Loading...
HomeMy WebLinkAbout20253178Resolution Approve Quote for Purchase of Blackline Air Monitoring Equipment for Hazmat Team Pursuant to Cooperative Purchasing Contract Terms and Conditions Between Sourcewell and Sea -Western, Inc. Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and Whereas, on the 4th day of April, 2024, Sourcewell awarded Sea -Western, Inc., a Cooperative Purchasing Contract, identified as #020124 -SEW, and Whereas, the Weld County Office of Emergency Management desires to purchase equipment, procured through the Sourcewell Cooperative Purchasing Contract Terms and Conditions, and Whereas, Weld County Code Section 5-4-80, Expenditures Not Requiring a Procurement Process, exempts items purchased through current State, Federal, GSA, or other Cooperative Contracts, and Whereas, the Weld County Purchasing Manager deemed Contract #020124 -SEW to be in the best interest of Weld County, with said desired equipment, and Whereas, the Board has been presented with a Quote for the Purchase of Blackline Air Monitoring Equipment for the Hazmat Team pursuant to the Cooperative Purchasing Contract Terms and Conditions between Sourcewell and Sea -Western, Inc., for the amount of $120,942.00, and Whereas, after review, the Board deems it advisable to approve said quote, a copy of which is attached hereto and incorporated herein by reference. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the Quote for the Purchase of Blackline Air Monitoring Equipment for the Hazmat Team pursuant to the Cooperative Purchasing Contract Terms and Conditions between Sourcewell and Sea -Western, Inc., for the amount of $120,942.00, be, and hereby is, approved. cc ;OEM(RR), Pc; R. 11/20/25 2025-3178 EM0021 Quote for Purchase of Blackline Air Monitoring Equipment for Hazmat Team Pursuant to Cooperative Purchasing Contract Terms and Conditions Between Sourcewell and Sea -Western, Inc. Page 2 The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 19th day of November, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro -Tern: Aye Jason S. Maxey: Aye Lynette Peppler: Aye Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 2025-3178 EM0021 yf `71 Office of Emergency Management (OEM) y' 86 ',„ Director: Roy Rudisill 1150 "O" Street PO Box 758 Greeley, CO 80632-0758 Rv'~ COUNTY Phone 970-304-6540 's►. Fax 970-336-7242 www.co.weld.co.us EMERGENCY MANAGEMENT Memo To: Purchasing Department From: Roy Rudisill Date: November 17, 2025 Subject: Blackline Air Monitoring Equipment 2025 SEP Grant Weld County Office of Emergency Management (OEM) is desiring to purchase Air Monitoring Equipment to support the Greeley Hazmat Team and Windsor-Severence Fire Rescue. This request for purchase is a part of the 2025 Special Environmental Project grant from CDPHE. Weld County Code Section 5-4-80 titled Expenditures Not Requiring a Procurement Process. Item 26 in this section identifies "items purchased from current state, federal, GSA or other cooperative contracts" are exempt and may be purchased directly from those sources. OEM recommends the purchase of the air monitoring equipment from Sea Western as detailed in the attached quote, utilizing the Sourcewell Contract#020124-SEW, for a total of 120,942.00 Sincerely Roy Rudisill Director, OEM 2025-3178 IV\ 9 EMouzI BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW PASS-AROUND TITLE: SEP Grant Hazmat Air Monitoring Equipment Purchase DEPARTMENT: Emergency Management DATE: Nov. 10, 2025 PERSON REQUESTING: Roy Rudisill Brief description of the problem/issue: Commissioners, as a part of the SEP Grant we received this summer from CDPHE for the purchase of Air monitoring equipment (Hazmat Team Equipment), I have completed the research on the air monitoring equipment for purchase. This equipment will be for the Greeley Hazmat Team and Windsor-Severance Fire Department. Working with the fire departments we have selected Blackline Air Monitoring equipment. The total cost for the equipment is $120,942.00. Working with the Purchasing Department we were able to find a vendor via the state BID Sourcewell. Attached is the quote from Sea Western for the equipment and it has been vetted by Purchasing. I've also included a copy of the memo for purchasing. I would like to add this item to the Board's agenda to move forward with the purchasing process. What options exist for the Board? Consequences: none Impacts: none Costs (Current Fiscal Year/Ongoing or Subsequent Fiscal Years): Recommendation: Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck Scott K. James Jason S. Maxey Lynette Peppier Kevin D. Ross V A 01ry iY,( Karla Ford From: Kevin Ross Sent: Wednesday, November 12, 2025 9:46 AM To: Karla Ford Subject: Re: Please Reply- SEP Grant- Hazmat Air monitoring equipment Yes Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android From: Karla Ford<kford@weld.gov> Sent:Wednesday, November 12, 2025 8:01:04 AM To: Kevin Ross<kross@weld.gov> Subject: Please Reply-SEP Grant- Hazmat Air monitoring equipment Please advise if you support recommendation and to have department place on the agenda. writaz`. - COUNTY,CO Karla Ford Office Manager& Executive Assistant Board of Weld County Commissioners Desk: 970-400-4200/970-400-4228 P.O. Box 758, 1150 O St., Greeley, CO 80632 013 CD 0 Join Our Team IMPORTANT:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Roy Rudisill<rrudisill@weld.gov> Sent: Monday, November 10, 2025 3:02 PM To:Scott James<sjames@weld.gov> Cc: Karla Ford <kford@weld.gov> Subject:SEP Grant- Hazmat Air monitoring equipment 1 Quote P.O.Box 51, EA\VESTERN Kirkland,WA 98083 ; S Phone:(425)821-5858 Email: info@seawestem.com FIRE FIGHTING EQUIPMENT www•seawestern.com Bill To: Ship"To: Date 09/17/2025 Weld County Office of Emergency Weld County Office of Emergency Management Management Customer No. 1115805 11500St 11500St Greeley,CO 80632 Greeley,CO 80632 Quote No. QUO35761 Sales Rep Attention Delivery FOB Expires Dustin Doan Roy Rudisill 10/31/2025 Pricing valid for listed quantities Returns accepted within 30 days of receipt Restocking fee up to 25%will apply on any non-stock merchandise Custom orders are non-cancellable,non-returnable Unless otherwise noted,pricing does not include shipping 3%credit card processing fee for payments over$2,500 Qty Unit Part Number Description Unit Price Ext. Price 4 EA BLS EXO 8 EXO 8 Purchase Model-Non-Gamma,Telenor Sim,NA2, 7,181.00 28,724.00 LEL-MPS(F),SO2(S), H2S(H),02(0),3 Year Warranty Term,Self-Monitored,3 Year Service Term Part#J-EX8N-01-NA2-000000-FHOS-3Y SXX-3Y 4 EA BLS EXO 8 EXO 8 Purchase Model-Non-Gamma,Telenor Sim,NA2, 7,181.00 28,724.00 LEL-MPS(F),SO2(S), CO(M),02(0),3 Year Warranty Term,Self-Monitored,3 Year Service Term J-EX8N-01-NA2-000000-FMOS-3Y SXX-3Y 8 EA BLS Gas Hazmat#1 (NH3,C12,HCN,PID)Gas Expansion Module 4,211.00 33,688.00 Expansion Module Part#J-EX8-GEM-06-3Y 8 BLS CUSTOM G7 EXO Base(Standoff) 320.00 2,560.00 Part#ACC-G7EXO-STANDOFF 8 BLS CUSTOM G7 EXO Safety Flag for Base(Standoff) 133.00 1,064.00 p/n:ACC-G7EXO-STANDOFFFLAG 8 BLS CUSTOM G7 EXO safety tether 54.00 432.00 p/n:ACC-G7EXO-SC 4 BLS CUSTOM G7 EXO Survey Tripod 959.00 3,836.00 p/n:ACC-G7EXO-TRIPOD Page 1 of 3 P.O. nd51, K EA\VESTERN Kirkland,WA 98083 Phone:(425)821-5858 Email: info@seawestem.com www.seawestem.com FIRE FIGHTING EQUIPMENT Qty Unit Part Number Description Unit Price Ext. Price 1 BLS CUSTOM Accessory,G7EXO,4 pump module 2,243.00 2,243.00 Part#ACC-G7EXO-PUMP 1 BLS CUSTOM G7 EXO,diffusion modifaction kit with open grill and 147.00 147.00 updated gas chamber Part#ACC-G7EXO-DIFFUSION-MOD-KIT 1 BLS CUSTOM G7 EXO Universal Mount 320.00 320.00 Part#ACC-G7EXO-UMK 4 BLS CUSTOM Accessory,Regulator,Demand Flow for use with reactive 430.00 1,720.00 gases(CL2,HCN,NH3,NO2) Part#ACC-DFR-V 4 BLS CUSTOM Accessory,Tygon Tubing, 100ft,0.188"diameter with 73.00 292.00 Quick-Connects p/n:ACC-LDT100 1 BLS CUSTOM Additional device implementation,adding a device to an 0.00 0.00 existing account p/n:SER-ADD 8 EA BLS G7c-3 G7C ER Purchase Model-Diffusion,4 Sensors,LEL-MPS 2,666.00 21,328.00 Year (F),High-Range NH3(B),COSH(D),02(0),NA2, Self-Monitored(no voice),3 Year Term Part#ER-SX-G7C-Q-BDFO-NA2-3Y 1 EA BLS G7 Dock G7 Dock delivers the means to efficiently calibrate,bump 1,000.00 1,000.00 test and charge G7 devices.Never run an Ethernet cable to a docking station again—G7 devices automatically manage bump tests,calibrations and upload data to Blackline Live, powering the live compliance dashboard and Blackline Analytics. 