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HomeMy WebLinkAbout2020-09-08 - AGENDA REPORTS - APPROVE THE USE OF A "PIGGYBACK" CONTR TO PURCHASE (2)O Agenda Item: 6 P CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL:1 DATE: September 8, 2020 SUBJECT: APPROVE THE USE OF A "PIGGYBACK" CONTRACT TO PURCHASE JANITORIAL SUPPLIES FROM WAXIE SANITARY SUPPLY DEPARTMENT: Public Works PRESENTER: Dan March RECOMMENDED ACTION City Council: 1. Approve the "piggyback" purchase of janitorial supplies from Waxie Sanitary Supply using Omnia Partners contract 4202329-01 in an amount not to exceed $62,000; and authorize a contingency of $9,300, for a total amount not to exceed $71,300 annually. 2. Authorize the City Manager or designee to approve the use of the Waxie Sanitary Supply contract through Omnia Partners for one-year with up to four additional one-year renewal options, not to exceed the combined annual base contract and contingency amount of $71,300 annually, plus any adjustments consistent with the appropriate Consumer Price Index. 3. Authorize the City Manager or designee to execute all documents, subject to City Attorney approval. BACKGROUND The City of Santa Clarita (City) has been using Waxie Sanitary Supply (Waxie) since March 2016 to supply janitorial supplies to all City facilities. Waxie provides high -quality products and responsive customer service. Waxie provides a broad supply of products to ensure support of daily maintenance operations, including carpet and hard floor cleaners, restroom cleaning supplies, toilet paper, paper towels, and trash can liners. The anticipated cost for Fiscal Year 2020-21 is $62,000, comparable to the costs incurred this past fiscal year. On July 11, 1995, the City Council approved the use of "piggyback" purchasing, which allows Page 1 Packet Pg. 31 O the City to place orders against a competitively awarded public agency contract. The City is using the cooperative purchasing contract with Omnia Partners, which allows the City to take advantage of an existing process. This contract, which was awarded on June 1, 2020, was competitively solicited through a nationwide bid process and is valid through May 31, 2023, with the option to renew for one additional two-year period through May 31, 2025. After performing a cost analysis and reviewing pricing for comparable janitorial supplies, City staff recommends the approval of the use of the "piggyback" purchase of janitorial supplies from Waxie using Omnia Partners contract 4202329-01, which provides the most competitive pricing and highest quality services to the City, therefore offering the best value. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT Adequate funds for janitorial and sanitary supply costs are available in the following contractual services accounts: 12051-5161.001 (Public Library Facilities), 12401-5161.001 (Transit Maintenance Facility), 12500-5161.001 (Landscape Maintenance District Administration), 14500-5161.001 (General Services Administration), 14501-5161.001 (City Hall Maintenance), 14509-5161.001 (Transit Facilities), and 14511-5161.001 (Canyon Country Community Center Maintenance). ATTACHMENTS Pricing Proposal Contract and Request for Proposal Response (available in the City Clerk's Reading File) Page 2 Packet Pg. 32 WAXIRR90 SANITARY SUPPLY Tom LaVoise Account Consultant 661-753-7740 tiavoisegwaxie.com PRICING PROPOSAL CITY OF SANTA CLARITY Account Number: 107326 WAXIE ITEM # WAXIE ITEM DESCRIPTION U/M CURRENT WAXIE PRICE NEW WAXIE PRICE SAVINGS % OF MON SAVINGS 160208 HSC Health Gards Urinal Screen w/Block Citrus Blue BX $21.54 $16.41 $5,13 24% 160881 WAXIE Time Metered Citrus Air Freshener 6.6oz BX $32.89 $17.91 $14,98 46% 160933 WAXIE Time Metered Lavender Air Freshener CS $22.55 $17.91 $4,64 21% 161710 SmartCell Citrus Burst 60-day Odor Neutralizer Refill CS $59.72 $52.54 $7,18 12% 161727 SmartCell Apple Cinnamon 60-Day Odor Neutralizer Refill CS $68.07 $52.54 $15,53 23% 162057 WAXIE-Green Urinal Screen Mango w/Green Deodorant Block DZ $14.36 $11.26 $3,10 22% 162071 WAXIE Liquid Enzyme Spring Mint GI CS $60.39 $46.40 $13,99 23% 166016 WAXIE-Green Mango Urinal Blocks 12/bx 12bx/cs BX $16.52 $8.15 $8,37 51% 166543 WAXIE Clean & Fresh 30-Day Metered 7oz 6/cs CS $22.55 $17.91 $4,64 21% 170753 Formula 409 Cleaner Degreaser/Disinfectant GIL 4/cs CS $38.70 $37.25 $1,45 4% 380481 Sure -Flo Premium Gold Soap CS $54.70 $54.29 $0,41 1% 381784 9625-04 Purell Instant Hand Sanitizer 2-liter pump bottle CS $70.40 $58.51 $11,89 17% 386208 RM One -Shot Mositurizing Foam Soap 800ml 4/cs CS $52.05 $50.10 $1,95 4% 386308 GOJO ADX Manual Foam Soap Dispenser Black 1250ml 6/cs CS No Charge No Charge 386311 WAXIE Clean Touch Man Citrus Ginger Foam Hand, Hair & Shwrwsh 1200 ml CS $37.82 $36.05 $1,77 5% 386312 WAXIE Clean Touch Manual Botanical Foam Handwash 1250 ml CS $32.17 $23.91 $8,26 26% 386314 WAXIE Clean Touch Manual Foam Soap Dispenser Gray/White 1250 ml EA No Charge No Charge 386410 WAXIE Clean Touch LX Touch Free Clear & Mild Foam Handwash 1200 ml CS $39.78 $35.41 $4,37 11% 386414 WAXIE Clean Touch LX Touch Free Dispenser Black/Black 1200 ml EA No Charge No Charge 388084 White Lanolin Hand Soap CS $17.40 $17.40 $0,00 0% 388113 TC OneShot Lotion Foam Soap 1600 ml CS $72.57 $70.73 $1,84 3% 389996 5161 Gojo Brand Luxury Foam Soap CS $37.09 $36.10 $0,99 3% 530559 Joy Manual Pot & Pan Detergent 8/38oz CS $43.79 $40.79 $3,00 7% 700045 24 x 23 .4 mil Black Liner, 500/cs CS $12.72 $11.15 $1,57 12% 700150 24 x 23 .4 mil Tuff N'Stretch Liner, 1000/cs CS $25.31 $22.18 $3,13 12% 700190 30 x 36 .5 mil Tuff N'Stretch Liner, 500/cs CS $30.15 $26.43 $3,72 12% 703074 33 x 39 1.5 mil Black Max Liner, 150/cs CS $24.95 $23.89 $1,06 4% 703080 36 x 58 2.0 mil Black Max Liner, 100/cs CS $34.65 $34.29 $0,36 1% 703084 40 x 47 1.5 mil Black Max Liner, 100/cs CS $22.86 $22.77 $0,09 0% 703085 40 x 47 2.0 mil Black Max Liner, 100/cs CS $32.35 $30.33 $2,02 6% 704525 30 x 37 10N Coreless Roll Liner CS $21.95 $21.11 $0,84 4% 704615 24 x 24 6C Hi -Density Black Liner CS $17.79 $14.70 $3,09 17% 708105 Kleenline 24 x 24 6 mic Natural Coreless Roll Liner 1000/cs CS $15.05 $13.67 $1,38 9% 820715 Waxed Paper Liners for Wall Unit Wall Unit CS $14.57 $13.49 $1,08 7% 820765 Waxed Kraft Liners for Wall Unit CS $15.86 $14.27 $1,59 10% 850045 2010 Kleenline White Multifold Towel 16/250 CS $17.79 $17.69 $0,10 1% 850232 2001 Clean & Soft White M It-fol d Towel CS $22.12 $21.26 $0,86 4% 850255 01890 Kleenex Multifold Towel CS $22.51 $22.40 $0,11 0% 850450 01500 Kleenex Scott C-Fold Towel CS $30.96 $30.71 $0,25 1% 850560 89460 en Motion White Touchless 10" Roll Towel CS $48.75 $48.51 $0,24 0% 850572 3600 Clean & Soft White Roll Towels CS $48.61 $44.23 $4,38 9% 851166 1965 Clean & Soft White 2-ply Toilet Tissue CS $45.63 $43.59 $2,04 4% 851177 1912 Clean & SoftJRT Jumbo Tissue CS $26.91 $26.06 $0,85 3% 851191 04460-50 Scott 2-ply Bath Tissue CS $41.55 $41.00 $0,55 1% 851200 59209 (58250) Jumbo Jr. 2-roll Tissue Disp Translucent Smoke EA $19.29 $16.95 $2,34 12% 851251 WAXIE Select Premium White 2-Ply Bath Tissue 60/400 CS $33.48 $31.35 $2,13 6% 851255 WAXIE-Green 8600-01 White 2-Ply Bath Tissue 80/500 CS $35.23 $33.87 $1,36 4% 851306 1996 Kleenline White 2-ply Bath Tissue - 96/500 CS $38.27 $33.15 $5,12 13% 851308 1985 Kleenline White 2-ply Jumbo Roll Tissue 12/1000 CS $20.43 $20.37 $0,06 0% 851530 041 WAXIE Seat Cover CS $38.19 $35.60 $2,59 7% 851531 HSC Recycled Half -Fold Toilet Seat Covers 20/cs CS $33.41 $31.92 $1,49 4% 1 851650 107410 Personal Seat Covers CS $48.27 $48.27 $0,00 0% 1 910730 IWAXIE 16oz Emer Clean-up Powder CS $60.67 $35.90 $24,77 41% 5� 3/7/2019 1 of 1 1 Packet Pg. 33 1 sm JANITORIAL AND SANITATION SUPPLIES Executive Summary Lead Agency: City of Tucson, Arizona RFP Issued: October 28, 2019 Response Due Date: December 6, 2020 Awarded to: Network Services Company Solicitation: 202329 Pre -Proposal Date: November 13, 2019 Proposals Received: #3 The city of Tucson, Arizona issued RFP 202329 on October 28, 2019, to establish a national cooperative contract for Janitorial and Sanitation Supplies. The solicitation included cooperative purchasing language in Sections I. Scope of Work, National Contract (RFP, Page 2): (RFP, Page 2) NATIONAL CONTRACT The City of Tucson as the Principal Procurement Agency, defined in Attachment A, 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. The City of Tucson 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 C, or as otherwise agreed to. Attachment A contains additional information about OMNIA Partners and the cooperative purchasing program. Notice of the solicitation was sent to potential offerors, as well as advertised in the following: • City of Tucson, AZ website • OMNIA Partners, Public Sector website • USA Today, nationwide • Arizona Business Gazette, AZ • San Bernardino Sun, CA • Honolulu Star -Advertiser, HI • The Advocate — New Orleans, LA • New Jersey Herald, NJ • Times Union, NY • Daily Journal of Commerce, OR • The State, SC Page 1 of 2 • Houston Community Newspapers, Cy Creek Mirror, TX • Deseret News, UT • Richmond Times, VA • Seattle Daily Journal of Commerce, WA • Helena Independent Record, MT On December 6, 2020 proposals were received from the following offerors: • Central Poly -Bag Corp. • Network Services Company • Ecolab Inc. The proposals were evaluated by an evaluation committee. Using the evaluation criteria established in the RFP, the committee determined that one (1) company demonstrated the ability to provide the products and services outlined in the solicitation while offering competitive pricing to members. • Network Services Company The City of Tucson, Arizona executed agreements with a contract effective date of June 1, 2020 (see Amendment 1). Contracts include: A comprehensive line of quality made janitorial and sanitation supplies to support daily maintenance and operation functions. Categories include but are not limited to: dilution control; green products; industrial paper and dispensers; private label; hard floor care; carpet care; restroom care; waste receptacles, compactors and liners; machines and accessories; institutional and industrial laundry and kitchen; industrial tools & supplies; packaging and shipping; breakroom and food disposable supplies; balance of line/other categories as available by the Supplier. Term: Initial three-year agreement from June 1, 2020 through May 31, 2023 with the option to renew for one (1) additional two-year period through May 31, 2025. Page 2 of 2 Contract #202329-01 Janitorial and Sanitation Supplies, Equipment and Related Services Network Services Comp n Table of Contents 1. Final Negotiations Letter of Concurrence 2. Offer and Acceptance 3. NETWORK SERVICES's Response to RFP# 202329 4. RFP# 202329 5. Attachment A: OMNIA Agreement 6. Attachment B: Excel Price Page 7. Attachment C: HUD Forms 1. Final Negotiations Letter of Concurrence CITY OF March 5, 2020 Sent via email, this day TUCSON BUSINESS SERVICES Daniel Ceko, Treasurer & Corporate Counsel DEPARTMENT Network Services Company 1100 East Woodfield Rd., Suite 200 Schaumberg, IL 60173 Email: dceko(&networicdistribution.com Subject: Request for Proposal No. 202329 — Janitorial and Sanitation Supplies, Equipment, and Related Services Letter of Concurrence Dear Mr. Ceko, This letter serves as concurrence of the negotiations for the above listed solicitation. The following changes have been mutually agreed upon with deletions in strikethrough and insertions in italics. SPECIAL TERMS AND CONDITIONS: 3. TERM AND RENEWAL (as amended by Solicitation Amendment 41): The term of the Contract shall commence upon award and shall remain in effect for a period of three (3) years, unless terminated, cancelled or extended as otherwise provided herein. The parties Geese shall have the right, upon mutual agreement a+ its sole op to renew the Contract for one additional two (2) year period or portion thereof. In the event that the parties exercise such rights, all terms, conditions and provisions of the original Contract shall remain the same and apply during the renewal period with the possible exception of price and minor scope additions and/or deletions. 4. PRICE ADJUSTMENT: The City will review fully documented requests for price adjustment after any Contract has been in effect for one (1) year and for each additional one (1) year anniversary date period thereafter, which will be a factor in the renewal review process. The City will determine whether the requested price adjustment, or an alternate option, is in the best interest of the City. Any price adjustment will be effective upon the effective date of the Contract anniversary date renewal or, in the case of a mid-term adjustment, upon execution of the amendment. Contractor may propose price adjustments BUSINESS SERVICES DEPARTMENT SHARED SERVICES — PROCUREMENT CITY HALL • 255 W. ALAMEDA • P.O. BOX 27210 • TUCSON, AZ 85726-7210 (520) 791-4217 9 FAX (520) 791-4735 9 TTY (520) 791-2639 www.tucsonprocurement.com semi-annually or based on extreme market fluctuations, in addition to requests at time of renewal or Contract anniversary. Extreme market fluctuations are defined as change in the market prices exceeding ten percent (10%) in a single quarter. 5. FOB DESTINATION FREIGHT PREPAID: Prices shall be FOB Destination Freight Prepaid to the delivery location designated. Contractor will provide delivery on a freight free basis to all agency locations that fall within the Contractor's freight free delivery zones per Contractor's `Geomaster ". Should any locations fall outside the freight free delivery zones, Contractor will contact the applicable agency and review service requirements for those locations in a manner acceptable to both the agency and Contractor including a possible freight fee charged to the applicable agency. Freight charges to the no freight charge locations shall not exceed actual freight charges incurred by Contractor. Contractor shall retain title and control of all goods until they are delivered and the Contract of coverage has been completed. All risk of transportation and all related charges (except as otherwise set forth above) shall be the responsibility of the Contractor. All claims for visible or concealed damage shall be filed by the agency to Contractor. The City will assist the Contractor in arranging for inspection. Each individual order placed by an agency must exceed $400 ofproducts; provided, however, if an individual order is placed by an agency for less than or equal to $400, Contractor, in its sole discretion, may charge such agency a $40 fee for a below minimum order. STANDARD TERMS AND CONDITIONS: 5. ASSIGNMENT -DELEGATION: No right or interest in this Contract shall be assigned by the Contractor without prior written permission of the City, and no delegation of any duty of the Contractor shall be made without prior written permission of the City's Director of Procurement. The City shall not unreasonably withhold approval and shall notify the Contractor of the City's position by written notice. Notwithstanding the foregoing, the City hereby acknowledges and agrees that the products and services shall be provided by Contractor through its member -distributors and hereby expressly consents to the provision of the products and services by Contractor through its member -distributors, without further notice or permission being required. 11. CONTRACT: The Contract shall be based upon the Request for Proposal issued by the City and the Offer submitted by the Contractor in response to the Request for Proposal. The offer shall substantially conform to the terms, conditions, specifications and other requirements set forth within the text of the Request for Proposal, except where exceptions have been negotiated. The City reserves the right to clarify any contractual terms with the concurrence of the Contractor; however, any substantial non -conformity in the offer, as determined by the City's Director of Procurement, shall be deemed non -responsive and the offer rejected. The Contract shall contain the entire agreement between the City of Tucson BUSINESS SERVICES DEPARTMENT SHARED SERVICES — PROCUREMENT CITY HALL • 255 W. ALAMEDA • P.O. BOX 27210 • TUCSON, AZ 85726-7210 (520) 791-4217 9 FAX (520) 791-4735 9 TTY (520) 791-2639 www.tucsonprocurement.com and the Contractor relating to this requirement and shall prevail over any and all previous agreements, contracts, proposals, negotiations, purchase orders, or master agreements in any form. 12. DEFAULT IN ON INSTALLMENT TO CONSTITUE TOTAL BREACH: Contractor shall deliver conforming materials in each installment or lot of this Contract and may not substitute nonconforming materials, except as allowed by this Agreement. Delivery of nonconforming materials, or default of any nature, may constitute breach of the Contract. Noncompliance may be deemed a cause for possible Contract termination. 20. INDEMNIFICATION: Contractor agrees to indemnify and hold harmless the City of Tucson and its affiliates, officers, directors, employees, clients and agents from any and all third party claims, damages, liabilities and costs, losses and expenses (including reasonable attorney's fees and disbursements) which the City of Tucson or any of the said persons shall suffer or incur as a result of or attributable to (i) any and all claims, damages, liabilities, costs, losses and expenses (including reasonable attorney's fees and disbursements) arising out of Contractor's breach of its representations, warranties, obligations or covenants set forth in this Agreement or (ii) Contractor's failure to comply with the terms and conditions of this Contract; provided, however, any such indemnification shall exclude any such losses and expenses caused by the act, omission, breach or gross negligence of the City. To the fullest extent permitted by law, Contractor, its successors, assigns and guarantors, shall pay, defend, indemnify and hold harmless City of Tucson, its agents, representatives, officers, directors, officials and employees from and against all allegations, demands, proceedings, suits, actions, claims, including claims of patent or copyright infringement, damages, losses, expenses, including but not limited to, attorney fees, court costs, and the cost of appellate proceedings, and all claim adjusting and handling expense, related to, arising from or out of or resulting from any actions, acts, errors, mistakes or omissions caused in whole or part by Contractor relating to work, services and/or products provided in the performance of this Contract, including but not limited to, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable and any injury or damages claimed by any of Contractor's and Subcontractor's employees. It is agreed that Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. The Contractors agrees to waive all rights of subrogation against the City of Tucson, its agents, representatives, officers, directors, officials, employees and volunteers for losses arising from the work performed by the Contractor for the City of Tucson. Contractor is responsible for compliance with the Patient Protection and Affordable Care Act (ACA), for its employees in accordance with 26 CFR §54. 4980H. Additionally, Contractor is responsible for all applicable IRS reporting requirements related to ACA. If Contractor or any of Contractor's employees is certified to the City as having received a premium tax credit or cost sharing reduction which contributes to or triggers an assessed penalty against the City, BUSINESS SERVICES DEPARTMENT SHARED SERVICES — PROCUREMENT CITY HALL • 255 W. ALAMEDA • P.O. BOX 27210 • TUCSON, AZ 85726-7210 (520) 791-4217 9 FAX (520) 791-4735 9 TTY (520) 791-2639 www.tucsonprocurement.com or Contractor fails to meet reporting requirements pursuant to section 6056 resulting in a penalty to City, Contractor indemnifies City from and shall pay any assessed tax penalty. 22. INSPECTION AND ACCEPTANCE: All material or service is subject to final inspection and acceptance by the City. Material or service failing to conform to the specifications of this Contract shall be held at the Contractor's risk and may be returned to the Contractor within ninety (90) days. If returned, all costs are the responsibility of the Contractor. Noncompliance may be deemed a cause for possible Contract termination. 30. PAYMENT: The City will issue a Purchase Order and provide a credit card for payment at the time of ordering. Unless payment is made by credit card at the time of order or point of sale, a separate invoice shall be issued for each shipment of material or service performed, and no payment shall be issued prior to receipt of material or service and correct invoice. The invoice shall not be dated prior to the receipt ofgoods or completion ofservices. The City shall make every effort to process payment for the purchase of materials or services within twenty-one (21) calendar days after receipt of materials or services and correct invoice. The Contractor's payment shall apply to all purchases and to all payment methods. All amounts owed by the City are to be received by Contractor within thirty (30) days from invoice date. 31. PROTECTION OF GOVERNMENT PROPERTY: The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation (such as trees, shrubs, and grass) on City property. If the Contractor fails to do so and damages such property, the Contractor shall replace or repair the damage at no expense to the City, as determined and approved by the City's Director of Procurement. If the Contractor fails or refuses to make such repair or replacement, the City will determine the reasonable and actual cost and the Contractor shall be liable for the cost thereof, which may be deducted from the Contract price. 39. SUBCONTRACTS: No subcontract shall be entered into by the Contractor with any other party to furnish any of the material/service specified herein without the advance written approval of the City's Director of Procurement. All subcontracts shall comply with Federal and State laws and regulations which are applicable to the services covered by the subcontract and shall include all the terms and conditions set forth herein which shall apply with equal force to the subcontract, as if the subcontractor were the Contractor referred to herein. The Contractor is responsible for contract performance whether or not subcontractors are used. Notwithstanding the foregoing, the City hereby acknowledges and agrees that the products and services shall be provided by Contractor through its member -distributors and hereby expressly consents to the provision of the products and service by Contractor through its member -distributors, without further notice or approval being required. 41. TERMINATION OF CONTRACT: This Contract may be terminated at any time by mutual written consent, or by the City, with or without cause, upon giving thirty (30) days written notice. The City, at its convenience, by written notice, may terminate this Contract, in BUSINESS SERVICES DEPARTMENT SHARED SERVICES — PROCUREMENT CITY HALL • 255 W. ALAMEDA • P.O. BOX 27210 • TUCSON, AZ 85726-7210 (520) 791-4217 9 FAX (520) 791-4735 9 TTY (520) 791-2639 www.tucsonprocurement.com whole or in part. If this Contract is terminated, the City shall be liable only for payment under the payment provisions of this Contract for services rendered and accepted material received by the City before the effective date of termination. The City reserves the right to terminate the whole or any part of this Contract due to the failure of the Contractor to carry out any term or condition of the Contract. The City will issue a written ten (10) day notice of default to the Contractor for acting or failing to act as specified in any of the following: In the opinion of the City, the Contractor provides personnel that do not meet the requirements of the Contract; In the opinion of the City, the Contractor fails to perform adequately the stipulations, conditions or services/specifications required in this Contract; In the opinion of the City, the Contractor attempts to impose personnel, materials, products or workmanship of an unacceptable quality; The Contractor fails to furnish the required service and/or product within the time stipulated in the Contract; In the opinion of the City, the Contractor fails to make progress in the performance of the requirements of the Contract; The Contractor gives the City a positive indication that the Contractor will not or cannot perform to the requirements of the Contract. Contractor reserves the right to terminate the whole or any part of this Contract due to the failure of the City to carry out any term or condition of the Contract, if such failure is not cured within ten (10) days ofthe notice to default. Contractor will issue a written ten (10) day notice of default to the City for acting or failing to act in accordance with the terms ro conditions of the Contract. Each payment obligation of the City created by this Contract is conditioned upon the availability of City, State and Federal funds that are appropriated or allocated for the payment of such an obligation. If funds are not allocated by the City and available for the continued purchase of the services and/or materials provided under this Contract, this Contract may be terminated by the City at the end of the period for which funds are available. The City will endeavor to notify the Contractor in the event that continued service will or may be affected by non -appropriation. No penalty shall accrue to the City in the event this provision is exercised, and the City shall not be obligated or liable for any future payments due or for any damages as a result of termination under this paragraph. BUSINESS SERVICES DEPARTMENT SHARED SERVICES — PROCUREMENT CITY HALL • 255 W. ALAMEDA • P.O. BOX 27210 • TUCSON, AZ 85726-7210 (520) 791-4217 9 FAX (520) 791-4735 9 TTY (520) 791-2639 www.tucsonprocurement.com 43. WARRANTIES . ALL PROD UCTS PROVIDED TO THE CITY UNDER THIS CONTRACT BY CONTRACOTR ARE PROVIDED "AS IS", AND CONTRACTOR MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING ANY PROD UCTS. NOTWITHSTANDING THE FOREGOING, CONTRATOR SHALL PASS THROUGH TO THE CITY ALL WARRANTIES AND INDEMNIFICATIONS, IF ANY (IF AND TO THE EXTENT CONTRACTOR REMAINS PROTECTED THEREUNDER), THAT CONTRATOR RECEIVES FROM THE MANUFACTURERS OF THE PROD UCT Please sign and return the letter to my attention. If you should have any questions, please contact me at (520) 837-6685 or Andrew.Klos(&- tucsonaz.zov. Sincerely, Andrew Klos, MBA Senior Contract Officer m111i1— by Sao ,I C— Daniel Ceko ° °�-1C N—.1kS-1 eSC.m Y March 6, 2020 ma-a�eko@ wo,ka,r,b to rom �-°_ Concurrence: Date =°200.162338 060° Date: Daniel Ceko, Treasurer & Corporate Counsel Name/Title: BUSINESS SERVICES DEPARTMENT SHARED SERVICES — PROCUREMENT CITY HALL • 255 W. ALAMEDA • P.O. BOX 27210 • TUCSON, AZ 85726-7210 (520) 791-4217 9 FAX (520) 791-4735 9 TTY (520) 791-2639 www.tucsonprocurement.com 2. OFFERAND ACCEPTANCE OFFER AND ACCEPTANCE OFFER TO THE CITY OF TUCSON: The Undersigned hereby offers and shall furnish the material or service in compliance with all terms, scope of work, conditions, specifications, and amendments in the Request for Proposal which is incorporated by reference as if fully set forth herein. For clarification of this offer, contact: Network Services Comoanv Company 1100 E. Woodfield Road, Suite 200 Address Schaumburg IL 60173 City State Zip r Signature or Person Authorized to Sign Daniel Ceko Printed Name Treasurer and Corporate Counsel Title ACCEPTANCE OF OFFER Name: Daniel Ceko Phone: 224.361.2278 Fax: 224.361.4200 E-Mail: dcekoft-networkdistdbution.com The Offer is hereby accepted. The Contractor is now bound to sell the materials or services specified in the Contract. This Contract shall be referred to as Contract No. 202329 CITY OF TUCSON, a municipal corporation Approved as to form: This CMy 2020 L(WV As Tucson City Attorney and not personally Awarded: This _ day of q 2020 As Director of Business Services and not personally 3. NETWORK SERVICES"s Response to RFP# 202329 NEIWORK SERVICF,"S RESPONSE m cnry OF TUCSON REQUEST FOR PROPOSAL PROPOSM REQUESTNUMBER: 202329 'rABI E OF CONIENTS COPY OF CITY OF "I'LASON REQUESI FOR PROPOSAL, AS RECEIVED COPY OF ATTA04MENT A OMMA S01,10TATION COPY OF ATTACHMENT B, NATIONAL CORE us"r AT-MCFWENT C HUD FORMS AMENDMEu'r 1 RESPONSE TO A''IFTACHMEN'T A - EXI-11BIT A 5L)PPORT DOCUMENTA110N FOR EXHIBIT A, RESPUNSET10 PROPOSAL REQUES'l' SUPPORT DOCIUMEN'TA110N FOR PROPOSAL RESPONSE AMENDMENT 1, SIGNED COPUES OF VAWOUS EXIII BII'S MCLUDING IEXHIBIT B, EXHIBIT C, EXHIBIT D, E)(WBIl'"E, EXHIBIT F, EXHIBIT G, EXHMIT H COPIES OF REQ.)IRED DOCUMENTS, INCLUDING DOCUMENE 1, DOCUMENT 2, W.")CUMENT 3, DOCUMEN'T 41,, DOCUMENT 5, DOCUMEN-r (), AND DOCUMENT 7 OFFER AND ACCEi"TANCEI FORM, SIGNED ATTACHMEN 1"B, NA110NAL CORE UST WAMEe7 SANITARY SUPPLY The Moat Tmatad Name In Clean. Since 1945. Mr. Andrew Klos, Department of Procurement 255 Alameda, 6" Floor Tucson, AZ 85701 RE: City of Tucson RFP# 202329 Dear Andrew, Network Services Company (NETWORK) and WAXIE Sanitary Supply (WAXIE) are pleased to jointly submit our response to the City of Tucson RFP for Janitorial and Sanitation Supplies, Equipment, and Related Services, number 202329. As you know, NETWORK has provided a national supply chain solution to OMNIA and The City of Tucson for almost ten years. WAXIE has provided exceptional service to The City of Tucson and other OMNIA PPA's within their geography, under the existing agreement as well. NETWORK and WAXIE appreciate the opportunity to be included in this RFP and hope you'll find complete answers and support materials to all questions within. Should you have any questions, please feel free to contact Frank Barretta at 201.310.4708 or rr �W ptw air i tr l; a 1s .clam. Best Regards, f-afZ Basreera Frank Barretta Corporate Account Director Network Services Company CITY OF TUCSON REQUEST FOR PROPOSAL REQUEST FOR PROPOSAL NUMBER: PROPOSAL DUE DATE: PROPOSAL SUBMITTAL LOCATION: MATERIAL OR SERVICE PRE -PROPOSAL CONFERENCE DATE: TIME: 202329 DECEMBER 6, 2019, AT 2:00 P.M. LOCAL AZ TIME Department of Procurement 255 W. Alameda, Wh Floor, Tucson, AZ 85701 JANITORIAL AND SANITATION SUPPLIES, EQUIPMENT, AND RELATED SERVICES NOVEMBER 13, 2019 10:00 AM Local Arizona Time LOCATION: Room 113B, Building 1, Thomas O. Price Service Center, 4004 S Park Ave, Tucson, AZ 85726 Conference Bridge #: (832) 856-4663 Conference ID: 375588985 CONTRACT OFFICER: ANDREW KLOS, MBA TELEPHONE NUMBER: (520) 837-6685 Andrew.Klos@tuesonaz.gov A copy of this solicitation and possible future amendments may be obtained from our Internet site at: t/dw.twaaar'rGr'at.raa by selecting the Bid Opportunities link and the associated solicitation number. The City does not mail out Notices of available solicitations via the U.S. Postal Service. Email notifications are sent to those interested offerors who are registered with us and who have selected email as their preferred delivery method. To register, please visit ww vwr tw cs,c. rgt roc regIgE t�t� r ,, click on Vendors, then click on Vendor Registration. To update an existing record, click on Vendors, click on What's New?, and read the section titled "Notice of Solicitations." You may also call (520) 791-4217 if you have questions. Competitive sealed proposals for the specked material or service shall be received by the Department of Procurement, 255 W. Alameda, 6th Floor, Tucson, Arizona 85701, until the date and time cited. Proposals must be in the actual possession of the Department of Procurement at the location indicated, on or prior to the exact date and time indicated above. Late proposals shall not be considered. The prevailing clock shall be the City Department of Procurement clock. Proposals must be submitted in a sealed envelope. The Request for Proposal number and the offeror's name and address should be clearly indicated on the outside of the envelope. All proposals must be completed in ink or typewritten. Questions must be addressed to the Contract Officer listed above. ****ALERT*`*` All visitors to City Hall are now required to show picture identification when going through the security checkpoint in the main lobby. Visitors should plan accordingly. ak PUBLISH DATE: OCTOBER 28, 2019 Revised 1 /2018 CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO.202329 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PAGE 2 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 INTRODUCTION The City of Tucson (the "City") is requesting proposals from qualified and experienced firms to provide JANITORIAL AND SANITATION SUPPLIES. The City of Tucson requires a Contractor who provides a diverse and extensive supply of janitorial and sanitation supplies for delivery to various City locations in the Tucson metropolitan area and Participating Public Agencies, as well as a representative(s) to provide onsite product and service consultations, demonstrations, job/task cleaning direction and training. The City seeks a Contractor that can provide a broad supply of products and services to ensure the support of daily maintenance operations. The Contractor will have a sophisticated infrastructure including strategically located, nationwide distribution centers and employ professional sales representatives to provide effective, timely service to the City of Tucson and to Participating Public Agencies. Requirements and qualifications are defined in detail in the Scope of Services Section of this Request for Proposal (RFP). NATIONAL CONTRACT The City of Tucson as the Principal Procurement Agency, defined in Attachment A, 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. The City of Tucson 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 C, or as otherwise agreed to. Attachment A 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, nigher education, K-12 education and non -profits. OMNIA Partners provides shared services and supply chain optimization to government, education and the private sector. With corporate, pricing and sales commitments from the Offerors OMNIA Partners provides marketing and administrative support for the Contractor that directly promotes the Contractor'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 Contractor benefits from a contract that generally allows Participating Public Agencies to directly purchase goods and services without the Contractor's need to respond to additional competitive CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO.202329 PAGE 3 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-66851 FAX: (520) 791-4735 solicitations. As such, the Contractor must be able to accommodate a nationwide demand for services and to fulfill obligations as a nationwide Contractor and respond to the OMNIA Partners documents (Attachment A). The City of Tucson anticipates spending approximately $2 million over the full potential Master Agreement term for Janitorial and Sanitation Supplies, Equipment and Related Services. While no minimum volume is guaranteed to the Contractor, the estimated annual volume of Janitorial and Sanitation Supplies, Equipment and Related Services purchased under the Master Agreement through OMNIA Partners is approximately $110 million annual aggregate volume. This projection is based on the current annual volumes among the City of Tucson, 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 Supplier and OMNIA Partners. SCOPE OF WORK A. GENERAL REQUIREMENTS 1. QUALIFIED FIRMS: Offerors should meet the following minimum qualifications: a. Have a strong national presence in the janitorial and sanitation supply industry. b. Have a distribution model capable of delivering products nationwide. c. Have a demonstrated sales presence. d. Have the ability to meet the minimum requirements of the cooperative purchasing program detailed herein. e. Have a full range of products, supplies, and services to meet the demands of the City and Participating Public Agencies. 2. DEFECTIVE PRODUCT: All defective products shall be replaced and exchanged by the Contractor. The cost of transportation, unpacking, inspection, re -packing, re -shipping or other like expenses shall be paid by the Contractor. All replacement products must be received by the City within seven (7) days of initial notification. 3. EQUIPMENT AND PRODUCT RECALL NOTICES: In the event of any recall notice, technical service bulletin, or other important notification affecting equipment or product purchased from this Contract, a notice shall be sent to the Contract Representative. It shall be the responsibility of the Contractors to assure that all recall notices are sent directly to the agencies Contract Representative. 4. WAREHOUSING, DISTRIBUTION AND SALES FACILITIES: The product specified in this solicitation is dependent upon an extensive manufacturer -to -customer supply chain distribution system. In order to be considered for award, each potential contractor is required to provide proof of an extensive distribution system. 5. DELIVERY: For City of Tucson purchases, janitorial and sanitation supplies shall be delivered to various City of Tucson locations. All deliveries shall be made Monday through Friday from 8:00 a.m. to 3:00 p.m., Arizona Standard Time, for warehouse locations and as agreed to for other non -warehouse locations. 6. CATALOGS: Within 10 days after Contract award and after request from City staff, Contractor must submit complete price lists and catalogs of their product line in hard copy and on CD. Upon request from a Participating Public Agency, Contractor shall provide, at no cost, these catalogs and price lists. Contractor shall also provide two accessible public CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO.202329 PAGE 4 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-66851 FAX: (520) 7914735 websites, one for the City of Tucson and one for OMNIA Partners, which contain an interactive web catalog, price list and ordering system. B. PRODUCT REQUIREMENTS: 1. PRODUCTS: A complete and comprehensive line of quality made janitorial and sanitation supplies to support the daily maintenance and operation functions of the agency. The categories include but are not limited to the following; a. Dilution Control - Dilution control chemicals and delivery systems ranging from hand- held to wall- mounted systems. b. Green Products — Products and supplies that meet industry recognized certified green standards from independent third -party certifications like ecovadis, EcoLogo and Green Seal. c. Industrial Paper and Dispensers— Includes sanitary paper towels, toilet tissue, wipers, and proprietary and universal product dispensers. d. Private Label — Private branded products, supplies and equipment. e. Hard Floor Care — Products and supplies to care for flooring including wood, stone, concrete and resilient flooring. Products include cleaners, strippers, finishes, sealers, restorers, sweeps, absorbents, mats, pads, doodlebugs, bonnets, brooms, brushes, handles, buckets, wringers, dust pans, mops and squeegees. f. Carpet Care — Products and supplies such as pre -sprays, shampoo, spotters, cleaners, post treatments for carpet and upholstery. g. Restroom Care — Products and supplies including cleaners, brushes, deodorants, proprietary and universal dispensers, sanitizers, disinfectants, skin care and feminine products. h. Waste Receptacles, Compactors and Liners — Products and supplies for the collection and disposal of waste. i. Machines and Accessories — Janitorial equipment such as auto scrubbers, floor machines, burnishers, extractors, vacuums, dryers, sweepers, steam cleaners and associated supplies and accessories. j. Institutional and Industrial Laundry and Kitchen — Products and supplies specific to laundry and kitchen care, including disposable food service items. k. Industrial Tools & Supplies — Tools, supplies and accessories to support cleaning activities including janitor carts, dusters, window cleaners, brushes, spray bottles, squeegees and gloves. I. Packaging and Shipping — Products and supplies specific to packing and shipping requirements including boxes, bubble wrap, tape, labels, etc. m. Break Room and Food Disposable Supplies — Including cups, plates, eating utensils, coffee supplies, etc. CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO.202329 255 W. ALAMEDA, 6TN FLOOR, TUCSON, AZ 85701 PAGE 5 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-66851 FAX: (520) 7914735 n. Balance of line/Other Categories -- Each offeror awarded an item under this solicitation may offer their complete product and service offeringla balance of line for janitorial and sanitation supplies and related material. Pricing for complete product offering/balance of line items will be determined by a percentage discount off the offeror's retail price list. The pricing percentage discount offered must be entered on the Price Page in the Complete Product Offering/Balance of Line section/in the offeror's response to the Price Proposal section of the Proposal Evaluation Requirements. The City reserves the right to accept or reject any or all balance of line items offered. A successful offeror will not be awarded complete product offering/balance of line items that are awarded as an item to another vendor as part of this solicitation. 2. CURRENT PRODUCTS: All products being offered in response to this solicitation shall be in current and ongoing production; shall be formally announced for general marketing purposes; shall be a model or type currently functioning in a user (paying customer) environment and capable of meeting or exceeding all specifications and requirements set forth in this solicitation. 3. PRICING: Offerors are to provide a discount from a verifiable price index, provide a reduced net pricing schedule, a wholesale plus negotiated fixed margin, a hybrid or other supplier specific pricing. Contractor must fully describe and disclose details of proposed pricing method including audit verification method. Prices/discounts shall remain firm and will include all charges that may be incurred in fulfilling requirement(s) for the twelve-month period following contract award. Where applicable, pricing shall be determined by applying Offerors discounts to the prices listed on their manufacturer's price lists, retail price sheets, catalogs or by utilizing the reduced net pricing schedule. Special Offers/Promotions: In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, Contractor may conduct sales promotions involving price reductions for a specified lesser period. Contractor may offer Participating Public Agencies competitive pricing which is lower than the not -to -exceed price set forth herein at any time during the Contract term and such lower pricing shall not be applied as a global price reduction under the Contract. Provide details of and propose additional discounts for volume orders, special manufacturer's offers, minimum order quantity, free goods program, total annual spend, etc. C. SERVICE REQUIREMENTS: 1. SERVICES: The City is interested in evaluating the following categories of value -add services for inclusion in this Contract. The categories include but are not limited to the following. a. Small Business Program: The ability to incorporate small business enterprises into your distribution, sales, services and product offerings. The program should focus on increasing opportunities for small local businesses for the City of Tucson as well as for any other agency using this contract. At a minimum, it should establish how business will be directed to small local businesses, establish any unique product or service offerings and develop small businesses as second -tier suppliers. b. Consulting Services: Examples include inventory solutions, emergency preparedness programs, sustainability program, eCommerce and safety services. CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO.202329 PAGE 6 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 7914735 c. Training & Education: The ability to provide on -site and/or online training and educational programs/seminars as well as providing technical product knowledge and support. d. Software Punch Out: The capability of your electronic ordering system to interface with an agency's inventory software system. e. Green/Sustainability Program: I. Policies: Efforts and policies pertaining to green and sustainability. ii. Products: Impact on product offerings. iii. Distribution: Impact on distribution process. iv. Certifications: The industry recognized certifications and standards obtained and those represented through its catalog of products. f. Repair Services: The ability to provide repair services of janitorial equipment through authorized manufacturer's facilities or other avenues. g. Customer Support Services: The policies on replacements, returns, restocking charges, after hours service, after sales support, out of stock, order tracing, technical feedback, quality assurance for orders and drop shipments. h. Sourcing: Capability of sourcing products L from non -catalog suppliers and ii. from line card extensions of catalog suppliers. L Other Services/Programs: Other value -add services not included in above categories, such as installation of chemical and paper product dispensing units. CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO.202329 PAGE 7 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 INSTRUCTIONS TO OFFERORS DEFINITION OF KEY WORDS USED IN THE SOLICITATION: For purposes of this solicitation and subsequent contract, the following definitions shall apply: City: The City of Tucson, Arizona Contract: The legal agreement executed between the City and the Contractor/Consultant. The Contract shall include this RFP document incorporated herein by reference, all terms, conditions, specifications, scope of work, Amendments, the Contractor's offer and negotiated items as accepted by the City. Contractor/Consultant: The individual, partnership, or corporation who, as a result of the competitive solicitation process, is awarded a contract by the City. Contract Representative: The City employee or employees who have specifically been designated to act as a contact person or persons to the Contractor, and is responsible for monitoring and overseeing the Contractor's performance under this Contract. Director of Procurement: The contracting authority for the City, authorized to sign contracts and amendments thereto on behalf of the City. May: indicates something that is not mandatory but permissible. Offeror: The individual, partnership, or corporation who submits a proposal in response to a solicitation. Shall, Will, Must: Indicates a mandatory requirement. Failure to meet these mandatory requirements, if they constitute a substantive requirement, may, at the City's sole discretion, result in the rejection of a proposal as non -responsive. Should: Indicates something that is recommended but not mandatory. If the Offeror fails to provide recommended information, the City may, at its sole option, ask the Offeror to provide the information or evaluate the proposal without the information. 2. PRE -PROPOSAL CONFERENCE: If scheduled, the date and time of a Pre -Proposal conference is indicated on the cover page of this document. Attendance at this conference is not mandatory. Written minutes and/or notes will not be available, therefore attendance is encouraged, If an Offeror is unable to attend the Pre - Proposal Conference questions may be submitted in writing. Offerors are encouraged to submit written questions, via electronic mail at least nine days prior to the Request for Proposal due date to the Contract Officer listed above. The purpose of this conference will be to clarify the contents of this Request for Proposal in order to prevent any misunderstanding of the City's position. Any doubt as to the requirements of this Request for Proposal or any apparent omission or discrepancy should be presented to the City at this conference. The City will then determine the appropriate action necessary, if any, and may issue a written amendment to the Request for Proposal. Oral statements or instructions will not constitute an amendment to this Request for Proposal. 3. INQUIRIES: Any question related to the Request for Proposal shall be directed to the Contract Officer whose name appears above. An offeror shall not contact or ask questions of the department for whom the requirement is being procured. The Contract Officer may require any and all questions be submitted in writing. Offerors are encouraged to submit written questions via electronic mail at least nine days prior to the proposal due date. Any correspondence related to a solicitation should refer to the appropriate Request for Proposal number, page and paragraph number. An envelope containing questions should be identified as such, otherwise it may not be opened until after the official proposal due date and time. Oral interpretations or clarifications will be without legal effect. Only questions answered by a formal written amendment to the Request for Proposal will be binding. 4. AMENDMENT OF REQUEST FOR PROPOSAL: The Offeror shall acknowledge receipt of a Request for Proposal Amendment by signing and returning the document by the specified due date and time. 5. FAMILIARIZATION OF SCOPE OF WORK: Before submitting a proposal, each offeror shall familiarize itself with the Scope of Work, laws, regulations and other factors affecting contract performance. The Offeror shall be responsible for fully understanding the requirements of the subsequent Contract and otherwise satisfy itself as to the expense and difficulties accompanying the fulfillment of contract requirements. The submission of a proposal will constitute a representation of compliance by the Offeror. There will be no subsequent financial adjustment, other than that provided by the subsequent Contract, for lack of such familiarization. 6. PREPARATION OF PROPOSAL: A. All proposals shall be on the forms provided in this Request for Proposal package. It is permissible to copy these forms as required. Facsimiles or electronic mail proposals shall not be considered. B. At a minimum, your proposal should include the signed Offer and Acceptance form, signed copies of any solicitation amendments, completed Price Page and your response to all evaluation criteria. CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO.202329 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PAGE 8 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 C. The Offer and Acceptance page shall be signed by a person authorized to submit an offer. An authorized signature on the Offer and Acceptance page, Proposal Amendment(s), or cover letter accompanying the proposal documents shall constitute an irrevocable offer to sell the good and/or service specified herein. Offeror shall submit any additional requested documentation, signifying intent to be bound by the terms of the agreement. D. The authorized person signing the proposal shall initial erasure, interlineations or other modifications on the proposal. E. In case of error in the extension of prices in the proposal, unit price shall govern when applicable. F. Periods of time, stated as a number of days, shall be in calendar days. G. It is the responsibility of all offerors to examine the entire Request for Proposal package and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting a proposal. Negligence in preparing a proposal confers no right of withdrawal after due date and time. H. The City shall not reimburse the cost of developing, presenting, submitting or providing any response to this solicitation. I. Offeror must list any subcontractors to be utilized in the performance of the services specified herein. For each subcontractor, details on respective qualifications must be included. 7. PAYMENT DISCOUNTS: Payment discount periods shall be computed from the date of receipt of the material/service or correct invoice, whichever is later, to the date City's payment warrant is mailed. Unless freight and other charges are itemized, any discount provided shall be taken on full amount of invoice. Payment discounts of twenty-one calendar days or more shall be deducted from the proposed price in determining the price points. However, the City shall be entitled to take advantage of any payment discount offered by a vendor provided payment is made within the discount period. The payment discount shall apply to all purchases and to all payment methods. S. TAXES: The City of Tucson is exempt from federal excise tax, including the federal transportation tax. 9. PROPOSALISUBMITTAL FORMAT: An original and 4 copies (5 total) of each proposal should be submitted on the forms and in the format specified in the RFP. Offerors shall also submit two (2) electronic copy of the proposal on jump drive in MS Office 2010 or .pdf format. Any confidential information shall be submitted on a separate jump drive. The original copy of the proposal should be clearly labeled "Original" and shall be single -sided, three hole punched and in a binder. The material should be in sequence and related to the RFP. The sections of the submittal should be tabbed, clearly identifiable and should include a minimum of the following sections: the completed Offer and Acceptance Form, all signed Amendments, a copy of this RFP document and the Offeror's response to the Evaluation Criteria including the completed Price Page. Failure to include the requested information may have a negative impact on the evaluation of the offerors proposal. 10. EXCEPTIONS TO CONTRACT PROVISIONS: A response to any Request for Proposal is an offer to contract with the City based upon the contract provisions contained in the City's Request for Proposal, including but not limited to, the specifications, scope of work and any terms and conditions. Offerors who wish to propose modifications to the contract provisions must clearly identify the proposed deviations and any proposed substitute language. The provisions of the Request for Proposal cannot be modified without the express written approval of the Director or his designee. If a proposal or offer is returned with modifications to the contract provisions that are not expressly approved in writing by the Director or his designee, the contract provisions contained in the City's Request for Proposal shall prevail. 11. PUBLIC RECORD: All proposals submitted in response to this Request for Proposal shall become the property of the City and shall become a matter of public record available for review subsequent to the award notification. 12. CONFIDENTIAL INFORMATION: The City of Tucson is obligated to abide by all public information laws. If an Offeror believes that any portion of a proposal, offer, specification, protest or correspondence contains information that should be withheld, a statement advising the Contract Officer of this fact should accompany the submission and the information shall be so identified wherever it appears. The City shall review all requests for confidentiality and may provide a written determination to designate specified documents confidential or the request may be denied. Price is not confidential and will not be withheld. If the confidential request is denied, such information shall be disclosed as public information, unless the offeror submits a formal written objection. CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO. 202329 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PAGE 9 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-66851 FAX: (520) 791-4735 13. CERTIFICATION: By signature on the Offer and Acceptance page, solicitation Amendment(s), or cover letter accompanying the submittal documents, Offeror certifies: A. The submission of the offer did not involve collusion or other anti -competitive practices. B. The Offeror shall not discriminate against any employee or applicant for employment in violation of Federal or State law. C. The 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, meal or service to a public servant in connection with the submitted offer. D. The Offeror hereby certifies that the individual signing the submittal is an authorized agent for the Offeror and has the authority to bind the Offeror to the Contract. 14. WHERE TO SUBMIT PROPOSALS: In order to be considered, the Offeror must complete and submit its proposal to the City of Tucson Department of Procurement at the location indicated, prior to or at the exact date and time indicated on the Notice of Request for Proposal page. The Offeror's proposal shall be submitted in a sealed envelope. The words "SEALED PROPOSAL" with the REQUEST FOR PROPOSAL TITLE, REQUEST FOR PROPOSAL NUMBER, PROPOSAL DUE DATE AND TIME and OFFEROR'S NAME AND ADDRESS shall be written on the envelope. Faxing proposals is not permitted. 15. LATE PROPOSALS: Late proposals will be rejected. 16. OFFER AND ACCEPTANCE PERIOD: In order to allow for an adequate evaluation, the City requires an offer in response to this solicitation to be valid and irrevocable for ninety (90) days after the proposal due date and time. 17. WITHDRAWAL OF PROPOSAL: At any time prior to the specified solicitation due date and time, an offeror may formally withdraw the proposal by a written letter or electronic mail from the Offeror or a designated representative. Telephonic or oral withdrawals shall not be considered. 18. DISCUSSIONS: The City reserves the right to conduct discussions with offerors for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the proposal in order to clarify an offer and assure full understanding of, and responsiveness to, solicitation requirements. 19. TAX OFFSET POLICY: If applicable, in evaluating price proposals, the City shall include the amount of applicable business privilege tax, except that the amount of the City of Tucson business privilege tax shall not be included in the evaluation. 20. CONTRACT NEGOTIATIONS: Exclusive or concurrent negotiations may be conducted with responsible offeror(s) for the purpose of altering or otherwise changing the conditions, terms and price of the proposed contract unless prohibited. Offerors shall be accorded fair and equal treatment in conducting negotiations and there shall be no disclosure of any information derived from proposals submitted by competing offerors. Exclusive or concurrent negotiations shall not constitute a contract award nor shall it confer any property rights to the successful offeror. In the event the City deems that negotiations are not progressing, the City may formally terminate these negotiations and may enter into subsequent concurrent or exclusive negotiations with the next most qualified firm(s). 21. VENDOR APPLICATION: Prior to the award of a Contract, the successful offeror shall register with the City's Department of Procurement. Registration can be completed at ILttp.1/Lcm(rvf by clicking on Vendor Services. Please note that email notifications of newly published solicitations and amendments will be provided to those vendors that select email as their preferred delivery method in their vendor record. 22. CITY OF TUCSON BUSINESS LICENSE: It is the responsibility of the Contractor to have a City of Tucson Business License throughout the life of this contract or a written determination from the City's Business License Section that a license is not required. At any time during the contract, the City may request the Contractor to provide a valid copy of the business license or a written determination that a business license is not required. Application for a City Business License can be completed at !!L-,Oiw %vAL,1 cscana,�(_Lvr gtax. For questions contact the City's Business License Section at (520) 791-4566 or email at tax- I��rt�Ct�kcc��;� 23. UPON NOTICE OF INTENT TO AWARD: The apparent successful offeror shall sign and file with the City, within five (5) days after Notice of Intent to Award, all documents necessary to the successful execution of the Contract. CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO.202329 PAGE 10 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-0735 24. AWARD OF CONTRACT: Notwithstanding any other provision of the Request for Proposal, the City reserves the right to: (1) waive any immaterial defect or informality; or (2) reject any or all proposals, or portions thereof; or (3) reissue the Request for Proposal. A response to this Request for Proposal is an offer to contract with the City based upon the terms, conditions and Scope of Work contained in the City's Request for Proposal. Proposals do not become contracts unless and until they are executed by the City's Director of Procurement and the City Attorney. A contract has its inception in the award, eliminating a formal signing of a separate contract. All of the terms and conditions of the contract are contained in the Request for Proposal, unless any of the terms and conditions are modified by a Request for Proposal amendment, a Contract Amendment, or by mutually agreed terms and conditions in the Contract documents. 25. PROPOSAL RESULTS: The name(s) of the successful offeror(s) will be posted on the Procurement Department's Internet site at =t :li tucson rocurernent.com/ upon issuance of a Notice of Intent to Award or upon final contract execution. 26. PROTESTS: A protest shall be in writing and shall be filed with the Director of Procurement. A protest of a Request for Proposal shall be received at the Department of Procurement not less than five (5) working days before the Request for Proposal due date. A protest of a proposed award or of an award shall be filed within ten (10) days after issuance of notification of award or issuance of a notice of intent to award, as applicable. A protest shall include: A. The name, address, and telephone number of the protestant; B. The signature of the protestant or its representative; C. Identification of the Request for Proposal or Contract number; D. A detailed statement of the legal and factual grounds of protest including copies of relevant documents; and E. The form of relief requested. CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO. 202329 PAGE 11 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-66851 FAX: (520) 791-4735 PROPOSAL EVALUATION REQUIREMENTS I. PROPOSAL EVALUATION CRITERIA— (listed in relative order of importance) A. Method of Approach B. Qualifications & Experience C. Price Proposal II. REQUIREMENTS SPECIFIC TO EVALUATION CRITERIA: The narrative portion and the materials presented in response to this Request for Proposal should be submitted in the same order as requested and must contain, at a minimum, the following: A. Method of Approach 1. Provide a response to the national program. Include a detailed response to Attachment A, 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 National IPA. The successful Offeror will be required to sign Attachment A, Exhibit B, OMNIA Partners Administration Agreement. The Agreement shall be signed no later than issuance of the City of Tucson's Notice of intent to Award letter. Offerors should complete ail reviews of the document prior to submitting a response. Offeror's response should include any proposed exceptions to the OMNIA Partners Administration Agreement. 2. General Requirements Provide a detailed written response illustrating how your offer will meet the General Requirements of this solicitation for the City of Tucson and the national program. Submit any and all information that will aid the City in evaluating your proposal. 3. Product Requirements a. Provide a detailed written response illustrating how the products offered will meet the Product Requirements of this solicitation for the City of Tucson and the national program. Offerors shall provide the proposed product lines. Offerors shall identify and describe their categories. For each proposed category, describe in detail and provide at a minimum the following types of information: i. Identification and description of product categories offered ii. Identification and description of sub categories iii. Identification and description of manufacturers within each sub category b. What is the total number of products offered in your catalog? Are all catalog products available to participating public agencies nationwide? c. How are "green" products identified in your catalog? How are they identified when ordering online? How many "green" products are in your catalog? d. How are "certified small business and other business classifications" products identified in your catalog? Haw are they identified when ordering online? How many "certified small business and other business classifications" products are in your catalog? e. Do you offer "Private Line" products? Provide details and describe. How does pricing compare to traditional and comparable brand name products? Provide examples. f. Submit any information that will aid the City in evaluating your proposal. 4. Service Requirements a. Provide a detailed written response illustrating how the services offered will meet the Service Requirements of this solicitation for the City of Tucson and the national program. Offerors shall provide the proposed services that meet requirements. For each CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO. 202329 PAGE 12 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 proposed category, describe and/or provide details explaining your capabilities. In your response include information such as: i. Policies and programs detailing your efforts in these areas. ii. Literature explaining your capabilities. b. Submit any information that will aid the City in evaluating your proposal. 5. Ordering and Invoices a. Describe your ordering capacity (telephone, fax, internet, etc). Provide details of the capabilities of your website including ability to display contract pricing, on-line ordering, order tracking, search options, order history, technical assistance, lists, technical data and documentation, identification of alternate green products, etc. b. Describe your invoicing process. Is electronic invoicing available? Is summary invoicing available? Are there other options on how an agency receives an invoice? Submit sample invoices. c. Describe how Offeror measures performance including identification, calculation, tracking and reporting of measurements. What is your stock fill percentage rate, by line item, of the orders filled without backorders? d. Describe how agencies choosing to pick up products will receive the correct Contract pricing. Indicate how volume will be tracked and reported to OMNIA Partners. 6. Other a. Describe any government rebate programs that are offered. b. Describe how Offeror will meet the monthly usage reporting criteria. Submit a sample report. c. Contractor shall provide and supply customized usage reports upon request from the City of Tucson or any Participating Public Agency. At a minimum, the reports shall include the item number, item description, manufacturer number, total quantity ordered, number of orders and total spend for the requested time period. At a minimum, the City of Tucson requires an annual report within 30 calendar days of each contract years end date. B. Qualifications & Experience 1. Complete OMNIA Partners Exhibit A, Section 3.0 2. Summarize your experience in providing product and services similar to that outlined in the Scope of Work. Provide a minimum of three references for which you have provided similar products and services. References from other public agencies, particularly municipal governments, are preferred. Please include company name, address, phone, email, and contact person. 3. Please submit any additional information that you feel is applicable to your qualifications and experience. 4. Describe the current distribution model capable of delivering products nationwide, including the number, size and location of your company's distribution facilities, warehouses and retail network, where applicable. Describe your coverage of the United States. C. Price Proposal 1. Provide price proposal as requested on the Price Page (See Attachment B). 2. Provide available payment terms. 3. As stated in the Instructions to Offerors, 7. Discounts, the price(s) herein can be discounted by %, if payment is made within days. These payment terms shall apply to all purchases and to all payment methods. 4. Will payment be accepted via commercial credit card? Yes No a. If yes, can commercial payment(s) be made online? Yes No b. Will a third party be processing the commercial credit card payment(s)? ,Yes No c. If yes, indicate the flat fee per transaction $ (as allowable, per Section 4.9 of the MasterCard Transaction Processing Rules). CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO.202329 PAGE 13 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 d. If "no" to above, will consideration be given to accept the card? Yes No 5. Does your firm have a City of Tucson Business License? Yes No If yes, please provide a copy of your City of Tucson Business license. Ill. GENERAL A. Shortlist: The City reserves the right to shortlist the offerors on Method of Approach of the stated criteria. However, the City may determine that shortlisting is not necessary, B. [nterviiews: The City reserves the right to conduct interviews with some or all of the offerors at any point during the evaluation process. However, the City may determine that interviews are not necessary. In the event interviews are conducted, information provided during the interview process shall be taken into consideration when evaluating the stated criteria. The City shall not reimburse the offeror for the costs associated with the interview process. C. Additional Investigations: The City reserves the right to make such additional investigations as it deems necessary to establish the competence and financial stability of any offeror submitting a proposal. D. Prior Experience: Experiences with the City and entities that evaluation committee members represent and that are not specifically mentioned in the solicitation response may be taken into consideration when evaluating offers. E. Multiple Awards: To provide adequate contract coverage, at the City's sole discretion, multiple awards may be made. CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 `A REQUEST FOR PROPOSAL NO.202329 PAGE 14 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 SPECIAL TERMS AND CONDITIONS COOPERATIVE PURCHASING: Any Contract resulting from this solicitation shall be for the use of the City of Tucson. In addition, public and nonprofit agencies that have entered into a Cooperative Purchasing Agreement with the City of Tucson's Department of Procurement or registered with OMNIA Partners are eligible to participate in any subsequent Contract. See 1 t Wwww,t cso rocurem nt,com�ELiLspz, and click on Cooperatives for a list of the public and nonprofit agencies that have currently entered into Cooperative Purchasing Agreements with the City of Tucson. Additionally, this contract is eligible for use by the Strategic Alliance for Volume Expenditures (SAVE) cooperative. See �ut:t� :L/, r;,s i s p . ov�fIi melsl-io dccu aerit?id=2 638 for a listing of participating agencies. The parties agree that these lists are subject to change. Any orders placed to, or services required from, the successful Contractor(s) will be requested by each participating agency. Payment for purchases made under this Contract will be the sole responsibility of each Participating Public Agency. The Contractor may negotiate additional expenses incurred as a result of Participating Public Agencies' usage of this Contract (i.e., freight charges, travel related expenses, etc.). The City shall not be responsible for any disputes arising out of transactions made by others. The Contractor(s) will provide an electronic copy of the complete Contract to the City of Tucson Department of Procurement upon receipt of the Notice of Intent to Award. At the City's request, the successful Contractor(s) may also be requested to provide an electronic copy of the complete Contract to a participating agency. INSURANCE: The Contractor agrees to: A. Obtain insurance coverage of the types and amount required in this section and keep such insurance coverage in force throughout the life of this contract. All policies will contain an endorsement providing that written notice be given to the City at least 30 days prior to termination or cancellation in coverage in any policy, and 10 days notice for cancellation due to non-payment in premium. B. The Commercial General Liability Insurance and Commercial Automobile Liability Insurance policies will include the City as an additional insured with respect to liability arising out of the performance of this contract. Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract. The insurance hereunder will be primary and that any insurance carried by the City will be excess and not contributing. C. Provide and maintain minimum insurance limits as applicable: COVERAGE LIMITS OF LIABILITY I. ICorrtimrcll r1 Ltablltty; Policy shall include Bodily Injury, Property Damage, Personal Injury and Broad Form Contractual Liability Each Occurrence $1,000,000 General Aggregate $2,000,000 Products & Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,000,000 Blanket Contractual Liability $1,000,000 CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO.202329 PAGE 15 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 11. Commercial Automobile Liability Policy shall include Bodily Injury and Property Damage, for any owned, Hired, and/or Non -owned vehicles used in the operation, installation and maintenance of facilities under this agreement. Combined Single Limit $1,000,000 Ill. Workers" Compensation (applicable to the State of Arizona)* Per Occurrence Statutory Employer's Liability $1,000,000 Disease Each Employee $1,000,000 Disease Policy Limit $1,000,000 Sole Proprietor/Independent Contractor designation is given to those who desire to waive their rights for workers' compensation coverage and benefits as outlined in ARS§ 23-901 and specifically ARS § 23-961 (0). If applicable, please request the Sole Proprietor/Independent Contractor form from the Contract Officer listed in the solicitation. D. ADDITIONAL INSURANCE REQUIREMENTS: Policies shall be endorsed to include the following provisions: 1. A waiver of subrogation endorsement in favor of the City of Tucson, for losses arising from work performed by or on behalf of the Contractor (including Worker's Compensation). 2. The insurance afforded the contractor shall be primary insurance and that any insurance carried by the City of Tucson and its agents, officials or employees shall be excess and not contributory. 3. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of this Contract. E. NOTICE OF COVERAGE MODIFICATIONS: Any changes material to compliance with this contract in the insurance policies above shall require 10 days written notice from the Contractor to the City of Tucson. Such notice shall be sent directly to the Department of Procurement. F. ACCEPTABILITY OF INSURERS: Contractors insurance shall have an "A.M. Best" rating of not less than A:VII. The City of Tucson in no way warrants that the required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. G. VERIFICATION OF COVERAGE: Contractor shall fumish the City of Tucson with certificates of insurance (ACORD form or equivalent approved by the City of Tucson) as required by this Contract. The certificates for each insurance policy are to be signed by an authorized representative. All certificates and endorsements are to be received and approved by the City of Tucson before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work and remain in effect for the duration of the contract and two (2) years after completion. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal upon the City's request, is a material breach of contract. All certificates required by this Contract shall be sent directly to the Department of Procurement. CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO.202329 PAGE 16 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 The City of Tucson project/contract number and project description shall be noted on the certificate of insurance. The City of Tucson reserves the right to require complete copies of all insurance policies required by this Contract at any time. H. SUBCONTRACTORS: Contractors' certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the City of Tucson separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above. I. EXCEPTIONS: In the event the Contractor or sub -contractors) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self- Insurance. 3. TERM AND RENEWAL: The term of the Contract shall commence upon award and shall remain in effect for a period of two (2) years, unless terminated, canceled or extended as otherwise provided herein. The Contractor agrees that the City of Tucson shall have the right, at its sale option, to renew the Contract for two (2) additional two-year periods or portions thereof. In the event that the City exercises such rights, all terms, conditions and provisions of the original Contract shall remain the same and apply during the renewal period with the possible exception of price and minor scope additions and/or deletions. 4. PRICE ADJUSTMENT: The City will review fully documented requests for price adjustment after any Contract has been in effect for one (1) year and for each additional one (1) year period thereafter, which will be a factor in the renewal review process. The City will determine whether the requested price adjustment, or an alternate option, is in the best interest of the City. Any price adjustment will be effective upon the effective date of the Contract renewal or, in the case of a mid-term adjustment, upon execution of the amendment. 5. FOB DESTINATION FREIGHT PREPAID: Prices shall be FOB Destination Freight Prepaid to the delivery location designated. Contractor shall retain title and control of all goads until they are delivered and the Contract of coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the Contractor. All claims for visible or concealed damage shall be filed by the Contractor. The City will assist the Contractor in arranging for inspection. 6. SUBSTITUTE ITEMS: In the event that a product or model provided under the contract is discontinued by the manufacturer, the City at its sole discretion may allow the Contractor to provide a substitute for the discontinued item. The Contractor shall request permission to substitute a new product or model and provide the following: A. A formal announcement from the manufacturer that the product or model has been discontinued. B. Documentation from the manufacturer that names the replacement product or model. C. Documentation that provides clear and convincing evidence that the replacement meets or exceeds all specifications required by the original solicitation. D. Documentation that provides clear and convincing evidence that the replacement will be compatible with all the functions or uses of the discontinued product or model. E. Documentation confirming that the price for the replacement is the same as or less than the discontinued model. CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO. 202329 255 W. ALAMEDA, 6TN FLOOR, TUCSON, AZ 85701 PAGE 17 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 STANDARD TERMS AND CONDITIONS 1. ADVERTISING: Contractor shall not advertise or publish information concerning this Contract without prior written consent of the City's Director of Procurement. 2. AFFIRMATIVE ACTION: Contractor shall abide by the provisions of the Tucson Procurement Code Chapter 28, Article XII. 3. AMERICANS WITH DISABILITIES ACT: The Contractor shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101, et seq.) and applicable Federal regulations under the Act. 4. APPLICABLE LAW: This Contract shall be governed, and the City and Contractor shall have all remedies afforded to each, by the Tucson Procurement Code and the law of the State of Arizona. State law claims shall be brought only in Pima County Superior Court. 5. ASSIGNMENT -DELEGATION: No right or interest in this Contract shall be assigned by the Contractor without prior written permission of the City, and no delegation of any duty of the Contractor shall be made without prior written permission of the City's Director of Procurement. The City shall not unreasonably withhold approval and shall notify the Contractor of the City's position by written notice. 6. CHILD/SWEAT-FREE LABOR POLICY: The Contractor shall comply with all applicable provisions of the United States Federal and State Child Labor and Worker's Right laws and agrees if called upon to affirm in writing, that they, and any subcontractor involved in the provision of goods to the City, are in compliance. 7. CLEAN UP: The Contractor shall at all times keep the contract area, including storage areas used by the Contractor, free from accumulation of waste material or rubbish and, prior to completion of the work, remove any rubbish from the premises and all tools, scaffolding, equipment and materials not property of the City. Upon completion of the repair, the Contractor shall leave the work and premises in clean, neat and workmanlike condition. 8. 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 purchase order or is otherwise directed to do so, in writing, by the City. 9. CONFIDENTIALITY OF RECORDS: The Contractor shall establish and maintain procedures and controls that are acceptable to the City for the purpose of assuring that no information contained in its records or obtained from the City or from others in carrying out its functions under the Contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Contract. Persons requesting such information should be referred to the City. Information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under the Contract, unless otherwise agreed to in writing by the City. 10. CONTRACT AMENDMENTS: The Procurement Department has the sole authority to: A. Amend the contractor enter into supplemental verbal or written agreements; B. Grant time extensions or contract renewals; C. Otherwise modify the scope or terms and provisions of the contract. This Contract shall only be modified with the approval of the Department of Procurement. Except in the case of a documented emergency, approval must be granted prior to performance. Any contract modification not explicitly approved by the Procurement Department through a written contract amendment or change order is performed at the sole risk of the Contractor and may not be eligible for payment by the City. 11. CONTRACT: The Contract shall be based upon the Request for Proposal issued by the City and the Offer submitted by the Contractor in response to the Request for Proposal. The offer shall substantially conform to the terms, conditions, specifications and other requirements set forth within the text of the CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO.202329 PAGE 18 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 7914735 Request for Proposal. The City reserves the right to clarify any contractual terms with the concurrence of the Contractor; however, any substantial non -conformity in the offer, as determined by the City s Director of Procurement, shall be deemed non -responsive and the offer rejected. The Contract shall contain the entire agreement between the City of Tucson and the Contractor relating to this requirement and shall prevail over any and all previous agreements, contracts, proposals, negotiations, purchase orders, or master agreements in any form. 12. DEFAULT IN ONE INSTALLMENT TO CONSTITUTE TOTAL BREACH: Contractor shall deliver conforming materials in each installment or lot of this Contract and may not substitute nonconforming materials. Delivery of nonconforming materials, or default of any nature, may constitute breach of the Contract. Noncompliance may be deemed a cause for possible Contract termination. 13. DUPLEXEDIRECYCLED PAPER: In accordance with efficient resource procurement and utilization policies adopted by the City of Tucson, the Contractor shall ensure that, whenever practicable, all printed materials produced by the Contractor in the performance of this Contract are duplexed (two-sided copies), printed on recycled paper and labeled as such. 14. EQUAL PAY: The Contractor shall comply with the applicable provisions of the Equal Pay Act of 1963 (Pub.L. 88-38, 29 U.S.C. section 206(d)); Title VII of the Civil Rights Act of 1964 (Pub.L. 88-352, 42 U.S.C. 2000e et.seq.; and, the Lily Ledbetter Fair Pay Act of 2009 (Pub.L. 111-2). 15. EXCLUSIVE POSSESSION: All services, information, computer program elements, reports and other deliverables created under this Contract are the sole property of the City of Tucson and shall not be used or released by the Contractor or any other person except with prior written permission by the City. 16. FEDERAL IMMIGRATION LAWS AND REGULATIONS: Contractor warrants that it complies with all Federal Immigration laws and regulations that relate to its employees and complies with A.R.S. § 23- 214(A) and that it requires the same compliance of all subcontractors under this Contract. Contractor acknowledges that pursuant to A.R.S. § 41-4401 and effective September 30, 2008, a breach of this warranty is a material breach of this Contract subject to penalties up to and including termination of this Contract. The City retains the legal right to audit the records of the Contractor and inspect the papers of any employee who works for the Contractor to ensure compliance with this warranty and the Contractor shall assist in any such audit. The Contractor shall include the requirements of this paragraph in each contract with subcontractors under this Contract. If the Contractor or subcontractor warrants that it has complied with the employment verification provisions prescribed by sections 274(a) and 274(b) of the Federal Immigration and Nationality Act and the E-verify requirements prescribed by A.R.S. § 23-214(A), the Contractor or subcontractor shall be deemed to be in compliance with this provision. The City may request proof of such compliance at any time during the term of this Contract by the Contractor and any subcontractor. 17. FORCE MAJEURE: Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented by reason of Force Majeure. The term "Force Majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Force Majeure shall not include late performance by a subcontractor unless the delay arises out of a Force Majeure occurrence in accordance with this Force Majeure term and condition. If either party is delayed at any time in the progress of the work by Force Majeure, the delayed party shall notify the other party in writing of such delay, as soon as is practical, of the commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be hand -delivered or mailed certified -return receipt and shall make a specific reference to this article, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing when it has done so. The time of completion shall be extended by contract modification for a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance with this Contract. 18. GRATUITIES: The City may, by written notice to the Contractor, terminate this Contract if it is found that gratuities, in the form of entertainment, gifts, meals or otherwise, were offered or given by the Contractor CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO.202329 PAGE 19 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 or any agent or representative of the Contractor, to any officer or employee of the City amending, or the making of any determinations with respect to the performing of such Contract. In the event this Contract is terminated by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold from the Contractor the amount of the gratuity. 19. HUMAN RELATIONS: Contractor shall abide by the provisions of the Tucson City Code Chapter 28, Article XII. 20. INDEMNIFICATION: To the fullest extent permitted by law, Contractor, its successors, assigns and guarantors, shall pay, defend, indemnify and hold harmless City of Tucson, its agents, representatives, officers, directors, officials and employees from and against all allegations, demands, proceedings, suits, actions, claims, including claims of patent or copyright infringement, damages, losses, expenses, including but not limited to, attorney fees, court costs, and the cost of appellate proceedings, and all claim adjusting and handling expense, related to, arising from or out of or resulting from any actions, acts, errors, mistakes or omissions caused in whole or part by Contractor relating to work, services and/or products provided in the performance of this Contract, including but not limited to, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable and any injury or damages claimed by any of Contractor's and Subcontractor's employees. It is agreed that Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. The Contractors agrees to waive all rights of subrogation against the City of Tucson, it's agents, representatives, officers, directors, officials, employees and volunteers for losses arising from the work performed by the Contractor for the City of Tucson. Contractor is responsible for compliance with the Patient Protection and Affordable Care Act (ACA), for its employees in accordance with 26 CFR §54. 4980H. Additionally, Contractor is responsible for all applicable IRS reporting requirements related to ACA. If Contractor or any of Contractor's employees is certified to the City as having received a premium tax credit or cost sharing reduction which contributes to or triggers an assessed penalty against the City, or Contractor fails to meet reporting requirements pursuant to section 6056 resulting in a penalty to City, Contractor indemnifies City from and shall pay any assessed tax penalty. 21. INDEPENDENT CONTRACTOR: It is understood that each party shall act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other party for any purpose. The Contractor shall not be entitled to compensation in the form of salaries, holidays, paid vacation, sick days, or pension contributions by the City. The City of Tucson will not provide any insurance coverage to the Contractor, including Worker's Compensation coverage. The Contractor is advised that taxes, social security payments, and other withholdings shall not be withheld from a City payment issued under this Contract and that Contractor should make arrangements to directly pay such expenses. Contractor is responsible for compliance with the Affordable Care Act for Contractor and any of Contractor's employees. 22. INSPECTION AND ACCEPTANCE: All material or service is subject to final inspection and acceptance by the City. Material or service failing to conform to the specifications of this Contract shall be held at the Contractor's risk and may be returned to the Contractor. If returned, all costs are the responsibility of the Contractor. Noncompliance may be deemed a cause for possible Contract termination. 23. INTERPRETATION-PAROL EVIDENCE: This Contract is intended by the parties to be a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of this agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in the Contract. Acceptance or consent in the course of performance under this Contract shall not be relevant to determine the meaning of this Contract even though the accepting or consenting party has knowledge of the nature of the performance and the opportunity to object. CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO.202329 PAGE 20 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-66851 FAX: (520) 7914735 24. ISRAEL BOYCOTT DIVESTMENTS; Acceptance of the contract warrants that the vendor is in compliance with A.R.S. § 35-393 and does not participate in a boycott of Israel as that term is defined within A.R.S. § 35-393. 25. LICENSES: Contractor shall maintain in current status all Federal, State, and local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this Contract. 26. LIENS: All materials, services, and other deliverables supplied to the City under this Contract shall be free of all liens other than the security interest. Security interest shall extinguish upon full payment made by the City. Upon the City's request, the Contractor shall provide a formal release of all liens. 27. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender of materials must fully comply with all provisions of this Contract. If a tender is made which does not fully comply, this shall conform to the termination clause set forth within this document. 28. NON-EXCLUSIVE CONTRACT: Any contract resulting from this solicitation shall be awarded with the understanding and agreement that it is for the sole convenience of the City of Tucson. The City reserves the right to obtain like goods or services from another source when necessary. 29.OVERCHARGES BY ANTITRUST VIOLATIONS: The City maintains that, in actual practice, overcharges resulting from antitrust violations are borne by the purchaser. Therefore, to the extent permitted by law, the Contractor hereby assigns to the City any and all claims for such overcharges as to the materials or services used to fulfill the Contract. 