Montebello City Council
September 13, 2023

Section 03
Schedule

15City of Montebello: RFP No. 23-9

PROJECT SCHEDULE
As noted in the previous section, Tasks 1 through 4 and 7 can be effectively grouped as environmental- related activities and Tasks 4, 5 and 6 as engineering related activities for completion of this project.

Atlas is prepared to initiate these services upon your written notification to proceed. We anticipate these tasks can be completed within 90 days from receiving notice to proceed and receiving the reports and other supporting project documentation requiring our review.

PROJECT SCHEDULE

Section 04
Project Examples

17City of Montebello: RFP No. 23-9

PROJECT EXAMPLES
City of Lincoln, CA – Closed Landfill Groundwater Monitoring and Reporting
The Closed Lincoln Landfill operated as a permitted Class III landfill, located in Placer County, California, owned and operated by the City of Lincoln. In June 2013, ATC Group Services LLC (now part of Atlas) was retained by the City of Lincoln to administer the groundwater monitoring and reporting program in accordance with the site’s Waste Discharge Requirements. Upon receipt of the contract, Atlas evaluated the monitoring and sampling data and recognized the possibility for a reduction in sampling for the site. The reduction has been proposed to the RWQCB, and pending approval, will allow for a more focused and efficient evaluation of site conditions. Field activities include measuring depth to water in 17 wells and two dual-nested piezometers, collecting groundwater samples from 17 groundwater wells, collecting surface water samples from two sampling points, performing vegetation management and site maintenance, and performing SWPPP inspections and monitoring. Groundwater and surface water samples are analyzed for general minerals, metals, and volatile organics. This contract was renewed in 2018 and again in 2022 for an additional five year term.

Santa Cruz, CA – Landfill Groundwater Monitoring and Reporting The Santa Cruz Sanitary Landfill is a permitted Class III landfill, located in Santa Cruz County, California, owned and operated by the City of Santa Cruz. In September 1997, ATC Group Services LLC (now part of Atlas) was retained by a third party, to administer the groundwater monitoring and reporting program in accordance with Regional Board’s WDR permit requirements.

Field activities include measuring depth to water in 20 wells, collecting groundwater samples from 20 groundwater wells, collecting surface water samples from four sampling points, and collecting air samples from 15 vapor wells. Groundwater and surface water samples are analyzed for general minerals, metals, and volatile organics. Vapor samples are analyzed for hydrogen sulfide, methane, and volatile organics. During quarterly monitoring events, Atlas evaluated the condition of onsite groundwater and soil-pore wells, and dedicated sampling pumps contained in groundwater monitoring wells. If required, onsite maintenance was performed on wells and pumps to maintain the integrity of the groundwater monitoring program. Atlas also conducted methane monitoring at the onsite methane extraction facility. The facility extracted methane gas from the older fill area and converted the methane into energy. Atlas personnel conducted safety methane monitoring at the methane extraction facility and at the City of Santa Cruz operation offices to ensure that concentrations of methane did not exceed Cal-EPA or OSHA standards.

Atlas continues to provide monitoring and reporting.

Haralson County Solid Waste Authority - Groundwater Projects Since 1997, Atlas has assisted with the groundwater projects mentioned below as well as the MSWL’s Assessment of Corrective Measures (ACM), permitting and construction of the C&D landfill, and maximizing efficient day to day operations. Senior Geologist Calvin Johnson, PG oversees the ongoing projects at both Haralson County solid waste facilities.

Atlas conducts semiannual groundwater assessment monitoring and annual Corrective Action Program monitoring for the closed MSWL landfill in Haralson County. The groundwater assessment monitoring program is comprised of 23 wells that are sampled for Appendix I metals and VOCs during the first semiannual event. During the second semiannual event, 16 wells are also monitored for MNA parameters as part of the Corrective Action Program. Every odd year, a subset of wells is sampled for Appendix II parameters. Eleven surface water points are monitored.

Atlas prepares reports for the semiannual groundwater event and the MNA event including a

18City of Montebello: RFP No. 23-9

PROJECT EXAMPLES
potentiometric surface map, a calculated groundwater flow rate, a statistical analysis of contaminant levels compared to their background levels and their MCL, a summary of the laboratory analytical data, and a Corrective Action Plan update. Groundwater and surface water event sampling and reporting is completed within the Georgia EPD requirement of 90 days. Groundwater Monitoring is ongoing with the corrective action plan hitting milestone requirements on time from the last date of sampling.

Atlas also conducts semiannual groundwater detection monitoring at the operational C&D landfill.

This monitoring consists of seven wells that are analyzed for Appendix I metals and VOCs during each semiannual event. Atlas prepares reports for these semiannual groundwater events which include a potentiometric surface map, a calculated groundwater flow rate, a statistical analysis of contaminant levels compared to their background levels and their MCL, and a summary of the laboratory analytical data. Additionally, the storm water is collected and analyzed annually for the Georgia Storm Water Parameters. Groundwater and surface water event sampling and reporting is completed within the Georgia EPD requirement of 90 days from the last day of sampling.

Quarterly methane monitoring at the closed MSWL includes eight methane wells and three structures. At the operational C&D Landfill, the methane monitoring events include one well, three structures, and two vents. Methane monitoring event sampling and reporting is completed within the Georgia EPD requirement of 14 days from the date of sampling.

Atlas’ ongoing engineering efforts at these facilities includes preparing an updated set of Design and Operation Plans according to Georgia EPD’s Permit Review cycle to ensure that the C&D facility maintains an active permit and complies with the current Rules and Regulations. As part of this permit review cycle, Atlas is addressing a soil stockpile issue that will allow the landfill to more efficiently move and stockpile soils as construction of new cells begins.

Jefferson County Board of Commissioners, Engineering and Environmental Monitoring Services
Atlas offers engineering services and environmental monitoring services for two MSWLs in Jefferson County under the supervision of Senior Geologist Calvin Johnson, PG and Senior Engineer Bob Whitfield, PE. Additionally, Atlas conducts semiannual sampling and testing for discharge of leachate to Publicly Owned Treatment Works (POTWs) and annual monitoring of industrial storm water discharges at the operational CR-138 Subtitle D MSWL. Atlas has worked with the County since the early 1990s.

The first semiannual event at the US-1/Avera Road MSWL (assessment monitoring) requires sampling of 11 wells for Appendix I parameters and one surface water point. For the second semiannual event, the same wells are sampled for Appendix I parameters. If there are statistically significant increases over background in any well, that well is sampled for Appendix II parameters.

Atlas prepares reports for these semiannual groundwater events which include a potentiometric surface map, a calculated groundwater flow rate, a statistical analysis of contaminant levels compared to their background levels and their MCL, and a summary of the laboratory analytical data. Groundwater and surface water event sampling and reporting is completed within the Georgia EPD requirement of 90 days from the last day of sampling. Groundwater Monitoring is ongoing. The methane monitoring network at the US-1/Avera Rd MSWL consists of six bar hole punch locations and six structures. Atlas samples the methane and prepares reports on a quarterly basis. Methane monitoring event sampling and reporting is completed within the Georgia EPD requirement of 14 days from the date of sampling.

19City of Montebello: RFP No. 23-9

PROJECT EXAMPLES
The groundwater monitoring network at the CR-138 MSWL (detection monitoring) consists of six wells that are sampled for Appendix I metals and VOCs semiannually and two surface water points. Atlas prepares reports for the semiannual groundwater event including a potentiometric surface map, a calculated groundwater flow rate, a statistical analysis of contaminant levels compared to their background levels and their MCL, and a summary of the laboratory analytical data. Groundwater and surface water event sampling and reporting is completed within the Georgia EPD requirement of 90 days from the last day of sampling. Groundwater Monitoring is ongoing. The CR-138 MSWL contains five bar hole punch locations and two structures for methane monitoring. Since the landfill is active, Atlas also monitors the storm water and prepares annual reports in compliance with the NPDES permit.

Atlas also samples and reports on the leachate quarterly, including testing for Appendix IX compounds such as dioxins and furans during the fourth quarter event each year. Currently, Atlas is working with a subcontractor and the county to install a leachate flow meter, perform leachate tank inspections and repairs, and clean leachate lines within the waste unit.

In 2022, Atlas oversaw the construction and permitting of Section 3 at the CR-138 MSWL facility.

Atlas provided project management services, QA/QC services, and soil liner and geomembrane liner installation oversight and testing. Alongside the construction of Section 3, this facility participated in their Permit Review cycle that resulted in Atlas installing seventeen new methane wells and eight new groundwater wells to ensure that the facility complies with current Rules and Regulations. Atlas provided engineering services and environmental services to support the Permit Review process and subsequent environmental monitoring network expansion.

Putnam County Board of Commissioners - Environmental Monitoring and Engineering Services
Atlas has worked with Putnam county since 2016 to provide environmental monitoring services and engineering services for the closed MSWL.

Atlas conducts semiannual groundwater monitoring for 16 monitoring wells, 12 piezometer wells, and two surface water locations. During the first semiannual event, eight monitoring wells are sampled for Appendix II metals and VOCs. The second semiannual event is an assessment event, where Appendix II metals and VOCs are analyzed for each monitoring well and six wells are additionally analyzed for MNA parameters. Full Appendix II monitoring is conducted every five years per the CAP (last event was May 2021). Atlas prepares reports for the semiannual groundwater event and the MNA event including a potentiometric surface map, a calculated groundwater flow rate, a statistical analysis of contaminant levels compared to their background levels and their MCL, a summary of the laboratory analytical data, and a Corrective Action Plan update. Groundwater and surface water event sampling and reporting is completed within the EPD requirement of 90 days from the last day of sampling. Groundwater Monitoring is ongoing.

The quarterly methane events consist of monitoring 13 wells and nine bar hole punch locations.

MA conducts the field monitoring and prepares the reports for submittal. Methane monitoring event sampling and reporting is completed within the EPD requirement of 14 days from the date of sampling.

Atlas’ ongoing engineering project for Putnam County is a landfill cap and detention pond regrading project. Atlas is providing engineering design services and project management services. The landfill cap has experienced significant settling over the years and terraces were

20City of Montebello: RFP No. 23-9

PROJECT EXAMPLES
no longer allowing stormwater to be shed, instead water was ponding on the cap. The regrading project will restore the cap to its approved elevations with a terrace and ditch system that will direct stormwater into the detention pond on site.

Oglethorpe County Board of Commissioners - Engineering Services for C&D Landfill
Atlas has worked with Oglethorpe County since 2018 to provide engineering services for their C&D landfill. From 2018 through 2022, Atlas worked alongside the County to design and permit a horizontal and vertical expansion that would extend the life of the landfill. This expansion was done in conjunction with the five year permit review wave for the landfill. Atlas completed a new site suitability assessment for the expansion and prepared a new set of Design and Operation Plans.

Upon approval, Atlas worked with the County to have the new limits of waste staked and install nineteen methane wells and three groundwater wells as part of an environmental monitoring plan upgrade.

Atlas’ ongoing project with the County is to design and permit a new phase of the C&D landfill that will have an expected life of thirty years. Currently, a site suitability assessment is being prepared that will provide a comprehensive overview of the 233-acre property slated to become the new phase. Additionally, Atlas is assisting the County with improving day-to-day operations to increase efficiency and remain in compliance with the current Rules and Regulations.