2 EA BLS Demand Demand Flow Regulator 417.00 834.00 Flow Regulator 1 BLS CUSTOM Accessory,Teflon Lined Tubing, l Oft,0.125"diameter with 92.00 92.00 Quick-Connects Part#ACC-FEP-T 10 1 EA BLS 58L 58L Gas Cylinder,25ppm H2S, 100ppm CO,CH4-50% 243.00 243.00 Standard Quad LEL(Methane 2.5%Vol),18%02,N2 Balance Gas Page 2 of 3 Kirkland,WA 98083 SEA\VE ST E Phone:P.O. info@seawestem.com(425)821-5858 ox :1 Emailwww.seawestem.com FIRE FIGHTING EQUIPMENT Qt� t`nit Part \umber Description Unit Price Ext. Price 1 BLS CUSTOM 58L Gas Cylinder,NH3 50 ppm,Balance Air 292.00 292.00 Part#GAS-58L-A-AIR 1 BLS CUSTOM 58L Gas Cylinder,SO2 10 ppm,Balance Air 243.00 243.00 Part#GAS-58L-S-AIR 1 BLS CUSTOM 58L Gas Cylinder,HCN 10 ppm,Balance Air 292.00 292.00 p/n:GAS-58L-N-AIR 1 BLS CUSTOM 58L Gas Cylinder,CL2 5 ppm,Balance Air 243.00 243.00 p/n:GAS-58L-L-AIR Discount Minimum 1%discount off of list per Sourcwell contract -7,375.00 -7,375.00 020124-SEW Total $120,942.00 Page 3 of3 uu..uJIyl I GI IVCIOpe IL).Mr Or I VJ/-YOGV-VOOV-//rCJr I UVJOY 020124-SEW Sourcewell Solicitation Number: #020124 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Sea-Western Inc., 12815 NE 124th St., Suite H, Kirkland, WA 98034 (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 Firefighting Equipment and Rescue Tools with Related Supplies and Accessories from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. EXPIRATION DATE AND EXTENSION. This Contract expires April 4, 2028, unless it is cancelled sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances. B. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES Rev. 3/2022 1 L/utu iyi I Cl IVCIupe IL/.Mr or I O44-uL...)I 0CU-5o0.7-r,rCJr IrL/J04 020124-SEW A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that extends beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier's authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier's responsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. Rev.3/2022 2 L/UUUJIly.1I CI tvetupe IL/./1r Dr IDYY-L/l.'J/-'+OCV-.7D0.'Y//rCJr IFIJJOY 020124-SEW A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; Rev. 3/2022 3 vut,uolyll CI Iu.Mr Or I O.-1-LA...)I-9OCU-UOOJ-1 I rCJr I rvOON 020124-SEW • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference. 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 Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized Rev. 3/2022 4 VUI.UJIIyI I CI IVCIVFIC IV.MI-Or I 1744-V I�JI-4OCU-VDOV-/, CJr I r VJ04 020124-SEW subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier's acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE Rev.3/2022 5 LIUI.UJIy1I CI IVCIlJpe ILI.P\FDF 1044-LJL.. , 0CV'C00.7-I I FLOF If VJO4 020124-SEW A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: • Participating Entity Name (e.g., City of Staples Highway Department); • Participating Entity Physical Street Address; • Participating Entity City; • Participating Entity State/Province; • Participating Entity Zip/Postal Code; • Participating Entity Contact Name; • Participating Entity Contact Email Address; • Participating Entity Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted Rev. 3/2022 6 uuuu. uyii ctivmupe Iu.Mr Dr ID44-UL.Jl-4OC.7-UDO0-I/f CJr I 1-1-,JOY. 020124-SEW price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier's Authorized Representative is the person named in the Supplier's Proposal. If Supplier's Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10.AUDIT,ASSIGNMENT, AMENDMENTS, WAIVER,AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. Rev. 3/2022 7 uOI.U. I II Li Iu MEDI-I Q'-FY-u IiJl-VOL-U-.7U09-//1-CJ1-I 020124-SEW D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties. E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership,joint venture, or any other relationship such as master-servant, or principal-agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell's responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Supplier. Rev. 3/2022 8 vuLu uyll C I IVCIUFJC Iv.MI Dr I O94-1-/l,Jl-Y0CV-VO0.7-/I rCJr Irv:JOY 020124-SEW b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier's trademarks in advertising and promotional materials for the purpose of marketing Supplier's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Neither party may alter the other party's trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's trademarks only in good faith and in a dignified manner consistent with such party's use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services. Rev.3/2022 9 Uul.uJlyl I CI IVCIupe IU.Hror DP*-UIiJ I-NOCU-.7o0.7-1,r COI-I ruu0Y 020124-SEW 14. GOVERNING LAW,JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Rev.3/2022 10 V ul.0 Jlyll CI IVCIlWe IU.MI-Dr IDYY-L./liJI WOC.7-"JDO.7-,I rGJr I rlJJOY 020124-SEW The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers'Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms Rev. 3/2022 11 LJ) uJIylI GI IVCIup1C ILL.,-ror I O41Y'LJ%,JI-4-40C.7-.7000-//rGJr I ruJ0,1 020124-SEW no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer's Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier's professional services required under this Contract. Minimum Limits: $2,000,000 per claim or event $2,000,000—annual aggregate 6. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data —including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Rev.3/2022 12 vul.0 Jlyl I CI IVelOpe IL.i ror I IiJ/-YOC.7-VIDOV-//rCOI-IFVJOY 020124-SEW 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 primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Rev. 3/2022 13 UUI.U. IIJ.I I CI IVCIUpe IL/./Yr OF I I-40CU-y70 -I/rCOI-I rU:JOY 020124-SEW Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of$2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with Rev. 3/2022 14 LJUUUJILyI I CI Ivelupe ILi./1r17r I IZYY'LJI.J I /I IrLJJOY 020124-SEW the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of"funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of$150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Rev. 3/2022 15 UUUUJIIJII LI IVCIUpe IU.P11-UI I UY4-LA..iU LJI II LIJU4 020124-SEW Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and Rev. 3/2022 16 LluuuJlyl I GI I VCIupe IL/./'\r or IUYY-LI I..JI-Y OG.7-VDOJ'/I rCJr Ir VJOY 020124-SEW records of Supplier that are directly pertinent to Supplier's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval. N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier's actions pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. Rev. 3/2022 17 vut u..IyiI CI IV61ui.1C Iv.Mr or 10.44-1-/l.rJ/W0C.7-.700.7-1 I r COI-I rvJOY 020124-SEW R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell Sea-Western Inc. ,.—DocuSigned by: �DocuSigned by: 3VtAitil aYf By: By: • FDIECE510C3143E Jeremy Schwartz Troy Enright Title: Chief Procurement Officer Title: Director of Operations 4/4/2024 1 7:56 AM CDT 4/3/2024 1 8:31 AM CDT Date: Date: • Rev.3/2022 18 u VI,U.�lyll uivciv Flc lU. HI-or I0YY-VVJ/-NOGD-JDOV-f/rGar I rU:1oY RFP 020124 - Firefighting Equipment and Rescue Tools with Related Supplies and Accessories Vendor Details Company Name: Sea-Western Inc 12815 NE 124th St Address: Suite H Kirkland,Washington 98034 Contact: Troy Enright Email: troy@seawestern.com Phone: 360-961-8048 HST#: 91-0998307 Submission Details Created On: Wednesday January 24,2024 09:38:55 Submitted On: Thursday February 01,2024 16:24:30 Submitted By: Troy Enright Email: troy@seawestern.com Transaction#: 2f07e010-6853-4ccc-affe-64dc830445cf Submitter's IP Address: 166.216.158.224 Bid Number: RFP 020124 Vendor Name: Sea-Western Inc IJUUUJIy1 I CI IVCIUpc IV.PPFJF ICYY'IJl'J/-YOC`J-yoOU-//r CJr I ru,o's Specifications Table 1: Proposer Identity&Authorized Representatives General Instructions(applies to all Tables)Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the question does not apply to you (preferably with an explanation). Li item Question Response* 1 Proposer Legal Name (one legal entity only): Sea-Western Inc (In the event of award, will execute the * resulting contract as "Supplier") 2 Identify all subsidiary entities of the Proposer N/A whose equipment, products, or services are * included in the Proposal. 3 Identify all applicable assumed names or DBA N/A names of the Proposer or Proposer's * subsidiaries in Line 1 or Line 2 above. 