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R2022-150 2022-07-11RESOLUTION NO. R2022-150 A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to participate in the Sourcewell Cooperative purchasing program for the purchase of replacement fire bunker gear, from Municipal Emergency Services, in the estimated amount of $240,000.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That contract pricing has been obtained through the Sourcewell Cooperative purchasing program for the purchase of replacement fire bunker gear. Section 2. The City Manager or his designee is hereby authorized to execute a supply contract with Municipal Emergency Services, in the estimated amount of $240,000.00, for the purchase of replacement fire bunker gear. PASSED, APPROVED and ADOPTED this the 11th day of July, A.D., 2022. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ LESLIE CRITTENDEN CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 487FA7C9-ADBF-4C7F-94A5-3EEC3B24F525 DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 040220-M ES ��IIII 11 l��lllllll��. Solicitation Number: RFP #040220 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Municipal Emergency Services Inc., 12 Turnberry Ln., 2nd Floor, Sandy Hook, CT 06482 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members. Participation is open to all levels of governmental entity, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and its Members (Members) in the United States only. 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires May 7, 2024, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor's product and pricing list. Unless agreed to by the Member in advance, Equipment or Products must be delivered as operational to the Member's site. 1 Rev.4/2019 DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 040220-MES This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor's dealers and distributors must agree to assist the Member in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the Vendor's warranty will be passed on to the Member. C. DEALERS AND DISTRIBUTORS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor's authorized Distributors/Dealers relative to the Equipment, Products, and Services related to this Contract.This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's Proposal. Regardless of the payment method chosen by the Member, 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 Member at the time of purchase. When providing pricing quotes to Members, all pricing quoted must reflect a Member'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 Member's requested delivery location. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Members. Members 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. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. 2 Rev.4/2019 DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 040220-MES Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Member. B. SALES TAX. Each Member is responsible for supplying the Vendor with valid tax-exemption certification(s). When ordering, Members must indicate if it is a tax-exempt entity. C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Members. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator.This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number • Clearly specify the requested change • Provide sufficient detail to justify the requested change • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change) • 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 be become an amendment to this Contract and be incorporated by reference. 3 Rev.4/2019 DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 040220-MES 5. MEMBERSHIP, CONTRACT ACCESS, AND MEMBER REQUIREMENTS A. MEMBERSHIP. Membership in Sourcewell is open to public and nonprofit entities across the United States and Canada; such as municipal, state/province, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Members that can legally access the Equipment, Products, or Services under this Contract within the United States. A Member's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Member's use of this Contract is at the Member's sole convenience and Members reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell membership requirements and documentation and will encourage potential members to join Sourcewell. Sourcewell reserves the right to add and remove Members to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor's employees may be required to perform work at government- owned facilities, including schools. Vendor's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Member policies and procedures, and all applicable laws. 6. MEMBER ORDERING AND PURCHASE ORDERS A. PURCHASE ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, Member must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically a Member will issue a purchase order directly to Vendor. Members may use their own forms for purchase orders, but it should clearly note the applicable Sourcewell contract number. Members will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Member. B. ADDITIONAL TERMS AND CONDITIONS. Additional terms and conditions to a purchase order may be negotiated between a Member and Vendor, such as job or industry-specific requirements, legal requirements (such as affirmative action or immigration status requirements), or specific local policy requirements. Any negotiated additional terms and conditions must never be less favorable to the Member than what is contained in Vendor's Proposal. C. PERFORMANCE BOND. If requested by a Member, Vendor will provide a performance bond that meets the requirements set forth in the Member's purchase order. 4 Rev.4/2019 DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 040220-MES D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Member requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Member and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. E. TERMINATION OF PURCHASE ORDERS. Members may terminate a purchase order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Member fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal or state laws or regulations prohibit the purchase or change the Member's requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Member. F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Member's purchase order will be determined by the Member making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: • Maintenance and management of this Contract; • Timely response to all Sourcewell and Member inquiries; and • Business reviews to Sourcewell and Members, if applicable. B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to members, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). 