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HomeMy WebLinkAboutContract #: 1646 - From: 07-28-2023 To: 06-30-2024 - Stertil-Koni USA, Inc. - DPW CONTRACTNO. n VENDOR NO. �244 SOURCEWELL VENDOR CONTRACT FOR SUPPLIES WITH THE TOWN OF NORTH ANDOVER THIS CONTRACT made and entered into thiCiray of August,2023, by and between Stertil-Koni USA, Inc, a domestic profit corporation duly authorized by law and having a principal place of business at 200 Log Canoe Circle,Stevensville,MD 21666,hereinafter called "VENDOR", and the and the TOWN of North Andover,("TOWN") a municipal corporation duly established by law and located at 120 Main Street, North Andover, Essex County, Commonwealth of Massachusetts. WHEREAS,the VENDOR is an accepted supplier by Sourcewell per Contract no.013020-SKI and; WHEREAS, the TOWN has accepted the VENDOR'S proposal, subject to the conditions and agreements herein contained; NOW,THEREFORE, IT IS AGREED by and between the Parties as follows: -I- The VENDOR agrees that it will provide one (1) Cabled Mobile Column Lift ST-1085-2FSA, as described in the attached Quote#62 dated July 18, 2023, Schedule of Supplies and Unit Pricing Sheet.The Schedule of Supplies, the Unit Pricing Sheet, the Commonwealth's Invitation for Bid, the Specifications,the Bid,required Certifications,and Insurance Binders are incorporated herein and made a part of this CONTRACT. The VENDOR will report to the signatory Department Head of this CONTRACT. -2- The Contract Period will commence on JuIV 28, 2023 and terminating June 30, 2024. Any extensions of time must be by written NOTICE per paragraph 19 from the TOWN, and are at the sole discretion of the TOWN. -3- Total payments under this CONTRACT shall not exceed $49,059.91 DOLLARS. This Contract is expressly subject to and contingent upon an appropriation of funds. -4- The TOWN agrees to use best efforts to pay for services within thirty (30) days of receiving an invoice,so long as all services provided are sufficiently detailed in the invoice,and that the invoice has filed with the contracting department. Any payment under this Contract shall not constitute or be deemed a waiver, relinquishment, release, or abandonment of any claim which the TOWN may have against the VENDOR for breach of this Contract. -5- The VENDOR agrees that no obligation shall be considered to have incurred under this CONTRACT unless and until a purchase order shall have been duly issued and approved. And further, that the obligation incurred shall be limited to the amount set forth in purchase order or purchase orders duly issued and approved. -6- The VENDOR certifies that performance under this Contract will meet ethical business standards and good stewardship of taxpayer and public funding to prevent waste or abuse. -7- The VENDOR shall at all times during the Contract maintain in full force and effect Employer's Liability, Worker's Compensation (MGL c,152), Public Liability, and Property Damage Insurance, including contractual liability coverage. All insurance shall be for policy limits acceptable to the TOWN;all required insurance shall be certified by a duly authorized representative of the insurers on the "MIIA" or "ACORD" Certificate of Insurance form (incorporated into and made a part of this agreement).The certificates shall contain the following express obligations: "In the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice will be given the certificate holder. Where notice is not provided by VENDOR's insurer,the notice will be provided by the VENDOR."The TOWN shall be named as an additional insured under each policy or policies, except Workers' Compensation. -8- It is further agreed by the VENDOR that, in the event the TOWN is sued in a court of law or equity, or demand is made upon the TOWN for payment of any damages arising out of the VENDOR'S performance or non-performance of this Contract, then the VENDOR, without reservation, shall indemnify and hold harmless the TOWN against any and all claims arising out of the VENDOR'S performance or non-performance of the CONTRACT. To the full extent permitted by law, no official, employee, agent or representative of the TOWN of North Andover shall be individually or personally liable on any obligation of the TOWN under this Contract. 2 -9- This Contract is subject to all laws of the Commonwealth of Massachusetts, federal, state and local, which are applicable to this Contract or work with a public entity; and it is presumed that the VENDOR is cognizant thereof. Any and all proceedings or actions relating to the subject matter herein shall be brought and maintained in the courts of the Commonwealth, which shall have exclusive jurisdiction thereof.This paragraph shall not be construed to limit any other legal rights of the parties. -10- The VENDOR agrees to comply with all the provisions of General Laws,Chapter 30B and all related sections, including amendments thereto, in performing all work under this CONTRACT, and the provisions of said sections are made a part of this CONTRACT and are to be considered as covenants, terms and conditions hereof as though all the provisions were specifically incorporated herein,and the provisions of the said sections shall apply even though it may appear they are not applicable to the work of the type to be performed under this CONTRACT. -11- The VENDOR will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws c.151, §1, et seq. (Minimum Wage Law) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. The VENDOR will, if applicable, comply with the wage rates as determined by the Commissioner of the Department of Labor and Industries, under the provisions of General Laws c.149 (Prevailing Wage), and shall be in force and as amended. -12- The VENDOR will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws c.1516 (Law Against Discrimination)and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. -13- The VENDOR shall not assign or delegate, in whole or in part or otherwise transfer any liability, responsibility,obligation, duty or interest under this Contract without the written approval of the TOWN. -14- 3 It is further agreed that the TOWN may terminate this CONTRACT without cause, upon fourteen (14) days' written notice to the other party, sent by certified mail,to the usual place of business of the other party. The TOWN may also terminate this CONTRACT at any time for cause. -15- The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean any natural person, business, partnership, corporation, union,committee, club or other organization, entity, or group of individuals. -16- The VENDOR certifies that any and all taxes and municipal fees due and owing to the TOWN of North Andover have been paid in full. -17- This contract is only binding upon,and enforceable against the TOWN if: 1)the Contract is signed by the TOWN Manager or her designee; 2) and endorsed with approval of TOWN Counsel as to form. At any time during normal business hours, and as often as the TOWN may deem it reasonably necessary, there shall be available in the office of the VENDOR for the purpose of audit, examination, and/or to make excerpts or transcript all records, contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. This instrument, and the other components of the contract documents, constitutes the entire contract between the parties, with no agreements other than those incorporated herein. Any Amendments to this Contract must be made in writing and executed by all signatories to the original Contract, prior to the effective date of the amendment. -19- Any notice permitted or required under the provisions of this Contract to be given or served by either of the parties hereto upon the other party hereto shall be in writing and signed in the name or on the behalf of the party giving or serving the same. Notice shall be deemed to have been received at the time of actual service or three (3) business days after the date of a certified or registered mailing properly addressed. Notice to the VENDOR shall be deemed sufficient if sent to the address set forth in the Contract and to the TOWN by being sent to the Town Manager, North Andover Town Hall at 120 Main Street, North Andover, Essex County, Commonwealth of Massachusetts. 4 IN WITNESS WHEREOF, the VENDOR and the said TOWN OF NORTH ANDOVER have hereto and to a duplicate and triplicate hereof, caused their corporate seals to be affixed and these presents, together with said duplicate and triplicate, to be signed in their name and behalf by their duly authorized officers the day and year first above written. APPROVED: VENDOR Melissa Murphy-Rodrigues Town Manager, North Andover Fed.I.D.�or—'Social Security No. 52-2010741 APPROVED AS TO FORM: TOWN OF NORTH ANDOVER --9kk- 0I Christine P. O'Connor Town Counsel Department Head �km , ��ax Lyne SA age Date: a� Town Accountant 5 CERTIFICATIONS CERTIFICATE OF NON-COLLUSION The undersigned certifies under penalties of perjury that our bid or proposal has been made and submitted In good faith and without collusion or fraud with any other person. As used in this certification, the word "person" it mean natural person, business, partnership, corporation, committee, union,club or other organization,entity,or group of individuals. Signatur a : 07/28/2023 Jean DellAmore, President Stertit-Koni USA, Print Name &Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C oft Massachusetts General Laws, Section 49A(b), I J llAmore authorized signatory for S,tertil-Ion! USA, Inc. Nome of individual Nome of contractor do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to taxes, permit or other fees, reporting of employees and contractors, and withholding and remitting child support. 0712812023 Si starDate 3. CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the Stertil-Koni USA, Inc. held on 07/28/2023 it was VOTED,THAT Jean DellAmore President (Name) (Officer) of Stertil-Koni USA, Inc. be and hereby is authorized to execute contracts and bonds in the name and on behalf of said company ,and affix its corporate seal hereto; and such execution of any contract or obligation in the name of Stertil-Koni USA, Inc. on its behalf by such o I of Stertil-Koni USA, Inc. shall be valid and binding upon signatur hereby wertif that I am the clerk of the above named company and that Jean DellAmore is the duly elected officer as above of said company , and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. Lj (bate) (IletW 2 ATTACHMENT 6 Quote Stertil-Koni USA, Inc. Quote# 62 200 Log Can Circle Date 07/18/2023 Stevensville,MD 21666 Expires 08/17/2023 T:410.643.9001 RSA Glenn Om F:410.643.8901 Billing Address Town of North Andover Shipping Address Town of North Andover Mark and Mark Hardy 384 Osgood St 384 Osgood St North Andover, North Andover, 01845 01845 niliardy@t,iortl,iandoverma.gov mhardy@northandoverma.gov (978)989-3526 (978)989-3526 Source well Contract #: 013020-SKI ST-1085-2FSA 1.00 $67,021.00 29.00% $47,584.91 Set of 4 Cabled Mobile Column Lifts at 74,000 lbs.capacity,3 phase 208-460 V,ebright control box on every column,one primary column per set of 4,synthetic fixed front wheels and adjustable forks Subtotal. $67,021M Discount ($19.436.09) Tax Woo Comments Shipping: $1,47&00 Sourcewell Member Member 1D#171392 Total $49.059.91 Subcontract: Local Distributor. Power Washer Sales John Campbell john@powerwashersales.com 508.615.9446 Terms and Conditions 1.Product availability and proposed delivery date provided ARO 2. Purchase Orders MUST be issued to Stertil-Koni USA, Inc., not the Local distributor 3.Please submit Purchase Orders to orders@stertil-koni.com 4.Customer is responsible for paying sales tax, if any,when applicable. 2/2 DocuSign Envelope ID:F44ABAF0-D1D9-4EC8-B4E5-320FE6CF2241 013020-SKI Sou rcewel l zt Solicitation Number: RFP#013020 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell)and Stertil-Koni USA Inc., 200 Log Canoe Circle, Stevensville, MD 21666 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members. Participation is open to all levels of governmental entity, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and its Members (Members). 