30. PAYMENT: The City's preferred method of payment is via credit card. The City will issue a Purchase Order and, in some cases, either provide a credit card for payment at the time of ordering or pay subsequent invoices by credit card upon receipt of goods or services in good order. However, not all City employees will possess a credit card and, therefore, the City reserves the right to make payment by check as it deems necessary. Unless payment is made by credit card at time of order or point of sale, a separate invoice shall be issued for each shipment of material or service performed, and no payment shall be issued prior to receipt of material or service and correct invoice. The invoice shall not be dated prior to the receipt of goods or completion of services. The City shall make every effort to process payment for the purchase of materials or services within twenty-one (21) calendar days after receipt of materials or services and a correct invoice. The Contractor's payment terms shall apply to all purchases and to all payment methods. 31. PROTECTION OF GOVERNMENT PROPERTY: The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation (such as trees, shrubs, and grass) on City property. If the Contractor fails to do so and damages such property, the Contractor shall replace or repair the damage at no expense to the City, as determined and approved by the City's Director of Procurement. If the Contractor fails or refuses to make such repair or replacement, the City will determine a cost and the Contractor shall be liable for the cost thereof, which may be deducted from the Contract price. 32. PROVISIONS REQUIRED BY LAW: Each and every provision of law and any clause required by law to be in the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the Contract shall be amended to make such insertion or correction. 33. RECORDS: Internal control over all financial transactions related to this Contract shall be in accordance with sound fiscal policies. The City may, at reasonable times and places, audit the books and records of the Contractor and/or any subcontractors. Said audit shall be limited to this Contract. 34. RIGHT TO ASSURANCE: Whenever one party to this Contract has reason to question, in good faith, the other party's intent to perform, the former party may demand that the other party give a written assurance CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO.202329 PAGE 21 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-66851 FAX (520) 7914735 of this intent to perform. In the event that a demand is made and no written assurance is given within five (5) days, the demanding party may treat this failure as the other party's intent not to perform and as a cause for possible Contract termination. 35. RIGHT TO INSPECT: The City may, at reasonable times, and at the City's expense, inspect the place of business of a Contractor or subcontractor which is related to the performance of any Contract as awarded or to be awarded. 36. RIGHTS AND REMEDIES: No provision in this document or in the Contractor's proposal shall be construed, expressly or by implication, as a waiver by either party of any existing or future right and/or remedy available by law in the event of any claim, default or breach of contract. The failure of either party to insist upon the strict performance of any term or condition of the Contract, to exercise or delay the exercise of any right or remedy provided in the Contract or by law, or to accept materials or services required by this Contract or by law shall not be deemed a waiver of any right of either party to insist upon the strict performance of the Contract, 37. SEVERABILITY: The provisions of this Contract are severable to the extent that any provision or application held to be invalid shall not affect any other provision or application of the Contract which may remain in effect without the valid provision or application. 38. SHIPMENT UNDER RESERVATION PROHIBITED: No tender of a bill of lading shall operate as a tender of the materials. Non-compliance shall conform to the termination clause set forth within this document. 39. SUBCONTRACTS: No subcontract shall be entered into by the Contractor with any other party to furnish any of the material/service specified herein without the advance written approval of the City's Director of Procurement. All subcontracts shall comply with Federal and State laws and regulations which are applicable to the services covered by the subcontract and shall include all the terms and conditions set forth herein which shall apply with equal force to the subcontract, as if the subcontractor were the Contractor referred to herein. The Contractor is responsible for contract performance whether or not subcontractors are used. 40. SUBSEQUENT EMPLOYMENT: The City may terminate this Contract without penalty or further obligation pursuant to A.R.S. Section 38-511 if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract, on behalf of the City, is or becomes, at any time while the Contract or any extension of the Contract is in effect, an employee of, or a contractor to, any other party to this Contract with respect to the subject matter of the Contract. Termination shall be effective when written notice from the City's Director of Procurement is received by the parties to this Contract, unless the notice specifies a later time. 41. TERMINATION OF CONTRACT: This Contract may be terminated at any time by mutual written consent, or by the City, with or without cause, upon giving thirty (30) days written notice. The City, at its convenience, by written notice, may terminate this Contract, in whole or in part. If this Contract is terminated, the City shall be liable only for payment under the payment provisions of this Contract for services rendered and accepted material received by the City before the effective date of termination. The City reserves the right to terminate the whole or any part of this Contract due to the failure of the Contractor to carry out any term or condition of the Contract. The City will issue a written ten (10) day notice of default to the Contractor for acting or failing to act as specified in any of the following: In the opinion of the City, the Contractor provides personnel that do not meet the requirements of the Contract; In the opinion of the City, the Contractor fails to perform adequately the stipulations, conditions or services/specifications required in this Contract; In the opinion of the City, the Contractor attempts to impose personnel, materials, products or workmanship of an unacceptable quality; CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO. 202329 PAGE 22 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 The Contractor fails to furnish the required service and/or product within the time stipulated in the Contract; In the opinion of the City, the Contractor fails to make progress in the performance of the requirements of the Contract; The Contractor gives the City a positive indication that the Contractor will not or cannot perform to the requirements of the Contract. Each payment obligation of the City created by this Contract is conditioned upon the availability of City, State and Federal funds that are appropriated or allocated for the payment of such an obligation. If funds are not allocated by the City and available for the continued purchase of the services and/or materials provided under this Contract, this Contract may be terminated by the City at the end of the period for which funds are available. The City will endeavor to notify the Contractor in the event that continued service will or may be affected by non -appropriation. No penalty shall accrue to the City in the event this provision is exercised, and the City shall not be obligated or liable for any future payments due or for any damages as a result of termination under this paragraph. 42. TITLE AND RISK OF LOSS: The title and risk of loss of material or service shall not pass to the City until the City actually receives the material or service at the point of delivery, unless otherwise provided within this Contract. 43. WARRANTIES: Contractor warrants that all material or service delivered under this Contract shall conform to the specifications of this Contract. Mere receipt of shipment of the material or service specified and any inspection incidental thereto by the City shall not alter or affect the obligations of the Contractor or the rights of the City under the foregoing warranties. Additional warranty requirements may be set forth in this document. CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PRICE PAGE REQUEST FOR PROPOSAL NO. 202329 PAGE 23 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 7914735 See Attachment B -- Excel Price Page Tab 1 — National Core List Tab 2 — Additional Suppliers CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO.202329 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PAGE 24 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-66851 FAX: (520) 791-4735 OFFER AND ACCEPTANCE OFFER TO THE CITY OF TUCSON: The Undersigned hereby offers and shall furnish the material or service in compliance with all terms, scope of work, conditions, specifications, and amendments in the Request for Proposal which is incorporated by reference as if fully set forth herein. Company Name Address City State Zip Signature of Person Authorized to Sign Printed Name Title For clarification of this offer, contact: Name: Title: Phone: Fax: E-mail: ACCEPTANCE OF OFFER The Offer is hereby accepted. The Contractor is now bound to sell the materials or services specified in the Contract. This Contract shall be referred to as Contract No. CITY OF TUCSON, a municipal corporation Approved as to form: This day of 2019 As Tucson City Attorney and not personally Awarded: This day of 2019 As Director of Business Services and not personally CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 ATTACHMENTS REQUEST FOR PROPOSAL NO.202329 PAGE 25 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 79141735 Attachment A - OMNIA Partners — Requirements for National Cooperative Contract Attachment B — Excel Price Page Attachment C — HUD Documents ATTACHMENT A OMN1A® P A R T N E R S e` NATJONALIPA REQUIREMENTS FOR NATIONAL COOPERATIVE CONTRACT TO BE ADMINISTERED BY ONINIA 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 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 The City of Tucson (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 Janitorial and Sanitation Supplies, Equipment, and Related Services. 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 2 of 57 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, requircments, 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 Requirements for National Cooperative Contract Page 3 of 57 B. Joint sales calls C. Communications/customer service D. Training sessions for Public Agency teams 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 3% 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 $110 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 Requirements for National Cooperative Contract Page 4 of 57 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 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. Requirements for National Cooperative Contract Page 5 of 57 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 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. Requirements for National Cooperative Contract Page 6 of 57 3.1 Company A. Brief history and description of Supplier. 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. E. Submit FEIN and Dunn & Bradstreet report. F. Describe any green or environmental initiatives or policies. G. 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. H. Describe any historically underutilized business certifications supplier holds and the certifying agency. This may include business enterprises such as minority and women owned, small or disadvantaged, disable veterans, etc. 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. Describe the full line of products and services offered by supplier. 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. Requirements for National Cooperative Contract Page 7 of 57 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: 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 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.) Requirements for National Cooperative Contract Page 8 of 57 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 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 Requirements for National Cooperative Contract Page 9 of 57 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. M. 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 10 of 57 S .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. 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 11 of 57 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 dlbla 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 Iocal governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (collectively, "Public Agencies"), Requirements for National Cooperative Contract Page 12 of 57 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 l . Capitalized terms used in this Agreement and not otherwise defined herein shall have the meanings given to them in the Master Agreement, 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. Requirements for National Cooperative Contract Page 13 of 57 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. b. 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 12 — 23, hereof and the 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. 9. Supplier's failure to maintain its covenants and commitments contained in this Agreement or any action of the Supplier which gives rise to a right by Principal Procurement Agency to terminate the Master Agreement shall constitute a material breach of this Agreement. If such breach is not cured within thirty (30) days of written notice to Supplier, in addition to any and all remedies available at law or equity, OMNIA Partners, Public Sector shall have the right to terminate this Agreement, at OMNIA Partners, Public Sector's sole discretion, Notwithstanding anything contained herein to the contrary, this Agreement shall terminate on the date of the termination or expiration of the Master Agreement. NATIONAL PROMOTION I0. 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' Requirements for National Cooperative Contract Page 14 of 57 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 01"Y111 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. 11. 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 parry's Logo. ADMINISTRATIVE FEE, REPORTING & PAYMENT 12. 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. 13. 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 101h 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 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. 14. 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 13, above, for Supplier's submission of corresponding Contract Sales Reports. Administrative Fee payments are to be made via Automated Requirements for National Cooperative Contract Page 15 of 57 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. 15. 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 16. 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. 17. 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. 18. 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 may not assign its obligations hereunder without the prior written consent of OMNIA Partners, Public Sector. 19. 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. Requirements for National Cooperative Contract Page 16 of 57 A. OMNIA Partners, Public Sector: OMNIA Partners, Public Sector Attn: President 840 Crescent Centre Drive Suite 600 Franklin, TN 37067 B. Supplier: 20. 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. 21. 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. 22. 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. 23. 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. 24. 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 17 of 57 [INSERT SUPPLIER ENTITY NAME] Signature Name Title Date NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY, A DELAWARE CORPORATION DB/A OMNIA PARTNERS, PUBLIC SECTOR Signature Sarah Vavra Name Sr. Vice President, Public Sector Contracting Title Date Requirements for National Cooperative Contract Page 18 of 57 EXHIBIT C MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT, EXAMPLE 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 ("Princinal 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 ("ParticinatinQ 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 (%k i iLkq L�,, gkt i'Llghlicsec�tor 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: 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, Requirements for National Cooperative Contract Page 19 of 45 including 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 ("GM') 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, "5ulln i r") 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 OF SUCH DAMAGES. FURTHER, THE PROCURING PARTY ACKNOWLEDGES AND AGREES THAT THE OMNIA PARTNERS Requirements for National Cooperative Contract Page 20 of 57 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 DB/A OMNIA PARTNERS, PUBLIC SECTOR AND/OR COMMUNITIES PROGRAM MANAGEMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY DB/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 21 of 57 EXHIBIT D PRINCIPAL PROCUREMENT AGENCY CERTIFICATE, EXAMPLE �.1 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 (NAMEOF PPA] ("PrincipaI 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 22 of 45 EXHIBIT E CONTRACT SALES REPORTING TEMPLATE OND-LA PARnIRS, PUBLIC SECTOR MOWS E► M OMNIA Partnem, Public Sector Contract Sales Monthly R*poirt Suppilor Name: Contract Salts Report Month: Contract tD, Supplier ReporUne Contact a � �:::d FkWrtTotals Requirements for National Cooperative Contract Page 23 of 45 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 ([HE), 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 24 of 45 (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 $150,000, 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 $150,000, 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 25 of 57 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. 31414148). 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 Govemment 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. Requirements for National Cooperative Contract Page 26 of 57 Does offeror agree? YES Initials of Authorized Representative of offeror (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 Order12549. 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 27 of 57 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 28 of 57 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 29 of 57 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: I certify that I 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: I a partner in do hereby certify that the following is a list of all individual partners who own a 10% or greater interest therein. I 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: I 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 I M or more of its stock of any class. I 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 I M 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 I 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 30 of 57 Company Name: Street: City, State, Zip Code: State of County of I, Name DOC #2 NON -COLLUSION AFFIDAVIT of the City in the County of , State of of full age, being duly sworn according to law on my oath depose and say that: I 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 I 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. I 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 0 Requirements for National Cooperative Contract Page 31 of 45 SEAL 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 32 of 57 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 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 LNJAC 17.27). Signature of Procurement Agent Requirements for National Cooperative Contract Page 33 of 57 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 (t s,l wuw cre rc G a./clavl l;u lsf dq / aqL &,s,j_f11s 20061�tm). 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 h1eFr,.zap.:rvfcw1'�vi»asfcl%w,lal;c7 r�rraa.1?:.11t;u11:. They will be updated from rime -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 fist 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. 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 )"t,://rvw,,v.Iliqyclea/divisiotis/dI s/resources/Ifns 2 06.w11tn l). 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 34 of 57 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-2026). 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." [NAS.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 Requirements for National Cooperative Contract Page 35 of 57 Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C. 1 9:44A-1 0. 1) for the purpose of receiving contributions and making expenditures." Requirements for National Cooperative Contract Page 36 of 57 DOC #4, continued C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Required Pursuant to N.M.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. Part f — Vendor Information 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 37 of 57 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 38 of 57 DOC #5 STOCKHOLDER DISCLOSURE CERTIFICATION Name of Business: 13 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 13 I 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: Partnership Corporation 0 Sole Proprietorship Limited Partnership [ Limited Liability Corporation 0 Limited Liability Partnership 13Subchapter S Corporation Sign and notarize the form below, and, if necessary, complete the stockholder list below. Stockholders: Name: Home Address: Name: Home Address: Name: Name: Home Address: Home Address: Name: Name: Home Address: Home Address: Subscribed and swom before me this _ day of 2_. (Affiant) (Notary Public) My Commission expires: (Print name & title of affiant) Requirements for National Cooperative Contract Page 39 of 57 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: jLgj //,Arw ,st t tts/liumati,,,eryc s/dfd/i l.'o/stand rd/fd ./disc,losure iiive Mact )'. Offerors should submit the above form completed with their proposal. Requirements for National Cooperative Contract Page 40 of 57 DOC #7 NEW JERSEY BUSINESS REGISTRATION CERTIFICATE (N.J.S.A. 52:3244) 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. Requirements for National Cooperative Contract Page 41 of 57 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 OMN1A 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 Massachusetts State of New Mexico State of South 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 Carolina State of Texas State of Arkansas State of Indiana State of Mississippi State of North Dakota State of Utah State of California State of Iowa State of Missouri State of Ohio State of Vermont State of Colorado State of Kansas State of Montana State of Oklahoma State of Virginia State of Connecticut State of Kentucky State of Nebraska State of Oregon State of Washington State of Delaware State of Louisiana State of Nevada State of Pennsylvania State of West Virginia State of Florida State of Maine State of New Hampshire State of Rhode Island State of Wisconsin State of Georgia I State of Maryland State of New Jersey I State of South Carolina State of Wyoming District of Columbia Lists of political subdivisions and local governments in the above referenced states / districts may be found at ta2tluu//iv vvr.: a > /,fitr d ii S gn_o M ,ii�ijg(i shtan1 and }laps _f rs } w c /tare t..:g eL gilt. Certain Public Agencies and Political Subdivisions: CITIES, TOWNS, VILLAGES AND BOROUGHS CITY OF KENNER, LA INCLUDING BUT NOT LIMITED TO: CITY OF LA GRANDE, OR BAKER CITY GOLF COURSE, OR CITY OF LAFAYETTE, LA CITY OF ADAIR VILLAGE, OR CITY OF LAKE CHARLES, OR CITY OF ASHLAND, OR CITY OF LEBANON, OR CITY OF AUMSVILLE, OR CITY OF MCMINNVILLE, OR CITY OF AURORA, OR CITY OF MEDFORD, OR CITY OF BAKER, OR CITY OF METAIRIE, LA CITY OF BATON ROUGE, LA CITY OF MILL CITY, OR CITY OF BEAVERTON, OR CITY OF MILWAUKIE, OR CITY OF BEND, OR CITY OF MONROE, LA CITY OF BOARDMAN, OR CITY OF MOSIER, OR CITY OF BONANAZA, OR CITY OF NEW ORLEANS, LA CITY OF BOSSIER CITY, LA CITY OF NORTH PLAINS, OR CITY OF BROOKINGS, OR CITY OF OREGON CITY, OR CITY OF BURNS, OR CITY OF PILOT ROCK, OR CITY OF CANBY, OR CITY OF PORTLAND, OR CITY OF CANYONVILLE, OR CITY OF POWERS, OR CITY OF CLATSKANIE, OR CITY OF PRINEVILLE, OR CITY OF COBURG, OR CITY OF REDMOND, OR CITY OF CONDON, OR CITY OF REEDSPORT, OR CITY OF COQUILLE, OR CITY OF RIDDLE, OR CITY OF CORVALLI, OR CITY OF ROGUE RIVER, OR CITY OF CORVALLIS PARKS AND RECREATION CITY OF ROSEBURG, OR DEPARTMENT, OR CITY OF SALEM, OR CITY OF COTTAGE GROVE, OR CITY OF SANDY, OR CITY OF DONALD, OR CITY OF SCAPPOOSE, OR CITY OF EUGENE, OR CITY OF SHADY COVE, OR CITY OF FOREST GROVE, OR CITY OF SHERWOOD, OR CITY OF GOLD HILL, OR CITY OF SHREVEPORT, LA CITY OF GRANTS PASS, OR CITY OF SILVERTON, OR CITY OF GRESHAM, OR CITY OF SPRINGFIELD, OR CITY OF HILLSBORO, OR CITY OF ST. HELENS, OR CITY OF INDEPENDENCE, OR CITY OF ST. PAUL, OR CITY AND COUNTY OF HONOLULU, HI CITY OF SULPHUR, LA Requirements for National Cooperative Contract Page 42 of 45 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 CLAWSON, UT HYDE PARK, UT CLEARFIELD, UT HYRUM, UT CLEVELAND, UT INDEPENDENCE, UT CLINTON CITY CORPORATION, UT IVINS, UT COALVILLE, UT JOSEPH, UT CORINNE, UT JUNCTION, UT CORNISH, UT KAMAS, UT COTTONWOOD HEIGHTS, UT KANAB, UT DANIEL, UT KANARRAVILLE, UT DELTA, UT KANOSH, UT DEWEYVILLE, UT KAYSVILLE, UT DRAPER CITY, UT KINGSTON, UT DUCHESNE, UT KOOSHAREM, UT EAGLE MOUNTAIN, UT LAKETOWN, UT EAST CARBON, UT LA VERKIN, UT ELK RIDGE, UT LAYTON, UT ELMO, UT LEAMINGTON, UT ELSINORE, UT LEEDS, UT ELWOOD, UT LEHI CITY CORPORATION, UT EMERY, UT LEVAN, UT Requirements for National Cooperative Contract Page 43 of 57 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 MORON], 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 PARADISE, UT WALES, UT PARAGONAH, UT WALLSBURG, UT PARK CITY, UT WASHINGTON CITY, UT PAROWAN, UT WASHINGTON TERRACE, UT PAYSON, UT WELLINGTON, UT PERRY, UT WELLSVILLE, UT PLAIN CITY, UT WENDOVER, UT PLEASANT GROVE CITY, UT WEST BOUNTIFUL, UT PLEASANT VIEW, UT WEST HAVEN, UT PLYMOUTH, UT WEST JORDAN, UT PORTAGE, UT WEST POINT, UT PRICE, UT WEST VALLEY CITY, UT PROVIDENCE, UT WILLARD, UT PROVO, UT WOODLAND HILLS, UT RANDOLPH, UT WOODRUFF, UT REDMOND, UT WOODS CROSS, UT RICHFIELD, UT RICHMOND, UT COUNTIES AND PARISHES INCLUDING BUT NOT RIVERDALE, UT LIMITED TO: RIVER HEIGHTS, UT ASCENSION PARISH, LA Requirements for National Cooperative Contract Page 44 of 57 ASCENSION PARISH, LA, CLEAR OF COURT CADDO PARISH, LA CALCASIEU PARISH, LA CALCASIEU PARISH SHERIFF'S OFFICE, LA CITY AND COUNTY OF HONOLULU, HI CLACKAMAS COUNTY, OR CLACKAMAS COUNTY DEPT OF TRANSPORTATION, OR CLATSOP COUNTY, OR COLUMBIA COUNTY, OR COOS COUNTY, OR COOS COUNTY HIGHWAY DEPARTMENT, OR COUNTY OF HAWAII, OR CROOK COUNTY, OR CROOK COUNTY ROAD DEPARTMENT, OR CURRY COUNTY, OR DESCHUTES COUNTY, OR DOUGLAS COUNTY, OR EAST BATON ROUGE PARISH, LA GILLIAM COUNTY, OR GRANT COUNTY, OR HARNEY COUNTY, OR HARNEY COUNTY SHERIFFS OFFICE, OR HAWAII COUNTY, HI HOOD RIVER COUNTY, OR JACKSON COUNTY, OR JEFFERSON COUNTY, OR JEFFERSON PARISH, LA JOSEPHINE COUNTY GOVERNMENT, OR LAFAYETTE CONSOLIDATED GOVERNMENT, LA LAFAYETTE PARISH, LA LAFAYETTE PARISH CONVENTION & VISITORS COMMISSION LAFOURCHE PARISH, LA KAUAI COUNTY, HI KLAMATH COUNTY, OR LAKE COUNTY, OR LANE COUNTY, OR LINCOLN COUNTY, OR LINN COUNTY, OR LIVINGSTON PARISH, LA MALHEUR COUNTY, OR MAUI COUNTY, HI MARION COUNTY, SALEM, OR MORROW COUNTY, OR MULTNOMAH COUNTY, OR MULTNOMAH COUNTY BUSINESS AND COMMUNITY SERVICES, OR MULTNOMAH COUNTY SHERIFFS OFFICE, OR MULTNOMAH LAW LIBRARY, OR ORLEANS PARISH, LA PLAQUEMINES PARISH, LA POLK COUNTY, OR RAPIDES PARISH, LA SAINT CHARLES PARISH, LA SAINT CHARLES PARISH PUBLIC SCHOOLS, LA SAINT LANDRY PARISH, LA SAINT TAMMANY PARISH, LA SHERMAN COUNTY, OR TERREBONNE PARISH, LA TILLAMOOK COUNTY, OR TILLAMOOK COUNTY SHERIFF'S OFFICE, OR TILLAMOOK COUNTY GENERAL HOSPITAL, OR UMATILLA COUNTY, OR UNION COUNTY, OR WALLOWA COUNTY, OR WASCO COUNTY, OR WASHINGTON COUNTY, OR WEST BATON ROUGE PARISH, LA WHEELER COUNTY, OR YAMHILL COUNTY, OR COUNTY OF BOX ELDER, UT COUNTY OF CACHE, UT COUNTY OF RICH, UT COUNTY OF WEBER, UT COUNTY OF MORGAN, UT COUNTY OF DAVIS, UT COUNTY OF SUMMIT, UT COUNTY OF DAGGETT, UT COUNTY OF SALT LAKE, UT COUNTY OF TOOELE, UT COUNTY OF UTAH, UT COUNTY OF WASATCH, UT COUNTY OF DUCHESNE, UT COUNTY OF UINTAH, UT COUNTY OF CARBON, UT COUNTY OF SANPETE, UT COUNTY OF JUAB, UT COUNTY OF MILLARD, UT COUNTY OF SEVIER, UT COUNTY OF EMERY, UT COUNTY OF GRAND, UT COUNTY OF BEVER, UT COUNTY OF PIUTE, UT COUNTY OF WAYNE, UT COUNTY OF SAN JUAN, UT COUNTY OF GARFIELD, UT COUNTY OF KANE, UT COUNTY OF IRON, UT COUNTY OF WASHINGTON, UT OTHER AGENCIES INCLUDING ASSOCIATIONS, BOARDS, DISTRICTS, COMMISSIONS, COUNCILS, PUBLIC CORPORATIONS, PUBLIC DEVELOPMENT AUTHORITIES, RESERVATIONS AND UTILITIES INCLUDING BUT NOT LIMITED TO: ADAIR R.F.P.D., OR ADEL WATER IMPROVEMENT DISTRICT, OR ADRIAN R.F.P.D., OR AGNESS COMMUNITY LIBRARY, OR AGNESS-ILLAHE R.F.P.D., OR AGRICULTURE EDUCATION SERVICE EXTENSION DISTRICT, OR ALDER CREEK-BARLOW WATER DISTRICT NO.29, OR ALFALFA FIRE DISTRICT, OR ALSEA R.F.P.D„ OR ALSEA RIVIERA WATER IMPROVEMENT DISTRICT, OR AMITY FIRE DISTRICT, OR ANTELOPE MEADOWS SPECIAL ROAD DISTRICT, OR APPLE ROGUE DISTRICT IMPROVEMENT COMPANY, OR APPLEGATE VALLEY R.F.P.D. #9, OR ARCH CAPE DOMESTIC WATER SUPPLY DISTRICT, OR ARCH CAPE SANITARY DISTRICT, OR ARNOLD IRRIGATTON DISTRICT, OR ASH CREEK WATER CONTROL DISTRICT, OR ATHENA CEMETERY MAINTENANCE DISTRICT, OR Requirements for National Cooperative Contract Page 45 of 57 AUMSVILLE R.F.P.D., OR AURORA R.F.P.D., OR AZALEA R.F.P.D., OR BADGER IMPROVEMENT DISTRICT, OR BAILEY -SPENCER R.F.P.D., OR BAKER COUNTY LIBRARY DISTRICT, OR BAKER R.F.P.D., OR BAKER RIVERTON ROAD DISTRICT, OR BAKER VALLEY IRRIGATION DISTRICT, OR BAKER VALLEY S.W.C.D., OR BAKER VALLEY VECTOR CONTROL DISTRICT, OR BANDON CRANBERRY WATER CONTROL DISTRICT, OR BANDON R.F.P.D., OR BANKS FIRE DISTRICT, OR BANKS FIRE DISTRICT # I3, OR BAR L RANCH ROAD DISTRICT, OR BARLOW WATER IMPROVEMENT DISTRICT, OR BASIN AMBULANCE SERVICE DISTRICT, OR BASIN TRANSIT SERVICE TRANSPORTATION DISTRICT, OR BATON ROUGE WATER COMPANY BAY AREA HEALTH DISTRICT, OR BAYSHORE SPECIAL ROAD DISTRICT, OR BEAR VALLEY SPECIAL ROAD DISTRICT, OR BEAVER CREEK WATER CONTROL DISTRICT, OR BEAVER DRAINAGE IMPROVEMENT COMPANY, INC., OR BEAVER SLOUGH DRAINAGE DISTRICT, OR BEAVER SPECIAL ROAD DISTRICT, OR BEAVER WATER DISTRICT, OR BELLE MER S.I.G.L. TRACTS SPECIAL ROAD DISTRICT, OR BEND METRO PARK AND RECREATION DISTRICT BENTON S.W.C.D., OR BERNDT SUBDIVISION WATER IMPROVEMENT DISTRICT, OR BEVERLY BEACH WATER DISTRICT, OR BIENVILLE PARISH FIRE PROTECTION DISTRICT 6, LA BIG BEND IRRIGATION DISTRICT, OR BIGGS SERVICE DISTRICT, OR BLACK BUTTE RANCH DEPARTMENT OF POLICE SERVICES, OR BLACK BUTTE RANCH R.F.P,D., OR BLACK MOUNTAIN WATER DISTRICT, OR BLODGETT-SUMMIT R.F.P.D., OR BLUE MOUNTAIN HOSPITAL DISTRICT, OR BLUE MOUNTAIN TRANSLATOR DISTRICT, OR BLUE RIVER PARK & RECREATION DISTRICT, OR BLUE RIVER WATER DISTRICT, OR BLY R.F.P.D., OR BLY VECTOR CONTROL DISTRICT, OR BLY WATER AND SANITARY DISTRICT, OR BOARDMAN CEMETERY MAINTENANCE DISTRICT, OR BOARDMAN PARK AND RECREATION DISTRICT BOARDMAN R.F.P.D., OR BONANZA BIG SPRINGS PARK & RECREATION DISTRICT, OR BONANZA MEMORIAL PARK CEMETERY DISTRICT, OR BONANZA R.F.P.D., OR BONANZA-LANGELL VALLEY VECTOR CONTROL DISTRICT, OR BORING WATER DISTRICT #24, OR BOULDER CREEK RETREAT SPECIAL ROAD DISTRICT, OR BRIDGE R.F.P.D., OR BROOKS COMMUNITY SERVICE DISTRICT, OR BROWNSVILLE R.F.P.D., OR BUELL-RED PRAIRIE WATER DISTRICT, OR BUNKER HILL R.F.P.D. #1, OR BUNKER HILL SANITARY DISTRICT, OR BURLINGTON WATER DISTRICT, OR BURNT RIVER IRRIGATION DISTRICT, OR BURNT RIVER S.W.C.D., OR CALAPOOIA R.F.P.D., OR CAMAS VALLEY R.F.P.D., OR CAMELLIA PARK SANITARY DISTRICT, OR CAMMANN ROAD DISTRICT, OR CAMP SHERMAN ROAD DISTRICT, OR CANBY AREA TRANSIT, OR CANBY R.F.P.D. #62, OR CANBY UTILITY BOARD, OR CANNON BEACH R.F.P.D., OR CANYONVILLE SOUTH UMPQUA FIRE DISTRICT, OR CAPE FERRELO R.F.P.D., OR CAPE FOULWEATHER SANITARY DISTRICT, OR CARLSON PRIMROSE SPECIAL ROAD DISTRICT, OR CARMEL BEACH WATER DISTRICT, OR CASCADE VIEW ESTATES TRACT 2, OR CEDAR CREST SPECIAL ROAD DISTRICT, OR CEDAR TRAILS SPECIAL ROAD DISTRICT, OR CEDAR VALLEY - NORTH BANK R.F.P.D., OR CENTRAL CASCADES FIRE AND EMS, OR CENTRAL CITY ECONOMIC OPPORTUNITY CORP, LA CENTRAL LINCOLN P.U.D., OR CENTRAL OREGON COAST FIRE & RESCUE DISTRICT, OR CENTRAL OREGON INTERGOVERNMENTAL COUNCIL CENTRAL OREGON IRRIGATION DISTRICT, OR CHAPARRAL WATER CONTROL DISTRICT, OR CHARLESTON FIRE DISTRICT, OR CHARLESTON SANITARY DISTRICT, OR CHARLOTTE ANN WATER DISTRICT, OR CHEHALEM PARK & RECREATION DISTRICT, OR CHEHALEM PARK AND RECREATION DISTRICT CHEMULT R,F.P.D., OR CHENOWITH WATER P.U.D., OR CHERRIOTS, OR CHETCO COMMUNITY PUBLIC LIBRARY DISTRICT, OR CHILOQUIN VECTOR CONTROL DISTRICT, OR CHILOQUIN-AGENCY LAKE R.F.P.D., OR CHINOOK DRIVE SPECIAL ROAD DISTRICT, OR CHR DISTRICT IMPROVEMENT COMPANY, OR CHRISTMAS VALLEY DOMESTIC WATER DISTRICT, OR CHRISTMAS VALLEY PARK & RECREATION DISTRICT, OR CHRISTMAS VALLEY R.F.P.D., OR CITY OF BOGALUSA SCHOOL BOARD, LA CLACKAMAS COUNTY FIRE DISTRICT#I, OR CLACKAMAS COUNTY SERVICE DISTRICT #l, OR CLACKAMAS COUNTY VECTOR CONTROL DISTRICT, OR CLACKAMAS RIVER WATER CLACKAMAS RIVER WATER, OR Requirements for National Cooperative Contract Page 46 of 57 CLACKAMAS S.W.C.D., OR CLATSKANIE DRAINAGE IMPROVEMENT COMPANY, OR CLATSKANIE LIBRARY DISTRICT, OR CLATSKANIE P.U.D., OR CLATSKANIE PARK & RECREATION DISTRICT, OR CLATSKANIE PEOPLE'S UTILITY DISTRICT CLATSKANIE R.F.P.D., OR CLATSOP CARE CENTER HEALTH DISTRICT, OR CLATSOP COUNTY S.W.C.D., OR CLATSOP DRAINAGE IMPROVEMENT COMPANY 415, INC., OR CLEAN WATER SERVICES CLEAN WATER SERVICES, OR CLOVERDALE R.F.P.D., OR CLOVERDALE SANITARY DISTRICT, OR CLOVERDALE WATER DISTRICT, OR COALEDO DRAINAGE DISTRICT, OR COBURG FIRE DISTRICT, OR COLESTIN RURAL FIRE DISTRICT, OR COLTON R.F.P.D., OR COLTON WATER DISTRICT #11, OR COLUMBIA 911 COMMUNICATIONS DISTRICT, OR COLUMBIA COUNTY 4-H & EXTENSION SERVICE DISTRICT, OR COLUMBIA DRAINAGE VECTOR CONTROL, OR COLUMBIA IMPROVEMENT DISTRICT, OR COLUMBIA R.F.P.D., OR COLUMBIA RIVER FIRE & RESCUE, OR COLUMBIA RIVER PUD, OR COLUMBIA S.W.C.D., OR COLUMBIA S.W.C_D., OR CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION COOS COUNTY AIRPORT DISTRICT, OR COOS COUNTY AIRPORT DISTRICT, OR COOS COUNTY AREA TRANSIT SERVICE DISTRICT, OR COOS COUNTY AREA TRANSIT SERVICE DISTRICT, OR COOS FOREST PROTECTIVE ASSOCIATION COOS S.W.C.D., OR COQUILLE R.F.P.D., OR COQUILLE VALLEY HOSPITAL DISTRICT, OR CORBETT WATER DISTRICT, OR CORNELIUS R.F.P.D., OR CORP RANCH ROAD WATER IMPROVEMENT, OR CORVALLIS R.F.P.D., OR COUNTRY CLUB ESTATES SPECIAL WATER DISTRICT, OR COUNTRY CLUB WATER DISTRICT, OR COUNTRY ESTATES ROAD DISTRICT, OR COVE CEMETERY MAINTENANCE DISTRICT, OR COVE ORCHARD SEWER SERVICE DISTRICT, OR COVE R.F.P.D., OR CRESCENT R.F.P.D., OR CRESCENT SANITARY DISTRICT, OR CRESCENT WATER SUPPLY AND IMPROVEMENT DISTRICT, OR CROOK COUNTY AGRICULTURE EXTENSION SERVICE DISTRICT, OR CROOK COUNTY CEMETERY DISTRICT, OR CROOK COUNTY FIRE AND RESCUE, OR CROOK COUNTY PARKS & RECREATION DISTRICT, OR CROOK COUNTY S.W.C.D., OR CROOK COUNTY VECTOR CONTROL DISTRICT, OR CROOKED RIVER RANCH R.F.P.D., OR CROOKED RIVER RANCH SPECIAL ROAD DISTRICT, OR CRYSTAL SPRINGS WATER DISTRICT, OR CURRY COUNTY 4-H & EXTENSION SERVICE DISTRICT, OR CURRY COUNTY PUBLIC TRANSIT SERVICE DISTRICT, OR CURRY COUNTY S.W.C.D., OR CURRY HEALTH DISTRICT, OR CURRY PUBLIC LIBRARY DISTRICT, OR DALLAS CEMETERY DISTRICT #4, OR DARLEY DRIVE SPECIAL ROAD DISTRICT, OR DAVID CROCKETT STEAM FIRE COMPANY #1, LA DAYS CREEK R.F.P.D., OR DAYTON FIRE DISTRICT, OR DEAN MINARD WATER DISTRICT, OR DEE IRRIGATION DISTRICT, OR DEER ISLAND DRAINAGE IMPROVEMENT COMPANY, OR DELL BROGAN CEMETERY MAINTENANCE DISTRICT, OR DEPOE BAY R.F.P.D., OR DESCHUTES COUNTY 911 SERVICE DISTRICT, OR DESCHUTES COUNTY R.F.P.D. #2, OR DESCHUTES PUBLIC LIBRARY DISTRICT, OR DESCHUTES S.W.C.D., OR DESCHUTES VALLEY WATER DISTRICT, OR DEVILS LAKE WATER IMPROVEMENT DISTRICT, OR DEXTER R.F.P.D., OR DEXTER SANITARY DISTRICT, OR DORA-SITKUM R.F.P.D., OR DOUGLAS COUNTY FIRE DISTRICT #2, OR DOUGLAS S.W.C.D., OR DRAKES CROSSING R.F.P.D., OR DRRH SPECIAL ROAD DISTRICT 46, OR DRY GULCH DITCH DISTRICT IMPROVEMENT COMPANY, OR DUFUR RECREATION DISTRICT, OR DUMBECK LANE DOMESTIC WATER SUPPLY, OR DUNDEE R.F.P.D., OR DURKEE COMMUNITY BUILDING PRESERVATION DISTRICT, OR EAGLE POINT IRRIGATION DISTRICT, OR EAGLE VALLEY CEMETERY MAINTENANCE DISTRICT, OR EAGLE VALLEY R.F.P.D., OR EAGLE VALLEY S.W.C.D., OR EAST FORK IRRIGATION DISTRICT, OR EAST MULTNOMAH S.W.C.D., OR EAST SALEM SERVICE DISTRICT, OR EAST UMATILLA CHEMICAL CONTROL DISTRICT, OR EAST UMATILLA COUNTY AMBULANCE AREA HEALTH DISTRICT, OR EAST UMATILLA COUNTY R.F.P.D., OR EAST VALLEY WATER DISTRICT, OR ELGIN COMMUNITY PARKS & RECREATION DISTRICT, OR ELGIN HEALTH DISTRICT, OR ELGIN R.F.P.D., OR ELKTON ESTATES PHASE Il SPECIAL ROAD DISTRICT, OR Requirements for National Cooperative Contract Page 47 of 57 ELKTON R.F.P.D., OR EMERALD P.U.D., OR ENTERPRISE IRRIGATION DISTRICT, OR ESTACADA CEMETERY MAINTENANCE DISTRICT, OR ESTACADA R.F.P.D. #69, OR EUGENE R.F.P.D. # I, OR EUGENE WATER AND ELECTRIC BOARD EVANS VALLEY FIRE DISTRICT #6, OR FAIR OAKS R.F.P.D., OR FAIRVIEW R.F.P.D., OR FAIRVIEW WATER DISTRICT, OR FALCON HEIGHTS WATER AND SEWER, OR FALCON -COVE BEACH WATER DISTRICT, OR FALL RIVER ESTATES SPECIAL ROAD DISTRICT, OR FARGO INTERCHANGE SERVICE DISTRICT, OR FARMERS IRRIGATION DISTRICT, OR FAT ELK DRAINAGE DISTRICT, OR FERN RIDGE PUBLIC LIBRARY DISTRICT, OR FERN VALLEY ESTATES IMPROVEMENT DISTRICT, OR FOR FAR ROAD DISTRICT, OR FOREST GROVE R.F.P.D., OR FOREST VIEW SPECIAL ROAD DISTRICT, OR FORT ROCK -SILVER LAKE S.W.C.D., OR FOUR RIVERS VECTOR CONTROL DISTRICT, OR FOX CEMETERY MAINTENANCE DISTRICT, OR GARDINER R.F.P.D., OR GARDINER SANITARY DISTRICT, OR GARIBALDI R.F.P.D., OR GASTON R.F.P.D., OR GATES R.F.P.D., OR GEARHART R.F.P.D., OR GILLIAM S.W.C.D., OR GLENDALE AMBULANCE DISTRICT, OR GLENDALE R.F.P.D., OR GLENEDEN BEACH SPECIAL ROAD DISTRICT, OR GLENEDEN SANITARY DISTRICT, OR GLENWOOD WATER DISTRICT, OR GLIDE - IDLEYLD SANITARY DISTRICT, OR GLIDE R.F.P.D., OR GOLD BEACH - WEDDERBURN R.F.P.D., OR GOLD HILL IRRIGATION DISTRICT, OR GOLDFINCH ROAD DISTRICT, OR GOSHEN R.F.P.D., OR GOVERNMENT CAMP ROAD DISTRICT, OR GOVERNMENT CAMP SANITARY DISTRICT, OR GRAND PRAIRIE WATER CONTROL DISTRICT, OR GRAND RONDE SANITARY DISTRICT, OR GRANT COUNTY TRANSPORTATION DISTRICT, OR GRANT S.W.C.D., OR GRANTS PASS IRRIGATION DISTRICT, OR GREATER BOWEN VALLEY R.F.P.D., OR GREATER ST. HELENS PARK & RECREATION DISTRICT, OR GREATER TOLEDO POOL RECREATION DISTRICT, OR GREEN KNOLLS SPECIAL ROAD DISTRICT, OR GREEN SANITARY DISTRICT, OR GREENACRES R.F.P.D., OR GREENBERRY IRRIGATION DISTRICT, OR GREENSPRINGS RURAL FIRE DISTRICT, OR HAHLEN ROAD SPECIAL DISTRICT, OR HAINES CEMETERY MAINTENANCE DISTRICT, OR HAINES FIRE PROTECTION DISTRICT, OR HALSEY-SHEDD R.F.P.D., OR HAMLET R.F.P.D., OR HARBOR R.F.P.D., OR HARBOR SANITARY DISTRICT, OR HARBOR WATER P.U.D., OR HARNEY COUNTY HEALTH DISTRICT, OR HARNEY S.W.C.D., OR HARPER SOUTH SIDE IRRIGATION DISTRICT, OR HARRISBURG FIRE AND RESCUE, OR HAUSER R.F.P.D., OR HAZELDELL RURAL FIRE DISTRICT, OR HEBO JOINT WATER -SANITARY AUTHORITY, OR HECETA WATER P.U.D„ OR HELIX CEMETERY MAINTENANCE DISTRICT #4, OR HELIX PARK & RECREATION DISTRICT, OR HELIX RX.P.D. #7-411, OR HEPPNER CEMETERY MAINTENANCE DISTRICT, OR HEPPNER R.F.P.D., OR HEPPNER WATER CONTROL DISTRICT, OR HEREFORD COMMUNITY HALL RECREATION DISTRICT, OR HERMISTON CEMETERY DISTRICT, OR HERMISTON IRRIGATION DISTRICT, OR HIDDEN VALLEY MOBILE ESTATES IMPROVEMENT DISTRICT, OR HIGH DESERT PARK & RECREATION DISTRICT, OR HIGHLAND SUBDIVISION WATER DISTRICT, OR HONOLULU INTERNATIONAL AIRPORT HOOD RIVER COUNTY LIBRARY DISTRICT, OR HOOD RIVER COUNTY TRANSPORTATION DISTRICT, OR HOOD RIVER S.W.C.D., OR HOOD RIVER VALLEY PARKS & RECREATION DISTRICT, OR HOODLAND FIRE DISTRICT #74 HOODLAND FIRE DISTRICT474, OR HORSEFLY IRRIGATION DISTRICT, OR HOSKINS-KINGS VALLEY R.F.P.D., OR HOUSING AUTHORITY OF PORTLAND HUBBARD R.F.P.D., OR HUDSON BAY DISTRICT IMPROVEMENT COMPANY, OR I N (KAY) YOUNG DITCH DISTRICT IMPROVEMENT COMPANY, OR ICE FOUNTAIN WATER DISTRICT, OR IDAHO POINT SPECIAL ROAD DISTRICT, OR IDANHA-DETROIT RURAL FIRE PROTECTION DISTRICT, OR ILLINOIS VALLEY FIRE DISTRICT ILLINOIS VALLEY R.F.P.D., OR ILLINOIS VALLEY S.W.C.D., OR IMBLER R.F.P.D., OR INTERLACHEN WATER P.U.D., OR IONE LIBRARY DISTRICT, OR IONE R.F.P.D. 46-604, OR IRONSIDE CEMETERY MAINTENANCE DISTRICT, OR IRONSIDE RURAL ROAD DISTRICT #5, OR IRRIGON PARK & RECREATION DISTRICT, OR IRRIGON R.F.P.D., OR ISLAND CITY AREA SANITATION DISTRICT, OR ISLAND CITY CEMETERY MAINTENANCE DISTRICT, OR JACK PINE VILLAGE SPECIAL ROAD DISTRICT, OR JACKSON COUNTY FIRE DISTRICT #3, OR JACKSON COUNTY FIRE DISTRICT #4, OR Requirements for National Cooperative Contract Page 48 of 57 JACKSON COUNTY FIRE DISTRICT #5, OR JACKSON COUNTY LIBRARY DISTRICT, OR JACKSON COUNTY VECTOR CONTROL DISTRICT, OR JACKSON S.W.C.D., OR JASPER KNOLLS WATER DISTRICT, OR JEFFERSON COUNTY EMERGENCY MEDICAL SERVICE DISTRICT, OR JEFFERSON COUNTY FIRE DISTRICT #1, OR JEFFERSON COUNTY LIBRARY DISTRICT, OR JEFFERSON COUNTY S.W.C.D., OR JEFFERSON PARK & RECREATION DISTRICT, OR JEFFERSON R.F.P.D., OR JOB'S DRAINAGE DISTRICT, OR JOHN DAY WATER DISTRICT, OR JOHN DAY -CANYON CITY PARKS & RECREATION DISTRICT, OR JOHN DAY-FERNHILL R.F.P.D. #5-108, OR JORDAN VALLEY CEMETERY DISTRICT, OR JORDAN VALLEY IRRIGATION DISTRICT, OR JOSEPHINE COMMUNITY LIBRARY DISTRICT, OR JOSEPHINE COUNTY 4-H & EXTENSION SERVICE DISTRICT, OR JOSEPHINE COUNTY 911 AGENCY, OR JUNCTION CITY R.F.P.D., OR JUNCTION CITY WATER CONTROL DISTRICT, OR JUNIPER BUTTE ROAD DISTRICT, OR JUNIPER CANYON WATER CONTROL DISTRICT, OR JUNIPER FLAT DISTRICT IMPROVEMENT COMPANY, OR JUNIPER FLAT R.F.P.D., OR JUNO NONPROFIT WATER IMPROVEMENT DISTRICT, OR KEATING R.F.P.D., OR KEATING S.W.C.D., OR KEIZER R.F.P.D., OR KELLOGG RURAL FIRE DISTRICT, OR KENO IRRIGATION DISTRICT, OR KENO PINES ROAD DISTRICT, OR KENO R.F.P.D., OR KENT WATER DISTRICT, OR KERBY WATER DISTRICT, OR K-GB-LB WATER DISTRICT, OR KILCHIS WATER DISTRICT, OR KLAMATH 9-I-1 COMMUNICATIONS DISTRICT, OR KLAMATH BASIN IMPROVEMENT DISTRICT, OR KLAMATH COUNTY DRAINAGE SERVICE DISTRICT, OR KLAMATH COUNTY EXTENSION SERVICE DISTRICT, OR KLAMATH COUNTY FIRE DISTRICT #I, OR KLAMATH COUNTY FIRE DISTRICT #3, OR KLAMATH COUNTY FIRE DISTRICT #4, OR KLAMATH COUNTY FIRE DISTRICT #5, OR KLAMATH COUNTY LIBRARY SERVICE DISTRICT, OR KLAMATH COUNTY PREDATORY ANIMAL CONTROL DISTRICT, OR KLAMATH DRAINAGE DISTRICT, OR KLAMATH FALLS FOREST ESTATES SPECIAL ROAD DISTRICT UNIT #2, OR KLAMATH INTEROPERABILITY RADIO GROUP, OR KLAMATH IRRIGATION DISTRICT, OR KLAMATH RIVER ACRES SPECIAL ROAD DISTRICT, OR KLAMATH S.W.C.D., OR KLAMATH VECTOR CONTROL DISTRICT, OR KNAPPA-SVENSEN-BURNSIDE RX.P.D., OR LA GRANDE CEMETERY MAINTENANCE DISTRICT, OR LA GRANDE R.F.P.D., OR LA PINE PARK & RECREATION DISTRICT, OR LA PINE R.F.P.D., OR LABISH VILLAGE SEWAGE & DRAINAGE, OR LACOMB IRRIGATION DISTRICT, OR LAFAYETTE AIRPORT COMMISSION, LA LAFOURCHE PARISH HEALTH UNIT - DHH-OPH REGION 3 LAIDLAW WATER DISTRICT, OR LAKE CHINOOK FIRE & RESCUE, OR LAKE COUNTY 4-H & EXTENSION SERVICE DISTRICT, OR LAKE COUNTY LIBRARY DISTRICT, OR LAKE CREEK R.F.P.D. - JACKSON, OR LAKE CREEK R.F.P.D. - LANE COUNTY, OR LAKE DISTRICT HOSPITAL, OR LAKE GROVE R.F.P.D. NO.57, OR LAKE GROVE WATER DISTRICT, OR LAKE LABISH WATER CONTROL DISTRICT, OR LAKE POINT SPECIAL ROAD DISTRICT, OR LAKESIDE R.F.P.D. #4, OR LAKESIDE WATER DISTRICT, OR LAKEVIEW R.F.P.D., OR LAKEVIEW S.W.C.D., OR LAMONTAI IMPROVEMENT DISTRICT, OR LANE FIRE AUTHORITY, OR LANE LIBRARY DISTRICT, OR LANE TRANSIT DISTRICT, OR LANGELL VALLEY IRRIGATION DISTRICT, OR LANGLOIS PUBLIC LIBRARY, OR LANGLOIS R.F.P.D., OR LANGLOIS WATER DISTRICT, OR LAZY RIVER SPECIAL ROAD DISTRICT, OR LEBANON AQUATIC DISTRICT, OR LEBANON R.F.P.D., OR LEWIS & CLARK R.F.P.D., OR LINCOLN COUNTY LIBRARY DISTRICT, OR LINCOLN S.W.C.D., OR LINN COUNTY EMERGENCY TELEPHONE AGENCY, OR LINN S.W.C.D., OR LITTLE MUDDY CREEK WATER CONTROL, OR LITTLE NESTUCCA DRAINAGE DISTRICT, OR LITTLE SWITZERLAND SPECIAL ROAD DISTRICT, OR LONE PINE IRRIGATION DISTRICT, OR LONG PRAIRIE WATER DISTRICT, OR LOOKINGGLASS OLALLA WATER CONTROL DISTRICT, OR LOOKINGGLASS RURAL FIRE DISTRICT, OR LORANE R.F.P.D., OR LOST & BOULDER DITCH IMPROVEMENT DISTRICT, OR LOST CREEK PARK SPECIAL ROAD DISTRICT, OR LOUISIANA PUBLIC SERVICE COMMISSION, LA LOUISIANA WATER WORKS LOWELL R.F.P.D., OR LOWER MCKAY CREEK R.F.P.D., OR LOWER MCKAY CREEK WATER CONTROL DISTRICT, OR LOWER POWDER RIVER IRRIGATION DISTRICT, OR LOWER SILETZ WATER DISTRJCT, OR Requirements for National Cooperative Contract Page 49 of 57 LOWER UMPQUA HOSPITAL DISTRICT, OR LOWER UMPQUA PARK & RECREATION DISTRICT, OR LOWER VALLEY WATER IMPROVEMENT DISTRICT, OR LUCE LONG DITCH DISTRICT IMPROVEMENT CO., OR LUSTED WATER DISTRICT, OR LYONS R.F.P.D., OR LYONS-MEHAMA WATER DISTRICT, OR MADRAS AQUATIC CENTER DISTRICT, OR MAKAI SPECIAL ROAD DISTRICT, OR MALHEUR COUNTY S.W.C.D., OR MALHEUR COUNTY VECTOR CONTROL DISTRICT, OR MALHEUR DISTRICT IMPROVEMENT COMPANY, OR MALHEUR DRAINAGE DISTRICT, OR MALHEUR MEMORIAL HEALTH DISTRICT, OR MALIN COMMUNITY CEMETERY MAINTENANCE DISTRICT, OR MALIN COMMUNITY PARK & RECREATION DISTRICT, OR MALIN IRRIGATION DISTRICT, OR MALIN R.F.P.D., OR MAPLETON FIRE DEPARTMENT, OR MAPLETON WATER DISTRICT, OR MARCOLA WATER DISTRICT, OR MARION COUNTY EXTENSION & 4H SERVICE DISTRICT, OR MARION COUNTY FIRE DISTRICT #1, OR MARION JACK IMPROVEMENT DISTRICT, OR MARION S.W.C.D., OR MARY`S RIVER ESTATES ROAD DISTRICT, OR MCDONALD FOREST ESTATES SPECIAL ROAD DISTRICT, OR MCKAY ACRES IMPROVEMENT DISTRICT, OR MCKAY DAM R.F.P.D. # 7-410, OR MCKENZIE FIRE & RESCUE, OR MCKENZIE PALISADES WATER SUPPLY CORPORATION, OR MCMINNVILLE R.F.P.D., OR MCNULTY WATER P.U.D., OR MEADOWS DRAINAGE DISTRICT, OR MEDFORD IRRIGATION DISTRICT, OR MEDFORD R.F.P.D. #2, OR MEDFORD WATER COMMISSION MEDICAL SPRINGS R.F.P.D., OR MELHEUR COUNTY JAIL, OR MERLIN COMMUNITY PARK DISTRICT, OR MERRILL CEMETERY MAINTENANCE DISTRICT, OR MERRILL PARK DISTRICT, OR MERRILL R.F.P.D., OR METRO REGIONAL GOVERNMENT METRO REGIONAL PARKS METROPOLITAN EXPOSITION RECREATION COMMISSION METROPOLITAN SERVICE DISTRICT (METRO) MID COUNTY CEMETERY MAINTENANCE DISTRICT, OR MID-COLUMBIA FIRE AND RESCUE, OR MIDDLE FORK IRRIGATION DISTRICT, OR MIDLAND COMMUNITY PARK, OR MIDLAND DRAINAGE IMPROVEMENT DISTRICT, OR MILES CROSSING SANITARY SEWER DISTRICT, OR MILL CITY R.F.P.D. #2-303, OR MILL FOUR DRAINAGE DISTRICT, OR MILLICOMA RIVER PARK & RECREATION DISTRICT, OR MILLINGTON R.F.P.D. 95, OR MILO VOLUNTEER FIRE DEPARTMENT, OR MILTON-FREEWATER AMBULANCE SERVICE AREA HEALTH DISTRICT, OR MILTON-FREEWATER WATER CONTROL DISTRICT, OR MIROCO SPECIAL ROAD DISTRICT, OR MIST-BIRKENFELD R.F.P.D., OR MODOC POINT IRRIGATION DISTRICT, OR MODOC POINT SANITARY DISTRICT, OR MOHAWK VALLEY R.F.P.D., OR MOLALLA AQUATIC DISTRICT, OR MOLALLA R.F.P.D. #73, OR MONITOR R.F.P.D., OR MONROE R.F.P.D., OR MONUMENT CEMETERY MAINTENANCE DISTRICT, OR MONUMENT S.W.C.D., OR MOOREA DRIVE SPECIAL ROAD DISTRICT, OR MORO R.F.P.D., OR MORROW COUNTY HEALTH DISTRICT, OR MORROW COUNTY UNIFIED RECREATION DISTRICT, OR MORROW S.W.C.D., OR MOSIER FIRE DISTRICT, OR MOUNTAIN DRIVE SPECIAL ROAD DISTRICT, OR MT. ANGEL R.F.P.D., OR MT. HOOD IRRIGATION DISTRICT, OR MT, LAKI CEMETERY DISTRICT, OR MT. VERNON R.F.P.D., OR MULINO WATER DISTRICT #I, OR MULTNOMAH COUNTY DRAINAGE DISTRICT #1, OR MULTNOMAH COUNTY R.F.P.D. #10, OR MULTNOMAH COUNTY R.F.P.D. #14, OR MULTNOMAH EDUCATION SERVICE DISTRICT MYRTLE CREEK R.F.P.D., OR NEAH-KAH-NIE WATER DISTRICT, OR NEDONNA R.F.P.D., OR NEHALEM BAY FIRE AND RESCUE, OR NEHALEM BAY HEALTH DISTRICT, OR NEHALEM BAY WASTEWATER AGENCY, OR NESIKA BEACH-OPHIR WATER DISTRICT, OR NESKOWIN REGIONAL SANITARY AUTHORITY, OR NESKOWIN REGIONAL WATER DISTRICT, OR NESTUCCA R.F.P.D., OR NETARTS WATER DISTRICT, OR NETARTS-OCEANSIDE R.F.P.D., OR NETARTS-OCEANSIDE SANITARY DISTRICT, OR NEW BRIDGE WATER SUPPLY DISTRICT, OR NEW CARLTON FIRE DISTRICT, OR NEW ORLEANS REDEVELOPMENT AUTHORITY, LA NEW PINE CREEK R.F.P.D., OR NEW13ERG R.F.P.D., OR NEW13ERRY ESTATES SPECIAL ROAD DISTRICT, OR NEWPORT R.F.P.D., OR NEWT YOUNG DITCH DISTRICT IMPROVEMENT COMPANY, OR NORTH ALBANY R.F.P.D., OR NORTH BAY R.F.P.D. #9, OR NORTH CLACKAMAS PARKS & RECREATION DISTRICT, OR NORTH COUNTY RECREATION DISTRICT, OR Requirements for National Cooperative Contract Page 50 of 57 NORTH DOUGLAS COUNTY FIRE & EMS, OR NORTH DOUGLAS PARK & RECREATION DISTRICT, OR NORTH GILLIAM COUNTY HEALTH DISTRICT, OR NORTH GILLIAM COUNTY R.F.P.D., OR NORTH LAKE HEALTH DISTRICT, OR NORTH LEBANON WATER CONTROL DISTRICT, OR NORTH LINCOLN FIRE & RESCUE DISTRICT #1, OR NORTH LINCOLN HEALTH DISTRICT, OR NORTH MORROW VECTOR CONTROL DISTRICT, OR NORTH SHERMAN COUNTY R.F.P.D, OR NORTH UNIT IRRIGATION DISTRICT, OR NORTHEAST OREGON HOUSING AUTHORITY, OR NORTHEAST WHEELER COUNTY HEALTH DISTRICT, OR NORTHERN WASCO COUNTY P.U.D., OR NORTHERN WASCO COUNTY PARK & RECREATION DISTRICT, OR NYE DITCH USERS DISTRICT IMPROVEMENT, OR NYSSA ROAD ASSESSMENT DISTRICT #2, OR NYSSA RURAL FIRE DISTRICT, OR NYSSA-ARCADIA DRAINAGE DISTRICT, OR OAK LODGE WATER SERVICES, OR OAKLAND R.F.P.D., OR OAKVILLE COMMUNITY CENTER, OR OCEANSIDE WATER DISTRICT, OR OCHOCO IRRIGATION DISTRICT, OR OCHOCO WEST WATER AND SANITARY AUTHORITY, OR ODELL SANITARY DISTRICT, OR OLD OWYHEE DITCH IMPROVEMENT DISTRICT, OR OLNEY-WALLUSKI FIRE & RESCUE DISTRICT, OR ONTARIO LIBRARY DISTRICT, OR ONTARIO R.F.P.D., OR OPHIR R.F.P.D., OR OREGON COAST COMMUNITY ACTION OREGON HOUSING AND COMMUNITY SERVICES OREGON INTERNATIONAL PORT OF COOS BAY, OR OREGON LEGISLATIVE ADMINISTRATION OREGON OUTBACK R.F.P.D., OR OREGON POINT, OR OREGON TRAIL LIBRARY DISTRICT, OR OTTER ROCK WATER DISTRICT, OR OWW UNIT #2 SANITARY DISTRICT, OR OWYHEE CEMETERY MAINTENANCE DISTRICT, OR OWYHEE IRRIGATION DISTRICT, OR PACIFIC CITY JOINT WATER -SANITARY AUTHORITY, OR PACIFIC COMMUNITIES HEALTH DISTRICT, OR PACIFIC RIVIERA #3 SPECIAL ROAD DISTRICT, OR PALATINE HILL WATER DISTRICT, OR PALMER CREEK WATER DISTRICT IMPROVEMENT COMPANY, OR PANORAMIC ACCESS SPECIAL ROAD DISTRICT, OR PANTHER CREEK ROAD DISTRICT, OR PANTHER CREEK WATER DISTRICT, OR PARKDALE R.F.P.D., OR PARKDALE SANITARY DISTRICT, OR PENINSULA DRAINAGE DISTRICT #l, OR PENINSULA DRAINAGE DISTRICT #2, OR PHILOMATH FIRE AND RESCUE, OR PILOT ROCK CEMETERY MAINTENANCE DISTRICT #5, OR PILOT ROCK PARK & RECREATION DISTRICT, OR PILOT ROCK R.F.P.D., OR PINE EAGLE HEALTH DISTRICT, OR PINE FLAT DISTRICT IMPROVEMENT COMPANY, OR PINE GROVE IRRIGATION DISTRICT, OR PINE GROVE WATER DISTRICT-KLAMATH FALLS, OR PINE GROVE WATER DISTRICT-MAUPIN, OR PINE VALLEY CEMETERY DISTRICT, OR PINE VALLEY R.F.P.D., OR PINEWOOD COUNTRY ESTATES SPECIAL ROAD DISTRICT, OR PIONEER DISTRICT IMPROVEMENT COMPANY, OR PISTOL RIVER CEMETERY MAINTENANCE DISTRICT, OR PISTOL RIVER FIRE DISTRICT, OR PLEASANT HILL R.F.P.D., OR PLEASANT HOME WATER DISTRICT, OR POCAHONTAS MINING AND IRRIGATION DISTRICT, OR POE VALLEY IMPROVEMENT DISTRICT, OR POE VALLEY PARK & RECREATION DISTRICT, OR POE VALLEY VECTOR CONTROL DISTRICT, OR POLK COUNTY FIRE DISTRICT #1, OR POLK S.W.C.D., OR POMPADOUR WATER IMPROVEMENT DISTRICT, OR PONDEROSA PINES EAST SPECIAL ROAD DISTRICT, OR PORT OF ALSEA, OR PORT OF ARLINGTON, OR PORT OF ASTORIA, OR PORT OF BANDON, OR PORT OF BRANDON, OR PORT OF BROOKINGS HARBOR, OR PORT OF CASCADE LOCKS, OR PORT OF COQUILLE RIVER, OR PORT OF GARIBALDI, OR PORT OF GOLD BEACH, OR PORT OF HOOD RIVER, OR PORT OF MORGAN CITY, LA PORT OF MORROW, OR PORT OF NEHALEM, OR PORT OF NEWPORT, OR PORT OF PORT ORFORD, OR PORT OF PORTLAND, OR PORT OF SIUSLAW, OR PORT OF ST. HELENS, OR PORT OF THE DALLES, OR PORT OF TILLAMOOK BAY, OR PORT OF TOLEDO, OR PORT OF UMATILLA, OR PORT OF UMPQUA, OR PORT ORFORD CEMETERY MAINTENANCE DISTRICT, OR PORT ORFORD PUBLIC LIBRARY DISTRICT, OR PORT ORFORD R.F.P.D., OR PORTLAND DEVELOPMENT COMMISSION, OR PORTLAND FIRE AND RESCUE PORTLAND HOUSING CENTER, OR POWDER R.F.P,D., OR POWDER RIVER R.F.P.D., OR POWDER VALLEY WATER CONTROL DISTRICT, OR POWERS HEALTH DISTRICT, OR PRAIRIE CEMETERY MAINTENANCE DISTRICT, OR PRINEVILLE LAKE ACRES SPECIAL ROAD DISTRICT 41, OR PROSPECT R.F.P. D., OR Requirements for National Cooperative Contract Page 51 of 57 QUAIL VALLEY PARK IMPROVEMENT DISTRICT, OR QUEENER IRRIGATION IMPROVEMENT DISTRICT, OR RAINBOW WATER DISTRICT, OR RAINIER CEMETERY DISTRICT, OR RAINIER DRAINAGE IMPROVEMENT COMPANY, OR RALEIGH WATER DISTRICT, OR REDMOND AREA PARK & RECREATION DISTRICT, OR REDMOND FIRE AND RESCUE, OR RIDDLE FIRE PROTECTION DISTRICT, OR RIDGEWOOD DISTRICT IMPROVEMENT COMPANY, OR RIDGEWOOD ROAD DISTRICT, OR RIETH SANITARY DISTRICT, OR RIETH WATER DISTRICT, OR RIMROCK WEST IMPROVEMENT DISTRICT, OR RINK CREEK WATER DISTRICT, OR RIVER BEND ESTATES SPECIAL ROAD DISTRICT, OR RIVER FOREST ACRES SPECIAL ROAD DISTRICT, OR RIVER MEADOWS IMPROVEMENT DISTRICT, OR RIVER PINES ESTATES SPECIAL ROAD DISTRICT, OR RIVER ROAD PARK & RECREATION DISTRICT, OR RIVER ROAD WATER DISTRICT, OR RIVERBEND RIVERBANK WATER IMPROVEMENT DISTRICT, OR RIVERDALE R.F.P.D. 1 I-JT, OR RIVERGROVE WATER DISTRICT, OR RIVERSIDE MISSION WATER CONTROL DISTRICT, OR RIVERSIDE R.F.P.D. #7406, OR RIVERSIDE WATER DISTRICT, OR ROBERTS CREEK WATER DISTRICT, OR ROCK CREEK DISTRICT IMPROVEMENT, OR ROCK CREEK WATER DISTRICT, OR ROCKWOOD WATER P.U.D., OR ROCKY POINT FIRE & EMS, OR ROGUE RIVER R.F.P.D., OR ROGUE RIVER VALLEY IRRIGATION DISTRICT, OR ROGUE VALLEY SEWER SERVICES, OR ROGUE VALLEY SEWER, OR ROGUE VALLEY TRANSPORTATION DISTRICT, OR ROSEBURG URBAN SANITARY AUTHORITY, OR ROSEWOOD ESTATES ROAD DISTRICT, OR ROW RIVER VALLEY WATER DISTRICT, OR RURAL ROAD ASSESSMENT DISTRICT 43, OR RURAL ROAD ASSESSMENT DISTRICT #4, OR SAINT LANDRY PARISH TOURIST COMMISSION SAINT MARY PARISH REC DISTRICT 2 SAINT MARY PARISH REC DISTRICT 3 SAINT TAMMANY FIRE DISTRICT 4, LA SALEM AREA MASS TRANSIT DISTRICT, OR SALEM MASS TRANSIT DISTRICT SALEM SUBURBAN R.F.P.D., OR SALISHAN SANITARY DISTRICT, OR SALMON RIVER PARK SPECIAL ROAD DISTRICT, OR SALMON RIVER PARK WATER IMPROVEMENT DISTRICT, OR SALMONBERRY TRAIL INTERGOVERNMENTAL AGENCY,OR SANDPIPER VILLAGE SPECIAL ROAD DISTRICT, OR SANDY DRAINAGE IMPROVEMENT COMPANY, OR SANDY R.F.P.D. #72, OR SANTA CLARA R.F.P.D., OR SANTA CLARA WATER DISTRICT, OR SANTIAM WATER CONTROL DISTRICT, OR SAUVIE ISLAND DRAINAGE IMPROVEMENT COMPANY, OR SAUVIE ISLAND VOLUNTEER FIRE DISTRICT #30J, OR SCAPPOOSE DRAINAGE IMPROVEMENT COMPANY, OR SCAPPOOSE PUBLIC LIBRARY DISTRICT, OR SCAPPOOSE R.F.P.D., OR SCIO R.F.P.D., OR SCOTTSBURG R.F.P.D., OR SEAL ROCK R.F.P.D., OR SEAL ROCK WATER DISTRICT, OR SEWERAGE AND WATER BOARD OF NEW ORLEANS, LA SHANGRI-LA WATER DISTRICT, OR SHASTA VIEW IRRIGATION DISTRICT, OR SHELLEY ROAD CREST ACRES WATER DISTRICT, OR SHERIDAN FIRE DISTRICT, OR SHERMAN COUNTY HEALTH DISTRICT, OR SHERMAN COUNTY S.W.C.D., OR SHORELINE SANITARY DISTRICT, OR SILETZ KEYS SANITARY DISTRICT, OR SILETZ R.F.P.D., OR SILVER FALLS LIBRARY DISTRICT, OR SILVER LAKE IRRIGATION DISTRICT, OR SILVER LAKE R.F.P.D., OR SILVER SANDS SPECIAL ROAD DISTRICT, OR SILVERTON R.F.P.D. NO. 2, OR SISTERS PARKS & RECREATION DISTRICT, OR SISTERS -CAMP SHERMAN R.F.P.D., OR SIUSLAW PUBLIC LIBRARY DISTRICT, OR SIUSLAW S.W.C.D., OR SIUSLAW VALLEY FIRE AND RESCUE, OR SIXES R.F.P.D., OR SKIPANON WATER CONTROL DISTRICT, OR SKYLINE VIEW DISTRICT IMPROVEMENT COMPANY, OR SLEEPY HOLLOW WATER DISTRICT, OR SMITH DITCH DISTRICT IMPROVEMENT COMPANY, OR SOUTH CLACKAMAS TRANSPORTATION DISTRICT, OR SOUTH COUNTY HEALTH DISTRICT, OR SOUTH FORK WATER BOARD, OR SOUTH GILLIAM COUNTY CEMETERY DISTRICT, OR SOUTH GILLIAM COUNTY HEALTH DISTRICT, OR SOUTH GILLIAM COUNTY R.F.P.D. VI-301, OR SOUTH LAFOURCHE LEVEE DISTRICT, LA SOUTH LANE COUNTY FIRE & RESCUE, OR SOUTH SANTIAM RIVER WATER CONTROL DISTRICT, OR SOUTH SHERMAN FIRE DISTRICT, OR SOUTH SUBURBAN SANITARY DISTRICT, OR SOUTH WASCO PARK & RECREATION DISTRICT, OR SOUTHERN COOS HEALTH DISTRICT, OR SOUTHERN CURRY CEMETERY MAINTENANCE DISTRICT, OR SOUTHVIEW IMPROVEMENT DISTRICT, OR SOUTHWEST LINCOLN COUNTY WATER DISTRICT, OR SOUTHWESTERN POLK COUNTY R.F.P.D., OR SOUTHWOOD PARK WATER DISTRICT, OR SPECIAL ROAD DISTRICT #I, OR Requirements for National Cooperative Contract Page 52 of 57 SPECIAL ROAD DISTRICT #8, OR SPRING RIVER SPECIAL ROAD DISTRICT, OR SPRINGFIELD UTILITY BOARD, OR ST. PAUL R.F.P.D., OR STANFIELD CEMETERY DISTRICT #6, OR STANFIELD IRRIGATION DISTRICT, OR STARR CREEK ROAD DISTRICT, OR STARWOOD SANITARY DISTRICT, OR STAYTON FIRE DISTRICT, OR SUBLIMITY FIRE DISTRICT, OR SUBURBAN EAST SALEM WATER DISTRICT, OR SUBURBAN LIGHTING DISTRICT, OR SUCCOR CREEK DISTRICT IMPROVEMENT COMPANY, OR SUMMER LAKE IRRIGATION DISTRICT, OR SUMMERVILLE CEMETERY MAINTENANCE DISTRICT, OR SUMMER R.F.P.D., OR SUN MOUNTAIN SPECIAL ROAD DISTRICT, OR SUNDOWN SANITATION DISTRICT, OR SUNFOREST ESTATES SPECIAL ROAD DISTRICT, OR SUNNYSIDE IRRIGATION DISTRICT, OR SUNRISE WATER AUTHORITY, OR SUNRIVER SERVICE DISTRICT, OR SUNSET EMPIRE PARK & RECREATION DISTRICT, OR SUNSET EMPIRE TRANSPORTATION DISTRICT, OR SURFLAND ROAD DISTRICT, OR SUTHERLIN VALLEY RECREATION DISTRICT, OR SUTHERLIN WATER CONTROL DISTRICT, OR SWALLEY IRRIGATION DISTRICT, OR SWEET HOME CEMETERY MAINTENANCE DISTRICT, OR SWEET HOME FIRE & AMBULANCE DISTRICT, OR SWISSHOME-DEADWOOD R.F.P.D., OR TABLE ROCK DISTRICT IMPROVEMENT COMPANY, OR TALENT IRRIGATION DISTRICT, OR TANGENT R.F.P.D., OR TENMILE R.F.P.D., OR TERREBONNE DOMESTIC WATER DISTRICT, OR THE DALLES IRRIGATION DISTRICT, OR THOMAS CREEK-WESTSIDE R.F.P.D., OR THREE RIVERS RANCH ROAD DISTRICT, OR THREE SISTERS IRRIGATION DISTRICT, OR TIGARD TUALATIN AQUATIC DISTRICT, OR TIGARD WATER DISTRICT, OR TILLAMOOK BAY FLOOD IMPROVEMENT DISTRICT, OR TILLAMOOK COUNTY EMERGENCY COMMUNICATIONS DISTRICT, OR TILLAMOOK COUNTY S.W.C.D., OR TILLAMOOK COUNTY TRANSPORTATION DISTRICT, OR TILLAMOOK FIRE DISTRICT, OR TILLAMOOK P.U.D., OR TILLER R.F.P.D., OR TOBIN DITCH DISTRICT IMPROVEMENT COMPANY, OR TOLEDO R.F.P.D., OR TONE WATER DISTRICT, OR TOOLEY WATER DISTRICT, OR TRASK DRAINAGE DISTRICT, OR TRI CITY R.F.P.D. #4, OR TRI-CITY WATER & SANITARY AUTHORITY, OR TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON TRIMET, OR TUALATIN HILLS PARK & RECREATION DISTRICT TUALATIN BILLS PARK & RECREATION DISTRICT, OR TUALATIN S.W.C.D., OR TUALATIN VALLEY FIRE & RESCUE TUALATIN VALLEY FIRE & RESCUE, OR TUALATIN VALLEY IRRIGATION DISTRICT, OR TUALATIN VALLEY WATER DISTRICT TUALATIN VALLEY WATER DISTRICT, OR TUMALO IRRIGATION DISTRICT, OR TURNER FIRE DISTRICT, OR TWIN ROCKS SANITARY DISTRICT, OR TWO RIVERS NORTH SPECIAL ROAD DISTRICT, OR TWO RIVERS S.W.C.D., OR TWO RIVERS SPECIAL ROAD DISTRICT, OR TYGH VALLEY R.F.P.D., OR TYGH VALLEY WATER DISTRICT, OR UMATILLA COUNTY FIRE DISTRICT #1, OR UMATILLA COUNTY S.W.C.D., OR UMATILLA COUNTY SPECIAL LIBRARY DISTRICT, OR UMATILLA HOSPITAL DISTRICT, OR UMATILLA R.F,P.D. #7-405, OR UMATILLA-MORROW RADIO AND DATA DISTRICT, OR UMPQUA S.W.C.D., OR UNION CEMETERY MAINTENANCE DISTRICT, OR UNION COUNTY SOLID WASTE DISPOSAL DISTRICT, OR UNION COUNTY VECTOR CONTROL DISTRICT, OR UNION GAP SANITARY DISTRICT, OR UNION GAP WATER DISTRICT, OR UNION HEALTH DISTRICT, OR UNION R.F.P.D., OR UNION S.W.C.D., OR UNITY COMMUNITY PARK & RECREATION DISTRICT, OR UPPER CLEVELAND RAPIDS ROAD DISTRICT, OR UPPER MCKENZIE R.F.P.D., OR UPPER WILLAMETTE S.W.C.D., OR VALE OREGON IRRIGATION DISTRICT, OR VALE RURAL FIRE PROTECTION DISTRICT, OR VALLEY ACRES SPECIAL ROAD DISTRICT, OR VALLEY VIEW CEMETERY MAINTENANCE DISTRICT, OR VALLEY VIEW WATER DISTRICT, OR VANDEVERT ACRES SPECIAL ROAD DISTRICT, OR VERNONIA R.F.P.D., OR VINEYARD MOUNTAIN PARK & RECREATION DISTRICT, OR VINEYARD MOUNTAIN SPECIAL ROAD DISTRICT, OR WALLA WALLA RIVER IRRIGATION DISTRICT, OR WALLOWA COUNTY HEALTH CARE DISTRICT, OR WALLOWA LAKE COUNTY SERVICE DISTRICT, OR WALLOWA LAKE IRRIGATION DISTRICT, OR WALLOWA LAKE R.F.P.D., OR WALLOWA S.W.C.D., OR WALLOWA VALLEY IMPROVEMENT DISTRICT#1, OR WAMIC R.F.P.D., OR WAMIC WATER & SANITARY AUTHORITY, OR Requirements for National Cooperative Contract Page 53 of 57 WARMSPRINGS IRRIGATION DISTRICT, OR WASCO COUNTY S.W.C.D., OR WATER ENVIRONMENT SERVICES, OR WATER WONDERLAND IMPROVEMENT DISTRICT, OR WATERBURY & ALLEN DITCH IMPROVEMENT DISTRICT, OR WATSECO-BARVIEW WATER DISTRICT, OR WAUNA WATER DISTRICT, OR WEDDERBURN SANITARY DISTRICT, OR WEST EAGLE VALLEY WATER CONTROL DISTRICT, OR WEST EXTENSION IRRIGATION DISTRICT, OR WEST LABISH DRAINAGE & WATER CONTROL IMPROVEMENT DISTRICT, OR WEST MULTNOMAH S.W.C.D., OR WEST SIDE R.F.P.D., OR WEST SLOPE WATER DISTRICT, OR WEST UMATILLA MOSQUITO CONTROL DISTRICT, OR WEST VALLEY FIRE DISTRICT, OR WESTERN HEIGHTS SPECIAL ROAD DISTRICT, OR WESTERN LANE AMBULANCE DISTRICT, OR WESTLAND IRRIGATION DISTRICT, OR WESTON ATHENA MEMORIAL HALL PARK & RECREATION DISTRICT, OR WESTON CEMETERY DISTRICT #2, OR WESTPORT FIRE AND RESCUE, OR WESTRIDGE WATER SUPPLY CORPORATION, OR WESTWOOD HILLS ROAD DISTRICT, OR WESTWOOD VILLAGE ROAD DISTRICT, OR WHEELER S.W.C.D., OR WHITE RIVER HEALTH DISTRICT, OR WIARD MEMORIAL PARK DISTRICT, OR WICKIUP WATER DISTRICT, OR WILLAKENZIE R.F.P.D., OR WILLAMALANE PARK & RECREATION DISTRICT, OR WILLAMALANE PARK AND RECREATION DISTRICT WILLAMETTE HUMANE SOCIETY WILLAMETTE RIVER WATER COALITION, OR WILLIAMS R.F.P.D., OR WILLOW CREEK PARK DISTRICT, OR WILLOW DALE WATER DISTRICT, OR WILSON RIVER WATER DISTRICT, OR WINCHESTER BAY R.F.P.D., OR WINCHESTER BAY SANITARY DISTRICT, OR WINCHUCK R.F.P.D., OR WINSTON-DILLARD R.F.P.D., OR WINSTON-DILLARD WATER DISTRICT, OR WOLF CREEK R.F.P.D., OR WOOD RIVER DISTRICT IMPROVEMENT COMPANY, OR WOODBURN R.F.P.D. NO. 6, OR WOODLAND PARK SPECIAL ROAD DISTRICT, OR WOODS ROAD DISTRICT, OR WRIGHT CREEK ROAD WATER IMPROVEMENT DISTRICT, OR WY'EAST FIRE DISTRICT, OR YACHATS R.F.P.D., OR YAMHILL COUNTY TRANSIT AREA, OR YAMHILL FIRE PROTECTION DISTRICT, OR YAMHILL SWCD, OR YONCALLA PARK & RECREATION DISTRICT, OR YOUNGS RIVER-LEWIS & CLARK WATER DISTRICT, OR ZUMWALT RT.P.D., OR K-12 INCLUDING BUT NOT LIMITED TO: ACADIA PARISH SCHOOL BOARD BEAVERTON SCHOOL DISTRICT BEND -LA PINE SCHOOL DISTRICT BOGALUSA HIGH SCHOOL, LA BOSSIER PARISH SCHOOL BOARD BROOKING HARBOR SCHOOL DISTRICT CADDO PARISH SCHOOL DISTRICT CALCASIEU PARISH SCHOOL DISTRICT CANBY SCHOOL DISTRICT CANYONVILLE CHRISTIAN ACADEMY CASCADE SCHOOL DISTRICT CASCADES ACADEMY OF CENTRAL OREGON CENTENNIAL SCHOOL DISTRICT CENTRAL CATHOLIC HIGH SCHOOL CENTRAL POINT SCHOOL DISTRICT NO.6 CENTRAL SCHOOL DISTRICT 13J COOS BAY SCHOOL DISTRICT NO.9 CORVALLIS SCHOOL DISTRICT 509J COUNTY OF YAMHILL SCHOOL DISTRICT 29 CULVER SCHOOL DISTRICT DALLAS SCHOOL DISTRICT NO.2 DAVID DOUGLAS SCHOOL DISTRICT DAYTON SCHOOL DISTRICT NO.8 DE LA SALLE N CATHOLIC HS DESCHUTES COUNTY SCHOOL DISTRICT NO.6 DOUGLAS EDUCATIONAL DISTRICT SERVICE DUFUR SCHOOL DISTRICT NO.29 EAST BATON ROUGE PARISH SCHOOL DISTRICT ESTACADA SCHOOL DISTRICT NO.1013 FOREST GROVE SCHOOL DISTRICT GEORGE MIDDLE SCHOOL GLADSTONE SCHOOL DISTRICT GRANTS PASS SCHOOL DISTRICT 7 GREATER ALBANY PUBLIC SCHOOL DISTRICT GRESHAM BARLOW JOINT SCHOOL DISTRICT HEAD START OF LANE COUNTY HIGH DESERT EDUCATION SERVICE DISTRICT HILLSBORO SCHOOL DISTRICT HOOD RIVER COUNTY SCHOOL DISTRICT JACKSON CO SCHOOL DIST NO,9 JEFFERSON COUNTY SCHOOL DISTRICT 509-J JEFFERSON PARISH SCHOOL DISTRICT JEFFERSON SCHOOL DISTRICT JUNCTION CITY SCHOOLS, OR KLAMATH COUNTY SCHOOL DISTRICT KLAMATH FALLS CITY SCHOOLS LAFAYETTE PARISH SCHOOL DISTRICT LAKE OSWEGO SCHOOL DISTRICT 71 LANE COUNTY SCHOOL DISTRICT 4J LINCOLN COUNTY SCHOOL DISTRICT LINN CO. SCHOOL DIST. 95C LIVINGSTON PARISH SCHOOL DISTRICT LOST RIVER JR/SR HIGH SCHOOL LOWELL SCHOOL DISTRICT NO.71 MARION COUNTY SCHOOL DISTRICT MARION COUNTY SCHOOL DISTRICT 103 MARIST HIGH SCHOOL, OR MCMINNVILLE SCHOOL DISTRICT NOAO MEDFORD SCHOOL DISTRICT 549C MITCH CHARTER SCHOOL MONROE SCHOOL DISTRICT NO, I I Requirements for National Cooperative Contract Page 54 of 57 MORROW COUNTY SCHOOL DIST, OR MULTNOMAH EDUCATION SERVICE DISTRICT MULTISENSORY LEARNING ACADEMY MYRTLE PINT SCHOOL DISTRICT 41 NEAH-KAH-NIE DISTRICT NO.56 NEWBERG PUBLIC SCHOOLS NESTUCCA VALLEY SCHOOL DISTRICT NO.101 NOBEL LEARNING COMMUNITIES NORTH BEND SCHOOL DISTRICT 13 NORTH CLACKAMAS SCHOOL DISTRICT NORTH DOUGLAS SCHOOL DISTRICT NORTH WASCO CITY SCHOOL DISTRICT 21 NORTHWEST REGIONAL EDUCATION SERVICE DISTRICT ONTARIO MIDDLE SCHOOL OREGON TRAIL SCHOOL DISTRICT NOA6 ORLEANS PARISH SCHOOL DISTRICT PHOENIX -TALENT SCHOOL DISTRICT NOA PLEASANT HILL SCHOOL DISTRICT PORTLAND JEWISH ACADEMY PORTLAND PUBLIC SCHOOLS RAPIDES PARISH SCHOOL DISTRICT REDMOND SCHOOL DISTRICT REYNOLDS SCHOOL DISTRICT ROGUE RIVER SCHOOL DISTRICT ROSEBURG PUBLIC SCHOOLS SCAPPOOSE SCHOOL DISTRICT I SAINT TAMMANY PARISH SCHOOL BOARD, LA SEASIDE SCHOOL DISTRICT 10 SHERWOOD SCHOOL DISTRICT 88J SILVER FALLS SCHOOL DISTRICT 4J SOUTH LANE SCHOOL DISTRICT 45J3 SOUTHERN OREGON EDUCATION SERVICE DISTRICT SPRINGFIELD PUBLIC SCHOOLS SUTHERLIN SCHOOL DISTRICT SWEET HOME SCHOOL DISTRICT NO.55 TERREBONNE PARISH SCHOOL DISTRICT THE CATLIN GABEL SCHOOL TIGARD-TUALATIN SCHOOL DISTRICT UMATILLA MORROW ESD WEST LINN WILSONVILLE SCHOOL DISTRICT WILLAMETTE EDUCATION SERVICE DISTRICT WOODBURN SCHOOL DISTRICT YONCALLA SCHOOL DISTRICT ACADEMY FOR MATH ENGINEERING & SCIENCE (AMES), UT ALIANZA ACADEMY, UT ALPINE DISTRICT, UT AMERICAN LEADERSHIP ACADEMY, UT AMERICAN PREPARATORY ACADEMY, UT BAER CANYON HIGH SCHOOL FOR SPORTS & MEDICAL SCIENCES, UT BEAR RIVER CHARTER SCHOOL, UT BEAVER SCHOOL DISTRICT, UT BEEHIVE SCIENCE & TECHNOLOGY ACADEMY (BSTA) , UT BOX ELDER SCHOOL DISTRICT, UT CBA CENTER, UT CACHE SCHOOL DISTRICT, UT CANYON RIM ACADEMY, UT CANYONS DISTRICT, UT CARBON SCHOOL DISTRICT, UT CHANNING HALL, UT CHARTER SCHOOL LEWIS ACADEMY, UT CITY ACADEMY, UT DAGGETT SCHOOL DISTRICT, UT DAVINCI ACADEMY, UT DAVIS DISTRICT, UT DUAL IMMERSION ACADEMY, UT DUCHESNE SCHOOL DISTRICT, UT EARLY LIGHT ACADEMY AT DAYBREAK, UT EAST HOLLYWOOD HIGH, UT EDITH BO WEN LABORATORY SCHOOL, UT EMERSON ALCOTT ACADEMY, UT EMERY SCHOOL DISTRICT, UT ENTHEOS ACADEMY, UT EXCELSIOR ACADEMY, UT FAST FORWARD HIGH, UT FREEDOM ACADEMY, UT GARFIELD SCHOOL DISTRICT, UT GATEWAY PREPARATORY ACADEMY, UT GEORGE WASHINGTON ACADEMY, UT GOOD FOUNDATION ACADEMY, UT GRAND SCHOOL DISTRICT, UT GRANITE DISTRICT, UT GUADALUPE SCHOOL, UT HAWTHORN ACADEMY, UT INTECH COLLEGIATE HIGH SCHOOL, UT IRON SCHOOL DISTRICT, UT ITINERIS EARLY COLLEGE HIGH, UT JOHN HANCOCK CHARTER SCHOOL, UT JORDAN DISTRICT, UT JUAB SCHOOL DISTRICT, UT KANE SCHOOL DISTRICT, UT KARL G MAESER PREPARATORY ACADEMY, UT LAKEVIEW ACADEMY, UT LEGACY PREPARATORY ACADEMY, UT LIBERTY ACADEMY, UT LINCOLN ACADEMY, UT LOGAN SCHOOL DISTRICT, UT MARIA MONTESSORI ACADEMY, UT MERIT COLLEGE PREPARATORY ACADEMY, UT MILLARD SCHOOL DISTRICT, UT MOAB CHARTER SCHOOL, UT MONTICELLO ACADEMY, UT MORGAN SCHOOL DISTRICT, UT MOUNTAINVILLE ACADEMY, UT MURRAY SCHOOL DISTRICT, UT NAVIGATOR POINTE ACADEMY, UT NEBO SCHOOL DISTRICT, UT NO UT ACAD FOR MATH ENGINEERING & SCIENCE (NUAMES), UT NOAH WEBSTER ACADEMY, UT NORTH DAVIS PREPARATORY ACADEMY, UT NORTH SANPETE SCHOOL DISTRICT, UT NORTH STAR ACADEMY, UT NORTH SUMMIT SCHOOL DISTRICT, UT ODYSSEY CHARTER SCHOOL, UT OGDEN PREPARATORY ACADEMY, UT OGDEN SCHOOL DISTRICT, UT OPEN CLASSROOM, UT OPEN HIGH SCHOOL OF UTAH, UT OQUIRRH MOUNTAIN CHARTER SCHOOL, UT PARADIGM HIGH SCHOOL, UT PARK CITY SCHOOL DISTRICT, UT PINNACLE CANYON ACADEMY, UT PIUTE SCHOOL DISTRICT, UT PROVIDENCE HALL, UT PROVO SCHOOL DISTRICT, UT Requirements for National Cooperative Contract Page 55 of 57 QUAIL RUN PRIMARY SCHOOL, UT QUEST ACADEMY, UT RANCHES ACADEMY, UT REAGAN ACADEMY, UT RENAISSANCE ACADEMY, UT RICH SCHOOL DISTRICT, UT ROCKWELL CHARTER HIGH SCHOOL, UT SALT LAKE ARTS ACADEMY, UT SALT LAKE CENTER FOR SCIENCE EDUCATION, UT SALT LAKE SCHOOL DISTRICT, UT SALT LAKE SCHOOL FOR THE PERFORMING ARTS, UT SAN JUAN SCHOOL DISTRICT, UT SEVIER SCHOOL DISTRICT, UT SOLDIER HOLLOW CHARTER SCHOOL, UT SOUTH SANPETE SCHOOL DISTRICT, UT SOUTH SUMMIT SCHOOL DISTRICT, UT SPECTRUM ACADEMY, UT SUCCESS ACADEMY, UT SUCCESS SCHOOL, UT SUMMIT ACADEMY, UT SUMMIT ACADEMY HIGH SCHOOL, UT SYRACUSE ARTS ACADEMY, UT THOMAS EDISON - NORTH, UT TIMPANOGOS ACADEMY, UT TINTIC SCHOOL DISTRICT, UT TOOELE SCHOOL DISTRICT, UT TUACAHN HIGH SCHOOL FOR THE PERFORMING ARTS, UT UINTAH RIVER HIGH, UT UINTAH SCHOOL DISTRICT, UT UTAH CONNECTIONS ACADEMY, UT UTAH COUNTY ACADEMY OF SCIENCE, UT UTAH ELECTRONIC HIGH SCHOOL, UT UTAH SCHOOLS FOR DEAF & BLIND, UT UTAH STATE OFFICE OF EDUCATION, UT UTAH VIRTUAL ACADEMY, UT VENTURE ACADEMY, UT VISTA AT ENTRADA SCHOOL OF PERFORMING ARTS AND TECHNOLOGY, UT WALDEN SCHOOL OF LIBERAL ARTS, UT WASATCH PEAK ACADEMY, UT WASATCH SCHOOL DISTRICT, UT WASHINGTON SCHOOL DISTRICT, UT WAYNE SCHOOL DISTRICT, UT WEBER SCHOOL DISTRICT, UT WEILENMANN SCHOOL OF DISCOVERY, UT HIGHER EDUCATION ARGOSY UNIVERSITY BATON ROUGE COMMUNITY COLLEGE, LA BIRTHINGWAY COLLEGE OF MIDWIFERY BLUE MOUNTAIN COMMUNITY COLLEGE BRIGHAM YOUNG UNIVERSITY - HAWAII CENTRAL OREGON COMMUNITY COLLEGE CENTENARY COLLEGE OF LOUISIANA CHEMEKETA COMMUNITY COLLEGE CLACKAMAS COMMUNITY COLLEGE COLLEGE OF THE MARSHALL ISLANDS COLUMBIA GORGE COMMUNITY COLLEGE CONCORDIA UNIVERSITY GEORGE FOX UNIVERSITY KLAMATH COMMUNITY COLLEGE DISTRICT LANE COMMUNITY COLLEGE LEWIS AND CLARK COLLEGE LINFIELD COLLEGE LINN-BENTON COMMUNITY COLLEGE LOUISIANA COLLEGE, LA LOUISIANA STATE UNIVERSITY LOUISIANA STATE UNIVERSITY HEALTH SERVICES MARYLHURST UNIVERSITY MT. HOOD COMMUNITY COLLEGE MULTNOMAH BIBLE COLLEGE NATIONAL COLLEGE OF NATURAL MEDICINE NORTHWEST CHRISTIAN COLLEGE OREGON HEALTH AND SCIENCE UNIVERSITY OREGON INSTITUTE OF TECHNOLOGY OREGON STATE UNIVERSITY OREGON UNIVERSITY SYSTEM PACIFIC UNIVERSITY PIONEER PACIFIC COLLEGE PORTLAND COMMUNITY COLLEGE PORTLAND STATE UNIVERSITY REED COLLEGE RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII ROGUE COMMUNITY COLLEGE SOUTHEASTERN LOUISIANA UNIVERSITY SOUTHERN OREGON UNIVERSITY (OREGON UNIVERSITY SYSTEM) SOUTHWESTERN OREGON COMMUNITY COLLEGE TULANE UNIVERSITY TILLAMOOK BAY COMMUNITY COLLEGE UMPQUA COMMUNITY COLLEGE UNIVERSITY OF HAWAII BOARD OF REGENTS UNIVERSITY OF HAWAII-HONOLULU COMMUNITY COLLEGE UNIVERSITY OF OREGON-GRADUATE SCHOOL UNIVERSITY OF PORTLAND UNIVERSITY OF NEW ORLEANS WESTERN OREGON UNIVERSITY WESTERN STATES CHIROPRACTIC COLLEGE WILLAMETTE UNIVERSITY XAVIER UNIVERSITY UTAH SYSTEM OF HIGHER EDUCATION, UT UNIVERSITY OF UTAH, UT UTAH STATE UNIVERSITY, UT WEBER STATE UNIVERSITY, UT SOUTHERN UTAH UNIVERSITY, UT SNOW COLLEGE, UT DIXIE STATE COLLEGE, UT COLLEGE OF EASTERN UTAH, UT UTAH VALLEY UNIVERSITY, UT SALT LAKE COMMUNITY COLLEGE, UT UTAH COLLEGE OF APPLIED TECHNOLOGY, UT STATE AGENCIES ADMIN. SERVICES OFFICE BOARD OF MEDICAL EXAMINERS HAWAII CHILD SUPPORT ENFORCEMENT AGENCY 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 Requirements for National Cooperative Contract Page 56 of 57 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, 26r" JUDICIAL DISTRICT ATTORNEY STATE OF UTAH Requirements for National Cooperative Contract Page 57 of 57 LL z O 11) N 0 U {b O W ►- u z a o o 0 0 0 0 0 o S 0 o 0 O 0 O g 0 o g 0 o 0 0 0 0 0 0 sz o vF 0 vF 0 vF 0 � 0 � 0 vF 0 vF 0 � 0 v> 0 v> 0 vF 0 vF 0 vF 0 vF O v> c r 0 Z V W 0 S 'um uj a r- N J W W 0 j jU W !t!� U U U u U U U U U u U V J a y� O v 6J 41 N 41 N N N W 41 t N C 41 C W C N C N C J C C C C C C C C C C C C C C C C C C C C C t C C w u U U U u U U U u U u U U U U V a i aqj Ln L LL L rl ~ X — W m-le Z O i „Ln,'� f0 z 0) U L Y m °Ln .4 c YIn f0 a ta z 0 =Im a 2 a m w a N ao m a_a ro J to LU X a R t 00 Li 00 Ln K O 2 J, O X `n Ln M LLIv v 0 IT x v v 0 m m `O e" J X M O C L fM X Ox C C W C J ti W C M W C x :7 N C N N L C 7( J L C x iC C J c cu J J C J C� C J CC� C Y D J m m m z a oc gp W cmc c G W OL z VJ W � a z z a 0 z or m wu W cc Ga z z a i Ix a W K LL ~ 7 O Z O 4' a 0 0 0 0 0 0 0 0 a o g 0 a 0 o g o Z 0 VI 06 N N 6 in 06 VI N 6 Vf 0 V) 0 V} 6 V) o VI a V} o V} 6 V) o N d N H z 0 W F 0 u Z CC� W 0 d � O u cc a 4A J LL w d 0 F Q Z [n u i3 u u u CJ In CJ In CJ U1 U J 0. 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O bo N R a Ln x O X I..L r d o co g p x e W ,b 00 x Ln r-4, 00 v d 0 E VI m oo � i " x "co Ln -o`o "ono x o n b _" o Of w m U 4A b ov a Q ar i� y N W Q n N r4 41 O N m ai O W O H N H 16 j H O 7 G m m 16 > 'C: O H O d O 1= v� O K C p .L.+ a] 41 a m C u 00 Id Y Y d m 0 +m w+ O O 6 Vl •0 m w O CL 2 F- U Y VVj L m U O L^ O ✓pi ai a U H O z � W cmc � G z � ~ W u °o � g a a 0 z c W W a u z a D z a W LO W LL Q z 0 0 0 ATTACHMENT C HOUSING AND URBAN DEVELOPMENT (HUD) 5369-B 5369-C 5370-C Section 1 SECTION 3 Instructions to Offerors Non -Construction aareparatlon of Offers U.S. Department of Housing 1111111' and Urban Development - a329t - Office of Public and Indian Housing (a) Offerors are expected to examine the statement of work, the proposed contract terms and conditions, and ail instructions. Failure to do so will be at the offeror's risk. (b) Each offeror shall furnish the information required by the solicita- tion. The offeror shall sign the offer and print or type Its name on the cover sheet and each continuation sheet on which it makes an entry. Erasures or other changes must be initiated by the person signing the offer. Offers signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously fumished to the HA. (c) Offers for services other than those specified will not be consid- ered. 2. Submission of Offers (a) Offers and modifications thereof shall be submitted in sealed envelopes or packages (1) addressed to the office specified in the solicitation, and (2) showing the time specified for receipt, the sollcita- tion number, and the name and address of the offeror. (b) Telegraphic offers will not be considered unless authorized by the solicitation; however, offers may be modelled by written or telegraphic notice. (c) Facsimile offers, modifications or withdrawals will not be consid- ered unless authorized by the solicitation. 9 Amendmerds to Solicitations c ,f this solicitation is amended, then all terms and conditions which are not modified remain unchanged (b) Offerors shall acknowledge receipt of any amendments to this solicitation by (1) signing and returning the amendment; (2) identifying the amendment number and date in the space provided for this purpose on the form for submitting an offer, (3) letter or telegram, or (4) facsimile, it facsimile offers are authorized In the solicitation. The HAMUD must receive the acknowledgment by the time specified for receipt of offers. 4. Explanation to Prospective Offerors Any prospective offeror desiiing an explanation or interpretation of the solicitation, statement of woric, etc., must request it in writing soon enough to allow a reply to reach all prospective offerors before the submission of their offers. Oral explanations or instructions given before the award of the contract will not be binding. Any information given to a prospective offeror concerning a solicitation will be fumished prorTptly to all other prospective offerors as an amendment of the solicitation, H that Information is necessary in submitting offers or If the lack of it would be prejudicial to any other prospective offerors. S. Responsibility of Prospective Contractor (a) The HA shall award a contract only to a responsible prospective contractor who is able to perform successfully under the terms and conditions of the proposed contract. To be detenlined responsible, apective contractor must - (1) Have adequatefinanclai resources to perform the contract, or the ability to obtain them; (2) Have a satisfactory performance record; (3) Have a satisfactory record of integrity and business ethics; (4) Have a satisfactory record of compliance with public policy (e.g., Equal Employment Opportunity); and (5) Not have been suspended, debarred, or otherwise determined to be ineligible for award of contracts by the Department of Housing and Urban Development or any other agency of the U.S. Govemment. Current Isis of ineligible contractors are available for inspection at the HAMUD. (b) Before an offer is considered for award, the offeror may be requested by the HA to submit a statement or other documentation regarding any of the foregoing requirements. Failure by the offerorto provide such additional information may render the offeror ineligiblefor award. 6. Late Submissions, Modifications, and Withdrawal of Offers (a) Any offer received at the place designated in the solicitation after the exact time specified for receipt will not be considered unless It is received before award Is made and lt - (1) Was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of offers (e.g., an otter submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 15th); (2) Was sent by mail, or if authorized by the solicitation, was sent by telegram or via facsimile, and it is determined by the HA! HUD that the late receipt was due solely to mishandling bythe HAMUD after receipt at the HA; (3) Was sent by U.S. Postal Service Express Mail Next Day Service - Post Office to Addressee, not later than 5:00 p.m. at the place of mailing two working days pdorto the date specified for receipt of proposals. The term 'working days" excludes weekends and U.S. Federal holidays; or (4) Is the only offer received. (b) Any modification of an offer, except a modification resulting from the HA's request to r best and final offer (if this solicitation is a request for proposals), is subject to the same conditions as In subparagraphs (a)(1), (2), and (3) of this provision. (c) A modification resulting from the HA's request for best and final" offer received after the time and date specified in the request will not beconsidered unless received before award and the late receipt isdue solely to mishandling by the HA after receipt at the HA. (d) The only acceptable evidence to establish the date of mailing of a late offer, modification, or withdrawal sent either by registered or certified mail is the U.S. or Canadian Postal Service postmark both on the envelope or wrapper and on the original receipt from the U.S. or Canadian Postal Service. Both postmarks must show a legible date or the offer, modification, or withdrawal shall be processed as If mailed late. "Postmark" means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine Impression) that is readily identlfiable without further action as having been supplied and affixed by employees of the U.S. or Canadian Postal Service on the date of mailing. Therefore, offerors should request the postal clerkto place a hand cancellation bull's-eye postmark on both the receipt and the envelope or wrapper. (e) The only acceptable evidence to establish thetime of receipt atthe HA Is the timatdate stamp of HA on the offer wrapper or other documentary evidence of receipt maintained by the HA. Previous edition is obsolete page 1 of 2 rorm HUD-6369-8 OW) ref. Handbook 7460.5 (1) The only acceptable evidence to establish the date of mailing of a late offer, modification, or withdrawal sent by lExpress Mail Next Day Service -Post Office to Addressee is the date entered by the post office receiving clerk on the "Express Mail Next Day Service -Post Office to Addressee" label and the postmark on both the envelope or wrapper and on the original receipt from the U.S. Postal Service. `Postmark" has the some meaning as defined in paragraph (c) of this provision, excluding postmarks of the Canadian Postal Service. Therefore, offerors should request the postal clerk to place a legible hand cancellation bull's eye postmark on both the receipt and the envelope or wrapper. (g) Notwithstanding paragraph (a) of this provision, a late modification of an otherwise successful offer that makes its terms more favorable to the HA will be considered of any time it Is received and may be accWed- (h) If this solicitation is a request for proposals, proposals may be withdrawn by written notice, or If authorized by this solicitation, by telegram (including mailgram) or facsimile machine transmission received at any time before award. Proposals may be withdrawn In person by a offeror or its authorized representative If the Identity of the person requesting withdrawal Is established and the person signs a receipt for the offer before award. K this solicitation is an Invitation for bids, bids may be withdrawn at any time prior to bid opening. 7. Contract Award (a) The HA will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageoustothe HA, cost or priceand otherf actors, specified elsewhere In this solicitation, considered. (b) The HA may (1) reject any or at offers a such action Is in the HA's Interest, (2) accept other than the lowest offer, (3) waive Informalities and minor irregularities in offers received, and (4) award more than one contract for all or part of the requirements stated. (c) if this solicitation is a request for proposals, the HA may award a contract on the basis of initial offers received, without discussions. Therefore, each initial offer should contain the offeroes best terms from a cast or price and technical standpoint- (d) A written award or acceptance of offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer shall result in a binding contract without further action by either party. If this solicitation is a request for proposa- beforethe dfer's specified expiration time, the HA may accept an offs whether or not there are negotiations after its receipt, unless a written notice of withdrawal Is received before award. Negotiations conducted after receipt of an offer do not constitute a rejection or counteroffer by the HA. (e) Neither financial data submitted with an offer, nor representations concerning facilities or financing, wilt form a part of the resulting contract. 8. Service of Protest Any protest against the award of acontract pursuant to this solicitation shall be served on the HA by obtaining written and dated acknowledg- ment of receipt from the HA at the address shown on the cover of this solicitation. The determination of the HA with regard to such protest or to proceed to award notwithstanding such protest shall be final unless appealed by the protestor. 9. Offer Submission Offers shall be submitted as follows and shall be enclosed in a sealed envelope and addressed to the off ice specified In the solicitation. The proposal shall show the }your and date specified in the solicitation for receipt, the solirdtetlo n number, and the name and address of the offeror, on the face of the envelope, It is very Important that the offer be property Identified on the face of the envelope as set forth above In order to insure that the date and time of receipt Is stamped on the face of the offer envelope. Receiving procedures are: date and time stamp those envelopes Identified as proposals and dellverthem Immediately to the appropriate contract' official, end only date stamp those envelopes which do not con. Identification of the contents and deliver them to the appropriate procuring activity only through the routine mall delivery procedure. [Describe bid or proposal preparation Instructions here:) Previas edition is otssokft page 1 of 2 form Huo-536" (9M ref. Handbook 7460.1 5369-G Certifications and Representations of Offerors Non -Construction Contract U.S. Department of Housing OMB Approval No:2577-0180 (exp. MOW) and Urban Development Office of Public and Indian Housing Public reporting burden for this collection of information is estimated to average 5 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information. This form includes clauses required by OMB's common rule on biddingloffering procedures, implemented by HUD in 24 CFR 85.36. and those requirements setforth in Executive Order 11625 for small, minority, women -owned businesses, and certifications for independent price determination, and conflict of interest. The form is required for nonconstructlon contracts awarded by Housing Agencies (HAs). The form is used by bidders/offerors to certify to the HA's Contracting Officer for contrast compliance. It the form were not used, HAs would be unable to enforce their contracts. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend Itself to confidentiality. 1. Contingent Fee Representation and Agreement (a) The bidder/offeror represents and certifies as part of its bid/ offer that, except for full-time bona fide employees working solely for the bidder/offeror, the bidder/offeror: (1) [ ] has, [ ] has not employed or retained any person or company to solicit or obtain this contract; and (2) [ ] has, [ ] has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract. (b) if the answer to either (a)(1) or (a) (2) above is affirmative, the bidder/offeror shall make an immediate and full written disclosure to the PHA Contracting Officer. (c) Any misrepresentation by the bidder/offeror shall give the PHA the right to (1) terminate the resultant contract; (2) at its discretion, to deduct from contract payments the amount of any commission, percentage, brokerage, or other contingent fee; or (3) take other remedy pursuant to the contract. 2. Small, Minority, Women -Owned Business Concern Rep- resentation The bidder/offeror represents and certifies as part of its bid/ offer that it: (a) [ ] is, [ ] is not a small business concern. "Small business concern," as used in this provision, means a concern, includ- ing its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding, and qualified as a small business under the criteria and size standards in 13 CFR 121. (b) [ ] is, [ ] is not a women -owned small business concern. "Women -owned," as used in this provision, means a small business that is at least 51 percent owned by a woman or women who are U.S. citizens and who also control and operate the business. (c) [ ] is, [ ] is not a minority enterprise which, pursuant to Executive Order 11625, is defined as a business which is at least 51 percent owned by one or more minority group members or, in the case of a publicly owned business, at least 51 percent of its voting stock is owned by one or more minority group members, and whose management and daily operations are controlled by one or more such individuals. For the purpose of this dcfmition, minority group members are: (Check the block applicable to you) [ ] Black Americans [ ] Asian Pacific Americans [ ] Hispanic Americans [ ] Asian Indian Americans [ ] Native Americans [ ] Hasidic Jewish Americans 3. Certificate of Independent Price Determination (a) The bidder/offeror certifies that— (1) The prices in this bid/offer have been arrived at indepen- dently, without, for the purpose of restricting competi- tion, any consultation, communication, or agreement with any other bidder/offeror or competitor relating to (i) those prices, (ii) the intention to submit a bid/offer, or (iii) the methods or factors used to calculate the prices offered; (2) The prices in this bid/offer have not been and will not be knowingly disclosed by the bidder/offeror, directly indirectly, to any other bidder/offeror or competitor b fore bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the bidder/ offeror to induce any other concern to submit or not to submita bid/offer for the purposeof restricting competition. (b) Each signature on the bid/offer is considered to be a certifi- cation by the signatory that the signatory: (1) Is the person in the bidder/offeror's organization respon- sible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subpara- graphs (a)(1) through (a)(3) above; or (2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above (insert full name of person(s) in the bidder/offeror's organization responsible for determining the prices of- fered in this bid or proposal, and the title of his or her position in the bidder/offeror's organization); (ii) As an authorized agent, does certify that the princi- pals named in subdivision (b)(2)(i) above have not par- ticipated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and form HUD-5389-C (6/93) Previous edition is obsolete page 1 of 2 ref. Handbook 7460.8 (iii) As an agent, has not personally participated, and will 6. Conflict or Interest not participate in any action contrary to subparagraphs In the absence of any actual or apparent conflict, the offeror, by (a)(l) through (a)(3) above. submission of a proposal, hereby warrants that to the best of its If the bidder/offeror deletes or modifies subparagraph (a)2 knowledge and belief, no actual or apparent conflict of interest above, the bidder/offeror must furnish with its bid/offer a exists with regard to my possible performance of this procure - signed statement setting forth in detail the circumstances of ment, as described in the clause in this solicitation titled "Orga- the disclosure. nizational Conflict of Interest." 4. Organizational Conflicts of Interest Certification (a) The Contractor warrants that to the best of its knowledge and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the nature of work under a proposed contract and a prospective contractor's organizational, fi- nancial, contractual or other interest are such that: (i) Award of the contract may result in an unfair competi- tive advantage; (ii) The Contractor's objectivity in performing the con- tract work may be impaired; or (iii) That the Contractor has disclosed all relevant infor- mation and requested the HA to make a determination with respect to this Contract. (b) The Contractor agrees that if after award he or she discovers an organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclo- sure in writing to the HA which shall include a description of the action which the Contractor has taken or intends to eliminate or neutralize the conflict. The HA may, however, terminate the Contract for the convenience of HA if it would be in the best interest of HA. (c) In the event the Contractor was aware of an organizational conflict of interest before the award of this Contract and intentionally did not disclose the conflict to the HA, the HA may terminate the Contract for default. (d) The Contractor shall require a disclosure or representation from subcontractors and consultants who may be in a position to influence the advice or assistance rendered to the HA and shall include any necessary provisions to eliminate orneutralize conflicts of interest in consultant agreements or subcontracts involving performance or work under this Contract. S. Authorized Negotiators (RFPs only) The offeror represents that the following persons are authorized to negotiate on its behalf with the PHA in connection with this request for proposals: (list names, titles, and telephone numbers of the authorized negotiators): 7. OReror's Signature The offeror hereby certifies that the information contained in these certifications and representations is accurate, complete, and current. Signature & Date: Typed or Printed Name: Title. form HUD-5369-C (8/93) Provlous ed1lon Is obsolete page 2 of 2 rat Hanomook 7480.8 5370-Cl General Conditions for Non -Construction U.S. Department of Housing and Urban Contracts Development Office of Public and Indian Housing Section I — (With or without Maintenance Work) Office of Labor Relations OMB Approval No. 2577-0157 (exo, 1/31/2017 Public Reporting Burden for this collection of information is estimated to average 0.08 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.O. 20410-3600; and to the Office of Management and Budget, Paperwork Reduction Project (2577-0157), Washington, D.C. 20503. Do not send this completed forth to either of these addressees. Applicability. This form HUD-5370-C has 2 Sections. These Sections must be inserted into non -construction contracts as described below: 1) Non -construction contracts (without maintenance) greater than $100,000 - use Section I; 2) Maintenance contracts (including nonroutine maintenance as defined at 24 CFR 968.105) greater than $2,000 but not more than $100,000 - use Section II; and 3) Maintenance contracts (including nonroutine maintenance), greater than $100,000 — use Sections I and II. Section I - Clauses for All Non -Construction Contracts greater than $100,000 1. Definitions The following definitions are applicable to this contract: (a) "Authority or Housing Authority (HA)" means the Housing Authority. (b) "Contract" means the contract entered into between the Authority and the Contractor. It includes the contract form, the Certifications and Representations, these contract clauses, and the scope of work. It includes all formal changes to any of those documents by addendum, Change Order, or other modification. (c) "Contractor' means the person or other entity entering into the contract with the Authority to perform all of the work required under the contract. (d) "Day" means calendar days, unless otherwise stated. (e) "HUD" means the Secretary of Housing and Urban development, his delegates, successors, and assigns, and the officers and employees of the United States Department of Housing and Urban Development acting for and on behalf of the Secretary. 