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HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-0291 Temp. Reso. # 12463 February 25, 2014 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2014� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS AWARD THE PURCHASE OF A REPLACEMENT VEHICLE FOR UNIT 4001 FROM ATLANTIC MACHINERY, INC., UTILIZING THE NATIONAL JOINT POWERS ALLIANCE COOPERATIVE PURCHASE AGREEMENT FOR SEWER TV INSPECTION UNITS; AUTHORIZING AN EXPENDITURE IN AN AMOUNT NOT TO EXCEED $275,000 FROM THE APPROPRIATE ACCOUNTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, funds were appropriated in the Adopted Fiscal Year 2014 Budget for the replacement of Vehicle 4001, a Sewer TV inspection unit; and WHEREAS, the timely replacement of City vehicles and equipment is necessary in order to ensure the effective and efficient delivery of services by City departments; and WHEREAS, City of Tamarac Code, §6-148 (f) allows the Purchasing and Contracts Manager the authority to waive purchasing procedures and purchase equipment which is the subject of cooperative purchasing programs; and WHEREAS, it has been proven in the marketplace that formal competitive bids available for cooperative purchase provide the lowest prices as well as the most efficient method for purchasing vehicles and heavy equipment; and Temp. Reso. #12463 February 25, 2014 Page 2 of 5 WHEREAS, approval and award of City -issued competitive bids, if utilized, shall be subject to City Manager and/or City Commission approval per City of Tamarac Code §6- 145; and WHEREAS, the Director of Public Services, Director of Financial Services, and Purchasing and Contracts Manager have determined that it is in the City's economic interests to purchase a Sewer TV inspection vehicle and equipment to replace Vehicle 4001 as identified in "Exhibit 1 ", attached hereto, utilizing a current agreement available through the National Joint Powers Alliance (NJPA) for cooperative procurement of specialized vehicles and equipment, included herein as "Exhibit 2"; and WHEREAS, Atlantic Machinery, Inc., was awarded the bid for Sewer TV inspection units by National Joint Powers Alliance (NJPA); and WHEREAS, the City has received a bid price not to exceed $275,000 from Atlantic Machinery, Inc., for the purchase of a Sewer TV inspection vehicle and equipment based on the contract pricing; and WHEREAS, the Purchasing and Contracts Manager has conducted a marketplace review, pursuant to Section 6-148 (f) of the Tamarac Procurement Code, and has determined that the National Joint Powers Alliance (NJPA) Agreement is currently the most financially advantageous agreement in place at this time; and Temp. Reso. #12463 February 25, 2014 Page 3 of 5 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac that the appropriate City Officials award a purchase in the amount of $275,000 to Atlantic Machinery, Inc., for the replacement of Vehicle 4001, a Sewer TV inspection vehicle and equipment as identified in "Exhibit 1" herein, utilizing the current cooperative purchase agreement available from the National Joint Powers Alliance (NJPA). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are* hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution upon adoption hereof and all exhibits referenced and attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: The appropriate City Officials are authorized to award a purchase in the amount of $275,000 to Atlantic Machinery, Inc., for the replacement of Vehicle 4001, a specialized Sewer TV inspection vehicle and equipment identified in "Exhibit 1" herein, utilizing the current cooperative purchase agreement available from the National Joint Powers Alliance (NJPA). Temp. Reso. #12463 February 25, 2014 Page 4 of 5 SECTION 3: Funds totaling $275,000 were appropriated in the Adopted Fiscal Year 2014 Budget for the purchase of the replacement of Vehicle 4001 and the specialized sewer TV inspection equipment identified in the Utilities Fund. SECTION 4: An expenditure in the amount of $275,000 to Atlantic Machinery, Inc., for said purpose is hereby authorized. SECTION 5: i All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 7: passage and adoption. This Resolution shall become effective immediately upon its Temp. Reso. #12463 February 25, 2014 Page 5 of 5 PASSED ADOPTED AND APPROVED this y Ada of 2014. ATTEST: ft PATRICIA TEUFrv'� CITY CLER .�`` �,MARj '�•, c„•. . ,. mop .44. HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM HARRY DRESSLER MAYO R RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BUS ELL -ft DIST 2: VICE MAYOR GOME� DIST 3: COMM. GLASSER DIST 4: COMM. PLACKO U z 2 W z x Lq .;v 61 U a]'oa C n� LL O M V 0 a Cl) F c U� �f U. W W O �z V n w F�•1 O m N 0-4 .... 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O 6A ...-4 ON 6A W) T-+ 6+9 V--4 64 N 6013 69 69 ., 69 r.i 6A .-.� GO,) 6 ^.+ Os k1 N r"' N 604 6A o 0 2 a� CO Cd c a o 601) (U o � U C . ,.., N O U H O U O V� PC A c V w 4-4b •�' 3 �' `� o o W o V 0 o i U •Vn > o �+ Ei v v E--� o �r � .� �, .d O w ) - w O o � •� CA > o N �, nowA Ucoo •V o w 0 b 0 0 C� rA i.i � O � O �O Az H V 9 H W z , O a� V A � 04 O H U 9 F-4 O U O 00 t 00 0 �l "The Standard of the Industry" 4 PJPA National Joint Powers Alliance' Pricing for TV Truck System with Chassis and 12', 14' or 16' Box Body CUEs Base Configuration includes TV Truck System with Summit Power Control System, Wireless Remote control of all camera, Transporter, and Reel Functions, 17" monitor, video overlay unit with onscreen footage, video cable reel with automatic cable level -wind, electric retrieval with variable speed control and 1000 ft. multi -conductor video cable (choice of gold of platinum), DVD recorder, choice of OZ II or OZ III pan and tilt zoom camera with built in directional LED lighting for 6" through 72" lines, choice of non-steerable Ultra Shorty 21 track transporter or US III track transporter with adapters for 6" through 24" pipe inspection with insertion / retrieval tool, down hole equipment system, EVO 11 interior with 20 gallon washdown, overhead storage cabinets, work top, Lonseai floor, Kemlite washable walls and ceilings in equipment room, rack mount console, storage cabinet, bench / storage seat, Lonseal floor, Kemlite lined walls ,and storage cabinets in the viewing room. Equipment room and viewing room separated by bulkhead wall with large safety visual window and swing out door. Delivery and 2 days training included. DESCRIPTION I PRICE I QTY I TOTAL B,14SE CUES'TV SYSTEM $1441000 1 '$1441'000 Install Diesel Chassis and Onan Quiet Diesel 7.5KW Genset In Lieu of Gas $19,867 0 *Rear View 17n Flat Screen Monitor in Equipment Room with Mount $11550 1 $1,550 16FT Body In Lieu of 14FT Body $1,000 0 SparePan & Tiit Camera $17,900 0 Adapter Tube to use OZIII on Ultra Shorty 21 or Pipe Ranger Series $2,380 0 Spare Zoom Pan & Tilt Camera $ $ $00 a Substitute Non-Steerable Compact Wheeled Transporter for Base Track Transporter (6" - 2,C) $5, 900 0 Substitute Non- -Steerable Standard Wheeled Transporter for Base Track Transporter (8" . soli $61900 0 Add Standard No7-Steering Wheeled Transporter for 8" - 60" Pipe $13,890 0 Ado Co ' - ct Non_Steering Wheeled Transporter for 6" - 24 Pipe $12,8�0 1 $121890 Add Steering to Wheeled Transporter for 8" — 60" Pipe $4,610 0 Add -Steering to Wheeled Transporter for 6" - 30" Pipe $5161 o 1 $5 j610 8" High Traction Steel Tires for Compact or Standard Wheeled Transporter $1,320 2 $2,640 10" - I W High Traction Steel Tires for Compact or Standard Wheeled Transporter $1,425 0 6" High Traction Steel Tires for Compact or Standard Wheeled Transporter $10334 0 Pneumatic Tires for Compact or Standard Wheeled Transporter ( Use with Lift) $1,138 1 $1,138 Mechanical Lift for Compact or Standard Wheeled Transporter $20850 0 Electric Lift for Compact or StandardWheeled Transporter $5,900 0 Track Conversion Kit w/ Transmission for Compact Non -Steering Wheeled Transporter $3,600 0 Automatic Payout for Video Cable Reel $2,900 0 Rear View Camera for Compact or Standard Steerable Wheeled Transporters $3,500 0 Built-in Inclinometer to Detect and Display Pipeline Gradient, OZII or OZIII $41200 0 Laser Crack/Offset/Separation Measurement System, OZII or OZIII $61500 0 Laser Profler System, 6" - 24" Pipe, Includes All Hardware, Software, and 3 Days Training $22,goo 0 Laser Profiler System, 12" - 48" Pipe, Includes All Hardware, Software, and 3 Days Training $48,000 0 Built-in Sonde for Locating OZII or OZlli Camera $11990 0 Granite XP Software, Rack Mount Computer, Monitor $16,900 1 $16,900 Customer Supplied Computer to Granite XP Specifications ($1800) 0 PACP Module for Granite XP $21450 0 Inclinometer Module for Granite XP $10990 0 Granite XP ESRI Module, Query Module, Map Module, and 2 Days Training $9,900 0 Enhanced Granite XP Support Package $1,800 1 $1,800 Manhole Assets Module for Granite XP $21950 0 Grout Module for Granite XP $2,950 0 Granite XP Scheduler Module $600 0 Granite XP Scoring Module with Training (Requires Enterprise License) $2,995 0 Lateral Module for Granite XP $21950 1 Engineering Edition for Granite XP - Edits Inspections in the Office $695 2 Enterprise Edition for Granite XP — Edits, Creates, Compatible with Access, Oracle, and SQL $8,500 0 Granite XP Mapping Stick and GPS Software $8,900 0 Lite Stick Pole Camera with Wireless Transmission to TV Truck $51532 0 :Quick Zoom Pole Camera with DVR, Vest, LCD Screen, and Wireless to Truck $14,900 0 Quick Zoom Pole Camera without DVR, Vest, LCD Screen, and Wireless to Truck $13,900 0 Fold. Down Safety Entry/Exit Bumper $2,250 0 Pull Out/Transporter Drawer in Kickplate with Grated Bottom $1,050 0 Workbench on TV Reel $750 0 LAMPII System Wheeled Lateral Launcher for 6" to 15" Mains / 3" — 8" Laterals $681000 1 LAMPI System Track Lateral Launch for 8" to 30" Mains / 3" - 8" Laterals $491900 0 Double Data for LAMP Lateral and Mainline Footage, LAMP I or II $4,400 0 Grout System, Pneumatic, Controller, Tanks, Pump system Lfor Mainlines, 2 Days Training $481000 0 Lateral Grout System for Logiball, Controller, $/ Vacuum Pump, 1 Day Training $11,200 0 .Cutter System, Lateral Cutter, 6" —15" Pipe, Cut Reel, 500 FT Alrhose 1, Day Training $38,000 0 Ford E-450 Gas Chassis $28,000 1 Ford F1.550 Diesel Chassis $39000 0 Ford F-450 Chassis $37, 500 0 Ford E=350 Cargo Van, Extended Wheel Base $28,500 0 Chevy or GMC Extended Wheel Base Cargo Van $28,300 0 Freightliner Sprinter 3500 Van $43,800 0 Add Raised Roof Bubble Top for GMC, Chevy, or Ford Cargo Van Series $4,800 0 Chevy or GMC 3500 DRW Chassis $26,500 0 Spare Kangaroo Cutter — Cutter Only $139900 0 Chevy Van Extended Wheel Base In Lieu of Ford E-450 Gas ($1;840) 0 Ford Cargo Van Extended Wheel Base In Lieu of Ford E-450 Gas ($1,600) 0 i $500 DRV1l Gas_Chassts,-1�2000 GVV1i, 121=T Body In Ueu of -:Ford E-450 ($1,000 ) 0 Sprinter Chassis 3500 with Inverter System In Lieu of Ford E-450 $22,000 0 Ford F4550" Diesel Chassis with Onan QQ, 10000 GVW 14 FT Body In Lien of- Ford E-450 $21,600 0 Chevy Express Gas Chassis, 14,200 GVW, 14 F`r Body In Lieu of Ford E-450 $0 0 Ford r- 450 Diesel Chassis with Onan OD, 14 FT Body_ in Lieu of -Ford E--450 $16,900 0 12', 14' or 16' Truck Box Body $81000 0 CUES DUC, Digital Camera System $85,000 0 Training, On -Site Field Training, Per Day $653 2 Delivery to 'Customer $300 1 SUBTOTAL `Cues is supplying 24" Bulkhead Mounted Monitor for Standard 17" Pricing The below Items are Considered CUSTOM ITEMS and are not included in NJPA Pricing $2, 950 $1,390 $28, 000 $1,306 $300 $2889474 DESCRIPTION PRICE QTY TOTAL Traffc Diroctbr LED with 30 FT Cord $1,181 1 $1,181 Whelen Vertex 4 Corner LED Strobes $997 1 $997 Back -Up Camera for Truck Chassis $1,580 1 $1,580 External Wi-Fi Antenna Kit $187 1 $187 Printer, HP Office Jet $180 1 $180 Retrieval Hook $209 1 $209 19" Monitor In Lieu of 17" Monitor in Base $155 1 $155 Additional 19" Monitor for Operations Room $468 1 $468 Multi Conductor Tool Kit $562 1 $562 Truck to Operate Existing Aries Camera and Transporter, Interface Assembly Required $348 1 $348 SUBTOTAL $59867 TOTAL FROM ABOVE $294,341 ADDITIONAL DISCOUNT TO CUSTOMER -$19,341 GRAND TOTAL $275,50 AWARDED .................... ..:............... DA JL A & i "EXHIBIT CON TRA:�,st i E X H I B I T 31 _fKIMa•ad lain- w�aUl°.r Ifi:yf• f'r: JPA► VENDOR CONTRACT SUMMARY ATLANTIC MACHINERY DATE R*FP 0 Y i i s _. ------------ AWARDED CONTRA("" NUMBER NJPA RFP TITLE & CATWORY df Its ------------ CONTRAC.''T PERIOD PRICING MODEL ------------ DF.SC RIPT101 .c.. '1 ,. '� "�° L' ` , ►iti.` ' i �t, Iw.g llc.. .:.. €i ! i_ �., �.t .: 1 Illy ..1lol) i VENDOR NAIME AND ADDRESS VENDOR CONTACT :A I tax iix IJ I if .. ' l i S{ i . 10 JPA CONTRA C:T11k; CONSIST OF THE FOLLOWING RELATED CONTRACT DOCUMENTATION DOCUMENTS ENTS Affidavit of Board �' ' Y" i4t4i .y f,} � ' ����G,�,�i }°, a?�'ww.� °f � � >►' iD4'! w �'11 Yl � S�i..::<. i"` a ng - ,1�.;.c > . ►.,,f. <iEl.r;i.; > t: !i << s i. �. f lz k' Bid yaluati t i. �. .. i a !* .. < l r R� � 1 i i � S `k i• �1• �:. y, f �. �,. �\ � i i a S. \ � !. -1 i i. ° .i ! k t u t or °rop q Bid Ac nc , war 1�F.T1 :a�E.'�i.$3...sla; iyeR^` Aa<:tn.;,ki8i..#.:� DC�t:'UMEN i.ATtO \ OP �.ONT'RACT MAI.NTENA 7CE Y" DDITION-.- Al,1NFORMATIO C.'ontr ,ct etie al 2011 JPA NMRMATION NJPA C.ONTACr TITLE PHONE KMA►IL ADR WEI, �l#.: �3.13+4.1 i.`i..`L g.,,.}.? .:s i i •. '; �,>. ! w Ye. National Joint Powers Alliance"' Contract Purchasing Department ANNUAL RENEWA,I, OF AGREEMENT made by and between Atlande, MaeMnery, Ine. (Vendor) 2628 Garff eld Ave. Silver Spring, Mn 20910 0 NatMnal JeintYowers Alliwotaeg (Ndpp) 202 d' Strut NE Stnpla,Mupelote 36479 Phones (218) 894-1930 1J17-1r•:•. "Veodoe' Ond "NJPA'' have uftvd into an "Aoaoptanoe and Award #031710-AM)r) for the proctrramont of Public U ity Vehicles a►ndlor Services, Apparatus, Squipment, anchor AooQasories and having a maturity date of May 27, 2014, and wbieh are -subject to ao�nual reauewala at dw gWon of both partiee, Now lomlhm "Valor" and'WRA" baby dosire and agroo to exftd and renew the above cue fined ootrttstct lbr the pedod of May 27, 2013 through May 26, 20140 Name Date ww rMrr• r♦rw•Fwaww••r••rr•w�.r♦. rr•wso" mmm"" Mawwwwwwa.�wwwwa�wwwwww ww♦+ tdpWr6 16 6dend. ockitjm�t-- e:�'4�+e;d�:to d�i�o�nt�Ud�e �h�e �;_:••:• � '•': • • : ' :.:'�' .= `• r • -�s '• • =' s '• ANNUAL RENEWAL OF AGREEMENT Made by and between Atlantic Machinery, Inc. ('Vendor) 2628 Garfield Ave. Silver Spring, MD 20918 and National Joint Powers Allianal) (NJPA) 200 First Street NE Stsples, Minnesota 56479 Phone: (218) 894-5482 Whereas: "Vendor"' and "NJ PA" have entered into 1) an "Act eptanec of Sid and IFB Award #031710- AMI'A % For Public Utility Vehicles and/or Services, Aparatus, Equipment and/or Accessories, and 2) an "Operating Agreement" with an effective date of May 27, 2010, and a maturity date of May 27, 2014, and which are subject to annual renewals at the option of both parties. Now therefore: "Vendor" and "NJPA" hereby desire and agree to extend and renew the above defined contacts for the period of May 27, 2012 through May 27, 2013. NationaLJoint Powers Allienee jLINJPA) By: too' Naive panted or typed: Date 4* 2 Its: C->C L-T- c_.,1 ri v Atlantic Mae e Its: National Sales Manager WOA - N-IW — Name printed or typed .._.,�..J...DU _ Y._,.�..,.._ ■ rr� r n�.. Date _ 0612IL12 ,— a M•• ==� M w ft frftw=Mr=•W-W wlft•+w" vh•r w• rw ow we aft w4wft�wrm a If you do not want to extend contract, please sign below and return this agreement Discontinues we desire to discontinue the contract. Signature: Date:' 01 i ANNUAL RENEWAL OF AGREEMENT made by and between Atlantic Machinery, Inc. (Vendor) 262$ GWfield Ave. Silver Spring, MD 20910 and National Joint Powers Alliance* (NJPA) flkla North Central Service Cooperative (iNCa%,) 200 First Street NE Staples, Minnesota 56479 Phone: (218) 894-5482 Fax: (218) 894-3045 W as: "Vendor'' and "NJPA" have entered into 1) an "Acceptance of Bid and IFB Award #031710- AMI", and 2) an "Operating Agreement" with an effective date of May 27, 2010, and a maturity date of May 27, 2014, and which are subject to annual renewals at the option of both parties. Now therefore: "Vendor" and "WRA" hereby desire and agree to extend and renew the above defined contracts for the period of May 27, 2011 through May 27, 2012. orth Central Service By: Its: C�kr�, � V 440. # - - - y _.« Name printed or typed: Cris c�� • �� A •rr� w �••■ r��r� • �u r r r�■ r� •i•�� Date y1 ! 3 � a i Atlantic MarhlneM Inc. w Name printed or typed: M .J +-S Date 4111- Its•��� Wid•.� �Q�iS ��vo r w w w w w w w Ar • ••• M• w A w w••• • r•••••••• w w w •• 00410 00� OEM w m r w r� w� M w w w If you do not want to extend contract, please sign below and return this agreement. DIM00tinue: We desire to discontinue the contract. Signature: Date: rf 'am " M A A" ituHINERY INC. Sewer antd Street EquipirtleTA S!'Peciall6ts Marsh 3 l ., 2010 The National Joint Powers Alliance 200 i" Street, NE Staples, Minnesota 56479 Attit Greg Mcier-hofierManaW.,br of Bids; and ntr et : RFP#031710, Public Utility Vehicles and/or Services, Apparatus, Equipment and/or ► cessories Mr. Mcierh fer, Atlantic Mach nctry, Ine.1"s pleased to provide our Proposal response to the above ve Requests for Proposal. areproposing t. re resent fi �.id waste equipment, street sweepers', ru nwav sswee ers# arkin �� lot swe erg, �� .� � � pot hold atc hcrs and supplies in this response. We would like to acknowledge receipt of the fbi l awing Addendw, 3/3/ 0 Addendum 40305 10, extending the bid due date Atlantic Machinery, Inc, is requcsting that our submitted Financial Statenitnits and list of the previous three year's sales be excluded from public 'inspection. We understand that this Information is necessary in order to evaluate our financial evnditlon and. worthiness of contract ;award. We are a n*va.tel.y held corporation and wish this in ..) nnatio n he held in strict confidence, We believe that the list of previous tree year customer sales being open to publicinspwion would allow our competitors to gain infoniiation to advance their interests and would jeopardize our interests. e look forward. to your careful review of our hid proposal and stand ready to answer any questions or eeneems. Sincerely!, ATLANTIC MACH IL NERr INC. MJ, DuBois National Sales Manager 2702 GarfieldAvevueing, N*htrylani 20910: � ffi301) 585*7681 Fax t March % 2012 National Joint Powers Alliance* 202 12"' Street NE P.O. Box 219 Staples, MN 56479 Attic: Andy Campbell Deem AtIdy, b`! 9�"'- a�g r anti 0►t7w� � � \1tp� "TheStandaW i a us 14071 n� #10616 yam. .Rio Meta Avenue to, Florlde 3880E 84940190 -42" 5a3 Fax Pursuant to your requi rement for the above refcrenned Contoot, I am writing on behalf of Atlantic. M.achiiiery, Inc. This letter shall be considered a conunitmont gain Cues, Inc. to the National Joint Powers Alliance for Atlantic Machinery, Inc. to represent us as Contract Administrator for the duration of the vontlict, We :are also committed to the advertisement of the NJPA Con(ract field by Atlantic Machinery and will pardelpatr with .any shows and meetings to further enhaaw our sales ou this eontract, We also commit to educate our lntertial Cues Sales Team and Dealer's on the workings of this c ntraot and has the expectation of fall part cipadoil. Atlantic Machinery, Inc. should be looked upon as Cues, Inc's authadted Dealer/Negotiator for the National Joilit Powers Alliance and will lmndle all equipment and/or Farts, quotes, sales and commitments for the Contract, Should you Have airy further questions- or mno rns, please do not hesitate to contact me at 800- 327-779 1, ext. 260. Sincerer, (90 • Paul Stepzler VP saIev'CULS psltIm cc:: David Doolittle, Sandy Milley, Terri Mooney ammoUggincum An Equal OpportunlW Emplayar riL ANTIC MACHINERY INC. Sewer and Suet Equipment March 9, 2012 National Joint powers Alliance 20212 th Street NE P.O. Box 219 Staples, MN 56479 Attu: RE: Andy Campbell le� Aeiod 11 Request Addition to Existing NJPA Contract No 031710-AMI Dear Andy, Pursuant to the terms of our NJPA Contract, l am writing to request an addition to our current NJPA Contract. We would like to add Cues, in.c's entire product line. Cues, Inc. is a r.=ufacturer of Sewer Television Inspection Equipment. Th-.;se types of equipment are considered Public Utility 'Vehicles and fits within the scope of our Contract. The Cues equipment is used for the inspection and diagnosis of conditions which exist inutility lines, water lines and storm sewer lines. I am attaching a Commitment Letter from Cries showing their interest in being added to our contract and their commitment to the success of our relationship with NJPA. I am also attaching a current list price for the Cues Product Line. At this time, Cues, Inc. does hold an HGAC contract on which they are offering a 10% discount from their list price. we would like to offer the same discount to the NJPA. This would consist of a 10% discount on the base unit prices from the latest published Cues Price List. I believe because the NJPA contract is a ceiling based contract that your members will ultimately see 'larger discounts than that offered thru the HGAC/Cues Contract. There will be no discount on items that are not manufactured by Cues themselves, ie: chassis, box bodies, etc. I propose that the contract administration fee should be 1 % of the Purchase Order price for Cues Products. we will be receiving profit for only the body portion of the sale. The fee of 1 % would be collected on both the body and the components that are not manufactured by Cues. This 1 % fee is exactly as the other manufacturers on our contract are charged.. Atlantic Machinery will be solely responsible for the collection and payment of this fee to the NJPA. Page l of 2 Cues and Atlantic Machinery, Inc recognize the mutual benefit of having this product line added to an NJPA contract. We believe that your members will have a great need for the products we are offering and will receive a much lower price than can be obtained in the regular bid process. we appreciate the benefit of the many educational classes, advertising and vetted bid to increase our sales and customer base and are committed to participate in and promote the Contract. Thank you for your consideration Sincerely, ATLAN'11C MACHINERY, INC, M. J, DuBois National Sales Manager Page 2 of 2 TAB 2 INDUSTRY -MARKETPLACE SUCCESSES 9) List and document recent industry awards and recognition. Industry Awards and Recognition: Atlantic Machinery, Inc. Manufacturer's Dealership Awards: Vac -Con, Inc. Top 5 Dealers - 20 Years Individual Salesperson Awards - 20 Years ENZ USA, Inc Top 5 Dealer - 6 Years Schwarze Industries # 1 Dealer - 5 Years Top 5 Dealers - 10 Years Individual Salesperson Awards - 10 Years Cues, Inc. # 1 Dealer - 2 Years Individual Salesperson Awards - 2 Years Industry Awards and recognition: Vac -Con, Inc. Jacksonville Lean Consortium - 2009 Most Improved Journey Award For expanding Lean into all areas of operations and taking on a major Green Project of water conservation Excellence in Manufacturing - 2008 Manufacturer of the Year Nominee, First Coast Manufacturers Association (See attached award and recognition certificates) Industry Awards and recognition: Schwarze Industries, inc. Schwarze Industries, Inc. has received several industry awards for our sponsorship "American Sweeper Magazine" as well as several additional awards for advertising from "Government Product News", "Stormwater" and "Better Roads Magazines". 16 TAB 1: COMPANY INFORMATION 1) Comyany Information: Atlantic Machinery, Inc. 2702 Garfield Avenue Silver Spring, Maryland 20910 301-585-0800 301-585-7681 Fax 2) Primary Contact: M.J. DuBois, National Sales Manager 2702 Garfield Avenue Silver Spring, Maryland 20910 3 01-5 85-0800 301-585-7681 Fax 301-370-5536 Cell 3) History and Philosophy: www.atlanticmachl*neryinc.com Federal ID Number: 52-1190648 DUNS Number: 05-736-7484 mjdubois@atlanticmachineryinc.com Atlantic Machinery, Inc. was founded in 1980 to provide a highly specialized sales and service capability for the sewer and street cleaning industry. The company's goal has always been to achieve its success through providing superior equipment and backing it with exemplary service and parts support. Throughout its 29 year history, Atlantic Machinery has maintained its focus as a specialist in sewer and street equipment. While sales initially were mostly municipal and contractor based, they are today almost equally divided between municipal/nor profit/contractor and Federal/Military. The dealership's original territory was Maryland, Virginia, and Washington D.C. As the company grew, the states of Delaware and West Virginia were added. The 1990's success in providing significant quantities of equipment to local Federal and Military installations, led to Atlantic Machinery obtaining General Services Administration (GSA) and Department of Defense (DSC-P) contracts for several manufacturers within the sewer and street cleaning industry. As a result of these contracts, the company has delivered equipment throughout the world for over 10 years. Atlantic Machinery, Inc. has been a dealer representing Vac -Con, Inc. since 1988. Due to the successes that Atlantic Machinery has had in the representation of the Vac -Con product line both nationally and internationally, Vac -Con has asked Atlantic Machinery, Inc to represent them in the proposed NJPA Contract. Atlantic Machinery, Inc. has been a dealer representing Schwarze Industries, Inc. since 1999, Due to the successes that Atlantic Machinery has had in the representation of the Schwarze product line both nationally and internationally, Schwarze has asked Atlantic Machinery, Inc. to represent them in the proposed NJPA Contract. ENZ USA, Inc. has also requested Atlantic Machinery represent them nationally in this proposed NJPA Contract. Atlantic Machinery has represented ENZ products since 1998 locally, nationally and internationally. (See attached manufactured letters) TAB 1: COMPANY INFORMATION 4) Key Perso_nn_e_l, Mary -Julia 11M.111 DuBois National Sales Manager Ms. DuBois was hired as an Office Manager at Atlantic Machinery, Inc in 1991. She has progressed in the company to the position of National Sales Manager. She manages the sales of all equipment to all Federal and Military installations. Atlantic Machinery, Inc. has been awarded and still maintains the General Services Administration (GSA) and the Department of Defense Multiple Award Schedules for several manufacturers within the Liquid waste Industry. Ms. DuBois initiated and was instrumental in obtaining these contract awards and has been the Contract Administrator for those contracts since their inception. She plans and coordinates the company's exhibits at all Federal and military trade shows. Under her management the GSA/DoD sales have grown approximately 35% annually. The manufacturer's that Atlantic Machinery, Inc. represents have recognized her accomplishments and given her multiple awards over her many years of representation. Trevor Gardner, Jr. President Mr. Gardner has been in the equipment business since 1973 and founded Atlantic Machinery, Inc. in 1980 to provide highly specialized sales and service to the sewer and street equipment industry. Mr. Gardner has always served as President and has provided the guidance, administration and capitalization for the company since its inception. Mr. Gardner received his Bachelor of Science Degree in Business Administration from American University in 1966. Ile is an active member of both the local and national chapters of the American Public 'Works Association as well as the Silver Spring Maryland Chamber of Commerce. Trevor Gardner, III Vice President/Sales Manager Mr. Gardner III joined Atlantic Machinery in 1990 after graduating from Lynchburg College with a Bachelors Degree in Business Administration. He was hired to work in the parts department. He became parts manager in 1993. By 1996, he had become a salesman and in 2000 he became Sales Manager. Mr. Gardner was named Vice President in 2008. Mr. Gardner, III manages all of the municipal/contractor sales personnel. 2 TAB 1: COMPANY INFORMATION 5) How long has your company been in the PUBLIC UTILITY AND/OR SERVICES, APPARATUS, EQUIPMENT AND/OR ACCESSORIES, industry? Length in Business Atlantic Machinery, Inc. was established in 1980 and has been in the public utilities and/or services, apparatus, equipment and/or accessories business since then. Atlantic Machinery, Inc. is a bonded, licensed and insured Motor Vehicle Dealer (see attached samples of licenses held). 6) Is your organization best described as a manufacturer or a distributor/dealer/re-seller for a manufacturer of the products and services being proposed? Atlantic Machinery, Inc. is the only authorized dealer for the NJPA proposed contract. We will exclusively represent the manufacturers proposed for this contract. Please see the attached authorization for the proposed manufacturers attached. 7) For public companies, provide your most recent annual report to shareholders. Public Company Annual deport r r.• a +V ■ Company r..r� r• .. r i.. � Atlantic Machinery, Inc. is a privately held corporation therefore there is no annual report. 8) For private companies, provide your most recent yearend financial statements, your bond rating, and/or a credit reference from your bark, Financial Statement The most recent year end financial statement and credit reference from our bank is provided (see attached documents). 9� TAB 3: PROPOSER'S ABILITY TO SELL AND SERVICE NATIONWIDE 13) Sales Force Description: Atlantic Machinery, Inc. Atlantic Machinery's sales force consists of two full time sales managers and five sales representatives. Each of the sales person's concentration is on different geographic areas. The sales manager is responsible for the overseeing of all the sales staff and also has the Washington DC regional sales responsibility. The National Sales Manager is responsible for all National Contract administration and sales both nationally and internationally. Outside sales people have territories within the local dealership's Maryland, Delaware, Virginia, DC and West Virginia region. There is an in-house Parts Manager- who is responsible for the support of the machines sold worldwide, as well as, within our local territory. Atlantic Machinery also employs support staff for the sales department and has support staff in the service department. Within the realm of Federal Sales, the National Sales Manager acts as the "quarterback" for all of the contractual administrative responsibilities and direct sales for the federal contracts. Federal Sales, after awarded, are then distributed within the national dealer network for delivery, training, service, and parts support. This system gives a single point of contact for the administration, ordering and follow up of all the federal sales. This gives the customer (end user) the security of local support for their equipment and a direct "single contact" for orders, parts and problems. This system has been in place for over 10 years and has proven to be successful. It is proposed that this same procedure would apply to the NJPA contract. Atlantic Machinery specializes in sewer and street cleaning equipment; Vac -Con and Schwarze Industries are our largest product lines in terms of number of units sold and dollar volume. Our sales force is focused on these product lines and will advertise the NJPA if a contract is awarded. 