5 Rev.4/2019 DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 040220-MES The Report must contain the following fields: • Customer Name (e.g., City of Staples Highway Department); • Customer Physical Street Address; • Customer City; • Customer State; • Customer Zip Code; • Customer Contact Name; • Customer Contact Email Address; • Customer Contact Telephone Number; • Sourcewell Assigned Entity/Member Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Members. The Vendor will submit a check payable to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Members under this Contract during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above "Attn: Accounts Receivable." Payments must be received no later than forty-five (45) calendar days after the end of each calendar quarter. Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than thirty (30) days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 6 Rev.4/2019 DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 040220-MES 10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. E. 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, master- servant, principal-agent, or any other relationship. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Members, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. 12. AUDITS Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of six (6) years from the end of this Contract. This clause extends to Members as it relates to business conducted by that Member under this Contract. 13. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. 7 Rev.4/2019 DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 040220-MES If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 14. INTELLECTUAL PROPERTY As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Members against any and all suits, claims,judgments, and costs instituted or recovered against Sourcewell or Members by any person on account of the use of any Equipment or Products by Sourcewell or its Members supplied by Vendor in violation of applicable patent or copyright laws. 15. PUBLICITY, MARKETING, AND ENDORSEMENT A. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. B. MARKETING. Any direct advertising, marketing, or offers with Members must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. C. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 16. GOVERNING LAW,JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. 17. 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. 18. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the 8 Rev.4/2019 DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 040220-MES remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 19. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have thirty (30) calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Members as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Member order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 20. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: 9 Rev.4/2019 DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 040220-MES 1. Workers'Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition). At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer). Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers' Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor's professional services required under this Contract. Minimum Limits: $2,000,000 per claim or event 10 Rev.4/2019 DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 040220-MES $2,000,000—annual aggregate 6. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data —including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract.The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without thirty (30) days' prior written notice to the Vendor. Upon request, Vendor must provide to Sourcewell copies of applicable policies and endorsements, within ten (10) days of a request. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to name Sourcewell and its Members, including their officers, agents, and employees, as an additional insured under the Vendor's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance 11 Rev.4/2019 DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 040220-MES maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies). F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of$10,000 is subject to Sourcewell's approval. 21. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Members. 22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota, the United States federal government, or any Member. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Members 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. Members may also require additional requirements based on specific funding specifications. Within this Article, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when 12 Rev.4/2019 DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 040220-MES a Member accesses Vendor's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of$2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation.The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. § 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of 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 13 Rev.4/2019 DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 040220-MES work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A 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. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT(42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of$150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any 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 14 Rev.4/2019 DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 040220-MES covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of three (3) years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE.To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 15 Rev.4/2019 DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 040220-MES 24. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon sixty (60) days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor's Proposal. Termination of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to termination. Sourcewell Municipal Emergency Services Inc. DocuSigned by: DocuSigned by: By:Ut,Vt,witl Sck.wavfil? By: Wt ( SoUn,S COFD2A139D06489... �- BEDE7B96DF184BB_. Jeremy Schwartz setn c.osans Title: Director of Operations & Title: Contract Administrator Procurement/CPO 5/5/2020 I 4:59 PM CDT 5/5/2020 I 5:10 PM CDT Date: Date: Approved:cuSigned by: i, Coact, •By 1. . •--7E42B8F817A64CC_. Chad Coauette Title: Executive Director/CEO Date: 5/5/2020 I 5:13 PM CDT 16 Rev.4/2019 DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 RFP 040220 - Firefighting Equipment and Rescue Tools with Related Supplies and Accessories Vendor Details Company Name: Municipal Emergency Services Inc Does your company conduct business under any other name?If Lawmen Supply Company of New Jersey Inc. yes, please state: 12 Turnberry Ln Address: 2nd Floor Sandy Hook, CT 06482 Contact: Seth Cosans Email: seth.cosans@mesfire.com Phone: 410-960-2600 Fax: 410-960-2600 HST#: 651051374 Submission Details Created On: Tuesday March 17, 2020 14:42:29 Submitted On: Tuesday March 31,2020 13:31:19 Submitted By: Seth Cosans Email: seth.cosans@mesfire.com Transaction#: 7c771148-545f-4664-bab8-9fd382eb0216 Submitter's IP Address: 173.49.115.251 Bid Number: RFP 040220 Vendor Name: Municipal Emergency Services Inc DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 Specifications Table 1: Proposer Identity&Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Please do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; mark"NA" if the question does not apply to you (preferably with an explanation). Line Question Response"" Item 1 Proposer Legal Name (and Municipal Emergency Services Inc. applicable d/b/a, if any): 2 Proposer Address: 12 Turnberry Ln 2nd Floor Sandy Hook, CT,06482 3 Proposer website address: www.mesfire.com 4 Proposer's Authorized Seth Cosans Representative (name, title, Contract Administrator address, email address & phone) seth.cosans@mesfire.com (The representative must have 410-960-2600 authority to sign the "Proposer's Assurance of Compliance" on behalf of the Proposer and, in the event of award, will be expected to execute the resulting contract): 5 Proposer's primary contact for this Seth Cosans proposal (name, title, address, Contract Administrator email address & phone): seth.cosans@mesfire.com 410-960-2600 6 Proposer's other contacts for this David Mooney proposal, if any (name, title, Regional Vice President address, email address & phone): dmooney@mesfire.com 360-953-7773 Table 2: Company Information and Financial Strength Line Question Response"" Item 7 Provide a brief history of your company, Municipal Emergency Services was established in October of 2000. MES/Lawmen including your company's core values, Supply Company is a national full-line first responder and public safety distributor in business philosophy, and industry longevity the US. We represent, stock and distribute over 60,000 thousand products from over related to the requested equipment, products 2000 manufacturers. We currently have over 180 outside sales reps, 100 mobile or services. service technicians, as well as dedicated inside sales staff and customer service representatives, and over 16 warehouse locations across the United States. In 2012 MES acquired Lawmen Supply. This merger gives the company the unique ability to serve all first responders and public safety officials on a national level. MES/Lawmen annual sales are in excess of $200MM and the majority of our sales are for fulfillment of contracts and purchases to local, state and federal first responder and public safety organizations. We are a financially stable company with an excellent reputation with our customers and suppliers. What makes MES/Lawmen distinctive is our national presence. Our size, number of sales representatives, service technicians, strategic warehouse locations and geographic coverage positions us to provide superior products and customer service to fire and public safety departments on a national level as no other sales and service distributor can provide. Bid Number: RFP 040220 Vendor Name: Municipal Emergency Services Inc DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 8 Provide a detailed description of the products MES represents the best manufactures for first responder and public safety products and services that you are offering in your in our industry including but not limited to Firefighting Equipment and Rescue Tools proposal. with Related Supplies and Accessories to include: equipment, tools, supplies, and accessories used for all types of fire and rescue service, including structural firefighting, wildland firefighting, technical rescue, aircraft rescue, HazMat, and EMS, including, but not limited to: Firefighting water flow equipment including hoses, adaptors, monitors, nozzles, valves, racks, rollers, and wrenches, Fire pumps including skid units, portable pumps, compressed air foam systems, Firefighting suppression, retardant, and extinguishing agents including foam, dry chemicals, concentrates, Firefighting attack and rescue tools including ventilation systems, forcible entry tools, thermal imaging equipment, saws, axes, and Halligan bars, Extrication tools including sledges, rams, cutters, spreaders, drills, lifting bags, cushions, combo tools, and rapid stabilization struts, Technical, vertical, trench, and confined space rescue equipment including cribbing, rope, webbing, pulleys and descenders, and rescue bags, Hazardous material equipment including gas detection and monitoring equipment, HazMat suits, decontamination equipment, and staging kits, Related tools and accessories including bags, goggles, straps, flashlights, decals, and badges 9 What are your company's expectations in the MES's expectations upon an award from Sourewell is to update our sales force on event of an award? the new contract vehicle for which the membership would have access and to roll out to that membership the same level of service that MES provides to all of our agencies everyday many of which are already members. Providing another wonderful way for customers to achieve their missions and for MES to help them reach each solution with the best value that we provide in the way we service all of our markets nation wide. 10 Demonstrate your financial strength and MES is attaching a bank reference letter as well as audited financials from 2018 to stability with meaningful data. This could show how stable and strong we are and have continued to grow. include such items as financial statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. Upload supporting documents (as applicable) in the document upload section of your response. 11 What is your US market share for the MES represents 25% market share nationwide and has been working to grow with solutions that you are proposing? great contracts like Sourcewell provides. 12 What is your Canadian market share, if any? N/A 13 Has your business ever petitioned for No bankruptcy protection? If so, explain in detail. 