4 Provide your CAGE code or Unique Entity Cage Code: OJXBO * Identifier (SAM): Unique Entity Identifier: L8QLNQHQN8U4 5 Proposer Physical Address: 12815 NE 124th St Suite H * Kirkland, WA 98034 6 Proposer website address (or addresses): https://seawestem.com/ * 7 Proposer's Authorized Representative (name, Troy Enright - Director of Operations title, address, email address & phone) (The SeaWestern representative must have authority to sign 12815 NE 124th St the "Proposer's Assurance of Compliance" on Suite H * behalf of the Proposer and, in the event of Kirkland, WA 98034 award, will be expected to execute the info@seawestem.com, troy@seawestem.com resulting contract): 425-821-5858 8 Proposer's primary contact for this proposal Troy Enright - Director of Operations (name, title, address, email address & phone): SeaWestern 12815 NE 124th St Suite H * Kirkland, WA 98034 info@seawestem.com, troy@seawestern.com 425-821-5858 9 Proposer's other contacts for this proposal, if Steve Morris - President any (name, title, address, email address & SeaWestern phone): 13126 NE Airport Way Portland, OR 97230 steve@seawestern.com 503-816-4516 Table 2: Company Information and Financial Strength mLi Question (Response* IteBid Number: RFP 020124 Vendor Name: Sea-Western Inc L/UUUJILyII LI IVCIUF/C ILJ.Mr17r I OYY-L/lJJ/ //1-GJ1-I r LIJOY 10 Provide a brief history of your company, SeaWestern is a fire distribution company with its corporate headquarters in including your company's core values, Kirkland, Washington and has been in the fire distribution business in the Western business philosophy, and industry longevity United States for the past 45+ years. Our company was founded by Russ Moms in related to the requested equipment, products 1976 and is currently led by his youngest son, Steve Morris. SeaWestem has been or services. focused on providing the highest level of customer service in the fire distribution industry. The SeaWestern Mission statement is to provide "Quality Products, at a Reasonable Price with Service After the Sale." This focus on service after the sale, has allowed SeaWestern to be highly successful in the Pacific Northwest and the fundamental basis for the recent expansion over the past five (5) years from three (3) states to now serving 11 western states and generating over $42 million in sales in 2023. Many of these sales are through the fulfillment of purchases through contracts to local/municipal and state organizations. To support SeaWestem's increasing geographic service area we have strategically selected warehouse locations to provide our customers not only with superior products but also a high level of support. Our corporate headquarters is located in Kirkland, Washington, and SeaWestem has branch offices in Tacoma, Washington; Portland, Oregon; Las Vegas, Nevada; and Denver, Colorado. SeaWestern is proud to be the distributor of the highest quality products to the fire service, government agencies including state, local and education and public entities. SeaWestern works with over 60 vendors/manufactures which include industry leaders such as 3M/Scott Fire & Safety, Lion PPE & Training, Bauer Compressors, Key Fire Hose, Elkhart Brass Nozzles, Phenix Helmets, Holmatro Rescue Tools, Blowhard Fans, Blackline Safety Gas Detection, Rescue Intellitech Solo washers, Flir Thermal Imaging and more. SeaWestern is focused on building strong partnerships and efficient lines of communication both with our manufacturing partners and the customers we serve to make the acquisition process as efficient and smooth as possible. 11 What are your company's expectations in the With this award SeaWestern looks forward to providing our sales force an important event of an award? tool to further educate our customers on a significant procurement vehicle for fire departments and agencies that may or may not use Sourcewell currently, and/or plan to utilize group purchasing contracts to acquire products and services that meets their needs. This added value will help to address purchasing policy requirements by insuring they are getting a competitive RFP process satisfied, a full line of contracted solutions, national discounted pricing, vetted supplier/distribution sources while minimizing the associated cost of going out to bid / RFP. SeaWestern is prepared to ensure full compliance to the solicitation requirements of the contract. 12 Demonstrate your financial strength and SeaWestern is a stable and growing organization represented by the bank reference stability with meaningful data. This could letter and audited financials from 2023. Please see the attachment "Sea-Western include such items as financial statements, 2023 Financial Statements - FINAL" 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. 13 What is your US market share for the SeaWestern approximates that we currently serve 10-15% of the nationwide market solutions that you are proposing? and 30-35% of the western states market for the solutions proposed. Over the past few years SeaWestern has an approximate current growth rate of 40% per year and * estimates doing business with 50-60% of the western markets we serve in the next couple of years to which these products and services apply. 14 What is your Canadian market share for the N/A solutions that you are proposing? 15 Has your business ever petitioned for No bankruptcy protection? If so, explain in detail. 16 How is your organization best described: is a) SeaWestern is an authorized distributor/dealer/reseller for the manufacturer's it a manufacturer, a distributor/dealer/reseller, products and models represented in this proposal in the regions & territories or a service provider? Answer whichever designated by associated distribution agreements. question (either a) or b) just below) best applies to your organization. As a distributor/dealer for Holmatro Rescue Tools, SeaWestern has authorized / a) If your company is best described as certified service technicians on staff. a distributor/dealer/reseller (or similar entity), provide your written authorization to act as a All SeaWestem staff and representatives are employees, and we are an distributor/dealer/reseller for the manufacturer independent dealer. Please see written authorizations attached under: Dist & Sery of the products proposed in this RFP. If Certs_Agreements_Catalogs_Manuals (Zip Folder) 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? Bid Number: RFP 020124 Vendor Name: Sea-Western Inc ouuuolyil CI Iveiupe IL).HI DI-I OYH-IJIJJI-40CU-tOOL-I I f CJI I I IJJO`t 17 If applicable, provide a detailed explanation SeaWestern holds business licenses in the 11 western states it conducts business outlining the licenses and certifications that 'in. SeaWestern is an authorized reseller for Key Hose, Elkhart Brass, 3M Scott, are both required to be held, and actually Blowhard Fans, Holmatro, Teledyne FLIR, Blackline Safety, Rescue Intellitech SOLO held, by your organization (including third Rescue Washers, Circul-Air Corp, Junkyard Dog Rescue Struts, Chemguard Foam, parties and subcontractors that you use) in Leatherhead Tools, Fire Hooks Unlimited, and Redhead Brass, and as applicable all pursuit of the business contemplated by this these related products and equipment adhering to National Fire Protection RFP. Association (NFPA), National Institute for Occupational Safety and Health (NIOSH), American National Standards Institute (ANSI) and Department of Transportation (DOT) standards. Not specific to this proposal SeaWestern is a certified 3M SCOTT Fire & Safety 5-Star Service Center and a Bauer Compressor Authorized Service Provider. SeaWestern also provides in-house Hydrostatic testing of • breathing air cylinders. 18 Provide all "Suspension or Debarment" N/A — SeaWestern has not been suspended or disbarred from participating in any information that has applied to your solicitation. organization during the past ten years. Table 3: Industry Recognition & Marketplace Success Line Question Response Item 19 Describe any relevant industry awards or SeaWestern has won a number of sales achievements and associated awards over recognition that your company has received the past 30 years. Most recently SeaWestern was named LION Dealer of the Year in the past five years for 2021 & 2023, and continues to be a Bauer Compressors Top Ten Partner for over the past decade, both top industry distinctions. SeaWestern is one of the few distributors in the nation that is a certified 3M Scott Fire & Safety 5 Star Service Center. 20 What percentage of your sales are to the SeaWestern estimates that approximately 98%+ of sales have been to the governmental sector in the past three years governmental sector in the past three years. 21 What percentage of your sales are to the SeaWestern estimates that approximately 2% or less of sales have been to the education sector in the past three years education and private sector in the past three years. 22 List any state, provincial, or cooperative Turnout & PPE Contracts: purchasing contracts that you hold. What is Puget Sound Fire Authority ILA approximately $12M in past 3 years the annual sales volume for each of these Portland Fire Dept. approximately $1.5M in past 3 years contracts over the past three years? Grand Junction Fire Dept. approximately $925k in past 2 years Denver Fire Dept. approximately $390k in past year Poudre Fire Dept. approximately $250k in past year North Las Vegas Fire Dept. approximately $170k in past year Colorado Division of Fire Protection and Control - $185k in past 2 years Thermal Imaging Camera: Tualatin Valley Fire & Rescue ILA approximately $375K in past 3 years Portland Fire Dept. approximately $225k in past 3 years 3M/Scott HGAC (Houston-Galveston Area Council) contact sales over the last 3 Years - $8.25M Bauer NPPGov contract sales over the last 3 Years - $3.65M 23 List any GSA contracts or Standing Offers Currently SeaWestern does not hold any GSA contracts, Standing Offers and and Supply Arrangements (SOSA) that you Supply Arrangement. hold. What is the annual sales volume for each of these contracts over the past three years? Table 4: References/Testimonials Line Item 24. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name' Contact Name* Phone Number* Portland Fire & Rescue Bill Goforth - Deputy Chief of Logistics 503-823-4558 Central Pierce Fire and Rescue Radcliffe McKenzie - Assist Chief of Safety 253-538-6533 North Las Vegas Fire Department Scott Schuster - Fire Logistics Officer 702-669-3343 ` Bid Number: RFP 020124 Vendor Name: Sea-Western Inc vuL,uoiyII CI Iveuupe Iv.P1r1Jr IIDYY-v1�J/-40C.7-.7D0.7-//rLJr IrvJOY Table 5: Top Five Government or Education Customers Line Item 25. Provide a list of your top five government, education, or non-profit customers(entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Entity Name Entity Type* State * Years Scope of Work* Size of Transactions* Dollar*Volume Past Three Province Seattle Fire Government Washington- SeaWestern supports the Size of transactions come $4.2 million Department WA department with Turnouts, PPE, in various amounts Helmets, Leather Fronts, Bauer including under $100, but * Compressors, Thermal Imaging typically range anywhere Cameras and Scott SCBA. from $10k to $1M. Tualatin Valley Government Oregon-OR SeaWestem supports the Size of transactions come $3.5 million Fire & Rescue department with Turnouts, PPE, in various amounts Hoods, Gloves, Boots, including under $100, but Stationwear, Fans, Bauer typically range anywhere * Compressors, Hose & Nozzles, from $5k to $2M. Thermal Imaging Cameras, Scott SCBAs and Service. Portland Fire Government Oregon-OR SeaWestern supports the Size of transactions come $2.1 million & Rescue department with Tumouts, PPE, in various amounts Hoods, Gloves, Boots, including under $100, but Stationwear, Fans, Bauer typically range anywhere * Compressors, SOLO Washers, from $5k to $250k. Thermal Imaging Cameras, Scott SCBAs and Service. Tacoma Fire Government Washington- SeaWestern supports the Size of transactions come $2 million Department WA department with Turnouts, in various amounts Stationwear, Boots, Gloves, Hose including under $100, but & Nozzles, Thermal Imaging typically range anywhere Cameras and Wildland. from $1k to $200k. Central Pierce Government Washington- SeaWestern supports the Size of transactions come $1.8 million Fire & Rescue WA department with Turnouts, in various amounts Stationwear, Response Gear, including under $100, but Helmets, Gloves, Boots, Thermal typically range anywhere Imaging Cameras, Hose & from $1k to $225k. Nozzles, Wildland, Bauer Compressors and Service. Table 6: Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers,the number of workers(full-time equivalents)involved in each sector,whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. LLinrne Question Response* Ite 26 Sales force. SeaWestern currently has 43 members of our team of which 41 are full-time employees of which two (2) are part time, one (1) in sales and one (1) in service. SeaWestern has six (6) members in management roles, 17 sales professionals, six (6) members in administrative sales and service support roles, and 14 in service * technician roles. SeaWestern's sales force has representatives in all 11 western states that we directly serve with the exception of California (transition) and Wyoming as rep resides in Colorado. Bid Number: RFP 020124 Vendor Name: Sea-Western Inc L AJUUJIyI I Cnvciupe IU.MI-Or I 1744-IJI,J/-40CV-Uoo`J-!(rCJr I V VJo4 27 Dealer network or other distribution SeaWestern works with Direct Sales Representatives (DSR) of manufacturers and methods. independent manufacturers' representative firms to provide additional direct to customer support. As an example, SeaWestern works closely with Shur-Sales, a multi-divisional independent manufacturers' representative firm that has a sales force in the Industrial Safety Equipment and Fire-Fighting Equipment marketplaces. Each division has a dedicated sales force, focusing on their specific markets to support SeaWestern with represented manufacturer products in designated territories. Shur-Sales & Marketing Industrial Safety Team territory includes; Colorado, Montana, Wyoming, Idaho, Utah, New Mexico, North-Western Nevada, Kansas, Nebraska, Missouri, and Southern Illinois. The Shur-Sales Fire Service Team territory includes Colorado, Montana, Wyoming, Idaho, Utah, Arizona, Nevada, Washington, Oregon, California, El Paso, Texas, Hawaii, and Alaska. 28 Service force. SeaWestern service personnel members are a combination of 3M Scott Fire & Safety, Bauer Compressor and Holmatro certified technicians (2). We have 14 service technicians located throughout our territory designations which includes 10 mobile service technicians, and four (4) in-house service technicians at out office locations in Kirkland WA, Portland OR, Las Vegas NV, and Denver CO. 29 Describe the ordering process. If orders Often SeaWestern provides our customers with a quote for review. When will be handled by distributors, dealers or SeaWestern receives authorization (verbal, written or purchase order) from the others, explain the respective roles of the participating customers entities to place an order, SeaWestern then enters the order Proposer and others. for product and / or services through our NetSuite automated ERP system. Customers can also place orders online via our SeaWestern website. Orders are * then fulfilled from SeaWestern inventory and / or a Purchased Order is placed to a manufacturer / supplier which may or may not drop ship directly to customers. Once an order has been fulfilled, either a receipt is sent for credit card orders, or an invoice is sent to the customer with Net30 terms to remit payment. 30 Describe in detail the process and SeaWestern understands that delivery, in addition to quality and price, matters. With procedure of your customer service that in mind, we strive to keep a large inventory of the items our customers want on program, if applicable. Include your our shelves. We ship all orders received by 1pm the same day. Being centrally response-time capabilities and located means next-day delivery for most of our customers. In addition, we stock a commitments, as well as any incentives large volume of sought-after merchandise, which enables us to obtain some very that help your providers meet your stated attractive volume pricing from our manufacturers; value that we gladly pass along to service goals or promises. our customers in the form of reasonable prices. We work hard on our customer's behalf to secure the very best pricing. SeaWestern recognizes that in today's world, we all have a lot of tasks competing for our time. With that in mind, SeaWestern employs a full-time, factory-certified mobile technician available to provide maintenance on your 3M Scott SCBA's and/or air system needs (compressor, fill stations, etc) right at your station! SeaWestern's commitment to Service after the Sale is further supported by an in- house 3M Scott 5-Star Certified repair center which offers fast turn-around on the repair of 3M Scott SCBA's, flow testing and hydrostatic testing. In valuing our customer's time, we strive to have a knowledgeable outside sales staff and inside customer service staff; so the customer's call is handled with the first inquiry. We back up that commitment by providing product training seminars for our staff at regular intervals and opportunities for factory-provided training. SeaWestern's headquarters is located in Kirkland, WA and the standard hours of operation are Monday through Friday from 7:30am — 5pm PST. However, SeaWestern territory sales representatives and mobile service technicians may provide extended hours based upon geographical location and customer agreement. A SeaWestern representative can be reached by phone at 1-800-327-5312 or by email at info@seawestern.com. During the business day we strive to return messages within a couple hours and provide next business day turnaround on phone and email inquiries outside of normal business hours. The local SeaWestern sales representative and mobile service technician will provide their contact information directly to customers they serve in case of emergencies outside typical operating hours. For emergency work outside of regularly scheduled service SeaWestern makes every effort to address within 48 hours during the business week. 31 Describe your ability and willingness to In combination with the broad products and services it provides, SeaWestern looks provide your products and services to forward to a Sourcewell award to better serve our customers in our designated Sourcewell participating entities in the territories by providing the additional value of a government entity / purchasing vehicle United States. for the ease and security of acquisition. With SeaWestem's growing territory and ` sales team, we look to increase Sourcewell contract utilization as we have the personnel, infrastructure, processes, and capacity to implement effectively and adhere to the contact terms and conditions set forth. Bid Number: RFP 020124 Vendor Name: Sea-Western Inc vu,u iyii cuiveiupe Iv.Mr Dr IOYY-vIiJ -90 Cy-UDOD-//rCar IrUJOY 32 Describe your ability and willingness to N/A - SeaWestern only conducts business domestically in the western United States. provide your products and services to * Sourcewell participating entities in Canada. 