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USA SERVICES OF FLORIDA, LLC - SOURCEWELL CONTRACT NO. 062421--SWPA CONTRACT AWARD SHEET INSTRCUTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTACINED HEREIN IS AVAILABLE IN THE PURCHASING SECTION OF OUR WEBPAGE AT: www.hialeahfl.gov CITY OF HIALEAH CONTRACT AWARD PURCHASING DEPARTMENT CITY OF HIALEAH CONTRACT: SOURCEWELL CONTRACT FOR STREET & ROADWAY SWEEPING NO. 062421--SWP DESCRIPTION: STREET SWEEPING SERVICES FOR CURBED ROADS WITHIN THE CITY OF HIALEAH CONTRACT PERIOD 11/14/2023 – 08/08/2025 SECTION #1 – VENDOR AWARD Name: USA SERVICES OF FLORIDA, LLC Name: Contact: MATT FORD Contact: Phone: Phone: Fax: Fax: E-mail: E-mail: Name: Name: Contact: Contact: Phone: Phone: Fax: Fax: E-mail: E-mail: SECTION #2 – AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES CITY COUNCIL APPROVED ON: 11/14/2023, ITEM AA AMENDED AMOUNT: RESOLUTION NO: 2023-182 INSURANCE REQUIREMENTS: ANNUAL CONTRACT AMOUNT: $209,383.02 PERFORMANCE BOND: APPLICABLE ORDINANCES: Notes: SECTION #3 – REQUESTING DEPARTMENT CITY OF HIALEAH, DEPARTMENT OF STREETS Contract Administrator: JOSE SANCHEZ Phone: 305-687-2611 SECTION #4 – PROCURING AGENCY CITY OF HIALEAH, DEPARTMENT OF STREETS Contract Administrator: JOSE SANCHEZ Phone: 305-687-2611 Prepared by: MARILIN GUTIERREZ ITEM# ll R NOV 14 2023 RECEIVED NOV OJ 2023 OFFICE OF MANAGEMENT&BUDGET This form, letter from the department head addressed to the Mayor and City Coun c,, as COUNCIL AGENDA ITEM RE UEST FO supporting documents are due the Monday of the week prior to the City Council Meeting. Date of Request: 10/27/2023 Requ esting City Departm ent: Streets Requ ested Council Meeting 11/14/2023 Date: Action Requested from the 0 Issue a purchase order City Council: □ Increase a purchase order □ Award a b id □ Bid No. □ Rej ect a bid □ Bid No. □ Special Events Permit □ Street Closure □ Other: Scope of service(s) or Street Sweeping Services for curbed roads within product(s): the City of Hialeah Vendor: USA Services of F lorida, LLC. Exp e nd iture Amount: $209,383.02 Funding Source (i.e., account funding the expenditure): Purchasing Process: Contractual Services -001.8500.519.340 □ Competitive Bidding □ An exception to competitive bidding applies: □ Professional services in the nature of consultants, accountants and attorneys □ Sole source provider □ Emergency based on objective facts □ Credit facilities 0 Competitive bidding is not required because the City is utilizing a bid that has been awarded or under contract by state, county or other governmental agencies. 0 Title of state, county or other governmental agencies contract: Sourcewell, a State of Minnesota local Government unit. Sourcewell Contract for Street & Roadway Sweeping No. 062421-SWP 0 Piggy-back contract expiration date: 08/08/2025 □ Waive Competitive Bidding □ Reason{s) it is not advantageous to the City to utilize competitive bidding: Signatures: Depa rtm ent Hea d Esteban Bovo, Jr. Mayor Moni ca Perez Council President Jacquel ine Garcia-Roves Council Vice-President October 27, 2023 Honorable Mayor Esteban Bovo, Jr. And City Coun c il Members City of Hialeah Hi a leah, Florida 33 0 I 0 City of Hialeah Re: C ity-Wide Street Sweeping, Sweeping Corp oration of Am e rica, Inc (SCA). Dear Mayor and Council me mbers : Co un cil Members Bryan Calvo Viv ian Casa ls-Mun oz Lu is Rodriguez Jesus Tundidor Car l Zogby The Charter of the C ity of Hi aleah states that contracts in amounts g reater than $25,000 .00 sha ll be awarded o n the ba s is o f specifi cat ions and fomrn l sealed bids . The Coun c il may award a contract to the lowest responsibl e and respons ive bidder, or it may reject a U bids a nd re-advertise; or it may waive compet itive bidding when it find s it to be in the best interest of the City. In accordance w ith the C ity of Hia leah Code Section 2.818 State, county or other gove rnmenta l agency b ids or con tracts: Whe never advan tageous to the city, the city m ay utilize bids th at have been awarded o r unde r contract by the s tate, co un ty o r other governmental agencies. If the c ity utilizes state, county or other governm ental agency bids, competi t ive bidding will no t be required . A contract, No. 062421 -SWP, exi sts between Somcewell , a State of Minnesota local governm e nt unit that offe rs cooperative procurement solu tio ns to governm en t e ntiti es, and Sweep America Intermediate H o ldings, LLC., th e parent company of Sweeping Corporation of America, Inc. Said con tract was full y execut ed on 01 /14/2022 and expires on Aug us t 8 , 2025. I am therefore respectfully requesting appro va l to piggyback off of t he Sourcewell Street & Road,vay Sweeping contract No. 062421 - SWP, awarde d through com petit ive bidding, to issue Sweepin g Corp. o f A merica (SCA), doing bu s iness in Florida as USA Ser vices o f Florida, LLC., a purchase order in an a mo unt not to exceed 1209,383.02 for the s treet sweeping serv ice o f th e c urbed roadways in the C ity of Hi a leah o n a monthl y bas is for a period not to exceed on e year, upon issuance of a purchase order by th e c ity. Funding fo r th is expenditure w ill be drawn against the Contractual Ser v ices account 001.8500.519.340. Sweep Ame rica intermediate Holdings, LL C. D.B.A. USA Services ofFlorida, LLC. is a n active corpora tion in good standing in the State of Ohio and the State of F lorid a. Respectfu ll y , p~ Jo se Sanchez Director of Streets Department ~ISAPPRO VE,!2D'...--===~~2~:,;;:;~c.:==----- 50 I Palm Avenue , H ialeah , Florida • 330 I 0-4 7 19 www.hialeahO.gov -----EE::: I Fl'ank L aRose I ~ Se.crdAnj c6 StAu I Fri Oct 27 2023 Entity#: Filing Type: Original Filing Date: Location: Business Name: Status: Exp. Date: 4 9 192 34 REG ISTE RED TRADE NA ME 08 /3 1/2022 SCA SW EEPIN G C O RPO RATI O N O F A MERI CA Active 08 /31 /2 0 27 Agent/Registrant Information SWEEP A MERICA INTERMEDIATE HO LDIN GS, LL C 4 141 ROCKSIDE ROAD, SUITE 100 S EV EN HILLS O H 4 4 13 1 08/31 /2022 Active Filings Filing Type Date of Filing Document ID TRADE NAME/ORIGINAL FI LING 08 /31 /2022 202224301584 Page 1 of 1 UN ITED ST A TES OF AMERJCA ST A TE OF OHIO OFFICE OF SECRETARY OF STATE I, Frank LaRose, Secreta1y of State of the State of Ohio, do hereby certify that this is a list of a!/ records approved on this business e ntity and in the cus tody of the Secretary of State. Witness my hand and the seal of the Secreta,y of State at Columbus, Ohio this 27th of October, A.D. 2023 Ohio Secreta1y of State 001 General Fund Fund Fiscal Year: 2024 Account Percent AEEroeriated 00 l.8500 .5 19340 7 % 300,000.00 CONTRACTUAL SERVICES 300,000.00 Tota l for (2) Opera tin g Expenses 300,000.00 300,000.00 Total exp enses 8500 (Fund 001) GG -General Government Total Expenses for Fund 001 00 1 Gene ra l Fund Fund 300,000.00 300,000.00 300,000.00 300,000.00 Fund Totals $300,000.00 Revenu e/Expenses Bala nce: 00 1 Ge ne ral Fund fund Tria l Ba lance - Exl)ended 2 1,826.43 2 1,826.43 21,826.43 21,826.43 $21 ,826.43 $2 1,826.43 Expenses Encumbered 0.00 0.00 0.00 0.00 $0.00 Trial Balance - Balance Last Date 278,173.57 10/26/2023 278,173.57 278,173.57 278,173.57 Expenses $278,173.57 e7~Hl~ -t 209t 8.3•~ ~ 7~@.<> •* Printed: 11 /1/2023 Page: 2 RESOLUTION NO. -------- RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, APPROVING A PIGGYBACK CONTRACT BY THE CITY OF HIALEAH FOR THE CITY'S STREET SWEEPING SERVICES; AND AUTHORIZING THE MAYOR OR HIS DESIGNEE AND THE CITY CLERK, AS ATTESTING WITNESS, ON BEHALF OF THE CITY, TO ISSUE A PURCHASE ORDER(S) TO SWEEPING CORP. OF AMERICA DOING BUSINESS IN FLORIDA AS USA SERVICES OF FLA, LLC. ("SUPPLIER") IN THE TOTAL AMOUNT NOT TO EXCEED $209,383.02, FOR THE PURCHASE OF ONE YEAR OF STREET SWEEPING SERVICES THROUGHOUT THE CITY AND IN SUBSTANTIAL CONFORMITY WITH THE AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF AS "EXHIBIT A", AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 2-818 of the City of Hialeah Code of Ordinances, whenever advantageous to the City, the City may utilize bids that have been awarded or under contract by the state, county, or other governmental agencies; and WHEREAS, Sourcewell is a State of Minnesota local government unit and service cooperative created under State of Minnesota Statutes Section 123A.21 that offers cooperative procurement solutions to government entities including municipalities like the City; and WHEREAS, if the City uses a "piggyback" from state, county, or other governmental agency bids competitive bidding is not required by the City Code; and WHEREAS, the City of Hialeah Streets Department is responsible for the City's general maintenance and cleanliness of City streets within the corporate limits of the City; and WHEREAS, Sourcewell has an existing contract under Sourcewell Street & Roadway Sweeping Contract No. #062421-SWP, awarded through competitive bidding, issued to Sweeping Corp. of America (SCA) doing business in Florida as USA Services of Florida, LLC, ("Supplier") effective through 08/08/2025, subject to any renewals and extensions, see attached "Exhibit A", that the City of Hialeah Streets Department is seeking to piggyback for the purchase of the above- RESOLUTION NO. ------ PageNo. 2 referenced Street Sweeping Services for a one ( 1) year period commencing on the issuance of a Purchase Order for an amount not to exceed a total of$209,383.02; and WHEREAS, the City finds it is in the City's best interest to enter into an agreement to the contract between the Supplier as herein referenced for the purchase of these Street Sweeping Services when advantageous to the City; and WHEREAS, the Supplier is an active incorporated business entity in good standing in the State of Florida, see attached "Exhibit B"; and WHEREAS, the Supplier has provided a quote of $209,383.02 for the above-referenced services; and WHEREAS, funding for this project will be from Contractual Services account #001.8500.519.340; and WHEREAS, the City finds it is advantageous to the City and in the best interest, health and welfare of the community to approve the piggyback contract specified above. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, THAT: Section 1: The foregoing facts and recitations contained in the preamble to this resolution are hereby adopted and incorporated by reference as if fully set forth herein. Section 2: The City of Hialeah, Florida hereby authorizes the City to use the piggyback contract referenced above for the purchase of Street Sweeping Services specified in this Resolution, and authorizes the Mayor or his designee and the City Clerk, as an attesting witness, on behalf of the City to issue a monthly Purchase Order( s) in the total amount not to exceed $209,383.02, for these services, to be paid monthly, and in substantial conformity with the RESOLUTION NO . ____ _ Page No. 3 agreement attached hereto as "Exhibit A," and authorizing the Mayor or his designee to execute such other purchasing documents as are practicable to implement this Reso lution. Section 3: This resolution shall become effective when approved by maj ority vote of the City Council and signed by the Mayor or at the next regu larl y schedul ed City Council meetin g, if the Mayor's signature is withheld or if the City Council overrides the Mayor's ve to . PASSED AND ADOPTED this __ day of _________ , 2023. Monic a Perez Council President Attest: Approved on thi s __ day of ________ , 2023. Marbelys Fatjo , City Clerk Mayor Esteban Bova, Jr. Approved as to legal suffic iency and as to form: $:\RAFAEL SUAREZ-RIVAS\ASSIGNME1'11S\2023\A-202l•368 (10) Reso Piggybock-USA Scrvi~s-Strect Swccping-($209.383.02}\Fi 11.1l Ora!\ RESQ.PIGGYBACK • S1rcct Sweeping Scrviccs.docx SCA Sweeping Corp of America EXHIBIT A. Service Agreement USA Services of Flo r ida, LLC (Com pany) agrees t o perform the wor k des cribed i n t his service agreem ent accord i ng t o the sp ecifi c terms and conditions contained herein. Property location Name: City of Hialeah Street: Ci ty: State: Phone: Property Contact: Email: Phone: Emergency Sweeping Se rvice Per Hour: $165 Hour Minimum: 4 Portal to Portal: yes OT Per Hour: n/a Per Curb Mile Sweeping Service Per Cu rb Mile: $35.25 Per Cycle : $15 ,862.35 Miles Per Cycle: 4 53.2 1 Contract Term: 1 year Start Date: Fax: Zip Code: Billing Info Name: City of Hialeah Street: 900 E 56th St. Bldg #4 city, Hialeah Phone: Sw eeps Per Term: n/a Pe r Sweep: n/a OT Per Hour: n/a Additiona l Fees Disposal Fee: n/a State: FL Zip Code : 33013 Fax: @hialeah .gov 5 Variable Energy Charge (VEC)*: n/a Environmental, Health & Safety Charge (EHSC)•: n/a Mobilization Fee: n/a "For details, please v isi t www.sweepingcorp.com/vec/ or www.sweepingcorp.com/ehsc. The Company shall provide equipment, labor, fuel, and any other materials necessary to complete the required work. The Company will clean an area seven (7) ft. wide from the curb, barrier or paved shoulder edge. No cleaning operation shall be conducted when there are climatic conditions present or forecast that would make such an operati on ineffectual or dangerous. Company's service is based on removal of a regular day-to-day build-up of material and debris. Any excessive, out of the ordinary, or unusual build-up or residue of any dirt, debris or material is not covered by the price quoted in this agreement under the hourly rate. Special Instructions / Comments -Additional Space on Last Page, if Needed Sweeping service includes sweeping all designated streets 1 x a month. Pricing is based on 12 cycles per year. All cost associated with disposal is included in the per mile rate . Sweeping-$35 per curb mile . 453.21 curb miles per cycle= $15 ,862.35 per cycle. Contract will will be done through Sourcewell. SCA ID# 062421 ; City of Hialeah ID# 134122 Sweeping Corporation of America I 4141 Rockside Road, S uite 100, Independence. OH 44131 I 216-777-2750 www.SweepingCorp.com Authorized 5ilnatures The undersigned individual signing this Se rvice Agreement on behalf of the Custo m er acknowledges that he or she has read and understands t he terms and conditions of this Agree me nt and that he or she has the authority to execute this Agreement on behalf of the Customer. Customer Signature: Print Name: Title: Date: Company Representative Signature: PrintName: Matt Ford Title: District Sales Manager Date: 7/25/2023 MODIFY THESE, EVEN IF SIGNED BY COMPANY. ANY ORDER TO PERFORM WORK OR COMP CONSTITUTE CUSTOMER'S AGREEMEN T TO THESE TERMS AND CONDITIONS. 1) Definitions: "Customer" means the entity to which the Company is providing Services under the Agreement. "Agreement" mea ns either (i) the contract agreement signed by both parties for the Services; or (ii) the purchase o rder signed by Customer and accepted by Company in w riting, together with these Terms and Cond itions. "Company'' means the Sweeping Corporation of America entity providing Services under the Agreement. 2) Services Rendered: Customer grants exclusive rights to Company to furnish all labor, equi pment, and services necessary for the performance of the service ("Service") i n conforman it h the standards of service set forth in this Agreement agrees to make payments as provided in the Agr 3) Coverage and Term of Agreement. Th is Agree govern all Services provided by Company as o The effective date and initial t erm of automatically renew for sue either party gives written not sixty (60) days before the end o 4) Standards of Service: Services shall be best management practices of the debris, including but not li mited to accum ations of leaves, silt, compacted d irt, and similar debris w ill be removed as part of the customary and ordinary service under this Agreement., If he Company, at its sole discreti on, determines that such removal const itut es extra work from t hat contemplated under this Agreement, the Company shall, for additional compensation consistent with the fee schedule provided with this Agreement ("compensation sche dule"), perform extra services as may be required to provide the requisite service. The cost to perform extra services shal l be as set forth in the compensation schedule. Services sha ll be performed to prevent litter, lea ves, sand, dirt and debris from bei ng swept into any street side drainage inlets contiguous to or w ithin the designated work area. Customer represents and warrants t hat all materials to be collected by Company are n onh aza rdous waste and recyclables . Nothing in this Agreement shall convey on the Company the status of "generator''. Any waste swept and coll ected from the designated w ork area by Company sha ll rema in the waste of the Customer and it is agreed that Company under no ci rcumstances shall be deemed to have generated the waste or to own the waste. The Company shall dispose of all waste w ithin the Customer's dumpst er and Customer hereby authorizes the use of its dumps t er for that purpose, unless front of this Agreement. Any waste that the Customer's dumpster shall be th the compensation schedule. ies. Except as otherwise pr ovided he rein, Company makes xpress or implied warranties, inc lud in g but not limited to, warranties of merchantability or fitness for a service. All sly disclaimed. d Performance. Upon acceptance by Customer, Company commence performance within the t ime frame speci fied by Company or, in the absence of a spec ified time frame, shall commence work within a reasonable t i me and pursue such with reasonable diligence until completed If a scheduled sweeping is not poss i ble due to inclement weather or other unforeseen occurrences, Company shall endeavor to perform the servi ces when t he weather or circumstances permit. 7) Clean Up. Company agrees to remove from t he Customer's premises any Company equipment. 8) Payment. Customer sha ll pay Company for Services rendered monthly in accordance w it h the compensation schedule and i nvoice received . Unless otherwise agreed by the pa rt ies in writ ing, Customer shall pay Company for services w ithi n ten (10) days from the invoice date. Company may charge late f ees and interest, not to exceed t he maximum rate allowed by applicable law, on all amounts past due. In the event a payment is not made when due, Company, at its sole option, may terminate the Agreement on notice to the Customer an d recover all past due amounts. 9) Suspension. If any amo unt due from Customer is not pa id w ithin sixty (60) days of the date of the Company's invoice, Company may, with or without notice, suspend service w ithout terminating the contract, until the Customer has pai d all amounts owed to Company. 10) Rate Adiustments. Customer agrees that it sha ll pay Company for any increase in costs due to an esca lation in energy costs. These surcharges sha ll be referred to as "energy" on the compensation schedul e. Customer also agrees that it shall pay Company for i ncreased rates due to increases in Company's costs because of changes in local, state or federal law, rules, ordinances or regulations applicable to Company's operations or services o r because of increases in taxes, fees, costs or other governmental Sweeping Corporation of America I 4 141 Rockside Road. Suite 100, Independence, OH 44131 I 216-777-2750 www.SweepingCorp.com charges. These charges sha ll be referred to as "envi ronmental" on the compensa t ion schedule. The energy/envi ronmental recovery fee(s) shall be shown on the customer i nvoice. 11) Damage to Pavement. Company sha ll not be responsible for any damages to the Customer's pavement or accompanying subsurface, curbing or other driving surfaces resu lting from t he Company's Serv ices . 12) Independent Contractor. Nothing contained in this Agreement shall be construed to constitute Customer as a partner, employee, or agent of Company, nor shall either party have any authority to bind the other in any respect. It is int ended that Company shall, in all instances, be and remain an in dependent contractor responsib le for its own actions and for its own agents, employees an d representatives. 13) Indemnity Customer shall defend, hold harmless and i ndemnify the Company, its officers, directors, members, affiliates, employees, or contractors from and against any and all damage to persons, property or both (including death) or other liabilities (includi ng, but not li mited to, investigation and reasonable legal expenses) resul t ing from the Customer's (or its employees, invitees or subcontractors) negl igence or misconduct, violati on of law or breach of this Agreement. 14) Termination. This Agreement may only be terminated by the Customer by providing written notice of Company's breach of the Agreement and, only after providing a r ight to cure the breach and, Company fails to cure the breach w it hin 30 days of w ritten noti ce. Except as otherwise provided in this Agreement, the termination shall have no effect upon t he rights of the parties prior or existing transactions and any liabilities. Upon termination, Company shall w ind down its work in progress i n a safe manner, protecti ve of Customer and Company owned or operated property, and Customer and Company shall work in good fa ith to close out an service in an exped it ious manner. 15) Assignability. This agreement is binding and shall in ure benefit of all successors and ass igns. This Agreeme duties hereunder and any retention of Company Agreement may be ass igned in whole or in part, written consent of the parties to this Agree 16) Notice. Any notice to be given under this Ag party to the other shall be in writi mailed to the other party at its ad successor addresses as t he pursuant to this provision . 17) Entire Agreement . Thi s Agreement sha ll constitute the entire agreement between the parties and sha ll govern the relationship of the parties notwithstanding any previous writte n agreement and/or any previous or subsequent ora l understandings or agreements. 18) No Waiver. No waiver of any provision or condit ion of t his Agreement sha ll be implied or imputed by reas o n of a party's fa ilure to compla in or to seek remedies because of any previous breach or violation . 19) Severabil ity. If any clause or provision of this Agreement is found by a court of competent jurisd iction to be invalid or unenforceable, the bal ance of this Agreement shall be enforced as the written agreement of the parties. 20) Credit History. Customer represents and warra nts t hat it has the financ ial means to meet i ts obligations under this Ag reement, and Customer he reby agrees that Company may, at any t ime, investigate the credit history of Customer. 