14 How is your organization best described: is it MES is an authorized distributor reseller and service provider for the manufactures a manufacturer, a distributor/dealer/reseller, or we represent nationwide with the exception a few areas. We do this all with our a service provider? Answer whichever own company owned sales and service teams working closely with the manufactures question (either a) or b) just below) best we represent without any other network outsourcing. MES is an industry leader for applies to your organization. both sales and service. a) If your company is best described as a distributor/dealer/reseller (or similar entity), provide your written authorization to act as a distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If applicable, is your dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider, describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? 15 If applicable, provide a detailed explanation MES sales force experience is second to none in the public safety industry. They outlining the licenses and certifications that are trained and have the experience to size agencies for turnout gear and many are both required to be held, and actually other types of gear including body armor.. They are knowledgeable subject matter held, by your organization (including third specialists concerning NFPA standards for turnout gear and SCBA certifications parties and subcontractors that you use) in standards as they are changing. Our Service technicians are certified to evaluate test pursuit of the business contemplated by this repair and work on 3M/Scott Safety SCBA systems and various other Air supply RFP. compressors and components that support 3M Scott SCBA's. MES is one of only very few Five Star certified 3M Scott National Service groups. 16 Provide all "Suspension or Debarment" N/A information that has applied to your organization during the past ten years. 17 Within this RFP category there may be N/A subcategories of solutions. List subcategory titles that best describe your products and services. Bid Number: RFP 040220 Vendor Name: Municipal Emergency Services Inc DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 Table 3: Industry Recognition & Marketplace Success Line Question Response"" Item 18 Describe any relevant industry awards or As mentioned in another section MES is only one of a very few that is a 3m/Scott recognition that your company has received Safety Five Star Safety certified group and we are very proud of this. in the past five years To achieve this as a distributor you must have certified technicians, mobile and stocking service locations and maintain certain standards for excellence for which MES has for many years. 19 What percentage of your sales are to the 95% of MES business is and has been to government. Local Towns, County, and governmental sector in the past three years State government agencies which are the bulk of our business. MES does sell to some contractors that service certain aspects of the safety market however that is a smaller part. 20 What percentage of your sales are to the Less than 2%. MES does sell to some public safety groups that have security education sector in the past three years police forces or fire rescue training academies however those purchases are still not "" a bulk of our overall business. 21 List any state or cooperative purchasing MES NPPGov Contracts the last three years sold $56,194,974.17. contracts that you hold. What is the annual NY HIRE Contract the last three years sold $18,874,155.57. sales volume for each of these contracts NJ State Contract the last three years sold $27,572,071.00. over the past three years? 22 List any GSA contracts that you hold. What MES has a GSA contract. Last three years total sales $14,837.00. is the annual sales volume for each of these MES's GSA contract has no COOP provision so no agency other than Federal or contracts over the past three years? Military can purchase from that contract. It is also very limited and does not offer the same products requested within this RFP. Table 4: References/Testimonials Line Item 23. Supply reference information from three customers who are eligible for Sourcewell membership. Entity Name* Contact Name* Phone Number"" Los Angeles City Fire Department Assistant Chief Wade White 213-703-4504 West Metro Fire and Rescue Fire Chief Don Lombardi 303-989-4307 City of Aurora Fire-Rescue Department Deputy Chief of Operations Stephen Mclnerny II 303-326-8889 Table 5: Top Five Government or Education Customers Line Item 24. Provide a list of your top five government,education, or non-profit customers (entity name is optional), including entity type,the state or province the entity is located in, scope of the project(s),size of transaction(s), and dollar volumes from the past three years. Entity Name Entity Type State 1 Scope of Work Size of Transactions Dollar Volume Past Three Province Years* Miami Dade Government Florida-FL Fire Rescue PPE and Service $78,499.00 avg $6,986,426.25 Fire Rescue San Diego Fire Government California-CA Fire Rescue PPE and Service $ 48,997.00 avg $6,516,619.15 L.A. Co Fire Government California-CA Fire Rescue PPE and Service $38,882.00 avg $6,415,498.09 Sacramento Government California-CA Fire Rescue PPE and Service $52,477.00 avg $6,402,231.76 Metro Fire Houston Fire Government Texas-TX Fire Rescue PPE and Service $41,346.00 avg $6,367,298.70 Bid Number: RFP 040220 Vendor Name: Municipal Emergency Services Inc DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 Table 6: Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell Members across the US, and Canada if applicable.Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers(full- time equivalents) involved in each sector, whether these workers are your direct employees(or employees of a third party), and any overlap between the sales and service functions. Line Question Response"" Item 25 Sales force. Municipal Emergency Services has a sales force of approximately 180 sales representatives in the field across the United States. This sales force is backed up by " skilled inside regional office support throughout the USA to process sales orders, purchase orders with manufacturers and support customers. 26 Dealer network or other distribution methods. Municipal Emergency Services is the distributor/dealer for the products proposed. 27 Service force. Municipal Emergency Services has a mobile service force of approximately 100 service technicians fully trained and certified by the manufacturer. 28 Describe in detail the process and Municipal Emergency Services has 30+ customer service representatives to assist procedure of your customer service sales representatives and service technicians with order placing, job scheduling and program, if applicable. Include your followup. It is a company initiative that a response to an inquiry is made the same response-time capabilities and business day whenever possible and no later than the next business day. commitments, as well as any incentives that help your providers meet your stated service goals or promises. 