WOODRUFF, UT
WOODS CROSS, UT
ATTACHMENT D
OMNIA PARTNERS PPA
Version June 28, 2023
2024056 Page 97 of 133
COUNTIES AND PARISHES INCLUDING BUT
NOT LIMITED TO:
ASCENSION PARISH, LA
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
ATTACHMENT D
OMNIA PARTNERS PPA
Version June 28, 2023
2024056 Page 98 of 133
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
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 #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.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
ATTACHMENT D
OMNIA PARTNERS PPA
Version June 28, 2023
2024056 Page 99 of 133
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 #1, OR
CLACKAMAS COUNTY SERVICE DISTRICT
#1, OR
CLACKAMAS COUNTY VECTOR CONTROL
DISTRICT, OR
CLACKAMAS RIVER WATER
CLACKAMAS RIVER WATER, OR
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
ATTACHMENT D
OMNIA PARTNERS PPA
Version June 28, 2023
2024056 Page 100 of 133
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
ATTACHMENT D
OMNIA PARTNERS PPA
Version June 28, 2023
2024056 Page 101 of 133
ELKTON ESTATES PHASE II SPECIAL ROAD
DISTRICT, OR
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
ATTACHMENT D
OMNIA PARTNERS PPA
Version June 28, 2023
2024056 Page 102 of 133
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
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
ATTACHMENT D
OMNIA PARTNERS PPA
Version June 28, 2023
2024056 Page 103 of 133
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 – DHHOPH 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
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
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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
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
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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
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
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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 #1, OR
PROSPECT R.F.P.D., OR
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. 11-JT, OR
RIVERGROVE WATER DISTRICT, OR
RIVERSIDE MISSION WATER CONTROL
DISTRICT, OR
RIVERSIDE R.F.P.D. #7-406, 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
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ROSEBURG URBAN SANITARY AUTHORITY,
OR
ROSEWOOD ESTATES ROAD DISTRICT, OR
ROW RIVER VALLEY WATER DISTRICT, OR
RURAL ROAD ASSESSMENT DISTRICT #3,
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 #1, OR
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
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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
SUMNER 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
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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
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
ATTACHMENT D
OMNIA PARTNERS PPA
Version June 28, 2023
2024056 Page 110 of 133
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.10B
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
SALEM-KEIZER PUBLIC SCHOOLS 24J
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
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 1J
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
ATTACHMENT D
OMNIA PARTNERS PPA
Version June 28, 2023
2024056 Page 111 of 133
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
PIUTE SCHOOL DISTRICT, UT
PROVIDENCE HALL, UT
PROVO SCHOOL DISTRICT, UT
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
ATTACHMENT D
OMNIA PARTNERS PPA
Version June 28, 2023
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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
ATTACHMENT D
OMNIA PARTNERS PPA
Version June 28, 2023
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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
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
EXHIBIT 1
DRAFT AGREEMENT
Version June 28, 2023
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AGREEMENT PURSUANT TO SOLICITATION
CITY OF MESA AGREEMENT NUMBER 2024056
INFORMATION TECHNOLOGY SOLUTIONS PRODUCTS AND SERVICES
CITY OF MESA, Arizona (“City”)
Department Name City of Mesa – Purchasing Division
Mailing Address P.O. Box 1466
Mesa, AZ 85211-1466
Delivery Address 20 East Main St, Suite 450
Mesa, AZ 85201
Attention Ted Stallings
Procurement Officer II
E-Mail [email protected]
Phone (480) 644-2815
With a copy to: City of Mesa – Using Department
Attn: Name, Title
P.O. Box 1466
Mesa, AZ 85211-1466
[email protected]
AND
COMPANY NAME, (“Contractor”)
Mailing Address
Remit to Address
Attention
E-Mail
Phone
Fax
EXHIBIT 1
DRAFT AGREEMENT
Version June 28, 2023
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CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION
This Agreement pursuant to Solicitation (“Agreement”) is entered into this ___ day of ______________, 2023, by and between the City of Mesa, Arizona, an Arizona municipal corporation (“City”), and CompanyName, a(n) State corporation/company/natural person (“Contractor”). The City and Contractor are each a “Party” to the Agreement or together are “Parties” to the Agreement.
RECITALS
A. The City issued Solicitation number 2024056 (“Solicitation”) for INFORMATION TECHNOLOGY SOLUTIONS PRODUCTS AND SERVICES, to which Contractor provided a response (“Response”); and
B. The City Selected Contractor’s Response as being in the best interest of the City and wishes to engage Contractor in providing the services/materials described in the Solicitation and Response.
In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the following Terms & Conditions.
TERMS & CONDITIONS
1. Term. This Agreement is for a term beginning on TBD and ending on TBD. The use of the word “Term” in the Agreement includes the aforementioned period as well as any applicable extensions or renewals in accordance with this Section 1.
1.1 Renewals. On the mutual written agreement of the Parties, the Term may be renewed up to a maximum of six (6) years. Any renewal(s) will be a continuation of the same terms and conditions as in effect immediately before the expiration of the then-current term.
1.2 Extension for Procurement Processes. Upon the expiration of the Term of this Agreement, including any renewals permitted herein, at the City’s sole discretion, this Agreement may be extended on a month-to-month basis for a maximum of six (6) months to allow for the City’s procurement processes in the selection of a vendor to provide the services/materials provided under this Agreement. The City will notify the Contractor in writing of its intent to extend the Agreement at least thirty (30) calendar days before the expiration of the Term. Any extension under this Subsection 1.2 will be a continuation of the same terms and conditions as in effect immediately before the expiration of the then-current term.
2. Scope of Work. The Contractor will provide the necessary staff, services, and associated resources to provide the City with the services, materials, and obligations attached to this Agreement as Exhibit A (“Scope of Work”) Contractor will be responsible for all costs and expenses incurred by Contractor that are incident to the performance of the Scope of Work unless otherwise stated in Exhibit A.
Contractor will supply all equipment and instrumentalities necessary to perform the Scope of Work. If set forth in Exhibit A, the City will provide Contractor’s personnel with adequate workspace and such other related facilities as may be required by Contractor to carry out the Scope of Work.
The Agreement is based on the Solicitation and Response which are hereby incorporated by reference into the Agreement as if written out and included herein. In addition to the requirements specifically set forth in the Scope of Work, the Parties acknowledge and agree that the Contractor shall perform in accordance with all terms, conditions, specifications, and other requirements set forth within the Solicitation and Response unless modified herein.
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3. Orders. Orders are placed with the Contractor by either a: (i) Purchase Order when for a one-time purchase; (ii) Notice to Proceed, or (iii) Delivery Order off of a Master Agreement for Requirement Contract where multiple as-needed orders will be placed with the Contractor. The City may use the Internet to communicate with Contractor and to place orders as permitted under this Agreement
4. Document Order of Precedence. In the event of any inconsistency between the terms of the body of the Agreement, the Exhibits, the Solicitation, and Response, the language of the documents will control in the following order.
a. Agreement
b. Exhibits
1. Mesa Standard Terms & Conditions
2. Scope of Work
3. Other Exhibits not listed above
c. Solicitation including any addenda
d. Contractor Response
5. Payment.
5.1 General. Subject to the provisions of the Agreement, the City will pay Contractor the sum(s) described in Exhibit B (“Pricing”) in consideration of Contractor’s performance of the Scope of Work during the Term.
5.2 Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement and include all costs of the Contractor providing the materials/service including transportation, insurance, and warranty costs. No fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced at prices higher than those stated in the Agreement.
The Contractor further agrees that any reductions in the price of the materials or services covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions.
No price modifications will be accepted without proper request by the Contractor and response by the City’s Purchasing Division.
5.3 Price Adjustment.
Any requests for reasonable price adjustments must be submitted in accordance with this Section 5.3. Requests for adjustment in the cost of labor and/or materials must be supported by appropriate documentation. There is no guarantee the City will accept a price adjustment therefore Contractor should be prepared for the Pricing to be firm over the Term of the Agreement. The City is only willing to entertain price adjustments based on an increase to Contractor’s actual expenses or other reasonable adjustments in providing the services/materials under the Agreement. If the City agrees to the adjusted price terms, the City shall issue written approval of the change.
Products - During the ninety (90) to sixty (60) day period before annual anniversary date of the Agreement, the Contractor may submit a written request to the City to allow an increase to the prices in an amount not to exceed the twelve (12) month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld.
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Services (Price Sheet, National Tab) – Every six months (6), the Contractor may submit a written request to the City to allow an increase to the prices in an amount not to exceed the twelve (12) month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld.
5.4 Renewal and Extension Pricing. Any extension of the Agreement will be at the same pricing as the initial Term. If the Agreement is renewed in accordance with Section 1, pricing may be adjusted for amounts other than inflation that represent actual costs to the Contractor based on the mutual agreement of the parties. The Contractor may submit a request for a price adjustment along with appropriate supporting documentation demonstrating the cost to the Contractor. Renewal prices shall be firm for the term of the renewal period and may be adjusted thereafter as outlined in the previous section. There is no guarantee the City will accept a price adjustment.
5.5 Invoices. Payment will be made to Contractor following the City’s receipt of a properly completed invoice. No terms set forth in any invoice, purchase order, or similar document issued by Contractor will be deemed accepted by the City; the terms of the contractual relationship between the Parties are as set forth in this Agreement. Any issues regarding billing or invoicing must be directed to the City Department/Division requesting the service or material from the Contractor. A properly completed invoice should contain, at a minimum, all of the following:
a. Contractor name, address, and contact information;
b. City billing information;
c. City contract number as listed on the first page of the Agreement; d. Invoice number and date;
e. Payment terms;
f. Date of service or delivery;
g. Description of materials or services provided;
h. If materials provided, the quantity delivered and pricing of each unit; i. Applicable Taxes;
j. If applicable, mileage or travel costs; and
k. Total amount due.
5.6 Payment of Funds. Contractor acknowledges the City may, at its option and where available use a Credit Card/Procurement Card to make payment for orders under the Agreement with no additional charge/fee. Otherwise, payment will be through a traditional method of a check.
5.7 Disallowed Costs, Overpayment. If at any time the City determines that a cost for which payment was made to Contractor is a disallowed cost, such as an overpayment or a charge for materials/service not in accordance with the Agreement, the City will notify Contractor in writing of the disallowance; such notice will state the means of correction which may be, but is not limited to, adjustment of any future claim/invoice submitted by Contractor in the amount of the disallowance, or to require repayment of the disallowed amount by Contractor. Contractor will be provided with the opportunity to respond to the notice.
6. Insurance.
6.1 Contractor must obtain and maintain at its expense throughout the term of Contractor’s agreement, at a minimum, the types and amounts of insurance set forth in this Section 6 from insurance companies authorized to do business in the State of Arizona; the insurance must cover the materials/service to be provided by Contractor under the Agreement. For any EXHIBIT 1
DRAFT AGREEMENT
Version June 28, 2023
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insurance required under the Agreement, Contractor will name the City of Mesa, its agents, representatives, officials, volunteers, officers, elected officials, and employees as additional insured, as evidenced by providing either an additional insured endorsement or proper insurance policy excerpts.
6.2 Nothing in this Section 6 limits Contractor’s responsibility to the City. The insurance requirements herein are minimum requirements for the Agreement and in no way limit any indemnity promise(s) contained in the Agreement.
6.3 The City does not warrant the minimum limits contained herein are sufficient to protect Contractor and subcontractor(s) from liabilities that might arise out of performance under the Agreement by Contractor, its agents, representatives, employees, or subcontractor(s).
Contractor is encouraged to purchase additional insurance as Contractor determines may be necessary.
6.4 Each insurance policy required under the Agreement must be in effect at or before the execution of the Agreement and remain in effect for the term of the Agreement.
6.5 Before the execution of the Agreement, Contractor shall verify insurance coverage and may be asked to will provide the City with a Certificate of Insurance (using an appropriate “ACORD” or equivalent certificate) signed by the issuer with applicable endorsements. The City reserves the right to request additional copies of any or all of the policies, endorsements, or notices relating thereto required under the Agreement.
6.6 When the City requires a Certificate of Insurance to be furnished, Contractor's insurance is primary of all other sources available. When the City is a certificate holder and/or an additional insured, Contractor agrees no policy will expire, be canceled, or be materially changed to affect the coverage available without advance written notice to the City.
6.7 The policies required by the Agreement must contain a waiver of transfer rights of recovery (waiver of subrogation) against the City, its agents, representatives, officials, volunteers, officers, elected officials, and employees for any claims arising out of the work of Contractor.
6.8 All insurance certificates and applicable endorsements are subject to review and approval by the City's Risk Management Division.
6.9 Types and Amounts of Insurance. Contractor must obtain and retain throughout the term of the Agreement, at a minimum, the following:
6.9.1 Worker’s compensation insurance in accordance with the provisions of Arizona law. If Contractor operates with no employees, Contractor must provide the City with written proof Contractor has no employees. If employees are hired during the course of this Agreement, Contractor must procure worker’s compensations in accordance with Arizona law.
6.9.2 The Contractor shall maintain at all times during the term of this contract, a minimum amount of $1 million per occurrence/$2 million aggregate Commercial General Liability insurance, including Products and Contractual Liability. For General Liability insurance, the City of Mesa, their agents, officials, volunteers, officers, elected officials, or employees shall be named as additional insured, as evidenced by providing an additional insured endorsement.
6.9.3 Automobile liability, bodily injury, and property damage with a limit of $1 million per occurrence including owned, hired, and non-owned autos.
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7. Requirements Contract. Contractor acknowledges and agrees the Agreement is a requirements contract; the Agreement does not guarantee any purchases will be made (minimum or maximum).
Orders will only be placed when the City identifies a need and issues a purchase order or a written notice to proceed. The City reserves the right to cancel purchase orders or a notice to proceed within a reasonable period of time of issuance; any such cancellation will be in writing. Should a purchase order or notice to proceed be canceled, the City agrees to reimburse Contractor for any actual and documented costs incurred by Contractor. The City will not reimburse Contractor for any avoidable costs incurred after the receipt of cancellation including, but not limited to, lost profits, shipment of product, or performance of services.
8. Notices. All notices to be given pursuant to the Agreement will be delivered to the Contractor as listed on Page 1 of this Agreement. Notice will be delivered pursuant to the requirements set forth in the Mesa Standard Terms and Conditions that is attached to the Agreement as Exhibit C.
9. Representations of Contractor. To the best of Contractor’s knowledge, Contractor agrees that:
a. Contractor has no obligations, legal or otherwise, inconsistent with the terms of the Agreement or with Contractor’s undertaking of the relationship with the City; b. Performance of the services called for by the Agreement do not and will not violate any applicable law, rule, regulation, or any proprietary or other right of any third party; c. Contractor will not use in the performance of Contractor’s responsibilities under the Agreement any proprietary information or trade secret of a former employer of its employees (other than City, if applicable); and
d. Contractor has not entered into and will not enter into any agreement, whether oral or written, in conflict with the Agreement.
10. Mesa Standard Terms and Conditions. Exhibit C to the Agreement is the Mesa Standard Terms and Conditions as modified by the Parties, which are incorporated by reference into the Agreement as though fully set forth herein. In the event of any inconsistency between the terms of the Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will control. The Parties or a Party are referred to as a “party” or “parties” in the Mesa Standard Terms and Conditions. The Term is referred to as the “term” in the Mesa Standard Terms and Conditions.
11. Counterparts and Facsimile or Electronic Signatures. This Agreement may be executed in two (2) or more counterparts, each of which will be deemed an original and all of which, taken together, will constitute one agreement. A facsimile or other electronically delivered signature to the Agreement will be deemed an original and binding upon the Party against whom enforcement is sought.
12. Incorporation of Recitals and Exhibits. All Recitals and Exhibits to the Agreement are hereby incorporated by reference into the Agreement as if written out and included herein. In the event of any inconsistency between the terms of the body of the Agreement and the Exhibits, the language of the Agreement will control.
Exhibits to this Agreement are the following:
• (A) Scope of Work / Technical Specifications
• (B) Pricing
• (C) Mesa Standard Terms and Conditions
• (D) Special Terms and Conditions for Federal Funds
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13. Attorneys’ Fees. The prevailing Party in any litigation arising out of the Agreement will be entitled to the recovery of its reasonable attorney’s fees, court costs, and other litigation-related costs and fees from the other Party.
14. Additional Acts. The Parties agree to execute promptly such other documents and to perform such other acts as may be reasonably necessary to carry out the purpose and intent of the Agreement.
15. Headings. The headings of the Agreement are for reference only and will not limit or define the meaning of any provision of the Agreement.
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By executing below, each Party acknowledges that it understands, approves, and accepts all of the terms of the Agreement and the attached exhibits.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
CITY OF MESA, ARIZONA
By:
Printed Name
Title
Date
REVIEWED BY:
By:
Ted Stallings, CPPB
Procurement Officer II
CONTRACTOR NAME
By:
Printed Name
Title
Date
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EXHIBIT A
SCOPE OF WORK
The Scope of Work / Technical Specifications and Vendor Response will be added here when Agreement is finalized.
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EXHIBIT B
PRICING
Attachment A Pricing will be added here when Agreement is finalized.
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EXHIBIT C
MESA STANDARD TERMS AND CONDITIONS
1. INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against City, Contractor will defend, indemnify, and hold harmless City from all such claims.
2. SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein.
3. ASSIGNMENT. This Agreement may not be assigned, either in whole or in part, without first receiving City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event City will have the right, at its option, to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement.
4. SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
5. NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create or will create, any benefits, rights, or responsibilities for any third parties.
6. NON-EXCLUSIVITY. City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement.
7. AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in writing and signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by City and Contractor.
8. TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement.
9. COMPLIANCE WITH APPLICABLE LAWS.
a. General. Contractor must procure all permits/licenses and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve compliance throughout the term of the Agreement. Upon request, Contractor will demonstrate to City's satisfaction any programs, procedures, and other activities used to ensure compliance.
b. Drug-Free Workplace. Contractor is hereby advised that City has adopted a policy establishing a drug-free workplace for itself and those doing business with City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, EXHIBIT 1
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possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties.
c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. i. As applicable to Contractor, under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to t City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees and A.R.S. § 23-214(A) (hereinafter collectively the “Contractor Immigration Warranty”).
ii. A breach of the Contractor Immigration Warranty will constitute a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of City.
iii. To ensure Contractor and its subcontractors are complying with Contractor Immigration Warranty, City retains the legal right to conduct random verification of the employment records of any Contractor or subcontractor employee who works on this Agreement, including the inspection of the papers of such employees. Contractor agrees to assist City in regard to any random verification performed.
iv. Neither Contractor nor any subcontractor will be deemed to have materially breached Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274a and 274b of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. § 23-214(A).
d. Nondiscrimination. Contractor understands and acknowledges that it is the policy of City of Mesa to promote nondiscrimination. As such, Contractor represents and warrants that it does not discriminate against any person on the basis of race, color, ethnicity, national origin, age, disability, religion, sex, sexual orientation, gender identity, veteran's status, marital status, familial status, or genetic information (collectively, “protected status”) in employment, housing, or facilities, establishments, accommodations, services, commodities, or use offered to or enjoyed by the general public. Contractor further represents and warrants that it does not, on the basis of protected status, refuse to hire or employ or bar or discharge from employment any person, or to discriminate against such person in compensation, conditions, or privileges of employment. In performance of this Agreement, Contractor shall comply with all applicable federal, state, and local laws and executive orders regarding non-discrimination including, but not limited to, the following (as amended): Title VII of the U.S. Civil Rights Act of 1964; Section 504 of the Federal Rehabilitation Act; Age Discrimination Act of 1967; Equal Pay Act of 1963; and Americans with Disabilities Act of 1990.__
e. State Sponsors of Terrorism Prohibition. Per A.R.S. § 35-392, Contractor must not be in violation of section 6(j) of the Federal Export Administration Act and subsequently prohibited by the State of Arizona from selling goods or services to City. f. Israel Boycott Divestments. In accordance with the requirements of A.R.S. § 35-393.01, by entering into this Agreement, Contractor certifies that it is not currently engaged in, and agrees for the duration of the Agreement to not engage in, a boycott of Israel. g. Forced Ethnic Uyghur Labor Prohibition. In accordance with the requirements of A.R.S. § 35-394, Contractor certifies that it does not currently, and agrees for the duration of the contract that it will not, use (i) the forced labor of ethnic Uyghurs in the People’s Republic of China; (ii) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic EXHIBIT 1
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of China; or (iii) any contractors, subcontractors, or Contractors that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.
h. Termination for Violation of Forced Ethnic Uyghur Labor Prohibition. If, after providing the certification described in (g), Contractor becomes aware that it is not in compliance with the certification, it shall notify City within five (5) business days of becoming aware of the noncompliance. Contractor acknowledges that it must remedy the noncompliance and provide written certification of that within 180 days after notifying City of its noncompliance. If Contractor fails to remedy the noncompliance and provide the written certification within 180 days, the contract shall terminate immediately.
