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms Rev.3/2022 11 72 DocuSign Envelope ID: 5406FEF8-8848-413A-91A9-D8AB6FD40134 lox)-phO P I,BeN1I no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer's Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier's professional services required under this Contract. Minimum Limits: $2,000,000 per claim or event $2,000,000—annual aggregate 6. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data — including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Rev. 3/2022 12 73 DocuSign Envelope ID: 5406FEF8-8848-413A-91A9-D8AB6FD40134 032824-NAF Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsements) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self -insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. 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. Supplier 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 Supplier conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Rev. 3/2022 13 74 DocuSign Envelope ID: 5406FEF8-8848-413A-91A9-D8AB6FD40134 032824-NAF Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with Rev. 3/2022 14 75 DoCUSign Envelope ID: 5406FEF8-8848-413A-91A9-D8AB6FD40134 032824-NAF the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis -Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Rev. 3/2022 15 76 DocuSign Envelope ID: 5406FEF8-8848-413A-91A9-D8AB6FD40134 032824-NAF Supplier 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. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and Rev. 3/2022 16 77 DocuSign Envelope ID: 5406FEF8-8R43-413A-91A9-D8AB6FD40134 032824-NAF records of Supplier that are directly pertinent to Supplier's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre -approval. N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. 0. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier's actions pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non -delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. Rev. 3/2022 17 78 DocuSign Envelope ID: 5406FEF8-8848-413A-91A9-D8AB6FD40134 032824-NAF R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell DmuSigned by: 5c6mfA) COFD2A539D06469... By: Jeremy Schwartz Title: Chief Procurement Officer 7/2/2024 1 2:37 PM CDT Date: Rev. 3/2022 72 Hour LLC, dba National Auto Fleet Group EDocuSigned by: .Sst, f bbfv ,3FACBB5730CIE467 ... By: Jesse Cooper Title: National Fleet Manager Date: 7/2/2024 1 2:04 PM CDT 18 79 DocuSign Envelope ID: 5406FEF8-8848-413A-91A9-D8AB6FD40134 RFP 032824 - Class 4-8 Chassis and Cabs with Related Equipment, Accessories, and Services Vendor Details Company Name: 72 HOUR LLC Does your company conduct business under any other name? If National Auto Fleet Group yes, please state: 490 Auto Center Drive Address: Watsonville, CA 95076 Contact: Jesse Cooper Email: Jcooper@nationalautofleetgroup.com Phone: 951-440-0585 Fax: 831-840-8497 HST#: 263297677 Submission Details Created On: Thursday February 08, 2024 14:26:39 Submitted On: Wednesday March 27, 2024 18:09:27 Submitted By: Jesse Cooper Email: Jcooper@nationalautofleetgroup.com Transaction #: de37f6a4-b806-40a7-b5b6-766f219b36f2 Submitter's IP Address: 104.35.160.44 Bid Number: RFP 032824 Vendor Name: 72 HOUR LLi80 DocuSign Envelope ID: 5406FEF8-8848-413A-91A9-D8AB6FD40134 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 "NIA" if the question does not apply to you (preferably with an explanation). Ltne Item 1 2 3 4 5 6 7 8 i Question Response - Proposer Legal Name (one legal entity only): (In the event of 72 HOUR, LLC award, will execute the resulting contract as "Supplier") Identify all subsidiary entities of the Proposer whose equipment, 72 Hour, LLC products, or services are included in the Proposal. _ Identify all applicable assumed names or DBA names of the National Auto Fleet Group Proposer or Proposers subsidiaries in Line 1 or Line 2 above. Provide your CAGE code or Unique Entity Identifier (SAM): Y1FHD2Z1ZDY5 Proposer Physical Address: 490 Auto Center Drive Watsonville, CA 95076 Proposer website address (or addresses): www.Nationalautofleetgroup.com Proposers Authorized Representative (name, title, address, email Jesse Cooper address & phone) (The representative must have authority to National Fleet Manager sign the 'Proposers Assurance of Compliance" on behalf of the 490 Auto Center Drive Proposer and, in the event of award, will be expected to execute Watsonville, CA 95076 the resulting contract): Jcooper@nabonalautofleetgroup.com 855-289-6572 Proposers primary contact for this proposal (name, title, address, Jesse Cooper email address & phone): National Fleet Manager 490 Auto Center Drive Watsonville, CA 95076 Jcooper@nafionalautofleetgroup.com 855-289-6572 Proposers other contacts for this proposal, if any (name, tite, Clarke Cooper address, email address & phone): National Fleet Manager 490 Auto Center Drive Watsonville, CA 95076 Clarkecooper@watsonvillefleetgroup.com 818-618-6136 Bid Number: RFP 032824 Vendor Name: 72 HOUR LLI81 DocuSign Envelope ID: 5406FEF8-8848-413A-91A9-D8AB6FD40134 Table 2: Company Information and Financial Strength Line Question ftem Response" 10 Provide a brief history of your company, including your National Auto Fleet Group was established in 1987 in Southern California, and boasts a rich history of family -driven company's core values, business philosophy, and industry success. From humble beginnings with a single dealership, we've grown into a nationwide network of aver 15 longevity related to the requested equipment, products or services. dealerships, thanks to the dedication and vision of our father. One of our core values has always been fostering a strong company culture, and we achieve this by prioritizing intemai growth. We proudly promote from within, leveraging the talent and experience of our dedicated team members. This approach not only ensures continuity and a deep understanding of our values, but also fosters a sense of loya!ty and belonging among our employees. This commitment to internal development has been instrumental In our expansion, allowing us to cultivate a leadership team that embodies our core values and drives our continued success. We are proud of the journey we've taken and excited for the future, as we continue to empower our team and provide exceptional service to our customers. For over 35 years, National Auto Fleet Group has remained a family -owned and operated company. The Cooper family has deep roots in the automobile industry, with a passion for exceeding expectations passed down through generations. Today, even our future generations are learning the ropes, ensuring decades more of industry leadership. We aren't just selling vehicles; we're building relationships that last. Our family values of integrity, dedication, and customer service permeate everything we do. This commitment has earned us numerous industry awards and the trust of countless clients. But this is just the beginning. With fresh perspectives from future generations joining the team, we're excited to lead the industry for decades to come. National Auto Fleet Group isn't just about delivering vehicles; it's about delivering peace of mind. Our unwavering commitment to the 4 RIGHTs: delivering the RIGHT vehicle, at the RIGHT time, to the RIGHT place, and at the RIGHT price, ensures our clients experience unmatched satisfaction and success. Since 1987, we've witnessed the auto Industry shift gears, evolving from gas -powered machines to the cutting edge of all -electric and fuel cell technology. Through it all, one thing has remained constant our core values. Even in today's rapidly changing landscape, we hold steadfast to the principles that have guided us for decades. These values — internal growth, customer tows, efficiency, teamwork, accountability and integrity are the engine that powers our growth and fuels our commitment to exceeding expectatons. While the vehicles we offer may have changed, our dedication to providing superior customer service remains as strong as ever. We embrace the future with the same passion and determination that fueled our success in the past, ensuring that our customers continue to receive the exceptional service they deserve. _ 11 What are your company's expectations in the event of an award? Securing another Sourcewell contract would mark our sixth, propelling us to even greater heights by leveraging our proven track record of serving customers nationwide This expansion fuels our commitment to invest in our divisions, particularly our Partner Program (details in uploaded Zip file). This innovative program empowers members to recommend local upfttters, fostering win -win partnerships and delivering 12 Demonstrate your financial strength and stability with meaningful We have demonstrated throughout the past 12 years to our financial institutions that we stability in the market place data. This could include such Items as financial statements, SEC and with this meaning data our bank has provided us with a $ 72,000,000 Boor plan limit to help in our growing filings, credit and bond ratings, letters of credit, and detailed operations which include Sourcewell Members. reference letters. Upload supporting documents (as applicable) in the document upload section of your response. 13 What is your US market share for the solutions that you are Our US market share for the products and models we are offering is roughly 70-80% as represented by the 15 proposing? manufacturers 14 What is your Canadian market share for the solutions that you While we haven't yet entered the Canadian market, National Auto Fleet Group's proven track record of success fuels are proposing? our aggressive expansion plans, with a strong focus on international markets like Canada. We are confident that our expertise and commitment to innovation will allow us to make a significant impact in the near future, expanding our reach and serving customers across new borders. 15 Has your business ever pefitioned for bankruptcy protection? If No so, explain in detail. 16 How is your organization best described: is it a manufacturer, a A) we are best described as a distributor/dealerlreseller and all our written authorization documents are attached in the distributorldealer/reseller, or a service provider? Answer Related Certificates section. whichever question (either a) or b) just below) best applies to your organization. a) If your company is best described as a distributorldealerlreseller (or similar entity), provide your written authorization to act as a d!slrlbutor/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? 17 If applicable, provide a detailed explanation outlining the licenses What is required does vary from stale to state however we 72 Hour LLC, do hold all applicable licenses and and certifications that are both required to be held, and actually certifications required by the State of California to sell, service and delivery New/Unused Vehicles we are franchised for held, by your organization (including third parties and and sell, service and delivery any vehicle we are not franchised for through our resellers permit. All our dealer partners subcontractors that you use) in pursuit of the business across the county have provide us with there dealer certificates and departrnenl of motor vehicles certificates to allow contemplated by this RFP NAFG to partner and sell there products. All documents are attached in the Certificates section 18 Provide all "Suspension or Debarment" information that has None exist applied to your organization during the past ten years. Bid Number: RFP 032824 Vendor Name: 72 HOUR LL182 DocuSign Envelope ID: 5406FEF8-8848-413A-91A9-D8AB6FD40134 Table 3: Industry Recognition & Marketplace Success .Line Question Item Response' 19 Describe any relevant industry awards or recognition that your NAFG has a strong track record of success, consistently ranking among the top dealerships in Government Sales for company has received in the past five years Ford Motor Company and receiving high recognition from General Motors for its Chevrolet brand. The most prodigious award NAFG has received in the past 5 years would be: Top Placement in Ford Motor Company as a leading dealership in Government Sales followed by our high ranking recognition from General Motors for our Chevrolet brand. Both NAFG has received 4 of the past 5 years 20 What percentage of your sales are to the governmental sector in In our division in Fleet, we have sold about 95% to Government accounts . the past three years 21 What percentage of your sales are to the education sector in the As a percentage of our sales in the Government, about 20% would be considered to Universities and Unified School past three years Districts. 22 List any state, provincial, or cooperative purchasing contracts that We hold the State of California contract with volumes from 200 to 500 units a year during the past three years, you hold. Second, our Sourcewell ContracPs 091521 and 060920 which over the past three years LADWP Contracts valued over $ 220,000,000 What is the annual sales volume for each of these contracts over City of San Diego Contracts valued over $ 120,000,000 the past three years? 23 List any GSA contracts or Standing Offers and Supply NAFG focus is on our Sourcewell Contracts we do not hold any other besides the State of Arrangements (SOSA) that you hold. California. What is the annual sales volume for each of these contracts over the past three years? Table 4: References/Testimonials Line Item 24. Supply reference information from three customers who are eligible to be Sourcewell participating entities. EEntity Name' Contact NamePhone Number - Port of Los Angeles (CA) David Comer 310-732-3794 ILos Angeles Department of Water & Power (CA) Philip Ly _ 818-771-3607 ICity of Jersey City (NJ) James Lovero 201-547-4423 (Washington Suburban Sanitary Commission (Maryland) Jarrett Baumgartner 301-206-4226 Town of Hempstead (NY) Christopher Carter 516-812-3555 Table 5: Top Five Government or Education Customers Line Item 25. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Entity Name Entity Type State / Province' Scope of Work' Size of Transactions • Dollar Volume Past Three Years ' Port of Los Angeles Government California - CA Provided New Vehicles with Upfits Over $1.000,000 Over $ 3,000,000 Mr. David Comer 310-732-3794 Los Angeles Department of Government California - CA Provided New Vehicles with Upfds Over $ 20,000,000 Over $ 80,000,000 Water & Power Mr. Philip Ly 818-771-3607 of Jersey City Government New Jersey - NJ Provided New Vehicles with Upfits Over $1,000.000 Over $ 3.000,000 �City Mr. James Lovero 201-547-4423 Suburban Government Maryland - MD Provided New Vehicles with Upfits Over $1,000,000 Over $ 3,000,000 �Washington Sanitary Commission Mr. Jarrett Baumgartner 301-206-4226 FJ Paso Water Government Texas - TX Provided New Vehicles with Upfits Over $1,000,000 Over $ 3.000,000 Mr. Ivan Ibarra 915-594-5712 Bid Number: RFP 032824 Vendor Name: 72 HOUR LL183 DocuSign Envelope ID: 5406FEF8-8848-413A-91A9-D8AB6FD40134 Table 6: Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell participating entities across the 11S 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. Une Item Question Response' 26 Sales force. National Auto Fleet Group boasts a robust sales force exceeding 100 dedicated personnel. This includes both direct employees and a network of partner dealers, ensuring comprehensive support for dealerships and our dedicated fleet division. Our indirect sales force seamlessly complements our direct team, effectively serving existing member needs. As our member base expands, we're committed to scaling our team accordingly to maintain exceptional service levels. 