13) Sales Force Description: Vac -Coin, Inc. The Vac -Con sales force is comprised of three traveling regional sales managers, broken down into three geographic regions and bases of operation: West (Seattle), Mid -West (Indianapolis) and South (Florida). The East is handled internally from the home office. The traveling sales staff is also supported by two traveling sales technicians, responsible for assisting with the demonstration of new products. In addition, Vac -Con employs a traveling product manager responsible for the Industrial and Hydro -excavation products. All of these people are employed by Vac -Con, Inc., and are supported by a staff of seven inside sales managers, assistants, coordinators and executives. Vac-Con's dealers (35 dealers within the U.S., and more than 60 international representatives) employ from two to eight sales people, who actively call on prospective clients in their areas of responsibility. These salespeople are not employed by Vac -Con, Inc. As mentioned previously, Vac -Con and its dealers are highly specialized, so the sales force is focused almost exclusively on the products represented in the RFP. 13) Sales Force Description: ENZ USA, Inc. ENZ USA Inc. has professional office staff and Sales Representatives that cover North America. These Sales Representatives are on call to serve their Dealers and customers in all 50 US states and Canada. 13) Sales Force Description ; Schwarze Industries, Inc. The Schwarze Industries sales force is comprised of a Director of Sales & Marketing (National Sales Manager) one assistant to the Director, five Regional Sales Managers broken down into geographic regions, one Product Manager and one Demonstration Specialist. Schwarze Industries also employs "In House" small product sales personnel that consist of one National Sales Manager, one Product Manager and five Sales Representatives. Schwarze Industries' dealers (42 dealers within the U.S and more than 14 international representatives) employ from two to eight sales people, who actively call on prospective clients in their areas of responsibility. These sales people are not employed by Schwarze Industries. 39 TAB 3: PROPOSER'S ABILITY TO SELL AND SERVICE 14) Please describe your service force in terms of' umbers, geographic dispersion, and the proportion of their attention focused on the sale of the products/services contemplated in RFP? a) Are these individuals your employees, or are they employees of a third party? Service Force Description: Atlantic Machinery, Inc. Atlantic Machinery's service force consists of a Service Manager, two full time service technicians, Parts Manager and support staff. The Service Manager handles the supervision of each service employee, as well as, warranty issues for our local customers and provides phone diagnosis/consultation for our national and international end users. The Parts Manager's responsibility consists of maintaining over $500,000.00 in parts inventory to support our sold equipment, and supervision of the support staff. Both the Service Manager and Parts Manager work with our overseas customers in extended diagnosis issues and parts shipping to international locations. Atlantic Machinery has over 200 machines in operations at military installations around the world. Service Force Description: Vac -Con, Inc. The Vac -Con service force is comprised of a service director, national service manager, three technical service managers and a product improvement manager, all employed by Vac -Con, Inc. These employees travel as required to assist in resolving technical problems and to provide service training to the dealers in all regions. Van -Con, Inc. also maintains a service center at the home office to assist dealers with service issues and complete restoration of used equipment. Each Vac -Con dealer/distributor is required to provide warranty parts and service support in each area of responsibility as prescribed by Vac -Con, Inc. The dealers employ from two to five service technicians, and maintain, at least on service facility, to service their customers. Again, because of the specialized nature of Vac -Con and its dealers, the service personnel are focused almost exclusively on the products represented in this RFP. Vac -Con maintains 35 dealers within the U.S. and more than 60 international representatives servicing local customers in their individual territories. This enables service coverage around the world. Service Force Description: ENZ, Inc. ENZ USA maintains more than 50 dealers within the U.S. and Canada. ENZ has international representation serving customers throughout the world. Service Force Description: Schwarze Industries, Inc. Schwarze Industries, Inc has an internal team dedicated to the success of their products sold both through our dealer network as well as our sold thru the direct sales force This team includes three Service/Warranty Technicians that assist the customer both internally and if required, travel extensively worldwide in support of their products as challenges develop. Schwarze also maintains over 20 servicing dealers that all have services locations spread within their perspective territories. ,O TAB 3 - PROPOSER'S ABILITY TO SELL AND SERVICE NATIONWIDE 15) Describe in detail your customer service program regarding process and procedure. Please include, where appropriate, response time commitments. Customer Service Program: Atlantic Machinery. Inc. Atlantic Machinery's business has been successful for many years because of our customer service. Our concentration is to provide superior customer service to gain the trust of our customers, in order to have repeat business not j ust an initial sale. Our Sales Department, Service Department and Parts Department have received awards from the manufacturers we represent for superior customer service. We will maintain this standard to NJPA customers. Our expectation is to support all sales, warranty issues and parts concerns as the "quarterback" for this contract. We intend to receive the initial contact for support, then pass on the request to either the local dealer, the manufacturer or handle the call ourselves. We will then follow up with the dealer/manufacturer and customer to make sure any issue has been resolved. We have been able to provide this assistance worldwide for our current customers. After receiving an initial contact from a customer, we will respond within 48 working hours. Within that time frame, we will let the customer know how their issue will be handled; provide the appropriate means for resolution, and an expected time frame for resolution. We will provide warranty support in this fashion as well. Atlantic Machinery will then contact the customer to make sure that the issue has been addressed within 48 hours of the expected resolution. 16) Identify any geographic areas or NJPA market segments of the United States you will NOT be serving through the proposed cuntract. Geo ra hic Areas Not Serviced Under This Contract We do not expect that there will be any geographical segments that will not be serviced under this contract. We currently handle these products worldwide. 17) Identify any of NJPA Member segments you will NOT be serving? (Government, f;ducation, Non-profit) NJPA Members Not Serviced Tinder This Contract We do not expect that there will be any NJPA members that will not be serviced under this contract. We currently serve Federal, State and local governments as well as non-profit agencies. 41 TAB 4: MARKETING PLAN 18) Describe your training program for both greet -the -public and sales management levels relating to a NJPA award. Atlantic Machinery, Inc. proposes to train all of the dealer sales force and manufacturer sales force for all of the manufacturers represented. This will be accomplished both thru one on one meetings and by group sales meetings. Atlantic Machinery, Inc. has been training all of these dealerships and manufacturers for many years in the sales and marketing of the Federal Contracts held by Atlantic Machinery. We have been exceptionally successful in meeting the needs of all of the Federal Customers due to this educational process. We will propose to greet -the -public in the same manner in which we represent the Federal Contracts. This will be accomplished as a routine that has been in practice for over 20 years. The greet the public training consists of the education of both the sales person as well as the customer. We will be able to educate and train all involved for successful transactions on the proposed NJPA contract as actively demonstrated in the Federal Sales Awards. 19) Describe your general marketing program strategy to promote the proposed contract nationally: Atlantic Machinery's general marketing strategy encompasses many venues. Overall, our products and services are specific to the liquid waste industry. Due to our industry specialization, we have found trade publications, trade shows and word of mouth to be* our most successful advertising. We are currently marketing our products nationally to the same participants that the NJPA looks to attract as members. We believe that Atlantic Machinery's participation in this proposed contract will add to your existing membership. It is our intention to add signage, as a NJPA contract holder, to our exhibits at trade shows both locally and nationally. We will promote the NJPA contract in dealer meetings through presentations to all participating dealerships for any products contained under this contract. We will maintain our extensive advertising and include any NJPA contract awarded to it. It is our belief that our success with this contact will be the product of our efforts in promoting its existence (see "Marketing Strategy for the NJPA" contract below for more detail). Go To Market Process and Strategy: Atlantic Machinery, Inc. is a premier dealership for the Schwarze Industries, ENZ USA and Vac -Con lines of equipment. Atlantic Machinery holds all of the Federal Government contracts for these product lines. This allows the Vac -Con, ENZ and Schwarze product lines to be represented locally and federally worldwide. Vac -Con, Inc. was established in 1986, and has sold more than 5,500 machines. Approximately 80% of those machines have been sold to municipal authorities, including federal, state, county, city and local governments. In addition to that, many machines have been sold to public utilities, public -private partnerships and other fee -based not -for - profit groups. Most importantly, this is all that Vac -Con does, essentially a single focus - truck mounted vacuum equipment to service underground infrastructure. 42 Vac -Con distributes exclusively through a nationwide network of 35 dealers, virtually all of which are "government houses", meaning that they specialize in equipment purchased by government entities. In addition to Vac -Con products, most of the dealers represent typical municipal equipment related to the sewer and catch basin cleaning segment, such as street sweepers, trailer -mounted sewer jets, and related tools and accessories, but the Vac -Con product is the primary product represented by these dealers. There are representative dealers in virtually every major population center, with some dealers covering more than one state and some having more than one location. The Vac -Con strategy is to continually train the dealer sales and service personnel to maintain a high standard of performance and customer satisfaction. In addition to that training, Vac -Con offers annual extensive local service training for end user personnel to ensure that entities operating this equipment are familiar with the operation, repair and maintenance. Vac - Con trains approximately 1500 students per year from an end user base. The primary market strategy is to provide superior performance at a competitive price, followed by superior customer service. Over thirty years ago, the founder of Schwarze Industries, Bob Schwarze, was a sweeping contractor. Because he wasn't able to find a sweeper design that truly met his needs, he built the company's first sweeper for his own use in cleaning parking areas. Within a decade, the combination of engineering craftsmanship, integrity, and strong customer services elevated Schwarze Industries to its position as the largest manufacturer of parking area sweepers in the United States. Due to the excellent reputation of its sweepers, Schwarze Industries is fast becoming one of the world's leading manufacturers of road sweepers as well. The Schwarze family credited its success with building innovative, simple -to -operate sweepers and backing them with good old-fashioned attention to detail and customer support. In 2000, Schwarze Industries, Inc. was purchased by the Alamo Group (stock sign SLG), a publically-traded company whose various lines of commercial mowers are world- renowned for ruggedness and dependability. That means they can now additionally offer the financial strength and stability of a public company. All Schwarze sweepers are proudly built in Huntsville, Alabama. Schwarze Industries sweepers are in use throughout North America and over 35 countries around the world. Schwarze Industries distributes their "large" sweeper products exclusively through a worldwide dealer network, most of which are "government houses" specializing in equipment purchased by government entities. Atlantic Machinery, Vac -Con, Schwarze and ENZ USA are exhibitors in many industry trade shows to include but not limited to: • The National American Public Works Association - Geared towards the municipal public works industry • Local American Public Works Association - 20 or more individual trade shows geared toward the local area municipal public works municipalities • WEFTEC - Water Environment Federation's Annual Technical Exhibition and Conference 43 • Pumper & Cleaner Show - Geared toward the national arena of liquid waste customer base • Fed Fleet - Geared toward international Federal Government Fleet Vehicle Managers • Canadian Public Works Association - Municipal Canadian public works industry • Various other local trade shows geared toward the liquid waste industry Atlantic Machinery intends to market the NJPA Contract through the 35 Vac -Con, 40+ Schwarze dealers and 50 ENZ USA dealers within the United States, and more than 60 representatives around the world. This will provide local sales, service, training and parts nationwide while providing national management of the contract. TAB 4: MARKETING PLAN 20) Describe your marketing material, and overall marketing ability, relating to promoting this type of partnership and contract opportunity. Vac -Con, Schwarze and ENZ advertise extensively in trade publications identified with the specific industry it targets, such as Cole Publishing (Cleaner Magazine, Pumper Magazine), as well as, advertising in government specific national media, (Government Product News, Municipal Sewer and Water, American City & County). All of these media will serve well to advertise Atlantic Machinery's participation in the NJPA contract. In addition to advertising on its own, in the above mentioned media and others, Vac -Con. Schwarze and ENZ USA assist their dealers (Atlantic Machinery included) with cooperative programs in advertising at the local level. Atlantic Machinery, ENZ USA, Schwarze and Vac -Con also participate in national trade shows, where this contract can be promoted as well. Although Vac -Con, Schwarze and ENZ USA produces extensive printed collateral in the form of brochures and flyers, it is no secret that the trend is away from distributing printed material, and the electronic networks are growing rapidly. The Atlantic Machinery, Schwarze, ENZ and Vac -Can strategy is to use its Printed advertising primarily to direct the potential customers to web sites and social networks, where they can get detailed information about our products, exclusive features, marketing initiatives and industry news. It is our intent to promote the NJPA contract extensively in these media (see attached advertising examples). 21) Describe your use of technology and the internet to provide marketing and product awareness. In addition to the preceding mentioned information, Atlantic Machinery intends to initiate a web site dedicated to the proposed NJPA contract. This site will encompass available products, descriptions, ordering data, membership information and more. This will enable access to all NJPA members as well and entice new memberships. Atlantic Machinery has participated in similar campaigns available internationally via a web site that is provided by the General Services Administration (GSA). We will ask Vacs -Con, Schwarze and ENZ USA to add the proposed site URL to their printed media campaigns, web site and trade show exhibits. Atlantic Machinery, Inc. will promote the proposed site URL at trade shows, existing web site and thru our entire sales force including all participating dealers. 22) Describe your perception of NJPA's role in marketing the partnership and your products/services. We believe that -the NJPA should self -promote to add credibility to our suggested advertising projects. Your website should continue to identify the details and advantages of the contract, and membership. NJPA should publish our proposed site URL in any printed media applications, as well as, your existing web site. We will seek NJPA staff to assist in educating our sales force as outlined above by either web conference or by presence at our National Sales Meetings. 45 TAB 4: MARKETING PLAN 23) Unique Qualities As stated previously in the Customer Service Program, Atlantic Machinery's unique quality consists of our superior customer service that enables us to obtain repeat business and the ability to maintain this quality worldwide. For twenty-nine years, we have been dedicated to long term customer satisfaction. Because we have an outstanding reputation within this industry due to our experience and product knowledge, we are sought out by manufacturers to represent their product lines. Atlantic Machinery has the unique opportunity to choose the products that it represents. We look for quality in manufacturing, exemplary performance, as well as, superior support after the sale. In this respect, we believe we represent the best of the industry, and therefore can present the NJPA with the best available products in this market. Vac -Can, Inc. started out with the philosophy that it would provide superior performance, ease of maintenance, ease of operation and a customer -first attitude. Twenty-three years later, this philosophy prevails. Vac -Con has a reputation for being the innovator in the market, and responding to its customers' ideas to develop new products and features. Vac -Con has introduced exclusive features, and created industry standards in quality and performance to include: modular construction, the use of Corten _ steel, three -stage centrifugal compressor, 270 degree rotating and 10' telescoping boom assembly, hydrostatic drive systems, cross -linked polyethylene water tanks, true high dump system, 180 degree articulating hose reel, and the latest exclusive Vac -Con feature, the Omnibus _ multiplex control system. These features are backed in some cases by standard extended warranties. It is for this reason that Vac -Con, Inc. is confident in representing the merits of its own products, rather than comparing itself to its competitors, and feels justified in stating that these products will enhance the NJPA. contract. For 30 years, through innovative designs, ENZ has assisted the sewer and pipe cleaning industry, around the world, remain on the forefront of new and creative technologies. This ensures superior duality and gives the customer, a product that is efficient and durable. ENZ will accept any new challenges to help keep their customers on the forefront of the newest techniques available. Our product knowledge and superior dealer network assures your success when considering the right tools for any application. Schwarze Industries is known worldwide for providing quality products with more power when compared to our competitors. This power is generated from our industry leading Whisper Wheel Fan System (patented), Angled Blast Orifice Suction Head, and Can Bus Control System just to name a few. Schwarze continues to develop our products through close contact with both the dealer network and end users to allow them to continue to be the leader in sweeping and patching technology. TAB 5: VALUE ADDED ATTRIBUTES 24) Describe any training programs available as options for members. Training Programs Available Our belief is that a well trained customer is an asset. If a customer is well informed on the operation and maintenance of the equipment, the equipment will perform better and be less costly to operate and maintain. This, in turn, makes a satisfied customer which is imperative for repeat business. A wide variety of training programs are available. Training is provided with the delivery of any mechanical product when delivered within the contiguous U.S. This training consists of operator and maintenance programs. This is free of charge when a truck is purchased. This training is provided by factory trained representatives either employed by the factory or provided thru the local dealer. Vac -con offers "After the initial installation" programs such as service and safety schools. These programs, in the last year alone, provided additional training to over 1500 participants. These programs were provided at a nominal expense to the customer (approximately $250.00 per person). Last year, these programs were held in three regional locations around the U.S. and three programs were held at the Vac -Con factory near Jacksonville Florida. By customer request, we will provide service and safety schools at the customer's location. The fees for this service will be determined on an individual case basis (determined by travel expenses required). Each local dealer will also provide training at any of the 35 U.S. locations. Schwarze Industries Training programs offer an extensive in house training opportunity for both the operators and service staff. We also offer with every delivery, an on -site training with the operators and service personnel. This on --site training is included in the purchase price of each unit. The. "in-house" Schwarze training programs are $ l 50.00 per person for the 2-3 days course. See course 1 i sting attached. ENZ USA Inc. has professional office staff and Sales Representatives that cover North America. These Sales Representatives are on call to serve their Dealers and customers in all 50 US states and Canada. We are prepared to survey problems, provide training and demonstrate how to properly use ENZ tools at the customer location. ENZ also has a network of distributors in 50 countries for comprehensive service thru out the world and are educated to properly train our customers in the safe and proper use of each tool. 25) Describe technological advances your proposal products/services offer. Technological Advances Our manufacturers provide an extensive list of features and options that represent the latest technology in the liquid waste field. These include larger hydrostatic drive systems, multiplex operating systems, automatic lubrication systems, on -board scales, and many others. We are currently working on a system of satellite remote diagnostics. We have many advances in our products that are not available on any other manufacturer's equipment. Schwarze Industries, Inca continues to develop new ideas and technology for the sweeper and patcher industry. Over the past few years, Schwarze has brought to the market a new patented 65 dustless .regenerative air technology with the Model D.XR sweeper as well as the new CanBus :control system for the dadpatcher and 6000 models. As for new projects that are in the works, ch are is restricted from tallying about these prejects due to their public company, status and the effect this information could have on their stock pricing. All ENZ tools are specifically calibrated to the customer's grater jetting systems- Gallons per minute (G.P.M.), Pressure (PSI) and hose (I.D. I ", 31 "'.... and 'length ofhose). No ENZ nozzle is shipped without these facts. ENZ tools are guaranteed to clean in the applications they are designed for. Thereby, offering the customer a too] built for them and their specific application. NZ tools are made with hardened steel, and utilize replaceable jets that are ceramic lined. The ceramic jets are guaranteed for 5 years against wear, 6 Descr*be your "Green" program as it relates to your company, your products/services, and. your recycling program, Green Program 0 0 3' Our manufacturers are always looking for ways to make the operations and products more environmentally friendly. The' ac-Con facility in Florida has been involved, #or the last decade, in lean manufacturing; and continuous improvement initiatives. These initiatives help to improve the efficiency of manufacturing and the products, *which also serve to improve the "'Green.*"'*, footprint. For example, each machine is tested for proffer operation lefere leaving the manufacturing plant. A state of the art test stand has been created to recycle and store the water used in this testing process. This. not only reduces the amount of fresh waterrequired, but reduces .the amount of "used" water being introduced into the environment. The paint facility uses the latest down -draft spay booth technology to e ectively filter and capture the paint solids. The plasma and laser cutting equipment used in fabrication has the latest and most effective filtration systems to eliminate smoke pollution. In the office, Vac -Con has nearly completed a document imaging project, in which allengineeringof the paper sales, service and riles for 550machines hover 15,000 files and millions of sheets of paper) have been electronically scanned, entered into a 40 single comprehensive central nle, then the paper has been shredded and recycled. tiding forward, they will no longer be generating paper les. These initiatives carry over to 'at - on's products Most recently, a new hydrostatic systern reduces the operating RP.M of the equipment, thereby reducing fuel use (conservation), noisy levels (operator & co mu it safety) and exhaust emissions (clean air). The added efficiency of this system also reduces time on the Job, with the safe net effects. The new Omn i.bus - Control 6 System also helps manage the machine operation, improving efficiency, production and saves time. Vac -Con also continues to introduce and improve features that help reduce weight, which impacts the highway infrastructure. Vac -Con actively promotes the idea of using less water on the job. Where many other systems may be as high as 120 GPM, Vac -Con offers a water system which uses 50 GPM @ 3000 PSI, and is effective for most sanitary sewer applications. This Vac -Con system capitalizes on the idea that pressure cleans and volume moves the material. Testing has proved that 50 GPM is just as effective as 80 GPM in moving material in an 8" pipe. This system provides a water savings of approximately 40%. When used by the customers, the 50 GPM system will reduce the fresh water usage, as well as, reducing the amount *of "used" water being introduced into the environment. Schwarze Industries, Inc. is committed to the green movement and their products reflect their progress. The Schwarze DXR dustless regenerative air sweeper utilizes the most aggressive technology with reference to dustless/waterless sweepers in the world. This process allows Schwarze to use no water for dust control while still maintaining the industry leading pickup efficiency. With the utilization of no water, they eliminate the usage of 1200-1800 gallons of clean drinking water that would normally be utilized for dust control by regular sweepers daily. Schwarze's manufacturing process and their commitment to green continues to progress. Schwarze now captures, and re -uses all of the test water used for their quality control process in testing their equipment. EN'Z uses replaceable jets that are ceramic lined in their nozzles. This eliminates waste by allowing the customer to replace the wear components in their nozzles and not to discard the nozzle itself. In most ether liquid waste nozzles; there is no way to replace the nozzle jets making them a "throw -away" item. 27) Describe any Women or Minority Business Entity (WMBE) or Small Business Entity (SBE) accreditations of your organization directly involved in a Contract resulting from this RFP. WBE/MBE and SBE Participation! Atlantic Machinery, Inc. is a small business enterprise. With the proposed contract, Atlantic Machinery, Inc. will utilize local dealers as sub -contractors. Most of the local dealers that will be involved in this process are SBE, MBE, WMBE or Veteran owned businesses. The actual participation of each will be dictated by the customer's delivery area. That actual percentage of SBE, MBE, WMBE or Veteran owned business information will be provided to the customer prior to the order being placed. 28) Identify any other value added attributes. Other Value Added Attributes - Vac -Con, Inc. Sri Corten Steel Body- While the industry standard is mild steel or exten steel, Vac -Con uses "corten". It is the most abrasion and corrosion resistant steel makeable. when not painted, it develops a "rusty" coating which actually protects it. Corten is used very often in bridge construction, as it will require no maintenance. Positive Seal Vacuum Breaker- Vac -Con introduced the positive seal vacuum breaker in 1991. When Debri's the body is full, a switch actuates the vacuum breaker sealing off the suction system. This not only keeps you from overfilling, but it protects the suction unit and the atmosphere. The industry standard is simply a float with an arrow on the outside for the operator to watch. Hydrostatic Drive- Vac -Con introduced hydrostatic drive of the suction system in 1992. This feature provides a highly efficient fluid drive without any modifications or alterations to the chassis. The industry standard, even today, is a transfer case mounted in the driveline which results in excessive transmission wear. Inspector Cam- Vac -Con was the first company to offer a camera system for pipe inspection propelled by the jet nozzle. This allows cleaning and inspection simultaneously. The industry norm is jetting only. Articulating Hose Reel- This feature allows the jet hose reel to be articulated about the front of the chassis so that it can be aimed directly at the manhole regardless of the chassis position. This allows the operator to work anywhere within a 180 degree are. It also allows the reel to extend 3.5 feet beyond the width of the chassis to facilitate the cleaning of catch basins or cleaning along medians. This reel is equipped with an outrigger support leg which stabilizes the reel and protects the frame and suspension from any damage. The industry standard is a fixed reel mounted parallel to the front bumper. 