21) Disputes, Remedi es: Except for claims by the Company for co llection of fees, the parties ' knowingly and vo luntarily ag ree that the any controversy arising between them shall be resolved by binding arbitraf under the rules of the American Arbitration dgement on the award may be entered by any ,sdiction. Under no circumstances shall either party her for loss of profits or revenues, or for any ental, consequential or punitive damages, and any theory of liabi lity. ' fees Ju r and Jurisdict ion and Venue. The e that if Company files a lawsuit to co llect any money payable under this Agreement, i n any su i t brought, any sha ll be entitl ed to recover its reasonable costs and ys' fees. Each party, to the extent permitted by law, vo luntarily, and intentionally waives its r ight to a trial any act ion or other lega l proceeding arising out of or to this Ag reement. Customer and Company agree to persona l jurisdicti on and venue i n Cuyahoga County, Ohio and neither Company nor Custome r sha ll object or oppose personal jurisdiction or venue if the lawsuit is fil ed in Cuyahoga Cou nty, Ohio. Excused Performance . Neither party to t his Agreement shall be liable for its failure to perform or delay in performance due to contingencies beyond its reason able control, inclu d ing but not limited to, unsafe cond itions1 weather, str ikes, riots, compliance with l aws or governmental orders, fir es, or acts of God To draft a resolution to piggyback off of Sourcewell Street & Roadway Sweeping contract No. 062421-SWP , awarded through competitive bidding, to issue Sweeping Corp. of America (SCA), doing bus in ess in Florida as USA Services of Florida , LLC., a purchase in the amount not to exceed $209,383.02 for the Street Sweeping service of the cu rb ed roadways in the C ity of Hialeah. Sweeping Corporation of America I 4141 Rockside Road. Suite 100, Independence, OH 44131 I 216-777-2750 www.SweepingCorp.com DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP Sourcewell ~ Solicitation Number: RFP #062421 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Sweep America Intermediate Holdings, LLC, 4141 Rockside Road, Suite 100, Seven Hills, OH 44131 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Facilities Maintenance Services from which Supplier· was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts {Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires August 8, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Rev. 3/2021 1 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that extends beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier's authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier's responsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be Rev. 3/2021 2 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; Rev. 3/2021 3 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation _in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and will be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier's employees may be required to perform work at government- owned facilities, including schools. Supplier's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourceweli and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell Rev.3/2021 4 DocuSign Envelope ID: 620E245O-C677-4A83-8A2C-A10C3E686BCA 062421-SWP contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier's acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be negotiateddirectly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: Rev. 3/2021 5 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A10C3E686BCA 062421-SWP • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: • Participating Entity Name (e.g., City of Staples Highway Department}; • Participating Entity Physical Street Address; • Participating Entity City; • Participating Entity State/Province; • Participating Entity Zip/Postal Code; • Participating Entity Contact Name; • Participating Entity Contact Email Address; • Participating Entity Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased Rev. 3/2021 6 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier's Authorized Representative is the person named in the Supplier's Proposal. If Supplier's Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties. Rev.3/2021 7 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell's responsibility will be governed by the State of Minnesota's Tort Liability Act {Minnesota Statutes Chapter 466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Supplier. b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier's trademarks in advertising and promotional materials for the purpose of marketing Supplier's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, Rev.3/2021 8 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Neither party may alter the other party's trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's trademarks only in good faith and in a dignified manner consistent with such party's use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services. Rev.3/2021 9 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP 14. GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Rev. 3/2021 10 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy{ies) in effect at all times during the performance of this Contract with insurance company{ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A-or better, with coverage and limits of insurance not less than the following: 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG000l {2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms Rev. 3/2021 11 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer's Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data -including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is Rev.3/2021 12 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted b_y law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY /SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. Rev.3/2021 13 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act {40 U.S.C. § 3145}, as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. Rev. 3/2021 14 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the 0MB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names Rev.3/2021 15 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED {31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 u.s.c. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation Rev. 3/2021 16 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval. N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. 0. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier's actions pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. Rev.3/2021 17 DocuSign Envelope ID: 620E245D-C677-4A83-BA2C-A 1 0C3E686BCA 062421-SWP 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell "DocuSlgnccl by: By:~,..:~IAkf") Jeremy Schwartz Title: Chief Procurement Officer 8/5/2021 I 6:48 AM CDT Date: __________ _ Approved: l,DocuSlgned by: By: ~~~ Chad Coauette Title: Executive Director/CEO 8/5/2021 I 6:57 AM CDT Date: ----------- Rev. 3/2021 Sweep America Intermediate Holdings, LLC ~J.O:~s By: C65CBA257A53411 ... M.J. DuBois, President, DuCo, LLC Title: Authorized Contract Administrator 8/4/2021 I 10:19 AM PDT Date: _________ _ 18 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA RFP 062421 -Facilities Maintenance Services Vendor Details Company Name: Address: Contact: Email: Phone: Fax: HST#: Submission Details Created On: Submitted On: Submitted By: Email: Transaction #: Submitters IP Address: Bid Number: RFP 062421 DuCo, LLC 1079 Tamiami Tri N #350 Nokomis, Florida 34275 MJ DUBOIS mjdubois@ducollc.com 410-924-1004 410-924-1004 81-1963530 Thursday May 06, 2021 10:06:15 Wednesday June 23, 2021 08:25:49 MJ DUBOIS mjdubois@ducollc.com 283ad96f-1 d25-45df-bb9f-63468354624b 47.201.57.209 VendorName:DuCo,LLC DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA Specifications Table 1 : Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank ; respond "N/A" if the question does not apply to you (preferably w ith an explanation). I.Ille IOallloa . ... 1 Proposer Legal Name (one legal entity only): Sweep America Intermediate Holdings, LLC EIN: 62-1 348993 2 Identify all subsidiary entitles of the Proposer Al subsidiary entmes are organized under Sweep American tntennediate Holdings, UC. whose equipmert, prcduc:11, or sen,ices an, SCA Equipment LLC included in the Proposal. Sanol"ech Jet Vac Services LLC SCA of OH , UC SCA~.lnc. SCA of Geor;la LLC SCA of SC, LLC Hy-Tech P'!)p9IIY S~ LLC ~-----ot,A!Mdcalnt:. SCA Reily Sweeping Inc. USA Services of Florida LLC Sweep A Lot Inc. SCA of IN LLC SCA of Ml LLC SCA of CA LLC Sweeping South Inc. ~ SeMes Inc. Clean Sweep Inc. Total Asphalt SeMCes LLC U.S. Sweeping Inc. Envin>SweepLLC Envin>Sweep Specially Services LLC SCA of MO LLC Monisvile Sweeping Inc. SCA Reily Sweeping Inc. (PA) SCA Reil'/ Sweeping Inc. (MD) Reily S-i,lng Inc. (OH) Superior Sweeping Service Inc. C&J P1111<r,g Lot SeMces Inc. Buckeye Sweeping. Inc. Andrews Street S1'1eeping LLC Contraclo111 and Municipal Sweeping Services, Inc. Cleanstreet LLC Miler Pacific Enterprises Inc. Jonset Corporation cannon Pacific Services Inc. 3 Identify all applicable assumed names or OBA SCA Sweeping Corporation of Amenca -see attached certificate -OH names of the Proposer or Proposer's subs idiaries in Line 1 or Line 2 above. 4 Proposer Physical Addreaa: 4141 Rockslde Road Ste 100 Saven Hill, OH 44131 5 Proposer website address (or addresses): www.sweepingcorp.com 6 Propos«'a Authorized Representative (name, lllle, M.J. DuBois, Authorized Conlnld Adminislralor - -., email address & phone) (The DuCo, LLC. --must haw, authority lo sign 1079 Tamisni Tr1 N #350 the "Propose(s Assurance of Compliance" on Nokomis, FL 34275 behalf of the Proposer and, tn the event of 410-924-1004 award. wil be expected ID emcute the resulting mjdubols@ducollc.com contract): 7 Proposer's primary contact for this proposal M.J. DuBois, Authorized Contract Administrator (name. tIUe , address, email address & phone). Duca. LLC. 1079 Tamiam, Tr1 N #350 Nokomis, FL 34275 410-924-1004 mjdubois@ducollc.com 8 Proposa(s other conlac:ls for this proposal, ij any Mike Siragusa, Vice President (name, blle, address, email address & phOne): 4141 Rodtaide Rd STE 100 Seven Hils OH, 44131 MSitagusa@-pingcorp.com 469-265-1373 Bid Number: RFP 0624 21 Vendor Name: DuCo, LLC DocuSign Envelope ID : 620E245D-C677-4A83-8A2C-A10C3E686BCA Table 2 : Company Infor mation and Financ ial Stre ngth Line ~ Raap-.· .... 9 Provide a brief history of your company, induding yo ur HISTORY & HERITAGE co mpany's core values. bus iness philosophy, and in dustry Sweep America Intermediate Holdings, LLC , doing business as SCA Sweeping Corporation of Amenca (SCA). is the longevrty related to the requested equipment, produds or largest self-performing power sweeping services provider in the United States. With an emphasis on quality se!'Vlce and services. customer focus , they q uickly became the nation's elite Nonh Amenca Power Sweeping Association (NAP SA) certified swe eping contractor. Although SCA was formed in 2017, the ir sweepin g hentage began in 1960 with the found ing of Contract Sweeping & Equipment in Columbus, Ohio . SCA can offer their customers a superior experience in sweeping services as well as an all-encompassing NP DES (National Pollutant Discharge El imin ation System) stonn-water plan with their sweeping and sewer JetVac solutions and best in class vehicles. Their reliable se1V1ces have been trusted by municipalities , State Departmen ts of Transportation , construction contractors and commercial, par1ong, and industrial properties throughou t the mid-western. eastern and southern United States. Since February of 2017, SCA has completed 25 strategic acquisitions and look forward lo continuing to identify inorga nic growth opportunities in markets across the US. As of May 2021 , SCA has 50 operabng locations. MISSION STATEMENT To be the premier power sweeping services company in North America by providing safe, reliable and econom ical solutions to our customers while adhe ring to our core values. CORE VALUES SAFETY: Our employees are empowered and res ponsible for the complete safety of themselves, our customers end the areas where we operate. SERVICE: We uphold an unwavering commitment in providing our va lued customers the highest level of respectful, efficient and reliable service, INTEGR ITY' Do the right thin g, at the right time for th e right reason . We keep our prom ises to our stakeholders -our customers, our communities and each other GROWTH· We promote a collaborative work environment w here our employ ees can make a difference and reahze their full potential. Together the SCA team win dnve our continued growth and success . OUR SAFE and HIGHLY QUALIFIED DRIVERS. To ensure the highest quality service , SCA is a drug free wonc;place. All SCA opera tional personnel must meet the following guidelines/requirements: Possess a current comm ercial driver's license and valid DOT medical ca rd. Pass a pre-hire drug screen, background check and ph ysical. Participate In random drug & alcohol screening Allow annual review of their Motor Vehicle Record AfHays wear an ANSI dass three (3) safety vest Particip ate in monthly safety meetings. If an employee accumulates more than 6 points on thei r MVR in a 3-year penod they are subJect to immediate dismissal Extensive job specific training is provided via equipment manufacturer's video. insurance vrdeos , and hands-on tra ining, A supervisor will ride with each new employee until they are pro ficien t in the safety, maintenance, and operation of a street sweeper. SCA drivers are always required to adhere to traffic laws and are aware that offenses such as sweeping against the now of traffic w ill result in discipl nary action up to immediate dismissal. All of their maintenance staff are factory trained and undergo additional training annu ally. Unifonned SCA personnel operate clear1y tdentrfied sweepers which include the SCA company logo, phone number, operational location and US DOT number. 10 What .,. your company's expeclallono in the event ol an award? SCA hOpes ID build on their pn,sent amomer base by adding the &billy ID u1iiz8 an awarded Sourcewel Corttrac:t. An awarded con1rad wil -SCA lo contmue the~ company's growth, provide Soun:ewel Members with impeccable senlice, allow Souraiwell members nationaly dilcoun1ed prices and open oppol1unilies to SCA ., the educational and non-pmfit mart<ots. 11 Demonstrate your financial stre ngth and stability with meaningful Sweep America Intermediate Holdings, LLC (SCA) is a sound and stable company. Please see attached Certificates data . This could include such items as financial statements, of Good Standing, Bonding Quali fication , and Bank Letter. The Duns number for this entity is 08-095-4905 SEC filings, credit and bond ratings, letters of credit. and detailed reference letters. Uplo ad supporting documents {es SCA has many more Certifi cates of Good Standing and will be happy to provide any Member with this infonnahon . applicable) In the document upload section of your response. 12 W1al is your US maitet 5l1are for the solutions Iha! you are Today, SCA is ten limes larger than Iha! of the~ closest ccmpetitor. H is hard to establish a mar1<et shale tor their proposing? services aa It is a highly fragmented mar1<at with over 1 .000 local ccmpanies across the United Sta!Bs. Many municipalities sell-petfonn which makes mar1<et share tough to calculate. SCA Is the o~ truly scaled sweeping sell- pertonning oweeplng services provider and their scale enables them lo bring a higher level of 10phislicalion creating numerous advantages relative to their ccmpelllon<. 13 'Miat is your Canadian mar1cet share for the solutions that you Today. SCA has no operati ons in Canada, SCA has an in.teresl in expanding firs t into the On tario area. If there are proposing? becomes more in terest among the Canadian Members, SCA will examine the opportunity to expand into other Canadian territories as welt 14 Has ycu-business ever petitionad for ~ protedion? n SCA nor its parent company has ever ftled tor ~- so, explain ., detail. 15 How is your organization best descnbed. is it a manufacturer, a SCA is best described as a service provider with SO locations across the United Slates. SCA emp loys a staff of distributor/dealer/reseller, or a service provider? Answer over 1200 full-time team members that will be proving sales support and performing all services related to any whichever question (either a) or b) just bel ow) bes t ap phes to awarded Sourcewell contract. your organization. a) If your company is best descri bed as a distributor/dealer/reseller (or similar entity). provide your wntten authonzation to act as a distnbutor/dealerlreseller for the manufacturer of the products proposed in this RFP. If applicable, is your dealer networit independent or company owned? b) If your company is best described es a manufacturer or service provider. describe your relationship with your sales and service force and with your dealer network in delivering ttie products and services proposed in this RFP. Are these individuals your employe es, or the employees of a third party? 16 tt applicable. provide a detaed explanation outlining the Sweeping Corporation of America and/or listed subsidiaries holds many Contractors Lk:ensea in the following states licensas and cer1iflcations Iha! are both requlted 10 be held, (not Umited lo lhaJe stateo): AL. MS. LA, TN, MS, VA. TN, MO, LA, and adualy held. by your organ,at,on (Including third parties and subconlraclors that you use) In pinut ol the txmiass SCA or fisted subsidiaries holds business licenses or business ragis1nltion& in the following states (not limited lo these conll!mplated by this RFP. llales) VA. DE, NJ, PA. CA. IN, MO, OH, WI. SC, Al. GA. MS. AL. TN. KY. OK, MD. NC, RI , TX. FL SCA holds a Florida Department of Health Operating Permn If a member requires a specific ficense to do business, SCA is able to obtain that license. 17 Provide all ws uspension or Debannenr information th at has Nei ther SCA nor any subsidiari es have ever been suspended or disbarred durin g the last ten years. applied to your organizati on during the past ten years. - - ,_ ,- Bid Number: RF P 062421 VendorName :DuCo , LLC DocuSign Envelope ID : 620E245O-C677-4A83-8A2C -A10C3E686BCA Table 3: Industry Recognition & Marketplace Success U.lam CllMlloll Raeponae · 18 Descri be any relevant industry awards or recognition that you r SCA has been consistently recognized by vanous th ird-party org a nizati ons across our footprint at tne local. reg ional. company has received in the past fi ve years and national level. Th ey have included a few awards below. Atthough they appreciate the recognibon, they feel as though the best measure of success 1s renewal and refe rra l busines s from their current cu stom ers. Sw eeping Company of the year by Pavement Ma intenance and Reconstruction magazine in 2019 WSA Sweeper of the Year in 2017 East Tennessee Clean Fuel Fleet Award 1n 2019. NAPSA Certified Sweeping Company In additio n ta the above awards, SCA 1s also a proud member of the follow ing trade and industry groups that have high standards for thei r members, especially the National American Power Sweeping Association which certifies compan ies fo r their service levels. 60 Years of Sweeping Heritage National Am encan Power Sweeping Assocation American Public Works Association Property Management Associa tion National Association of Sewer Service Companies American Road and Tran sportation Builders Association 19 Whal percentage of your sales are 1D the govenvnental sector Approxima11,!y 37-40% of SCA's 1Dtal sales are to DOT, County and Municipal customers for the last 3 yearg, In the peal tine years 20 Wlat percentage of your sales are to the education sector in Less than 1% of SCA sales have been to no~profit and schools during thal same time period. the past three years 21 List any -· provincial, or coopera1MI purdlasing contracts SCA does not hold any ccoperatiVe purchasing contracts. Iha! you hold. IMlat Is the annual sales volume for each of these cantrads o""' lhe peal tine years? In the last year, SCA received over $24 mlllon In revenue with 13 state agencies covered by 67 contracts with the lolcwlng statas: AL CA, FL GA, LA, MD, MS, NC, PA, SC. TN, TX AND VA In the last year, SCA recelwd ovar S15 miaon of contracted ..........,., with owr 325 local municipalities and counties across 18 .-1: ~~~~GA.~~-~-~~~~~mTX=~ Tho prior two lrflU8I penods are comparable ID the 2020 annual mLricipal sales volumes. 22 Lisi any GS A contrecis or Standing Offer> end Supply SCA does nol hold any GSA or Standing Offer Arrangements. Arrangements (SOSA) lhel you hold. What is the annual sales - volume for each of these contracts over the past three years? Table 4: References/Testimonials Line Item 23 . Supp ly reference information from three customers who are eligi ble to be Sourcewell partici pating entities. Enllly-· ~-· PllomNmnber' City of Groveport, OH Walter Wagner 614-830-3910 ex 1402 See atta ched Letter City of Phlwr, TX Ignacio AmHCUa 956-402-1231 ex 1199 See attached Latter Township of Fell, PA Josep h Amao 215-949-9000 ex 281 See attached Letter Town of Brookwood, AL Joe Barger 205-556-1300 See attached Letter Table 5: Top Five Government o r Education Customers Line Item 24 . Provid e a list of your top fi ve govern ment , education , or non-profit customers (entity name is optional), includi ng entity type, the state or province lhe entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from th e past three years . Enllly-Enlllylype " _,_..... ._.,wan· llafllT .............. Dalor\laloaaPDtllwNY-• Georgia DOT I Government Georgia -GA Sweeping and JeWac Services S2,817,000 lo 57,744 ,000 aMually S13,054,669 Alabama DOT -Govemnent Alabama-AL Sweeping Services $588,000 ID S 1,764,000 amually $4,020 ,177 Birmingham City of Memphis Government Tennessee -TN JetNacuum Services S492,906 to $1,802,000 annually $3,940,819 Florida DOT -Ga,emment Florida -FL Sweeping Service s S399,600 to $1,132,000 amually $2,143,426 District 5 -Brevan:I Florida OOT • Goverrvnent Flo rida · FL Sweeping Services S284.218 to 5874 ,824 annually S2 ,009,835 District 5 • Orange Bid Number: RFP 062421 VendorName:DuCo, LLC DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA Table 6 : Ability to Sell and Deliver Service Describe your company's capability lo meet the needs of Sourcewell participa ting entities across the US and Canada, as applicable . Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers a re your direct employees (or employees of a third party), and any overtap between the sales and service functions. u.a.nQaatlaa 25 26 27 28 29 30 31 32 33 Sales fo rce. Dealer networf< or other distribution methods. Service force. DelC'lbe in delBI lhe process and pfOC8dlR al your a,stcmer senriat program, W applicable. Include your resl)Qnll&-time capabilities and comrnltmenta, aa wel aa any incenllves that help yoll' providetS meet your stated sel'llice goals or prorniaeI . Descri be your ability and w illingness lo provide your products end services to Sourcewell participating enti ties in the United Stales . SCA has a fully-staffed sales force. There are 14 Regional Sales managers that provide coverage across all SO locations in the United States. Tho se Regional Sales Managers provide support for all of SCA's lines of business. All Reg ional Sales Managers report to a Governm ent Bid and Contract's Manager who repons directly to a Vice Pres ident of Sales. There Is no dealer networt<. There are 50 SCA locations. See attached for Map al locations and !isl al cities/states SCA emp loys over 1200 full-time team members throughou t their 50 locations. SCA owns all of the equipme nt to be used in performing facil ities maintenace services for Sourcewell Members. SCA'• praprieta-y vss l9chnalagy -c:ustomeB ID lag 11110 a custom dat.o-baled portal la viaualy see real-lime and Nslancal ~ cyde data. n.s inlomullian can be uuy exported for biling verification and reporting IMWing the cua1Dme(1 parlcing Iota, -and highways an, being swept as they e,cpec;t. SCA guarantees service sau.-n. If SCA does not complete the scope al wor1< ID the cuslDmefs satisfadJon, they wil redo lhe 11198 in question. The rell)Qnse time is uslJ8ly lhe same day and wel within 12 ha1n. The service time wil be completed within 48 hoU'S. SCA provide• GPS reparta on competed M9eping cycles purauant ID the attached cus!Dmer -flyer. Each SCA lite will have a Regional Sales Manager and a Project ~r contad for each job. These contacta wil be listed on the Sourcewet Quote that 1B presented ID the Member. SCA is in business to se lf.perform facilities maintenance services, paric:ing lot sweeping, street sweep ing, JeWacuuming, dosed circuit TV pipe inspection and porter services. SCA is aggressively pursuing new business growth opponun1ties within North America, and a contract with Sourcewell supports their overall corporate strategy. SCA is continually expanding th eir network of loca tions and is willing to provide services 1n the areas of their curre nt locations. SCA is also willing to provide services nationally beyond th eir current locations. See the attached Advertising in the Municipal Magazine recently published. Describe you-abiity and wilingneu ID provide yaU' prodUdS SCA does not have any operations cum,ntly in Canada. SCA is continually ~ their networlc al locations and is and -ID Soun:awel patticipabng entities in c..-. wiling ID provide -in Canada where able. SCA is open to expanding Into Canada. Identify any geographic areas of the United States or Canada SCA will cove r all of the United States. SCA will cover parts of Canada, specifica lly in the Ontario area. that you will NOT be fully serving through th e proposed contrad. ldenbly any Sourcewel participating entity sedors Q.e., gawmment. education, nal-fl>r1)1'0ffl) that you wi1 NOT be U,, serving through the proposed conlnlc:I. Explain in -1. For example, does yoll' company have only • regional presence, or do olher cooperative purchasing contracta llmH your abllty to promote another contracr? Define any specific contract requirements or restrictions that woutd apply to our participa ting entihes in Hawaii and AJask a end 1n US Temtories. There are no participating entity &edDto that SCA wil not cover fuly. SCA will participate with Hawaii, Alaska end other US Temtories. There will be fees for equipment mobilization where there ,s no local presence. The fees w ill be to cover costs of equipment transportabon. Ttus will not be a profit center for SCA. AU appl icable charges will be discussed in the quote process prior to any Member issuing a Purchase Order. Bid Number: RFP 062421 VendorName:DuCo ,LLC DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA Table 7: Mar keting Plan U.. .... QIINllml 34 35 36 37 Describe your markebng strategy fer promoting this contract opportunity. Upload representative samples of your marketing matenals (1f applicable) in the document upload section of your response . De111:nbe your use of lllchnology and digital dalll (e.g., social media, metadala -) lo enhance mar1<eting effeclMlnesa. In your view, what is SourceNeU's role in promoting contracts arising out of this RFP? HOIN will you integrate a SourceweU-awarded contract into your sales process? Are your produds or services available through an &- procun,menl oJdering procau? H so . detcnbe your e- procurement ~ Im h0W g<M!f1"l1l9fCll and --customers have used it Table 8 : Value-Added A ttributes SCA has an integrated marketing strategy that ubhzes both traditional and non-traditonel marketing ch amels to drive leads and convert prospects. The mejonty of their marketing efforts are digitalty focused and utihze the following pnm ary strategies to idenbfy new prospects, leads. and opportunities. See attached examples of electronic marketing ffyers. 