27 Dealer network or other distribution methods. NAFG leverages an unparalleled franchise network encompassing 15 leading manufacturers. These industry giants, like (Ford Motor Company, General Motors, CDJR, etc..) boast a nationwide presence, ensuring our members receive seamless service and warranty repairs for their vehicles. Historically, auto manufacturers have faced challenges in distributing automobiles and cab chassis. However, the United States boasts the world's most efficient automotive supply chain network, and as franchised dealers of these renowned brands, NAFG capitalizes on this advantage to efficiently ship and supply vehicles to our members nationwide. 28 Service force. Our extensive network of service locations, spanning thousands of facilities across our 15 manufacturers, ensures convenient access for our members. This comprehensive coverage allows them to easily find service stations or warranty repair facilities nearby, minimizing downtime and maximizing convenience. While Alaska and Hawaii may have slightly larger distances between dealerships, our members can still rely on our network for support, potentially with extended lead limes. 29 Describe the ordering process. If orders will be handled by Members can place orders with NAFG for all products we are offering, we will either place the order with the OEM as distributors, dealers or others, explain the respective roles of the we are franchised for or we will provide the order to our partner dealer who was part of the quote generation from the , Proposer and others. start with the member so we can allow there relationship to maintain while serving the member. NAFG maintains the role of administering and facilitating the transaction between the member and the OEM dealer 30 Describe in detail the process and procedure of your customer I understand that you want me to use the information In your ZIP file, specifically the "Member Walk Through" document, service program, if applicable. as a reference to explain your Customer Service programs. Here's a breakdown based on the information you provided: Obtaining Quotes Online: Include your response -time capabilities and commitments, as well • Members can register on our website(https:/lwww.nationalautofleotgroup.com/) for free. This protects member as any incentives that help your providers meet your staled pricing. service goals or promises. After registration, they'll receive a welcome email with a demo video explaining the website. • A secure dashboard keeps all quotes organized. • Members choose their desired brand, model year, and category (cars, vans, etc.). • Fitters help narrow down options (cab style, drivetrain, bed length). • All available factory options are displayed for easy selection. • Sourcewell Price reports show MSRP, member price, and savings (percentage and dollar amount). • Optional extras include additional keys, manuals, sales tax, and upfits. A final, printable quote package Includes a unique Sourcewell Quote ID number, description, and specifications. Partnering with Upftters: • A dedicated website (https://www.nationalautofleetgroup.com/) connects members with upfitters. Upfitters can learn about partnering with NAFG to serve local members. " • This simples the process of getting a vehicle upfitted. Tracking Orders: • Members can track orders directly on the main website using the 'Track your order feature. • Orders can be tracked by entering the purchase order number, quote ID, upfd quote ID, or VIN. Order Confirmation: • NAFG sends a courtesy confirmation email to double-check order details (color, quantity, upfit, specifications).Title information is requested to expedite paperwork at delivery. Factory Order Cut -Off Notices. • The website highlights upcoming factory order cutoff dates. This information is also printed on the quote cover page (when available). Price Validation Example: • A sample build process showcases member pricing benefits. • The example shows the difference between MSRP, member price, and total savings (percentage and dollar amount). (Provide an example with savings h) • This emphasizes the additional discount offered by NAFG. 31 Describe your ability and willingness to provide your products We have provided a list of our top 1,000 member/clients demonstrating our ability to service all members nationwide. and services to Sourcewell participating entities in the United Located in the Marketing Place ZIP file as 'NAFG Top 1,000 Member Clients" PDF " States 32 Describe your ability and willingness to provide your products National Auto Fleet Group is poised to expand into Canada, leveraging our proven business model and expertise. We and services to Sourcewell participating entities in Canada. believe the favorable exchange rate and our competitive pricing stricture create an Ideal opportunity to partner with Canadian dealer groups, ultimately serving members across North America. 33 Identify any geographic areas of the United States or Canada We are not serving Canada at this moment. that you will NOT be fully serving through the proposed contract. 34 Identify any Sourcewell participating entity sectors (i.e., We're happy to service all Sourcewell members through our 2417 website. We offer government members a specific government, education, not -for -profit) that you will NOT be fully discount program in recognition of their use of taxpayer funds. serving through the proposed contract. For non-profit organizations, we've designed a tailored pricing program to meet their unique needs and budgets. We'll Explain In detail. For example, does your company have only a work with each non-profit on a case -by -case basis to ensure they receive the most value from our services. regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 35 Define any specific contract requirements or restrictions that For members in Alaska, Hawaii, and US Territories, the only membership requirement is the same as for all other would apply to our participating entities in Hawaii and Alaska members. However, due to logistical shipping constraints in these regions, additional costs may apply. and in US Territories. We currently provide members in Alaska with chassis cabs with upfits. In these cases, the member agrees to cover the extra shipping cost, port cost, and driver cost associated with loading and unloading their vehicles from part to port. This additional cost would be clearly outlined in any quote provided to members in these regions. Table 7: Marketing Plan (Line (Question Item RResponse* Bid Number: RFP 032824 Vendor Name: 72 HOUR LU_ DocuSign Envelope ID: 5406FEF8-8848-413A-91A9-D8AB6FD40134 36 Describe your marketing strategy for promoting this contract National Auto Fleet Group utilizes a number of outbound strategies to promote the Sourcewell Vehicle contract. National opportunity. Upload representative samples of your marketing Auto Fleet Group isn't waiting for government agencies to come knocking about the Sourcewell Vehicle contract. materials (if applicable) in the document upload section of your Instead, we're proaclively hitting the gas pedal with outbound marketing strategies. response. With outbound marketing, NAFG initiates by pushing the message out to our government agencies Examples include: . 1• Cold Email Campaigns: Tailored messages reaching relevant government agencies directly. Examples include new vehicle pricing availability, in stock units, new website features, holiday thorned flyers and vehicle cutoff dates. • Trade Show Presence: Engaging exhibits and knowledgeable representatives making connections at key events. • Targeted Content: Creating diverse campaign materials that resonate with different government segments. For example, police vehicle availability flyers for police agencies. Data -Driven Decisions: Tracking results and optimizing campaigns for maximum impact such as open rates, click - through rates to gauge the effectiveness of our email campaigns Our use of Campaigner Email Marketing platform service is a CRM database used to monitor, send and track effectiveness of smalls and more. This service has assisted in streamlining email flyer messages to many of our government agencies across the United States. Campaigner has been an essential tool in not only creating new campaigns but recurring campaigns to ensure our message is sent to new potential clients. This type of outbound marketing fosters proactive engagement with potential customers, sparking their interest in our products. We invite them to explore the diverse product range showcased on our NAFG website, conveniently accessible through both phone calls and website visits. To further empower their buying Journey, we encourage registration. It not only unlocks real-time product availability, but also grants access to our innovative self -quoting system. This intuitive tool empowers customers with the autonomy to create unlimited personalized quotes, tailoring them to their specific needs and budget. By eliminating the wait for traditional quotes, this self-service option streamlines the process, fostering a sense of control and ownership for the customer. Ultimately, this outbound marketing approach, coupled with our user-friendly self -quoting system, empowers potential customers to confidently explore and confidently make informed decisions. Business to Business Marketing: National Auto Fleet Group National Auto Fleet Group (NAFG) acknowledges the importance of building strong relationships with local upfitting body companies. Thars why we employ strategic business -to -business (13213) marketing strategies to attract potential partners and create a mutually beneficial ecosystem. Introducing Our Partner Website: We encourage any body upfitting company to visit our dedicated partner website: www.nafgpartner.corn. This platform makes it easy for local upfitting companies to explore the benefits of collaborating with NAFG. Key Perks for Upfitting Body Companies: • Enhanced Visibility: Gel the body company's company profile listed on our website, making them searchable by NAFG's extensive network of government clients. • Targeted referrals: We actively connect upfitting companies with qualified government clients seeking their specific expertise. • Profile Customization: Partners are encouraged to create a unique profile showcasing the body company's strengths, experience, and service offerings. • Geographic Reach: Expand the network by having our partners' contact information and location displayed on our interactive map. By partnering with NAFG, body companies gain access to a vast pool of potential government clients seeking vehicle upfitting services. In turn, the body company helps us fulfill client needs and deliver comprehensive vehicle solutions. National Auto Fleet Group also exercises the use of inbound marketing strategies to promote our Sourcewell Vehicle contract. Our marketing department cultivates a targeted audience by maintaining a database of registered government agencies on our website and nurturing past customers who have experienced the benefits of our offerings. This allows us to deliver relevant content and resources directly to those already interested in our solutions, fostering trust and brand loyalty. Relationship building is another technique used to foster positive relations with clients to become long-term customers. NAFG team provides excellent customer service and support to encourage word of mouth referral. The positive quality of service experienced by customers has led to an increased number of sales through referrals. Our goal is to provide exemplary customer service throughout the entire purchasing process to encourage repeat business and referrals, Bid Number: RFP 032824 Vendor Name: 72 HOUR LL185 DocuSign Envelope ID: 5406FEF8-8848-413A-91A9-D8AB6FD40134 37 Describe your use of technology and digital data (e g , social The creation of the National Auto Fleet Group app is one way to build a stronger relationship with interested buyers media meladata usage) to enhance marketing effectiveness. and empower them with the information they need By downloading our NAFG app. clients are able to: Receive instant push notifications on their phones regarding new vehicle availability: Be the first to know when new vehicles arrive on the lot that match your specific needs and preferences. Stay informed about crucial cutoff dates, Ensure clicnls don't miss out on deadlines by having them conveniently delivered straight to your phone. • View Available In -Stock Units: Scroll through a list of in stock vehicles available on our website. A specific inbound marketing tactic that can significantly boost our online presence is the development of search engine optimization (SEO). By optimizing our website for relevant keywords and user experience. we can attract more qualified visitors organically and establish NAFG as a leading name in its field. Here's how we're actively implementing SEO on the NAFG website Rewriting the NAFG Story: • By crafting a compelling and informative webpage that clearly defines who we are, what we do, and how we benefit our audience. Included relevant keywords naturally throughout the content, including product names, mission statement, and contract numbers Ensured the page is concise and scannable, breaking up text with headings and bullet points. 