Agenda packet — Gardena City Council, June 10, 2025 (part 2 of 3)

Gardena Municipal Code allows on-street parking to be counted toward the required parking for the facility. The parking study submitted by Applicant includes an analysis of available on -street parking in the vicinity, which shows that Applicant can meet the overall parking demand through a combination of on-site and adjacent street parking pursuant to GMC Section 18.40.080.B.3.

The project is consistent with the City’s General Plan. As proposed, the use and parking arrangement will not negatively impact public health, safety, or surrounding properties.

The Planning Commission considered the project’s qualification for an exemption from the provisions of California Environmental Quality Act (CEQA) and determined the project was exempt. After conducting a public hearing, and after considering all materials and evidence presented by staff, the Applicant, and the public, the Commission approved Resolution No. PC 6- 25, unanimously approving the CUP.

On May 13, 2025, the decision of the Planning Commission was called for review on motion by Councilmember Francis, and seconded by Councilmember Love.

Resolution No.6706 has been prepared for consideration by the City Council for the approval of the Applicant’s request.

The Planning Commission’s resolution and the findings for project approval are provided in Attachment A. A detailed discussion of the project area, surrounding uses, and property history can be found in the staff report presented to the Planning Commission on May 6, 2025, attached as Attachment B.

CONCLUSION:

Staff respectfully recommends that the City Council conduct a public hearing, then consider the adoption of Resolution No. 6706 to approve the project.

FISCAL IMPACT:

None.

Date 05/29/2025

Submitted by: ______ Dayana Nava _______________

Page 3 of 3 ends

ATTACHMENTS TO STAFF REPORT

A- Planning Commission Resolution No. PC 6-25, approving the Project

B- Planning Commission Staff Report dated May 6, 2025

• Parking Study

C - City Council Resolution
• Exhibit A - Project Plans
• Exhibit B - Conditions of Approval

RESOLUTION NO. PC 6-25

A RESOLUTION OF THE PLANNING AND ENVIRONMENTAL QUALITY

COMMISSION OF THE CITY OF GARDENA, CALIFORNIA, APPROVING ENVIROMENTAL ASSESMENT #1 -25 AND CONDITIONAL USE PERMIT #1 -25 TO

ALLOW AN INDOOR BATTING CAGE WITHIN AN EXISITING WAREHOUSE LOCATED AT 13008 HALLDALE AVENUE IN THE INDUSTRIAL (M-1) ZONE.

13008 Halldale Avenue, Gardena
(APN: 6102-004-016)

THE PLANNING COMMISSION OF THE CITY OF GARDENA, CALIFORNIA, DOES HEREBY FIND AND RESOLVE AS FOLLOWS:

SECTION 1. RECITALS.

A. In January 2025, the Applicant, Maximize Athletic Performance , represented by Peter Girgis, submitted an application for a new conditional use permit to operate an indoor batting cage facility (the “Project”) within the existing warehouse space addressed at 13008 Halldale Ave, (the “Subject Property”).

B. The General Plan Land Use Plan designation of the Subject Property is Industrial, and the zoning is Industrial Zone (M-1).

C. The Subject Property is bounded by West 130th Street to the north, Halldale Avenue to the west, and industrial properties to the north, east and south and west.

D. On April 24, 2025, a public hearing was duly noticed for a Planning and Environmental Quality Commission (“Commission”) meeting for Mary 06, 2025.

E. On May 06, 2025, the Commission held a public hearing at which time it considered all the material and evidence presented by staff, the applicant, and the public, whether written or oral, and has considered the procedures and the standards required by the Gardena Municipal Code (“GMC”).

SECTION 2. CONDITIONAL USE PERMIT #1-25 FINDINGS
Conditional Use Permit #1-25 to allow the operation of an indoor batting cage facility within an existing warehouse in the M-1 zone as shown on the plans presented to the Commission on May 06, 2025, attached hereto as Exhibit “B”, is hereby approved based on the following findings and is subject to the conditions attached hereto as Exhibit “B”.

A. The use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this chapter.

Pursuant to GMC section 18.46.030.C.9, a conditional use permit is required for “uses which are not specifically listed which in no way are determinantal to surrounding properties or uses permitted in the zone and which are not permitted EA #1-25; CUP #1-25 Resolution No. PC 6-25
May 06, 2025

Page 2 of 6 ends

as a similar use”. The proposed indoor batting cage facility is not a use which is specifically listed nor is it similar to any other use in the M -1 zone. The proposed use will not be more detrimental to surrounding properties or uses than those permitted in the M -1 zone. The Project will include multiple batting cages and training areas within a 5,677-square-foot existing warehouse space in the M -1 zone. Therefore, the application for a conditional use permit is deemed proper.

B. Such use is necessary or desirable for the development of the community and is compatible with the surrounding uses, is in harmony with the general plan, is not detrimental to the surrounding properties, existing uses, or to uses specifically permitted in t he zone in which the proposed use is to be located, and will not be detrimental to the public health, safety, or welfare.

The Project is compatible with the surrounding uses in the area, as it is located within a warehouse tenant space that will allow for the spaces needed for the use.

The nature of the use, which will be entirely indoors and largely by appointment, helps ensure limited disruption to surrounding areas. The proposed use will not negatively impact on the surrounding properties, existing businesses, or the general public's health and safety.

The Project is consistent with the following General Plan Goals:
• Economic Development Plan ED Goal 1: Promote a growing and diverse business community that provides jobs, goods, and services for the local and regional market and maintains a sound tax base for the City, encourages diversification of businesses to support the local economy, and provides a stable revenue stream.
• Economic Development Goal 2: Expand, retain and revitalize quality businesses.
• Economic Development Goal 3: Attract desirable business to locate in the City.

The Subject Project contributes to a diversified business landscape by introducing a unique serviced-based recreation and athletic training uses not currently well - represented in the area. It caters to both local and regional clientele, generating economic activity while providing a valuable service to the youths and families. By occupying and enhancing an underutilized warehouse space, the project supports the City’s efforts
C. The site for the intended use is adequate in size and shape to accommodate such use and all of the yards, setbacks, walls, fences, landscaping, and other EA #1-25; CUP #1-25 Resolution No. PC 6-25
May 06, 2025

Page 3 of 6 ends

features required in order to adjust such use to those existing or permitted future uses on land in the neighborhood.

The subject property, located within an existing industrial zone, is adequate in size, shape, and configuration to support the proposed indoor batting cage and athletic training facility. The 5,677-square-foot warehouse offers sufficient interior area to accommodate the tenant improvements, including multiple batting cages, training areas, restrooms upgraded to ADA standards, and circulation space for clients and staff. All required site features, including building setb acks, landscaping buffers, and screening, either currently exist or can be accommodated through minor site upgrades as part of the project. Furthermore, the project includes a proposal to re- stripe the on-site parking lot to bring parking spaces into conformance with current City standards, ensuring that vehicle circulation and parking needs are appropriately addressed.

Therefore, the site is already adequate in size and shape.

D. The site for the proposed use relates to streets and highways properly designed and improved so as to carry the type of quantity of traffic generated or to be generated by the proposed use;

In accordance with Section 18.40.040 of the City’s Zoning Code, there is no specific parking requirement identified for an indoor batting cage facility. The applicant commissioned a parking study prepared by Walker Consultant s to assess the anticipated parking demand based on the comparable land uses. The proposed facility is required to provide 10 spaces ; currently the site provides 14 spaces. With the proposal of the restriping the total number of spaces will be reduced to 13 spaces. The remaining tenant in the building will require 7 parking spaces, per City Code, resulting in total on-site parking shortfall of 4 spaces.

The Circulation Plan, which is part of the Community Development Element of the Gardena General Plan, designates West 130th Street and Halldale Avenue as a local street. Local streets are designed to provide vehicles, pedestrian, and bicycle access to individual parcels throughout the City. They are intended to carry low volumes of traffic and allow unrestricted parking. The applicant’s request to operate an indoor batting cage is not anticipated to generate traffic beyond the current levels, and it is unlikely to impact the area's circulation. Staff do not foresee any adverse traffic impacts to the subject property.

E. The conditions stated in the decision are deemed necessary to protect the public health, safety, and general welfare.

EA #1-25; CUP #1-25 Resolution No. PC 6-25
May 06, 2025

Page 4 of 6 ends

The conditions of approval have been drafted and are attached here as Exhibit “B”.

These conditions will help protect the public health, safety, and general welfare of the surrounding uses, residents, and businesses in the area.

SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS The Project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to the following exemption:

A. Class 1- Guidelines Section 15301 - Existing Facilities - the building in which the Project is proposed already exists. The Project will not include any alterations to the existing building footprint nor the exterior façade as previously approved. The building in which the indoor batting cage facility would be located is an existing warehouse space, originally constructed in 19 78 for warehouse use. As a result, the Project is not considered an expansion of use.

B. The Project is not subject to any of the exceptions to the exemptions under Section 15300.2 of the California Environmental Quality Act. The cumulative impact of establishing the indoor batting cage facility is not considered significant. The project is not located along any state -designated scenic highway nor within any designated hazardous waste site. The building where the batting cage facility will be located is not considered a significant historical structure by any governmental body. Staff does not expect any significant impacts or unusual circumstances related to the approval of this Project.

C. Staff is hereby directed to file a Notice of Exemption.

SECTION 4. APPEAL.

The approvals granted by this Resolution may be appealed within 10 calendar days from the adoption of this resolution. All appeals must be in writing and filed with the City Clerk within this time period with the appropriate fee. Failure to file a timely written appeal will constitute a waiver of any right of appeal. The City Council may also call this matter for review within the same time period.

SECTION 5. RECORD.

Each and every one of the findings and determinations in this Resolution is based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. All summaries of information in the findings which precede this section are based on the entire record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

Langley, Wright-Scherr, Sherman, Kanhan, and Henderson
None
None
EA #1-25; CUP #1-25 Resolution No. PC 6-25
May 06, 2025

Page 6 of 6 ends

• Exhibit A: Project Plans
• Exhibit B :Conditions of Approval

FIRE EXTINGUISHER CABINETALIGN FINISHED SURFACEFLOORS, CEILING LINE (ELEVATIONS, SECTIONS)

ELEVATION/SECTION NUMBER

DIMENSION LINE - NUMBER TO LEFT OR TOP OF LINE

BREAK IN LINE, DETAIL OR DIMENSIONCENTERLINE DIMENSION, ELEVATION FLOOR HEIGHT,FINISH INDICATOR LINE

REVISION REFERENCE
GRID LINE REFERENCE: NUMBERS SHALL RUNHORIZONTALLY AND LETTERS RUN VERTICALLY IN GRIDPATTERN

DOOR NUMBER

ROOM NAME AND NUMBER

KEYNOTE

SHEET NUMBER (BLANK IF SAME SHEET)DETAIL NUMBER

WINDOW NUMBER

SHEET NUMBER (BLANK IF SAME SHEET)
LPA
CDB

OCCUPANCY LOADOCCUPANCY FACTOROCCUPANCY GROUP
REQUIRED RATING-=RATING NOT REQUIRED.5= 1/2 HR1= 1 HR2= 2 HR STUD SIZE4=2X46=2X6
WALL TYPETYPE DESIGNATION, SEE A8.01

SDSMOKE DETECTOREMERGENCY EXIT SIGN
XX

ARCHITECTURAL ABBREVIATIONSSYMBOLS
F.E.C.

CL
NORTH ARROWPROPERTY LINEINT. ELEV. REFERENCE

PROJECT INFORMATION
N/ACW
APPLICABLE CODES:2022 CALIFORNIA BUILDING CODE2022 CALIFORNIA ENERGY CODE2022 CALIFORNIA GREEN BUILDING STANDARD CODE2022 CALIFORNIA MECHANICAL CODE2022 CALIFORNIA ELECTRICAL CODE2022 CALIFORNIA PLUMBING2022 CALIFORNIA FIRE CODE2025 CITY OF GARDENA ZONING CODE ZONING INFORMATIONM-1 INDUSTRIAL ZONE
PROJECT INFORMATIONDESCRIPTION OF WORK:1. (3) NEW BATTING CAGE2. NEW GYM AREAASSESSOR PARCEL NUMBERS6102-004-016 (LOS ANGELES COUNTY)

VICINITY MAPSUBJECT PROPERTYSHEET INDEX
INTERIOR ALTERATIONFOR BATTING CAGES & GYM SPACELOCATED AT13008 HALLDALE AVENUEGARDENA, CA 90249 OWNERCHOY FAMILY TRUST4952 CORSICA DRCYPRESS, CA 90630CONTACT: TOBY CHOYTEL: (657) 337-8422EMAIL: [email protected] ATHLETIC PERFORMANCE5516 W 119TH PLINGLEWOOD, CA 90304CONTACT: PETER GIRGISTEL: (310) 465-8868EMAIL: [email protected]

PROJECT DIRECTORY
A0
ARCHITECTURALA0PROJECT INFORMATIONA1EXISTING-DEMO SITE PLANA2EXISTING FLOOR PLANA3EXISTING BUILDING ELEVATIONSA4PROPOSED SITE PLAN, SECURITY PLAN & EXISTING SITE LIGHTING PLANA5PROPOSED FLOOR PLAN ARCHITECT OF RECORDR.E.A.L.|CW ARCHITECTURE12324 SARAH STSTUDIO CITY, CA 91604CONTACT: CRYSTAL WONGTEL:(818) 640-1738EMAIL: [email protected] ENGINEERWALKER CONSULTANTS707 WILSHIRE BLVD, SUITE 3650LOS ANGELES, CA 90017CONTACT: DANIEL J. GARCIATEL: (818) 207-8424EMAIL: [email protected] THESE DRAWINGS AND SPECIFICATIONS ARE THEPROPERTY AND COPYRIGHT OF THE ARCHITECT AND SHALLNOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENTWITH THE ARCHITECT. WRITTEN DIMENSIONS SHALL TAKEPREFERENCE OVER SCALED DIMENSIONS AND SHALL BEVERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BEBROUGHT TO THE NOTICE OF THE DESIGNER PRIOR TO THECOMMENCEMENT OF ANY WORK.

MAXIMIZE ATHLETICPERFORMANCE13008 HALLDALE AVENUEGARDENA, CA 90249TENANT:MAXIMIZE ATHLETIC PERFORMANCE5516 W 119TH PLINGLEWOOD, CA 90304CONTACT: PETER [email protected]

CONDITIONAL USE PERMITRESUBMITTAL SET
CUP CORRECTIONSREVISIONSISSUEBYDATECW04/01/25
Architect/Engineer Of Record:

CONSULTANTS:

MAXIMIZE ATHLETICPERFORMANCEPROJECT
Sheet Title
Scale:Drwn By:Chkd By:Date Printed:04/01/2025
Job #241025-01
12324 SARAH STREETSTUDIO CITY, CA 91604818-640-1738WWW.REAL-ARCH.COM Pui Lin WongNo. C-38799EXP.9/30/2025LICENSEDARCHITECT

STATEOFCALIFORNIA
N
SITE & BUILDING STATISTICS: CODE REQUIREMENTEXISTINGPROPOSED PROJECT LOT AREA39,408 S.F.(0.9 ACRES)EXISTING TO REMAIN (NO CHANGE)SUBJECT BUILDING A:CONSTRUCTION TYPEIII-BEXISTING TO REMAIN (NO CHANGE)FLOOR AREA11,476 S.F. (ENTIRE BUILDING)EXISTING TO REMAIN (NO CHANGE)5,184 S.F. (SUBJECT SPACE)EXISTING TO REMAIN (NO CHANGE)SETBACKSFRONT ±60'-5/8"EXISTING TO REMAIN (NO CHANGE)SIDE - NORTH±0'-3"EXISTING TO REMAIN (NO CHANGE)SIDE - SOUTH±0'-1 1/2"EXISTING TO REMAIN (NO CHANGE)REAR±0'-2 3/8"EXISTING TO REMAIN (NO CHANGE)HEIGHT±21'-5"EXISTING TO REMAIN (NO CHANGE) NUMBER OF STORY1 STORYEXISTING TO REMAIN (NO CHANGE)USE - OCCUPANCYB (BUSINESS)EXISTING TO REMAIN (NO CHANGE)PARKING ANALYSISTENANT A: MANUFACTURINGTENANT B: SUBJECT SPACEMANUFACTURING 4,800 S.F. @ 750 S.F./SPACE= 7BATTING CAGE3 LANES @ 1 SPACE/LANE = 3 OFFICE653 S.F. @ 300 S.F./SPACE= 3GYM874 S.F. @ 150 S.F./SPACE= 6 1 SPACE PER VEHICLE FOR THE BUSINESS= 1OFFICE140 S.F. @ 300 S.F./SPACE= 1 TOTAL= 11TOTAL= 10 TENANT B: MANUFACTURINGMANUFACTURING5,184 S.F. @ 750 S.F./SPACE= 7 OFFICE140 S.F. @ 300 S.F./SPACE= 1 1 SPACE PER VEHICLE FOR THE BUSINESS= 1TOTAL= 9 TOTAL REQUIRED20 PARKING SPACESTOTAL REQUIRED21 PARKING SPACESTOTAL PROVIDED14 PARKING SPACES (1 ACCESSIBLE, TOTAL PROVIDED13 PARKING SPACES (1 ACCESSIBLE,2 REGULAR & 11 NON-COMPLIANT)9 REGULAR, 3 COMPACT) LEGAL DESCRIPTIONPARCEL 1 & 2 OF PARCEL MAP #531-77, IN THE CITY OFGARDENA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 112 PAGE 26, IN THE OFFICEOF THE COUNTY RECORDER OF SAID COUNTY.

BUILDING AREA BREAKDOWN:BUILDING ENTRANCEHALL 169 S.F.TENANT A (ADJACENT TENANT N.I.C.)MANUFACTURING4,800 S.F.OFFICE 1 & 2653 S.F.RESTROOM 156 S.F.RESTROOM 256 S.F.HALL 2129 S.F.HALL 354 S.F.TOTAL5,748 S.F.

TENANT B (SUBJECT TENANT)BATTING CAGE4,310 S.F.GYM874 S.F.OFFICE140 S.F.RESTROOM 178 S.F.RESTROOM 291 S.F.MOP SINK 14 S.F.HALL 2152 S.F.TOTAL5,659 S.F. 3 HC
8765421
1 3 0 T H S TCL
146.02 ' P.L.

EXISTING1-STORYWAREHOUSEBUILDING BTYPE III-B11,400 S.F.

EXISTING1-STORYWAREHOUSEBUILDING ATYPE III-B11,512 S.F.

H A L L D A L A A V E
CL
245' P.L.
161' P.L.
230.02' P.L.23.54' P.L.

UP
UP
RAMP UPT.E.
14131211109

SIDEWALK
SIDEWALKW.M.

G.M.

PARKINGAREASUBJECTSPACE5,677 S.F.

EXISTING/DEMO SITE PLAN
1/16" = 1'-0"CWA1
THESE DRAWINGS AND SPECIFICATIONS ARE THEPROPERTY AND COPYRIGHT OF THE ARCHITECT AND SHALLNOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENTWITH THE ARCHITECT. WRITTEN DIMENSIONS SHALL TAKEPREFERENCE OVER SCALED DIMENSIONS AND SHALL BEVERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BEBROUGHT TO THE NOTICE OF THE DESIGNER PRIOR TO THECOMMENCEMENT OF ANY WORK.

MAXIMIZE ATHLETICPERFORMANCE13008 HALLDALE AVENUEGARDENA, CA 90249TENANT:MAXIMIZE ATHLETIC PERFORMANCE5516 W 119TH PLINGLEWOOD, CA 90304CONTACT: PETER [email protected]

CONDITIONAL USE PERMITRESUBMITTAL SET
CUP CORRECTIONSREVISIONSISSUEBYDATECW04/01/25
Architect/Engineer Of Record:

CONSULTANTS:

STATEOFCALIFORNIA
SITE PLAN KEYNOTES:EXISTING CHAINLINK FENCE TO REMAIN, REMOVE EXISTINGBARB WIRE AT TOP OF CHAINLINK FENCEEXISTING TRASH ENCLOSURE TO REMAINEXISTING PARKING LOT TO BE RESTRIPPED PER PROPOSED SITEPLANEXISTING GATE TO REMAINEXISTING ACCESSIBLE RAMP TO REMAIN 1N
TYP.

TYP.

E.M.
(E) OFFICE 2
(E)R.R. 1(E)R.R. 2
(E)MANUFACTURING
(E)HALL 1(E)HALL 2
(E) OFFICE 1(E)HALL3ADJACENTTENANT(N.I.C)
(E)MANUFACTURING
E.M.
(E) OFFICE
(E) R.R. 2(E) R.R. 1

EXISTING/DEMO FLOOR PLAN
1/8" = 1'-0"CWA2
THESE DRAWINGS AND SPECIFICATIONS ARE THEPROPERTY AND COPYRIGHT OF THE ARCHITECT AND SHALLNOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENTWITH THE ARCHITECT. WRITTEN DIMENSIONS SHALL TAKEPREFERENCE OVER SCALED DIMENSIONS AND SHALL BEVERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BEBROUGHT TO THE NOTICE OF THE DESIGNER PRIOR TO THECOMMENCEMENT OF ANY WORK.

MAXIMIZE ATHLETICPERFORMANCE13008 HALLDALE AVENUEGARDENA, CA 90249TENANT:MAXIMIZE ATHLETIC PERFORMANCE5516 W 119TH PLINGLEWOOD, CA 90304CONTACT: PETER [email protected]

CONDITIONAL USE PERMITRESUBMITTAL SET
CUP CORRECTIONSREVISIONSISSUEBYDATECW04/01/25
Architect/Engineer Of Record:

CONSULTANTS:

STATEOFCALIFORNIA
1 PLAN LEGEND:EXISTING WALL TO REMAINEXISTING WALL TO BE REMOVEDEXISTING CONCRETE WALLPLAN KEYNOTES:EXISTING WALL TO REMAINEXISTING DOOR TO REMAINEXISTING WINDOW TO REMAINEXISTING COLUMN TO REMAINEXISTING PILASTER TO REMAINEXISTING SKYLIGHT TO REMAINEXISTING WALL TO BE REMOVEDEXISTING DOOR TO BE REMOVEDEXISTING PLUMBING FIXTURES TO BE REMOVED,CAP EXISTING PIPES AS REQUIRED N
TYP.

TYP.

TYP.TYP.

TYP.

TYP.TYP.

EXISTING ELEVATIONS
1/8"=1'-0"CW
THESE DRAWINGS AND SPECIFICATIONS ARE THEPROPERTY AND COPYRIGHT OF THE ARCHITECT AND SHALLNOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENTWITH THE ARCHITECT. WRITTEN DIMENSIONS SHALL TAKEPREFERENCE OVER SCALED DIMENSIONS AND SHALL BEVERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BEBROUGHT TO THE NOTICE OF THE DESIGNER PRIOR TO THECOMMENCEMENT OF ANY WORK.

MAXIMIZE ATHLETICPERFORMANCE13008 HALLDALE AVENUEGARDENA, CA 90249TENANT:MAXIMIZE ATHLETIC PERFORMANCE5516 W 119TH PLINGLEWOOD, CA 90304CONTACT: PETER [email protected]

CONDITIONAL USE PERMITRESUBMITTAL SET
CUP CORRECTIONSREVISIONSISSUEBYDATECW04/01/25
Architect/Engineer Of Record:

CONSULTANTS:

STATEOFCALIFORNIA
ELEVATION KEYNOTES:EXISTING CONCRETE WALL TO REMAINEXISTING DOOR TO REMAINEXISTING WINDOW TO REMAINEXISTING CONCRETE STEPS TO REMAINEXISTING ACCESSIBLE RAMP TO REMAINEXISTING TRASH ENCLOSURE TO REMAIN 1A3
2 3
4 TYP. TYP.
1 3 0 T H S TCL
146.02 ' P.L.

EXISTING1-STORYWAREHOUSEBUILDING BTYPE III-B11,400 S.F.

EXISTING1-STORYWAREHOUSEBUILDING ATYPE III-B11,476 S.F.

H A L L D A L A A V E
CL
245' P.L.
161' P.L.
230.02' P.L.23.54' P.L.

UP
UP
RAMP UPT.E.

SIDEWALK
SIDEWALKW.M.

G.M.

PARKINGAREASUBJECTSPACE5,677 S.F.
3 HC
5R4R
2R1R
6R7R8C
9C10C
11R12R13RH.B.

PROPOSED SITE PLAN,SECURITY PLAN & EXISTINGSITE LIGHTING PLAN1/16" = 1'-0"CWA4 THESE DRAWINGS AND SPECIFICATIONS ARE THEPROPERTY AND COPYRIGHT OF THE ARCHITECT AND SHALLNOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENTWITH THE ARCHITECT. WRITTEN DIMENSIONS SHALL TAKEPREFERENCE OVER SCALED DIMENSIONS AND SHALL BEVERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BEBROUGHT TO THE NOTICE OF THE DESIGNER PRIOR TO THECOMMENCEMENT OF ANY WORK.

MAXIMIZE ATHLETICPERFORMANCE13008 HALLDALE AVENUEGARDENA, CA 90249TENANT:MAXIMIZE ATHLETIC PERFORMANCE5516 W 119TH PLINGLEWOOD, CA 90304CONTACT: PETER [email protected]

CONDITIONAL USE PERMITRESUBMITTAL SET
CUP CORRECTIONSREVISIONSISSUEBYDATECW04/01/25
Architect/Engineer Of Record:

CONSULTANTS:

STATEOFCALIFORNIA
SITE PLAN KEYNOTES:PROPOSED RESTRIPED PARKING LOTPROPOSED SECURITY CAMERA, 3 TOTALEXISTING WALL MOUNTED LED FLOOD LIGHTBUILDING ADDRESS TO BE PLACED ON CHAINLINK FENCE & ONCURB OF SIDEWALKPROPOSED TREE 1N
E.M.

BATTING CAGE 3

GYM AREA
BATTING CAGE 2
BATTING CAGE 1
(N)OFFICE(N) R.R. 1
(N) R.R. 2
(E) OFFICE 2
(E)R.R. 1(E)R.R. 2
(E)MANUFACTURING
(N)HALL 2
(E)HALL 1(E)HALL 2
(E) OFFICE 1(E)HALL3
(N)MOPSINK
ADJACENTTENANT(N.I.C)
PANEL A200A120-240V3 PHASEPANEL B150A120-240V3 PHASE

PROPOSED FLOOR PLAN
1/8" = 1'-0"CWA5
THESE DRAWINGS AND SPECIFICATIONS ARE THEPROPERTY AND COPYRIGHT OF THE ARCHITECT AND SHALLNOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENTWITH THE ARCHITECT. WRITTEN DIMENSIONS SHALL TAKEPREFERENCE OVER SCALED DIMENSIONS AND SHALL BEVERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BEBROUGHT TO THE NOTICE OF THE DESIGNER PRIOR TO THECOMMENCEMENT OF ANY WORK.

MAXIMIZE ATHLETICPERFORMANCE13008 HALLDALE AVENUEGARDENA, CA 90249TENANT:MAXIMIZE ATHLETIC PERFORMANCE5516 W 119TH PLINGLEWOOD, CA 90304CONTACT: PETER [email protected]

CONDITIONAL USE PERMITRESUBMITTAL SET
CUP CORRECTIONSREVISIONSISSUEBYDATECW04/01/25
Architect/Engineer Of Record:

CONSULTANTS:

STATEOFCALIFORNIA
1 PLAN LEGEND: EXISTING WALLEXISTING CONCRETE WALLPROPOSED NON-LOAD BEARING WALLPLAN KEYNOTES:PROPOSED BATTING CAGE NETTINGPROPOSED WALL PER LEGENDPROPOSED DOORPROPOSED PLUMBING FIXTURES N
TYP.

TYP.

EXHIBIT B

CITY OF GARDENA
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT #1-25

GENERAL CONDITIONS
GC 1. The applicant accepts all of the conditions of approval set forth in this document and shall sign the acknowledgment.

GC 2. The applicant shall comply with all written policies, resolutions, ordinances, and all applicable laws in effect at the time of approval. The conditions of approval shall supersede all conflicting notations, specifications, and dimensions which may be shown on the project development plans.

GC 3. The floor plan layout shall be in accordance with the plans approved by the Commission and modified by these conditions of approval. The final completed project shall be in substantial compliance with the plans upon which the Commission based its decision, as modified by such decision.

GC 4. The applicant shall reimburse the City for all attorney’s fees spent in processing the project application, including a review of all documents required by these conditions of approval prior to the issuance of a final building permit.

GC 5. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any claims, actions or proceedings, damages, costs (including without limitation attorneys’ fees), injuries, or liabilities against the City or its agents, officers, or employees arising out of the City’s approval of the Notice of Exemption and Conditional Use Permit. The City shall promptly notify the applicant of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the applicant of any claim, action, or proceeding, or if the City fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Although the applicant is the real party in interest in the action, the City may, at its sole discretion, participate in the defense of any action with the attorneys of its own choosing, but such participation shall not relieve the applicant of any obligation under this c ondition, including the payment of attorneys’ fees.

CONDITIONAL USE PERMIT
CUP1. Conditional Use Permit # 1-25 shall be utilized within a period not to exceed twelve (12) months from the date of approval unless an extension is granted in accordance with Section 18.46.040 of the Gardena Municipal Code (GMC).

Utilization shall mean the issuance of a business license.

PLANNING
CUP #1-25 Resolution No. PC 6-25

Page 2 of 3 ends

PL1. The applicant is permitted to operate an amusement arcade within the facility shown on Exhibit B and shall comply with all provisions under Gardena Municipal Code (GMC) Chapter 5.12. Any violation of the regulations under GMC Chapter 5.12 may result in the revocation of Conditional Use Permit #8-

24. PL2. The hours of operation of the indoor batting cage facility shall be limited to 8:00 AM to 9:00 PM daily.

PL3. No special events shall be held at the project site without the applicant obtaining a temporary event permit from the City, and paying all appropriate fees. Temporary events are those that meet the intent and purpose of GMC Section 18.60.010.

PL4. During hours of operation, pedestrian access from Halldale Avenues shall be made available.

PL5. The parking lot shall remain open at all times during operating hours. All onsite spaces shall be utilized to the extent feasible before vehicles are turned away from the parking lot. In the event the parking lot is full, vehicles shall be directed to park on the street where parking is available.

PL6. The applicant shall comply with to all provisions outlined in the City's Noise Ordinance as specified in GMC Chapter 8.36.

PL7. The applicant shall ensure that any proposed signage shall meet the necessary requirements put forth by the Chapter 18.58 of the Gardena Municipal Code.

PL8. In the event noise, lighting , parking, or traffic nuisances or other public safety issues are brought to the attention of the City, the Community Development Director may impose further conditions or restrictions on the site operations to ensure land use compatibility.

PL9. The applicant shall stripe the parking spaces in accordance with the size and dimension specifications in GMC Section 18.40.050. Locations shall be in accordance with the approved site plan.

PL10. Prior to issuance of a building permit, barbed wire shall be removed from atop the perimeter fencing.

PL11. All activities must take place within the enclosed building. Loitering outside the tenant suite is prohibited. Patrons should stay indoors while waiting for instructions or to be picked up, and must be supervised by staff.

PL12. No outdoor storage shall be permitted.

PL13. The applicant shall be required to notify the City of any changes to the use of the facility.

CUP #1-25 Resolution No. PC 6-25

Page 3 of 3 ends

BUILDING
BS1. The project shall comply with all applicable portions of the City adopted version of the California Building Code (Title 24, California Code of Regulations) , in effect at the time of permit application.

BS2. The applicant shall comply with all applicable State and Federal Accessibility code.

BS3. The applicant shall comply with all conditions set forth by other departments and agencies including but not limited to the Los Angeles County Health Department, Los Angeles County Fire Department, Planning, and Public Works.

BS4. The approval of plans and specifications does not permit the violation of any section of the Building Code, City Ordinances, or State law.

BS5. The applicant shall submit plans and specifications to the Building Division for review.

PUBLIC WORKS
PW1. All work in the public right of way shall be constructed in accordance with the Standard Plans and Standard Specifications for Public Works Construction, latest edition and the City and State Codes as applicable. This includes supplements thereto and City of Gardena Standard Drawings.

PW2. Before undertaking any Encroachment/Excavation within the public right of way, the owner must first obtain the applicable permit from the Public Works Engineering Division.

PW3. Prior to issuance of permits, all public improvements (if any) shall be guaranteed to be installed by the execution of an Agreement for Pubic Improvements secured by sufficient bond sureties or cash, complete indemnification form, Certification of Insuranc e (General Liability, Auto & Workers Compensation) naming City of Gardena as additional insured, contractor State License and City Business License.

PW4. The applicant shall p lant 3 new street trees in open tree wells along the property street frontages along West 130th Street and Halldale Avenue. Street tree(s) improvements to be coordinated with City Public Works Superintendent.

PW5. Contractor/Applicant is responsible for all applicable permits, plan check surety, and other incidental fees pertaining to the proposed project.

Gardena Police Department – Standard Conditions

CUP #1-25 Resolution No. PC 6-25

Page 4 of 3 ends

PD1. Exterior lighting of all entrances, exits, and parking lot area shall be maintained during hours of operation and darkness. Parking lot lighting fixtures shall be sufficient (minimum one foot-candle, average of two foot-candles) to illuminate the parking lot to monitor activity as well as be fully shielded and directed to confine illumination entirely on parking areas of the subject site.

Maximize Athletic Performance certifies that he/she/it has read, understood, and agrees to the Project Conditions listed herein.

Maximize Athletic Performance, Representative
_______________________________________________ _____________________ By Date
1 CITY OF GARDENA

PLANNING AND ENVIRONMENTAL QUALITY COMMISSION

STAFF REPORT
RESOLUTION NO. PC 6-25
ENVIRONMENTAL ASSESSMENT #1-25 AND CONDITIONAL USE PERMIT #1-25 AGENDA ITEM # 7.A
DATE: May 6, 2025
TO: Chair Henderson and Members of the Planning and
Environmental Quality Commission
FROM: Greg Tsujiuchi, Community Development Director
CASE PLANNER: Dayana Nava, Planning Assistant
APPLICANT: Peter Girgis, Maximize Athletic Performance
LOCATION: 13008 Halldale Avenue (6102-004-016)
REQUEST: A request for a Conditional Use Permit to operate an indoor batting cage within an existing 5,677-square-foot warehouse located in the Industrial (M-1) zone. The request also seeks approval to count street parking toward the facility’s required parking per Section 18.40.080.B.3. of the Gardena Municipal Code.

Environmental Consideration : The project involves an existing facility and is being considered for a Class 1 Categorical Exemption under the California Environmental Quality Act (CEQA).

BACKGROUND
On January 27 , 202 5, the applicant, Maximize Athletic Performance , represented by Peter Girgis, submitted an application to operate an indoor batting cage within an existing 5,677-square-foot (-sf) warehouse located in the Industrial (M -1) zone located at the southeast corner of West 1 30th Street and Hall dale Avenue at 13008 Halldale Avenue (see Figure 1: Vicinity/Zoning Map). The subject property is a rectangular shape that totals 0.9 acres that is developed with two industrial building s, each with two tenant spaces. Each building is developed independently of each other, with their own separate parking spaces.

The applicant is proposing to occupy one of the two tenant spaces within the existing building located to the north end of the site that totals11,476-sf and is surrounded by an 8-foot-high perimeter fencing with a vehicular gate located on Halldale Avenue. There are currently 14 parking spaces for the existing building. The existing tenant space to be occupied is 5,677-sf in size and is currently vacant , but was previously used by a food processing company for wholesale marketing. The other tenant space within the building is currently occupied by an existing manufacturing company.

May 6, 2025
Planning Commission
EA #1-25 & CUP #1-25

The project site is located in an industrial area. The project site is zoned M -1 (Industrial) with properties to the north, east, south and west having the same zoning designation as shown in Figure 1. Legal nonconforming residences are found to the east of the subject property including a 32-unit mobile home park to the west. Other surrounding uses include a food processing company to the north across West 139 th Street, hardware supply warehouse to the south and furniture manufacturing to the west across Halldale Avenue.

Figure 1: Vicinity/Zoning Map

May 6, 2025
Planning Commission
EA #1-25 & CUP #1-25

Figure 2: Existing Building

4 PROJECT DESCRIPTION
The applicant is proposing minor tenant improvements to an existing 5,677-sf warehouse to accommodate a new indoor batting cage and athletic training facility. The proposed facility will primarily serve youth athletes, particularly those between the ages of 10 and 18, but will be open to individuals of all ages for personal training, skill development, and coaching.

Currently, the site includes 14 parking spaces serving a two-tenant building (Figure 3:

Site Plan). However, 11 of those spaces do not meet the minimum dimension requirements set forth in the City’s Zoning Code. As part of the proposed improvements, the applicant plans to re -stripe the parking lot to comply with current zoning and dimensional standards. This restriping effort would result in the loss of one parking space, bringing the total number of conforming spaces to 13. A parking study conducted by Walker Consultants were submitted in support of the proposal, analyzing the anticipated parking demand for the facility and assessing the availability of nearby on-street and off- site parking options.

Interior improvements will include the installation of batting cages of various sizes to accommodate different skill levels and training needs, along with dedicated areas for one- on-one coaching and personalized athletic training. The facility will also include upgrades to existing restrooms to ensure full compliance with current (ADA) (Americans with Disabilities Act) accessibility standards as shown in Figure 4: Floor Plan.

In addition to individualized training sessions, the facility will offer batting cage rentals equipped with pitching machines featuring adjustable speed and difficulty settings to cater to varying levels of experience and ability. Personalized coaching and skill development will be available by appointment, with programming designed to support both beginner and advanced athletes.

The proposed facility will be staffed by two full-time employees, with operating hours from 8:00 AM to 9:00 PM daily. To accommodate the scheduling needs of yo uth athletes and their families, most training sessions will be held by appointment. Peak operating hours are expected to be between 5:00 PM and 9:00 PM on weekdays, aligning with after - school availability for the facility’s core clientele.

May 6, 2025
Planning Commission
EA #1-25 & CUP #1-25

Figure 3: Site Plan

May 6, 2025
Planning Commission
EA #1-25 & CUP #1-25

Figure 4: Floor Plan

ANALYSIS
Conditional Use Permit #1-25
Pursuant to Section 18.46.030.C.9 of the GMC, a conditional use permit is required for “uses which are not specifically listed which in no way are detrimental to surrounding properties or uses permitted in the zone and which are not permitted as a similar use.” The proposed indoor batting cage facility is not a use which is specifically listed nor is it similar to any other use in the M-1 zone and the use will not be detrimental to surrounding to the properties or uses than those permitted in the M-1 zone.

In accordance with GMC section 18.46.040.F, the Planning Commission must make specific findings to grant a conditional use permit for an indoor batting cage facility.

May 6, 2025
Planning Commission
EA #1-25 & CUP #1-25

A. The use applied at the location set forth in the application is properly zoned for which a conditional use permit is authorized by this chapter.

Although the proposed use is not specifically listed under a defined use category within the City’s Zoning Code 18.46.030.C.9, it may be authorized through the Conditional Use Permit (CUP) process. As outlined in the Zoning Code, uses not explicitly identified may still be permitted if it can be demonstrated that they are compatible with the other uses of the zone and will not be detrimental to surrounding properties or land uses.

In this case, the proposed facility is consistent with the overall intent of the M-1 zone and is designed to operate in a manner that minimizes impacts on nearby uses. While there are some residential properties in the general vicinity, the facility will be equipped with appropriate interior treatments and construction materials to reduce sound transmissions and potential noise impacts.