1. Search Engine Optimization (SEO) 2. Sean::h En gine Mar1<eling (SEM) 3. Customer Segmentation Analysis for Targeting 4. Sales Playbook, Sales Manual and Sales Pitch deck developed and utilized by SCA's sales team . 5. B2B direct mar1<eting strategies (Integrated) In addition to the above strategres , SCA also utilizes direct sales strategies wo rking with our 14 Regional Sales Managers (RSMs) located across the footprint as well as their Site and General Managers that are our customer's primary contact tor any wor1< to be completed . SCA will tra in all of ttieIr sales staff with the assistance of MJ 0uB o,s. Contract Adm1n1strator. and make use of Sourcewelr s available employe es, extensive collection of vendor support materials. This training will be accomplished both by group sales meetings and one-on-one virtual meetings. MJ DuBois has been tra1n1ng in the marketing and sales of Sourcewell Contracts for over ten yeas with an abundance of success. SCA will take an aggressive approach to marketing SourceweU. SCA will include Sourcewell Logos in their service brochures and on their website . SCA will wa nt their customers to immediately know that they have a Sourcewell Contract available for their utilization whether they ere a member or went to become a member. In order to further ensure that SCA is fully maf1(eting the value of Sourcewell, SCA w,U encourage their sates staff to attend reg ional Sourcewell trainmg sessions as we ll as ubhze their assigned Sourcewell Vendor Developmen t Manager to assist in answering questions for Members interested in learning more about the value of the Sourcewel procurement process. See attached ads recently published in Municipal Magazine. SCA has invested heavily over the last 6+ months in mat1<eting technology and reJOurces. Below is a lhort Ast of some of the tools SCA utilize& to llad< performanc:e of al of their marketing eflnria. 1. Slsense -Periacope -A data__, tool Iha! -us lo buid a dashboard lo befler analyze al the digital martceting metrics from our ad campaigns. 2. SalesFcxa! -A cus1omer relationship m.,_ment (CRM) tool lo optimize the lalea and reporting processes. 3. Asana -A projeel management tool SCA usea n a taam lo ensure 1hey en, not forgetting about any specific tasks relaflld to the 30+ projoda 1hey are wortcing on at any time. 4. Treflo -An onin■, lisl-<nalclng tool Iha! -• for team -ration and task tracking 5. FlipHTML5 -An onlne tfopboolt tool Iha! allows SCA lo amvert POFs to embedded HTML mcuments with lnteradMty and ful -menl traddng 6. V,ame -An onrine design tool that -SCA to inlemaly dewlol) al different types of mar1<eting communications. From inlo1jrapNca lo social media promotions ID ful advertisementB. SCA has made signfficanl Investments in third-party consulting tltms in 2021 that an, e,q,erts in digital marl<eting. Voglio -Digital Marlteting & Adllertising Perception Builder -weblifll Clptimizabon Scaing lmovalions -Customer Segmentation Analysis Aggregate Insights -Sales Strategy PlaMing and lmplemenlatlon Recent n,sults of SCA llrategies include: SCA has seen a 39% Increase in Google 1st position ntnkings rrom January to April 2021. From January 1 -Feb. 28 vs. Marcil 1 -April 30. web leads have increased by 54%. SCA'• current Rehm on Ad Spend (ROAS) is 16:1. For eyery S1 of ~ fhey are spending, they are generating S16 of net ,_ revenue. (Any1lling gn,afllr than 4 :1 Is considered successful.) SCA'• n,vsnue per lead is 1,694% greater than their cost per lead. Sourcewell knows how to promote their contracts! SCA believes that Sourcewelrs marketing model works and that is demonstrated by the growth in Sourcewell sales The basis of SCA's longevity is servi~rated and Sourcewell is well aware of this concept SCA Is firmly committed to the Sourcewell contract buying concept and Is in agreement that rt is the way of the future . SCA will create sessions at the fr National Sales Meetings ded icated solely to Sourcewell sales education and training. Th ese sessions will fnciude how to property sell, using any contract award, question an d answer periods, and testimonials about SCA success stories with the contract. SCA'1 services wil not be available through an e-,procurement order process as each customer site ls different and will need to be viewed by a Regional Sales Manager prior ID quoting. Um-a.-, --- 38 Describe any product, equipment, maintenance . SCA will not provide tra ining as a part of the scope of this contract. SCA will provide services; no equipment is to be used by or operator training programs that you offer to the Member Sourcewell participating enb!Jes. lndude details. such as whether training is standard or optional, who provides tra ining, and any costs that apply. Bid Number: RFP 062421 Vendor Name: OuCo, LLC DocuSign Envelope ID : 620E245D-C677-4A83-8A2C-A10C3E686BCA 39 Desaibe any technological advnnces that your VERIFIED SWEEPING SERVICE® proposed products er services offer. SCA is the only sweeping company to offer the prt>prietary Verified Sweeping Servi""® (VSS). Their prt>ven state-of-the-art VSS portal slows the~ customer.; to confum that specific Gel>-lenced areas (contracted segmont of pari<ing lots/roads/highways} have bean swept minimjzjng the use of a human inSpector, saving on ccsts. Sourcewen entities will have visibility into our active contrad and will be able to VH!W agreed lo Gel>-lence boundaries, service pan,meters (max speed, min broom time , ate.) and a history of work-order completions. Our VSS portal is also available in desktop and mobile devices ID allow for convenient access at any time to view predetennined petfonnance melricg, re-• execution progress, and historical perspectives of SCA's services All equipment used by SCA in the coi.ne of completing Membefs Job Onlers ccmply with the latest EPA emission standanls. SCA's ne,; equipment pun:nases consist of the following types of equipment that far exceed industry standard and are considered far superior due ID their lechnologic:aJ advances: M6 AVALANCHE (MECHANICAL SWEEPER) 5-Yard Mechanical Sweeper The Schwarze M6 Avalanche"' is eemi'lg its reputation as the premier heavy duty machanical broom sweeper in the American mari<elplace. The versatile Scl>Narze M6 Avalanche sweeper.; offer many of the des,gn innova1Jons that have become the Schwane® hallmail<. The Sctr.varze® Easy Change Conveyor System makes tt a breeze ID repair or replaa! a conveyor. Or go from a squeegee type ID a belt type conveyor on the same machine. The free tloat. impact resistant. drag shoes take lateral imped from milling cuts, manhole cover.; and aubs and flexes back into place, Elgin -Broom Bear (MECHANICAL SWEEPER) Rugged and made to last, the Elgin!> BrtJOm Be"'® four...,t,eel mechanical (broom ) sweeper is the most eff'tcient on the mart<ol Mounl!!d on a commertially aveilable conventional or cab-over chassis with fuRy dualized contrt>ts (singltHteer optioneQ and an inteBigent single,i,ngine design that utilizes the chassis engine to power the sweeper. The Elgin Brt1om Bear features a large hopper and water tank, which means more productive sweeping time. Single-engine design keeps maintenence or the need for replacement sweeper part£ ID a minimum. A variable dumping height and 11· (279 mm) of hopper side-shift ensures easy dumping. This sweeper is available wi1h your choice of squeegee or no-jam belt conveyor systems. depending on the app&cetion requirements. The short wheelbasa. large brooms, and dual mode air suspension system make the Elgin B1t10m Bear ideal for sweeping In both congested urban areas and far away Nral locations. The Elgin Broom Beer is ava!able as an optional alternetive fuel sweeper including compressed natural gas (CNG}. Nltehawk Sweepers -Osprey II -Regenerative Air Sweeper for Low Prt>file Applications (Pari<lng Decks/Garages) The next generation Osprey II is engineered to perlonn In the most diverse operating envirt>nments. Built on a low ptofile conventionel chassis, this sweeper can excal in any location. 35 yean; of Inspired design end field testing hava culminetad in the best-in-class sweeping perfonnance of the Osprey II. The advenced hydraulic systam has the power to sweep anything you throw in front of ll Reliable quiet operation lets you dean where no other SW98p&r can. Powerful, silent and efficient There is simply nothing else like ll Advanced HydrauliCS -Generate power and reliabiltty where you neod tt most "Stealth Sweeping'" System -Single engino hydraulic design defivers the quietest perfomlanca of any sweeper 5 year warranty -longest wammty of any sweeper manufadurer Lowest Co51 of Operation -No auxiliary engine delivers perlonnance with efficiency Customized Applk:ation -Passenger &Ide brooms , specialized cameras, a,stom paint -we can build your per!ed untt Innovative Controls -User friendly contrcts custcmized for operators Longevity -NtteHawk l\as been producing sweepers for over 45 year.;. Support -full service dealOIShips and tactory support thltlughoul the us. Driver Friendly -Simple operation, training and No CDL requremenl SawerEquipmem Co. of America MODEL 900 ECO COMBINATION SEWER CLEANER Sewer Equipment Co. of America intnxluces the Model 900 ECO Combination Sewer Cleaner trud<. The 900 ECO utilizes prtJYOn technologies ID deliver a machine with • simplicity that is unequaled In the combo jet vac trucl< induslly. The M~ 900 ECO operating platfonn offer.; lhe best in dass fuel efficiency and noise reduction for opemlor safety . tt aB starts with our patented "Hydrt> Drive" powertrain system. The Hydro Drive powers the pump and blower in addition to the auxiliary hydraulic sys1ems. 'l\lhen you are ready to wori<, simply put the trucl< in neutral and apply the pari<ing brake and mdt !he cab whie the combo truci< remains in neutral and power is taken directly from the chassis engine . assuring operatcr sal1!ty during opera6on. as there is no transfer case to slip into gear. The simplicity a1 the operato(s station begins with the ffip of one swilch: Wori< Mode. The operator can utilize the remaining three switches (waler pump, blower, and thltlttle) to go to wor1< with ease. 'l'lhat's more , there are no special sequences required, thars ill Additionally, simplicity continues with the use of 12-volt eledrical switches, relays, and solenoids lhn>ughout the trucl<, making tt easy for mechanics lo run diagnostics and maintain the equipment Moreover, no special laptops or software programs required: an you need is a simple tast light and a hydraulic pressure gauge. CUES -Sewer and Pipeline Inspection Systems CUES PRE-BUILT MAINLINE AND LATERAL INSPECTION VEHICLES CUES TV/LAMP (maintine and lateral prt>be) inspection vehicles to help locate electric lines, water li nes, gas lines. sewer lines, and other pipes in the path of boring machines to avoid penetrating or damaging the pipes. Prtor to the inttlatlon of horizontal boring. use the CUES TV/LAMP inJCk system lo perfonn pan and tih inspections of the mainline sewer pipe while viewing and locating Jateral services. CUESTV LAMP vehides can inch.Ide a variety of inspection equipment based on your specific needs. Trucks indude stale of the art Evolution Interior Ill, featuring an ergonomic design lo achieve ease of operation, sal1!ty, and convenient storage to produce the most efficient, rugged, and re liable system In today's mar1cet Safety Technology -Scorpion II® TMA Truck Mounted Attenuator After 17 year. oo the road, over 2,000 documented impact&, and thousands of live, saved aero" the globe, the Scorpion TMA'1r, Patented design is the safest and most reliable Truck Mounted Attenuator available today! The Scorpion II TMA consists of s1rul and cartridge sections that ate linked tcgather on a support rreme. This open cartridge design reduces wind resistance and increases fuel efficiency when deployed on the Job stte and when trave ling at highway speeds. Each energy absorbing cushion has an Aluminum honeycomb core that is endo68d by aluminum powder coated box module that prt>vides maximum durability and longevity, The Sccrplon II Is equipped with omnivclt LED brake, directional. signal and running lights to further enhance edvanced warnings to driver!;, When impeded, the Scorpion's modular design aushes in pn,gressive stages, which reducas the impact forces on the vehides occupants and results in lower repair ccsts and easy parts replacement. The curved side rails are mode from corrosion resistanl aluminum tubes and offer ful width impact protection along the entire length of the Scorpion II by safely redirecting the impacting vehide eway from the deadly •coffin comen;• at the rear of the inJCk. Unlike the Scorpion II, most other manulad!.nrs Crash Attenuator models have ltt1e or no sid.,..,ngle impac:I prt>tectlon The Scorpion II TMA is the world's first Truck Mounted Allenuatcr eligible for MASH. TL-3 tested at 62.5 mph (100 kph): see FHWA Eligibiltty letter CC-132 for details. - Bid Number: RFP 062421 V e ndor Name: DuCo, LLC DocuSign Envelope ID : 620E245D-C677-4A83-8A2C-A10C3E686BCA 40 Describe any •green· initiatives that rela te to As a certified Sweeping Company by the North Amencan PD'w'er Sweeping Associa tion, SCA has me t all their cnteri a (partial list your company or to your products or services. below). and include a list of the certifying agency for Certified Members shall agree to compty with all local , slate and federal regulations in regard to the proper disposal of each. sweeping debris. Certified Members shall provide to customers proof of proper disposal me th ods upon request. A Commitment to Excellence The defin ition of quality is confonnance to requirements . NAPSA established the industry standards for proper1y and professional operation of a power sweeping business. Approved by the American National Standards Institute, the NAPSA/ANS I Power Sweeping Standard (PSS1000-2018) defin es the procedures professional power sweeping companies endeavor to implement to provide qual ity services to their customers . By implementing and adhering to the Power Sweeping Standard. companies can reduce the ir legal exposure while increasing employee satisfaction and retention. NAPSA's Power Sweep ing Standard -201BPPS1000 All equipment used by SCA 1n the course of comple ti ng Member's Job Orders comply with tne latest EPA em ission standards. In addrtion. SCA works close ly with our procurement partners to 1dent1fy suppliers that are focused on sustainability and develop their products wi th this 1n mind. Below are highJights from one of our primary vetiide supp li ers . Schwarze The Schwarze mactunes that SCA utilizes are certified on the Callfomia South Coast Arr Quahty Management District Rule 1186 -Less-Polluting Sweepers . SCAQMD Rule 1186 requ ires local governments within the South Coast Air Qual ity Management District to procure certified street sweepers for new equipment purchases or new street sweeping contracts ma de after J anuary 1. 2000 (there are no retrofit requirements under Rule 1186).Various SCAQMD regulations also require procurement of certified street sweepers to implement specific rule requiremen ts. Th is Hsi of equipment is updated periodically based on certifications test results and in respo nse to new information. The SCAQMD Governing Board adop ted Rule 1186 street sweeper testing and certification procedures in Sep tember of 1999. Th is standard that was set in Southern California is now nationally recognized as a standard when purchasing sweepers. 41 Identify any lhin:l-party isaued eco-labels, ratings SCA is a cenrfied Sweeping Company by the Nor1h American Power Sweeping Association. or cel1ifications Iha! your company hU l'IICIIMld for the equipment or ploduda included in your Prcposal ,_ to energy eftlc:iency or -. lif8.cyde design (--). orothergreen/sl.ulinab-.. 42 Oesaibe any Women or Minonty Business Entity SCA is not a WMBE . SBE or veteran owned business. (WMBE). Small Business Entity (SBE), or veteran owned business certifications that your SCA will utilize a Small Woman Owned Bus iness, OuCo, LLC to administer. track. and report any awarded So urcewell Co ntract. company or hub partners have obtained. Upload SCA comm itted to hiring Veterans and Personal w ith Oisab lliti es in our hiring practices. documentation of cert ification (as applicable) in the document upload section of your response. Bid Number: RFP 062421 VendorName:DuCo, LLC DocuSign Envelope ID: 620E245O-C677-4A83-8A2C-A10C3E686BCA 43 Wlat unique -. -your company, your SCA Competitive Advantagec pmduc:ts, or your services offer lo SoLrCeWel participating entitie1? \/'lhat makes your proposed 1) U11119at sweeping company in the US, 50 locetiona, 20 states solutions lrique in your indus1ry as tt applies to SCMa!Well participating entities? 2) Scala -"Hometown huslle with national muscle", Extensive -ol back up vehicles 10 mamtain aarvice 3) Sn • Oedicated personnel for lraining and coaching, 44 dillerent !raining PIOQfllma, DriveCam"' by Ly1x. Law reputational risk both proleuionaly to the decision maker and to your organization 4) Experts • In different oweeping lecl1nologies and services lnctudlng: air, broom, and oewer deaning 5) People • F.. HR !unction plus dedicated team of -lo malntein and grow atafflng levels lo support all sizes ol contracts, Employer choice aqia batter quaity, Training, benefits and lldvancemenl (tt is not a job, tt is a career) 6) Efficient & i:-ic:111 • High .,_ at low coat 7) Oependabla • We have I lmve fleet that continues lo grow and the financial strangth/capital lo purdiasa more. SCA also has the newest fleet -which reduces down time 8) Law Risi< • Law reputational risk for the decision maker and o,vanization, \ISS -SCA's new propnetary Verified Sweeping Se,_ 1Dol that shows real tine sweeping cyde data, Transparency into our contradlld aclivities 9) Beat Technology • T-n al trucks that integn,te moAtiple performance lools. vsse (Please see below), GPS, Maintenance- ..-.i tech SAFETY To enhance eq10Pment visibdity and the safety ol the trave&ng p...aic al SCA -pers and lolow trucks Include the ~ badwp camera, • J80..deQree roteting beacon on the front ol the vehicle, LED mar1<er and taillghts, WOl1< lghls, retledive tape, multiple strobe lights, and -.moving vehicle signs. SCA Regenerative air -are equipped with ICC bumpers lo provide ..-ride p,-. and ulllze • crash atblnullDr (■-,ha 1000 or equal) for al oweepjng "l'8f8lions that occur batw.n dusk and dawn. SCA's mecl1anicll broom -pers and lo-trucks poaaeu a "48 X 96" ctaas C LED 8ITOW board on the rear o1 the machine. -rw,ly, SCA folow trucks include a 62 MPH truck mo..,ted attenuator for uae on higher speed roads. SCA meets or exceem all MUTCD guldellnas for traffic conbol & safety. SCA operational personnel are furnished with al personal proteclMt equipment such as first aid kit, gloves, safety glasses, dust masts, talety -. ~. 1llb. tire e>dinguilher, etc. re<µred for the performance ol their duties. Al company vehicfH carry a a,py ol our 5-Equipment FlJid R-SOP and our Hwm1ous -Spil Response Kits and Reporting SOP. n-items are ,._ with openitional paBOMel al each location on • regular basia. Safety is a priomy for SCA managers and il an effort lo enhance safety, their managers: perform quarterly vehicle inspections, hold formal monthly safety maetinga, -driwr accident procedural, review spil SOP, have daiy aalety talks with drivlm, miew w0tlt zone safety guldelilea, require personnel to attend -defensive driving coines, petlorm Pre/Poat bip vehicle ftle audits, review driver safety .-. perform a quar19rty road teat with each driver. and perform random audita regarding traffic control. Periodicaly SCA'a inM.rw>ce company visits their operational lacilitie• for safety inspedlons. SCA company policy slates that W any operational personnel -re l'1ll0N'8d in any type ol accidant or property ~ the employee Is to immediataty rotify their supervisor. SCA management woud then contact the person imlolved to n,solve the Issue al no cost lo the city and report the de-lo the appropriala city persomel. In the event SCA Is in\/Olved in a vehide accident the location super,,isor and corpore1a oalety manager wiD review and onvestigate the acddent 10 minimize the chance ol ,a. occurrence. SCA'• Nghly trained professional opermtn, combined with SCA'• relablo ecµpmenl, enoure they are prepered lbr any cleaning ~-SCA guarantees they wl e>cceed their aJSIDmer's expeclations! QUALITY ASSURANCEAJUAUTY CONTROL SCA will task the Operations Supervisor or the deaignaled representetive member of Site Management to Inspect the worlt performed and sclledule any needad COTT9Ctiona within 48 hours. SCA's quality goal is to n,move 95% ol the debris conaiderad normal day lo day buildup Ind this plan wtl allow for the completion ol the -cyde and dowing additional shills ID coned any aucit deficiencies. F.-up -ping resulting from an -.i deficiency wtl be performed at no cost to Sourcewell entities. In the event ol ongoing contract deficiencies SCA wt submtt a Correc:tiwt Action Plan to SoureeweD entities with targeted scope and date, bme completion goals. SCA wd furnish daiy reports to SOlffl!Wel entities (by 10.-00 AM) ""'8cting routa (from lo location specific), personnel, equipment. hours wol1<ed end dump lidcets from debris dispo&al for the pnwious day. Sourcewel entiliea personnel wil continue to have access to the SCA VSS® sys1em installed in all SCA Swaeplng Ind suppcrt equipment. Thia wit allow geo-location trad<ing ol au sweeping resources ll5Signed to Soun:ewell entities il n,al time. Tradting information available Includes but is not imited 10 the loGownq: a . Vehicle Identification b. Onwr ldentificalion c. Vehicta Systems Status (Water on/off, Broom on/off, /wx Engone on/off) d. Tracking Information (1cca1ion. ciredion ol travel, speed, stops) e. Route Playbaclt (date/limo from/lo) We utilize swaepera meeting PM-10 criteria for control of particulate matter. SCA wll utilize water for dust suppression. We wll not utilze water at a temperature ol 40 ° F or less to allOid Icing ol the roadway. Swaeping will not occur di.ling heavy rain or during periods ol snow or Ice. VERIFIED SWEEPING SERVIC~ SCA is the ~ aweepilg company 10 offer their proprietary Venfied Sweeping Servic4 (VSS). This proven atate-ol-lh&-a/1 VSS portal alows their C2111Dmers to confirm that speaftc ga<>-lenced areas (conb'aclad segment ol roads/highways) have been awep~ mininizing the use ol a human inapedDr, saving on costs. Sourcewell entities will i-visibifdy into their actiw contract and will be able to view agreed to ge<>-fence boundaries, service parameters (max speed, min broom time, etc.) and a history ol worl< order completions. The VSS portal is also avalable in desktop and mobile devices lo allow for convenient access at any Ume to view pradelermined performance malrics, real-Imo exaculion progre .. , and historical per-.peclives of SCA'• oarvices. Bid Number: RFP 062421 Vendor Name: OuCo , LLC DocuSign Envelope ID : 620E245D-C677-4A83-8A2C -A 10C3E686BCA Table 9 : Perfo rma n c e Standa rds o r Guara ntees Describe in detai l your performance standaros or guarantees, including conditions and req uirements to qualify, claims procedure , and overall structure. You may upload r epresentative samples of your performance materia ls (if applicable) in the document upload section of your response in addition to respon ding to the questions below. LIiie ... 44 45 Describe any perform ance standards or guarante es that apply to your se rvi ces Describe any service standalds or gua<lllims that apply lo your oervices (policies, metrics, KPts, ate.) .....,_. . SCA will task the Opera tions Superviso r or the designate d re presentative member of Site Management to inspect the wo rk pe rformed and schedule any needed corrections within 48 hours. SCA's quality goal is to rem ove 95% of the debri s con sidered norm al day to day buildup and this plan will allow for the completion of the sweep cyde and allowing additional shifts to correct any audit deficiencies. Follow up sweeping resulting from an audit deficiency will be performe d at no co st lo Sourcewell entities. In tho event of ongoing contract de ficiencies SCA will submit a Corrective Action Plan to Sourcewell entities with targeted scope and date, tim e completion goals. SCA w ill furnish daily reports to Sourcewell en tities (by 10:00 AM ) reflecting route (from to location specific), persoMel, equ Ipmenl hours worked and dump tickets from debris disposal for the previous day. Sourcewell enti ties personnel will co ntinue to have access to the SCA VSS® system installed in all SCA Swe eping and support equipm ent. This will allow gea.location tracking of all sweeping resources assigned to SourceweU entities in real time. Tra cking information availab le inciudes but is not limited to the foll owing. a. Veh icle Identifica tion b. Driv er Identifi ca tion c. Vehicle Systems Status (Water on/off, Broom on/off, Aux Engine on/off) d. Tracking Informa tion (loca tion, direction of travel, spee d, stops) e. Route Playb ac.