2 On -Page Optimization Techniques: • Title tags: Each page includes a unique and descriptive title lag, under 65 characters, that accurately reflects the content and includes relevant keywords. • Meta descriptions" Crafting captivating meta descriptions (under 155 characters) that entice users to click and summarize the page's value proposition • Header tags: Structured the content with clear headings and subheadings (H1, H2, etc.) to improve readability and search engine crawlability. • Images. Optimize image file names and sit text with relevant keywords to increase accessibility and image search ranking. • Internal linking: Connecting related pages within the website using descriptive anchor text • Social media: Ensure social media profiles and share buttons are linked to our pages. By implementing these actionable SEO strategies, we can significantly improve NAFG's online presence, attract more qualified leads, and establish ourselves as a thought leader in the industry. When the terms 'government fleet vehide purchasing", "purchasing vehicles for the government", "government vehicle purchasing', "how do I purchase vehicles for the government', "purchasing government fleet", "government vehicle procurement", "procuring vehicles for the govemment",are entered in the google search button, NAFG is on the top five search results Social media is a critical part in the way people communicate and connect with each other. Linkedin offers a variety of ways to expand our network by finding and connecting with relevant professionals in the industry. Platforms like Llnkedln offer invaluable tools for professional networking, allowing individuals to expand their network by finding and connecting with relevant professionals and industry leaders. A prime example is National Auto Fleet Group, which effectively utilizes Linkedln to reach out to current and potential members through personalized messages, fostering stronger relationships and community engagement. Beyond professional connections, social media serves as a powerful bridge between individuals and their governing bodies. By following government pages on instagram and Twitter, government municipalities can gain valuable insights into pressing issues and important announcements 38 In your view, what Is Sourcewell's role in promoting contracts Sourcewell is a trusted brand that government entities can rely on to provide a wide variety of products and services. arising out of this RFP? They aim to simplify the procurement process of government entities. The Sourcewell brand integrates a thorough documentation review of all vendors prior to awarding their cooperative contract to ensure products and services are How will you integrate a Sourcewell-awarded contract Into your from reputable vendors. The brand provides a sense of showing legitimacy and verification of our company name and sales process? members understand that products and services provided are from reputable vendors. Clients recognize the Sourcewell brand and their vendors as a trusted source that will meet their needs. The main selling point of the brand is the elimination of the need to go out to bid. Sourcewell has done the bidding for the government entities which simplifies the purchasing process. This process not only saves money but valuable time as well. Sourcewell has provided NAFG overwhelming opportunities to work with government agencies across the United Stales. The Sourcewell name represents a high standard of integrity and ethics and we are proud to be part of this dynamic. Sourcewell members have access to a contract that is more flexible than the standard bidding process. Sourcewell is an organization that aids government entities to stay competitive without the frustrations and Issues Involved with the traditional bidding process. The Sourcewell contract can be also customized to meet the needs of the client. The sales team has incorporated not only this standard of integrity In their sales practice by ensuring clients we will always assist them with their vehicle purchasing needs. The cost savings and stress free nature of the cooperative contracts favors that of the traditional bidding process. It enables vendors to work with qualifying government entities in a more efficient manner. We vow to maintain these levels of standards across the board throughout all departments within National Auto Fleet Group Sourcewell isn't just a trusted brand; it's a comprehensive solution for government procurement. From vehicles and food to technology and administrative services, they offer a diverse range of high -quality products and services. Partnering with pre -vetted vendors ensures reliability and peace of mind. The flexibility of Sourcewell contracts allows us to tailor our services to a specific need, unlike the one -size -fits -all approach of typical bidding. Government agencies across the United States, like NAFG, have utilized Sourcewell to procure their needs efficiently. Bid Number: RFP 032824 Vendor Name: 72 HOUR LLI_ DocuSign Envelope ID: 5406FEF8-8848-413A-91A9-D8AB6FD40134 39 Are your products or services available through an e-procurement Our website provides a hands-on empowering approach to ordering vehicles online. Clients can search through many ordering process? vehicle makes and models with the ability to customize a vehicle tailored to the specific needs of their agency A personalized quote with pricing can be available in as little as 5 minus depending on the complexity of the vehicle. If If so, describe your e-procurement system and how governmental upfitting is needed, a sales representative can be reached through phone, email, live chat or noted on the self -quoting and educational customers have used it. online system. Once a customized quote is built, clients have the option to finalize the sales transaction by submitting a purchase .order to our sales team via email This gives complete autonomy to the client to purchase vehicles without the need to speak to a sales rep. If assistance is needed, they can contact sales through email, live chat or phone. If support is required to build a quote, our sales reps are available to assist the client step by step. Once the vehicle is built to the client's needs, government agencies are also able to upload a purchase order from their account to purchase a vehicle. NAFG will then process the purchase order and place the vehicle on order with the manufacturer Government agencies are also able to track the status of their order using the ETA tracking available on the NAFG website. IOur website puts the power to order vehicles directly in your hands, with a user-friendly approach that empowers :government agencies to choose the perfect solution for their needs. Browse through a comprehensive selection of vehicle makes and models, or customize your ideal vehicle with features tailored to your specific requirements Get a personalized quote with upfront pricing in as little as 5 minutes, depending on the complexity of your chosen vehicle. Upfitfing neede0 No problem! Reach out to our dedicated sales team via phone, email, live chat, or simply mention your requirements directly in the self -quoting system. Once a government municipality is ready to purchase, they can simply submit a purchase order through their online account. We offer complete autonomy, allowing buyers to acquire vehicles wlthout needing to speak directly to a sales representative. However, our expert team is always available to assist if they need a helping hand. Our assistance is available via email, live chat, or phone — For government agencies, the process is streamlined even further They are able to stay informed throughout the entire journey with our convenient ETA tracking system, accessible right on the NAFG website. Experience the convenience and control of online vehicle ordering for government agencies with NAFG. Visit our website today and empower your agency to acquire the perfect vehicle solution. As of today, National Auto Fleet Group has over 8000 members registered on our website and 2400 customers buying from us. Table 8: Value -Added Attributes Line Question Response item 40 Describe any product, equipment, maintenance, or operator NAFG extends any and all Service Training Programs provided by the Manufacturer. Many of the programs offered are training programs that you offer to Sourcewell participating entities. quoted Individually by the manufacture based on class size and region of the country. NAFG will pass these quotes onto the member at NAFG cost. Include details, such as whether training is standard or optional, who provides training, and any costs that apply. 41 Describe any technological advances that your proposed products or services offer 42 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. 43 Identify any third -party issued eco4abels, ratings or certifications that your company has received for the equipment or products included in your Proposal related to energy efficiency or conservation, frfecycle design (cradle -to -cradle), or other greenlsustainability factors 44 Describe any Women or Minority Business Entity (WMBE), Small Business Entity (SBE), or veteran 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. 45 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? With world leaders in chassis technology like Ford Motor Company, General Motors and MACK Truck which the member automatically gets the benefit of the latest up to date technology NAFG offers our dealer body to the members for the most leading up to date information. I NAFG has Partnered to create a 400 US Mayor Drive Climate Mayor Purchasing Collaborative www.Ddveavfleet.org to help spread the benefit of members going 100% green. We have 100% Pure Electric vehicles to offer such as the Chevrolet Bolt and Ford Fusion, which are all predecessors to the All New Ford Electric 17-150. We are certain over the next few years, Ford and many other manufacturers will be making available 100% pure electric cab chassis for members to select from. Ford Motor Company and General Motors lust to name 2 of the 15 OEM's we are representing have leading edge certifications and rating which provide them the ability to offer there products nationwide. We hold a Minority Certification through the California Clearing House Authorization NAFG's dedication to the member. NAFG has built its division solely for the purpose of serving the members experience from our 24-hour member website or website improvements and capabilities to thinking outside the box to help a member find a solution. Bid Number: RFP 032824 Vendor Name: 72 HOUR LL187 DocuSign Envelope ID: 5406FEFE-8848413A-91A9-D8Al36FD40134 Table 9A: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall stnicture. 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' i ;3 Do your warranties cover all products, parts, and labor? We have attached all Warranty information provided by all 15 manufacturers offered in our proposal as an added �. ',attachment. '7 1Do your warranties impose usage restrictions or other limitations Each manufacturer have there own usage restrictions that a member should be aware of. Such an improper use of a ,that adversely affect coverage? chassis may not allow it to be covered under warranty. For example, a F-250 being used for a police rated pursuit vehicle would void certain warranties. We encourage for each member to contact us for there particular warranty coverage. 48 Do your warranties cover the expense of technicians' travel time Yes, in some cases of a breakdown event, manufacturers would low your vehicle to there nearest warranty repair facility. and mileage to perform warranty repairs? 49 Are there any geographic regions of the United Stales or =ach manufacture is different, and we encourage prior to purchasing a product to call in and ask about your specific Canada (as applicable) for which you cannot provide a certified egion and how it's covered technician to perform warranty repairs? How will Sourcewell participating entities in these regions be provided service for warranty repaiO 50 Will you cover warranty service for items made by other All warranties are passed on to the original equipment manufacturer. manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original equipment manufacturer? 51 What are your proposed exchange and return programs and We offer no exchange, return programs or policies. Once an order is in production with the factory and NAFG can not policies? cancel the order after trying to cancel with the manufacturer, then the order is non -cancellable. 52 any service contract options for the items included in We offer any and all manufacturer service contracts to all members. There are several parameters which a customized IDescHbe your proposal. service contract can be created. NAFG will treat each of these as an added factory option and follow the same ' 1 -�disoount schedule in the price file. Table 10: Payment Terms and Financing Options LineQuestion Rom Response' 53 Describe your payment terms and accepted payment methods. Payment terms are Net 20, with a 10-day grace period. 54 ,Describe any leasing or financing options available for use by NAFG has partnered with National Cooperative Leasing to offer Sourcewell Contract Lease Terms to all NAFG Quotes gducational or governmental entities. for all Sourcewell Members. We have attached a PDF called "NCL Sample Lease" in the Zip File Called "Member Walk Through" 55 Describe any standard transaction documents that you propose to We attached our Standard Documents that all member would see in a typical transaction. Starting with all quotes use in connection with an awarded contract (order forms, terms which contain there unique Quote ID on the top of each quote. A member can then call and help us identify which and conditions, service level agreements, etc.). Upload a sample quote they are inquiring within so we can help hem quicker. of each (as applicable) in the document upload section of your response. Each quote has its list of standard equipment and selected equipment the member has chosen for themselves. Followed by the contract discount on each cover page so the member can easily see there Sourcewell saving. A sample transaction has been attached. 56 Do you accept the P-card procurement and payment process? Yes, up to $ 2.500 per vehicle, any amount higher than $ 2,500 would carry a Pcard/ Credit Card transaction fee which will be passed onto the member. If so, is there any additional cost to Sourcewell participating entities for using this process? Bid Number: RFP 032824 Vendor Name: 72 HOUR LL188 DocuSign Envelope ID: 5406FEF8-8848-413A-91A9-D8AB6FD40134 Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Question hem Response 57 Describe your pricing model (e.g., line -item discounts or product- NAFG is offering Line Item Discounts Off MSRP for 15 manufacturers detailed in the Price File, NAFG is offering all category discounts). Upfits to be added to any and all chassis cabs and trucks, details are on the Summary Page in the price file. Provide detailed pricing data (including standard or list pricing and the Sourcewell discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing materials (If applicable) in the document upload section of your response. 58 Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range. 59 Describe any quantity or volume discounts or rebate programs that you offer. 60 Propose a method of facilitating "sourced" products or related services, which may be referred to as 'open market" items or "nonstandard options'. For example, you may supply such items "at cost" or at cost plus a percentage," or you may supply a quote for each such request. 61 Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response. 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. 62 It freight, delivery, or shipping Is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program. 