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Item F08
F8 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 James K.Scholl,District 3 m' David Rice,District 4 Board of County Commissioners Meeting November 8, 2023 Agenda Item Number: F8 2023-1712 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Willie DeSantis N/A AGENDA ITEM WORDING: Approval to enter into an Agreement with Daikin Applied Americas Inc. ("Daikin Applied") to replace four(4) Air Handlers at the Stock Island Detention Center and two (2) Chillers at the Department of Juvenile Justice Building on Stock Island in the total amount of $908,241.44 utilizing an original contract through OMNIA Partners cooperative purchasing program with Cooperative Purchasing Contract Number R200401 between the Board of Directors of Region 4 Education Service Center(ESC) in Texas and Daikin Applied Americas Inc. effective October 1, 2020, with a renewed termination date of September 30, 2025. Facilities Maintenance Dept. will be utilizing this contract for the purchase with funding from America Rescue Plan Act sources. ITEM BACKGROUND: The Air Handlers at the Stock Island Detention Center and the Chillers at the Department of Juvenile Justice Building on Stock Island have outlived their lifespan. Staff has been working with our region's Daikin Applied Americas Inc. ("Daikin Applied") account manager to procure these items turnkey through the OMNIA Partners Cooperative purchasing program under Contract Number R200401 between the Board of Directors of Region 4 Education Service Center(ESC) in Texas and Daikin Applied Americas Inc. ("Contract Number R200401"). This Daikin Applied contract allows for HVAC Equipment, Installation, Services, and Related Products. These turnkey items include purchase, delivery, removal and disposal of old units, installation,piping, and electrical hook-up for the equipment. A Request for Proposals was issued and Contract Number 200401 was subsequently entered into between the above parties with an initial term of three (3) years effective October 1, 2020, through September 30, 2023, with the option to renew for two (2) additional one-year periods. The contract was renewed on April 25, 2023, with a new expiration date of September 30, 2024. The underlying applicable RFP and Contract documents are attached. Staff seeks approval to utilize the Cooperative Purchasing Contract Number 200401 and enter into an Agreement with Daikin Applied to replace the air handlers for $412,000.00 and chillers for $496,241.44 as noted herein with funding from the American Rescue Plan Act funds for a total amount of$908,241.44.. The Agreement provides for any additional Federal provisions and/or ARPA provisions which are not included in the underlying Daikin Applied contract. 263 PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Monroe County Sheriff Office Jail AHU Replacement— 10.5.23—OMNIA 289961 pdf M MONROE COUNTY BOARD OF COUNTY COMISSIONERS-Q-27285- 9.20.23 OMNIA 286137(Last Version).pdf OMNIA Public - Daikin Applied Pricing - Equipment and Labor (Master) -Updated Mod-19 (002).pdf Daikin Applied COl.pdf R-200401—Daikin—ORIG—CONTRACT-2020_10_1.pdf 20-04—HVAC—RFP—SUPPORT DOCS.pdf Contractor Agreement with Daikin Applied(proposed final legal stamped with exhibits).pdf FINANCIAL IMPACT: Effective Date: 11/8/23 Expiration Date: Upon Completion Total Dollar Value of Contract: $908,241.44 Budgeted: Yes Source of Funds: ARPA Fund 06068 CPI: No Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: ARPA Funded County Match: N/A Insurance Required: Yes (COI attached) Additional Details: N/A 264 co N 0 0 0 0 0 0 0 0 o a o o �o (0 p l0 l0 l0 O l0 l0 N c0 v1 l0 O O O c-I {Y5 Yup p (y7 W n n m O W W 7 M M 0 7 c-I "o W 0 0 7 I p 0 0 0 7 00 U U v1 W O O l0 ti l0 U O O N ' o p n n c-I n c-I o0 O Lr 7 o0 m O 7 l0 cl ^"'" p -I cc a l0 l0 n N a a N m l0 l0 V1 N W a N 00 M o5 d^, N J •--I •--I •--I N J J .--I N 7 c-I J � c-I � "'"'" � LLG W W W W Q Q Q Q z Z ',, Z ',,. Z ',,. Z in vt. 4A VM V� 21 LU � � Ow N � O W U y j 2 l0 � .--I M •--I 7 l0 ',,a m j U a O O O O O O 0 0 0 m 0 0 0 � N J o 0 0 0 0 0 o 0 o a o 0 o E U1 00 00 00 00 0 0 0 0 0 o 0 o Q = Q to to to to 0 o Q o 0 o ip m m oo o o p "C Z O O O O O O Z 0 0 0 m on O ti ti O 2 C 2 — vn O O W N pN pN N OM c-I C O o a E O Q m F " ° ca N o 0 o O O O �o O O N O O 0 0 ti o 0 0 00 o cl o cl J 7 7 V1 M J F O l M J N N N M J Z v) oo c-I 0 0 0 Q U �IIII LL v) N 3 O O O U m v v W C o_ .�- on E in O Q Q Q Q m O 7. a U T T v U N a Q O _ w� V m on 0 a, Q U > N N C N C C, p 2 a 2 2 w a 0 Y c a O N blD _ E z j v v O ° o 0 F N v a_ ` ro a Q 3 m O Q z z 0 U �E � u 3 � � � 2 )E s v 0 0 O a °;n T = Z Z Z E m v N O c O O OLu c vn E Q y ° v C O 1V 1U 1U C C Z Q C Y =O O a+ .N ti v 0 0 0 o hn o D o O c m O s c v c V v c f6 m vn � E hn .. ca oo 'E bD o O o o — O O 00 No v v� Y c a .> .v. E N z z o E =o N o 0 0 0 0 x x x x o o m w o v m y 0 g �, v o Q Q Q Q in a V � a 0 P a z O O c Q o Lcu ii F a L.U. a-;1 4 A VI A lol �c eil NI MI "^ sit 4 c6 .4 li lol nl �„ sit 4 A .--I N M aa Q � a v)2 m .M �, � ,rk9 O x m m m m z m — v e vv U Z 2 O �wii DAIKIN APPLIED, OMNIA PUBLIC PROJECT VOTE U; OMNIA: P A R T N E R S v MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/O MORGANTI GROUP INC KEY WEST INTERNATIONAL AIRPORT KEY WEST,FL 33040 OMNIA Certified Quote#:R200401-FL-289961 OMNIA Membership ID:4002530 Quote#:Q-28985 Chrissy Collins Building/Budget Administrator. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Quote Document Date:10/05/23 Vicente Ciliberti SSR 954 862 8500 EX 209 754 971 36 53 vicente.ciIiberti@daikinapplied.com Daikin Applied Americas,Inc. 266 5,gg,122 of „ Daikin Applied Americas, Inc. is pleased to offer the following Quote for your consideration.Thank you for selecting Daikin Applied Service Group to care for your building's system. Our service personnel have the knowledge and experience to deliver the best support available. Daikin is pleased to offer this Quote for your consideration. 1. Supply Daikin Two(2)AHU-A1/A2.Air Volume 5650 CFM.CAH013GDAM 2. Supply One(1)AHU-3 CAH013GDAM 5650 CFM. 3. Supply one(1)AHU-A410850 CFM CAH024GDAM. 4. Freight from the Equipment Above from the Factory to the facility is included. 5. Shut down disconnect existing(4)AHUS from existing electrical disconnect boxes. 6. We will disconnect existing AHUS from existing CW piping and ductwork connections. 7. Demo and dispose of existing(4)AHUS. 8. Install(4)AHUs. 9. New AHUS to be set in existing locations. 10. Reconnect new AHUS to existing chill waterlines,insulate CW connections to match existing 11. reconnect new AHUs to existing Supply and Return Ductwork 12. We include forklift/luell to set equipment in place. 13. We will startup and verify proper operation of new AHUS. 14. Project Management. 15. Discount of the engineering will be applicable if the MEP drawings are found and if the city approved this change out without presenting a new set of drawings. 16. Permit Runner. (Not the permit fees from the City) Each of our sub-contractors will be maintaining a consistent project manager who will be represented when appropriate during our project time frame. Staff and resource planning will be maintained throughout the project through our project communications efforts. Turnkey Contracting Quote 2 ©2023 Daikin Applied QUOTE#c:a 2ROR5 ""DAIX267 0m��m�nno 1. This Quote takes precedence over any other written,verba I,or other statements of scope,schedule,and pricing. 2. Acceptance of a Notice to Proceed is not an acceptance of terms and conditions.Any Notice to Proceed will be based upon the terms and conditions contained in this Quote. 3. All working hours are estimated at regular or straight time rates.Accelerated or expedited project execution schedules and associated costs are subject hz additional quotation. 4. Daikin Applied is not responsible for any delays or cost as a result of delays incurred due to limited or no access to roads, buildings or equipment required to complete the scope of work provided for in this Quote. 5. Sales taxes are not included within our pricing. 8. Costs associated with Owner directed programs or software required to fulfill project reporting,execution,safety management,and or Owner or Owner's Representative invoicing are not covered and will be invoiced in addition to the agreed Quote price. 7. Gignago will not bo provided or installed byDaikinApplied. 8. Staffing of onsite Safety or Security personnel during project execution or after working hours will not be provided and Daikin Applied understands this is the responsibility of the Owner or Owner's Representative. 0. Site drainage,pollution prevention plan and execution,temporary bathrooms,emergency eye-wash stations,barricades, ramps,splash-blocks,fire protection plans and systems required during construction,flagman,access controls features, trash repositories and pick services are not included.Daikin Applied understands the Owner or Owners Representative is responsible for these measures. 10. Daikin Applied understands temporary HVAC,temporary power,work site lighting,and temporary water required to perform the scope of work provided is the Owner or Owner's Representative responsibility. 11. Daikin Applied will only provide supervision for itself and its sub-contractors when we or they are on site. 12. Daikin Applied Material or Labor warranty is excluded on Owner or Owner's Representative provided equipment. Exo/uo�no 1. Any labor,materials,or subcontracted service not specifically provided for in the description or scope of work. 2. Identification and mmodiahonof existing code violations. 3. Authority Having Jurisdiction required changes are not included and will be quoted as additional work scope. 4. Painting,repair work to buildings,and/or equipmentwhich is not specifically identified in the description or scope of work. 5. Costs associated with hazardous materials identification,removal,and/or abatement. 8. Temporary or portable HVAC equipment and connections hz existing systems. 7. The creation of new Building Automation Systems graphics,monitoring,trending,analysis or any other software or labor required for implementation of these items. 8. Testing and balancing. 0. Commissioning plan development and execution. 10. Sound testing or acoustical treatments for any elements inside or external hz the work site orequipment. 11. Seismic analysis and certification for all materials and equipment. 12. Permits,insurance coverages other than indicated in the attached Evidence of Insurance,and performance and payment bonds. 13. Professional services including Architectural,Mechanical,Electrical,Structural and other Engineering Disciplines. 14. Fire,Smoke and/or Security controls,equipment,repair,graphics,programming,replacement or upgrades. Turnkey Contracting Quote 3 @ooz3DaikinApplied QUOTE#O'28O85 �' �������268 � ===���=" III'° III ui ui lii ui ui'. III'°° uim I t s Feel free to contact me if you have any questions or concerns regarding the information contained in this Project Quote. If you would like us to proceed with the solution presented above,sign the acceptance line below (including PO#if applicable)and return a copy so that we can begin to mobilize our efforts to complete services as quickly as possible. We appreciate the opportunity to provide you with this solution and look forward to working with you on this and servicing your needs in the future. Investment Amount and Billinq Terms: Investment required to implement the proposed solution OMNIA [)Al ll Cl lllM/ 0 llW,N I, Ill h u.0 llr31111i c See IT)I CLP I iiirt rau t k Ilh"12 0401 a A Ili T N E R s Propcsal Ls In accordanoe with rimglan 4 ESC contract#R200401 evallobIle via Crn ma.Partners O M.IN.IA PUBLIC CERTfIII.PIED PROPOSAL#': IR20040 1-FL-299962 OMNIA.MEMBERSHIP NAME:Monroe County Bared of County Cammissfon�ens O�MN.IA MEMBERSHIP IE?#;4002530 PROJECT., IMonroe County Sheriff Office Jail-Ahu Replacement. DAIIKIN SALES REP: Vicente,Cilhicertti DATE. 10.5.23 CJIIII fqF,I Iu 1UIPl'�M lI I DESCRIPTION MODEL CITY TOTAL LIST GIVINIIA MOLT, OMNIIA SELL PRICE 1.,AIHLI Al S 24,57000 0.6800 5 16,707.60 2..AIHILI A2 S 24,570.00 0.6800 5 16,707..60 3.AIHILI A3 $ 25,220.00 0.6800 $ 17,149..60 4.AIHILI A4 $ 33,500.00 0.6800 22,780..00 5. $ _ 0.0000 $ - 6. 0.0000 "1"1`rl l �,i DESCRIPTION P'AR'T4 CITY TOTAL LIST G7MNIIIA MOLT. OMNIIA SELL PRICE 11 0.0000 S 21 1 S - 1 0.0000 S 11 1 S 1 0.0000 $ IO III+/IIIALMK DESCRIPTION . IOMNIA LABOR CLASS]FI C.ATIIOIII LABOR RATE/HIIR HRIS OMNIIA SELL PRICE 1..Start Up Technician HIVA.0 Tech CAT 1 $ 183..86 510 $ 112,154..60 2..Project Management Project Managemert: $ 247..09 40 $ 9,983.60 9.1 Hleavy Equipment Operator S 203..15 128 26,DC3.-20 4.Crane Hleavy Equipment Operator :y 203.15 92 $ 6,5,00.30 5 IItAEIP Engimaernng Engineering deegni $ 24709 184 y 45,464.56 6.IProectt Adrmiinistration Project Adlrnniisttnator 5 320.-29 40 $ 12.,811..60 7.IDeiivery lPersonnel I Delivery Penso—f 5 131..79 68 $ 8,961..04 PSI,f I'AA I I IIIA1 f 17t;T DESCRIPTION COST OMNIA MARKUP OMNIIA SELL PRICE 1.]Materials for:Piping,Ins:Wtllal—,Ductwork,'Salvage $ 80,000.00 1.4000 5 112,000..00 2..]Permit Runner S 6,000.00 1.4000 S 8,400..00 3.IRIsk,Ivarrarty 8 Contingency S 13,624.13 1 LCOOQ 13,624..16 NOTES: TOTAL C IIASELL PRIICE. 42111LL08.3&i OMINIIA dlscaunt nmw.Itipliers:and markups are per Eakin Appliied's OMWIIA Public contract number R200401 Additiiomalta nmarKea value .'r III N'V'I rlil 2 ILalsor Ratter are per I Applliied's OMN IA PLiblic contract number R200401 for South Florida PROPOSED SELL P'RIICE. $ 412,000.00 3 Addr IOTIdI dh—nt Cliff nAalll...hie GIMNIA co 1—t prlce,Is offered at discneti—.1 the Sales Rep $412,000.00(Four Hundred Twelve Thousand Dollars and Zero cents) *Price does not include applicable sales tax Quote, inclusive of the pricing, is provided in accordance with Region 4 ESC Contract#R200401,available via OMNIA Partners, including the terms and conditions contained therein (https://public,omniapartners,con/suppliers/daikin applied/contract-documentation#c38611)shall govern this Quote and the corresponding scope of work as described herein which are hereby incorporated by this reference. Pricing and acceptance are subject to Daikin Applied's final credit approval. Billing/Payment Terms*: Billed in full upon completion *All billings are due immediately upon Receipt This Quote will be honored by Daikin Applied for 30 days from the date on the front of the Quote.After 30 days, Daikin Applied reserves the right to evaluate cost changes(both increases and decreases)from the Quote. Tu rn key Contracting Quote 4 ©2023 Daikin Applied QUOTE#c:a 2ROR5 ""D A,F K 269 0 ti N W v 0 0 0 0 N 0 0 W 0 0 o W N a i v W v n � W o o Uy N V W vl V V N o o m N v ,� o N �o a �o o N a 1' tD 1' 1' V T T O 1' O vl w o lTl N OL. a a a v v N v m a m zvwi vwi vwi vwi a uu Z z z z z 2 2 2 2 F O O O O irk ur .n 01. v o 0 0 �o o 0 o ij .2 .. = N m V K j V a a � O N o 0 0 0 0 o O o o o o o o m o 0 o o o o o o o o N ` 2 o o o o o o 2 o o o o o o ¢ o 0 o o o o o o o o E o o o o o o o o o o o o 2 o 0 o o 0 o o o o o ¢ ¢ v o 0 0 0 0 ¢ o 0 0 0 0 0 N o v, o 0 0 0 0 0 0 0 Z o p 'C z o o o o o o z o o o o o o = W O W N n N 0 Q N N o o o o o o o o _ N W N Z m O. O O w a w w o N 2 O p a N O G O a z z O G a O m m 3— N O O O o o _ O o� W o N N N N < ,.< O o O O g V p o _ O 3 `o U d O• m L L w G ¢ E P u W Z E E U w ° F 0O r (n p0 o Q o o o w E V a� V �, W W Q 1 V U V V > o> v ¢ m - O x a x x a o o 4 3 Q 3 m - Z z a) It a o c o - 0o 0 O """' a 'n E Z Z Z v U o - a_ - a_ a_ o - F E Q a: o in lU V ¢ K O` K 1' 0 = o O _ O o m t Y �, O a• o h V o O O O T F ` 3 o C OV W O O O_ o a Q � o 'a aLL V O N V F D W 12 y U d Y K m 0 Q Q O o 0 0 c x o o ; p > 3 ° a E a K V Y T F a O V a w a p K U1 O O c Q o �W si d 4NIAa1 0,61 4N�Aa1 ALod y 4 Ni oila1 A Lot i:l mi 616I „� ..INi ml a1 it,o1 i:l m1 m1O Z d o W < < rl N M p a = z ' o = w a z m Z "' Q ¢ i � o lilt ¢ Z u Z O w � m O O ��y a �� O DAIKIN APPLIED , OMNIA PUBLIC PROJECT QUOTE F7.................................................................. M, i �lilt iifii �u �f IIIIVii iflu Illliiim� Vi ii OMNIA® P A R T N E R S r MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/O MORGANTI GROUP INC KEY WEST INTERNATIONAL AIRPORT KEY WEST,FL 33040 OMNIA Certified Quote#:R200401-FL-286137 OMNIA Membership ID:4002530 Quote#:Q-27285 Chrissy Collins Building/Budget Administrator. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Quote Document Date:09/18/23 Vicente Ciliberti SSR 954 862 8500 754 971 36 53 vicente.ciliberti@daikinapplied.com Daikin Applied Americas,Inc. 271 Daikin Applied Americas, Inc. is pleased to offer the following Quote for your consideration.Thank you for selecting Daikin Applied Service Group to care for your building's system. Our service personnel have the knowledge and experience to deliver the best support available. Daikin is pleased to offer this Quote for your consideration. Equipment. 1. Provide two(2)AGZ chillers model AGZ076E,Capacity 80 nominal tons.Voltage 460 V/60 Hz/3ph. Lead time 37-38 Weeks. 2. Freight it is included from Miami to the DJJ Building Facility 3. Microchannel Coil with Epoxy Coating. 4. Communication BACnet 4. 5. Entire unit,extended warranty 4 years parts and labor. Five(5)years in total. Mechanical Installation. 1. Shutdown of the old chiller and recover refrigerant per EPA(Environmental Protection Agency)guidelines. 2. Disconnect electrical power wiring and lockout tags. Uninstall the two(2)Air Cooled Chillers Carrier models (30XAB0806R). Include the unit's movement outside the roof in an area previously agreed on the floor. 3. Final Disposal of the two(2)old Carrier units outside the DJJ Facility Center 4. Installation of two(2) Daikin Scroll chiller-80 ton.460V/3/60. 5. This project is being considered to replace one(1)chiller at time.This is to avoid the nuisance of leaving the area with no AC and having to relocate the personnel inside.We are considering that the shut off valves that isolate the chillers are in good condition. In case these valves do not work properly,we will have to drain the building and install these shutoff valves.This would leave the building without A/C for approximately two(2) days. Price to install new shutoff valves in not included in this proposal and would be quoted separately if required. 6. New piping and its insulation,up to a maximum of 7 feet,will be installed to connect the new Daikin chillers to the existing hydronic system. 7. Crane and rigging-chillers will be installed one at a time,so there will be two crane movements.We include the crane and personal.We are considering the crane to be positioned in the parking lot of the building next to the work area.As this Parking lot is inside the facility MOT with the city is not included. 8. Startup of the two(2)chillers by Daikin technicians. 9. Permit runner is included if permits need to be pulled.The Permit cost with the city it is not included in this proposal. Permit charges will be handled separately. Electrical Installation. 1. Remove the existing disconnect switch(3 ph.,480V,250 amp)and all the associated material currently feeding the A/C Chillers units on the roof. 2. Supply and install new disconnect switch. 3. We are considering installing new wire conduit and terminating electrical connections. 4. The panels that feed power to the 480v disconnects on the roof are inside the building and do not need to be replaced. 5. The time to install the new disconnect chiller per unit will take 2 or 3 days for each chiller team after the chillers have been installed. Control Installation. 1. Control Reinstallation by Other. In the walkthrough held on 08/16/23 it was determined that the controls installation will be done by Siemens and will be contacted directly by the customer. 2. The four(4)start up chiller control disconnects are not included in this proposal. Engineerinq 1. This project is considered as a maintenance project.We are not including engineering design, including Mechanical, Electrical, Plumbing. Existing drawings will be used. If a new set of drawings are required for the project,we will have to include the services of an engineering firm with an additional investment value of$ 25,000.This amount is not included in the current proposal. Turnkey Contracting Quote 2 11,1011 Daikin Applied QUOTE#c:-2(Zr ti / ,272 Each of our sub-contractors will be maintaining a consistent project manager who will be represented when appropriate during our project time frame. Staff and resource planning will be maintained throughout the project through our project communications efforts. wi�E ai�0n S .. E l�iS 1. This Quote takes precedence over any other written,verbal,or other statements of scope,schedule,and pricing. 2. Acceptance of a Notice to Proceed is not an acceptance of terms and conditions.Any Notice to Proceed will be based upon the terms and conditions contained in this Quote. 3. All working hours are estimated at regular or straight time rates.Accelerated or expedited project execution schedules and associated costs are subject to additional quotation. 4. Daikin Applied is not responsible for any delays or cost as a result of delays incurred due to limited or no access to roads, buildings or equipment required to complete the scope of work provided for in this Quote. 5. Sales taxes are not included within our pricing. 6. Costs associated with Owner directed programs or software required to fulfill project reporting,execution,safety management,and or Owner or Owner's Representative invoicing are not covered and will be invoiced in addition to the agreed Quote price. 7. Signage will not be provided or installed by Daikin Applied. 8. Staffing of onsite Safety or Security personnel during project execution or after working hours will not be provided and Daikin Applied understands this is the responsibility of the Owner or Owner's Representative. 9. Site drainage,pollution prevention plan and execution,temporary bathrooms,emergency eye-wash stations,barricades, ramps,splash-blocks,fire protection plans and systems required during construction,flagman,access controls features, trash repositories and pick services are not included. Daikin Applied understands the Owner or Owners Representative is responsible for these measures. 10. Daikin Applied understands temporary HVAC,temporary power,work site lighting,and temporary water required to perform the scope of work provided is the Owner or Owner's Representative responsibility. 11. Daikin Applied will only provide supervision for itself and its sub-contractors when we or they are on site. 12. Daikin Applied Material or Labor warranty is excluded on Owner or Owner's Representative provided equipment. 1. Any labor,materials,or subcontracted service not specifically provided for in the description or scope of work. 2. Identification and remediation of existing code violations. 3. Authority Having Jurisdiction required changes are not included and will be quoted as additional work scope. 4. Painting,repair work to buildings,and/or equipment which is not specifically identified in the description or scope of work. 5. Costs associated with hazardous materials identification,removal,and/or abatement. 6. Temporary or portable HVAC equipment and connections to existing systems. 7. The creation of new Building Automation Systems graphics,monitoring,trending,analysis or any other software or labor required for implementation of these items. 8. Testing and balancing. 9. Commissioning plan development and execution. 10. Sound testing or acoustical treatments for any elements inside or external to the work site or equipment. 11. Seismic analysis and certification for all materials and equipment. 12. Permits, insurance coverages other than indicated in the attached Evidence of Insurance,and performance and payment bonds. 13. Professional services including Architectural, Mechanical, Electrical,Structural and other Engineering Disciplines. 14. Fire,Smoke and/or Security controls,equipment,repair,graphics,programming,replacement or upgrades. Turnkey Contracting Quote 3 ©2023 Daikin Applied QUOTE#(a 2(2W) / 3AIK1273 IIIIII III IILIIIIII° ul � III'°° ulmul°its Feel free to contact me if you have any questions or concerns regarding the information contained in this Project Quote. If you would like us to proceed with the solution presented above,sign the acceptance line below (including PO#if applicable)and return a copy so that we can begin to mobilize our efforts to complete services as quickly as possible. We appreciate the opportunity to provide you with this solution and look forward to working with you on this and servicing your needs in the future. Investment Amount and Billinq Terms: Investment required to implement the proposed solution $496,241.44 (Four Hundred Ninety Six Thousand,Two Hundred Forty One dollars and Forty Four cents) *Price does not include applicable sales tax VKA114/ ON TA T IFlubilk Se too owutw(A fi, ll 2010 1 p a R T N E R s Propq Sal is in aggo-rdanoe:.m RR7 Region 4 ESC IPH,act#I'R200401 an doblle voa 0—ia par ,—r, CIMIMIA PlIUK---Ell(PROPOSAL M: R2004011-FI'.-286137 OMNIIA MEMBERSHIP NAME::Morime C—ty 13oard ofComnmosiomers: OMNIIA MEMBERSHIPIID M 4002530 PROJECT: Keay WR'est Jail TK Cbfler Replacement DAWN SALES REP-. bilnoarrrce Cidbarti DATE: 9..18.23 lo'RIII'IMTII jIJIVIV II NI DESCRIPTION IMIODEL OTY 'TOTAL LAST OMNIIA.IMIWILT. OMINIIA SELL PRICE 1..TrailldlaaerAiir Oooled8crcdil Chillees. A132076E 2 $ 171,5S&GO D.4800 $ 164,69S.68 - � CV31 ITRA4J FIlI'd l Ew DESCRIPTION (PART# QTN TOTAL LAST OMNIIA.MWIIT. CMNIIA SELL PRICE 0.0000 0.0000 6. $. 0-0007 e ON I TW T I Al I6I1 DESCRIPTION OMMA LABRk.CLAMIIFICATRON LABOR[RATE/RIR INRCS CMNIIA SELL PRICE 1..Stan Lllp Tedhnicia:n WAC Ciom ercial11.Tech 1. $ 183.86 24_ $ 4,412-64 2..Proj t Manager Prs�ect Managememt $ 247.09 20 $ 4,941.90 3•Mechanical Installation WAC Com cial11.Tech 1. $ 183.86 343 6T,512-4{l 4L imulatiorvs. invulaturs m $' '1216.68 360 _ $ 67,204-80 S..Crame/Riggung (Rea y Madhinerg Operator ;' 203.15 136 $ 27,628.40 6•Proj t EmgHmeering Prsjeck Engmeer 5 228.77 36 $ 9,235.72. R 8..Etial Electtriciai m 5 1925 110, $ 45,954.2Q 35 9 32,944,50PD r Diem 9.1 LeI'iruerg'IPeirsonne:l $ 131.78 46 ;' 6,061.88 IK llll r I AA I l I UN Wr I Y6`ITRl41';, DESCRIPTION C05F OM149A MARIKUP CMNIIA SELL PRICE .Il....Risk,Warranty,and Contiingern,te $ 48,0K,00 1.0000 $ 46,1307-470 2.Subcontractor Materials..-ERectricali,Im,Wat'mn $ 218M,00 1.40W $ 30,527.00 0.0000 0.0000 6.. $ 0-0007 , - $ 0.0000 u s $ 0.0000 $ s. $ 0.0000 u 0.00W s - NOTES: TOTAL OMIMIA.SELL P'RICE:. I.. SRW2,V2X2 OMNLA dis—m-ltipliers and rmra rkulps are per Daikim AIppl ed's L. OMNIA Public eorre—1 number R2'QCWd7'1 Adld tional tto+nmarket vallue j M 01 9810 w 2.Labor Rates are per Daik'm Applied's:OMN...,IA.Piubhc—tract mmr R 11 c South ' F rc 3Addrttiomandiscntcf1afalllabbSe OMINRA carmracrp PROPOSED SELL PRICE; 496,241A4 .fered at discretiorn c,f the 5alles IRelp Turnkey Contracting Quote 4 ©2023 Daikin Applied QUOTE#c:-2(Zr ti / ,274 Quote, inclusive of the pricing, is provided in accordance with Region 4EGC Contract#R2OO4O1' available via 0MNIA Partners, including the terms and conditions contained therein shall govern this Quote and the corresponding scope of work as described herein which are hereby incorporated by this reference. Pricing and acceptance are subject k)DaiNOAop|i6d'8 final credit approval. Billing/Payment T$rO0s*: Billed iO full upon completion *All billings are due immediately upon Receipt This Quote will be honored by D8ikiO Applied for 30 days from the date on the front 0fthe Quote.After 30 days, D8ikiO Applied reserves the right tO evaluate cost changes(both increases and decreases)from the Quote. 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O M r r r r N r r N N N r r r r r r r N r r N r r r r r r r r r r r r r r r M N N r r r r N r r V V3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 MU") 7 7 W 7 W 7U") M 1- N r r O) M m m M O M 1- W2 7 7 W m O 1- 7 7 W m m 1- r m M M O N M 7 W 1- C � O 7 M r W M 1� W � O) 1� O) u W M r N W M r M D) 7 M r 0 7 0 � 1� 7 7 7 W 0 0 1- r CO W r M CO D) D) D) O (0 7 (D 1� r O r m O N W M W O) � m 7 � N 0 � 7 � 1- O (D M N W 0 7 O W 1- W 1- r W W � � 7 N O M N M Z ;N M z 7 r N r O N r M 0) M N T � O N M W N N 7 r N N M M 0 0 � 7 7 N 0 7 0 7 N N N N N N 7 7 M N T M N Z Z r — — r r r r r r r r r r r r r r r r r r r r r r r r r r r r r _N V V3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3 K3........K3 K3 K3 K3 K3 K3............. Cl) N 0 0) 0 0) r (D Cl) O 1� 0 0) r r 1� r W m W O M M r� r r W r 0) r r� W O O O W (D O Cl) M N O O N co m m 1- C� M 7 0 (D 1l W N m � co 1, (D r W N N W 7 M O M M M W W W N W D) 7 N 7 (D 7 (D r- r (D M r 7 7 r (D 1- ru") U C 7 co Q r� M Cl) O O) m O (D 7 0 W co O m N (D O WU") OU") 1- r co co m (D m 7U") 0 (D 1- co 1- (D N O mU") W 1- r W m O O u Q Q N O � M M N O M 7 (D W D) N M N O N M W (D r O N 0 7 7 N � M � W 7 co (D N � � N N N E Z •G N Z r r 7 r r M 7 N r r N N r r N N r r coN r r 7 N N r — N — r Z Z r r r r r r r r r r r r r r r r r r C V H3 ER ER ER ER K3 K3 ER ER ER ER ER ER ER tG K3 K3 K3 K3 K3 ER K3 K3 ER ER ER ER ER ER ER K3 ER ER ER ER ER ER ER ER ER ER K3 K3 K3 K3 K3 K3 K3 K3 K3 O CO CO 1- r N O co (D co m 7 co 0) M 1� O N 7 7 � 7 M 0) M M M co co co 1� N 1� r co 1� O) 7 co co co co 1� r co O W N W 1l r M W W 0 7 r � � M r M r 0 W W O M r � W M 1� M M W � O W r� M W N O r M W � M O) W P M U mrioiQ � o� o� voi � oi � oiv v �riri � rivoiovoi voi Sri oi �riorio000r) (DM (D � ri �ri QQ Z W r Z W r N W O) 0 0) r 7 N 1� W 1� W W O r W M W W O W 1� r 0 1� O O r W 1� N W r N W 'CD) O W 1� O M r 'n O Z Z L r N N r N r r N r N N M N r N r r N N N N r N N r N N N r N N N r N r N N r M N M N N N N N r r N V t a K 3 ER ER K 3 K 3 K 3 ER ER K 3 ER ER tG K 3 tG K 3 ER ER ER K 3 ER ER ER ER ER K 3 ER K 3 ER K 3 ER ER tG K 3 ER ER ER tG K 3 ER ER ER ER ER tG K 3 tG K 3 K 3 ER d co (D 1, r N N Cl) r, r Cl) M m 1l r 7 � � 7 1l co 1l co r� N co W N N Cl) N N r� r Cl) 1, M V) Cl) M 1, r r N Cl) N N r X W N r r W O N r O N N N N W M O N m r� O N m r� r O W r r 7u") r� r 7 N 0 1l V) co (D co N W W r (D r r r O W > 7 r� Q co r� W W m co r� N co O O r r m r� 0 m 7 W co r� r W 7 co m W W 7 7 W 0 r� co W 7 7 0) r� co co W O) W W V) Q Q N (n X ^ 'n Z ^ M N N O W M W W N N M M O W N 7 W N W M M N W W O M N 7 1- W N r M W N 7 W r W Z Z O N 7 r M M r r N r r N N r r N r r N r r N r M N N r r N r II C r r r r r r r r r r r r r r r r r r r r O tG tG tG tG tG tG tG tG tG tG tG tG tG tG tG tG tG tGtGtGtGItG tGtGtGtGtGtGtGtGtGtGtGtGtGtGtGtGtGtGtGtGtGtGtG E r W W 7 7 O) W 7 Cl) Cl) Cl) Cl) N W 0 7 7 1� N r r 7 (D W CO Cl) W � � (D r 7 co 1� m m 7 r� (D � (D � r M 7 W O r N 0 CO 7 D) r W M 1- W M N N M r M � M r W W 7 7 1- O 1- M M (D D) N O) u") 7u") 7 N r Wu") r N 7 N O D) 7 (D r 0 W CD (D Q Mu") M r� Mu") Nu") (D (D O W r� M 7 W (D M W N N W 7 N r� W (D 7 � u") M N N W 7 7 7 W W O N Q Q (n N (D Z 1� M N r 0 W 7 0) 0 7 N 0 0) M W O) 7 7 r N 1� 7 W O N 0 7 W N M O) W M r M N 7 W N r N r W Z Z O L M Cl) r N r r N N N r r N r r N r r M N N r r N r 0 r r r r r r r r r r r r r r r r r r r r r r r r r V H3 ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER tG X (D Wm r� r (D 7 (D Cl) O (D 7 r� N (D CO 7 r� (D M M W M M Cl) Cl) Cl) r� Cl) r� N (D Cl) r� Cl) Cl) r (D M � N m Cl) N 7 r� D) W � W C � � O NO) M W 7 (D W r � 7 D) 1- M 7 N W (D (D (D W (D M � (D W ID ID ID 7 (D CD W CD V) (D M 7 (D u) 7 1- D) 1- D) Z O 1, O Q r r W N M M O N O 1- M W 7 N N Cl) r� Cl) Cl) O Cl) r O? 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O O O O O O u p O O +' Ol Ol Ol Ol Ol 0l O p 3 O O O O O O n O ON 0 Z 11 d VI Yk o p Ln cup " w o 0 0 0 0 o N C C o O O O O O O O O N CJ N o O O 01 O 0 O O 0 O -1 — O t/? u -1 I I pJ O 11 u O_ pJ Q O u O Q ,N J a h 0 h J Q G7 O ai Q co 7 ova° 0w u — co C'° O X f�6 x u m Q h O A. m+ _0 w G1b pJ .N O 0 a,rs o 0 O qcw O C y^e 1 Nl0NP a fl � o cu NO -0 o u v b'6r1 E �h z tea.+ N N O NINON n _ tl'p' C 3 pJ N m LAa0+ Q N f0 -O N WPb 19 L (1 \ HIV v 'Q a d Q v 0 0 o �� °c E c a v c w +r o O m v cu O N ¢11a O �3./ c3 Q O •N C G Y WPb L V o C ai Q /g H D > N 'L in m 7 i-I N M -O w 288 ACC)17DO CERTIFICATE OF LIABILITY INSURANCE DATE 1a2 23DmW) lllk—� F THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT GeeAnn MIs51 MARSH USA LLC NAME: 400 West Market Street,Suite 700 PHONE 8fi6.966.4664 FAX No 0 212.948 0804 Louisville,KY 40202 E-MAILO Louisville.Cert ues@rnarsh.corn Attn:LouiWIle.certreq t marsh.com RESS INSURERS AFFORDING COVERAGE NAIC# CN101863513-DAA-GAWU-23.24 2826 martin SO INSURER A:Mitsui Sumitomo Insurance USA Inc 22551 INSURED INSURER B:Seri ual Company 2PW Oaikin Applied Alrerleas Inc. 13600 Industrial Park Boulevard INSURER C:Sentry Insurance Company 24988 Minneapolis,MN 55441 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: C 7122144-02 REVISION NUMBER: 70 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTTRR ADDTYPE OF INSURANCE LSUBR POLICY NUMBER POLICY EFF MPOLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY GL2122557 04101/2023 0410112024 EACH OCCURRENCE $ 1,0OO,000 CLAIMS-MADE EPREMISES OCcuR I,'sub(ect 10 self insured retentions Ea occwrence $ 1,000,000 for various perils covered) MEO EXP(Any one person) $ %000 PERSONAL SADVINJURY $ 11000,000 GEN1.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ECT ��LOC PRODUCTS-COMPIOPAGG $ 2,000,000 OTHER:' S A AUTOMOBILE LIABILITY BVR840 2(AOS) 04101/2023 04 112024 COMBINED SINGLEL'+MIT $ 2000000 Ea dent X ANY AUTO BODILY INJURY(Per pa ) S A X OWNED SCHEDULED BV 8803074(MA) 04101/2023 04/0112024 BODILY INJURY(Per acddenq $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ x uMBRELULIAB X OCCUR U B5700287 04101I2023 04/012024 EACHOCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED I X I RETENTIONS10,000 IS B WORKERS COMPENSATION 90-2021 2(Daikin Ded y 04101024 X PER OTH- C AND EMPLOYERS'LIABILITY 90-20216.003 Daikn etra) 04/0112023 04/01/2024 STATUTE ER ANYPROPAIETORIPARTNEPJEXECUTIVE Y 1 N ( E.L.EACH ACCIDENT $ 11000,000 OFFICERIMEMBEREXCLUDED7 a NIA (Mandatory In NMI E.L.DOSEASE-EAEMPLOYE S 1,000,000 Ir yyeas,describe under 1,000,0 DESCRIPTION00 OF OPERATIONS below E.L,DIS E-POLICY OMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remar%s Schedule,may be attached N more space Is required) Monroe County BOCC Ware included as additional insured where required by written contract and allowed by law with respect to General and Autornoble liability coverages. APPROVED BY RISK WMOOLWENT DATE, " � �, ..�� CERTIFICATE HOLDER CANCELLATION Monroe County BOCC, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton St. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Key West,FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 289 OMNIA IP A R T N E R S m�v� HVAC EQUIPMENT, INSTALLATION, SERVICE & RELATED PRODUCTS Executive Summary Lead Agency: Region 4 ESC Solicitation: 20-04 RFP Issued: February 13, 2020 Pre-Proposal Date: March 3, 2020 Response Due Date:July 14, 2020 Proposals Received:#8 Awarded to: Daikin Applied—R200401 The Board of Directors of Region 4 Education Service Center (ESC) issued RFP 20-04 on February 13, 2020,to establish a national cooperative contract for HVAC Equipment, Installation, Service & Related Products. The solicitation included cooperative purchasing language in Sections I. Scope of Work: NATIONAL CONTRACT Region 4 ESC, as the Principal Procurement Agency, defined in Appendix D, has partnered with OMNIA Partners to make the resultant contract(also known as the "Master Agreement"in materials distributed by OMNIA Partners)from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit("Public Agencies"), through OMNIA Partners'cooperative purchasing program. The Region 4 is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners (a "Participating Public Agency'). Appendix D contains additional information about OMNIA Partners and the cooperative purchasing agreement. Notice of the solicitation was sent to potential offerors, as well as advertised in the following: • Region 4 ESC website • The State, SC • OMNIA Partners, Public Sector website • Houston Community Newspapers, Cy Creek • USA Today, nationwide Mirror,TX • Arizona Business Gazette,AZ • Deseret News, UT • San Bernardino Sun, CA • Richmond Times,VA • Honolulu Star-Advertiser, HI • Seattle Daily Journal of Commerce, WA • The Advocate—New Orleans, LA • Helena Independent Record, MT • New Jersey Herald, NJ • The Herald-News, IL • Times Union, NY • Las Vegas Review-Journal, NV • Daily Journal of Commerce, OR Page 1 of 2 290 On July 14, 2020 proposals were received from the following offerors: • Johnson Controls, Inc. • Sun Mechanical Contracting, Inc. • BLUE BOX AIR, LLC • Daikin Applied Americas, Inc. • SVL, Inc. • HACI Service LLC • TDlndustries, Inc. • APS Building Services, Inc. The proposals were evaluated by an evaluation committee. Using the evaluation criteria established in the RFP, the committee determined that three (3) companies (Johnson Controls, Inc., Daikin Applied Americas, Inc., and TDlndustries, Inc.) all demonstrating the ability to provide the services outlined in the solicitation while offering competitive pricing to members. Region 4 ESC executed agreements with a contract effective date of October 1, 2020. Contract includes: • HVAC Equipment and Parts • HVAC Rentals • HVAC Installation • Advanced Controls Systems • HVAC Maintenance and Repair Services • LED Lighting Solutions • HVAC Retrofits and Replacement Services Term: Initial three-year agreement from October 1, 2020 through September 30, 2023 with the option to renew for two (2) additional one-year periods through September 30, 2025. Pricing/Discount: Discount on equipment, competitive labor rates by regional area. OMNIA Partners, Public Sector Web Landing Pages: htt s://public.omnigpartners.coo/suppliers/daikin- applied/contract-docurnentation#c35322 Page 2 of 2 291 DocuSign Envelope ID:74AF423E-D103-47B0-A6F4-FC49AC002B23 r ion // August 28, 2020 Mr. Michael Schwartz duane.rothstein(&daikinai)f)lied.com Chief Executive Officer Daikin Applied Americas Inc. 13600 Industrial Park Boulevard Minneapolis, MN 55441 Re: Award of Contract 4R200401 Dear Mr. Schwartz: Per official action taken by the Board of Directors of Region 4 Education Service Center on August 25, 2020,we are pleased to announce that after successful negotiated terms and conditions,Daikin Applied Americas Inc. has been awarded an annual contract for the following,based on the sealed proposal (RFP 420-04) submitted on July 14, 2020: Commodity/Service Supplier HVAC Equipment, Installation, Daikin Applied Americas Inc. Services & Related Products This contract is effective October 1, 2020 and will expire on September 30, 2023. As indicated above, your contract 4 is R200401. This contract may be renewed annually for an additional two (2) years if mutually agreed upon by Region 4 ESC/OMNIA Partners, Public Sector and Daikin Applied Americas Inc. Your participation in the proposal process is appreciated and we look forward to a successful partnership. Please feel free to provide copies of this letter to your sales representative(s)to assist in their daily course of business. If you have any questions, please contact Christine Dorantes, the Contract Manager assigned to your contract, at(615)431-8182 or christine.dorantes(r&omniapartners.com. Sincerely, DocuSigned by: rh�� 4b &11Ut AB11CHE709E4C4... Robert Zingelmann Chief Financial Officer, Finance and Operations Services I�ti^gijunA f7(l�raarijut)'S,t,VjC, _;tinrtit.71�j Wti^>r l'isl� titlRtiaaa Ehu�r,r�srt, l'tixa>%74Ps�� 4;A°➢( Phi niti:7'1 u$A021."74�8 Fzix:71 u' 3 .W;I� ,c, .nut i Z1n1 Wdk' f:aLD-l.x�4 utly, Dia ti�rt 292 DocuSign Envelope ID:CD895E5B-45EC-4434-AF1 E-C2709052C9CA r ion May 1, 2023 Mr. Michael Schwartz duane.rothstein(r&daikinapplied.com Chief Executive Officer Daikin Applied Americas Inc. 13600 Industrial Park Boulevard Minneapolis, MN 55441 Re: Renewal Award of Contract 4R200401 Dear Mr. Schwartz: Per official action taken by the Board of Directors of Region 4 Education Service Center on April 25, 2023, Region 4 ESC is pleased to announce that Daikin Applied Americas Inc. has been awarded an annual contract renewal for the following, based on the sealed proposal submitted to Region 4 on July 14, 2020, and subsequent performance thereafter: Contract HVAC Equipment, Installation, Services & Related Products The contract will expire on September 30, 2024, completing the fourth year of a five-year term contract. The contract is available through OMNIA Partners, Public Sector. Your designated OMNIA Partners, Public Sector contact is Fred Flores, at (713) 554-0494 or fred.fl ores(&- omniapartners.com. The partnership between Daikin Applied Americas Inc., Region 4 and OMNIA Partners, Public Sector can be of great help to participating agencies. Please provide copies of this letter to your sales representative(s)to assist in their daily course of business. Sincerely, Ir DocuSigned 6y: bu� 4bmtw 0EE15BFEF1C4C ... 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Vendor Contract and Signature Form II. Supplier's Response to the RFP, incorporated by reference 304 ' '" isii CONTRACT This Contract ("Contract") is made as of , 2020 by and between Daikin Applied Americas, Inc. ("Contractor") and Region 4 Education Service Center ("Region 4 ESC') for the purchase of HVAC Equipment, Installation, Service & Related Products (`the products and services'). RECITALS WHEREAS, Region 4 ESC issued Request for Proposals Number R#20-04 for HVAC Equipment, Installation, Service & Related Products ("RFP"), to which Contractor provided a response ("Proposal"); and WHEREAS, Region 4 ESC selected Contractor's Proposal and wishes to engage Contractor in providing the services/materials described in the RFP and Proposal; WHEREAS, both parties agree and understand the following pages will constitute the Contract between the Contractor and Region 4 ESC, having its principal place of business at 7145 West Tidwell Road, Houston, TX 77092. WHEREAS, Contractor included, in writing, any required exceptions or deviations from these terms, conditions, and specifications; and it is further understood that, if agreed to by Region 4 ESC, said exceptions or deviations are incorporated into the Contract. WHEREAS, this Contract consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth below shall control. WHEREAS, the Contract will provide that any state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies") may purchase products and services at prices indicated in the Contract upon the Public Agency's registration with OMNIA Partners. 1) Term of agreement. The term of the Contract is for a period of three (3) years unless terminated, canceled or extended as otherwise provided herein. Region 4 ESC shall have the right to renew the Contract for two (2) additional one-year periods or portions thereof. Region 4 ESC shall review the Contract prior to the renewal date and notify the Contractor of Region 4 ESC's intent renew the Contract. Contractor may elect not to renew by providing three hundred sixty-five days' (365) notice to Region 4 ESC. Notwithstanding the expiration of the initial term or any subsequent term or all renewal options, Region 4 ESC and Contractor may mutually agree to extend the term of this Agreement. Contractor acknowledges and understands Region 4 ESC is under no obligation whatsoever to extend the term of this Agreement. 2) Scope: Contractor shall perform all duties, responsibilities and obligations, set forth in this agreement, and described in the RFP, incorporated herein by reference as though fully set forth herein. CONTRACT 1 305 3) Form of Contract. The form of Contract shall be the RFP, the Offeror's proposal and Best and Final Offer(s). 4) Order of Precedence. In the event of a conflict in the provisions of the Contract as accepted by Region 4 ESC, the following order of precedence shall prevail: i. This Contract ii. Offeror's Best and Final Offer iii. Offeror's proposal iv. RFP and any addenda 5) Commencement of Work. The Contractor is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives a purchase order for such work or is otherwise directed to do so in writing by Region 4 ESC. 6) Entire Agreement (Parol evidence). The Contract, as specified above, represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable. 7) Assignment of Contract. No assignment of Contract may be made without the prior written approval of Region 4 ESC. Contractor is required to notify Region 4 ESC when any material change in operations is made (i.e. bankruptcy, change of ownership, merger, etc.). 8) Novation. If Contractor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor in interest must guarantee to perform all obligations under this Contract. Region 4 ESC reserves the right to accept or reject any new party. A change of name agreement will not change the contractual obligations of Contractor. 9) Contract Alterations. No alterations to the terms of this Contract shall be valid or binding unless authorized and signed by Region 4 ESC. 10)Adding Authorized Distributors/Dealers. Contractor is prohibited from authorizing additional distributors or dealers, other than those identified at the time of submitting their proposal, to sell under the Contract without notification and prior written approval from Region 4 ESC. Contractor must notify Region 4 ESC each time it wishes to add an authorized distributor or dealer. Purchase orders and payment can only be made to the Contractor unless otherwise approved by Region 4 ESC. Pricing provided to members by added distributors or dealers must also be less than or equal to the Contractor's pricing. 11)TERM INATION OF CONTRACT a) Cancellation for Non-Performance or Contractor Deficiency. Region 4 ESC may terminate the Contract if purchase volume is determined to be low volume in any 12-month period. Region 4 ESC reserves the right to cancel the whole or any part of this Contract due to failure by Contractor to carry out any obligation, term or condition of the contract. Region 4 ESC may issue a written deficiency notice to Contractor for acting or failing to act in any of the following: i. Providing material that does not meet the specifications of the Contract; ii. Providing work or material was not awarded under the Contract; iii. Failing to adequately perform the services set forth in the Scope of Work and specifications; CONTRACT 2 306 iv. Failing to complete required work or furnish required materials within a reasonable amount of time; v. Failing to make progress in performance of the Contract or giving Region 4 ESC reason to believe Contractor will not or cannot perform the requirements of the Contract; or vi. Performing work or providing services under the Contract prior to receiving an authorized purchase order. Upon receipt of a written deficiency notice, Contractor shall have a reasonable period of time to provide a satisfactory response to Region 4 ESC. Failure to adequately address all issues of concern may result in Contract cancellation. Upon cancellation under this paragraph and upon payment for work and materials already performed or furnished, all goods, materials, work, documents, data and reports prepared by Contractor under the Contract shall immediately become the property of Region 4 ESC. Reference to "specifications" herein shall be construed to mean "approved submittals" relating to equipment furnished by Contractor. b) Termination for Cause. If, for any reason, Contractor fails to fulfill its obligation in a timely manner, or Contractor violates any of the covenants, agreements, or stipulations of this Contract Region 4 ESC reserves the right to terminate the Contract immediately and pursue all other applicable remedies afforded by law. Such termination shall be effective by delivery of notice, to the Contractor, specifying the effective date of termination. In such event, all documents, data, studies, surveys, drawings, maps, models and reports prepared by Contractor for Region 4 ESC will become the property of the Region 4 ESC. If such event does occur, Contractor will be entitled to receive just and equitable compensation for the satisfactory work completed on such documents. c) Delivery/Service Failures. Failure to deliver goods or services within a mutual agreed timeframe or failure to make repairs, replacements or corrections in accordance with the applicable warranty (as defined below) shall constitute grounds for the Contract to be terminated, subject to the provisions set forth in Section 11(a) providing for notice to Contractor and Contractor's reasonable opportunity to cure any alleged unmet performance obligation. d) Force Maieure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. Standard Cancellation. Region 4 ESC may cancel this Contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other CONTRACT 3 307 party receives the notice of cancellation. Any purchase order, service order or agreement to procure goods and services already accepted by Contractor prior to such termination shall continue through its fulfillment and payment, notwithstanding any termination of this Contract. 12) Licenses. Contractor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by Contractor. Contractor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services under the Contract. Region 4 ESC reserves the right to stop work and/or cancel the Contract if Contractor's license(s) expire, lapse, are suspended or terminated. 13)Survival Clause. All applicable software license agreements, warranties or service agreements that are entered into between Contractor and Region 4 ESC under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued and accepted by Contractor shall survive expiration or termination of the Contract. 14) Delivery. Conforming product shall be shipped within 7 days of receipt of Purchase Order. If delivery is not or cannot be made within this time period, the Contractor must receive authorization for the delayed delivery. The order may be canceled if the estimated shipping time is not acceptable. All deliveries shall be freight prepaid, F.O.B. First Destination and shall be included in all pricing offered unless otherwise clearly stated in writing or as otherwise indicated by Contractor or the applicable manufacturer. 15) Inspection & Acceptance. If defective or incorrect material is delivered, Region 4 ESC may make the determination to return the material to the Contractor at no cost to Region 4 ESC provided that before such return Region 4 ESC and contractor have mutually agreed on a timeframe within which contractor may cure the alleged defect or incorrect delivery and allow the contractor to effect such cure. The Contractor agrees to pay all shipping costs for the return shipment. Contractor shall be responsible for arranging the return of the defective or incorrect material. 16) Payments. Payment shall be made after satisfactory performance, in accordance with all provisions thereof, and upon receipt of a properly completed invoice but in no event later than sixty (60) days from invoice date. 17) Price Adjustments. Should it become necessary or proper during the term of this Contract to make any change in design or any alterations that will increase price, Region 4 ESC must be notified immediately. Price increases must be approved by Region 4 ESC and no payment for additional materials or services, beyond the amount stipulated in the Contract shall be paid without prior approval. All price increases must be supported by manufacturer documentation, or a formal cost justification letter. Contractor must honor previous prices for thirty (30) days after approval and written notification from Region 4 ESC. It is the Contractor's responsibility to keep all pricing up to date and on file with Region 4 ESC. All price changes must be provided to Region 4 ESC, using the same format as was provided and accepted in the Contractor's proposal. Price reductions may be offered at any time during Contract. Special, time-limited reductions are permissible under the following conditions: 1) reduction is available to all users equally; 2) reduction is for a specific period, normally not less than thirty (30) days; and 3) original price is not exceeded after the time-limit. Contractor shall offer Region 4 ESC any published price reduction during the Contract term. CONTRACT 4 308 18)Audit Rights. Contractor shall, at its sole expense, maintain appropriate due diligence of all purchases made by Region 4 ESC and any entity that utilizes this Contract. Region 4 ESC reserves the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. Region 4 ESC shall have the authority to conduct random audits of Contractor's pricing at Region 4 ESC's sole cost and expense. Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing being offered that is materially inconsistent with the pricing under this agreement, Region 4 ESC shall have the ability to conduct an extensive audit of Contractor's pricing at Contractor's sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a third- party auditing firm. In the event of an audit, the requested materials shall be provided in the format and at the location designated by Region 4 ESC. Notwithstanding the foregoing, Region 4 ESC's audit rights shall apply only to orders placed under the Contract. In no event will Contractor's liability for the cost of any audit exceed $10,000.00. 19) Discontinued Products. If a product or model is discontinued by the manufacturer, Contractor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model. 20) New Products/Services. New products and/or services that meet the Scope of Work may be added to the Contract. Pricing shall be equivalent to the percentage discount for other products. Contractor may replace or add product lines if the line is replacing or supplementing products, is equal or superior to the original products, is discounted similarly or greater than the original discount, and if the products meet the requirements of the Contract. No products and/or services may be added to avoid competitive procurement requirements. Region 4 ESC may require additions to be submitted with documentation from Members demonstrating an interest in, or a potential requirement for, the new product or service. Region 4 ESC may reject any additions without cause. 21)Options. Optional equipment for products under Contract may be added to the Contract at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2) the option is an enhancement to the unit that improves performance or reliability. 22)Warranty Conditions. All supplies, equipment and services shall include manufacturer's minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in writing. Contractor will provide the manufacturer's Limited Product Warranty as the exclusive warranty furnished for equipment, goods or materials furnished pursuant to the Contract. Services performed by Contractor (or its subcontractors) are guaranteed to meet industry standards for a period of one (1) year from completion of such services. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE WHICH ARE HEREBY SPECIFICALLY DISCLAIMED. 23)Site Cleanup. Contractor shall clean up and remove all debris and rubbish resulting from their work as required or directed. Upon completion of the work, the premises shall be left in good repair and an orderly, neat, clean, safe and unobstructed condition. 24)Site Preparation. Contractor shall not begin a project for which the site has not been prepared, unless Contractor does the preparation work at no cost, or until Region 4 ESC includes the CONTRACT 5 309 cost of site preparation in a purchase order. Site preparation includes, but is not limited to: moving furniture, installing wiring for networks or power, and similar pre-installation requirements. 25) Registered Sex Offender Restrictions. For work to be performed at schools, Contractor agrees no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or are reasonably expected to be present. Contractor agrees a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at Region 4 ESC's discretion. Contractor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge. 26)Safety measures. Contractor shall take all reasonable precautions for the safety of employees on the worksite and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Contractor shall post warning signs against all hazards created by its operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage. 27)Smoking. Persons working under the Contract shall adhere to local smoking policies. Smoking will only be permitted in posted areas or off premises. 28)Stored materials. Upon prior written agreement between the Contractor and Region 4 ESC, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials must be provided to Region 4 ESC prior to payment. Such materials must be stored and protected in a secure location and be insured for their full value by the Contractor against loss and damage. Contractor agrees to provide proof of coverage and additionally insured upon request.Additionally, if stored offsite, the materials must also be clearly identified as property of Region 4 ESC and be separated from other materials. Region 4 ESC must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by Region 4 ESC, it shall be the Contractor's responsibility to protect all materials and equipment. Contractor warrants and guarantees that title for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance. 29) Funding Out Clause. A Contract for the acquisition, including lease, of real or personal property is a commitment of Region 4 ESC's current revenue only. Region 4 ESC retains the right to terminate the Contract at the expiration of each budget period during the term of the Contract and is conditioned on a best effort attempt by Region 4 ESC to obtain appropriate funds for payment of the contract, provided, however, that any purchase order or agreement for the sales of materials, equipment or services accepted by contractor prior to such termination shall not be terminated or cancelled but instead negotiated to continue through their completion and payment with the public agencies. 30) Indemnity. Contractor shall protect, indemnify, and hold harmless both Region 4 ESC and its administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from bodily injury or damage to tangible property to the extent resulting from the negligent actions of the Contractor, Contractor employees or subcontractors in the preparation of the solicitation and the later execution of the Contract. Any litigation CONTRACT 6 310 involving either Region 4 ESC, its administrators and employees and agents will be in Harris County, Texas. 31)Marketing. Upon prior written request to and written approval by Contractor, Contractor agrees to allow Region 4 ESC to use their name and logo within website, marketing materials and advertisement. Any use of Region 4 ESC name and logo or any form of publicity, inclusive of press releases, regarding this Contract by Contractor must have prior approval from Region 4 ESC. Any such permission for use provided by Contractor shall terminate upon notice by Contractor or termination of this Agreement. 32)Certificates of Insurance. Certificates of insurance shall be delivered to the Region 4 ESC prior to commencement of work. The Contractor shall give Region 4 ESC a minimum of ten (10) days' notice prior to any modifications or cancellation of policies. The Contractor shall require all subcontractors performing any work to maintain coverage as specified. 33) Legal Obligations. It is Contractor's responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services and shall comply with all laws while fulfilling the Contract. Applicable laws and regulation must be followed even if not specifically identified herein. 34) LIMITATION OF LIABILITY:NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED WITHIN THE CONTRACT, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR SPECIAL,I NCI DENTAL, INDIRECT, PUNITIVE,CONSEQUENTIAL, DELAY OR LIQUIDATED DAMAGES FOR ANY REASON WHETHER OR NOT FORESEEABLE, NOR SHALL EITHER PARTY SEEK OR APPLY FOR SUCH DAMAGES. "CONSEQUENTIAL DAMAGE" INCLUDES, WITHOUT LIMITATION, LOSS OF ANTICIPATED PROFITS; BUSINESS INTERRUPTION; LOSS OF USE, REVENUE, AND REPUTATION OR DATA. IN NO EVENT WILL EITHER PARTY'S LIABILITY HEREUNDER, WHETHER IN LAW, EQUITY, CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EXCEED THE PRICE PAID OR PAYABLE FOR THE EQUIPMENT, GOODS OR SERVICES GIVING RISE TOTHE CLAIM CONTRACT 7 311 OFFER AND CONTRACT SIGNATURE FORM The undersigned hereby offers and, if awarded, agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing_ Company Name D...i.i.ki..i.i..Applied. .. ............. .... .......... .... ... .............. .... Address 13600 Industrial I'ark Hotflevar(l City/State/Zip Minneapolis,Mi tinesow 5541 "Telephone No, 763 553 3550 Email Address ii int tie.rot listei it(0,(1ai ki napplie(I.com ...........-111111--"--................................ Printed Name —.Michael Schwar(z--,......................... Title Lp '�T -"", Authorized signature Accepted by Region 4 ESC: Contract No. R200401 October 1, 2020 September 30, 2023 Initial Contract Term— to 8/2 Dat 5/2020 Regi6n 4 E,§e,' Authorize 4 Bo'Ard'MemCer Margaret S . Bass Print Name �O2 0 Region 4 ESC Authorized Board Member Date Linda Tinnerman ................................. Print Name Page 28 312 Appendix B TERMS & CONDITIONS ACCEPTANCE FORM Signature on the Offer and Contract Signature form certifies complete acceptance of the terms and conditions in this solicitation and draft Contract except as noted below with proposed substitute language (additional pages may be attached, if necessary). The provisions of the RFP cannot be modified without the express written approval of Region 4 ESC. If a proposal is returned with modifications to the draft Contract provisions that are not expressly approved in writing by Region 4 ESC, the Contract provisions contained in the RFP shall prevail. Check one of the following responses: ❑ Offeror takes no exceptions to the terms and conditions of the RFP and draft Contract. (Note: If none are listed below, it is understood that no exceptions/deviations are taken.) X Offeror takes the following exceptions to the RFP and draft Contract. All exceptions must be clearly explained, reference the corresponding term to which Offeror is taking exception and clearly state any proposed modified language, proposed additional terms to the RFP and draft Contract must be included: (Note: Unacceptable exceptions may remove Offeror's proposal from consideration for award. Region 4 ESC shall be the sole judge on the acceptance of exceptions and modifications and the decision shall be final. If an offer is made with modifications to the contract provisions that are not expressly approved in writing, the contract provisions contained in the RFP shall prevail.) Section/Page Term, Condition, or Exception/Proposed Modification Accepted Specification (For Region 4 ESC's use au.u. II ouIIf.,:Wnulg IlDagu.,s for d,..,d.,:ur DUu.i.u. Ilu si, of 8/24/20 Region 4 accepts exceptions Page 29 313 For use with Appendix B,Terms and Conditions Exceptions to RFP pg. 29 Section/Page Term,Condition or Exception/Proposed Modification Accepted (For Specification Region 4 ESC's use) Section Cancellation for Non- To the end of Section 11(a), insert the 11(a)/Page 24 Performance or Contractor following sentence, "Reference to Deficiency "specifications" herein shall be construed to mean "approved submittals" relating to equipment furnished by Contractor. Section Cancellation for Non- In the last paragraph of Section 11(a), 11(a)/Page 24 Performance or Contractor change"ten (10)days"to "a reasonable Deficiency time" Section Cancellation for Non- In the last paragraph of Section 11(a), 11(a)/Page 24 Performance or Contractor after"under this paragraph" insert"and Deficiency upon payment for work and materials already performed or furnished" Section Termination for Cause Please delete this section in its entirety. 11(b)/Page 24 Generally duplicative of Sections 11(a) and 11(d). Section Delivery/Service Failures Replace the first sentence with the 11(c)/Page 24 following, "Failure to deliver goods or services within a mutually agreed timeframe or failure to make repairs, replacements or corrections in accordance with the applicable warranty(as defined below)shall constitute grounds for the Contract to be terminated,subject to the provisions set forth in Section 11(a) providing for notice to Contractor and Contractor's reasonable opportunity to cure any alleged unmet performance obligation. Delete the last sentence"In the even Region 4 ESC must purchase in an open market,Contractor agrees to reimburse Region 4 ESC,within a reasonable time period,for all expenses incurred. Section Standard Cancellation Replace the third sentence of Section 11(e)/Page 24 11(e)with the following, "Any purchase order,service order or agreement to procure goods and services already accepted by Contractor prior to such termination shall continue through its fulfillment and payment, notwithstanding any termination of this Contract." Section Delivery Revise the first sentence of Section 14 14/Page 25 by adding the following to the end of 314 For use with Appendix B,Terms and Conditions Exceptions to RFP pg. 29 the sentence, "or as otherwise indicated by Contractor or the applicable manufacturer." Section Delivery In the last sentence of Section 14, insert 14/Page 25 "First" before"Destination" Section Inspection&Acceptance Revised the first sentence of Section 15 15/Page 25 by adding the following to the end of the sentence ", provided that before such return Region 4 ESC and contractor have mutually agreed on a timeframe within which contractor may cure the alleged defect or incorrect delivery and allow the contractor to effect such cure." Section Payments To the end of Section 16,add "but in no 16/Page 24 event later than sixty(60)days from invoice date." Section Audit Rights To the end of Section 18,add the 18/Page 24 following, "Notwithstanding the foregoing, Region 4 ESC's audit rights shall apply only to orders placed under the Contract. In no event will Contractor's liability for the cost of any audit exceed$10,000." Section Warranty Conditions To the end of Section 22,add the 22/Page 26 following, "Contractor will provide the manufacturer's Limited Product Warranty as the exclusive warranty furnished for equipment,goods or materials furnished pursuant to the Contract. Services performed by Contractor(or its subcontractors)are guaranteed to meet industry standards for a period of one(1)year from completion of such services. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING,BUT NOT LIMITED TO,THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE WHICH ARE HEREBY SPECIFICALLY DISCLAIMED." Section Funding out Clause To the end of section 29 add the 29/Page 27 following", provided,however,that any purchase order or agreement for the sale of materials,equipment or services accepted by contractor prior to such termination shall not be terminated or cancelled but instead continue through their completion and payment with the public agencies." 315 For use with Appendix B,Terms and Conditions Exceptions to RFP pg. 29 Section Indemnity Revise the first sentence of Section 30 30/Page 27 as follows: (i) by inserting"bodily injury or damage to tangible property to the extent directly resulting from"after "resulting from"; and (ii) by inserting "negligent" before"actions of the Contractor" Section Insert New Section 34, Insert New Section 34 as follows: 34/Page 27 Limitation of Liability LIMITATION OF LIABILITY: NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED WITHIN THE CONTRACT,IN NO EVENT WILL EITHER PARTY BE LIABLE FOR SPECIAL, INCIDENTAL,INDIRECT,PUNITIVE, CONSEQUENTIAL,DELAY OR LIQUIDATED DAMAGES FOR ANY REASON WHETHER OR NOT FORESEEABLE,NOR SHALL EITHER PARTY SEEK OR APPLY FOR SUCH DAMAGES. "CONSEQUENTIAL DAMAGE" INCLUDES,WITHOUT LIMITATION,LOSS OF ANTICIPATED PROFITS; BUSINESS INTERRUPTION; LOSS OF USE,REVENUE,AND REPUTATION OR DATA. IN NO EVENT WILL EITHER PARTY'S LIABILITY HEREUNDER,WHETHER IN LAW, EQUITY,CONTRACT,INFRINGEMENT, NEGLIGENCE,STRICT LIABILITY OR OTHERWISE,EXCEED THE PRICE PAID OR PAYABLE FOR THE EQUIPMENT, GOODS OR SERVICES GIVING RISE TO THE CLAIM. Appendix A, Marketing Insert prior to the first sentence the #31, Page 31, following"Upon prior written request OMNIA Parterns sections Page 65 and to and written approval by Contractor," National Contractor agrees to allow Region 4 Promotion#10 ESC... Add as the last sentence"Any such permission for use to provided by Contractor to Region 4 ESC shall terminate upon notice by Contractor or termination of this Agreement." Appendix C, Rights to Inventions Made Section 6 is stricken in its entirety. DOC#5, Under a Contract or Contractor reserves all intellectual Special Agreement property rights. Conditions, Section 6/Page 42 Appendix D, Sales Commitment Revise Section 2.2 to read as follows, Exhibit A, "Supplier commits to the not-to-exceed 316 For use with Appendix B,Terms and Conditions Exceptions to RFP pg. 29 Response for pricing provided under the Master National Agreement for purchases made under Cooperative the Master Agreement(including its Contract, terms and conditions). OMNIA and Section Region 4 ESC recognize that Contractor 2.2/Page 57 may have other group or cooperative purchasing agreements as well as Contractor's GSA Schedules("Other Contracts"). In the event such Other Contracts provide to members or purchasers more favorable pricing, Contractor is under no obligation to make such pricing available under the Master Agreement. Additionally, Contractor may have existing contracts with members or purchasers and in those instances, current pricing will not be affected or modified." Appendix D. Administrative Fee In the last sentence of Section 13, insert Exhibit B. "undisputed"before "paid when due Administration shall bear" Agreement, Section 13/Page 66 Appendix D. Rights to Inventions Section 14 is stricken in its entirety. Exhibit F. Contractor reserves all intellectual FEMA Special property rights. Conditions, Section 14/Page 85 Appendix D. Contract Sales Strike this section and replace with, Exhibit A. `Supplier projects, but does not Response for guarantee,OMNIA contract sales in the National first three years of the contract to be: Cooperative Contract, $55M in year one(CY2021) Section 3.31 $60M in year two(CY2022) $65M in year three(CY2023) The Administrative Fee shall be calculated as set forth in the Public Sector Administration Agreement, Section 11, per Daikin Applied's requested revisions below. Explanation: Dodge expects a contraction in non-residential construction permits 2020—2022,and although Daikin Applied does not guarantee sales goals,we are optimistic that we can achieve these projected revenue targets. 317 For use with Appendix B,Terms and Conditions Exceptions to RFP pg. 29 Appendix D, Administrative Fee Replace the first sentence of Section 11 Exhibit B, with the following, 'An "Administrative Section 11, Fee"shall be calculated and due to Administrative OMNIA Partners, Public Sector from Fee, Reporting Supplier based on the Administrative and Payment Fee Percentage (as defined below) which will be no greater than the lowest fee being paid by any other HVAC contract holders in OMNIA Partners portfolio ("Administrative Fee Percentage") multiplied by the total purchase amount paid to Supplier, less refunds,credits on returns, rebates and discounts,for the sale of products and/or services to Principal Procurement Agency and Participating Public Agencies pursuant to the Master Agreement(as amended from time to time and including any renewal thereof) ("Contract Sales").' Appendix D. Sales Reporting Replace template with Daikin specific Exhibit E. reporting template. Contract Sales Reporting Template RFP III section Samples Delete this section as samples are not 22 page 11 available as all equipment is engineered and manufactured to specification requirements. 318 / DA IIIF #KIN Offeror's Company Name Daikin Applied Americas Inc. Solicitation Name HVAC Equipment, Installation , Service, & Related Products Solicitation Number 20-04 OMNIA PARTNERS e gon. 110 July 14, 2020 319 region4" 7145 West Tidwell Road - Houston, Texas 77092 (713)-462-7708 www.esc4.net NOTICE TO OFFEROR Ilf Ilf Ilf III Ilf III III Solicitation Number 20-04 Request for Proposal ("RFP") by Region 4 Education Service Center ("ESC") for HVAC Equipment, Installation, Services & Related Products SUBMITTAL DEADLINE: Tuesday, April 7, 2020, 10:00 AM CENTRAL TIME This Addendum No. 1 amends the Request for Proposals (RFP) for HVAC Equipment, Installation, Services & Related Products ("Addendum"). To the extent of any discrepancy between the original RFP and this Addendum, this Addendum shall prevail. Region 4 Education Service Center ("Region 4 ESC') requests proposals from qualified suppliers with the intent to enter into a Contract for HVAC Equipment, Installation, Services & Related Products. Addendum No. 1 is hereby issued as follows: 1. Submittal Deadline: The submittal deadline for this RFP is hereby changed from Tuesday, March 24, 2020 @ 2.00 PM Central Time and extended as indicated below and above: • Tuesday, April 7, 2020 @ 10.00 AM Central Time 320 RECEIPT OF ADDENDUM NO. 1 ACKNOWLEDGEMENT Offeror shall acknowledge this addendum by signing below and include in their proposal response. Company Name Daikin Applied Americas Inc Contact Person Duane Rothstien Signature Date July 1, 2020 Crystal Wallace Region 4 Education Service Center Business Operations Specialist 321 region4" 7145 West Tidwell Road - Houston, Texas 77092 (713)-462-7708 www.esc4.net NOTICE TO OFFEROR Ilf Ilf Ilf III Ilf III III Solicitation Number 20-04 Request for Proposal ("RFP") by Region 4 Education Service Center ("ESC") for HVAC Equipment, Installation, Services & Related Products SUBMITTAL DEADLINE: Tuesday, April 14, 2020, 10:00 AM CENTRAL TIME This Addendum No. 2 amends the Request for Proposals (RFP) for HVAC Equipment, Installation, Services & Related Products ("Addendum"). To the extent of any discrepancy between the original RFP and this Addendum, this Addendum shall prevail. Region 4 Education Service Center ("Region 4 ESC') requests proposals from qualified suppliers with the intent to enter into a Contract for HVAC Equipment, Installation, Services & Related Products. Addendum No. 2 is hereby issued as follows: 1. Submittal Deadline: The submittal deadline for this RFP is hereby changed from Tuesday, April 7, 2020 @ 10.00 AM Central Time and extended as indicated below and above: • Tuesday, April 14, 2020 @ 10.00 AM Central Time 322 RECEIPT OF ADDENDUM NO. 2 ACKNOWLEDGEMENT Offeror shall acknowledge this addendum by signing below and include in their proposal response. Company Name Daikin Applied Americas Inc Contact Person Duane Rothstien Signature ...._ .... Date July 1, 2020 Crystal Wallace Region 4 Education Service Center Business Operations Specialist 323 region4" 7145 West Tidwell Road - Houston, Texas 77092 (713)-462-7708 www.esc4.net NOTICE TO OFFEROR Ilf Ilf Ilf III Ilf III III Solicitation Number 20-04 Request for Proposal ("RFP") by Region 4 Education Service Center ("ESC") for HVAC Equipment, Installation, Services & Related Products SUBMITTAL DEADLINE: Tuesday, May 5, 2020, 10:00 AM CENTRAL TIME This Addendum No. 3 amends the Request for Proposals (RFP) for HVAC Equipment, Installation, Services & Related Products ("Addendum"). To the extent of any discrepancy between the original RFP and this Addendum, this Addendum shall prevail. Region 4 Education Service Center ("Region 4 ESC') requests proposals from qualified suppliers with the intent to enter into a Contract for HVAC Equipment, Installation, Services & Related Products. Addendum No. 3 is hereby issued as follows: 1. Submittal Deadline: The submittal deadline for this RFP is hereby changed from Tuesday, April 14, 2020 @ 10.00 AM Central Time and extended as indicated below and above: • Tuesday, May 5, 2020 @ 10:00 AM Central Time 324 RECEIPT OF ADDENDUM NO. 3 ACKNOWLEDGEMENT Offeror shall acknowledge this addendum by signing below and include in their proposal response. Company Name Daikin Applied Americas Inc Contact Person Duane Rothstien ., " Signature .. � .�,......w. Date July 1, 2020 Crystal Wallace Region 4 Education Service Center Business Operations Specialist 325 region4" 7145 West Tidwell Road - Houston, Texas 77092 (713)-462-7708 www.esc4.net NOTICE TO OFFEROR Ilf Ilf Ilf III Ilf III III Solicitation Number 20-04 Request for Proposal ("RFP") by Region 4 Education Service Center ("ESC") for HVAC Equipment, Installation, Services & Related Products SUBMITTAL DEADLINE: Tuesday, May 5, 2020, 10:00 AM CENTRAL TIME This Addendum No. 4 amends the Request for Proposals (RFP) for HVAC Equipment, Installation, Services & Related Products ("Addendum"). To the extent of any discrepancy between the original RFP and this Addendum, this Addendum shall prevail. Region 4 Education Service Center ("Region 4 ESC') requests proposals from qualified suppliers with the intent to enter into a Contract for HVAC Equipment, Installation, Services & Related Products. Addendum No. 4 is hereby issued as follows: 1. Proposal Format: The submission requirement in Section 5 in the "Instructions to Offerors" in this RFP is hereby revised as follows: • The requirement for two (2) bound copies is waived. • Offeror must submit their complete response on two (2) electronic copies; pin/flash drives. Offeror must also submit two (2) electronic proposals free of propriety information to be posted, if awarded a Contract. 2. Required Documents • Any document requiring appearance before a notary shall be waived until a later date or upon Region 4 ESC request. 326 RECEIPT OF ADDENDUM NO. 4 ACKNOWLEDGEMENT Offeror shall acknowledge this addendum by signing below and include in their proposal response. Company Name Daikin Applied Americas Inc Contact Person Duane Rothstien Signature ...._ .... Date July 1, 2020 Crystal Wallace Region 4 Education Service Center Business Operations Specialist 327 region4" 7145 West Tidwell Road - Houston, Texas 77092 (713)-462-7708 www.esc4.net NOTICE TO OFFEROR Ilf Ilf Ilf III Ilf III III Solicitation Number 20-04 Request for Proposal ("RFP") by Region 4 Education Service Center ("ESC") for HVAC Equipment, Installation, Services & Related Products SUBMITTAL DEADLINE: Thursday, June 18, 2020, 10:00 AM CENTRAL TIME This Addendum No. 5 amends the Request for Proposals (RFP) for HVAC Equipment, Installation, Services & Related Products ("Addendum"). To the extent of any discrepancy between the original RFP and this Addendum, this Addendum shall prevail. Region 4 Education Service Center ("Region 4 ESC') requests proposals from qualified suppliers with the intent to enter into a Contract for HVAC Equipment, Installation, Services & Related Products. Addendum No. 5 is hereby issued as follows: 1. Submittal Deadline: The submittal deadline for this RFP is hereby changed from Tuesday, May 5, 2020 @ 10.00 AM Central Time and extended as indicated below and above: • Thursday, June 18, 2020 @ 10:00 AM Central Time 2. Approval from Region 4 ESC: Approval of contract award date is hereby changed from June 23, 2020 and extended as indicated below: • August 25, 2020 (tentative and subject to change) 328 RECEIPT OF ADDENDUM NO. 5 ACKNOWLEDGEMENT Offeror shall acknowledge this addendum by signing below and include in their proposal response. Company Name Daikin Applied Americas Inc Contact Person Duane Rothstien Signature Date July 1, 2020 Crystal Wallace Region 4 Education Service Center Business Operations Specialist 329 region4" 7145 West Tidwell Road - Houston, Texas 77092 (713)-462-7708 www.esc4.net NOTICE TO OFFEROR Ilf Ilf Ilf III Ilf III III Solicitation Number 20-04 Request for Proposal ("RFP") by Region 4 Education Service Center ("ESC") for HVAC Equipment, Installation, Services & Related Products SUBMITTAL DEADLINE: Tuesday, July 14, 2020, 10:00 AM CENTRAL TIME This Addendum No. 6 amends the Request for Proposals (RFP) for HVAC Equipment, Installation, Services & Related Products ("Addendum"). To the extent of any discrepancy between the original RFP and this Addendum, this Addendum shall prevail. Region 4 Education Service Center ("Region 4 ESC') requests proposals from qualified suppliers with the intent to enter into a Contract for HVAC Equipment, Installation, Services & Related Products. Addendum No. 6 is hereby issued as follows: 1. Submittal Deadline: The submittal deadline for this RFP is hereby changed from Thursday, June 18, 2020 @ 10.00 AM Central Time and extended as indicated below and above: • Tuesday, July 14, 2020 @ 10:00 AM Central Time 2. Approval from Region 4 ESC: Approval of contract award date is hereby changed from June 23, 2020 and extended as indicated below: • August 25, 2020 (tentative and subject to change) 330 RECEIPT OF ADDENDUM NO. 6 ACKNOWLEDGEMENT Offeror shall acknowledge this addendum by signing below and include in their proposal response. Company Name Daikin Applied Americas Inc Contact Person Duane Rothstien Signature .:: � �........ Date July 1, 2020 Crystal Wallace Region 4 Education Service Center Business Operations Specialist 331 / DA IIIF #KIN Offeror's Company Name Daikin Applied Americas Inc. Solicitation Name HVAC Equipment, Installation , Service, & Related Products Solicitation Number 20-04 Tab 332 EXHIBIT B ADMINISTRATION AGREEMENT,EXAMPLE ADMINISTRATION AGREEMENT THIS ADMINISTRATION AGREEMENT (this "Agreement") is made this _ day of 20_, between National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector ("OMNIA Partners, Public Sector"), and ("Supplier"). RECITALS WHEREAS, the (the "Principal Procurement Agency") has entered into a Master Agreement effective ,Agreement No , by and between the Principal Procurement Agency and Supplier, (as may be amended from time to time in accordance with the terms thereof, the "Master Agreement"), as attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein, for the purchase of (the "Product"); WHEREAS, said Master Agreement provides that any or all public agencies, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (collectively, "Public Agencies"), that register (either via registration on the OMNIA Partners, Public Sector website or execution of a Master Intergovernmental Cooperative Purchasing Agreement, attached hereto as Exhibit B) (each, hereinafter referred to as a "Participating Public Agency") may purchase Product at prices stated in the Master Agreement; WHEREAS, Participating Public Agencies may access the Master Agreement which is offered through OMNIA Partners, Public Sector to Public Agencies; WHEREAS, OMNIA Partners, Public Sector serves as the contract administrator of the Master Agreement on behalf of Principal Procurement Agency; WHEREAS, Principal Procurement Agency desires OMNIA Partners, Public Sector to proceed with administration of the Master Agreement; and WHEREAS, OMNIA Partners, Public Sector and Supplier desire to enter into this Agreement to make available the Master Agreement to Participating Public Agencies and to set forth certain terms and conditions governing the relationship between OMNIA Partners, Public Sector and Supplier. NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, OMNIA Partners, Public Sector and Supplier hereby agree as follows: DEFINITIONS 1. Capitalized terms used in this Agreement and not otherwise defined herein shall have the meanings given to them in the Master Agreement. Requirements for National Cooperative Contract Page 63 of 122 333 TERMS AND CONDITIONS 2. The Master Agreement and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. Supplier acknowledges and agrees that the covenants and agreements of Supplier set forth in the solicitation and Supplier's response thereto resulting in the Master Agreement are incorporated herein and are an integral part hereof. 3. OMNIA Partners, Public Sector shall be afforded all of the rights, privileges and indemnifications afforded to Principal Procurement Agency by or from Supplier under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to OMNIA Partners, Public Sector, its agents, employees, directors, and representatives under this Agreement including, but not limited to, Supplier's obligation to obtain appropriate insurance. 4. OMNIA Partners, Public Sector shall perform all of its duties, responsibilities and obligations as contract administrator of the Master Agreement on behalf of Principal Procurement Agency as set forth herein, and Supplier hereby acknowledges and agrees that all duties, responsibilities and obligations will be undertaken by OMNIA Partners, Public Sector solely in its capacity as the contract administrator under the Master Agreement. 5. With respect to any purchases by Principal Procurement Agency or any Participating Public Agency pursuant to the Master Agreement, OMNIA Partners, Public Sector shall not be: (i)construed as a dealer, re-marketer, representative, partner or agent of any type of the Supplier, Principal Procurement Agency or any Participating Public Agency; (ii) obligated, liable or responsible for any order for Product made by Principal Procurement Agency or any Participating Public Agency or any employee thereof under the Master Agreement or for any payment required to be made with respect to such order for Product; and (iii) obligated, liable or responsible for any failure by Principal Procurement Agency or any Participating Public Agency to comply with procedures or requirements of applicable law or the Master Agreement or to obtain the due authorization and approval necessary to purchase under the Master Agreement. OMNIA Partners, Public Sector makes no representation or guaranty with respect to any minimum purchases by Principal Procurement Agency or any Participating Public Agency or any employee thereof under this Agreement or the Master Agreement. 6. OMNIA Partners, Public Sector shall not be responsible for Supplier's performance under the Master Agreement, and Supplier shall hold OMNIA Partners, Public Sector harmless from any liability that may arise from the acts or omissions of Supplier in connection with the Master Agreement. 7. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OMNIA PARTNERS, PUBLIC SECTOR EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING OMNIA PARTNERS, PUBLIC SECTOR'S PERFORMANCE AS A CONTRACT ADMINISTRATOR OF THE MASTER AGREEMENT. OMNIA PARTNERS, PUBLIC SECTOR SHALL NOT BE LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF OMNIA PARTNERS, PUBLIC SECTOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TERM OF AGREEMENT; TERMINATION 8. This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the provisions of Sections 3 — 8 and 11 — 22, hereof and the Requirements for National Cooperative Contract Page 64 of 122 334 indemnifications afforded by the Supplier to OMNIA Partners, Public Sector in the Master Agreement, to the extent such provisions survive any expiration or termination of the Master Agreement, shall survive the expiration or termination of this Agreement. NATIONAL PROMOTION 9. OMNIA Partners, Public Sector and Supplier shall publicize and promote the availability of the Master Agreement's products and services to Public Agencies and such agencies' employees. Supplier shall require each Public Agency to register its participation in the OMNIA Partners, Public Sector program by either registering on the OMNIA Partners, Public Sector website ( rvvvv , „r2, , ,r,nets,, , /,;p,�a„b.!.i, ,eCtor),,or executing a Master Intergovernmental Cooperative Purchasing Agreement prior to processing the Participating Public Agency's first sales order. Upon request, Supplier shall make available to interested Public Agencies a copy of the Master Agreement and such price lists or quotes as may be necessary for such Public Agencies to evaluate potential purchases. 10. Supplier shall provide such marketing and administrative support as set forth in the solicitation resulting in the Master Agreement, including assisting in development of marketing materials as reasonably requested by Principal Procurement Agency and OMNIA Partners, Public Sector. Supplier shall be responsible for obtaining permission or license of use and payment of any license fees for all content and images Supplier provides to OMNIA Partners, Public Sector or posts on the OMNIA Partners, Public Sector website. Supplier shall indemnify, defend and hold harmless OMNIA Partners, Public Sector for use of all such content and images including copyright infringement claims. Supplier and OMNIA Partners, Public Sector each hereby grant to the other party a limited, revocable, non-transferable, non-sublicensable right to use such party's logo (each, the"Logo")solely for use in marketing the Master Agreement. Each party shall provide the other party with the standard terms of use of such party's Logo, and such party shall comply with such terms in all material respects. Both parties shall obtain approval from the other party prior to use of such party's Logo. Notwithstanding the foregoing, the parties understand and agree that except as provided herein neither party shall have any right, title or interest in the other party's Logo. Upon termination of this Agreement, each party shall immediately cease use of the other party's Logo. ADMINISTRATIVE FEE, REPORTING & PAYMENT 11. An "Administrative Fee" shall be defined and due to OMNIA Partners, Public Sector from Supplier in the amount of_percent (_%) ("Administrative Fee Percentage") multiplied by the total purchase amount paid to Supplier, less refunds, credits on returns, rebates and discounts, for the sale of products and/or services to Principal Procurement Agency and Participating Public Agencies pursuant to the Master Agreement (as amended from time to time and including any renewal thereof) ("Contract Sales"). From time to time the parties may mutually agree in writing to a lower Administrative Fee Percentage for a specifically identified Participating Public Agency's Contract Sales. 12. Supplier shall provide OMNIA Partners, Public Sector with an electronic accounting report monthly, in the format prescribed by OMNIA Partners, Public Sector, summarizing all Contract Sales for each calendar month. The Contract Sales reporting format is provided as Exhibit C ("Contract Sales Report"), attached hereto and incorporated herein by reference. Contract Sales Reports for each calendar month shall be provided by Supplier to OMNIA Partners, Public Sector by the 10th day of the following month. Failure to provide a Contract Sales Report within the time and manner specified herein shall constitute a material breach of this Requirements for National Cooperative Contract Page 65 of 122 335 Agreement and if not cured within thirty (30) days of written notice to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency's sole discretion, and/or this Agreement, at OMNIA Partners, Public Sector's sole discretion. 13. Administrative Fee payments are to be paid by Supplier to OMNIA Partners, Public Sector at the frequency and on the due date stated in Section 12, above, for Supplier's submission of corresponding Contract Sales Reports. Administrative Fee payments are to be made via Automated Clearing House (ACH) to the OMNIA Partners, Public Sector designated financial institution identified in Exhibit D. Failure to provide a payment of the Administrative Fee within the time and manner specified herein shall constitute a material breach of this Agreement and if not cured within thirty (30) days of written notice to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency's sole discretion, and/or this Agreement, at OMNIA Partners, Public Sector's sole discretion. All Administrative Fees not paid when due shall bear interest at a rate equal to the lesser of one and one-half percent(1 1/2%) per month or the maximum rate permitted by law until paid in full. 14. Supplier shall maintain an accounting of all purchases made by Participating Public Agencies under the Master Agreement. OMNIA Partners, Public Sector, or its designee, in OMNIA Partners, Public Sector's sole discretion, reserves the right to compare Participating Public Agency records with Contract Sales Reports submitted by Supplier for a period of four (4) years from the date OMNIA Partners, Public Sector receives such report. In addition, OMNIA Partners, Public Sector may engage a third party to conduct an independent audit of Supplier's monthly reports. In the event of such an audit, Supplier shall provide all materials reasonably requested relating to such audit by OMNIA Partners, Public Sector at the location designated by OMNIA Partners, Public Sector. In the event an underreporting of Contract Sales and a resulting underpayment of Administrative Fees is revealed, OMNIA Partners, Public Sector will notify the Supplier in writing. Supplier will have thirty (30) days from the date of such notice to resolve the discrepancy to OMNIA Partners, Public Sector's reasonable satisfaction, including payment of any Administrative Fees due and owing, together with interest thereon in accordance with Section 13, and reimbursement of OMNIA Partners, Public Sector's costs and expenses related to such audit. GENERAL PROVISIONS 15. This Agreement,the Master Agreement and the exhibits referenced herein supersede any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereto and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained or incorporated herein shall be valid or binding. In the event of any conflict between the provisions of this Agreement and the Master Agreement, as between OMNIA Partners, Public Sector and Supplier, the provisions of this Agreement shall prevail. 16. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any Administrative Fee and accrued interest, the prevailing party shall be entitled to reasonable attorney's fees and costs in addition to any other relief to which it may be entitled. 17. This Agreement and OMNIA Partners, Public Sector's rights and obligations hereunder may be assigned at OMNIA Partners, Public Sector's sole discretion to an affiliate of OMNIA Partners, Public Sector, any purchaser of any or all or substantially all of the assets of OMNIA Partners, Public Sector, or the successor entity as a result of a merger, reorganization, consolidation, conversion or change of control,whether by operation of law or otherwise. Supplier Requirements for National Cooperative Contract Page 66 of 122 336 may not assign its obligations hereunder without the prior written consent of OMNIA Partners, Public Sector. 18. All written communications given hereunder shall be delivered by first-class mail, postage prepaid, or overnight delivery on receipt to the addresses as set forth below. A. OMNIA Partners, Public Sector: OMNIA Partners, Public Sector Attn: President 840 Crescent Centre Drive Suite 600 Franklin, TN 37067 B. Supplier: 19. If any provision of this Agreement shall be deemed to be, or shall in fact be, illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever, and this Agreement will be construed by limiting or invalidating such provision to the minimum extent necessary to make such provision valid, legal and enforceable. 20. This Agreement may not be amended, changed, modified, or altered without the prior written consent of the parties hereto, and no provision of this Agreement may be discharged or waived, except by a writing signed by the parties. A waiver of any particular provision will not be deemed a waiver of any other provision, nor will a waiver given on one occasion be deemed to apply to any other occasion. 21. This Agreement shall inure to the benefit of and shall be binding upon OMNIA Partners, Public Sector, the Supplier and any respective successor and assign thereto; subject, however, to the limitations contained herein. 22. This Agreement will be construed under and governed by the laws of the State of Delaware, excluding its conflicts of law provisions and any action arising out of or related to this Agreement shall be commenced solely and exclusively in the state or federal courts in Williamson County Tennessee. 