29 Identify any geographic areas of the United MES will not be providing any coverage to Canada. MES distribution agreements are States or Canada that you will NOT be fully for the USA and that is where we have sales, service and customer service staff to serving through the proposed contract. maintain the market in the USA.MES covers 44 states so there are only a few areas in the USA MES does not have sales coverage. Maine, Rhode Island, Kentucky, Michigan, Wisconsin, and North Dakota. 30 Identify any Sourcewell Member sectors MES has a nationwide presence and coverage with sales force across the bulk of the (i.e., government, education, not-for-profit) states as well as strategically placed warehouses and service stations to support that you will NOT be fully serving through orders and service related work. the proposed contract. Explain in detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 31 Define any specific contract requirements or Shipping for large, bulky or heavy items MES will quote as needed separately. restrictions that would apply to our From time to time MES may include shipping as added discount at no charge. Members in Hawaii and Alaska and in US When MES ships from our warehouses to get products to customers quickly Territories. shipping may be added and at other times drop shipments may have shipping included no charge due to shipping terms with manufacture's. Whatever the fairest and most equitable shipping situation MES will present to each order. Hawaii and Alaska orders shipping will be quoted as stated. MES will present these shipping terms at time of each quote. This would apply to all US Territories. Bid Number: RFP 040220 Vendor Name: Municipal Emergency Services Inc DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 Table 7: Marketing Plan Line Question Response"" Item 32 Describe your marketing strategy for Municipal Emergency Services is very familiar with promoting contracts. As the largest promoting this contract opportunity. supplier of First Responder Equipment in the US, we recognize the value of contracts and Upload representative samples of your the time and money that can be saved by agencies not having to go to bid and still marketing materials (if applicable) in receive the items they specify as a solution for their entity from contracts. Additionally the document upload section of your MES has implemented an outbound call center (Sales Development Team) that is tasked response. with reaching out to customers to make them aware of new products, services, etc. Promoting a new contract would fit nicely in this team's scope of work. 33 Describe your use of technology and Municipal Emergency Services has a marketing team that handles our print, digital and digital data (e.g., social media, social media marketing campaigns. Content is regularly created and posted to our metadata usage) to enhance approximately 100,000 followers made up of customers and industry professionals. marketing effectiveness. 34 In your view, what is Sourcewell's role Promotion from Sourcewell in concert with MES would be very important to all its in promoting contracts arising out of membership. Sourcewell brings significant municipal contract experience and coupled with this RFP? How will you integrate a MES's national relationships would be powerful. Our sales staff is well versed in contracts Sourcewell-awarded contract into your of this type and their importance so integration into our program would be seamless. sales process? 35 Are your products or services Municipal Emergency Services has several e-procurement process options and order type available through an e-procurement and expected frequency would play a role in deciding which of these platforms are ordering process? If so, describe your appropriate. As examples we have a normal e-commerce website in which members could e-procurement system and how be given a code to unlock discounts on specific items. We have a custom web store that governmental and educational specific department approved items can be populated and access for procurement granted customers have used it. to as many or few individuals as an agency deems appropriate. There is also dynamic quoting which is similar to the custom website but designed for a smaller number of items that are ordered in high volume. Of course we have the traditional method of ordering where a member can email and call the sales representative or office directly and place an order. Bid Number: RFP 040220 Vendor Name: Municipal Emergency Services Inc DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 Table 8: Value-Added Attributes Line Question Response Item 36 Describe any product, equipment, MES provides SCBA annual test service maintenance in and out of warranty. MES also maintenance, or operator training performs training on SCBA set up of new certification packs, as well as many other general programs that you offer to review of products. Sourcewell Members. Include If specific requests for training are made outside of general review MES quotes those details, such as whether training is training on a case by case based on all of the products in need of training based on time standard or optional, who provides and number of people needed to train which can vary. training, and any costs that apply. 37 Describe any technological MES has SOS stores which are Signature Online Stores which are unique in our industry advances that your proposed and newer tech we can provide and can be built and configured to meet the needs of large products or services offer. customers as one example of services. MES represents the best PPE products in the industry that provides some of the most outstanding tech for first responders like programs that track turnout gear, and SCBA service, also protection advances in general that make turnout gear lighter and yet still keep firefighters safe under newer standards. 38 Describe any "green" initiatives N/A that relate to your company or to your products or services, and include a list of the certifying agency for each. 39 Identify any third-party issued eco- N/A labels, ratings or certifications that your company has received for the equipment or products included in your Proposal related to energy efficiency or conservation, life-cycle design (cradle-to-cradle), or other green/sustainability factors. 40 Describe any Women or Minority MES is not a (WMBE) so this does not apply. N/A Business Entity (WMBE), Small Business Entity (SBE), or veteran owned business certifications that your company or hub partners have obtained. Upload documentation of certification (as applicable) in the document upload section of your response. 