10' Telescoping Boom — 8 inch Dia- In 1997 Vac -Con introduces the industry's longest telescoping suction boom. This unit has 2 telescoping sections of suction pipe which extends 10 feet in length and can reach over 25 feet from the center of rotation. Even today this is still the industry" s longest boom. This boom can also rotate up to 270 degrees. The industry standard boom does not telescope and can rotate only 120 degrees. 10 inch Dia Suction boom- In 2009 Vac -Con introduced a 2 inch larger diameter suction boom for customers who need to be able to load larger- objects without having to worry about stopping up the boom. In all other respects, this boom is like the above 10 inch Boom, no other manufacturer offers this feature. Exhaust Silencer- Vac -Con offers a silencer for the centrifugal vacuum system which significantly reduces noise levels. This makes it friendlier and "greener". This feature is not offered by other manufacturers. Polyethylene Water Tanks- Vac -Con introduced polyethylene water tanks in 1986 and continues to use them today. These tanks are light weight, provide a very low center of gravity and come standard with a 10 year warranty. The industry standard is coated mild steel tanks mounted much higher on the unit making a higher center of gravity. / 'J Auxiliary Engine Water Pump Drive- Vac -Con offers auxiliary engine water pump drive as this provides quiet jetting operation and better fuel efficiency than the industry standard. Another feature of this system is that it enables the use of a smaller chassis engine which reduces chassis cost and increases fuel mileage. No other manufacturer offers this and the industry standard is for all systems to be powered by a single chassis engine. High Dump- This feature enables the Vac -Con to dump into a standard roll off container. The body moves back and up via a parallelogram hydraulic design. When retracted or lowered the body is in the standard height position, so the center of gravity remains very low. Omnibus Control System Option- Introduced in 2009 the Omnibus control system applies Controller Area Network (CAN) technology to all Vac -Con operations. All machine functions are controlled by a central controller which substantially reduces the complexity of the hydraulic and electrical systems. A typical Omnibus equipped Vac -Con will have 5300 fewer feet of wiring and 124 fewer wiring connections. A front reel mounted monitor displays information on all hydraulic, electric, water, tile and lighting systems. No other manufacturer offers such an advanced control system. Other Value Added Attributes - Schwarze Industries, Inc. Schwarze offers many value added options including the largest hopper capacities, various steel offerings (carbon or 304 series stainless steel), thicker steel when compared to the competition, gutter broom extension override systems, whisper wheel fan system (patented), hand hose attachments, etc. 'These options are too many to list independently. 29) Identify any service contract options included in the proposed price,, or offered as a proposed option, for the products or services being offered. At this time, we are not planning to offer any service contracts. Due to the extensive daily maintenance required for all of the equipment/supplies offered, it would be cost prohibitive and not practical. We do offer extended warranties based on the customer's individual needs. These warranties would be considered optional and would be priced based on the customer's requirements. These include but are not limited to: Extended base warranty extensions up to five years covering body and chassis components. 30) Identify your ability and willingness to service Canada specifically and internationally in general International and/or Canadian Service Availability Atlantic Machinery, Inc. is already servicing many international locations. We have provided many units overseas to numerous countries. Schwarze, Vac -Con and ENZ have participating dealerships around the world. At this time, there are four Vac -Con dealers servicing Canada. ENZ products are supported by 12 dealers in Canada. Schwarze Industries has 4 dealerships in Canada. We have extensive representation in Latin and South America, the Middle East, Egypt, the Far East, Europe and China. All ZIA of the manufacturers we propose to represent have been building and manufacturing equipment for distribution into foreign markets since their inception, are fully experienced in international business and employs distributors throughout the world to support the equipment. We are quite willing to service any overseas market. 31) Describe any unique distribution method employed in your proposal. Unique Distribution Method Atlantic Machinery has in place and maintains both a national and international distribution method. These methods already in place will ensure customer support and satisfaction with both the responsible single point of contact and benefit from local dealer representation in their areas. We will execute this method of distribution: The customer will contact Atlantic Machinery, M.J. DuBois, for initial information, contract questions, and ordering item/s*. *Most of the equipment that will be purchased on this proposed contract will be special order items. For any items that are not special order, Atlantic Machinery, Inc. will fill the order, ship the order to the customer, and invoice for the items to the customer. Atlantic Machinery will then notify the customer's local dealer to "in service" the item at the customer's location, train the customer on its use, operation and maintenance at the customer location, as well as, check for accuracy of the ordered item/s. Atlantic Machinery has a Dealer in Service Report required to be filled out by the local dealer and signed by the customer. Once that form has been returned and signed by the customer, the customer's warranty will be started. For items that are special order, Atlantic Machinery will contact the manufacturer and order the item/s as required by the customer. The manufacturer will ship out the item/s to Atlantic Machinery or the local dealer. Atlantic Machinery or the local dealer will check the shipped item/s for order accuracy, inspect the item/s and contact the customer to make delivery. At delivery, Atlantic Machinery or the local dealer will "in service" the items at the customer location, train the customer on its use, operation and maintenance at the customer location. A Dealer in Service Report will be filled out by the local dealer and signed by the customer. Once that form is returned and signed by the customer, the customer's warranty will be started. This system allows for several quality control check points, order accuracy and introduce the local dealer to the customer. This local dealer contact is integral to the support of the equipment and customer satisfaction. The local dealer will provide warranty service, parts support and technical support directly to the customer. If at.any time, further assistance is needed by the customer, the backup support and ultimate responsible party is and will be provided by Atlantic Machinery, 70 TAB 6: PAYMENT TERMS AND FINANCING OPTIONS 32) Payment Terms Atlantic Machinery's payment terms are net 30 days. The Certificate of Origin for truck mounted equipment will be transferred to the customer after receipt of payment in full. 33) Leasing and Financing Options: We do have municipal and non-profit leasing available thru a third party vendor if there is a customer interest. We are not quoting rates or terms for leasing, however it should be known to customers that we have this service available to them. 34) Proposed Order Process: Sample ENZ product procurement form attached Sample Vac -Con product procurement form attached Sample ENZ product invoice attached Sample Vac -Con product invoice attached Sample Schwarze product invoice attached Order process and funds flow proposal: ENZ USA Products: 1) The customer will contact M.J. DuBois at Atlantic Machinery, either by email or phone to initiate a purchase or quotation. (This contact can also be accomplished thru the proposed web site for NJPA customers once established). 2) The customer will be sent the Quote/Order Form for ENZ USA products either electronically or by customer direction. (This can also be accomplished thru the proposed web site for NJPA customers once established). 3) Customer will provide the necessary information via Order Form for ordering or quotation. This information will be checked for order and price accuracy. We will provide the customer a confirmation of the order once a Purchase Order is received by Atlantic Machinery. (This can also be accomplished thru the proposed web site for NJPA customers once established). Then the local dealer will be notified of the order has been received. 4) Atlantic Machinery, Inc. will fill the order or order the product from ENZ USA. After the order is shipped, we will Invoice the customer based on the NJPA contract pricing. 5) Atlantic Machinery will notify the local dealer to contact the customer to ensure product satisfaction and set up training with the customer. 6) Customer will pay invoice the invoice to Atlantic Machinery within 30 days of 71 invoice. A check will be forwarded to the local dealer for compensation of the sale by Atlantic Machinery. A check will be forwarded to ENZ USA from Atlantic Machinery to pay for the product. Vac -Con Products: 1) The customer will contact M.J. DuBois at Atlantic Machinery, either by email, or phone to initiate a purchase or quotation. (This contact can also be accomplished thru the proposed web site for NJPA customers once established.). 2) The customer will be contacted by phone or email to initiate the Completion of the Vac -Con Order Form. It is suggested that the customer get direction on this process due to the complexity of the products offered. We have found that this is required in order for the customer to get accurate equipment to meet their specifications. We will provide the customer with a quotation and order form for their review to verify order and price accuracy. The customer will then provide a Purchase Order to Atlantic Machinery. Then the local dealer will be notified that the order has been received. 3) Atlantic Machinery will place the order with Vac -Con, Inc. Atlantic Machinery will coordinate with the customer and local dealer to determine the trucks delivery location. It is preferred that the truck be delivered to the local dealer for inspection of truck for order accuracy, operation of systems, and complete dealer service. If the customer would prefer the unit shipped direct to them, we can also dispatch the local dealer to the customer facility for inspection, operation and service. If the delivery is made to the local dealership, Atlantic Machinery will coordinate with the customer and local, dealership for installation of the unit to the customer (delivery and training). 4) Once the actual delivery to the customer has taken place, Atlantic Machinery will invoice the customer pursuant to the NJPA contract pricing. 5) The customer will pay Atlantic Machinery within 30 days of the invoice. A check will be forwarded to the local dealer from Atlantic Machinery for compensation of the sale. A check will be forwarded to Vac -Con from Atlantic Machinery for payment of the product. Schwarze Products: 1) The customer will contact M.J. DuBois at Atlantic Machinery, either by email, or phone to initiate a purchase or quotation. (This contact can also be accomplished thru the proposed web site for NJPA customers once established.). 2) The customer will be contacted by phone or email to initiate the Completion of the Schwarze Order Form. It is suggested that the customer get direction on this 72 process due to the complexity of the products offered. We have found that this is required in order for the customer to get accurate equipment to meet their specifications. We will provide the customer with a quotation and order form for their review to verify order and price accuracy. The customer will then provide a Purchase Order to Atlantic Machinery. Then the local dealer will be notified that the order has been received. 3) Atlantic Machinery will place the order with Schwarze. Atlantic Machinery will coordinate with the customer and local dealer to determine the trucks delivery location. It is preferred that the truck be delivered to the local dealer for inspection of truck for order accuracy, operation of systems, and complete dealer service. If the customer would prefer the unit shipped direct to them, we can also dispatch the local dealer to the customer facility for inspection, operation and service. If the delivery is made to the local dealership, Atlantic Machinery will coordinate with the customer and local dealership for installation of the unit to the customer (delivery and training). 4) Once the actual delivery to the customer has taken place, Atlantic Machinery will invoice the customer pursuant to the NJPA contract pricing. 5) The customer will pay Atlantic Machinery within 30 days of the invoice. A check will be forwarded to the local dealer from Atlantic Machinery for compensation of the sale. A chick will be forwarded to Schwarze from Atlantic Machinery for payment of the product. 73 TAB 7 - WARRANTY 35) Warranty Program Please see attached Warranty Certificates from the proposed manufacturers. Warranty will be pending the return of defective parts and or materials. If items are not returned, the customer will be responsible for all charges. 3 6) Warranty Coverage Warranty labor is covered under the conditions stated within the Warranty Certificates. In most cases all labor will be covered. 37) Warranty usage limits See attached warranty statements for coverage limitations. 38) Travel Time coverage under warranty Warranty coverage does not include travel time. The customer is responsible to bring in the equipment to a local dealer. The local dealer will then provide the parts and labor for warranty repair. If there is no local dealer available for repair, the manufacturers will typically pay the current warranty hourly rate to the customer for doing an "in-house" repair. Parts will be provided directly to the customer in these circumstances and will be evaluated on a case by case basis. 39) Limitations to warranty coves This item is covered in the Warranty Certificates provided. 40) Geographic warranty coverage not vrovided Most all of the United States is covered by local dealerships. We do not expect that there will be any geographic limitations to our coverage's. If one does occur and there is no local dealer available for warranty repair, the manufacturer will typically pay the current pay the customer the current warranty hourly rate to do an "in-house" repair. If the customer is unable to do the warranty repair, the manufacturer will send out a technician to the customer location to complete the repair. This will be evaluated on a case -by -case basis. Foam PROPOSER IN ORMTION Cony an Larne: Atlantic Machine.• Ing. Address: 2702 Garfield Ave Cit /State/ i : Silver Spring, D 20210 Phone: 301-585-0800 Fax: 301.0585-7681 Tail Free Nu giber: 800-423-8903 1�-mail: m'd bois alanticmachiner irac.c )m web site: www. tlanti ma,chj*ner yi � .c0,n Voids sometimes exist between management (those who respond to RFPs) and sales staff (those who contact NJPA Members) that result in communication problems. Due to this fact, provide the names of your key sales people, phone numbers, and geographic territories for which they are responsible COMPANY PERSONNEL CONTACTS C ntr gt Manager:- l i pu o14S Finail.: mid boist � atl'anticiiiiachi.nerr l nc,conl .Phone 301-585-0800 Name.- Trevor Gardner. Jr. Title: 'resident email: ti evor ;rardtier r atlaiiti.eii a.chincr i nc .con. Phone: 301-585-0800 a�n� mar, �n r, III �.Title: Vice President Frail: t ard.ner L). tlanticj-ag inetiric. c III Phone: 301-585-080 Name: Title: Email: Phone: Name: Title: Email: Phone: Name: Title: Emai 1: Phone Marne Title: Email: Phone Proposal Offering And Acceptance and Award RFP #011510 FORM D rtjJJLIU WILITV VEHICLES AND/OR SERVICES. APARATM EOUIPME NT AND/OR ACCESSPRiEi Proposal Offering ,„ o be comDleted Only by Proioser) In compliance with the Request -for proposal (RFP) for PUBLIC UTILITY VEHICLES ANTI/OR, SERVICES, APARATUS, EQUIPMENT AND/OR ACCESSPRIES, the undersigned warrants that I/we have examined this RFP and, being familiar with all of the instructions, terms and conditions, general specifications, expectations, technical specifications, service expectations and any special terms, do hereby offer and agree to furnish the defined products/services and services in compliance with all terms, conditions of this RFP, any applicable amendments of this RFP, and all Proposer's Response docrunentation. Proposer fiurther understands they are the sole offeror herein and that the performance of any subcontractors employed by the Proposer in fulfillment of this offer is the sole responsibility of the Proposer. Company Name: ATLMTIC MA ' Date: CHDWM INC . 3/31/ 10 = Company Address: 2628 GARFIELD AVE* City: SILVER SPRDG State: Contact Person: Authorized Signe- Zip: 20910 M.J. DUBOIS rate. : NATIONAL SALES MP - -- - - - r *► _�e printed or typed) Contract A_ E ccentance aad A�vaxd I'I'o be Gom»feted only by 1�JPAl -- r ■ e�l�as�r Your proposal offering is hereby accepted and awarded. As the awarded Proposer, you are now bound to provide the defined goods and services contained in your proposal offering according to all terms, conditions, and pricing set forth in this RFP, any amendments to this RFP, and the Proposer's Response. The term of the Contract shall commence on the date of this award and continue for four years AND which is subject to annual renewal at the option of both parties. National Jolnt Powers Allian A NJPA Authorized signat : 4�;,•r''v (Name printed or typed) Title: Executive Director NJPA Awarded this day of Contract Number #.031710 NJPA Title: Executed t,;8 a-p> any of T14_a_J"_ Page 42 of 47 Contract Number # Q31710 0 PO S L R ASS-L RA -N-1-C 1: OF C OM P ll,ij,�t-,N C Form E Proposal Affidavit Signature Page PROPOSER'S AFFIDAVIT rhe undersigned, representing the. Persons, l7irms; 1111(l core gyrations joining. in the submission of the. foreg ;oin# propt,').sal (such persons,finns and corporations hercinaller I-xing referred to as the "Troposer"".), being duly swom on hisAler oath, sliatc;s to the bust orbi 1. The undersigned certifies the Pr(r)P()ser is subtnitting, their proposal under their trite and cort-ect name, the Proposer has been properly originated and legally exisits in good standing in Its state of residence, that. the Proposer possesses, or will rc)sses prior to [lie del 1 very o I" any goods and services, till appi icabic licenses IICCC . ssmy lot- such delivery, and that they tire authorized to act on bchallof, and enctanber the "Propoiwir" in this (.7ontract, and 2, To the best of my knowledge, tit.) Proposer or Potential Prqx)ser, nor any plerson duly representing the same, hass directly or indirekoly entered into any agreetnew or arrangement with arty otlu:,r Propost - - e rss. Potential Propos any official or employee of the JPA, or any Person, firm or corporation tinder contract with the NJPA M O-n etTort to influence either the of laring or non-offiering or cervain prices, terins, and conditions relating to this Rt P W112C11 tends to. or does, less -en or destroy rree competition in the letting of tk- Contract sought for by this RFP. I V, and 3. The Projvscr or any person on hisMier behalf, has not agreed, connived Orl. colluded to produce a dcCCPtrj%"C SIjO%V of competition in the rn-anner of (lie prormsal or mard of the referenevd, contract, and 4. Neither 1, the Propowwr, nor, 4My officer, director, p"Kirtner, tnember or associate of the Propt)ser, nor any of its cipployees directly involved in obtaining contracts with the NVA or any stibdivision ot'thc NJ.I*"A. has been 11 it false pretenses. brlbet�y, attenIpted convicted ot fial-se pretenses, attempled false pretenses or conspiracy to commi bribery or conspiracy to bribe tinder the laws of any state or federal government flor acts or omissions after January 1, 1985, and 5. The Proposer has examined and understands the terms, conditions, scopc., contract opportunity. speci 1"icat tolls requcst and other docitments of this solicitation and that any and all exceptions have txsen noted in writing and have, beeli L 1.1-icluded, with the proposal stibinittal, and Proposer -ing mem of 6. 'if awarded a contract, the Cr will provide the prodjjCrt;s!.w- rviccs an rservices to quallifyi bem the NJPA in accordance with the• terms, condlitions, scope of this RIT. Proposer offered specifications and other documents of this solicitation, and 7, �'niv, undcorsigned, being familiar mAlth expectations and spewit'"icatiOns re treat outfined in this RFP under considen-ittion, hereby propt)ses to deliver through valid service tequest, i Purchase (Were or forms ror NJPA Members, Per this RFP. only new.. unused and first quality products,"SCITICC8 and services to designated. NJPA W, 'Me.mbers, and (S. The Proposer has, carefully cliecked the accuracy cal' all items and listed totill price per item in brit proposal. In addition, s and conditions of this RFP, including all missponsi bi Ii ties of the Prol.mcr accepts all getieral terriv commitnient and deli-vet)-t of' tie ry ices as otitIhied, and q In subl-nitting this proposal, it is tinders-tood that the right is reserved by the NJ PA to reject any or till proposa-Is and it is kgrced byllill ptartics that this proposal inay not be withdnkiwn during a period ol'90 days from the date proposals %vere opened re-garding this RIFP, and 10. The Proposer certifics that in perl'orniing this C.'ontract they will coinply %-vlth all applicable provisions oftlic fiedera.l. state, and Im-al laws, rcgulation.s. niles.'and orders, and 11. If Proposer has more than 40 employees in the state in which their principal place of' bits irne.Ss located. Proposer Page 43 o1*47 here: ay► a rtifics their compliance with fetler�al af1irmatiwc action rye t.�ixct�et�t.� 12. Proposer certifies they have disclosed all rebates, re- imbursernen s, cost reductions and any other sources of mventcc to the Proposer, or organization known to Proposer, relating to the goods and services contemplated l:br procurement by NJPA and NJ.PA Members associated with NJPA R1 031710. 1:. Pro -poser certifies they will continue to disclose news sources off'rebates, r-irnbursemcnts, marketing fees, cost reductions, and any other source of revenue to the Proposer, or organization known to proposer, relating to oo& and services contemplated for procu:rehttrat by NJPA and NJ.PA Members associated with NJpA Rf* P 03171 t during the term of any contract awarded pursua nu to this RFPi. Y �'om an Name: A J WIC MAI1ERY r INS p . Contact e n her uestior s M*J i l h 301-585-0800 Inc, (Must he individual who is ww..�:....... ...�..... Address: 628 GARFIELD AVE* ,...�w....r.�.�.: w.wwµ..YMY.�.M.wNMw.r..•..Mrw.w�....:w.�.......w�w:�......�.�.�...�..............M.n.�..�...�...wrw�.w�ww....�...,.:..�.....w.�.�..�..,....r.M.w....w.M.:.�....�:..�..:._....:•...:...::::.:..:::::::::::.�:::::..::.::::::.•. ...::::. ......::. City./State."/Zip: SILVER SPRING, _M 20910' G.:.• ......::•S:Y.riLaVth»atiX.vv}'S':.VLi:�:.tlb'.-Lti'.'t::Ydo600LYi:hiJw':v.'MddWwV14':.:: w..: L. 'm't.'M1S<: h:1.'n}'wSXN.Y: er.}. X h. .'..Y..-.•.�.%rSM••'r.•.}•.XtSMY'.YSw.•4nXKhSMiMX:+M.nrK•..-.':.dYnXJYY'.. J.WF.v<SAeaq:.:.vrM%•W +MMbM+';+.mow.. .wn:wtrm .:rwt.: ..... ....... .•..Mr:.}•.}M. .. ... ,.... .. ... .. ..... "relephon Number: 301-585— 800 liax Number; 301— 8 —7681 .4 we it d�twia.n..ticmacdin.N!HSbY: r.MpXynct••Y. .a.. . .. .. .... a .S. w AddressR m�..vM•. �wyYfir• or Authorized Signature: r _ �.....w�X..�:.........�w�....,M..w � •M.........,.�::w::M, .. �w.Mw�X.MM}.}}...N.::�,M.X:.k...}u�:....., µ,�..�...�.M.,...�..�....ww�.�.w ..,�.�..�,. .. AR�R � R Authorll d Nate (typed). r • "itle: PRESIDENT Date: /10/201 Notarized Subscribed and sworn to before me this i�t the day- cal~ ��� � 281t� :...,�:X.�.�........X.�,.�..r...w...._�.}v...:.::...w �'...Y:.Y....,:.w.:..�w:.w.....w.:w..:...�.:::.�....::...::::::::.•:....:.:.:.::.::.: w.....:.xAwM.w.�.�.w...w:..::....::.....::..:.�:.ww NTAL state: € r �. YLA�ta �'c�l � 'in and for the �:'ounty� of :..:. �::..::...:�......�.rt.�...._:..�....,�.�..�.•. � ...... .1my co utnission C lt' ;;:: t�. i AT tip MAFtyLAND I Form G. OVERALL EVALUATION AND CRITERIA In accordance with accepted standards of competitive sealed proposal awards as set forth in the Minnesota Procurement Code, competitive sealed bids/awards will be made to responsible Proposer s whose bids are determined in writing to be responsive and also be the most advantageous to NJPA and its NJPA Members. To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the criteria set for "Proposer Responsiveness." A proposal must have been submitted on time and materially satisfy all mandatory requirements identified in this document. Evaluation for: All responses For the Proposal Subject Accessories The evaluation criteria for this solicitation, not arranged in order of importance: Atlantic Federal Machinery, Contracts Federal A11111W. ins. Ondall Corn. SiLynal Core. Alamo Genie Conformance to terms and conditions to include documentation 50.0 40.0 45,0 38.3 38.3 38.3 38,3 38.3 ]Mcing 400.0 333.3 350.0 316.7 183.3 350.0 83.3 358.3 Industry and DLa�lace. Succees 25.0 16.7 18.0 15.7 8.3 20.0 15.7 19.0 Bidders Ability to Sell and Service Contract htadonall 100.0 78.3 60,0 70.0 38.3 73.3 73.3 $3,0 g Plan Bidders Maxicetin 0175.0 63.3 62.7 55.0 46.7 56.7 513 51,7 Value .Added attributes 75.0 64.3 66.0 55.0 53.3 55.0 57.7 58,3 Invoicing Payment Tems and Financing Lions 25.0 18:3 18.8 20.4 19.2 17.5 19.2 19.2 jrran Cove es and information 50.0 40.0 38.3 40.0 40.0 43,3 40.0 40.0 . Selection and Variety of Products and Services offered 200.0 178.3 180.0 173.3 68.3 175.0 8.3 18Q.0 err. ���i�s:�cvr�:�ct:w:�ta �: i��.�e:�:��•�►�Ia�•�•ziR�� i v."A s Bonus Points awarded for: Bidders "Green" characteristics 45.0 22-51 12.51 27.5 22.5 12.5 Overall Evaluation Points D et M dti+r ►A.�, 1•►t f • 877.7 Its It I 861.3 796.9 523.3 851.7 roF 400.0 862.8 I knAlP,� www.nipacoop.org National Joint Powers .AJliance' 200 First Street NE Staples, MN 56479 COMMENT AND REVIEW To the REQUEST FOR PROPOSAL (RFP) #031710 Entitled PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARATUS, EQUIPMENT AND/OR ACCESSORIES The following advertisement was placed in the Star Tribune on February 18, 2010 and February 25, 2010, in the Oregon Daily Journal of Commerce (DJC) for a seven-day run between the dates of February 18 and February 26, 2010, in the Honolulu Star Bulletin for a seven-day run between the dates of February 19 and February 25, 2010, on the NJPA website www.n' acoop.org, Onvia and on noticetobidders.com website: The National Joint Powers Alliance(& (NJPA) issues this request for proposal (RFP) to provide PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARA.TUS, EQUIPMENT AND/OR ACCESSPRIES, to NJPA, and current and potential NJPA Members from government, education to include Colleges and Universities, and non-profit agencies in all 50 states, and with potential international distribution. Specifications and details of this RFP are available beginning FEBRUARY 15, 2010 and continuhig until March 8, 2010. Details and Specifications may be obtained by letter of request to Gregg Meierhofer, N.TPA, 200 First Street Northeast, Staples, MN 56479, or registering and requesting RFP doctunents at www.noticetoproposedders.com, or e-mail at RFPCa i acoo .or . Sealed Proposals will be received until March 17, 2010 at 2:00 p.m. at the above address. NJPA reserves the right to rej ect any and all Proposals. RFP's were requested from and distributed to: Alamo Industrial Atlantic Machbiery, Inc, Euclid Infotech Federal Signal Corporation ESG Gradall industries, Inc. J&D's Hydraulic PipeHunter Prime Vendor, Inc. Terex Aerial Work Platforms (Genie) Volvo Late inquires were received from: Ditch Witch Allianz Sweeper Company Ditch Witch Federal Contracts Corp. Flink Company Hampton Roads Transit NW Truckstell Sales, LLC Polaris Defense Spaulding Manufacturing Vermeer GranTurk Equipment Company www.nipaaoop or9 National Joint Powers Alliance' 200 First Street NE Staples, MN 56479 Bids were opened on April 15, 2010 at the offices of NJPA offices 200 1 sc Street Northeast in Staples, Minnesota 56479. All bids received were deemed responsive. Bids were received from the following: Alamo Group (TX) Inc. DBA Alamo Industrial Atlantic Machinery, Inc. Federal Signal Corporation Gradall Industries, Inc. Allianz Sweeper Company Federal Contracts Corp. Genie Industries, Inc. Bids were reviewed by the Bid Review committee consisting of: Keith Hanson, CPA, NJPA Assistant to the Manager of Financial Services Jilene Fiemeyer, NJPA Coordinator of Legal Contract Communications Ginger Line, NJPA Coordinator of Bids and Contracts. Gregg Meierhofer, NJPA Manager of Bids and Contracts The findings of the Bid Review Committee are summarized as follows: In our opinion, we received a number excellent responses to our Request for Proposals. The majority of the bid responses were strong, well prepared and we feel dedicated to long-term custonner satisfaction. As illustrated in our Evaluation (FORM G), the strongest bidders demonstrated their commitment to driving value to our members in areas such as pricing, the ability to market the contract nationally and the selection of products available. Highlighted value added attributes included items such as alternative fuel configurations, hybrid products, strong reputations within their industries, technological and innovative features, national awards, ability to service a global market, strong training programs and a commitment to our environment. As the evaluation committee, we are confident a multiple bid will provide the strongest offering in terms of price and depth and breadth of product line to our members. As a result of the above factors and total evaluation points, the Bid Evaluation Committee recommends award of #031710 for PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARATUS, EQUIPMENT AND/OR ACCESSORIES to Allianz Sweeper Company as contract #031710-AS W, Genie Industries, Inc. as contract #031710-GII, Atlantic Machinery, Inc. as contract #031710-AMI, Federal Signal Corp. as contract #031710-FSC and Gradall Industries, Inc. as contract #031710-GRD. We believe individually each awarded vendor will bring unique qualities and market segments to NJPA and its Members and we are confident that collectively the awarded vendors represent the best in the industry and will provide the vast selection, variety and quality of products that will satisfy the needs of our members today and far into the future. www*nlpacoop.org /67; Keith Hanson, CPA, Assistant to the Manager of Financial Services Date June Fiemeyer, c Ginger Lin , � � Gregg Wierhofer,, 4 pjl?)k National Joint Powers Alliance bt� S- ao --to il;*r of Vegd Contract Communications Date V. inator of Bids and Contracts K Bids and Contracts �5-- 2 Date Date 200 First Street NE Staples, MN 56479 National J'oi*nt Powers Allianc*e (h.er'ein T-Fn r! I Q A (1icerein'RFP) PUBLIC Y VEHI IPME, the ptoctirement of ,"-TES AND/OR SERVICE R ACCESSPR[ES RFP Oueninst March. 