Linking Agreement

LINKING AGREEMENT
‘BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
BALAR HOLDING CORPORATION dba BALAR EQUIPMENT

THIS LINKING AGREEMENT (this “Agreement”) is entered into as of this day of

, 2021, between the City of Glendale, an Arizona municipal corporation (the “City”), and Balar

Holding Corporation dba Balar Equipment, a(n) Arizona corporation authorized to do business in
Arizona (“Contractor”), collectively, the “Parties.”

RECITALS

On February 19, 2018, under Sourcewell Cooperative Purchasing Program, Sourcewell enteted
into a contract with Contractor to purchase the goods and services described in the Sewer
Vacuum, Hydro-Excavation, and Street Sweeper Equipment, with Related Accessories and
Supplies Contract No. 122017-SWZ (“Coopetative Purchasing Agreement”), which is
attached hereto as Exhibit A. The Cooperative Purchasing Agreement permits its cooperative

use by other governmental agencies including the City.

Section 2-149 of the City’s Procurement Code permits the Materials Manager to procure goods
and services by participating with other governmental units in cooperative purchasing
agreements when the best interests of the City would be served.

Section 2-149 also provides that the Materials Manager may enter into such cooperative
agreements without meeting the formal or informal solicitation and bid requirements of
Glendale City Code Sections 2-145 and 2-146.

The City desires to contract with Contractor for supplies or services identical, or nearly
identical, to the supplies or services Contractor is providing other units of government under
the Cooperative Purchasing Agreement. Contractor consents to the City’s utilization of the
Cooperative Purchasing Agreement as the basis of this Agreement, and Contractor desires to
enter into this Agreement to provide the supplies and services set forth in this Agreement.

AGREEMENT

NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference,
and the covenants and promises contained in this Linking Agreement, the parties agree as follows:

1.

Term of Agreement. The City is purchasing supplies and/or services from Contractor
pursuant to the Cooperative Purchasing Agreement. According to the Cooperative
Purchasing Agreement, purchases can be made by governmental entities from the date of
award, which was February 19, 2018, until the date the contract expires on February 20, 2022
unless the term of the Cooperative Purchasing Agreement is extended by the mutual
agreement of the original contracting parties. The Cooperative Purchasing Agreement,
however, may not be extended beyond February 20, 2023. The initial period of this
Agreement, therefore, is the petiod from the Effective Date of this Agreement until

1/2/2020

February 20, 2022. The City may renew the term of this Agreement for one (1) year until the
Cooperative Purchasing Agreement expires on February 20, 2023. Glendale renewals are not
automatic and shall only occur if the City gives the Contractor notice of its intent to renew.
The City may give the Contractor notice of its intent to renew this Agreement 30 days prior
to the anniversary of the Effective Date to effectuate such renewal.

5 £ Work: Terms, Condit 1 Specifications.

A. Contractor shall provide City the supplies and/or services identified in the Scope of
Work attached as Exhibit B.

B. Contractor agrees to comply with all the tetms, conditions and specifications of the
Coopetative Purchasing Agreement. Such tetms, conditions and specifications are
specifically incorporated into and are an enforceable part of this Agreement.

Compensation.

A. City shall pay Contractor compensation at the same rate and on the same schedule as
provided in the Cooperative Purchasing Agreement, which is attached hereto as
Exhibit C.

B. The total purchase price for the supplies and/or setvices purchased under this
Agreement shall not exceed two hundred seventy-eight thousand three hundred fifty
dollars and twenty cents ($278,350.20) for the entire term of the Agreement (initial
term plus any renewals).

Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511.

Non-discrimination. Contractor must not discriminate against any employee or applicant for
employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. military
veteran status or any disability. Contractor will require any Sub-contractor to be bound to the
same tequirements as stated within this section. Contractor, and on behalf of any
subcontractors, wartants compliance with this section.

Insurance Certificate. A certificate of insurance applying to this Agreement must be provided
to the City prior to the Effective Date.