33 Identify any geographic areas of the United Based on our current manufacturer territory agreements, SeaWestem does not serve States or Canada that you will NOT be beyond Colorado in the central to eastern regions of United States nor any part of fully serving through the proposed contract. Canada. SeaWestem conducts in-person business with our fire service customers in * 11 western states, including Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, Oregon, Utah, Washington and Wyoming. 34 Identify any Sourcewell participating entity At this time the only limiting factor to NOT fully serving participating entity sectors sectors (i.e., government, education, not-for- (i.e., government, education, not-for-profit, etc) would be due to regional presence. No profit) that you will NOT be fully serving other cooperative purchasing contracts or agreements limit our ability to promote through the proposed contract. Explain in another contract. * detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 35 Define any specific contract requirements SeaWestern does not currently serve Hawaii or other US Territories. Due to the or restrictions that would apply to our potential complexity of logistics to remote locations in Alaska, SeaWestern will * participating entities in Hawaii and Alaska provide a quote for shipping/transportation before customer acquisition. and in US Territories. Table 7: Marketing Plan ILtrem Question Response* 36 Describe your marketing strategy for SeaWestern looks forward to further educating our sales force by providing Sourcewell promoting this contract opportunity. contract details, resources and play book to promote to current and new customers Upload representative samples of your simplifying administrative tasks and offering them discounted pricing. marketing materials (if applicable) in the document upload section of your SeaWestern will also market to all potential customer entities by utilizing promotional tools response. via online, email and print materials, immediately announcing the Sourcewell award on these mediums. SeaWestern has a boots on the ground model with direct Sales Reps visiting fire departments on an ongoing basis. Our sales reps have strong relationships with fire service departments that in some cases goes back decades. SeaWestern * participates in trade shows and conferences across the western region (approx. 15-20 per year), and incorporates logo pop-up & wall banners, table cloths, rugs, brochures and complimentary marketing items. SeaWestern puts out an annual catalog of our product and service offerings and also maintains a marketplace website providing contract and product information allowing customers to place online orders via the website. Please see attached examples: Marketing Plan (Zip Folder) 37 Describe your use of technology and SeaWestern understands that we live in a digital age where technology and data greatly digital data (e.g., social media, impact the marketing of one's brand, products and services. SeaWestern uses metadata metadata usage) to enhance to enhance marketing effectiveness and utilizes social media such as Facebook and marketing effectiveness. Linkedln to network with agencies and increase promotion. In addition, SeaWestem * promotes its products and services through several 3rd party online outlets such as Daily Dispatch. A few years ago, SeaWestern moved to an Oracle Netsuite (ERP) platform to handle administration functions for our business providing an increased technological integration providing a suite of tools and reporting functions measuring our success rates. 38 In your view, what is Sourcewell's role SeaWestern sees Sourcewell listing the awarded dealers contact and contract information in promoting contracts arising out of on the website, public disclosures and marketing material including email blasts. this RFP? How will you integrate a SeaWestern is familiar with promoting similar contracts such as HGAC, and NPPGov, and Sourcewell-awarded contract into your comfortable navigating these platforms and adhering to terms. SeaWestern will integrate * sales process? Sourcewell contract and marketing tools into ongoing Sales Meetings and Trainings to provide a high level of knowledge to our Sales force and support teams in an effort to increase contract sales. 39 Are your products or services Yes, we have e-commerce through our website www.seawestem.com where govemment, available through an e-procurement education and related customer entities can place marketplace transactions and inquire on ordering process? If so, describe your products and services. Govemment and education customers use the website to easily e-procurement system and how identify featured brands and search through its categorized product groups with detailed * governmental and educational descriptions, pricing and features such as "Quick Shop" or "Chose Options" and customers have used it. searchable filters such as, brand, best sellers, etc. Customers can find their local sales support through the "Locate a Sales Rep" interactive territory map. Table 8: Value-Added Attributes Bid Number: RFP 020124 Vendor Name: Sea-Western Inc Uul.u.71y1 I CI IVCIupC IU.I'1r Cr I ID‘Y-UVJ/-YOCC-COOJ-//rGJr I r UJOY Line Question Response* Rem 40 Describe any product, equipment, SeaWestem Sales representatives offer in-person product demonstrations and no charge in- maintenance, or operator training service operator training on purchased products such as Holmatro Rescue Tools, Solo programs that you offer to Washers and similar equipment. SeaWestem occasionally hosts manufactures partners to Sourcewell participating entities. provide informational and product training seminars to customers at no-cost. Often upon Include details, such as whether coordination with the customer our reps will also assist them with unboxing and recording of training is standard or optional, product receipt into their records at no charge. SeaWestern does charge a fee for Solo who provides training, and any Washer and Circul-Air Equipment set-up that may include connecting components and costs that apply. providing additional small items during installation. 41 Describe any technological Local SeaWestern Sales Representatives are well versed on the latest technology in the advances that your proposed market and carry a wide assortment of current products for hands on demonstration to products or services offer. customers. SeaWestem represents the highest quality products and market leaders, for example: Holmatro Resue Tools with multi-tool functionality increased durability, reduced weight and innovation battery technology. Blackline Safety with its innovation gas detection technology and industry leading connectivity and monitoring systems. For more information, please see attached product catalogs. 42 Describe any "green" initiatives SeaWestem realizes with increasing growth comes increasing inputs into the world. It is that relate to your company or to our goal to progressively move our organization in policy and process toward a more your products or services, and renewable economic model that avoids depletion of resources and increases Triple Bottom include a list of the certifying Line value. We address environmental, economic and social goals through reduce/reuse, agency for each. stakeholder engagement/strategic planning, and job creation for a diverse workforce which all add to the goals of Sustainability. Our management team includes our Director of Operations who has experience and education in the field, holding a Bachelor of Applied Science in Sustainable Practices. In 2019 SeaWestern transitioned its business administration and data completely to the cloud moving from a small business with an analog model and paper heavy environment to a more streamlined digital infrastructure, by implementing full a service ERP system and electronic record management to reduce the amount of paper used. Whenever possible SeaWestern looks to reuse and repurpose materials and equipment. This includes but is not limited to box /packaging materials, storage/fumiture, and refurbished tools such as breathing air compressors and steel cylinders. We