Additionally, the City has previously approved conditional use permits for similar indoor sports and training facilities nearby. Therefore, the application for a conditional use permit is deemed proper.

B. Such use is necessary or desirable for the development of the community and is compatible with the surrounding uses, is in harmony with the general plan, is not detrimental to the surrounding properties, existing uses, or to uses specifically permitted in the zone in which the proposed use is to be located, and will not be detrimental to the public health, safety or welfare.

The proposal for a new indoor batting cage is compatible with the surrounding uses in the area, as it is located within a n existing warehouse tenant space that is adequate in size to allow for the use. The nature of the use, being conducted entirely indoors and largely by appointment, helps ensure limited disruption to surrounding areas.

The applicant’s proposal for a n indoor batting cage is consistent with the following General Plan Goals:
• Economic Development Plan Goal 1: Promote a growing and diverse business community that provides jobs, goods, and services for the local and regional market and maintains a sound tax base for the City, encourages diversification of businesses to support the local economy, and provides a stable revenue stream.
• Economic Development Plan Goal 2: Expand, retain and revitalize quality businesses.
• Economic Development Plan Goal 3: Attract desirable businesses to locate in the City.

May 6, 2025
Planning Commission
EA #1-25 & CUP #1-25

The facility contributes to a diversified business landscape by introducing a unique, service-based recreational and athletic training use not currently well -represented in the area. It caters to both local and regional clientele, generating economic activ ity while providing a valuable service to youth and families. By occupying and enhancing an underutilized warehouse space, the project supports the City's efforts to maintain a sound tax base and encourages economic growth through business diversification and sustainable use of commercial properties.

C. The site for the intended use is adequate in size and shape to accommodate such use and all of the yards, setbacks, walls, fences, landscaping, and other features required in order to adjust such use to those existing or permitted future uses on land in the neighborhood.

The subject property, located within an existing industrial zone, is adequate in size, shape, and configuration to support the proposed indoor batting cage and athletic training facility. The 5,677-square-foot warehouse space offers sufficient interior area to accommodate the tenant improvements, including multiple batting cages, training areas, restrooms upgraded to ADA standards, and circulation space for clients and staff. All required site features, including building setbacks, landscaping buffers, and screening, either currently exist or can be accommodated through minor site upgrades as part of the project. Furthermore, the project includes a proposal to re-stripe the on- site parking lot to bring parking spaces into conformance with current City off-street standards, ensuring that vehicle circulation and parking needs are appropriately addressed.

D. That the site for the proposed use relates to streets and highways properly designed and improved so as to carry the type and quantity of traffic generated or to be generated by the proposed use.

The Circulation Plan, which is part of the Community Development Element of the Gardena General Plan, designates West 130th Street and Halldale Avenue as local streets. Local streets are designed to provide vehicles, pedestrian and bicycle access to individual parcels throughout the City. They intend to carry low volumes of traffic and allow unrestricted parking . The applicant’s request to operate an indoor batting cage is not anticipated to generate traffic beyond the current levels, and it is unlikely to impact the area's circulation. Staff do not foresee any adverse traffic impacts to the subject property.

Parking
In accordance with Section 18.40.040 of the City's Zoning Code, there is no specific parking requirement identified for an indoor batting cage facility. As such, the applicant commissioned a parking study prepared by Walker Consultants to assess the anticipated parking demand based on comparable land uses.

May 6, 2025
Planning Commission
EA #1-25 & CUP #1-25

The study utilized the City’s parking standards for office and gym uses as a basis for calculating parking needs. According to the study:
• The office portion of the facility would require 1 parking space (based on 1 space per 300 square feet),
• The gym/training area would require 6 parking spaces (based on 1 space per 150 square feet),
• While the Code does not specifically address batting cage lanes, the study applied a practical standard of 1 parking space per lane , resulting in a need for 3 additional spaces.

Based on this methodology, the total parking demand for the proposed facility is 10 spaces.The site currently provides 14 parking spaces, but with the proposed restriping to bring the lot into conformance with current dimensional standards, the total numbe r of spaces will be reduced to 13. The remaining tenant in the building is a manufacturing use, which, per Gardena Municipal Code 18.40.040 , requires 7 parking spaces (1 parking space per 750 square feet). This results in a total on-site parking shortfall of 4 spaces.

However, pursuant to GMC Section 18.40.080.B.3, on -street parking may be counted toward the required parking for the facility. The submitted parking study also includes an analysis of available on-street parking in the vicinity, supporting the feasibility of meeting the overall parking demand through a combination of on-site and adjacent street parking and meeting the following pursuant to GMC Section 18.40.080.B.3:
• There are circumstances related to the proposed use, operations, location, the surrounding uses, zone, infrastructure, or there are other factors identified that cannot be accommodated by the limitations of the parking requirements of this title; and
• That the granting of the conditional use permit will not be in conflict with the policies of the general plan of the city; and
• The proposed use and off -site parking, as conditioned, will not be materially detrimental to the public health, safety, and welfare or injurious to property and improvements in the vicinity of the subject property.

The parking study demonstrates that the proposed use presents unique operational characteristics not addressed by standard parking requirements, including appointment - based scheduling and low parking demand. It also identifies 114 of off-site parking spaces within1500 feet of the project. The project aligns with the City’s General Plan. As stated, the use and parking arrangement will not negatively impact public health, safety, or surrounding properties.

ENVIRONMENTAL CONISDERATION (EA #1-25)
The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15301, Existing Facilities, which exempts negligible or no expansions of use in existing facilities from the provision s of May 6, 2025
Planning Commission
EA #1-25 & CUP #1-25

CEQA. The building in which the project is proposed already exists. The project will not include any alterations to the existing building footprint nor the exterior façade as previously approved. The building in which the indoor batting cages would be located is an existing industrial tenant space within a warehouse building, originally constructed in 1978 for manufacturing and warehousing purposes. As a result, the applicant’s request to operate an indoor batting cage facility within the existing industrial space is not considered an expansion of use.

The project is not subject to any of the exceptions to the exemptions under Section 15300.2 of the California Environmental Quality Act. The cumulative impact of establishing the indoor batting cage facility is not considered significant. The project is not located along any state-designated scenic highway nor within any designated hazardous waste site. The building where the indoor facility will be located is not considered a significant historical structure by any governmental body. Staff does not expect any significant impacts or unusual circumstances related to the approval of this project.

Therefore, the proposed project is categorically exempt from CEQA.

NOTICING
The public hearing notice was published in the Gardena Valley News and mailed first class to owners and occupants within a 300 -foot radius of the site on April 24, 2025. A copy of Proof of Publication and Affidavit of Mailing are on file in the office of the Community Development Department Room 101, City Hall and are considered part of the administrative record.

RECOMMENDATION
Staff recommend holding a public hearing on the application for Environmental Assessment #1-25 and Conditional Use Permit #1-25 where the Commission will:
1) Open the public hearing;
2) Receive testimony from the public;
3) Closing the public hearing; and
4) Adopt Resolution No. PC 6-25, subject to the conditions of approval and directing staff to file a notice of exemption.

ATTACHMENTS
A – Planning Commission Resolution No. PC 6-25

• Exhibit A – Project Plans
• Exhibit B – Conditions of Approval

B – Maximize Athletic Performance Parking Study Prepared by Walker Consultants Memorandum
13008 Halldale Parking Study
37-010090-00
1 Date: April 2, 2025
To: Peter Girgis
Company: Maximize Athletic Performance
Address: 13008 Halldale Avenue
Copy To: Steffen Turoff
From: Daniel Garcia, Hudson Handel
Project Name: 13008 Halldale Batting Cage Parking Study - Gardena Project Number: 37-010090-00

The following memorandum summarizes the parking study conducted for the proposed batting cage and private gym located at 13008 Halldale Avenue in the City of Gardena.

Addendum: In response to the Planning Division’s request on March 5, 2024, we can confirm that there are stop signs at the intersection of Halldale Avenue and 130th Street.

INTRODUCTION AND DEVELOPMENT

PROGRAM
Maximize Athletic Performance (“ MAP”) is looking to open a batting cage and personal training facility at 13008 Halldale Avenue. The facility is slated to have three (3) batting cages and a personal training area (or gym space) of approximately 877 square feet, as well as a 140 square foot office, and will be operated by two on-site employees.

The building has an additional tenant with whom a 14-space onsite parking lot is shared. The other tenant operates weekdays between 9:30 AM and 2:30 PM. The peak for the proposed MAP facility is projected to occur weekday evenings after 5:00 PM, after the conventional “9-5” work shift, and on weekends as MAP ’s primary client base is student-athletes. As a result, there is high potential for an efficient sharing of parking spaces. Per MAP, parking on the current site is not built to code, and after a potential restripe, MAP expects that seven ( 7) spaces may be allocated to them per the lease agreement with the building’s owner.

MAP has engaged Walker Consultants to perform a parking study to determine whether there is sufficient parking inventory (both onsite and on the street) to support the new batting cage and personal training use. Walker will make reasonable efforts to ensure an accurate study based on our knowledge, expertise, and the assumptions provided and stated in the Findings section of the letter but does not guarantee results that are favorable to the project, nor can we guarantee project approvals.

(THIS AREA INTENTIONALLY LEFT BLANK)
Memorandum
13008 Halldale Parking Study
37-010090-00
2 SUMMARY OF FINDINGS
Key findings from the parking study:
• Between the onsite shared business parking lot and on -street parking in the immediate vicinity, t here is adequate parking potential for Maximize Athletic Performance’s batting cage and personal training facility patrons.

• Peak parking occupancy on all streets within the study area reached 83% of 114 car parking capacity at 12:00 PM on a weekday , indicating that there should always be at least 19 spaces available across all weekday hours. Of those 19 available sp aces, 11 were located along Halldale Avenue, directly in front of MAP. Walker projects that MAP needs 13 parking spaces to serve users of the proposed program of three batting cages and personal training space under peak conditions. MAP may only be assigned seven (7) onsite parking spaces, and so would need to rely on an additional six (6) street parking spaces if the onsite spaces with the other tenant are not shared. The analysis shows that on-street parking in the area is available, particularly in the evening when MAP is projected to peak.

• Parking utilization for the block on which MAP will be located trends with a rise from 9:00 AM to 11:00 AM, a peak at noon, and a 10% – 20% decrease in hourly utilization from 2:00 PM to 5:00 PM. From 5:00 PM on, utilization maxes at under 40%. In other words, after 5:00 PM during weekdays, there are approximately 70 spaces available on the streets surrounding the MAP facility, with about 35± along Halldale Ave directly in front of MAP.

• In Walker’s professional opinion, available on-street parking spaces are an asset that should be utilized for public goods such as economic development, facilitation of the transportation system, and general public use. Providing parking for a business and public use during off hours for other area businesses is efficient and desirable and the use for which on-street parking in a generally commercial area is intended.

• Ultimately, Walker projects that there will be no material parking impact to the surrounding community as there is sufficient onsite and on-street parking available to appropriately accommodate parking demand generated by MAP during peak periods and because a remaining 35± space on-street parking space surplus is projected along Halldale Ave directly fronting the MAP facility.

(THIS AREA INTENTIONALLY LEFT BLANK)
Memorandum
13008 Halldale Parking Study
37-010090-00
3 PROPOSED FLOOR PLAN/PARKING REQUIREMENTS

Figure 1. | Source: Image. Google Earth Pro, 2025; Graphics. Walker Consultants, 2025.

Memorandum
13008 Halldale Parking Study
37-010090-00
4 Per the site plan shown in Figure 1., MAP is required to provide 10 parking spaces for the project:
• 1 space for the Office component,
• 6 spaces for the Gym component,
• And 3 spaces for the Batting Cages for a total of 10 parking spaces.

CURRENT CONDITIONS
Parking Study Area

Figure 2. | Source: Image. Google Earth Pro, 2025; Graphics. Walker Consultants, 2025.

The site for the MAP batting cages and private gym business currently shares a 14-space parking lot with another tenant and is planning for a total of seven (7) parking spaces assigned to MAP onsite. A restripe of the parking lot could result in a loss of one parking space, leaving a total of 13 spaces to be shared among MAP and the other tenant. As noted in the introduction, because the two tenants are projected to peak during different times of the day (MAP in the evenings and weekends, the other tenant on weekdays during the day), there is a possibility that onsite parking spaces could be shared e fficiently. In addition to the onsite parking spaces, there are existing on- street parking spaces available to the public and used by residents and businesses. For this analysis, the study area includes the streets bordering the site as the immediate parking option for prospective MAP patrons , and the nearby surrounding blocks that could carry overflow demand. Figure 2. shows a map of the study area for this

Memorandum
13008 Halldale Parking Study
37-010090-00
5 analysis, with the project site (“Halldale Site”) highlighted in red. The on-street parking along the 13000 block of Halldale Ave is also highlighted in orange as these are likely the first spaces outside of the onsite parking that prospective patrons may utilize to visit MAP.

Bounding Streets:
• Halldale Ave [North - South]
• W 130th Street [East - West]
• Normandie Ave [North - South]
• W 132nd Street [East - East]

The site and surrounding area are primarily industrial zoned, reflected in the presence of large manufacturing and distribution facilities, and lack of residential lots (although 130th and 132nd streets have housing on their northern and southern edges, respectively). This results in wide streets to accommodate industrial vehicles with high parking usage during working hours.

Current Study Area Parking Supply/Inventory

STREET N S E W STREET TOTAL
HALLDALE – – 18 (Striped) 21 (Curb) 39
132 STREET 13 (Curb) 14 (Curb) – – 27
S NORMANDIE – – 9 (Curb) 11 (Curb) 20
130 STREET 14 (Curb) 14 (Curb) – – 28
TOTAL 114

Table 1. | Source: Data. Walker Consultants, 2025.

Most of the streets surrounding the project site have parallel unstriped parking spaces. Halldale Avenue has 18 east-facing, angled spaces in the presented study area. The other side of Halldale, along with the other three streets, have curb parking. The totals have been determined by analyzing peak parking hours and seeing if and how many spaces where additional regular-sized civilian vehicles could fit. It should be noted that these totals could fluctuate by one or two depending on the size of parked vehicles and the space l eft between. Combined, the total number of on -street parking spaces in the study area (streets surrounding 13008 Halldale Ave) is 114. Along Halldale specifically, which is the street that fronts the proposed MAP location, there are 39 on-street spaces.

Memorandum
13008 Halldale Parking Study
37-010090-00
6 Site Photos

Figure 3. | Eastbound on 132nd Street. 2:00 PM Gardena. 1/14/25. Source: Walker Consultants, 2025.

Figure 4. | Eastbound on 130th Street. 12:00 PM Gardena. 1/14/25. Source: Walker Consultants, 2025.

Memorandum
13008 Halldale Parking Study
37-010090-00
7 Figure 5. | Eastbound on 130th Street. 7:00 PM Gardena. 1/9/25. Source: Walker Consultants, 2025.

Figure 6. | Southbound on Halldale Ave. 2:00 PM Gardena. 1/14/25. Source: Walker Consultants, 2025.

These spaces are on the
13000 block of Halldale
Avenue, on the same side of
the street as the proposed
project.

Memorandum
13008 Halldale Parking Study
37-010090-00
8 Figure 7. | Southbound on Halldale Ave. 6:00 PM Gardena. 1/9/25. Source: Walker Consultants, 2025.

(THIS AREA INTENTIONALLY LEFT BLANK)

These spaces are on the
13000 block of Halldale
Avenue in front of the
proposed project.

Memorandum
13008 Halldale Parking Study
37-010090-00
9 Hours of Operation for Existing Land Uses
The prospective MAP facility is slated to operate between 8:00 AM and 9:00 PM, with peak activity occurring after 5:00 PM. As shown in the following figure, many of the businesses in the area are closed by 5:00 PM, with all but one closed by 6:00 PM. The results indicate that almost all of the businesses around the project site are closed before peak activity at the MAP site is projected to occur. While the prospective project is slated to open as early as 8:00 AM, per MAP, prior to 4:00 PM, activity is expected to be low, as MAP primarily caters to student-athletes, who during the day are in classes. Additionally, the personal training focus differs from a traditional gym as access is limited to only patrons that sign up for one-on-one training sessions. At most, there will be two trainers on site conducting the one-on-one sessions.

Figure 8. | Weekday Hours of Operation. Source: Data. Walker Consultants, 2025.

Memorandum
13008 Halldale Parking Study
37-010090-00
10 Parking Needs Analysis

METHODOLOGY
Walker conducted parking occupancy counts at nearby Rex’s Baseball Batting Cage located in the West Athens neighborhood of unincorporated Los Angeles County , just one mile north of the study site . Counts at Rex’s were conducted on a Thursday between 5:00 PM and 8:00 PM to determine a design day parking demand for the prospective MAP facility. In projecting parking needs, it is important to consider the appropriate “design day” which represents the level of parking demand that the parking system is designed to accommodate. The design day is typically equal to the 85th to 95th percentile of absolute peak activity. Although we will occasionally design to a higher-than-typical design standard, such as one exceeded less than one day per month or even the absolute peak level of demand, we do not typically design to these extreme conditions because the result is an overabundance of parking spaces that remain unused most of the time.

In addition to counts at a nearby comparable batting cage facility, Walker also conducted on-street parking occupancy counts across two days, recording hourly on-street parking counts for each street bordering the site’s block to capture consistent occupancy data: Tuesday morning through early evening , and Thursday evening into early nighttime. The counts covered the 9:00 AM to 8:00 PM time period, offering a holistic view of parking trends through a standard business operating day within the site’s radius. The on-street counts are intended to highlight parking usage within the study area and whether there is availability to accommodate parking demand generated by the MAP site.

After collection, this data was sorted and visualized to conduct a parking trends analysis that brought Walker to its findings and site-specific recommendations.

Batting Cage and Personal Training Parking Demand
Batting Cage Demand
Rex’s Baseball Batting Cage is a stand-alone use that contains eight (8) batting cages and 18 parking spaces (1 ADA, 17 regularly striped stalls) to serve patrons. Rex’s operates Monday through Thursday 1:00 PM – 9:00 PM, Friday & Saturday 11:00 AM – 9:00 PM, and Sunday 11:00 AM – 7:00 PM.

Walker conducted a cage activity and parking count at the Rex’s during weekday hours of 5:00 PM through 8:00 PM on a Thursday, thus capturing a reference for a comparable business in a nearby area, supplementing the bulk of Walker’s parking study at the proposed project site. The results of the data collection are as follows:
• Peak parking demand occurred at 5:00 PM when there were 5 vehicles parked in Rex’s parking lot while 5 batting cages were in use.
• At 6:00 PM, there were 4 vehicles parked and 4 batting cages in use. • At 7:00 PM and 8:00 PM, there were 3 vehicles parked and 3 batting cages in use.

Memorandum
13008 Halldale Parking Study
37-010090-00
11 • The resulting ratio of parked vehicles per batting cages in use was 1.0. In other words, the observed parking demand ratio was 1 vehicle per batting cage in use.

To apply the findings from the vehicle counts at Rex’s to the proposed MAP project, we employ a vehicles per batting cage in-use ratio. In this case, the ratio was 1 vehicle per batting cage . Since MAP will have three batting cages, we project that at peak, there will be at least three vehicles, since there are three batting cages. To account for at least one employee onsite, we add a .33 space per cage ratio, for a total batting cage ratio of 1.33 per cage.

Personal Training (Gym) Demand
As discussed previously, the MAP facility will also feature 877 square feet of personal training space. Since this area will function as a personal training area, it differs from that of traditional gym or health club space. For example, per the Gardena municipal code, the minimum parking requirement for a physical fitness center or health club is 1 parking space per every 150 square feet of gross floor area. That means that the requirement is 6 parking spaces for an 877 square foot space. Similarly, the ULI/Shared Parking Model lists a base ratio of 7 spaces per 1,000 square feet of gross leasable area. However, since the area is intended to be used for personal training only, and since there will only be two trainers onsite working under a one-on-one training scheme, we project that the training area will generate four parking spaces under typical conditions.

Total MAP Parking Demand
If we add the three (3) spaces projected to be needed for the batting cages at 1.33 per cage, plus the four (4) spaces projected to be needed for the personal training area (2 for trainers, 2 for trainees), and add potential overlap of clients waiting for a training session to begin or for a cage to open up, we project a need for thirteen (13) parking spaces under peak conditions. However, peak conditions are not expected to occur at all times.

Under typically busy conditions, there may be 11 spaces in demand, or 85 percent of peak.

As noted previously, given that MAP will share 13 (after the lot is restriped) parking spaces with another tenant, and because the other tenant closes (at 2:30 PM) well before the peak at MAP is projected to occur (after 5:00 PM), most if not all of MAP’s parking demand should be accommodated onsite assuming sharing of all onsite spaces occurs. However, if MAP is only allocated a portion of spaces to use onsite, it may need to rely on street parking.

The following section shows the results of the on-street parking counts conducted on the streets surrounding MAP.

(THIS AREA INTENTIONALLY LEFT BLANK)

Memorandum
13008 Halldale Parking Study
37-010090-00
12 On-Street Parking Demand
STREET SUPPLY 9AM 10AM 11AM 12PM 1PM 2PM 3PM 4PM 5PM 6PM 7 PM 8PM HALLDALE 39 17 24 30 28 31 29 29 20 3 2 4 3
132 ST 27 20 21 23 23 26 27 24 19 14 14 16 16
NORMANDIE 20 8 12 18 16 10 9 5 3 3 2 2 1
130 ST 28 24 27 16 28 26 26 26 27 22 23 23 25
TOTAL 114 69 84 87 95 93 91 84 69 42 41 45 45
OCC 61% 74% 76% 83% 82% 80% 74% 61% 37% 36% 39% 39%

AVAILABLE
(STUDY AREA)
45 30 27 19 21 23 30 45 72 73 69 69

AVAILABLE
(HALLDALE)
22 15 9 11 8 10 10 19 36 37 35 36
Table 2. | Source: Data. Walker Consultants, 2025.

Table 2 shows the parked vehicle counts for each street during weekday hours from 9:00 AM to 8:00 PM.

Weekday evening counts reflect low utilization rates for on-street parking in the study area, with an average of 37% from 5:00 PM to 8:00 PM. This means that out of a total inventory of about 114 spaces, 70± of them were free during the evening hours, when MAP activity is projected to be at its highest. The availability of parking at these times is reflective of the non-residential, industrial zoning of the site area. Observing the peak hours, occupancy does not surpass 83%, meaning at any moment, there will be at least 19 parking spaces available across all four streets.

A more granular view of the data shows that during the 12:00 PM count when there were 19 spaces available on street in the study area, 11 of those were along Halldale Ave, specifically spaces located along the same block as MAP. Between 4:00 PM and 8:00 PM when MAP activity is projected to peak, there were 19 -37 spaces available along Halldale Ave. Since Halldale Ave is likely the first street that MAP patrons will search for parking if they do not find a space onsite, the results of the occupancy counts indicate that there is sufficient av ailable capacity on the street, specifically Hall dale A ve, to accommodate MAP patr ons without negatively impacting surrounding businesses.

(THIS AREA INTENTIONALLY LEFT BLANK)
Memorandum
13008 Halldale Parking Study
37-010090-00
13 Table 3. | Source: Data. Walker Consultants, 2025.

Table 3 highlights average parking space utilization by Street. 130th Street has the highest average occupancy rate at 87%, along with 132nd Street, which has an occupancy rate of 75%. Both are edged by residential lots, suggesting that the high occupancy rate is due to shared parking by residents and employees. Normandie Avenue has the lowest occupancy rate at 37%. This may be because Normandie is a high-traffic arterial, and users are choosing to park on less busy streets.

Table 4. | Source: Data. Walker Consultants, 2025.

Memorandum
13008 Halldale Parking Study
37-010090-00
14 The line graph in Table 4 reveals average parking occupancy rates across all four streets over a typical weekday. The gradual rise and fall of the line suggests consistent usage patterns tied to daily routines , including working hours and commercial activity. It highlights distinct peak and low periods, reflecting higher demand from late morning to the mid-afternoon and lower demand from the early evening into early night hours. These trends are typically expected of demand driven by employee hours and business activities , showing an inverse of parking demand in residential areas. Lower demand periods offer opportunities when inventory increases for alternative business hours, activities, and users.

Table 5. | Source: Data. Walker Consultants, 2025.

Table 5 Illustrates the relationship between parking inventory for each street and the number of vehicles observed parked across all the streets, illustrating the distribution of counts in relation to the inventory’ i.e. the fluctuation in occupancy. The diagonal line of equality is the boundary between under and overcapacity. P oints near the line reflect efficient utilization, when the number of observed vehicles closely match inventory . The more equally distributed the data points are, the less strain that street experiences through the day. If points are consolidated near the line, that suggests that the street is consistently near capacity. On the other hand, points with space between the line of equality or consolidated at the bottom suggest underutilization of a street.

Memorandum
13008 Halldale Parking Study
37-010090-00
15 Streets Inventories:
• Normandie Ave – 20
• W 132nd Street – 27
• W 130th Street – 28
• Halldale Ave – 39

Halldale Ave has a steady distribution of points, which means it consistently has parking spaces open, even during peak demand hours. The same is true for Normandie Ave, although it neared its capacity more than Halldale did.

Both 130 th and 132nd streets were consistently near or at capacity, reflecting efficient utilization . However, that efficiency also means there is limited room for additional vehicles throughout the day as spaces are consistently occupied.

PARKING NEEDS FINDINGS
• Walker’s study indicates that there is consistent availability of parking throughout the day for patrons to utilize on-street parking should it be needed within a 1500-foot radius of MAP’s facility.

• Walker projects that under peak conditions, MAP will need 13 parking spaces. Given that MAP will share a 13-space parking lot with another tenant, and that the tenant’s business closes weekdays at 2:30 PM, well before MAP is projected to peak (5:00 PM), there are possible efficiencies to be gained in sharing parking if allowed. However, if MAP is only allowed to utilize seven (7) onsite spaces, the additional six (6) spaces needed during the peak could be found on the street without materially impacting the surrounding neighborhood or its businesses and residents. Along Halldale Avenue, there were only 2-4 vehicles parked between 5:00 PM and 8:00 PM when Walker conducted counts, which means that there were more than 35 on-street parking spaces available on Halldale Avenue in front of the MAP site. • Parking utilization for the block on which MAP will be located trends with a rise from 9:00 AM to 11:00 AM, a peak at noon, and a 10% – 20% decrease in hourly utilization from 2:00 PM to 5:00 PM. From 5:00 PM on, utilization maxes at under 40%. In other words, after 5:00 PM during weekdays, there are approximately 70 spaces available on the streets surrounding the MAP facility, with about 35± along Halldale Ave alone.

Memorandum
13008 Halldale Parking Study
37-010090-00
16 END OF MEMO
RESOLUTION NO. 6706

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDENA, APPROVING CONDITIONAL USE PERMIT #1 -25 TO ALLOW AN
INDOOR BATTING CAGE WITHIN AN EXISTING 5,677 - SF
WAREHOUSE LOCATED IN THE INDUSTRIAL (M -1) ZONE LOCATED AT 13008 HALLDALE AVENUE IN THE INDUSTRIAL (M-1) ZONE, AND

FINDING THE PROJECT EXEMPT UNDER CEQA GUIDELINES
SECTION 15301 (CLASS 1 - EXISTING FACILITY).

RECITALS
WHEREAS in January 2025, Peter Girgis (“Representative”), submitted an application on behalf of Maximize Athletic Performance (“Applicant”) for a conditional use permit to operate an indoor batting cage facility (the “Project”) within the existing warehouse space at 13008 Halldale Ave., (the “Subject Property”).

WHEREAS the Applicant proposes minor tenant improvements to an existing 5,677 sf warehouse to accommodate an indoor batting cage and athletic training facility.

Interior improvements will include the installation of batting cages of various sizes to accommodate different skill levels and training needs, along with dedicated areas for one- on-one coaching and personalized athletic training. As part of the proposed improvements, the applicant plans to restripe the parking lot to comply with current zoning and dimensional standards.

WHEREAS the General Plan Land Use Plan and Zoning designation of the Property is Industrial Zone (M-1) as are the properties to the to the north, east, south and west.

WHEREAS on April 24 , 2025, the Planning and Environmental Quality Commission held a duly noticed public hearing at which time it considered all the material and evidence presented by staff, the applicant, and the public, whether written or oral and adopted Resolution No. PC 6-25, approving the Project.

WHEREAS on May 13, 2025, Council Member Francis called the decision of the Planning Commission for review, which was seconded by Council Member Love; and WHEREAS, on June 10, 2025 the City Council held a duly noticed public hearing on the Project, at which time it considered all evidence presented, both oral and written.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDENA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Conditional Use Permit #1 -25 Findings. Conditional Use Permit #1 -25 to allow the operation of an indoor batting cage facility within an existing warehouse in the M-1 zone, as shown on Exhibit A, is hereby approved based on the following findings and subject to the conditions attached hereto as Exhibit B:

A. The use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this chapter.

Docusign Envelope ID: 860B8CF7-BB1A-4926-9077-05FAEA27B88F Resolution No. 6706
2 Pursuant to Gardena Municipal Code (“ GMC”) section 18.46.030.C.9, a conditional use permit is required for “uses which are not specifically listed which in no way are determinantal to surrounding properties or uses permitted in the zone and which are not permitted as a similar use”. The proposed i ndoor batting cage facility is not a use that is specifically listed nor is it similar to any other use in the M-1 zone. The proposed use will not be more detrimental to surrounding properties or uses than those already permitted in the M-1 zone. The Project will include multiple batting cages and training areas within a 5,677-square-foot existing warehouse space in the M-1 zone. Therefore, the application for a conditional use permit is deemed proper.

B. Such use is necessary or desirable for the development of the community and is compatible with the surrounding uses, is in harmony with the general plan, is not detrimental to the surrounding properties, existing uses, or to uses specifically permitted in the zone in which the proposed use is to be located, and will not be detrimental to the public health, safety, or welfare.

The Project is compatible with the surrounding uses in the area, as it is located within a warehouse tenant space that will accommodate the room needed for the use. The nature of the use, which will be entirely indoors and largely by appointment, helps ensure limited disruption to surrounding areas. The proposed use will not negatively impact on the surrounding properties, existing businesses, or the general public's health and safety.

• Economic Development Goal 2: Expand, retain and revitalize quality businesses.

• Economic Development Goal 3: Attract desirable business to locate in the City.

The Project contributes to a diversified business landscape by introducing a unique serviced-based recreation and a athletic training use not currently well - represented in the area. It caters to both local and regional clientele, generating economic activity while providing a valuable service to the youths and families. By occupying and enhancing an underutilized warehouse space, the project supports the City’s efforts.

Docusign Envelope ID: 860B8CF7-BB1A-4926-9077-05FAEA27B88F Resolution No. 6706
3 The Subject Property, located within an existing industrial zone, is adequate in size, shape, and configuration to support the proposed indoor batting cage and athletic training facility. The 5,677-square-foot warehouse offers sufficient interior area to accommodate the tenant improvements, including multiple batting cages, training areas, restrooms upgraded to ADA standards, and circulation space for clients and staff. All required site features, including building setbacks, landscaping buffers, and screening, either currently exist or can be accommodated through minor site upgrades as part of the Project.

Furthermore, the Project includes a proposal to re -stripe the on-site parking lot to bring parking spaces into conformance with current City standards, ensuring that vehicle circulation and parking needs are appropriately addressed. Therefore, the site is already adequate in size and shape.

D. The site for the proposed use relates to streets and highways properly designed and improved so as to carry the type of quantity of traffic generated or to be generated by the proposed use.

In accordance with GMC Section 18.40.040, there is no specific parking requirement identified for an indoor batting cage facility. The applicant commissioned a parking study prepared by Walker Consultants to assess the anticipated parking demand based on the comparable land uses. The proposed facility is required to provide 10 spaces; currently the site provides 14 spaces. With the proposed restriping, the total number of spaces will be reduced to 13 spaces. The remaining tenant in the building will require 7 parking spaces per GMC, resulting in a total on-site parking shortfall of 4 spaces. The Circulation Plan, which is part of the Community Development Element of the Gardena General Plan, designates West 130th Street and Halldale Avenue as a local street. Local streets are designed to provide ve hicular, pedestrian, and bicycle access to individual parcels throughout the City. They are intended to carry low volumes of traffic and allow unrestricted parking. The Applicant’s request to operate an indoor batti ng cage is not anticipated to generate traffic beyond the current levels, and it is unlikely to impact the area's circulation. Staff do not foresee any adverse traffic impacts related to the Subject Property.

E. The conditions stated in the decision are deemed necessary to protect the public health, safety and general welfare.

The conditions of approval have been drafted and are attached here as Exhibit B. These conditions will help protect the public health, safety, and general welfare of the surrounding uses, residents, and businesses in the area.

Docusign Envelope ID: 860B8CF7-BB1A-4926-9077-05FAEA27B88F Resolution No. 6706
4 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS The Project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to the following exemption:

A. Class 1—Section 15301 - Existing Facilities - the building in which the Project is proposed already exists. The Project will not include any alterations to the existing building footprint nor the exterior façade as previously approved. The building in which the indoor batting cage facility would be wholly contained is an existing warehouse space, originally constructed in 19 78 for warehouse use. As a result, the Project is not considered an expansion of use.

B. The Project is not subject to any of the exceptions to the exemptions under Section 15300.2 of CEQA. The cumulative impact of establishing the indoor batting cage facility is not considered significant. The project is not located along any state - designated scenic highway nor within any designated hazardous waste site. The building where the batting cage facility will be located is not considered a significant historical structure by any governmental body. Staff does not expect any significant impacts or unusual circumstances related to the approval of this Project.

C. Staff is hereby directed to file a Notice of Exemption.

SECTION 3. Custodian of Record. Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. All summaries of information in the findings which precede this section are based on the entire record.

The absence of any particular fact from any summary is not an indication that a particular finding is not based in part on that fact. The documents and materials that constitute the record of proceedings on which these findings and approval are based are located in the Community Development Department at Gardena City Hall, 1700 W. 162 nd Street, Gardena, California 90247. The Custodian of Records is Greg Tsujiuchi, Community Development Director , who can be reached at (310) 217-9546 or [email protected].

SECTION 4. Effective Date. This Resolution shall be effective immediately.

BE IT FURTHER RESOLVED that the City Clerk shall certify to the passage and adoption of this Resolution; shall cause the same to be entered among the original Resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of Docusign Envelope ID: 860B8CF7-BB1A-4926-9077-05FAEA27B88F Resolution No. 6706
5 the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted.

Passed, approved, and adopted this 10th day of June, 2025.

TASHA CERDA, Mayor

ATTEST:

MINA SEMENZA, City Clerk

APPROVED AS TO FORM:

CARMEN VASQUEZ, City Attorney

Exhibit A – Project Plans
Exhibit B – Conditions of Approval

Docusign Envelope ID: 860B8CF7-BB1A-4926-9077-05FAEA27B88F

FIRE EXTINGUISHER CABINETALIGN FINISHED SURFACEFLOORS, CEILING LINE (ELEVATIONS, SECTIONS)

ELEVATION/SECTION NUMBER

DIMENSION LINE - NUMBER TO LEFT OR TOP OF LINE

BREAK IN LINE, DETAIL OR DIMENSIONCENTERLINE DIMENSION, ELEVATION FLOOR HEIGHT,FINISH INDICATOR LINE

REVISION REFERENCE
GRID LINE REFERENCE: NUMBERS SHALL RUNHORIZONTALLY AND LETTERS RUN VERTICALLY IN GRIDPATTERN

DOOR NUMBER

ROOM NAME AND NUMBER

KEYNOTE

SHEET NUMBER (BLANK IF SAME SHEET)DETAIL NUMBER

WINDOW NUMBER

SHEET NUMBER (BLANK IF SAME SHEET)
LPA
CDB

OCCUPANCY LOADOCCUPANCY FACTOROCCUPANCY GROUP
REQUIRED RATING-=RATING NOT REQUIRED.5= 1/2 HR1= 1 HR2= 2 HR STUD SIZE4=2X46=2X6
WALL TYPETYPE DESIGNATION, SEE A8.01

SDSMOKE DETECTOREMERGENCY EXIT SIGN
XX

ARCHITECTURAL ABBREVIATIONSSYMBOLS
F.E.C.

CL
NORTH ARROWPROPERTY LINEINT. ELEV. REFERENCE

MAXIMIZE ATHLETICPERFORMANCE13008 HALLDALE AVENUEGARDENA, CA 90249TENANT:MAXIMIZE ATHLETIC PERFORMANCE5516 W 119TH PLINGLEWOOD, CA 90304CONTACT: PETER [email protected]

CONDITIONAL USE PERMITRESUBMITTAL SET
CUP CORRECTIONSREVISIONSISSUEBYDATECW04/01/25
Architect/Engineer Of Record:

CONSULTANTS:

TENANT B (SUBJECT TENANT)BATTING CAGE4,310 S.F.GYM874 S.F.OFFICE140 S.F.RESTROOM 178 S.F.RESTROOM 291 S.F.MOP SINK 14 S.F.HALL 2152 S.F.TOTAL5,659 S.F. 3 HC
8765421
1 3 0 T H S TCL
146.02 ' P.L.

EXISTING1-STORYWAREHOUSEBUILDING BTYPE III-B11,400 S.F.

EXISTING1-STORYWAREHOUSEBUILDING ATYPE III-B11,512 S.F.

H A L L D A L A A V E
CL
245' P.L.
161' P.L.
230.02' P.L.23.54' P.L.

UP
UP
RAMP UPT.E.
14131211109

SIDEWALK
SIDEWALKW.M.

G.M.

PARKINGAREASUBJECTSPACE5,677 S.F.

MAXIMIZE ATHLETICPERFORMANCE13008 HALLDALE AVENUEGARDENA, CA 90249TENANT:MAXIMIZE ATHLETIC PERFORMANCE5516 W 119TH PLINGLEWOOD, CA 90304CONTACT: PETER [email protected]

CONDITIONAL USE PERMITRESUBMITTAL SET
CUP CORRECTIONSREVISIONSISSUEBYDATECW04/01/25
Architect/Engineer Of Record:

CONSULTANTS:

TYP.

E.M.
(E) OFFICE 2
(E)R.R. 1(E)R.R. 2
(E)MANUFACTURING
(E)HALL 1(E)HALL 2
(E) OFFICE 1(E)HALL3ADJACENTTENANT(N.I.C)
(E)MANUFACTURING
E.M.
(E) OFFICE
(E) R.R. 2(E) R.R. 1

MAXIMIZE ATHLETICPERFORMANCE13008 HALLDALE AVENUEGARDENA, CA 90249TENANT:MAXIMIZE ATHLETIC PERFORMANCE5516 W 119TH PLINGLEWOOD, CA 90304CONTACT: PETER [email protected]

CONDITIONAL USE PERMITRESUBMITTAL SET
CUP CORRECTIONSREVISIONSISSUEBYDATECW04/01/25
Architect/Engineer Of Record:

CONSULTANTS:

TYP.

TYP.TYP.

TYP.

TYP.TYP.

MAXIMIZE ATHLETICPERFORMANCE13008 HALLDALE AVENUEGARDENA, CA 90249TENANT:MAXIMIZE ATHLETIC PERFORMANCE5516 W 119TH PLINGLEWOOD, CA 90304CONTACT: PETER [email protected]

CONDITIONAL USE PERMITRESUBMITTAL SET
CUP CORRECTIONSREVISIONSISSUEBYDATECW04/01/25
Architect/Engineer Of Record:

CONSULTANTS:

EXISTING1-STORYWAREHOUSEBUILDING BTYPE III-B11,400 S.F.

EXISTING1-STORYWAREHOUSEBUILDING ATYPE III-B11,476 S.F.