23. This Agreement may be executed in counterparts, each of which is an original but all of which, together, shall constitute but one and the same instrument. The exchange of copies of this Agreement and of signature pages by facsimile, or by .pdf or similar electronic transmission, will constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes. Signatures of the parties transmitted by facsimile, or by .pdf or similar electronic transmission, will be deemed to be their original signatures for any purpose whatsoever. Requirements for National Cooperative Contract Page 67 of 122 337 [INSERT SUPPLIER ENTITY NAME] NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY,A DELAWARE CORPORATION D/B/A OMNIA PARTNERS,PUBLIC SECTOR Signature Signature Sarah V aura Name Name Sr.Vice President,Public Sector Contracting Title Title Date Date Requirements for National Cooperative Contract Page 68 of 122 338 EXHIBIT C MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT, EXAMPLE MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This Master Intergovernmental Cooperative Purchasing Agreement (this "Agreement") is entered into by and between those certain government agencies that execute a Principal Procurement Agency Certificate ("Principal Procurement Agencies") with National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector and/or Communities Program Management, LLC, a California limited liability company d/b/a U.S. Communities (collectively, "OMNIA Partners. Public Sector") to be appended and made a part hereof and such other public agencies ("Participating Public Agencies") who register to participate in the cooperative purchasing programs administered by OMNIA Partners, Public Sector and its affiliates and subsidiaries (collectively, the "OMNIA Partners Parties") by either registering on the OMNIA Partners, Public Sector website ( r grniig,pg r ,q rn/p a l[.i r or any successor website), or by executing a copy of this Agreement. RECITALS WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, in compliance with their own policies, procedures, rules and regulations, a number of suppliers have entered into "Master Agreements" (herein so called) to provide a variety of goods, products and services ("Products") to the applicable Principal Procurement Agency and the Participating Public Agencies; WHEREAS, Master Agreements are made available by Principal Procurement Agencies through the OMNIA Partners Parties and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable federal and/or local purchasing ordinances and the laws of the State of purchase; and WHEREAS, in addition to Master Agreements, the OMNIA Partners Parties may from time to time offer Participating Public Agencies the opportunity to acquire Products through other group purchasing agreements. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result, the parties hereby agree as follows: 1. Each party will facilitate the cooperative procurement of Products. 2. The Participating Public Agencies shall procure Products in accordance with and subject to the relevant federal, state and local statutes, ordinances, rules and regulations that govern Participating Public Agency's procurement practices. The Participating Public Agencies hereby acknowledge and agree that it is the intent of the parties that all provisions of this Agreement and that Principal Procurement Agencies' participation in the program described herein comply with all applicable laws, including but not limited to the requirements of 42 C.F.R. § 1001.952(h), as may be amended from time to time. The Participating Public Agencies further acknowledge and agree that they are solely responsible for their compliance with all applicable"safe harbor" regulations, including Requirements for National Cooperative Contract Page 69 of 68 339 but not limited to any and all obligations to fully and accurately report discounts and incentives. 3. The Participating Public Agency represents and warrants that the Participating Public Agency is not a hospital or other healthcare provider and is not purchasing Products on behalf of a hospital or healthcare provider. 4. The cooperative use of Master Agreements shall be in accordance with the terms and conditions of the Master Agreements, except as modification of those terms and conditions is otherwise required by applicable federal, state or local law, policies or procedures. 5. The Principal Procurement Agencies will make available, upon reasonable request, Master Agreement information which may assist in improving the procurement of Products by the Participating Public Agencies. 6. The Participating Public Agency agrees the OMNIA Partners Parties may provide access to group purchasing organization ("GPO") agreements directly or indirectly by enrolling the Participating Public Agency in another GPO's purchasing program provided the purchase of Products through the OMNIA Partners Parties or any other GPO shall be at the Participating Public Agency's sole discretion. 7. The Participating Public Agencies (each a "Procuring Party") that procure Products through any Master Agreement or GPO Product supply agreement (each a "GPO Contract") will make timely payments to the distributor, manufacturer or other vendor (collectively, " u lier') for Products received in accordance with the terms and conditions of the Master Agreement or GPO Contract, as applicable. Payment for Products and inspections and acceptance of Products ordered by the Procuring Party shall be the exclusive obligation of such Procuring Party. Disputes between Procuring Party and any Supplier shall be resolved in accordance with the law and venue rules of the State of purchase unless otherwise agreed to by the Procuring Party and Supplier. 8. The Procuring Party shall not use this Agreement as a method for obtaining additional concessions or reduced prices for purchase of similar products or services outside of the Master Agreement. Master Agreements may be structured with not-to-exceed pricing, in which cases the Supplier may offer the Procuring Party and the Procuring Party may accept lower pricing or additional concessions for purchase of Products through a Master Agreement. 9. The Procuring Party shall be responsible for the ordering of Products under this Agreement. A non-procuring party shall not be liable in any fashion for any violation by a Procuring Party, and, to the extent permitted by applicable law, the Procuring Party shall hold non-procuring party harmless from any liability that may arise from the acts or omissions of the Procuring Party. 10. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE OMNIA PARTNERS PARTIES EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING ANY PRODUCT, MASTER AGREEMENT AND GPO CONTRACT. THE OMNIA PARTNERS PARTIES SHALL NOT BE LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF THE OMNIA PARTNERS PARTIES ARE ADVISED OF THE POSSIBILITY Requirements for National Cooperative Contract Page 70 of 122 340 OF SUCH DAMAGES. FURTHER, THE PROCURING PARTY ACKNOWLEDGES AND AGREES THAT THE OMNIA PARTNERS PARTIES SHALL HAVE NO LIABILITY FOR ANY ACT OR OMISSION BY A SUPPLIER OR OTHER PARTY UNDER A MASTER AGREEMENT OR GPO CONTRACT. 11. This Agreement shall remain in effect until termination by either party giving thirty (30) days' written notice to the other party. The provisions of Paragraphs 6 - 10 hereof shall survive any such termination. 12. This Agreement shall take effect upon (i) execution of the Principal Procurement Agency Certificate, or(ii) registration on the OMNIA Partners, Public Sector website or the execution of this Agreement by a Participating Public Agency, as applicable. NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY,A DELAWARE CORPORATION D/B/A OMNIA PARTNERS,PUBLIC SECTOR AND/OR COMMUNITIES PROGRAM MANAGEMENT, LLC,A CALIFORNIA LIMITED LIABILITY COMPANY D/B/A U.S. COMMUNITIES Authorized Signature Signature Sarah E.Vavra Name Name Sr.Vice President,Public Sector Contracting Title and Agency Name Title Date Date Requirements for National Cooperative Contract Page 71 of 122 341 EXHIBIT D PRINCIPAL PROCUREMENT AGENCY CERTIFICATE,EXAMPLE PRINCIPAL PROCUREMENT AGENCY CERTIFICATE In its capacity as a Principal Procurement Agency (as defined below) for National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector ("OMNIA Partners, Public Sector"), [NAME OF PPA] agrees to pursue Master Agreements for Products as specified in the attached Exhibits to this Principal Procurement Agency Certificate. I hereby acknowledge, in my capacity as of and on behalf of [NAME OF PPA] ("Principal Procurement Agency"), that I have read and hereby agree to the general terms and conditions set forth in the attached Master Intergovernmental Cooperative Purchasing Agreement regulating the use of the Master Agreements and purchase of Products that from time to time are made available by Principal Procurement Agencies to Participating Public Agencies nationwide through OMNIA Partners, Public Sector. I understand that the purchase of one or more Products under the provisions of the Master Intergovernmental Cooperative Purchasing Agreement is at the sole and complete discretion of the Participating Public Agency. Authorized Signature, [PRINCIPAL PROCUREMENT AGENCY] Signature Name Title Date Requirements for National Cooperative Contract Page 72 of 68 342 EXHIBIT E CONTRACT SALES REPORTING TEMPLATE 01%Eq,A PARTNERS,PUBLIC SECTOR EXMBITS ENJUBIT C-CONTRkCl SALTS REPORTINGTIMPLATE OMNIA Partners, Public Sector Contract! Sales Monthly Report, Supplier Name: Contract Sales Report Month: Contract ID: Supplier Reporting Contact!: S10C Dc"'d p)age 161 sample pup kukln Appfied's Saks 1�epoft Tittle: Phone: Email: Participating Agency# As s i g 110 d lby Contract Participating Agency Name Address CitY State Zip Code ONWA Transaction Date Sales for Adniiii Adniiii Partners, (Date of Sale) Month($) Fee% Fee PLINIC Sector and provided I I to SUPPlier) I Report Totals CLImUlative Contract Sales Requirements for National Cooperative Contract Page 73 of 68 343 EXHIBIT F FEDERAL FUNDS CERTIFICATIONS FEDERAL CERTIFICATIONS ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT TO WHOM IT MAY CONCERN: Participating Agencies may elect to use federal funds to purchase under the Master Agreement.This form should be completed and returned. DEFINITIONS Contract means a legal instrument by which a non—Federal entity purchases property or services needed to carry out the project or program under a Federal award.The term as used in this part does not include a legal instrument,even if the non—Federal entity considers it a contract,when the substance of the transaction meets the definition of a Federal award or subaward Contractor means an entity that receives a contract as defined in Contract. Cooperative agreement means a legal instrument of financial assistance between a Federal awarding agency or pass-through entity and a non—Federal entity that,consistent with 31 U.S.C.6302-6305: (a) Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass-through entity to the non—Federal entity to carry out a public purpose authorized by a law of the United States(see 31 U.S.C.6101(3));and not to acquire property or services for the Federal government or pass-through entity's direct benefit or use; (b) Is distinguished from a grant in that it provides for substantial involvement between the Federal awarding agency or pass-through entity and the non—Federal entity in carrying out the activity contemplated by the Federal award. (c)The term does not include: (1)A cooperative research and development agreement as defined in 15 U.S.C.3710a;or (2)An agreement that provides only: (i) Direct United States Government cash assistance to an individual; (ii)A subsidy; (iii)A loan; (iv)A loan guarantee;or (v) Insurance. Federal awarding agency means the Federal agency that provides a Federal award directly to a non—Federal entity Federal award has the meaning,depending on the context, in either paragraph(a)or(b)of this section: (a)(1) The Federal financial assistance that a non—Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity,as described in§200.101 Applicability;or (2) The cost-reimbursement contract under the Federal Acquisition Regulations that a non—Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in § 200.101 Applicability. (b)The instrument setting forth the terms and conditions.The instrument is the grant agreement,cooperative agreement, other agreement for assistance covered in paragraph (b) of § 200.40 Federal financial assistance, or the cost- reimbursement contract awarded under the Federal Acquisition Regulations. (c) Federal award does not include other contracts that a Federal agency uses to buy goods or services from a contractor or a contract to operate Federal government owned,contractor operated facilities(GOCOs). (d) See also definitions of Federal financial assistance,grant agreement,and cooperative agreement. Non—Federal entity means a state,local government,Indian tribe,institution of higher education(IHE),or nonprofit organization that carries out a Federal award as a recipient or subrecipient. Nonprofit organization means any corporation,trust,association,cooperative,or other organization,not including IHEs,that: (a) Is operated primarily for scientific,educational,service,charitable,or similar purposes in the public interest; Requirements for National Cooperative Contract Page 74 of 68 344 (b), Is riot organized primarlly for profit; and (p)Uses nel proceeds to aRalritain,finprove, or expand the operations of the orgaflizitioin. Obligations means, when used in connection with a rwrm--Federal enlity's, utilization of, fw-j& undora Federal awa,,W, cmders placod for property and service-,, wnlracts aiW sobawards made, and similar during a ffiven period that require paynient by Me neon--Federal entity during the wane of an future period, Pass-through evintity moans a non—Federal entity that provides a SUbmvard to 8 8Libredpient to carry ouil,part of a Federal program. Recipient rrwansa ilion—Federal entity that reu,,dves a Federal aviard directly from a PederM, awarding regency to cavty oul an a(Aivity under a Federal program-I he term recipient does not include subrecipients. Simplified acquisition threshold rneafls the dollar amount belove whidi a norr-Tederal enfily rrRay purchase property or. services using &mall purchase melhods. thou—I'ederal enfifies adopt small purd,iase procedures in order to expedite the purchase Of items costing less thainthe)sk'nplified acquisition [Iireshold,'The simplified acqoisitiori threshold is set by Ifie Federal kqu id tion Reg uh,ton at 48 CF R Subpart 21 (Definitions) and in accordance with 41 U�&G, 1908, As of bale publicatiori of this part, Me simplified acqui qifibn threshold is 250,000t but this threshold is periodically adjusted for in I'l Mon, (Also see definition of 200,67 Micro-purcliaso.) Subaward means,an award provided by a pass-1h rough entity to a subrecipien I for the subrecipion t to carry oul part of a Federal award received by the pass-through entity, It do-as not incloide,payments to a contractor or payrnonts to on individual that,is a beneficiary of a Federal program,A,subaward may be provided through,any farm of legal agreernent, includilig an agreement that the pass-througherifity ooiisiders a coi,iVact. Subreciplonttriearts an n,on—Federal)entity that receives an subawai'd froin a pass-ftrouglionfity to carry out pail of a Federal program;but does iiot indudo an individual that is a beneficiary of such prograrn,A subred pienit may also be a recipient of other ;Federal awards directly from a Federa] awardiag agency. Termination means the ending of a Federal award, in whole or in, port at any time prior to the planned end of period of perforittance. The following certificatiorts and provjsions may be required and apply whon Particif)atirig Agency expends federal funds for any purchase resullhig from this prockuennQnt process. Purmiant In 2 CYR § 2001,26, all contracts, iruck,iding smiall pumhases,, awarded by the Participating Agency and the Participating Agency's sobcoMraclars shall contain the of Appendix 11 to Pail 200,as applicable ......................... ....... .............................................................. NDIIX 11 TO 2 OF R PART 200 ...... ....................... (A)Contracts for more twin the si'mplified acquisition threshold currently set at$250,000,which is the[nflation adjusted amount determined by the Civilian Agency Acquisition Council and the Nflonse Acquisition Regulations; Council (Councills),as authofized by 41 U.S.C. 1908, mmst address administrative,contractual, or legal remedlies in instances where contractors violate or breach contract terms,andl provide for such sanctions,and penalties as appropriate. Rursuarit to Federal Rule (A),above,,wherr a Participating Agency expends federal funds, the participating Agenoy reWrves all rigitts,arrd privileges,under the applicable laws and regulations wilh respect to this procurement in the event of breach of contrad by either pa rty. Does offeror agree?YES ,_I R!lials of Authorized Representative of offeror (8) Termination for cause andifor convenience by the graintee,or subgrantee including the manner by which it will he effectod and the basis for settlement, Alll contracts in excess of$1,0,000) Purgii ant to Federal Rule{B)above, whien a Parlicipaling Agency expends federal furid% the PaTticipafirig Agency resorves the right to inimediately terminate ally agrowlenit in excess of 10,000 resulting f(oni this procairement pmcess in tho event of a breach or default of the agreeint"IX ,je r Wr d 'led in the terms of Ilse contract, Does offeror agree? YES_ In ifia[s of AL11hod zed lRopresen talive of offeror (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition off"Ifederal ly assisted construction contract,"in 41 CFI Part 6O-1.3 must incl ude the equal opportunilty clause Requirements fur Nationall, Cooperat[ve Clontracl Page '75 of 122 345 provided tinder 41 CFR 60.1,4(b), In accordance with Executive Order 11246, "Equal Employment Opportunity" �30 C FR 123191, 12935', 3 CFR Part,1964-1965 on ip,339),as,a intended by'Executive Order 11375,"Amending Executive 111246 Relating to Equal Employment Opportunity,`and Implementing regulations at 41 1 part 60, "Office of Federal Contract Carnpi lance Pro grams,Equal Employment Opportunity, Department of Lai Pionquant to Federal Rule(C)above,wl,Iieri a Nrticlpating Agency expends.lederal kinds,on arity'lederally assisted construction contract,the equal opportunity clause is,incorporated!by reference�,Iemll. Does offeror agree t0abidle by the aw,,,? YIE boS— —Ill ilialis of Aulhorfized Ropmmi ve of offeror (D), Davis-Bacon Act, as alnended (40 U.S.,C. 3141.3148), When required by Federal program, logislation, all pi constructiion contracts in exclass of $2,000 awarded by non-Federal entities must include a provision for compliance with the,Davis-Bacon Act i 13141-3144,and:3146.314S)as supplelim. ntedl by Department,of Labor regulations (219 CFR Pait 5, "Labor Standards Provisloris Applicable to Contracts Covering Federally Ffnanced and Assisted Coil 9triuction").In accordance with the statute, contractors must be required to pay wages to laborers and irnechanics at a rate not less, than the prevailing wages specified in a wage determination made by the Secretary of Labor, In addhion,contractors must.be rawAred to pay wages not less than once a week. The non-Federal entity must place a copy of the current,prevailing wage determination issued by the Department of Labor In each sollicitattion.The decision to award a contract or subcontraid must be Conditioned upon the acceptance of the wage, determination. The, non Fedorail oni must report,a[l suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act(40, 13145), as supplemented by Department of Labor regulatl0i EFL Part 3, "Contractors,and Subcontractors on Public Building or Public Work Financed in Whole or, 1;n, Part by Loans or Grants from the United States"), The Act Provides that each contractor or subrecipleirt must be Prohibited from Indliticing,by any,rnean%any person employed in One construction,completioni,or repair of public work:,to give up,any part of the compensation to which too or she is otherwise!entitled.The non-Federal entity inust report a III suspected or reported violations to the Federal awarding agency. PUi to Federal Rule i above, when a Partidpaliiig Agoncy expends federal funds dining the term of arm award for all contracts and su bgrai i for con rtic,I in or rep I offeror will be in compliance with all applii Davi8-Baoon, Act provisions, Does offeroragi YES 1 3 Contract Work Hours and Safely 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 mechai s; rr or laborers include a provision for complilance with 40 U.&C� 3702 and 3704, as supplemented by Department of Labor regulations(29 CPR Part 5). Under 40 U.S.C. VD2 of the Act, each contractor must be required to compute the,wages of every mochialtic and laborer on the basis of i standard work week of 40 hours, Work, In excess of'the standard work week its permissible provided that,the-worker is compensated at a Irate of not [ess then 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 ,C,, 3704 are applicable to construction work and provide that no laborer or mechanic in us,t be required to work In surroundings or,under working conditions which, are unsairiftary, hazardous, or, dangerous. These requirements do not apply to the purchases of supplies or inaterials or articles ordinarily available on the, open market, or contracts for transportation or transmission of Intelligence. Pursuant to Federa[ Rule (E), above, when a Partidpai Agency,expends fei funds, offeror certifies that oftener will be in cornIpIkerace with all appi,icable provisions of the Contract VVoi* 1-fours and Safi-My Slal)dards Act dui the i of an award for all coin i by Parlicipating Aries uesuiitamg f men urocurenventproocess. Does,offeror agree? YES Initials of Auilhuizod Repi rilastive of offeror (F), (Rights, to Inventions Made Under a Contract or Agreement. It the Federal awardl meets the definition, of "funding agreement" under 37 CFIR §4011.2 (a), and the recipient or subre6plent wishes to enter Into a contract with a srinall business firm or nonprofit organization regarding the substitution, of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the reciplent or subreciplent imus-t. comply with the requirements of 37 CFR Pail 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, Pui to Federal Rule (F) above, wtion federal furRds are expended by Participai Agency, the offeror certifies that during the term of an award for all contracts by Parlicipating Agency reselling from 1his proc%ji-ement process, the offeror agrees to Cedin Federal Rule(F)above. Does offeror agree? YES Initials of Authorized R.eptesentai of oi Require.rinents for National Cooperative, Conti Page 76 olf 122 346 (G) Clean Air Act �'42 U.S.G. 740,14671%) and the Federal Water Pollut[on Control Act (33 U.S.G. 1251-1387), as! arnenided—Contracts and subgrants of amounts in excess,of $150,000 must contain a provision that requilres the non. Federal award to agree to cornply with aji applicable standards,orders or regolations issued pursuant to the Clean Air Act (42 U.S.C. 74011-7671q)and the Federal Water Pollution Control Act as ainended (33 VS.CM 1251- U87). Vlolalfons must be reported to, the Federal awarding agency and the Regional Office of the Environmental Protection, Agency (EPA) Purstiant to Federal,Rule(G) above, when foder trial are expended by Participating Agency' IN offeror oertifies that during the terrn of an award for all contracts by P-articipalhig Agency rn,ember, resulting from this procurernenI process, Me offeror aq reeg, to comply wiih all app li,nblo roqu iroine+fl ts,as referenced in Federal RLfle(G) above. SDoes offeror agree? YES- Irnitiats of Aulhoriz(-dReprese,nLiiiiveofoffoi,(Y,r, �H)Debarment and Suspension(Executive 0 rdeirs 1 9 and 1 2,,689),—A contract award(see 2 GFR 180220)nwst not be made o parties listed on,the governinent widle excl uslons in the ystern for Award Managernent(SAM),,in accordance with th,e Executive Offilco, of the President Off[ce of Management: and Budget (OMB), guidelines, at 2 CFR 180 that implement Executive Orders, 12549 (3 CFR part 1986 Comip,., p. 189) and 12689 (3 CFR part: 1989 Comp'.,, p. 235), "Debarment and Suspension." SAM Exclusions contarns the nannies of parties debarred, suspoinded, or otherwise excluded by agencies,as well as parties declared ineligible under statutory or re, ulat"authority other than Executive Order 1254'9. Pktrsijant to Federai Rule (H) above, when federal funds are expended by Participating Agier,icy, the offeror cerfifies Iliat dwing the term of an award for all (>ontrads,by,Pa6cipating Agency resufting from this porcttiremA',,rit process, the oftror coftifios that neither it nor its,pf incipa[s is preserilly,diebarred,suspended,proposed far debarmerri,declared ineligible,or voluntarily exiJuded frorn participation by any federal departrnentoragency, If at any time during the term of an award the offeror or ils pfindpds becoine8 debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from parfidpatioo by, any lederal departwien I of agency,the pfferor will nolify the f�artici pating Agency, Does offeror agree? YE I N tials of Authorized Representative of offeror (1) Byrd Ant i-Lob byl ng Amendment (31 U.S.C. 1 M,2)--Contractors,that apply or, bid for an awardl exceeding $100,000 must, file the required certification. Each tier certifies to the tier above that It wiff not: and hias not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a inernber of Congress, ofter or employee of Congress,or an employee of a, mernber of Congress In connection with, obtaining any, Federal contract, grant or,any other award covered by, 31 V&C, 1352� Each, tier must also disclose any lobbyibg with non-Federal funds that takes place in connection with obtaining any Federal award, Such d Isc[osiures are forwarded from tier to tier up,to the non-Federal award, Pursuant,to Federal Rule (1) above:, when federal funds are expended by Participating Agertcy, ffte offeror certifies that during Ifie term and after the awarded terrn of an award for all contracts by Participating Ageiicy resuffiq frorn this pfocuremelit process, 1he offeror certifies that H is in corriplianc8 4h all applicable provisions,of Vie Byrd Arifii-Lobbying Arnendirient(31 U&C. 1352). The undersigned fudlier mrtifies MaL (1) No Federal 8ppropdatedftirlids have been paid orwil[be paid for oii behalf of the imdersigned,to any person for iMlueadnq ,or aftempting 10 influence an officer or employee of any agenoy, a Member of Congress, an officer or employee of congress, or an employee of a Merriber of Congress in connectio,ii witli the avearding of a Fedora]contract, tine making of a federal grant, the makhig of a Fodera[loari, tine entering into a cooperative agreement,and tire ext0flsimi,continuation, renewal, amendment,, or modificatiori of a.Federal contract,grant, loan,or cooperative agreemeril, (2) If any funds oilier than Federal approprialod furids have been paid or wilt be paid to any, person for hillueflorig or aftempting to influerice afl officer or einployee of, any agency, a Member of Congress, an officer or employee of congress, or aii eiriployee of a Member of Congress in connection,W111 link F W' oral grant or cooperative agreeinen I,the,ij ndengigned shall complete and subm,it Slandard Form-LLL,'Disdosuire Form to Re port Lobbong':,i ri accord aoce with its instructions, (3) The undersigned shall requ ire. that the tang urage of this certificabon be includod in the award dc,oumen ts for all coverect sun-awarda exceeding $'100,0,00, in Fodor8l funds at all appropriate tiers and In al. all subrecipieri Is shall certify and dige;lose ticcordi,ogly. Does offeror agree? YES�mmm In ifials,of Authorized RepreseMative of offeror RECORD IRETENTIM REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal Mads are expended by Partidpaling Agoncy for any oontract re5ul4riq learn this procurement process, offe'roi, Requirements for Natio,nall Cooperative Contr ct eagle 77 of 12,21 347 certifies that it will comply wilh the record ralol'iflon roquirearnonts detailed in 2' CF14§ 200.333, The offeror further oerlifies that (�ffero,r will retain all records as requ0ed by 2 GFR § 2G0,33,3 for a period of: three years after grantees or 9,0granlees subgr6t fi i)al expoildkire reports or quarterly of a yi financial reports,as,applic Ible,and all other pori;naffi,,,,,rs are closed Does offeror 99iree? YES ............................. ........................................................................... ............ ........... ...................... Ini`kiads of ...................... CERTIFICATION OF COMPLIANCIEVITH THE ENERGY" AND CONSERVATION ACT ......................................................................................... .........................................................____ _______________ Participaling Agency expeilds,federal funds for any writract resuffing from this procurement process, offerm cieflifles,Mat it will cornply with, 1he mandatory standards,and policies relatillig to onergy efficieRGY which are contained; in 1he stale energy coilservation plan io.'klied in cornZhance with time Energy Pollicy and Conservalibn Act(42 UZ,C.6321 et seq.;419 C.F.R. P�,lirt 18), Does offeror aWoe? YES_,,, .........—1 Initials of Autlmrized Rep resentative ofoli .................. .............. .................................................... C ERTIFICAT ION OF CO,MPLI�ANC E WITH BUY AMERICA PROVISIONS ................. .......... To the exteit purchasesiare inado with Federal fligh'Veay Admi6igitcation, Federal Radroal kirniNsValion,or,Fedli,,00l Transit offeror cof fifies that b products CQMpl y with all applkable provisions of the Buy America Act and agrees to provide such cerlificalion or appliczible waiver with respect to 9,peGific products to all y Partidpallng i upon request, Purchases ri in accordaince wffli the Buy America Act ml,istwift,follows the applioalble procui)ameflit rules calliliq for free and open compefilion. Does;offeror agree? YES ofAutfilorized ReprPsenlative of offeror ............................................ ........................................ CERTIFICATION OF ACCESS TO RECORDS �2 C�F.R, ...................... ...................................... -11111111111............i ""'i.......................................-—--------- Offefor agrees that the hispector General of the Agency or any of their duly authorized representativiesshall have access to any doGurnents:, papers, or o1her reco;ds of offeror that are pertin,ent to offerofs discharge of its obligatioris, under the Contract for thie purpose of inalking audits,, examinatio%, excerpts,and transcriptions, The right alsoi hick,ildois timoly nrid reasonable access lo offeror's porsenneh for the pur ose f liter d fiisoussfon relating to such docunlients. Does offeror agreel YES Initials of, ulhorized Represenlative of Qfferor ...................................................... ......................... CERTI F ICATION OF APPLICAB ILITYTO,SUBCONT,RACTORS, .............. .......................... ...... Offeror agrees that all contracts it awar&purs an lc the Contract shall be bound by the foregoing terns and(:ondlfions. Does i agree? YES Initials of Authorized)Representative of offieror Offeror agrees to cornply with all federal,state,,arid local laws, rules,regulations and ordinanices,as applicable.It is further acknowledged that offerorcortifies tornp[lance vdth ell provisilo ns,I aws,acts,,regulations,etc.as specifically noted above, Offororl"s Narne:: ...Daikin Aj).g L, �j I r1c, ........................................... ...................................... Address„filly, State,aria Zip Code: 1-36001 1,11011ist ri 111 Flark l3c)1,jJeVar(1,...MJ 1111ea �,jl is, I 5544 .................. .......... Phone Niupltjf�r,: 763 553 3550 Fax li Printed Naine said Title ofkfliorized Representative; Email.Addresq.: q W11 l " 111111%) X 1 Taa a wil" A Signature cif Authorized Representative: .-Date: ..A 12.,i it 6 2)2 Requirementsfor National Cooperative Contract Page 78 of 12'.2 48 FEMA SPECIAL CONDITIONS Awarded Supplier(s) may need to respond to events and losses where products and services are needed for the immediate and initial response to emergency situations such as, but not limited to, water damage, fire damage, vandalism cleanup, biohazard cleanup, sewage decontamination, deodorization, and/or wind damage during a disaster or emergency situation. By submitting a proposal, the Supplier is accepted these FEMA Special Conditions required by the Federal Emergency Management Agency (FEMA). "Contract" in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as the "Master Agreement". "Contractor' in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as "Supplier" or"Awarded Supplier". Conflicts of Interest No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a FEMA award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties, has a financial or other interest in or a tangible personal benefit from a firm considered for award. 2 C.F.R. § 200.318(c)(1); See also Standard Form 424D, ¶ 7; Standard Form 424B, ¶ 3. i. FEMA considers a "financial interest" to be the potential for gain or loss to the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties as a result of the particular procurement. The prohibited financial interest may arise from ownership of certain financial instruments or investments such as stock, bonds, or real estate, or from a salary, indebtedness,job offer, or similar interest that might be affected by the particular procurement. ii. FEMA considers an "apparent" conflict of interest to exist where an actual conflict does not exist, but where a reasonable person with knowledge of the relevant facts would question the impartiality of the employee, officer, or agent participating in the procurement. c. Gifts. The officers, employees, and agents of the Participating Public Agency nor the Participating Public Agency ("NFE") must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, NFE's may set standards for situations in which the financial interest is de minimus, not substantial, or the gift is an unsolicited item of nominal value. 2 C.F.R. § 200.318(c)(1). d. Violations. The NFE's written standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the NFE. 2 C.F.R. § 200.318(c)(1). For example, the penalty for a NFE's employee may be dismissal, and the penalty for a contractor might be the termination of the contract. Contractor Integrity A contractor must have a satisfactory record of integrity and business ethics. Contractors that are debarred or suspended as described in Chapter III, ¶ 6.d must be rejected and cannot receive contract awards at any level. Public Policy A contractor must comply with the public policies of the Federal Government and state, local government, or tribal government. This includes, among other things, past and current compliance with the: a. Equal opportunity and nondiscrimination laws b. Five affirmative steps described at 2 C.F.R. §200.321(b)for all subcontracting under contracts supported by FEMA financial assistance; and FEMA Procurement Guidance June 21, 2016 Page IV-7 c. Applicable prevailing wage laws, regulations, and executive orders Affirmative Steps For any subcontracting opportunities, Contractor must take the following Affirmative steps: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lusts; 2. AsSUring that small and minority businesses, and women's business enterprises are solicited whenever they are Ipoterrtual sources; Requirements for National Cooperative Contract Page 79 of 122 349 3. Dividing totaU requirements, when eoononlicaUh/ feasiNke, into snlaUUer tasks or quantities to permit nlaxnnunnpaiticipationbysnlaUU and minority businesses, and m/onlen`sbusinessenterprises; 4. Estebhshing deHweryscheduUes, where the mequimennentpernnits, which encourage paiticipation bysnlaUU and minority businesses, and m/onlen`sbusinessenterprises; and 5. Using the services and assistance, as appropriate, of such organizations as the SnnaUU Business Administration and the Minority BusinessDeweUopnnent Agency ofthe DepaitnnentofCommerce. Bid Guarantee For proposals that are to include construction/reconstruction/renovation and related services, bids must be accompanied by Certified or Cashier's Check or an approved Bid Bond in the amount of not less than five percent (596) of the total bid. Surety shall provide o copy of the Power of Attorney authorizing the Executing Agent the authority to execute the bid bond documents and bind the Surety to the bid bond conditions. The bid bond shall have o corporate Surety that is licensed to conduct business in the state of the lead agency and authorized to underwrite bonds in the amount of the bid bond. Prevailing Wage Requirements When applicable, the awarded Contractor(s)and any and all subcontractor(s)agree to comply with all laws regarding prevailing wage rates including the Davis-Bacon Aot, opp|ioob|o to this solicitation and/or Participating Public Agencies. The Participating Public Agency shall notify the Contractor ofthe opp|ioob|o pricing/prevailing wage rates and must apply any local wage rates requested. The Contractor and any subcontractor(s)shall comply with the prevailing wage rates set by the Participating Public Agency. Federal Requirements If products and services are issued in response to on onnorgonoy or disaster recovery the items below, located in this FEK1A Special Conditions section of the Federal Funds Cortifiootions, are activated and required when federal funding may boutilized. 2 C.F.R. 4 200.326 and 2 C.F.R. Part 200, Appendix 11, Required Contract Clauses 9. Termination for Convenience: The right to terminate this Contract for the convenience of the Participating Public Agency is retained by the Participating Public Agency. In the event of termination for convenience by the Participating Public Agency, the Participating Public Agency shall, at least ton (10) calendar days in odvonoo, deliver written notice of the termination for convenience to Contractor. Upon Contractor's receipt of such written notioo. Contractor immediately shall cease the performance of the Work and shall take reasonable and appropriate action to secure and protect the Work then in place. Contractor shall then be paid by the Participating Public Agency, in accordance with the terms and provisions of the Contract Documents, an amount not to exceed the ootuo| labor costs inourrod, the ootuo| cost of all nnotorio|s installed and the ootuo| cost of all nnotorio|s stored at the project site or away from the project site, as approved in writing by the Participating Public Agency but not yet paid for and which cannot be roturnod, and ootuo|, noosonob|o and documented demobilization oosta, if any, paid by Contractor and approved by the Participating Public Agency in connection with the Scope of Work in p|000 which is oonnp|otod as of the date of termination by the Participating Public Agency and that is in conformance with the Contract Ooounnonta. less all amounts previously paid for the Work. No amount ever shall be owed or paid to Contractor for lost or anticipated profits on any part of the Scope of Work not performed or for consequential damages of any kind. 10. Equal Employment Opportunity: The Participating Public Agency highly encourages Contractors to innp|onnont Affirmative Action practices in their onnp|oyrnont programs. This nnoons Contractor should not discriminate against any onnp|oyoo or applicant for employment because of race, color, religion,sex, pregnancy,sexual orientation, political belief or affiliation, ogo, disability orgenetic information. During the peifornnanceof this contract, the contractor agrees asfoUUom/s: Requirements for National Cooperative Contract Page 8Oof122 350 (1) The contractor will not discriminate against any employee or appficant for employment because of race, color, religion, sex, sexual orientation, gender identity, or nationai origin. The contractor will take affirmative action to ensure that appficants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or nationai origin. Such action shall include, but not be limited to the foiiowing: Empioyment, UlPgirading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection For training, including apprenticeship. The contractor agrees to post in conspicuous Ipiaces, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in A solicitations or advertisements for employees IC iaced by or on behaif of the contractor, state that all qUaiffied appficants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or nationai origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or appficant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or appficant or another employee or.appficant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or appficants as a PaIFt Of such employee's essentiai uob functions discloses the compensation Of such other employees or appficants to individuals who do not otherwise have access to such information, unless such diSCiOSUre is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty'to furnish information. (4) The contractor will send to each iabc)IFUnion or representative of workers with which it has a coiiective bargaining agreement or other contract or.understanding, a notice to be provided by the agency contracting officer, advising the iabc)IF Union or workers' representative of the contractor's commitments Under section 202 of Executive Order. 11246 of September 24, 1965, and shall post copies of the notice in corlspiCUOUS �piaces available to employees and appficants for employment. (5) The contractor will comply with all provisions of Executive Order. 11246 of September 24, 1965, and of the i'Llies, reguuations, and relevant orders of the Secretary of I abor. (6)The contractor will furnish A information and relports required by Executive Order. 11246 of September 24, 1965, and by the i'Llies, reguuations, and orders of the Secretary of I abor, OIF PUIFSUant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of I abor fOIFI[)Urposes of investigation to ascertain compliance with such i'Llies, regulations, and orders. (7) Iln the event of the contractor's non comp lance with the nondiscrimination clauses of this contract or with any Of such i'Llies, regulations, or orders, this contract may be canceled, terminated OIFSUspended in whole or in part and the contractor may be declared ineligible For further Government contracts in accordance with (procedures authorised in Executive Order. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order. 11246 of September 24, 1965, or by itfle, regulation, or order of the Secretary of I abor, or as otherwise provided by iaw. (8)The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or pUrchase order unless exempted by i'Llies, regulations, or orders of the Secretary of I abor issued PUIFSUant to section 204 of Executive Order. 11246 of September 24, 1965, SO that such provisions will be binding Upon each subcontractor or.vendor. The contractor will take such action with respect to any subcontract OIFIPUIFChase order as may be directed by the Secretary of I abor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result Of such direction, the contractor may reqUest the United States to enter into such litigation to protect the interests of the United States. 11. "During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the Requirements for National Cooperative Contract Page 81 of 122 351 following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race,color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided bylaw. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1)through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States." Requirements for National Cooperative Contract Page 82 of 122 352 12. Davis Bacon Act and Copeland Anti-KickbackAct. a. Applicability of Davis-Bacon Act. The Davis-Bacon Act only applies to the emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. It does not apply to other FEMA arant and cooperative aareement proarams. includina the Public Assistance Pro ara 1. b. All prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act(40 U.S.C. §§3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction)). See 2 C.F.R. Part 200, Appendix II, ¶D. c. In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once aweek. d. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. e. In contracts subject to the Davis-Bacon Act, the contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Copeland Anti- Kickback Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA. f. The regulation at 29 C.F.R. § 5.5(a) does provide the required contract clause that applies to compliance with both the Davis-Bacon and Copeland Acts. However, as discussed in the previous subsection,the Davis-Bacon Act does not apply to Public Assistance recipients and subrecipients. In situations where the Davis-Bacon Act does not apply. neither does the Copeland "Anti-Kickback Act." However, for purposes of grant programs where both clauses do apply, FEMA requires the following contract clause: "Compliance with the Copeland "Anti-Kickback"Act. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12." Requirements for National Cooperative Contract Page 83 of 122 353 13. Contract Work Hours and Safety Standards Act. a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. b. Where applicable (see 40 U.S.C. § 3701), 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 at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II,¶E. c. Under 40 U.S.C. § 3702, 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 workweek. d. 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. e. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act: "Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1)of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory),for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1)of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1)of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient)shall upon its own action or upon written request of an authorized representative of the Department ofLaborwithhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and Requirements for National Cooperative Contract Page 84 of 122 354 liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1)through (4)of this section." 14. Rights to Inventions Made Under a Contract or Agreement. a. Stafford Act Disaster Grants. This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households—Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of"funding agreement." b. If the FEMA award meets the definition of"funding agreement" under 37 C.F.R.§ 401.2(a)and the non-Federal entity 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 non-Federal entity must comply with the requirements of 37 C.F.R. Part 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 FEMA. See 2 C.F.R. Part 200, Appendix II, ¶ F. c. The regulation at 37 C.F.R. §401.2(a)currently defines "funding agreement" as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. 15. Clean Air Act and the Federal Water Pollution Control Act. Contracts of amounts in excess of$150,000 must contain a provision that requires the contractor 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 FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II, ¶ G. a. The following provides a sample contract clause concerning compliance for contracts of amounts in excess of$150,000: "Clean Air Act (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq. (2) The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government)will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. Requirements for National Cooperative Contract Page 85 of 122 355 (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (4) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 etseq. (5) The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (6) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in partwith Federal assistance provided by FEMA." 16. Debarment and Suspension. a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. b. Non-federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension(1989)at 2 C.F.R. Part 180 and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Non procurement Debarment and Suspension). c. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part200,Appendix II,¶H; and Procurement Guidance for Recipients and Subrecipients Under 2 C.F.R. Part 200 (Uniform Rules): Supplement to the Public Assistance Procurement Disaster Assistance Team (PDAT) Field Manual Chapter IV, ¶ 6.d, and Appendix C, ¶ 2 [hereinafter PDAT Supplement]. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that 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. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530; PDAT Supplement, Chapter IV,¶6.d and Appendix C, ¶2. d. In general, an "excluded" party cannot receive a Federal grant award or a contract within the meaning of a "covered transaction," to include subawards and subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a "covered transaction,"which is any non-procurement transaction (unless excepted) at either a "primary" or "secondary" tier. Although "covered transactions" do not include contracts awarded by the Federal Government for purposes of the non-procurement common rule and DHS's implementing regulations, it does include some contracts awarded by recipients and subrecipient. e. Specifically, a covered transaction includes the following contracts for goods or services: (1) The contract is awarded by a recipient or subrecipient in the amount of at least$25,000. Requirements for National Cooperative Contract Page 86 of 122 356 (2) The contract requires the approval of FEMA, regardless of amount. (3) The contract is for federally required audit services. (4) A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of $25,000. d.The following provides a debarment and suspension clause. It incorporates an optional method of verifying that contractors are not excluded or disqualified: "Suspension and Debarment (1) This contract is a covered transaction for purposes of C.F.R. pt. 180 and 2 C.F.R. pt. 3000.As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905)are excluded (defined at 2 C.F.R.§ 180.940)or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must complywith 2 C.F.R. pt. 180,subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by (insert name of subrecipient). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to complywith the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions." 17.Byrd Anti-Lobbying Amendment. c. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. d. Contractors that apply or bid for an award of $100,000 or more must file the required certification. See 2 C.F.R. Part 200, Appendix II,¶ I; 44 C.F.R. Part 18; PDAT Supplement, Chapter IV, 6.c; Appendix C, ¶4. e. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Requirements for National Cooperative Contract Page 87 of 122 357 SUCII diScio,sujre$ are forwarded frOM ti,eir, to tier Lip to the non-Federal award. appl Supplerner'?t, Chapter I'l 116,r,and Appendix G, JT 4. f. The followira, yAiq,,1 -.,Lp _)dng ntractcla Sri sg� "O-yLdtb,(L U,SlC, § 1352j,Is arnendedl Contractors who apply or, bid for an award, of $1100,01DO or more shalli file the reqUired certification. Each tier certifies to the filer above that it will not,and has riot used Federal appropriated funds,to,pay any person or orgaaization for influencing or atterripting to influence an officer or employee of any agen,cy, a member of Congress, officer or emplQyee of Congress, or an ernployee of a member of Congress in connection with obtairiling any Federal contract, grant, or any other award covered by 31 Ll,.S.C- § 1352. Each tifer small also rJisclosel any lobbying with non-178dernal fkAnds,that tales place in� connection with obtaining any Federal award. Such, disclosures are. forwarded from fier to fleir up to the recipient." AID P E N DIXA, F.R. PART 18 -- Q E RTI FI QATI 0 N R EGAR DI INIG LOIB C',ertification for, Coritracts, Grants, LQanr,, and (,'o,oper,,gtive ,Agieem'neants (To, be submitted with each bid or,offer exceeding $100,000) rlie undersigned [Contractorl certifies, to the best of his or her knowk-dge, that 1,Nlo Federal appropriated funds have be n paid or will be. paid, by or on behalf' of the undersigned, to any per.9on for influencing or atterniptingto influence an officer or einfrployee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,, the making of any Federal grant, the snaking of any Federal [oan, the entering into of any cooperative agreement, and the extension, continUation,, irenewall, arnendment, or modification of any FederM wntract,, grant, loan, or coloperat;ive agreement, .If any funds otfier than redera[ appropriated fUnds have been paid or Will be paid to any person for influencing or" attempting to influence an officer or ernployee of any agency, a Merriber of Congress, an officer or employee Hof Congress, or an ernplbyee of a Member of Congress in con',nection with this Federal contract,grant, lbanil err cooperative agreernent, the undersigned shall complete, and submit Standard Form- LU "Disclosufle Form to, Report Lobbying,,:" in accordance with it ingtfuctions, 3.The undersigned shall re ife,that they language of this certification be inClUded in the award docu rl nts;for 611 su bawa rd s at a[[filers.(inOwdling su bf.,,ontracts, stj bg rants, and con tracts,under grants, loans, and cooperative agreements) and that all subrecipierAs shall certifyand disclose accordingly, `rhis certification is a material representation of fact.nipoin which relianre was placed when this,transaction was made or entered ,into. SL]Ibrnission of this,certification is a prerequisftefor,making or entering into this transaction imposedl by 31 U.S,G, § 1352 (as arnended by the Lobbying Disclosure Act of 1996)- Any person who fails to file the required cc rfification shall be,subject to acivill penalty of not Dessthan '$10,0,00 and not more than $1 00,o 000 for each Brach fa i[u re, 'The Contra ctor,Dai kj�tiA l)�Al i tiericas I i ic. , ce fifies; o ms r affir ; the truthu f4ness and r accuracyof each statement of its, cerltlification and discillosure, if array. In addition,the Contractor understands and agrees that the provisions of 31 U.S.C.§38,01 etseq.,apply to this certification ainidli duel a uire,, if army. I quiremients for National Cooperative Contract Page 88 of 1,22 358 iigna ane of ontr ctora uth r'zed Official l f Name and Titile of Contrattor's Authorized Official y r �i ro 2 Date" „ r M 18.P roCUrernernt of Recovered Mate dat ; ggift:Thais requriren+nernt applies to,all F E M A g rain t and coo per°at ve agreernent programs. h, A norm-Federal entity that iq e state agency or agency of a political ubdivigiuur`n of a state and its contractors rnust comply with Section 6,002 of the Solid Waste Disposal Act, Pub. L. No. g,-272 (19,66) (codified ae arnendedi by the Resource Conservation and Recovery Act at 42 U, , , 962), � � C.F,l , mart 200, Appendix ill, ', J, 2 C.F.R § 200. AT St ipplement, Ch a pter V. . The req,jirerneii,45 of Section 6,0 : include procuring only iterns designated in guridebine,s of the, EPA at 40, t" F,R,, Fart 247 that co nte,in the highest percentage of recovered rrraterial pr cticable, coney tent with maintainiing a satisfactory level of coripetutiion,, where the purchase price of the it irn exceeds $10,000 or the value of the quaanfity acquired by the preceding fis,nal year exceeded 10,01 ; procuring solid waste to rm nagenient services in a r'rnarnneir that rmaxirrrize:s energy anid resource recovery; and establishing an affirmative prrwcuirerment progran, for proourernent of recovered in teri lua identifhedl in tl7e EIS guidelines. The following providesthe clause that a Mate agency , iItil subdivision of a state and its contractors can include in c ntrqqt . fl thre Pbovef contract thre hold&, (1) 1 n the perfrarrmarice of this wintract., the Contractor shaI[snake rmaxir nurn u.i se of product containing recovered materialls that are EPA- designated iterns unless the product cannot be, acquired— (ii), Cor"rnpetit[vely within a tirrnefrarrne providing fore r-n, liernne with the contract perfornnlan eschedulei (iii) Meefingcontract perforrTiance requirements; or (nii) At a reasonable price. ( Information about this requirer-nen,t., alang with the list of EPA- designate iterns, i available .at EPA';EPA's Comprolionsive Procurement Guidefin,es web site,, ii win t :.g M J$o Frrto�Minim rr l c iq u pit mLoi Mel ttrair9�lirl,i�,r1�n �d crlwr�tp t ,, �I �� ddi(iorvr� ll FEfvl �i�!�rrnfn,tg,e .. The Uniform Rules authorize EEMA.to require additional provisions for non- Federal entity contracts. FE '9& purr' uant to 'this, authority, requires or re'cornrnends thus e uirern nt for National Cooperative Contract Page 89 of 122, 359 I. Changes. To be eligible for FEMA assistance under the non-Federal entity's FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable,within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. FEMA recommends, therefore, that a non-Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end-item procured. m. Access to Records. All non-Federal entities must place into their contracts a provision that all contractors and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing Department and FEMA access to records, accounts, documents, information, facilities, and staff. See DHS Standard Terms and Conditions, v 3.0, ¶XXVI (2013). n. The following provides a contract clause regarding access to records: "Access to Records. The following access to records requirements apply to this contract: (4) The contractor agrees to provide (insert name of state agency or local or Indian tribal government), (insert name of recipient), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (5) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (6) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under thecontract." 20.DHS Seal, Logo, and Flags. o. All non-Federal entities must place in their contracts a provision that a contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. See DHS Standard Terms and Conditions, v 3.0, ¶XXV(2013). p. The following provides a contract clause regarding DHS Seal, Logo, and Flags: "The contractor shall not use the DHS seal(s), logos,crests,or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval." 21.Compliance with Federal Law, Regulations, and Executive Orders. q. All non-Federal entities must place into their contracts an acknowledgement that FEMA financial assistance will be used to fund the contract along with the requirement that the Requirements for National Cooperative Contract Page 90 of 122 360 contractor will Comply iith all applicable federaW laws regulations, executive order's, and FEW' A policies, pr codu.rres, and directives. r, The tallow it _ ro it p contract clause re rdt ._Cam li nce Wwith, Earl Iaw, Re ur ris and Executive Orders: "This is an ackno r'rrledgemenk that FEMA financial a [ tance will be used to fund the contract ontl . The contractor wilei comply will all applicable federal law, regulations, executive orders:, FEMIA policies, procedures, and directives."' Govern � t�Co bli anon F�.dra,t Govrr�mu�� a. l.h,e non Federal entity u'ruu t include a provision in its contract that states that the Federal -overnment is not a party to the contract:and it Trot subject.to any obligations or IliiabiJlitie to the, non-Federal entity„ contractor, or any other party pertairuing to any rnatter reSulltiu"I,g from thecontract. __ ro i e contract clause regarding no obligation by the Federal Qsyp iiirn rm ; "The Federal Government is not a party to this contract and is not sarbject, to any obligations.or liabilities to the non-Federal entity,contractor,or any other party pertaining to any matter reamilOng from the contract,, E91on j I I,Lgii;—t e me in ts or Related A cta u The non-Federal entity must include a provision in its contract that the contra for aclwnowrw;'ledge�s that f U.S.C. Chap. 3 (,Admiiniis:tratiive Reim,dies for Fap 0 Ctaims and Statements)applies to its actions pertaining to the Contract. .,'. , m ,.�udullent or' The I�oalwur, rovudo aon rCt laun ie rdir W uaud rid F Ise or h°u;a mm Related Acts! "Tire contractor acknowledges that 31 U. . . Cha,p. 38 ( dminittrative Rernedies,for False Claims andStatements) applies to the clontractor"s actions, pertaining to this con tract.." Additional contract,clauses per g Q,.F.R._§_2,00.325 f".gL,.q Ij blq 51ir r t u�f�mc_ rrratructionPr novatlo�n and related s rvices: payment and ormance tQ r „iho lI' r lire for 100 yeercent of the contract price °pertormance bond" is one executed in gqunp�,Ii m W.jth-?., mitr"I t too Secure_fulfillrTnent of all the contractor obligations under such contract rrc m l� oe executed in connection with a contract to assure payment as reguuired by law of G r p„s uppl i V or and rnaiter al in the execution of the work provided in the contract, Offeror agrees to counply with all terms and condition outlined in'the e FEMA Special Conditions section of this solicitation. Offeror'a, Name-, fu;rikin App6 °d Americas Inc. Ad d res,% City, State„ and ZipsCode- 13600 lu iduugri aI t"aL Ua N� Mi.tt'wWv Phone N urrriber: i_55. 3 ,,q1 —Jax N u tuber- Printed Name and Title of Authorized e;pre enitatiue: Nli,'ti�icI Sc hww°ariz EmailAddress: om;u rig Signature of authorized Representative: -� ate: Arv,e 6. NPO Requirements uirement for (National ooperafiwre Contract 1 a e 91 of 122 361 DOC #1 OWNERSHIP DISCLOSURE FORM (N.J.S. 51,25-24.2) Pursuant to the requirements of PI, I 99�9, Chapter 440 effective April 17, 2000 (I.ocal Public Contrads Law), the offeror shall complete the form attachedtothese specifications fisting the persons, awriinig 10 percent (10%) or more of the fir-trii presenifing the proposal Company NaMe: Daikin Street: 13600 Induqr j.I III�,t Clity, St at , Zip Code: NI in neaeol kz M kinesoka.5544 cellify that am the sole owner of th°at there are rw,partners and the btysiness is ,rwf incofpiorated, and the provisions of N.J.S- 52:25-24.2 do,not app, y, OR: a Partner ..........-.1 do herviby h,certify tat the following is a fist of all individual padners who,own a 10% or greater intorest therein. I fear hor r,o,rfify that if on (1) or more, of the partners is fiseff a corporation or,padnership, thejV isalso, set forth thie,naines and a ddresses of the stockholders holding 10% or n?,ore of that corporation's stock or,the indiviO u,31partners owning 10% or greater interest hi that partnership.. artz -esentative of I MichaO Sch,%v an authorized rept IXtik,in Aj)jAjv,,(I Ai rye rieq,,ks Inc, _, a corporation, do hereby certify that the follow in a,fist of the names and addresses, of afi stockholders, in tine cotporation who own 101% or more. of its stock of any chass, I further certify that if one (1) or more of such stockholoors is itself olporation (.)r partnership, that there is a1so set forth the names and addrosses of the stockholders holding 10% or more of the corporation's, stock or the, individual pariners, owning a '101% or greater, intarest in that partnership- Jy, o -_Lf there are r!T!1 no-P 4. rsoockholdersownin 1 0% or mo re interest i di 1 ' ncatenona..I......rst Narne Address ............ ...... .......... DdikJ I fudher cedify thal the statery7enis andinforma tion containpd herein, are, cornplete, and correct to, the best,of aw knowledge and belief. 2021), Chief Exec lit i ve offlcer Date Da horizedSignature and rifle, Requirements for, National Cooperative Contract, Paige 93 of 122 362 DOC #2 NON-COLLUSION AFFIDAVIT C�ornpanjy NWne� Daildn Applig'A Argue ic-as,III(- Street: .11.3,600 IndwstR-40 Park [louievard City, State, Zip Code:"Nlinneatmfls,Minitescota.555441 State, of COUnty0f 11CIRIC[lill 1, ILL1.1ael Schwartz of 1hqJ.)AjkUL Marne City in the County of.JjL-Ujjk0j— 'Stak-) of of hill age, b eing dulk sworn according to,law on my oath depose, and say thtat" I arn, the C1 I i ef F X ce,(I d%,e 0 ffice j, of the fin-n of Title Company Narne the Offeror makbig, the, Proposal for the qood.,,;, services or public work specified under th,e aflacheo" proposal, ar')d that I executed H)e said proposal with full authority to ClO so. that weir! Offeror has not directly or Offirectly enterod into an afjree"?,G--'n1, partic,#)ated in any 01, y atherwise taker? ,A,r?y actior) iri restrah'd of free, competitive bidding in connection with the above proposal, and that all stalements, conlainedin said tnuposal and in this affidavit are true and correct, and inade with faff knowlectge that refies upon the truth of the statements C017tained in s aid proposal and in the statemenfs contaitwdin this affidavit h') a wardingflie contract for the said goods, Seivic es of p ublic work. t' fut'la er warrant that 170 person or solling agency has bown ornployed or, retaihad to solicit or secure such confract upon an agreetnent or anderstanding for, a cornmissiori, percentage, tarok er,oge or contingent fee, except bon a fide employe os or bona fido 0'obfishod commercial or 80110g agencies rnak'?tained by ed Ankericas In(% Chic 1,L'A calti V'e Offl'ce Coma pnyae Xi'iI"b"oT iz'e-—dSJ—gn''- W, I................. Subscribed and sworn before me this Oh day of R11 20 20 e Luna, state of wnneiiaa "rj'j Nwary Pu Nic 1),41-lease Lu'ria Notary Public o mmKslari bores Wj Cr My cornmissilon exp[res Jan ii 2 20,�2 Requirements for National Cooperative Contract Page 94 of 68 3631 AFFIRMATIVE ACTION AFFIDAvrr Company Name: q): ina� 1 vI'La Street: City', Stag„ Zip 'Code: hgijjj°ja eapoIjs pl rtifttii`cMrr'; Indicate below company's mpliian with New,Jersey Affirmative,fiction regulations. Company's proposal will be accepted even if companyits not: In compliance at this firma. No contractand/or purchase order may be issued, however, rtn it all; Aff irmative Action requiremeints, are met. k,uir� t i n tii , ti .E it l n -; Procur m nt, Professional & Service Contracts (Exhibit: ) Vendors mnu t u-mnit with proam; 1- A photo copy of their Federal letter of Affirmative Action Plan M l OR . A photo copy of their rtiti-ate of Emplovee Information BLepprt OR n agpl try Affirmative Action ' rn�ky,kq qtif fin tr n e rtw maj Publicmlka _ tali lm' " A. No approved Federal or Now J r ey iirrn tive tion Plan. We will comip[ete Report Forma 1-A upon receipt tmmrr n the B. Approved Federal or New Mersey flan eplificate enclosed I ftrrttr r.cedify that the statoinents atxl infol atiorr con,fabield hemain, are uornpq el and cotrexf to the beet of my nowle ' rt gi ft U 4i.,hel I.:xec ariv ('gg7'i��vr Date Authodzed Requirements for National Cooperative Contract Page 95 of 122 364 DOC #3, continued P.L. 1995, c. 127 (N.J.A.C. 17:27) MANDATORY AFFIRMATIVE ACTION LANGUAGE PROCUREMENT, PROFESSIONAL AND SERVICE CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment,without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non-discrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent with the applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time. The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the state of New Jersey and as established by applicable Federal law and applicable Federal court decisions. The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay-off to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these Requirements for National Cooperative Contract Page 96 of 122 365 regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27). Signature of Procurement Agent Requirements for National Cooperative Contract Page 97 of 122 366 WntinUed �C. 271 misn(AL ("ON't"RIBUIU)"N Ili,CI.A.)S,1JR.1eFORM Required Pursuant to N'.,),S,,A, 11 9:44A-20..26, This form or its permitted facsimile must, be suburitted to,the tocal unit no later �tha n 10 d s of the contract. q pior to the award ............................................ ........................................................................................................................................................................F ............................. ............................................ Part I Vendc')r� Inforrviation ...........................................)............................................................................................................................................... Vendor Narne.�...-I i).al ied Antericas Ink, ...................... ............. .I ,6 i I", '�! ._..._.................................................................................................................................. ..................................... Address: Park,Boulevard .. .................... —-------------------- t �j�j �tate, . Zip,` 5,5441 ........................... ........... _I..........________.._ ......................_.............................................. The undersigned being authorized to certify, hereby certifies that the submission provided t herein represents compliance with the provisions, of N,,J,S,A,. 19::44A-20.26 and as represented by the Instructions accompan ing this form, SignAure Printed Name Title Part 11 — Contribution Disclosure ......................................... ....... ..... ...................... ............................. ............. ......... Disclosure reqUire meat.,r PUTSUant to N,J,S..A, 19,44A-20-26 this disclosurermAst include all reportable political contributions (more than $3,00, per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit- Che,ck here if disclosure it provided in electronic form ................... ................. ....................... triblutor Name Reciptent Name Date _. Dollar Anaou nt ................................................. Nh% .................. ........... ................................................................................................................................... ............................................................................................... ............... ...................... ............................................................................ .......... ............. ------------- ........................... ................ ................................. ...... ... ................................................................................................................................................................................................ .................................... .. ............................—----- ........ ................. .................................................................... ........... .........._.............. ..................... ................. ............................. .................................... .......... .......................................................................................... .................................----—--—----- ........................... ............... ............................... ...................................................................... .................................._" ..................... ........... ............................ .. .......... " .................................................. .... .................................................... —--------- .............................................. ......... ............................................................ -—-------------_............... ............... ....................... ..................... .... . .............. ............................................................................................................. ......................... Check here, if the itiformation is continued on subsequent page(s) Requirements for National Cooperative Contra(l Page 100 of 12 2 367 DOC #�5 STOCKHOLDER DISCLOSURE CERTIFICATION Name of Business: E3 I certify thatthe list bellow contlairm the narnes, and horne addresses fit all stockholders fioldirig '10% or more of the isslued and oulstanding stock of the undersigned. OR 13 I certify that no one stockhol',der owns 110% or more of the issued and outstanding stock of the undersigned, Check the box that represents the typie oibusiness organization: 13Partnership Morporation OSOe Proprietorship Ecirri fted Pailnership 1:11-h-nited Liability Corporation DLiar nited Liability Partnership 13Subchapter S, Corporation Sign and not arizethe form bolow, and, if niecessary', mpliete thie stockholder list bellow. aUELiolder&...................................................................................................................................................... ..................................................................................................... Name: Name- Home Address: Home Address: ............................................................----------------------------------------- ---------........................... .................. Name, Name: Home Address: Home,Address: R-a'r-n,e..................................................................................................................................... ................................................N""'a.........m'-e�................................................................. Home Addfess-, Horne,Address,-. .................. ............................................................... ..... .............. ........... SuWoribed widswri,before rvto,th,�fat h day of A, —..,........... (A;ffi�olr h, I." (Notary Publk,,) A utive0flICL 1"x (Print narne& une of affiant) My Commission expires'. fi qrpn�.a-t)e seal 1 Requirements for National Cooperative Contract Page 102 of 122 ir 3668 DOC #6 Certification of Non-Involvement in Prohibited Activities in Iran Pursuant to N.J.S.A. 52:32-58, Offerors must certify that neither the Offeror, nor any of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32 —56(e) (3)), is listed on the Department of the Treasury's List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32 —56(f). Offerors wishing to do business in New Jersey through this contract must fill out the Certification of Non-Involvement in Prohibited Activities in Iran here: htt.://www,state,n .us/humanservlices/dfd/linfo/standard/fdc/dliscllosure linvestmentac-L. df. ....p,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,........................,,,,,,p,,,,,,,,,,,,,, Offerors should submit the above form completed with their proposal. Requirements for National Cooperative Contract Page 103 of 122 369 .......... ........ ......................—.- ---........................... STATE OF NEW JERSEY-0IVIS10 N OF PLI RGHAS E AND PRO PERTY DISCLOSLYRE 01FINIVESTMENTACTIATIES IN RAN ------------------ Quote wsirroi,er;, Bidder/Offerol,-, =Z11----------- .......................... ............. PAR I,CERTIFICATION' BIDDERS NUU.COMPLETE PART I SYCHECKING, E111- --'R, FAILUF,E 0r4'fr"- 1()F "N III_: 1/'-1'111())11J11`S 1,/,,1J1LL R( 1]115"' P(1,6-"10SAL F).rrUrant to P,i.,iblic Law 20,12, c. 25, -any person or r,,,)ntity tilat submits @ trid or, pn..'rposal rai cithenvi;e provosce to anter into or ronew a cloritract mi,ist coatplete the car tification belaw to auest, onder, penaltV of porjnfy, that nefther the person or entAy, nor arry o,f its t)arerqg, slAmidiaries, or affilogites, is idtn,rbj('.!'d on tile Deparlinent at Treasury's,Chat.,pter 25,list as a person or entity (.A.1gaging in irl ir,,,,in, "rliQ ctlapter 25 list bs found orr the Divisiori's welasite at Bild&,tr's must resview tl,)is, list prior 1:0, cornploing 64C belcm certificatiori. Failure to coinplete iffle certificiation will render a bidder's proposa$ rNon-responsiv%e, It the I)irf.actor finids a perkljori(if verity tf,,),be in violafion of law, stlro Ouill take action as may 1)e appropfiai(,,.and providod by 1,M, 11111,0 or contract, irtollreling but not limited to, in"posing tairv,,fions, seeking corrlplionce, roccmering ri.amages, cleclaring the party in dehii.ilt and seeking debarn,writ of suspension of tile party T�,IE �,N,MIF"ROFIRIME BOX� I ceirtify, Ir'llurguant to Pubfilc Law 2,012-',, c„ 25, that nefther the bidder fisted above por any of the bidder's parents, su losildiades, or affi liates is 1jis,4,g1l,Harr the N-.), Departrner it r.34 0 1 f�- Tr e atwry"s Imt cat emtifles deten,,nirred to be eng aged an pi"ohibited' activifle,giln han pursuarlt to PJI, 20,12, c. 25 ("Chapter 25 IjSt")d I rurther certify ffiar I arn One penwn llsted above% or I am an of4cer or re presentative of the arafty listed above anti am ,mith ofized to orrako thi 5.cerlificabon on its behalf. I will stripe Part 2 and s lign and loornploto Vie Crarrification betty . R 1 41111 lolaolp to Certify as above itrecause th,e bidder aindfor oars or morp; of fts parelits,subsidiaries, or-affiliates is fistart on the Department's Cliapter 26 11-0,, 1 Will provide a detalled,accurate anxi prarise descriptlon of the activities in Part 2 bolo anid sip and complete the Certificatioi"i below , ft L!a will !�qrwjt,ill �-espoqlwjyf.Zrand appropflaV.. penaltie�, and'Jor sanctions,will he asgessed as,providecl 1:)y law. ........................................................ .......... ................................... ............................. .................. ........................................................... PART Z; PLEASE1 PROVIDEFURTHEIR INFORMATION RELATU.Yro INVESTMENT ACTIVITIES IN IR,AN YoU ITUSt pil DVide a deiai[Cdu ackamrzlte and precise rla.ana nilntion rat the activifi(n of Me bi ddi nt penu"Inlentity 01 One of its parents, subsidiaries or affihates, engagirq in pima jnwntrrrant actvities,in Iran olAlined �-,,rl-,;ove L)y c;ornpletmg the boxes below. EACH BOX Ma'LL PROM$71F Y0�1 1170 PROVIDE INFORMATION RELATIVE 1`0 THE ABOVE- QUES11()Ns,PL.EARE PROVIDE. T110ROUGH ANSWERS TO EACH WJIESTION. fl--YOU NEED 1`10 MAKE ADDITIONAL ENTRIES,Cl IGIK THE"ADD AN ADDITIONAL ACTIVITIES ENTRY"'BU'ri"OU, ......................... Name 1'U,,1@lionsI,,Jp to Bidder/(,)ffa,,r()r D-escriplionufActivities - .............................. ............ ........... . ........... Dufation of EngiAgerrvent, Anticipated Cessation Date Corktact Name Contact Mrtona,,, Number ............ ...................... ........................... ADD AN. . ADDITtONA1.AC11VITIFS EN1,V ........... ................-.................. i5rii—fic-aii-oWiz hefeby ropresvmt a i�Nd Rtate that the foregoi ng Enforniatiorp and any zittadinlaoots then eto to,tho best of my k noModbo aro true a rid cownploto, I attest thot 1,am avithort-go d to,exers"I'le this cerfiri r,ofion on bohalf of 0w or errtity I ar;hrrowledge Mat the Stato of Now,Jorsay, is rolying ontbo inforpriation Gootalned hereirt and ffiereby aclairowi4idgia that I am rmoder as rontll,iulog ob4ption fronl U10 date of this cortificition through Irlio(*mple0oln of any rontracts with the State to noflfy tho straw Ira'Wrliting of Vly changos,to,010 ooswum of Inforination contained hiamin, lackitowtodoo that I ani aware''that It is an ri'lalinal Offense to nlake ek ftrolostatenlent or misroproserao0o"n ill-I this rorliftrab on„;arpd it I dO so, I recogni7a that I acorn subject to eliirninal progo'colian under the law and that it will also constftuW an rnoto6a] broach of ftlya immaamraraar sp W411 the State of Naw,Jomay and fliat the Stage at,its riptA011 ftlay [Ing"lore ainy contract(s) resulting mn this cwtfficallon void and urienfaratable. C, I'Njll kharne(Print): Michael Schwartz .. .......... ............... wire Chid Exetutive Officer Aprill 6, 2020 ........... ...................................... .................... 370 DOC #7 NEW JERSEY BUSINESS REGISTRATION CERTIFICATE (N.J.S.A. 52:32-44) Offerors wishing to do business in New Jersey must submit their State Division of Revenue issued Business Registration Certificate with their proposal here. Failure to do so will disqualify the Offeror from offering products or services in New Jersey through any resulting contract. ,t..p,//www, �ate,nU g,,, f,,, ,, ;, ,,, ! p , Requirements for National Cooperative Contract Page 104 of 122 371 N I,- CV) Certification 3709 CERTIFICATEINFORMATION T" RENEWAL This is to certify that the contractor listed low has submitted on-Ef!,taloyee Information Report pursuant to N.J.A.C. 17:21-1.1 et. seq. and the $,e-treasurer has approved,said report. This approval will remain in effect for the period of 15cx !B-2022 7 r� DAIKIN APPLIEDR1C , I C: �.. 13600 N U TRH PARK BL"V' D. PLYMOUTH MN 5 5 - ELIZABETH MAHEF21VU010 Mate Treasurer f' EXHIBIT H ADVERTISING COMPLIANCE REQUIREMENT Pursuant to certain state notice provisions, including but not limited to Oregon Revised Statutes Chapter 279A.220, the following public agencies and political subdivisions of the referenced public agencies are eligible to register with OMNIA Partners, Public Sector and access the Master Agreement contract award made pursuant to this solicitation, and are hereby given notice of the foregoing request for proposals for purposes of complying with the procedural requirements of said statutes: Nationwide: State of Alabama State of Hawaii State of State of New Mexico State of South Massachusetts Dakota State of Alaska State of Idaho State of Michigan State of New York State of Tennessee State of Arizona State of Illinois State of Minnesota State of North State of Texas Carolina State of State of Indiana State of Mississippi State of North State of Utah Arkansas Dakota State of State of Iowa State of Missouri State of Ohio State of California Vermont State of Colorado State of Kansas State of Montana State of Oklahoma State of Virginia State of State of State of Nebraska State of Oregon State of Connecticut Kentucky Washington State of State of State of Nevada State of State of West Delaware Louisiana Pennsylvania Virginia State of Florida State of Maine State of New State of Rhode State of Hampshire Island Wisconsin State of Georgia State of State of New State of South State of Maryland Jersey Carolina Wyoming District of Columbia Lists of political subdivisions and local governments in the above referenced states/districts may be found at ht,k.'//www.usa.gov/Agencies/State and Terntories shtrnl and h,kk,)s://www.usa.govCloc�.l:::: overnrnents. Certain Public Agencies and Political Subdivisions: CITIES, TOWNS,VILLAGES AND BOROUGHS CITY OF COTTAGE GROVE, OR INCLUDING BUT NOT LIMITED TO: CITY OF DONALD, OR BAKER CITY GOLF COURSE, OR CITY OF EUGENE, OR CITY OF ADAIR VILLAGE, OR CITY OF FOREST GROVE, OR CITY OF ASHLAND, OR CITY OF GOLD HILL, OR CITY OF AUMSVILLE, OR CITY OF GRANTS PASS, OR CITY OF AURORA, OR CITY OF GRESHAM, OR CITY OF BAKER, OR CITY OF HILLSBORO, OR CITY OF BATON ROUGE, LA CITY OF INDEPENDENCE, OR CITY OF BEAVERTON, OR CITY AND COUNTY OF HONOLULU, HI CITY OF BEND, OR CITY OF KENNER, LA CITY OF BOARDMAN, OR CITY OF LA GRANDE, OR CITY OF BONANAZA, OR CITY OF LAFAYETTE, LA CITY OF BOSSIER CITY, LA CITY OF LAKE CHARLES, OR CITY OF BROOKINGS, OR CITY OF LEBANON, OR CITY OF BURNS, OR CITY OF MCMINNVILLE, OR CITY OF CANBY, OR CITY OF MEDFORD, OR CITY OF CANYONVILLE, OR CITY OF METAIRIE, LA CITY OF CLATSKANIE, OR CITY OF MILL CITY, OR CITY OF COBURG, OR CITY OF MILWAUKIE, OR CITY OF CONDON, OR CITY OF MONROE, LA CITY OF COQUILLE, OR CITY OF MOSIER, OR CITY OF CORVALLI, OR CITY OF NEW ORLEANS, LA CITY OF CORVALLIS PARKS AND RECREATION CITY OF NORTH PLAINS, OR DEPARTMENT, OR CITY OF OREGON CITY, OR Requirements for National Cooperative Contract Page 105 of 68 373 CITY OF PILOT ROCK, OR CLAWSON, UT CITY OF PORTLAND, OR CLEARFIELD, UT CITY OF POWERS, OR CLEVELAND, UT CITY OF PRINEVILLE, OR CLINTON CITY CORPORATION, UT CITY OF REDMOND, OR COALVILLE, UT CITY OF REEDSPORT, OR CORINNE, UT CITY OF RIDDLE, OR CORNISH, UT CITY OF ROGUE RIVER, OR COTTONWOOD HEIGHTS, UT CITY OF ROSEBURG, OR DANIEL, UT CITY OF SALEM, OR DELTA, UT CITY OF SANDY, OR DEWEYVILLE, UT CITY OF SCAPPOOSE, OR DRAPER CITY, UT CITY OF SHADY COVE, OR DUCHESNE, UT CITY OF SHERWOOD, OR EAGLE MOUNTAIN, UT CITY OF SHREVEPORT, LA EAST CARBON, UT CITY OF SILVERTON, OR ELK RIDGE, UT CITY OF SPRINGFIELD, OR ELMO, UT CITY OF ST. HELENS, OR ELSINORE, UT CITY OF ST. PAUL, OR ELWOOD, UT CITY OF SULPHUR, LA EMERY, UT CITY OF TIGARD, OR ENOCH, UT CITY OF TROUTDALE, OR ENTERPRISE, UT CITY OF TUALATIN, OR EPHRAIM, UT CITY OF WALKER, LA ESCALANTE, UT CITY OF WARRENTON, OR EUREKA, UT CITY OF WEST LINN, OR FAIRFIELD, UT CITY OF WILSONVILLE, OR FAIRVIEW, UT CITY OF WINSTON, OR FARMINGTON, UT CITY OF WOODBURN, OR FARR WEST, UT LEAGUE OF OREGON CITES FAYETTE, UT THE CITY OF HAPPY VALLEY OREGON FERRON, UT ALPINE, UT FIELDING, UT ALTA, UT FILLMORE, UT ALTAMONT, UT FOUNTAIN GREEN, UT ALTON, UT FRANCIS, UT AMALGA, UT FRUIT HEIGHTS, UT AMERICAN FORK CITY, UT GARDEN CITY, UT ANNABELLA, UT GARLAND, UT ANTIMONY, UT GENOLA, UT APPLE VALLEY, UT GLENDALE, UT AURORA, UT GLENWOOD, UT BALLARD, UT GOSHEN, UT BEAR RIVER CITY, UT GRANTSVILLE, UT BEAVER, UT GREEN RIVER, UT BICKNELL, UT GUNNISON, UT BIG WATER, UT HANKSVILLE, UT BLANDING, UT HARRISVILLE, UT BLUFFDALE, UT HATCH, UT BOULDER, UT HEBER CITY CORPORATION, UT CITY OF BOUNTIFUL, UT HELPER, UT BRIAN HEAD, UT HENEFER, UT BRIGHAM CITY CORPORATION, UT HENRIEVILLE, UT BRYCE CANYON CITY, UT HERRIMAN, UT CANNONVILLE, UT HIDEOUT, UT CASTLE DALE, UT HIGHLAND, UT CASTLE VALLEY, UT HILDALE, UT CITY OF CEDAR CITY, UT HINCKLEY, UT CEDAR FORT, UT HOLDEN, UT CITY OF CEDAR HILLS, UT HOLLADAY, UT CENTERFIELD, UT HONEYVILLE, UT CENTERVILLE CITY CORPORATION, UT HOOPER, UT CENTRAL VALLEY, UT HOWELL, UT CHARLESTON, UT HUNTINGTON, UT CIRCLEVILLE, UT HUNTSVILLE, UT CLARKSTON, UT CITY OF HURRICANE, UT Requirements for National Cooperative Contract Page 106 of 122 374 HYDE PARK, UT PARADISE, UT HYRUM, UT PARAGONAH, UT INDEPENDENCE, UT PARK CITY, UT IVINS, UT PAROWAN, UT JOSEPH, UT PAYSON, UT JUNCTION, UT PERRY, UT KAMAS, UT PLAIN CITY, UT KANAB, UT PLEASANT GROVE CITY, UT KANARRAVILLE, UT PLEASANT VIEW, UT KANOSH, UT PLYMOUTH, UT KAYSVILLE, UT PORTAGE, UT KINGSTON, UT PRICE, UT KOOSHAREM, UT PROVIDENCE, UT LAKETOWN, UT PROVO, UT LA VERKIN, UT RANDOLPH, UT LAYTON, UT REDMOND, UT LEAMINGTON, UT RICHFIELD, UT LEEDS, UT RICHMOND, UT LEHI CITY CORPORATION, UT RIVERDALE, UT LEVAN, UT RIVER HEIGHTS, UT LEWISTON, UT RIVERTON CITY, UT LINDON, UT ROCKVILLE, UT LOA, UT ROCKY RIDGE, UT LOGAN CITY, UT ROOSEVELT CITY CORPORATION, UT LYMAN, UT ROY, UT LYNNDYL, UT RUSH VALLEY, UT MANILA, UT CITY OF ST. GEORGE, UT MANTI, UT SALEM, UT MANTUA, UT SALINA, UT MAPLETON, UT SALT LAKE CITY CORPORATION, UT MARRIOTT-SLATERVILLE, UT SANDY, UT MARYSVALE, UT SANTA CLARA, UT MAYFIELD, UT SANTAQUIN, UT MEADOW, UT SARATOGA SPRINGS, UT MENDON, UT SCIPIO, UT MIDVALE CITY INC., UT SCOFIELD, UT MIDWAY, UT SIGURD, UT MILFORD, UT SMITHFIELD, UT MILLVILLE, UT SNOWVILLE, UT MINERSVILLE, UT CITY OF SOUTH JORDAN, UT MOAB, UT SOUTH OGDEN, UT MONA, UT CITY OF SOUTH SALT LAKE, UT MONROE, UT SOUTH WEBER, UT CITY OF MONTICELLO, UT SPANISH FORK, UT MORGAN, UT SPRING CITY, UT MORONI, UT SPRINGDALE, UT MOUNT PLEASANT, UT SPRINGVILLE, UT MURRAY CITY CORPORATION, UT STERLING, UT MYTON, UT STOCKTON, UT NAPLES, UT SUNNYSIDE, UT NEPHI, UT SUNSET CITY CORP, UT NEW HARMONY, UT SYRACUSE, UT NEWTON, UT TABIONA, UT NIBLEY, UT CITY OF TAYLORSVILLE, UT NORTH LOGAN, UT TOOELE CITY CORPORATION, UT NORTH OGDEN, UT TOQUERVILLE, UT NORTH SALT LAKE CITY, UT TORREY, UT OAK CITY, UT TREMONTON CITY, UT OAKLEY, UT TRENTON, UT OGDEN CITY CORPORATION, UT TROPIC, UT OPHIR, UT UINTAH, UT ORANGEVILLE, UT VERNAL CITY, UT ORDERVILLE, UT VERNON, UT OREM, UT VINEYARD, UT PANGUITCH, UT VIRGIN, UT Requirements for National Cooperative Contract Page 107 of 122 375 WALES, UT MULTNOMAH COUNTY, OR WALLSBURG, UT MULTNOMAH COUNTY BUSINESS AND WASHINGTON CITY, UT COMMUNITY SERVICES, OR WASHINGTON TERRACE, UT MULTNOMAH COUNTY SHERIFFS OFFICE, OR WELLINGTON, UT MULTNOMAH LAW LIBRARY, OR WELLSVILLE, UT ORLEANS PARISH, LA WENDOVER, UT PLAQUEMINES PARISH, LA WEST BOUNTIFUL, UT POLK COUNTY, OR WEST HAVEN, UT RAPIDES PARISH, LA WEST JORDAN, UT SAINT CHARLES PARISH, LA WEST POINT, UT SAINT CHARLES PARISH PUBLIC SCHOOLS, LA WEST VALLEY CITY, UT SAINT LANDRY PARISH, LA WILLARD, UT SAINT TAMMANY PARISH, LA WOODLAND HILLS, UT SHERMAN COUNTY, OR WOODRUFF, UT TERREBONNE PARISH, LA WOODS CROSS, UT TILLAMOOK COUNTY, OR TILLAMOOK COUNTY SHERIFF'S OFFICE, OR COUNTIES AND PARISHES INCLUDING BUT TILLAMOOK COUNTY GENERAL HOSPITAL, OR NOT LIMITED TO: UMATILLA COUNTY, OR ASCENSION PARISH, LA UNION COUNTY, OR ASCENSION PARISH, LA, CLEAR OF COURT WALLOWA COUNTY, OR CADDO PARISH, LA WASCO COUNTY, OR CALCASIEU PARISH, LA WASHINGTON COUNTY, OR CALCASIEU PARISH SHERIFF'S OFFICE, LA WEST BATON ROUGE PARISH, LA CITY AND COUNTY OF HONOLULU, HI WHEELER COUNTY, OR CLACKAMAS COUNTY, OR YAMHILL COUNTY, OR CLACKAMAS COUNTY DEPT OF COUNTY OF BOX ELDER, UT TRANSPORTATION, OR COUNTY OF CACHE, UT CLATSOP COUNTY, OR COUNTY OF RICH, UT COLUMBIA COUNTY, OR COUNTY OF WEBER, UT COOS COUNTY, OR COUNTY OF MORGAN, UT COOS COUNTY HIGHWAY DEPARTMENT, OR COUNTY OF DAVIS, UT COUNTY OF HAWAII, OR COUNTY OF SUMMIT, UT CROOK COUNTY, OR COUNTY OF DAGGETT, UT CROOK COUNTY ROAD DEPARTMENT, OR COUNTY OF SALT LAKE, UT CURRY COUNTY, OR COUNTY OF TOOELE, UT DESCHUTES COUNTY, OR COUNTY OF UTAH, UT DOUGLAS COUNTY, OR COUNTY OF WASATCH, UT EAST BATON ROUGE PARISH, LA COUNTY OF DUCHESNE, UT GILLIAM COUNTY, OR COUNTY OF UINTAH, UT GRANT COUNTY, OR COUNTY OF CARBON, UT HARNEY COUNTY, OR COUNTY OF SANPETE, UT HARNEY COUNTY SHERIFFS OFFICE, OR COUNTY OF JUAB, UT HAWAII COUNTY, HI COUNTY OF MILLARD, UT HOOD RIVER COUNTY, OR COUNTY OF SEVIER, UT JACKSON COUNTY, OR COUNTY OF EMERY, UT JEFFERSON COUNTY, OR COUNTY OF GRAND, UT JEFFERSON PARISH, LA COUNTY OF BEVER, UT JOSEPHINE COUNTY GOVERNMENT, OR COUNTY OF PIUTE, UT LAFAYETTE CONSOLIDATED GOVERNMENT, LA COUNTY OF WAYNE, UT LAFAYETTE PARISH, LA COUNTY OF SAN JUAN, UT LAFAYETTE PARISH CONVENTION &VISITORS COUNTY OF GARFIELD, UT COMMISSION COUNTY OF KANE, UT LAFOURCHE PARISH, LA COUNTY OF IRON, UT KAUAI COUNTY, HI COUNTY OF WASHINGTON, UT KLAMATH COUNTY, OR LAKE COUNTY, OR OTHER AGENCIES INCLUDING ASSOCIATIONS, LANE COUNTY, OR BOARDS, DISTRICTS, COMMISSIONS, LINCOLN COUNTY, OR COUNCILS, PUBLIC CORPORATIONS, PUBLIC LINN COUNTY, OR DEVELOPMENT AUTHORITIES, RESERVATIONS LIVINGSTON PARISH, LA AND UTILITIES INCLUDING BUT NOT LIMITED MALHEUR COUNTY, OR TO: MAUI COUNTY, HI ADAIR R.F.P.D., OR MARION COUNTY, SALEM, OR ADEL WATER IMPROVEMENT DISTRICT, OR MORROW COUNTY, OR ADRIAN R.F.P.D., OR Requirements for National Cooperative Contract Page 108 of 122 376 AGNESS COMMUNITY LIBRARY, OR BIENVILLE PARISH FIRE PROTECTION AGNESS-ILLAHE R.F.P.D., OR DISTRICT 6, LA AGRICULTURE EDUCATION SERVICE BIG BEND IRRIGATION DISTRICT, OR EXTENSION DISTRICT, OR BIGGS SERVICE DISTRICT, OR ALDER CREEK-BARLOW WATER DISTRICT NO. BLACK BUTTE RANCH DEPARTMENT OF 29, OR POLICE SERVICES, OR ALFALFA FIRE DISTRICT, OR BLACK BUTTE RANCH R.F.P.D., OR ALSEA R.F.P.D., OR BLACK MOUNTAIN WATER DISTRICT, OR ALSEA RIVIERA WATER IMPROVEMENT BLODGETT-SUMMIT R.F.P.D., OR DISTRICT, OR BLUE MOUNTAIN HOSPITAL DISTRICT, OR AMITY FIRE DISTRICT, OR BLUE MOUNTAIN TRANSLATOR DISTRICT, OR ANTELOPE MEADOWS SPECIAL ROAD BLUE RIVER PARK&RECREATION DISTRICT, DISTRICT, OR OR APPLE ROGUE DISTRICT IMPROVEMENT BLUE RIVER WATER DISTRICT, OR COMPANY, OR BLY R.F.P.D., OR APPLEGATE VALLEY R.F.P.D.#9, OR BLY VECTOR CONTROL DISTRICT, OR ARCH CAPE DOMESTIC WATER SUPPLY BLY WATER AND SANITARY DISTRICT, OR DISTRICT, OR BOARDMAN CEMETERY MAINTENANCE ARCH CAPE SANITARY DISTRICT, OR DISTRICT, OR ARNOLD IRRIGATION DISTRICT, OR BOARDMAN PARK AND RECREATION DISTRICT ASH CREEK WATER CONTROL DISTRICT, OR BOARDMAN R.F.P.D., OR ATHENA CEMETERY MAINTENANCE DISTRICT, BONANZA BIG SPRINGS PARK&RECREATION OR DISTRICT, OR AUMSVILLE R.F.P.D., OR BONANZA MEMORIAL PARK CEMETERY AURORA R.F.P.D., OR DISTRICT, OR AZALEA R.F.P.D., OR BONANZA R.F.P.D., OR BADGER IMPROVEMENT DISTRICT, OR BONANZA-LANGELL VALLEY VECTOR BAILEY-SPENCER R.F.P.D., OR CONTROL DISTRICT, OR BAKER COUNTY LIBRARY DISTRICT, OR BORING WATER DISTRICT#24, OR BAKER R.F.P.D., OR BOULDER CREEK RETREAT SPECIAL ROAD BAKER RIVERTON ROAD DISTRICT, OR DISTRICT, OR BAKER VALLEY IRRIGATION DISTRICT, OR BRIDGE R.F.P.D., OR BAKER VALLEY S.W.C.D., OR BROOKS COMMUNITY SERVICE DISTRICT, OR BAKER VALLEY VECTOR CONTROL DISTRICT, BROWNSVILLE R.F.P.D., OR OR BUELL-RED PRAIRIE WATER DISTRICT, OR BANDON CRANBERRY WATER CONTROL BUNKER HILL R.F.P.D.#1, OR DISTRICT, OR BUNKER HILL SANITARY DISTRICT, OR BANDON R.F.P.D., OR BURLINGTON WATER DISTRICT, OR BANKS FIRE DISTRICT, OR BURNT RIVER IRRIGATION DISTRICT, OR BANKS FIRE DISTRICT#13, OR BURNT RIVER S.W.C.D., OR BAR L RANCH ROAD DISTRICT, OR CALAPOOIA R.F.P.D., OR BARLOW WATER IMPROVEMENT DISTRICT, OR CAMAS VALLEY R.F.P.D., OR BASIN AMBULANCE SERVICE DISTRICT, OR CAMELLIA PARK SANITARY DISTRICT, OR BASIN TRANSIT SERVICE TRANSPORTATION CAMMANN ROAD DISTRICT, OR DISTRICT, OR CAMP SHERMAN ROAD DISTRICT, OR BATON ROUGE WATER COMPANY CANBY AREA TRANSIT, OR BAY AREA HEALTH DISTRICT, OR CANBY R.F.P.D.#62, OR BAYSHORE SPECIAL ROAD DISTRICT, OR CANBY UTILITY BOARD, OR BEAR VALLEY SPECIAL ROAD DISTRICT, OR CANNON BEACH R.F.P.D., OR BEAVER CREEK WATER CONTROL DISTRICT, CANYONVILLE SOUTH UMPQUA FIRE DISTRICT, OR OR BEAVER DRAINAGE IMPROVEMENT COMPANY, CAPE FERRELO R.F.P.D., OR INC., OR CAPE FOULWEATHER SANITARY DISTRICT, OR BEAVER SLOUGH DRAINAGE DISTRICT, OR CARLSON PRIMROSE SPECIAL ROAD BEAVER SPECIAL ROAD DISTRICT, OR DISTRICT, OR BEAVER WATER DISTRICT, OR CARMEL BEACH WATER DISTRICT, OR BELLE MER S.I.G.L. TRACTS SPECIAL ROAD CASCADE VIEW ESTATES TRACT 2, OR DISTRICT, OR CEDAR CREST SPECIAL ROAD DISTRICT, OR BEND METRO PARK AND RECREATION CEDAR TRAILS SPECIAL ROAD DISTRICT, OR DISTRICT CEDAR VALLEY-NORTH BANK R.F.P.D., OR BENTON S.W.C.D., OR CENTRAL CASCADES FIRE AND EMS, OR BERNDT SUBDIVISION WATER IMPROVEMENT CENTRAL CITY ECONOMIC OPPORTUNITY DISTRICT, OR CORP, LA BEVERLY BEACH WATER DISTRICT, OR CENTRAL LINCOLN P.U.D., OR Requirements for National Cooperative Contract Page 109 of 122 377 CENTRAL OREGON COAST FIRE& RESCUE COLUMBIA RIVER FIRE& RESCUE, OR DISTRICT, OR COLUMBIA RIVER PUD, OR CENTRAL OREGON INTERGOVERNMENTAL COLUMBIA S.W.C.D., OR COUNCIL COLUMBIA S.W.C.D., OR CENTRAL OREGON IRRIGATION DISTRICT, OR CONFEDERATED TRIBES OF THE UMATILLA CHAPARRAL WATER CONTROL DISTRICT, OR INDIAN RESERVATION CHARLESTON FIRE DISTRICT, OR COOS COUNTY AIRPORT DISTRICT, OR CHARLESTON SANITARY DISTRICT, OR COOS COUNTY AIRPORT DISTRICT, OR CHARLOTTE ANN WATER DISTRICT, OR COOS COUNTY AREA TRANSIT SERVICE CHEHALEM PARK&RECREATION DISTRICT, DISTRICT, OR OR COOS COUNTY AREA TRANSIT SERVICE CHEHALEM PARK AND RECREATION DISTRICT DISTRICT, OR CHEMULT R.F.P.D., OR COOS FOREST PROTECTIVE ASSOCIATION CHENOWITH WATER P.U.D., OR COOS S.W.C.D., OR CHERRIOTS, OR COQUILLE R.F.P.D., OR CHETCO COMMUNITY PUBLIC LIBRARY COQUILLE VALLEY HOSPITAL DISTRICT, OR DISTRICT, OR CORBETT WATER DISTRICT, OR CHILOQUIN VECTOR CONTROL DISTRICT, OR CORNELIUS R.F.P.D., OR CHILOQUIN-AGENCY LAKE R.F.P.D., OR CORP RANCH ROAD WATER IMPROVEMENT, CHINOOK DRIVE SPECIAL ROAD DISTRICT, OR OR CHR DISTRICT IMPROVEMENT COMPANY, OR CORVALLIS R.F.P.D., OR CHRISTMAS VALLEY DOMESTIC WATER COUNTRY CLUB ESTATES SPECIAL WATER DISTRICT, OR DISTRICT, OR CHRISTMAS VALLEY PARK&RECREATION COUNTRY CLUB WATER DISTRICT, OR DISTRICT, OR COUNTRY ESTATES ROAD DISTRICT, OR CHRISTMAS VALLEY R.F.P.D., OR COVE CEMETERY MAINTENANCE DISTRICT, OR CITY OF BOGALUSA SCHOOL BOARD, LA COVE ORCHARD SEWER SERVICE DISTRICT, CLACKAMAS COUNTY FIRE DISTRICT#1, OR OR CLACKAMAS COUNTY SERVICE DISTRICT#1, COVE R.F.P.D., OR OR CRESCENT R.F.P.D., OR CLACKAMAS COUNTY VECTOR CONTROL CRESCENT SANITARY DISTRICT, OR DISTRICT, OR CRESCENT WATER SUPPLY AND CLACKAMAS RIVER WATER IMPROVEMENT DISTRICT, OR CLACKAMAS RIVER WATER, OR CROOK COUNTY AGRICULTURE EXTENSION CLACKAMAS S.W.C.D., OR SERVICE DISTRICT, OR CLATSKANIE DRAINAGE IMPROVEMENT CROOK COUNTY CEMETERY DISTRICT, OR COMPANY, OR CROOK COUNTY FIRE AND RESCUE, OR CLATSKANIE LIBRARY DISTRICT, OR CROOK COUNTY PARKS& RECREATION CLATSKANIE P.U.D., OR DISTRICT, OR CLATSKANIE PARK& RECREATION DISTRICT, CROOK COUNTY S.W.C.D., OR OR CROOK COUNTY VECTOR CONTROL DISTRICT, CLATSKANIE PEOPLE'S UTILITY DISTRICT OR CLATSKANIE R.F.P.D., OR CROOKED RIVER RANCH R.F.P.D., OR CLATSOP CARE CENTER HEALTH DISTRICT, CROOKED RIVER RANCH SPECIAL ROAD OR DISTRICT, OR CLATSOP COUNTY S.W.C.D., OR CRYSTAL SPRINGS WATER DISTRICT, OR CLATSOP DRAINAGE IMPROVEMENT CURRY COUNTY 4-H & EXTENSION SERVICE COMPANY#15, INC., OR DISTRICT, OR CLEAN WATER SERVICES CURRY COUNTY PUBLIC TRANSIT SERVICE CLEAN WATER SERVICES, OR DISTRICT, OR CLOVERDALE R.F.P.D., OR CURRY COUNTY S.W.C.D., OR CLOVERDALE SANITARY DISTRICT, OR CURRY HEALTH DISTRICT, OR CLOVERDALE WATER DISTRICT, OR CURRY PUBLIC LIBRARY DISTRICT, OR COALEDO DRAINAGE DISTRICT, OR DALLAS CEMETERY DISTRICT#4, OR COBURG FIRE DISTRICT, OR DARLEY DRIVE SPECIAL ROAD DISTRICT, OR COLESTIN RURAL FIRE DISTRICT, OR DAVID CROCKETT STEAM FIRE COMPANY#1, COLTON R.F.P.D., OR LA COLTON WATER DISTRICT#11, OR DAYS CREEK R.F.P.D., OR COLUMBIA 911 COMMUNICATIONS DISTRICT, DAYTON FIRE DISTRICT, OR OR DEAN MINARD WATER DISTRICT, OR COLUMBIA COUNTY 4-H &EXTENSION DEE IRRIGATION DISTRICT, OR SERVICE DISTRICT, OR DEER ISLAND DRAINAGE IMPROVEMENT COLUMBIA DRAINAGE VECTOR CONTROL, OR COMPANY, OR COLUMBIA IMPROVEMENT DISTRICT, OR DELL BROGAN CEMETERY MAINTENANCE COLUMBIA R.F.P.D., OR DISTRICT, OR Requirements for National Cooperative Contract Page 110 of 122 378 DEPOE BAY R.F.P.D., OR FERN VALLEY ESTATES IMPROVEMENT DESCHUTES COUNTY 911 SERVICE DISTRICT, DISTRICT, OR OR FOR FAR ROAD DISTRICT, OR DESCHUTES COUNTY R.F.P.D.