E-verify. Contractor complies with A-RS. § 23-214 and agrees to comply with the
requirements of A.R.S. § 41-4401.

No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the
parties hereby certify that they are not currently engaged in, and agree for the duration of the
Agreement to not engage in, a boycott of goods or services from Israel, as that term is defined
in ARS § 35-393.

4/29/2021

9. Attestation of PCI Compliance. When applicable, the Conttactor will provide the City
annually with a Payment Card Industry Date Security Standard (PCI DSS) attestation of
compliance certificate signed by an officer of Contractor with oversight responsibility.

10, Notices, Any notices that must be provided under this Agreement shall be vent to the Parties’
tespective authorized representatives at the address listed below:

City of Glendale

c/o Craig Cronet, Fleet Management Superintendent
6210 W. Myztle Avenue, #111

Glendale, AZ 85301

And

Balat Holding Corporation dba Bala: Equipment
c/o Jima Keies
11023 N. 224 Avenue

Phoenix, AZ 85029

IN WITNESS WHEREOF, the patties hereto have executed this Agreement aa of the date and year
set forth above.

City of Glendale, an Arizona Balar Holding Corporation,
Va

Kevin R. Phelps Name Peter S Fraws
City Managec Title: C.0-a

ATTEST:

Julie K. Bower (SEAL)

City Clerk

APPROVED AS TO FORM:

Michael D. Bailey

City Attorney

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
BALAR HOLDING CORPORATION dba BALAR EQUIPMENT

EXHIBIT A
SOURCEWELL
CONTRACT NO. 122017-SWZ
SEWER VACUUM, HYDRO-EXCAVATION, AND STREET SWEEPER EQUIPMENT,
WITH RELATED ACCESSORIES AND SUPPLIES

4/29/2021

Huntsville, Al

USTOMER PO TO DEALER A ORIZATION LETTER

Date September 14, 2021
To: City of Glendale

Glendale, Arizona
RE: DEALER AUTHORIZATION TO RECEIVE SOURCEWELL MEMBER PO
To Whom It May Concern,
We authorize your local dealer, Balar Equipment to receive a Purchase Order from you for the
purchase of Schwarze sweeper model M6TE quoted to you on 09/14/2021 according to the
terms of our Sourcewell Contract Number 122017-SWZ. This letter is for a one time authorized

assignment of Contract Number 122017-SWZ, and cannot be duplicated on future orders, or
quotations without specific written consent of Schwarze Industries, Inc. Please provide us a copy

of your purchase order for our records. You may email the Purchase Order to
sourcewell@schwarze.com
Should you have any further questions or concerns, please do not hesitate to contact me.

Sincerely,

M.J. DuBois

MJ DuBois
Contract Administrator

Page 1 of 1

FORM E
CONTRACT ACCEPTANCE AND AWARD

(Top portion of this form will be completed by NJPA if the vendor Is awarded a contract. The vendor should
complete the vendor authorized signatures as port of the RFP response.)

NJPA Contract #: 122017-SWZ

Proposer's full legal name: Schwarze Industries, Inc.

Based on NJPA’s evaiuvation of your proposal, you have been awarded a contract. As an awarded vendor, you
agree to provide the products and services contained in your proposal and to meet all of the terms and
conditions set forth in this RFP, In any amendments fo this RFP, and In any exceptions that are accepted by NJPA.
The effective date of the Contract will be February 20, 2018 and will expire on February 20, 2022 (no later than the
later of four years from the expiration date of the currently awarded contract or four years from the date that the

NJPA Chief Procurement Officer awards the Contract). This Contract may be extended for a fifth year at NJPA's
discretion,

NJPA Authorized Signatures:

Dow dda Jeremy Schwartz
NJPA DIRECTOR OF COOPERATIVE CONTRACTS (NAME PRINTED OR TYPED)
AND PROCUREMENT/C
a?
had Coavette

NJPA EXECUTIVE DIRECTOR/CEO SIGNATURE (NAME PRINTED OR TYPED)
Awarded on February 19, 2018 NJPA Contract # 122017-SWZ
Vendor Authorized Signatures:

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

Vendor Name _ Schwarze Industries

Authorized Signatory’s Tite _ Contract Administrator
UWS: DuBPove M J DuBois

VENDOR AUTHORIZED SIGNATURE (NAME PRINTED OR TYPED)

Executed on February 21 2018 NJPA Contract # 122017-SWZ

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
BALAR HOLDING CORPORATION dba BALAR EQUIPMENT

EXHIBIT B
Scope of Work

PROJECT

For the purchase of one (1) PM-10 Certified Schwarze M6TE Avalanche Street Sweeper through a
gtant award from the Maricopa Association of Governments (MAG).

4/29/2021

National Joint Powers Alliance®
REQUEST FOR PROPOSAL

for the procurement of

SEWER VACUUM, HYDRO-EXCAVATION, AND STREET SWEEPER
EQUIPMENT, WITH RELATED ACCESSORIES AND SUPPLIES

REP Opening
DECEMBER 21, 2017
8:30 a.m. Central Time
At the offices of the
National Joint Powers Alliance®
202 12 Street Northeast, Staples, MN 56479

RFP #122017

The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which
includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public
agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a
national contract solution for the procurement of #122017 SEWER VACUUM, HYDRO-EXCAVATION, AND STREET
SWEEPER EQUIPMENT, WITH RELATED ACCESSORIES AND SUPPLIES: Details of this RFP are available
beginning November 16, 2017. Details may be obtained by letter of request to Chris Robinson, NJPA, 202 12th Street
Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until
December 20, 2017 at 4:30 p.m. Central Time at the above address and opened December 21, 2017 at 8:30 a.m. Central

Time.

November 16, 2017

December 5, 2017
10:00 a.m. CT

December 13, 2017

December 20, 2017
4:30 pan. CT

December 21, 2017
8:30 a.m. CT

RFP Timeline

Publication of RFP in the print and online version of USA Today, in the print and online version of
the Salt Lake News within the State of Utah, in the print and online version of the Daily Journal of
Commerce within the State of Oregon (note: OR entities this pertains to:

fore: and also RFP Appendix B), in the print and online
version of The State within the State of South Carolina, the NJPA website, MERX,
Noticetobidders.com, PublicPurchase.com, Biddingo, and Onvia.

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

Deadline for RFP questions.

Deadline for Submission of Proposals. Late responses will be returned unopened.

Public Opening of Proposals.

Direct questions regarding this RFP to: Chris Robinson at chris.robinson@njpacoop.org or (218) 895-4168.

1

TABLE OF CONTENTS

. DEFINITIONS

A. Contract

B. Proposer

C. Sourced Good of Open Market Item
D. Vendor

2. ADVERTISEMENT OF RFP

INTRODUCTION

. About NJPA

Joint Exercise of Powers Laws

Why Respond to a National Cooperative
Procurement Contract

The Intent of This RFP

Scope of This RFP

Expectations for Equipment/Products
and Services Being Proposed

G. Solutions Based Solicitation

ARO ADP

INSTRUCTIONS FOR PREPARING YOUR
PROPOSAL

Inquiry Period

Pre-Proposal Conference

Identification of Key Personnel
Proposer’s Exceptions to Terms and
Conditions

Proposal Format

Questions & Answers About This RFP
Modification or Withdrawal of a
Submitted Proposal

Proposal Opening Procedure

NJPA’s Rights Reserved

SH Omm GaAw>

5. PRICING

Line-Item Pricing

Percentage Discount From Catalog or
Category

Cost Plus a Percentage of Cost
Hot List Pricing

Ceiling Price

Volume Price Discounts/
Additional Quantities

Total Cost of Acquisition
Sourced Equipment/Products/
Open Market Items

Price and Product Changes
Payment Terms

Sales Tax

Shipping

HO smo wD

Pe

6. EVALUATION OF PROPOSALS

A. Proposal Evaluation Process
B. Proposer Responsiveness

7.

8.

10.
IL.

12.
13.