10. SALES/USE TAX, OTHER TAXES.
a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement including, by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees, as required. If any taxing authority should deem Contractor or Contractor employees an employee of City, or should otherwise claim City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, then Contractor will indemnify City for any tax liability, interest, and penalties imposed upon City.
b. City is exempt from paying certain federal excise taxes and will furnish an exemption certificate upon request. City is not exempt from state and local sales/use taxes.
11. AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations, whether or not related to the Agreement, due to City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due City or fees and charges owed to City.
12. PUBLIC RECORDS. Contractor acknowledges that City is a public body, subject to Arizona’s public records laws (A.R.S. § 39-121 et seq.) and any documents related to this Agreement may be subject to disclosure pursuant to state law in response to a public records request or to subpoena or other judicial process.
a. If Contractor believes documents related to the Agreement contain trade secrets or other proprietary data, Contractor must have notified City pursuant to Mesa Procurement Rules Section 2.1 or notified City with a notification statement specifically identifying the trade secrets or other proprietary data that Contractor believes should remain confidential. b. In the event City determines it is legally required to disclose pursuant to law any documents or information Contractor deems confidential trade secrets or proprietary data, City, to the extent possible, will provide Contractor with prompt written notice by certified mail, fax, email or other method that tracks delivery status of the requirement to disclose the information so Contractor may seek a protective order from a court having jurisdiction over the matter or obtain other appropriate remedies. The notice will include a time period for Contractor to seek court ordered protection or other legal remedies as deemed appropriate by Contractor. If Contractor does not obtain such court ordered protection by the expiration of said time period, City may release the information without further notice to Contractor.
13. AUDITS AND RECORDS. Pursuant to A.R.S 41-2548 and A.R.S. 32-214, Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement.
City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, City may inspect all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by City.
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14. BACKGROUND CHECK. In accordance with City’s current background check policies, City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement who will have access to City’s information, data, or facilities. Any officer, employee, or agent who fails the background check must be replaced immediately for any reasonable cause not prohibited by law.
15. SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether any individual or entity may provide services under this Agreement. If City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from City, remove any such individual from the performance of services under this Agreement.
16. DEFAULT.
a. A party will be in default of the Agreement if that party:
i. Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; ii. Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days;
iii. Conducts business in an unethical manner as set forth in City Procurement Rules Article 7 or in an illegal manner;
iv. Fails to carry out any term, promise, or condition of the Agreement; or v. Is debarred from participating in City procurements and solicitations in accordance with Article 6 of City’s Procurement Rules.
b. Notice and Opportunity to Cure. In the event a party is in default then the other party will provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default, unless the default is of a nature that it is reasonably anticipated to affect the health, safety, or welfare of the public and, in such an event, the non-defaulting party may require a minimum seven (7) days to cure the default from the date of receipt of the notice; the cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default.
Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. Failure of the defaulting party to cure the default will entitle the nondefaulting party to the election of remedies specific to the party as set forth in section 17 below. c. Anticipatory Repudiation. Whenever City in good faith has reason to question Contractor’s intent or ability to perform, City may demand that Contractor give a written assurance of its intent and ability to perform. In the event demand is made and no written assurance is given within ten (10) calendar days, City may treat this failure as an anticipatory repudiation of the Agreement entitling City to terminate the Agreement in accordance with section 17(a) below.
17. REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default:
a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. City may purchase the services or materials required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price in the Agreement, City may recover the excess cost by: (i) requiring immediate reimbursement by Contractor to City; (ii) EXHIBIT 1
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deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as permitted by law. Costs in this Subsection (b) include any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement including, but not limited to, administrative expenses, attorneys’ fees, and costs.
c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it.
d. Neither party will be liable for incidental, special, or consequential damages.
18. CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement.
19. TERMINATION FOR CONVENIENCE. City reserves the right to terminate this Agreement, in part or in whole, for its sole convenience upon thirty (30) calendar days’ written notice. Contractor acknowledges that, as with any termination permitted under this Agreement, in the event of a termination for convenience, Contractor is only entitled to payment in accordance with section 22 (Payment to Contractor Upon Termination); Contractor will not be entitled to any anticipated lost profits had the Agreement been performed to completion.
20. TERMINATION FOR CONFLICT OF INTEREST (A.R.S. § 38-511). Pursuant to A.R.S. § 38-511, City may cancel this Agreement within three (3) years after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for City becomes an employee or agent of Contractor.
21. TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If City reasonably determines it does not have funds to meet its obligations under this Agreement, City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date.
22. PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement for any reason, Contractor will be entitled only to payments authorized under the Agreement for those services performed or materials provided in accordance with the Agreement up to the date of termination, and any authorized expenses already incurred up to such date of termination. City will make final payment within thirty (30) calendar days after City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice.
23. NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this Agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies.
24. INDEMNIFICATION; LIABILITY.
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold harmless City, its elected officials, agents, representatives and employees (collectively, including City, “City Personnel”) from and against any and all liabilities, demands, claims, suits, penalties, obligations, losses, damages, causes of action, fines or judgments of any kind, including costs, attorneys’, witnesses’ and expert witnesses’ fees, and expenses incident thereto (all of the foregoing, collectively “Claims”) imposed upon or asserted against City Personnel by a third party relating to, arising out of or resulting from, in whole or in part: (i) services and/or materials provided under this Agreement by Contractor or its officers, agents, EXHIBIT 1
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or employees (collectively, including Contractor, “Contractor Personnel”): (ii) negligent acts, errors, mistakes or omissions of Contractor Personnel; or (iii) failure of Contractor Personnel to comply with or fulfill the obligations established by this Agreement. Contractor’s indemnification, duty to defend and hold harmless City Personnel in this Subsection (a) will apply to all Claims against City Personnel except Claims arising solely from the negligence or intentional acts of City Personnel.
b. City assumes no liability for the actions of Contractor Personnel and will not indemnify or hold Contractor Personnel or any third party harmless for Claims relating to, arising out of or resulting from, in whole or in part, this Agreement or use of Contractor Personnel-provided services or materials.
25. WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like, and professional manner. City’s acceptance of services or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If City reasonably determines any materials or services are of a substandard or unsatisfactory manner, Contractor, at no additional charge to City, will provide materials or redo such services until in accordance with this Agreement and to City’s reasonable satisfaction.
Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications.
26. THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice City’s right to recover against third parties for any loss, destruction, or damage to City property and will, at City’s request and expense, furnish to ity reasonable assistance and cooperation in obtaining recovery, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of City.
27. NO GUARANTEE OF WORK. Contractor acknowledges and agrees: (i) it is not entitled to deliver any specific amount of materials or services, or any materials or services at all, under this Agreement; and (ii) the materials or services will be requested by City on an as needed basis, at the sole discretion of City. Any document referencing quantities or performance frequencies represent City's best estimate of current requirements, but will not bind City to purchase, accept, or pay for materials or services which exceed its actual needs.
28. OWNERSHIP. All deliverables, services, and information provided by Contractor or City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of City and will not be used or released by Contractor or any other person except with prior written permission by City.
29. USE OF NAME. Contractor will not use the name of City of Mesa in any advertising or publicity without obtaining the prior written consent of City.
30. PROHIBITED ACTS. Contractor acknowledges the applicability of A.R.S. § 38-504 which prohibits a person who, within the preceding twelve (12) months, is or was a public officer or employee of City from representing another person (including Contractor) before City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment by a substantial and material exercise of administrative discretion. Further, while employed by City and for two (2) years thereafter, public officers or employees are prohibited from disclosing or using, without appropriate authorization, any confidential information acquired by such person in the course of his or her official duties at City.
31. FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed.
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32. RISK OF LOSS. Contractor agrees to bear all risk of loss, injury, or destruction of Contractor’s goods or equipment incidental to Contractor providing the services and materials under this Agreement and such loss, injury, or destruction will not release Contractor from any obligation hereunder.
33. SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage or loss to City real or personal property when such property is the responsibility of or in the custody of Contractor or its personnel.
34. WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow City to use, the materials and services being provided and that City may use same without suit, trouble or hindrance from Contractor or third parties.
35. PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the warranty in section 34, Contractor will without limitation and at its expense defend City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret, or other intellectual property right and must, without limitation, pay the costs, damages and attorney's fees awarded against City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs City may incur to acquire substitute supplies or services.
36. CONTRACT ADMINISTRATION. The contract will be administered by the applicable Purchasing Officer and/or an authorized representative from the using department (collectively “Contractor Administrators”); all questions regarding the Agreement will be referred to the Contract Administrators. If authorized by the Contract Administrators, supplements or amendments may be written to the Agreement for the addition or deletion of services. Payment will be negotiated and determined by the Contract Administrators.
37. FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will, within five (5) calendar days of the unforeseeable circumstance, notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties.
38. COOPERATIVE USE OF CONTRACT. City has entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures (SAVE) cooperative. Under the SAVE Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Arizona with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency.
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City currently holds or may enter into Intergovernmental Governmental Agreements (IGA) with numerous governmental entities. These agreements allow the entities, with the approval of Contractor, to purchase their requirements under the terms and conditions of this Agreement.
A contractor, subcontractor or vendor or any employee of a contractor, subcontractor, or vendor who is contracted to provide services on a regular basis at an individual school shall obtain a valid fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A school district governing board shall adopt policies to exempt a person from the requirements of this subsection if the person's normal job duties are not likely to result in independent access to or unsupervised contact with pupils. A school district, its governing board members, its school council members, and its employees are exempt from civil liability for the consequences of adoption and implementation of policies and procedures pursuant to this subsection unless the school district, its governing board members, its school council members or its employees are guilty of gross negligence or intentional misconduct.
Additionally, Contractor will comply with the governing body’s fingerprinting policy of each individual school district and public entity. Contractor, subcontractors, vendors, and their employees will not provide services on school district properties until authorized by the school district.
Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.
City is not responsible for any disputes arising out of transactions made by others.
39. FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by City’s Purchasing Division.
40. NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be sent via personal delivery, certified or registered mail with postage prepaid, overnight courier, facsimile, or email. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier, facsimile, or email, receipt will be deemed effective two (2) calendar days after the sending thereof.
41. GOVERNING LAW, FORUM. This Agreement is governed by the laws of the State of Arizona.
The exclusive forum selected for any proceeding or suit, in law or equity, arising from or incident to this Agreement will be Maricopa County, Arizona.
42. INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed.
43. PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated herein.
44. SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability.
45. SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination.
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46. A.R.S. SECTIONS 1-501 and 1-502. Pursuant to A.R.S §§ 1-501 and 1-502, any person who applies to City for a local public benefit (the definition of which includes a grant, contract, or loan) must demonstrate his or her lawful presence in the United States. As this Agreement is deemed a local public benefit, if Contractor is an individual (natural) person or sole proprietorship, Contractor agrees to sign and submit the necessary documentation to prove compliance with the statutes if applicable.
47. AUTHORITY. Each party hereby warrants and represents that it has full power and authority to enter into and perform this Agreement and that the person signing on behalf of each is properly authorized and empowered to enter into the Agreement. Each party further acknowledges that it has read this Agreement, understands it, and agrees to be bound by it.
48. PCI DSS COMPLIANCE. In the event any Contractor engages in payment card transactions as a part of the services provided to City, Contractor shall comply with the Payment Card Industry Data Security Standards (“PCI DSS”) and any amendments or restatements of the PCI DSS during the Term of this Agreement. Contractor accepts responsibility for the security of City’s and/or any customer’s credit card data in its possession, even if all or a portion of the services to City are subcontracted to third parties.
EXHIBIT 1
DRAFT AGREEMENT
Version June 28, 2023
2024056 Page 133 of 133
EXHIBIT D
SPECIAL TERMS AND CONDITIONS FOR FEDERAL FUNDS
The Special Terms and Conditions for Federal Funds will be added here when Agreement is finalized.
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1. INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against City, Contractor will defend, indemnify, and hold harmless City from all such claims.
2. SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein.
3. ASSIGNMENT. This Agreement may not be assigned, either in whole or in part, without first receiving City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event City will have the right, at its option, to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement.
4. SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
5. NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create or will create, any benefits, rights, or responsibilities for any third parties.
6. NON-EXCLUSIVITY. City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement.
7. AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in writing and signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by City and Contractor.
8. TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement.
9. COMPLIANCE WITH APPLICABLE LAWS.
a. General. Contractor must procure all permits/licenses and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve compliance throughout the term of the Agreement. Upon request, Contractor will demonstrate to City's satisfaction any programs, procedures, and other activities used to ensure compliance.
b. Drug-Free Workplace. Contractor is hereby advised that City has adopted a policy establishing a drug-free workplace for itself and those doing business with City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties.
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c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. i. As applicable to Contractor, under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to t City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees and A.R.S. § 23-214(A) (hereinafter collectively the “Contractor Immigration Warranty”).
ii. A breach of the Contractor Immigration Warranty will constitute a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of City.
iii. To ensure Contractor and its subcontractors are complying with Contractor Immigration Warranty, City retains the legal right to conduct random verification of the employment records of any Contractor or subcontractor employee who works on this Agreement, including the inspection of the papers of such employees. Contractor agrees to assist City in regard to any random verification performed.
iv. Neither Contractor nor any subcontractor will be deemed to have materially breached Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274a and 274b of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. § 23-214(A).
d. Nondiscrimination. Contractor understands and acknowledges that it is the policy of City of Mesa to promote nondiscrimination. As such, Contractor represents and warrants that it does not discriminate against any person on the basis of race, color, ethnicity, national origin, age, disability, religion, sex, sexual orientation, gender identity, veteran's status, marital status, familial status, or genetic information (collectively, “protected status”) in employment, housing, or facilities, establishments, accommodations, services, commodities, or use offered to or enjoyed by the general public. Contractor further represents and warrants that it does not, on the basis of protected status, refuse to hire or employ or bar or discharge from employment any person, or to discriminate against such person in compensation, conditions, or privileges of employment. In performance of this Agreement, Contractor shall comply with all applicable federal, state, and local laws and executive orders regarding non-discrimination including, but not limited to, the following (as amended): Title VII of the U.S. Civil Rights Act of 1964; Section 504 of the Federal Rehabilitation Act; Age Discrimination Act of 1967; Equal Pay Act of 1963; and Americans with Disabilities Act of 1990.__
e. State Sponsors of Terrorism Prohibition. Per A.R.S. § 35-392, Contractor must not be in violation of section 6(j) of the Federal Export Administration Act and subsequently prohibited by the State of Arizona from selling goods or services to City. f. Israel Boycott Divestments. In accordance with the requirements of A.R.S. § 35-393.01, by entering into this Agreement, Contractor certifies that it is not currently engaged in, and agrees for the duration of the Agreement to not engage in, a boycott of Israel. g. Forced Ethnic Uyghur Labor Prohibition. In accordance with the requirements of A.R.S. § 35-394, Contractor certifies that it does not currently, and agrees for the duration of the contract that it will not, use (i) the forced labor of ethnic Uyghurs in the People’s Republic of China; (ii) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or (iii) any contractors, subcontractors, or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.
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h. Termination for Violation of Forced Ethnic Uyghur Labor Prohibition. If, after providing the certification described in (g), Contractor becomes aware that it is not in compliance with the certification, it shall notify City within five (5) business days of becoming aware of the noncompliance. Contractor acknowledges that it must remedy the noncompliance and provide written certification of that within 180 days after notifying City of its noncompliance. If Contractor fails to remedy the noncompliance and provide the written certification within 180 days, the contract shall terminate immediately.
10. SALES/USE TAX, OTHER TAXES.
a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement including, by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees, as required. If any taxing authority should deem Contractor or Contractor employees an employee of City, or should otherwise claim City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, then Contractor will indemnify City for any tax liability, interest, and penalties imposed upon City.
b. City is exempt from paying certain federal excise taxes and will furnish an exemption certificate upon request. City is not exempt from state and local sales/use taxes.
11. AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations, whether or not related to the Agreement, due to City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due City or fees and charges owed to City.
12. PUBLIC RECORDS. Contractor acknowledges that City is a public body, subject to Arizona’s public records laws (A.R.S. § 39-121 et seq.) and any documents related to this Agreement may be subject to disclosure pursuant to state law in response to a public records request or to subpoena or other judicial process.
a. If Contractor believes documents related to the Agreement contain trade secrets or other proprietary data, Contractor must have notified City pursuant to Mesa Procurement Rules Section 2.1 or notified City with a notification statement specifically identifying the trade secrets or other proprietary data that Contractor believes should remain confidential. b. In the event City determines it is legally required to disclose pursuant to law any documents or information Contractor deems confidential trade secrets or proprietary data, City, to the extent possible, will provide Contractor with prompt written notice by certified mail, fax, email or other method that tracks delivery status of the requirement to disclose the information so Contractor may seek a protective order from a court having jurisdiction over the matter or obtain other appropriate remedies. The notice will include a time period for Contractor to seek court ordered protection or other legal remedies as deemed appropriate by Contractor. If Contractor does not obtain such court ordered protection by the expiration of said time period, City may release the information without further notice to Contractor.
13. AUDITS AND RECORDS. Pursuant to A.R.S 41-2548 and A.R.S. 32-214, Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement.
City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, City may inspect all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by City.
14. BACKGROUND CHECK. In accordance with City’s current background check policies, City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement who will have access to City’s information, data,
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or facilities. Any officer, employee, or agent who fails the background check must be replaced immediately for any reasonable cause not prohibited by law.
15. SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether any individual or entity may provide services under this Agreement. If City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from City, remove any such individual from the performance of services under this Agreement.
16. DEFAULT.
a. A party will be in default of the Agreement if that party:
i. Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; ii. Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days;
iii. Conducts business in an unethical manner as set forth in City Procurement Rules Article 7 or in an illegal manner;
iv. Fails to carry out any term, promise, or condition of the Agreement; or v. Is debarred from participating in City procurements and solicitations in accordance with Article 6 of City’s Procurement Rules.
b. Notice and Opportunity to Cure. In the event a party is in default then the other party will provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default, unless the default is of a nature that it is reasonably anticipated to affect the health, safety, or welfare of the public and, in such an event, the non-defaulting party may require a minimum seven (7) days to cure the default from the date of receipt of the notice; the cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default.
Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. Failure of the defaulting party to cure the default will entitle the nondefaulting party to the election of remedies specific to the party as set forth in section 17 below. c. Anticipatory Repudiation. Whenever City in good faith has reason to question Contractor’s intent or ability to perform, City may demand that Contractor give a written assurance of its intent and ability to perform. In the event demand is made and no written assurance is given within ten (10) calendar days, City may treat this failure as an anticipatory repudiation of the Agreement entitling City to terminate the Agreement in accordance with section 17(a) below.
17. REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default:
a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. City may purchase the services or materials required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price in the Agreement, City may recover the excess cost by: (i) requiring immediate reimbursement by Contractor to City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as permitted by law. Costs in this Subsection (b) include any and all, fees, and expenses incurred in obtaining substitute
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services and expended in obtaining reimbursement including, but not limited to, administrative expenses, attorneys’ fees, and costs.
c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it.
d. Neither party will be liable for incidental, special, or consequential damages.
18. CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement.
19. TERMINATION FOR CONVENIENCE. City reserves the right to terminate this Agreement, in part or in whole, for its sole convenience upon thirty (30) calendar days’ written notice. Contractor acknowledges that, as with any termination permitted under this Agreement, in the event of a termination for convenience, Contractor is only entitled to payment in accordance with section 22 (Payment to Contractor Upon Termination); Contractor will not be entitled to any anticipated lost profits had the Agreement been performed to completion.
20. TERMINATION FOR CONFLICT OF INTEREST (A.R.S. § 38-511). Pursuant to A.R.S. § 38-511, City may cancel this Agreement within three (3) years after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for City becomes an employee or agent of Contractor.
21. TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If City reasonably determines it does not have funds to meet its obligations under this Agreement, City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date.
22. PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement for any reason, Contractor will be entitled only to payments authorized under the Agreement for those services performed or materials provided in accordance with the Agreement up to the date of termination, and any authorized expenses already incurred up to such date of termination. City will make final payment within thirty (30) calendar days after City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice.
23. NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this Agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies.
24. INDEMNIFICATION; LIABILITY.
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold harmless City, its elected officials, agents, representatives and employees (collectively, including City, “City Personnel”) from and against any and all liabilities, demands, claims, suits, penalties, obligations, losses, damages, causes of action, fines or judgments of any kind, including costs, attorneys’, witnesses’ and expert witnesses’ fees, and expenses incident thereto (all of the foregoing, collectively “Claims”) imposed upon or asserted against City Personnel by a third party relating to, arising out of or resulting from, in whole or in part: (i) services and/or materials provided under this Agreement by Contractor or its officers, agents, or employees (collectively, including Contractor, “Contractor Personnel”): (ii) negligent acts, errors, mistakes or omissions of Contractor Personnel; or (iii) failure of Contractor Personnel to comply with or fulfill the obligations established by this Agreement. Contractor’s indemnification, duty to defend and hold harmless City Personnel in this Subsection (a) will
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apply to all Claims against City Personnel except Claims arising solely from the negligence or intentional acts of City Personnel.
b. City assumes no liability for the actions of Contractor Personnel and will not indemnify or hold Contractor Personnel or any third party harmless for Claims relating to, arising out of or resulting from, in whole or in part, this Agreement or use of Contractor Personnel-provided services or materials.
25. WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like, and professional manner. City’s acceptance of services or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If City reasonably determines any materials or services are of a substandard or unsatisfactory manner, Contractor, at no additional charge to City, will provide materials or redo such services until in accordance with this Agreement and to City’s reasonable satisfaction.
Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications.
26. THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice City’s right to recover against third parties for any loss, destruction, or damage to City property and will, at City’s request and expense, furnish to City reasonable assistance and cooperation in obtaining recovery, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of City.
27. NO GUARANTEE OF WORK. Contractor acknowledges and agrees: (i) it is not entitled to deliver any specific amount of materials or services, or any materials or services at all, under this Agreement; and (ii) the materials or services will be requested by City on an as needed basis, at the sole discretion of City. Any document referencing quantities or performance frequencies represent City's best estimate of current requirements, but will not bind City to purchase, accept, or pay for materials or services which exceed its actual needs.
28. OWNERSHIP. All deliverables, services, and information provided by Contractor or City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of City and will not be used or released by Contractor or any other person except with prior written permission by City.
29. USE OF NAME. Contractor will not use the name of City of Mesa in any advertising or publicity without obtaining the prior written consent of City.
30. PROHIBITED ACTS. Contractor acknowledges the applicability of A.R.S. § 38-504 which prohibits a person who, within the preceding twelve (12) months, is or was a public officer or employee of City from representing another person (including Contractor) before City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment by a substantial and material exercise of administrative discretion. Further, while employed by City and for two (2) years thereafter, public officers or employees are prohibited from disclosing or using, without appropriate authorization, any confidential information acquired by such person in the course of his or her official duties at City.
31. FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed.
32. RISK OF LOSS. Contractor agrees to bear all risk of loss, injury, or destruction of Contractor’s goods or equipment incidental to Contractor providing the services and materials under this Agreement and such loss, injury, or destruction will not release Contractor from any obligation hereunder.
33. SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage or loss to
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City real or personal property when such property is the responsibility of or in the custody of Contractor or its personnel.
34. WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow City to use, the materials and services being provided and that City may use same without suit, trouble or hindrance from Contractor or third parties.
35. PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the warranty in section 34, Contractor will without limitation and at its expense defend City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret, or other intellectual property right and must, without limitation, pay the costs, damages and attorney's fees awarded against City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs City may incur to acquire substitute supplies or services.
36. CONTRACT ADMINISTRATION. The contract will be administered by the applicable Purchasing Officer and/or an authorized representative from the using department (collectively “Contractor Administrators”); all questions regarding the Agreement will be referred to the Contract Administrators. If authorized by the Contract Administrators, supplements or amendments may be written to the Agreement for the addition or deletion of services. Payment will be negotiated and determined by the Contract Administrators.
37. FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will, within five (5) calendar days of the unforeseeable circumstance, notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties.
38. COOPERATIVE USE OF CONTRACT. City has entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures (SAVE) cooperative. Under the SAVE Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Arizona with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency.
City currently holds or may enter into Intergovernmental Governmental Agreements (IGA) with numerous governmental entities. These agreements allow the entities, with the approval of Contractor, to purchase their requirements under the terms and conditions of this Agreement.
A contractor, subcontractor or vendor or any employee of a contractor, subcontractor, or vendor who is contracted to provide services on a regular basis at an individual school shall obtain a valid fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A school district governing
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board shall adopt policies to exempt a person from the requirements of this subsection if the person's normal job duties are not likely to result in independent access to or unsupervised contact with pupils. A school district, its governing board members, its school council members, and its employees are exempt from civil liability for the consequences of adoption and implementation of policies and procedures pursuant to this subsection unless the school district, its governing board members, its school council members or its employees are guilty of gross negligence or intentional misconduct.
Additionally, Contractor will comply with the governing body’s fingerprinting policy of each individual school district and public entity. Contractor, subcontractors, vendors, and their employees will not provide services on school district properties until authorized by the school district.
Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.
City is not responsible for any disputes arising out of transactions made by others.
39. FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by City’s Purchasing Division.
40. NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be sent via personal delivery, certified or registered mail with postage prepaid, overnight courier, facsimile, or email. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier, facsimile, or email, receipt will be deemed effective two (2) calendar days after the sending thereof.
41. GOVERNING LAW, FORUM. This Agreement is governed by the laws of the State of Arizona.
The exclusive forum selected for any proceeding or suit, in law or equity, arising from or incident to this Agreement will be Maricopa County, Arizona.
42. INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed.
43. PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated herein.
44. SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability.
45. SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination.
46. A.R.S. SECTIONS 1-501 and 1-502. Pursuant to A.R.S §§ 1-501 and 1-502, any person who applies to City for a local public benefit (the definition of which includes a grant, contract, or loan) must demonstrate his or her lawful presence in the United States. As this Agreement is deemed a local public benefit, if Contractor is an individual (natural) person or sole proprietorship, Contractor agrees to sign and submit the necessary documentation to prove compliance with the statutes if applicable.
47. AUTHORITY. Each party hereby warrants and represents that it has full power and authority to enter into and perform this Agreement and that the person signing on behalf of each is properly
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authorized and empowered to enter into the Agreement. Each party further acknowledges that it has read this Agreement, understands it, and agrees to be bound by it.
48. PCI DSS COMPLIANCE. In the event any Contractor engages in payment card transactions as a part of the services provided to City, Contractor shall comply with the Payment Card Industry Data Security Standards (“PCI DSS”) and any amendments or restatements of the PCI DSS during the Term of this Agreement. Contractor accepts responsibility for the security of City’s and/or any customer’s credit card data in its possession, even if all or a portion of the services to City are subcontracted to third parties.
E. Describe any products offered by Supplier that are not captured in the pricing matrix below. Describe how Supplier proposes to price those items.
Item # Product Product / Group
Proposed
Discount Manufacturer Name
Proposed
Discount Manufacturer Name
1) Desktops 3.25% All Manufacturers,
excluding Apple
0.50% Apple
2) Notebooks 4.00% All Manufacturers,
excluding Apple
0.50% Apple
3) Tablets 4.00% All Manufacturers,
excluding Apple
0.50% Apple
4) Servers (Physical and Virtual)
(1 Processor, 2 Processor, 4+ Processor,
Blade, Tower, Unix, Handhelds, etc)
5.00% All Manufacturers,
excluding Apple
0.50% Apple
5) Keyboards
7.50% All Manufacturers,
excluding Apple
0.50% Apple
6) Mice
7.50% All Manufacturers,
excluding Apple
0.50% Apple
7) Imaging Scanners
3.00% All Manufacturers,
excluding Apple
0.50% Apple
A. Propose a national discount off list price pricing structure. These are the minimum discounts Supplier will offer to Participating Agencies.
For each item listed on the National Priceing Tab, Offerors are encouraged to provide a discount off of a verifiable price list by all manufacturers proposed. For example, Group 2, Item 5 is Keyboards. Offeror(s) may wish to propose more than one manufacturer of keyboards, such as Logitech, Fellows, Belkin, Kensington, Tripplite, Dell, HP, Apple, etc. Offeror(s) should provide a separate discount for each manufacturer being proposed. Offeror(s) should add additional columns to the pricing page(s) in order to accommodate additional manufacturers' discounts. In addition to indicating your proposed discounts, you must also apply those discounts to the sample items in the City of Mesa Market Basket tab (below).
CDW•G is pleased to offer the City of Mesa and OMNIA Partners Participating Public Agencies a discount off CDW•G Nationally Advertised Pricing (NAP) structure for all Products in Attachment A. The percentages represent the minimum discounts the City of Mesa and OMNIA Partners Participating Public Agencies will benefit from for the duration of the contract. On a case-by-case basis and for large rollouts/projects, CDW•G will work with OMNIA Partners Participating Public Agencies to provide deeper discounts.
The benefit of using CDW•G’s NAP is that it is a publicly available (24/7) and verifiable price schedule, and you can feel confident that its pricing is both up-to-date and competitive.
We have continued to see the technology solutions evolve and OMNIA Partners Participating Public Agencies’ diverse needs change. Cloud offerings are constantly evolving and increasingly complex, with a range of subscription and consumption-based offerings, SaaS, IaaS, PaaS, among others. CDW•G’s pricing is based on Discount 0% off MSRP where available to CDW•G. In cases where MSRP pricing is not available and/or the offering is unique, pricing will be based on CDW•G invoiced price. This structure provides the necessary flexibility to enable the City of Mesa and OMNIA Partners Participating Public Agencies to make purchases of offerings, as cloud offerings evolve, through the life of our contract.
For Services under group 11, we have included rate cards with hourly rates. For group 12 and other specialized offerings not specifically contemplated in this RFP but existing under the scope of Technology offerings, CDW•G and OMNIA Partners Participating Public Agencies will mutually agree upon/execute document, such as a Statement of Work (SOW), and pricing will be based on CDW•G invoice.
Prices include lowest ground freight within the 48 contiguous United States when referencing this Agreement. All orders are subject to CDW•G's standard shipping policies in effect at the time of order placement. In those instances that call for express or overnight delivery, shipping costs will be pre-paid by CDW•G and added to the customer invoice.
Our offer is based on our response submitted on December 20, 2023, to the exceptions outlined in Exhibit A, Response for National Cooperative Contract and Exhibit B, Administration Agreement, Example.
If applicable, you may add additional
manufacturers/discounts
B. Describe the catalog or index that discounts will be taken.
C. Describe any special manufacturer pricing available to Participating Agencies.
D. Describe any special large order or large customer pricing or additional discounts available to Participating Agencies.
As technology offerings are constantly evolving, and becoming increasingly complex, specialized requirements not contemplated under this RFP, will be identified in a Statement of Work or similar document(s) and mutually agreed/executed between CDW•G and OMNIA Partners Participating Public Agencies. The pricing will be determined based on CDW•G invoiced price.
CDW•G has worked with numerous OMNIA Partners Participating Public Agencies during the current contract to obtain deeper discounts and account for budget constraints. In addition, we take advantage of manufacturer promotions, and volume purchases to provide maximum benefit to the City of Mesa and the OMNIA Partners Participating Public Agencies.
CDW•G’s catalog offers access to all manufacturers. As a $25 billion solution provider, we have strong partnerships with the largest and most innovative manufacturers.
This ensures our NAP pricing for all the manufacturers is inclusive of our economies of scale, relationship, and position in the marketplace. For specific scenarios, such as large volume purchases/projects, CDW•G will work with the manufacturers to secure deeper discounts. Analyzing the purchase history of the City of Mesa and OMNIA Partners Participating Public Agencies, we are confident in our ability to continue to work with your preferred manufacturers to provide a competitive offering through the life of the contract.
CDW•G publishes, maintains, and provides access to NAP at www.cdwg.com available 24/7. The single most important parameter in a price model is the reference point from which discounts are calculated.
The City and OMNIA Partners Participating Public Agencies can trust that the pricing is competitive with other large-scale contracts. As stated above, by tying your pricing to the CDW•G’s NAP reference point, we ensure real-time market-based competitive pricing for purchases over the life of the agreement. To ensure our competitiveness, CDW•G monitors competitive pricing, market trends, supply chain forecasts, and a holistic view of the IT marketplace to ensure our NAP pricing benefits the City of Mesa and OMNIA Partners Participating Public Agencies. CDW•G’s proprietary technologies along with dedicated pricing experts ensure CDW•G’s NAP pricing is adjusted to be price competitive.