2. Changes (a) The HA may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in the services to be performed or supplies to be delivered. (b) If any such change causes an increase or decrease in the hourly rate, the not -to -exceed amount of the contract, or the time required for performance of any part of the work under this contract, whether or not changed by the order, or otherwise affects the conditions of this contract, the HA shall make an equitable adjustment in the not -to -exceed amount, the hourly rate, the delivery schedule, or other affected terms, and shall modify the contract accordingly. (c) The Contractor must assert its right to an equitable adjustment under this clause within 30 days from the date of receipt of the written order. However, if the HA decides that the facts justify it, the HA may receive and act upon a proposal submitted before final payment of the contract. (d) Failure to agree to any adjustment shall be a dispute under clause Disputes, herein. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. (e) No services for which an additional cost or fee will be charged by the Contractor shall be furnished without the prior written consent of the HA. 3. Termination for Convenience and Default (a) The HA may terminate this contract in whole, or from time to time in part, for the HA's convenience or the failure of the Contractor to fulfill the contract obligations (default). The HA shall terminate by delivering to the Contractor a written Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall: (i) immediately discontinue all services affected (unless the notice directs otherwise); and (ii) deliver to the HA all information, reports, papers, and other materials accumulated or generated in performing this contract, whether completed or in process. (b) If the termination is for the convenience of the HA, the HA shall be liable only for payment for services rendered before the effective date of the termination. (c) If the termination is due to the failure of the Contractor to fulfill its obligations under the contract (default), the HA may (i) require the Contractor to deliver to it, in the manner and to the extent directed by the HA, any work as described in subparagraph (a)(ii) above, and compensation be determined in accordance with the Changes clause, paragraph 2, above; (ii) take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable for any additional cost incurred by the HA; (iii) withhold any payments to the Contractor, for the purpose of off -set or partial payment, as the case may be, of amounts owed to the HA by the Contractor. (d) If, after termination for failure to fulfill contract obligations (default), it is determined that the Contractor had not failed, the termination shall be deemed to have been effected for the convenience of the HA, and the Contractor shall been titled to payment as described in paragraph (b) above. (e) Any disputes with regard to this clause are expressly made subject to the terms of clause titled Disputes herein. 4. Examination and Retention of Contractor's Records (a) The HA, HUD, or Comptroller General of the United States, or any of their duly authorized representatives shall, until 3 years after final payment under this contract, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions. Section I - Page 1 of 6 form HUD-5370-C (01/2014) (b) The Contractor agrees to include in first -tier subcontracts under this contract a clause substantially the same as paragraph (a) above. "Subcontract," as used in this clause, excludes purchase orders not exceeding $10,000. (c) The periods of access and examination in paragraphs (a) and (b) above for records relating to: (i) appeals under the clause titled Disputes; (ii)iitigation or settlement of claims arising from the performance of this contract; or, (iii) costs and expenses of this contract to which the HA, HUD, or Comptroller General or any of their duly authorized representatives has taken exception shall continue until disposition of such appeals, litigation, claims, or exceptions. 5. Rights in Data (Ownership and Proprietary Interest) The HA shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials and documents discovered or produced by Contractor pursuant to the terms of this Contract, including but not limited to reports, memoranda or letters concerning the research and reporting tasks of this Contract. 6. Energy Efficiency The contractor shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163) for the State in which the work under this contract is performed. 7. Disputes (a) All disputes arising under or relating to this contract, except for disputes arising under clauses contained in Section 111, Labor Standards Provisions. including any claims for damages for the alleged breach there of which are not disposed of by agreement, shall be resolved under this clause. (b) All claims by the Contractor shall be made in writing and submitted to the HA. A claim by the HA against the Contractor shall be subject to a written decision by the HA. (c) The HA shall, with reasonable promptness, but in no event in no more than 60 days, render a decision concerning any claim hereunder. Unless the Contractor, within 30 days after receipt of the HA's decision, shall notify the HA in writing that it takes exception to such decision, the decision shall be final and conclusive. (d) Provided the Contractor has (i) given the notice within the time stated in paragraph (c) above, and (ii) excepted its claim relating to such decision from the final release, and (iii) brought suit against the HA not later than one year after receipt of final payment, or if final payment has not been made, not later than one year after the Contractor has had a reasonable time to respond to a written request by the HA that it submit a final voucher and release, whichever is earlier, then the HA's decision shall not be final or conclusive, but the dispute shall be determined on the merits by a court of competent jurisdiction. (e) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the HA. B. Contract Termination; Debarment A breach of these Contract clauses may be grounds for termination of the Contract and for debarment or denial of participation in HUD programs as a Contractor and a subcontractor as provided in 24 CPR Part 24. 9. Assignment of Contract The Contractor shall not assign or transfer any interest in this contract; except that claims for monies due or to become due from the HA under the contract may be assigned to a bank, trust company, or other financial institution. If the Contractor is a partnership, this contract shall inure to the benefit of the surviving or remaining member(s) of such partnership approved by the HA. 10. Certificate and Release Prior to final payment under this contract, or prior to settlement upon termination of this contract, and as a condition precedent thereto, the Contractor shall execute and deliver to the HA a certificate and release, in a form acceptable to the HA, of all claims against the HA by the Contractor under and by virtue of this contract, other than such claims, if any, as may be specifically excepted by the Contractor in stated amounts set forth therein. 11. Organizational Conflicts of Interest (a) The Contractor warrants that to the best of its knowledge and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the nature of work under this contract and a contractors organizational, financial, contractual or other interests are such that: (i) Award of the contract may result in an unfair competitive advantage; or (ii) The Contractor's objectivity in performing the contract work may be impaired. (b) The Contractor agrees that if after award it discovers an organizational conflict of interest with respect to this contract or any taskidelivery order under the contract, he or she shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or intends to take to eliminate or neutralize the conflict. The HA may, however, terminate the contract or task/delivery order for the convenience of the HA if it would be in the best interest of the HA. (c) In the event the Contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the Contracting Officer, the HA may terminate the contract for default. (d) The terms of this clause shall be included in all subcontracts and consulting agreements wherein the work to be performed is similar to the service provided by the prime Contractor. The Contractor shall include in such subcontracts and consulting agreements any necessary provisions to eliminate or neutralize conflicts of interest. 12. Inspection and Acceptance (a) The HA has the right to review, require correction, if necessary, and accept the work products produced by the Contractor. Such review(s) shall be carried out within 30 days so as to not impede the work of the Contractor. Any Section I - Page 2 of 6 form HUD-5370-C (0112014) product of work shall be deemed accepted as submitted if the HA does not issue written comments and/or required corrections within 30 days from the date of receipt of such product from the Contractor. (b) The Contractor shall make any required corrections promptly at no additional charge and return a revised copy of the product to the HA within 7 days of notification or a later date if extended by the HA. (c) Failure by the Contractor to proceed with reasonable promptness to make necessary corrections shall be a default, If the Contractors submission of corrected work remains unacceptable, the HA may terminate this contract (or the task order involved) or reduce the contract price or cost to reflect the reduced value of services received. 13. Interest of Members of Congress No member of or delegate to the Congress of the United States of America or Resident Commissioner shall be admitted to any share or part of this contract or to any benefit to arise there from, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. 14. Interest of Members, Officers, or Employees and Former Members, Officers, or Employees No member, officer, or employee of the HA, no member of the governing body of the locality in which the project is situated, no member of the governing body in which the HA was activated, and no other pubic official of such locality or localities who exercises any functions or responsibilities with respect to the project, shall, during his or her tenure, or for one year thereafter, have any interest, direct or indirect, in this contract or the proceeds thereof. 15. Limitation on Payments to Influence Certain Federal Transactions (a) Definitions. As used in this clause: "Agency", as defined in 5 U.S.C. 552(f), includes Federal executive departments and agencies as well as independent regulatory commissions and Government corporations, as defined in 31 U.S.C. 9101(1). "Covered Federal Action" means any of the following Federal actions: (i) The awarding of any Federal contract; (H) The making of any Federal grant; (III) The making of any Federal loan; (iv) The entering into of any cooperative agreement; and, (v) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Covered Federal action does not include receiving from an agency a commitment providing for the United States to insure or guarantee a loan. "Indian tribe" and "tribal organization" have the meaning provided in section 4 of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450B). Alaskan Natives are included under the definitions of Indian tribes in that Act. "influencing or attempting to influence" means making, with the intent to influence, any communication to or appearance before 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 any covered Federal action. "Local government' means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government. "Officer or employee of an agency" includes the following individuals who are employed by an agency: (i) An individual who is appointed to a position in the Government under title 5, U.S.C., including a position under a temporary appointment; (ii) A member of the uniformed services as defined in section 202, title 18, U.S.C.; (lii) A special Government employee as defined in section 202, title 18, U.S.C.; and, (iv) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, title 5, appendix 2. "Person" means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or other Indian organization with respect to expenditures specifically permitted by other Federal law. "Recipient" includes all contractors, subcontractors at any tier, and subgrantees at any tier of the recipient of funds received in connection with a Federal contract, grant, loan, or cooperative agreement. The term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law. "Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement, an officer or employee who is employed by such person for at least 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract, grant, loan, or cooperative agreement. An officer or employee who is employed by such person for less than 130 working days within one year immediately preceding the date of submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days. "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and a multi -State, regional, or interstate entity having governmental duties and powers. (b) Prohibition. (i) Section 1352 of title 31, U.S.C, provides in part that no appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay 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 any of the following covered Federal actions: 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, of cooperative agreement. (ii) The prohibition does not apply as follows: Section I - Page 3 of 6 form HUD-5370-C (0112014) (1) Agency and legislative liaison by Own Employees. (a) The prohibition on the use of appropriated funds, in paragraph (i) of this section, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement, if the payment is for agency and legislative activities not directly related to a covered Federal aclion. (b) For purposes of paragraph (b)(i)(1)(a) of this clause, providing any information specifically requested by an agency or Congress is permitted at any time. (c) The following agency and legislative liaison activities are permitted at any time only where they are not related to a specific solicitation for any covered Federal action: (1) Discussing with an agency (including individual demonstrations) the qualities and characteristics of the person's products or services, conditions or terms of sale, and service capabilities; and, (2) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agents use. (d) The following agency and legislative liaison activities are permitted where they are prior to formal solicitation of any covered Federal action: (1) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action; (2) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and (3) Capability presentations by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Public Law 95-507 and other subsequent amendments. (e) Only those activities expressly authorized by subdivision (b)(ii)(1)(a) of this clause are permitted under this clause. (2) Professional and technical services. (a) The prohibition on the use of appropriated funds, in subparagraph (b)(i) of this clause, does not apply in the case of- (i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. (ii) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations. (b) For purposes of subdivision (b)(ii)(2)(a) of clause, "professional and technical services" shall be limited to advice and analysis directly applying any professional or technical discipline. (c) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation, or reasonably expected to be required by law or regulation, and any other requirements in the actual award documents. (d) Only those services expressly authorized by subdivisions (b)(il)(2)(a)(1) and (6) of this section are permitted under this clause. (iii) Selling activities by independent sales representatives. (c) The prohibition on the use of appropriated funds, in subparagraph (b)(i) of this clause, does not apply to the following selling activities before an agency by independent sales representatives, provided such activities are prior to formal solicitation by an agency and are specifically limited to the merits of the matter: (i) Discussing with an agency (including individual demonstration) the qualities and characteristics of the person's products or services, conditions or terms of sale, and service capabilities; and (ii) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use. (d) Agreement. In accepting any contract, grant, cooperative agreement, or loan resulting from this solicitation, the person submitting the offer agrees not to make any payment prohibited by this clause. (e) Penalties. Any person who makes an expenditure prohibited under paragraph (b) of this clause shall be subject to civil penalties as provided for by 31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable. (f) Cost Allowability. Nothing in this clause is to be interpreted to make allowable or reasonable any costs which would be unallowable or unreasonable in accordance with Part 31 of the Federal Acquisition Regulation (FAR), or OMB Circulars dealing with cost allowability for recipients of assistance agreements. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any of the provisions of FAR Part 31 or the relevant OMB Circulars. Section I - Page 4 of 6 form HUD-5370-C (01 /2014) 16. Equal Employment Opportunity During the performance of this contract, the Contractor agrees as follows: (a) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. (b) The Contractor shall 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 (1) employment; (2) upgrading; (3) demotion; (4) transfer; (5) recruitment or recruitment advertising; (6) layoff or termination; (7) rates of pay or other forms of compensation; and (8) selection for training, including apprenticeship. (c) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (d) The Contractor shall, 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, or national origin. (e) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. (f) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. (g) The Contractor shall furnish all information and reports required by Executive Order 11246, as amended and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto. The Contractor shall permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (h) In the event of a determination that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, 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 under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided bylaw. (i) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. The Contractor shall take such action with respect to any subcontractor or purchase order as the Secretary of Housing and Urban Development or the Secretary of Labor may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided that if 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 the litigation to protect the interests of the United States. 17. Dissemination or Disclosure of Information No information or material shall be disseminated or disclosed to the general public, the news media, or any person or organization without prior express written approval by the HA. 18. Contractor's Status It is understood that the Contractor is an independent contractor and is not to be considered an employee of the HA, or assume any right, privilege or duties of an employee, and shall save harmless the HA and its employees from claims suits, actions and costs of every description resulting from the Contractor's activities on behalf of the HA in connection with this Agreement. 19. Other Contractors HA may undertake or award other contracts for additional work at or near the site(s) of the work under this contract. The contractor shall fully cooperate with the other contractors and with HA and HUD employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or HA employee. 20. Liens The Contractor is prohibited from placing a lien on HA's property. This prohibition shall apply to all subcontractors. 21. Training and Employment Opportunities for Residents in the Project Area (Section 3, HUD Act of 1968; 24 CFR 135) (a) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (b) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of Section i - Page 5 of 6 form HUD-5370-C (01i2014) apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (d) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. (a) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. (f) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 22. Procurement of Recovered Materials (a) In accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, the Contractor shall procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. The Contractor shall procure items designated in the EPA guidelines that contain the highest percentage of recovered materials practicable unless the Contractor determines that such items: (1) are not reasonably available in a reasonable period of time; (2) fail to meet reasonable performance standards, which shall be determined on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item; or (3) are only available at an unreasonable price. (b) Paragraph (a) of this clause shall apply to items purchased under this contract where: (1) the Contractor purchases in excess of $10,000 of the item under this contract; or (2) during the preceding Federal fiscal year, the Contractor: (i) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and (ii) purchased a total of in excess of $10,000 of the item both under and outside that contract. Section I - Page 6 of 6 form HUD-5370-C (01/2014) SECTION 3 CLAUSE SECTION 3 CLAUSE: Sec. 135.38 Section 3 clause. All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). HUD Act of 1968, Section 3 Requirements, as revised June 30, 1994: The successful Contractor shall comply with the provisions of Section 3 as set forth in 24 CFR part 135 and all other applicable rules in the firing of replacement and new personnel. Interested offerors shall complete and submit necessary forms from Section 3 Special Conditions with their offer. Contract amount will be the total labor, materials, overhead, change orders and other costs relative to the project. Total labor dollars shall mean 35% of the contract amount. A sliding scale to calculate the Section 3 obligation shall apply in determining the contractual obligation due. The general Section 3 requirements are shown as Section 3 Special Conditions in this Request for Qualifications. Contact Yvette Hurley at (520) 837-5314 with all questions regarding the Section 3 Clause and Section 3 Special Conditions. CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSALS NO.202329 JANITORIAL AND SANITATION SUPPLIES, EQUIPMENT, AND RELATED SERVICES AMENDMENT NO. ONE (1) DATE ISSUED: NOVEMBER 13, 2019 The referenced document has been modified as per the attached Amendment No. 1. Please sign this Amendment where designated and return the executed copy with your submittal. This amendment is hereby made part of the referenced solicitation as though fully set forth therein. Any questions regarding this amendment should be addressed to ANDREW KLOS, Senior Contract Officer at (520) 837-6685 or Andrew.Klos@tucsonaz.gov. DEPARTMENT OF PROCUREMENT ADMINISTRATION . DESIGN AND CONSTRUCTION SERVICES • GOODS AND SERVICES MAIL SERVICES • S.A.M.M. (SURPLUS AUCTION MATERIALS MANAGEMENT) CITY HALL • 266 W. ALAMEDA • P.O. BOX 27210 • TUCSON, AZ 85726-7210 (520) 791-4217 FAX (520) 791.4735 • TTY (520) 791-2639 t��rt�.tuc;>crnlrrc>�:ur�w�nP.cc�rn REQUEST FOR QUALIFICATIONS AMENDMENT CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 P.O. BOX 27210, TUCSON, AZ 85726 Phone: (520) 837-6685 ISSUE DATE: OCTOBER 28, 2019 RFQ NO.: 202329 RFP AMENDMENT NO.: 1 PAGE 2 of 3 DUE DATE: FRIDAY, DECEMBER 6, 2019 RESPONSIBLE CONTRACT OFFICER: ANDREW KILOS JANITORIAL AND SANITATION SUPPLIES, EQUIPMENT, AND RELATED SERVICES A SIGNED COPY OF THIS AMENDMENT MUST BE SUBMITTED WITH YOUR SUBMITTAL. THIS RFQ IS AMENDED AS FOLLOWS: ITEM 1: DUE DATE Submittal Due Date Remains Friday, December 6, 2019 at 2:00 PM Local AZ Time. ITEM 2: CORRECTION OF TERM AND RENEWAL Paragraph 3 (Term and Renewal) of the Special Terms and Conditions shall be replaced in its entirety with the following: 3. TERM AND RENEWAL: The term of the Contract shall commence upon award and shall remain in effect for a period of three (3) years, unless terminated, canceled or extended as otherwise provided herein. The Contractor agrees that the City of Tucson shall have the right, at its sole option, to renew the Contract for one (1) additional two-year period or portions thereof. In the event that the City exercises such rights, all terms, conditions and provisions of the original Contract shall remain the same and apply during the renewal period with the possible exception of price and minor scope additions and/or deletions. ITEM 3: QUESTION & ANSWER The City has received the following question. The question, along with the City's response, is provided below: Question One: If my firm will be taking exceptions to the Omnia National Agreement, are we precluded from being awarded this contract? Answer: Taking exceptions to the Omnia Administrative agreement, which is part of the City's solicitation, does not preclude your firm from offering on the solicitation. However, the Administrative Agreement with Omnia Partners will be negotiated between Omnia and the selected supplier at the time of award. In accordance with Instructions to Offerors, Paragraph 10 (Exceptions to Contract Provisions): "Offerors who wish to propose modifications to the contract provisions must clearly identify the proposed deviations and any proposed substitute language. The provisions of the Request for Proposal cannot be modified without the express written approval of the Director or his designee. If a proposal or offer is returned with modifications to the contract provisions that are not expressly approved in writing by the Director or his designee, the contract provisions contained in the City's Request for Proposal shall prevail." 02117 REQUEST FOR QUALIFICATIONS AMENDMENT CITY OF TUCSON DEPARTMENT OF PROCUREMENT RFQ NO.: 202329 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 RFP AMENDMENT NO.: 1 P.O. BOX 27210, TUCSON, AZ 85726 PAGE 3 of 3 Phone: (520) 837-6685 DUE DATE: FRIDAY, DECEMBER 6, 2019 ISSUE DATE: OCTOBER 28, 2019 RESPONSIBLE CONTRACT OFFICER: ANDREW KILOS **END OF AMENDMENT** ALL OTHER PROVISIONS OF THE REQUEST FOR PROPOSAL SHALL REMAIN IN THEIR ENTIRETY. VENDOR HEREBY ACKNOWLEDGES RECEIPT AND UNDERSTANDING OF THE ABOVE AMENDMENT. Signature Date Company Name Name and Title Address City State Zip 02117 CITY OF TUCSON REQUEST FOR PROPOSAL REQUEST FOR PROPOSAL NUMBER: PROPOSAL DUE DATE: PROPOSAL SUBMITTAL LOCATION: MATERIAL OR SERVICE: PRE -PROPOSAL CONFERENCE DATE: TIME: 202329 DECEMBER 6, 2019, AT 2:00 P.M. LOCAL AZ TIME Department of Procurement 255 W. Alameda, 61' Floor, Tucson, AZ 86701 JANITORIAL AND SANITATION SUPPLIES, EQUIPMENT, AND RELATED SERVICES NOVEMBER 13, 2019 10:00 AM Local Arizona Time LOCATION: Room 113B, Building 1, Thomas O. Price Service Center, 4004 S Park Ave, Tucson, AZ 86726 Conference Bridge #: (832) 866-4663 Conference ID: 376588986 CONTRACT OFFICER: ANDREW KLOS, MBA TELEPHONE NUMBER: (520) 837-6685 Andrew. Klos@tucsonaz.gov A copy of this solicitation and possible future amendments may be obtained from our Internet site at. Pc)r.um( qLr IL)�Lvt..ccjLg0' by selecting the Bid Opportunities link and the associated solicitation number. The City does not mail out Notices of available solicitations via the U.S. Postal Service. Email notifications are sent to those interested offerors who are registered with us and who have selected email as their preferred delivery method. To register, please visit wti. crr� reana ,com, click on Vendors, then click on Vendor Registration. To update an existing record, click on Vendors, click on What's New?, and read the section titled "Notice of Solicitations." You may also call (520) 7914217 if you have questions. Competitive sealed proposals for the specified material or service shall be received by the Department of Procurement, 255 W. Alameda, 6th Floor, Tucson, Arizona 85701, until the date and time cited. Proposals must be in the actual possession of the Department of Procurement at the location indicated, on or prior to the exact date and time indicated above. Late proposals shall not be considered. The prevailing clock shall be the City Department of Procurement clock. Proposals must be submitted in a sealed envelope. The Request for Proposal number and the offeror's name and address should be clearly indicated on the outside of the envelope. All proposals must be completed in ink or typewritten. Questions must be addressed to the Contract Officer listed above. *ALERT**** All visitors to City Hall are now required to show picture identification when going through the security checkpoint in the main lobby. Visitors should plan accordingly. ak PUBLISH DATE: OCTOBER 28, 2019 Revised 1/2018 INTRODUCTION The City of Tucson (the "City") is requesting proposals from qualified and experienced firms to provide JANITORIAL AND SANITATION SUPPLIES. The City of Tucson requires a Contractor who provides a diverse and extensive supply of janitorial and sanitation supplies for delivery to various City locations in the Tucson metropolitan area and Participating Public Agencies, as well as a representative(s) to provide onsite product and service consultations, demonstrations, job/task cleaning direction and training. The City seeks a Contractor that can provide a broad supply of products and services to ensure the support of daily maintenance operations. The Contractor will have a sophisticated infrastructure including strategically located, nationwide distribution centers and employ professional sales representatives to provide effective, timely service to the City of Tucson and to Participating Public Agencies. Requirements and qualifications are defined in detail in the Scope of Services Section of this Request for Proposal (RFP). NATIONAL CONTRACT The City of Tucson as the Principal Procurement Agency, defined in Attachment A, 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. The City of Tucson 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 C, or as otherwise agreed to. Attachment A 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, OMNIA 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. OMNIA Partners provides shared services and supply chain optimization to government, education and the private sector. With corporate, pricing and sales commitments from the Offerors OMNIA Partners provides marketing and administrative support for the Contractor that directly promotes the Contractor'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 Contractor benefits from a contract that generally allows Participating Public Agencies to directly purchase goods and services without the Contractor's need to respond to additional competitive solicitations. As such, the Contractor must be able to accommodate a nationwide demand for services and to fulfill obligations as a nationwide Contractor and respond to the OMNIA Partners documents (Attachment A). The City of Tucson anticipates spending approximately $2 million over the full potential Master Agreement term for Janitorial and Sanitation Supplies, Equipment and Related Services. While no minimum volume is guaranteed to the Contractor, the estimated annual volume of Janitorial and Sanitation Supplies, Equipment and Related Services purchased under the Master Agreement through OMNIA Partners is approximately $110 million annual aggregate volume. This projection is based on the current annual volumes among the City of Tucson, 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 Supplier and OMNIA Partners. A. GENERAL REQUIREMENTS U a. Have a strong national presence in the janitorial and sanitation supply industry. NE I'WORK 1,-ias Ihad the privffege ofwork4ig with 'I fie Oty Of I'LIcson and OMNlA Panniers f(..)r almost tein years, provi&ig yot.jrjan"san requirements, Nationally we've giro in sales to $1 0('.)M rUn irate, State of P.-krizona $221M arild 'rhe City of 1� ucson $350K This has be(-.:Iin a te�airn effai t between I i,%e ("a-ity of 'rt,icson, �N ETWO RK , an d WAXI 1::E organ izaUons. Woir-kingtogethei'dii.jr-iiigbusiness riev'iewsanidjoils'iirsaescaIIsto agency nmmbers, we Ihave alignment in l:)kice to conflnUe erijoying tf-iils grow O i, Network Services National Presence in the Jan -San lndu!�try - Network Services Comparq was estabfished in . .. . ................ . .. .. _...... 3.968 to provide products and related services to corporate acccxmt customers on Ibehalf of our owner distdbutors" lodaV, NETWORK is North Arnerica's leading and Wgest dishibutoir of paper,janftoHal housekeie&ig and rnaintenance supplies, industrial packagft, food seirvk:e disposables, prinfirig paper and related pfoducts, With over $16 Ulhon in totM annuall sales, NErwORK manages nationM prograirrs as one organ izaflcm, consolidating the resources and strengths of more than 75 distributors, Operating over 400 distribuflon fac'ifities thr oughout North America, Canada, Mexico and the U.S. Vir& Islands; NE'rWORK proOdes a broad product selection, having buHt strategic alliances with the pndkjstrV's best h'i class manufactureim over the past 51, years, NEIWORK's award winning tecfknoiogy pWforrn and dedication to superior custorner service to over 1,300,000 custorner locations are omy some of the advantages NETWORK offers to corporate account custorners, N IE T'WO R K, as an organisation, fOCUSes rna in ly on fire s pecific business segWjr)e r0, s ��� TlIePubficSector, Corvinier6al Real Estate/Budding Services, Heafthcare, Foodservice, avid Industdal Packaging corporate accounts, Our prograrrm provide Fllexibihty, Accountability avid Exper-Use, as corripared to orie,size-fits-Al rnodek, CollabcriraflvOy we work together to find the soluflons that best fit your needs. We can suggest a menu of options and you select the progvaims you wish tc) ublize as sue guide V(..)u through the development of a custc"70zed distribution pro rare, �N l'1"WORK has national accc)unt clients tinder, contract that cover a wide range of qualfty products and delivery specifications arid lis veiry proud of' ouir consw.,ent oveiraifl compliance across theTie discr4ninating customers. The capabMues developed by NEIWORK 4-1 servicing niwlfiple fnarket: segments with product SoikjfiojruS for rnoire than 51. years gives NETWORK the scale and skUll to service a custorners sw:h as'T"he City of'T'mson, r6lated Participating Pubfic Agencles (FIPA's), avid OMNIA, ()uir average our, corporate account custorners been ser-iced bV NETWORK foir over, 15 years. time national scope and coverage, coupied,Mth k:)cal market expertise is a bUsh,iess model that corainues to provide a firne tested i-.wrvice mc0ei for new and exisfing custorneirs, M uffi-location customers realize th folio in&,� . . .................... __ � ­ . . . ................... _­_­_­.'­_­­g M� gjLqfft_k� • Standardized regionM/naflonal pricing • l ocall order placement • Quality products from leading, manufacturers • Cost containiment and negotiated price protecdon ® The ability to meet and standardlze your un6que product needs ® Market, expertise — based on years o,f expedence ® Local flexible seirvice ® l ocal scheduled delivery ® One contact, point for direct cornmunicaLion and problem solOng • Quarterly sa ki s reports which aHow you -to controli and monitor usage and cost, in summary, NETWORK's product and service offerings is constantly evolving and grow4ig, Over the years we've learned about each o,f our business models, and the learning never stops, We hope to confinue Wining new ways to help spe�e�d the dehvery of products, rnaximize efficiency, rninlirnize errors and drive dowin costs,. WAXIE Founded in 1.945, WAXIE Sanitary Suppiy is a 74-,year old, privateiy h0d, farnfly-owned company with a proud history of honoring oiur• customeirs, communities, and farnfly values. This attitude is embodied in our company motto"The Most Trusted IP4arne In Clean. Since 1945. WAXlE has long been focused on our customers and prides ouirselves on h0ping businesses kelep their facilities cleaner, healthier, greener and safer, We are passionate about what we do and are committed to defivedng that passion to our customers. WAME. is among the largest disthbutors of sanitary supplies and equipment in the Western United States and is one of the largest farnfly owned distributors in the natJon, We differentiate oursOves by having orders delivered on firne, at the hght price, with no substitutions, and with eKceptional custorner service [.)y as uniformed WAXIE team member ln a clean, iogoed WAXIE truck, We we here to listen to, our custorners and respond to their needs. Our average Mi rate on orders is 98%. 17;=1 M NEI'WORK's National Distribution Model � NETWORK has over 400 distribution facilifies throughout North . ................ . . . ............ Arnerica, totaling approximately 18 rniHion squarefeet, We provide a broad product selection, havhig built strategic alhanceswith the kidustry's best in class, manufacturers over the past 51, years. Our prograrvis fockis on the following categories: Janitorial supphes ­ in(Juding towel & tissue, can limners, hared soaps and sanitizers, the micak,jariftorrat housekeeping suppfies,janftorjal eqtApment sales and personal & safety products; as weH as food service disposabIes, industrial packaging, segryient arid/or custorner specific! products, etc. Supplying the City of Tucson/OMNIA contract re Ores distribution of supphes to any locations across a wide geographical area, a seirvice'lied'flch we have successfully provided durft the current contractuai period. NETWORK has the ability to deliver products and services to 9S% of the United States' population freight fee; on over SOOO of our distributor owned/leased vehicles, driven by NETWORK distributor ernployees. Freight rrtay be charged for loc.'atioins outside of NETWORK's delivery area, including,facHities which may be out of CONAS. I o enhance our overfljan-san product offedrig, select dist6bution locations have the abilfty to offer fighting, �paper shredding, and other services c. Have a demonstrated sales presence. NETWORK's Sales Presence ® NETWORK's corporate Ilheadquarters whiich serves as cxjr adrTflnMrafive off ices and central cuistoir'nerservic,ecetiteu',isioicatedinSchauii'Tall[)mirf.y,,ILL,, We currently have 175 ernployees, and conflnue togrow. Oureighteen (1.8) Corporate Account Directors and Segment Leaders are geographically located throughout the United States., In addition, there are over 3,700 outside salespeople empioyed Iby NETWORK distritnitars throughout Noill[°ii America. LOCa"Y' our distributors have over 12,000 customer sec ice aind support personnel at their iocabons avaflabie to seirvice tliireir focA assigned locaflon(s). You get: all the beriefits olf national distributicm within the perrsonahty of a locaHy supported program in addition,1, NETWORK disthbutor, "AXLE Sainitary Suppiy is one the largest faWy owned sairdtary supppy distrflbufian companies in fl-ie United States. WAME has a 74, year Nstory of providing skjperiorjar-san products and services. WAME enipoys over- 260 sales professionais to serve their, custumers. )MAXII,"has 23 locations iincludft ten (10) Regional Inventory Centers seMchig 0evein (I 3)'westerin states.Arnoing these, San Diego based WAME has off ices in Mesa and Tucson, WAME's proven track record includes sere ng over 4,2010 pubfic sector clients with more than 15,000 sNp-to locafions, lr0tidMg the City of'rucson, d. Have the ability to meet the minimum requirements of the cooperative purchasing program detailed herein. Yes. P�Iease see our responses throughout this docurnent response, e. Have a full range of products, supplies, and services to meet the demands of the City and Participating Public Agencies. NETWORK's pT2dygt offering - Our programs focus on the following categories: Janitorial suppRes � jncWding .... . . . . . . . ........ towei & fissue, can hiners, hand soaps and sanifizers, chery0cakjarfltorlal housl6keepingsupphes, janitorial equipment saWs and personal & safety products; as w(..di as food seiMce OsposaUes, industHal packag4ig, segment and/or custorner specific pr-oducts, etc. Uri�que services are avadable in select iocafions which may, offer lighting, pap:)er and docurnent shredding, etc. We sus gg est you eingage your locall NETWORK distributor rep for- detaiis and fuil offering. 2. DEFECTIVE PRODUCT: All defective products shall be replaced and exchanged by the Contractor. The cost of transportation, unpacking, inspection, re -packing, re- shipping or other like expenses shall be paid by the Contractor. All replacement products must be received by the City within seven (7) days of initial notification. NEI WORK Mil pick.,up product deerried to be defective; on the next scheduled delivery day and either, replace the item orissuea f0credft;asdesigviated loy"TheCity,10NINIA, Aii returl"Is must Ibe niad(,.m Mthin 90 clays of delivery date and fequire prior NETWORK a(Ahorization, 3. EQUIPMENT AND PRODUCT RECALL NOTICES: In the event of any recall notice, Technical service bulletin, or other important notification affecting equipment or product purchased from this Contract, a notice shall be sent to the Contract Representative. It shall be the responsibility of the Contractors to assure that all recall notices are sent directly to the agencies Contract Representative. Product recaHs are rare within our producl. category aind would be dependent on manufacturer nodficration in the event 1: lie re was a product recafl for a nry reason. Upoin such nofification, NETWORK wouid inform our dritribt,dors,1 lie City, and OMNI A Partners of airry recaflis for products in use, aswell as the applicable returin and replacement procedure. 4. WAREHOUSING, DISTRIBUTION AND SALES FACILITIES: The product specified in this solicitation is dependent upon an extensive manufacturer -to -customer supply chain distribution system. In order to be considered for award, each potential contractor is required to provide proof of an extensive distribution system. NETWORK has been aligned with ape the ieading manufacturers 6n the ban-san rnarket for over 51. years,, Forging loinp ., star6r°sg busiirwss reladonsh4ps based on profess"aonahsrn and respect; affording us a status as thOr #1 f:)r #2 hghest ranked custorrser in their respective product categodes; over all distrdmflon,, See attached Proposai Response NETWC)RK Key Supphers. NETWORK has over 400 dMribuflon facilities throughout North America, totahng appro xiinately 18 million square feet, We provide a broad product s0ection, having buft strateg'ic alhances, wkh the industry's best in class nianufacturers over the past 51 years,, NETWORk continuesto add to ourdistribution Irootprint,to better serve the needs of custorners with a naborW footprint, Our programs focus on the following categories: Janitorial supplies ­ inciuding towe� & tissue, can hners, hand soaps and sanffizers, chemicak, janitodai housekeeping supplies, Ilanftor'W equipment sales and personal & safety produiuls; as wadi as food service &posables, industhap packaging, segran ent and/or customer specific products, etc, Product offerings are not fimfted V::uthese c�ategories, so we serve as a valuaNe partner in resoul,rCilIg specW order and non -core product needs. Total current NETWORK corporate account sales volurne is $1.6 bfflOn annually, providingThe City of Tucson with sufficie,nt capabdides to rneet any required sales and service needs that agencies may have. 6. DELIVERY: For City of Tucson purchases, janitorial and sanitation supplies shall be delivered to various City of Tucson locations. All deliveries shall be made Monday through Friday from 8:00 a.m. to 3:00 p.m., Arizona Standard Time, for warehouse locations and as agreed to for other non -warehouse locations. Delivery to city orruc.son will be imade inext business day Ibetween 8:00 am and 3:00 pm for ale orders irec6ved by 3prn the pre0ous business day, WAME has a distribution center in Tucson, AZ at 355 S. Euclid Ave., I'Vason, AZ 85719 open from 8:00 am to 5:00 pim Monday through [`i1day that is avaflabpe for wfll call and eirnergency ordem, INEI" ORi -((.Aistr-ibutors,will) ,worlk with OMMA agency bcations to schedule delivery -times that work best for both pwlies, w0in the schedule of Ilvonday througto Friday 8:00 a.rrL to 3:00 Ips.m. NETWORK delivers fr6ght free to 95%, of the poptflated United Stat�es, on cornpany owned arid operated ehides, as noted. Ml call is available at rnany sites for any imnieOate needs bcations imay have, r1ease check with your distributor for cornplete details. 6. CATALOGS: Within 10 days after Contract award and after request from City staff, Contractor must submit complete price lists and catalogs of their product line in hard copy and on CD. Upon request from a Participating Public Agency, Contractor shall provide, at no cost, these catalogs and price lists. Contractor shall also provide two accessible public websites, one for the City of Tucson and one for OMNIA Partners, which contain an interactive web catalog, price list and ordering system. Deli paracMde a product h.brwgi and IFxcO prk,-e hs�tvvithkii 10 days, in as rpitOra to parocewssir'Ng rrrclers as vie rcuarrr' dy do, R'.:�i)NORK wM b..a'aiiaa or�a'tsa with 'if he City and t.: MPfl 'in devrapop mt., ua�t of specific wra bsites that waw0i t. e aau" (a es.si ie for both entities, i`jE: "VV' ,O Rit swa'oa>olW r&rpuest as'.-)0 day iirlapaieuuaEmtaaat'i ra tirvua!ahinie to set lu.apa as ruaat.iurraai calAag au°'uird we bi-wdeiringsystern for use Ikaya NETWORK a'iastru9:: u to rs aand OMMA PIPA'"s,, .spnw,dd that tie �dra'slired, NET'WRRK, .TheCity, and OMMA srurlrWsurt:IVy icarocl-ess au ders'p r established srtes sa�a:a t -ere vaam,Hd 6:e n yma"NaiaaNtatiardelay fo r "?xi"ti'tirag sites, New bor:',aa'R:por@Pi aaNf"e added erk°.V VaW'?"ieded, `AML wwwffl orampaiy w ith pra:'v,Wng plirice lists and satairaEs, froth iru hard r:Ora'y and on a LJSB thUirnb driwie, at no c:haargie,' to the contract rs&rd users within C) days, B. PRODUCT REQUIREMENTS: 1. PRODUCTS: A complete and comprehensive line of quality made janitorial and sanitation supplies to support the daily maintenance and operation functions of the agency. The categories include but are not limited to the following; a. Dilution Control - Dilution control chemicals and delivery systems ranging from hand- held to wall- mounted systems. b. Green Products - Products and supplies that meet industry recognized certified green standards from independent third -party certifications like ecovadis, EcoLogo and Green Seal. c. Industrial Paper and Dispensers- Includes sanitary paper towels, toilet tissue, wipers, and proprietary and universal product dispensers. d. Private Label - Private branded products, supplies and equipment. e. Hard Floor Care - Products and supplies to care for flooring including wood, stone, concrete and resilient flooring. Products include cleaners, strippers, finishes, sealers, restorers, sweeps, absorbents, mats, pads, doodlebugs, bonnets, brooms, brushes, handles, buckets, wringers, dust pans, mops and squeegees. f. Carpet Care - Products and supplies such as pre -sprays, shampoo, spotters, cleaners, post treatments for carpet and upholstery. g. Restroom Care - Products and supplies including cleaners, brushes, deodorants, proprietary and universal dispensers, sanitizers, disinfectants, skin care and feminine products. h. Waste Receptacles, Compactors and Liners - Products and supplies for the collection and disposal of waste. i. Machines and Accessories - Janitorial equipment such as auto scrubbers, floor machines, burnishers, extractors, vacuums, dryers, sweepers, steam cleaners and associated supplies and accessories. j. Institutional and Industrial Laundry and Kitchen - Products and supplies specific to laundry and kitchen care, including disposable food service items. k. Industrial Tools & Supplies - Tools, supplies and accessories to support cleaning activities including janitor carts, dusters, window cleaners, brushes, spray bottles, squeegees and gloves. I. Packaging and Shipping - Products and supplies specific to packing and shipping requirements including boxes, bubble wrap, tape, labels, etc. m. Break Room and Food Disposable Supplies - Including cups, plates, eating utensils, coffee supplies, etc. NETWORK distr'ibwaurto�rs have a full Gore of the above t;oroduuct categories s to nneet the needs of .t..h City and various OMMA PPA's.. n. Balance of line/Other Categories - Each offeror awarded an item under this solicitation may offer their complete product and service offering/a balance of line for janitorial and sanitation supplies and related material. Pricing for complete product offering/balance of line items will be determined by a percentage discount off the offeror's retail price list. The pricing percentage discount offered must be entered on the Price Page in the Complete Product Offering/Balance of Line section/in the offeror's response to the Price Proposal section of the Proposal Evaluation Requirements. The City reserves the right to accept or reject any or all balance of line items offered. A successful offeror will not be awarded complete product offering/balance of line items that are awarded as an item to another vendor as part of this solicitation. Nf:T"ii1,iORK's full Me product offering is outlined within, in addition to branded products, NETWORK diistrihuutors nvay, in many instances, be aNe to offer a private lab0ed itern which would be of aquuaG or greater waaiaurs to, tyMN` A P'�P'A's, 2. CURRENT PRODUCTS: All products being offered in response to this solicitation shall be in current and ongoing production; shall be formally announced for general marketing purposes; shall be a model or type currently functioning in a user (paying customer) environment and capable of meeting or exceeding all specifications and requirements set forth in this solicitation. Yes, CwNET JORK's core Product offering is based upon products which NETWORK has negotiated with keys manufacturers and are presently in paroduuctlon and avaHahie nationaliV, in the anent a manufacturer discontinues and item, NETWORK would notify The City and all OMMA PPA'as of they products status, future rrutalac rnent items, change in product information, arid an update to the core product, listing, 3. PRICING: Offerors are to provide a discount from a verifiable price index, provide a reduced net pricing schedule, a wholesale plus negotiated fixed margin, a hybrid or other supplier specific pricing. Contractor must fully describe and disclose details of proposed pricing method including audit verification method. Prices/discounts shall remain firm and will include all charges that may be incurred in fulfilling requirement(s) for the twelve-month period following contract award. Where applicable, pricing shall be determined by applying Offerors discounts to the prices listed on their manufacturer's price lists, retail price sheets, catalogs or by utilizing the reduced net pricing schedule. NEWIMI( and )NAM E wifl confinue, usiing a fixeiirice mode� based i,'.iin a combiriation ofthe manufactuireir arld WAXIE's published fist price for City of Tucson, Diiscounts off pubkshed fist piirice are showin, wheire avaflaWe, however, in rnany cases a manufactuireir Ilst padre is inot avaiHable. Quoted pinces and subsequent prk.e changes aire based oin a fixed cost and suppa:)irted wifth letters fil.q.-)m tile man ufa(:ttj iw M cases of inciii or decrease. Pdoing wokAd not exceed that showin on the pubfished price list for any givein Urne pedold, Mr MORK inegotiates dilrecfly Wftri'l riiiiarr&aCtUlters on behalf of The of Tucsoiri and OMNIA. NETWORK and WAXH�.:, propose the foficl Large Vo1iiume disc(mirit off rinwAce four City ofTiucson and OMNIA. F::oiii orders of $2,5100 and above, NEIWORK and WAME Mill provide 5% off invoiice, Please note that Large Volurne discouirit doles riot appily I:ro iterns where pricing has been deviated from the Not trc.:) Exceed aiii fixed piii Special Offers/Promotions: In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, Contractor may conduct sales promotions involving price reductions for a specified lesser period. Contractor may offer Participating Public Agencies competitive pricing which is lower than the not -to - exceed price set forth herein at any time during the Contract term and such lower pricing shall not be applied as a global price reduction under the Contract. NET'VVORK works vdth key alianUfaCtuireir's on vaiii programs whick MH offeir CoSf.r savirigs based oin 0 spediM buys', promotional goods,1, quanfity pirice breaks, etc. These incentives are rnutuaHy agreed upora between NEE -WORK, the manufacturer, and'The City/OMMA to engage agendes M increased locaboin sales and Iraew Ilocatilon penetration,. C. SERVICE REQUIREMENTS: I SERVICES: The City is interested in evaluating the following categories of value -add services for inclusion in this Contract. The categories include but are not limited to the following. a. Small Business Program: The ability to incorporate small business enterprises into your distribution, sales, services and product offerings. The program should focus on increasing opportunities for small local businesses for the City of Tucson as well as for any other agency using this contract. At a minimum, it should establish how business will be directed to small local businesses, establish any unique product or service offerings and develop small businesses as second -tier suppliers. WAXIE will reach orit to sfnafl manufacturing busiinesses wifthlin Tucson to provide tfiiei[l witIll the oppoirtunfty to sell products in correktion with the City of'l ucson/OMMA contiact. (Drie example of a sirnall Tucson busliness that "AME currenfly doles business Mth is EcoNue. WAXH::. is aUle to capture siii tMsMess saps and ii there to'The Cilty using WAME's ordine repoilihig prograrn. NETWORK itseff does not Ihcfld specW diversity statii,,ns, however, rnainy NET distributors I -lave slaw ldal diversity, status, induding Small Business, Wornan-Omned, and Veteran Owned. Vlease see the fistfinp attached, Praposal Response NE'[WORK — Spec!M Business Status Summary, for NETWORK dMhbutors and their appficabdiversity posMon by stateftegion. b. Consulting Services: Examples include inventory solutions, emergency preparedness programs, sustainability program, eCommerce and safety services, WAXIE provides seve4l consultative senfices, inciuding but not firnited to inventoi-V solutions, emergency preparedness prograrns, sustainabdity progirairns and LEEConsulting, eConirnerce sMutions, and Safety ser0ces. L Inventory Solutions/Vendor Managed inventory — WAXIE's Vendor Managed Inventory (VIMI) program proAdes easy ordering for managed inventory. WAXIF VN uses a smart device app to coflecland transmlt your inventory order.VM11 is available for iOS, Android and Windows 8,1[alblet devices,, VlW uses QR Codes to quickly identify the doset where VnventM is required, IPar levels are estabhshed for each product fin the closet for quick and easy ordering. Simply enterthe quantity or) -hand into the 10W app, and the app wiil catculate the quantity needed to replenish to the Par level. Users will have access to orfly t.he closets where they are responslbie for the inventory. T'he order Ns then transnAtted directly to WAME unless an approval is needed, ff an approval is rieeded, the approver is notified of the order and the order will be held pending approval. Orders can also Ibe sent to the customer's procurement systieni for processing prior to ski brnlittingithe orderto WAME, Additional f eatures avaflable include offfine inventory collection -for future order submission Whien the internet is not available, view 0 avaHable clo�sets and their order history, year-to-date (Y I lD) Inventory Grapti,'Yell Order Graph, the mon-thly number of inventories performed and the number of montNy orders submitted., Nease sire Exhibit A 12A -,, WAXIE VMi Brochure, iL Emergency Preparedness ­­ WAME l"ias a comprehensive internal and emergency preparedness INplarr. All of our 'invientory centers are linked via a redundant operating systern with WAME's main computer systern in San IDiego arid a mirrored back up systerru in Mesa, AZ, In the event of an interruption in San Diego, WAXIE's Mesa facility immediately begins operating all functions ensuring an uninterrupted running of operations, in the event. any one of'WAXH� ' 's Inventory Centers is affected the other inventory centers can e provid service with little or no interrupflon. WAME routinely holds addffional stock in Inventory Centers in "T"ticson and Mesa that would be avaHable to support ,11"ke City of Tucson in -the event of an ernergency, "T"hose fterns 4iclude, hand sanifizer, batteries, personal protective equipment (gloves, masks, face shieds etc.) HL LEE D Consulting and Green Partner Support NETWORK is a member of the U.S. Green Building Council and activOy invOved at the chapter lev6l .. as are many of the NETWORK Mstributors. We have a LEED11 Accredited Professional on staff that monitors sustainability trends and is closely aligned with our suppher, cornmunity to stay abreast of th& uidividual sustainabifity iriffiatives, As a strong advocate for corporate and social responsibillty, NETWORK MH hOp"T"he City and OMMA achieve their sustairiabifity goals as welL 'We offer a full Hne of environrnentaHy-preferred pi­oducts; and a proprietaiN prograrn, NetGreen, designed to assess a customer's curre.nt sftuafiNi avid then afigrl the processes, products, sup�pliers and monitoring took necessary to achieve the customer's sustainaUfty, sanitation and w0ness goals,, VVAXH'� is Proud to empoV 8 I EED Accredited Professionals and 38 GMS Certified ProfessOnak on staff that are ah4e to assist City of 'Tucson and any contract end user Yvith the gathering of lnfornrlation to support their UEED pro'ject. WAXIE has parficipated in suppc)rt of customer LE projecis for the past 16 years and looks forward to opportunftles to work, with contract c'ustorriers to achieve th6r, green bijil(fing g(4& WAME has two J.rFD Certified SHver Lewd [)uddings orie in Mesa_AZ, and one in Salt Lake City, Ur, WAMF:: has developed WAXff GPSI Green Flairtneir Support"to assist green-corrivnitted end -user, custogner's iimplernerrt more effecflve green (:1eaniing programs. WAXIE GPS Its a coliaboration aind pairtnership between WAME and its respective custorner and rnanufacturer pailners. It is a comprehensive approach whnch addresses eve'rythirig Clity of Tuu:sc)n and other, PPAs will need to hnpiemera an effective green deaning program., Vie WAXIE GIIIS" Sufte of 1'o(As offers a proven format to identify your "Green Clean�ing 1"eani", estabfish a bas6ine of your current cleanBrig processes, ident:JN, recorrunendations for, improvernent, dellver and track train'ing for your deaning, staff, assess the cleaning effectiveness of your custodial operations, and calculate your green spend percentage. The WAXH:GIP SII Sufte of 11c)oIs has everything ycw need to develop a CILAStorrdzed green (Aeaning policy and' mplenient a high performance leaning program. Please see Proh)osai Resporise WAME's GPS Brochure. Also, visit hnn-IL-Ift),,�'i -,:p gj?to see all the tools avaHabe. Finally, please see WAXIE's ExhiUit A 3AF Corwiniftmerit to Sustainability rl V. E-Commerce Solutions WAWE wfli offer the City of "Tucson the abifity to fully autornate all aspects, of the order process through WAME eCornmerce sokitions Online ordering through WAXIIE's Web at Work systern allows, custorners access to real-time, order status® usage irrforrnation,, shopping lists, product avaflabifty, and online SDS. EM and CXML "punch, out" integration, Elecrtrorr�c lnvoicing and ACII I Payment are also availab*, Cornblr*q these capabilities can provide the City of'rucson with a cornplete E Cornryierce solution configured in avadety of ways to rneet the City's needs and capabilities, V. Safety Services-- WAXIE offers a variety of safety,training and support for, its ciustorner's. Bloodborne Pathogens, Hazardous Communication, Custodial Safety and Personal Protective Equipment, lrifection Prevention arid CordwM, and UoW Han-rionization are examples of safety training prograrns that WAXIIE can offer, An exarnple of an ln-le0ous Contrcd prograrn WAXUE offered was a presentaflon gliven in both Mesa and "I"ticson by Dr. Chades Gerba of the iIniviersity of Arizona, where lie spoke abotat geirnis and flow to maintain a healthy work en0ronment. Natit.Mally, additional value added services h-�dtjde. Lighting Document Shredding Woman Owned, Sm,aH Business, and Veteran Owned Distribtjfion Centers Disaster Recovery and Emergency Prepardedness During local or national crisis situations, NETWORK has the ability to relocate inventory based upon need c. Training & Education: The ability to provide on -site and/or online training and educational programs/seminars as well as providing technical product, knowledge and support. "I"he foHovving educatlonM training wotfld be avadaWe to the City of Tucson: WAME offers several baining options to meet our City of"Fucson contract custonrwr's needs. i On-line Trainin& WAM E onhirie training CuF.Irentiy consMs of trainng a oidules on restroorn area, carpet care, ainid hard floor care procedures. it can be accessed 24-7. SpetjM attention lies given to safety procedures aind person4l protective equa prnent. 'rhe courses are interactive and provide,, voiceover, video, pictures, interactive exercisq-n and text, arid are offered in both English and Sparilsh. Please see Proposaf Response WAXIE's Onfine Training Brochure, The modules are delivered to specific mdividuaN through our Learnh,ig Management ystern, so fliat tfie user`�:.d progress witliin a course may be tracked; quiz scores recorded, and certificates of compietion provided. Courses rnay be taken many times, aflowing for review and reinforcement, "T"he onhne courses are offered by WAME at no charge to our vMued customers, Collateral MaterialsTo comphment the onfine courses, WAME seUs Job Cards for on-the-job traiOng, at as ryunirnap fee. The Job Car(Is are easy to use, cornpact, waterproof paper, spiral bound, and they recap the cleaning procedures described in the onfine modules. WAXIE's Marketing Department is also capable of provi(fing custorn wall charts for your cher-Wcals to ensure proper dflution and application of the prodtictsw if printed In-house, there is nofee,. ft, nsite Training: WAXIE trained professiona[s offer onsite trainMg as requested. Depending upon the sublect matter'WME Sales Consuftants may conduct a training semkiar at your location or at one of WAME's dedicated training rooms at their facHftriesq WAME has ChernicaI Speciahsts who are also avaflablie to train end users on cherr0cal appfications and cleaning procedures as weH as Equipment Specialists who are prepared to do in -services on equipment at your locablona if the trainer is riot Wingual for Spanish speakers, we can provide someone on staff to transpate,. AH of tl-,bese WAME training options are offered at no ctiarge. iii. Customer Seminars: WAXIE local branches offer pedodic sera driars at no 'fee to aH of our .it of Tucson/OMNIA custorrers offering a myriad of subjects, heck and safety, cost savings, innovation, sun stainability, products and procedures, work-foading, etc, City of 'Tucson ernployees have atterided many of these seminars over the years. lv Manufacturer Training: 'WAXIE is aligned with a most of ma nu fact u rers who understand apes need 'to trail) users and readily offer their rnanufacuirer reps to assist our custorners. Manufacturer training prograrns inckide product dernonstrations, cleaning methodoiogy, industry topics and sustainabiNty topics. To keep customers current and relevant in the latest products, industry concerns, engage market experts, and answer any questions end use facilities rnay have, NETWORK University offers scheduled webinars. Such examples include Right�-'sizing can finers, preventative measures �to avoid the spread of germs during cold and flu season t1r1rough the proper use and ppacernerut of hand sanitizers and hand wash, NETWORK's 3,700 DSR's whicl-i are jan-san market experts share and educate PPA's with product needs arid usesa NETWORK is �viewed as market influencers by key suppliers such as GP, IKC, GOJO, etc. �to introdkjce new producl, innovafions into the jan-san market d. Software Punch Out: The capability of your electronic ordering system to interface with an agency's inventory software system. WAME can pro,vide punch out Mtegration to interface with agen(Jes reqkAdng as piunch out catalog. ln addidon, NETWORK Ihan.s the Wifty to kiterface Mth agemJes requiring a Punch out catalog. There COUId Ike addRionial charges from the riestflflng pro gramrniing wark. We woUld suggest a imis^eting between our, FIFtearns to fully undierstand prograrn reqOremeats. e. Green/Sustainability Program: 1. Policies: Efforts and policies pertaining to green and sustainability. WAXIE Su�,!a.ja�bi till Poh.cks� Environmentally PireferaMe Purchasing Policy/Commitment to Sustainabifity WAME is committed to b6ng a ieader to prornote responsUe business practices that support, sustainallAle communities which pare secqjr(-a, econoiirrn k:ally prosperous, envlronmerat ally responsiNe and healthy places fin whkh to five and work, As evOence of WAME's cornmitment to sustainabifity, WAXUE N f.)F'ClUd to lernploy a Il.EED Accredited Professionals and 38 (DIMS Certified Professionak on staff that are able to assM City of"'Fucson and any contract eind user with the gathering of iniformation'to support their LEED project, WAXIE has participated hn support of customer LEED projects for the past 3.6 years and (looks fwNvard to opportunftpes to workwith coi"mtract custorners to acMeve fl,ieir green IR61(filIg goals,, WAXIE Ileas two LEED Cerfified Silver Lev&I Ibuuildinngs one iri Mesa, AZ, aind one in Saht Lake City, LIT% WAX( E shares the goal of establishing pairtners,Mps to advance education, conirnunication, business best. practices, poifics, research, technologies and prograw ns to slupport as more sustainable riri&n for aH generations. WAME is cornmitted to adopting i7iore sustainable business practices forl!"he ("Ity and (DiNIMA and to partnering with their stakehOders to identify and implernent the most effecfive facihty niiaintenance s(AuVons to) prolec"t aind enhance the triple bottom lill°ie of hurnan !'*Mth, environmental stewardship, and asc:a rnomu c prosperky, WAXI's gM for, their Env�ronirneintaHy Preferable Purchaslirig Policy is to ensure that products and SeMces purchased or c�ointracted for by flie companywiH confor°irn with the goals of Cornriniitmient to Sustainabifity, Corporate Mission and V1slon Statements, VVAXIE will strive,who-ne possible, to purchase environmentaNy preferaNe products and services that will heip the agencies meet thin it needs of the present without coonproynWng their it leeds of the future. Wh(-.�re possible, purchasing decisions shall favor: ® Products that reduce waste ® ReusaWe products * Products That are recydaW or cornpostabe * Producls that corrtak,r the highest possible percentage of postconsurner recycled ct:)rrtent * Products that reduce the use of chemkals that are hazardous to the erMronrnent and empiloyee arid public health • Products that reduce allr and waiter pollutioin • Products that reduce greenhouse gas ernissioris or are made with renewable eirierp • Products that serve several functions and reduce the overall number ol'products purchased • Supipfiers who strive to irnprove their environrnentai perfirornance and provide environmentaUy preferalAe products, and who can docun wnt the supply -chain knpacts of their elfoirts Environirnentally preferable products and services whidh are determined to be comparable to th6ir Iradftiional" counterparts in quality and price shall) receive purcl-iasiing preference, In situations whe ire a more enviironimentaNy preferable product or sen4ce is unavadabile or impraclicM, secondary considerations shaIll incilude the environrTientA management pracfices of suppliers and producers, as well) as the relative proximity of 0-we main ufactu ring facility to WAXlE' lnventory Centers, As an exarnpie, WAME consulted with Sky I iarbor Airport in purchasing their paper products from a palper manufaLAuring facility in iif, AZ, therefore decreasing theiir carbon footprint as well as receiivilng accolades for supporting business in Arizona, "I"he purchase (.:)f environmentally preferable produas is Iloart of WAXH: fs long-teriar carvu,nitment to sustainabifity. By communicating tinls coninmitirrient to otn- vendor and icustonier partners, WAXIE hopes t!(,:u support. lder adoption of environrinentalily Ipreferable products and practices. WAXIE's Envilronmentiffly Preferable Purchasing Policy is rooted in the company's overall mission and vilsion staternent. WAME has over 1,100 products in our stock offering til"iat are third party verified, meet EPA 11'requirements for PCRC, contain recycled matehal content, or rneet other strict envprorlr`nental criteria like those for the Southern California Air Resources lBoard, WAME has dozens of branded products that are Green Seal Certified, UL/ECOLOGO certified" CS, BPA,,. FSC, and other environmental certifications, l'hese wid0y recognized organizations provide custorners the assurance that our, Green prodUCtS have been thcw'ougMy tested and rated by trustworthy third parties, WAME is the header in the sanitary supply distribubon indusiTy and is heavily invested in an overaH commitment to the enAronment while providing the largest number of Green Sea! certified Iproducts avaiiablie anywhere, WAME has the strongest avid broadest environmentally firienidly avid d'-Hird party certified green product offeriing avaiiaWe, WAXIE also, brings the, niost knowledgeable and weH trained consulting capacity of any facility supply companym WAXIE has deveiloped the "WAMIE-GREEN" line of products which include cleaning chemicals, saniitary paper, trash )liners, and hand soaps, WAXIE provides a coirnpellirig combirtation of product innovation, Ipeurwformarice, price and a more environmentally preferable profile, WAME Sanitary Supply distributes over 4,600 stocked products, and close to 20% of those products can be identified as either being third -party certified or having an environirnentally preferable attribute,. Many of these Iproduucts contailn post-consurner recycled content meeting EPA guidefines, contribute to water conservation (water -free urinals), or help to, divert, waste from landfills (recychng containers), WAXIE continually evakiates its product mix avid has proactively converted products to a more environmentally preferable alternative while sirnuhaneously phaMng out the more "traditional" incurnbent products WAXIE's goal) is to provide WAME custorner's wil-ffi product optbris which can contribute UD an effective green cWning prograrvi and do not comprorrOse on perfornia rice, health avid safety, environmental iirnpact or ,;,rice,. Historically WAXIE has achieved overall) green spend on public sector GIPO contracts in excess of 40% through focused sales efforts and incentives for customers to purchase green products, WAME has achieved green sperid sin excess of 80% at several custorners that have, focused their environrinentall services department's toward a comple'te green strategy. NETWORK is cornrnitted to a proartrive approach in balancing today's ecx)inomic reakfies with the respons6ihty o,f iniplemenflng sustakratde business processes. We contirl work to reduce our own ecologicai footiprint as an organization, includhig the use of locap fleets with dyinamic rolLIJUJIg for reduced carbon eirriJissJilons, lilacall sourcing, rec cling, and energy (`.'0 rise rva tio n Iprograrns, e-business transactions and the use of Energy Star apphances, WAME's 11" leet of defivery vehicles and d6vers are professionaHy pogo and are managed through a sq)Msdcated Route QpfirnJization Suite that enaWes WAXIE to moniltor the dehvery process fril door to door Jusing both (PS and as Driver Mobdity Apphicabon. Our rouN.! opfimizatiort software rninhnizes WAXIE's carbon footprint by sigrifficandy reducing travO flirne froinin the past stop to: the next stop. OveraH, less fuO us Iburned It: y opfirnizJing, the travel path and iIhe tiara our trUcks are on the road, WAXIE. ako employs three CI powered trucks in Cafifornia am.i has been abto avo,ld the Juse of over 25,000 galllponsc.)fgasow irieoi�diesepduriuigtplie2(,)18yeair�, MkX� E wifl I expai 0i rig t he na tU rap gas f lleet as corwimerdJal filling statio,ns becorne more avadable, ThetMNG tiLlicks produce a tiny fraction of the poNifion that gas and dJeseerr girrespane dtjce,, ihe CNG trucks offerfeed cost savings as weH as being.100% zero mar nksiJons, V. Certifications: The industry recognized certifications and standards obtained and those represented through its catalog of products. WA ME has hundreds of branded products that are Green SeM Certified, JUL/11JECOLOGO certified, Sics, BRA, FSC, arid other errvironmentM cerfifications, These MdOy recognized cirgarflzations provide custome[rS the assurance that WAXIE (.3preen IproIducts have 1r.weirii thorotjgNy tested and rated Iby trustworthy, thJlrd Iplairfles, WAXIE Iles been We to drive sMes of certified green products and thoso:a that irneet Environrnenta� Protectbn Agency ilequirernerlitsI, Paistpeifroi"niancesi°iomasWA)(llEat47,25%greera onl:heCiityof'rucsoii"io coritract, as higher percenitage of oven green spend than in Iprior years, Phmse see Proposal Responsile Green Soiljidon Brochure and Proposap Response SustainaWhty brochures. RM Oil P401421111 V I MIUMIKO MMOI dJ 11:1 *:,Ivl;3 114 NEIWORK Dist6butors)MU prill rf..pairservJices through authodzed rnanufa(r-turer's facifibesor through our locaHy assJigned Mstidbutors, Mhere applicable,we MH i WAME Sanftary suppiy's pubhshed applicable pabor rates. Jardtoriai Eqiuiprnent pa it and Prevenflve Maintenance serAces MH be offered to C �ity of rucsora o ri py at a 1.0% discount off of WAME Sarritamy Supply's pubfished applicabIle pabor rates. L Repair Services - WAXIE offers repaGr of customer equJiprnent at A nine of WAXIE's major inventory centers including I Juicson. Repair services incWde pickup and delivery of equipment during IJI defivery operations free of charge, Repair estimates will be provided to the customerwithh,w 2 business days of receipt of machine. Machines are repaired widfln three kwshiess days of fl-ile recelipt of valid purchase autholdzation and avadabifity of parts. ("'ustorners may c1roose to authoirize a firnited doflair arnount for a repair and wHbe advised if the repairs are gohng to exceed their authorized arnount. All parts for repair are offered at a 1.0% discount from current list price. All labor for repairs are offered at a 3,10% discount frorn fist price. Provision of loaner equipment will be made on an as available basis Ifor repairs when a sigrifficant down time Its required. AH deliveries of Wrier eqtuprnent must the in conjtmcfion withi the ciustornei's nairrnadehveries. A wHI call option for loaner equipment is avallab1e. H. Onsite Mobile Repairs Custorners may choose to have repairs done onsitie by WAME mobile technicians. OnsRe repairs wiUl incur a poirtal to portal charge, All onsite labor and repair parts are discounted 10% from current fist price. WAME Mobile Repair Service is avaflabie during norryW business hours Monday to f'rOay garnet to Sprn local firne. WAXIIE motifle teichnic.ians can repair many common problerns at the custorner's faciNty or diagnose proWerns and if feasible bidng equipment into WAXIE's facility for repair, Onsfte MobHe Repair services are available to afl City of'rucson/OMNIA contract end users. ifi. Scheduled Maintenance - WAME offers scheduled maintenance prograrns for aH cAearflng equipment, 'The scheduled maintenance programs can be custornized to suit each facHifies needs based on their equipnient utilization Mease see Proposal Response Service C'enters and Scheduled Maintenance Programs Brochure. g. Customer Support Services: The policies on replacements, returns, restocking charges, after hours service, after sales support, out of stock, order tracing, technical feedback, quality assurance for orders and drop shipments. Return/ Replaceme nt./Restocki rig Policy: NETWORK wfll pick up any defective/erroneously shipped product and replace orissue fiAcredit. NETWORK's return policy states stocked products may be returned within 90 days of dehven/. Network has a 15% restocking fee for Kerns returned to the NETWORK distributcor dii.je to customer error only. Uf the restocking acfloin is a restdt of distributor error, the irestocking fee will be waived. All returned products irnust be in the originA container, in resapable condition and usable prior to expiration data of the product. Non-standard or sperrJal products wlH be addressed on a case -by -case basis. AIII returns require prior NETWORK authorization, Hours of Operation/After-hours service: NEIWORK's hours of operabora are 7:00am to 6�010prn CST, however, emergency and after hours contact inforrnafion will be provided. Backorders/Stock-Out Emergencies: NETWORK currently provides a minimurn HI) rate percentage of 98.s%P rhie� local NETWORK distributorwiH meet with th6r assigned location(s) to discuss product to be stocked, fflontNy usage by location and order frequency thus enabling NETWORK distributors to rnaintahi appropHate levels of stocked product's If a stock -out does occur, the local NETWORK [Nstdbutor wifll contact the lo(:afion and offer a substitute of same price and equal quality or the location wM be offered the opportunity to reorder Substitutions wffl not be shipped without prior written acceptance by The City of 'Tucson/(")IMNIA, Open orders/backorders can be traced by contacting, your. NETWORK distributor Custorner Service "Technical Feedback: NETWORK agrees to provide technical support. to City of Tucson and Parl:icipath,ng Piublic Agencies dependentupon your reqiuhrernents. Lqr,!2!j9f'T'ucsor%: Replacements WAME MH never replace or subsfitute an ptern Mthout the custorners express consent. Run the event an itern is unavaflaWe WAME will replace it with an itern of supedor quality at the original utieirns prliice. Returns WAXpll..,',l,ias,tpief'oplowingi°el�uru,ipolpcyfou-aisalestralisactedm a WAXIE accepts regWady stocked rnerchandise in its odgirW packa&g, in re-saleaWe condition, for reuirn and c,'redit for rnost transactions withiin sixty (60) days of purchase, After sbdy (60) days, as 10% resurcking fee and ret�,jirn frepght inay Ibe charged, Regularly stocked cheirrOcMs that are kinopened, re- sMeaWe, and returned within 180 days YVM receive as Nil creM. Cheim� cais cannot I returried after 18.1. (Jays. Ceirta4i chernicals, e,g,, Weach, may Ibe returned within fipnet!y (90) days; after rnbiety-one (93.) days the request for return MH be dein�led, * Non -stock hterns may be returned within sixty (610) days of purchase, if in their origirW packa&g, in te saleable condition, and vendor is wMng to take them back, Restocking fee pkis acUial freight charges will be incurred. 9 Products sl-Opped in error YOH be accepted for retunri within ten (10) days, if they are in their, origil)M packagpng and in re-sMeaUle condifiori,, Products sMpped in error shoWd riot be accepted by the custonner, 9 Custor'n order iterns that are altered specffically for a cusuwner are riot returnable. Nod a is of this type, particulao1y logged items, are riot Wpped 'lta out the written approva� (.A the custorner. Parts Return Policy: * Parts returned no moire than 30 days frorri date of'purchase are skjject to a mGnimuirn of 25% restw*ing fee Ibased upori the sell price of the producir. Restocking fees may be higheir if the vendor charges WAXEIE.: a Mferent airriount, Customer imay be reqWred to pay freight on as returned itern if required Iby the veindor, 9 Equipment parts rnay be returned within tWirty (30) days from the date of invoice, ifthey are in re- seHabe condition. IRetnurrned parts are subject to as 25% restocking f'e�e and any applicaMe fr6ght to returri back to the imaannufaacturer. Parts older than thirty one (31.) days frown date o llnvolce are riot eligible for return., Restocking Charges� e Returns on cormnonly stocked iteirns that are accepted as resalable wffl incur, no restocking fee. * Equipment Repair Parts ml6imurn 25% * Non -stocked tterns wifl be subject to, restocking fees and frerght charges. * Custorn ordered itervis are not returnat)ie. After IHours Service WAME wiN accormnodate requests fi-)r aflerhours defivery Ill se on each custornier's sftuaflon on as case by case Ibasis. * Firakiing and dernons,tration rnay be coriducted o,ff houirs to rneet the unique, needs and dernands of various ( ity of Tticlson/CIOWA custoirners, In the unlikfdy event of an emergency, B01 Shafer, WAME."Tuicson Sales Mariager, can be reached 24 hours a day �at (520) 591-0251. Afteir Sales Support ­ WAME 'is committed to supporting every customer after the sale. Every WAME custorneir has a derficated customer service tearn comprised of a Customer Seiivk,.,,e Manager and Custorner Service Representative that are avaflabie Monday to Friday Barn to Spry), 0 kits idesu pport is available through WAME's Chernicaf and Machine Spec iahsts to provide oinsitie braining, education, and ongoing support, aloirigwiflh your Accouirit Constiftant. out of Stock Customem wRi Ibe notified rnornpfly of any ordered products that are out of stock. T�he custouner cain choose an alternate product to order, walt for the out of stock itiern to filled, or, chocne to cancel the line iteirn frorn their order. WAME currently supports flh6r custorneirs with a 98% HI rate and therefore out of stock situations wHI be rninknaL Order Tracing WAXIE wHI deliver 98% of all orders inext day. Tracing orders can be done through WAME's oiniiine ordering systern or by contactiinF customer siervice directly, Technical Feedback- Customers cain receive technical feedback on products and equipment by contacting, their Sanftary Maintenance Consuftant, the manufacturer's representative, WAXIE's Machme and Chern'ical Speciabsts, or, Customer Sen;ice. Q and A for Orders -, WAME customer service representatives can answer questions on tracking, content, additions to and d0efloris frorn existing orders and many other, quesbons. Outside representatives are also available during normal business hours as well as during off hours. Drop Shipments - SMprnents that meet the manufacturer's requirements for drop slflprnent can be sfmt directly frorn the manufacturer to the custorner, IIASCOUMS for' drop shipments can be negotiated with manufacturer and passed through to the custorner, Sourcing: Capability of sourcing products i. from non -catalog suppliers and fl. from line card extensions of catalog supplier! NETWORK Distrit)utors are Migned with preferred key suppliers, however, if no equMilent alternate is available for a core itern; tl-w NETWORK chstributor will explore reasonaMe afternate sourcinig options. WAXIE's capability to source noir-catalog .supplies is met through local dMsionM buyer's who source products frorn over 150 nrianufacturers to meet unique individual custorner ineeds. WAXIE has additiow-W source of supply contracts, that aiiow us to access over 5000 veridors supplying everyMng frorn food service disposabie products to rnaintenance repair arid operational supply products. These corylHned sources of supply MiowWAME customers accessto over, 10,000 stocked janitorial supply products, aver 1.00,000 equipment repair paints, and over 1.00,000 maintenance repair and operaflng supply produds. NEIWORK's Global Procurernent'I"earn is tasked Mth research0ig, sourcing, and importing items which may meet the needs of se,lect custorners requiring un'ique products, Please discuss avail ability with your local NETWORK fttributor to explore options, L Other Services/Programs: Other value -add services not included in above categories, such as installation of chemical and paper product dispensing units. NETWORK has a strong customer, centric focus that allows ths to c"stornize specific prograrns for our strategic cus,tomerr'S. NUMORK would work with OMMA in three specific areas iriffiaHy to pwovOe incremental unique value for OMMA parUcipating agencies.* Environmental Effectiveness Audits NETWORK would pirovide a basefine assessment for parfico pavng OMNIHA locafions to deterwnh,�e current sustainaiNM ty and greein awareness and where NE11WORK could h6p the agency make 4nprovervients, NETWORK &;tdt)utws woluM ailso heip develop a carbon footprint anal sus based on 0nproved service, irnodels. NE'll-WORK has a slgrAicant presence i in a nurnber of other product categories specfficaHy Printhig/Commumcations Paper, lndustriM Packaging, Safety/Persor4l Protec"fion, and Food Seirvice Disposables. NETWORK dist0butors, would offer, these other core cornpetent product categories to OMMA PPIA's as addftional value added sokiflons thereby aHowhig the agency to centralize more spend and reduce dehveries and the resuffing carbon footprint, N�E'TWORK dist6butor's expansive capabdffies rnake us a cornpete suppher for OMMA PPA's. Centrahzing spend and SUpporfing limited suppiiers with rnore diverse capabihfles like NETWORK is the best value for 01VINiA PPA's. NETWORK dist0butors have over 400 warehouse locations arid 5,000 owned and operated defivery vehicles, "111fls Marge logktic and warehouse footprint enabk-ls NEIWORK to devOop custoadzed la�&flc soWtioins for MIU IPPA's that encompasses the, janitorial category but coUld Ibe expanded to non -related products utilized by the 01AMA PPA's. Ihis logistic capaWity cornW)ed with NFIWORK focus on custorner centric solutions rneans that we wifl lolok to, coRaborate with UNIMA MIAs to deliver, unique prolgrarns. NETWORK provides OMMA with a quarterly business review and 1"he (Dty with an aInFILW business review; outhning the impact we've made through joint efforts with OUr NI-TWORK distwibutois, UMMA and their, agencies, NETWORK key preferred manufdatners, and our Marketing tearn. DetaHed support. docurrientaflon of sMes, SKU rationahzation efforts, rnarkefing programs, traNrding sessions, account penetraflon and other, successes/challenges are Iporesewnted and discussed. III his is a testament to OLAr on -going support, confinuous improvernent efforts and dedication to our, OMMA prograrn, Benefits of with WAVE for the Cit .................. wit . — WAME"'i ucsoin has a local distribuflon center that provides local inventory, ernergency/&aster relief inve,ntory on handi"'or the City olf Tucson. As well as a local'T'Ucson showroogn with product dlspiays, Mocal face to face pro&icrt consuffing and local) customer service, WAXIEVII"ucsoin localior°i has awalk in, will call storefront avaflable to all departiments Mthin the City of I`ucson to utlIfize. We are able to NIGH last rninute needs through the storefront and the City of Tucson uflfizes this frequently. IIn the, last 90 days, the City of TUIc-solin has averaged 21 will caHs per month, averagMing more than once per bUsiness day, at our facility, WAXIE-l-sic,son has its own dehvery veMcpes that allow for custorrdzed dehvery requNrerneints arid same day delivery for, ernergency situations, Local monthly sernnars and traMniing that are regulady attended by City ol''Tucson efflpMoyees, City of Nucscrt freqile,r'itlytaM(esadvaritageq)ftl,iesesewiiiinars,, IFhey are free to custorners and inciude the folloMrig in a year: 1. IRestr000rru fl. Hard floor- M. Sol't l:'loor iv, Mndustr4l show v, Inn(waflon/Green ('1eaning Training:'T'he WAME Account Consukant is onMte rnonthly to discuss needs of largest City of fijr-son customers, lie frequently will bring vendors Mth hirn to do cons ite training for floorcare, etc. "'I his gives the city of'rucsson exposure to subject rnatter, experts at no addifionM cost, WAME lucson based equipryient servk-etechnician and service c-ri-rater. Tids local sokition has proven to be very (:oinvenient for the City cf'fucson CUStOrner's. On -site deimos for new machines and core -site trainii'ig on Ihotug use the machines after purclmse, WAME Tucson Ibaased sales and operational team that cairn support the City of Tucson on a consistent basis,. Other WAXIE Value Added Services Local Installation and Dispenser Support WAME erriploys a dedicated installer that: City of 1 ucson contract end users can utilize for installation of chernicai aired paper dispensers, installation Support is also available through many of WAME's rnanufacturer partneirs, From 201.6 through 201.9 YPID, WAME was able to save The City of T'ucson over $30,000.00 in the cost of th6rr dispenser installations vs. traditional installiation costs, Waste Minimization WAXIF is committedto adopting irnore sustzrinablle business pracices for 1"he City of Tucs(,.)n/0MMA and its agencies, and to partnering wW-i its stakeholders to identify and irnplenwrit the irriost effective facility maintenance sc0udons to protect and enhance the triple bottoirn Hne of human health, environmental stewardship and economic prosperity, WAXIE is best posWoned to assist City of Tucson with its zero waste product packaging which is made from recycled materials and is itsf-flf recyclable, containers & systerns with associated messaging which will assist the City with its iandffli diversion efforts (through f...,itheir recychng or composting), and accessto rnetrics where availaNe to hep measure effectiveness of waste diversion effoils. One exarnple is the WAXIE Sohiltion'station Dfluflon Contir'0 Systern - . concentrated product wKoch contributes to waste minignizalion thrakrjei source reducficin (geinerating less packaging waste in the first place), i'aackaged iin recycled contrast corrugated which is itseff recyclable, and further packaged inn plastic containers which are recyclable, Another eeras ple is the Big Belly S61ar intelligent Waste & Recycling Collectlon System . solar panels power compaction in place which removes 4 out of every 5 coliecflon trips (strearnfining operafions resuhJng in reduced colllec'Horl trips and associated greenhouse gas e,r,nissions), and coHect ion rnetrics are visiWe in real4ime via any re eb­enabled device (allowing onfine visibility to track its waste diversion efforts and recyclables and cornpostable collections), WAME can assist City of Tucson wi111i its reduced potable water cormumption goals by offering water efficlent accessories for, restroorns and water conserving cleaning equipinent and toois., One example includes flow contrW vaWes and auto faucets for sinks, flush valves for urinals and comirnodes and zero water urinals all of which reducc!111 and/or regulate the amount of water used by restroorn visitors, Another cxampie is the RubberrnaW Hygen Mopping Systern which re-circ.Wates and cleans the dirty water in the bucket, allowing custodial staff to mop with dlean water without having to go back to the janitor sink to till up the bucket with moire water,-- in addiition, (Aearvirig resuRs are improved because the systern helps prevent dirty water frorn being spread from the mop Ibuucket back on -to the floor. Green Packaging - WAXIE There is an increasing fiiterest in using Tess material and opfirnizing the use of recycWd content in packaging as rnore and more organzaflons like the Oty of Tucson look for green cleanlng supplies to use lira a low environmental impact cieanrng prograni. lterns to consider include overall source reduclion, recycled con -tent ill corrugated boxe-s, recydled plastic in produd containers, and the ability to recycle all of these materWs once they have lbeen used. Some specific examples of how WAXIE rniffigates the irnpact of waste packagkig for its chents 'lnchrde the foHoMng: WAXIE private 41::)eied clearring chemicak are packaged in corrugated boxes which are rnaide frorn 1,00% post - consumer recydied content Plastic containem are 100%, recyclable ln accordance Mh SB 235, plastic rq,")ntainers conta'lnfing WAXIE privately labeled the micak have had Preir gram w6ght reduced'101Y6 (frorn 1,20 grairins to IN grams),, CherMcal dflution contrVl systerns offered by WAXIE: ' ', Milch ac ss�ist in orwertingi fr-xiin ready -to use po rducts to coinicentrated diklfion coirarW systerns save on packa&ig, translaortaflon and disposal costs. Coreless bath tissue has e4minated the cardboard core and paper wrapper from each roll of toHet tissue, the result is an 33%-55% reduction IVn packag4ig rnaterWs, depending on the product SKU. Roll l)aper hand Jr() , �wels represent a significarft source reduction opportunity when curnpared to f6lded hand towels tVrAcOy resulthig in up to 35% reducfion i'i'in paper prodtict usage. Quarterly Business Reviews WAXIE:'wtH hold quarterly meetings with appropriate Gly of'11 ucson departments and purchasing, 111c, discAiss KPIS arid areas for improverrient. WAKIE's proactive approach to contract couTiph,ance/n,Y,)crasuremeiit reduces Imuch of the o,istomer burden of contract managernerrt, WAM::1 ' dashboards and scorecards foflow metrics agreed upon by C. ity of I ucson r,'Tijanagefrient to ensure financIM success, These inchide sMes for Ti: he period, order s�ze,, dlversity sales; corevs. non -core spend; sesMce level; fifl rate and greeri spend. Reports can lie aUtOffiatedl and dliver ed on a schedWed basls and c.an be avaHabte offline 2417. Dashboards are a tool for mewurernent and can be ciustomJzed for the City of'Fucson. They can be reported by kxaflon, by regbri, department or globally and can be product specffic, 1,31y product line or for the enfire catMog,, WAME online metrics dashboard allow the City ofl`ucson procurement tea n'r to dowinload an excel Me Mth every fine ltern transacted on contract for, the �prich two y(,.mars wing the City of'Tucson as continuous audlt capabilfty for p6cing integrity Customized Programs WAME offers severW ciustortflzed prograrns to rneet our custorners current and future needs, These prograr"s kidlud(.