Proposal Evaluation Criteria
Other Consideration

Cost Comparison

Marketing Plan

Certificate Of Insurance

Order Process and/or Funds Flow
Administrative Fees

Value Added

Waiver of Formalities

POST AWARD OPERATING ISSUES

. Subsequent Agreements

NJPA Member Sign-up Procedure
Reporting of Sales Activity

Audits

Hub Partner

Trade-Ins

Out of Stock Notification

Termination of a Contract resulting from
this RFP

GENERAL TERMS AND CONDIITONS
Advertising a Contract Resulting From
This RFP

Applicable Law

Assignment of Contract

List of Proposers

Captions, Headings, and Illustrations
Data Practices

Entire Agreement

Force Majeure

Licenses

Material Suppliers and Sub-Contractors
Non-Wavier of Rights

Protests of Awards Made

. Suspension or Disbarment Status
Affirmative Action and Immigration
Status Certification

Severability

Relationship of Parties

FORMS
PRE-SUBMISSION CHECKLIST

PRICE & PRODUCT CHANGE REQUEST
FORM

ASP aso

TOMAR OW >

>

7O ZEBRA momo

APPENDIX A

APPENDIX B - HI, ID, OR, SC, UT, WA
Political Subdivisions (SEPARATE
ATTACHMENT)

. APPENDIX C - VA Political Subdivisions

(SEPARATE ATTACHMENT)

1 DEFINITIONS

A. CONTRACT
Contract means this RFP, current pricing information, fully executed Forms C, D, F, & P from the
Proposer’s response pursuant to this RFP, and a fully executed Form E (“Acceptance and Award”) with
final terms and conditions. Form E will be executed after a formal award and will provide final clarification
of terms and conditions of the award.

B. PROPOSER
A Proposer is a company, person, or entity delivering a timely response to this RFP. This RFP may also
use the terms “respondent” or “proposed Vendor,” which is interchangeable with Proposer as the context
allows.

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

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

2 ADVERTISEMENT OF RFP

2.1 NIJPA advertises this solicitation: 1) in the hard copy print and online editions of the USA Today; 2)
once each in Oregon’s Daily Journal of Commerce, South Carolina’s The State and Utah’s Salt Lake
Tribune; 3) on NJPA's website; and 4) on other third-party websites deemed appropriate by NJPA. Other
third-party advertisers may include Onvia, PublicPurchase.com, MERX, and Biddingo.

2.2 NIPA also notifies and provides solicitation documentation to each state-level procurement departments
for possible re-posting of the solicitation within their systems and at their option for future use and to meet
specific state requirements.

3 INTRODUCTION
A. ABOUT NJPA

3.1 The National Joint Powers Alliance® (NJPA) is a public agency serving as a national municipal

contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute
§123A.21 with the authority to develop and offer, among other services, cooperative procurement services
to its membership. Eligible membership and participation includes states, cities, counties, all government
agencies, both public and non-public educational agencies, colleges, universities and non-profit

3.2 Under the authority of Minnesota state laws and enabling legislation, NJPA facilitates a competitive
solicitation and contracting process on behalf of the needs of itself and the needs of current and potential
member agencies nationally. This process results in national procurement contracts with various Vendors
of products/equipment and services which NJPA Member agencies desire to procure. These procurement
contracts are created in compliance with applicable Minnesota Municipal Contracting Laws. A complete
listing of NJPA cooperative procurement contracts can be found at www.njpacoop.org.

3.3 NJPA is a public agency governed by publicly elected officials that serve as the NJPA Board of
Directors. NIPA’s Board of Directors oversees and authorizes the calls for all new proposals and holds
those resulting Contracts for the benefit of its own and its Members use.

3.4 NJPA currently serves over 50,000 member agencies nationally, Both membership and utilization of
NJPA contracts continue to expand, due in part to the increasing acceptance of Cooperative Purchasing
throughout the government and education communities nationally.