63 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any offshore delivery. 64 Describe any unique distribution andfor delivery methods or options offered in your proposal. Table 12: Pricing Offered Each Manufacture Product Range is detailed in the tabs below, here is an overview Ford Motor Company from 1.16% to 6.00 % RAM Stallantis Company from 4.13% to 4.14% Chevrolet from 6.83% to 6.92% Autocar at 9.00 % ISUZU at 5.00% Volvo at 12.00 % Freightliner from 4.76 % to 15.15 % Western Star from 15 00% to 20 00 % MACK from 3.00% to 26.36% Kenworth from 13.83% to 32.80% Peterbilt from 10.27% to 31 56% Battle Motors at 25.00% RIZO from 38.25 % to 38 46 % REE at 7.00 % Bollinger Motors at 5.50% Upfits can be added at dealer invoice up to 20%, detailed in the price file. We encourage any and all members to contact us if considering ordering 100 at time of order or more units for an additional discount quote. Open Market products or Sourced Goods will be treated as any upfit and may be quoted up to a 20% mark-up R applicable. All considerations have been taken into account in the price file in its entirety. Price Summary Page and Price Tabs contain all costs associated with all quotes. If a member would like a quote for a particular situation and the item needed special training or installation, these charges would be added as part of the upfit and included in the members quote. All manufacturers charge a standardrzed "Factory Destination Charge" which is displayed on all window stickers and an all trucks on a dealers lot. This is not the needed destination charge that maybe charged to then ship a chassis to and from an installer, these subsequent movements are all added freight charges and will displayed on the members quote Freight to these regions carry a specific logistical barrier which carry added cost such as ferry, port and driver cost both to and from the mainland. These added costs will be disclosed and added to any quote for the member to review. NAFG will utilize the power and expertise of the already established Automobile Franchise Distribution Network to have members vehicles delivered promptly there destination. Line Item The Pricing Offered In this Proposal Is: 65 c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. Table 13: Audit and Administrative Fee Line Question Rem Response i Comments NAFG Offers Members of Sourcewell the very best selection and service for the overall best value we can offer 66 Specifically describe any self -audit process or program that you We have created a member friendly to build and price there chassis cabs on, the pricing is built directly into the plan to employ to verify compliance with your proposed Contract website and is loaded daily by the manufacture MSRP information. Our system will provide an accurate quote 99.99% with Sourcewell. of the time. We have stream lined how our admin fee is processed to allow a quick 15-30 day turn around on quarterly reports. This process includes ensuring that Sourcewell participating entities obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail to support your ability to report quarterly sales to Sourcewell as descrlbed in the Contract template. 67 If you are awarded a contract, provide a few examples of internal metrics that will be tracked to measure whether you are having .success with the contract 68 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per -unit fee; it is not a line -item addition to the Member's cost of goods. (See the RFP and template Contract for additional details.) We have internal charts that track how many members we are serving per month and what regions we need to market into to raise awareness of Sourcewell and our contract. We also track how many vehicles we deliver to members to see if our volume is picking up or where the current market is at as it does fluctuate. Our Admin Fee has been streamlined to allow for growth to occur with maintaining a high level of accuracy and reporting. Our proposed admin fee would follow these guidelines: Flat $ 400 per unit for all units excluding Alan Jay Automotive Network in Florida Units sold through Alan Jay Automotive Network in Florida will have a$ 200 flat Bid Number: RFP 032824 Vendor Name: 72 HOUR LL189 DoctiSign Envelope ID: 5406FEF8-8848-413A-91A9-D8AB6FD40134 Table 14A: Depth and Breadth of Offered Equipment Products and Services Proposers submitting a proposal in Category 1 as defined herein will be submitting in the broad category that includes all types of engines, fuel, and propulsion systems. For example, if a Proposer offers chassis and cabs with Internal Combustion Engines (ICE) as well as chassis and cabs with electric propulsion systems the Proposer should designate it is seeking an award in Category 1 only. Proposers seeking an award in Category 2, as defined herein, must include at least one solution offered within the scope of Category 2 for electric propulsion systems only. Line Item Oategory Sele6tion 69 (Category 1: All engines, fuel, and propulsion type chassis and cabs Table 14B: Depth and Breadth of Offered Equipment Products and Services Line Item 70 Provide a oetaneo description of the equipment, products, and services that you are offering in your proposal. ' Ain this RFA category there may be subcategories of solutions. List subcategory titles that best describe your .products and % (vices r2 fOescribe any �ftl5%acladng processes or materials utilized that =ntribule to chassis strength, cab strength, overall durability, gOver safety. _ 73 Describe any differentiating servic6ability attributes (remote diagnostics, etc ) your ploposal offers. Response 15 Manufacturers totaling 200 makes and models ranging rrom Crass 4 to Class 8 Cab an -..navW6 ar.� trucks. With available Upfits to be added ranging from tool boxes to Line Mechanics Bodies. Any and all upfits can be added to our chassis cabs either by our upfit partner supplier or by a members upfil supplier working with NAFG to provide a Turn Ivey jQAte. NAFG Lists all makes al, 01 i�� ��r7fdj ZIP file under ZIP File "All 15 Manufacturers" representing a combined hundred's makes and m (d hJl it for members to choose from along with a subtitle 'Upfls" detailed in the price file. Leading materials are used by the OEM's daily to safely supply all members with the best on the market place for each OEM. jl�ach OEM has there own unique atNi ute That all cater and serve the members Table IS: Category 1 - 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. Proposers submitting a proposal in Category 1 will be submitting in the broad category that includes all types of engines, fuel, and propulsion systems. See RFP Section 11. B. 1 for details. We will not be submitting for Table 15: Category 1 - Depth and Breadth of Offered Equipment Products and Services e Category or Type Offered' 1Chassis Type (ICE and/or BEV) Comments n Class 4 chassis ;lass 5 chassis ;less 6 chassis Class 7 chassis 78 Class 8 chassis 79 Related equipment, accessories, parts, upftting, services, used chassis and Class 3 chassis s Yes Chassis Types (ICE and BEV) rN (Both r Yes Both Chassis Types (ICE and BEV) No {les Both Chassis Types (ICE and BEV) r No -G Yes Both Chassis Types (ICE and BEV) r No r Yes (Both Chassis Types (ICE and BEV) r No r Yes IBoth Chassis Types (ICE and BEV) r No Table 16: Category 2 - Depth and Breadth of Offered Equipment Products and Services .All 15 Manufactures are listed in the price file, along with each (OEM's product offering for this class. All 15 Manufactures are listed in the price file, along with each OEM's product offering for this class. All 15 Manufactures are listed in the price ine, along with each OEM's product offering for this class. All 15 Manufactures are listed in the price file, along with each OEM's product offering for this class. 0611 15 Manufactures are listed in the price file, along with each OEM's product offering for this class. All 45 Manufactures are listed in the price file, along with each OEM's product offering for this class. All upfiitting is available and [outlined In the pricing summanr 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. Proposers seeking an award in Category 2, as defined herein, must include at least one solution offered within the scope of Category 2 for electric propulsion systems only. See RFP Section 11. B. 1 for details. 17 We will not be submitting for Table 16: Cate o 2 - Depth and Breadth of Offered E — -- Line Rem Category or Type T Offered Comments 80 Battery Electric Vehicle (BEV) r Yes Class 4 Chassis r No r81 Battery Electric Vehicle (BEV) r Yes Class 5 Chassis r No 82 gattery Electric Vehicle (BEV) 'r Yes Class 6 Chassis r No 83 �3attery Electric Vehicie (BEV) i1 Yes Class 7 Chassis ! No 84 Battery Electric Vehicle (BEV) r Yes ,Class 8 Chassis c No 85 Qelated equipment, accessories, parts, upfitting, I' Yes iservices, used chassis and Class 3 chassis r Nn Products and Services Bid Number: RFP 032824 Vendor Name: 72 HOUR LU- DocuSign Envelope ID: 5406FEF8-8848-413A-91A9-D8AB6FD40134 Table 17: Exceptions to Terms, Conditions, or Specifications Form Line Item 86. NOTICE: To identify any exception, or to request any modification, to Sourcewell standard Contract terms, conditions, or specifications, a Proposer must submit the proposed exception(s) or requested modification(s) via redline in the Contract Template provided in the "Bid Documents" section. Proposer must upload the redline in the "Requested Exceptions" upload field. All exceptions and/or proposed modifications are subject to review and approval by Sourcewell and will not automatically be included in the Contract. Do you have exceptions or modifications to propose? Documents Acknowledgement' s No 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." • Pricina - NAFG Price File 032824.zip - Wednesday March 27, 2024 16:08:51 • Financial Sirenoth and Stability - Financial Strength and Market Stability 032824.zip -Tuesday March 26, 2024 21:32:50 • Marketing Plan/Samples - 032824 NAFG Marketing Plan.zip - Tuesday March 26, 2024 21:30:53 • WMBE/MBE/SBE or ReLa ' ". - s - Insurance and Realted Certificated 032824.zip - Tuesday March 26, 2024 21:33:17 • Warranty Information -Warranty Information 032824.zip - Tuesday March 26, 2024 21:42:37 • Standard Transaction Document Samples - 032824 Standard Transaction Document.zip - Wednesday March 27, 2024 13:28:58 • Requested Exceptions (optional) • Ucload Additional Document - 032824 Uploaded ALL 15 MANUFACTURED MODEL's and ELECTIRC SPEC's.zip - Wednesday March 27, 2024 01:25:13 Bid Number: RFP 032824 Vendor Name: 72 HOUR LL191 DocuSign Envelope ID: 5406FEF8-8848-413A-9lA9-D8AB6FD40134 Addenda, Terms and Conditions PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and The Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered Into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendors 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 re;ect RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.691, 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: httos:l/www.treasurv.cov/ofac/downloads/sdnlist.odf; 2. Included on the government -wide exclusions lists in the United States System for Award Management found at: httns://sam.aov/SAM/; or 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. F 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. - Jesse Cooper, National Fleet Manager, 72 Hour LLC, DBA National Auto Fleet Group 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 r. 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. Bid Number: RFP 032824 Vendor Name: 72 HOUR LD' DocuSign Envelope ID: 5406FEF8-8848-413A-91A9-D8AB6FD40134 I have reviewed the File Name below addendum and Pages attachments (if applicable) Addendum-7-Class 4.8 Chassis and Cabs RFP 032824 Thu March 21 2024 08:45 AM 1 Addendum _6Class 4-8 Chassis and Cabs _RFP_032824 r Wed March 20_202412:36 PM 3 Addendum-5-Class 4-8 Chassis and Cabs RFP 032824 r 1 Mon March 18 2024 12:01 PM Addendum 4 Class 4.8 Chassis and Cabs _RFP_032824 r Wed March 6 2024 09:38 AM 1 Addendum-3-Class 4.8 Chassis and Cabs _RFP_032824 Wed February 212024 04:08 PM 2 Addendum-2-Class 4-8 Chassis and Cabs _RFP_032824 r Wed February 14 2024 04:12 PM 1 Addendum-1-Class 4-8 Chassis and Cabs _RFP_032824 P- Thu February 8 2024 04:24 PM 1 Bid Number: RFP 032824 Vendor Name: 72 HOUR LL193 National Auto Fleet Group 10�� A Division of Chevrolet of Watsonville 490 Auto Center Drive, Watsonville, CA 95076 (855) 289-6572 • (831) 480-8497 Fax Fleet@ NationalAutoFleetGroup.com National Auto Fleet Group Contract #032824-NAF pricing utilities a percentage off MSRP/LIST. National Auto Fleet Group offers pricing discounts ranging from 1.16% through 38.46% across 15 Manufacturers depending on the model. All vehicles can come with or without up -fitting from our national supplier or a member's local up fitter. Inquire within. Pricing can be obtained using two methods: 1. Online quoting process using www.NationalAutoFleetGrout).com. Once the Sourcewell Member registers on the NAFG website, they then can build the desired vehicle to their specifications. The member then builds the vehicle and obtains an online quote for that specific vehicle *Sourcewell pricing is built right into the NAFG site 2. The Sourcewell member can also reach out to National Auto Fleet Group directly at (1-855-289-6572) to have an associate help guide your agency with the appropriate vehicles to fit your need. Jesse Cooper National Auto Fleet Group AM CHEI/{i, OL ET �� • • • r SEBASTIAN (ENTENNIALCELEBRATION 1924 - 2024 CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY STAFF REPORT DATE February 26, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jessica Graham Procurement and Contracts Manager Selection of Dredging & Marine Consultants, LLC for SUBJECT RFQ 25-06 for Professional Design Services for Main Street Park and Boat Ramp in the amount of $99,995 EXECUTIVE SUMMARY City Council approved the Florida Inland Navigation District Agreement for the Main Street Park and Boat Ramp Phase 1 on November 20, 2024, and the City Manager executed it on November 21, 2024. On November 8, 2024, The Procurement Division released Request for Qualification 25-06, Professional Design Services for Main Street Park and Boat Ramp. Two thousand three hundred seventy-six (2,376) contractors were notified of the bid posting, and forty-one (4 1) downloaded the solicitation. We received proposals from six firms: (1) Coastal Waterways Design & Engineering LLC; (2) Dredging & Marine Consultants, LLC; (3) Edgewater Group LLC; (4) Geosyntec Consultants, Inc.; (5) Kimley-Horn and Associates, Inc.; and (6) Taylor Engineering, Inc. The Evaluation Committee met on January 15, 2025 to evaluate the proposals received and ranked the Firms in the following order: (1) Dredging & Marine Consultants, LLC; (2) Geosyntec Consultants, Inc.; (3) Taylor Engineering, Inc.; (4) Edgewater Group, LLC; (5) Coastal Waterways Design & Engineering, LLC; and (6) Kimley-Horn and Associates, Inc. The evaluation committee voted to enter negotiations with the top -ranked firm, Dredging & Marine Consultants, LLC. RECOMMENDATION On behalf of the Parks, Recreation, and Facilities Department, the Procurement Division recommends that the CRA approve the selection of Dredging & Marine Consultants under Request for Qualification 25-06 for Professional Design Services for Main Street Park and Boat Ramp and forward to City Council for approval. ATTACHMENTS: 1. Procurement Justification 2. Intent to Award. 