City of Thousand Oaks: Subsurface Investigation, Proposed Sewer Line Improvement, Erbes Road and Hauser Circle
At the request of the City of Thousand Oaks Public Works Department, Atlas conducted a subsurface investigation of the Site in order qualitatively evaluate the subsurface lithology and determine whether traditional excavation methods would be suitable for the proposed improvement project. Atlas advanced four soil borings within the public rights-of-way using rotosonic drilling methods and collected continuous soil/rock samples to the total depth of the proposed excavation grade. The soils encountered during the investigation generally consisted of unconsolidated or loosely consolidated, thin-bedded siliceous shale, which was weak and fissile to the maximum depth of investigation. While thin and discontinuous vertical laminations of harder rock of up to five-inches in length were encountered during drilling, this material was sufficiently fissile to be fractured under a moderate-strength blow with a standard rock hammer. Based on the conditions observed during this investigation, Atlas concluded that it is unlikely that vertically or laterally continuous layers of consolidated bedrock or volcanic rocks of the Conejo Formation would be encountered during excavation of the sewer line and that excavation using standard mechanical excavation means and methods is feasible.

Final Outcome: Atlas also provided recommendations future construction specifications and bid solicitations to address the possibility that consolidated bedrock may be encountered in the grading plane, formally defined the terms “rock” and “rock excavation” for bid specification and bidding purposes, and suggestions for alternative measurement and payment terms for “rock excavation”.

21City of Montebello: RFP No. 23-9

PROJECT EXAMPLES
Los Angeles Trade Technical College - Sage Hall Methane Survey and Soil Sampling
Atlas conducted a methane survey and soil sampling to assess the potential presence of methane and hazardous materials in soil and soil vapor in the vicinity of Sage Hall (Old Culinary Arts Building) on the campus of Los Angeles Technical Trade College. Sage Hall was scheduled for demolition to make way for the construction of a new Design and Media Arts Building. This project was a task order under an On-Call contract with the Los Angeles Community College District.

The existing 81,405 gross square foot Sage Hall included four floors and was constructed in 1961.

The site is located in the Central Groundwater sub-basin of the Coastal Plain of Los Angeles. The Site is located within a Methane Zone, as designated by Los Angeles Department of Building and Safety and Los Angeles Department of Public Works. Therefore, the Site was subject to a methane survey prior to new construction activities.

Atlas mobilized to the Site to collect ten soil samples and two sets of soil vapor samples from five nested soil vapor probes. The soil samples were submitted for laboratory analysis of total petroleum hydrocarbons (TPH), arsenic, herbicides, organophosphate pesticides (OPPs), organochlorine pesticides (OCPs), and polychlorinated biphenyls (PCBs). The soil vapor samples were analyzed for methane and volatile organic compounds (VOCs).

Atlas found that no herbicides, OPPs, OCPs, or PCBs were detected in soil; arsenic was reported in all five shallow soil samples at concentrations below the 12.0 mg/kg screening level recommended by Department of Toxic Substances Control (DTSC); and TPH was reported at concentrations below the EPA Region 9 Regional Screening Levels (RSLs) and DTSC screening levels. However, soil collected and analyzed from the deeper soil samples, was found to have concentrations of TPH that exceeded DTSC screening levels. Neither methane nor VOCs were detected in the soil vapor samples.

Atlas concluded that the subsurface soil condition in the footprint of the proposed building was below the Level I threshold of 0-100 parts per million by volume (ppmv), as defined in the Los Angeles Municipal Code. Atlas also concluded that any soil removed from site for disposal would be characterized as non-hazardous waste. Although TPH concentrations exceed DTSC screening levels,
there were currently no regulations in the State of California or the City and County of Los Angeles that defined screening levels for re-use of impacted soils at the same Site where they were generated. Atlas recommended that the Client first obtain concurrence from the Los Angeles Regional Water Quality Control Board.

22City of Montebello: RFP No. 23-9
UCLA-Harbor Meidcal Center – Site Assessment and UST Closure Atlas conducted site assessment and Underground Storage Tank (UST) closure activities at the UCLA-Harbor Medical Center in Torrance, California, on behalf of the County of Los Angeles Department of Public Works. The site was 72 acres, developed with a hospital, office buildings, medical research buildings, a hazardous waste storage area, a helipad, power plant, parking structure, and parking lots. The eastern portion of the site was a Leaking Underground Storage Tank (LUST) cleanup site. Activities dated back to 1994 and included UST removals, soil and groundwater investigation work plans, and site assessment reports.

In 1994, five USTs were removed from the site; one 12,000-gallon, two 10,000-gallon, one 500-gallon, and one 300- gallon UST. In 1998, one 8,000-gallon gasoline UST and one 4,000-gallon gasoline UST were removed, along with associated dispensers and piping. Soil samples were collected beneath the USTs, and total petroleum hydrocarbons (TPH) as diesel was detected above action levels. Contaminated soil was excavated and transported offsite for disposal. One 10,000-gallon gasoline UST was installed in the UST cavity. Two diesel USTs, one 10,000-gallon and one 280-gallon, were removed in 1999. Soil samples were collected beneath the USTs, and elevated TPH concentrations were detected beneath the 10,000-gallon UST. Approximately 308 cubic yards of soil was transported offsite for disposal. A 25,000-gallon UST was installed east of the former 280- gallon UST. Soil samples were collected at a maximum of 18 feet bgs following the 1998 and 1999 UST removals.

Atlas oversaw the advancement of four soil borings to a depth of 55 feet bgs, and groundwater was encountered between 50 and 55 feet bgs. Soil samples were collected at 5-foot intervals beginning at 5 feet bgs until groundwater was encountered. A total of 30 soil samples and three groundwater samples were collected from the boring locations. Soil and groundwater samples were analyzed for TPH, naphthalene, and fuel oxygenates. The reported concentrations of TPH in soil and groundwater were well below the limits set forth by the State Water Resources Control Board’s Low Threat Closure Policy for case closure of UST sites. Therefore, based on the results of this Site Investigation, Atlas requested that the Site be considered for case closure by the Los Angeles Regional Water Quality Control Board (LARWQCB). As a result of Atlas’s site assessment activities, case closure was granted by the LARWQCB on May 4, 2020.

PROJECT EXAMPLES

Section 05
Government
Experience

24City of Montebello: RFP No. 23-9
Client Contact Brief Description
City of Lincoln, CA Mark Foster
916.434.3250
[email protected]
Landfill Groundwater
Monitoring and Reporting
City of Santa Cruz, CA Craig Pearson
831.420.6273
Landfill Groundwater
Monitoring and Reporting
City of Thousand Oaks,
CA
Elaine Camia
805.449.2448
[email protected]
On-Call for Environmental
and Engineering Services
LA Community College
District
Natalie Gugliemo
310.753.5164
[email protected]
On-Call Contract for
Environmental Consulting
Services
Housing Authority of the
City of Los Angeles
Eric Tellez
213.252.4290
[email protected]
On-Call Contract for
Hazardous Materials
Consulting Services
LA County Department of
Public Works
Kevin Kim
626.300.2343
[email protected]
As needed environmental
testing, inspection &
monitoring
LA Unified School District Andrew Modugno, PG
Environmental Assessment Coordinator
213.241.3433 (office)
213.259.5610 (cell)
[email protected]
On-Call Contract for
Environmental Testing

GOVERNMENT EXPERIENCE

Section 06
Fee Schedule

26City of Montebello: RFP No. 23-9

PROPOSED FEES
Atlas will provide all labor, expenses, and any subcontract costs to provide the services as outlined in the Scope of Services section of this proposal for a Lump Sum Cost Not To Exceed of One- Hundred and Fifty-Thousand Dollars ($150,000.00). Costs per task* are presented in the table below.

Task Description Cost
1 Review all relevant reports and date related to the site $41,880 2 Develop recommendations for further study and investigation $9,167 3 Develop recommendations for remediation $9,167
4 Review compliance with existing legislation $9,167
5 Review viability and requirements to repair public roads $35,695 6 Develop a Storm Water Masterplan $35,695
7 Identify funding sources for additional study, remediation and brownfield development $9,229
* breakdowns by task are estimates

figures

FIGURE 1.

FIGURE 2.

key staff
resumes

RESUME

JAY SCHNEIDER, PG, QSD

PROJECT MANAGER

1 Jay Schneider is a Professional Geologist with extensive experience in environmental remediation, Phase I/II/II subsurface investigations, storm water compliance, and project management for numerous sites in California, Utah, and Washington. He has evaluated data, supervised fieldwork, prepared technical reports, managed projects, supervised junior staff, and interacted with clients and regulatory agencies. Jay has prepared proposals and has managed major environmental construction projects for public utilities and transportation agencies. He has also prepared and managed environmental health and safety programs for corporate clients, including Hazardous Material Business Plans, chemical inventories, and CERS uploads. Jay is experienced with cases involving USTs, ASTs, chlorinated hydrocarbons, metal contamination of soil and groundwater, vapor intrusion, and reopened cases
Senior Geologist: Mr. Schneider is the
Qualifed (SWPPP) Developer (QSD) and
Qualifed SWPPP Professional (QSP) for the
Inland Empire Energy Center (IEEC)
decommissioning and demolition project. He
drafted the Soil and Water Resources section
for the IEEC Decommissioning and
Demolition Plan for the California Energy
Commission. He analyzed the environmental
and geotechnical boring logs and laboratory
data to determine that there would not be
any environmental hazards associated with
soil excavation, stockpiling, or disposal during
decommissioning and demolition activities.

As QSD, Mr. Schneider prepared the SWPPP
for the project, and as QSP, he supervises the
onsite SWPPP inspector, reviews all weekly
and rain event inspection reports, conducts
monthly QSP inspections, and interacts with
the demolition contractor regarding all storm
water issues at the IEEC. Finally, he drafted
Atlas’s Health and Safety Plan for the site, and
is Atlas’s Health and Safety Ofcer for the
project.

Senior Geologist: Mr. Schneider reviewed
previous Phase I and Phase II Environmental
Site Assessment (ESA) reports that had been
conducted at the Site and adjoining parcels.

He reviewed the procedures that previous
consultants had used to evaluate potential
contamination at the Site, the results
obtained from the soil, soil vapor, and
groundwater samples collected, and the
methodology used to analyze the results. He
conducted additional quantitative analyses
on the results obtained in the previous
studies. Mr. Schneider found that although
there were exceedances of regulatory
guidelines for residential properties at the
Site, the Client could redevelop the property
for commercial purposes without the
installation of a vapor barrier or a subslab
depressurization system.

Mr. Schneider manages the National Pollutant
Discharge Elimination System (NPDES)
permitting for a residential construction site
in Marina Del Rey. Based on upon a review of
the two discharge permits for the project, he
determines the sampling schedule and
protocol, necessary equipment and supplies,
and laboratory analyses that need to be
performed on a weekly, monthly, quarterly,
and annual basis. He communicates
PROJECT EXPERIENCE (Continued) the
schedule and results of sampling to the client
and the client’s dewatering and treatment

OFFICE LOCATION
South El Monte, CA

EDUCATION
MS, Geology, University Of
Cincinnati, Ohio, 1988
BA, Earth And Planetary
Sciences, John Hopkins
University, Baltimore, MD,
1985

REGISTRATION
Geologist (CA), #8787, 2010
Professional Geologist (WA),
#3294, 2018
Qualified SWPPP Developer
And Qualified SWPPP
Practitioner, #20608, 2011

SPECIALIZED TRAINING
OSHA 40HR HAZWOPER
First Aid, CPR

HIRE DATE
05/2019

RESUME

JAY SCHNEIDER, PG, QSD

2 subcontractors, multiple laboratories, the Los Angeles Regional Water Quality Control Board (LARWQCB), and
the Los Angeles Flood Control District. Mr. Schneider has trained personnel on sampling requirements and
techniques at the site.