17, 2010 2:00 p.m. CST - At the offices of the National Joint Powers Allianceg 200 First Street Northeast, Staples, MN 56479 RFP #U31.71t} TU The National Joint Powers Atliance!D (NJPA)issues this request for proposal (RFP,) to provide PUBLIC UTILITY VEHICLES AND/OR SERVICES,, APARATUS, EQUIPMENT AND/OR ACCESSPRIES,, to NJPA, and current and potential NJPA Members from governi-ne-at, education to include Colleges and LWIversities, and non -Profit agendi".. in a -I[ 50 states, and with potential international distribution. Specifications and details of this .FP are available beginning FEBRUARY 115 2010 and continuing until March 8, 2010. Details and Specifications may be obtained by letter of request to Gregg Meier hofer, NJ PA, 200 First Street Northeast, Staples, MN 56479, or registering and requesting RFP document's at wwwnoficet 1P *11 be received until March 17, .111--i Qp edders.com or e-mail at RFPGa)njpacoop.org. Seated Proposals will 20 10 at 2 -.00 p.m. at the above address. NJPA reserves the right to reject any and all Proposals. The text above is the Public Notice to Proposers. to be used by NJPA. FEBRU,4RY 15,2010 and Februaty 22, 20.10 A,farch 8, 2010 March 10, 2010,10.-i00A�MCS' March 17, 2010 2.- 00 P. in. CST RFP TtgLeline * Publicalion (?f RFP in the j)rint and online- Minneapolis Star Trlhune:, the NJPA vvebsiteA and on the website of Propo.see dhoncelopropy vedders. co- 41 Deadlinefor RFP requesis o re -Proposal Conftrence (Webeast -- conf(,,orence call) Deadlinefor &Submhsion cif Proj;avals, and Public Opening of Pmpo-vals Direct questions regarding thi's RFP to.: Gregg Meierhofer at giggg,me'Ior e nWyM()L).= (218)8,94-1930 RFP Procedures offers the methods for submitting questions. Page I of 47 N. Sales Tax A. About I JPA 0. Shlpping,and Shipping Program .: point Exercise of Powers Laves P. Normal Workiing Hours C. Why Propose a National Cooperative 5, MARK [-""]-IN(; 111.A Procurement Contract 6. 1 W() 0 . 1.. t 1`1:['. 1 N .,.$ P�.4..�..r .. (J .;.. D. The Intent of this RFP . VA1.,,UA ON OF PR_t.. 1*-10S 1 > E. Scope of this RFP A. Proposal evaluation process F, Expectations for Products/Services B. Proposer Responsiveness berg Proposed C, Proposal evaluation criteria G. Certification — Firm .offer to contract D. Cost Scoring valuation F. '6 . ' E. Product Ten A. Proposer --- Vendor P. Past. performance information B. Contract G. Waiver of formalities D. Proposer's Response A. S u seq cent A ;reernents E. Currency B. NJPA Member sign-up procedure 1. 1 ' l'l�t t',.i.1 . N .1't: 1.�R 1{� I 1 .I (,')(..� .. C. Reporting of sale activity 1114") OSA i . D. Audits A. Pre -Proposal. Conference E. Hub Partner B. Identification of key personnel F. Trade-ins C. Proposer"s exceptions to terns and G. Out of Stock Notification conditions H. Termination of a Contract resulting from . oral instructions to Proposers- this RFP E. Contents and tabbing of Proposal � � (`J 1 [IR A 11,]1 r RM"S A� D " . N 1 1,.11 ONS S:lbm iss on A. Advertisement of PPP F. Questions and answers about this RFP B.,advertising a Contract Resulting From C Modification or withdrawal of a this RFP submitted Proposal C. Applicable lad H. Value added attributes, D. Assignment of Contract products/services E. Proposers List I. ;did Security F. Captions, Headings, and Illustrations J. Certificate of Insurance G. Confidential Information :. K. Order Process and/or Funds Plow H. Data Privacy L. Administrative Fees I. Entire Agreement 1 . PRICING NG S1'R "111:(` 1 I y L Force Majeure As Line -Item .Prichig • . Gratuities :. B. Percentage discountfrom catalog, or L. Hazardous Substances category 1 . Legal Remedies C. Core List Pricing N. License D. Hot List, Pricing 0. Material Suppliers and Sub -Contractors E. Ceiling Price P. Non -Wavier of Right F. Volume Price Discounts Q. Protests of .Awards Made G. Sourced Goods R. Provisions Required by Law H. Total Cast of Acquisition S. Public Record I. Requesting Product and Service T. fight to Assurance additions/deletions U. Suspension or Disbarment Status J. Requesting Pricing Changes V.Human Rights Certificate .. Pricing and Products Changes Format W. Severab lity L. Single Statement of Pricing ­ Historical X, Relationship of Partied Record of Pricing 1, Payment Tern of4 I NI A. ABOUT NJ PA 1. The National Joint Powers Alliance6- (NJPA.) is a public agency searing as a national municipal contracting, agency established under the Service Cooperative statute by Minnesota Legislative Statute 1 23A. 1 with the authority to develop and offer, among other services, cooperative procurement services to its membership. Eligible membership includes cities, counties, governmental agencies, bath public and non-public educational agencies, colleges, universities and non-profit organizations, This Minnesota Statute also allows for service to NJPA Member agencies in Minnesota and all other states. .. To this enc NJPA has established a series of procurement contracts with various Vendors € f products/services which NJPA Members 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.n acoo 1 3 I JPA.'s publicly elected Board of Directors calls for all proposals, awards all Contracts, and hosts those resulting Contracts and offers them for the benefit of its Membership. IA NJPA currently nerves over 30,000 member agencies. Bath membership and utilization. of NJPA Contracts continues to expand at exponential rates. The value o.f our Contracts driven to Maur Members is reflected in our growth. B.. JOINT EXr,,*.RCISE OF POWERS LAWS 1.5 NJPA. cooperatively shares those contracts with its Members nationwide through various `Joint Exercise of Powers Laws" established in Minnesota and most other States. The Minnesota "'Joint Exercise of Powers Law" is Minnesota Statute §471.59 which states '`Two or more governmental knits... may jointly or cooperatively exercise any power Common to the contracting parties..," Similar Joint Exercise of Powers Laws for each State of the united States can be found on our websire at .h_ttt)-.// ,nt awo .car LEARN/About/ eUI.IitmI and eliding on that state at the bottom of the web - page, C. wH PROi, Oi.. E A 11M.NAL COOPER.Ka{. if r. PROCUREMENT 1T C1 N'T R.f ' CI" 1.6. National Cooperative Procurement Contracts create value for bath Municipal buyers and their Vendors of products/services in two ways: I we save the time and effort of many municipal buyers bringing individuai procurement proposals AND the time and effort of the Vendors in responding individually to those invitations. single invitation for a cooperatively held contract can replace potentially thousands of invitations -for the same items from individual NJPA Members. 1.� We earn volume Rurchasiag d scouuts which are passed on to our Members. A single awarded Proposal is likewise exposed to thousands of potential Municipal purchasing units nationwide creating efficiency and savings to the business community as they sell products and services to government and education agencies, L.7, State laws that permit or encourage cooperative purchasing contracts do so with. the belief that lower prices= better overall value and time savings will be the result. The collective purchasing power of thousands of NJPA Members nationwide offers the opportunity for volume pricing discounts. Although no volume is guaranteed by a Contract resulting from this RFP, substantial volume is anticipated and volume pricing is requested andjustified. 3 of47 1.9„ NJPA and its Members desire the best value for their procurement dollar as well as a competitive price. Pre -competed procurement contracts offer NJPA and its Members the abi i. to more directly compare non -price factors in their procurement analysis and it offers Vendors the opportunity to display those attributes without the timing and interpretation constraints of a typical individual proposal process. D. �l ° l 1 � f INTENT � f� °�l i� S RFP 1.10 The intent of this :PP is to award an Exclusive Single Award Contract to a qualifying, manufacturer or distributor Propels r demonstrating a solution which meets and/or exceeds the requirements of NJPA and its Members within the scope of PUBLIC UTILITY VEHICLES AND/OR. 'VICES, PARATU , EQUIPMENT ANDIOR A+CCESSP. IES. Qualifying Proposers must be able to demonstrate the knowledge of any and all applicable industry standards, lags and regulations; and the ability to both market to and service NJPA. Members bers in all 50 states, All proposals received will be evaluated based on (among several other factors) their ability to provide the greatest utility to NJPA and J'PA Members and across the widest spectrum of products and services, I response to this RFP can be in the form of aLine-Item Pricing and/or Percentage Discount from Catalog or Category Pricing purchasing contract. NJPA desires a relationship with a -vendor providing a broad array of equipment, products, supplies, accessories and services anticipated and generally requested and desired by NJPA members from the PUBLIC: UTILITY VEHICLES AND/OR SERVICES9 AP ►RATUS, EQUIPMENT AND/OR ACCESSPRIES industry. Those products and services must include those most commonly used and desired by NJPA and its Members. NJPA is seeking a Prime and Exclusive 'vendor relationship to best serve the overall needs of NJPA and. NJPA Members nationally. 1 12 -Non-Manufacturer Awards: s: JPA reserves the right to make an award related to this invitation to a non -manufacturer such as a mass distributor if such action_ is in the best: interests of NJPA and its Members. I„�' M41 . rIt Awards. Although it is �l JIPA's intent to award a contrao to a single Vendor, reserves the right to award a Contract to multiple proposers where the responding Proposers are deemed to lack the ability to appropriately service a national contract or such action is deemed to be in the best interests of'NJPA and its Members 1.14 Award by Board ofDirectors.- AnAward of Contract may be made by the NJPA hoard of :[directors based on the recommendation of theNJPA Proposal Review Committee and on the best interests of NJPA and its Members. NJPA is seeking a Prime, Exclusive Vendor relationship(s) to meet this need. The goal and intent of this R.17P is to follow through with a proposal award and contract to be marketed nationally through a cooperative effort between rile awarded Vendors) and NiPA to its participating members. 1 Best Responsive —Responsible Proposer: It is the intent of NJPA to award a Contract to the best responsible and responsive. Proposer(s) offering the best overall quality and selection of products/services and services meeting the commonly requested specifications of the NJPA and 'IJ A Members, provided the proposer"s 'Response has been submitted in accordance with the requirements of this RFP. 16 1 Sealed Propo'sab 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; Lary. Awards may be trade to responsible and responsive Proposerswhose proposals are determined in writing to be the most advantageous to NJPA and its current or qualifying future NJPA Members. J. l7 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, NJPAand/or its members reserve the right to obtain like goods and services solely from this Contract or from another contract source of their choice. 4 of~47 40aft"M00001. 18 NJPA's Interest in a. contract resulting from this RFP: Not withstanding its own use, to the extent NJPA issues this RFP and any resulting contract for the use of its Members., NJ.PA's interests and liability for said use shall be limited to the competitive proposal process performed and terms and conditions relating to said contract and shall not extend to the products, services, or warranties of the Awarded Vendor or the intended or unintended effects of the goods and services procured there from* 1 40ANNONOWr.19 Sole Source of responsibility- NJPA desires a "Sole Source of Responsibility" Vendor meaning the M Vendor will take sole responsibility for the performance of delivered products/services. NJPA also desires sole responsibility with regard to.- 1.19.1 Scope of Products/Services: NJPA desires a single provider for the broadest possible scope of the goods and services being proposed over the largest possible geographic area and to the largest possible cross-section of NJPA Members. 1.19.2 Vendor use of sub -contractors in sourcing or deltvering goods and services: NJPA desires a single source of responsibility for products/services proposed. Proposer$s are murned to have sub -contractor relationships with all organizations and individuals whom are external to the .. Proposer and are involved in providing or delivering the goods and services being proposed. Vendor assumes all responsibility for the prod ucts/servi ces and actions of any such Sub - Contractor. E. scom of "ri-flS RFP 1.20, Solutions Based Invitation: 1.20.1 All potential Proposers are assumed to be professionals in their respective fields. As professionals you are deemed to be intimately familiar with the spectrum of NJPA and N:JPA Member's needs and requirements with respect to the scx)pe of this RFP. 1.20.2 With this intimate knowledge of NJPA and NJPA Member's needs, Proposers are instructed to provide their proposal response in a format describing their solutions to those current and future needs and requirements. Proposers should. take care to be economical in their response to this RFP. 1.20.3, Multiple solutions to. the needs of NJPA and NJPA Member's are possible. Examples could include, 1.20.3-1. Materials Only Solution: A Materials Only Solution may be appropriate for 41 situations where NJPA or NJPA Members possess the abifity, either in-house or through local third party contractors, to properly install and bring to operation those materials being proposed. 1.20.3.2 Turn -Key Solutions: A Tum-Key Solution is combination of materials and. services which provides a single price for materials, delivery, and installation to a properly operating status. Generally this is the most desirable solution : as NJPA and NJPA Members may not possess, or desire to engage, personnel withthe necessary expertise to complete these tasks internally or through other independent contractors ,1120.3.31 Good, Better, Best,: *Where appropriate and properly identifled, Proposers are invited to offer the CHOICE of good — better — best multiple grade solutions to NJPA and NJPA Member's needs. 10.3.4 Proven — Accepted — Leading Edge Technology: Where appropriate and properly 'Identified, Proposers are invited to provide the CHOICE of an appropriately 5 of 47 identified spectrum of technology solutions to NJPA and NJPA Member's needs both now and into the future. 1.21 Geographic Area to be Proposed: This RFP invites proposals to provide PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARATUS, EQUIPMENT AND/OR ACCESSPRIES 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 to serve Canada, for instance, will be viewed as a value-added attribute. 1.22 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 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 proposed submission if that fact is properly identified. 1.23 Dealer/Re-seller as a Proposer: If the Proposer is a dealer or re -seller 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. Where appropriate, Proposers must document their authority to offer those products and/or services. 1.24 Contract Term: A contract resulting from this RFP will become effective the date of execution by NJPA of the "Offering and Award" (Form D). NJPA is Seeking a Contract base term of four years subject to annual renewals as allowed by Minnesota Contracting Law. Full term is expected, however will only occur through successful annual renewals. 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. 1.25 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 NJPA Members and the value of the awarded contract. 1.26 Estimated Contract Volume: Estimated quantities and sales volume are based on potential usage by NJPA and NJPA Members. 1.27 Largest Possible Solution: 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 products/services proposals as a part of the award. 1.28 Contract Availability: This Contract must be available to all current and potential NJPA Members who choose to utilize this NJPA Contract to include all governmental agencies, public and private primary and secondary education agencies, and all non-profit organizations nationally. 1.29 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 were opened regarding this RFP. 6 of 47 F. FOR PRODtK1`,1TS/SER VICES BEING'PROPOSED 1.30 Industry Standards*. Except as contained herein, the specifications or solutions for this RFP shall be those accepted guidelines set forth. by the PUBLIC. UTILITY VEHICLES AND/OR SERVICES, APARATUS, EQUIPMENT AND/OR ACCESSPRIES industry, as they are generally understood and accepted within that industry across the nation. Submitted products/services, related services, and their warranties and assurances are required to meet and/or exceed all current, traditional and anticipated needs and requirements of NJ PA and its Members, 1.30.rl Deviations from industry standards must be identified by the Proposer and explained how, in their opinion, the products/services they propose will render equivalent functionality, coverage, performance, and/or service. Failure to detail all such deviation$ may comprise suffliciem rgrounds for rejection of the entire proposal. Important note: 'NJPdoes not typically offer specific product and service speed: .itcat ions; rather N-JPA is requesting an industry standard or accepted specification for the requested products and services. *d" is 40 Where specITIC line items are specified, those line items should be considered the minimum which can be expanded by the Proposer to deliver the Proposer's "Solution" to NJPA and NJPA Member's needs. COMMonly used Goods and Services, It is important that the products/services submitted are the # products/services commonly used by public sector entities. 1.33 New Current Model Goods.* Proposals submitted shall be forr new, current model products and services with. the exception of certain close-out products allowed to be offered on the Proposer's "Hot List" described herein. 1.34 Compliance with laws and standards: All items supplied on this Contract shall Comply with Ally WENSWOOM" current applicable safety or regulatory standards or codes.. .1.35 Mlivered and opemflonah Products 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 explicitly disclosed in your proposal response. 1.36 Warranty* The Proposer/Vendor warrants that all products, equipment, supplies, and services delivered under ;his 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, as a part of Tab 9, product specific warranty as requirea 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 which 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 the non -award, 1.37 Proposer's Warrants: The Proposer warrants all goods and services furnished hereunder will be free from liens and encumbrances; and defects in design, materials, and workmanship* and will conform in: all respects to the terns of this RFP 'including any specifications or standards. In addition, Proposer/Vendor warrants the goods and services are suitable for and will perform in accordance with the purposes for which they were intended. G. CERTIF ICATION ­ FIRM 0FIB ER­*r0 (.*0NTRAC1' 1.38 By -execution and delivery of aproposal, Proposer certlifles: 1 y The submission of the offer did not involve collusion or any other anti- competitive practices; 2. The Proposer/Vendor shall not discriminate against any employee or applicant for employment In violation of Federal and State Laws (see Federal Executive Order 1124-6)9- 3. The Proposer has not given, offered to give, nor intends to give at any time hereafter any 7 of 47 economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor or service to a. public servant in connection with the submitted offer (see Gratuities); and, 4. The Proposer agrees to promote and offer to Members only those product services and/or services as previously stated, allowed, and deemed a resultant of the contract(s) as NJPA contractitems or services.. This clause shall include any future product or service additions as allowed through Contract additions A response to this R P is a firm offer to Contract .1th the NJPA based upon the goals. intent, terns, and conditions and scope of products/services contained in and referenced to in this invitation. ,,, All stated' terms and conditions, expectations to include the goals, intent and scope of this l~ P as described as a part of this R P„ are to be considered binding under the signatures of authorized parties and are part of the Contract: A. PROPOSER R - VENDOR 2.1 Exclusive Vendor- dor- A sole Vendor awarded in a product category. NJPA reserves the right to award to an Exclusive Vendor in the event that such an award is in the hest interests of NJPA Members. Such a. Proposer mast exhibit the ability to offer an outstanding overall program and demonstrate the_abilit and . willingness to serve NJPA Members *In all 50 states, and comply with all other 'requirements of this R.PP. 21 Potential Proposer- A person or entity requesting a cooly of this RPP. 2,3 Proposer- A company, person., or entity delivering a timely response to this RFP, 2.4 Vendor- One of a number of" Proposers whose proposal has been awarded a contract pursuant to this Fly. 5 Request for Proposal- Herein refers to �� R-FP B. CONTRACT 2.6 "' orntracf' as used herein shall mean cumulative documentation consisting ofthis R.:FP, an entire Proposer's .response, and a fully executed "Acceptance and ward." C. TIME 2.7 Periods of time, stated as number of days, shall be in calendar days. D. PROPOS R"S RESPONSE 2.8 A Prooposer's Response is the entire collection of documents as they are received. by NJPA from a Potential Proposer in response to this R 'P E. CURRENCY 9 All transactions are payable in U.S. dollars on U.S. sales. All administrative fees ;are to be paid in 'U.S. dollars.. of 47 3, INls'*I'RI..)(.��i'fONS'I'*(**') IW".1"ARIN(i YOUR 1`114)1`10SAI, A. PRI-1-PROPOSAL CONFU11I.."NCt", 3.1 A non -mandatory pre -proposal conference will be held at the date and time specified in the time line MONW*" on page one of this RFP. Conference call and web connection 'Information will be sent to all Potential Proposers through the same means employed in their inquiry. The purpose of this conference call is to allow Potential Proposers to ask questions regarding this RFP. Only answers 'Issued in writing by NJPA to questions asked before or during the Pre -proposal Conference shall be considered binding. 13, 11.)[.-.,'N]'1F1CAT10`N 01"KU"Y PF.RSONNEL, A� 3.2 Vendor will designate one senior staff individual who will represent the awarded Vendor to NJPA. This contact person will correspond with members for technical assistance, questions or problems that may arise including "Instructions regarding diffierent contacts for different geographical areas as needed. 3.3 Individuals should also be identified (if applicable) as the primary contacts for the contents of this fak""WAW proposal, marketing, sales, and any other area deemed essential by the Pro -poser. I r 4 , * 4 (".,)N S �'FO "I't R MS A N 1) 0 N PROPOSIf X I �" I' ILATIONS 3.4 Any exceptions, deviations, or contingencies a Proposer may have to the terms and conditions contained herein must be documented on Form C. I. 3.5 Exceptions, Deviations or contingencies stipulated in Proposer's Response, while possibly necessary in the view of the Proposermay result. in disqualification of a Proposal Response. I F()RMAT.. 1NS'TR1-_)(_`T10NST0 PROPOSI.-IRS 3.6 It is the responsibility of all Proposers to examine the entire RFP package, to seek clarification of any item or requirement that may not be, clear and to clieck all responses for accuracy before submitting a Proposal. Negligence in preparing a Proposal confers no right of withdrawal after the deadline for submission of proposals. I All proposals must be sent to "'The National Joint Powers Alliance4D, 200 1' ST NE Staples, MN 56479.909 3.8 All proposals must be submitted in both hard copy and electronic formats on a compact disc (CD)). Both hard copy and electronic proposals must be tabbed (in appropriately named files in the case of the CD) as 'Identified herein. Electronic proposal submissions should be submitted. in a nested file structure 0 i where the rootfile s entitled "Proposal Response". Files contained in the root file should be entitled "Tab 1, Tab 2," Documents within the nested files should be individual documents or folders appropriately titled as to their content. 13.9 Two complete copies of each proposal must be submitted with the exception of a single original bid security submitted ' 6.4 1 1 ecuri in one response copy witn a copy of the bid security in the second response copy. All Proposal forms must be legible. All appropriate forms must be executed by an authorized signatory of the Proposer. Blue ink is preferred for signatures, 3.10 Electronic proposal submissions should be submitted using AWOU"N"M %W1 the electronic forms provided. If a Proposer chooses to use alternative documents for their response, the proposer will be responsible for ensuring the content is effectively equal to the NJPA form and the document is in a format readable by NJPA. 3.11 Product descriptions, fact sheets, and catalogs should be. submitted 'in electronic format only in an 9 of 47 effort to limit the use of paper resources in the hard copy response. Price lists in excess of 20 pages should be submitted in electronic format only. 3#12 It is the responsibility of the proposer to be certain the proposal submittal is in the physical possession of NJPA on or prior to the deadline for submission of proposal's. 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. openlnand the deadline for proposal submission. NJPA cannot be responsible for late receipt of proposals. 'Proposals received by the correct deadline for proposal submission will be opened and the name of each Proposer and other appropriate information will be publicly read. 1,13 Corrections, erasures, and interlineations on a Proposer"s Response roust be initialed by the authorized signer In original ink on all copies to be considered. 3,14 Add.endums, to the RFP The Proposer is responsible for ensuring receipt. of all addendurns to this RFP. Proposer's are responsible for checking directly with NJPA, or checking the NJPA webs to for addendums to this RFP. 3.14.2 .Aod ndums to this RFP can change terns and conditions of the R.FP incl' ding the deadline for submission of proposals. F. CO. N]"ENTS AN ► TABBING ING OF PRE, PO A:I:.., SUBMISSION 3 In order to insure every proposal receives a fair evaluation and comparison, it is required each Proposer tab and label their proposal as indicated on : otm A `Proposer Questionnaire." f . QUESTION AND ,ANSWERS ABOUT THIS RFP . I6 Up -on examination of this R.14 document, Proposer shall promptly notify the Manager of Bids and Contracts of any amb,igu ty, inconsistency, or error they may discover. Interpretations. corrections and changes to this RFP must be made ky addendum. Interpretations, corrections, or changes made in any other manner will not be binding and Proposer shall not rely upon such, 3 Submit all questions about this R.PP, in writing, referencing "'PUBLIC UTILITY VEHICLES AND/Olk SERVICES, APA .�T EQUIPMENT AND/Ol A�: PRJE to Gregg l ieierhofer, NJPA. 00 First Street NE, Staples, MN 5 4? or R.FP@njpacoop.org. Whose not, having access to the Internet may call Gregg l' eierhofer at (18) 89-l93o to determine 'If addenda have been issued or to request copies of the RFP. Requests for additional information or interpretation of instructions to Proposers or technical specifications shall also be addressed to Gregg Meierhu:fer. NJPA urges Potential Proposers to communicate all concerns well in advance of the deadline to :avoid misunderstandings.. Questions received less than: seven (7) days ending at 4 0o p.m. Central Time of the seventh (7 h) calendar day prior to proposal due -date cannot be answered 33.18 If the answer to a question is deemed by NJPA to have a material impact on other potential proposers or the RFP itself, the answer to the question will become an addendum to this RFP. 3.19 If the answer to a question: is deemed by NJPA to be a clarification of existing, tens :and conditions and does not have a material impact on other potential proposers or the RIP itself, no further documentation of that question is required, 3 As used irk this solicitation, clarification means communication with a Potential Proposer for the sale purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the RFP. 3.21 Addenda. are written nstruments issued by NJPA that modify or interpret the RFP. All addenda issued by 'NJPA shall become a part of the RFP. Addenda will be delivered to all Potential Proposers. 10 of 4 using the same method of delivery of the original RFP material. NJPA accepts no liability in connection with the delivery of said materials. Copies of addenda will also be made available on the NJPA. website at ww.n' acoo .org by clicking on "Current Proposals'' and from the NJPA offices. No addenda will be issued later than five (5) days prior to the deadline for receipt of proposals, except an addendum withdrawing the request for proposals or one that includes postponement of the date of receipt of proposals. Each Potential Proposer shall ascertain prior to submitting a Proposal that it has received all addenda issued, and the Proposer shall acknowledge their receipt: in its Proposal Response. 