-a pend Management, Wort,, U)a&)g, and Defiver Clean Savings, Spend Management Program This Program contaOis rnuffiple elements that will benefit the City of Tucson and its ernployees, Examps of Spend Managernent programs tfmt ' , WAXIE can supporl incWe but are not limited to tl-iie f'oflowing" Schedtfledi Defivedes, Par I evO Managernent, Re.sntal and Leasing Prograinus, Product Mix and Opthnizaflon, and Order Consofidation. Work Loading INAME utilizes a work Wcfing softmiare program to d6ve cost savfts by reducing labor and lmplernenfing best pracflces. Work loading allows the customer to maxinflze productivHy while reducing W,,)or, wNch is the tdghest cost of cleaning, Please see Prop(,)sM Response WAMEapps Consukaflve Software'Tb6s brochure, Defiver, Clean SilortgS WAME's DOver 0ean Savings Prograin wflH pi"ovide, th(� Ott C)l lkpr:Sor Wft[� L*th a �!)Wming aind repoirflilwg toCO on the savings avaK,-abk,. and saOngs realuzed with as Iprcafcedy managed SUpply chahn, The pnogram hinvolves a [111i'Asfic, extellls�ve Su,,wvey of fabhty cqeanung efficacy and efficierrcy, L­Ogrstcs, pimcesses, procedures, and pioducts are as!lsessed, and mcomimendations are forrnu�ated 110 O�Dtirr�ze resufts and miuce costs. A coflaboratJve strate& pW �s formiflated to Oipk?irnent goas and a Dath foi- long terni con6nuous k-nprovement, l his pir(,)gram aHows fl,w City of Tucson to focus on reduch,q, inventory recek/h,qD and carrying costs at each 5tep in dhe supp[y chak,i. WAMF has been aWe to stiow reduc,flons, 'gun overaH supjp�y chain costs urn ex(:iess c)f 12% for coHege campuses, Ofies, Counfles, acut�e care lumprtak and K-12 systlerns. DCS"' was created and rehned t�o find unefficien(Jes ini the supply chain and target those areas for poterIW savhngs. Nease see ProposaResponse WAME Dehvev (Aean Savrngs BmChLireand WAME DCIS'll Sanape Res.flts, INSTRUCTIONS TO OFFERORS 1. DEFINITION OF KEY WORDS USED IN THE SOLICITATION: For purposes of this solicitation and subsequent contract, the following definitions shall apply: City: The City of Tucson, Arizona Contract: The legal agreement executed between the City and the Contractor/Consultant. The Contract shall include this RFP document incorporated herein by reference, all terms, conditions, specifications, scope of work, Amendments, the Contractor's offer and negotiated items as accepted by the City. Contractor/Consultant: The individual, partnership, or corporation who, as a result of the competitive solicitation process, is awarded a contract by the City. Contract Representative: The City employee or employees who have specifically been designated to act as a contact person or persons to the Contractor, and is responsible for monitoring and overseeing the Contractor's performance under this Contract. Director of Procurement: The contracting authority for the City, authorized to sign contracts and amendments thereto on behalf of the City. May: Indicates something that is not mandatory but permissible. Offeror: The individual, partnership, or corporation who submits a proposal in response to a solicitation. Shall, Will, Must: Indicates a mandatory requirement. Failure to meet these mandatory requirements, if they constitute a substantive requirement, may, at the City`s sole discretion, result in the rejection of a proposal as non -responsive. Should: Indicates something that is recommended but not mandatory. If the Offeror fails to provide recommended information, the City may, at its sole option, ask the Offeror to provide the information or evaluate the proposal without the information. 2. PRE -PROPOSAL CONFERENCE: If scheduled, the date and time of a Pre -Proposal conference is indicated on the cover page of this document. Attendance at this conference is not mandatory. Written minutes and/or notes will not be available, therefore attendance is encouraged. If an Offeror is unable to attend the Pre -Proposal Conference questions may be submitted in writing. Offerors are encouraged to submit written questions, via electronic mail at least nine days prior to the Request for Proposal due date to the Contract Officer listed above. The purpose of this conference will be to clarify the contents of this Request for Proposal in order to prevent any misunderstanding of the City's position. Any doubt as to the requirements of this Request for Proposal or any apparent omission or discrepancy should be presented to the City at this conference. The City will then determine the appropriate action necessary, if any, and may issue a written amendment to the Request for Proposal. Oral statements or instructions will not constitute an amendment to this Request for Proposal. INQUIRIES: Any question related to the Request for Proposal shall be directed to the Contract Officer whose name appears above. An offeror shall not contact or ask questions of the department for whom the requirement is being procured. The Contract Officer may require any and all questions be submitted in writing. Offerors are encouraged to submit written questions via electronic mail at least nine days prior to the proposal due date. Any correspondence related to a solicitation should refer to the appropriate Request for Proposal number, page and paragraph number. An envelope containing questions should be identified as such, otherwise it may not be opened until after the official proposal due date and time. Oral interpretations or clarifications will be without legal effect. Only questions answered by a formal written amendment to the Request for Proposal will be binding. 4. AMENDMENT OF REQUEST FOR PROPOSAL: The Offeror shall acknowledge receipt of a Request for Proposal Amendment by signing and returning the document by the specified due date and time. FAMILIARIZATION OF SCOPE OF WORK: Before submitting a proposal, each offeror shall familiarize itself with the Scope of Work, laws, regulations and other factors affecting contract performance. The Offeror shall be responsible for fully understanding the requirements of the subsequent Contract and otherwise satisfy itself as to the expense and difficulties accompanying the fulfillment of contract requirements. The submission of a proposal will constitute a representation of compliance by the Offeror. There will be no subsequent financial adjustment, other than that provided by the subsequent Contract, for lack of such familiarization. PREPARATION OF PROPOSAL: A. All proposals shall be on the forms provided in this Request for Proposal package. It is permissible to copy these forms as required. Facsimiles or electronic mail proposals shall not be considered. B. At a minimum, your proposal should include the signed Offer and Acceptance form, signed copies of any solicitation amendments, completed Price Page and your response to all evaluation criteria. C. The Offer and Acceptance page shall be signed by a person authorized to submit an offer. An authorized signature on the Offer and Acceptance page, Proposal Amendment(s), or cover letter accompanying the proposal documents shall constitute an irrevocable offer to sell the good and/or service specified herein. Offeror shall submit any additional requested documentation, signifying intent to be bound by the terms of the agreement. D. The authorized person signing the proposal shall initial erasure, interlineations or other modifications on the proposal. E. In case of error in the extension of prices in the proposal, unit price shall govern when applicable. F. Periods of time, stated as a number of days, shall be in calendar days. G. It is the responsibility of all offerors to examine the entire Request for Proposal package and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting a proposal. Negligence in preparing a proposal confers no right of withdrawal after due date and time. H. The City shall not reimburse the cost of developing, presenting, submitting or providing any response to this solicitation. I. Offeror must list any subcontractors to be utilized in the performance of the services specified herein. For each subcontractor, details on respective qualifications must be included. PAYMENT DISCOUNTS: Payment discount periods shall be computed from the date of receipt of the material/service or correct invoice, whichever is later, to the date City's payment warrant is mailed. Unless freight and other charges are itemized, any discount provided shall be taken on full amount of invoice. Payment discounts of twenty-one calendar days or more shall be deducted from the proposed price in determining the price points. However, the City shall be entitled to take advantage of any payment discount offered by a vendor provided payment is made within the discount period. The payment discount shall apply to all purchases and to all payment methods. 8. TAXES: The City of Tucson is exempt from federal excise tax, including the federal transportation tax. 9. PROPOSAL/SUBMITTAL FORMAT: An original and 4 copies (5 total) of each proposal should be submitted on the forms and in the format specified in the RFP. Offerors shall also submit two (2) electronic copy of the proposal on jump drive in MS Office 2010 or .pdf format. Any confidential information shall be submitted on a separate jump drive. The original copy of the proposal should be clearly labeled "Original" and shall be single -sided, three hole punched and in a binder. The material should be in sequence and related to the RFP. The sections of the submittal should be tabbed, clearly identifiable and should include a minimum of the following sections: the completed Offer and Acceptance Form, all signed Amendments, a copy of this RFP document and the Offeror's response to the Evaluation Criteria including the completed Price Page. Failure to include the requested information may have a negative impact on the evaluation of the offeror's proposal. 10. EXCEPTIONS TO CONTRACT PROVISIONS: A response to any Request for Proposal is an offer to contract with the City based upon the contract provisions contained in the City's Request for Proposal, including but not limited to, the specifications, scope of work and any terms and conditions. Offerors who wish to propose modifications to the contract provisions must clearly identify the proposed deviations and any proposed substitute language. The provisions of the Request for Proposal cannot be modified without the express written approval of the Director or his designee. If a proposal or offer is returned with modifications to the contract provisions that are not expressly approved in writing by the Director or his designee, the contract provisions contained in the City's Request for Proposal shall prevail. 11. PUBLIC RECORD: All proposals submitted in response to this Request for Proposal shall become the property of the City and shall become a matter of public record available for review subsequent to the award notification. 12. CONFIDENTIAL INFORMATION: The City of Tucson is obligated to abide by all public information laws. If an Offeror believes that any portion of a proposal, offer, specification, protest or correspondence contains information that should be withheld, a statement advising the Contract Officer of this fact should accompany the submission and the information shall be so identified wherever it appears_ The City shall review all requests for confidentiality and may provide a written determination to designate specified documents confidential or the request may be denied. Price is not confidential and will not be withheld. If the confidential request is denied, such information shall be disclosed as public information, unless the offeror submits a formal written objection. 13. CERTIFICATION: By signature on the Offer and Acceptance page, solicitation Amendment(s), or cover letter accompanying the submittal documents, Offeror certifies: A. The submission of the offer did not involve collusion or other anti -competitive practices. B. The Offeror shall not discriminate against any employee or applicant for employment in violation of Federal or State law. C. The 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, meal or service to a public servant in connection with the submitted offer. D. The Offeror hereby certifies that the individual signing the submittal is an authorized agent for the Offeror and has the authority to bind the Offeror to the Contract. 14. WHERE TO SUBMIT PROPOSALS: In order to be considered, the Offeror must complete and submit its proposal to the City of Tucson Department of Procurement at the location indicated, prior to or at the exact date and time indicated on the Notice of Request for Proposal page. The Offeror's proposal shall be submitted in a sealed envelope. The words "SEALED PROPOSAL" with the REQUEST FOR PROPOSAL TITLE, REQUEST FOR PROPOSAL NUMBER, PROPOSAL DUE DATE AND TIME and OFFEROR'S NAME AND ADDRESS shall be written on the envelope. Faxing proposals is not permitted. 16. LATE PROPOSALS: Late proposals will be rejected. 16. OFFER AND ACCEPTANCE PERIOD: In order to allow for an adequate evaluation, the City requires an offer in response to this solicitation to be valid and irrevocable for ninety (90) days after the proposal due date and time. 17. WITHDRAWAL OF PROPOSAL: At any time prior to the specified solicitation due date and time, an offeror may formally withdraw the proposal by a written letter or electronic mail from the Offeror or a designated representative. Telephonic or oral withdrawals shall not be considered. 18. DISCUSSIONS: The City reserves the right to conduct discussions with offerors for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the proposal in order to clarify an offer and assure full understanding of, and responsiveness to, solicitation requirements. 19. TAX OFFSET POLICY: If applicable, in evaluating price proposals, the City shall include the amount of applicable business privilege tax, except that the amount of the City of Tucson business privilege tax shall not be included in the evaluation. 20. CONTRACT NEGOTIATIONS: Exclusive or concurrent negotiations may be conducted with responsible offeror(s) for the purpose of altering or otherwise changing the conditions, terms and price of the proposed contract unless prohibited. Offerors shall be accorded fair and equal treatment in conducting negotiations and there shall be no disclosure of any information derived from proposals submitted by competing offerors. Exclusive or concurrent negotiations shall not constitute a contract award nor shall it confer any property rights to the successful offeror. In the event the City deems that negotiations are not progressing, the City may formally terminate these negotiations and may enter into subsequent concurrent or exclusive negotiations with the next most qualified firm(s). 21. VENDOR APPLICATION: Prior to the award of a Contract, the successful offeror shall register with the City's P g P 1. �dawcac�f,l.eaiar� rr¢ciu.,rf; by clicking Department of Procurement. Registration can be completed at hkt..r,�lrrnrr t on Vendor Services. Please note that email notifications of newly published solicitations and amendments will be provided to those vendors that select email as their preferred delivery method in their vendor record. 22. CITY OF TUCSON BUSINESS LICENSE: It is the responsibility of the Contractor to have a City of Tucson Business License throughout the life of this contract or a written determination from the City's Business License Section that a license is not required. At any time during the contract, the City may request the Contractor to provide a valid copy of the business license or a written determination that a business license is not required. Application for a City Business License can be completed at littf ;ffwww uc sona AyL !@x. For questions contact the City's Business License Section at (520) 791-4566 or email at a r- license song .g€ y- See 0,ie attached City of Tucson busBness iuc;.ense. 23. UPON NOTICE OF INTENT TO AWARD: The apparent successful offeror shall sign and file with the City, within five (5) days after Notice of Intent to Award, all documents necessary to the successful execution of the Contract. 24. AWARD OF CONTRACT: Notwithstanding any other provision of the Request for Proposal, the City reserves the right to: (1) waive any immaterial defect or informality; or (2) reject any or all proposals, or portions thereof; or (3) reissue the Request for Proposal. A response to this Request for Proposal is an offer to contract with the City based upon the terms, conditions and Scope of Work contained in the City's Request for Proposal. Proposals do not become contracts unless and until they are executed by the City's Director of Procurement and the City Attorney. A contract has its inception in the award, eliminating a formal signing of a separate contract. All of the terms and conditions of the contract are contained in the Request for Proposal, unless any of the terms and conditions are modified by a Request for Proposal amendment, a Contract Amendment, or by mutually agreed terms and conditions in the Contract documents. 25. PROPOSAL RESULTS: The name(s) of the successful offeror(s) will be posted on the Procurement Department's Internet site at h t r �'/w,+wow,,tsar;soa Ig.)Loc iArc�Enerrl.c rra' upon issuance of a Notice of Intent to Award or upon final contract execution. 26. PROTESTS: A protest shall be in writing and shall be filed with the Director of Procurement. A protest of a Request for Proposal shall be received at the Department of Procurement not less than five (5) working days before the Request for Proposal due date. A protest of a proposed award or of an award shall be filed within ten (10) days after issuance of notification of award or issuance of a notice of intent to award, as applicable. A protest shall include: A. The name, address, and telephone number of the protestant; B. The signature of the protestant or its representative; C. Identification of the Request for Proposal or Contract number; D. A detailed statement of the legal and factual grounds of protest including copies of relevant documents; and E. The form of relief requested. 1. PROPOSAL EVALUATION CRITERIA - (listed in relative order of importance) A. Method of Approach B. Qualifications & Experience C. Price Proposal Il. REQUIREMENTS SPECIFIC TO EVALUATION CRITERIA: The narrative portion and the materials presented in response to this Request for Proposal should be submitted in the same order as requested and must contain, at a minimum, the following: A. Method of Approach 1. Provide a response to the national program. a. Include a detailed response to Attachment A, 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. With over $1.6 billion! iiirrK total aininual sales, Networl(Seirvlices Cornpany orchestrates prograinis as one organization; corisofidaflirig the resources and strengths of more tharr 75 NETWORK &t0butors, Operating, over 400 distribution facifities, throughout North Amerka, NETWORK currently provides, a vast product selection, having bulk straleg�ic alhances over thie l-jiast 51. years with the industry's best in-asmanufacturers and unpairaHeled customer serviif:,e to over 1,300,,000 customer locaflons. K1'01011K can Iprovide prepaid freigid, sUbject to a MiflinlUirn order of $400, to all customer bcations 01YOUghOUt the Urifted States. Orders below $400 wi0l incur a $40 service fee, NET' ORW has the atAhly to deliver Ilprodaucts and seirvices to 95% of the United States' population freight free, Freight may be charped for locations outside of NETWORK's freight free delivery air -ea. Oii,,wr prograirn engagernient commences duf ing the Implementation phase; educating N1.7l"WORK corporate staff and distributor's of the overall explectations of OMNlA and the City of'Ftmcson's agencies, Aswelcointinueto penetrate locations and proRK.Ae the prograiri through a number of sales and marketing efforts, inicluding but iiiii to - - �oint sales ir:lafls with key inanufachuers, NEI'WORK developed Boot Camp, as well as collaborative effmis with OWMA RRA's, etc, Please refer to the attached (.1ty of Tucson Proposal brochure for an in depth i eview of the varioussales and niarkeUng interactions NETWORK has inffiated with The OMNiA, indiivikWA agencies, our NETWORK distributors as well as prefen ed mairiufactureirs, 1111his overview dernoinstrates our Revel of rommiitryient to provide produf:t, knowledge and drive progirarn ccwrnpliaince for all parties Pdrnary distributors will be respw°wsible for proactive direct saes of the OWMA Prograrn to eh&ie public agencies in theh stated rnarkl eks, a timely follow tip to leads established Iby WNW. rhL,; includes, but in riot, firnited to- DesiginaVing a IPr,ogram Manager wlththe authority and responsibility for-, tine overallsuccess of the irnplum entation of the ("YMMA pro rare withiin the disidbutor's organizaflon * Deve,loping a sales Allan to activ6ly target and coinveirt new non federal Ibusirness to the OMMA prograrn * WorVing in conjunction with 06ANiA to convert existing noin­federA government accounts to the prograin o Utilizing the OMMA program to respond to none federal agiency soficftatllons e Ensuring all Distributor IFlublic Sector sales personr16l are trained on how to position the prograin to both existing and potential custorner's 9 Reporting al sales to INUNVORK by participathig public agencies utilizing flhe OMNIA program on a daUy basis in accordance with Il ETWORK requirements NETWORK Ihstributors will support NEIWORK Corporate and OMMA's rnarketing teams to develop a markeflng and corrimunicaflon strategy to promate the utilization of the prograrn to botl,-i existing and potenhal public agency custorners, 'rhis includes, but is not limited to: * Supporting development, publication and distribution of co. branded collateral rnaterials (print, ernall, presentation) * Supporflng development and publicaflon of co -,branded advertising in rnutuaHy beneficial and agreed upon publications * Supporting dievelopfnent and publication of information an the Primary Distrdmor's website * Supporting attendance and exhibition at mutually beneficial and agreed upon trade shows and conferences in order -to prornote the prograrn. SalesvMurne is tracked and repoirted to OMMA during Annual Business Reviews. Sales reports are available upon request b. The successful Offeror will be required to sign Attachment A, Exhibit B, OMNIA Partners Administration Agreement. The Agreement shall be signed no later than issuance of the City of Tucson's Notice of Intent to Award letter. Offerors should complete all reviews of the document prior to submitting a response. Offeror's response should include any proposed exceptions to the OMNIA Partners Administration Agreement. 2. General Requirements a. Provide a detailed written response illustrating how your offer will meet the General Requirements of this solicitation for the City of Tucson and the national program. b. Submit any and all information that will aid the City in evaluating your proposal. NE'TWORK's detailed response is encapsWated within our specific points pn conjunction with your scope of vmrk and reclOrements. 3. Product Requirements a. Provide a detailed written response illustrating how the products offered will meet the Product Requirements of this solicitation for the City of Tucson and the national program. Offerors shall provide the proposed product lines. Offerors shall identify and describe their categories. For each proposed category, describe in detail and provide at a minimum the following types of information: i. Identification and description of product categories offered if. Identification and description of sub categories iii. Identification and description of manufacturers within each sub category NETWORK will provide -the following product categories: Paper products, trash can finers, cleain'ing chernicals, and janitorial housekeeping products such as rnops/brooms/buckets, gloves, laundry/ware-washiMIg chemicals, powered cleaning equipment„ hand soaps, antAlary clpspensiing and cleaning equipment per the iequirements hereln. V: lease see attached,Mtachrnerit B; our, proposed price list of items requested within Oils Rl::P,. Phisis not the full product fisdrig of items offered to"she City of Tucson or OMNIA Pairtners under the INETWORK Program, b. What is the total number of products offered in your catalog? Are all catalog products available to participating public agencies nationwide? NE IWORK's product offering is over 3,200 Orris at fl,JiS trj°Ime. Since our, Ipartnership began, the ci:.)re produict fist �ll-iiasgu°ownfu,orTi8OOtc)oven-3,23.8f��iroduc!l:s, NEIWORK"si,noriiiitoringofagei��icy pun-ctiasiiigtrends aridttie introduction ofnew more, efficient products expands our offering to'fhe City and OMMA. Dohi so aflows us tc,m workwitt-ii suppliers; thereby solidifying (r.)ur position to negotiate pricing aind longer, teirrin p;rice guarantees. In turn, these products add to your overall order size; allowing you to obtain aftfloi,W cost savings through the large vokirne order discount. All pioduct categoi�ies are available nationally aind the vast majority, bt,fl. m.)t all Specific products on U-ie list vvfll be available to ail locations, WAME- wilk be providing 4,600 Cleaning, Sainilary Supi)ly, Powered Equipirrient, and r*lated products, bott-ii natOnal 1,)iii and WA lit house brands; as weUl as over 1.00,000 equlVprneint re...lpair pairts. c. How are "green" products identified in your catalog? How are they identified when ordering online? How many "green" products are in your catalog? Green products are identified in the piraduct desc.iription and NETWORK's NetSupply,2,0, 1°iias an green designation symbol alonig ., with addiflonal ""'green""' piroduct information,, For City of Tucson, products rnay iindiicate the CKtifying agencies synibM, the nairne of the certifying agency, and the type fort 'in green. d. How are "certified small business and other business classifications' products identified in your catalog? How are they identified when ordering online? How many "certified small business and other business classifications" products are in your catalog? At tHs Urne, these iteirris cannot be identified in this manner, e. Do you offer "Private Line" products? Provide details and describe. How does pricing compare to traditional and comparable brand name products? Provide examples. Yes, NE-rWORK has the abfflty to offeiii iocaflons private IlanbO products Pricing and quality will vary; but all rTlay offer econonric, savings for OIMMA PPA'swKpch choose to utilize prNate W)eiled products. Product availability" detaft, piriiciling, andsample goods can be discussed betweerr interested PPP iocations and NIF MORK distribuiDirs, f. Submit any information that will aid the City in evaluating your proposal. WAXIE currently Iprolvides private labeled producls'li City of Tu(:son and has had positive reception to the valuethey provide, Shotfld NETWORK be awairded, WAXIE midl contif�intjeto provide the same and future WAME branded products which 1parove bene-ficiaito the City. I a. Provide a detailed written response illustrating how the services offered will meet the Service Requirements of this solicitation for the City of Tucson and the national program. Offerors shall provide the proposed services that meet requirements. For each proposed category, describe and/or provide details explaining your capabilities. In your response include information such as: 1. Policies and programs detailing your efforts in these areas NE iWORK's detailed response is encapsulated wilthin our speclific poiiints lin conjuncUoin with your scoljpe of work and req u i ire., rn ents,, ii. Literature explaining your capabilities. Please see the attached brochures: Noposail Response eBuMness+ Sokitions, Quartedy BuMness Review, Suslainability, Green Solutions, Irnplernientation, Map of INorth American DistributorI.ocations. b. Submit any information that will aid the City in evaluating your proposal. 5. Ordering and Invoices a. Describe your ordering capacity (telephone, fax, internet, etc). Provide details of the capabilities of your website including ability to display contract pricing, on-line ordering, order tracking, search options, order history, technical assistance, lists, technical data and documentation, identification of alternate green products, etc. Network Services Ihas over 1,00 Corporate Custorners. We currenfly process orders in all the at)ove formats and anticipate managing all formats for existing and new OMMA PPA's. NETWORK currently supports WH EDI and internet ordering for all National Accounts w1flch desire to use one of thesernethods, Over 315% of our purchase orders come in through EM or internet ordering today, and it continues to grow, FEATURES OF OUR EDI-BASED ELECTRONIC ORDERING: • EM through Value -Added Networks (VAN), EIN AS2, o: r EM files via FTP ® Standard E[M 850 order • Standard EM 8155 ordeir confirmation • Customized EM 850 order, • Custornized EM 8155 order confirmation FEATURES OF OUR WEB -BASED ELECTRONIC ORDER ENTRY- • Custom product electronic catalog for each ordering location • Custorn catalog shows Network Services item #, itern description, UOM and pricing • Search for products by name or description • Password protected order entry screens • Multiple pemonal shopping Hsts • Standardized part numbers • Retrieve and reuse past orders and standing orders • Arrange products by user' -defined categories and sub -categories • User -,configurable display options • SpecrjM instructions by order • Super buyer can purchase for rnuKiple locations • Order review and chainge before release • Approval routing of orders ® E-mafl notification on aH orders • Mu R i-vendor ordleir entry portal • hunch -outs to other vendors' catalogs • 11 ocafion spending limits ® Site brandirig with custorner logo • Site custornization As a NETWORK custorner, you'll have access to an exclusive set of savings and efficiency tools that will give you a competitive edge. Placing ordlers, tracking purchases and processing invoices across rnulfiple locaflons with varying demands is a daunfing task. NETWORK helps you simplify these tasks with the support of highly skilled professionals COMbMed Mth the use of proprietary, state -of -the art information technology, Some of our e-conirneirce offerinfs indude. ON-UNE WEB-BAS1:.,D ACCESS TO PURCHASE I HSTORYREPOR'rii * IDistnpay and sorting alternatives wncWde purchases by bcafion raffled tip by state, purchases by produt't and purchases by vaiurne * Reports can Si,10W pUir-chases and mr'nvoa ces fair any perlod ranging frorin a s'pingie day to, 3 years * Repon data cairn be downloaded to spreadsheet for, furthier analysis aind exception repoiling * Data updated every 24 hours, availabie 24/7 * Passwo,r'd protectedaccess * Access data on screein, via EM in standard format through VAN, via ASCII flat: Me o,r file transrmssiion %na Internet o,r FTP e Custorn roll-irip structure can be defined to, fit the customer's company hierarchy, i e., floc bons can roil up to (fistricts, disthcts to re0ons, regions to, dlvisions, etc. * Approp� We access can be given to, people at deslgnated levels in 1i ciusunner's hieraichy * Access data via Mithrough Internet air F M * Custom ASCII flat f He forrnat, or XMI, Me formats avaflaWe * Integratilon with customer's ERP or internM reporting system avaHable * Customized EM purcha5e history docurnents avaiiiable Describe your invoicing process, Is electronic invoicing available? Is summary invoicing available? Are there other options on how an agency receives an invoice? Submit sample invoices. NE"TWORK can provWe fl,-ie fcMowingl' L- LECTRONIC CONSOLIDATED MOKiING * Multiple soul: ng options, e.g., by location, I-,)y kivoice n. * Mulfiplle data display options, e.g., invok-e header inforrinafion, fine pteirn detafl * Based oin customer4efined birne 1period, e.g,,, montifly, bi-weekly, weeMy. * invckes Wrainsferred via the internet or IFTP ( I onsohdate into standard electronic file, e.g., dehinited ASCII flat file such as mrsv or-, )ds Custorn ASCil flat file format or XML file forimat avadable • Insertion of customer G/L codes, department or locafion numbers avadabile • Ability,to cross-reference iteirn Ws to customer G/L codes available • Transfer viia magnefic taipe, disk or CD availaUle EDI INVO�CING * EM through'Value, Added Networks (V'AIY) or IFTP * Standard EDI 810 invoice * Custornpzed EM 810 invoice avaiilabte orHER ELEC-TRONIC MOICING * IInvoke iin standard ASCII flat for-irnat * I ra nsfe r via I int ernet or l:: TP * MOL. file forimat or CLAstorn ASCM flat file for r-nat available an -+ER TYPES, OF INMONG * Standard invoice by mail to ordering bcation or, cenb,41 processing iocatlon * Speciial handling of invoices to meet unique customer needs PAYMFNT METHODS e Uectroiniii,, funds transfer (FF: F') * Automated clearing, 1-muse (ACH) v FM 820 revnittanice as Other electronic formats c. Describe how Offeror measures performance including identification, calculation, tracking and reporting of measurements. What is your stock fill percentage rate, by line item, of the orders filled without backorders? NF-l-wORK tracks nUrnerous KPI (key performance h'idicators), These tracking progirarris are custiorner specific arr)d desned to measure key metrics that are of value,, by customer. CUrrent Custorner satisfaction surveys have 93% National ACCOUnt CUSWMErV'S SayiVIg theywouid reclornmend Netviioirk Services. S�tock fill percentage is cover 98.5510 and for National Acccumt custorners over 95% of orders are filled complete. d. Describe how agencies choosing to pick up products will receive the correct Contract pricing. Indicate how volume will be tracked and reported to 0IVINIA Partners. NEI WORK national aCCOMIt pl[-iClrlg f0rThe City and/or OMMA PIPA's Is the same product Iphclng whether the order is dehvered or pickeld iup. �Nr(r sugges� workJing with your local NETWORK distribu-bon partner for order Ipoicup hour's and process, Sorne locations may have storefronts, others rnight be warehouse pick-ups, 6. Other a. Describe any government rebate programs that are offered. NE,rwORK does riot offer any government rebate priograrns at this time. b. Describe how Offeror will meet the monthly usage reporting criteria. Submit a sample report. NErWORK has extensive eXperience in providing reporting to a nurnber of large nation a I custorners, Attached js a copy of the rnonffily report that is currently provided to OMNlA. There are two tabs the first tracks the Adn'0n Fee (AF) and the second tab has the Niarketing Fee (MF). c. Contractor shall provide and supply customized usage reports upon request from the City of Tucson or any Participating Public Agency. At a minimum, the reports shall include the item number, item description, manufacturer number, total quantity ordered, number of orders and total spend for the requested time period. At a minimum, the City of Tucson requires an annual report within 30 calendar days of each contract years end date. B. Qualifications & Experience 1. Complete 01VINIA Partners Exhibit A, Section 3.0 2. Summarize your experience in providing product and services similar to that outlined in the Scope of Work. Provide a minimum of three references for which you have provided similar products and services. References from other public agencies, particularly municipal governments, are preferred. Please include company name, address, phone, email, and contact person. Mesa Unified Schools 555 South Lewis MeF;a, AZ 852,10 480472,6116 g Irr raverse Glty Public Schools Traverse City, V11 231 .933,1728 Clndy Farrah Eastern IWchigain UniverlsAy YpsHanfi, NM 734A87 0360 [Aleter Otto OaMand 11,)rflversky Rochester, Mi 248370 3172 Constance Jones 3. Please submit any additional information that you feel is applicable to your qualifications and experience. Network SeiMces i-iias the three key factors of the NETWORK and OMNiA pro, rarm SCALE: NETWORK prc)Odes products to 95% of the U.S. populatior� base. Our members currenfly are groMng, viable business within the locAes that 0MNlA wairits to service. We know the needs of these agencies because over the 51 year histcpry of Network, we continue to do business Mth a number of these age�nciesl, SCOPE: NEI WORK is rnarket leader for janitorial distdbuflo n; the core of ou r business for the past 51, years. OMMA needs a business partnerthat, understands and can ainswerthe TMarket needs around sanitaflon, c Ilea in Hiness, sustainalArty, personal health and weRness in a cost and labor eflecflve manner. Iii,isuppo'rtofi:his,wekriowthroat irnpleimenfirtg standard business practices and prograrns heir.m ho1d costs down for all parfles. WILL: NE'TWORK understands the value created by coHaborative aind group purchasing programs. We are a leader in the Healthcare rinarket where this purchasing rnethodOogy lips, accepted best practice. We're l about the new opportunities the OMMA program can provide NETWORK and coinfirwing to, grow relaflonsl'rips we've developed over the last five years. We look forward to the opportunity to work, and grow together; mutuaHly working to buHd a prograirr) that delivers value for all constituents. NETWORK has ten (10) years of succiessful expeiri�,,mce in servicing, growing and developing lastiing relationships with IFhe City, OMMA and their agencies; during our rurrent contract agreernea, lhe conirnitnient to succeed is cfispiayed Ly [.)oth parties' suppor14,% the progress we've made in a shoii t tirne. 4,Describe the current distribution model capable of delivering products nationwide, including the number, size and location of your company's distribution facilities, warehouses and retail network, where applicable. Describe your coverage of the United States. Network Services Company was established in 1.968 to provide products armd r6lated services to , Corporate accottrit custorners on behalf of our distributors. Today, NETWORK is North,AmeHca's leading and largest distributor of I.Mper, janrtodal houselkeeping and maintenance supplies, industr,W packaging, food service disposables, printing paper and related products With over $16 billion in totall annual sdles, NEMORK rnanages national programs for corporate account custoryiers across the U.S. Operating over, 400 distribution facilities throughout NorthArnerica, Canada, Mex�col, Puerto Rico and the U.S. Virgin Islands; NETWORK provides a broad prodiuct s6lecbon, having Ibuilt strategic aifiances with the industry's best in lcaass manufacturers over the last 53. years. NETWORK's award win6ing technology platform and dedication to superior customer seirvice ro tl more tl-,�an 1,300,000 customer locations are only some of the advantages NET offers to corporate acce,.mint custorners, NE'rwORK, as an organization, focuses mainly on five specific busness segrnents: IPublic5ector/Corririnerc�ialIFiealI Estate/Buikfing Services, Healthcare, Foodseiv�ce, the Hospital(ty and hidustrW Packaging corporate accounts. Our streingth Iis inthese segments, utilizing our programs and products in the foHow�ing categodes° Janftohai stjplpfies "includiing towel �& tissue, can liners, (rand soap,.)s and sainitizers, cheirnicals, janitoi pal housekeeping supphes, janitorial equipment sales and personal & safety products; as wefl as food service disposables, hidustriM packag'ing, segment and/or customer specific prodUcts, el.rc. Our Iprogrmams provide Flexibility, AccouintabWty and IExperfise, as coirnp,,)aired to one-size-fits-aii modek CoHaborativOy we work together to find the sdutOns that best fit your needs. We can suggest a menu of options and you seHect the program s, you wish to utilize as we guide you through the developynent of a custornized distribution program, NE'rWORK's corpm ate headquarters, located in Schaurnburg, H., l-iouses our adrninistrative offices and central customer service center. NET'WORK Corporate Account Directors are geograpNcaHy located throughout the U.S. With 400 dpstribufion centers throughout North America, totaling 25 rriHiion sq, ft-, there are over 7,000 U.& employees at our warehouse and operations centers and an addifional3,700 outside sMes people across., North Arnerica. You get nafionall distribOori with the advaintages of a locally supported program. please irefer to the attached proposal Response NE'rWORK Distributor Warehouses HsUng, C. Price Proposal 1. Provide price proposal as requested on the Price Page (See Attachment B). NETWORK's proposM is a fixed price format; based on manufacturer pricing established specifically for OIANM, 'The fixed price format allows manufacturers to provide longer term pricing guarantees, 'This benefits 1DIMNIA in that'Vou know your fixed prk:e for items arid can determine the commensurate value provided by the product. The audit and verification process its ShTlple; an agency just has to compare the invoice jariceto the OMNHA price list, See Attachment B - Natponal Core List for product HsOng with requested inforffiation. This its not the full offering in place today for The of 'Tucson arid OMNlA Flartners but rather only a sampling of the requested items to quote in this RFIF�. 2. Provide available payment terms. Payiniientterms are Net 30 days from invoice date via ACH or Check Orfly. Acceptance of credit cards and associated fees vvffl be deterrrflned by each rnarkOng area. 3. As stated in the Instructions to Offerors, 7. Discounts, the price(s) herein can be discounted by _%, if payment is made within _ days. These payment terms shall apply to all purchases and to all payment methods. 4. Will payment be accepted via commercial credit card? Yes X a. If yes, can commercial payment(s) be made online? Yes Igo b. Will a third party be processing the commercial credit card payment(s)? — Yes No c. If yes, indicate the flat fee per transaction �_WA_ (as allowable, per Section 4.9 of the MasterCard Transaction Processing Rules). d. If 'no" to above, will consideration be given to accept the card? —Yes — X . ........... No � ......... 5. Does your firm have a City of Tucson Business License? _X. . ............ . . -Yes . ......-No If yes, please provide a copy of your City of Tucson Business license. See the attached City of Tucson business license III. (GENERAL A. Shortlist: The City reserves the right to shortlist the offerors on Method of Approach of the stated criteria. However, the City may determine that shortlisting is not necessary. B.Interviews: The City reserves the right to conduct interviews with some or all of the offerors at any point during the evaluation process. However, the City may determine that interviews are not necessary. In the event interviews are conducted, information provided during the interview process shall be taken into consideration when evaluating the stated criteria. The City shall not reimburse the offeror for the costs associated with the interview process. C. Additional Investigations: The City reserves the right to make such additional investigations as it deems necessary to establish the competence and financial stability of any offeror submitting a proposal. D. Prior Experience: Experiences with the City and entities that evaluation committee members represent and that are not specifically mentioned in the solicitation response may be taken into consideration when evaluating offers. E. Multiple Awards: To provide adequate contract coverage, at the City's sole discretion, multiple awards may be made. SPECIAL TERMS AND CONDITIONS 1. COOPERATIVE PURCHASING: Any Contract resulting from this solicitation shall be for the use of the City of Tucson. In addition, public and nonprofit agencies that have entered into a Cooperative Purchasing Agreement with the City of Tucson's Department of Procurement or registered with OMNIA Partners are eligible to participate in any subsequent Contract. See l/trvw,,u t c on rnent.corn/coop partne s.aspxr and click on Cooperatives for a list of the public and nonprofit agencies that have currently entered into Cooperative Purchasing Agreements with the City of Tucson. Additionally, this contract is eligible for use by the Strategic Alliance for Volume Expenditures (SAVE) cooperative. See htttL.-//www.rnesa5t-iowdocurnen1?id=23638 for a listing of participating agencies. The parties agree that these lists are subject to change. Any orders placed to, or services required from, the successful Contractor(s) will be requested by each participating agency. Payment for purchases made under this Contract will be the sole responsibility of each Participating Public Agency. The Contractor may negotiate additional expenses incurred as a result of Participating Public Agencies' usage of this Contract (i.e., freight charges, travel related expenses, etc.). The City shall not be responsible for any disputes arising out of transactions made by others. The Contractor(s) will provide an electronic copy of the complete Contract to the City of Tucson Department of Procurement upon receipt of the Notice of Intent to Award. At the City's request, the successful Contractor(s) may also be requested to provide an electronic copy of the complete Contract to a participating agency. 2. INSURANCE: The Contractor agrees to: A. Obtain insurance coverage of the types and amount required in this section and keep such insurance coverage in force throughout the life of this contract. All policies will contain an endorsement providing that written notice be given to the City at least 30 days prior to termination or cancellation in coverage in any policy, and 10 days notice for cancellation due to non-payment in premium. B. The Commercial General Liability Insurance and Commercial Automobile Liability Insurance policies will include the City as an additional insured with respect to liability arising out of the performance of this contract. Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract. The insurance hereunder will be primary and that any insurance carried by the City will be excess and not contributing. C. Provide and maintain minimum insurance limits as applicable: COVERAGE LIMITS OF LIABILITY Policy shall include Bodily Injury, Property Damage, Personal Injury and Broad Form Contractual Liability Each Occurrence $1,000,000 General Aggregate $2,000,000 Products & Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,000,000 Blanket Contractual Liability $1,000,000 Policy shall include Bodily Injury and Property Damage, for any owned, Hired, used in the operation, installation and maintenance of facilities under this agreE Combined Single Limit and/or Non -owned vehicles ment. $1,000,000 Occurrence Employer's Liability Disease Each Employee Disease Policy Limit latatury $1,000,000 $1,000,000 $1,000,000 ' Sole Proprietor/Independent Contractor designation is given to those who desire to waive their rights for workers' compensation coverage and benefits as outlined in AIRS§ 23-901 and specifically AIRS § 23-961(0). If applicable, please request the Sole Proprietor/Independent Contractor form from the Contract Officer listed in the solicitation. I'Wl6='ase see tie attached (,',e iR Wcatp ofinsurance Coverage. D. ADDITIONAL INSURANCE REQUIREMENTS: Policies shall be endorsed to include the following provisions: 1. A waiver of subrogation endorsement in favor of the City of Tucson, for losses arising from work performed by or on behalf of the Contractor (including Worker's Compensation). 2. The insurance afforded the contractor shall be primary insurance and that any insurance carried by the City of Tucson and its agents, officials or employees shall be excess and not contributory. 3. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of this Contract. E. NOTICE OF COVERAGE MODIFICATIONS: Any changes material to compliance with this contract in the insurance policies above shall require 10 days written notice from the Contractor to the City of Tucson. Such notice shall be sent directly to the Department of Procurement. F. ACCEPTABILITY OF INSURERS: Contractors insurance shall have an "A.M. Best" rating of not less than A:VII. The City of Tucson in no way warrants that the required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. G. VERIFICATION OF COVERAGE: Contractor shall furnish the City of Tucson with certificates of insurance (ACORD form or equivalent approved by the City of Tucson) as required by this Contract. The certificates for each insurance policy are to be signed by an authorized representative. All certificates and endorsements are to be received and approved by the City of Tucson before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work and remain in effect for the duration of the contract and two (2) years after completion. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal upon the City's request, is a material breach of contract. All certificates required by this Contract shall be sent directly to the Department of Procurement. The City of Tucson project/contract number and project description shall be noted on the certificate of insurance. The City of Tucson reserves the right to require complete copies of all insurance policies required by this Contract at any time. H. SUBCONTRACTORS: Contractors' certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the City of Tucson separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above. I. EXCEPTIONS: In the event the Contractor or sub-contractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self - Insurance. 3. TERM AND RENEWAL: The term of the Contract shall commence upon award and shall remain in effect for a period of two (2) years, unless terminated, canceled or extended as otherwise provided herein. The parties shall have the right, upon mutual agreement at its , to renew the Contract for two (2) additional two-year periods or portions thereof. In the event that the paar°iies Oity exercises such rights, all terms, conditions and provisions of the original Contract shall remain the same and apply during the renewal period with the possible exception of price and minor scope additions and/or deletions. 4. PRICE ADJUSTMENT: The City will review fully documented requests for price adjustment after any Contract has been in effect for one (1) year and for each additional one (1) year canna ver°rsary date period thereafter, which will be a factor in the renewal review process. The City will determine whether the requested price adjustment, or an alternate option, is in the best interest of the City. Any price adjustment will be effective upon the effective date of the Contract anniversary date renewal or, in the case of a mid-term adjustment, upon execution of the amendment. Notwithstanding the foregoing, the City will review requests for price adjustrnents at any brie if .any manufacturer of products provided under the Con1tract updates (product costs based on market conditions, which requests will not be unreasonably denied Iby the. City. 6. FOB DESTINATION FREIGHT PREPAID: Subject to the provisions of this ;Section Prices shall be FOB Destination Freight Prepaid to the delivery location designated. Contractor will provide delivery on a freight free basis to all agency locations that fall within Contractor's freight free delivery zones per Contractor's 'Geomaster'. ShOUld any locations fall outside the freight free delivery zones, Contractor will contact the applicable agency and review service requirements for those locations in a manner acceptable to both the agency and Contractor inclruding a possible freight fee charged to the applicable agency. Freight charges to the no -freight charge icrations shall not exceed actual freight charges incurred by Contractor, Contractor shall retain title and control of all goods until they are delivered and the Contract of coverage has been completed. All risk of transportation and all related charges (except as otherwise set forth above) shall be the responsibility of the Contractor. All claims for visible or concealed damage shall be filed by the agency to Contractor. The City will assist the Contractor in arranging for inspection. Each individual order placed by an agency must exceed �00 of products; provided, however, if an 'individual order is placed by an regency for, less than or equal to $400,Contractor, in its sole discretion, may change sauch agency a fee for a below minimurn order, 6. SUBSTITUTE ITEMS: In the event that a product or model provided under the contract is discontinued by the manufacturer, the City at its sole discretion may allow the Contractor to provide a substitute for the discontinued item. The Contractor shall request permission to substitute a new product or model and provide the following: A. A formal announcement from the manufacturer that the product or model has been discontinued. B. Documentation from the manufacturer that names the replacement product or model. C. Documentation that provides clear and convincing evidence that the replacement meets or exceeds all specifications required by the original solicitation. D. Documentation that provides clear and convincing evidence that the replacement will be compatible with all the functions or uses of the discontinued product or model. E. Documentation confirming that the price for the replacement is the same as or less than the discontinued model. STANDARD TERMS AND CONDITIONS 1. ADVERTISING: Contractor shall not advertise or publish information concerning this Contract without prior written consent of the City's Director of Procurement. 2. AFFIRMATIVE ACTION: Contractor shall abide by the provisions of the Tucson Procurement Code Chapter 28, Article XII. 3. AMERICANS WITH DISABILITIES ACT: The Contractor shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101, et seq.) and applicable Federal regulations under the Act. 4. APPLICABLE LAW: This Contract shall be governed, and the City and Contractor shall have all remedies afforded to each, by the Tucson Procurement Code and the law of the State of Arizona. State law claims shall be brought only in Pima County Superior Court. 5. ASSIGNMENT -DELEGATION: No right or interest in this Contract shall be assigned by the Contractor without prior written permission of the City, and no delegation of any duty of the Contractor shall be made without prior written permission of the City's Director of Procurement. The City shall not unreasonably withhold approval and shall notify the Contractor of the City's position by written notice. Not:w iit'),stam'id'1ng tal°:e f'oregolriq, tl°wry City 1hereby a:° know ledges ,ind agrrees thiai the products and s(-r' ics shall be provided by Contractor tlhroU911 mts rr°wernbeir-distribotiors and hereby exl)iressly amr inserts to tlhe Provision of ftie 1products and ser-vices by its v e "rber-distributors, withoutfurther notice or lw lerrni ss'loin being required. 6. CHILD/SWEAT-FREE LABOR POLICY: The Contractor shall comply with all applicable provisions of the United States Federal and State Child Labor and Worker's Right laws and agrees if called upon to affirm in writing, that they, and any subcontractor involved in the provision of goods to the City, are in compliance. 7. CLEAN UP: The Contractor shall at all times keep the contract area, including storage areas used by the Contractor, free from accumulation of waste material or rubbish and, prior to completion of the work, remove any rubbish from the premises and all tools, scaffolding, equipment and materials not property of the City. Upon completion of the repair, the Contractor shall leave the work and premises in clean, neat and workmanlike condition. 8. 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 purchase order or is otherwise directed to do so, in writing, by the City. 9. CONFIDENTIALITY OF RECORDS: The Contractor shall establish and maintain procedures and controls that are acceptable to the City for the purpose of assuring that no information contained i n its records or obtained from the City or from others in carrying out its functions under the Contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Contract. Persons requesting such information should be referred to the City. Information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under the Contract, unless otherwise agreed to in writing by the City. 10. CONTRACT AMENDMENTS: The Procurement Department has the sole authority to: A. Amend the contract or enter into supplemental verbal or written agreements; B. Grant time extensions or contract renewals; C. Otherwise modify the scope or terms and provisions of the contract. This Contract shall only be modified with the approval of the Department of Procurement. Except in the case of a documented emergency, approval must be granted prior to performance. Any contract modification not explicitly approved by the Procurement Department through a written contract amendment or change order is performed at the sole risk of the Contractor and may not be eligible for payment by the City. 11. CONTRACT: The Contract shall be based upon the Request for Proposal issued by the City and the Offer submitted by the Contractor in response to the Request for Proposal. The offer shall substantially conform to the terms, conditions, specifications and other requirements set forth within the text of the Request for Proposal except where exceptions are rioted. The City reserves the right to clarify any contractual terms with the concurrence of the Contractor; however, any substantial non -conformity in the offer, as determined by the City's Director of Procurement, shall be deemed non -responsive and the offer rejected. The Contract shall contain the entire agreement between the City of Tucson and the Contractor relating to this requirement and shall prevail over any and all previous agreements, contracts, proposals, negotiations, purchase orders, or master agreements in any form. 12. DEFAULT IN ONE INSTALLMENT TO CONSTITUTE TOTAL BREACH: Contractor shall deliver conforming materials in each installment or lot of this Contract and may not substitute nonconforming materials, urdess approved In advance by the City. Delivery of nonconforming materials, or default of any nature, may constitute breach of the Contract. Noncompliance may be deemed a cause for possible Contract termination. 13. DUPLEXED/RECYCLED PAPER: In accordance with efficient resource procurement and utilization policies adopted by the City of Tucson, the Contractor shall ensure that, whenever practicable, all printed materials produced by the Contractor in the performance of this Contract are duplexed (two-sided copies), printed on recycled paper and labeled as such. 14. EQUAL PAY: The Contractor shall comply with the applicable provisions of the Equal Pay Act of 1963 (Pub.L. 88-38, 29 U.S.C. section 206(d)); Title VII of the Civil Rights Act of 1964 (Pub.L. 88-352, 42 U.S.C. 2000e et.seq.; and, the Lily Ledbetter Fair Pay Act of 2009 (Pub.L. 111-2). 15. EXCLUSIVE POSSESSION: All services, information, computer program elements, reports and other deliverables created under this Contract are the sole property of the City of Tucson and shall not be used or released by the Contractor or any other person except with prior written permission by the City. 16. FEDERAL IMMIGRATION LAWS AND REGULATIONS: Contractor warrants that it complies with all Federal Immigration laws and regulations that relate to its employees and complies with A.R.S. § 23- 214(A) and that it requires the same compliance of all subcontractors under this Contract. Contractor acknowledges that pursuant to A.R.S. § 41-4401 and effective September 30, 2008, a breach of this warranty is a material breach of this Contract subject to penalties up to and including termination of this Contract. The City retains the legal right to audit the records of the Contractor and inspect the papers of any employee who works for the Contractor to ensure compliance with this warranty and the Contractor shall assist in any such audit. The Contractor shall include the requirements of this paragraph in each contract with subcontractors under this Contract. If the Contractor or subcontractor warrants that it has complied with the employment verification provisions prescribed by sections 274(a) and 274(b) of the Federal Immigration and Nationality Act and the E-verify requirements prescribed by A.R.S. § 23-214(A), the Contractor or subcontractor shall be deemed to be in compliance with this provision. The City may request proof of such compliance at any time during the term of this Contract by the Contractor and any subcontractor. 17. FORCE MAJEURE: Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented by reason of Force Majeure. The term "Force Majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Force Majeure shall not include late performance by a subcontractor unless the delay arises out of a Force Majeure occurrence in accordance with this Force Majeure term and condition. If either party is delayed at any time in the progress of the work by Force Majeure, the delayed party shall notify the other party in writing of such delay, as soon as is practical, of the commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be hand -delivered or mailed certified -return receipt and shall make a specific reference to this article, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing when it has done so. The time of completion shall be extended by contract modification for a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance with this Contract. 18. GRATUITIES: The City may, by written notice to the Contractor, terminate this Contract if it is found that gratuities, in the form of entertainment, gifts, meals or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor, to any officer or employee of the City amending, or the making of any determinations with respect to the performing of such Contract. In the event this Contract is terminated by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold from the Contractor the amount of the gratuity. 19. HUMAN RELATIONS: Contractor shall abide by the provisions of the Tucson City Code Chapter 28, Article XI I. 20. INDEMNIFICATION: Contractor acIrer, s to 'indeamif'y and twoW harmless the City of "Tucson and its s ffihates, officers, directors, er°rmp@oyees, clients and agents °frorn ainy and all third pain :y cllaims, darnages, li bilit'ies arm costs„ losses and expenses (including reasonable attorney's fees and disbursements) wWch the City of `f�a,ricson or rainy of the saki persorrs shall suffer or incur as a reswtrlt of or' a �ttrlbrrtalblle to (l) any and all clalrns, darnages, liabilities, costs, losses alr d expenses (including reasonak)im.r attorney's fees and disbursements) arising out of Contractor's breach of its representations, warranties, obligations or covenantsset forth in this Agreement or (11) Cir ntr,actor's failure to cornpily with the ter°rrms of this Contract; provided, however, ziny such lnderynnific� tion shMl exclude any such losses and expenses caused by the act;, ors^rission, breach or gross nrrglrgr-,rnce of'the City. To the fullest extent permitted by law, Contractor, its successors, assigns and guarantors, shall pay, defend, indemnify and hold harmless City of Tucson, its agents, representatives, officers, directors, officials and employees from and against all allegations, demands, proceedings, suits, actions, claims, including claims of patent or copyright infringement, damages, losses, expenses, including but not limited to, attorney fees, court costs, and the cost of appellate proceedings, and all claim adjusting and handling expense, related to, arising from or out of or resulting from any actions, acts, errors, mistakes or omissions caused in whole or part by Contractor relating to work, services and/or products provided in the performance of this Contract, including but not limited to, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable and any injury or damages claimed by any of Contractor's and Subcontractor's employees. It is agreed that Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. The Contractors agrees to waive all rights of subrogation against the City of Tucson, it's agents, representatives, officers, directors, officials, employees and volunteers for losses arising from the work performed by the Contractor for the City of Tucson. Contractor is responsible for compliance with the Patient Protection and Affordable Care Act (ACA), for its employees in accordance with 26 CFR §54. 4980H. Additionally, Contractor is responsible for all applicable IRS reporting requirements related to ACA. If Contractor or any of Contractor's employees is certified to the City as having received a premium tax credit or cost sharing reduction which contributes to or triggers an assessed penalty against the City, or Contractor fails to meet reporting requirements pursuant to section 6056 resulting in a penalty to City, Contractor indemnifies City from and shall pay any assessed tax penalty. 21. INDEPENDENT CONTRACTOR: It is understood that each party shall act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other party for any purpose. The Contractor shall not be entitled to compensation in the form of salaries, holidays, paid vacation, sick days, or pension contributions by the City. The City of Tucson will not provide any insurance coverage to the Contractor, including Worker's Compensation coverage. The Contractor is advised that taxes, social security payments, and other withholdings shall not be withheld from a City payment issued under this Contract and that Contractor should make arrangements to directly pay such expenses. Contractor is responsible for compliance with the Affordable Care Act for Contractor and any of Contractor's employees. 22. INSPECTION AND ACCEPTANCE: All material or service is subject to final inspection and acceptance by the City. Material or service failing to conform to the specifications of this Contract shall be held at the Contractor's risk and may be returned to the Contractor in accordance with Contractor's return policies cornmunicated tal The City,, Except as set forth in Contractor's return I;,roh ies. If returned, all costs are the responsibility of the Contractor. Noncompliance may be deemed a cause for possible Contract termination. 23.INTERPRETATION-PAROL EVIDENCE: This Contract is intended by the parties to be a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of this agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in the Contract. Acceptance or consent in the course of performance under this Contract shall not be relevant to determine the meaning of this Contract even though the accepting or consenting party has knowledge of the nature of the performance and the opportunity to object. 24. ISRAEL BOYCOTT DIVESTMENTS: Acceptance of the contract warrants that the vendor is in compliance with A.R.S. § 35-393 and does not participate in a boycott of Israel as that term is defined within A.R.S. § 35-393. 25. LICENSES: Contractor shall maintain in current status all Federal, State, and local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this Contract. 26. LIENS: All materials, services, and other deliverables supplied to the City under this Contract shall be free of all liens other than the security interest. Security interest shall extinguish upon full payment made by the City. Upon the City's request, the Contractor shall provide a formal release of all liens. 27. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender of materials must fully comply with all provisions of this Contract. If a tender is made which does not fully comply, this shall conform to the termination clause set forth within this document. 28. NON-EXCLUSIVE CONTRACT: Any contract resulting from this solicitation shall be awarded with the understanding and agreement that it is for the sole convenience of the City of Tucson. The City reserves the right to obtain like goods or services from another source when necessary. 29.OVERCHARGES BY ANTITRUST VIOLATIONS: The City maintains that, in actual practice, overcharges resulting from antitrust violations are borne by the purchaser. Therefore, to the extent permitted by law, the Contractor hereby assigns to the City any and all claims for such overcharges as to the materials or services used to fulfill the Contract. 30. PAYMENT: The City's pFeferrerr Method of r,aymeRt ,s via ,.Ferri+ eard The City will issue a Purchase Order and, in some cases, either provide a credit card for payment at the time of ordering or pay subsequent invoices by credit GaFd upon receipt of goods or services in good order. Payments shall be made by ACH or by (bank check. However, Rot all City employees will POSSeSS a Gredit Gard and, therefore—, the City Feserver. the Fight to make payment by Gh8Gk as it deems ReGessaFy. Unless payment is made by credit card at time of order or point of sale, a separate invoice shall be issued for each shipment of material or service performed, and no payment shall be issued prior to receipt of material or service and correct invoice. The invoice shall not be dated prior to the receipt of goods or completion of services. The City shall make every effort to process payment for the purchase of materials or services within twenty-one (21) calendar days after receipt of materials or services and a correct invoice. The Contractor's payment terms shall apply to all purchases and to all payment methods. All airnounts lowed Iby tile City are to II°)g ireceived by Clo ntractor within thirty (�d) days frorn invoice dat:e,. Payinnent s made by iun'roet:hods other than ACH or bank check may result in Farm increase in pri61ng to offset their related adrnini.mmtratlive clo.st s, as dets:,�mmined irm the reasmmmmable udgmerd of Contractor, 31. PROTECTION OF GOVERNMENT PROPERTY: The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation (such as trees, shrubs, and grass) on City property. If the Contractor fails to do so and damages such property, the Contractor shall replace or repair the damage at no expense to the City, as determined and approved by the City's Director of Procurement. If the Contractor fails or refuses to make such repair or replacement, the City will determine the reasonable and actual cost and the Contractor shall be liable for the cost thereof, which may be deducted from the Contract price. 32. PROVISIONS REQUIRED BY LAW: Each and every provision of law and any clause required by law to be in the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the Contract shall be amended to make such insertion or correction. 33. RECORDS: Internal control over all financial transactions related to this Contract shall be in accordance with sound fiscal policies. The City may, at reasonable times and places, audit the books and records of the Contractor and/or any subcontractors. Said audit shall be limited to this Contract. 34. RIGHT TO ASSURANCE: Whenever one party to this Contract has reason to question, in good faith, the other party's intent to perform, the former party may demand that the other party give a written assurance of this intent to perform. In the event that a demand is made and no written assurance is given within five (5) days, the demanding party may treat this failure as the other party's intent not to perform and as a cause for possible Contract termination. 35. RIGHT TO INSPECT: The City may, at reasonable times, and at the City's expense, inspect the place of business of a Contractor or subcontractor which is related to the performance of any Contract as awarded or to be awarded. 36. RIGHTS AND REMEDIES: No provision in this document or in the Contractor's proposal shall be construed, expressly or by implication, as a waiver by either party of any existing or future right and/or remedy available by law in the event of any claim, default or breach of contract. The failure of either party to insist upon the strict performance of any term or condition of the Contract, to exercise or delay the exercise of any right or remedy provided in the Contract or by law, or to accept materials or services required by this Contract or by law shall not be deemed a waiver of any right of either party to insist upon the strict performance of the Contract. 37. SEVERABILITY: The provisions of this Contract are severable to the extent that any provision or application held to be invalid shall not affect any other provision or application of the Contract which may remain in effect without the valid provision or application. 38. SHIPMENT UNDER RESERVATION PROHIBITED: No tender of a bill of lading shall operate as a tender of the materials. Non-compliance shall conform to the termination clause set forth within this document. 39. SUBCONTRACTS: No subcontract shall be entered into by the Contractor with any other party to furnish any of the material/service specified herein without the advance written approval of the City's Director of Procurement. All subcontracts shall comply with Federal and State laws and regulations which are applicable to the services covered by the subcontract and shall include all the terms and conditions set forth herein which shall apply with equal force to the subcontract, as if the subcontractor were the Contractor referred to herein. The Contractor is responsible for contract performance whether or not subcontractors are used. Notwithstanding ndling the foregoforego� nq, the City hereby ackn wleidges and agrees that the products and services shall be lMrrorrlded by Contractor through its me mmuber-distiffiUtOT arid y expressly y provision p r� y Contractor a .°rd II°rew�irr�l�� em� ^° r�es:�ia consents t�cm t�tr� of tll�me� rem�r��tuct.� ar�.md enrvro�e�s �d thr°orAglm its rneeir �d�r rw.�dmstr°ilzutr:�mrs, wlthoiut further notices o,r approval Ibehrig reCiLmiiired, 40. SUBSEQUENT EMPLOYMENT: The City may terminate this Contract without penalty or further obligation pursuant to A.R.S. Section 38-511 if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract, on behalf of the City, is or becomes, at any time while the Contract or any extension of the Contract is in effect, an employee of, or a contractor to, any other party to this Contract with respect to the subject matter of the Contract. Termination shall be effective when written notice from the City's Director of Procurement is received by the parties to this Contract, unless the notice specifies a later time. 41. TERMINATION OF CONTRACT: This Contract may be terminated at any time by mutual written consent, or by the City, with or without cause, upon giving thirty (30) days written notice. The City, at its convenience, by written notice, may terminate this Contract, in whole or in part. If this Contract is terminated, the City shall be liable only for payment under the payment provisions of this Contract for services rendered and accepted material received by the City before the effective date of termination. The City reserves the right to terminate the whole or any part of this Contract due to the failure of the Contractor to carry out any term or condition of the Contract. The City will issue a written ten (10) day notice of default to the Contractor for acting or failing to act as specified in any of the following: In the opinion of the City, the Contractor provides personnel that do not meet the requirements of the Contract; In the opinion of the City, the Contractor fails to perform adequately the stipulations, conditions or services/specifications required in this Contract; In the opinion of the City, the Contractor attempts to impose personnel, materials, products or workmanship of an unacceptable quality; The Contractor fails to furnish the required service and/or product within the time stipulated in the Contract; In the opinion of the City, the Contractor fails to make progress in the performance of the requirements of the Contract; The Contractor gives the City a positive indication that the Contractor will not or cannot perform to the requirements of the Contract. Contractor reserves fllheA rl9lht to terminate ffie wlrlmole or airry part of this Contract due to the fallurr of the City to carry OW any t.esrr°n or conditlon of the Contract, if such faillUre is not cured Mtlhin ten (alli days of tltie notice of default, l"fiontiractor will issue a wir,Rten tern (td) day r,mot'lcee of default 'to the Car ty for, rre,°tlir�q or.falRlir°rfl to act in accordance m with the terms or corrr'tffior,rs of tit° e Contract,, Each payment obligation of the City created by this Contract is conditioned upon the availability of City, State and Federal funds that are appropriated or allocated for the payment of such an obligation. If funds are not allocated by the City and available for the continued purchase of the services and/or materials provided under this Contract, this Contract may be terminated by the City at the end of the period for which funds are available. The City will endeavor to notify the Contractor in the event that continued service will or may be affected by non - appropriation. No penalty shall accrue to the City in the event this provision is exercised, and the City shall not be obligated or liable for any future payments due or for any damages as a result of termination under this paragraph. 42. TITLE AND RISK OF LOSS: The title and risk of loss of material or service shall not pass to the City until the City actually receives the material or service at the point of delivery, unless otherwise provided within this Contract. 43. WARRANTIES: be Set rth in thig . AlA, PRODucm PROVMEN "RC THE CI'"V UNDERR TM PTFRAcr FAR E:ON RAC,"TOR ARE P RCVOED "AS i ," AND CONTRACTOR MAKES NO EXPRESS ESS OR I&!' PLIED WARRAN11ES REGARDiNG ANY' FRR` Duns. NOT4 dITHSTNV: W 1"H E FOREGONG, ONTRAC"f"ttlt 'ail° A11 PASS THROUGH T101,r E CITY l..l_ WARRANTIESAND INDEMNIFICATIONS, , IF ANY (lF ANDi P --rFIE EXTENT CONTRACTOR REMAMS PISO IEcI.I ) THEREUNDER), THA17 R ONTRR IORR RECEIVES FROM THE MANUFACTURERS OF THE I:,TRR0MJCTS. PRICE PAGE See Attachment B - Excel Price Page Tab 1 - National Core List Tab 2 - Additional Suppliers ATTACHMENTS Attachment A - OMNIA Partners - Requirements for National Cooperative Contract Attachment B - Excel Price Page Attachment C - HUD Documents 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. NETWORK ard WAXIF acknowledge, understand, and agree to cornply with sec:bons 1.0 ._- 2,0 and aitl suVhu!�ectoons the resin, t,ur less indicated othucarMse by our is n uaga;.n/expWnafion is in bkje foriit diirecdy belliow the secboin or sau selcd n, OUr' Bresk onsf�.s o sectaa�` n 3, and its � Ubisec'tl'�c' ns, can n" e found �� . � t � directly Wow ttuaaa subsection in talaua,:a font. 1.1 Requirement The City of Tucson (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 Janitorial and Sanitation Supplies, Equipment, and Related Services. 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 OMN1A 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. 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. OMNTA 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 tails B. Joint sales calls C. Communications/customer service D. Training sessions for Public Agency teams 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 3% 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 $110 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 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 RFP response that will be responsible for the overall management of the Master Agreement. (2) The Master Agreernent is one of NE DA/DRK's triirnary "go to mrket" �,trategies for aH Public Agencies. 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. NETWORK TtK and AM are offering p6cing to City of Tucsarairn„ 0mr0a, and Participating p^"rjbhc Agencies (IPPA's) eased Warn NE f'w,NORK ne,gotrated Ipra curt costs offered bV contracted rniaraaafactarers. These cast stipapaic"rrts are basied on a rru rnber of factor's including the voluarn' e of: purchases, and deterviiined by the InrnaiwfauaG.tUrerw not " the istrfl-.wtor, 'T"paws, offer 'iirocUe s pricing offered excticsively lfcir The (Aty of i'aacsaarr/Ornna'ta. Pwticipating f'ubkc Agencies ncies receive the benefit of the aggregate spend of (MONA Partners, NFt"WtikRK ,,and WAXIE MH uffer City of" Tucson and PPAs the sarne pike as other wstorner.s utifizing sirn°nHar procr.arrairuaent unethods and purchasing a imHau"votrars')r.':"s of prrsmahict, with the salr'vn�e rnarwfa ctrarer cos'tr supports. tAXIIIE wdl n4kie (Jity � f T'ticson aware of any corbsor'fiknna or G'rmip Purchasing O r paraN,mf:ron pndr%,, paro rarna opp ortwiihes Uiat v+acsn.nkrf afford arty of I ucsona a better overafl spend for the par rc uc(s awarded. NETWORK and'WAXHE:I iniardtor competifive 1.,,)ricing aind product rriix annuaRy. We agii,ee to negoflate in good faith to power any prices that are imsahgned with the market. Misalignment with the market is determk'wed b,y feedback frorn contract pairticipants, lost opporturiffies, arid/or other market 4AOHgence as received or gathered froirn any source,, 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. NEIVORK and WAXflE wifl compensate our sales forces under 'the compensation structure currently employed to prornote sales of our Public Sector contracts. We utilize the sarne compensatJon structure to incent sales for all segments of our business. Supplier must supply the following information in order for the Principal Procurement Agency to detennine 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. WAXIE Founded in 1945, WAXlE Sanitary Supply is a 74-year o, d, pi'ivatOy h6ld, farnHy-owned company with a proud history of honoring our customers, communities, and farnfly vaiiues., 1 his attitude is ernbodW in our comparly motto: The Most Trusted Name hi Clean. Since 1945. W=E has long been focused on our customers and prides ourselves on helpAng bushiesses keep their facilities cleaner, healthier, greener and safer, We are passionate about what we do and are corniniftted to delivering that passion to our custornem, WAXIIE is arnong the pargest dist6butors of sanitairy supplies and equipment in the Western United States and is one of the larF gest farriffy owned dktribUtors ki the nation,, We differentiate ourseNes by having orders delivered on tirne, at the right price,, with no substitutions, and with exceptional custorrier service by a unifornied WAME tearn rnernber in a clean, logoed WAXIIE truck, We are here to listen -to our custorners and respond to their needs. Our average fill rate on orders is 9M For the past seven decades, WA)OE has rernained the hidiustry leader in the distrNificin of quality jaliftorial supplies to the education, goveriniment, coirrumercW, industrW, and contractor markets in the United States and abr'oad. For more inforimation about WAXff and our capabilities, piease see Exhibit A 11A for WAXIE..�'s Capabilities Brochure. NETWORK Network Services Company was established in 1.968 to provide products and related services to corporate account custome,r's on betWf a:)f our distributors. 'Today, NE-l'WORK is North America's Qeading and far&,est distributor of paper, janftoirral housekeepirig and malntenance supplies, Iirudunstri W packaglingp, food seirvice disposaNes, printing paper, and r6lated products. With oveir $1 Ibilhcnrn in total annual sales, NE"nNORK rnanages national prograrns for corpoirate account customers across the U.S. Operating oveer 400 dWstributlon facilities thiroughonut: North America, Canaida, Mexico, Pueilo IRico and the LLS, Virgin islands; NETWORK pirovldes a birolad i.)rodtjct selection, havkig buft strategic aiRances with the kidustry's Ibest lirn class rnanufacuirers for rnorethan50years. NET' WORK'sawairclwiririirigi:eciiriologypatformai,iddedcatiouitosojl)eiriorcoast on�ier, service to more thain 1,300,000 customer bcafioris aire only sorne of the advantages NET WORK' offers to c,o rpol rate account ckjstorneirrsW,, NETWORK, as an organization, focuses unainly on five specfficl bushiess segments: ComrnercW Real Estate/BuHding Services, Healthcare, Foodservice, the Hospitality and Industrial Packagkig corporate accounts. Ouir strength is in these segrnents, ublizing our prograirns and products in the faHowing categoiries: Jarfltodal supphes inckjdingtowei & tissue, cars firreirs, hand soaps and sainffizers, chernicak, jaunit or4l housekeeping supphes, janitorial equipment 41es and personal & safety produrls; as wefl as food sein4ce disposables, industrial packaging, segrnent and/or custon ner specific products, etc. We have also worked with several giwernment agencies which have expressed the deslire and need for adciftional securfty rues asures, 1 herefoire, 41 select areas, NUTWORK is alble to offer document shredding as seiry'lc e, We suggest speaWig with Vour, locai representative, should this option Ibe of interest, Ou,jr,prograrnsr)F,o,videFexbility,A(.cokAntalb'ilityaindExpear ,tise, as compla red to one-size-4 fts-aill rnodek. Collaborativehl e work togetheir to find the so ki hons, that Ibest fit you ir needs. We can suggest a i"nenu of crptions and you select the prograrns youwisti to utifize as we guWe you through the development of as customized drstrlbuflon prograirn, i7bi the City of Tucsoin WAX11" ernploys over 260 41es prolessbnals to serve our custorriers. WAXIE has 23 locations incluOng ten (10) Regional lnventonCrenters senticing eleven (11) states that incUJe: California, Oregon,'Wasf,flngton, Alasl0,, Arizona, Nevada, Utah, Idaho, Worado, Wyoming, and Montana. Ouir Cafifornia sal(-:s managernent and sales force locadons are Sari Diego (Home Offs e), Santa Ana, Ontario, Liverroore, and Sacramento. We have satelhte locations in an Jose, Santa Rosa, El Centro, and Thousand Prns. Outside of CaHfi.)rnia, WAXIE 4es management and sales forcres are bcated in Mesa AZ, waft L,ake ("'ity U"T", I)enveir CO, i as Vegas NV, Seattle WA, An(:horage At(,, with severaIl sateBite locations in the IrcAlowing cities arld states:"T'ucson AZ, Poral and OR, Spokane INA, 13olse 1f), Idaho F:ahs 11), St. George UT, Colorado Spdngs and Fairbanks AK. NalronaHy, NETWORK's Corporate Account Directors are geographically kxated throughout the U.S. 'rhere are more than 7,000 ULS employees at our warehouse and operatiorv; centers and an additional 3,700 outside sales people across INoirth run drama and'75 Corpcrate Account Charnplons located at each of our distributcKs whose purpose is to adnikilster and support our globa] corporate acc,,,ount iinRiatives. 'The Corporate Account Director rnanages the relationship with your corpcar me, headquarters aind tl-4ir corporate counterpart. The Corporate Account Director is responsible for cornmunicating the prograrn, expectations and requirements to NETWORK staff as w6ll as the local NETWORK distrbrItof'S. OUr &thbutor 41es representatives are respoinsibie for- estabkNng relaflonst0ps with their local facihfles, exploring what uniique needs they may have, establishing order guides and replerrlshment criteria, anticipated order/dehvey days, determining regularfty of visits with the custorner, if site specRic training is needed, etc. NETWORK (,ATEGORY DEVELOPMENT ANAi YS'F -- Manages all coirporatam contracted products and rnanufacturer programs. Works with sales and customer corporate contact to develop ideas lor aiternative prodUCt, process irnprovement and crost reducficim Tracks and reports all cost reductions arid 'increases through an impact analysis, Quarterly updates on 1price list additions, deletions, and changes, as needed. leaLEMENTATION MANAGER AND CO-ORDINATOR,, implementation of the NETWORK pro rare with sites during the first 3.20 days of the program startup MANAGER oi` rr, - EDI 1program startup for, NETWORK. Manager of II cornimerce program startup for NEr'WORK, NETWORK COR PORA"'PE ACCO U NTS PEC]AI IST--- Customer Seryce for any 'natio na I' requests or issues. P61ntof escalation (if ever needed) for NocM sepice /support, Assists in managing Web Order guldes and EIN site database information. IN11GRA'll"U.) H UNG MANAGER responsible for pro rare startup, on..gcOng receivWes and linkages with your AP team. In addition to your dedicated Corporate Account Mrectar, Frank, Barretta, each local NE"rwORK distributor wiH be assigning one key individual to mariage the PPA locations in their sere vic I i I ng area, as weH as interfacing with NETWORK for corporate direction. You get national dist0buflon with the advantages of a locally supported momm C. Number and location of support centers (if applicable) and location of corporate office. For the City of rucson and WAME serviced sitle�s, WAME ernpoys over 260 sales protessionals to selve our custorners, WAXIE has 23 locations induding ten (10) Regional Nnventory Centers servicing eleven (11) states that include: California, Oregon, Washington, Alaska, Arizona, Nevada, Utah, Ndatiio, COorado, Wyonring, and Montana, Our California salles rnanagernent and sales force locations are San E)iego (Horne Office), Santa Ana, Ontario, Uverrnore, and Sacramento, We have satellite locations in San Jose, Santa Rosa, Ei Centro, avid Thousand Palms,, Oultside of C'afifornla, WAXIE sales management and sales forces are located in Mesa AZ, Sait lake City UT, Deriver CO, Las Vegas NV,, Seattle WA, Anchorage AK, with several satellite locations fin t1he foliowing cities avid states:'Fucson AZ, Portland OR, Spokane WA, Boise ID, Idaho Faft ID, St. George LJT, Colorado Springs (.,'.0, and Fairbanks AK. Please see Exhlbit A 3.2E for, a compiete Ilist of WAME Office/Distribution/Wffl CaH/SerAce Centers with exact Nocation and contact information, Nationally,, NETWORK's Corporate Headquarters is located in Schaumburg, Nlhnols; housing over 175 people to rnanagevarlous aspects of our national accounts, N ETWOR K's Co r porate Accou rit Di recto i's are geogra ph ka fly located throughoutthe t LS, 1"here are more than 7,000 U.S. employees at ou.0 warehouse and operations centers and an additional 3,700 outside salves people across North ArnerlckW and'75 Ccvporate Account Champions lcicated at each of ouir distributors whose purpose is to administer and support ouir &bal corporate account initiatives, In addition to your dedicated Corporate Account Director, each local NETWORK distributor wfll be assigning one key lndividuall to manage the IPPA locations in their serviong area, as well as interfacing with NETWORK for corporate direction. You get riational distribution with the advantages of as locally supported prograrn. Please see Exhibit A 3.2E for a fistling of NETWORK distribution centers. Final location alignment and contacts ,are eta fished for each location. D. Annual sales for the three previous fiscal years. For the City of Tucson and all WAME. serviced sites, WAME is a private, farnily-owned business. DUe to our dlosely held nature, WAXIll".'does not disclose specific! financW information, In Heu of this, we are providing a comfort letter, froirn our primary bank stating our financial health and stabdity, Our annual sales for the past tl-vee years are ln the 9 ftlts and our average sales growth rate ovr-.