~ (date/time from/lo ) We utlhze sweepers meetmg PM--10 criteria for control of particulate matter. SCA will utIhze w ater for dust suppression. We will not utilize wate r at a temperature of 40 ° F or less to avo id icing of the roadway. Sweep ing will not occur dunng he avy ram or dunng periods of snow or ice. SCA has the previou sly described VSS/GPS that they will show as proof that work w as actuall y performed . Any customer can log into their own porta l to see real lime data. SCA will also gu arantee that the customer is satisfie d or they w ill re-d o an y wane that th e customer may not be happy with at no charge . For catch basin. pipe d eaning as well as CCTV work, SCA will clean and insp ect the Member's pipe to the standards of the local mun1apality. For any seMce not performed pursuant to the local municipal standard, SCA will re--do the work at no additional charge. See aboYe statements NAPSA (North American Power Sweeping Asaocietion) Certified (requirements below) tnstnnce: Members lhall agn,e to cany n,asonable leval8 of liability insurance and pro-;ide wstomers a copy of certificate of insur8nce upon request Membel'1I shall -to cany -• compensation iMuranoe on al employees and require that al IUbconlrac:toB axnply wi!h IIUdl rulu. Regulations: Members lhall agree to comply with al local. state and -ral n,gwitions in regards la the proper dlaposal of sweeping debris. Members shal provide to customers proof of proper cisposal mell'<lds upon request Members shaD coiled and pay al appropriate lal<es, including al payn,D, sale and fuel lalce&. Employee• Member llhal agree lo provide training for al equipment Member lhal continuously amve to provide employees with a safe wolking conditicns. Members shall ~ al slate and -laws In regards to compensation. General: Members agree lo conduct their bt.alesa w1lh honesty, integrity and project a protesaional image in al ondeawrs. Members agree to be trulhlUI and non-dec:epth/9 In adW!r11sing. Members agree lo al proposals shall be complete and 8caJJ'llte in deaaibing servtceslproducts n,nden,d, Tabl e 1 O: Payment T erms and Fin a n c ing Opti o n s LIiie -~ ~ . ... 46 Descnbe your payment terms and accepted payment methods? Net 30 days. Payments may be made by Check, ACH transrer and wire transrer. 47 Desaiba any leasing or financing options available for use by Then, an, no financing or leasing options for services lo be provided in the scope of this solcitation. educational or goverm,enlal entities. 48 Briefly describe your proposed order process. Include enough The Sourcewell Member will contact an SCA Region al Sales Manager for an initial request for quote. The Reg ional Sales detail to support your ability to report quarterty sales to Manager w1U review the Memb er's requirements end, if necessary, will make a site visit to determine the estimated Sourcewell as described in the Contract template. For equ1pment and hme involved for th e project The Regional Manager wia contact SCA's HO (Governm ent Bid Manager) for example , indicate whethe r your dealer network is inciuded in tracking and estim ation. The Government Bid Manager w ill then prepare a quo!e based on tne Sourcewen Pncing, Terms your response and wheth er each dealer (or some othor enbty) and Conditions woli<ing with MJ DuB ois. The Government Bid Manager will then send the Member the quote for review. will process the Sourcewell particrpating en tities' purchase The Member will then send a Purc/iase Order to SWEEPING CORPORATION OF AMERICA'S HQ for the project ord ers. scheduling. SCA's Go ve rnment Bid Manager will disperse the proj ed to the correct location for fulfillment. The Go vernm ent Bid Manager will forward any Purchase Ord er lo MJ DuBois for proper Sourcewell Sales Reporting. The local Project Manag er will complete the pro;ect and report back to HQ that the job is complete. Then SWEEPING CORPORATION OF AMERICAN will in voice the Member. 49 Descri>e any standatd tranaadion doannents that you propose See attached examples of SCA Panting Lot agreements and Other Service Agreements, these may or may not be utilized to use In connedion wi!h .., IIW1llded contract (order forms, for SoLl'CeWl!I Memben;, terms and conditions, service te.et --· etc.). Upload a sample of each (es ~) In the documenl upload saction of your respome. 50 Do you accept the P~ca rd procurement and payment process? P-card is not accepte d. If so, is there any ad ditional cost to Sourcewell participating entities for using this process? . Bid N umber: RFP 06242 1 Vend or Name : DuCo, LLC DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A10C3E686BCA Table 11 : Pricing and De livery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the templa te Contract, and the Sourcewell Price and P roduct Change Request Form . ... Qlallloll ~-... 51 Describe your pricing model (e.g., line-It is SCA's intent to offer a percentage discount from the published labor rates to the Sourcewell Members on all of the services being offered. item discounts or product-category SCA's discount will be based on a percen ta ge off of the profit-making portion of this award. discounts). Provide detailed pricing data (indudlng standard or list pricing and the SCA's intent is a simple percentage discount calculation. SCA will not discount casts of added items such as water, dump fees or equipment Sourcewell discounted price) on all of the mobilization tees as these items are invoiced es a pass through (at cost) price to the Member. items that you want Sourcewell to cons ider as part of your RFP respo nse. If applicable, provide a SKU for each item in your proposa l. Upload your pricing matenals (if applicable) in the document upload section of your response. 52 Quanbfy the pricing discount --SCA Is pn,poaing a 3% discount from al the~ tabor rates. by the pricing pn,posal In this response. For example, ff the pricing In your rnponae n,prasents • peramtage cha>u1I trom MSRP or list. state the percentage or pen:entage range. 53 Describe any quantity or volume discounts There are no standard quantity or volume discounts as each service j ob is differenl or re bate programs th at you offer. 54 Pn>poae a method cl faciitating "sourced" Related 1etvices labor rates wiD abo be discoun11td at the same rate as the contraa disccunl I18ms Invoiced which are considered "open l)n)Qlcta or ratated services, which may marker wit be invoiced at cost plus 20%. be referred to •• "open meru,r il8ma or "nonstandard options". For example, you may aupp1y such item• -a1 cosr or "al coat plus • percentage," or you may ll4)l)ly • """" for each such request 55 ldenbty any element of the total cost of SCA will charge for Water used in the providing of services pursuant to loca l water costs, if custom er does not provi de it. SCA will charge for acquisit10n that is NOT induded in the disposal fees if the a.istomer elects to have them transport and dispose of debris collect at a pass through price (weight ticket substantiated). pricing submitted with your response. This indudes all additional charges associated Equipment mobihzabon and fu el may also be required based on customer location SCA wdl quote these costs prior to any Member issuing a with a purchase that are not directly Purchase Order. identified es freight or shippin g charges. For example, list costs fer items like SCA is the only party tha t would charge any or these fees. No third-parties will be billing these fees to any Member inspecbon, installati on, set up, mandatory training, licensing fees, or administrative charges. Identity any parties that impose such costs and their relationship to the Proposer. 56 tt fnllgh\ delivery, or shipping Is an tt SCA locations are within the member servica a111a, then, wiD be no mobilization charges. -cost to the Sourcewel partiapatlng entity. describe In detal the tt the Member location Is beyond the SCA regular service an,a, hight charges may apply. These charges wil be dlscloaed at the quoting stage complele highl lhipplng, and deMfy 10 each Member will be luly informed cl freight CNllll"• prior ID lsmng a P~ Order. pmgn,m. 57 Specifically describe freight, shipping, and Ple ase see answer above. Any freight or mobilization fees are not profit making center for SCA. Costs will be at a pass through price. delivery terms or programs available for Alaska , Hawaii, Canada. or any offshore deivery. 58 Descnbe any unique dismbution a~r Nol applicable tor a service provider. deliwfy methods or options ollered In your proposal Tabl e 12: Pri cing Offered Una lbal'llclngm...ilnGllsPrapoulla:· Comlmals ... 59 c. batter than the Proposer typically offers to GPOs, cooperative procurement organizations, er state purchasing SCA recogn izes the value of the national v olume this contract can offer and has departments. discounted th eir prices accordingly. Bid Number: RFP 062421 Vendor Name: DuCo, LLC DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA Table 13: Audit and Administrative Fee I.Ila .... -......... 60 Specifically describe any self-audit process or program that you plan to employ to venfy Due lo the unique nature of SCA's contract representation, SCA builds in an compliance witn your proposed Contra d wrth Sourcewell. This process includes ensuring uiat automatic audit process . OuCo. LLC, being the Contract Administrator and being Sourcewell partlopatmg ent1t1es obtain the proper pricing. that the Vendor reports all sales involved in the Sourcewell quotation process, a11ows for this self-audit process. SCA under the Contract each quarter, and that the Vendor remits the proper administrative fee to will net have to rely on muttiple report focations for an accurate accounting of sales. Sourcewell DuCo will have the ability to account for every sale at time of order. There will be no after-the-fact gathering of information required. DuCo will collabora te with the Government and Bid Contract's Manager on every quotabon for the Sourcewell Member under the contract guidelines, terms and condibons. Every Sourcewen Member quotation delineates the So urcewell Contract Number. IN'hen a Purchase Order is received, SCA will require the Purchase Order to reference the contract number. The Purchase Order will be cop ied to DuCo. This process makes it dear for all personnel to recog nize th at it is a Sourcewell Contract Sele. The sale, when received, is booked and accounted for on a Sourcewell sales spreadsheet This makes the end of quarter reporting complete and an time. As a secondary check, when SCA receives a payment for a comple te job, SCA will verify the contract used in the purchase. This ensures the correct accounting for the sale on a second level. 61 " you are awarded a ccntrac!, provide a few examples cf internal metrics that will be tracked SCA values the ability 10 service Scw-cewell Memben; with their services In order far ID moasu'8 whether you are having sua:ess with the contract. SCA ID ensure they are pfOViding a product that Scurcewell Members wan~ SCA wil be evallaling the sales, ~ and Arnlaly, 10 ensure growth. SCA wil reopond aa:ordingly 10 spec:ilic n,gicnal perfonnance through sales training aa wel as participation In Soun:ewell training dauea. SCA is expected 10 inaaase their salea each year. SCA operates with an annual rnartting plan 10 ensure that they maximize their cunach 10 potential cuatcmers, including Scurcewel Mombers in order 10 achieve their goal. 62 Identify a proposed administrative fee that you will pay to Sourcewell for facihtating, managing, SCA will pay a fee of 1% for services performed. The 1% will not be calculated on and promoting the Saurcewell Contract in the event that you are awarded a Contract. This fee costs such was water used, mobilization if applicable, and dump fees which are pass 1s typicatty calcu lated as a percentage of Vendor's sales under the Contract or as a per-unit through prices. fee ; it is not a line-item addilion to the Member's cost of goods. (See the RFP and template Contract for additional details.) T abl e 14A: Depth and Breadth of Offered Equipment Products and Services ~ jQlatlan . 63 Provide a detailed description of the equipment, products, and SCA will provide facility maintenance services such as: services tha t you are offerin g in your proposal. Poner Services LittJer Pickup Pow-er Washin g Par1<ing Lot Sweeping Street Sweep ing Catch Basin Cleaning Pipe Cleaning TV pipe inspeclton See attached detailed examples of Scope of Work provided. 64 \Mlhin this RFP category there may be subcategories cf Street and higtrNay sweeping services. ackrticna. Lill subcategory titles that best describe your products Pipe Cleaning Services and services. Catch Basin Cleaning Pipe Inspection SefVice s Grease Trep Cleaning See attached examples cf Scope of Wcr1< or Other Services Table 148: D epth and Breadt h of Offered Equipment Pro ducts and Services Indicate below if lhe l isted types or classes of equipmenl, producls, and services are offered within your proposal. Provide additional comments ,n the text box provided, as necessary. Line Clllllgory wlp CIIIIN· ~ .. 65 Janitorial, custodial, r. Yes Porter Service, Litter Pickup, power w ashing, catch basin cieaning, TV pipe inspection, grease trap deaning and housekeeping, cleaning, and r No stonn/sewer/water pipe deaning sanitizing services 66 Landscaping, grcundsl<eeping, r-Yec Landscaping, snow removal, grounds maintenance, catch basin cleaning, stoon water retention system deaning. par1<ing lot lawn mcw,ng, IIOOW removal or ,.. No sweeping, road sweeping, highway sweeping. snow plowing, and grounds maintenance aervas 67 Maintenance, management. and r Yes r/a operations of facihties. systems, r. No components. and surfaced areas (hcrtzcnlal and vertical facilities) 68 Menagemeni adm lnistralJcn. € Yea Management cf an of the above services. Including suggested maintenance schedules. labor. personnel, !Dols, ,.. No equipment, supplies , and technology related ID or incidental to cflemg aclu1icna described in Line Numbers 65 • 67 In Table 14B . . Bid Numbe r: RFP 062421 Vendor Name: DuCo , LLC DocuSign E nvelo pe ID: 620E245D-C677-4A83-8A 2C-A 1 0C3E6 86BCA Table 15: I ndustry Specific Questions LIiia QDNIIDn Rupome· .... 69 Describe your staffing recruitment, SCA takes a structure d end standardized approach to recruiting , candidate sele ction and employee retention to ensure they have a ready flow of seloction, and retention capabilities for qualified, trained employees to perform at the highest levels for their customers . Their recruiters deploy a wide variety of in-person and automated participating enbt1es at various s1ages techniques (community outreach, Al pre-screening programs, skill-based assessments to name a few) to continuously source applicants and rm therr of facilities ma intenance or pipeline through the most challenging talent acquisition times. SCA maintains robust screening and on-boarding processes to ensure comphance with management services outsourcing DOT and other regulations, while ensunng the candidate exp eri ence ls a positive and interactive one. Once employed, SCA engages their employees (initia l implementation, provide r in a wi de variety of wa ys to con tinuously monitor job satisfaction, ensuring they identify and address any concerns ear1y. SCA's goal is to transition , hybrid service model, etc.) continuousty improve retention and satisfaction of their workforce tlvough clear communications, promotional opportunities, and a well-rounded benefit and pay program. 70 Oesaibe your p(000$S for SCA has ex1IOnliwt e,cperience WOl1<ing with mt.nidpaities and other entities in crHting custom llatementB of Wed<, service levels. quality control development of pat1icip■ting entity -of work. service levels, plans, and pelfotmance - qualty CXlntrcl plans, and perlclTnance Our Regional Sales Managers wil WOii< with par1ic:ipating entities persomel ID 8ducate and disaJla a thorough W0<1t scope and qually controf plan -(as applicable). 10 ensure e,cpedations are being met for al lacetB of the projeet(&) . A wide range of options wll be disaJlaed so entitieS wil know al the ...,_ options ID them and !hey wil be able ID pick a l8M0ll level plan that la taibred ID their needs bued on !heir requnmenls. From a quality control and performance perspectiw, SCA'• proprietary VSS technology alawa customera ID log in1D a custom cloucM>ued portal to vtaually see real-time and historical sweeping cycle data. Information can be euiy exported for billng wrfflcation llnd reporting lhoWing -and lighways are being -t just as axpec:l8d. Sweeping ccntrac:15 can Involve Ions to hlAidrada to thou5ands of miles of ~ which can aeate --for lnspedln to monitor and Inspect. VSS 10M>S this Issue by prowling real time and his!Drical data such u location, mies 1W9Pl speed, and eduel MNpirQ time. 71 Describe technolog y and software VERIFIE0 SWEEPING SERVICE® applications used for recordkee ping SCA is the only sweeping company to offer th e proprietary Verified Sweepin g Service® (VSS ). Th eir proven state-of-the-art VSS portal allows their end reportin g, and identify Ille ability customers to confirm that specific Geo-fenced areas (con tracted segmen t of pan<ing lots/roads/hig hways) have been swept, minim izing the use of a to integrate with participating entity human inspector, saving on costs. Sourcewell entities will have visib ilrty int o our active contract and will be able to view agreed to Geo-fence technology or software appl ca tions, as boundaries, service parameters (max speed , min broom time, etc.) and a history of work-orde r completions. Our VSS portal 1s also available in applicable. deskto p and mobile devices to allow for convenient access at any time to view predetermined perlormance metncs, real--time execution progress, and historical perspectives of SCA's service s. See attached infonnation fo r more informa tion. 72 Describe any pn,cecues related to SCA has pnlferred -llllllu5 rmtionships Wllh manulacllrets such as NileMwtt (par1ang tot -) and Schwarze Industries (street sweeptn). suppler-povided equipment. produdll . were lhey get exa,plion■I aenrice -\l9hicle availabilty for any vehicle purc:haee1. This -SCA to lnc:re-their -size and mobize and supples, and the abill1y to meet equpment fer • new ccnlnld laster than anyone else in the industry . SCA also hu similar deals with Continental r.,,. fer maintenance of their pertidpaling ontlty requirements (cost. existing tleel irMntory, ~. etc.). These rutionlhips translate into lower costs for acquiring and maintaining equipment which alOW11 for fleet expanaion llnd IUltainable C0\19,_ fer Sourcewal members. 73 Describe any procedures related to With the preferred supplier status relationshi ps established , SCA receives priority when in need of new equipment. parts, and factory service. Thi s participating enllty•provided or supplier-allows SCA to increase their fleet size , keeps the ir equipment ruMing and ready for superior response and service to their customers . acquired equipment. products , and supplies. SCA belongs lo two (2) group purcliesing organizations, Coretrust Procurement Group (office supplies, shipping, etc.) and Procurement Analytics (indu strial parts fer inventory) to allow SCA to team up with other companies to get volume discounts. Table 16: Exceptions to Terms, Conditio ns, o r Specifications Form line Item 74. NOTICE. To identify any exception, or to request any modifica tion, to th e Sourcewell template Contrad terms, conditions, or specificatiol'\S, a Proposer must submit the exception or requested mod ification on the Exceptio ns to Terms, Conditions, o r Spe cifica tio ns Form immed iately below . The contrad section, the specific text addressed by the exception or requested modlfJCalion, and the proposed modification must be identified in detail. Proposer's excep bons and proposed modifications are subject to review and approval of Sourcewell and will not automatiealty be included in the contract. CaaactSecllDII -~orlF II IIIIN1 EacepllDD or......,... llloclll ~ I Do cuments Ensure your submiss ion doc ument(s ) conform s t o the foll ow ing : 1. Documents in PDF fo rmat are preferred. Documents in Word, Excel . or compatible forma ts may also be provided. 2 . Documenls should NOT have a securi ty password, as Sourcewell may not be able lo open the fi le. II is your sole responsibility lo ensure lhal the uploaded documenl(s) a re not either defeclive. corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3 . Sourcewell may reject any response w here any document(s) cannot be opened and view ed by Sourcewell. 4 . If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding lo. For example, ff responding to lhe Marketin g Plan category save the document as "Marketing Plan ." • flil;ing -SCA Services Pncing Sourcewell Pricing 6_22_2021 .xlsx -Tuesday June 22, 2021 11 :06:33 • Financial Strength and S1abil1ly-Table 1 and 2 Rep DBA Certs Bond Bank.zip -Tuesday June 15. 2021 13:10:27 • Markeljng Plan/Sampl es -Table 4 and 5 Ads docs location csr svc lestimonials (2).zi p -Thursday June 17 . 2021 11 : 14:13 • WMBEIMBE/SBE or Related Certificates (optional) • Performance s1andards or Guarantee tnformalion -SCA Customer Service System vss SUCK.pd! -Tuesday J une 15. 2021 13:19:02 • Standard Transaction Document Samples -Std Transaction Docs.zip -Tuesday June 15, 2021 13:11 :45 • Upl oad Additional Document -Table 14 Scope of Work.zip -Tuesday June 15, 2021 13:18:23 Bi d Nu mber: RFP 062421 Vendor Name:DuCo ,LLC DocuSign Envelope ID : 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA Addenda, Terms and Conditions PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative or the Proposer submitting the foregoing Proposal w ith the legal authority to bind the Proposer to this Affidavit and Assurance or Compliance. 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good stand ing in the jurisdiction of its residence. 2. The Proposer wanrants that the informatio n provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting w ith the creation or this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fai rly without any fraud or dishonesty. The Proposer has not directly or indirectly en tered into any agreement or arrangement with any person or business in an effort to influence any part or this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint or free trade or competitiveness in connection with this solicitation . Additionally, if Proposer has worked wi th a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation . 4 . To the best or it s knowledge and belief, and except as o therwise disclosed in the Proposal, there are no relevant facts or circumstances which could g ive rise to an organizat ional conflict or interest. An organizational conflict or interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents or the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will nol be communicated lo any such persons prior to Due Date of this solicitation. 6. If awarded a contract, lhe Proposer will provide to Sourcewell Participating Entities th e equipment, products , and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Pro poser possesses, or will possess before delivering any equipment, products , or services, all applicable licenses or certifications necessary to deliver such equipment, products , or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts , purchase orders, or mea ns thal a re acceptable to Sourcewell Members . Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under a n awarded Contract. 9. The Proposer w ill comply w ith all applicable provisions of fed eral, state, a nd local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirely. Under M innesota Statutes Section 13 .591, subdivision 4, all proposals are considered nonpub lic data until the evaluation is compl ete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11 . Proposer its employees, agents, and subcontractors are not: 1. Included on the "Specially Designated Nationals and Blocked Persons· list maintained by the Office of Foreign Assets Control or the United States Department or the Treasury found at: ht10 s-J/w\w1 treaswy,qoytofac/downtoadstsdnlisJ.pdf; 2. Included on the government-wide exclusions lists in the United States System for Award Management found at: https'llsam goy/SAM/: or 3 . Presently debarred, suspended , proposed for debarment, declared inelig ibl e, or volun tarily excluded fro m programs operated by the Sta te of Minnesota; the United States federa l government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and wanrants that neither it nor its principals h ave been convicted of a crimin al offense related to the subject matter or this solicitation. l1J By checking this box I acknowledge that I am bound by the terms or lhe Proposer's Affidavit, have the legal authonty to submit th is Proposal on behalf or the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation . - M .J . DuBois, Contract Administrator, Sweep America Intermediate Holdings LLC The Proposer declares that there is an actual or potential Conflict or Interest relating to the preparation of ,ts submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligation s contemplated in the bid . o Yes " No The Bidder acknow ledges and agrees that the addendum/addenda below form part of the Bid Document . Check the box in the column "I have revie wed t his addendum" below to acknowledge each of the addenda. FleNarM Addendum 3 Facilities Maintenance Services RFP 062421 Thu June 17-202 1 05:05 PM -- Addendum_2_ Facilities Maintenance Service,_RFP _062421 Wed June 9 2021 04:23 PM Addendum 1 Facilities Maintenance Services RFP 06 2421 Wed June 22021 08:48 AM -- Bid Number: RFP 062421 I have reviewed the below addendum and atlachmenta (If applicable) Pagea Ve ndor Name:DuCo,LLC DocuSign Envelope ID: 92CF1B00-9C8D-4CB3-B64F-C77482AD9D49 AMENDMENT #1 TO CONTRACT #062421-SWP THIS AMENDMENT is by and between Sourcewell and Sweep America Intermediate Holdings, LLC (Vendor). Vendor was awarded a Sourcewell Contract for Facilities Maintenance Services effective August 5, 2021, through August 8, 2025, relating to the provision of services by Vendor to Sourcewell and its Members (Original Agreement). The parties agree that certain terms within the Original Agreement will be updated and amended and only to the extent as hereunder provided. IN CONSIDERATION OF the mutual covenants and agreements described in this Amendment, the parties agree as follows: 1. This Amendment is effective upon the date of the last signature below. 