Project Manager: Panoptic, LLC is in the process of
developing a property in Canoga Park for high-density
residential use. Development will entail excavation of 2,500 cubic yards of impacted soil, as well as dewatering
impacted groundwater. The site is the location of a former retail service station and open case with the Los Angeles Regional Water Quality Control Board; the site is also
downgradient from the adjoining Rocketdyne facility that is also under regulatory supervision by the LARWQCB. Mr.

Schneider communicates with the client and the LARWCB
regarding the schedule for the project, including collection of soil waste profle samples, the NPDES permit for
dewatering during construction, the air monitoring permit obtained from the South Coast Air Quality Management
District, and the building and grading permits. Upon the client’s receipt of all applicable permits, he will coordinate staff to obtain equipment to monitor dust and soil at the site, including collection of confirmation soil samples. Upon completion of the field work, Mr. Schneider will coordinate the drafting and submission of the excavation report to the LARWQCB and request case closure.

Project Manager: The former LaCosta Dry Cleaners is
located in a strip mall in Carlsbad, California, that is undergoing redevelopment. Under the regulatory
supervision of the County of San Diego Department of
Environmental Health (CSDDEH), the facility has been the site of soil, groundwater, soil vapor, and indoor air
sampling. A remediation system had been operating at the site. After the remediation system had reached asymptotic results, Mr. Schneider coordinated the approval of the
remediation system with the CSDDEH. Following the
sampling and analysis of downgradient groundwater, he
received approval for well abandonment and case closure at the site from the CSDDEH. Furthermore, since the wells were located in the site building basement and
abandonment by the CSDDEH’s usual requirement for
overdrilling and casing removal would be logistically difcult, Mr. Schneider successfully requested a waiver from the
CSDDEH to abandon the wells by pressure grouting.

Project Manager: The Harbor-UCLA Medical Center,
operated by the Los Angeles County Department of Public Works (LACDPW), has been undergoing extensive
redevelopment. Five gasoline and diesel USTs were
removed from the facility in the 1990’s. As part of the redevelopment, extensive site assessment activities
involving soil and groundwater sample collection were
conducted at the site under the regulatory supervision of the LARWQCB. Mr. Schneider implemented the Work Plan
for Site Assessment after its approval by the LACDPW and the LARWQCB. Following review of the Site Assessment
Report, case closure was granted by the LARWQCB. Work
continues at the HarborUCLA Medical Center, as pole-
mounted transformers known or suspected to contain
PCBs will be decommissioned and removed from the site,
and the transformer oil as well as the soil below the
transformers will need to be collected and analyzed for contaminants. Mr. Schneider is working with the LACDPW
to coordinate the schedule for these activities with the LACDPW and several subcontractors.

RESUME
CALVIN R. JOHNSON, EP, PG

SENIOR MANAGER / ENVIRONMENTAL PROFESSIONAL

1 Mr. Johnson is a licensed professional geologist in multiple states (including Georgia, Florida & Indiana) with more than thirty years of environmental consulting and engineering firm related experience performing geological, hydrological, geochemical, geo technical, geophysical, solid/hazardous waste, and water resources investigations for a variety of industries throughout the eastern United States and abroad. He has a wide -ranging knowledge of environmental issues, rules, and regulations and specializes in management of multidisciplinary projects for private, public-sector, and governmental clients, primarily related to impacted groundwater quality by solvents, petroleum and chlorinated hydrocarbons, fuels, metals, and various other organic and inorganic chemicals. Mr.

Johnson’s emphasis is on environmental investigations and remediation that promote property restoration and redevelopment. He has conducted hundreds of site assessments; evaluated risk to human health and the environment; developed cleanup goals and remedial alternatives; selected contractors; and planned, designed, executed, managed, and supervised numerous onsite cleanup efforts. Mr. Johnson has served as senior reviewer on many technical reports and proposals and has authored or co -authored hundreds more environmentally related reports ranging from simple ESAs to complex technical project summaries of remediation efforts at contaminated commercial, manufacturing, industrial and municipal properties including landfills.

Mr. Johnson is knowledgeable in the environmental regulations related to such consulting projects including CERCLA, RCRA, Brownfields, TSCA, DOT and various state -led programs, such as HSRA/HSI and GUST in Georgia. He has worked on hazardous, solid and petroleum - related waste cleanup projects for numerous Fortune 1000 companies and other clientele in the petroleum, chemical, energy, paint, telecommunication, solid waste, recycling, commercial property development and manufacturing industries over the past several decades. He has extensive experience with project planning, cost modeling, environmental due diligence, site characterization, and remediation of contaminated media, including some property impacted by munitions and explosives of concern or MEC and other conventional contamination formerly known as unexploded ordnance (UXO/MMRP experience). Mr. Johnson also worked on a low-level radioactive waste disposal facility siting project in the early 1990s on behalf of a nuclear government agency assisting a consortium of northeast Atlantic region states in the process of evaluating a suitable proposed construction site of a low rad biomedical-waste disposal facility. Other experiences have included completion of an environmental assessment of a Petrogal petroleum refinery in Portugal and various groundwater and soil gas assessments of bulk - chemical manufacturing and distribution centers in Spain and throughout the eastern U.S. extending from Maine to Florida and westward to Missouri and Texas.

Mr. Johnson’s professional experience includes varied and increasing responsibilities with engineering, environmental, landfill specialty, and remediation firms since 1991, as well as his work with the US Geological Survey.

Education
BA, Geology, Alfred University
Graduate Coursework
Hydrogeochemistry
(M.S. thesis pending),
Indiana University
Registration & Certification
Professional Geologist
Georgia (#1175)
Florida (#2026)
Indiana (#1757)
Professional Training
40-Hour HAZWOPER
OSHA 29 CFR 1910.120(e)
8-Hour Annual Refreshers,
(annually since 1992)
8 Hr. Refresher, current
through May 2023
First Aid, Bloodborne
Pathogens, and CPR Training
Supervisory Confined Space
Entry, OSHA 29 CFR 1910.146
Level 1A Certified Blue Card
(no. 41413)
Landfill Gas Collection and
Analysis Training
Permit & Non-Permit Confined
Space Entry
30-hr OSHA Construction
Safety Training Certification
Phase I ESA Due Diligence
38 Hour USACE Wetland
Delineation & Management
Training Program (Cert. #4399)

EPA/AHERA/ASHARA (TSCA
Title II), NESHAP Regulation
Training for Asbestos in
Buildings: Abatement Project
Supervisor (Cert. #4150)
EPA/AHERA/ASHARA Certified
Asbestos in Buildings Inspector
(Cert. #9362)
Mold 40-hour Assessment &
Remediation Course
Storm Water Management for
Construction Sites
Years of Experience
30+
Years with Firm
2

RESUME
CALVIN R. JOHNSON, EP, PG

2 Mr. Johnson’s experience to date has focused on environmental consulting programs, project management, business operations and development, mentoring, technical, and health & safety training of company staff personnel. His professional experience includes consulting on various phases of environmental, hazardous waste and water resources investigation projects involving:

1. expedited soil and groundwater assessments;

2. use of conventional and innovative treatment technologies to remediate on and offsite contaminated media;

3. management of large-scale multi-tasked hazardous, solid waste and hydrogeological investigations;

4. evaluation of geochemical groundwater monitoring data for small and large-quantity generators (RCRA/HSRA and state Superfund/HSI sites);

5. 3-D numerical computer modeling of groundwater flow and chemical fate & transport in subsurface regimes;

6. legal and litigation support services;

7. wetland delineation, management, mitigation banking and permitting;

8. strategy development, regulatory negotiation, environmental compliance, and risk management services;

9. asbestos investigations and lead-based paint screening;

10. team development and safety training; and

11. ensuring an overall reduction of chemical exposures and environmental risk to receptors by effectively managing projects using a conceptual hydrogeological modeling approach.

He is also experienced in geotechnical engineering, construction and environmental contracting services related to the completion of commercial property transactions or acquisitions (Phase I ESAs); Phase II or limited site assessments (LSIs); emergency/rapid response services related to chemical spills and remediation of contaminated properties impacted by chlorinated solvents, petroleum hydrocarbons, and other volatile organic compounds (VOCs); trace and toxic metals; polychlorinated biphenyls (PCBs); pesticides/herbicides; PFAS/PFOA/PFOS; select explosives and unexploded ordnance (MEC/UXO/MMRP including DNT, TNT and munitions); mold/fungi; and other varieties of chemicals and substances released into the environment. Specific areas of other experience and technical interests include:
• Environmental Site Assessments (ESAs)
• Soil & Groundwater Remediation (In-situ/Ex-situ)
• Groundwater Flow & Contaminant Transport
Modeling, 3-D Visualization & Animation
• Hydraulic Analysis of Aquifer Systems
• Mobile Laboratory Services (portable Gas
Chromatic field operation and analyses)
• Surface and Subsurface Geophysical Applications
• Legal and Litigation Support Services
• In-situ Chemical Oxidation & UIC Permitting
• O&M Remediation Systems (Dual Phase,
Multiphase, SVE, AS, P&T, LFG Flares, Telemetry)
• Brownfields Redevelopment and VRPs
• Storage Tank Closures & Waste Treatment
Permitting
• Groundwater & Landfill Gas Monitoring,
Compliance Sampling & Reporting
• MEC Detection, Drum / Tank Location and
Mapping Services
• Geographic Information Systems (GIS) spatial
analysis and renderings
• Construction Management & Oversight
• Cost Estimating & Project Budgeting
• Regulatory and Contract Negotiations
• Data Validation and QA/QC Reviews
• Exposure / Risk Investigations & Pathway Receptor
Analyses
• Water Resources, Watershed, and Wellhead Protection
Studies
• Monitored Natural Attenuation and Fate and Transport
Studies
• Environmental Compliance Audits
• Karst, Sinkholes, and Fractured Rock Studies
• Geochemical Remediation Alternatives, Chemical
Injections & Dewatering
• Proposal Development, Bid Specifications & Technical
Writing
• Real Estate Development Assessments & Property
Acquisitions
• Soil Gas and Vapor Intrusion Studies
• Landfill Gas-to-Energy Projects & Optimization

KEY PERSONNEL

RONALD SANTOS, PE

PRINCIPAL ENGINEER

EXPERIENCE & RESPONSIBILITIES
Ronald Santos has over 30 years of experience as a consultant in the environmental industry. As a senior engineer with a civil/environmental engineering background, he has extensive experience with engineering program/project management, environmental site assessments, vapor intrusion and risk assessments, implementation of remediation technologies, facility audit and compliance oversight, and safety stewardship. Ron provides technical support to all of the Western Region offices/staff. He will manage and execute projects; supervise and mentor staff; oversee the preparation of technical proposals and reports, and provide QA/QC of deliverables.

PROJECT EXPERIENCE
Project Role: Mr. Santos managed
environmental progress of various petroleum
facilities throughout California, Oregon and
Washington. He performed environmental site
assessments to characterize hydrocarbon-
affected soil, soil vapor, and/or groundwater
plumes; performed remedial pilot tests;
developed remedial actions plans in
accordance with agency requirements; design
and installed remedial systems;
monitored/optimized onsite remedial
operations; and managed closure activities.