3.22 An amendment to a submitted proposal must be in writing and delivered to NJPA no later than the time specifted for opening of all proposals. + . MODIFICA i`l N OR WITHDRAWAL OF A SUBMITTED ITTEPROPOSAL 3.23; A submitted proposal may not he modified, withdrawn from or cancelled by the Proposer for a period of ninety (90) days following the date proposals were opened regarding this RFP Prig to the deadline for submission of proposals, any proposal submitted may be modified or withdrawn by notice to the NJPA Manager of Bids and Contracts. Such notice shall be submitted ire writing and include the signature of the Proposer and shall be delivered. to NJPA prior to the deadline for submission of proposals and it: shall be so worded as not to reveal the content of the original proposal. however, the original proposal shall. 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 are then fully in conformance with the Instructions to proposer. 1-1, VALUE At DI�I�,D ATTRIBUTES, PRODUCTS/S1;R VICES 3 24 Examples of' value Added Attributes: Value -Added attributes, products and services are items offered in addition. to the products and services being proposed which adds value to those iterns being proposed. The availability of a contract for maintenance or service after the initial sale, installation, acid set-up may, for instance, be "Value Added Services"' :for products where a typical buyer may not have the ab i l i Ey to perform these functions. 125 Where to document Value Added Attributes: The opportunity to indicate value added dimensions and such advancements will be available in the Proposer's Questionnaire and Proposer's product and service submittal and must be tabbed under Tab 9. 3.26 Value added products/services and expanded services, as they relate to this RFPy will he given positive consideration in the award selection. Consideration will be given to an expanded selection of PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARATUS, EQUIPMENT AND/OR. ACCESSFRIES, and advances to provide products/services, supplies meeting and/or exceeding today's industry standards and expectations. A value add would include a program. or service that further serves the members needs above and possibly beyond standard expectation and complements the products/services and training. Value added could. include areas of product and service, sales ordering, delivery, performance, maintenance, technology, and service that furthers the functionality and effectiveness of the procurement process while remaining within the scope of this RFP. 3.27 Minority, Small Business, ;and Women Business Enterprise (WMBE) participation: It is the policy of some NJPA Members to involve Minority, Small Business, and WMBE contractors in the purchase of goads and services. Vendors should document WMBE status for their organization AND any such status of their affiliates (i.e. Supplier networks) involved in carrying out the activities invited. The ability of a Proposer to provide "Credits" to NJPA and NJPA Members in these subject areas, either individually or through related entities involved in the transaction, will be evaluated positively by NJPA. NJPA is committed to facilitating the realization ofsuch `Credits" through certain structuring techniques for transactions resulting from this RFP. Environmentally Preferred Purchasing opportunities; There is a growing trend among NJPA Members to consider the environmental impact of the products/services they purchase. Please identify l i of 47 any '"Green" characteristics of the goods and services in your proposal and identify the sanctioning body determining that characteristic. Where appropriate, please indicate. which products have been certified as ,".green"' and by which certifying age n . cy. 3.29 On -Line Requisitioning systems- When appl*cabrle, on-li is' affim"WeNNOW 0 1 ne requ iiunin systems will be viewed as a value-added characteristic. Proposer shall include documentation about user 'Interfaces that make on- line ordering easy.for NJPA Members as well as the ability to punch -out from mainstream. eProcurement or Enterprise Resource Planning {ESP) systems that NJPA Members may currently utilize. 3.30 Financing: The ability of the Proposer to provide financing options for the products and services being proposed will be viewed as a Value Added Attribute, I. BID SECURITY A bid security in the amount of $10,000, in the form of a bid security or a cashier's check payable to NJPA., will be required of all Proposers to insure the Proposeris performance in completing the "'Contract" contemplated herein. The bid security (or cashier"s check) will be released to the Proposer -following the execution of all documents required to complete the proposed "Contract" or the end of the required 90 day commitment period, whichever comes first. Bid securities must be issued by an Admitted Surety rated A or better (an insurance organization authorized by the Insurance Commissioners in all 50 states to transact. surety insurance during this calendar year). ACCEPTABrLE BID SECURITY MUST BE PROVIDED W-ITH THE PROPOSAL SUBMITTAL, INDUSTRY STANDARD DOCUMENTS ARE ACCEPTABLE. THE BID SECURITY SHALL IDENTIFY NJPA AS THE OBLIGEEIPA' EE. THE BID SECURITY SHALL HAVETHE PROPOSER IDENTIFIED AS THE OBLX'JiOR/PAYOR. 3.32 TRY, PURPOSE OFTHE NJPA S01.,s1CJTA,T1ON BID SECURITY IS TO F"NSURE THAT THE AWARDED PROPOSER FOLLOWS THROUGH IN THE DEVELOPMENT AND EXECUTION OF THEIR MARKETING PLAN. NJPA RESERVES THE RIGHT TO ACTIVATE THE. CASH VALUE OF THE BID SECURITY OR CASHIERS CHECK IN THE EVENT THE AWARDED PROPOSER FAILS TO INITIATE AND EMBRACE SAID MARKETING PLAN TO THE SATISFACTION OF *NJPA,. J. CERTIFICATE OF INSLJRANCE 3.33 Proposer shall procure and maintain 'insurance which shall protect the Proposer and NJPA (as an additional insured) from any claims for bodily injury, property damage, or personal injury covered by the indemnification obligations set forth herelin. "J.he Proposer shall procure and maintain the- insurance policies described below at the Proposer's own expense and shall furnish to NJPA an insurance certificate listing the NJPA as certificate holder and as an additional insured. The insurance certificate must document that the Commercial General Liability insurance coverage purchased by the Proposer includes contractual liability coverage applicable to this Contract. In addition, the insurance certificate must provide the following 'Information: the name and address of the insured; name, address, telephone number and signature of the authorized agent; name of the insurance company (authorized to operate in all fifty United States); a description of coverage in detailed standard terminology (including policy period, policy number, limits of liability, exclusions and endorsements); and an acknowledgment of notice of cancellation to the NJPA. 1.34 Proposer is required to maintain the following 'insurance coveragels, during the -term of the Contract: (1) Workers Compensation Insurance (Occurrence) with the following minimum coveragels: Bodily injury by accident -per employee $100,000; Bodily injury by disease -per employee $100,000; Policy 12 of 47 limits $500,000. In addition, Proposer shall require all subcontractors occupying the premises or performing work under the contract to obtain an insurance certificate shoving proof of Workers Compensation Coverage with the following minimum coverage's: Bodily injury by accident --per employee $ 1 00,000; Bodily injury by disease --per employee $ l 00,000 Policy limits $500,000.. (2) Commercial General Liability Policy per occurrence $1,0 0,000. (3) Business Auto Policy to include but not be limited to liability coverage on any owned, non - owned and hired vehicle used by Proposer or Proposer's personnel in the performance of this Contract. The Business Automobile Policy shall have a per occurrence limit of $1,000,000. 3. The foregoing policies shall contain a provision that: coverage afforded under the policies will not be canceled, or not renewed or allowed to lapse for any reason until at least thirty (30) days prior written notice has been given to NJPA. Certificates of Insurance showing such coverage to be in force shall be riled with NJPA prior to commencement of any work under the contract. The foregoing policies shall be obtained from insurance companies licensed to do business nationally and shall be with companies acceptable to NJPA, which must have a minimum AM Best rating of A-. All such coverage shall remain in full force and effect during the term and any renewal or extension thereof, 3 within ten (l0) days of contract award, the Proposer must provide NJPA with two (2) Certificates of Insurance. Certificates must reference NJ.PA, RFP 031710 by number. ., ORDER PROCESS ANDIORFUNDS is1..O 3 37 Please propose an order process and funds flow in Tab 9 four your proposal. Please choose from one of the following: .3'7. B-TO-G.* The Business -to -Government order process and/ter funds flow model involves NJPA Members issuing Purchase Orders directly to a Vender and pursuant to a � ont ►ct resulting from this I1I'P. 33 Othem Please fully identify. .l. ADMINISTRATIVE FEES 3. , .Proposer agrees to authorize and/or al low for an adm inistrative tee payable to NJPA by an Awarded Vendor in exchange for its facilitation and marketing of a Contract resulting from this RFP to current and potential NJPA. Members. This Administration Fee shall be: 3.381 Calculated as a percentage of the dollar volume of all products/services provided to and purchased by NJPA. Members or calculated as reasonable and acceptable method applicable to the contracted transaction, and 3.38.2 :Included in, and .not added to, the pricing included in Proposer's Response to this RFP, and 3.3�3 Set based on the anticipated costs of NJPA's involvement in facilitating the establishment, Vendor training, and the order/product/funds flow of the Contract resulting: From this RFP. 3.38.3.1 Typical administrative fees for a B-TO-C order process and funds ;low is 2.0%. 33.39 The opportunity to propose these factors and an appropriate administrative fee is available in the Proposer's Questionnaire, and submitted in Tab 9 of your response. 4 1 'NJPA requests Potential Proposers respond to this RFP only if they are able to coffer a pride array of products/services and at prices lower rand better value than what they would ordinarily offer to single government agency, larger schooldistrict, or regional cooperative. 4.r2 RFP is an ``indefinite Quantity Product/Service Price Request"" with potential national sales 13 of 47 distribution and service. Proposers are agreeing; to fulfill Contract obligations regarding each product/service to which. ;you provide a description and a price. if Proposer's solution requires additional supporting documentation, describe where it can be found in your submission. if Proposer offers the solution in an alternative fashion, describe your solution to be easily understood. All pricing nest be tabbed and organized under Tab 9, and copied on a CD along with other requested information as a part of a Proposer"s Response. 4.3 Regardless of the payment method. selected by JPA. or NJPA Member, a total cost associated with any purchase option of the products/services and being supplied roust always be disclosed at the time of purchaser 4.4 Primary Pricing/ econ.da ry :Pricing Strategies- All Proposers will be required to submit "Primary MONOMWO Prieing7 in the farm of either "Lime -Item Pricing," "Percentage Discount from Catalog .Pricing,"' or a combination of these two pricing strategies. Proposers are also encouraged to offer OPTIONAL pricing strategies including " lot fist," " ourcedGoods," and `}Volume Discounts," as well as financing options such as leasing, A, IANE-ITEM PRICING 4.5 Line-ftem _pricing- A pricing forrn.at where specific individual products and/or services are offered at specific individual Contract prices. Products and/or services are individually 'priced and described -by characteristtes such as manufacture name. steep or part number, size, or functionality. This met -hod of pricing offers the least amount of confusion as products and prices are individually identified., however ;proposers with a large amber of products to propose may find this method cumbersome. in these situations, a percentage discount from catalog or category pricing model may make more sense. , 6 Unit Pricing: Unit Pricing is a tine -item technique of pricing for services including tide related materials for those services on a unitized basis. ,rh.e unitized 'bases may be per qumititativc rneas11te such as per square foot, per lineal foot or per occurrence. As an example (riot necessarfly related to the scope of this RFP) ? sheetrock may be line item priced as a product only,: delivered to the end users location, A unit priced delivered and installed at that end users location. The sheetrock, hung and taped, is 'D logical combination of product and service and, could be priced per square foot. Whether pricing services, or logical combinations of products and sere ees, pricing per unit of product and seiices must: be quoted (Le. cost per square foot of sheetroc .lung and taped). 4.7 All, Line -Item Pricing horns must be numbered, organised, sectioned, including KU's when applicable) and easily understood by the Proposal Review Committee and members .g Line -Item Pricing items are to be submitted in an Excel spreadsheet -format and are to include all appropriate identification information necessary to discern the line item from other line items in each Proposer"s proposal. 4.9 The purpose for the excel spreadsheet format for Line -Item Pricing is to be able to use the ` Find" function to quickly fired any particular item of interest. For that reason, Proposers are responsible for providing the appropriate product and service identification information along with the pricing information which is typically found on an invoice or price quote for such products and services. 4,� All products and services typically appearing; on an invoice or price quote must be individually priced and identified on the line -item price sheet, including any and all ancillary costs. „4.11 .Proposers are asked. to provide both a "Lest" price as well as a "Proposed Contract Price"' in their pricing matrix. "List"' price will be the standard "quantity of one"' price currently available to government and educational customers excluding cooperative and volunie discounts 14 of 47 B. Pl•~ RCEN"I.AGE DISCMATFROM CA17 .LOG OR, C�1 GORY. 4 2 Percent Discount From Catalog, list or Category Pricing- A specific percentage discount from a. "Base or List Price" defined as a published manufacturers list, or catalog price for the products or services being proposed. The `Base or List Price" is the price charged to an average govemmentleducation buyer absent reductions for cooperative or volume purchasing agreements. 4.13 Individualized percentage discounts can be applied individually to any number of defined product groupings. Product groupings can be defined by manufacturer, product type, or other factor as long as the Proposer sufficiently defines those product groupings 4 A Percentage Discount from Catalog or Category Pricing offered by the Proposer is acceptable if the products and equipment are far too numerous to name and price individually. 4.15 A Percentage Discount from Catalog or Category Pricing identifies a percentage discount to be applied to a `Base Price" for products from one or more published catalogs. The "Base Price' will be the price generally applicable to government and education customers absent the discounts contemplated herein. The catalog may be published by the Proposer or by the Proposer's supplier, "Published" means generally available to a dealer network distributing those products and services being proposed in either print or electronic formats where an "Auditor" may verily the "'Base Price' of a product proposed during the term of a Contract. 4 when a Proposer elects to use `'Percentage Discount From Catalog or Category," Proposer will be responsible for providing and maintaining current `Base or List Pricing' with NJPA both in their proposal and throughout the term of any Contract resulting from this RFP. 4.17 New "'Base or List Price" Catalogs. may be submitted for review throughout the term of the Contract. NJPA reserves the right to review subsequent catalogs submitted to detennine if the represented products reflect the contraeted products and equipment. Each new catalog received may have the effect of adding new product offerings and deleting products no longer carried by the Vendor. New catalogs shall apply to the Contract only upon approval of the NJPA. Ton -approved use of catalogs will -result in termination for convenience. New price lists or catalogs found to be offering noncontract items during the Contract would be grounds for terminating the Contract for convenience. New optional accessories for equipment may be added to the Contract at the tirrie they become available.. C. Ct;�l�l J. LIST Ply It "INC 4 , Fused on NJPA Members needs, a "C0RPa LIST"' which contains a selection of p ost commonly used, products/services is requested., Proposer must submit their anticipated "'CORE LIST' including KU's and pricing in a Line -Item format, in a separate spreadsheet labeled as "Core: List.' Consid+ ration and valuation points will be given to the most advanced selection of commonly purchased Cure list products/services. 1 . HOT L t SST Ply lC'l NG 'here applicable, NJPA also invites the Vendor, at their option, to offer a specific selection of products/services, defined as a Hot List Pricing, at greater discounts than those listed in the standard Contract pricing. All productlservice pricing, including the Hot List Pricing, must be submitted in hard copyas well as electronically provided in Excel format. Hot List pricing must be submitted in a L ne- ltem format. providing a ` Hot List" of products/services is optional. Products/services may be added or removed from the "Hot List's at any time provided that current "Hot List" prices are provided to NJPA at all tunes. 4.20 Hot List pricing when applicable may also be used to discount and 'liquidate close -taut and discontinued products/services as long as those close-out and discontinued items are clearly labeled as 15 of 47 such. Current ordering process and. administrative fees apply. This option must be published and. made available to all 'NJPA Members. „4.21. Hest List Pricing is allowed to change .at the discretion of the Vendor within the definition of Hot List Pricing. The ehd.or is responsible to maintain current Hot List product/service descriptions and Pricing with NJPA. E.Pelf: 4 Proposal pricing is to be established as a ceiling; price. At no time may the proposed productsiservices be offered pursuant to this Contract at prices above_ thisceiling price without approval by NJPA. Prices may be reduced to allow for volume considerations and to meet the specific and unique needs of an NJPA Member,_ 4.23 Allowable specific needs may include certain purchase volume considerations or the creation b custom programs based on the individual 'needs of NJPA Members. F. VOLUME PRICJ` DISCOUNTS 4�4, .Proposers are free to offer volume discounts from the quantity -of -one pricing documented. in a Contract resulting,from this RPP. Volume considerations shall be determined between the vendor and individual NJPA Members on a case -by -case basis. 41 Nothing in this Contract establishes a favored member relationship between the NJPA or any NJPA Member and the Vendor. The Vendor will, upon request by NJPA Member, extend this same reduced price offered or delivered to another NJPA Member provided the same or similar volume commitment, specific needs, terin,s, and conditions, ns, a. similar time frame, seasonal considerations and prodded the same manufacturer support is available to the Vendor. ,4.26 All price adjustments are to be offered qualij to all NJPA Members exhlibifing. the Name € to substantially si ilal, characteristics such as purchase volume com pit: rents, and timing including the availabif ty of special pricing fromtf�e Vendor's suppliers. 6. SOURCED GOODS 4,27 NJPA and NJ'PA Members may, from time to time, request ,goods and/or products/services within the scope of this RFP which are not included in an awarded 'vendor's line -horn product /service listing or "I ist or catalog" known as Sourced Goods. �4.,, .28 An awarded Vendor resulting from this Rai P may "Source"' these prodUCts/services for NJPA or NJPA Member to the extent they: 4.2-8.2 Provideas many quotes for the Member's `�rotal Cost of Acquisition" for the goods and services to be sourced as may reasonably be required by NJPA Member, Provide "'Sourced Cools" only to the extent that they are incidental to the total transaction being contemplated, 4.29 The Total Cost of Acquisition for the products/services being proposed, including those payable by NJPA Members to either the Proposer or a third party, shall be disclosed in the_.Proposer's Response including but not limited to • The capitau*zed cast of the listed products/services being proposed, • The cost of accessories, alterations, and custornizations typically incurred in the acquisition of the 16 of 4 productslservices being proposed. i The cost of delivery, setup and installation (where applicable) of the productsl'services and any accessories being proposed. 0 Other costs, where applicable, typically associated with the purchase, delivery, set-up, and installation of the productsfservices being proposed and making it operational at the purchaser's site. 4.30 The Total. Cost of Acquisition is to be stated "As Proposed." As an example, a materials only proposals: or portions of proposals, must include the total cost of acquisition for those materials delivered. In contrast, the Total Cost of Acquisition for a turn -key proposal must include the total costs to 'be incurred in to process of delivering that combination of prod uctsiservices. 1. REQUESTING P .+ D -17 AND SERVICE E A Di'l IONS/DE-Ll °11ON 4.31 Requests for product, service, and price additions, deletions, or changes must be made in written form and shall be subject to approval by NJPA. 4Nvv pr+aducislset ices may be added to a Contract resulting from this P.PP at any time during that Contract to the extent those products/services are within the scope of this RFP. Those requests are subject to reviewer and approval of NJPA. Allowable new products/services generally include new updated models of products/services and or enhanced services previously offered which could reflect new technology and improved functionality. Proposers representing multiple manufacturers-, or carrying multiple related product tines may also request the addition of new manufacturers or product lines to their Contract to the extent they remain within the scope of this RFP. 4.34 NJ:PA's clue diligence in analyzing any request for change is €o determine if approval of the request is 1) within the scope of the original RFP, and Z} in the "Best Interests of NJPA arid'NJPA _Members." We are looking for consistent pricing and delivery mechanisms and an understanding of what value the proposal brings to NJPA and NJPA Members. + Documenting the "'Best Interests of NJPA and NJPA Members" when out -dated equipment is being deleted is fairly straight forward since the product is no longer available and not relevant to the procurement. Contract. 436 Requests must be in the fora of 1) a corer letter to NJPA a) asking to add the product line, b) making a general statement identifying how the products to be added are within the scope of the original .FP, and c) making a general statement identifying that, if appropriate, the pricing is consistent with the existing Contract pricing and 2) the detail as to what is being. added at what price will there be an attachment to that cover letter. 4.37 N1PA's intent here is to encourage Proposers to provide and document NJPA's due diligence in a clear and concise one page format on which we can stamp and sign our, acknowledgment and acceptance. This information mustultimately come from Proposers, and NJPA is requiring it in this format. J. REQUESTING ESTI PRICING CHANGES 4.38 priceDecreases: Requests for standard Contract price decrease adjustments (percentage discount increases) are encouraged and will be allowed at any time based on market place efficiencies, market place competitiveness, 'improved technologies and/or improved methods of delivery or if Vendor engages in innovative procurement practices such as strategic sourcing, aggregates and volume purchasing. NJPA expects Venders to propose their very best prices and anticipates price reductions due to the advancement of technologies and market place efficiencies. Documenting the "Best Interests of NJPA and N,IPA Members" is pretty easy when we are documenting price reductions. 17 of 47 4 Pori a increases: bequests for standard. contract price increases (or the inclusion of new generation products/services/s. ervices at higher prices) can be made at any time. These requests will again be evaluated by NJPA based on the best interests of NJPA and. NJPA Members..As an ex mpl.e, typically acceptable requests for price increases for existing products/services may cite *increases to the 'Vendor of input costs such as petroleum or other applicable commodities. Typically acceptable requests for price increases for new products/services enhance or *improve on the current solutions currently offered as well as cite increases in utility of the new compared to the old. vendors are requested to reasonably document the claims cited. in their requests. Your written request for a price increase, therefore, is an exercise in describing what you need, and a. justification. for why you need it in sufficient detail for NJPA to deem such change to be in the best interests of our self and our Members. 4.40 Price Change Request Format: An awarded Proposer will use the format of a cover :better requesting price increases10 in general terms (a 5% increase in product line ) and stating their justification for that price increase due to the recent increase in petroleum casts) by product category. Specific details for the requested price change must be attached to the request letter identifying product/services where appropriate, both current and proposed pricing. Attachments such 'as letters from suppliers announcing price increases are appropriate for documenting your requests here. MICE A.l D P0 LJC`F CHAli E*, lwxf R1 ' 4 NJPA's due diligence regarding product and price change requests is to consider the reasonableness of the request and document consideration on behalf of our members. We would appreciate it if you would send the following documentation to request a pricing change; 4.41.1 A corer letter: a. Please 'address, the fol lowing subjects in your cover letter: 1. What prod uct/sery ice prices are char�gi n ` ii I Iow much are the. prices changhig 1110, by arc the pries changing` iv. Any additions or deletions from: the previous product list and the reason for the changes. b. The specifics -of the product/services and price changes will be listed in the excel spreadsheets identified below: Please take a more general _``Disclosure" approach to identifying changes in the cover letter* i. If appropriate., for exampic, state, `All paper products/services increased 5_% in price due trait put'tation costs.' i i. If appropriate, for i nsaance, state f "The 6400 series floor polisher added to the lei°odiict list r the new model. replacing the 5400 series. The 6400's, % price Increase -reflects the rate of inflation over the past year. The 5400 series. is now included in the "Hot fist" at a o�'.�'o discount from previous pricing until remaining inventory is liquidated." 4.41.2 An excel spreadsheet identifying all productslserrr'Ices being offered and their pricing. Each subsequent pricing update willbesaved using the naming convection of "[Vendor Name] pricing effective X ./X I .`` a. include all products/services regardless of whether their prices have changed. By observing this convention we will: i. Reduce confusion by providing a single, easy to find, current pricing sheet for each Vendor. ir. create hlstorlcal record of pricing. L. SINGLESTATEMENT PRICIN x/1-4l `l CA .4 �� 11.1.E OF PRICIM 4.42 Initially; and with each request for product addition, deletion, and pricing. change; all 18 of 47 productslservIces and services available, and the prices for those products/services and services will be stated in an Excel workbook. The request for price changes described above will serve as the documentation for those requested changes. Each complete pricing tilt will be identified by its `KEffe+ctive Date."" Each successive price listing identified by its `Effective Date" will create a "Product and Price History" for the Contract. 4.43 Proposers may use the multiple tabs available in an Excel wordbook to separately list logical product groupings or to separately list product and service pricing as they see fit. 4.44 All products/services together with their pricing, whether changed within the request or remaining unchanged, will be stated on each "Pricing" sheetcreated as a result of each request for product, service, or pricing change. 4.45, Each subsequent "Single Statement of Product and Pricing' will be archived by its effective date therefore creating a product and price history for any Contract resulting from this R.FP. M. PAYMENT TERMS 4, 4b Payment terms will be defined by the Proposer in the Proposer's Response. Proposers are encouraged to offer payment terms through P Card services. 4.47 Leasing- If available, identify any leasing programs available to NJ and NJPA Members as part of o your .proposed. Proposers must submit an example of the lease agreement to be used. Proposers must identify; + {general leasing terms such as. o The percentage adjustment over/under an index rate used in calculating the internal rate of return for the lease: and o The index rate being adjusted and o The "Purchase Option" at ledse maturity ( 1, or fair market value), and o The available terns in months of lease(s) available. Leasing company information such as: o The name and address of the leasing company; and o Any ownership, common ownership, or control between the Proposer and the Leasing Company 4.48 Sates and other taxes, where applicable, shall not be included in the prices quoted. Vendor will charge state and local sales and other taxes on items for which a valid tax exemption certification has not been provided. Each NJPA Member is responsible for providing verification of tax exempt status to Vendor. when ordering, if applicable, NJPA Members must indicate that they are tax exempt entities. Except as set forth herein, no party shall be responsible for taxes imposed on another party as a result of or arising from the transactions contemplated by a Contract resulting from this RPP. 0. SHIPPING AND SHIPPING PROGRAM 4 Shipping program for material only proposals, or sections of proposals, must be defl:ned and tabbed under Tab 9 as a part of the cost of goods. if shipping is charged to NJPA or NJPA Member, only the actual cost of delivery may be added to an invoice. Shipping charges calculated as a percentage of the product price may not. be used, unless such charges are lower than actual delivery charges. No COD orders will be accepted. It is desired that delivery be made within ninety -days (90) of receipt of the Purchase order. 