-ir this firma e is over 6%. Please see Exhibft A IV[) for WAME Comfort I etter. Network SerOces Conipany N a wholty owined subsidiary of Network Associates, lnc, (NM); a phvate corporafioni that does not disclose finaniclal staternents or any qaecffic financW 4iforimation to indiividuals or enfifies. As such, audiitedfin anc4l staternents have snot been included In this par opurrs ai. Regardless, NAi is wflhwig to present its financJal statements to your senior financial staff and walk such staff through the tjiMque aspects of our buslness,, Please cointact Mlke.lohnson, Chlef F inandial Officer at 224-361-2233, to setup a rneehn& WAME's FER9 ls 94-264 7607. Please see WAME Exhlbit A ME lDun & Bradstreet Report NETWORK's FUN is 04�- 2579155 and DUNS# 08-294-1204, please see NETWORK Exhibit A 3.11 IDun & Bradstreet Report. For the 0ty of Tiucsoin aind aUl WAME serviced sites, WAME Sanitary Supply is committed to being as leader to proirnotie responsibe buskiess piractlices that support susta4iaWe communities Milich are secure, econorn'IcaHy prosperous, enviiroinmem ally responsible and heAthy places in which to live and work. WAME shares the goial of estabbsiring partnerships to advance llvabihty and resifience, fiscal stewardsMjp, arid good governanceto support a more sustaiinabre&in for M;erwrations, We eirnbrace and want to h0pfuliheir The City of Tucson's deslre to both practice and teach the concept of sustainabifity and to assure the City is a source of innovation for more efficlent, more prosperous, aind healthier liviing, WAME is comnlltted to adopting more sustak,mble business practices for our company, and to partner wit[l our stakeholder's to identify aind impernent the most effective facility makiteriance sokiflons to protect and enhance the triple bottorn line of hunian heafth, en0ronmental stiewards1hip, and econornic prosperity, On the Path to Sustainabil ..................... WAXIE is corrimitted to being as moire stistahiaMe organizaflon - hlerc-.m are sorne notable accorylphshmenis arid acfivrties on our path to sustakiability: WANJE sources products locaHy wherever possible to irninimlze en0irionmental impacts assocWed with sirwipping WAME specrfies product packaging containing post -consumer recycled cointent. whenever possible SN (6) WAME employees are I EEDI Accredited Professionals and fliree (3) are ILEEDI Greel Msociates Delivery routes planned with routlng software that rnrdmlzes travO time, resulting in(less fijO consumption and veh� ice eirnissions,, there is also p0ot lin place for CNG and hybrid delivery trucks for some routes to further decrease to consuiriiiption and vehicie ernissions Recychng and waste diversion prograrn f(..)r corrugated, shrink wrap, aind paHets, as we" as other ongoing consumaWes, durable goods, and facility afteratioins Gre(:Nn Cleaning Poficy, for aH Facilities and water conserving devices instaHed in restrooms Video conferencing technology utifized to decrease need for face-to-face rineeCarr gs VVeb@'W(.)rk' e cornmerce lAafforryi and edrivoicing prornoted to mirdnaize paper usage RF:P techinoilogy utifized for 4wentory controto niinlrrflze paper usage Four (4) WAME Inventory Centers have installed sokir panels Four (4) tut AME Inventory Centers hav#,:m retrofitted LED lights for facHlUes WAXiEitsarnerntoew,-or ftJl,iieLJISGreeinBuipdirig,C.otincii(t.)S,GBC) witlii two (2) company btfiidings earining LIED01 Silver certification WAXnIE San Diego Headqu a rter's and pnventot ,yCa,�T-iiteireariiied Energy Star cerfification A WAXIE lernpbyee Ihas sat: on the Board of Directors for tihe San Diego chapter of LJSGBC,',, and serves as the chapteir's pmrnediate Pass., President, point of contact for LEEDO EBOM, and the Pacific IRegiorW Council Representative 37WAME ernpk)yees are OMS-G13 6SA Cerfificafien Experts WAME has a broad s0ecfion of enviironmientaHy f:)referable products (including nuimerous WAME private labeled cleaning produicts) that have received clerdficatlons firorn Green Seall, t.)L/ ECOLO(310, SCS Ucibal,, CM, FSC and BIN, or have been formWated in partniership with EPA Safer Choice (formerly Design for the Environment DfE), or contain post -consumer recycled conteint wlflch rneets ERA Comprehensive Procurement Guidelines WAME has developed WAXIE GIDS14 Green IPartner Supportym to assist green -committed end -user customers implernent vnore effective green cleaning programs, WAME was on Technical CornMitteesfor devOolarnent of iSSA Cleaning hiclustry Management Standard lINAS and CNMS,-GB), and a participating stakehOder in the Standard Development Tearvi for the (3reen Seal "Green Oeanivig Services Standard" (GS-42) and revision of "Industdal and lnstitutional Cleaners Standard" (GS-3"gyp WAXIE has conducted numerous "Green Cleaning Seminars" at our branches in San Diego, Santa Ana, Ontario, Los Angeies, Mirn Springs, San Fraincisco, Mesa, Tucson, Las Vegas, SaK Lalke f;fity® Poirtiand, Seattle,, Colorado Springs, and Dersver WAME representatives have been asked to sir)eak at functions for organizaflons such as L)SGBC., BOMA, IIFII A, PABSCO, IISSA, SCSSA, SDEP, HPSI, CHESC, WAHESC, PPA, and CURB oin the subjects of green cleaning, LIEDO, or sustainability WAME consultants have assisted wfth green cleaning needs of several LEED"I projects for custorners (references available upon request) WAME IDesk Calendars, Product Catalogs, aired product literature printed with post-consurner recycled content using soy based inks; green secfion of catalog avid website developed to proVride custorner education and promote green purchasirig Sponsc)r and host for pEEDIII for Existing Buildings Technical Review Workshops and other LEEDO EBOM Educaflonal Series iirn partinership with US BC chapter SII)RSP; WAXIE is a charter signatory of the San Diego RegionM SustainabiNty Partnej,Shjjp WAXIIE conflnues strNing to NrnpleMent more environmentally responsiNe business practices, and we befieve that our efforts and experiences k-ii this area make us a Ibetter vendor partner to our custorner's w1ho are seeking to improve their practices as welL Please see Exhibft A 11F for WAME Commitment to Sustairpabllity Brochure and Comirrifti,nent to Sustainabdity One -Sheet. Nationally, NETWORK is a member of the U.S. Green Btflldirig Council and activOy involved at the chapter pevO -- as are many of ourdistributors. We have a LEEDII Accredited Professional on staff who monitors sustainabifity trends and is closely aligned with our supplier community to stay abreast of their indNvidual sustainability initiafives, As a strong advocate for corporate and social responsib0ity, NETWORK helps our custorners achieve their sustainability goals as weli. Many of the products we purchase and pro�vide to our customers carry vanous certifications,,, Thesevary by product and mainufacturer selected, Fo helpdrive thin utilization and awareness of these products, certifications such as Green SeaN, etc. are clearly indicated and searchaNe wvtNn our oin-fine ordedrig systern, NetSupply. We offer a full line of eriviu°aii,imientally-pr,efef'red products and a proprietary evaNuafion prograrn, NetGreen, NetGreein is, designed to assess a custorner's current sRuation and then aiign the processes, products, suppliers and monitoring tools necessary to achieve the custorrier's sustainabihty, sanitation and weHness goaK Spend reporting of such products is ai5o provided at any firne and is a standard report included hn our Business, Reviews. Asa distributorwith over 400&tdbufion via rehouses, cureinvironrnenW focus is on poW sourc0lg, loca�p dehveiyfileets vifth dynarnic routling to reduce carbon errfisMans, local recyching and energy conservation prograrns, e-business transactions, use of Eriergy Star appliances, waiter use reduction, etc, An example is orders are routed to the closest dMiribution center,,, uUfizing dynarnic routing systerrB and coordinates delivery of that order.to opfirnlze fuel, persoinnel, airud truck capacity. f:4ease see NEI WORK's attached Exhlbit A 1 EF: -- NETWORK NetGreen Prograrn, G. Describe any diversity programs or pariners supplier does business with and how Participating Agencies may use diverse partners through the MasterAgreement. Indicate how, if at all, pricing changes when using the diversity program. For the City of TLIcson and all WAME serviced sites, WAME has two progrants for ESB/MBE arid WBE parficipation M OLIF'contracts, Tlev One- Slince inany pubfic sector, agenciies require or prefer to wor1k throughi a disadvantaged business partner, WAME has developed as network of reputable small Wsadvarittaged businesses that: we authorize to support the contract through sales, custoinier service, and other comnierciaHy useftfl fUnctions,, All of our ErrlergMg Simall Bus iness/M 4iority-owned Business EnterpOse partners ah,,eady work extensively wlth WAME on federal, state, local, and cornmercW accounts. WAXIE does not dedlicate any particular work, To any IMBE. Each NABE is enaWed todevielopsales or proposeother value added work based on their atflhtyto peir fin rryi. Access Products - a Service Mated Disabled Veteran Owned Srnall Business dararm tpgt' Li . as Srnall Business eras pril..d ms1des a Service Related Disabled Veteran Owned Srnafl Business Arnerican.5anilp,ry pEodqj;�q a Service Related Dilsabled Veteran Owined Sirsiall Business ­ . ... . .... ............. . ....... ..... _Avia_te_E9t?,rp!jir,gs r!;, .-a Servk.e Reiated Dilsa bled Vetera in Churred SrnaH Buslness, �,L �@pp . ...... a Small Business Cq!,onaAo_N!1l a Service Related Disabled Veteran Owned Sinnall Busiiness Divine I agjpg, !!2L. - a Woman Owned Small Buslness ryLa —IDq cWm­-e­qrt- -1 -M giMQI ension Inc.-aSmaHBusiness, Eiarrison Walke Gr Mp a Service Related Disabled Veteran Owned Small BuMniess �­ . . ..................... .... . ........... . . .... _ 2 Global Procurement Solutions ­ a Service ROated DisaWed Veteran Owned SrnaH BuMness . .1 . . .... .. ........................ . JE HURLEY Construction ­ a Service Related Disabled Veteran Owrwd Small BuMness I.C. I.n.d.u.strie.s . . .... a NiB and Abilfty One Small Business Distributor, KAXS� Di to , ­ a rvillinoday Wornan Owned S11i Business .. ... . ....... ...... . qs�rktg _n� -IqK.: Moirnin tar Industries -a Woman i Small Business ..9 A". . .... . . . . . ... . ............... — N_oble 59pply. ­ a Wornan Ow ined Small Business Seattle Ijg!Ltf�gusp fqr the Bti!].d ­ a NIB and Abilfty One Small Business DistrR)tjt0ii,r Qistributions - a Servlc:e Related Diisabled Veteran Owned Siii Bus�ness and Worrian Owned Smalls. .............. Business Shore Solutions as Service Related Msabled Veteran Owned f:;rnall Business, and Minority Wornan Owned Business Sustain One - a Wornan and Minority Owned Smalli Business 1, WAME constantly seeks addffionaV qualified ESB/MBE and W13E small bush'wsses to add to our list of partner.s. Reporting of first tier quMilfying spend by account is avaflabie,, Tier Tww WAKIE purchases supplies firom hundreds of manufacttirers and many of those are silmaH businesses, wornen owned, rnii'mrity owned, veteran owned and otheir f0slovicaHy disadvantaged business enterprises. Spir-md from these second tier vendors is tracked and available for reporting at the itern level for all custoa,wrs. Currently our Public Sector spend overall indudes more than 25% of sales frorn vendoirs that quality as historically disadvantaged. For a sarnpW of those products and vendors, please see Exhibit A 11G for WAME Sample Green and Diversity Business Products list. Customers choosing to use our ES�B/MBE, ME, and other historically disadvantaged business partners, pay an additional 5% added to tine price of each product, in many, if not most, cases customers will beable to negotiate other discounts to off -set this additional fee. WAXIE's disadvantaged business partners provide valuable services. Rather than distribute the costassociated with those services to all contract users, we believe fairness dictates that thesie costs be applied where incurred, All products sold and services offered by WAXIIE undiu:!r contract will The avadaWe thirough our smaH oir disadvantaged business aff Mates. As outlined above, many NETWORK distributors have sirnflar capabilities in their local geography. Whille programs may vary, as do local needs, NETWORK is able -to provide diverse solutions for Omnua PIPY.Vs. Nationafly, NETWORK distributors work through disadvantag(-M btisinesses on a regular Ibasis. We MH reflect utilize our Io4l communities and deploy supply chain solutions that reflect the cornmunities we do business in. Often firnes there is an up charge to include another party, Prlcing and capabilities are discussed well in advance and are coriducted with Mi transparency. H. Describe any historically underutilized business certifications supplier holds and the certifying agency. This may include business enterprises such as minority and women owned, small or disadvantaged, disable veterans, etc. Neither WAME nor NETWORK are diversity certified. We each have an active prograrn to seek out opportunifles for redistribution and other functions by diverse companies, parficlWarly those recognized by the Federal GovernMent as service related disabled veteran, srnafl, women, or minority omened, WA; IE has many small business, wornen owned Nisiness, senke disabled veteran owned business, veteran owned business, nAin(,,)rity owned business, as well as 8A and hub -zone operated business partners prov0ilg cointracfing, 41es, and supplies. CurrentIly over 25% of the products we sell to our public sector clients are made by manufacturers that are histcpricaMy disadvantaged business enterprises as defined by federal) requirements,. NE'rWORK as a wh0e, does not quality as a diverse supplier, however, many of our distributors are Woman Owned, SmaH Business, Minority Owned, or Veteran Owned certified businesses. Customer location alignment is subject to la ETWORK's assignment polides arid procedures which consWer de every aireas, core competency, product availability, manufacturer relationships, etc. Locations can be evaluated and aligned with diverse N E TWO R K d istid blu tors, w henever possible, upon request prior to location assignme nts. This isadietaHed process utilizing various internal tools which consider freight free delivery areas, core competency, exMing business, selected manufacturer prograrns, ability to service multiple locations, etc. Details wiIIII Ilse provided once program needs are Fully established. Attached is a chart iisflng distributor quahfications, Exhibft A '3.1H - NE"rWORK — SpecW Business Status Summary, in addition, NETWORK and WAXIE are equal opportunity ernployers committed to folloMngthe letter and spirit of laws prohibiting discrimination in the workpllace, it offers equA opportunities in employrnent to qualified people without regard to race, color, reH&n, national ocigin, ancestry, citizeruhip, age, sex, disability, or other legaHy protected statues as required by applicable layv. Wie strive to recruit, develo�p, and retak-i a rnu(h faceied wo rkforce, corn prised of a vanety of backgrou nds a ind expeirie nce. Iti�sdiveirsrtylintkiewor-kplace enrVic�,-Hesoajir corporate cultures arul enhances the relationships Mth our buspiness partners, NETWORK Corjxxate Headquarters has as very diverse, non ­docr 'irrflna fling workforce, wheire employees are able to embrace our different backgrounds through company events arid celebrabons. For al:li WAME serviced sites, WAKIE Ihas a track record with "rhe Oty ofTsicsoin that rx:) competitor cain rnatch; WAME has moved more product, driven innore innovabon, and has been rue waided with greater custorner, safisfacfloin wRh the City ofTUCson related business than our honoved RIT corripetflors, WAME ls more thain hands-on; we are deepty partnered with all or,ir City "I'ticson touch poiras, WAME beheves in, and supports, the City of Tuc.son moving beyond its own coiritracts, and becoming as nafionwkle Ileader in large -entity procurement and fulfiliment. WAME differenfiates oursOves by having orders delivered on tirne, at the right pdce, with no substitutions, and with exceptional cuslomer, service by a undornied WAME tearn member, fin a clean, logoed WAXIIE tirucic. We are here to Ilesten ix.:u our custorners and respond to their needs, ,Our scale aMows WAME to boast the infraslrriucture and iogisflcM flexibility of a naUonal &tributor without sacrificing our fairnfly owned history which drives the ability V.:m focus on customer needs, "Serving th(-.e Customer is the Focus of IEve^rything We Do" are more than just w(.:)rds to WAXIE; that is our rn'issioin,, Whether it's a crisis sptuafion demand� rig a last-minute dehverya an all- night b0ingual custorner tralli'vig session, or a fiuy16y equiprnent rqmlir, we have proveri the extent of our dedicafion to our CLIstorners tirne and again,, WAME goes well above and beyond what most people wotfld eXIDect of us, iin (..)rder to see that our custorners' rneeeeds are rnet. "The WAME organizafion has been puirposp-buft from the ground up -to serve those who are responsUe for delivering clean aind Ihcealthy buildings, The Oty (.:4 Tucson can continue to count on WAXIE to corne through with the help you need, when you need it. WAXUll..., Sanitary Supply has the to&tics depth and experience to service your delivery needs thlrough the use of a Transportation Management Software suite that enables )NAME to propedy $jtjjlZe our fleet of over 200 vehicles as w(A as effecHvely interface with a nurnber (.:)f transportation pnroviders to iriclude UPS, I ess Tban 'rruckl(md and Cou rier servrces, Mrough WAXIE's Mstribkjtion Centers and extensive fleet, WAME has been extremely effective at proviftg next day defivery to include customized delivery appointments, estabhshed d0very days and fl-se abifity to not offly condirict dock deliveries, bout �RCCOMModate a diverse set., of unique reqtArements for IInside dehveries to facilities that do not have a loading dock. "T'Ns trarWates iinto greater efficiencies and Iab(.:)r cost savings for our paflners,. Our fleet of dehvery vehlcles and Drivers are professionally logo�ed and are managed through a route qptimization suRie that: enabiles WAME to monitor the deNveryprocess frolIM door to door, using both GPS and a Driver moNlity applicaflon. Our route optimizaUon software rninimW izes AXIE's carbon footprint by significantly reduc4% travel firne froirn the last stop to the next: stop. DveraH, less fuel is burned by opfirnizing the T.ravO path and the time our trucks are on the road. 95% of WAXIE's delivered v0urne is made on WAXIE-owned tru(.*s. UlnHke sorne other &Iributors, we do rx:A use third party logistics conipaMes for this critical service recitArernent, In a c0mate where many business rrtcndels are cutting professionM, Oi­persorr sales consultants, WAME offers a dedicated account prolessional, a true partner and consuftant, We fc�el this is mudh rinore valuable to our custorners than simply having a catMog full of various products arid as rerncxtr-.:e hO�jp desk Mth little or no idea Ihow to use theini. in other words, WAME doesn't just defiveir the box, we Imow wh,jjj!s insWe and woirk M0.1 you to show Intermountain how to imost efficiently ruse it. Further, WAXIEr is an industry leader in green and a ust 'unabi e sohitions ]For, out, partners. F:oir moire detaHs on ouir Gireen Offerings and ("Mirniitinent to SustaiinaMity, please see ExhiJbiit A 1:1] Gireen Pairtneir Support Brochure, Exhibit A 3.11 on tirnent to Sustaiinabiifily Brochure, and Exhibit A III Comp mite nent to Sustaiinabifity (Me ­ sheet respec'-fivOy Nationally, NETWORK focuses on three key areas: Expertise e Leadft provider in the local marketplace eClurpoirate Account pirograins have been our focus for over fifty years oStrength in both, national and pocal aiarkets v Extensive category know1edge eAbiifity to provide training ®Understand processes & best pirarAices *Assess and solve approach *Spend analysis .-- maxirnize pro rare incentives while driving out costs 9 Sta bility, we have been in and serviced the sairne custorner base Connectivity & II)epth * Build a nafionM biraindand value proposition oCorporate contacts exposed to Ilocal distribution eLocM distribution strongly linked to regional contacts aSustaiinability --- order fuffiHment close to end user @NETWORK distributor owned and operated fleet, readily avaHaWe and distributor managed, E= sWUng and able to customize products and procedures oService levels to fit end user needs — there, in person,whein you need us e Customized order cycles through inventory control oilin market rnventory eAccornirriodate local needs, not cookie, cutter Iprogranasm J. Describe any present or past litigation, bankruptcy or reorganization involving supplier. Other than within the noriii course of business to Ilarotect cornpany assets such as accounts receivaWe, neither NE IWORK nor WAME lis currenfly, nor have we ever been, involIved in Hfigation, bankruptcy, or rear ganizaflon proceedings. 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 felon or i c. is owned or operated by and individual(s) who has been convicted of a felony and provide the narnes and convictions. Nefther WAXH:::. nor NE 11NORK ls owned or q:)pe,rated by anyone who has been conv7 cted of a felioriy, yq� lin our, 74-year history, WAXLE.:: has riever Ilneen debarred or suspended, nor has NE"MORK,liar sewer 50 years. 3.2 Distribution, Logistics For The City of'Tucson and aUl WAME serAced sites, WAME offers the folflowire g: WANE offers a czar npreheinsive fine of products for cleanlIng, uiinaintienance, and safety for afl types of environments encountered in Itnaublic sector facHifies, WAXIE carries the Nrgest nabonai brands hichidlng IM Ueankig and Safety, Divers , Ecolab, GOJO/PureH, HOSPECO, IMPAC"T, Georgia Pacific, Kirnbedy CIIark, Essfty/SCA, Ndfisk-Advance, Karcheir/Wndsor, Emerson, NatiorW Super Service, IProTearn, and Rubbermaid. Over the course of our 74 years as a janitoriaIl stjpp�y cornpany, WAXU1::.: has developed a fine of proprietary products, Due to our size and (:overage, the WAXIIE Ibrans aire now recognized as equal to, and in rnany cases, superior to rtatIionaUy branded prcidurts, WAXIE brands frake tip more than 50% of the overaH products, we sefl. Our price proposal contains the 78 requested items along with alternates. Our enfire catabg is available tol"he City of "F'ucson arvJ use rF, C)f this contract, The City of'I ucson will have access to over 30,000 WAME catalog products arid oVejr 500,000 n,,iachine parts, Pap:)er, chemlcak, fineirs, equipment and ftpenseus, hand soal,.)s and sanffizers, suppfies, arid gloves are covered within the WAMEMETWORK City of'T"Iticson catMog. By offering as W-ge variety of product and systeni solutknis, WAME and NETWORK provide our, customeirs the benefit of havft the necessary product choices, to outfit their btflUngs and facihtles as they see fit. in addrtion to all of the product groups tnentioned above, WAXIE Mso proOdes the f0lowft categories: 1, 1 ighfing - Complete hries of florescent arid LED fightine suppHes and accessories including Ughbrig and Battery return systerns, 2. Robotic Equiprnent - Self-propekd arid prop, ra rni n,i�ed didverIess auto scrubbers, sweepers, vacumns, and extractors are avabble firorn Karcher, Nflflsk, NSS, Tasid, and K.I. iiw lndusfi"W Equipment - � Karcrher,l aski, and Nflfisk, provideThe aty of rucson Mth MvabIle eqtApment foir parking lint and firma nds rnMntenaiace. E'qqi merit and Machines P --- - - - ----- WA II catalog incWes all prodiucts manufactured by the f0owing equiprnent veridm s. WAXIE.'s vendor's are arrmng the �argest iiinternabonal provider's o,f clear0ng equiprrient. * Niffisk Advance * Karcher Windsor * NaUonai Super Service * III C Eagle * ProTearn * Ernerson * WAXIE brand T'hese i)rands provide all of the equipment categories possibly needed to keep T'he Chy ofTucson and cointract users" bufldings clean, j,.,'!jMjp.Ment "Firade-Ins and Rentals .. ............. ... .. . WAME will wcork with each Ilocation requesting an equipment trade-in to evMuate the equipment for resale and provide a trade4rr allowance if applicable. WAXIE provides i enW equipment from each of our Inventory Center's based on availability,, Each facility Ihas a rentM fileet available and WAXff has estabfished pricing for hourly, daiiy, weekend, weeNy, and monthly rentals, Le.@gn AqpLtion.� WAXIE has several ieasing options available to contract users for the acquisftion of capital fterns. 'The beneflts of WAME's leasing prograrns includew • Fast turnaround oin approval process • Rate aind terryi choices to suft each customer's needs • Aflows capftal acquisition at low rnonflAy rates getting the necessary capital at the firne its needed • Anows faclitties management totake advantage of productivity 4wriovations as sooin as they become available Virtual an edl In 111Q_4 V, Xm WAXIE is pleased to offer Virtual Managed inventory softwaire technology to the City of 'Tucson that can be employed by City of'Tucson erriployees. We feature custom and proprietary software for Mobile devices that links autornatically to our enterprise sloftware for repienishment orders, As the eniployee counts the inventory, the proprietary app adds items to a shopping cart based rain each item 's pair values for the coset. When the ernployee has completed the count for the closet, the order will be submitted to our website for approval and processing through otm Electronic Storefront. ThiS process includes the ability to assign rnultipe users to a closet fear the purpose of taking inventories and aflowing backup personnel to -take inventories due to jAanned or emergency absences. ,Other capabiifties of this systern include, but acre riot firnited to: Scheduling of inventodes by closet (dally, weekly or Monthly [.)asis) which is removed frorn the sclleduiie after inventiory is taken to avoid duplication by other assigned users Order approvers QR codes used for cioset idenfification History of previolus orders and the ability to auto replenish Offline inventory capability'for areas that do not have connectivity to'W1­Fi or 4iteit net (automaticaliy transs'nitted once connectivity is re.,established) As as cost savings oppoilunity, WAME offers the technology as descdbed above at na� chairge to The it of Fucson enab4ing YCYLAIII� C'^rnployees to do the inventodes The City of Fiticson wotild sknply supply thek- ernpioyees with smart devices and WAXIE will provMe the app, Please see ExMbit 3.2A VMl Brochure Deliver Clean Savin&LJIK��rqgr4nj WAXIE's proprietary suppiy chain management prograrn, Defiver Uean Savings"I can demonstrate and ryweasure cost savings arid is offered to quahfypng customers. T'he prograrn Mvollwn a hohsfic, extensive survey of facflfty cleaning eff cacy and efficiency, Logistics, processes, procedures, and products are assessed, and recommendations are forrnWated to opfirnize resu.,dts arid reduce costs. A collaborative strategic plan is formWated to kriplernent goals and as Ippath for long terry) continuous inipmvement. Assessment'T"earns sari rneet Mth appropriate staff to discover concerns and goals, and then physicaffy exanAne facilities, equipmient, arid products. Tean-us include Supply Chain, Lqu�prnent Assessment, Product Assessment, and Facififies MaMtenance. The Assessment Tear es typicaHy spend a hzilf day in the facility, and return the following day to Ipresent findings and cc6t savings opportunifies, 11"hen together, our, teams and yours budd a strategic plan that wfll Mitiate improver nent and savings. As the strategic plain ls executed, the process is repeated to provide long term continuous iniproverrient. DCSI was created and refined to find inefficpencies rin the sulppUy chaln and tarp.,et F those areas der f'potentiai savings, Please see our attached Exhibit A 3.2A WAME IC (.-SII Brochure and Exhibit A 3,2A WAME SavaW IlDCISII results, Qualifying customers can take advantaf,.;e of WAME's premier consulting service for supply chapn analysis, To qualify, customers rnust agree to purchase fl,iieir supphes frOM WAXIE through the City of'TtjcsorI/0NMA contract and parlicipate fully in the survey process, The program requ�res parbcipatlon Iby prO(Mirernent as well as ail necessary operating departments. Cost reductions, of 20-25% tward costs are a cornimon result, NationaHy, NEI WORK MH conduct site visits with ouir expeHenced s0ling organization to provide a custornized supply chain solution fq::)r end )jsers, flue breadth and depth of' our tearn Mlows us tq.) Ibe consultative so.?Hers while tapping our experiences for best results. XIso duHng the business reviews we will make recornmendaflons for cost savings and process improvement, Our team will be responsiWe for implementing tiwrpsee changes after exectifive commitment is secured, NafionaHy, NETWORK11"S to Preferred Supphers incIlude; IM, Berry Plastk:s, Dairt/Sok), Diversey, Ec(Aab, Essity/roRK, Gpor& Pacific/DWe, GOJO, Heritage Rag, 11offirimster, ljDG, IMmberly Clark, Flactiv, and Rubbermaid, There are over one hundred additbrial Preferred Suppliers, these are just a few of the key pmIners. Hundreds of addffionM suppliers are available iocaHy, as weH as access to NETWORK distributor privatOy labOed products, NETWORK, as an organization, focuses mainly on spe(Ific business segrnents: CbmrnercW IReal Estate, Buildhig Services, Public Sector, HeaRhcare, FoodserOce, Hospitality, Grocery, lridustrial Packaging, and Commercial Pihint carp orate accounts. NETWORK has thc..n aNityto p.,)rovide order fufflilment for 0 producis and categories listed withiin tl*s RFP. Our strength is in these seginents, utilizing ouir programs and products in the following categories, inchiding but not lirnited to: Paper prr,)ducts incluidlng, paper, toveek, Ibath tissues, facW tissues, seat covers, v0pers, and related dispensers. Traslh colleclion inciudmg, can fineirs, was.-ae receptacles, and Wk waste collection units, 11and care incluchng hand soaps, sanitizers, lotions, moisturizers, and reiated dispensers Janftor'W cleaning aids and tools including rnops, buckets, broorTm, dUsters, microfiber, cloths and tools, janitor cai ts, floorand hared pads, f)ottles and sprayers, window and floor, c1eaffingtools, restroorn Ibrushes a nd bowl mops. Cieaning chemicais and related dispens'ing equipment for all standard and green certified products, Sub categories include hard floor care cleaners, strippers, sealers,, finishes, etc, for a variety of suffaces irOuding wood, stone, concrete, etc. Carpet care inckides spotters, pre -sprays, cleaners, sharnpoos, extvactions, and defoanrwrs, etc. as well as carpet and upholstery soil/spill protection, Also included are items such as air -care, specialty cleaners such as drain and dumpster marritenance, fluid retention, liquid deodorizers, cleaners, and disinfectants specific to kitchen/food preparation areas, etc. Kitchen and i aundry care products.. Entrance (interior and exterior) and work station floor mats. Personal apparel and safety items including a wide variety of gloves, both disposable and reusable, disposable booties, hairnets and bonnets, disposable coats and overalls, protective eye wear, ear plugs, face wilasks and respirators, hearing protect.bri, spill kfts, etc. Janitorial equipment and accessories including floor machines, vacuums, scrubbers, burnishers, shop and backpack vacs, Nowers, etc. Additional items, including copy papers, break room and kitchen disposables (cups, plates, straWS'r napHns, etc,,), small housewares, and kitchen appliances, BOOST, NETWORK"s proprietary program to assist locations with facilities assessments, product revie,ws, SIKU consolidation, Ibest practices, and continuous improvement, Tease see the attached Exl'-i!Nt A 33A NEI I WORK Boost Overview and Exhibit A 33A - NETWORK Boost Assessment, B. Describe how supplier proposes to distribute the products/se Mice nationwide, Include any states where products and services will not be offered under the Master Agreement, including U.S. Territories and Outlying Areas. NETWORK and WAXIIE buy direcfly from mantifacturers for our corporate accounts, allowing us to providetimely defivery to customers across our footprint, NETWORK and WAME are aNe to offer freight free delivery to all City ol"lucson locations as outhned in this RIFP. Additional locations will be aligned with NETWORK's nationwide distribution centers. All areas qualify to receive fulfillment of orders, however, depending on exact ship -to locatbri, which are unknown at this time, irernote iocations could Ibe charged freigl"A for order deliveries, Any such locatkrns would be disclosed and mutually agreed uporr prior to any order shiprrients. Our orders are sNpped on cornpany owned defivery vehicles; operated Iby our uniformed personnel, as pairt of a scheduled delivery iroute. We feel tKis is an extension of our commitment to providing the best: possible customer service, througholutthe entire process. in the event that is not feasibie, the IoHowing inodes of defivery are available: Fed-fx, UIPS, USPS, L T'L delivery carrier, special d(livery courier, and customer p'ick-tjp (wfth prior notification), NE 1W01W services the followhig, geogiraplAc areasv * U.S. All 50 states, liaivas Puerto Mco lllplMexia,,.) . All states mrithin Mexico • Canada —All provinces within Canaria • Caribbean Countries — Select countries, in flhe,! Caribbean Areas out of U)NAS may incur additional charges, depending on ordeir dynamics and location. 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. NE"I'WORK has an internal aUdit process whldh will periodicaHy spot che(.* randorn lccafiorls and products for accuracy. NEPNORK partners with our Custorners to define compliance requirements and clearly communicate expectations withn INE rWORK, Mstributors, arid our custorrier's organrzafions, NE"TWORK has a dedicated Compliance tearn that takes a proacflve approach to monRoring performance, hnp�ernenting corrective artions, and identifyirig condnuous improvernent, D. Identify all other companies that will be involved in processing, handling or shipping the products/service to the end user. All current and future kxatiinns pursuant to this contract will Ibe serviced ifirectly by NETWORK, We do not utilize or subcontract sales seryces and order process�ng of customer needs to outside smrrces. One or rinore of NE'TWORK's 400 distribUflon centers would be aligned wlth fuv..Are PP A locaflons, Once sites are idenfified, NET rWORK will assign individual locations to a NETWORK distdbUtor to begin the irnplementafion process outhried within tt,0s UP, Vie same multi -layered sales approach and activities would be rephcated at each iocation, E. Provide the number, size and location of Supplier's distribution facilities, warehouses and retail network as applicable. For 'rhe City of"rucson and aH WAME serviced sites, WAME has 23 locations that rrIClUde tern (10) Re&nal inventory Centers servking eleven (.11) statesthat 4iclude- California, Oregon, Washington, Alaska, Arizona, Nevada, Utah, Idaho, Colorado, Wyoming, and paints of Montana, The Cafifornla Regional Inventory Center locations are San Diego, Santa Ana, Ontado, Livennore, and Sacramento, We have satellite locations in Sari Jose, Santa Rosa, N Centro, arid Thousas''O Palms totahng over 535K sqomre feel: of inventory. Outside of California, we have Regional inventory Centers in Mesa AZ, Wait IlLake City ur, Denver, ('10, lLas Vegas NV, Seatde'WA, Anchorage AK, with several satellite locations in the foHowing cities and states: Iucson)%Z, Portland OR, Spokane WA, f3oise 0, Idahol Fails fl), St. George u r, Colorado Slarings U.), and Fairbanks AK, providing an additional 445K sqt.gaire feet of inventory To assist wlth any additional suljpr4y needs. WAME has a service center in each of the ten (10) main inventory centem, f1ours of operation are 8arrito 5�[,.)rn local tirne, excWft weekends and holidays. Each service (.:enter is fully equipped and stafft.ad daily with access to local parts inventory between $50,000 and $250,000, Please see ExtiffiR A 12E for a complete list of WAME Off ce/Distdbufloin/%Nffl CaH/Service Centersw'flh exact iocaflon and ciontArt Inforimation The City of TucsoinwHl coiritinue to be servicc.sd by WAXIE, as it is today, and Ihas been for many years. Should enfides in addition to The City of Tucson (..Jmose to take advaintage of this offedng, those locatkins wmfld be ahgned with a NETWORK distributor best quafified to provide defivery, product fijifiHrnent, sales servilces, etc., to meet the needs of those PPP facilities, Attached is a fisfing of NETWORK &tributor sltes,. ExhUAt A — 12 E NETWORK Distributor Warehouses At many of these &Aribufion sites, local will call capaWty is available to meet sarne data needs when requ'ired by agencies, 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 As noted above,, this contract will be one Of OUr primary go to rnarket strategies, NETWORK and OMNIA sales tearns have I-)eein workingtogether for the last seven years. Most team member's have regular, contactwith thehr 0IMNLA Pe(.:,.Ir, Together the tearris spend flrne focused on end user calls, strategy plarinft, and addROnal train0g. rhis existing relaflonship will allow US to hit the road running and reduce ramp up time. e 2019 sales rtin rate of $100M *.Wndy s0fing over 5,000 agenc'ies nationally * Dady engagement between NETWORK sellers and Orninia team • Targeting a0vities are ongoing throughout the year • Dewdoped training rriodWe (Boatcamp 1.01.) for distribution seHers, suppHer j!)artners and Orylinia team • Multiple rnarketing campaigns throughout the year �with supphers to targeted agencies ® Participate in Ornnia Fegio�nal trade shom., as well as nafionaW events such as NIGP • Conduct business reviews with Ofnnia and supp6ers resiulfing in targeted sales airlivities and specific markedrig campaigns • V level engagement oingoinp • Share best practices with other contract holders • Detailed monNy reporting shared with Ornniateam as needed 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 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 Mease see Exhibit A ;: 3 0-Day M arketing PRan for how NE.I.VIJOR,K and WAXf6ntend to dmlve nat.sod"m)Mdic use of t U" e Ma s t e r A g &L'_, ma: nt, 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. For 11 he City of"T'ucson and Mi sites serviced by WAME Sanitary Sup iply, when it's in the Public Agency customer's best interests both from a service and value standpoint to trarvsitiorn thern to the Master, Agreement available through OMM IPautners, WAME is able to draw upon significant experience marketing and trans itiorr ing accounts of sirnHar size and scope to The City of 11 ucson IIIFP,, WAKIE setvices over 4,200 pubfic sector, customers with over 15,000 Ship -to locations throughout the westerin United States. This includes more than 1,900 customers with more than 8,300 Ship­tos in the K12-secondary and higher education markets. WAME brings excellence in &thbution aind service as weil as exceHence in rnanufactuiring frorn the products we distribute., Please see Exhibit A 33C for WAXIE Government Solutions Brochure. WAME has been competitively awarded and very successfully implemented MR0 and /orJanSan contra_ s w th the States of 10tah, Colorado, Oregon, and Arizona. I'he State of Oregon contract is used coHaborafively by the State of Washington, WAME has provided contract service to NASPO's predecessor', WSCA, through a contract forjanitorW supplies and equipMent that was used via participating addendum M Washington, California, Utah, Alaska, and Oregon. WAME has a contract with State of Texas Education Department, Region 14 Education Service, Center, fair Comprehensive histituflonal and Janitorial Supplies and Services, "the Region Fourteen con -tract is used by over 1,700 poifficat subdivisions iin 16 states. WAME also provides seirvice as an agent for NETWORK Services to City of rucson for their Janitorial Supplies contract serving over 400 chents in Adzona, California,, Nevada, Washington, and Oregon. WAXIE was also competitively awarded RFPs for 1GPA and ifthave Educabonal Services Cooperative, both for JanftorW Supplies, Equipment and Services. I hese contrarls have product and service requirements sirnflar in size and scope to The City of I ucson RFP WAME has suczessfijHy marketed these contracts to over 4,200 public sector custorners with over 15,000 Ship-tc) locations, WAME has negotiated severai hundred supplemental agreeffierits vvl,tlh political subdivisions using these contracts. For the rest o,f the rodon, NETWORK wild The responsible for transifioning accounts, For any Public Agency custcxner accounts where a transition to -the Master Agreernent available nationaify through OMNlA Partners is in the best interest of the custorner both -from a seirvice and value standpohit, Mease see NEM)RK's attached Exhibit, 33C NE' ORK h"rq.flernentation Outfine. NE'rWORK currently holds cooperative contracts fore City of Fucson and Region 4 ESC, Our (local DSRs work alongside MMA sales resources and wfli collaborate based on the individual needs of a site locatioin to develop the best strategy going forward to rneet the local needs. Ouir goal is to proVide long terrn value to -the local agency based on optimWng the benefits of the agreement. D. Acknowledge Supplier agrees to provide its logo(s) to ONINIA. 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. d4ME uurucdnalrst.ar ds, ac.kno�rpc°ld es,, arid agrees es �to c:c:W�ra.q°Ay wiuiith aaH ;aStWcCtS ohsec�tVon 3.3 D, to,r the raatlic;on al breadth of the contract NETWORK � :eves to provide u t� � rrde Wt"; logo, 'tir'rr Wepll"odILWW;;t6oW"1 but 8equW°"`s'tv'i review lb y tlhn 6r marketing department Iprior to use, 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: 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 WAVE avid NIET'V"VORK understand, aW' krwwledge, and agree to cornlAy with aH aspects of sec,tilon, 3.3 E, 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 V'ud Mt and NETWORK understand, acknowileidge, and agree to comply Mth 0 aspects ofsection 33 r'. � NEDNORK arid u';9Mfic A Partners diev'Oopaocrcd a trainng rnethuW° doda',a'gy known as Boot-arra 1.0. Boot- aarr' p vvas est.atriished to:r tra'tln NETWORK sages reps, Ofvll'kHA seHers, and Supplier pliier Partners on the specifics of our �suppy agrasernerat and how to osp'ticjrm it in the r-na dcet: place. 'n-os t:raairring requires pre -work to be done by sell attendees to particplpate in the 2 Y2.- 3 hoursession. The rVraniers, both OMNlA arard Nurv,tCtRK employees, take the p.'uartiic'iparrats thrrosrghr an interactive, session where we share best practices and d supap°Jupyr agreement content:, porn the cora'apletion of the trairaur'u .�aca i�orn',sae i�aderrtit targets for each participate and dl sp���Wwraaad the next 90 days traacpcihrag their activity, with the target, We provide r:o nstruar,i,ore cri ic'isar and assistance to help t airc saaies intcu th ose'targets. * 'These traurdng uses sOns a,uswraaHyr have 210-W-attendees and are con duac"t:ecd at r,rariorus, locationswithin the US. * As the contract: matures arid' inlew carididates areready to be trained we de/elop additional r oc'duleS, to ru fiec;t td'aie skiip level of the srieHe rss. G. Provide the name, title, email and phone number for the person(s), who will be responsible for: i. Executive Support Steve rhornas, VP -, Corpii!jrate Accounts -coni (858) 2 92-8111 x 620, Rebe�','(,'a Barraza, VP - Busness Dievek)pirnent net�wo rkd ist rV but o n, co rn 949 37105280 ii. Marketing Trent FitzgeraW, Director of Brand and Media Cofq nniunications tint 2j,y,e Lr a Ica xie,co'rn (81`38), 292 8111 x 782 Lynda Wtiftfle, Director -Marketing and Say es Operiifioris 224 361-2194 iii. Sales Amanda gIarent, Corpcarate ACCOLAnts Director (619) 606- 6100 Frank Barretta, ExeCLANe Mrectot 201,310,4708 iv. Sales Support Jefhey Mattson, Coiporaf.e Accounts Spe(Aahst (858) 292 8111 x 636 Ryan Stoine�r, Corporate ACCOU10 Partner 224,36" L 2115 V, Financial Reporting Grant Hohi, CFO Li @�Aa)6e.ccayi (858) 292-8111 x 854 Wke Johnsion, CFO et'workd'1strubLmtmciri,cor,r'ii 224.361 A33 Vi. Accounts Payable Stephanie Bonds, Lead AIFI Bookkeeper (858) 2 92 -8111 x 745 Yeiena Veksler', VP — Fh,iance yyf,,,�.,I�gl2.E�etworkdistrabution.cow,n . """ ­­­ . . ..... . . .... . ......... . ......... 224361-2152 Randy Hammond, Corporate Accouirits Service Director (858),292-811.1 x 621 Kathi Bond, Director, Category Develoianwrit . ........ .. . .............. .... . . 2,24,361.2122 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. For The City of Tucson andl all sites ser,v,ic�ed Iby WAXIE, the account manageirrientteann consists of one or more sales constidtants at each locafion,. Each sales consultant is backed by a dedicated saic-.r�s rnanager who rnaintadns relationships and visfts the locaflon regulady. 'rhese lieu turn may be backed by a Regional Sales Manager, and 0 are backed by a General Manager for their iw:al biranch, Ali 11"earn Membeirs are gWded and supported Iby Corporate Accounts Director, Amanda Parent, V.F),, Corporate Accounts, SSteve Thomas, and WAXIIE President & COO, Jeff Roberts. NaflonaHy, a dedicated Account Manager, TBD, is aligned to each future location, across the U.!u. IEachusMes professional is a subject rnatter expert, focused on providing solutions to issues that impact your locations. Providing best- in class suppott and service, our sales professionals coHaborate at the local' level to understand the unique requirements and needs of locations. Contact information is finalized as locations are engaged. Frank B�ar,r,etta, Executive Director, will continue to oversee and manage the partnership with the OMMA ccmrporate purchasing teani, Frank is responsible foir cornniundcafing prograni, detafls and requirements throughout the NETWORK organization. Frank has had a reiaUoinsKip with the NafionM iPA/0M11qM corporate team for over a decade. Contact 'inforrnafion is provided above., Rebecca Iltarraza, Vice President of Business IDeveloparmment is avaHable to assist F'raink Barretta with new and exisbng opporb.inities amend challenges, as needeck Rebecca w'iH also a(.:,,t, as resource when Firaink is unavaHable during personal time out of the office,. Contact Wormation is provided above, Kevin Rudd, Chief SaWs aind Marketing Officeir�, is a valuabte resource the entire sales tears, internally at INETWORK corporate, as well as for our distributors. k,lmdoa,I� ygrq�str�bution,cory!, or 847.219.9643. IW%X.9JWU,.K I I IN UA I I I I fjt I to U I its "Iit For The City f,-)f Tucson and WAME serviced sites, W,AXIE's ClorporateAccountsDirector will generate target lists witl-i location and deparunent level detail, using existing Bi software, WAME I AD will schedule launch meetings at WAXIE(Branch offices, within 30 days of ameard, to share target informatiori, and to introduce WAXIE selleis to ONANIA Partners sellers, Seiders can coordinate schedules to either create johit saies calls or to divide worldoad, as appropriate. I he City of "I ucson iocaflons will receive first priority in targeting opportunities,, Oflier PPA's in'WAME's geographic footpr4it,wUl be prior -idled by size of opportunrty and percehmd fil(ehhood of success. Efforts illl be trackedwiflfln WAME via CRM software, WAXIE CAD will rnaintain regiAir corn m u nication with OMMA Partneirs counterpart tci rrionitor and direct conthrued, efforts. For the rest of the naflon, NETWORK and its distributors have a history of wo�rking with the OMNiA seller.-.-� to drive saws. Sellers are trained to align our sales reps to an OMMA seller and the tearin then identifies targets to pursue Uri their- local markets. rtds practice of targeting opportunities in the local rnarket pllace provides direction to the seHersto �ue relevant oppotesith signfiwcant ups,ide. NETWORK coordinates our targeting activities with supplier partners who assist: in developing ca-branded niarketing pieces, All sellers are held responsiWe to report (back results against their target list, Markefing carnpaigns are held at various times over the course of the year to reflect market oppor-twiffiesfor specific products. As an exarnpie, we would run a marketing carinipaign for hand sanffizer during the cold and flu season. OMNIA and NE"irwORK seHers often spend thne together making,joint calls and sharing of information in their local markets. VAth our 3,000 sales reps and ONIMA's sales resources we thave excellent coverage throughout the continental U.S, 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 setup, timely contract administration, etc. As in our existing OMNIA relationship, -there are touch points at A levels and daily engagement Our sales teams meet for purposes of targeting, joint calls, and sharing of local kiforirnafion. Sales ieaderslflp for both organizations speak almost daily to address selling efforts and plan strategies. Marketing tearris are devek)ping linitiatives to drive wiles. 1'raining is ongoing beyond the initial phase of contract details, there are constant updates to make sure ouir teams are in the know and current. 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. WAXIE is a private, farnfly-owned business. IDue to our c1osely held nature, WAME does not disclose specific salves intormation. WAME services over 4,200 public sector custoiners with over- 15,000 Ship -to bcatlons, throughout the western United States. This includes more than 1,900 custorners with more than 8,300 Ship- to's in the K12-secondary and higher education markets. Our annual Public Agency sales are in the 9 digiM NETWORK ser0ces aknost 5,000 public sector cuiston-ier locaUon5 in more than 30 states, Key sectors serviced fticlude Primary and Secondary Education, Government Agencies, Non­Profft and Charitable Organizations, State and Local Government Agencies, and Healthcare. Our pubhc agency sales are over $50 Wifion and includes the categories within this RFP; including but not firnited to Towel & Tissue, Chemicals, Skin Care, Can Lrners, Janitorial Supphes, and Appa re VSafety/G loves. ,Additional categories include Foodservice IDisposaWes, industrial Packaging, Printing Papers, and Miscellaneous products. 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. FoirThe City of Tucson and aU WAXIE servked sites, WAXIE uses an 2M System i based software apphcatiorn fiiron"i Infoir called Uistidbution A r as its Epp. Our e-commeirce and PunchOut furichormfity is also provided by Wor calleo Storefront, which integrates to our ERP, Our imaniirn data center is Ilocated in San Nego, CA arid ouir lmckup data center is located in WAXE's Mesa, AZ branch, AH of WAXIE's servers and appkation have reclundainl backups in Mesa for DR purposes, WAXff utilizes a cXML. and MWI based functionallty for Mtegratmg to Oracle custorners, We offer cXIVOL PunchOLIt. wNch ensures the custorner's bac:kend systerns have Osd)ifity to the iterris belinF ordered. WAME ako offers tradffiorsal EM capabilities as one of the many ways in which we increase efficien(jes if) the order process and reduce our impact on the errvironment. WAME has a number of d&erent web -based soutlions to support ordo,:K managernient andfUlffflimient. WAME's shln'ing miff erenflator whein it comes to order entry is our onfine platforin kriiomm as @Work. Web,@Work" is WAXIE's r6bust e-cominierce solufloin and is a full-feahlred ordine ordering platforrn, Orders pOaced via Web@WorkO are submitted to our- warehouse in"nnediately to avoid any delay in processing. Our spend reduction rrodei is an lntegral part of this platform, Web@WorkO system capabifities lncU�,, but are not limited to: • Reaktlime kwentory levels at the appropriate sKippiing tocafions • Real-birne order status • Accounts rec6vaNe inforrnafion • Reakfirne open Invoices • Real-firne paid inv6ces with detailed paynient hlstory and irrforrnatlon • AblRy to research previous order- information • Ability to research product usage by ship -to and expoit data • Abihty to place orders orillne Yvith secured checkout • Ojstomized shopping lists • Access to SDS, 7/24 • DetaHied product jr�fou,M,@bon incWing pictures and specffications • Suggested alternate and repiacenient iterns • Ablhty to use procurement/credit cards • Ability to have multiple order approval (levels • Multiple ernaii confirmabons • Search avid order Iby eittier custorneir itemi number or vendr,,)r itern nun'iber • Select miultiple shipping locations by user • Ability to utifize Genornral Ledger numbers for each item • Option to hide I'noduct pricingfrom specified users • Budget control by morith or by order • Product purchase restOctions Additionally, WAME Weh(q)Work"I contak* advanced functionahly of ship -to level budgeting through WAXIE's Spend Managernent and the abliftyto set: up a user's custornlzed shopping Mist. Orders placed via the Yveb are subryfltted to OUr warehouses immediately, ensuring no d(...day for our next day defivery cut off times. Cut off Urnes vary by location,; any order rec6ved prior to 3:00prn local time ensures next day delivery,, Web@Workll can be found at shop, waxie.corn. Please see Exhibit A 33K WAXIE Web,@WorkO Brochure WAXIE a M gaffer c)ur custorner's seveW convenient methods for pkcing th6r orders including the traditional rneans of phone, fax, or ernaiL Your custorner seirvice representative can take an order via telephone or ernafll and you can also contact your dedicated Ao'.x.)unt Consluftain't to order via these I'Tiethods. Nationally, NETWORK would need: to fully understand the exact needs and expectations of future PPA iocations, to define the appropriate ordering options, Below are some examples. Ordering opfions inckjde� * NETWORK's NetSupply web ordering system * EDl * Phone to locai NETWORK &tributor * locM NETWORK dist6butor cn'dedng systein * Fax/e-n%aH to locall NETWORK distributor. * Integration with other platforms NetSkippiy is NETWORK's web -based order entry system, We've designed the to,oi to closely replicate consumer online order placement which ensures a simple, Iintuitive oirdedng process. NetSupply is supported by a losing list of capabilities that focus on controlling c,o:)Sts' • Customer specific catalogs • Budgeting and order approval options • Sophisticated reporting capabilities • Smple search capablififies • Quafty product images and itern detail • Personalized favorite lists ®Optimized -for mobile devices Some of our e-cornmerce offedrigs include; ELECTRONIC CONSOLIDATED INVOICING • Multiple sorting opflons, e.g., by location, by invoice # • Multiple data display options, e.g,, invoice Iheader Worrnation, fine itern detail • Based on w,'.'uslorner-defined thnie period, e.g., morithly, bi-weekly, weekly • lnv6ces transferred 0a the Internet or FITI * Consolidate into standard electronic file, e.g., delirnited ASCH flat filmy such, as,csv or. As * Custom AS01 flat file format or MAIL, -file -format: available * Inserflon of custarner E"l/li.. codes, department or location numbers availaWe * Ability to cross reference item #'s to custorner G/lI codes available * Transfer via rrtagnefic tape, disk or CID available EDI AND OTHER ELECTRONC INVOICING * Ell through Value Added NE CORK s (VAN) or FFP * Standard EIDI 83.0 invoice * Customized EDII 81.0 invoice available * Invoice in standard,ASCH flat fille forr-nat * T ransfer via Internet or UP * XML. He format or CUStOrn ASCII flat file forimat avadatfle PAYMENT METHODS * Heuairork funds transaea , EF 1) austrurr�atr:^r& clearhig house (ACH� t=.. FA 820 reraa'i1ttnnce * Otb')ev e: ectrou,iI c fr'ur-iris tau Schedule a V en'M1Q'.SR.Gs•N aatioO"ll Mth ouir e-on1Pr11"eV'ce tealr'q"6 ov" Os%t Q::6ur websfte 'fcVr an rnt'4odud"t8oR"9 to 6wbulr" irm_ Cnraar'neii,ce site: mf�raself-�uided t�m% i M. 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"). $ .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. Un that there irs no regWren,wnt that The City ot'.t)jcson nIUS't f)W`0'iase fforn this conti"act and as tll,ie,�,e may �le r-niulttiple avvar ees to this RFP, WAKlIF and NETWORK do not wish to guarantee sMies. 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. WAME ancl NEINIVORK WH dephy vwhkhevestrategy %ve beheve an SO us ew-n tKe bushws& Our WK AuouM ComuKants Yvork Mongside CHANIA saWs remNimes and vWH coflaborate, L�ased oin the inicirv6W ineeds of a site locaUan to deveksp the best stiategy gcl�ing forward to meet flheo �cneeds . s. Our goa� us to ��wim/We ong tean vaWe to the W PuNk Agony bawd on opUmUNg Me hem% of MA agmement, CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSALS NO. 202329 JANITORIAL AND SANITATION SUPPLIES, EQUIPMENT, AND RELATED SERVICES AMENDMENT NO. ONE (1) DATE ISSUED: NOVEMBER 13, 2019 The referenced document has been modified as per the attached Amendment No. 1. Please sign this Amendment where designated and return the executed copy with your submittal. This amendment is hereby made part of the referenced solicitation as though fully set forth therein. Any questions regarding this amendment should be addressed to ANDREW KLOS, Senior Contract Officer at (520) 837-6685 or Andrew. Klos@tucsonaz.gov. DEPARTMENT OF PROCUREMENT ADMINISTRATION • DESIGN AND CONSTRUCTION SERVICES • GOODS AND SERVICES MAIL SERVICES • S.A.M.M. (SURPLUS AUCTION MATERIALS MANAGEMENT) CITY HALL • 255 W. ALAMEDA . P.O. BOX 27210 • TUCSON, AZ 85726-7210 (520) 791-4217 • FAX (520) 791-4735 • TTY (520) 791-2639 ILLCSorS r0kQLgr1erAISLO-ri REQUEST FOR QUALIFICATIONS AMENDMENT CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 P.O. BOX 27210, TUCSON, AZ 85726 Phone: (520) 837-6685 ISSUE DATE: OCTOBER 28, 2019 RFQ NO.: 202329 RFP AMENDMENT NO.: 1 PAGE 2 of 3 DUE DATE: FRIDAY, DECEMBER 6, 2019 RESPONSIBLE CONTRACT OFFICER: ANDREW KLOS JANITORIAL AND SANITATION SUPPLIES, EQUIPMENT, AND RELATED SERVICES A SIGNED COPY OF THIS AMENDMENT MUST BE SUBMITTED WITH YOUR SUBMITTAL. THIS RFQ IS AMENDED AS FOLLOWS: ITEM 1: DUE DATE Submittal Due Date Remains Friday, December 6, 2019 at 2:00 PM Local AZ Time. ITEM 2: CORRECTION OF TERM AND RENEWAL Paragraph 3 (Tenn and Renewal) of the Special Terms and Conditions shall be replaced in its entirety with the following: 3. TERM AND RENEWAL: The term of the Contract shall commence upon award and shall remain in effect for a period of three (3) years, unless terminated, canceled or extended as otherwise provided herein. The Contractor agrees that the City of Tucson shall have the right, at its sole option, to renew the Contract for one (1) additional two-year period or portions thereof. In the event that the City exercises such rights, all terms, conditions and provisions of the original Contract shall remain the same and apply during the renewal period with the possible exception of price and minor scope additions and/or deletions. ITEM 3: QUESTION & ANSWER The City has received the following question. The question, along with the City's response, is provided below: Question One: If my firm will be taking exceptions to the Omnia National Agreement, are we precluded from being awarded this contract? Answer. Taking exceptions to the Omnia Administrative agreement, which is part of the City's solicitation, does not preclude your firm from offering on the solicitation. However, the Administrative Agreement with Omnia Partners will be negotiated between Omnia and the selected supplier at the time of award. In accordance with Instructions to Offerors, Paragraph 10 (Exceptions to Contract Provisions): "Offerors who wish to propose modifications to the contract provisions must clearly identify the proposed deviations and any proposed substitute language_ The provisions of the Request for Proposal cannot be modified without the express written approval of the Director or his designee. If a proposal or offer is returned with modifications to the contract provisions that are not expressly approved in writing by the Director or his designee, the contract provisions contained in the City's Request for Proposal shall prevail." 02117 REQUEST FOR QUALIFICATIONS AMENDMENT CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 P.O. BOX 27210, TUCSON, AZ 85726 Phone: (520) 837-6685 ISSUE DATE: OCTOBER 28, 2019 RFQ NO.: 202329 RFP AMENDMENT NO.: 1 PAGE 3 of 3 DUE DATE: FRIDAY, DECEMBER 6, 2019 RESPONSIBLE CONTRACT OFFICER: ANDREW KILOS **END OF AMENDMENT" ALL OTHER PROVISIONS OF THE REQUEST FOR PROPOSAL SHALL REMAIN IN THEIR ENTIRETY. VENDOR HEREBY ACKNOWLEDGES RECEIPT AND UNDERSTANDING OF THE ABOVE AMENDMENT. Network Services Company Signature Date Company Name Daniel Ceko, Treasurer and Corporate Counsel 1100 E. Woodfield Road, Suite 200 Print Name and Title Address Schaumburg Illinois 60173 CRY State Zip 02117 EYJMIT 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 passthrough 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; (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 $150,000, 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 11 to Part 200, as applicable. APPENDIX II TO 2 CFR PART 200 (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, 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 offeror4C (8) 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 (8) 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 fnitials of Authorized Representative of offeror06- (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 provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 CFR 12319,12935, 3 CFI 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 offerorXqq , (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 offeror4. / (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/vt (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 4�� (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 hers and that all subrecipients shall certify and disclose accordingly. Does offeror agree? YES Initials of Authorized Representative of offerorkt/ 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 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 V 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 wim tne Energy PoliVy and Conservavon Act 42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18). n 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 offeroruo�/ CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS Offeror agrees that all contracts it awards pursuant to the Contract shall be hound by the foregoing terms and conditions. Does offeror agree? YES Initials of Authorized Representative of offeror 4c— 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: Network Services Company Address, City, State, and Zip Code: 1100 E. Woodfield Road, Suite 200, Schaumburg, IL 60173 Phone Number: 800.683.0334 Fax Number: 224.361.4200 Printed Name and Title of Authorized Reposerrtative: Daniel Ceko, Treasurer & Corporate Counsel Email Address: dceko@networkdistribution.com / Signature of Authorized Representative: .��� / 4A� Date: Requirements for National Cooperative Contract LL LL LY Z 0 V1 u F- O u 66 LL Q w i.- Q Ln n f4 r M N m O O C) LD O C) Z cc C 1p N O Ct N N N CV n m Ln 1p 00 Ln m a n o a LO 00 vi Lri Lri rr o r C LD r O~ V Z N In N in N N 1 N In IV lh fV N fV In rQ 1r} N In N an N an N lr} M an m lr} LA � W H 0 w Z U:) X O Lo Lo Ln Lo O Lo Ln 1p O W co 1p m r n LD oo Lp n Ln Ln r C LD .-1 n m LD d U w a uw U n Ln m n0 N N `-' V m a n �`' Ln Ll rri ai o o Qi o0 0 Lri m rn 0(i ai nq o H LO n Ln v m n0 ,� n0 1p n V LD I--f .� LA J N to N Un to Un U} N N to L'F �' !h 1Pl LL W O w a Lo � u Ln VI u Ln u �, u u v u Ln u � u Lo u u u z u u u a �r - E N m v w N U1 N a! w v w N w ¢z w w N K F V Lo u rb u N U m V ro U rb U ro U Lo U eV U m U rb U tls V rls u Lo V rp U d a LL a V H � V _ w d w LL Ln �. p Y Lr) Ln Lo O u N W m Ln N Z Y C C Z ' 4 _ Z Y m C C Y _ Ln Y W m O Y Ln m �--I N Y Y_ m u .0 10 �_ m O LIJ W d 'O J 2 Q) CL g fl d a Q)Y m O1 O cr ?? 7 x C) dD m 61 m (D cz 'O J _� d U W x N QC) Ln V 00 Ln [� LD Ul) V 00 m Ln J "-� m LD Q n% V _0 J O - O V X m X rn m M '� lli K - Do ut x K cA C 00W x a Cl Q LD m 00 Ln Lp m L x v X v x m v M J O C x m M m O C c Lv m m x a O C cu � 00 G J a x N v J J K IO N G_ J G1 C N C J C C J 41 C J v C y C C d 45 Y Fn J m m m z OC CC m i u Of cc 2' Y m OpC cc z � Y CL Y Y w= n Z Y ( Q m Y Z Y m y 00 00 LD m z V � ~ V W Q J Q W Q Ln Lo Ln V �- J w 00 l0 n V a 1p C 00 Lp M m LD m 00 C O In 1p Ln LD X 00U p = = 1p Lo O x X N X M X X X O N 2 = Z � Q a z Q m l7 C7 l9 l7 l7 C7 J C9V l7 w C7 l7 l7 l7 a a a a a a m a a a m a a a a w m m m m m m Q m m m Q m m m m w LY W LD W 0 W CD W LD W l7 W 0 J W W 0 W 0 W U J w W (D W l7 W C7 W l7 D Q a a a a a a a a a a a a a Q W ccW ? 2 E z cc cc W cc x x x LmjJ x W x LLLJ x cc a W x W x x a W x W x x W x z CQ C w LY O W O 00 u'f rn N N V n n 'i ti LD wm Ln -1 O O LVcC?¢JJ, oLOpnQ omoO'-L CC m r\ 00 ) 00 Ln m VmpOn m Ln m Ln n Ll Ln Ln c C) O n Ln Lr1 pOONm O O fV O O O z�ti - - LL W oc 0) '^ rn o °? 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J J Q J Q Q Q Q z w w V' w w w 00 w w l7 w CJ l7 V' C7 u m m .cu m m m C] OC m ¢ m LL �w O O O O O ? V Y Y Y Y YV w y w l7 w l7 w (� w l7 4 a a m O r v r r ry v v O Ln 00 In N W LD Ir O m tl V m O a 00 a m LD m rn m N 'IT ry a LD u7 r Ol m In N 00 r 00 V a O a N 00 rl In O v1 O ~ O N O N O r-I N O r N r N O O O O tD �-4 N CD N O CD O O z '-I •1 '-t r-I r'1 r-1 '-1 c-I r-1 .-I '-t '-1 rl ci r1 CITY OF TUCSON RFP #202329 JANITORIAL AND SANITATION ADDITIONAL OFFERINGS/ ATTACHMENT B SUPPLIES, EQUIPMENT AND SUPPLIERS TAB 2 RELATED SERVICES MANUFACTURERS - List all manufacturersand suppliers that your firm will offer through this contract and the associated discount off. MANUFACTURER CATALOG EFFECTIVE DATE(S) % DISCOUNT OFF LIST PRICE GEORGIA PACIFIC PAPER 40% GEORGIA PACIFIC SOAP 20% ES S ITY 40% KIMBERLY CLARK PAPER 40% KIMBERLY CLARK SOAP 20% HOSPECO GLOVES 20% HOSPECO 20% HERITAGE BAG 40% DIVERSEY 20% 3M 20% GOJO 20% RUBBERMAID 20% 1 OF 1 CITY OF TUCSON RFP #202329 ATTACHMENT B TAB 2 JANITORIAL AND SANITATION SUPPLIES, EQUIPMENT AND RELATED SERVICES ADDITIONAL OFFERINGS/ SUPPLIERS MANUFACTURERS- List all manufacturersand suppliers that your firm will offer through this contract and the associated discount off. MANUFACTURER CATALOG EFFECTIVE DATE(S) % DISCOUNT OFF LIST PRICE GEORGIA PACIFIC PAPER 40% GEORGIA PACIFIC SOAP 20% ESSITY 40% KIMBERLY CLARK PAPER 40% KIMBERLY CLARK SOAP 20% HOSPECO GLOVES 20% HOSPECO 20% HERITAGE BAG 40% DIVERSEY 20% 3 M 20% GOJO 20% RUBBERMAID 20% 1 OF 1 ATTACHMENT C HOUSING AND URBAN DEVELOPMENT (HUD) 5369-B 5369-C 5370-C Section 1 SECTION 3 5369-B Instructions to Offerors Non -Construction 1. reparation of Offers U.S. Department of Housing 1®®'11r' and urban Development - o329r - Office of Public and Indian Housing (a) Offerors are expected to examine the statement of work, the proposed contract terms and conditions, and all instructions. Failure to do so will be at the offeror's risk. (b) Each offeror shall furnish the information required by the sokAa- tion. The offeror shall sign the offer and print or type its name on the cover sheet and each continuation sheet on which it makes an entry. Erasures or other changes must be initialed by the person signing the offer. Offers signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously fumished to the HA. (c) Offers for services other than those specified will not be consid- ered. 2. submission of Offers (a) Offers and modifications thereof shall be submitted In sealed envelopes or packages (1) addressed to the office specified in the solicitation, and (2) showing the time specified for receipt, the solicita- tion number, and the name and address of the offeror. (b) Telegraphic offers wig not be considered unless authorized by the soNcitatlon; however, offers may be modified by written or telegraphic notice. (c) Facsimile offers, modlfications or withdrawals will not be consid- ered unless authorized by the solicitation. mendmerds to Solicitations (a) if this solicitation Is amended, then all terms and corKNons which are not modified remain unchanged. (b) Offerors shall acknowledge receipt of any amendments to this solicitation by (1) signing and returning the amendment; (2) identifying the amendment number and date in the space provided for this purpose on the form for submitting an offer, (3) letter or telegram, or (4) facsimile, if facsimile offers are authorized in the solicitation. The HAiHUD must receive the acknowledgment by the time specified for receipt of offers. 4. Explanation to Prospective Offerors Any prospective offeror desiring an explanation or interpretation of the solicitation, statement of work, etc., must request it in writing soon enough to allow a reply to reach all prospective offerors before the submission of their offers. Oral explanations or instructions given before the award of the contract will not be binding. Any Information given to a prospective off eror conceming a solictati on will be furs ish ed promptly to all other prospective offerors as an amendment of the solicitation, it that information is necessaryin submitting offers or lithe lack of it would be prejudicial to any other prospective offerors. 5. Responsibility of Prospective Contractor (a) The HA shall award a contract only to a responsible prospective contractor who is able to perform successfully under the terms and 'Itions of the proposed contract. To be determined responsible, a r, aspective contractor must - (1) Have adequateflnancial resources to perform the contract, or the ability to obtain them; (2) Have a satisfactory performance record; (3) Have a satisfactory record of integrity and business ethics; (4) Have a satisfactory record of compliance with public policy (e.g., Equal Employment Opportunity); and (5) Not have been suspended, debarred, or otherwise determined to be ineligible for award of contracts by the Department of Housing and Urban Development or any other agency of the U.S. Government. Current lists of ineligible contractors are available for Inspection at the HAIHUD. (b) Before an offer is considered for award, the offeror may be requested by the HA to submit a statement or other documentation regarding any of the foregoing requirements. Fallure by the offeror to provide such additional information may renderthe offeror Ineligible for award. 6. Irate Submissions, Modifications, and Withdrawal of Offers (a) Any offer received at the place designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made and it - (1) Was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of offers (e.g., an offer submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 15th); (2) Was sent by mail, or it authorized by the solicitation, was sent by telegram or via facsimile, and it is determined by the HAl HUD that the late receipt was due solely to mishandling by the HA1HUD after receipt at the HA; (3) Was sent by U.S. Postal Service Express Mail Next Day Service - Post Office to Addressee, not later than 5.00 p.m. at the place of mailing two working days prior to the date specified for receipt of proposals. The term 'working days" excludes weekends and U.S. Federal holidays; or (4) Is the only offer received. (b) Any modification of an offer, except a modification resulting from the HA's request for'best andfinar offer (If this solicitation Is a request for proposals), Is subject to the same conditions as in subparagraphs (a)(1). (2), and (3) of this provision. (c) A modification resulting from the HA's request for 'best and final" offer received after the time and date specified in the request will not be considered unless received before award andthe late receipt is due solely to mishandling by the HA after receipt at the HA. (d) The only acceptable evidence to establish the date of mailing of a late offer, modification, or withdrawal sent either by registered or certified mail is the U.S. or Canadian Postal Service postmark both on the envelope or wrapper and on the original receipt horn the U.S. or Canadian Postal Service. Both postmarks must show a legible date or the offer, modification, orwithdrawal shall be processed as if mailed late. "Postmark" means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine Impression) that is readily identifiable without further action as having been supplied and affixed by employees of the U.S. or Canadian Postal Service on the date of mailing. Therefore, offerors should request the postal cierkto place a hand cancellation bull's-eye postmark on both the receipt and the envelope or wrapper. (a) The only acceptable evidence to establish the time of receipt at the HA is the time/date stamp of HA on the offer wrapper or other documentary evidence of receipt maintained by the HA. Previous edition is obsolete page 1 of 2 form lino.=69-0 (&W) — ref. Handbook 7460.8 (f) The only acceptable evidence to establish the date of mailing of a late offer, modification, or withdrawal sent by Express Mail Next Day Sarvjce-Post Office to Addressee isthe date entered by the post office -iving clerk on the "Express MaN Neat Day Service -Post Office to hudressee" label and the postmark on both the envelope or wrapper and on the original receipt from the U.S. Postal Service. "Postmark" has the same meaning as defined In paragraph (c) of this provision, excluding postmarks of the Canadian Postal Service. Therefore, offerors should request the postal clerk to place a legible hand caricellat€on bull's eye postmark on both the receipt and the envelope or wrapper. (g) Notwithstanding paragraph (a) of this provision, a late modification of an otherwise successful offer that makes its terms more favorable to the HA will be considered at any time it is received and may be accWed- (h) If this solicitation Is a request for proposals, proposals may be withdrawn by written notice, or II authorized by this solicitation, by telegram (including mallgram) or facsimile machine transmission received at any time before award. Proposals may be withdrawn in person by a offeror or its authorized representative N the identity of the person requesting withdrawal Is established and the person signs a receipt for the off or before award If this solicitation is an invitation for bids, bids may be withdrawn at any time prior to bid opening. 7. Contract Award (a) The HA will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous tothe HA, cost or price and oth erfactors, specified elsewhere In this solicitation, considered. lhl The HA may (1) reject any or all offers K such action is in the HA's interest, (2) accept other than the lowest offer, (3) waive irdormalides and rrAnor Irregularities in offers received, and (a) award more than one contract for all or part of the requirements stated. (c) If this solicitatlon is a request for proposals, the HA may award a contract on the basis of initial offers received, without discussions. Therefore, each initial offer should contain the offerors bestterms from a cost or price and technical standpoint. (d) A written award or acceptance of offer mailed or otherwise furnished to the successful offeror within the time for acceptance _ specified in the offer shall result in a binding contract without further action by either party. If this solicitation Is a request for proposals, — before the off er's specified expiration time, the HA may accept an offer, whether or not there are negotiations after its receipt, unless a written --- notice ofwithdrawal ls received before award. Negotiations conducted after receipt of an offer do not constitute a rejection or counteroffer by the HA. (e) Neitherfinancial data submitted with an offer, nor representations — concerning facilities or financing, will form a part of the resulting contract. S. Sondes of Pic t Any protest against the award of a contract pursuant to this solicitation shall be served on the HA by obtaining written and dated acknowledg- merit of receipt from the HA at the address shown on the cover of this solicitation. The determination of the HA with regard to such protest or to proceed to award notwithstanding such protest shall be final unless appealed by the protestor. 9. Offer Submission Offers shall be submitted as follows and shall be enclosed in a sealed envelope and addressed to the office specified in the solicitation. The proposal shall show the hour and date specified in the solicitation for receipt, the solicltatlon number, and the name and address of the offeror, on the face of the envelope. It Is very Important that the offer be property identified on the face of the envelope as set forth above in order to Insure that the date and time of receipt Is stamped on the face of the offer envelope. Receiving procedures are: date and time stamp those envelopes identified as proposals and defhrer them immed€ately to the appropriate contracting official, and only date stamp those envelopes which do not contain identification of the contents and deliver them to the appropriate procuring activity only through the routine mail delivery procedure_ [Describe bid or proposal preparation instructions here:] Previous edition is obsolete page 1 of 2 form HUD-Mg-8 (am ref. Handbook 7460.E 5369-C Certifications and Representations of Offerors I`Ion-Construction Contract U.S. Department of Housing OMB Approval No: 2677-0180 (exp. 7/30/86) and Urban Development Office of Public and Indian Housing Public reporting burden for this collection of information Is estimated to average 6 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This form includes clauses required by OMB's common rule on biddingloffering procedures, implemented by HUD in 24 CFR 86.36, and those requirements set forth in Executive Order 11626 for small, minority, women -owned businesses, and certifications for Independent price determination, and conflict of interest. The form is required for nonconstruction contracts awarded by Housing Agencies (HAs). The form is used by bidders/offerors to certify to the HA's Contracting Officer for contract compliance. If the form were not used, HAs would be unable to enforce their contracts. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not land Itself to confidentiality. 1. Contingent Fee Representation and Agreement (a) The bidder/offeror represents and certifies as part of its bid/ offer that, except for full-time bona fide employees working solely for the bidder/offeror, the bidder/offeror: (1) [ ] has, [)( has not employed or retained any person or company to solicit or obtain this contract; and (2) [ ] has, ['(t] has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract. (b) If the answer to either (a)(1) or (a) (2) above is affirmative, the bidder/offeror shall make an immediate and full written disclosure to the PHA Contracting Officer. (c) Any misrepresentation by the bidder/offeror shall give the PHA the right to (1) terminate the resultant contract; (2) at its , '-cretion, to deduct from contract payments the amount of any .tmission, percentage, brokerage, or other contingent fee; or (3) take other remedy pursuant to the contract. 2. Small, Minority, Women -Owned Business Concern Rep- resentation The bidder/offeror represents and certifies as part of its bid/offer that it: (a) [ ] is, [] is not a small business concern. "Small business concern`,' as used in this provision, means a concern, includ- ing its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding, and qualified as a small business under the criteria and size standards in 13 CFR 121. (b) [ ] is, [)(] is not a women -owned small business concern. "Women -owned," as used in this provision, means a small business that is at least 51 percent owned by a woman or women who are U.S. citizens and who also control and operate the business. (c) [ ] is, [A is not a minority enterprise which, pursuant to Executive Order 11625, is defined as a business which is at least 51 percent owned by one or more minority group members or, in the case of a publicly owned business, at least 51 percent of its voting stock is owned by one or more minority group members, and whose management and daily operations are controlled by one or more such individuals. For the purpose of this definition, minority group members are: (Check the block applicable to you) ( ] Black Americans [ ] Asian Pacific Americans [ ] Hispanic Americans ( ] Asian Indian Americans [ ] Native Americans [ ] Hasidic Jewish Americans 3. Certificate of Independent Price Determination (a) The bidder/offeror certifies that— (1) The prices in this bid/offer have been arrived at indepen- dently, without, for the purpose of restricting competi- tion, any consultation, communication, or agreement with any other bidderlofferor or competitor relating to (i) those prices, (ii) the intention to submit a bid/offer, or (iii) the methods or factors used to calculate the prices offered; (2) The prices in this bid/offer have not been and will not be knowingly disclosed by the bidder/offeror, directly or indirectly, to any other bidder/offeror or competitor be- fore bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt bas been made or will be made by the bidder/ offeror to induce any other concern to submit or not to submita bid/offer for the purpose ofrestricting competition. (b) Each signature on the bid/offer is considered to be a certifi- cation by the signatory that the signatory: (1) Is The person in the bidder/offeror's organization respon- sible for determining the prices being offered in this bid or proposal, and that The signatory has not participated and will not participate in any action contrary to subpara- graphs (a)(1) through (a)(3) above; or (2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals bave not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above (insert full name of person(s) in the bidder/offeror's organization responsible for determining the prices of- fered in this bid or proposal, and the title of his or her position in the bidder/offeror's organization); (ii) As an authorized agent, does certify that the princi- pals named in subdivision (b)(2)(i) above have not par- ticipated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and Previous edition is obsolete form HUD-tisa9-C (W) page 1 of 2 ref. Handbook 7460.8 (iii) As an agent, has not personally participated, and will not participate in any action contrary to subparagraplis (a)(1) through (a)(3) above. If the bidder/offeror deletes or modifies subparagraph (a)2 above, the bidder/offeror must furnish with its bid/offer a signed statement setting forth in detail the circumstances of the disclosure. 4. Organizational Conflicts of Interest Certification (a) The Contractor warrants that to the best of its knowledge and belief and except as otherwise disclosed, it does nothave any organizational conflict of interest which is defined as a situation in which the nature of work under a proposed contract and a prospective contractor's organizational, fi- nancial, contractual or other interest are such that: (i) Award of the contract may result in an unfair competi- tive advantage; 6. Conflict of Interest In the absence of any actual or apparent conflict, the offeror, by submission of a proposal, hereby warrants that to the best of its knowledge and belief, no actual or apparent conflict of interest exists with regard to my possible performance of this procure- ment, as described in the clause in this solicitation titled "Orga- nizational Conflict of Interest." 7. Offeror's Signature The offeror hereby certifies that the information contained in these certifications and representations is accurate, complete, and current. Signature & Date: (ii) The Contractor's objectivity in performing the con- tract work may be impaired; or (Ili) That the Contractor has disclosed all relevant infor- mation and requested the HA to make a determination with respect to this Contract. (b) The Contractor agrees that if after award he or she discovers an organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclo- sure in writing to the HA which shall include a description of the action which the Contractor has taken or intends to eliminate or neutralize the conflict. The HA may, however, terminate the Contract for the convenience of HA if it would be in the best interest of HA. (c) In the event the Contractor was aware of an organizational conflict of interest before the award of this Contract and intentionally did not disclose the conflict to the HA, the HA may terminate the Contract for default. (d) The Contractor shall require a disclosure or representation from subcontractors and consultants who may be in a position to influence the advice or assistance rendered to the HA and shall include any necessary provisions to eliminate or neutralize conflicts of interest in consultant agreements or subcontracts involving performance or work under this Contract. S. Authorized Negotiators (RFPs only) The offeror represents that the following persons are authorized to negotiate on its behalf with the PHA in connection with this request for proposals: (list names, titles, and telephone numbers of the authorized negotiators): Typed or Printed Name: Title: form HUD-5369-C (M) Previous eMon is obsolete page 2 of 2 ref. Handbook 7460,8 5370-C 1 General Conditions for Non -Construction U.S. Department of Housing and Urban Development Contracts Office of Public and Indian Housing Section I -- (With or without Maintenance Work) Office of Labor Relations OMB Approval No. 2577-0157 (exp. 1/31/2017 Public Reporting Burden for this collection of information is estimated to average 0.08 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C. 20410-3600; and to the Office of Management and Budget, Paperwork Reduction Project (2577-0157), Washington, D.C. 20503. Do not send this completed form to either of these addressees. Applicability. This form HUD-5370-C has 2 Sections. These Sections must be inserted into non -construction contracts as described below; 1) Non -construction contracts (without maintenance) greater than $100,000 - use Section 1; 2) Maintenance contracts (including nonroutine maintenance as defined at 24 CFR 968.105) greater than $2,000 but not more than $100,000 - use Section II; and 3) Maintenance contracts (including nonroutine maintenance), greater than $100,000 — use Sections 1 and 1. Section f - Clauses for All Non -Construction Contracts greater than $100,000 1. Definitions The following definitions are applicable to this contract: (a) "Authority or Housing Authority (HA)" means the Housing Authority. (b) "Contract" means the contract entered into between the Authority and the Contractor. It includes the contract form, the Certifications and Representations, these contract clauses, and the scope of work. It includes all formal changes to any of those documents by addendum, Change Order, or other modification. (c) "Contractor" means the person or other entity entering into the contract with the Authority to perform all of the work required under the contract. (d) "Day" means calendar days, unless otherwise stated. (e) "HUD" means the Secretary of Housing and Urban development, his delegates, successors, and assigns, and the officers and employees of the United States Department of Housing and Urban Development acting for and on behalf of the Secretary. 2. Changes (a) The HA may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in the services to be performed or supplies to be delivered. (b) If any such change causes an increase or decrease in the hourly rate, the not -to -exceed amount of the contract, or the time required for performance of any part of the work under this contract, whether or not changed by the order, or otherwise affects the conditions of this contract, the HA shall make an equitable adjustment in the not -to -exceed amount, the hourly rate, the delivery schedule, or other affected terms, and shall modify the contract accordingly. (c) The Contractor must assert its right to an equitable adjustment under this clause within 30 days from the date of receipt of the written order. However, if the HA decides that the facts justify it, the HA may receive and act upon a proposal submitted before final payment of the contract. (d) Failure to agree to any adjustment shall be a dispute under clause Disputes, herein. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. (e) No services for which an additional cost or fee will be charged by the Contractor shall be furnished without the prior written consent of the HA. 3. Termination for Convenience and Default (a) The HA may terminate this contract in whole, or from time to time in part, for the HA's convenience or the failure of the Contractor to fulfill the contract obligations (default). The HA shall terminate by delivering to the Contractor a written Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall: (i) immediately discontinue all services affected (unless the notice directs otherwise); and (5) deliver to the HA all information, reports, papers, and other materials accumulated or generated in performing this contract, whether completed or in process. (b) If the termination is for the convenience of the HA, the HA shall be liable only for payment for services rendered before the effective date of the termination. (c) If the termination is due to the failure of the Contractor to fulfill its obligations under the contract (default), the HA may (i) require the Contractor to deliver to it, in the manner and to the extent directed by the HA, any work as described in subparagraph (a)(ii) above, and compensation be determined in accordance with the Changes clause, paragraph 2, above; (ii) take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable for any additional cost incurred by the HA; (iii) withhold any payments to the Contractor, for the purpose of off -set or partial payment, as the case may be, of amounts owed to the HA by the Contractor. (d) If, after termination for failure to fulfill contract obligations (default), it is determined that the Contractor had not failed, the termination shall be deemed to have been effected for the convenience of the HA, and the Contractor shall been titled to payment as described in paragraph (b) above. (a) Any disputes with regard to this clause are expressly made subject to the terms of clause titled Disputes herein. 4. Examination and Retention of Contractor's Records (a) The HA, HUD, or Comptroller General of the United States, or any of their duly authorized representatives shall, until 3 years after final payment under this contract, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions. Section I - Page 1 of 6 form HUD-5374-C (0112014) (b) The Contractor agrees to include in first -tier subcontracts under this contract a clause substantially the same as paragraph (a) above. "Subcontract," as used in this clause, excludes purchase orders not exceeding $10,000. (c) The periods of access and examination in paragraphs (a) and (b) above for records relating to: (i) appeals under the clause titled Disputes; (ii) litigation or settlement of claims arising from the performance of this contract; or, (iii) costs and expenses of this contract to which the HA, HUD, or Comptroller General or any of their duly authorized representatives has taken exception shall continue until disposition of such appeals, litigation, claims, or exceptions. S. Rights in Data (Ownership and Proprietary Interest) The HA shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials and documents discovered or produced by Contractor pursuant to the terms of this Contract, including but not limited to reports, memoranda or letters concerning the research and reporting tasks of this Contract. 6. Energy Efficiency The contractor shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163) for the State in which the work under this contract is performed. 7. Disputes (a) All disputes arising under or relating to this contract, ex_ cent for disputes arising under clauses contained in Section ill. LaborStandard1 Provisions. including any claims for damages for the alleged breach there of which are not disposed of by agreement, shall be resolved under this clause. (b) All claims by the Contractor shall be made in writing and submitted to the HA. A claim by the HA against the Contractor shall be subject to a written decision by the H.A. (c) The HA shall, with reasonable promptness, but in no event in no more than 60 days, render a decision concerning any claim hereunder. Unless the Contractor, within 30 days after receipt of the HA's decision, shall notify the HA in writing that it takes exception to such decision, the decision shall be final and conclusive. (d) Provided the Contractor has (i) given the notice within the time stated in paragraph (c) above, and (ii) excepted its claim relating to such decision from the final release, and (iii) brought suit against the HA not later than one year after receipt of final payment, or if final payment has not been made, not later than one year after the Contractor has had a reasonable time to respond to a written request by the HA that it submit a final voucher and release, whichever is earlier, then the HA's decision shall not be final or conclusive, but the dispute shall be determined on the merits by a court of competent jurisdiction. (e) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the HA. 3. Contract Termination; Debarment A breach of these Contract clauses may be grounds for termination of the Contract and for debarment or denial of participation in HUD programs as a Contractor and a subcontractor as provided in 24 CFR Part 24. 9. Assignment of Contract The Contractor shall not assign or transfer any interest in this contract; except that claims for monies due or to become due from the HA under the contract may be assigned to a bank, trust company, or other financial institution. If the Contractor is a partnership, this contract shall inure to the benefit of the surviving or remaining member(s) of such partnership approved by the HA. 10. Certificate and Release Prior to final payment under this contract, or prior to settiemenl upon termination of this contract, and as a condition precedent thereto, the Contractor shall execute and deliver to the HA a certificate and release, in a form acceptable to the HA, of all claims against the HA by the Contractor under and by virtue of this contract, other than such claims, if any, as may be specifically excepted by the Contractor in stated amounts set forth therein. 11. Organizational Conflicts of Interest (a) The Contractor warrants that to the best of its knowledge and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the nature of work under this contract and a contractor's organizational, financial, contractual or other interests are such that: (i) Award of the contract may result in an unfair competitive advantage; or (ii) The Contractor's objectivity in performing the contract work may be impaired. (b) The Contractor agrees that if after award it discovers an organizational conflict of interest with respect to this contract or any task/delivery order under the contract, he or she shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or intends to take to eliminate or neutralize the conflict. The HA may, however, terminate the contract or task/delivery order for the convenience of the HA if it would be in the best interest of the HA. (c) In the event the Contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the Contracting Officer, the HA may terminate the contract for default. (d) The terms of this clauses hall be included in all subcontracts and consulting agreements wherein the work to be performed is similar to the service provided by the prime Contractor. The Contractor shall include in such subcontracts and consulting agreements any necessary provisions to eliminate or neutralize conflicts of interest. 