#2, OR FOREST GROVE R.F.P.D., OR DESCHUTES PUBLIC LIBRARY DISTRICT, OR FOREST VIEW SPECIAL ROAD DISTRICT, OR DESCHUTES S.W.C.D., OR FORT ROCK-SILVER LAKE S.W.C.D., OR DESCHUTES VALLEY WATER DISTRICT, OR FOUR RIVERS VECTOR CONTROL DISTRICT, DEVILS LAKE WATER IMPROVEMENT DISTRICT, OR OR FOX CEMETERY MAINTENANCE DISTRICT, OR DEXTER R.F.P.D., OR GARDINER R.F.P.D., OR DEXTER SANITARY DISTRICT, OR GARDINER SANITARY DISTRICT, OR DORA-SITKUM R.F.P.D., OR GARIBALDI R.F.P.D., OR DOUGLAS COUNTY FIRE DISTRICT#2, OR GASTON R.F.P.D., OR DOUGLAS S.W.C.D., OR GATES R.F.P.D., OR DRAKES CROSSING R.F.P.D., OR GEARHART R.F.P.D., OR DRRH SPECIAL ROAD DISTRICT#6, OR GILLIAM S.W.C.D., OR DRY GULCH DITCH DISTRICT IMPROVEMENT GLENDALE AMBULANCE DISTRICT, OR COMPANY, OR GLENDALE R.F.P.D., OR DUFUR RECREATION DISTRICT, OR GLENEDEN BEACH SPECIAL ROAD DISTRICT, DUMBECK LANE DOMESTIC WATER SUPPLY, OR OR GLENEDEN SANITARY DISTRICT, OR DUNDEE R.F.P.D., OR GLENWOOD WATER DISTRICT, OR DURKEE COMMUNITY BUILDING GLIDE- IDLEYLD SANITARY DISTRICT, OR PRESERVATION DISTRICT, OR GLIDE R.F.P.D., OR EAGLE POINT IRRIGATION DISTRICT, OR GOLD BEACH-WEDDERBURN R.F.P.D., OR EAGLE VALLEY CEMETERY MAINTENANCE GOLD HILL IRRIGATION DISTRICT, OR DISTRICT, OR GOLDFINCH ROAD DISTRICT, OR EAGLE VALLEY R.F.P.D., OR GOSHEN R.F.P.D., OR EAGLE VALLEY S.W.C.D., OR GOVERNMENT CAMP ROAD DISTRICT, OR EAST FORK IRRIGATION DISTRICT, OR GOVERNMENT CAMP SANITARY DISTRICT, OR EAST MULTNOMAH S.W.C.D., OR GRAND PRAIRIE WATER CONTROL DISTRICT, EAST SALEM SERVICE DISTRICT, OR OR EAST UMATILLA CHEMICAL CONTROL GRAND RONDE SANITARY DISTRICT, OR DISTRICT, OR GRANT COUNTY TRANSPORTATION DISTRICT, EAST UMATILLA COUNTY AMBULANCE AREA OR HEALTH DISTRICT, OR GRANT S.W.C.D., OR EAST UMATILLA COUNTY R.F.P.D., OR GRANTS PASS IRRIGATION DISTRICT, OR EAST VALLEY WATER DISTRICT, OR GREATER BOWEN VALLEY R.F.P.D., OR ELGIN COMMUNITY PARKS&RECREATION GREATER ST. HELENS PARK&RECREATION DISTRICT, OR DISTRICT, OR ELGIN HEALTH DISTRICT, OR GREATER TOLEDO POOL RECREATION ELGIN R.F.P.D., OR DISTRICT, OR ELKTON ESTATES PHASE II SPECIAL ROAD GREEN KNOLLS SPECIAL ROAD DISTRICT, OR DISTRICT, OR GREEN SANITARY DISTRICT, OR ELKTON R.F.P.D., OR GREENACRES R.F.P.D., OR EMERALD P.U.D., OR GREENBERRY IRRIGATION DISTRICT, OR ENTERPRISE IRRIGATION DISTRICT, OR GREENSPRINGS RURAL FIRE DISTRICT, OR ESTACADA CEMETERY MAINTENANCE HAHLEN ROAD SPECIAL DISTRICT, OR DISTRICT, OR HAINES CEMETERY MAINTENANCE DISTRICT, ESTACADA R.F.P.D.#69, OR OR EUGENE R.F.P.D.#1, OR HAINES FIRE PROTECTION DISTRICT, OR EUGENE WATER AND ELECTRIC BOARD HALSEY-SHEDD R.F.P.D., OR EVANS VALLEY FIRE DISTRICT#6, OR HAMLET R.F.P.D., OR FAIR OAKS R.F.P.D., OR HARBOR R.F.P.D., OR FAIRVIEW R.F.P.D., OR HARBOR SANITARY DISTRICT, OR FAIRVIEW WATER DISTRICT, OR HARBOR WATER P.U.D., OR FALCON HEIGHTS WATER AND SEWER, OR HARNEY COUNTY HEALTH DISTRICT, OR FALCON-COVE BEACH WATER DISTRICT, OR HARNEY S.W.C.D., OR FALL RIVER ESTATES SPECIAL ROAD HARPER SOUTH SIDE IRRIGATION DISTRICT, DISTRICT, OR OR FARGO INTERCHANGE SERVICE DISTRICT, OR HARRISBURG FIRE AND RESCUE, OR FARMERS IRRIGATION DISTRICT, OR HAUSER R.F.P.D., OR FAT ELK DRAINAGE DISTRICT, OR HAZELDELL RURAL FIRE DISTRICT, OR FERN RIDGE PUBLIC LIBRARY DISTRICT, OR HEBO JOINT WATER-SANITARY AUTHORITY, OR Requirements for National Cooperative Contract Page 111 of 122 379 HECETA WATER P.U.D., OR JEFFERSON COUNTY EMERGENCY MEDICAL HELIX CEMETERY MAINTENANCE DISTRICT#4, SERVICE DISTRICT, OR OR JEFFERSON COUNTY FIRE DISTRICT#1, OR HELIX PARK& RECREATION DISTRICT, OR JEFFERSON COUNTY LIBRARY DISTRICT, OR HELIX R.F.P.D.#7411, OR JEFFERSON COUNTY S.W.C.D., OR HEPPNER CEMETERY MAINTENANCE JEFFERSON PARK&RECREATION DISTRICT, DISTRICT, OR OR HEPPNER R.F.P.D., OR JEFFERSON R.F.P.D., OR HEPPNER WATER CONTROL DISTRICT, OR JOB'S DRAINAGE DISTRICT, OR HEREFORD COMMUNITY HALL RECREATION JOHN DAY WATER DISTRICT, OR DISTRICT, OR JOHN DAY-CANYON CITY PARKS & HERMISTON CEMETERY DISTRICT, OR RECREATION DISTRICT, OR HERMISTON IRRIGATION DISTRICT, OR JOHN DAY-FERNHILL R.F.P.D.#5-108, OR HIDDEN VALLEY MOBILE ESTATES JORDAN VALLEY CEMETERY DISTRICT, OR IMPROVEMENT DISTRICT, OR JORDAN VALLEY IRRIGATION DISTRICT, OR HIGH DESERT PARK& RECREATION DISTRICT, JOSEPHINE COMMUNITY LIBRARY DISTRICT, OR OR HIGHLAND SUBDIVISION WATER DISTRICT, OR JOSEPHINE COUNTY 4-H &EXTENSION HONOLULU INTERNATIONAL AIRPORT SERVICE DISTRICT, OR HOOD RIVER COUNTY LIBRARY DISTRICT, OR JOSEPHINE COUNTY 911 AGENCY, OR HOOD RIVER COUNTY TRANSPORTATION JUNCTION CITY R.F.P.D., OR DISTRICT, OR JUNCTION CITY WATER CONTROL DISTRICT, HOOD RIVER S.W.C.D., OR OR HOOD RIVER VALLEY PARKS&RECREATION JUNIPER BUTTE ROAD DISTRICT, OR DISTRICT, OR JUNIPER CANYON WATER CONTROL DISTRICT, HOODLAND FIRE DISTRICT#74 OR HOODLAND FIRE DISTRICT#74, OR JUNIPER FLAT DISTRICT IMPROVEMENT HORSEFLY IRRIGATION DISTRICT, OR COMPANY, OR HOSKINS-KINGS VALLEY R.F.P.D., OR JUNIPER FLAT R.F.P.D., OR HOUSING AUTHORITY OF PORTLAND JUNO NONPROFIT WATER IMPROVEMENT HUBBARD R.F.P.D., OR DISTRICT, OR HUDSON BAY DISTRICT IMPROVEMENT KEATING R.F.P.D., OR COMPANY, OR KEATING S.W.C.D., OR I N (KAY)YOUNG DITCH DISTRICT KEIZER R.F.P.D., OR IMPROVEMENT COMPANY, OR KELLOGG RURAL FIRE DISTRICT, OR ICE FOUNTAIN WATER DISTRICT, OR KENO IRRIGATION DISTRICT, OR IDAHO POINT SPECIAL ROAD DISTRICT, OR KENO PINES ROAD DISTRICT, OR IDANHA-DETROIT RURAL FIRE PROTECTION KENO R.F.P.D., OR DISTRICT, OR KENT WATER DISTRICT, OR ILLINOIS VALLEY FIRE DISTRICT KERBY WATER DISTRICT, OR ILLINOIS VALLEY R.F.P.D., OR K-GB-LB WATER DISTRICT, OR ILLINOIS VALLEY S.W.C.D., OR KILCHIS WATER DISTRICT, OR IMBLER R.F.P.D., OR KLAMATH 9-1-1 COMMUNICATIONS DISTRICT, INTERLACHEN WATER P.U.D., OR OR IONE LIBRARY DISTRICT, OR KLAMATH BASIN IMPROVEMENT DISTRICT, OR IONE R.F.P.D.#6-604, OR KLAMATH COUNTY DRAINAGE SERVICE IRONSIDE CEMETERY MAINTENANCE DISTRICT, OR DISTRICT, OR KLAMATH COUNTY EXTENSION SERVICE IRONSIDE RURAL ROAD DISTRICT#5, OR DISTRICT, OR IRRIGON PARK& RECREATION DISTRICT, OR KLAMATH COUNTY FIRE DISTRICT#1, OR IRRIGON R.F.P.D., OR KLAMATH COUNTY FIRE DISTRICT#3, OR ISLAND CITY AREA SANITATION DISTRICT, OR KLAMATH COUNTY FIRE DISTRICT#4, OR ISLAND CITY CEMETERY MAINTENANCE KLAMATH COUNTY FIRE DISTRICT#5, OR DISTRICT, OR KLAMATH COUNTY LIBRARY SERVICE JACK PINE VILLAGE SPECIAL ROAD DISTRICT, DISTRICT, OR OR KLAMATH COUNTY PREDATORY ANIMAL JACKSON COUNTY FIRE DISTRICT#3, OR CONTROL DISTRICT, OR JACKSON COUNTY FIRE DISTRICT#4, OR KLAMATH DRAINAGE DISTRICT, OR JACKSON COUNTY FIRE DISTRICT#5, OR KLAMATH FALLS FOREST ESTATES SPECIAL JACKSON COUNTY LIBRARY DISTRICT, OR ROAD DISTRICT UNIT#2, OR JACKSON COUNTY VECTOR CONTROL KLAMATH INTEROPERABILITY RADIO GROUP, DISTRICT, OR OR JACKSON S.W.C.D., OR KLAMATH IRRIGATION DISTRICT, OR JASPER KNOLLS WATER DISTRICT, OR KLAMATH RIVER ACRES SPECIAL ROAD DISTRICT, OR Requirements for National Cooperative Contract Page 112 of 122 380 KLAMATH S.W.C.D., OR LOWER MCKAY CREEK WATER CONTROL KLAMATH VECTOR CONTROL DISTRICT, OR DISTRICT, OR KNAPPA-SVENSEN-BURNSIDE R.F.P.D., OR LOWER POWDER RIVER IRRIGATION DISTRICT, LA GRANDE CEMETERY MAINTENANCE OR DISTRICT, OR LOWER SILETZ WATER DISTRICT, OR LA GRANDE R.F.P.D., OR LOWER UMPQUA HOSPITAL DISTRICT, OR LA PINE PARK&RECREATION DISTRICT, OR LOWER UMPQUA PARK&RECREATION LA PINE R.F.P.D., OR DISTRICT, OR LABISH VILLAGE SEWAGE &DRAINAGE, OR LOWER VALLEY WATER IMPROVEMENT LACOMB IRRIGATION DISTRICT, OR DISTRICT, OR LAFAYETTE AIRPORT COMMISSION, LA LUCE LONG DITCH DISTRICT IMPROVEMENT LAFOURCHE PARISH HEALTH UNIT-DHH-OPH CO., OR REGION 3 LUSTED WATER DISTRICT, OR LAIDLAW WATER DISTRICT, OR LYONS R.F.P.D., OR LAKE CHINOOK FIRE& RESCUE, OR LYONS-MEHAMA WATER DISTRICT, OR LAKE COUNTY 4-H &EXTENSION SERVICE MADRAS AQUATIC CENTER DISTRICT, OR DISTRICT, OR MAKAI SPECIAL ROAD DISTRICT, OR LAKE COUNTY LIBRARY DISTRICT, OR MALHEUR COUNTY S.W.C.D., OR LAKE CREEK R.F.P.D.-JACKSON, OR MALHEUR COUNTY VECTOR CONTROL LAKE CREEK R.F.P.D.-LANE COUNTY, OR DISTRICT, OR LAKE DISTRICT HOSPITAL, OR MALHEUR DISTRICT IMPROVEMENT COMPANY, LAKE GROVE R.F.P.D. NO. 57, OR OR LAKE GROVE WATER DISTRICT, OR MALHEUR DRAINAGE DISTRICT, OR LAKE LABISH WATER CONTROL DISTRICT, OR MALHEUR MEMORIAL HEALTH DISTRICT, OR LAKE POINT SPECIAL ROAD DISTRICT, OR MALIN COMMUNITY CEMETERY MAINTENANCE LAKESIDE R.F.P.D.#4, OR DISTRICT, OR LAKESIDE WATER DISTRICT, OR MALIN COMMUNITY PARK& RECREATION LAKEVIEW R.F.P.D., OR DISTRICT, OR LAKEVIEW S.W.C.D., OR MALIN IRRIGATION DISTRICT, OR LAMONTAI IMPROVEMENT DISTRICT, OR MALIN R.F.P.D., OR LANE FIRE AUTHORITY, OR MAPLETON FIRE DEPARTMENT, OR LANE LIBRARY DISTRICT, OR MAPLETON WATER DISTRICT, OR LANE TRANSIT DISTRICT, OR MARCOLA WATER DISTRICT, OR LANGELL VALLEY IRRIGATION DISTRICT, OR MARION COUNTY EXTENSION &4H SERVICE LANGLOIS PUBLIC LIBRARY, OR DISTRICT, OR LANGLOIS R.F.P.D., OR MARION COUNTY FIRE DISTRICT#1, OR LANGLOIS WATER DISTRICT, OR MARION JACK IMPROVEMENT DISTRICT, OR LAZY RIVER SPECIAL ROAD DISTRICT, OR MARION S.W.C.D., OR LEBANON AQUATIC DISTRICT, OR MARY'S RIVER ESTATES ROAD DISTRICT, OR LEBANON R.F.P.D., OR MCDONALD FOREST ESTATES SPECIAL ROAD LEWIS&CLARK R.F.P.D., OR DISTRICT, OR LINCOLN COUNTY LIBRARY DISTRICT, OR MCKAY ACRES IMPROVEMENT DISTRICT, OR LINCOLN S.W.C.D., OR MCKAY DAM R.F.P.D.#7-410, OR LINN COUNTY EMERGENCY TELEPHONE MCKENZIE FIRE& RESCUE, OR AGENCY, OR MCKENZIE PALISADES WATER SUPPLY LINN S.W.C.D., OR CORPORATION, OR LITTLE MUDDY CREEK WATER CONTROL, OR MCMINNVILLE R.F.P.D., OR LITTLE NESTUCCA DRAINAGE DISTRICT, OR MCNULTY WATER P.U.D., OR LITTLE SWITZERLAND SPECIAL ROAD MEADOWS DRAINAGE DISTRICT, OR DISTRICT, OR MEDFORD IRRIGATION DISTRICT, OR LONE PINE IRRIGATION DISTRICT, OR MEDFORD R.F.P.D.#2, OR LONG PRAIRIE WATER DISTRICT, OR MEDFORD WATER COMMISSION LOOKINGGLASS OLALLA WATER CONTROL MEDICAL SPRINGS R.F.P.D., OR DISTRICT, OR MELHEUR COUNTY JAIL, OR LOOKINGGLASS RURAL FIRE DISTRICT, OR MERLIN COMMUNITY PARK DISTRICT, OR LORANE R.F.P.D., OR MERRILL CEMETERY MAINTENANCE DISTRICT, LOST& BOULDER DITCH IMPROVEMENT OR DISTRICT, OR MERRILL PARK DISTRICT, OR LOST CREEK PARK SPECIAL ROAD DISTRICT, MERRILL R.F.P.D., OR OR METRO REGIONAL GOVERNMENT LOUISIANA PUBLIC SERVICE COMMISSION, LA METRO REGIONAL PARKS LOUISIANA WATER WORKS METROPOLITAN EXPOSITION RECREATION LOWELL R.F.P.D., OR COMMISSION LOWER MCKAY CREEK R.F.P.D., OR METROPOLITAN SERVICE DISTRICT(METRO) Requirements for National Cooperative Contract Page 113 of 122 381 MID COUNTY CEMETERY MAINTENANCE NEW CARLTON FIRE DISTRICT, OR DISTRICT, OR NEW ORLEANS REDEVELOPMENT AUTHORITY, MID-COLUMBIA FIRE AND RESCUE, OR LA MIDDLE FORK IRRIGATION DISTRICT, OR NEW PINE CREEK R.F.P.D., OR MIDLAND COMMUNITY PARK, OR NEWBERG R.F.P.D., OR MIDLAND DRAINAGE IMPROVEMENT DISTRICT, NEWBERRY ESTATES SPECIAL ROAD OR DISTRICT, OR MILES CROSSING SANITARY SEWER DISTRICT, NEWPORT R.F.P.D., OR OR NEWT YOUNG DITCH DISTRICT IMPROVEMENT MILL CITY R.F.P.D.#2-303, OR COMPANY, OR MILL FOUR DRAINAGE DISTRICT, OR NORTH ALBANY R.F.P.D., OR MILLICOMA RIVER PARK&RECREATION NORTH BAY R.F.P.D.#9, OR DISTRICT, OR NORTH CLACKAMAS PARKS &RECREATION MILLINGTON R.F.P.D.#5, OR DISTRICT, OR MILO VOLUNTEER FIRE DEPARTMENT, OR NORTH COUNTY RECREATION DISTRICT, OR MILTON-FREEWATER AMBULANCE SERVICE NORTH DOUGLAS COUNTY FIRE &EMS, OR AREA HEALTH DISTRICT, OR NORTH DOUGLAS PARK& RECREATION MILTON-FREEWATER WATER CONTROL DISTRICT, OR DISTRICT, OR NORTH GILLIAM COUNTY HEALTH DISTRICT, MIROCO SPECIAL ROAD DISTRICT, OR OR MIST-BIRKENFELD R.F.P.D., OR NORTH GILLIAM COUNTY R.F.P.D., OR MODOC POINT IRRIGATION DISTRICT, OR NORTH LAKE HEALTH DISTRICT, OR MODOC POINT SANITARY DISTRICT, OR NORTH LEBANON WATER CONTROL DISTRICT, MOHAWK VALLEY R.F.P.D., OR OR MOLALLA AQUATIC DISTRICT, OR NORTH LINCOLN FIRE& RESCUE DISTRICT#1, MOLALLA R.F.P.D.#73, OR OR MONITOR R.F.P.D., OR NORTH LINCOLN HEALTH DISTRICT, OR MONROE R.F.P.D., OR NORTH MORROW VECTOR CONTROL MONUMENT CEMETERY MAINTENANCE DISTRICT, OR DISTRICT, OR NORTH SHERMAN COUNTY R.F.P.D, OR MONUMENT S.W.C.D., OR NORTH UNIT IRRIGATION DISTRICT, OR MOOREA DRIVE SPECIAL ROAD DISTRICT, OR NORTHEAST OREGON HOUSING AUTHORITY, MORO R.F.P.D., OR OR MORROW COUNTY HEALTH DISTRICT, OR NORTHEAST WHEELER COUNTY HEALTH MORROW COUNTY UNIFIED RECREATION DISTRICT, OR DISTRICT, OR NORTHERN WASCO COUNTY P.U.D., OR MORROW S.W.C.D., OR NORTHERN WASCO COUNTY PARK& MOSIER FIRE DISTRICT, OR RECREATION DISTRICT, OR MOUNTAIN DRIVE SPECIAL ROAD DISTRICT, NYE DITCH USERS DISTRICT IMPROVEMENT, OR OR MT.ANGEL R.F.P.D., OR NYSSA ROAD ASSESSMENT DISTRICT#2, OR MT. HOOD IRRIGATION DISTRICT, OR NYSSA RURAL FIRE DISTRICT, OR MT. LAKI CEMETERY DISTRICT, OR NYSSA-ARCADIA DRAINAGE DISTRICT, OR MT.VERNON R.F.P.D., OR OAK LODGE WATER SERVICES, OR MULINO WATER DISTRICT#1, OR OAKLAND R.F.P.D., OR MULTNOMAH COUNTY DRAINAGE DISTRICT#1, OAKVILLE COMMUNITY CENTER, OR OR OCEANSIDE WATER DISTRICT, OR MULTNOMAH COUNTY R.F.P.D.#10, OR OCHOCO IRRIGATION DISTRICT, OR MULTNOMAH COUNTY R.F.P.D.#14, OR OCHOCO WEST WATER AND SANITARY MULTNOMAH EDUCATION SERVICE DISTRICT AUTHORITY, OR MYRTLE CREEK R.F.P.D., OR ODELL SANITARY DISTRICT, OR NEAH-KAH-NIE WATER DISTRICT, OR OLD OWYHEE DITCH IMPROVEMENT DISTRICT, NEDONNA R.F.P.D., OR OR NEHALEM BAY FIRE AND RESCUE, OR OLNEY-WALLUSKI FIRE &RESCUE DISTRICT, NEHALEM BAY HEALTH DISTRICT, OR OR NEHALEM BAY WASTEWATER AGENCY, OR ONTARIO LIBRARY DISTRICT, OR NESIKA BEACH-OPHIR WATER DISTRICT, OR ONTARIO R.F.P.D., OR NESKOWIN REGIONAL SANITARY AUTHORITY, OPHIR R.F.P.D., OR OR OREGON COAST COMMUNITY ACTION NESKOWIN REGIONAL WATER DISTRICT, OR OREGON HOUSING AND COMMUNITY NESTUCCA R.F.P.D., OR SERVICES NETARTS WATER DISTRICT, OR OREGON INTERNATIONAL PORT OF COOS NETARTS-OCEANSIDE R.F.P.D., OR BAY, OR NETARTS-OCEANSIDE SANITARY DISTRICT, OR OREGON LEGISLATIVE ADMINISTRATION NEW BRIDGE WATER SUPPLY DISTRICT, OR OREGON OUTBACK R.F.P.D., OR Requirements for National Cooperative Contract Page 114 of 122 382 OREGON POINT, OR PORT OF CASCADE LOCKS, OR OREGON TRAIL LIBRARY DISTRICT, OR PORT OF COQUILLE RIVER, OR OTTER ROCK WATER DISTRICT, OR PORT OF GARIBALDI, OR OWW UNIT#2 SANITARY DISTRICT, OR PORT OF GOLD BEACH, OR OWYHEE CEMETERY MAINTENANCE DISTRICT, PORT OF HOOD RIVER, OR OR PORT OF MORGAN CITY, LA OWYHEE IRRIGATION DISTRICT, OR PORT OF MORROW, OR PACIFIC CITY JOINT WATER-SANITARY PORT OF NEHALEM, OR AUTHORITY, OR PORT OF NEWPORT, OR PACIFIC COMMUNITIES HEALTH DISTRICT, OR PORT OF PORT ORFORD, OR PACIFIC RIVIERA#3 SPECIAL ROAD DISTRICT, PORT OF PORTLAND, OR OR PORT OF SIUSLAW, OR PALATINE HILL WATER DISTRICT, OR PORT OF ST. HELENS, OR PALMER CREEK WATER DISTRICT PORT OF THE DALLES, OR IMPROVEMENT COMPANY, OR PORT OF TILLAMOOK BAY, OR PANORAMIC ACCESS SPECIAL ROAD PORT OF TOLEDO, OR DISTRICT, OR PORT OF UMATILLA, OR PANTHER CREEK ROAD DISTRICT, OR PORT OF UMPQUA, OR PANTHER CREEK WATER DISTRICT, OR PORT ORFORD CEMETERY MAINTENANCE PARKDALE R.F.P.D., OR DISTRICT, OR PARKDALE SANITARY DISTRICT, OR PORT ORFORD PUBLIC LIBRARY DISTRICT, OR PENINSULA DRAINAGE DISTRICT#1, OR PORT ORFORD R.F.P.D., OR PENINSULA DRAINAGE DISTRICT#2, OR PORTLAND DEVELOPMENT COMMISSION, OR PHILOMATH FIRE AND RESCUE, OR PORTLAND FIRE AND RESCUE PILOT ROCK CEMETERY MAINTENANCE PORTLAND HOUSING CENTER, OR DISTRICT#5, OR POWDER R.F.P.D., OR PILOT ROCK PARK&RECREATION DISTRICT, POWDER RIVER R.F.P.D., OR OR POWDER VALLEY WATER CONTROL DISTRICT, PILOT ROCK R.F.P.D., OR OR PINE EAGLE HEALTH DISTRICT, OR POWERS HEALTH DISTRICT, OR PINE FLAT DISTRICT IMPROVEMENT PRAIRIE CEMETERY MAINTENANCE DISTRICT, COMPANY, OR OR PINE GROVE IRRIGATION DISTRICT, OR PRINEVILLE LAKE ACRES SPECIAL ROAD PINE GROVE WATER DISTRICT-KLAMATH DISTRICT#1, OR FALLS, OR PROSPECT R.F.P.D., OR PINE GROVE WATER DISTRICT-MAUPIN, OR QUAIL VALLEY PARK IMPROVEMENT DISTRICT, PINE VALLEY CEMETERY DISTRICT, OR OR PINE VALLEY R.F.P.D., OR QUEENER IRRIGATION IMPROVEMENT PINEWOOD COUNTRY ESTATES SPECIAL DISTRICT, OR ROAD DISTRICT, OR RAINBOW WATER DISTRICT, OR PIONEER DISTRICT IMPROVEMENT COMPANY, RAINIER CEMETERY DISTRICT, OR OR RAINIER DRAINAGE IMPROVEMENT COMPANY, PISTOL RIVER CEMETERY MAINTENANCE OR DISTRICT, OR RALEIGH WATER DISTRICT, OR PISTOL RIVER FIRE DISTRICT, OR REDMOND AREA PARK&RECREATION PLEASANT HILL R.F.P.D., OR DISTRICT, OR PLEASANT HOME WATER DISTRICT, OR REDMOND FIRE AND RESCUE, OR POCAHONTAS MINING AND IRRIGATION RIDDLE FIRE PROTECTION DISTRICT, OR DISTRICT, OR RIDGEWOOD DISTRICT IMPROVEMENT POE VALLEY IMPROVEMENT DISTRICT, OR COMPANY, OR POE VALLEY PARK& RECREATION DISTRICT, RIDGEWOOD ROAD DISTRICT, OR OR RIETH SANITARY DISTRICT, OR POE VALLEY VECTOR CONTROL DISTRICT, OR RIETH WATER DISTRICT, OR POLK COUNTY FIRE DISTRICT#1, OR RIMROCK WEST IMPROVEMENT DISTRICT, OR POLK S.W.C.D., OR RINK CREEK WATER DISTRICT, OR POMPADOUR WATER IMPROVEMENT RIVER BEND ESTATES SPECIAL ROAD DISTRICT, OR DISTRICT, OR PONDEROSA PINES EAST SPECIAL ROAD RIVER FOREST ACRES SPECIAL ROAD DISTRICT, OR DISTRICT, OR PORT OF ALSEA, OR RIVER MEADOWS IMPROVEMENT DISTRICT, PORT OF ARLINGTON, OR OR PORT OF ASTORIA, OR RIVER PINES ESTATES SPECIAL ROAD PORT OF BANDON, OR DISTRICT, OR PORT OF BRANDON, OR RIVER ROAD PARK& RECREATION DISTRICT, PORT OF BROOKINGS HARBOR, OR OR Requirements for National Cooperative Contract Page 115 of 122 383 RIVER ROAD WATER DISTRICT, OR SHELLEY ROAD CREST ACRES WATER RIVERBEND RIVERBANK WATER DISTRICT, OR IMPROVEMENT DISTRICT, OR SHERIDAN FIRE DISTRICT, OR RIVERDALE R.F.P.D. 11-JT, OR SHERMAN COUNTY HEALTH DISTRICT, OR RIVERGROVE WATER DISTRICT, OR SHERMAN COUNTY S.W.C.D., OR RIVERSIDE MISSION WATER CONTROL SHORELINE SANITARY DISTRICT, OR DISTRICT, OR SILETZ KEYS SANITARY DISTRICT, OR RIVERSIDE R.F.P.D.#7406, OR SILETZ R.F.P.D., OR RIVERSIDE WATER DISTRICT, OR SILVER FALLS LIBRARY DISTRICT, OR ROBERTS CREEK WATER DISTRICT, OR SILVER LAKE IRRIGATION DISTRICT, OR ROCK CREEK DISTRICT IMPROVEMENT, OR SILVER LAKE R.F.P.D., OR ROCK CREEK WATER DISTRICT, OR SILVER SANDS SPECIAL ROAD DISTRICT, OR ROCKWOOD WATER P.U.D., OR SILVERTON R.F.P.D. NO.2, OR ROCKY POINT FIRE& EMS, OR SISTERS PARKS& RECREATION DISTRICT, OR ROGUE RIVER R.F.P.D., OR SISTERS-CAMP SHERMAN R.F.P.D., OR ROGUE RIVER VALLEY IRRIGATION DISTRICT, SIUSLAW PUBLIC LIBRARY DISTRICT, OR OR SIUSLAW S.W.C.D., OR ROGUE VALLEY SEWER SERVICES, OR SIUSLAW VALLEY FIRE AND RESCUE, OR ROGUE VALLEY SEWER, OR SIXES R.F.P.D., OR ROGUE VALLEY TRANSPORTATION DISTRICT, SKIPANON WATER CONTROL DISTRICT, OR OR SKYLINE VIEW DISTRICT IMPROVEMENT ROSEBURG URBAN SANITARY AUTHORITY, OR COMPANY, OR ROSEWOOD ESTATES ROAD DISTRICT, OR SLEEPY HOLLOW WATER DISTRICT, OR ROW RIVER VALLEY WATER DISTRICT, OR SMITH DITCH DISTRICT IMPROVEMENT RURAL ROAD ASSESSMENT DISTRICT#3, OR COMPANY, OR RURAL ROAD ASSESSMENT DISTRICT#4, OR SOUTH CLACKAMAS TRANSPORTATION SAINT LANDRY PARISH TOURIST COMMISSION DISTRICT, OR SAINT MARY PARISH REC DISTRICT 2 SOUTH COUNTY HEALTH DISTRICT, OR SAINT MARY PARISH REC DISTRICT 3 SOUTH FORK WATER BOARD, OR SAINT TAMMANY FIRE DISTRICT 4, LA SOUTH GILLIAM COUNTY CEMETERY SALEM AREA MASS TRANSIT DISTRICT, OR DISTRICT, OR SALEM MASS TRANSIT DISTRICT SOUTH GILLIAM COUNTY HEALTH DISTRICT, SALEM SUBURBAN R.F.P.D., OR OR SALISHAN SANITARY DISTRICT, OR SOUTH GILLIAM COUNTY R.F.P.D.VI-301, OR SALMON RIVER PARK SPECIAL ROAD SOUTH LAFOURCHE LEVEE DISTRICT, LA DISTRICT, OR SOUTH LANE COUNTY FIRE & RESCUE, OR SALMON RIVER PARK WATER IMPROVEMENT SOUTH SANTIAM RIVER WATER CONTROL DISTRICT, OR DISTRICT, OR SALMONBERRY TRAIL INTERGOVERNMENTAL SOUTH SHERMAN FIRE DISTRICT, OR AGENCY, OR SOUTH SUBURBAN SANITARY DISTRICT, OR SANDPIPER VILLAGE SPECIAL ROAD DISTRICT, SOUTH WASCO PARK&RECREATION OR DISTRICT, OR SANDY DRAINAGE IMPROVEMENT COMPANY, SOUTHERN COOS HEALTH DISTRICT, OR OR SOUTHERN CURRY CEMETERY MAINTENANCE SANDY R.F.P.D.#72, OR DISTRICT, OR SANTA CLARA R.F.P.D., OR SOUTHVIEW IMPROVEMENT DISTRICT, OR SANTA CLARA WATER DISTRICT, OR SOUTHWEST LINCOLN COUNTY WATER SANTIAM WATER CONTROL DISTRICT, OR DISTRICT, OR SAUVIE ISLAND DRAINAGE IMPROVEMENT SOUTHWESTERN POLK COUNTY R.F.P.D., OR COMPANY, OR SOUTHWOOD PARK WATER DISTRICT, OR SAUVIE ISLAND VOLUNTEER FIRE DISTRICT SPECIAL ROAD DISTRICT#1, OR #30J, OR SPECIAL ROAD DISTRICT#8, OR SCAPPOOSE DRAINAGE IMPROVEMENT SPRING RIVER SPECIAL ROAD DISTRICT, OR COMPANY, OR SPRINGFIELD UTILITY BOARD, OR SCAPPOOSE PUBLIC LIBRARY DISTRICT, OR ST. PAUL R.F.P.D., OR SCAPPOOSE R.F.P.D., OR STANFIELD CEMETERY DISTRICT#6, OR SCIO R.F.P.D., OR STANFIELD IRRIGATION DISTRICT, OR SCOTTSBURG R.F.P.D., OR STARR CREEK ROAD DISTRICT, OR SEAL ROCK R.F.P.D., OR STARWOOD SANITARY DISTRICT, OR SEAL ROCK WATER DISTRICT, OR STAYTON FIRE DISTRICT, OR SEWERAGE AND WATER BOARD OF NEW SUBLIMITY FIRE DISTRICT, OR ORLEANS, LA SUBURBAN EAST SALEM WATER DISTRICT, OR SHANGRI-LA WATER DISTRICT, OR SUBURBAN LIGHTING DISTRICT, OR SHASTA VIEW IRRIGATION DISTRICT, OR SUCCOR CREEK DISTRICT IMPROVEMENT COMPANY, OR Requirements for National Cooperative Contract Page 116 of 122 384 SUMMER LAKE IRRIGATION DISTRICT, OR TUALATIN VALLEY FIRE &RESCUE, OR SUMMERVILLE CEMETERY MAINTENANCE TUALATIN VALLEY IRRIGATION DISTRICT, OR DISTRICT, OR TUALATIN VALLEY WATER DISTRICT SUMNER R.F.P.D., OR TUALATIN VALLEY WATER DISTRICT, OR SUN MOUNTAIN SPECIAL ROAD DISTRICT, OR TUMALO IRRIGATION DISTRICT, OR SUNDOWN SANITATION DISTRICT, OR TURNER FIRE DISTRICT, OR SUNFOREST ESTATES SPECIAL ROAD TWIN ROCKS SANITARY DISTRICT, OR DISTRICT, OR TWO RIVERS NORTH SPECIAL ROAD DISTRICT, SUNNYSIDE IRRIGATION DISTRICT, OR OR SUNRISE WATER AUTHORITY, OR TWO RIVERS S.W.C.D., OR SUNRIVER SERVICE DISTRICT, OR TWO RIVERS SPECIAL ROAD DISTRICT, OR SUNSET EMPIRE PARK&RECREATION TYGH VALLEY R.F.P.D., OR DISTRICT, OR TYGH VALLEY WATER DISTRICT, OR SUNSET EMPIRE TRANSPORTATION DISTRICT, UMATILLA COUNTY FIRE DISTRICT#1, OR OR UMATILLA COUNTY S.W.C.D., OR SURFLAND ROAD DISTRICT, OR UMATILLA COUNTY SPECIAL LIBRARY SUTHERLIN VALLEY RECREATION DISTRICT, DISTRICT, OR OR UMATILLA HOSPITAL DISTRICT, OR SUTHERLIN WATER CONTROL DISTRICT, OR UMATILLA R.F.P.D.#7405, OR SWALLEY IRRIGATION DISTRICT, OR UMATILLA-MORROW RADIO AND DATA SWEET HOME CEMETERY MAINTENANCE DISTRICT, OR DISTRICT, OR UMPQUA S.W.C.D., OR SWEET HOME FIRE &AMBULANCE DISTRICT, UNION CEMETERY MAINTENANCE DISTRICT, OR OR SWISSHOME-DEADWOOD R.F.P.D., OR UNION COUNTY SOLID WASTE DISPOSAL TABLE ROCK DISTRICT IMPROVEMENT DISTRICT, OR COMPANY, OR UNION COUNTY VECTOR CONTROL DISTRICT, TALENT IRRIGATION DISTRICT, OR OR TANGENT R.F.P.D., OR UNION GAP SANITARY DISTRICT, OR TENMILE R.F.P.D., OR UNION GAP WATER DISTRICT, OR TERREBONNE DOMESTIC WATER DISTRICT, UNION HEALTH DISTRICT, OR OR UNION R.F.P.D., OR THE DALLES IRRIGATION DISTRICT, OR UNION S.W.C.D., OR THOMAS CREEK-WESTSIDE R.F.P.D., OR UNITY COMMUNITY PARK&RECREATION THREE RIVERS RANCH ROAD DISTRICT, OR DISTRICT, OR THREE SISTERS IRRIGATION DISTRICT, OR UPPER CLEVELAND RAPIDS ROAD DISTRICT, TIGARD TUALATIN AQUATIC DISTRICT, OR OR TIGARD WATER DISTRICT, OR UPPER MCKENZIE R.F.P.D., OR TILLAMOOK BAY FLOOD IMPROVEMENT UPPER WILLAMETTE S.W.C.D., OR DISTRICT, OR VALE OREGON IRRIGATION DISTRICT, OR TILLAMOOK COUNTY EMERGENCY VALE RURAL FIRE PROTECTION DISTRICT, OR COMMUNICATIONS DISTRICT, OR VALLEY ACRES SPECIAL ROAD DISTRICT, OR TILLAMOOK COUNTY S.W.C.D., OR VALLEY VIEW CEMETERY MAINTENANCE TILLAMOOK COUNTY TRANSPORTATION DISTRICT, OR DISTRICT, OR VALLEY VIEW WATER DISTRICT, OR TILLAMOOK FIRE DISTRICT, OR VANDEVERT ACRES SPECIAL ROAD DISTRICT, TILLAMOOK P.U.D., OR OR TILLER R.F.P.D., OR VERNONIA R.F.P.D., OR TOBIN DITCH DISTRICT IMPROVEMENT VINEYARD MOUNTAIN PARK&RECREATION COMPANY, OR DISTRICT, OR TOLEDO R.F.P.D., OR VINEYARD MOUNTAIN SPECIAL ROAD TONE WATER DISTRICT, OR DISTRICT, OR TOOLEY WATER DISTRICT, OR WALLA WALLA RIVER IRRIGATION DISTRICT, TRASK DRAINAGE DISTRICT, OR OR TRI CITY R.F.P.D.#4, OR WALLOWA COUNTY HEALTH CARE DISTRICT, TRI-CITY WATER&SANITARY AUTHORITY, OR OR TRI-COUNTY METROPOLITAN WALLOWA LAKE COUNTY SERVICE DISTRICT, TRANSPORTATION DISTRICT OF OREGON OR TRIMET, OR WALLOWA LAKE IRRIGATION DISTRICT, OR TUALATIN HILLS PARK& RECREATION WALLOWA LAKE R.F.P.D., OR DISTRICT WALLOWA S.W.C.D., OR TUALATIN HILLS PARK& RECREATION WALLOWA VALLEY IMPROVEMENT DISTRICT DISTRICT, OR #1, OR TUALATIN S.W.C.D., OR WAMIC R.F.P.D., OR TUALATIN VALLEY FIRE &RESCUE WAMIC WATER&SANITARY AUTHORITY, OR Requirements for National Cooperative Contract Page 117 of 122 385 WARMSPRINGS IRRIGATION DISTRICT, OR YAMHILL FIRE PROTECTION DISTRICT, OR WASCO COUNTY S.W.C.D., OR YAMHILL SWCD, OR WATER ENVIRONMENT SERVICES, OR YONCALLA PARK&RECREATION DISTRICT, OR WATER WONDERLAND IMPROVEMENT YOUNGS RIVER-LEWIS&CLARK WATER DISTRICT, OR DISTRICT, OR WATERBURY&ALLEN DITCH IMPROVEMENT ZUMWALT R.F.P.D., OR DISTRICT, OR WATSECO-BARVIEW WATER DISTRICT, OR WAUNA WATER DISTRICT, OR K-12 INCLUDING BUT NOT LIMITED TO: WEDDERBURN SANITARY DISTRICT, OR ACADIA PARISH SCHOOL BOARD WEST EAGLE VALLEY WATER CONTROL BEAVERTON SCHOOL DISTRICT DISTRICT, OR BEND-LA PINE SCHOOL DISTRICT WEST EXTENSION IRRIGATION DISTRICT, OR BOGALUSA HIGH SCHOOL, LA WEST LABISH DRAINAGE&WATER CONTROL BOSSIER PARISH SCHOOL BOARD IMPROVEMENT DISTRICT, OR BROOKING HARBOR SCHOOL DISTRICT WEST MULTNOMAH S.W.C.D., OR CADDO PARISH SCHOOL DISTRICT WEST SIDE R.F.P.D., OR CALCASIEU PARISH SCHOOL DISTRICT WEST SLOPE WATER DISTRICT, OR CANBY SCHOOL DISTRICT WEST UMATILLA MOSQUITO CONTROL CANYONVILLE CHRISTIAN ACADEMY DISTRICT, OR CASCADE SCHOOL DISTRICT WEST VALLEY FIRE DISTRICT, OR CASCADES ACADEMY OF CENTRAL OREGON WESTERN HEIGHTS SPECIAL ROAD DISTRICT, CENTENNIAL SCHOOL DISTRICT OR CENTRAL CATHOLIC HIGH SCHOOL WESTERN LANE AMBULANCE DISTRICT, OR CENTRAL POINT SCHOOL DISTRICT NO.6 WESTLAND IRRIGATION DISTRICT, OR CENTRAL SCHOOL DISTRICT 13J WESTON ATHENA MEMORIAL HALL PARK& COOS BAY SCHOOL DISTRICT NO.9 RECREATION DISTRICT, OR CORVALLIS SCHOOL DISTRICT 509J WESTON CEMETERY DISTRICT#2, OR COUNTY OF YAMHILL SCHOOL DISTRICT 29 WESTPORT FIRE AND RESCUE, OR CULVER SCHOOL DISTRICT WESTRIDGE WATER SUPPLY CORPORATION, DALLAS SCHOOL DISTRICT NO.2 OR DAVID DOUGLAS SCHOOL DISTRICT WESTWOOD HILLS ROAD DISTRICT, OR DAYTON SCHOOL DISTRICT NO.8 WESTWOOD VILLAGE ROAD DISTRICT, OR DE LA SALLE N CATHOLIC HS WHEELER S.W.C.D., OR DESCHUTES COUNTY SCHOOL DISTRICT NO.6 WHITE RIVER HEALTH DISTRICT, OR DOUGLAS EDUCATIONAL DISTRICT SERVICE WIARD MEMORIAL PARK DISTRICT, OR DUFUR SCHOOL DISTRICT NO.29 WICKIUP WATER DISTRICT, OR EAST BATON ROUGE PARISH SCHOOL WILLAKENZIE R.F.P.D., OR DISTRICT WILLAMALANE PARK&RECREATION DISTRICT, ESTACADA SCHOOL DISTRICT NO.10B OR FOREST GROVE SCHOOL DISTRICT WILLAMALANE PARK AND RECREATION GEORGE MIDDLE SCHOOL DISTRICT GLADSTONE SCHOOL DISTRICT WILLAMETTE HUMANE SOCIETY GRANTS PASS SCHOOL DISTRICT 7 WILLAMETTE RIVER WATER COALITION, OR GREATER ALBANY PUBLIC SCHOOL DISTRICT WILLIAMS R.F.P.D., OR GRESHAM BARLOW JOINT SCHOOL DISTRICT WILLOW CREEK PARK DISTRICT, OR HEAD START OF LANE COUNTY WILLOW DALE WATER DISTRICT, OR HIGH DESERT EDUCATION SERVICE DISTRICT WILSON RIVER WATER DISTRICT, OR HILLSBORO SCHOOL DISTRICT WINCHESTER BAY R.F.P.D., OR HOOD RIVER COUNTY SCHOOL DISTRICT WINCHESTER BAY SANITARY DISTRICT, OR JACKSON CO SCHOOL DIST NO.9 WINCHUCK R.F.P.D., OR JEFFERSON COUNTY SCHOOL DISTRICT 509-J WINSTON-DILLARD R.F.P.D., OR JEFFERSON PARISH SCHOOL DISTRICT WINSTON-DILLARD WATER DISTRICT, OR JEFFERSON SCHOOL DISTRICT WOLF CREEK R.F.P.D., OR JUNCTION CITY SCHOOLS, OR WOOD RIVER DISTRICT IMPROVEMENT KLAMATH COUNTY SCHOOL DISTRICT COMPANY, OR KLAMATH FALLS CITY SCHOOLS WOODBURN R.F.P.D. NO. 6, OR LAFAYETTE PARISH SCHOOL DISTRICT WOODLAND PARK SPECIAL ROAD DISTRICT, LAKE OSWEGO SCHOOL DISTRICT 7J OR LANE COUNTY SCHOOL DISTRICT 4J WOODS ROAD DISTRICT, OR LINCOLN COUNTY SCHOOL DISTRICT WRIGHT CREEK ROAD WATER IMPROVEMENT LINN CO. SCHOOL DIST. 95C DISTRICT, OR LIVINGSTON PARISH SCHOOL DISTRICT WY'EAST FIRE DISTRICT, OR LOST RIVER JR/SR HIGH SCHOOL YACHATS R.F.P.D., OR LOWELL SCHOOL DISTRICT NO.71 YAMHILL COUNTY TRANSIT AREA, OR MARION COUNTY SCHOOL DISTRICT Requirements for National Cooperative Contract Page 118 of 122 386 MARION COUNTY SCHOOL DISTRICT 103 CACHE SCHOOL DISTRICT, UT MARIST HIGH SCHOOL, OR CANYON RIM ACADEMY, UT MCMINNVILLE SCHOOL DISTRICT NOAO CANYONS DISTRICT, UT MEDFORD SCHOOL DISTRICT 549C CARBON SCHOOL DISTRICT, UT MITCH CHARTER SCHOOL CHANNING HALL, UT MONROE SCHOOL DISTRICT NO.1J CHARTER SCHOOL LEWIS ACADEMY, UT MORROW COUNTY SCHOOL DIST, OR CITY ACADEMY, UT MULTNOMAH EDUCATION SERVICE DISTRICT DAGGETT SCHOOL DISTRICT, UT MULTISENSORY LEARNING ACADEMY DAVINCI ACADEMY, UT MYRTLE PINT SCHOOL DISTRICT 41 DAVIS DISTRICT, UT NEAH-KAH-NIE DISTRICT NO.56 DUAL IMMERSION ACADEMY, UT NEWBERG PUBLIC SCHOOLS DUCHESNE SCHOOL DISTRICT, UT NESTUCCA VALLEY SCHOOL DISTRICT NO.101 EARLY LIGHT ACADEMY AT DAYBREAK, UT NOBEL LEARNING COMMUNITIES EAST HOLLYWOOD HIGH, UT NORTH BEND SCHOOL DISTRICT 13 EDITH BOWEN LABORATORY SCHOOL, UT NORTH CLACKAMAS SCHOOL DISTRICT EMERSON ALCOTT ACADEMY, UT NORTH DOUGLAS SCHOOL DISTRICT EMERY SCHOOL DISTRICT, UT NORTH WASCO CITY SCHOOL DISTRICT 21 ENTHEOS ACADEMY, UT NORTHWEST REGIONAL EDUCATION SERVICE EXCELSIOR ACADEMY, UT DISTRICT FAST FORWARD HIGH, UT ONTARIO MIDDLE SCHOOL FREEDOM ACADEMY, UT OREGON TRAIL SCHOOL DISTRICT NOA6 GARFIELD SCHOOL DISTRICT, UT ORLEANS PARISH SCHOOL DISTRICT GATEWAY PREPARATORY ACADEMY, UT PHOENIX-TALENT SCHOOL DISTRICT NOA GEORGE WASHINGTON ACADEMY, UT PLEASANT HILL SCHOOL DISTRICT GOOD FOUNDATION ACADEMY, UT PORTLAND JEWISH ACADEMY GRAND SCHOOL DISTRICT, UT PORTLAND PUBLIC SCHOOLS GRANITE DISTRICT, UT RAPIDES PARISH SCHOOL DISTRICT GUADALUPE SCHOOL, UT REDMOND SCHOOL DISTRICT HAWTHORN ACADEMY, UT REYNOLDS SCHOOL DISTRICT INTECH COLLEGIATE HIGH SCHOOL, UT ROGUE RIVER SCHOOL DISTRICT IRON SCHOOL DISTRICT, UT ROSEBURG PUBLIC SCHOOLS ITINERIS EARLY COLLEGE HIGH, UT SCAPPOOSE SCHOOL DISTRICT 1J JOHN HANCOCK CHARTER SCHOOL, UT SAINT TAMMANY PARISH SCHOOL BOARD, LA JORDAN DISTRICT, UT SEASIDE SCHOOL DISTRICT 10 JUAB SCHOOL DISTRICT, UT SHERWOOD SCHOOL DISTRICT 88J KANE SCHOOL DISTRICT, UT SILVER FALLS SCHOOL DISTRICT 4J KARL G MAESER PREPARATORY ACADEMY, UT SOUTH LANE SCHOOL DISTRICT 45J3 LAKEVIEW ACADEMY, UT SOUTHERN OREGON EDUCATION SERVICE LEGACY PREPARATORY ACADEMY, UT DISTRICT LIBERTY ACADEMY, UT SPRINGFIELD PUBLIC SCHOOLS LINCOLN ACADEMY, UT SUTHERLIN SCHOOL DISTRICT LOGAN SCHOOL DISTRICT, UT SWEET HOME SCHOOL DISTRICT NO.55 MARIA MONTESSORI ACADEMY, UT TERREBONNE PARISH SCHOOL DISTRICT MERIT COLLEGE PREPARATORY ACADEMY, UT THE CATLIN GABEL SCHOOL MILLARD SCHOOL DISTRICT, UT TIGARD-TUALATIN SCHOOL DISTRICT MOAB CHARTER SCHOOL, UT UMATILLA MORROW ESD MONTICELLO ACADEMY, UT WEST LINN WILSONVILLE SCHOOL DISTRICT MORGAN SCHOOL DISTRICT, UT WILLAMETTE EDUCATION SERVICE DISTRICT MOUNTAINVILLE ACADEMY, UT WOODBURN SCHOOL DISTRICT MURRAY SCHOOL DISTRICT, UT YONCALLA SCHOOL DISTRICT NAVIGATOR POINTE ACADEMY, UT ACADEMY FOR MATH ENGINEERING& NEBO SCHOOL DISTRICT, UT SCIENCE (AMES), UT NO UT ACAD FOR MATH ENGINEERING& ALIANZA ACADEMY, UT SCIENCE (NUAMES), UT ALPINE DISTRICT, UT NOAH WEBSTER ACADEMY, UT AMERICAN LEADERSHIP ACADEMY, UT NORTH DAVIS PREPARATORY ACADEMY, UT AMERICAN PREPARATORY ACADEMY, UT NORTH SANPETE SCHOOL DISTRICT, UT BAER CANYON HIGH SCHOOL FOR SPORTS& NORTH STAR ACADEMY, UT MEDICAL SCIENCES, UT NORTH SUMMIT SCHOOL DISTRICT, UT BEAR RIVER CHARTER SCHOOL, UT ODYSSEY CHARTER SCHOOL, UT BEAVER SCHOOL DISTRICT, UT OGDEN PREPARATORY ACADEMY, UT BEEHIVE SCIENCE &TECHNOLOGY ACADEMY OGDEN SCHOOL DISTRICT, UT (BSTA) , UT OPEN CLASSROOM, UT BOX ELDER SCHOOL DISTRICT, UT OPEN HIGH SCHOOL OF UTAH, UT CBA CENTER, UT OQUIRRH MOUNTAIN CHARTER SCHOOL, UT Requirements for National Cooperative Contract Page 119 of 122 387 PARADIGM HIGH SCHOOL, UT COLLEGE OF THE MARSHALL ISLANDS PARK CITY SCHOOL DISTRICT, UT COLUMBIA GORGE COMMUNITY COLLEGE PINNACLE CANYON ACADEMY, UT CONCORDIA UNIVERSITY PIUTE SCHOOL DISTRICT, UT GEORGE FOX UNIVERSITY PROVIDENCE HALL, UT KLAMATH COMMUNITY COLLEGE DISTRICT PROVO SCHOOL DISTRICT, UT LANE COMMUNITY COLLEGE QUAIL RUN PRIMARY SCHOOL, UT LEWIS AND CLARK COLLEGE QUEST ACADEMY, UT LINFIELD COLLEGE RANCHES ACADEMY, UT LINN-BENTON COMMUNITY COLLEGE REAGAN ACADEMY, UT LOUISIANA COLLEGE, LA RENAISSANCE ACADEMY, UT LOUISIANA STATE UNIVERSITY RICH SCHOOL DISTRICT, UT LOUISIANA STATE UNIVERSITY HEALTH ROCKWELL CHARTER HIGH SCHOOL, UT SERVICES SALT LAKE ARTS ACADEMY, UT MARYLHURST UNIVERSITY SALT LAKE CENTER FOR SCIENCE MT. HOOD COMMUNITY COLLEGE EDUCATION, UT MULTNOMAH BIBLE COLLEGE SALT LAKE SCHOOL DISTRICT, UT NATIONAL COLLEGE OF NATURAL MEDICINE SALT LAKE SCHOOL FOR THE PERFORMING NORTHWEST CHRISTIAN COLLEGE ARTS, UT OREGON HEALTH AND SCIENCE UNIVERSITY SAN JUAN SCHOOL DISTRICT, UT OREGON INSTITUTE OF TECHNOLOGY SEVIER SCHOOL DISTRICT, UT OREGON STATE UNIVERSITY SOLDIER HOLLOW CHARTER SCHOOL, UT OREGON UNIVERSITY SYSTEM SOUTH SANPETE SCHOOL DISTRICT, UT PACIFIC UNIVERSITY SOUTH SUMMIT SCHOOL DISTRICT, UT PIONEER PACIFIC COLLEGE SPECTRUM ACADEMY, UT PORTLAND COMMUNITY COLLEGE SUCCESS ACADEMY, UT PORTLAND STATE UNIVERSITY SUCCESS SCHOOL, UT REED COLLEGE SUMMIT ACADEMY, UT RESEARCH CORPORATION OF THE SUMMIT ACADEMY HIGH SCHOOL, UT UNIVERSITY OF HAWAII SYRACUSE ARTS ACADEMY, UT ROGUE COMMUNITY COLLEGE THOMAS EDISON-NORTH, UT SOUTHEASTERN LOUISIANA UNIVERSITY TIMPANOGOS ACADEMY, UT SOUTHERN OREGON UNIVERSITY (OREGON TINTIC SCHOOL DISTRICT, UT UNIVERSITY SYSTEM) TOOELE SCHOOL DISTRICT, UT SOUTHWESTERN OREGON COMMUNITY TUACAHN HIGH SCHOOL FOR THE COLLEGE PERFORMING ARTS, UT TULANE UNIVERSITY UINTAH RIVER HIGH, UT TILLAMOOK BAY COMMUNITY COLLEGE UINTAH SCHOOL DISTRICT, UT UMPQUA COMMUNITY COLLEGE UTAH CONNECTIONS ACADEMY, UT UNIVERSITY OF HAWAII BOARD OF REGENTS UTAH COUNTY ACADEMY OF SCIENCE, UT UNIVERSITY OF HAWAII-HONOLULU UTAH ELECTRONIC HIGH SCHOOL, UT COMMUNITY COLLEGE UTAH SCHOOLS FOR DEAF &BLIND, UT UNIVERSITY OF OREGON-GRADUATE SCHOOL UTAH STATE OFFICE OF EDUCATION, UT UNIVERSITY OF PORTLAND UTAH VIRTUAL ACADEMY, UT UNIVERSITY OF NEW ORLEANS VENTURE ACADEMY, UT WESTERN OREGON UNIVERSITY VISTA AT ENTRADA SCHOOL OF PERFORMING WESTERN STATES CHIROPRACTIC COLLEGE ARTS AND TECHNOLOGY, UT WILLAMETTE UNIVERSITY WALDEN SCHOOL OF LIBERAL ARTS, UT XAVIER UNIVERSITY WASATCH PEAK ACADEMY, UT UTAH SYSTEM OF HIGHER EDUCATION, UT WASATCH SCHOOL DISTRICT, UT UNIVERSITY OF UTAH, UT WASHINGTON SCHOOL DISTRICT, UT UTAH STATE UNIVERSITY, UT WAYNE SCHOOL DISTRICT, UT WEBER STATE UNIVERSITY, UT WEBER SCHOOL DISTRICT, UT SOUTHERN UTAH UNIVERSITY, UT WEILENMANN SCHOOL OF DISCOVERY, UT SNOW COLLEGE, UT DIXIE STATE COLLEGE, UT HIGHER EDUCATION COLLEGE OF EASTERN UTAH, UT ARGOSY UNIVERSITY UTAH VALLEY UNIVERSITY, UT BATON ROUGE COMMUNITY COLLEGE, LA SALT LAKE COMMUNITY COLLEGE, UT BIRTHINGWAY COLLEGE OF MIDWIFERY UTAH COLLEGE OF APPLIED TECHNOLOGY, UT BLUE MOUNTAIN COMMUNITY COLLEGE BRIGHAM YOUNG UNIVERSITY-HAWAII STATE AGENCIES CENTRAL OREGON COMMUNITY COLLEGE ADMIN. SERVICES OFFICE CENTENARY COLLEGE OF LOUISIANA BOARD OF MEDICAL EXAMINERS CHEMEKETA COMMUNITY COLLEGE HAWAII CHILD SUPPORT ENFORCEMENT CLACKAMAS COMMUNITY COLLEGE AGENCY Requirements for National Cooperative Contract Page 120 of 122 388 HAWAII DEPARTMENT OF TRANSPORTATION HAWAII HEALTH SYSTEMS CORPORATION OFFICE OF MEDICAL ASSISTANCE PROGRAMS OFFICE OF THE STATE TREASURER OREGON BOARD OF ARCHITECTS OREGON CHILD DEVELOPMENT COALITION OREGON DEPARTMENT OF EDUCATION OREGON DEPARTMENT OF FORESTRY OREGON DEPT OF TRANSPORTATION OREGON DEPT. OF EDUCATION OREGON LOTTERY OREGON OFFICE OF ENERGY OREGON STATE BOARD OF NURSING OREGON STATE DEPT OF CORRECTIONS OREGON STATE POLICE OREGON TOURISM COMMISSION OREGON TRAVEL INFORMATION COUNCIL SANTIAM CANYON COMMUNICATION CENTER SEIU LOCAL 503, OPEU SOH-JUDICIARY CONTRACTS AND PURCH STATE DEPARTMENT OF DEFENSE, STATE OF HAWAII STATE OF HAWAII STATE OF HAWAII, DEPT. OF EDUCATION STATE OF LOUISIANA STATE OF LOUISIANA DEPT. OF EDUCATION STATE OF LOUISIANA, 26TH JUDICIAL DISTRICT ATTORNEY STATE OF UTAH Requirements for National Cooperative Contract Page 121 of 122 389 / DA IIIF #KIN Offeror's Company Name Daikin Applied Americas Inc. Solicitation Name HVAC Equipment, Installation , Service, & Related Products Solicitation Number 20-04 Tab 390 pper rd'ix Q Doug#1 ACKNOWLEDGMENTANDACCEPI'ANCE OF REGION 4 ESC's OPENRECORDS POLICY OPEN RECORDS POLICY All prop a nls, information and docunrnonts submitted are subject to the Pu,ublib Information Act requirements overned by the State of Texas once;oncea Contraict(s) i executed. If an Offeror ro,r believes its response, or parts of its response, may be exernipted' frorn disdo,sure, the, ff iror Must specify page-by-page and lino-By-line the parts of the response, whith it believes, are exempt and include detailed reasons to, substantiate the exemption. Price is not confidentiail and will not b wilhholdv Any unmarked information will fro considered public,inform at and relin ed, if requ e tod under the Pudic Information swot. `The, determination of whether information is confidential and not subject to disclosure, is the duty of the Office of Attomey General (O tP), Region EISC aw t provide the OAG sufficient irnforrnation to render an opinion and therefore, vague, and genieral claims to o fid rntl lit'y by the Offeror are not acceptable. Region 4, ESC must Comply with the opinions of the OAG,, Region l ' assumes, no responsibility for asserting legal r ume nt on behalf of any Offeror- Offeror i advised ed to consult', with, their Vogel counsel concerning dilt,dosure issues resulting from this procurement Iprocess and to take precautioris to safeguard trade secrets and other proprietary informatilort, Signature below o rflf e s ornrr'n lele acre t rwe of Region 4 E "' Sporn Record Policy, except as noted below ( dditt017491 pagois may bo, attached, ifnocess vy), Check, one, of the following responsies, to the Acknowledgment and Acceptance of Region ESC's Opera Records Policy below-. i WO acknowledge, Region 4 ESC's Open Records Policy, and declare that no, information submitted with this proposal, or any part of our proposal, is exempt frown disclosure under the Public Information Act. We declare the following information to be a trade secret or proprietary and exempt frorrn di olo ure undl r the Public Information Act, (Norte: Off Offe rormurst specify page-by-page and limo-ley-lino the parts of the response, which it behaves; are exempt, to addition, Offeror rrrur t include detailed reasons to subs 'a nti te the exem,pttonf,$)- P'fice is Trot oornfldont anid wlll imf be withheld. All trnfon-n ton bell ved to be n trade, secret or propyielary must be listed.d. if is f olhor under-stood fha t failure to kJanlify suchinfornarration, in Strict accoalance, with tfno, lrn truer tion , will result in that trrforrna tton be0g considered purbh information and released, if unoer the Public, lrnforrrnation A ct.�' Date Autf o d ign ture We Page 31 391 #KIN Offeror's Company Name Daikin Applied Americas Inc. Appendix C, Doc #1 Acknowledgment and Acceptance of Region 4 ESC's Open Records Policy Daikin Applied Freedom of Information Act Exemption List ■ Tab 2 — Products and Pricing — all pages, all lines ■ Tab 4 — Qualifications and Experience — References - pages 10-11, all lines ■ Tab 7 — Rep Roster— all pages, all lines ■ Tab 7 — Service Office Roster—all pages, all lines ■ Tab 7 —Service Who to Contact List— all pages, all lines ■ Tab 7 — OMNIA Partners Biz Plan — all pages, all lines Exception Reasoning The material set forth herein is deem to be confidential commercial and financial data, the public disclosure of which could cause substantial competitive harm to Daikin Applied Americas Inc. (hereinafter "Daikin Applied"). In addition, the information contained herein is deemed to constitute trade secrets, confidential operations information, and other confidential commercial and financial data within the meaning of applicable Freedom of Information Acts, the disclosure of which is prohibited by law. This material has not been disclosed to the public, and should not be, since such disclosure could cause competitive harm to Daikin Applied. It is Daikin Applied's expectation that it will be notified by any applicable agency of any request for information pertaining to the materials set for herein, and that Daikin Applied will be given an opportunity to object to disclosure of the information. 392 Appendix C.. ANTITRUST CERTIFICATIO,N STATEMENTS (Tex. Government Code § 21155.005) Attorney General Form I affirm under, penalty of perjury of the laws of the State of Texas that 1. 1 am clut authorized to execute this Contract on my own behalf or on behalf afthe company, Y corporation, firm, partnership or indiOdual (Company) listed below-, 2 In connection with this proposal, neither I nor any representative of the Cornpany has, violated any provision of the Texas Free Enterprise and Antitrust Art, "I"ek Bus� &Comm Code C h a pte r al M 3, In connection with this proposal', neither 11 nor any, representative of the Cornpariiy has, violated ainy federal antitrust law: and 4, Neither I nor any representative of the Company has directly or indirectly COMMUnicated any of the contents of this proposal to a competitor of the Company or any other comparly, corporation, firm, partnership or indlividual engaged in the, same line of business as the Company, Company Contact Paiki.p A ,iettN F.Ile ri Las I ric" ...................................................... .......................................... Signarture 13600 Indusojal fl�u* [loul,evar(I DmAtiv Rothstekn Printed Name ...................... Vertical NLfk— _Nkfl Lag I I Address Position withComparry Official Authorizing ... ................. Proposal Silghature Midulej Schwartz ........................... ...... Printed Narne, Phone 763 553 1550 (Arief'Exectifive Officer ............... ........... ................. . Position with Cornparry Fax Page 32 393 Appendix C, DOC # 3 Implementation of House Bill 1295 Certificate of Interested Parties (Form 1295): In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. The Texas Ethics Commission was required to adopt rules necessary to implement that law, prescribe the disclosure of interested parties form, and post a copy of the form on the commission's website. The commission adopted the Certificate of Interested Parties form (Form 1295) on October 5, 2015. The commission also adopted new rules (Chapter 46) on November 30, 2015, to implement the law. The commission does not have any additional authority to enforce or interpret House Bill 1295. Filing Process: Staring on January 1, 2016, the commission made available on its website a new filing application that must be used to file Form 1295. A business entity must use the application to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the business entity must sign the printed copy of the form. The completed Form 1295 with the certification of filing must be filed with the governmental body or state agency with which the business entity is entering into the contract. The governmental entity or state agency must notify the commission, using the commission's filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. This process is known as acknowledging the certificate. The commission will post the acknowledged Form 1295 to its website within seven business days after receiving notice from the governmental entity or state agency. The posted acknowledged form does not contain the declaration of signature information provided by the business. A certificate will stay in the pending state until it is acknowledged by the governmental agency. Only acknowledged certificates are posted to the commission's website. Electronic Filing Application: htt s.,//www,ethlics,state,tx,us/whatsnew/ellf lInfo form1295,htm coi�,.u;:�uei&l orfllliine .....p................................................................................................................................................................................................................................................................................................................................................................................................................ Frequently Asked Questions: htt.s,//www,ethlics,state,tx,us/resources/II:::�AC s/II:::�AC II:::�orm1295, h p,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,p,,,,,,,,,p Changes to Form 1295: htt s,//www,e�hlics,state,tx,us/data/fulllin linfo/1295Chan es, df g .................p..........................................................................................................................................................................................................................................0.....................................................................................................p......................p............. Page 33 394 Appendix Q DO C ff 4 Texas Goveffirrierat Code 2270 Verificaltion, Form I Iouse Bill 89 (851R Legis[ative essioln), which adds Chapter 22710 to the Texas Gone mment Code,, provides that @: governmental entity may not enter irito a contract with a. company without verification that the oantractin g vendor does not and will riot boycott Israel duriing the terrn of thie, contract. Furthermore, Senate, BHl 252 (851R Legislative Session), which amends Chapter 2252 of the Texas Government Code to add Subchapter F, prohibits contracting with a company engaged in business with Iran, Sudan or, a f6reign terrorist organization idlentifiled on a I'ist prepared by the if Comptroller. 1, Micliftel Schwartz as an autfiDrized representative of _J22i a contractor lengaged' by Insed Name of(Company Be A:Lq,n 4 Education Service Center, 7145 West Tidwell Road Houston X 77092, verdy by this writi,,rigi that the, above-narilied company affirmis, that it (1) does not boycott Israel; and (2) will not boycott Israel cluidrig the term of this contract, or any contract with the aboo e-narned Texas go rnrnontoll entity in the future., Also, our company is not listed on and we do riot do business with companies 'that are oin 'the Texas Comptroller of Public Accounts list of Designated Foreigin Terrorists Cirganizatibris, found m,q p,! ,L g t(,&ma0 St I further affirmi that it our company's position loin this issue is, reversed and this affirmation 'i ino lon I ger valid, that the above-named Texas governmental entity will be notified in,writing within one (1) business day and wen uderstand that our company's failure to affirmsand comply with the requirements of Texas Government Code 22,70 et seq. shall be grounds for immediate contract termination without penalty to the above-riamed Texas goar ernmenta[ entity. [ ,swear and affirm, that the above is true and cloirrect, Api'd 6,2020 Sig 'iature of Named Authorized Cori ny Representative DatW. Rage 34 395 Appendix C, DOC # 5 SPECIAL CONDITIONS The below clauses are applicable to the Offer; by Submitting a Sealed Proposal the Offeror is accepting these Special Conditions: Conflicts of Interest No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a FEMA award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties, has a financial or other interest in or a tangible personal benefit from a firm considered for award. 2 C.F.R. § 200.318(c)(1); See also Standard Form 424D, ¶ 7; Standard Form 424B, ¶ 3. i. FEMA considers a "financial interest" to be the potential for gain or loss to the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties as a result of the particular procurement. The prohibited financial interest may arise from ownership of certain financial instruments or investments such as stock, bonds, or real estate, or from a salary, indebtedness,job offer, or similar interest that might be affected by the particular procurement. ii. FEMA considers an "apparent" conflict of interest to exist where an actual conflict does not exist, but where a reasonable person with knowledge of the relevant facts would question the impartiality of the employee, officer, or agent participating in the procurement. c. Gifts. The officers, employees, and agents of Region 4 ESC nor the Participating Public Agency ("NFE") must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, NFE's may set standards for situations in which the financial interest is de minims, not substantial, or the gift is an unsolicited item of nominal value. 2 C.F.R. § 200.318(c)(1). d. Violations. The NFE's written standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the NFE. 2 C.F.R. § 200.318(c)(1). For example, the penalty for a NFE's employee may be dismissal, and the penalty for a contractor might be the termination of the contract. Contractor Integrity A contractor must have a satisfactory record of integrity and business ethics. Contractors that are debarred or suspended as described in Chapter III, ¶ 6.d must be rejected and cannot receive contract awards at any level. Public Policy A contractor must comply with the public policies of the Federal Government and state, local government, or tribal government. This includes, among other things, past and current compliance with the: a. Equal opportunity and nondiscrimination laws b. Five affirmative steps described at 2 C.F.R. § 200.321(b) for all subcontracting under contracts supported by FEMA financial assistance; and FEMA Procurement Guidance June 21, 2016 Page IV- 7 c. Applicable prevailing wage laws, regulations, and executive orders Page 35 396 Affirmative Steps For any subcontracting opportunities, Contractor must take the following Aff1iirrnatlive steps, 1, Il:::)llacling qualllified sirniallll and rnlinoirlity Ibuslinesses and women's Ibusliness enteirlpirlises on sollliclitatlion llists; 2, Assuirling that sirniallll and rnlinoirlity Ibuslinesses, and women's Ibusliness enteirprlises acre sollliclited whenever they acre Ipotentliall sources; 3, I[:11vl16ng total) irequliireirrients, when econoirnilicalllly feaslilblle, Into sirnialllleir tasks oir quantities to peirrnlit rnaxliirrluirri Ipairficlilpatlion Iby sirniallll and rnlinoirlity Ibuslinesses, and women's Ibusliness enteirpirlises; 4, I[:::::stalb[ishling dellliveiry schedulles, wheire the requliireirrient Ipeirrnlits, whlich encouirage pairficlilpatlion Iby sirniallll and rnlinoirlity Ibuslinesses, and women's Ibusliness enteirpirlises; and 5.. Usling the seirvlices and asslistance, as aplpirolpirliate, of such oirganlizatlions as the Sirnlallll l3L]sliness Adirrilinlistiratlion and the Knoirlity l3L]sliness l'.)evellolpirrient Agency of the I[.)elpair rnent of Commerce; Federal Requirements Services issued under this contract may be in response to an emergency or disaster recovery situation and eligible for federal funding; Services issued in response to an emergency or disaster recovery situation are subject to and must comply with all federal requirements applicable to the funding. The remaining items below, located in this Special Conditions section, are activated and required when federal funding may be utilized. 2 C.F.R. � 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses 1. Termination for Convenience: The right to terminate this Contract for the convenience of Region 4 ESC is retained by Region 4 ESC. In the event of a termination for convenience by Region 4 ESC, Region 4 ESC shall, at least ten (10) calendar days in advance, deliver written notice of the termination for convenience to Contractor. Upon Contractor's receipt of such written notice, Contractor immediately shall cease the performance of the Work and shall take reasonable and appropriate action to secure and protect the Work then in place. Contractor shall then be paid by Region 4 ESC, in accordance with the terms and provisions of the Contract Documents, an amount not to exceed the actual labor costs incurred, the actual cost of all materials installed and the actual cost of all materials stored at the project site or away from the project site, as approved in writing by Region 4 ESC but not yet paid for and which cannot be returned, and actual, reasonable and documented demobilization costs, if any, paid by Contractor and approved by Region 4 ESC in connection with the Scope of Work in place which is completed as of the date of termination by Region 4 ESC and that is in conformance with the Contract Documents, less all amounts previously paid for the Work. No amount ever shall be owed or paid to Contractor for lost or anticipated profits on any part of the Scope of Work not performed or for consequential damages of any kind. 2. Equal Employment Opportunity: Page 36 397 Region 4 ESC highly encourages Contractors to implement Affirmative Action practices in their employment programs. This means Contractor should not discriminate against any employee or applicant for employment because of race, color, religion, sex, pregnancy, sexual orientation, political belief or affiliation, age, disability or genetic information. Il::)urling the (performance of thus contract, the contractor agirees as follllows; (1) 1f he contractor wlillll not 6scir inilinate agalinst any einiplloyee oir alplplllicant fair einlplloyrnent because of trace, colloir, irellliglion, sex, sexuall oirlientatlion, gender lidentlity, oir natlionall oirliglin, "I he contractor wlillll take affliirrnatlive actlion to ensure that alplplllicants acre einiplloyed, and that einiplloyees acre tireated darling einiplloyrnent, wlithout iregaird to theliir trace, colloir, irellliglion, sex, sexuall oirlientatlion, gender lidentlity, oir natlionall oirliglin, Such action shallll lincllude, (but not Ibe Illiinid ted to the follllowling; I[:.::.: iplloyrnent, upgra6ng, deiniotlion, oir tiransfeir, irecirulitrnent oir irecirulitrnent adveirtlisling; Ilayof'f oir teirrnlinatlion; crates of (pay oir otheir foirrns of coinipensatlion; and sellectlion fair tir lnling, linclludling alplpirenficeshlilp, "I he contractor agirees to (post In conslplicuous Ipllaces, avalillablle to eirnilplloyees and alplplllicants fair einiplloyrnent, notlices to Ibe Ipirovlided Iby the contiractling offliceir settling foirth the pirovlislions of thus non6scir i nilina'tlion cllause, ( ) 1f he contractor wlillll, In allll sollliclitatlions oir adveirtliseinients fair eirnilplloyees Ipllaced Iby oir on Ibehallf of the contractor, state that allll g,ualllified alplplllicants wlillll irecelive conslideiratlion fair einiplloyrnent wlithout iregaird to trace, colloir, irellliglion, sex, sexuall oirlientatlion, gender lidentlity, oir natlionall oirliglin, (3) 1f he contractor wlillll not 6schairge oir In any otheir imanner 6scir inilinate agalinst any eirnllplloyee oir alplplllicant fair ernlplloyrnent (because such eirnilplloyee oir alplplllicant has ling,uliired albou't, dliscussed, oir 6scllosed the coinipensatlion of the eirnilplloyee oir alplplllicant oir anotheir eirnilplloyee oir alplplllicant, I tilts Ipirovlislion shallll not alplplly to lInstances In whlich an eirnilplloyee who has access to the coinipensatlion linfoirrnatlion of otheir eirnilplloyees oir alplplllicants as a Ipairt of such eirnilplloyee"s essentliall Job functlions 6sclloses the coinipensatlion of such otheir eirnilplloyees oir alplplllicants to lin6vlidualls who do not otheirwlise have access to such linfoirrnatlion, unlless such dliscllosuire Is In iresponse to a foirrnall coinipllalint oir charge, In fuirtheirance of an linvestligatlion, Ipirocee6ng, heairling, oir actlion, lnclk16ng an linvestligatlion conducted Iby the eirnilplloyeir, oir Is conslistent With the contractor's Ilegall duty to fuirnlish linfoirrnatlion, (4) 1f he contractor wlillll send to each Ilalboir unlion oir irelpiresentatlive of woirlkeirs With whlich It has a collllectlive Ibairgalinling agireeinient oir otheir contract oir undeirstan6ng, a notlice to Ibe Ipirovlided Iby the agency contiractling offliceir, advlisling the Ilalboir unlion oir woirlkeirs" irelpiresentatlive of the contractor's coiniinilitrnents undeir section 202 of Il::::::xecutlive Order 11246 of September 24, 1965, and shallll (post colplies of the notlice In conslplicuous Ipllaces avalillablle to eirnilplloyees and alplplllicants fair einiplloyrnent, (5 ... ,�) Il.he contractor wlillll coinilplly With allll Ipirovlislions of I[:::::xecutlive (,.)irdeir 1 145 of September 24, 1965, and of the Tulles, iregullatlions, and irellevant orders of the Seciretairy of Il.....alboir, (5) 1f he contractor wlillll fuirnlish allll linfoirrnatlion and irelpoirts ireg,uliired Iby I[:::::xecutlive (,)irdeir 11246 of September 24, 1965, and Iby the Tulles, iregullatlions, and orders of the Seciretairy of Il.....alboir, oir pursuant theireto, and wlillll Ipeirrnlit access to tilts Ibooks, irecoirds, and accounts Iby the contiractling agency and the Seciretairy of Il.....alboir fair(purposes of linvestligatlion to ascertalin coirnipllliance With such Tulles, iregullatlions, and orders, (7) In the event of the contractor's non coirnipllliance wlith the non6scirinilina'tlion cllauses of thus contract oir wlith any of such Tulles, iregullatlions, oir orders, thus contract may Ibe cancelled, teirrnlinated oir suspended In wholle oir In Ipairt and the contractor may Ibe decllaired linellliglilblle fair fuirtheir Government contracts In accordance wlith (procedures authoirzed In Il::::::xecutlive (,)irdeir Page 37 398 11246 of September 24, 1965, and such otherr sanctlions may Ibe liinmlposed and ireiniedlies lInvoked as Ipirovlided In Il::::::xecutlive (irdeir 11246 of September 24, 1965, oir Iby Tulle, iregullatlion, oir oirdeir of the Seciretairy of Il.....alboir, oir as otheirwlise Ipirovlided Iby Ilaw. (8) 1f he contractor wlillll lincllude the Ipirovlislions of Ipairagiralphs (1) through (8) In every sulbcontiract oir (Purchase oirdeir unlless exeinilpted Iby Tulles, iregullatlions, oir orders of the Seciretairy of Il.....alboir issued Ipuirsuant to sectiion 264 of Il::::::xecutlive (irdeir 11246 of September 24, 1965, so that such pirovlislions wlillll Ibe bundling upon each sulbcontiractoir oir vendoir, I he contractor wlillll take such action With irespect to any sulbcontiracU oir (Purchase oirdeir as may Ibe 61rected Iby the Seciretairy of Il.....alboir as a means of enfoircling such pirovlislions lnclk16ng sanctlions fair noncoinilpllliance: Provided, however, that In the event the contractor Ibecoinies linvollved In, oir Is thireatened With, Illitligatlion With a sulbcontiractoir oir vendoir as a iresullt of such 61rechon, the contractor may irequest the Unlited States to enteir Into such Illitligatlion to Ipirotect the linteirests of the Unlited States, 3. "Durinq the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. Page 38 399 (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided bylaw. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States." 4. Davis Bacon Act and Copeland Anti-Kickback Act. a. Applicability of Davis-Bacon Act. The Davis-Bacon Act only applies to the emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. It does not apply to other FEMA arant and cooperative aareement proarams. includina the Public Assistance Proaram. b. All prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction)). See 2 C.F.R. Part 200, Appendix II, ¶ D. c. In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once aweek. d. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The Page 39 400 decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. e. In contracts subject to the Davis-Bacon Act, the contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Copeland Anti- Kickback Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA. f. The regulation at 29 C.F.R. § 5.5(a) does provide the required contract clause that applies to compliance with both the Davis-Bacon and Copeland Acts. However, as discussed in the previous subsection, the Davis-Bacon Act does not apply to Public Assistance recipients and subrecipients. In situations where the Davis-Bacon Act does not aaaly. neither does the Copeland "Anti-Kickback Act." However, for purposes of grant programs where both clauses do apply, FEMA requires the following contract clause: "Compliance with the Copeland "Anti-Kickback" Act. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12." 5. Contract Work Hours and Safety Standards Act. a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. b. Where applicable (see 40 U.S.C. § 3701), 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 at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II, ¶ E. Page 40 401 c. Under 40 U.S.C. § 3702, 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 workweek. d. 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. e. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act: "Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally- Page 41 402 assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1)through (4) of this section." 6. Rights to Inventions Made Under a Contractor Agreement. a. Stafford Act Disaster Grants. This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households —Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of"funding agreement." b. If the FEMA award meets the definition of"funding agreement" under 37 C.F.R. § 401.2(a) and the non-Federal entity 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 non- Federal entity must comply with the requirements of 37 C.F.R. Part 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 FEMA. See 2 C.F.R. Part 200, Appendix II, ¶ F. c. The regulation at 37 C.F.R. §401.2(a) currently defines "funding agreement" as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. 7. Clean Air Act and the Federal Water Pollution Control Act. Contracts of amounts in excess of$150,000 must contain a provision that requires the contractor to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II, ¶ G. a. The following provides a sample contract clause concerning compliance Page 42 403 for contracts of amounts in excess of$150,000: "Clean Air Act (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in partwith Federal assistance provided by FEMA." 8. Debarment and Suspension. a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. b. Non-federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Non procurement Debarment and Suspension). Page 43 404 c. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II, ¶ H; and Procurement Guidance for Recipients and Subrecipients Under 2 C.F.R. Part 200 (Uniform Rules): Supplement to the Public Assistance Procurement Disaster Assistance Team(PDAT)Field Manual Chapter IV, ¶ 6.d, and Appendix C, ¶ 2 [hereinafter PDAT Supplement]. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that 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. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530; PDAT Supplement, Chapter IV,¶6.d and Appendix C, ¶2. d. In general, an "excluded" party cannot receive a Federal grant award or a contract within the meaning of a "covered transaction," to include subawards and subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a "covered transaction," which is any non-procurement transaction (unless excepted) at either a "primary" or"secondary" tier. Although "covered transactions" do not include contracts awarded by the Federal Government for purposes of the non-procurement common rule and DHS's implementing regulations, it does include some contracts awarded by recipients and subrecipient. e. Specifically, a covered transaction includes the following contracts for goods or services: (1) The contract is awarded by a recipient or subrecipient in the amount of at least $25,000. (2) The contract requires the approval of FEMA, regardless of amount. (3) The contract is for federally required audit services. (4) A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of$25,000. d. The following provides a debarment and suspension clause. It incorporates an optional method of verifying that contractors are not excluded or disqualified: "Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 Page 44 405 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by (insert name of subrecipient). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions." 9. Byrd Anti-Lobbying Amendment. a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. b. Contractors that apply or bid for an award of $100,000 or more must file the required certification. See 2 C.F.R. Part 200, Appendix II,¶ I; 44 C.F.R. Part 18; PDAT Supplement, Chapter IV, 6.c; Appendix C, ¶4. c. Each tier certifies to the tier above that it will not and has not 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. Each tier must also 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. See PDAT Supplement, Chapter IV, ¶6.c and Appendix C, ¶4. d. The following provides a Byrd Anti-Lobbying contract clause: "Byrd Anti-Lobbying Amendment, 31 U.S.C. � 1352 (as amended) Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not 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 Page 45 406 covered by 31 U S.C. § 1352, Each tier shall also disclose any lobbying with'h rron-Fe der W funds that takes place in, connection with obtaining any, Federal award, Such disclosures are forwarded from tier tug tier up to the recipient-11 APPENDIX A44C.F.R, PART 18 — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooper alive Agreements (To be submitted with each bid or offer exceedingl $100"000) The undersigned [Contractor] certifies, to the best of his oi-fler knowledge, that, l, No Federall appropriated funds, have been paid or will be paid, by or or) behalf of the undersiignod, to any person for- influiencing or, attempting to influence art officer or employee of an agency, a Mernber of! Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal 11can,the entering irito of any cooperative agreement, and the extension, continuation, renewal, arnendiment, or modification olf any Federal contract, grant, loan, or cooperative agreement, 2 If any funds other than Federal appropriated funds have been, paid or will be, paid to any person for infl ue ncin g or attern pting to i nfl uence a n Officer or employee of any agency, a Member of Congress, an officer or ernployee of Congress, or an employee of a Member of Congress in corinection with this Federall coirtract, grant, loan, or cooperative agreement, the and ers,igned shaill complete and submit Standard Form- 111, "I isclos,ure Form to Repoil, Lobbying," in accordance with its, instructions. & The undersigned shafl require that the language of this, certification be included in the award docurnents for all suba wry ards at all tiers (including subcontracts, subgrants, and contracls under grants, loans, and cooperative, agreements) and that all subrecipierits, ;ball caftifyand dis(lose accordingly, This certification is, a material representation of' fact upon which rehance was placed when this trans,,a,ction was rnade or entered int�o. Submission of this certification is a prerequisite for making or enterIng into this transaction imposed by 31, U.&C. § 1352 (as amended by the Lobbying Ditclosure Act of 1995), Any person who fails to file the required certification stria)) be subject to, a civil penalty of not less than $10,000 and not more than $100,0100 for each such failure, The Contractor, j),Ajkijj certifies or affirms the truthfulness, and ac,curacy of leach stot ementof its certifitation and disclosure, if any- In addition, the Contractor understands, and agrees that the provisions of 31 U.S.C. § 3801 of seq., apply to this ce rtification a nd Ali SCIOSU re, if any ...................... Page 46, 407 1_121 Signature of gontractor's, Authorized f iaf d �I r Marne and f"ntle of C ontractor's Au.uthori ed OfficnaI i1piA fi,2021.......................................... l ate" 1 . Progurernernt of Recovered Materials, lic bj(l[q : This requirement applies to all FEMA graint and coo! erative agreement programs, b. A non-Federal entity that is a state agerncy or agency cif a political subdivisilbn of a state and fts contractors must comply ro ith ectiicn 60,02 of the Solid Waste to Disposal al :ct, l uutne L. No, qm (1965), (codified as ar nernded by the Resource Conservation and Recovery Act at 42 U.S.C_ '. _ 6 ). See ,F.l . fart , Appendix fli, J; .F.t , , 2 f ed, upplemerd, Chapter V, 17. c. The requirements of Section, 6002 irnclu le procuring only items designated in guidefines, of the EPA at 40, C.F.R. Part 247that ccritain the highne t percentage of recovered materials practicable„ consistent with rnaiintaininq a satisfactory level of competition, where the purchase price of the item eunceeds $10,0001 or the value of the quantity acquired by the preceding fiscal year exceeded t , ; procuring solid waste managlemernt services in a manner that maximizes energy and resource recovery; and establishing an affirmative procuTernernt prcgrairn for procurement of recovered materials identified in the EPA guidelines. d. Th p,Ldllowi ng p revides the clause that; p l!it E LI a�uil ivfs i n of _state and its ccntracte Ls, ,an include in contracts meeting the aka_Qve contract t;lnreshuiolds. "(1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are PA- designated iter na unless the product cannot be acquired— (j) Com,petifively Mthin a timefra ne (providing forcomplfance with the contract perfdrrrnance chednule; (di) t eetingcerntract performance requirements; or (iii) At, a reasonable price. ( ) Information about this requirement, along with the list of EPA- designate itermia, is available at Elµ °s Comprehensive Procurenmernt; Guidelines web, Me, lntltww 1WWff r'nIn�n�I an p� gy�r;r�eUlirn�.�wy �gw na tl> Page 47 408 11. Additional FEMA Requirements. a. The Uniform Rules authorize FEMA to require additional provisions for non- Federal entity contracts. FEMA, pursuant to this authority, requires or recommends the following: b. Changes. To be eligible for FEMA assistance under the non-Federal entity's FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. FEMA recommends, therefore, that a non-Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end-item procured. c. Access to Records. All non-Federal entities must place into their contracts a provision that all contractors and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing Department and FEMA access to records, accounts, documents, information, facilities, and staff. See DHS Standard Terms and Conditions, v 3.0, ¶XXVI (2013). d. The followinq provides a contract clause regarding access to records: "Access to Records. The followinq access to records requirements apply to this contract: (1) The contractor agrees to provide (insert name of state agency or local or Indian tribal government), (insert name of recipient), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract." 12. DHS Seal, Logo, and Flags. a. All non-Federal entities must place in their contracts a provision that a contractor Page 48 409 shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. See DHS Standard Terms and Conditions, v 3.0, ¶XXV(2013). b. The following provides a contract clause regarding DHS Seal, Logo, and Flags: "The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval." 13. Compliance with Federal Law, Regulations, and Executive Orders. a. All non-Federal entities must place into their contracts an acknowledgement that FEMA financial assistance will be used to fund the contract along with the requirement that the contractor will comply with all applicable federal law, regulations, executive orders, and FEMA policies, procedures, and directives. b. The following provides a contract clause regarding Compliance with Federal Law, Regulations, and Executive Orders: "This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives." 14. No Obligation by Federal Government. a. The non-Federal entity must include a provision in its contract that states that the Federal Government is not a party to the contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from thecontract. b. The following provides a contract clause regarding no obligation by the Federal Government: "The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract." 15. Program Fraud and False or Fraudulent Statements or Related Acts. a. The non-Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. b. The following provides a contract clause regarding Fraud and False or Fraudulent or Related Acts: "The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract." Page 49 410 Addlitional contract dauses per 2 C.F.R. , For applicable (� ru rtA tLli ao lr n!struw t rilu- r°uov tuo,ii and related services: A u ! , .... � uL nLm and � rnRc ..b�n�� fi �� r kNr d� �� °� rc percent f't contr��ric . ' r6rrnan b;-n .... is one executed [n connection rti"u w i � � � .. the contractor's contract to secure �uN�iiiN%nrin�t �� III h g. n alii ti�un aunu r uphcontract. r treat bond" is on e e ut��i �r� �u�ne��ti ru it u� r�tr t to assure _pyyme nt,,_gs...tqqL4ired b law,of all persons, supo4yiM is and antral in th mm..mm execution of thg work I provided in the contract, Oftror agrees to comply with all terms andconditions outlined in the e ii l Conditions, section of this sollicitation. Ofleror"s N s e: Daik:in'n Allpiiol ,��a°nit r ica low, A, dre q, City, State,e,quid Ziip ode:_1.::360 Gnit��serial I�Iark Boulevard; �kk���w���nanlui TM�I"��in�nesota 55441. _ Phone Number 763 5 3 35 Fax Number., Printed Name end TiVe of Auuiknl ri od R pdesentntive: NILQ � ti Crn8i] a idre '.uu uu j.-qkbst a.�'at i n r et uklu ari d i e, r enketi : jx--ii u`a:�...24t Ott ...... ....m_....... Page 50, 411 Appendix C, DOC # 6 QUESTIONNAIRE Please provide responses to the following questions that address your company's operations, organization, structure and processes for providing products and services. 1. Diversity Programs • Do you currently have a diversity program or any diversity partners that you do business with? ❑XYes ❑No (If the answer is yes, attach a statement detailing the structure of your program, along with a list of your diversity alliances and a copy of their certifications.) 2. Diverse Vendor Certification Participation Region 4 ESC encourages the use of under-utilized businesses (HUB), minority and women business enterprises (MWBE), and small and/or disadvantages business enterprises (SBE) both as prime and subcontractors. Offerors shall indicate below whether or not they and/or any of their subcontractors (and if so which) hold certification in any of the classified areas and include proof of such certification with their response. a. Minority Women Business Enterprise Respondent certifies that this firm is an MWBE ❑Yes X❑No List certifying agency: b. Small Business Enterprise (SBE) or Disadvantaged Business Enterprise (DBE) Respondent certifies that this firm is a SBE or DBE ❑Yes X❑No List certifying agency: c. Historically Underutilized Businesses (HUB) Respondent certifies that this firm is a HUB ❑Yes ❑X No List certifying agency: d. Historically Underutilized Business Zone Enterprise (HUBZone) Respondent certifies that this firm is a HUBZone ❑Yes ❑X No List certifying agency: e. Other Respondent certifies that this firm is a recognized diversity ❑Yes ❑X No certificate holder List certifying agency: 3. Has Offeror made and is Offeror committed to continuing to take all affirmative steps set forth in 2 CFR 200.321 as it relates to the Scope of Work outlined in this solicitation? ❑XYes ❑No Page 51 412 Appendix C ADDITIONAL REQUIRED DOCUMENTS DOC #1 Acknowledgment and Acceptance of Region 4 ESC's Open Records Policy DOC #2 Antitrust Certification Statements (Tex. Government Code § 2155.005) DOC #3 Implementation of House Bill 1295 Certificate of Interested Parties (Form 1295) DOC #4 Texas Government Code 2270 Verification Form DOC #5 Special Conditions DOC #6 Questionnaire DOC #7 For applicable construction/reconstruction/renovation and related services, a bid guarantee is required not less than five percent (5%) of the total bid. Surety shall provide a copy of the Power of Attorney authorizing the Executing Agent the authority to execute the bid bond documents and bind the Surety to the bid bond conditions. The bid bond shall have a corporate Surety that is licensed to conduct business in Texas and authorized to underwrite bonds in the amount of the bid bond. For the purposes of this solicitation, the total bid is to be $60,000,000. ,3ee Il oin° l IIeiteir on I:�fl1fAAMuIg II°Dages Page 30 413 H U Chubb 0(312)775-7874 525 W.Monroe,Ste 700 M(312)273-0790 Chicago, IL 60661 USA March 18, 2020 Region 4 Education Service Center 7145 West Tidwell Road Houston, TX 77092 Subject: Daikin Applied Americas, Inc. - Region 4ESC HVAC 20-04 RFP To Whom It May Concern: Federal Insurance Company, a corporation under the laws of the State of Indiana, with an office and place of business at 202B Hall's Mill Road, Whitehouse Station, NJ 08889, represents Daikin Applied Americas, Inc. for surety bonding needs. At the present time, Daikin Applied Americas, Inc. is in a position to consider single projects up to $60,000,000 within an aggregate limit of$100,000,000. The statement of these values is neither a commitment nor a limitation of the bonding capacity of Daikin Applied Americas, Inc. At the request of Daikin Applied Americas, Inc., Federal Insurance Company will give favorable consideration to providing the required performance and payment bonds. Please note that the decision to issue performance and payment bonds is a matter between Daikin Applied Americas, Inc.. and Federal Insurance Company and will be subject to our standard underwriting at the time of the final bond request, which will include but not limited'to the acceptability of the contract documents, bond forms, and financing. We assume no liability to Daikin Applied Americas, Inc., third parties or to you if for any reason we do not execute said bonds. If you have any questions or need addition information, please do not hesitate to contact me. Sincerely, C. A sL� Schnei _r,,Attorney-In-Fact Federal Insurance Company A++ Rating by A.M. Best, Financial Size Category XV LO LJ E1�1 ' Power of Attorney Federal insurance company I Vigilant insurance Company I Pacific Indemnity Company Know All by These Presents,That FEDERAL INSURANCE COMPANY.an Indiana corporation,VIGILANT INDF-%INITY COMPANY. a Wisconsin corporation. dip each hereby constitute and appoint Pamela A"'DRAC'COMPANY�Q Nell York corporation,and PACIFIC e zebra Beelman, Cynthia L, Cl Brittany D. Stuckel, JoAnn R.Frank,Sandra L,Ham,Leah L Juenger,Heidi A.Notheisen,Karen L. older and ebr C.Schneider of St.Louis,Missouri ...... each as Rheir true and lawfulintorney-inTata to execule under such desigration in their names and 10 affix flavir corporate scab if)anal defi%cr for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings oblignory in the nauire thereof(other than ball bsmdsH given or executed in the course of business.and a ' Instruments amending or altering the same.and consents 10 the modification orafteration ofaiij Instrument referred to In said bonds err obligations to% In fflutess Whereof.said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 22"dal 017july,2019. I I Ihn LIteal-7 ............................I.............. TILY % ro,-45cm: HOW), (00 STATE OF NEIVIERSEY Counlytififiamerikon 55 On this 2211 day of July,2019,before me,a%atar) Public of New Jerso).perstartalto came Dawn%I Chlorus.10 rue known in be Assellam Secretary of FEDERAL I%St P.A\CE CO,%IPANY,VIGIL-kN7 INSURANCE COMPANY,and PACIFIC INDEMNITY Co. Chloriss.being Raj me duly swurn.did depose and say that silo is Rile Companies"fuch exectned the foregoing PulAer of-lillorne) and the said Dj%R-n It I\'DE%I\ITVCa\ffRA\'y Secretary of FEDERAL I\S�RANCE COMPANI',ll IGILANT INSURANCE Coloff,%.NY,and PACIFIC and knims the corporate seals thereof that the seals affixed to the foregoing Power of Attorney are such corporate seals and were dreriato of by authority cif said Companies,and that sliCsigned said Power of Attorney its AS-031ant Secretary of said Calopanles In like autluaflq;and that site is acquainted with Stephen Ilancy,andlonnyt-,him In he Vice!'resident(if said Companies:and that 111csigh3lure ofSteplacla 44 Haney subscribed tosald In the geoulne handwriting or Stephen If I hiney.and vs as thereto subscribed by authority of said Companies and in depuntent El presence j Nularial Seal RMECURM NOTARYMAXIEFfasaMM "I 5110124M Resolution'adopted by the Boards ofDireciors ofFFDERAL MR. CERTIFICATION R,VNt:F(:(PjREjxsVamj 'RESOILVIED,that the EallaA jog,nrthcrE72dOft5 scram to one execution,fix and On behalf Ofthe Coahsa%,of bonds.undertakings."nizalam..ciannocis and other unnen con e intainteris cat th (erica a' (D Lich of the charnian.Rile Ih!svdcnl and the%wr Presidosts Of tile CAUnfoany is hereby authoo-ozed to ewcuw any written CortionornoW furand Pro behallofflie l'osinjoarn,tumfer the seat of tile Lurnparn jaihnmele 121 End,duh-aptinorowd artarney nb hu-I Of the("Ontraw z Ittirehy aintionzed to execute any tarazen('Dltmlutrrwni for and not behalf Of the rAflnl:ao)�under the%eal car the(:Rntjtjhy or Olhomise.to flie extent that inch action as authorized by ihe grant flipcgen promded for a,such perwrils u mien apronninterit as such anornes on-lart. (3) Each of the Cinivissac the plonda.At'L,,Id ffie,tj,,prosadews uf the CoarlijanI,is her to,Fla Of the Onnriany Aidt Rolf plsc CbY authoriled.rut and on bet"nod"al the(�`tufnojayd to ahoinna in%Filing lull.person the anurne.3- Each%trinen rnmorinurvilis of tile led in latchAnnen apis sine nivin,t%hich specification irmy be by general I)Pe or cLm of la truest COrni cur men's or by sisexaficautio of one or more pamiatior CANTIEPan)as Rut)he sisenr r;"Ed ED exectric far and on b&jIf cathe ranorlany under tile sent Ofthe Connpan�or odiemrqe�5 (4) Each of the Chao an.lite President arid 0,17%Ice Presidents of the Company a hereby authorized,for and an belaoffelfille CaOir"n).to delorlaw,in%%nung to any riEller liffirearof the l."i mpail)the duillmly.to execule.far and an behalf of she urnpans under the rustilhun 9$tat Of lAher%tw-such Written Cat tnrcut rrenjlm of the oconts,rl as arc sneinned In buch onven dr.Eciajau,n,%jam qwcolicallan m1i he ho general qTWnr ELLU of VEnnen ouralturaleas or li %rocifiesunn Orono nrmtc nancular vomicit (3) The,Mature ofanj offierr or other ravrsan rKElcuring a%vo rinen camosetruent or appointment or delegation 1`141511ant to this Resolution.and thelc.j ur tile Compalls muylsaaffixedb% FIRT HER AFSOME) that the funamilnot Resolution shall riot 115v deemed to be,an cloclon"a sear rot of Rho powers and allrb,,ly ufaekers.complo)coo and ofilr.r PCs wns;lic act[Dr and an hoth&of I.Dawn It Chfuros,Assistant Secretary of FEVER 11.I\SI j RINCE COMPANY.VIGILANT INSURANCE COMPANY,and PACIFIC IN'DE%I MTY CQ%lpA\j(the'Companies")do hereby cenil`3 that rb the foregoing Resnludnns adapted by Ilse Board ifmirectar3 0171h,Companies are true,correct and in hit farce and effect, lah the foregoing[lower or Inertial.is I- . rue correct and in hill force and effect Gatin under in)hand and seals Ofsald Companies at%%laftehause Statjorr_%j.this 18th day of March 0,00 yf)- ................. ..................... FED-VIE34'ji'rev cfl d Document A310TM - 2010 Conforms with The American Institute of Architects AIA Document 310 Bond Number: 75533-Chubb-20-O6 Bid Bond CONTRACTOR: SURETY: (Name,legal status and address) (Nance,legal status and principal place of business) Daikin Applied Americas Inc. Federal Insurance Company 13600 Industrial Park Boulevard 2028 Halls Mill Road Minneapolis,MN 55441 Whitehouse Station,NJ 08889-3454 This document has important legal State of Inc: Indiana OWNER: consequences. Consultation with(Nacre,legal status and address) an attorney is encouraged withrespect to its completion or Region 4 Education Service Center modification, 7145 West Tidwell Road Houston,TX 77092 Any sing0ar reference to Contractor,Surety, Owner or other party shall be considered BOND AMOUNT: Five Percent of Amount Bid(5%) plural where applicable,. PROJECT: (Name,location or address,and Project number, ifany) HVAC Equipment,Installation,Service&Related Products The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material fumished in the prosecution thereof,or(2)pays to the Owner the difference, not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect, The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 18th day of March 2020 Dalkin Applied Americas Inc.. (witness) (Principal) (Seal) (ride) .�._ .,................. Federal Insurance Cam .,. S pan i tY) - (Seal) .w .. atness) Tittle) De ra C.Schneider,Attorney in Fact ti d State of Missouri County of St,Louis } ss: On March 18, 2020 ,before me,,a Notary Public in and for said County and State,residing therein,duly commissioned and sworn,personally appeared Debra C. Schneider known to me to be Attorney-in-Fact of Federal Insurance Company the corporation described in and that executed the within and foregoing instrument,and(mown to me to be the person who executed the said instrument in behalf of the said corporation,and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year stated in this certificate above. In- My Commission Expires September 16,202s Brittany D.Stucker " Notary Public LITT Y D. Tl1EL Notary Public, Notary Seal 23 State f Missouri t. Louis County Commission 15 Comisln Ex Ices -1 - 0 00 U E3 E3' T— Power of Attorney Federal Insurance any rNig'la nt insurance Company d Pacific Indemnity Company Know AR by Them Presents,That FEDERAL INSURANCE COMPANY.an Indiana corporation,VIGILANT INSURANCE COMPANt a New York corporation.and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation. do each hereby constitute and appoint Pamela A. Beelman, Cynthia L. Choren, Brittany D. Stuckel, JoAnn R.Frank,Sandra L.Ham,Leah L.Juenger,Heidi A.Nothelsen,Karen L.Roider and Debra C.Schneider of St.Louis,Missouri— each as their true and lawful Affurneyrin'Fact 10 execute under such designation In their names and to affix their corporate seals to and deliver for and an their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory In the nature thereof(other than ball bonds)given or executed in the course cil'business,and any instruments amendingor altering the same,and consents to the modification or alteration of any Instrument referred to In said bonds orobligations. In WItness WhereoL said FEDEM INSURANCE COMPANY.VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 221d day ofJuly,2019. [lawn.%] ........................................................................................................................................................................................................................................ SN141w.14 tl Haney,Vice IlmsIdLin *0o *(0 a STATE OF NEW JERSEY County of"unterdon On this 22M day of July.2019,before me,a Notary Public or New Jersey,personally came Dawn M.Chloros,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY.VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M. Chluros,being by me duly swum,did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies:and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that she Is acquainted with Stephen M. Haney,and knows him to be Vice President of said Companlest and that the signature of Stephen M.Haney,subscribed to said Power or Attorney Is In the genuine handwriting of Stephen M.Haney,and was thereto subscribed by authority of said Companies and in deponent's presence, Notarial Seal ROSE cu"M %cnar)Public CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August30,2016: 'RESOLVED.that the following authorizations relate to the execution.for and on behalf of the Company.of bonds.undertakings,rectignIzatices.contracts and other written commitments of the Company entered Into In the ordinary course orbusiness(each a'Wrinen commitment"): (1) Each at the Chairman.the Pr W- dent and the vice Presidents of the Company is hereby authorized to execute any Written Commitment fur and on behalf tifthe Company,under the seal of the Company or otherwise. (Z Each duly appointed attorney-in-lact of the Company is hereby authorized to execute any Written commitment for and on behalf or the Company,under the seal of the company or uthemim-lo the extent that such action is authorized by the grant of powers provided for in such fiLrsowswimen appointment as such alromLy-In-lam (31 Each of the Chairman,the president and the Vice Presidents or the Company is hereby authorized,for and on beftall'oftheCumpany tDappOinj In Willing any rierson the attorney In-fact of the Company with full power and authority to execute,for and on behalf of the Company,under the seal of the Company orutherwise.such written commitments Of the Company as may be specified In such Written appointment.which spedfication may be by general type or class of Written Commitments or by stwc1fication of one or more particular Written Commitments. (4) Each Of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the company,to delegate in writing to any other officer of the Company the authority to execute,for and on behalf of the Company,under the Company's seal or otherwise.such Written Commitments Of the Company as are specified in such written delegation,which specification may k-by general type or class of Written Commitments or by stiedficalkin of one or more particular Written Commitment& 151 The igutureof any ufficer or other person emcming any Written Commitment or appointment or delegation pursuant to this Resolution.and the seal of the Company,may be affixed by facsimile on such Written Commitment or written appointment or deleption. FURTHER RESOLVED. that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers.employe and other persons to act for and on behalf of 1heCompany,and such Resolution shall not limit or otherwise alien theenerclse:urany such poweror authority otherwise%-Alldlygramed or wsmV 1.Dawn M.Chkiras,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the"Companies")do hereby certify that (I) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and In full force and effect, (fl) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station,NJ,this 18th day of MarcIN 711E h, 2020. [khan t1,.i:°'huhwxii.sl.•aistant5ctnny:u} ;II TO VERIFY=ALM IMCM OF III US BON`D--0-R-N-9-71-F`YU-S-0-F ANY O-nlER rAlArTrETX PLEASE'COwNTAcIr US A-ITI-- biloorn FED•VIG-PI(ray 08-18) / DA IIIF #KIN Offeror's Company Name Daikin Applied Americas Inc. Solicitation Name HVAC Equipment, Installation , Service, & Related Products Solicitation Number 20-04 Tab 419 DAIKIN APPLIED AMERICAS INC. Terms & Conditions of to expand Company's obligation beyond the terms of this express warranty,or to Sale(North America) state that the perforrnance of any product is other than is published by Company. Company roust receive a startup Registration Form for products containing motor 1. Terms of Agreement: The term "Company' as used herein shall mean compressors and/or furnaces within ten(10)days of original product startup,or Daikin Applied Americas Ina Company offers to sell the materials,equipment the startup date and ship date will be deemed the same for warranty period or services indicated only under the terms and conditions stated herein. determination,and the warranty shall expire twelve(12)months from that date. Submittal of any further purchase documents by Buyer,or execution of this offer 11.Warranty Exclusions: Company's warranty set forth in section 10 does not by Buyer, or allowing Company to commence work, shall be deemed an apply to any products or parts which (a) have been opened, disassembled, acceptance of this offer. Any additional or differing terms and conditions repaired, or altered by anyone other than Company or its authorized service contained on any documents prepared or submitted by Buyer (whether or not representative; or (b) have been subjected to misuse, negligence, accidents, such terms materially alter this offer)are hereby rejected by Company and shall damage, or abnormal use or service; or (c) have been operated, installed, or not become part of the contract between Buyer and Company unless expressly startup has been provided in a manner contrary to Company's printed consented to in writing by Company. instructions,or(d)were manufactured or furnished by others and which are not an integral part of a product manufactured by Company. Refrigerants,fluids, 2. Price Policy: All prices are subject to increase upon notice, due to such oils and expendable items such as filters are not covered by Company's warranty. events as announced increases in the Company's list prices,or increases in labor For additional consideration Company will provide an extended warranty(ies)on or material costs. certain products or parts thereof. The terms of any extended warranty(ies) are 3. Terms of Payment: Terms of payment are subject at all times to prior shown on the product limited warranty certificate or on a separate extended approval of the Company's credit department. Terms of payment are net 30 days warranty statement. from date of invoice,unless otherwise agreed to in writing by Company. If at 12.Limitation on Liability;Indemnity:Company's liability with respect to the any time the financial condition of Buyer or any other circumstance affecting the products sold hereunder shall be limited to the warranty provided in section 10 credit decision does not, in Company's opinion, justify continuance of hereof, and shall not exceed the lesser of(a)the cost of repairing or replacing production of products or shipment of products on the terns of payment defective products, or (b) the original purchase price of the products. IN NO specified,Company may require full or partial payment in advance,or may at its EVENT AND UNDER NO CIRCUMSTANCES SHALL COMPANY BE sole discretion stop or delay production or shipment of products. hi the event of LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, CONTINGENT OR default in payment, Buyer agrees to pay all costs of collection incurred by CONSEQUENTIAL DAMAGES,WHETHER THE THEORY BE BREACH OF Company, including but not limited to, collection agency fees, attorneys' fees, THIS OR ANY OTHER WARRANTY, NEGLIGENCE OR STRICT legal expenses and court costs. All past due amounts shall bear interest at the LIABILITY IN TORT. highest rate allowed by law. 13.Infringement: Company will,at its own expense,defend any suits that may 4. Shipping Terms: All shipments will be made F.O.B. factory or warehouse be instituted by anyone against Buyer for alleged infringement of any valid with freight prepaid and allowed as quoted via a low cost common carrier,and United States patent, trademark or copyright in existence on the date of this charges for special carrier services requested by Buyer shall be paid by Buyer. contract relating to any products sold hereunder that are manufactured by Company may ship the goods in one or more lots; such lots may be separately Company,provided Buyer(i)shall have made all payments then due hereunder, invoiced and shall be paid for when due per invoice, without regard to (ii)shall give Company immediate notice in writing of any such suit and transmit subsequent deliveries. Delay in delivery of any lot shall not relieve Buyer of its to Company immediately upon receipt all processes and papers served upon obligation to accept remaining deliveries. Buyer,and(iii)shall permit Company,either in the name of Buyer or the name 5. Claims: Responsibility of Company for all shipments ceases upon delivery of of Company, to defend the same and give Company all needed information, the goods to the carrier; and regardless of shipping terns or freight payment, assistance and authority to enable it to do so. If such products are in such suit Buyer shall bear all risk of loss or damage in transit. Any claims for damage or held in and of themselves to infringe any such patent,trademark or copyright, shortage in transit roust be filed by Buyer against the carrier,and not Company. Company will pay any final award of damages in such suit to the extent Claims for factory shortages will not be considered unless made in writing to attributable to such infringement. Notwithstanding the foregoing,Company shall Company within ten (10) days after receipt of the goods and accompanied by not be responsible for any settlement made without its written consent, or for reference to Company's bill of lading and factory order numbers. infringements of combination or process patents covering the use of the products 6. Taxes: The amount of any present or future taxes applicable to the product in combination with other goods not furnished and manufactured by Company. shall be added to the price contained herein and paid by Buyer in the same 14. Disputes and Choice of Law: This contract and these Terns and manner and with the same effects as if originally added thereto. Conditions of Sale shall constitute the entire agreement between Company and 7. Cancellations: Accepted orders are not subject to cancellation without Buyer and shall be governed by and construed according to the laws of the State Company being(a)reimbursed for any and all expenses(including overhead),(b) of Minnesota. All claims,disputes,and controversies arising out of or relating to paid a reasonable profit,and(c)indemnified by Buyer against any and all loss. this contract,or the breach thereof,shall,in lieu of court action,be submitted to arbitration in accordance with the Commercial Arbitration Rules of the American 8. Shipment Dates: Shipment dates are only estimates. No contract has been Arbitration Association(`AAA"),and any judgment upon the award rendered by made to ship in a specified time,unless set forth in a separate writing signed by the arbitrator(s)may be entered in any court having jurisdiction thereof. The site an officer of Company. Company shall not be liable for any damage as a result of the arbitration shall be Minneapolis, Minnesota, unless another site is of any delay or failure to deliver due to disapproval of Company Credit mutually agreed between the parties. The parties agree that any party to the Department or due to any cause beyond Company's reasonable control,including arbitration shall be entitled to discovery of the other party as provided by the without limitation, any act of God, act of Buyer, governmental act, accident, Federal Rules of Civil Procedure; provided, however, that any such discovery labor unrest, delay in transportation, or inability to obtain necessary labor, shall be completed within four (4) months from the date the Demand for materials or manufacturing facilities. Arbitration is filed with the AAA. 9. Returns: Goods may not be returned unless Buyer obtains the advance 15.Canada: The parties hereto confirm that it is their wish that this contract be written permission of an authorized Company official,and when so returned will drawn up in the English language only;les parties aux pr6sentes confirment leur be subject to handling and transportation charges. Authorized returned goods volont6 que cc contrat soitr6dig6 en langue anglaise settlement. roust be shipped prepaid to the location designated by the authorization. 