1. TERM OF CONTRACT A. EFFECTIVE DATE.This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION.This Contract expires April 13, 2024, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor's product and pricing list. Unless agreed to by the Member in advance, Equipment or Products must be delivered as operational to the Member's site. 1 Rev.4/2019 DocuSign Envelope ID:F44ABAFO-D1 D9-4EC8-B4E5-320FE6CF2241 013020-SKI This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor's dealers and distributors must agree to assist the Member in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the Vendor's warranty will be passed on to the Member. C. DEALERS AND DISTRIBUTORS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor's authorized Distributors/Dealers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's Proposal. Regardless of the payment method chosen by the Member, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Member at the time of purchase. When providing pricing quotes to Members, all pricing quoted must reflect a Member's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Member's requested delivery location. A. SHIPPING AND SHIPPING COSTS.All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Members. Members reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. 2 Rev.4/2019 DocuSign Envelope ID:F44ABAF0-D1D9-4EC8-B4E5-320FE6CF2241 013020-SKI Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products,the Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Member. B. SALES TAX. Each Member is responsible for supplying the Vendor with valid tax-exemption certification(s). When ordering, Members must indicate if it is a tax-exempt entity. C. HOT LIST PRICING.At anytime during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Members. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator.This form is available from the assigned Sourcewell Contract Administrator.At a minimum, the request must: • Identify the applicable Sourcewell contract number • Clearly specify the requested change • Provide sufficient detail to justify the requested change • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change) • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference. 3 Rev.4/2019 DocuSign Envelope ID:F44ABAF0-D1D9-4EC8-B4E5-320FE6CF2241 013020-SKI 5. MEMBERSHIP, CONTRACT ACCESS,AND MEMBER REQUIREMENTS A. MEMBERSHIP. Membership in Sourcewell is open to public and nonprofit entities across the United States and Canada; such as municipal, state/province, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Members that can legally access the Equipment, Products, or Services under this Contract.A Member's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Member's use of this Contract is at the Member's sole convenience and Members reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell membership requirements and documentation and will encourage potential members to join Sourcewell. Sourcewell reserves the right to add and remove Members to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor's employees maybe required to perform work at government- owned facilities, including schools. Vendor's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Member policies and procedures, and all applicable laws. 6. MEMBER ORDERING AND PURCHASE ORDERS A. PURCHASE ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, Member must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor.Typically a Member will issue a purchase order directly to Vendor. Members may use their own forms for purchase orders, but it should clearly note the applicable Sourcewell contract number. Members will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Member. B. ADDITIONAL TERMS AND CONDITIONS. Additional terms and conditions to a purchase order may be negotiated between a Member and Vendor, such as job or industry-specific requirements, legal requirements (such as affirmative action or immigration status requirements), or specific local policy requirements. Any negotiated additional terms and conditions must never be less favorable to the Member than what is contained in Vendor's Proposal. C. PERFORMANCE BOND. If requested by a Member, Vendor will provide a performance bond that meets the requirements set forth in the Member's purchase order. 4 Rev.4/2019 DocuSign Envelope ID:F44ABAF0-DiD9-4EC8-B4E5-320FE6CF2241 013020-SKI D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Member requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Member and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. E. TERMINATION OF PURCHASE ORDERS. Members may terminate a purchase order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Member fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal or state laws or regulations prohibit the purchase or change the Member's requirements; or 3. Vendor commits any material breach of this Contractor the additional terms agreed to between the Vendor and a Member. F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Member's purchase order will be determined by the Member making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE.Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed.The Account Representative will be responsible for: • Maintenance and management of this Contract; • Timely response to all Sourcewell and Member inquiries; and • Business reviews to Sourcewell and Members, if applicable. B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year.The business review will cover sales to members, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter,Vendor must provide a contract sales activity report (Report)to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). 5 Rev.4/2019 DocuSign Envelope ID:F44ABAFO-D1 D9-4EC8-B4E5-320FE6CF2241 013020-SKI The Report must contain the following fields: • Customer Name (e.g., City of Staples Highway Department); • Customer Physical Street Address; • Customer City; • Customer State; • Customer Zip Code; • Customer Contact Name; • Customer Contact Email Address; • Customer Contact Telephone Number; • Sourcewell Assigned Entity/Member Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Members.The Vendor will submit a check payable to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Members under this Contract during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above "Attn: Accounts Receivable." Payments must be received no later than forty-five(45) calendar days after the end of each calendar quarter. Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than thirty (30) days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 6 Rev.4/2019 DocuSign Envelope ID:F44ABAF0-D1D9-4EC8-B4E5-320FE6CF2241 013020-SKI 10.ASSIGNMENT,AMENDMENTS, WAIVER,AND CONTRACT COMPLETE A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. B. AMENDMENTS.Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. C. FEDERAL TRANSIT ADMINISTRATION. Sourcewell reserves the right to amend this Contract to include requirements relating to any subsequent changes affecting the use of inter- governmental cooperative purchasing agreements by FTA grant recipients. D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. 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, master- servant, principal-agent, or any other relationship. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Members, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product,or Service has been used according to its specifications. 12.AUDITS Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of six (6)years from the end of this Contract. This clause extends to Members as it relates to business conducted by that Member under this Contract. 7 Rev.4/2019 DocuSign Envelope ID:F44ABAF0-D1D9-4EC8-B4E5-320FE6CF2241 01302 0-S K I 13. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13,as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article,the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 14. INTELLECTUAL PROPERTY As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Members against any and all suits, claims,judgments, and costs instituted or recovered against Sourcewell or Members by any person on account of the use of any Equipment or Products by Sourcewell or its Members supplied by Vendor in violation of applicable patent or copyright laws. 15. PUBLICITY, MARKETING,AND ENDORSEMENT A. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. B. MARKETING. Any direct advertising, marketing, or offers with Members must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. C. ENDORSEMENT.The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 16. GOVERNING LAW,JURISDICTION,AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. 8 Rev.4/2019 DocuSign Envelope ID:F44ABAFO-D1 D94EC8-B4E5-320FE6CF2241 013020-SKI 17. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 18.SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 19. PERFORMANCE, DEFAULT,AND REMEDIES A. PERFORMANCE. During the term of this Contract,the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management.The Vendor will have thirty (30) calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Members as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Member order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default.Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: 9 Rev.4/2019 DocuSign Envelope ID:F44ABAF0-D1D9-4EC8-B4E5-320FE6CF2241 013020-SKI • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 20. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A-or better, with coverage and limits of insurance not less than the following: 1. Workers'Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office("ISO") Commercial General Liability Form CG0001 (2001 or newer edition). At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below.The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer). Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers' Compensation, Commercial General Liability, and Commercial Automobile. 10 Rev.4/2019 DocuSign Envelope ID:F44ABAF0-D1D9-4EC8-B4E5-320FE6CF2241 013020-SKI Minimum Limits: $2,000,000 S. Professional/Technical, Errors and Omissions, and/or Miscellaneous Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor's professional services required under this Contract. Minimum Limits: $2,000,000 per claim or event $2,000,000—annual aggregate 6. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability.The coverage may be endorsed on another form of liability coverage or written on a standalone policy.The insurance must cover claims which may arise from failure of Vendor's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data —including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract.The certificates must be signed by a person authorized by the insurer(s)to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without thirty (30) days' prior written notice to the Vendor. Upon request, Vendor must provide to Sourcewell copies of applicable policies and endorsements, within ten (10) days of a request. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to name Sourcewell and its Members, including their officers, agents, and employees, as an additional insured under the Vendor's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or 11 Rev.4/2019 DocuSign Envelope ID:F44ABAF0-D1D9-4ECB-B4E5-320FE6CF2241 013020-SKI "work" performed by or on behalf of Vendor, and products and completed operations of Vendor.The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors.The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law,Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY.The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies). F. SELF-INSURED RETENTIONS.Any self-insured retention in excess of$10,000 is subject to Sourcewell's approval. 21. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES.Vendor must maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Members. 22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota,the United States federal government, or any Member. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 12 Rev.4/2019 DocuSign Envelope ID:F44ABAF0-DiDg-4ECB-64E5-320FE6CF2241 013020-SKI 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. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award meets the definition of"funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT(42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT(33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of$150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor 14 Rev.4/2019 DocuSign Envelope ID:F44ABAF0-D1D9-4EC8-B4E5-320FE6CF2241 013020-SKI certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT,AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS.To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333.The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of three (3)years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE.To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions.The right also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a 15 Rev.4/2019 DocuSign Envelope ID:F44ABAF0-D1D9-4EC8-B4E5-320FE6CF2241 013020-SKI 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. 24. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon sixty (60) days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor's Proposal. Termination of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to termination. Sourcewell Stertil-Koni USA Inc. By.EDocuSigned by, DocuSigned by: S"ayf,j By:— ,t,aLt 5963ABSCpt,�,Qk6m COFD2A139D06489... 115C4C9... Jeremy Schwartz Jean DellAmore Title: Director of Operations & Title: President Procurement/CPO Date: 4/10/2020 1 9:06 AM PDT Date: 4/11/2020 1 6:48 AM CDT Approved- By. ClDocuS/igneed.by, � 7E4288F817A64CC... Chad Coauette Title: Executive Director/CEO Date: 4/11/2020 1 6:28 PM CDT 16 Rev.4/2019 DocuSign Envelope ID:F44ASAF0-DiD9-4EC8-B4E5-320FE6CF2241 RFP 013020 - Vehicle Lifts, with Garage and Fleet Maintenance Equipment Vendor Details Company Name: Stertil-Koni USA,Inc. 200 Log Canoe Circle Address: Stevensville,MD 21666 Contact: Kellie Boehm Email: kellie@stertil-koni.com Phone: 410-643-4434 106 Fax: 410-643-8901 HST#: 52-2010741 Submission Details Created On: Tuesday December 17,2019 09:55:33 Submitted On: Thursday January 30,2020 11:15:09 Submitted By: Kellie Boehm Email: kellie@stertil-koni.com Transaction#: b4fd0289-5c80-4535-ace9-7a32d3l77a3a Submitter's IP Address: 24.145.93.156 Bid Number: RFP 013020 Vendor Name: Stertil-Koni USA, Inc. DocuSign Envelope ID:F44A 0- 1D9-4 CB E5-320F 6CF2241 Specifications Table 1: Proposer Identity&Authorized Representatives General Instructions(applies to all Tables)Sourcewell prefers a brief but thorough response to each question.Please do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank;mark"NK if the question does not apply to you(preferably with an explanation). Lire Que�s�n , Response, Item 1 Proposer Legal Name (and Stertil-Koni USA, Inc. applicable dfbla, if any): 2 Proposer Address: 200 Log Canoe Circle , Stevensville, MD 21666 3 Proposer website address: https:llstertil-koni.com/ 4 Proposer's Authorized Jean DellAmore, President Representative (name, title, 200 Log Canoe Circle, Stevensville, MD 21666 address, email address & phone) jdellamore@stertil-koni.co 410. 3.9001 (The representative must have authority to sign the 'Pro poser's Assurance of Compliance' on behalf of the Proposer and, in the event of award, will be expected to execute the resulting contract): 5 �Proposer's primary contact for this Kellie Boehm, Administrative Sales Manager proposal (name, title, address, 200 Log Canoe Circle, Stevensville, MD 21666 email address & phone): kellie@stertil-koni.com - 410.643.4434 6 Proposer's other contacts for this Peter Bowers, Sales Support proposal, if any (name, title, 200 Log Canoe Circle, Stevensville, MD 21666 address, email address & phone): peter@sterol-koiii.com - 410. 3:30d1 Table 2: Company Information and Financial Strength Line uestiott Response Item 7 Provide a brief history of your company, Stertil-Koni USA (SK) was established in January 1997 in the state of Maryland. SK including your company's core values, is a wholly-owned subsidiary of Stertil Enterprises (SE) which is a Delaware-based business philosophy, and industry longevity corporation; and, SE has two entities: SK and Stertil AL , the latter of which is the related to the requested equipment, products manufacturing and production arm of the company. SK is responsible for all sales or services. and marketing of Stertil-Koni products in North America and Stertil ALM is responsible for all manufacturing. The core value of SK is to provide the most advanced and safest heavy-duty vehicle lifting products in the industry. Clearly, the lifting systems that SK produces and sells in the transportation industry enable mechanics and users to quickly and efficiently lift their heavy-duty trucks, buses, military vehicles, municipals service vehicles and more for service and repair. Given the magnitude of the task, Stertil-Koni has an essential responsibility to ensure that our lifts always perform in a safe and efficient manner. When anyone is standing under a vehicle that weighs more than 50,000 lbs., safety is paramount and the obsession with safety and performance drives our company. Moreover, Stertil-Koni is fully devoted to continuously advancing our hardware and software designs to deliver the very best in customer usability, functionality, and safety in all of the heavy-duty vehicle lifting products that we provide. 8 Provide a detailed description of the products Stertil-Koni USA is the sales and marketing arm of a manufacturer that specializes in and services that you are offering in your heavy-duty lifting solutions. These lifting solutions are designed and manufactured at proposal. one of our two manufacturing locations — Streator, Illinois and Northern Holland. With our emphasis on only heavy-duty lifts, Stertil-Koni can offer our customers the most innovative solutions to fully meet all their lifting needs. We call this approach "Freedom of Choice.® It is our commitment to provide customers with the highest quality, most advanced and safest heavy duty lifting systems on the market. Stertil-Koni lifts, with capacities ranging from 16,000 lbs. to more than 100,000 lbs., offer the appropriate lift for all applications. Along with a complete line of heavy-duty lifting solutions, Stertil-Koni offers complementary shop equipment for a majority of auxiliary service. Bid Number: RFP 013020 Vendor Name: Stertil-Koni USA, Inc. DocuSign Envelope ID:F44ABAF0-D1D9-4EC8-B4E5-320FE6CF2241 9 What are your company's expectations in the As the leader in the field of heavy-duty vehicle lifting systems, and a recognized event of an award? marketing powerhouse in the transportation servicing field, Stertil-Koni takes great pride in its sense of focus, dedication to customer service, and ongoing readiness to perform at the highest levels of excellence. Therefore, well before an award has been made to Stertil-Koni to provide vehicle lifting systems and service via the Sourcewell contract, our company will already have in place a comprehensive plan to communicate and leverage this exciting news to our employees, sales representatives, distributors across North America, colleagues around the world, as well as existing customers, leads, and prospects. More specifically, in the near-term, it is our expectation that concurrent with the award, Stertil-Koni will "hit the ground running" — that very same day — to the benefit of Sourcewell, our distributors, our customers, and Stertil-Koni. Further, within a relatively short time span following the contract award, it is our expectation that Sourcewell will become an integral contracting vehicle by which our dedicated distributor network will inspire Stertil-Koni end-users to acquire our exceptional, award-winning (and in certain instances, U.S. and Canadian patented) lifting systems. Longer-term, we fully anticipate that Sourcewell will accrue the benefits of having awarded this contract to Stertil-Koni by virtue of our exceptional product line, recognized sales, and marketing prowess — all combined with our company's highly professional support and reporting expertise. Stertil-Koni has become the world leader in heavy-duty lifting applications in the United States and Canada. There is no other lift company that focuses exclusively on the heavy-duty customer generally defined as the ability to lift vehicles over 16,000 lbs. Over the last 23 years, we have developed a very focused distributor base strategically located throughout the United States and Canada. Where we think we can best promote the Sourcewell concept is with the 3,300 Transit agencies strategically located in North America. Generally speaking, Transit agencies buy heavy-duty lifting equipment at relatively high dollar volumes and the SOURCEWELL concept is particularly well suited to promote the purchase of these products. The focus and specialization on the part of Stertil Koni (SK) to the heavy-duty industry are specific and purposeful. For and to the benefit of SOURCEWELL the average sale of SK products begins at approximately $250,000. Therefore, the value of the equipment sold to municipalities and private corporations represents a high- dollar value. The benefits to SOURCEWELL are obvious since the attendant fee is based on a particular dollar value. Other competitors focus on light-duty lifts with corresponding lower retail values. It is not unknown or unusual for SK to engage in multi-million contracts with individual SOURCEWELL users. This benefits both SK and SOURCEWELL. In addition, SK is launching a new PRODUCT SHOP EQUIPMENT line of very specialized heavy-duty shop equipment products used by end-users to work on their vehicles. Mechanics utilize lifts to raise vehicles but then require transmission jacks and wheel dollies to remove components from those vehicles. This is the type of specialized equipment that SK is introducing in 2020 and will be part of the scope hopefully offered through SOURCEWELL. This will increase the overall numbers and will extend the outreach of these offerings to potentially thousands of more users. 10 Demonstrate your financial strength and To demonstrate Stertil-Koni USA's financial strength and stability, we have attached stability with meaningful data. This could the company's Balance Sheet, Statement of Income, and The Independent include such items as financial statements, Accountant's Review Report for the period 2015-2019 (Attachments 1, 2, 3). SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. Some highlights from the five-year period 2015 — 2019 include: Upload supporting documents (as applicable) in the document upload section of your Revenues have grown from $36.6 Million in 2015 to $53.8 Million in 2019. response. - Profit before tax has grown from $3.2 Million in 2015 to $5.4 Million in 2019. Equity and Equity Ratio have grown from $7.0 Million (39%) in 2015 to $14.2 Million (59%) in 2019. 11 What is your US market share for the November Market Share Numbers 2019 solutions that you are proposing? MOBILES: 37% SKYLIFTS: 53% DIAMOND LIFTS: 38% ECOLI FT: 77% Bid Number: RFP 013020 Vendor Name: Stertil-Koni USA, Inc. DocuSign Envelope ID:F44ABAF0-D1D9-4ECB-B4E5-320FE6CF2241 12 What is your Canadian market share, if any? Stertil-Koni is a member of the Automotive Lift Institute (ALI). The ALI organization provides overall market share or market penetration numbers and we know from the statistical evidence that the Canadian market represents approximately 18% of the total. Within that 18% distribution, it is estimated that Stertil-Koni has overwhelming market share penetration figures amounting to what we believe is about 62% market penetration. We are able to determine these numbers through careful analysis of reported lifts among all ALI members We also can reasonably estimate market share based on the total number of known projects and the percentage of an acquisition on the part of Stertil-Koni. We also feel that the Canadian market is a great opportunity for SOURCEWELLI inasmuch as most or we should say the vast majority of previous Canadian sales have not utilized SOURCEWELL funding or participation. 13 Has your business ever petitioned for No. Stertil-Koni has never petitioned for bankruptcy protection. bankruptcy protection? If so, explain in detail. 14 How is your organization best described: is it Stertil-Koni (SK) is best described as a distributor/dealer/reseller for a manufacturer a manufacturer, a distributor/dealer/reseller, or of the products/ equipment and related services being proposed. a service provider? Answer whichever question (either a) or b) just below) best a) Stertil-Koni is the sales and marketing arm of the parent company we represent, applies to your organization. Stertil Group B.V. Stertil-Koni is also the sales and marketing arm of the U.S. a) If your company is best described as a manufacturing company, Stertil ALM. Please find attached evidence of SK distributor/dealer/reseller (or similar entity), authorization as a re-seller of equipment from Stertil B.V. and Stertil ALM provide your written authorization to act as a (Attachments 4,5). distributor/dealerfreseller for the manufacturer of the products proposed in this RFP. If b) Not applicable: Stertil-Koni is not best described as a manufacturer. Rather, we applicable, is your dealer network could best be described as a member of the Stertil Group BV family of companies independent or company owned? with a mandate to provide sales and service through an independent network of 30 b) If your company is best described as a exclusive distributors that operate in the U.S., Canada, and the Caribbean. These manufacturer or service provider, describe dealers are all independent third-party entities and represent the SK products in the your relationship with your sales and service heavy-duty vehicle lifting product marketplace on an exclusive basis in their specific force and with your dealer network in territories. delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? 