Project Role: Mr. Santos provided senior
engineering expertise to upgrade aging GPS
piping systems, replace hazardous waste
closure unit caps, and inspect closure landfill
units.

Project Role: Mr. Santos served as the
portfolio manager for various petroleum
facilities throughout California, Oregon and
Washington. He managed the portfolio by
growing the portfolio, reviewing all document
submittals, attending all pre-field and
quarterly meetings as available, tracking
milestone and deliverable schedules,
evaluating cost savings/avoidance
opportunities, and stewarding safety. In
addition, he managed individual sites with
similar tasks and expectations as the Chevron
EMC portfolio.

Project Role: Mr. Santos provided senior
engineering expertise to assess per- and
polyfluoroalkyl substances (PFAS) in soil and
groundwater. Risk screening levels (RSLs)
were calculated using EPA RSL online
resources and tables. Special field protocols
were implemented to mitigate potential PFAS
cross-contamination during sampling. In
addition, several in-situ remedial technologies
were evaluated to address chlorinated solvent
plumes that included air sparge/soil vapor
extraction, multiphase extraction, in-situ
chemical oxidation, and in-situ chemical
reduction.

Project Role: Mr. Santos completed
engineering peer reviews to evaluate
proposed remedial technology recommended
to contain a chlorinated solvents plume. In
addition, he completed a feasibility study that
evaluated remedial technologies to address
PCB, DDT, and lead affected soils.

Technologies reviewed included
solidification/stabilization, vitrification,
incineration, thermal desorption, gas phase
chemical reduction, soil/solvent washing,
dehalogenation, and sonic technology.

Project Role: Mr. Santos was the program
manager for mobile treatment system
operations. The systems are cost-effective,
mobile, high vacuum, thermal/catalytic
oxidizers utilized to remove vapor and liquid-
phase hydrocarbons simultaneously. He
managed systems, scheduled events and
operators to provide clients with quick
mobilization times, evaluate remedial
performance and assess optimization options.

EDUCATION
BS, Civil Engineering, University
of Alberta Edmonton, Alberta,
Canada, 1992

REGISTRATION
Professional Engineer, ID,
#12566, 2/2/2007
Professional Engineer, OR,
#78965, 3/13/2007
Professional Engineer, WA,
#53690, 5/25/2016
Professional Engineer, CA,
#C59850, 7/23/1999
Professional Engineer, MI,
#6201054032, 1/23/2007
Professional Engineer, NV,
#027631, 4/7/2020

SPECIALIZED TRAINING
40-hour HAZWOPER Training,
OSHA 29 CFR 1910.120.
8-Hour HAZWOPER Supervisor
Training
10-Hour OSHA Construction
Training
National Groundwater
Association, MTBE Treatment
Technology Design and
Implementation Course
Loss Prevention System Safety
Training

PROFESSIONAL

AFFILIATIONS
Society of American Military
Engineers

HIRE DATE
5/2019

KEY PERSONNEL

Project Role: Mr. Santos was the program manager for a remedial engineering group. He supervised an engineering team that designed, permitted, and oversaw
installation/construction of various remedial groundwater and/or soil vapor extraction systems. In addition, he managed the remedial system operation and maintenance program. He was responsible for developing the engineering program; researching new treatment technologies; interfacing with agencies; reviewing design drawings, permits and reports; and providing peer review regarding remedial issues for various regions.

Project Role: Mr. Santos provided engineering services to manage and procure equipment, materials, and labor for
remedial excavation and site restoration at various locations at Edwards Air Force Base. He supervised onsite excavation activities and managed project budget expenditures.

Project Role: Mr. Santos operated and maintained the
bioremediation system to treat diesel-affected soil. The bioremediation system consisted of a regenerative blower, peristaltic pump, and nutrient/bacteria feed system. He evaluated system performance, soil remediation progress, and collected soil and groundwater samples. Mr. Santos managed project expenses and consulted with oversight agencies to obtain site closure.

Project Role: Mr. Santos operated and maintained soil vapor extraction systems to treat petroleum hydrocarbon-affected soil. The systems consisted of a thermal and catalytic oxidizers and air sparge systems. He evaluated system performance, soil remediation progress, and collected soil and groundwater samples. Mr. Santos managed project expenses and consulted with oversight agencies for project remedial status updates.

Project Role: Mr. Santos provided onsite engineering services for remedial excavation activities. He delineated extent of heavy metal-affected soil (excavation area), supervised excavation crew, coordinated the disposal of heavy metal- affected soil, and ensured health and safety protocols were followed. In addition, he oversaw collection of soil samples and analyzed laboratory results to ensure soil impacted with heavy metals was removed through excavation. He also acted as a liaison between the client and local oversight agency.

Project Role: Mr. Santos provided staff engineering services to maintain and operate a laboratory scale project for
bioremediation of Bunker C affected soil. Laboratory study compared remediation efficacy of two bioengineered bacteria and existing bacteria in the project soil. He collected soil and water samples to evaluate the remediation process.

Project Role: Mr. Santos is serving as the lead remediation engineer for the project. The primary constituent of concern is PCE contaminated soil and groundwater. He is responsible for optimizing groundwater pump and treatment system
operations, peer reviewing remediation path forward scopes, and design of future system upgrades that will include soil vapor extraction and increasing the capacity of the existing groundwater treatment system.

Project Role: Mr. Santos served as the primary design
engineer for a vapor mitigation system (VMS) that is being installed at a new 125,000 square foot office and distribution warehouse. The primary constituents of concern are volatile organic compounds related former manufacturing facility located at the site. VMS components include an engineered vapor barrier membrane with sub-slab vent piping and wind turbine that discharges effluent at the roof top.

ITEM # 14

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Arlene Salazar, Acting City Manager

BY: Rita Montalvo, Assistant Director

SUBJECT: APPROVE AGREEMENT NO. 4126 WITH WAXIE ENTERPRISES, INC.

FOR CITYWIDE JANITORIAL SUPPLIES

DATE: September 13, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Award a Professional Service Agreement to Waxie’s Enterprises, Inc., dba WAXIE Sanitary Supply in an amount not-to-exceed $300,000 over three (3) years with the option to extend up to two (2) additional years; and

2. Authorize the Acting City Manager to execute the Professional Service Agreement, on behalf of the City; and

3. Take such additional, related action that may be desirable.

FISCAL IMPACT:

The total amount of the contract is not-to-exceed $300,000 over the next three (3) fiscal years with the option to extend up to two (2) additional years. The contract will be divided into three (3) consecutive one-year periods. The contract will be charged to the following account numbers; 1) $40,000 in Account No. 100-30-510-6000.30 (General Fund, Public Works, Government Building Maintenance, Supplies Janitorial); 2) 35,000 in Account No. 100-30-720-6000.30 (General Fund, Public Works, Park Maintenance, Supplies Janitorial); and 3) $25,000 in Account No. 600-90-915-6000.30 (Transit, Transportation, Corporate Shops, Supplies Janitorial). These amounts were included in the adopted budget for Fiscal Year 2023-24 and no budget amendment is necessary at this time.

BACKGROUND/DISCUSSION:

Janitorial supplies are critical to keeping City facilities comfortable and in good and safe

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 13, 2023

working conditions for employees and patrons. Waxie’s Enterprises, Inc., dba WAXIE Sanitary Supply’s office is based out of San Diego, California, and has provided janitorial supplies to government entities for over seventy years.

WAXIE Sanitary Supply has offered the City of Montebello the same services and rates as their existing services contract with the National Cooperative Purchasing Alliance (a wholly-owned subsidiary of Omnia Partners) for the Region XIV Education Service Center (a subset of the Texas Education Agency). The existing contract between WAXIE Sanitary Supply and National Cooperative Purchasing Alliance was entered into on April 11, 2016, and is titled, “Region 14 Education Service Center RFP #08-16 for Comprehensive Operational & Janitorial Supplies Solutions made available through the National Cooperative Purchasing Alliance” (Contract No. 02-27). The contract between WAXIE Sanitary Supply and National Cooperative Purchasing Alliance was solicited on an open-competitive basis in accordance with applicable Federal, State and County requirements. The Request for Proposal (RFP) was properly noticed by Region XIV Education Service Center beginning on February 18, 2016. Proposals were subsequently received and evaluated according to RFP criteria by an evaluation committee. The contract was awarded to WAXIE Sanitary Supply, being the highest-rated, lowest cost, apparent responsive, and responsible proposer.

The City adopted Municipal Code 3.20.125 Piggybacking purchasing agreements, which authorizes the city to “piggyback” onto or join into an existing written purchase contract obtained through a competitive bidding process prepared by and awarded by another local, state or federal government agency. As stated above, National Cooperative Purchasing Alliance’s procurement process for WAXIE Sanitary Supply was done through a competitive RFP process and in compliance with its local rules. Through its 70+ years of experience and the National Cooperative Purchasing Alliance bidding and evaluation procedure, WAXIE Sanitary Supply has demonstrated competence and the professional qualifications necessary for the satisfactory performance of providing Janitorial Supplies. Thus, it is recommended that the City Council award this professional services agreement in accordance with the Montebello Municipal Code.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends that the City Council award a Professional Services Agreement to Waxie’s Enterprises, Inc., dba WAXIE Sanitary Supply. Upon approval of the recommended contractor, staff will execute the Professional Service Agreement with WAXIE Sanitary Supply for Janitorial Supplies. The Fiscal Year 2023-24 budget was developed with sufficient funding for the janitorial supplies in various General Fund and Transit Fund accounts. Therefore, a budget adjustment is not necessary with the award

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 13, 2023

of this contract.

ATTACHMENT(S)

1. ATTACHMENT A - Agreement No. 4126

NEXT STEPS:

N/A

CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4126
WITH WAXIE’S ENTERPRISES, INC
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on August 23, 2023 (“Effective Date”), by and between the CITY OF M ONTEBELLO, a California municipal corporation ( the “CITY”) and WAXIE’S ENTERPRISES, INC , db a WAXIE SANITARY SUPPLY (the “CONSULTANT”).

The CITY and the CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS
WHEREAS, the CITY desires to retain a qualified professional consultant to provide janitorial supplies to the CITY; and
WHEREAS, the CONSULTANT currently has a contract with the National Cooperative Purchasing Alliance (a wholly-owned subsidiary of Omnia Partners) for the Region XIV Educations Service Center (a subset of the Texas Education Agency) to provide janitorial supplies (Contract No. 02-27); and WHEREAS, the CONSULTANT was awarded this contract through an open, competitive process (National Coopera tive Purchasing Alli ance RFP No. 08-16); and
WHEREAS, the CONSULTANT grants the City authorizat ion to make purchase using the same te rms and conditions as those listed in th e National Cooperative Purchasing Alliance contract.

NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT

DOCUMENTS
a. The abo ve-referenced Recitals constitute a material part hereof an d shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:

1. This Agreement and i ts Exhibits, including any and all addenda or supplemental agreements.

2. Proposal dated March 28, 2016

3. National Cooperative Purchasing Alliance Contract No. 02-27

4. Proposal referenced and Best Final O ffer received by the successful proposer.

5. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.
b. These documents shall be collectively referred t o herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of

ATTACHMENT A

PROFESSIONAL SERVICES AGREEMENT NO. 4126

precedence list above shall apply.