3. DMC Agreement 95 FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source $99,995 Additional Funds Needed: $ 0.00 $100,000 $49,997.50 (50% FIND Grant) $49,997.50 (50% CRA Capital Program) VI1 CrrY OF SfOASTL4 N HOME OF PELICAN ISLAND PROCUREMENT JUSTIFICATION A Competitive Solicitation is a formal process that requires sealed bids, provides an equal and open opportunity to qualified parties, and culminates in a selection based on criteria. A Competitive Quote is an informal process that provides an equal and open opportunity to qualified parties and culminates in a selection based on criteria. DATE: February 12, 2025 ❑ Invitation to Bid (ITB) ❑ Request for Proposal (RFP) TYPE OF PURCHASE: ✓❑ Request for Qualification (RFQ) ❑ Invitation to Quote (ITN) ❑ Piggyback/Cooperative ❑ 3 Written Quotes PROPOSED VENDOR: Dredging & Marine Consultants, LLC ITEMS OR SERVICES Design Services for Main Street Park and Boat Ramp REQUIRED: ADDITIONAL INFORMATION The Procurement Division issued a Request for Qualification for Professional Design Services for Main Street Park and Boat Ramp. We received six (6) proposals for evaluation. After the evaluation process, the evaluation committee recommending entering negotiations and awarding a contract to the highest ranked firm, Dredging & Marine Consultants, LLC. Digitally signed by Jessica Graham �Aica m Date: 2 25.02r12 Approved: 14:47:02-05'00' Jessica Graham, Procurement/Contracts Manager Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone:772-388-8231 (Rev.12/2024) 97 crry OF KPASTIAN HOME OF PELICAN ISLAND INTENT TO AWARD POSTING DATE: January 21, 2025 25-06-RFQ Professional Design Services for Main Street Park and Boat Ramp The Procurement Division hereby notifies all firms of an intended decision regarding the award of the abovementioned solicitation as outlined below. On January 15, 2025, the RFQ Evaluation Committee recommended awarding this solicitation to the highest - ranked firm, as highlighted in the attached scoring summary. If you have any questions, please don't hesitate to contact me at 772-388-8231 or iess',rahain o c1tvofsebastian.ort;. Sincerely, Digitally signed by Jessica Graham Date: 2025.01.21 09:18:39-05'00' Jessica Graham, CPPB Procurement/Contracts Manager City of Sebastian "Failure to file a protest within the time prescribed in section (3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes. " Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 (Rev. 12/2024) 98 CITY OF SE]3ASTIA - HOME OF PELICAN ISLAND Proposal Tabulation Solicitation Title: Professional Design Services for Main Street Park and Boat Ramp Criteria Weight Tab #3 Firm's Staff 24 Tab #4 Firm's Experience 16 Tab #5 Firms Approach/Capabilities 40 Total 100 Dredging & Marine Consultants, I.I.0 20.00 36.00 40.04) 14, 00 Geosyntec Consultants, Inc. dba Applied Technology and Management 22.00 33.00 40.00 95.00 Taylor Engineering, Inc. 22.00 33.00 36.67 91.67 Edgewater Group, LLC 20.00 30.00 40.00 90.00 Coastal Waterways Design & Engineering, LLC 22.00 33.00 33.33 88.33 Yimley-Horn and Associates, Inc. 22.00 30.00 33.33 85.33 Posting Date: January 21, 2025 Procurement Division 1225 Main Street, Sebastian. FL 32958 Phone: 772-388-8 gg CrrY OF SEA S�TN HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGREEMENT FOR PROFESSIONAL DESIGN SERVICES FOR MAIN STREET PARK AND BOAT RAMP WITH DREDGING & MARINE CONSULTANTS, LLC THIS AGREEMENT made and entered into the by and between the City of Sebastian, Florida, whose address is 1225 Main Street, Sebastian, FL 32958, a municipal corporation of the State of Florida, hereinafter referred to as the "City" and Dred2in2 & Marine Consultants, LLC (FEIN: 32-0031996), whose principal and local address is 4643 S. Clyde Morris Blvd, Unit 302, Port Orange, Fl 32129 hereinafter referred to as the "Consultant". The City and the Consultant are collectively referred to herein as the "Parties." "TNESSETH: WHEREAS, the City desires to retain the Consultant for the work outlined in the RFQ 25- 06 Professional Design Services for Main Street Park and Boat Ramp; and WHEREAS, the City desires to retain the Consultant to provide professional design services, as subsequently specifically set out in Exhibit A; and WHEREAS, the City desires to employ the Consultant to support the activities, programs, and projects of the City upon the terms and conditions hereinafter set forth, and the Consultant is desirous of performing and providing such goods/services upon said terms and conditions; and WHEREAS, the Consultant hereby warrants and represents to the City that it is competent and otherwise able to provide professional services to the City; and WHEREAS, all City promulgated solicitation documents pertaining to RFQ 25-06 Professional Design Services for Main Street Park and Boat Ramp, and all submissions by the Consultant (including the RFQ submittal and clarifications) are incorporated herein to the extent not inconsistent with the terms and conditions as set forth herein; and WHEREAS, the City desires to retain the Consultant to provide all labor, materials, equipment, facilities, and services included in, but not limited to, the guidelines in the scope of work; and WHEREAS, the City desires to use the expertise and knowledge of the Consultant; and WHEREAS, the Consultant recognizes the importance of strict adherence to all laws, rules, and regulations, particularly regarding safety procedures and processes. NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed by and between the parties hereto as follows: 25-06-RFQ Page 1 of 21 100 cDY OF Sf� HOME OF PELICAN ISLAND SECTION 1: GENERAL PROVISIONS 1.1 The term "Consultant" as used in this agreement is hereby defined herein as that person or entity, including employees, servants, partners, principals, agents, and assignees providing services under this agreement. 1.2 The Consultant acknowledges that the City may retain other service providers to provide the same services for City projects. At its option, the City may request proposals from the Consultant and the service providers for City projects. The City reserves the right to select which service providers shall provide services for the City's projects. 1.3 This agreement is for professional design services for Main Street Park and Boat Ramp, as set forth herein and as otherwise directed by the City to include all labor and materials that may be required. 1.4 The recitals above are true and correct and form and constitute a material part of this agreement upon which the parties have relied. 1.5 Each party hereto represents to the other that it has undertaken all necessary actions to execute this agreement and has the legal authority to enter into it and undertake all obligations imposed on it. The person(s) executing this agreement for the Consultant certify that they are authorized to bind the Consultant fully to the terms of this agreement. 1.6 Time is of the essence of the lawful performance of the duties and obligations contained in this agreement, including, but not limited to, each purchase order. The parties agree that they shall diligently and expeditiously pursue their respective obligations outlined in this agreement and each purchase order. 1.7 When the term "law" is used herein, it shall include statutes, codes, rules, and regulations of any type or nature enacted or adopted by a governmental entity of competent jurisdiction. 1.8 The Consultant hereby guarantees the City that all work and all material, supplies, services, and equipment listed on a Purchase Order meet the requirements, specifications, and standards provided for under the Federal Occupations Safety and Health Act of 1970, from time to time amended and in force on the date hereof. 1.9 It is agreed that nothing herein contained is intended or should be construed as creating or establishing a relationship of co-partners between the parties or as constituting the Consultant (including, but not limited to its officers, employees, and agents) as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The Consultant is to be and shall remain independent concerning all services performed under this agreement. 1.10 Persons employed by the Consultant in the provision and performance of the goods and/or services and functions under this agreement shall have no claim to pension, workers' 25-06-RFQ Page 2 of 21 101 CfrY OF SE-Bs�'�N HOME OF PELICAN ISLAND compensation, unemployment compensation, civil service, or other employee rights or privileges granted to the City's officers and employees either by operation of law or by the City. 1.11 No claim for goods and/or services furnished by the Consultant not specifically provided for herein or in a purchase order shall be honored by the City. SECTION 2: SCOPE OF SERVICES 2.1 The Consultant shall safely, diligently, and professionally and timely perform with its equipment and assets and provide goods and/or services included in each subsequently entered purchase order. Unless modified in writing by the parties hereto, the Consultant's duties shall not be construed to exceed the provision of the goods and/or services pertaining to this agreement. 2.2 The Consultant shall provide the goods and/or services as generally set forth and described in Exhibit "A" to this agreement and specifically detailed in various purchase orders as may be issued from time to time by the City. SECTION 3: PURCHASE ORDERS 3.1 The provision of services to be performed under the provisions of this agreement shall be commenced as outlined in the City's solicitation documents upon the execution of this agreement and a purchase order issued on a form provided by the City hereunder commencing the provision of goods and services. Additional services to be performed by the Consultant to the City shall be authorized in a written change order issued by the City on a form provided by the City. Purchase orders executed by the City shall include a detailed description of quantities, services, and a completion schedule. The Consultant shall review purchase orders and notify the City in writing of asserted inadequacies for the City's correction if warranted. In every case, if the Consultant completes work without authorization by a purchase/work order or a change order, the City is not obligated to compensate the Consultant for the unauthorized work. 3.2 The Consultant shall perform all services required by the purchase order, but the Consultant shall not be paid more than the negotiated Fixed Fee amount stated therein. 3.3 The Consultant may invoice the amount due based on the percentage of total services performed and completed, but in no event shall the invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total services completed. 3.4 The City shall make payments to the Consultant when requested as work progresses for services furnished, but not more than once monthly. Each purchase order shall be invoiced separately. The Consultant shall render to the City, at the close of each calendar month, an itemized invoice properly dated, describing any services rendered, the cost of the services, the name and address of the Consultant, purchase order number, contract number, and all other information required by this agreement. 25-06-RFQ Page 3 of 21 102 CITY OF SE�AsT�N HOME OF PELICAN ISLAND SECTION 4: CONSULTANT UNDERSTANDING OF SERVICES REQUIRED 4.1 Execution of this agreement by the Consultant is a representation that the Consultant is familiar with the services to be performed and local conditions. The Consultant shall make no claim for additional time or money based upon its failure to comply with this agreement. The Consultant has informed the City, and hereby represents to the City, that it has extensive experience in performing and providing the services and/or goods described in this agreement and to be identified in the purchase orders and that it is well acquainted with the work conditions and the components that are properly and customarily included within such projects and the requirements of laws, ordinance, rules, regulations or orders of any public authority or licensing entity having jurisdiction over the City's projects. Execution of a purchase order shall be an affirmative and irrefutable representation by the Consultant to the City that the Consultant is fully familiar with all requisite work conditions of the provisions of the goods and/or services. SECTION 5: CHANGE ORDERS 5.1 The City may revise the scope of services outlined in any particular purchase order. 5.2 Revisions to any purchase order shall be authorized in writing by the City as a change order. Each change order shall include a schedule of completion for the services authorized. Change orders shall identify this agreement and the appropriate purchase order number. Change orders may contain additional instructions or provisions specific to certain aspects of this agreement pertinent to the services provided. Such supplemental instructions or provisions shall not be construed as modifying this agreement. An agreement between the parties on and execution of any change order shall constitute a final settlement and a full accord and satisfaction of all matters relating to the change and to the impact of the change on unchanged goods and/or work, including all direct and indirect costs of whatever nature, and all adjustments to the Consultant's schedule. SECTION 6: CONSULTANT RESPONSIBILITIES 6.1 The Consultant shall be responsible for the professional quality, accepted standards, technical accuracy, neatness of appearance of employees, employee conduct, safety, and the coordination of all goods and/or services furnished by the Consultant under this agreement as well as the conduct of its staff, personnel, employees, and agents. The Consultant shall provide the City a list of employees working days, times, and assignments within two (2) days of the City's request for such information, which the City may request. The Consultant shall provide employee addresses and driver's licenses. All Consultant employees shall at all times wear identification badges which, at a minimum, give the name of the employee and the Consultant. The Consultant shall work closely with the City to provide the goods and/or services. Concerning services, the Consultant shall be responsible for the professional quality, technical accuracy, competence, methodology, accuracy, and coordination of all of the following, which are listed for illustration purposes only and not as a limitation: documents, analysis, reports, data, plans, plats, maps, surveys, specifications, and all other services of whatever type or nature furnished by the Consultant 25-06-RFQ Page 4 of 21 103 CPCY OF Sf$AST�'A` � HOME OF PELICAN ISLAND under this agreement. Without additional compensation, the Consultant shall correct or revise any errors or deficiencies in its plans, analysis, data, reports, designs, drawings, specifications, and any and all other services of whatever type or nature. The Consultant's submissions in response to the subject RFQ or procurement processes are incorporated herein by this reference. 