H A L L D A L A A V E
CL
245' P.L.
161' P.L.
230.02' P.L.23.54' P.L.

UP
UP
RAMP UPT.E.

SIDEWALK
SIDEWALKW.M.

G.M.

PARKINGAREASUBJECTSPACE5,677 S.F.
3 HC
5R4R
2R1R
6R7R8C
9C10C
11R12R13RH.B.

MAXIMIZE ATHLETICPERFORMANCE13008 HALLDALE AVENUEGARDENA, CA 90249TENANT:MAXIMIZE ATHLETIC PERFORMANCE5516 W 119TH PLINGLEWOOD, CA 90304CONTACT: PETER [email protected]

CONDITIONAL USE PERMITRESUBMITTAL SET
CUP CORRECTIONSREVISIONSISSUEBYDATECW04/01/25
Architect/Engineer Of Record:

CONSULTANTS:

BATTING CAGE 3

MAXIMIZE ATHLETICPERFORMANCE13008 HALLDALE AVENUEGARDENA, CA 90249TENANT:MAXIMIZE ATHLETIC PERFORMANCE5516 W 119TH PLINGLEWOOD, CA 90304CONTACT: PETER [email protected]

CONDITIONAL USE PERMITRESUBMITTAL SET
CUP CORRECTIONSREVISIONSISSUEBYDATECW04/01/25
Architect/Engineer Of Record:

CONSULTANTS:

TYP.

EXHIBIT B

CITY OF GARDENA
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT #1-25

GENERAL CONDITIONS
GC 1. The applicant accepts all of the conditions of approval set forth in this document and shall sign the acknowledgment.

Utilization shall mean the issuance of a business license.

PLANNING
CUP #1-25 Resolution No. PC 6-25

Page 2 of 3 ends

24. PL2. The hours of operation of the indoor batting cage facility shall be limited to 8:00 AM to 9:00 PM daily.

PL4. During hours of operation, pedestrian access from Halldale Avenues shall be made available.

PL6. The applicant shall comply with to all provisions outlined in the City's Noise Ordinance as specified in GMC Chapter 8.36.

PL7. The applicant shall ensure that any proposed signage shall meet the necessary requirements put forth by the Chapter 18.58 of the Gardena Municipal Code.

PL9. The applicant shall stripe the parking spaces in accordance with the size and dimension specifications in GMC Section 18.40.050. Locations shall be in accordance with the approved site plan.

PL10. Prior to issuance of a building permit, barbed wire shall be removed from atop the perimeter fencing.

PL12. No outdoor storage shall be permitted.

PL13. The applicant shall be required to notify the City of any changes to the use of the facility.

CUP #1-25 Resolution No. PC 6-25

Page 3 of 3 ends

BS2. The applicant shall comply with all applicable State and Federal Accessibility code.

BS4. The approval of plans and specifications does not permit the violation of any section of the Building Code, City Ordinances, or State law.

BS5. The applicant shall submit plans and specifications to the Building Division for review.

PW2. Before undertaking any Encroachment/Excavation within the public right of way, the owner must first obtain the applicable permit from the Public Works Engineering Division.

PW5. Contractor/Applicant is responsible for all applicable permits, plan check surety, and other incidental fees pertaining to the proposed project.

Gardena Police Department – Standard Conditions

CUP #1-25 Resolution No. PC 6-25

Page 4 of 3 ends

Maximize Athletic Performance certifies that he/she/it has read, understood, and agrees to the Project Conditions listed herein.

Maximize Athletic Performance, Representative
_______________________________________________ _____________________ By Date
City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 15.A
Section: DEPARTMENTAL

ITEMS - POLICE
Meeting Date: June 10, 2025

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

Execution of Five-Year Contract with Axon Enterprise, Inc. for Police Body Worn Video in the Amount Not to Exceed $681,072.94
COUNCIL ACTION REQUIRED:

Staff Recommendation: Authorize and execute contract
RECOMMENDATION AND STAFF SUMMARY:

Background

In 2015, Gardena Police Department (GPD) implemented a Body Worn Camera and Digital Evidence Storage Program in which all police officers record (both with audio and visual) all interactions with the public. A contract was entered into with Axon Enterprises, Inc., and that has been the vendor since program inception. The video is stored utilizing a digital evidence storage solution, Evidence.com, which allows for easy categorizing, retention, and review of all video. Additionally, the District Attorney’s Office has the ability to review the video through Evidence.com, creating a seamless and authenticated transmission of evidence. The Police Department has been extremely satisfied with the product and service provided by Axon.

In September 2020, the Gardena Police Department entered into a second five-year agreement with Axon Enterprise, Inc., which provided 90 Professional License users with AB3 body-worn cameras and online storage through Evidence.com. This contract, totaling $399,292.25, included two equipment upgrades, ensuring that officers had access to the latest technology to record public interactions. As part of this contract, the department has already received one free equipment upgrade.

At the time of the 2020 contract renewal, the department opted for limited 10 GB storage to manage costs effectively. However, after ten years of utilizing body-worn cameras, it has become clear that limited storage is no longer sufficient due to increased staffing, greater demand for video retention, and the necessity of managing community-submitted evidence.

Proposal for 2025 Contract Renewal

To maintain continuity, improve operational efficiency, and enhance transparency, the Gardena Police Department recommends renewing its contract with Axon Enterprise, Inc. The proposed contract will increase the number of Professional Licenses from 90 to 100 in preparation for additional staffing and include the following enhancements:

1 .

Unlimited Storage
Eliminates the risk of losing valuable evidence due to storage limitations.

Allows for longer retention periods without risk of premature purging.

Supports expanded data needs, including officer-generated and community- submitted video evidence.
2 .

New Technology Upgrade
As part of the previous agreement, the department will receive 100 new AB4 body- worn cameras at no additional cost.

Additional upgrades in year 2.5 and year 5.
3 .

Additional Features for Efficiency & Compliance
Axon Community Request:

Allows patrol officers and detectives to invite victims, witnesses or business owners to submit photos and videos directly to Evidence.com, eliminating delays and manual transfers.

Auto-Tagging:

Integrates with our CAD system to automatically tag and categorize video evidence, reducing administrative workload and ensuring accurate record-keeping. Axon estimates this feature can save approximately $200 per officer per month in productivity costs.

Axon Performance:

Provides compliance metrics for body-worn cameras, TASER devices, and Fleet in-car video systems, ensuring proper usage, oversight, and training opportunities. It also enhances compliance monitoring for RIPA (Racial and Identity Profiling Act) reporting.

Other agencies such as Burbank Police Department, West Covina Police Department, Beverly Hills Police Department, Torrance Police Department, and Pasadena Police Department are just a few of the agencies that utilize Axon Community Request, Auto-Tagging, and Axon Performance.

Cost Comparison

Feature
2020 Contract
2025 Proposed Contract

90 100
Storage
10 GB
Unlimited
Annual Cost (Incl. Tax)
$79,858.45
$136,187.63
Grand Total
$399,292.25
$681,072.94

Justification for Cost Increase

Increased professional licenses to accommodate future staffing.

Upgrade to unlimited storage to meet growing video retention requirements.

Implementation of new automation and compliance features to reduce administrative workload and ensure accountability.

Alignment with current industry standards for transparency and digital evidence management.

Conclusion

Given the advancements in body-worn camera technology and the department’s evolving operational needs, it is essential to upgrade our Axon contract to include these critical enhancements. This investment will streamline processes, improve evidence management, and reinforce the department’s commitment to transparency and accountability.

The purchase will be through OMNIA Contract Number #Q-678221-45799KP. OMNIA’s analysts streamline the procurement process by developing RFPs for national, competitive solicitations that meet or exceed local requirements, including the City of Gardena’s. This allows vendors an opportunity to compete with their lowest bids and enables municipalities to obtain the overall best price for their procurement.

FINANCIAL IMPACT/COST:

Total General Fund Budgeted Amount of $681,073 for Fiscal Years 2025-2026 through Fiscal Year 2030-2031
ATTACHMENTS:

Axon OMNIA Contract with Attachments

APPROVED:
___________________________________
Clint Osorio, City Manager

INTENT TO PIGGYBACK OFF COOPERATIVE PROCUREMENT
Omnia - The University of Nebraska Contract Number: 3544-21-4615

This agreement (“the Agreement”) is hereby made this 10th day of June, 2025, by the Gardena Police Department (“Agency”) and Axon Enterprise, Inc. (“Axon”). Collectively, Agency and Axon are the “Parties.” WHEREAS, the Agency is desirous of having Axon provide products and services, as herein described; and WHEREAS, Axon and Omnia Partners agreed to utilize The University of Nebraska Contract Number: 3544-21-4615 as for the Omnia Cooperative Contract (“Omnia Contract”) which is incorporated herein by reference; and WHEREAS, Axon has agreed to provide goods and services within the scope of the Omnia Contract to the Agency at the same prices in Omnia Contract; and
WHEREAS, the goods and/or services required by the Agency and that the Agency seeks to obtain from Axon are within the scope of the Omnia Contract; and
WHEREAS, it is the purpose of this Agreement to describe the formal rights and oblig ations of the parties; NOW, THEREFORE, WITNESSETH that, for the consideration herein indicated, and in consideration of the mutual promises and covenants set forth in this Agreement, the Parties Agree as follows:

1. The Parties intend to utilize the Omnia Contract for the goods and services detailed in Quote Q-678221- 45799KP (the “Quote”) attached hereto as Exhibit A.

2. Third-Party Software and Services. Use of software or services other than those provided by Axon is governed by the terms, if any, entered into between Customer and the respective third-party provider, including, without limitation, the terms applicable to such software or services located at www.axon.com/sales-terms-and-conditions, if any.

3. The term of this Agreement shall begin upon the date of last signature and shall continue until all subscriptions hereunder have expired or have been terminated . In the event the term of the subscriptions extends past the termination or expiration of the Omnia Contract, the terms and conditions of the Omnia Contract shall remain in full force and effect as it applies to the Quote and will continue in effect for such order until the term of that Quote expires or the order is cancelled or terminated in accordance with the terms of this Agreement.

This Agreement, t ogether with the Omnia Contract, constitutes the entire agreement between the parties relating to the subject matter of this Agreement. All prior understandings, agreements, correspondence and discussions of the parties are merged into and made a part of this agreement.

This Agreement may be executed by the Parties by facsimile and in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

Each representative identified below declares they have been expressly authorized to execute this Agreement as of the date of signature.

---SIGNATURE PAGE TO FOLLOW---

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Axon Enterprise, Inc. Agency
Signature: Signature:

Name: Bobby Driscoll Name: Tasha Cerda
Title: Deputy General Counsel Title: Mayor
Date: Date:

Approved to as Form:

Signature:

Name: Carmen Vasquez
Title: City Attorney
Date:

Signature: _________________________________
Name: Mina Semenza
Title: City Clerk
Date: ____________________________________

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 5/23/2025
5/23/2025

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Page 1 ends

Q-678221-45799KP
Issued: 05/22/2025
Quote Expiration: 08/15/2025
Estimated Contract Start Date: 09/15/2025
Account Number: 106831
Payment Terms: N30
Mode of Delivery: UPS-GND
Credit/Debit Amount: $0.00

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Gardena Police Dept. - CA
1718 W 162nd St
Gardena,
CA
90247-3732
USA

Gardena Police Dept. - CA
1718 W 162nd St
Gardena
CA
90247-3732
USA
Email:

Kyle Panasewicz
Phone: +1 4803294734
Email: [email protected]
Fax: (480) 905-2071
Todd Fox
Phone: (310) 217-9651
Email: [email protected]
Fax: (310) 217-9638
Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $80,634.40 TOTAL COST $673,726.80
ESTIMATED TOTAL W/ TAX $681,072.94 TOTAL SAVINGS $403,171.98

Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Page 2 ends

Payment Summary
Date Subtotal Tax Total
Aug 2025 $134,745.36 $1,469.23 $136,214.59
Aug 2026 $134,745.36 $1,469.23 $136,214.59
Aug 2027 $134,745.36 $1,469.23 $136,214.59
Aug 2028 $134,745.36 $1,469.23 $136,214.59
Aug 2029 $134,745.36 $1,469.22 $136,214.58
Total $673,726.80 $7,346.14 $681,072.94
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Page 3 ends

Quote Unbundled Price: $1,166,846.80
Quote List Price: $995,726.80
Quote Subtotal: $673,726.80
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
BWCUwTAP BWC Unlimited with TAP 100 60 $128.18 $99.66 $79.15 $474,900.00 $7,290.80 $482,190.80 A la Carte Hardware
H00002 AB4 Multi Bay Dock Bundle 12 $1,638.90 $43.90 $526.80 $55.34 $582.14 H00001 AB4 Camera Bundle 100 $1,798.00 $0.00 $0.00 $0.00 $0.00 A la Carte Software
73739 AXON PERFORMANCE - LICENSE 100 60 $10.85 $10.85 $65,100.00 $0.00 $65,100.00 73618 AXON COMMUNITY REQUEST 100 60 $10.85 $10.85 $65,100.00 $0.00 $65,100.00 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 100 60 $10.85 $10.85 $65,100.00 $0.00 $65,100.00 A la Carte Services
79999 AXON EVIDENCE - IMPLEMENTATION FOR AUTO
TAGGING/PERFORMANCE 1 $3,000.00 $3,000.00 $3,000.00 $0.00 $3,000.00 Total $673,726.80 $7,346.14 $681,072.94
Delivery Schedule
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 87 1 08/15/2025
AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 13 1 08/15/2025
AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 3 1 08/15/2025
AB4 Camera Bundle 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 110 1 08/15/2025 AB4 Camera Bundle 100775 AXON BODY 4 - MAGNETIC DISCONNECT CABLE 110 1 08/15/2025 AB4 Camera Bundle 74020 AXON BODY - MOUNT - MAGNET FLEXIBLE RAPIDLOCK 110 1 08/15/2025 AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 12 1 08/15/2025 AB4 Multi Bay Dock Bundle 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 12 1 08/15/2025 AB4 Multi Bay Dock Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 12 1 08/15/2025 BWC Unlimited with TAP 73309 AXON BODY - TAP REFRESH 1 - CAMERA 103 1 02/15/2028 BWC Unlimited with TAP 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 12 1 02/15/2028 BWC Unlimited with TAP 73310 AXON BODY - TAP REFRESH 2 - CAMERA 103 1 08/15/2030 BWC Unlimited with TAP 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 12 1 08/15/2030 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Page 4 ends

Software
Bundle Item Description QTY Estimated Start Date Estimated End Date BWC Unlimited with TAP 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 100 09/15/2025 09/14/2030 BWC Unlimited with TAP 73746 AXON EVIDENCE - ECOM LICENSE - PRO 100 09/15/2025 09/14/2030 A la Carte 73618 AXON COMMUNITY REQUEST 100 09/15/2025 09/14/2030 A la Carte 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 100 09/15/2025 09/14/2030 A la Carte 73739 AXON PERFORMANCE - LICENSE 100 09/15/2025 09/14/2030 Services
Bundle Item Description QTY
A la Carte 79999 AXON EVIDENCE - IMPLEMENTATION FOR AUTO TAGGING/PERFORMANCE 1 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date BWC Unlimited with TAP 80464 AXON BODY - TAP WARRANTY - CAMERA 100 08/15/2026 09/14/2030 BWC Unlimited with TAP 80464 AXON BODY - TAP WARRANTY - CAMERA 3 08/15/2026 09/14/2030 BWC Unlimited with TAP 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 12 08/15/2026 09/14/2030 Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Page 5 ends

Shipping Locations
Location Number Street City State Zip Country
1 1718 W 162nd St Gardena CA 90247-3732 USA
Payment Details
Aug 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 73618 AXON COMMUNITY REQUEST 100 $13,020.00 $0.00 $13,020.00 Year 1 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 100 $13,020.00 $0.00 $13,020.00 Year 1 73739 AXON PERFORMANCE - LICENSE 100 $13,020.00 $0.00 $13,020.00 Year 1 79999 AXON EVIDENCE - IMPLEMENTATION FOR AUTO TAGGING/PERFORMANCE 1 $600.00 $0.00 $600.00 Year 1 BWCUwTAP BWC Unlimited with TAP 100 $94,980.00 $1,458.16 $96,438.16 Year 1 H00001 AB4 Camera Bundle 100 $0.00 $0.00 $0.00
Year 1 H00002 AB4 Multi Bay Dock Bundle 12 $105.36 $11.07 $116.43 Total $134,745.36 $1,469.23 $136,214.59
Aug 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 73618 AXON COMMUNITY REQUEST 100 $13,020.00 $0.00 $13,020.00 Year 2 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 100 $13,020.00 $0.00 $13,020.00 Year 2 73739 AXON PERFORMANCE - LICENSE 100 $13,020.00 $0.00 $13,020.00 Year 2 79999 AXON EVIDENCE - IMPLEMENTATION FOR AUTO TAGGING/PERFORMANCE 1 $600.00 $0.00 $600.00 Year 2 BWCUwTAP BWC Unlimited with TAP 100 $94,980.00 $1,458.16 $96,438.16 Year 2 H00001 AB4 Camera Bundle 100 $0.00 $0.00 $0.00
Year 2 H00002 AB4 Multi Bay Dock Bundle 12 $105.36 $11.07 $116.43 Total $134,745.36 $1,469.23 $136,214.59
Aug 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 73618 AXON COMMUNITY REQUEST 100 $13,020.00 $0.00 $13,020.00 Year 3 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 100 $13,020.00 $0.00 $13,020.00 Year 3 73739 AXON PERFORMANCE - LICENSE 100 $13,020.00 $0.00 $13,020.00 Year 3 79999 AXON EVIDENCE - IMPLEMENTATION FOR AUTO TAGGING/PERFORMANCE 1 $600.00 $0.00 $600.00 Year 3 BWCUwTAP BWC Unlimited with TAP 100 $94,980.00 $1,458.16 $96,438.16 Year 3 H00001 AB4 Camera Bundle 100 $0.00 $0.00 $0.00
Year 3 H00002 AB4 Multi Bay Dock Bundle 12 $105.36 $11.07 $116.43 Total $134,745.36 $1,469.23 $136,214.59
Aug 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 73618 AXON COMMUNITY REQUEST 100 $13,020.00 $0.00 $13,020.00 Year 4 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 100 $13,020.00 $0.00 $13,020.00 Year 4 73739 AXON PERFORMANCE - LICENSE 100 $13,020.00 $0.00 $13,020.00 Year 4 79999 AXON EVIDENCE - IMPLEMENTATION FOR AUTO TAGGING/PERFORMANCE 1 $600.00 $0.00 $600.00 Year 4 BWCUwTAP BWC Unlimited with TAP 100 $94,980.00 $1,458.16 $96,438.16 Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Page 6 ends

Aug 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 H00001 AB4 Camera Bundle 100 $0.00 $0.00 $0.00
Year 4 H00002 AB4 Multi Bay Dock Bundle 12 $105.36 $11.07 $116.43 Total $134,745.36 $1,469.23 $136,214.59
Aug 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 73618 AXON COMMUNITY REQUEST 100 $13,020.00 $0.00 $13,020.00 Year 5 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 100 $13,020.00 $0.00 $13,020.00 Year 5 73739 AXON PERFORMANCE - LICENSE 100 $13,020.00 $0.00 $13,020.00 Year 5 79999 AXON EVIDENCE - IMPLEMENTATION FOR AUTO TAGGING/PERFORMANCE 1 $600.00 $0.00 $600.00 Year 5 BWCUwTAP BWC Unlimited with TAP 100 $94,980.00 $1,458.16 $96,438.16 Year 5 H00001 AB4 Camera Bundle 100 $0.00 $0.00 $0.00
Year 5 H00002 AB4 Multi Bay Dock Bundle 12 $105.36 $11.06 $116.42 Total $134,745.36 $1,469.22 $136,214.58

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Page 7 ends

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Contract Omnia Contract 3544-21-4615 is incorporated by reference into the terms and conditions of this Agreement. In the event of conflict the terms of Axon's Master Services and Purchasing Agreement shall govern.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

Exceptions to Standard Terms and Conditions
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Page 8 ends

100% discounted body-worn camera and docking station hardware contained in this quote reflects a TAP replacement for hardware purchased under existing quotes Q-315304 and Q-470731. All TAP obligations from this contract will be considered fulfilled upon execution of this quote. \s1\ \d1\
Signature Date Signed
5/22/2025

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 3544-21-4615 Addendum 1
Body Worn Cameras and Related Products and Services
Issue Date: 1/5/2022
Questions Deadline: 1/21/2022 11:00 AM (CT)
Response Deadline: 2/8/2022 02:00 PM (CT)
Procurement Services
Contact Information
Contact: Mike Taylor
Address: 985050 Nebraska Medical Center
Omaha, NE 68198
Email: [email protected]

Page 1 of 26 ends

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Event Information
Number: 3544-21-4615 Addendum 1
Title: Body Worn Cameras and Related Products and Services Type: RFP - Request for Proposal
Issue Date: 1/5/2022
Question Deadline: 1/21/2022 11:00 AM (CT)
Response Deadline: 2/8/2022 02:00 PM (CT)
Notes:

The University of Nebraska Department of Public Safety (UNDPS) operating on the University of Nebraska at Omaha and University of Nebraska Medical Center campuses consisting of approximately 17 sworn Police Officers and 80 Security Officers serving a diverse community of over 35,000 students and employees. The department has a history of progressive thinking and adapting to the ever-changing law enforcement environment. As technology evolves, the department is faced with challenges not previously seen in the world of policing. UNDPS must take advantage of proven technology in the fast-growing market of body worn cameras to better serve our community.

UNDPS intends to purchase Body Worn Cameras and Related Products and Services for sworn officers and security staff assigned to the UNDPS divisions who have a high level of daily interaction with the public. The intention of the department is to make multiple purchases as funding becomes available, with a preference towards working directly with a manufacturer. Responding bidders must either be a manufacturer or certified reseller to be considered. Certified resellers must be able to provide full range of products and services, including warranty support. The department is open to any placement of the camera, method of recording and evidence storage. Additionally, UNDPS or other departments may have necessity for in-vehicle audio/visual recordings as well as the installation of audio/visual recording equipment in designated rooms (i.e. interview, questioning rooms, etc.).

See "Activities" tab for RFP schedule.

INSTRUCTIONS:

Bids must be submitted through eBid: https://unlebid.ionwave.net No physical, email, fax, telephone or voice bids will be accepted Bids are opened automatically through eBid. There is no public bid opening All questions regarding this quotation must be submitted through eBid All quotations subject to attached conditions
Quote firm prices F.O.B. Destination to the Owner's delivery address To be valid, responses must include signatures where noted and attached in eBid
Exceptions and alternates must be stated and explained
Pricing Proposal Form must be completed and submitted with response in eBid

Page 2 of 26 ends

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 If erasures and alterations are made to this document, the bidder must initial and date and attach the altered document to their eBid submission Bid Activities
Pre-Proposal Meeting via Zoom (click for details) 1/18/2022 10:00:00 AM (CT) Join Zoom Meeting:
https://nebraska.zoom.us/j/96420901653?pwd=OVZCZHA0NlM2RUNBd3F4UGkwUE9nUT09

Meeting ID: 964 2090 1653
Passcode: 714195

Dial by your location
+1 253 215 8782 US (Tacoma)
+1 346 248 7799 US (Houston)
+1 669 900 6833 US (San Jose)
+1 301 715 8592 US (Washington DC)
+1 312 626 6799 US (Chicago)
+1 646 876 9923 US (New York)
Bidder Questions Deadline (questions must be submitted through eBid) 1/21/2022 11:00:00 AM (CT) Response to Bidder Questions (posted on eBid via an addendum) 1/25/2022 2:00:00 PM (CT) UNMC will respond to any questions or clarifications submitted by the deadline date. Those responses will be posted on eBid via an addendum.

Bid Close 2/8/2022 2:00:00 PM (CT)
Bids due
Bid Attachments
Addendum 1 eBid number 3544-21-4615.pdf View Online
Addendum 1: Reasons
Addendum1_BodyCameraQuestionsAnswers01.25.2022.xlsx View Online Addendum 1: Bidder questions and provided answers
Body Cam Scope of Work 12.16.21 MT.pdf View Online
Introduction and Scope of Work
Form Solicitation Attachment_12132021.pdf View Online
Attachment A: OMNIA Partners National Documents
NU Terms and Conditions.pdf View Online
Standard Terms and Conditions document. Each bidder must review this document and acknowledge so in the Attributes tab.

Page 3 of 26 ends

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 NU Bidder Requirements.pdf View Online
Standard Bidder Requirements document. Each bidder must review this document and acknowledge so in the Attributes tab.

Site_Terms_and_Conditions_(12-04-18).pdf View Online
Site Terms and Conditions document. Each bidder must review this document and acknowledge so in the Attributes tab.

Requested Attachments
Tables for pricing, balance of line, percentage of discount, list price, extended price (Attachment required)
Exhibit A from Attachment A must be submitted with response. (Attachment required)
Exhibit F from Attachment A must be submitted with response. (Attachment required)
Exhibit G from Attachment A must be submitted with response. (Attachment required)
Bid Attributes
1 Bidder Requirements
I acknowledge reading and understanding the NU Bidder Requirements attachment.

All bids must be received by the system before the bid deadline. It is the responsibility of the bidder to allow adequate time for reviewing and submitting their proposal before the deadline to ensure all required responses have been completed. The “Submission Button” in the University’s eBid system will be inoperable when the deadline for submission for eBids has ended. Incomplete bids will be rejected by the system.

Bidder Requirements Attachment
(Required: Check if applicable)
2 Bid Terms and Conditions
I acknowledge reading and understanding the Bid Terms and Conditions attachment.

Bid Terms and Conditions Attachment
(Required: Check if applicable)
3 Site Terms & Conditions
Bidder acknowledges to having read and understand eBid Terms and Conditions of Access and Use.

(Required: Check if applicable)

Page 4 of 26 ends

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 4 Public Information
Bids submitted to the University of Nebraska (NU) are presumed to be public records. If bids contain trade secrets, academic or scientific research work in progress and unpublished, or other proprietary or commercial information which if released would give advantage to business competitors and serve no public purpose, it is the responsibility of the bidder to designate such content as confidential. When bids are opened to determine a successful bidder, all bids will be available for public inspection. Portions of bids designated by the bidder as confidential will be withheld from public inspection. Any reasonably segregable portion of the bid that is not designated as confidential shall be provided for public inspection after deletion of the portion or portions of the bid which may be withheld. Price terms appearing in bids or proposals, invoices, purchase orders or other documents calling for the expenditure of public funds may not be designated as confidential or withheld from public inspection.

A bidder shall be solely responsible for providing the defense to any challenge to a decision to withhold information contained in a proposal, based upon bidder’s identification of the information as confidential.

A bidder must submit any confidential material, as defined above, as a “separate” and “redacted” attachment with their response in the NU eBid system. This attachment must be clearly marked/identified as “Confidential”.

Public Information
(Required: Check if applicable)
5 Scope of Work
I have carefully examined the Scope of Work attachment and I fully understand the type and quality of the product(s) and/or service(s) sought by NU and hereby propose to supply such at the prices stated and in accordance with this bid.

Scope of Work Attachment
(Required: Check if applicable)
6 Bid Responses
Unless a response specifically requests an attachment I shall make every effort to provide answers in the spaces available within each bid tab. Furthermore I understand that by not doing so this may disqualify my proposal as submitted.

Bid Responses
(Required: Check if applicable)
7 Audited Financial Statements
The bidder shall, upon request, provide NU with audited financial statements and that of any parent or holding company for the three most recent fiscal years. Demonstrated financial ability and stability to ensure performance under any contract awarded is of extreme importance to the evaluation process. Without stating specific reasons, the University may reject or refuse to further evaluate any proposal based on the exercise of its judgment in its sole discretion that the financial position presented in a proposal lacks the qualities that NU deems necessary to the success of the project. Entities unable to meet the requirements set forth in this paragraph may provide other information or guaranties, which in the discretion of NU, meet its concerns regarding financial stability. Can you provide, if requested, three years of audited financial statements as described above? Yes
No
(Required: Check only one)

Page 5 of 26 ends

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 8 Litigation or Claims
Identify any litigation or claim brought against your company within the last seven years, which might reflect adversely on your company's professional image or ability in relation to providing the goods or services sought under this bid.

(Required: Maximum 1000 characters allowed)
9 Company Sale or Acquisition
Is your company currently for sale or involved in any transaction to expand or to become acquired by or merged with another organization? If so, please explain. Has your company been involved in any reorganization, acquisition or merger within the last two years? If so, please explain.

(Required: Maximum 1000 characters allowed)
1 0
Warranty
I warrant that all equipment and supplies offered will conform to the design, specifications, samples, or other descriptions contained in this bid, will be free from defects in workmanship and material and to the extent that I know, or have reason to know of the purpose for which the supplies are intended, will be fit and sufficient for such purpose as deemed applicable. The warranty required here under must provide all parts, equipment, transportation, technical assistance, labor and supervision necessary to correct any deficiency resulting from manufacturing defects without charge for a period of one (1) year after the date of final acceptance of all materials, equipment, and services furnished by successful bidder. Thereafter the manufacturer's standard warranty will apply.

Warranty
(Required: Check if applicable)
1 1
University System Participation
I acknowledge that in some instances, other University campuses or state agencies may wish to explore the possibility of sharing in the benefits of this bid and its resultant contract.

Univ System Participation
(Required: Check if applicable)
1 2
Non-Collusive Bid
I acknowledge that any bid responses submitted are not the result of collusion with other eligible bidders, with any employee of the State or University, and no effort has been made to preclude NU from obtaining the most advantageous response possible to this bid.

Noncollusive Bid
(Required: Check if applicable)
1 3
University Employee
I affirm that if I am an employee of the University of Nebraska, I have notified the buyer of my status as such and that this contract must be completed in accordance with Board of Regents Policy 6.2.1.12, Purchases Involving University Personnel.

Yes, I am University Employee and I acknowledge
No, I am not a University Employee
(Required: Check only one)

Page 6 of 26 ends

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 1 4
Attachments
Any response attachments must be 100MB or smaller in size per file. Please indicate whether or not you will be supplying attachments with your bid response.

Yes, attachments included
No attachments
(Required: Check only one)
1 5
Deviations/Exceptions/Bid Compliance
If you do not comply or partially comply with any terms, conditions, specifications, processes, etc. of this bid, we ask that you indicate those sections and your counter term, condition, explanation here. Failure to provide such information here indicates that you are in complete compliance with those terms, conditions, specifications as stated in this bid. Attachments can be included in your bid response, but you must indicate here that an attachment is provided. Please include any deviations/exceptions/bid compliance counter terms.

(Optional: Maximum 4000 characters allowed)
1 6
Company Profile
Describe your company (a brief history may be appropriate), its size and locations, and number of employees.

(Required: Maximum 4000 characters allowed)
1 7
Reference #1
Provide a client reference (including length and nature of service relationship, name of the contact person, title, phone number, email, and address) with whom you have or have had a comparable business relationship. Other educational institutions would be most valuable. Do NOT reference University of Nebraska or it's employees.

(Required: Maximum 4000 characters allowed)

Page 7 of 26 ends

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 1 8
Reference #2
Provide a client reference (including length and nature of service relationship, name of the contact person, title, phone number, email, and address) with whom you have or have had a comparable business relationship. Other educational institutions would be most valuable. Do NOT reference University of Nebraska or it's employees.

(Required: Maximum 4000 characters allowed)
1 9
Reference #3
Provide a client reference (including length and nature of service relationship, name of the contact person, title, phone number, email, and address) with whom you have or have had a comparable business relationship. Other educational institutions would be most valuable. Do NOT reference University of Nebraska or it's employees.

(Required: Maximum 4000 characters allowed)
2 0
Training requirements
Ability to provide primary training for each basic unit of equipment purchased. This training shall be adequate to equip a typical equipment operator in order to ensure proper operation and utilization of the equipment supplied.

Any manuals necessary to perform the required training shall be furnished by the Bidder.

NO
YES
(Required: Check only one)
2 1
Training requirements
Ability to provide a “train-the-trainer” program for the operation and use of the equipment.

NO
YES
(Required: Check only one)
2 2
Training requirements
Ability to provide training for technical staff for maintenance, troubleshooting and changing of components in need of repair.

NO
YES
(Required: Check only one)
2 3
Reporting required functionality
Respondents should have the ability to produce comprehensive management reporting specific to the University of Nebraska Department of Public Safety (UNDPS), the University of Nebraska at Omaha, and other oversight departments as needed.

NO
YES
(Required: Check only one)

Page 8 of 26 ends

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 2 4
Reporting required functionality
Ability to produce both standard and ad hoc reports.

NO
YES
(Required: Check only one)
2 5
Reporting required functionality
Ability to allow for the use of standard statistical packages so that research and analysis can take place.

NO
YES
(Required: Check only one)
2 6
Reporting required functionality
Ability to design and implement both on-line ad hoc queries and batch reporting programs as required by user.

NO
YES
(Required: Check only one)
2 7
Reporting required functionality
Ability for report generator to allow user to select data, choose fields, and create calculated fields.

NO
YES
(Required: Check only one)
2 8
Reporting required functionality
Ability to extract data to another tool, such as EXCEL or a report writer.

NO
YES
(Required: Check only one)
2 9
Hardware required functionality
Provision of a lightweight unit that must not interfere with normal police operations.

NO
YES
(Required: Check only one)
3 0
Hardware required functionality
Ability to detach camera to maximize the actual view seen by the user.

NO
YES
(Required: Check only one)
3 1
Hardware required functionality
Ability to capture audio from multiple parties of a conversation or sound/speech from a reasonable distance, not just that of the user.

NO
YES
(Required: Check only one)
3 2
Hardware required functionality
Ability to produce a recording that reflects what the officer was seeing and hearing during the event.

NO
YES
(Required: Check only one)
3 3
Hardware required functionality
Ability to provide hardware that must be user-friendly with simple activation.

NO
YES
(Required: Check only one)

Page 9 of 26 ends

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 3 4
Hardware required functionality
Ability to access the record button by officers wearing gloves while preventing unwanted activation.

NO
YES
(Required: Check only one)
3 5
Hardware required functionality
Ability for an illuminated record indicator on the unit visible to the user.

NO
YES
(Required: Check only one)
3 6
Hardware required functionality
Ability to disable the illuminated record indicator on the unit.

NO
YES
(Required: Check only one)
3 7
Hardware required functionality
Ability for pre-event recording capability with the option to disable it.

NO
YES
(Required: Check only one)
3 8
Hardware required functionality
Ability for a privacy mode (complete off) that prevents pre-event recording.

NO
YES
(Required: Check only one)
3 9
Hardware required functionality
Ability for a rechargeable battery that is end-user replaceable.

NO
YES
(Required: Check only one)
4 0
Hardware required functionality
Ability for the battery to last through a working shift of at least 12 hours.

NO
YES
(Required: Check only one)
4 1
Hardware required functionality
Ability for an internal digital storage that can accommodate multiple video recordings with the capacity to hold data for one work shift of at least 12 hours.

NO
YES
(Required: Check only one)

Page 10 of 26 ends

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 4 2
Hardware required functionality
Ability to maintain consistent audio/visual recording quality while subject to interference from the following sources:

High powered radio frequency transmissions
Other radio frequency interference (including UHF, VHF, an HF transmitters) Automobile alternator, ignition, and electrical systems Fan motors from automobile heaters and air conditioners Other patrol vehicle electrical systems to include radios, emergency lights, sirens, mobile data computers, and speed measuring devices
High voltage power line, traffic signals, neon signs, etc.

NO
YES
(Required: Check only one)
4 3
Hardware required functionality
Ability for a unit that does not generate electromagnetic interference or radiation that interferes with communications of other electronic equipment used by officers.

NO
YES
(Required: Check only one)
4 4
Hardware required functionality
Ability to operate within the range of temperatures from 0-120 degrees Fahrenheit while being exposed to humidity.

NO
YES
(Required: Check only one)
4 5
Hardware required functionality
Ability to provide a camera and lens that is equipped with auto focus, automatic exposure, and automatic white balance.

NO
YES
(Required: Check only one)
4 6
Hardware required functionality
Ability to adjust auto focus, automatic exposure, and automatic white balance at an administrative level.

NO
YES
(Required: Check only one)
4 7
Hardware required functionality
Ability to provide a camera with a minimum field of view of 40 degrees.

NO
YES
(Required: Check only one)
4 8
Hardware required functionality
Ability to sync with in car camera when emergency lights or button is activated.

NO
YES
(Required: Check only one)
4 9
Hardware required functionality
Ability for a connector tab that automatically turns the camera on if an officer draws a taser or service weapon (without manual intervention of the officer).

NO
YES
(Required: Check only one)

Page 11 of 26 ends

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 5 0
Hardware required functionality
Ability to turn on all other University of Nebraska Department of Public Safety (UNDPS) cameras that are in the immediate area and, with a Memorandum of Understanding (MOU) in place, have the ability to turn on Omaha Police Department (OPD) or Douglas County Sheriff's Office (DCSO) cameras that may also be in the area.

NO
YES
(Required: Check only one)
5 1
Hardware required functionality
Provide details and technical hardware and software specifications for any audio and visual recording and playback equipment offerings for use in interview room(s) or other designated rooms.

(Required: Maximum 4000 characters allowed)
5 2
Hardware required functionality
Provide technical and hardware requirements for audio and visual equipment for use in interview room or other designated rooms.

(Required: Maximum 4000 characters allowed)
5 3
Hardware required functionality
Provide details and technical hardware and software specifications for any audio and visual recording, storage and playback offerings for us in fleet vehicles.

(Required: Maximum 4000 characters allowed)

Page 12 of 26 ends

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 5 4
Hardware required functionality
Provide technical and hardware requirements for audio and visual equipment for use in-vehicle placement, activation of recordings, storage and playback.

(Required: Maximum 4000 characters allowed)
5 5
Software technical requirements
List operating systems and versions for which all proposed hardware, including cameras, and software ARE FULLY compatible with (i.e. Microsoft Windows10).

(Required: Maximum 1000 characters allowed)
5 6
Software technical requirements
List operating systems and versions for which all proposed hardware, including cameras, and software ARE NOT FULLY compatible with.

(Required: Maximum 1000 characters allowed)
5 7
Software technical requirements
Ability to provide a warning message when the Hard Disk Drive (HDD) fills to 95% of its capacity. If the HDD is full, then the system should stop accepting new data.

NO
YES
(Required: Check only one)
5 8
Software technical requirements
Ability to upgrade firmware/software that should be straightforward and should not require any connection to the internet.

NO
YES
(Required: Check only one)
5 9
Software technical requirements
Provide details of the security and privacy of your administrative/technical/physical security measures/solution and industry best practices you have implemented to ensure the confidentiality, integrity, and availability of the University's data.

(Required: Maximum 1000 characters allowed)

Page 13 of 26 ends

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 6 0
Software technical requirements
Describe how audit logging has been implemented in your product.

(Required: Maximum 1000 characters allowed)
6 1
Software technical requirements
Describe your products ability to manage granular role-based access controls, and the ability to grant/deny specific access to system features based on roles.

(Required: Maximum 1000 characters allowed)
6 2
Software technical requirements
Describe your products ability to apply multi-factor authentication to system logon.

(Required: Maximum 1000 characters allowed)
6 3
Software technical requirements
Ability for the cameras to self-encrypt recordings to prevent unauthorized retrieval.

NO
YES
(Required: Check only one)
6 4
Software technical requirements
If solution uses wifi, ability to connect with a modern wireless security protocol (WPA2 Enterprise, 802.1X) NO
YES
(Required: Check only one)
6 5
Portal capability requirements
Provide single sign-on to the total system, and all its component parts based on person’s role.