SECTION 2. SERVICES / COMPENSATION.

a. The CONSULTANT shall provide to the CITY all labor, equipment, materials and incidental necessary to provide janitorial supplies , as set forth fully in th e National Cooperative Purchasing Alliance Request for Proposals No. 08-16 (Exhibit “A ”) hereto and incor porated fully herein by this reference (hereinafter “Professional Services”).

b. All term s, conditions, requirements, and provisio ns of Contract No. 02-27 (Exhibit “A ”) dated April 11, 2016 , are hereby incorporated fully herein by this reference and shall be binding on the Parties . To the extent of a c onflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.

c. The CONSULTANT shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “B” and incorporated fu lly herein by thi s reference (“Compensation”).

The CONSULTANT shall provide an itemized b illing statement to the CITY each month for Professional Services performed. The CONSULTANT shall not incur fees or costs which exceed the Compensation without the p rior written cons ent of the CITY.

SECTION 3. TERM.

a. This Agreement shall commence upon iss uance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire three (3) years from the Effective Date, unless terminated earlier as hereinafter provi ded. This Agreement may be extended for up to two (2), additional, one-year (1) terms upon such terms and conditions mutually agreed upon by the Parties in writing.

b. Notice to Proceed. Any work or service contemplated under this Agreemen t shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable, department head.

SECTION 4. PERFORMANCE.

a. The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein.

b. The CONSULTANT shall employ, a t a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of Consultant hereunder, in meeting its obl igations under this Agreement.

c. The CONSULTANT shall be knowledgeable of and sub ject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.

d. The CONSULTANT shall have the right to retain, subject to the CITY's approval, additional individuals, consultants or sub consultants t o assist in the completion of services as herein defined. Compensation for additional individuals,

PROFESSIONAL SERVICES AGREEMENT NO. 4126

consultants or sub consultants shall be the sole and exclusive responsibility of the CONSULTANT.

e. The CONSULTANT shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONSULTANT pursuant to this Agreement, other than documents whic h are exempt from disclosure pursuant to the attorney -client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.

SECTION 5. WORK PRODUCT.

a. The CONSULTANT hereby agrees that all work product produced pursuant to this Agreement and provided to the CITY d uring and upon completi on of this Agreement, shall be the property of the CITY , and ownership of said work product shall be retained by the CITY. The CONSULTANT may take and re tain copies of such written products as desired, but no such written products sh all be the subject of a copyright application by the CONSULTANT.

b. All data, documents, discussion, or other information developed or received by the CONSULTANT or provided for the performance dsof this A greement are deemed confidential and shall not be disclosed by the CONSULTANT without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONSULTANT agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 6. EXTRA SERVICES.

No extra services over and abo ve the Compensation shall be rendered by the CONSULTANT under this Agreement unl ess such extra services first shall have been duly authorized in writing by the CITY’s City Manager (the “City Manager”).

SECTION 7. CITY SUPERVISION.

The City Manager shall have the right of general supervision of all work performed by the CONSULTANT and shall be the CITY ’s agent with respect to obtaining the CONSULTANT’s compliance hereunder. No payment for services rendered und er this Agreement shall be made without the prior approval of the City Manager.

SECTION 8. TERMINATION.

In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, t he non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.

a. Termination for Cause . In the event that any of the provisions of the Agreement are violated by either party, the non -defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the con tract shall upon the

PROFESSIONAL SERVICES AGREEMENT NO. 4126

expiration of an additional thirty (30) days cease and term inate. Violations by the CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of the C ITY cease and terminate upon the giving of like n otice. In the event of any such termination for default by the CONSULTANT, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to t he CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisio ns of this contract.

In the event of a ter mination for cause, the CONSULTANT shall only be entitled to the Compensation fo r those Professional Se rvices satisfactory performed on or before the effective date of termination.

b. Termination for Convenience. T he CITY shall have the option, at its sole discretion and withou t cause, to terminate this Agreement in whole, or in part, by giving ten ( 30) busi ness days’ written notice to the CONSULTANT. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONSULTANT the part of Compensation whi ch would otherwise be payable to the CONSULTANT for service s the CONSULTANT had co mpleted as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for co nvenience by the CITY, the Parties agree that the CONSULTANT shall be reimburs ed for any “non - refundable” costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) s uch “non - refundable” costs were incurred b y the CONSULTANT prior to the date of termination, and (2) that the CONSULTANT provides the CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Suc h “non-refundable” costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its perfor mance of services under this Agreement. The CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

No regular employee of the CITY shall be employed by the CONSULTANT during the term of this Agreement.

SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.

No official or employee of the CITY shall be personally liable to the CONSULTANT in t he event of any default or breach by the CITY, or for any amount which may become due to the CONSULTANT.

SECTION 11. INDEPENDENT CONSULTANT.

a. The CONSULTANT is and shall, at all times, remain as to the CITY a wholly independent consultant. Neither the CI TY nor any of its elected officials, officers, employees, or agents shall have c ontrol over the conduct of the CONSULTANT except as expressly set forth in this Agreement. The CONSULTANT shall not at any time or in any manner represe nt that he or she is in any manner an elected official, officer, employee, or ag ent of the CITY. No em ployee benefits shall be available to the CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary,

PROFESSIONAL SERVICES AGREEMENT NO. 4126

wages, or other compensation to the CONSULTANT for per formance hereunder for the CITY, the CITY shall not be liable for compensation to the CONSULTANT, the CONSULTANT’s emp loyees or the CONSULTANT’s subconsultants for injury or sickness arising out of performing services hereunder.

b. The parties further acknowledge an d agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, em ployment relationship or any other relationship except as set forth in this Agreement.

c. The CITY shall not deduct from the Compensation paid to the CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charg e which may or may not b e in effect or hereinafter enacted or required as a char ge or withholding on the compensation paid to the CONSULTANT. The CITY shall have no responsibility to provide the CONSULTANT, its e mployees or sub consultants with workers’ compensation insurance or any other insurance.

SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY.

a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a min imum of 14 calendar days prior to commencement of services under this Agreement . Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by t he CONSULTANT. If this Agreement remains in place, the CONSULTANT shall execute any amendment(s) to th is Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.

b. In the event that the CONSULTANT or any employee, agent, or subconsultant of the CONSULTANT providing services u nder this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer con tributions for CalPERS benefits on behalf of the CONSULTANT or its employees, agents, or sub consultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.

c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONSULTANT and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the CITY, including but not limited to eligibi lity to enroll in PERS a s an employee of the CITY and entitlement to any contrib ution to be paid by the CITY for employer contribution and/or employee contributions for PERS benefits.

SECTION 13. LEGAL RESPONSIBILITIES.

The CONSULTANT shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its

PROFESSIONAL SERVICES AGREEMENT NO. 4126

appointed or elected officers, employees, or agent s, shall not be liable a t law or in equity occasioned by failure of the CONSULTANT to comply with this section.

SECTION 14. INDEMNIFICATION.

The CONSULTANT agrees to, and shall defend, indemnify, protect and ho ld harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and aga inst any and all claims , demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature w hich the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of the CONSULTANT’s negligent or wrongful act, or omi ssion under the terms of this Agreement, except only lia bility arising out of t he sole negligence of the CITY.

SECTION 15. INSURANCE COVERAGE.

a. During the term of this Agreement, the CONSULTANT shall carry, maintain, and keep in f ull force and effect ins urance against claims for death or injuries to persons o r damages to property t hat may arise from or in connection with CONSULTANT’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

• Commercial General Liability (CGL) : Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products -completed operations, personal injury, and advertising injury, with lim its no les s than $1,000,000 per occurrence. If a general aggregate limit applie s, the limit shall be twice the required occurrence limit.

• Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

• Worker's Compensation insurance as required by the laws of the State of California, with Statutory Li mits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

• Professional Li ability insurance appropriate to the CONSULTANT’S profession, with limit no less than $1,000,000 per occurrence or c laim, $2,000,000 aggregate.

b. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitle d to coverage for the higher limits maintained by the CONSULTANT.

c. The CONTACTOR shall require each of its sub consultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

PROFESSIONAL SERVICES AGREEMENT NO. 4126

d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A :VII in the latest edition of Best's Insurance Guide.

e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause ; or (ii) take out the necessary insurance and pay, at the CONSULTANT’s expense, the premium thereon.

f. Evidence of Insurance prior to commencement . The Contractor shall provide to the C ITY Certificate(s) of Insurance evide ncing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to com mencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]

Coverage shall not be suspended, voided, cancelled, reduced in cove rage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the ins urer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) da ys prior notice shall be provided.

g. Evidence of Insurance during the entire term of the Agreement . At all times during the term of this Ag reement, the CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insuran ce showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).

h. The CONSULTANT shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or r eplaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.

i. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

PROFESSIONAL SERVICES AGREEMENT NO. 4126

j. The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY. Any insurance or self -insurance maintained by the CITY, its officers, employee s, agents, or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it.

k. All insura nce covera ge provided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or subconsultants, fr om waiving the right of subrogation prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY.

l. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSULTANT shall either reduce or eliminate the deductibles or self -insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.

m. Procurement of insurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as f ull performance of CONSULTANT’s duties to indemnify, hold harml ess and de fend under the indemnity covenants of this Agreement.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

The CONSULTANT shall no t subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior wri tten consent of the CITY.

Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, id entification of the proposed sub-consultant, delegee, or assignee, and an explanation of why and how the same was se lected, including the degree of competition involved.

Any subcontract, delegation or assignment shall be made in the name of the CONSULTANT and shall not bind or purport to bind the CITY and shall not release the CONSULTANT from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-consultants. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONSULTANT under the Agreement.

SECTION 17. NO WAIVER.

Waiver by any party hereto of any term, condition or covenan t of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law o r in equit y is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in

PROFESSIONAL SERVICES AGREEMENT NO. 4126

addition to such other relief as may be sought and a warded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 19. ATTORNEY’S FEES AND COSTS.

If lit igation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in suc h litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.

SECTION 20. WARRANTIES.

Each of the parties represents and warrants to one another as follows:

a. It has receiv ed independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;

b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the stat ements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and

c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.

SECTION 21. MISCELLANEOUS.

a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and sha ll not con trol or affect the construction of interpretation of any of its provisions.

b. Whenever the context hereof shall so require, the sin gular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.

c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this A greement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.

d. The representations a nd warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.

e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any s igned copy of this Agreement or of any other document or agreement referred to herein, or copy or

PROFESSIONAL SERVICES AGREEMENT NO. 4126

counterpart thereof, deliver ed by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.

f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel an d has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independe nt counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.

SECTION 22. NOTICE.

All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivere d via e- mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, re quests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:

If to CITY: City of Montebello
Attn: Arlene Salazar, Assistant City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]

With a copy to: City of Montebello – Public Works
Attn: James Enriquez
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200 ext. 462
Email: [email protected]

If to Consultant: WAXIE Enterprises, INC.

Attn: Lee Jackson
9353 Waxie Way
San Diego, CA 92123
(858) 292-8111 ext. 1603
Email: [email protected]

An electronic communication (“ Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above.

Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving par ty. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

PROFESSIONAL SERVICES AGREEMENT NO. 4126

In the performance of this Agreement, the CONSULTANT shall not discriminate against any employee, sub-consultant, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexua l orientation. The CONSULTANT will take affirmative action to ensure that sub-consultant and applicants are emplo yed, and that emp loyees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

SECTION 24. CONFLICT OF INTEREST.