10.Limited Warranty:Subject to sections 11 and 12 herein,Company warrants that it will,at its option,repair or replace defective parts in the event any product manufactured by Company, sold hereunder and used in the United States or Canada,proves defective in material or workmanship within twelve(12)months from initial start-up,or eighteen(18)months from date of shipment,whichever period expires sooner. Replaced parts are warranted for the duration of the original warranty period.THIS WARRANTY CONSTITUTES BUYER'S SOLE REMEDY. IT IS GIVEN IN LIEU OF ALL OTHER WARRANTIES. THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No liability shall attach to Company until Company has been paid in full for all products purchased hereunder. No person (including any agent,sales representative,dealer or distributor)has the authority Form No.2F-1216(06/14)English&French 420 Section 1. E ual Em to ment O ortunit Polic Statement ,- (41 CFR 60-741.44(a))and (41 CFR 60-300.44(a)) Daikin Applied - Plymouth is committed to providing equal employment opportunity to all applicants and employees regardless of their race, creed, color, religion, gender, age, national origin, disability, military service, protected veteran status, genetic information, sexual orientation, gender identity, transgender status, or any other characteristic protected by federal, state or local law. We are strongly committed to this policy and believe in the concept and spirit of the law. Daikin Applied - Plymouth is further committed to ensuring that employment decisions are based on valid job requirements. In addition, all employment actions, such as recruiting, hiring, training,,promotion, compensation, benefits, transfers, layoffs and termination are administered fairly to all persons on an equal opportunity basis, without discrimination on the basis of protected categories named above. Daikin Applied - Plymouth will also provide qualified applicants and employees with disabilities any needed reasonable accommodations, as required by law. Daikin Applied - Plymouth will not tolerate employees and applicants to be subjected to harassment, intimidation, threats, coercion or retaliation because they engaged or may engage in filing a complaint or assisted in a review, investigation or hearing related to any federal, state or local law requiring equal employment opportunity; or because they opposed any act deemed unlawful. The Chief Executive Officer supports this affirmative action program and has appointed Lynn Doboszenski, Representative- Human Resource as Daikin Applied - Plymouth's EEO Coordinator. The EEO Coordinator's responsibilities include implementing an internal audit and reporting system to monitor and measure the effectiveness of Daikin Applied - Plymouth's equal employment opportunity efforts and report to executive management on this and any needs for remedial action. Daikin Applied - Plymouth maintains affirmative action plans for minorities, women, individuals with disabilities and protected veterans. Any questions regarding these plans or the company's equal opportunity policy should be directed to the EEO Coordinator who is responsible for the implementation of the plan. All employees are responsible for supporting the concept of equal employment opportunity and affirmative action, and assisting and cooperating in meeting our plan goals. If you wish to view the plans for protected veterans and individuals with disabilities, contact Lynn Doboszenski during normal business hours and arrangements will be made for the areas of the plan available for inspection under the law. 421 DAIKIN APPLIED AMERICAS INC. Terms & Conditions of Sale (North America) 1. Terms of Agreement: The term "Company" as used herein shall mean Daikin Applied Americas Inc. Company offers to sell the materials, equipment or services indicated only under the terms and conditions stated herein. Submittal of any further purchase documents by Buyer, or execution of this offer by Buyer, or allowing Company to commence work, shall be deemed an acceptance of this offer. Any additional or differing terms and conditions contained on any documents prepared or submitted by Buyer (whether or not such terms materially alter this offer) are hereby rejected by Company and shall not become part of the contract between Buyer and Company unless expressly consented to in writing by Company. 2. Price Policy: All prices are subject to increase upon notice, due to such events as announced increases in the Company's list prices, or increases in labor or material costs. 3. Terms of Payment: Terms of payment are subject at all times to prior approval of the Company's credit department. Terms of payment are net 30 days from date of invoice, unless otherwise agreed to in writing by Company. If at any time the financial condition of Buyer or any other circumstance affecting the credit decision does not, in Company's opinion,justify continuance of production of products or shipment of products on the terms of payment specified, Company may require full or partial payment in advance, or may at its sole discretion stop or delay production or shipment of products. In the event of default in payment, Buyer agrees to pay all costs of collection incurred by Company, including but not limited to, collection agency fees, attorneys' fees, legal expenses and court costs. All past due amounts shall bear interest at the highest rate allowed by law. 4. Shipping Terms: All shipments will be made F.O.B. factory or warehouse with freight prepaid and allowed as quoted via a low cost common carrier, and charges for special carrier services requested by Buyer shall be paid by Buyer. Company may ship the goods in one or more lots; such lots may be separately invoiced and shall be paid for when due per invoice, without regard to subsequent deliveries. Delay in delivery of any lot shall not relieve Buyer of its obligation to accept remaining deliveries. 5. Claims: Responsibility of Company for all shipments ceases upon delivery of the goods to the carrier; and regardless of shipping terms or freight payment, Buyer shall bear all risk of loss or damage in transit. Any claims for damage or shortage in transit must be filed by Buyer against the carrier, and not Company. Claims for factory shortages will not be considered unless made in writing to Company within ten (10) days after receipt of the goods and accompanied by reference to Company's bill of lading and factory order numbers. 6. Taxes: The amount of any present or future taxes applicable to the product shall be added to the price contained herein and paid by Buyer in the same manner and with the same effects as if originally added thereto. 7. Cancellations: Accepted orders are not subject to cancellation without Company being (a) reimbursed for any and all expenses(including overhead), (b) paid a reasonable profit, and (c)indemnified by Buyer against any and all loss. 8. Shipment Dates: Shipment dates are only estimates. No contract has been made to ship in a specified time, unless set forth in a separate writing signed by an officer of Company. Company shall not be liable for any damage as a result of any delay or failure to deliver due to disapproval of Company Credit Department or due to any cause beyond Company's reasonable control, including without limitation, any act of God, act of Buyer, governmental act, accident, labor unrest, delay in transportation, or inability to obtain necessary labor, materials or manufacturing facilities. 9. Returns: Goods may not be returned unless Buyer obtains the advance written permission of an authorized Company official, and when so returned will be subject to handling and transportation charges. Authorized returned goods must be shipped prepaid to the location designated by the authorization. 10. Limited Warranty: Subject to sections 11 and 12 herein, Company warrants that it will, at its option, repair or replace defective parts in the event any product manufactured by Company, sold hereunder and used in the United States or Canada, proves defective in material or workmanship within twelve (12) months from initial start-up, or eighteen (18) months from date of shipment, whichever period expires sooner. Replaced parts are warranted for the duration of the original warranty period. THIS WARRANTY CONSTITUTES BUYER'S 422 SOLE REMEDY. IT IS GIVEN IN LIEU OF ALL OTHER WARRANTIES. THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No liability shall attach to Company until Company has been paid in full for all products purchased hereunder. No person (including any agent, sales representative, dealer or distributor) has the authority to expand Company's obligation beyond the terms of this express warranty, or to state that the performance of any product is other than is published by Company. Company must receive a startup Registration Form for products containing motor compressors and/or furnaces within ten (10) days of original product startup, or the startup date and ship date will be deemed the same for warranty period determination, and the warranty shall expire twelve(12)months from that date. 11. Warranty Exclusions: Company's warranty set forth in section 10 does not apply to any products or parts which (a) have been opened, disassembled, repaired, or altered by anyone other than Company or its authorized service representative; or (b) have been subjected to misuse, negligence, accidents, damage, or abnormal use or service; or (c) have been operated, installed, or startup has been provided in a manner contrary to Company's printed instructions, or (d)were manufactured or furnished by others and which are not an integral part of a product manufactured by Company. Refrigerants, fluids, oils and expendable items such as filters are not covered by Company's warranty. For additional consideration Company will provide an extended warranty(ies)on certain products or parts thereof. The terms of any extended warranty(ies) are shown on the product limited warranty certificate or on a separate extended warranty statement. 12. Limitation on Liability; Indemnity: Company's liability with respect to the products sold hereunder shall be limited to the warranty provided in section 10 hereof, and shall not exceed the lesser of (a) the cost of repairing or replacing defective products, or (b) the original purchase price of the products. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, CONTINGENT OR CONSEQUENTIAL DAMAGES, WHETHER THE THEORY BE BREACH OF THIS OR ANY OTHER WARRANTY, NEGLIGENCE OR STRICT LIABILITY IN TORT. 13. Infringement: Company will, at its own expense, defend any suits that may be instituted by anyone against Buyer for alleged infringement of any valid United States patent, trademark or copyright in existence on the date of this contract relating to any products sold hereunder that are manufactured by Company, provided Buyer(i)shall have made all payments then due hereunder, (ii)shall give Company immediate notice in writing of any such suit and transmit to Company immediately upon receipt all processes and papers served upon Buyer, and (iii)shall permit Company, either in the name of Buyer or the name of Company, to defend the same and give Company all needed information, assistance and authority to enable it to do so. If such products are in such suit held in and of themselves to infringe any such patent, trademark or copyright, Company will pay any final award of damages in such suit to the extent attributable to such infringement. Notwithstanding the foregoing, Company shall not be responsible for any settlement made without its written consent, or for infringements of combination or process patents covering the use of the products in combination with other goods not furnished and manufactured by Company. 14. Disputes and Choice of Law: This contract and these Terms and Conditions of Sale shall constitute the entire agreement between Company and Buyer and shall be governed by and construed according to the laws of the State of Minnesota. All claims, disputes, and controversies arising out of or relating to this contract, or the breach thereof, shall, in lieu of court action, be submitted to arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), and any judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The site of the arbitration shall be Minneapolis, Minnesota, unless another site is mutually agreed between the parties. The parties agree that any party to the arbitration shall be entitled to discovery of the other party as provided by the Federal Rules of Civil Procedure; provided, however, that any such discovery shall be completed within four (4) months from the date the Demand for Arbitration is filed with the AAA. 15. Canada: The parties hereto confirm that it is their wish that this contract be drawn up in the English language only; les parties aux presentes confirment leur volonte que ce contrat soit redige en langue anglaise seulement. 423 DAIKIN APPLIED AMERICAS INC. d/b/a Daikin Applied TERMS & CONDITIONS 1. This Standard Service Proposal or Maintenance Agreement (hereinafter sometimes referenced as "Agreement"), upon acceptance by the Customer, is made solely on the terms and conditions hereof, notwithstanding any additional or conflicting conditions that may be contained in any purchase order or other form of Customer, all of which additional or conflicting terms and conditions are hereby rejected by Daikin Applied. Further, you acknowledge and agree that any purchase order issued by you in accordance with this Agreement will only establish payment authority for your internal accounting purposes. Any such purchase order will not be considered by us to be a counteroffer, amendment, modification, or other revision to the terms of this agreement. No waiver, alteration or modification of the terms and conditions herein shall be valid unless made in writing and signed by an authorized representative of Daikin Applied. 2. This Maintenance Agreement or Standard Service Proposal is subject to acceptance by the Customer within 30 days from date show on the quote, unless specified otherwise. Prices quoted are for services, labor,and material as specified in this Proposal. If acceptance of this Maintenance Agreement or Standard Service Proposal is delayed or modified, prices are subject to adjustment. 3. Terms of payment are subject at all times to prior approval of Daikin Applied's credit department. Terms of payment are net due upon receipt of invoice unless previously otherwise agreed in writing. Should payment become more than 30 days delinquent, Daikin Applied may stop all work under this Agreement or terminate this Agreement with five(5)days written notice to Customer. Daikin Applied reserves the right to add to any account outstanding more than 30 days interest at 1 %%per month or the highest rate allowed by law. In the event of default in payment,Customer agrees to pay all costs of collection incurred by Daikin Applied including, but not limited to, collection agency fees, attorney fees and court costs. Additional services may be performed upon request at a price to be determined,subject to these Terms and Conditions. 4. In the event that Daikin Applied determines, during the first thirty (30) days of any Maintenance Agreement or upon seasonal start-up (discovery period) that any equipment covered under this Agreement in need of repair and/or replacement, Daikin Applied shall inform Customer of the equipment condition and remedy. Daikin Applied shall not be responsible for the present or future repair and/or replacement or operability of any specific equipment; until such time as the equipment is brought up to an acceptable condition or the Customer removes the unacceptable system(s), component(s),or part(s)from this contract. 5. Any Maintenance Agreement price is subject to adjustment once each calendar year,effective on the anniversary date,for changes in labor, subcontractor and material costs. The customer shall receive forty-five (45)days prior written notice of such adjustment unless specifically excluded otherwise in writing. 6. A Maintenance Agreement may be terminated: (i) by either party upon the anniversary date hereof; provided however, that written notice of such termination must be given to the non-terminating party at least thirty (30) days prior to the anniversary date; (ii) by Daikin Applied upon five (5) days prior written notice to Customer, in the event that any sums or monies due or payable pursuant to this Agreement are not paid when due or in the event that additions, alterations, repairs or adjustments are made to the system or equipment without Daikin Applied's prior approval; (iii) by either party, in the event that the other party commits any other material breach of this Agreement and such breach remains uncured for ten (10) business days, after written notice thereof. If a Maintenance Agreement is terminated for any reason, other than a material breach by Daikin Applied, Customer shall pay, in addition to all sums currently due and owing,the entire remaining balance due for the term of the Maintenance Agreement, or an amount equal to time and materials expended for the year,whichever is less. Notices required hereunder shall be sent via Certified U.S. Mail,Return Receipt Requested and provided that such notice is postmarked by the required date,such notice shall be deemed properly given. 7. Unless Customer provides appropriate documentation of tax exemption,Customer shall pay Daikin Applied, in addition to the contract price,the amount of all excise, sales, use, privilege, occupation or other similar taxes imposed by the United States Government or any other National, State or Local Government, which Daikin Applied is required to pay in connection with the services or materials furnished hereunder. Customer shall promptly pay invoices within 30 days of receipt. Should payment become more than 30 days delinquent, Daikin Applied may stop all work under this Agreement or terminate this Agreement as provided in the next paragraph. 8. Any and all costs, fees and expenses arising from or incurred in anticipation of any federal, state, county, local or administrative statute, law, rule, regulation or ordinance (collectively "Governmental Regulations") directly or indirectly requiring that refrigerant other than the type of refrigerant currently being utilized in connection with the equipment subject to this Agreement be used, shall be borne solely by Customer. In this regard, Daikin Applied shall not be required to bear any expense in connection with the modification, removal, replacement or disposal of any refrigerant in response to any Governmental Regulation designed to reduce or eliminate the alleged environmental hazards associated with the refrigerant. 9. The contract price stated herein is predicated on the fact that all work will be done during regular working hours of regular working days unless otherwise specified. If for any reason Customer requests that work be performed other than during 424 regular working hours or outside the scope of services specified hereunder, Customer agrees to pay Daikin Applied any additional charges arising from such additional services, including but not limited to premium pay, special freight or other fees or costs associated therewith. 10. Customer shall be responsible for all costs, expenses, damages, fines, penalties, claims and liabilities associated with or incurred in connection with any hazardous materials or substances, including but not limited to asbestos, upon, beneath, about or inside Customer's equipment or property. Title to,ownership of,and legal responsibility and liability for any and all such hazardous materials or substances,shall at all times remain with Customer. Customer shall be responsible for the removal, handling and disposal of all hazardous materials and substances in accordance with all applicable Governmental Regulations. Customer shall defend, indemnify, reimburse and hold harmless Daikin Applied and its officers, directors, agents, and employees from and against any and all claims, damages, costs, expenses, liabilities, actions, suits, fines and penalties(including without limitation,attorneys'fees and expenses)suffered or incurred by any such indemnified parties, based upon,arising out of or in any way relating to exposure to,handling of,or fees and expenses)suffered or incurred by any such indemnified parties, based upon, arising out of or in any way relating to exposure to, handling of, or disposal of any hazardous materials or substances, including but not limited to asbestos, in connection with the services performed hereunder. Daikin Applied shall have the right to suspend its work at no penalty to Daikin Applied until such products or materials and the resultant hazards are removed. The time for completion of the work shall be extended to the extent caused by the suspension and the contract price equitably adjusted.Daikin Applied reserves the right to engage others in a subcontractor status to perform the work hereunder. 11. Customer agrees to provide Daikin Applied personnel with the usual required utilities (water, electricity, compressed air, etc.)and special tools and equipment normally used for such services unless restricted specifically in the quote. Customer agrees to ensure that sufficient service access space is provided. Daikin Applied shall not be held liable for failure or damage to any equipment caused by power interruptions,single phasing,phase reversal,low voltage,or other deficiencies beyond the control of Daikin Applied. 12. This agreement does not include responsibility for design of the system (unless specifically included), obsolescence, electrical power failures,low voltage,burned-out main or branch fuses, low water pressure,vandalism,misuse or abuse of the system(s) by others (including the Customer), negligence of the system by others (including the Customer), failure of the Customer to properly operate the system(s),or other causes beyond the control of Daikin Applied. 13. In the event that Daikin Applied is required to make any repairs and/or replacements or emergency calls occasioned by the improper operation of the equipment covered hereby, or any cause beyond Daikin Applied's control, Customer shall pay Daikin Applied for the charges incurred in making such repairs and/or replacements or emergency calls in accordance with the current established Daikin Applied rates for performing such services. 14. Daikin Applied shall not in any event be liable for failure to perform or for delay in performance due to fire,flood,strike or other labor difficulty, act of God, act of any Governmental Authority or of Customer, riot, war, embargo, fuel or energy shortage, wrecks or delay in transportation, inability to obtain necessary labor, materials, or equipment from usual sources, or due to any cause beyond its reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time of completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. If the materials or equipment included in this Proposal become temporarily or permanently unavailable for reasons beyond the control of Daikin Applied, Daikin Applied shall be excused from furnishing said materials or equipment and be reimbursed for the difference between cost of materials or equipment unavailable and the cost of an available reasonable substitute. 15. Daikin Applied shall not in any event be liable to the Customer or to third parties for any incidental,consequential, indirect or special damages, including but not limited to, loss of production, loss of use or loss of profits or revenue arising from any cause whatsoever including, but not limited to any delay, act, error or omission of Daikin Applied. In no event will Daikin Applied's liability for direct or compensatory damages exceed the payment received by Daikin Applied from customer under the instant agreement. 16. Daikin Applied extends the manufacturer's warranties on all parts and materials and warrants labor to meet industry standards for a period of thirty(30) days from the date performed, unless a longer duration is expressly stated elsewhere in this Agreement. Daikin Applied expressly limits its warranty on Customer's Equipment to cover only that portion of Equipment which had specific Services done by Daikin Applied. These warranties do not extend to any Equipment or service which has been repaired by others, abused, altered, or misused, or which has not been properly maintained. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES,EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR SPECIFIC PURPOSE,WHICH ARE HEREBY SPECIFICALLY DISCLAIMED. 17. Each of us agrees that we are responsible for any injury, loss, or damage caused by any negligence or deliberate misconduct of our employees or employees of our subcontractors. If any of our employees or those of our subcontractors, cause any injury, loss or damage in connection with performing their duties under this agreement,the responsible party will pay for all costs,damages,and expenses,which arise. Each of us agrees to defend and hold harmless the other party, its officers, directors and employees,from and against all claims, damages, losses and expenses, including but not limited to attorney's fees and court costs, arising out of or resulting from the performance of work hereunder,to the extent that 425 such claim,damage,loss,or expense is caused by an active or passive act or omission of the indemnifying party or anyone directly or indirectly employed by that party,or anyone for whose acts that party may be liable. 18. This Agreement shall be binding upon and inure to the benefit of each party's respective successors,assigns and affiliates. This Agreement is governed by and construed in accordance with the laws of the State of Minnesota. 426 This CONTRACTOR AGREEMENT ("Agreement"), effective this (Effective Date) ("Effective Date"), is made and entered into by and between (Customer/Owner Name) (hereinafter"Owner") and Daikin Applied Americas Inc. (hereinafter"Contractor"). WHEREAS, Contractor is in the business of providing equipment, labor and/or material, which may involve subcontracting a third party ("Subcontractors")to provide labor and material, to perform the scope of work described in this proposal (Proposal Number) hereto ("Work"), and, WHEREAS, Contractor has offered to perform the Work for Owner with respect to the property located at the (Customer/Owner Name), City of(Project City), State of(Project State) (hereinafter "Property"); WHEREAS, Owner desires to retain Contractor to perform the Work; NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements of the parties, it is agreed as follows: 1. Work. Subject to credit approval, Contractor agrees to furnish all labor, materials, tools, equipment, and samples necessary to complete the Work. Contractor acknowledges that in providing such Work, it shall at all times comply with all laws and regulations affecting, Contractor. Owner agrees that Contractor may retain one or more subcontractors ("Subcontractors")to perform the Work through a Subcontract Agreement. 2. Term of Agreement. Contractor will commence Work on the commencement date ("Commencement Date"). Owner will notify Contractor of the Commencement Date in writing by issuing a Notice to Proceed. The Notice to Proceed shall be issued at least fourteen (14)days before the Commencement Date. Upon substantially completing the Work, Contractor shall present a Certificate of Substantial Completion to Owner. 3. Contract Price. For full performance of the Work in conformance with this Agreement, Owner shall pay the Contractor the fixed sum specified in this proposal (Proposal Number) hereto ("Contract Price"), subject to adjustment per mutual agreement of the parties should the scope of Work changes. The Contract Price does not include sales tax. 4. Change Orders. Owner may issue deductive change orders in writing. Once the Contract Price is adjusted per mutual agreement of the parties, Contractor will comply with them as soon as feasible. Owner may issue proposed additive change orders, and within twenty (20)calendar days thereafter, Contractor will submit a price for the change, supported by a detailed written estimate. Owner and Contractor will then negotiate the price of the change. If the parties reach an agreement, the adjusted and new Contract Price will be incorporated in a written Change Order signed by both parties. If the parties do not reach agreement as to the price of the change, Owner may order Contractor to proceed with the change, and Contractor will promptly do so, so long as the additive change order is not more than three (3) percent of the Contract Price. 5. Relationship of Parties. Contractor is retained by Owner only for the purpose and to the extent set forth in this Contractor Agreement. Contractor's relationship with Owner shall, during the entire term of this Contractor Agreement, be that of an independent contractor. Contractor, and any employee, agent, servant, officer, director or shareholder of Contractor, shall not be deemed an agent, servant, or employee of Owner. 6. Service/Maintenance- If Applicable. In the event Owner, in addition to the services specified above, adds a Service/Maintenance Agreement to the Scope of Services, the following terms shall apply: 6.1. Any and all costs, fees and expenses arising from or incurred in anticipation of any federal, state, county, local or administrative statute, law, rule, regulation or ordinance (collectively "Governmental Regulations")directly or indirectly requiring that refrigerant other than the type of refrigerant currently being utilized in connection with the equipment subject to this Agreement be used, shall be borne solely by Owner. In this regard, Contractor shall not be required to bear any expense in connection with the modification, removal, replacement or disposal of any refrigerant in response to any Governmental Regulation designed to reduce or eliminate the alleged environmental hazards associated with the refrigerant. 6.2. The Contract Price stated herein is predicated on the fact that all Work will be done during regular working hours of regular working days unless otherwise specified. If for any reason, 427 Owner requests that Work be performed other than during regular working hours or outside the scope of Work specified hereunder, Owner agrees to pay Contractor any additional charges arising from such additional Work, including but not limited to premium pay, special freight or other fees or costs associated therewith. 6.3. Owner agrees to provide Contractor personnel with the usual required utilities (water, electricity, compressed air, etc.)and special tools and equipment normally used for the Work unless restricted specifically in the quote. Owner agrees to ensure that sufficient service access space is provided. Contractor shall not be held liable for failure or damage to any equipment caused by power interruptions, single phasing, phase reversal, low voltage, or other deficiencies beyond the control of Contractor. 6.4. This Agreement does not include responsibility for design of the system (unless specifically included), obsolescence, electrical power failures, low voltage, burned-out main or branch fuses, low water pressure, vandalism, misuse or abuse of the system(s) by others (including the Owner), negligence of the system by others (including the Owner), failure of the Owner to properly operate the system(s), or other causes beyond the control of Contractor. 6.5. In the event that Contractor is required to make any repairs and/or replacements or emergency calls occasioned by the improper operation of the equipment covered hereby, or any cause beyond Contractor's control, Owner shall pay Contractor for the charges incurred in making such repairs and/or replacements or emergency calls in accordance with the current established Contractor rates for performing such services. 6.6. Any Maintenance Agreement price is subject to adjustment once each calendar year, effective on the anniversary date, for changes in labor, subcontractor and material costs. Owner shall receive forty-five (45)days prior written notice of such adjustment unless specifically excluded otherwise in writing. 6.7. In the event that Contractor determines, during the first thirty(30)days of any Maintenance Agreement or upon seasonal start-up (discovery period)that any of Owner's equipment, not sold by Contractor under this Agreement, but covered under the Service/Maintenance Agreement, is in need of repair and/or replacement, Contractor shall inform Owner of the equipment condition and remedy. Contractor shall not be responsible for the present or future repair and/or replacement or operability of any specific equipment; until such time as the equipment is brought up to an acceptable condition or the Owner removes the unacceptable system(s), component(s), or part(s)from this Agreement. 7. Compliance with Laws. Contractor and Owner agree that: 7.1. Contractor accepts sole liability for compliance with all governmental regulations related to Contractor's employees and their employment, including without limitation to such items as workers' compensation insurance coverage, unemployment insurance, social security tax withholdings (FICA), withholding for any and all governmental taxes, OSHA requirements, ERISA requirements, Fair Labor Standard Act (FLSA) requirements, the Immigration and Control Act of 1986 (IRCA), work safety rules, as such laws and regulations may apply to Contractor's employees in relation to Work at the Property. 7.2. All employees of Contractor assigned to the Property will have their identity and eligibility for work within the United States of America properly verified. Within five (5)days of receipt of a written request from Owner, Contractor shall provide Owner with copies of the I-9 form or such other documentation as may be appropriate or required to satisfy Owner as to Contractor's compliance with IRCA. 7.3. Contractor shall comply with all applicable governmental regulations and laws in the hiring, supervision, and termination of employees. 7.4. Contractor shall provide equal employment opportunities to all qualified individuals without regard to race, color, national origin, religion, sex, age, or disability. Contractor will comply with the equal employment opportunity policies of Owner and with all equal employment opportunity requirements adopted by any governmental authority including the Civil Rights Act of 1964, Executive Orders 11246, 11375 and 11478, and any state fair employment practices act. Contractor will likewise require its subcontractors to comply with all equal employment opportunity requirements. 428 8. License and Permits. At Contractor's sole expense, Contractor will obtain and maintain, or require its subcontractors to obtain and maintain, any applicable licenses and/or permits as required by applicable laws and regulations in providing the Work. 9. Insurance. At all times while performing the Work, Contractor shall maintain, at its sole cost and expense, the insurance as set forth in Contractor's sample certificate of insurance, attached hereto as Exhibit B. 10. Indemnification. The parties' obligation to defend and indemnify is as follows under this Agreement: 10.1. Upon prompt receipt of written notice from Owner, Contractor shall defend, indemnify, and hold harmless Owner, and Owner's officers, directors, employees, and agents, from and against those damages, liabilities, claims, and causes of action, for property damage, personal injury or death (including without limitation injury to or death of Owner's employees or any subcontractor thereof) (jointly referred to as "Claims"), directly caused by Contractor's negligence, gross negligence, or willful misconduct during the performance of the Work, but only to the extent that the Claims stated above were not caused in any way by the actions of any Subcontractor. Subcontractors, pursuant to the Subcontract Agreement with Contractor, hold their own indemnification obligations toward the Owner. Notwithstanding Contractor's indemnification obligations under this Agreement, these shall not extend to Claims caused by any act or omission by any architect, engineer, consultant, or project manager retained to perform work in connection with the Property. Architects, engineers, consultants, and project managers shall be required to defend, indemnify or hold harmless Owner pursuant to any agreement for the referenced services. 10.2. Upon receipt of prompt written notice from Contractor, Owner shall defend, indemnify, and hold harmless Contractor and its respective officers, directors, employees, and agents, from those damages, liabilities, claims, demands, and causes of action, for property damage, personal injury or death (including without limitation injury to or death of Contractor's employees or any subcontractor thereof)directly caused by a violation of any laws pertaining to Owner's business or any negligence, gross negligence or willful misconduct by Owner during Contractor's performance of the Work. 11. Default. 11.1. A default occurs under the terms of this Agreement if: (a)Contractor substantially fails to perform any of its material obligations under this Agreement; (b) if Owner becomes insolvent, and/or; (c) if Owner fails to tender payment to Contractor under this Agreement for thirty (30) days after the date such payment is due (together"Event of Default"). 11.2. Upon the occurrence of an Event of Default, the non-breaching party shall provide written notice to the breaching party("Notice of Default"). Upon receipt of the Notice of Default, the breaching party shall immediately correct the default. If the breaching party fails to correct the default for thirty(30)days after receipt of the Notice of Default, or fails to provide evidence that appropriate corrective action is in reasonable process, the non-breaching party may terminate this Agreement upon written notice ("Notice of Termination"). The parties shall have any legal remedies at their disposition, as allowed by local law. 12. Termination. Absent an uncured Event of Default, this Agreement may only be terminated only by the consent of the parties. 12.1. The termination shall be evidenced by: (a) execution of a single writing; (b)signed by Contractor and Owner; (c)that specifically identifies this Agreement, and (d)states that Owner and Contractor terminate this Agreement as of a specified date ("Termination Agreement"). 12.2. Prior to execution of the Termination Agreement, Contractor shall present Owner with an Application for Payment for actual Work rendered under this Agreement as of the date the parties intend to execute the Termination Agreement, and Owner shall pay Contractor the amount requested in the Application Payment contemporaneously with the parties execution of the Termination Agreement. 12.3. If applicable, a Maintenance Agreement may be terminated: (i) by either party upon the anniversary date hereof; provided however, that written notice of such termination must be given to the non-terminating party at least thirty(30)days prior to the anniversary date; or (ii) by Contractor upon five (5)days prior written notice to Owner, in the event that any sums or monies due or payable pursuant to this Agreement are not paid when due or in the event that additions, alterations, repairs or adjustments are made to the system or equipment without Contractor's 429 prior approval. If a Maintenance Agreement is terminated for any reason, other than a material breach by Contractor, Owner shall pay, in addition to all sums currently due and owing, the entire remaining balance due for the term of the Maintenance Agreement, or an amount equal to time and materials expended for the year, whichever is less. 13. LIMITATION OF LIABILITY: NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, LIQUIDATED, SPECIAL, OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, REVENUE, PROFITS, GOODWILL, OR OTHER BUSINESS INTERRUPTION DAMAGES, THAT ARISE OUT OF OR RELATED IN ANY WAY TO THEIR PERFORMANCE OR LACK OF PERFORMANCE UNDER THIS AGREEMENT, WHETHER BASED ON STATUTE, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER CLAIM OR THEORY OF RECOVERY OR LIABILITY WHATSOEVER, REGARDLESS OF WHETHER THESE DAMAGES COULD HAVE BEEN FORESEEN OR NOT. 14. Workmanship Warrantv. As for Work Contractor performs, Contractor agrees to perform said Work in a professional and workmanlike manner, and in accordance with industry standards for the operation, appearance, and public perception established by those engaged in a business similar to that of Contractor. As for Work Subcontractors perform, or agree to perform, the Subcontractor Agreements will contain warranties that Subcontractors will perform the Work in a professional and workmanlike manner, and in accordance with industry standards for the operation, appearance, and public perception established by those engaged in a business similar to that of the Subcontractor. 15. Equipment Warranty. All equipment furnished hereunder is provided with the manufacturer's warranty as the exclusive warranty for such equipment. Contractor provides such warranty as a pass-through to Owner. The manufacturer's warranty for McQuay and/or Daikin brand equipment is attached hereto and incorporated herein by this reference. 16. Asbestos and Hazardous Materials. In the event Contractor encounters asbestos, lead and/or other hazardous materials, Contractor will stop work and notify Owner. Owner shall remediate any asbestos, lead or other hazardous materials at Owner's expense. Owner shall be responsible for all costs, expenses, damages, fines, penalties, claims and liabilities associated with or incurred in connection with any hazardous materials or substances, including but not limited to asbestos, upon, beneath, about or inside Owner's equipment or property. Title to, ownership of, and legal responsibility and liability for any and all such hazardous materials or substances, shall at all times remain with Owner. Owner shall be responsible for the removal, handling and disposal of all hazardous materials and substances in accordance with all applicable Governmental Regulations. Owner shall defend, indemnify, reimburse and hold harmless Contractor and its officers, directors, agents, and employees from and against any and all claims, damages, costs, expenses, liabilities, actions, suits, fines and penalties (including without limitation, attorneys' fees and expenses)suffered or incurred by any such indemnified parties, based upon, arising out of or in any way relating to exposure to, handling of, or fees and expenses)suffered or incurred by any such indemnified parties, based upon, arising out of or in any way relating to exposure to, handling of, or disposal of any hazardous materials or substances, including but not limited to asbestos, in connection with the services performed hereunder. Contractor shall have the right to suspend its work at no penalty to Contractor until such products or materials and the resultant hazards are removed. The time for completion of the work shall be extended to the extent caused by the suspension and the contract price equitably adjusted. Contractor reserves the right to engage others in a subcontractor status to perform the work hereunder. 17. Confidentiality. Owner agrees to keep confidential and use its best efforts to cause any sales representative and employees to keep confidential all trade secrets, proprietary, and confidential information (hereinafter"Confidential Information") related to Daikin Applied and safeguard all Confidential Information from disclosure or use by any person directly or indirectly under Owner's control. Confidential Information does not include (i) information which is in the public domain other than through a breach of this clause and (ii) information which was received by Owner independently of Daikin Applied. Neither expiration nor termination of this Agreement for any reason shall release Owner from the obligations of this Section. 18. Assignment and Delegation. Owner may assign this Agreement to Owner's nominee, only with Contractor's prior written consent. 430 19. Notices. Any information or notices required to be given under this Agreement shall be in writing and shall be delivered either by (a) certified mail, return receipt requested, in which case notice shall be deemed delivered three (3) business days after deposit, postage prepaid, in the U.S. mail; (b) a reputable messenger service or a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) business day after deposit with such messenger or courier; or(c) personal delivery with receipt acknowledged in writing, in which case notice shall be deemed delivered when received. All notices shall be addressed as follows: If to Contractor: Daikin Applied Americas Inc. Attn: Legal Department 13600 Industrial Park Blvd. Plymouth, MN 55340 Attn: Legal Dept. If to Owner: (Customer/Owner Name) (Customer Address 1) (Customer Address 2) The foregoing addresses may be changed from time to time by notice to the other party in the manner hereinbefore provided for. 20. No Waiver. Failure of Owner at any time to require performance by Contractor of any provision hereof shall in no way affect the full right to require such performance at any time thereafter, nor shall the waiver by Owner of a breach of any of the provisions hereof constitute a waiver of any succeeding breach of the same or any other provision. 21. Severability. If any provision hereof is deemed to be invalid or unenforceable under applicable law, this Agreement shall be considered divisible as to such provision and the same shall thereafter be inoperative, provided however, the remaining provisions of this Agreement shall be valid and binding. 22. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota (other than its rules as to conflicts of law which might require application of laws of another jurisdiction). 23. Miscellaneous. 23.1. No Liens. Contractor shall neither suffer nor permit the attachment of any liens upon the Property as a direct result of Contractor's performance of the Work; provided, however, nothing herein shall be construed to limit or abridge Contractor's or Subcontractor's right to assert and enforce a mechanic's lien to the extent of nonpayment hereunder. 23.2. Force Majeure. Any delay or failure by either party hereto in the performance of its obligations hereunder, other than the obligation to pay, shall not constitute a default hereunder or give rise to any claim for damages if, and only to the extent and for such period of time that, (i) such delay or failure is caused by an event or occurrence beyond the control and without the fault or negligence of such party or any Subcontractor, materialman, or other party acting under or through such party, and (ii)said party is unable to prevent such delay or failure through the exercise of reasonable diligence. Events that shall be deemed to be beyond the control of the parties hereto shall include, but not be limited to: acts of God or the public enemy; expropriation or confiscation of facilities by governmental or military authorities; changes in applicable laws; war, rebellion, sabotage or riots; floods, unusually severe weather that could not reasonably have been anticipated; fires, explosions, or other catastrophes; or other similar occurrences. 23.3. Modifications. No modifications or alterations shall be made to this Agreement unless reduced in writing and signed by Contractor and Owner. 23.4. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Work and supersedes all prior negotiations, representations or agreements relating thereto either written or oral, except to the extent that they are expressly incorporated herein. Owner agrees that this Agreement is made solely on the terms and conditions hereof, notwithstanding any additional or conflicting conditions that may be contained in any purchase order or other form of Owner, all of which additional or conflicting terms and conditions are hereby rejected by Contractor. Further, Owner acknowledges and agrees that any other terms such as those which may be included in future purchase order issued by Owner in accordance with this Agreement, will only establish payment authority for Owner's internal accounting purposes. Any such purchase order will not be considered by Contractor to be a counteroffer, 431 amendment, modification, or other revision to the terms of this Agreement. No waiver, alteration or modification of the terms and conditions herein shall be valid unless made in writing and signed by an authorized representative of Contractor. IN WITNESS WHEREOF, the parties have executed this Agreement on the Effective Date, the corporate parties by their officers duly authorized. CONTRACTOR OWNER Daikin Applied Americas Inc. dba (Customer/Owner Name) Daikin Applied By: By: Its: Its: Dated: Dated: License No. 432 7VDAIKIN To: All Daikin Applied Preferred Customers Subject: Prepay Discounts Dear Preferred Customer, We are happy to offer a very attractive Prepay Discount Option to our preferred customers. Prepay discounts are an excellent opportunity for your company to increase it's bottom line by reducing the costs of your HVAC purchases. (see discount schedule below) Anticipated Discount Schedule as of 6/1/2018 Prepay Lead Time Discount Lead Time Prepay Discount *Time of shipment 0.5% 2 weeks 0.6% 14 weeks 1.3% 4 weeks 0.7% 15 weeks 1.4% 5 weeks 0.8% 16 weeks 1.4% 6 weeks 0.8% 17 weeks 1.5% 7 weeks 0.9% 18 weeks 1.5% 8 weeks 1.0% 19 weeks 1.6% 9 weeks 1.0% 20 weeks 1.7% 10 weeks 1.1% 21 weeks 1.7% 11 weeks 1.1% 22 weeks 1.8% 12 weeks 1.2% 23 weeks 1.8% 13 weeks 1.3% 24 weeks 1.9% Discounts calculated at the rate of 3% per annum plus 1/2 of 1% for payment at time of shipment. Discounts allowed only for jobs that are prepaid 100%. Maximum allowable anticipated discount is 3%. * If prepay is not an option for this purchase, don't forget about our .5%discount at time of shipment. Our terms are payment at time of shipment but we will allow our preferred customers up to ten days from ship date for Daikin Applied to receive the check and up to 15 days from ship date for our Canadian customers. In most cases this will allow you to see the goods before cutting the check. Discount rates shown are subject to change without notice. All in all, you have two great options to significantly increase your bottom line. Please contact your Daikin Applied Sales Representative or your Daikin Applied Financial Service Representative for more information regarding these discount options. Sincerely, Patrick Middleton Sr. Director of Financial Services Daikin Applied Daikin Applied World Headquarters 13600 Industrial Park Boulevard Minneapolis, MN 55441 763-553-5330 433 )region.4x To: Christine Dorantes Contract Manager From: Robert Zingelmann Chief Financial Officer, Finance and Operations Services Date: August 25, 2020 Subject:Approval of Contract Award Per official action taken by the Board of Directors of Region 4 Education Service Center (ESC) on August 25, 2020 the following contracts were approved as presented: ➢ HVAC Equipment, Installation, Services & Related Products • Daikin Applied Americas Inc. • Johnson Controls, Inc. • TDlndustries, Inc. Contract is effective October 1, 2020. If you have any questions, please let me know. 434 )region.4x To: Christine Dorantes Contract Manager From: Robert Zingelmann Chief Financial Officer, Finance and Operations Services Date: August 25, 2020 Subject:Approval of Contract Award Per official action taken by the Board of Directors of Region 4 Education Service Center (ESC) on August 25, 2020 the following contracts were approved as presented: ➢ HVAC Equipment, Installation, Services & Related Products • Daikin Applied Americas Inc. • Johnson Controls, Inc. • TDlndustries, Inc. Contract is effective October 1, 2020. If you have any questions, please let me know. 435 (AlM^ � r �t J-' )region.4"� To: Board of Directors From: Robert Zingelmann Date: August 25, 2020 Subject: Recommendation of Contract Award Region 4 ESC held a RFP opening on March 24, 2020 for RFP #20-04 for HVAC Equipment, Installation, Services & Relatedr uc s. There were eight (8) proposals submitted: • APS Building Services, Inc • BLUE BOX AIR, LLC • Daikin Applied Americas Inc. • HACI Service LLC. • Johnson Controls, Inc. • Sun Mechanical Contracting, Inc. • SVL, Inc. • TDlndustries, Inc. After careful review of all proposals, the Evaluation Team has determined that three (3) companies demonstrated the ability to provide the products and services outlined in the solicitation while offering competitive pricing to the members. CONSIDERATION Award of annual contract in compliance with the bid laws of the State of Texas is recommended. RECOMMENDATION The Evaluation Team recommends the following companies for award based on their response: Contract F— Vendor Term of Contract HVAC Equipment, Daikin Applied Americas Inc. Three (3) years with option of Installation, Services & Johnson Controls, Inc. two (2) one year renewals Related Products TDlndustries, Inc. Support documentation has been attached for your reference. Enclosure: Bid Tab Summary 436 0, region4' To: Dr. Pam Wells Executive Director From: Robert Zingelmann Chief Financial Officer, Finance and Operations Services Date: August 25, 2020 Re: HVAC Equipment, Installation, Services & Related Products; RFP #20-04 The Evaluation Committee has reviewed the responses and recommend that the following companies be awarded: • Daikin Applied Americas, Inc. • Johnson Controls, Inc. • TDlndustries, Inc. The recommended vendors submitted offers that were determined to be most advantageous to OMNIA Partners, Public Sector members, based upon the bid tabulation. All the recommended respondents were determined to be competitively priced and strong for the specified services outlined in the RFP. We believe all recommended vendors demonstrate the ability to provide and perform the services requested in the proposal. We will monitor their performance and determine at the end of each year if they are eligible for renewal with each new term. This multiple award is recommended as most advantageous as it limits contract awards to the least number of suppliers necessary to meet the requirements of OMNIA Partners, Public Sector members. In order to serve the entire nation, a multiple award is recommended to provide any governmental agency with complete coverage of commodities, services and any other offering within the scope of proposal. Please let me know if you have any questions. 437 DocuSign Envelope ID:98DA5A37-A3EB-4AEF-AA5F-3762A2DA770E ct, region 4" Request for Contract Update R150505 Pursuant to the terms of contract number R200401 for HVAC Equipment, Installation, Service and Related Products Contractor must notify and receive approval from Region 4 ESC when there is an update in the contract. No request will be officially approved without the prior authorization of Region 4 ESC. Region 4 ESC reserves the right to accept or reject any request. Daikin Applied hereby provides notice of the following update on (Contractor) this date October 2, 2020 Instructions:Contractor must check all that may apply and shall provide supporting documentation. Requests received without supporting documentation will be returned._This form is not intended for use if there is a material change in operations,such as assignment, bankruptcy,change of ownership,merger,etc. Material changes must be submitted on a "Notice of Material Change to Vendor Contract"form. ❑ Authorized Distributors/Dealers ❑ Price Update Addition Supporting Documentation Deletion Supporting Documentation ® Products/Services ❑ Discontinued Products/Services X New Addition Supporting Documentation Update Only Supporting Documentation El Other ElStates/Territories Supporting Documentation Supporting Documentation Notes:Contractor may include other notes regarding the contract update here: (attach another page if necessary). Daikin Applied requests to add ISO Air Products to HVAC Specialty products category. Adding to both contracts listed above Submitted By: Duane Rothstein ❑ Approved by Email: Date 10/7/2020 l 12:15 PM PDT Title: Vertical Market Manager- Government ❑ Denied by Email: Date F�bu� DocuSigned byy:�,(,�,,Email Address: duane.rothstein(a�daikinapplied.com Region 4 ESC: b"-'0"" ,AtU,& 0B1D33BB0130490... 438 DocuSign Envelope ID: BAAD1970-D564-4D27-A571-0449F5DC8BF1 ( , Y "ti" )region4" Request for Contract Update Pursuant to the terms of contract number R150505 & R200401 for HVAC Equipment, Installation, Service and Related Products Contractor must notify and receive approval from Region 4 ESC when there is an update in the contract. No request will be officially approved without the prior authorization of Region 4 ESC. Region 4 ESC reserves the right to accept or reject any request. Daikin Applied hereby provides notice of the following updateon (Contractor) this date October 22, 2020 Instructions:Contractor must check all that may apply and shall provide supporting documentation. Requests received without supporting documentation will be returned._This form is not intended for use if there is a material change in operations,such as assignment, bankruptcy,change of ownership, merger,etc. Material changes must be submitted on a "Notice of Material Change to Vendor Contract"form. ❑ Authorized Distributors/Dealers ❑ Price Update Addition Supporting Documentation Deletion Supporting Documentation ® Products/Services ❑ Discontinued Products/Services Supporting X New Addition Documentation Update Only Supporting Documentation El Other ElStates/Territories Supporting Documentation Supporting Documentation Notes:Contractor may include other notes regarding the contract update here:(attach another page if necessary). Daikin Applied requests to add AtmosAir Products to Indoor Air Quality Products and Devices category. Submitted By: Duane Rothstein ❑ Approved by Email: Date10/27/2020 1 1:15 PM PDT Title: Vertical Market Manager- Government ❑ Denied by Email: Date DocuSigned by: Email Address: duane.rothsteinAdaikinapplied.com Region 4 ESC: 439 DocuSign Envelope ID: F5D9B727-BB97-40A9-BEEC-BE5EFD0057C0 ct, region 4" Request for Contract Update Pursuant to the terms of contract number R200401 for HVAC Equipment, Installation, Service and Related Products Contractor must notify and receive approval from Region 4 ESC when there is an update in the contract. No request will be officially approved without the prior authorization of Region 4 ESC. Region 4 ESC reserves the right to accept or reject any request. Daikin Applied hereby provides notice of the following update on (Contractor) this date October 23, 2020 Instructions:Contractor must check all that may apply and shall provide supporting documentation. Requests received without supporting documentation will be returned._This form is not intended for use if there is a material change in operations,such as assignment, bankruptcy,change of ownership,merger,etc. Material changes must be submitted on a "Notice of Material Change to Vendor Contract"form. ❑ Authorized Distributors/Dealers ® Price Update Addition Supporting Documentation Deletion Supporting Documentation ❑ Products/Services ❑ Discontinued Products/Services New Addition Supporting Documentation Update Only Supporting Documentation El Other ElStates/Territories Supporting Documentation Supporting Documentation Notes:Contractor may include other notes regarding the contract update here: (attach another page if necessary). Daikin Applied would like to reduce the HVAC labor rates for the following labor rate classifications: HVAC (CAT l), HVAC (CAT 2), HVAC (CAT 3) and HVAC (CAT 4) for all listed locations. An error was discovered in the rate calculation for. Duane Rothstein 10/27/2020 l 1:14 PM PDT Submitted By: ❑ Approved by Email: Date Title: Vertical Market Manager- Government ❑ Denied by Email: Date DocuSigned by: �tln�t�tMAlitl� Email Address: duane.rothstein(a-),daikinapplied.com Region 4 ESC: re" 440 DocuSign Envelope ID:905093CB-E845-41 C1-9FA4-9A4146DD6CE7 region4o Request for Contract Update R150505-HVAC Equipment,Installation,Service,&Related Products Pursuant to the terms of contract number R200401 for HVAC Equipment, Installation, Service and Related Products Contractor must notify and receive approval from Region 4 ESC when there is an update in the contract. No request will be officially approved without the prior authorization of Region 4 ESC. Region 4 ESC reserves the right to accept or reject any request. Daikin Applied hereby provides notice of the following update on (Contractor) this date October 23,2020 Instructions:Contractor must check all that may apply and shall provide supporting documentation. Requests received without supporting documentation will be returned._This form is not intended for use if there is a material change in operations,such as assignment,bankruptcy,change of ownership,merger,etc. Material changes must be submitted on a "Notice of Material Change to Vendor Contract"form. X❑ Authorized Distributors/Dealers ❑ Price Update X Addition Supporting Documentation Deletion Supporting Documentation ❑ Products/Services ❑ Discontinued Products/Services New Addition Supporting Documentation Update Only Supporting Documentation El Other ElStates/Territories Supporting Documentation Supporting Documentation Notes: Contractor may include other notes regarding the contract update here:(attach another page if necessary). Daikin has 130+independently owned Rep partners who provide both Daikin and non-Daikin manufactured equipment. Daikin is requesting to add these Rep offices so they can sell approved Daikin products and labor solutions as per the Contract directly to Region 4 and Participating Public Agency member(i.e.PO issued directly to Rep). Internally Daikin will ensure contract compliance by reviewing ALL estimates and registering the project with OMNIA to obtain a CPN. As the Region 4 ESC contract holder,Daikin will be responsible for ensuring only approved products and services are offered, reporting all sales and upholding all contract obligations. The attached Rep Roster lists all Daikin's Rep office locations. This process will save time and lower projects costs for Region 4 and Participating Public Agency members. Duane Rothstein 11/19/2020 1 7:34 AM PST Submitted By: ❑ Approved by Email: Date Title: Vertical Market Manager-Government ❑ Denied by Email: Date DocuSi 'b �gned by: �L Email Address: duane.rothstein@daikinapplied.com Region 4 ESC. 441 DocuSign Envelope ID: F77944FA-DF34-44EE-BO92-1 E0055747D3B ct, region 4" Request for Contract Update Pursuant to the terms of contract number R200401 for HVAC Equipment, Installation, Service and Related Products Contractor must notify and receive approval from Region 4 ESC when there is an update in the contract. No request will be officially approved without the prior authorization of Region 4 ESC. Region 4 ESC reserves the right to accept or reject any request. Daikin Applied hereby provides notice of the following update on (Contractor) this date November 6, 2020 Instructions:Contractor must check all that may apply and shall provide supporting documentation. Requests received without supporting documentation will be returned._This form is not intended for use if there is a material change in operations,such as assignment, bankruptcy,change of ownership,merger,etc. Material changes must be submitted on a "Notice of Material Change to Vendor Contract"form. ❑ Authorized Distributors/Dealers ® Price Update Addition Supporting Documentation Deletion Supporting Documentation ❑ Products/Services ❑ Discontinued Products/Services New Addition Supporting Documentation Update Only Supporting Documentation El Other ElStates/Territories Supporting Documentation Supporting Documentation Notes:Contractor may include other notes regarding the contract update here:(attach another page if necessary). Daikin has been getting requests to add a multiplier for 2nd Shift Labor by OMNIA members. Daikin is requesting to add 1.15 as the multiplier for 2nd Shift Labor. This will be noted in the footer of the pricing document (similar to Overtime and Double Time). Duane Rothstein 11/19/2020 l 7:33 AM PST Submitted By: ❑ Approved by Email: Date Title: Vertical Market Manager- Government ❑ Denied by Email: Date LrZ ltln.� ty,aWA,uSigned by: w{ Email Address: duane.rothstein(a�daikinapplied.com Region 4 ESC: D�saavr•s�a ... 442 DocuSign Envelope ID:9961A710-276B-47EE-90AD-A329047E6755 ct, region 4" Request for Contract Update Pursuant to the terms of contract number R150505 & R200401 for HVAC Equipment, Installation, Service and Related Products Contractor must notify and receive approval from Region 4 ESC when there is an update in the contract. No request will be officially approved without the prior authorization of Region 4 ESC. Region 4 ESC reserves the right to accept or reject any request. Daikin Applied hereby provides notice of the following update on (Contractor) this date November 25, 2020 Instructions:Contractor must check all that may apply and shall provide supporting documentation. Requests received without supporting documentation will be returned._This form is not intended for use if there is a material change in operations,such as assignment, bankruptcy,change of ownership,merger,etc. Material changes must be submitted on a "Notice of Material Change to Vendor Contract"form. ❑ Authorized Distributors/Dealers ❑ Price Update Addition Supporting Documentation Deletion Supporting Documentation ® Products/Services ❑ Discontinued Products/Services X New Addition Supporting Documentation Update Only Supporting Documentation El Other ElStates/Territories Supporting Documentation Supporting Documentation Notes:Contractor may include other notes regarding the contract update here: (attach another page if necessary). Daikin Applied requests to add Standard Xchange to the HVAC Specialty Products category. 12/8/2020 1 12:20 PM PST Submitted By: Duane Rothstein ElApproved by Email: Date Title: Vertical Market Manager-Government ❑ Denied by Email: Date F�DocuSigned by: Email Address: duane.rothstein@daikinapplied.com Region 4 ESC: 443 DocuSign Envelope ID: 13CD5A8A-5179-4F67-936B-212EBA4B256C ct, region 4" Request for Contract Update Pursuant to the terms of contract number R150505 & R200401 for HVAC Equipment, Installation, Service and Related Products Contractor must notify and receive approval from Region 4 ESC when there is an update in the contract. No request will be officially approved without the prior authorization of Region 4 ESC. Region 4 ESC reserves the right to accept or reject any request. Daikin Applied hereby provides notice of the following update on (Contractor) this date December 17,2020 Instructions:Contractor must check all that may apply and shall provide supporting documentation. Requests received without supporting documentation will be returned._This form is not intended for use if there is a material change in operations,such as assignment, bankruptcy,change of ownership,merger,etc. Material changes must be submitted on a "Notice of Material Change to Vendor Contract"form. ❑ Authorized Distributors/Dealers ❑ Price Update Addition Supporting Documentation Deletion Supporting Documentation ® Products/Services ❑ Discontinued Products/Services X New Addition Supporting Documentation Update Only Supporting Documentation El Other ElStates/Territories Supporting Documentation Supporting Documentation Notes:Contractor may include other notes regarding the contract update here: (attach another page if necessary). Daikin Applied requests to add Big Ass Fans and GoFog to the HVAC Specialty products category,and Delta Cooling Towers to the Cooling Towers products category. 12/31/2020 1 8:06 AM PST Submitted By: Duane Rothstein ElApproved by Email: Date Title: Vertical Market Manager-Government ❑ Denied by Email: Date DocuSigned by: Email Address: duane.rothstein@daikinapplied.com Region 4 ESC- -aev3�ee��oa ... 444 DocuSign Envelope ID:OA7115EF-02D6-400D-B41 D-3ESD490C9364 ct, region 4" Request for Contract Update Pursuant to the terms of contract number R200401 for HVAC Equipment, Installation, Service and Related Products Contractor must notify and receive approval from Region 4 ESC when there is an update in the contract. No request will be officially approved without the prior authorization of Region 4 ESC. Region 4 ESC reserves the right to accept or re ect any request. Daikin Applied hereby provides notice of the following update on (Contractor) this date February 11, 2021 Instructions:Contractor must check all that may apply and shall provide supporting documentation. Requests received without supporting documentation will be returned._This form is not intended for use if there is a material change in operations,such as assignment, bankruptcy,change of ownership,merger,etc. Material changes must be submitted on a "Notice of Material Change to Vendor Contract"form. ❑ Authorized Distributors/Dealers ❑ Price Update Addition Supporting Documentation Deletion Supporting Documentation ® Products/Services ❑ Discontinued Products/Services X New Addition Supporting Documentation Update Only Supporting Documentation El Other ElStates/Territories Supporting Documentation Supporting Documentation Notes:Contractor may include other notes regarding the contract update here: (attach another page if necessary). Daikin Applied requests to add Lumalier,AboveAir Technologies, Markel Products Company,Temspec, Riptide, Hays Fluid Controls,and Buffalo Air Handling to our Master Equipment list. Submitted By: Duane Rothstein ElApproved by Email: Date 2/11/2021 1 12:40 PM PST Title: Vertical Market Manager,Government ❑ Denied by Email: Date F—� DocuSigned by: Email Address: duane.rothstein@daikinapplied.com Region 4 ESC: k4� 1b aVA& 0B1 D33660130490... 445 DocuSign Envelope ID:A7878288-9B38-4D43-A785-D4C27DC4A5B2 ct, region 4" Request for Contract Update Pursuant to the terms of contract number R200401 for HVAC Equipment, Installation, Service and Related Products Contractor must notify and receive approval from Region 4 ESC when there is an update in the contract. No request will be officially approved without the prior authorization of Region 4 ESC. Region 4 ESC reserves the right to accept or re ect any request. Daikin Applied hereby provides notice of the following update on (Contractor) this date February 18, 2021 Instructions:Contractor must check all that may apply and shall provide supporting documentation. Requests received without supporting documentation will be returned._This form is not intended for use if there is a material change in operations,such as assignment, bankruptcy,change of ownership,merger,etc. Material changes must be submitted on a "Notice of Material Change to Vendor Contract"form. ❑ Authorized Distributors/Dealers ❑ Price Update Addition Supporting Documentation Deletion Supporting Documentation ® Products/Services ❑ Discontinued Products/Services X New Addition Supporting Documentation Update Only Supporting Documentation El Other ElStates/Territories Supporting Documentation Supporting Documentation Notes:Contractor may include other notes regarding the contract update here: (attach another page if necessary). Daikin Applied requests to add CGC Group Bulldog Heat Pumps to our Master Equipment List. Submitted By: Duane Rothstein ❑ Approved by Email: Date212412021 1 8:07 AM PST Title: Vertical Market Manager,Government ❑ Denied by Email: Date DocuSigned by: Email Address: duane.rothstein@daikinapplied.com Region 4 ESC:Ir db� lb a� OB1 D33BB0130490... 446 DocuSign Envelope ID: BDCE8C45-F645-4614-907F-F178CB29F1AA ct, region 4" Request for Contract Update Pursuant to the terms of contract number R200401 for HVAC Equipment, Installation, Service and Related Products Contractor must notify and receive approval from Region 4 ESC when there is an update in the contract. No request will be officially approved without the prior authorization of Region 4 ESC. Region 4 ESC reserves the right to accept or re ect any request. Daikin Applied hereby provides notice of the following update on (Contractor) this date March 16, 2021 Instructions:Contractor must check all that may apply and shall provide supporting documentation. Requests received without supporting documentation will be returned._This form is not intended for use if there is a material change in operations,such as assignment, bankruptcy,change of ownership,merger,etc. Material changes must be submitted on a "Notice of Material Change to Vendor Contract"form. ❑ Authorized Distributors/Dealers ❑ Price Update Addition Supporting Documentation Deletion Supporting Documentation ® Products/Services ❑ Discontinued Products/Services X New Addition Supporting Documentation Update Only Supporting Documentation El Other ElStates/Territories Supporting Documentation Supporting Documentation Notes:Contractor may include other notes regarding the contract update here: (attach another page if necessary). Daikin Applied requests to add Aerco Boilers to our Master Equipment List. (Aerco is currently listed under HVAC Specialty Products category.) Submitted By: Duane Rothstein ❑ Approved by Email: Date 3/26/2021 1 9:39 AM PDT Title: Vertical Market Manager,Government ❑ Denied by Email: Date DocuSigned by: �tln�t�tMAlitlA Email Address: duane.rothstein@daikinapplied.com Region 4 ESC: 9e" 447 DocuSign Envelope ID: 1B48F953-B411-48BB-B3ED-22C7937FDOB5 ct, region 4" Request for Contract Update Pursuant to the terms of contract number R200401 for HVAC Equipment, Installation, Service and Related Products Contractor must notify and receive approval from Region 4 ESC when there is an update in the contract. No request will be officially approved without the prior authorization of Region 4 ESC. Region 4 ESC reserves the right to accept or re ect any request. Daikin Applied hereby provides notice of the following update on (Contractor) this date April 6, 2021 Instructions:Contractor must check all that may apply and shall provide supporting documentation. Requests received without supporting documentation will be returned._This form is not intended for use if there is a material change in operations,such as assignment, bankruptcy,change of ownership,merger,etc. Material changes must be submitted on a "Notice of Material Change to Vendor Contract"form. ❑ Authorized Distributors/Dealers ❑ Price Update Addition Supporting Documentation Deletion Supporting Documentation ® Products/Services ❑ Discontinued Products/Services X New Addition Supporting Documentation Update Only Supporting Documentation El Other ElStates/Territories Supporting Documentation Supporting Documentation Notes:Contractor may include other notes regarding the contract update here:(attach another page if necessary). Daikin Applied requests to add Carrier AHUs and Modine to our Master Equipment List under the Air Handling category. Submitted By: Duane Rothstein ❑ Approved by Email: Date4/9/2021 1 9:06 AM PDT Title: Vertical Market Manager,Government ❑ Denied by Email: Date DocuSigned by: Email Address: duane.rothstein@daikinapplied.com Region 4 ESC: 448 DocuSign Envelope ID:AF4522C1-CCD4-491 F-9E05-A49A6FC6A768 ta)region4'� Request for Vendor Contract Update Pursuant to the terms of your awarded vendor contract,all vendors must notify and receive approval from Region 4/OMNIA Partners, Public Sector when there is an update in the contract. No request will be officially approved without the prior authorization of Region 4. Region 4 reserves the right to accept or reject any request. Daikin Applied hereby provides notice of the following update to Contract number: R200401 for HVAC Equipment, Installation.Service and Related Products on this date August 20,2021. Instructions:Vendors must check all that may apply and shall provide supporting documentation. Place your initials next to each item to confirm that documents are indeed included. Request received without supporting documentation will be returned. Be sure to sign prior to submitting your update for approval. This form is not intended for use if there is a material change in operations,which may adversely affect members,i.e.assignment,bankruptcy,change of ownership,merger,etc.Please contact a member of the OMNIA Partners Contracting Team to request a"Notice of Material Change to Vendor Contract"form. ❑ Authorized Distributors/Dealers ❑ Price Update Addition Supporting Documentation Deletion Supporting Documentation X Products/Services ❑ Discontinued Products/Services X New Addition Supporting Documentation Update Only Supporting Documentation ❑ States/Territories ❑ Other Supporting Documentation Supporting Documentation Notes:Vendor may include other notes regarding the contract update here: (attach another page if necessary). Daikin Applied requests to add Daikin Air Purifier,GallantAir,and UV Resources to our Master Equipment List under the Indoor Air Quality Products and Devices category. Submitted By: Duane Rothstein ❑ Approved Date 8/25/2021 1 4:03 PM CDT ❑ Denied Date Title:Vertical Market Manager, Government Contact Number: R200401 DocuSigned by: r6bGV- Ii aln,ln, Email Address: duane.rothstein@daikinapplied.com Region 4 ESC: o�saamsaa .. Robert Zingelmann 449 DocuSign Envelope ID: E408D4E2-E235-491 E-131 E3-7B60D8A1 B250 ta)region4'� Request for Vendor Contract Update Pursuant to the terms of your awarded vendor contract,all vendors must notify and receive approval from Region 4/OMNIA Partners, Public Sector when there is an update in the contract. No request will be officially approved without the prior authorization of Region 4. Region 4 reserves the right to accept or reject any request. Daikin Applied hereby provides notice of the following update to Contract number: R200401 for HVAC Equipment, Installation.Service and Related Products on this date October 26,2021. Instructions:Vendors must check all that may apply and shall provide supporting documentation. Place your initials next to each item to confirm that documents are indeed included. Request received without supporting documentation will be returned. Be sure to sign prior to submitting your update for approval. This form is not intended for use if there is a material change in operations,which may adversely affect members,i.e.assignment,bankruptcy,change of ownership,merger,etc.Please contact a member of the OMNIA Partners Contracting Team to request a"Notice of Material Change to Vendor Contract"form. ❑ Authorized Distributors/Dealers ❑ Price Update Addition Supporting Documentation Deletion Supporting Documentation X Products/Services ❑ Discontinued Products/Services X New Addition Supporting Documentation Update Only Supporting Documentation ❑ States/Territories ❑ Other Supporting Documentation Supporting Documentation Notes:Vendor may include other notes regarding the contract update here: (attach another page if necessary). Daikin Applied requests to add Daikin Air Purifier,GallantAir, UV Resources,and Ebtron to our Master Equipment List under the Indoor Air Quality Products and Devices category. Daikin Applied requests to add Thermal Corporation to our Master Equipment List under the Air Handling category. Submitted By: Duane Rothstein ElApproved Date 10/28/2021 1 9:37 AM CDT ❑ Denied Date Title:Vertical Market Manager, Government Contact Number: R200401 DocuSigned by: Email Address: duane.rothstein@daikinapplied.com Region 4 ESC: DB1D33BB0130490... Robert zingelmann 450 DocuSign Envelope ID:7DB646B6-A802-4AC9-B875-4A2007E96BA9 4 + J o Y. io y�L Ff" Request for Vendor Contract Update Pursuant to the terms of your awarded vendor contract,all vendors must notify and receive approval from Region 4/OMNIA Partners, Public Sector when there is an update in the contract. No request will be officially approved without the prior authorization of Region 4. Region 4 reserves the right to accept or reject any request. Daikin Applied hereby provides notice of the following update to Contract number: R200401 for HVAC Equipment, Installation,Service and Related Products on this date February 14,2022. Instructions:Vendors must check all that may apply and shall provide supporting documentation. Place your initials next to each item to confirm that documents are indeed included. Request received without supporting documentation will be returned. Be sure to sign prior to submitting your update for approval. This form is not intended for use if there is a material change in operations,which may adversely affect members,i.e.assignment,bankruptcy,change of ownership,merger,etc.Please contact a member of the OMNIA Partners Contracting Team to request a"Notice of Material Change to Vendor Contract"form. ❑ Authorized Distributors/Dealers ❑ Price Update Addition Supporting Documentation Deletion Supporting Documentation X Products/Services ❑ Discontinued Products/Services X New Addition Supporting Documentation Update Only Supporting Documentation ❑ States/Territories ❑ Other Supporting Documentation Supporting Documentation Notes:Vendor may include other notes regarding the contract update here: (attach another page if necessary). Daikin Applied requests to add Oxygen 8 to the Indoor Air Quality Products and Devices category. Daikin Applied requests to add HE Williams and Mule Lighting to LED Lighting Products category. Submitted By: Duane Rothstein ® Approved Date 2.15.2022 Title:Vertical Market Manager,Government El Denied Date N/A Contact Number: R200401 eddby: Email Address:duane.rothstein@dail<inapplied.com Region 4 ESC�EL ao � B0130490... 451 DocuSign Envelope ID:8A9394CA-1916-4E44-9670-EEA1A13D12B2 4 + y� fFf"�o Y. io L Request for Vendor Contract Update Pursuant to the terms of your awarded vendor contract,all vendors must notify and receive approval from Region 4/01VINIA Partners, Public Sector when there is an update in the contract. No request will be officially approved without the prior authorization of Region 4. Region 4 reserves the right to accept or reject any request. Daikin Applied hereby provides notice of the following update to Contract number: R200401 for HVAC Equipment, Installation,Service and Related Products on this date March 1,2022. Instructions:Vendors must check all that may apply and shall provide supporting documentation. Place your initials next to each item to confirm that documents are indeed included. Request received without supporting documentation will be returned. Be sure to sign prior to submitting your update for approval. This form is not intended for use if there is a material change in operations,which may adversely affect members,i.e.assignment,bankruptcy,change of ownership,merger,etc.Please contact a member of the OMNIA Partners Contracting Team to request a"Notice of Material Change to Vendor Contract"form. ❑ Authorized Distributors/Dealers X Price Update Addition X Supporting Documentation Deletion Supporting Documentation Products/Services ❑ Discontinued Products/Services New Addition Supporting Documentation Update Only Supporting Documentation El Other ElStates/Territories Supporting Documentation Supporting Documentation Notes:Vendor may include other notes regarding the contract update here: (attach another page if necessary). Daikin Applied requests to increase labor and equipment pricing on the attached pricing documents. Due to the rising costs associated with the pandemic,supply chain,and logistic challenges, Daikin is requesting an increase that will be reassessed in December,2022. Ddikin has been dble to rndintdin labor pricing since the beginning of the L;uritrdL;t(2020)and is requesting a 3%incraaca_ Rut for pricing ralated to anuinmant that has been imnactarl mare by the pandemic Daikin will aithar cuhmlt a new update prior to Dec 31,2020 for Region IV's approval to maintain or change pricing,otherwise pricing will be reverted to today's equipment pricing. Submitted By: Duane Rothstein ❑ Approved Date 3.7.2022 Title:Vertical Market Manager,Government El Denied Date N/A Contact Number:R200401 Docu1Signed by: Email Address: duane.rothstein@dail<inapplied.com Region 4 ECC�OBlDMBB0130490... bu't 452 DocuSign Envelope ID:745CFE37-D10E-40BD-A421-5E5E7A1C72F8 4 + y� fFf"�o Y. io L Request for Vendor Contract Update Pursuant to the terms of your awarded vendor contract,all vendors must notify and receive approval from Region 4/01VINIA Partners, Public Sector when there is an update in the contract. No request will be officially approved without the prior authorization of Region 4. Region 4 reserves the right to accept or reject any request. Daikin Applied hereby provides notice of the following update to Contract number: R200401 for HVAC Equipment, Installation,Service and Related Products on this date April 18,2022. Instructions:Vendors must check all that may apply and shall provide supporting documentation. Place your initials next to each item to confirm that documents are indeed included. Request received without supporting documentation will be returned. Be sure to sign prior to submitting your update for approval. This form is not intended for use if there is a material change in operations,which may adversely affect members,i.e.assignment,bankruptcy,change of ownership,merger,etc.Please contact a member of the OMNIA Partners Contracting Team to request a"Notice of Material Change to Vendor Contract"form. ❑ Authorized Distributors/Dealers ❑ Price Update Addition Supporting Documentation Deletion Supporting Documentation X Products/Services ❑ Discontinued Products/Services X New Addition Supporting Documentation Update Only Supporting Documentation ❑ States/Territories ❑ Other Supporting Documentation Supporting Documentation Notes:Vendor may include other notes regarding the contract update here: (attach another page if necessary). Daikin Applied requests to add Denso Corporation (i.e Movincool and Spotcool)to the HVAC Specialty Products category. Submitted By: Duane Rothstein ❑ Approved Date 4/19/2022 1 1:16 PM CDT ❑ Denied Date Title:Vertical Market Manager,Government Contact Number:R200401 LDOCUSIgned by: Email Address: duane.rothstein@dail<inapplied.com Region 4 ESC: Robert Zingelmann 453 DocuSign Envelope ID:455298E0-2420-476C-9E40-E6A876F17697 4 + y� fFf"�o Y. io L Request for Vendor Contract Update Pursuant to the terms of your awarded vendor contract,all vendors must notify and receive approval from Region 4/01VINIA Partners, Public Sector when there is an update in the contract. No request will be officially approved without the prior authorization of Region 4. Region 4 reserves the right to accept or reject any request. Daikin Applied hereby provides notice of the following update to Contract number: R200401 for HVAC Equipment, Installation,Service and Related Products on this date June 1,2022. Instructions:Vendors must check all that may apply and shall provide supporting documentation. Place your initials next to each item to confirm that documents are indeed included. Request received without supporting documentation will be returned. Be sure to sign prior to submitting your update for approval. This form is not intended for use if there is a material change in operations,which may adversely affect members,i.e.assignment,bankruptcy,change of ownership,merger,etc.Please contact a member of the OMNIA Partners Contracting Team to request a"Notice of Material Change to Vendor Contract"form. X Authorized Distributors/Dealers ❑ Price Update X Addition Supporting Documentation Deletion Supporting Documentation ❑ Products/Services ❑ Discontinued Products/Services New Addition Supporting Documentation Update Only Supporting Documentation Other ElStates/Territories Supporting Documentation Supporting Documentation Notes:Vendor may include other notes regarding the contract update here: (attach another page if necessary). Daikin Applied requests to add Advantage Service Holdings, LLC dba Advantage Service Company as an authorize dealer to our R200401 contract. Advantage Service Company is the service division of Harrison Energy Partners,who is already an approved dealer on our contract. Reminder, Harrison Energy Partners is based in Arkansas. Submitted By: Duane Rothstein ❑ Approved Date 6/1/2022 ❑ Denied Date Title:Vertical Market Manager,Government Contact Number:R200401 DocuSigned by: Email Address: duane.rothstein@dail<inapplied.com Region 4 ES C30EE15BFEF1C4Ct'6... bbt Vf �.1Iti61t,�dMAln tit 454 DocuSign Envelope ID:OE9AE23E-21 C5-42CB-AAB0-9B43A6EDCCAD 4 + I o Y. io y�L Ff" Request for Vendor Contract Update Pursuant to the terms of your awarded vendor contract,all vendors must notify and receive approval from Region 4/01VINIA Partners, Public Sector when there is an update in the contract. No request will be officially approved without the prior authorization of Region 4. Region 4 reserves the right to accept or reject any request. Daikin Applied hereby provides notice of the following update to Contract number: R200401 for HVAC Equipment, Installation,Service and Related Products on this date November 21,2022. Instructions:Vendors must check all that may apply and shall provide supporting documentation. Place your initials next to each item to confirm that documents are indeed included. Request received without supporting documentation will be returned. Be sure to sign prior to submitting your update for approval. This form is not intended for use if there is a material change in operations,which may adversely affect members,i.e.assignment,bankruptcy,change of ownership,merger,etc.Please contact a member of the OMNIA Partners Contracting Team to request a"Notice of Material Change to Vendor Contract"form. ❑ Authorized Distributors/Dealers X Price Update Addition X Supporting Documentation Deletion Supporting Documentation Products/Services ❑ Discontinued Products/Services New Addition Supporting Documentation Update Only Supporting Documentation El Other ElStates/Territories Supporting Documentation Supporting Documentation Notes:Vendor may include other notes regarding the contract update here: (attach another page if necessary). Daikin Applied is requesting a pricing update due to market conditions described in the justification documents. Daikin continues to monitor the market and assess pricing to our customers on an ongoing basis. We commit to revisiting these items regularly to ensure pricing is market relevant and represents the best value to Region 4 customers. Re-assessment of prices will be performed in June 2023 at which time if prices need to remain(or change),a new contract updated will be re-submitted. The equipment lists shows discount per product line,the average increase is 5%. The labor increase is 5%for all locations and categories. Finally,Daikin is requesting to add a new category for Warranty,Risk and Contingency and will be limited to no more than 10%of total purchase price. Submitted By: Keela Bakken ® Approved Date 12.12.2022 Title: Director, National Accounts ❑ Denied Date N/A Contact Number:R200401 DocuSigned by: Email Address: I<sale,bal<I<en@dail<inapplied,com Region 4 EC Ilndtt ltti,aln ln, 0B1 D33BB0130490... 455 DocuSign Envelope ID:A9C9F895-DEA6-42EE-B09E-0065A82FEB74 4 + y� fFf"�o Y. io L Request for Vendor Contract Update Pursuant to the terms of your awarded vendor contract,all vendors must notify and receive approval from Region 4/01VINIA Partners, Public Sector when there is an update in the contract. No request will be officially approved without the prior authorization of Region 4. Region 4 reserves the right to accept or reject any request. Daikin Applied hereby provides notice of the following update to Contract number: R200401 for HVAC Equipment, Installation,Service and Related Products on this date November 21,2022. Instructions:Vendors must check all that may apply and shall provide supporting documentation. Place your initials next to each item to confirm that documents are indeed included. Request received without supporting documentation will be returned. Be sure to sign prior to submitting your update for approval. This form is not intended for use if there is a material change in operations,which may adversely affect members,i.e.assignment,bankruptcy,change of ownership,merger,etc.Please contact a member of the OMNIA Partners Contracting Team to request a"Notice of Material Change to Vendor Contract"form. ❑ Authorized Distributors/Dealers Price Update Addition Supporting Documentation Deletion Supporting Documentation X Products/Services Discontinued Products/Services Supporting Documentation KB New Addition Update Only KB Supporting Documentation ❑ Other ❑ States/Territories Supporting Documentation Supporting Documentation Notes:Vendor may include other notes regarding the contract update here: (attach another page if necessary). Daikin Applied has acquired and is majority owner of CM3 Building Solutions,Inc.