NO
YES
(Required: Check only one)
6 6
Portal capability requirements
Ability to customize which objects are displayed on the portal entry.

NO
YES
(Required: Check only one)
6 7
Portal capability requirements
Ability to add other applications to this portal.

NO
YES
(Required: Check only one)

Page 14 of 26 ends

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 6 8
Video requirements
Ability to ensure that the evidence is appropriate for use in court. It is desirable that the unit should record and play video and audio data in the same format – without any loss of data through compression and replay options.

NO
YES
(Required: Check only one)
6 9
Video requirements
Meets Federal/State/local laws referencing disclosure requirements. It's desirable the video/audio record and replay format is common ‘industry standard’ format and available to the vast majority of defense solicitors through university software.

NO
YES
(Required: Check only one)
7 0
Video requirements
Ability to provide a system that consists of a recording device linked to a camera and microphone.

NO
YES
(Required: Check only one)
7 1
Video requirements
Ability to record in a non-proprietary, standard file format to enable replay on domestic DVD players and computers (PCs and Macs) without conversion. The recording device should not permit the editing or deletion of recordings.

NO
YES
(Required: Check only one)
7 2
Video requirements
Ability for each recorder to have a unique serial number.

NO
YES
(Required: Check only one)
7 3
Image quality requirements
Ability to record 30 frames per second.

NO
YES
(Required: Check only one)
7 4
Image quality requirements
Ability to record at a minimum of VGA (1024 x 768) resolution.

NO
YES
(Required: Check only one)
7 5
Image quality requirements
Ability to provide quality recording, such that an individual should be recognizable up to a distance of 7m from the camera.

NO
YES
(Required: Check only one)
7 6
Method to Approach - Proposal Evaluation Criteria
Bidders responses to the following attributes will be used in the evaluation process.

Check box
(Optional: Check if applicable)
7 7
Proposal Evaluation Criteria - Method of Approach
Attributes 78-102

Page 15 of 26 ends

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 7 8
Response to National Program
a) Include a detailed response to Attachment A, Exhibit A, OMNIA Partners Response for National Cooperative contract. Responses should highlight experience, demonstrate a strong national presence, describe how offeror will educate its national sales force about the contract, describe how products and services will be distributed nationwide, include a plan for marketing the products and services nationwide, and describe how volume will be tracked and reported to OMNIA Partners.
b) The successful offeror will be required to sign Attachment A, Exhibit B, OMNIA Partners Administration Agreement. Offerors should have any reviews required to sign the document prior to submitting a response.

Offeror’s response should include any proposed exceptions to the OMNIA Partners Administration Agreement.

Check box
(Required: Check if applicable)
7 9
Attribute deleted as part of an Addendum
8 0
What is the name and current version of the product(s) being proposed (camera, hardware, and software)?

(Required: Maximum 1000 characters allowed)
8 1
How long has each product component/product suite being proposed been on the market and in production status?

(Required: Maximum 1000 characters allowed)
8 2
What are your plans for future releases of product and software?

(Required: Maximum 1000 characters allowed)
8 3
Provide a comprehensive list with descriptions and pricing of all supplemental equipment

(Required: Maximum 4000 characters allowed)
8 4
Equipment that is being bid will NOT be end of life within 3 years.

YES means greater than 3 years until end of life
NO means less than 3 years until end of life
NO
YES
(Required: Check only one)

Page 16 of 26 ends

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 8 5
Provide the University of Nebraska Department of Public Safety your proposed method of evidence storage. The Police department is open to any method evidence storage.

Provide a detailed pricing list of all components required for storage (hardware costs, rates for cloud storage, etc.)

(Required: Maximum 4000 characters allowed)
8 6
Briefly list a three-year history of software releases for the product being proposed (include dates, versions, and major enhancements for each release).

(Required: Maximum 4000 characters allowed)
8 7
Describe any umbrella portal entrance into the various modules.

(Required: Maximum 4000 characters allowed)
8 8
Provide a list of any additional software required.

(Required: Maximum 4000 characters allowed)
8 9
Provide software and licensing requirements to be included as part of this project.

(Required: Maximum 4000 characters allowed)

Page 17 of 26 ends

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 9 0
Provide the camera storage capacity.

(Required: Maximum 1000 characters allowed)
9 1
Provide the capacity of the camera memory.

(Required: Maximum 1000 characters allowed)
9 2
Provide the process to get the audio/video from the camera/laptop to the server. Is the process automated? If yes, can it be set up to be automated with a Digital Information Management System (DIMS)?

(Required: Maximum 1000 characters allowed)
9 3
Provide the minimum required memory (RAM).

(Required: Maximum 1000 characters allowed)
9 4
Provide the minimum required processor speed.

(Required: Maximum 1000 characters allowed)
9 5
Provide the minimum network speed.

(Required: Maximum 1000 characters allowed)
9 6
In terms of the overall system design, describe the aspects of control and auditing. The system should not preclude, by way of its own design, the assessment of control aspects, compliance, electronic evidence, vulnerability, and data reliability.

(Required: Maximum 4000 characters allowed)

Page 18 of 26 ends

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 9 7
Provide any standard reports with response.

Check box
(Required: Check if applicable)
9 8
Provide a detailed description of your training concept and materials?

(Required: Maximum 4000 characters allowed)
9 9
The University of Nebraska Department of Public Safety desires an aggressive implementation schedule.

Please provide your proposed implementation schedule (starting from date of contract award), state the assumptions that are implicit in your implementation timetable (University of Nebraska Department of Public Safety resources, your resources, third parties, etc.), and list the effect(s) of those assumptions not being met.

(Required: Maximum 4000 characters allowed)
1 0
0 The University of Nebraska Department of Public Safety will perform overall project management.

Describe what provisions you will make to provide a project manager for your staff who will support overall project objectives and work effectively with the University of Nebraska Department of Public Safety project manager and staff.

(Required: Maximum 4000 characters allowed)

Page 19 of 26 ends

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 1 0
1 Provide a list of all government (or comparable) installations, within the last three years, in metro areas over 250,000 in population, with contact names, positions, e-mail addresses, and telephone numbers.

(Required: Maximum 4000 characters allowed)
1 0
2 If a Bidder requires additional agreements, a copy of the proposed agreement must be included with the proposal.

Check box
(Required: Check if applicable)
1 0
3 Address current and anticipated supply chain status.

(Required: Maximum 4000 characters allowed)
1 0
4 Proposal Evaluation Criteria - Qualifications and Experience Attributes 104-107
1 0
5 Provide corporate name, corporate address, and number of years in business under current company organization.

(Required: Maximum 4000 characters allowed)

Page 20 of 26 ends

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 1 0
6 Provide type and number of employees committed to the product and support being proposed.

(Required: Maximum 4000 characters allowed)
1 0
7 Provide details for installation and activation for all products and support services proposed in connection with this response.

(Required: Maximum 4000 characters allowed)
1 0
8 Briefly describe your own project management methodology.

(Required: Maximum 4000 characters allowed)
1 0
9 Proposal Evaluation Criteria - Price Proposal
Attributes 109-122
1 1
0 Percentage discount
Please attach table to include your product line and balance of line percentage discount schedule. (EX. Body worn cameras: 10%, In vehicle equipment: 15%, Interview room equipment: 12%, Balance of line: 20%, etc.).

Please attach table to include description, list price and extended price for each proposed balance of line product.

Check box
(Required: Check if applicable)
1 1
1 Attribute deleted as part of an Addendum
1 1
2 Attribute deleted as part of an Addendum

Page 21 of 26 ends

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 1 1
3 Attribute deleted as part of an Addendum
1 1
4 Attribute deleted as part of an Addendum
1 1
5 Attribute deleted as part of an Addendum
1 1
6 Attribute deleted as part of an Addendum
1 1
7 Attribute deleted as part of an Addendum
1 1
8 Attribute deleted as part of an Addendum
1 1
9 Attribute deleted as part of an Addendum
1 2
0 Attribute deleted as part of an Addendum
1 2
1 Attribute deleted as part of an Addendum
1 2
2 Attribute deleted as part of an Addendum
1 2
3 Installation Pricing
Please attach table to include installation pricing for each product and service, to include balance of line.

Check box
(Required: Check if applicable)
1 2
4 Payment term discount
Discounts, the price(s) herein can be discounted by _______%, if payment is made within ______ days. These payment terms shall apply to all purchases and to all payment methods. (please provide response in the following example format: 2%, 30 days)

(Required: Maximum 1000 characters allowed)
1 2
5 Payment
Will payment be accepted via commercial credit card?
NO
YES
(Required: Check only one)

Page 22 of 26 ends

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 1 2
6 Payment
If yes to attribute 124, can commercial payment(s) be made online? NO
YES
(Required: Check only one)
1 2
7 Payment
If yes to attribute 124, will a third party be processing the commercial credit card payment(s)? NO
YES
(Required: Check only one)
1 2
8 Payment
If yes to attribute 124, indicate the flat fee per transaction. $
(Required: Numbers only)
1 2
9 Payment
If a commercial credit card is not currently accepted, will consideration be given to accept the card? NO
YES
(Required: Check only one)
Bid Lines
1 Body worn camera pricing
(Response required)
Quantity: 1 UOM: EA Unit Price: $ Total: $
Item Notes: Body Worn Camera, as per requirements (list price each, before discount)
Supplier Notes:

No bid
Additional notes
(Attach separate sheet)
2 Body worn camera pricing after discount
(Response required)
Quantity: 1 UOM: EA Unit Price: $ Total: $
Item Notes: Body Worn Camera, as per requirements (extended price each, after discount)
Supplier Notes:

No bid
Additional notes
(Attach separate sheet)
3 In vehicle equipment pricing
(Response required)
Quantity: 1 UOM: EA Unit Price: $ Total: $
Item Notes: In vehicle equipment (list price each, before discount) Supplier Notes:

No bid
Additional notes
(Attach separate sheet)

Page 23 of 26 ends

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 4 In vehicle equipment pricing after discount
(Response required)
Quantity: 1 UOM: EA Unit Price: $ Total: $
Item Notes: In vehicle equipment (extended price each, after discount) Supplier Notes:

No bid
Additional notes
(Attach separate sheet)
5 Interview room equipment pricing
(Response required)
Quantity: 1 UOM: EA Unit Price: $ Total: $
Item Notes: Interview room equipment (list price each, before discount) Supplier Notes:

No bid
Additional notes
(Attach separate sheet)
6 Interview room equipment pricing after discount
(Response required)
Quantity: 1 UOM: EA Unit Price: $ Total: $
Item Notes: Interview room equipment (extended price each, after discount) Supplier Notes:

No bid
Additional notes
(Attach separate sheet)
7 Software Pricing
(Response required)
Quantity: 1 UOM: EA Unit Price: $ Total: $
Item Notes: Software, as per requirements (list price each, before discount) Supplier Notes:

No bid
Additional notes
(Attach separate sheet)
8 Software pricing after discount
(Response required)
Quantity: 1 UOM: EA Unit Price: $ Total: $
Item Notes: Software, as per requirements (extended price each, after discount) Supplier Notes:

No bid
Additional notes
(Attach separate sheet)
9 Initial product training pricing
(Response required)
Quantity: 1 UOM: EA Unit Price: $ Total: $
Item Notes: Initial product training, per requirements (list price per class, before discount)
Supplier Notes:

No bid
Additional notes
(Attach separate sheet)

Page 24 of 26 ends

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 1 0
Initial product training pricing after discount
(Response required)
Quantity: 1 UOM: EA Unit Price: $ Total: $
Item Notes: Initial product training, per requirements (extended price per class, after discount)
Supplier Notes:

No bid
Additional notes
(Attach separate sheet)
1 1
Train the trainer program pricing
(Response required)
Quantity: 1 UOM: EA Unit Price: $ Total: $
Item Notes: Train the trainer program (list price per class, before discount) Supplier Notes:

No bid
Additional notes
(Attach separate sheet)
1 2
Train the trainer program pricing after discount
(Response required)
Quantity: 1 UOM: EA Unit Price: $ Total: $
Item Notes: Train the trainer program (extended price per class, after discount) Supplier Notes:

No bid
Additional notes
(Attach separate sheet)

Page 25 of 26 ends

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Supplier Information
Company Name:

Contact Name:

Address:

Phone:

Fax:

Email:

Supplier Notes

By submitting your response, you certify that you are authorized to represent and bind your company.

Print Name Signature

Page 26 of 26 ends

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

eBid # 3535-21-7200 (Body Worn Cameras and Related Products and Services)

Addendum 1
January 25, 2022
REASONS:
1) The following attributes have been edited within the “Attributes” section of eBid:
a. Attribute 23: text has been edited.
b. Attribute 78: has been edited from a “Long Text” required response to a “Checkbox” acknowledgement.
c. Former Attributes 111-122, regarding Pricing, have been removed and relocated to the “Line Item” tab within eBid.
2) Pricing response requirements have been moved to the “Line Item” tab within eBid. 3) Contractor questions answered. See file named:
“Addendum1_BodyCameraQuestionsAnswers01.25.2022” under the “Attachments” tab within eBid for a list of Bidder questions and provided answers.

Regards,
Mike Taylor
Senior Sourcing Agent
Procurement Services
985050 Nebraska Medical Center
Omaha, NE 68198-5050
[email protected]
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

INTRODUCTION

Responding bidders must either be a manufacturer or certified reseller to be considered. Certified resellers must be able to provide full range of products and services, including warranty support. The department is open to any placement of the camera, method of recording and evidence storage. Additionally, UNDPS or other departments may have necessity for in-vehicle audio/visual recordings as well as the installation of audio/visual recording equipment in designated rooms (i.e. interview, questioning rooms, etc.).

National Contract

The Board of Regents of the University of Nebraska, as the Principal Procurement Agency, defined in ATTACHMENT A, has partnered with OMNIA Partners, Public Sector (“OMNIA Partners”) to make the resultant contract (also known as the “Master Agreement” in materials distributed by OMNIA Partners) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative purchasing program. The University of Nebraska Department of Public Safety is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners (a “Participating Public Agency”) and by using the Master Agreement, any such Participating Public Agency agrees that it is registered with OMNIA Partners, whether pursuant to the terms of a Master Intergovernmental Cooperative Purchasing Agreement, a form of which is attached hereto on ATTACHMENT A, or as otherwise agreed to. ATTACHMENT A contains additional information about OMNIA Partners and the cooperative purchasing program.

OMNIA Partners is the largest and most experienced purchasing organization for public and private sector procurement.

Through the economies of scale created by OMNIA Partners public sector subsidiaries and affiliates, National IPA and U.S.

Communities, our participants now have access to more competitively solicited and publicly awarded cooperative agreements.

The lead agency contracting process continues to be the foundation on which we are founded. OMNIA Partners is proud to offer more value and resources to state and local government, higher education, K-12 education and non-profits.

OMNIA Partners provides shared services and supply chain optimization to government, education and the private sector. With corporate, pricing and sales commitments from the Supplier, OMNIA Partners provides marketing and administrative support for the Supplier that directly promotes the Supplier’s products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. Participating Public Agencies benefit from pricing based on aggregate spend and the convenience of a contract that has already been advertised and publicly competed. The Supplier benefits from a contract that generally allows Participating Public Agencies to directly purchase goods and services without the Supplier’s need to respond to additional competitive solicitations. As such, the Supplier must be able to accommodate a nationwide demand for services and to fulfill obligations as a nationwide Supplier and respond to the OMNIA Partners documents (ATTACHMENT A).

The Board of Regents of the University of Nebraska anticipates spending approximately $250,000 over the full potential Master Agreement term for Body Worn Cameras. While no minimum volume is guaranteed to the Supplier, the estimated annual volume of Body Worn Cameras purchased under the Master Agreement through OMNIA Partners is approximately $50M. This projection is based on the current annual volumes among the University of Nebraska, other Participating Public Agencies anticipated to utilize the resulting Master Agreement to be made available to them through OMNIA Partners, and volume growth into other Public Agencies through a coordinated marketing approach between the Supplier and OMNIA Partners.

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

SCOPE OF WORK
A. GENERAL REQUIREMENTS

1. CURRENT PRODUCTS: All products being offered in response to this solicitation shall be in current and ongoing production, shall not be at end-of-life within 3 years of bid, shall be formally announced for general marketing purposes, shall be a model or type currently functioning in a user environment and capable of meeting or exceeding all specifications and requirements set forth in this solicitation.

2. DEFECTIVE PRODUCT: All defective products shall be replaced and exchanged by the Bidder. The cost of transportation, unpacking, inspection, re-packing, re-shipping or other like expenses shall be paid by the Bidder. All replacement products must be received by the University of Nebraska Department of Public Safety within seven (7) days of initial notification.

3. DESCRIPTIVE LITERATURE: All offers must include complete manufacturers' descriptive literature regarding the product they propose to furnish. Literature shall have sufficient detail in order to allow a complete evaluation of the offer submitted.

4. EQUIPMENT AND RECALL NOTICES: In the event of any recall notice, technical service bulletin, or other important notification affecting equipment purchased from this contract, a notice shall be sent to the Contract Representative(s). It shall be the responsibility of the bidders to ensure that all recall notices are sent directly

5. KEY PERSONNEL: It is essential that the Bidder provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this Contract. The Bidder must agree to assign specific individuals to the key positions. The Bidder agrees that, once assigned to work under this Contract, key personnel shall not be removed or replaced without written notice to and subsequent concurrence by the University of Nebraska Department of Public Safety. If key personnel are not available for work under this Contract for a continuous period exceeding thirty calendar days or are expected to devote substantially less effort to the work than initially anticipated, the Bidder shall immediately notify the University of Nebraska Department of Public Safety, and shall, subject to the concurrence of the University of Nebraska, replace such personnel with personnel of substantially equal ability and qualifications.

6. SAMPLES AND DEMONSTRATIONS: The University reserves the right to determine the level of product demonstration necessary to award the Bidder(s). Product demonstrations may be conducted as part of the evaluation process. If Bidders are invited to participate in a product demonstration, they will be required to provide up to 6 units to the University of Nebraska Department of Public Safety within 7 days of notification for testing purposes. Product will be tested for up to 4 weeks. Samples shall be an exact and true representative sample of the actual product offered. Each sample shall be properly tagged or labeled with the name of the Bidder and manufacturer, the due date, and the solicitation number. Samples shall be provided at no additional costs to the University of Nebraska Department of Public Safety. Samples will be returned to the Bidder.

7. WARRANTY: Bidder shall warrant that all equipment and parts furnished in their bid/offer are newly manufactured and free from defects in material and workmanship for no less than one (1) year from the date the equipment is delivered or installed.

Warranty shall also guarantee accepted trade standards of quality, fitness for the intended uses, and conformance to promises or specified specifications. No other express or implied warranty shall eliminate the Bidder’s liability as stated herein.

8. NOT TO EXCEED PRICING: The University of Nebraska requests pricing be submitted as not to exceed pricing to include percentage discounts for all product and service offerings. Unlike fixed pricing, the Bidder can adjust submitted pricing lower if needed but, cannot exceed original pricing submitted. Bidder must allow for lower pricing to be available for similar product and service purchases.

9. SPECIAL OFFERS/PROMOTIONS: In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, Bidder may conduct sales promotions involving price reductions for a specified lesser period. Bidder may offer Participating Agencies competitive pricing which is lower than the not -to-exceed price set forth herein at any time during the Contract term and such lower pricing shall not be applied as a global price reduction under the Contract.

10. BALANCE OF LINE/COMPREHENSIVE PRODUCT OFFERING: Each Bidder awarded an item under this solicitation may offer their complete product and service offering/a balance of line for body worn cameras. Pricing for complete product Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 offering/balance of line items will be determined by a percentage discount off the Bidder’s retail price list. The pricing percentage discount offered must be entered on the Price Page in the Complete Product Offering/Balance of Line section in the bidder’s response to the Price Proposal section of the Proposal Evaluation Requirements.

11. FEDERAL FUNDING PRICING: Due to products and services potentially being used in response to an emergency or disaster recovery situation in which federal funding may be used, provide alternative pricing that does not include cost plus a percentage of cost or pricing based on time and materials; if time and materials is necessary, a ceiling price that the contract exceeds at its own risk will be needed. Products and services provided in a situation where an agency is eligible for federal funding, Bidder is subject to and must comply with all federal requirements applicable to the funding including, but not limited to the FEMA Special Conditions section located in the Federal Funds Certifications Exhibit.

12. PRICING DISCOUNT: The discount proposed shall remain the same throughout the term of the contract and at all renewal options. At a minimum, the Bidder must hold the proposed price list firm for the first 12 months after the contract award.

Although this section reflects the needs and requirements of the University of Nebraska, OMNIA Partners Participating Agencies may have different requirements. The awarded vendor will have the ability to offer their comprehensive body worn camera program nationally. The body worn camera program may include products and services associated with body worn cameras or any other product and service offerings which OMNIA Partners participants may elect to use. OMNIA Partners participants will sign a supplemental or usage agreement with the awarded vendor substantially based on the terms and conditions of the University of Nebraska contract. Participants may elect to negotiate certain terms to conform to their purchasing and contracting requirements.

Term and Renewal
The anticipated initial term of the contract is five (5) years, with three (3) additional one-year renewals upon written agreement of the parties, for an anticipated full term of eight (8) years. The Bidder shall have the right to enter local “service” agreements with Participating Public Agencies accessing the contract through OMNIA Partners, so long as the effective date of such agreement is prior to the expiration of the Master Agreement. All local agreements may have a full potential term (any combination of initial and renewal periods) not to exceed eight (8) years.

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Bidder Requirements
pg 1 rev.Dec2013

1. BIDDING PROCEDURE

1.1. All bids are subject to any special conditions set forth herein or in the applicable request for bids and will be received through the University of Nebraska- Lincoln (UNL) eBid system, until the bid closing date and time indicated for furnishing the University of Nebraska , hereinafter referred to as “ NU”, the materials, supplies, equipment or services shown in the electronic bid request (the “Bid Deadline”).

1.2. Bidders shall use the electronic bid system for submitting bids , including completion of all instructions and required fields; hard copy, fax, email or verbal responses will be rejected.

1.3. All proposals submitted, along with any exhibits, addenda or modifications, shall be the property of NU.

1.4. Each Bidder shall identify the item such Bidder will furnish by brand or manufacturer’s name and catalog numbers. Bidders shall also furnish specifications and descriptive literature if not bidding the specific manufacturer or model as listed in NU bid specifications.

1.5. Upon request, a ny person submitting a bid for a firm, corporation, or other organization must show evidence of his or her authority to bind such firm, corporation, or organization.

1.6. Bids must be received before the Bid Deadline for consideration, as per site usage Terms and Conditions.

1.7. NU may make any investigations or request any documentation deemed necessary to evaluate the ability of the Bidder to perform the specifications of this bid. The Bidder shall furnish NU with pertinent information and data upon request. NU reserves the right in its sole discretion to reject any bid based on the facts resulting from an investigation which indicate that a Bidder : (a) is not properly qualified to carry out the obligations of any contract awarded; or (b) presents a public image not in keeping with the professional standards and reputation which NU expects. Conditional bids will not be accepted.

1.8. Any applicable critical dates will be included in the electronic bid request.

1.8.1. A preliminary pre-bid conference may be indicated. If the conference is mandatory, then any entity wishing to preserve its ability to bid must be represented and will be required to register at the meeting.

Persons planning to attend a preliminary conference should contact UNL Pro curement Services (at 402-472-2126) no later than twenty -four (24) hours prior to the pre -bid conference, unle ss otherwise stated, in order that adequate meeting space is reserved.

Persons planning to attend a preliminary conference are strongly encourage d to direct any questions they have about the bid to the attention of the Procurement Contact, such questions are to be in writing and be delivered via fax (402- 472-2246) or email ([email protected]) , no later than forty-eight (48) hours prior to the pre-bid conference, unless otherwise stated

1.8.2. Any bid may be withdrawn by the Bidder prior to the Bid Deadline. Unless otherwise stated in this bid, no response may be rescinded within ninety (90) days following the scheduled opening of proposals without the approval of the Director of Procurement Services.

1.8.3. Any bid may be edited by the Bidder , unless otherwise stated, prior to the Bid Deadline . In order to make changes a Bidder must retract their bid, which will remove it from consideration and then resubmit after modifications have been made.

1.9. It is the responsibility of each Bidder to become familiar with the project requirements. Lack of knowledge concerning the project requirements will not relieve Bidders of the conditions required as responsive to this bid.

1.10. The Bidders and public are invited, but not required, to attend the opening of bids. At the opening, prices will be displayed electronically and/or read aloud to the public. The pricing is also available for viewing on- line after such opening of bids . No decisions related to an award of a contract or purchase order will be made at the opening.

2. BID BOND, if required

2.1. A Bid Bond, as a guarantee of good faith, in the form of a certified check, cashier's check, or bid bond (a “Bid Bond”), may be required to be submitted with this bidding document, as indicated on the bid.

2.2. A Bid bond shall be in the amount specified on the bid. The bid security must be scanned and attached to the “Response Attachments” section. The original Bid Bond should then be sent or delivered to the office of the Procurement Services, 1700 Y Street, Lincoln, NE 68588- 0645 within three (3) business days after the Bid Deadline.

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Bidder Requirements
pg 2 rev.Dec2013

2.3. If Bid Bond is not received in the office of Procurement Service s as stated above, the Bidder may be determined to be non-responsive and may be disqualified.

2.4. NU reserves the right to retain each Bid Bond until 45 calendar days after the Bid Deadline or until the selected Bidder enters into Contract, whichever is shorter.

2.5. The Bid Bond of the selected Bidder shall be retained until NU receives executed the Owner-Contractor Agreement (the “Contract”), Owner’s Protective Bond (Performance Bond) and Certificates of Insurance.

2.6. Bid Bonds for the Bidder s not selected will be returned to the appropriate Bidder upon NU’s receipt of a written request from such Bidder.

2.7. If any Bidder refuses to enter into a Contract or fails to furnish required Performance Bonds and Certificates of Insurance within ten (10) business days following NU providing notice of the contract award, the Bid Bond shall be forfeited to NU as liquidated damages but not as penalty.

3. BIDDER’S REPRESENTATION

3.1. Each Bidder by electronic signature and by submitting a bid represents that the Bidder has read and understands the bidding documents, and the bid has been made in accordance therewith.

3.2. Each Bidder for services further represents that the Bidder has examined and is familiar with the local conditions under which the work is to be done and has correlated the observations with the requirements of the bidding documents.

4. CLARIFICATION OF BIDDING DOCUMENTS

4.1. Bidders shall promptly notify the Procurement Services Contact, as indicated in the electronic bid request, of any ambiguity, inconsistency or error which they may discover upon examination of the bidding documents.

4.2. Bidders desiring clarification or interpretation of the bidding documents for sealed bids shall make a written request which must reach the Procurement Services Contact as noted in the bidding document.

4.3. Changes made to the bidding documents will be issued electronically via addendum. All Bidder s registered for that bid prior to issuance of the addendum will be notified of the addendum. Bidder s registering after the addendum is issued will receive the bid with the addendum included.

4.4. Oral interpretations or changes to the bidding documents made in any manner other than written form will not be binding on NU; and Bidders shall not rely upon such interpretations or changes.

5. ADDENDA

5.1. Addenda are instruments issued by NU prior to the Bid Deadline which modify or interpret the bidding document by addition, deletion, clarification or correction.

5.2. Addenda notifications will be made available to all registered Bidders immediately via e-mail for inspection on-line. No addenda will be issued later than forty -eight (48) hours prior to the Bid Deadline , except an addendum withdrawing the invitation to bid, or an addendum which includes postponement of the bid.

5.3. All Bidders are solely responsible for providing their correct email addresses and updating such addresses in their eBid profile for any response to inquiries. NU is not responsible for lost or undeliverable responses.

6. BID EVALUATION AND AWARD

6.1. The electronic signature shall be considered an offer on the part of the Bidder . Such offer shall be deemed accepted upon issuance , by NU, of purchase orders, contract award notifications, or other documents appropriate to the work.

6.2. No bid shall be modified or withdrawn for a period of ninety (90) calendar days after the Bid Deadline, and each Bidder so agrees in submitting the bid.

6.3. In case of a discrepancy between the unit prices and their extensions, the unit prices shall govern.

6.4. The bid will be awarded to the lowest responsible, responsive Bidder whose bid will be most advantageous to NU, and as NU deems will best serve the requirements and interests of NU.

6.5. A tie bid occurs when two or more bids are received with the same unit price and are of equal quality. In accordance with the provisions of Neb. Rev. Stat., § 73 -101.01, when a University contract is to be awarded to the lowest possible Bidder, a resident Bidder shall be allowed a preference over a non-resident Bidder from a state which gives or requires a preference to Bidder s from that state. Reference: Board of Regent Policy RP -6.2.1.10 Resident Bidder Preference. Tie bids involving two or more Nebraska Bidder s will be resolved by a witnessed, coin toss.

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Bidder Requirements
pg 3 rev.Dec2013

6.6. NU reserves the right to accept or reject any or all bids; to request rebids; to award bids item -by-item, with or without alternates, by groups or “lump sum”; to wave minor irregularities in bids; all as shall best serve the requirements and interests of NU.

6.7. In order to determine if the Bidder has the experience, qualifications, resources and necessary attributes to provide quality workmanship, materials and management require d by the plans and specifications, the Bidder may be required to complete and submit additional information as deemed necessary by NU. Failure to provide the information requested to make this determination may be grounds to declare such Bidder non-responsive and may result in disqualification.

6.8. NU reserves the right to waive any irregularity or other requirement, which it deems does not materially affect the selection process. Factors that may be considered include , but are not limited to, clarity and responsiveness, conformity with bid specifications, cost effectiveness, design, delivery, installation, the specific needs of the NU community, Bidder’s reputation and/or past performance, quality of goods and/or services offered to NU, technical performance, installation, and ability to expand with NU’s needs. NU reserves the right to reject any irregular bids that contain unauthorized additions, conditions, alternate bids, or irregularities that make the bid incomplete, indefinite or ambiguous

6.9. University System Participation: O ther University campuses or state agencies may wish to explore the possibility of sharing in the benefits of the RFP and its resultant contract.

6.10. Submissions will be evaluated, and the contract, if any, awarded and performed in compliance with all relevant UNL policies.

6.11. No representative of a Bidder should directly or indirectly contact any member of the evaluation committee, or any faculty or staff member concerning this bid, unless permission is explicitly given to the Bidder by the Director of Procurement Services, for the purposes of providing additional information or facilitating the evaluation. Any attempt by a Bidder to contact a member of the evaluation committee or any other faculty or staff member about this bid without proper authorization can lead to disqualification.

6.12. NU reserves the right to request additional information from a Bidder in any format which NU deems necessary to evaluate the proposals, including formal Q & A or meetings and presentations. The evaluation may include subjective assessment of the proposal materials, including factors not listed specifically in this bid.

6.13. Bidders may be required to submit samples of any item or product offered in response to thi s bid. Each sample must be clearly identified with the name of the Bidder , name of the manufacturer, or other information, if requested, relevant to the evaluation of the sample.

6.14. NU reserves the right to conduct discussions and negotiations with any or all respondents to this bid , concerning any element of or response to this bid, for the purpose of clarification and modification.

Discussion and negotiation may include, but is not limited to, the scope of work, design, schedule and price.

6.15. Upon completion of the evaluation process, Bidders will be notified via email or by the award being posted on the eBid system, of the identity of the successful Bidder. Bidders are responsible for checking the eBid system for all updates . If for any reason, NU and the successful Bidder fail to finalize a contract, NU reserves the right to attempt to enter into a contract with the next most responsive Bidder(s), based on evaluation results.

6.16. NU reserves the right to reject all proposals received and discontinue the evaluation and selection process at any time. NU also reserves the right to re-solicit proposals in response to this bid or any amendment to this bid. If no responsive bids are received, NU reserves the right to negotiate with any firm in order to substantially fulfill the bid under such terms and conditions as NU deems best serve its needs.

7. EXECUTION OF AGREEMENT

7.1. Depending on the type of service or commodity provided, one of the following methods will be employed.

7.1.1. Purchase Order, unless otherwise noted

7.1.1.1. This contract shall consist of a NU Purchase Order.

7.1.1.2. A copy of the Bidder ’s bid response (or referenced bid number) shall be attached to the Purchase Order, which in all particulars becomes the contract between NU and Bidder and both parties thereby accept and agree to the terms and conditions of said bid documents.

7.1.2. Contract, unless otherwise noted

7.1.2.1. NU will furnish copies of a Contract to the successful Bidder who shall prepare attachments as required. Insurance as evidenced by a Certificate of Insurance (as required), surety bonds properly executed (as required), and Contract signed and dated.

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Bidder Requirements
pg 4 rev.Dec2013

7.1.2.2. The prepared documents shall be returned to UNL Procurement Services within ten (10) business days, (unless otherwise noted).

7.1.2.3. NU will sign and date the Contract. Upon approval and signature, NU will return one copy to the successful Bidder.

8. MISCELLANEOUS

8.1. Exceptions: Any exceptions with respect to any requirement of this bid must be specified in writing as part of the submitted proposal. Specific reference must be made to the paragraph numbers and other identifying criteria with respect to any exceptions proposed by the Bidder. Generally, NU will not look favorably upon the request for any exceptions. However, NU recognizes that in certain instances, an exception may be appropriate, and therefore, will consider and reserves the right to grant exceptions when NU deems such exceptions promote NU’s best interests. Conditional bids will not be considered.

8.2. Cost of Preparation : NU will not be responsible for any costs incurred in preparation of any element the Bidder’s proposal.

8.3. Negotiations: NU reserves the right to conduct discussions and negotiations with any or all respondents to this bid, concerning any element of or response to this bid, for the purpose of clarification and modification. Discussion and negotiation may include, but is not limited to, the scope of work, design, schedule and price.

8.4. Public Information: Bids submitted to the University are presumed to be public records. If bids contain trade secrets, academic or scientific research work in progress and unpublished, or other proprietary or commercial information which if released would give advantage to b usiness competitors and serve no public purpose, it is the responsibility of the bidder to designate such content as confidential. When bids are opened to determine a successful bidder, all bids will be available for public inspection. Portions of bids d esignated by the bidder as confidential will be withheld from public inspection. Any reasonably segregable portion of the bid that is not designated as confidential shall be provided for public inspection after deletion of the portion or portions of the bid which may be withheld. Price terms appearing in bids or proposals, invoices, purchase orders or other documents calling for the expenditure of public funds may not be designated as confidential or withheld from public inspection.

8.4.1. A bidder shall be solely responsible for providing the defense to any challenge to a decision to withhold information contained in a proposal, based upon bidder’s identification of the information as confidential.

8.4.2. A bidder must submit confidential material in a separate sealed package within the sealed bid package. If the bid is on the UNL eBID system, confidential material must be in a separate attachment marked “Confidential”.

8.5. Board of Regents Approval : In certain instances, the Bylaws and Policies of the Board of Regents of the University of Nebraska (the “Board”) require that the Board approve the award of a contract. Bidders shall be notified if the Board approval is required. In such cases, no contract or award shall be enforceable absent the Board’s approval.

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 rev. April 2020 pg 1

BID TERMS AND CONDITIONS The information contained in this section is a partial listing of standard terms commonly appearing in contracts awarded by University of Nebraska (NU). All proposals are subject to these terms, unless otherwise explicitly stated. 1. General: The specifications, terms, and conditions set forth in this bid and any related award document shall be incorporated by reference, without Bidder exception, into any resulting contract between the University and the successful Bidder. Any additional or different terms proposed by the successful Bidder are not accepted, unless the same are expressly accepted in writing by NU. The contract may not be changed in any way except by an instrument in writing signed by both parties. The contract cancels and supersedes any prior understandings or agreements between the parties with respect to the subject matter hereof. Failure of any party to enforce its rights under the contract shall not constitute a waiver of such rights or of any other rights under the contract. 2. Termination for Cause: NU may terminate the contract at any time if the successful Bidder fails to carry out its terms or fails to make substantial progress toward the fulfillment of those terms. In such an event, NU shall provide the successful Bidder with a thirty (30) day written notice of the terms in breach. If after such notice, the successful Bidder fails to remedy the breach within those 30 days, NU may immediately cancel the contract. 3. Contract Assignment: Contracts granted pursuant to this bid shall not be transferred or assigned without prior written consent of NU. 4. Indemnity, General and Patent: The successful Bidder shall indemnify and save harmless NU and its respective officers, agents and employees from and against any and all liabilities and losses whatsoever, including without limitation, costs and expenses in connection therewith, on account of, or by reason of, injury to or death of, any person whosoever, or loss of or damage to any property whatsoever, suffered or sustained in the case of, or in connection with, the performance of the contract, except for that liability and loss arising from the acts or omissions of NU or its agents. With respect to anything provided to NU by the Bidder pursuant to this bid, the Bidder shall indemnify the University and its respective officers, agents and employees against liability, including costs and attorney's fees for infringement of any United States patent, copyright, trade infringement or other intellectual property right arising out of the manufacture, delivery and use of such by NU. 5. Governing Law; Venue: The laws of the State of Nebraska shall govern any contract awarded to the successful Bidder. Any dispute arising under any contract awarded, which is not settled by agreement of the parties, shall be resolved in forums (except for applicable federal appellate courts) located in the State of Nebraska. 6. Force Majeure: Neither party to the contract shall be liable to the other for damages for any delay in performance directly arising out of causes beyond its reasonable control and without its fault or negligence, including without limitation: (1) fire, flood or water damage, elements of nature or other acts of God, including any of the foregoing that are harmful to electronic circuitry; (2) outbreak or escalation of hostilities, war, riots, or civil disorders in any country; (3) act or omission of the other party or any governmental authority, (4) labor disputes (whether or not the employees’ demands are reasonable or within the party’s power to satisfy), (5) non-performance by a third party (including any voice or data telecommunications common carrier), (6) failures or fluctuations in telephone, computer or other telecommunications equipment or lines or other equipment, (7) the real, potential, or credible threat of terrorist activity, or (8) a health emergency (e.g. serious outbreak of contagious disease such as a influenza pandemic) which in the judgment of NU poses a serious threat to the public health. In the case of any such excusable delay, the non-performing party will be excused from performance of any affected obligation only for so long as the cause of the excusable Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 rev. April 2020 pg 2

BID TERMS AND CONDITIONS delay prevails and such party continues to use commercially reasonable efforts to re-commence performance of its obligations as soon as possible; provided however, that the parties may mutually agree that such excusable delay is cause to cancel the contract in its entirety, in which case neither party shall be liable to the other for any further performance in relation obligations arising after cancellation. 7. Compliance with Laws and Regulations; Gramm Leach Bliley; University of Nebraska Policies: This contract must comply with all applicable federal, state and local laws, specifically including all laws and regulations related to the protection and security of any personal information gathered by the successful Bidder, such as the Gramm Leach Bliley Act implemented at the University of Nebraska by Presidential Executive Memorandum No. 26 which requires specific vendor contract provisions; and all other applicable policies of the University of Nebraska. Bidder agrees to indemnify NU against any loss, cost, liability, or damage by reason of Bidder’s violation of any applicable law or regulation. Any successful Bidder must be qualified to conduct the business necessary to the performance of the contract in the State of Nebraska throughout the duration of the contract term or any renewal thereof. The successful Bidder shall obtain, at its own cost and expense, all necessary licenses, professional certifications and permits and shall assume the responsibility for and pay all applicable fees and all other taxes, which are now or may be imposed in the future by any governmental authority arising out of the conduct of Bidder’s business. 8. Sexual Harassment: State and federal law, as well as the policies of the Board of Regents of the University of Nebraska, prohibit sexual harassment of members of the NU community. Sexual harassment includes any unwelcome sexual advance, any request for a sexual favor, or any other verbal or physical conduct of a sexual nature that is so pervasive as to create a hostile or offensive environment. NU contractors, subcontractors and suppliers for this project are required to exercise control over their employees so as to prohibit acts of sexual harassment of NU employees, students and other members of the NU community. The employer of any person who NU, in its reasonable judgment, determines has committed an act of sexual harassment agrees as a term and condition of any contract awarded hereunder to cause such person to be removed from the project site and from NU premises and to take such other action as may be reasonably necessary to cause the sexual harassment to cease. 9. Drug Free Workplace: The successful Bidder agrees that in the performance of this contract, neither the Bidder nor any of its employees shall engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity covered by the contract. NU reserves the right to request a copy of the Bidder’s Drug Free Workplace Policy. The Bidder further agrees to insert a provision similar to this statement in all subcontracts or services required in response to this bid. 10. Weapons Policy: Possession of dangerous weapons (concealed or unconcealed) on NU property, on the work site, in NU vehicles, or in personal vehicles when on NU property shall be a violation of NU policy. (A dangerous weapon shall include guns, knives, explosives, or any other device as determined by NU, which in the manner used or intended is capable of producing death or bodily injury. Devices authorized by the Vice Chancellor for Business and Finance and/or provided to its employees for the purpose of carrying out work responsibilities shall not be deemed dangerous weapons for the purpose of this policy.) Violations of this policy shall make the offender subject to appropriate disciplinary action. Should NU in its reasonable judgment determine that the Bidder or its employee or agent has committed an act in violation of this policy, the Bidder agrees as a term and condition of the contract awarded hereunder to cause such person and weapon to be removed from the project site and from NU premises and to take such other action as may be reasonably necessary to ensure compliance with this weapons policy. 11. Equal Opportunity in Procurement and Contracts: Service Provider shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability or veteran status.