15 if applicable, provide a detailed explanation Stertil-Koni USA, Inc. is incorporated in the State of Maryland. We have attached the outlining the licenses and certifications that Good Standing Certificate as of May 20, 2015, issued by the State of Maryland, are both required to be held, and actually Department of Assessment and Taxation (Attachment 6). Stertil-Koni USA's FEIN # is held, by your organization (including third 52-2010741. Our line of business does not require any additional specific licenses or parties and subcontractors that you use) in certifications. pursuit of the business contemplated by this RFP. That said, Stertil-Koni is a member of Automotive Lift Institute (ALI), our industry's ' highly regarded independent watchdog and Stertil-Koni is proud to have the greatest number of heavy-duty lifting systems that are ALI/ETL Certified. By way of further background, ALI's mission is to promote the safe design, construction, installation, inspection, and use of vehicle lifts. Please see attached information about ALI (Attachment 7) as well as documentation showing all of Stertil-Koni's lift models and accessories that are certified by ALI (Attachment 8). 16 Provide all "Suspension or Debarment" Not applicable: Stertil-Koni has not been the subject of "Suspension or Disbarment." information that has applied to your organization during the past ten years. 17 Within this RFP category there may be Stertil-Koni's product line can best be described as heavy-duty vehicle lifting systems, subcategories of solutions. List subcategory shop equipment, hoists, related accessories and ongoing fleet servicing equipment for titles that best describe your products and government, municipalities and education entities. services. Bid Number: RFP 013020 Vendor Name: Stertil-Koni USA, Inc. DocuSign Envelope ID:F44ABAF0-D1D9-4EC8 E5-320FE6CF2241 Table 3: Industry Recognition& Marketplace Success Ling Item Question Response 18 Describe any relevant industry awards or Stertil-Koni has won a number of key awards for its product engineering. In addition, recognition that your company has received the company has been awarded multiple patents by the United States Patent and in the past five years Trademark Office (USPTO) and the Canadian Patent Office for its products. Industry recognition First lift company to be ISO 9001 certified First lift manufacturer to offer certified mobile lifting columns utilizing wireless communications First lift manufacturer to offer certified mobile lifting columns which incorporate active energy retrieval system (AERS) Stertil-Koni has the largest number of ALIIETL certified heavy-duty vehicle lifts registered with our industry`s independent watchdog, the Automotive Lift Institute (ALI). Recipient of the prestigious Innovation Award from Professional Tool and Equipment for the development of the EARTHLIFT, the industry`s first "green" mobile column lift. EARTHLIFT has components that are 98% recyclable, use bio- degradable fluid, feature batteries that are 100% recyclable and employ an Active Energy Retrieval System to deliver 35% more lifting cycles at maximum load. Only It manufacturer to offer certified 4 post lifting system with a lifting capacity of 66,000 lbs. Only lift manufacturer to offer certified platform lifting system (S LI ) that can be extended with certified platform extensions at 49 inches each Only lift manufacturer with 4 post lifts, without cross beams (ST4175 & ST4250), in capacities in excess of 50,000 lbs. Market leader in sales of certified heavy-duty mobile lifting columns Market leader in the total number of certified heavy-duty vehicle lifts Only vehicle lift manufacturer that concentrates solely on the heavy-duty lift market, with lifting capacities starting at 16,000 lbs. 19 What percentage of your sales are to the Stertil-Koni built its reputation and sales based on municipal or govemment sales. governmental sector in the past three years From our inception in 1997 to 2010. the percentage of sales to the governmental sector was 81%. However, since 2011 Stertil-Koni began an active campaign to even out sales between government and the private sector. As a result of these efforts between 2011 and 2019 our government sector represented 68% with 32% trending toward the private sector. In terms of a particular direction, 20% of that 32% is focused on national accounts such as United Airlines, Southwest Airfines, Penske, and Ryder trucks. 20 What percentage of your sales are to the The education sector is relatively underrepresented at Stertil-Koni and represents education sector in the past three years approximately 4% of sales. This is an area where we hope and expect that Sourcewell availability can help us increase market share. The majority of sales within that 4% is devoted to School Districts. 21 List any state or cooperative purchasing CMAS: 2017-$41,017 /'' 2018-$120,672 / 2019-$230,590 contracts that you hold. What is the annual NASPO: 2017-$3,508,747 / 2018-$4,392,441 / 2019-$6,611,540 sales volume for each of these contracts Sourcewell: 2017-$3,150,826 1 2018-$5,196,1 2 1 2019-$6,231,635 over the past three years? TXMAS: 2017-$230,120 1 2018-$307,007 / 2019-$219,814 22 List any GSA contracts that you hold. What GSA: 2017-$659,132 / 2018-$1,177,562 / 2019-$1,016,313 Is the annual sales volume for each of these contracts over the past three years? Table 4: References/Testimonials Line Item 23.Supply reference information from three customers who are eligible for Sourcewell membership. entity Maine"* Contact#dama lPfitca e,fil er Metropolitan Transit Council Bill Beck 612.349.7338 Tri-Met Karen Powell 503.962.2460 WMATA Rob Herd 202.962.2680 Bid Number: RFP 013020 Vendor Name: Stertil-Koni USA, Inc. DocuSign Envelope ID: 0-D19-4EC8- 5-320E6CF221 Table 5: Top Five Government or Education Customers Line Item 24. Provide a list of your top five government,education, or non-profit customers(entity name is optional), including entity type,the state or province the entity is located in,scope of the project(s),size of transaction(s),and dollar volumes from the past three years. Static T poilar Qiume Fast Three Entity Name Entity 3`ype Serape of#Nork" Size Qf Transactic�Ks�` � * PXpVtY1e '1? 1 WMATA Govemment District of Vehicle Lift Supply $5,000,00 + $5,000,000 + Columbia-DC Tri-Met Govemment Oregon-OR Vehicle Lift Supply $395,000 $2,000,000 + , $1,605,000 MTC Government Minnesota-MN Vehicle Lift Supply $276,000 $1,500,000 $421,000 $803,000 New Jersey Government NewJersey-NJ Vehicle Lift Supply $151,000 $1,000,000 Transit $642,000 $207,000 Houston Metro Government Texas-TX Vehicle Lift Supply $2,100,000 $3,000,000 $813,000 1$87,000 Bid Number: RFP 013020 Vendor Name: Stertil-Koni USA, Inc. ocuSign Envelope ID:F ABAFO- 19-4EC6 S-320FE6CF2241 Table 6:Ability to Sell and Deliver Service Describe yourcompany's capability to meet the needs of Sourcewell Members across the US,and Canada if applicable.Your response should address in detail at least the following areas:locations of your network of sales and service providers,the number of workers(full- time equivalents)involved in each sector,whether these workers are your direct employees(or employees of a third party),and any overlap between the sales and service functions. r�rn, 25 Sales force. Stertil-Koni has eleven (11) sales managers. Because these sales personnel are employed by SK, they devote 100% of their time to SK and the support of their individual distributors. Each manager represents approximately an average of 4-8 states per person. (See attachment 9). 26 Dealer network or other distribution methods. Stertil-Koni products are available through a dedicated network of 30 exclusive distributors. These 30 distributors, exclusive to Stertil-Koni in the delivery, installation, and servicing of heavy-duty vehicle lifting systems and accessories, provide coverage for all the states in the U.S. (including Hawaii and Alaska)as well as all provinces of Canada_ We also have a distributor that covers the Caribbean. (see attachment 10) 27 Service force, Stertil-Koni staffs an in-house service department to support our network of dedicated distributors and the company's end users. This service department includes a service manager and four highly trained service technicians. Please note that all service personnel are full-time employees who are 100% dedicated to the SK product line. Three (3) of these service technicians are located in Stevensville, Maryland and one is located in the New York area to more efficiently serve customers nearby. The Stertil- Koni service department assists distributors by providing training as well as servicing and installing equipment. Further, as part of our commitment to the delivery of exceptional customer service, Stertil-Koni maintains and staffs a 247 telephone hotline in the event of a technical issue that requires immediate attention. Thus, customers of Stertil-Koni products have direct access to service and technical support around the clock, 2417, 365 days per year. Our service department consists of 1) Kevin Hymers, Director of Operations 2) Kevin Boyer, Service Manager 3) Mike Nichols, Senior Service Technician, 4) Jacob Rosendale, Service Technician 5) John Sliney, Service Technician 28 Describe in detail the process and In terms of our service program process and procedure, Stertil-Koni (S ) maintains in- procedure of your customer service house a full line of professionals dedicated to supporting our sales, installation and program, if applicable. Include your marketing efforts. The company's in-house sales force consists of 10+ employees and response-time capabilities and a CAD engineer to provide sales, customer support and technical guidance. In commitments, as well as any incentives that addition, at our headquarters location in Stevensville, we have a dedicated help your providers meet your stated operations/customer support and technical team (available 2417)— as well as a service goals or promises. complete warehousing operation with four employees, a marketing department with three professional employees as well as a financial department and related support staff. The Stertil-Koni organization is dedicated to providing radical customer service with a commitment to a 2417 response for sales, service and technical inquiries. Stertil- ni also utilizes a web-based CRM system to track customer satisfaction and a state-of- the-art inventory management system for tracking financial results, product shipments and more. 29 Identify any geographic areas of the United Not applicable: There are not any geographic markets where the Sourcewell contract States or Canada that you will NOT be fully will not be offered as a primary contract purchasing vehicle. serving through the proposed contract. 