41 What unique attributes does your MES has the largest and experienced sales force that are subject matter specialists in the company, your products, or your equipment we sell and amazing service technicians to service many of those products. This services offer to Sourcewell is what sets MES apart from any other group in the USA. Members? What makes your proposed solutions unique in your industry as it applies to Sourcewell members? 42 Identify your ability and willingness MES is not interested in providing an award of what we submit outside of the USA at this to provide your products and time. MES's distributor contracts are set for distribution in the USA. services to Sourcewell member agencies in Canada. Bid Number: RFP 040220 Vendor Name: Municipal Emergency Services Inc DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 Table 9: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line Question Response Item 43 Do your warranties cover all products, parts, and The warranties provided by each manufacture being bid provides slightly labor? different things. Most provide for coverage against mfg defects for a industry standard amount of time. Some cover parts and labor within warranty period however some do not cover labor. 44 Do your warranties impose usage restrictions or All of the warranties for the companies MES is bidding shows coverage for other limitations that adversely affect coverage? normal wear and use. Abuse to a produce normally does have a provision to exclude coverage however MES works very closely with each mfg to work through any warranty issue with customers. 45 Do your warranties cover the expense of Most mfg warranty do not cover travel time and mileage unless there is a technicians' travel time and mileage to perform gross failure of the product and in those cases we work with the mfg to warranty repairs? work through the issue on a case by case issue which is rare. 46 Are there any geographic regions of the United MES will not be providing any coverage to Canada. MES distribution States (and Canada, if applicable) for which you agreements are for the USA and that is where we have sales and service cannot provide a certified technician to perform staff to maintain the market in the USA.There are only a few areas in the warranty repairs? How will Sourcewell Members in USA MES does not have sales and service coverage. We address this on a these regions be provided service for warranty case by case basis as for the listed products we cover most of the USA repair? Alaska and Hawaii. 47 Will you cover warranty service for items made by MES is the distributor of products made by manufacturers we represent. other manufacturers that are part of your proposal, MES follows the Manufacturers warranty.Depending on the Manufacturer MES or are these warranties issues typically passed on works on some of the products under warranty and out of warranty repairs. to the original equipment manufacturer? Some of them are sent back to the manufacturer in and out of warranty for service all based on MFG policy. 48 What are your proposed exchange and return Goods received in damaged or defective condition will be repaired or programs and policies? replaced as outlined by the manufactures warranty and guidelines. If the product was damaged while in transport, a claim will be filed with the carrier and we will then work to resolve the replacement asap. These evaluations are expected to be done within 30 days of delivery or sooner by the customer. After that time MES and most manufacturers will not be held responsible for whatever issue is presented. MES does our best to always resolve issues presented. 49 Describe any service contract options for the items MES lists service for items we submit for bid. These are both for annual included in your proposal. testing, repair in and out of warranty with listed labor and parts cost discount. Bid Number: RFP 040220 Vendor Name: Municipal Emergency Services Inc DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 Table 10: Payment Terms and Financing Options Line Question Response"" Item 50 What are your payment terms (e.g., net 10, net 30)? Net 30 51 Do you provide leasing or financing options, especially Municipal Emergency Services, Inc utilizes Community Leasing those options that schools and governmental entities may Partners as a source for leasing/financing eligible items when need to use in order to make certain acquisitions? requested. 52 Describe your formal trade-in program or policy for the From time to time and when market conditions permit, Municipal products or equipment offered in your proposal, if any. Emergency Services may offer a trade in credit for items being Upload trade-in program materials (if applicable) in the replaced. When applicable, the value of the trade in will be based document upload section of your response. on market and product conditions at the time. 53 Briefly describe your proposed order process. Include Municipal Emergency Services has several ordering platforms and as enough detail to support your ability to report quarterly stated previously, MES is a dealer so there would be no network sales to Sourcewell as described in the Contract template. outside of ourselves processing orders. All orders, regardless of the For example, indicate whether your dealer network is sales platform utilized will be marked that they are Sourcewell included in your response and whether each dealer (or Contract orders within our internal systems to make quarterly some other entity) will process the Sourcewell Members' reporting simplified. When a sales representative creates a quote, purchase orders. there is a "forced field" where the rep must select a contract (or none) but there is no default and the field cannot be bypassed. Once a quote is verified and approved by a member, the quote becomes the sales order, the sales order generates a purchase order to our supplier if not in stock in our facility, and then becomes an invoice- all a product of the original quote and does not have to " be re-entered at every step. The ordering platforms offered are traditional orders, in which a customer contacts the sales representative or office with approval to order. Most orders on this contract would likely fall into this category due to the customization of many of these protective clothing items. We have several electronic platforms that can be utilized depending on the anticipated order size and frequency. We have a customizable web store in which the member would have a private website with approved items. We also have a dynamic quote system designed for smaller quantities of items in which the member can log in and order off of a quote with an extended expiration date. 54 Do you accept the P-card procurement and payment MES limits P-Card and credit card purchases to $10,000. There is process? If so, is there any additional cost to Sourcewell no added fee to use this method. Members for using this process? Bid Number: RFP 040220 Vendor Name: Municipal Emergency Services Inc DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Question Response"" Item 55 Describe your pricing model (e.g., line-item discounts or MES will upload MSRP, list or net price sheets depending on product-category discounts). Provide detailed pricing data manufacturer as we list them as well as discounts off of those (including standard or list pricing and the Sourcewell MSRP, list price or net price lists as the Sourcewell price. discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the document upload section of your response. 