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 rev. April 2020 pg 3

BID TERMS AND CONDITIONS Accordingly, the University of Nebraska reaffirms its policy of providing equal opportunity to small business enterprises and to minority, disadvantaged and women owned business enterprises in all aspects of the University of Nebraska’s procurement and contracting activities. This includes procurement of contracts for operational supplies and equipment, construction projects and materials, service contracts and License agreements. 12. Proprietary Information; Confidential Employee Information; HIPAA; FERPA: It is to be expected that the parties to the contract may find it necessary to reveal certain proprietary information to each other. The contract may, when proprietary information is exchanged, include certain provisions to mutually protect against the use and disclosure of the proprietary information of each party. In the unusual circumstance that the contract should result in the sharing of employee information protected by the law or University of Nebraska policy, information protected by the Health Insurance Portability and Accountability Act, information protected by the Family Educational Rights and Privacy Act of 1974, or any other information deemed confidential and protected by the law, the parties to the contract agree to maintain the confidentiality of such information to the extent and manner required by the law and University policy. 13. Subcontractors: The successful Bidder shall not subcontract all or substantially all of any facet of the proposed goods or services without the prior written approval of NU. The successful Bidder shall be fully responsible for the acts and omissions of its subcontractors and of the persons directly or indirectly employed by them. Every subcontractor shall be bound by the terms of any contract awarded under this bid; provided however, that no contractual relationship shall exist between any subcontractor and NU, unless it is evidenced in a separate contract independent of the contract with the successful Bidder. 14. Legislative Funding Out Clause: Notwithstanding any provision in the contract to the contrary, if the legislative body appropriating funds, does not allocate sufficient funds to allow NU to make any periodic payment agreed to in the contract for any future fiscal period, NU will not be obligated to pay the contract balance remaining at the time of the governmental funding short-fall. 15. Parking: NU shall not be responsible for providing parking for successful Bidder’s parking needs. The successful Bidder and/or its employees and agents will be solely responsible for any fines resulting from parking violations occurring on NU property. It is recommended that the successful Bidder and any temporary employees contact the Parking and Transit Services at Stadium Drive Parking Garage, Lincoln, Nebraska, phone (402) 472-1800 to obtain information regarding parking and to obtain permits. 16. Building Rules and Regulations; Tobacco Use: Employees of the successful Bidder and any subcontractors shall comply with all NU rules and regulations pertaining to conduct in NU’s facilities. NU reserves the right to request the removal or replacement of any Bidder or subcontractor employee who fails to comply with such rules and regulations. All buildings and University owned vehicles on the NU campus are tobacco-free. Use of tobacco products is not permitted inside any NU facility. The successful Bidder is expected to respect this tobacco-free policy and fully comply with it. 17. Use of Premises: To the extent that any contract awarded requires the successful Bidder or its employees or agents to be present on or within NU’s properties, then the Bidder shall limit its presence and activities to such areas as are reasonably necessary in order to perform under the contract. The successful Bidder shall take such Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 rev. April 2020 pg 4

BID TERMS AND CONDITIONS precautions as are required to avoid damage to buildings, facilities, utilities, ground resources, trees and landscape amenities, and other properties adjacent to the Bidder’s activities within the scope of the contract and agrees to be responsible and/or carry out any repairs for which it is liable, as a result of its performance under the contract. 18. Hazardous Waste: Any hazardous waste that is generated from the performance of any contract awarded shall be properly disposed of by the successful Bidder in a timely fashion and in accordance with applicable hazardous waste laws and regulations. The cost for hazardous waste management and disposal is successful Bidder’s responsibility. Should NU deem it prudent to dispose of any hazardous waste left on its property, as a result of the successful Bidder’s failure to meet its responsibilities, all costs associated with such disposal shall be deducted from any amount yet to be paid to the Bidder and/or billed to the Bidder. University Environmental Health Services is to be notified of all hazardous waste issues. Any non-hazardous waste generated in the performance of this contract must be disposed of off campus by the successful Bidder. 19. Delivery; F.O.B.; Shipping: The successful Bidder shall bear all costs of transportation, packing, crating, delivery, installation, storage, and service under warranty for any goods or related services, delivered pursuant to the contract. The successful Bidder shall be responsible for and make delivery, including costs of delivery, cartage, temporary storage, off-loading costs, and insurance, F.O.B. destination as indicated in the Event Details tab. Unless otherwise specified, all shipments will utilize best commercial practices to insure safe arrival at the NU delivery point. 20. Quantity: With respect to the quantity of any good purchased under the contract, NU need not accept any variation in quantity except as specified in the contract. Over-shipments may be returned to the Bidder at the Bidder’s expense, which shall include a reasonable cost for NU handling, or may be retained by NU at no increase in price. 21. Inspection: NU may, at any time in the course of the contract, inspect and test materials and supplies being used in the performance of the contract, including at the point of manufacture. If inspection and tests are made on contractor's premises, successful Bidder without additional charge, shall provide reasonable facilities and assistance for the safety and convenience of the testing/inspection personnel. Except as otherwise agreed in writing, all goods, equipment and supplies furnished under the contract shall be subject to final inspection and acceptance by NU at the delivery destination. 22. Defective Goods or Work: NU, notwithstanding any prior acceptance, at its option, may reject or require prompt correction (in place or elsewhere) of any goods, equipment, supplies, or other work, which are defective in material or workmanship or otherwise fail to meet the requirements of the contract. All supplies furnished under the contract shall be subject to inspection at F.O.B. destination, and successful Bidder shall be given notice of any defects, other than latent defects, within a reasonable time after receipt of the goods, equipment, and supplies, along with all records of delivery. NU may, in addition to any rights it may have by law, prepare for shipment and ship the defective goods, equipment, and supplies to the successful Bidder, require the successful Bidder to remove them, or direct a correction in place. The expense of any such remedy shall be borne by the successful Bidder, including any excess cost. 23. Liens: Successful Bidder warrants that it has title to any goods delivered under the contract and shall deliver same free of all liens, claims, and encumbrances.

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 rev. April 2020 pg 5

BID TERMS AND CONDITIONS 24. Federal, State and Local Sales Taxes; Federal Excise Taxes: Purchases made by the University of Nebraska are exempt from the payment of State Sales and Use Taxes and Federal Excise Taxes. Certification of these exemptions will be provided to the successful Bidder upon request. 25. Ambiguities: Should the successful Bidder perceive an ambiguity in the contract, the successful Bidder shall request an interpretation from NU before proceeding. If a successful Bidder fails to make such a request, failure to perform with respect to the alleged ambiguity shall not be excused. 26. Recycling Policy: When purchasing products, materials, or supplies for use, the University, when making such purchases shall actively pursue the purchase of products, materials, or supplies which are manufactured or produced with at least 10% post-consumer recycled materials. This policy shall not operate when it would result in the purchase of products, materials, or supplies that are of inadequate quality, not readily available or substantially higher in cost. It is the intent of the University to continually increase the percentage produced from post-consumer recycled material, and, to increase each year the types and variety of products, materials, or supplies purchased with post-consumer recycled material. 27. Successful Bidder Identification: The successful Bidder shall cause each of its employees or any person acting on behalf of the successful Bidder, while providing goods/services to the University under the contract and working on University property, to carry identification, with photo, showing that the individual is an employee or person acting on behalf of the successful Bidder. A badge worn outside of clothing is appropriate for this purpose. Such identification shall be produced upon request of any University representative, in order to confirm that the successful Bidder’s representative is authorized to be present on University property and/or performing as authorized by the contract. Whereas campus security is of utmost importance, failure of any successful Bidder representative to produce the requisite identification upon request, shall be a material breach of the contract and shall be cause, at the discretion of the University, for immediate termination of the contract. For those who commonly wear a work uniform, such uniform shall be worn while providing the services related to the contract in order that the University may quickly and clearly identify successful Bidder’s service representatives when necessary. A uniform, however, does not take the place of a photo identification badge. 28. Legal Relationship: The successful Bidder shall under no circumstances be considered as an agent or employee of the University and shall have no right or authority to, in any manner, obligate the University to any person or company except as authorized in writing by the University. 29. Use of University Names and Logos: The successful Bidder shall not use any University name, sign, logo, symbol, etc. for any purpose, without the prior written approval of the University. Use of University brands generally requires licensing. 30. Improper Business Relationships and Conflict of Interest Prohibited: In connection with this bid, each Bidder shall ensure that no improper, unethical, or illegal relationships, or conflict of interest exists between or among the Bidders, the University and any staff and faculty, and any other party to this bid. The University reserves the right to determine the materiality of such relationships, when discovered or disclosed, whether intended or not; and to decide whether or not Bidder disqualification and/or cancellation of award shall result. Such disqualification and/or cancellation shall be at no fault or liability whatsoever to the University. 31. Electronic and Information Technology Accessibility: All electronic and information technology procurements, agreements, and contracts shall comply with Americans with Disabilities, Section 508 or the Rehabilitation Act of 1998 as amended and the Nebraska Accessibility Policy to be found at: http://www.nitc.state.ne.us/standards/accessibility/accessibility_standards.pdf.

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 rev. April 2020 pg 6

BID TERMS AND CONDITIONS 32. LB403 Compliance: The successful Bidder, on behalf of itself and any subcontractor to the Contract agrees that it shall use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska pursuant to Neb. Rev. Stat. 4-108 to 4-114 as amended. 33. Equal Opportunity Clause Certification of Non-Segregated Facilities, Executive Order 11246: This will be provided and shall be executed by the successful Bidder upon notice of award. 34. Contractor's Certificate of Insurance: Successful Bidders will be required to furnish a certificate of insurance with coverage’s to bodily injury/personal injury/liability coverage, property damage liability coverage, and workman's compensation coverage. This certificate must be on file prior to any commencement of work. It is absolutely necessary that "The Board of Regents of the University of Nebraska is listed as an additional insured" be added to the face of the certificate for all coverage except worker's compensation. The above statement must be worded in this manner. It is also absolutely necessary that “Completed Operations Coverage” must be included as part of the successful Bidders General Liability. 35. Debarment: Each Bidder certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the transaction (contract), by any governmental department or agency. If the Bidder cannot certify this statement, such Bidder must submit a written explanation for review by NU. 36. Qualified to Do Business in Nebraska: Each Bidder certifies that they are qualified to do business in Nebraska (http://www.sos.ne.gov or contact Nebraska Secretary of State, Corporations Division, State Capital 1301, Lincoln NE 68509 phone 402- 471-2554 or fax 402-471-3666). If the bidder cannot validate they are certified to do business in Nebraska they must submit a written explanation. A bidder shall be solely responsible for providing the defense to any challenge regarding their qualification to do business in the State of Nebraska. 37. LB429 Compliance: Pursuant to Nebraska’s Taxpayer Transparency Act (Neb. Rev. Stat. §84-602.01, as may be amended), as of July 1, 2014, the University of Nebraska is required to provide the Nebraska Department of Administrative Services with a copy of each contract that is a basis for an expenditure of state funds, including any documents incorporated by reference in the contract. Copies of all such contracts and documents are published by the Nebraska Department of Administrative Services at www.nebraskaspending.gov. It shall be the sole responsibility of the Contractor to notify the University of any redactions to such contracts and documents under Neb. Rev. Stat. 84-712.05(3) prior to contract execution.

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021

ATTACHMENT A
Requirements for National Cooperative Contract To Be Administered by OMNIA Partners The following documents are used in evaluating and administering national cooperative contracts and are included for Supplier’s review and response.

E
xhibit A – Response for National Cooperative Contract
Exhibit B – Administration Agreement, Example
E
xhibit C – Master Intergovernmental Cooperative Purchasing Agreement, Example Exhibit D – Principal Procurement Agency Certificate, Example Exhibit E – Contract Sales Reporting Template
Exhibit F – Federal Funds Certifications
Exhibit G – New Jersey Business Compliance
Exhibit H – Advertising Compliance Requirement
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Version August 12, 2021
Exhibit A
Response for National Cooperative Contract

1.0 Scope of National Cooperative Contract

Capitalized terms not otherwise defined herein shall have the meanings given to them in the Master Agreement or in the Administration Agreement between Supplier and OMNIA Partners.

1.1 Requirement

The University of Nebraska (hereinafter defined and referred to as “Principal Procurement Agency”), on behalf of itself and the National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners”), is requesting proposals for Body Worn Cameras . The intent of this Request for Proposal is any contract between Principal Procurement Agency and Supplier resulting from this Request for Proposal (“Master Agreement”) be made available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Publi c Agencies”), through OMNIA Partners’ cooperative purchasing program. The Principal Procurement Agency has executed a Principal Procurement Agency Certificate with OMNIA Partners, an example of which is included as Exhibit D , and has agreed to pursue the Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners as a Participating Public Agency in OMNIA Partners’ cooperative purchasing program. Registration with OMNIA Partners as a Participating Public Agency is accomplished by Public Agencies entering into a Master Intergovernmental Cooperative Purchasing Agreement, an example of which is attached as Exhibit C , and by using the Master Agreement, any such Participating Public Agency agrees that it is registered with OMNIA Partners, whether pursuant to the terms of the Master Intergovernmental Purchasing Cooperative Agreement or as otherwise agreed to. The terms and pricing established in the resulting Master Agreement between the Supplier and t he Principal Procurement Agency will be the same as that available to Participating Public Agencies through OMNIA Partners.

All transactions, purchase orders, invoices, payments etc., will occur directly between the Supplier and each Participating Publi c Agency individually, and neither OMNIA Partners, any Principal Procurement Agency nor any Participating Public Agency, including their respective agents, directors, employees or representatives, shall be liable to Supplier for any acts, liabilities, dama ges, etc. , incurred by any other Participating Public Agency. Supplier is responsible for knowing the tax laws in each state.

This Exhibit A defines the expectations for qualifying Suppliers based on OMNIA Partners’ requirements to market the resulting Master Agreement nationally to Public Agencies. Each section in this Exhibit A refers to the capabilities, requirements, obligations, and prohibitions of competing Suppliers on a national level in order to serve Participating Public Agencies through OMNIA Partners.

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Version August 12, 2021

These requirements are incorporated into and are considered an integral part of this RFP. OMNIA Partners reserves the right to determine whether to make the Master Agreement awarded by the Principal Procurement Agency available to Participating Public Agencies , in its sole and absolute discretion, and any party submitting a response to this RFP acknowledges that any award by the Principal Procurement Agency does not obligate OMNIA Partners to make the Master Agreement available to Participating Procurement Agencies.

1.2 Marketing, Sales and Administrative Support

During the term of the Master Agreement OMNI A Partners intends to provide marketing, sales , partnership development and administrative support for Supplier pursuant to this section that directly promotes the Supplier’s products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis.

OMNIA Partners will assign the Supplier a Director of Partner Development who will serve as the main point of contact for the Supplier and will be responsible for managing the overall relationship between the Supplier and OMNIA Partners. The Director of Partner Development will work with the Supplier to develop a comprehensive strategy to promote the Master Agreement and will connect the Supplier with appropri ate stakeholders within OMNIA Partners including, Sales, Marketing, Contracting, Training, and Operations & Support.

The OMNIA Partners marketing team will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through channels that may include:

A. Marketing collateral (print, electronic, email, presentations) B. Website
C. Trade shows/conferences/meetings
D. Advertising
E. Social Media

The OMNIA Partners sales teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through initiatives that may include:

A. Individual sales calls
B. Joint sales calls
C. Communications/customer service
D. Training sessions for Public Agency teams
E. Training sessions for Supplier teams

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
T
he OMNIA Partners contracting teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through:

A. S
erving as the subject matter expert for questions regarding joint powers authority and state statutes and regulations for cooperative purchasing B. Training sessions for Public Agency teams
C. Training sessions for Supplier teams
D. Regular business reviews to monitor program success
E. General contract administration
S
uppliers are required to pay an A dministrative Fee of 3% of the greater of the Contract Sales under the Master Agreement and Guaranteed Contract Sales under this Request for Proposal. Supplier will be required to execute the OMNIA Partners Administration Agreement (Exhibit B).

1.3 Estimated Volume
The dollar volume purchased under the Master Agreement is estimated to be approximately $50M annually. While no minimum volume is guaranteed to Supplier, the estimated annual volume is projected based on the current annual volumes among the Principal Procurement Agency, other Participating Public Agencies that are anticipated to utilize the
resulting Master Agreement to be made
available to them through OMNIA Part ners, and volume growth into other Public Agencies through a coordinated marketing approach between Supplier and OMNIA Partners.
1 .4 Award Basis
T
he basis of any contract award resulting from this RFP made by Principal Procurement Agency will, at OMNIA Partners’ option, be the basis of award on a national level through OMNIA Partners. If multiple Suppliers are awarded by Principal Procurement Agency under the Master Agreement, those same Suppliers will be required to extend the Master Agreement to Participating Public Agencies through OMNIA Partners. Utilization of the Master Agreement by Participating Public Agencies will be at the discretion of the individual Participating Public Agency.

Certain terms of the Master Agreement specifically applicable to the Principal Procurement Agency (e.g., governing law) are subject to modification for each Participating Public Agency as Supplier and such Participating Public Agency may agree without being in conflict with the Master Agreement as a condition of the Participating Agency’s purchase and not a modification of the Master Agreement applicable to all Participating Agencies. Participating Agencies may request to enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in the Master Agreement (e.g., governing law, invoice requirements, order requirements, specialized delivery, diversity requirements such as minority and woman owned businesses, historically underutilized business, etc.) (“Supplemental Agreement”). It shall be the Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
r
esponsibility of the Supplier to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the Participating Agency. It shall further be the responsibility of the Supplier to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of the Master Agreement and adjust wage rates accordingly. In instances where supplemental terms and conditions create add itional risk and cost for Supplier, Supplier and Participating Public Agency may negotiate additional pricing above and beyond the stated contract not -to-exceed pricing so long as the added price is commensurate with the additional cost incurred by the Supplier. Any supplemental agreement developed as a result of the Master Agreement is exclusively between the Participating Agency and the Supplier (Contract Sales are reported to OMNIA Partners).

A
ll signed Supplemental Agreements and purchase orders issued and accepted by the Supplier may survive expiration or termination of the Master Agreement. Participating Agencies’ purchase orders may exceed the term of the Master Agreement if the purchase order is issued prior to the expiration of the Master Agreement . Supplier is responsible for reporting all sales and paying the applicable Administrative Fee for sales that use the Master Agreement as the basis for the purchase order, even though Master Agreement may have expired.

1.5 Objectives of Cooperative Program
T
his RFP is intended to achieve the following objectives regarding availability through OMNIA Partners’ cooperative program:

A. P
rovide a comprehensive competitively solicited and awarded national agreement offering the Products covered by this solicitation to Participating Public Agencies; B. Establish the Master Agreement as the Supplier’s primary go to market strategy to Public Agencies nationwide;
C. Achieve cost savings for Supplier and Public Agencies through a single solicitation process that will reduce the Supplier’s need to respond to multiple solicitations and Public Agencies need to conduct their own solicitation process; D. Combine the aggregate purchasing volumes of Participating Public Agencies to achieve cost effective pricing.

2.0 REPRESENTATIONS AND COVENANTS
A
s a condition to Supplier entering into the Master Agreement, which would be available to all Public Agencies, Supplier must make certain representations, warranties and covenants to both the Principal Procurement Agency and OMNIA Partners designed to ensure the success of the Master Agreement for all Participating Public Agencies as well as the Supplier.

2.1 Corporate Commitment
S
upplier commits that (1) the Master Agreement has received all necessary corporate authorizations and support of the Supplier’s executive management, (2) the Master Agreement is Supplier's primary “go to market” strategy for Public Agencies, (3) the Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
Ma
ster Agreement will be promoted to all Public Agencies, including any existing customers, and Supplier will transition existing customers, upon their request, to the Master Agreement, and (4) that the Supplier has read and agrees to the terms and conditions of the Administration Agreement with OMNIA Partners and will execute such agreement concurrent with and as a condition of its execution of the Master Agreement with the Principal Procurement Agency. Supplier will identify an executive corporate sponsor and a separate national account man ager within the RFP response that will be responsible for the overall management of the Master Agreement.

2.2 Pricing Commitment
S
upplier commits the not -to-exceed pricing provided under the Master Agreement pricing is its lowest available (net to buyer) to Public Agencies nationwide and further commits that if a Participating Public Agency is eligible for lower pricing through a national, state, regional or local or cooperative contract, the Supplier will match such lower pricing to that Participating Public Agency under the Master Agreement.

2.3 Sales Commitment
S
upplier commits to aggressively market the Master Agreement as its go to market strategy in this defined sector and that its sales force will be trained, engaged and committed to offering the Master Agreement to Public Agencies through OMNIA Partners nationwide. Supplier commits that all Master Agreement sales will be accurately and timely reported to OMNIA Partners in accordance with the OMNIA Partners Administration Agreement. Supplier also commits its sales force will be compensated, including sales incentives, for sales to Public Agencies under the Master Agreement in a consistent or better manner compared to sales to Public Agencies if the Supplier were not awarded the Master Agreement.

3.0 SUPPLIER RESPONSE
S
upplier must supply the following information for the Principal Procurement Agency to determine Supplier’s qualifications to extend the resulting Master Agreement to Participating Public Agencies through OMNIA Partners.

3.1 Company
A. B
rief history and description of Supplier to include experience providing similar products and services.

B. Total number and location of salespersons employed by Supplier.

C. Number and location of support centers (if applicable) and location of corporate office.

D. Annual sales for the three previous fiscal years.
a. Submit FEIN and Dunn & Bradstreet report.

E. Describe any green or environmental initiatives or policies.

F. Describe any diversity programs or partners supplier does business with and how Participating Agencies may use diverse partners through the Master Agreement.

Indicate how, if at all, pricing changes when using the diversity program. If there Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
a
re any diversity programs, provide a list of diversity alliances and a copy of their certifications.

G. Indicate if supplier holds any of the below certifications in any classified areas and include proof of such certification in the response:
a. Minority Women Business Enterprise
Yes No
If yes, list certifying agency: ___________________________________ b. Small Business Enterprise (SBE) or Disadvantaged Business Enterprise (DBE)
Yes No
If yes, list certifying agency: ___________________________________ c. Historically Underutilized Business (HUB)
Yes No
If yes, list certifying agency: ___________________________________ d. Historically Underutilized Business Zone Enterprise (HUBZone) Yes No
If yes, list certifying agency: ___________________________________ e. Other recognized diversity certificate holder
Yes No
I
f yes, list certifying agency: ____________________________________ H. List any relationships with subcontractors or affiliates intended to be used when providing services and identify if subcontractors meet minority- owned standards.

If any, list which certifications subcontractors hold and certifying agency.

I. Describe how supplier differentiates itself from its competitors.

J. D
escribe any present or past litigation, bankruptcy or reorganization involving supplier.

K. Felony Conviction Notice: Indicate if the supplier
a. is a publicly held corporation and this reporting requirement is not applicable;
b. is not owned or operated by anyone who has been convicted of a felony; or c. is owned or operated by and individual(s) who has been convicted of a felony and provide the names and convictions.

L. Describe any debarment or suspension actions taken against supplier

3.2 Distribution, Logistics
A. E
ach offeror awarded an item under this solicitation may offer their complete product and service offering/a balance of line. Describe the full line of products and services offered by supplier.

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
B. D
escribe how supplier proposes to distribute the products/service nationwide.

Include any states where products and services will not be offered under the Master Agreement, including U.S. Territories and Outlying Areas.

C. D
escribe how Participating Agencies are ensured they will receive the Master Agreement pricing; include all distribution channels such as direct ordering, retail or in-store locations, through distributors, etc. Describe how Participating Agencies verify and audit pricing to ensure its compliance with the Master Agreement.

D. I
dentify all other companies that will be involved in processing, handling or shipping the products/service to the end user.

E. P
rovide the number, size and location of Supplier’s distribution facilities, warehouses and retail network as applicable.

3.3 Marketing and Sales
A. P
rovide a detailed ninety -day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as supplier ’s primary go to market strategy for Public Agencies to supplier’s teams nationwide, to include, but not limited to:
i. E
xecutive leadership endorsement and sponsorship of the award as the public sector go-to-market strategy within first 10 days ii. Training and education of Supplier’s national sales force with participation from the Supplier’s executive leadership, along with the OMNIA Partners team within first 90 days
B. P
rovide a detailed ninety -day plan beginning from award date of the Master Agreement describing the strategy to market the Master Agreement to current Participating Public Agencies, existing Publ ic Agency customers of Supplier, as well as to prospective Public Agencies nationwide immediately upon award, to include, but not limited to:
i. C
reation and distribution of a co-branded press release to trade publications ii. Announcement, Master Agreement details and contact information published on the Supplier’s website within first 90 days iii. Design, publication and distribution of co- branded marketing materials within first 90 days
iv. Commitment to attendance and participation with OMNIA Partners at national (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e.

Regional NIGP Chapter Meetings, Regional Cooperative Summits, etc.) and supplier-specific trade shows, conferences and meetings throughout the term of the Master Agreement
v. Commitment to attend, exhibit and participate at the NIGP Annual Forum in an area reserved by OMNIA Partners for partner suppliers. Booth space Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
w
ill be purchased and staffed by Supplier . In addition, Supplier commits to provide reasonable assistance to the overall promotion and marketing efforts for the NIGP Annual Forum, as directed by OMNIA Partners. vi. Design and publication of national and regional advertising in trade publications throughout the term of the Master Agreement vii. Ongoing marketing and promotion of the Master Agreement throughout its term (case studies, collateral pieces, presentations, promotions, etc.) viii. Dedicated OMNIA Partners internet web-based homepage on Supplier’s website with:
• OMNIA Partners standard logo;
• Copy of original Request for Proposal;
• Copy of Master Agreement and amendments between Principal Procurement Agency and Supplier;
• Summary of Products and pricing;
• Marketing Materials
• Electronic link to OMNIA Partners’ website including the online registration page;
• A dedicated toll- free number and email address for OMNIA Partners
C. Describe how Supplier will transition any existing Public Agency customers’ accounts to the Master Agreement available nationally through OMNIA Partners.

Include a list of current cooperative contracts (regional and national) Supplier holds and describe how the Master Agreement will be positioned among the other cooperative agreements.

D. A
cknowledge Supplier agrees to provide its logo(s) to OMNIA Partners and agrees to provide permission for reproduction of such logo in marketing communications and promotions. Acknowledge that use of OMNIA Partners logo will require permission for reproduction, as well.

E. C
onfirm Supplier will be proactive in direct sales of Supplier’s goods and services to Public Agencies nationwide and the timely follow up to leads established by OMNIA Partners. All sales materials are to use the OMNIA Partners logo. At a minimum, the Supplier’s sales initiatives should communicate:
i. Ma
ster Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency
ii. Best government pricing
iii. No cost to participate
iv. Non-exclusive
F. C
onfirm Supplier will train its national sales force on the Master Agreement. At a minimum, sales training should include:

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
i. K
ey features of Master Agreement
ii. Working knowledge of the solicitation process
iii. Awareness of the range of Public Agencies that can utilize the Master Agreement through OMNIA Partners
iv. Knowledge of benefits of the use of cooperative contracts G. P
rovide the name, title, email and phone number for the person(s), who will be responsible for:
i. E
xecutive Support
ii. Marketing
iii. Sales
iv. Sales Support
v. Financial Reporting
vi. Accounts Payable
vii. Contracts
H. D
escribe in detail how Supplier ’s national sales force is structured, including contact information for the highest-level executive in charge of the sales team.

I. E
xplain in detail how the sales teams will work with the OMNIA Partners team to implement, grow and service the national program.

I. E
xplain in detail how Supplier will manage the overall national program throughout the term of the Master Agreement, including ongoing coordination of marketing and sales efforts, timely new Participating Public Agency account set - up, timely contract administration, etc.

J. S
tate the amount of Supplier ’s Public Agency sales for the previous fiscal year.

Provide a list of Supplier ’s top 10 Public Agency customers, the total purchases for each for the previous fiscal year along with a key contact for each.

K. D
escribe Supplier’s information systems capabilities and limitations regarding order management through receipt of payment, including description of multiple platforms that may be used for any of these functions.

L. P
rovide the Contract Sales (as defined in Section 12 of the OMNIA Partners Administration Agreement) that Supplier will guarantee each year under the Master Agreement for the initial three years of the Master Agreement (“Guaranteed Contract Sales”).

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
$_______.00 i
n year one
$_______.00 in year two
$_______.00 in year three
T
o the extent Supplier guarantees minimum Contract Sales, the Administrative Fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales.

M. E
ven though it is anticipated many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances where Public Agencies will issue their own solicitations. The following options are available when responding to a solicitation for Products covered under the Master Agreement.
i. R
espond with Master Agreement pricing (Contract Sales reported to OMNIA Partners).
ii. If competitive conditions require pricing lower than the standard Master Agreement not-to-exceed pricing, Supplier may respond with lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sales to OMNIA Partners under the Master Agreement.
iii. Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to OMNIA Partners). iv. If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include Master Agreement as the alternate or additional proposal.

D
etail Supplier’s strategies under these options when responding to a solicitation.

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
E
xhibit B
Administration Agreement, Example

ADMINISTRATION AGREEMENT
THIS ADMINISTRATION AGREEMENT (this “ Agreement”) is made this ___ day of ______ 20__, between National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners”), and ________________ (“Supplier”).

RE
CITALS
W HEREAS , the ___________________ (the “ Principal Procurement Agency ”) has entered into a Master Agreement effective _________________, Agreement No_______, by and between the Principal Procurement Agency and Supplier, (as may be amended from time to time in accordance with the terms thereof, the “ Master Agreement”), as attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein, for the purchase of ____________________________ (the “Product”);
W HEREAS , said Master Agreement provides that any or all public agencies, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (collectively, “Public Agencies”), that register (either via registration on the OMNIA Partners website or execution of a Master Intergovernmental Cooperative Purchasing Agreement, attached hereto as Exhibit B ) (each, hereinafter referred to as a “Participating Public Agency”) may purchase Product at prices stated in the Master Agreement; W
HEREAS, Participating Public Agencies may access the Master Agreement which is offered through OMNIA Partners to Public Agencies;
W
HEREAS, OMNIA Partners serves as the cooperative contract administrator of the Master Agreement on behalf of Principal Procurement Agency;
W
HEREAS, Principal Procurement Agency desires OMNIA Partners to proceed with administration of the Master Agreement; and
W
HEREAS, OMNIA Partners and Supplier desire to enter into this Agreement to make available the Master Agreement to Partici pating Public Agencies and to set forth certain terms and conditions governing the relationship between OMNIA Partners and Supplier.

NO
W, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, OMNIA Partners and Supplier hereby agree as follows:

FINITIONS

1. C
apitalized terms used in this Agreement and not otherwise defined herein shall have the meanings given to them in the Master Agreement.

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
T

ERMS AND CONDITIONS

2. T
he Master Agreement and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. Supplier acknowledges and agrees that the covenants and agreements of Supplier set forth in the solicitation and Supplier’s response thereto resulting in the Master Agreement are incorporated herein and are an integral part hereof.

3. O
MNIA Partners shall be afforded all of the rights, privileges and indemnifications afforded to Principal Procurement Agency by or from Supplier under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to OMNIA Partners , its agents, employees, directors, and representatives under this Agreement including, but not limited to, Supplier’s obligation to obtain appropriate insurance.

4. O
MNIA Partners shall perform all of its duties, responsibilities and obligations as the cooperative contract administrator of the Master Agreement on behalf of Principal Procurement Agency as set forth herein, and Supplier hereby acknowledges and agrees that all duties, responsibilities and obligations will be undertaken by OMNIA Partners solely in its capacity as the cooperative contract administrator under the Master Agreement.

5. Wi
th respect to any purchases by Principal Procurement Agency or any Participating Public Agency pursuant to the Master Agreement, OMNIA Partners shall not be: (i) construed as a dealer, re-marketer, representative, partner or agent of any type of the Supplier, Principal Procurement Agency or any Participating Public Agency; (ii) obligated, liable or responsible for any order for Product made by Principal Procurement Agency or any Participating Public Agency or any employee thereof under the Master Agreement or for any payment required to be made with respect to such order for Product; and (iii) obligated, liable or responsible for any failure by Principal Procurement Agency or any Participating Public Agency to comply with procedures or requirements of applicable law or the Master Agreement or to obtain the due authorization and approval necessary to purchase under the Master Agreement. OMNIA Partners makes no representation or guaranty with respect to any minimum purchases by Principal Procurement Agency or any Participating Public Agency or any employee thereof under this Agreement or the Master Agreement.

6. O
MNIA Partners shall not be responsible for Supplier’s performance under the Master Agreement, and Supplier shall hold OMNIA Partners harmless from any liability that may arise from the acts or omissions of Supplier in connection with the Master Agreement.

7. Supplier acknowledges that, in connection with its access to OMNIA Partners confidential information and/or supply of data to OMNIA Partners, it has complied with and shall continue to comply with all laws, regulations and standards that may apply to Supplier, including, without limitation: (a) U nited S tates f ederal and state information security and privacy statutes, regulations and/or best practices, including, without limitation, the Gramm- Leach-Bliley Act, the Massachusetts Data Security Regulations (201 C.M.R. 17.00 et. seq.), the Nevada encryption statute (N.R.S. § 603A), the California data security law (Cal. Civil Code § 1798.80 et. seq.) and California Consumer Privacy Act (Cal. Civil Code § 1798.100 et. seq.); and (b) applicable industry and regulatory standards and best practices (collectively, “Data Regulations”).

W
ith regard to Personal Information that Supplier collects, receives, or otherwise processes under the Agreement or otherwise in connection with performance of the Agreement, Supplier agrees that it will not: (i) sell, rent, release, disclose, disseminate, make available, transfer, or otherwise Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
communicate orally, in writing, or by electronic or other means, such Personal Information to another business or third party for monetary or other valuable consideration; or (ii) retain, use, or disclose such Personal Information outside of the direct business relationship betwe en Supplier and OMNIA Partners or for any purpose other than for the specific purpose of perform ance of the Agreement, including retaining, using, or disclosing such Personal Information for a commercial purpose other than for performance of the Agreement . By entering into the Agreement, Supplier certifies that it understands the specific restrictions contained in this Section 7 and will comply with them. For purposes hereof, “Personal Information” means information that identifies, relates to, describes, i s reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, and includes the specific elements of “personal information” as defined under Data Regulations, as defined herein . Supplier will reasonably assist OMNIA Partners in timely responding to any third party “request to know” or “request to delete” (as defined pursuant to Data Regulations) and will promptly provide OMNIA Partners with information reasonably necessary for O MNIA Partners to respond to such requests. Where Supplier collects Personal Information directly from Public Agencies or others on OMNIA Partners ’ behalf, Supplier will maintain records and the means necessary to enable OMNIA Partners to respond to such requests to know and requests to delete.
8 . WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OMNIA

PARTNERS EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING OMNIA PARTNERS’ PERFORMANCE AS A CONTRACT ADMINISTRATOR OF THE MASTER AGREEMENT. OMNIA PARTNERS SHALL NOT BE

LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL,

EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF OMNIA PARTNERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TER
M OF AGREEMENT; TERMINATION
9 . This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the provisions of Sections 3 – 8 and 11 – 22, hereof and the indemnifications afforded by the Supplier to OMNIA Partners in the Master Agreement, to the extent such provisions survive any expiration or termination of the Master Agreement, shall survive the expiration or termination of this Agreement.

NAT

IONAL PROMOTION
10 . OMNIA Partners and Supplier shall publicize and promote the availability of the Master Agreement’s products and services to Public Agencies and such agencies’ employees.

Supplier shall require each Public Agency to register its participation in the OMNIA Partners program by either registering on the OMNIA Partners website ( www.omniapartners.com/publicsector ) or
executing a Master Intergovernmental Cooperative Purchasing Agreement prior to processing the Participating Public Agency’s first sales order. Upon request, Supplie r shall make available to interested Public Agencies a copy of the Master Agreement and such price lists or quotes as may be necessary for such Public Agencies to evaluate potential purchases. 1 1. Supplier shall provide such marketing and administrative support as set forth in the solicitation resulting in the Master Agreement, including assisting in development of marketing materials as reasonably requested by Principal Procurement Agency and OMNIA Partners. Supplier shall be responsible for obtaining permission or license of use and payment of any license fees for all content and images Supplier provides to OMNIA Partners or posts on the OMNIA Partners website.

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Supplier shall indemnify, defend and hold harmless OMNIA Partners for use of all such content and images including copyright infringement claims. Supplier and OMNIA Partners each hereby grant to the other party a limited, revocable, non-transferable, non-sublicensable right to use such party’s logo (each, the “Logo”) solely for use in marketing the Master Agreement. Each party shall provide the other party with the standard terms of use of such party’s Logo, and such party shall comply with such terms in all material respects. Both parties shall obtain approval from the other party prior to use of such party’s Logo. Notwithstanding the foregoing, the parties understand and agree that except as provided herein neither party shall have any right, title or interest in the other party’s Logo. Upon termination of this Agreement, each party shall immediately cease use of the other party’s Logo.

ADMINISTRATIVE FEE, REPORTING & PAYMENT

12. An “Administrative Fee” shall be defined and due to OMNIA Partners from Supplier in the amount of three percent (3%) (“Administrative Fee Percentage”) multiplied by the total purchase amount paid to Supplier, less refunds, credits on returns, rebates and discounts, for the sale of products and/or services to Principal Procurement Agency and Participating Public Agencies pursuant to the Master Agreement (as amended f rom time to time and including any renewal thereof) (“Contract Sales”). From time to time the parties may mutu ally agr ee in writing to a lower Administrative Fee Percentage for a specifically identified Participating Public Agency’s Contract Sales.