4;,'" Any shipping cost charged to NJPA or NJPA Members will be considered to be pat of "proposal pricing." 19 of 47 4 Additional costs for expedited deliveries will be at the add Clonal shipp g or handling expense to the NJPA Member. 4.52 Selection of e carrier for shipment will be the option of the party paying for said shipping. use of another carrier will be at the expense of the requester. 4.53 Proposers must define their shipping programs for Alaska and Hawaii and any location not served by conventional shipping services. Over -size and over-weightitems and shipments may be subject to custom freight programs. 4.54 Proposals containing restocking fees are less advantageous than those not containing re -stocking fees. That being, sa:ld, certain industries cannot avoid restocking fees.. Certain industries providing made to order goods may not allow returns. with regard to returns and restocking fees, Proposers will be evaluated based on the relative flexibility extended to NJPA and NJPA Members relating to those subjects. where used, restocking fees in excess of 1.5% will not be considered excessive. Restocking fees may be waived, at the option of the Proposer/Vendor. Indicate all shipping and re -stocking fees in price program under Tab 9. 4.55 . Proposer agrees shipping errors will be at the expense of the Vendor. For example, ifd Vendor ships a product that was not ordered by the member, it is the responsibility of the 'vendor to pay for return mail or shipment at the convenience -of the member. 4 Unless specifically stated otherwise in the "Shipping Program" of a Proposer's Response, all prices quoted must be F.O.B. destination with the freight prepaid by the Vendor. Time is of the essence on this Contract. If completed deliveries are not made at the time agreed., NJPA or NJPA, Member reserves the right to cancel and purchase elsewhere an.d hold Vcildor accountable. if delivery dates cannot be. met, Vendors agrees to advise NJPA or NJPA. Member of the earliest possible shipping date for acceptance by NJPA or NJPA Member. 4.57 foods and materials must be properly packaged.. DamW- d goods and materials Neill not be accepted, or if the damage is not readily apparent at the iternofdelivery the goods shall lie retumed at no cost to NJPA or NJPA Member. NJPA and NJPA Members reserve the right to inspect the goods at a reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of the goods at the time of delivery. 4.58 Vendor shall. deliver contract cnnfonning products in each shipment and may not substitute products without approval from NJPA Member. NJPA reserves the aright to declare a breach of Contract if the Vendor intentionally delivers substandard or inferior products which are not under Contract and described_ in its paper or electronic price 1 ists or sourced upon request to any member under this Contract In the event of the delivery of a non -conforming product, NJPA Member will immediately notify Vendor and Vendor will replace non- conforming product with conforming product. ,4.60 Throughout the tern of the Contract, Proposer agrees to pay .for return shipment on goods that arrive in a defective or inoperable condition. Proposer rust arrange for the return shipment of damaged goods. 4 Unless contrary to other pare of this solicitation, if the goods or the tender of delivery fail in any respect to conform to this Contract, the purchasing member may: l) reject the whole, 2) accept the whole or ) accept any commercial unit or units and reject the rest. ,P. NORMA14 WORKING HOURS 4 Prices quoted are for products/services delivered during normal business hours. 'ormal Business 20 of 4:7 hours will be as specifically defined herein, defined through industry standards OR defined through statement contained -in the purchase/work order issued pursuant to a Contract resulting from this R.FP. 5.1 Internal Marketing Plan; An award of Contract resulting from this RFP is an opportunity for the awarded contractor to pursue commerce with, and deliver value to 'NJPA and NJPA Members nationwide. An award of Contract is not an opportunity to see how much business NJPA can drive to an awarded Vendor's door. Your internal marketing plan should serve to: ,,1 l identify the appropriate levels of sales management wham will need to understand the value of, and the internal procedures necessary to deliver this Contract opportunity to NJPA and NJPA Members through your sales :force. ! 1 2 Identify, in general, your national foot print and dedicated feet -on -the -street sales :farce that will be carrying this Contract message and opportunity in the .field to NJPA Members. Outline the sale force in terms of numbers and geographic distribution. s1� Identify whether your sales force are employees or independent contractors. Identify your plan for delivering training to these individuals. 5.1, 1.3.1 Will you have your sales force gathered at national or regional events in the near future? Does you sales force have the ability to participate in webinar or webcast events? 5s1.3.2 NJPA is prepared to provide our personnel in your location for salestraining and/or on a webinar or webcast where sufficient efficiencies can be shown in reaching the appropriate groups within your employee base, and suffic +ent numbers of personnel trained. denriiy your personnel involved in training. 5.1.1 NJPA can provide personnel to deliver training regarding the Contract itself, the authority of NJPA to offer the Contract vehicle to its Members, the value the Contract vehicle delivers to NJPA and rNJPA Members, the scope of NJPA Membership, and the authority of NJPA Members to utilize our procurement contracts. .1 Your personnel will 'be needed to provide training regarding employee compensation and internal procedures when delivering the Contract opportunity, and how this Contract purchasing opportunity relates with other such opportunities available. 1.2 Success in marketing is dependent upon l) the delivery of value as defined in section l .4, 2) the delivery of knowledge of the program and its proper use and utility, and 3) the delivery of opportunity and reward which creates a personal commitment to the program. NJPA desires a marketing plan that: a— identifies the value delivered in a competitively proposed national cooperative procurement contract by relieving both the NJPA Member and the vendor/Vendor's sales staff of the responsibility for bringing and answering many similar and individual RFP's; and 5.2.2 identifies the appropriate Vendor -personnel from both management and sales staffs ,who will be. trained on the use and utility of such a contract and a general schedule of when and how those individuals will be trained; and identifies in general how the reward system for the marketing, delivery, and service chain of the Vendor will be affected by the implementation of the proposed Contract and how that will be 21 of47 proposed to those individuals in terms of the value created for them and their departments in 5.1.1 above. 5.3 External Marketing Plan: NJPA is seeking the ability to serve all our current and potential members nationwide. The Proposer must demonstrate the ability to both market and service their products/services/services nationwide. Please demonstrate your sales and service force contains sufficient people in sufficient proximities, to receive the knowledge, opportunity, and reward in order to make a personal commitment to serving NJPA and NJPA Members nationwide. 5.4 The Proposer must exhibit the willingness and ability to develop marketing materials and participate in marketing venues such as: 5.41 Printed Marketing Materials. Proposer will initially produce and thereafter maintain full color print advertisements in camera ready electronic format including company logos, identifying the Vendor, the Vendor's general utility for NJPA and NJPA Members, and contact information to be used by NJPA and NJPA Members in a full page, half page, and quarter page formats. These advertisements will be used in the NJPA Catalog and publications. 5 4_2_ Press releases and advertisements. Proposer will identify a marketing plan identifying their anticipated press releases, contract announcements, advertisements in industry periodicals, or other direct or indirect marketing activities. 5 4 3 Proposer's website. Proposer will identify how an Awarded Contract will be displayed on the Proposer's website. An online shopping experience for NJPA and NJPA Members is desired when applicable and will be viewed as a value-added attribute to a Proposer's Response. 5.4.4 Trade Shows. Proposer will outline their proposed involvement in the promotion of a Contract resulting from this RFP through trade shows. Vendors are encouraged to identify trade - show, and other appropriate venues, for the promotion of any such Contract. Vendors are strongly encouraged to participate in cooperation with NJPA at the following NJPA embraced trade shows: NAEP National Association of Education Procurement I-ASBO International Association of School Business Officials NIGP National Institute of Government Purchasing 5.5 Proposer must also work in cooperation with NJPA to develop a marketing strategy and provide avenues to equally market and drive sales through the Contract and program to all NJPA Members rationally. Awarded Vendor agrees to actively market in cooperation with NJPA all available products/services to current and potential NJPA Members. NJPA reserves the right to deem a proposer non -responsive or to waive an award based on an unacceptable marketing plan. 5.6 As a part of this response, submit a complete Marketing Plan on how you would help NJPA rollout this program to current and potential NJPA Members. NJPA requires the Vendor actively promote the Contract in cooperation with the NJPA. Vendors are advised to consider marketing efforts in the areas of 1) Website Link from Vendors website to NJPA's website, 2) Attendance and participation with a display booth at national trade shows as agreed upon/required by NJPA, and 3) Sales team and sales training programs involving both Vendor sales management and NJPA staff. NJPA requires awarded Vendors to offer the NJPA Contract opportunity to all current and qualified NJPA Members. 5.7 Facilitating NJPA Membership: Proposer should express their commitment to determine the membership status of their customers whom are eligible for NJPA Membership, AND their commitment to establishing that membership. 22 of 47 5.7.1. Membership information: Proposer should further express their commitment to capturing sufficient member information as is deemed necessary by NJPA to appropriately facilitate membership and certain marketing, activities as agreed to by NJPA and an Awarded contractor. 6.1 Scaled and properly identified Proposerls Responses for this RFP entitled "PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARATUS, EQUIPMENT AND/OR ACCES PRIE " will be received by Gregg Meierhofer, Manager of Bids and Contracts, at NJPA Offices, 200 First Street NE, Staples, ITN 56479 until the deadline for receipt of, and opening of proposals at 2:00 p.m. on lurch 1.7, 2010. The NJPA Director of Contracts and Marketing, or Representative from the NJPA Proposal Review Committee, will then read the Proposer's names aloud. A summary of the responses to this RFP will be made available for public insp+cction in the NJPA office in. Staples, MN. Specifications are available for pick up or mail delivery beginning February 15, 2010 and continuing until 4:00 P.M. on March 8, 2010. A letter or e-mail request is required rto receive a complete RFP package, Seed or communicate all requests to the attention of Gregg IVleierhofer 200 1' Street Northeast Staples, MN 56479 or RFP@njpacoop.org to receive a complete copy of this RFP. Method of delivery needs to be indicated in the request; an email address is required for electronic transinission. Oral facsimile, telephone or telegraphic Proposal Submissions or requests for this RFP are invalid and will not receive consideration. All Proposal Responses must be submitted in a sealed package. The outside of the package shall plainly specify "PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARATUS, EQUIPMENT AND/OR ACCESSPRIES11 To avoid premature opening, it is the responsibility of the Proposer to Label the Proposal Response properly. 7.1 NJPA will use a 1,000 Point Evaluation System to help determine the best overall Proposer(s) selection. Bonus paints may be available for specific proposal characteristics identified such as "Green Product Certi cations." NJPA reserves the right to use a Most Scoring Evaluation'� through a product comparison process of like productslservices. This process will establish points for submitted price levels. See Cost Scoring Evaluation. 3 NJPA shall use a final overall scoring system evaluation. The total possible scare is 1,000 paints,. point wards or penalties it considers warranted if limitations of liabilities, to include consideration for best price and cost NJPA reserve's the right to assign any number of a Proposer stipulates exceptions, exclusions, or 7.4 To qualify For the final evaluation, a Proposer must have been deemed responsive as a result of the criteria: set forth under "Proposer Responsiveness. '7, .5 Responses will be evaluated first for responsiveness and thereafter for content. The NJPA Board of Directors will make awards to the selected Proposer(s) based on the recommendations of the Proposal Review Committee. `fhe procurement activities of the NJPA Proposal Review Committee are limited to document preparation, answering Proposer questions, advertising the solicitation, distribution of this RFP upon request, conducting an evaluation and snaking recommendation for possible approval to NJPA Board of Directors. 23 of 47 7 7, Proposer?s Responses received after the deadline for submission will be invalid and returned to the Potential Proposer unopened. 8 An essential part of the proposal evaluation process is an evaluation to qualify the Proposer being considered. All proposals must contain annoyers or responses to theinformation requested in the proposal forms. Any Proposer failing to provide the required documentation may be considered non -responsive. Deviations or exceptions stipulated in Proposer's Response may result in the proposal being classified as non responsive. 7.10 To quaiif r for evaluation, a proposal must have been submitted on time and materially satin all mandatory requirements identified in this document. A proposal must reasonably and substantially conform to all. the terms and conditions in the solicitation. to be considered responsive, The Proposal Review Committee shall utilize the following criteria to evaluate all proposals received. _Items 1-4 constitute the test for "Level one Responsiveness'' and are determined on the proposal opening date. "Level 2" responsiveness is determined through the evaluation of the remaining items listed below. Thee items are not arranged In 'order of importance and each Item nay encompass multiple areas of information requested. The proposal response *irs received prior to the deadline for submission', 2. The proposal package was properly addressed and identified. 3. The proposal response contains the required proposed security. . The proposal response contains original signatures on all documents requiring such. Certificate of Insurance as required herein.. . response"s conformance tote.nInS and conditions as described its the solicitation, including, doc����et�tati:on, 7. Possesses qualifications as a responding Proposer that tees or exceeds those set within the solicitation. 8. lnfom at on from references and past performance information. including past member approval. 9. demonstrates that they offer the most current industry, standard products/services and/or services. 10. Demonstrates financial stability and a favorable banking l ine of credit. 11. Demonstrates their pro uct.s/' ervices and/Orr services proposed meet and/or exceed industry standards accepted by educational or .governmental instittitiOnS. fir. Has demonstrated market place success and their pest. performance exhibits an acceptable reputation. l 3. Demonstrates the company: possesses the background, Knowledge, capacity, and ability to sell, deliver, and support products/services offered to Members. 14.. Has provided documentation. defining, outlining, and describing; their concept of a national marketing program they will be implementing to facilitate and coordinate the cooperative activities required by An awarded Contract 15. Has provided all of the required and ap`pl*cable documentation requiredi.e. proposed security, insurance certificates, licenses, and/or registration certificates required to do business nationally. 16. Line -/ten Pricing, in Approved excel format, listing of all of the proposed products/services, and warranty provisions with their associated units of costs. 17. Core .gist selection of products/services in Line -Item, Pricing format 18. Hot List. Pricing productstservices i a L ne- tem .Pricing format (where applicable). 19. Contract pricing submitted as requested to include core list or products/services, Line -Item Pricing and/or Percentage Discount from published gov/e+d price list or Catalog, 24 of 47 d"NAMMON1067.12 If a manufacturer or supplier chooses not to produce or supply goods and services to meet the scope of this RFP, such action will be considered sufficient cause to reduce evaluation points. Consideration will be given in the award based on the completion and degreeof information provided regarding available products, equipment, and accessories, as well as, applicable parts of the Proposer Information and Questionnaire. The fact a manufacturer or supplier chooses not to produce or provide equipment products or services to meet the intent and scope of this RFP will not be considered sufficient cause to adjudge this RFP as restrictive. The Proposer is required to have extensive knowledge and at least three (3) years experience with the related activities surrounding the selling of the equipment, service or related products offered. 7,16 NJPA reserves the right to accept. or reject newly formed companies solely based on information qWWROIN"Imp provided in the proposal and/or its own investigation of the company. Consideration will be given in the proposal evaluation. based upon the selection, variety, technological advances, and demonstrated quality of products submitted, technological advances, and pricing. The ability of the Proposer to communicate the value of these factors and to demonstrate how the depth and breadth of their product and service offerings provide NJPA. and NJPA Members with a sole source of responsibility within the scope of this RFP will be positively reviewed. 7.18 Consideration will also lie given to proposals demonstrating technological advances, provide increased efficiencies. expanded service and other related improvements beyond today!' s- NJPA member's needs and applicable standards. T. Strong consideration will be given to a Proposer's past. performance, distribution model., and the demonstration their abl'ifty to effectively market and service NJ.PA Membership nationally. 7.20 Strong consideration will be given to the best price as it relates to the quality of the product and. i servIce. However, price is ultimately one of the factors taken into consideration in evaluation and award. 7.21 Evaluation of a Proposer's Responses will take into consideration as a minimum response but not necessartUy limited to the following: I . Adherence to all requirements of this RFP as defined by itidustry standards. 2. Prior knowledge of and experience with a Proposer in terms of past performance and market place success. 3. Capability of meeting or exceeding current and future needs or requirements of NJPA and NJPA Members. 4. Evaluation of Proposer:s ability to market to and provide service to all NJPA Members nationally. 5. Financial condition of the Proposer. 6. Nature and extent of company data furnished in Proposer's Response. 7. Quality of -products, equipment, and services offered including value added related services. 8. History of member service to NJPA type customers. 9. Overall ability to perform sales, solutions and contract support as submitted. 1.0. Ability to meet service and warranty needs. H. History of meeting shipping and delivery expectations of contracted products/ services. 12. Technology advancements and related provisions. 13. Ability to market and promote the Contract within current business practices. 14. Willingness to develop and enter 'Into NJPA Contract and business relations. 25 of 47 1 . Favorable bond- rating and applicable industry standard licensing ability. 16.. Past market place successes and brand recognition. 17. Demonstrated warranty and product/service responsibility. Z..22 The Proposer's ability to follow the proposal preparation instruction set. forth in this solicitation will also be considered to be. an indicator of the Proposer's ability to follow other future instructions should they receive an award as a result of this solicitation. Any Contract between NJPA and a proposer requires the delivery of information. and data. The duality of organization and writing reflected in the proposal will be considered an indication of the quality of organization and writing which would be prevalent if a Contract was awarded. As a result, the proposal will be evaluated as a. sample of data submission. '7„ proposal roust have been submitted on time and materially satisfy all mandatory requirements identified in this document. 7.24 NJPA reserves the right -to reject the Proposer's Response of the apparent successful Proposer where the available evidence or information does not exhibit the ability or intent to satisfy NJPA that the potential vendor is unable to properly carry out the terms of this Rl.l `P and potential Contract. 7.25 NJPA shall reserve the right to reject ;any or all proposals. 'NJPA also reserves the right to re#eet a proposal not accompanied by required bid security, other data regh:ired by this.l~P, or if a'roposer's Response is incomplete or irregular. The NJPA shall reject. all proposals where there has been collusion among the Proposers. Overall Evaluation (FORM ) • The NJPA Proposal Review Committee will evaluate proposal received based on a 1,000 point evaluation system. The Committee will. establish both the evaluation c�riter a and designate the relative importance of those criteria by assigning possible scores for each category. 7.27 Bonus :evaluationPoints- Bonus evaluation paints may be awarded by the NJPA Proposal Review ominittee based on criteria identified as being both "optional" and "having, additional value" 1 . ("0 " t..`ORING 1-.V ..J.,,.JA­Ht. 7.28 Cost evaluation may he used to make a best value determination. NJPA reserves the right to use this process in the event the evaluation committee feels it is necessary to make a final determination. 7 This process will be based on a point system with points being awarded for being low to high .Proposer for each east evaluation item selected. A "Market Basket"' of identical (far substantially similar) products/services shall be selected by the NJPA proposalReview- Committee and the unit cost will be used as a basis for determining the point value. The "Market Basket:" will be selected by NJPA from: all product categories as determined appropriate by NJPA. The low priced Proposer will receive the full point value and all other Proposers will receive points as follows: f.o est price Proposal 5 (where there are five proposers), and inferior proposals = 4, 3, 2, 1 points each. The Total Score for each proposer will he the stern of all points earned. The result of this process shall not be the sole determination for award. 7 NJPA reserves the right to request and test products/services and/or services from the apparent successful Proposer. .Prior to the award of the Contract, the apparent' successful Proposer, if requested by NJPA, shall furnish current information and data regarding the Proposer's resources., personnel, and organization within three (3) days. 26 of4 7.31 .Past performance information is relevant information regarding. a Proposer's actions under previously awarded contracts to schools, local, state, and governmental agencies and non-profit agencies. It includes the Proposer's record of conforming to specifications and standards of good workmanship. The Proposer's history for reasonable and cooperative behavior and commitment to member satisfaction shall be under evaluation. Ultimately, Past Performance Information. can be defined as the Proposer's businesslike concern for the interests of the NJPA Member. :J} WAIVER 01" l`t:tRM_..!'H1K:S 7.32 „NJPA. reserves the right to waive any minor formalities or irregularities in any proposal and to accept proposals, which, in its discretion and according to the lair, may be in the best interest of its members. 8.1 Purchase order- Purchase Orders for goods and services may be executed between. NJPA. or NJPA Members (Purchaser) and awarded vendor(s) or w'endor's sub -contractors pursuant to this invitation and any resulting Contract. NJPA Members are instructed to identify on the face of such Purchase orders that "'This purchase order is issued pursuant to NJPA procurement contract #XXXXXX." A Purchase Order is an offer to purchase goods and services at specified prices by NJPA or NJPA Members pursuant to a Contract resulting from this RFP. Purchase Order flaw and procedure will be developed ,jointly between NJPA and an Awarded vendor after an award is made. 8,2 GLaw- Purchase Orders. as identified above, shall be construed in accordance with, and governed by, the la%vs of a competent jurisdiction: with respect to the purchaser. 'Each and evM provision of law and clause required by law to be included in the Purchase Order shall be read and enforced as though it were included. if through mistake or otherwise any such provision is not included, or is not ctirrently included, then upon application of either part the Contract shall be physically amended to male such inclusion or correction. The venue for any litigation arising out of :disputes related to Purchase Order(s) shall be a court of competentiurisdiction to the Purchaser. 1.1 Additional Terms and Conditions- Additional terms and conditions to a :Purchase Order may be proposed by NJPA, NJPA Members, or Vendors. Acceptance of these additional terns and conditions is OPTIONAL to all parties to the Purchase Order. The purpose of these additional terms and conditions is to, among other tbings; formerly introduce job or industry specific requirements of lad such as prevailing, wage is islation. Additional terms and conditions can include specific local policy requirements and standard business practices of the issuing Member. Said additional terms and conditions shall not interfere with the general purpose and intent of this RFP. 8.4 Asset Management Contracts: Asset Management type contracts can be initiated pursuant to a Contract resulting from this R.FP at any time during the term of said Contract. The establishment of such Asset Management: Contracts cannot exceed the authorized term of a Contract resulting: from this RFP; however the Asset Management Contract term may extend beyond the maturity date of a Contract resulting from this RFP. 8.5 Specialized ServiceRequirements- In the event service requirements or specialized performance requirements such as e-commerce specifications, specialized delivery requirements,, or other specifications and requirements not addressed in the Contract resulting from this RFP, NJPA Member and Vendor may enter into a separate, stand alone agreement, apart from a Contract resulting from this RFP. Any proposed service requirements or specialized performance requirements rewire prey -approval by Vendor. Any separate agreement developed to address these specialized service or performance requirements is exclusively between the NJPA Member and Vendor. NJPA., its agents, Members and 27 of 4- 7 employees shall not be rude party to any claim for breach of such agreement. Product sourcing is not. cc►ns'de-red a service, NJPA Members will need to conduct procurements for any specialized services not identified in this Contract. 'Performance Bond- At the request of the member, a Vendor will provide all performance ends typically and customarily required in their industry. These bonds will be issued pursuant to the - requirements of Purchase Orders for goods and services. If a purchase order s cancelled for lack. of a required performance bond, it shall be the recommendation of NJPA that pending Purchase Orders with all NJPA members be considered for cancellation. Each member has the final decision: on Purchase Order continuation. ANY PERFORMANCE ANCE BONDING REQUIRED BY THE MEMBER BER R CUSTOMER STATE LAWS OR LOCAL POL ICY IS TO BE MUTUALLY AGREED UPON AND SECURED BETWEEN THE VENDOR AND THE SI"10 ER/MEMBBR, [31, N.41 MF 1� 1. 1t:: -1. J1� 1 1 i:: t [ I::1 141 .7 A Potential NJPA Member is generally stated as any unit of government, education, or non-profit organization nationwide (and with possible international distribution), A properly executed Membership creates the necessary "Paper "rail" connection between the Member and NJPA. Membership in NJPA is required to participate in any NJPA contract. Any Member of NJPA who is in compliance with the terms and conditions of membership shall have the option and f're drr n to access any of - the procurement contracts of NJPA. 9.8 Awarded "vendors. must agree to facilitate in the NJPA Membership process as part of connecting NJPA members to NJPA contracts. Potential NJPA Members may request membership with NJPA through the following methods. Potential :members. can complete their membership through on-line submission or through a printable form available on—line at n pacoop.org.. Potential Membersmay also submit proposed ienbership dordrnentatiocwhich complies with their State and local Laws, rules and regulations for N.1PA review. .9 As part of the Contract award, it is the responsibility of the Vendor to facilitate the membership process. 8110 it is agreed the completion of a Member Sign-up form 'orm expressing the Qualifying Member's decision to participate under a Contract resulting from this RPP, signiffies. the NJPA 1' ember's acceptance of a Contract resulting from this R. 