2. Section 18. Insurance, Subsection A. Requirements, Item 5. Network Security and Privacy Liability Insurance of the Original Agreement is modified to reduce the minimum limits required to $1,000,000 per occurrence and annual aggregate. Except as amended by this Amendment, the Original Agreement remains in full force and effect. Sourcewell Sweep America Intermediate Holdings, LLC DocuSlgned by: ~ SfU,\J,tY Matth ...... ~~e~~~.:~BF ••• coo Title: Director of Operations & Procurement/CPO Title: __________ _ D 1/13/2022 I 8:35 PM CST ate: __________ _ Date: 1/13/2022 I 1:48 PM PST Sourcewell-APPROVED: Doc:uSigncd by: ~(p~ Chad c ...... J~?~'E817A64CC ••• Title: Executive Director/CEO D t 1/14/2022 I 8:09 AM CST a e: __________ _ Q.~partment of State I Division of Cor~ I Search Records / Search by Entity ~ / Detail by Entity Name Florida Limited Liability Company USA SERVICES OF FLORIDA, LLC filing Information Document Number L21000534708 FEI/EIN Number 59-2936530 Date Filed 12/29/2021 Effective Date 02/08/1989 State FL Status ACTIVE Last Event CONVERSION Event Date Filed 12/29/2021 Event Effective Date 12/30/2021 fdm:lpal Address 448 SPRING HAMMOCK CT LONGWOOD, FL 32750 Miiliog Address 4141 Rockside Road Suite 100 Seven Hills, OH 44131 Changed: 01/21/2022 ~gistered Agent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Authorized Person(1t) Detail Name & Address Title CEO Sisler, Jonathan 4141 ROCKSIDE RD., #100 CLEVELAND, OH 44131 Title Treasurer EXHIBIT I B. DIVISION OF CORPORATIONS Quinn, Gary 4141 ROCKSIDE RD., #100 CLEVELAND, OH 44131 Title Secretary Quinn, Erin Boyts 4141 Rockside Road Suite 100 Seven Hills, OH 44131 Title Regional Vice President Chiodo, Christopher 4141 Rockside Road Suite 100 Seven Hills, OH 44131 Title President Latanza, Michael 4141 Rockside Road Suite 100 Seven Hills, OH 44131 Annual Reports Report Year 2022 2023 2023 Document lmagg Filed Date 01/21/2022 01/16/2023 08/02/2023 08/02/2023 -AMENDED ANNUAL REPORT 01/16/2023 -ANNUAL REPORT View image in PDF format __________ __, View image in PDF format 12/05/2022 -AMENDED ANNUAL REPORT View image in PDF format __________ __, 06/09/2022 -AMENDED ANNUAL REPORT View image in PDF format 01/21/2022 -ANNUAL REPORT 1212912021 -Florida Ljmjted Liability __________ __, View image in PDF format View image in PDF format RESOLUTIONNO. 2023-182 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, APPROVING A PIGGYBACK CONTRACT BY THE CITY OF HIALEAH FOR THE CITY'S STREET SWEEPING SERVICES; AND AUTHORIZING THE MAYOR OR HIS DESIGNEE AND THE CITY CLERK, AS ATTESTING WITNESS, ON BEHALF OF THE CITY, TO ISSUE A PURCHASE ORDER(S) TO SWEEPING CORP. OF AMERICA DOING BUSINESS IN FLORIDA AS USA SERVICES OF FLA, LLC. ("SUPPLIER") IN THE TOTAL AMOUNT NOT TO EXCEED $209,383.02, FOR THE PURCHASE OF ONE YEAR OF STREET SWEEPING SERVICES THROUGHOUT THE CITY AND IN SUBSTANTIAL CONFORMITY WITH THE AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF AS "EXHIBIT A", AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 2-818 of the City of Hialeah Code of Ordinances, whenever advantageous to the City, the City may utilize bids that have been awarded or under contract by the state, county, or other governmental agencies; and WHEREAS, Sourcewell is a State of Minnesota local government unit and service cooperative created under State of Minnesota Statutes Section l 23A.2 l that offers cooperative procurement solutions to government entities including municipalities like the City; and WHEREAS, if the City uses a "piggyback" from state, county, or other governmental agency bids competitive bidding is not required by the City Code; and WHEREAS, the City of Hialeah Streets Department is responsible for the City's general maintenance and cleanliness of City streets within the corporate limits of the City; and WHEREAS, Sourcewell has an existing contract under Sourcewell Street & Roadway Sweeping Contract No. #062421-SWP, awarded through competitive bidding, issued to Sweeping Corp. of America (SCA) doing business in Florida as USA Services of Florida, LLC, ("Supplier") effective through 08/08/2025, subject to any renewals and extensions, see attached "Exhibit A", that the City of Hialeah Streets Department is seeking to piggyback for the purchase of the above- RESOLUTIONNO. 2023-182 Page No. 2 referenced Street Sweeping Services for a one (1) year period commencing on the issuance of a Purchase Order for an amount not to exceed a total of $209,383.02; and WHEREAS, the City finds it is in the City's best interest to enter into an agreement to the contract between the Supplier as herein referenced for the purchase of these Street Sweeping Services when advantageous to the City; and WHEREAS, the Supplier is an active incorporated business entity in good standing in the State of Florida, see attached "Exhibit B"; and WHEREAS, the Supplier has provided a quote of $209,383.02 for the above-referenced services; and WHEREAS, funding for this project will be from Contractual Services account #001.8500.519.340; and WHEREAS, the City finds it is advantageous to the City and in the best interest, health and welfare of the community to approve the piggyback contract specified above. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, THAT: Section 1: The foregoing facts and recitations contained in the preamble to this resolution are hereby adopted and incorporated by reference as if fully set forth herein. Section 2: The City of Hialeah, Florida hereby authorizes the City to use the piggyback contract referenced above for the purchase of Street Sweeping Services specified in this Resolution, and authorizes the Mayor or his designee and the City Clerk, as an attesting witness, on behalf of the City to issue a monthly Purchase Order( s) in the total amount not to exceed $209,383.02, for these services, to be paid monthly, and in substantial conformity with the RESOLUTIONNO. 2023-182 Page No. 3 agreement attached hereto as "Exhibit A," and authorizing the Mayor or his designee to execute such other purchasing documents as are practicable to implement this Resolution. Section 3: This resolution shall become effective when approved by majority vote of the City Council and signed by the Mayor or at the next regularly scheduled City Council meeting, if the Mayor's signature is withheld or if the City Council overrides the Mayor's veto. PASSED AND ADOPTED this 1 ~ ;~--N~~-v..;.,,.e """"b_e_r _____ , 2023. u~~ez Council President Approved as to legal suffic iency and as to form: S:\RAFAEL SUAREZ-RIVAS\ASSIGN~1E~'TS\2023\A-2023 -368(10) Re.so Pigrobxk-USA Sctviecs•5'rtet S"ceping-(S209.383.02)\Funl Oran RESO-PIGGYBACK • St~ct Sw~cping Scf\iccs.doc, Res oluti o n was ado pted by 7-0 with Counci l Pre sident Perez, Counc il Vice Preside nt Garcia-Roves, Coun c il Me mbers Calvo , Pacheco, Rodriguez, Tundido r, and Zo gby voting "Y es". SCA EXHIBIT A. Sweeping Corp of America Service Agreement USA Services o f Florida, LLC (Company) agrees to perform the work descri bed in this se rv ice agreement according to the speci fic terms and co nditions contained herein. Property loca tion Name: City of Hialeah Street: City: State: Phone: Property Contact: Ema il: Phone: Emergency Sw eeping Se rvice Per Hour: $165 Hour M inimum: 4 Portal to Po rtal: yes OT Per Hour: n/a Per Curb Mile Sweeping Service Pe r Curb M ile: $35 .2 5 Pe r Cycle : $15,862.35 Miles Pe r Cycle: 453.21 Contract Term : 1 year Sta rt Date: Fax: Zi p Code: Billing Info Name: City of Hialeah Street: 900 E 56th St. Bldg #4 city: Hialeah Phone : Sw eeps Per Term: n/a Per Sweep: n/a OT Per Hour: n/a Additional Fees Disposal Fee: n/a State: FL Zip Code: 33013 Fax : @hialeah .go v 5 Variable Energy Charge (VEC)*: n/a Env ironmental, Health & Safety Charge {EHSC)": n/a Mobilizati on Fee: n/a "For de tails, please visit www.sweepingcorp.com/vec/ o r www.sweepingcorp.com/ehsc. The Co mpany shall provide equipment, labor, fuel, and any other materials necessary to complete the req uired work. The Company w ill clean an area seven (7) h . w id e from the curb, barrier or paved shoulder edge. No cleaning o peration shall be conducted when there are climat ic conditions present or forecast that would make such an operation ineffectu al or d an ge rous. Company's service is based on removal of a regular day-to-day build-up of material and debris. Any excessive, out of the ordinary, or unusual build-up or res idue of any dirt, debris or material is not covered by the p rice quoted in this agreement under the hourly ra te. Special Instructions / Comments -Additional Space on Last Page, if Needed Sweeping service includes sweeping a ll designated street s 1 x a month. Pricing is based on 12 cycles per year. All cost associated with disposal is included in the per mile rate. Sweeping-S35 per curb mile. 453.21 curb miles per cycle = $15,862.35 per cycle. Contract will will be done through Sourcewell . SCA ID# 062421 ; Ci ty of Hialeah ID# 134 122 Sweeping Corporation of America I 4141 Rockside Roa d . Suite 100, Independence. OH 44131 J 21 6-777-2750 www.SweepingCorp .com Authorized Signatures Th e undersigned individual signing this Service Agreement on behalf of the Customer acknowledges that he or she has read and understands the terms and conditions of this Agreement and that he or she has the autho r ity to execute this Agreement on behalf of the Customer. Customer Co mpany Representative Signature: Signature: Print Name: Print Name: Matt Ford Title: Title: District Sa les Manager Date: Date: 7/25/2023 EXPRESSLY OBJECTS TO ANY ADDITIONAL OR CHANGED TERMS PROPOSED BY C MODIFY THESE, EVEN IF SIGNED BY COMPANY. ANY ORDER TO PERFORM WORK OR COMP CONSTITUTE CUSTOMER'S AGREEMENT TO THESE TERMS AND CONDITIONS. 1) Definitions: "Cust omer" means the entity to which the Company is providing Services under the Agreement. "Agreement" means eit her (i) the contract agreement signed by both parties for t he Services; or (ii) the purchase order signed by Customer and accepted by Company in writing, together with these Terms and Conditions. "Company'' means the Sweeping Corporation of America entity providing Services under the Agreement . 2) Services Rendered: Customer grants exclusi ve rights to Company to furnish all labor, equipment, and services necessary for the performance of the service ("Service") in conforman ith the standards of service set forth in this Agreement ag rees to make payments as provided in the Agr 3) Coverage and Term of Agreement. Th is Agree govern all Services provided by Company as o The effective date and init ial term of automatically renew for su e either party gives written not sixty (60) days before the end o 4) Standards of Service: Services sha ll be best management pract ices of the debris, inclu ding but not limited to accum ations of leaves, silt, compacted dirt, and similar debris w ill be removed as part of the customary and ordinary service under this Agreement., If he Company, at its sole di scret ion, determines that such removal constitutes extra work from that contemp lated under this Agreement, the Company shall, for add it ional compensation consistent w ,th the fee sc hedule provided w i th this Agreement ("compensati on schedu le"), perform extra services as may be requi red to provide the requisite service . The cost to perform extra services shall be as set forth in the compensation schedule. Servi ces sha ll be performed to prevent litter, leaves, sand, dirt and debris from be ing swept into any street side drainage inlets contiguous to or within the designated work ar ea. Customer represents and warrants that all materials to be collected by Company are nonhazardous waste and recyclables . Nothing in this Agreement sha ll convey on t he Company the status of "generator". Any waste swept and collected from the designated work area by Company shall remain the waste of the Customer and it is agreed t hat Company under no ci rcumstances sha ll be deemed to have generated the waste or to own the waste. The Company shall dispose of all waste w ithin t he Customer's dumpster and Customer hereby authorizes the use of its dumpster for that purpose, unless front of this Agreement. Any waste t hat the Customer's dumpster sha ll be th the compensation schedule. ies. Except as otherwise provided herein, Company makes xp ress or implied warranties, including but not lim ited to, warranties of merchantability or fitness fo r a service. All sly discla imed . d Performance. Upon accepta nce by Customer, Company commence performance w ithin the time frame specified by Company or, in the absence of a spe cified time frame, shall commence work within a reasonable t ime and pursue such w ith rea so nable diligence until completed If a scheduled sweeping is not possible due to inclement weather or other unforeseen occurrences, Company shall endeavor to perform the services when the weather or circumstances permi t. 7) Clean Up. Company agrees to remove from the Customer's premises any Company equipment. 8) Payment. Customer shall pay Company for Services rendered monthly in accordance with the compensation schedu le and invoice received. Un less otherwise agreed by the parties in wri t ing, Customer shall pay Company for services within ten (10) days from the invoice date. Company may charge late fees and interest, not to exceed the maximum r ate allow ed by applicab le law, on all amounts past due. In the event a payment is not made when due, Company, at its so l e option, may term inate the Agreement on notice to the Customer and recover all past due amounts. 9) Suspens ion. If any amount due from Customer is not pa id within sixty (60) days of the date of the Company's invoice, Company may, with or wi thout notice, suspend service w it hout terminating the contract, until the Customer has paid all amounts owed to Company. 10) Rate Adjustments. Customer agrees that i t sha ll pay Compa ny for any increase in costs due to an escalati on in energy costs. These surcharges shall be referred to as "energy" on the compensation schedu le. Customer also ag re es that it shall pay Company for increased rates due to increases in Company's costs because of changes in local, state or federal law, rul es, ordinances or regulations applicable to Company's operations or services or because of increases in taxes, fees, costs or other governmental Sweeping Corporation of America I 4141 Rockside Road, Suite 100, Independence, OH 44131 I 216-777-2750 www.SweepingCorp.com charges . These charges sha ll be referred to as "environmental" on the co mpensation schedule. The energy/environmental recovery fe e(s) shall be shown on t he customer invoice . 11) Damage to Pavement. Company shall not be respons ible for any damages to the Customer's pavement or accompanying subsurface, curbing o r other driving surfaces result ing from the Compa ny's Se rvices. 12) Independent Contractor. Nothing contained in this Agreement shall be construed to const itute Customer as a partner, employee, or agent of Company, no r shall either party have any authority to bind the other in any resp ect. It is intended that Company sha ll, in all instances, be and remain an independent contractor responsib le for its own actions and for its own agents, emp loyees and repr esentatives. 13) Indemnity Customer shall defend, hold h armless and indemnify the Comp any, its officers, directors, members, affiliat es, employees, or contractors from and aga inst any and all damage to persons, property or both (i ncluding death) or other liabilit ies (incl uding, but not limited to, investigation and reasonab le legal expenses) result ing from the Customer's (or its employees, invitees or subcontractors) negligence o r misconduct, vi olation of law or breach of this Agreement. 14) Te rmination. This Agreement may only be terminated by the Cus tome r by providing written notice of Co mpany's brea ch of t he Agreement and, only afte r providing a right to cu r e t he breach and , Company fa ils t o cure the breach w ithin 30 days of written notice. Except as otherwi se provided in this Agreement, t he termination shall have no effect upon t he rights of t he parties prior or ex isting transactions and any liabilit ies. Upon termination, Co mpany sha ll wind down its work i n progress in a safe manner, protective of Customer and Company owned or operated property, and Customer and Company sh all work i n good faith to close out an service in an expedit ious manner. 15) Ass ignability. Th is agreemen t is binding and ben efit of all succ essors and assigns. This Agreeme duties h ereunder and any retention of Company Agreement may be assigned in whole or in part, wri tten consent of t he parties to this Agree 16) Notice. Any notice to be given under this Ag party to the other shall be in writi mailed to the other party at its ad successor add ress es as t he pursuant to this provision. 17) Entire Agreement. This Agre ement shall constitute the entire agreement between th e parties and sha ll govern the r elationship of the parties notwithstanding any previous written agreement and/or any previous or subsequent oral understa ndings or agreements. 18) No Wa iver. No waiver of any provision or condit ion of this Agreement shall be implied or imputed by re as on of a party's fa ilure to complain or to seek reme dies because of any previous breach or violation . 19) Severabil ity. If any clau se or provision of this Agreement is found by a court of com petent jurisdicti on to be invalid or unenforcea ble, the ba lance of this Agreement shall be enforced as the written agreem ent of the parties. 20) Cred it History. Customer represents and warra nts t hat it has the financial means to meet its obligat ions under this Ag r eement, and Customer hereby agrees that Co mpany may, at any t ime, investigate t he credit history of Customer. 21) Disputes, Remedies : Except for cl aims by the Co mpany for collection of fe es, the parties ' knowingly and voluntarily agree that the any cont roversy arising between them shall be resolved by binding arbitraf under t he rules of the American Arbi t ration dgement on the award may be entered by any isdiction. Under no cir cumstances sh all either party her for loss of profits or revenues, or for any ental, consequential or punitive damages, an d any theory of liability. r and Jurisd i cti on and Ven ue. The e that if Company files a lawsuit to collect any money payable under this Agreement, in any su it brought, any sha ll be entitled to recover i ts reasonable costs and ys' fees. Each party, to t he extent permitted by law, voluntarily, and intentiona ll y wa ives i ts r ight to a t rial any action or other legal proceeding arising out of or to this Agreement. Customer an d Company agree to personal jurisd iction and venue in Cuyahoga County, Ohio and neither Company nor Cus t omer sha ll object or oppose personal jurisd iction or venue if the lawsuit is filed in Cuya hoga County, Oh io. 23) Excused Performance. Neither party to this Agreement shall be liable for its failure to perform or dela y in performance due to contingencies beyond its re asonab le control, including but not limited to, unsafe conditions, weather, strikes, riots, co mpliance with laws or governmental orders, fires, or acts of God To dra ft a resolu tion to pi ggyba ck off of Sou rce well St reet & Roadwa y Swee pin g co ntra ct No . 062421-SWP , award ed t hroug h co m pe ti tive biddin g , to iss ue Sweepi ng Co rp. of Am e ri ca (SCA), doing busin e ss in Florida a s USA Service s of Fl ori da , LLC ., a purchase in th e a mo unt not to exceed $209 ,383.0 2 for th e Stre et Sweeping service of the curbe d roa dways in t he C ity of Hia leah . Sweeping Corporation of America I 4141 Rockside Road. Suite 100, Independence, OH 4 4131 I 21 6-777-2750 www.SweepingCorp.com DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA Sourcewell ~ Solicitation Number: RFP #062421 CONTRACT 062421-SWP This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Sweep America Intermediate Holdings, LLC, 4141 Rockside Road, Suite 100, Seven Hills, OH 44131 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Facilities Maintenance Services from which Supplier • was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires August 8, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Rev. 3/2021 1 DocuSign Envelope ID: 620E245O-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that extends beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier's authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier's responsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be Rev.3/2021 2 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; Rev.3/2021 3 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation _in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and will be incorporated by reference. S. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier's employees may be required to perform work at government- owned facilities, including schools. Supplier's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourceweli and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell Rev.3/2021 4 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier's acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be negotiateddirectly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: Rev. 3/2021 5 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: • Participating Entity Name (e.g., City of Staples Highway Department); • Participating Entity Physical Street Address; • Participating Entity City; • Participating Entity State/Province; • Participating Entity Zip/Postal Code; • Participating Entity Contact Name; • Participating Entity Contact Email Address; • Participating Entity Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased Rev. 3/2021 6 DocuSign Envelope ID: 620E245O-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier's Authorized Representative is the person named in the Supplier's Proposal. If Supplier's Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties. Rev. 3/2021 7 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell's responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Supplier. b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier's trademarks in advertising and promotional materials for the purpose of marketing Supplier's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, Rev. 3/2021 8 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Neither party may alter the other party's trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's trademarks only in good faith and in a dignified manner consistent with such party's use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services. Rev. 3/2021 9 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP 14. GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Rev. 3/2021 10 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A-or better, with coverage and limits of insurance not less than the following: 1. Workers' Compensation and Employer's liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG000l (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms Rev.3/2021 11 DocuSign Envelope ID: 620E245O-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer's Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data -including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is Rev.3/2021 12 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY /SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. Rev.3/2021 13 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A10C3E686BCA 062421-SWP 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity'' (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act {40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. Rev. 3/2021 14 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations {29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT {33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency {EPA). Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION {EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management {SAM), in accordance with the 0MB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 {3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names Rev. 3/2021 15 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A10C3E686BCA 062421-SWP of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 u.s.c. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation Rev. 3/2021 16 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval. N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. 0. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier's actions pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F .R. § 200.216. T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. Rev. 3/2021 17 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA 062421-SWP 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell ~SduA,m'J By: COFD2A139D06489 ... Jeremy Schwartz Title: Chief Procurement Officer 8/5/2021 I 6:48 AM CDT Date: __________ _ Approved: l,DocuSlgncd by: By: L2::!.;,~ Chad Coauette Title: Executive Director/CEO 8/5/2021 I 6:57 AM CDT Date: _________ _ Rev. 3/2021 Sweep America Intermediate Holdings, LLC ~j~~s By: cssCBA2s1A53411 ... M.J. DuBois, President, DuCo, LLC Title: Authorized Contract Administrator 8/4/2021 I 10:19 AM PDT Date: __________ _ 18 DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA RFP 062421 -Facilities Maintenance Services Vendor Details Company Name: Address: Contact: Email: Phone: Fax: HST#: Submission Details Created On: Submitted On: Submitted By: Email: Transaction#: Submitter's IP Address: Bid Number: RFP 062421 DuCo,LLC 1079 Tamiami Tri N #350 Nokomis, Florida 34275 MJ DUBOIS mjdubois@ducollc.com 410-924-1004 41 0-924-1004 81-1963530 Thursday May 06, 2021 10:06: 15 Wednesday June 23, 2021 08:25:49 MJ DUBOIS mjdubois@ducollc.com 283ad96f-1 d25-45df-bb9f-63468354624b 47.201.57.209 VendorName:DuCo,LLC DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A10C3E686BCA Specifications Table 1 : Proposer Identity & Authorized Representatives General Instructions (applies to all Tables ) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to y our response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the queslion does not apply to you (preferably w ith an explanation). u.. QaNlloa ......... ... 1 Proposer Legal Name (one legal entity only)· Sweep America Intermediate Holdings , LLC EIN: 62-1348993 2 Identify al subsidiary entities of the Proposer Al subsidiary entitles are o,vanized under Sweep American Intermediate Holdlngs, UC. whose equipment. products, or services .,., SCA Equipment LLC included in the Proposal. SaniTedl Jet Vee Services LLC SCA cl OH, LLC SCA Acquilitions, Inc. SCA of Geotgia LLC SCA of SC, UC 1-iy,-Tedl Ptoperty S~ LLC ~I~ dAmmica Inc. SCA Reily Sweeping Inc. USA S81Vicea of Florida LLC Sweep A Lot Inc. SCA of IN LLC SCA cl Ml LLC SCA cl CA LLC Sweeping South Inc. AccuswNp SOMH Inc. Clean Sweep Inc. Total Asphalt Services LLC U.S. Sweeping Inc. -pLLC -p Specialty Services LLC SCA of MO LLC -Sweeping Inc. SCA Reily Sweeping Inc. (PA) SCA Reilly Sweeping Inc. (MD) Rdy Sweeping Inc. (OH) Superior Sweeping Service Inc. C&J Pllll<ing 1.01 Se!vices Inc. Buckeye Sweeping, Inc. Andrews Street Sweeping LLC Contradors and Municipal Sweeping Services, Inc. Cleanstreet UC Miler Pacific Enterprtaea Inc. Jonset Corponltion Cannon Pacific 5e<vices Inc. 3 ldenbfy all applicable assumed names or OBA SCA Sweeping Corporation of America -see attached certificate -OH names of lhe Propose r or Proposer's subsidiaries in Line 1 or Line 2 above. 4 Proposer Physical Addreaa: 4141 Rocl<slde Road St& 100 . Seven Hilo, OH 44131 5 Proposer website address (er addresses): www.sweepingcorp .com 6 Propose(s Authorized Representative (name, lltle, M.J. DuBois. Authorized Contrad Administrator -., email addn!IS & phone) (The DuCo, LLC. repmematiw! must haW authority ID sign 1079 T amiamf Trt N #350 the "Propose(s Assurance of Compliance" on Nol<omis. FL 34275 behall of the Proposer and. In the event of 41~924-1004 award, will be expected ID execute the resulting mjdubois@ducollc.com contrad): ,_ 7 Proposer's pri mary contact for this proposal M.J. DuBois. Authorized Contract Adm inistrator (name. t1Ue, address , email address & phone } 0uCo, LLC 1079 Tamiam, Trt N #35 0 Nokom is, FL 34275 410-924-1004 8 Propose(s other contacts for this proposal, ij any mjdubois@ducollc.com Miko Siraguse, Vice President ,~ (name, l!tlo, address. emaS addtesl & phone); 4141 Roci<side Rd STE 100 Seven Hils OH, 44131 MSiragusa@sweepingcorp.com 469-265-1373 Bid Number: RFP 062421 Vendor Name : DuC o, LLC DocuSign Envelope ID: 620E245O -C677-4A83-8A2C-A10C3E686BCA Table 2: Company Information and Financial Strength ~ ... ...... ...,_ . 9 Provide a brief history of your company, induding your HISTORY & HER IT AGE company's core values , business philosophy, and industry Sweep America Intermediate Holdings, LLC, doing business as SCA Sweeping Corporation of Amenca (SCA), is the longevity rela ted to the requested equipment, products or largest self-performing power sweeping services provider in the United States. With an emphasis on quality service and services. customer focus, they quickly became the nation's elite North America Power Sweeping Association (NAPSA) certified sweeping contra ctor. Although SCA was formed in 2017 , their sweeping herilege began in 1960 with the founding of Contract Sweeping & Equipment in Columbus, Ohio. SCA can offer lhefr customers a superior experience in sweeping services as well as an all-encompassin g NPDES (National Pollutant Discharge Elimination System) storm-water plan with their sweeping and sewer JetVac solutions and best in class vehicles. Their reliable services have been trusted by municipalities, State Departments of Transportation, construction contractors and commercial, panting, and industrial properties throughout the mid•western, eastern and southern United States. Smee February of 2017, SCA has completed 25 strategic acqu1s1tions and look fo rward to continuing 10 1dentrfy inorganic growth opportunities in markets across the US. As of May 2021 , SCA has 50 operating locations, MISSION STATEMENT To be the premier power sweeping se rvices company in North America by providing safe, reliable and economical solutions to our customers while adhering lo our core va !ues. CORE VALUES: SAFETY . Our employees are empowered and responsible for the complete safety of themselves. our customers and the are as where we operate. SERVICE . We uphold an unwavering commitment in providing our valued customers the hi ghest level of respectful, efficient and reliable service. INTEGRITY. Do the rig ht thrng, at the nght time for the nght reason, We keep our promises to our stakeholders -our customers, our communities and each other. GROWTH . We promote a collaborative work environment where our employees can make a difference and realize !he ir full potential . Together the SCA team will drive our conti nued growth and success . OUR SAFE and HIGHLY QUALIFIED DRIVERS To ensure the highest quality service. SCA is a drug free wor1<place. Al l SCA opera tional personnel must meet the following guidelines/requirements: Possess a current commercial driver's license and valid DOT medical caret. Pass a pre..tlire drug screen, background check and physical. Participate in random drug & alcohol screening Allow annual review or th eir Motor Vehicle Record Always wear an ANSI dass three (3) safely vest Participate in monthly safety meetings. If an employee accumulates more than 6 points on the1r MVR in a 3.year penod they are subject to immediate dismissal Extensive job specific training is provided 111a equipm ent manufacturer's video. insurance videos, end hands-on training . A supervisor will ride with each new employee until they are proficient in the safety, maintenance, and operation of a street sweeper. SCA drivers are always required to adhere to traffic laws and are aware th.at offenses such as sweeping against the flow of traffic will result in d isciplinary action up to imm ed iate dismissal. All of their maintenance staff are factory trained and undergo additional training annualty. Uniformed SCA personnel operate dear1y identified sweepers wh ich indude the SCA company logo, phone number, operational location and US DOT number. 10 'M>at are your company's e,cpeclatlona in the own! of an award? SCA hopes to bUild on the~ present cus!Dmor base by adding the ability ID utilize an awarded Sourcawell Contract An awarded contrad wil ai1ow SCA to contirue their company's gn:,wth, provide Soun:eweU Members with impea:able aarvic:e, allow Sourmwel members nationaly disc:ounled prices and open oppo,1Uniks to SCA ., the educlllional and non-pn,fil mar1tets, 11 Oemonstrate your financial strengl!1 and stabitily with meaningful Sweep America Intermediate Holdings, LLC (SCA) is a sound and stable c.ompany. Please see attached Certificates data. This could indude such items as financial state ments, of Good Standing. Bonding Qualification, and Bank Letter. The Duns number for this entity is 08-095-4905 SEC filings, credit and bond ratings, letters of credil, and detailed reference letters. Upload supporting documents (es SCA has many more Certrficates of Good Standing and wdl be happy to provide any Member with this information. applicable) in the document upload section of your response. 12 'M1at Is your us mart<et share for the solutions that you are Today, SCA is ten limes larger than that of the~ doses! competitor. H Is hard lo establish a mart<ot share tor their proposing? service• aa n is a highly lnlgmenled marllet with over 1,000 local comparies across the United Smms. Many minc:,palltiaa &eli>erfOrm which malces mantel share tough to c:alaMte. SCA 11 the any truly scaled ~ self- performing -ing serv,ces ~ and their scale enable• them lo bring • higher lavel of 10philticalion c:raat,ng numerous advantage& relative ID their compelrlDrs, 13 W'lat ls your Canadian mar1<et share for the solutions that you Today, SCA has no operations in Canada. SCA has an interest in expanding first into the Ontario area. If 1!1ere ere proposing? becomes more interest among the Canadian Members, SCA will examine the opportunity to expend into other Canadian territories as w ell. 14 Has yot.r business ever petitioned for bankn¢:y protection? ff SCA nor rls parent company has ever filed for bankn¢:y, 10, explain in detail, 15 How is you r organization best described : Is it a manufacturer. a SCA Is best described as a service provider with 50 locations across the United States. SCA employs a slaff of distributor/dealer/reselle r, or a service provider'? Answer over 1200 full-time team members that will be proving sales support and performing all services related to any whichever question (either a) or b) just below} best applies to award ed Sourcawell conlrect your organization. a) If you r company Is best descnbed as a d1stnbutor/dealer/reseller (or similar en tity), provide your wntten authonzation to act as a distributor/dealer/reseller for the manufacturer of the products proposed in tnis RFP. If applicable, is your dealer network ind ependent or company owned? b) If your company is best described es a manufacturer or seMCe provider, describe your relationship with your sa les and service force and with your dealer network in delivering the products and services proposed in this RFP Ale these indMduals your employees, or the employees of a third party? 16 ff applicable, provide a detaied explanatlon outlining the Sweeping COIJ)Oration cl America and/or listed subsidiaries holds many Contrac:ID<$ Licenses in lhe lolowing states llcenses and cartiftc:ationa Illa! an, both requited lo be held, (not llmi1ed to these states): AL. MS, LA. TN, MS, VA, TN, MO, LA. and actually held, by your organization (including third parties and lubconlrad0rs that you .-) in pl.RIOI of the business SCA or listed subsidiaries holds business license, or business registrations in the following states (not limtted 10 these conlamplatad by this RFP. -)~~~M~K ~~-E~M~~m~~w~~~R SCA holdl a Flonda Depar1ment of Health Operating Pennlt If a member requires a specific: license to do business. SCA is able to obtain that license, 17 Provide all ·suspension or Debarment" information that has Neither SCA nor any subsidiaries have ever been suspended or disbarred during the last ten years. applied to your organization during the past ten years, Bid Numb er: RFP 062421 VendorName:DuCo, LLC DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA Tabl e 3: Industry Recognition & Marketplace Success U..laal Qalllloa RNpoase· 18 Describe any relevant industry awards or recognition that your SCA has been consistenUy recognazed by various th ird-party organizations across our footpnnt al the loca l. regional, company has received in !he past five years and national level. Th ey have induded a few awards below. Although they appreciate the recogn,tion. they feel as though the best me asure of success is renewal and referral business from the ir current customers. Sweeping Company of the year by Pavement Maintenance and Reconstruction magazine in 2019 WSA Sweeper of the Year in 2017 East Tennessee Clean Fuel Fleet Award m 2019. NAPSA Certifi ed Sweeping Company In addition to the above awards, SCA is also a proud member of the following trade and industry groups that have high standards for their members, especially the National American Power Sweep ing Association which certifies companies for their service levels, 60 Years of Sweeping Hentage National Amencan POW'er Sweeping Association Am erican Public Works Associati.on Property Management Association National Association of Sewer Service Companies American Road and Transportation Builders Association 19 What pen:en1age of your aales are 1D lhe gown-mental sector in 1h11 past -yea,s Approximall!ly 37-40% of SCA'• 1Dtal -are lo DOT, County and Mooicipal a,mmers for the last 3 years. 20 What percentage of your sales are to the education secto r in Less than 1% of SCA sates have been to non-profit and schools during that same time period the past thre e y ears 21 Lilt any --pr0\/inclal, or cooperative purchasing contracts SCA does not hold any cooperative purchasing contracts. lhat you held. What la lhe annual sales volume for each of lhese contrads owr the past ltv'ee years? In lhe last year, SCA recer;ed over S24 milion in l'IMlnue with 13 -agencies covellld by 67 contracls with the l0lowing -... : AL. CA, FL. GA. LA, MD, MS, NC, PA. SC, TN, TX AND VA In lhe last year, SCA received owr S15 maon of contr.::lad 11M111Ue wilh over 325 local municipalities -counties aaoss 18 -.: AL.~~~GA.~~~~~~~~~~~rx =~ The prior two annual periods are comparable lo lhe 2020 annual m..,;cipal sales volumes. ,~ 22 Lisi any GSA conlracls or Slanding Offers and Supply SCA does not hold any GSA or Standing Offer Arrangements. Arrangements (SOSA) lhat you hold. Whal Is lhe annual sales - volume for each of these contracts over the past three years? Table 4: Refere nces/Testimonials Line Item 23. Supply reference information from three customers w ho are eligible to be Sourcewell p articipati ng entities. _...,_. ~--· ,...... ....... Crty of Grovepon. OH waner Wagner 614-830-3910 ex 1402 See attached Letter City of Phar, TX Ignacio Amezcua 956-402-4231 ex 1199 See attached Letter Township of Fall, PA Joseph Arnao 215-949•900D ex 281 See attached Letter Town of Brookwood, Al Joe Barger 205-556-1300 See attacl1ed L-r Ta ble 5: Top Five Governme nt or Education Custo mers Line Item 24 . Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located i n, scope of the project(s), size of transaction(s), and dollar volumes from the past thnee years. Enllly ..... Ete,...,... ....,.._._-Scape flf Wan -SlmotJ...-.....• Dala,,.._,.PatTllrNY-• Georgia OOT Government Georgia-GA Sweeping and JeWec Services $2,817,000 lo S7,744,000 annually S 13,054,669 Alabama DOT -Go-,,,etrrnent Alabama -AL Sweeping Services S588,000 lo S1.764,000 aMUaUy 54,020,177 Birmingham City of Memphis Government Temessee • TN JeWacuum Services S492,906 to $1 ,802,000 annually $3,940,8 19 Florida DOT -Gowmment Flonda -Fl District 5 -Breva<d Sweeping Services $399,600 lo S1, 132,000 annually S2,143.426 - Florida DOT· GoverTVTient Florida. FL Sweeping Services $284.218 to $874.824 annually $2,009.835 District 5 -Orange Bid Number: R FP 062421 VendorName:DuCo, LLC DocuSign Envelope ID : 620E245D-C677-4A83-8A2C-A10C3E686BCA Table 6: Ability to Sell and De liver Servi ce Describe your company's capability to meet the needs of Sourcewell participating entilies across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each seclor, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions . u. .... -..,_.. 25 Sales force. SCA has a fully-staffed sates force. There are 14 Regional Sales managers that provide coverage across all SO locations in the Un ited States. Those Reg iona l Sales Managers provide support for all or SCA's lines of bus iness. All Regional Sales Managers report to a Government Bid end Contract's Manager who reports directly to a Vice President of Sales. 26 Dealer network or other distrit.Jtion methods. Then! is no dealer networ1<. Then! an, SO SCA locations. See attached for Map of locations and list of citi-. 27 SeMce force SCA employs over 1200 lull-time team members throughout their SO locations. SCA owns all of lhe equipmenl lo be used in performing facilities maintenace services for Sourcewell Members. 28 Describe in detai the process and proc:edl.re of your SCA's proprietary VSS tedmology alcws customeB to tog into a custom c:low-based portal to visualy see real-time and customer service program, H applcable. Include your hlsl0ric:at sweeping cycle data. T his lnfonmation can be elllily ._r1ed for billing verification and n,porting showing the responae-lime capabilities and commi1ments, aa wen as any custcme(1 parking tots. atreeta and highways are being swept as they e,cpect. incentives that help yo11 providers meet your s1atBd service goals or promises. SCA guaran1ee1 service S81111action. ff SCA does not complete the scope of work ID the cus1Dmef1 satisfaction, they wil redo the area ., question. The rHponS8 lime is usually the same day and wel within 12 ho<n. The llefVice lime wil be c:omplelad within 48 houri. SCA p,ovldea GPS n,ports on compeled ~ cycles p,nuant ID the attached ...-ner service llyer. Each SCA site will have a Regional Sales Manager and a Project Manager conlad for each )ob. These contads wl be listed on Iha Soun:ewel Quote lha1 is pn,santed ID the Member. 29 Descnbe your ability and willingness to provide your products SCA is In business to self.perform facil ities maintenance services, parking lot sweep ing, street sweep ing, JeWacuuming, and services to Sourcewell participating entiti es in the United dosed circuit TV pipe inspection and porter services. SCA is aggressively pursuing new business growth op po rtunities Slates. within North America, and a contract with Sourcewell supports th eir overall corporate strategy. SCA is continually expand ing their network of lo cations and is w illing to provide services 1n the areas of their current locations, SCA is also willing to provide services nationally beyond their current locations. See the attached Advertising in the Municipal Magazine recently published. 30 Oe&eribe yoU' ability and willingneu ID provide yo..-products SCA does not have any operations currently in Ganada. SCA is continually expanding the~ network cl localionS and Is and service5 to Soun:ewel participating entities In Canada wiling to provide services in Canada _,, able. SCA is open to expancfong into Canada. 31 Identify any geographic areas of th e United States or Canada SCA will cover all of the United States. SCA will cover parts of Canada, specificalfy in the Ontari o area. that you will NOT be fully serving through lhe proposed co ntract. 32 Identify any Sourcewel participating entity Sflctors (I.e., There are no participating entity sectors that SCA will not cover lufty. government. education, nol.for-910fit) that you wil NOT be Uy serving tt.-ough the proposed contract. E,cplairl in ~ For example, does yoU' company have only a regional presence, or do other cooperative purchuing contrads lmtt your abllty to promote anolher contract? 33 Define any specific contraci requirements or restrictions that SCA will participate w ith Hawaii. Alaska and other US Territories. There will be fees for equipment mobilization where would apply to our participating entities in Hawaii and Alaska there is no local presence. The fees will be to cover costs of equ ipment transportation. This wal not be a profit center and in US Territories. for SCA. All applicable charges wm be discussed in the quote process prior to any Member issuing a Purchase Order. ,_ Bid Number: RFP 062421 Vendo r Name:OuCo,LLC DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA Tabl e 7: Mar keting Plan 34 35 36 37 Descrtbe your marketing strategy for promoting th is contract opportunity. Upload representative samples of your marketing materials (if applicable} in the document uplo ad section of your response . D .. cribe your use of lechnology and digital data (e.g .. IOCIII media. me-usage) ID enhance mar1<eting ellectilleness. In your view, wha t is Sourcewell's role in promoting contracts a rising out of thl& RFP? How will you integrate a Source'-NelHWarded contract into your sates process? M your products or __..... IMlitable through an &- procuntmenl onlering process? ~ so, delOlbe your e- proa.nment sy-,, -hew --and educabonal ~mers haW used ii. SCA has an integrated marketing strategy that utilizes both traditional and non-traditional marketing cheMels to drive leads and convert prospects. The ma;onty of the ir marketing efforts are digitally focused and utihze the following pnmery strategies to identify new prospects, leads. and opportunities. See attached examples of electronic marketing flyers. 1. Search Engine Oplimizalion (SEO) 2. Seareh Engine Mar1<eling (SEM) 3. Customer Segmentabon Analysis for Targeting 4 . Sa les Playback. Sales Manual and Sales Pitch deck developed and ubhzed by SCA's sales learn. 5. B2B direct mar1<eting strategies (Integrated) In addition to the above strategies. SCA also utilizes direct sales strategies workin g with our 14 Regional Sales Managers (RSMs) located across the footpnnt as well as the ir Site and General Managers that are our custome r's primary contact for any wor1c to be completed. SCA will train all of the ir sales staff with the assistance of MJ Ou801s. Contract Adm inistrator, and make use of Sourcewelrs available employees, extensive collection of vendor support metenals. This tra ining w .1I be accomplished both by group sa les meetings and one-on-one virtual mee tings. MJ DuBois has been tra ining in the marketing and sales of So urcewe ll Contracts for over ten yeas w ith an abundance of success. SCA will take an aggressive approach lo marketing Sourcewell. SCA will include Sourcewell Logos in the ir service broch ure& and on the ir webs ite. SCA will want their customers to immediately know that they have a Sourcewell Contract ava ilable for the ir utilization whether they ere a member or went to become a mem ber. In order to furthe r ensure that SCA is fully marketing the va lue of Sourcewell, SCA will encourage their sales staff to att end regional Sourcewell training sessions as well as ubbze their assigned Sourcewell Vendor Development Manager to assist in answering questions for Members interested In leamtng more about the value of the Sourcewell procurement process. See attached ads recently published in Municipal Magazine. SCA has invested heavily 0119r the last 6+ montha In marteting technology and reso'"8s. Below is a short lat of some of the toots SCA utilzes to track performance of al of their mar1<eting effarta. 1. Silense -Penacope -A data visualization toot 1hal allows us to buid a ~ ID betlltr analyze al the dlgttal maruting metrics from our ad campaigns. 2. SetesForce • A cus1omer relationship management (CRM) tool ID optimize the 1181H and reporting processes. 3. Asana -A project management toot SCA uses as a team to er,a..., they are not forgetting about any specific taaka relatad to the 30+ projects they are wor1dng on at any time. 4. Tnilo • An online, lisMnaking toot that allows for teem cotlaboratlon and task trllc:klng 5. FllpHTML.S • An onlne lllpbook toot that allows SCA ID convert PDFs ID em-HTML documents with 111111rac:llvi1y and ful engagement tracking 6. Vlame -An online design toot that alowa SCA to intl!maly dewlop al different types of marketing communlcalion1. From lnfo.grephlca to social media promotions to ful adwrtisements. SCA has made significant investmenlll in ~arty consulting firms in 2021 that are e-rts in digital mar1<eting. Vogfio -Digital Marl<etlng & Advertising Perception Builder -'Nebsile Optimization Scaling lmovationa -Customer $egmentalion Analysis Aggregata Insights -S-Stralegy Plaming and Implementation Recent rasulta of SCA mlllgies include: SCA has seen a 39% increase in Google 111 position rankings from January to April 2021. From January 1 -Feb. 28 vs. March 1 -April 30, web leads have increased by 54%. SCA's current Rehm on Ad Spend (ROAS) la 16:1. For every S1 of advertising thay are &!)8nding, they are generating S16 of net ,_ revenue. (Anytlling greater than 4:1 Is considered succe"fut.) SCA's revenue per lead is 1,694'Yo greater than !heir cost per lead. Sourcowell knows how to promote thei r contracts! SCA believes that Sourcewelrs marketing model works and that is demonstrated by the growth in Source'Well sales The basis of SCA's longevity is service-rated and Soun:ewell is well aware of this concepl SCA is firm ly committed to the Sourcewell contract buying concept and 1s m agreeme nt that it is the way of the future. SCA will create sessions at their National Sales Meetings dedicated sol ely to Sourcewell sales education and train ing. These sessions will indude how to property sell, using any contract award, question and answer periods, and testimonials about SCA success stories with the contract SCA'• services wil not be available through an e-procurement order process as each cuatomer stte Is different and will need to be -...i by a Regional Sales ~ prior to quoting. Tabl e 8: Value-Added Attributes ........ a--, --· 38 Oesaibe any product. equipmen~ maintenance, SCA will not provide tra ining as a part of the scope of thi s contrad. SCA will provide services: no equipment is to be used by or operator training programs that you offer to the Member. Sourcewell participabng entities. Include details, such as whether training is standard or optional, who provides tra ining, and any costs that apply. Bid Number: RFP 062421 Vendor Name: DuCo, LLC DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A10C3E686BCA 39 Oesaibe any technological advances that your proposed products or services offer. ·---------------- Bid Number: RFP 062421 VERIFI ED SWEEPING SERVICE® SCA is the only sweeping company to offer the p1<>prietary Verified Sweeping Service® (VSS). Their p1<>ven etat&-of-the-art VSS portal allows their Cllstomers to confirm that specific Geo-fenced areas (contracted segment of pari<ing lots/roads/highways) have been swept, minimizing the use of a human inspecior, saving on costs. Sow-cewell enlitles will have vislbiity Into our actiw contract and will be able to view agreed to Geo-fence boundaries, service pan,meters (max speed. min b1<>0m time. etc.) end a history of worl<-order completions. Our VSS portal is also available in desktop and mobile devices to allow for convenient access at any time to view predetermined perlonnance metric&, reaJ..time &XeaJtion progress , and historical perspedives of SCA's services All equipment used by SCA In the course of completing Membefs Job Orders comply with the latest EPA omission standards. SCA's new equipment purchases consist of the following types of equipment that far exceed industry standard and are considered far superior due to their 18<:hnologicol advances: M6 AVALANCHE (MECHANICAL SWEEPER) 5-Yard Mechanical Sweeper The Schwarze M6 Avalanche"' I& ea ming ~s reputation as the premier heavy duty mecharicel bt<>om sweeper In the American mari<elptace. The versatile Schwarze MS Avalanche sweepers offer many of the design Innovations that haw become the Schwarze® hallmatlc. The Schwarze® Easy Change Conveyor System makes ~ a breeze to repair or replace a conveyor. Or go from a squeegee type to a bell type conveyor on the same machine. The free lloat. mpact resistant. drag shoes take lalerel Impact from miffing Cllts. manhole covers and Cllrbs and flexes back into place. Elgin -B1<>0m Bear (MECHANICAL SWEEPER) Rugged and made to last, the Elgin® B1<>0m Bear® four..,,,,eel mechanical (broom) sweeper is the most efficient on the martcet Mourned on a cornmerdaRy available ccnwntlonal or cab-<>ver chassis with fully dualized ccntrols (slngl-teer optional) and an lntalligent single-engine design that utilizes the chassis engine to power the sweeper. The Elgin B1<>0m Bear features a large hopper and water tank. which means more pt<>ductive sweeping ~me. Singl&-englne design keeps maintenance or the need for replscament .weeper parts to a minimum. A variable dumping height and 11· (279 mm) or hopper &id8-'hift ensures easy dumping. This sweeper Is available with your choice of squeegee or no.jam bell ainveyor systems , depending on the application requiremanls. The short Wheelbasa. large brooms, and dual mode air suspension system make the Elgin B1<>om Bear Ideal for sweeping In both ccngested urban areas and fer away nnl locations. The Elgin Broom Bear Is available es an optional altematiw fuel sweeper including compressed natural gas (CNG). Nitehawk Sweeper5 -Qcprey II -Regenerabve Air Sweeper for Low Pt<>file Appticettons (Parking Decks/Garages) The next genemtion Osprey II is engineered ID perfonn In the most diverse operating envl1<>nments. Buift on a loW profile conventional chassis, this sweeper can excel in any loeabon. 35 years of lnspred design and field testing haw cutninatad in the best-n-dass sweeping perfonnance of the Osprey II. The advanced hydraulc system hes the power to sweep anything you throw in front of it. Reiable qulel operation lets you clean where no other sweeper can. Powerful, sllenl and effiaent There is simply nothing el5e Hka it. Advanced Hydraulic, -Generate power and rellabUity where you need It most -Stealth Sweeping'" Sysll!m -Single engine hydrauhc design delivers Iha quietest perfonnance of any sweeper 5 year warranty -longest wammty of BIYY sweeper manufacturer Lowest Cost of Operation -No 81.00liary engine delivers perfonnana, With efficiency Customized Apptication -Passenger &ide b1<>0ms , spectallz,,d cameras, a,stom paint -we can build your perfect unit innoYatNe Controls -User friendly ccnlrols Cllstomlzed for operato<s Longevity -NileHewl< has been producing sweepers for a.....r 45 years. Support -full serw:e deafenlhips and ractmy support throughout the US. Driver Friendly -Simple operation, training and No COL requirement Sower Equipment Co. of America MODEL 900 ECO COMBINATION SEWER CLEANER Sewer Equipment Co. of America introduces the Model 900 ECO Combination Sewer Cleaner trudl. The 900 ECO utillzl!s proven tecmologies to deliver a machine With a simplicity that is unequaled ., the ccmbo Jet vac lruck industry. The Model 900 ECO operating platlonn offers the best In class fuel efficiency and noise reduct!on for operator safety. It al starts with our paleol!>d "Hydt<> Drive" powenra,n system. The Hydro Drive powers lhe pump and blower In addition to the auxiiary hytnutic systems. 'Mlen you are ready to work. simply put lhe truck in neutral and apply the parking bralte and exit the cab whBe the combo lruck remains ,n neutral and power Is taken din!ctly from the chassis engine, assuring operator safety during operation, as there 1s no transfer case to slip into gear. The s,mpticlty at the operator, elation begins With the flip of one swrtch: Wor1< Mode. The operator can utilize the remaining three switches (water pump, blower, and throttle) to go to wor1< with aase. VI/hat's more , there are no special sequences required , lhafs ill Additionally, simplicity ccntmues with the use ol 12·volt eledrical switches, relays, and solenoids throughout Iha truck. making rt easy for mechanics to n.n diagnostics and maintain the equipment Moreover, no special laptops or software programs requiRKI; aD you need is a simple test light and a hydraulic pressure gauge. CUES -Sewer and Pipeline Inspection Systems CUES PRE-BUILT MAINLINE ANO LATERAL INSPECTION VEHICLES CUES TV/LAMP (mainline and lateral pt<>be) Inspection vehicles lo help locata electric lines, water Ines. gas Ines, sewer bnes. and other pipes in the path of bonng machines 10 avoid penetrating or damaging the pipes. Prior to the initiation of horizontal boring. use the CUES TV/LAMP truck system to perfonn pan and lilt inspections of the mainline sewer pipe while viewing and locating lateral oervices. CUESTV LAMP vehides can include a vanaty of inspection equ,pmeot based on your specific needs. Trucks include state of the art Evolution Interior Ill, featuing an ervo nomic design to achieve ease of operebon, safety, and ccnvenient storage to produce the most ellident, rugged, and reliable system ., today's mari<et Safety Tedvlology -Sco<pion II® TIM Truck Mou,l!>d Attenuator Aflar 17 years on the 1<>Bd, cwr 2,000 documented impacts. and thousands of five• saved aero" the globe. the SCOIJ)ion TMA'• Patented design Is the safest and most reliable Truck MolXlted Attenuator available today! The Scorpion II TMA consis1s of strut and cartridge sections that are Unked together on a support frame. This open cartridge design reduces wind resistance and increases fuel efficiency when deployed on the job site and when traveling at highway speeds. Each energy absorbing cushion has an Aluminum honeya,mb core that 1s erdosed by aluminum powder coated box module that pt<>vides maximum durabltity and longevity. The Sccrplon II Is equipped with omnivoh LED brake, directJonal, <ignat and running lights ID fw1her enhance advanced warnings ID dnvefS. 'Mien impacted. the Sccrpion's modular design crushes In progressive stages , which reduces the impact forces on the vehicles occupants and results in lower repair a,sts and easy parts n,ptacement. The curved side reils are made from corrosion n,slstanl aluminum tubes and offer ful width Impact pt<>tection along the entire length of the Sccrplon II by safely redirecting the impacting vehicle wway from the deadly "coffin corners" at the rear of the truck. Unlike the Scorpion II, most other manufactlers Crash Attenuator models have kllle or no sld...,ngle impact prolBction The Scorpion II TMA is the wood's first Truck Mo1X1led Attenuator eligible for MASH, TL-3 testad al 62.5 mph (100 kph); see • FHWA Eligibility Letter CC-t 32 for details. VendorName :Ou Co, LLC DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA 4 0 Descri be any •gree n· initiatives that relate to As a ce rtified Sweeping Comp any by the North American Power Sweeping Association, SCA has met all their criteria (partial list your company or to your products or services, below). end include a list of the certlfying agency for Certified Members shall agree to comp ty with all local, state end federal regulations in regard lo the prop er disposal of each . sweeping debris. Certified Members sh all provide to cus tomers proof of proper disposal meth ods upon re ques t. A Commitment to Excellence The definition of quality is co nformance to requirements . NAPS A established the industry standards for proper1y and pro fessional operation of a power sweepi ng business . Approved by the American National Standards Institute, the NAPSNANSI POVver Sweeping Standard (PSS ,000-2018) defines the procedures professional power sweeping companies endeavor to implement to provide quality services to th eir customers . By implementing and adhering to the Power Sweeping Stand ard, companies can reduce their legal exposure whi le increasing employe e satisfaction end retention. NAPSA's Power Sweeping Standard -2018PPS1000 All equipment used by SCA 1n th e course of completing Member's Job Orders comply with the latest EPA em ission sta ndards In addition, SCA wor11:s ciosely with our procurement partners to identify suppliers that are focused on sustainability and develop their prod'Jcts with this in mind. Below are highhghts from one of our pnmary ve hicie suppliers. Sci'11Narze Th e Schwarze machines that SCA utihzes are cert ified on the Calrfomia South Coast Air Quality Management D1sbict Rule 1186 -Less-Polluting Sweepers . SCAQMD Rule 1186 requ ires local governments within the South Coast Air Quality Management District to procure certified street sweepers for new equipmen t purch ases or new street sweep ing contracts made after January 1. 2000 (there ere no retrofit requ irements under Rule 1186).Verious SCAQMD regulations also require procurement of certifi ed street sweepers to implement specific rule re quirements. This list of equipment is updated periodically based on certifications test results and in response to new information. The SCAQMD Governing Board adop ted Rule 1186 street sweeper testi ng and certification procedures in September of 1999. This standard that was set ln Southern California is now nationally reco gnized as a standard when purchasing sweepers. 41 Identity any 1hircl-party issued eco-labels, ratings SCA is a certified Sweeping Company by the North American Power Sweeping Association, or certificalions lhat 'f0U/ company ha received for the eqlipment or proc1.cts included In your Proposal ,_ to energy -.cy or conservation, lil9-cyde design ,__,_.,_), orOlher~-- 42 Descnbe any Wome n or Minonty Business Entity SCA is no t a WMBE . SBE or ve tera n owned business. (WMBE), Sma ll Business Entity (SBE), or vetera n O\YTled business cerbfications that your SCA will utilize a Sm ell Woman Owned Bus iness, OuCo, LLC to administer, track. end report any awarded Sourcewell Co ntra ct company or hub pa rtners have obtained. Upload SCA committed to hinng Veterans and Personal with Disabilities in our hiring practices. documentati on of certification (a s applicable) in the document upload section of your response . Bid Number: RFP 062421 Vendor Name: DuCo, LLC DocuSign Envelope ID : 620E245D-C677-4A83-8A2C-A10C3E686BCA 43 Whal Ll1ique --your a,mpany, your SCA Competitive ~s producls, or you' services offer 10 Sou-cewel participating entities? Wiat makes your proposed 1) Largest SWNPing company in the US, 50 locations, 20 -• IOlutions unique in your indus1ry as rt applies 10 Sourcewel participating entities? 2) Scale -"Hometown hullle wi1h national IT\U1ICle", Ex1&nlMI -of bad< up vehicles 10 maintain service 3) Safe -Dedicalod personnel lor training and coaching, 44 different training programs, D<NeCam"' by Lytx. Low reputational risk both pn:,fesaionaly 10 the decision maker and 10 YQU' organization 4) EJ<l)erts -In different sweeping technologies and services Including: air, broom. and sewer cleaning 5) People • F.. HR lundion plus dedicated team of rec:Niters 10 maintain and grow staffing levels 10 support all sizes of contracts, Employot choice _. better qualty, Training, benefits and advancement (rt ia not a job, tt Is a career) 6) Efficient & Economical -High V1WO at low COIi 7) ~ -We hal/9 a larva -the! continues ID grow and the financial strengttvcapita 10 purchase more. SCA also has the -fleet -wlich reduces down time 8) Low Risk -Low reputational risk for the decision m-and o,vanization, VSS -SCA's ,_ proprietary Verified Sweeping Sorvia!e IDDI that lhDws real time sweeping cydo data, T-into our contradlld adivities 9) Beol Technology -T-in al trucks that integrate multiple performance !cols, VSSI» (Please see below), GPS, Mainlenance- 1111-.! tedl SAFETY To enhance eqtipmont visibiily and the safely of tho trawlng p...UC: al SCA sweepers and fellow trucks Inch.lie the folowing: badwp camera, • 360-<logroo rotating beacon on tho front of the vehlde. LED marlcer and llldllghts, wor1< lights, re1lecllvo tape, multiple s1rDbe lights, and -oving vehide signs. SCA Revenen,tive air sweepora are equipped with ICC bumpers to provide U'1der ride protec:lion and ullze • aash attenuator (alpha 1000 or equal) for al -i,tng opo11111DnS that occur bolwosl dusk and dawn. SCA's mochanical broom sweepers and lolow buCks possass a "48 X 95· Class C LED arrow board on the roar ol tho machine. -.av. SCA follD# trucks indude a 62 MPH trud< IIKIU'lted ener.ator for use on higher speed roads. SCA moots or exceom al MUTCD ~ for traffiC control & safely. SCA operational personnel are luniahod with al peROn8I pro-equipment such as first aid kit. glovec, safely glasses, dust mul<s, ulely -. llaolwghts, 101>. lite ~. etc. roqund for the po,forma,ce of their duties. Al a,mpany Wlhiclol carry a copy of our SWHper Equipment Fluid Roteaso SOP and our Hazardous Malerial Spil Response Klis and Reporting SOP. Those items are reviewed with operational personnel al Bach location on a regular basia. Safely is a priority for SCA managers and In an effort to onhana, safety, lhair managers: perform quarterty whicle lnspedionS, hold formal montNy safety meetings, review driver acddont proced,.,,1, review spil SOP. have dally salaty talks with drivers, review wor1< zone safllty gLidollnes, require personnel to attend am,aJ defensive driving coU'lel, perform Pre/Post trip vei-.do fie aucita, raview driver safety I\Jlel, perform a quarterly road test with each driver, and perfonn random audits regarding traffic control Periodicaly SCA's insu:anca company visits their operational faditioB for safaty lnBpecllons. SCA company policy -■s lhllt ~ any operational personnel wore irM>lwd In any type of ac:cidont or property ~ the employee Is to immediately notify their supen,isor. SCA management would then contact the person Involved to resot,e the lsauo at no cost 10 the city and report the de1ais 10 the appropriate city personnel In the event SCA ia involved in a vetido accident the location super;llor and colJ)Df'ale safety ,,,.._ wl review and irwesligatll the accident ID minimize tho chance of n,. occurrona,, SCA's highly trained professional operators, combined with SCA's rollablo equipment, ensure they are prepared for any cleaning cnalenge. SCA gualWltees they will exceed their custcmer's oxpedatiDns! QUAUlY ASSURANC~UAUlY CONTROL SCA wtl tuk the Operetions Supervisor or the designated representslive membot of Site Management to Inspect the wor1< performed and achedule any needed corrections wi1hin 48 houB. SCA's qualtty goal is ID remove 85% of tho deb<ia considered normal day 10 day buildup and this plan wl alow for tho completion of the sweep c:yclo and •lowing •-shifts to correct any 8Ulit doficioncios. Follow up sweeping resulting f1'Dm an audrt doficionc:y wil be performed al no cost ID Sourcewel entities. In the event of ongoing contracl deficiencies SCA wil aubm~ a Conedivo Action Plan to SourceweD entities wi1h tarveted scope and -· time complalion QDIIII. SCA wil furnish daly reports to Soi.rceWel entities (by 10·00 AM) relledinQ route (from to locabon apecffie), pe,sonnet, eqiopment hours woll<ed and di.mp lidcets f1'Dm debris disposal for tho previous day. S0Ull>IWOI entities personnel will continue ID have aa:as, to the SCA vsse syslenl lnstaled In d SCA S-"1Q and suppor1 equipment. This wil -geo-location tradung of al sweeping reSDU't:eS assigned 10 Sourcewell entities ., real time. Trad<ing mformallon available indudes but ia no1 imited to tho lolowing: a. Vehicle ldentitk:ation b. Driver ldentillcalion c. Vahicle Systems Status (Water on/off, Bro<lm on/off, Aux Engine on/off) d. Tradting Information (location, direction of 11"8vel, speed, att>ps) e . Route Playback (datol!ime from/to) We utilize aweopo111 meeting PM-10 criteria tor control of partlculate matter. SCA wm utilize water for dust suppression. We wtl not utlize walot at a temperature of 40 • F or less to avoid Icing of the roadway. Sweeping wtU not occur dU'ing heavy rain or during periods or snow or Ice. VERIFIED S'M:EPING SERVICE® SCA is tho only aweeplng company to ollar their proprietary Venlied Sweeping Se-(VSS). This proven state,of..the.art VSS portal alowa the~ c:uatome,s to confirm lhllt specific ~ areas (contracted segment of~) have been swept. mininizlng the usa of a human Inspector, Sll\llng on costs. Sourcowell entities wil hal/9 vmlblrly onto lhetr adivo contracl and will be alJle to view agreed to geo-lena, boundaries, sorv,ce parameten (max speed, min broom bme, etc.) and a hislory of work order completions. The vss portal is also available in desktop and mobile devices to alow for convenient acxess al any lime 10 view predetermined performance metrics. real-time executJon progre". and his1Drical perspectives of SCA'• services. Bid Number: RFP 062421 Ve ndorName:DuCo ,LLC DocuSign Envelope ID : 620 E245D-C677-4A83-8A2C -A10C3E686BCA Table 9: Performance Standards o r Guarant ees Describe in detail your performance s tandards or gua rantees, including conditions and r equirem ents to qua lify, claims p rocedure, and overall structure. You may upload representative samples o f y our performance material s (if applicable) in the documen t upload section of your response in addition to responding to the questions below . 44 45 Oesaibe any performance standards or guarantees that apply to your seMces Describe any service standards er gueranlllea that eppty to your oerviats (policies, metrico, KPts, etc.) ......,_. SCA will task the Operations Supervisor or the designated representative member of Site Management to inspect the wonc; perform ed and schedule any needed corrections within 48 hours. SCA's quality goal is to remove 95% of the debris considered normal day to day buijdup and this plan will allow for the completion of the sweep cyde and allowing additional shins to correct any audit deficiencies. Follow up swe eping resulting from an audit deficiency will be performed at no cost to Sourcewell entities . In the event of ongo ing contract delioencies SCA will submit a Correcbve Action Plan to Sourcewell entities with targ eted scope and date, time completion goals. SCA will furnish daily reports to Sourcewell entities (by 10:00 AM) reflecting route {from to location specific}. persoMel, equipment. hours worked and dump tickets from debris dispos al for the previous day. Sourcewell entities persoMel will continue to have access to the SCA VSS® system installed in all SCA Swee p:ng and support equipment. This will allow geo-location tracking or all sweeping resources a ssigned to Sourcewell entities in re al time. Tracking information available inciudes but is not limited to the following· a. Vehicie Identification b. Onver Identification c. Vehicle Systems Status (Water on/off, Broom en/off, Aux Engine en/elf) d. Tracking Information (location, directcn cf travel, speed, steps) e. Route Playb ack (date/tim e from/to) We utihze sweepers meeting PM-10 criteria for control of particulate matter. SCA will u1111ze water for dust suppression . We wil l not utilize water at a temperature of 40 ° F or less to avoid icing of the roadway Sweeping will not occur dunng heavy rain or during periods of snow or ice. SCA has lhe previously described VSS/GPS that lhey will show as proof that wen< w as actually performed. Any customer can log into the ir own portal to see real time data. SCA will also guarantee that the customer is satisfied or they w ill re-do any w ork that th e customer may not be happy with at no charge. For catch basin, pipe d eaning as w ell as CCTV work, SCA will clean and inspect the Member's pipe to the stan dards of the local municipality. For any service not perform ed pursuant to the lo cal municipal standard, SCA will re-do the work at no additlonal charge. See above statements NAPSA (North American Power Sweeping Astociation) Certified (requirements below) lnaurance: • Membens 1hall agree to carry n,asonable levels of liability lnaurance and provide customers a copy of certificate of insurance upon request Membens ahaD agree to cany wor1<e(s compensation insurance on aU employees and n,quln, that aU aubcontractors comply with such ruea. Regulaliona: • Members ahal agree to comply with al local, state and -ral n,gulatlona In reoards to the proper dlspoaal of sweeping debris. • Members shal provide to customers proof of proper disposal methods upon request. • Membens shall collecl and pay al appropriate taxes, induding al payrol, sale and fuel taxes. Employees Member ahal agree to provide training for al equipment • Member shall continuously strive to provide employees with e safe wor1<ing conditions. • Members shall follow al state and fedenll laws In regards to compensation, General: Memben, agree lo conduct the~ busi1esa with honesly, integrity and project a Pf1)fllsllonal Image in al endeavata. Memben, agree ID be INlhfut and nor>-deceptive in -.!ng, Membens agree to al proposal$ shall be comptele and accura1II in deaaibing servicea/ptoducta rende<ed, Table 10: Payment Terms and Financing Options ua. Qlaallaa . ... 46 Describe your payment terms and accepted payment methods? Net 30 days. Payments may be made by Check, ACH transfer and wire transfer. 47 Describe llfY leasing or financing options --for use by There are no financing or leasing options for seivicea to be provided in the accpe of this solicitation. educ:lltional or governmental enbties. 48 Brieffy describe your proposed order precess, lndude enough The Sourcewell Member will contact an SCA Regional Sales Manager for an initial request for quote. The Reg ional Sales detail to support your abihty to report quarterty sales lo Manager w iU review the Member's requirements and, if necessary, will make a site visit to determ ine the estimated Sourcewell as described in the Contract template. For equipmenl and time involved fer the project. The Regional Manager w,11 conlacJ SCA's HQ (Government Bid Manager) fer example, indicate whether you r dealer network is included ,n tracking and estimation. The Government Bid Manager will then prepare a quote based on the SourceweU Pricing, Terms your response end whether each dealer (or some other entity) and Conditions w orking with MJ DuBois. The Government Bid Manager will then send the Member Lie quote for review. will precess the Sourcewell participating entities' purchase The Member will then send a Purchase Order to SWEEPING CORPORATION OF AMERICA'S HQ for lhe project orders . scheduling . SCA's Government Bid Manager w ill dtsperse the project to the correct location for fulfillment. The Govemmen1 Bid Manager will fo rward any Purchase Order to MJ DuBois for proper Sourcewell Sales Reporting . The local Proj ect Manager will complete the project and report ba ck to HQ that the job fs complete. Then SWE EPING CORPORATION OF AMERICAN will invoice the Member. 