National Pricing Discount
1.00 Group 1 - Systems
8) POS Scanners
4.25% All Manufacturers,
excluding Apple
0.50% Apple
9) Pointing Devices
5.00% All Manufacturers,
excluding Apple
0.50% Apple
10) Bar Code Readers
4.25% All Manufacturers,
excluding Apple
0.50% Apple
11) Audio Input
15.00% All Manufacturers,
excluding Apple
0.50% Apple
12) Input Adapters
6.00% All Manufacturers,
excluding Apple
0.50% Apple
13) PC and Network Cameras
7.00% All Manufacturers,
excluding Apple
0.50% Apple
14) Input Cables
15.00% All Manufacturers,
excluding Apple
0.50% Apple
15) Input Accessories
7.50% All Manufacturers,
excluding Apple
0.50% Apple
16) Displays
5.00% All Manufacturers,
excluding Apple
0.50% Apple
17) Printers
3.00% All Manufacturers,
excluding Apple
0.50% Apple
18) Inkjet Printres
3.00% All Manufacturers,
excluding Apple
0.50% Apple
19) Inkjet Photo Printers
3.00% All Manufacturers,
excluding Apple
0.50% Apple
20) Laser Printers
3.00% All Manufacturers,
excluding Apple
0.50% Apple
21) Label Printers
4.25% All Manufacturers,
excluding Apple
0.50% Apple
22) Dot Matrix Printers
3.00% All Manufacturers,
excluding Apple
0.50% Apple
23) Multi-Function Printers
3.00% All Manufacturers,
excluding Apple
0.50% Apple
24) Wide Format Printers
3.00% All Manufacturers,
excluding Apple
0.50% Apple
25) Multi-Function Inkjet Printers
3.00% All Manufacturers,
excluding Apple
0.50% Apple
26) Wide Format Printers
3.00% All Manufacturers,
excluding Apple
0.50% Apple
27) Fax Machine Printers
3.00% All Manufacturers,
excluding Apple
0.50% Apple
28) Printer Accessories
3.00% All Manufacturers,
excluding Apple
0.50% Apple
29) Projectors
5.00% All Manufacturers,
excluding Apple
0.50% Apple
30) Projector Accessories
5.00% All Manufacturers,
excluding Apple
0.50% Apple
31) Audio Input
15.00% All Manufacturers,
excluding Apple
0.50% Apple
32) Video Cards
5.00% All Manufacturers,
excluding Apple
0.50% Apple
33) Sound Cards
5.00% All Manufacturers,
excluding Apple
0.50% Apple
34) Output Accessories
7.50% All Manufacturers,
excluding Apple
0.50% Apple
35) Printer Consumables
3.00% All Manufacturers,
excluding Apple
0.50% Apple
36) Desktop 3.25% All Manufacturers,
excluding Apple
0.50% Apple
37) Flash 6.00% All Manufacturers,
excluding Apple
0.50% Apple
38) Networking 7.00% All Manufacturers,
excluding Apple
0.50% Apple
39) Notebook 4.00% All Manufacturers,
excluding Apple
0.50% Apple
40) Printer / Fax 3.00% All Manufacturers,
excluding Apple
0.50% Apple
41) Server 5.00% All Manufacturers,
excluding Apple
0.50% Apple
42) Adapters Fibre Channel
7.00% All Manufacturers,
excluding Apple
0.50% Apple
43) Adapters FireWire / USB
15.00% All Manufacturers,
excluding Apple
0.50% Apple
44) Adapters IDE/ATA/SATA
6.00% All Manufacturers,
excluding Apple
0.50% Apple
45) Adapters RAID
6.00% All Manufacturers,
excluding Apple
0.50% Apple
46) Adapters SCSI
6.00% All Manufacturers,
excluding Apple
0.50% Apple
47) Bridges & Routers
7.00% All Manufacturers,
excluding Apple
0.50% Apple
Group 4 - Memory
2.00 3.00 Group 3 - Output Devices
Group 2 - Input Devices
4.00 48) Disk Arrays 6.00% All Manufacturers,
excluding Apple
0.50% Apple
49) Disk Arrays JBOD 6.00% All Manufacturers,
excluding Apple
0.50% Apple
50) Drives Magneto-Optical 6.00% All Manufacturers,
excluding Apple
0.50% Apple
51) Drives Removable Disks 6.00% All Manufacturers,
excluding Apple
0.50% Apple
52) Fiber Channel Switches 6.00% All Manufacturers,
excluding Apple
0.50% Apple
53) Hard Disks - External 6.00% All Manufacturers,
excluding Apple
0.50% Apple
54) Hard Disks - Fibre Channel
6.00% All Manufacturers,
excluding Apple
0.50% Apple
55) Hard Disks - IDE/ATA/S
6.00% All Manufacturers,
excluding Apple
0.50% Apple
56) Hard Disks - Notebook
6.00% All Manufacturers,
excluding Apple
0.50% Apple
57) Hard Disks - SCSI
6.00% All Manufacturers,
excluding Apple
0.50% Apple
58) Networking Accessories
6.00% All Manufacturers,
excluding Apple
0.50% Apple
59) Optical Drives - CD-ROM
6.00% All Manufacturers,
excluding Apple
0.50% Apple
60) Optical Drives - CD-RW
6.00% All Manufacturers,
excluding Apple
0.50% Apple
61) Optical Drives - DVD-CD 6.00% All Manufacturers,
excluding Apple
0.50% Apple
62) Optical Drives - DVD-RW 6.00% All Manufacturers,
excluding Apple
0.50% Apple
63) Storage Accessories 6.00% All Manufacturers,
excluding Apple
0.50% Apple
64) Storage - NAS 6.00% All Manufacturers,
excluding Apple
0.50% Apple
65) Storage - SAN 6.00% All Manufacturers,
excluding Apple
0.50% Apple
66) Tape Autoloaders -AIT 6.00% All Manufacturers,
excluding Apple
0.50% Apple
67) Tape Autoloaders - DAT
6.00% All Manufacturers,
excluding Apple
0.50% Apple
68) Tape Autoloaders - DLT
6.00% All Manufacturers,
excluding Apple
0.50% Apple
69) Tape Autoloaders - LTO
6.00% All Manufacturers,
excluding Apple
0.50% Apple
70) Tape Drives - 4mm
6.00% All Manufacturers,
excluding Apple
0.50% Apple
71) Tape Drives - 8mm/VXA
6.00% All Manufacturers,
excluding Apple
0.50% Apple
72) Tape Drives - AIT
6.00% All Manufacturers,
excluding Apple
0.50% Apple
73) Tape Drives - DAT
6.00% All Manufacturers,
excluding Apple
0.50% Apple
74) Tape Drives - DLT 6.00% All Manufacturers,
excluding Apple
0.50% Apple
75) Tape Drives - LTO/Ultrium 6.00% All Manufacturers,
excluding Apple
0.50% Apple
76) Tape Drives SDLT 6.00% All Manufacturers,
excluding Apple
0.50% Apple
77) Tape Drives - Travan 6.00% All Manufacturers,
excluding Apple
0.50% Apple
78) 10/100 Hubs & Switches 7.00% All Manufacturers,
excluding Apple
0.50% Apple
79) Bridges & Routers 7.00% All Manufacturers,
excluding Apple
0.50% Apple
80) Gigabit Hubs & Swtiches
7.00% All Manufacturers,
excluding Apple
0.50% Apple
81) Concentrators & Multiplexers
7.00% All Manufacturers,
excluding Apple
0.50% Apple
82) Hardware Firewalls
7.00% All Manufacturers,
excluding Apple
0.50% Apple
83) Intrusion Detection
7.00% All Manufacturers,
excluding Apple
0.50% Apple
84) KVM
5.00% All Manufacturers,
excluding Apple
0.50% Apple
85) Modems
7.00% All Manufacturers,
excluding Apple
0.50% Apple
86) Network Test Equipment
7.00% All Manufacturers,
excluding Apple
0.50% Apple
87) Network Adapters
7.00% All Manufacturers,
excluding Apple
0.50% Apple
6.00 Group 6 - Network Equipment
5.00 Group 5 - Storage Devices
88) Network Cables
15.00% All Manufacturers,
excluding Apple
0.50% Apple
89) Network Accessories
7.00% All Manufacturers,
excluding Apple
0.50% Apple
90) Repeaters & Transcievers
7.00% All Manufacturers,
excluding Apple
0.50% Apple
91) Wireless LAN Accessories
7.00% All Manufacturers,
excluding Apple
0.50% Apple
92) Token Authentication
7.00% All Manufacturers,
excluding Apple
0.50% Apple
93) 10G Fiber Optic Transceivers
7.00% All Manufacturers,
excluding Apple
0.50% Apple
94) 1G Fiber Optic Transceivers
7.00% All Manufacturers,
excluding Apple
0.50% Apple
95) Licensing Packages
(e.g. Microsoft)
4.00% All Manufacturers,
excluding Apple
0.50% Apple
96) Licensing Backup
4.00% All Manufacturers,
excluding Apple
0.50% Apple
97) Licensing Barcode/OC
4.00% All Manufacturers,
excluding Apple
0.50% Apple
98) Licensing Business Application
4.00% All Manufacturers,
excluding Apple
0.50% Apple
99) Licensing CAD/CAM
4.00% All Manufacturers,
excluding Apple
0.50% Apple
100) Licensing - Cloning
4.00% All Manufacturers,
excluding Apple
0.50% Apple
101) Licensing - Computer Services
4.00% All Manufacturers,
excluding Apple
0.50% Apple
102) Licensince - Database
4.00% All Manufacturers,
excluding Apple
0.50% Apple
103) Licensing - Development
4.00% All Manufacturers,
excluding Apple
0.50% Apple
104) Licensing - Entertainment
4.00% All Manufacturers,
excluding Apple
0.50% Apple
105) Licensing - Financial
4.00% All Manufacturers,
excluding Apple
0.50% Apple
106) Licensing - Flow Chart
4.00% All Manufacturers,
excluding Apple
0.50% Apple
107) Licensing - Graphic Design
4.00% All Manufacturers,
excluding Apple
0.50% Apple
108) Licensing - Handheld
4.00% All Manufacturers,
excluding Apple
0.50% Apple
109) Licensing - Network OS
4.00% All Manufacturers,
excluding Apple
0.50% Apple
110) Licensing - OS
4.00% All Manufacturers,
excluding Apple
0.50% Apple
111) Licensing - Personal Organization
4.00% All Manufacturers,
excluding Apple
0.50% Apple
112) Licensing - Presentation
4.00% All Manufacturers,
excluding Apple
0.50% Apple
113) Licensing - Reference
4.00% All Manufacturers,
excluding Apple
0.50% Apple
114) Licensing - Report Analysis
4.00% All Manufacturers,
excluding Apple
0.50% Apple
115) Licensing - Spreadhseet
4.00% All Manufacturers,
excluding Apple
0.50% Apple
116) Licensing - Utilities
4.00% All Manufacturers,
excluding Apple
0.50% Apple
117) Licensing - Warranties
4.00% All Manufacturers,
excluding Apple
0.50% Apple
118) Licensing - Web Development
4.00% All Manufacturers,
excluding Apple
0.50% Apple
119) Licensing - Word Processing
4.00% All Manufacturers,
excluding Apple
0.50% Apple
120) Software - Backup
4.00% All Manufacturers,
excluding Apple
0.50% Apple
121) Software - Barcode / OCR
4.00% All Manufacturers,
excluding Apple
0.50% Apple
122) Software - Business Application
4.00% All Manufacturers,
excluding Apple
0.50% Apple
123) Software - CAD/CAM
4.00% All Manufacturers,
excluding Apple
0.50% Apple
124) Software - Cloning
4.00% All Manufacturers,
excluding Apple
0.50% Apple
125) Software - Computer Services
4.00% All Manufacturers,
excluding Apple
0.50% Apple
126) Software - Database
4.00% All Manufacturers,
excluding Apple
0.50% Apple
127) Software - Development
4.00% All Manufacturers,
excluding Apple
0.50% Apple
7.00 Group 7 - Software
128) Software - Entertainment
4.00% All Manufacturers,
excluding Apple
0.50% Apple
129) Software - Financial
4.00% All Manufacturers,
excluding Apple
0.50% Apple
130) Software - Flow Chart
4.00% All Manufacturers,
excluding Apple
0.50% Apple
131) Software - Graphic Design
4.00% All Manufacturers,
excluding Apple
0.50% Apple
132) Software - Handheld
4.00% All Manufacturers,
excluding Apple
0.50% Apple
133) Software - OS
4.00% All Manufacturers,
excluding Apple
0.50% Apple
134) Software - Personal Organization
4.00% All Manufacturers,
excluding Apple
0.50% Apple
135) Software - Presentation
4.00% All Manufacturers,
excluding Apple
0.50% Apple
136) Software - Reference
4.00% All Manufacturers,
excluding Apple
0.50% Apple
137) Software - Report Analysis
4.00% All Manufacturers,
excluding Apple
0.50% Apple
138) Software - Spreadsheet
4.00% All Manufacturers,
excluding Apple
0.50% Apple
139) Software - Utilities
4.00% All Manufacturers,
excluding Apple
0.50% Apple
140) Software - Warranties
5.00% All Manufacturers,
excluding Apple
0.50% Apple
141) Software - Web Development
4.00% All Manufacturers,
excluding Apple
0.50% Apple
142) Software - Word Processing
4.00% All Manufacturers,
excluding Apple
0.50% Apple
143) Media - 4mm tape
6.00% All Manufacturers,
excluding Apple
0.50% Apple
144) Media - AIT tape
6.00% All Manufacturers,
excluding Apple
0.50% Apple
145) Media - DAT tape
6.00% All Manufacturers,
excluding Apple
0.50% Apple
146) Media - DLT tape
6.00% All Manufacturers,
excluding Apple
0.50% Apple
147) Media LTO / Ultrium tape drive
6.00% All Manufacturers,
excluding Apple
0.50% Apple
148) Media - Magneto - Optical
6.00% All Manufacturers,
excluding Apple
0.50% Apple
149) Media - Optical
6.00% All Manufacturers,
excluding Apple
0.50% Apple
150) Media - SLR tape
6.00% All Manufacturers,
excluding Apple
0.50% Apple
151) Media - Travan tape
6.00% All Manufacturers,
excluding Apple
0.50% Apple
152) Media - VXA tape
6.00% All Manufacturers,
excluding Apple
0.50% Apple
153) Media - zip
6.00% All Manufacturers,
excluding Apple
0.50% Apple
154) IP phones
6.00% All Manufacturers,
excluding Apple
0.50% Apple
155) Video conferencing products
6.00% All Manufacturers,
excluding Apple
0.50% Apple
156) Monitors/TV's
5.00% All Manufacturers,
excluding Apple
0.50% Apple
157) Mounts
5.00% All Manufacturers,
excluding Apple
0.50% Apple
158) Voice gateways / servers
6.00% All Manufacturers,
excluding Apple
0.50% Apple
159) Headsets
6.00% All Manufacturers,
excluding Apple
0.50% Apple
160) Audo conferencing products
6.00% All Manufacturers,
excluding Apple
0.50% Apple
161) Analog phones
6.00% All Manufacturers,
excluding Apple
0.50% Apple
162) Accessories
6.00% All Manufacturers,
excluding Apple
0.50% Apple
163) Advanced Integration
5.00% All Manufacturers,
excluding Apple
0.50% Apple
164) Asset Disposal
5.00% All Manufacturers,
excluding Apple
0.50% Apple
165) Asset Management
5.00% All Manufacturers,
excluding Apple
0.50% Apple
166) Cables
15.00% All Manufacturers,
excluding Apple
0.50% Apple
167) Cables - custom
15.00% All Manufacturers,
excluding Apple
0.50% Apple
Group 9 - Collaboration & IP
Telephony 9.00
8.00 Group 8 - Media Supplies
168) Cables - printer
15.00% All Manufacturers,
excluding Apple
0.50% Apple
169) Cloud Sorage and Services (such as
Azure, Amazon, Wasabi, etc.)
0.00% All applicable Cloud
providers
170) Complex warranties
5.00% All Manufacturers,
excluding Apple
0.50% Apple
171) Desktop Accessories
7.50% All Manufacturers,
excluding Apple
0.50% Apple
172) Display Accessories
5.00% All Manufacturers,
excluding Apple
0.50% Apple
173) Electronic Services
5.00% All Manufacturers,
excluding Apple
0.50% Apple
174) Handheld Accessories
7.50% All Manufacturers,
excluding Apple
0.50% Apple
175) Imaging Accessories
5.00% All Manufacturers,
excluding Apple
0.50% Apple
176) Imaging - Camcorders
5.00% All Manufacturers,
excluding Apple
0.50% Apple
177) Imaging - Digital Cameras
5.00% All Manufacturers,
excluding Apple
0.50% Apple
178) Intrenal Lab Service 0.00%
179) Lab fees 0.00%
180) Managed Services 0.00%
181) Miscellaneous solutions 0.00%
182) Mounting hardware for vehicles
7.50% All Manufacturers,
excluding Apple
0.50% Apple
183) Networking Warranties
5.00% All Manufacturers,
excluding Apple
0.50% Apple
184) Notebook Accessories
7.50% All Manufacturers,
excluding Apple
0.50% Apple
185) Notebook Batteries
5.00% All Manufacturers,
excluding Apple
0.50% Apple
186) PC Lab order services 0.00%
187) POS Accessories
4.25% All Manufacturers,
excluding Apple
0.50% Apple
188) POS Displays
4.25% All Manufacturers,
excluding Apple
0.50% Apple
189) Power Accessories
5.00% All Manufacturers,
excluding Apple
0.50% Apple
190) Power Surge Protection
5.00% All Manufacturers,
excluding Apple
0.50% Apple
191) Power UPS
5.00% All Manufacturers,
excluding Apple
0.50% Apple
192) Server Accessories
5.00% All Manufacturers,
excluding Apple
0.50% Apple
193) Service Charge 0.00%
194) System Components 0.00%
195) Training Courses 0.00%
196) Training Reference Manuals 0.00%
197) Warranties - Electronic
5.00% All Manufacturers,
excluding Apple
0.50% Apple
198) iPAD / Tablet Stylus
0.50% All Manufacturers,
excluding Apple
0.50% Apple
199) Mouse / Wrist Pads
7.50% All Manufacturers,
excluding Apple
0.50% Apple
200) Security Locks and Hardware
7.50% All Manufacturers,
excluding Apple
0.50% Apple
201) Tools
7.50% All Manufacturers,
excluding Apple
0.50% Apple
203) Document Scanner Accessories
3.00% All Manufacturers,
excluding Apple
0.50% Apple
204) Flatbed Scanners
3.00% All Manufacturers,
excluding Apple
0.50% Apple
205) Mobile Scanners
3.00% All Manufacturers,
excluding Apple
0.50% Apple
206) Network Scanners
3.00% All Manufacturers,
excluding Apple
0.50% Apple
207) Sheetfed Scanners
3.00% All Manufacturers,
excluding Apple
0.50% Apple
208) Wide Format Scanners
3.00% All Manufacturers,
excluding Apple
0.50% Apple
209) Workgroup / Department Scanner
3.00% All Manufacturers,
excluding Apple
0.50% Apple
210) Build to Order Desktops
3.25% All Manufacturers,
excluding Apple
0.50% Apple
211) Nettop
3.25% All Manufacturers,
excluding Apple
0.50% Apple
212) Point of Sale
4.25% All Manufacturers,
excluding Apple
0.50% Apple
213) Ultra Small Form Factor
3.25% All Manufacturers,
excluding Apple
0.50% Apple
214) Apple / Mac Memory Upgrades
0.50% All Manufacturers,
excluding Apple
0.50% Apple
215) Chips / SIMMs/SIPPs / ROMs
6.00% All Manufacturers,
excluding Apple
0.50% Apple
216) Computer Cases
3.25% All Manufacturers,
excluding Apple
0.50% Apple
217) CPUs / Fans
5.00% All Manufacturers,
excluding Apple
0.50% Apple
218) Membory Accessories 0.00%
219) Motherboards / Chassis
5.00% All Manufacturers,
excluding Apple
0.50% Apple
220) 1 - 2 port Serial Boards
7.00% All Manufacturers,
excluding Apple
0.50% Apple
221) 3+ port Serial Boards
7.00% All Manufacturers,
excluding Apple
0.50% Apple
222) Console Server
7.00% All Manufacturers,
excluding Apple
0.50% Apple
223) Device Server
7.00% All Manufacturers,
excluding Apple
0.50% Apple
224) Terminal Server
7.00% All Manufacturers,
excluding Apple
0.50% Apple
225) Content Management 0.00%
226) Firewall / VPN Applicances
7.00% All Manufacturers,
excluding Apple
0.50% Apple
227) Multifunction Security Appliances
7.00% All Manufacturers,
excluding Apple
0.50% Apple
228) Network Camera Accessories
7.00% All Manufacturers,
excluding Apple
0.50% Apple
229) Network Cameras
7.00% All Manufacturers,
excluding Apple
0.50% Apple
230) Physical/Environmental Security
7.00% All Manufacturers,
excluding Apple
0.50% Apple
231) Security Applicance Accessories
7.00% All Manufacturers,
excluding Apple
0.50% Apple
232) Security Tokens
7.00% All Manufacturers,
excluding Apple
0.50% Apple
233) Unified Threat Management
7.00% All Manufacturers,
excluding Apple
0.50% Apple
234) 2-way Radios / Walkie Talkies
7.50% All Manufacturers,
excluding Apple
0.50% Apple
235) Apple Notebooks
0.50% All Manufacturers,
excluding Apple
0.50% Apple
236) Convertible PCs / Slate PCs / iPAD
4.00% All Manufacturers,
excluding Apple
0.50% Apple
237) iPAD
0.50% All Manufacturers,
excluding Apple
0.50% Apple
238) Slate Tablet Computers
4.00% All Manufacturers,
excluding Apple
0.50% Apple
239) GPS / PDA
7.50% All Manufacturers,
excluding Apple
0.50% Apple
240) Wireless Communication Devices
4.25% All Manufacturers,
excluding Apple
0.50% Apple
241) Batteries
5.00% All Manufacturers,
excluding Apple
0.50% Apple
242) Power Supplies / Adapters
7.50% All Manufacturers,
excluding Apple
0.50% Apple
243) Rackmountain Equipment
6.00% All Manufacturers,
excluding Apple
0.50% Apple
244) Remote Power Management
5.00% All Manufacturers,
excluding Apple
0.50% Apple
245) Surge Suppressors
5.00% All Manufacturers,
excluding Apple
0.50% Apple
246) UPS / Battery Backup
5.00% All Manufacturers,
excluding Apple
0.50% Apple
247) 14" & smaller LCD Display
5.00% All Manufacturers,
excluding Apple
0.50% Apple
248) 15-19" LCD Display
5.00% All Manufacturers,
excluding Apple
0.50% Apple
249) 15-19" Wide LCD Display
5.00% All Manufacturers,
excluding Apple
0.50% Apple
250) 15-19" Wide LED Display
5.00% All Manufacturers,
excluding Apple
0.50% Apple
251) 20-30" LCD Display
5.00% All Manufacturers,
excluding Apple
0.50% Apple
252) 20-30" Wide LCD Display
5.00% All Manufacturers,
excluding Apple
0.50% Apple
253) 20-30" Wide LED Display
5.00% All Manufacturers,
excluding Apple
0.50% Apple
254) PCoIP and Zero Client Displays
5.00% All Manufacturers,
excluding Apple
0.50% Apple
10.00 Group 10 - Other
255) Arm Mounts
5.00% All Manufacturers,
excluding Apple
0.50% Apple
256) Ceiling Mounts
5.00% All Manufacturers,
excluding Apple
0.50% Apple
257) Combo Mounts
5.00% All Manufacturers,
excluding Apple
0.50% Apple
258) Desktop Stands / Risers
5.00% All Manufacturers,
excluding Apple
0.50% Apple
259) Flat Wlal Mounts
5.00% All Manufacturers,
excluding Apple
0.50% Apple
260) Mount Accessories
5.00% All Manufacturers,
excluding Apple
0.50% Apple
261) Pole Display
5.00% All Manufacturers,
excluding Apple
0.50% Apple
262) Stands / Carts / Feet
5.00% All Manufacturers,
excluding Apple
0.50% Apple
263) Tilt Wall Mounts
5.00% All Manufacturers,
excluding Apple
0.50% Apple
264) C-Cure Products 0.00%
265) Istar Products 0.00%
266) Information Technology/Educational
Furniture
6.00% All Manufacturers,
excluding Apple
0.50% Apple
SERVICE
STANDARD
HOURLY
RATE
DISCOUNT FROM
STANDARD RATE
267) Data / Mobility Architect Consultant See Table 3 below 268) Design and Analysis See Table 3 below
269) Cable Technician See Table 3 below
270) Configuration See Table 3 below
271) Engineer See Table 3 below
272) Implementation See Table 3 below
273) Installation See Table 3 below
274) Project Coordinator See Table 3 below
275) Project Manager See Table 3 below
276) Technician See Table 3 below
277) Training See Table 3 below
278) Maintenance & Support See Table 3 below
279) Solution Architect / Consultant See Table 3 below
280) Staff Augmentation Services and
Support See Table 3 below
281) Additional Services Offered
(please list any additional services offered
and applicable discount / fees on a
separate page and attach) See Table 3 below
See Table 2 below
12.00 Group 12 - Additional
Products/Services Not Identified
11.00 Group 11 - Services
Category Minimum Discount off
CDW•G Advertised
Accessories (A) 7.50%
Power, Cooling & Racks (B) 5.00%
Desktop Computers (C) 3.25%
Data Storage/Drives (D) 6.00%
Enterprise Storage (E) 6.00%
Point of Sale/Data Capture (F) 4.25%
Servers & Server Management (H) 5.00%
Services (CDW Delivered) (J)* 0.00%
Notebook/Mobile Devices (L) 4.00%
Chromebooks (CBK) 0.00%
NetComm Products (N) 7.00%
Carts and Furniture (O) 6.00%
Printing & Document Scanning (P) 3.00%
Services (Partner Delivered) (Q)* 5.00%
Client Configure-to-Order (R) 3.25%
Software (S) 4.00%
Collaboration Hardware (T) 6.00%
Video & Audio (V) 5.00%
Cables (W) 15.00%
Apple (All Categories) 0.50%
Table 1- CDWG Pricing
CDW•G is pleased to offer the City of Mesa and OMNIA Partners Participating Public Agencies (“PPA”) a discount off CDW•G Nationally Advertised Pricing (NAP) structure.