12. Inspection and Acceptance (a) The HA has the right to review, require correction, if necessary, and accept the work products produced by the Contractor. Such review(s) shall be carried out within 30 days so as to not impede the work of the Contractor. Any Section I - Page 2 of 6 form HUDS370-C (0112014) product of work shall be deemed accepted as submitted if the HA does not issue written comments and/or required corrections within 30 days from the date of receipt of such product from the Contractor. (b) The Contractor shall make any required corrections promptly at no additional charge and return a revised copy of the product to the HA within 7 days of notification or a later date if extended by the HA. (c) Failure by the Contractor to proceed with reasonable promptness to make necessary corrections shall be a default. If the Contractor's submission of corrected work remains unacceptable, the HA may terminate this contract (or the task order involved) or reduce the contract price or cost to reflect the reduced value of services received. 13. Interest of Members of Congress No member of or delegate to the Congress of the United States of America or Resident Commissioner shall be admitted to any share or part of this contract or to any benefit to arise there from, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. 14, Interest of Members, Officers, or Employees and Former Members, Officers, or Employees No member, officer, or employee of the HA, no member of the governing body of the locality in which the project is situated, no member of the governing body in which the HA was activated, and no other pubic official of such locality or localities who exercises any functions or responsibilities with respect to the project, shall, during his or her tenure, or for one year thereafter, have any interest, direct or indirect, in this contract or the proceeds thereof. 15. Limitation on Payments to Influence Certain Federal Transactions (a) Definitions. As used in this clause: "Agency", as defined in 5 U.S.C. 552(f), includes Federal executive departments and agencies as well as independent regulatory commissions and Government corporations, as defined in 31 U.S.C. 9101(1). "Covered Federal Action" means any of the following Federal actions: (i) The awarding of any Federal contract; (5) The making of any Federal grant; (ii!) The making of any Federal loan; (iv) The entering into of any cooperative agreement; and, (v) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement Covered Federal action does not include receiving from an agency a commitment providing for the United States to insure or guarantee a loan. "Indian tribe" and "tribal organization" have the meaning provided in section 4 of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 4506). Alaskan Natives are included under the definitions of Indian tribes in that Act. "Influencing or attempting to influence" means making, with the intent to influence, any communication to or appearance before 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 any covered Federal action. "Local government" means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government. "Officer or employee of an agency" includes the following individuals who are employed by an agency: (i) An individual who is appointed to a position in the Government under title 5, U.S.C., including a position under a temporary appointment; (ii) A member of the uniformed services as defined in section 202, title 18, U.S.C.; (iii) A special Government employee as defined in section 202, title 18, U.S.C.; and, (iv) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, title 5, appendix 2. "Person" means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or other Indian organization with respect to expenditures specifically permitted by other Federal law. "Recipient" includes all contractors, subcontractors at any tier, and subgrantees at any tier of the recipient of funds received in connection with a Federal contract, grant, loan, or cooperative agreement. The term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law. "Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement, an officer or employee who is employed by such person for at least 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract, grant, loan, or cooperative agreement. An officer or employee who is employed by such person for less than 130 working days within one year immediately preceding the date of submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days. "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and a multi -State, regional, or interstate entity having governmental duties and powers. (b) Prohibition. (i) Section 1352 of title 31, U.S.C. provides in part that no appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay 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 any of the following covered Federal actions: 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 (ii) The prohibition does not apply as follows: Section I - Page 3 of 6 form HUD-5370-C (01/2014) (1) Agency and legislative liaison by Own Employees. (a) The prohibition on the use of appropriated funds, in paragraph (i) of this section, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement, if the payment is for agency and legislative activities not directly related to a covered Federal action. (b) For purposes of paragraph (b)(i)(1)(a) of this clause, providing any information specifically requested by an agency or Congress is permitted at any time. (c) The following agency and legislative liaison activities are permitted at any time only where they are not related to a specific solicitation for any covered Federal action: (1) Discussing with an agency (including individual demonstrations) the qualities and characteristics of the person's products or services, conditions or terms of sale, and service capabilities; and, (2) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use. (d) The following agency and legislative liaison activities are permitted where they are prior to formal solicitation of any covered Federal action: (1) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action; (2) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and (3) Capability presentations by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Public Law 95-507 and other subsequent amendments. (e) Only those activities expressly authorized by subdivision (b)(ii)(1)(a) of this clause are permitted under this clause. (2) Professional and technical services. (a) The prohibition on the use of appropriated funds, in subparagraph (b)(i) of this clause, does not apply in the case of- (i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. (ii) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations. (b) For purposes of subdivision (b)(ii)(2)(a) of clause, "professional and technical services" shall be limited to advice and analysis directly applying any professional or technical discipline. (c) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation, or reasonably expected to be required by law or regulation, and any other requirements in the actual award documents. (d) Only those services expressly authorized by subdivisions (b)(ii)(2)(a)(i) and (ii) of this section are permitted under this clause. (iii) Selling activities by independent sales representatives. (c) The prohibition on the use of appropriated funds, in subparagraph (b)(i) of this clause, does not apply to the following selling activities before an agency by independent sales representatives, provided such activities are prior to formal solicitation by an agency and are specifically limited to the merits of the matter: (i) Discussing with an agency (including individual demonstration) the qualities and characteristics of the person's products or services, conditions or terms of sale, and service capabilities; and (ii) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use. (d) Agreement. In accepting any contract, grant, cooperative agreement, or loan resulting from this solicitation, the person submitting the offer agrees not to make any payment prohibited by this clause. (a) Penalties. Any person who makes an expenditure prohibited under paragraph (b) of this clause shall be subject to civil penalties as provided for by 31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable. (f) Cost Allowability. Nothing in this clause is to be interpreted to make allowable or reasonable any costs which would be unallowable or unreasonable in accordance with Part 31 of the Federal Acquisition Regulation (FAR), or OMB Circulars dealing with cost allowability for recipients of assistance agreements. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any of the provisions of FAR Part 31 or the relevant OMB Circulars. Section I - Page 4 of 6 form HUD-5370-C (01/2014) 16. Equal Employment Opportunity During the performance of this contract, the Contractor agrees as follows: (a) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. (b) The Contractor shall 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 (1) employment; (2) upgrading; (3) demotion; (4) transfer; (5) recruitment or recruitment advertising; (6) layoff or termination; (7) rates of pay or other forms of compensation; and (8) selection for training, including apprenticeship. (c) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (d) The Contractor shall, 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, or national origin. (e) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. (f) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. (g) The Contractor shall furnish all information and reports required by Executive Order 11246, as amended and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto. The Contractor shall permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (h) In the event of a determination that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, 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 under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law. (i) The Contractor shalf include the terms and conditions of this clause in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. The Contractor shall take such action with respect to any subcontractor or purchase order as the Secretary of Housing and Urban Development or the Secretary of Labor may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided that if 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 the litigation to protect the interests of the United States. 17. Dissemination or Disclosure of Information No information or material shall be disseminated or disclosed to the general public, the news media, or any person or organization without prior express written approval by the HA. 18. Contractor's Status It is understood that the Contractor is an independent contractor and is not to be considered an employee of the HA, or assume any right, privilege or duties of an employee, and shall save harmless the HA and its employees from claims suits, actions and costs of every description resulting from the Contractor's activities on behalf of the HA in connection with this Agreement. 19. Other Contractors HA may undertake or award other contracts for additional work at or near the site(s) of the work under this contract. The contractor shall fully cooperate with the other contractors and with HA and HUD employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or HA employee. 20. Liens The Contractor is prohibited from placing a lien on HA's property. This prohibition shall apply to all subcontractors. 21. Training and Employment Opportunities for Residents in the Project Area (Section 3, HUD Act of 1968; 24 CFR 135) (a) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701lu (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (b) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of Section I - Page 5 of 6 form HUD-5370-C (0112014) apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (d) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135, (e) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. (f) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 22. Procurement of Recovered Materials (a) In accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, the Contractor shall procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. The Contractor shall procure items designated in the EPA guidelines that contain the highest percentage of recovered materials practicable unless the Contractor determines that such items: (1) are not reasonably available in a reasonable period of time; (2) fail to meet reasonable performance standards, which shall be determined on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item; or (3) are only available at an unreasonable price. (b) Paragraph (a) of this clause shall apply to items purchased under this contract where: (1) the Contractor purchases in excess of $10,000 of the item under this contract; or (2) during the preceding Federal fiscal year, the Contractor: (i) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and (ii) purchased a total of in excess of $10,000 of the item both under and outside that contract. Section I - Page 6 of 6 form HUD-6370-C (01/2014) SECTION 3 CLAUSE SECTION 3 CLAUSE: Sec. 135.38 Section 3 clause. All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). HUD Act of 1968, Section 3 Requirements, as revised June 30, 1994: The successful Contractor shall comply with the provisions of Section 3 as set forth in 24 CFR part 135 and all other applicable rules in the hiring of replacement and new personnel. Interested offerors shall complete and submit necessary forms from Section 3 Special Conditions with their offer. Contract amount will be the total labor, materials, overhead, change orders and other costs relative to the project. Total labor dollars shall mean 35% of the contract amount. A sliding scale to calculate the Section 3 obligation shall apply in determining the contractual obligation due. The general Section 3 requirements are shown as Section 3 Special Conditions in this Request for Qualifications. Contact Yvette Hurley at (520) 837-5314 with all questions regarding the Section 3 Clause and Section 3 Special Conditions. 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: Network Services Company Street: 1100 E. Woodfield Road, Suite 200 City, State, Zip Code: Schaumburg, Illinois 60173 Complete as appropriate: I , certify that I 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: I , a partner in , do hereby certify that the following is a list of all individual partners who own a 10% or greater interest therein. I 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: I Daniel Ceko, an authorized representative of Network Services Company, 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. I further certfy that if one (I) 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 NONE Address Interest I fio-ther certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief. Date (2� /"-� aniel Ceko Treasurer and Corporate Counsel Authorized Signature and Title DOC #2 NON -COLLUSION AFFIDAVIT Company Name: Network Services Company Street: 1100 E. Woodfield Road, Suite 200 City, State, Zip Code: Schaumburg, Illinois 60173 State of Illinois County of Cook I, .Daniel Ceko of Schaumburg in the County of Cook, State of Illinois offull age, being duly sworn according to law on my oath depose and say that.• I am the Treasurer and Corporate Counsel of the firm of Network Services Company the Offeror making the Proposal for the goods, services or public work specified under the attached proposal, and that I 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. I 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 fade employees or bona fide established commercial or selling agencies maintained by Network Services Company 4'-J�) A'Z'-.0 .Daniel Ceko, Treasurer & Corporate Counsel Subscribed and sworn before me this day of kvwo 20 1 j a 7 Tv Notary Public of���� My commission expires 1 %Q , 20_AL SALLY J VOGL Official Seal Notary Public - State of Illinois My Commission Expires Jon 19, 2021 Company Name: Address: City, State, Zip Code: Proposal Certification: DOC #3 AFFIRMATIVE ACTION AFFIDAVIT (P.L. 1975, C.127) Network Services Company 1100 E. Woodfield Road Schaumburg, Illinois 60173 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 Affumative 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 CO3U 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 I 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 Daniel Ceko, Treasurer and Corporate Counsel Requirements for National Cooperative Contract Page 32 of 57 DOC #3, continued P.L.1995, c.127 (N.J'.A.C.17:27) MANDATORY AFFIRMATIVE ACTION LANGUAGE PROCUREMENT, PROFESSIONAL AND SERVICE CONTRACTS g 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, affectionai 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 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). I, I - X=::�& Signature of Procurement Agent Requirements for National Cooperative Contract Page 33 of 57 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 (11tt r'/ v.._ca c v da m � a � /cip s� a f)lig w Q&(5 l�,li14). 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 htta /lrvv n,,glr/dcId,Mvai_catsfBgsfr+ rg arnsfl1hm _1#l2. 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 4ItIp:// rN '. gs f', Ic l y sons/dI s rq5 urce fIfps 2006.1ttm]). 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 34 of 57 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 small 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." Requi-rements for National Cooperative Contract n..._.. 0L ..-'C11 DOC #4, continued C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Required Pursuant to N.M.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. Part i - Vendor Information Vendor Name: Network Services Company Address: T 1100 E. Woodfield Road, Suite 200 City: Schaumburg State: Illinois I Zip: 60173 The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance with the provisions ofN.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form. fi� Daniel Ceko Treasurer and Corporate Counsel 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 NONE — NOT APPLICABLE ❑ Check here if the information is continued on subsequent page(s) Requirements for National Cooperative Contract Page 37 of 57 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 38 of 57 K4101M STOCKHOLDER DISCLOSURE CERTIFICATION Name of Business: [ I 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 01 certify that no one stockholder owns 1011/o or more of the issued and outstanding stock of the undersigned. Check the box that represents the type of business organization: [ Partnership 0 Corporation [ Sole Proprietorship [Limited Partnership Limited Liability Corporation [Limited Liability Partnership [ Subchapter 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: (Affiiant) Daniel a o, Treasurer & Corporate Counsel Subscribed and sworn before me this y of 20A. (Notary Public) My Commi o expires: A901?4 01 f 7Pubhc OGL eal Nate of IllinoisMy Cres Jun 19, 20Z1 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: ht ://www .state..n`.ii,�dl! friciaiservi es/dfd/arif(.�)/standar(]/f'dc/disel.osure investmentnct.nfff. Offerors should submit the above form completed with their proposal. Requirements for National Cooperative Contract Page 40 of 57 I STATE OF NEW JERSEY -� DIVISION OF PURCHASE AND PROPERTY DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN Quote Number: 202329 Bidder/Offeror: PART 1; CERTIFICATION BIDDERS MUST COMPLETE PART 9 BY CHECKING EITHER BOX. 7_i111T_U:11E i'o CHECK O !E OF EXOX S 1_'','7LL,. RZILEIZMDEr T iiri hIZF . r EV CH$1.'�v'E. Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest, under penalty of perjury, that neither the person or entity, nor any of its parents, subsidiaries, or affiliates, is identified on the Department of Treasury's Chapter 25 list as a person or entity engaging in investment activities in Iran_ The Chapter 25 list is found on the Division's website at SCR:/h+tinti w.state.nj.usltreaud/purchaselndf/Chaptter'25Ust.pdf. Bidders must review this list prior to completing the below certification. Failure to complete the certification will render a bidder's proposal non -responsive. If the Director finds a person or entity to be in violation of law, s/he shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party I certify, pursuant to Public Law 2012, c. 25, that neither the bidder listed above nor any of the bidder's parents, subsidiaries, or affiliates is listed on the N.J. Department of the Treasury"s list of entities determined to be engaged in prohibited activities in iran pursuant to P.L. 2012, c. 25 ('Chapter 25 List'). I further certify that I am the person listed above, or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf. I will skip Part 2 and sign and complete the Certification below. t I am unable to certify as above because the bidder andlor one or more of its parents, subsidiaries, or affiliates is listed on the Department's Chapter 25 IlsL I will provide a detailed, accurate and precise description of the activities In Part 2 below and sign and complete the Certification below. Failure to provide such will re u�tt the proposal being rendered as non- responsive and appropriate penalties, fines and/or sanctions will be assessed as provided by law. PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its parents, subsidiaries or affiliates, engaging in the investment activities in Iran outlined above by completing the boxes below. EACH BOX WILL PROMPT YOU TO PROVIDE INFORMATION RELATIVE TO THE ABOVE QUESTIONS. PLEASE PROVIDE THOROUGH ANSWERS TO EACH QUESTION. IF YOU NEED TO MAKE ADDITIONAL ENTRIES, CLICK THE "ADD AN ADDITIONAL ACTIVITIES ENTRY" BUTTON. Name Description of Activities Duration of Engagement Relationship to Bidder/Offeror Anticipated Cessation Date Bidder/Offeror Contact Name Contact Phone Number ADD AN ADDITIONAL ACTIVITIES ENTRY Certification: 1, being duly sworn upon my oath, hereby represent and state that the foregoing information and any attachmeiKs thereto to the hest a my knowledge are true and complete. I attest that I am authorized to execute this certification on behalf of the above -referenced person or entity. acknowledge that the State of New Jersey is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the State to notify the State in writing of any changes to the answers of information contained herein. I acknowledge that I am aware that tt is a criminal offense to make a false statement or misrepresentation it this certification, and if I do so, I recognize that i am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with the State of New Jersey and that the State at Its option may declare any contract(s) resulting from this certification void anc unenforceable. Full Name (Print): Daniel CekO Signature: Je: Treasurer and Corporate Counsel Date: 1 Cit of Tucson Lici nse Certificate Business Name and Tucson Mailing Address: License Number: 0110093 Type: Service Establishment Equipment and Supp WAXIE SANITARY SUPPLY PO BOX 23506 SAN DIEGO CA 92193-3506 Issue Date: December 21, 2018 Expiration Date: Decembcr 31, 2019 Owner. WAXIE'S ENTERPRISES INC CITY OF TUCSON, ARI&QNA FINANCE DEPARTMENT REVENUE DIVISION - LICENSE Expiration Date: December 31, 2019 This license I permit is non -transferable and must be posted in a conspicuous place at the business location. THE ISSUANCE OF THIS LICENSE/ PERMIT SHALL NOT BE CONSTRUED AS PERMISSION TO OPERATE IN VIOLATION OF ANY LAW OR REGULATION. Business License Non -Transferrable 011(093 MUST BE DISPLAYED IN A CONSPICUOUS PLACE For the payment of the license fee, the person or firm below is hereby licensed to conduct business in the City of Tucson. Tax accruing to the City oQTucson shall be paid under provisions of Ch. 19, Tucson City Code. This license is subject to revocation for violation ofjCh. 7 or Ch. 19 of the Tucson City Code. Located At: 355 S EUCLID AV STE 105, TUCSON, AZ Issued To: WAXIE SANITARY SUPPLY 85719 Effective: January 01, 2019 Please refer to license number in all correspondence. i By CFO/Assistant City Manager WAXIEi`,39 SANITARY SUPPLY CommitmentDili WAXIE Sanitary Supply is committed to being a leader to promote responsible business practices that support sustainable communities that are secure, economically prosperous, environmentally responsible and healthy places in which to live and work. Sustainability has emerged as a global theme of the 215t century — it is a concept that balances the interconnectedness of the environment, the economy and our quality of life, and that recognizes the importance of our stewardship over each. WAXIE shares the goal of establishing partnerships to advance education, communication, business best practices, policies, research, technologies and programs to support a more sustainable region for all generations. WAXIE's commitment to sustainabiiity in general, and green cleaning (or effective cleaning that protects human health without harming the environment) in particular is demonstrated by a number of actions, including: • WAXIE is a member of the US Green Building Council (USGBC) — with two (2) company buildings earning LEED Silver certification • A WAXIE employee sits on the Board of Directors for the San Diego chapter of USGBC, and serves as the chapter's Immediate Past President and point of contact for LEED EBOM • Twelve (12) WAXIE employees are LEED@ Accredited Professionals and two (2) are LEED GA • Thirty-two (32) WAXIE employees are CIMS-GB ISSA Certification Experts • WAXIE is a charter signatory of the San Diego Regional Sustainability Partnership WAXIE has a broad selection of environmentally preferable products (including numerous WAXIE private labeled cleaning products) that have received certifications from Green Seal, Ecol.ogo and Scientific Certification Systems, or have been formulated in partnership with EPA Design for the Environment (DfE). • WAXIE has developed Green Partner Support^" (GPSS) to assist green -committed end -user customers implement more effective green cleaning programs • WAXIE was on Technical Committees for development of ISSA Cleaning Industry Management Standard (CIMS and CIMS-GB), and a participating stakeholder in the Standard Development Team for the Green Seal "Green Cleaning Services Standard" (GS-42) and revision of Industrial and Institutional Cleaners (GS-37) • WAXIE has conducted numerous "Green Cleaning Seminars" at WAXIE branches in San Diego, Santa Ana, Ontario, Los Angeles, San Francisco, Tempe, Tucson, Las Vegas, Salt Lake City, Portland, Seattle and Denver • WAXIE representatives have been asked to speak at functions for organizations such as USGBC, BOMA, IFMA, PABSCO, ISSA, SCSSA, SDEP, HPSI and CURB on the subjects of green cleaning, LEED or sustainability • WAXIE consultants have assisted with green cleaning needs of several LEED projects • WAXIE Desk Calendars and Product Catalogs and product literature printed with post - consumer recycled content using soy based inks; Green section of catalog and website developed to provide customer education and promote green purchasing • Sponsor and host for LEED for Existing Buildings Technical Review Workshops and other LEED EBOM Educational Series in partnership with USGBC chapter • Delivery routes planned with routing software that minimizes travel time, resulting in less fuel consumption and vehicle emissions — also pilot in place for hybrid delivery trucks for some routes to further decrease fuel consumption and vehicle emissions • Recycling and waste diversion program for corrugated, shrink wrap and pallets, as well as other ongoing consumables, durable goods and facility alterations • Green Cleaning Policy, Recycling Policy, and water conserving devices installed in restrooms • Video conferencing technology utilized to decrease need for face-to-face meetings • WebOwork e-commerce platform and eInvoicing promoted to minimize paper usage RFP technology utilized for inventory control to minimize paper usage 0 * Soon RFP technology will be used with deliveries to minimize paper cs r4 d 6 wa � C Ln On ,L Ll Ln Ln 0 w X C Q m l7 Qd' CL E m Ln m m z z z z m m m m m m m m m m m m m m m m m m m m z z z m m 0 (A V) 2 2 2 2 Ln Ln N Ln kn V) Ln Ln 0'A'n LA 0'n 0 0 Ln Ln Ln'n 2 2 2 0 LA 3 w w m � 2 J J J V1 V1 > > > p p O O O w w 0. ao a "'u J�00 LLJ >> u u u u u u u a a a > >w O O O O O O 2 2 w w- > > > > > > w w u u a a® a Q Q Q Q 2 2 R 2 R Q Q m m m m u u u u cQJ u u u u u �- f- z z z z w w w w z z z z O O O O U U u U coo Comm w cc cc CL0.CL aaQauL)uu LL LL.W W } } } 0 0 0 3 m m m m a a a w w ur a a a a LnCA en m m m m m m U U U U z z 2 z m a a a U U U w w w W w w uw w w w z z w w z z co 0 O w cc uu w w w w U U U U U U U U 0 w w w w w w w w w w w w w U U U U U U O I.M Z a'� O z z U. 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X Strauss Paper Company X S-B SWPIus X S-B Wagner SuI X 1751804802400 S-B Waxie Sanitary Supply X WCP Solutions X Western Sanitary Supply X Wood W ant M I m MMMIMMEMEMS Athens Pager Company 11 X � m mml Lindenme r Munroe X Mac Papers, Inc. X Millcraft Paper Company,The X J32 S icers Paper and Kelly Paper 79 174 7 5 2 2 Q AW i W 4) 13 W W V 0 L. CL �q T i CL E 0 cu c 4-0 cu L E 0 L 4 a E 0 a) {t3 A, , U m a-.+ C C E cc a) i o L Q. -C E .cn U O U C `cu c C m cu 0 O o a L � U T O _0-�--� c U cu a) w � N a) o a. E •Q .E cn c � c co c� a) C -0 c ) 'CV) ^^o 1..1.E C cn .c E — cn U cn U cu06 :�� cn > U cn O O C O N O cu E cu to E CL c '� c E cuL E _ a-0 Boa �c.c U (p "0 N U RS N .� N L cu cu o cu a cn CY) cu 0 L CU +� E C � c N Q �w > w:2 cn0 T III@ i NOR c O aD .cn c N E O EA cn 0 cn cn au U O c U O T r - r- - - -_ -- - _P — ———- — — - — -—— — d .m gig wooa 91"ODU rrrwrnlvP313 rare rO1MAl73 p cu CI3 O c O U 4O Q3 cu E a cu O El Im c N E 0 f,. C14 110 Date State Zp Code ISSA Member BSCAI Member Towel Vnssue w1pem Cleaning Chemicals Sidricare Primary Secondary Other (please provide) Primary ordering method 1 - How does your company measure purchasing performance? Cost Saving Vendor Quality Delivery Metrics Price Effectiveness Inventory Flow 2 - Rank the following issues In order of importance for your company (1 being most important - 5 least Important) Cost Saving Vendor Quality Delivery Metrics Inventory Flow 3 - How does your company provide bids and estimates to potential customers? 4- Does your company perform standard quality assurance monitoring? INTERVIEWS Page I of 8 5 - How comfortable are you with the level of knowledge/control you have around your company's equipment ? (training, Inventory, repair expenses/process, network "MMU940M 6%, 0MCK 2 P'N""Al 100 Commercial Real Estate Building Assessment Overall clean appearance 1 0 Windows clean & streak free 1 0 Horizontal surfaces dust free 1 0 (including wall hangings, ledges, light fixtures, etc.,) Doors, walls scuff -free 1 0 >- Waste cans accessible 1 0 M 00 0 Waste cans less than 3/4 full 1 0 Waste can liner overhang less than 5" 1 0 Furniture free of debris & in good condition 1 0 Vents clean & dust free 1 0 Drinking fountains clean & free of debris or build up 1 0 No discernable odors 1 0 Flooring type - - Floor is not sticky 1 0 Floor (and grout) free of soap scum and mildew 1 0 Z Free of scratches and scuffs 1 0 Has proper coloring 1 0 00 D -U. j (no yellowing or other discoloration) Floor is not slick/slippery 1 0 Mats are used as necessary 1 0 Mats are in visibly good condition 1 0 Overall clean appearance 1 0 �e Z Horizontal surfaces dust free 1 0 < (including wall hangings, ledges, light fixtures, etc. co Doors, walls scuff free 1 0 0 I -- Hand sanitizer accessible 1 0 Dispenser not empty & functional 1 0 Uj No discernable odors 1 0 Free of waste & debris 1 0 IX W 0 Operating panel free of smudges, streaks, & debris 0 > Uj LU Horizontal surfaces dust free 0 (including wall hangings, ledges, light fixtures, etc.j Doors, walls scuff free 1 0 TOTAL 28 0 . . . .......... networke OfSTRUBUTION my T Commercial Real Estate Building Assessment Mirrors clean and streak -free 1 0 Sink tops clean & dry 1 0 'Ic Ui Light fixtures in proper working condition 1 0 W < (bulbs in place & functional) Z 0 Horizontal surfaces dust free 1 0 Z (including wall hangings, ledges, light fixtures, etc,) Z 0 Waste cans less than 3/4 full 1 0 Waste can liner overhang less than 5" 1 0 No discernable odors 1 0 0 0 Toilet surfaces clean and free of debris 1 0 Ui Bowl clean 1 0 W 0 ;5 CO Toilet tissue dispenser not empty 1 0 00 Wall urinals clean and free of debris 1 0 Flooring Type - - Floor is Not Sticky 1 0 Floor (and grout) free of soap scum and mildew 1 0 0 Free of scratches and scuffs 1 0 0 i U. Has proper coloring 1 0 (no yellowing or other discoloration) Floor is not slick/slippery 1 0 Mats are used as necessary 1 0 OM OOST. Commercial Real Estate Building Assessment Overall clean appearance 1 0 Windows clean & streak free 1 0 Horizontal surfaces dust free 1 0 (including wall hangings, ledges, light fixtures, etc.,} ca Doors, walls scuff -free 1 0 0 Waste cans accessible 1 0 Z Waste cans less than 3/4 full 1 0 oc P Waste can liner overhang less than 5" 1 0 Z Furniture free of debris & in good condition 1 0 Vents clean & dust free 1 0 Drinking fountains clean & free of debris or build up 1 0 Flooring Type - - Floor is Not Sticky 1 0 Z Floor (and grout) free of soap scum and mildew 1 0 Ui U 0 w Free of scratches and scuffs 1 0 U- U- 0 0 1 LL Has proper coloring 1 0 (no yellowing or other discoloration) Floor is not slick/slippery 1 0 Mats are used as necessary 1 0 . . . . . . .............. . . . . . ...... . . ....... . .. Overall clean appearance ------ . .... . ........ . 1 ........... 0 Windows clean & streak free 1 0 Horizontal surfaces dust free 1 0 (including wall hangings, ledges, light fixtures, etc.,} Ui Doors, walls scuff -free 1 0 lu !I: Waste cans accessible U- 1 0 0 Waste cans less than 3/4 full 1 0 Waste can liner overhang less than 5" 1 0 Furniture free of debris & in good condition 1 0 Vents clean & dust free 1 0 TOTAL 25 0 Mi %J05"T. Commercial Real Estate Building Assessment Free of waste & debris 1 0 Light Mures in proper working condition 1 0 (bulbs in place & functional) LU Railings free of smudges & debris 1 0 Horizontal surfaces dust free 1 0 (including wall hangings, ledges, light fixtures, etc,,) Doors, walls scuff free 1 0 No discernable odors 1 0 Ergonomic cart (minimal bending, lifting, twisting) .............. . ..... . . 1 . ......... . ............................ .--- 0 Gloves stored on cart 1 0 o LU 0 W Carts organized 1 0 Checklists/training cards onboard 1 0 < Proper Chemical Labeling 1 0 >- Hand Sanitizer Stored On Cart 1 0 CL Cordless equipment in use to reduce slip/fall exposure 1 0 Decibel rating for vacuums < 60 dB 1 0 Vacuum filtration systems have particle capture of 1 p or less 1 0 TOTAL 15 0 Notes 201 llk� All, OST. BUILDING ASSESSMENT SCORECARD Facility: 0 Assessment Date: O-Jan-00 Participants: Purchasing Contact 0 0 Operations Contact 0 0 Other 1 0 0 Other Z 0 0 POSSIBLE POINTS 28 17 25 15 as . . ....... -.- . . .. ..... ........ . .. . . . . ...... . .. --..... ... ....... . . 0 0% POINTS EARNED 0 0 0 0 0 ..................... RIM,, - 85% Green 60% - 95% Yellow � 60% ; Red mi mmm if I - Days 0-45 days * Creafion aind distributilor, of a c:ca-Ibramnde IG ress releasie 'to trade publicabons * Announcement,, contract detads l cointact lviformaflon pubfished n,)n NETWORK's and OMNIA's �websltips * Share contract detaft Mth NE I WORK dlisn'6utoir partners and suppliers * SchedWe roH-otrt irroneefings to discuss cointract details and expectatlons * Niem product anti pricing schipd,Wes shated witli ld�stdbufiioin * I)eslgiri, publicabon and ld'strffiuboin (,:)f ir.,ro-brandied markefing materlials,, * Add rnarketOig matei Ws, as they become avaflaWe, to 0IMMA Partneirs wipbpage Phase 11 - Days 45-90 and beyond * �Diesign and pubficabon, of nabona@ and regk)inal advivrtllsirin uraiJe pubkatioins thmUghOLA the tei,rn of thic! Master Agreement. * Add marketing matieirlals,, as fl-mr y beclume avaHaWe,, to MUM Plartineirs, webpage YvWhin thie NEIWORK and WAXIE will * Comrnitrneint to attierid and IparWriate wfth OMM IPartnner's at natloin'M (i le NlGP Anirv.41 Forun, NPm Conflemice, l rergOinal (LcIncanal NlGf) Chapter Meetlings, IReglioinal CooperratlVje. Suirnmits, etc,.) and suppRer .spccifiic trade stwws, coinferiences and rnivetlngs throughlolut tl,,e terrn of tkw Maste. r Agreement, * Cornmltmeint to attend, exhiWt and pairti(jpant e at the MGI) Annual Fionimrn mire din area reserved by OMNIA Pain u wrs for partner supphers, Boicat lh space wflH bie puyclhased aind s�taaffe Iby SL)ppker. nun addrflon, stuppfier commits to, provide reasonable assiistancle to the overafi proniotion and markefirig ePorts for thie MU Anrn4 Forurn, in conjunction wftkONMINIA Partners * Work Mth OTWI'l staff to estabhsh tar,gret ciustorneirs * Set gulp w1oirk with days wlth MICA sMes organizadions for target agiencies tiosdhedWe j6int SzOes calls * Estabfish oine yew marketing calenidar with SLAppiler, partners 'car'pria)rnos to target custorniers and sieasorW rieleds * ReWlew new cloritract details wlth exlstling agencies and PIFIA CWtomers * Orgoing cornmftnrent to aggressNiely miarket arid promote khic� Waster Agreement to curreint Pardd�pating Public Agencies, existing NE'FVV1(.)RK and WAME Piublic Agency wstorniers, as meieU as pirosplective Public Agencqes matiionMde throughout Master Agireemeril's term. I his to lmIudie case studies, 4 x)flaterM jAeces, priesentations, promotions, etc. * Add markieding rnaterials, as thley biecomie avaflaWie, to Olil PartnierswebpagAsa verflflrw thie NEMORK and WAXIF websltes, WAXIE representatives have been asked to speak at functions for organizations such as USGBC, BOMA, IFMA, PABSCO, ISSA, SCSSA, SDEP, HPSI, CHESC, OPPA, and CURB on the subjects of green cleaning, LEED or sustainability WAXIE consultants have assisted with green cleaning needs of several LEED projects for customers (references available) e,E —1 WAXIE Desk Calendars and Product Catalogs and product literature ... 0J,, " I printed with post -consumer recycled content using soy based inks; Green section of catalog and website developed to provide customer education and promote green purchasing Sponsor and host for LEED for Existing Buildings Technical Review Workshops LEED and other LEED EBOM Educational Series in partnership with USGBC chapter WAXIE was on Technical Committees for development of ISSA Cleaning Industry ISSA Management Standard (CIMS and CIMS-GB), and a participating stakeholder in the Standard Development Team for the Green Seal "Green Cleaning Services Standard" (GS-42) and revision of "Industrial and Institutional Cleaners Standard" (GS-37) SDRSP WAXIE is a charter signatory of the San Diego Regional Sustainability Partnership A WAXIE employee has sat on the Board of Directors for the San Diego chapter of USGBC, and serves as the chapter's Immediate Past President, point of contact for LEED EBOM and the Pacific Regional Council Representative % 'WAXIE WAXIE has developed GPS® Green Partner SupportTm to assist green -commit - I ted end -user customers implement more effective green cleaning programs WAXIE has a broad selection of environmentally preferable products (including r ) numerous WAXIE private labeled cleaning products) that have received certifications from Green Seal, EcoLogo and Scientific Certification Systems, or have been formulated in partnership with EPA Design for the Environment (DfE) *10,04 f. 1. f. 1. 4. W. #V Off. V. Forty-four (44) WAXIE employees are CIMS-GB ISSA Certification Experts WAXIE has conducted numerous "Green Cleaning Seminars" at WAXIE branches in San Diego, Santa Ana, Ontario, Los Angeles, Palm Springs, San Francisco, Mesa, Tucson, Las Vegas, Salt Lake City, Portland, Seattle, Colorado Springs and Denver 072VAJ WAXIE Sanitary Supply is committed to being a leader to promote responsible business practices that support sustainable communities which are secure, economically prosperous, environmentally responsible and healthy places in which to live and work. WAXIE shares the goal of establishing partnerships to advance education, communication, business best practices, policies, research, technologies and programs to support a more sustainable region for all generations. WAXIE is committed to adopting more sustainable business practices for the company, and to partnering with its stakeholders to identify and implement the most effective facility maintenance solutions to protect and enhance the triple bottom line of human health, environmental stewardship, and economic prosperity. WAXIE is a member of these organizations: I Piping III opi Corporate Headquarters 9353 Waxie Way San Diego, CA 92123 (800) 995-4466 SANITARY SUPPLY www.waxie.com www.waxie.com/green 0 2013 WAXIE Sanitary Supply WAXIE G Po Green Partner Support. k tilt 01 Your Guide, to Allore. Sustainable Cleaning Solutions WAMW®RO S.Op.v Ue 'I % id" 7111F WAXIE GP5 , Green Partner Support is an ideal plafforITI for custorners who would like to Oplement a green cleaning program which combines low arvironmental impact cleain4ig products with good sound cleaning procedures, along with the training and consultative expertise needed ia order to create a more effective and safe cleaning program, WAXIE GP5 " identifies third -party certifications and guldefines wl"wriever avaIable to substantiate envirormientally preferable product claims - - such as EPA Cornpreherisive Procure- ment Guidelines (CPGp® EPA Design for the Environment (M), LA EnAronrnenVEc(.)Logo, Green CM Seal of Approval, Forest Stewardship Council (FS(" , Scientific Ce0fication Systems (SC',S), Clean Ah' Choices Naner Cerfification (CACQ, USDA NoPreferred Prograrn and others — and indudes the demonstrated knowledge of the LEER" Accredited Prolessionals and GIGS-0 ISSA Certification Experts errqAoyed by WA.XIE, WAXIE GPS' ls a coilabloration and partnership between WAXIE and its respective cuslorner and manufacturer partiners, --and it is a compi ehensive approach wl-'flch addresses everything you wfl1i need to implement an effective green cleaning pvoqram, Your WAAE Sw ftay MOO Want 001 GP5 partners wfth you to path to yelp you fetich your green cleaning goals. / /® 21 ,�"� r^ ,Wui �� Ilif I��i� WV Nlr IIW .. �V41N➢w14 � I�If W tt 111111;N ���� �wIf�J��������R� "'^" /iii I VNwr I �,��� �--'' ,� �`y� 1������I�f�101 �,Jp��! Ilt�� p 1ply �>9�11�J�JJJJJJJJ���J����1�%111�� J1Jl1JJ11111>Il�J1JJJ111JJ)lll)JJJ)JJJJJ �� J iuw; ✓i �" I.IP�I IVi IO�i ` w".4lM1°b; 9' 1 JV U'" r,U, �i' ii Mr;fi , Iler pIW�� f% Dui. RISEtirnuuul��i�himm K mtiim owlmuum� lm� r mluiam luiaa A rr , %, W1\1 r 1� j / ', / WAXIE SaWary Supply lhas the best value and most corripre.henslve offering of green dean wing product SOWDns available in 11he industry, in addition to offering this wide range of product choices, NXIE GPS", places these products within a platforrn that recognizes that maximum positive Impact can The adhieved by considering an approach which addresses the best cleaning PROCESSES and PROCEDURES in asr=4.ition with these pr(Alicts, as WeIL Any product, it used incorrecft can be potentially harmful to people, surfaces or the surrounding environn'Wilt, WAKIE GPS* identifies BEST PRAMICES for the proper use and disposal of clearOng products In your building, with the goals of irriproving worker safety, maximizing source reduction opportunities, and increasing overall efficlency, Our (33reen Cleaning Consultation addresses oppoduriffies to coilsoiidale and standardize product selections to gave inventory space„ as well as opportunities to consofidate and streamline deliveries to minimize lianspor- tation; impacts, and opportunities to use online e-commerce ordwing, invoicing and reporting solutions to rninignize paper usage and increase overall efficiencies, WAXIE GPS" Catalog Looking for just the right cleaning product solution for your Green Cleaning Program? The WAXIE GPS11 Catalog offers the most comprehensive assembly of green cleaning products in the cleaning industry In addition, the GPS Catalog provides a tutorial on the most prevalent third -party certification standards and product attributes which highlight how the featured products reduce impacts on human health and the environment. The WAXIE GPSI" Catalog has everything you need to clean when you want to go greenl WAXIE GPS' Suite of Tools Looking to implement an effective green cleaning program but not sure where to start? The WAXIE GPSO Suite of Tools offers a proven format to identify your "Green Cleaning Team," establish a baseline of your current cleaning processes, identify recommendations for imptiovernent, deliver and track training for your cleaning staff, assess the cleaning effectiveness of your custodial operations, and calculate your green spend percentage. The WAXIE GPS11 Suite of Tools has everyNng you need to devOop a custoini7ed green cleaning policy and irripImpent a high performance cleaning program, WAYJE is a nmdw of Mew o%Wabow W=EO ISSArsli SANITARY SUPPLY Co rate Headquaners 9353 W"e Way ISOV ILK TO San Diego, CA 92123 (NO) 995-4466 T w Faesl RowardShip Coor* O'SC ) Is Wi Inteff0ibW rer*Wbi &V WARV spteyp for papFandwood www.waxie.com I.dWS heat CUM lirDffi re%xinothy nmar.J farmLq, vergied rix;Vcied wimes, aind (adroiled smumu UW& P, cedft, tion, Vests we cerfifiM agannW a W a4 strid efl*mmeiMi and qumistarray, and fW trorn cedified tarest. is Yaciwd W1 Me way to ft, w.mmer. Mrouoi u Clhaio iol CAW.udy PA-0ftAxi syiem Who and vamgt 14 a 0 2012 WAME S"Bry Si" produd in the ffiadWoam, c4uiyWq giv, FRC'iher k litv'liogm Fty aime on wmNATnV"'L(1gQ. gmn q u 3- z 0 Q U .I U) Z Q T C) J a IL y il ME PR 5, 9 40, 0 ? - Cc:) CE'E - 0 L) IM E A?• t 0 .0 0 r> o r.L o o = cu 0 E r� cc ;5 1— tm-- 2 r 0 t5L CL 0 MD p M .48 E L) I CLr r 1 • .2 2 0 m OL p, Ll 6_ ig (5 275 00 a ? - CL U H ( ff (D :03 '(03) o co ro- m = A CE (D 2 aD -0 Mn E > -0 m co E • m(CD 10 (D 0 M .... ...... X ... . ............ 0 Co CL r-L . . . ............. .... — -- Jf 16 rcn 16 2� d o E UO ID CL Mti Z r_ m 0 E ar 0 m u CO) ,n (D E a) r■ fj 0 M E E E 0. 0 m ID CL E E LL 0 eL uj E w 2 LL 5 > 0 In ca') 0) M = U) Lo 0 0 0 E u.9 a E E m CD m w L 6. cu a U E 0m •2 I- 0 m m 0 rz L 'o 1 EL r- - - 2 cr 0 :3 U D a- uj L 4(D 0 w = U) 0 0 0 U) — 2 2 u 5, (u 0 .5: a 0- WAXIEM SANITARY SUPPLY WAXIE's Virtual Managed Inventory (VIVII) program provides easy order- ing for managed inventory. WAXIE VIVII uses a smart device app to col- lect and transmit your inventory order, VMI is available for OS, Android and Windows 8 taWet devices, MEMBIRMINEEMM ITM11 the Par level. Users will have access to only the closets where they are responsible for the inventory, the order to WAXIE Additional features available include offine inventory cWecboin for number of monthly orders submitted. The Most Trusted Name In Clean. Since 1945. W=E-M Corporate Headquarters 19353 Waxie Way I San Diego, CA 92123 SANITARY SUPPLY (800) 995-4466 1 www.waxie.com 0 2015 WAXIE Sanitary Supply il IN a I a BOLD=HEADQUARTERS CITY STATE ZIP NO, OF BRANCHES SQ. FOOTAGE NETWORK DISTRIBUTOR Jessup MD 20794 2 240,000 Richmond VA 23224 Davie FL 33314 NETWORK DISTRIBUTOR Indianapolis IN 46241 2 200,000 Columbus OH 43228 NETWORK DISTRIBUTOR Los Angeles CA 90023 4 500,000 Galt CA 95632 San Luis Obispo CA 93401 American Canyon CA 94503 Miami FL 33166 NETWORK DISTRIBUTOR Sao Paulo, SP Brazil 05422-030 16 140,000 NETWORK DISTRIBUTOR City of Industry CA 91746 2 200,000 Hayward CA 94545 NETWORK DISTRIBUTOR Carlstadt NJ 07072 1 75,000 NETWORK DISTRIBUTOR Nashville TN 37209 7 500,000 Mabelvale AR 72103 Austell GA 30168 Leighton AL 35646 Chattanooga TN 37406 Knoxville TN 37921 Memphis TN 38118 NETWORK DISTRIBUTOR San Jose CA 95112 2 138,000 San Jose CA 95112 NETWORK DISTRIBUTOR Nashville TN 37210 14 Birmingham AL 35214 Madison AL 35759 Norcross GA 30071 Hu ntingberg IN 47542 Lexington KY 40511 Louisville KY 40214 Jackson MS 39209 Charlotte NC 28269 Chattanooga TN 37406 Knoxville TN 37921 Memphis TN 38118 NETWORK DISTRIBUTOR Lexington KY 40511 1 80,000 NETWORK DISTRIBUTOR Green Bay WI 54303 1 61,000 NETWORK DISTRIBUTOR Des Moines IA 50321 6 140,000 Hiawatha IA 52233 Carroll IA 51401 Omaha NE 68138 Dubuque IA 52002 Cedar Falls IA 50614 NETWORK DISTRIBUTOR North Salt Lake City UT 84054 1 60,000 NETWORK DISTRIBUTOR Birmingham AL 35209 3 138,000 Montgomery AL 36110 Monroeville IAL 136460 NETWORK DISTRIBUTOR San Jose Costa Rica 11303 6 220,000 Guatamala Panama El Salvador Nicaragua Honduras NETWORK DISTRIBUTOR Richmond CA 94804 31 225,000 Petaluma CA 94952 Windsor CA 95492 NETWORK DISTRIBUTOR Fargo ND 58102 4 240,000 Bemidji MN 56601 Virginia MN 55792 St. Cloud MN 56301 Minneapolis MN 55413 NETWORK DISTRIBUTOR New Brighton MN 55112 4 154,000 Marquette MI 49855 Sault Ste. Marie MI 49783 Duluth MN 55811 Rochester MN 55904 LaCrosse W I 54601 Hibbing MN 55746 Marshfield WI 54449 NETWORK DISTRIBUTOR Mobile AL 36693 1 65,000 NETWORK DISTRIBUTOR Milford CT 06460 31 420,000 Tewksbury MA 01876 Cranbury NJ 08512 NETWORK DISTRIBUTOR Harahan LA 70123 2 147,000 Alexandria LA 71301 NETWORK DISTRIBUTOR Woodridge IL 60517 6 1,052,500 Mira Loma CA 91752 Miramar FL 33025 Norcross GA 30071 Westampton NJ 8060 The Colony TX 75056 Atlanta GA 30341 Kent WA 98032 Santa Rosa CA 95401 NETWORK DISTRIBUTOR Minneapolis MN 55401 2 650,000 Duluth MN 55802 NETWORK DISTRIBUTOR Rutland VT OS702 1 90,000 NETWORK DISTRIBUTOR Fort Smith AR 72903 2 47,000 Ada OK 74820 NETWORK DISTRIBUTOR Twin Falls ID 83301 4 76,000 Boise ID 83704 Pocatello ID 83201 Elko NV 89801 NETWORK DISTRIBUTOR Canton MA 02021 1 110,000 NETWORK DISTRIBUTOR Overland Park KS 66211 19 807,057 Albertville AL 35951 Springdale AR 72762 Fresno CA 93725 Calgary - Alberta CAN T2C1N9 Guelph - Ontario CAN N1H1G3 Fort Morgan CO 80701 Oakwood GA 30566 Ottumwa IA 52501 Beardstown IL 62618 Dodge City KS 67801 Salisbury MD 21804 Rocky Mount NC 27804 North Bend NE 68649 North Sioux City SD 57049 Plainview TX 79072 Harrisonburg VA 22801 Green Bay WI 54303 NETWORK DISTRIBUTOR Sioux Falls SD 57104 1 7 170,000 Grand Forks ND 58203 Cedar Falls IA 50613 Mason City IA 50401 Sioux City IA 51105 Rapid City SD 57701 Billings MT 59101 NETWORK DISTRIBUTOR Amsterdam NY 12010 1 100,000 NETWORK DISTRIBUTOR Saint Joseph MO 64S02 30 415,156 Union City CA 94587 Sacramento CA 95834 Los Angeles CA 90040 Denver CO 80239 Tucson AZ 85705 Houston TX 77041 San Antonio TX 78247 Kansas City MO 64153 Columbia MO 65202 Daleville IN 47334 Lexington KY 40511 Madisonville KY 42431 Lancaster PA 17601 Warminster PA 18974 Manchester NH 3109 Columbus OH 43223 Manchester CT 6042 Urbandale IA 50322 Mesa AZ 85210 Flagstaff AZ 86004 Springfield MO 65803 Branson MO 65616 Maryland Heights MO 63043 Victor NY 14S64 Lino Lakes MN 55014 Eau Claire WI 54701 Hutchinson MN 55350 Staples MN 56479 Owatonna MN 55060 Sioux City SD 57104 Rapid City SD 57702 LaVista NE 68128 NETWORK DISTRIBUTOR Indianapolis IN 46268 91 500,000 Belleville MI 48111 Earth City MO 63045 Cincinnati OH 45249 Columbus OH 43204 Alsip IL 60803 Paducah KY 42003 Kalamazoo MI 49001 Tinley Park IL 60477 NETWORK DISTRIBUTOR Jersey City NJ 07306 30 2,419,231 Franklin MA 02038 High Point NC 27263 Tampa FL 33610 Manchester NH 03108 Miami FL 33178 Loxley AL 36551 Jacksonville FL 32219 Orlando FL 32809 Austell GA 30122 Jessup MD 20794 Whitsett NC 27377 Bordentown NJ 08505 Catano PR 00962 Bellingham MA 02019 Racine WI 53403 Elmhurst IL 60126 Austell GA 30168 Willow Grove PA 19090 Victoria TX 77903 San Antonio TX 78219 Hutton TX 78634 Temple TX 76503 Clute TX 77531 Brownsville TX 78521 Corpus Christi TX 78416 Kansas City Birmingham AL 35233 Tuscaloosa AL 35401 Montgomery AL 36110 Woodside NY 11377 Boyleston MA 101505 St. Louis MO 63146 Independence MO 64056 Irvine CA 92606 NETWORK DISTRIBUTOR Bell CA 90201 4 600,000 Commerce CA 90022 Bell CA 90201 Hayward CA 94945 Los Angeles CA 90001 NETWORK DISTRIBUTOR St. Louis MO 63134 11 135,000 NETWORK DISTRIBUTOR 12529 Schonefeld Germany 3S0 8,000,000 NETWORK DISTRIBUTOR Meridian MS 39301 S 390,000 Flowood MS 39232 Demopolis AL 36732 Columbus MS 39703 Hattiesburg MS 39403 NETWORK DISTRIBUTOR Chattanooga TN 37402 1 35,000 NETWORK DISTRIBUTOR Auburn NY 13021 1 120,000 NETWORK DISTRIBUTOR Knoxville TN 37914 4 130,000 Charlotte NC 28206 Chattanooga TN 37406 Nashville TN 37214 NETWORK DISTRIBUTOR Monterrey, NL Mexico 64500 1 1 75,000 Apodaca, NL Mexico 66600 Monterrey NL C.P. 64500 Nuevo Laredo TAMPS C.P. 88209 Matamoros TAMPS C.P.87300 Tampico TAMPS C.P.89318 Saltillo COAH C.P.25294 Torreon COAH C.P.27000 Monclova COAH C.P.2S760 Piedras Negras COAH C.P. 26025 Cd. Acuna COAH C.P. 26230 Durango DGO C.P. 34290 Zacatecas ZAC C.P.98600 Cd Juarez C.P.32370 Chihuahua CHIH C.P. 31110 Delicias CHIH C.P. 3300 Hermosillo SON C.P. 83137 Tijuana BCN C.P. 22410 Los Mochis SIN C.P. 81215 Culiacan SIN C.P. 80150 Mazatlan SIN C.P. 82000 Cabo San Lucas BCS C.P. 23473 Guadalajara JAL C.P. 44470 Tepatitlan de Morelos JAL C.P. 45602 Aguascalientes AGS C.P. 20110 San Luis Potosi SLP C.P. 78384 Lean GTO IC.P. 37227 Queretaro QRO I C.P. 76089 Puerto Vallarta JAL C.P. 48290 Colima COL C.P. 28000 Morelia MICH C.P. 58146 Lazaro Cardenas MICH C.P. 60950 Mexico DF C.P. 02300 Mexico DF C.P. 02300 Puebla PUE C.P. 72180 Tehuacan PUE C.P. 75740 Lerma EDOMEX C.P.52000 Cuernavaca MDR C.P. 62250 Cuautla MDR C.P. 62744 Acapulco GRO C.P. 39355 Veracruz VER C.P. 91700 Coatzacoalcos VER C.P. 96400 Villahermosa TAB C.P. 02300 Tlalixtac de Cabrera OAX C.P. 68270 Tuxtla Gutierrez CHIS C.P.29110 Tapachula CHIS C.P. 30700 San Cristobal CHIS C.P. 29264 Merida YUC C.P. 97210 Cancun Q.ROD C.P.77530 Playa del Carmen Q. ROO C.P. 77712 Monterrey NL C.P.64820 Monterrey NL C.P.64650 Monterrey NL C.P.64000 Saltillo COAH C.P.25240 Torreon COAH C.P.27085 Cd. Juarez Chih. C.P. 32580 Mexico DF C.P.08400 Mexico DF C.P.06400 Tlanepantla EDOMEX C.P.54073 Guadalajara JAL C.P.44530 Guadalajara JAL C.P.44260 Tlaquepaque JAL C.P.45602 Puebla PUE C.P.72810 Leon GTO C.P.37220 San Pedro Garza Garcia NL C.P. 66250 Monterrey NL C.P. 64770 San Nicolas de los Garza N.L. C.P. 66460 Monterrey NL C.P. 64989 Monterrey NL C.P. 64620 Saltillo COAH C.P.25260 NETWORK DISTRIBUTOR Purchase NY 10577 28 Wallingford CT 06492 Carol Stream IL 60188 Belingham MA 02019 Columbia MD 21045 Hanover MD 21076 Portland IME 104103 Dexter MI 48130 Grand Rapids MI 49544 St. Paul MN 55108 Durham NC 27713 Londonderry NH 03053 Manchester NH 03109 Teterboro NJ 07609 Farmingdale NY 11735 Latham NY 12110 Melville NY 11747 Rochester NY 14623 Hanover Township PA 18706 King of Prussia PA 19406 Mount Joy PA 17552 Pittsburgh PA 15233 Colonial Heights VA 23834 Richmond VA 23230 Springfield VA 22151 Virginia Beach VA 23462 Williston VT 05495 Pewaukee WI 53188 Trenton NJ 08609 Allentown PA 18109 NETWORK DISTRIBUTOR Canton OH 44707 2 479,000 Lincolnton NC 28092 NETWORK DISTRIBUTOR Jacksonville FL 32207 23 Birmingham AL 35204 Mobile AL 36619 Montgomery AL 36117 Little Rock AR 72210 Midway FL 32343 Orlando FL 32819 Riviera Beach FL 33404 Tampa FL 33610 Lithia Springs GA 30122 New Orleans LA 70123 Pearl MS 39208 Arden NC 28704 Charlotte NC 28266 Greensboro NC 27409 Morrisville NC 27560 Greenville SC 29607 West Columbia SC 29170 Antioch TN 37013 Chattanooga TN 37416 Memphis TN 38141 Nashville TN Pembroke Park FL Orlando FL Hialeah FL 33015 Lewisburg TN NETWORK DISTRIBUTOR Hamilton OH 45011 1 70,000 NETWORK DISTRIBUTOR West Springfield MA 10190 1 100,000 NETWORK DISTRIBUTOR San Antonio TX 78220 3 197,000 Houston TX 77043 Grand Prairie TX 75050 NETWORK DISTRIBUTOR Wailuku HI 96793 2 31,000 Lihue HI 96766 NETWORK DISTRIBUTOR Wheeling IL 60090 20 1,200,000 Wausau WI 54401 Normal IL 61761 Springfield IL 62703 DesPlaines IL 60016 Quincy IL 62305 Rockford IL 61102 Minneapolis MN 55414 Appleton WI 54913 Madison WI 53716 Milwaukee WI 53224 Houston TX 77036 St. Louis MO 63146 Springfield MO 65802 Evansville IN 47711 Plainfield IN 46168 Lenexa KS 66215 Louisville KY 40213 Tulsa OK 74107 West Des Moines IA 50265 NETWORK DISTRIBUTOR Cleveland OH 44105 9 Fort Wayne IN 46808 Indianapolis IN 46241 Louisville KY 40228 Ann Arbor MI 48104 Detroit MI 48216 Livonia MI 48150 Southfield MI 48033 Sterling Heights MI 48312 Akron OH 44301 Cincinnati OH 45246 Cincinnati OH 45204 Cincinnati OH 45203 Cleveland OH 44109 Columbus OH 43228 Columbus OH 43228 Dayton OH 45404 Greenwich CT 06830 NETWORK DISTRIBUTOR New Braunfels TX 78130 1 10 450,000 San Antonio TX 78210 Houston TX 77041 Grand Prairie TX 76011 Ponchatoula LA 70454 Baton Rouge LA 70809 Rancho Cucamonga CA 91730 Minden LA 71055 Tyler TX 75702 Lake Charles LA 70601 La Grange IL 60526 NETWORK DISTRIBUTOR New Berlin WI 53151 2 113,000 Madison WI 53703 Wausau WI 54401 NETWORK DISTRIBUTOR Omaha NE 68130 2 45,000 Urbandale IA 50322 NETWORK DISTRIBUTOR Rancho Dominguez CA 90220 6 200,000 Henderson NV 89011 West Valley City UT 84119 Phoenix AZ 85043 Commerce City CO 80022 Kent WA 98031 NETWORK DISTRIBUTOR Norton Shores MI 49456 7 275,000 Grand Rapids MI 49512 Holland MI 49423 Rochester Hills MI 48309 Traverse City MI 49684 Bowling Green OH 43402 Northfield Center OH 44067 Indianapolis IN 46241 Decatur IL 62526 Willowick OH 44095 NETWORK DISTRIBUTOR Glenview IL 60025 2 400,000 Sturtevant WI 53177 NETWORK DISTRIBUTOR Dallas TX 75234 6 530,000 Longview TX 75604 Texarkana TX 75501 Austin TX 78754 Beaumont TX 77705 Lubbock TX 79404 ElPaso TX 79906 Houston TX 77041 Waco TX 76701 NETWORK DISTRIBUTOR Redlands CA 92374 5 272,000 Union City CA 94587 San Diego CA 92154 Las Vegas NV 89115 Kent WA 98032 NETWORK DISTRIBUTOR Bronx NY 10454 1 240,000 NETWORK DISTRIBUTOR Warrendale PA 15086 1 125,000 NETWORK DISTRIBUTOR Clarksville IN 147129 1 1 30,000 NETWORK DISTRIBUTOR Philadelphia PA 19114 3 300,000 Annapolis MD 21401 Rosedale MD 21237 NETWORK DISTRIBUTOR Scranton PA 18411 1 225,000 NETWORK DISTRIBUTOR Cincinnati OH 45214 31 200,000 Portsmouth OH 45662 Charleston WV 25302 NETWORK DISTRIBUTOR Grand Prairie TX 75050 7 800,000 Austel GA 30168 Austin TX 78758 Houston TX 77040 San Antonio TX 78219 Wichita Falls TX 76310 Middlesex NJ 08831 NETWORK DISTRIBUTOR Harrisburg PA 17110 2 89,000 New Brighton PA 1S066 York PA 17403 Allentown PA 18109 NETWORK DISTRIBUTOR Clarksburg WV 26302 11 33,000 NETWORK DISTRIBUTOR Modesto CA 953S8 1 22,400 NETWORK DISTRIBUTOR Lenexa KS 66219 5 220,000 Tolleson AZ 85353 Chesterfield MO 63005 Pendergrass GA Midlothian TX 76065 NETWORK DISTRIBUTOR Landover MD 20785 1 125,000 NETWORK DISTRIBUTOR La Crosse WI 54603 1 70,000 NETWORK DISTRIBUTOR Spartanburg 5C 29301 9 1,035,000 Jacksonville FL 32226 College Park GA 30337 Vidalia GA 30474 Browns Summit NC 27214 Conway Sc 29526 Lakeland FL 33805 Pigeon Forge TN 37863 Albany GA 31701 NETWORK DISTRIBUTOR Wichita KS 67219 2 120,000 Oklahoma City OK 73107 NETWORK DISTRIBUTOR Temecula CA 92S62 61 360,000 Denver CO 80239 Dallas TX 75227 Fresno CA 93706 Stockton CA 85202 NETWORK DISTRIBUTOR Vaughan Ontario 1.41. 089 1 NETWORK DISTRIBUTOR Santa Fe Springs CA 90670 12 Phoenix AZ 85009 Union City CA 94587 Aurora CO 80011 Honolulu HI 196817 Las Vegas NV 89118 Gresham OR 97230 West Valley City UT 84199 Kent WA 98032 Concord CA 94518 Sacramento CA 95814 Hayward CA 94544 Oakland CA 94512 Santa Clara CA 95054 San Jose CA 95122 Palo Alto CA 94303 San Carlos CA 94070 San Francisco CA 94103 Fresno CA 93726 Ventura CA 93003 Westlake Village CA 91361 Chatsworth CA 91311 North Hollywood CA 91605 Seattle WA 98134 Salt Lake City UT 84115 Portland OR 97230 North Phoenix AZ 85029 Phoenix AZ 85013 Tempe AZ 85281 Tuscon AZ 85705 Anaheim CA 92806 Burbank CA 91502 Cerritos CA 90703 Chula Vista CA 91910 Covina CA 91724 El Monte CA 91731 Escondido CA 92029 Gardena CA 90248 Hollywood CA 90038 San Diego CA 92111 Laguna Hills CA 92653 Los Angeles CA 90021 Palm Desert CA 92211 Pasadena CA 91105 Riverside CA 92507 San Bernadino CA 92408 San Diego CA 92110 Santa Ana CA 92704 Santa Fe Springs CA 90670 Santa Monica CA 90404 Signal Hill CA 90755 Tustin CA 92780 Upland CA 91786 City of Industry CA 91789 NETWORK DISTRIBUTOR Fremont CA 94538 1 200,000 NETWORK DISTRIBUTOR Port Chester NY 10573 1 NETWORK DISTRIBUTOR Odessa TX 79764 3 75,000 Lubbock TX 79404 Wichita Falls TX 76306 NETWORK DISTRIBUTOR San Diego CA 92123 21 972,000 Anchorage AK 99517 Fairbanks AK 99701 Mesa AZ 85215 Tucson AZ 85719 El Centro CA 92243 Livermore CA 94550 Ontario CA 91764 Santa Ana CA 92704 Thousand Palms CA 92276 Aurora CO 80011 Colorado Springs CO 80915 Boise ID 83709 Idaho Falls ID 83401 Las Vegas NV 89119 Gresham OR 97230 Salt Lake City UT 84104 St. George UT 84790 Kent WA 98032 Spokane WA 99216 West Sacramento CA 95691 Santa Rosa CA 95403 San Jose CA 95112 NETWORK DISTRIBUTOR Kent WA 98032 13 900,000 Anchorage AK 99501 Redding CA 96003 Sacramento CA 95811 Boise ID 83705 Idaho Falls ID 83402 Missoula MT 59801 Eugene OR 97402 Medford OR 97504 Portland OR 97230 Redmond OR 97756 Kennewick WA 99336 Spokane Valley WA 99216 Burlington WA 98233 NETWORK DISTRIBUTOR Denver CO 80239 4 225,000 Phoenix AZ 85043 Albuquerque NM 87121 Grand Junction CO 81501 NETWORK DISTRIBUTOR Victoriaville Quebec G6P 7E3 17 350,000 Brossard Quebec J4Y 2P3 Gatineau lQuebec J8Z 1S9 Quebec Quebec GIN 3YI Sault Ste -Marie Ontario P6A 1M7 Sudbury Ontario P3B 2E5 Winnipeg Manitoba R2X 2Z7 Calgary Alberta T2E 7A3 Edmonton Alberta T5S 2W7 Castlegar British Columbia V1N 2A8 Coquitlam British Columbia V3K 6TI Vancouver British Columbia V51- 2G1 Mississauga Ontario L5T 2V5 Dartmouth Nova Scotia B3B IC9 Mt. Pearl Newfoundland AIN 4SP Paradise Newfoundland A1L IN3 Regina Saskatchewan S4T OX7 Etobicoke Ontario M9W 5A5 WAXIEe7 S A N I TARY SUPPLY The Most Trusted Name In Clean. Since 1945. WAXIE Office /Distribution/Will Call/Service Center Locations WAXIE Corporate 9353 Waxie Way San Diego, CA 92123 Ph: (858) 292-8111 WAXIE Anchorage, Alaska Sales/Will Call/Distribution 4005 Spenard Road Anchorage, AK 99517 Ph: (907) 248-0404 WAXIE Fairbanks, Alaska Sales/Will Call/Distribution 975 Van Horn Road, Suite 3 Fairbanks, AK 99701-7656 Ph: (907) 452-8538 WAXIE Mesa, Arizona Sales/Service/Will Call/Distribution 4136 E. McDowell Road Mesa, AZ 85215 Ph: (480) 333-1000 WAXIE Tucson, Arizona Sales/Will Call/Service 355 5. Euclid, Suite 105 Tucson, AZ 85719-6654 Ph: (520) 629-9699 WAXIE Bay Area, California Sales/Service/Will Call/Distribution 901 North Canyons Parkway Livermore, CA 94550 Ph: (925) 454-2900 WAXIE El Centro, California Sales/Will Call 198 E. Ross Road EI Centro, CA 92243-9448 Ph: (760) 352-4691 WAXIE Ontario, California Sales/Service/Will Call/Distribution 905 N. Wineville Ontario,CA 91764-5S95 Ph: (909) 942-3100 WAXIE Palm Springs, California Sales/Will Call 72-080 Woburn Court Thousand Palms, CA 92276 Ph: (760) 343-4410 WAXIE Sacramento, California Sales/Service/Will Call/Distribution 2421 Del Monte Street West Sacramento, CA 95691 Ph: (916) 231-0584 WAXIE San Diego, California Sales/Service/Will Call/Distribution 9353 Waxie Way San Diego, CA 92123 Ph: (858) 292-8111 WAXIE San Jose, California Sales/Will Call/Distribution 890 Service Street San Jose, CA 95112 Ph: (408) 855-6600 WAXIE Santa Ana, California Sales/Service/Will Call/Distribution 3220 S. Fairview Street Santa Ana, CA 92704-6509 Ph: (714) 545-8441 WAXIE Santa Rosa, California Sales/Will Call/Distribution 981 Airway Court, Suite D Santa Rosa, CA 95403 Ph: (707) 522-6840 Corporate Headquarters 19353 Waxie Way, San Diego, CA 92123 1 (800) 544-8054 1 www.waxie.com WAXIE Colorado Springs, Colorado Sales/Will Call/Distribution 2180 Victor Place, Suite B Colorado Springs, CO 80915 Ph: (719)418-8100 WAXIE Denver, Colorado Sales/Service/Will Call/Distribution 2255 N. Pagosa Street, Suite 100 Aurora, CO 80011 Ph: (720) 216-6600 WAXIE Boise, Idaho Sales/Will Call/Distribution 6663 S. Eisenman Road, Suite 120 Boise, Idaho 83716 Ph: (208) 376-8700 WAXIE Idaho Falls, Idaho Sales/Will Call/Distribution 1359 E. Commerce Way Idaho Falls, Idaho 83401 Ph: (208) 552-1300 WAXIE Las Vegas, Nevada Sales/Service/Will Call/Distribution 277 Pilot Road Las Vegas, NV 89119-3533 Ph: (702) 263-0663 WAXIE Portland, Oregon Sales/Will Call/Distribution Building D of The Commons at South Shore 4772 NE 190th Lane Gresham,Oregon 97230 Ph: (503) 674-0002 WAXIE St. George, Utah Sales/Will Call 525 North 3050 East, Suite 102 St. George, UT 84790 Ph: (435) 652-9990 WAXIE Salt Lake City, Utah Sales/Service/Will Call/Distribution 5107 West 1730 South Salt Lake City, UT 84104 Ph: (801) 886-3700 WAXIE Seattle, Washington Sales/Service/Will Call/Distribution 18314 80th Place South Kent, WA 98032-2504 Ph: (425) 291-1700 WAXIE Spokane, Washington Sales/Will Call 3808 N. Sullivan Road, Building 25C Spokane Valley, WA 99216 Ph: (507) 344-3900 Note: Weekly Customer Progress Calls are a part of each Implementation Phase Phase I - Implementation Launch • Customer Review o Review Contract Details o Establish Customer Expectations for: ■ Account Implementation ■ Total Length of Contract o Discuss Next Steps ■ Customer to Send Letter of Endorsement to their Locations ■ Customer to Complete Key Contacts Worksheet • Customer Location Launch Kit o Copy of Letter of Endorsement o Key Contract Details o Key Measurable/Compliance o NETWORK profile with Key Contacts ■ Implementation Contact Information ■ Local Representative Contact Information ■ Corporate Account Director Contact Information o Next Steps/Expectations • NETWORK Local Representative Launch Kit o Copy of Letter of Endorsement o Key Contract Details o Key Measurable/Compliance o Customer Profile/Background o Local Engagement - Local Customer Contact Information Phase II - Account Setup • Various Tasks to get the Customer Setup in our SAP System Phase II - E-Business Systems Setup • Integrate with your procurement, invoicing and reporting processes • Award -winning back end system, powered by SAP Phase IV - PROGRAM LAUNCH!! • Start Accepting Orders Phase V - Post Program Launch Audit • Monthly/Quarterly Reports to Demonstrate: o Product Compliance o Local Engagement/Penetration q�_NETWORX SERVICES COMPANY 7100 E. WOODFIELD ROAD, SUITE 200 SCHAUMBURG, It 60173 800.68 3.03 34 847,803.0482 WW W,N91'WORKDISTRIBUTION.COM IFIIT�* Facilh Supply Solutions The Most Trusted Name in Glean® Since 1945. W= E o7 SANITARY SUPPLY 0 2016 WAXJE Sanfixy Supply V11 4 1 A [oil irD] 01 I'DN For Government Facility Maintenance and Procurement Professionals, WAXIE understands that you need to provide a clean and efficient workplace for your budding occupants at the total lowest cost while meeting governmental executive orders WAXIE delivers innovative facility maintenance supply and hand hygiene solutions along with industry -specific expeilise and consultation that contribute to lower operating costs, increased occupant wellness and enhanced public image, WAXIE has Inventory Centers strategically located throughout the Western United States to serve you. WAXIE is also a member. -owner of Network Services Company, which is a streamlined and collaborative collection of the best independent distributors in the world, which provides an efficient and integrated approach to servicing large account portfolios. % "D 'C "M' NCAA P�i I KY'IMAEPA WAXE is a member of these orgy altims: CCorporate Headquarters WAXI-09 a SANITARY SUPPLY 9353WaxieWay I San Diego® CA92123 1 (800)995-4466 1 www.waxie.com �ya�' .. � � § WAXIE e provides youwith access to Online fin Important right -to -know information right Real-time access to the most up-to-date at your fingertips. product information. Real -Time r, illfty Focus in on the statics girders on Put our` inve at your fingertips. r account i, AN e Information , ' f r, fragrance) R`; find the' p You are loa [tin fao. � 1 elCact rCAuct AM iuc t usage. Shopping 1 customizingMake online ordering even quicker by 1ur list of product. I m v 01, Oa p cl W 0 WAXIE GPS-Green Partner Support Your Guide to M61-e. Sustainable Cleanirg Solutions Id 00, �y xUBERTY WAME-0610 SANITARY SUPPLY WAXIE GPV Green Partner Support Is an ideal platform for customers who would like to irnplernent a green cleaning program which combines lour errvironmenW impact cleaning products wi MI good sound cleaning procedures, along with the training and con%Atative expeMse needed 'in order to create a more effective and safe dfmning proigram. WAXIE GPV identifies third party cerfifications and quidehnes whenever available to substantiate environmentAly preferable product claims — such as EPA Gornpreher6ve Procure- ment Guidelines (CPG), EPA Design for the Environment (M), UL EnOonmenVEcoLogo, Green Seall, CRI Seal of Approval, Forest Stewardship Council (F-SQ, Swifific Ceffificafion Systems (SCS), Clean Mir Choices Cleaner Ceifification (GACQ, USDA BioPreferred Program and other's and includes the dernonstrated knowledge of the LEVAccredited Protessionais and ClMS-G13 ISSA Certification Experts employed lby WAXIE. WAXIE CPPS' is a collaboration and partnership between WAME and its respective customer wd mankslactirier partners — and it is a ccinprehensve approach which addresses everytNng YOU wRI need to implement an effective green cleaning program. Your WAXIE San" MO I Ir"I"I'Awltant partners with you to " , ,22=a" a G P path to help you reach your green cleaning goals, '/a/d/Ij kD � \ � ME Process 'DAME Sanitary Supply has the best value and most comprehensive offering of green cleaning product solutions avaflaWe in the industry, In addition to I this vAde I at Iproduur t choVes, WAXIE GNIP place.,, these products within a platform that recognizes that rnaximum poskhre hinpact can he achieved by considering an approach which addresses the best cleaning PROCESSES and PROCEDURES in association wfth these products as mIl Any praduct, if used Incorrecily, rain be potenfialIly thafmM to pGx)p1e, surfaces or the surrounding environment., WAXJE GPS0 idenfifies BEST PRACTICES for the proper use and disposal of cleaning prodwAss 'urn your building, Mfli the goals or irnproving wort(er safety., nmxim0ng sourck. reduction (Vporlunifies, and increasing overall efficiency. Our Green Gleaning Consuftation addresses oppoftw*ies to consolidate and standardize product selerftions to save inventory space, as well as opporlunrues to consolidate and Wearn5ne deliveries to rninIlrnize transpa tabon impacts, and opportunities to use oiI e commerce ordering, iiIwoIicing and reporting soltiflions to minknize paper usage and increase overall eftencies, WAXIE GPS'Catalog Looking for just the right cleaning product solubon for your Green Gleaning Program? fll,ue WPXIE GIRS"'Gatalog offers the most comprehensive assembly of green cleankig products In the cleaning industry. In addition, the GPS Catalog provides a tutorial on the most prevalent third -party certification standards and product attributes Which highlight how the featured products reduce impacts on hurnan health and the erwironnientThe WAXIE GPS`Catalog has everything you need to clean when you want to go green! Looking to impNement an effective green cleank g program but not sure whe" to starv. The WAXIE GNS111 Suite of "I'As offers a proven format to identify your 'Green Meaning Team," establish a baseline of your current cleaning processes, Identify recommendations for improvement, deliver and track traiift for your cleaning staff, assess the cleaning effectivent-nz of your custodbl operations, and calculate your green spend percentage The WAXIE GIII, D, Suite of TWs has ever.AIiiag you need to develop a customized green cteanOig poficy and implement a high pedormance cleaning program.. iqii��Iiq I i EW= �� 0 WAXE is a mwftr of Ihme orWn&kw _M Jig W] Mm� SANITARY SUPPLY lie Corporate Headquarters PNINTEDWff" 9353 Waxie Way 0Y INK San Diego, CA 92123 (800) 9954466 wwwwaxie.com rxActs IMat imm from nWn&'My wwgQed f('WM'Kr MOW W rxielroWd umm ftef Fsr, tv'Mcafi0fl, fuests are ceflew atonsl a YA of sWd envkwiI and =W stauxWdh, =J ftwr lo'Arn ce,05W.A. foesm i�, lyadvw IiIIN be ffiqto Me consuw ftaiII "Te Chaln VIIIel(wd w'W!� 1 0 2412 WAME S"" puodud W the m,01I =rflq Me I 'dMook 4ee' bgQ. F% Mge 0.�d WWW1 ft=Wad1JM 4/1 NETWORK° E B U S I N E S S S 0 L U T 1 0 N S Table of Contentl 2 NetSupply@ 2,0 ECOMmerce 5 Reporting 6 Billing 6 EBusiness Partnerships -7 I Data Synchronization 7 MITI "M NETWORK"' EBUSINESS SOLUTIONS E C 0 M M E R C E Informed business decisions and effective supply chain management rely on timely and accurate data and transactions. NetSupply'111 2.0 is the flexible ECornmerce solution cle,signed for your supply management needs, BETTER INFORMATION • Product images and detailed specifications • Keyword and item number search and filtering capabilities • ustainability product and contracted item flags • Searchable order history MORE CON'rROIL • Cuistomer-specific catalogs • Buih,-in business rules to help manage contract compliance • Order scheduling, budgeting and approval capabilities • Flexibility to accommodate single -site or multi -site buyers GREATER PRODUCTIVITY • Automated processes help reduce paperwork and keying errors • User -defined favorites lists and recently viewed items feature for faster re -orders • Side -by -side item comparison for easy decision -making • An intuitive, easy -to -use interface INCREASED MOBILATY * 24/7 access to your information, where you need it * Place orders at the point of use with your mobile device * Review and approve orders on the go from your mobile device 0 2013 Network Services Cornpany. AH dghts reserved. gm= MWOME 10 Nwas EnVM' NETWORIKO� EBUSINESS SOLUTIONS rr 8 U S I N IE S S P A R 'r r,4 IE R S H 11 P S The security and integrity of our custorner%' data is a top priority for NETWORK. To streamline the flow of data, reduce the chance for humon errors, and transact in a cosl-eff&ctive manner, NETWORK sup1ports integration with most EBusiness systems. EDI, XML, cXML, FTP Electronic data interchanges provide computer -to -computer exchange of business documents between a customer's system and NETWORK, including; * Invoice, credit/delbit adjustments, remittance advice 0 Purchase orders, order oicknowledgements, order changes GHX and DSSI NETWORK has partnered with leading data exchange services to provide efficient trading relationships for our healthcare customers PUNCHOUIF NETWORK has the flexibility to securely connect with a customer's existing procurement system, Through this imethod, NETWORK receives purchase orders that the custorrier's procurement system converts from a shopping cart requisition, This process ensures the buyer has the most current contracted products and pricing, integrated into their existing system. NETWORK subscribes to I WORLDSYNC, the wadd's leading data pool. With daily synchronization to this rich data pool, NETWORK customer catalogs are populated with the most current product details, inchjding • Product descriptions, specific-ations, and images • Sustainability properties • MSDS V E R I S I G N w NETWORK utilizes Vevisign to monoge the secure collection of credit card payments within its EComcoerce Sy!$ferrI. @ 2013 Network Services Company, A0 nights reserved. WORI ............ D C,.,,,.,Yr NC BOLD=HEADQUARTERS CITY STATE ZIP NO. OF BRANCHES SQ. FOOTAGE NETWORK DISTRIBUTOR Jessup MD 20794 2 240,000 Richmond VA 23224 Davie FL 33314 NETWORK DISTRIBUTOR Indianapolis IN 46241 2 200,000 Columbus OH 43228 NETWORK DISTRIBUTOR Los Angeles CA 90023 4 500,000 Galt CA 95632 San Luis Obispo CA 93401 American Canyon CA 94503 Miami FL 33166 NETWORK DISTRIBUTOR Sao Paulo, SP Brazil 05422-030 16 140,000 NETWORK DISTRIBUTOR City of Industry CA 91746 2 200,000 Hayward CA 94545 NETWORK DISTRIBUTOR Carlstadt NJ 07072 1 75,000 NETWORK DISTRIBUTOR Nashville TN 37209 7 500,000 Mabelvale AR 72103 Austell GA 30168 Leighton AL 35646 Chattanooga TN 37406 Knoxville TN 37921 Memphis TN 38118 NETWORK DISTRIBUTOR San Jose CA 95112 2 138,000 San Jose CA 95112 NETWORK DISTRIBUTOR Nashville TN 37210 14 Birmingham AL 35214 Madison AL 35758 Norcross GA 30071 Huntingberg IN 47542 Lexington KY 40511 Louisville KY 40214 Jackson MS 39209 Charlotte NC 28269 Chattanooga TN 37406 Knoxville TN 37921 Memphis TN 38118 NETWORK DISTRIBUTOR Lexington KY 40511 1 80,000 NETWORK DISTRIBUTOR Green Bay WI 54303 1 61,000 NETWORK DISTRIBUTOR Des Moines IA 50321 6 140,000 Hiawatha IA 52233 Carroll IA 51401 Omaha NE 68138 Dubuque IA 52002 Cedar Falls IA 50614 NETWORK DISTRIBUTOR North Salt Lake City UT 84054 1 60,000 NETWORK DISTRIBUTOR Birmingham AL 35209 3 138,000 Montgomery AL 36110 Monroeville AL 36460 NETWORK DISTRIBUTOR San Jose Costa Rica 11303 6 220,000 Guatamala Panama El Salvador Nicaragua Honduras NETWORK DISTRIBUTOR Richmond CA 94804 3 225,000 Petaluma CA 94952 Windsor CA 95492 NETWORK DISTRIBUTOR Fargo ND 58102 4 240,000 Bemidji MN 56601 Virginia MN 55792 St. Cloud MN 56301 Minneapolis MN 55413 NETWORK DISTRIBUTOR New Brighton MN 55112 4 254,000 Marquette MI 49855 Sault Ste. Marie MI 49783 Duluth MN 55811 Rochester MN 55904 LaCrosse W I 54601 Hibbing MN 55746 Marshfield WI 54449 NETWORK DISTRIBUTOR Mobile AL 36693 1 65,000 NETWORK DISTRIBUTOR Milford CT 06460 3 420,000 Tewksbury MA 01876 Cranbury NJ 08512 NETWORK DISTRIBUTOR Harahan LA 70123 2 147,000 Alexandria LA 71301 NETWORK DISTRIBUTOR Woodridge IL 60517 6 1,052,500 Mira Loma CA 91752 Miramar FL 33025 Norcross GA 30071 Westampton NJ 8060 The Colony TX 75056 Atlanta GA 30341 Kent WA 98032 Santa Rosa CA 95401 NETWORK DISTRIBUTOR Minneapolis MN 55401 2 650,000 Duluth MN 55802 NETWORK DISTRIBUTOR Rutland VT 05702 1 90,000 NETWORK DISTRIBUTOR Fort Smith AR 72903 2 47,000 Ada OK 74820 NETWORK DISTRIBUTOR Twin Falls ID 83301 4 76,000 Boise ID 83704 Pocatello ID 83201 Elko NV 89801 NETWORK DISTRIBUTOR Canton MA 02021 1 110,000 NETWORK DISTRIBUTOR Overland Park KS 66211 19 807,057 Albertville AL 35951 Springdale AR 72762 Fresno CA 93725 Calgary -Alberta CAN T2C1N9 Guelph - Ontario CAN N11-11G3 Fort Morgan CO 80701 Oakwood GA 30566 Ottumwa IA 52501 Beardstown IL 62618 Dodge City KS 67801 Salisbury MD 21804 Rocky Mount NC 27804 North Bend NE 68649 North Sioux City SD 57049 Plainview TX 79072 Harrisonburg VA 22801 Green Bay WI 54303 NETWORK DISTRIBUTOR Sioux Falls SD 57104 7 170,000 Grand Forks ND 58203 Cedar Fails IA 50613 Mason City IA 50401 Sioux City IA 51105 Rapid City SD 57701 Billings MT 59101 NETWORK DISTRIBUTOR Amsterdam NY 12010 1 200,000 NETWORK DISTRIBUTOR Saint Joseph MO 64502 30 415,156 Union City CA 94587 Sacramento CA 95834 Los Angeles CA 90040 Denver CO 80239 Tucson AZ 85705 Houston TX 77041 San Antonio TX 78247 Kansas City MO 64153 Columbia MO 65202 Daleville 1N 47334 Lexington KY 40511 Madisonville KY 42431 Lancaster PA 17601 Warminster PA 18974 Manchester NH 3109 Columbus OH 43223 Manchester CT 6042 Urbandale IA 50322 Mesa AZ 85210 Flagstaff AZ 86004 Springfield MO 65803 Branson MO 65616 Maryland Heights MO 63043 victor NY 14564 Lino Lakes MN 55014 Eau Claire WI 54701 Hutchinson MN 55350 Staples MN 56479 Owatonna MN 55060 Sioux City SD 57104 Rapid City SD 57702 LaVista NE 68128 NETWORK DISTRIBUTOR Indianapolis IN 46268 9 500,000 Belleville MI 48111 Earth City MO 163045 Cincinnati OH 45249 Columbus OH 43204 Alsip IL 60803 Paducah KY 42003 Kalamazoo MI 49001 Tinley Park IL 60477 NETWORK DISTRIBUTOR Jersey City NJ 07306 30 2,419,231 Franklin MA 02038 High Point NC 27263 Tampa FL 33610 Manchester NH 03108 Miami FL 33178 Loxley AL 36551 Jacksonville FL 32219 Orlando FL 32809 Austell GA 30122 Jessup MD 20794 Whitsett NC 27377 Bordentown NJ 08505 Catano PR 00962 Bellingham MA 02019 Racine WI 53403 Elmhurst IL 60126 Austell GA 30168 Willow Grove PA 19090 Victoria TX 77903 San Antonio TX 78219 Hutton TX 78634 Temple TX 76503 CI ute TX 77531 Brownsville TX 78521 Corpus Christi TX 78416 Kansas City Birmingham AL 35233 Tuscaloosa AL 35401 Montgomery AL 36110 Woodside NY 11377 Boyleston MA 01505 St. Louis MO 63146 Independence MO 64056 Irvine CA 92606 NETWORK DISTRIBUTOR Bell CA 90201 4 600,000 Commerce CA 90022 Bell CA 90201 Hayward CA 94945 Los Angeles CA 90001 NETWORK DISTRIBUTOR St. Louis MO 63134 1 135,000 NETWORK DISTRIBUTOR 12529 Schonefeld Germany 350 8,000,000 NETWORK DISTRIBUTOR Meridian MS 39301 5 390,000 Flowood MS 39232 Demopolis AL 36732 Columbus M5 139703 Hattiesburg MS 139403 NETWORK DISTRIBUTOR Chattanooga TN 37402 1 35,000 NETWORK DISTRIBUTOR Auburn NY 13021 1 120,000 NETWORK DISTRIBUTOR Knoxville TN 37914 4 130,000 Charlotte NC 28206 Chattanooga TN 37406 Nashville TN 37214 NETWORK DISTRIBUTOR Monterrey, NL Mexico 64500 1 75,000 Apodaca, NIL Mexico 66600 Monterrey NIL C.P. 64500 Nuevo Laredo TAMPS C.P. 88209 Matamoros TAMPS C.P.87300 Tampico TAMPS C.P.89318 Saltillo COAH C.P.25294 Torre6n COAH C.P.27000 Monclova COAH C.P.25760 Piedras Negras COAH C.P. 26025 Cd. Acuna COAH C.P. 26230 Durango DGO C.P.34290 Zacatecas ZAC C.P. 98600 Cd Juarez C.P.32370 Chihuahua CHIH C.P. 31110 Delicias CHIN C.P.3300 Hermosillo SON C.P.83137 Tijuana BCN C.P. 22410 Los Mochis SIN C.P. 81215 Culiacan SIN C.P. 801s0 Mazatlan SIN C.P. 82000 Cabo San Lucas BCS C.P. 23473 Guadalajara JAL C.P. 44470 Tepatitlan de Morelos JAL C.P. 45602 Aguascalientes AGS C.P.20110 San Luis Potosi SLP C.P. 78384 Leon GTO C.P.37227 Queretaro QRO C.P.76089 Puerto Vallarta JAL C.P. 48290 Colima COL C.P. 28000 Morelia MICH C.P.58146 Lazaro Cardenas MICH C.P. 60950 Mexico DF C.P. 02300 Mexico DF C.P. 02300 Puebla PUE C.P. 72180 Tehuacan PUE C.P. 75740 Lerma EDOMEX C.P.52000 Cuernavaca MOR C.P.62250 Cuautla MOR C.P.62744 Acapulco GRO C.P.39355 Veracruz VER C.P. 91700 Coatzacoalcos VER C.P.96400 Villahermosa TAB C.P. 02300 Tlalixtac de Cabrera OAX C.P. 68270 Tuxtla Gutierrez CHIS 1C.P.29110 Tapachula CHIS C.P.30700 San Cristobal CHIS 1C.P. 29264 Merida YUC C.P. 97210 Cancun Q.ROO C,P.77530 Playa del Carmen Q. ROO C.P. 77712 Monterrey NL C,P.64820 Monterrey NL C.P.64650 Monterrey NL C.P.64000 Saltillo COAH C.P.25240 Torreon COAH C.P.27085 Cd.Juarez Chih. C.P.32580 Mexico DF C.P.08400 Mexico DF C.P.06400 Tlanepantla EDOMEX C.P.54073 Guadalajara JAL C.P.44530 Guadalajara JAL C.P.44260 Tlaquepaque JAL C.P.45602 Puebla PUE C.P.72810 Le6n GTO C.P.37220 San Pedro Garza Garcia NL C.P. 66250 Monterrey NL C.P. 64770 San Nicolas de los Garza N.L. C.P. 66460 Monterrey NL C.P. 64989 Monterrey NL C.P. 64620 Saltillo COAH C.P.25260 NETWORK DISTRIBUTOR Purchase NY 10577 28 Wallingford CT 06492 Carol Stream IL 60188 Belingham MA 02019 Columbia MD 21045 Hanover MD 21076 Portland ME 04103 Dexter MI 48130 Grand Rapids MI 49544 St. Paul MN 55108 Durham NC 27713 Londonderry NH 03053 Manchester NH 03109 Teterboro NJ 07608 Farmingdale NY 11735 Latham NY 12110 Melville NY 11747 Rochester NY 14623 Hanover Township PA 18706 King of Prussia PA 19406 Mount Joy PA 17552 Pittsburgh PA 15233 Colonial Heights VA 23834 Richmond VA 23230 Springfield VA 22151 Virginia Beach VA 23462 Williston VT 05495 Pewaukee WI 53188 Trenton NJ 08609 Allentown PA 18109 NETWORK DISTRIBUTOR Canton OH 44707 2 479,000 Lincolnton NC 28092 NETWORK DISTRIBUTOR Jacksonville FL 32207 23 Birmingham AL 35204 Mobile AL 36619 Montgomery AL 36117 Little Rock AR 72210 Midway FL 32343 Orlando FL 32819 Riviera Beach FL 33404 Tampa FL 33610 Lithia Springs GA 30122 New Orleans LA 70123 Pearl MS 39208 Arden NC 28704 Charlotte NC 28266 Greensboro NC 27409 Morrisville NC 27560 Greenville SC 29607 West Columbia SC 29170 Antioch TN 37013 Chattanooga TN 37416 Memphis TN 38141 Nashville TN Pembroke Park FL Orlando FL Hialeah FL 33015 Lewisburg TN NETWORK DISTRIBUTOR Hamilton OH 45011 1 70,000 NETWORK DISTRIBUTOR West Springfield MA 10190 1 100,000 NETWORK DISTRIBUTOR San Antonio TX 78220 3 197,000 Houston TX 77043 Grand Prairie TX 75050 NETWORK DISTRIBUTOR Wailuku HI 96793 2 31,000 Uhue HI 96766 NETWORK DISTRIBUTOR Wheeling IL 60090 20 1,200,000 Wausau WI 54401 Normal IL 61761 Springfield IL 62703 DesPlaines IL 60016 Quincy IL 62305 Rockford IL 61102 Minneapolis MN 55414 Appleton WI 54913 Madison WI 53716 Milwaukee WI 53224 Houston TX 77036 St. Louis MO 63146 Springfield MO 65802 Evansville IN 47711 Plainfield IN 46168 Lenexa KS 66215 Louisville KY 140213 Tulsa OK 74107 West Des Moines IA 50265 NETWORK DISTRIBUTOR Cleveland OH 44105 9 Fort Wayne IN 46808 Indianapolis IN 46241 Louisville KY 40228 Ann Arbor MI 48104 Detroit MI 48216 Livonia MI 48150 Southfield MI 48033 Sterling Heights MI 48312 Akron OH 44301 Cincinnati OH 45246 Cincinnati OH 45204 Cincinnati OH 45203 Cleveland OH 44109 Columbus OH 43228 Columbus OH 43228 Dayton OH 45404 Greenwich CT 06830 NETWORK DISTRIBUTOR New Braunfels TX 78130 10 450,000 San Antonio TX 78210 Houston TX 77041 Grand Prairie TX 76011 Ponchatoula LA 70454 Baton Rouge LA 70809 Rancho Cucamonga CA 91730 Minden LA 71055 Tyler TX 75702 Lake Charles LA 70601 La Grange IL 60526 NETWORK DISTRIBUTOR New Berlin WI 53151 2 113,000 Madison WI 53703 Wausau WI 54401 NETWORK DISTRIBUTOR Omaha NE 68130 2 45,000 Urbandale IA 50322 NETWORK DISTRIBUTOR Rancho Dominguez CA 90220 6 200,000 Henderson NV 89011 West Valley City UT 84119 Phoenix AZ 85043 Commerce City CO 80022 Kent WA 98031 NETWORK DISTRIBUTOR Norton Shares MI 49456 7 275,000 Grand Rapids MI 49512 Holland MI 49423 Rochester Hills MI 48309 Traverse City MI 49684 Bowling Green OH 43402 Northfield Center OH 44067 Indianapolis IN 46241 Decatur IL 62526 Wiliowick OH 44095 NETWORK DISTRIBUTOR lGlenview JIL 60025 21 400,000 Sturtevant WI 53177 NETWORK DISTRIBUTOR Dallas TX 75234 6 530,000 Longview TX 75604 Texarkana TX 75501 Austin TX 78754 Beaumont TX 77705 Lubbock TX 79404 ElPaso TX 79906 Houston TX 77041 Waco TX 76701 NETWORK DISTRIBUTOR Redlands CA 92374 5 272,000 Union City CA 94587 San Diego CA 92154 Las Vegas NV 89115 Kent WA 98032 NETWORK DISTRIBUTOR Bronx NY 10454 1 240,000 NETWORK DISTRIBUTOR Warrendale PA 15086 1 125,000 NETWORK DISTRIBUTOR Clarksville IN 47129 1 30,000 NETWORK DISTRIBUTOR Philadelphia PA 19114 3 300,000 Annapolis MD 21401 Rosedale MD 21237 NETWORK DISTRIBUTOR Scranton PA 18411 1 225,000 NETWORK DISTRIBUTOR Cincinnati OH 45214 3 200,000 Portsmouth OH 45662 Charleston WV 25302 NETWORK DISTRIBUTOR Grand Prairie TX 75050 7 800,000 Austel GA 30168 Austin TX 78758 Houston TX 77040 San Antonio TX 78219 Wichita Falls TX 76310 Middlesex NJ 08831 NETWORK DISTRIBUTOR Harrisburg PA 17110 2 89,000 New Brighton PA 15066 York PA 17403 Allentown PA 18109 NETWORK DISTRIBUTOR Clarksburg WV 26302 1 33,000 NETWORK DISTRIBUTOR Modesto CA 95358 1 22,400 NETWORK DISTRIBUTOR Lenexa KS 66219 5 220,000 Tolleson AZ 85353 Chesterfield MO 63005 Pendergrass GA Midlothian TX 76065 NETWORK DISTRIBUTOR Landover MD 20785 1 125,000 NETWORK DISTRIBUTOR La Crosse WI 54603 1 70,000 NETWORK DISTRIBUTOR Spartanburg Sc 29301 9 1,035,000 Jacksonville FL 32226 College Park GA 30337 Vidalia GA 30474 Browns Summit NC 27214 Conway 5C 29526 Lakeland IFL 33805 Pigeon Forge JTN 37863 Albany GA 31701 NETWORK DISTRIBUTOR Wichita KS 67219 2 120,000 Oklahoma City OK 73107 NETWORK DISTRIBUTOR Temecula CA 92562 6 360,000 Denver CO 80239 Dallas TX 75227 Fresno CA 93706 Stockton CA 85202 NETWORK DISTRIBUTOR Vaughan Ontario 1-41- 069 1 NETWORK DISTRIBUTOR Santa Fe Springs CA 90670 12 Phoenix AZ 85009 Union City CA 94587 Aurora CO i80011 Honolulu Hl 96817 Las Vegas NV 89118 Gresham OR 97230 West Valley City UT 84199 Kent WA 98032 Concord CA 94518 Sacramento CA 95814 Hayward CA 94544 Oakland CA 94512 Santa Clara CA 95054 San Jose CA 95122 Palo Alto CA 94303 San Carlos CA 94070 San Francisco CA 94103 Fresno CA 93726 Ventura CA 93003 Westlake Village CA 91361 Chatsworth CA 91311 North Hollywood CA 91605 Seattle WA 98134 Salt Lake City UT 84115 Portland OR 97230 North Phoenix AZ 85029 Phoenix AZ 85013 Tempe AZ 85281 Tuscon AZ 85705 Anaheim CA 92806 Burbank CA 91502 Cerritos CA 90703 Chula Vista CA 91910 Covina CA 91724 El Monte CA 91731 Escondido CA 92029 Gardena CA 90248 Hollywood CA 90038 San Diego CA 92111 Laguna Hills CA 92653 Los Angeles CA 90021 Palm Desert CA 92211 Pasadena CA 191IL05 Riverside CA 92507 San Bernadino CA 92408 San Diego CA 92110 Santa Ana CA 92704 Santa Fe Springs CA 90670 Santa Monica CA 90404 Signal Hill CA 90755 Tustin CA 92780 Upland CA 91786 City of Industry CA 91789 NETWORK DISTRIBUTOR Fremont CA 94538 1 200,000 NETWORK DISTRIBUTOR Part Chester NY 20573 1 NETWORK DISTRIBUTOR Odessa TX 79764 3 75,000 Lubbock TX 79404 Wichita Falls TX 76306 NETWORK DISTRIBUTOR San Diego CA 92223 21 872,000 Anchorage AK 99517 Fairbanks AK 99701 Mesa AZ 85215 Tucson AZ 85719 El Centro CA 92243 Livermore CA 94550 Ontario CA 91764 Santa Ana CA 92704 Thousand Palms CA 92276 Aurora CO 80011 Colorado Springs CO 80915 Boise ID 83709 Idaho Falls ID 83401 Las Vegas NV 89119 Gresham OR 97230 Salt Lake City UT 84104 St. George UT 84790 Kent WA 98032 Spokane WA 99216 West Sacramento CA 95691 Santa Rosa CA 95403 San Jose CA 95112 NETWORK DISTRIBUTOR Kent WA 98032 13 900,000 Anchorage AK 99501 Redding CA 96003 Sacramento CA 95811 Boise ID 83705 Idaho Falls ID 83402 Missoula MT 59801 Eugene OR 97402 Medford OR 97504 Portland OR 97230 Redmond OR 97756 Kennewick WA 99336 Spokane Valley WA 99216 Burlington WA 98233 NETWORK DISTRIBUTOR Denver CO 80239 i 41 225,000 Phoenix AZ 85043 Albuquerque NM 87121 Grand Junction CO 81501 NETWORK DISTRIBUTOR Victoriaville Quebec G6P 7E3 17 350,000 Brossard Quebec J4Y 2P3 Gatineau Quebec J8Z 1S9 Quebec Quebec GIN 3Y1 Sault Ste -Marie Ontario P6A 1M7 Sudbury Ontario P3B 2ES Winnipeg Manitoba R2X 2Z7 Calgary Alberta TH 7A3 Edmonton Alberta TSS 2W7 Castlegar British Columbia VIN 2A8 Coquitlam British Columbia V3K 6T1 Vancouver British Columbia V5L2G1 Mississauga Ontario L5T 2VS Dartmouth Nova Scotia 83B 1C9 Mt. Pearl Newfoundland A1N 4SP Paradise Newfoundland AIL IN3 Regina Saskatchewan S4T OX7 Etobicoke Ontario M9W 5A5 • U.S. Green Buildinq Councilmember • i' Accredited Professional Close• •supplier • t 'r iinitiatives ACTIONS • Local fleets with dynamic routing to reduce carbon emissions • Local sourcing • Local recycling and energy conservation programs • E-business transactions • Use of Energytor appliances ADVOCACY • Promote workplace wellness • Promote source and labor reduction • Promote environmentally preferred products Promote• sustainable , processes networke CHOOSE THE OPTIONS ETR;. M *ffers a proactive approach• sustainable «• management « tailored to your unique needs. PROGRAMS Under the NetGreen program, NETWORK collaborates with you to build a comprehensive assessment of your current sustainability activities and goals. ii'�� From there, NETWORK aligns your team with the processes, products, suppliers NetC3reen and monitoring tools you need to achieve your goals. PROCESSES -------------------------------------------------------------------- Based on more than 40 years of experience, NETWORK provides coaching and best practices that deliver superior results. We engage your staff with training and process improvements that emphasize: • Green cleaning • labor effectiveness • Workplace wellness • Source reduction • Worker safety Developing• Water and paper conservation • « recycling efforts Indoor• air quality enhancements • Carbon emissions reduction • Stewardship .improvement PRODUCTS ------------------------------------------------------ Not only does NETWORK match the best products from the world°s leading suppliers to your specific sustainability needs, but we also provide the product training necessary to ensure your long term success. iustainability organizations: • Green Seal • Ecologolm • EPA Design for the Environment (DfE) • EPA comprehensive procurement guidelines for post -consumer recycled content • Carpet & Rug Institute (CRI) Forest Stewardship Council (FSC) artvrV00Ico e4 V el ev cv rw ift N1 c+ c um. im a E " a 1 aO rW. 00 ey G 1° E ' I w M c Pq P c 0 Sr- E = V E V.6 yI MID I,-d 0 E v 0 8 E a> E 0 0 U) •U >, CD 0 .0 -a CD CD > co 0 E • o ao8ETE E 0-0 0 > �v ® III a III ® III HIM U) 10 0) ICU 6w 0 = 0• �- .2 2 CCU tm E o (D Ca • ME -D A2 cu M 2 r—ce (D .... . . ..... . ................ . ... L) M . ..... .... .. . .. . .... WAXIEe7 S A N I T A R Y S U P P L Y The Most Trusted Name In Clean. Since 1945. WAXIE Environmentally Preferable Purchasing Policy Sustainability has emerged as a global theme of the 21 st century — it is a concept that balances the interconnectedness of the environment, the economy and our quality of life, and that recognizes the importance of our stewardship over each. Commitment to Sustainability WAXIE Sanitary Supply is committed to being a leader to promote responsible business practices that support sustainable communities which are secure, economically prosperous, environmentally responsible and healthy places in which to live and work. WAXIE shares the goal of establishing partnerships to advance education, communication, business best practices, policies, research, technologies and programs to support a more sustainable region for all generations. WAXIE is committed to adopting more sustainable business practices for the company, and to partnering with its stakeholders to identify and implement the most effective facility maintenance solutions to protect and enhance the triple bottom line of human health, environmental stewardship, and economic prosperity. The goal of WAXIE's Environmentally Preferable Purchasing Policy is to ensure that products and services purchased or contracted for by the company will conform with the goals of WAXIE's Commitment to Sustainability and Corporate Mission and Vision Statements. We will strive, where possible, to purchase environmentally preferable products and services that will help the company meet its needs of the present without compromising its needs of the future. Where possible, purchasing decisions shall favor: • Products that reduce waste • Reusable products • Products that are recyclable or compostable • Products that contain the highest possible percentage of postconsumer recycled content • Products that reduce the use of chemicals that are hazardous to the environment and employee and public health • Products that reduce air and water pollution • Products that reduce greenhouse gas emissions or are made with renewable energy • Products that serve several functions and reduce the overall number of products purchased • Suppliers who strive to improve their environmental performance and provide environmentally preferable products, and who can document the supply -chain impacts of their efforts Environmentally preferable products and services which are determined to be comparable to their "traditional" counterparts in quality and price shall receive purchasing preference. In Corporate Headquarters at One Waxie way • 9353 Waxie Way • P.O. Box 23506 • San Diego, CA 92193-3506 (800) 544-8054 • (858) 292-8111 • FAX (858) 279-6311 • www.waxle.com situations where a more environmentally preferable product or service is unavailable or impractical, secondary considerations shall include the environmental management practices of suppliers and producers, as well as the relative proximity of the manufacturing facility to WAXIE's Inventory Centers. The purchase of environmentally preferable products is part of our long-term commitment to sustainability. By communicating this commitment to our vendor and customer partners, we hope to support wider adoption of environmentally preferable products and practices. WAXIE's Environmentally Preferable Purchasing Policy is rooted in the company's overall mission and vision statement. Corporate Mission Statement It is the mission of WAXIE Sanitary Supply to be the industry leader in the distribution of quality sanitary and related supplies and equipment to the commercial, industrial, contractor and institutional markets in the areas we serve. We will strive to provide quality and innovative products, value-added services, and systems that contribute toward a better community through effective communication, education and training for our valued customers and employees. Corporate Vision Statement We have a sound set of values on which we base all of our policies and actions. The most important factors in our success are faith in and obedience to these values. In order to meet the challenge of our changing world, we must be prepared to change everything about ourselves — except these values — as we move forward. The basic vision, spirit and drive of our organization has far more to do with our achievements than do such factors as economic trends, organizational structure and timing. These are obviously important, but they will be transcended by how strongly we believe in our basic values and how faithfully we live by them. Our Values * Respect — To respect the dignity and rights of every customer, employee and vendor. * Customer Service — To provide extraordinary service to our customers at all times. * Excellence — The conviction that WAXIE as an organization should pursue all tasks with the objective of accomplishing them in a timely and superior way. * Growth and Possibilities — A willingness to create the future. " Customers — Serving the customer is the focus of everything we do. Our commitment is to develop and maintain mutually beneficial partnerships with our customers. We will treat our customers with respect and integrity and can be counted on to keep our word. We listen to our customers. We create solutions through communication, training and education, and by providing innovative systems, quality products and value-added services. * People -- The people at WAXIE are our most valuable resource. Our commitment is to support their personal growth and development, recognize and reward their contributions, promote their role in serving the customer, and provide a safe work environment in a culture that supports one hundred percent participation and teamwork. Our success is measured by the success of our people. Corporate Headquarters at One Waxie Way • 9353 Waxie Way • P.O. Box 23506 • San Diego, CA 92193-3506 (800) 544-8054 • (858) 292-8111 • FAX (858) 279-6311 • www.waxie.com 1 1 6 1! I" 'I #, MMII TOWN ITUORROM111 WAXIE operates fully staffed service centers with factory trained technicians that realize keeping equipment in peak condition is necessary for efficient operations. WAXIE Service Centers perform in-house and on -site equipment repair via mobile service vehicles available for both on -site repair and scheduled maintenance. To prevent productivity loss, which can lead to higher overall cost and lower building appearance, WAXIE Service Centers offer Scheduled Maintenance Programs. These programs are aimed at keeping the contract user's equipment operating without interruption. WAXIE employs Equipment Specialists that are available for on -site consultations for any customer. In addition to field diagnosis and trouble -shooting, Equipment Specialists provide initial training for new equipment purchases, as well as equipment maintenance seminars. MMINVAN111111111011M WSPECT&TES IE. Gauges, Hour Meter, DrWeTrafin, Pad DrWews FiRES1WHEELS XURIPAIM Wwwaximorn (800) 995-4466 0 2016 WAXIE Sanitary Supply For repair or a Scheduled Maintenance Program call WAXIE at (800) 995-4466 Scheduled Maintenance Programs are available to customers who rely on labor savings generated by having cleaning equipment in proper working condition. Scope of Work: The goal of Scheduled Maintenance Programs is to eliminate down time and prevent costly repairs from occurring. During each scheduled service, WAXIE conducts a thorough inspection on each piece of equipment, detailed on a form to be provided to the end -user. All W WAXIE's Equipment Rental Program offers immediate replamment of quality brand ruachines 111MORMIN M11 11161 11191111'41'�119,1] !i A, i M, " , L, UNUMM LUBRICATION • Trans -axle • Caster Wheels • Drive Chain • Pivot Joints • Squeegee Mountings • Check Motor Oil INSPECT/TEST • Dash GaugesAndicators • Hour Meter • Drive System • Solution Valve • Brush • Squeegee Assembly • Pad Pressure • Pad Drivers • Pad Holders FILTER CHECK • Vacuum Screen • Vacuum Filter • Solution Screen • Air Filter • Oil Filter GASKET/HOSE CHECK • Vacuum Hose • Recovery Drain Hose • Solution Drain Hose • Recovery Tank Gasket Lid • Drain Hose Gasket ELECTRICAL TEST • Brush Motor • Drive Motor • Brush Actuator • Vacuum Motor BATTERIES • Voltage Readings • Battery Condition • Post(Gable Condition • Caps EXTERIOR • Solution Tank • Recovery Tank • Front Cover • Brush Cover • Overall Condition shojp.waxie.com (800) 995-4466 0 2016 WAXIE Sanitary Supply For repair or a Scheduled Maintenance Program call WAXIE at (800) 995-4466 FLEXIBILITY & OPTIONS Need Parts? We Have the Parts You Need. * Hundreds of parts in stock * is access to the parts you need * 3-5 day turnaround for non -stocked parts * Next day shipping available for emergencies Equipment Rental * Immediate replacement • Broad range selection • Quality brand machines W=Ei_ZN9(" SANITARY SUPPLY WAXIIE AT YOUR SERVICE Service & Repair Options • Custom fit Scheduled Maintenance Programs • Authorized warranty service centers • Factory trained service technicians WAXIE Repair Services • Next day service for unscheduled requests • Authorized Service Center & on -site repairs Having an Emergency? • Technicians available to get you up and running • WAXIE Maintenance Services FAIRBANKS AWOPAGE SEAME SPOKANE PORTLAND WAVE has 20 Inventory Centers strategically located in nine Western states with 9 Service Centers offering Scheduled NORTHERN Maintenance Prograffis CALIFORNIA BOISE IDAW FALLS SALT LAIE CITY Daim COLORADO ST. GEORGE SPRINGS LAS MESAS ONIARIG MESA SANTAANA PALMSPRINGS SAN DIEGO EL CEWMO TUCSON The Most Trusted Name In Clean. Since 1945. 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IA § 4 4 . 8 a A 8 R � R g C; 46 ci a a 0 O 0. 0- 0. 0- a- 0- a- 0- 10 , . 4 w...r,— �+,00r�vm��Mu�m�w„��muwun��mouuou�m��ma,�aa�u�;��mmm��nmmi�m�r�wi���arr�e�ea�auwiw�w��w+,.w�a,��iawv,�uw.�w.���r,ur�m I I i I 4. RFP#202329 CITY OF TUCSON REQUEST FOR PROPOSAL REQUEST FOR PROPOSAL NUMBER: PROPOSAL DUE DATE: PROPOSAL SUBMITTAL LOCATION: MATERIAL OR SERVICE: PRE -PROPOSAL CONFERENCE DATE: 11111l,M 202329 DECEMBER 6, 2019, AT 2:00 P.M. LOCAL AZ TIME Department of Procurement 255 W. Alameda, 6th Floor, Tucson, AZ 85701 JANITORIAL AND SANITATION SUPPLIES, EQUIPMENT, AND RELATED SERVICES NOVEMBER 13, 2019 10:00 AM Local Arizona Time LOCATION: Room 113B, Building 1, Thomas O. Price Service Center, 4004 S Park Ave, Tucson, AZ 85726 Conference Bridge #: (832) 856-4663 Conference ID: 375588985 CONTRACT OFFICER: TELEPHONE NUMBER: ANDREW KLOS, MBA (520) 837-6685 Andrew. Klos@tucsonaz.gov A copy of this solicitation and possible future amendments may be obtained from our Internet site at: http://www.tucsonprocurement.com/ by selecting the Bid Opportunities link and the associated solicitation number. The City does not mail out Notices of available solicitations via the U.S. Postal Service. Email notifications are sent to those interested offerors who are registered with us and who have selected email as their preferred delivery method. To register, please visit www.tucson�arocurement.com, click on Vendors, then click on Vendor Registration. To update an existing record, click on Vendors, click on What's New?, and read the section titled "Notice of Solicitations." You may also call (520) 791-4217 if you have questions. Competitive sealed proposals for the specified material or service shall be received by the Department of Procurement, 255 W. Alameda, 6th Floor, Tucson, Arizona 85701, until the date and time cited. Proposals must be in the actual possession of the Department of Procurement at the location indicated, on or prior to the exact date and time indicated above. Late proposals shall not be considered. The prevailing clock shall be the City Department of Procurement clock. Proposals must be submitted in a sealed envelope. The Request for Proposal number and the offeror's name and address should be clearly indicated on the outside of the envelope. All proposals must be completed in ink or typewritten. Questions must be addressed to the Contract Officer listed above. ****ALERT**** All visitors to City Hall are now required to show picture identification when going through the security checkpoint in the main lobby. Visitors should plan accordingly. ak PUBLISH DATE: OCTOBER 28, 2019 Revised 1/2018 CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO. 202329 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PAGE 2 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 The City of Tucson (the "City") is requesting proposals from qualified and experienced firms to provide JANITORIAL AND SANITATION SUPPLIES. The City of Tucson requires a Contractor who provides a diverse and extensive supply of janitorial and sanitation supplies for delivery to various City locations in the Tucson metropolitan area and Participating Public Agencies, as well as a representative(s) to provide onsite product and service consultations, demonstrations, job/task cleaning direction and training. The City seeks a Contractor that can provide a broad supply of products and services to ensure the support of daily maintenance operations. The Contractor will have a sophisticated infrastructure including strategically located, nationwide distribution centers and employ professional sales representatives to provide effective, timely service to the City of Tucson and to Participating Public Agencies. Requirements and qualifications are defined in detail in the Scope of Services Section of this Request for Proposal (RFP). NATIONAL CONTRACT The City of Tucson as the Principal Procurement Agency, defined in Attachment A, 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. The City of Tucson 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 C, or as otherwise agreed to. Attachment A 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. OMNIA Partners provides shared services and supply chain optimization to government, education and the private sector. With corporate, pricing and sales commitments from the Offerors OMNIA Partners provides marketing and administrative support for the Contractor that directly promotes the Contractor'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 Contractor benefits from a contract that generally allows Participating Public Agencies to directly purchase goods and services without the Contractor's need to respond to additional competitive CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO. 202329 PAGE 3 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 solicitations. As such, the Contractor must be able to accommodate a nationwide demand for services and to fulfill obligations as a nationwide Contractor and respond to the OMNIA Partners documents (Attachment A). The City of Tucson anticipates spending approximately $2 million over the full potential Master Agreement term for Janitorial and Sanitation Supplies, Equipment and Related Services. While no minimum volume is guaranteed to the Contractor, the estimated annual volume of Janitorial and Sanitation Supplies, Equipment and Related Services purchased under the Master Agreement through OMNIA Partners is approximately $110 million annual aggregate volume. This projection is based on the current annual volumes among the City of Tucson, 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 Supplier and OMNIA Partners. SCOPE OF WORK A. GENERAL REQUIREMENTS 1. QUALIFIED FIRMS: Offerors should meet the following minimum qualifications: a. Have a strong national presence in the janitorial and sanitation supply industry. b. Have a distribution model capable of delivering products nationwide. c. Have a demonstrated sales presence. d. Have the ability to meet the minimum requirements of the cooperative purchasing program detailed herein. e. Have a full range of products, supplies, and services to meet the demands of the City and Participating Public Agencies. 2. DEFECTIVE PRODUCT: All defective products shall be replaced and exchanged by the Contractor. The cost of transportation, unpacking, inspection, re -packing, re -shipping or other like expenses shall be paid by the Contractor. All replacement products must be received by the City within seven (7) days of initial notification. 3. EQUIPMENT AND PRODUCT RECALL NOTICES: In the event of any recall notice, technical service bulletin, or other important notification affecting equipment or product purchased from this Contract, a notice shall be sent to the Contract Representative. It shall be the responsibility of the Contractors to assure that all recall notices are sent directly to the agencies Contract Representative. 4. WAREHOUSING, DISTRIBUTION AND SALES FACILITIES: The product specified in this solicitation is dependent upon an extensive manufacturer -to -customer supply chain distribution system. In order to be considered for award, each potential contractor is required to provide proof of an extensive distribution system. 5. DELIVERY: For City of Tucson purchases, janitorial and sanitation supplies shall be delivered to various City of Tucson locations. All deliveries shall be made Monday through Friday from 8:00 a.m. to 3:00 p.m., Arizona Standard Time, for warehouse locations and as agreed to for other non -warehouse locations. 6. CATALOGS: Within 10 days after Contract award and after request from City staff, Contractor must submit complete price lists and catalogs of their product line in hard copy and on CD. Upon request from a Participating Public Agency, Contractor shall provide, at no cost, these catalogs and price lists. Contractor shall also provide two accessible public CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO. 202329 PAGE 4 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 websites, one for the City of Tucson and one for OMNIA Partners, which contain an interactive web catalog, price list and ordering system. B. PRODUCT REQUIREMENTS: 1. PRODUCTS: A complete and comprehensive line of quality made janitorial and sanitation supplies to support the daily maintenance and operation functions of the agency. The categories include but are not limited to the following; a. Dilution Control - Dilution control chemicals and delivery systems ranging from hand- held to wall- mounted systems. b. Green Products — Products and supplies that meet industry recognized certified green standards from independent third -party certifications like ecovadis, EcoLogo and Green Seal. c. Industrial Paper and Dispensers— Includes sanitary paper towels, toilet tissue, wipers, and proprietary and universal product dispensers. d. Private Label — Private branded products, supplies and equipment. e. Hard Floor Care — Products and supplies to care for flooring including wood, stone, concrete and resilient flooring. Products include cleaners, strippers, finishes, sealers, restorers, sweeps, absorbents, mats, pads, doodlebugs, bonnets, brooms, brushes, handles, buckets, wringers, dust pans, mops and squeegees. f. Carpet Care — Products and supplies such as pre -sprays, shampoo, spotters, cleaners, post treatments for carpet and upholstery. g. Restroom Care — Products and supplies including cleaners, brushes, deodorants, proprietary and universal dispensers, sanitizers, disinfectants, skin care and feminine products. h. Waste Receptacles, Compactors and Liners — Products and supplies for the collection and disposal of waste. Machines and Accessories — Janitorial equipment such as auto scrubbers, floor machines, burnishers, extractors, vacuums, dryers, sweepers, steam cleaners and associated supplies and accessories. j. Institutional and Industrial Laundry and Kitchen — Products and supplies specific to laundry and kitchen care, including disposable food service items. k. Industrial Tools & Supplies — Tools, supplies and accessories to support cleaning activities including janitor carts, dusters, window cleaners, brushes, spray bottles, squeegees and gloves. I. Packaging and Shipping — Products and supplies specific to packing and shipping requirements including boxes, bubble wrap, tape, labels, etc. m. Break Room and Food Disposable Supplies — Including cups, plates, eating utensils, coffee supplies, etc. CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO. 202329 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PAGE 5 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 n. Balance of line/Other Categories — Each offeror awarded an item under this solicitation may offer their complete product and service offering/a balance of line for janitorial and sanitation supplies and related material. Pricing for complete product offering/balance of line items will be determined by a percentage discount off the offeror's retail price list. The pricing percentage discount offered must be entered on the Price Page in the Complete Product Offering/Balance of Line section/in the offeror's response to the Price Proposal section of the Proposal Evaluation Requirements. The City reserves the right to accept or reject any or all balance of line items offered. A successful offeror will not be awarded complete product offering/balance of line items that are awarded as an item to another vendor as part of this solicitation. 2. CURRENT PRODUCTS: All products being offered in response to this solicitation shall be in current and ongoing production; shall be formally announced for general marketing purposes; shall be a model or type currently functioning in a user (paying customer) environment and capable of meeting or exceeding all specifications and requirements set forth in this solicitation. 3. PRICING: Offerors are to provide a discount from a verifiable price index, provide a reduced net pricing schedule, a wholesale plus negotiated fixed margin, a hybrid or other supplier specific pricing. Contractor must fully describe and disclose details of proposed pricing method including audit verification method. Prices/discounts shall remain firm and will include all charges that may be incurred in fulfilling requirement(s) for the twelve-month period following contract award. Where applicable, pricing shall be determined by applying Offerors discounts to the prices listed on their manufacturer's price lists, retail price sheets, catalogs or by utilizing the reduced net pricing schedule. Special Offers/Promotions: In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, Contractor may conduct sales promotions involving price reductions for a specified lesser period. Contractor may offer Participating Public Agencies competitive pricing which is lower than the not -to -exceed price set forth herein at any time during the Contract term and such lower pricing shall not be applied as a global price reduction under the Contract. Provide details of and propose additional discounts for volume orders, special manufacturer's offers, minimum order quantity, free goods program, total annual spend, etc. C. SERVICE REQUIREMENTS: 1. SERVICES: The City is interested in evaluating the following categories of value -add services for inclusion in this Contract. The categories include but are not limited to the following. a. Small Business Program: The ability to incorporate small business enterprises into your distribution, sales, services and product offerings. The program should focus on increasing opportunities for small local businesses for the City of Tucson as well as for any other agency using this contract. At a minimum, it should establish how business will be directed to small local businesses, establish any unique product or service offerings and develop small businesses as second -tier suppliers. b. Consulting Services: Examples include inventory solutions, emergency preparedness programs, sustainability program, eCommerce and safety services. CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO. 202329 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PAGE 6 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 c. Training & Education: The ability to provide on -site and/or online training and educational programs/seminars as well as providing technical product knowledge and support. d. Software Punch Out: The capability of your electronic ordering system to interface with an agency's inventory software system. e. Green/Sustainability Program: i. Policies: Efforts and policies pertaining to green and sustainability. ii. Products: Impact on product offerings. iii. Distribution: Impact on distribution process. iv. Certifications: The industry recognized certifications and standards obtained and those represented through its catalog of products. f. Repair Services: The ability to provide repair services of janitorial equipment through authorized manufacturer's facilities or other avenues. g. Customer Support Services: The policies on replacements, returns, restocking charges, after hours service, after sales support, out of stock, order tracing, technical feedback, quality assurance for orders and drop shipments. h. Sourcing: Capability of sourcing products i. from non -catalog suppliers and ii. from line card extensions of catalog suppliers. i. Other Services/Programs: Other value -add services not included in above categories, such as installation of chemical and paper product dispensing units. CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO. 202329 PAGE 7 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 INSTRUCTIONS TO OFFERORS DEFINITION OF KEYWORDS USED IN THE SOLICITATION: For purposes of this solicitation and subsequent contract, the following definitions shall apply: City: The City of Tucson, Arizona Contract: The legal agreement executed between the City and the Contractor/Consultant. The Contract shall include this RFP document incorporated herein by reference, all terms, conditions, specifications, scope of work, Amendments, the Contractor's offer and negotiated items as accepted by the City. Contractor/Consultant: The individual, partnership, or corporation who, as a result of the competitive solicitation process, is awarded a contract by the City. Contract Representative: The City employee or employees who have specifically been designated to act as a contact person or persons to the Contractor, and is responsible for monitoring and overseeing the Contractor's performance under this Contract. Director of Procurement: The contracting authority for the City, authorized to sign contracts and amendments thereto on behalf of the City. May: Indicates something that is not mandatory but permissible. Offeror: The individual, partnership, or corporation who submits a proposal in response to a solicitation. Shall, Will, Must: Indicates a mandatory requirement. Failure to meet these mandatory requirements, if they constitute a substantive requirement, may, at the City's sole discretion, result in the rejection of a proposal as non -responsive. Should: Indicates something that is recommended but not mandatory. If the Offeror fails to provide recommended information, the City may, at its sole option, ask the Offeror to provide the information or evaluate the proposal without the information. 2. PRE -PROPOSAL CONFERENCE: If scheduled, the date and time of a Pre -Proposal conference is indicated on the cover page of this document. Attendance at this conference is not mandatory. Written minutes and/or notes will not be available, therefore attendance is encouraged. If an Offeror is unable to attend the Pre - Proposal Conference questions may be submitted in writing. Offerors are encouraged to submit written questions, via electronic mail at least nine days prior to the Request for Proposal due date to the Contract Officer listed above. The purpose of this conference will be to clarify the contents of this Request for Proposal in order to prevent any misunderstanding of the City's position. Any doubt as to the requirements of this Request for Proposal or any apparent omission or discrepancy should be presented to the City at this conference. The City will then determine the appropriate action necessary, if any, and may issue a written amendment to the Request for Proposal. Oral statements or instructions will not constitute an amendment to this Request for Proposal. 3. INQUIRIES: Any question related to the Request for Proposal shall be directed to the Contract Officer whose name appears above. An offeror shall not contact or ask questions of the department for whom the requirement is being procured. The Contract Officer may require any and all questions be submitted in writing. Offerors are encouraged to submit written questions via electronic mail at least nine days prior to the proposal due date. Any correspondence related to a solicitation should refer to the appropriate Request for Proposal number, page and paragraph number. An envelope containing questions should be identified as such, otherwise it may not be opened until after the official proposal due date and time. Oral interpretations or clarifications will be without legal effect. Only questions answered by a formal written amendment to the Request for Proposal will be binding. 4. AMENDMENT OF REQUEST FOR PROPOSAL: The Offeror shall acknowledge receipt of a Request for Proposal Amendment by signing and returning the document by the specified due date and time. 5. FAMILIARIZATION OF SCOPE OF WORK: Before submitting a proposal, each offeror shall familiarize itself with the Scope of Work, laws, regulations and other factors affecting contract performance. The Offeror shall be responsible for fully understanding the requirements of the subsequent Contract and otherwise satisfy itself as to the expense and difficulties accompanying the fulfillment of contract requirements. The submission of a proposal will constitute a representation of compliance by the Offeror. There will be no subsequent financial adjustment, other than that provided by the subsequent Contract, for lack of such familiarization. 6. PREPARATION OF PROPOSAL: A. All proposals shall be on the forms provided in this Request for Proposal package. It is permissible to copy these forms as required. Facsimiles or electronic mail proposals shall not be considered. B. At a minimum, your proposal should include the signed Offer and Acceptance form, signed copies of any solicitation amendments, completed Price Page and your response to all evaluation criteria. CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO. 202329 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PAGE 8 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 C. The Offer and Acceptance page shall be signed by a person authorized to submit an offer. An authorized signature on the Offer and Acceptance page, Proposal Amendment(s), or cover letter accompanying the proposal documents shall constitute an irrevocable offer to sell the good and/or service specified herein. Offeror shall submit any additional requested documentation, signifying intent to be bound by the terms of the agreement. D. The authorized person signing the proposal shall initial erasure, interlineations or other modifications on the proposal. E. In case of error in the extension of prices in the proposal, unit price shall govern when applicable. F. Periods of time, stated as a number of days, shall be in calendar days. G. It is the responsibility of all offerors to examine the entire Request for Proposal package and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting a proposal. Negligence in preparing a proposal confers no right of withdrawal after due date and time. H. The City shall not reimburse the cost of developing, presenting, submitting or providing any response to this solicitation. I. Offeror must list any subcontractors to be utilized in the performance of the services specified herein. For each subcontractor, details on respective qualifications must be included. PAYMENT DISCOUNTS: Payment discount periods shall be computed from the date of receipt of the material/service or correct invoice, whichever is later, to the date City's payment warrant is mailed. Unless freight and other charges are itemized, any discount provided shall be taken on full amount of invoice. Payment discounts of twenty-one calendar days or more shall be deducted from the proposed price in determining the price points. However, the City shall be entitled to take advantage of any payment discount offered by a vendor provided payment is made within the discount period. The payment discount shall apply to all purchases and to all payment methods. 8. TAXES: The City of Tucson is exempt from federal excise tax, including the federal transportation tax. 9. PROPOSAL/SUBMITTAL FORMAT: An original and 4 copies (5 total) of each proposal should be submitted on the forms and in the format specified in the RFP. Offerors shall also submit two (2) electronic copy of the proposal on jump drive in MS Office 2010 or .pdf format. Any confidential information shall be submitted on a separate jump drive. The original copy of the proposal should be clearly labeled "Original" and shall be single -sided, three hole punched and in a binder. The material should be in sequence and related to the RFP. The sections of the submittal should be tabbed, clearly identifiable and should include a minimum of the following sections: the completed Offer and Acceptance Form, all signed Amendments, a copy of this RFP document and the Offeror's response to the Evaluation Criteria including the completed Price Page. Failure to include the requested information may have a negative impact on the evaluation of the offeror's proposal. 10. EXCEPTIONS TO CONTRACT PROVISIONS: A response to any Request for Proposal is an offer to contract with the City based upon the contract provisions contained in the City's Request for Proposal, including but not limited to, the specifications, scope of work and any terms and conditions. Offerors who wish to propose modifications to the contract provisions must clearly identify the proposed deviations and any proposed substitute language. The provisions of the Request for Proposal cannot be modified without the express written approval of the Director or his designee. If a proposal or offer is returned with modifications to the contract provisions that are not expressly approved in writing by the Director or his designee, the contract provisions contained in the City's Request for Proposal shall prevail. 11. PUBLIC RECORD: All proposals submitted in response to this Request for Proposal shall become the property of the City and shall become a matter of public record available for review subsequent to the award notification. 12. CONFIDENTIAL INFORMATION: The City of Tucson is obligated to abide by all public information laws. If an Offeror believes that any portion of a proposal, offer, specification, protest or correspondence contains information that should be withheld, a statement advising the Contract Officer of this fact should accompany the submission and the information shall be so identified wherever it appears. The City shall review all requests for confidentiality and may provide a written determination to designate specified documents confidential or the request may be denied. Price is not confidential and will not be withheld. If the confidential request is denied, such information shall be disclosed as public information, unless the offeror submits a formal written objection. CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO. 202329 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PAGE 9 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 13. CERTIFICATION: By signature on the Offer and Acceptance page, solicitation Amendment(s), or cover letter accompanying the submittal documents, Offeror certifies: A. The submission of the offer did not involve collusion or other anti -competitive practices. B. The Offeror shall not discriminate against any employee or applicant for employment in violation of Federal or State law. C. The 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, meal or service to a public servant in connection with the submitted offer. D. The Offeror hereby certifies that the individual signing the submittal is an authorized agent for the Offeror and has the authority to bind the Offeror to the Contract. 14. WHERE TO SUBMIT PROPOSALS: In order to be considered, the Offeror must complete and submit its proposal to the City of Tucson Department of Procurement at the location indicated, prior to or at the exact date and time indicated on the Notice of Request for Proposal page. The Offeror's proposal shall be submitted in a sealed envelope. The words "SEALED PROPOSAL" with the REQUEST FOR PROPOSAL TITLE, REQUEST FOR PROPOSAL NUMBER, PROPOSAL DUE DATE AND TIME and OFFEROR'S NAME AND ADDRESS shall be written on the envelope. Faxing proposals is not permitted. 15. LATE PROPOSALS: Late proposals will be rejected. 16. OFFER AND ACCEPTANCE PERIOD: In order to allow for an adequate evaluation, the City requires an offer in response to this solicitation to be valid and irrevocable for ninety (90) days after the proposal due date and time. 17. WITHDRAWAL OF PROPOSAL: At any time prior to the specified solicitation due date and time, an offeror may formally withdraw the proposal by a written letter or electronic mail from the Offeror or a designated representative. Telephonic or oral withdrawals shall not be considered. 18. DISCUSSIONS: The City reserves the right to conduct discussions with offerors for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the proposal in order to clarify an offer and assure full understanding of, and responsiveness to, solicitation requirements. 19. TAX OFFSET POLICY: If applicable, in evaluating price proposals, the City shall include the amount of applicable business privilege tax, except that the amount of the City of Tucson business privilege tax shall not be included in the evaluation. 20. CONTRACT NEGOTIATIONS: Exclusive or concurrent negotiations may be conducted with responsible offeror(s) for the purpose of altering or otherwise changing the conditions, terms and price of the proposed contract unless prohibited. Offerors shall be accorded fair and equal treatment in conducting negotiations and there shall be no disclosure of any information derived from proposals submitted by competing offerors. Exclusive or concurrent negotiations shall not constitute a contract award nor shall it confer any property rights to the successful offeror. In the event the City deems that negotiations are not progressing, the City may formally terminate these negotiations and may enter into subsequent concurrent or exclusive negotiations with the next most qualified firm(s). 21. VENDOR APPLICATION: Prior to the award of a Contract, the successful offeror shall register with the City's Department of Procurement. Registration can be completed at http://www.tucsonprocurement.com/ by clicking on Vendor Services. Please note that email notifications of newly published solicitations and amendments will be provided to those vendors that select email as their preferred delivery method in their vendor record. 22. CITY OF TUCSON BUSINESS LICENSE: It is the responsibility of the Contractor to have a City of Tucson Business License throughout the life of this contract or a written determination from the City's Business License Section that a license is not required. At any time during the contract, the City may request the Contractor to provide a valid copy of the business license or a written determination that a business license is not required. Application for a City Business License can be completed at http://www.tucsanaz.pov/etax. For questions contact the City's Business License Section at (520) 791-4566 or email at tax- license&tucsonaz.gov. 23. UPON NOTICE OF INTENT TO AWARD: The apparent successful offeror shall sign and file with the City, within five (5) days after Notice of Intent to Award, all documents necessary to the successful execution of the Contract. CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO. 202329 PAGE 10 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 24. AWARD OF CONTRACT: Notwithstanding any other provision of the Request for Proposal, the City reserves the right to: (1) waive any immaterial defect or informality; or (2) reject any or all proposals, or portions thereof; or (3) reissue the Request for Proposal. A response to this Request for Proposal is an offer to contract with the City based upon the terms, conditions and Scope of Work contained in the City's Request for Proposal. Proposals do not become contracts unless and until they are executed by the City's Director of Procurement and the City Attorney. A contract has its inception in the award, eliminating a formal signing of a separate contract. All of the terms and conditions of the contract are contained in the Request for Proposal, unless any of the terms and conditions are modified by a Request for Proposal amendment, a Contract Amendment, or by mutually agreed terms and conditions in the Contract documents. 25. PROPOSAL RESULTS: The name(s) of the successful offeror(s) will be posted on the Procurement Department's Internet site at http://www.tucsonprocurement.com/ upon issuance of a Notice of Intent to Award or upon final contract execution. 26. PROTESTS: A protest shall be in writing and shall be filed with the Director of Procurement. A protest of a Request for Proposal shall be received at the Department of Procurement not less than five (5) working days before the Request for Proposal due date. A protest of a proposed award or of an award shall be filed within ten (10) days after issuance of notification of award or issuance of a notice of intent to award, as applicable. A protest shall include: A. The name, address, and telephone number of the protestant; B. The signature of the protestant or its representative; C. Identification of the Request for Proposal or Contract number; D. A detailed statement of the legal and factual grounds of protest including copies of relevant documents; and E. The form of relief requested. CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO. 202329 PAGE 11 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 PROPOSAL EVALUATION CRITERIA — (listed in relative order of importance) A. Method of Approach B. Qualifications & Experience C. Price Proposal REQUIREMENTS SPECIFIC TO EVALUATION CRITERIA: The narrative portion and the materials presented in response to this Request for Proposal should be submitted in the same order as requested and must contain, at a minimum, the following: A. Method of Approach 1. Provide a response to the national program. Include a detailed response to Attachment A, 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 National IPA. The successful Offeror will be required to sign Attachment A, Exhibit B, OMNIA Partners Administration Agreement. The Agreement shall be signed no later than issuance of the City of Tucson's Notice of Intent to Award letter. Offerors should complete all reviews of the document prior to submitting a response. Offeror's response should include any proposed exceptions to the OMNIA Partners Administration Agreement. 2. General Requirements Provide a detailed written response illustrating how your offer will meet the General Requirements of this solicitation for the City of Tucson and the national program. Submit any and all information that will aid the City in evaluating your proposal. I Product Requirements a. Provide a detailed written response illustrating how the products offered will meet the Product Requirements of this solicitation for the City of Tucson and the national program. Offerors shall provide the proposed product lines. Offerors shall identify and describe their categories. For each proposed category, describe in detail and provide at a minimum the following types of information: i. Identification and description of product categories offered ii. Identification and description of sub categories iii. Identification and description of manufacturers within each sub category b. What is the total number of products offered in your catalog? Are all catalog products available to participating public agencies nationwide? c. How are "green" products identified in your catalog? How are they identified when ordering online? How many "green" products are in your catalog? d. How are "certified small business and other business classifications" products identified in your catalog? How are they identified when ordering online? How many "certified small business and other business classifications" products are in your catalog? e. Do you offer "Private Line" products? Provide details and describe. How does pricing compare to traditional and comparable brand name products? Provide examples. f. Submit any information that will aid the City in evaluating your proposal. 4. Service Requirements a. Provide a detailed written response illustrating how the services offered will meet the Service Requirements of this solicitation for the City of Tucson and the national program. Offerors shall provide the proposed services that meet requirements. For each CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO. 202329 PAGE 12 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 proposed category, describe and/or provide details explaining your capabilities. In your response include information such as: i. Policies and programs detailing your efforts in these areas. ii. Literature explaining your capabilities. b. Submit any information that will aid the City in evaluating your proposal. 5. Ordering and Invoices a. Describe your ordering capacity (telephone, fax, internet, etc). Provide details of the capabilities of your website including ability to display contract pricing, on-line ordering, order tracking, search options, order history, technical assistance, lists, technical data and documentation, identification of alternate green products, etc. b. Describe your invoicing process. Is electronic invoicing available? Is summary invoicing available? Are there other options on how an agency receives an invoice? Submit sample invoices. c. Describe how Offeror measures performance including identification, calculation, tracking and reporting of measurements. What is your stock fill percentage rate, by line item, of the orders filled without backorders? d. Describe how agencies choosing to pick up products will receive the correct Contract pricing. Indicate how volume will be tracked and reported to OMNIA Partners. 6. Other a. Describe any government rebate programs that are offered. b. Describe how Offeror will meet the monthly usage reporting criteria. Submit a sample report. c. Contractor shall provide and supply customized usage reports upon request from the City of Tucson or any Participating Public Agency. At a minimum, the reports shall include the item number, item description, manufacturer number, total quantity ordered, number of orders and total spend for the requested time period. At a minimum, the City of Tucson requires an annual report within 30 calendar days of each contract years end date. B. Qualifications & Experience 1. Complete OMNIA Partners Exhibit A, Section 3.0 2. Summarize your experience in providing product and services similar to that outlined in the Scope of Work. Provide a minimum of three references for which you have provided similar products and services. References from other public agencies, particularly municipal governments, are preferred. Please include company name, address, phone, email, and contact person. 3. Please submit any additional information that you feel is applicable to your qualifications and experience. 4. Describe the current distribution model capable of delivering products nationwide, including the number, size and location of your company's distribution facilities, warehouses and retail network, where applicable. Describe your coverage of the United States. C. Price Proposal 1. Provide price proposal as requested on the Price Page (See Attachment B). 2. Provide available payment terms. 3. As stated in the Instructions to Offerors, 7. Discounts, the price(s) herein can be discounted by %, if payment is made within days. These payment terms shall apply to all purchases and to all payment methods. 4. Will payment be accepted via commercial credit card? Yes No a. If yes, can commercial payment(s) be made online? Yes No b. Will a third party be processing the commercial credit card payment(s)? _Yes No c. If yes, indicate the flat fee per transaction $ (as allowable, per Section 4.9 of the MasterCard Transaction Processing Rules). CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO. 202329 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PAGE 13 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 d. If "no" to above, will consideration be given to accept the card? Yes No 5. Does your firm have a City of Tucson Business License? Yes No If yes, please provide a copy of your City of Tucson Business license. III. GENERAL A. Shortlist: The City reserves the right to shortlist the offerors on Method of Approach of the stated criteria. However, the City may determine that shortlisting is not necessary. B. Interviews: The City reserves the right to conduct interviews with some or all of the offerors at any point during the evaluation process. However, the City may determine that interviews are not necessary. In the event interviews are conducted, information provided during the interview process shall be taken into consideration when evaluating the stated criteria. The City shall not reimburse the offeror for the costs associated with the interview process. C. Additional Investigations: The City reserves the right to make such additional investigations as it deems necessary to establish the competence and financial stability of any offeror submitting a proposal. D. Prior Experience: Experiences with the City and entities that evaluation committee members represent and that are not specifically mentioned in the solicitation response may be taken into consideration when evaluating offers. E. Multiple Awards: To provide adequate contract coverage, at the City's sole discretion, multiple awards may be made. CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO. 202329 PAGE 14 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 SPECIAL TERMS AND CONDITIONS 1. COOPERATIVE PURCHASING: Any Contract resulting from this solicitation shall be for the use of the City of Tucson. In addition, public and nonprofit agencies that have entered into a Cooperative Purchasing Agreement with the City of Tucson's Department of Procurement or registered with OMNIA Partners are eligible to participate in any subsequent Contract. See_http://www.tucsonprocurement.com/cook partners.asQx and click on Cooperatives for a list of the public and nonprofit agencies that have currently entered into Cooperative Purchasing Agreements with the City of Tucson. Additionally, this contract is eligible for use by the Strategic Alliance for Volume Expenditures (SAVE) cooperative. See httr)://www.mesaaz.gov/home/showdocument?id=23633 for a listing of participating agencies. The parties agree that these lists are subject to change. Any orders placed to, or services required from, the successful Contractor(s) will be requested by each participating agency. Payment for purchases made under this Contract will be the sole responsibility of each Participating Public Agency. The Contractor may negotiate additional expenses incurred as a result of Participating Public Agencies' usage of this Contract (i.e., freight charges, travel related expenses, etc.). The City shall not be responsible for any disputes arising out of transactions made by others. The Contractor(s) will provide an electronic copy of the complete Contract to the City of Tucson Department of Procurement upon receipt of the Notice of Intent to Award. At the City's request, the successful Contractor(s) may also be requested to provide an electronic copy of the complete Contract to a participating agency. 2. INSURANCE: The Contractor agrees to: A. Obtain insurance coverage of the types and amount required in this section and keep such insurance coverage in force throughout the life of this contract. All policies will contain an endorsement providing that written notice be given to the City at least 30 days prior to termination or cancellation in coverage in any policy, and 10 days notice for cancellation due to non-payment in premium. B. The Commercial General Liability Insurance and Commercial Automobile Liability Insurance policies will include the City as an additional insured with respect to liability arising out of the performance of this contract. Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract. The insurance hereunder will be primary and that any insurance carried by the City will be excess and not contributing. C. Provide and maintain minimum insurance limits as applicable: COVERAGE LIMITS OF LIABILITY I. Commercial General Liability: Policy shall include Bodily Injury, Property Damage, Personal Injury and Broad Form Contractual Liability Each Occurrence $1,000,000 General Aggregate $2,000,000 Products & Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,000,000 Blanket Contractual Liability $1,000,000 CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO. 202329 PAGE 15 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 II. Commercial Automobile Liability Policy shall include Bodily Injury and Property Damage, for any owned, Hired, and/or Non -owned vehicles used in the operation, installation and maintenance of facilities under this agreement. Combined Single Limit $1,000,000 111. Workers' Compensation (applicable to the State of Arizona Per Occurrence Statutory Employer's Liability $1,000,000 Disease Each Employee $1,000,000 Disease Policy Limit $1,000,000 *`1 Sole Proprietor/Independent Contractor designation is given to those who desire to waive their rights for workers' compensation coverage and benefits as outlined in ARS§ 23-901 and specifically ARS § 23-961 (0). If applicable, please request the Sole Proprietor/Independent Contractor form from the Contract Officer listed in the solicitation. D. ADDITIONAL INSURANCE REQUIREMENTS: Policies shall be endorsed to include the following provisions: 1. A waiver of subrogation endorsement in favor of the City of Tucson, for losses arising from work performed by or on behalf of the Contractor (including Worker's Compensation). 2. The insurance afforded the contractor shall be primary insurance and that any insurance carried by the City of Tucson and its agents, officials or employees shall be excess and not contributory. 3. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of this Contract. E. NOTICE OF COVERAGE MODIFICATIONS: Any changes material to compliance with this contract in the insurance policies above shall require 10 days written notice from the Contractor to the City of Tucson. Such notice shall be sent directly to the Department of Procurement. F. ACCEPTABILITY OF INSURERS: Contractors insurance shall have an "A.M. Best" rating of not less than A:VII. The City of Tucson in no way warrants that the required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. G. VERIFICATION OF COVERAGE: Contractor shall furnish the City of Tucson with certificates of insurance (ACORD form or equivalent approved by the City of Tucson) as required by this Contract. The certificates for each insurance policy are to be signed by an authorized representative. All certificates and endorsements are to be received and approved by the City of Tucson before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work and remain in effect for the duration of the contract and two (2) years after completion. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal upon the City's request, is a material breach of contract. All certificates required by this Contract shall be sent directly to the Department of Procurement. CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO. 202329 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PAGE 16 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 The City of Tucson project/contract number and project description shall be noted on the certificate of insurance. The City of Tucson reserves the right to require complete copies of all insurance policies required by this Contract at any time. H. SUBCONTRACTORS: Contractors' certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the City of Tucson separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above. EXCEPTIONS: In the event the Contractor or sub-contractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self- Insurance. 3. TERM AND RENEWAL: The term of the Contract shall commence upon award and shall remain in effect for a period of two (2) years, unless terminated, canceled or extended as otherwise provided herein. The Contractor agrees that the City of Tucson shall have the right, at its sole option, to renew the Contract for two (2) additional two-year periods or portions thereof. In the event that the City exercises such rights, all terms, conditions and provisions of the original Contract shall remain the same and apply during the renewal period with the possible exception of price and minor scope additions and/or deletions. 4. PRICE ADJUSTMENT: The City will review fully documented requests for price adjustment after any Contract has been in effect for one (1) year and for each additional one (1) year period thereafter, which will be a factor in the renewal review process. The City will determine whether the requested price adjustment, or an alternate option, is in the best interest of the City. Any price adjustment will be effective upon the effective date of the Contract renewal or, in the case of a mid-term adjustment, upon execution of the amendment. 5. FOB DESTINATION FREIGHT PREPAID: Prices shall be FOB Destination Freight Prepaid to the delivery location designated. Contractor shall retain title and control of all goods until they are delivered and the Contract of coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the Contractor. All claims for visible or concealed damage shall be filed by the Contractor. The City will assist the Contractor in arranging for inspection. 6. SUBSTITUTE ITEMS: In the event that a product or model provided under the contract is discontinued by the manufacturer, the City at its sole discretion may allow the Contractor to provide a substitute for the discontinued item. The Contractor shall request permission to substitute a new product or model and provide the following: A. A formal announcement from the manufacturer that the product or model has been discontinued. B. Documentation from the manufacturer that names the replacement product or model. C. Documentation that provides clear and convincing evidence that the replacement meets or exceeds all specifications required by the original solicitation. D. Documentation that provides clear and convincing evidence that the replacement will be compatible with all the functions or uses of the discontinued product or model. E. Documentation confirming that the price for the replacement is the same as or less than the discontinued model. CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO. 202329 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PAGE 17 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 STANDARD TERMS AND CONDITIONS 1. ADVERTISING: Contractor shall not advertise or publish information concerning this Contract without prior written consent of the City's Director of Procurement. 2. AFFIRMATIVE ACTION: Contractor shall abide by the provisions of the Tucson Procurement Code Chapter 28, Article XII. 3. AMERICANS WITH DISABILITIES ACT: The Contractor shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101, et seq.) and applicable Federal regulations under the Act. 4. APPLICABLE LAW: This Contract shall be governed, and the City and Contractor shall have all remedies afforded to each, by the Tucson Procurement Code and the law of the State of Arizona. State law claims shall be brought only in Pima County Superior Court. 5. ASSIGNMENT -DELEGATION: No right or interest in this Contract shall be assigned by the Contractor without prior written permission of the City, and no delegation of any duty of the Contractor shall be made without prior written permission of the City's Director of Procurement. The City shall not unreasonably withhold approval and shall notify the Contractor of the City's position by written notice. 6. CHILD/SWEAT-FREE LABOR POLICY: The Contractor shall comply with all applicable provisions of the United States Federal and State Child Labor and Worker's Right laws and agrees if called upon to affirm in writing, that they, and any subcontractor involved in the provision of goods to the City, are in compliance. 7. CLEAN UP: The Contractor shall at all times keep the contract area, including storage areas used by the Contractor, free from accumulation of waste material or rubbish and, prior to completion of the work, remove any rubbish from the premises and all tools, scaffolding, equipment and materials not property of the City. Upon completion of the repair, the Contractor shall leave the work and premises in clean, neat and workmanlike condition. 8. 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 purchase order or is otherwise directed to do so, in writing, by the City. 9. CONFIDENTIALITY OF RECORDS: The Contractor shall establish and maintain procedures and controls that are acceptable to the City for the purpose of assuring that no information contained in its records or obtained from the City or from others in carrying out its functions under the Contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Contract. Persons requesting such information should be referred to the City. Information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under the Contract, unless otherwise agreed to in writing by the City. 10. CONTRACT AMENDMENTS: The Procurement Department has the sole authority to: A. Amend the contract or enter into supplemental verbal or written agreements; B. Grant time extensions or contract renewals; C. Otherwise modify the scope or terms and provisions of the contract. This Contract shall only be modified with the approval of the Department of Procurement. Except in the case of a documented emergency, approval must be granted prior to performance. Any contract modification not explicitly approved by the Procurement Department through a written contract amendment or change order is performed at the sole risk of the Contractor and may not be eligible for payment by the City. 11. CONTRACT: The Contract shall be based upon the Request for Proposal issued by the City and the Offer submitted by the Contractor in response to the Request for Proposal. The offer shall substantially conform to the terms, conditions, specifications and other requirements set forth within the text of the CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO. 202329 PAGE 18 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 Request for Proposal. The City reserves the right to clarify any contractual terms with the concurrence of the Contractor; however, any substantial non -conformity in the offer, as determined by the City's Director of Procurement, shall be deemed non -responsive and the offer rejected. The Contract shall contain the entire agreement between the City of Tucson and the Contractor relating to this requirement and shall prevail over any and all previous agreements, contracts, proposals, negotiations, purchase orders, or master agreements in any form. 12. DEFAULT IN ONE INSTALLMENT TO CONSTITUTE TOTAL BREACH: Contractor shall deliver conforming materials in each installment or lot of this Contract and may not substitute nonconforming materials. Delivery of nonconforming materials, or default of any nature, may constitute breach of the Contract. Noncompliance may be deemed a cause for possible Contract termination. 13. DUPLEXED/RECYCLED PAPER: In accordance with efficient resource procurement and utilization policies adopted by the City of Tucson, the Contractor shall ensure that, whenever practicable, all printed materials produced by the Contractor in the performance of this Contract are duplexed (two-sided copies), printed on recycled paper and labeled as such. 14. EQUAL PAY: The Contractor shall comply with the applicable provisions of the Equal Pay Act of 1963 (Pub.L. 88-38, 29 U.S.C. section 206(d)); Title VII of the Civil Rights Act of 1964 (Pub.L. 88-352, 42 U.S.C. 2000e et.seq.; and, the Lily Ledbetter Fair Pay Act of 2009 (Pub.L. 111-2). 15. EXCLUSIVE POSSESSION: All services, information, computer program elements, reports and other deliverables created under this Contract are the sole property of the City of Tucson and shall not be used or released by the Contractor or any other person except with prior written permission by the City. 16. FEDERAL IMMIGRATION LAWS AND REGULATIONS: Contractor warrants that it complies with all Federal Immigration laws and regulations that relate to its employees and complies with A.R.S. § 23- 214(A) and that it requires the same compliance of all subcontractors under this Contract. Contractor acknowledges that pursuant to A.R.S. § 41-4401 and effective September 30, 2008, a breach of this warranty is a material breach of this Contract subject to penalties up to and including termination of this Contract. The City retains the legal right to audit the records of the Contractor and inspect the papers of any employee who works for the Contractor to ensure compliance with this warranty and the Contractor shall assist in any such audit. The Contractor shall include the requirements of this paragraph in each contract with subcontractors under this Contract. If the Contractor or subcontractor warrants that it has complied with the employment verification provisions prescribed by sections 274(a) and 274(b) of the Federal Immigration and Nationality Act and the E-verify requirements prescribed by A.R.S. § 23-214(A), the Contractor or subcontractor shall be deemed to be in compliance with this provision. The City may request proof of such compliance at any time during the term of this Contract by the Contractor and any subcontractor. 17. FORCE MAJEURE: Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented by reason of Force Majeure. The term "Force Majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Force Majeure shall not include late performance by a subcontractor unless the delay arises out of a Force Majeure occurrence in accordance with this Force Majeure term and condition. If either party is delayed at any time in the progress of the work by Force Majeure, the delayed party shall notify the other party in writing of such delay, as soon as is practical, of the commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be hand -delivered or mailed certified -return receipt and shall make a specific reference to this article, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing when it has done so. The time of completion shall be extended by contract modification for a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance with this Contract. 18. GRATUITIES: The City may, by written notice to the Contractor, terminate this Contract if it is found that gratuities, in the form of entertainment, gifts, meals or otherwise, were offered or given by the Contractor CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO. 202329 PAGE 19 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 or any agent or representative of the Contractor, to any officer or employee of the City amending, or the making of any determinations with respect to the performing of such Contract. In the event this Contract is terminated by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold from the Contractor the amount of the gratuity. 19. HUMAN RELATIONS: Contractor shall abide by the provisions of the Tucson City Code Chapter 28, Article XII. 20. INDEMNIFICATION: To the fullest extent permitted by law, Contractor, its successors, assigns and guarantors, shall pay, defend, indemnify and hold harmless City of Tucson, its agents, representatives, officers, directors, officials and employees from and against all allegations, demands, proceedings, suits, actions, claims, including claims of patent or copyright infringement, damages, losses, expenses, including but not limited to, attorney fees, court costs, and the cost of appellate proceedings, and all claim adjusting and handling expense, related to, arising from or out of or resulting from any actions, acts, errors, mistakes or omissions caused in whole or part by Contractor relating to work, services and/or products provided in the performance of this Contract, including but not limited to, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable and any injury or damages claimed by any of Contractor's and Subcontractor's employees. It is agreed that Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. The Contractors agrees to waive all rights of subrogation against the City of Tucson, it's agents, representatives, officers, directors, officials, employees and volunteers for losses arising from the work performed by the Contractor for the City of Tucson. Contractor is responsible for compliance with the Patient Protection and Affordable Care Act (ACA), for its employees in accordance with 26 CFR §54. 4980H. Additionally, Contractor is responsible for all applicable IRS reporting requirements related to ACA. If Contractor or any of Contractor's employees is certified to the City as having received a premium tax credit or cost sharing reduction which contributes to or triggers an assessed penalty against the City, or Contractor fails to meet reporting requirements pursuant to section 6056 resulting in a penalty to City, Contractor indemnifies City from and shall pay any assessed tax penalty. 21. INDEPENDENT CONTRACTOR: It is understood that each party shall act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other party for any purpose. The Contractor shall not be entitled to compensation in the form of salaries, holidays, paid vacation, sick days, or pension contributions by the City. The City of Tucson will not provide any insurance coverage to the Contractor, including Worker's Compensation coverage. The Contractor is advised that taxes, social security payments, and other withholdings shall not be withheld from a City payment issued under this Contract and that Contractor should make arrangements to directly pay such expenses. Contractor is responsible for compliance with the Affordable Care Act for Contractor and any of Contractor's employees. 22. INSPECTION AND ACCEPTANCE: All material or service is subject to final inspection and acceptance by the City. Material or service failing to conform to the specifications of this Contract shall be held at the Contractor's risk and may be returned to the Contractor. If returned, all costs are the responsibility of the Contractor. Noncompliance may be deemed a cause for possible Contract termination. 23. INTERPRETATION-PAROL EVIDENCE: This Contract is intended by the parties to be a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of this agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in the Contract. Acceptance or consent in the course of performance under this Contract shall not be relevant to determine the meaning of this Contract even though the accepting or consenting party has knowledge of the nature of the performance and the opportunity to object. CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO. 202329 PAGE 20 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 24. ISRAEL BOYCOTT DIVESTMENTS: Acceptance of the contract warrants that the vendor is in compliance with A.R.S. § 35-393 and does not participate in a boycott of Israel as that term is defined within A.R.S. § 35-393. 25. LICENSES: Contractor shall maintain in current status all Federal, State, and local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this Contract. 26. LIENS: All materials, services, and other deliverables supplied to the City under this Contract shall be free of all liens other than the security interest. Security interest shall extinguish upon full payment made by the City. Upon the City's request, the Contractor shall provide a formal release of all liens. 27. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender of materials must fully comply with all provisions of this Contract. If a tender is made which does not fully comply, this shall conform to the termination clause set forth within this document. 28. NON-EXCLUSIVE CONTRACT: Any contract resulting from this solicitation shall be awarded with the understanding and agreement that it is for the sole convenience of the City of Tucson. The City reserves the right to obtain like goods or services from another source when necessary. 29. OVERCHARGES BY ANTITRUST VIOLATIONS: The City maintains that, in actual practice, overcharges resulting from antitrust violations are borne by the purchaser. Therefore, to the extent permitted by law, the Contractor hereby assigns to the City any and all claims for such overcharges as to the materials or services used to fulfill the Contract. 30. PAYMENT: The City's preferred method of payment is via credit card. The City will issue a Purchase Order and, in some cases, either provide a credit card for payment at the time of ordering or pay subsequent invoices by credit card upon receipt of goods or services in good order. However, not all City employees will possess a credit card and, therefore, the City reserves the right to make payment by check as it deems necessary. Unless payment is made by credit card at time of order or point of sale, a separate invoice shall be issued for each shipment of material or service performed, and no payment shall be issued prior to receipt of material or service and correct invoice. The invoice shall not be dated prior to the receipt of goods or completion of services. The City shall make every effort to process payment for the purchase of materials or services within twenty-one (21) calendar days after receipt of materials or services and a correct invoice. The Contractor's payment terms shall apply to all purchases and to all payment methods. 31. PROTECTION OF GOVERNMENT PROPERTY: The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation (such as trees, shrubs, and grass) on City property. If the Contractor fails to do so and damages such property, the Contractor shall replace or repair the damage at no expense to the City, as determined and approved by the City's Director of Procurement. If the Contractor fails or refuses to make such repair or replacement, the City will determine a cost and the Contractor shall be liable for the cost thereof, which may be deducted from the Contract price. 32. PROVISIONS REQUIRED BY LAW: Each and every provision of law and any clause required by law to be in the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the Contract shall be amended to make such insertion or correction. 33. RECORDS: Internal control over all financial transactions related to this Contract shall be in accordance with sound fiscal policies. The City may, at reasonable times and places, audit the books and records of the Contractor and/or any subcontractors. Said audit shall be limited to this Contract. 34. RIGHT TO ASSURANCE: Whenever one party to this Contract has reason to question, in good faith, the other party's intent to perform, the former party may demand that the other party give a written assurance CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO. 202329 PAGE 21 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 of this intent to perform. In the event that a demand is made and no written assurance is given within five (5) days, the demanding party may treat this failure as the other party's intent not to perform and as a cause for possible Contract termination. 35. RIGHT TO INSPECT: The City may, at reasonable times, and at the City's expense, inspect the place of business of a Contractor or subcontractor which is related to the performance of any Contract as awarded or to be awarded. 36. RIGHTS AND REMEDIES: No provision in this document or in the Contractor's proposal shall be construed, expressly or by implication, as a waiver by either party of any existing or future right and/or remedy available by law in the event of any claim, default or breach of contract. The failure of either party to insist upon the strict performance of any term or condition of the Contract, to exercise or delay the exercise of any right or remedy provided in the Contract or by law, or to accept materials or services required by this Contract or by law shall not be deemed a waiver of any right of either party to insist upon the strict performance of the Contract. 37. SEVERABILITY: The provisions of this Contract are severable to the extent that any provision or application held to be invalid shall not affect any other provision or application of the Contract which may remain in effect without the valid provision or application. 38. SHIPMENT UNDER RESERVATION PROHIBITED: No tender of a bill of lading shall operate as a tender of the materials. Non-compliance shall conform to the termination clause set forth within this document. 39. SUBCONTRACTS: No subcontract shall be entered into by the Contractor with any other party to furnish any of the material/service specified herein without the advance written approval of the City's Director of Procurement. All subcontracts shall comply with Federal and State laws and regulations which are applicable to the services covered by the subcontract and shall include all the terms and conditions set forth herein which shall apply with equal force to the subcontract, as if the subcontractor were the Contractor referred to herein. The Contractor is responsible for contract performance whether or not subcontractors are used. 40. SUBSEQUENT EMPLOYMENT: The City may terminate this Contract without penalty or further obligation pursuant to A.R.S. Section 38-511 if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract, on behalf of the City, is or becomes, at any time while the Contract or any extension of the Contract is in effect, an employee of, or a contractor to, any other party to this Contract with respect to the subject matter of the Contract. Termination shall be effective when written notice from the City's Director of Procurement is received by the parties to this Contract, unless the notice specifies a later time. 41. TERMINATION OF CONTRACT: This Contract may be terminated at any time by mutual written consent, or by the City, with or without cause, upon giving thirty (30) days written notice. The City, at its convenience, by written notice, may terminate this Contract, in whole or in part. If this Contract is terminated, the City shall be liable only for payment under the payment provisions of this Contract for services rendered and accepted material received by the City before the effective date of termination. The City reserves the right to terminate the whole or any part of this Contract due to the failure of the Contractor to carry out any term or condition of the Contract. The City will issue a written ten (10) day notice of default to the Contractor for acting or failing to act as specified in any of the following: In the opinion of the City, the Contractor provides personnel that do not meet the requirements of the Contract; In the opinion of the City, the Contractor fails to perform adequately the stipulations, conditions or services/specifications required in this Contract; In the opinion of the City, the Contractor attempts to impose personnel, materials, products or workmanship of an unacceptable quality; CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO. 202329 PAGE 22 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 The Contractor fails to furnish the required service and/or product within the time stipulated in the Contract; In the opinion of the City, the Contractor fails to make progress in the performance of the requirements of the Contract; The Contractor gives the City a positive indication that the Contractor will not or cannot perform to the requirements of the Contract. Each payment obligation of the City created by this Contract is conditioned upon the availability of City, State and Federal funds that are appropriated or allocated for the payment of such an obligation. If funds are not allocated by the City and available for the continued purchase of the services and/or materials provided under this Contract, this Contract may be terminated by the City at the end of the period for which funds are available. The City will endeavor to notify the Contractor in the event that continued service will or may be affected by non -appropriation. No penalty shall accrue to the City in the event this provision is exercised, and the City shall not be obligated or liable for any future payments due or for any damages as a result of termination under this paragraph. 42. TITLE AND RISK OF LOSS: The title and risk of loss of material or service shall not pass to the City until the City actually receives the material or service at the point of delivery, unless otherwise provided within this Contract. 43. WARRANTIES: Contractor warrants that all material or service delivered under this Contract shall conform to the specifications of this Contract. Mere receipt of shipment of the material or service specified and any inspection incidental thereto by the City shall not alter or affect the obligations of the Contractor or the rights of the City under the foregoing warranties. Additional warranty requirements may be set forth in this document. CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 REQUEST FOR PROPOSAL NO. 202329 PAGE 23 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 See Attachment B — Excel Price Page Tab 1 — National Core List Tab 2 — Additional Suppliers CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO. 202329 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PAGE 24 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 OFFER AND ACCEPTANCE OFFER TO THE CITY OF TUCSON: The Undersigned hereby offers and shall furnish the material or service in compliance with all terms, scope of work, conditions, specifications, and amendments in the Request for Proposal which is incorporated by reference as if fully set forth herein. Company Name Address City State Zip Signature of Person Authorized to Sign Printed Name Title For clarification of this offer, contact: Name: Title: Phone: Fax: E-mail: ACCEPTANCE OF OFFER The Offer is hereby accepted. The Contractor is now bound to sell the materials or services specified in the Contract. This Contract shall be referred to as Contract No. CITY OF TUCSON, a municipal corporation Approved as to form: This day of Awarded: 2019 This day of 2019 As Tucson City Attorney and not personally As Director of Business Services and not personally CITY OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 /_1 A r_ ll01IT,1 L1 k REQUEST FOR PROPOSAL NO. 202329 PAGE 25 OF 25 CONTRACT OFFICER: ANDREW KLOS, MBA PH: (520) 837-6685 / FAX: (520) 791-4735 Attachment A - OMNIA Partners — Requirements for National Cooperative Contract Attachment B — Excel Price Page Attachment C — HUD Documents 5. Attachment A: OMNIA Agreement ATTACHMENT A sm 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 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 The City of Tucson (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 Janitorial and Sanitation Supplies, Equipment, and Related Services. 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 2 of 57 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 Requirements for National Cooperative Contract Page 3 of 57 B. Joint sales calls C. Communications/customer service D. Training sessions for Public Agency teams 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 3% 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 $110 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 Requirements for National Cooperative Contract Page 4 of 57 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 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. Requirements for National Cooperative Contract Page 5 of 57 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 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. Requirements for National Cooperative Contract Page 6 of 57 3.1 Company A. Brief history and description of Supplier. 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. E. Submit FEIN and Dunn & Bradstreet report. F. Describe any green or environmental initiatives or policies. G. 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. H. Describe any historically underutilized business certifications supplier holds and the certifying agency. This may include business enterprises such as minority and women owned, small or disadvantaged, disable veterans, etc. L 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. Describe the full line of products and services offered by supplier. 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. Requirements for National Cooperative Contract Page 7 of 57 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: 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: 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 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.) Requirements for National Cooperative Contract Page 8 of 57 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 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 Requirements for National Cooperative Contract Page 9 of 57 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. L Explain in detail how the sales teams will work with the OMNIA Partners, Public Sector team to implement, grow and service the national program. L 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. M. 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 10 of 57 $ .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. 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 11 of 57 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"), Requirements for National Cooperative Contract Page 12 of 57 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. 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. Requirements for National Cooperative Contract Page 13 of 57 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 12 — 23, hereof and the 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. 9. Supplier's failure to maintain its covenants and commitments contained in this Agreement or any action of the Supplier which gives rise to a right by Principal Procurement Agency to terminate the Master Agreement shall constitute a material breach of this Agreement. If such breach is not cured within thirty (30) days of written notice to Supplier, in addition to any and all remedies available at law or equity, OMNIA Partners, Public Sector shall have the right to terminate this Agreement, at OMNIA Partners, Public Sector's sole discretion. Notwithstanding anything contained herein to the contrary, this Agreement shall terminate on the date of the termination or expiration of the Master Agreement. NATIONAL PROMOTION 10. 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' Requirements for National Cooperative Contract Page 14 of 57 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.omniapartners.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. 11. 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 parry'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 parry's Logo. ADMINISTRATIVE FEE, REPORTING & PAYMENT 12. 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. 13. 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 101h 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 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. 14. 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 13, above, for Supplier's submission of corresponding Contract Sales Reports. Administrative Fee payments are to be made via Automated Requirements for National Cooperative Contract Page 15 of 57 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. 15. 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 16. 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. 17. 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. 18. 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 may not assign its obligations hereunder without the prior written consent of OMNIA Partners, Public Sector. 19. 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. Requirements for National Cooperative Contract Page 16 of 57 A. OMNIA Partners, Public Sector: OMNIA Partners, Public Sector Attn: President 840 Crescent Centre Drive Suite 600 Franklin, TN 37067 B. Supplier: 20. 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. 21. 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. 22. 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. 23. 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. 24. 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 17 of 57 [INSERT SUPPLIER ENTITY NAME] Signature Name Title Date NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY, A DELAWARE CORPORATION D/B/A OMNIA PARTNERS, PUBLIC SECTOR Signature Sarah Vavra Name Sr. Vice President, Public Sector Contracting Title Date Requirements for National Cooperative Contract Page 18 of 57 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 ("Princillal 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 ("Particillating 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.omniapartners.com/publicsector 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, Requirements for National Cooperative Contract Page 19 of 45 including 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, "SuIlplier") 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 OF SUCH DAMAGES. FURTHER, THE PROCURING PARTY ACKNOWLEDGES AND AGREES THAT THE OMNIA PARTNERS Requirements for National Cooperative Contract Page 20 of 57 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. Authorized Signature Name Title and Agency Name 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 Signature Sarah E. Vavra Name Sr. Vice President, Public Sector Contracting Title Date Date Requirements for National Cooperative Contract Page 21 of 57 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 22 of 45 EXHIBIT E CONTRACT SALES REPORTING TEMPLATE OXINIA PARTNIRS, PUBLIC SECTOR EXMBITS EXMBIT C'- CONT&,kCT SALES REPORTING TEXIPLATE OMNIA Partners, Public Sector Contract Sales Monthly Report Supplier Name: Contract Sales Report Month: Contract ID: Supplier Reporting Contact: Title: Phone: Email: ReportTotals CUnIL113fiVe Contract Sales Requirements for National Cooperative Contract Page 23 of 45 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 24 of 45 (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 $150,000, 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 $150,000, 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 25 of 57 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. Requirements for National Cooperative Contract Page 26 of 57 Does offeror agree? YES Initials of Authorized Representative of offeror (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 27 of 57 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: Printed Name and Title of Authorized Representative: Email Address: Signature of Authorized Representative: Fax Number: Requirements for National Cooperative Contract Page 28 of 57 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 41 Ownership Disclosure Form DOC 42 Non -Collusion Affidavit DOC 43 Affirmative Action Affidavit DOC 44 Political Contribution Disclosure Form DOC 45 Stockholder Disclosure Certification DOC 46 Certification of Non -Involvement in Prohibited Activities in Iran DOC 47 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 29 of 57 DOC 41 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: I , certify that I am the sole owner of that there are no partners and the business is not incorporated, and the provisions ofN.J.S. 52:25-24.2 do not apply. OR: I , a partner in , do hereby certify that the following is a list of all individual partners who own a 10% or greater interest therein. I 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: I 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. I 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. ote: If there are no partners or stockholders owninLy 10% or more interest. indicate non Name Address Interest I 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 30 of 57 DOC 42 Company Name: Street: City, State, Zip Code: State of County of I, Name NON -COLLUSION AFFIDAVIT of the City in the County of , State of offull age, being duly sworn according to law on my oath depose and say that: I am the Title of the firm of Company Name the Offeror making the Proposal for the goods, services or public work specified under the attached proposal, and that I 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 offree, 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. I 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 Subscribed and sworn before me this day of 20 Notary Public of My commission expires Authorized Signature & Title RE Requirements for National Cooperative Contract Page 31 of 45 SEAL DOC #3 AFFIRMATIVE ACTION AFFIDAVIT (P.L. 1975, C127) 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 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 Proiect 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 I further certify that the statements and information contained herein, are complete and correct to the best ofmy knowledge and belief. Date Authorized Signature and Title Requirements for National Cooperative Contract Page 32 of 57 DOC 43, 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 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 33 of 57 DOC 44 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 (htti)://www.ni.gQv/dci/divisions/dI�s/resources/Iflis 2006.1-itml). 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.nii.gov/dca/divisions/dlgs/12rograms/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. 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/dlgs/resources/Ifns 2006.1-itml). 