(CM3)based in Fort Washington,PA. CM3 compliments Daikin Applied products and services by providing full comprehensive integration of these products as well Long-term facility modernization and energy efficiency planning. These capabilities include energy services,building services, HVAC mechanical services,security services and communication services. Please see attached summary for further detail. Submitted By: Keela Bakken ® Approved Date 2.14.2023 Title: Director, National Accounts ❑ Denied Date N/A Contact Number:R200401 DocuSigned by: Email Address: keela.bakken@daikinapplied.com Region 4 A4al&,ln, OB1D33BB0130490... 456 DocuSign Envelope ID:A9C9F895-DEA6-42EE-B09E-0065A82FEB74 C M BUILDING SOLUTIONS a member of DA/K/N group INTRODUCTION Established in 2003, CM3 Building Solutions, Inc. (CM3) is a leading Energy Services Company based in Fort Washington, PA. With 165+employees across four divisions, CM3 is uniquely positioned to provide comprehensive energy services.The company has completed over$500 million dollars in Guaranteed Energy Savings Program performance contracts and possesses an engineering and project management team with 175+ years of collective experience in the performance contracting arena. A leading, regional integrator of building systems and services, CM3 delivers facility modernization and energy efficient solutions for public and private entities of various sizes, from small buildings to large complexes. Our approach is to serve as "Energy Consultant" for our customers, looking strategically beyond the project at hand to deliver long-term facility modernization goals and energy efficiency planning. Installing Performance Contracts ranging from $200K to+$30 Million, we have conducted as many as 8 phases with a single customer, and 70%of our customers have requested our services for multiple project phases. CAPABILITIES CM3 provides a complete portfolio of building technologies and systems, across five divisions: • I-'NIIf-'II G7 SIIfE'I VIIICIIfES With a focus on energy savings performance contracting, CM3 designs and installs energy reducing solutions which assist in funding large capital improvements to buildings.This includes initial site assessment through design and implementation with an emphasis on providing a single point of contact for the project entirety and on leveraging local contractors and suppliers as appropriate to channel revenue into the local economy. Additional energy services including retro-commissioning and monitor-based commissioning. • ISUIIIIII...II[))IiING SIIfE'I VIIICIIfES Leveraging 40 years' in the building controls industry, CM3 installs fully integrated building automation systems, utilizing all major protocols. As a Schneider Electric Master EcoXpert, CM3 provides experienced installation and service for most leading building controls manufacturers. • HVAC & IIIVIIIIECIIHAN iCAIIIi SIIfE'I VIIICIIfES With 700+ HVAC maintenance customers and a 98%+annual renewal rate, CM3 provides scheduled and emergency maintenance, as well as repairs, replacements and retrofits for existing Building Automation Systems, HVAC, and Mechanical Systems. CM3 maintains a fleet of 85+technicians, each with a service vehicle, a 24-hour answering service, and a warehouse of building controls parts. • S IIE C U llR llli"III""7 SIIfE'I VIIICIIfES The Security Services division of CM3 designs, installs, upgrades, and maintains security and life safety solutions, including access control, fire alarms,video surveillance, intrusion detection, paging, and mass communication systems.The company focuses on delivering proactive, fully integrated solutions that leverage existing infrastructure, while utilizing open protocol solutions that enable future flexibility and scalability. • C0 VIIIIIVIIUN iCA""III""IIIi0 N SIIfE'I VIIICIIfES CM3 provides information technology and communication services for on-site and cloud-hosted communications devices (phones and computers), as well as other communications technologies, such as e- fax, SIP, VoIP, and UCaaS. New installations, service contracts, troubleshooting, information security programs, and emergency repairs are offered, as is a 24-hour helpline. 457 DocuSign Envelope ID:A9C9F895-DEA6-42EE-B09E-0065A82FEB74 C M BUILDING SOLUTIONS a member of DA/K/N group QUALIFICATIONS CM3 has the qualifications, experience, and staff to fully develop and support energy services projects. With an average tenure of 20 years each,the team includes professional engineers, project managers, construction engineers, and energy specialists who have experience in all phases of project management, construction, and service. In addition to individual credentials and experience, CM3 holds several credentials which demonstrate its expertise as an Energy Services Company: 0\43 is ai n a inert y Miry ce 0\43 is approved by the 0\43 is ulna.^ Of OlNY flOUir coin npainy rr'nerr'nlber of the Depairtirneint of Energy as a Peinln Myllvainila..1ba ed rflafloiflc"III c"a ocllafloifl of C�,Uah led Energy au'eirvIIce a coin npaiflIe a who lrc"nlJe lu'➢Q'"ein a.^Ira^rgy eirvice coirrnlpainie, Coirr'npainy and is tIheira^Iby approved by the Da^Ipairtirrnein and 0\43'M Vila.^ PIra.^Mildeint, a.^.Ilili illlufle to Ipeir orrrn Energy of Energy to be oin tIlr61r Jahn --�6III stein, serves oifl the a:'wc"vl iflga Peirforrr'nai ce C�.Uah led �. at of Energy Board of MirQ"C;tor's. Cointiracfing at IFQ'"deir'c"III arQ'"Irv\ ce a Coirr'npaInIe a. c gei flcIe s. ENERGY SERVICES DIVISION The Energy Services Division at CM3 is entirely focused on delivering energy savings solutions to public and private entities. Because we do not represent any single product or solution, we are able to curate the best products, technologies, and services for each unique project. Our solutions have included: HVAC SYS""III""IIf-'IIIVIIS I-'ISWIIfE R GY S0yIi...UIIII""III0yN S S IIE C U R IIIi"III""y SYSIIIi"If-'IIIVIIS Air Conditioning Fuel Conversion Access Control Chiller Monitor-Based Commissioning Video Surveillance Central Plant Energy Management Systems Public Address Boiler Onsite Energy Generation Intrusion Detection Installations Electrical Infrastructure Emergency Help Points Retrofit Solar/Geothermal Lockdown Solutions Repair Vape Detection Retro-commissioning I-'S S IIfE III IlwF LI IN IlD S 0 III...LI""III""III 0 IN S S LI III III...IlD III IN G IIfE IN V IIfE III...0 P IIfE 0""III""IIH IIfE III III VI P III 0V IIfE IIVI IIfE IN""III""S HVAC Modernization Building Envelope Domestic Hot Water Indoor Air Quality Systems Roof/Windows/ Doors Water Conservation Roof Repair/ Replacement IT/Phones Occupancy Tracking Systems ILiIIiGIIHIII""IIIISWG Paving Touchless Access Control Interior/ Exterior/Athletic Landscaping 458 DocuSign Envelope ID: B88FD9B2-3038-488A-B70A-EC7347F84806 4 + J o Y. io y�L Ff" Request for Vendor Contract Update Pursuant to the terms of your awarded vendor contract,all vendors must notify and receive approval from Region 4/01VINIA Partners, Public Sector when there is an update in the contract. No request will be officially approved without the prior authorization of Region 4. Region 4 reserves the right to accept or reject any request. Daikin Applied hereby provides notice of the following update to Contract number: R200401 for HVAC Equipment, Installation,Service and Related Products on this date November 21,2022. Instructions:Vendors must check all that may apply and shall provide supporting documentation. Place your initials next to each item to confirm that documents are indeed included. Request received without supporting documentation will be returned. Be sure to sign prior to submitting your update for approval. This form is not intended for use if there is a material change in operations,which may adversely affect members,i.e.assignment,bankruptcy,change of ownership,merger,etc.Please contact a member of the OMNIA Partners Contracting Team to request a"Notice of Material Change to Vendor Contract"form. ❑ Authorized Distributors/Dealers Price Update Addition Supporting Documentation Deletion Supporting Documentation Products/Services X Discontinued Products/Services Supporting Documentation New Addition Update Only Supporting Documentation ❑ Other ❑ States/Territories Supporting Documentation Supporting Documentation Notes:Vendor may include other notes regarding the contract update here: (attach another page if necessary). When this contract was established,Daikin Applied offer a prepay discount offer to key customers.However,given the change In financial climate and the availability of low cost money for customers, we found this program was no longer of value to our Customers so have abandoned the program. We do not expect this to have any adverse affect on any OMNIA clients as this Program has not been utilized at any time.Requesting to formally remove from contract,located under Payment Terms page 11. Submitted By: Keela Bakken ❑X Approved Date 3.6.2023 Title: Director, National Accounts ❑ Denied Date N/A Contact Number: R200401 DocuSigned by: Email Address: I<eela.bal<I<en@daikinapplied.com Region 4ESC:1_K0B1D33BB0130490. b�tA S AJAIn, . 459 DocuSign Envelope ID:452C779C-FC4D-4519-AE6B-19F1 B835FFAA �jj k)region4" ', Request for Vendor Contract Update Pursuant to the terms of your awarded vendor contract,all vendors must notify and receive approval from Region 4/01VINIA Partners, Public Sector when there is an update in the contract. No request will be officially approved without the prior authorization of Region 4. Region 4 reserves the right to accept or reject any request. Daikin Applied hereby provides notice of the following update to Contract number: R200401 for HVAC Equipment, Installation,Service and Related Products on this date August 22, 2023. Instructions: Vendors must check all that may apply and shall provide supporting documentation. Place your initials next to each item to confirm that documents are indeed included. Request received without supporting documentation will be returned. Be sure to sign prior to submitting your update for approval. This form is not intended for use if there is a material change in operations,which may adversely affect members,i.e.assignment,bankruptcy,change of ownership,merger,etc.Please contact a member of the OMNIA Partners Contracting Team to request a"Notice of Material Change to Vendor Contract"form. ❑ Authorized Distributors/Dealers X Price Update Addition Supporting Documentation Deletion Supporting Documentation El Products/Services ElDiscontinued Products/Services Supporting Documentation New Addition Update Only Supporting Documentation Other ❑ States/Territories Supporting Documentation Supporting Documentation Notes:Vendor may include other notes regarding the contract update here: (attach another page if necessary). Daikin Applied is requesting a pricing update on labor and materials to align with market conditions.Daikin continues to monitor the market and assess pricing to our customers on an ongoing basis.We commit to revisiting these items regularly to ensure pricing is market relevant and represents the best value to Region 4 customers.Re-assessment of prices will be performed in December 2023 at which time if prices need to remain(or change),a new contract updated will be submitted. Submitted By: Greg Coffman ElApproved Date 9/18/2023 1 5:13 PM CDT ❑ Denied Date Title: Government Cooperative Sales Manager Contact Number:R200401 DocuSigned by: Email Address:gregecoffmandaikinappliedecom Region 4 ESC: eaavrsaa Robert Zingelmann 460 r iOl l4 7145 West Tidwell Road - Houston, Texas 77092 (713)-462-7708 www.esc4.net NOTICE TO OFFEROR Solicitation Number 20-04 Request for Proposal ("RFP") by Region 4 Education Service Center ("ESC") for HVAC Equipment, Installation, Service & Related Products SUBMITTAL DEADLINE: Tuesday, March 24, 2020, 2:00 PM CENTRAL TIME Questions regarding this RFP must be submitted in writing to Crystal Wallace, Business Operations Specialist, at questions aesc4.net no later than March 5, 2020. All questions and answers will be posted to https://wwweesc4.net/services/purchasing/region-4-omnia-solicitations. Offerors are responsible for viewing the website to review all questions and answers prior to submitting proposals. Oral communications concerning this RFP shall not be binding and shall in no way excuse an Offeror of the obligations set forth in this proposal. Proposals must be sealed, prominently marked with the RFP solicitation number, RFP title, RFP opening time/date and name of Offeror. Submissions must be received by the Region 4 ESC office at: 7145 West Tidwell Road, Houston, TX 77092 no later than 2:00 p.m. central time. Proposals received prior to the submittal deadline will be time-stamped upon receipt and kept secure and unopened. At the submittal deadline, Region 4 ESC will collect all proposals received before the deadline in the room designated for the proposal opening. Proposals will be opened and recorded publicly. Any proposal received later than the specified time, whether delivered in person, courier or mailed, will not be considered. Late proposals will be returned to sender unopened. NON-MANDATORY PRE-PROPOSAL CONFERENCE Offerors are strongly encouraged, but not required to participate in a pre-proposal conference with the Business Operations Specialist,which will be held on March 3, 2020, 2020 at 10:00am in the Region 4 ESC offices located at 7145 West Tidwell Road, Houston Texas 77092. To attend the conference, potential Offeror must notify Crystal Wallace, Business Operations Specialist, at cwallace esc4.net, by February 26,2020. Offeror's who are unable to attend in person but would like to call in must also send an email to request call in instructions. The purpose of this conference is to clarify the contents of this RFP in order to prevent any misunderstanding of Region 4 ESC's position. Any doubt as to the requirements of this RFP or any apparent omission or discrepancy should be presented to Region 4 ESC at this conference. Region 4 ESC will then determine the appropriate action necessary, if any, and may issue a written addendum to the RFP. Oral statements or instructions will not constitute an addendum to this RFP. Publication Date: February 13, 2020 461 I. SCOPE OF WORK Region 4 Education Service Center ("Region 4 ESC") requests proposals from qualified suppliers with the intent to enter into a Contract for HVAC Equipment, Installation, Services, & Related Services. Region 4 ESC is seeking a provider that has the depth, breadth and quality of resources necessary to complete all phases of the Contract. Awarded Offeror(s) shall deliver products and services under the terms of this agreement. While this solicitation specifically covers HVAC Equipment, Installation, Services, & Related Services, each awarded Offeror may offer their complete product and service offering, or balance of line. Region 4 ESC reserves the right to accept or reject any or all balance of line items offered. Region 4 ESC is an education service center established by the Texas Legislature in 1967 to assist school districts and charter schools in improving efficiencies. Region 4 ESC directly serves a seven-county area comprised of 48 public school districts and 39 open-enrollment charter schools, representing more than 1.2 million students, 99,000 educators and 1,500 campuses. Through cooperative contracts Region 4 ESC extends the opportunity to operate more efficiently and economically to agencies nationwide through OMNIA Partners (see below). The Contract is based on the need to provide the economic benefits of volume purchasing and reduction in administrative costs through cooperative purchasing to schools and other members. Although the awarded Offeror(s) may restrict sales to certain public units (for example, state agencies or local government units), any proposal that prohibits sales from being made to public school districts may not be considered. Sales without restriction are preferred. These types of contracts are commonly referred to as being "piggybackable." NATIONAL CONTRACT Region 4 ESC as the Principal Procurement Agency, defined in ATTACHMENT D has partnered with OMNIA Partners, Public Sector ("OMNIA Partners") to make the resultant contract (also known as the "Master Agreement' in materials distributed by OMNIA Partners) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies"), through OMNIA Partners' cooperative purchasing program. Region 4 ESC is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners (a "Participating Public Agency") and by using the Master Agreement, any such Participating Public Agency agrees that it is registered with OMNIA Partners, whether pursuant to the terms of a Master Intergovernmental Purchasing Cooperative Agreement, a form of which is attached hereto on ATTACHMENT D or as otherwise agreed to. ATTACHMENT D contains additional information about OMNIA Partners and the cooperative purchasing program. OMNIA Partners is the largest and most experienced purchasing organization for public and private sector procurement. Through the economies of scale created by OMNIA Partners public sector subsidiaries and affiliates, National IPA and U.S. Communities, our participants now have access to more competitively solicited and publicly awarded cooperative agreements. The lead agency contracting process continues to be the foundation on which we are founded. OMNIA Partners is proud to offer more value and resources to state and local government, higher education, K-12 education and non-profits. RFP Page 2 462 OMNIA Partners provides shared services and supply chain optimization to government, education and the private sector. With corporate, pricing and sales commitments from the Supplier, OMNIA Partners provides marketing and administrative support for the Supplier that directly promotes the Supplier's products and services to Participating Public Agencies though multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. Participating Public Agencies benefit from pricing based on aggregate spend and the convenience of a contract that has already been advertised and publicly competed. The Supplier benefits from a contract that generally allows Participating Public Agencies to directly purchase goods and services without the Supplier's need to respond to additional competitive solicitations. As such, the Supplier must be able to accommodate a nationwide demand for services and to fulfill obligations as a nationwide Supplier and respond to the OMNIA Partners documents (ATTACHMENT D). While no minimum volume is guaranteed to the Contractor, the estimated annual volume of HVAC Equipment, Installation, Services & Related Services purchased under the Master Agreement through OMNIA Partners is approximately $15 million. This projection is based on the current annual volumes among Region 4 ESC, other Participating Public Agencies anticipated to utilize the resulting Master Agreement to be made available to them through OMNIA Partners, and volume growth into other Public Agencies through a coordinated marketing approach between the Contractor and OMNIA Partners. Customer Support Contractor shall provide timely and accurate technical advice and sales support to Region 4 ESC staff and Participating Agencies. Contractor shall respond to such requests within one (1) working day after receipt of the request. PRODUCT, SERVICE SPECIFICATION AND SCOPE OF WORK It is the intention of Region 4 ESC to establish a contract with vendor(s) for HVAC Equipment, Installation, Service, & Related Products. Awarded vendor(s) shall provide products and perform covered services under the terms of this agreement. Offerors shall provide pricing based on a discount from a manufacturer's price list or catalog, or fixed price, or a combination of both with indefinite quantities.Additional pricing and/or discounts may be included. If Offeror has existing cooperative contracts in place, Offeror is requested to submit pricing equal or better than those that are in place. Multiple percentage discount structure is also acceptable. Please specify where different percentage discounts apply. Each service proposed is to be priced separately with all ineligible items identified. Services may be awarded to multiple vendors. Offerors may elect to limit their proposals to a single service within any category, or multiple services within any or all categories. While this solicitation specifically covers HVAC Equipment, Installation, Service, & Related Products, respondents are encouraged to submit an offering on any and all products or services available that they currently perform in their normal course of business. The scope of this RFP shall include but not limited to the following Product and Services Categories: • HVAC Refrigeration - Rotary, Centrifugal, Scroll, Reciprocating, Absorption RFP Page 3 463 • Indoor Air Quality Products and Devices -Active polarization, non-ionizing, electronic air cleaning systems intended to replace passive filtration, any other • Unitary - rooftops, split systems, VRFs, Heat Pumps, PTACs, water-source, mini-splits • Air handling - central station-manufactured or custom makeup air, fan, filter, coil sections • Air Terminal Devices and Heating Products - VAV, Fan Coils, Unit Ventilators, Unit Heaters, Fin Tube Radiation/Convectors • LED Lighting Products —area lighting, bulbs, fixtures, other • DDC Controls - core components, end devices, lighting, panels • Cooling Towers Type- open, closed, evaporative, other • Pumps Type- single stage, split case, end suction, inline, circulator, turbines • Invertors • Boilers &Water Heaters - modulating, condensing, cast iron, water tube, packaged and other • HVAC Specialty Products - modular, outside/inside, S&T Heat Recovery, Humidity Control, Heat Wheel, Heat Pipe, Heat Exchangers • Equipment Parts and Supplies - manufactured parts, emergency parts service, miscellaneous material and supplies and other • Startup & Commissioning Services - equipment startups, system checkouts, control verification, retro commissioning, M & V verifications, rebate auditing, other • Service & Maintenance - preventative and full maintenance contracts, man-at attendance, remote monitoring, annuals, emergency services, regulatory compliance, cleaning (e.g., duct, coils and filters), scheduled maintenance (e.g., oil, chemical and vibration analysis) and other • Installation and Turnkey Contracting - retrofit, new construction, energy retrofit, controls new- and upgrade and other • Warranty Services - Extended parts & labor (define maximum number of years available), delayed start-up and other • Energy Services -Energy Tracking, Energy Analysis, Evaluation of Potential Upgrades, demand response, rebates and other • Equipment Rentals -chillers, pumps, transformers, terminal units, generators, cooling towers, packaged unitary and other RFP Page 4 464 • Financial Services - leasing, prompt and pre-payment discounts, guaranteed savings and other • Professional Services - Project Management and other • Site Surveys - Equipment, system analysis, operational, and other • Balance of line— include all other products and services offered II. CALENDAR OF EVENTS (ALL DATES ARE TENTATIVE AND SUBJECT TO CHANGE): Event Date Issue RFP February 13, 2020 Pre-proposal Conference March 3, 2020 Deadline for receipt of questions via email March 5, 2020 Issue Addenda (if required) TBD Proposal Due Date March 24, 2020 Approval from Region 4 ESC June 23, 2020 Contract Effective Date October 1, 2020 RFP Page 5 465 III. INSTRUCTIONS TO OFFERORS 1. Key Definitions Contract: The legal agreement executed between Region 4 ESC and the awarded Offeror. A draft of the Contract is provided as Appendix A. Contractor: Any provider or seller of goods or services who, as a result of the competitive solicitation process, is awarded a Contract by Region 4 ESC. Days: calendar days Offeror: A supplier submitting a proposal in response to a solicitation. 2. Inquiries and Discrepancies: Questions regarding this solicitation must be submitted in writing to Crystal Wallace, Business Operations Specialist, at guestionsesc4.net no later than February 28, 2020. All questions and answers will be posted to https://www.esc4.net/services/purchasing/region®4-omnia®solicitations. Offerors are responsible for viewing the website to review all questions and answers prior to submitting proposals. Oral communications concerning this RFP shall not be binding and shall in no way excuse an Offeror of the obligations set forth in this proposal. 3. Restricted and Prohibited Communications with Region 4 ESC: During the period between the date Region 4 ESC issues this RFP and the selection of the Contractor by Region 4 ESC, if any, Offerors shall restrict all contact with Region 4 ESC and direct all questions regarding this RFP, including questions regarding terms and conditions, only to the individual identified above in section "Inquiries and Discrepancies" in the specified manner. Do not contact members of the Board of Directors, other employees of Region 4 ESC or any of Region 4 ESC's agents or administrators. Contact with any of these prohibited individuals after issuance of this RFP and before selection is made, may result in disqualification of the Offeror. The communications prohibition shall terminate when the Contract is recommended by the administration, considered by the Board of Directors at a noticed public meeting, and the Contract has been awarded. In the event the Board of Directors refers the recommendation back to staff for reconsideration, the communications prohibition shall continue. Additionally, during the time period between the award of the Contract by the Board of Directors and the execution of the Contract, Offerors shall not engage in any prohibited communications as described in this section. Prohibited communications includes direct contact, discussion, or promotion of any Offeror's response with any member of Region 4 ESC's Board of Directors or employees except for communications with Region 4 ESC's designated representative as set forth in this RFP and only in the course of inquiries, briefings, interviews, or presentations. This prohibition is intended to create a level playing field for all potential Offerors, assure that decisions are made in public, and to protect the integrity of the RFP process. Except as provided in the above stated exceptions, the following communications regarding this RFP are prohibited: • Communications between a potential Offeror, Offeror, their lobbyist or consultant and any member of Region 4 ESC's Board of Directors; • Communications between any Region 4 ESC Director and any member of a selection or evaluation committee; and • Communications between any Region 4 ESC Director and administrator or employee. The communications prohibition shall not apply to the following: RFP Page 6 466 • Communications with Region 4 ESC's purchasing staff specifically named and authorized to conduct and receive such communications under this RFP or upon the request of Region 4 ESC, with Region 4 ESC's legal counsel; and • Presentations made to the Board of Directors during any duly noticed public meeting. Nothing contained herein shall prohibit any person or entity from publicly addressing Region 4 ESC's Board of Directors during any duly noticed public meeting, in accordance with applicable Board policies, on a matter other than this RFP or in connection with a presentation requested by Region 4 ESC's representatives. 4. Current products: Proposals shall be for new materials and equipment in current production and marketed to the general public, education and government agencies at the time the proposal is submitted. 5. Proposal Format: Proposals must contain two (2) bound and signed original copies of the solicitation, and two (2) electronic copies on flash drives shall be provided. Offeror must also submit two (2) electronic proposals free of propriety information to be posted, if awarded a Contract. Only sealed responses will be accepted. Faxed or electronically transmitted responses will not be accepted. Sealed responses may be submitted on any or all items, unless stated otherwise. Responses must be provided in a three-ring binder or report cover using 8.5 x 11 paper clearly identified with the name of the Offeror's company and the solicitation name and number on both the outside front cover and vertical spine. Tabs should be used to separate the proposal into sections. The following items identified must be included behind the tabs listed below. Each section should contain both the section of the RFP referenced and the Offeror's response to that section. Offerors failing to organize in the manner listed may be considered non-responsive and may not be evaluated. 6. Binder Tabs: Tab 1 — Draft Contract and Offer and Contract Signature Form (Appendix A) a. Terms and Conditions Acceptance Form (Appendix B) Tab 2 — Products/Pricing Tab 3 — Performance Capability a. OMNIA Partners documents (Appendix D) Tab 4 —Qualification and Experience a. References Tab 5 —Value Add Tab 6 —Additional Required Documents (Appendix C) RFP Page 7 467 a. Acknowledgment and Acceptance of Region 4 ESC's Open Records Policy (Appendix C, Doc#1) b. Antitrust Certification Statement (Tex. Government Code § 2155.005) (Appendix C, Doc#2) c. Implementation of House Bill 1295 Certificate of Interested Parties (Form 1295) (Appendix C, Doc#3) d. Texas Government Code 2270 Verification Form (Appendix C, Doc#4) e. Any additional agreements Offeror will require Participating Agencies to sign 7. Additional Agreements: If an Offeror requires additional agreements, a copy of the proposed agreement must be included with the proposal. 8. Open Records Policy: Proposals submitted in response to this RFP become a matter of public record subject to release after Contracts are executed. If an Offeror believes its response, or parts of its response, may be exempt from disclosure, the Offeror must specify page-by-page and line-by-line the parts of the response, which it believes, are exempt. In addition, the Offeror must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s). Offeror must provide this information on the"Acknowledgement and Acceptance of Region 4 ESC's Open Records Policy" (Appendix C, Doc #1). Any unmarked information will be considered public information and released, if requested under the Public Information Act. Price is not confidential and will not be withheld. The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 4 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the Offeror are not acceptable. Region 4 ESC must comply with the opinions of the OAG. Region 4 ESC assumes no responsibility for asserting legal arguments on behalf of any Offeror or Contractor. Offeror is advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information. After completion of award, these documents will be available for public inspection. 9. Disclosures: By signing the Offer and Contract Signature Form, Offeror affirms: a) Offeror has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this proposal and any subsequent Contract. Offerors must include a complete description of any and all relationships that might be considered a conflict of interest in doing business with Region 4 ESC. b) To the best of Offeror's knowledge, the proposal has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other Offerors or potential Offerors in the award of a Contract resulting from this RFP. c) Offeror is not currently delinquent in the payment of any franchise taxes. RFP Page 8 468 d) The individual signing the submittal is an authorized agent for the Offeror and has the authority to bind the Offeror to the Contract. 10. Waiver: By submitting a proposal, Offeror expressly agrees to waive any claim it has or may have against Region 4 ESC, its directors, officers, its trustees, or agents arising out of or in connection with (1) the administration, evaluation, recommendation of any proposal; (2) any requirements under the solicitation, proposal package, or related documents; (3) the rejection of any proposal or any part of any proposal; and/or (4) the award of a Contract, if any. Region 4 ESC shall not be responsible or liable for any costs incurred by Offerors or the successful Offeror in connection with responding to the RFP, preparing for oral presentations, preparing and submitting a proposal, entering or negotiating the terms of a Contract, or any other expenses incurred by an Offeror. The Offeror is wholly responsible for any such costs and expenses and shall not be reimbursed in any manner by Region 4 ESC. 11. Conditions of Submitting Proposal: Submission of a proposal confers no right on an Offeror to an award or Contract. Region 4 ESC, in its sole discretion and for any reason or no reason, reserves the rights to reject any or all proposals, accept only a part of any proposal, accept the proposal deemed most advantageous to Region 4 ESC, and waive any technicalities. The issuance of this RFP does not obligate Region 4 ESC to make an award or negotiate or execute a Contract. Prior to submission due date and time, Region 4 ESC reserves the right to amend the terms and provisions of the RFP, extend the deadline for submission of proposals, or withdraw the RFP entirely for any reason solely at Region 4 ESC's discretion. A proposal may be rejected if it fails to meet any requirement of this RFP. 12. Mailing of Proposals: All proposals submitted in response to the solicitation must be clearly identified as listed below with the solicitation number, title, name and address of the company responding. All packages must be clearly identified as listed below, sealed and delivered to the Region 4 ESC office no later than the submittal deadline assigned for this solicitation. From Company Address City, State, Zip Solicitation Name and Number Due Date and Time 13. Amendment of Proposal: A proposal may be amended prior to the time of opening by submitting a sealed letter to the location indicated on the front page of this solicitation. 14. Withdrawal of Proposals: Withdrawal of proposals prior to the opening date will be permitted by a written letter or electronic mail from the Offeror. Telephonic or oral withdrawals shall not be considered. After the opening date consideration may be given in cases where Offeror advises that it made a clerical error that is substantially lower than it intended. In such case, Offeror must provide written notice of their desire to withdraw, along with supporting documents, within 3 business days of receiving the acceptance letter or of being requested by Region 4 ESC for clarification of the proposal,whichever is later. Any Contract entered into prior to Region 4 ESC receiving notice must be honored. No Offeror should assume their RFP Page 9 469 withdrawal request has been accepted unless, and until, they receive written acknowledgment and acceptance of their proposal withdrawal. 15. Offer and Acceptance Period: In order to allow for an adequate evaluation, Region 4 ESC requires a proposal in response to this RFP to be valid and irrevocable for one-hundred twenty (120) days after the proposal due date and time. 16. Non-Responsive Proposals: All proposals will be reviewed for responsiveness to the material requirements of the solicitation. A proposal that is not materially responsive shall not be eligible for further consideration for award of the Contract, and the Offeror shall receive notice of the non-award of its proposal. 17. Discussions: Region 4 ESC reserves the right to conduct discussion with Offerors for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the proposal in order to clarify a proposal and assure full understanding of, and responsiveness to, the RFP requirements. 18. Negotiations: In the event Region 4 ESC decides to conduct negotiations, exclusive or concurrent negotiations may be conducted with Offerors reasonably susceptible for award. During the course of negotiations, no Offeror's proposal, including pricing, shall be revealed to any other Offeror or to any other person who is not involved with the evaluation process. Exclusive or concurrent negotiations shall not constitute a Contract award, nor shall it confer any property rights to the successful Offeror. In the event Region 4 ESC deems negotiations are not progressing, Region 4 ESC may formally terminate these negotiations and may enter into subsequent exclusive or concurrent negotiations with the next most qualified Offeror(s). 19. Best and Final Offer: Region 4 ESC, in its sole discretion, may request Offerors reasonably susceptible for award to submit a Best and Final Offer. Offerors must submit their Best and Final Offers in writing. If an Offeror does not respond to the request for a Best and Final Offer, that Offeror's most recent prior submission will be considered its Best and Final Offer. 20. Specifications: When a solicitation contains a specification that states no substitutions, no deviation from this requirement will be permitted. Offeror must comply with the true intent of the specifications and drawings and not take advantage of any unintentional error or omission. In cases where no type and kind of product is specified, specifications have been developed to indicate minimal standards as to the usage, materials, and contents based on the needs of the members. References to manufacturer's specifications ("Design Guides"), when used by Region 4 ESC, are to be considered informative to give the Offeror information as to the general style, type and kind requested. Responses proposing goods, materials or equipment regularly produced by a reputable manufacturer shall be evaluated by Region 4 ESC which will, in its sole discretion, determine whether such proposed goods, materials or equipment are substantially equivalent to the Design Guides, considering quality,workmanship, economy of operation, and suitability for the purpose intended. Offerors should include all documentation required to evaluate whether or not their proposed goods, materials or equipment are substantially equivalent to the Design Guides. 21. Quality of Materials or Services: Offeror shall state the brand name and number of the materials being provided. If none is indicated, it is understood that the Offeror is proposing the exact brand name and number specified or mentioned in the solicitation. However, unless specifically stated otherwise, comparable substitutions will be permitted in cases where the material is equal to that specified, considering quality, workmanship, economy of operation and suitability for the purpose intended. RFP Page 10 470 22. Samples: Upon request, samples shall be furnished, free of cost, within seven (7) days after receiving notice of such request. By submitting the proposal Offeror certifies that all materials conform to all applicable requirements of this solicitation and of those required by law. Offeror agrees to bear the costs for laboratory testing, if results show the sample does not comply with solicitation requirements. Submissions may no longer be considered for failing to submit samples as requested. 23. Formation of Contract: A response to this solicitation is an offer to contract with Region 4 ESC based upon the terms, conditions, Scope of Work, and specifications contained in this request. A solicitation does not become a Contract until it is awarded by Region 4 ESC. A Contract is formed when Region 4 ESC's board signs the Offer and Contract Signature Form. The signed Offer and Contract Signature Form provided with the RFP response eliminates the need for a formal signing process. 24. Multiple Awards: Region 4 ESC reserves the right to award Contract(s) to multiple Offerors. The decision to award multiple Contracts, award only one Contract, or to make no awards rests solely with Region 4 ESC. 25. Non-Exclusive: Any Contract resulting from this solicitation shall be awarded with the understanding and agreement it is for the sole convenience and benefit of Region 4 ESC. Region 4 ESC reserves the right to obtain like goods and services from other sources. 26. Protest Procedure: Any protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm Central Time. No protest shall lie for a claim that the selected Offeror is not a responsible Offeror. Protests shall be filed with Robert Zingelmann, Chief Financial Officer, Finance and Operations Services, and sent to the Region 4 ESC office at: 7145 West Tidwell Road, Houston, TX 77092. Protests shall include the following: a) Name, address and telephone number of protester; b) Original signature of protester or its representative; c) Identification of the solicitation by RFP number; d) Detailed statement of legal and factual grounds including copies of relevant documents; and e) the form of relief requested. Any protest review and action shall be considered final with no further formalities being considered. RFP Page 11 471 IV. EVALUATION PROCESS AND CRITERIA 1. A committee will review and evaluate all responses and make a recommendation for award of Contract(s). The recommendation for Contract awards will be based on the predetermined criteria factors outlined in this section, where each factor is assigned a point value based on its importance. In evaluating the responses, the following predetermined criteria is considered: a) Products/Pricing (40 Points) b) Performance Capability (30 Points) c) Qualification and Experience (20 Points) d) Value Add (10 Points) 2. Offeror's proposal should, at a minimum, include the following for Region 4 ESC's evaluation: a) Products/Services/Pricing i. Offerors shall provide pricing based on a discount from a manufacturer's price list or catalog, or fixed price, or a combination of both with indefinite quantities. Prices listed will be used to establish the extent of a manufacturer's product lines, services, warranties, etc. that are available from Offeror and the pricing per item. Multiple percentage discounts are acceptable if, where different percentage discounts apply, the different percentages are specified. Additional pricing and/or discounts may be included. Products and services proposed are to be priced separately with all ineligible items identified. Offerors may elect to limit their proposals to any category or categories. • Complete Pricing information ■ Provide equipment manufacturer, equipment types and discount of published list price. ■ Define any freight charges. ■ Provide classifications of labor with billable rates for each respondent's office(s), territories or district(s) along with any sub-office pricing as required. Each of these labor classification rates shall be fully burdened, defined and will be set for standard working hours (offeror shall describe these hours). Sub-contractor labor shall not be recognized. Each respondent shall determine their sub-contractor's labor rate as a prime labor classification. For example, an electrician's labor rate shall be calculated based on the respondent's sub-contractor's labor billable rate plus respondent's normal margins on sub-contractor labor. Labor classification shall be provided in the response. ■ Additionally, the hours for tasks identified in the Scope of Work shall USE a benchmark against an established data set (e.g.; IRS Means or others) to ensure that the hours provided can be verified. Each of these hourly tasks shall have a coefficient of labor against an established data set (e.g.; IRS Means or others) city cost index by each respondent's office(s), territories or district(s) to determine effectiveness of providing these tasks. ■ Include a per diem rate. RFP Page 12 472 ■ All labor rates will be based on standard hours. Indicate standard hours am to pm Monday to Friday. ■ Overtime rates (after standard hours and Saturday) x Standard Rates. ■ Overtime rates Sunday, Holidays) x Standard Rates. ■ Minimum charge of hours for overtime work. ■ Products and Services categories to include; HVAC Refrigeration • Type (e.g., Rotary, Centrifugal, Scroll, Reciprocating., Absorption) • Cooling medium (e.g., air, water) • Brand Name(s) • Capacity Range (tons) • Standard Warranty (Parts & Labor) • Optional Warranty (components covered & Labor) • Estimated Lead/Delivery Time • Location of Manufacturing (City, State or Country) • Range of Efficiencies (KW/Ton) • Estimated Market Share (North America) • Provide example data on each type of product provided • Detail Features & Benefits Indoor Air Quality Products and Devices • Type (Active polarization, non-ionizing, electronic air cleaning systems intended to replace passive filtration, any other.) • Brand Name(s) • Capacity Range • Standard Warranty (Parts & Labor) • Optional Warranty (components covered & Labor) • Estimated Lead/Delivery Time • Location of Manufacturing (City, State or Country) • Range of Efficiencies • Estimated Market Share (North America) • Provide example data on each type of product provided • Detail Features & Benefits Unitary • Type (e.g., rooftops, split systems, VRFs, Heat Pumps, PTACs, water- source, mini-splits) • Brand Name(s) • Capacity Range • Heating Medium (Electric, Gas, Steam, Hot Water) • Cooling Medium (DX, Chilled Water) • Standard Warranty (Parts & Labor) • Optional Warranty (components covered & Labor) RFP Page 13 473 • Estimated Lead/Delivery Time • Location of Manufacturing (City, State or Country) • Range of Efficiencies (EER, SEER, COP) • Estimated Market Share (North America) • Provide example data on each type of product provided • Detail Features & Benefits Air handling • Type (e.g. central station-manufactured or custom makeup air, fan, filter, coil sections) • Brand Name(s) • Fan Types (e.g. Backward incline, Forward curve, airfoil) • Capacity Range (CFM) • Heating Medium (Electric, Gas, Steam, Hot Water) • Cooling Medium (DX, Chilled Water) • Standard Warranty (Parts & Labor) • Optional Warranty (components covered & Labor) • Estimated Lead/Delivery Time • Location of Manufacturing (City, State or Country) • Estimated Market Share (North America) • Provide example data on each type of product provided • Detail Features & Benefits Air Terminal Devices and Heating Products • Type (e.g. VAV, Fan Coils, Unit Ventilators, Unit Heaters, Fin Tube Radiation/Convectors) • Brand Name(s) • Capacity Range (CFM) • Heating Medium (Electric, Gas, Steam, Hot Water) • Cooling Medium (DX, Chilled Water) • Standard Warranty (Parts & Labor) • Optional Warranty (components covered & Labor) • Estimated Lead/Delivery Time • Location of Manufacturing (City, State or Country) • Estimated Market Share (North America) • Provide example data on each type of product provided • Detail Features & Benefits DDC Controls • Type (core components, end devices, lighting, panels) Brand Name(s) • System Protocol (BACnet, LonWorks, Proprietary or Combo) • LAN Communication Structure (Peer-to-peer, Polling) • Human Machine Interface (HMI) types (PC, Notebooks, Handheld terminals) • Third party interface (Drivers and Gateways) RFP Page 14 474 • Remote alarm and message capabilities • Standard Warranty (Parts & Labor) • Optional Warranty (components covered & Labor) • Estimated Lead/Delivery Time • Location of Manufacturing (City, State or Country) • Estimated Market Share (North America) • Detail Features & Benefits Cooling Towers • Type (e.g., open, closed, evaporative, other) • Brand Name(s) • Capacity Range (tons) • Standard Warranty (Parts & Labor) • Optional Warranty (components covered & Labor) • Estimated Lead/Delivery Time • Location of Manufacturing (City, State or Country) • Range of Efficiencies • Estimated Market Share (North America) • Provide example data on each type of product provided • Detail Features & Benefits Pumps • Type (e.g., single stage, split case, end suction, inline, circulator, turbines) • Brand Name(s) • Capacity Range (GPM) • Standard Warranty (Parts & Labor) • Optional Warranty (components covered & Labor) • Estimated Lead/Delivery Time • Location of Manufacturing (City, State or Country) • Range of Efficiencies • Estimated Market Share (North America) • Provide example data on each type of product provided • Detail Features & Benefits Invertors • Brand Name(s) • Capacity Range (HP) • Standard Warranty (Parts & Labor) • Optional Warranty (components covered & Labor) • Estimated Lead/Delivery Time • Location of Manufacturing (City, State or Country) • Estimated Market Share (North America) • Provide example data on each type of product provided • Detail Features & Benefits RFP Page 15 475 Boilers &Water Heaters • Type (e.g., modulating, condensing, cast iron, water tube, packaged, other) • Brand Name(s) • Heating Medium (Electric, Gas, Steam, Hot Water) • Capacity Range (MBH) • Standard Warranty (Parts & Labor) • Optional Warranty (components covered & Labor) • Estimated Lead/Delivery Time • Location of Manufacturing (City, State or Country) • Range of Efficiencies • Estimated Market Share (North America) • Provide example data on each type of product provided • Detail Features & Benefits HVAC Specialty Products • Type (e.g., modular, outside/inside, S&T Heat Recovery, Humidity Control, Heat Wheel, Heat Pipe, Heat Exchangers) • Brand Name(s) • Heating Medium (Electric, Gas, Steam, Hot Water) • Cooling Medium (DX, Chilled Water) • Capacity Range (CFM and/or MBH) • Standard Warranty (Parts & Labor) • Optional Warranty (components covered & Labor) • Estimated Lead/Delivery Time • Location of Manufacturing (City, State or Country) • Range of Efficiencies • Estimated Market Share (North America) • Provide example data on each type of product provided • Detail Features & Benefits Refrigeration Products • Display Cases • Refrigeration Systems • Glass Doors & Lids • Walk-in Products • Others LED Lighting Products • LED Area Lights • Flexible LED Strips • Ceiling Lighting • Bulbs, Fixture Products • Others RFP Page 16 476 Equipment Parts and Supplies • Type (e.g., manufactured parts, emergency parts service, miscellaneous material and supplies and other) • Brand Name(s) stocked • Location of stocking parts • Standard Warranty (Parts & Labor) • Optional Warranty (components covered & Labor) • Estimated Lead/Delivery Time • Percentage of locally stocked parts to delivered parts • Detail Features & Benefits Respondents are requested to provide service forms with detailed description of your service offerings. Provide the minimum information as listed for your service categories on the following classifications of service: Startup & Commissioning Services • Define process for validation of system or equipment operation to design • Type (e.g., equipment startups, system checkouts, control verification, retro commissioning, M & V verifications, rebate auditing, other) • List key personnel (factory, sub-contract, other) • References (public sector only) • Case studies describing benefits of services Service & Maintenance • Type (e.g., preventative and full maintenance contracts, man-at attendance, remote monitoring, annuals, emergency services, regulatory compliance, cleaning (e.g., duct, coils and filters), scheduled maintenance (e.g., oil, chemical and vibration analysis) and other) • Define processes for each type of service and/or maintenance of the system or the equipment • List key personnel (factory, sub-contract, other) • References (public sector only) • Case studies describing benefits of services Installation and Turnkey Contracting • Type (e.g., retrofit, new construction, energy retrofit, controls new- and upgrade and other) • Define processes for each type install of the system or the equipment • Bonding and licensing capabilities • List key personnel (factory, sub-contract, other) • References (public sector only) • Case studies describing benefits of services RFP Page 17 477 Warranty Services • Type (e.g., Extended parts & labor (define maximum number of years available), delayed start-up and other) • Define processes for each type of warranty • List key personnel (factory, sub-contract, other) • References (public sector only) • Case studies describing benefits of services Energy Services • Type (e.g., (Energy Tracking, Energy Analysis, Evaluation of Potential Upgrades, demand response, rebates and others) • Define processes for each type of energy services • Certifications of personnel • List key personnel (factory, sub-contract, other) • References (public sector only) • Case studies describing benefits of services Equipment Rentals • Type (e.g., chillers, pumps, transformers, terminal units, generators, cooling towers, packaged unitary and other) • Brands available • Locations of rental fleet • Process of accessing rental fleet during disaster event • List key personnel (factory, sub-contract, other) • References (public sector only) • Case studies describing benefits of services Financial Services • Type (e.g., leasing, prompt and pre-payment discounts, guaranteed savings and other) • Describe type of each funding and availability • Funding Sources (internal and/or external) • List key personnel (internal and/or external) • References (public sector only) • Case studies describing benefits of services Professional Services • Describe type of each professional service and availability • Licensing and certification capabilities • List key personnel (internal and/or external) • References (public sector only) • Case studies describing benefits of services RFP Page 18 478 Site Surveys • Type (e.g., Equipment, system analysis, operational, architectural and other) • Describe type of survey • Licensing and certification capabilities • Advanced technology uses for each type of survey • List key personnel (internal and/or external) • References (public sector only) • Case studies describing benefits of services ii. Media submitted for price list must include the Offerors' company name, name of the solicitation, and date on a Flash Drive (i.e. Pin or Jump Drives). iii. Is pricing available for all products and services? iv. Describe any shipping charges. V. Describe any return and restocking fees. vi. Describe any promotions, special offers, additional discounts or rebates available. Additional discounts or rebates may be offered for large quantity orders, single ship to location, growth, annual spend, guaranteed quantity, etc. vii. Describe how customers verify they are receiving Contract pricing. viii. Describe payment methods offered. ix. Propose the frequency of updates to the Offeror's pricing structure. Describe any proposed indices to guide price adjustments. If offering a catalog contract with discounts by category, while changes in individual pricing may change, the category discounts should not change over the term of the Contract. X. Describe how future product introductions will be priced and align with Contract pricing proposed. A. Provide any additional information relevant to this section. Not to Exceed Pricing. Region 4 ESC requests pricing be submitted as not to exceed pricing. Unlike fixed pricing, the Contractor can adjust submitted pricing lower if needed but, cannot exceed original pricing submitted. Contractor must allow for lower pricing to be available for similar product and service purchases. Cost plus pricing as a primary pricing structure is not acceptable. b) Performance Capability i. Include a detailed response to Appendix D, Exhibit A, OMNIA Partners Response for National Cooperative Contract. Responses should highlight experience, demonstrate a strong national presence, describe how Offeror will educate its national sales force about the Contract, describe how products and services will be distributed nationwide, include a plan for marketing the products and services nationwide, and describe how volume will be tracked and reported to OMNIA Partners. ii. The successful Offeror will be required to sign Appendix D, Exhibit B, OMNIA Partners Administration Agreement prior to Contract award. Offerors should have any reviews required to sign the document prior to submitting a response. RFP Page 19 479 Offeror's response should include any proposed exceptions to OMNIA Partners Administration Agreement on Appendix B, Terms and Conditions Acceptance Form. iii. Include completed Appendix D, Exhibits F. Federal Funds Certifications and G. New Jersey Business Compliance. iv. Describe how Offeror responds to emergency orders. V. What is Offeror's average on time delivery rate? Describe Offeror's history of meeting the shipping and delivery timelines. vi. Describe Offeror's return and restocking policy. vii. Describe Offeror's ability to meet service and warranty needs. viii. Describe Offeror's customer service/problem resolution process. Include hours of operation, number of services, etc. ix. Describe Offeror's invoicing process. Include payment terms and acceptable methods of payments. Offerors shall describe any associated fees pertaining to credit cards/p-cards. X. Describe Offeror's contract implementation/customer transition plan. A. Describe the financial condition of Offeror. xii. Provide a website link in order to review website ease of use, availability, and capabilities related to ordering, returns and reporting. Describe the website's capabilities and functionality. xiii. Describe the Offeror's safety record. xiv. Provide any additional information relevant to this section. c) Qualification and Experience i. Provide a brief history of the Offeror, including year it was established and corporate office location. ii. Describe Offeror's reputation in the marketplace. iii. Describe Offeror's reputation of products and services in the marketplace. iv. Describe the experience and qualification of key employees. V. Describe Offeror's experience working with the government sector. vi. Describe past litigation, bankruptcy, reorganization, state investigations of entity or current officers and directors. vii. Provide a minimum of 5 customer references relating to the products and services within this RFP. Include entity name, contact name and title, contact phone and email, city, state, years serviced, description of services and annual volume. viii. Provide any additional information relevant to this section. d) Value Add i. Provide any additional information related to products and services Offeror proposes to enhance and add value to the Contract. 3. Competitive Range: It may be necessary to establish a competitive range. Factors from the predetermined criteria will be used to make this determination. Responses not in the RFP Page 20 480 competitive range will not receive further award consideration. Region 4 ESC may determine establishing a competitive range is not necessary. 4. Past Performance: An Offeror's past performance and actions are relevant in determining whether or not the Offeror is likely to provide quality goods and services; the administrative aspects of performance; the Offeror's history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the Offeror's businesslike concern for the interests of the customer may be taken into consideration when evaluating proposals, although not specifically mentioned in the RFP. 5. Additional Investigations: Region 4 ESC reserves the right to make such additional investigations as it deems necessary to establish the capability of any Offeror. RFP Page 21 481 P",P i:ii DRAFT CONTRACT This Contract ("Contract') is made as of , 201X by and between ("Contractor') and Region 4 Education Service Center ("Region 4 ESC') for the purchase of ("the products and services'). RECITALS WHEREAS, Region 4 ESC issued Request for Proposals Number R for ("RFP"), to which Contractor provided a response ("Proposal"); and WHEREAS, Region 4 ESC selected Contractor's Proposal and wishes to engage Contractor in providing the services/materials described in the RFP and Proposal; WHEREAS, both parties agree and understand the following pages will constitute the Contract between the Contractor and Region 4 ESC, having its principal place of business at 7145 West Tidwell Road, Houston, TX 77092. WHEREAS, Contractor included, in writing, any required exceptions or deviations from these terms, conditions, and specifications; and it is further understood that, if agreed to by Region 4 ESC, said exceptions or deviations are incorporated into the Contract. WHEREAS, this Contract consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth below shall control. WHEREAS, the Contract will provide that any state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies") may purchase products and services at prices indicated in the Contract upon the Public Agency's registration with OMNIA Partners. 1) Term of agreement. The term of the Contract is for a period of three (3) years unless terminated, canceled or extended as otherwise provided herein. Region 4 ESC shall have the right to renew the Contract for two (2) additional one-year periods or portions thereof. Region 4 ESC shall review the Contract prior to the renewal date and notify the Contractor of Region 4 ESC's intent renew the Contract. Contractor may elect not to renew by providing three hundred sixty-five days' (365) notice to Region 4 ESC. Notwithstanding the expiration of the initial term or any subsequent term or all renewal options, Region 4 ESC and Contractor may mutually agree to extend the term of this Agreement. Contractor acknowledges and understands Region 4 ESC is under no obligation whatsoever to extend the term of this Agreement. 2) Scope: Contractor shall perform all duties, responsibilities and obligations, set forth in this agreement, and described in the RFP, incorporated herein by reference as though fully set forth herein. CONTRACT 22 482 3) Form of Contract. The form of Contract shall be the RFP, the Offeror's proposal and Best and Final Offer(s). 4) Order of Precedence. In the event of a conflict in the provisions of the Contract as accepted by Region 4 ESC, the following order of precedence shall prevail: i. This Contract ii. Offeror's Best and Final Offer iii. Offeror's proposal iv. RFP and any addenda 5) Commencement of Work. The Contractor is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives a purchase order for such work or is otherwise directed to do so in writing by Region 4 ESC. 6) Entire Agreement (Parol evidence). The Contract, as specified above, represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable. 7) Assignment of Contract. No assignment of Contract may be made without the prior written approval of Region 4 ESC. Contractor is required to notify Region 4 ESC when any material change in operations is made (i.e. bankruptcy, change of ownership, merger, etc.). 8) Novation. If Contractor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor in interest must guarantee to perform all obligations under this Contract. Region 4 ESC reserves the right to accept or reject any new party. A change of name agreement will not change the contractual obligations of Contractor. 9) Contract Alterations. No alterations to the terms of this Contract shall be valid or binding unless authorized and signed by Region 4 ESC. 10)Adding Authorized Distributors/Dealers. Contractor is prohibited from authorizing additional distributors or dealers, other than those identified at the time of submitting their proposal, to sell under the Contract without notification and prior written approval from Region 4 ESC. Contractor must notify Region 4 ESC each time it wishes to add an authorized distributor or dealer. Purchase orders and payment can only be made to the Contractor unless otherwise approved by Region 4 ESC. Pricing provided to members by added distributors or dealers must also be less than or equal to the Contractor's pricing. 11)TERM INATION OF CONTRACT a) Cancellation for Non-Performance or Contractor Deficiency. Region 4 ESC may terminate the Contract if purchase volume is determined to be low volume in any 12-month period. Region 4 ESC reserves the right to cancel the whole or any part of this Contract due to failure by Contractor to carry out any obligation, term or condition of the contract. Region 4 ESC may issue a written deficiency notice to Contractor for acting or failing to act in any of the following: i. Providing material that does not meet the specifications of the Contract; ii. Providing work or material was not awarded under the Contract; iii. Failing to adequately perform the services set forth in the Scope of Work and specifications; CONTRACT 23 483 iv. Failing to complete required work or furnish required materials within a reasonable amount of time; v. Failing to make progress in performance of the Contract or giving Region 4 ESC reason to believe Contractor will not or cannot perform the requirements of the Contract; or vi. Performing work or providing services under the Contract prior to receiving an authorized purchase order. Upon receipt of a written deficiency notice, Contractor shall have ten (10) days to provide a satisfactory response to Region 4 ESC. Failure to adequately address all issues of concern may result in Contract cancellation. Upon cancellation under this paragraph, all goods, materials, work, documents, data and reports prepared by Contractor under the Contract shall immediately become the property of Region 4 ESC. b) Termination for Cause. If, for any reason, Contractor fails to fulfill its obligation in a timely manner, or Contractor violates any of the covenants, agreements, or stipulations of this Contract Region 4 ESC reserves the right to terminate the Contract immediately and pursue all other applicable remedies afforded by law. Such termination shall be effective by delivery of notice, to the Contractor, specifying the effective date of termination. In such event, all documents, data, studies, surveys, drawings, maps, models and reports prepared by Contractor will become the property of the Region 4 ESC. If such event does occur, Contractor will be entitled to receive just and equitable compensation for the satisfactory work completed on such documents. c) Delivery/Service Failures. Failure to deliver goods or services within the time specified, or within a reasonable time period as interpreted by the purchasing agent or failure to make replacements or corrections of rejected articles/services when so requested shall constitute grounds for the Contract to be terminated. In the event Region 4 ESC must purchase in an open market, Contractor agrees to reimburse Region 4 ESC, within a reasonable time period, for all expenses incurred. d) Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. e) Standard Cancellation. Region 4 ESC may cancel this Contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order. CONTRACT 24 484 12) Licenses. Contractor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by Contractor. Contractor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services under the Contract. Region 4 ESC reserves the right to stop work and/or cancel the Contract if Contractor's license(s) expire, lapse, are suspended or terminated. 13)Survival Clause. All applicable software license agreements, warranties or service agreements that are entered into between Contractor and Region 4 ESC under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued and accepted by Contractor shall survive expiration or termination of the Contract. 14) Delivery. Conforming product shall be shipped within 7 days of receipt of Purchase Order. If delivery is not or cannot be made within this time period, the Contractor must receive authorization for the delayed delivery. The order may be canceled if the estimated shipping time is not acceptable. All deliveries shall be freight prepaid, F.O.B. Destination and shall be included in all pricing offered unless otherwise clearly stated in writing. 15) Inspection & Acceptance. If defective or incorrect material is delivered, Region 4 ESC may make the determination to return the material to the Contractor at no cost to Region 4 ESC. The Contractor agrees to pay all shipping costs for the return shipment. Contractor shall be responsible for arranging the return of the defective or incorrect material. 16) Payments. Payment shall be made after satisfactory performance, in accordance with all provisions thereof, and upon receipt of a properly completed invoice. 17) Price Adjustments. Should it become necessary or proper during the term of this Contract to make any change in design or any alterations that will increase price, Region 4 ESC must be notified immediately. Price increases must be approved by Region 4 ESC and no payment for additional materials or services, beyond the amount stipulated in the Contract shall be paid without prior approval. All price increases must be supported by manufacturer documentation, or a formal cost justification letter. Contractor must honor previous prices for thirty (30) days after approval and written notification from Region 4 ESC. It is the Contractor's responsibility to keep all pricing up to date and on file with Region 4 ESC. All price changes must be provided to Region 4 ESC, using the same format as was provided and accepted in the Contractor's proposal. Price reductions may be offered at any time during Contract. Special, time-limited reductions are permissible under the following conditions: 1) reduction is available to all users equally; 2) reduction is for a specific period, normally not less than thirty (30) days; and 3) original price is not exceeded after the time-limit. Contractor shall offer Region 4 ESC any published price reduction during the Contract term. 18)Audit Rights. Contractor shall, at its sole expense, maintain appropriate due diligence of all purchases made by Region 4 ESC and any entity that utilizes this Contract. Region 4 ESC reserves the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. Region 4 ESC shall have the authority to conduct random audits of Contractor's pricing at Region 4 ESC's sole cost and expense. Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing CONTRACT 25 485 being offered that is materially inconsistent with the pricing under this agreement, Region 4 ESC shall have the ability to conduct an extensive audit of Contractor's pricing at Contractor's sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a third- party auditing firm. In the event of an audit, the requested materials shall be provided in the format and at the location designated by Region 4 ESC. 19) Discontinued Products. If a product or model is discontinued by the manufacturer, Contractor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model. 20) New Products/Services. New products and/or services that meet the Scope of Work may be added to the Contract. Pricing shall be equivalent to the percentage discount for other products. Contractor may replace or add product lines if the line is replacing or supplementing products, is equal or superior to the original products, is discounted similarly or greater than the original discount, and if the products meet the requirements of the Contract. No products and/or services may be added to avoid competitive procurement requirements. Region 4 ESC may require additions to be submitted with documentation from Members demonstrating an interest in, or a potential requirement for, the new product or service. Region 4 ESC may reject any additions without cause. 21)Options. Optional equipment for products under Contract may be added to the Contract at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2) the option is an enhancement to the unit that improves performance or reliability. 22)Warranty Conditions. All supplies, equipment and services shall include manufacturer's minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in writing. 23)Site Cleanup. Contractor shall clean up and remove all debris and rubbish resulting from their work as required or directed. Upon completion of the work, the premises shall be left in good repair and an orderly, neat, clean, safe and unobstructed condition. 24)Site Preparation. Contractor shall not begin a project for which the site has not been prepared, unless Contractor does the preparation work at no cost, or until Region 4 ESC includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to: moving furniture, installing wiring for networks or power, and similar pre-installation requirements. 25) Registered Sex Offender Restrictions. For work to be performed at schools, Contractor agrees no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or are reasonably expected to be present. Contractor agrees a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at Region 4 ESC's discretion. Contractor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge. 26)Safety measures. Contractor shall take all reasonable precautions for the safety of employees on the worksite and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Contractor shall post warning signs against all hazards created by CONTRACT 26 486 its operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage. 27)Smoking. Persons working under the Contract shall adhere to local smoking policies. Smoking will only be permitted in posted areas or off premises. 28)Stored materials. Upon prior written agreement between the Contractor and Region 4 ESC, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials must be provided to Region 4 ESC prior to payment. Such materials must be stored and protected in a secure location and be insured for their full value by the Contractor against loss and damage. Contractor agrees to provide proof of coverage and additionally insured upon request.Additionally, if stored offsite, the materials must also be clearly identified as property of Region 4 ESC and be separated from other materials. Region 4 ESC must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by Region 4 ESC, it shall be the Contractor's responsibility to protect all materials and equipment. Contractor warrants and guarantees that title for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance. 29) Funding Out Clause. A Contract for the acquisition, including lease, of real or personal property is a commitment of Region 4 ESC's current revenue only. Region 4 ESC retains the right to terminate the Contract at the expiration of each budget period during the term of the Contract and is conditioned on a best effort attempt by Region 4 ESC to obtain appropriate funds for payment of the contract. 30) Indemnity. Contractor shall protect, indemnify, and hold harmless both Region 4 ESC and its administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the Contractor, Contractor employees or subcontractors in the preparation of the solicitation and the later execution of the Contract. Any litigation involving either Region 4 ESC, its administrators and employees and agents will be in Harris County, Texas. 31)Marketing. Contractor agrees to allow Region 4 ESC to use their name and logo within website, marketing materials and advertisement. Any use of Region 4 ESC name and logo or any form of publicity, inclusive of press releases, regarding this Contract by Contractor must have prior approval from Region 4 ESC. 32)Certificates of Insurance. Certificates of insurance shall be delivered to the Region 4 ESC prior to commencement of work. The Contractor shall give Region 4 ESC a minimum of ten (10) days' notice prior to any modifications or cancellation of policies. The Contractor shall require all subcontractors performing any work to maintain coverage as specified. 33) Legal Obligations. It is Contractor's responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services and shall comply with all laws while fulfilling the Contract. Applicable laws and regulation must be followed even if not specifically identified herein. CONTRACT 27 487 OFFER AND CONTRACT SIGNATURE FORM The undersigned hereby offers and, if awarded, agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing. Company Name Address City/State/Zip Telephone No. Email Address Printed Name Title Authorized signature Accepted by Region 4 ESC: Contract No. Initial Contract Term to Region 4 ESC Authorized Board Member Date Print Name Region 4 ESC Authorized Board Member Date Print Name Page 28 488 Appendix B TERMS & CONDITIONS ACCEPTANCE FORM Signature on the Offer and Contract Signature form certifies complete acceptance of the terms and conditions in this solicitation and draft Contract except as noted below with proposed substitute language (additional pages may be attached, if necessary). The provisions of the RFP cannot be modified without the express written approval of Region 4 ESC. If a proposal is returned with modifications to the draft Contract provisions that are not expressly approved in writing by Region 4 ESC, the Contract provisions contained in the RFP shall prevail. Check one of the following responses: ❑ Offeror takes no exceptions to the terms and conditions of the RFP and draft Contract. (Note: If none are listed below, it is understood that no exceptions/deviations are taken.) ❑ Offeror takes the following exceptions to the RFP and draft Contract. All exceptions must be clearly explained, reference the corresponding term to which Offeror is taking exception and clearly state any proposed modified language, proposed additional terms to the RFP and draft Contract must be included: (Note: Unacceptable exceptions may remove Offeror's proposal from consideration for award. Region 4 ESC shall be the sole judge on the acceptance of exceptions and modifications and the decision shall be final. If an offer is made with modifications to the contract provisions that are not expressly approved in writing, the contract provisions contained in the RFP shall prevail.) Section/Page Term, Condition, or Exception/Proposed Modification Accepted Specification (For Region 4 ESC's use Page 29 489 Appendix C ADDITIONAL REQUIRED DOCUMENTS DOC #1 Acknowledgment and Acceptance of Region 4 ESC's Open Records Policy DOC #2 Antitrust Certification Statements (Tex. Government Code § 2155.005) DOC #3 Implementation of House Bill 1295 Certificate of Interested Parties (Form 1295) DOC #4 Texas Government Code 2270 Verification Form DOC #5 Special Conditions DOC #6 Questionnaire DOC #7 For applicable construction/reconstruction/renovation and related services, a bid guarantee is required not less than five percent (5%) of the total bid. Surety shall provide a copy of the Power of Attorney authorizing the Executing Agent the authority to execute the bid bond documents and bind the Surety to the bid bond conditions. The bid bond shall have a corporate Surety that is licensed to conduct business in Texas and authorized to underwrite bonds in the amount of the bid bond. For the purposes of this solicitation, the total bid is to be $60,000,000. Page 30 490 Appendix C, Doc#1 ACKNOWLEDGMENT AND ACCEPTANCE OF REGION 4 ESC's OPEN RECORDS POLICY OPEN RECORDS POLICY All proposals, information and documents submitted are subject to the Public Information Act requirements governed by the State of Texas once a Contract(s) is executed. If an Offeror believes its response, or parts of its response, may be exempted from disclosure, the Offeror must specify page-by-page and line-by-line the parts of the response, which it believes, are exempt and include detailed reasons to substantiate the exemption. Price is not confidential and will not be withheld.Any unmarked information will be considered public information and released, if requested under the Public Information Act. The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 4 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the Offeror are not acceptable. Region 4 ESC must comply with the opinions of the OAG. Region 4 ESC assumes no responsibility for asserting legal arguments on behalf of any Offeror. Offeror is advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information. Signature below certifies complete acceptance of Region 4 ESC's Open Records Policy, except as noted below(additional pages may be attached, if necessary). Check one of the following responses to the Acknowledgment and Acceptance of Region 4 ESC's Open Records Policy below: ❑ We acknowledge Region 4 ESC's Open Records Policy and declare that no information submitted with this proposal, or any part of our proposal, is exempt from disclosure under the Public Information Act. ❑ We declare the following information to be a trade secret or proprietary and exempt from disclosure under the Public Information Act. (Note: Offeror must specify page-by-page and line-by-line the parts of the response, which it believes, are exempt. In addition, Offeror must include detailed reasons to substantiate the exemption(s). Price is not confident and will not be withheld. All information believed to be a trade secret or proprietary must be listed. It is further understood that failure to identify such information, in strict accordance with the instructions, will result in that information being considered public information and released, if requested under the Public Information Act.) Date Authorized Signature & Title Page 31 491 Appendix C, Doc#2 ANTITRUST CERTIFICATION STATEMENTS (Tex. Government Code §2155.005) Attorney General Form I affirm under penalty of perjury of the laws of the State of Texas that: 1. 1 am duly authorized to execute this Contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; 2. In connection with this proposal, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. &Comm. Code Chapter 15; 3. In connection with this proposal, neither I nor any representative of the Company has violated any federal antitrust law; and 4. Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this proposal to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company. Company Contact Signature Printed Name Address Position with Company Official Authorizing Proposal Signature Printed Name Phone Position with Company Fax Page 32 492 Appendix C, DOC # 3 Implementation of House Bill 1295 Certificate of Interested Parties (Form 1295): In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. The Texas Ethics Commission was required to adopt rules necessary to implement that law, prescribe the disclosure of interested parties form, and post a copy of the form on the commission's website. The commission adopted the Certificate of Interested Parties form (Form 1295) on October 5, 2015. The commission also adopted new rules (Chapter 46) on November 30, 2015, to implement the law. The commission does not have any additional authority to enforce or interpret House Bill 1295. Filing Process: Staring on January 1, 2016, the commission made available on its website a new filing application that must be used to file Form 1295. A business entity must use the application to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the business entity must sign the printed copy of the form. The completed Form 1295 with the certification of filing must be filed with the governmental body or state agency with which the business entity is entering into the contract. The governmental entity or state agency must notify the commission, using the commission's filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. This process is known as acknowledging the certificate. The commission will post the acknowledged Form 1295 to its website within seven business days after receiving notice from the governmental entity or state agency. The posted acknowledged form does not contain the declaration of signature information provided by the business. A certificate will stay in the pending state until it is acknowledged by the governmental agency. Only acknowledged certificates are posted to the commission's website. Electronic Filing Application: httK�s://www.ethics.state.tx.us/whatsnew/elf info form1295.htm Frequently Asked Questions: htt�s://www.ethics.state.tx.us/resources/ AOs/FAO, Form1295.�h� Changes to Form 1295: https:Hwww. thics.state.tx.us/data/filin info/1295Chanr�es.�df Page 33 493 Appendix C, DOC #4 Texas Government Code 2270 Verification Form House Bill 89 (85R Legislative Session), which adds Chapter 2270 to the Texas Government Code, provides that a governmental entity may not enter into a contract with a company without verification that the contracting vendor does not and will not boycott Israel during the term of the contract. Furthermore, Senate Bill 252 (85R Legislative Session), which amends Chapter 2252 of the Texas Government Code to add Subchapter F, prohibits contracting with a company engaged in business with Iran, Sudan or a foreign terrorist organization identified on a list prepared by the Texas Comptroller. I, as an authorized representative of a contractor engaged by Insert Name of Company Region 4 Education Service Center, 7145 West Tidwell Road, Houston, TX 77092, verify by this writing that the above-named company affirms that it (1) does not boycott Israel; and (2) will not boycott Israel during the term of this contract, or any contract with the above-named Texas governmental entity in the future. Also, our company is not listed on and we do not do business with companies that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations found at https:Hcomptroller.texas.gov/purchasing/docs/foreign-terrorist.pdf. I further affirm that if our company's position on this issue is reversed and this affirmation is no longer valid, that the above-named Texas governmental entity will be notified in writing within one (1) business day and we understand that our company's failure to affirm and comply with the requirements of Texas Government Code 2270 et seq. shall be grounds for immediate contract termination without penalty to the above-named Texas governmental entity. I swear and affirm that the above is true and correct. Signature of Named Authorized Company Representative Date Page 34 494 Appendix C, DOC # 5 SPECIAL CONDITIONS The below clauses are applicable to the Offer; by Submitting a Sealed Proposal the Offeror is accepting these Special Conditions: Conflicts of Interest No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a FEMA award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties, has a financial or other interest in or a tangible personal benefit from a firm considered for award. 2 C.F.R. § 200.318(c)(1); See also Standard Form 424D, ¶ 7; Standard Form 424B, ¶3. i. FEMA considers a "financial interest' to be the potential for gain or loss to the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties as a result of the particular procurement. The prohibited financial interest may arise from ownership of certain financial instruments or investments such as stock, bonds, or real estate, or from a salary, indebtedness,job offer, or similar interest that might be affected by the particular procurement. ii. FEMA considers an "apparent" conflict of interest to exist where an actual conflict does not exist, but where a reasonable person with knowledge of the relevant facts would question the impartiality of the employee, officer, or agent participating in the procurement. c. Gifts. The officers, employees, and agents of Region 4 ESC nor the Participating Public Agency ("NFE") must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, NFE's may set standards for situations in which the financial interest is de minims, not substantial, or the gift is an unsolicited item of nominal value. 2 C.F.R. § 200.318(c)(1). d. Violations. The NFE's written standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the NFE. 2 C.F.R. § 200.318(c)(1). For example, the penalty for a NFE's employee may be dismissal, and the penalty for a contractor might be the termination of the contract. Contractor Integrity A contractor must have a satisfactory record of integrity and business ethics. Contractors that are debarred or suspended as described in Chapter III, ¶ 6.d must be rejected and cannot receive contract awards at any level. Public Policy A contractor must comply with the public policies of the Federal Government and state, local government, or tribal government. This includes, among other things, past and current compliance with the: a. Equal opportunity and nondiscrimination laws b. Five affirmative steps described at 2 C.F.R. § 200.321(b) for all subcontracting under contracts supported by FEMA financial assistance; and FEMA Procurement Guidance June 21, 2016 Page IV- 7 c. Applicable prevailing wage laws, regulations, and executive orders Page 35 495 Affirmative Steps For any subcontracting opportunities, Contractor must take the following Affirmative steps: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; Federal Requirements Services issued under this contract may be in response to an emergency or disaster recovery situation and eligible for federal funding; Services issued in response to an emergency or disaster recovery situation are subject to and must comply with all federal requirements applicable to the funding. The remaining items below, located in this Special Conditions section, are activated and required when federal funding may be utilized. 2 C.F.R. � 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses 1. Termination for Convenience: The right to terminate this Contract for the convenience of Region 4 ESC is retained by Region 4 ESC. In the event of a termination for convenience by Region 4 ESC, Region 4 ESC shall, at least ten (10) calendar days in advance, deliver written notice of the termination for convenience to Contractor. Upon Contractor's receipt of such written notice, Contractor immediately shall cease the performance of the Work and shall take reasonable and appropriate action to secure and protect the Work then in place. Contractor shall then be paid by Region 4 ESC, in accordance with the terms and provisions of the Contract Documents, an amount not to exceed the actual labor costs incurred, the actual cost of all materials installed and the actual cost of all materials stored at the project site or away from the project site, as approved in writing by Region 4 ESC but not yet paid for and which cannot be returned, and actual, reasonable and documented demobilization costs, if any, paid by Contractor and approved by Region 4 ESC in connection with the Scope of Work in place which is completed as of the date of termination by Region 4 ESC and that is in conformance with the Contract Documents, less all amounts previously paid for the Work. No amount ever shall be owed or paid to Contractor for lost or anticipated profits on any part of the Scope of Work not performed or for consequential damages of any kind. 2. Equal Employment Opportunity: Page 36 496 Region 4 ESC highly encourages Contractors to implement Affirmative Action practices in their employment programs. This means Contractor should not discriminate against any employee or applicant for employment because of race, color, religion, sex, pregnancy, sexual orientation, political belief or affiliation, age, disability or genetic information. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order Page 37 497 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 3. "During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers'representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. Page 38 498 (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided bylaw. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States." 4. Davis Bacon Act and Copeland Anti-Kickback Act. a. Applicability of Davis-Bacon Act. The Davis-Bacon Act only applies to the emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. It does not apply to other FEMA arant and cooperative aareement proarams. includina the Public Assistance Proaram. b. All prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction)). See 2 C.F.R. Part 200, Appendix II, ¶ D. c. In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once aweek. d. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The Page 39 499 decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. e. In contracts subject to the Davis-Bacon Act, the contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Copeland Anti- Kickback Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA. f. The regulation at 29 C.F.R. § 5.5(a) does provide the required contract clause that applies to compliance with both the Davis-Bacon and Copeland Acts. However, as discussed in the previous subsection, the Davis-Bacon Act does not apply to Public Assistance recipients and subrecipients. In situations where the Davis-Bacon Act does not apply. neither does the Copeland "Anti-Kickback Act." However, for purposes of grant programs where both clauses do apply, FEMA requires the following contract clause: "Compliance with the Copeland "Anti-Kickback" Act. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12." 5. Contract Work Hours and Safety Standards Act. a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. b. Where applicable (see 40 U.S.C. § 3701), 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 at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II, ¶ E. Page 40 500 c. Under 40 U.S.C. § 3702, 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 workweek. d. 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. e. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act: "Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally- Page 41 501 assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1)through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1)through (4) of this section." 6. Rights to Inventions Made Under a Contractor Agreement. a. Stafford Act Disaster Grants. This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households —Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of"funding agreement." b. If the FEMA award meets the definition of"funding agreement" under 37 C.F.R. §401.2(a) and the non-Federal entity 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 non- Federal entity must comply with the requirements of 37 C.F.R. Part 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 FEMA. See 2 C.F.R. Part 200, Appendix II, ¶ F. c. The regulation at 37 C.F.R. §401.2(a) currently defines "funding agreement" as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. 7. Clean Air Act and the Federal Water Pollution Control Act. Contracts of amounts in excess of$150,000 must contain a provision that requires the contractor to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II, ¶ G. a. The following provides a sample contract clause concerning compliance Page 42 502 for contracts of amounts in excess of$150,000: "Clean Air Act (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in partwith Federal assistance provided by FEMA." 8. Debarment and Suspension. a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. b. Non-federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Non procurement Debarment and Suspension). Page 43 503 c. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II, ¶ H; and Procurement Guidance for Recipients and Subrecipients Under 2 C.F.R. Part 200 (Uniform Rules): Supplement to the Public Assistance Procurement Disaster Assistance Team (PDAT) Field Manual Chapter IV, ¶ 6.d, and Appendix C, ¶ 2 [hereinafter PDAT Supplement]. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that 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. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530; PDAT Supplement, Chapter IV,¶6.d and Appendix C, ¶2. d. In general, an "excluded" party cannot receive a Federal grant award or a contract within the meaning of a "covered transaction," to include subawards and subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a "covered transaction," which is any non-procurement transaction (unless excepted) at either a "primary" or"secondary" tier. Although "covered transactions" do not include contracts awarded by the Federal Government for purposes of the non-procurement common rule and DHS's implementing regulations, it does include some contracts awarded by recipients and subrecipient. e. Specifically, a covered transaction includes the following contracts for goods or services: (1) The contract is awarded by a recipient or subrecipient in the amount of at least $25,000. (2) The contract requires the approval of FEMA, regardless of amount. (3) The contract is for federally required audit services. (4) A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of$25,000. d. The following provides a debarment and suspension clause. It incorporates an optional method of verifying that contractors are not excluded or disqualified: "Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 Page 44 504 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by (insert name of subrecipient). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions." 9. Byrd Anti-Lobbying Amendment. a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. b. Contractors that apply or bid for an award of $100,000 or more must file the required certification. See 2 C.F.R. Part 200, Appendix II,¶ I; 44 C.F.R. Part 18; PDAT Supplement, Chapter IV, 6.c; Appendix C, ¶4. c. Each tier certifies to the tier above that it will not and has not 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. Each tier must also 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. See PDAT Supplement, Chapter IV, ¶6.c and Appendix C, ¶4. d. The following provides a Byrd Anti-Lobbying contract clause: "Byrd Anti-Lobbying Amendment, 31 U.S.C. � 1352 (as amended) Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not 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 Page 45 505 covered by 31 U.S.C. § 1352. Each tier shall also 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 recipient." APPENDIX A, 44 C.F.R. PART 18 —CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certifyand disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, , certifies or affirms the truthfulness and accuracyof each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Page 46 506 Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date" 10. Procurement of Recovered Materials. a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. b. 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, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962). See 2 C.F.R. Part 200, Appendix II, ¶J; 2 C.F.R. § 200.322; PDAT Supplement, Chapter V, ¶7. c. The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by 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. d. The following provides the clause that a state agency or agency of a political subdivision of a state and its contractors can include in contracts meeting the above contract thresholds: "(1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing forcompliance with the contract performance schedule; (ii) Meetingcontract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA- designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive® procurement-guideline-cpg®program." Page 47 507 11. Additional FEMA Requirements. a. The Uniform Rules authorize FEMA to require additional provisions for non- Federal entity contracts. FEMA, pursuant to this authority, requires or recommends the following: b. Changes. To be eligible for FEMA assistance under the non-Federal entity's FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. FEMA recommends, therefore, that a non-Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end-item procured. c. Access to Records. All non-Federal entities must place into their contracts a provision that all contractors and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing Department and FEMA access to records, accounts, documents, information, facilities, and staff. See DHS Standard Terms and Conditions, v 3.0, ¶XXVI (2013). d. The followinq provides a contract clause regarding access to records: "Access to Records. The followinq access to records requirements apply to this contract: (1) The contractor agrees to provide (insert name of state agency or local or Indian tribal government), (insert name of recipient),the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract." 12. DHS Seal, Logo, and Flags. a. All non-Federal entities must place in their contracts a provision that a contractor Page 48 508 shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. See DHS Standard Terms and Conditions, v 3.0, ¶XXV(2013). b. The following provides a contract clause regarding DHS Seal, Logo, and Flags: "The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval." 13. Compliance with Federal Law, Regulations, and Executive Orders. a. All non-Federal entities must place into their contracts an acknowledgement that FEMA financial assistance will be used to fund the contract along with the requirement that the contractor will comply with all applicable federal law, regulations, executive orders, and FEMA policies, procedures, and directives. b. The following provides a contract clause regarding Compliance with Federal Law, Regulations, and Executive Orders: "This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives." 14. No Obligation by Federal Government. a. The non-Federal entity must include a provision in its contract that states that the Federal Government is not a party to the contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from thecontract. b. The following provides a contract clause regarding no obligation by the Federal Government: "The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract." 15. Program Fraud and False or Fraudulent Statements or Related Acts. a. The non-Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. b. The following provides a contract clause regarding Fraud and False or Fraudulent or Related Acts: "The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract." Page 49 509 Additional contract clauses per 2 C.F.R. � 200.325 For applicable construction/reconstruction/renovation and related services: A payment and performance bond are both required for 100 percent of the contract price. A"performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. A"payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided in the contract. Offeror agrees to comply with all terms and conditions outlined in the Special Conditions section of this solicitation. Offeror's Name: Address,City,State,and Zip Code: Phone Number: Fax Number: Printed Name and Title of Authorized Representative: Email Address: Signature of Authorized Representative: Date: Page 50 510 Appendix C, DOC # 6 QUESTIONNAIRE Please provide responses to the following questions that address your company's operations, organization, structure and processes for providing products and services. 1. Diversity Programs • Do you currently have a diversity program or any diversity partners that you do business with? ❑Yes ❑No (If the answer is yes, attach a statement detailing the structure of your program, along with a list of your diversity alliances and a copy of their certifications.) 2. Diverse Vendor Certification Participation Region 4 ESC encourages the use of under-utilized businesses (HUB), minority and women business enterprises (MWBE), and small and/or disadvantages business enterprises (SBE) both as prime and subcontractors. Offerors shall indicate below whether or not they and/or any of their subcontractors (and if so which) hold certification in any of the classified areas and include proof of such certification with their response. a. Minority Women Business Enterprise Respondent certifies that this firm is an MWBE ❑Yes ❑No List certifying agency: b. Small Business Enterprise (SBE) or Disadvantaged Business Enterprise (DBE) Respondent certifies that this firm is a SBE or DBE ❑Yes ❑No List certifying agency: c. Historically Underutilized Businesses (HUB) Respondent certifies that this firm is a HUB ❑Yes ❑No List certifying agency: d. Historically Underutilized Business Zone Enterprise (HUBZone) Respondent certifies that this firm is a HUBZone ❑Yes ❑No List certifying agency: e. Other Respondent certifies that this firm is a recognized diversity ❑Yes ❑No certificate holder List certifying agency: 3. Has Offeror made and is Offeror committed to continuing to take all affirmative steps set forth in 2 CFR 200.321 as it relates to the Scope of Work outlined in this solicitation? ❑Yes ❑No Page 51 511 Appendix D 0 OMNIA R A R T N E R 5 i P, A lJ.`a C f)MM0.1NI I IF 5` REQUIREMENTS FOR NATIONAL COOPERATIVE CONTRACT TO BE ADMINISTERED BY OMNIA PARTNERS,PUBLIC SECTOR The following documents are used in evaluating and administering national cooperative contracts and are included for Supplier's review and response. Exhibit A —RESPONSE FOR NATIONAL COOPERATIVE CONTRACT Exhibit B-ADMINISTRATION AGREEMENT, EXAMPLE Exhibit C-MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT, EXAMPLE Exhibit D-PRINCIPAL PROCUREMENT AGENCY CERTIFICATE, EXAMPLE Exhibit E-CONTRACT SALES REPORTING TEMPLATE Exhibit F-FEDERAL FUNDS CERTIFICATIONS Exhibit G-NEW JERSEY BUSINESS COMPLIANCE Exhibit H-ADVERTISING COMPLIANCE REQUIREMENT 512 EXHIBIT A RESPONSE FOR NATIONAL COOPERATIVE CONTRACT 1.0 Scope of National Cooperative Contract Capitalized terms not otherwise defined herein shall have the meanings given to them in the Master Agreement or in the Administration Agreement between Supplier and OMNIA Partners, Public Sector. 1.1 Requirement Region 4 ESC (hereinafter defined and referred to as "Principal Procurement Agency"), on behalf of itself and the National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector ("OMNIA Partners, Public Sector"), is requesting proposals for HVAC Equipment, Installation, Service & Related Products. The intent of this Request for Proposal is any contract between Principal Procurement Agency and Supplier resulting from this Request for Proposal ("Master Agreement") be made available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies"), through OMNIA Partners, Public Sector's cooperative purchasing program. The Principal Procurement Agency has executed a Principal Procurement Agency Certificate with OMNIA Partners, Public Sector, an example of which is included as Exhibit D, and has agreed to pursue the Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners, Public Sector as a Participating Public Agency in OMNIA Partners, Public Sector's cooperative purchasing program. Registration with OMNIA Partners, Public Sector as a Participating Public Agency is accomplished by Public Agencies entering into a Master Intergovernmental Cooperative Purchasing Agreement, an example of which is attached as Exhibit C, and by using the Master Agreement, any such Participating Public Agency agrees that it is registered with OMNIA Partners, Public Sector, whether pursuant to the terms of the Master Intergovernmental Purchasing Cooperative Agreement or as otherwise agreed to. The terms and pricing established in the resulting Master Agreement between the Supplier and the Principal Procurement Agency will be the same as that available to Participating Public Agencies through OMNIA Partners, Public Sector. All transactions, purchase orders, invoices, payments etc., will occur directly between the Supplier and each Participating Public Agency individually, and neither OMNIA Partners, Public Sector, any Principal Procurement Agency nor any Participating Public Agency, including their respective agents, directors, employees or representatives, shall be liable to Supplier for any acts, liabilities, damages, etc., incurred by any other Participating Public Agency. Supplier is responsible for-knowing the tax laws in each state. Requirements for National Cooperative Contract Page 53 of 122 513 This Exhibit A defines the expectations for qualifying Suppliers based on OMNIA Partners, Public Sector's requirements to market the resulting Master Agreement nationally to Public Agencies. Each section in this Exhibit A refers to the capabilities, requirements, obligations, and prohibitions of competing Suppliers on a national level in order to serve Participating Public Agencies through OMNIA Partners, Public Sector. These requirements are incorporated into and are considered an integral part of this RFP. OMNIA Partners, Public Sector reserves the right to determine whether or not to make the Master Agreement awarded by the Principal Procurement Agency available to Participating Public Agencies, in its sole and absolute discretion, and any party submitting a response to this RFP acknowledges that any award by the Principal Procurement Agency does not obligate OMNIA Partners, Public Sector to make the Master Agreement available to Participating Procurement Agencies. 1.2 Marketing, Sales and Administrative Support During the term of the Master Agreement OMNIA Partners, Public Sector intends to provide marketing, sales, partnership development and administrative support for Supplier pursuant to this section that directly promotes the Supplier's products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. OMNIA Partners will assign the Supplier a Director of Partner Development who will serve as the main point of contact for the Supplier and will be responsible for managing the overall relationship between the Supplier and OMNIA Partners. The Director of Partner Development will work with the Supplier to develop a comprehensive strategy to promote the Master Agreement and will connect the Supplier with appropriate stakeholders within OMNIA Partners including, Sales, Marketing, Contracting, Training, and Operations & Support. The OMNIA Partners, Public Sector marketing team will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through channels that may include: A. Marketing collateral (print, electronic, email, presentations) B. Website C. Trade shows/conferences/meetings D. Advertising E. Social Media The OMNIA Partners, Public Sector sales teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through initiatives that may include: A. Individual sales calls B. Joint sales calls C. Communications/customer service D. Training sessions for Public Agency teams Requirements for National Cooperative Contract Page 54 of 122 514 E. Training sessions for Supplier teams The OMNIA Partners, Public Sector contracting teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through: A. Serving as the subject matter expert for questions regarding joint powers authority and state statutes and regulations for cooperative purchasing B. Training sessions for Public Agency teams C. Training sessions for Supplier teams D. Regular business reviews to monitor program success E. General contract administration Suppliers are required to pay an administrative fee of 4% of the greater of the Contract Sales under the Master Agreement and Guaranteed Contract Sales under this Request for Proposal. Supplier will be required to execute the OMNIA Partners, Public Sector Administration Agreement (Exhibit B). 1.3 Estimated Volume The dollar volume purchased under the Master Agreement is estimated to be approximately $10 million annually. While no minimum volume is guaranteed to Supplier, the estimated annual volume is projected based on the current annual volumes among the Principal Procurement Agency, other Participating Public Agencies that are anticipated to utilize the resulting Master Agreement to be made available to them through OMNIA Partners, Public Sector, and volume growth into other Public Agencies through a coordinated marketing approach between Supplier and OMNIA Partners, Public Sector. 1.4 Award Basis The basis of any contract award resulting from this RFP made by Principal Procurement Agency will, at OMNIA Partners, Public Sector's option, be the basis of award on a national level through OMNIA Partners, Public Sector. If multiple Suppliers are awarded by Principal Procurement Agency under the Master Agreement, those same Suppliers will be required to extend the Master Agreement to Participating Public Agencies through OMNIA Partners, Public Sector. Utilization of the Master Agreement by Participating Public Agencies will be at the discretion of the individual Participating Public Agency. Certain terms of the Master Agreement specifically applicable to the Principal Procurement Agency (e.g. governing law) are subject to modification for each Participating Public Agency as Supplier, such Participating Public Agency and OMNIA Partners, Public Sector shall agree without being in conflict with the Master Agreement. Participating Agencies may request to enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in the Master Agreement (i.e. invoice requirements, order requirements, specialized delivery, diversity requirements such as minority and woman owned businesses, historically underutilized business, governing law, etc.). It shall be the responsibility of the Supplier to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the Participating Agency. It shall further be the responsibility of the Supplier to monitor the prevailing wage rates as established by the appropriate department of labor for Requirements for National Cooperative Contract Page 55 of 122 515 any increase in rates during the term of the Master Agreement and adjust wage rates accordingly. Any supplemental agreement developed as a result of the Master Agreement is exclusively between the Participating Agency and the Supplier (Contract Sales are reported to OMNIA Partners, Public Sector). All purchase orders issued and accepted by the Supplier may survive expiration or termination of the Master Agreement. Participating Agencies' purchase orders may exceed the term of the Master Agreement if the purchase order is issued prior to the expiration of the Master Agreement. Supplier is responsible for reporting all sales and paying the applicable administrative fee for sales that use the Master Agreement as the basis for the purchase order, even though Master Agreement may have expired. 1.5 Objectives of Cooperative Program This RFP is intended to achieve the following objectives regarding availability through OMNIA Partners, Public Sector's cooperative program: A. Provide a comprehensive competitively solicited and awarded national agreement offering the Products covered by this solicitation to Participating Public Agencies; B. Establish the Master Agreement as the Supplier's primary go to market strategy to Public Agencies nationwide; C. Achieve cost savings for Supplier and Public Agencies through a single solicitation process that will reduce the Supplier's need to respond to multiple solicitations and Public Agencies need to conduct their own solicitation process; D. Combine the aggregate purchasing volumes of Participating Public Agencies to achieve cost effective pricing. 2.0 REPRESENTATIONS AND COVENANTS As a condition to Supplier entering into the Master Agreement, which would be available to all Public Agencies, Supplier must make certain representations, warranties and covenants to both the Principal Procurement Agency and OMNIA Partners, Public Sector designed to ensure the success of the Master Agreement for all Participating Public Agencies as well as the Supplier. 2.1 Corporate Commitment Supplier commits that (1)the Master Agreement has received all necessary corporate authorizations and support of the Supplier's executive management, (2) the Master Agreement is Supplier's primary "go to market' strategy for Public Agencies, (3) the Master Agreement will be promoted to all Public Agencies, including any existing customers, and Supplier will transition existing customers, upon their request, to the Master Agreement, and (4) that the Supplier has read and agrees to the terms and conditions of the Administration Agreement with OMNIA Partners, Public Sector and will execute such agreement concurrent with and as a condition of its execution of the Master Agreement with the Principal Procurement Agency. Supplier will identify an executive corporate sponsor and a separate national account manager within the Requirements for National Cooperative Contract Page 56 of 122 516 RFP response that will be responsible for the overall management of the Master Agreement. 2.2 Pricing Commitment Supplier commits the not-to-exceed pricing provided under the Master Agreement pricing is its lowest available (net to buyer) to Public Agencies nationwide and further commits that if a Participating Public Agency is eligible for lower pricing through a national, state, regional or local or cooperative contract, the Supplier will match such lower pricing to that Participating Public Agency under the Master Agreement. 2.3 Sales Commitment Supplier commits to aggressively market the Master Agreement as its go to market strategy in this defined sector and that its sales force will be trained, engaged and committed to offering the Master Agreement to Public Agencies through OMNIA Partners, Public Sector nationwide. Supplier commits that all Master Agreement sales will be accurately and timely reported to OMNIA Partners, Public Sector in accordance with the OMNIA Partners, Public Sector Administration Agreement. Supplier also commits its sales force will be compensated, including sales incentives, for sales to Public Agencies under the Master Agreement in a consistent or better manner compared to sales to Public Agencies if the Supplier were not awarded the Master Agreement. 3.0 SUPPLIER RESPONSE Supplier must supply the following information in order for the Principal Procurement Agency to determine Supplier's qualifications to extend the resulting Master Agreement to Participating Public Agencies through OMNIA Partners, Public Sector. 3.1 Company A. Brief history and description of Supplier to include experience providing similar products and services. B. Total number and location of sales persons employed by Supplier. C. Number and location of support centers (if applicable) and location of corporate office. D. Annual sales for the three previous fiscal years. a. Submit FEIN and Dunn & Bradstreet report. E. Describe any green or environmental initiatives or policies. F. Describe any diversity programs or partners supplier does business with and how Participating Agencies may use diverse partners through the Master Agreement. Indicate how, if at all, pricing changes when using the diversity program. If there are any diversity programs, provide a list of diversity alliances and a copy of their certifications. G. Indicate if supplier holds any of the below certifications in any classified areas and include proof of such certification in the response: Requirements for National Cooperative Contract Page 57 of 122 517 a. Minority Women Business Enterprise ❑ Yes ❑ No If yes, list certifying agency: b. Small Business Enterprise (SBE) or Disadvantaged Business Enterprise (DBE) ❑ Yes ❑ No If yes, list certifying agency: c. Historically Underutilized Business (HUB) ❑ Yes ❑ No If yes, list certifying agency: d. Historically Underutilized Business Zone Enterprise (HUBZone) ❑ Yes ❑ No If yes, list certifying agency: e. Other recognized diversity certificate holder ❑ Yes ❑ No If yes, list certifying agency: H. List any relationships with subcontractors or affiliates intended to be used when providing services and identify if subcontractors meet minority-owned standards. If any, list which certifications subcontractors hold and certifying agency. I. Describe how supplier differentiates itself from its competitors. J. Describe any present or past litigation, bankruptcy or reorganization involving supplier. K. Felony Conviction Notice: Indicate if the supplier a. is a publicly held corporation and this reporting requirement is not applicable; b. is not owned or operated by anyone who has been convicted of a felony; or c. is owned or operated by and individual(s) who has been convicted of a felony and provide the names and convictions. L. Describe any debarment or suspension actions taken against supplier 3.2 Distribution, Logistics A. Each offeror awarded an item under this solicitation may offer their complete product and service offering/a balance of line. Describe the full line of products and services offered by supplier. Requirements for National Cooperative Contract Page 58 of 122 518 B. Describe how supplier proposes to distribute the products/service nationwide. Include any states where products and services will not be offered under the Master Agreement, including U.S. Territories and Outlying Areas. C. Describe how Participating Agencies are ensure they will receive the Master Agreement pricing; include all distribution channels such as direct ordering, retail or in-store locations, through distributors, etc. Describe how Participating Agencies verify and audit pricing to ensure its compliance with the Master Agreement. D. Identify all other companies that will be involved in processing, handling or shipping the products/service to the end user. E. Provide the number, size and location of Supplier's distribution facilities, warehouses and retail network as applicable. 3.3 Marketing and Sales A. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as supplier's primary go to market strategy for Public Agencies to supplier's teams nationwide, to include, but not limited to: i. Executive leadership endorsement and sponsorship of the award as the public sector go-to-market strategy within first 10 days ii. Training and education of Supplier's national sales force with participation from the Supplier's executive leadership, along with the OMNIA Partners, Public Sector team within first 90 days B. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to market the Master Agreement to current Participating Public Agencies, existing Public Agency customers of Supplier, as well as to prospective Public Agencies nationwide immediately upon award, to include, but not limited to: i. Creation and distribution of a co-branded press release to trade publications ii. Announcement, Master Agreement details and contact information published on the Supplier's website within first 90 days iii. Design, publication and distribution of co-branded marketing materials within first 90 days iv. Commitment to attendance and participation with OMNIA Partners, Public Sector at national (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e. Regional NIGP Chapter Meetings, Regional Cooperative Summits, etc.) and supplier-specific trade shows, conferences and meetings throughout the term of the Master Agreement V. Commitment to attend, exhibit and participate at the NIGP Annual Forum in an area reserved by OMNIA Partners, Public Sector for partner Requirements for National Cooperative Contract Page 59 of 122 519 suppliers. Booth space will be purchased and staffed by Supplier. In addition, Supplier commits to provide reasonable assistance to the overall promotion and marketing efforts for the NIGP Annual Forum, as directed by OMNIA Partners, Public Sector. vi. Design and publication of national and regional advertising in trade publications throughout the term of the Master Agreement vii. Ongoing marketing and promotion of the Master Agreement throughout its term (case studies, collateral pieces, presentations, promotions, etc.) viii. Dedicated OMNIA Partners, Public Sector internet web-based homepage on Supplier's website with: • OMNIA Partners, Public Sector standard logo; • Copy of original Request for Proposal; • Copy of Master Agreement and amendments between Principal Procurement Agency and Supplier; • Summary of Products and pricing; • Marketing Materials • Electronic link to OMNIA Partners, Public Sector's website including the online registration page; • A dedicated toll-free number and email address for OMNIA Partners, Public Sector C. Describe how Supplier will transition any existing Public Agency customers' accounts to the Master Agreement available nationally through OMNIA Partners, Public Sector. Include a list of current cooperative contracts (regional and national) Supplier holds and describe how the Master Agreement will be positioned among the other cooperative agreements. D. Acknowledge Supplier agrees to provide its logo(s) to OMNIA Partners, Public Sector and agrees to provide permission for reproduction of such logo in marketing communications and promotions. Acknowledge that use of OMNIA Partners, Public Sector logo will require permission for reproduction, as well. E. Confirm Supplier will be proactive in direct sales of Supplier's goods and services to Public Agencies nationwide and the timely follow up to leads established by OMNIA Partners, Public Sector. All sales materials are to use the OMNIA Partners, Public Sector logo. At a minimum, the Supplier's sales initiatives should communicate: i. Master Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency ii. Best government pricing iii. No cost to participate iv. Non-exclusive Requirements for National Cooperative Contract Page 60 of 122 520 F. Confirm Supplier will train its national sales force on the Master Agreement. At a minimum, sales training should include: i. Key features of Master Agreement ii. Working knowledge of the solicitation process iii. Awareness of the range of Public Agencies that can utilize the Master Agreement through OMNIA Partners, Public Sector iv. Knowledge of benefits of the use of cooperative contracts G. Provide the name, title, email and phone number for the person(s), who will be responsible for: i. Executive Support ii. Marketing iii. Sales iv. Sales Support V. Financial Reporting vi. Accounts Payable vii. Contracts H. Describe in detail how Supplier's national sales force is structured, including contact information for the highest-level executive in charge of the sales team. I. Explain in detail how the sales teams will work with the OMNIA Partners, Public Sector team to implement, grow and service the national program. I. Explain in detail how Supplier will manage the overall national program throughout the term of the Master Agreement, including ongoing coordination of marketing and sales efforts, timely new Participating Public Agency account set-up, timely contract administration, etc. J. State the amount of Supplier's Public Agency sales for the previous fiscal year. Provide a list of Supplier's top 10 Public Agency customers, the total purchases for each for the previous fiscal year along with a key contact for each. K. Describe Supplier's information systems capabilities and limitations regarding order management through receipt of payment, including description of multiple platforms that may be used for any of these functions. L. Provide the Contract Sales (as defined in Section 10 of the OMNIA Partners, Public Sector Administration Agreement) that Supplier will guarantee each year under the Master Agreement for the initial three years of the Master Agreement ("Guaranteed Contract Sales"). Requirements for National Cooperative Contract Page 61 of 122 521 $ .00 in year one $ .00 in year two $ .00 in year three To the extent Supplier guarantees minimum Contract Sales, the administration fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales. M. Even though it is anticipated many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances where Public Agencies will issue their own solicitations. The following options are available when responding to a solicitation for Products covered under the Master Agreement. i. Respond with Master Agreement pricing (Contract Sales reported to OMNIA Partners, Public Sector). ii. If competitive conditions require pricing lower than the standard Master Agreement not-to-exceed pricing, Supplier may respond with lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sales to OMNIA Partners, Public Sector under the Master Agreement. iii. Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to OMNIA Partners, Public Sector). iv. If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include Master Agreement as the alternate or additional proposal. Detail Supplier's strategies under these options when responding to a solicitation. Requirements for National Cooperative Contract Page 62 of 122 522 EXHIBIT B ADMINISTRATION AGREEMENT,EXAMPLE ADMINISTRATION AGREEMENT THIS ADMINISTRATION AGREEMENT (this "Agreement") is made this _ day of 20_, between National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector ("OMNIA Partners, Public Sector"), and ("Supplier"). RECITALS WHEREAS, the (the "Principal Procurement Agency") has entered into a Master Agreement effective ,Agreement No , by and between the Principal Procurement Agency and Supplier, (as may be amended from time to time in accordance with the terms thereof, the "Master Agreement"), as attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein, for the purchase of (the "Product"); WHEREAS, said Master Agreement provides that any or all public agencies, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (collectively, "Public Agencies"), that register (either via registration on the OMNIA Partners, Public Sector website or execution of a Master Intergovernmental Cooperative Purchasing Agreement, attached hereto as Exhibit B) (each, hereinafter referred to as a "Participating Public Agency") may purchase Product at prices stated in the Master Agreement; WHEREAS, Participating Public Agencies may access the Master Agreement which is offered through OMNIA Partners, Public Sector to Public Agencies; WHEREAS, OMNIA Partners, Public Sector serves as the contract administrator of the Master Agreement on behalf of Principal Procurement Agency; WHEREAS, Principal Procurement Agency desires OMNIA Partners, Public Sector to proceed with administration of the Master Agreement; and WHEREAS, OMNIA Partners, Public Sector and Supplier desire to enter into this Agreement to make available the Master Agreement to Participating Public Agencies and to set forth certain terms and conditions governing the relationship between OMNIA Partners, Public Sector and Supplier. NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, OMNIA Partners, Public Sector and Supplier hereby agree as follows: DEFINITIONS 1. Capitalized terms used in this Agreement and not otherwise defined herein shall have the meanings given to them in the Master Agreement. Requirements for National Cooperative Contract Page 63 of 122 523 TERMS AND CONDITIONS 2. The Master Agreement and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. Supplier acknowledges and agrees that the covenants and agreements of Supplier set forth in the solicitation and Supplier's response thereto resulting in the Master Agreement are incorporated herein and are an integral part hereof. 3. OMNIA Partners, Public Sector shall be afforded all of the rights, privileges and indemnifications afforded to Principal Procurement Agency by or from Supplier under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to OMNIA Partners, Public Sector, its agents, employees, directors, and representatives under this Agreement including, but not limited to, Supplier's obligation to obtain appropriate insurance. 4. OMNIA Partners, Public Sector shall perform all of its duties, responsibilities and obligations as contract administrator of the Master Agreement on behalf of Principal Procurement Agency as set forth herein, and Supplier hereby acknowledges and agrees that all duties, responsibilities and obligations will be undertaken by OMNIA Partners, Public Sector solely in its capacity as the contract administrator under the Master Agreement. 5. With respect to any purchases by Principal Procurement Agency or any Participating Public Agency pursuant to the Master Agreement, OMNIA Partners, Public Sector shall not be: (i) construed as a dealer, re-marketer, representative, partner or agent of any type of the Supplier, Principal Procurement Agency or any Participating Public Agency; (ii) obligated, liable or responsible for any order for Product made by Principal Procurement Agency or any Participating Public Agency or any employee thereof under the Master Agreement or for any payment required to be made with respect to such order for Product; and (iii) obligated, liable or responsible for any failure by Principal Procurement Agency or any Participating Public Agency to comply with procedures or requirements of applicable law or the Master Agreement or to obtain the due authorization and approval necessary to purchase under the Master Agreement. OMNIA Partners, Public Sector makes no representation or guaranty with respect to any minimum purchases by Principal Procurement Agency or any Participating Public Agency or any employee thereof under this Agreement or the Master Agreement. 6. OMNIA Partners, Public Sector shall not be responsible for Supplier's performance under the Master Agreement, and Supplier shall hold OMNIA Partners, Public Sector harmless from any liability that may arise from the acts or omissions of Supplier in connection with the Master Agreement. 7. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OMNIA PARTNERS, PUBLIC SECTOR EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING OMNIA PARTNERS, PUBLIC SECTOR'S PERFORMANCE AS A CONTRACT ADMINISTRATOR OF THE MASTER AGREEMENT. OMNIA PARTNERS, PUBLIC SECTOR SHALL NOT BE LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF OMNIA PARTNERS, PUBLIC SECTOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TERM OF AGREEMENT; TERMINATION 8. This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the provisions of Sections 3 — 8 and 11 — 22, hereof and the Requirements for National Cooperative Contract Page 64 of 122 524 indemnifications afforded by the Supplier to OMNIA Partners, Public Sector in the Master Agreement, to the extent such provisions survive any expiration or termination of the Master Agreement, shall survive the expiration or termination of this Agreement. NATIONAL PROMOTION 9. OMNIA Partners, Public Sector and Supplier shall publicize and promote the availability of the Master Agreement's products and services to Public Agencies and such agencies' employees. Supplier shall require each Public Agency to register its participation in the OMNIA Partners, Public Sector program by either registering on the OMNIA Partners, Public Sector website (www.omnia artners.com/publicsector),_or executing a Master Intergovernmental Cooperative Purchasing Agreement prior to processing the Participating Public Agency's first sales order. Upon request, Supplier shall make available to interested Public Agencies a copy of the Master Agreement and such price lists or quotes as may be necessary for such Public Agencies to evaluate potential purchases. 10. Supplier shall provide such marketing and administrative support as set forth in the solicitation resulting in the Master Agreement, including assisting in development of marketing materials as reasonably requested by Principal Procurement Agency and OMNIA Partners, Public Sector. Supplier shall be responsible for obtaining permission or license of use and payment of any license fees for all content and images Supplier provides to OMNIA Partners, Public Sector or posts on the OMNIA Partners, Public Sector website. Supplier shall indemnify, defend and hold harmless OMNIA Partners, Public Sector for use of all such content and images including copyright infringement claims. Supplier and OMNIA Partners, Public Sector each hereby grant to the other party a limited, revocable, non-transferable, non-sublicensable right to use such party's logo (each, the"Logo") solely for use in marketing the Master Agreement. Each party shall provide the other party with the standard terms of use of such party's Logo, and such party shall comply with such terms in all material respects. Both parties shall obtain approval from the other party prior to use of such party's Logo. Notwithstanding the foregoing, the parties understand and agree that except as provided herein neither party shall have any right, title or interest in the other party's Logo. Upon termination of this Agreement, each party shall immediately cease use of the other party's Logo. ADMINISTRATIVE FEE, REPORTING & PAYMENT 11. An "Administrative Fee" shall be defined and due to OMNIA Partners, Public Sector from Supplier in the amount of_percent (_%) ("Administrative Fee Percentage") multiplied by the total purchase amount paid to Supplier, less refunds, credits on returns, rebates and discounts, for the sale of products and/or services to Principal Procurement Agency and Participating Public Agencies pursuant to the Master Agreement (as amended from time to time and including any renewal thereof) ("Contract Sales"). From time to time the parties may mutually agree in writing to a lower Administrative Fee Percentage for a specifically identified Participating Public Agency's Contract Sales. 12. Supplier shall provide OMNIA Partners, Public Sector with an electronic accounting report monthly, in the format prescribed by OMNIA Partners, Public Sector, summarizing all Contract Sales for each calendar month. The Contract Sales reporting format is provided as Exhibit C ("Contract Sales Report'), attached hereto and incorporated herein by reference. Contract Sales Reports for each calendar month shall be provided by Supplier to OMNIA Partners, Public Sector by the 10th day of the following month. Failure to provide a Contract Sales Report within the time and manner specified herein shall constitute a material breach of this Requirements for National Cooperative Contract Page 65 of 122 525 Agreement and if not cured within thirty (30) days of written notice to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency's sole discretion, and/or this Agreement, at OMNIA Partners, Public Sector's sole discretion. 13. Administrative Fee payments are to be paid by Supplier to OMNIA Partners, Public Sector at the frequency and on the due date stated in Section 12, above, for Supplier's submission of corresponding Contract Sales Reports. Administrative Fee payments are to be made via Automated Clearing House (ACH) to the OMNIA Partners, Public Sector designated financial institution identified in Exhibit D. Failure to provide a payment of the Administrative Fee within the time and manner specified herein shall constitute a material breach of this Agreement and if not cured within thirty (30) days of written notice to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency's sole discretion, and/or this Agreement, at OMNIA Partners, Public Sector's sole discretion. All Administrative Fees not paid when due shall bear interest at a rate equal to the lesser of one and one-half percent(1 1/2%) per month or the maximum rate permitted by law until paid in full. 14. Supplier shall maintain an accounting of all purchases made by Participating Public Agencies under the Master Agreement. OMNIA Partners, Public Sector, or its designee, in OMNIA Partners, Public Sector's sole discretion, reserves the right to compare Participating Public Agency records with Contract Sales Reports submitted by Supplier for a period of four (4) years from the date OMNIA Partners, Public Sector receives such report. In addition, OMNIA Partners, Public Sector may engage a third party to conduct an independent audit of Supplier's monthly reports. In the event of such an audit, Supplier shall provide all materials reasonably requested relating to such audit by OMNIA Partners, Public Sector at the location designated by OMNIA Partners, Public Sector. In the event an underreporting of Contract Sales and a resulting underpayment of Administrative Fees is revealed, OMNIA Partners, Public Sector will notify the Supplier in writing. Supplier will have thirty (30) days from the date of such notice to resolve the discrepancy to OMNIA Partners, Public Sector's reasonable satisfaction, including payment of any Administrative Fees due and owing, together with interest thereon in accordance with Section 13, and reimbursement of OMNIA Partners, Public Sector's costs and expenses related to such audit. GENERAL PROVISIONS 15. This Agreement, the Master Agreement and the exhibits referenced herein supersede any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereto and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained or incorporated herein shall be valid or binding. In the event of any conflict between the provisions of this Agreement and the Master Agreement, as between OMNIA Partners, Public Sector and Supplier, the provisions of this Agreement shall prevail. 16. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any Administrative Fee and accrued interest, the prevailing party shall be entitled to reasonable attorney's fees and costs in addition to any other relief to which it may be entitled. 17. This Agreement and OMNIA Partners, Public Sector's rights and obligations hereunder may be assigned at OMNIA Partners, Public Sector's sole discretion to an affiliate of OMNIA Partners, Public Sector, any purchaser of any or all or substantially all of the assets of OMNIA Partners, Public Sector, or the successor entity as a result of a merger, reorganization, consolidation, conversion or change of control,whether by operation of law or otherwise. Supplier Requirements for National Cooperative Contract Page 66 of 122 526 may not assign its obligations hereunder without the prior written consent of OMNIA Partners, Public Sector. 18. All written communications given hereunder shall be delivered by first-class mail, postage prepaid, or overnight delivery on receipt to the addresses as set forth below. A. OMNIA Partners, Public Sector: OMNIA Partners, Public Sector Attn: President 840 Crescent Centre Drive Suite 600 Franklin, TN 37067 B. Supplier: 19. If any provision of this Agreement shall be deemed to be, or shall in fact be, illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever, and this Agreement will be construed by limiting or invalidating such provision to the minimum extent necessary to make such provision valid, legal and enforceable. 20. This Agreement may not be amended, changed, modified, or altered without the prior written consent of the parties hereto, and no provision of this Agreement may be discharged or waived, except by a writing signed by the parties. A waiver of any particular provision will not be deemed a waiver of any other provision, nor will a waiver given on one occasion be deemed to apply to any other occasion. 21. This Agreement shall inure to the benefit of and shall be binding upon OMNIA Partners, Public Sector, the Supplier and any respective successor and assign thereto; subject, however, to the limitations contained herein. 22. This Agreement will be construed under and governed by the laws of the State of Delaware, excluding its conflicts of law provisions and any action arising out of or related to this Agreement shall be commenced solely and exclusively in the state or federal courts in Williamson County Tennessee. 23. This Agreement may be executed in counterparts, each of which is an original but all of which, together, shall constitute but one and the same instrument. The exchange of copies of this Agreement and of signature pages by facsimile, or by .pdf or similar electronic transmission, will constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes. Signatures of the parties transmitted by facsimile, or by .pdf or similar electronic transmission, will be deemed to be their original signatures for any purpose whatsoever. Requirements for National Cooperative Contract Page 67 of 122 527 [INSERT SUPPLIER ENTITY NAME] NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY,A DELAWARE CORPORATION D/B/A OMNIA PARTNERS,PUBLIC SECTOR Signature Signature Sarah Vavra Name Name Sr. Vice President,Public Sector Contracting Title Title Date Date Requirements for National Cooperative Contract Page 68 of 122 528 EXHIBIT C MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT, EXAMPLE MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This Master Intergovernmental Cooperative Purchasing Agreement (this "Aareement') is entered into by and between those certain government agencies that execute a Principal Procurement Agency Certificate ("Principal Procurement Agencies") with National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector and/or Communities Program Management, LLC, a California limited liability company d/b/a U.S. Communities (collectively, "OMNIA Partners. Public Sector") to be appended and made a part hereof and such other public agencies ("Participating Public Agencies") who register to participate in the cooperative purchasing programs administered by OMNIA Partners, Public Sector and its affiliates and subsidiaries (collectively, the "OMNIA Partners Parties") by either registering on the OMNIA Partners, Public Sector website (www.omnia artners.com/ or any successor website), or by executing a copy of this Agreement. RECITALS WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, in compliance with their own policies, procedures, rules and regulations, a number of suppliers have entered into "Master Agreements" (herein so called) to provide a variety of goods, products and services ("Products') to the applicable Principal Procurement Agency and the Participating Public Agencies; WHEREAS, Master Agreements are made available by Principal Procurement Agencies through the OMNIA Partners Parties and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable federal and/or local purchasing ordinances and the laws of the State of purchase; and WHEREAS, in addition to Master Agreements, the OMNIA Partners Parties may from time to time offer Participating Public Agencies the opportunity to acquire Products through other group purchasing agreements. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result, the parties hereby agree as follows: 1. Each party will facilitate the cooperative procurement of Products. 2. The Participating Public Agencies shall procure Products in accordance with and subject to the relevant federal, state and local statutes, ordinances, rules and regulations that govern Participating Public Agency's procurement practices. The Participating Public Agencies hereby acknowledge and agree that it is the intent of the parties that all provisions of this Agreement and that Principal Procurement Agencies' participation in the program described herein comply with all applicable laws, including but not limited to the requirements of 42 C.F.R. § 1001.952(h), as may be amended from time to time. The Participating Public Agencies further acknowledge and agree that they are solely responsible for their compliance with all applicable"safe harbor' regulations, including Requirements for National Cooperative Contract Page 69 of 68 529 but not limited to any and all obligations to fully and accurately report discounts and incentives. 3. The Participating Public Agency represents and warrants that the Participating Public Agency is not a hospital or other healthcare provider and is not purchasing Products on behalf of a hospital or healthcare provider. 4. The cooperative use of Master Agreements shall be in accordance with the terms and conditions of the Master Agreements, except as modification of those terms and conditions is otherwise required by applicable federal, state or local law, policies or procedures. 5. The Principal Procurement Agencies will make available, upon reasonable request, Master Agreement information which may assist in improving the procurement of Products by the Participating Public Agencies. 6. The Participating Public Agency agrees the OMNIA Partners Parties may provide access to group purchasing organization ("GU") agreements directly or indirectly by enrolling the Participating Public Agency in another GPO's purchasing program provided the purchase of Products through the OMNIA Partners Parties or any other GPO shall be at the Participating Public Agency's sole discretion. 7. The Participating Public Agencies (each a "Procuring Party") that procure Products through any Master Agreement or GPO Product supply agreement (each a "GPO Contract") will make timely payments to the distributor, manufacturer or other vendor (collectively, " u lier') for Products received in accordance with the terms and conditions of the Master Agreement or GPO Contract, as applicable. Payment for Products and inspections and acceptance of Products ordered by the Procuring Party shall be the exclusive obligation of such Procuring Party. Disputes between Procuring Party and any Supplier shall be resolved in accordance with the law and venue rules of the State of purchase unless otherwise agreed to by the Procuring Party and Supplier. 8. The Procuring Party shall not use this Agreement as a method for obtaining additional concessions or reduced prices for purchase of similar products or services outside of the Master Agreement. Master Agreements may be structured with not-to-exceed pricing, in which cases the Supplier may offer the Procuring Party and the Procuring Party may accept lower pricing or additional concessions for purchase of Products through a Master Agreement. 9. The Procuring Party shall be responsible for the ordering of Products under this Agreement. A non-procuring party shall not be liable in any fashion for any violation by a Procuring Party, and, to the extent permitted by applicable law, the Procuring Party shall hold non-procuring party harmless from any liability that may arise from the acts or omissions of the Procuring Party. 10. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE OMNIA PARTNERS PARTIES EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING ANY PRODUCT, MASTER AGREEMENT AND GPO CONTRACT. THE OMNIA PARTNERS PARTIES SHALL NOT BE LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF THE OMNIA PARTNERS PARTIES ARE ADVISED OF THE POSSIBILITY Requirements for National Cooperative Contract Page 70 of 122 530 OF SUCH DAMAGES. FURTHER, THE PROCURING PARTY ACKNOWLEDGES AND AGREES THAT THE OMNIA PARTNERS PARTIES SHALL HAVE NO LIABILITY FOR ANY ACT OR OMISSION BY A SUPPLIER OR OTHER PARTY UNDER A MASTER AGREEMENT OR GPO CONTRACT. 11. This Agreement shall remain in effect until termination by either party giving thirty (30) days' written notice to the other party. The provisions of Paragraphs 6 - 10 hereof shall survive any such termination. 12. This Agreement shall take effect upon (i) execution of the Principal Procurement Agency Certificate, or (ii) registration on the OMNIA Partners, Public Sector website or the execution of this Agreement by a Participating Public Agency, as applicable. NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY,A DELAWARE CORPORATION D/B/A OMNIA PARTNERS,PUBLIC SECTOR AND/OR COMMUNITIES PROGRAM MANAGEMENT, LLC,A CALIFORNIA LIMITED LIABILITY COMPANY D/B/A U.S. COMMUNITIES Authorized Signature Signature Sarah E. Vavra Name Name Sr. Vice President,Public Sector Contracting Title and Agency Name Title Date Date Requirements for National Cooperative Contract Page 71 of 122 531 EXHIBIT D PRINCIPAL PROCUREMENT AGENCY CERTIFICATE,EXAMPLE PRINCIPAL PROCUREMENT AGENCY CERTIFICATE In its capacity as a Principal Procurement Agency (as defined below) for National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector ("OMNIA Partners, Public Sector'), [NAME OF PPA] agrees to pursue Master Agreements for Products as specified in the attached Exhibits to this Principal Procurement Agency Certificate. I hereby acknowledge, in my capacity as of and on behalf of [NAME OF PPA] ("Principal Procurement Agency"), that I have read and hereby agree to the general terms and conditions set forth in the attached Master Intergovernmental Cooperative Purchasing Agreement regulating the use of the Master Agreements and purchase of Products that from time to time are made available by Principal Procurement Agencies to Participating Public Agencies nationwide through OMNIA Partners, Public Sector. I understand that the purchase of one or more Products under the provisions of the Master Intergovernmental Cooperative Purchasing Agreement is at the sole and complete discretion of the Participating Public Agency. Authorized Signature, [PRINCIPAL PROCUREMENT AGENCY] Signature Name Title Date Requirements for National Cooperative Contract Page 72 of 68 532 EXHIBIT E CONTRACT SALES REPORTING TEMPLATE ONINIA RkRINERS,PUBLIC SECTOR E7MBIT 9 EXMIT C-CO;NTRACT&UES REPORTING TIMPLkIl inNficrMftExcelfnniat) OMNIA Partners, Public Sector Contract Sales Monthly Report Supplier Name: Contract Sales Report Month: Contract ID: Supplier Reporting Contact: Title: Phone: Email: Participating Ageiif4# Assigiied by Contract Participating Agency Name Address City State Zip Code OMNIA Transaction Date Sales for Admin Admin Partners, (Date of Sale) IAwith($) Fee% Fee PL,110liC Sector and provided I I to SUPPlier) I Report Totals CLIMIL113tiVe Contract Sales Requirements for National Cooperative Contract Page 73 of 68 533 EXHIBIT F FEDERAL FUNDS CERTIFICATIONS FEDERAL CERTIFICATIONS ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT TO WHOM IT MAY CONCERN: Participating Agencies may elect to use federal funds to purchase under the Master Agreement.This form should be completed and returned. DEFINITIONS Contract means a legal instrument by which a non—Federal entity purchases property or services needed to carry out the project or program under a Federal award.The term as used in this part does not include a legal instrument,even if the non—Federal entity considers it a contract,when the substance of the transaction meets the definition of a Federal award or subaward Contractor means an entity that receives a contract as defined in Contract. Cooperative agreement means a legal instrument of financial assistance between a Federal awarding agency or pass-through entity and a non—Federal entity that,consistent with 31 U.S.C.6302-6305: (a) Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass-through entity to the non—Federal entity to carry out a public purpose authorized by a law of the United States(see 31 U.S.C.6101(3));and not to acquire property or services for the Federal government or pass-through entity's direct benefit or use; (b) Is distinguished from a grant in that it provides for substantial involvement between the Federal awarding agency or pass-through entity and the non—Federal entity in carrying out the activity contemplated by the Federal award. (c)The term does not include: (1)A cooperative research and development agreement as defined in 15 U.S.C.3710a;or (2)An agreement that provides only: (i) Direct United States Government cash assistance to an individual; (ii)A subsidy; (iii)A loan; (iv)A loan guarantee;or (v) Insurance. Federal awarding agency means the Federal agency that provides a Federal award directly to a non—Federal entity Federal award has the meaning,depending on the context, in either paragraph(a)or(b)of this section: (a)(1) The Federal financial assistance that a non—Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity,as described in§200.101 Applicability;or (2) The cost-reimbursement contract under the Federal Acquisition Regulations that a non—Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in § 200.101 Applicability. (b)The instrument setting forth the terms and conditions.The instrument is the grant agreement,cooperative agreement, other agreement for assistance covered in paragraph (b) of § 200.40 Federal financial assistance, or the cost- reimbursement contract awarded under the Federal Acquisition Regulations. (c) Federal award does not include other contracts that a Federal agency uses to buy goods or services from a contractor or a contract to operate Federal government owned,contractor operated facilities(GOCOs). (d) See also definitions of Federal financial assistance,grant agreement,and cooperative agreement. Non—Federal entity means a state,local government, Indian tribe,institution of higher education(IHE),or nonprofit organization that carries out a Federal award as a recipient or subrecipient. Nonprofit organization means any corporation,trust,association,cooperative,or other organization,not including IHEs,that: (a) Is operated primarily for scientific,educational,service,charitable,or similar purposes in the public interest; Requirements for National Cooperative Contract Page 74 of 68 534 (b) Is not organized primarily for profit;and (c) Uses net proceeds to maintain, improve,or expand the operations of the organization. Obligations means, when used in connection with a non—Federal entity's utilization of funds under a Federal award, orders placed for property and services, contracts and subawards made, and similar transactions during a given period that require payment by the non—Federal entity during the same or a future period. Pass-through entity means a non—Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program. Recipient means a non—Federal entity that receives a Federal award directly from a Federal awarding agency to carry out an activity under a Federal program.The term recipient does not include subrecipients. Simplified acquisition threshold means the dollar amount below which a non—Federal entity may purchase property or services using small purchase methods. Non—Federal entities adopt small purchase procedures in order to expedite the purchase of items costing less than the simplified acquisition threshold.The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions)and in accordance with 41 U.S.C. 1908.As of the publication of this part,the simplified acquisition threshold is$250,000,but this threshold is periodically adjusted for inflation. (Also see definition of§200.67 Micro-purchase.) Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program.A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. Subrecipient means a non—Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program;but does not include an individual that is a beneficiary of such program.A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. Termination means the ending of a Federal award, in whole or in part at any time prior to the planned end of period of performance. The following certifications and provisions may be required and apply when Participating Agency expends federal funds for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agency's subcontractors shall contain the procurement provisions of Appendix II to Part 200,as applicable. APPENDIX II TO 2 CFR PART 200 (A)Contracts for more than the simplified acquisition threshold currently set at$250,000,which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative,contractual,or legal remedies in instances where contractors violate or breach contract terms,and provide for such sanctions and penalties as appropriate. Pursuant to Federal Rule (A)above,when a Participating Agency expends federal funds,the Participating Agency reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party. Does offeror agree?YES Initials of Authorized Representative of offeror (B)Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement.(All contracts in excess of$10,000) Pursuant to Federal Rule(B)above,when a Participating Agency expends federal funds,the Participating Agency reserves the right to immediately terminate any agreement in excess of$10,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror as detailed in the terms of the contract. Does offeror agree? YES Initials of Authorized Representative of offeror (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract"in 41 CFR Part 60-1.3 must include the equal opportunity clause Requirements for National Cooperative Contract Page 75 of 122 535 provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 CFR 12319, 12935,3 CFR Part, 1964-1965 Comp., p.339),as amended by Executive Order 11375,"Amending Executive Order 11246 Relating to Equal Employment Opportunity,"and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor." Pursuant to Federal Rule (C) above,when a Participating Agency expends federal funds on any federally assisted construction contract,the equal opportunity clause is incorporated by reference herein. Does offeror agree to abide by the above? YES Initials of Authorized Representative of offeror (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148)as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction").In accordance with the statute,contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation.The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non - Federal entity must report all suspected or reported violations to the Federal awarding agency.The contracts must also include a provision for compliance with the Copeland "Anti-Kickback"Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations(29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each contractor or subrecipient must be prohibited from inducing,by any means,any person employed in the construction,completion,or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled.The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all contracts and subgrants for construction or repair,offeror will be in compliance with all applicable Davis-Bacon Act provisions. Does offeror agree?YES Initials of Authorized Representative of offeror (E) 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 CFR Part 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. Pursuant to Federal Rule (E) above,when a Participating Agency expends federal funds, offeror certifies that offeror will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Participating Agency resulting from this procurement process. Does offeror agree? YES Initials of Authorized Representative of offeror (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR §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 CFR Part 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. Pursuant to Federal Rule (F) above,when federal funds are expended by Participating Agency,the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule(F)above. Does offeror agree? YES Initials of Authorized Representative of offeror Requirements for National Cooperative Contract Page 76 of 122 536 (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires 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) Pursuant to Federal Rule (G)above,when federal funds are expended by Participating Agency,the offeror certifies that during the term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule(G)above. Does offeror agree? YES Initials of Authorized Representative of offeror (H)Debarment and Suspension(Executive Orders 12549 and 12689)—A contract award(see 2 CFR 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 Executive Office of the President Office of Management and Budget (OMB) guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 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. Pursuant to Federal Rule (H) above,when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that neither it nor its principals is presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation by any federal department or agency. If at any time during the term of an award the offeror or its principals becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency,the offeror will notify the Participating Agency. Does offeror agree? YES Initials of Authorized Representative of offeror (1) Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not 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. Each tier must also 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. Pursuant to Federal Rule (1) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment(31 U.S.C. 1352). The undersigned further certifies that: (1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract,the making of a Federal grant, the making of a Federal loan,the entering into a cooperative agreement,and the extension,continuation,renewal,amendment, or modification of a Federal contract,grant, loan,or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying",in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly. Does offeror agree? YES Initials of Authorized Representative of offeror RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror Requirements for National Cooperative Contract Page 77 of 122 537 certifies that it will comply with the record retention requirements detailed in 2 CFR §200.333. The offeror further certifies that offeror will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports,as applicable,and all other pending matters are closed. Does offeror agree? YES Initials of Authorized Representative of offeror CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Participating Agency expends federal funds for any contract resulting from this procurement process,offeror certifies that it will 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(42 U.S.C.6321 et seq.;49 C.F.R.Part 18). Does offeror agree? YES Initials of Authorized Representative of offeror CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS To the extent purchases are made with Federal Highway Administration,Federal Railroad Administration,or Federal Transit Administration funds,offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition. Does offeror agree? YES Initials of Authorized Representative of offeror CERTIFICATION OF ACCESS TO RECORDS—2 C.F.R.§200.336 Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any documents, papers, or other records of offeror that are pertinent to offeror's discharge of its obligations under the Contract for the purpose of making audits, examinations,excerpts,and transcriptions.The right also includes timely and reasonable access to offeror's personnel for the purpose of interview and discussion relating to such documents. Does offeror agree? YES Initials of Authorized Representative of offeror CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions. Does offeror agree? YES Initials of Authorized Representative of offeror Offeror agrees to comply with all federal,state,and local laws,rules,regulations and ordinances,as applicable.It is further acknowledged that offeror certifies compliance with all provisions,laws,acts,regulations,etc.as specifically noted above. Offeror's Name: Address,City,State,and Zip Code: Phone Number: Fax Number: Printed Name and Title of Authorized Representative: Email Address: Signature of Authorized Representative: Date: Requirements for National Cooperative Contract Page 78 of 122 538 FEMA SPECIAL CONDITIONS Awarded Supplier(s) may need to respond to events and losses where products and services are needed for the immediate and initial response to emergency situations such as, but not limited to, water damage, fire damage, vandalism cleanup, biohazard cleanup, sewage decontamination, deodorization, and/or wind damage during a disaster or emergency situation. By submitting a proposal, the Supplier is accepted these FEMA Special Conditions required by the Federal Emergency Management Agency(FEMA). "Contract" in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as the "Master Agreement". "Contractor" in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as "Supplier" or"Awarded Supplier". Conflicts of Interest No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a FEMA award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties, has a financial or other interest in or a tangible personal benefit from a firm considered for award. 2 C.F.R. § 200.318(c)(1); See also Standard Form 424D, ¶ 7; Standard Form 424B, ¶ 3. i. FEMA considers a "financial interest" to be the potential for gain or loss to the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties as a result of the particular procurement. The prohibited financial interest may arise from ownership of certain financial instruments or investments such as stock, bonds, or real estate, or from a salary, indebtedness,job offer, or similar interest that might be affected by the particular procurement. ii. FEMA considers an "apparent" conflict of interest to exist where an actual conflict does not exist, but where a reasonable person with knowledge of the relevant facts would question the impartiality of the employee, officer, or agent participating in the procurement. c. Gifts. The officers, employees, and agents of the Participating Public Agency nor the Participating Public Agency ("NFE") must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, NFE's may set standards for situations in which the financial interest is de minimus, not substantial, or the gift is an unsolicited item of nominal value. 2 C.F.R. § 200.318(c)(1). d. Violations. The NFE's written standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the NFE. 2 C.F.R. § 200.318(c)(1). For example, the penalty for a NFE's employee may be dismissal, and the penalty for a contractor might be the termination of the contract. Contractor Integrity A contractor must have a satisfactory record of integrity and business ethics. Contractors that are debarred or suspended as described in Chapter III, ¶ 6.d must be rejected and cannot receive contract awards at any level. Public Policy A contractor must comply with the public policies of the Federal Government and state, local government, or tribal government. This includes, among other things, past and current compliance with the: a. Equal opportunity and nondiscrimination laws b. Five affirmative steps described at 2 C.F.R. §200.321(b)for all subcontracting under contracts supported by FEMA financial assistance; and FEMA Procurement Guidance June 21, 2016 Page IV-7 c. Applicable prevailing wage laws, regulations, and executive orders Affirmative Steps For any subcontracting opportunities, Contractor must take the following Affirmative steps: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; Requirements for National Cooperative Contract Page 79 of 122 539 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Bid Guarantee For proposals that are to include construction/reconstruction/renovation and related services, bids must be accompanied by Certified or Cashier's Check or an approved Bid Bond in the amount of not less than five percent (5%) of the total bid. Surety shall provide a copy of the Power of Attorney authorizing the Executing Agent the authority to execute the bid bond documents and bind the Surety to the bid bond conditions. The bid bond shall have a corporate Surety that is licensed to conduct business in the state of the lead agency and authorized to underwrite bonds in the amount of the bid bond. Prevailing Wage Requirements When applicable,the awarded Contractor(s)and any and all subcontractor(s)agree to comply with all laws regarding prevailing wage rates including the Davis-Bacon Act, applicable to this solicitation and/or Participating Public Agencies. The Participating Public Agency shall notify the Contractor of the applicable pricing/prevailing wage rates and must apply any local wage rates requested. The Contractor and any subcontractor(s)shall comply with the prevailing wage rates set by the Participating Public Agency. Federal Requirements If products and services are issued in response to an emergency or disaster recovery the items below, located in this FEMA Special Conditions section of the Federal Funds Certifications, are activated and required when federal funding may be utilized. 2 C.F.R. &200.326 and 2 C.F.R. Part 200,Appendix II, Required Contract Clauses 9. Termination for Convenience: The right to terminate this Contract for the convenience of the Participating Public Agency is retained by the Participating Public Agency. In the event of a termination for convenience by the Participating Public Agency, the Participating Public Agency shall, at least ten (10) calendar days in advance, deliver written notice of the termination for convenience to Contractor. Upon Contractor's receipt of such written notice, Contractor immediately shall cease the performance of the Work and shall take reasonable and appropriate action to secure and protect the Work then in place. Contractor shall then be paid by the Participating Public Agency, in accordance with the terms and provisions of the Contract Documents, an amount not to exceed the actual labor costs incurred, the actual cost of all materials installed and the actual cost of all materials stored at the project site or away from the project site, as approved in writing by the Participating Public Agency but not yet paid for and which cannot be returned, and actual, reasonable and documented demobilization costs, if any, paid by Contractor and approved by the Participating Public Agency in connection with the Scope of Work in place which is completed as of the date of termination by the Participating Public Agency and that is in conformance with the Contract Documents, less all amounts previously paid for the Work. No amount ever shall be owed or paid to Contractor for lost or anticipated profits on any part of the Scope of Work not performed or for consequential damages of any kind. 10. Equal Employment Opportunity: The Participating Public Agency highly encourages Contractors to implement Affirmative Action practices in their employment programs. This means Contractor should not discriminate against any employee or applicant for employment because of race, color, religion,sex, pregnancy,sexual orientation, political belief or affiliation, age, disability or genetic information. During the performance of this contract, the contractor agrees as follows: Requirements for National Cooperative Contract Page 80 of 122 540 (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment,without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6)The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8)The contractor will include the provisions of paragraphs (1)through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 11. "During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the Requirements for National Cooperative Contract Page 81 of 122 541 following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race,color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided bylaw. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1)through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States." Requirements for National Cooperative Contract Page 82 of 122 542 12. Davis Bacon Act and Copeland Anti-KickbackAct. a. Applicability of Davis-Bacon Act. The Davis-Bacon Act only applies to the emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. It does not apply to other FEMA arant and cooperative aareement proarams. includina the Public Assistance Pro ara 1. b. All prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act(40 U.S.C. §§3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction)). See 2 C.F.R. Part 200, Appendix II, ¶D. c. In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once aweek. d. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. e. In contracts subject to the Davis-Bacon Act, the contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Copeland Anti- Kickback Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA. f. The regulation at 29 C.F.R. § 5.5(a) does provide the required contract clause that applies to compliance with both the Davis-Bacon and Copeland Acts. However, as discussed in the previous subsection,the Davis-Bacon Act does not apply to Public Assistance recipients and subrecipients. In situations where the Davis-Bacon Act does not apply. neither does the Copeland "Anti-Kickback Act." However, for purposes of grant programs where both clauses do apply, FEMA requires the following contract clause: "Compliance with the Copeland "Anti-Kickback"Act. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable,which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12." Requirements for National Cooperative Contract Page 83 of 122 543 13. Contract Work Hours and SafetyStandards Act. a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. b. Where applicable (see 40 U.S.C. § 3701), 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 at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II,¶E. c. Under 40 U.S.C. § 3702, 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 workweek. d. 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. e. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act: "Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory),for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1)of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1)of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient)shall upon its own action or upon written request of an authorized representative of the Department ofLaborwithhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and Requirements for National Cooperative Contract Page 84 of 122 544 liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1)through (4)of this section." 14. Rights to Inventions Made Under a Contract or Agreement. a. Stafford Act Disaster Grants. This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households—Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of"funding agreement." b. If the FEMA award meets the definition of"funding agreement" under 37 C.F.R.§401.2(a)and the non-Federal entity 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 non-Federal entity must comply with the requirements of 37 C.F.R. Part 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 FEMA. See 2 C.F.R. Part 200, Appendix II, ¶ F. c. The regulation at 37 C.F.R. §401.2(a) currently defines "funding agreement" as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. 15. Clean Air Act and the Federal Water Pollution Control Act. Contracts of amounts in excess of$150,000 must contain a provision that requires the contractor 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 FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II, ¶ G. a. The following provides a sample contract clause concerning compliance for contracts of amounts in excess of$150,000: "Clean Air Act (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq. (2) The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government)will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. Requirements for National Cooperative Contract Page 85 of 122 545 (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (4) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 etseq. (5) The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (6) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in partwith Federal assistance provided by FEMA." 16. Debarment and Suspension. a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. b. Non-federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension(1989)at 2 C.F.R. Part 180 and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Non procurement Debarment and Suspension). c. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part200,Appendix II,¶H; and Procurement Guidance for Recipients and Subrecipients Under 2 C.F.R. Part 200 (Uniform Rules): Supplement to the Public Assistance Procurement Disaster Assistance Team (PDAT) Field Manual Chapter IV, ¶ 6.d, and Appendix C, ¶ 2 [hereinafter PDAT Supplement]. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that 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. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530; PDAT Supplement, Chapter IV,¶6.d and Appendix C, ¶2. d. In general, an "excluded" party cannot receive a Federal grant award or a contract within the meaning of a "covered transaction," to include subawards and subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a "covered transaction,"which is any non-procurement transaction (unless excepted) at either a "primary" or"secondary" tier. Although "covered transactions" do not include contracts awarded by the Federal Government for purposes of the non-procurement common rule and DHS's implementing regulations, it does include some contracts awarded by recipients and subrecipient. e. Specifically, a covered transaction includes the following contracts for goods or services: (1) The contract is awarded by a recipient or subrecipient in the amount of at least$25,000. Requirements for National Cooperative Contract Page 86 of 122 546 (2) The contract requires the approval of FEMA, regardless of amount. (3) The contract is for federally required audit services. (4) A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of $25,000. d.The following provides a debarment and suspension clause. It incorporates an optional method of verifying that contractors are not excluded or disqualified: "Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000.As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905)are excluded (defined at 2 C.F.R.§ 180.940)or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by (insert name of subrecipient). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidderor proposer agrees to complywith the requirements of C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions." 17.Byrd Anti-Lobbying Amendment. c. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. d. Contractors that apply or bid for an award of $100,000 or more must file the required certification. See 2 C.F.R. Part 200, Appendix II,¶ I; 44 C.F.R. Part 18; PDAT Supplement, Chapter IV, 6.c; Appendix C, ¶4. e. Each tier certifies to the tier above that it will not and has not 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. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Requirements for National Cooperative Contract Page 87 of 122 547 Such disclosures are forwarded from tier to tier up to the non-Federal award. See PDAT Supplement, Chapter IV, ¶6.c and Appendix C, ¶4. f. The following provides a Byrd Anti-Lobbying contract clause: "Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not 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. Each tier shall also 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 recipient." APPENDIX A, 44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan,or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3.The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certifyand disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, , certifies or affirms the truthfulness and accuracyof each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C.§3801 et seq.,apply to this certification and disclosure, if any. Requirements for National Cooperative Contract Page 88 of 122 548 Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date" 18.Procurement of Recovered Materials. g. Applicability:This requirement applies to all FEMA grant and cooperative agreement programs. h. 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, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962). See 2 C.F.R. Part 200, Appendix II, ¶ J; 2 C.F.R. § 200.322; PDAT Supplement, Chapter V, ¶7. i. The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by 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. j. The following provides the clause that a state agency or agency of a political subdivision of a state and its contractors can include in contracts meeting the above contract thresholds: "(1) In the performance of this contract,the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing forcompliance with the contract performance schedule; (ii) Meetingcontract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designate items, is available at EPA's Comprehensive Procurement Guidelines web site, httgse//wwweepaegov/smm/comprehensive- procurement-guideline-cpg-program." 19.Additional FEMARequirements. k. The Uniform Rules authorize FEMA to require additional provisions for non- Federal entity contracts. FEMA, pursuant to this authority, requires or recommends the following: Requirements for National Cooperative Contract Page 89 of 122 549 I. Changes. To be eligible for FEMA assistance under the non-Federal entity's FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable,within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. FEMA recommends, therefore, that a non-Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end-item procured. m. Access to Records. All non-Federal entities must place into their contracts a provision that all contractors and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing Department and FEMA access to records, accounts, documents, information, facilities, and staff. See DHS Standard Terms and Conditions, v 3.0, ¶XXVI (2013). n. The following provides a contract clause regarding access to records: "Access to Records. The following access to records requirements apply to this contract: (4) The contractor agrees to provide (insert name of state agency or local or Indian tribal government), (insert name of recipient), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (5) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (6) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract." 20.DHS Seal, Logo, and Flags. o. All non-Federal entities must place in their contracts a provision that a contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. See DHS Standard Terms and Conditions, v 3.0, ¶XXV(2013). p. The following provides a contract clause regarding DHS Seal, Logo, and Flags: "The contractor shall not use the DHS seal(s), logos,crests,or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval." 21.Compliance with Federal Law, Regulations, and Executive Orders. q. All non-Federal entities must place into their contracts an acknowledgement that FEMA financial assistance will be used to fund the contract along with the requirement that the Requirements for National Cooperative Contract Page 90 of 122 550 contractor will comply with all applicable federal law, regulations, executive orders, and FEMA policies, procedures, and directives. r. The following provides a contract clause regarding Compliance with Federal Law, Regulations, and Executive Orders: "This is an acknowledgement that FEMA financial assistance will be used to fund the contract only.The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives." 22.No Obligation by Federal Government. s. The non-Federal entity must include a provision in its contract that states that the Federal Government is not a party to the contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. t. The following provides a contract clause regarding no obligation by the Federal Government: "The Federal Government is not a party to this contract and is not subject to anyobligations or liabilities to the non-Federal entity,contractor,or any other party pertaining to any matter resulting from the contract." 23.Program Fraud and False or Fraudulent Statements or Related Acts. u. The non-Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements)applies to its actions pertaining to the contract. v. The following provides a contract clause regarding Fraud and False or Fraudulent or Related Acts: "The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract." Additional contract clauses per 2 C.F.R. §200.325 For applicable construction/reconstruction/renovation and related services: A payment and performance bond are both required for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. A "Payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided in the contract. Offeror agrees to comply with all terms and conditions outlined in the FEMA Special Conditions section of this solicitation. Offeror's Name: Address, City, State, and Zip Code: Phone Number: Fax Number: Printed Name and Title of Authorized Representative: Email Address: Signature of Authorized Representative: Date: Requirements for National Cooperative Contract Page 91 of 122 551 EXHIBIT G NEW JERSEY BUSINESS COMPLIANCE NEW JERSEY BUSINESS COMPLIANCE Suppliers intending to do business in the State of New Jersey must comply with policies and procedures required under New Jersey statues. All offerors submitting proposals must complete the following forms specific to the State of New Jersey. Completed forms should be submitted with the offeror's response to the RFP. Failure to complete the New Jersey packet will impact OMNIA Partners, Public Sector's ability to promote the Master Agreement in the State of New Jersey. DOC #1 Ownership Disclosure Form DOC #2 Non-Collusion Affidavit DOC #3 Affirmative Action Affidavit DOC #4 Political Contribution Disclosure Form DOC #5 Stockholder Disclosure Certification DOC #6 Certification of Non-Involvement in Prohibited Activities in Iran DOC #7 New Jersey Business Registration Certificate New Jersey suppliers are required to comply with the following New Jersey statutes when applicable: • all anti-discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A. 10:2-14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38; • Prevailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the contemplation of the Act; • Public Works Contractor Registration Act, N.J.S.A. 34:11-56.26; and • Bid and Performance Security, as required by the applicable municipal or state statutes. Requirements for National Cooperative Contract Page 92 of 122 552 DOC #1 OWNERSHIP DISCLOSURE FORM (N.J.S. 52:25-24.2) Pursuant to the requirements of P.L. 1999, Chapter 440 effective April 17, 2000 (Local Public Contracts Law), the offeror shall complete the form attached to these specifications listing the persons owning 10 percent (10%) or more of the firm presenting the proposal. Company Name: Street: City, State, Zip Code: Complete as appropriate: 1 certify that 1 am the sole owner of that there are no partners and the business is not incorporated, and the provisions of N.J.S. 52:25-24.2 do not apply. OR: 1 a partner in do hereby certify that the following is a list of all individual partners who own a 10% or greater interest therein. 1 further certify that if one (1) or more of the partners is itself a corporation or partnership, there is also set forth the names and addresses of the stockholders holding 10% or more of that corporation's stock or the individual partners owning 10% or greater interest in that partnership. OR: 1 an authorized representative of a corporation, do hereby certify that the following is a list of the names and addresses of all stockholders in the corporation who own 10% or more of its stock of any class. 