Cloud offerings are constantly evolving and increasingly complex, with a range of subscription and consumption-based offerings, SaaS, IaaS, PaaS, among others.
CDW•G’s pricing is based on Discount 0% off MSRP where available to CDW•G. In cases where MSRP pricing is not available and/or the offering is unique, pricing will be based on CDW•G invoiced price. This structure provides the necessary flexibility, to enable the City of Mesa and OMNIA Partners Participating Public Agencies to make purchases offerings, as cloud offerings evolve, through life of our contract.
The City of Mesa and OMNIA Partners Participating Public Agencies acknowledge that CDW•G is not the provider of the Cloud Services and in purchasing the Cloud Services, City of Mesa, OMNIA Partners, and Participating Public Agencies rely only on the Cloud Service.
Provider’s service descriptions and the terms and conditions set forth in the Cloud Provider’s Services Terms and Conditions. Accordingly, City of Mesa and OMNIA Partners shall consider the Cloud Service Provider to be the party responsible for providing the Cloud Services and City of Mesa, OMNIA Partners, and its members/participating entities, may be required to execute additional agreements, prior to provisioning/purchase of certain cloud offering CDW•G- City of MESA- Contract Pricing Structure & Management CDW•G has conformed to the National Pricing Discount structure aligning to the table above- However, CDW•G will manage the resultant contract in accordance with CDW•G's taxonomy in tables below, which shall govern all purchases under the resultant contract - This provides complete representation of CDW•G's offerings aligned with the scope of the RFP, while maintaining continuity for the City and OMNIA PPA's under the incumbent contract.
Pricing will be applied to the resultant contract, as listed in the tables below- Table 1 is based on Discount % off CDW•G's Nationally Advertised Pricing (NAP), publicly verifiable at www.cdwg.com. Additionally, certain Groups and Products such as Cloud offerings under Group 10, Services pricing under Group 11 and Group 12 are highlighted under Table 2 and 3.
Digital Velocity Services
ServiceNow Services
Amplified IT Services
Staff Augmentation Services
Managed Services
Other Professional Services
Table 2
For all hourly rates proposed by CDW•G in this pricing file and contained within our proposal, our offer is contingent on a 5% year over year escalation, on the contract's annual anniversary date, which will act as a not to exceed rate. Given the timespan between submission and official award and contract start dates, CDW•G reserves the right to impose up to an additional, one-time 5% increase in the first year of this agreement on or after May 1, 2024 to ensure alignment with standard rate adjustments.
CDW•G has been very successful in managing labor rates during unstable market conditions including taking advantage of our vast in-house, in-market resources and certified, approved subcontract pool while also leveraging remote services, where practical and applicable. During the contract term, CDW•G reserves the right to propose changes to labor rate categories to reflect extraordinary market conditions which might impact labor rates and present to City of Mesa and OMNIA Partners for review and approval. City of Mesa and OMNIA Partners will review and approve such rates through a mutually agreed upon amendment no later than 30 calendar days upon presentation.
Services requiring a specific Statement of Work (SoW) must be mutually executed between the customer and CDW•G before work begins. We have provided a sample SoW at the end of Tab E in our response.
For any service engagement, if there are applicable Travel and Expenses (T&E) charges, they will be agreed and mutually executed upon in a comprehensive Statement of Work. However, CDW•G will utilize its national footprint of service providers and in-market engineers. We also utilize remote technologies and services where applicable to mitigate such expenses.
Table 3
For group 12, specialized offerings not specifically contemplated under this RFP but existing under the scope of Technology offerings, CDW•G and OMNIA PPA will mutually agree upon/execute document, such as a Statement of Work (SOW), and pricing will be based on CDW•G invoice.
CDW•G will provide Customer with a discount as a percentage off of CDW•G’s Nationally Advertised Price (NAP) for the CDW•G defined Product Categories listed above, provided that Customer references this Agreement when placing an order with CDW•G.
Prices include lowest ground freight within the 48 contiguous United States when referencing this Agreement. All orders are subject to CDW•G's standard shipping policies in effect at the time of order placement. In those instances that call for express or overnight delivery, shipping costs will be pre-paid by CDW•G and added to the customer invoice.
Clarifications
*These are services tied to CDW•G internal taxonomy J and Q, which includes subset of offerings such as configurations, warranty, and specific installation services, and are not subject to a Statement of Work. These do not include the services broken out in the individual tabs, including other professional services, which require a mutually executed Statement of Work between CDW•G and Customer.
For Services under Group 11, we have included rate cards with hourly rates/services pricing for the following categories:
Role Hourly Rate
DVS F-CTO $350.00
DVS Digital Strategy Consultant $305.00
DVS Digital Product Strategist $270.00
DVS Principal Engineer/Tech Lead $350.00
DVS Architect $300.00
DVS Senior Engineer $250.00
DVS Engineer $225.00
DVS Associate Engineer $200.00
DVS Program Manager $245.00
DVS Sr. Technical Project Manager $230.00
DVS Technical Project Manager $205.00
DVS Project Coordinator $165.00
Role Hourly Rate
ServiceNow Associate Project
Manager $165.00
ServiceNow Associate Consulting
Engineer $170.00
ServiceNow Engagement Manager $235.00
ServiceNow Business Process
Consultant $255.00
ServiceNow Principal Consultant $275.00
ServiceNow Organizational Change
Management Consultant $275.00
ServiceNow Integration Expert $250.00
ServiceNow Quality Assurance Expert $200.00
ServiceNow Solution Architect $255.00
ServiceNow Technical
Consultant/Developer $220.00
ServiceNow Trainer $235.00
Managed Service
Basic/Essential/Premium Support for
AWS, GCP, and AZURE
Monthly Price*
Fees are based on a percentage of the
customer's actual consumption of AWS,
GCP, Azure services
Basic Service - $0 to 10K As Invoiced
Basic Service - $10K to $250K As Invoiced
Basic Service - $250K+ As Invoiced
Essential Service - $0 to $35K As Invoiced
Essential Service - $35 to $75K As Invoiced
Essential Service - $75K+ As Invoiced
Premium Service - $0 to $100K As Invoiced
Premium Service - $100K to $250K As Invoiced
Premium Service - $250K+ As Invoiced
Digital Velocity Services
ServiceNow Solutions Services
Managed Services
*If CDW•G is billing the customer for Basic consumption, no pricing uplift is applied.
The offered pricing discount below applies to a la carte and bundle packages of Gopher applications.
Option Discount off MSRP
Gopher products 2%
Little SIS 2%
Option Discount off MSRP
GFE Audit - K-12 2%
GFE Audit - Higher Ed 2%
GFE KickStart Package 2%
GFE Support - Support Hours 2%
GFE Support - 20 Support Hours 2%
GFE Support - 40 Support Hours 2%
GFE Support - Adhoc Support Hours 2%
North American GFE Technical
Collaborative 2%
GFE Training/Consultancy - Full Day
Onsite 2%
GFE Chrome Checkup 2%
Option Discount off MSRP
Amplified IT Admin Level 1
Certification Training - Self-Paced 2%
Amplified IT Admin Level 2
Certification Training - Self-Paced 2%
Amplified IT Admin Security Specialist
Certification Training - Self-Paced 2%
Amplified IT Admin Security Bundle 2%
Role Standard Mid-Level Senior
Infrastructure Architects $170.00 $180.00 $195.00
Solutions Architects $175.00 $195.00 $215.00
Site Reliability Engineers $185.00 $195.00 $205.00
Network Administrators $100.00 $115.00 $125.00
Network Engineers $135.00 $150.00 $165.00
Network BAs/BSAs $130.00 $135.00 $140.00
Systems Administrators $115.00 $130.00 $145.00
Systems Engineers $140.00 $155.00 $170.00
Systems BAs/BSAs $135.00 $145.00 $155.00
Storage Engineers $165.00 $160.00 $195.00
Virtualization Engineers $135.00 $155.00 $180.00
Salesforce Administrators $125.00 $155.00 $185.00
Salesforce Engineers $175.00 $195.00 $215.00
Salesforce Developers $165.00 $175.00 $185.00
ServiceNow Administrators $155.00 $165.00 $175.00
ServiceNow Engineers $165.00 $180.00 $195.00
ServiceNow Developers $150.00 $165.00 $180.00
SolarWinds Engineers $165.00 $180.00 $205.00
AWS Engineers $185.00 $205.00 $225.00
AWS Developers $170.00 $175.00 $180.00
Azure Engineers $180.00 $195.00 $215.00
Azure Developers $135.00 $145.00 $160.00
Staff Augmentation Services
SaaS items are priced at a 2% Discount off MSRP. Amplified IT MSRP can be found at the following link:
https://www.amplifiedit.com/msrp/
Amplified Services
Google for Educations (GFE)
Amplified IT Training
*These services are available to education entities only.
Amplified IT SaaS Offerings*
GCP Engineers $200.00 $235.00 $265.00
GCP Developers $200.00 $235.00 $265.00
Front-end Developers $165.00 $170.00 $175.00
Back-end Developers $170.00 $180.00 $185.00
Scala Developers $200.00 $215.00 $225.00
Project Managers $135.00 $150.00 $165.00
Scrum Masters $165.00 $180.00 $195.00
DevOps Engineers $165.00 $175.00 $190.00
Software Development Engineer in
Test $170.00 $180.00 $195.00
InfoSec Analysts $145.00 $160.00 $175.00
Quality Assurance Analysts $140.00 $150.00 $160.00
Quality Assurance Engineers $140.00 $150.00 $160.00
Item Rate
Microsoft System Center Configuration
Manager (SCCM) - Gold $517.50
Microsoft Active Directory - Small
Environment 2-10 DCs - Gold $545.10
DHCP Support add to MS AD above $155.94
Microsoft Active Directory - Medium
Environment 11-20 DCs - Gold $828.00
Microsoft Active Directory - Large
Environment 21+ DCs - Gold $1,587.00
Microsoft Active Directory Federation
Services (ADFS) - Gold $745.20
Mimix/iTERA for iSeries - Gold (Priced
PER "a" and "b" side) $207.00
Item Rate
IBM Tivoli Storage Manager Gold $2,070.00
Commvault RMS Backup Environment
SM: 1-250 VMs - Gold $1,138.50
Cohesity RMS SM: 1-250 VMs - Gold $1,138.50
Commvault RMS Backup Environment
Med: 251-600 VMs - Gold $1,656.00
Commvault RMS Backup Environment
Large: 601-1000 VMs - Gold $2,070.00
Commvault RMS Backup Environment
XL: 1000+ VMs - Gold $2,622.00
Veeam RMS SM: 1-250 VMs - Gold $1,138.50
Veeam RMS Med: 251-600 VMs -
Gold $1,656.00
Veeam RMS Lrg: 601-1000 VMs -
Gold $2,070.00
Veeam RMS XL: 1000+ VMs - Gold $2,622.00
EMC Avamar RMS SM: 1-250 VMs -
Gold $1,138.50
EMC Avamar RMS Med: 251-600 VMs
- Gold $1,656.00
EMC Avamar RMS Lrg: 601-1000
VMs - Gold $2,070.00
EMC Avamar RMS XL: 1000 VMs -
Gold $2,622.00
EMC Data Domain - Gold $2,070.00
Microsoft System Center DPM - SM
<100 - Gold $1,656.00
Microsoft System Center DPM - Med
100 - 500 - Gold $2,070.00
Microsoft System Center DPM - Lrg
>500 Gold $2,622.00
Managed Services Application
Managed Services Backup
Microsoft System Center DPM - XL -
Gold $3,312.00
Item Rate
Windows - Gold 77.63 O/S
Linux O/S (Red Hat/SUSE) - Gold $155.94
AIX O/S - Gold $295.32
IBM System I - Gold $1,242.00
Item Rate
Cisco ASA - Gold $560.28
Cisco Firepower Services (Per
Sensor) - Gold $313.26
Cisco Firepower Threat Defense -
Gold $614.10
Palo Alto Firewall wo Panorama - Gold $523.02
Palo Alto Firewall w Panorama - Gold $523.02
Palo Alto Panorama - Gold $253.92
Cisco Identity Services Engine (ISE) -
Gold $513.87
Fortinet Firewall wo FortiManager –
Gold $523.02
Fortinet Firewall w FortiManager –
Gold $523.02
Fortinet FortiManager – Gold $253.92
Fortinet FortiAnalyzer – Gold $77.28
Cisco Umbrella - Gold (Per User) $0.84
Item Rate
VMware ESXi - Gold $200.10
Nutanix AHV - Gold $200.10
Microsoft Hyper-V - Gold $200.10
Item Rate
Controller: IBM Storage Virtualization
(priced per controller) - Gold $1,035.00
Storage: Disk per 1 TB Raw [For first
100 TB] - Gold $16.56
Storage: Disk per 1 TB Raw [For TBs
over 100 TB] - Gold $2.21
SAN Switch - Gold $227.70
Controller: NetApp (Priced per
controller) - Gold $1,035.00
Controller: EMC (Priced per controller)
- Gold $1,035.00
Controller: IBM (Priced per controller) -
Gold $1,035.00
Item Rate
Call Control: Cisco Analog Voice
Gateway- Gold $18.63
Call Control: Cisco CUCM/IM&P
Server - Gold $517.50
Call Control: Cisco Unity Connection
(UCONN) - Gold $379.50
Call Control: Cisco Voice Gateway -
Gold $69.00
Call Control: Cisco Business Edition
6000 Lifeline - Gold $772.39
Call Control: Cisco Attendant Console
(CUxAC) - Gold $517.50
Managed Services Security
Managed Services Virtualization
Managed Services Storage
Managed Services UC
Managed Services OS
Call Control: VistaPoint Attendant
Console - Gold $517.50
Call Control: Cisco Call Manager
Express - Gold $172.50
Call Control: Cisco Unified Border
Element (CUBE) - Gold $172.50
Call Control: Cisco Prime License
Manager (ELM/PLM) - Gold $138.00
Call Control: Cisco Prime
Collaboration Deployment - Gold $138.00
911: Cisco Emergency Responder
(CER) - Gold $379.50
Voice Mail: Cisco Unity Express - Gold $172.50
Notification: InformaCast from
Singlewire - Gold $379.50
Call Experience Testing - 2CPH - Gold $472.10
Item Rate
Contact Center: Exony Virtual
Integration Manager (VIM) - Gold $450.00
Contact Center: Unified Contact
Center Enterprise Server (UCCE) -
Gold
(Includes: CVP Call Server, CVP
Reporting Server, CVP VXML Server,
Call Server, Data Server.
Administration Server (AW-HDSDDS), Historical Data Server (HDS), Client Administrative WorkStation
(Client AW), Central Controller, Dialer,
Logger, CUIC, Rogger, and Peripheral
Gateway (PG). )
$434.70
Contact Center: Cisco / Calabrio
Quality Management (QM) - Gold $434.70
Contact Center: Cisco / Calabrio
Workforce Management (WFM) - Gold $386.40
Contact Center: Virtualized Voice
Browser (VVB) - Gold $103.50
Contact Center: UCC Express (UCCX)
/ Finesse - Gold
(Contact Center Express, Cisco
Finesse, or IPIVR/VRU)
$434.70
Contact Center: Cisco Unified
Intelligence Center - Gold $432.54
Contact Center: SocialMiner - Gold $434.70
Contact Center: 2Ring Dashboards
and Wallboards - Gold $434.70
Contact Center: Email Interaction
Manager (EIM/WIM/CIM) - Gold $434.70
Contact Center: Enterprise Chat and
Email (ECE) - Gold $434.70
Contact Center: eGain Analytics -
Gold $386.40
Contact Center: ESNA Cloudlink -
Gold $138.00
CVP: CVP Operations Console - Gold $386.40
CVP: SIP Proxy (CUSP) - Gold $193.10
CVP: Ingress Gateway - Gold $103.50
CVP: VXML Gateway - Gold $103.50
Bucher and Suter (Connector for
Salesforce.com) - Gold $138.00
Item Rate
Managed Services UC Video
Managed Services Contact Center
Cisco WebEx Meetings Server
(CWMS) - Gold $379.50
Cisco WebEx Cloud Connected Audio -
Gold $424.81
Cisco Meeting Place Express - Gold $379.50
UC Video: Cisco Meeting Server
(CMS) - Gold $207.00
UC Video: Cisco Meeting Manager
(CMM) - Gold $207.00
UC Video: Cisco Telepresence
Content Server - Gold $379.50
UC Video: Expressway-C /
Expressway-E - Gold $207.00
UC Video: Telepresense Management
Suite (TMS) - Gold $517.50
Cisco Webex Hybrid Directory
Connector - Gold $207.00
UC Video: PEXIP Infinity / Infinity
Connect Management Node - Gold $207.00
UC Video: PEXIP Infinity / Infinity
Connect Conferencing Node - Gold $207.00
UC Video: MSE Chassis - Gold $138.00
UC Video: MCU MSE Blade - Gold $103.50
UC Video: Gateway (GW) MSE Blade -
Gold $103.50
UC Video: Endpoint Management -
Gold $69.00
UC Video: Telepresense Server Blade -
Gold $103.50
UC Video: Telepresense MCU - Gold $103.50
Bucher and Suter (Connector for
Salesforce.com) - Gold $138.00
Item Rate
Managed Services Engineering and
Consulting $240.00
Role Hourly Rate
Associate Consulting Engineer $175.00
Consulting Engineer $215.00
Senior Consulting Engineer $225.00
Technical Lead / Principal Consulting
Engineer $255.00
Enterprise Consulting Architect $255.00
Business Consulting Analyst $245.00
Project Administrator $165.00
Project Manager $210.00
Senior Project Manager $215.00
Enterprise Project Manager, PMO
Lead $230.00
Program Manager $230.00
Technical Architect $350.00
Incident Responder/Forensic Analyst $350.00
Managed Additional Services
These rates are subject to re-evaluation after the initial contract base term.
Time and materials support - out of scope services
Hourly price is $240
Recurring services are subject to monthly minimum fees and time and materials support is subject to additional terms
Unscheduled after hours support is 2x hourly rate with a 2 hour minimum requirement
Managed Services Application requires a specific Statement of Work executed between the customer and CDW•G.