try to minimize hazardous materials and use local agencies to properly dispose of them. In addition to our current paper/cardboard recycling we are in the process of implementing a more robust recycling and compost program to include other clean recyclables, food waste and paper products (compostable ware, paper towels etc.) that cannot be recycled. To decrease energy consumption, SeaWestern looks for more energy efficient equipment when upgrading (computer etc.) and identifies efficient shipping & bundle methodologies to reduce trips. SeaWestern management works on strategic and sustainable growth strategies to increase economic opportunity and job creation on a regional level. We take a consultative approach with our customers to provide added value before, during and after the acquisition process to ensure a smooth delivery and retum on investment during ownership. SeaWestern works closely with our partners and product manufacturers through cooperative planning on operational procedures to increase logistical efficiencies which include growing localized distribution. Specifically in relation to this project, SeaWestern's partner 3M/Scott has a comprehensive Sustainability / ESG strategy that encompasses Environmental, Social and Governance detailed through highlights, metrics and Global impact reporting which can be found here https://www.3m.com/3M/en_US/sustainability-us/ 43 Identify any third-party issued eco- N/A — As SeaWestem is a distributor/dealer/reseller, these ratings and certifications would labels, ratings or certifications that be at the manufacturer level. your company has received for the equipment or products Please see the attached product catalogs under: Dist & Sery included in your Proposal related Certs_Agreements_Catalogs_Manuals (Zip Folder) to energy efficiency or conservation, life-cycle design (cradle-to-cradle), or other green/sustainability factors. 44 Describe any Women or Minority 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. Bid Number: RFP 020124 Vendor Name: Sea-Western Inc uulu,,iyi CI ivelupe lu.hlror IOYY-u VJ/-YOL -IDO J I/rCJr I IJUOY 45 I What unique attributes does your SeaWestern is a family owned and operated company with over four decades of company, your products, or your experience serving the fire service. SeaWestern prides itself on building relationships with services offer to Sourcewell the department personnel - like a family, SeaWestern is there when you need us. Our participating entities? What makes mission is to provide Quality Products at a Reasonable Price with Service After the Sale. your proposed solutions unique in your industry as it applies to The SeaWestern family began 45+ years ago with the vision of Russell E. Morris. It Sourcewell participating entities? continues today with Steve, running the company. SeaWestern partners with the very best manufacturers to provide quality products to its customers. SeaWestem is proud to represent quality manufacturers such as 3M Scott Fire & Safety SCBA's and TIC's, LION Turnout Gear and Station Wear, BAUER Compressors, HAIX Leather Boots, Elkhart Brass, Key Fire Hose, Holmatro Rescue Tools, Blackline Safety Gas Detection, BlowHard Fans, Red Head Brass, ZICO, and more. We align ourselves with manufacturers that pride themselves on having innovative products that exceed the NFPA standards. In today's world, SeaWestem understands that delivery, in addition to quality and price, matters. With that in mind, we strive to keep a large inventory of the items our customers want on our shelves. We ship all orders received by 1pm the same day. Being centrally located means next day delivery for most of our customers. In addition, we stock a large volume of sought-after merchandise, which enables us to obtain some very attractive volume pricing from our manufacturers; value that we gladly pass along to our customers in the form of reasonable prices. We work hard on our customers' behalf to secure the very best pricing. SeaWestem recognizes that in today's world, we all have a lot of tasks competing for our time. With that in mind, SeaWestern employs full-time, factory-certified mobile technicians available to provide maintenance on your equipment. SeaWestern's commitment to Service after the Sale is further supported by an in-house 3M Scott certified repair center which offers fast turn-around on the repair of 3M Scott SCBA's, flow testing and hydrostatic testing (*Kirkland and Portland locations). In valuing our customer's time, we strive to have a knowledgeable outside sales staff and inside customer service staff; so the customer's call is handled with the first inquiry. We back up that commitment by providing product training seminars for our staff at regular intervals and opportunities for manufacturer provided training. Bid Number: RFP 020124 Vendor Name: Sea-Western Inc L/uL:UJII,I I CI IvCIuiie IL).P1ror IpYY-LJI,J/-YOC.7-VCO2-I/I-CJ!-I FL)JOY 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 46 Do your warranties cover all products, parts, and As SeaWestern is a distributor/reseller, warranties fall under the labor? manufacturers for the specific products as each will have different warranty * terms. SeaWestern warranties all service labor performed to insure a high level of customer support. 47 Do your warranties impose usage restrictions or Misuse restrictions would apply. However, SeaWestem advocates for its other limitations that adversely affect coverage? customers and works with its manufacturer partners on best outcomes. Please see manufacturer's warranties attached under: Warranty Info (Zip Folder) 48 Do your warranties cover the expense of SeaWestern warranties the service work performed by our service technicians' travel time and mileage to perform technicians but does not provide product warranty which falls under the warranty repairs? manufacturer. Where stated by manufacturer's standard warranty travel time * and mileage will be covered. However, this is a rare exception, and typically they are not covered, in such instances the service issue will be handled case by case. 49 Are there any geographic regions of the United Based on our current manufacturer territory agreements, SeaWestern does States or Canada (as applicable) for which you not serve beyond Colorado in the central to eastern regions of United cannot provide a certified technician to perform States nor any part of Canada. SeaWestern currently provides a certified warranty repairs? How will Sourcewell technician to perform warranty repairs to the territories / states we are participating entities in these regions be provided authorized to sell in based on the manufacturer. service for warranty repair? * SeaWestem conducts in-person business with 11 western states, including Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, Oregon, Utah, Washington and Wyoming. SeaWestem does not directly conduct business in Canada. 50 Will you cover warranty service for items made by As SeaWestern is an authorized service provider for 3M Scott and Holmatro other manufacturers that are part of your proposal, our certified technicians can carry out manufacturer warranty related service or are these warranties issues typically passed on requests. For other products within this scope, SeaWestern will work with to the original equipment manufacturer? our partners to identify what warranties and service will be passed on to them as vendors / manufacturers. 51 What are your proposed exchange and return SeaWestern will except returns of new unused products with original programs and policies? packaging within 30 days of receipt. Customized items are nonreturnable. * Exchanges are handled on a case-by-case basis. 52 Describe any service contract options for the SeaWestern provides several service contract options for the products we items included in your proposal. offer. For the purpose of this scope, we can provide service plans for Holmatro Rescue Tools that vary from one (1) to five (5) years. * Please see example service contract attached under: Dist & Sery Certs_Agreements_Catalogs_Manuals (Zip Folder) Bid Number: RFP 020124 Vendor Name: Sea-Western Inc L/uL,uJlyl I O IVCIUF1C IV.Mror IDYY-Ll IiJI-YOGV-V000-/I I-GJr IrUJOY Table 10: Payment Terms and Financing Options mLi Question Responseite 53 Describe your payment terms and accepted payment SeaWestern has Net 30 terms and payment can be remitted by methods. check, ACH, credit card, and wire transfer. 