The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONSULTANT under this Agreement, or which would conflict in an y manner with the performance of its services hereunder. The CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONSULTANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.

The CONSULTANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendat ions made by the CONSULTANT. The CONSULTANT's covenant under this section shall survive the termination of this Agreement.

SECTION 25. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between the CITY and the CONSULTANT. Any prior agree ments, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subseque nt modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of thi s Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable , the remaining provisions of this Agreement shall be valid and binding.

[SIGNATURE PAGE TO FOLLOW]

PROFESSIONAL SERVICES AGREEMENT NO. 4126

IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.

(“CITY”) (“CONSULTANT”)
CITY OF MONTEBELLO WAXIE’S ENTERPRISES, INC.

Arlene Salazar, Acting City Manager Michael Muscara, Corporate Account Director

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

EXHIBITS:
• Exhibit A – National Cooperative Purchasing Alliance RFP No. 08-16 • Exhibit B – National Cooperative Purchasing Alliance (Contract No. 02-27) • Exhibit C – WAXIE Authorization Email

EXHIBIT “A”

National Cooperative Purchasing Alliance RFP No. 08-16

Request for Proposal (RFP) for Comprehensive Operational & Janitorial Supplies Solutions Solicitation Number: 08-16 Publication Date: Monday, February 15th, 2016 Notice to Respondent: Submittal Deadline: Tuesday, March 29th, 2016, 2:00 pm CST Questions regarding this solicitation must be submitted to [email protected] no later than Tuesday, March 22nd, 2016. All questions and answers will be posted to http://www.ncpa.us/solicitations. It is the intention of Region 14 Education Service Center (herein “Region 14 ESC”) to establish a Master Agreement for Comprehensive Operational and Janitorial Supplies Solutions for use by Region 14 ESC and other public agencies supported under this contract. This Request for Proposal is issued on behalf of the National Cooperative Purchasing Alliance through a public agency clause, which provides that any county, city, special district, local government, school district, private K-12 school, higher education institution, state, other government agency, healthcare organization or nonprofit organization may purchase Products and Services through this contract. Respondents will be required to execute the NCPA Administration Agreement upon award. This contract will allow agencies to purchase on an “as needed” basis from a competitively awarded contract. Respondents are requested to submit their total line of available products and services. While this solicitation specifically covers Comprehensive Operational and Janitorial Supplies Solutions, respondents are encouraged to submit an offering on any or and all products and services available that they currently perform in their normal course of business. Responses shall be received no later than the submittal deadline in the offices of Region 14 ESC at the address below: Region 14 Education Service Center 1850 Highway 351 Abilene, Texas 79601 Immediately following the deadline, all responses will be publically opened and the respondents recorded. Any response received later than the specified deadline, whether delivered in person or mailed, will be disqualified. Faxed or electronically submitted responses cannot be accepted. Responses must be sealed and plainly marked with the company name and the opening date and time. Two (2) bound and signed copies of the proposals and Two (2) electronic copies on CD, DVD, or flash drives (i.e. pin or jump drives) shall be provided.

Competitive Solicitation by Region 14 Education Service Center For Comprehensive Operational & Janitorial Supplies Solutions On behalf of itself and other Government Agencies And made available through the National Cooperative Purchasing Alliance RFP # 08-16

Introduction / Scope ♦ Region 14 ESC on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and non-profit organizations (herein “Public Agency” or collectively “Public Agencies”) is soliciting proposals from qualified vendors to enter into a Master Agreement for a complete line of Comprehensive Operational and Janitorial Supplies Solutions. ♦ Region 14 ESC, as the lead public agency, has partnered with NCPA to make the resultant contract available to all participating agencies in the United States. NCPA provides marketing and administrative support for the awarded vendor that promotes the successful vendor’s products and services to Public Agencies nationwide. The Vendor will execute the NCPA Administration Agreement (Tab 2) upon award. Vendor should thoroughly review all documents and note any exceptions to NCPA terms and conditions in their proposal. ♦ Awarded vendor(s) shall perform covered services under the terms of this agreement. Respondents shall provide pricing based on a discount from their standard pricing schedules for products and/or services offered. Electronic Catalog and/or price lists must accompany the proposal. Multiple percentage discount structure is also acceptable. Please specify where different percentage discounts apply. Additional pricing and/or discounts may be included. ♦ Each service proposed is to be priced separately with all ineligible items identified. Services may be awarded to multiple vendors. Respondents may elect to limit their proposals to a single service within any category, or multiple services within any and all categories. ♦ National Cooperative Purchasing Alliance (NCPA) Ø The National Cooperative Purchasing Alliance (herein “NCPA”) assists public agencies to increase their efficiency and reduce their costs when procuring goods and services. This is accomplished by awarding competitively solicited contracts that are leveraged nationally by combining the volumes and purchasing power of entities nationwide. Our contracts are available for use by any entity that must comply with procurement laws and regulations. ♦ It is the intention of Region 14 ESC and NCPA to achieve the following objectives through this RFP. Ø Provide a comprehensive competitively solicited Master Agreement offering Products and Services to Public Agencies; Ø Achieve cost savings of Vendors and Public Agencies through a single competitive solicitation process that eliminates the need for multiple proposals; Ø Combine the purchasing power of Public Agencies to achieve cost effective pricing; Ø Reduce the administrative and overhead costs of Vendors and Public Agencies through state of the art purchasing procedures.

Instructions to Respondents ♦ Submission of Response Ø Only sealed responses will be accepted. Faxed or electronically transmitted responses will not be accepted. Ø Sealed responses may be submitted on any or all items, unless stated otherwise. Region 14 ESC reserves the right to reject or accept any response. Ø Deviations to the terms, conditions and/or specifications shall be conspicuously noted in writing by the respondent and shall be included with the response. Ø Withdrawal of response will not be allowed for a period of 120 days following the opening. Pricing will remain firm for 120 days from submittal. ♦ Required Proposal Format Ø Responses shall be provided in a three-ring binder or report cover using 8.5 x 11 paper clearly identified with the name of Respondents company and solicitation responding to on the outside front cover and vertical spine. Two (2) bound and signed copies of the proposals and Two (2) electronic copies on CD, DVD, or flash drives (i.e. pin or jump drives) shall be provided. Tabs should be used to separate the proposal into sections, as identified below. Respondents failing to organize in the manner listed may be considered non-responsive and may not be evaluated. ♦ Binder Tabs Ø Tab 1 – Signature Form Ø Tab 2 – NCPA Administration Agreement Ø Tab 3 – Vendor Questionnaire Ø Tab 4 – Vendor Profile Ø Tab 5 – Products and Services / Scope Ø Tab 6 - References Ø Tab 7 - Pricing Ø Tab 8 – Value Added Products and Services Ø Tab 9 – Required Documents ♦ Shipping Label Ø The package must be clearly identified as listed below with the solicitation number and name of the company responding. All packaged must be sealed and delivered to the Region 14 ESC offices no later than the submittal deadline assigned for this solicitation. From: ________________________________________________________________ Company: ________________________________________________________________ Address: ________________________________________________________________ City, State, Zip: ________________________________________________________________ Solicitation Name and Number: ________________________________________________________________ Due Date and Time: ________________________________________________________________

Tab 1 – Master Agreement General Terms and Conditions ♦ Customer Support Ø The vendor shall provide timely and accurate technical advice and sales support. The vendor shall respond to such requests within one (1) working day after receipt of the request. ♦ Assignment of Contract Ø No assignment of contract may be made without the prior written approval of Region 14 ESC. Awarded vendor is required to notify Region 14 ESC when any material change in operation is made. ♦ Disclosures Ø Respondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. Ø The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract. ♦ Renewal of Contract Ø Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew annually for an additional five (5) years if agreed to by Region 14 ESC and the vendor. ♦ Funding Out Clause Ø Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the entity’s current revenue only, provided the contract contains either or both of the following provisions: Ø Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract. ♦ Shipments (if applicable) Ø The awarded vendor shall ship ordered products within seven (7) working days for goods available and within four (4) to six (6) weeks for specialty items after the receipt of the order unless modified. If a product cannot be shipped within that time, the awarded vendor shall notify the entity placing the order as to why the product has not shipped and shall provide an estimated shipping date. At this point the participating entity may cancel the order if estimated shipping time is not acceptable.

♦ Tax Exempt Status Ø Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor. ♦ Payments Ø The entity using the contract will make payments directly to the awarded vendor or their affiliates as long as written request and approval by NCPA is provided to the awarded vendor. ♦ Adding authorized distributors/dealers Ø Awarded vendors are prohibited from authorizing additional distributors or dealers, other than those identified at the time of submitting their proposal, to sell under their contract award without notification and prior written approval from NCPA. Ø Awarded vendors must notify NCPA each time it wishes to add an authorized distributor or dealer. Ø Purchase orders and payment can only be made to awarded vendor unless otherwise approved by NCPA. Ø Pricing provided to members by added distributors or dealers must also be less than or equal to the pricing offered by the awarded contract holder, unless otherwise approved by NCPA. ♦ Pricing Ø All pricing submitted to shall include the administrative fee to be remitted to NCPA by the awarded vendor. It is the awarded vendor’s responsibility to keep all pricing up to date and on file with NCPA. Ø All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing ♦ Adding authorized distributors/dealers Ø Awarded vendors are prohibited from authorizing additional distributors or dealers, other than those identified at the time of submitting their proposal, to sell under their contract award without notification and prior written approval from NCPA. Ø Awarded vendors must notify NCPA each time it wishes to add an authorized distributor or dealer. Ø Purchase orders and payment can only be made to awarded vendor unless otherwise approved by NCPA. Ø Pricing provided to members by added distributors or dealers must also be less than or equal to the pricing offered by the awarded contract holder, unless otherwise approved by NCPA. ♦ Warranty Ø Proposals should address each of the following:

§ Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period. § Availability of replacement parts § Life expectancy of equipment under normal use § Detailed information as to proposed return policy on all equipment ♦ Indemnity Ø The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its participants, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor subcontractors in the preparation of the solicitation and the later execution of the contract. ♦ Franchise Tax Ø The respondent hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes. ♦ Supplemental Agreements Ø The entity participating in this contract and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor. ♦ Certificates of Insurance Ø Certificates of insurance shall be delivered to the Public Agency prior to commencement of work. The insurance company shall be licensed in the applicable state in which work is being conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days notice prior to any modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing any work to maintain coverage as specified. ♦ Legal Obligations Ø It is the Respondent’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services identified in this RFP and any awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be followed even if not specifically identified herein. ♦ Protest Ø A protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm CST. No protest shall lie for a claim that the selected Vendor is not a responsible Bidder. Protests shall be filed with Region 14 ESC and shall include the following:

§ Name, address and telephone number of protester § Original signature of protester or its representative § Identification of the solicitation by RFP number § Detailed statement of legal and factual grounds including copies of relevant documents and the form of relief requested Ø Any protest review and action shall be considered final with no further formalities being considered. ♦ Force Majeure Ø If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Ø The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty ♦ Prevailing Wage Ø It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser. It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this contract and adjust wage rates accordingly. ♦ Miscellaneous Ø Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order. ♦ Open Records Policy

Ø Because Region 14 ESC is a governmental entity responses submitted are subject to release as public information after contracts are executed. If a vendor believes that its response, or parts of its response, may be exempted from disclosure, the vendor must specify page-by-page and line-by-line the parts of the response, which it believes, are exempt. In addition, the respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s). Ø The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the opinions of the OAG. Region14 ESC assumes no responsibility for asserting legal arguments on behalf of any vendor. Respondent are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.