30 Identify any Sourcewell Member sectors Not applicable: There are not any market segments where the Souroewell contract will (i.e., government, education, not-for-profit) not be offered as a primary contract purchasing vehicle that you will NOT be fully serving through the proposed contracL Explain in detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 31 Define any specific contract requirements or Given the geographical position of Hawaii, Alaska and other US territories freight to restrictions that would apply to our those particular locations that require container shipments must be accompanied by Members in Hawaii and Alaska and in US additional freight to cover costs. Territories. Table 7: Marketing Plan Witt fzspan**, Bid Number: RFP 013020 Vendor Name: Stertil-Koni USA, Inc. DocuSign Envelope ID:F44ABAF0-DiD9-4EC8-B4E5-320FE6CF2241 32 Describe your marketing strategy for As the recognized leader in the sale of heavy-duty vehicle lifting systems, shop equipment, promoting this contract opportunity. and accessories across North America, Stertil-Koni additionally is known for being a highly Upload representative samples of your proactive, professional, and keenly focused marketing-oriented company. In that role, marketing materials (if applicable) in particularly in conjunction with a contract award from Sourcewell, our goal is to continuously the document upload section of your leverage our broad, results-driven portfolio of the latest marketing techniques to further response. advance the sale of our heavy-duty lifting systems across multiple customer audiences. What's more, upon an award from Sourcewell, Sterol-Koni will once again already have in place a comprehensive Marketing Plan to build awareness of the award and generate orders via the Sourcewell contract. Key elements in our Marketing Plan will include (but not be limited to) the following: a. Trade Shows: Stertil-Koni participates in more than 100 trade shows each year across the U.S. and Canada, most of which are focused on the municipal and government marketplace — an ideal alignment for the Sourcewell contract. At these shows, Stertil-Koni will provide professional signage, literature, and visitor briefings on the topic of the partnership between Stertil-Koni and Sourcewell and encourage customers to purchase via the Contract. b. Website Feature: Stertil-Koni will include prominent coverage on our company's homepage, www.Stertil-Koni.com, and on the "Purchasing" page of our site. C. Social Media Features: Facebook, Twitter, Instagram, and Linkedln articles/posts will be published. d, eBlast/s: News distribution regarding Stertil-Koni and Sourcewell will be sent on a regular basis to +35,000 opt-in visitors, leads, and prospects --who currently receive Stertil- Koni updates weekly. e. Blog Feature: Sourcewell articles will be published on Stertil-Koni's blog during the calendar year. f. Distributor Relations: Email and phone alerts will be directed to Stertil-Koni's dedicated network of exclusive heavy-duty vehicle lift distributors across the U.S., Canada, and the Caribbean. g. Sales Force Communications: Personal outreach will be made to Stertil-Koni's in- house sales representatives, serving the U.S., Canada, and the Caribbean, as well as colleagues around the world. h, Email Signatures: Stertil-Koni will encourage its internal team and distributors to feature the Sourcewell logo, and a description of the Sourcewell contract awarded to Stertil- Koni, on their respective email signature lines. L Press Releases: Stertil-Koni is the industry leader in issuing professionally written, hard- news-oriented press releases to business and trade press — generating more than 5,000 digital and print articles each year. News alerts, first approved by Sourcewell, will be developed and delivered to leading business, transportation, and procurement trade press via Stertil-Koni's professional news distribution service, PR Newswire. j. Advertising: Stertil-Koni will commit to a focused, professionally designed, and implemented digital advertising schedule to further announce and promote the partnership between Sourcewell and our company. Bid Number: RFP 013020 Vendor Name: Stertil-Koni USA, Inc. DocuSign Envelope ID:F44ABAF0-D1D9-4EC8-B4E5-320FE6CF2241 33 Describe your use of technology and Stertil-Koni embraces advanced technology and the use of the Internet as key tools in digital data (e.g., social media, providing world-class, ongoing marketing activities. Further, these elements will be a metadata usage) to enhance cornerstone of our dedicated efforts to ensure broad contract awareness in the U.S. and marketing effectiveness. Canada upon an award from Sourcewell. What follows below is greater detail regarding Stertil-Koni's use of technology to enhance marketing effectiveness. Use of Technology: Stertil-Koni employs the latest technology on multiple fronts to provide world-class marketing. We will leverage our expertise and apply it to enhance our marketing effectiveness in conjunction with an award from Sourcewell —all to ensure national (and international) contract awareness. Examples include: a. CRM System: Stertil-Koni utilizes a custom-built, web-based customer relationship management (CRM) system that is updated daily to track all bids, leads, projects, trade shows, customer interactions, customer feedback, distributor activities, sales and more. This is all part of our ongoing management approach that we describe in two simple words: "Measurement Matters." The result? Top management and sales representatives can track in real-time all active deals, leads, and trade show activity across the U.S. and Canada to increase our "closing rate" and ensure the highest levels of customer satisfaction. b. Enterprise Software: Stertil-Koni uses a powerful enterprise software system from SAP to closely track inventory, product shipments, sales, warranty claims, and financial results to further ensure the superior reviews in terms of customer support and satisfaction. All Sourcewell-related sales are also tracked in our digital record-keeping system. C. Real-time Communications Systems: Stertil-Koni utilizes the latest technologies to provide real-time communications with our sales team, distributors and customers, including: a 2417 customer hotline, smart phones, iPads, laptop computers, website updates, email communications, eBiasts, blog, password-protected extranet and social media. d. Google Analytics: Website tracking and performance is reviewed daily and Stertil-Koni continuously strives to boost our website visibility, unique visitor count, page views, time-on- site and Search Engine Optimization (SEO). e. Constant Contact Email Marketing: Stertil-Koni uses a proprietary, opt-in contact list of more than 35,00 individuals — grown organically over the past 24 years —to deliver weekly product, contract, and service updates that are in turn monitored for "Opens" and "Click- through" rates." Performance, in terms of messaging and imagery, is evaluated continuously, and we modify our techniques to enhance customer "Opens," "Click-Throughs," and information requests. f. Vimeo and YouTube: Stertil-Koni maintains a company "channel" on our website that features 37 videos. Company marketing and product videos are distributed regularly via two of the most broadly used video delivery systems — YouTube and Vimeo. g. Video Conferencing: Stertil-Koni regularly uses WebEx, Skype, GoToMeeting and join.me. Use of the Internet Communicating via the Internet is also fundamental to Stertil-Koni's marketing focus, including: i) Website: www.Stertil-Koni.com ii) Blog: www.Vehic[eLiftConnecbon.com iii) Social Media — Facebook, Twitter, Instagram, Linkedin iv) Email "Blasts" and Tracking: Constant Contact v) Extranet: 24/7 access for distributors and sales personnel to obtain specifications, drawings, manuals, brochures and latest product updates vi) CRM System: Zoho vii) Video Conferencing: WebEx, Skype, GoToMeeting, join.me Bid Number: RFP 013020 Vendor Name: Stertil-Koni USA, Inc. DocuSign Envelope ID:F44ABAF0-DID9,4EC8-B4E5-320FE6CF2241 34 In your view, what is Sourcewell's role Stertil-Koni is proud to have extensive experience working in partnership with Sourcewell in in promoting contracts arising out of terms of promoting our existing Contract #061015-SKI. Looking ahead, Sourcewell will also this RFP? How will you integrate a have a key role in promoting a new contract arising out of this RFP, with highlights as Sourcewell-awarded contract into your follows: sales process? Sourcewell literature and graphics to be displayed at Stertil-Koni's extensive trade show schedule of events (+100 trade shows per year); Sourcewell executive to participate at Stertil-Koni's Annual Distributor Meeting — our single most important sales event of the year — and make a major presentation to all our key leadership and sales personnel regarding the tremendous opportunities afforded by the Sourcewell contract; Sourcewell to issue its own press release announcing that Stertil-Koni has been awarded a contract for "Vehicle Lifts, with Garage and Fleet Maintenance Equipment." For our part, Stertil-Koni will integrate a Sourcewell-awarded contract into our sales process with details below: Immediately upon the contract award, SK will contact all employees and distributors with news of the award, and that same day, initiate our high-impact marketing campaign. Sales personnel will be the first to be targeted. Hence, our campaign, emphasizing the contract award, will instantly reach Stertil-Koni's in-house sales personnel, totaling 13 top professionals located strategically across North America as well as our entire distributor network, totaling 30 distributor companies and approximately 100 salespeople in the U.S. and Canada. It is our firm commitment that each Sterfil-Koni sales representative and distributor will receive pertinent and timely information about the Sourcewell award and pricing within 24 hours of contract award, with ongoing briefings and follow-up. Stertil-Koni website will feature news of the contract award on our homepage (please see sample on the attached graphic). A Stertil-Koni press release will announce the contract award, to be distributed via PR Newswire to our extensive media contact list. Sourcewell will receive prominent placement on our website's 'How to Buy" page (please see attached example). Stertil-Koni will deliver an eBlast to our opt-in list of +35,000 via Constant Contact (sample attached) and continue to inform this key audience regarding the opportunity to purchase our lifting systems, shop equipment, and accessories via the Sourcewell contract. Trade show presence in terms of Sourcewell literature and banners (sample attached). Sourcewell presentation, by a senior Sourcewell executive, at the Stertil-Koni Annual Distributor Meeting. Stertil-Koni Marketing will design and run select banner ads in key industry trade publications (sample attached). 35 Are your products or services At the current time, market forces have shown —and Stertil-Koni concurs — that the available through an e-procurement company's heavy duty vehicle lifting systems are not yet applicable for an E-procurement ordering process? If so, describe your process, particularly given the complexity of the systems and the consultative manner in e-procurement system and how which they are evaluated and sold. governmental and educational customers have used R. That said, Stertil-Koni does make every effort to achieve and expand its online visibility for its full range of products, accessories and service. Our entire product line, range of comprehensive shop equipment and accessories are available online at www.Stertil-Koi.com with product detail available as follows: Stertil-Koni Product Catalog; and Stertil-Koni Shop Equipment and Accessories. Table 8:Value-Added Attributes --------------77...... � ult; ,04 I 4o Bid Number: RFP 013020 Vendor Name: Stertil-Koni USA, Inc. DocuSign Envelope ID:F44ABAF0-D1D9-4EC8-B4E5-320FE6CF2241 36 Describe any product, equipment, All equipment provided by Stertil-Koni and our network of dedicated distributors includes maintenance, or operator training equipment setup and operational training as standard. At any time after the initial sales, the programs that you offer to Stertil-Koni group can provide additional operator training. Further, training material is always Sourcewell Members. Include available in print, web and video formats. Also, when requested by the end-user, Stertil-Koni details, such as whether training is will additionally provide maintenance training on our equipment and accessories. standard or optional, who provides training, and any costs that apply. In addition, SK holds regular, ongoing sales and product training meetings at multiple locations around the U.S. At those meetings, equipment maintenance, and training is conducted and evaluated in detail. 