B. JOINT EXERCISE OF POWERS LAWS

3.5 NJPA cooperatively shares those contracts with its Members nationwide through various Joint Exercise
of Powers Laws or Cooperative Purchasing Statutes established in Minnesota, other states and Canadian
provinces. The Minnesota Joint Exercise of Powers Law is Minnesota Statute §471.59 which states “Two
or more governmental units...may jointly or cooperatively exercise any power common to the contracting
parties...” This Minnesota Statute allows NJPA to serve Member agencies located in all other states,
Municipal agencies nationally can participate in cooperative purchasing activities under their own state law.
These laws can be found on our website at ¥ i i i
solutions/legal-authority/.

33.1 For Members within the Commonwealth of Virginia, this RFP is intended to be a “joint

procurement agreement” as described in Vir. Code § 2.2-4304(A), and those Virginia Members

identified in Appendix C may agree to be a Joint Purchaser under this RFP.

C. WHY RESPOND TO A NATIONAL COOPERATIVE PROCUREMENT CONTRACT

3.6 National Cooperative Procurement Contracts create value for Municipal and Public Agencies, as well
as for Vendors of products/equipment and services in a variety of ways:

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

3.6.2 NJPA contracts offer cur Members nationally leveraged volume purchasing discounts. Our
contract terms and conditions offer the opportunity for Vendors to recognize individual member
procurement volume commitment through additional volume based contract discounts.

3.7 State laws that permit or encourage cooperative purchasing contracts do so with the belief that
cooperative efficiencies will result in lower prices, better overall value, and considerable time savings.

3.8 The collective purchasing power of thousands of NJPA Member agencies nationwide offers the
opportunity for volume pricing discounts. Although no sales or sales volume is guaranteed by an NJPA
Contract resulting from this RFP, substantial volume is anticipated and volume pricing is requested and
justified.

3,2 NJPA and its Members desire the best value for their procurement dollar as well as a competitive price.
Vendors have the opportunity to display and highlight value-added attributes of their company,
equipment/products and services without constraints of a typical individual proposal process.

D. THE INTENT OF THIS RFP

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

3.11 Beyond our primary intent, NJPA further desires to:

3.11.1 Award a four-year contract with a fifth-year contract option resulting from this RFP. Any
fifth-year extension is exercised at NJPA’s discretion and results from NJPA’s contracting
needs or from Member requests; this extension is not intended merely to accommodate an
awarded Vendor’s request. If NJPA grants a fifth-year extension, it may also terminate the
contract (or cause it to expire) within the fifth year if the extended contract is replaced by
a resolicited or newly solicited contract. In exigent circumstances, NJPA may petition
NJPA’s Board of Directors to extend the contract term beyond five years, This rarely used
procedure should be employed only to avoid a gap in contract coverage while a replacement
contract is being solicited;

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

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

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

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

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

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

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

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

E. SCOPE OF THIS RFP

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

3.17 Additional Scope Definitions: In addition to SEWER VACUUM, HYDRO-EXCAVATION, AND
STREET SWEEPER EQUIPMENT, WITH RELATED ACCESSORIES AND SUPPLIES, this
solicitation should be read to include, but not to be Hmited to:

3.17.1 Equipment, accessories and supplies for the purpose of cleaning sewer lines, catch basins
and storm sewers, such as sewer vacuums, jetters, rodders, and self-propelled or chassis-mounted
hydro-excavators; and,

3.17.2 Equipment, accessories and supplies for the purpose of street or parking lot
sweeping, such as mechanical, vacuum, air, and high efficiency sweepers.

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

3.17.3.1 Respondent’s proposal may include no more than an incidental offering of trailer
or skid-mounted hydro-excavation equipment. Respondent’s primary offerings
must be the equipment identified in sub-sections 3.17.1 or 3.17.2 above.