Other Professional Services
Item # Group Item Description Specification Item Number Unit of Measure
% Off Catalog
Discount (As
identifed on
National Pricing
Tab)
MSRP Price*
Extended Price
(MSRP - % Off
Catalog)**
Replacement
Part Number Replacement Description
1 Dell OptiPlex Micro 7010 Core i5 13500T / 1.6 GHz, vPro Enterprise, RAM 16 GB, SSD 256 GB, NVMe, Class 35 CT66J EA 3.25% $ 746.12 $ 721.87
2 Dell Latitude 5340 1335U/1.3 GHz, Win 11 Pro, Intel Iris Xe Graphics, 16 GB RAM, 256 GB SSD NVMe, Class 35 GVH6J EA 4.00% $ 1,271.80 $ 1,220.93 3 Dell Latitude 5540 1335U/1.3 GHz, Win 11 Pro, Intel Iris Xe Graphics, 16GB RAM, 256 GB SSD NVMe, Class 35 8GHCF EA 4.00% $ 1,117.19 $ 1,072.50 4 Dell 492-BCBK
Power adapter, 90 Watt, for Dell Latitude 3400, 3500, 5289 2-In-1, 5300, 5300 2-in-1, 5310, 5310 2-in-1, 5400, 5401, 5410, 5411, 5500, 5501, 5510, 5511, 7300, 7310, 7389 2-in-1, 7390 2-in-1, 7400, 7400 2-in-1, 7410, 7410 2-in-1, 9410 2-in-1, 9510; Precision 3540, 3541, 3550, 5550, 5750; Dell XPS 15 9500, 17 9700
492-BCBK EA 5.00% $ 77.80 $ 73.91
5 Apple MacBook Pro - M2 Pro M2 Pro 19-core GPU, 16 GB RAM, 512 GB SSD, 16.2" 3456 x 2234 @ 120 Hz, 802.11a/b/g/n/ac/ax (Wi-Fi 6E), Bluetooth MNW83LL/A EA 4.00% $ 2,499.00 $ 2,399.04 6 Apple 12.9-inch iPad Pro Wi-Fi + Cellular 6th generation, tablet, 128 GB, 12.9" IPS (2732 x 2048), 3G, 4G, 5G MP5X3LL/A EA 4.00% $ 1,325.67 $ 1,272.64 7 Samsung Galaxy Tab E - Tablet *** Android 6.0 (Marshmallow) - 16GB - 8" - 4G SM-T377VZKAVZW EA 4.00% $ 589.99 $ 566.39 SM-T577UZKDN14 Samsung Galaxy Tab Active 3 - tablet - Android - 64 GB - 8" - 3G, 4G 8 Logitech MK270 Wireless Keyboard and Mouse set Keyboard and mouse set, wireless, 2.4 GHz, English 920-004536 EA 7.50% $ 29.92 $ 27.68 9 Logitech ERGO M575 - Trackball Wireless,2.4 GHz, Bluetooth 5.0 LE, USB wireless receiver, graphite 910-005869 EA 7.50% $ 49.99 $ 46.24 10 Apple Pencil 2nd Generation
Stylus for tablet, for 10.9-inch iPad Air (4th generation); 11-inch iPad Pro (1st generation, 2nd generation); 12.9-inch iPad Pro (3rd generation, 4th generation)
MU8F2AM/A EA 7.50% $ 129.00 $ 119.33
11 HP 27ER 27 Inch Display *** 1F2J9AA#ABA EA 5.00% $ 189.99 $ 180.49 65P64AA#ABA HP V27i G5 27" Class Full HD LCD Monitor - 16 9 12 Dell P2422H - LED monitor 24", 1920 x 1080 Full HD (1080p) @ 60 Hz, IPS, 250 cd/m², 1000:1 DELL-P2422H EA 5.00% $ 189.52 $ 180.04 13 Kingston DDR4-32 32 GB - DIMM 288-pin KTH-PL424/32G EA 5.00% $ 96.75 $ 91.91 14 Cisco DDR3L 32 GB- LRDIMM 240-pin UCS-ML-1X324RY-A EA 5.00% $ 839.89 $ 797.90 15 Seagate Video *** 3.5 HDD ST4000VM000 4TB ST40000VM000 EA 6.00% $ 85.99 $ 80.83 ST4000DM004 Seagate Barracuda ST4000DM004 - hard drive - 4 TB - SATA 6Gb s 16 Dell PowerVault RD1000 RDX USB external RD1000 EA 6.00% $ 171.56 $ 161.27 17 SanDisk Cruzer Blade USB flash drive 8 GB SDCZ50-008G-B35 EA 6.00% $ 6.99 $ 6.57 18 Cisco Nexus 7000 Series - Switch - Rack Mountable -
With Fan Tray C5 C5G124-24P2 Switch 24 ports Managed N7K-C7010= EA 7.00% $ 24,358.94 $ 22,653.81 19 Juniper EX4200 24F - Switch - Managed EX4200-24F-TAA EA 7.00% $ 11,080.22 $ 10,304.60 20 Ruckus ZoneFlex R600 - Wireless Access Point 901-R600-US00 EA 7.00% $ 603.48 $ 561.24 21 OpenScape Desk Phone CP700X L30250-F600-C439 EA N/A N/A N/A N/A N/A 22 Mediatrix G7 1 PRI Gateway M350K60000MX00002000 EA N/A N/A N/A N/A N/A 23 APC Smart-UPS 5000VA Tower/Rack-mountable UPS SUA5000RMT5U EA 5.00% $ 4,605.45 $ 4,375.18 24 APC 1500VA 2U 120V Smart-UPS with Network Card SMT1500RM2UCNC EA 5.00% $ 1,358.59 $ 1,290.66 Total Price $ 48,205.03
DELIVERY: See Specifications and/or Mesa Standard Terms and Conditions.
Proposer Name: _CDW Government LLC____
*CDW•G is pleased to offer the City of Mesa and OMNIA Partners Participating Public Agencies (“PPA”) a discount off CDW•G Nationally Advertised Pricing (NAP) structure. The values in this column represent CDW•G NAP.
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Prices contained in the Market Basket will be used for Pricing evaluation purposes. Respondents are required to utilize the proposed national pricing discounts when completing this document.
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ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent - Resolutions TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: July 2, 2026
SUBJECT: Dispense with bidding for the purchase of Badger Meter water meters for the Water Department 2026.
Resolution determining that Badger Meter water meters cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding and negotiate the purchase of Badger Meter water meters, not to exceed $1,552,500.
RECOMMENDATION:
Staff recommend adoption of the resolution.
BACKGROUND:
Historically the Water Department has issued water meter contracts based on low bids, unforeseen costs were incurred due to high rates of meter failure. While some of the meter vendors did provide replacement water meters, there were labor costs associated with replacing the failed water meters.
The City recently began implementation of Badger Advanced Metering Infrastructure (AMI) meters, and the meters have demonstrated reliable operation, strong compatibility between the City and Cal Water systems, and effectively integrated into daily utility functions. Badger Meter has over 115 years of experience and a wide range of meters and flow measurement technologies
Consistency with known technology will allow for seamless transition from direct-read to automation.
Badger Beacon Advanced Metering Infrastructure (AMI) System provides Utility Companies the ability to install AMI on a few critical meters or an entire meter population anywhere in the Utility’s footprint that has cellular coverage.
Benefits of commonly used products such as water meters aid in the operation and maintenance of the City’s water system. These benefits include but are not limited to meter reading, meter repairs, AMI technology and stocking commonly used parts.
Water Department currently desires to purchase meters directly from Badger Meter, in-lieu of Cal Water purchasing meters on behalf of the City, and using the same vendor is necessary to successfully integrate into the City’s existing water system. The Water Department is also in the process of implementing its system-wide AMI Installation Program to bring the entire City system with AMI abilities.
The City municipal code section 3.20.060(D)(2) allows the City to dispense with bidding when it is determined that work, supplies, equipment or materials can only be reasonably be obtained from one vendor because of restricted availability of such work, supplies, equipment or materials, or because of the necessity to successfully integrate such work, supplies, equipment or materials into an existing city project or system.
staff recommend adoption of the resolution to dispense with bidding for Badger Meter water meters not to exceed $1,552,500 in accordance with Section 3.20.060(D)(2) of the Bakersfield Municipal Code.
FISCAL IMPACT:
Funds are available in the Fiscal Year 2026-2027 Water Resources Budget, in accordance with the supplemental rate study. There will be no impact to the City General Fund.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
1. Cal Water Recommendation Letter
2. Resolution to Dispense with Bidding
-- Page 1 of 3 Pages --
RESOLUTION NO. ______________
A RESOLUTION OF THE BAKERSFIELD CITY
COUNCIL DISPENSING WITH FORMAL BIDDING
PROCEDURES IN THE PURCHASE OF BADGER
METER WATER METERS FROM BADGER METER
AND AUTHORIZING THE PURCHASE OF THE
EQUPMENT PURSUANT TO SECTION
3.20.060(D)(2) OF THE BAKERSFIELD
MUNICIPAL CODE.
WHEREAS, Badger Meter has over 115 years of experience and a wide range of water meters and flow measurement technologies; and
WHEREAS, the Badger Meter Beacon Advanced Metering Infrastructure (AMI) system provides Utilities the ability to install AMI on a few critical meters or an entire meter population, anywhere in the Utility footprint that has cellular coverage; and WHEREAS, the existing water meters located within the City’s water system were installed for many years by Cal Water; and
WHEREAS, since 1976, Cal Water manages the City’s water system and has installed Badger Meter Beacon AMI meters within the City’s water system; and WHEREAS, the City desires to purchase meters directly from Badger in-lieu of Cal Water purchasing the meters, which will result in a cost savings for the Department; and
WHEREAS, Water Resources Department and Cal Water staff, through significant evaluation, have determined that only one vendor, Badger Meter, provides the product needed to successfully integrate into the City’s existing system to meet the aforementioned requirements, and has recommended that this Council authorize dispensing with bidding requirements in accordance with Section
3.20.060(D)(2) of the Bakersfield Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows:
1. The above recitals are true and correct and incorporated herein by this reference.
2. The Council hereby finds that the purchase of particular water meters from Badger utilizing the Badger Beacon AMI system can only be reasonably obtained from one vendor, Badger, because of the necessity to successfully integrate such work, supplies, equipment or -- Page 2 of 3 Pages --
materials into an existing city project or system.
3. The Finance Director is authorized to dispense with bidding in accordance with Section 3.20.060(D)(2) of the Bakersfield Municipal Code, and to negotiate the purchase of Badger Meter water meters. ---------------oooOooo--------------
-- Page 3 of 3 Pages --
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ______________________, by the following vote:
YES: COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER: _______________________________________________________________ ABSTAIN: COUNCILMEMBER: ________________________________________________________________ ABSENT: COUNCILMEMBER: ________________________________________________________________
_______________________________________
JULIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio of the
Council of the City of Bakersfield
APPROVED __________________
By: ___________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ___________________________
MATTHEW COLLOM
Deputy City Attorney
ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent - Resolutions TO: Honorable Mayor and City Council
FROM: Darin Budak, Recreation and Parks Director
DATE: June 23, 2026
SUBJECT: California Department of Parks and Recreation Land and Water Conservation Fund Grant
1. Adopt resolution authorizing entering into an agreement with the California Department of Parks and Recreation, as the Administrator, for the Land and Water Conservation Fund Grant for the MLK Jr. Park Re-Imagining and Revitalization Project
2. Approve contract with the California Department of Parks
3. Appropriate $11,909,000.00 of Land and Water Conservation Fund grant to the Recreation and Parks Capital Improvement Program.
RECOMMENDATION:
Staff recommend approval of the resolution, contract, and appropriations.
BACKGROUND:
On November 3, 2021, Council adopted Resolution No. 205-2021 authorizing Recreation and Parks Department to proceed with a master plan update. Early in the process for the Recreation and Parks Master Plan (RPMP) update, the consultant determined the Dr. Martin Luther King Jr. Community Center and Park (Park) is outdated and obsolete based on current safety and efficiency standards.
In January of 2022, the City initiated the process to re-imagine Dr. Martin Luther King Jr. Community Center and Park Revitalization project (Project). The existing Park is located at the southwest corner of South Owens Street and East California Avenue and is approximately 16 acres. The project is currently in design phase and the construction documents for the initial phase will be completed by Fall of 2026.Staff sought various funding sources and grants to help facilitate the completion of the Project.
Staff researched and applied for the Land and Water Conservation Fund (LWCF) grant for the Project. On September 25, 2024, the National Park Service (NPS) through the LWCF announced that the City was approved for a $11,909,000.00 grant for the Project. The California Department of Parks and Recreation (State) is the administrator for the LWCF grant. The LWCF grant will fund the western portion of the Park which includes restroom building, entry plaza, individual picnic areas with shade shelters, play areas, water splash pad, outdoor amphitheater, events plaza, outdoor fitness area, community garden, multiuse sports fields, parking lots, walking paths, landscaping, fencing and lighting. The LWCF grant requires the indemnification of the State, their officers, agents, and employees from liability arising from the Project.
The LWCF grant will provide $11,909,000.00. The LWCF grant has a 50% matching requirement, the City’s portion is $11,909,000.00.
Approval of the resolution is needed to complete the grant application process and contract. Staff is recommending Council approve the resolution to authorize and complete the necessary application documents and approval of the grant contract. The LWCF grant has a performance period from August 06, 2025 through August 05, 2030. The project is tentatively scheduled to break ground in Spring of 2027.
Staff is requesting the approval of $11,909,000.00 in LWCF grant funds to be appropriated to the Recreation and Parks Department Capital Improvement Program.
FISCAL IMPACT: The funding source for the match component is a combination of Public Safety and Vital Services (PSVS) funds, State of California Grant funds, and Park Improvement and Development funds.
COUNCIL GOAL:
Community Character & Quality of Life
Innovative and Efficient City Government
Reliable Infrastructure
ATTACHMENTS:
1. Resolution
2. Grant Contract
A Resolution Authorizing Entering nto an agreement with the land and water conservation fund for purposes funding the MLK, Jr. Park Re-imagining and Revitalization Project.
RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AUTHORIZING ENTERING INTO AN
AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF PARKS
AND RECREATION, AS THE ADMINISTRATOR FOR THE LAND
AND WATER CONSERVATION FUND FOR PURPOSES OF
FUNDING THE MARTIN LUTHER KING, JR. PARK REIMAGINING AND REVITALIZATION PROJECT.
WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant-In-Aid program (LWCF), providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; and
WHEREAS, the California Department of Parks and Recreation (“State”) is responsible for administration of the program in the State, setting up necessary rules and procedures governing applications by local agencies under the program; and
WHEREAS, on April 30, 2024, City submitted an application for the LWCF grant through National Park Service with the State being the grant administrator for purposes of funding Phase I of the Martin Luther King Jr. Park, Re-Imagining and Revitalization Project (“Project”); and
WHEREAS, on September 25, 2024, the State awarded the grant to the City in the amount of $11,909,000.00, in order to support the Project. The grant requires a fifty percent match of funds based on the awarded amount; and WHEREAS, said procedures established by the State require the governing body or its designee enter into a Grant Agreement for the intended use of grant funds; and
WHEREAS, the Grant Agreement requires the City to indemnify the State, their officers, agents, and employees from liability arising from the Project; and WHEREAS, the Grant Agreement also requires City to authorize the State to encumber Phase 1 of the Project, which is a portion of the real property located at 1000 S. Owens Street, Bakersfield, CA 93305 (“Project Property”), as more particularly described in the Grant Agreement, by recording a Declaration of Restrictions, as required for the release of program grant funds to City, pursuant to the program requirements; and
A Resolution Authorizing Entering nto an agreement with the land and water conservation fund for purposes funding the MLK, Jr. Park Re-imagining and Revitalization Project.
WHEREAS, the City will enter into the Grant Agreement with the State to complete the Project; and
WHEREAS, the City certifies by resolution the approval of the Grant Agreement and the availability of eligible matching funds.
NOW THEREFORE, be it resolved by the City Council of the City of Bakersfield as follows:
1. The above recitals are true and correct and incorporated herein by reference; and
2. Agrees to abide by Public Law 88-578, 78 Stat 897, codified at 54 U.S.C. § 2003); and
3. Certifies that City has or will have available matching funds from eligible sources and can finance the total Project work utilizing LWCF grant funds, sufficient funds, including those provided by this grant, to complete the Project; and
4. Certifies that the City reviewed, understands, and agrees to the General Provisions contained in the Grant Agreement, including that City shall indemnify the State as it relates to the construction, operation or maintenance of the Project; and
5. Delegates the authority to the City Manager or designee to conduct all negotiations, sign and submit all documents, including, but not limited to agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope(s); and
6. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.
7. The Mayor is authorized to execute the Declaration of Restrictions to be recorded against the Project Property in the official records where the Project Property is located prior to the State disbursing grant funds to City.
---------------oooOooo--------------
A Resolution Authorizing Entering nto an agreement with the land and water conservation fund for purposes funding the MLK, Jr. Park Re-imagining and Revitalization Project.
HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED:
By
KAREN GOH, Mayor
City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By
VIRIDIANA GALLARDO-KING
Deputy City Attorney ll
VGK/js;vlg
S:\PARKS\Agrs\25-26\ResoMLKReImagining.docx
State of California - Natural Resources Agency
Department of Parks and Recreation
GRANT CONTRACT
Land and Water Conservation Fund
Competitive
PROJECT NO.
GRANTEE
PROJECT TITLE PROJECT NUMBER
PROJECT DESCRIPTION:
Renovate 16.55 acre MLK Park in the city of Bakersfield. Demolish all existing amenities and the restroom building; and construct an entry plaza, individual picnic areas with shade shelters, play areas, water splash pad, outdoor amphitheater, events plaza, outdoor fitness area, community garden with storage sheds, multi-use sports field, a restroom, parking lots, and walking paths; and install landscaping, fencing, wayfinding signage, and lighting.
Total State Grant not to exceed
Grantee
The General and Special Provisions attached are made a part of and incorporated into the Contract.
By
Title
Date
Signature of Authorized Representative
By
Date
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
CERTIFICATION OF FUNDING
(For State Use Only)
AMOUNT ENCUMBERED BY THIS DOCUMENT
CONTRACT NO
FUND.
PRIOR AMOUNT ENCUMBERED FOR THIS
CONTRACT
FISCAL SUPPLIER I.D.
TOTAL AMOUNT ENCUMBERED TO DATE
$
ITEM CHAPTER STATUTE FISCAL YEAR
Reporting Structured. Account/Alt Account. PROJECT / WORK PHASE City of Bakersfield
MLK PARK RE-IMAGINING/REVITALIZATION PROJECT 06-01906
2025/26
C8969014 06-01906
3790-101-0890 04
City of Bakersfield
$11,909,000.00
Federal Trust Fund
37900091 5432000-5432000000
$11,909,000.00
0000011679
(or 50% of the total project, whichever is less.)
The GRANTEE agrees to the terms and conditions of this contract, hereinafter referred to as AGREEMENT, and the State of California, acting through its Liaison Officer pursuant to the program named above, and agrees to fund the total State grant amount indicated below. The GRANTEE agrees to complete the GRANT SCOPE as defined in the GRANT SCOPE/Cost Estimate Form of the APPLICATION filed with the State of California referenced by the project number indicated above. 379009101200
Typed or printed name of Authorized Representative
25 AMENDMENT NO
$11,909,000.00
Address
ACTIVITY CODE
69109
Rate of Reimbursement 50.00%
GRANT PERFORMANCE PERIOD is from August 06, 2025 thru August 05, 2030 Docusign Envelope ID: CAE813AA-AB3E-4936-B9BE-7437C6299A01 [email protected]
5/6/2026
Assistant City Manager
Rick Anthony
5/6/2026
Docusign Envelope ID: CAE813AA-AB3E-4936-B9BE-7437C6299A01 1 State of California — The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Land and Water Conservation Fund
Grant Contract Provisions
Part I - Definitions
A. The term “NPS” as used herein means the National Park Service, United States Department of the Interior.
B. The term “Director” as used herein means the Director of the National Park Service, or any representative lawfully delegated the authority to act for such Director.
C. The term “Secretary” as used herein means the Secretary of the Interior, or any representative lawfully delegated the authority to act for such Secretary.
D. The term “State” as used herein means the State, Territory, or District of Columbia that is a party to the project agreement, and, where applicable, the political subdivision or public agency to which funds are to be subawarded pursuant to this agreement.
Wherever a term, condition, obligation, or requirement refers to the State, such term, condition, obligation, or requirement shall also apply to the recipient political subdivision or public agency, except where it is clear from the nature of the term, condition, obligation, or requirement that it is to apply solely to the State. For purposes of these provisions, the terms “State,” “grantee,” and “recipient” are deemed synonymous.