6.2 Neither the City's review, approval, or acceptance of nor payment for any of the goods and/or services required shall be construed to operate as a waiver of any rights under this agreement or of any cause of action arising out of the performance of this agreement and the Consultant shall be and remain liable to the City per applicable law for all damages to the City caused by the Consultant's negligent or improper performance or failure to perform any of the goods and/or services furnished under this agreement. 6.3 The rights and remedies of the City, provided for under this agreement, are in addition to any other rights and remedies provided by law. 6.4 Time is of the essence in the performance of all goods and/or services provided by the Consultant under the terms of this agreement and every purchase order. SECTION 7: CITY RIGHTS AND RESPONSIBILITIES 7.1 The City shall reasonably cooperate with the Consultant promptly at no cost to the Consultant as outlined in this Section. 7.2 The City shall furnish a City project manager to administer, review, and coordinate the provision of services under purchase orders. 7.3 The City shall make City personnel available where, in the City's opinion, they are required and necessary to assist the Consultant. The availability and necessity of said personnel to assist the Consultant shall be determined solely at the discretion of the City. 7.4 The City shall examine all of the Consultant's services and indicate the City's approval or disapproval within a reasonable time so as not to delay the provisions of services of the Consultant materially. 7.5 The City shall transmit instructions and relevant information and interpret and define City policies and decisions concerning all materials and other matters pertinent to the services covered by this agreement. 7.6 The City shall give written notice to the Consultant whenever the City's designated representative knows of a development that affects the goods and/or services provided and performed under this agreement, the timing of the Consultant's provision of goods and/or services, or a defect or change necessary in the Consultant's goods and/or services. 7.7 The rights and remedies of the City provided under this agreement are in addition to any other rights and remedies provided by law. The City may assert its right of recovery by any 25-06-RFQ Page 5 of 21 104 CITY OF SFBASTN HOME OF PELICAN ISLAND appropriate means including, but not limited to, set-off, suit, withholding, recoupment, or counterclaim, either during or after the performance of this agreement as well as the adjustment of payments made to the Consultant based upon the quality of work of the Consultant. 7.8 The City shall be entitled to recover all legal costs, including, but not limited to, attorney fees and other legal costs, that it may incur in any legal actions it may pursue to enforce the terms and conditions of this agreement or the responsibilities of the Consultant in carrying out the duties and responsibilities deriving from this agreement. 7.9 The failure of the City to insist in any instance upon the strict performance of any provision of this agreement or to exercise any right or privilege granted to the City hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. 7.10 Neither the City's review, approval, or acceptance of nor payment for any of the goods and/or services required shall be construed to operate as a waiver of any rights under this agreement nor any cause of action arising out of the performance of this agreement and the Consultant shall be and always remain liable to the City per applicable law for all damages to the City or the public caused by the Consultant's negligent or wrongful provision or performance of any of the goods and/or services furnished under this agreement. 7.11 After final payment is made to the Consultant, all deliverable analysis, reference data, survey data, plans, reports, or any other form of written instrument or document that may result from the Consultant's services or have been created during the Consultant's performance under this agreement shall become the property of the City. SECTION 8: COMPENSATION 8.1 Compensation for performance of work per Exhibit A, subject to additions and deletions by change order as provided for in this agreement. 8.2 Compensation to the Consultant shall be as outlined in the purchase order, which assigns services to be accomplished by the Consultant. 8.3 The Consultant shall be paid per the charges outlined in Exhibit `B" attached hereto. 8.4 There are no reimbursable expenses to be paid to the Consultant except as specifically set forth herein. SECTION 9: INVOICE PROCESS 9.1 Invoices, in an acceptable form to the City and without disputable items, will be processed for payment within thirty (30) days of receipt by the City. 9.2 The City will notify the Consultant of any disputable items in invoices submitted by the 25-06-RFQ Page 6 of 21 105 CITY OF SF44si!p HOME OF PELICAN ISLAND Consultant within fifteen (15) days of receipt, explaining the deficiencies. 9.3 The City and the Consultant will try to resolve all disputable items in the Consultant's invoices. 9.4 Each invoice shall reference this agreement, the appropriate purchase order and Change Order if applicable, and the billing period. 9.5 The Florida Prompt Payment Act shall apply when applicable. A billing period represents the dates in which the Consultant completed goods and/or services referenced in an invoice. 9.6 Invoices are to be forwarded directly to the Project Manager: Name: Richard Blankenship Email: RBlankenshiprii.,citvofsebastian.org SECTION 10: COMMENCEMENT SCHEDULE OF AGREEMENT 10.1 The Consultant shall commence providing services as described in this agreement upon execution of a purchase order issued by the City. 10.2 The Consultant and the City agree to make every effort to adhere to the schedules required by the City or as established for the various purchase orders as described in each purchase order. However, if the Consultant is delayed at any time in the provision of goods and/or services by any act or omission of the City, or of any employee, tumult of the City, or by any other Consultant employed by the City, or by changes ordered by the City, or by strikes, lockouts, fire, unusual delay in transportation, terrorism, unavoidable casualties, or any other causes of force majeure not resulting from the inactions or actions of the Consultant and beyond the Consultant's control which would not reasonably be expected to occur in connection with or during performance or provision of the goods and/or services, or by delay authorized by the City pending a decision, or by any cause which the City shall decide to justify the delay, the time of completion shall be extended for such reasonable time as the City may decide in its sole and absolute discretion. It is further expressly understood and agreed that the Consultant shall not be entitled to any damages or compensation or be reimbursed for any losses due to any delay or delays resulting from any of the causes as mentioned earlier or any other cause whatsoever. SECTION 11: TERM/LENGTH OF AGREEMENT 11.1 The initial term of this agreement is one (1) year, or the length of time required to complete the project, whichever is greater. 11.2 The City has the right to extend any contract for the period necessary for the Consultant to complete their contractual obligations and/or release, award, and implement a replacement agreement. Such extension shall be based on the same prices, terms, and conditions this contract outlines. 25-06-RFQ Page 7 of 21 106 CrrY OF sQigz�N HOME OF PELICAN ISLAND SECTION 12: DESIGNATED REPRESENTATIVES 12.1 The City designates the City Manager or their designated representative, to represent the City in all matters pertaining to and arising from the work and the performance of this agreement. 12.2 The City Manager, or his/her designated representative, shall have the following responsibilities: 12.2.1 Examination of all work and rendering, in writing, decisions indicating the City's approval or disapproval within a reasonable time so as not to materially delay the work of the Consultant; 12.2.2 Transmission of instructions, receipt of information, and interpretation and definition of City's policies and decisions with respect to design, materials, and other matters pertinent to the work covered by this agreement; 12.2.3 Giving prompt written notice to the Consultant whenever the City official representative knows of a defect or change necessary in the project; and 12.2.4 Coordinating and managing the Consultant's preparation of any necessary applications to governmental bodies to arrange for submission of such applications. 12.3 Until further notice from the City Manager, the designated representative for this agreement is concerning this section of the Agreement: Mr. Richard Blankenship Director Parks, Recreation and Facilities Office: 772-388-4414 Cell: 772-300-1957 Email: rblankenshin «-citvofsebastian.ork; The Consultant's designated representative is: Mr. Shailesh K. Patel 4643 S. Clyde Morris Blvd., Unit 302 Port Orange, FL 32129 Mobile: (386) 846-4760 Email: spateLa dmces.com 25-o6-RFQ Page 8 of 21 107 CPIY OF SE�AST'�N HOME OF PELICAN ISLAND SECTION 13: TERMINATION FOR CAUSE OR CONVENIENCE. 13.1 Notwithstanding any other provision of this agreement, the City shall have the right at any time to terminate this agreement in its entirety, with or without cause, as outlined herein. 13.2 WITH CAUSE: If the Contractor is found to have failed to perform services in a manner satisfactory to the City, the Contractor shall have ten (10) days to correct deficiencies. 13.2.1 Failure of the Contractor to remedy said specified deficiencies within ten (10) days of receipt of such notice shall result in the termination of the agreement, and the City shall be relieved of any responsibilities and liabilities under the terms and provisions of the contract. 13.3 WITHOUT CAUSE: The City shall have the right to terminate this agreement without cause with thirty (30) days' written notice to the Contractor. Notice shall be served to the parties as specified in the agreement. 13.4 Upon receipt of notice of termination, the Contractor shall promptly discontinue the provision of all services unless the notice provides otherwise. 13.5 If this agreement is terminated, the City shall identify any specific purchase order(s) being terminated and the specific purchase order(s) to be continued to completion according to the provisions of this agreement. 13.6 This agreement will remain in full force and effect as to all authorized purchase order(s) to be completed as outlined above. SECTION 14: PAYMENT IN THE EVENT OF TERMINATION 14.1 In the event this agreement or any purchase order is terminated or canceled before completion without cause, payment for the unpaid portion of the satisfactorily, undisputed services provided by the Consultant before the date of termination will be paid. SECTION 15: EQUAL OPPORTUNITY EMPLOYMENT 15.1 The Consultant shall not discriminate based on race, color, sex, age, national origin, religion, and disability or handicap by the provisions of: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000 et seq.), Title VII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), Florida Civil Rights Act of 1992 (§ 760.10 et seq.), Title 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375, Title 49 CFR 23 and Title 49 CFR 26 for Disadvantaged Business Enterprises, Age Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.), Title 49 CFR 21 and Title 49 CFR 23, Nondiscrimination based on handicap, Title 49 CFR 27, Americans with Disabilities Act of 1990 (42 U.S.C. 12102, et. seq.), Federal Fair Labor Standards Act (29 U.S.C. § 201, et seq.), and any other federal and state discrimination statutes. The Consultant shall furnish pertinent information regarding its 25-06-RFQ Page 9 of 21 108 CITY OF mBAST��N HOME OF PELICAN ISLAND employment policies and practices and those of their proposed sub consultants the City may require. The above shall be required of any sub consultant hired by the Consultant. All equal employment opportunity requirements shall be included in all non-exempt subcontracts entered into by the Consultant. Subcontracts entered into by the Consultant shall also include all other applicable labor provisions. No subcontract shall be awarded to any noncomplying sub -consultant. Additionally, the Consultant shall insert in its subcontracts a clause requiring subConsultants to include these provisions in any lower - tier subcontracts that may be made. The Consultant shall comply with all state laws and local ordinances. SECTION 16: INDEMNIFICATION 16.1 The Contractor and any subcontractors shall indemnify, defend and hold harmless the City, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or its subcontractors and other persons employed or utilized by the Contractor or its subcontractors in the performance of the contract; irrespective of the negligence of the indemnitee or its officers, directors, agents, or employees. However, such indemnification shall not include claims of, or damages resulting from, gross negligence or willful, wanton, or intentional misconduct of the City or its officers, directors, agents, or employees. Upon request of the City, the Contractor or its subcontractors shall, at no cost or expense to the City, indemnify and hold the City harmless of any suit asserting a claim for any loss, damage, or liability specified above, and the Contractor or its subcontractors shall pay any cost and reasonable attorneys' fees that may be incurred by the City in connection with any such claim or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as the City waiving its sovereign immunity under Florida Statute §768.28 or any other sovereign or governmental immunity, nor an admission of any liability. This provision shall survive the termination of this agreement. SECTION 17: INSURANCE 17.1 The Consultant shall obtain or possess and continuously maintain the following insurance coverage from a company or companies with a Best Rating of A- or better, authorized to do business in the State of Florida and a form acceptable to the City and with only such terms and conditions as may be sufficient to the City: 17.1.1 Worker's Compensation: The Contractor shall provide and maintain Coverage for all employees for statutory limits as required by the State of Florida's Statutory Workers' Compensation Law and all applicable Federal laws. Any policy must include the Employer's Liability with minimum limits of $1,000,000 for each accident and a waiver of subrogation. 