3.17.3.2 This solicitation is not intended to include pumps. Such items in a proposal will
be considered out of scope.

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

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

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

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

3.19 Best and Most Responsive — Responsible Proposer: It is the intent of NJPA to award a Contract to
the best and most responsible and responsive Proposer(s) offering the best overall quality and selection of
equipment/products and services meeting the commonly requested specifications of the NJPA and NJPA
Members, provided the Proposer’s Response has been submitted in accordance with the requirements of
this RFP. Qualifying Proposers who are able to anticipate the current and future needs and requirements
of NJPA and NJPA member agencies; demonstrate the knowledge of any and all applicable industry
standards, laws and regulations; and possess the willingness and ability to distribute, market to and service
NJPA Members in all 50 states are preferred. NJPA requests proposers submit their entire product line as
it applies and relates to the scope of this RFP.

3.20 Sealed Proposals: NJPA will receive sealed proposal responses to this RFP in accordance with
accepted standards set forth in the Minnesota Procurement Code and Uniform Municipal Contracting Law.
Awards may be made to responsible and responsive Proposers whose proposals are determined in writing
to be the most advantageous to NJPA and its current or qualifying future NJPA Member agencies.

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

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

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

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

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

3.23.3 Multiple solutions to the needs of NJPA and NJPA Members are possible. Examples could
include:

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

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

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

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

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

3.24 Geographic Area to be Proposed: This RFP invites proposals to provide SEWER VACUUM,
HYDRO-EXCAVATION, AND STREET SWEEPER EQUIPMENT, WITH RELATED ACCESSORIES
AND SUPPLIES to NJPA and NJPA Members throughout the entire United States and possibly
internationally. Proposers will be expected to express willingness to explore service to NJPA Members
located abroad; however the lack of ability to serve Members outside of the United States will not be cause
for non-award. The ability and willingness to serve Canada, for instance, will be viewed as a value-added
attribute.

3.25 Contract Term: At NJPA’s option, a Contract resulting from this RFP will become effective either
on the date awarded by the NJPA Board of Directors or on the day following the expiration date of an
existing NJPA procurement contract for the same or similar product/equipment and services.

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

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

3.27 [This section is intentionally blank.]

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

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

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

F, EXPECTATIONS FOR EQUIPMENT/PRODUCTS AND SERVICES BEING PROPOSED

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

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

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

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

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

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

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

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

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

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

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

G. SOLUTIONS-BASED SOLICITATION

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

3.37 While NJPA does not typically provide product and service specifications, the RFP may contain scope
refinements and industry-specific questions. Where specific items are specified, those items should be
psa nme pc aaa poner atop Phemaeal needs. NJPA

INSTRUCTIONS FOR PREPARING YOUR PROPOSAL
A. INQUIRY PERIOD

4.1, The inquiry period begins on the date of first advertisement and continues until to the Deadline for
Submission.” RFP packages will be distributed to potential Vendors during the inquiry period.

B. PRE-PROPOSAL CONFERENCE

4.2 A pre-proposal conference will be held at the date and time specified in the timeline on page one of this
RFP. Conference information will be sent to all potential Proposers, and attendance is optional. The purpose
of this conference is to allow potential Proposers to ask questions regarding this RFP and NJPA’s

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competitive contracting process. Only answers issued in writing by NJPA to questions asked before or
during the pre-proposal conference are binding on the parties to an awarded contract.

C. IDENTIFICATION OF KEY PERSONNEL
4.3 Awarded Vendors will designate one senior staff member to represent the Vendor to NJPA. This contact
person will correspond with members for technical assistance, questions, or concerns that may arise,
including instructions regarding different contacts for different geographical areas or product lines.

4,4 These designated individuals should also act as the primary contact for marketing, sales, and any other
area deemed essential by the Proposer and NJPA.

D. PROPOSER’S EXCEPTIONS TO TERMS AND CONDITIONS

45 Any exceptions, deviations, or ae an: this RFP eh a Proposer ay must be
documented on Form c, ‘erms, Conditions s

4,6 Exceptions, deviations or contingencies requested in the Proposer’s response, while possibly necessary
in the view of the Proposer, may result in lower scoring or disqualification of a proposal.

E, PROPOSAL FORMAT

4.7 All Proposers must examine the entire RFP package to seek clarification of any item or requirement
that may not be clear and to check all responses for accuracy before submitting a proposal.