E. The term “Land and Water Conservation Fund” or “LWCF” as used herein means the Financial Assistance to States section of the LWCF Act (Public Law 88-578, 78 Stat 897, codified at 54 U.S.C. § 2003), which is administered by the NPS.
F. The term “Manual” as used herein means the Land and Water Conservation Fund State Assistance Program Manual, Volume 71 (March 11, 2021).
G. The term “project” as used herein means a Land and Water Conservation Fund grant which is subject to the grant agreement and/or its subsequent amendments.
Part II - Continuing Assurances
The parties to the grant agreement specifically recognize that accepting LWCF assistance for the project creates an obligation to maintain the property described in the agreement and supporting application documentation consistent with the LWCF Act and the following requirements.
Further, it is the acknowledged intent of the parties hereto that recipients of LWCF assistance will use monies granted hereunder for the purposes of this program, and that assistance granted from the LWCF will result in a net increase, commensurate at least with the Federal cost-share, in a participant's outdoor recreation.
It is intended by both parties hereto that the LWCF assistance will be added to, rather than replace or be substituted for, State and/or local outdoor recreation funds.
A. The State agrees, as recipient of the LWCF assistance, that it will meet the LWCF General Provisions, and the terms and provisions as contained or referenced in, or Docusign Envelope ID: CAE813AA-AB3E-4936-B9BE-7437C6299A01 2 attached to, the NPS grant agreement and that it will further impose these terms and provisions upon any political subdivision or public agency to which funds are subawarded pursuant to the grant agreement. The State also agrees that it shall be responsible for compliance with the terms and provisions of the agreement by such a political subdivision or public agency and that failure by such political subdivision or public agency to so comply shall be deemed a failure by the State to comply.
B. The State agrees that the property described in the grant agreement and depicted on the signed and dated project boundary map made part of that agreement is being acquired or developed with LWCF assistance, or is integral to such acquisition or development, and that, without the approval of the Secretary, it shall not be converted to other than public outdoor recreation use but shall be maintained in public outdoor recreation in perpetuity or for the term of the lease in the case of property leased from a federal agency. The Secretary shall approve such conversion only if it is found to be in accord with the then existing statewide comprehensive outdoor recreation plan and only upon such conditions deemed necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location (54 U.S.C. 200305(f)(3)). The LWCF post-completion compliance regulations at 36 C.F.R. Part 59provide further requirements. The replacement land then becomes subject to LWCF protection. The approval of a conversion shall be at the sole discretion of the Secretary, or her/his designee.
Prior to the completion of this project, the State and the Director may mutually agree to alter the area described in the grant agreement and depicted in the signed and dated project boundary map to provide the most satisfactory public outdoor recreation unit, except that acquired parcels are afforded LWCF protection as Fund reimbursement is provided.
In the event the NPS provides LWCF assistance for the acquisition and/or development of property with full knowledge that the project is subject to reversionary rights and outstanding interests, conversion of said property to other than public outdoor recreation use as a result of such right or interest being exercised will occur. In receipt of this approval, the State agrees to notify the NPS of the potential conversion as soon as possible and to seek approval of replacement property in accord with the conditions set forth in these provisions and the program regulations. The provisions of this paragraph are also applicable to: leased properties developed with LWCF assistance where such lease is terminated prior to its full term due to the existence of provisions in such lease known and agreed to by the NPS; and properties subject to other outstanding rights and interests that may result in a conversion when known and agreed to by the NPS.
C. The State agrees that the benefit to be derived by the United States from the full compliance by the State with the terms of this agreement is the preservation, protection, and the net increase in the quality and quantity of public outdoor recreation facilities and resources which are available to the people of the State and of the United States, and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the United States by way of assistance under the terms of this agreement. The State agrees that payment by the State to the United States of an amount equal to the amount of assistance extended under this agreement by the United Docusign Envelope ID: CAE813AA-AB3E-4936-B9BE-7437C6299A01 3 States would be inadequate compensation to the United States for any breach by the State of this agreement.
The State further agrees, therefore, that the appropriate remedy in the event of a breach by the State of this agreement shall be the specific performance of this agreement or the submission and approval of a conversion request as described in Section II.B above.
D. The State agrees to comply with the policies and procedures set forth in the Manual.
Provisions of said Manual are incorporated into and made a part of the project grant agreement.
E. The State agrees that the property and facilities described in the grant agreement shall be operated and maintained as prescribed by Manual requirements and published post-completion compliance regulations (36 C.F.R. Part 59).
F. The State agrees that a notice of the grant agreement shall be recorded in the public property records (e.g., registry of deeds or similar) of the jurisdiction in which the property is located, to the effect that the property described and shown in the scope of the grant agreement and the signed and dated project boundary map made part of the agreement, has been acquired or developed with LWCF assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the Secretary as described in Part II.B. above.
G. Nondiscrimination
1. By signing the LWCF agreement, the State certifies that it will comply with all Federal laws relating to nondiscrimination as outlined in Section V of the Department of the Interior Standard Award Terms and Conditions.
2. The State shall not discriminate against any person on the basis of residence, except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence as set forth in 54 U.S.C. § 200305(i) and the Manual.
Part III - Project Assurances
A. Project Application
1. The Application for Federal Assistance bearing the same project number as the Grant Agreement and associated documents is by this reference made a part of the agreement.
2. The State possesses legal authority to apply for the grant, and to finance and construct the proposed facilities. A resolution, motion or similar action has been duly adopted or passed authorizing the filing of the application, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the State to act in connection with the application and to provide such additional information as may be required.
Docusign Envelope ID: CAE813AA-AB3E-4936-B9BE-7437C6299A01 4 3. The State has the capability to finance the non-Federal share of the costs for the project. Sufficient funds will be available to assure effective operation and maintenance of the facilities acquired or developed by the project.
B. Project Execution
1. The project period shall begin with the date of approval of the project agreement or the effective date of a waiver of retroactivity and shall terminate at the end of the stated or amended project period unless the project is completed or terminated sooner in which event the project shall end on the date of completion or termination.
2. The State shall transfer to the project sponsor identified in the Application for Federal Assistance all funds granted hereunder except those reimbursed to the State to cover eligible expenses derived from a current approved negotiated indirect cost rate agreement.
3. The State will cause work on the project to start within a reasonable time after receipt of notification that funds have been approved and assure that the project will be implemented to completion with reasonable diligence.
4.. The State shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all applicable Federal, State, and local laws and regulations.
5. The State will provide for and maintain competent and adequate architectural/ engineering supervision and inspection at the construction site to ensure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and such other information as the NPS may require.
6. In the event the project covered by the project agreement cannot be completed in accordance with the plans and specifications for the project; the State shall bring the project to a point of recreational usefulness agreed upon by the State and the Director or her/his designee in accord with Section “Project Termination” of this agreement.
7. As referenced in the DOI Standard Terms and Conditions, the State will ensure the project’s compliance with applicable federal laws and their implementing regulations, including: the Architectural Barriers Act of 1968 (P.L. 90-480) and DOI’s Section 504 Regulations (43 C.F.R. Part 17); the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), and applicable regulations; and the Flood Disaster Protection Act of 1973 (P.L. 93-234).
8. The State will comply with the provisions of: Executive Order 11988, relating to evaluation of flood hazards; Executive Order 11288, relating to the prevention, control, and abatement or water pollution, and Executive Order 11990 relating to the protection of wetlands.
9. The State will assist the NPS in its compliance with Section 106 of the National Historic Preservation Act of 1966 (54 U.S.C. § 306108) and the Advisory Council on Historic Preservation regulations 36 C.F.R. Part 800) by adhering to procedural requirements while considering the effect of this grant award on historic properties. The Act requires federal agencies to take into account the effects of their undertaking (grant Docusign Envelope ID: CAE813AA-AB3E-4936-B9BE-7437C6299A01 5 award) on historic properties by following the process outlined in regulations. That process includes (1) initiating the process through consultation with the State Historic Preservation Officer and other on the undertaking, as necessary, by (2) identifying historic properties listed on or eligible for inclusion on the National Register of Historic Places that are subject to effects by the undertaking, as necessary, by (3) assessing the effects of the undertaking upon such properties, if present, and by (4) resolving adverse effects through consultation and documentation according to 36 C.F.R. § 800.11. If an unanticipated discovery is made during implementation of the undertaking the State in coordination with NPS shall consult per provisions 36 C.F.R § 800.13.
10. The State will assist the NPS in its compliance with the National Environmental Policy Act of 1969, as amended (42 U.S.C. §4321 et seq.) and the CEQ regulations (40 C.F.R. § 1500-1508), by adhering to procedural requirements while considering the consequences of this project on the human environment. This Act requires Federal agencies to take into account the reasonably foreseeable environmental consequences of all grant-supported activities. Grantees and subrecipients are required to provide the NPS with a description of any foreseeable impacts to the environment from grantsupported activities or demonstrate that no impacts will occur through documentation provided to the NPS. The applicant must submit an Application & Revision Form in order to asst the NPS in determining the appropriate NEPA pathway when grantassisted development and other ground disturbing activities are expected. If a Categorical Exclusion (CE) is the appropriate NEPA pathway, the NPS will confirm which CE, according to NPS Director’s Order 12, applies.
C. Construction Contracted for by the State Shall Meet the Following Requirements:
1. Contracts for construction shall comply with the provisions of 43 CFR Part 12 (Administrative and Audit Requirements and Cost Principles for Assistance Programs, Department of the Interior).
2. No grant or contract may be awarded by any grantee, subgrantee or contractor of any grantee or subgrantee to any party which has been debarred or suspended under Executive Order 12549. By signing the LWCF agreement, the State certifies that it will comply with debarment and suspension provisions appearing at Part III-J herein.
D. Retention and Custodial Requirements for Records
1. Financial records, supporting documents, statistical records, and all other records pertinent to this grant shall be retained in accordance with 43 CFR Part 12 for a period of three years; except the records shall be retained beyond the three-year period if audit findings have not been resolved.
2. The retention period starts from the date of the final expenditure report for the project.
3. State and local governments are authorized to substitute copies in lieu of original records.
4. The Secretary of the Interior and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the State and local governments and their subgrantees which Docusign Envelope ID: CAE813AA-AB3E-4936-B9BE-7437C6299A01 6 are pertinent to a specific project for the purpose of making audit, examination, excerpts and transcripts.
E. Project Termination
1. The Director may temporarily suspend Federal assistance under the project pending corrective action by the State or pending a decision to terminate the grant by the NPS.
2. The State may unilaterally terminate the project at any time prior to the first payment on the project. After the initial payment, the project may be terminated, modified, or amended by the State only by mutual agreement with the NPS.
3. The Director may terminate the project in whole, or in part, at any time before the date of completion, whenever it is determined that the grantee has failed to comply with the conditions of the grant. The Director will promptly notify the State in writing of the determination and the reasons for the termination, together with the effective date.
Payments made to States or recoveries by the NPS under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties.
4. The Director or State may terminate grants in whole, or in part at any time before the date of completion, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The grantee shall not incur new obligations for the terminated portion after the effective date and shall cancel as many outstanding obligations as possible. The NPS may allow full credit to the State for the Federal share of the noncancelable obligations, properly incurred by the grantee prior to termination.
5. Termination either for cause or for convenience requires that the project in question be brought to a state of recreational usefulness agreed upon by the State and the Director or that all funds provided by the NPS be returned.
F. Lobbying with Appropriated Funds
The State must certify, for the award of grants exceeding $100,000 in Federal assistance, that no Federally appropriated funds have been paid or will be paid, by or on behalf of the State, 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, extension, continuation, renewal, amendment, or modification of this grant. In compliance with Section 1352, title 31, U.S. Code, the State certifies, as follows:
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, Docusign Envelope ID: CAE813AA-AB3E-4936-B9BE-7437C6299A01 7 amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard FormLLL, "Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
G. Provision of a Drug-Free Workplace
In compliance with the Drug-Free Workplace Act of 1988 (43 CFR Part 12, Subpart D), the State certifies, as follows:
The grantee certifies that it will or continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition;
(b) Establishing an ongoing drug-free awareness program to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of a grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will:
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; Docusign Envelope ID: CAE813AA-AB3E-4936-B9BE-7437C6299A01 8 (e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices.
Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted; (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f).
The State must include with its application for assistance a specification of the site(s) for the performance of work to be done in connection with the grant.
H. Hold Harmless
The Grantee shall indemnify the State of California and its officer, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liability due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, Development, construction, operation, or maintenance of the Project.
I. Civil Rights Assurance
The State certifies that, as a condition to receiving any Federal assistance from the Department of the Interior, it will comply with all Federal laws relating to nondiscrimination. These laws include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1), which prohibits discrimination on the basis of race, color, or national origin; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicap; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et. seq.), which prohibits discrimination on the basis of age; and applicable regulatory requirements to the end that no person in the United States shall, on the grounds of race, color, national origin, handicap or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the applicant. THE APPLICANT HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement.
THIS ASSURANCE shall apply to all aspects of the applicant's operations including those parts that have not received or benefited from Federal financial assistance.
If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant by the Department, this assurance shall Docusign Envelope ID: CAE813AA-AB3E-4936-B9BE-7437C6299A01 9 obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant for the period during which the Federal financial assistance is extended to it by the Department.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant by the Department, including installment payments after such date on account of applications for Federal financial assistance which were approved before such date.
The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United State shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, and subrecipients and the person whose signature appears on the grant agreement and who is authorized to sign on behalf of the Applicant J. Debarment and Suspension
Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission or embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
The State further agrees that it will include the clause "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions" appearing below in any agreement entered into with lower tier participants in the implementation of this grant. Department of Interior Form 1954 (DI1954) may be used for this purpose.
Docusign Envelope ID: CAE813AA-AB3E-4936-B9BE-7437C6299A01 10 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion - Lower Tier Covered Transactions
(1) The prospective lower tier participant certifies, by submission of this application that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this application.
K. Build America, Buy America
As required by Section 70914 of the Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act), P.L. 117-58, on or after May 14, 2022, none of the funds under a federal award that are part of Federal financial assistance program for infrastructure may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. The requirements of this section must be included in all subawards, including all contracts and purchase orders for work or products under this program.
Recipients of an award of Federal financial assistance are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless:
1. all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
2. all manufactured products used in the project are produced in the United States —this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
3. all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within Docusign Envelope ID: CAE813AA-AB3E-4936-B9BE-7437C6299A01 11 the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
For further information on the Buy America preference, please visit www.doi.gov/grants/BuyAmerica. Additional information can also be found at the White House Made in America Office website: www.whitehouse.gov/omb/management/madeinamerica/.
Waivers
When necessary, recipients may apply for, and the Department of the Interior (DOI) may grant, a waiver from these requirements, subject to review by the Made in America Office. The DOI may waive the application of the domestic content procurement preference in any case in which it is determined that one of the below circumstances applies:
1. Non-availability Waiver: the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality;
2. Unreasonable Cost Waiver: the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent; or
3. Public Interest Waiver: applying the domestic content procurement preference would be inconsistent with the public interest.
There may be instances where an award qualifies, in whole or in part, for an existing DOI general applicability waiver as described at:
www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers.
If the specific financial assistance agreement, infrastructure project, or non-domestic materials meets the criteria of an existing general applicability waiver within the limitations defined within the waiver, the recipient is not required to request a separate waiver for non-domestic materials.
If a general applicability waiver does not already apply, and a recipient believes that one of the above circumstances applies to an award, a request to waive the application of the domestic content procurement preference may be submitted to the financial assistance awarding officer in writing. Waiver requests shall include the below information. The waiver shall not include any Privacy Act information, sensitive data, or proprietary information within their waiver request. Waiver requests will be posted to www.doi.gov/grants/buyamerica and are subject to public comment periods of no less than 15 days. Waiver requests will also be reviewed by the Made in America Office.
1. Type of waiver requested (non-availability, unreasonable cost, or public interest).
2. Requesting entity and Unique Entity Identifier (UEI) submitting the request.
3. Department of Interior Bureau or Office who issued the award.
Docusign Envelope ID: CAE813AA-AB3E-4936-B9BE-7437C6299A01 12 4. Federal financial assistance listing name and number (reference block 2 on DOI Notice of Award)
5. Financial assistance title of project (reference block 8 on DOI Notice of Award).
6. Federal Award Identification Number (FAIN).
7. Federal funding amount (reference block 11.m. on DO Notice of Award).
8. Total cost of Infrastructure expenditures (includes federal and non-federal funds to the extent known).
9. Infrastructure project description(s) and location(s) (to the extent known).
10.List of iron or steel item(s), manufactured goods, and construction material(s) the recipient seeks to waive from Buy America requirements. Include the name, cost, countries of origin (if known), and relevant PSC or NAICS code for each.
11.A certification that the recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor.
12.A statement of waiver justification, including a description of efforts made (e.g., market research, industry outreach) by the recipient, in an attempt to avoid the need for a waiver. Such a justification may cite, if applicable, the absence of any Buy America compliant bids received in response to a solicitation.
13.Anticipated impact if no waiver is issued. Approved waivers will be posted at www.doi.gov/grants/BuyAmerica/ApprovedWaivers; recipients requesting a waiver will be notified of their waiver request determination by an awarding officer.
Questions pertaining to waivers should be directed to the financial assistance awarding officer.
Definitions
“Construction materials” includes an article, material, or supply that is or consists primarily of:
• non-ferrous metals;
• plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); • glass (including optic glass);
• lumber;
• or drywall.
“Construction Materials” does not include cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives. “Domestic content procurement preference’’ means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States.
“Infrastructure” includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and Docusign Envelope ID: CAE813AA-AB3E-4936-B9BE-7437C6299A01 13 wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy.
‘‘Project’’ means the construction, alteration, maintenance, or repair of infrastructure in the United States.
L. Special Award Conditions (SACs)
Based on all information provided by the recipient, as of the award date 08/06/2025, the NPS does not yet have sufficient information to make a NEPA determination.
Notwithstanding the obligation of funds shown on the Grant Agreement, the parties hereby agree that the availability of funds to the recipient for payment of costs incurred by the recipient is conditioned upon them being applied only to achieving a final NEPA determination. The recipient is prohibited from expending federal funds unless they are directly related to, and in support of, compliance with NEPA. No funds for other activities, therefore, shall be made available to the recipient for payment, and the NPS does not guarantee or assume any obligation to reimburse costs incurred by the recipient prior to written authorization from the State to proceed.
The recipient is thereby authorized to use federal funds for the defined project activities, subject to the recipient’s compliance with the restrictions stated below and except where such activity is subject to a restriction set forth elsewhere in this award.
The recipient is authorized to proceed with the following phases and/or tasks as referenced in the Statement of Work (SOW) approved by the State, except where such activity is subject to a restriction set forth elsewhere in this award:
• Site design plans
• Project planning
• Surveys
• Environmental site assessments
• Anything that leads to a compliance pathway.
This authorization is specific to the project activities and locations as described in the SOW approved by the NPS LWCF NEPA Determination.
The State has not authorized the recipient to incur the following costs or begin the following phases and/or tasks:
• Perform any work under the project except as needed to complete compliance • Draw down any funds not related to federal environmental compliance Should the recipient elect to undertake activities or change locations prior to written Docusign Envelope ID: CAE813AA-AB3E-4936-B9BE-7437C6299A01 14 authorization from the State, the recipient does so at risk of not receiving federal funding and such costs may not be recognized as allowable cost share.
Questions about the permissibility of federal cost sharing on activities prior to the NPS’ issuance of a final NEPA determination shall be directed to the State. The recipient must receive written approval from the State before incurring costs for federal cost sharing. After receiving approval from the State, if the recipient chooses to incur costs eligible for federal cost sharing for the approved activities, the recipient agrees to abide by the conditions, limitations, mitigation measures, monitoring requirements, and reporting responsibilities specified in writing from the State. The recipient also agrees to undertake these activities in accordance with necessary landowner approvals, required permits, and any additional approvals and mitigation requirements of other federal, state and local governmental agencies with jurisdiction by law.