17.1.2 Comprehensive General Liabilit\�: The Consultant shall provide minimum combined single limits of $1,000,000.00 for each occurrence / $2,000,000.00 general aggregate for bodily injury and property damage liability. This shall include 25-06-RFQ Page 10 of 21 109 CITY OF SfATN HOME OF PELICAN ISLAND premises/operations, personal & advertising injury, products & completed operations, broad form property damage, personal and advertising injury, and contractual liability coverage. 17.1.3 Comprehensive Automobile Liability: The Consultant shall provide minimum liability limits of $1,000,000.00 for each accident, combined with a single limit for bodily injury and property damage. This shall include coverage for: 17.1.3.1 Owned Automobiles 17.1.3.2 Hired Automobiles 17.1.3.3 Non -Owned Automobiles 17.1.4 Umbrella/Excess Liabilitv: The Consultant shall provide umbrella/excess coverage with limits of no less than $1,000,000.00 excess of Comprehensive General Liability, Automobile Liability, and Employers' Liability. "This coverage is optional if the CONSULTANT carries $2,000,000 Commercial General Liability Insurance with a $2,000,000 general aggregate" 17.1.5 All insurance other than Worker's Compensation to be maintained by the Consultant shall specifically include the City as an additional insured. 17.2 The Consultant shall provide certificates of insurance to the City, evidencing that all such insurance is in effect before the issuance of the first purchase order under this agreement from the City. These certificates of insurance shall become part of this agreement. Neither approval by the City nor failure to disapprove the insurance furnished by a Consultant shall relieve the Consultant of the Consultant's full responsibility for performance of any obligation, including the Consultant's indemnification of the City under this agreement. If, during the period which an insurance company is providing the insurance coverage required by this agreement, an insurance company shall: (1) lose its Certificate of Authority, (2) no longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the requisite Best's Rating and Financial Size Category, the Consultant shall, as soon as the Consultant knows any such circumstance, immediately notify the City and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this agreement. Until the Consultant has replaced the unacceptable insurer with insurance acceptable to the City, the Consultant shall be deemed to be in default of this agreement. 17.3 The insurance coverage shall contain a provision that requires that before any changes in the coverage, except increases in aggregate coverage, thirty (30) days prior notice will be given to the City by submission of a new certificate of insurance. 17.4 The Consultant shall fizrnish a certificate of insurance directly to the City's procurement/contracts manager. The certificates shall indicate that the Consultant has obtained insurance of the type, amount, and classification required by this agreement. 25-06-RFQ Page 11 of 21 110 CITY OF S13B� N HOME OF PELICAN ISLAND 17.5 Nothing in this agreement or any action relating to this agreement shall be construed as the City's waiver of sovereign immunity beyond the limits outlined in Section 768.28, Florida Statutes. 17.6 The City shall not be obligated or liable under the terms of this agreement to any party other than the Consultant. There are no third -party beneficiaries to this agreement. 17.7 The Consultant is an independent Consultant and not an agent, representative, or employee of the City. The City shall have no liability except as specifically provided in this agreement. 17.8 All insurance shall be primary to, and not contribute to, any insurance or self-insurance maintained by the City. SECTION 18: STANDARDS OF CONDUCT 18.1 The Consultant shall promptly notify the City in writing of the filing of any voluntary or involuntary petition for bankruptcy and/or any insolvency of the Design -Builder or any of its subConsultants involved in the provision of the Services under this Agreement. 18.2 The Consultant hereby certifies that no undisclosed (in writing) conflict of interest exists concerning the agreement, including, but not limited to, any conflicts that may be due to the representation of other clients, customers, or vendees, other contractual relationships of the Consultant, or any interest in property that the Consultant may have. The Consultant further certifies that any conflict of interest arising during this agreement's term shall be immediately disclosed in writing to the City. Violation of this Section shall be considered as justification for immediate termination of this agreement. 18.3 If the City determines that any employee or representative of the Consultant is not satisfactorily performing his/her assigned duties or is demonstrating improper conduct under any assignment or work performed under this agreement, the City shall notify the Consultant in writing. The Consultant shall immediately remove such employee or representative of the Consultant from such assignment. 18.4 The Consultant shall not publish any documents or release information regarding this agreement to the media without prior approval of the City. 18.5 The Consultant shall certify, upon request by the City, that the Consultant maintains a drug - free workplace policy following Section 287.0878, Florida Statutes. Failure to submit this certification may result in termination of this agreement. 18.6 If the Consultant or an affiliate is placed on the convicted vendor list following a conviction for a public entity crime, such action will result in termination of this agreement by the City. Under a contract with any public entity, the Consultant, supplier, or subConsultant may not transact business with any public entity above the threshold amount provided in s. 287.017, Florida Statutes for CATEGORY TWO for 36 months after being placed on the 25-06-RFQ Page 12 of 21 111 CITY OF SFB TAN HOME OF PELICAN ISLAND convicted vendor list. 18.7 Consultant certifies to the best of their knowledge and belief, that they and their principals (1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any municipal, City, state or federal department or agency; (2) have not, within a three year period preceding execution of this agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records; making false statements; or receiving stolen property; (3) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated above; (4) have not within a three year period preceding execution of this Agreement had one or more public transactions (Federal, State, or local) terminated for cause or default; and (5) will advise the City immediately if their status changes and will explain the change in status. 18.8 The City reserves the right to unilaterally terminate this agreement if the Consultant refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and other applicable law, and made or received by the Consultant in conjunction, in any way, with this agreement. 18.9 The Consultant shall comply with the requirements of the Americans with Disabilities Act (ADA), and all related federal or state laws which prohibit discrimination by public and private entities based on disability. 18.10 The City will not intentionally award publicly -funded contracts to any Consultant who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationally Act (INA). The City shall consider the employment by the Consultant of unauthorized aliens, a violation of Section 274A(e) of the INA. Such violation by the Consultant of the employment provisions contained in Section 274A(e) of the INA shall be grounds for immediate termination of this agreement by the City. 18.11 The Consultant agrees to comply with federal, state, and local environmental, health, and safety laws and regulations applicable to the goods and/or services provided to the City. The Consultant agrees that any program or initiative involving the work that could adversely affect any personnel involved, citizens, residents, users, neighbors, or the surrounding environment will ensure compliance with all employment safety, environmental, and health laws. 18.12 The Consultant shall ensure that all goods and/or services are provided to the City after the Consultant has obtained any permits, licenses, permissions, approvals, or similar consents at its sole and exclusive expense. 25-06-RFQ Page 13 of 21 112 CITY OF SE�AST�AN y HOME OF PELICAN ISLAND 18.13 If applicable, per Section 216.347, Florida Statutes, the Consultant shall not use funds provided by this agreement to lobby the Legislature, the judicial branch, or state agency. Furthermore, Consultant shall not, in connection with the contract, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any City officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty; or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any City officer or employee. "Gratuity" means any payment of more than nominal monetary value in cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, money deposits, services, employment, or contracts. 18.14 The Consultant shall advise the City in writing who has been placed on a discriminatory vendor list, may not submit a bid on a contract to provide goods or services to a public entity, or may not transact business with any public entity. 18.15 The Consultant shall not engage in any action that would create a conflict of interest in the performance of that actions of any City employee or other person during the performance of, or otherwise related to, this agreement or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. SECTION 19: PUBLIC RECORDS 19.1 The consultant will keep and maintain public records required by the City to perform the service. Upon request from the City's custodian of public records, the Consultant will provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statues, or as otherwise provided by law. Upon completion of the Agreement, the Consultant will transfer, at no cost, to the City all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. The Consultant will ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the term of the Agreement and following completion of the Agreement if the Consultant does not transfer the records to the City. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology system of the City. If the Consultant does not comply with the City's request for public records, the City shall enforce the provisions of the Agreement per the terms of the Agreement and may cancel the Agreement. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT JEANETTE 25-06-RFQ Page 14 of 21 113 CITY OF SfN HOME OF PELICAN ISLAND WILLIAMS, CUSTODIAN OF PUBLIC RECORDS, AT 1225 MAIN STREET, SEBASTIAN, FL 32958; EMAIL: iwilliams(a Citvofsebastian.ori!; PHONE: 772-388-8215. SECTION 20: CODES AND DESIGN STANDARDS 20.1 All services to be performed by the Consultant shall, at a minimum, be in conformance with commonly accepted industry and professional codes and standards, standards of the City, and the laws of any federal, state, and local regulatory agencies. 20.2 The Consultant shall be responsible for keeping apprised of any changing laws applicable to the goods and/or services to be performed under this agreement. SECTION 21: ASSIGNABILITY 21.1 The Consultant shall not sublet, assign, or transfer any interest in this agreement or claims for the money due or to become due out of this agreement to a bank, trust company, or other financial institution without written City approval. When approved by the City, written notice of such assignment or transfer shall be furnished promptly to the City. 21.2 The Consultant agrees to reasonably participate in the contract "piggybacking" programs pertinent to local governments. SECTION 22: SUBCONSULTANTS 22.1 Any Consultant's proposed sub consultants shall be submitted to the City for written approval before the Consultant enters a subcontract. Sub consultant information shall include, but not be limited to, state registrations, business address, occupational license tax proof of payment, and insurance certifications. 22.2 The Consultant shall coordinate the provision of goods and/or services and work product of any City approved sub consultants and remain fully responsible for such goods and/or services and work under the terms of this agreement. 22.3 Any subcontract shall be in writing and shall incorporate this agreement and require the sub consultant to assume the performance of the Consultant's duties commensurately with the Consultant's responsibilities to the City under this agreement; it is understood that nothing herein shall in any way relieve the Consultant from any of its duties under this agreement. The Consultant shall provide the City with executed copies of all subcontracts. 22.4 The Consultant shall reasonably cooperate with the City and other City Consultants and professionals. 25-06-RFQ Page 15 of 21 114 cr1Y OF SfB4STl_ AN A�� HOME OF PELICAN ISLAND SECTION 23: CONTROLLING LAWS/VENUE/INTERPRETATION/WAIVER OF JURY TRIAL 22.5 The laws of the State of Florida shall govern the agreement. In the event of litigation arising under this agreement, the venue of such action shall be an appropriate State or Federal Court in and for Indian River County, Florida. The parties agree that in the event of litigation arising from this agreement, each shall waive any right to trial by jury. 22.6 This agreement is the result of bona fide arms -length negotiations between the City and the Contractor, and all parties have contributed substantially and materially to the preparation of the agreement. This agreement shall not be construed more, strictly against either party against the other. SECTION 24: FORCE MAJEURE 23.1 Neither party shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such obligations, or any of them, is delayed or prevented by Force Majeure. Force Majeure shall include, but not be limited to, hostility, terrorism, revolution, civil commotion, strike, epidemic, pandemic, fire, flood, wind, earthquake, explosion, any law, proclamation, regulation, or ordinance or other act of government, or any act of God or any cause whether of the same or different nature, existing or future; provided that the cause whether or not enumerated in this Section is beyond the control and without the fault or negligence of the party seeking relief under this Section. SECTION 25: EXTENT OF AGREEMENT/INTEGRATION/AMENDMENT. 