37 Describe any technological Stertil-Koni is the recognized innovation leader in the heavy-duty vehicle lift industry. Stertil- advances that your proposed Koni holds numerous patents in the United States and Canada for our lifting methods, products or services offer. engineering design, and support systems. Many of the products offered by Stertil-Koni are unique and are not available from other manufacturers. For example, Stertil-Koni was the first manufacturer to offer a green lifting solution for mobile lifting columns and now offers a control system — called ebright Smart Control System — that incorporates a 7-inch; full-color touch screen, much like a computer tablet, for human/machine interface. This solution puts all the operations of the vehicle lift directly at the fingertips of the person who needs the information most — the busy technician on the shop floor. Further, future updates can be provided via software downloads; performance tracking is captured in a "black box" environment; and, the touch-screen interface is quick, easy-to-use and intuitive. Please note that the ebright Smart Control System is ALI/ETL certified and unmatched in the industry. Highlights of what the ebright Smart Control System will be capable of include: A high resolution, brightly illuminated, full-color, a 7-inch screen Touch screen control, even when the technician is wearing gloves Owner/user-configurable options, including choice of language and personalized ID key to protect against unauthorized use Presentation of all relevant information at a glance Up to 16 mobile columns fully synchronized in a single set. Modeled on the conceptual benefits of today's computer tablets, features of the ebright Smart Control system will include such vital data as maintenance notifications, programmable lifting- height settings, tracking of specific operations, information codes and even the operator manual. Because Stertil-Koni always puts the customer first — and views the delivery of data to our end users as a key support element, further distinguishing our product line - the ebright Smart Control System will be fully integrated into all of SK's heavy-duty lifting systems within the next 1-3 years (depending on model). 38 Describe any "green" initiatives At Stertil-Koni, the leader in heavy-duty vehicle lifts, we've taken green technology to new that relate to your company or to heights in both mobile column lifts and in-ground lifts. Our highly regarded EARTHLIFT is your products or services, and the first hydraulic green mobile column lift in the industry. Its columns are made with include a list of the certifying components that are 98% recyclable and the Active Energy Retrieval System (AERS) allows agency for each. operators to achieve 50% more lifting cycles at maximum lifting load. What's more, the on- screen display highlights the AERS system, enabling the operator to see savings in real- time. EARTHLIFT also uses a closed hydraulic system that contains bio-degradable fluid and the batteries are 100% recyclable. Many maintenance facilities also utilize in-ground lifts. That's why Stertil-Koni pioneered with the introduction of our U.S. - and Canadian-patented ECOLIFT, with lifting capacity up to 90,000 lbs. It is the industry's original ultra-shallow, full-rise in-ground axle engaging lift. In addition, ECOLIFT uniquely combines high pressure, low volume hydraulics and only requires 3.5 gallons of fluid per scissor — and the hydraulics and electrical components are contained in a free-standing console above ground for easy access. This lift ensures sizeable cost savings on construction and installation and can be utilized in existing workshop pits and even at locations with high water tables. Stertil-Koni also recently introduced the DIAMONDLIFT, an in-ground telescopic piston lift setting new standards in heavy-duty lifting. Each piston uses less than five gallons of biodegradable hydraulic fluid. Plus, all DIAMONDLIFT cassettes are fully self-contained thanks to Stertil-Koni's exclusive DiamondGuard coating. This unique compound ensures that hazardous shop fluids do not enter the environment. In that way, soil contamination is not a concern. Bid Number: RFP 013020 Vendor Name: Stertil-Koni USA, Inc. DocuSign Envelope ID:F44ABAF0-D1D9-4EC8-B4E5-320FE6CF2241 39 Identify any third-party issued eco- Virtually all heavy-duty Stertil Koni heavy-duty (HD) lifting products carry the Automotive Lift labels, ratings or certifications that Institute (ALI) gold label. your company has received for the equipment or products included in In addition, Stertil Koni is an ISO 9001 certified company and in fact, was the first lift your Proposal related to energy company in the world to acquire ISO 9001 certification. efficiency or conservation, life-cycle design (cradle-to-cradle), or other Furthermore, Stertil Koni is the most environmentally friendly company in the HD lifting world. green/sustainability factors. We manufacture products that meet the "green standard" criteria. Toward that end, we have designed HD lifts with full-color touch screen control that provide solutions to save energy. We have designed a feature called the Active Energy Retrieval System (AERS) The AERS allows the operator to achieve up to 50 lifting cycles without battery recharging. The ingenious concept allows the motor to reverse counter-clockwise and automatically recharge the battery during the downward motion. This saves the end-user thousands of dollars per year in electricity usage given the fact that the type of equipment used by Stertil Koni requires 220/460 volts. As such, 98% of the materials are recycled materials. Such life cycle design parameters mean that Stertil-Koni is at the forefront of product design and application. 40 Describe any Women or Minority Stertil-Koni USA, Inc. makes a concerted, proactive effort to partner with WMBEs and SBEs Business Entity (WMBE), Small whenever possible. Kindly note that our line of business is highly specialized and there are, Business Entity (SBE), or veteran to date, a limited number of companies in these categories that are currently handling fleet owned business certifications that maintenance-related product lines. your company or hub partners have obtained. Upload Stertil-Koni USA has also outsourced its corporate IT hardware and software services to a documentation of certification (as Service Disabled Veteran Owned Business (SDVOB) company, Corsica Technologies, applicable) in the document upload headquartered in Centreville, MD 21617. section of your response. Stertil-Koni USA proactively and aggressively solicits Minority and Women-owned Business Enterprises (MWBEs) for all trucking services. We are currently soliciting quotes from AIT Worldwide Logistics, Middleburg Heights, OH 44130, Expedited Transportation Services, Loganville, GA 30052 and Davis Freight Management Inc., Alden, NY 14004. All three companies are approved MWBEs by the State of New York. If Stertil-Koni USA is awarded a contract with Sourcewell, our goal will be to expand our utilization of WMBEs and SBEs for the trucking services resulting from the Sourcewell contract. Toward that end, Stertil-Koni USA will identify several national and global freight agencies that have existing MWBE and/or SBE accreditation in good standing. 41 What unique attributes does your Additional unique, custom and value-added attributes of the Stertil-Koni product line of company, your products, or your particular note is our company's dedication to "going green." As such, SK has developed a services offer to Sourcewell number of ecologically enhanced products. The flagship of this effort is the Stertil-Koni Members? What makes your EARTHLIFT. proposed solutions unique in your industry as it applies to Sourcewell True to its name, this award-winning mobile lifting system features columns that are made members? with components that are 98% recyclable and the Active Energy Retrieval System (AERS) allows operators to achieve 50% more lifting cycles at maximum lifting load. Thus, users realize an average of up to 45 or 50 lifting cycles on a standard-sized transit bus without recharging. In addition, EARTHLIFT uses a closed hydraulic system that contains biodegradable fluid and the batteries are 100% recyclable. In terms of in-ground heavy duty lifting systems, Stertil-Koni pioneered "green" lifting with the introduction of its U.S. and Canadian patented ECOLIFT, with lifting capacity up to 90,000 lbs. It is the industry's original ultra-shallow, full-rise in-ground axle engaging lift. In addition, ECOLIFT uniquely combines high pressure, low volume hydraulics and only requires 3.5 gallons of fluid per scissor. In addition, the hydraulics and electrical components are contained in a free-standing console above ground for easy access. This lift ensures sizeable cost savings on construction and installation and can be utilized in existing workshop pits and even at locations with a high water table. Stertil-Koni has also gone green with its recently introduced DIAMONDLIFT. It is a self- contained telescopic piston lift, with a capacity up to 105,000 tbs., and delivers the best in a traditional lifting approach and then integrates modern materials with the latest engineering for optimal performance, safety, and environmental containment. Each piston uses less than five gallons of biodegradable hydraulic fluid. Plus, all DIAMONDLIFT cassettes are fully self- contained to ensure that hazardous shop fluids do not enter the environment. Bid Number: RFP 013020 Vendor Name: Stertil-Koni USA, Inc. DocuSign Envelope ID:F44ABAF0-D1D9-4EC8-64E5-320FE6CF2241 42 Identify your ability and willingness Canada is the 9th largest economy in the world based on a nominal GDP basis (current to provide your products and prices, U.S. dollars) and the 14th largest based on GDP (Purchasing Power Parity). Since services to Sourcewell member the 2008 global financial crisis, the Canadian economy has re-emerged as one of the agencies in Canada. strongest and most advanced business climates in the world. The importance of Canadian sales to Stertil-Koni is extremely significant. In 2014, the sales from Canadian customers represented 21% of total SK sales, coming primarily from the strong economies of Alberta and Ontario. In fact, two of the top five Stertil-Koni distributors are located in, and service Canada. Therefore, Canada is an important and vital part of Stertil-Koni's total operation. Historically, Canadians have devoted significant money and resources to refurbish maintenance shops and on a proportional basis, have modernized their vehicle maintenance operations at a quicker pace than comparable American counterparts. To that degree, Stertil Koni is seeing a spirited effort toward overall lift replacement and refurbishments of municipal shops throughout Canada. Stertil-Koni's representation in Canada is deep and meaningful. We enjoy two primary distributors. a. Westvac, situated in Edmonton Alberta services British Columbia where they have a brick and mortar office as well as Alberta and Manitoba. b. Novaquip, the other distributor, sells and services Stertil Koni products in Ontario, Quebec, and Newfoundland. Novaquip has done substantial business with the Toronto Transit Commission (TTC), one of the largest transit operations in the world and is currently involved in the refurbishments of approximately 130 in-ground lifts throughout the 7+ TTC garages. This on-going project will last many more years and Novaquip is at the heart of the upgrades for these maintenance depots. Stertil-Koni is focused on improving and growing sales from Canadian customers and given their cultural and geographical proximity to the U.S., we believe that Sourcewell can play a significant role in enhancing those overall efforts. It is also important to stress that as a global company, Stertil-Koni has sister operations in a number of key countries worldwide, notably: The Netherlands, Germany, Italy, France, the U.K. and Ireland, Turkey, Poland, and China. Bid Number: RFP 013020 Vendor Name: Stertil-Koni USA, Inc. DocuSign Envelope ID:F44AAF0-D1D9-4EC8 E5.320FE6CF2241 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 Qe> ti�n Repop ` Rem 43 Do your warranties cover all products, parts, and All of our products are covered by our warranty. Our standard warranty is 1- labor? year labor, 2 years parts, and 5 years parts only on hydraulic cylinders used in our mobile lifting columns and a lifetime parts-only warranty on nylon guide rollers used in SK lifting products that utilize such rollers. (Attachment 11) 44 Do your warranties impose usage restrictions or We do have two instances where the warranty is limited other limitations that adversely affect coverage? (a) This warranty does not apply where equipment has been damaged due to abnormal wear, misuse, overloading, accident (including shipping), improper maintenance, alteration, improper fluid maintenance, or other causes `not the result of defective materials or workmanship." (b) Stertil-Koni lifting equipment must be installed and serviced by Stertil-Koni factory trained and Stertil-Koni factory-authorized service technicians. Stertil- Koni lifting equipment not installed and serviced by Stertil-Koni factory trained and Stertil-Koni factory-authorized service technicians will result in a voided warranty. 