Docusign Envelope ID: CAE813AA-AB3E-4936-B9BE-7437C6299A01
ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent - Resolutions TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: June 25, 2026
SUBJECT: Resolution of Intention No. 2275 adding Area 4-329 to the Consolidated Maintenance District
Resolution of Intention (ROI) to add the following territory to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director’s Report:
ROI # 2275 adding Area 4-329 (737 10th St., 916 & 920 Q St.): Street Tier = 1; Park Tier = 1 – Ward 2 RECOMMENDATION:
Staff recommends adopting the resolution of intention.
BACKGROUND:
Written requests have been received by the City Engineer from the owner of the parcel to be included in the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of parks and/or street landscaping.
The City of Bakersfield has received a letter from the owner of the property listed above which waived the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy subdivision requirements. The owner has also submitted a Proposition 218 ballot indicating their consent to the assessments.
To provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor‐Recorder's Office upon approval of this Resolution.
Staff recommend the new territory be added to the Consolidated Maintenance District at the next City Council meeting.
FISCAL IMPACT:
The revenue from Maintenance Assessment Districts partially supports ongoing maintenance in the districts for the year. There is some General Fund support on an annual basis for the short fall in the CMD revenue collected citywide.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
Resolution of Intention; Exhibits 1-H
RESOLUTION OF INTENTION NO. 2275
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,
AREA 4-329 (737 10TH STREET AND 916 & 920 Q STREET) TO
THE CONSOLIDATED MAINTENANCE DISTRICT,
PRELIMINARILY APPROVING, CONFIRMING AND
ADOPTING THE DEVELOPMENT SERVICES DIRECTOR'S
REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS
OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE
ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL.
(WARD 2)
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ("CMD"). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ("special benefit") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ("general benefit");
WHEREAS, as set forth in the attached Development Services Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and/or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel;
WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Development Services Director recommends addition of territory to the CMD;
WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 4-329 (737 10th Street & 916 & 920 Q Street) to the CMD. Said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; an WHEREAS, the Development Services Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit "1," containing the following:
a) A description of the boundary of the additional territory, attached hereto as Exhibit "A";
b) A map and assessment diagram of the additional territory, attached hereto as Exhibit “B”;
c) The benefit formula attached hereto as Exhibit "C";
d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code;
e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E";
f) The recorded covenant disclosing inclusion in maintenance district, attached hereto as Exhibit “F”;
g) The Proposition 218 ballot signed by the property owner, attached hereto as Exhibit “G”;
h) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit “H”;
WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
2. The City Council hereby preliminarily adopts and approves the Development Services Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition.
3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019-05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Long Beach-Anaheim/All Urban Consumers Consumer Price Index
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on ______________________________ by the following vote:
AYES: COUNCILMEMBER ARIAS, GOZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
________________________________
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: _________________
By __________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
By: _________________________________________
VIRIDIANA GALLARDO-KING
Deputy City Attorney
Attachments: Exhibit "C" Exhibit "G"
Exhibit “1” Exhibit "D" Exhibit "H"
Exhibit “A” Exhibit "E"
Exhibit “B” Exhibit “F”
EXHIBIT 1
DEVELOPMENT SERVICES DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-329
Fiscal Year 2026-2027
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 737 10th Street and 916 & 920 Q Street and as shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield.
Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Development Services Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways within parks now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made.
For many years, public parks, public hardscaped and/or landscaped street median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, hardscaping and/or landscaping street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, hardscaping and/or landscaping street median and other street landscaping improvements to be constructed within the City.
Additional territory, as shown in Exhibit "B" is being added to the Consolidated Maintenance District for the maintenance of a park and public hardscaping and/or landscaping street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit.
All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit “C”) per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Long Beach-Anaheim/All Urban Consumers Consumer Price EXHIBIT 1
Index. However, parcels will not be assessed until park and/or street landscaping and/or hardscaping median improvements have been installed. When park and/or street landscape and/or hard-scaping median improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019-05 as escalated by the above-described Consumer Price Index.
All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping and/or hardscaping median improvements are aesthetic enhancement and open space enjoyment.
A public park will benefit all the residential lots and public median, and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein.
NOW THEREFORE, I, PHILLIP BURNS, Development Services Director, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2026-2027 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area.
Dated:
PHILLIP BURNS
Development Services Director
City of Bakersfield
Area 4-329
Containing: 0.26 Acres, more or less.
SPR 22-60000276, 22-60000347, 22-60000346
737 10th St, 916 & 920 Q St Bakersfield California
LEGAL DESCRIPTION
An area located in Section 31, Township 29, Range 28 M.D.B. & M., more particularly described as follows:
EXHIBIT A
BENEFIT FORMULA
The factor for the tier level, which equals the street or tier number. This tier is assigned by the Parks and Recreation department for the entire area of the Consolidated Maintenance District.
Multiplied by
(Tier):
County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their tax roll.
Total Assessment $= ((Park Rate x Park Tier) x EDU)) + ((Street Rate x Street Tier) x EDU) + (County Fee) Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate.
Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot.
On January 12, 2005 the city passed Resolution 19-05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms.
Rate:
Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A “Consolidated Maintenance District Cost per Tier” as approved by City Council Resolution 019-15. As per the Resolution, “Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles – Riverside – Orange County / All Urban Consumers Consumer Price Index.” Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Parks and Recreation Dept. through separate policy.
The number of Equivalent Dwelling Units (EDU's as defined on page 2 of this exhibit) for the parcel.
Multiplied by
(EDU):
EXHIBIT "C"
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
Each parcel joining the Consolidated Maintenance Districtshall be assessed the amount as defined below:
EXHIBIT C
Single Family Residential Parcels: 1 EDU per Parcel
Mobile Home Parks: 1 EDU per Space / Lot
Multifamily Residential Parcels: .71 EDU per Unit
(Commercial / Industrial / Mixed Use): 6 EDU per Acre
Zone EDU's per gross acre
R-1 7.26
R-2 17.42
R-3 34.85
R-4 72.6
E: 4.36
R-S 1.82
R-S-1A 1
R-S-2.5A 0.4
R-S-5A 0.2 Commercial / Industrial / Mixed Use: 6 EDU per gross acre R-S-10A 0.1 Agricultural: 1 EDU per gross acre
Undeveloped ground in its natural state will be assigned EDU’s based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are:
A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs:
1. Bakersfield Municipal code 13.04.021:
“It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right-of-way and/or public parks.
Nothing shall preclude the city from requesting formation of a maintenance district, or joining a a maintenance district, or updating the maintenance district documents as a condition of a zone change, or general plan amendment, or grading permit, or conditional use permit, or during site plan review where deemed necessary by the city."
2. Bakersfield Municipal Code 13.04.022 (a):
“No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right-ofway and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver.”
3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit.
Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU’s may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use.
EXHIBIT C
Said assessment is made in accordance with the benefit formula attached hereto. 2026-2027
BUDGET
Gross Budget Amount Required $0.00
(City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** $0.00
Less: City Contributions $0.00
NET AMOUNT TO BE ASSESSED $0.00
** Previous Years Deficits No Longer Carried Forward.
MAINTENANCE DISTRICT AREA 4-329
EXHIBIT D
Assessor's Tax No. Total amount to
be collected for
FY (2026-2027)
009-172-13-00-5 $0.00
009-172-15-00-1 $0.00
009-172-16-00-4 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
Total $0.00
FISCAL YEAR 2026-2027
MAINTENANCE DISTRICT AREA 4-329
ASSESSMENT ROLL
EXHIBIT E
EXHIBIT F
EXHIBIT F
EXHIBIT "B"
Legal Description
For APN/Parcel ID(s): 009-172-13, 009-172-15, & 009-172-16
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCEL ONE:
Parcel 1 of Parcel Merger No. 15-0305, IN THE CITY OF BAKERSFIELD, RECORDED FEBRUARY 25, 2016, PER DOCUMENT NO. 0216022916, IN THE OFFICE OF THE COUNTY RECORDER OF KERN COUNTY.
PARCEL TWO:
LOTS 11 TOGETHER WITH THAT PORTION OF THE ALLEY ADJACENT TO SAID LOTS ON THE EAST, IN BLOCK 34 IN THE LOWELL ADDITION, IN THE CITY OF BAKERSFIELD, AS PER MAP RECORDED NOVEMBER 25, 1898, IN BOOK 1, PAGES 13 AND 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL THREE:
LOTS 12 TOGETHER WITH THAT PORTION OF THE ALLEY ADJACENT TO SAID LOTS ON THE EAST, IN BLOCK 34 IN THE LOWELL ADDITION, IN THE CITY OF BAKERSFIELD, AS PER MAP RECORDED NOVEMBER 25, 1898, IN BOOK 1, PAGES 13 AND 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ALL THAT PORTION OF CONVEYED TO KERN DELTA WATER DISTRICT, RECORDED NOVEMBER 29, 1983 AS INSTRUMENT NO. 58151, BOOK 5609, PAGE 728, KERN COUNTY RECORDS.
EXHIBIT
Inclusion of a Subdivision into the Consolidated Maintenance District City of Bakersfield - Development Services Department
Land Development
Attn: Manpreet S. Behl
1600 Truxtun Avenue
Bakersfield, California 93301
Dear Mr. Behl:
RE: Inclusion of Site Plan Review# 22-60000276, 22-60000347, & 22-60000346 (737 10th Street, 916 & 920 Q Street) in a Consolidated Maintenance District (CMD) (MD 4-329)
We, the undersigned, as owners of the property included within ite Plan Review # 22-60000276, 22-60000347, & 22-60000346 (737 10th Street, 916 & 920 Q Street) hereby request that the property be included within the CMD (MD 4-329). This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $1,133.00 as required by the City to cover the costs of this inclusion into the CMD. If requested, our engineer will supply you with a computer disk copy of the map for your use.
We understand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City Council hearing will be held for purposes of including the above property within the GMO (MD 4-329) and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for ____ , 20_ at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing.
Respectfully,
Ascencion Gonzalez - Owner
AGC Builders Inc.
3/11 /2oe(p
Date
EXHIBIT H
ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent
TO: Honorable Mayor and City Council
FROM: Christi Tenter, Human Resources Director
DATE: June 24, 2026
SUBJECT: Jos Specification and Salary Resolution Updates 7.15.26.
1. Amendment No. 2 to Resolution No. 145-2025 setting salaries and related benefits for the General Supervisory and Management Unit, updating unit name.
2. Amendment No. 3 to Resolution No. 145-2025 setting salaries and related benefits for the General Supervisory and Management Unit, updating salary.
3. New Job Specifications: City Intervention Worker I #70100 and City Intervention Worker II # 70150
RECOMMENDATION:
Staff recommends adoption of the new job specifications and Resolutions.
BACKGROUND:
Human Resources oversees the administration of citywide class specifications. Periodically class specifications require updates to reflect changes and/or modernization to reflect current duties and required minimum qualifications. These updates provide an accurate description of the job duties, which is essential in providing candidates with a comprehensive overview of positions during recruitment efforts. New classifications may also be created to support organizational growth and skills required to meet work requirements. A summary of position updates to support current operational goals is summarized below:
1. City Intervention Worker I/II: The Office of Violence Intervention and Prevention (OVIP), a unit of the City Manager’s Office, seeks to establish a full-time classification to support and enhance engagement efforts with individuals at high risk of perpetrating or experiencing violence within the community.
The position provides support, program resources, and advocacy in cases where further violent incidents may occur.
Prevention and intervention activities have been implemented over the past several years through strong partnerships with Community-Based Organizations (CBOs), service providers, and the Bakersfield Police Department. These coordinated efforts, supported by the Public Safety and Vital Services (PSVS) Measure, have contributed to significant violence reductions. Since the implementation of the City’s Gun Violence Reduction Strategy in January 2022, Bakersfield has experienced a 57% decrease in homicides and a 60% decrease in shootings, making 2024 the safest year since before the pandemic.
More recently part-time positions, employed by the City, have been funded by PSVS and utilized to support these efforts. Establishing these dedicated roles is critical to sustaining and expanding this success. With designated staff, the program will be able to:
• Strengthen and sustain relationships with high-risk individuals, victims of violence, and their networks by enhancing direct interactions, ensuring consistent follow-up, building trust, and creating more opportunities for timely intervention, support, and connection to services that promote long-term positive change.
• Increase program visibility and engagement through greater presence at community events and proactive outreach efforts.
By creating these positions, the City will move beyond reactive responses toward a proactive, continuous presence in the community. This capacity will ensure the outcomes achieved through PSVS investments are not only preserved but built upon, helping to further reduce violence and improve safety citywide.
The Board of State and Community Corrections (BSCC) under the California Violence Intervention and Prevention (CalVIP) Cohort 5 grant, will provide funding to support full-time positions. The new specification was presented and approved by the Miscellaneous Civil Service Board at their May 19, 2026.
2. Development Services Director – The City Manager’s Office seeks to reassign the salary grade allocated to this single-inclement classification based on added scope. Over the past year the development services department has integrated a new division, land development, to support onestop-shop efforts for citywide developer services. The department expanded again as part of the fiscal-yea 2026-27 budget by adding community development staff and process. The grade will change from grade 71 to grade 77, shown below:
Grade Step 1 Step 2 Step 3 Step 4 Step 5
M71 78.97 82.922 87.067 91.425 95.996
M77 83.784 87.974 92.374 96.997 101.842
FISCAL IMPACT:
No additional budget requests, amounts are inclusive of FY 25-26 allocations or grant related with no fiscal impact to the general fund.
COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
1. Reso 145-2025 Amend 2 7.15.26
2. Exhibit A Reso Setting Salaries 7.15.26
3. Reso 145-2025 Amend 3 7.15.26
4. City Intervention Worker I-II 70100-70150
RESOLUTION NO. 145-2025(2)
AMENDMENT NO. 2 TO RESOLUTION NO. 145-2025
SETTING SALARIES AND RELATED BENEFITS FOR
OFFICERS AND EMPLOYEES OF THE GENERAL
SUPERVISORY AND MANAGEMENT UNITS
WHEREAS, the Charter of the City of Bakersfield authorizes City Council to provide for salaries and related benefits for officers and employees of the City; and WHEREAS, the City recognizes all Unrepresented, General Supervisory and Management as a “Unit” of the City; and
WHEREAS, the Council has determined what salaries and related benefits should be for officers and employees of the General Supervisory and Management Units of the City; and WHEREAS, a definition and complete list of all positions within the General Supervisory and Management Units that this Resolution applies to is attached hereto as Exhibit A which also includes corresponding salaries as Appendix 1 to Exhibit A; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that:
1. Unpresented, non-supervisory and non-management classifications will be added to the unit.
2. General Supervisory and Management Units is hereby renamed to the Unpresented, General Supervisory, and Management Unit.
3. Exhibit A outlines the salaries and benefits of the Unpresented, General Supervisory, and Management Unit.
4. This Resolution shall commence upon adoption by the City Council. ----------o0o----------
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on____________________ by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER _______________________________________________________________ ABSTAIN: COUNCILMEMBER _______________________________________________________________ ABSENT: COUNCILMEMBER ______________________________________________________________ _ ________________________________
JULIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: _________________
By __________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
By _________________________
VIRGINIA A. GENNARO
CITY ATTORNEY of the City of Bakersfield
Exhibit A
SECTION 1.
Exhibit A provides the list of positions within the Unrepresented, General Supervisory, and Management (including non-represented Fire and Police Management) Units and Appendix 1 identifies the corresponding salaries for employees in the categories and positions specified therein; the whole of said attachment is hereby incorporated and approved as a part of the Resolution.
SECTION 2.
Term of Agreement
This Resolution is effective July 1, 2025, and unless otherwise amended, expires at 12:00 midnight on June 30, 2027.
SECTION 3.
Salary
Effective the pay period following City Council adoption, starting December 29, 2025:
The City shall provide a 2.0% increase for all salary ranges in effect for Supervisory and Management unit classifications.
Effective the first full pay period following July 1, 2026:
The City shall provide a 2.0% increase for all salary ranges in effect for Unpresented, General Supervisory, and Management unit classifications.
Sections of the resolution may be reopened throughout the term for classification updates, salary adjustments should salary compaction arise in a department(s) due to salary settlements for subordinate employees or general economic matters in support of recruitment and retention efforts.
SECTION 4.
Car and Mileage Allowances
A. Effective March 20, 2006, department heads who are not furnished an official City car, or regularly utilize a pool vehicle for daily business, shall be reimbursed for automobile use at the rate of ONE HUNDRED TWENTY DOLLARS ($120.00) per week.
Exhibit A
Members of the City Council shall be reimbursed for automobile use at a rate equivalent to that designated for department heads.
B. Effective March 20, 2006, Management employees, as recommended by the department head, not furnished an official City car, or regularly utilize a pool vehicle for daily business and who are not department heads shall be reimbursed at the rate of twenty-five percent (25%) of the Department Head allowance.
C. Effective March 20, 2006, future automobile allowance rates will be increased annually thereafter on January 1st based upon the percentage annual increase of the IRS mileage reimbursement rate. If the IRS mileage reimbursement rate decreases in any given year, no change to the automobile allowance will be made.
D. Mileage allowances on the above where the car is in use on City business shall be allowed based upon factors of gasoline costs and maintenance costs; provided, however, that City officers named in Subsection A. shall receive mileage allowances only for out-oftown travel on City business.
E. The car allowance provided in Subsection A. shall be annually determined based upon the factors of leasing costs, gasoline costs and up-keep cost increases, if any, from year to year.
SECTION 5.
Medical and Dental Insurance
All future meeting and conferring and decisions regarding the structure of medical/dental insurance coverage shall take place through the Joint City/Employee Insurance Committee. The Committee shall consist of representatives from each Unit and the City.
There shall be a good faith effort to make all decisions by October 31 of each year.
Discussions as to the City's contribution toward medical/dental insurance shall continue to be determined through the formal meet and confer process between the City and the individual Units.
Medicare Coverage. Any employee eligible to receive retiree medical insurance coverage who is eligible for Medicare coverage whether through the City of Bakersfield, other employers, spouse/domestic partner coverage, or for any other reason, shall be required to obtain and utilize such coverage as a condition for receiving coverage under the City’s plan.
Exhibit A
The City shall provide the surviving spouse/domestic partner and eligible dependent (s) of any deceased employee with the health and welfare benefit contribution that had been made on behalf of the employee prior to their death.
Retiree Medical – Management and General Supervisory Units a) Retiree Medical – Employees Hired Prior to April 1, 1996.
For retired employees hired by the City prior to April 1, 1996, who retire following fifteen (15) years of permanent service or retire due to disability, eligibility for and contributions towards retiree medical insurance shall be as originally set forth in City Council Resolution #227-88 and herein set forth:
A. Retired employees enrolled under the City’s health plan shall receive city contributions based on the following formula:
Participation in the City retiree medical insurance plan will be offered to those employees who retire following fifteen (15) years of regular service or retire due to disability. Such retirees will receive a premium subsidy based upon 3% per year of service, to the nearest quarter year, up to a maximum of 30 years (90%), of the lower of the HMO or Fee-ForService Single rate. In no case shall a retiree in this class receive more than 90% of their applicable rate structure (i.e., single rate without Medicare rate, single with Medicare rate, etc.) in subsidies from the City.
B. Forty-two (42%) percent of the actual premium for the “Fee for Service” Retiree Health Plan shall be paid by the City and the balance of the premium shall be calculated and paid pursuant to the formula in “A” above.
C. Retired employees covered under the HMO Insurance plans shall only receive the City contributions under the formula in “A” above.
Participation in the City retiree medical insurance plan will be offered to those employees hired after April 1, 1996 and before March 22, 2006, who retire following twenty (20) years of regular service or retire due to disability. Such retirees will receive a premium subsidy based upon 3% per year of service up to a maximum of 30 years (90%), of the lower of the HMO or Fee-For-Service Single rate. In no case shall a retiree in this class receive more than 90% of their applicable rate structure Exhibit A