Process Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes, ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC in evaluating proposals. Award(s) will be made to the prospective vendor whose response is determined to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies. To qualify for evaluation, response must have been submitted on time, and satisfy all mandatory requirements identified in this document. ♦ Contract Administration Ø The contract will be administered by Region 14 ESC. The National Program will be administered by NCPA on behalf of Region 14 ESC. ♦ Contract Term Ø The contract term will be for three (3) years starting from the date of the award. The contract may be renewed for up to five (5) additional one-year terms. ♦ Contract Waiver Ø Any waiver of any provision of this contract shall be in writing and shall be signed by the duly authorized agent of Region 14 ESC. The waiver by either party of any term or condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of any further or additional right that such party may hold under this contract. ♦ Products and Services additions Ø Products and Services may be added to the resulting contract during the term of the contract by written amendment, to the extent that those products and services are within the scope of this RFP. ♦ Competitive Range Ø It may be necessary for Region 14 ESC to establish a competitive range. Responses not in the competitive range are unacceptable and do not receive further award consideration. ♦ Deviations and Exceptions Ø Deviations or exceptions stipulated in response may result in disqualification. It is the intent of Region 14 ESC to award a vendor’s complete line of products and/or services, when possible. ♦ Estimated Quantities Ø The estimated dollar volume of Products and Services purchased under the proposed Master Agreement is $35 - $60 million dollars annually. This estimate is based on the anticipated volume of Region 14 ESC and current sales within the NCPA program. There is no guarantee or commitment of any kind regarding usage of any contracts resulting from this solicitation ♦ Evaluation Ø Region 14 ESC will review and evaluate all responses in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices. NCPA will assist the lead agency in evaluating proposals. Recommendations for contract awards will be based on multiple factors, each factor being assigned a point value based on its importance.

♦ Formation of Contract Ø A response to this solicitation is an offer to contract with Region 14 ESC based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation does not become a contract until it is accepted by Region 14 ESC. The prospective vendor must submit a signed Signature Form with the response thus, eliminating the need for a formal signing process. ♦ NCPA Administrative Agreement Ø The vendor will be required to enter and execute the National Cooperative Purchasing Alliance Administration Agreement with NCPA upon award with Region 14 ESC. The agreement establishes the requirements of the vendor with respect to a nationwide contract effort. ♦ Clarifications / Discussions Ø Region 14 ESC may request additional information or clarification from any of the respondents after review of the proposals received for the sole purpose of elimination minor irregularities, informalities, or apparent clerical mistakes in the proposal. Clarification does not give respondent an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision. After the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions with those respondent’s whose proposals are determined to be reasonably susceptible of being selected for award. Discussions occur when oral or written communications between Region 14 ESC and respondent’s are conducted for the purpose clarifications involving information essential for determining the acceptability of a proposal or that provides respondent an opportunity to revise or modify its proposal. Region 14 ESC will not assist respondent bring its proposal up to the level of other proposals through discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet to neither obtain further consideration nor will it provide any information about other respondents’ proposals or prices. ♦ Multiple Awards Ø Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will ensure that any ensuing contracts fulfill current and future requirements of the diverse and large number of participating public agencies. ♦ Past Performance Ø Past performance is relevant information regarding a vendor’s actions under previously awarded contracts; including the administrative aspects of performance; the vendor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the vendor’s businesslike concern for the interests of the customer.

Evaluation Criteria ♦ Pricing (40 points) Ø Electronic Price Lists § Products, Services, Warranties, etc. price list § Prices listed will be used to establish both the extent of a vendor’s product lines, services, warranties, etc. available from a particular bidder and the pricing per item. ♦ Ability to Provide and Perform the Required Services for the Contract (25 points) Ø Product Delivery within participating entities specified parameters Ø Number of line items delivered complete within the normal delivery time as a percentage of line items ordered. Ø Vendor’s ability to perform towards above requirements and desired specifications. Ø Quantity of line items available that are commonly purchased by the entity. Ø Quality of line items available compared to normal participating entity standards. ♦ References (15 points) Ø A minimum of ten (10) customer references for product and/or services of similar scope dating within past 3 years ♦ Technology for Supporting the Program (10 points) Ø Electronic on-line catalog, order entry use by and suitability for the entity’s needs Ø Quality of vendor’s on-line resources for NCPA members. Ø Specifications and features offered by respondent’s products and/or services ♦ Value Added Services Description, Products and/or Services (10 points) Ø Marketing and Training Ø Customer Service

Signature Form The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing. The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this bid in collusion with any other Respondent and that the contents of this proposal as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal. Prices are guaranteed: 120 days Company name Address City/State/Zip Telephone No. Fax No. Email address Printed name Position with company Authorized signature

Tab 2 – NCPA Administration Agreement This Administration Agreement is made as of __________________________________, by and between National Cooperative Purchasing Alliance (“NCPA”) and ____________________________________ (“Vendor”). Recitals WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated _______________________, referenced as Contract Number _______________________, by and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms thereof (the “Master Agreement”), for the purchase of Comprehensive Operational and Janitorial Supplies Solutions; WHEREAS, said Master Agreement provides that any state, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution, other government agency or nonprofit organization (hereinafter referred to as “public agency” or collectively, “public agencies”) may purchase products and services at the prices indicated in the Master Agreement; WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the Master Agreement to public agencies; WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with other master agreements offered by NCPA WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement; WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master Agreement to public agencies on a national basis; NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, NCPA and Vendor hereby agree as follows: ♦ General Terms and Conditions Ø The Master Agreement, attached hereto as Tab 1 and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. Ø NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to NCPA under this Agreement including, but not limited to, the Vendor’s obligation to provide appropriate insurance and certain indemnifications to Region 14 ESC. Ø Vendor shall perform all duties, responsibilities and obligations required under the Master Agreement in the time and manner specified by the Master Agreement. Ø NCPA shall perform all of its duties, responsibilities, and obligations as administrator of purchases under the Master Agreement as set forth herein, and Vendor acknowledges that NCPA shall act in the capacity of administrator of purchases under the Master Agreement. Ø With respect to any purchases made by Region 14 ESC or any Public Agency pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, re-marketer, representative, partner, or agent of any type of Vendor, Region 14 ESC, or such Public Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region

14 ESC, any Public Agency or any employee of Region 14 ESC or Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and (c) shall not be obligated, liable or responsible for any failure by the Public Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. NCPA makes no representations or guaranties with respect to any minimum purchases required to be made by Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or Public Agency under this Agreement or the Master Agreement. Ø The Public Agency participating in the NCPA contract and Vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the Public Agency and Vendor. NCPA, its agents, members and employees shall not be made party to any claim for breach of such agreement. ♦ Term of Agreement Ø This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through the termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive the term of this Agreement. ♦ Fees and Reporting Ø The awarded vendor shall electronically provide NCPA with a detailed monthly or quarterly report showing the dollar volume of all sales under the contract for the previous month or quarter. Reports shall be sent via e-mail to NCPA offices at [email protected]. Reports are due on the fifteenth (15th) day after the close of the previous month or quarter. It is the responsibility of the awarded vendor to collect and compile all sales under the contract from participating members and submit one (1) report. The report shall include at least the following information as listed in the example below: Entity Name Zip Code State PO or Job # Sale Amount Total ________________ Ø Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported. From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee schedule below. Vendor’s annual sales shall be measured on a calendar year basis. Deadline for term of payment will be included in the invoice NCPA provides. Annual Sales Through Contract Administrative Fee 0 - $30,000,000 2% $30,000,001 - $50,000,000 1.5% $50,000,001+ 1%

Ø Supplier shall maintain an accounting of all purchases made by Public Agencies under the Master Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a period of four (4) years from the date NCPA receives the accounting. In the event of such an audit, the requested materials shall be provided at the location designated by Region 14 ESC or NCPA. In the event such audit reveals an underreporting of Contract Sales and a resulting underpayment of administrative fees, Vendor shall promptly pay NCPA the amount of such underpayment, together with interest on such amount and shall be obligated to reimburse NCPA’s costs and expenses for such audit. ♦ General Provisions Ø This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. Ø Awarded vendor agrees to allow NCPA to use their name and logo within website, marketing materials and advertisement. Any use of NCPA name and logo or any form of publicity regarding this contract by awarded vendor must have prior approval from NCPA. Ø If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled. Ø Neither this Agreement nor any rights or obligations hereunder shall be assignable by Vendor without prior written consent of NCPA. Any assignment without such consent will be void. Ø This Agreement and NCPA’s rights and obligations hereunder may be assigned at NCPA’s sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform NCPA’s obligations hereunder Ø All written communications given hereunder shall be delivered to the addresses as set forth below. National Cooperative Purchasing Alliance: Name: ________________________________________ Title: ________________________________________ Address: ________________________________________ ________________________________________ Signature: ________________________________________ Date: ________________________________________ Vendor: ________________________________________ Name: ________________________________________ Title: ________________________________________ Address: ________________________________________ ________________________________________ Signature: ________________________________________ Date: ________________________________________

Tab 3 – Vendor Questionnaire Please provide responses to the following questions that address your company’s operations, organization, structure, and processes for providing products and services. ♦ States Covered Ø Bidder must indicate any and all states where products and services can be offered. Ø Please indicate the price co-efficient for each state if it varies. 50 States & District of Columbia (Selecting this box is equal to checking all boxes below) Alabama Maryland South Carolina Alaska Massachusetts South Dakota Arizona Michigan Tennessee Arkansas Minnesota Texas California Mississippi Utah Colorado Missouri Vermont Connecticut Montana Virginia Delaware District of Columbia Nebraska Nevada Washington West Virginia Florida New Hampshire Wisconsin Georgia New Jersey Wyoming Hawaii New Mexico Idaho New York Illinois North Carolina Indiana North Dakota Iowa Ohio Kansas Oklahoma Kentucky Oregon Louisiana Pennsylvania Maine Rhode Island

All US Territories and Outlying Areas (Selecting this box is equal to checking all boxes below) ♦ Minority and Women Business Enterprise (MWBE) and (HUB) Participation Ø It is the policy of some entities participating in NCPA to involve minority and women business enterprises (MWBE) and historically underutilized businesses (HUB) in the purchase of goods and services. Respondents shall indicate below whether or not they are an M/WBE or HUB certified. § Minority / Women Business Enterprise • Respondent Certifies that this firm is a M/WBE § Historically Underutilized Business • Respondent Certifies that this firm is a HUB ♦ Residency Ø Responding Company’s principal place of business is in the city of _______________________, State of __________ ♦ Felony Conviction Notice Ø Please Check Applicable Box; A publically held corporation; therefore, this reporting requirement is not applicable. Is not owned or operated by anyone who has been convicted of a felony. Is owned or operated by the following individual(s) who has/have been convicted of a felony Ø If the 3rd box is checked, a detailed explanation of the names and convictions must be attached. ♦ Distribution Channel Ø Which best describes your company’s position in the distribution channel: Manufacturer Direct Certified education/government reseller Authorized Distributor Manufacturer marketing through reseller Value-added reseller Other: ______________________________________ ♦ Processing Information Ø Provide company contact information for the following: § Sales Reports / Accounts Payable Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________ American Somoa Northern Marina Islands Federated States of Micronesia Puerto Rico Guam U.S. Virgin Islands Midway Islands