'P, and. all is specifications terns and conditions therein. L At K:l" I V 1 " 8.11 A report of the total gross dollar Volume of all products/services purchased by NJPA Members as it applies to this RIP and Contract will be provided quarterly to NJPA The: form and content of this reporting will be developed by NJ.PA ]in cooperation with the Vendor to include, but not limited to name and address of purchasing agency, amount of purchase, and a description of the items purchased, 1.). A 1)1"1' 8 12 During the Term, Vendor will, upon not less than fourteen (14) business days' prior written r quest, make available to NJPA no more than once per calendar year, at Vender's corporate offices, during noninal business hours, the invoice reports and/or invoice documents from Vendor pertaining to all invoices sent by Vendor and payments made by NJPA members far. all products/services purchased under this Contract. NJPA nay employ an independent auditor or NJPA may choose to conduct such audit- on its own behalf. Vendor shall have the right to approve the independent auditor,+ which approval shall not be unreasonably withheld. Upon approval and after the auditor has executed an appropriate confidentiality agreement, Vender will permit the auditor to review the relevant Vendor documents. NJPA shall be responsible for paying the auditor's fees. The parties will make every reasonable effort to fairlyandequitably resole discrepancies to the satisfaction of both parties. Vendor agrees that the NJPA 28 of 47 may audit their records with a reasonable notice to establish total compliance and to verify prices charged hereunder of the Contract are being met. Vendor agrees to provide verifiable documentation and tracking in a timely manner. l ltr l3 1)AR 1N I R 813 Hub Partner: When Applicable, NJPA Members may, from time to time, request a Vendor resulting from this RF P to serve them through a "Hub Partner" for the purposes of complying with a Law, Regulation, or Rule to which the 'Individual NJPA Member deems to be applicable in their jurisdiction. It An Awarded vendor resulting from this RPP may reject such a request provided they provide written notice of that rejection. 8.14 Hub PartnerFees- Fees, costs, or expenses levied upon the NJPA Member CAR the vendor for the services provided by the Hub Partner in the transaction provide that: .141 The NJ'PA Member be notified by the vendor that additional charges may apply, and 8.14.2 The Vendor document the transaction to be `executed for the Benefit of NJPA Member arnel" on the face of all transactional and warranty documentation. 5 Where Appropriate, the value in US Dollars, ofTrade-ins will be negotiated between NJPA or an NJPA Member, and an Awarded Vendor, That identified "Trade -In" value shall be credited in full against the NJPA purchase price identified in a purchase order issued pursuant to any Awarded NJPA procurement contract.. The full value of the trade-in will be consideration to that purchase order, ... ....� 1. t.�l" "?'f( "K 011l` 8.16 Vendor shall irnmedately notify NJPA members upon receipt of order(s) when an out -of -stock occurs. 'vendor shall inform the NJ'PA member regarding the anticipated date of availability for the out- of- stock items), and may suggest equivalent substitute(s), The: ordering organi7stion shall have the option of accepting the suggested equivalent substitute., or canceling the item from the order. Under no circumstance is Proposer permitted to make unauthorized substitutions. Unfilled or substituted item(s) shall be indicated on the packing List, F `C.ry`kON II, (.:w gNJPA reserves the right to cancel the whole or any part of a resulting Contract due to failure by the Vendor to carry out any obligation, term or condition as described in the below procedure. Prior to any termination for cause, the NJPA will provide written notice to the Vendor, opportunity to respond and opportunity to cure according to the steps in the procedure in this Cancellation Section. Some examples of material breach are the following: • The Vendor provides material that does not meet reasonable quality standards and is not remedied under the warranty; • The 'vendor fails to ship the products or provide the services within a. reasonable amount of time; • NJPA has reason to believe they Vendor will not or cannot perforin to the requirements of the Contract and issues a request for assurance as described herein and Vendor fails to respond; The Vendor rails to observe any of the material terms and conditions oft -he Contract; and/or, The Vendor fails to follow the established procedure for purchase orders, invoices anchor receipt of funds .as established by the NJPA and the 'vendor in the Contract. • The Vendor fails to report quarterly sales volume; 29 of47 10 The Vendor fails to actively market this Contract within the guidelines provided in this � � and the expectations: of NJPA, .8 Each party shall follow the below procedure if the Contract is to be terminated for violations or non-performance issues: Step 1: Issue a warning letter outlining the violations and/or non-performance and state the length of time ( l 0 days) to provide a. response and correct the problern(s) if reasonably possible in such time frame Step 2 Issue a letter of intent to cancel Contract, if the problem(s) is not resolved within fifty (50 days. Step 3 issue letter to cancel Contract for cause. 8.19 Upon receipt of the written notice of concern, the 'vendor shall have ten :10) business days to provide a satisfactory response to the NJPA. Failure on the Part. of the Vendor -to reasonably address all issues of concern may result in Contract cancellation pursuant to this Section. 8.20 Any termination shall have no effect on purchases that are in progress at the time the cancellation is received. by the NJP .. The NJPA reserves the right to cancel the Contract immediatelyfor convenience, without penalty or recourse, in the event the Vendor is not responsive concerning the remedy, the performance, or the violation issue within the time frame, completely or in part. NJPA reserves the right to cancel or suspend the use bf any Contract resulting from this R P if the Vendor files for bankruptcy protection or is acquired by an. independent third. party. Prior to commencing services ender this Contract, the Proposer/Vendor must furnish NJPA certification from insurer(s) proving level of coverage usual and customary to the specific industry. The coverage is to be maintained in full et`fect dtjra.n the (,* ntracrt per'l.od. Vendor must be willing to provide upon request, �e i tioo of insurance to any NJPA member or member using this Contract. 8.22 Either- party may execute Contract terminationwithout- causeWitt-1 a ivq red 0-d written notice of termination. Termination of Contract shall not relieve either party of financial. product or service obligat one incurred or accrued prior to termination. 8.23 NJPAmay cancel any Contract resulting from this solicitation without any further abl ation if any l' JP employee significantly involved: in initiating., ne otlatin , securing, drafting or creating the Contract on behalf of the NJPA is found to be in collusion with any proposer to this RFP for their personal gain. Such cancellation shall be effective upon written notice from. the NJPA or a later dateif so designated in the notice given. A terminatedContract shall not relieve either paw of financial, product or service obligations due to participating member or NJPA Events of automatic termination to include. • vendor's or NJPA►'s voluntary or involuntary bankruptcy or Insolvency� Vendor's fa.11ure to remedy a material breach of a Contract resulting from this R P within sixty (60) days of receipt of notice froth NJPA specifying in reasonable detail the nature of such breach; and/or:, �► Receipt of written information. t~rom any authorized agency finding activities of Vendors engaged in pursuant to a Contract resulting from this R P to be in violation of the. law. 9.1. As a policy, NJPA. shall advertise this solicitation l) for two consecutive -creeks in both the print and OWPAWIAM on-line editions of the MINNEAP!QLIS STAR 'TRIBUNE :) it shall. be placed on a national wire service 30 of 47 by the MINNEA.POL15 STAR TRIBQN.E. 3) it shall be posted on NJPA's website, 4) it shall be posted to the NJPA website and "Noticeto-bidders.com," and 5) it shall be posted to other third -party websites deemed appropriate by NJPA. Other third party advertisers may include Onvia and Bidsync. B. ADVER]"ISING OF A CON'UR. A( 71' RUSL4.1ING [ROMT111S R1`111 9. WOW~2 ProposerNendor shall not advertise or publish. information concerning this Contract prior to the. award being announced by the NJPA. Once the award is made, a Vendor is expected to advertise the awarded Contract to both current and potential NJPA Members. C', A1)111.--.1(:A.BLJ'.,1 LAW 3 NJPA Compliance with Minnesota Procurement Low: Contracts awarded through NJPA are intended to meet the procurement. laws of all states and NJPA will exhaust all avenues to comply with as many state laws as possible. It is the responsibility of each participating NJPA member to insure to their satisfaction that these laws are satisfied. An individual NJPA member using these contracts is deemed by their own accord to be in compliance with proposal regulations. NJPA encourages the awarded Vendor to assist NJPA and the NJPA member in this research to the benefit of all involved. 9.4 Governing Law: All applicable portions of the Minnesota Uniform Commercial Code and all other applicable Minnesota laws shall govern contracts with the National Joint Powers Alliance& Any claims pertaining to this RFP and any resulting Contract that develop between NJPA and any other party must be brought forth only in courts in Todd County in the State of Minnesota. 2..5 Vendor Compliance with applicable bw* Vendor(s) shall comply with all federal, state, or local laws applicable to or pertaining to the sale of the products/services resultina from this RFP. All such laws, whether or not hercin contained, shall be included by this reference. It shall be Proposer's/Vcndor's responsibility to determine the applicability and requirements of any such laws and to abide by thein. 2.6 Indemnlity*, Bach party agrees it wil I be responsible for its own acts and the result thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. NJPA's. liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section §3.736, and other applicablelaw. 9 & Prevailing Wage. It shall be the responsibility of the Vendor to comply, when applicable, with .7 jurisdiction prevaj ing wage legislation in efibet in the of the purchaser (NJPA or NJPA Member), It shall be: the responsibility of the Vendor to monitor the prevailing wage, rates as established by the appropriate department of labor for any increase in rates during the term of this Contract and adjust wage rate accordingly. 9.8 Patent and Copyright 'infringement: if an article sold and delivered to NJPA or NJPA Members hereunder shall be protected by any applicable patent or copyright, the Vendor agrees to indemnify and save harmless NJPA and NJPA. Members against any and all suits, claims, judgments, and costs instituted or recovered against it by any person whosoever on account of the use or sale of such articles by NJPA or NJPA Members in violation or right under such patent or copyright. W 1), ASSI(INMEN]" OF CONIRA(1011 No right or interest in this Contract shall be assigned or transferred by the Proposer/Vendor without prior written permission by the NJPA. No delegation of any duty of the Ptoposer/Vendor shall be made without prior written permission of the NJPA. The NJPA shall notify the members within fifteen (15) days of receipt of written notice by the Vender. After issuance the awarded Contract may be reassigned to a comparable Vendor at the discretion of NJPA. 31 of 47 tf the orVendor sells or transfers all assets or the entire portion' the assets used to perform .JOthis Contract, a successor in C'interest must guarantee to perform all obligations under this Contract. NJPA reserves the right to reject the acquiring person or entity as a Vendor. A simple change of name agreement will not change the contractual obligations of the Vendor. 1: P1:O11OS1 "rl 1..1 ..:1; ,. 11 NJP`A -will not maintain or communicate cate to a proposers list. All interested proposers must respond to the solicitation as a result of one of the methods of proposal advertisements listed above. because of the scope of the potential Members and national Vendors, I JPA has determined this to be the best method of fairly soliciting proposals. 9.12 The captions, illustrations, headings, and subheadings in this solicitation are for convenience and ease of understanding and in no way define or limit the scope or intent ofthis request. (J, (:.0NI" lDt N11AL. l F()RN1A.'l'l0 If e Proposer wishes to withhold any part of :its. proposal from public inspection, then a statement advising the I JPA of this fact shall accompany the submission:. NJPA shall review the statement to determine whether the information shall be withheld. if NJPA determines to disclose the information, the Executive ;director of NJP . shall inform the Proposer, in writing, of such d te.rm.ination _prior to award of i Contract to Proposer, 1, DA :l"A FIR l Ott A(.' ,9.14 Proposer agrees to abide by all applicable STATE and FEDERAL laws and regulations including t :I.PPA concerning the handling and disclosure of private and confidential information regarding individuals. Proposer agrees to hold NJPA harmless from Yts unlawful disclosure and or use of private/confidential information. The Contract, as defined herein, shall constitute the entire undemanding n between the parties to that Contract.. A Contract resulting from this R-FP is forni.ed when the NJPA Board of Directors approves and signs the applicable Acce tance. a:nd award Form document (see Form D). J, .f*-` �14 t ..1 l.iJ- 1 1; 9.17 Except for payments of sums due, neither ply shall be liable to the other nor deemed in 'default under this Contract if and to the extent that such party's performance of this Contract is prevented due to force rnajeure. The grin `"force m4jedre"' means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence including, but not limited to, the following: acts of God, acts of the public enemy, war, riots, strikes, mobilisation labor disputes, civil disorders, fire, flood, snow, earthquakes, tornadoes or violent wind, tsunamis., wind shears, squalls, Chinooks, blizzards, hail storms, volcanic eruptions, meteor strifes, famine, sink. holes, avalanches, lockouts, injunctions - Intervention -acts., terrorist events or failures or refusals to act by government authority and/or other similar occurrences where such party is unable to prevent by ex+� i ing rea n�nahle dillgcn . The force majeure shall _be deemed to commence when the party declaring force ma eure notifies the other party of the existence of the force n ajeure and shall be deemed to continue as long as the results or effects of the force'tnajeure prevent the party from. resuming performance in accordance with. a Contract resulting from this R P. Force majeure shall not include late deliveries of products/services caused by congestion at a 32 of47 manufacturer's plant or elsewhere, an oversold condition of the .market, inefficiencies, or other similar occurrences. if either party is delayed at any tine by force rnajeure, then the delayed party shall notify the ether parer of such delay within forty-eight (4 ) fours. 918 NJPA may cancel this Contract by written notice if it is found that gratuities, in the form of entertainment, ifts or otherwise, were offered or ;liven by the Proposer/Vendor or any agent or representative of the Proposer/Vendor, to any employee of the NJPA are deemed to be excessive with a view toward securing a contract or with respect to the performance of this Contract. I a l I'II:::tIt 1 f It 9, Proper Material Safety Data Sheets ( ADS), in compliance with OS A's Hazard Communication Standard, must be provided by the Vendor to NJ PA or 'N'JPA. Member at the time of purchase. 9„� 20 All claims and controversies between. NJPA and Vendor shall be subject to the laws of the Mate of Minnesota and are to be resolved in Todd County, Minnesota, the county in which NJPA is domiciled. `, 1.,I :'I... N: 1: 9.21Proposer/Vendor shall maintain a current status on all required federal, state, and local licenses, bonds and permits required for the operation of the business conducted by the Proposer/Vendor. 9.22 All responding Proposers inust be Ii�:ensed (where required) and have the authority to sell and distribute offered product: services to NJPA and NJPA Members ire all states. Documentation of said Iicenses and authorities, if applicable, is requested. 0. MATL'RJAI., Sl S I: I. I . I fR.S AND S 13— '(.)N** °R A C '1 '(W 9 The apparent successful Vendor shall be required to supply the names and addresses of sourcing; suppliers and sub -contractors when requested. , , Awarded Vendors under this RFP will be the sole source of responsibility for transactions originating that award. The Awarded Vendor is solely responsible for products/services and services 01 provided by third party sourcing or service providers. 1. Nt')N- A I t F..R (A 9„25 No failure of either party to exercise any pourer given to it hereunder, nor to insistence upon strict compliance by the other party with its obligations hereunder, and no custom or practice of the parties at variance with the terms hereof, nor any payment under a Contract resulting from this RF P shall constitute a waiver of either party's right to demand exact compliance with the terms hereof. Failure by NJPA to take action or assert any right hereunder shall not be deemed as waiver of such right. Q. V R (,Y I I, I t .1" A WA I. I) 9.26 Protests shall be filed with the NJPA's Executive Director and shall be resolved in accordance with appropriate state statutes of Minnesota. A protest must be in writing and filed with NJPA. A protest of an award or proposed award must be filed within ten (lo) days after the public notice or announcement of the award. No protest shall lie for a claim that the selected Proposer is not a responsible Proposer. A protest must include: 33 of 47 l . The name, address and telephone number of the protester; 2. The original signature of the protester or its representative; 3. Identification of the solicitation by RFP number; 4. A detailed statement of the legal and Factual grounds of protest including copies of any relevant documents, and, the proposal for m. of relief sought. lit. I"ROVISIONS1 .1. t .11.1.:;1 1 Y L, A 9.27 Proposer/Vendor agrees in the performance of a Contract resulting from this RFP, it has complied ►itb or wi .l comply with all applicable statutes, laws, regulations, and orders of the Un- ted States and any State thereof. S. All proposals submitted to this invitation shall become the property of the NJPA and will become a matter of public record and. available for review subsequent to the award notification. Proposals may be viewed by appointment at the NJPA offices Monday through Friday from 8 30 a.m. to 3:30 p.m. , 29 Whenever one party to this Contract has reason to question the ether a y "s intent toy perfor- he/she may demand a written. assurance of this intent. In the event a demand is made and no written assurance is given, the demanding paw may treat this fa i 1 ure as an anticipatory repudiation of the Contract provided, however, to order to be effective, any such demand shall be addressed to the authorized signer for the party from whom the assurance 'is being sought., and sent via U.S. Postal Service, certified mail., return receipt requested. or national overnight deliver y service with proof of deliver. If within the past five (5) years, any rim, business, person or Proposer submitting a proposal has been. lawfully precluded from participating in any public: procurement activity with a federal state or local government, the Proposer east ipelude a letter with its response .setting forth the name and address of"the public procurement unit, the effective date of the suspension or debarment, the duration of the suspension or debarment and the relevant circumstances relating 'to the suspension or debarment. Any .failure to supply such a letter or to disclose pertinent information may result in the cancellation of any Contract. By signing the proposal affidavit, the Proposer certifies that no current suspension or debarment exists. , 11.. MANI 1 �.. l"1` ,,, 'If Proposer is not domiciled in Minnesota and has (Y]" on any single working day in the past year, employed more than 40 employees in the State of Minnesota, Proposer rust provide a statement to that 9.32 If Proposer is not domiciled in Minnesota and has. on any single working day in. the past year, employed more than 40 employees in the State of Minnesota. Proposer must document theiir application for a Human Rights Certificate issued by the Minnesota Commissioner of Human Rights. proposer must also document receipt by the Minnesota Comm issioner of Human lights of that application and the Proposer's affirmative action plan for the employment of minority persons, women, and qualified disabled individuals. „ if Proposer_ is domiciled in Minnesotaand has on any single- working day in the past year, employed more than 40 employeesin the Mate of Minnesota, Proposer must provide a ropy of their "Certificate o Comp] ace" from the Commissioner of the Minnesota Department of Human Rights. V� , S�: �,�1 1. 1.31: FIN 34 of 47 9 In the event that any of the terms of a Contract resulting from this RFP are in conflict with any rule, law, statutory provision or are otherwise unenforceable under the laws or regulations of any government or subdivision thereof, such terms shall be deemed stricken from a Contract resulting from this RFP, but such invalidity or unenforceability shall not invalidate any of the other terms of Contract resulting from this RFP. 9.35 No Contract resulting from this RFP shall be considered a contract of employment. The relationship between NJPA and an Awarded Contractor is one of independent contractors each free to exercise judgment and discretion with regard to the conduct of their respective businesses. The parties do not intend the proposed Contract to create, or is to be construed as creating a partnership, joint venture, master -servants principal --agent, or any other relationship. Except as provided elsewhere in this RFP, neither party may be held liable for acts of omission or commission of the other party and neither party is authorized or has the power to obligate the other party by contract, agreement, warranty, representation or otherwise in any manner whatsoever except as may be expressly provided herein.. 35 of 47 PROPOSER QUESTIONNAIRE Form A Proposer Name: Questionnaire completed by: Please provide an answer to all questions below and address all requests made in this RFP. Please use the Microsoft Word document version of this questionnaire to respond to the questions contained herein. Please provide your answer to each question indented below the question. Please supply any applicable supporting information and documentation you feel appropriate in addition to answers entered to the Word document. Please place your proposal response in a three -ringed binder tabbed as indicated below. Two complete copies are required. All information must be typed, organized, and easily understood by evaluators. Please limit your answer and documentation as they directly relate to this RFP. INSIDE FRONT COVER (pocket or 3-ringed binder sleeve) • Original executed forms D, E, H & I. • Electronic submission of proposal (CD). • Bid Security (or Cashier's Check) • Certificate of Insurance Please insert a table of contents Tab 1: Company Information 1) Provide the full legal name, address, and telephone number for your business. 2) Provide contact information for the primary contact person, from your business relating to this RFP. (Form B) 3) Provide a brief history of your company that includes its Goals and philosophy. 4) Provide profiles and an organizational chart for key sales and marketing executives of your company that will oversee the implementation and operation of a Contract resulting from this RFP. 5) Hove long has your company has been in the PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARATUS, .EQUIPMENT AND/OR ACCESSPRIES, industry? 6) Is your organization best described as a manufacturer or a distributor/dealer/re-seller for a manufacturer of the products and services being proposed? a) If the Proposer is best described as a re -seller, manufacturer aggregate, or distributor, please provide evidence of your authorization as a. deater/re-seller/manufacturer aggregate for the manufacturer of the products you are proposing. b) If the Proposer is best described as a manufacturer, please describe your relationship with your sales/service force and/or Dealer Network in delivering the products and services proposed. Are these people your employees, or the employees of~a third party? 7) For public companies, provide your most recent annual report to shareholders. S) For private companies, provide your most recent year-end financial statements, your bond rating, and/or a credit reference froin your batik. Tab 2: Industry -Marketplace Successes 9) List and document recent industry awards and recognition. 10) Supply three references/testimonials from customers similar to NJPA Members. Please include the customer's name, contact, and phone number. 11) Provide names and addresses of the top five (5) governmental or education customers and dollar volumes from the past year. 12) Provide documentation indicating the total dollar volume for each of your sales to government, education, and non- profit agencies for the last three (3) fiscal years. 36 of 47 Tab 3: Proposer's ability to sell and service nationwide. 13) Please describe your sales force in terms of numbers, geographic dispersion, and the proportion of their attention focused on the sale of the products/services contemplated in this RFP? a) Are these individuals your employees, or are they employees of a third party? 14) Please describe your service force in terms of numbers, geographic dispersion, and the proportion of their attention focused on the sale of the products/services contemplated in this RFP? a) Are these individuals your employees, or are they employees of a third party? 15) Describe in detail your customer service program regarding process and procedure. Please include, where appropriate, response time commitments. 16) Identify any geographic areas or NJPA market segments of the United States you will NOT be serving through the proposed contract. 17) Identify any of NJPA Member segments you will NOT be serving? (Government, Education, Non-profit) Tab 4: Marketing Plan 18) Describe your training program for both greet -the -public and sales management levels relating to a NJPA award. 19) Describe your general marketing program strategy to promote the proposed Contract nationally. 20) Describe your marketing material, and overall marketing ability, relating to promoting this type of partnership and contract opportunity. As much as possible, please send marketing materials in electronic format only to save paper. 21) Describe your use of technology and the internet to provide marketing and product awareness. 22) Describe your perception of NJPA's role in marketing the partnership and your products/services. 23) Describe the unique quality of the products/services in your proposal in relationship to others available in the market. Tab 5: Value Added Attributes 24) Describe any training programs available as options for members. 25) Describe technological advances your proposal products/services offer. 26) Describe your "Green" program as it relates to your company, your products, and your recycling program, including a list of all green products accompanied by the certifying agency for each. 27) Describe any Women or Minority Business Entity (WMBF) or Small Business Entity (SBE) accreditations of your organization directly involved in a Contract resulting from this RFP. 28) Identify any other unique or custom value added attributes. 29) Identify any service contract options included in the proposed price, or offered as a proposed option, for the products or services being offered. 30) Identify your ability and willingness to service Canada specifically and internationally in general. 31) Describe any unique distribution method employed in your proposal. Tab 6: Payment Terms and Financing Options 32) Identify your payment terms. (Net 30, etc.) 33) Identify any applicable leasing or other financing options as defined herein. 34) Briefly describe your proposed order process for this proposal and contract award. (Note: order process may be modified or refined during an NJPA member's final Contract phase process). Tab 7: Warranty 35) Describe, in detail, your Warranty Program including conditions to qualify, claims procedure, and overall structure. 36) Do all warranties cover all material and labor? 37) Do warranties impose usage limit restrictions? 38) Do warranties cover the technicians travel time to perform warranty repairs? 39) Please list any other limitations or circumstances that would not be covered under your warranty. 40) Please list any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs. How do NJPA Members in these regions receive warranty work? 37 of 47 Tab 8: Other Cooperative Procurement Contracts Held 41) Identify all cooperative governmental procurement contracts which are marketed in more than one state held or utilized by the Proposer. 42) Identify all government or state procurement contracts held or utilized by the Proposer with any State of the United States. 43) Identify any GSA Contracts held or utilized by the Proposer. 44) If you are awarded the NJPA contract, are there any market segments (e.g., higher education, county governments, etc.) or geographical markets where the NJPA contract will not be your primary contract purchasing vehicle? If so, please identify those markets and which cooperative purchasing agreement will be your primary vehicle. Tab 9: Products/Services and Pricing 45) Provide a general narrative description of the products/services and services you are offering in your proposal. 46) Provide a general narrative description of your pricing model identifying how the model works (line item and/or percentage discount). 47) Propose a strategy, process, and specific method of facilitating "Sourced Goods" solution as defined herein. 48) Provide an overall statement of method of pricing for individual line items, catalogs and category pricing with and g p g regard to all products/services and being proposed. Provide a SKU number for each item being proposed. 49) Provide a "CORE LIST" of products/services (as anticipated and defined by Proposer to meet or exceed the NJPA members needs) as a separate and named spreadsheet. Include special pricing, if any, on these items. 