45 Do your warranties cover the expense of Yes, under the one (1) year labor timeframe of our warranty. Past the one technicians' travel time and mileage to perform (1) year, technicians' travel and time are billable. warranty repairs? 46 Are there any geographic regions of the United Not applicable: Stertil-Koni covers all geographic regions of the U.S. States (and Canada, if applicable) for which you Warranty service is handled through our network of distributors. Each cannot provide a certified technician to perform distributor has an assigned geographic area they are responsible to cover. warranty repairs? How will Sour ell Members in See attachment 10 for the distributor listing. these regions be provided service for warranty repair? 47 Will you cover warranty service for items made by Yes. All of our products are covered by our standard warranty - 1-year labor, other manufacturers that are part of your proposal, 2 years parts. or are these warranties issues typically passed on to the original equipment manufacturer? 48 What are your proposed exchange and return The advanced heavy-duty lifting systems and related products offered by Stertil- programs and policies? Koni to Sourcewell members are provided after the completion of a comprehensive consultative sales process. Stertil-Koni, and our network of dedicated distributors, pride ourselves on the level of interaction we have with our customers to ensure the end-user gets the specific equipment to fit his or her needs. As such, Stetil-Koni has not experienced the need to take the product back as returned. But, rest assured that customer satisfaction is the controlling principle at Stertil-Koni; and, if we could not satisfy the customer, we would gladly allow the product to be returned with no penalties. If a product needed to be exchanged due to a problem that could not be remedied in the field, Stertil-Koni would exchange this product for an identical product and provide shipping both ways for the exchanged product. 49 Describe any service contract options for the items Because the type of equipment that Stertil-Koni sells (with the exception of included in your proposal. mobiles) requires an installation phase or several installation phases there are various options for both installation and post-sale service requirements that are performed by our distributors. Such options are generally speaking specifically given the particular equipment and demands and needs of the customer. As such, they are generally individualized approaches suited to the particular needs and requirements of individual customers. Obviously Sourcewell would benefit from such options. Bid Number: RFP 013020 Vendor Name: Stertil-Koni USA, Inc. DocuSi n Envelope ID:F44ABAFG-D 1 D9-4EC8 E5-320FE6CF2241 Table 10: Payment Terms and Financing Options Line KernQuestion Response 50 What are your payment terms (e.g., net 10, net 30)? Stertil-Koni's payment terms are Net 30 51 Do you provide leasing or financing options, especially Not applicable: Stertil-Koni does not have a leasing plan or financing those options that schools and governmental entities may options available at this time. need to use in order to make certain acquisitions? 52 Briefly describe your proposed order process. Include The Dealer Network (Stertil- oni's distributors) will be instrumental in enough detail to support your ability to report quarterly the overall success of the Sourcewell i Stertil-Koni USA partnership sales to Sourcewell as described in the Contract template. and as such they will be very involved in the sales and order For example, indicate whether your dealer network is processing procedure. included in your response and whether each dealer (or some other entity) will process the Sourcewell Members' As it relates to the specific ordering process, we require that purchase orders. purchase orders from Sourcewell Members be issued to Stertil-Koni USA, rather than the Dealer Network. Of course, the distributors will be the main source of sales and the principal contact point with a Sourcewell Member as it relates to product demonstrations, setup and training, and regular customer service questions. That said, when it comes to issuing a purchase order, our distributors will know that the purchase order process is centralized. A centralized ordering point is also how the Stertil-Koni GSA contract is set up, and that procedure has worked extremely well. In fact, over the 10 years, we have held the GSA contract, all parties involved have had a very good experience with this arrangement. There are two main reasons why we recommend a centralized ordering point a) Consistency, accuracy and contract compliance. All of our distributors are independent third panties. As such, it would be virtually impossible for Stertil-Koni USA to guarantee contract compliance as it relates to pricing, discounts, and other terms and conditions if we don't see each purchase order. Thus, the only way Stertil-Koni USA can guarantee 100% compliance is by processing all orders directly, b) Reporting: Centralizing all purchase orders through Stertil-Koni USA will also ensure that all sales are included in calculating and payment of the administrative fee to Sourcewell. We want to emphasize that one of Stertil-Koni USA's great strengths lies within our highly customer-oriented Dealer Network. Even though the purchasing process is centralized, all Sourcewell Members will receive the same level of service and follow up as if they placed their purchase orders locally. Therefore, Stertil-Koni USA requires that all purchase orders from Sourcewell Members shall be issued to Stertil-Koni USA, Inc. y: E-mail: orders stertil-koni. m Mail: Stertil-Koni USA, Inc., 200 Log Canoe Circle, Stevensville, MD 21666 Fax: +1 410-643-8901 53 Do you accept the P-card procurement and payment No. At the current time, Stertil-Koni does not accept the P-card and process? If so, is there any additional cost to Sour ell payment process. However, we are open to exploring the opportunity. Members for using this process? Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP,the template Contract,and the Sourcewell Price and Product Change Request Form. [too. Its Bid Number: RFP 013020 Vendor Name: Stertil-Koni USA, Inc. DocuSign Envelope ID:F44ABAF0-D1D9-4EC8-B4E5-320FE6CF2241 54 Describe your pricing model (e.g., line-item discounts or Stertil-Koni publishes and regularly updates a price list that contains product-category discounts). Provide detailed pricing data all items that will be offered to Sourcewell members. At the same (including standard or list pricing and the Sourcewell time, there are a limited number of Open Market items, such as discounted price) on all of the items that you want product installation for fixed rifts, which are not found on the Sourcewell to consider as part of your RFP response. If published price list but are negotiated with, and agreed upon in applicable, provide a SKU for each item in your proposal. partnership with the end-user before consummation of the sale. The Upload your pricing materials (if applicable) in the document Purchase Order for an item of this type is always directed to Stertil- upload section of your response. Koni. Canada: On request, Stertil-Koni USA, Inc. will provide quotes in Canadian Dollars that will remain valid for 30 days. 55 Quantify the pricing discount represented by the pricing Stertil-Koni is pleased to be provided with this opportunity by proposal in this response. For example, if the pricing in Sourcewell. We realize the value of purchasing contracts and look your response represents a percentage discount from MSRP forward to a favorable outcome in our proposal to Sourcewell. Stertil- or list, state the percentage or percentage range. Koni intends to offer Sourcewell a very favorable discount off the list price as displayed in our published price list. The discounts on Stertil- . Koni lifting systems will be as follows: For the purchase of 1 lifting system: 29% off list price For the purchase of 2-7 lifting systems: 32% off list price For the purchase of 8 or more lifting systems: 33.5% off list price 56 Describe any quantity or volume discounts or rebate For the purchase of 1 lifting system: 29% off list price programs that you offer. For the purchase of 2-7 lifting systems: 32% off list price For the purchase of 8 or more lifting systems: 33.5% off list price 57 Propose a method of facilitating "sourced" products or All Stertil-Koni lifting system products will be offered as part of the related services, which may be referred to as "open market' Sourcewell contract. With regard to "Open Market' items as they items or "nonstandard options". For example, you may relate to Stertil-Koni, these typically would be for infrastructure repairs supply such items "at cost" or "at cost plus a percentage," associated with fixed machinery (i.e., in-ground lifting systems, two- or you may supply a quote for each such request. post, four-post and platform lifts). In those instances: a. Strategy: i. Sourcewell member will work with the Stertil-Koni distributor in the member's territory to establish a fair and reasonable price for the Open Market item/s. b. Process: i. Stertil-Koni's distributor will alert Stertil-Koni to the request and communicate the details to the Sourcewell member and Stertil-Koni. C. Specific Method: i. The Sourcewell member will add the agreed-upon Open Market item on the PO, which is submitted directly to Stertil-Koni. 58 Identify any element of the total cost of acquisition that is Total "Costs of Acquisition" charges not included in "Pricing" NOT included in the pricing submitted with your response. submitted in the Stertil-Koni proposal are: This includes all additional charges associated with a a. Installation of fixed equipment lifting systems (e.g., in-ground purchase that are not directly identified as freight or piston and scissor lifts, platform lifts, two-post and four-post lifts): shipping charges. For example, list costs for items like pre- These costs are Open Market costs to be agreed upon between the delivery inspection, installation, set up, mandatory training, or Sourcewell member and the Stertil-Koni distributor. initial inspection. Identify any parties that impose such costs b. Freight: FOB Stevensville and their relationship to the Proposer. 59 If freight, delivery, or shipping is an additional cost to the All shipping and delivery is FOB Stevensville, at cost. Sourcewell Member, describe in detail the complete freight, shipping, and delivery program. By way of further background, Stertil-Koni has a dedicated Logistics Department at the company's headquarters in Stevensville, Maryland, that works with numerous, high-quality shipping companies throughout the United States and Canada. With the unique shape, weight and transportation considerations of our equipment, Stertil-Koni has developed a very responsive transportation network. We have very competitive rates with all our carriers and have an outstanding record of less than 0.1% in freight damage using our methods. In sum, Stertil-Koni does not markup freight charges, only invoicing for exact charges for equipment shipments. 60 Specifically describe freight, shipping, and delivery terms or Stertil Koni products offered to Sourcewell members are priced FOB programs available for Alaska, Hawaii, Canada, or any Stertil-Koni in Stevensville, Maryland. As such, the original expense offshore delivery. to ship product to the user is paid by the user at the time of sale. This includes all locations. In accordance with the exchange and return policy stated above, and to ensure radical customer service, Stertil Koni would provide for shipping as needed to return or exchange a product that did not satisfy the end-user (at SK expense). Bid Number: RFP 013020 Vendor Name: Stertil-Koni USA, Inc. DocuSign Envelope ID:F44ABAF0-D1D9-4 CB-B4E5-320FE6CF2241 61 Describe any unique distribution and/or delivery methods or As previously described delivery of equipment outside the continental options offered in your proposal. US generally will require the use of containerized vessels to various ports. For example, we provide ECOLIFT's to San Juan Puerto Rico and those lifts can only be provided by including them in a sealed container which is a unique delivery method. 