4.8 All proposals must be properly labeled and sent to ‘“The National Joint Powers Alliance, 202 12th Street
NE Staples, MN 56479.”

4,9 All proposals niust be physically delivered to NJPA at the above address with all required hard copy
documents and signature forms/pages inserted as loose pages at the front of the Vendor’s response. The
proposal must include these items,

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

4.9.2 Signed hard copies of all addenda issued for the RFP;
49.3 Hard copy of Certificate of Insurance verifying the coverage identified in this RFP; and

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

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

4,10 All Proposal forms must be submitted in English and must be legible. All appropriate forms must be
executed by an authorized signatory of the Proposer. Blue ink is preferred for signatures.

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

4,12 The Proposer must ensure that the proposal is in the physical possession of NJPA before the submission
deadline.

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

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

F. QUESTIONS AND ANSWERS ABOUT THIS RFP

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

4.15 Submit all questions about this RFP, in writing, referencing SEWER VACUUM, HYDRO-
EXCAVATION, AND STREET SWEEPER EQUIPMENT, WITH RELATED ACCESSORIES AND
SUPPLIES to Chris Robinson at NJPA 202 12th Street NE, Staples, MN 56479 or to RFP@njpacoop.org.
You may also call Chris Robinson at (218) 895-4168. NJPA urges potential Proposers to communicate all
concerns well in advance of the submission deadline to avoid misunderstandings. Questions received
within seven (7) days before the submission deadline generally cannot be answered. NJPA may, however,
field purely procedural questions, questions about NJPA-issued addenda, or questions involving a Proposer
withdrawing its response before the RFP submission deadline.

4,16 If NPJA deems that its answer to a question has a material impact on other potential Proposers or on
the RFP itself, NJPA will create an addendum to this RFP.

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

question is required.

4,18 Addenda are written instruments issued by NJPA that modify or interpret the RFP. All addenda issued
by NJPA become a part of the RFP. Addenda will be delivered to all Potential Proposers using the same
method of delivery of the original RFP material. NJPA accepts no liability in connection with the delivery
of any addenda. Copies of addenda will also be made available on the NJPA website at www.njpacoop.org

(under “Current and Pending Solicitations”) and from the NJPA offices. All Proposers must acknowledge
their receipt of all addenda in their proposal response.

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

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

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

H. PROPOSAL OPENING PROCEDURE

4.23 Sealed and properly identified responses for this RFP entitled SEWER VACUUM, HYDRO-
EXCAVATION, AND STREET SWEEPER EQUIPMENT, WITH RELATED ACCESSORIES AND
SUPPLIES will be received by Chris Robinson, Procurement Manager, at NJPA Offices, 202 12th Street
NE, Staples, MN 56479 until the deadline identified on page one of this RFP. All Proposal responses must
be submitted in a sealed package. The outside of the package must plainly identify SEWER VACUUM,
HYDRO-EXCAVATION, AND STREET SWEEPER EQUIPMENT, WITH RELATED ACCESSORIES
AND SUPPLIES and the RFP number. To avoid premature opening, the Proposer must label the Proposal
response properly. NJPA documents the receipt of proposals by immediately time- and date-stamping
them. At the time of the public opening, the NJPA Director of Procurement or a representative from the
NIPA Proposal Evaluation Committee will read the Proposer’s names aloud and will determine whether
each submission has met Level-1 responsiveness.

I. NJPA’S RIGHTS RESERVED
4.24 NJPA may exercise the following rights with regard to the RFP.
4.24.1 Reject any and all proposals received in response to this RFP;

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

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

4.24.4 Consider and accept for evaluation a late modification of a proposal if 1) the proposal itself was

submitted on time, 2) the modifications were requested by NJPA, and 3) the modifications make the
terms of the proposal more favorable to NJPA or its members;

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

4,24.6 Extend the Contract, in increments determined by NJPA, not to exceed a total Contract term of
five years; .

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

4.24.9 Extend proposal due dates.

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