54 Describe any leasing or financing options available for use For leasing and financing options SeaWestern refers customers by educational or govemmental entities. entities to: Blake J. Kaus Vice President & Director of Leasing Community Leasing Partners 215 S. Seth Child Road Manhattan, KS 66502 * Division of Community First National Bank — Member FDIC https://www.clpusa.net P: 888.777.7850 M: 785.313.3154 F: 888.777.7875 E: blakekaus@clpusa.net 55 Describe any standard transaction documents that you SeaWestern utilizes Quotes, Sales Orders with Standard Terms & propose to use in connection with an awarded contract Conditions and Service Agreements in connection with an awarded (order forms, terms and conditions, service level contract. agreements, etc.). Upload a sample of each (as applicable) in the document upload section of your Please see examples attached under: Standard Transaction response. Documents (Zip Folder) 56 Do you accept the P-card procurement and payment SeaWestern accepts credit cards and charges a 3% processing fee process? If so, is there any additional cost to Sourcewell on orders over $2,500. participating entities for using this process? Bid Number: RFP 020124 Vendor Name: Sea-Western Inc uul.0 JIyI I CI IVCIVFIC Iv.MrOF IOYY-VIiJ/-YOCC-COOV-//rCJr I ruuoY Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP,the template Contract, and the Sourcewell Price and Product Change Request Form. Line Question Response' item 57 Describe your pricing model (e.g., line-item discounts or SeaWestern will provide List/MSRP price sheets from the product-category discounts). Provide detailed pricing data manufacturers and will provide a discount off of List/MSRP as the (including standard or list pricing and the Sourcewell Sourcewell price. discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If Please see list pricing and discount attached under: Pricing_ (Zip applicable, provide a SKU for each item in your proposal. Folder). Upload your pricing materials (if applicable) in the document upload section of your response. 58 Quantify the pricing discount represented by the pricing Pricing will vary depending on the vendor. See attachment proposal in this response. For example, if the pricing in titled "Sourcewell Discount Structure" for a breakdown of the your response represents a percentage discount from discounts offered. MSRP or list, state the percentage or percentage range. 59 Describe any quantity or volume discounts or rebate SeaWestern provides our best pricing based on overall business programs that you offer. and cost structures. Any additional volume discounts would be based on promotional pricing on a case-by-case basis. 60 Propose a method of facilitating "sourced" products or For customer entities requesting "open market" or "non- related services, which may be referred to as "open standard," "sourced" products or related services not found on market" items or "nonstandard options". For example, you contract, a SeaWestern quote will be supplied upon request. may supply such items "at cost" or "at cost plus a percentage," or you may supply a quote for each such request. 61 Identify any element of the total cost of acquisition that is When applicable SeaWestern provides product in-service training at NOT included in the pricing submitted with your response. no cost. This includes all additional charges associated with a purchase that are not directly identified as freight or For the acquisition of 3M Scott products there are no additional shipping charges. For example, list costs for items like pre- charges. delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such For the acquisition of other related products within this scope there costs and their relationship to the Proposer. may be additional setup fees which varies depending on the type of product and equipment to be connected and location of setup. The customer entity is responsible for delivery receipt of equipment its final placement, and any associated electrical supply & hook up necessary. 62 If freight, delivery, or shipping is an additional cost to the Direct to customer dropship freight is included at no additional Sourcewell participating entity, describe in detail the charge for 3M Scott products. complete freight, shipping, and delivery program. For all other products and equipment freight is quoted on a case-by- case basis dependent on location and customer requested accommodation. Approximate best method shipping costs are determined by utilizing associated carrier freight calculators and are listed separately on associated quotes. 63 Specifically describe freight, shipping, and delivery terms or For 3M/Scott products freight is included at no additional charge to programs available for Alaska, Hawaii, Canada, or any Alaska. We do not currently sell to Hawaii or Canada. offshore delivery. For all other products and equipment freight is quoted on a case-by- * case basis to Alaska (remote locations). We do not currently sell to Hawaii or Canada. 64 Describe any unique distribution and/or delivery methods or SeaWestern has four (4) brick and mortar locations across the options offered in your proposal. western states, that include Kirkland, WA; Portland, OR; Las Vegas, NV; and Denver, CO; that carry varying degrees of inventory to help minimize turnaround time and associated costs. SeaWestern works with a number of national, regional and local carriers to facilitate the best low-cost option based on capacity and location service. As SeaWestern Sales reps frequent departments to provide a high level of service we are often able to hand deliver products to further mitigate costs to the customer. Bid Number: RFP 020124 Vendor Name: Sea-Western Inc uul.0 JIyII CI IVCIupJC IV.P1r Or IOYY-LIVJ I-Y OC.7-JOO.'7-/I rCOI-IrLJuOY Table 12: Pricing Offered mLi The Pricing Offered in this Proposal is:" Comments Ite65 b.the same as the Proposer typically offers to GPOs,cooperative procurement organizations,or state purchasing departments. Table 13: Audit and Administrative Fee kLem Question Response* 66 Specifically describe any self-audit process or program that you As applicable, SeaWestern will check a box in the NetSuite plan to employ to verify compliance with your proposed Contract system on the Quote/Sales Order specifying a Sourcewell with Sourcewell. This process includes ensuring that Sourcewell contract purchase and note the contract number and participating entities obtain the proper pricing, that the Vendor participating customer entity number in the associated field. reports all sales under the Contract each quarter, and that the SeaWestern has a designated team assigned to managing Vendor remits the proper administrative fee to Sourcewell. Provide our sales through the various cooperative purchase sufficient detail to support your ability to report quarterly sales to agreements we currently utilize. Contract orders will be Sourcewell as described in the Contract template. reviewed by two parties for accuracy and compliance. Management will review the quarterly report to ensure it adheres to the terms in the Sourcewell contract. 67 If you are awarded a contract, provide a few examples of internal If awarded SeaWestem will utilize monthly, quarterly, and year- metrics that will be tracked to measure whether you are having on-year sale data of the products included on the contract, success with the contract. and conversion rate of quotes done with contract pricing ` versus those without contract pricing to measure success with the contract. 68 Identify a proposed administrative fee that you will pay to SeaWestern proposes to pay Sourcewell a 1% administrative Sourcewell for facilitating, managing, and promoting the Sourcewell fee for related quarterly contract sales. 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.) Bid Number: RFP 020124 Vendor Name: Sea-Western Inc uUI.0 JIIJ.I I CI IVCIUpC Iu.,- 17r OYY-L, /-YOL -,OOV-/I rCJI-Ir IJUO, Table 14A: Depth and Breadth of Offered Equipment Products and Services Line Question Response* Item 69 Provide a detailed description of the SeaWestern is pleased to offer Sourcewell customers high quality Firefighting equipment, products, and services that you Equipment and Rescue Tools with Related Supplies and Accessories which includes: are offering in your proposal. Key Hose - Fire, Municipal & Industrial Hose Elkhart Brass - Fire Nozzles, Tools & Equipment, Municipal & Industrial Fittings Red Head Brass - Fire Hose Adapters, Couplings, Fittings, and Tools Fol-Da-Tank - Portable Water Storage Tanks Blackline Safety - Gas Detection and Connected Safety BlowHard - Positive Pressure Ventilation (PPV) Fans Holmatro - Hydraulic Fire Rescue Tools, Struts and Industrial Equipment Junkyard Dog Industries - Rescue Vehicle Struts Teledyne FLIR - Thermal Imaging Cameras 3M/SCOTT - Thermal Imaging Cameras Rescue Intellitech Solo Rescue - Decon Washer Circul-Air - Hose Washers & Drying, Fire Equipment Storage Chemguard -Fire Suppression Foam, Systems, Mobile Equipment and Hardware Fire Innovations - Belts/Harnesses, Bailout/Search Systems, Rescue & Wildland Equipment Leatherhead Tools - Fire and Rescue Tools Fire Hooks Unlimited - Fire & Rescue Tools, and Emergency Service Equipment SeaWestern has certified 3M/Scott, Bauer and Holmatro in-house and mobile service technicians. SeaWestern technicians are also trained for basic onsite service of the BlowHard Fans and Solo Decon Washer installations. Whenever possible SeaWestern works with its vendor partners to provide customer service and onsite support of the products and equipment offerings. 