50) Provide, if any, your volume rebate programs 5 l) Identify any Total Cost of Acquisition (as defined herein) cost(s) which is NOT included "Pricing" submitted with your proposal response. Identify to whom these items are payable and their relationship to Proposer. 52) As an important part of the evaluation of your offer, you must indicate the level of pricing you are offering. Prices offered in this proposal are: a. The same as typically offered to an individual municipality or school district. b. The same as typically offered to cooperative procurement organizations or state purchasing departments. c. Better than typically offered to cooperative procurement organizations or state purchasing departments. (Your proposal will be considered "Non -Responsive" if this question is not answered) 53) Do you offer quantity or volume discounts? YES NO Outline guidelines and program. 54) Describe your shipping, exchange and return program(s) and policy(s). Also specifically identify those programs as they relate to Alaska and Hawaii. 55) Identify the Proposer's proposal for an administrative fee payable to NJPA for facilitation and promotion of the Contract opportunity invited here. This fee should be calculated as a percentage of Contract sales. Authorized Signature (Same signature as on Proposal Affidavit Signature and Acceptance Form) 38 of 47 Form B Company Name: Address: City/State/Zip: Phone: PROPOSER INFORMATION Fax: Toll Free Number: E-mail: Web site: Voids sometimes exist between management (those who respond to RFPs) and sales staff (those who contact NJPA Members) that result in communication problems. Due to this fact, provide the names of your key sales people, phone numbers, and geographic territories for which they are responsible Contract Manager: Email: COMPANY PERSONNEL CONTACTS Phone: Name: Title: Email: Phone: tame: Title: Email: Phone: Name: Email: Title: Phone: Name: Title: Email: Phone: Name: Title: Email: Name: Phone: Title: Email: Phone: 39 of 47 O r 1 1 G` * OVERAL.1, {y , .d . A Air . ,€fir' ANJ C. T 4 . In accordance with accepted. standards of competitive sealed proposal awards as set forth in the Minnesota. Procurement Code, competitive sealed proposals/awards will be made to responsible Proposers whose proposals are determined in writing to be responsive and also be the most advanta eous to JPA and its NJPA Members.` o qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the criteria set for `Proposer Responsiveness." A proposal must have been submitted on time and materially satisfy all mandatory requirements identified in this document. Eva] uation for: For the Proposed Subject PUBLIC UTILITY VEHICLES AND/O.R SERVICES, AP`AIIATU IPMENT AN ftIOR A C WRIT The evaluation criteria for this solicitation, not arranged in order of ii°nportance Avattahle Points Points Awarded onfbrmance to terms and conditions to include documentation so Pnicing 400 Industry and Marketplace Successes 2 Biddees Ability to Sell and SeNce Contract Nationally 10 Bidder's Marketing Plan 7 Value Added Att6butes 7 lnicin _Payment Terms and Pirtancing options 25 Warranty Covemges and Information. 50 election and Variety of Products and Services Offered 200 Total Points 1000 0 Bonus Paints awarded for: Bidder "Green" cllar�cteristics 0 so Oxerall Evaluation Points Proposed 10 o Reviewed by Its Its EXCEPTIONS TO PROPOSAL, TERMS, CONDITIONS AND SPECIFICATIONS REQUEST Form C Company Name: Responding Name: Phone: Note: This is a sample form. Actual data may be provided on disk and printed. Original must be signed and inserted in the proposal after it is printed. Any exceptions to the Terms, Conditions, Specifications, or Proposal Forms contained herein shall be noted in writing and included with the proposal submittal. RFP Page Number Section Term, Condition, or Specification Exception Page 41 of 47 Proposal Offering And Acceptance and Award P 011 10 EOMM PUBLLC ULI.LITY VEMCLES AND/M RVILCEEtAPARATUS. EQ�U /OR ACCEESPRIES, SEL IPMENT ANR. Eropgsal ferin `o be co feted n b . Pro scr In compliance with the Request. for proposal (R P) for PUBLIC UTILITY VEHICLES A D/011. SERVICES, A PA RA' US., EQUIPMENT Ali IOR ACCESSPRIES., the undersigned warrants that I/vie have examined this .R.F P and, being familiar with all of the instructions, terns and conditions, general specifications} expectations, technical specifications, service expectations and any special terms, do hereby offer and agree to furnish the defined products./services and services in compliance with all tems,conditions of this .RFP,. any applicable amendments Of this RPP, and all 'Prop+oser's Response documentation. Proposer further understands they are the sole offeror herein and that the performance of any subs-eonCractors employed by the 'Proposer in fulfillment of this offer is the sole responsibility of the Proposer. Company Nam e: late. Company Address: City: State Zip: Contact Person: Title; Authorized Signature (ink only): (Nate p nted or typed) CMtract AcceyLange ind.Award (robe cons feted only- b EA Your proposal offering is hereby accepted and awarded, As the awarded Proposer, you are now bound to provide the defined goods and services contained in your proposal offering, according to al.l terms, conditions, and pricing set forth in this RFP, any amendments to this: RFI' and the Pr pose "s Response. The term of the Contract shall commence on the date of this ward and continue 'for four years AND which is subject to annual renewal at the option of both parties. National Joint Powers Alliance (NJP. NJPA Authorized signature: �.... ...y... .... _..M...y.M._...y..:...w......._................Gary L. Nytes�.w.��.�,...r.....�..�.�: (Name printed. or typed) Title Executive 'Director NJPA Awarded this day of Contract Number 0 NJPA Authorized signature: tire: (Name printed or typed) 'Title: Executed this day of Contract Nurnber 3171 Page 42 of 47 PROPOSER ASSURANCE OF ("ONIPLIANCE Form Proposal Affidavit Signature Page P OPOSE 'S AFFIDAVIT The undersigned, representing the persons, flans and Corporations joining in the submission of the foregoing proposal (such persons, firms and corporations hereinafter being referred to as the "Proposer ,% being duly sworn on his/her oath, states to the best of his/her belief and knowledge: l . The undersigned certifies the Proposer is submitting their proposal under their true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, that the Proposer possesses, or will posses prior to the delivery of any goods and services, all applicable licenses necessary for such delivery, and that they are authorized to act on behalf of, and encumber the. "Proposer' in this Contracts and 2. To the best of my knowledge, no Proposer or Potential Proposer, nor any person duly representing the same, has directly or indirectly entered into any agreement or arrangement with any other Proposers, Potential Proposers, any official or employee of the NJPA, or any person, finn or corporation under contract- with the NJPA in an effort to influence either the offering or non -offering of certain prices, terms, and conditions relating to this RFP which tends to, or does, lessen or destroy free competition in the letting of the contract sought for by this .RFP, and. 3. The Proposer or any person on his/her behalf, has not agreed, connived or colluded to produce a deceptive show of competition in the manner of the proposal or award of the referenced contract, and 4. Neither I, the .Proposer, nor, any officer, director, partner, member or associate of the Proposer, nor any of its employees directly involved in obtaining contracts with the NJPA or any subdivision of the N.1.PA, has been convicted of false pretenses, attempted false pretenses or conspiracy to commit false pretenses, bribery, attempted bribery or conspiracy to bribe under the laws of any state or federal government for acts or ninissions after January 1, 1985, and 5. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request and other documents of this solicitation and that any and all exceptions have been noted in writing and have been included with the proposal submittal, and 6. if awarded a contract, the Proposer will provide the products/services and/or services to qualifying members of the NJPA in accordance with the terms, conditions, scope of this RFP, Proposer offered specifications and rather documents of this solicitation, and 7. The undersigned, being familiar with expectations and specifications request outlined in this RFP ender consideration, hereby proposes to deliver through valid service request, Purchase orders or forms for NJPA Members per this RFP, only new, unused. and first quality products/services and services to designated NJPA Members, and 8. The Proposer has carefully checked the accuracy of all items and listed total price per item in this proposal. In addition, the Proposer accepts all general terms and conditions of this RFP, including all responsibilities of commitment and delivery of services as outlined, and 9. In submitting this proposal, it is understood that the right is reserved by the NJPA to reject any or all proposals and it is agreed by all parties that this proposal may not be withdrawn during a. period of 90 days from the date proposals were opened regarding this RFP, and 10. The Proposer certifies that in performing this Contract they will comply with all applicable provisions ofthe federal, state, and local laws, regulations, rules, and orders, and 11. If Proposer has more than 40 employees in the state in which their principal place of business is located, Proposer Page 43 of 47 hereby certifies their compliance with federal affirmative action requirements. 12. Proposer certifies they have disclosed all rebates, re-imbursements, cost reductions and any other sources of revenue to the Proposer, or organization known to Proposer, relating to the goods and services contemplated for procurement by NJPA and NJPA Members associated with NJPA RFP 031710. 13. Proposer certifies they will continue to disclose new sources of rebates, re-imbursements, marketing fees, cost reductions, and any other source of revenue to the Proposer, or organization known to Proposer, relating to goods and services contemplated for procurement by NJPA and NJPA Members associated with NJPA RFP 031710 during the term of any contract awarded pursuant to this RFP. Company Name: Contact Person for Questions: Phone: (Must be individual who is responsible for filling out this Proposers espouse orm Address: City/State/Zip: Telephone Number: Fax Number: E-mail Address: Authorized Signature: Authorized Name (typed): Title. - Date: Notarized Subscribed and sworn to before me this the day of 220 Notary Public in and for the County of State of My commission expires: Signature: Page 44 of 47 FORM H State Of Minnesota -- Affirmative Action Certification If your response to this solicitation is or could be in excess of $100,000, complete the information requested below to determine whether you are subject to the Minnesota Human Rights Act (Minnesota Statutes 363A.36) certification requirement, and to provide documentation of compliance if necessary. It is your sole responsibility to provide this information and —if required ---to apply for Human Rights certification prior to the due date and time of the proposal or proposal and to obtain Human Rights certification prior to the execution of the contract. The State of Minnesota is under no obligation to delay proceeding with a contract until a company receives Human Rights certification BOX A - For companies which have employed more than 40 full-time employees within Minnesota on any single working day during the previous 12 months. All other companies proceed to BOX B. Your response will be rejected unless your business: has a current Certificate of Compliance issued by the Minnesota Department of Human Rights (MDHR) -or- has submitted an affirmative action plan to the MDHR, which the Department received prior to the date and time the responses are due. Check one of the following statements if you have employed more than 40 full-time employees in Minnesota on any single working day during the previous 12 months: O We have a current Certificate of Compliance issued by the MDHR. Proceed to BOX C. Include a copy of your certificate with your response. 0 We do not have a current Certificate of Compliance. However, we submitted an Affirmative Action Plan to the MDHR for approval, which the Department received on (date). [If the date is the same as the response due date, indicate the time your plan was received: (time). Proceed to BOX C. 0 We do not have a Certificate of Compliance, nor has the MDHR received an Affirmative Action Plan from our company. We acknowledge that our response will be rejected. Proceed to BOX C. Contact the Minnesota Department of Human Rights for assistance. (See below for contact information.) Please note: Certificates of Compliance must be issued by the Minnesota Department of fIumv.. Rights. Affirmative Action Plans approved by the Federal government, a cowity, or a municipality must still be received, reviewed, and approved by the Minnesota Department of Human Rights before a certificate can be issued. BOX B -- For those companies not described in BOX A Check below. 13 We have not employed more than 40 full-time employees on any single working day in Minnesota within the previous 12 months. Proceed to BOX C. BOX C -- For all companies By signing this statement, you certify that the information provided is accurate and that you are authorized to sigh on behalf of the responder. You also certify that you are in compliance with federal affirmative action requirements that may apply to your company. (These requirements are generally triggered only by participating as a prime or subcontractor on federal projects or contracts. Contractors are alerted to these requirements by the fedcral government.) Name of Company: Date Authorized Signature: _ Telephone number: Printed Name: Title: For assistance with this form, contact: Minnesota Department of Human Rights, Compliance Services Section Mail: 190 East 5th St., Suite 700 St. Paul, MN 55101 TC Metro: (651) 296-5663 Toll Free: 800-657-3704 Web: www.humanrights.state.mn.us Fax: (651) 296-9042 TTY: (651) 296-1283 Page 45 of 47 +...... �`n.�..I #` Minn€ti--xittnStatus eeafirr y order of the Governor's Executive Order 08-0 1, vendors and subcontractors MUST ,certify compliance with the Immigration Reform and Control Act of 1986 (8 U.S.C. I 101 et seq.) and cortify use of the Ef erify system established by the Department of Homeland Security. E`—Verify program information can be found at A :l/ wr.dbs. ovlxim tq/ ro r s' If any response to a solicitation is or could be in excess of $50,000, vendors and subcontractors must certify com.pliance with items I and 2 below. In addition., prior to the delivery of the product or initiation of services, vendors DUST obtain this certification from all subcontractors i4ho will participate in the performance of the contract. All subcontractor certifications must be kept on file with the contract vendor and made available to the state upon request. I . The company shown below is in compliance with the Immigration Reform and Control Act of 1986 in relation to all employees ecs perforrnir g work in the United Mates and dues not knowingly employ persons in violation of the United States immigration laws. The company shown below will obtain this certification from all subcontractors who will participate in the performance of -this contract and maintain subcontractor certifications for inspection by the state 'if such inspection is requested; and 2, By the date of the delivery of the product and/or performance of services, the company shown below will have implemented or gill be in the process of implementing the -V*er'd program for all newly hired employees in the United States who will perform work on behalf of the State of Minnesota. t certify that to company. shown below is to compliance with items I and 2 above and that t am authorized to sign on Its behalf Name of Company: Dam4 N Authorized Signature.- ` :�,:�.�...�.........:.......:.........�..�....m..�.... I elephvne Number: Printed Name", ,r tle: w.�rw�w.wwr�d...e��.�,r..:..w..•.� ++:+.�w.. wwtiNiq'wwrrr�wrvr �..w.ww:mrrv+wrw.w.w+wwwwww�w�. If the contract vendor and/or the subcontractors are not i.n compliance with the Immigration Reform and Control Act, or knowingly employ persons in violation of the United States imajigration laws, or have not begun or implemented the .�-Veri pragr m far all newly hired employees in support of the contract, the stag reserves the right to determine what action it may take. This action could irtc:luoc, but would not be Iirniteci to cancellat.1k,on of the contract, andlo►r suspending or debarring the contract vendor from state purchasing;. For assistance with the E-Very Program "ontact the National Ctistonl r Service ("enter i N' `('SC) ai 1-800--.375-528.3 (1-TY I i ll#--767-1 1' For assistance with this Porch, contact: Mani. l 1 2 Administration Bldg, 50 Sherburne Ave. St. Paul, " 55155 -mail. �Ic�.irtc rtes 6.51.2)(W-12000 Persons with a. hearing or speech disability may contact us by dialing 711. or 1.800.6273529 Page 46 of 47 Proposal Award Recommendation(s) for NJPA Membership Approval The following are the recommendations of the Proposal Review Committee regarding RFP #031710 for the procurement of PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARATUS, EQUIPMENT AND/OR ACCESSPRIES The Proposal Review Committee for this RFP consists of: Chairman: Member: Member: Member: The findings of the Committee are as follows: A. Proposals rejected as non -responsive and the reason for that determination: B. Methodologies used by the committee for evaluation: C. Proposals recommended for approval with reasons for recommendation: It is therefore recommended by the Proposal Review Committee that a Contract be approved for Ike above Proposer(s). 1. 2. 3. 4. 5. Page 47 of 47 0 Addendum #030510 To that certain RFP #031710 Issued by The National Joint Powers Alliance @ For the procurement of PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARATUS, EQUIPMENT AND/OR ACCESSORIES Please be advised the timeline for this RIP has been changed as follows: F'ERRUARY 15, 2010 and .February 22, 2010 April 6, 2010 April 8, 201010: 00" CST April 15, 2010 2: 00 p. m. CST • Publication of RFP in the print and online Minneapolis Star Tribune, the NJPA website, and on the website of Proposednoticetoproposedders. cam • Deadline for RFP requests Pre -Proposal Conference (webeast — conference call) • Deadline for Submission of Proposals, and Public Opening of Proposals Please read all timeilnes and dates throughout the RFP to reflect the above changes. The National Joint Powers Alliance& 0 Gated March 3, 2010 0 I Addendum #040510 To that certain RFP #031710 Issued by The National Joint Powers Alliance 0 For the procurement of PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARATUS, EQUIPMENT AND/OR ACCESSORIES Please be advised as follows: NJPA has had recent contact with certain cab -and -chassis manufacturers relating to a solicitation issued by NJPA for `'Mass Transit Vehicles" and particularly cutaway busses. All Potential Bidders are encouraged to contact the Cab -And -Chassis Manufacturers regarding potential special pricing for sales through an NJPA contract. Please contact your local dealers or, with regard to GM, please contact the GM Enid Center. The National Joint Powers Alliance@ 2 De I its Manager of Bids and Contracts TV True, Chassis, with 121, l4.' or 16' box body. E Summit System ,'The atandwd of 0 I.! 11.1 - - ...... .. ..... . Sprinter DRW F550 Base Configuration includes TV Truck with. Summit power control system, wirelien remote control of all cam antic of A bove Ose 5 $1 44 000 1 Note- Above Eee lnclud . 2 r 'ni etlwe bons Install Diesel Chassis and. Onan Quiet Diesel 7..5 kw gensct in Lieu of gas $19,867 0 .ear v ew 17"' flat screcst moniftor In Equipment groom with mount $., "550 0 16 ff. body in lieu of 14 , body $1 0:00 0 Spare Past and Tilt #camera. $171,00 0 Adapter Tube to use OZ I1} on Steerble lor non Steerable. 'US 21 track or Steerable $1,380 Pipe Ranger ,. Spare Zoom pan and Tilt Came $189800 0 .4ishetifoutp nnn sterahle Conn setrheeted trans nrter Iron►,2: ewr the V $ track tranporter V9 &jhstitute non steerabl'e standard wheeled transporter for 81'-60" pipe for the $6,90 track tranporter Add standard non steering wheeled transporter for 8"-6011 pipe $13,8 0 0 Add compact non steering wheeled transporter for "-24" pipe $12,890 0 Add steering to wheeled transporter for 8"-60" pipe $4,610 0 Add steering to wheeled transporter for 6"-30" pipe $51,61€1 0 81" high traction steel tires for compact or standard wheeled transporter $11,320 0 10"-15 " high traction tires for compact or standard wheeled transporter $1,425 0 6' high traction tires for compact or standard wheeled transporter $1,334 0 Pneu vatic Tires for compact or std wheeled. transporter (use with 'lift) $1.,138 0 Mechanical Camera lift for compact or standard wheeled transporter. $2,850 0 Electric Lid for compact or standard wheeled transporter $5:090. l 0 Track conversion kit w/ transmission for compact non -steering wheeled transporter $3,60O _0 Aiutornt.lc payout for video cable reel $2,900 0 .ear view camera for compact or standard steerable wheeled transporters $3,500 0 Built In inclinometer to detect and display pipeline gradient, OZ li or OZ ill $4,200 0 Laser crack/offset/separation measurement system for OZ Ii or OZ 11 $6,500 0 Laser Proliler System., 6" -24f" pipe, all hardware, software, 3 days training $22 900 0 Laser Profiler System, 1.2"48t" pipe, all hardware, software, 3 days training $48,000 0 W. $1.44t0OO 0 $o $0 $o $o $o $o 0 S0 $o $0 $0 $0 $o $0 $0 Built in Sonde for locating in 0711 or OZ.111 camera $1,990 0 $o Granite XP Software, rack mt. computer, monitor, printer, 2 days training, $160900 0 $0 Customer Supplied Computer to Granite XP Specifications ($1,800) 0 SO Add PACP module for Granite XP $2,450 0 $0 Add Inclinometer module for Granite XP $199- 0 $o Add Granite .XP ESRI Module, query module, snap module, 2. days train. $9,900 0 $0 Enhanced Granite XP Software Support Package $1,800 0 $0 Manhole Assets Module for Granite XP $2,950 0 SO Grout Module for Granite XP $2,950 0 $0 Granite XP Scheduler Module $600 0 $0 Granite :XP Scoring Module with Training (Requires Enterprise Module) $2,995 0 $0 :Lateral Module for Granite XP $2,950 0 $o Engineering Module for Granite XP - edits inspection in office $695 0 $0 Enterprise Office Module for Granite XP --edits., creates inspections, compatible with ACCESS, Oracle, Sequel Server data bases $8,500 0 $o Granite XP Mapping Stick with GPS Software $80900 a $o Lite Stick Pole Camera with wireless tran.mission to truck $5,532 0 $0 Quick Zoom Foie Camera, with DVR, 'hest, LCD► Screen, 'fireless to track $141,9 00 0 $4 Quick Zoom Pole Camera, no DV`R, Vest, LCD Screen, Wireless to -truck $13,900 0 so Fold mown Safety :Entry / Exit two step bumper $2,250 0 $0 Ault out transporter / camera. transporterp draw in kick Late with grated bottom $1 050 0 $0 Workbench on TV Reel $750 0 $0 LAMP 11. wheeled hat. Launcher, Zoom for 6"- IS" 3'-8" laterals, 1 train. pipe/ $68,000 0 -so LAMP 1 track Lateral Launcher for 8 "-3o pipe/ 3 "-8" laterals, t train $494900 0 $o Double Data foi LAMP lateral and mainline ;outage. LAMP 1 or 11 $4i.1400 0 $0 $48,000 0 $o Grout System, pneumatic, controller, tanks, pump system fbr mainlines,2 trait. $11,2.00 0 $0 Lateral. Grout 'System, for Logiball, control, 3/4. hp vacuum pump, 1. day train. 0 $0 Cutter System, lateral cutter, 6% 15" pikes cut reel, 500 ft. air hose, i day train .$38,000 Ford E-430 gas chassis $28,Ooo 0 $0 Ford F-550 diesel chassis $391000 0 $0 Ford F-450 chassis $37,500 0 $o E-350 Ford cargo van, extended wheele base $28,500 0 $0 Chevy or GMC extended wheel base cargo van $29,300 0 $0 Freightliner Sprinter 3500 van S43,800 0 $0 0 $0 Add Raised Roof Bubble Top for GMC, Chevy, or Ford Cargo Van Chassis $41,800 Chevy or GMC 3500 D►RW Chassis $26,500 0 $o Spare Kangaroo Cutter• Cutter Only $1.1,900 0 $o Chevy 'fan, Exd wheel base in lieu of Ford E-450 gas ($100) fl $0 Ford Cargo Van,, ext, wheel base in lieu of Ford E-450 gas chassis ($1 j600) 0 $0 3500 DRW gas chassis, 12000 GVW, 12 ft. body in lieu of Ford E-450 gas ($1,000) 0 0 $22,000 0 $0 Sprinter Chassis 3500 inverter,ib lieu of Ford E-450, 24 ft. body, and gas Gen. . Ford F-550 diesel chassis, Onan QD,19000 GV' ../gen in lieu of Ford E-450 gas 0 $0 chassis, gas gen with .14 ft. body $21,500 Chevy Express ,gas Chassis, 14,200 GVW, 14 ff. body in lieu of Ford E-450 gas 0 $o chassis, gas gen with 1.4 & body $o :Ford F-450 diesel chassis, Onan QD gen, 14 ft. body in lieu of Ford E-450 gas 0$0 chassis with 14 ft. body $169900 .2 ,141 or 161 Truck Box body $8,000 0 $o Add CUES Universal Digital Camera System $851,000 Add Tax (if applicable) GRANDTOTAL Note butter & Grout Trucks require Chassis with minimum 19000 GVWR .11 LAMP upgrades 'Include lateral camera with auto upright and Sonde FOB: Destination Delivery: Please specie Terms: Please spcclfy P To ASS D any 'hone: 0 $0 $0 $0 $1449000 Regular Meeting Minutes of the NATIONAL JOINT POWERS ALLIANCE® Board of Directors Thursday, May 27, 2010 Maple Room Chair Wolden called the meeting to order at 5:30 p.m. with the following members present: Mike Wilson, Barb Schmitt, Randy Pepin, Wayne Wolden, Mike Domin and Lane Waldahl. Also present were David Jessop, Jenny Holmes, Diana Pihlaja, Mark Schmitz, Mike Hajek and Susan Nanik, staff; Mike Gibson, Gibson Consulting; and Melinda Jezierski, Crosby -Ironton School. Ms. Schmitt moved, seconded by Mr. Waldahl to accept the agenda as amended. Motion carried. Mr. Pepin moved, seconded by Mr. Domin to accept the minutes of the Regular Board Meeting held on April 15, 2010. Motion carried. Mr. Gibson was introduced to the Board. Mr. Gibson reported he initially met with Mr. Schmitz and Ms. Nanik regarding pay equity, pay structure, and comparable worth. He then met with Mr. Hajek, Ms. Pihlaja, Ms. Nanik and Mr. Schmitz on May I1th to gain 3 knowledge of the history of NJPA's system and discuss pros and cons and explore options for change. He suggested this group as the "core committee" to work with as this process moves forward. He also discussed a timeline with an end date of June 30, 2011. Mr. Waldahl moved, seconded by Ms. Schmitt to support the core committee of Mr. Hajek, Ms. Pihlaja, Ms. Nanik and Mr. Schmitz and approve the timeline, noting it is subject to change, as presented. Motion carried. Ms. Pihlaja presented the monthly Financial Reports. She also distributed the proposed final budget for FY2009-2010 for review and stated she will ask for approval at the June Board meeting. Ms. Schmitt moved, seconded by Mr. Domin to approve the check register and Treasurer's Report of Cash, Revenues, and Expenditures and to pay all vendor disbursements #72565 to #72773. Motion carried. Ms. Schmitt moved, seconded by Mr. Waldahl to approve Wire Transfers #363 to #399. Motion carried. Ms. Schmitt moved, seconded by Mr. Pepin to accept the Consent Agenda as follows: • Approve updated Membership Agreements, adding 447 new members for a total NJ PA membership of 34,041 as of April 30,, 2010 • Authorize Invitations for Bid for a. Express Courier, Overnight, and/or Ground Delivery Services • Approve Bid and Award RFP #031210 to a. Staples Contract and Commercial, Inc. • Approve Bid and Award RFP #031710 to a. Allianz Sweeper Company b. Atlantic Machinery, Inc. c. Genie Industries, Inc. d. Gradall Industries, Inc. e. Federal Signal Corp. • Approve Bid and Award RFP #022209 to a. ABC Bus Inc. Category 1:1-2; Category 8:8-1 b. Motor Coach Industries, Inc. — Category 8:8-1 c. International Bus Group, Inc. -- Category 1:1-2; Category 3: 3-5, 3-10 d. New Flyer of America, Inc. — Category 2:2-1, 2-5, 2-7, 2-9 e. ElDorado National -California, Inc. -- Category 2:2-5, 2-71 2-9 f. Eldorado National — Category 3 : 3-5, 3-10 g. National Bus Sales and Leasing, Inc. — Category 3:3-5, 3-10; Category 8:8-3 • Approve Renewal of Agreements with a. Capitol Supply (NAPA) IFB #050208 b. Playpower LT Farmington, Inc. IFB #051409 c. Schooldude.com IFB #031006 • Approve EZIQC Contracts RFP #041310 a. Bliss Construction, Inc. AK01-041310 b. Consolidated Enterprise, Inc. AK02-041310 • Approve EZIQC Renewals a. Angotti & Reilly CA01-B1-042609 b. F.H. Paschen FL05-042909 c. Omega Service Maintenance Corp. N302G-031809 d. Sorenson Gross Construction Services, LLC RI01-042909 Motion carried. Mr. Hajek gave the Construct Purchasing update. He reviewed the RASA Agreement and Sharp Consultant Services Agreement. Mr. Wolden moved, seconded by Mr. Waidahl to approve the AASA Agreement. Motion Carried. Mr. Wilson moved, seconded by Mr. Pepin to approve the Sharp Consultant Services Agreement. Motion carried. Mr. )essop gave the Risk Management update. He reported he has been in contact with Education Minnesota, received a quote from Alliant on a request for P&C Insurance, and is following Health Care Reform legislation changes. Ms. Nanik presented an Employee Confidentiality Agreement that was drafted by Kristi Hastings, PemLaw. No action was taken. Ms. Nanik discussed revisions to the NIPA Employee Handbook. Mr. Wolden moved, seconded by Mr. Domin to approve the Employee Handbook as presented. Motion carried. Ms. Nanik requested a determination of payment for securities iicensure for FY2010- 2011. Mr. Walden moved, seconded by Ms. Schmitt to discontinue payment of securities licensure as of July 1, 2010. Motion carried, Ms. Nanik presented a request from Wadena County Sheriff's Office for donation for K-9 purchase and training. The Board has been advised regarding gifting and donating and so denied the request. Ms. Nanik asked to set a date for a July Regular Board meeting. Thursday, July 22"d was chosen. The June Regular Board meeting date was also changed to Tuesday, June 22"d due to conflicts in scheduling. Mr. Wilson moved, seconded by Mr. Waldahl to approve hiring Mr. Kelly McAllister as Contract Manager starting May 17, 2010. Motion carried. Ms. Nanik presented a pay scale for approval for FY2010-2011. Ms. Schmitt moved, seconded by Mr. Wilson to approve the pay scale as presented. Motion carried. Ms. Holmes reported on the MASA 5 meeting and in-service held April 30t" and the Leadercast event attended by many NJPA employees held May 7t". She stated Rebate packets have been distributed. She also compiled information on all Minnesota Service Cooperatives and distributed at the request of Mr. Schmitz. Mr. Wolden reported he, Ms. Schmitt, Mr. Schmitz and Ms. Nanik met with Jeremy Kovash, Executive Director of Lakes Country Service Cooperative and David Schornack, Lakes Country Service Cooperative Board Chair, on Friday, May 21st. The meeting was well received and discussion was mainly on working collaboratively. Ms. Schmitt moved, seconded by Mr. Domin to adjourn the meeting at 9:10 p.m. Motion carried.