95% of the time our equipment can be included on common carriers. Table 12: Pricing Offered Line Item The Pricing 01-fered in this Propo"11 is,;* comments 62 b.the same as the Proposer typically offers to GPOs,cooperative procurement organizations,or state purchasing 29% off list price. See departments. attachment number 11 Table 13:Audit and Administrative Fee Line Nero Cku0stiaa Response onse 63 Specifically describe any self-audit process or program that you In order to ensure contract compliance and proactively avoid plan to employ to verify compliance with your proposed Contract potential errors, Stertil-Koni has established procedures and with Sourcewell. This process includes ensuring that Sourcewell systems in place. These procedures and systems were driven Members obtain the proper pricing, that the Vendor reports all sales in part to fully comply with existing purchasing contracts, such under the Contract each quarter, and that the Vendor remits the as Stertil-Koni USA's GSA schedule. Regarding the order proper administrative fee to Sourcewell. processing side of the business, we have multiple checkpoints in place. a) The purchase orders from Sourcewell customers will be reviewed by two different members of the staff. b) All customer purchase orders are also checked for pricing, discount, and all other terms and conditions before the order is entered into the SAP system. We have implemented this order entry review process to catch pricing and discount anomalies prior to the order being inputted into our system. c) Finally, we check the invoice for pricing and discount compliance before the invoice is sent to the customer. Consequently, if there should be an error in the original quote, an error in the purchase order from the Sourcewell customer, or an incorrect order entry input on Stertil-Koni USA's end, it will be discovered in our billing department before we create the invoice. Regarding sales reporting to Sourcewell and contract fees payable to Sourcewell, we will "tog" all sales arriving from the Sourcewell contract with a special code in SAP. The tagging will be done in the Order Entry Department This process will not be unique to Sourcewell but is part of all order entries. This is also the same procedure and system we are currently using for GSA sales and contract fee reporting. A recent GSA audit confirmed that the procedures and systems we have in place are working very well. The GSA auditor was very pleased with the audit, the procedures, and systems in place at Stertil-Koni USA. 64 Identify a proposed administrative fee that you will pay to Stertil-Koni proposes an administrative fee, payable to Sourcewell for facilitating, managing, and promoting the Sourcewell Sourcewell for contract facilitation, management, and Contract in the event that you are awarded a Contract. This fee is promotion of the Sourcewell contract, of 1,75% typically calculated as a percentage of Vendor's sales under the Contract or as aper-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 013020 Vendor Name: Stertil-Koni USA, Inc. DocuSin Envelope ID:F44AAF0-D1D9-4C8- E5-320FE6CF2241 Table 14: Industry Specific Questions Line Questort Response Item 65 If you are awarded a contract, provide a Because Stertil Koni is an ISO-9001 based company we apply the principles of ISO few examples of internal metrics that will 9001 in everything we do. We have very sophisticated order entry systems that be tracked to measure whether you are ensure that the customer is receiving the applicable equipment We have an having success with the contract. elaborate set of criteria that compare order attribution, with ordering confirmation and subsequently delivery parameters. We have a Smith School (University ofMaryland) graduate on our staff. Smith School has one of the best highly rated acquisition programs in the United States and we take education and training on the part of our personnel very seriously. Many measures of control are integrated into all of the trackings that we perform. In addition, we have post-audit processes in place that are approved by Ernst and Young one of the foremost auditing firms in the world. 66 Identify any oertificabon(s) that your As previously mentioned, SK's products are virtually all ALI (third party certified) business or the products included in your approved which means that the customer receives products that are UL, NEC, NFPA, proposal have attained or received. and OSHA certified. We are also moving into the area of shop equipment and while it has not yet taken place all such equipment shall be PACE certified as well. 67 Describe the ability to adapt your products Generally speaking, Stertil Koni makes every effort to foresee and anticipate product through modification or replacement to obsolescence in the design of our equipment For example, Stertil Koni will be address obsolescence resulting from introducing a new generation of mobile lifts in 2021 which will include features advances in technology. unheard of and extremely forward-thinking. Rather than leave the thousands of customers with pre-existing technology we will make sure that the new generation mobile is compatible with older models from a software perspective. 68 For installation, repair, maintenance or Stertil Koni is a member of the Automotive Lift Institute (ALI) as such we promote warranty services included in your and support the ALI inspector certification program. Our SK factory service people proposal, describe the training and/or are ALI inspector certified as are a great majority of our distributors. Therefore, certifications held or received by your certification is an important component of the SK service network. service force. 69 Describe your capabilities as it relates to SK maintains a minimum of $1 million in spare parts for all of the products that we the serviceability of the products included sell and service. SK uses a very sophisticated program called Velogix which ensures in your proposal (parts availability, continued spare parts availability and assured delivery dates. In addition, SK employs response times, technical support, etc.). many full-time service personnel that are continually waking with our dedicated distributor base and provide training. For example, we are conducting 2 service schools in 2020 that ensure that our distributors have the latest training and technical information available. Table IS: Exceptions to Tenns, Conditions,or Specifications Form Line Item 70.N TIC :To identify any exception,or to request any modification,to the Sourcewell template Contract terms,conditions,orspecifications,a Proposer must submit the exception or requested modification on the Exceptions to Terms,Conditions,or Specifications Form immediately below.The contract section,the specific text addressed by the exception or requested modification,and the proposed modification must be identified in detail. Pro poser's exceptions and proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract Contract Section Term,Condfio6 or "cifx ti Exception or Proposed Modification, 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. . 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. .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 Bid Number: RFP 013020 Vendor Name: Stertil-Koni USA, Inc. DocuSign Envelope ID:F44ABAF0-D1D9-4EC8-B4E5-320FE6CF2241 zipped file contains more than one(1)document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as"Marketing Plan." • Financial Strength and Stabilit -Attachments 1-3,6-SK USA Financial Statements-MD Certificate of Good Standing.zip- Thursday January 30,2020 09:38:58 • Marketing Plan/Samples-Marketing Samples-Product Catalog-Shop Equipment Catalog.zip-Thursday January 30,2020 10:18:13 • WMBE/MBE/SBE or Related Certificates (optional) • Warranty Information-Attachment 11 -Warranty Policy.pdf-Thursday January 30,2020 08:54:54 • Pricing-Commercial and Sourcewell Price List.zip-Thursday January 30,2020 10:21:40 • Additional Document-Attachments 4,5,7,8,9,10-Reseller Authorizations-ALI Certifications-Sales Force-Distributor List.zip- Thursday January 30,2020 10:56:48 Bid Number: RFP 013020 Vendor Name: Stertil-Koni USA, Inc. DocuSign Envelope ID:F44ABAF0-DiD9-4EC8-B4E5-320FE6CF2241 Proposers Assurance of Comp PROPOSER ASSURANCE OF COMPLIANCE PROPOSER'S AFFIDAVIT The undersigned,authorized representative of the entity submitting the foregoing proposal (the"Proposer"),swears that the following statements are true to the best of his or her knowledge. 1. The Proposer is submitting its proposal under its true and correct name,the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses,or will possess before delivering any products and related services, all applicable licenses necessary for such delivery to Sourcewell member agencies.The undersigned affirms that he or she is authorized to act on behalf of,and to legally bind the Proposer to the terms in this Contract. 2. The Proposer,or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of Sourcewell,or any person,firm, or corporation under contract with Sourcewell,in an effort to influence the pricing,terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP. 3. The contents of the Proposer's proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or agent of the Proposer and will not be communicated to any such persons prior to the official opening of the proposals. 4. The Proposer has examined and understands the terms,conditions,scope,contract opportunity,specifications request,and other documents in this solicitation and affirms that any and all exceptions have been noted and included with the Proposer's Proposal. 5. The Proposer will, if awarded a Contract, provide to Sourcewell Members the/products and services in accordance with the terms, conditions, and scope of this RFP,with the Proposer-offered specifications, and with the other documents in this solicitation. 6. The Proposer agrees to deliver products and services through valid contracts, purchase orders,or means that are acceptable to Sourcewell Members. Unless otherwise agreed to,the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract. 7. The Proposer will comply with all applicable provisions of federal,state,and local laws, regulations, rules,and orders. 8. The Proposer understands that Sourcewell will reject RFP proposals that are marked"confidential"(or"nonpublic,"etc.), either substantially or in their entirety. Under Minnesota Statute§13.591, Subd.4,all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded.At that point, proposals generally become public data. Minnesota Statute§13.37 permits only certain narrowly defined data to be considered a"trade secret,"and thus nonpublic data under Minnesota's Data Practices Act. The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic,and it agrees to defend and indemnify Sourcewell for reasonable measures that Sourcewell takes to uphold such a data designation. P 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. - Kellie Boehm,Administrative Sales Manager,Stertil-Koni USA, 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 rs No Bid Number: RFP 013020 Vendor Name: Stertil-Koni USA, Inc. ovouaign Envelope ID:ux4oBFuo-Cmos-4uoo-Boso-6pzou*4001o* �K��0[lp��0l- �1 r�/v/�/v��/x/uv / rr�� TO ��0 ��� ����_�0 .~,�/v / /°�.~ / ���������n. THIS AMENDMENT is by and between Sourcewell and Stertil-Koni USA Inc. (Vendor). Vendor has a SourcevveU Contract for Vehicle Lifts, with Garage and Fleet Maintenance Equipment relating to the provision of services by Vendor and to Sourcewell and its Members (Original Agreement). The parties agree that certain terms within the Original Agreement will be updated and amended and only to the extent as hereunder provided. IN CONSIDERATION OF the mutual covenants and agreements described in this Amendment, the parties agree asfollows: 1. This Amendment is effective upon the date of the last signature below. 2. Section ZO. Insurance, Subsection A. Requirements, Item 6 Network Security and Privacy Liability Insurance of the Original Agreement is modified to reduce the minimum limits required from $2`OOO,OOOto now$l,OOO,OOO per occurrence and annual aggregate. Remainder of this page intentionally left blank. DocuSign Envelope ID:834CBF8C-C6D6-4852-88ED-6F2C894B01D9 Except as amended by this Amendment, the Original Agreement remains in full force and effect. Sourcewell Stertil-Koni USA Inc. ZQ� pocuSigned by: DocuSigned by: PV: ,V�,�y Sc(�Gvayf� gYAutho,, COFD2A139D06489... Autl IOi, _, .I B914A062246B... Jeremy Schwartz Kellie Boehm Name—Printed Name— Printed Title: Director of Operations & Procurement/CPO Title: Administrative Sales Manager Date: 1/25/2021 1 2:43 PM CST Date: 1/25/2021 1:08 PM CST Sourcewell—APPROVED: J1//PP�IID�1 occuftneed�b�y�'. B l/vaw l v A lJth o, 7E42B6F817A64CC... Chad Coauette Name— Printed Title: Executive Director/CEO Date: 1/25/2021 1 2:51 PM CST Page 2 of 2