13. Supplier shall provide OMNIA Partners with an electronic accounting report monthly, in the format prescribed by OMNIA Partners , summarizing all Contract Sales for each calendar month. The Contract Sales reporting format is provided as Exhibit C (“Contract Sales Report ”), attached hereto and incorporated herein by reference. Contract Sales Reports for each calendar month shall be provided by Supplier to OMNIA Partners by the 10th day of the following month. Failure to provide a Contract Sales Report within the time and manner specified herein shall constitute a material breach of this Agreement and if not cured within thirty (30) days of written notice to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency’s sole discretion, and/or this Agreement, at OMNIA Partners’ sole discretion.

14. Administrative Fee payments are to be paid by Supplier to OMNIA Partners at the frequency and on the due date stated in Section 13, above, for Supplier’s submission of corresponding Contract Sales Reports. Administrative Fee payments are to be made via Automated Clearing House (ACH) to the OMNIA Partners designated financial institution identified in Exhibit D. Failure to provide a payment of the A dministrative F ee within the time and manner specified herein shall constitute a material breach of this Agreement and if not cured within thirty (30) days of written notice to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency’s sole discretion, and/or this Agreement, at OMNI A Partners’ sole discretion.

All Administrative Fees not paid when due shall bear interest at a rate equal to the lesser of one and one-half percent (1 1/2%) per month or the maximum rate permitted by law until paid in full.

15. Supplier shall maintain an accounting of all purchases made by Participating Public Agencies under the Master Agreement. OMNIA Partners, or its designee, in OMNIA Partners’ sole discretion, reserves the right to compare Participating Public Agency records with Contract Sales Reports submitted by Supplier for a period of four (4) years from the date OMNIA Partners receives such report. In addition, OMNIA Partners may engage a third party to conduct an independent audit of Supplier’s monthly reports. In the event of such an audit, Supplier shall provide all materials reasonably requested relating to such audit by OMNIA Partners at the location designated by OMNIA Partners. In the event an underreporting of Contract Sales and a resulting underpayment of Version August 12, 2021
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
Ad
ministrative Fees is revealed, OMNIA Partners will notify the Supplier in writing. Supplier will have thirty (30) days from the date of such notice to resolve the discrepancy to OMNIA Partn ers’ reasonable satisfaction, including payment of any Administrative Fees due and owing, together with interest thereon in accordance with Section 13, and reimbursement of OMNIA Partners’ costs and expenses related to such audit.

ENERAL PROVISIONS
1 6. This Agreement, the Master Agreement and the exhibits referenced herein supersede any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereto and no other agreement, statement, or promise r elating to the subject matter of this Agreement which is not contained or incorporated herein shall be valid or binding. In the event of any conflict between the provisions of this Agreement and the Master Agreement, as between OMNIA Partners and Supplier, the provisions of this Agreement shall prevail. 1 7. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any A dministrative Fee and accrued interest, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which it may be entitled.
18 . This Agreement and OMNIA Partners’ rights and obligations hereunder may be assigned at OMNIA Partners’ sole discretion to an affiliate of OMNIA Partners, any purchaser of any or all or substantially all of the assets of OMNIA Partners, or the successor entity as a result of a merger, reorganization, consolidation, conversion or change of control, whether by operation of l aw or otherwise. Supplier may not assign its obligations hereunder without the prior written consent of OMNIA Partners.
19 . All written communications given hereunder shall be delivered by first -class mail, postage prepaid, or overnight delivery on receipt to the addresses as set forth below.

A. O
MNIA Partners:

O
MNIA Partners
Attn: President
840 Crescent Centre Drive
Suite 600
Franklin, TN 37067
B. S
upplier:
____________________
____________________
____________________
____________________
20 . If any provision of this Agreement shall be deemed to be, or shall in fact be, illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever, and this Agreement will be construed by limiting or invalidating such provision to the minimum extent necessary to make such provision valid, legal and enforceable.

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021

21. This Agreement may not be amended, changed, modified, or altered without the prior written consent of the parties hereto, and no provision of this Agreement may be discharged or waived, except by a writing signed by the parties. A waiver of any particular provision will not be deemed a waiver of any other provision, nor will a waiver given on one occasion be deemed to apply to any other occasion.
22 . This Agreement shall inure to the benefit of and shall be binding upon OMNIA Partners, the Supplier and any respective successor and assign thereto; subject, however, to the limitations contained herein.
23 . This Agreement will be construed under and governed by the laws of the State of Delaware, excluding its conflicts of law provisions and any action arising out of or related to this Agreement shall be commenced solely and exclusively in the state or federal courts in Williamson County Tennessee.
24 . This Agreement may be executed in counterparts, each of which is an original but all of which, together, shall constitute but one and the same instrument. The exchange of copies of this Agreement and of signature pages by facsimile, or by .pdf or similar electronic transmission, will constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes. Signatures of the parties transmitted by facsimile, or by .pdf or similar electronic transmission, will be deemed to be their original signatures for any purpose whatsoever.

[INSERT SUPPLIER ENTITY NAME] NATIONAL

INTERGOVERNMENTAL

PURCHASING ALLIANCE

COMPANY, A DELAWARE

CORPORATION D/B/A OMNIA

PARTNERS, PUBLIC SECTOR
Signature Signature
Sarah Vavra
Name Name
Sr. Vice President, Public Sector
Contracting
Title Title
Date Date
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 E
xhibit C
Master Intergovernmental Cooperative Purchasing Agreement, Example

MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This Master Intergovernmental Cooperative Purchasing Agreement (this “Agreement”) is entered into by and between those certain government agencies that execute a Principal Procurement Agency Certificate (“Principal Procurement Agencies ”) with National Intergovernmental Purchasing Alliance Company , a Delaware corporation d/b/a OMNIA Partners, Public Sector and/or Communities Program Management, LLC, a California limited liability company d/b/a U.S.

Communities (collectively, “OMNIA Partners”), in its capacity as the cooperative administrator, to be appended and made a part hereof and such other public agencies (“ Participating Public Agencies”) who register to participate in the cooperative purchasing programs administered by OMNIA Partners and its affiliates and subsidiaries (collectively , the “OMNIA Partners Parties”) by either registering on the OMNIA Partners website (www.omniapartners.com/publicsector or any successor website), or by executing a copy of this Agreement.

RE
CITALS
WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, in compliance with their own policies, procedures, rules and regulations, a number of suppliers have entered into “ Master Agreements” (herein so called) to p rovide a variety of goods, products and services (“ Products”) to the applicable Principal Procurement Agency and the Participating Public Agencies;
WHEREAS, Master Agreements are made available by Principal Procurement Agencies through the OMNIA Partners Parties and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable federal and/or local purchasing ordinances and the laws of the State of purchase; and WHEREAS, in addition to Master Agreements, the OMNIA Partners Parties may from time to time offer Participating Public Agencies the opportunity to acquire Products through other group purchasing agreements.

NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result, the parties hereby agree as follows:

1. Each party will facilitate the cooperative procurement of Products.

2. T
he Participating Public Agencies shall procure Products in accordance with and subject to the relevant federal, state and local statutes, ordinances, rules and regulations that govern Participating Public Agency’s procurement practices. The Participating Public Agencies hereby acknowledge and agree that it is the intent of the parties that all provisions of this Agreement and that Principal Procurement Agencies’ participation in the program described herein comply with all applicable laws, including but not limited to the requirements of 42 C.F.R. § 1001.952( j), as may be amended from time to time. The Participating Public Agencies further acknowledge and agree that they are solely responsible for their compliance with all applicable “safe harbor” regulations, including but not limited to any and all obligations to fully and accurately report discounts and incentives.

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021

3. T
he Participating Public Agency represents and warrants that the Participating Public Agency is not a hospital or other healthcare provider and is not purchasing Products on behalf of a hospital or healthcare provider; provided that the foregoing shall not prohibit Participating Public Agency from furnishing health care services so long as the furnishing of healthcare services is not in furtherance of a primary purpose of the Participating Public Agency.

4. T
he cooperative use of Master Agreements shall be in accordance with the terms and conditions of the Master Agreements, except as modification of those terms and conditions is otherwise required by applicable federal, state or local law, policies or procedures.

5. T
he Principal Procurement Agencies will make available, upon reasonable request, Master Agreement information which may assist in improving the procurement of Products by the Participating Public Agencies.

6. The Particip ating Public Agency agrees the OMNIA Partners Parties may provide access to group purchasing organization (“ GPO”) agreements directly or indirectly by enrolling the Participating Public Agency in another GPO’s purchasing program , provided that the purchase of Products through the OMNIA Partners Parties or any other GPO shall be at the Participating Public Agency’s sole discretion.

7. The Participating Public Agencies (each a “Procuring Party ”) that procure Products through any Master Agreement or GPO Product supply agreement (each a “ GPO Contract”) will make timely payments to the distributor, manufacturer or other vendor (collectively, “Supplier”) for Products received in accordance with the terms and conditions of the Master Agreement or GPO Contract, as applicable. Payment for Products and inspections and acceptance of Products ordered by the Procuring Party shall be the exclusive obligation of such Procuring Party. Disputes between Procuring Party and any Supplier shall be resolved in accordance with the law and venue rules of the State of purchase unless otherwise agreed to by the Procuring Party and Supplier.

8. T
he Procuring Party shall not use this Agreement as a method for obtaining additional concessions or reduced prices for purchase of similar products or services outside of the Master Agreement. Master Agreements may be structured with not -to-exceed pricing, in which cases the Supplier may offer the Procuring Party and the Procuring Party may accept lower pricing or additional concessions for purchase of Products through a Master Agreement.

9. T
he Procuring Party shall be responsible for the ordering of Products under this Agreement. A non-procuring party shall not be liable in any fashion for any violation by a Procuring Party, and, to the extent permitted by applicable law, the Procuring Party shall hold non-procuring party harmless from any liability that may arise from the acts or omissions of the Procuring Party.

10. W

ITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE OMNIA

PARTNERS PARTIES EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED

REPRESENTATIONS AND WARRANTIES REGARDING ANY PRODUCT, MASTER AGREEMENT AND GPO CONTRACT. THE OMNIA PARTNERS PARTIES SHALL NOT BE

LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL,

EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF THE OMNIA PARTNERS PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE

PROCURING PARTY ACKNOWLEDGES AND AGREES THAT THE OMNIA PARTNERS

PARTIES SHALL HAVE NO LIABILITY FOR ANY ACT OR OMISSION BY A SUPPLIER OR OTHER PARTY UNDER A MASTER AGREEMENT OR GPO CONTRACT.

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021

11. Th
is Agreement shall remain in effect until termination by either party giving thirty (30) days’ written notice to the other party. The provisions of Paragraphs 6 - 10 hereof shall survive any such termination.

12. Thi
s Agreement shall take effect upon (i) execution of the Principal Procurement Agency Certificate, or (ii) registration on the OMNIA Partners website or the execution of this Agreement by a Participating Public Agency, as applicable.

Participating Public Agency: OMNIA Partners, as the cooperative administrator on behalf of Principal
Procurement Agencies:

NATIONAL INTERGOVERNMENTAL

PURCHASING ALLIANCE COMPANY

COMMUNITIES PROGRAM

MANAGEMENT, LLC
Authorized Signature Signature
Sarah E. Vavra
Name Name
Sr. Vice President, Public Sector Contracting
Title and Agency Name Title
Date Date
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Exhibit D
Principal Procurement Agency Certificate, Example

PRINCIPAL PROCUREMENT AGENCY CERTIFICATE
In its capacity as a P rincipal Proc urement Age ncy (as defined below) for National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners”), [NAME OF P PA] agrees to pursue Master Agreeme nts for Products as specified in the attached Exhibits to this Principal Procurement Agency Certificate.

I hereby acknowledge, in my capacity as _____________ of and on behalf of [ NAME OF PPA] (“Principal Procurement Agency”), that I have read and hereby agree to the general terms and conditions set forth in the attached Master Intergovernm ental Cooperative Purchasing Agree ment regulating the use of the Master Agreements and purchase of Products that from time to time are made available by Principal Procurement Agencies to Participating Pub lic Agencies nationwide through OMNIA Partners.

I understand that the purchase of one or mor e Products under the provisions of the Master Intergovernmental Cooperative Purchasing Agreement is at the sole and complete discretion of the Participating Public Agency.

Authorized Signature, [PRINCIPAL PROCUREMENT AGENCY]
Signature
Name
Title
Date
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 E
xhibit E
Contract Sales Reporting Template
C
ontract Sales Report submitted electronically in Microsoft Excel:

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
Exhibit F
Federal Funds Certifications

FEDERAL CERTIFICATIONS
ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT
TO WHO
M IT MAY CONCERN:

P
articipating Agencies may elect to use federal funds to purchase under the Master Agreement. This form should be completed and returned.

DEFINITIONS
Contract means a legal instrument by which a non–Federal entity purchases property or services needed to carry out the project or program under a Federal award. The term as used in this part does not include a legal instrument, even if the non –Federal entity considers it a contract, when the substance of the transaction meets the definition of a Federal award or subaward C
ontractor means an entity that receives a contract as defined in Contract.

C
ooperative agreement means a legal instrument of financial assistan ce between a Federal awarding agency or pass-through entity and a non–Federal entity that, consistent with 31 U.S.C. 6302– 6305:
(a) I
s used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass-through entity to the non –Federal entity to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. 6101(3)); and not to acquire property or services for the Federal government or pass-through entity's direct benefit or use;
(b) I
s distinguished from a grant in that it provides for substantial involvement between the Federal awarding agency or pass-through entity and the non– Federal entity in carrying out the activity contemplated by the Federal award. (c)
The term does not include:
(1) A cooperative research and development agreement as defined in 15 U.S.C. 3710a; or (2) An agreement that provides only:
(i) Direct United States Government cash assistance to an individual; (ii)
A
subsidy;
(iii) A
loan;
(iv) A
loan guarantee; or
(v) I
nsurance.

F
ederal awarding agency means the Federal agency that provides a Federal award directly to a non –Federal entity F
ederal award has the meaning, depending on the context, in either paragraph (a) or (b) of this section:
(a)(1) The Federal financial assistance that a non– Federal entity receives directly from a Federal awarding agency or indirectly from a pass -through entity, as described in § 200.101 Applicability; or (2) T
he cost-reimbursement contract under the Federal Acq uisition Regulations that a non –Federal entity receives directly from a Federal awarding agency or indirectly from a pass -through entity, as described i n § 200
.101 Applicability.
(b) T
he instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperativ e agr
eement, other agreement for assistance covered in paragraph (b) of § 200.40 Federal financial assistance, or the cost-reimbursement contract awarded under the Federal Acquisition Regulations. (c) F
ederal award does not include other contracts that a Federal agency uses to buy goods or services from a c
ontractor or a contract to operate Federal government owned, contractor operated facilities (GOCOs). (d) See also definitions of Federal financial assistance, grant agreement, and cooperative agreement.

N
on–Federal entity means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient.

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
N
onprofit organization means any corporation, trust, association, cooperative, or other organization, not including IHEs, that:
(a) I
s operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; (b) I
s not organized primarily for profit; and
(c) U
ses net proceeds to maintain, improve, or expand the operations of the organization.

Obl
igations means, when used in connection with a non –Federal entity's utilization of funds under a Federal award, orders placed for property and services, contracts and subawards made, and similar transactions during a given period that require payment by the non–Federal entity during the same or a future period.

Pa
ss-through entity means a non– Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program.

R
ecipient means a non– Federal entity that receives a Federal award directly from a F ederal awarding agency to carry out an activity under a Federal program. The term recipient does not include subrecipients.

S
implified acquisition threshold means the dollar amount below which a non–Federal entity may purchase property or services using small purchase methods. Non –Federal entities adopt small purchase procedures in order to expedite the purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. 1908. As of the publication of this part, the simplified acquisition threshold is $ 250,000, but this threshold is periodically adjusted for inflation. (Also see definition of § 200.67 Micro-purchase.)
S
ubaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass -through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.

S
ubrecipient means a non –Federal entity that receives a subaward from a pass -through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency.

T
ermination means the ending of a Federal award, in whole or in part at any time prior to the planned end of period of performance.

The
following certifications and provisions may be required and apply when Participating Agency expends federal funds for any purchase r esulting from this procurement process. Pur suant to 2 C.F.R. § 20 0.326, all contracts, including sma ll purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable.

APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted am
ount determin ed by the Ci vilian Agency Acquisition Co uncil and the Defense Acquisition Re gulations Co uncil (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or leg al remedies in instances w
here contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Pursuant to Federal Rule (A) above, when a Participating Agency expends federal funds, the Participating Agency reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.

Does offeror agree? YES Initials of A uthorized Representative of offeror
(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be eff
ected and the basis for settlement. (All contracts in excess of $10,000) Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
Pursuant to Federal Rule (B) above, when a Participating Agency expends federal funds, the Participating Agency reserves the right to immediately terminate any a greement in excess of $10,000 resulting from this procuremen t process in the event of a breach or default of the agreement by Offeror as detailed in the terms of the contract.

Does offeror agree? YES Initials of A uthorized Representative of offeror
(C) Equal Employment Opportunity. Except as otherwise pro vided under 41 CFR Part 60, all c ontracts that meet th e definition of “
federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided und er 41 CFR 60- 1.4(b), in accordan ce with Exec utive Ord er 1124 6, “E qual E mployment Oppor tunity” (30 CFR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to E qual Employment Opportunity,” and implementing regu lations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.

Does offeror agree to abide by the above? YES Initials of Authorized Representative of offeror (D) Davis-Bacon Ac t, as ame nded ( 40 U.S.C. 3141-314 8). Wh en re quired by Feder al pr ogram legislation, all prim e con
struction contracts in exce ss of $2 ,000 awarded by non-Federal entities must include a pro vision for c ompliance with the D
avis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29
CFR Part 5, “La bor Sta ndards Provisions Ap plicable to Contracts Covering Feder ally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less th an the prev ailing w
ages specif ied in a wage determination made by the Secretary of La bor. In addition, contractors must be re quired to p ay wages not less than once a wee k. The non-Federal entity must place a cop
y of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a co ntract or s ub
contract must be co nditioned upon the acc eptance of the wage dete rmination. The non - Federal entity must report a
ll suspected or report ed violations to the Federal awarding agency. The contracts must also include a pro vision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by D
epartment of Labor re gulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or P ublic Work Financed in Whole or in Part by Lo
ans or Gra nts from the United States”). The Act provides that each contractor or sub
recipient must be prohibited from inducing , by any means, any person employed in the construction, completion, or repa
ir of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must repo
rt all suspected or reported violations to the Federal awarding agency.

Purs uant to Feder al Rule (D) ab ove, when a Participating Agency expends federal funds during the term of an award for all contracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis-Bacon Act provisions.

Does offeror agree? YES Initials of Authorized Representative of offeror (E) Contract Work Hours and Safety Sta ndards Act (40 U.S.C. 3701-370 8). Where applicable, all contracts awarded by the no
n-Federal entity in exce ss of $100 ,000 that invo lve the e mployment of me chanics or laborers must include a provision for com
pliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and labo
rer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is perm issible provided that the worker is co mpensated at a rate of not less than one and a h alf times the bas ic rate of p ay for all hou
rs worked in excess of 40 hours in the work week. The requirements o f 40 U.S.C. 3704 are applicable to construction work and pro vide that no laborer or mechanic must be re quired to work in surroundings or under working conditions which are unsanitary, hazar dous or da ngerous. These re quirements do not a pply to the purchases o f s upplies or materials or articles ordinar ily av ailable on the op en mark et, or contra cts for trans portation or transm ission of intelligence.

Pursuant to Feder al Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in compliance with all applicable provisions of the Contract Work Hours and S afety Standards Act during the term of an award for all contracts by Participating Agency resulting from this procurement process.

Does offeror agree? YES Initials of Authorized Representative of offeror Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
(F) Rights to Inv entions Made Under a Contract or Agreement. If the Feder al award meets the definition of “fundin g agreement”
under 37 CFR §401 .2 ( a) and the recip ient or s ubrecipient wish es to e nter into a c ontract with a sm all bu
siness firm or nonprofit organization regarding the s ubstitution of part ies, as signment or per formance o f experimenta
l, dev elopmental, or resear ch work under that “ funding agre ement,” the recip ient or subrecipient mus t com
ply with the re quirements of 37 CFR Part 40 1, “Rights to Inven t ions Made by Nonprofit Organizations and Sm all B
usiness Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the aw
arding agency.

Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (F) above.

Does offeror agree? YES Initials of Authorized Representative of offeror (G) Clean Air Act ( 42 U.S .C. 7401-767 1q.) and the Feder al Water Po llution Control Act ( 33 U.S .C. 1251-138 7), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non - Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air A
ct (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 138 7). Violations must be re po
rted to the Feder al awarding agen cy and the Regional Off ice of the En vironmental Protection Agency (EP
A)
Purs uant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency member r esulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (G) above.

Does offeror agree? YES Initials of Authorized Representative of offeror (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to partie
s listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the E
xecutive Office of the President Office of Management and Budget (OMB) guidelines at 2 CFR 180 that implement Exec utive Orders 12549 (3 CFR part 19 86 Comp., p. 18 9) an d 12689 (3 CFR part 19 89 Comp., p. 235), “Debarment and Suspen sion.” S AM Exclu sions c ontains the nam es of partie s debarred, suspe nded, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Pursuant to Federal Rule (H) above, when federal funds are expend ed by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. If at any time during the term of an award the offeror or its principals becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency, the offeror will notify the Participating Agency.

Does offeror agree? YES Initials of Authorized Representative of offeror (I) Byrd Anti-Lobbying Amendment ( 31 U.S.C. 1352)— Contractors that apply or b id for an award exceeding $100 ,000 must f ile the re qu
ired certificati on. Each t ier certif ies to the t ier a bove that it will not and h as not used Feder al app
ropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a me mber of C
ongress, officer or e mployee of Congress, or an employee of a me mber of Congress in connection with obt aining any Fede ral contract, grant or any o ther award covered by 31 U.S.C. 1352. Each t ier must also disclose any l obbying with non-Federal funds that takes p lace in connection with obt aining any Feder al award.

Such disclosures
are forwarded from tier to tier up to the non-Federal award.

Pursuant to Federal Rule (I) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term and after the awarded term of an award for all contracts by Participating Agency r esulting fr om this procuremen t process, the offeror certifies that it is in compl iance with all app licable provisions of the Byrd A nti-Lobbying Amendment (31 U.S.C. 1352). T he undersigned further certifies that:
(1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Feder al contract, grant, loan, or cooperative agreement. (2) If any funds other than Feder al appro priated funds have be en pa id or will be pa id to any person for influencing or attempting to influence an officer or em ployee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. (3) The undersigned shall req uire that the language of this cer tification be included in the award documen ts for all covered sub-awards exceeding $100,000 in Feder al funds at al l a ppropriate tiers and that a ll subr ecipients shall cer tify and d isclose accordingly.

Does offeror agree? YES Initials of Authorized Representative of offeror

RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by Participating Agency for any contract r esulting from this procuremen t process, offeror certifies that it will comply with the record r etention requirements detailed in 2 CFR § 200.333. The offeror further certifies that offeror will retain all records as req uired by 2 CFR § 20 0.333 for a p eriod of three ye ars after gran tees or subgrantees submit final expend iture reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

Does offeror agree? YES Initials of Authorized Representative of offeror

CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will com ply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).

Does offeror agree? YES Initials of Authorized Representative of offeror

CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.

Does offeror agree? YES Initials of Authorized Representative of offeror CERTIFICATION OF ACCESS TO RECORDS – 2 C.F.R. § 200.336 Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any documents, papers, or other records of offeror that are p ertinent to offeror’s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to offeror’s personnel for the purpose of interview and discussion relating to such documents.

Does offeror agree? YES Initials of Authorized Representative of offeror

CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS
Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions.

Does offeror agree? YES Initials of Authorized Representative of offeror O
fferor agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
further acknowledged that offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above.

O
fferor’s Name:
____________________________________________________________________________________________ A
ddress, City, State, and Zip Code:
_____________________________________________________________________________ Phone Number: __________________________________ F ax Number:
______________________________________
Pri
nted Name and Title of Authorized Representative:
_____________________________________________________________________ Emai
l Address:
____________________________________________________________________________________________ Sig
nature of Authorized Representative: ____________________________________Date: _____________________________ Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021

FEMA SPECIAL CONDITIONS
A
warded Supplier(s) may need to respond to events and losses where products and services are needed for the immediate and initial response to emergency situations such as, but not limited to, water damage, fire damage, vandalism cleanup, biohazard cleanup, sewage decontamination, deodorization, and/or wind damage during a disaster or emergency situation. By submitting a proposal, the Supplier is accepted these FEMA Special Conditions required by the Federal Emergency Management Agency (FEMA). “
Contract” in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as the “Master Agreement”.
“
Contractor” in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as “Supplier” or “Awarded Supplier”.

Conflicts of Interest
No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a FEMA award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties, has a financial or other interest in or a tangible personal benefit from a firm considered for award. 2 C.F.R. § 200.318(c)(1); See also Standard Form 424D, ¶ 7; Standard Form 424B, ¶ 3. i. FEMA considers a “financial interest” to be the potential for gain or loss to the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties as a result of the particular procurement. The prohibited financial interest may arise from ownership of certain financial instruments or investments such as stock, bonds, or real estate, or from a salary, indebtedness, job offer, or similar interest that might be affected by the particular procurement. ii. FEMA considers an “apparent” conflict of interest to exist where an actual conflict does not exist, but where a reasonable person with knowledge of the relevant facts would question the impartiality of the employee, officer, or agent participating in the procurement. c. Gifts. The officers, employees, and agents of the Participating Public Agency nor the Participating Public Agency (“NFE”) must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, NFE’s may set standards for situations in which the financial interest is de minimus, not substantial, or the gift is an unsolicited item of nominal value. 2 C.F.R. § 200.318(c)(1). d. Violations. The NFE’s written standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the NFE. 2 C.F.R. § 200.318(c)(1). For example, the penalty for a NFE’s employee may be dismissal, and the penalty for a contractor might be the termination of the contract.

C
ontractor Integrity
A contractor must have a satisfactory record of integrity and business ethics. Contractors that are debarred or suspended, as described in and subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R.

Part 3000 (Non-procurement Debarment and Suspension), must be rejected and cannot receive contract awards at any level.

Public Policy
A contractor must comply with the public policies of the Federal Government and state, local government, or tribal government. This includes, among other things, past and current compliance with the:
a. E
qual opportunity and nondiscrimination laws
b. F
ive affirmative steps described at 2 C.F.R. § 200.321(b) for all subcontracting under contracts supported by FEMA financial assistance; and FEMA Procurement Guidance June 21, 2016 Page IV - 7 c
. A
pplicable prevailing wage laws, regulations, and executive orders A
ffirmative Steps
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
For any subcontracting opportunities, Contractor must take the following Affirmative steps:

1. Placing qualified small and minority businesses and women's business enterprises on solicitati on lists;

2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and

5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

Prevailing Wage Requirements
When applicable, the awarded Contractor (s) and any and all subcontractor(s) agree to comply with all laws regarding prevailing wage rates including the Davis -Bacon Act, applicable to this solicitation and/or Participating Public Agencies. The Participating Public Agency shall notify the Contractor of the applicable pricing/prevailing wage rates and must apply any local wage rates requested. The Contractor and any subcontractor(s) shall comply with the prevailing wage rates set by the Participating Public Agency.

Federal Requirements
If products and services are issued in response to an emergency or disaster recovery the items below, located in this FEMA Special Conditions section of the Federal Funds Certifications, are activated and required when federal funding may be utilized.
2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses

1. REMEDIES
a. Standard. Contracts for more than the simplified acquisition threshold, currently set at $250,000, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. See 2 C.F.R. Part 200, Appendix II(A).
b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.

2. TERMINATION FOR CAUSE AND CONVENIENCE
a. Standard. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity, including the manner by which it will be effect ed and t
he basis for settlement. See 2 C.F.R. Part 200, Appendix II(B). b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.

3. EQUAL EMPLOYMENT OPPORTUNITY
W
hen applicable:
a. Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
the definition of “federally assisted construction contract” in 41 C.F.R. § 6
0-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p.
339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating t
o Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II(C). b. Key Definitions.
i. Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-

1.3 defines a “federally assisted construction contract” as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowe d on t
he credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work.
ii. Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines “construction work” as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervisi on, inspection, and other onsite functions incidental to the actual construction. c. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.
d. Required Language. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of the following contract clause.

During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
(
3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired abou
t, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to suc h
i
nformation, unless such disclosure is in response to a formal complaint or charge, i n f
urtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has
a collective bargaining agreement or other contract or understanding, a notice to be
provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation t o as
certain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That i f the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

4. DAVIS-BACON ACT
a. Standard. All prime construction contracts in excess of $2,000 awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141- 3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable t o Contracts Covering Federally Financed and Assisted Construction). See 2 C.F.R. Part 200, Appendix II(D). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than t
he prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. b. Applicability. The Davis -Bacon Act applies to the Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program.
c. Requirements. If applicable, the non-federal entity must do the following:
i. T
he non- Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all susp ected or reported violations to the Federal awarding agency.
ii. A
dditionally, pursuant 2 C.F.R. Part 200, Appendix II(D), contracts subject to t he D
avis-Bacon Act, must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from th e
U
nited States). The Copeland Anti- Kickback Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Version August 12, 2021
employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to FEMA.

iii. Include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standar ds Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”).

Suggested Language. The following provides a sample contract clause:

Compliance with the Davis-Bacon Act.
a. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141- 3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.

b. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

c. Additionally, contractors are required to pay wages not less than once a week.

5. COPELAND ANTI-KICKBACK ACT

a. Standard. Recipient and subrecipient contracts must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). b. Applicability. This requirement applies to all contracts for construction or repair work above $2,000 in situations where the Davis-Bacon Act also applies. It DOES NOT apply to the FEMA Public Assistance Program.

c. Requirements. If applicable, the non- federal entity must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as suppl emented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). Each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti -Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work.

Sample Language. The following provides a sample contract clause:

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
Compliance with the Copeland “Anti-Kickback” Act.
a. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145
, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.

The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12.”

6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
a. Standard. Where applicable (see 40 U.S.C. §§ 3701-3708), all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II(E). Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that t he
w
orker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Further, no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous.
b. Applicability. This requirement applies to all FEMA contracts awarded by the non- federal entity in excess of $100,000 under grant and cooperative agreement programs that involve the employment of mechanics or laborers. It is applicable to construction work. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
c. Suggested Language. The regulation at 29 C.F.R. § 5.5(b) provides contract clause language concerning compliance with the Contract Work Hours and Safety Standards Act. FEMA suggests including the following contract clause:

Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such l
aborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of
$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Federal agency or loan/grant recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be
det
ermined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.

7. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT a. Standard. If the FEMA award meets the definition of “funding agreement” under 37C.F.R. § 401.2(a) and the non-F ederal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non- Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II(F). b. Applicability. This requirement applies to “funding agreements,” but it DOES NOT apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.”
c. Funding Agreements Definition. The regulation at 37 C.F.R. § 401.2(a) defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021

8. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT a. Standard. If applicable, contracts must contain a provision that requires the contractor to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671q.) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251- 1387). Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II(G).
b. Applicability. This requirement applies to contracts awarded by a non- federal entity of amounts in excess of $150,000 under a federal grant.
c. Suggested Language. The following provides a sample contract clause.

Clean Air Act

1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 74
01 et seq.

2. The contractor agrees to report each violation to the Participating Public Agency and understands and agrees that the Participating Public Agency will, in turn, report each violation as required to assure notification to th e
F
ederal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

Federal Water Pollution Control Act

1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistanc e pr
ovided by FEMA.

9. DEBARMENT AND SUSPENSION
a. Standard. Non- Federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment a nd Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Version August 12, 2021
Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (Non-procurement Debarment and Suspension).

b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.

c. Requirements.

i. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or inel igible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II(H); and 2 C.F.R. § 200.213. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

SAM exclusions can be accessed at
www.sam.gov. See 2 C.F.R. § 180.530.

ii. In general, an “excluded” party cannot receive a Federal grant award or a contract within the meaning of a “covered transaction,” to include subawards and subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a “covered transaction,” which is any non -procurement trans action (unless excepted) at either a “primary” or “secondary” tier. Although “covered transactions” do not include contracts awarded by the Federal Government for purposes of the non- procurement common rule and DHS’s implementing regulations, it does include some contracts awarded by recipients and subrecipients.

iii. Specifically, a covered transaction includes the following contracts for goods or services:

1. The contract is awarded by a recipient or subrecipient in the amount of at least $25,000.

2. The contract requires the approval of FEMA, regardless of amount.

3. The contract is for federally-required audit services.

4. A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of $25,000.

d. Suggested Language. The following provides a debarment and suspension clause. It incorporates an optional method of verifying that contractors are not excluded or disqualified.

Suspension and Debarment
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
C.F.R. § 180.935).
(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by the Participating Public Agency. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Participating Public Agency, the Federal Government may pursue av
ailable remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

10. BYRD ANTI-LOBBYING AMENDMENT
a. Standard. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting t o i
nfluence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection wit h obt
aining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352.

FEMA’s regulation at 44 C.F.R. Part 18 implements the requirements of 31 U.S.C. § 1352 and provides, in Appendix A to Part 18, a copy of the certification that is required to be
compl
eted by each entity as described in 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Federal awarding agency.
b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. Contractors that apply or bid for a contract of $100,000 or more under a federal grant must file the required certification. See 2 C.F.R. Part 200, Appendix II(I); 31 U.S.C. § 1352; and 44 C.F.R. Part 18.
c. Suggested Language.

Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) C
ontractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352 .

E
ach tier shall also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
d. Required Certification. If applicable, contractors must sign and submit to the non-federal entity the following certification.

APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING C
ertification for Contracts, Grants, Loans, and Cooperative Agreements T
he 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, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included i n t
he 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 and disclose accordingly.

T
his 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.

The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Signature of Contractor’s Authorized Official
Name and Title of Contractor’s Authorized Official
Date
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021

11. PROCUREMENT OF RECOVERED MATERIALS
a. Standard. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. See 2 C.F.R. Par t 200, Appendix II(J); and 2 C.F.R. § 200.322.
b. Applicability. This requirement applies to all contracts awarded by a non- federal entity under FEMA grant and cooperative agreement programs.
c. Requirements. The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceede d $10,
000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. d. Suggested Language.
i. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless t
he product cannot be acquired—

1. Competitively within a timeframe providing for compliance with the contract performance schedule;

2. Meeting contract performance requirements; or

3. At a reasonable price.
ii. Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. iii. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”

12. ACCESS TO RECORDS
a. Standard. All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access t o r
ecords, accounts, documents, information, facilities, and staff. Recipients must give DHS/FEMA access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. See DHS Standard Terms and Conditions: Version 8.1 (2018). Additionally, Section 1225 of the Disaster Recovery Reform Act of 2018 prohibits FEMA from providing reimbursement to any state, local, tribal, or territorial government, or private non- profit for activities made pursuant to a contract that purports to prohibit audits or internal reviews by the FEMA administrator or Comptroller General.

Access to Records. The following access to records requirements apply to this contract:

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
i.T
he Contractor agrees to provide Participating Public Agency, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. ii.The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. iii. The Contractor agrees to provide the FEMA Administrator or his authorize d r
epresentatives access to construction or other work sites pertaining to the work being completed under the contract.
iv
.In compliance with the Disaster Recovery Act of 2018, the Participating Public Agency and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

13. CHANGES
a. Standard. To be eligible for FEMA assistance under the non- Federal entity’s FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. b. Applicability. FEMA recommends, therefore, that a non- Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end-item procured.

14. DHS SEAL, LOGO, AND FLAGS
a. Standard. Recipients must obtain permission prior to using the DHS seal(s), logos , crests, or reproductions of flags or likenesses of DHS agency officials. See DHS Standard Terms and Conditions: Version 8.1 (2018).
b. Applicability. FEMA recommends that all non- Federal entities place in their contracts a provision that a contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. c. “
The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

15. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS a. Standard. The recipient and its contractors are required to comply with all Federal laws, regulations, and executive orders.
b. Applicability. FEMA recommends that all non- Federal entities place into their contracts an acknowledgement that FEMA financial assistance will be used to fund the contract along with the requirement that the contractor will comply with all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. c. “
This is an acknowledgement that FEMA financial assistance will be used to fund all or a por
tion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.”

16. NO OBLIGATION BY FEDERAL GOVERNMENT
a. Standard. FEMA is not a party to any transaction between the recipient and its contractor.

FEMA is not subject to any obligations or liable to any party for any matter relating to the contract.
b. Applicability. FEMA recommends that the non-Federal entity include a provision in its contract that states that the Federal Government is not a party to the contract and is not subject to any obligations or liabilities to the non- Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
c. “
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non- Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.”

17. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS a. Standard. Recipients must comply with the requirements of The False Claims Act (31 U.S.C. §§ 3729-3733) which prohibits the submission of false or f raudulent claims for payment to the federal government. See DHS Standard Terms and Conditions: Version 8.1 (2018); and 31 U.S.C. §§ 3801- 3812, which details t he adm
inistrative remedies for false claims and statements made. The non-Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract.
b. Applicability. FEMA recommends that the non-Federal entity include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. c. “
The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.” Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
Offeror agrees to comply with all terms and conditions outlined in the FEMA Special Conditions section of this solicitation.

O
fferor’s Name: ______________________________________________ Addre
ss, City, State, and Zip Code:
_____________________________________________________________________________ Phone Number: ________________________ Fax Number: ______________________________ Pri
nted Name and Title of Authorized Representative:
____________________________________________________________ Ema
il Address: _____________________________________________ Signature of Authorized Representative: ____________________________________ Date: ________________________________
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
E
xhibit G
New Jersey Business Compliance
NEW

JERSEY BUSINESS COMPLIANCE
S
uppliers intending to do business in the State of New Jersey must comply with policies and procedures required under New Jersey statues. All offerors submitting proposals must complete the following forms specific to the State of New Jersey. Completed forms should be submitted with the offeror’s response to the RFP. Failure to complete the New Jersey packet will impact OMNIA Partners’ ability to promote the Master Agreement in the State of New Jersey.

DOC
#1 Ownership Disclosure Form
DOC #2 Non-Collusion Affidavit
DOC #3 Affirmative Action Affidavit
DOC #4 Political Contribution Disclosure Form
DOC #5 Stockholder Disclosure Certification
DOC #6 Certification of Non-Involvement in Prohibited Activities in Iran DOC #7 New Jersey Business Registration Certificate
N
ew Jersey suppliers are required to comply with the following New Jersey statutes when applicable:
• all a
nti-discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A. 10:2-14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38; • P
revailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the contemplation of the Act;
• P
ublic Works Contractor Registration Act, N.J.S.A. 34:11-56.26; and • B
id and Performance Security, as required by the applicable municipal or state statutes.

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
DOC
#1

STATEMENT OF OWNERSHIP DISCLOSURE
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43) This statement shall be completed, certified to, and included with all bid and proposal submissions.

Failure to submit the required information is cause for automatic rejection of the bid or proposal.

Name of Organization:_______________________________________________________ Organization Address:_______________________________________________________ Part I Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts II and III, execute certification in Part IV) Non-Profit Corporation (skip Parts II and III, execute certification in Part IV) For-Profit Corporation (any type) Limited Liability Company (LLC) Partnership Limited Partnership Limited Liability Partnership (LLP) Other (be specific): ______________________________________________ Part II
 The list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. (COMPLETE THE LIST BELOW IN THIS SECTION) OR
 No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be. (SKIP TO PART IV) (Please attach additional sheets if more space is needed):

Name of Individual or Business Entity Home Address (for Individuals) or Business Address Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS,

PARTNERS OR LLC MEMBERS LISTED IN PART II
If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the information on each such person. Attach additional sheets if more space is needed.