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 34 of 57 DOC 44, 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 Requirements for National Cooperative Contract Page 35 of 57 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 36 of 57 DOC 44, 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. Part I - Vendor Information 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 37 of 57 DOC 44, continued List of Agencies with Elected Officials Required for Political Contribution Disclosure N. J. S. A. 19 :44A-2 0.2 6 County Name: State: Governor, and Legislative Leadership Committees Legislative District 4s: 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 38 of 57 DOC #5 STOCKHOLDER DISCLOSURE CERTIFICATION Name of Business: 0 I 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 I 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 0 Subchapter 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 (Notary Public) My Commission expires: (Affrant) (Print name & title of affrant) Requirements for National Cooperative Contract Page 39 of 57 DOC 46 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: hqp://www. state. nj.us/humanservi ces/dfd/info/standard/fdc/di sclosure _investmentact.pdf. Offerors should submit the above form completed with their proposal. Requirements for National Cooperative Contract Page 40 of 57 DOC 47 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. hqp://www.state.nj.us/treasury/revenue/forms/njreg.pdf Requirements for National Cooperative Contract Page 41 of 57 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 Massachusetts State of New Mexico State of South 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 Carolina State of Texas State of Arkansas State of Indiana State of Mississippi State of North Dakota State of Utah State of California State of Iowa State of Missouri State of Ohio State of Vermont State of Colorado State of Kansas State of Montana State of Oklahoma State of Virginia State of Connecticut State of Kentucky State of Nebraska State of Oregon State of Washington State of Delaware State of Louisiana State of Nevada State of Pennsylvania State of West Virginia State of Florida State of Maine State of New Hampshire State of Rhode Island State of Wisconsin State of Georgia State of Maryland State of New Jersey State of South Carolina State of Wyoming District of Columbia Lists of political subdivisions and local governments in the above referenced states / districts may be found at http://www.Lisa.gov/Agencies/State and Territories.shtml and https://www.Lisa.gov/local-governments. Certain Public Agencies and Political Subdivisions CITIES, TOWNS, VILLAGES AND BOROUGHS CITY OF KENNER, LA INCLUDING BUT NOT LIMITED TO: CITY OF LA GRANDE, OR BAKER CITY GOLF COURSE, OR CITY OF LAFAYETTE, LA CITY OF ADAIR VILLAGE, OR CITY OF LAKE CHARLES, OR CITY OF ASHLAND, OR CITY OF LEBANON, OR CITY OF AUMSVILLE, OR CITY OF MCMINNVILLE, OR CITY OF AURORA, OR CITY OF MEDFORD, OR CITY OF BAKER, OR CITY OF METAIRIE, LA CITY OF BATON ROUGE, LA CITY OF MILL CITY, OR CITY OF BEAVERTON, OR CITY OF MILWAUKIE, OR CITY OF BEND, OR CITY OF MONROE, LA CITY OF BOARDMAN, OR CITY OF MOSIER, OR CITY OF BONANAZA, OR CITY OF NEW ORLEANS, LA CITY OF BOSSIER CITY, LA CITY OF NORTH PLAINS, OR CITY OF BROOKINGS, OR CITY OF OREGON CITY, OR CITY OF BURNS, OR CITY OF PILOT ROCK, OR CITY OF CANBY, OR CITY OF PORTLAND, OR CITY OF CANYONVILLE, OR CITY OF POWERS, OR CITY OF CLATSKANIE, OR CITY OF PRINEVILLE, OR CITY OF COBURG, OR CITY OF REDMOND, OR CITY OF CONDON, OR CITY OF REEDSPORT, OR CITY OF COQUILLE, OR CITY OF RIDDLE, OR CITY OF CORVALLI, OR CITY OF ROGUE RIVER, OR CITY OF CORVALLIS PARKS AND RECREATION CITY OF ROSEBURG, OR DEPARTMENT, OR CITY OF SALEM, OR CITY OF COTTAGE GROVE, OR CITY OF SANDY, OR CITY OF DONALD, OR CITY OF SCAPPOOSE, OR CITY OF EUGENE, OR CITY OF SHADY COVE, OR CITY OF FOREST GROVE, OR CITY OF SHERWOOD, OR CITY OF GOLD HILL, OR CITY OF SHREVEPORT, LA CITY OF GRANTS PASS, OR CITY OF SILVERTON, OR CITY OF GRESHAM, OR CITY OF SPRINGFIELD, OR CITY OF HILLSBORO, OR CITY OF ST. HELENS, OR CITY OF INDEPENDENCE, OR CITY OF ST. PAUL, OR CITY AND COUNTY OF HONOLULU, HI CITY OF SULPHUR, LA Requirements for National Cooperative Contract Page 42 of 45 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 CLAWSON, UT HYDE PARK, UT CLEARFIELD, UT HYRUM, UT CLEVELAND,UT INDEPENDENCE,UT CLINTON CITY CORPORATION, UT IVINS, UT COALVILLE, UT JOSEPH, UT CORINNE, UT JUNCTION, UT CORNISH, UT KAMAS, UT COTTONWOOD HEIGHTS, UT KANAB, UT DANIEL, UT KANARRAVILLE, UT DELTA, UT KANOSH, UT DEWEYVILLE, UT KAYSVILLE, UT DRAPER CITY, UT KINGSTON, UT DUCHESNE, UT KOOSHAREM, UT EAGLE MOUNTAIN, UT LAKETOWN, UT EAST CARBON, UT LA VERKIN, UT ELK RIDGE, UT LAYTON, UT ELMO, UT LEAMINGTON, UT ELSINORE, UT LEEDS, UT ELWOOD, UT LEHI CITY CORPORATION, UT EMERY, UT LEVAN, UT Requirements for National Cooperative Contract Page 43 of 57 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 PARADISE, UT WALES, UT PARAGONAH, UT WALLSBURG, UT PARK CITY, UT WASHINGTON CITY, UT PAROWAN, UT WASHINGTON TERRACE, UT PAYSON, UT WELLINGTON, UT PERRY, UT WELLSVILLE, UT PLAIN CITY, UT WENDOVER, UT PLEASANT GROVE CITY, UT WEST BOUNTIFUL, UT PLEASANT VIEW, UT WEST HAVEN, UT PLYMOUTH, UT WEST JORDAN, UT PORTAGE, UT WEST POINT, UT PRICE, UT WEST VALLEY CITY, UT PROVIDENCE, UT WILLARD, UT PROVO, UT WOODLAND HILLS, UT RANDOLPH, UT WOODRUFF, UT REDMOND, UT WOODS CROSS, UT RICHFIELD, UT RICHMOND, UT COUNTIES AND PARISHES INCLUDING BUT NOT RIVERDALE, UT LIMITED TO: RIVER HEIGHTS, UT ASCENSION PARISH, LA Requirements for National Cooperative Contract Page 44 of 57 ASCENSION PARISH, LA, CLEAR OF COURT CADDO PARISH, LA CALCASIEU PARISH, LA CALCASIEU PARISH SHERIFF'S OFFICE, LA CITY AND COUNTY OF HONOLULU, HI CLACKAMAS COUNTY, OR CLACKAMAS COUNTY DEPT OF TRANSPORTATION, OR CLATSOP COUNTY, OR COLUMBIA COUNTY, OR COOS COUNTY, OR COOS COUNTY HIGHWAY DEPARTMENT, OR COUNTY OF HAWAII, OR CROOK COUNTY, OR CROOK COUNTY ROAD DEPARTMENT, OR CURRY COUNTY, OR DESCHUTES COUNTY, OR DOUGLAS COUNTY, OR EAST BATON ROUGE PARISH, LA GILLIAM COUNTY, OR GRANT COUNTY, OR HARNEY COUNTY, OR HARNEY COUNTY SHERIFFS OFFICE, OR HAWAII COUNTY, HI HOOD RIVER COUNTY, OR JACKSON COUNTY, OR JEFFERSON COUNTY, OR JEFFERSON PARISH, LA JOSEPHINE COUNTY GOVERNMENT, OR LAFAYETTE CONSOLIDATED GOVERNMENT, LA LAFAYETTE PARISH, LA LAFAYETTE PARISH CONVENTION & VISITORS COMMISSION LAFOURCHE PARISH, LA KAUAI COUNTY, HI KLAMATH COUNTY, OR LAKE COUNTY, OR LANE COUNTY, OR LINCOLN COUNTY, OR LINN COUNTY, OR LIVINGSTON PARISH, LA MALHEUR COUNTY, OR MAUI COUNTY, HI MARION COUNTY, SALEM, OR MORROW COUNTY, OR MULTNOMAH COUNTY, OR MULTNOMAH COUNTY BUSINESS AND COMMUNITY SERVICES, OR MULTNOMAH COUNTY SHERIFFS OFFICE, OR MULTNOMAH LAW LIBRARY, OR ORLEANS PARISH, LA PLAQUEMINES PARISH, LA POLK COUNTY, OR RAPIDES PARISH, LA SAINT CHARLES PARISH, LA SAINT CHARLES PARISH PUBLIC SCHOOLS, LA SAINT LANDRY PARISH, LA SAINT TAMMANY PARISH, LA SHERMAN COUNTY, OR TERREBONNE PARISH, LA TILLAMOOK COUNTY, OR TILLAMOOK COUNTY SHERIFF'S OFFICE, OR TILLAMOOK COUNTY GENERAL HOSPITAL, OR UMATILLA COUNTY, OR UNION COUNTY, OR WALLOWA COUNTY, OR WASCO COUNTY, OR WASHINGTON COUNTY, OR WEST BATON ROUGE PARISH, LA WHEELER COUNTY, OR YAMHILL COUNTY, OR COUNTY OF BOX ELDER, UT COUNTY OF CACHE, UT COUNTY OF RICH, UT COUNTY OF WEBER, UT COUNTY OF MORGAN, UT COUNTY OF DAVIS, UT COUNTY OF SUMMIT, UT COUNTY OF DAGGETT, UT COUNTY OF SALT LAKE, UT COUNTY OF TOOELE, UT COUNTY OF UTAH, UT COUNTY OF WASATCH, UT COUNTY OF DUCHESNE, UT COUNTY OF UINTAH, UT COUNTY OF CARBON, UT COUNTY OF SANPETE, UT COUNTY OF JUAB, UT COUNTY OF MILLARD, UT COUNTY OF SEVIER, UT COUNTY OF EMERY, UT COUNTY OF GRAND, UT COUNTY OF BEVER, UT COUNTY OF PIUTE, UT COUNTY OF WAYNE, UT COUNTY OF SAN JUAN, UT COUNTY OF GARFIELD, UT COUNTY OF KANE, UT COUNTY OF IRON, UT COUNTY OF WASHINGTON, UT OTHER AGENCIES INCLUDING ASSOCIATIONS BOARDS, DISTRICTS, COMMISSIONS, COUNCILS, PUBLIC CORPORATIONS, PUBLIC DEVELOPMENT AUTHORITIES, RESERVATIONS AND UTILITIES INCLUDING BUT NOT LIMITED TO: ADAIR R.F.P.D., OR ADEL WATER IMPROVEMENT DISTRICT, OR ADRIAN R.F.P.D., OR AGNESS COMMUNITY LIBRARY, OR AGNESS-ILLAHE R.F.P.D., OR AGRICULTURE EDUCATION SERVICE EXTENSION DISTRICT, OR ALDER CREEK-BARLOW WATER DISTRICT NO. 29, OR ALFALFA FIRE DISTRICT, OR ALSEA R.F.P.D., OR ALSEA RIVIERA WATER IMPROVEMENT DISTRICT, OR AMITY FIRE DISTRICT, OR ANTELOPE MEADOWS SPECIAL ROAD DISTRICT, OR APPLE ROGUE DISTRICT IMPROVEMENT COMPANY, OR APPLEGATE VALLEY R.F.P.D. #9, OR ARCH CAPE DOMESTIC WATER SUPPLY DISTRICT, OR ARCH CAPE SANITARY DISTRICT, OR ARNOLD IRRIGATION DISTRICT, OR ASH CREEK WATER CONTROL DISTRICT, OR ATHENA CEMETERY MAINTENANCE DISTRICT, OR Requirements for National Cooperative Contract Page 45 of 57 AUMSVILLE R.F.P.D., OR AURORA R.F.P.D., OR AZALEA R.F.P.D., OR BADGER IMPROVEMENT DISTRICT, OR BAILEY -SPENCER R.F.P.D., OR BAKER COUNTY LIBRARY DISTRICT, OR BAKER R.F.P.D., OR BAKER RIVERTON ROAD DISTRICT, OR BAKER VALLEY IRRIGATION DISTRICT, OR BAKER VALLEY S.WCD., OR BAKER VALLEY VECTOR CONTROL DISTRICT, OR BANDON CRANBERRY WATER CONTROL DISTRICT, OR BANDON R.F.P.D., OR BANKS FIRE DISTRICT, OR BANKS FIRE DISTRICT #13, OR BAR L RANCH ROAD DISTRICT, OR BARLOW WATER IMPROVEMENT DISTRICT, OR BASIN AMBULANCE SERVICE DISTRICT, OR BASIN TRANSIT SERVICE TRANSPORTATION DISTRICT, OR BATON ROUGE WATER COMPANY BAY AREA HEALTH DISTRICT, OR BAYSHORE SPECIAL ROAD DISTRICT, OR BEAR VALLEY SPECIAL ROAD DISTRICT, OR BEAVER CREEK WATER CONTROL DISTRICT, OR BEAVER DRAINAGE IMPROVEMENT COMPANY, INC., OR BEAVER SLOUGH DRAINAGE DISTRICT, OR BEAVER SPECIAL ROAD DISTRICT, OR BEAVER WATER DISTRICT, OR BELLE MER S.I.G.L. TRACTS SPECIAL ROAD DISTRICT, OR BEND METRO PARK AND RECREATION DISTRICT BENTON S.WCD., OR BERNDT SUBDIVISION WATER IMPROVEMENT DISTRICT, OR BEVERLY BEACH WATER DISTRICT, OR BIENVILLE PARISH FIRE PROTECTION DISTRICT 6, LA BIG BEND IRRIGATION DISTRICT, OR BIGGS SERVICE DISTRICT, OR BLACK BUTTE RANCH DEPARTMENT OF POLICE SERVICES, OR BLACK BUTTE RANCH R.F.P.D., OR BLACK MOUNTAIN WATER DISTRICT, OR BLODGETT-SUMMIT R.F.P.D., OR BLUE MOUNTAIN HOSPITAL DISTRICT, OR BLUE MOUNTAIN TRANSLATOR DISTRICT, OR BLUE RIVER PARK & RECREATION DISTRICT, OR BLUE RIVER WATER DISTRICT, OR BEY R.F.P.D., OR BEY VECTOR CONTROL DISTRICT, OR BEY WATER AND SANITARY DISTRICT, OR BOARDMAN CEMETERY MAINTENANCE DISTRICT, OR BOARDMAN PARK AND RECREATION DISTRICT BOARDMAN R.F.P.D., OR BONANZA BIG SPRINGS PARK & RECREATION DISTRICT, OR BONANZA MEMORIAL PARK CEMETERY DISTRICT, OR BONANZA R.F.P.D., OR BONANZA-LANGELL VALLEY VECTOR CONTROL DISTRICT, OR BORING WATER DISTRICT #24, OR BOULDER CREEK RETREAT SPECIAL ROAD DISTRICT, OR BRIDGE R.F.P.D., OR BROOKS COMMUNITY SERVICE DISTRICT, OR BROWNSVILLE R.F.P.D., OR BELLL-RED PRAIRIE WATER DISTRICT, OR BUNKER HILL R.F.P.D. #1, OR BUNKER HILL SANITARY DISTRICT, OR BURLINGTON WATER DISTRICT, OR BURNT RIVER IRRIGATION DISTRICT, OR BURNT RIVER S.WCD., OR CALAPOOIA R.F.P.D., OR CAMAS VALLEY R.F.P.D., OR CAMELLIA PARK SANITARY DISTRICT, OR CAMMANN ROAD DISTRICT, OR CAMP SHERMAN ROAD DISTRICT, OR CANBY AREA TRANSIT, OR CANBY R.F.P.D. #62, OR CANBY UTILITY BOARD, OR CANNON BEACH R.F.P.D., OR CANYONVILLE SOUTH UMPQUA FIRE DISTRICT, OR CAPE FERRELO R.F.P.D., OR CAPE FOULWEATHER SANITARY DISTRICT, OR CARLSON PRIMROSE SPECIAL ROAD DISTRICT, OR CARMEL BEACH WATER DISTRICT, OR CASCADE VIEW ESTATES TRACT 2, OR CEDAR CREST SPECIAL ROAD DISTRICT, OR CEDAR TRAILS SPECIAL ROAD DISTRICT, OR CEDAR VALLEY - NORTH BANK R.F.P.D., OR CENTRAL CASCADES FIRE AND EMS, OR CENTRAL CITY ECONOMIC OPPORTUNITY CORP, LA CENTRAL LINCOLN P.U.D., OR CENTRAL OREGON COAST FIRE & RESCUE DISTRICT, OR CENTRAL OREGON INTERGOVERNMENTAL COUNCIL CENTRAL OREGON IRRIGATION DISTRICT, OR CHAPARRAL WATER CONTROL DISTRICT, OR CHARLESTON FIRE DISTRICT, OR CHARLESTON SANITARY DISTRICT, OR CHARLOTTE ANN WATER DISTRICT, OR CHEHALEM PARK & RECREATION DISTRICT, OR CHEHALEM PARK AND RECREATION DISTRICT CHEMULT R.F.P.D., OR CHENOWITH WATER P.U.D., OR CHERRIOTS, OR CHETCO COMMUNITY PUBLIC LIBRARY DISTRICT, OR CHILOQUIN VECTOR CONTROL DISTRICT, OR CHILOQUIN-AGENCY LAKE R.F.P.D., OR CHINOOK DRIVE SPECIAL ROAD DISTRICT, OR CHR DISTRICT IMPROVEMENT COMPANY, OR CHRISTMAS VALLEY DOMESTIC WATER DISTRICT, OR CHRISTMAS VALLEY PARK & RECREATION DISTRICT, OR CHRISTMAS VALLEY R.F.P.D., OR CITY OF BOGALUSA SCHOOL BOARD, LA CLACKAMAS COUNTY FIRE DISTRICT #1, OR CLACKAMAS COUNTY SERVICE DISTRICT #1, OR CLACKAMAS COUNTY VECTOR CONTROL DISTRICT, OR CLACKAMAS RIVER WATER CLACKAMAS RIVER WATER, OR Requirements for National Cooperative Contract Page 46 of 57 CLACKAMAS S.W.C.D., OR CLATSKANIE DRAINAGE IMPROVEMENT COMPANY, OR CLATSKANIE LIBRARY DISTRICT, OR CLATSKANIE P.U.D., OR CLATSKANIE PARK & RECREATION DISTRICT, OR CLATSKANIE PEOPLE'S UTILITY DISTRICT CLATSKANIE R.F.P.D., OR CLATSOP CARE CENTER HEALTH DISTRICT, OR CLATSOP COUNTY S.W.C.D., OR CLATSOP DRAINAGE IMPROVEMENT COMPANY #15, INC., OR CLEAN WATER SERVICES CLEAN WATER SERVICES, OR CLOVERDALE R.F.P.D., OR CLOVERDALE SANITARY DISTRICT, OR CLOVERDALE WATER DISTRICT, OR COALEDO DRAINAGE DISTRICT, OR COBURG FIRE DISTRICT, OR COLESTIN RURAL FIRE DISTRICT, OR COLTON R.F.P.D., OR COLTON WATER DISTRICT #11, OR COLUMBIA 911 COMMUNICATIONS DISTRICT, OR COLUMBIA COUNTY 4-H & EXTENSION SERVICE DISTRICT, OR COLUMBIA DRAINAGE VECTOR CONTROL, OR COLUMBIA IMPROVEMENT DISTRICT, OR COLUMBIA R.F.P.D., OR COLUMBIA RIVER FIRE & RESCUE, OR COLUMBIA RIVER PUD, OR COLUMBIA S.W.C.D., OR COLUMBIA S.W.C.D., OR CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION COOS COUNTY AIRPORT DISTRICT, OR COOS COUNTY AIRPORT DISTRICT, OR COOS COUNTY AREA TRANSIT SERVICE DISTRICT, OR COOS COUNTY AREA TRANSIT SERVICE DISTRICT, OR COOS FOREST PROTECTIVE ASSOCIATION COOS S.W.C.D., OR COQUILLE R.F.P.D., OR COQUILLE VALLEY HOSPITAL DISTRICT, OR CORBETT WATER DISTRICT, OR CORNELIUS R.F.P.D., OR CORP RANCH ROAD WATER IMPROVEMENT, OR CORVALLIS R.F.P.D., OR COUNTRY CLUB ESTATES SPECIAL WATER DISTRICT, OR COUNTRY CLUB WATER DISTRICT, OR COUNTRY ESTATES ROAD DISTRICT, OR COVE CEMETERY MAINTENANCE DISTRICT, OR COVE ORCHARD SEWER SERVICE DISTRICT, OR COVE R.F.P.D., OR CRESCENT R.F.P.D., OR CRESCENT SANITARY DISTRICT, OR CRESCENT WATER SUPPLY AND IMPROVEMENT DISTRICT, OR CROOK COUNTY AGRICULTURE EXTENSION SERVICE DISTRICT, OR CROOK COUNTY CEMETERY DISTRICT, OR CROOK COUNTY FIRE AND RESCUE, OR CROOK COUNTY PARKS & RECREATION DISTRICT, OR CROOK COUNTY S.W.C.D., OR CROOK COUNTY VECTOR CONTROL DISTRICT, OR CROOKED RIVER RANCH R.F.P.D., OR CROOKED RIVER RANCH SPECIAL ROAD DISTRICT, OR CRYSTAL SPRINGS WATER DISTRICT, OR CURRY COUNTY 4-H & EXTENSION SERVICE DISTRICT, OR CURRY COUNTY PUBLIC TRANSIT SERVICE DISTRICT, OR CURRY COUNTY S.W.C.D., OR CURRY HEALTH DISTRICT, OR CURRY PUBLIC LIBRARY DISTRICT, OR DALLAS CEMETERY DISTRICT #4, OR DARLEY DRIVE SPECIAL ROAD DISTRICT, OR DAVID CROCKETT STEAM FIRE COMPANY #1, LA DAYS CREEK R.F.P.D., OR DAYTON FIRE DISTRICT, OR DEAN MINARD WATER DISTRICT, OR DEE IRRIGATION DISTRICT, OR DEER ISLAND DRAINAGE IMPROVEMENT COMPANY, OR DELL BROGAN CEMETERY MAINTENANCE DISTRICT, OR DEPOE BAY R.F.P.D., OR DESCHUTES COUNTY 911 SERVICE DISTRICT, OR DESCHUTES COUNTY R.F.P.D. #2, OR DESCHUTES PUBLIC LIBRARY DISTRICT, OR DESCHUTES S.W.C.D., OR DESCHUTES VALLEY WATER DISTRICT, OR DEVILS LAKE WATER IMPROVEMENT DISTRICT, OR DEXTER R.F.P.D., OR DEXTER SANITARY DISTRICT, OR DORA-SITKUM R.F.P.D., OR DOUGLAS COUNTY FIRE DISTRICT #2, OR DOUGLAS S.W.C.D., OR DRAKES CROSSING R.F.P.D., OR DRRH SPECIAL ROAD DISTRICT #6, OR DRY GULCH DITCH DISTRICT IMPROVEMENT COMPANY, OR DUFUR RECREATION DISTRICT, OR DUMBECK LANE DOMESTIC WATER SUPPLY, OR DUNDEE R.F.P.D., OR DURKEE COMMUNITY BUILDING PRESERVATION DISTRICT, OR EAGLE POINT IRRIGATION DISTRICT, OR EAGLE VALLEY CEMETERY MAINTENANCE DISTRICT, OR EAGLE VALLEY R.F.P.D., OR EAGLE VALLEY S.W.C.D., OR EAST FORK IRRIGATION DISTRICT, OR EAST MULTNOMAH S.W.C.D., OR EAST SALEM SERVICE DISTRICT, OR EAST UMATILLA CHEMICAL CONTROL DISTRICT, OR EAST UMATILLA COUNTY AMBULANCE AREA HEALTH DISTRICT, OR EAST UMATILLA COUNTY R.F.P.D., OR EAST VALLEY WATER DISTRICT, OR ELGIN COMMUNITY PARKS & RECREATION DISTRICT, OR ELGIN HEALTH DISTRICT, OR ELGIN R.F.P.D., OR ELKTON ESTATES PHASE II SPECIAL ROAD DISTRICT, OR Requirements for National Cooperative Contract Page 47 of 57 ELKTON R.F.P.D., OR EMERALD P.U.D., OR ENTERPRISE IRRIGATION DISTRICT, OR ESTACADA CEMETERY MAINTENANCE DISTRICT, OR ESTACADA R.F.P.D. #69, OR EUGENE R.F.P.D. # 1, OR EUGENE WATER AND ELECTRIC BOARD EVANS VALLEY FIRE DISTRICT #6, OR FAIR OAKS R.F.P.D., OR FAIRVIEW R.F.P.D., OR FAIRVIEW WATER DISTRICT, OR FALCON HEIGHTS WATER AND SEWER, OR FALCON -COVE BEACH WATER DISTRICT, OR FALL RIVER ESTATES SPECIAL ROAD DISTRICT, OR FARGO INTERCHANGE SERVICE DISTRICT, OR FARMERS IRRIGATION DISTRICT, OR FAT ELK DRAINAGE DISTRICT, OR FERN RIDGE PUBLIC LIBRARY DISTRICT, OR FERN VALLEY ESTATES IMPROVEMENT DISTRICT, OR FOR FAR ROAD DISTRICT, OR FOREST GROVE R.F.P.D., OR FOREST VIEW SPECIAL ROAD DISTRICT, OR FORT ROCK -SILVER LAKE S.W.C.D., OR FOUR RIVERS VECTOR CONTROL DISTRICT, OR FOX CEMETERY MAINTENANCE DISTRICT, OR GARDINER R.F.P.D., OR GARDINER SANITARY DISTRICT, OR GARIBALDI R.F.P.D., OR GASTON R.F.P.D., OR GATES R.F.P.D., OR GEARHART R.F.P.D., OR GILLIAM S.W.C.D., OR GLENDALE AMBULANCE DISTRICT, OR GLENDALE R.F.P.D., OR GLENEDEN BEACH SPECIAL ROAD DISTRICT, OR GLENEDEN SANITARY DISTRICT, OR GLENWOOD WATER DISTRICT, OR GLIDE - IDLEYLD SANITARY DISTRICT, OR GLIDE R.F.P.D., OR GOLD BEACH - WEDDERBURN R.F.P.D., OR GOLD HILL IRRIGATION DISTRICT, OR GOLDFINCH ROAD DISTRICT, OR GOSHEN R.F.P.D., OR GOVERNMENT CAMP ROAD DISTRICT, OR GOVERNMENT CAMP SANITARY DISTRICT, OR GRAND PRAIRIE WATER CONTROL DISTRICT, OR GRAND RONDE SANITARY DISTRICT, OR GRANT COUNTY TRANSPORTATION DISTRICT, OR GRANT S.W.C.D., OR GRANTS PASS IRRIGATION DISTRICT, OR GREATER BOWEN VALLEY R.F.P.D., OR GREATER ST. HELENS PARK & RECREATION DISTRICT, OR GREATER TOLEDO POOL RECREATION DISTRICT, OR GREEN KNOLLS SPECIAL ROAD DISTRICT, OR GREEN SANITARY DISTRICT, OR GREENACRES R.F.P.D., OR GREENBERRY IRRIGATION DISTRICT, OR GREENSPRINGS RURAL FIRE DISTRICT, OR HAHLEN ROAD SPECIAL DISTRICT, OR HAINES CEMETERY MAINTENANCE DISTRICT, OR HAINES FIRE PROTECTION DISTRICT, OR HALSEY-SHEDD R.F.P.D., OR HAMLET R.F.P.D., OR HARBOR R.F.P.D., OR HARBOR SANITARY DISTRICT, OR HARBOR WATER P.U.D., OR HARNEY COUNTY HEALTH DISTRICT, OR HARNEY S.W.C.D., OR HARPER SOUTH SIDE IRRIGATION DISTRICT, OR HARRISBURG FIRE AND RESCUE, OR HAUSER R.F.P.D., OR HAZELDELL RURAL FIRE DISTRICT, OR HEBO JOINT WATER -SANITARY AUTHORITY, OR HECETA WATER P.U.D., OR HELIX CEMETERY MAINTENANCE DISTRICT #4, OR HELIX PARK & RECREATION DISTRICT, OR HELIX R.F.P.D. #7-411, OR HEPPNER CEMETERY MAINTENANCE DISTRICT, OR HEPPNER R.F.P.D., OR HEPPNER WATER CONTROL DISTRICT, OR HEREFORD COMMUNITY HALL RECREATION DISTRICT, OR HERMISTON CEMETERY DISTRICT, OR HERMISTON IRRIGATION DISTRICT, OR HIDDEN VALLEY MOBILE ESTATES IMPROVEMENT DISTRICT, OR HIGH DESERT PARK & RECREATION DISTRICT, OR HIGHLAND SUBDIVISION WATER DISTRICT, OR HONOLULU INTERNATIONAL AIRPORT HOOD RIVER COUNTY LIBRARY DISTRICT, OR HOOD RIVER COUNTY TRANSPORTATION DISTRICT, OR HOOD RIVER S.W.C.D., OR HOOD RIVER VALLEY PARKS & RECREATION DISTRICT, OR HOODLAND FIRE DISTRICT #74 HOODLAND FIRE DISTRICT #74, OR HORSEFLY IRRIGATION DISTRICT, OR HOSKINS-KINGS VALLEY R.F.P.D., OR HOUSING AUTHORITY OF PORTLAND HUBBARD R.F.P.D., OR HUDSON BAY DISTRICT IMPROVEMENT COMPANY, OR I N (KAY) YOUNG DITCH DISTRICT IMPROVEMENT COMPANY, OR ICE FOUNTAIN WATER DISTRICT, OR IDAHO POINT SPECIAL ROAD DISTRICT, OR IDANHA-DETROIT RURAL FIRE PROTECTION DISTRICT, OR ILLINOIS VALLEY FIRE DISTRICT ILLINOIS VALLEY R.F.P.D., OR ILLINOIS VALLEY S.W.C.D., OR IMBLER R.F.P.D., OR INTERLACHEN WATER P.U.D., OR IONE LIBRARY DISTRICT, OR IONE R.F.P.D. #6-604, OR IRONSIDE CEMETERY MAINTENANCE DISTRICT, OR IRONSIDE RURAL ROAD DISTRICT #5, OR IRRIGON PARK & RECREATION DISTRICT, OR IRRIGON R.F.P.D., OR ISLAND CITY AREA SANITATION DISTRICT, OR ISLAND CITY CEMETERY MAINTENANCE DISTRICT, OR JACK PINE VILLAGE SPECIAL ROAD DISTRICT, OR JACKSON COUNTY FIRE DISTRICT #3, OR JACKSON COUNTY FIRE DISTRICT #4, OR Requirements for National Cooperative Contract Page 48 of 57 JACKSON COUNTY FIRE DISTRICT #5, OR JACKSON COUNTY LIBRARY DISTRICT, OR JACKSON COUNTY VECTOR CONTROL DISTRICT, OR JACKSON S.W.C.D., OR JASPER KNOLLS WATER DISTRICT, OR JEFFERSON COUNTY EMERGENCY MEDICAL SERVICE DISTRICT, OR JEFFERSON COUNTY FIRE DISTRICT #1, OR JEFFERSON COUNTY LIBRARY DISTRICT, OR JEFFERSON COUNTY S.W.C.D., OR JEFFERSON PARK & RECREATION DISTRICT, OR JEFFERSON R.F.P.D., OR JOB'S DRAINAGE DISTRICT, OR JOHN DAY WATER DISTRICT, OR JOHN DAY -CANYON CITY PARKS & RECREATION DISTRICT, OR JOHN DAY-FERNHILL R.F.P.D. #5-108, OR JORDAN VALLEY CEMETERY DISTRICT, OR JORDAN VALLEY IRRIGATION DISTRICT, OR JOSEPHINE COMMUNITY LIBRARY DISTRICT, OR JOSEPHINE COUNTY 4-H & EXTENSION SERVICE DISTRICT, OR JOSEPHINE COUNTY 911 AGENCY, OR JUNCTION CITY R.F.P.D., OR JUNCTION CITY WATER CONTROL DISTRICT, OR JUNIPER BUTTE ROAD DISTRICT, OR JUNIPER CANYON WATER CONTROL DISTRICT, OR JUNIPER FLAT DISTRICT IMPROVEMENT COMPANY, OR JUNIPER FLAT R.F.P.D., OR JUNO NONPROFIT WATER IMPROVEMENT DISTRICT, OR KEATING R.F.P.D., OR KEATING S.W.C.D., OR KEIZER R.F.P.D., OR KELLOGG RURAL FIRE DISTRICT, OR KENO IRRIGATION DISTRICT, OR KENO PINES ROAD DISTRICT, OR KENO R.F.P.D., OR KENT WATER DISTRICT, OR KERBY WATER DISTRICT, OR K-GB-LB WATER DISTRICT, OR KILCHIS WATER DISTRICT, OR KLAMATH 9-1-1 COMMUNICATIONS DISTRICT, OR KLAMATH BASIN IMPROVEMENT DISTRICT, OR KLAMATH COUNTY DRAINAGE SERVICE DISTRICT, OR KLAMATH COUNTY EXTENSION SERVICE DISTRICT, OR KLAMATH COUNTY FIRE DISTRICT #1, OR KLAMATH COUNTY FIRE DISTRICT #3, OR KLAMATH COUNTY FIRE DISTRICT #4, OR KLAMATH COUNTY FIRE DISTRICT #5, OR KLAMATH COUNTY LIBRARY SERVICE DISTRICT, OR KLAMATH COUNTY PREDATORY ANIMAL CONTROL DISTRICT, OR KLAMATH DRAINAGE DISTRICT, OR KLAMATH FALLS FOREST ESTATES SPECIAL ROAD DISTRICT UNIT #2, OR KLAMATH INTEROPERABILITY RADIO GROUP, OR KLAMATH IRRIGATION DISTRICT, OR KLAMATH RIVER ACRES SPECIAL ROAD DISTRICT, OR KLAMATH S.W.C.D., OR KLAMATH VECTOR CONTROL DISTRICT, OR KNAPPA-SVENSEN-BURNSIDE R.F.P.D., OR LA GRANDE CEMETERY MAINTENANCE DISTRICT, OR LA GRANDE R.F.P.D., OR LA PINE PARK & RECREATION DISTRICT, OR LA PINE R.F.P.D., OR LABISH VILLAGE SEWAGE & DRAINAGE, OR LACOMB IRRIGATION DISTRICT, OR LAFAYETTE AIRPORT COMMISSION, LA LAFOURCHE PARISH HEALTH UNIT - DHH-OPH REGION 3 LAIDLAW WATER DISTRICT, OR LAKE CHINOOK FIRE & RESCUE, OR LAKE COUNTY 4-H & EXTENSION SERVICE DISTRICT, OR LAKE COUNTY LIBRARY DISTRICT, OR LAKE CREEK R.F.P.D. - JACKSON, OR LAKE CREEK R.F.P.D. - LANE COUNTY, OR LAKE DISTRICT HOSPITAL, OR LAKE GROVE R.F.P.D. NO. 57, OR LAKE GROVE WATER DISTRICT, OR LAKE LABISH WATER CONTROL DISTRICT, OR LAKE POINT SPECIAL ROAD DISTRICT, OR LAKESIDE R.F.P.D. #4, OR LAKESIDE WATER DISTRICT, OR LAKEVIEW R.F.P.D., OR LAKEVIEW S.W.C.D., OR LAMONTAI IMPROVEMENT DISTRICT, OR LANE FIRE AUTHORITY, OR LANE LIBRARY DISTRICT, OR LANE TRANSIT DISTRICT, OR LANGELL VALLEY IRRIGATION DISTRICT, OR LANGLOIS PUBLIC LIBRARY, OR LANGLOIS R.F.P.D., OR LANGLOIS WATER DISTRICT, OR LAZY RIVER SPECIAL ROAD DISTRICT, OR LEBANON AQUATIC DISTRICT, OR LEBANON R.F.P.D., OR LEWIS & CLARK R.F.P.D., OR LINCOLN COUNTY LIBRARY DISTRICT, OR LINCOLN S.W.C.D., OR LINN COUNTY EMERGENCY TELEPHONE AGENCY, OR LINN S.W.C.D., OR LITTLE MUDDY CREEK WATER CONTROL, OR LITTLE NESTUCCA DRAINAGE DISTRICT, OR LITTLE SWITZERLAND SPECIAL ROAD DISTRICT, OR LONE PINE IRRIGATION DISTRICT, OR LONG PRAIRIE WATER DISTRICT, OR LOOKINGGLASS OLALLA WATER CONTROL DISTRICT, OR LOOKINGGLASS RURAL FIRE DISTRICT, OR LORANE R.F.P.D., OR LOST & BOULDER DITCH IMPROVEMENT DISTRICT, OR LOST CREEK PARK SPECIAL ROAD DISTRICT, OR LOUISIANA PUBLIC SERVICE COMMISSION, LA LOUISIANA WATER WORKS LOWELL R.F.P.D., OR LOWER MCKAY CREEK R.F.P.D., OR LOWER MCKAY CREEK WATER CONTROL DISTRICT, OR LOWER POWDER RIVER IRRIGATION DISTRICT, OR LOWER SILETZ WATER DISTRICT, OR Requirements for National Cooperative Contract Page 49 of 57 LOWER UMPQUA HOSPITAL DISTRICT, OR LOWER UMPQUA PARK & RECREATION DISTRICT, OR LOWER VALLEY WATER IMPROVEMENT DISTRICT, OR LUCE LONG DITCH DISTRICT IMPROVEMENT CO., OR LUSTED WATER DISTRICT, OR LYONS R.F.P.D., OR LYONS-MEHAMA WATER DISTRICT, OR MADRAS AQUATIC CENTER DISTRICT, OR MAKAI SPECIAL ROAD DISTRICT, OR MALHEUR COUNTY S.W.C.D., OR MALHEUR COUNTY VECTOR CONTROL DISTRICT, OR MALHEUR DISTRICT IMPROVEMENT COMPANY, OR MALHEUR DRAINAGE DISTRICT, OR MALHEUR MEMORIAL HEALTH DISTRICT, OR MALIN COMMUNITY CEMETERY MAINTENANCE DISTRICT, OR MALIN COMMUNITY PARK & RECREATION DISTRICT, OR MALIN IRRIGATION DISTRICT, OR MALIN R.F.P.D., OR MAPLETON FIRE DEPARTMENT, OR MAPLETON WATER DISTRICT, OR MARCOLA WATER DISTRICT, OR MARION COUNTY EXTENSION & 4H SERVICE DISTRICT, OR MARION COUNTY FIRE DISTRICT #1, OR MARION JACK IMPROVEMENT DISTRICT, OR MARION S.W.C.D., OR MARY'S RIVER ESTATES ROAD DISTRICT, OR MCDONALD FOREST ESTATES SPECIAL ROAD DISTRICT, OR MCKAY ACRES IMPROVEMENT DISTRICT, OR MCKAY DAM R.F.P.D. # 7-410, OR MCKENZIE FIRE & RESCUE, OR MCKENZIE PALISADES WATER SUPPLY CORPORATION, OR MCMINNVILLE R.F.P.D., OR MCNULTY WATER P.U.D., OR MEADOWS DRAINAGE DISTRICT, OR MEDFORD IRRIGATION DISTRICT, OR MEDFORD R.F.P.D. #2, OR MEDFORD WATER COMMISSION MEDICAL SPRINGS R.F.P.D., OR MELHEUR COUNTY JAIL, OR MERLIN COMMUNITY PARK DISTRICT, OR MERRILL CEMETERY MAINTENANCE DISTRICT, OR MERRILL PARK DISTRICT, OR MERRILL R.F.P.D., OR METRO REGIONAL GOVERNMENT METRO REGIONAL PARKS METROPOLITAN EXPOSITION RECREATION COMMISSION METROPOLITAN SERVICE DISTRICT (METRO) MID COUNTY CEMETERY MAINTENANCE DISTRICT, OR MID-COLUMBIA FIRE AND RESCUE, OR MIDDLE FORK IRRIGATION DISTRICT, OR MIDLAND COMMUNITY PARK, OR MIDLAND DRAINAGE IMPROVEMENT DISTRICT, OR MILES CROSSING SANITARY SEWER DISTRICT, OR MILL CITY R.F.P.D. #2-303, OR MILL FOUR DRAINAGE DISTRICT, OR MILLICOMA RIVER PARK & RECREATION DISTRICT, OR MILLINGTON R.F.P.D. #5, OR MILO VOLUNTEER FIRE DEPARTMENT, OR MILTON-FREEWATER AMBULANCE SERVICE AREA HEALTH DISTRICT, OR MILTON-FREEWATER WATER CONTROL DISTRICT, OR MIROCO SPECIAL ROAD DISTRICT, OR MIST-BIRKENFELD R.F.P.D., OR MODOC POINT IRRIGATION DISTRICT, OR MODOC POINT SANITARY DISTRICT, OR MOHAWK VALLEY R.F.P.D., OR MOLALLA AQUATIC DISTRICT, OR MOLALLA R.F.P.D. #73, OR MONITOR R.F.P.D., OR MONROE R.F.P.D., OR MONUMENT CEMETERY MAINTENANCE DISTRICT, OR MONUMENT S.W.C.D., OR MOOREA DRIVE SPECIAL ROAD DISTRICT, OR MORO R.F.P.D., OR MORROW COUNTY HEALTH DISTRICT, OR MORROW COUNTY UNIFIED RECREATION DISTRICT, OR MORROW S.W.C.D., OR MOSIER FIRE DISTRICT, OR MOUNTAIN DRIVE SPECIAL ROAD DISTRICT, OR MT. ANGEL R.F.P.D., OR MT. HOOD IRRIGATION DISTRICT, OR MT. LAKI CEMETERY DISTRICT, OR MT. VERNON R.F.P.D., OR MULINO WATER DISTRICT #1, OR MULTNOMAH COUNTY DRAINAGE DISTRICT #1, OR MULTNOMAH COUNTY R.F.P.D. #10, OR MULTNOMAH COUNTY R.F.P.D. #14, OR MULTNOMAH EDUCATION SERVICE DISTRICT MYRTLE CREEK R.F.P.D., OR NEAR-KAH-NIE WATER DISTRICT, OR NEDONNA R.F.P.D., OR NEHALEM BAY FIRE AND RESCUE, OR NEHALEM BAY HEALTH DISTRICT, OR NEHALEM BAY WASTEWATER AGENCY, OR NESIKA BEACH-OPHIR WATER DISTRICT, OR NESKOWIN REGIONAL SANITARY AUTHORITY, OR NESKOWIN REGIONAL WATER DISTRICT, OR NESTUCCA R.F.P.D., OR NETARTS WATER DISTRICT, OR NETARTS-OCEANSIDE R.F.P.D., OR NETARTS-OCEANSIDE SANITARY DISTRICT, OR NEW BRIDGE WATER SUPPLY DISTRICT, OR NEW CARLTON FIRE DISTRICT, OR NEW ORLEANS REDEVELOPMENT AUTHORITY, LA NEW PINE CREEK R.F.P.D., OR NEWBERG R.F.P.D., OR NEWBERRY ESTATES SPECIAL ROAD DISTRICT, OR NEWPORT R.F.P.D., OR NEWT YOUNG DITCH DISTRICT IMPROVEMENT COMPANY, OR NORTH ALBANY R.F.P.D., OR NORTH BAY R.F.P.D. #9, OR NORTH CLACKAMAS PARKS & RECREATION DISTRICT, OR NORTH COUNTY RECREATION DISTRICT, OR Requirements for National Cooperative Contract Page 50 of 57 NORTH DOUGLAS COUNTY FIRE & EMS, OR NORTH DOUGLAS PARK & RECREATION DISTRICT, OR NORTH GILLIAM COUNTY HEALTH DISTRICT, OR NORTH GILLIAM COUNTY R.F.P.D., OR NORTH LAKE HEALTH DISTRICT, OR NORTH LEBANON WATER CONTROL DISTRICT, OR NORTH LINCOLN FIRE & RESCUE DISTRICT #1, OR NORTH LINCOLN HEALTH DISTRICT, OR NORTH MORROW VECTOR CONTROL DISTRICT, OR NORTH SHERMAN COUNTY R.F.P.D, OR NORTH UNIT IRRIGATION DISTRICT, OR NORTHEAST OREGON HOUSING AUTHORITY, OR NORTHEAST WHEELER COUNTY HEALTH DISTRICT, OR NORTHERN WASCO COUNTY P.U.D., OR NORTHERN WASCO COUNTY PARK & RECREATION DISTRICT, OR NYE DITCH USERS DISTRICT IMPROVEMENT, OR NYSSA ROAD ASSESSMENT DISTRICT #2, OR NYSSA RURAL FIRE DISTRICT, OR NYSSA-ARCADIA DRAINAGE DISTRICT, OR OAK LODGE WATER SERVICES, OR OAKLAND R.F.P.D., OR OAKVILLE COMMUNITY CENTER, OR OCEANSIDE WATER DISTRICT, OR OCHOCO IRRIGATION DISTRICT, OR OCHOCO WEST WATER AND SANITARY AUTHORITY, OR ODELL SANITARY DISTRICT, OR OLD OWYHEE DITCH IMPROVEMENT DISTRICT, OR OLNEY-WALLUSKI FIRE & RESCUE DISTRICT, OR ONTARIO LIBRARY DISTRICT, OR ONTARIO R.F.P.D., OR OPHIR R.F.P.D., OR OREGON COAST COMMUNITY ACTION OREGON HOUSING AND COMMUNITY SERVICES OREGON INTERNATIONAL PORT OF COOS BAY, OR OREGON LEGISLATIVE ADMINISTRATION OREGON OUTBACK R.F.P.D., OR OREGON POINT, OR OREGON TRAIL LIBRARY DISTRICT, OR OTTER ROCK WATER DISTRICT, OR OWW UNIT #2 SANITARY DISTRICT, OR OWYHEE CEMETERY MAINTENANCE DISTRICT, OR OWYHEE IRRIGATION DISTRICT, OR PACIFIC CITY JOINT WATER -SANITARY AUTHORITY, OR PACIFIC COMMUNITIES HEALTH DISTRICT, OR PACIFIC RIVIERA #3 SPECIAL ROAD DISTRICT, OR PALATINE HILL WATER DISTRICT, OR PALMER CREEK WATER DISTRICT IMPROVEMENT COMPANY, OR PANORAMIC ACCESS SPECIAL ROAD DISTRICT, OR PANTHER CREEK ROAD DISTRICT, OR PANTHER CREEK WATER DISTRICT, OR PARKDALE R.F.P.D., OR PARKDALE SANITARY DISTRICT, OR PENINSULA DRAINAGE DISTRICT #1, OR PENINSULA DRAINAGE DISTRICT #2, OR PHILOMATH FIRE AND RESCUE, OR PILOT ROCK CEMETERY MAINTENANCE DISTRICT #5, OR PILOT ROCK PARK & RECREATION DISTRICT, OR PILOT ROCK R.F.P.D., OR PINE EAGLE HEALTH DISTRICT, OR PINE FLAT DISTRICT IMPROVEMENT COMPANY, OR PINE GROVE IRRIGATION DISTRICT, OR PINE GROVE WATER DISTRICT-KLAMATH FALLS, OR PINE GROVE WATER DISTRICT-MAUPIN, OR PINE VALLEY CEMETERY DISTRICT, OR PINE VALLEY R.F.P.D., OR PINEWOOD COUNTRY ESTATES SPECIAL ROAD DISTRICT, OR PIONEER DISTRICT IMPROVEMENT COMPANY, OR PISTOL RIVER CEMETERY MAINTENANCE DISTRICT, OR PISTOL RIVER FIRE DISTRICT, OR PLEASANT HILL R.F.P.D., OR PLEASANT HOME WATER DISTRICT, OR POCAHONTAS MINING AND IRRIGATION DISTRICT, OR POE VALLEY IMPROVEMENT DISTRICT, OR POE VALLEY PARK & RECREATION DISTRICT, OR POE VALLEY VECTOR CONTROL DISTRICT, OR POLK COUNTY FIRE DISTRICT #1, OR POLK S.WCD., OR POMPADOUR WATER IMPROVEMENT DISTRICT, OR PONDEROSA PINES EAST SPECIAL ROAD DISTRICT, OR PORT OF ALSEA, OR PORT OF ARLINGTON, OR PORT OF ASTORIA, OR PORT OF BANDON, OR PORT OF BRANDON, OR PORT OF BROOKINGS HARBOR, OR PORT OF CASCADE LOCKS, OR PORT OF COQUILLE RIVER, OR PORT OF GARIBALDI, OR PORT OF GOLD BEACH, OR PORT OF HOOD RIVER, OR PORT OF MORGAN CITY, LA PORT OF MORROW, OR PORT OF NEHALEM, OR PORT OF NEWPORT, OR PORT OF PORT ORFORD, OR PORT OF PORTLAND, OR PORT OF SIUSLAW, OR PORT OF ST. HELENS, OR PORT OF THE DALLES, OR PORT OF TILLAMOOK BAY, OR PORT OF TOLEDO, OR PORT OF UMATILLA, OR PORT OF UMPQUA, OR PORT ORFORD CEMETERY MAINTENANCE DISTRICT, OR PORT ORFORD PUBLIC LIBRARY DISTRICT, OR PORT ORFORD R.F.P.D., OR PORTLAND DEVELOPMENT COMMISSION, OR PORTLAND FIRE AND RESCUE PORTLAND HOUSING CENTER, OR POWDER R.F.P.D., OR POWDER RIVER R.F.P.D., OR POWDER VALLEY WATER CONTROL DISTRICT, OR POWERS HEALTH DISTRICT, OR PRAIRIE CEMETERY MAINTENANCE DISTRICT, OR PRINEVILLE LAKE ACRES SPECIAL ROAD DISTRICT #1, OR PROSPECT R.F.P.D., OR Requirements for National Cooperative Contract Page 51 of 57 QUAIL VALLEY PARK IMPROVEMENT DISTRICT, OR SANTIAM WATER CONTROL DISTRICT, OR QUEENER IRRIGATION IMPROVEMENT DISTRICT, SAUVIE ISLAND DRAINAGE IMPROVEMENT OR COMPANY, OR RAINBOW WATER DISTRICT, OR SAUVIE ISLAND VOLUNTEER FIRE DISTRICT #30J, RAINIER CEMETERY DISTRICT, OR OR RAINIER DRAINAGE IMPROVEMENT COMPANY, OR SCAPPOOSE DRAINAGE IMPROVEMENT COMPANY, RALEIGH WATER DISTRICT, OR OR REDMOND AREA PARK & RECREATION DISTRICT, SCAPPOOSE PUBLIC LIBRARY DISTRICT, OR OR SCAPPOOSE R.F.P.D., OR REDMOND FIRE AND RESCUE, OR SCIO R.F.P.D., OR RIDDLE FIRE PROTECTION DISTRICT, OR SCOTTSBURG R.F.P.D., OR RIDGEWOOD DISTRICT IMPROVEMENT COMPANY, SEAL ROCK R.F.P.D., OR OR SEAL ROCK WATER DISTRICT, OR RIDGEWOOD ROAD DISTRICT, OR SEWERAGE AND WATER BOARD OF NEW ORLEANS, RIETH SANITARY DISTRICT, OR LA RIETH WATER DISTRICT, OR SHANGRI-LA WATER DISTRICT, OR RIMROCK WEST IMPROVEMENT DISTRICT, OR SHASTA VIEW IRRIGATION DISTRICT, OR RINK CREEK WATER DISTRICT, OR SHELLEY ROAD CREST ACRES WATER DISTRICT, RIVER BEND ESTATES SPECIAL ROAD DISTRICT, OR OR RIVER FOREST ACRES SPECIAL ROAD DISTRICT, OR SHERIDAN FIRE DISTRICT, OR RIVER MEADOWS IMPROVEMENT DISTRICT, OR SHERMAN COUNTY HEALTH DISTRICT, OR RIVER PINES ESTATES SPECIAL ROAD DISTRICT, OR SHERMAN COUNTY S.W.C.D., OR RIVER ROAD PARK & RECREATION DISTRICT, OR SHORELINE SANITARY DISTRICT, OR RIVER ROAD WATER DISTRICT, OR SILETZ KEYS SANITARY DISTRICT, OR RIVERBEND RIVERBANK WATER IMPROVEMENT SILETZ R.F.P.D., OR DISTRICT, OR SILVER FALLS LIBRARY DISTRICT, OR RIVERDALE R.F.P.D. 11-JT, OR SILVER LAKE IRRIGATION DISTRICT, OR RIVERGROVE WATER DISTRICT, OR SILVER LAKE R.F.P.D., OR RIVERSIDE MISSION WATER CONTROL DISTRICT, SILVER SANDS SPECIAL ROAD DISTRICT, OR OR SILVERTON R.F.P.D. NO.2, OR RIVERSIDE R.F.P.D. #7-406, OR SISTERS PARKS & RECREATION DISTRICT, OR RIVERSIDE WATER DISTRICT, OR SISTERS -CAMP SHERMAN R.F.P.D., OR ROBERTS CREEK WATER DISTRICT, OR SIUSLAW PUBLIC LIBRARY DISTRICT, OR ROCK CREEK DISTRICT IMPROVEMENT, OR SIUSLAW S.W.C.D., OR ROCK CREEK WATER DISTRICT, OR SIUSLAW VALLEY FIRE AND RESCUE, OR ROCKWOOD WATER P.U.D., OR SIXES R.F.P.D., OR ROCKY POINT FIRE & EMS, OR SKIPANON WATER CONTROL DISTRICT, OR ROGUE RIVER R.F.P.D., OR SKYLINE VIEW DISTRICT IMPROVEMENT ROGUE RIVER VALLEY IRRIGATION DISTRICT, OR COMPANY, OR ROGUE VALLEY SEWER SERVICES, OR SLEEPY HOLLOW WATER DISTRICT, OR ROGUE VALLEY SEWER, OR SMITH DITCH DISTRICT IMPROVEMENT COMPANY, ROGUE VALLEY TRANSPORTATION DISTRICT, OR OR ROSEBURG URBAN SANITARY AUTHORITY, OR SOUTH CLACKAMAS TRANSPORTATION DISTRICT, ROSEWOOD ESTATES ROAD DISTRICT, OR OR ROW RIVER VALLEY WATER DISTRICT, OR SOUTH COUNTY HEALTH DISTRICT, OR RURAL ROAD ASSESSMENT DISTRICT #3, OR SOUTH FORK WATER BOARD, OR RURAL ROAD ASSESSMENT DISTRICT #4, OR SOUTH GILLIAM COUNTY CEMETERY DISTRICT, OR SAINT LANDRY PARISH TOURIST COMMISSION SOUTH GILLIAM COUNTY HEALTH DISTRICT, OR SAINT MARY PARISH REC DISTRICT 2 SOUTH GILLIAM COUNTY R.F.P.D. VI-301, OR SAINT MARY PARISH REC DISTRICT 3 SOUTH LAFOURCHE LEVEE DISTRICT, LA SAINT TAMMANY FIRE DISTRICT 4, LA SOUTH LANE COUNTY FIRE & RESCUE, OR SALEM AREA MASS TRANSIT DISTRICT, OR SOUTH SANTIAM RIVER WATER CONTROL SALEM MASS TRANSIT DISTRICT DISTRICT, OR SALEM SUBURBAN R.F.P.D., OR SOUTH SHERMAN FIRE DISTRICT, OR SALISHAN SANITARY DISTRICT, OR SOUTH SUBURBAN SANITARY DISTRICT, OR SALMON RIVER PARK SPECIAL ROAD DISTRICT, OR SOUTH WASCO PARK & RECREATION DISTRICT, OR SALMON RIVER PARK WATER IMPROVEMENT SOUTHERN COOS HEALTH DISTRICT, OR DISTRICT, OR SOUTHERN CURRY CEMETERY MAINTENANCE SALMONBERRY TRAIL INTERGOVERNMENTAL DISTRICT, OR AGENCY, OR SOUTHVIEW IMPROVEMENT DISTRICT, OR SANDPIPER VILLAGE SPECIAL ROAD DISTRICT, OR SOUTHWEST LINCOLN COUNTY WATER DISTRICT, SANDY DRAINAGE IMPROVEMENT COMPANY, OR OR SANDY R.F.P.D. #72, OR SOUTHWESTERN POLK COUNTY R.F.P.D., OR SANTA CLARA R.F.P.D., OR SOUTHWOOD PARK WATER DISTRICT, OR SANTA CLARA WATER DISTRICT, OR SPECIAL ROAD DISTRICT #1, OR Requirements for National Cooperative Contract Page 52 of 57 SPECIAL ROAD DISTRICT #8, OR SPRING RIVER SPECIAL ROAD DISTRICT, OR SPRINGFIELD UTILITY BOARD, OR ST. PAUL R.F.P.D., OR STANFIELD CEMETERY DISTRICT #6, OR STANFIELD IRRIGATION DISTRICT, OR STARR CREEK ROAD DISTRICT, OR STARWOOD SANITARY DISTRICT, OR STAYTON FIRE DISTRICT, OR SUBLIMITY FIRE DISTRICT, OR SUBURBAN EAST SALEM WATER DISTRICT, OR SUBURBAN LIGHTING DISTRICT, OR SUCCOR CREEK DISTRICT IMPROVEMENT COMPANY, OR SUMMER LAKE IRRIGATION DISTRICT, OR SUMMERVILLE CEMETERY MAINTENANCE DISTRICT, OR SUMMER R.F.P.D., OR SUN MOUNTAIN SPECIAL ROAD DISTRICT, OR SUNDOWN SANITATION DISTRICT, OR SUNFOREST ESTATES SPECIAL ROAD DISTRICT, OR SUNNYSIDE IRRIGATION DISTRICT, OR SUNRISE WATER AUTHORITY, OR SUNRIVER SERVICE DISTRICT, OR SUNSET EMPIRE PARK & RECREATION DISTRICT, OR SUNSET EMPIRE TRANSPORTATION DISTRICT, OR SURFLAND ROAD DISTRICT, OR SUTHERLIN VALLEY RECREATION DISTRICT, OR SUTHERLIN WATER CONTROL DISTRICT, OR SWALLEY IRRIGATION DISTRICT, OR SWEET HOME CEMETERY MAINTENANCE DISTRICT, OR SWEET HOME FIRE & AMBULANCE DISTRICT, OR SWISSHOME-DEADWOOD R.F.P.D., OR TABLE ROCK DISTRICT IMPROVEMENT COMPANY, OR TALENT IRRIGATION DISTRICT, OR TANGENT R.F.P.D., OR TENMILE R.F.P.D., OR TERREBONNE DOMESTIC WATER DISTRICT, OR THE DALLES IRRIGATION DISTRICT, OR THOMAS CREEK-WESTSIDE R.F.P.D., OR THREE RIVERS RANCH ROAD DISTRICT, OR THREE SISTERS IRRIGATION DISTRICT, OR TIGARD TUALATIN AQUATIC DISTRICT, OR TIGARD WATER DISTRICT, OR TILLAMOOK BAY FLOOD IMPROVEMENT DISTRICT, OR TILLAMOOK COUNTY EMERGENCY COMMUNICATIONS DISTRICT, OR TILLAMOOK COUNTY S.W.C.D., OR TILLAMOOK COUNTY TRANSPORTATION DISTRICT, OR TILLAMOOK FIRE DISTRICT, OR TILLAMOOK P.U.D., OR TILLER R.F.P.D., OR TOBIN DITCH DISTRICT IMPROVEMENT COMPANY, OR TOLEDO R.F.P.D., OR TONE WATER DISTRICT, OR TOOLEY WATER DISTRICT, OR TRASK DRAINAGE DISTRICT, OR TRI CITY R.F.P.D. #4, OR TRI-CITY WATER & SANITARY AUTHORITY, OR TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON TRIMET, OR TUALATIN HILLS PARK & RECREATION DISTRICT TUALATIN HILLS PARK & RECREATION DISTRICT, OR TUALATIN S.W.C.D., OR TUALATIN VALLEY FIRE & RESCUE TUALATIN VALLEY FIRE & RESCUE, OR TUALATIN VALLEY IRRIGATION DISTRICT, OR TUALATIN VALLEY WATER DISTRICT TUALATIN VALLEY WATER DISTRICT, OR TUMALO IRRIGATION DISTRICT, OR TURNER FIRE DISTRICT, OR TWIN ROCKS SANITARY DISTRICT, OR TWO RIVERS NORTH SPECIAL ROAD DISTRICT, OR TWO RIVERS S.W.C.D., OR TWO RIVERS SPECIAL ROAD DISTRICT, OR TYGH VALLEY R.F.P.D., OR TYGH VALLEY WATER DISTRICT, OR UMATILLA COUNTY FIRE DISTRICT #1, OR UMATILLA COUNTY S.W.C.D., OR UMATILLA COUNTY SPECIAL LIBRARY DISTRICT, OR UMATILLA HOSPITAL DISTRICT, OR UMATILLA R.F.P.D. #7-405, OR UMATILLA-MORROW RADIO AND DATA DISTRICT, OR UMPQUA S.W.C.D., OR UNION CEMETERY MAINTENANCE DISTRICT, OR UNION COUNTY SOLID WASTE DISPOSAL DISTRICT, OR UNION COUNTY VECTOR CONTROL DISTRICT, OR UNION GAP SANITARY DISTRICT, OR UNION GAP WATER DISTRICT, OR UNION HEALTH DISTRICT, OR UNION R.F.P.D., OR UNION S.W.C.D., OR UNITY COMMUNITY PARK & RECREATION DISTRICT, OR UPPER CLEVELAND RAPIDS ROAD DISTRICT, OR UPPER MCKENZIE R.F.P.D., OR UPPER WILLAMETTE S.W.C.D., OR VALE OREGON IRRIGATION DISTRICT, OR VALE RURAL FIRE PROTECTION DISTRICT, OR VALLEY ACRES SPECIAL ROAD DISTRICT, OR VALLEY VIEW CEMETERY MAINTENANCE DISTRICT, OR VALLEY VIEW WATER DISTRICT, OR VANDEVERT ACRES SPECIAL ROAD DISTRICT, OR VERNONIA R.F.P.D., OR VINEYARD MOUNTAIN PARK & RECREATION DISTRICT, OR VINEYARD MOUNTAIN SPECIAL ROAD DISTRICT, OR WALLA WALLA RIVER IRRIGATION DISTRICT, OR WALLOWA COUNTY HEALTH CARE DISTRICT, OR WALLOWA LAKE COUNTY SERVICE DISTRICT, OR WALLOWA LAKE IRRIGATION DISTRICT, OR WALLOWA LAKE R.F.P.D., OR WALLOWA S.W.C.D., OR WALLOWA VALLEY IMPROVEMENT DISTRICT #1, OR WAMIC R.F.P.D., OR WAMIC WATER & SANITARY AUTHORITY, OR Requirements for National Cooperative Contract Page 53 of 57 WARMSPRINGS IRRIGATION DISTRICT, OR WASCO COUNTY S.W.C.D., OR WATER ENVIRONMENT SERVICES, OR WATER WONDERLAND IMPROVEMENT DISTRICT, OR WATERBURY & ALLEN DITCH IMPROVEMENT DISTRICT, OR WATSECO-BARVIEW WATER DISTRICT, OR WAUNA WATER DISTRICT, OR WEDDERBURN SANITARY DISTRICT, OR WEST EAGLE VALLEY WATER CONTROL DISTRICT, OR WEST EXTENSION IRRIGATION DISTRICT, OR WEST LABISH DRAINAGE & WATER CONTROL IMPROVEMENT DISTRICT, OR WEST MULTNOMAH S.W.C.D., OR WEST SIDE R.F.P.D., OR WEST SLOPE WATER DISTRICT, OR WEST UMATILLA MOSQUITO CONTROL DISTRICT, OR WEST VALLEY FIRE DISTRICT, OR WESTERN HEIGHTS SPECIAL ROAD DISTRICT, OR WESTERN LANE AMBULANCE DISTRICT, OR WESTLAND IRRIGATION DISTRICT, OR WESTON ATHENA MEMORIAL HALL PARK & RECREATION DISTRICT, OR WESTON CEMETERY DISTRICT #2, OR WESTPORT FIRE AND RESCUE, OR WESTRIDGE WATER SUPPLY CORPORATION, OR WESTWOOD HILLS ROAD DISTRICT, OR WESTWOOD VILLAGE ROAD DISTRICT, OR WHEELER S.W.C.D., OR WHITE RIVER HEALTH DISTRICT, OR WIARD MEMORIAL PARK DISTRICT, OR WICKIUP WATER DISTRICT, OR WILLAKENZIE R.F.P.D., OR WILLAMALANE PARK & RECREATION DISTRICT, OR WILLAMALANE PARK AND RECREATION DISTRICT WILLAMETTE HUMANE SOCIETY WILLAMETTE RIVER WATER COALITION, OR WILLIAMS R.F.P.D., OR WILLOW CREEK PARK DISTRICT, OR WILLOW DALE WATER DISTRICT, OR WILSON RIVER WATER DISTRICT, OR WINCHESTER BAY R.F.P.D., OR WINCHESTER BAY SANITARY DISTRICT, OR WINCHUCK R.F.P.D., OR WINSTON-DILLARD R.F.P.D., OR WINSTON-DILLARD WATER DISTRICT, OR WOLF CREEK R.F.P.D., OR WOOD RIVER DISTRICT IMPROVEMENT COMPANY, OR WOODBURN R.F.P.D. NO. 6, OR WOODLAND PARK SPECIAL ROAD DISTRICT, OR WOODS ROAD DISTRICT, OR WRIGHT CREEK ROAD WATER IMPROVEMENT DISTRICT, OR WY'EAST FIRE DISTRICT, OR YACHATS R.F.P.D., OR YAMHILL COUNTY TRANSIT AREA, OR YAMHILL FIRE PROTECTION DISTRICT, OR YAMHILL SWCD, OR YONCALLA PARK & RECREATION DISTRICT, OR YOUNGS RIVER-LEWIS & CLARK WATER DISTRICT, OR ZUMWALT R.F.P.D., OR K-12 INCLUDING BUT NOT LIMITED TO: ACADIA PARISH SCHOOL BOARD BEAVERTON SCHOOL DISTRICT BEND -LA PINE SCHOOL DISTRICT BOGALUSA HIGH SCHOOL, LA BOSSIER PARISH SCHOOL BOARD BROOKING HARBOR SCHOOL DISTRICT CADDO PARISH SCHOOL DISTRICT CALCASIEU PARISH SCHOOL DISTRICT CANBY SCHOOL DISTRICT CANYONVILLE CHRISTIAN ACADEMY CASCADE SCHOOL DISTRICT CASCADES ACADEMY OF CENTRAL OREGON CENTENNIAL SCHOOL DISTRICT CENTRAL CATHOLIC HIGH SCHOOL CENTRAL POINT SCHOOL DISTRICT NO.6 CENTRAL SCHOOL DISTRICT 13J COOS BAY SCHOOL DISTRICT NO.9 CORVALLIS SCHOOL DISTRICT 509J COUNTY OF YAMHILL SCHOOL DISTRICT 29 CULVER SCHOOL DISTRICT DALLAS SCHOOL DISTRICT NO.2 DAVID DOUGLAS SCHOOL DISTRICT DAYTON SCHOOL DISTRICT NO.8 DE LA SALLE N CATHOLIC HS DESCHUTES COUNTY SCHOOL DISTRICT NO.6 DOUGLAS EDUCATIONAL DISTRICT SERVICE DUFUR SCHOOL DISTRICT NO.29 EAST BATON ROUGE PARISH SCHOOL DISTRICT ESTACADA SCHOOL DISTRICT NO. lOB FOREST GROVE SCHOOL DISTRICT GEORGE MIDDLE SCHOOL GLADSTONE SCHOOL DISTRICT GRANTS PASS SCHOOL DISTRICT 7 GREATER ALBANY PUBLIC SCHOOL DISTRICT GRESHAM BARLOW JOINT SCHOOL DISTRICT HEAD START OF LANE COUNTY HIGH DESERT EDUCATION SERVICE DISTRICT HILLSBORO SCHOOL DISTRICT HOOD RIVER COUNTY SCHOOL DISTRICT JACKSON CO SCHOOL DIST NO.9 JEFFERSON COUNTY SCHOOL DISTRICT 509-J JEFFERSON PARISH SCHOOL DISTRICT JEFFERSON SCHOOL DISTRICT JUNCTION CITY SCHOOLS, OR KLAMATH COUNTY SCHOOL DISTRICT KLAMATH FALLS CITY SCHOOLS LAFAYETTE PARISH SCHOOL DISTRICT LAKE OSWEGO SCHOOL DISTRICT 7J LANE COUNTY SCHOOL DISTRICT 4J LINCOLN COUNTY SCHOOL DISTRICT LINN CO. SCHOOL DIST. 95C LIVINGSTON PARISH SCHOOL DISTRICT LOST RIVER JR/SR HIGH SCHOOL LOWELL SCHOOL DISTRICT NO.71 MARION COUNTY SCHOOL DISTRICT MARION COUNTY SCHOOL DISTRICT 103 MARIST HIGH SCHOOL, OR MCMINNVILLE SCHOOL DISTRICT NOAO MEDFORD SCHOOL DISTRICT 549C MITCH CHARTER SCHOOL MONROE SCHOOL DISTRICT NO.1J Requirements for National Cooperative Contract Page 54 of 57 MORROW COUNTY SCHOOL DIST, OR MULTNOMAH EDUCATION SERVICE DISTRICT MULTISENSORY LEARNING ACADEMY MYRTLE PINT SCHOOL DISTRICT 41 NEAH-KAH-NIE DISTRICT NO.56 NEWBERG PUBLIC SCHOOLS NESTUCCA VALLEY SCHOOL DISTRICT NO.101 NOBEL LEARNING COMMUNITIES NORTH BEND SCHOOL DISTRICT 13 NORTH CLACKAMAS SCHOOL DISTRICT NORTH DOUGLAS SCHOOL DISTRICT NORTH WASCO CITY SCHOOL DISTRICT 21 NORTHWEST REGIONAL EDUCATION SERVICE DISTRICT ONTARIO MIDDLE SCHOOL OREGON TRAIL SCHOOL DISTRICT NOA6 ORLEANS PARISH SCHOOL DISTRICT PHOENIX -TALENT SCHOOL DISTRICT NOA PLEASANT HILL SCHOOL DISTRICT PORTLAND JEWISH ACADEMY PORTLAND PUBLIC SCHOOLS RAPIDES PARISH SCHOOL DISTRICT REDMOND SCHOOL DISTRICT REYNOLDS SCHOOL DISTRICT ROGUE RIVER SCHOOL DISTRICT ROSEBURG PUBLIC SCHOOLS SCAPPOOSE SCHOOL DISTRICT IJ SAINT TAMMANY PARISH SCHOOL BOARD, LA SEASIDE SCHOOL DISTRICT 10 SHERWOOD SCHOOL DISTRICT 88J SILVER FALLS SCHOOL DISTRICT 4J SOUTH LANE SCHOOL DISTRICT 45J3 SOUTHERN OREGON EDUCATION SERVICE DISTRICT SPRINGFIELD PUBLIC SCHOOLS SUTHERLIN SCHOOL DISTRICT SWEET HOME SCHOOL DISTRICT NO.55 TERREBONNE PARISH SCHOOL DISTRICT THE CATLIN GABEL SCHOOL TIGARD-TUALATIN SCHOOL DISTRICT UMATILLA MORROW ESD WEST LINN WILSONVILLE SCHOOL DISTRICT WILLAMETTE EDUCATION SERVICE DISTRICT WOODBURN SCHOOL DISTRICT YONCALLA SCHOOL DISTRICT ACADEMY FOR MATH ENGINEERING & SCIENCE (AMES), UT ALIANZA ACADEMY, UT ALPINE DISTRICT, UT AMERICAN LEADERSHIP ACADEMY, UT AMERICAN PREPARATORY ACADEMY, UT BAER CANYON HIGH SCHOOL FOR SPORTS & MEDICAL SCIENCES, UT BEAR RIVER CHARTER SCHOOL, UT BEAVER SCHOOL DISTRICT, UT BEEHIVE SCIENCE & TECHNOLOGY ACADEMY (BSTA) , UT BOX ELDER SCHOOL DISTRICT, UT CBA CENTER, UT CACHE SCHOOL DISTRICT, UT CANYON RIM ACADEMY, UT CANYONS DISTRICT, UT CARBON SCHOOL DISTRICT, UT CHANNING HALL, UT CHARTER SCHOOL LEWIS ACADEMY, UT CITY ACADEMY, UT DAGGETT SCHOOL DISTRICT, UT DAVINCI ACADEMY, UT DAVIS DISTRICT, UT DUAL IMMERSION ACADEMY, UT DUCHESNE SCHOOL DISTRICT, UT EARLY LIGHT ACADEMY AT DAYBREAK, UT EAST HOLLYWOOD HIGH, UT EDITH BOWEN LABORATORY SCHOOL, UT EMERSON ALCOTT ACADEMY, UT EMERY SCHOOL DISTRICT, UT ENTHEOS ACADEMY, UT EXCELSIOR ACADEMY, UT FAST FORWARD HIGH, UT FREEDOM ACADEMY, UT GARFIELD SCHOOL DISTRICT, UT GATEWAY PREPARATORY ACADEMY, UT GEORGE WASHINGTON ACADEMY, UT GOOD FOUNDATION ACADEMY, UT GRAND SCHOOL DISTRICT, UT GRANITE DISTRICT, UT GUADALUPE SCHOOL, UT HAWTHORN ACADEMY, UT INTECH COLLEGIATE HIGH SCHOOL, UT IRON SCHOOL DISTRICT, UT ITINERIS EARLY COLLEGE HIGH, UT JOHN HANCOCK CHARTER SCHOOL, UT JORDAN DISTRICT, UT JUAB SCHOOL DISTRICT, UT KANE SCHOOL DISTRICT, UT KARL G MAESER PREPARATORY ACADEMY, UT LAKEVIEW ACADEMY, UT LEGACY PREPARATORY ACADEMY, UT LIBERTY ACADEMY, UT LINCOLN ACADEMY, UT LOGAN SCHOOL DISTRICT, UT MARIA MONTESSORI ACADEMY, UT MERIT COLLEGE PREPARATORY ACADEMY, UT MILLARD SCHOOL DISTRICT, UT MOAB CHARTER SCHOOL, UT MONTICELLO ACADEMY, UT MORGAN SCHOOL DISTRICT, UT MOUNTAINVILLE ACADEMY, UT MURRAY SCHOOL DISTRICT, UT NAVIGATOR POINTE ACADEMY, UT NEBO SCHOOL DISTRICT, UT NO UT ACAD FOR MATH ENGINEERING & SCIENCE (NUAMES), UT NOAH WEBSTER ACADEMY, UT NORTH DAVIS PREPARATORY ACADEMY, UT NORTH SANPETE SCHOOL DISTRICT, UT NORTH STAR ACADEMY, UT NORTH SUMMIT SCHOOL DISTRICT, UT ODYSSEY CHARTER SCHOOL, UT OGDEN PREPARATORY ACADEMY, UT OGDEN SCHOOL DISTRICT, UT OPEN CLASSROOM, UT OPEN HIGH SCHOOL OF UTAH, UT OQUIRRH MOUNTAIN CHARTER SCHOOL, UT PARADIGM HIGH SCHOOL, UT PARK CITY SCHOOL DISTRICT, UT PINNACLE CANYON ACADEMY, UT MUTE SCHOOL DISTRICT, UT PROVIDENCE HALL, UT PROVO SCHOOL DISTRICT, UT Requirements for National Cooperative Contract Page 55 of 57 QUAIL RUN PRIMARY SCHOOL, UT QUEST ACADEMY, UT RANCHES ACADEMY, UT REAGAN ACADEMY, UT RENAISSANCE ACADEMY, UT RICH SCHOOL DISTRICT, UT ROCKWELL CHARTER HIGH SCHOOL, UT SALT LAKE ARTS ACADEMY, UT SALT LAKE CENTER FOR SCIENCE EDUCATION, UT SALT LAKE SCHOOL DISTRICT, UT SALT LAKE SCHOOL FOR THE PERFORMING ARTS, UT SAN JUAN SCHOOL DISTRICT, UT SEVIER SCHOOL DISTRICT, UT SOLDIER HOLLOW CHARTER SCHOOL, UT SOUTH SANPETE SCHOOL DISTRICT, UT SOUTH SUMMIT SCHOOL DISTRICT, UT SPECTRUM ACADEMY, UT SUCCESS ACADEMY, UT SUCCESS SCHOOL, UT SUMMIT ACADEMY, UT SUMMIT ACADEMY HIGH SCHOOL, UT SYRACUSE ARTS ACADEMY, UT THOMAS EDISON - NORTH, UT TIMPANOGOS ACADEMY, UT TINTIC SCHOOL DISTRICT, UT TOOELE SCHOOL DISTRICT, UT TUACAHN HIGH SCHOOL FOR THE PERFORMING ARTS, UT UINTAH RIVER HIGH, UT UINTAH SCHOOL DISTRICT, UT UTAH CONNECTIONS ACADEMY, UT UTAH COUNTY ACADEMY OF SCIENCE, UT UTAH ELECTRONIC HIGH SCHOOL, UT UTAH SCHOOLS FOR DEAF & BLIND, UT UTAH STATE OFFICE OF EDUCATION, UT UTAH VIRTUAL ACADEMY, UT VENTURE ACADEMY, UT VISTA AT ENTRADA SCHOOL OF PERFORMING ARTS AND TECHNOLOGY, UT WALDEN SCHOOL OF LIBERAL ARTS, UT WASATCH PEAK ACADEMY, UT WASATCH SCHOOL DISTRICT, UT WASHINGTON SCHOOL DISTRICT, UT WAYNE SCHOOL DISTRICT, UT WEBER SCHOOL DISTRICT, UT WEILENMANN SCHOOL OF DISCOVERY, UT HIGHER EDUCATION ARGOSY UNIVERSITY BATON ROUGE COMMUNITY COLLEGE, LA BIRTHINGWAY COLLEGE OF MIDWIFERY BLUE MOUNTAIN COMMUNITY COLLEGE BRIGHAM YOUNG UNIVERSITY - HAWAII CENTRAL OREGON COMMUNITY COLLEGE CENTENARY COLLEGE OF LOUISIANA CHEMEKETA COMMUNITY COLLEGE CLACKAMAS COMMUNITY COLLEGE COLLEGE OF THE MARSHALL ISLANDS COLUMBIA GORGE COMMUNITY COLLEGE CONCORDIA UNIVERSITY GEORGE FOX UNIVERSITY KLAMATH COMMUNITY COLLEGE DISTRICT LANE COMMUNITY COLLEGE LEWIS AND CLARK COLLEGE LINFIELD COLLEGE LINN-BENTON COMMUNITY COLLEGE LOUISIANA COLLEGE, LA LOUISIANA STATE UNIVERSITY LOUISIANA STATE UNIVERSITY HEALTH SERVICES MARYLHURST UNIVERSITY MT. HOOD COMMUNITY COLLEGE MULTNOMAH BIBLE COLLEGE NATIONAL COLLEGE OF NATURAL MEDICINE NORTHWEST CHRISTIAN COLLEGE OREGON HEALTH AND SCIENCE UNIVERSITY OREGON INSTITUTE OF TECHNOLOGY OREGON STATE UNIVERSITY OREGON UNIVERSITY SYSTEM PACIFIC UNIVERSITY PIONEER PACIFIC COLLEGE PORTLAND COMMUNITY COLLEGE PORTLAND STATE UNIVERSITY REED COLLEGE RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII ROGUE COMMUNITY COLLEGE SOUTHEASTERN LOUISIANA UNIVERSITY SOUTHERN OREGON UNIVERSITY (OREGON UNIVERSITY SYSTEM) SOUTHWESTERN OREGON COMMUNITY COLLEGE TULANE UNIVERSITY TILLAMOOK BAY COMMUNITY COLLEGE UMPQUA COMMUNITY COLLEGE UNIVERSITY OF HAWAII BOARD OF REGENTS UNIVERSITY OF HAWAII-HONOLULU COMMUNITY COLLEGE UNIVERSITY OF OREGON-GRADUATE SCHOOL UNIVERSITY OF PORTLAND UNIVERSITY OF NEW ORLEANS WESTERN OREGON UNIVERSITY WESTERN STATES CHIROPRACTIC COLLEGE WILLAMETTE UNIVERSITY XAVIER UNIVERSITY UTAH SYSTEM OF HIGHER EDUCATION, UT UNIVERSITY OF UTAH, UT UTAH STATE UNIVERSITY, UT WEBER STATE UNIVERSITY, UT SOUTHERN UTAH UNIVERSITY, UT SNOW COLLEGE, UT DIXIE STATE COLLEGE, UT COLLEGE OF EASTERN UTAH, UT UTAH VALLEY UNIVERSITY, UT SALT LAKE COMMUNITY COLLEGE, UT UTAH COLLEGE OF APPLIED TECHNOLOGY, UT STATE AGENCIES ADMIN. SERVICES OFFICE BOARD OF MEDICAL EXAMINERS HAWAII CHILD SUPPORT ENFORCEMENT AGENCY 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 Requirements for National Cooperative Contract Page 56 of 57 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 57 of 57 6. Attachment B: Excel Price Page W o w `-' o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Za O O O O O O O O O O O O O O O O �= 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c� Z 0 W F O Z w Z Z U :D a LLJ z a F J W W O F Q N U N U N U N U N U N U N U N U N U N U N U N U N U N U N U Z W J a CL v v v v v v v v v v v v v v v Q W J J J J J J J J J J J J J J J Q W () f0 U f0 U f0 U f0 U f0 U f0 U f0 U f0 U f0 U f0 U f0 U f0 U f0 U f0 U f0 U CQ G U c Ln-aj a) O C w w Ln O a -I is N W co z GLL Z O u z cop co C7 Ln Ln m com o m w aj W w _ o o m o a_ Joy s o z a a x j a' W aJ x � bfJ - rn W oi fa C7 Q -p J m W W O Q J J VI W N ra ( O - n t Ln _ Ln 00 Ln J 0 X d' J O rn ^ d' O, d' Cn � m rn Cn N O dt x � x - W x io O d' W d. O .-y W Ln rn ~ O m xaj m rn aJ v x v � a rn N O d' C J J M C J x U N rn J N X J In J c� m x m x m m 0 Z C. L. CO W Cm c. 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MANUFACTURER CATALOG EFFECTIVE DATE(S) % DISCOUNT OFF LIST PRICE 7. Attachment C: HUD Forms ATTACHMENT C HOUSING AND URBAN DEVELOPMENT (HUD) 5369-B 5369-C 5370-C Section 1 SECTION 3 5369-B Instructions to Offerors Non -Construction 1. Preparation of Offers U.S. Department of Housing 11111111 and Urban Development -03291 - Office of Public and Indian Housing (a) Offerors are expected to examine the statement of work, the proposed contract terms and conditions, and all instructions. Failure to do so will be at the offeror's risk. (b) Each offeror shall furnish the information required by the solicita- tion. The offeror shall sign the offer and print or type its name on the cover sheet and each continuation sheet on which it makes an entry. Erasures or other changes must be initialed by the person signing the offer. Offers signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the HA. (c) Offers for services other than those specified will not be consid- ered. 2. Submission of Offers (a) Offers and modifications thereof shall be submitted in sealed envelopes or packages (1) addressed to the office specified in the solicitation, and (2) showing the time specified for receipt, the solicita- tion number, and the name and address of the offeror. (b) Telegraphic offers will not be considered unless authorized by the solicitation; however, offers may be modified by written or telegraphic notice. (c) Facsimile offers, modifications or withdrawals will not be consid- ered unless authorized by the solicitation. 3. Amendments to Solicitations (a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged. (b) Offerors shall acknowledge receipt of any amendments to this solicitation by (1) signing and returning the amendment; (2) identifying the amendment number and date in the space provided for this purpose on the form for submitting an offer, (3) letter or telegram, or (4) facsimile, if facsimile offers are authorized in the solicitation. The HA/HUD must receive the acknowledgment by the time spec fled for receipt of offers. 4. Explanation to Prospective Offerors Any prospective offeror desiring an explanation or interpretation of the solicitation, statement of work, etc., must request it in writing soon enough to allow a reply to reach all prospective offerors before the submission of their offers. Oral explanations or instructions given before the award of the contract will not be binding. Any information given to a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment of the solicitation, it that information is necessary in submitting offers or If the lack of it would be prejudicial to any other prospective offerors. 5. Responsibility of Prospective Contractor (a) The HA shall award a contract only to a responsible prospective contractor who is able to perform successfully under the terms and conditions of the proposed contract. To be determined responsible, a prospective contractor must - (1) Have adequate financial resources to perform the contract, or the ability to obtain them; (2) Have a satisfactory performance record; (3) Have a satisfactory record of integrity and business ethics; (4) Have a satisfactory record of compliance with public policy (e.g., Equal Employment Opportunity); and (5) Not have been suspended, debarred, or otherwise determined to be ineligible for award of contracts by the Department of Housing and Urban Development or any other agency of the U.S. Government. Current lists of ineligible contractors are available for inspection at the HA/HUD. (b) Before an offer is considered for award, the offeror may be requested by the HA to submit a statement or other documentation regarding any of the foregoing requirements. Failure by the offeror to provide such additional information may render the offeror ineligible for award. 6. Late Submissions, Modifications, and Withdrawal of Offers (a) Any offer received at the place designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made and it - (1) Was sent by registered or certified mail not laterthan the fifth calendar day before the date specified for receipt of offers (e.g., an offer submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 15th); (2) Was sent by mail, or if authorized by the solicitation, was sent by telegram or via facsimile, and it is determined by the HA/ HUD that the late receipt was due solely to mishandling by the HA/HUD after receipt at the HA; (3) Was sent by U.S. Postal Service Express Mail Next Day Service - Post Office to Addressee, not later than 5:00 p.m. at the place of mailing two working days prior to the date specified for receipt of proposals. The term "working days" excludes weekends and U.S. Federal holidays; or (4) Is the only offer received. (b) Any modification of an offer, except a modification resulting from the HA's request for'best and final" offer (if this solicitation is a request for proposals), is subject to the same conditions as in subparagraphs (a)(1), (2), and (3) of this provision. (c) A modification resulting from the HA's request for "best and final" offer received after the time and date specified in the request will not be considered unless received before award andthe late receipt is due solely to mishandling by the HA after receipt at the HA. (d) The only acceptable evidence to establish the date of mailing of a late offer, modification, or withdrawal sent either by registered or certified mail is the U.S. or Canadian Postal Service postmark both on the envelope or wrapper and on the original receipt from the U.S. or Canadian Postal Service. Both postmarks must show a legible date or the offer, modification, or withdrawal shall be processed as if mailed late. "Postmark" means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifiable without further action as having been supplied and affixed by employees of the U.S. or Canadian Postal Service on the date of mailing. Therefore, offerors should request the postal clerkto place a hand cancellation bull's-eye postmark on both the receipt and the envelope or wrapper. (e) The only acceptable evidence to establish the time of receipt atthe HA is the time/date stamp of HA on the offer wrapper or other documentary evidence of receipt maintained by the HA. Previous edition is obsolete page 1 of 2 form HUD-5369-B (8/93) ref. Handbook 7460.8 (f) The only acceptable evidence to establish the date of mailing of a late offer, modification, or withdrawal sent by Express Mail Next Day Service -Post Office to Addressee is the date entered by the post office receiving clerk on the "Express Mail Next Day Service -Post Office to Addressee" label and the postmark on both the envelope or wrapper and on the original receipt from the U.S. Postal Service. "Postmark" has the same meaning as defined in paragraph (c) of this provision, excluding postmarks of the Canadian Postal Service. Therefore, offerors should request the postal clerk to place a legible hand cancellation bull's eye postmark on both the receipt and the envelope or wrapper. (g) Notwithstanding paragraph (a) of this provision, a late modification of an otherwise successful offer that makes its terms more favorable to the HA will be considered at any time it is received and may be accepted. (h) If this solicitation is a request for proposals, proposals may be withdrawn by written notice, or If authorized by this solicitation, by telegram (including mailgram) or facsimile machine transmission received at any time before award. Proposals may be withdrawn in person by a offeror or its authorized representative if the identity of the person requesting withdrawal is established and the person signs a receipt for the offer before award. If this solicitation is an invitation for bids, bids may be withdrawn at any time prior to bid opening. 7. Contract Award (a) The HA will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the HA, cost or priceand otherfactors, specified elsewhere in this solicitation, considered. (b) The HA may (1) reject any or all offers K such action is in the HA's interest, (2) accept other than the lowest offer, (3) waive informalities and minor irregularities in offers received, and (4) award more than one contract for all or part of the requirements stated. (c) If this solicitation is a request for proposals, the HA may award a contract on the basis of initial offers received, without discussions. Therefore, each initial offer should contain the offeror's bestterms from a cost or price and technical standpoint. (d) A written award or acceptance of offer mailed or otherwise fumished to the successful offeror within the time for acceptance specified in the offer shall result in a binding contract without further action by either party. If this solicitation is a request for proposals, beforethe offer's specified expiration time, the HA may accept an offer, whether or not there are negotiations after its receipt, unless awritten notice of withdrawal is received before award. Negotiations conducted after receipt of an offer do not constitute a rejection or counteroffer by the HA. (a) Neither financial data submitted with an offer, nor representations concerning facilities or financing, will form a part of the resulting contract. S. Service of Protest Any protest against the award of acontract pursuant to this solicitation shall be served on the HA by obtaining written and dated acknowledg- ment of receipt from the HA at the address shown on the cover of this solicitation. The determination of the HA with regard to such protest or to proceed to award notwithstanding such protest shall be final unless appealed by the protestor. 9. Offer Submission Offers shall be submitted as follows and shall be enclosed in a sealed envelope and addressed to the office specified in the solicitation. The proposal shall show the hour and date specified in the solicitation for receipt, the solicitation number, and the name and address of the offeror, on the face of the envelope. It is very Important that the offer be properly identified on the face of the envelope as set forth above in order to insure that the date and time of receipt is stamped on the face of the offer envelope. Receiving procedures are: date and time stamp those envelopes identified as proposals and deliver them immediately to the appropriate contracting official, and only date stamp those envelopes which do not contain identification of the contents and deliver them to the appropriate procuring activity only through the routine mail delivery procedure. [Describe bid or proposal preparation instructions here:] Previous edition is obsolete page 1 of 2 form HUD-536" (8/93 ref. Handbook 7460J 5369-C Certifications and Representations of Offerors Non -Construction Contract U.S. Department of Housing OMB Approval No: 2577-0180 (exp. 7/30/96) and Urban Development Office of Public and Indian Housing Public reporting burden for this collection of information is estimated to average 5 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This form includes clauses required by OMB's common rule on bidding/offering procedures, implemented by HUD in 24 CFR 85.36, and those requirements set forth in Executive Order 11625 for small, minority, women -owned businesses, and certifications for independent price determination, and conflict of interest. The form is required for nonconstruction contracts awarded by Housing Agencies (HAs). The form is used by bidders/offerors to certify to the HA's Contracting Officer for contract compliance. If the form were not used, HAs would be unable to enforce their contracts. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality. 1. Contingent Fee Representation and Agreement (a) The bidder/offeror represents and certifies as part of its bid/ offer that, except for full-time bona fide employees working solely for the bidder/offeror, the bidder/offeror: (1) [ ] has, [ ] has not employed or retained any person or company to solicit or obtain this contract; and (2) [ ] has, [ ] has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract. (b) If the answer to either (a)(1) or (a) (2) above is affirmative, the bidder/offeror shall make an immediate and full written disclosure to the PHA Contracting Officer. (c) Any misrepresentation by the bidder/offeror shall give the PHA the right to (1) terminate the resultant contract; (2) at its discretion, to deduct from contract payments the amount of any commission, percentage, brokerage, or other contingent fee; or (3) take other remedy pursuant to the contract. 2. Small, Minority, Women -Owned Business Concern Rep- resentation The bidder/offeror represents and certifies as part of its bid/ offer that it: (a) [ ] is, [ ] is not a small business concern. "Small business concern," as used in this provision, means a concern, includ- ing its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding, and qualified as a small business under the criteria and size standards in 13 CFR 121. (b) [ ] is, [ ] is not a women -owned small business concern. "Women -owned," as used in this provision, means a small business that is at least 51 percent owned by a woman or women who are U.S. citizens and who also control and operate the business. (c) [ ] is, [ ] is not a minority enterprise which, pursuant to Executive Order 11625, is defined as a business which is at least 51 percent owned by one or more minority group members or, in the case of a publicly owned business, at least 51 percent of its voting stock is owned by one or more minority group members, and whose management and daily operations are controlled by one or more such individuals. For the purpose of this definition, minority group members are: (Check the block applicable to you) [ ] Black Americans [ ] Asian Pacific Americans [ ] Hispanic Americans [ ] Asian Indian Americans [ ] Native Americans [ ] Hasidic Jewish Americans 3. Certificate of Independent Price Determination (a) The bidder/offeror certifies that— (1) The prices in this bid/offer have been arrived at indepen- dently, without, for the purpose of restricting competi- tion, any consultation, communication, or agreement with any other bidder/offeror or competitor relating to (i) those prices, (ii) the intention to submit a bid/offer, or (iii) the methods or factors used to calculate the prices offered; (2) The prices in this bid/offer have not been and will not be knowingly disclosed by the bidder/offeror, directly or indirectly, to any other bidder/offeror or competitor be- fore bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the bidder/ offeror to induce any other concern to submit or not to submit a bid/offer for the purpose of restricting competition. (b) Each signature on the bid/offer is considered to be a certifi- cation by the signatory that the signatory: (1) Is the person in the bidder/offeror's organization respon- sible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subpara- graphs (a)(1) through (a)(3) above; or (2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above (insert full name of person(s) in the bidder/offeror's organization responsible for determining the prices of- fered in this bid or proposal, and the title of his or her position in the bidder/offeror's organization); (ii) As an authorized agent, does certify that the princi- pals named in subdivision (b)(2)(i) above have not par- ticipated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and form HUD-5369-C (8/93) Previous edition is obsolete page 1 of 2 ref. Handbook 7460.8 (iii) As an agent, has not personally participated, and will 6. Conflict of Interest not participate in any action contrary to subparagraphs In the absence of any actual or apparent conflict, the offeror, by (a)(1) through (a)(3) above. submission of a proposal, hereby warrants that to the best of its (c) If the bidder/offeror deletes or modifies subparagraph (a)2 knowledge and belief, no actual or apparent conflict of interest above, the bidder/offeror must furnish with its bid/offer a exists with regard to my possible performance of this procure - signed statement setting forth in detail the circumstances of ment, as described in the clause in this solicitation titled "Orga- the disclosure. nizational Conflict of Interest." 4. Organizational Conflicts of Interest Certification (a) The Contractor warrants that to the best of its knowledge and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the nature of work under a proposed contract and a prospective contractor's organizational, fi- nancial, contractual or other interest are such that: (i) Award of the contract may result in an unfair competi- tive advantage; (ii) The Contractor's objectivity in performing the con- tract work may be impaired; or (iii) That the Contractor has disclosed all relevant infor- mation and requested the HA to make a determination with respect to this Contract. (b) The Contractor agrees that if after award he or she discovers an organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclo- sure in writing to the HA which shall include a description of the action which the Contractor has taken or intends to eliminate or neutralize the conflict. The HA may, however, terminate the Contract for the convenience of HA if it would be in the best interest of HA. (c) In the event the Contractor was aware of an organizational conflict of interest before the award of this Contract and intentionally did not disclose the conflict to the HA, the HA may terminate the Contract for default. (d) The Contractor shall require a disclosure or representation from subcontractors and consultants who may be in a position to influence the advice or assistance rendered to the HA and shall include any necessary provisions to eliminate or neutralize conflicts of interest in consultant agreements or subcontracts involving performance or work under this Contract. 5. Authorized Negotiators (RFPs only) The offeror represents that the following persons are authorized to negotiate on its behalf with the PHA in connection with this request for proposals: (list names, titles, and telephone numbers of the authorized negotiators): 7. Offeror's Signature The offeror hereby certifies that the information contained in these certifications and representations is accurate, complete, and current. Signature & Date: Typed or Printed Name: Title: for Previous edition is obsolete page 2 of 2 ref. Handbook 7460.8 5370-C 1 General Conditions for Non -Construction U.S. Department of Housing and Urban Contracts Development Office of Public and Indian Housing Section I — (With or without Maintenance Work) Office of Labor Relations OMB Approval No. 2577-0157 (exp. 1/31/2017) Public Reporting Burden for this collection of information is estimated to average 0.08 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C. 20410-3600; and to the Office of Management and Budget, Paperwork Reduction Project (2577-0157), Washington, D.C. 20503. Do not send this completed form to either of these addressees. Applicability. This form HUD-5370-C has 2 Sections. These Sections must be inserted into non -construction contracts as described below: 1) Non -construction contracts (without maintenance) greater than $100,000 - use Section I; 2) Maintenance contracts (including nonroutine maintenance as defined at 24 CFR 968.105) greater than $2,000 but not more than $100,000 - use Section II; and 3) Maintenance contracts (including nonroutine maintenance), greater than $100,000 — use Sections and II. Section I - Clauses for All Non -Construction Contracts greater than $100,000 1. Definitions The following definitions are applicable to this contract: (a) "Authority or Housing Authority (HA)" means the Housing Authority. (b) "Contract" means the contract entered into between the Authority and the Contractor. It includes the contract form, the Certifications and Representations, these contract clauses, and the scope of work. It includes all formal changes to any of those documents by addendum, Change Order, or other modification. (c) "Contractor" means the person or other entity entering into the contract with the Authority to perform all of the work required under the contract. (d) "Day" means calendar days, unless otherwise stated. (e) "HUD" means the Secretary of Housing and Urban development, his delegates, successors, and assigns, and the officers and employees of the United States Department of Housing and Urban Development acting for and on behalf of the Secretary. 2. Changes (a) The HA may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in the services to be performed or supplies to be delivered. (b) If any such change causes an increase or decrease in the hourly rate, the not -to -exceed amount of the contract, or the time required for performance of any part of the work under this contract, whether or not changed by the order, or otherwise affects the conditions of this contract, the HA shall make an equitable adjustment in the not -to -exceed amount, the hourly rate, the delivery schedule, or other affected terms, and shall modify the contract accordingly. (c) The Contractor must assert its right to an equitable adjustment under this clause within 30 days from the date of receipt of the written order. However, if the HA decides that the facts justify it, the HA may receive and act upon a proposal submitted before final payment of the contract. (d) Failure to agree to any adjustment shall be a dispute under clause Disputes, herein. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. (e) No services for which an additional cost or fee will be charged by the Contractor shall be furnished without the prior written consent of the HA. 3. Termination for Convenience and Default (a) The HA may terminate this contract in whole, or from time to time in part, for the HA's convenience or the failure of the Contractor to fulfill the contract obligations (default). The HA shall terminate by delivering to the Contractor a written Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall: (i) immediately discontinue all services affected (unless the notice directs otherwise); and (ii) deliver to the HA all information, reports, papers, and other materials accumulated or generated in performing this contract, whether completed or in process. (b) If the termination is for the convenience of the HA, the HA shall be liable only for payment for services rendered before the effective date of the termination. (c) If the termination is due to the failure of the Contractor to fulfill its obligations under the contract (default), the HA may (i) require the Contractor to deliver to it, in the manner and to the extent directed by the HA, any work as described in subparagraph (a)(ii) above, and compensation be determined in accordance with the Changes clause, paragraph 2, above; (ii) take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable for any additional cost incurred by the HA; (iii) withhold any payments to the Contractor, for the purpose of off -set or partial payment, as the case may be, of amounts owed to the HA by the Contractor. (d) If, after termination for failure to fulfill contract obligations (default), it is determined that the Contractor had not failed, the termination shall be deemed to have been effected for the convenience of the HA, and the Contractor shall been titled to payment as described in paragraph (b) above. (e) Any disputes with regard to this clause are expressly made subject to the terms of clause titled Disputes herein. 4. Examination and Retention of Contractor's Records (a) The HA, HUD, or Comptroller General of the United States, or any of their duly authorized representatives shall, until 3 years after final payment under this contract, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions. Section I - Page 1 of 6 form HUD-5370-C (01/2014) (b) The Contractor agrees to include in first -tier subcontracts under this contract a clause substantially the same as paragraph (a) above. "Subcontract," as used in this clause, excludes purchase orders not exceeding $10,000. (c) The periods of access and examination in paragraphs (a) and (b) above for records relating to: (i) appeals under the clause titled Disputes; (ii) litigation or settlement of claims arising from the performance of this contract; or, (iii) costs and expenses of this contract to which the HA, HUD, or Comptroller General or any of their duly authorized representatives has taken exception shall continue until disposition of such appeals, litigation, claims, or exceptions. 5. Rights in Data (Ownership and Proprietary Interest) The HA shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials and documents discovered or produced by Contractor pursuant to the terms of this Contract, including but not limited to reports, memoranda or letters concerning the research and reporting tasks of this Contract. 6. Energy Efficiency The contractor shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163) for the State in which the work under this contract is performed. 7. Disputes (a) All disputes arising under or relating to this contract, except for disputes arising under clauses contained in Section lll, Labor Standards Provisions, including any claims for damages for the alleged breach there of which are not disposed of by agreement, shall be resolved under this clause. (b) All claims by the Contractor shall be made in writing and submitted to the HA. A claim by the HA against the Contractor shall be subject to a written decision by the HA. (c) The HA shall, with reasonable promptness, but in no event in no more than 60 days, render a decision concerning any claim hereunder. Unless the Contractor, within 30 days after receipt of the HA's decision, shall notify the HA in writing that it takes exception to such decision, the decision shall be final and conclusive. (d) Provided the Contractor has (i) given the notice within the time stated in paragraph (c) above, and (ii) excepted its claim relating to such decision from the final release, and (iii) brought suit against the HA not later than one year after receipt of final payment, or if final payment has not been made, not later than one year after the Contractor has had a reasonable time to respond to a written request by the HA that it submit a final voucher and release, whichever is earlier, then the HA's decision shall not be final or conclusive, but the dispute shall be determined on the merits by a court of competent jurisdiction. (e) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the HA. 8. Contract Termination; Debarment A breach of these Contract clauses may be grounds for termination of the Contract and for debarment or denial of participation in HUD programs as a Contractor and a subcontractor as provided in 24 CFR Part 24. 9. Assignment of Contract The Contractor shall not assign or transfer any interest in this contract; except that claims for monies due or to become due from the HA under the contract may be assigned to a bank, trust company, or other financial institution. If the Contractor is a partnership, this contract shall inure to the benefit of the surviving or remaining member(s) of such partnership approved by the HA. 10. Certificate and Release Prior to final payment under this contract, or prior to settlement upon termination of this contract, and as a condition precedent thereto, the Contractor shall execute and deliver to the HA a certificate and release, in a form acceptable to the HA, of all claims against the HA by the Contractor under and by virtue of this contract, other than such claims, if any, as may be specifically excepted by the Contractor in stated amounts set forth therein. 11. Organizational Conflicts of Interest (a) The Contractor warrants that to the best of its knowledge and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the nature of work under this contract and a contractor's organizational, financial, contractual or other interests are such that: (i) Award of the contract may result in an unfair competitive advantage; or (ii) The Contractor's objectivity in performing the contract work may be impaired. (b) The Contractor agrees that if after award it discovers an organizational conflict of interest with respect to this contract or any task/delivery order under the contract, he or she shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or intends to take to eliminate or neutralize the conflict. The HA may, however, terminate the contract or task/delivery order for the convenience of the HA if it would be in the best interest of the HA. (c) In the event the Contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the Contracting Officer, the HA may terminate the contract for default. (d) The terms of this clause shall be included in all subcontracts and consulting agreements wherein the work to be performed is similar to the service provided by the prime Contractor. The Contractor shall include in such subcontracts and consulting agreements any necessary provisions to eliminate or neutralize conflicts of interest. 12. Inspection and Acceptance (a) The HA has the right to review, require correction, if necessary, and accept the work products produced by the Contractor. Such review(s) shall be carried out within 30 days so as to not impede the work of the Contractor. Any Section I - Page 2 of 6 form HUD-5370-C (01/2014) product of work shall be deemed accepted as submitted if the HA does not issue written comments and/or required corrections within 30 days from the date of receipt of such product from the Contractor. (b) The Contractor shall make any required corrections promptly at no additional charge and return a revised copy of the product to the HA within 7 days of notification or a later date if extended by the HA. (c) Failure by the Contractor to proceed with reasonable promptness to make necessary corrections shall be a default. If the Contractor's submission of corrected work remains unacceptable, the HA may terminate this contract (or the task order involved) or reduce the contract price or cost to reflect the reduced value of services received. 13. Interest of Members of Congress No member of or delegate to the Congress of the United States of America or Resident Commissioner shall be admitted to any share or part of this contract or to any benefit to arise there from, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. 14. Interest of Members, Officers, or Employees and Former Members, Officers, or Employees No member, officer, or employee of the HA, no member of the governing body of the locality in which the project is situated, no member of the governing body in which the HA was activated, and no other pubic official of such locality or localities who exercises any functions or responsibilities with respect to the project, shall, during his or her tenure, or for one year thereafter, have any interest, direct or indirect, in this contract or the proceeds thereof. 15. Limitation on Payments to Influence Certain Federal Transactions (a) Definitions. As used in this clause: "Agency", as defined in 5 U.S.C. 552(f), includes Federal executive departments and agencies as well as independent regulatory commissions and Government corporations, as defined in 31 U.S.C. 9101(1). "Covered Federal Action" means any of the following Federal actions: (i) The awarding of any Federal contract; (ii) The making of any Federal grant; (iii) The making of any Federal loan; (iv) The entering into of any cooperative agreement; and, (v) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Covered Federal action does not include receiving from an agency a commitment providing for the United States to insure or guarantee a loan. "Indian tribe" and "tribal organization" have the meaning provided in section 4 of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450B). Alaskan Natives are included under the definitions of Indian tribes in that Act. "Influencing or attempting to influence" means making, with the intent to influence, any communication to or appearance before 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 any covered Federal action. "Local government" means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government. "Officer or employee of an agency" includes the following individuals who are employed by an agency: (i) An individual who is appointed to a position in the Government under title 5, U.S.C., including a position under a temporary appointment; (ii) A member of the uniformed services as defined in section 202, title 18, U.S.C.; (iii) A special Government employee as defined in section 202, title 18, U.S.C.; and, (iv) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, title 5, appendix 2. "Person" means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or other Indian organization with respect to expenditures specifically permitted by other Federal law. "Recipient" includes all contractors, subcontractors at any tier, and subgrantees at any tier of the recipient of funds received in connection with a Federal contract, grant, loan, or cooperative agreement. The term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law. "Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement, an officer or employee who is employed by such person for at least 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract, grant, loan, or cooperative agreement. An officer or employee who is employed by such person for less than 130 working days within one year immediately preceding the date of submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days. "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and a multi -State, regional, or interstate entity having governmental duties and powers. (b) Prohibition. (i) Section 1352 of title 31, U.S.C. provides in part that no appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay 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 any of the following covered Federal actions: 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. (ii) The prohibition does not apply as follows: Section I - Page 3 of 6 form HUD-5370-C (01/2014) (1) Agency and legislative liaison by Own Employees. (a) The prohibition on the use of appropriated funds, in paragraph (i) of this section, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement, if the payment is for agency and legislative activities not directly related to a covered Federal action. (b) For purposes of paragraph (b)(i)(1)(a) of this clause, providing any information specifically requested by an agency or Congress is permitted at any time. (c) The following agency and legislative liaison activities are permitted at any time only where they are not related to a specific solicitation for any covered Federal action: (1) Discussing with an agency (including individual demonstrations) the qualities and characteristics of the person's products or services, conditions or terms of sale, and service capabilities; and, (2) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use. (d) The following agency and legislative liaison activities are permitted where they are prior to formal solicitation of any covered Federal action: (1) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action; (2) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and (3) Capability presentations by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Public Law 95-507 and other subsequent amendments. (e) Only those activities expressly authorized by subdivision (b)(ii)(1)(a) of this clause are permitted under this clause. (2) Professional and technical services. (a) The prohibition on the use of appropriated funds, in subparagraph (b)(i) of this clause, does not apply in the case of- (i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. (ii) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations. (b) For purposes of subdivision (b)(ii)(2)(a) of clause, "professional and technical services" shall be limited to advice and analysis directly applying any professional or technical discipline. (c) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation, or reasonably expected to be required by law or regulation, and any other requirements in the actual award documents. (d) Only those services expressly authorized by subdivisions (b)(ii)(2)(a)(i) and (ii) of this section are permitted under this clause. (iii) Selling activities by independent sales representatives. (c) The prohibition on the use of appropriated funds, in subparagraph (b)(i) of this clause, does not apply to the following selling activities before an agency by independent sales representatives, provided such activities are prior to formal solicitation by an agency and are specifically limited to the merits of the matter: (i) Discussing with an agency (including individual demonstration) the qualities and characteristics of the person's products or services, conditions or terms of sale, and service capabilities; and (ii) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use. (d) Agreement. In accepting any contract, grant, cooperative agreement, or loan resulting from this solicitation, the person submitting the offer agrees not to make any payment prohibited by this clause. (e) Penalties. Any person who makes an expenditure prohibited under paragraph (b) of this clause shall be subject to civil penalties as provided for by 31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable. (f) Cost Allowability. Nothing in this clause is to be interpreted to make allowable or reasonable any costs which would be unallowable or unreasonable in accordance with Part 31 of the Federal Acquisition Regulation (FAR), or OMB Circulars dealing with cost allowability for recipients of assistance agreements. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any of the provisions of FAR Part 31 or the relevant OMB Circulars. Section I - Page 4 of 6 form HUD-5370-C (01/2014) 16. Equal Employment Opportunity During the performance of this contract, the Contractor agrees as follows: (a) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. (b) The Contractor shall 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 (1) employment; (2) upgrading; (3) demotion; (4) transfer; (5) recruitment or recruitment advertising; (6) layoff or termination; (7) rates of pay or other forms of compensation; and (8) selection for training, including apprenticeship. (c) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (d) The Contractor shall, 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, or national origin. (e) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. (f) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. (g) The Contractor shall furnish all information and reports required by Executive Order 11246, as amended and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto. The Contractor shall permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (h) In the event of a determination that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, 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 under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law. (i) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. The Contractor shall take such action with respect to any subcontractor or purchase order as the Secretary of Housing and Urban Development or the Secretary of Labor may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided that if 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 the litigation to protect the interests of the United States. 17. Dissemination or Disclosure of Information No information or material shall be disseminated or disclosed to the general public, the news media, or any person or organization without prior express written approval by the HA. 18. Contractor's Status It is understood that the Contractor is an independent contractor and is not to be considered an employee of the HA, or assume any right, privilege or duties of an employee, and shall save harmless the HA and its employees from claims suits, actions and costs of every description resulting from the Contractor's activities on behalf of the HA in connection with this Agreement. 19. Other Contractors HA may undertake or award other contracts for additional work at or near the site(s) of the work under this contract. The contractor shall fully cooperate with the other contractors and with HA and HUD employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or HA employee. 20. Liens The Contractor is prohibited from placing a lien on HA's property. This prohibition shall apply to all subcontractors. 21. Training and Employment Opportunities for Residents in the Project Area (Section 3, HUD Act of 1968; 24 CFR 135) (a) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (b) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of Section I - Page 5 of 6 form HUD-5370-C (01/2014) apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (d) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. (e) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. (f) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 22. Procurement of Recovered Materials (a) In accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, the Contractor shall procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. The Contractor shall procure items designated in the EPA guidelines that contain the highest percentage of recovered materials practicable unless the Contractor determines that such items: (1) are not reasonably available in a reasonable period of time; (2) fail to meet reasonable performance standards, which shall be determined on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item; or (3) are only available at an unreasonable price. (b) Paragraph (a) of this clause shall apply to items purchased under this contract where: (1) the Contractor purchases in excess of $10,000 of the item under this contract; or (2) during the preceding Federal fiscal year, the Contractor: (i) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and (ii) purchased a total of in excess of $10,000 of the item both under and outside that contract. Section I - Page 6 of 6 form HUD-5370-C (01/2014) SECTION 3 CLAUSE SECTION 3 CLAUSE: Sec. 135.38 Section 3 clause. All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). HUD Act of 1968, Section 3 Requirements, as revised June 30, 1994: The successful Contractor shall comply with the provisions of Section 3 as set forth in 24 CFR part 135 and all other applicable rules in the hiring of replacement and new personnel. Interested offerors shall complete and submit necessary forms from Section 3 Special Conditions with their offer. Contract amount will be the total labor, materials, overhead, change orders and other costs relative to the project. Total labor dollars shall mean 35% of the contract amount. A sliding scale to calculate the Section 3 obligation shall apply in determining the contractual obligation due. The general Section 3 requirements are shown as Section 3 Special Conditions in this Request for Qualifications. Contact Yvette Hurley at (520) 837-5314 with all questions regarding the Section 3 Clause and Section 3 Special Conditions.