1 further certify that if one (1) or more of such stockholders is itself a corporation or partnership, that there is also set forth the names and addresses of the stockholders holding 10% or more of the corporation's stock or the individual partners owning a 10% or greater interest in that partnership. (Note: If there are no partners or stockholders owning 10%or more interest, indicate none.) Name Address Interest 1 further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief. Date Authorized Signature and Title Requirements for National Cooperative Contract Page 93 of 122 553 DOC #2 NON-COLLUSION AFFIDAVIT Company Name: Street: City, State, Zip Code: State of County of 1, of the Name City in the County of State of of full age, being duly sworn according to law on my oath depose and say that: 1 am the of the firm of Title Company Name the Offeror making the Proposal for the goods, services or public work specified under the attached proposal, and that 1 executed the said proposal with full authority to do so; that said Offeror has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above proposal, and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that relies upon the truth of the statements contained in said proposal and in the statements contained in this affidavit in awarding the contract for the said goods, services or public work. 1 further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by Company Name Authorized Signature & Title Subscribed and sworn before me this day of 20 Notary Public of My commission expires 20 SEAL Requirements for National Cooperative Contract Page 94 of 68 554 DOC #3 AFFIRMATIVE ACTION AFFIDAVIT (P.L. 1975, C.127) Company Name: Street: City, State, Zip Code: Proposal Certification: Indicate below company's compliance with New Jersey Affirmative Action regulations. Company's proposal will be accepted even if company is not in compliance at this time. No contract and/or purchase order may be issued, however, until all Affirmative Action requirements are met. Required Affirmative Action Evidence: Procurement, Professional & Service Contracts (Exhibit A) Vendors must submit with proposal: 1. A photo copy of their Federal Letter of Affirmative Action Plan Approval OR 2. A photo copy of their Certificate of Employee Information Report OR 3. A complete Affirmative Action Employee Information Report (AA302) Public Work—Over$50,000 Total Project Cost: A. No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form AA201-A upon receipt from the B. Approved Federal or New Jersey Plan —certificate enclosed 1 further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief. Date Authorized Signature and Title Requirements for National Cooperative Contract Page 95 of 122 555 DOC #3, continued P.L. 1995, c. 127 (N.J.A.C. 17:27) MANDATORY AFFIRMATIVE ACTION LANGUAGE PROCUREMENT, PROFESSIONAL AND SERVICE CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment,without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non-discrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent with the applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time. The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the state of New Jersey and as established by applicable Federal law and applicable Federal court decisions. The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay-off to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these Requirements for National Cooperative Contract Page 96 of 122 556 regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27). Signature of Procurement Agent Requirements for National Cooperative Contract Page 97 of 122 557 DOC #4 C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Public Agency Instructions This page provides guidance to public agencies entering into contracts with business entities that are required to file Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors.What follows are instructions on the use of form local units can provide to contractors that are required to disclose political contributions pursuant to N.J.S.A. 19:44A-20.26 (P.L. 2005,c. 271, s.2). Additional information on the process is available in Local Finance Notice 2006-1 (http://www.ni.gov/dca/divisions/dl�4s/resources/lfns 2006.1ninl). Please refer back to these instructions for the appropriate links,as the Local Finance Notices include links that are no longer operational. 1. The disclosure is required for all contracts in excess of$17,500 that are not awarded pursuant to a"fair and open" process(N.J.S.A. 19:44A-20.7). 2. Due to the potential length of some contractor submissions,the public agency should consider allowing data to be submitted in electronic form(i.e.,spreadsheet,pdf file,etc.). Submissions must be kept with the contract documents or in an appropriate computer file and be available for public access. The form is worded to accept this alternate submission. The text should be amended if electronic submission will not be allowed. 3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract. Resolutions of award should reflect that the disclosure has been received and is on file. 4. The contractor must disclose contributions made to candidate and party committees covering a wide range of public agencies,including all public agencies that have elected officials in the county of the public agency,state legislative positions, and various state entities. The Division of Local Government Services recommends that contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and political committees of the officials and candidates affected by the disclosure. a. The Division has prepared model disclosure forms for each county. They can be downloaded from the"County PCD Forms" link on the Pay-to-Play web site at http://www.ni.gov/dca/divisions/dl�4s/programs/lpcl.html4ll2. They will be updated from time-to-time as necessary. b. A public agency using these forms should edit them to properly reflect the correct legislative district(s). As the forms are county-based, they list all legislative districts in each county. Districts that do not represent the public agency should be removed from the lists. c. Some contractors may find it easier to provide a single list that covers all contributions,regardless of the county. These submissions are appropriate and should be accepted. d. The form may be used"as-is", subject to edits as described herein. e. The "Contractor Instructions" sheet is intended to be provided with the form. It is recommended that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are printed on the back of the form;where that is not the case,the text should be edited accordingly. f. The form is a Word document and can be edited to meet local needs,and posted for download on web sites,used as an e-mail attachment,or provided as a printed document. 5. It is recommended that the contractor also complete a"Stockholder Disclosure Certification." This will assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract (See Local Finance Notice 2006-7 for additional information on this obligation at http://www.ni.gov/dca/divisions/dl�4s/resources/lfns 2006.hhnl). A sample Certification form is part of this package and the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable to Boards of Education. Requirements for National Cooperative Contract Page 98 of 122 558 DOC #4, continued C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Contractor Instructions Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a"fair and open"process(defined at N.J.S.A. 19:44A-20.7)are subject to the provisions of P.L.2005,c.271,s.2(N.J.S.A. 19:44A- 20.26). This law provides that 10 days prior to the award of such a contract,the contractor shall disclose contributions to: • any State,county,or municipal committee of a political party • any legislative leadership committee* • any continuing political committee(a.k.a.,political action committee) • any candidate committee of a candidate for,or holder of,an elective office: 0 of the public entity awarding the contract 0 of that county in which that public entity is located 0 of another public entity within that county 0 or of a legislative district in which that public entity is located or,when the public entity is a county,of any legislative district which includes all or part of the county The disclosure must list reportable contributions to any of the committees that exceed$300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions. N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following: • individuals with an"interest"ownership or control of more than 10%of the profits or assets of a business entity or 10%of the stock in the case of a business entity that is a corporation for profit • all principals,partners,officers,or directors of the business entity or their spouses • any subsidiaries directly or indirectly controlled by the business entity • IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity and filing as continuing political committees,(PACs). When the business entity is a natural person,"a contribution by that person's spouse or child,residing therewith,shall be deemed to be a contribution by the business entity." [N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the disclosure. Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the amount that the business entity failed to report. The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor's responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement. The enclosed form,a content-consistent facsimile,or an electronic data file containing the required details(along with a signed cover sheet)may be used as the contractor's submission and is disclosable to the public under the Open Public Records Act. The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts. *N.J.S.A. 19:44A-3(s): "The term "legislative leadership committee" means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1)for the purpose of receiving contributions and making expenditures." Requirements for National Cooperative Contract Page 99 of 122 559 DOC #4, continued C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Required Pursuant to N.J.S.A. 19:44A-20.26 This form or its permitted facsimile must be submitted to the local unit no later than 10 days prior to the award of the contract. If:::'a in II in Oir II ire-formation Vendor Name: Address: City: State: zip: The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form. Signature Printed Name Title Part II — Contribution Disclosure Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit. ❑ Check here if disclosure is provided in electronic form Contributor Name Recipient Name Date Dollar Amount ❑ Check here if the information is continued on subsequent page(s) Requirements for National Cooperative Contract Page 100 of 122 560 DOC #4, continued List of Agencies with Elected Officials Required for Political Contribution Disclosure N.J.S.A. 19:44A-20.26 County Name: State: Governor, and Legislative Leadership Committees Legislative District#s: State Senator and two members of the General Assembly per district. County: Freeholders County Clerk Sheriff {County Executive} Surrogate Municipalities (Mayor and members of governing body, regardless of title): USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM THE PAY TO PLAY SECTION OF THE DLGS WEBSITE A COUNTY- BASED, CUSTOMIZABLE FORM. Requirements for National Cooperative Contract Page 101 of 122 561 DOC #5 STOCKHOLDER DISCLOSURE CERTIFICATION Name of Business: 0 1 certify that the list below contains the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the undersigned. OR 0 1 certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned. Check the box that represents the type of business organization: 0 Partnership 0 Corporation 0 Sole Proprietorship 0 Limited Partnership 0 Limited Liability Corporation 0 Limited Liability Partnership OSubchapter S Corporation Sign and notarize the form below, and, if necessary, complete the stockholder list below. Stockholders: Name: Name: Home Address: Home Address: Name: Name: Home Address: Home Address: Name: Name: Home Address: Home Address: Subscribed and sworn before me this_day of 2_. (Affiant) (Notary Public) (Print name &title of affiant) My Commission expires: (Corporate Seal Requirements for National Cooperative Contract Page 102 of 122 562 DOC #6 Certification of Non-Involvement in Prohibited Activities in Iran Pursuant to N.J.S.A. 52:32-58, Offerors must certify that neither the Offeror, nor any of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32 —56(e) (3)), is listed on the Department of the Treasury's List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32 —56(f). Offerors wishing to do business in New Jersey through this contract must fill out the Certification of Non-Involvement in Prohibited Activities in Iran here: http://www.state.ni.us/humanservices/dfd/info/standard/fdc/disclosure investmentact.�df. Offerors should submit the above form completed with their proposal. Requirements for National Cooperative Contract Page 103 of 122 563 DOC #7 NEW JERSEY BUSINESS REGISTRATION CERTIFICATE (N.J.S.A. 52:32-44) Offerors wishing to do business in New Jersey must submit their State Division of Revenue issued Business Registration Certificate with their proposal here. Failure to do so will disqualify the Offeror from offering products or services in New Jersey through any resulting contract. http://www.state.ni.us/treasury/revenue/forms/nire . df Requirements for National Cooperative Contract Page 104 of 122 564 EXHIBIT H ADVERTISING COMPLIANCE REQUIREMENT Pursuant to certain state notice provisions, including but not limited to Oregon Revised Statutes Chapter 279A.220, the following public agencies and political subdivisions of the referenced public agencies are eligible to register with OMNIA Partners, Public Sector and access the Master Agreement contract award made pursuant to this solicitation, and are hereby given notice of the foregoing request for proposals for purposes of complying with the procedural requirements of said statutes: Nationwide: State of Alabama State of Hawaii State of State of New Mexico State of South Massachusetts Dakota State of Alaska State of Idaho State of Michigan State of New York State of Tennessee State of Arizona State of Illinois State of Minnesota State of North State of Texas Carolina State of State of Indiana State of Mississippi State of North State of Utah Arkansas Dakota State of State of Iowa State of Missouri State of Ohio State of California Vermont State of Colorado State of Kansas State of Montana State of Oklahoma State of Virginia State of State of State of Nebraska State of Oregon State of Connecticut Kentucky Washington State of State of State of Nevada State of State of West Delaware Louisiana Pennsylvania Virginia State of Florida State of Maine State of New State of Rhode State of Hampshire Island Wisconsin State of Georgia State of State of New State of South State of Maryland Jersey Carolina Wyoming District of Columbia Lists of political subdivisions and local governments in the above referenced states/districts may be found at hLp://www.usa.aov/Agencies/State and Territories.shtml and hops://www.usa.aov/local-governments. Certain Public Agencies and Political Subdivisions: CITIES, TOWNS,VILLAGES AND BOROUGHS CITY OF COTTAGE GROVE, OR INCLUDING BUT NOT LIMITED TO: CITY OF DONALD, OR BAKER CITY GOLF COURSE, OR CITY OF EUGENE, OR CITY OF ADAIR VILLAGE, OR CITY OF FOREST GROVE, OR CITY OF ASHLAND, OR CITY OF GOLD HILL, OR CITY OF AUMSVILLE, OR CITY OF GRANTS PASS, OR CITY OF AURORA, OR CITY OF GRESHAM, OR CITY OF BAKER, OR CITY OF HILLSBORO, OR CITY OF BATON ROUGE, LA CITY OF INDEPENDENCE, OR CITY OF BEAVERTON, OR CITY AND COUNTY OF HONOLULU, HI CITY OF BEND, OR CITY OF KENNER, LA CITY OF BOARDMAN, OR CITY OF LA GRANDE, OR CITY OF BONANAZA, OR CITY OF LAFAYETTE, LA CITY OF BOSSIER CITY, LA CITY OF LAKE CHARLES, OR CITY OF BROOKINGS, OR CITY OF LEBANON, OR CITY OF BURNS, OR CITY OF MCMINNVILLE, OR CITY OF CANBY, OR CITY OF MEDFORD, OR CITY OF CANYONVILLE, OR CITY OF METAIRIE, LA CITY OF CLATSKANIE, OR CITY OF MILL CITY, OR CITY OF COBURG, OR CITY OF MILWAUKIE, OR CITY OF CONDON, OR CITY OF MONROE, LA CITY OF COQUILLE, OR CITY OF MOSIER, OR CITY OF CORVALLI, OR CITY OF NEW ORLEANS, LA CITY OF CORVALLIS PARKS AND RECREATION CITY OF NORTH PLAINS, OR DEPARTMENT, OR CITY OF OREGON CITY, OR Requirements for National Cooperative Contract Page 105 of 68 565 CITY OF PILOT ROCK, OR CLAWSON, UT CITY OF PORTLAND, OR CLEARFIELD, UT CITY OF POWERS, OR CLEVELAND, UT CITY OF PRINEVILLE, OR CLINTON CITY CORPORATION, UT CITY OF REDMOND, OR COALVILLE, UT CITY OF REEDSPORT, OR CORINNE, UT CITY OF RIDDLE, OR CORNISH, UT CITY OF ROGUE RIVER, OR COTTONWOOD HEIGHTS, UT CITY OF ROSEBURG, OR DANIEL, UT CITY OF SALEM, OR DELTA, UT CITY OF SANDY, OR DEWEYVILLE, UT CITY OF SCAPPOOSE, OR DRAPER CITY, UT CITY OF SHADY COVE, OR DUCHESNE, UT CITY OF SHERWOOD, OR EAGLE MOUNTAIN, UT CITY OF SHREVEPORT, LA EAST CARBON, UT CITY OF SILVERTON, OR ELK RIDGE, UT CITY OF SPRINGFIELD, OR ELMO, UT CITY OF ST. HELENS, OR ELSINORE, UT CITY OF ST. PAUL, OR ELWOOD, UT CITY OF SULPHUR, LA EMERY, UT CITY OF TIGARD, OR ENOCH, UT CITY OF TROUTDALE, OR ENTERPRISE, UT CITY OF TUALATIN, OR EPHRAIM, UT CITY OF WALKER, LA ESCALANTE, UT CITY OF WARRENTON, OR EUREKA, UT CITY OF WEST LINN, OR FAIRFIELD, UT CITY OF WILSONVILLE, OR FAIRVIEW, UT CITY OF WINSTON, OR FARMINGTON, UT CITY OF WOODBURN, OR FARR WEST, UT LEAGUE OF OREGON CITES FAYETTE, UT THE CITY OF HAPPY VALLEY OREGON FERRON, UT ALPINE, UT FIELDING, UT ALTA, UT FILLMORE, UT ALTAMONT, UT FOUNTAIN GREEN, UT ALTON, UT FRANCIS, UT AMALGA, UT FRUIT HEIGHTS, UT AMERICAN FORK CITY, UT GARDEN CITY, UT ANNABELLA, UT GARLAND, UT ANTIMONY, UT GENOLA, UT APPLE VALLEY, UT GLENDALE, UT AURORA, UT GLENWOOD, UT BALLARD, UT GOSHEN, UT BEAR RIVER CITY, UT GRANTSVILLE, UT BEAVER, UT GREEN RIVER, UT BICKNELL, UT GUNNISON, UT BIG WATER, UT HANKSVILLE, UT BLANDING, UT HARRISVILLE, UT BLUFFDALE, UT HATCH, UT BOULDER, UT HEBER CITY CORPORATION, UT CITY OF BOUNTIFUL, UT HELPER, UT BRIAN HEAD, UT HENEFER, UT BRIGHAM CITY CORPORATION, UT HENRIEVILLE, UT BRYCE CANYON CITY, UT HERRIMAN, UT CANNONVILLE, UT HIDEOUT, UT CASTLE DALE, UT HIGHLAND, UT CASTLE VALLEY, UT HILDALE, UT CITY OF CEDAR CITY, UT HINCKLEY, UT CEDAR FORT, UT HOLDEN, UT CITY OF CEDAR HILLS, UT HOLLADAY, UT CENTERFIELD, UT HONEYVILLE, UT CENTERVILLE CITY CORPORATION, UT HOOPER, UT CENTRAL VALLEY, UT HOWELL, UT CHARLESTON, UT HUNTINGTON, UT CIRCLEVILLE, UT HUNTSVILLE, UT CLARKSTON, UT CITY OF HURRICANE, UT Requirements for National Cooperative Contract Page 106 of 122 566 HYDE PARK, UT PARADISE, UT HYRUM, UT PARAGONAH, UT INDEPENDENCE, UT PARK CITY, UT IVINS, UT PAROWAN, UT JOSEPH, UT PAYSON, UT JUNCTION, UT PERRY, UT KAMAS, UT PLAIN CITY, UT KANAB, UT PLEASANT GROVE CITY, UT KANARRAVILLE, UT PLEASANT VIEW, UT KANOSH, UT PLYMOUTH, UT KAYSVILLE, UT PORTAGE, UT KINGSTON, UT PRICE, UT KOOSHAREM, UT PROVIDENCE, UT LAKETOWN, UT PROVO, UT LA VERKIN, UT RANDOLPH, UT LAYTON, UT REDMOND, UT LEAMINGTON, UT RICHFIELD, UT LEEDS, UT RICHMOND, UT LEHI CITY CORPORATION, UT RIVERDALE, UT LEVAN, UT RIVER HEIGHTS, UT LEWISTON, UT RIVERTON CITY, UT LINDON, UT ROCKVILLE, UT LOA, UT ROCKY RIDGE, UT LOGAN CITY, UT ROOSEVELT CITY CORPORATION, UT LYMAN, UT ROY, UT LYNNDYL, UT RUSH VALLEY, UT MANILA, UT CITY OF ST. GEORGE, UT MANTI, UT SALEM, UT MANTUA, UT SALINA, UT MAPLETON, UT SALT LAKE CITY CORPORATION, UT MAR RIOTT-S LATE RVILLE, UT SANDY, UT MARYSVALE, UT SANTA CLARA, UT MAYFIELD, UT SANTAQUIN, UT MEADOW, UT SARATOGA SPRINGS, UT MENDON, UT SCIPIO, UT MIDVALE CITY INC., UT SCOFIELD, UT MIDWAY, UT SIGURD, UT MILFORD, UT SMITHFIELD, UT MILLVILLE, UT SNOWVILLE, UT MINERSVILLE, UT CITY OF SOUTH JORDAN, UT MOAB, UT SOUTH OGDEN, UT MONA, UT CITY OF SOUTH SALT LAKE, UT MONROE, UT SOUTH WEBER, UT CITY OF MONTICELLO, UT SPANISH FORK, UT MORGAN, UT SPRING CITY, UT MORONI, UT SPRINGDALE, UT MOUNT PLEASANT, UT SPRINGVILLE, UT MURRAY CITY CORPORATION, UT STERLING, UT MYTON, UT STOCKTON, UT NAPLES, UT SUNNYSIDE, UT NEPHI, UT SUNSET CITY CORP, UT NEW HARMONY, UT SYRACUSE, UT NEWTON, UT TABIONA, UT NIBLEY, UT CITY OF TAYLORSVILLE, UT NORTH LOGAN, UT TOOELE CITY CORPORATION, UT NORTH OGDEN, UT TOQUERVILLE, UT NORTH SALT LAKE CITY, UT TORREY, UT OAK CITY, UT TREMONTON CITY, UT OAKLEY, UT TRENTON, UT OGDEN CITY CORPORATION, UT TROPIC, UT OPHIR, UT UINTAH, UT ORANGEVILLE, UT VERNAL CITY, UT ORDERVILLE, UT VERNON, UT OREM, UT VINEYARD, UT PANGUITCH, UT VIRGIN, UT Requirements for National Cooperative Contract Page 107 of 122 567 WALES, UT MULTNOMAH COUNTY, OR WALLSBURG, UT MULTNOMAH COUNTY BUSINESS AND WASHINGTON CITY, UT COMMUNITY SERVICES, OR WASHINGTON TERRACE, UT MULTNOMAH COUNTY SHERIFFS OFFICE, OR WELLINGTON, UT MULTNOMAH LAW LIBRARY, OR WELLSVILLE, UT ORLEANS PARISH, LA WENDOVER, UT PLAQUEMINES PARISH, LA WEST BOUNTIFUL, UT POLK COUNTY, OR WEST HAVEN, UT RAPIDES PARISH, LA WEST JORDAN, UT SAINT CHARLES PARISH, LA WEST POINT, UT SAINT CHARLES PARISH PUBLIC SCHOOLS, LA WEST VALLEY CITY, UT SAINT LANDRY PARISH, LA WILLARD, UT SAINT TAMMANY PARISH, LA WOODLAND HILLS, UT SHERMAN COUNTY, OR WOODRUFF, UT TERREBONNE PARISH, LA WOODS CROSS, UT TILLAMOOK COUNTY, OR TILLAMOOK COUNTY SHERIFF'S OFFICE, OR COUNTIES AND PARISHES INCLUDING BUT TILLAMOOK COUNTY GENERAL HOSPITAL, OR NOT LIMITED TO: UMATILLA COUNTY, OR ASCENSION PARISH, LA UNION COUNTY, OR ASCENSION PARISH, LA, CLEAR OF COURT WALLOWA COUNTY, OR CADDO PARISH, LA WASCO COUNTY, OR CALCASIEU PARISH, LA WASHINGTON COUNTY, OR CALCASIEU PARISH SHERIFF'S OFFICE, LA WEST BATON ROUGE PARISH, LA CITY AND COUNTY OF HONOLULU, HI WHEELER COUNTY, OR CLACKAMAS COUNTY, OR YAMHILL COUNTY, OR CLACKAMAS COUNTY DEPT OF COUNTY OF BOX ELDER, UT TRANSPORTATION, OR COUNTY OF CACHE, UT CLATSOP COUNTY, OR COUNTY OF RICH, UT COLUMBIA COUNTY, OR COUNTY OF WEBER, UT COOS COUNTY, OR COUNTY OF MORGAN, UT COOS COUNTY HIGHWAY DEPARTMENT, OR COUNTY OF DAVIS, UT COUNTY OF HAWAII, OR COUNTY OF SUMMIT, UT CROOK COUNTY, OR COUNTY OF DAGGETT, UT CROOK COUNTY ROAD DEPARTMENT, OR COUNTY OF SALT LAKE, UT CURRY COUNTY, OR COUNTY OF TOOELE, UT DESCHUTES COUNTY, OR COUNTY OF UTAH, UT DOUGLAS COUNTY, OR COUNTY OF WASATCH, UT EAST BATON ROUGE PARISH, LA COUNTY OF DUCHESNE, UT GILLIAM COUNTY, OR COUNTY OF UINTAH, UT GRANT COUNTY, OR COUNTY OF CARBON, UT HARNEY COUNTY, OR COUNTY OF SANPETE, UT HARNEY COUNTY SHERIFFS OFFICE, OR COUNTY OF JUAB, UT HAWAII COUNTY, HI COUNTY OF MILLARD, UT HOOD RIVER COUNTY, OR COUNTY OF SEVIER, UT JACKSON COUNTY, OR COUNTY OF EMERY, UT JEFFERSON COUNTY, OR COUNTY OF GRAND, UT JEFFERSON PARISH, LA COUNTY OF BEVER, UT JOSEPHINE COUNTY GOVERNMENT, OR COUNTY OF PIUTE, UT LAFAYETTE CONSOLIDATED GOVERNMENT, LA COUNTY OF WAYNE, UT LAFAYETTE PARISH, LA COUNTY OF SAN JUAN, UT LAFAYETTE PARISH CONVENTION &VISITORS COUNTY OF GARFIELD, UT COMMISSION COUNTY OF KANE, UT LAFOURCHE PARISH, LA COUNTY OF IRON, UT KAUAI COUNTY, HI COUNTY OF WASHINGTON, UT KLAMATH COUNTY, OR LAKE COUNTY, OR OTHER AGENCIES INCLUDING ASSOCIATIONS, LANE COUNTY, OR BOARDS, DISTRICTS, COMMISSIONS, LINCOLN COUNTY, OR COUNCILS, PUBLIC CORPORATIONS, PUBLIC LINN COUNTY, OR DEVELOPMENT AUTHORITIES, RESERVATIONS LIVINGSTON PARISH, LA AND UTILITIES INCLUDING BUT NOT LIMITED MALHEUR COUNTY, OR TO: MAUI COUNTY, HI ADAIR R.F.P.D., OR MARION COUNTY, SALEM, OR ADEL WATER IMPROVEMENT DISTRICT, OR MORROW COUNTY, OR ADRIAN R.F.P.D., OR Requirements for National Cooperative Contract Page 108 of 122 568 AGNESS COMMUNITY LIBRARY, OR BIENVILLE PARISH FIRE PROTECTION AGNESS-ILLAHE R.F.P.D., OR DISTRICT 6, LA AGRICULTURE EDUCATION SERVICE BIG BEND IRRIGATION DISTRICT, OR EXTENSION DISTRICT, OR BIGGS SERVICE DISTRICT, OR ALDER CREEK-BARLOW WATER DISTRICT NO. BLACK BUTTE RANCH DEPARTMENT OF 29, OR POLICE SERVICES, OR ALFALFA FIRE DISTRICT, OR BLACK BUTTE RANCH R.F.P.D., OR ALSEA R.F.P.D., OR BLACK MOUNTAIN WATER DISTRICT, OR ALSEA RIVIERA WATER IMPROVEMENT BLODGETT-SUMMIT R.F.P.D., OR DISTRICT, OR BLUE MOUNTAIN HOSPITAL DISTRICT, OR AMITY FIRE DISTRICT, OR BLUE MOUNTAIN TRANSLATOR DISTRICT, OR ANTELOPE MEADOWS SPECIAL ROAD BLUE RIVER PARK&RECREATION DISTRICT, DISTRICT, OR OR APPLE ROGUE DISTRICT IMPROVEMENT BLUE RIVER WATER DISTRICT, OR COMPANY, OR BLY R.F.P.D., OR APPLEGATE VALLEY R.F.P.D.#9, OR BLY VECTOR CONTROL DISTRICT, OR ARCH CAPE DOMESTIC WATER SUPPLY BLY WATER AND SANITARY DISTRICT, OR DISTRICT, OR BOARDMAN CEMETERY MAINTENANCE ARCH CAPE SANITARY DISTRICT, OR DISTRICT, OR ARNOLD IRRIGATION DISTRICT, OR BOARDMAN PARK AND RECREATION DISTRICT ASH CREEK WATER CONTROL DISTRICT, OR BOARDMAN R.F.P.D., OR ATHENA CEMETERY MAINTENANCE DISTRICT, BONANZA BIG SPRINGS PARK&RECREATION OR DISTRICT, OR AUMSVILLE R.F.P.D., OR BONANZA MEMORIAL PARK CEMETERY AURORA R.F.P.D., OR DISTRICT, OR AZALEA R.F.P.D., OR BONANZA R.F.P.D., OR BADGER IMPROVEMENT DISTRICT, OR BONANZA-LANGELL VALLEY VECTOR BAILEY-SPENCER R.F.P.D., OR CONTROL DISTRICT, OR BAKER COUNTY LIBRARY DISTRICT, OR BORING WATER DISTRICT#24, OR BAKER R.F.P.D., OR BOULDER CREEK RETREAT SPECIAL ROAD BAKER RIVERTON ROAD DISTRICT, OR DISTRICT, OR BAKER VALLEY IRRIGATION DISTRICT, OR BRIDGE R.F.P.D., OR BAKER VALLEY S.W.C.D., OR BROOKS COMMUNITY SERVICE DISTRICT, OR BAKER VALLEY VECTOR CONTROL DISTRICT, BROWNSVILLE R.F.P.D., OR OR BUELL-RED PRAIRIE WATER DISTRICT, OR BANDON CRANBERRY WATER CONTROL BUNKER HILL R.F.P.D.#1, OR DISTRICT, OR BUNKER HILL SANITARY DISTRICT, OR BANDON R.F.P.D., OR BURLINGTON WATER DISTRICT, OR BANKS FIRE DISTRICT, OR BURNT RIVER IRRIGATION DISTRICT, OR BANKS FIRE DISTRICT#13, OR BURNT RIVER S.W.C.D., OR BAR L RANCH ROAD DISTRICT, OR CALAPOOIA R.F.P.D., OR BARLOW WATER IMPROVEMENT DISTRICT, OR CAMAS VALLEY R.F.P.D., OR BASIN AMBULANCE SERVICE DISTRICT, OR CAMELLIA PARK SANITARY DISTRICT, OR BASIN TRANSIT SERVICE TRANSPORTATION CAMMANN ROAD DISTRICT, OR DISTRICT, OR CAMP SHERMAN ROAD DISTRICT, OR BATON ROUGE WATER COMPANY CANBY AREA TRANSIT, OR BAY AREA HEALTH DISTRICT, OR CANBY R.F.P.D.#62, OR BAYSHORE SPECIAL ROAD DISTRICT, OR CANBY UTILITY BOARD, OR BEAR VALLEY SPECIAL ROAD DISTRICT, OR CANNON BEACH R.F.P.D., OR BEAVER CREEK WATER CONTROL DISTRICT, CANYONVILLE SOUTH UMPQUA FIRE DISTRICT, OR OR BEAVER DRAINAGE IMPROVEMENT COMPANY, CAPE FERRELO R.F.P.D., OR INC., OR CAPE FOULWEATHER SANITARY DISTRICT, OR BEAVER SLOUGH DRAINAGE DISTRICT, OR CARLSON PRIMROSE SPECIAL ROAD BEAVER SPECIAL ROAD DISTRICT, OR DISTRICT, OR BEAVER WATER DISTRICT, OR CARMEL BEACH WATER DISTRICT, OR BELLE MER S.I.G.L. TRACTS SPECIAL ROAD CASCADE VIEW ESTATES TRACT 2, OR DISTRICT, OR CEDAR CREST SPECIAL ROAD DISTRICT, OR BEND METRO PARK AND RECREATION CEDAR TRAILS SPECIAL ROAD DISTRICT, OR DISTRICT CEDAR VALLEY-NORTH BANK R.F.P.D., OR BENTON S.W.C.D., OR CENTRAL CASCADES FIRE AND EMS, OR BERNDT SUBDIVISION WATER IMPROVEMENT CENTRAL CITY ECONOMIC OPPORTUNITY DISTRICT, OR CORP, LA BEVERLY BEACH WATER DISTRICT, OR CENTRAL LINCOLN P.U.D., OR Requirements for National Cooperative Contract Page 109 of 122 569 CENTRAL OREGON COAST FIRE&RESCUE COLUMBIA RIVER FIRE &RESCUE, OR DISTRICT, OR COLUMBIA RIVER PUD, OR CENTRAL OREGON INTERGOVERNMENTAL COLUMBIA S.W.C.D., OR COUNCIL COLUMBIA S.W.C.D., OR CENTRAL OREGON IRRIGATION DISTRICT, OR CONFEDERATED TRIBES OF THE UMATILLA CHAPARRAL WATER CONTROL DISTRICT, OR INDIAN RESERVATION CHARLESTON FIRE DISTRICT, OR COOS COUNTY AIRPORT DISTRICT, OR CHARLESTON SANITARY DISTRICT, OR COOS COUNTY AIRPORT DISTRICT, OR CHARLOTTE ANN WATER DISTRICT, OR COOS COUNTY AREA TRANSIT SERVICE CHEHALEM PARK& RECREATION DISTRICT, DISTRICT, OR OR COOS COUNTY AREA TRANSIT SERVICE CHEHALEM PARK AND RECREATION DISTRICT DISTRICT, OR CHEMULT R.F.P.D., OR COOS FOREST PROTECTIVE ASSOCIATION CHENOWITH WATER P.U.D., OR COOS S.W.C.D., OR CHERRIOTS, OR COQUILLE R.F.P.D., OR CHETCO COMMUNITY PUBLIC LIBRARY COQUILLE VALLEY HOSPITAL DISTRICT, OR DISTRICT, OR CORBETT WATER DISTRICT, OR CHILOQUIN VECTOR CONTROL DISTRICT, OR CORNELIUS R.F.P.D., OR CHILOQUIN-AGENCY LAKE R.F.P.D., OR CORP RANCH ROAD WATER IMPROVEMENT, CHINOOK DRIVE SPECIAL ROAD DISTRICT, OR OR CHR DISTRICT IMPROVEMENT COMPANY, OR CORVALLIS R.F.P.D., OR CHRISTMAS VALLEY DOMESTIC WATER COUNTRY CLUB ESTATES SPECIAL WATER DISTRICT, OR DISTRICT, OR CHRISTMAS VALLEY PARK&RECREATION COUNTRY CLUB WATER DISTRICT, OR DISTRICT, OR COUNTRY ESTATES ROAD DISTRICT, OR CHRISTMAS VALLEY R.F.P.D., OR COVE CEMETERY MAINTENANCE DISTRICT, OR CITY OF BOGALUSA SCHOOL BOARD, LA COVE ORCHARD SEWER SERVICE DISTRICT, CLACKAMAS COUNTY FIRE DISTRICT#1, OR OR CLACKAMAS COUNTY SERVICE DISTRICT#1, COVE R.F.P.D., OR OR CRESCENT R.F.P.D., OR CLACKAMAS COUNTY VECTOR CONTROL CRESCENT SANITARY DISTRICT, OR DISTRICT, OR CRESCENT WATER SUPPLY AND CLACKAMAS RIVER WATER IMPROVEMENT DISTRICT, OR CLACKAMAS RIVER WATER, OR CROOK COUNTY AGRICULTURE EXTENSION CLACKAMAS S.W.C.D., OR SERVICE DISTRICT, OR CLATSKANIE DRAINAGE IMPROVEMENT CROOK COUNTY CEMETERY DISTRICT, OR COMPANY, OR CROOK COUNTY FIRE AND RESCUE, OR CLATSKANIE LIBRARY DISTRICT, OR CROOK COUNTY PARKS &RECREATION CLATSKANIE P.U.D., OR DISTRICT, OR CLATSKANIE PARK& RECREATION DISTRICT, CROOK COUNTY S.W.C.D., OR OR CROOK COUNTY VECTOR CONTROL DISTRICT, CLATSKANIE PEOPLE'S UTILITY DISTRICT OR CLATSKANIE R.F.P.D., OR CROOKED RIVER RANCH R.F.P.D., OR CLATSOP CARE CENTER HEALTH DISTRICT, CROOKED RIVER RANCH SPECIAL ROAD OR DISTRICT, OR CLATSOP COUNTY S.W.C.D., OR CRYSTAL SPRINGS WATER DISTRICT, OR CLATSOP DRAINAGE IMPROVEMENT CURRY COUNTY 4-H &EXTENSION SERVICE COMPANY#15, INC., OR DISTRICT, OR CLEAN WATER SERVICES CURRY COUNTY PUBLIC TRANSIT SERVICE CLEAN WATER SERVICES, OR DISTRICT, OR CLOVERDALE R.F.P.D., OR CURRY COUNTY S.W.C.D., OR CLOVERDALE SANITARY DISTRICT, OR CURRY HEALTH DISTRICT, OR CLOVERDALE WATER DISTRICT, OR CURRY PUBLIC LIBRARY DISTRICT, OR COALEDO DRAINAGE DISTRICT, OR DALLAS CEMETERY DISTRICT#4, OR COBURG FIRE DISTRICT, OR DARLEY DRIVE SPECIAL ROAD DISTRICT, OR COLESTIN RURAL FIRE DISTRICT, OR DAVID CROCKETT STEAM FIRE COMPANY#1, COLTON R.F.P.D., OR LA COLTON WATER DISTRICT#11, OR DAYS CREEK R.F.P.D., OR COLUMBIA 911 COMMUNICATIONS DISTRICT, DAYTON FIRE DISTRICT, OR OR DEAN MINARD WATER DISTRICT, OR COLUMBIA COUNTY 4-H &EXTENSION DEE IRRIGATION DISTRICT, OR SERVICE DISTRICT, OR DEER ISLAND DRAINAGE IMPROVEMENT COLUMBIA DRAINAGE VECTOR CONTROL, OR COMPANY, OR COLUMBIA IMPROVEMENT DISTRICT, OR DELL BROGAN CEMETERY MAINTENANCE COLUMBIA R.F.P.D., OR DISTRICT, OR Requirements for National Cooperative Contract Page 110 of 122 570 DEPOE BAY R.F.P.D., OR FERN VALLEY ESTATES IMPROVEMENT DESCHUTES COUNTY 911 SERVICE DISTRICT, DISTRICT, OR OR FOR FAR ROAD DISTRICT, OR DESCHUTES COUNTY R.F.P.D.#2, OR FOREST GROVE R.F.P.D., OR DESCHUTES PUBLIC LIBRARY DISTRICT, OR FOREST VIEW SPECIAL ROAD DISTRICT, OR DESCHUTES S.W.C.D., OR FORT ROCK-SILVER LAKE S.W.C.D., OR DESCHUTES VALLEY WATER DISTRICT, OR FOUR RIVERS VECTOR CONTROL DISTRICT, DEVILS LAKE WATER IMPROVEMENT DISTRICT, OR OR FOX CEMETERY MAINTENANCE DISTRICT, OR DEXTER R.F.P.D., OR GARDINER R.F.P.D., OR DEXTER SANITARY DISTRICT, OR GARDINER SANITARY DISTRICT, OR DORA-SITKUM R.F.P.D., OR GARIBALDI R.F.P.D., OR DOUGLAS COUNTY FIRE DISTRICT#2, OR GASTON R.F.P.D., OR DOUGLAS S.W.C.D., OR GATES R.F.P.D., OR DRAKES CROSSING R.F.P.D., OR GEARHART R.F.P.D., OR DRRH SPECIAL ROAD DISTRICT#6, OR GILLIAM S.W.C.D., OR DRY GULCH DITCH DISTRICT IMPROVEMENT GLENDALE AMBULANCE DISTRICT, OR COMPANY, OR GLENDALE R.F.P.D., OR DUFUR RECREATION DISTRICT, OR GLENEDEN BEACH SPECIAL ROAD DISTRICT, DUMBECK LANE DOMESTIC WATER SUPPLY, OR OR GLENEDEN SANITARY DISTRICT, OR DUNDEE R.F.P.D., OR GLENWOOD WATER DISTRICT, OR DURKEE COMMUNITY BUILDING GLIDE- IDLEYLD SANITARY DISTRICT, OR PRESERVATION DISTRICT, OR GLIDE R.F.P.D., OR EAGLE POINT IRRIGATION DISTRICT, OR GOLD BEACH-WEDDERBURN R.F.P.D., OR EAGLE VALLEY CEMETERY MAINTENANCE GOLD HILL IRRIGATION DISTRICT, OR DISTRICT, OR GOLDFINCH ROAD DISTRICT, OR EAGLE VALLEY R.F.P.D., OR GOSHEN R.F.P.D., OR EAGLE VALLEY S.W.C.D., OR GOVERNMENT CAMP ROAD DISTRICT, OR EAST FORK IRRIGATION DISTRICT, OR GOVERNMENT CAMP SANITARY DISTRICT, OR EAST MULTNOMAH S.W.C.D., OR GRAND PRAIRIE WATER CONTROL DISTRICT, EAST SALEM SERVICE DISTRICT, OR OR EAST UMATILLA CHEMICAL CONTROL GRAND RONDE SANITARY DISTRICT, OR DISTRICT, OR GRANT COUNTY TRANSPORTATION DISTRICT, EAST UMATILLA COUNTY AMBULANCE AREA OR HEALTH DISTRICT, OR GRANT S.W.C.D., OR EAST UMATILLA COUNTY R.F.P.D., OR GRANTS PASS IRRIGATION DISTRICT, OR EAST VALLEY WATER DISTRICT, OR GREATER BOWEN VALLEY R.F.P.D., OR ELGIN COMMUNITY PARKS&RECREATION GREATER ST. HELENS PARK&RECREATION DISTRICT, OR DISTRICT, OR ELGIN HEALTH DISTRICT, OR GREATER TOLEDO POOL RECREATION ELGIN R.F.P.D., OR DISTRICT, OR ELKTON ESTATES PHASE II SPECIAL ROAD GREEN KNOLLS SPECIAL ROAD DISTRICT, OR DISTRICT, OR GREEN SANITARY DISTRICT, OR ELKTON R.F.P.D., OR GREENACRES R.F.P.D., OR EMERALD P.U.D., OR GREENBERRY IRRIGATION DISTRICT, OR ENTERPRISE IRRIGATION DISTRICT, OR GREENSPRINGS RURAL FIRE DISTRICT, OR ESTACADA CEMETERY MAINTENANCE HAHLEN ROAD SPECIAL DISTRICT, OR DISTRICT, OR HAINES CEMETERY MAINTENANCE DISTRICT, ESTACADA R.F.P.D.#69, OR OR EUGENE R.F.P.D.#1, OR HAINES FIRE PROTECTION DISTRICT, OR EUGENE WATER AND ELECTRIC BOARD HALSEY-SHEDD R.F.P.D., OR EVANS VALLEY FIRE DISTRICT#6, OR HAMLET R.F.P.D., OR FAIR OAKS R.F.P.D., OR HARBOR R.F.P.D., OR FAIRVIEW R.F.P.D., OR HARBOR SANITARY DISTRICT, OR FAIRVIEW WATER DISTRICT, OR HARBOR WATER P.U.D., OR FALCON HEIGHTS WATER AND SEWER, OR HARNEY COUNTY HEALTH DISTRICT, OR FALCON-COVE BEACH WATER DISTRICT, OR HARNEY S.W.C.D., OR FALL RIVER ESTATES SPECIAL ROAD HARPER SOUTH SIDE IRRIGATION DISTRICT, DISTRICT, OR OR FARGO INTERCHANGE SERVICE DISTRICT, OR HARRISBURG FIRE AND RESCUE, OR FARMERS IRRIGATION DISTRICT, OR HAUSER R.F.P.D., OR FAT ELK DRAINAGE DISTRICT, OR HAZELDELL RURAL FIRE DISTRICT, OR FERN RIDGE PUBLIC LIBRARY DISTRICT, OR HEBO JOINT WATER-SANITARY AUTHORITY, OR Requirements for National Cooperative Contract Page 111 of 122 571 HECETA WATER P.U.D., OR JEFFERSON COUNTY EMERGENCY MEDICAL HELIX CEMETERY MAINTENANCE DISTRICT#4, SERVICE DISTRICT, OR OR JEFFERSON COUNTY FIRE DISTRICT#1, OR HELIX PARK& RECREATION DISTRICT, OR JEFFERSON COUNTY LIBRARY DISTRICT, OR HELIX R.F.P.D.#7411, OR JEFFERSON COUNTY S.W.C.D., OR HEPPNER CEMETERY MAINTENANCE JEFFERSON PARK&RECREATION DISTRICT, DISTRICT, OR OR HEPPNER R.F.P.D., OR JEFFERSON R.F.P.D., OR HEPPNER WATER CONTROL DISTRICT, OR JOB'S DRAINAGE DISTRICT, OR HEREFORD COMMUNITY HALL RECREATION JOHN DAY WATER DISTRICT, OR DISTRICT, OR JOHN DAY-CANYON CITY PARKS& HERMISTON CEMETERY DISTRICT, OR RECREATION DISTRICT, OR HERMISTON IRRIGATION DISTRICT, OR JOHN DAY-FERNHILL R.F.P.D.#5-108, OR HIDDEN VALLEY MOBILE ESTATES JORDAN VALLEY CEMETERY DISTRICT, OR IMPROVEMENT DISTRICT, OR JORDAN VALLEY IRRIGATION DISTRICT, OR HIGH DESERT PARK& RECREATION DISTRICT, JOSEPHINE COMMUNITY LIBRARY DISTRICT, OR OR HIGHLAND SUBDIVISION WATER DISTRICT, OR JOSEPHINE COUNTY 4-H &EXTENSION HONOLULU INTERNATIONAL AIRPORT SERVICE DISTRICT, OR HOOD RIVER COUNTY LIBRARY DISTRICT, OR JOSEPHINE COUNTY 911 AGENCY, OR HOOD RIVER COUNTY TRANSPORTATION JUNCTION CITY R.F.P.D., OR DISTRICT, OR JUNCTION CITY WATER CONTROL DISTRICT, HOOD RIVER S.W.C.D., OR OR HOOD RIVER VALLEY PARKS &RECREATION JUNIPER BUTTE ROAD DISTRICT, OR DISTRICT, OR JUNIPER CANYON WATER CONTROL DISTRICT, HOODLAND FIRE DISTRICT#74 OR HOODLAND FIRE DISTRICT#74, OR JUNIPER FLAT DISTRICT IMPROVEMENT HORSEFLY IRRIGATION DISTRICT, OR COMPANY, OR HOSKINS-KINGS VALLEY R.F.P.D., OR JUNIPER FLAT R.F.P.D., OR HOUSING AUTHORITY OF PORTLAND JUNO NONPROFIT WATER IMPROVEMENT HUBBARD R.F.P.D., OR DISTRICT, OR HUDSON BAY DISTRICT IMPROVEMENT KEATING R.F.P.D., OR COMPANY, OR KEATING S.W.C.D., OR I N (KAY)YOUNG DITCH DISTRICT KEIZER R.F.P.D., OR IMPROVEMENT COMPANY, OR KELLOGG RURAL FIRE DISTRICT, OR ICE FOUNTAIN WATER DISTRICT, OR KENO IRRIGATION DISTRICT, OR IDAHO POINT SPECIAL ROAD DISTRICT, OR KENO PINES ROAD DISTRICT, OR IDANHA-DETROIT RURAL FIRE PROTECTION KENO R.F.P.D., OR DISTRICT, OR KENT WATER DISTRICT, OR ILLINOIS VALLEY FIRE DISTRICT KERBY WATER DISTRICT, OR ILLINOIS VALLEY R.F.P.D., OR K-GB-LB WATER DISTRICT, OR ILLINOIS VALLEY S.W.C.D., OR KILCHIS WATER DISTRICT, OR IMBLER R.F.P.D., OR KLAMATH 9-1-1 COMMUNICATIONS DISTRICT, INTERLACHEN WATER P.U.D., OR OR IONE LIBRARY DISTRICT, OR KLAMATH BASIN IMPROVEMENT DISTRICT, OR IONE R.F.P.D.#6-604, OR KLAMATH COUNTY DRAINAGE SERVICE IRONSIDE CEMETERY MAINTENANCE DISTRICT, OR DISTRICT, OR KLAMATH COUNTY EXTENSION SERVICE IRONSIDE RURAL ROAD DISTRICT#5, OR DISTRICT, OR IRRIGON PARK&RECREATION DISTRICT, OR KLAMATH COUNTY FIRE DISTRICT#1, OR IRRIGON R.F.P.D., OR KLAMATH COUNTY FIRE DISTRICT#3, OR ISLAND CITY AREA SANITATION DISTRICT, OR KLAMATH COUNTY FIRE DISTRICT#4, OR ISLAND CITY CEMETERY MAINTENANCE KLAMATH COUNTY FIRE DISTRICT#5, OR DISTRICT, OR KLAMATH COUNTY LIBRARY SERVICE JACK PINE VILLAGE SPECIAL ROAD DISTRICT, DISTRICT, OR OR KLAMATH COUNTY PREDATORY ANIMAL JACKSON COUNTY FIRE DISTRICT#3, OR CONTROL DISTRICT, OR JACKSON COUNTY FIRE DISTRICT#4, OR KLAMATH DRAINAGE DISTRICT, OR JACKSON COUNTY FIRE DISTRICT#5, OR KLAMATH FALLS FOREST ESTATES SPECIAL JACKSON COUNTY LIBRARY DISTRICT, OR ROAD DISTRICT UNIT#2, OR JACKSON COUNTY VECTOR CONTROL KLAMATH INTEROPERABILITY RADIO GROUP, DISTRICT, OR OR JACKSON S.W.C.D., OR KLAMATH IRRIGATION DISTRICT, OR JASPER KNOLLS WATER DISTRICT, OR KLAMATH RIVER ACRES SPECIAL ROAD DISTRICT, OR Requirements for National Cooperative Contract Page 112 of 122 572 KLAMATH S.W.C.D., OR LOWER MCKAY CREEK WATER CONTROL KLAMATH VECTOR CONTROL DISTRICT, OR DISTRICT, OR KNAPPA-SVENSEN-BURNSIDE R.F.P.D., OR LOWER POWDER RIVER IRRIGATION DISTRICT, LA GRANDE CEMETERY MAINTENANCE OR DISTRICT, OR LOWER SILETZ WATER DISTRICT, OR LA GRANDE R.F.P.D., OR LOWER UMPQUA HOSPITAL DISTRICT, OR LA PINE PARK&RECREATION DISTRICT, OR LOWER UMPQUA PARK& RECREATION LA PINE R.F.P.D., OR DISTRICT, OR LABISH VILLAGE SEWAGE&DRAINAGE, OR LOWER VALLEY WATER IMPROVEMENT LACOMB IRRIGATION DISTRICT, OR DISTRICT, OR LAFAYETTE AIRPORT COMMISSION, LA LUCE LONG DITCH DISTRICT IMPROVEMENT LAFOURCHE PARISH HEALTH UNIT-DHH-OPH CO., OR REGION 3 LUSTED WATER DISTRICT, OR LAIDLAW WATER DISTRICT, OR LYONS R.F.P.D., OR LAKE CHINOOK FIRE& RESCUE, OR LYONS-MEHAMA WATER DISTRICT, OR LAKE COUNTY 4-H &EXTENSION SERVICE MADRAS AQUATIC CENTER DISTRICT, OR DISTRICT, OR MAKAI SPECIAL ROAD DISTRICT, OR LAKE COUNTY LIBRARY DISTRICT, OR MALHEUR COUNTY S.W.C.D., OR LAKE CREEK R.F.P.D. -JACKSON, OR MALHEUR COUNTY VECTOR CONTROL LAKE CREEK R.F.P.D. -LANE COUNTY, OR DISTRICT, OR LAKE DISTRICT HOSPITAL, OR MALHEUR DISTRICT IMPROVEMENT COMPANY, LAKE GROVE R.F.P.D. NO. 57, OR OR LAKE GROVE WATER DISTRICT, OR MALHEUR DRAINAGE DISTRICT, OR LAKE LABISH WATER CONTROL DISTRICT, OR MALHEUR MEMORIAL HEALTH DISTRICT, OR LAKE POINT SPECIAL ROAD DISTRICT, OR MALIN COMMUNITY CEMETERY MAINTENANCE LAKESIDE R.F.P.D.#4, OR DISTRICT, OR LAKESIDE WATER DISTRICT, OR MALIN COMMUNITY PARK& RECREATION LAKEVIEW R.F.P.D., OR DISTRICT, OR LAKEVIEW S.W.C.D., OR MALIN IRRIGATION DISTRICT, OR LAMONTAI IMPROVEMENT DISTRICT, OR MALIN R.F.P.D., OR LANE FIRE AUTHORITY, OR MAPLETON FIRE DEPARTMENT, OR LANE LIBRARY DISTRICT, OR MAPLETON WATER DISTRICT, OR LANE TRANSIT DISTRICT, OR MARCOLA WATER DISTRICT, OR LANGELL VALLEY IRRIGATION DISTRICT, OR MARION COUNTY EXTENSION &4H SERVICE LANGLOIS PUBLIC LIBRARY, OR DISTRICT, OR LANGLOIS R.F.P.D., OR MARION COUNTY FIRE DISTRICT#1, OR LANGLOIS WATER DISTRICT, OR MARION JACK IMPROVEMENT DISTRICT, OR LAZY RIVER SPECIAL ROAD DISTRICT, OR MARION S.W.C.D., OR LEBANON AQUATIC DISTRICT, OR MARY'S RIVER ESTATES ROAD DISTRICT, OR LEBANON R.F.P.D., OR MCDONALD FOREST ESTATES SPECIAL ROAD LEWIS&CLARK R.F.P.D., OR DISTRICT, OR LINCOLN COUNTY LIBRARY DISTRICT, OR MCKAY ACRES IMPROVEMENT DISTRICT, OR LINCOLN S.W.C.D., OR MCKAY DAM R.F.P.D.#7-410, OR LINN COUNTY EMERGENCY TELEPHONE MCKENZIE FIRE& RESCUE, OR AGENCY, OR MCKENZIE PALISADES WATER SUPPLY LINN S.W.C.D., OR CORPORATION, OR LITTLE MUDDY CREEK WATER CONTROL, OR MCMINNVILLE R.F.P.D., OR LITTLE NESTUCCA DRAINAGE DISTRICT, OR MCNULTY WATER P.U.D., OR LITTLE SWITZERLAND SPECIAL ROAD MEADOWS DRAINAGE DISTRICT, OR DISTRICT, OR MEDFORD IRRIGATION DISTRICT, OR LONE PINE IRRIGATION DISTRICT, OR MEDFORD R.F.P.D.#2, OR LONG PRAIRIE WATER DISTRICT, OR MEDFORD WATER COMMISSION LOOKINGGLASS OLALLA WATER CONTROL MEDICAL SPRINGS R.F.P.D., OR DISTRICT, OR MELHEUR COUNTY JAIL, OR LOOKINGGLASS RURAL FIRE DISTRICT, OR MERLIN COMMUNITY PARK DISTRICT, OR LORANE R.F.P.D., OR MERRILL CEMETERY MAINTENANCE DISTRICT, LOST& BOULDER DITCH IMPROVEMENT OR DISTRICT, OR MERRILL PARK DISTRICT, OR LOST CREEK PARK SPECIAL ROAD DISTRICT, MERRILL R.F.P.D., OR OR METRO REGIONAL GOVERNMENT LOUISIANA PUBLIC SERVICE COMMISSION, LA METRO REGIONAL PARKS LOUISIANA WATER WORKS METROPOLITAN EXPOSITION RECREATION LOWELL R.F.P.D., OR COMMISSION LOWER MCKAY CREEK R.F.P.D., OR METROPOLITAN SERVICE DISTRICT(METRO) Requirements for National Cooperative Contract Page 113 of 122 573 MID COUNTY CEMETERY MAINTENANCE NEW CARLTON FIRE DISTRICT, OR DISTRICT, OR NEW ORLEANS REDEVELOPMENT AUTHORITY, MID-COLUMBIA FIRE AND RESCUE, OR LA MIDDLE FORK IRRIGATION DISTRICT, OR NEW PINE CREEK R.F.P.D., OR MIDLAND COMMUNITY PARK, OR NEWBERG R.F.P.D., OR MIDLAND DRAINAGE IMPROVEMENT DISTRICT, NEWBERRY ESTATES SPECIAL ROAD OR DISTRICT, OR MILES CROSSING SANITARY SEWER DISTRICT, NEWPORT R.F.P.D., OR OR NEWT YOUNG DITCH DISTRICT IMPROVEMENT MILL CITY R.F.P.D.#2-303, OR COMPANY, OR MILL FOUR DRAINAGE DISTRICT, OR NORTH ALBANY R.F.P.D., OR MILLICOMA RIVER PARK&RECREATION NORTH BAY R.F.P.D.#9, OR DISTRICT, OR NORTH CLACKAMAS PARKS& RECREATION MILLINGTON R.F.P.D.#5, OR DISTRICT, OR MILO VOLUNTEER FIRE DEPARTMENT, OR NORTH COUNTY RECREATION DISTRICT, OR MILTON-FREEWATER AMBULANCE SERVICE NORTH DOUGLAS COUNTY FIRE&EMS, OR AREA HEALTH DISTRICT, OR NORTH DOUGLAS PARK& RECREATION MILTON-FREEWATER WATER CONTROL DISTRICT, OR DISTRICT, OR NORTH GILLIAM COUNTY HEALTH DISTRICT, MIROCO SPECIAL ROAD DISTRICT, OR OR MIST-BIRKENFELD R.F.P.D., OR NORTH GILLIAM COUNTY R.F.P.D., OR MODOC POINT IRRIGATION DISTRICT, OR NORTH LAKE HEALTH DISTRICT, OR MODOC POINT SANITARY DISTRICT, OR NORTH LEBANON WATER CONTROL DISTRICT, MOHAWK VALLEY R.F.P.D., OR OR MOLALLA AQUATIC DISTRICT, OR NORTH LINCOLN FIRE& RESCUE DISTRICT#1, MOLALLA R.F.P.D.#73, OR OR MONITOR R.F.P.D., OR NORTH LINCOLN HEALTH DISTRICT, OR MONROE R.F.P.D., OR NORTH MORROW VECTOR CONTROL MONUMENT CEMETERY MAINTENANCE DISTRICT, OR DISTRICT, OR NORTH SHERMAN COUNTY R.F.P.D, OR MONUMENT S.W.C.D., OR NORTH UNIT IRRIGATION DISTRICT, OR MOOREA DRIVE SPECIAL ROAD DISTRICT, OR NORTHEAST OREGON HOUSING AUTHORITY, MORO R.F.P.D., OR OR MORROW COUNTY HEALTH DISTRICT, OR NORTHEAST WHEELER COUNTY HEALTH MORROW COUNTY UNIFIED RECREATION DISTRICT, OR DISTRICT, OR NORTHERN WASCO COUNTY P.U.D., OR MORROW S.W.C.D., OR NORTHERN WASCO COUNTY PARK& MOSIER FIRE DISTRICT, OR RECREATION DISTRICT, OR MOUNTAIN DRIVE SPECIAL ROAD DISTRICT, NYE DITCH USERS DISTRICT IMPROVEMENT, OR OR MT.ANGEL R.F.P.D., OR NYSSA ROAD ASSESSMENT DISTRICT#2, OR MT. HOOD IRRIGATION DISTRICT, OR NYSSA RURAL FIRE DISTRICT, OR MT. LAKI CEMETERY DISTRICT, OR NYSSA-ARCADIA DRAINAGE DISTRICT, OR MT. VERNON R.F.P.D., OR OAK LODGE WATER SERVICES, OR MULINO WATER DISTRICT#1, OR OAKLAND R.F.P.D., OR MULTNOMAH COUNTY DRAINAGE DISTRICT#1, OAKVILLE COMMUNITY CENTER, OR OR OCEANSIDE WATER DISTRICT, OR MULTNOMAH COUNTY R.F.P.D.#10, OR OCHOCO IRRIGATION DISTRICT, OR MULTNOMAH COUNTY R.F.P.D.#14, OR OCHOCO WEST WATER AND SANITARY MULTNOMAH EDUCATION SERVICE DISTRICT AUTHORITY, OR MYRTLE CREEK R.F.P.D., OR ODELL SANITARY DISTRICT, OR NEAH-KAH-NIE WATER DISTRICT, OR OLD OWYHEE DITCH IMPROVEMENT DISTRICT, NEDONNA R.F.P.D., OR OR NEHALEM BAY FIRE AND RESCUE, OR OLNEY-WALLUSKI FIRE&RESCUE DISTRICT, NEHALEM BAY HEALTH DISTRICT, OR OR NEHALEM BAY WASTEWATER AGENCY, OR ONTARIO LIBRARY DISTRICT, OR NESIKA BEACH-OPHIR WATER DISTRICT, OR ONTARIO R.F.P.D., OR NESKOWIN REGIONAL SANITARY AUTHORITY, OPHIR R.F.P.D., OR OR OREGON COAST COMMUNITY ACTION NESKOWIN REGIONAL WATER DISTRICT, OR OREGON HOUSING AND COMMUNITY NESTUCCA R.F.P.D., OR SERVICES NETARTS WATER DISTRICT, OR OREGON INTERNATIONAL PORT OF COOS NETARTS-OCEANSIDE R.F.P.D., OR BAY, OR NETARTS-OCEANSIDE SANITARY DISTRICT, OR OREGON LEGISLATIVE ADMINISTRATION NEW BRIDGE WATER SUPPLY DISTRICT, OR OREGON OUTBACK R.F.P.D., OR Requirements for National Cooperative Contract Page 114 of 122 574 OREGON POINT, OR PORT OF CASCADE LOCKS, OR OREGON TRAIL LIBRARY DISTRICT, OR PORT OF COQUILLE RIVER, OR OTTER ROCK WATER DISTRICT, OR PORT OF GARIBALDI, OR OWW UNIT#2 SANITARY DISTRICT, OR PORT OF GOLD BEACH, OR OWYHEE CEMETERY MAINTENANCE DISTRICT, PORT OF HOOD RIVER, OR OR PORT OF MORGAN CITY, LA OWYHEE IRRIGATION DISTRICT, OR PORT OF MORROW, OR PACIFIC CITY JOINT WATER-SANITARY PORT OF NEHALEM, OR AUTHORITY, OR PORT OF NEWPORT, OR PACIFIC COMMUNITIES HEALTH DISTRICT, OR PORT OF PORT ORFORD, OR PACIFIC RIVIERA#3 SPECIAL ROAD DISTRICT, PORT OF PORTLAND, OR OR PORT OF SIUSLAW, OR PALATINE HILL WATER DISTRICT, OR PORT OF ST. HELENS, OR PALMER CREEK WATER DISTRICT PORT OF THE DALLES, OR IMPROVEMENT COMPANY, OR PORT OF TILLAMOOK BAY, OR PANORAMIC ACCESS SPECIAL ROAD PORT OF TOLEDO, OR DISTRICT, OR PORT OF UMATILLA, OR PANTHER CREEK ROAD DISTRICT, OR PORT OF UMPQUA, OR PANTHER CREEK WATER DISTRICT, OR PORT ORFORD CEMETERY MAINTENANCE PARKDALE R.F.P.D., OR DISTRICT, OR PARKDALE SANITARY DISTRICT, OR PORT ORFORD PUBLIC LIBRARY DISTRICT, OR PENINSULA DRAINAGE DISTRICT#1, OR PORT ORFORD R.F.P.D., OR PENINSULA DRAINAGE DISTRICT#2, OR PORTLAND DEVELOPMENT COMMISSION, OR PHILOMATH FIRE AND RESCUE, OR PORTLAND FIRE AND RESCUE PILOT ROCK CEMETERY MAINTENANCE PORTLAND HOUSING CENTER, OR DISTRICT#5, OR POWDER R.F.P.D., OR PILOT ROCK PARK&RECREATION DISTRICT, POWDER RIVER R.F.P.D., OR OR POWDER VALLEY WATER CONTROL DISTRICT, PILOT ROCK R.F.P.D., OR OR PINE EAGLE HEALTH DISTRICT, OR POWERS HEALTH DISTRICT, OR PINE FLAT DISTRICT IMPROVEMENT PRAIRIE CEMETERY MAINTENANCE DISTRICT, COMPANY, OR OR PINE GROVE IRRIGATION DISTRICT, OR PRINEVILLE LAKE ACRES SPECIAL ROAD PINE GROVE WATER DISTRICT-KLAMATH DISTRICT#1, OR FALLS, OR PROSPECT R.F.P.D., OR PINE GROVE WATER DISTRICT-MAUPIN, OR QUAIL VALLEY PARK IMPROVEMENT DISTRICT, PINE VALLEY CEMETERY DISTRICT, OR OR PINE VALLEY R.F.P.D., OR QUEENER IRRIGATION IMPROVEMENT PINEWOOD COUNTRY ESTATES SPECIAL DISTRICT, OR ROAD DISTRICT, OR RAINBOW WATER DISTRICT, OR PIONEER DISTRICT IMPROVEMENT COMPANY, RAINIER CEMETERY DISTRICT, OR OR RAINIER DRAINAGE IMPROVEMENT COMPANY, PISTOL RIVER CEMETERY MAINTENANCE OR DISTRICT, OR RALEIGH WATER DISTRICT, OR PISTOL RIVER FIRE DISTRICT, OR REDMOND AREA PARK& RECREATION PLEASANT HILL R.F.P.D., OR DISTRICT, OR PLEASANT HOME WATER DISTRICT, OR REDMOND FIRE AND RESCUE, OR POCAHONTAS MINING AND IRRIGATION RIDDLE FIRE PROTECTION DISTRICT, OR DISTRICT, OR RIDGEWOOD DISTRICT IMPROVEMENT POE VALLEY IMPROVEMENT DISTRICT, OR COMPANY, OR POE VALLEY PARK& RECREATION DISTRICT, RIDGEWOOD ROAD DISTRICT, OR OR RIETH SANITARY DISTRICT, OR POE VALLEY VECTOR CONTROL DISTRICT, OR RIETH WATER DISTRICT, OR POLK COUNTY FIRE DISTRICT#1, OR RIMROCK WEST IMPROVEMENT DISTRICT, OR POLK S.W.C.D., OR RINK CREEK WATER DISTRICT, OR POMPADOUR WATER IMPROVEMENT RIVER BEND ESTATES SPECIAL ROAD DISTRICT, OR DISTRICT, OR PONDEROSA PINES EAST SPECIAL ROAD RIVER FOREST ACRES SPECIAL ROAD DISTRICT, OR DISTRICT, OR PORT OF ALSEA, OR RIVER MEADOWS IMPROVEMENT DISTRICT, PORT OF ARLINGTON, OR OR PORT OF ASTORIA, OR RIVER PINES ESTATES SPECIAL ROAD PORT OF BANDON, OR DISTRICT, OR PORT OF BRANDON, OR RIVER ROAD PARK& RECREATION DISTRICT, PORT OF BROOKINGS HARBOR, OR OR Requirements for National Cooperative Contract Page 115 of 122 575 RIVER ROAD WATER DISTRICT, OR SHELLEY ROAD CREST ACRES WATER RIVERBEND RIVERBANK WATER DISTRICT, OR IMPROVEMENT DISTRICT, OR SHERIDAN FIRE DISTRICT, OR RIVERDALE R.F.P.D. 11-JT, OR SHERMAN COUNTY HEALTH DISTRICT, OR RIVERGROVE WATER DISTRICT, OR SHERMAN COUNTY S.W.C.D., OR RIVERSIDE MISSION WATER CONTROL SHORELINE SANITARY DISTRICT, OR DISTRICT, OR SILETZ KEYS SANITARY DISTRICT, OR RIVERSIDE R.F.P.D.#7406, OR SILETZ R.F.P.D., OR RIVERSIDE WATER DISTRICT, OR SILVER FALLS LIBRARY DISTRICT, OR ROBERTS CREEK WATER DISTRICT, OR SILVER LAKE IRRIGATION DISTRICT, OR ROCK CREEK DISTRICT IMPROVEMENT, OR SILVER LAKE R.F.P.D., OR ROCK CREEK WATER DISTRICT, OR SILVER SANDS SPECIAL ROAD DISTRICT, OR ROCKWOOD WATER P.U.D., OR SILVERTON R.F.P.D. NO. 2, OR ROCKY POINT FIRE& EMS, OR SISTERS PARKS& RECREATION DISTRICT, OR ROGUE RIVER R.F.P.D., OR SISTERS-CAMP SHERMAN R.F.P.D., OR ROGUE RIVER VALLEY IRRIGATION DISTRICT, SIUSLAW PUBLIC LIBRARY DISTRICT, OR OR SIUSLAW S.W.C.D., OR ROGUE VALLEY SEWER SERVICES, OR SIUSLAW VALLEY FIRE AND RESCUE, OR ROGUE VALLEY SEWER, OR SIXES R.F.P.D., OR ROGUE VALLEY TRANSPORTATION DISTRICT, SKIPANON WATER CONTROL DISTRICT, OR OR SKYLINE VIEW DISTRICT IMPROVEMENT ROSEBURG URBAN SANITARY AUTHORITY, OR COMPANY, OR ROSEWOOD ESTATES ROAD DISTRICT, OR SLEEPY HOLLOW WATER DISTRICT, OR ROW RIVER VALLEY WATER DISTRICT, OR SMITH DITCH DISTRICT IMPROVEMENT RURAL ROAD ASSESSMENT DISTRICT#3, OR COMPANY, OR RURAL ROAD ASSESSMENT DISTRICT#4, OR SOUTH CLACKAMAS TRANSPORTATION SAINT LANDRY PARISH TOURIST COMMISSION DISTRICT, OR SAINT MARY PARISH REC DISTRICT 2 SOUTH COUNTY HEALTH DISTRICT, OR SAINT MARY PARISH REC DISTRICT 3 SOUTH FORK WATER BOARD, OR SAINT TAMMANY FIRE DISTRICT 4, LA SOUTH GILLIAM COUNTY CEMETERY SALEM AREA MASS TRANSIT DISTRICT, OR DISTRICT, OR SALEM MASS TRANSIT DISTRICT SOUTH GILLIAM COUNTY HEALTH DISTRICT, SALEM SUBURBAN R.F.P.D., OR OR SALISHAN SANITARY DISTRICT, OR SOUTH GILLIAM COUNTY R.F.P.D. VI-301, OR SALMON RIVER PARK SPECIAL ROAD SOUTH LAFOURCHE LEVEE DISTRICT, LA DISTRICT, OR SOUTH LANE COUNTY FIRE &RESCUE, OR SALMON RIVER PARK WATER IMPROVEMENT SOUTH SANTIAM RIVER WATER CONTROL DISTRICT, OR DISTRICT, OR SALMONBERRY TRAIL INTERGOVERNMENTAL SOUTH SHERMAN FIRE DISTRICT, OR AGENCY, OR SOUTH SUBURBAN SANITARY DISTRICT, OR SANDPIPER VILLAGE SPECIAL ROAD DISTRICT, SOUTH WASCO PARK&RECREATION OR DISTRICT, OR SANDY DRAINAGE IMPROVEMENT COMPANY, SOUTHERN COOS HEALTH DISTRICT, OR OR SOUTHERN CURRY CEMETERY MAINTENANCE SANDY R.F.P.D.#72, OR DISTRICT, OR SANTA CLARA R.F.P.D., OR SOUTHVIEW IMPROVEMENT DISTRICT, OR SANTA CLARA WATER DISTRICT, OR SOUTHWEST LINCOLN COUNTY WATER SANTIAM WATER CONTROL DISTRICT, OR DISTRICT, OR SAUVIE ISLAND DRAINAGE IMPROVEMENT SOUTHWESTERN POLK COUNTY R.F.P.D., OR COMPANY, OR SOUTHWOOD PARK WATER DISTRICT, OR SAUVIE ISLAND VOLUNTEER FIRE DISTRICT SPECIAL ROAD DISTRICT#1, OR #30J, OR SPECIAL ROAD DISTRICT#8, OR SCAPPOOSE DRAINAGE IMPROVEMENT SPRING RIVER SPECIAL ROAD DISTRICT, OR COMPANY, OR SPRINGFIELD UTILITY BOARD, OR SCAPPOOSE PUBLIC LIBRARY DISTRICT, OR ST. PAUL R.F.P.D., OR SCAPPOOSE R.F.P.D., OR STANFIELD CEMETERY DISTRICT#6, OR SCIO R.F.P.D., OR STANFIELD IRRIGATION DISTRICT, OR SCOTTSBURG R.F.P.D., OR STARR CREEK ROAD DISTRICT, OR SEAL ROCK R.F.P.D., OR STARWOOD SANITARY DISTRICT, OR SEAL ROCK WATER DISTRICT, OR STAYTON FIRE DISTRICT, OR SEWERAGE AND WATER BOARD OF NEW SUBLIMITY FIRE DISTRICT, OR ORLEANS, LA SUBURBAN EAST SALEM WATER DISTRICT, OR SHANGRI-LA WATER DISTRICT, OR SUBURBAN LIGHTING DISTRICT, OR SHASTA VIEW IRRIGATION DISTRICT, OR SUCCOR CREEK DISTRICT IMPROVEMENT COMPANY, OR Requirements for National Cooperative Contract Page 116 of 122 576 SUMMER LAKE IRRIGATION DISTRICT, OR TUALATIN VALLEY FIRE &RESCUE, OR SUMMERVILLE CEMETERY MAINTENANCE TUALATIN VALLEY IRRIGATION DISTRICT, OR DISTRICT, OR TUALATIN VALLEY WATER DISTRICT SUMNER R.F.P.D., OR TUALATIN VALLEY WATER DISTRICT, OR SUN MOUNTAIN SPECIAL ROAD DISTRICT, OR TUMALO IRRIGATION DISTRICT, OR SUNDOWN SANITATION DISTRICT, OR TURNER FIRE DISTRICT, OR SUNFOREST ESTATES SPECIAL ROAD TWIN ROCKS SANITARY DISTRICT, OR DISTRICT, OR TWO RIVERS NORTH SPECIAL ROAD DISTRICT, SUNNYSIDE IRRIGATION DISTRICT, OR OR SUNRISE WATER AUTHORITY, OR TWO RIVERS S.W.C.D., OR SUNRIVER SERVICE DISTRICT, OR TWO RIVERS SPECIAL ROAD DISTRICT, OR SUNSET EMPIRE PARK& RECREATION TYGH VALLEY R.F.P.D., OR DISTRICT, OR TYGH VALLEY WATER DISTRICT, OR SUNSET EMPIRE TRANSPORTATION DISTRICT, UMATILLA COUNTY FIRE DISTRICT#1, OR OR UMATILLA COUNTY S.W.C.D., OR SURFLAND ROAD DISTRICT, OR UMATILLA COUNTY SPECIAL LIBRARY SUTHERLIN VALLEY RECREATION DISTRICT, DISTRICT, OR OR UMATILLA HOSPITAL DISTRICT, OR SUTHERLIN WATER CONTROL DISTRICT, OR UMATILLA R.F.P.D.#7405, OR SWALLEY IRRIGATION DISTRICT, OR UMATILLA-MORROW RADIO AND DATA SWEET HOME CEMETERY MAINTENANCE DISTRICT, OR DISTRICT, OR UMPQUA S.W.C.D., OR SWEET HOME FIRE &AMBULANCE DISTRICT, UNION CEMETERY MAINTENANCE DISTRICT, OR OR SWISSHOME-DEADWOOD R.F.P.D., OR UNION COUNTY SOLID WASTE DISPOSAL TABLE ROCK DISTRICT IMPROVEMENT DISTRICT, OR COMPANY, OR UNION COUNTY VECTOR CONTROL DISTRICT, TALENT IRRIGATION DISTRICT, OR OR TANGENT R.F.P.D., OR UNION GAP SANITARY DISTRICT, OR TENMILE R.F.P.D., OR UNION GAP WATER DISTRICT, OR TERREBONNE DOMESTIC WATER DISTRICT, UNION HEALTH DISTRICT, OR OR UNION R.F.P.D., OR THE DALLES IRRIGATION DISTRICT, OR UNION S.W.C.D., OR THOMAS CREEK-WESTSIDE R.F.P.D., OR UNITY COMMUNITY PARK&RECREATION THREE RIVERS RANCH ROAD DISTRICT, OR DISTRICT, OR THREE SISTERS IRRIGATION DISTRICT, OR UPPER CLEVELAND RAPIDS ROAD DISTRICT, TIGARD TUALATIN AQUATIC DISTRICT, OR OR TIGARD WATER DISTRICT, OR UPPER MCKENZIE R.F.P.D., OR TILLAMOOK BAY FLOOD IMPROVEMENT UPPER WILLAMETTE S.W.C.D., OR DISTRICT, OR VALE OREGON IRRIGATION DISTRICT, OR TILLAMOOK COUNTY EMERGENCY VALE RURAL FIRE PROTECTION DISTRICT, OR COMMUNICATIONS DISTRICT, OR VALLEY ACRES SPECIAL ROAD DISTRICT, OR TILLAMOOK COUNTY S.W.C.D., OR VALLEY VIEW CEMETERY MAINTENANCE TILLAMOOK COUNTY TRANSPORTATION DISTRICT, OR DISTRICT, OR VALLEY VIEW WATER DISTRICT, OR TILLAMOOK FIRE DISTRICT, OR VANDEVERT ACRES SPECIAL ROAD DISTRICT, TILLAMOOK P.U.D., OR OR TILLER R.F.P.D., OR VERNONIA R.F.P.D., OR TOBIN DITCH DISTRICT IMPROVEMENT VINEYARD MOUNTAIN PARK&RECREATION COMPANY, OR DISTRICT, OR TOLEDO R.F.P.D., OR VINEYARD MOUNTAIN SPECIAL ROAD TONE WATER DISTRICT, OR DISTRICT, OR TOOLEY WATER DISTRICT, OR WALLA WALLA RIVER IRRIGATION DISTRICT, TRASK DRAINAGE DISTRICT, OR OR TRI CITY R.F.P.D.#4, OR WALLOWA COUNTY HEALTH CARE DISTRICT, TRI-CITY WATER&SANITARY AUTHORITY, OR OR TRI-COUNTY METROPOLITAN WALLOWA LAKE COUNTY SERVICE DISTRICT, TRANSPORTATION DISTRICT OF OREGON OR TRIMET, OR WALLOWA LAKE IRRIGATION DISTRICT, OR TUALATIN HILLS PARK&RECREATION WALLOWA LAKE R.F.P.D., OR DISTRICT WALLOWA S.W.C.D., OR TUALATIN HILLS PARK&RECREATION WALLOWA VALLEY IMPROVEMENT DISTRICT DISTRICT, OR #1, OR TUALATIN S.W.C.D., OR WAMIC R.F.P.D., OR TUALATIN VALLEY FIRE &RESCUE WAMIC WATER&SANITARY AUTHORITY, OR Requirements for National Cooperative Contract Page 117 of 122 577 WARMSPRINGS IRRIGATION DISTRICT, OR YAMHILL FIRE PROTECTION DISTRICT, OR WASCO COUNTY S.W.C.D., OR YAMHILL SWCD, OR WATER ENVIRONMENT SERVICES, OR YONCALLA PARK&RECREATION DISTRICT, OR WATER WONDERLAND IMPROVEMENT YOUNGS RIVER-LEWIS&CLARK WATER DISTRICT, OR DISTRICT, OR WATERBURY&ALLEN DITCH IMPROVEMENT ZUMWALT R.F.P.D., OR DISTRICT, OR WATSECO-BARVIEW WATER DISTRICT, OR WAUNA WATER DISTRICT, OR K-12 INCLUDING BUT NOT LIMITED TO: WEDDERBURN SANITARY DISTRICT, OR ACADIA PARISH SCHOOL BOARD WEST EAGLE VALLEY WATER CONTROL BEAVERTON SCHOOL DISTRICT DISTRICT, OR BEND-LA PINE SCHOOL DISTRICT WEST EXTENSION IRRIGATION DISTRICT, OR BOGALUSA HIGH SCHOOL, LA WEST LABISH DRAINAGE &WATER CONTROL BOSSIER PARISH SCHOOL BOARD IMPROVEMENT DISTRICT, OR BROOKING HARBOR SCHOOL DISTRICT WEST MULTNOMAH S.W.C.D., OR CADDO PARISH SCHOOL DISTRICT WEST SIDE R.F.P.D., OR CALCASIEU PARISH SCHOOL DISTRICT WEST SLOPE WATER DISTRICT, OR CANBY SCHOOL DISTRICT WEST UMATILLA MOSQUITO CONTROL CANYONVILLE CHRISTIAN ACADEMY DISTRICT, OR CASCADE SCHOOL DISTRICT WEST VALLEY FIRE DISTRICT, OR CASCADES ACADEMY OF CENTRAL OREGON WESTERN HEIGHTS SPECIAL ROAD DISTRICT, CENTENNIAL SCHOOL DISTRICT OR CENTRAL CATHOLIC HIGH SCHOOL WESTERN LANE AMBULANCE DISTRICT, OR CENTRAL POINT SCHOOL DISTRICT NO.6 WESTLAND IRRIGATION DISTRICT, OR CENTRAL SCHOOL DISTRICT 13J WESTON ATHENA MEMORIAL HALL PARK& COOS BAY SCHOOL DISTRICT NO.9 RECREATION DISTRICT, OR CORVALLIS SCHOOL DISTRICT 509J WESTON CEMETERY DISTRICT#2, OR COUNTY OF YAMHILL SCHOOL DISTRICT 29 WESTPORT FIRE AND RESCUE, OR CULVER SCHOOL DISTRICT WESTRIDGE WATER SUPPLY CORPORATION, DALLAS SCHOOL DISTRICT NO.2 OR DAVID DOUGLAS SCHOOL DISTRICT WESTWOOD HILLS ROAD DISTRICT, OR DAYTON SCHOOL DISTRICT NO.8 WESTWOOD VILLAGE ROAD DISTRICT, OR DE LA SALLE N CATHOLIC HS WHEELER S.W.C.D., OR DESCHUTES COUNTY SCHOOL DISTRICT NO.6 WHITE RIVER HEALTH DISTRICT, OR DOUGLAS EDUCATIONAL DISTRICT SERVICE WIARD MEMORIAL PARK DISTRICT, OR DUFUR SCHOOL DISTRICT NO.29 WICKIUP WATER DISTRICT, OR EAST BATON ROUGE PARISH SCHOOL WILLAKENZIE R.F.P.D., OR DISTRICT WILLAMALANE PARK&RECREATION DISTRICT, ESTACADA SCHOOL DISTRICT NO.10B OR FOREST GROVE SCHOOL DISTRICT WILLAMALANE PARK AND RECREATION GEORGE MIDDLE SCHOOL DISTRICT GLADSTONE SCHOOL DISTRICT WILLAMETTE HUMANE SOCIETY GRANTS PASS SCHOOL DISTRICT 7 WILLAMETTE RIVER WATER COALITION, OR GREATER ALBANY PUBLIC SCHOOL DISTRICT WILLIAMS R.F.P.D., OR GRESHAM BARLOW JOINT SCHOOL DISTRICT WILLOW CREEK PARK DISTRICT, OR HEAD START OF LANE COUNTY WILLOW DALE WATER DISTRICT, OR HIGH DESERT EDUCATION SERVICE DISTRICT WILSON RIVER WATER DISTRICT, OR HILLSBORO SCHOOL DISTRICT WINCHESTER BAY R.F.P.D., OR HOOD RIVER COUNTY SCHOOL DISTRICT WINCHESTER BAY SANITARY DISTRICT, OR JACKSON CO SCHOOL DIST NO.9 WINCHUCK R.F.P.D., OR JEFFERSON COUNTY SCHOOL DISTRICT 509-J WINSTON-DILLARD R.F.P.D., OR JEFFERSON PARISH SCHOOL DISTRICT WINSTON-DILLARD WATER DISTRICT, OR JEFFERSON SCHOOL DISTRICT WOLF CREEK R.F.P.D., OR JUNCTION CITY SCHOOLS, OR WOOD RIVER DISTRICT IMPROVEMENT KLAMATH COUNTY SCHOOL DISTRICT COMPANY, OR KLAMATH FALLS CITY SCHOOLS WOODBURN R.F.P.D. NO. 6, OR LAFAYETTE PARISH SCHOOL DISTRICT WOODLAND PARK SPECIAL ROAD DISTRICT, LAKE OSWEGO SCHOOL DISTRICT 7J OR LANE COUNTY SCHOOL DISTRICT 4J WOODS ROAD DISTRICT, OR LINCOLN COUNTY SCHOOL DISTRICT WRIGHT CREEK ROAD WATER IMPROVEMENT LINN CO. SCHOOL DIST. 95C DISTRICT, OR LIVINGSTON PARISH SCHOOL DISTRICT WY'EAST FIRE DISTRICT, OR LOST RIVER JR/SR HIGH SCHOOL YACHATS R.F.P.D., OR LOWELL SCHOOL DISTRICT NO.71 YAMHILL COUNTY TRANSIT AREA, OR MARION COUNTY SCHOOL DISTRICT Requirements for National Cooperative Contract Page 118 of 122 578 MARION COUNTY SCHOOL DISTRICT 103 CACHE SCHOOL DISTRICT, UT MARIST HIGH SCHOOL, OR CANYON RIM ACADEMY, UT MCMINNVILLE SCHOOL DISTRICT NOAO CANYONS DISTRICT, UT MEDFORD SCHOOL DISTRICT 549C CARBON SCHOOL DISTRICT, UT MITCH CHARTER SCHOOL CHANNING HALL, UT MONROE SCHOOL DISTRICT NO.1J CHARTER SCHOOL LEWIS ACADEMY, UT MORROW COUNTY SCHOOL DIST, OR CITY ACADEMY, UT MULTNOMAH EDUCATION SERVICE DISTRICT DAGGETT SCHOOL DISTRICT, UT MULTISENSORY LEARNING ACADEMY DAVINCI ACADEMY, UT MYRTLE PINT SCHOOL DISTRICT 41 DAVIS DISTRICT, UT NEAH-KAH-NIE DISTRICT NO.56 DUAL IMMERSION ACADEMY, UT NEWBERG PUBLIC SCHOOLS DUCHESNE SCHOOL DISTRICT, UT NESTUCCA VALLEY SCHOOL DISTRICT NO.101 EARLY LIGHT ACADEMY AT DAYBREAK, UT NOBEL LEARNING COMMUNITIES EAST HOLLYWOOD HIGH, UT NORTH BEND SCHOOL DISTRICT 13 EDITH BOWEN LABORATORY SCHOOL, UT NORTH CLACKAMAS SCHOOL DISTRICT EMERSON ALCOTT ACADEMY, UT NORTH DOUGLAS SCHOOL DISTRICT EMERY SCHOOL DISTRICT, UT NORTH WASCO CITY SCHOOL DISTRICT 21 ENTHEOS ACADEMY, UT NORTHWEST REGIONAL EDUCATION SERVICE EXCELSIOR ACADEMY, UT DISTRICT FAST FORWARD HIGH, UT ONTARIO MIDDLE SCHOOL FREEDOM ACADEMY, UT OREGON TRAIL SCHOOL DISTRICT NOA6 GARFIELD SCHOOL DISTRICT, UT ORLEANS PARISH SCHOOL DISTRICT GATEWAY PREPARATORY ACADEMY, UT PHOENIX-TALENT SCHOOL DISTRICT NOA GEORGE WASHINGTON ACADEMY, UT PLEASANT HILL SCHOOL DISTRICT GOOD FOUNDATION ACADEMY, UT PORTLAND JEWISH ACADEMY GRAND SCHOOL DISTRICT, UT PORTLAND PUBLIC SCHOOLS GRANITE DISTRICT, UT RAPIDES PARISH SCHOOL DISTRICT GUADALUPE SCHOOL, UT REDMOND SCHOOL DISTRICT HAWTHORN ACADEMY, UT REYNOLDS SCHOOL DISTRICT INTECH COLLEGIATE HIGH SCHOOL, UT ROGUE RIVER SCHOOL DISTRICT IRON SCHOOL DISTRICT, UT ROSEBURG PUBLIC SCHOOLS ITINERIS EARLY COLLEGE HIGH, UT SCAPPOOSE SCHOOL DISTRICT 1J JOHN HANCOCK CHARTER SCHOOL, UT SAINT TAMMANY PARISH SCHOOL BOARD, LA JORDAN DISTRICT, UT SEASIDE SCHOOL DISTRICT 10 JUAB SCHOOL DISTRICT, UT SHERWOOD SCHOOL DISTRICT 88J KANE SCHOOL DISTRICT, UT SILVER FALLS SCHOOL DISTRICT 4J KARL G MAESER PREPARATORY ACADEMY, UT SOUTH LANE SCHOOL DISTRICT 45J3 LAKEVIEW ACADEMY, UT SOUTHERN OREGON EDUCATION SERVICE LEGACY PREPARATORY ACADEMY, UT DISTRICT LIBERTY ACADEMY, UT SPRINGFIELD PUBLIC SCHOOLS LINCOLN ACADEMY, UT SUTHERLIN SCHOOL DISTRICT LOGAN SCHOOL DISTRICT, UT SWEET HOME SCHOOL DISTRICT NO.55 MARIA MONTESSORI ACADEMY, UT TERREBONNE PARISH SCHOOL DISTRICT MERIT COLLEGE PREPARATORY ACADEMY, UT THE CATLIN GABEL SCHOOL MILLARD SCHOOL DISTRICT, UT TIGARD-TUALATIN SCHOOL DISTRICT MOAB CHARTER SCHOOL, UT UMATILLA MORROW ESD MONTICELLO ACADEMY, UT WEST LINN WILSONVILLE SCHOOL DISTRICT MORGAN SCHOOL DISTRICT, UT WILLAMETTE EDUCATION SERVICE DISTRICT MOUNTAINVILLE ACADEMY, UT WOODBURN SCHOOL DISTRICT MURRAY SCHOOL DISTRICT, UT YONCALLA SCHOOL DISTRICT NAVIGATOR POINTE ACADEMY, UT ACADEMY FOR MATH ENGINEERING& NEBO SCHOOL DISTRICT, UT SCIENCE (AMES), UT NO UT ACAD FOR MATH ENGINEERING& ALIANZA ACADEMY, UT SCIENCE (NUAMES), UT ALPINE DISTRICT, UT NOAH WEBSTER ACADEMY, UT AMERICAN LEADERSHIP ACADEMY, UT NORTH DAVIS PREPARATORY ACADEMY, UT AMERICAN PREPARATORY ACADEMY, UT NORTH SANPETE SCHOOL DISTRICT, UT BAER CANYON HIGH SCHOOL FOR SPORTS& NORTH STAR ACADEMY, UT MEDICAL SCIENCES, UT NORTH SUMMIT SCHOOL DISTRICT, UT BEAR RIVER CHARTER SCHOOL, UT ODYSSEY CHARTER SCHOOL, UT BEAVER SCHOOL DISTRICT, UT OGDEN PREPARATORY ACADEMY, UT BEEHIVE SCIENCE &TECHNOLOGY ACADEMY OGDEN SCHOOL DISTRICT, UT (BSTA) , UT OPEN CLASSROOM, UT BOX ELDER SCHOOL DISTRICT, UT OPEN HIGH SCHOOL OF UTAH, UT CBA CENTER, UT OQUIRRH MOUNTAIN CHARTER SCHOOL, UT Requirements for National Cooperative Contract Page 119 of 122 579 PARADIGM HIGH SCHOOL, UT COLLEGE OF THE MARSHALL ISLANDS PARK CITY SCHOOL DISTRICT, UT COLUMBIA GORGE COMMUNITY COLLEGE PINNACLE CANYON ACADEMY, UT CONCORDIA UNIVERSITY PIUTE SCHOOL DISTRICT, UT GEORGE FOX UNIVERSITY PROVIDENCE HALL, UT KLAMATH COMMUNITY COLLEGE DISTRICT PROVO SCHOOL DISTRICT, UT LANE COMMUNITY COLLEGE QUAIL RUN PRIMARY SCHOOL, UT LEWIS AND CLARK COLLEGE QUEST ACADEMY, UT LINFIELD COLLEGE RANCHES ACADEMY, UT LINN-BENTON COMMUNITY COLLEGE REAGAN ACADEMY, UT LOUISIANA COLLEGE, LA RENAISSANCE ACADEMY, UT LOUISIANA STATE UNIVERSITY RICH SCHOOL DISTRICT, UT LOUISIANA STATE UNIVERSITY HEALTH ROCKWELL CHARTER HIGH SCHOOL, UT SERVICES SALT LAKE ARTS ACADEMY, UT MARYLHURST UNIVERSITY SALT LAKE CENTER FOR SCIENCE MT. HOOD COMMUNITY COLLEGE EDUCATION, UT MULTNOMAH BIBLE COLLEGE SALT LAKE SCHOOL DISTRICT, UT NATIONAL COLLEGE OF NATURAL MEDICINE SALT LAKE SCHOOL FOR THE PERFORMING NORTHWEST CHRISTIAN COLLEGE ARTS, UT OREGON HEALTH AND SCIENCE UNIVERSITY SAN JUAN SCHOOL DISTRICT, UT OREGON INSTITUTE OF TECHNOLOGY SEVIER SCHOOL DISTRICT, UT OREGON STATE UNIVERSITY SOLDIER HOLLOW CHARTER SCHOOL, UT OREGON UNIVERSITY SYSTEM SOUTH SANPETE SCHOOL DISTRICT, UT PACIFIC UNIVERSITY SOUTH SUMMIT SCHOOL DISTRICT, UT PIONEER PACIFIC COLLEGE SPECTRUM ACADEMY, UT PORTLAND COMMUNITY COLLEGE SUCCESS ACADEMY, UT PORTLAND STATE UNIVERSITY SUCCESS SCHOOL, UT REED COLLEGE SUMMIT ACADEMY, UT RESEARCH CORPORATION OF THE SUMMIT ACADEMY HIGH SCHOOL, UT UNIVERSITY OF HAWAII SYRACUSE ARTS ACADEMY, UT ROGUE COMMUNITY COLLEGE THOMAS EDISON -NORTH, UT SOUTHEASTERN LOUISIANA UNIVERSITY TIMPANOGOS ACADEMY, UT SOUTHERN OREGON UNIVERSITY(OREGON TINTIC SCHOOL DISTRICT, UT UNIVERSITY SYSTEM) TOOELE SCHOOL DISTRICT, UT SOUTHWESTERN OREGON COMMUNITY TUACAHN HIGH SCHOOL FOR THE COLLEGE PERFORMING ARTS, UT TULANE UNIVERSITY UINTAH RIVER HIGH, UT TILLAMOOK BAY COMMUNITY COLLEGE UINTAH SCHOOL DISTRICT, UT UMPQUA COMMUNITY COLLEGE UTAH CONNECTIONS ACADEMY, UT UNIVERSITY OF HAWAII BOARD OF REGENTS UTAH COUNTY ACADEMY OF SCIENCE, UT UNIVERSITY OF HAWAII-HONOLULU UTAH ELECTRONIC HIGH SCHOOL, UT COMMUNITY COLLEGE UTAH SCHOOLS FOR DEAF& BLIND, UT UNIVERSITY OF OREGON-GRADUATE SCHOOL UTAH STATE OFFICE OF EDUCATION, UT UNIVERSITY OF PORTLAND UTAH VIRTUAL ACADEMY, UT UNIVERSITY OF NEW ORLEANS VENTURE ACADEMY, UT WESTERN OREGON UNIVERSITY VISTA AT ENTRADA SCHOOL OF PERFORMING WESTERN STATES CHIROPRACTIC COLLEGE ARTS AND TECHNOLOGY, UT WILLAMETTE UNIVERSITY WALDEN SCHOOL OF LIBERAL ARTS, UT XAVIER UNIVERSITY WASATCH PEAK ACADEMY, UT UTAH SYSTEM OF HIGHER EDUCATION, UT WASATCH SCHOOL DISTRICT, UT UNIVERSITY OF UTAH, UT WASHINGTON SCHOOL DISTRICT, UT UTAH STATE UNIVERSITY, UT WAYNE SCHOOL DISTRICT, UT WEBER STATE UNIVERSITY, UT WEBER SCHOOL DISTRICT, UT SOUTHERN UTAH UNIVERSITY, UT WEILENMANN SCHOOL OF DISCOVERY, UT SNOW COLLEGE, UT DIXIE STATE COLLEGE, UT HIGHER EDUCATION COLLEGE OF EASTERN UTAH, UT ARGOSY UNIVERSITY UTAH VALLEY UNIVERSITY, UT BATON ROUGE COMMUNITY COLLEGE, LA SALT LAKE COMMUNITY COLLEGE, UT BIRTHINGWAY COLLEGE OF MIDWIFERY UTAH COLLEGE OF APPLIED TECHNOLOGY, UT BLUE MOUNTAIN COMMUNITY COLLEGE BRIGHAM YOUNG UNIVERSITY-HAWAII STATE AGENCIES CENTRAL OREGON COMMUNITY COLLEGE ADMIN. SERVICES OFFICE CENTENARY COLLEGE OF LOUISIANA BOARD OF MEDICAL EXAMINERS CHEMEKETA COMMUNITY COLLEGE HAWAII CHILD SUPPORT ENFORCEMENT CLACKAMAS COMMUNITY COLLEGE AGENCY Requirements for National Cooperative Contract Page 120 of 122 580 HAWAII DEPARTMENT OF TRANSPORTATION HAWAII HEALTH SYSTEMS CORPORATION OFFICE OF MEDICAL ASSISTANCE PROGRAMS OFFICE OF THE STATE TREASURER OREGON BOARD OF ARCHITECTS OREGON CHILD DEVELOPMENT COALITION OREGON DEPARTMENT OF EDUCATION OREGON DEPARTMENT OF FORESTRY OREGON DEPT OF TRANSPORTATION OREGON DEPT. OF EDUCATION OREGON LOTTERY OREGON OFFICE OF ENERGY OREGON STATE BOARD OF NURSING OREGON STATE DEPT OF CORRECTIONS OREGON STATE POLICE OREGON TOURISM COMMISSION OREGON TRAVEL INFORMATION COUNCIL SANTIAM CANYON COMMUNICATION CENTER SEIU LOCAL 503, OPEU SOH-JUDICIARY CONTRACTS AND PURCH STATE DEPARTMENT OF DEFENSE, STATE OF HAWAII STATE OF HAWAII STATE OF HAWAII, DEPT. OF EDUCATION STATE OF LOUISIANA STATE OF LOUISIANA DEPT. OF EDUCATION STATE OF LOUISIANA, 26TH JUDICIAL DISTRICT ATTORNEY STATE OF UTAH Requirements for National Cooperative Contract Page 121 of 122 581 region4" 7145 West Tidwell Road - Houston, Texas 77092 (713)-462-7708 www.esc4.net NOTICE TO OFFEROR Ilf Ilf Ilf III Ilf III III Solicitation Number 20-04 Request for Proposal ("RFP") by Region 4 Education Service Center ("ESC") for HVAC Equipment, Installation, Services & Related Products SUBMITTAL DEADLINE: Tuesday, April 7, 2020, 10:00 AM CENTRAL TIME This Addendum No. 1 amends the Request for Proposals (RFP) for HVAC Equipment, Installation, Services & Related Products ("Addendum"). To the extent of any discrepancy between the original RFP and this Addendum, this Addendum shall prevail. Region 4 Education Service Center ("Region 4 ESC') requests proposals from qualified suppliers with the intent to enter into a Contract for HVAC Equipment, Installation, Services & Related Products. Addendum No. 1 is hereby issued as follows: 1. Submittal Deadline: The submittal deadline for this RFP is hereby changed from Tuesday, March 24, 2020 @ 2.00 PM Central Time and extended as indicated below and above: • Tuesday, April 7, 2020 @ 10.00 AM Central Time 582 RECEIPT OF ADDENDUM NO. 1 ACKNOWLEDGEMENT Offeror shall acknowledge this addendum by signing below and include in their proposal response. Company Name Contact Person Signature Date Crystal Wallace Region 4 Education Service Center Business Operations Specialist 583 region4" 7145 West Tidwell Road - Houston, Texas 77092 (713)-462-7708 www.esc4.net NOTICE TO OFFEROR Ilf Ilf Ilf III Ilf III III Solicitation Number 20-04 Request for Proposal ("RFP") by Region 4 Education Service Center ("ESC") for HVAC Equipment, Installation, Services & Related Products SUBMITTAL DEADLINE: Tuesday, April 14, 2020, 10:00 AM CENTRAL TIME This Addendum No. 2 amends the Request for Proposals (RFP) for HVAC Equipment, Installation, Services & Related Products ("Addendum"). To the extent of any discrepancy between the original RFP and this Addendum, this Addendum shall prevail. Region 4 Education Service Center ("Region 4 ESC') requests proposals from qualified suppliers with the intent to enter into a Contract for HVAC Equipment, Installation, Services & Related Products. Addendum No. 2 is hereby issued as follows: 1. Submittal Deadline: The submittal deadline for this RFP is hereby changed from Tuesday, April 7, 2020 @ 10.00 AM Central Time and extended as indicated below and above: • Tuesday, April 14, 2020 @ 10.00 AM Central Time 584 RECEIPT OF ADDENDUM NO. 2 ACKNOWLEDGEMENT Offeror shall acknowledge this addendum by signing below and include in their proposal response. Company Name Contact Person Signature Date Crystal Wallace Region 4 Education Service Center Business Operations Specialist 585 region4" 7145 West Tidwell Road - Houston, Texas 77092 (713)-462-7708 www.esc4.net NOTICE TO OFFEROR Ilf Ilf Ilf III Ilf III III Solicitation Number 20-04 Request for Proposal ("RFP") by Region 4 Education Service Center ("ESC") for HVAC Equipment, Installation, Services & Related Products SUBMITTAL DEADLINE: Tuesday, May 5, 2020, 10:00 AM CENTRAL TIME This Addendum No. 3 amends the Request for Proposals (RFP) for HVAC Equipment, Installation, Services & Related Products ("Addendum"). To the extent of any discrepancy between the original RFP and this Addendum, this Addendum shall prevail. Region 4 Education Service Center ("Region 4 ESC') requests proposals from qualified suppliers with the intent to enter into a Contract for HVAC Equipment, Installation, Services & Related Products. Addendum No. 3 is hereby issued as follows: 1. Submittal Deadline: The submittal deadline for this RFP is hereby changed from Tuesday, April 14, 2020 @ 10.00 AM Central Time and extended as indicated below and above: • Tuesday, May 5, 2020 @ 10:00 AM Central Time 586 RECEIPT OF ADDENDUM NO. 3 ACKNOWLEDGEMENT Offeror shall acknowledge this addendum by signing below and include in their proposal response. Company Name Contact Person Signature Date Crystal Wallace Region 4 Education Service Center Business Operations Specialist 587 region4" 7145 West Tidwell Road - Houston, Texas 77092 (713)-462-7708 www.esc4.net NOTICE TO OFFEROR Ilf Ilf Ilf III Ilf III III Solicitation Number 20-04 Request for Proposal ("RFP") by Region 4 Education Service Center ("ESC") for HVAC Equipment, Installation, Services & Related Products SUBMITTAL DEADLINE: Tuesday, May 5, 2020, 10:00 AM CENTRAL TIME This Addendum No. 4 amends the Request for Proposals (RFP) for HVAC Equipment, Installation, Services & Related Products ("Addendum"). To the extent of any discrepancy between the original RFP and this Addendum, this Addendum shall prevail. Region 4 Education Service Center ("Region 4 ESC') requests proposals from qualified suppliers with the intent to enter into a Contract for HVAC Equipment, Installation, Services & Related Products. Addendum No. 4 is hereby issued as follows: 1. Proposal Format: The submission requirement in Section 5 in the "Instructions to Offerors" in this RFP is hereby revised as follows: • The requirement for two (2) bound copies is waived. • Offeror must submit their complete response on two (2) electronic copies; pin/flash drives. Offeror must also submit two (2) electronic proposals free of propriety information to be posted, if awarded a Contract. 2. Required Documents • Any document requiring appearance before a notary shall be waived until a later date or upon Region 4 ESC request. 588 RECEIPT OF ADDENDUM NO. 4 ACKNOWLEDGEMENT Offeror shall acknowledge this addendum by signing below and include in their proposal response. Company Name Contact Person Signature Date Crystal Wallace Region 4 Education Service Center Business Operations Specialist 589 region4" 7145 West Tidwell Road - Houston, Texas 77092 (713)-462-7708 www.esc4.net NOTICE TO OFFEROR Ilf Ilf Ilf III Ilf III III Solicitation Number 20-04 Request for Proposal ("RFP") by Region 4 Education Service Center ("ESC") for HVAC Equipment, Installation, Services & Related Products SUBMITTAL DEADLINE: Thursday, June 18, 2020, 10:00 AM CENTRAL TIME This Addendum No. 5 amends the Request for Proposals (RFP) for HVAC Equipment, Installation, Services & Related Products ("Addendum"). To the extent of any discrepancy between the original RFP and this Addendum, this Addendum shall prevail. Region 4 Education Service Center ("Region 4 ESC') requests proposals from qualified suppliers with the intent to enter into a Contract for HVAC Equipment, Installation, Services & Related Products. Addendum No. 5 is hereby issued as follows: 1. Submittal Deadline: The submittal deadline for this RFP is hereby changed from Tuesday, May 5, 2020 @ 10.00 AM Central Time and extended as indicated below and above: • Thursday, June 18, 2020 @ 10:00 AM Central Time 2. Approval from Region 4 ESC: Approval of contract award date is hereby changed from June 23, 2020 and extended as indicated below: • August 25, 2020 (tentative and subject to change) 590 RECEIPT OF ADDENDUM NO. 5 ACKNOWLEDGEMENT Offeror shall acknowledge this addendum by signing below and include in their proposal response. Company Name Contact Person Signature Date Crystal Wallace Region 4 Education Service Center Business Operations Specialist 591 region4" 7145 West Tidwell Road - Houston, Texas 77092 (713)-462-7708 www.esc4.net NOTICE TO OFFEROR Ilf Ilf Ilf III Ilf III III Solicitation Number 20-04 Request for Proposal ("RFP") by Region 4 Education Service Center ("ESC") for HVAC Equipment, Installation, Services & Related Products SUBMITTAL DEADLINE: Tuesday, July 14, 2020, 10:00 AM CENTRAL TIME This Addendum No. 6 amends the Request for Proposals (RFP) for HVAC Equipment, Installation, Services & Related Products ("Addendum"). To the extent of any discrepancy between the original RFP and this Addendum, this Addendum shall prevail. Region 4 Education Service Center ("Region 4 ESC') requests proposals from qualified suppliers with the intent to enter into a Contract for HVAC Equipment, Installation, Services & Related Products. Addendum No. 6 is hereby issued as follows: 1. Submittal Deadline: The submittal deadline for this RFP is hereby changed from Thursday, June 18, 2020 @ 10.00 AM Central Time and extended as indicated below and above: • Tuesday, July 14, 2020 @ 10:00 AM Central Time 2. Approval from Region 4 ESC: Approval of contract award date is hereby changed from June 23, 2020 and extended as indicated below: • August 25, 2020 (tentative and subject to change) 592 RECEIPT OF ADDENDUM NO. 6 ACKNOWLEDGEMENT Offeror shall acknowledge this addendum by signing below and include in their proposal response. Company Name Contact Person Signature Date Crystal Wallace Region 4 Education Service Center Business Operations Specialist 593 Dovve need to include pages 1'Z1in our response? Ansvuer� No, Dovve need to include all of exhibit H,the list of cities in our response? Ansvuer� |tisnotnecessarytoinc|udeaU agency |istings, Dovve need to supply our safety manual in our response? Ansvuer� See |V, Eva|uation Process and Criteria, #2, a, xi "Provide anyadditiona| information III|evalilt tothissection"" Hovuever, if the documentsare |engthyarecommendationvuou|dbeto |istcurrent safetymanua|sor |inks, Awardedsu�D�D|ier(s) shaUDrovidesaff(Aymanua| i III formatio III Upon Region4ES[ orPartici�XtingPub|ic Agency request, Do we need to supply copies of all our licenses or a list of all of them for all our partners? Ansvuer� See |V, Eva|uation Process and Criteria, #2, b, xi "Provide anyadditiona| information III|evalilt to this section"" However, if the documents are |engthy a recommendation vuou|d be to |ist current |icenses in the response, Awardedsu�D�D|ier(s) shaU Drovide |icenses u�Don Region4 ES[orPaiticipating Pub|ic Agency request, See AppendixA, #12Licensesforfurtherdetai|s, Appendix C. Doc#7 (page 3O)states o bid bond is required for applicable oonstruotion/r000nstruotion/nanovotion and related services. Our surety company is stating since there are no products or services being purchase for a specific owner and/or project for this RFP a bid bond cannot boprovided. Since o bid bond cannot bo provided what type of documentation would bo considered 0000ptob|o to Region 4 to meet this requirement? Ansvver� A |etterofbondingoopooityvvi|| suflioe Perhaps o document stating our bonding capacity? Ansvver� A |etterofbondingoopooityvvi|| suflioe Does Region 4 have o specific form they would like oonnp|otod to meet their intent of Doc#7? Ansvver� No Section 3.31 (pogoG1 and 61 of122 states to provide the contract sales for the initial three years ofthe contract. Please define the tinnofronnoof the start ofthe initial three years. The anticipated start date is Oct. 1. 2020. Is the first year considered Oct. 1. 2020 through Dec. 31. 2020 (3 months)or is the first year considered the first full calendar year(Jan 1. 2O21 through Dec. 31. 2O21)? Ansvver� The �espondentsho|| determinethetimefromeresponse 594 We are not seeing Attached "D" in the RFP, should this read Appendix"D"? NATIONAL CONTRACT Region 4 ESC as the Principal Procurement Agency, defined in ATTACHMENT D has partnered with OMNIA Partners, Public Sector("OMNIA Partners") to make the resultant contract (also known as the "Master Agreement" in materials distributed by OMNIA Partners)from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies"),through OMNIA Partners' cooperative purchasing program. Region 4 ESC is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners(a "Participating Public Agency") and by using the Master Agreement, any such Participating Public Agency agrees that it is registered with OMNIA Partners, whether pursuant to the terms of a Master Intergovernmental Purchasing Cooperative Agreement, a form of which is attached hereto on ATTACHMENT D or as otherwise agreed to. ATTACHMENT D contains additional information about OMNIA Partners and the cooperative purchasing program. Can you please clarify. Answer: Y((S, lit xlh(A lld be Appen&x D, 595 aToreglon4� BIDIPROPOSAL SIGN IN SHEET RFP#20-04 HVAC Thursday, February 13,202!0 2M PM CST Name of Company Printed Name Signature Ua, cl. 2 r 3 W, v e cls� c" c I r�") 01, 21)d 10 dv 12 13 LILL�( �ll MO, v` 16 _U 1 171 ? 596 ti L0 Oftloregion4' BIDIPROPOSAL RECEIPT LIST 20.04 HVAC Tuesday,July 14,2020 10:00 AM CST Received Bid/Proposal-Name of Company Description of Receipt(#of boxes Date and Time Received and/or Envelopes) 1.7 i „j.1 r�1 .7a b>,D la�5un . 21 aro M1rCbN*C0j- o o A (gs 9, 2og-,* AD F� ey, 5 111h, , - , -I -k,- L, i—DUX Ua� ' S act 8 S a.�� I 9 10 11 12 13 14 15 16 17 00 0) O"region4"' BIdlPROPpSAL SIGN IN SHEET RPP#R20-04 HVAC Tuesday,July 14,2020 10:00 AM Name of Company Printed Name Signature 3 nc, ( hj�j,wjt 5 6 7 8 9 10 11 12 13 14 15 16 17 LO n t o m CD �mJ y S C7% CM A (n 4H w is� J U0 a N � CO � LO e E m U 1 Ln Q M J � M � U)i H(n 3 uj 1� m U) 0 ll z a m V�H + ems• ON � s Fm�:>U) Zo3 �3L a � Wa)om= �C9� f �� E �. a H W O f. j Z a L w.-»i a Cam]v a Q LO W"_U =O Om HN,:Kc GO UA ' o' ;�/irvJAlJ11N1 Ulln II nl t fv��(Ifr^� lwpr,v���r�nr/a/y51nJ� J7�yil�l9//l/r��l Jli¢„�� ', li/fir,,,Uirrl r .� vie/�i Ylu 17�1 „'; CD cm N Cc T �a 4�09 U � !h o �m,Q o - ��� � MP' MAN V JLu N uj LEV) SIC �. ppa Z W C W W Icao � a J o r.. M wLu r� am Oil x F �'t 0 0 cfl w fedex.COm 1.M,Gi uFedEn lBM.463,7339 mlf, �If� CD c gli all Jw �m ®' allr y ® t nI f oADLn W CD p ru d '14 N wi man. Z G. udu"iC rc RIP IM ru IX , ru 2111 ru CID mCID f I pfl I r a <Lli y �� �f 94 gn o _ n T- 0 cc dg3if9d9afE7'89� �uw��uu s O � MQ W COUJ 1` N o > NmZ EOM LU cpb LL 0op = �. co CD cm W t aui r co VVD x = CD wcc o N LU _ Lut Ln =- - - J aQ�Ia � z z W O ~ �o = o � � O O rx p� Zw� tju wN/ u�'/, O_ _ acr ccJ O U] Ln CD Q OU)UJN M O F (s),�,age-7 ino),luud-aa6eueyu diqS,x3Aa3 OZOZIML *331L9L UU@99 �+w►trwt�uzr s IL = N 2 W M I o - - ' W p OON � Woo Ch _ Z 2 = - `� =- - - z c=n ace m a = rf a zo _ - z V rn� - - - _- WCN cz N a Ln CI .r - 3: W N aZWcr- xXz F w G0O d �_ um �ww 5 /�/ ♦♦ cli L�u/ TO 4 O mmm� N�d N OmmM F' (s)lage-1 rook}wjd-aa6eueyy digs x3Pa3 OZOZIO WL N u ,T T ; O Ln mco 41 O O F r-o uQ yCo M CC aim �? ti a C 7 Cc i.0 — z co O N UI W W Z mW a N S' O H V=_ - _ w it J ' - U to / cn � qqr � 4r OW rQ �Z S I, LG O H7�d •��� a a W 5 eb✓ m am (` s 3 1 j or cc tf In we 00:0T 4e OZ-vT-L:ano Woz#u014e413llos ,pnpoad pa4elaa'8 o3lwaS'uoljellejsul tuowdjnb3:)VAH:u0lle4PI10S b90LL Xl`uojsn0H •pa u04gulAap SZS6 •3ul `soialsnpul0i Suonn auleJJOI :w0a3 Z60LL Xl`uo4snoH 'phi Ila^"p I'M S17TL a:)elleM le4sti:)/uuewla3ulZ:Pago'l :uoljua:fty DS31r uolBall:ol rn 0 N USFR Compliance Questionnaire for RFP#20-04 HVAC Equipment, Installation, Service and Related Products YES/NO COMMENTS 1. Based upon review of this contract for the procurement of construction, materials, and/or services that exceeded $100,000, did the cooperative follow the School District Procurement Rules YES (R7-2-1001 et seq)? a. For this contracts awarded through competitive sealed bidding or competitive sealed proposals, did the cooperative: 1) Give adequate notice of the invitation for bid IFB) or request for proposal (RFP)? R7-2-1022 or R7-2-1042(C) YES Ads &Affidavits 2) Compile and maintain a list of persons who requested to be added to a list of prospective bidders, if any? R7-2-1023 YES Bidders List 3) Issue the IFB or RFP at least 14 days before the due date and time set for bid or proposals, as applicable, unless a shorter time was determined necessary? R7-2-1024(A) or R7-2-1042(B) YES RFP Document, Page 1 4) Include all required information in the IFB or RFP? (Note: If the answer is "No," the "Comments" should RFP Document specifically indicate which requirements were not complied with.)R7-2-1024(B) or R7-2-1042(A) YES 5) Stamp sealed bids or proposals with the time and date upon receipt and store bids or proposals unopened until the due date YES Time Stamped Responses and time set for opening? R7-2-1029 or R7-2-1045 p p 6) If a multiple award was made for the IFB or RFP: i. Did the cooperative establish and follow procedures for the YES use of multiple award contracts? R7-2-1031(D) and R7-2-1050(C) Multi-Award Justification ii. Did the cooperative include in the solicitation(s) notification that multiple contracts may be awarded, the cooperative's basis for determining whether to award multiple contracts, and the criteria for selecting vendors for the multiple contracts? R7-2-1031(C) and R7-2-1050(B) YES RFP Doc; XXI, page 12 iii. Determine, with the specific reason(s) in writing, that a single award was not advantageous to the cooperative's members and retain documentation that supported the basis for a multiple award? R7-2-1031(D) YES Multi-Award Justification iv. Limit contract awards to the least number of suppliers necessary to meet the requirements of the members? YES R7-2-1031(D) and R7-2-1050(C) 603 YES/NO COMMENTS 7) For contracts where only one responsive bid or proposal was received, determine that the price submitted was fair and reasonable, and that either other prospective offerors had reasonable opportunity to respond or there was not adequate time for resolicitation, and retain documentation that supported the basis for the determination? R7-2-1032 or R7-2-1046(A)(1) N/A b. For this contract awarded through competitive sealed bidding, did the cooperative award the contracts to the lowest responsible and responsive bidder whose bid conformed, in all material respects, to the requirements and evaluation criteria set forth in the IFB? (Note: If the answer is "No,"the "Comments"should specifically N/A indicate which requirements were not complied with.)R7-2-1031 c. For this contract awarded through competitive sealed proposals, did the cooperative award the contract to the offeror whose proposal was determined,with the specific reason(s)in writing,to be most advantageous to the cooperative's members based on the factors set forth in the RFP and retain documentation that Recommendation of supported the determination? R7-2-1050 YES Contract Award 2. Did the cooperative have signed conflict-of-interest disclosures filed for any employee or nonemployee evaluation committee members? R7-2-1008 and R7-2-1015 Evaluation Committee YES Member Statements 3. If the cooperative used a qualified select bidders list to procure construction services, did the cooperative comply with requirements of R7-2-1101? N/A 4. If the cooperative used construction-manager-at-risk, design-build, or job-order-contracting to procure construction services, did the cooperative comply with the requirements of R7-2-1100 through R7-2-1115? N/A 5. If the cooperative procured goods and services using reverse auctions or electronic bidding, did the cooperative comply with the requirements of R7-2-1018, R7-2-1021, or R7-2-1041? N/A 6. For purchases made through the Simplified School Construction Procurement Program, did the cooperative follow the requirements of R7-2-1033? (Note: If the answer is "No," the "Comments" should specifically indicate which requirements were not complied with.) N/A 7. If the cooperative used multi-term contracts for any of the contracts tested in question 1: a. Were the terms and conditions of renewal or extension, if any, YES RFP Document, included in the IFB or RFP?A.R.S. §15-213(K) and R7-2-1093 Appendix A b. For materials or services and contracts for job-order-contracting construction services that were entered into for more than 5 years, did the cooperative determine in writing, before the procurement solicitation was issued, that a contract of longer duration would be advantageous to its members? A.R.S. N/A §15-213(K) and R7-2-1093 8. Did the cooperative prevent additional purchases by new members that would materially change the volume of goods or services YES estimated in the original solicitation? R7-2-1011 604 YES/NO COMMENTS 9. Did the cooperative maintain current cooperative purchasing agreements with participating school districts? R7-2-1191 through YES R7-2-1195 For questions 10 and 11: If the cooperative had any emergency or sole source procurements,the audit firm must test all such procurements. 10. Based upon review of any emergency procurements,was the basis for each emergency procurement reasonable; did the cooperative maintain a written statement for each emergency procurement documenting the basis for the emergency, the selection of the particular contractor, and why the price paid was reasonable; and was such statement signed by the individual authorized to initiate emergency procurements? R7-2-1055 and R7-2-1056 N/A 11. Based upon review of any sole source procurements,was the basis for the sole source procurement reasonable, and did the cooperative retain its written determination that there was only one source for the required materials, service, or construction items? R7-2-1053 N/A 605 CD CD \ | � �) 2 _ � ! Q0 7 §tc \ ® ' - � - \ 0 V) ! \ * » ) 2 } } ]fond PO BOX 194 Phoenix,Arizona 85001-0194 I., "' .(11 'S' ks, (602)444-7315 FAX(602)444-5901 PNI-Arizona Business Gazette AFFIDAVIT OF PUBLICATION PHASE:3 109 WESTPARK DRIVE, SUITE 360 BRENTWOOD,TN 37027 Order# 0004048936 #of Affidavits 1 P.O# Published Date(s): 02/13/20 STATE OF WISCONSIN COUNTY OF BROWN SS' I, being first duly sworn, upon oath deposes and says: That I am the legal clerk of the Arizona Republic, a newspaper of general circulation in the counties of aricopa, Coconino, Pima and Pinal, in the State of Arizona, published weekly at Phoenix, Arizona, and that the copy hereto attached is a true copy of the advertisement published in the said paper on the dates i�;rdk-,it d. r Sworn to before me this 13 TH day of FEBRUARY 2020 I N�,la y Public ~�` SHELLY H®RA My Corniuroissiion expires: . C OtB,ry Public 4 State Of Wisconsin 607 firmsThe Region 4 Education Service Center (ESC), Houston, TX is requesting pro- Posals from qualified and experienced (RFP No.20-04). In order to be consid- ered, the Offeror must complete and submit a Proposal to Region 4 ESC in accordance with the solicitation docu- orientation available at www.esc4.net or www.omn!a partners.corn PRE-PROPOSAL CONFERENCE: Tuesday,March 3,2020,10:00 am local time, Region 4 ESC 7145 West Tidwell Road,Houston,TX 77092. PROPOSAL DUE DATE: Pub:Feb 13,2020 stallation, Service & Related Products 608 4770 S 5600 W. %',TS I VALLEY('I I Y.L11 A I 184170 FFD.I AX ID);87-0217663 X01-204-0910 PROOF OF PUBLICATION CUSTOMFRN COPY CUSTOMER NAME AND ADDRESS ACCOUNT'NUMBER DATE PHASE 3 9001501174 3/1612020 109 WESTPARK DR STE 360 BRENTWOOD,TN 37027 ACCOUNT NAME PHASE 3 TELEPHONE ORDFR# / INVOWENUMBER. 6155674070 1285764= 1 12857-64 SC HEDUIX REQUEST'FOR PROPOSALS 2/13/2020 STAR 1 2/13/2020 END The Region 4 Education Service Center(ESC),Houston,TX is proposals from qualified and experienced firms to pro CUSTOMER REFERENCE NUMBER vide RVAC Equipment,Installation,Service & Related Prod- ucts(REP No.20-04). In order no be considered,the Offeror must RFP#20-04 complete and submit a proposal to Region 4 ESC in accordance with the solicitation documentation availaffle at www.esc4 net or CAPTION www.omniaparuicr%.corn PRE-PROPOSAL CONFERENCE, 'Tuesday, March 3, 2020, 10:00 am local thue,Region 4 ESC 7145 West Tidwell Road,HOUS- REQUEST FOR PROPOSALS ton,TX 77092, PROPOSAL DUE DKfE, SIZE March 24,2020,BEFORE 2:00 I'M CENTRAL TIME. .................... 30 LINES 1.00 COLUMN(S) TIMES 'rarAl.COST' 2 60.00 AFFIDAVIT OF PUBLICAT[ON1 AS NEWSPAPER AGENCY COMPANY,LL.Cdba UTAH MEDIA GROUT'LFGAI.BOOKER,I CERHF-YTHAT THE AI-FACHED ADVERTISEMENT 01 LEGAL NOTICE FOR PHASE 3 ]WAS PUB11SHE,l)BY THL NEWSPAPFR AGENCY COMPANY,1-1-('dba 0[All MEDIA GROUP,AGFN FFOR DFSFRETNEWS AND I III-.SALT'IAKLTRIBUNF,DAILY NI WSPAPERS PRINJI'D IN THE FINGLISli LANGUAGE WITH GENERAL CIRCULATION IN Ul'All,AND PUBLISHED IN SALT LAKE ITY, SAFFLAKE COUNTY IN TILL STATE OF(rl'All.NOTICE IS ALSO PLU311SH[A)ON UTAHLEGALS COM ONT1113SAME DAY AS FIRST' NEWSPAPER PUBLICATION DATE AND REMAINS ON IJTAllLFGALS.(OM INDLIFINATFI.Y. PUBLISHED ON 02/13/20 SIGNATURE DATE F_ 3/16/2020 STATE OF UTAH COUNTY OF SALT LAKE SUBSCRIBED AND SWORN TO BEFORE ME ON THIS 16TH DAY OF MARCH IN THE YEAR 2020 BY JAE LEVI JAE LEVI NC)"TARY PUBLK,-STATE OF WAH My Gomm,Ex 05129/2022 NOTARY PUBLIC SIGNATURE GOMiTliGSiQ l# 700608 609 AFFIDAVIT OF PUBLICATION 9191=fth OFFICIAL DJC 4411OFAW 921 S.W. Washington St. Suite 210/Portland, OR 97205-2810 (503) 226-1311 STATE OF OREGON, COUNTY OF MULTNOMAH--ss. 1, Nick Biork , being first duly sworn, depose and say that I am a Publisher of the Daily Journal of Commerce , a newspaper of general circulation in the counties of CLACKAMAS, MULTNOMAH, and WASHINGTON as defined by ORS 193.010 and 193.020; published at Portland in the aforesaid County and State; that I know from my personal knowledge that the Goods and Services notice described as Case Number: NOT PROVIDED HVAC EQUIPMENT, INSTALLATION, SERVICE & RELATED PRODUCTS Region 4 Education Service Center; Bid Location Houston, TX, Harris County; Due 03/24/2020 at 02:00 PM a printed copy of which is hereto annexed,was published in the entire issue of said newspaper for I time(s)in the following issues: REGION 4 EDUCATION 2/14/2020 SERVICE CENTER HVAC EQUIPMENT,INSTALLATION, SERVICE&RELATED PRODUCTS Proposals Due 2:00 pin, March 24,2020 REQUEST FOR PROPOSALS The Region 4 Education Service State of Oregon Center (ESC), Houston, TX is County of Multnomah requesting proposals from qualified and experienced firms to provide HVAC Equipment, Installation, Service & Related Products (RFP No. 20-04). in SIGNED OR ATTESTED BEFORE ME order to be considered, the Offeror must complete and submit a proposal to ON THE 14th DAY OF February,2020 Region 4 ESC in accordance with the solicitation documentation available at www.esc4.net or www.omniapArtners. com PRE-PROPOSAL CONFERENCE: Tuesday, March 3, 2020, 10:00 am local Nick Bjork time, Region 4 ESC 7145 West Tidwell Road,Houston,TX 77092. PROPOSAL DUE DATE: March 24, 2020, BEFORE 2:00 PM CENTRAL TIME, Published Feb.14,2020. 11852495 Notary Public-State0olPOregon P OFFICIAL STAMP MICHELLE ANNE ROPP 0 PUBLIC -OREGON NOTARY 0 9 091 COMMISSION NO.981091 My COMMISSION EXPIRES NOVEMBER 05,2022 ------------- Sydney Rubin Order No.: 11852495 National Ipa Client Reference No: 109 Westpark Dr Ste 360 Brentwood,TN 37027-5062 610 Page 1 of 1 02/07/2020 16:23:32 Ad Number 11029978 Ad Key Order Number 20467920 Salesperson Legal - Legals- Helena PO Number Publication Independent Record Customer 60036285 Phase 3 Marketing &CommunicalSection Class Section Contact Sydney Rubin Sub Section Legal Addressl 109 Westpark Drive Category 9999 Legals Address2 Suite 360 Dates Run 02113/2020-02/13/2020 City St Zip Brentwoo TN 37027 Days 1 Phone Size 2 x 1.55, 14 lines Fax Words 92 Ad Rate Legal Line Printad By Billie Jo Williams Ad Price 53.92 Entered By Crystal Gray Amount Paid 0.00 Amount Due 53.92 Keywords The Region 4 Education Service Center(ESC), Houst Notes Zones The Region 4 Education Service Center(ESC),Houston,TX AFFIDAVIT OF PUBLICATION is requesting proposals from qualified and experienced firms to STATE OF MONTANA, provide HVAC Equipment, Installation, Service & Related County of Lewis&Clark Products (RFP No. 20-04). In order to be considered, the Of- Crystal Gray feror must complete and submit a proposal to Region 4 ESC in Being duly sworn,deposes and says; f the independent Record,a newspaper of accordance with the solicitation documentation available at That she is the principal clerk o www.esc4.net or www.omniapartners.com general circulation published daily in the City of Helena,in the county of Lewis& PRE-PROPOSAL CONFERENCE: Tuesday, March 3, 2020, Clark,state of Montana,and has charge of the advertisement therof: 10:00 am local time, Region 4 ESC 7145 West Tidwell Road, Thatthe Legal Notice Houston,TX 77092 PROPOSAL DUE DATE: a true copy of which is hearto annexed,was published in said newspaper on the March 24,2020, BEFORE 2:00 PM CENTRAL TIME following dates:viz,: February 13,2020 MNAXLP rphrijary 13,202n making in all_l—publication(s) Subscribed and sworn to me this 13 ay of_February_2020. Notary Public for t State of Montana Printed Name:Billie Jo Williams Residing at Clancy,Montana 59634 My commission expires August 31,2022 (Notary Seal) 'o, 0 V, BILLIE J0'ARLILANG 4�, NOTARY PU BUC for fne State of monfaila E Residing at ClancY �-)'o My Gorrin--,isysjon Expires OF August 31,2022 611 Certificate of the Publisher The Herald-News Description:RFP 20-04 1751071 RFP 20-04 PHASE 3 MARKETING&COMMUNICATIONS P O BOX 680758 MARIETTA GA 30068 Shaw Media certifies that it is the publisher of The Herald-News. The Herald-News is a secular newspaper, has been continuously published daily for more than fifty(50)weeks prior to the first publication of the attached notice, is published in the City of Joliet, County of Will, State of Illinois, is of general circulation throughout that county and surrounding area, and is a newspaper as defined by 715 ILCS 5/5, A notice, a true copy of which is attached, was published 1 time(s)in The Herald-News, namely one time per week for one successive week(s). Publication of the notice was made in the newspaper, dated and published on 02/13/2020 This notice was also placed on a statewide public notice website as required by 5 ILCS 5/2.1. In witness, Shaw Media has signed this certificate by J. Tom Shaw, its publisher, at Joliet, Illinois, on 13th day of February, A.D. 2020 Shaw Media By: rr PUBLIC NOTICE The Region; 4 Education Service Corner (ESC) J. Tom Shaw, Publisher Houslohw TX Is reques og proposals from qualll, Account Number 10174037 Amount$69.44 proand esgr to 1ptn arorCde HWAC`EgUlpraeaE 105*11oluft service A Related Products(RFP No 20�04), in order to be reconsidered,the'Offeror must complete and submit a proposat to Region 4 ESC fin dcmd4ade wtdt the solicitation documentation available of www.esc4ml or;www.omniaoadnOrs.COM PRE-PROPOSAL CONFERENCE: Tuesday,' March 3,,2020, 10:00 am loam time,'Rsgtlon 4 ESC 7145 ww-Tidwell Rood, 'Houston,TX77092. PROPOSAL'DUE DATE: March 24 2020 BEFORE 2:00 PM CENTRAL TIME. bblisheo, In Herald- ruary 13 2020) News 1751071 IV AFFIDAVIT OF PUBLICATION IN THE MATTER OF RFP No.20-K HVAC Equipment,Installation,Service&Related Products STATE OF HAWAII ISS. City and County of Honolulu I Doc. Date:— FEB 13 2020 # Pages: =. Patricia K. Reese Fir tjudiq Notary Nam Judi ig[Circuit Doc. Description: Affidavit of .... K........ Publication 07ARY PLIBLAC FEB 13 2020 No. 86-467 Nota Signature DatePo„ Gwyn Pang being duly sworn,deposes and says that she is a clerk,duly authorized to The Region 4 Education Service Center (FSC), Houston, TX is requesting proposals from qualified execute this affidavit of Oahu Publications,Inc.publisher of The Honolulu and experienced firms to provide HYAC Equipment, Star-Advertiser,MidWeek,The Garden Island,West Hawaii Today,and Hawaii instaliation, Service &Rotated Products (RFP No. 20-04). In order to be considered, the Ufferor must Tribune-Herald,that said newspapers are newspapers of general circulation in the State complete and submit-a proposal to Region 4 FSC in of Hawaii,and that the attached notice is true notice as was published in the accordance with the solicitation documentation available at www.eaq4.Ret,or WNW.91plinapadn.ers.com Honolulu Star-Advertiser 1 times on: PRE-PROPOSAL, CONFERENCE Tuesday,March 3,2020, 10:00 am local time, Region 4 ESC 7145 02113/2020 West Tidwell Road,Houston,'TX 77092. Mid Week 0 times on: PROPOSAL DUE DATE: Mardi 24,2020,BEFORE 2:00 PM CENTRAL TIME. (SA1265244 2/13/20) The Garden Island 0 times on: Hawaii Tribune-Herald 0 times on: West Hawaii Today 0 times on: d Other Publications: 0 times on: \G\ K "", And that afflant is not a party to or in any way interested in the above entitled matter. Q. NOTARY PLJBI 1(3 Gwyn Pang .86-467 Subscribed to an worn before me this '5 day of le-01"a'911 A.D�20 e,�O OF�A PatriciaK cese,Notary ublic offlthe irst Judicial Circuit,State of Hawaii My gom ission expires.Oct 07,2A2 AdL 00012652 4 ICSP.NO.: 613 0000210684 PHASE 3 MARKETING COMMUNICAT Page 1 of 3 Houston Cttrcnlcl CLASSIFIEDS I . MEDIA GPOUP AFFIDAVIT OF PUBLICATION STATE OF TEXAS: Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared, the Newspaper Representative at the HOUSTON CHRONICLE, a daily newspaper published in Harris County, Texas, and generally circulated in the Counties of: HARRIS, TRINITY, WALKER, GRIMES, POLK, SAN JACINTO, WASHINGTON, MONTGOMERY, LIBERTY, AUSTIN, WALLER, CHAMBERS, COLORADO, BRAZORIA, FORT BEND, GALVESTON, WHARTON, JACKSON, and MATAGORDA and that the publication, of which the annexed herein, or attached to, is a true and correct copy, was published to-wit: PHASE 3 MARKETING COMMUNICAT 0000210684 HC085601320 RAN A LEGAL NOTICE SIZE BEING: 2 x10 L Product Date Class Page CNCY-Cypress Creek Mirror(Cypress/Cy-F; Feb 19 2020 Legal Notices CNCH-Cypress Creek Mirror(Champions/KI Feb 19 2020 Legal Notices CNPM-Magnolia Potpourri Feb 19 2020 Legal Notices CNPO-Tomball Potpourri Feb 19 2020 Legal Notices CNCY-Cypress Creek Mirror(Cypress/Cy-Ft Feb 26 2020 Legal Notices CNCH-Cypress Creek Mirror(Champions/KI Feb 26 2020 Legal Notices CNPM-Magnolia Potpourri Feb 26 2020 Legal Notices rn .p 0000210684 PHASE 3 MARKETING COMMUNICAT Page 2 of 3 Houston Chronicle :J CLASSIFIEDS Product Date Class Page CNPO-Tomball Potpourri Feb 26 2020 Legal Notices FEPtESNTATNVE Sworn and subscribed to before me, this 3rd Day of March A.D. 2020MOl �i, C „ �C .' -S r Notary Public in and for the State of Texas rn ct, 0000210684 PHASE 3 MARKETING COMMUNICAT Page 3 of 3 Chronicle�i � fi�tl 9 CLASSIMr os The 911on 4 E'rlueatlon Service Center(ESCI:,Houston,TX is requesting trroposaCs from qualified and experiemeed firms to provide HVAiC Equipment,Installation,Servlee&Related Products (RFP No,20.04). In order to be considered, the Offeror must complete and submit a Proposal to Re on 4 E5'C in accordance with the.solicitation documentation availat9ggrie at w Psc4;net;or www,g_mniapartners,cerm, PRE-PROPOSAL CONFERENCE. Tuesday,March 3,2020,10=am local time,Re�=yion 4 E5C 7145 West Tidwell Road',Houston,TX 7709Z PROPOSAL DUE DATE: March 24,2020,BEFORE 2:00 PM CENTRAL TIME. AFFIDAVIT OF PUBLICATION STATE OF NEVADA) COUNTY OF CLARK) SS: PHASE 3 MARKETING &COMM Account# 170430 SUITE 360 109 WESTPARK DRIVE Ad Number 0001092299 BRENTWOOD TN 37027 Leslie McCormick, being 1st duly sworn, deposes and says: That she is the Legal Clerk for the Las Vegas Review-Journal and the Las Vegas Sun, daily newspapers regularly issued, published and circulated in the City of Las Vegas, County of Clark, State of Nevada, and that the advertisement, a true copy attached for, was continuously published in said Las Vegas Review-Journal and /or Las Vegas Sun in 1 edition(s)of said newspaper issued from 02/13/2020 to 02/13/2020, on the following days: 02113/20 REQUEST FOR PROPOSALS, The Region 4 Education service Center (E§C), Houston TX is requesting proposals from qualified and experienced firms to provide IivAC Epuiprnent,installation, service Related Pro du s 0.2 - ) In order to be considered, the offeror must complete an submit a prop s I t Redion 4 ESC in accor n e with the solicitation documentation available at www.esc4,net or www.omniapartners.com PRE-PROPOSAL CONFERENCE: Tuesday March 3.2020,10:00 am local time, Region 4 ESC 7145 west Tidwell Road, Houston,TX 77092. PROPOSAL DUE DATE, march 24, 2020, BEFORE 2:00 PM CENTRAL TIME. LPUB:Feb.13,2020 _jL�eview-lournZL �LEGAL ADVERTISEMENT R ESENTA'TIVE Subscribed ands orn to before me on this 13th day of February, 2020 Notary NARY A LEE Notary Public,State of Nevada 0609_89 _I Appointment No. 09-8941-1 *My Appt, Expires Dec 15, 202,' 617 PHASE 3 MARKETING AND COMMUNICATIONS 109 WESTPARK DRIVE, SUITE 360 BRENTWOOD,TN 37027 NOTICE - The Region 4 Education Service center (Esc), Houston, TX is request- ing proposals:., from Acct Number 65600 qualified and experi- Ad Number 0000880472 enced firms:to provide in- Insertions 1 HVAC Equipment, in- stallation, Service & Total $17.40 Related Products(RFP No. 20-04). In order to be• considered, the. AFFIDAVIT OF PUBLICATION, offeror must complete and submit a proposal to NEW JERSEY, SUSSEX COUNTY, 55 Region 4 ESC in accord- Jaime Kerr, of full age being duly sworn, did depose and ance with the solicita- tion documentation say that the notice hereto attached was published in THE available at www.esc4. NEW JERSEY HERALD and/or NEW JERSEY SUNDAY HERALD a netor P y c.. newspaper ranted and circulated in said count on: www.omniopartners. om PRE-PROPOSAL CON-''� FERENCE: Tuesday, March 3,2020,10:00 am ADNUMBER Publication Page Date local time,Region ESC 0000880472-01 02/13/2020 71451:West Tidwell Road, Houston,TX 77092. PROPOSAL DUE DATE: March 24,2020, BEFORE 2:00 PM CEN- TRAL TIME. x Feb.13,2020 pf$9.90 0000880472 NJ Subscribed and sworn to me before this date: 02/12/2020 AAA Brittany L Weiss NOTARY PUBLIC Notary: ate: 02/12/2020 State of New Jersey ID#50118581 My Commission Expires December 17,2024 0000880472 CO Advertising Affidavit Account Number 6067881 300 E.Franklin Street Richmond,Virginia 23219 Date (804)649-6208 February 13,2020 OMNIA 109 WESTPARK DRIVE SUITE 360 BRENTWOOD,TN 37027 Date Category Description Ad Size Total Cost 02/22/2020 Propos-Sid Bids-RFP The Region 4 Education Service Center(ESC),Houston,TX is 2 x 0 L 98.20 The Region 4 Ellumbiin$Me Center(ESC),Hou0n,TX is requesting proposals from qualified and e erienced firms to provide HVACEquip" ntent,InstalWoN Serke&Re:W Produch(RFP No,20-04).In order to be considered,the Offeror must complete and submit a proposal to Publisher of the Region 4 ESC in acoordamo with to solicitation documentation avails. bleat www.esc4.net ornkonnnii 4terscom Richmond Times-Dispatch PRE-PROPOSAL CONFERENCE,Tuesday,Much 3,2020,10:00 am local time,Region 4 ESC 7145 West Tidwell Road,Houston,TX N092. This is to certify that the attached The Region 4 Education Se was PROPOSAL DUE DATE: March 24,2621),BEFORE 2:01)PM CENTRAI.TIME, published by the Richmond Times-Dispatch, Inc. in the City of Richmond, State of Virginia, on the following dates: 02/13/2020 The First insertion being given... 02/13/2020 Newspaper reference: 0001061845 Sworn to and subscribed before me this Thursday,February 13,2020 N Notary Public Billing Repne entative NOTARY PUIBLIC State of Virginia cornmonwealth of VIT'girile City of Richmond notary Registration Number 356793 _omrnission Expires,januarY 31,2021 My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU 619 SAN BERNARDINO COUNTY SUN This space for filing stamp only 473 E CARNEGIE DR#200, SAN BERNARDINO,CA 92408 Telephone (909)889-9666 /Fax (909)884-2536 SYDNEY RUBIN PHASE 3 MARKETING &COMMUNICATIONS/NIPA SB #: 3341741 109 WESTPARK DRIVE SUITE 360 The Region 4 Education Service Center (ESC), Houston, TX is BRENTWOOD, TN -37027 requesting proposals from qualified and experienced firms to provide HVAC Equipment, Installation, Service & Related Products (RFP No.20-04). In order to be considered, the Offeror must complete and 4 ESC in PROOF OF PUBLICATION accordance pwithal tothegion solicitation documentation available at www.esc4.net or (2015.5 C.C.P.) www.omniapartners.com PRE-PROPOSAL CONFERENCE: Tuesday, March 3, 2020, 10:00 am State of California ) local time, Region 4 ESC 7145 West County of SAN BERNARDINO )ss Tidwell Road, Houston,TX 77092. PROPOSAL DUE DATE: March 24, 2020, BEFORE 2:00 PM Notice Type: RFP-REQUEST FOR PROPOSALS CENTRAL TIME. 2/13/20 S B S-3341741# Ad Description: RFP No. 20-04 I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years,and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN,a newspaper published in the English language in the city of SAN BERNARDINO,county of SAN BERNARDINO,and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO,State of California,under date 06/27/1952,Case No.73081. That the notice,of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to-wit: 02/13/2020 Executed on:02/13/2020 At Riverside, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature III II II II I II I II I II I II II II II I II II II II II I II I III ((III Email * A 0 0 0 0 0 5 3 5 6 3 2 3 * 620 STATE OF WASHINGTON -- KING COUNTY --ss. 382015 No. PHASE 3 MARKETING&COMM. Affidavit of Publication The undersigned,on oath states that he is an authorized representative of The Daily Journal of Commerce,a daily newspaper,which newspaper is a legal newspaper of general circulation and it is now and has been for more than six months prior to the date of publication hereinafter referred to,published in the English language continuously as a daily newspaper in Seattle,King County,Washington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of this newspaper.The Daily Journal of Commerce was on the 121h day of June, 1941,approved as a legal newspaper by the Superior Court of King County. The notice in the exact form annexed,was published in regular issues of The Daily Journal of Commerce,which was regularly distributed to its subscribers during the below stated period.The annexed notice,a BCSB:20-04 HVAC EQUIPMENT was published on 02/13/20 The amount of the fee charged for the foregoing publication is th s �81.60 y��ti�.Mr�w�l �~ f 96,?�vvf®/iR Subs and sworn to before me on .t� e¢ +� i co v S C. 02/13/2020 ® ®®,y /I �t�rN �`r�+�i® co %S 10 of public r s ' on, tit °( reside m Seattle Affidavit�f 621 State of Washington, King County Region 4 Education Service Center (ESC), Houston, TX HVAC Equipment, Installation, Service & Related Products Proposals Due:March 24 The Region 4 Education Service Center (ESC), Houston, TX is requesting pro- posals from qualified and expe- rienced firms to provide HVAC Equipment, Installation, Service & Related Products (RFP No. 20-04). In order to be considered, the Offeror must complete and submit a proposal to Region 4 ESC in accordance with the solicitation documenta- tion available at www.esc4.net or www.omniapartne,rs.com PRE-PROPOSAL CONFER- ENCE:Tuesday,March 3, 2020, 10:00 am local time,Region 4 ESC 7145 West Tidwell Road,Houston, TX 77092. PROPOSAL DUE DATE: March 24, 2020, BEFORE 2:00 PM CENTRAL TIME. Date of publication in the Seattle Daily Journal of Commerce,February 13,2020. 2/13(382015) 622 CAPITAL CITY PRESS Publisher of THE ADVOCATE PROOF OF PUBLICATION The hereto attached notice was published in THE ADVOCATE,a daily newspaper of general circulation published in Baton Rouge, Louisiana,and the Official Journal of the State of Louisiana,City of Baton Rouge,and Parish of East Baton Rouge or published daily in THE TIMES-PICAYUNE/ THE NEW ORLEANS ADVOCATE,in New Orleans Louisiana,or published daily in THE ACADIANA ADVOCATE in 0211312020 Public Notl R reaentatl a Sworn and subscribed before me by the person whose signature appears above 211912020 M.Monic McChristian, Notary Public ID#88293 State of Louisiana My Commission Expires:Indefinite AnyAl L00111100 PHASE 3 MARKETING&COMM 418353-01 SYDNEY RUBIN 109 WESTPARK DR STE 360 BRENTWOOD,TN 37027 N W PUsuC NOTICE The Re0ion 4 Education Service Center (fsc), Houston, Tat is requesting pro ab from uali}ie anri experiernced firms to tIrrrovide HVAC Equipment, IrastaRatton, Service ,to Re- later!Products(P'FP No,20-. 04). in order to be constd. Bred„ the Offeror must complete and submit a Propose!to Region 4 ESC in accordance with the solid• tabor documentation. avaitabte at or wwwamafa oar PRE-PROPOSAL CONFER» ENCEt Tuesday, March 3, 2020, a0,00 am local time RR�glon 4 ESC 714 Nlasj Ttduvall Road,Houston, Tat 77092. PROPOSAL DUE DATE March 24, 2020, BEFORE 2:00 PM CENTRAL TIME. 418353 deb 13-1t N THE STATE MEDIA CO.,INC. Columbia,South Carolina publisher of abez �f NEWSPAPER •DirrrAL• MAGAZINES •DISECT NAIL AFFIDAVIT OF PUBLICATION Account# Ad Number Identification 580372 0004559262 Request For Proposals The Region 4 Education Service Center(ESC),F Attention: Sydney Rubin State of South Carolina PHASE 3 MARKETING County of Richland PO BOX 680758 MARIETTA, GA 30068 I, Michelle Long, makes oath that the advertisment,was published in The State, a newspaper published Request For in the City of Columbia, State and Proposals County aforesaid, in the issue(s)of The Region 4 Education Service Center(ESC),Houston,TX Is re- questing proposals from qualified and experienced firms to provide HVAC Equipment, Installation, 1 Insertion(s) Service&Related Products(RFP No.20-04). In order to be consid- ered, the Offeror must complete Published On: and submit a proposal to Region 4 ESC inaccordance withthe solicita- February 13,2020 tion documentation available at www„esc4.netor www.omniapartner s.com PRE-PROPOSAL CONFERENCE: Tuesday,March 3,2020,10:00 am local time, Region 4 ESC 7145 West Tidwell Road, Houston, TX no92. PROPOSAL DUE DATE: March 24,2020,BEFORE 2:00 PM CENTRAL TIME. 4559262 don Michelle Long Inside Classified Accounts Representative Subscribed and swom to before me on this 19th day of February in the year of 2020 Amy L.Rob ` s Notary Pubb n South Carolina My Commission Expires: November 27,2022 "Errors-the liability of the publisher on account of errors in or omissions from any advertisement will in no way exceed the amount of the charge for the space occupied by the item in error,and then only for the first incorrect insertion." IV Ul 11MESUNION i esunion.co Albany Times Union News Plaza Box15000 Albany, New York 12212 PHASE 3 MARKETING AND COMM U N ICATIONS%ccount Number: 600120168 109 WESTPARK DRIVE, SUITE 360 Order Number: 0004098402 ATTN: SYDNEY RUBIN Order Invoice Text: OMNIA Partners - RFP BRENTWOOD, TN 37027 T Tomes/ R Bernard /T Duquette / P Sheehan /A Rubel of the city of Albany, being duly sworn, says that he/she is principal Clerk of THE TIMES UNION, a daily newspaper printed in the county of Albany, Town of Colonie, and Published in the County of Albany, Town of Colonie and the city of Albany, aforesaid and that notice of which a printed copy is annexed has been regulary published in the said ALBANY TIMES UNION on the following dates 02-13-2020 Sworn to before me, this day of 20 2� Notary Public Albany County =STATE QUM ATE OF NEW PORK 01QU6396414sselaer Countves August 19.2023 The Region 4 Educa,Con'Se"ce Center E$Cp,Houston,T' Is requea"og proposals tro i gsralatied and e'gerienced firms to ppr'o�kde HhIAC Equlprnanl, Installation, 60'vice E,Related Products�RFP No.20�4}. In ordea to be o"'Id"edI the t0ffaror ttausl oompleCa and saabmil a proposal to Region 4 ESC tin accordance wdllu the solicitation documentation available aI t1 ww.esc4.net or www.omniapartners.com PRE-PROPOSAL CONFERENCE: Tuesday,March 3,2020, 10:00 am local time,Region 4 ESC 7145 West Tidwell Road, Houston,TX 77092. PROPOSAL DUE DATE: March 24,2020,BEFORE 2:00 PM CENTRAL TIME. TU1t4098402 IV 4 MCAf% 'sell Johns �� 1r March 6th 2020 To Whom It May Concern: am a duly authorized representative of MCA Russell Johns Associates LLC, company handling the advertising matters for USA Today, a daily newspaper distributed within the United States. The RFP 20-04 public notice was published within said newspaper in the Public Notice Section of the on the following date(s): 2/13/2020 � . p�n human On this the 6th day of March 2020, 1 attest that the attached documents.are true, exact, complete, and unaltered tearsheets. All Notary Public,State of Florida Gamika Winter sty Comm.Expires Apr,16,2022 State of Florida No,GG 208003 County of Pinellas Rci.,.,eH Jo hi-is 171110 Gi.wn Hvv (D(1es.,'i F v`ick-� 3..;5(3 628 4C III THURSDAY,FEBRUARY 13,2020 III USA TODAY .°p.Wl�"' III.S Johnson energized for final Cup spin Michelle R.Martinelli (\ IUIlI U, '�" 'V� moments and no be caught in the com- mUSATODAY petdrve sidetoo much? pp You recently said you're moving DAYTONA BEACH,Fla.-No matter ilpi 09q way from the"Chasing 8"mentality what happens mthe2020NASCARCup �� ? III' Y m this thral season.Have your goals i �� 7 Series season,Jimmie Johnson will re- for the season changed if your mind- tire as one of racing's greatest drivers set has. r rwith a record tying seven champi- f, Johnson:What 1 diddt recognize is r onships and 83 wins But he's not about 4 �c after we won seven,with the notion of to let up now being astand alonechampionateight,i Johnson announced m November started chasing something then,and, U. that hell retire from full tune Cup rac- indirectly,we had come up with this mg at the end of the 2020 season- „C/i hashtag#ChasingII which opens with Sunday's Daytona Andihad the clarity over the offsea- V 500(2:30 p.m.ET,I-)-although he's d°" n oflike,"holy smokes!I've been out made it clear he's not done competing of character."That's not anything I've and is open to trying out other styles of Jimmie Johnson is optimistic as he approaches his final full-time season in the ver done.I've always just showed up to .a racing. NASCA R Cu p Series.JOHN DAVID MERCER/USA TODAY SPORTS race and have fun.Andthat's where I've ra But forthe next nine months,his to- done my best work.That's where 1've cos is on bouncing back from a recent won seven championships.That's what two-year slump and winning(at least) present and aware of these opportune- now I'm certainly riding a high of eu- I'm going back to. one more Cup Series race,which would ties and let it in,so it's there.There's so phoria. What's Jimmie Johnson doing 10 CL move him into a three-way tie for No.5 much excitement in my heart about it all With all that energy,what's the one years from now? r C�C all time with Darrell Waltrip and Bobby that it's really fun and is bringing energy thing you're most excited about going Johnson:That's a great question.I Z (,� G Allison. to me and the team.I know as the year into this season? don't even know what I'm doing next His first checkered flag since 2017 goeson,it will become more emotional, Johnson: Experiencing this year year.Ten years,kids are 19 and lb.I'll be Dutch would also automatically qualify him but right now it's just bringing a ton of with the people that mean so to fearful ofmygirls dating,fearful ofthem for the playoffs and give him a shot at a energy e.Family,(team owner)Rick(Hen- driving,worrying about which college re u cord-breaking eighth championship. a Is that nervous or positive energy, drick),my crew guys To have this bond they're going to.Dad stuff. USA TODAY Sports spoke with the and how does it compare to how past -the years,the time,the depth of our Would you have any interest in re- en-time champ Wednesday at Day- Daytona 50Us have felt? experience and relationships-the peo- turning to Hendrick in an executive C: tona International Speedway about his Johnson: I haven't been in the ple part of this is what I'm most excited leadership position? 0 final season and the new mindset he's trenches yet racing and worded about for. Johnson:I've not played that role to N embracing. performance, so I havedt had any Whatare you most scared about? date.I'm not against it either,but it's (Note:This interview has been coo- nerves yet.It's all been euphoria uni- Johnson:I think I'm fearful that I'm family,it's home.I still,in the coming W densed and edited for clarity.) m-level stuff of just being happy not going to be present and enjoy the years,want to compete,so I'm not sure Does the start to this season feel and great.So I know once we go racing, moments because I'm going to be so how that really works.But I wouldn't >_ any different knowing its your last especially when we get to(Las)Vegas worded about competition.So I think rule it out.Ilendrick's home,Hendricks full-time run? (Motor Speedway,for the second race that'smybiggest challenge.Ifwegetoff family,so I'd consider it. TJohnson:Pulling in,the flight down, of the season),the reality of the sea- to a quick start and we win,it's going to Do you think you'd be OK if you i U 0 's= mediaday,talking about it a lot-itold n,the reality of performance will be be very easy.But ifwe dolt get offto the didn't win . myself in the offseason I wanted to be there.IT get knocked down,but right start that we want,how do I enjoy these Johnson:I wouldn't have a choice. > N U Q Q U) 0 NASCAR legend Johnson has itch for IndyCar � ,. o Y n/04 /) N Scott Horner wanted m go ing rice rid anallo- co Tla pors smr The 44 44-year old announced in ur USA TODAY necwork vember that 2020 will be his last full- time season as a Cup Series driverSun- Jimmie Johnson to the Indianapolis day at Daytona International Speedway, kY'] Q 500?No way. Johnson posted the fourth fastest y. aY�iY Q Co But as for other IndyCar races speed in Daytona 500 qualifying The seven tune NASCAR Cup Series Johnson Is keen on venturing into CO champion and four time Brickyard 400 other forms of racing winner visited NTT IndyCar Seriestest "For me,this is a learning experience D Z 6 m mg Tuesday in Austin,Texas.He ex- and(IndyCar)has always been a bucket s. pressed interest in tackling road course list category for me to come see these >_ racing. cars,be around these cars,"he said. O "1 m definitely learning," Johnson "(Next year)is open for me and who ' -0C to, media Tuesday."This is atotally knows what opportunity might come G differentwoddthan what i'vebeenused along m IndyCar,sports cars or back to pI' M o,but it's a world l dreamed ofracmg m my off road roots I'm just taking it all in i (D 4) when l was akidgro in up San Die- and see what comes of it." Z go.My heroes were the guys that raced He said he has"closed the door'on C >> in the indy 500.I'd go to the Long Beach oval racing after he's done with the Cup Jimmie Johnson hangs out with driver Robert Wickens during NTT IndyCar G 0 �— Grand Prig:and watch,hang out and Series. Series testing at Circuit of The Americas on Tuesday.JONATHAN FERRADCGETry IMAGES Z () 4) 0 To view more Classified listings, to N 0 MARKETPLACE TODAY visit:vAvGcIcsSifIeds.usatodcy.com QFor advaretsing lnfannat—18003970070 www ruzsdgohne coin/Usat NOTICES • BUSINESS • The Region 4 Education service Center(ESC), Houston.T%Is roquosting proposals trom quellflotl ••••• entl oxporlln ood Thirds to provldo 1 OVERHEADElevatorinv try BLIP FRN,t,Repair,Related Minneapolis Based $4gg0 NINVESTM T. AREYOU BEHIND ONYOUR ■ Protluctand Bervicea tRFP No.20A51. Company Expanding Across EnE MORTGAGEWEENTS? • • n to loo order to HE eon sldorotl,thl Offeror m tiero—PlEto etRirg gA+ GOTA YDIIRHOIISEGOINTO ntl submlte proposal Roglon 4 EEC,, ordanoo Mahon ggB Zqg g FOREGLOSIIREp DOES IT SEEM I whin the soh lnitatlon tlooumontetlon evellebll et vmmtymmmennh e�I.i LIKETHE BANK HAS NO INTEREST w eac4 net orwww Omn'aoar[nera Om lam commissw IN LEIPINSYOU SAVEYOUR WWPRE-PRO POSAL CONFERENCE:c m�nngComvunlon s HOMEANDYOU FEELIIKEYOU '��erynlarce appus HAVE NOWHERE TO TURN' Tuostley,Meroh 9."n B:00 em Iooll tlml. 'a to olredor at THE FORECLOSURE DEFENSE ORoglon4 Esc>14s West Tldwoll Roetl, tCs1982®Sle.emall ' "' ' HE LINE CAN HELP SAVEYOUR N ouston.T%»OB2 9r gfito eemni mpry ins ONE R'S GRRI LT T PROPOSAL DUE DATE: SiU IMMl ormore'+ March24.nn BEFORE 200 EM CENTRAL TIME. WOrdetlabout the Market? YOUCALLUSRIGHT NOWAT'. CALL TODfi:i-0�1�1009 0 600509.1635 NSOuro—FIL a State of NAlnnosote local govornmoU ggoncy 1 I MARKETPLACE Ind sarvloa cooparatva,Is re,u M,g proposlls for w Firefighting Equipment entl Rescue Toole—Relatetl ' coSuppl es entl Ac -r es to result n a eon racing aowton for use a/'th members. =N1, M r l ,Deg t C t t Gl Soumowoll mombors'nclude thousands govornmontll,heh d .K 2 tl s Ave leble"M—dy It at" th Un'ted Statesor Renew' '' oo f Term.A fulloopyof thl Request fir Proposals can bo F q ntly timPYocto NpB thl Sour owlluProc eurom nt Portal m T o6;na g https//proportal ao II-mn gw I IOniy �c der2002o q p "t• PmpO6alare duenoliffier[han iApril 2,2020,at4:a0 p.m nrywi maws en LCen[ml Ti..,entl late proposals will not be consitleretl. znnz y q p a vdlde cedes ".on.opos; Get Out of Your ie s,our or TheRegion4EducationServicecenter(ESC), Timeshare Contract fl0lston.T%Isreq,l g proposll6from q-iflea Permanent) nc Ina e.edannea nrmam proYlal Y �•I 2aa2 r p aeoevenicle Pans NVACEquipment,Installation, _ 800-955.0426 2002o Service&Relatetl Protlucta(RFP No.20-04). r r ; r $top the Payments Intl s(2) In order to bo con'd H,h Off ror must oomph Ito Maintenance Fee Ina subm'ta prop R 9 FSC'n accordance FREE BOOR Guaranteed/NOMore with the sold' tl on evelebll et Aitrect of &b C esc4 ne inn acartnera coin profts w TOOLSafve God's Puzzle Soloed rmeshare Plymeme ��� � ea as rim,p,ao waoaia a,pear Ica WWW ERENCE: NEW TOOLS. gox 119] R ogES F—West T am l-Rrmo. Special lntrotluctory Montgomery TX]]356 SUCCESSFUL ADVERTISE�NfO15fOn.Txngs2. AskahoutanExdgsye sPusslesovetl.com Tuestlay-NiMar h 3 2020 0:00 Idwoll Roaa. Gotl start with USA TODAY Mar ad@mokarDe.mm PROPOSAL Due DATE- 1�LFE Inetilute,LUC 9367882588 Lampe Mzss2aQQe III II March 24.2020.BEFORE—EM CENTRAL TIME. >/�B 50.781.9131 (`b dIXlallOflS eJGY aCGG�IGd 629 2/14/2020: OMNIA Partners and Region 4 ESC website 0, IBM= 1 1)" 01 A I,o i,,,VIP,,I Iprunifr Criii1r,- Current Solicitations Review III J1,11NIA Tarr)— I I-I p1.ocassII— in Affihfic, Phy rfl Editicahair Suriphes-d Nriiri Uniforms Elm: 1=1 a Elevator Industry Ecpipmwit,Repair,Related Pm&icts arid Sfirvices region L11d AD-ly: 111 5",',C I d,,Kda,,P,/q XIP(k of i Mk TM CrN THAI TIM HVAU Ecpipinaif Ilnattailatlrrl,Sr�rvica&Rel'qked p1,,x1tjC'ta Hoofing dridOukdoup Suit—,Sulukrris r,V impiownts Attachrnemr and Related Products for Tractors,Mowers avid R.at.d Equiprrruxnt :311 M 1111111 12 12. ........ M M1=OF Current Solicitations 0 AthMic rlhym.aV Educaliari&jppli— and Team UniNims KI fwir,,jr ndu,;Uy inquipni-L N.pai,,R.1,Ad P-1-1, rd 0 HVAU.GGuiprolank,hiiUaOuLon br,,,,viuu&HI,,,1a[rrd Rioduc,15 region4'L.,d Ag—y: Prd lipII,,tri L11 " MIJIIII 24 XI XI IN 2 111 I'M Mi� 13,1, ......I,, I,I I hP"I' rlao,,ng ar,d Oirtdocw Sunfri GuWflon� Atl-,hnintj.curd HI,IaWd M'I forl v.4ors,M.—I and Re.fir'd Eg"pirne't 630 41,1", 631 Cont„ractor Agreement This CONTRACTOR AGREEMENT ("Agreement"), effective as of November 8, 2023 ("Effective Date"), is made and entered into by and between MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, (hereinafter "Owner" or "County"), and DAIKIN APPLIED AMERICAS INC., a Foreign for Profit Corporation whose authorized to do business in the State of Florida,whose principal address is 13600 Industrial Park Blvd., Minneapolis, MN 55441, but whose address for purposes of this Contractor Agreement is 15712 SW 41St Street, Suite 6, Davie, FL 33331, (hereinafter "Daikin Applied" or "Contractor"). WHEREAS, the County has certain equipment that has outlived its lifespan and it now desires to replace it with four(4) new air handlers at the Monroe County Detention Center at 5501 College Road, (hereinafter "Detention Center") and two (2) new chillers at the Department of Juvenile Justice Building at 5503 College Road, (hereinafter "DJJ Building") with both properties located on Stock Island in Key West, Florida 33040; and WHEREAS, Contractor is in the business of providing equipment, labor and/or material, which may involve subcontracting with a third party ("Subcontractors")to provide labor and material, to perform the scope of work described in Quote No. Q-28985, dated October 5, 2023, for the air handlers and Quote No. Q-27285, dated September 18, 2023, for the chillers, both of which are attached hereto as Exhibits "A" and "B" respectively, and made a part of this Contractor Agreement, ("Work"); and WHEREAS, Contractor has offered to perform the Work for Owner with respect to the properties located at the Detention Center and the DJJ Building in Key West, Florida, (hereinafter "Property"); and WHEREAS, this Contractor Agreement will be utilizing cooperative purchasing and pricing under a competitively bid solicitation by OMNIA Partners, for HVAC Equipment, Installation, Services, & Related Products under Contract No. R2004001 between Region 4 Education Service Center (ESC) and Daikin Applied Americas Inc., effective October 1, 2020, with said initial term having been extended to September 30, 2025, (hereinafter "Daikin Contract No. R2004001" or "Master Agreement"); and WHEREAS, Owner desires to retain Contractor to perform the Work under Daikin Contract No. R2004001 and any additional terms and conditions as set forth within this Contractor Agreement; NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements of the parties, it is agreed as follows: 1. Work. Subject to credit approval, Contractor agrees to furnish all labor, materials, tools, equipment, and samples necessary to complete the Work. Contractor 1 632 acknowledges that in providing such Work, it shall at all times comply with all laws and regulations affecting, Contractor. Owner agrees that Contractor may retain one or more subcontractors ("Subcontractors") to perform the Work through a Subcontract Agreement. 2. Term of Agreement. The term of this Agreement shall be in compliance with the term of the underlying Master Agreement, as amended, unless terminated earlier. Contractor will commence Work on the commencement date ("Commencement Date"). Owner will notify Contractor of the Commencement Date in writing by issuing a Notice to Proceed. The Notice to Proceed shall be issued at least fourteen (14) days before the Commencement Date. Upon substantially completing the Work, Contractor shall present a Certificate of Substantial Completion to Owner. Once commenced, the Contractor shall diligently continue performance until final completion of the Work. 3. Contract Price. For full performance of the Work in conformance with this Agreement, Owner shall pay the Contractor the fixed sum specified in the two Quotes hereto attached in the combined total sum of Nine Hundred Eight Thousand Two Hundred Forty-one and 44/100 (Dollars) ("Contract Price"), subject to adjustment per mutual agreement of the parties should the Scope of Work change. The Contract Price does not include sales tax. 4. Relationship of Parties. Contractor is retained by Owner only for the purpose and to the extent set forth in this Contractor Agreement. Contractor's relationship with Owner shall, during the entire term of this Contractor Agreement, be that of an independent contractor. Contractor, and any employee, agent, servant, officer, director, or shareholder of Contractor, shall not be deemed an agent, servant, or employee of Owner. 5. Compliance with Laws. Contractor and Owner agree that parties shall comply with all federal, state, and local laws and regulations applicable to its activities under this agreement, including without limitation to the hiring, safety, and taxation of its employees, as well as obtaining and maintenance of any applicable licenses and/or permits as required by all laws and regulations applicable to its activities under this Agreement. 6. Insurance. At all times while performing the Work, Contractor shall maintain, at its sole cost and expense, insurance as customary within the industry and as set forth in the underlying Master Agreement. If requested Contractor will present a copy of their certificate of insurance, pursuant to the insurance requirements of the underlying Master Agreement, naming Monroe County Board of County Commissioners, its employees and officials, 1100 Simonton Street, Key West, Florida 33040, as Certificate Holder and as Additional Insured on all policies, except for Workers' Compensation. 7. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida 2 633 Statutes, the participation of the County and Company in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the County be required to contain any provision of waiver. 8. Indemnification, Hold Harmless, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of the Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of the Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) the Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than the Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in Paragraph 6 herein and the Master Agreement. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. 3 634 United States Department of the Treasury Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the United States Department of the Treasury and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the sovereign immunity of the United States or the County. 9. Default. A default occurs under the terms of this Agreement if: (a) Contractor substantially fails to perform any of its material obligations under this Agreement; (b) if Owner becomes insolvent, and/or; (c) if Owner fails to tender payment to Contractor under this Agreement for thirty (30) days after the date such payment is due (together "Event of Default"). Upon the occurrence of an Event of Default, the non-breaching party shall provide written notice to the breaching party ("Notice of Default"). Upon receipt of the Notice of Default, the breaching party shall immediately correct the default. If the breaching party fails to correct the default for thirty (30) days after receipt of the Notice of Default or fails to provide evidence that appropriate corrective action is in reasonable process, the non-breaching party may terminate this Agreement upon written notice ("Notice of Termination"). The parties shall have any legal remedies at their disposition, as allowed by local law. 10.Termination. Absent an uncured Event of Default, this Agreement may only be terminated by the consent of the parties. The termination shall be evidenced by: (a) execution of a single writing; (b) signed by Contractor and Owner; (c) that specifically identifies this Agreement, and (d) states that Owner and Contractor terminate this Agreement as of a specified date ("Termination Agreement"). Prior to execution of the Termination Agreement, Contractor shall present Owner with an Application for Payment for actual Work rendered under this Agreement as of the date the parties intend to execute the Termination Agreement, and Owner shall pay Contractor the amount requested in the Application Payment within ten (10) days of the parties' execution of the Termination Agreement. 11.1LIMITATION OF LIABILITY. NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, DELAY, LIQUIDATED, SPECIAL, OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, REVENUE, PROFITS, GOODWILL, OR OTHER BUSINESS INTERRUPTION DAMAGES, THAT ARISE OUT OF OR RELATED IN ANY WAY TO THEIR PERFORMANCE OR LACK OF PERFORMANCE UNDER THIS AGREEMENT, WHETHER BASED 4 635 ON STATUTE, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER CLAIM OR THEORY OF RECOVERY OR LIABILITY WHATSOEVER, REGARDLESS OF WHETHER THESE DAMAGES COULD HAVE BEEN FORESEEN OR NOT. 12.Warrantyl. All equipment furnished hereunder is provided with the manufacturer's warranty as the exclusive warranty for such equipment. Contractor provides such warranty as a pass-through to Owner. The manufacturer's warranty for equipment manufactured by Daikin Applied and Daikin North America to be provided by Contractor are incorporated herein by this reference. The Contractor agrees to perform Work in a manner which is in accordance with industry standards for the operation, appearance, and public perception established by those engaged in a business similar to that of Contractor. Subcontractor Agreements will contain warranties that Subcontractors will perform the Work in a similar manner. Any warranty is valid for one (1) year from completion of the Work. 13. Asbestos and Hazardous Materials. In the event Contractor encounters asbestos, lead and/or other hazardous materials, Contractor will stop work and notify Owner, and shall have the right to suspend its work at no penalty to Contractor until such products or materials and the resultant hazards are removed. Completion of the work shall be extended to the extent caused by the suspension and the contract price equitably adjusted. Owner shall remediate any asbestos, lead or other hazardous materials at Owner's expense, and shall be responsible for all costs, expenses, damages, fines, penalties, claims and liabilities associated with or incurred in connection with any hazardous materials or substances, upon, beneath, about or inside Owner's equipment or property, shall bear title to, ownership of, and legal responsibility and liability for any and all such hazardous materials or substances, and shall be responsible for the removal, handling and disposal of all hazardous materials and substances in accordance with all applicable Governmental Regulations. Owner shall defend, indemnify, reimburse and hold harmless Contractor and its officers, directors, agents, and employees from and against any and all claims, damages, costs, expenses, liabilities, actions, suits, fines and penalties (including without limitation, attorneys' fees and expenses) suffered or incurred by any such indemnified parties, based upon, arising out of or in any way relating to exposure to, handling of, or disposal of any hazardous materials or substances, in connection with the services performed hereunder. Contractor reserves the right to engage others in a subcontractor status to perform the work hereunder. 14.Confidentiality. Owner agrees to keep confidential and use its best efforts to cause any sales representative and employees to keep confidential all trade secrets, proprietary, and confidential information (hereinafter "Confidential Information") related to Daikin Applied and safeguard all Confidential Information from disclosure or use by any person directly or indirectly under Owner's control. Confidential Information does not include (i) information which is in the public domain other than through a breach of this clause and (ii) information which was 5 636 received by Owner independently of Daikin Applied. Neither expiration nor termination of this Agreement for any reason shall release Owner from the obligations of this Section. 15.Notices. Any information or notices required to be given under this Agreement shall be in writing and shall be delivered either by (a) certified mail, return receipt requested, in which case notice shall be deemed delivered three (3) business days after deposit, postage prepaid, in the U.S. mail; (b) a reputable messenger service or a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) business day after deposit with such messenger or courier; or (c) personal delivery with receipt acknowledged in writing, in which case notice shall be deemed delivered when received. All notices shall be addressed as follow. If to Contractor: Daikin Applied Americas Inc. Attn: Legal Department 13600 Industrial Park Blvd. Plymouth, MN 55340 If to Owner: Monroe County Board of County Commissioners Attn: Facilities Maintenance Department 123 Overseas Highway — Rockland Key Key West, FL 33040 And Monroe County Attorney's Office 1111 12t" Street, Suite 408 Key West, FL 33040 The foregoing addresses may be changed from time to time by notice to the other party in the manner hereinbefore provided. 16.No Waiver. A party's failure or neglect to enforce any provision hereof shall in no way constitutes a waiver of said party's rights under any other provision. W.Severability. If any provision hereof is deemed to be invalid or unenforceable under applicable law, the remaining provisions of this Agreement shall continue to be enforceable. 6 637 18.Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, except conflicts of law which may require the application of another jurisdiction's laws. 19.County Forms. By signing this Agreement, Contractor has sworn or affirmed to the following requirements as set forth in the Public Entity Crime Statement, Ethics Statement, Drug-Free Workplace Statement, and Vendor Certification Regarding Scrutinized Companies List as set forth in more detail in this Agreement. A. Public Entity Crime Statement The Contractor/Consultant certifies and agrees that Contractor/Consultant nor any Affiliate has been placed on the convicted vendor list within the last 36 months. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, Contractor/Consultant or subcontractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, Contractor/Consultant represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Contractor/Consultant further represents that there 7 638 has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor/Consultant has been placed on the convicted vendor list. Contractor/Consultant will promptly notify the County if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. B. Ethics Clause. By signing this Agreement, the Contractor/Consultant warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. C. DRUG-FREE WORKPLACE. Contractor/Consultant in accordance with Florida Statute 287.087 hereby certifies that Contractor/Consultant shall. 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 8 639 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. The person authorized to sign the Agreement certifies that Contractor/Consultant complies fully with the above requirements. D. VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS. Contractor/Consultant agrees and certifies compliance with the following: Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Contractor/Consultant, I hereby certify that the company identified above as "Contractor/Consultant" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Note: The List are available at the following Department of Management Services Site: Ir2t! ,Hww .drrns.rrn loirlida.corrn/ usliirneass o eairatlioins/statea uirclrnaslirn /�eairn ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,p,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,g„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, doer liirnfoirmatlioirn/coirnvlicte:ad sus e:airnd!2d dliscirlimirnatoir corm Ilgjats �eairndor Illists ...............................................................................................................................................................................................................'�................................................. ,,,,,,................................ ........................ E. Non-Collusion Affidavit. Contractor/Consultant by signing this Agreement, according to law on my oath, and under penalty of perjury, depose and say that the person signing on behalf of the firm of Contractor/Consultant, the bidder making the Proposal for the project described in the Scope of Work and that I executed the said proposal with full 9 640 authority to do so; the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. 20.Nondiscrimination. The Contractor and County agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 21. Maintenance of Records. The Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in 10 641 accordance with generally accepted accounting principles consistently applied. Records shall be retained as applicable for 1) a period of five (5) years after all funds have been expended or returned to the Department of the Treasury, whichever is later; or 2) for a period of seven (7) years from the termination of this Agreement or for a period of five (5) years from the submission of the final expenditure report as per 2 CFR §200.33, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. Further, the Contractor is subject to the following: 1) The Contractor shall maintain records and financial documents sufficient to evidence compliance with Sections 602(c) and 603(c) of the Social Security Act, Treasury's regulations implementing that section, and guidance issued by the Department of the Treasury regarding the foregoing. 2) The Department of the Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of the Contractor in order to conduct audits or other investigations. 22.Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); back charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties, or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and contractors' 11 642 representatives. All records shall be kept for ten (10) years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If any auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03 of the Florida Statutes, running from the date the monies were paid to Contractor. The right to audit provisions survive the termination or expiration of this Agreement. 23. Public Records Compliance. The Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and 12 643 exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspector copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE NO. 305-292-3470, BRADLEY-BRIAN(a-)-MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 24.E-Verify System. Beginning January 1, 2021, in accordance with Fla. Stat., Sec. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Fla. Stat., Sec. 448.095. 25.Adiudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and 13 644 confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Section I, Nondiscrimination, or Paragraph 6.D., concerning termination or cancellation. 26.Method of Invoicina. This project will be invoiced upon completion of the work. Invoices shall be sent to the Facilities Maintenance Department, Attention, Chrissy Collins, via email at colllllJ in ::::2.!uir lii y „ii m„ ,Irm,lr ,u„irm„„y,,, lll,g,, who will review the documents and route them to the appropriate County Staff for approval. Upon receiving all required approvals, the invoice(s)will be forwarded to the County Clerk of Courts' office ("Clerk") for payment. The Contractor is to submit to the County invoices with supporting documentation that are acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. The County is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided upon request. Final payment shall be made by the County, as the Owner, to the Contractor when the Contract has been fully performed by the Contractor and the work has been accepted by the County. 27.ADDITIONAL FEDERAL CONTRACT PROVISIONS The Contractor and its subcontractors must follow the provisions, as applicable, as set forth in the underlying Master Agreement and in 2 C.F.R. §200.326 Contract provisions and Appendix II to C.F.R. Part 200, as amended, including but not limited to: A. Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR 4 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities) (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua 14 645 Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. B. Domestic Preference for Procurements as set forth in 2 C.F.R. 20 0.322. The County and Contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section- (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer- based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 28.Other Federal and/or Department of the Treasury Requirements (as applicable) Section 602(b) of the Social Security Act (the Act), as added by Section 9901 of the American Rescue Plan Act (ARPA), Pub. L. No. 117-2 (March 11, 2021)7 authorizes the Department of the Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund (Fiscal Recovery Funds). Monroe County shall not enter into a Contract or make any distributions of funds to Contractor using monies from the Fiscal Recovery Funds absent Contractor's agreement and adherence to each term and condition contained herein. The Contractor and its sub-contractors must follow the provisions set forth herein, as applicable, including but not limited to: A. Americans with Disabilities Act of 1990 (ADA), as amended. The Contractor will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. B. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in 49 C.F.R. Part 26, as 15 646 amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth below), applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin, or sex in award and performance of contracts, entered pursuant to this Agreement. C.F.R. $ 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Contractor,with the funds authorized by this Agreement, seeks to subcontract goods or services then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include- (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (s) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. C. Access to Records. Contractor and its successors, transferees, assignees, and subcontractors acknowledge and agree to comply with 16 647 applicable provisions governing the access to records, accounts, documents, information, facilities and staff by the United States Department of the Treasury. Contractors must: (1) Cooperate with any compliance review or complaint investigation conducted by the Department of the Treasury; (2) Give the Department of the Treasury access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by the Department of the Treasury regulations and other applicable laws or program guidance; and (3) Submit timely, complete, and accurate reports to the appropriate Department of the Treasury officials and maintain appropriate backup documentation to support the reports. D. Executive Compensation. As required by 2 C.F.R. Part 170, Appendix A, the Contractor must report the names and total compensation of its five (5) (5) most highly compensated executives and the names and total compensation of the five most highly compensated executives of its subcontractors for the preceding completed fiscal year if: (a) the total federal funding authorized to date under the award funding this Agreement equals or exceeds $30,000.00 as defined in 2 C.F.R. §170.320-7 (b) the Contractor received 80 percent or more of its gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as provided by 2 C.F.R. §170.320 (and subcontracts); (c)the Contractor received $25,000,000.00 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined in 2 C.F.R. §170.320 (and subcontracts); and (d) the public does not have access to information about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section 6104 of the Internal Revenue Code of 1986. To determine if the public has access to the compensation information, see U.S. Security and Exchange Commission total compensation filings at Irl :// .seac.q y/ ! . ceir /execo.rrn .Irk M. 29. The Contractor shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E- 17 648 Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 30.The Contractor will be bound by the terms and conditions of the Federally Funded State & Local Fiscal Recovery Fund Financial Assistance Agreement between the County and the United States Department of Treasury attached hereto as Exhibit "C" and made a part of this Agreement. 31..The Contractor shall hold the United States and County harmless against all claims of whatever nature arising out of the Contractor's performance of work under this Agreement, to the extent allowed and required by law. 32. Energy Efficiency. If applicable, the Contractor will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. §§6201-6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. 33.Remedial Actions. In the event of the Contractor's noncompliance with Section 602 of the Act, other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of Section 602(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in Section 602(e) of the Act and any additional payments may be subject to withholding as provided in Sections 602(b)(6)(A)(ii)(III) of the Act, as applicable. 34.Hatch Act. The Contractor agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 35.Publications. Any publications produced with funds from the federal award as set forth in Attachment A must display the following language: "This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury." 36.Debts Owed the Federal Government. a. Any funds paid to the Contractor (1) in excess of the amount to which Contractor is finally determined to be authorized to retain under the terms of this award as set forth in Attachment A; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to 18 649 Sections 602(e) and 603(b)(2)(D) of the Act and have not been repaid by Contractor shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by Contractor. A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment, unless other satisfactory arrangements have been made or if the Contractor knowingly or improperly retains funds that are a debt as defined in Paragraph 14(a) of the federal award as set forth in Attachment A. Treasury will take any actions available to it to collect such a debt. 37. Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to the Contractor or third persons for the actions of Contractor or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of services funded under the federal award as set forth in Attachment A or any other losses resulting in any way from the performance of services pursuant to any contract, or subcontract under this award. b. The acceptance of these funds provided by the federal award as set forth in Attachment A by the Contractor does not in any way establish an agency relationship between the United States and the Contractor. 38. Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, the Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management- v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or 19 650 vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. The Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 39. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), the Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for its employees when operating company-owned, rented, or personally owned vehicles and encourage its subcontractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. 40. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), the Contractor should encourage its employees, subrecipients, and subcontractors to adopt and enforce policies that ban text messaging while driving, and the Contractor should establish workplace safety policies to decrease accidents caused by distracted drivers. 41. Miscellaneous. a. Force Majeure. Notwithstanding anything to the contrary contained in the Agreement, Daikin Applied shall have a reasonable opportunity to cure any alleged unmet performance obligations thereunder. Additionally, in the event either party is delayed in its performance due to causes outside its reasonable control, the time for such party's performance will be extended for a period of time reasonably necessary to overcome the delay. b. No Liens. Contractor shall neither suffer nor permit the attachment of any liens upon the Property as a direct result of Contractor's performance of the Work; provided, however, nothing herein shall be construed to limit or abridge Contractor's or Subcontractor's right to assert and enforce a mechanic's lien to the extent of nonpayment hereunder. c. Modifications. No modifications or alterations shall be made to this Agreement unless in writing and agreed upon by the parties. 42.Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Work and supersedes all prior negotiations, representations or agreements relating thereto either written or oral, except to the extent that they are expressly incorporated herein. 20 651 IN WITNESS WHEREOF, the parties have executed this Agreement on the Effective Date, the corporate parties by their officers duly authorized. OWNER: (SEAL) MONROE COUNTY BOARD OF ATTEST: KEVIN MADOK, CLERK COUNTY COMMISSIONERS BY: BY: As Deputy Clerk Mayor/Chairperson Date: Witnesses to Contractor: CONTRACTOR: DAIKIN APPLIED AMERICAS INC. BY: BY: Printed Name: Printed Name: Date: Title: BY: Date: Printed Name: Date: MONROE COUP ATTORNEY''OFFICE PA71101A ALES uAT,E' 21 652 EXHIBIT "A" QUOTE NO. Q-28985 Air Handlers 22 653 Iq cfl O O O O O O O O l0 0 7 O O to So ^ p l0 l0 l0 O l0 l0 N c0 v1 l0 O O O c-I {Y5 Yup p (y7 W n n m O W W 7 M M 0 7 c-I "o W 0 0 7 I p 0 0 0 7 00 U U v1 W O O l0 ti l0 U O O N ' o p n n c-I n c-I o0 O Lr 7 o0 m O 7 l0 cl ^"'" p -I cc a l0 l0 n N a a N m l0 l0 V1 N W a N 00 M o5 d^, N J •--I •--I •--I N J J .--I N 7 c-I J � c-I � "'"'" � LLG W W W W Q Q Q Q z Z ',, Z ',,. Z ',,. Z in vt. 4A VM V� 21 LU 4)0" � � Ow N � O W U y j 2 l0 � .--I M •--I 7 l0 ',,a m j U a O O O O O O 0 0 0 m 0 0 0 � N J o 0 0 0 0 0 o 0 o a o 0 o E U1 00 00 00 00 0 0 0 0 0 o 0 o Q = Q to to to to 0 o Q o 0 o ip m m oo o o p "C Z O O O O O O Z 0 0 0 m oD O ti ti O 2 C 2 — vn O O W N pN pN N OM c-I C O o a E O Q m F " ° ca N o 0 o O O O �o O O N O O 0 0 ti o 0 0 00 o cl o cl J 7 7 V1 M J F O l M J N N N M J Z v) oo c-I 0 0 0 Q U �IIII LL v) N 3 O O O U m v v W C o_ .�- 00 E in O Q Q Q Q m O 7. a U T T v U N a Q _ � N N C N C C, p 2 a 2 2 w a 0 Y c a O N blD _ E z j v v O ° o 0 F N v a_ ` ro a Q 3 m O Q z z 0 U �E � u 3 � � � 2 )E s v 0 0 O a °;n T = Z Z Z E m v N O c O O OLu c vn E Q y ° v C O 1V 1U 1U C C Z Q C Y =O O a+ .N ti v 0 0 0 o hn o D o O c m O s c v c V v c f6 m vn � E hn .. ca oo 'E E N > > c O O o o — O O 00 No v v� Y c a .> .v. E N z z o E =o N o 0 0 0 0 x x x x o o m w o v m y 0 g �, v o Q Q Q Q in a V � a 0 P a z O O c Q o Lcu ii F a L.U. a-;1 4 A VI A lol eil NI MI "^ sit 4 c6 .4 li lol nl �„ sit 4 A .--I N M aa Q � a v)2 m .M �, � ,rk9 O x m m m m z m — v e vv U Z 2 O �wii DAIKIN APPLIED, OMNIA PUBLIC PROJECT VOTE U; OMNIA: P A R T N E R S v MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/O MORGANTI GROUP INC KEY WEST INTERNATIONAL AIRPORT KEY WEST,FL 33040 OMNIA Certified Quote#:R200401-FL-289961 OMNIA Membership ID:4002530 Quote#:Q-28985 Chrissy Collins Building/Budget Administrator. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Quote Document Date:10/05/23 Vicente Ciliberti SSR 954 862 8500 EX 209 754 971 36 53 vicente.ciIiberti@daikinapplied.com Daikin Applied Americas,Inc. 655 5,gg,12lil „ Daikin Applied Americas, Inc. is pleased to offer the following Quote for your consideration.Thank you for selecting Daikin Applied Service Group to care for your building's system. Our service personnel have the knowledge and experience to deliver the best support available. Daikin is pleased to offer this Quote for your consideration. 1. Supply Daikin Two(2)AHU-A1/A2.Air Volume 5650 CFM.CAH013GDAM 2. Supply One(1)AHU-3 CAH013GDAM 5650 CFM. 3. Supply one(1)AHU-A410850 CFM CAH024GDAM. 4. Freight from the Equipment Above from the Factory to the facility is included. 5. Shut down disconnect existing(4)AHUS from existing electrical disconnect boxes. 6. We will disconnect existing AHUS from existing CW piping and ductwork connections. 7. Demo and dispose of existing(4)AHUS. 8. Install(4)AHUs. 9. New AHUS to be set in existing locations. 10. Reconnect new AHUS to existing chill waterlines,insulate CW connections to match existing 11. reconnect new AHUs to existing Supply and Return Ductwork 12. We include forklift/luell to set equipment in place. 13. We will startup and verify proper operation of new AHUS. 14. Project Management. 15. Discount of the engineering will be applicable if the MEP drawings are found and if the city approved this change out without presenting a new set of drawings. 16. Permit Runner. (Not the permit fees from the City) Each of our sub-contractors will be maintaining a consistent project manager who will be represented when appropriate during our project time frame. Staff and resource planning will be maintained throughout the project through our project communications efforts. Turnkey Contracting Quote 2 ©2023 Daikin Applied QUOTE#c:a 2ROR5 ""DAIX 656 0m��m�nno 1. This Quote takes precedence over any other written,verba I,or other statements of scope,schedule,and pricing. 2. Acceptance of a Notice to Proceed is not an acceptance of terms and conditions.Any Notice to Proceed will be based upon the terms and conditions contained in this Quote. 3. All working hours are estimated at regular or straight time rates.Accelerated or expedited project execution schedules and associated costs are subject hz additional quotation. 4. Daikin Applied is not responsible for any delays or cost as a result of delays incurred due to limited or no access to roads, buildings or equipment required to complete the scope of work provided for in this Quote. 5. Sales taxes are not included within our pricing. 8. Costs associated with Owner directed programs or software required to fulfill project reporting,execution,safety management,and or Owner or Owner's Representative invoicing are not covered and will be invoiced in addition to the agreed Quote price. 7. Gignago will not bo provided or installed byDaikinApplied. 8. Staffing of onsite Safety or Security personnel during project execution or after working hours will not be provided and Daikin Applied understands this is the responsibility of the Owner or Owner's Representative. 0. Site drainage,pollution prevention plan and execution,temporary bathrooms,emergency eye-wash stations,barricades, ramps,splash-blocks,fire protection plans and systems required during construction,flagman,access controls features, trash repositories and pick services are not included.Daikin Applied understands the Owner or Owners Representative is responsible for these measures. 10. Daikin Applied understands temporary HVAC,temporary power,work site lighting,and temporary water required to perform the scope of work provided is the Owner or Owner's Representative responsibility. 11. Daikin Applied will only provide supervision for itself and its sub-contractors when we or they are on site. 12. Daikin Applied Material or Labor warranty is excluded on Owner or Owner's Representative provided equipment. Exo/uo�no 1. Any labor,materials,or subcontracted service not specifically provided for in the description or scope of work. 2. Identification and mmodiahonof existing code violations. 3. Authority Having Jurisdiction required changes are not included and will be quoted as additional work scope. 4. Painting,repair work to buildings,and/or equipmentwhich is not specifically identified in the description or scope of work. 5. Costs associated with hazardous materials identification,removal,and/or abatement. 8. Temporary or portable HVAC equipment and connections hz existing systems. 7. The creation of new Building Automation Systems graphics,monitoring,trending,analysis or any other software or labor required for implementation of these items. 8. Testing and balancing. 0. Commissioning plan development and execution. 10. Sound testing or acoustical treatments for any elements inside or external hz the work site orequipment. 11. Seismic analysis and certification for all materials and equipment. 12. Permits,insurance coverages other than indicated in the attached Evidence of Insurance,and performance and payment bonds. 13. Professional services including Architectural,Mechanical,Electrical,Structural and other Engineering Disciplines. 14. Fire,Smoke and/or Security controls,equipment,repair,graphics,programming,replacement or upgrades. Turnkey Contracting Quote 3 @ooz3DaikinApplied QUOTE#O'28O85 �' �������657 � ===���=" III'° III ui ui lii ui ui'. III'°° uim I t s Feel free to contact me if you have any questions or concerns regarding the information contained in this Project Quote. If you would like us to proceed with the solution presented above,sign the acceptance line below (including PO#if applicable)and return a copy so that we can begin to mobilize our efforts to complete services as quickly as possible. We appreciate the opportunity to provide you with this solution and look forward to working with you on this and servicing your needs in the future. Investment Amount and Billinq Terms: Investment required to implement the proposed solution OMNIA [)Al ll Cl lllM/ 0 llW,N I, Ill h u.0 llr31111i c See IT)I CLP I iiirt rau t k Ilh"12 0401 a A Ili T N E R s Propcsal Ls In accordanoe with rimglan 4 ESC contract#R200401 evallobIle via Crn ma.Partners O M.IN.IA PUBLIC CERTfIII.PIED PROPOSAL#': IR20040 1-FL-299962 OMNIA.MEMBERSHIP NAME:Monroe County Bared of County Cammissfon�ens O�MN.IA MEMBERSHIP IE?#;4002530 PROJECT., IMonroe County Sheriff Office Jail-Ahu Replacement. DAIIKIN SALES REP: Vicente,Cilhicertti DATE. 10.5.23 CJIIII fqF,I Iu 1UIPl'�M lI I DESCRIPTION MODEL CITY TOTAL LIST GIVINIIA MOLT, OMNIIA SELL PRICE 1.,AIHLI Al S 24,57000 0.6800 5 16,707.60 2..AIHILI A2 S 24,570.00 0.6800 5 16,707..60 3.AIHILI A3 $ 25,220.00 0.6800 $ 17,149..60 4.AIHILI A4 $ 33,500.00 0.6800 22,780..00 5. $ _ 0.0000 $ - 6. 0.0000 "1"1`rl l �,i DESCRIPTION P'AR'T4 CITY TOTAL LIST G7MNIIIA MOLT. OMNIIA SELL PRICE 11 0.0000 S 21 1 S - 1 0.0000 S 11 1 S 1 0.0000 $ IO III+/IIIALMK DESCRIPTION . IOMNIA LABOR CLASS]FI C.ATIIOIII LABOR RATE/HIIR HRIS OMNIIA SELL PRICE 1..Start Up Technician HIVA.0 Tech CAT 1 $ 183..86 510 $ 112,154..60 2..Project Management Project Managemert: $ 247..09 40 $ 9,983.60 9.1 Hleavy Equipment Operator S 203..15 128 26,DC3.-20 4.Crane Hleavy Equipment Operator :y 203.15 92 $ 6,5,00.30 5 IItAEIP Engimaernng Engineering deegni $ 24709 184 y 45,464.56 6.IProectt Adrmiinistration Project Adlrnniisttnator 5 320.-29 40 $ 12.,811..60 7.IDeiivery lPersonnel I Delivery Penso—f 5 131..79 68 $ 8,961..04 PSI,f I'AA I I IIIA1 f 17t;T DESCRIPTION COST OMNIA MARKUP OMNIIA SELL PRICE 1.]Materials for:Piping,Ins:Wtllal—,Ductwork,'Salvage $ 80,000.00 1.4000 5 112,000..00 2..]Permit Runner S 6,000.00 1.4000 S 8,400..00 3.IRIsk,Ivarrarty 8 Contingency S 13,624.13 1 LCOOQ 13,624..16 NOTES: TOTAL C IIASELL PRIICE. 42111LL08.3&i OMINIIA dlscaunt nmw.Itipliers:and markups are per Eakin Appliied's OMWIIA Public contract number R200401 Additiiomalta nmarKea value .'r III N'V'I rlil 2 ILalsor Ratter are per I Applliied's OMN IA PLiblic contract number R200401 for South Florida PROPOSED SELL P'RIICE. $ 412,000.00 3 Addr IOTIdI dh—nt Cliff nAalll...hie GIMNIA co 1—t prlce,Is offered at discneti—.1 the Sales Rep $412,000.00(Four Hundred Twelve Thousand Dollars and Zero cents) *Price does not include applicable sales tax Quote, inclusive of the pricing, is provided in accordance with Region 4 ESC Contract#R200401,available via OMNIA Partners, including the terms and conditions contained therein (https://public,omniapartners,con/suppliers/daikin applied/contract-documentation#c38611)shall govern this Quote and the corresponding scope of work as described herein which are hereby incorporated by this reference. Pricing and acceptance are subject to Daikin Applied's final credit approval. Billing/Payment Terms*: Billed in full upon completion *All billings are due immediately upon Receipt This Quote will be honored by Daikin Applied for 30 days from the date on the front of the Quote.After 30 days, Daikin Applied reserves the right to evaluate cost changes(both increases and decreases)from the Quote. Tu rn key Contracting Quote 4 ©2023 Daikin Applied QUOTE#c:a 2ROR5 ""D A,F K 658 EXHIBIT "B" QUOTE NO. Q-27285 Chillers 23 659 0 cfl cfl W v 0 0 0 0 N 0 0 W 0 0 N a io W v W v n Lr� W o o o o f3' a Uy N V W vl V V N m N v ,� o N �o a �o o N a 1' tD 1' 1' V T T O 1' O vl w o lTl N OL. a a a v v N v m a m zvwi vwi vwi vwi a uu Z z z z z 2 2 2 2 F O O O O irk ur .n 01. v o 0 0 o o o ij .2 .. = N m V K j V a a � O N o 0 0 0 0 o O o o o o o o m o 0 o o o o o o o o N ` 2 o o o o o o 2 o o o o o o ¢ o 0 o o o o o o o o E o o o o o o o o o o o o 2 o 0 o o 0 o o o o o ¢ ¢ v o 0 0 0 0 ¢ o 0 0 0 0 0 N o v, o 0 0 0 0 0 0 0 Z o p 'C z o o o o o o z o o o o o o = W O W N n N 0 Q N N o o o o o o o o _ N W N Z m O. O O w a w w o N 2 O p a N O G O a z z O G a O m m 3— N O O O o o _ O o� N N N N W o < ,.< O o O O g V p o _ O 3 `o U d O• m L L w G ¢ E P u W Z E E U w ° F 0O r (n o 1 Q o o o w E V a� V �, W W Q 1 V U V V > o> v ¢ m - O x a x x a o o 4 3 Q 3 m - Z z N N a o c o - 0 0 O """' a 'n o E Z Z Z v U o - a_ - a_ a_ o - F E Q a: o in lU V ¢ K O` K 1' 0 = o O _ O o m t Y �, O a• o h V o O O OT F ` 3 0 C OV .118 O O_ o a Q o o a aLL V O N V F D W 12 y U d Y K m 0 Q Q O o o o c w tf x o L" m o ; p > 3 ° a E a K V Y T F a O V a w a p K Ul O O c Q o �W si u d 4Nl Aa1 0,61 4NIAa1 ALot y 4 Ni oil a1 A Lot i:l mi 616I „� ..INi ml a1 it,o1 i:l m1 m1O Z d o W uy rl N M p a = z Q ¢ i � o lilt ¢ Z u Z O w � m O O ��y a �� O DAIKIN APPLIED , OMNIA PUBLIC PROJECT QUOTE F7.................................................................. M, i �lilt iifii �u �f IIIIVii iflu Illliiim� Vi ii OMNIA® P A R T N E R S r MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/O MORGANTI GROUP INC KEY WEST INTERNATIONAL AIRPORT KEY WEST,FL 33040 OMNIA Certified Quote#:R200401-FL-286137 OMNIA Membership ID:4002530 Quote#:Q-27285 Chrissy Collins Building/Budget Administrator. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Quote Document Date:09/18/23 Vicente Ciliberti SSR 954 862 8500 754 971 36 53 vicente.ciliberti@daikinapplied.com Daikin Applied Americas,Inc. 661 Daikin Applied Americas, Inc. is pleased to offer the following Quote for your consideration.Thank you for selecting Daikin Applied Service Group to care for your building's system. Our service personnel have the knowledge and experience to deliver the best support available. Daikin is pleased to offer this Quote for your consideration. Equipment. 1. Provide two(2)AGZ chillers model AGZ076E,Capacity 80 nominal tons.Voltage 460 V/60 Hz/3ph. Lead time 37-38 Weeks. 2. Freight it is included from Miami to the DJJ Building Facility 3. Microchannel Coil with Epoxy Coating. 4. Communication BACnet 4. 5. Entire unit,extended warranty 4 years parts and labor. Five(5)years in total. Mechanical Installation. 1. Shutdown of the old chiller and recover refrigerant per EPA(Environmental Protection Agency)guidelines. 2. Disconnect electrical power wiring and lockout tags. Uninstall the two(2)Air Cooled Chillers Carrier models (30XAB0806R). Include the unit's movement outside the roof in an area previously agreed on the floor. 3. Final Disposal of the two(2)old Carrier units outside the DJJ Facility Center 4. Installation of two(2) Daikin Scroll chiller-80 ton.460V/3/60. 5. This project is being considered to replace one(1)chiller at time.This is to avoid the nuisance of leaving the area with no AC and having to relocate the personnel inside.We are considering that the shut off valves that isolate the chillers are in good condition. In case these valves do not work properly,we will have to drain the building and install these shutoff valves.This would leave the building without A/C for approximately two(2) days. Price to install new shutoff valves in not included in this proposal and would be quoted separately if required. 6. New piping and its insulation,up to a maximum of 7 feet,will be installed to connect the new Daikin chillers to the existing hydronic system. 7. Crane and rigging-chillers will be installed one at a time,so there will be two crane movements.We include the crane and personal.We are considering the crane to be positioned in the parking lot of the building next to the work area.As this Parking lot is inside the facility MOT with the city is not included. 8. Startup of the two(2)chillers by Daikin technicians. 9. Permit runner is included if permits need to be pulled.The Permit cost with the city it is not included in this proposal. Permit charges will be handled separately. Electrical Installation. 1. Remove the existing disconnect switch(3 ph.,480V,250 amp)and all the associated material currently feeding the A/C Chillers units on the roof. 2. Supply and install new disconnect switch. 3. We are considering installing new wire conduit and terminating electrical connections. 4. The panels that feed power to the 480v disconnects on the roof are inside the building and do not need to be replaced. 5. The time to install the new disconnect chiller per unit will take 2 or 3 days for each chiller team after the chillers have been installed. Control Installation. 1. Control Reinstallation by Other. In the walkthrough held on 08/16/23 it was determined that the controls installation will be done by Siemens and will be contacted directly by the customer. 2. The four(4)start up chiller control disconnects are not included in this proposal. Engineerinq 1. This project is considered as a maintenance project.We are not including engineering design, including Mechanical, Electrical, Plumbing. Existing drawings will be used. If a new set of drawings are required for the project,we will have to include the services of an engineering firm with an additional investment value of$ 25,000.This amount is not included in the current proposal. Turnkey Contracting Quote 2 11,2023 Daikin Applied QUOTE#(a 2(2W) / 3AM662 Each of our sub-contractors will be maintaining a consistent project manager who will be represented when appropriate during our project time frame. Staff and resource planning will be maintained throughout the project through our project communications efforts. wi�E ai�0n S .. E l�iS 1. This Quote takes precedence over any other written,verbal,or other statements of scope,schedule,and pricing. 2. Acceptance of a Notice to Proceed is not an acceptance of terms and conditions.Any Notice to Proceed will be based upon the terms and conditions contained in this Quote. 3. All working hours are estimated at regular or straight time rates.Accelerated or expedited project execution schedules and associated costs are subject to additional quotation. 4. Daikin Applied is not responsible for any delays or cost as a result of delays incurred due to limited or no access to roads, buildings or equipment required to complete the scope of work provided for in this Quote. 5. Sales taxes are not included within our pricing. 6. Costs associated with Owner directed programs or software required to fulfill project reporting,execution,safety management,and or Owner or Owner's Representative invoicing are not covered and will be invoiced in addition to the agreed Quote price. 7. Signage will not be provided or installed by Daikin Applied. 8. Staffing of onsite Safety or Security personnel during project execution or after working hours will not be provided and Daikin Applied understands this is the responsibility of the Owner or Owner's Representative. 9. Site drainage,pollution prevention plan and execution,temporary bathrooms,emergency eye-wash stations,barricades, ramps,splash-blocks,fire protection plans and systems required during construction,flagman,access controls features, trash repositories and pick services are not included. Daikin Applied understands the Owner or Owners Representative is responsible for these measures. 10. Daikin Applied understands temporary HVAC,temporary power,work site lighting,and temporary water required to perform the scope of work provided is the Owner or Owner's Representative responsibility. 11. Daikin Applied will only provide supervision for itself and its sub-contractors when we or they are on site. 12. Daikin Applied Material or Labor warranty is excluded on Owner or Owner's Representative provided equipment. 1. Any labor,materials,or subcontracted service not specifically provided for in the description or scope of work. 2. Identification and remediation of existing code violations. 3. Authority Having Jurisdiction required changes are not included and will be quoted as additional work scope. 4. Painting,repair work to buildings,and/or equipment which is not specifically identified in the description or scope of work. 5. Costs associated with hazardous materials identification,removal,and/or abatement. 6. Temporary or portable HVAC equipment and connections to existing systems. 7. The creation of new Building Automation Systems graphics,monitoring,trending,analysis or any other software or labor required for implementation of these items. 8. Testing and balancing. 9. Commissioning plan development and execution. 10. Sound testing or acoustical treatments for any elements inside or external to the work site or equipment. 11. Seismic analysis and certification for all materials and equipment. 12. Permits, insurance coverages other than indicated in the attached Evidence of Insurance,and performance and payment bonds. 13. Professional services including Architectural, Mechanical, Electrical,Structural and other Engineering Disciplines. 14. Fire,Smoke and/or Security controls,equipment,repair,graphics,programming,replacement or upgrades. Turnkey Contracting Quote 3 ©2023 Daikin Applied QUOTE#(a zrzr ti " f ,663 IIIIII III IILIIIIII° ul � III'°° ulmul°its Feel free to contact me if you have any questions or concerns regarding the information contained in this Project Quote. If you would like us to proceed with the solution presented above,sign the acceptance line below (including PO#if applicable)and return a copy so that we can begin to mobilize our efforts to complete services as quickly as possible. We appreciate the opportunity to provide you with this solution and look forward to working with you on this and servicing your needs in the future. Investment Amount and Billinq Terms: Investment required to implement the proposed solution $496,241.44 (Four Hundred Ninety Six Thousand,Two Hundred Forty One dollars and Forty Four cents) *Price does not include applicable sales tax VKA114/ ON TA T IFlubilk Se too owutw(A fi, ll 2010 1 p a R T N E R s Propq Sal is in aggo-rdanoe:.m RR7 Region 4 ESC IPH,act#I'R200401 an doblle voa 0—ia par ,—r, CIMIMIA PlIUK---Ell(PROPOSAL M: R2004011-FI'.-286137 OMNIIA MEMBERSHIP NAME::Morime C—ty 13oard ofComnmosiomers: OMNIIA MEMBERSHIPIID M 4002530 PROJECT: Keay WR'est Jail TK Cbfler Replacement DAWN SALES REP-. bilnoarrrce Cidbarti DATE: 9..18.23 lo'RIII'IMTII jIJIVIV II NI DESCRIPTION IMIODEL OTY 'TOTAL LAST OMNIIA.IMIWILT. OMINIIA SELL PRICE 1..TrailldlaaerAiir Oooled8crcdil Chillees. A132076E 2 $ 171,5S&GO D.4800 $ 164,69S.68 - � CV31 ITRA4J FIlI'd l Ew DESCRIPTION (PART# QTN TOTAL LAST OMNIIA.MWIIT. CMNIIA SELL PRICE 0.0000 0.0000 6. $. 0-0007 e ON I TW T I Al I6I1 DESCRIPTION OMMA LABRk.CLAMIIFICATRON LABOR[RATE/RIR INRCS CMNIIA SELL PRICE 1..Stan Lllp Tedhnicia:n WAC Ciom ercial11.Tech 1. $ 183.86 24_ $ 4,412-64 2..Proj t Manager Prs�ect Managememt $ 247.09 20 $ 4,941.90 3•Mechanical Installation WAC Com cial11.Tech 1. $ 183.86 343 6T,512-4{l 4L imulatiorvs. invulaturs m $' '1216.68 360 _ $ 67,204-80 S..Crame/Riggung (Rea y Madhinerg Operator ;' 203.15 136 $ 27,628.40 6•Proj t EmgHmeering Prsjeck Engmeer 5 228.77 36 $ 9,235.72. R 8..Etial Electtriciai m 5 1925 110, $ 45,954.2Q 35 9 32,944,50PD r Diem 9.1 LeI'iruerg'IPeirsonne:l $ 131.78 46 ;' 6,061.88 IK llll r I AA I l I UN Wr I Y6`ITRl41';, DESCRIPTION C05F OM149A MARIKUP CMNIIA SELL PRICE .Il....Risk,Warranty,and Contiingern,te $ 48,0K,00 1.0000 $ 46,1307-470 2.Subcontractor Materials..-ERectricali,Im,Wat'mn $ 218M,00 1.40W $ 30,527.00 0.0000 0.0000 6.. $ 0-0007 , - $ 0.0000 u s $ 0.0000 $ s. $ 0.0000 u 0.00W s - NOTES: TOTAL OMIMIA.SELL P'RICE:. I.. SRW2,V2X2 OMNLA dis—m-ltipliers and rmra rkulps are per Daikim AIppl ed's L. OMNIA Public eorre—1 number R2'QCWd7'1 Adld tional tto+nmarket vallue j M 01 9810 w 2.Labor Rates are per Daik'm Applied's:OMN...,IA.Piubhc—tract mmr R 11 c South ' F rc 3Addrttiomandiscntcf1afalllabbSe OMINRA carmracrp PROPOSED SELL PRICE; 496,241A4 .fered at discretiorn c,f the 5alles IRelp Turnkey Contracting Quote 4 ©2023 Daikin Applied QUOTE#(a zrzr ti: " ,664 Quote, inclusive of the pricing, is provided in accordance with Region 4EGC Contract#R2OO4O1' available via 0MNIA Partners, including the terms and conditions contained therein shall govern this Quote and the corresponding scope of work as described herein which are hereby incorporated by this reference. Pricing and acceptance are subject k)DaiNOAop|i6d'8 final credit approval. Billing/Payment T$rO0s*: Billed iO full upon completion *All billings are due immediately upon Receipt This Quote will be honored by D8ikiO Applied for 30 days from the date on the front 0fthe Quote.After 30 days, D8ikiO Applied reserves the right tO evaluate cost changes(both increases and decreases)from the Quote. Turnkey Contracting Quote @ooz3DaikinApplied QUOTE#O 27285 665 EXHIBIT " C" CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINANCIAL ASSISTANCE AGREEMENT 24 666 ON]B Appro,,ed No. 1505-0271 Expif ation Date: 11,30,202 1 C(-',)R(-')NAVIRt-.S STATF AND Lt)CAL FISCAL RECOVERY Fl..'\DS Recipient narne and address: DUM Number 07387(5757 Monroe County Board of Commissioners Taxpayer ldeiitificationNuniber, 596000749 1100 Sillronton Street. Room 2�213 Assimance Listing Niunber and'Firlo:21 key'West,florida 33040 Sections 602(b)and 003(b)ofthe Social Security Act(the Act)as added by section 9901 of the American Rescue Plan Act,PUb. 1_- 1 17-2(.1daich 11,2021.)authorizes the Department ofthc Treasury iTicasury)to make payments to certain recipicnts fi-orn the Coronavuris Mate FiscA Recovery Fund and the Coronavirus Local 1"iscal Recovery Fund. Recipients hereby agrees,as a condition to receiving such payment fi-orn Freasurv,agrees to the terms,attached hereto Rocipient� TDigitally signed by Tina Boan ina Boan Data 2022.08.02 09:11:02 -04'00' Authorized Representative Sigflai[LIVC(above) Authorized Representative Naine firm 13oan Authorized Represcirtativc Title: Senior Director Budget&Finaoce Date Slgreed. (.',S Department of"the'I rcasm-y: _7 Aulhorized Signature(aboNre) Authorized Representative'Narne Jacob Leibeffluft Authorized Representative Title: Chief Recoverti,0411cer, Office o(Recovery Programs Date Signed: May 14.,2021 P!',PERWORK REDUCT10\1 ACT NOTICE The int'onvustion kx)VIevtf.d A ill tW Med for the U.S ("wernment to pmcess requests foe suppokt.'Tlw estimated buiden mmiated vIfli this Mlection of nfonnation is 15 minutes pet iespmse.Cortunents ovncerinng the RUCUracy ofthis burden estimHte and m.5ggemiom For l-e du,6ngthis hLij-den S111)Uld N,dirvoted to the Office of Privacy,Tiiimrarvnoy and Rem-&Depm-twerit of the Treasury-1500 PennsyhanigAve,If W,Mashmpton,D C.20220 DO NOT rwd the hmn to this addi,ess."m agency may not conduct 01 SPIAISOI,aild a tru'soit is n,A Tcquired v)ruspondto,n uifless it(,hspkt/s a valid corti-ol nutnber assigncd by O 413, 25 667 U.S.DEPARTMENT OF THE TREASURY CORONAVIRUS STATE FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS 1.Use of Funds. a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with sections 602(c)and 603(c)of the Social Security Act(the Act)and Treasury's regulations implementing that section and guidance. b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional,managerial,and financial capability to ensure proper planning,management,and completion of such project. 2.Period of Performance.The period of performance for this award begins on the date hereof and ends on December 31,2026.As set forth in Treasury's implementing regulations,Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3,2021 and ends on December 31,2024. 3.Reporting_Recipient agrees to comply with any reporting obligations established by Treasury,as it relates to this award. 4.Maintenance of and Access to Records a. Recipient shall maintain records and financial documents sufficient to evidence compliance with sections 602(c)and 603(c),Treasury's regulations implementing those sections,and guidance regarding the eligible uses of funds. b. The Treasury Office of Inspector General and the Government Accountability Office,or their authorized representatives, shall have the right of access to records(electronic and otherwise)of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five(5)years after all funds have been expended or returned to Treasury,whichever is later. 5.Pre-award Costs.Pre-award costs,as defined in 2 C.F.R. §200.458,may not be paid with funding from this award. 6.Administrative Costs.Recipient may use funds provided under this award to cover both direct and indirect costs. 7.Cost Sharing.Cost sharing or matching funds are not required to be provided by Recipient. 8 Conflicts of Interest Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c)and that such conflict of interest policy is applicable to each activity funded under this award.Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity,as appropriate,any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. §200.112. 9.Compliance with Al2plicable Law and Regulations. a. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act,regulations adopted by Treasury pursuant to sections 602(f)and 603(f)of the Act,and guidance issued by Treasury regarding the foregoing.Recipient also agrees to comply with all other applicable federal statutes,regulations,and executive orders,and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include,without limitation,the following: i. Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2 C.F.R.Part 200,other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F—Audit Requirements of the Uniform Guidance, implementing the Single Audit Act,shall apply to this award. ii. Universal Identifier and System for Award Management(SAM),2 C.F.R.Part 25,pursuant to which the award term set forth in Appendix A to 2 C.F.R.Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information,2 C.F.R.Part 170,pursuant to which the award term set forth in Appendix A to 2 C.F.R.Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension(Nonprocurement),2 C.F.R.Part I80,including the requirement to include a term or condition in all lower tier covered transactions(contracts and subcontracts described in 2 C.F.R.Part 180,subpart B)that the award is subject to 2 C.F.R.Part 180 and Treasury's implementing regulation at 31 C.F.R.Part 19. 26 668 v. Recipient Integrity and Performance Matters,pursuant to which the award term set forth in 2 C.F.R.Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug-Free Workplace,31 C.F.R.Part 20. vii. New Restrictions on Lobbying,31 C.F.R.Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(42 U.S.C. §§4601-4655)and implementing regulations. ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award,include,without limitation,the following: i. Title VI of the Civil Rights Act of 1964(42 U.S.C. §§2000d et seq.)and Treasury's implementing regulations at 31 C.F.R.Part 22,which prohibit discrimination on the basis of race,color,or national origin under programs or activities receiving federal financial assistance, ii. The Fair Housing Act,Title VIII of the Civil Rights Act of 1968(42 U.S.C. §§3601 et seq.),which prohibits discrimination in housing on the basis of race,color,religion,national origin,sex,familial status,or disability, iii. Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. §794),which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; iv. The Age Discrimination Act of 1975,as amended(42 U.S.C. §§6101 et seq),and Treasury's implementing regulations at 31 C.F.R.Part 23,which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance,and v. Title II of the Americans with Disabilities Act of 1990,as amended(42 U.S.C. §§12101 et seq.),which prohibits discrimination on the basis of disability under programs,activities,and services provided or made available by state and local governments or instrumentalities or agencies thereto. 10.Remedial Actions.In the event of Recipient's noncompliance with sections 602 and 603 of the Act,other applicable laws, Treasury's implementing regulations,guidance,or any reporting or other program requirements,Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds,if any,or take other available remedies as set forth in 2 C.F.R. §200.339.In the case of a violation of sections 602(c)or 603(c)of the Act regarding the use of funds,previous payments shall be subject to recoupment as provided in sections 602(e)and 603(e)of the Act. 11.Hatch Act.Recipient agrees to comply,as applicable,with requirements of the Hatch Act(5 U.S.C. §§1501-1508 and 7324-7328),which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 12.False Statements.Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal,civil,or administrative sanctions,including fines,imprisonment,civil damages and penalties,debarment from participating in federal awards or contracts,and/or any other remedy available by law. 13.Publications.Any publications produced with funds from this award must display the following language:"This project[is being] [was]supported,in whole or in part,by federal award number[enter project FAIN]awarded to Monroe County Board of Commissioners by the U.S.Department of the Treasury." 14.Debts Owed the Federal Government. a. Any funds paid to Recipient(1)in excess of the amountto which Recipient is finally determined to be authorized to retain under the terms of this award;(2)that are determined by the Treasury Office of Inspector General to have been misused;or (3)that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e)and 603(e)of the Act and have not been repaid by Recipient shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by Recipient.A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment,unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt. 27 669 15.Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death,bodily injury,property damages,or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient. 16.Protections for Whistleblowers. a. In accordance with 41 U.S.C. §4712,Recipient may not discharge,demote,or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below,information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant,a gross waste of federal funds,an abuse of authority relating to a federal contract or grant,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General, iii. The Gov ernmentAccountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency, vi. A court or grand jury;or vii. A management official or other employee of Recipient,contractor,or subcontractor who has the responsibility to investigate,discover,or address misconduct. c. Recipient shall inform its employees in writing of the rights and remedies provided under this section,in the predominant native language of the workforce. 17.Increasing Seat Belt Use in the United States.Pursuant to Executive Order 13043,62 FR 19217(Apr. 18, 1997),Recipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned,rented or personally owned vehicles. 18.Reducing Text Messaging While Driving.Pursuant to Executive Order 13513,74 FR 51225(Oct.6,2009),Recipient should encourage its employees,subrecipients,and contractors to adopt and enforce policies that ban text messaging while driving,and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. 28 670 OMB Approved No. 1505-0271 Expiration Date: 11/30/2021 ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury,the Monroe County Board of Commissioners(hereinafter referred to as"the Recipient")provides the assurances stated herein.The federal financial assistance may include federal grants,loans and contracts to provide assistance to the recipient's beneficiaries,the use or rent of Federal land or property at below market value,Federal training,a loan of Federal personnel,subsidies,and other arrangements with the intention of providing assistance.Federal financial assistance does not encompass contracts of guarantee or insurance,regulated programs,licenses,procurement contracts by the Federal government at market value,or programs that provide direct benefits. This assurance applies to all federal financial assistance from or fiords made available through the Department.of the Treasury, including any assistance that the Recipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to all of the recipient's programs, services and activities,so long as any portion of the recipient's program(s)is federally assisted in the manner proscribed above. 1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,as amended,which prohibits exclusion from participation,denial of the benefits of,or subjection to discrimination under programs and activities receiving federal funds,of any person in the United States on the ground of race,color,or national origin(42 U.S.C. §2000d et seq.),as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166,directives,circulars,policies,memoranda and/or guidance documents. 2. Recipient acknowledges that Executive Order 13166,"Improving Access to Services for Persons with Limited English Proficiency,"seeks to improve access to federally assisted programs and activities for individuals who,because of national origin,have Limited English proficiency(LEP).Recipient understands that denying a person access to its programs, services,and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations.Accordingly,Recipient shall initiate reasonable steps,or comply with the Department of the Treasury's directives,to ensure that LEP persons have meaningful access to its programs,services,and activities.Recipient understands and agrees that meaningful access may entail providing language assistance services,including oral interpretation and written translation where necessary,to ensure effective communication in the Recipient's programs,services,and activities. 3. Recipient agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs,services and activities.As a resource,the Department of the Treasury has published its LEP guidance at 70 FR 6067.For more information on LEP,please visit http://www.len.2ov. 4. Recipient acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient's successors,transferees and assignees for the period in which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub-grantees,contractors,subcontractors,successors, transferees,and assignees to comply with assurances 1-4 above,and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub-grantees, contractors,subcontractors,successors,transferees,and assignees: The sub-grantee, contractor,subcontractor,successor, transferee,and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients offederal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin(42 U.S.C.§2000d et seq.), as implemented by the Department of the Treasury's Title 11 regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract(or agreement). Title VI also includes protection to persons with "Limited English Proficiency"in any program or activity receiving federal financial assistance, 42 U.S.C.§2000d et seq.,as implemented by the Department of the Treasury's Title 11 regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury,this assurance obligates the Recipient,or in the case of a subsequent transfer,the transferee,for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits.If any 29 671 personal property is provided,this assurance obligates the Recipient for the period during which it retains ownership or possession of the property; 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations.Enforcement may include investigation,arbitration,mediation,litigation,and monitoring of any settlement agreements that may result from these actions.That is,the Recipient shall comply with information requests, on-site compliance reviews,and reporting requirements. 8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race,color,or national origin,and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide,upon request,a list of all such reviews or proceedings based on the complaint,pending or completed,including outcome.Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.. 9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VT and efforts to address the non-compliance,including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding.If the Recipient settles a case or matter alleging such discrimination,the Recipient must provide documentation of the settlement.If Recipient has not been the subject of any court or administrative agency finding of discrimination,please so state. 10. If the Recipient makes sub-awards to other agencies or other entities,the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub-recipients. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. Under penalty of perjury,the undersigned official(s)certifies that he/she has read and understood its obligations as herein described,that any information submitted in conjunction with this assurance document is accurate and complete,and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. Recipient Date Tina Boan ��g'Pa����g��a�eu g'�4B.'3 L Signature of Authorized Official: PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S.Government to process requests for support.The estimated burden associated with this collection of information is 15 minutes per response.Comments conceming the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy,Transparency and Records,Department of the Treasury,1500 Pennsylvania Ave.,N.W.,Washington,D.C.20220.DO NOT send the form to this address.An agency may not conduct or sponsor,and a person is not required to respond to,a collection of information unless it displays a valid control number assigned by OMB. 30 672