Website (URL) containing the last annual SEC (or foreign equivalent) filing Page #’s Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is needed.

Stockholder/Partner/Member and Corresponding
Entity Listed in Part II
Home Address (for Individuals) or Business Address
Part IV Certification
I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the bidder/proposer; that the <name of contracting unit> is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the completion of any contracts with <type of contracting unit> to notify the <type of contracting unit> in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the, permitting the <type of contracting unit> to declare any contract(s) resulting from this certification void and unenforceable.

Fu
ll Name (Print): T
itle:

Signature: D ate:

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
DOC
#2
NO

N-COLLUSION AFFIDAVIT

STANDARD BID DOCUMENT REFERENCE
Reference: VII-H
Name of Form: NON-COLLUSION AFFIDAVIT
Statutory Reference: No specific statutory reference
State Statutory Reference N.J.S.A. 52:34-15
Instructions Reference: Statutory and Other Requirements VII-H Description:

The Owner’s use of this form is optional. It is used to ensure that the bidder has not participated in any collusion with any other bidder or Owner representative or otherwise taken any action in restraint of free and competitive bidding.

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021

NON-COLLUSION AFFIDAVIT
S
tate of New Jersey
County of _________________
ss:

I, ________________
________________ residing in ___________________________________ (name of affiant) (name of municipality)
in the County of _______________________________ and State of _____________________of full age, being duly sworn according to law on my oath depose and say that:

I a
m _____________________________________ of the firm of _________________________ (title or position) (name of firm)
__________________
___________________ the bidder making this Proposal for the bid e
ntitled ______________________________, and that I executed the said proposal with (t itle of bid proposal)
full authority to do so that said bidder has not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named project; and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that the ______________ _________________________relies upon the truth of the statements contained in said Proposal (name of contracting unit)
and in the statements contained in this affidavit in awarding the contract for the said project.

I furt
her warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by _________________________________________________.

S
ubscribed and sworn to
be
fore me this day _____________________________
Signature
________________, 2
____ ___________________________________
(Type or print name of affiant under signature)
_____________________________
Notary public of
M
y Commission expires _______________
(
Seal)
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
DOC
#3
AF

FIRMATIVE ACTION AFFIDAVIT
(P.L. 1975, C.127)
C
ompany Name:

Street:

City, State, Zip Code:

Proposal Certification:

Indicate below company’s compliance with New Jersey Affirmative Action regulations. Company’s proposal will be accepted even if company is not in compliance at this time. No contract and/or purchase order may be issued, however, until all Affirmative Action requirements are met.

Required Affirmative Action Evidence:

Procurement, Professional & Service Contracts (Exhibit A) Vendors must submit with proposal:

1. A photo copy of their Federal Letter of Affirmative Action Plan Approval OR

2. A photo copy of their Certificate of Employee Information Report OR

3. A complete Affirmative Action Employee Information Report (AA302) ________ Public Work – Over $50,000 Total Project Cost:

A. No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form AA201-A upon receipt from the
B. A
pproved Federal or New Jersey Plan – certificate enclosed I
further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief.
_______________________
_________________________________
Da te Authorized Signature and Title
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
D
OC #3, continued
P
.L. 1995, c. 127 (N.J.A.C. 17:27)

MANDATORY AFFIRMATIVE ACTION LANGUAGE

PROCUREMENT, PROFESSIONAL AND SERVICE

CONTRACTS
During the performance of this contract, the contractor agrees as follows:

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non-discrimination clause.

The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation.

The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act.

The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent with the applicable county employment goal prescribed by N.J.A.C. 17:27- 5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27- 5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time.

The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital s tatus, sex, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job- related testing, as established by the statutes and court decisions of the state of New Jersey and as established by applicable Federal law and applicable Federal court decis ions.

The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay- off to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.

The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27) . ____
____________________________________________
Signature of Procurement Agent
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Version August 12, 2021
DOC #4

C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM

Public Agency Instructions

This page provides guidance to public agencies entering into contracts with business entities that are required to file Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What follows are instructions on the use of form local units can provide to contractors that are required to disclose political contributions pursuant to N.J.S.A. 19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in Local Finance Notice 2006- 1 ( http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). Please refer back to these instructions for the appropriate links, as the Local Finance Notices include links that are no longer operational.

1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and open” process (N.J.S.A. 19:44A-20.7).

2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract documents or in an appropriate computer file and be available for public access. The form is worded to accept this alternate submission. The text should be amended if electronic submission will not be allowed.

3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract.

Resolutions of award should reflect that the disclosure has been received and is on file.

4. The contractor must disclose contributions made to candidate and party committees covering a wide range of public agencies, including all public agencies that have elected officials in the county of the public agency, state legislative positions, and various state entities. The Division of Local Government Services recommends that contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and political committees of the officials and candidates affected by the disclosure. a. The Division has prepared model disclosure forms for each county. They can be downloaded from the “County PCD Forms” link on the Pay- to-Play web site at http://ww w.nj.gov/dca/divisions/dlgs/programs/lpcl.html#12 .

They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative district(s). As the forms are county- based, they list all legislative districts in each county. Districts that do not represent the public agency should be removed from the lists.
c. Some contractors may find it easier to provide a single list that covers all contributions, regardless of the county.

These submissions are appropriate and should be accepted. d. The form may be used “as-is”, subject to edits as described herein. e. The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are printed on the back of the form; where that is not the case, the text should be edited accordingly. f. The form is a Word document and can be edited to meet local needs, and posted for download on web sites, used as an e-mail attachment, or provided as a printed document.

5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract (See Local Finance Notice 2006-7 for additional information on this obligation at http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html ). A sample Certification form is part of this package and the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable to Boards of Education.

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
D
OC #4, continued
C. 271

POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-

20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to:
• a
ny State, county, or municipal committee of a political party • any legislative leadership committee*
• a
ny continuing political committee (a.k.a., political action committee) • any candidate committee of a candidate for, or holder of, an elective office:
o of the public entity awarding the contract
o of that county in which that public entity is located o of another public entity within that county
o or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county The disclosure must list reportable contributions to any of the committees that excee d $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions.

N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following:
• individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit • all principals, partners, officers, or directors of the business entity or their spouses • any subsidiaries directly or indirectly controlled by the business entity • IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity and filing as continuing political committees, (PACs).

When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall be deemed to be a contribution by the business entity.” [ N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the disclosure.

A
ny business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the amount that the business entity failed to report.

T
he enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement.

T
he enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public Records Act.

T
he cont ractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts. * N .J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A -10.1) for the purpose of receiving contributions and making expenditures.” Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
D
OC #4, continued
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant to N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit no later than 10 days prior to the award of the contract.

Part I – Vendor Information
Vendor Name:

Address:

City: State: Zip:

The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form.
_________
______________ _______________________ ________________________ Signature Printed Name Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit.  Check here if disclosure is provided in electronic form Contributor Name Recipient Name Date Dollar Amount
$

Check here if the information is continued on subsequent page(s) Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Version August 12, 2021
DOC #4, continued

List of Agencies with Elected Officials Required for Political Contribution Disclosure N.J.S.A. 19:44A-20.26

County Name:

State: Governor, and Legislative Leadership Committees
Legislative District #s:

State Senator and two members of the General Assembly per district.

County:

Freeholders County Clerk Sheriff
{County Executive} Surrogate

Municipalities (Mayor and members of governing body, regardless of title):

USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD

FROM THE PAY TO PLAY SECTION OF THE DLGS WEBSITE A
COUNTY-BASED, CUSTOMIZABLE FORM.

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
DOC
#5
S

TOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
 I certify that the list below contains the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the undersigned.

OR
 I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.

Check the box that represents the type of business organization:
Partnership Corporation Sole Proprietorship
Limited Partnership Limited Liability Corporation Limited Liability Partnership Subchapter S Corporation
S
ign and notarize the form below, and, if necessary, complete the stockholder list below.

Stockholders:

Name: Name:

Home Address: Home Address:

Name: Name:

Home Address: Home Address:

Name: Name:

Home Address: Home Address:

Subscribed and sworn before me this ___ day of ___________, 2__.
(
Notary Public)
M
y Commission expires:
_________________________________
(Affiant)
________________________________
(Print name & title of affiant)
(Corporate Seal)
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Version August 12, 2021
DOC #6

Certification of Non-Involvement in Prohibited Activities in Iran

Pursuant to N.J.S.A. 52:32-58, Offerors must certify that neither the Offeror, nor any of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32 – 56(e) (3)), is listed on the Department of the Treasury’s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32 – 56(f).

Offerors wishing to do business in New Jersey through this contract must fill out the Certification of Non-Involvement in Prohibited Activities in Iran here:
http://www.state.nj.us/humanservices/dfd/info/standard/fdc/disclosure_investmentact.pdf .

Offerors should submit the above form completed with their proposal.

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Version August 12, 2021
DOC
#7
NE

W JERSEY BUSINESS REGISTRATION CERTIFICATE
(N.J.S.A. 52:32-44)
Offerors wishing to do business in New Jersey must submit their State Division of Revenue issued Business Registration Certificate with their proposal here. Failure to do so will disqualify the Offeror from offering products or services in New Jersey through any resulting contract. h
ttps://www.njportal.com/DOR/BusinessRegistration/
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 DOC
#8
E

EOAA EVIDENCE
E
qual Employment Opportunity/Affirmative Action
Goods, Professional Services & General Service Projects EEO/AA Evidence
Vendors are required to submit evidence of compliance with N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 in order to be considered a responsible vendor.

One of the following must be included with submission:
• Copy of Letter of Federal Approval
• Certificate of Employee Information Report
• Fully Executed Form AA302
• Fully Executed EEO-1 Report
See the guidelines at: http://www.state.nj.us/treasury/contract_compliance/pdf/pa.pdf for further information.

I certify that my bid package includes the required evidence per the above list and State website.

N
ame: ______________________________ Title: _____________________ S
ignature: ___________________________ Date: _____________________ Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Version August 12, 2021

CERTIFICATION
I, the undersigned, certify that I am authorized to execute this certification on behalf of the Vendor/Bidder, that the foregoing information and any attachments hereto, to the best of my knowledge are true and complete. I acknowledge that the State of New Jersey is relying on the information contained herein, and that the Vendor/Bidder is under a continuing obligation from the date of this certification through the completion of any contract(s) with the State to notify the State in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I will be subject to criminal prosecution under the law, and it will constitute a material breach of my agreement(s) with the State, permitting the State to declare any contract(s) resulting from this certification to be void and unenforceable.

DOC #9

MCBRIDE-PRINCIPLES

MACBRIDE PRINCIPALS FORM
_____________________
VENDOR’S/BIDDER’S REQUIREMENT

TO PROVIDE A CERTIFICATION IN COMPLIANCE WITH THE MACBRIDE PRINCIPALS AND NORTHERN IRELAND ACT OF 1989

Pursuant to Public Law 1995, c. 134, a responsible Vendor/Bidder selected, after public bidding, by the Director of the Division of Purchase and Property, pursuant to N.J.S.A. 52:34-12, must complete the certification below by checking one of the two options listed below and signing where indicated. If a Vendor/Bidder that would otherwise be awarded a purchase, contract or agreement does not complete the certification, then the Director may determine, in accordance with applicable law and rules, that it is in the best interest of the State to award the purchase, contract or agreement to another Vendor/Bidder that has completed the certification and has submitted a bid within five (5) percent of the most advantageous bid. If the Director finds contractors to be in violation of the principals that are the subject of this law, he/she shall take such action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.

I, the undersigned, on behalf the Vendor/Bidder, certify pursuant to N.J.S.A. 52:34-12.2 that:

CHECK THE APPROPRIATE BOX
The Vendor/Bidder has no business operations in Northern Ireland; or OR
The Vendor/Bidder will take lawful steps in good faith to conduct any business operations it has in Northern Ireland in accordance with the MacBride principals of nondiscrimination in employment as set forth in section 2 of P.L. 1987, c. 177 (N.J.S.A. 52:18A-89.5) and in conformance with the United Kingdom’s Fair Employment (Northern Ireland) Act of 1989, and permit independent monitoring of its compliance with those principals.

Exhibit H
Signature Date
Print Name and Title

STATE OF NEW JERSEY DEPARTMENT OF THE TREASURY

DIVISION OF PURCHASE AND PROPERTY

33 WEST STATE STREET, P.O. BOX 230
TRENTON, NEW JERSEY 08625-0230
BID SOLICITATION #: VENDOR/BIDDER:

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Version August 12, 2021
Advertising Compliance Requirement

Pursuant to certain state notice provisions, including but not limited to Oregon Revised Statutes Chapter 279A.210, Chapter 279A.220, and other related provisions, the following public agencies and political subdivisions of the referenced public agencies are eligible to register with OMNIA Partners and access the Master Agreement contract award made pursuant to this solicitation, and are hereby given notice of the foregoing request for proposals for purposes of complying with the procedural requirements of said statutes:

Nationwide:

State of Alabama State of Hawaii Commonwealth of
Massachusetts
State of New Mexico State of South
Dakota
State of Alaska State of Idaho State of Michigan State of New York State of Tennessee State of Arizona State of Illinois State of Minnesota State of North Carolina State of Texas State of Arkansas State of Indiana State of Mississippi State of North Dakota State of Utah State of California State of Iowa State of Missouri State of Ohio State of Vermont State of Colorado State of Kansas State of Montana State of Oklahoma Commonwealth of Virginia
State of Connecticut Commonwealth of
Kentucky
State of Nebraska State of Oregon State of Washington
State of Delaware State of Louisiana State of Nevada Commonwealth of Pennsylvania
State of West
Virginia
State of Florida State of Maine State of New Hampshire State of Rhode Island State of Wisconsin State of Georgia State of Maryland State of New Jersey State of South Carolina State of Wyoming District of Columbia

Lists of political subdivisions and local governments in the above referenced states / districts may be found at http://www.usa.gov/Agencies/State_and_Territories.shtml and https://www.usa.gov/local-governments.

Certain Public Agencies and Political Subdivisions:

CITIES, TOWNS, VILLAGES AND BOROUGHS
INCLUDING BUT NOT LIMITED TO:

BAKER CITY GOLF COURSE, OR

CITY OF ADAIR VILLAGE, OR

CITY OF ASHLAND, OR

CITY OF AUMSVILLE, OR

CITY OF AURORA, OR

CITY OF BAKER, OR

CITY OF BATON ROUGE, LA

CITY OF BEAVERTON, OR

CITY OF BEND, OR

CITY OF BOARDMAN, OR

CITY OF BONANAZA, OR

CITY OF BOSSIER CITY, LA

CITY OF BROOKINGS, OR

CITY OF BURNS, OR

CITY OF CANBY, OR

CITY OF CANYONVILLE, OR

CITY OF CLATSKANIE, OR

CITY OF COBURG, OR

CITY OF CONDON, OR

CITY OF COQUILLE, OR

CITY OF CORVALLI, OR

CITY OF CORVALLIS PARKS AND RECREATION

DEPARTMENT, OR

CITY OF COTTAGE GROVE, OR

CITY OF DONALD, OR

CITY OF EUGENE, OR

CITY OF FOREST GROVE, OR

CITY OF GOLD HILL, OR

CITY OF GRANTS PASS, OR

CITY OF GRESHAM, OR

CITY OF HILLSBORO, OR

CITY OF INDEPENDENCE, OR

CITY AND COUNTY OF HONOLULU, HI

CITY OF KENNER, LA

CITY OF LA GRANDE, OR

CITY OF LAFAYETTE, LA

CITY OF LAKE CHARLES, OR

CITY OF LEBANON, OR

CITY OF MCMINNVILLE, OR

CITY OF MEDFORD, OR

CITY OF METAIRIE, LA

CITY OF MILL CITY, OR

CITY OF MILWAUKIE, OR

CITY OF MONROE, LA

CITY OF MOSIER, OR

CITY OF NEW ORLEANS, LA

CITY OF NORTH PLAINS, OR

CITY OF OREGON CITY, OR

CITY OF PILOT ROCK, OR

CITY OF PORTLAND, OR

CITY OF POWERS, OR

CITY OF PRINEVILLE, OR

CITY OF REDMOND, OR

CITY OF REEDSPORT, OR

CITY OF RIDDLE, OR

CITY OF ROGUE RIVER, OR

CITY OF ROSEBURG, OR

CITY OF SALEM, OR

CITY OF SANDY, OR

CITY OF SCAPPOOSE, OR

CITY OF SHADY COVE, OR

CITY OF SHERWOOD, OR

CITY OF SHREVEPORT, LA

CITY OF SILVERTON, OR

CITY OF SPRINGFIELD, OR
CITY OF ST. HELENS, OR
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Version August 12, 2021
CITY OF ST. PAUL, OR

CITY OF SULPHUR, LA

CITY OF TIGARD, OR

CITY OF TROUTDALE, OR

CITY OF TUALATIN, OR

CITY OF WALKER, LA

CITY OF WARRENTON, OR

CITY OF WEST LINN, OR

CITY OF WILSONVILLE, OR

CITY OF WINSTON, OR

CITY OF WOODBURN, OR

LEAGUE OF OREGON CITES

THE CITY OF HAPPY VALLEY OREGON

ALPINE, UT

ALTA, UT

ALTAMONT, UT

ALTON, UT

AMALGA, UT

AMERICAN FORK CITY, UT

ANNABELLA, UT

ANTIMONY, UT

APPLE VALLEY, UT

AURORA, UT

BALLARD, UT

BEAR RIVER CITY, UT

BEAVER, UT

BICKNELL, UT

BIG WATER, UT

BLANDING, UT

BLUFFDALE, UT

BOULDER, UT

CITY OF BOUNTIFUL, UT

BRIAN HEAD, UT

BRIGHAM CITY CORPORATION, UT

BRYCE CANYON CITY, UT

CANNONVILLE, UT

CASTLE DALE, UT

CASTLE VALLEY, UT

CITY OF CEDAR CITY, UT

CEDAR FORT, UT

CITY OF CEDAR HILLS, UT

CENTERFIELD, UT

CENTERVILLE CITY CORPORATION, UT

CENTRAL VALLEY, UT

CHARLESTON, UT

CIRCLEVILLE, UT

CLARKSTON, UT

CLAWSON, UT

CLEARFIELD, UT

CLEVELAND, UT

CLINTON CITY CORPORATION, UT

COALVILLE, UT

CORINNE, UT

CORNISH, UT

COTTONWOOD HEIGHTS, UT

DANIEL, UT

DELTA, UT

DEWEYVILLE, UT

DRAPER CITY, UT

DUCHESNE, UT

EAGLE MOUNTAIN, UT

EAST CARBON, UT

ELK RIDGE, UT

ELMO, UT

ELSINORE, UT

ELWOOD, UT

EMERY, UT

ENOCH, UT

ENTERPRISE, UT

EPHRAIM, UT

ESCALANTE, UT

EUREKA, UT

FAIRFIELD, UT

FAIRVIEW, UT

FARMINGTON, UT

FARR WEST, UT

FAYETTE, UT

FERRON, UT

FIELDING, UT

FILLMORE, UT

FOUNTAIN GREEN, UT

FRANCIS, UT

FRUIT HEIGHTS, UT

GARDEN CITY, UT

GARLAND, UT

GENOLA, UT

GLENDALE, UT

GLENWOOD, UT

GOSHEN, UT

GRANTSVILLE, UT

GREEN RIVER, UT

GUNNISON, UT

HANKSVILLE, UT

HARRISVILLE, UT

HATCH, UT

HEBER CITY CORPORATION, UT

HELPER, UT

HENEFER, UT

HENRIEVILLE, UT

HERRIMAN, UT

HIDEOUT, UT

HIGHLAND, UT

HILDALE, UT

HINCKLEY, UT

HOLDEN, UT

HOLLADAY, UT

HONEYVILLE, UT

HOOPER, UT

HOWELL, UT

HUNTINGTON, UT

HUNTSVILLE, UT

CITY OF HURRICANE, UT

HYDE PARK, UT

HYRUM, UT

INDEPENDENCE, UT

IVINS, UT

JOSEPH, UT

JUNCTION, UT

KAMAS, UT

KANAB, UT

KANARRAVILLE, UT

KANOSH, UT

KAYSVILLE, UT

KINGSTON, UT

KOOSHAREM, UT

LAKETOWN, UT

LA VERKIN, UT

LAYTON, UT

LEAMINGTON, UT

LEEDS, UT

LEHI CITY CORPORATION, UT

LEVAN, UT

LEWISTON, UT

LINDON, UT

LOA, UT

LOGAN CITY, UT
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Version August 12, 2021

LYMAN, UT

LYNNDYL, UT

MANILA, UT

MANTI, UT

MANTUA, UT

MAPLETON, UT

MARRIOTT-SLATERVILLE, UT

MARYSVALE, UT

MAYFIELD, UT

MEADOW, UT

MENDON, UT
MIDVALE CITY INC., UT

MIDWAY, UT

MILFORD, UT

MILLVILLE, UT

MINERSVILLE, UT

MOAB, UT

MONA, UT

MONROE, UT

CITY OF MONTICELLO, UT

MORGAN, UT

MORONI, UT

MOUNT PLEASANT, UT

MURRAY CITY CORPORATION, UT

MYTON, UT

NAPLES, UT

NEPHI, UT

NEW HARMONY, UT

NEWTON, UT

NIBLEY, UT

NORTH LOGAN, UT

NORTH OGDEN, UT

NORTH SALT LAKE CITY, UT

OAK CITY, UT

OAKLEY, UT

OGDEN CITY CORPORATION, UT

OPHIR, UT

ORANGEVILLE, UT

ORDERVILLE, UT

OREM, UT

PANGUITCH, UT

PARADISE, UT

PARAGONAH, UT

PARK CITY, UT

PAROWAN, UT

PAYSON, UT

PERRY, UT

PLAIN CITY, UT

PLEASANT GROVE CITY, UT

PLEASANT VIEW, UT

PLYMOUTH, UT

PORTAGE, UT

PRICE, UT

PROVIDENCE, UT

PROVO, UT

RANDOLPH, UT

REDMOND, UT

RICHFIELD, UT

RICHMOND, UT

RIVERDALE, UT

RIVER HEIGHTS, UT

RIVERTON CITY, UT

ROCKVILLE, UT

ROCKY RIDGE, UT

ROOSEVELT CITY CORPORATION, UT

ROY, UT

RUSH VALLEY, UT
CITY OF ST. GEORGE, UT

SALEM, UT

SALINA, UT

SALT LAKE CITY CORPORATION, UT

SANDY, UT

SANTA CLARA, UT

SANTAQUIN, UT

SARATOGA SPRINGS, UT

SCIPIO, UT

SCOFIELD, UT

SIGURD, UT

SMITHFIELD, UT

SNOWVILLE, UT

CITY OF SOUTH JORDAN, UT

SOUTH OGDEN, UT

CITY OF SOUTH SALT LAKE, UT

SOUTH WEBER, UT

SPANISH FORK, UT

SPRING CITY, UT

SPRINGDALE, UT

SPRINGVILLE, UT

STERLING, UT

STOCKTON, UT

SUNNYSIDE, UT

SUNSET CITY CORP, UT

SYRACUSE, UT

TABIONA, UT

CITY OF TAYLORSVILLE, UT

TOOELE CITY CORPORATION, UT

TOQUERVILLE, UT

TORREY, UT

TREMONTON CITY, UT

TRENTON, UT

TROPIC, UT

UINTAH, UT

VERNAL CITY, UT

VERNON, UT

VINEYARD, UT

VIRGIN, UT

WALES, UT

WALLSBURG, UT

WASHINGTON CITY, UT

WASHINGTON TERRACE, UT

WELLINGTON, UT

WELLSVILLE, UT

WENDOVER, UT

WEST BOUNTIFUL, UT

WEST HAVEN, UT

WEST JORDAN, UT

WEST POINT, UT

WEST VALLEY CITY, UT

WILLARD, UT

WOODLAND HILLS, UT

WOODRUFF, UT

WOODS CROSS, UT

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
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Version August 12, 2021

COOS COUNTY, OR

COOS COUNTY HIGHWAY DEPARTMENT, OR

COUNTY OF HAWAII, OR

CROOK COUNTY, OR

CROOK COUNTY ROAD DEPARTMENT, OR

CURRY COUNTY, OR

DESCHUTES COUNTY, OR

DOUGLAS COUNTY, OR

EAST BATON ROUGE PARISH, LA

GILLIAM COUNTY, OR

GRANT COUNTY, OR

HARNEY COUNTY, OR

HARNEY COUNTY SHERIFFS OFFICE, OR

HAWAII COUNTY, HI

HOOD RIVER COUNTY, OR

JACKSON COUNTY, OR

JEFFERSON COUNTY, OR

JEFFERSON PARISH, LA

JOSEPHINE COUNTY GOVERNMENT, OR

LAFAYETTE CONSOLIDATED GOVERNMENT, LA

LAFAYETTE PARISH, LA

LAFAYETTE PARISH CONVENTION & VISITORS

COMMISSION

LAFOURCHE PARISH, LA

KAUAI COUNTY, HI

KLAMATH COUNTY, OR

LAKE COUNTY, OR

LANE COUNTY, OR

LINCOLN COUNTY, OR

LINN COUNTY, OR

LIVINGSTON PARISH, LA

MALHEUR COUNTY, OR

MAUI COUNTY, HI

MARION COUNTY, SALEM, OR

MORROW COUNTY, OR

MULTNOMAH COUNTY, OR

MULTNOMAH COUNTY BUSINESS AND

COMMUNITY SERVICES, OR

MULTNOMAH COUNTY SHERIFFS OFFICE, OR

MULTNOMAH LAW LIBRARY, OR

ORLEANS PARISH, LA

PLAQUEMINES PARISH, LA

POLK COUNTY, OR

RAPIDES PARISH, LA

SAINT CHARLES PARISH, LA

SAINT CHARLES PARISH PUBLIC SCHOOLS, LA

SAINT LANDRY PARISH, LA

SAINT TAMMANY PARISH, LA

SHERMAN COUNTY, OR

TERREBONNE PARISH, LA

TILLAMOOK COUNTY, OR

TILLAMOOK COUNTY SHERIFF'S OFFICE, OR

TILLAMOOK COUNTY GENERAL HOSPITAL, OR

UMATILLA COUNTY, OR

UNION COUNTY, OR

WALLOWA COUNTY, OR

WASCO COUNTY, OR

WASHINGTON COUNTY, OR

WEST BATON ROUGE PARISH, LA

WHEELER COUNTY, OR

YAMHILL COUNTY, OR

COUNTY OF BOX ELDER, UT

COUNTY OF CACHE, UT

COUNTY OF RICH, UT

COUNTY OF WEBER, UT

COUNTY OF MORGAN, UT

COUNTY OF DAVIS, UT

COUNTY OF SUMMIT, UT

COUNTY OF DAGGETT, UT

COUNTY OF SALT LAKE, UT

COUNTY OF TOOELE, UT

COUNTY OF UTAH, UT

COUNTY OF WASATCH, UT

COUNTY OF DUCHESNE, UT

COUNTY OF UINTAH, UT

COUNTY OF CARBON, UT

COUNTY OF SANPETE, UT

COUNTY OF JUAB, UT

COUNTY OF MILLARD, UT

COUNTY OF SEVIER, UT

COUNTY OF EMERY, UT

COUNTY OF GRAND, UT

COUNTY OF BEVER, UT

COUNTY OF PIUTE, UT

COUNTY OF WAYNE, UT

COUNTY OF SAN JUAN, UT

COUNTY OF GARFIELD, UT

COUNTY OF KANE, UT

COUNTY OF IRON, UT

COUNTY OF WASHINGTON, UT

OTHER AGENCIES INCLUDING ASSOCIATIONS,

BOARDS, DISTRICTS, COMMISSIONS, COUNCILS,

PUBLIC CORPORATIONS, PUBLIC DEVELOPMENT

AUTHORITIES, RESERVATIONS AND UTILITIES
INCLUDING BUT NOT LIMITED TO:

ADAIR R.F.P.D., OR

ADEL WATER IMPROVEMENT DISTRICT, OR
ADRIAN R.F.P.D., OR

AGNESS COMMUNITY LIBRARY, OR
AGNESS-ILLAHE R.F.P.D., OR

AGRICULTURE EDUCATION SERVICE EXTENSION

DISTRICT, OR
ALDER CREEK-BARLOW WATER DISTRICT NO. 29,
OR

ALFALFA FIRE DISTRICT, OR
ALSEA R.F.P.D., OR

ALSEA RIVIERA WATER IMPROVEMENT DISTRICT,
OR

AMITY FIRE DISTRICT, OR

ANTELOPE MEADOWS SPECIAL ROAD DISTRICT, OR

APPLE ROGUE DISTRICT IMPROVEMENT COMPANY,
OR
APPLEGATE VALLEY R.F.P.D. #9, OR

ARCH CAPE DOMESTIC WATER SUPPLY DISTRICT,
OR

ARCH CAPE SANITARY DISTRICT, OR

ARNOLD IRRIGATION DISTRICT, OR

ASH CREEK WATER CONTROL DISTRICT, OR

ATHENA CEMETERY MAINTENANCE DISTRICT, OR
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
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Version August 12, 2021

BAR L RANCH ROAD DISTRICT, OR

BARLOW WATER IMPROVEMENT DISTRICT, OR

BASIN AMBULANCE SERVICE DISTRICT, OR

BASIN TRANSIT SERVICE TRANSPORTATION

DISTRICT, OR

BATON ROUGE WATER COMPANY

BAY AREA HEALTH DISTRICT, OR

BAYSHORE SPECIAL ROAD DISTRICT, OR

BEAR VALLEY SPECIAL ROAD DISTRICT, OR

BEAVER CREEK WATER CONTROL DISTRICT, OR

BEAVER DRAINAGE IMPROVEMENT COMPANY,
INC., OR

BEAVER SLOUGH DRAINAGE DISTRICT, OR

BEAVER SPECIAL ROAD DISTRICT, OR

BEAVER WATER DISTRICT, OR
BELLE MER S.I.G.L. TRACTS SPECIAL ROAD

DISTRICT, OR

BEND METRO PARK AND RECREATION DISTRICT
BENTON S.W.C.D., OR

BERNDT SUBDIVISION WATER IMPROVEMENT

DISTRICT, OR

BEVERLY BEACH WATER DISTRICT, OR
BIENVILLE PARISH FIRE PROTECTION DISTRICT 6,
LA

BIG BEND IRRIGATION DISTRICT, OR

BIGGS SERVICE DISTRICT, OR

BLACK BUTTE RANCH DEPARTMENT OF POLICE

SERVICES, OR
BLACK BUTTE RANCH R.F.P.D., OR

BLACK MOUNTAIN WATER DISTRICT, OR
BLODGETT-SUMMIT R.F.P.D., OR

BLUE MOUNTAIN HOSPITAL DISTRICT, OR

BLUE MOUNTAIN TRANSLATOR DISTRICT, OR

BLUE RIVER PARK & RECREATION DISTRICT, OR

BLUE RIVER WATER DISTRICT, OR
BLY R.F.P.D., OR

BLY VECTOR CONTROL DISTRICT, OR

BLY WATER AND SANITARY DISTRICT, OR

BOARDMAN CEMETERY MAINTENANCE DISTRICT,
OR

BOARDMAN PARK AND RECREATION DISTRICT
BOARDMAN R.F.P.D., OR

BONANZA BIG SPRINGS PARK & RECREATION

DISTRICT, OR

BONANZA MEMORIAL PARK CEMETERY DISTRICT,
OR
BONANZA R.F.P.D., OR

BONANZA-LANGELL VALLEY VECTOR CONTROL

DISTRICT, OR
BORING WATER DISTRICT #24, OR

BOULDER CREEK RETREAT SPECIAL ROAD

DISTRICT, OR
BRIDGE R.F.P.D., OR

BROOKS COMMUNITY SERVICE DISTRICT, OR
BROWNSVILLE R.F.P.D., OR

BUELL-RED PRAIRIE WATER DISTRICT, OR
BUNKER HILL R.F.P.D. #1, OR

BUNKER HILL SANITARY DISTRICT, OR

BURLINGTON WATER DISTRICT, OR

BURNT RIVER IRRIGATION DISTRICT, OR
BURNT RIVER S.W.C.D., OR
CALAPOOIA R.F.P.D., OR
CAMAS VALLEY R.F.P.D., OR

CAMELLIA PARK SANITARY DISTRICT, OR

CAMMANN ROAD DISTRICT, OR

CAMP SHERMAN ROAD DISTRICT, OR

CANBY AREA TRANSIT, OR
CANBY R.F.P.D. #62, OR

CANBY UTILITY BOARD, OR
CANNON BEACH R.F.P.D., OR

CANYONVILLE SOUTH UMPQUA FIRE DISTRICT, OR
CAPE FERRELO R.F.P.D., OR

CAPE FOULWEATHER SANITARY DISTRICT, OR

CARLSON PRIMROSE SPECIAL ROAD DISTRICT, OR

CARMEL BEACH WATER DISTRICT, OR
CASCADE VIEW ESTATES TRACT 2, OR

CEDAR CREST SPECIAL ROAD DISTRICT, OR

CEDAR TRAILS SPECIAL ROAD DISTRICT, OR
CEDAR VALLEY - NORTH BANK R.F.P.D., OR

CENTRAL CASCADES FIRE AND EMS, OR

CENTRAL CITY ECONOMIC OPPORTUNITY CORP, LA
CENTRAL LINCOLN P.U.D., OR

CENTRAL OREGON COAST FIRE & RESCUE

DISTRICT, OR

CENTRAL OREGON INTERGOVERNMENTAL

COUNCIL

CENTRAL OREGON IRRIGATION DISTRICT, OR

CHAPARRAL WATER CONTROL DISTRICT, OR

CHARLESTON FIRE DISTRICT, OR

CHARLESTON SANITARY DISTRICT, OR

CHARLOTTE ANN WATER DISTRICT, OR

CHEHALEM PARK & RECREATION DISTRICT, OR

CHEHALEM PARK AND RECREATION DISTRICT
CHEMULT R.F.P.D., OR
CHENOWITH WATER P.U.D., OR

CHERRIOTS, OR

CHETCO COMMUNITY PUBLIC LIBRARY DISTRICT,
OR

CHILOQUIN VECTOR CONTROL DISTRICT, OR
CHILOQUIN-AGENCY LAKE R.F.P.D., OR

CHINOOK DRIVE SPECIAL ROAD DISTRICT, OR

CHR DISTRICT IMPROVEMENT COMPANY, OR

CHRISTMAS VALLEY DOMESTIC WATER DISTRICT,
OR

CHRISTMAS VALLEY PARK & RECREATION

DISTRICT, OR
CHRISTMAS VALLEY R.F.P.D., OR

CITY OF BOGALUSA SCHOOL BOARD, LA
CLACKAMAS COUNTY FIRE DISTRICT #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
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Version August 12, 2021
COLUMBIA 911 COMMUNICATIONS DISTRICT, OR
COLUMBIA COUNTY 4-H & EXTENSION SERVICE

DISTRICT, OR

COLUMBIA DRAINAGE VECTOR CONTROL, OR

COLUMBIA IMPROVEMENT DISTRICT, OR
COLUMBIA R.F.P.D., OR

COLUMBIA RIVER FIRE & RESCUE, OR

COLUMBIA RIVER PUD, OR
COLUMBIA S.W.C.D., OR
COLUMBIA S.W.C.D., OR

CONFEDERATED TRIBES OF THE UMATILLA INDIAN

RESERVATION

COOS COUNTY AIRPORT DISTRICT, OR

COOS COUNTY AREA TRANSIT SERVICE DISTRICT,
OR

COOS FOREST PROTECTIVE ASSOCIATION
COOS S.W.C.D., OR
COQUILLE R.F.P.D., OR

COQUILLE VALLEY HOSPITAL DISTRICT, OR

CORBETT WATER DISTRICT, OR
CORNELIUS R.F.P.D., OR

CORP RANCH ROAD WATER IMPROVEMENT, OR
CORVALLIS R.F.P.D., OR

COUNTRY CLUB ESTATES SPECIAL WATER

DISTRICT, OR

COUNTRY CLUB WATER DISTRICT, OR

COUNTRY ESTATES ROAD DISTRICT, OR

COVE CEMETERY MAINTENANCE DISTRICT, OR

COVE ORCHARD SEWER SERVICE DISTRICT, OR
COVE R.F.P.D., OR
CRESCENT R.F.P.D., OR

CRESCENT SANITARY DISTRICT, OR

CRESCENT WATER SUPPLY AND IMPROVEMENT

DISTRICT, OR

CROOK COUNTY AGRICULTURE EXTENSION

SERVICE DISTRICT, OR

CROOK COUNTY CEMETERY DISTRICT, OR

CROOK COUNTY FIRE AND RESCUE, OR

CROOK COUNTY PARKS & RECREATION DISTRICT,
OR
CROOK COUNTY S.W.C.D., OR

CROOK COUNTY VECTOR CONTROL DISTRICT, OR
CROOKED RIVER RANCH R.F.P.D., OR

CROOKED RIVER RANCH SPECIAL ROAD DISTRICT,
OR

CRYSTAL SPRINGS WATER DISTRICT, OR
CURRY COUNTY 4-H & EXTENSION SERVICE

DISTRICT, OR

CURRY COUNTY PUBLIC TRANSIT SERVICE

DISTRICT, OR
CURRY COUNTY S.W.C.D., OR

CURRY HEALTH DISTRICT, OR

CURRY PUBLIC LIBRARY DISTRICT, OR
DALLAS CEMETERY DISTRICT #4, OR

DARLEY DRIVE SPECIAL ROAD DISTRICT, OR
DAVID CROCKETT STEAM FIRE COMPANY #1, LA
DAYS CREEK R.F.P.D., OR

DAYTON FIRE DISTRICT, OR

DEAN MINARD WATER DISTRICT, OR

DEE IRRIGATION DISTRICT, OR

DEER ISLAND DRAINAGE IMPROVEMENT

COMPANY, OR

DELL BROGAN CEMETERY MAINTENANCE

DISTRICT, OR
DEPOE BAY R.F.P.D., OR
DESCHUTES COUNTY 911 SERVICE DISTRICT, OR
DESCHUTES COUNTY R.F.P.D. #2, OR

DESCHUTES PUBLIC LIBRARY DISTRICT, OR
DESCHUTES S.W.C.D., OR

DESCHUTES VALLEY WATER DISTRICT, OR

DEVILS LAKE WATER IMPROVEMENT DISTRICT, OR
DEXTER R.F.P.D., OR

DEXTER SANITARY DISTRICT, OR
DORA-SITKUM R.F.P.D., OR
DOUGLAS COUNTY FIRE DISTRICT #2, OR
DOUGLAS S.W.C.D., OR
DRAKES CROSSING R.F.P.D., OR
DRRH SPECIAL ROAD DISTRICT #6, OR

DRY GULCH DITCH DISTRICT IMPROVEMENT

COMPANY, OR

DUFUR RECREATION DISTRICT, OR

DUMBECK LANE DOMESTIC WATER SUPPLY, OR
DUNDEE R.F.P.D., OR

DURKEE COMMUNITY BUILDING PRESERVATION

DISTRICT, OR

EAGLE POINT IRRIGATION DISTRICT, OR

EAGLE VALLEY CEMETERY MAINTENANCE

DISTRICT, OR
EAGLE VALLEY R.F.P.D., OR
EAGLE VALLEY S.W.C.D., OR

EAST FORK IRRIGATION DISTRICT, OR
EAST MULTNOMAH S.W.C.D., OR

EAST SALEM SERVICE DISTRICT, OR

EAST UMATILLA CHEMICAL CONTROL DISTRICT,
OR

EAST UMATILLA COUNTY AMBULANCE AREA

HEALTH DISTRICT, OR
EAST UMATILLA COUNTY R.F.P.D., OR

EAST VALLEY WATER DISTRICT, OR

ELGIN COMMUNITY PARKS & RECREATION

DISTRICT, OR

ELGIN HEALTH DISTRICT, OR
ELGIN R.F.P.D., OR

ELKTON ESTATES PHASE II SPECIAL ROAD

DISTRICT, OR
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
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Version August 12, 2021