24.1 This agreement and the exhibit(s) constitute the entire integrated agreement between the City and the Consultant and supersedes all prior written or oral understandings in connection therewith. This agreement and all the terms and provisions contained herein, including without limitation the exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof and supersedes and controls over any prior agreements, understandings, representations, correspondence, and statements whether written or oral. 24.2 This agreement may only be amended, supplemented, or modified by a formal written amendment. 24.3 Any alterations, amendments, deletions, or waivers of the provisions of this agreement shall be valid only when expressed in writing and duly signed by the parties. SECTION 26: NOTICES 25.1 Whenever either party desires to give notice unto the other, it must be given by written notice, sent by email and/or registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified. The place for giving notice shall remain such until it shall have been changed by written notice in 25-06-RFQ Page 16 of 21 115 CITY OF SFBAST HOME OF PELICAN ISLAND compliance with the provisions of this Section. 25.2 For the present, the parties designate the following as the representative places for giving of notice, to wit: TO THE CITY: City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 TO THE CONSULTANT: Mr. Shailesh Patel Dredging & Marine Consultants, LLC 4643 S. Clyde Morris Blvd., Unit 302 Port Orange, F132129 O: 386-304-6505 C: 386-846-4760 E: sap tej<< dmces.com Procurement/Contracts Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 O: 772-388-8231 E: �'essgrahamCa)cityofsebastian.org 25.3 Written notice requirements of this agreement shall be strictly construed and such requirements are a condition precedent to pursuing any rights or remedies hereunder. The Consultant agrees not to claim any waiver by the City of such notice requirements based upon the City having actual knowledge, implied, verbal or constructive notice, lack of prejudice, or any other grounds as a substitute for the failure of the Consultant to comply with the express written notice requirements herein. Computer notification (e-mails and message boards) shall not constitute proper written notice under the terms of the agreement. SECTION 27: WAIVER 26.1 The failure of the City to insist in any instance upon the strict performance of any provision of this agreement or to exercise any right or privilege granted to the City hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. SECTION 28: NO GENERAL CITY OBLIGATION 27.1 In no event shall any obligation of the City under this agreement be or constitute a general obligation or indebtedness of the City, a pledge of the ad valorem taxing power of the City, or a general obligation or indebtedness of the City within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. 27.2 The Consultant shall not have the right to compel the exercise of the ad valorem taxing power of the City. 25-06-RFQ Page 17 of 21 116 CITY OF SFBTIN HOME OF PELICAN ISLAND SECTION 29: EXHIBITS 28.1 Each exhibit referred to and attached to this agreement is an essential part of this agreement. The exhibits and any amendments or revisions thereto, even if not physically attached hereto, shall be treated as if they are part of this agreement. SECTION 30: SEVERABILITY/CONSTRUCTION 29.1 If any term, provision, or condition contained in this agreement shall, to any extent, be held invalid or unenforceable, the remainder of this agreement, or the application of such term, provision, or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision, and condition of this agreement shall be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest. 29.2 All provisions of this agreement shall be read and applied in para materia with all other provisions hereof. SECTION 31: SURVIVAL 30.1 All express representations, waivers, indemnifications, and limitations of liability included in this agreement shall survive completion or termination of the agreement for any reason. 25-06-RFQ Page 18 of 21 117 CITY OF SIFB:sTN HOME OF PELICAN ISLAND IN WITNESS WHEREOF, the parties hereto have made and executed this agreement on the respective dates under each signature: the City through its City Council taking action on the and the Consultant signing by and through its duly authorized corporate officer having the complete authority to execute same. ATTEST: Dhilan S. Patel ATTEST: Jeanette Williams, MMC City Clerk For the use and reliance of the City of Sebastian only. Approved as to form and legal sufficiency. Jennifer D. Cockcroft, Esq. City Attorney 25-06-RFQ DREDGING & MARINE CONSULTANTS, LLC Shailesh K. Patel, President Date: CITY OF SEBASTIAN, FL L'-fi Brian Benton, City Manager Date: Page 19 of 21 118 CLIY OF $AST SE - �N HOME OF PELICAN ISLAND Exhibit "A" Scope of Services 2s-06-RFQ Page 20 of 21 119 dew a Mohr» cmkow k -DI'4C ,�Grr*ERS + SCIErmSTS Jessica Graham, CPPB Procurement/Contract Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 January 30, 2025 RE: City of Sebastian Main Street Park Boat Ramp Dredge Design and Permitting; RFQ 25-06 Dear Ms. Graham, Dredging & Marine Consultants LLC (DMC) is pleased to submit the following proposal to the City of Sebastian (City) to provide dredge design and permitting services for the Main Street Park Boat Ramp. We have indicated services related to the bidding and construction inspection and management, Task 3, for future consideration, once the project is ready for bidding and construction. Scope of Services: DMC will assist with the following services as indicated in the scope of service below, as discussed with the City on January 27, 2025: Task 1 — Design Services: DMC's team will perform a thorough site visit to evaluate existing conditions and support the design process effectively. We will coordinate and facilitate the collection of essential field data, including hydrographic survey, resource survey, and sediment sampling and testing for potential beneficial uses. DMC will design a dredging plan for a 100-foot-wide channel extending from the existing boat ramp to the Intracoastal Waterway right-of-way, achieving a depth of -5 feet mean low water with an additional one -foot over -dredge allowance. DMC will calculate sediment volumes and recommend appropriate dredging method and material management. Furthermore, we will assist the City with dredged material management and hauling routes and identifying beneficial re -use as fill along the shoreline and park to the South. DMC understand that other engineering firm is designing the shoreline armoring along the shoreline and park and preliminary drawings will be provided by the City to DMC of use along with any Sovereign Submerged Land Lease, designs for adjoining structures such as the ramp, north and south accessory docks and long boardwalk to the north of the proposed dredged area. The design will be developed in progressive stages and delivered, with plan sets delivered at 30%, 60%, and 90% completion for the City's review and feedback. Following the City's final review, within 2 weeks of submittal, DMC will finalize and proceed with the next stage of plan development. This task will also include development of a comprehensive set of technical specifications and provide an associated probable cost estimate for the project as final deliverables along with a final plan signed and sealed plan set for future bidding. Deliverables: 30%, 60%, 90%, 100% plans sets, technical specifications and probable costs. Task 2 — Permitting: DMC will submit and secure both a State (Florida Department of Environmental Protection) and the Federal (U.S. Army Corps of Engineers) permits. We will facilitate a pre -application meeting with each agency, as needed. DMC will communicate with the agencies to efficiently conduct field investigations to submit and secure permits. DMC will prepare all the necessary data and tables along with responding to 4643 S. Clyde Morris Blvd., Unit 302 • Port Orange, FL 32129 • Phone: 386-304-6505 • Fax: 386-304-6506 spatel@dmces.com • www.dmces.com 120 City of Sebastian Main Street Park Boat Ramp; Dredge Design and Permitting Page 2 all Requests or Additional Information. Any permit fees and possible Sovereign Submerged Land Lease, if required, will be paid by the City once a fee is accessed by the agencies. DMC will coordinate fee payment with the City. Deliverables: Permit at 30% design plan, responses to any RAls, Secure FDEP and USACOE permits. Task 3 — Bidding Assistance, Construction Inspection & Management and Project Closeout Services: TBD. This task is for informational purposes only and will be expected once funding is established. This task includes assisting the City's procurement department with bid preparation and advertisement of this project. DMC will attend the pre -bid meeting and assist with addendum preparation by responding to any request for additional information, clarification questions submitted with regards to the plans and specifications by the contractors. DMC will also assist City with bid tabulation, reference checks and contractor recommendation, as may be needed. Once a contractor has been selected for project construction, DMC will provide construction inspection & management and project closeout services. Services included are: • Coordinate and attend the pre -construction meeting. • Provide list of required documents from the Contractor. • Coordinate notification to Public on work and impacts to Ramp usage. • Review of emergency and safety plans, including Maintenance of Traffic plan, if required. • Review of shop drawings and other documents as applicable. • Ensure site stakeout and BMPs are in place prior to work. • Conducting bi-weekly site visits to monitor construction activity and conformance with the plans and technical specifications. All site visits will be documented with photographs and field activity reports. Site visits will also be conducted at critical stages of construction or for any unforeseen conditions that require immediate conflict resolution. • Review of pay applications submitted by the contractor and making recommendations for payment or revision. • Address any technical questions raised by the contractor during construction, provide field resolution, and/or clarifying any items in the plans or technical specifications, if required. • Review red -lined plans indicating any deviations from the plans and/or technical specifications that were agreed upon at the site during construction. • Review monitoring data and permit compliance, as required. • Schedule a project walkthrough when the contractor has determined the project to be substantially complete and will generate a punch -list of items to be addressed by the contractor before the project can be accepted as fully complete. • Assist with securing documents for Release of Liens • Review of as -built drawings and preparation of recommendations to correct any noted deficiencies. • Submittal of as -built drawings and other required close-out documents to appropriate regulatory agencies. • Assist with final -close-out documents and any funding close-out documents. -2- ­ D14C City of Sebastian Main Street Park Boat Ramp; Dredge Design and Permitting Page 3 Budqet: The total not -to -exceed lump sum cost for Tasks 1 and 2, including all expenses is $99,995.00. Schedule: DMC will commence work upon notice to proceed and will deliver the 100% plans based on a timeline agreed upon by the City. DMC understands that additional funding may be sought with Florida Inland Navigation District, thus permits will need to be secured by September 16, 2025. DMC anticipates a nine -month period for design, assuming Notice to Proceed of February 15th, 2025. Please note that the timeline is dependent on timely review and comments by the City and permitting agencies. Should you have any further questions please call 386-304-6505. We look forward to your authorization (Notice -to -Proceed) and to working with you on this project. Thank you. Respectfully, Dredging & Marine Consultants, LLC Mehul J. Patel, P.E. Shailesh K. Patel, M.Sc., CPSSc. Senior Principal Engineer Principal/Senior Project Manager -3- DredVq 6 MarM o Cowftrft 7-D14C ENGNJEERS • SCIEtMTS 122 SfBASCrIY OF �T Tj�1V HOME OF PELICAN ISLAND Exhibit "B" Hourly Rates 25-o6-RFQ Page 21 of 21 123 D»Opr+p IL ma*w cats kw* DXC City of Sebastian RFQ No. 25-06 Main Street Park Boat Ramp Engineering Services Professional Burdened Rates Effective January 1, 2025 Proiect Staff Hourly Rate Principal/Senior Manager.......................................................................................$190.00 Senior Principal Engineer & Scientist.....................................................................$180.00 DesignEngineer.....................................................................................................$145.00 ProjectManager.....................................................................................................$135.00 Engineering Professional.......................................................................................$125.00 SeniorEcologist.....................................................................................................$115.00 EngineeringIntern..................................................................................................$105.00 Environmental Professional....................................................................................$ 95.00 Support Technical Engineering/Environmental Professional ...................................$ 80.00 Technical Support Staff Senior CADD Technician.........................................................................................$85.00 CADDTechnician.....................................................................................................$75.00 Grants Management.................................................................................................$80.00 Administrative / Accounting......................................................................................$60.00 Construction Inspection / Administration* ConstructionManager............................................................................................$125.00 Senior Resident Inspector......................................................................................$ 90.00 Environmental/Construction Inspector....................................................................$ 85.00 FieldTechnician.....................................................................................................$ 75.00 Equipment Expenses JonBoat (per day)....................................................................................................... Cost Turbidity Meter/Standards (per day).......................................................................$150.00 Sediment Sampler (per day)...................................................................................$150.00 SubcontractorExpenses............................................................................................. Cost 4643 S. Clyde Morris Blvd. Unit 302 - Port Orange, FL 32129 - Phone: 386-304-6505 - Fax: 386-304-6506 spate)@dmces.com - www.dmces.com 124