70 Within this RFP category there may be Subcategories related to Firefighting Equipment and Rescue Tools with Related subcategories of solutions. List subcategory Supplies and Accessories include: titles that best describe your products and services. Firefighting Suppression & Water Flow Equipment: - Key Hose, Elkhart Brass, Fol-Da-Tank, Red Head Brass, Chemguard Foam Fire Pumps, Skid Units, and Compressed Air Foam Systems (CAFS): - None at this time. SeaWestem Fire Apparatus Inc. (In process TBD) Firefighting Attack, Ventilation and Rescue Tools: - BlowHard Fans, Holmatro Thermal imaging and similar Situational Awareness Equipment: - Teledyne FLIR, 3M/SCOTT * Extrication Tools and Equipment: Holmatro, Junkyard Dog Struts, Fire Hooks Unlimited, Leatherhead Tools Technical, Vertical, Trench, and Confined Space Rescue Equipment: - Fire Innovations, Holmatro OmniShore/Struts, Hazardous Materials (HazMat) Response Equipment: - Blackline Safety Wildland Firefighting Equipment and Upfits for Vehicles, ATV/UTVs: - KeyHose, Elkhart Brass, SeaWestem Fire Apparatus Inc. Related Tools and Accessories complementary offerings: - Solo, Circul-Air, Red Head Brass, Leatherhead tools, Fire Hooks Unlimited Bid Number: RFP 020124 Vendor Name: Sea-Western Inc LJu..0 II-f.11 CI IVCIupe ILJ.HI-or IOYY-V..J/-YOCJ-UoO.7-I I I-Car IrLJ.JOY Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Line Item Category or Type Offered* Comments 71 Equipment, tools, supplies, and accessories used ra Yes Key Hose, Elkhart Brass, Fol-Da- for all types of fire and rescue service, including r No Tank, Red Head Brass, Chemguard structural firefighting, wildland firefighting, vehicle Foam, SeaWestern Fire Apparatus extrication, technical rescue, vehicle and aircraft Inc, BlowHard Fans, Holmatro, rescue, HazMat, and EMS Teledyne FLIR, 3M/SCOTT, Holmatro, Junkyard Dog Struts, Fire Hooks Unlimited, Leatherhead Tools, Fire Innovations, Blackline Safety, Rescue Intellitech Solo, Circul-Air 72 Firefighting water flow equipment a Yes Key Hose, Elkhart Brass, Fol-Da- , ✓ No Tank, Red Head Brass 73 Fire pumps, skid units, and compressed air foam r Yes SeaWestern Fire Apparatus Inc. TBD , systems (CAFS) r. No 74 Firefighting suppression a Yes Key Hose, Elkhart Brass, Fol-Da- ✓ No Tank, Chemguard Foam 75 Firefighting attack, ventilation, and rescue tools a Yes BlowHard Fans, Holmatro, ✓ No Leatherhead Tools, Fire Hooks Unlimited 76 Thermal imaging and similar situational awareness a Yes Teledyne FLIR, 3M/SCOTT equipment r No 77 Extrication tools and equipment a Yes Holmatro, Junkyard Dog Struts, Fire ✓ No Hooks Unlimited, Leatherhead Tools 78 Technical, vertical, trench, and confined space a Yes Fire Innovations, Holmatro rescue equipment r No OmniShore/Struts 79 Portable ladders r Yes We are not offering portable ladders a No at this time 80 Hazardous materials (HazMat) response equipment r. Yes Blackline Safety ✓ No 81 Wildland firefighting equipment and upfits for a Yes KeyHose, Elkhart Brass vehicles, ATV/UTVs r No 82 Related tools and accessories complementary to a Yes Solo, Circul-Air, Red Head Brass, the offering of 1.a.i — x r No Leatherhead tools, Fire Hooks Unlimited 83 Complementary services related to the equipment r. Yes SeaWestern has certified 3M/Scott, offered in 1. a. i — x. above, including training, r No Bauer and Holmatro in-house and testing, certifications, maintenance or repair, mobile service technicians. installation and warranty programs SeaWestern technicians are also trained for basic onsite service of the BlowHard Fans and Solo Decon Washer installations. Whenever possible SeaWestern works with its vendor partners to provide customer service and onsite support of the products and equipment offerings. Table 15: Exceptions to Terms, Conditions, or Specifications Form Line Item 84. NOTICE: To identify any exception, or to request any modification, to Sourcewell standard Contract terms,conditions, or specifications, a Proposer must submit the proposed exception(s)or requested modification(s)via redline in the Contract Template provided in the"Bid Documents"section. Proposer must upload the redline in the"Requested Exceptions"upload field. All exceptions and/or proposed modifications are subject to review and approval by Sourcewell and will not automatically be included in the Contract. Do you have exceptions or modifications to propose? Acknowledgement* ✓ Yes r. No Bid Number: RFP 020124 Vendor Name: Sea-Western Inc L/ul.0 JIyII CI IVCIupe IL/.Mr-Dr I1:44-L/VJ!-'101CV-VOOV-//rCOI-IrL/JOY Documents Ensure your submission document(s) conforms to the following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s)are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s)cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one(1)document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one(1)document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as"Marketing Plan." • Pricing- Pricing_.zip-Thursday February 01, 2024 13:59:24 • Financial Strength and Stability-Sea-Western 2023 Financial Statements- FINAL.pdf-Thursday February 01, 2024 10:16:39 • Marketing Plan/Samples-Marketing Plan_.zip-Thursday February 01,2024 11:26:22 • WMBE/MBE/SBE or Related Certificates (optional) • Warranty Information-Warranty Info_.zip-Thursday February 01, 2024 15:39:12 • Standard Transaction Document Samples-Standard Transaction Documents.zip-Thursday February 01, 2024 11:30:16 • Upload Additional Document-Dist&Sery Certs_Agreements_Catalogs_Manuals_.zip-Thursday February 01, 2024 15:59:02 • Requested Exceptions (optional) Bid Number: RFP 020124 Vendor Name: Sea-Western Inc 1-JVL:UJ11J.1I CI IveIUEJC ILJ.,-rDr I JYY-u ,J/WOCJ-.7COU-//UGJr I rLJJOY Addenda,Terms and Conditions PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation.Additionally, if Proposer has worked with a consultant on the Proposal, the consultant(an individual or a company)has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest.An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to,the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or"nonpublic,"etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded.At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a"trade secret,"and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: 1. Included on the"Specially Designated Nationals and Blocked Persons"list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pdf; 2. Included on the government-wide exclusions lists in the United States System for Award Management found at: https://sam.gov/SAM/; or 3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated Bid Number: RFP 020124 Vendor Name: Sea-Western Inc ✓uL,UJIIyI I CI IVCIupe I✓./1r✓r I044-✓l,J/-4OCV-UDOV-/IrCOI-Ir LJUO4 by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. R 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. - Troy Enright, Director of Operations, Sea-Western 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 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. I have reviewed the File Name below addendum and Pages attachments(if applicable) Addendum_1_Firefighting_Equipment_RFP_020124 1 Fri January 19 2024 12:49 PM Bid Number: RFP 020124 Vendor Name: Sea-Western Inc IJUI.0 Jnyl I CI IVCIViie IV.CJOOr COU'MDrY-YGMC-ULLL.-/ I JUf rIJOVCr AMENDMENT#1 TO CONTRACT#020124-SEW THIS AMENDMENT is effective upon the date of the last signature below by and between Sourcewell and Sea-Western Inc. (Supplier). Sourcewell awarded a contract to Supplier to provide Firefighting Equipment and Rescue Tools with Related Supplies and Accessories with Related Services to Sourcewell and its Participating Entities, effective April 4, 2024, through April 4, 2028 (Contract). The parties wish to amend the contract to update Suppliers pricing strategy. NOW, THEREFORE, the parties amend the Contract as follows: Line item 57 of"Table 11: Pricing and Delivery" of the Proposal is deleted in its entirety and replaced with the following: Supplier will provide a discount off manufacturer List/MSRP as the Sourcewell price as detailed under the Sourcewell Discount Structure 020124-SEW and will provide current manufacturer full price lists upon request. Except as amended by this Amendment, the Contract remains in full force and effect. Sourcewell Sea-Western Inc. Signed by: r Signed by: By: "-00FD2A1 9006489... By: -03EED1A80930473.. Jeremy Schwartz, Chief Operating Officer Troy Enright, Director of Operations 4/25/2025 I 3:08 PM CDT 4/25/2025 I 11:10 AM PDT Date: Date: Sourcewell Contract#020124-SEW I Amendment#1 Page 1 of 1 Hello