GARDINER SANITARY DISTRICT, OR
GARIBALDI R.F.P.D., OR
GASTON R.F.P.D., OR
GATES R.F.P.D., OR
GEARHART R.F.P.D., OR
GILLIAM S.W.C.D., OR

GLENDALE AMBULANCE DISTRICT, OR
GLENDALE R.F.P.D., OR

GLENEDEN BEACH SPECIAL ROAD DISTRICT, OR

GLENEDEN SANITARY DISTRICT, OR

GLENWOOD WATER DISTRICT, OR

GLIDE - IDLEYLD SANITARY DISTRICT, OR
GLIDE R.F.P.D., OR
GOLD BEACH - WEDDERBURN R.F.P.D., OR

GOLD HILL IRRIGATION DISTRICT, OR

GOLDFINCH ROAD DISTRICT, OR
GOSHEN R.F.P.D., OR

GOVERNMENT CAMP ROAD DISTRICT, OR

GOVERNMENT CAMP SANITARY DISTRICT, OR

GRAND PRAIRIE WATER CONTROL DISTRICT, OR

GRAND RONDE SANITARY DISTRICT, OR

GRANT COUNTY TRANSPORTATION DISTRICT, OR
GRANT S.W.C.D., OR

GRANTS PASS IRRIGATION DISTRICT, OR
GREATER BOWEN VALLEY R.F.P.D., OR
GREATER ST. HELENS PARK & RECREATION

DISTRICT, OR

GREATER TOLEDO POOL RECREATION DISTRICT,
OR

GREEN KNOLLS SPECIAL ROAD DISTRICT, OR

GREEN SANITARY DISTRICT, OR
GREENACRES R.F.P.D., OR

GREENBERRY IRRIGATION DISTRICT, OR

GREENSPRINGS RURAL FIRE DISTRICT, OR

HAHLEN ROAD SPECIAL DISTRICT, OR

HAINES CEMETERY MAINTENANCE DISTRICT, OR

HAINES FIRE PROTECTION DISTRICT, OR
HALSEY-SHEDD R.F.P.D., OR
HAMLET R.F.P.D., OR
HARBOR R.F.P.D., OR

HARBOR SANITARY DISTRICT, OR
HARBOR WATER P.U.D., OR

HARNEY COUNTY HEALTH DISTRICT, OR
HARNEY S.W.C.D., OR

HARPER SOUTH SIDE IRRIGATION DISTRICT, OR

HARRISBURG FIRE AND RESCUE, OR
HAUSER R.F.P.D., OR

HAZELDELL RURAL FIRE DISTRICT, OR

HEBO JOINT WATER-SANITARY AUTHORITY, OR
HECETA WATER P.U.D., OR
HELIX CEMETERY MAINTENANCE DISTRICT #4, OR

HELIX PARK & RECREATION DISTRICT, OR
HELIX R.F.P.D. #7-411, OR

HEPPNER CEMETERY MAINTENANCE DISTRICT, OR
HEPPNER R.F.P.D., OR

HEPPNER WATER CONTROL DISTRICT, OR

HEREFORD COMMUNITY HALL RECREATION

DISTRICT, OR

HERMISTON CEMETERY DISTRICT, OR

HERMISTON IRRIGATION DISTRICT, OR

HIDDEN VALLEY MOBILE ESTATES IMPROVEMENT

DISTRICT, OR

HIGH DESERT PARK & RECREATION DISTRICT, OR

HIGHLAND SUBDIVISION WATER DISTRICT, OR

HONOLULU INTERNATIONAL AIRPORT

HOOD RIVER COUNTY LIBRARY DISTRICT, OR

HOOD RIVER COUNTY TRANSPORTATION DISTRICT,
OR
HOOD RIVER S.W.C.D., OR

HOOD RIVER VALLEY PARKS & RECREATION

DISTRICT, OR
HOODLAND FIRE DISTRICT #74
HOODLAND FIRE DISTRICT #74, OR

HORSEFLY IRRIGATION DISTRICT, OR
HOSKINS-KINGS VALLEY R.F.P.D., OR

HOUSING AUTHORITY OF PORTLAND
HUBBARD R.F.P.D., OR

HUDSON BAY DISTRICT IMPROVEMENT COMPANY,
OR

I N (KAY) YOUNG DITCH DISTRICT IMPROVEMENT

COMPANY, OR

ICE FOUNTAIN WATER DISTRICT, OR

IDAHO POINT SPECIAL ROAD DISTRICT, OR

IDANHA-DETROIT RURAL FIRE PROTECTION

DISTRICT, OR

ILLINOIS VALLEY FIRE DISTRICT
ILLINOIS VALLEY R.F.P.D., OR
ILLINOIS VALLEY S.W.C.D., OR
IMBLER R.F.P.D., OR
INTERLACHEN WATER P.U.D., OR

IONE LIBRARY DISTRICT, OR
IONE R.F.P.D. #6-604, OR

IRONSIDE CEMETERY MAINTENANCE DISTRICT, OR
IRONSIDE RURAL ROAD DISTRICT #5, OR

IRRIGON PARK & RECREATION DISTRICT, OR
IRRIGON R.F.P.D., OR

ISLAND CITY AREA SANITATION DISTRICT, OR

ISLAND CITY CEMETERY MAINTENANCE DISTRICT,
OR

JACK PINE VILLAGE SPECIAL ROAD DISTRICT, OR
JACKSON COUNTY FIRE DISTRICT #3, OR
JACKSON COUNTY FIRE DISTRICT #4, OR
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
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Version August 12, 2021
KEIZER R.F.P.D., OR

KELLOGG RURAL FIRE DISTRICT, OR

KENO IRRIGATION DISTRICT, OR

KENO PINES ROAD DISTRICT, OR
KENO R.F.P.D., OR

KENT WATER DISTRICT, OR

KERBY WATER DISTRICT, OR

K-GB-LB WATER DISTRICT, OR

KILCHIS WATER DISTRICT, OR
KLAMATH 9-1-1 COMMUNICATIONS DISTRICT, OR

KLAMATH BASIN IMPROVEMENT DISTRICT, OR

KLAMATH COUNTY DRAINAGE SERVICE DISTRICT,
OR

KLAMATH COUNTY EXTENSION SERVICE DISTRICT,
OR
KLAMATH COUNTY FIRE DISTRICT #1, OR
KLAMATH COUNTY FIRE DISTRICT #3, OR
KLAMATH COUNTY FIRE DISTRICT #4, OR
KLAMATH COUNTY FIRE DISTRICT #5, OR

KLAMATH COUNTY LIBRARY SERVICE DISTRICT,
OR

KLAMATH COUNTY PREDATORY ANIMAL

CONTROL DISTRICT, OR

KLAMATH DRAINAGE DISTRICT, OR

KLAMATH FALLS FOREST ESTATES SPECIAL ROAD
DISTRICT UNIT #2, OR

KLAMATH INTEROPERABILITY RADIO GROUP, OR

KLAMATH IRRIGATION DISTRICT, OR

KLAMATH RIVER ACRES SPECIAL ROAD DISTRICT,
OR
KLAMATH S.W.C.D., OR

KLAMATH VECTOR CONTROL DISTRICT, OR
KNAPPA-SVENSEN-BURNSIDE R.F.P.D., OR

LA GRANDE CEMETERY MAINTENANCE DISTRICT,
OR
LA GRANDE R.F.P.D., OR

LA PINE PARK & RECREATION DISTRICT, OR
LA PINE R.F.P.D., OR

LABISH VILLAGE SEWAGE & DRAINAGE, OR

LACOMB IRRIGATION DISTRICT, OR

LAFAYETTE AIRPORT COMMISSION, LA
LAFOURCHE PARISH HEALTH UNIT – DHH-OPH
REGION 3

LAIDLAW WATER DISTRICT, OR

LAKE CHINOOK FIRE & RESCUE, OR
LAKE COUNTY 4-H & EXTENSION SERVICE

DISTRICT, OR

LAKE COUNTY LIBRARY DISTRICT, OR
LAKE CREEK R.F.P.D. - JACKSON, OR
LAKE CREEK R.F.P.D. - LANE COUNTY, OR

LAKE DISTRICT HOSPITAL, OR
LAKE GROVE R.F.P.D. NO. 57, OR

LAKE GROVE WATER DISTRICT, OR

LAKE LABISH WATER CONTROL DISTRICT, OR

LAKE POINT SPECIAL ROAD DISTRICT, OR
LAKESIDE R.F.P.D. #4, OR

LAKESIDE WATER DISTRICT, OR
LAKEVIEW R.F.P.D., OR
LAKEVIEW S.W.C.D., OR

LAMONTAI IMPROVEMENT DISTRICT, OR

LANE FIRE AUTHORITY, OR

LANE LIBRARY DISTRICT, OR

LANE TRANSIT DISTRICT, OR

LANGELL VALLEY IRRIGATION DISTRICT, OR

LANGLOIS PUBLIC LIBRARY, OR
LANGLOIS R.F.P.D., OR

LANGLOIS WATER DISTRICT, OR

LAZY RIVER SPECIAL ROAD DISTRICT, OR

LEBANON AQUATIC DISTRICT, OR
LEBANON R.F.P.D., OR
LEWIS & CLARK R.F.P.D., OR

LINCOLN COUNTY LIBRARY DISTRICT, OR
LINCOLN S.W.C.D., OR

LINN COUNTY EMERGENCY TELEPHONE AGENCY,
OR
LINN S.W.C.D., OR

LITTLE MUDDY CREEK WATER CONTROL, OR

LITTLE NESTUCCA DRAINAGE DISTRICT, OR

LITTLE SWITZERLAND SPECIAL ROAD DISTRICT, OR

LONE PINE IRRIGATION DISTRICT, OR

LONG PRAIRIE WATER DISTRICT, OR

LOOKINGGLASS OLALLA WATER CONTROL

DISTRICT, OR

LOOKINGGLASS RURAL FIRE DISTRICT, OR
LORANE R.F.P.D., OR

LOST & BOULDER DITCH IMPROVEMENT DISTRICT,
OR

LOST CREEK PARK SPECIAL ROAD DISTRICT, OR

LOUISIANA PUBLIC SERVICE COMMISSION, LA

LOUISIANA WATER WORKS
LOWELL R.F.P.D., OR
LOWER MCKAY CREEK R.F.P.D., OR

LOWER MCKAY CREEK WATER CONTROL

DISTRICT, OR

LOWER POWDER RIVER IRRIGATION DISTRICT, OR

LOWER SILETZ WATER DISTRICT, OR

LOWER UMPQUA HOSPITAL DISTRICT, OR

LOWER UMPQUA PARK & RECREATION DISTRICT,
OR

LOWER VALLEY WATER IMPROVEMENT DISTRICT,
OR
LUCE LONG DITCH DISTRICT IMPROVEMENT CO.,
OR

LUSTED WATER DISTRICT, OR
LYONS R.F.P.D., OR

LYONS-MEHAMA WATER DISTRICT, OR

MADRAS AQUATIC CENTER DISTRICT, OR

MAKAI SPECIAL ROAD DISTRICT, OR
MALHEUR COUNTY S.W.C.D., OR

MALHEUR COUNTY VECTOR CONTROL DISTRICT,
OR

MALHEUR DISTRICT IMPROVEMENT COMPANY, OR

MALHEUR DRAINAGE DISTRICT, OR

MALHEUR MEMORIAL HEALTH DISTRICT, OR

MALIN COMMUNITY CEMETERY MAINTENANCE

DISTRICT, OR

MALIN COMMUNITY PARK & RECREATION

DISTRICT, OR

MALIN IRRIGATION DISTRICT, OR
MALIN R.F.P.D., OR

MAPLETON FIRE DEPARTMENT, OR

MAPLETON WATER DISTRICT, OR

MARCOLA WATER DISTRICT, OR
MARION COUNTY EXTENSION & 4H SERVICE

DISTRICT, OR
MARION COUNTY FIRE DISTRICT #1, OR

MARION JACK IMPROVEMENT DISTRICT, OR
MARION S.W.C.D., OR

MARY'S RIVER ESTATES ROAD DISTRICT, OR

MCDONALD FOREST ESTATES SPECIAL ROAD

DISTRICT, OR

MCKAY ACRES IMPROVEMENT DISTRICT, OR
MCKAY DAM R.F.P.D. # 7-410, OR

MCKENZIE FIRE & RESCUE, OR

MCKENZIE PALISADES WATER SUPPLY

CORPORATION, OR
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Version August 12, 2021
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
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
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Version August 12, 2021

PACIFIC CITY JOINT WATER-SANITARY

AUTHORITY, OR

PACIFIC COMMUNITIES HEALTH DISTRICT, OR
PACIFIC RIVIERA #3 SPECIAL ROAD DISTRICT, OR

PALATINE HILL WATER DISTRICT, OR

PALMER CREEK WATER DISTRICT IMPROVEMENT

COMPANY, OR

PANORAMIC ACCESS SPECIAL ROAD DISTRICT, OR

PANTHER CREEK ROAD DISTRICT, OR

PANTHER CREEK WATER DISTRICT, OR
PARKDALE R.F.P.D., OR

PARKDALE SANITARY DISTRICT, OR
PENINSULA DRAINAGE DISTRICT #1, OR
PENINSULA DRAINAGE DISTRICT #2, OR

PHILOMATH FIRE AND RESCUE, OR

PILOT ROCK CEMETERY MAINTENANCE DISTRICT
#5, OR

PILOT ROCK PARK & RECREATION DISTRICT, OR
PILOT ROCK R.F.P.D., OR

PINE EAGLE HEALTH DISTRICT, OR

PINE FLAT DISTRICT IMPROVEMENT COMPANY, OR

PINE GROVE IRRIGATION DISTRICT, OR

PINE GROVE WATER DISTRICT-KLAMATH FALLS,
OR

PINE GROVE WATER DISTRICT-MAUPIN, OR

PINE VALLEY CEMETERY DISTRICT, OR
PINE VALLEY R.F.P.D., OR

PINEWOOD COUNTRY ESTATES SPECIAL ROAD

DISTRICT, OR

PIONEER DISTRICT IMPROVEMENT COMPANY, OR

PISTOL RIVER CEMETERY MAINTENANCE

DISTRICT, OR

PISTOL RIVER FIRE DISTRICT, OR
PLEASANT HILL R.F.P.D., OR

PLEASANT HOME WATER DISTRICT, OR

POCAHONTAS MINING AND IRRIGATION DISTRICT,
OR

POE VALLEY IMPROVEMENT DISTRICT, OR

POE VALLEY PARK & RECREATION DISTRICT, OR

POE VALLEY VECTOR CONTROL DISTRICT, OR
POLK COUNTY FIRE DISTRICT #1, OR
POLK S.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

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
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Version August 12, 2021

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

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
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Version August 12, 2021

TOBIN DITCH DISTRICT IMPROVEMENT COMPANY,
OR
TOLEDO R.F.P.D., OR

TONE WATER DISTRICT, OR

TOOLEY WATER DISTRICT, OR

TRASK DRAINAGE DISTRICT, OR
TRI CITY R.F.P.D. #4, OR

TRI-CITY WATER & SANITARY AUTHORITY, OR

TRI-COUNTY METROPOLITAN TRANSPORTATION

DISTRICT OF OREGON

TRIMET, OR

TUALATIN HILLS PARK & RECREATION DISTRICT

TUALATIN HILLS PARK & RECREATION DISTRICT,
OR
TUALATIN S.W.C.D., OR

TUALATIN VALLEY FIRE & RESCUE

TUALATIN VALLEY FIRE & RESCUE, OR

TUALATIN VALLEY IRRIGATION DISTRICT, OR

TUALATIN VALLEY WATER DISTRICT

TUALATIN VALLEY WATER DISTRICT, OR

TUMALO IRRIGATION DISTRICT, OR

TURNER FIRE DISTRICT, OR

TWIN ROCKS SANITARY DISTRICT, OR

TWO RIVERS NORTH SPECIAL ROAD DISTRICT, OR
TWO RIVERS S.W.C.D., OR

TWO RIVERS SPECIAL ROAD DISTRICT, OR
TYGH VALLEY R.F.P.D., OR

TYGH VALLEY WATER DISTRICT, OR
UMATILLA COUNTY FIRE DISTRICT #1, OR
UMATILLA COUNTY S.W.C.D., OR

UMATILLA COUNTY SPECIAL LIBRARY DISTRICT,
OR

UMATILLA HOSPITAL DISTRICT, OR
UMATILLA R.F.P.D. #7-405, OR

UMATILLA-MORROW RADIO AND DATA DISTRICT,
OR
UMPQUA S.W.C.D., OR

UNION CEMETERY MAINTENANCE DISTRICT, OR

UNION COUNTY SOLID WASTE DISPOSAL DISTRICT,
OR

UNION COUNTY VECTOR CONTROL DISTRICT, OR

UNION GAP SANITARY DISTRICT, OR

UNION GAP WATER DISTRICT, OR

UNION HEALTH DISTRICT, OR
UNION R.F.P.D., OR
UNION S.W.C.D., OR

UNITY COMMUNITY PARK & RECREATION

DISTRICT, OR

UPPER CLEVELAND RAPIDS ROAD DISTRICT, OR
UPPER MCKENZIE R.F.P.D., OR
UPPER WILLAMETTE S.W.C.D., OR

VALE OREGON IRRIGATION DISTRICT, OR

VALE RURAL FIRE PROTECTION DISTRICT, OR

VALLEY ACRES SPECIAL ROAD DISTRICT, OR

VALLEY VIEW CEMETERY MAINTENANCE

DISTRICT, OR

VALLEY VIEW WATER DISTRICT, OR

VANDEVERT ACRES SPECIAL ROAD DISTRICT, OR
VERNONIA R.F.P.D., OR

VINEYARD MOUNTAIN PARK & RECREATION

DISTRICT, OR

VINEYARD MOUNTAIN SPECIAL ROAD DISTRICT,
OR

WALLA WALLA RIVER IRRIGATION DISTRICT, OR

WALLOWA COUNTY HEALTH CARE DISTRICT, OR

WALLOWA LAKE COUNTY SERVICE DISTRICT, OR

WALLOWA LAKE IRRIGATION DISTRICT, OR
WALLOWA LAKE R.F.P.D., OR
WALLOWA S.W.C.D., OR
WALLOWA VALLEY IMPROVEMENT DISTRICT #1,
OR
WAMIC R.F.P.D., OR

WAMIC WATER & SANITARY AUTHORITY, OR

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
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Version August 12, 2021

YOUNGS RIVER-LEWIS & CLARK WATER DISTRICT,
OR
ZUMWALT R.F.P.D., OR

K-12 INCLUDING BUT NOT LIMITED TO:

ACADIA PARISH SCHOOL BOARD

BEAVERTON SCHOOL DISTRICT

BEND-LA PINE SCHOOL DISTRICT

BOGALUSA HIGH SCHOOL, LA

BOSSIER PARISH SCHOOL BOARD

BROOKING HARBOR SCHOOL DISTRICT

CADDO PARISH SCHOOL DISTRICT

CALCASIEU PARISH SCHOOL DISTRICT

CANBY SCHOOL DISTRICT

CANYONVILLE CHRISTIAN ACADEMY

CASCADE SCHOOL DISTRICT

CASCADES ACADEMY OF CENTRAL OREGON

CENTENNIAL SCHOOL DISTRICT

CENTRAL CATHOLIC HIGH SCHOOL
CENTRAL POINT SCHOOL DISTRICT NO.6
CENTRAL SCHOOL DISTRICT 13J
COOS BAY SCHOOL DISTRICT NO.9
CORVALLIS SCHOOL DISTRICT 509J
COUNTY OF YAMHILL SCHOOL DISTRICT 29

CULVER SCHOOL DISTRICT
DALLAS SCHOOL DISTRICT NO.2

DAVID DOUGLAS SCHOOL DISTRICT
DAYTON SCHOOL DISTRICT NO.8

DE LA SALLE N CATHOLIC HS
DESCHUTES COUNTY SCHOOL DISTRICT NO.6

DOUGLAS EDUCATIONAL DISTRICT SERVICE
DUFUR SCHOOL DISTRICT NO.29

EAST BATON ROUGE PARISH SCHOOL DISTRICT
ESTACADA SCHOOL DISTRICT NO.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

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
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Version August 12, 2021

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

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
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Version August 12, 2021

OREGON INSTITUTE OF TECHNOLOGY

OREGON STATE UNIVERSITY

OREGON UNIVERSITY SYSTEM

PACIFIC UNIVERSITY

PIONEER PACIFIC COLLEGE

PORTLAND COMMUNITY COLLEGE

PORTLAND STATE UNIVERSITY

REED COLLEGE

RESEARCH CORPORATION OF THE UNIVERSITY OF
HAWAII

ROGUE COMMUNITY COLLEGE

SOUTHEASTERN LOUISIANA UNIVERSITY

SOUTHERN OREGON UNIVERSITY (OREGON

UNIVERSITY SYSTEM)

SOUTHWESTERN OREGON COMMUNITY COLLEGE

TULANE UNIVERSITY

TILLAMOOK BAY COMMUNITY COLLEGE

UMPQUA COMMUNITY COLLEGE

UNIVERSITY OF HAWAII BOARD OF REGENTS

UNIVERSITY OF HAWAII-HONOLULU COMMUNITY

COLLEGE

UNIVERSITY OF OREGON-GRADUATE SCHOOL

UNIVERSITY OF PORTLAND

UNIVERSITY OF NEW ORLEANS

WESTERN OREGON UNIVERSITY

WESTERN STATES CHIROPRACTIC COLLEGE

WILLAMETTE UNIVERSITY

XAVIER UNIVERSITY

UTAH SYSTEM OF HIGHER EDUCATION, UT

UNIVERSITY OF UTAH, UT

UTAH STATE UNIVERSITY, UT

WEBER STATE UNIVERSITY, UT

SOUTHERN UTAH UNIVERSITY, UT

SNOW COLLEGE, UT

DIXIE STATE COLLEGE, UT

COLLEGE OF EASTERN UTAH, UT

UTAH VALLEY UNIVERSITY, UT

SALT LAKE COMMUNITY COLLEGE, UT

UTAH COLLEGE OF APPLIED TECHNOLOGY, UT

STATE AGENCIES
ADMIN. SERVICES OFFICE

BOARD OF MEDICAL EXAMINERS

HAWAII CHILD SUPPORT ENFORCEMENT AGENCY

HAWAII DEPARTMENT OF TRANSPORTATION

HAWAII HEALTH SYSTEMS CORPORATION

OFFICE OF MEDICAL ASSISTANCE PROGRAMS

OFFICE OF THE STATE TREASURER

OREGON BOARD OF ARCHITECTS

OREGON CHILD DEVELOPMENT COALITION

OREGON DEPARTMENT OF EDUCATION

OREGON DEPARTMENT OF FORESTRY

OREGON DEPT OF TRANSPORTATION
OREGON DEPT. OF EDUCATION

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, 26

TH JUDICIAL DISTRICT

ATTORNEY

STATE OF UTAH
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

UNIVERSITY OF NEBRASKA
MASTER AGREEMENT #3544-21-4615
for
Body Worn Cameras and Related Products and Services
with
Axon Enterprise, Inc.

Effective: December 21, 2022

Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 The following documents comprise the executed contract between The University of Nebraska and Axon Enterprise, Inc., effective December 21, 2022:

I. Master Agreement
II. The University of Nebraska – RFP #3544-21-4615, incorporated by reference III. Supplier’s Response to the RFP, incorporated by reference Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Revised November 2020

UNIVERSITY OF NEBRASKA

MASTER AGREEMENT
3544-21-4615

This Master Agreement (the “Agreement”) sets forth the terms between The Board of Regents of the University of Nebraska a public body corporate and governing body of the University of Nebraska for and on behalf of the University of Nebraska Medical Center, having an address at 3835 Holdrege Street, Lincoln, NE 68583 (the “University”) and Axon Enterprise, Inc., having an address at17800 N. 85th Street, Scottsdale, Arizona 85255 (the “Service Provider”) with regard to the performance by Service Provider of the services contemplated herein.

RECITALS

WHEREAS, the University desires to obtain the services of the Service Provider; and

WHEREAS, the Service Provider claims to have expertise and experience to provide such services for the University;

THEREFORE, the University and the Service Provider hereby agree to the following terms, obligations and conditions
:

1. Description of Services. The Service Provider
agrees to perform such professional services, with the
standard of professional care and skill customarily
provided in the performance of such services, and shall use its best efforts to render the services and provide the deliverables identified in an attached proposal and/or
scope of work for each engagement which references
this Agreement, and in accordance with the
supplemental terms attached hereto as Attachment A
and Appendix A . The Service Provider agrees to perform the Services to the satisfaction of the University during the term of this Agreement. The attachments, appendices,
addendums, any exhibits and schedules hereto are an
integral part of this Agreement and are deemed
incorporated by reference herein.

2. Payment. In full consideration for the Services
performed by the Service Provider under this
Agreement, the University shall pay or cause to be
paid to the Service Provider the total fee and any
incidentals pursuant to the schedule identified in
attached documents, including but not limited to
quotes and order forms, to this Agreement, attached
hereto and incorporated by reference herein, and upon
submission of an invoice to University by the Service
Provider. Any additional incidental or reimbursable
expenses not described in Exhibit A must be agreed to
in writing by an authorized University representative.

Along with its invoice, the Service Provider shall
submit adequate receipts and documentation as
requested by the University to support reimbursement
of all previously agreed upon incidental or reimbursable expenses. Service Provider is expected to comply with
applicable policies and procedures, including but not
limited to those stated within the University of
Nebraska Travel Policy (accessible at
https://nebraska.edu/-/media/unca/docs/offices -and-
policies/policies/policies/university-of-nebraska-travel- policy.pdf). The University, in its sole discretion, may decline to reimburse incidental or reimbursable expenses that fail to comply with applicable policies and procedures. All
payments due to Service Provider shall be made on a net 30 day basis. The Service Provider agrees that it is solely responsible for payment of income, social security, and other employment taxes due to the proper taxing authorities, and that the University will not deduct such taxes f rom any payments to the Service Provider hereunder, unless required by law.

3. Term. The term of this Agreement shall begin on the date fully executed and remain in place for five (5) year(s).

The contract may be renewed, by mutual agreement of both parties, in writing for three (3) additional one (1) year periods upon completion of the initial base contract period, provided written mutual concurrence of both parties is exercised in writing prior to the expiration of the existing contract. The length of the contract in its entirety will not exceed eight (8) years (“Term”). The University of Nebraska reserves the right to contract certain work as needed to provide emergency or timely services, introduction of new technology and/or as a result of general market conditions.

4. Confidentiality. "Confidential Information" shall mean any materials, written information, and data marked
"Confidential" by the University , non-written information and data disclosed by the University that is identified at the time of disclosure to the Service Provider as confidential and is reduced to writing and transmitted to the Service Provider within thirty (30) days of such non-written disclosure, or information that, given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential. The Service Provider agrees to use the same degree of care it uses to protect its own confidential information DocuSign Envelope ID: C8B1B8C7-E10A-4C23-A23F-9B48865A148F Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Revised November 2020
and, to the extent permitted by law, to maintain the
Confidential Information in strict confidence for a period of three (3) years from the date of termination of this
Agreement. The obligations of this paragraph do not apply to information in the public domain or information that is independently known, obtained or discovered by the
Service Provider, or that is hereafter supplied to the
Service Provider by a third party without restriction.

5. Ownership Intellectual Property Rights.

Service Provider owns and reserves all right, title, and interest in goods and services and suggestions to Service Provider, including all related intellectual property rights.

The University will not intentionally cause any Service Provider proprietary rights to be violated.

6. Termination. In the event that either party
commits a material breach of this Agreement and fails to remedy or cure such breach within thirty (30) days after receipt of written notice thereof from the non-breaching party, the non-breaching party may, at its option and in addition to any other remedies which it may have at law or in equity, terminate this Agreement by sending written
notice of termination to the other party. Such termination shall be effective as of the date of its receipt.

Additionally, the University may terminate this Agreement for its convenience upon thirty (30) days prior written notice to the Service Provider. Upon any termination, the University shall promptly pay the Service Provider for all services rendered and costs incurred up to and including the effective date of termination or Service Provider will refund to University a prorated share of any prepaid
fees.

7. Representations and Warranties. The Service
Provider represents and warrants that in performing the Services it will not be in breach of any agreement with a third party. The Service Provider agrees to hold
University and its respective assigns and licensees
harmless from any loss, damage or expense, including
court costs and reasonable attorneys' fees, that
University and its assigns and licensees may suffer as a result of a breach or alleged breach of the foregoing
warranties or as a result of claims or actions of any kind or nature resulting f rom the provision of the Services or any infringement of any United States patent, copyright, trade infringement, or other intellectual property right arising out of the manufacturer, delivery and use of any goods or Services by the University. Services Provider’s indemnification obligations within this paragraph do not extend to claims do not apply to claims based on (a)
modification of the goods or services by the University or a third party not approved by Service Provider; (b) use of the goods or services in combination with hardware or services not approved by Service Provider; (c) use of goods or
services in a manner other than as permitted in this
Agreement; or (d) use of infringing software that is not the most current release provided by Service Provider.

Each party war rants and represents that it has full power and authority to enter into and perform this Agreement, and that the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement.

8. Independent Service Provider. The Service
Provider is an independent Service Provider and is solely responsible for maintenance and payment of any and all taxes, insurances and the like that may be required by federal, state or local law with respect to any sums paid hereunder. The Service Provider is not the University’s agent or
representative and has no authority to bind or commit the University to any agreements or other obligations.

9. Liability. Service Provider agrees to indemnify and hold the University, its regents, officers, employees, agents and students, harmless from any loss, claim, damage or liability of any kind brought by a third party, to the extent arising out of or in connection with the negligent or willfully wrongful performance of the Services by the Service Provider.

10. Insurance. The Service Provider shall at its own
expense obtain and maintain throughout the term of this Agreement general commercial liability insurance against claims for bodily injury, death and property damage with limits of not less than one million dollars ($1,000,000) per occurrence, and three million dollars ($3,000,000) general aggregate, naming The Board of Regents of the University of Nebraska as an additional insured, to cover such liability caused by, or arising out of, activities of the Service Provider and its agents and/or employees while engaged in or preparing for the provision of the Services. The Service Provider shall furnish to the University certificates of insurance evidencing that such insurance has been procured prior to commencement of such work.

11. Assignment. This Agreement is non -assignable and
non-transferrable. Any attempt by either party to assign its obligations hereunder shall be void. The foregoing restriction on assignment shall not apply to a transfer to any of Service Provider’s affiliates or to any successor corporation as the result of a merger, acquisition or internal reorganization.

12. Amendment. This Agreement constitutes the entire
understanding between the Service Provider and the
University with respect to the subject matter hereof and may not be amended except by an agreement signed by the
Service Provider and an authorized representative of the University.

13. Governing Law and Forum. This Agreement shall be
governed by the laws of the State of Nebraska without giving effect to its conflicts of laws provisions. Any legal actions brought by either party hereunder shall be in the District Court of Lancaster County, Nebraska.

14. Conflict of Interest. No article or service shall be DocuSign Envelope ID: C8B1B8C7-E10A-4C23-A23F-9B48865A148F Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Revised November 2020
purchased f rom any University faculty or staff member
without prior approval by the Vice Chancellor of Business and Finance and any such approved purchase shall
comply fully with the requirements of the conflict of interest provisions of the Nebraska Political Accountability and Disclosure Act, Neb. Rev. Stat., §§ 49-1493 through 49- 14,104.

Service Provider certifies, to the best of its knowledge and belief, that there are no potential organizational conflicts of interest related to this Agreement. If Service Provider cannot so certify, it shall provide a disclosure statement to the University, which describes all relevant information concerning any potential conflict of interest under this Agreement. In the event the potential conflict of interest cannot be resolved, the University may declare this
Agreement void and of no further force or effect and the University shall have no further obligations hereunder.

15. Personal Use Prohibited. University funds
shall not be expended for articles or services which are for the personal use of staff or faculty members.

16. Work Status Verification. The Service
Provider and its subcontractors shall use a federal
immigration verification system to determine the work
eligibility status of new employees physically performing services within the State of Nebraska pursuant to Neb.

Rev. Stat. §§ 4-108 to 4-114 as amended.

17. Debarment List. No contract shall be awarded
to any Service Provider/Bidder listed on the General
Services Administration’s List of Parties Excluded f rom Federal Procurement or Nonprocurement Programs in
accordance with Executive Orders 12549 and 12689,
“Debarment and Suspension,” (the “Debarment List”).

For contracts which in the aggregate exceed $25,000,
Service Provider/Bidder specifically warrants and
represents that it is not included on the Debarment List.

Service Provider/Bidder further agrees that should it be included on the Debarment List at the time the
contract/proposal is awarded, or at any time during which it performs its contractual obligations pursuant to the contract, such listing shall be considered a material
breach of the contract between the University and the
Service Provider.

18. Change Proposals. Material changes in
scope, rush delivery, rework of items already
approved or requests for additional revision cycles,
services and/or deliverables beyond those listed herein hereafter known as change orders, shall not be effective until authorized representatives of both Parties execute a mutually acceptable written change order to this
Agreement. Any fees arising from change orders,
additional services, or deliverables not reflected
herein will be invoiced upon completion. Change
orders agreed to by email shall be valid and enforceable as if made part of this Agreement.

19. Taxpayer Transparency Act. Pursuant to
Nebraska’s Taxpayer Transparency Act (Neb. Rev. Stat. §84- 602.01, as may be amended), as of July 1, 2014, the University of Nebraska is required to provide the Nebraska Department of Administrative Services with a copy of each contract that is a basis for an expenditure of state funds, including any documents incorporated by reference in the contract. Copies of all such contracts and documents are published by the Nebraska
Department of Administrative Services at
www.nebraskaspending.gov. It shall be the sole responsibility of the Service Provider to notify the University of any redactions to such contracts and documents under Neb. Rev. Stat. 84-
712.05(3) prior to contract execution. In addition, Supplier agrees to defend any challenge to such redactions at its own expense.

20. Equal Opportunity. This Service Provider and
subcontractors shall abide by the requirements of 41
CFR 60-1.4(a), 60-300.5(a) and 60-741.5(a). These
regulations prohibit discrimination against qualified
individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national
origin. Moreover, these regulations require that covered Service Providers and subcontractors take affirmative
action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, disability or veteran status.

21. Nondiscrimination . In accordance with the
Nebraska Fair Employment Practice Act, Neb. Rev. Stat. §48- 1122, Service Provider agrees that neither it nor any of its subcontractors shall discriminate against any employee, or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privilege of employment because of the race, color, religion, sex, disability, or national origin of the employee or applicant.

22. Logos or University Marks. The Service Provider
shall not use or display any University campus name, logo, trademark, service mark (individually a “Mark” and collectively the “Marks”) and/or other indicia designated by the University as a source identifier, unless expressly authorized in writing by the University. Any unauthorized use of University Marks is expressly prohibited.

23. Right to Audit Privilege. The University reserves the right to audit or inspect work performed by the Service Provider under this Agreement. The University may participate directly or through an appointed representative, e.g. external auditor, in order to verify that the Services related to this Agreement have been performed in accordance to the
DocuSign Envelope ID: C8B1B8C7-E10A-4C23-A23F-9B48865A148F Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Revised November 2020
procedures indicated.

24. Continuation of Services. Service Provider
agrees to continue to honor its ongoing obligations under this Agreement without interruption in the event of a
bonafide dispute concerning payment or a dispute
concerning any provision of this Agreement which may
include time spent negotiating renewals.

25. Purchase Order Requirement. A Purchase
Order shall be issued by the University to the Service
Provider for payment in accordance with the terms of this Agreement. All invoice(s) submitted by the Service Provider shall make reference to the appropriate Purchase Order
number to be eligible for payment.

26. Compliance. Service Provider will comply with all
applicable laws, rules, regulations, ordinances and
University policies in providing the Services.

27. Incorporation and Priority of Documents.

Each document that is ancillary to this Agreement
(including without limitation any solicitation, purchase order, addendum, exhibit, appendix, bid, proposal,
quotation, or statement of work) (“Ancillary Document”) constitutes part of this Agreement if the Ancillary
Document is signed by an authorized signatory from
each party. Notwithstanding the foregoing, any Ancillary Document attached to the Agreement at execution
constitutes part of this Agreement without execution of the Ancillary Document by the parties.

Notwithstanding any provision to the contrary in any of the following documents, precedence is established by the order of the following documents: 1) duly executed amendments to this Agreement (to the extent not superseded by a subsequent amendment); 2) this Agreement and any solicitation, purchase order, addendum, exhibit, attachment, or appendix issued by the University and incorporated by reference into this
Agreement; and 3) each bid, proposal, quotation, statement of work, or other Ancillary Document incorporated by reference into this Agreement. In the event of conflicting or inconsistent provisions between any of the foregoing documents, a
document identified with a lower numerical value in this section shall supersede a document identified with a higher numerical value in this section to the e xtent necessary to resolve any such conflict or inconsistency. Provided, however, that in the event an issue is addressed in one of the foregoing documents but is not addressed in another of such documents, no conflict or inconsistency shall be deemed to o ccur. Where terms and conditions specified in the Service Provider’s bid, proposal, or quotation differ from the terms and conditions in University’s solicitation, the terms and conditions in the solicitation shall apply. Where terms and conditions specified in the Service Provider’s bid, proposal, or quotation supplement the terms and conditions in University’s solicitation, the supplemental terms and conditions shall apply only if specifically accepted by University in writing.

The rest of this page is left intentionally blank.

DocuSign Envelope ID: C8B1B8C7-E10A-4C23-A23F-9B48865A148F Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4 Revised November 2020
The Board of Regents of the University of Nebraska (the University)

Signature: Date:

Printed Name:

Title:

Full Legal Name of Undersigned (the Undersigned)

Signature: Date:

Printed Name:

Title:

I affirm that if I am an employee of the University of Nebraska, I have notified buyer of my status as such and that this contract must be completed in accordance with Board of Regents Policy 6.2.1.12, Purchases Involving University Personnel.

With copies provided to:

University Procurement Services
ATTN: Contract Administration
1700 Y Street
Lincoln, NE 68588

Notice. Any notice to either party hereunder shall be in writing and shall be served either personally or by registered or certified mail addressed to the following individuals:

To the Service Provider: To the University:

Axon Enterprise, Inc.

Attn: General Counsel
DocuSign Envelope ID: C8B1B8C7-E10A-4C23-A23F-9B48865A148F Robert E Driscoll
17800 N 85th Street
Scottsdale, AZ 85255
12/16/2022 | 12:06 PM MST
VP, Assoc. General Counsel
Lincoln, NE 68588-0645
C/O P2P Procurement Contracts
1700 Y Street, BSC 125
Legal Notices
Senior VP | CFO
12/21/22 | 12:48 CST
Chris Kabourek
Docusign Envelope ID: 0B1C761D-5530-4CD7-9A34-38FE5E1CF0E4

Attachment A to University of Nebraska Master
Agreement

Title: [Title]

Page 1 of 55 ends

Gardena City CouncilJune 10, 2025

Gardena City Council
June 10, 2025