56 Quantify the pricing discount represented by the pricing MES will list the discount from MSRP, list or net price sheets proposal in this response. For example, if the pricing in depending on manufacturer as we list them for the Sourcewell your response represents a percentage discount from MSRP proposed bid price. or list, state the percentage or percentage range. 57 Describe any quantity or volume discounts or rebate MES gives our best price based on the volume of business we do programs that you offer. annually so any added volume discounts would only be when we have special pricing to list as Sourcewell indicated can be done on a case by case in the portal as they happen. 58 Propose a method of facilitating "sourced" products or For any open market requested items or items not found on contract related services, which may be referred to as "open market" MES would quote those as open market at the same agency items or "nonstandard options". For example, you may discounted pricing we do every day. supply such items "at cost" or "at cost plus a percentage," or you may supply a quote for each such request. 59 Identify any element of the total cost of acquisition that is Special requests such as training on items not always listed, inside NOT included in the pricing submitted with your response. delivery, lift gates so that deliveries can be more easily offloaded or This includes all additional charges associated with a anything else, MES is willing to work with the membership to price purchase that are not directly identified as freight or out to take care of the needs of the agencies and make sure their " shipping charges. For example, list costs for items like pre- goals are met. MES's goal is to be the first and last supplier and delivery inspection, installation, set up, mandatory training, or service provider agency members think of and go to because we initial inspection. Identify any parties that impose such costs know there are other options and we are here to make sure you get and their relationship to the Proposer. the best value which is not always the low price for the best job. 60 If freight, delivery, or shipping is an additional cost to the Shipping for large, bulky or heavy items MES will quote as needed Sourcewell Member, describe in detail the complete freight, separately. shipping, and delivery program. From time to time MES may include shipping as added discount at no charge. When MES ships from our warehouses to get products to customers quickly shipping may be added and at other times drop shipments may have shipping included no charge due to shipping terms with manufacture's. Whatever the fairest and most equitable shipping situation MES will present to each order. MES will present these shipping terms at time of each quote. Hawaii and Alaska orders shipping will be quoted as stated per quote. MES has a very substantial account with Federal Express so MES's rates are very low considering how much volume we ship every year. 61 Specifically describe freight, shipping, and delivery terms or Shipping and or freight to Alaska or Hawaii are quoted per quote. programs available for Alaska, Hawaii, Canada, or any MES is not interested in servicing Canada at this time. MES does offshore delivery. no exporting unless shipped to a Federal/DOD location. 62 Describe any unique distribution and/or delivery methods or Unique distribution that MES offers is our many hubs through out the options offered in your proposal. USA and if we do not have it in stock our relationships with our manufactures are second to none in the industry making MES the effective hammer in the market that we are today. Any special quicker shipping requests can be quoted upon request and MES will do our best to accommodate. MES has a very substantial account with Federal Express so MES's rates are very low considering how much volume we ship every year. Bid Number: RFP 040220 Vendor Name: Municipal Emergency Services Inc DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 Table 12: Pricing Offered Line The Pricing Offered in this Proposal is:* Comments Item 63 b.the same as the Proposer typically offers to GPOs,cooperative procurement organizations,or state purchasing departments. Table 13: Audit and Administrative Fee Line Question Response Item 64 Specifically describe any self-audit process or program that you Within the MES ordering system as mentioned reference plan to employ to verify compliance with your proposed Contract ordering there is a forced tab that must be selected when with Sourcewell. This process includes ensuring that Sourcewell entering a quote to select a contract vehicle. Sourcewell Members obtain the proper pricing, that the Vendor reports all sales being one of those that needs to be selected when quoting under the Contract each quarter, and that the Vendor remits the for that contract if awarded and once selected the sales proper administrative fee to Sourcewell. representative then ensures that the item quoted is getting the sourcewell discounted price per the contract price list or in the case that there is any added discount also as listed to determine if shipping would be included as sometimes is or if needs to be added based on the situation we need to quote shipping. Quarterly a report is pulled by Vice President of Finance and then reviewed by the contract administrator then once review is complete fees are calculated using excel with the formula set to the fee percentage due and then that report is then sent back to the Vice President of Finance for his department's review. Once approved the fee is sent to Sourcewell for the quarterly sales. 65 Identify a proposed administrative fee that you will pay to MES proposes a 1% fee for all sales quarterly. Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member's cost of goods. (See the RFP and template Contract for additional details.) Table 14: Industry Specific Questions Line Question Response* Item 66 If you are awarded a contract, provide a Upon an award MES would survey our sales force to see how the response of the few examples of internal metrics that will membership customers wish to use this contract vehicle to purchase. And MES will be tracked to measure whether you are be tracking success of the use of the contract by its membership when we look at having success with the contract. the quarterly reports to see how much business is completed using this contract after it has had a couple quarters to be promoted both by Sourcewell and by MES. 67 Describe the unique design and feature MES provides the very best that the fire and public safety industry manufacturers attributes of the products and/or equipment have to offer our market. Many of these products are similar however MES takes offered in your proposal. feedback from agencies and gives that back to manufacturers to improve products performance and safety while maintaining safety standards and certifications. MES has had many manufacturers make products just for MES to offer as a result so that MES can provide thermal imaging cameras, gloves, boots, or other products that are better than we normally see in the market. 68 Describe available options for MES offers the full range of options from all of the various manufactures represented customization of the products and/or to customize items within the extent that certifications allow. equipment offered in your proposal. 69 If you provide on-site or in-person sales, Once MES gets an order which involves a need for sizing of any product our service, training, and/or support, explain regional sales force is in contact with the agency membership to schedule sizing. If how those activities are handled and the fitting is needed after delivery MES is again available to help with that as well and unique attributes of your process. any alterations can be ordered or addressed quickly. 70 Describe your compliance with applicable MES has as mentioned in other tabs the largest and most experienced subject national standards for the products and/or matter specialist in the industry for on site sales demo, training and support. Our equipment offered in your proposal, such sales force works closely with the manufactures having many of their folks ride with as: National Fire Protection Association MES sales force to sales calls to demo and service products. This makes MES the (NFPA), Occupational Safety and Health reason we are the first ones agencies call and even though we may not always be Administration (OSHA), and American the lowest price we are the best value in the industry. MES gets it done. National Standards Institute (ANSI). Bid Number: RFP 040220 Vendor Name: Municipal Emergency Services Inc DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Except ores to fer°Irns, Conditions, or S yec those � P , P P P I� � f a.atIlorns that have been accepted by o...IoulYa.ewellll have been Iirncolrlpolrrated1 lirnto the contract text. Documents Ensure your submission document(s)conforms to the following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s)cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1)document for a single item,you should combine the documents into one zipped file. If the zipped file contains more than one (1)document,ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as"Marketing Plan." • Financial Strength and Stability-MES Audited Financials 2018 FS.pdf-Tuesday March 24, 2020 09:25:05 • Marketing Plan/Samples-MES Sourcewell 04022020 Marketing plan.doc-Monday March 30, 2020 17:38:32 • WMBE/MBE/SBE or Related Certificates (optional) • Warranty Information-Sourcewell 0402 Warranty.doc-Monday March 30, 2020 17:38:44 • Pricirig-SW MES PL 04022020.zip-Monday March 30, 2020 17:35:02 • Additional Document-MESWEL-1.PDF-Tuesday March 24, 2020 09:25:15 Bid Number: RFP 040220 Vendor Name: Municipal Emergency Services Inc DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 Proposers Assurance of Comp PROPOSER ASSURANCE OF COMPLIANCE PROPOSER'S AFFIDAVIT The undersigned, authorized representative of the entity submitting the foregoing proposal (the"Proposer"), swears that the following statements are true to the best of his or her knowledge. 1. The Proposer is submitting its proposal under its true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services, all applicable licenses necessary for such delivery to Sourcewell member agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to legally bind the Proposer to the terms in this RFP and any resulting Contract. 2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of Sourcewell, or any person, firm, or corporation under contract with Sourcewell, in an effort to influence the pricing, terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP; and, the Proposer has not participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named solicitation. 3. The contents of the Proposer's proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or agent of the Proposer and will not be communicated to any such persons prior to the official opening of the proposals. 4. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted and included with the Proposer's Proposal. 5. The Proposer will, if awarded a Contract, provide to Sourcewell Members the/products and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer-offered specifications, and with the other documents in this solicitation. 6. The Proposer agrees to deliver products and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract. 7. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 8. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or"nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statute§13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute§13.37 permits only certain narrowly defined data to be considered a"trade secret," and thus nonpublic data under Minnesota's Data Practices Act. The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic, and it agrees to defend and indemnify Sourcewell for reasonable measures that Sourcewell takes to uphold such a data designation. 7 By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Seth Cosans, Contract Administrator, Municipal Emergency Services Inc The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes r. No Bid Number: RFP 040220 Vendor Name: Municipal Emergency Services Inc DocuSign Envelope ID: DF5613A2-C635-443C-8B5B-EFC6186139E4 The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column"I have reviewed this addendum" below to acknowledge each of the addenda. II lhave uraviillevva^n the File Name l ellllIn w aaunnaurn.numurm anu Pages a@fvallhmurmments(liif Ip p IIII Iii ca IIF III e) Addendum_3_Firefighting_Egpt_and_Tools_RFP040220 1 Thu March 19 2020 10:41 AM Addendum_2_Firefighting_Egpt_and_Tools_RFP040220 2 Wed March 4 2020 11:38 AM Addendum_1_Firefighting_Egpt_and_Tools_RFP040220 2 Wed February 19 2020 03:16 PM Bid Number: RFP 040220 Vendor Name: Municipal Emergency Services Inc