49 Desaibe any standard transaction documents Iha! you propose See attached examples of SCA Parking Lot agreements and Other Service Agreements, these may er may not be utilized to use in connecllon with en awarded contrad (order forms, for SOUl'C8Well Members. terma and conditlona, service level agreements, etc.). Upload a sample of each (as applicable) in the document upload section cf yDU' response . 50 Do yo u accept the P~card procurement and payment process? P-card is not accepted. If so, is there any additional cost to Sourcewell participating entities for using this process? . Bi d Number: RF P 062421 Vendor Name: DuCo , LLC DocuSign Envelope ID : 620E245D-C677-4A83-8A2C-A 10C3E686BCA Table 11 : Pri cing and Deli very Provide detailed prtcing information in the questions that follow below. Keep in mind that reasonable prtce and product adjustments can b e made durtn g the term of an awarded Contract as descrtbed in the RFP, the template Contract, and the Sourcewell Prtce and Product Change Request Form. ?--. 51 Desaibe your pricmg model (e.g., line-It is SCA's intent to offer a percentage disc:cunt from the published labor rates to the Sourcewell Members on all of the servic:es being offered. rtem discount& or product-category SCA's discount w ill be based on a percentage off of the profit-m aking portion at this award. discounts). Provide detailed pricing data (induding standard or list pncing and the SCA's intent is a simple percentage discount calculallon. SCA will not discount costs of added items such as wa ter, dump fees or equipment Sourcewell discounted price) on all of the mobilizaUon fees as these items are invoiced es a pass through (et cos!) price to the Member. ftems that you went Sourcewell to consider as part of your RF? response . If applicatlle, provide a SKU for each item in your proposal. Upload you r pncing materials (if appltcable) in the document upload section of your response. 52 Quantify the pncing cllcount represented SCA is proposing a 3¾ discount from al their labor rates. by the pricing proposal In 1111s response. For example, tt the pricing In yo,,r response represents a percentage discoi.nt from MSRP or lat state lhe percentage or percentage 111nge. 53 Describe any quantity or volume discounts There are no standard quantity or volume discounts as each service job is different. or re bate programs that you offer. 54 Propose a melllod ol laciltating "sourced" Related seNiees labor rates wiU also be discounted at lhe same 111te as the contrad discount llama Invoiced which ere a>naideted •open procu:ts or related -., which may merkef' wil be invoiced at cost plus 20%. be relen9d to as "open mancer items or "nol_..,d opbons". For example, you may supply 11.dl item& "at cast" or "at cost pkJS • percenlage," or you may aupply • ~ for each 11.dl request 55 Identify any eleme nt of the total cost of SCA will charge for Water used in the providing of services pursuant to local waler costs, if customer does not provide it. SCA will charge fo r acquisition that is NOT incJuded in the pricing submitted W'lth you r response . Thi s disposal fees if the O.Jstomer elects to have them transport and dispose of debri s co ll ect at a pass through price (weight tick.el substantiated). in dudes all add itional charges associa ted Equipment motliliza tion and fuel may also tie requrred based en customer location SCA will quote these costs pnor to any Member issuing a with a purchase that an, not directly Purchase Order. identified as fre ight or sh ipping charges. For example. list costs for items like SCA is the only party that woul d charge any of these fees No th,rd~parties will be billing these fees to any Member in spe ction, mstallabon, set up, mandatory training, hce nsmg fees. or ad ministrative charges. ldenbfy any parties that impose such costs and their relationship to the Proposer. 56 II freight dehery, or shipping is an If SCA locations are within the member service area, the111 wil be no mobilization charges. allddional coat to lhe Soun:ewol participating entity, describe in detai the II the Member location is beyond the SCA regular aeNice ante, ln!tght chatve• may apply. These charges wil be disclosed at lhe quoting stage complel9 freight, lhipplng, and dellY8!y so each Member wil be My informed ol freight charge• prior to IAulng a Purchase Older. program. 57 Specifically describe fre ight, shipping, and Please see answer above, Any freight or mobilization fees are not profit making center tor SCA. Cos ts will be at a pass throug h price. delivery terms er programs available for Alaska, Hawaii, Canada, or any offshore delivery. 58 Describe any urique dll1nbution and/or Not applicable for a service provider. deliwry methoda or options ollel1!d in 'fOAJr prcposal. Table 12: P ricing Offered Um bl'lldng«-oN .. Na ........ 11:• ~ ... 59 c. better than the Proposer typ calty offers to GPOs, cooperative procureme nt organizations, or state purchasing SCA recognizes th e va lue of the national volume this contract can offer and has depa rtments. discounted their prices accordingly. Bid Number: RFP 062421 VendorName:OuCo, LLC DocuSign Envelope ID : 620E245D-C677-4A83-8A2C-A 1 0C3E686BCA Table 13: Audit a nd Administrative Fee Lllallla -......... 60 Specifically describe any self-audit process or program tha t you plan to employ to venfy Due to the unique nature of SCA's contract representation, SCA builds in an compl iance with your proposed Contract with Sourcewell. This process includes ensuring that automatic audit process. DuCo , LLC, being the Contract Adm inistrator and being Sourcewell participating entities obtain the proper pricing, that the Vendor reports all sales involved in the Sourcewell quotation process, all ows for this self-audit process. SCA under the Contract each quarter, and that the Vendo r remits the proper ad ministrative fee to will not have to rety on multiple report locations for an accurate accounting of sales. Sourcewell. OuCo will have the ability to account for every sate at time of order. There w ill be no atter•the-fact gathering of information required. DuCo will collaborate with th e Government and Bid Contract's Manager on every quota tion for the Sourcewell Member under the contract guidelines, terms and conditions. Every Sourcewe ll Member quotation delineates the Sourcewell Contract Numbe r. Vv'hen a Purchase Order is received, SCA will requ ire the Purchase Order to reference the contrad numbe r. The Purchase Order will be copied to DuCo. This process makes it dear for all personnel to recognize th at it is a SourceweU Contract Sale . The sale , when received, is booked and accounted for on a Sourcewell sales spreadsheet. This makes the end of quarter reporting complete and on tim e. As a secondary check, when SCA receives a payment tor a complete job, SCA will venfy the contract used 1n the purchase. This ensures the correct acco untin g fo r the sale on a second level. 61 H you are awarded a c:ontracl. provide a few examples cf internal metrics lhat wil be lrad<ed SCA values the abilly to service Sourt:ewet Members with their SO<Vi0os In Older IDr ID .........., whether you are having IUCC8IIS wilt, the conlr8cl. SCA ID ensure they an, provicing a procu:t thal Scx,cewel Members want, SCA wi1 be evaluating the sales, Ouar1Brty and ArnJaly, ID ensure growth. SCA wil reopond ac:cordingly to spedtlc regiorel performance ttvough sales training as -as participation in SOUlt8WIIII training classes. SCA is expeded to i'lcnase their sales each year. SCA operates with an arvwat marl<,ng plan to ensure that they maximize their outreach ID potential amomers, indudng Soi.n:ewell MembeB in order to achieve their goal 62 Id entify a proposed administrative fee that you will pay to Sourcewell for faci litating, managing, SCA will pay a fee of 1% for services perfonned. The 1% will no t be calculated on and prom oting the Sourcewell Contract i n the even! that you are awarded a Contract. This fee costs such was water used, mobilization if applicable, and dump fees which are pass is typically calo.Jlated as a percentage of Vendor's sales under the Contract or es a per-unit through pri ces. fee ; it is not a lin&-item addition to the Member's cost of goods (See th e RFP and template Contract for additional details.} Table 14A: Depth and Breadth of Offer ed Equipment Products a nd Seivices UIIII ~ ....,_. . ... 63 Provide a detailed descnplion of the equipment, products, and SCA will provide facillty maintenance services such as: services that y ou are offering in your proposal. Pone r Services Little r Pi ckup Power Washing Parking Lot Sweeping Street Sweeping Catch Basin Cleaning Pipe Cleaning TV pipe inspection See attached detailed examples of Scope of Work provided. 64 Wl1hin this RFP category then, may be IUl>categories of Stntet and highway sweeping services. S0l.lli:Jna. List subc:alegory ti1les that best desaibe your producta Pipe Cleaning Services and services. catch Basin Cleaning Pipe Inspection Services Grease Tntp Cleaning See attached example• of Scope cf Wortc or Other Services Table 14B: Depth and Breadth of Offered Equipment Products and Seivices Indicate below if lhe listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Ula Clllllgory or Type OIIIINd " c...... ... 65 Janitorial, custodial. r. Yes Porter Service, Utter Pickup, power washing, catch ba sin deaning , 1V pipe inspection , grease trap deaning and housekeeping, deaning, and r No stomi/sewer/v.<ater pipe cl eaning. sanitizin g services 66 Landscaping, groundskeepi,g, If; VOi Landscaping, snow ntmoval, grounds maintenance , catch basin cleaning, stonn wa1z>r retention system cleaning, parking lot lawn mowing, snow ntmoval or ,. No sweeping, road sweeping, highway sweeping. snow plowing, and grounds maintenance services 67 Maintenance, management, and r Yes o/a operations of fa ci lities, systems. r. No components , and surfaced areas (ho rizontal and vertical facilities) 68 Management. adminis1ralion. r. Yoo Manage~nt cf al cf the above '81Vices. Including suggested maintenance schedules. labor, personnel, tcots. ,. No equipment supplies, and technoloQy related to or incidenlal to offemg solution, dasctibad in Line Numbers 65 - 67 In Table 14B - ,_ ,_ Bid Number: RFP 062421 Vendor Name : DuCo,LLC DocuSign Envelope ID: 620E245D-C677-4A83-8A2C-A10C3E686BCA Table 15: Industry Specific Questions u.. QIMllall RnpoMe · ... 69 Describe your staffing recruitment, SCA takes a structured and standardized approach to recruiting, candidate selection end employee retenti on to ensure they have a reedy flow of selection, and retention capabilities for qualified, trained employees to perform at the highest levels for the ir customers. Their recruiters deploy a wide variety of in-person and automated participating entities at various stages te chniques (community outreach, Al pre-screening programs, skill-based assessments to name a few) to continuously source applicants and nu the ir of facilities maintenance or pipeline through the most challeng ing talent acquisition times. SCA maintains robust screening and on-boarding processes to ensure compl iance wlth management services outsourcing DOT and other regulations, while ensuring the candidate experience is a positive end interactive one. Once employed, SCA engages their employees (initial im plementation, provider in a wide variety of ways to continuously moni1or job satisfaction, ensuri ng the y identify end address any concerns eerty. SCA's goal is to transition. hybrid service mod el, etc.} continuously improve reten tion and satisfaction of their workforce through clear communications, promotiona l opportunities, and a well•rounded benefit and pay program. 70 Describe your process for SCA has exll!naive experience won<ing with municipalities and other entities In aHting custom statements of wort<, 118MC8 levels, quality cx>ntrol devetopment of par1icipating entity plana, and performance .- -ents of "W0l1<. service -. qualty conlml plans, and perlonnance -(as appficabfe). Our Regional Sales Managers will work with participating entitles personnel ID educate and disaJu a thorough wort< ac:ope and quality control plan ID ensure expeclations are being met for all facets of the project(&). A wide range of options wil be diswssed so entities wil know al the available options to them and they will be Ible to pldt a ll8fVice level plan that is tailored ID their needs baaed on their requirements. From a quality control and performance p,npedive, SCA'• proprietary VSS technology -customers to log Into a custom cloucl-bued portal ID visualy see real-time and histolic:al sweeping cyda da1a. Information can be eaaily e,cported for biling ver11ication and reporting showing -and highways are being cwept just as expectad. Sweeping CDnlr.lclS can involve tena ID -ds ID thousands of miles of roact.vaya whlc:h can aeate challenges for inspedDrs ID monilar and Inspect VSS .-this Issue by providing real time and his1Drical debt such u location, miles .....,p~ _.i, and edu8I ~ lime, 71 Describe technology and software VERIFIED SWEEPING SERVICE® applications used for recordkeeping SCA is the onty sweeping company to offer the proprietary Verified Sw eeping Service® (VSS). Their proven stale.of•the...art VSS portal allows their and reporting , and identify the ability customers to confirm that specific Geo--fenced areas (contracted segment of parking lots/roads/highways) have been swept, minimizing the use of a to integrate with participating entity human inspector, saving on costs. SourceweU entities will have visib ility into our active contract and will be able to vi ew agreed to Geo.fence technology or software applications, as boundaries. service parameters (max speed, min broom time, etc.} and a history of work-order completions. Our VSS portal is also available in applicable. desktop and mobile devices to allow for convenien t access at any time to view predetermin ed performance metncs, real•lime execution progress. and historical perspectives of SCA's services. See attached information for more information. n Describe any procedures related ID SCA ha£ preferred vendor sta!Uo relationships with manuladlers Slld1 as Nitehawtt (parking let sweepers) and SclY.vacze Industries (street sweepe!1'), suppieri>f"vided equipment, products, were they get exceptional ll8fVice and vehicle availability for any whide purchaees. This .-. SCA ID lnaeMe their fleet sw, and mobilize and supples, and the abiity ID meet equipment for a ,_ contrad faller than anyone elBe In the lnduatry. SCA 11110 has --with Continental Tlrea for maintenance of lhelt participating entity requirements ( cost, existing --imlentl:J<y, sustainabiity, etc.). These --.pg translat9 into lower costs for acquiring and maintlllnino equipment which allows for fleet expansion and ..-,_ cow,-for Soun:ewel members. 73 Describe any procedures related to With the preferred supplier status relationsh ips established, SCA receives priority when in need of new equipment, parts, and factory service. Th is participating entity-provided or supplier-allows SCA to increase their fleet size, keeps their equipment runn ing and ready for superior response and service to their customers. acquired equipment. products, and supplies. SCA be longs to two (2) group purchasing o'ljanizalions , Coretrust Procuremenl Group (office supplies . shipping. etc.) and Procurement Analytics (industrial parts for inventory) to allow SCA to team up with other companies to get volume discounts. Table 16: Exceptions to Terms, Conditions, or Specifications Form Line tt:em 74. NOTICE: To identify any exception, or to request any modif1CBtion. to the Sourcewell template Centred terms, conditions, or specifications, a Proposer must submit the exception or requested modrfication on the Exceptions to Terms, Conditions, or Specifications Form immediately below. The contract section, the specific text addressed by the exception or requested modification, end the proposed modifi cation must be identified in detail. Proposer's exceptions and proposed modifications are subject to review and approval of Sourcewell and win not automatically be included in the ccntrad. ~Sacllaa -C:---.•IF ~-I Elli:epllDD ............ I Documents Ens ure your submission document(s) conf o rms to the f o llo w ing: 1. Documents in PDF formal are preferred. Documents i n Word, Excel , or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may nol be able to open the file . It is your sole responsibility to ensure thal lhe uploaded documenl(s) are nol either defective, corrupled or blank and that lhe documenls can be opened and viewed by Sourcewell. 3. Sourcewell may reject an y response where any documenl(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item. you should combine lhe documents inlo one zipped file. II the zipped file conlains more than one (1) documenl, ensure each document is na med, in relalion lo the submission format it em responding lo. For example, if responding to the Marketing Plan calegory save lhe document as "Ma rkeling Plan." • fli.Qng -SCA Services Pricmg Sourcewell Pricing 6_22_2021 .xlsx -Tuesday June 22 , 2021 11 :06:33 • Financial Slrength and Stability -Table 1 and 2 Rep OBA Certs Bond Bank.zip -Tu esday June 15, 2021 13:10:27 • M arketing Plan/Samples -Table 4 and 5 Ads docs localion csr svc testimonials (2).zip -Thursday June 17, 2021 11 ·14:13 • WMBE/MBE/SBE or Related Certificates (op tional) • Performance Standards or Guarantee Information -SCA Customer Serv,ce System VSS SLICK.pd! -Tuesday June 15, 2021 13:19:02 • Standard Transaction Qocument Samples -Std Transaction Docs.zip-Tuesday June 15, 2021 13:11 :45 • Upload Additional Document -Table 14 Scope of Work.zip -Tuesday June 15, 2021 13:18 :23 Bid Number: RFP 062421 VendorName:DuCo ,LLC DocuSign Envelope ID : 620E245D-C677-4A83-8A2C-A10C3E686BCA Addenda, Terms and Co nditions PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representati ve of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting lhis Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the j urisdiction of its residence. 2. The Proposer warra nts that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contracl award . 3 . The Proposer, including any person assisting with the creation of this Proposal , has a rri ved at this Proposal independently and the Proposal has been crealed without collud ing wilh any other person, company, or parties that have or will submi t a proposal under this solicitation; and the Proposal has in all respects been created fairty wi thout any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection w ith this solicitation. Additionally, if Proposer has w orked with a consultant on the Proposal, the consultant (an ind ividual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4 . To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or ci rcumstances which could give nse to an organizational conflict of interest. An organizational conflict of interest exi sts when a vendor has an unfair competitive advantage or the vendor's objectivily in performing the conlract is, or might be, impaired. 5 . The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons pnor to Due Date of this solicitation. 6 . If awarded a contract, the Prop oser w ill provide to Sourcewell Pa rticip ating Entities the equipment, products , and services in accordance wit h the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, pro ducts, or services. all applicable licenses or certifications necessary to deliver such equ ipment, products, o r services under any resulting contract. 8 . The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to , the Proposer must provide only new and first-quality products and rel ated services to Sourcewell Members un der an awarded Contract. 9 . The Proposer w ill comply with all applicable provisions of federal , state , and local laws, regulations, rules, and orders. 1 0 . The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13 .591 , subdivision 4 , all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13 .37 permits only certain narrowly defined data to be considered a "trade secret ," and thus nonpublic data under Minnesota's Da ta Practices Act. 11 . Proposer its employees , agents, a nd subcontractors are not: 1. Included on the "Specially Designated Nationals and Blocked Persons· list maintained by the Office of Foreign Assets Control of the United States Department of th e Treasury found at: https·llwww treasury aoytofac/down toadstsdnlist pct!: 2. Included on the government-wide exclusions lists in the United States System for Award Management found al: hUps·llsam gQJ[§_fil/Jj; or 3. Presently debarred, suspended , proposed for debarment, declared ineligible , or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian go vernment, as applicable; or any Participating Entity. Vendor certifies and warranls that neither ii nor its principals have been convicted of a criminal offense related to the subject matter of this solici tation. i;, By checking this box I acknowledge th at I am bound by the terms of the Proposer's Affidavit, have the legal au thorily to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect , vali dity, or enforceability solely because an electronic signature or electronic record was used in its formation . -M.J. DuBois, Contract Administrator, Sweep America Intermediate Holdings LLC The Proposer declares that there is a n actual or potential Conflict of Interest relating to the preparation of ,ts submission, and/or the Propose r foresees a n actual or potential Conflict of Interest in performing the contractual obligations contemplated in th e bid. o Y es ,. No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the col umn "I have reviewed t h is adde ndum" below to acknowledge each of the addenda. Flle Nana Addendum_J_ Facilities Maintenance Services_RFP _062421 Thu June 17 2021 05:05 PM Addendum_2_ Facilities Maintenance Services_RFP _062421 Wed June 9 2021 04 23 P M Addendum_ 1_ Facilities Maintenance Services_RFP _062421 Wed June 2 2021 08:48 AM Bid Number: RFP 062421 I have revfew<>d the below addendum and attachment& (If appl icable! 11 Pages Vendor Name :DuCo ,LLC DocuSign Envelope ID: 92CF1 B00-9C8O-4CB3-864F-C77482AD9O49 AMENDMENT#l TO CONTRACT #062421-SWP THIS AMENDMENT is by and between Sourcewell and Sweep America Intermediate Holdings, LLC (Vendor). Vendor was awarded a Sourcewell Contract for Facilities Maintenance Services effective August 5, 2021, through August 8, 2025, relating to the provision of services by Vendor to Sourcewell and its Members (Original Agreement). The parties agree that certain terms within the Original Agreement will be updated and amended and only to the extent as hereunder provided. IN CONSIDERATION OF the mutual covenants and agreements described in this Amendment, the parties agree as follows: 1. This Amendment is effective upon the date of the last signature below. 2. Section 18. Insurance, Subsection A. Requirements, Item 5. Network Security and Privacy Liability Insurance of the Original Agreement is modified to reduce the minimum limits required to $1,000,000 per occurrence and annual aggregate. Except as amended by this Amendment, the Original Agreement remains in full force and effect. Sourcewell Sweep America Intermediate Holdings, LLC coo Title: Director of Operations & Procurement/CPO Title: ___________ _ D 1/13/2022 I 8:35 PM CST ate: __________ _ Date: 1/13/2022 I 1:48 PM PST Sourcewell-APPROVED: ~~ Chad c.., ... ..!~~~~a11A64cc ••• Title: Executive Director/CEO D t 1/14/2022 I 8:09 AM CST a e: __________ _ DJYEHLJH uf Co1nJ[J}' t'iTJDiTC /111 ojj1d{JJ :Jmit (f Floridt1 a-tJb.;it:' ~partment of State / Division of QorpQCilliQni I Search Records / Search by Entity ~ / Detail by Entity Name Florida Limited Liability Company USA SERVICES OF FLORIDA, LLC Filing Information Document Number L21000534708 FEI/EIN Number 59-2936530 Date Filed 12/29/2021 Effective Date 02/08/1989 State FL Status ACTIVE Last Event CONVERSION Event Date Filed 12/29/2021 Event Effective Date 12/30/2021 fdru;lpal Address 448 SPRING HAMMOCK CT LONGWOOD, FL 32750 Mailing Address 4141 Rockside Road Suite 100 Seven Hills, OH 44131 Changed: 01/21/2022 B.@gistered Agent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Authorized person(§) Detail Name & Address Title CEO Sisler, Jonathan 4141 ROCKSIDE RD., #100 CLEVELAND, OH 44131 Title Treasurer EXHIBIT I 8. DIVISION OF CORPORATIONS Quinn, Gary 4141 ROCKSIDE RD., #100 CLEVELAND, OH 44131 Title Secretary Quinn, Erin Boyts 4141 Rockside Road Suite 100 Seven Hills, OH 44131 Title Regional Vice President Chiodo, Christopher 4141 Rockside Road Suite 100 Seven Hills, OH 44131 Title President Latanza, Michael 4141 Rockside Road Suite 100 Seven Hills, OH 44131 Annual Renorts Report Year 2022 2023 2023 Document Images Filed Date 01/21/2022 01/16/2023 08/02/2023 08/02/2023 -AMENDED ANNUAL REPORT View image in PDF format -------------' 01/16/2023-ANNUAL REPORT View image in PDF format 12/05/2022 -AMENDED ANNUAL REPORT View image in PDF format __________ __. 06/09/2022 -AMENDED ANNUAL REPORT View image in PDF format -------------' 01/21/2022-ANNUAL REPORT View image in PDF format 12/29/2021 -Florida Umjted Liability View image in PDF format