§ Purchase Orders Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________ § Sales and Marketing Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________ ♦ Pricing Information Ø In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future product introductions at prices that are proportionate to Contract Pricing. § If answer is no, attach a statement detailing how pricing for NCPA participants would be calculated for future product introductions. Yes No Ø Pricing submitted includes the required NCPA administrative fee. The NCPA fee is calculated based on the invoice price to the customer. Yes No Ø Vendor will provide additional discounts for purchase of a guaranteed quantity. Yes No ♦ Cooperatives Ø List any other cooperative or state contracts currently held or in the process of securing. Cooperative/State Agency Discount Offered Expires Annual Sales Volume

Tab 4 – Vendor Profile Please provide the following information about your company: ♦ Company’s official registered name. ♦ Brief history of your company, including the year it was established. ♦ Company’s Dun & Bradstreet (D&B) number. ♦ Company’s organizational chart of those individuals that would be involved in the contract. ♦ Corporate office location. Ø List the number of sales and services offices for states being bid in solicitation. Ø List the names of key contacts at each with title, address, phone and e-mail address. ♦ Define your standard terms of payment. ♦ Who is your competition in the marketplace? ♦ Provide Annual Sales for last 3 years broken out into the following categories: Ø Cities / Counties Ø K-12 Ø Higher Education Ø Other government agencies or nonprofit organizations ♦ What differentiates your company from competitors? ♦ Describe how your company will market this contract if awarded. ♦ Describe how you intend to introduce NCPA to your company. ♦ Describe your firm’s capabilities and functionality of your on-line catalog / ordering website. ♦ Describe your company’s Customer Service Department (hours of operation, number of service centers, etc.) ♦ Green Initiatives Ø As our business grows, we want to make sure we minimize our impact on the Earth’s climate. We are taking every step we can to implement innovative and responsible environmental practices throughout NCPA to reduce our carbon footprint, reduce waste,

energy conservation, ensure efficient computing and much more. To that effort we ask respondents to provide their companies environmental policy and/or green initiative. ♦ Vendor Certifications (if applicable) Ø Provide a copy of all current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing respondent to perform the covered services including, but not limited to, licenses, registrations, or certifications. Certifications can include M/WBE, HUB, and manufacturer certifications for sales and service.

Tab 5 – Products and Services ♦ Respondent shall perform and provide these products and/or services under the terms of this agreement. The supplier shall assist the end user with making a determination of their individual needs. ♦ The following is a list of suggested (but not limited to) categories. List all categories along with manufacturer that you are responding with: Ø Cleaning Supplies - Floor and carpet cleaning tools, window cleaning tools, general purpose cleaning tools and accessories. Ø Cleaning Chemicals Ø Dilution Control Cleaning Chemical Systems Ø Floor Finishes and Floor Sealers Ø Wood Floor Cleaning and Maintenance Products Ø Cleaning Equipment § Vacuums, floor machines, wet/dry vacuums, sweepers, scrubbers, carpet cleaning machines, restroom cleaning systems and other cleaning equipment Ø Food Service Disposable Products Ø Safety Supplies Ø Lighting § Fixtures, lamps, equipment, parts, tools and accessories. Ø Plumbing § Fixtures, equipment, parts, tools and accessories. Ø Electrical § Fixtures, equipment, parts, tools and accessories. Ø Heating, Ventilating and Air Conditioning § Equipment, parts, tools and accessories. Ø Hand Tools Ø Power Tools Ø Office Supplies Ø Office Furniture Ø Automotive § Parts, Cleaning Supplies, Tools Ø Building Materials Ø Clothing & Apparel Ø Doors & Windows § Hardware and Accessories Ø Electrical Ø Lawn & Garden Ø Paint & Painting Supplies Ø Storage and Organization

Tab 6 – References ♦ Provide at least ten (10) customer references for products and/or services of similar scope dating within the past three (3) years. Please provide a range of references across all eligible government entity groups including K-12, higher education, city, county, or non-profit entities. ♦ All references should include the following information from the entity: Ø Entity Name Ø Contact Name and Title Ø City and State Ø Phone Ø Years Serviced Ø Description of Services Ø Annual Volume

Tab 7 – Pricing ♦ Please submit price list electronically (pricing can be submitted as Discount off MSRP, cost plus, etc). Products, services, warranties, etc. should be included in price list. Prices submitted will be used to establish the extent of a respondent’s products and services (Tab 5) that are available and also establish pricing per item. ♦ Price lists must contain the following: Ø Product name and part number (include both manufacturer part number and respondent part number if different from manufacturers). Ø Description Ø Vendor’s List Price Ø Percent Discount to NCPA participating entities ♦ Submit price list electronically on CD, DVD, or Flash Drive. Include respondents name, name of solicitation, and date on media of choice. ♦ Not To Exceed Pricing Ø NCPA requests pricing be submitted as “not to exceed pricing” for any participating entity. Ø The awarded vendor can adjust submitted pricing lower but cannot exceed original pricing submitted for solicitation. Ø NCPA requests that vendor honor lower pricing for similar size and scope purchases to other members.

Tab 8 – Value Added Products and Services ♦ Include any additional products and/or services available that vendor currently performs in their normal course of business that is not included in the scope of the solicitation that you think will enhance and add value to this contract for Region 14 ESC and all NCPA participating entities.

Tab 9 – Required Documents ♦ Clean Air and Water Act / Debarment Notice ♦ Contractors Requirements ♦ Antitrust Certification Statements ♦ FEMA Standard Terms and Conditions Addendum for Contracts and Grants ♦ Required Clauses for Federal Assistance by FTA ♦ State Notice Addendum

Clean Air and Water Act & Debarment Notice I, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended (42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator for the Enforcement. I hereby further certify that my company has not been debarred, suspended or otherwise ineligible for participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension”, as described in the Federal Register and Rules and Regulations Potential Vendor Print Name Address City, Sate, Zip Authorized signature Date

Contractor Requirements Contractor Certification Contractor’s Employment Eligibility By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further warrants that it is in compliance with the various state statues of the states it is will operate this contract in. Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to confirm compliance in accordance with applicable laws. Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. The offeror complies and maintains compliance with the appropriate statutes which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with the E-Verify Employee Eligibility Verification Program. Contractor shall comply with governing board policy of the NCPA Participating entities in which work is being performed Fingerprint & Background Checks If required to provide services on school district property at least five (5) times during a month, contractor shall submit a full set of fingerprints to the school district if requested of each person or employee who may provide such service. Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide services on school district properties until authorized by the District. The offeror shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which the work is being performed unless otherwise exempted. Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being performed Business Operations in Sudan, Iran In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the contractor does not have scrutinized business operations in Sudan and/or Iran. Authorized signature Date

Antitrust Certification Statements (Tex. Government Code § 2155.005) I affirm under penalty of perjury of the laws of the State of Texas that: (1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; (2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; and (4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company. Company name Address City/State/Zip Telephone No. Fax No. Email address Printed name Position with company Authorized signature

FEMA Standard Terms and Conditions Addendum for Contracts and Grants If any purchase made under the Master Agreement is funded in whole or in part by Federal Emergency Management Agency (“FEMA”) grants, Contractor shall comply with all federal laws and regulations applicable to the receipt of FEMA grants, including, but not limited to the contractual procedures set forth in Title 44 of the Code of Federal Regulations, Part 13 (“44 CFR 13”). In addition, Contractor agrees to the following specific provisions: 1) Pursuant to 44 CFR 13.36(i)(1), University is entitled to exercise all administrative, contractual, or other remedies permitted by law to enforce Contractor’s compliance with the terms of this Master Agreement, including but not limited to those remedies set forth at 44 CFR 13.43. 2) Pursuant to 44 CFR 13.36(i)(2), University may terminate the Master Agreement for cause or convenience in accordance with the procedures set forth in the Master Agreement and those provided by 44 CFR 13.44. 3) Pursuant to 44 CFR 13.36(i)(3)-(6)(12), and (13), Contractor shall comply with the following federal laws: a. Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor (“DOL”) regulations (41 CFR Ch. 60); b. Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented in DOL regulations (29 CFR Part 3); c. Davis-Bacon Act (40 U.S.C. 276a-276a-7) as supplemented by DOL regulations (29 CFR Part 5); d. Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-30) as supplemented by DOL regulations (29 CFR Part 5); e. Section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and f. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation play issued in compliance with the Energy Policy and Conservation Act (Pub. L.94-163, 89 Stat. 871). 4) Pursuant to 44 CFR 13.36(i)(7), Contractor shall comply with FEMA requirements and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41. 5) Pursuant to 44 CFR 13.36(i)(8), Contractor agrees to the following provisions 72 regarding patents: a. All rights to inventions and/or discoveries that arise or are developed, in the course of or under this Agreement, shall belong to the participating agency and be disposed of in accordance with the participating agencies policy. The participating agency, at its own discretion, may file for patents in connection with all rights to any such inventions and/or discoveries. 6) Pursuant to 44 CFR 13.36(i)(9), Contractor agrees to the following provisions, regarding copyrights: a. If this Agreement results in any copyrightable material or inventions, in accordance with 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, for Federal Government purposes: 1) The copyright in any work developed under a grant or contract; and 2) Any rights of copyright to which a grantee or a contactor purchases ownership with grant support. 7) Pursuant to 44 CFR 13.36(i)(10), Contractor shall maintain any books, documents, papers, and records of the Contractor which are directly pertinent to this Master Agreement. At any time during normal business hours and as often as the participating agency deems necessary, Contractor shall permit participating agency, FEMA, the Comptroller General of United States, or any of their duly authorized representatives to inspect and photocopy such records for the purpose of making audit, examination, excerpts, and transcriptions. 8) Pursuant to 44 CFR 13.36(i)(11), Contractor shall retain all required records for three years after FEMA or participating agency makes final payments and all other pending matters are closed. In addition, Contractor shall comply with record retention requirements set forth in 44 CFR 13.42.

Required Clauses for Federal Assistance provided by FTA ACCESS TO RECORDS AND REPORTS Contractor agrees to: a) Maintain all books, records, accounts and reports required under this Contract for a period of not less than three (3) years after the date of termination or expiration of this Contract or any extensions thereof except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain same until Public Agency, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. b) Permit any of the foregoing parties to inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts with regard to the Project and to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the purpose of audit and examination. FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts. Reference 49 CFR 18.39 (i)(11). CIVIL RIGHTS / TITLE VI REQUIREMENTS 1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C. § 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, marital status age, or disability. In addition, Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2) Equal Employment Opportunity. The following Equal Employment Opportunity requirements apply to this Contract: a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal Transit Law at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable Equal Employment Opportunity requirements of U.S. Dept. of Labor regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 CFR, Parts 60 et seq., and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of this Project. Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, marital status, or age. 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. In addition, Contractor agrees to comply with any implementing requirements FTA may issue. b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act”, 29 CFR Part 1625, prohibit employment discrimination by Contractor against individuals on the basis of age, including present and prospective

employees. In addition, Contractor agrees to comply with any implementing requirements FTA may issue. c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Contractor agrees that it will comply with the requirements of the Equal Employment Opportunity Commission (EEOC), “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR, Part 1630, pertaining to employment of persons with disabilities and with their responsibilities under Titles I through V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions. d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not and will not permit their employees to perform their services at any location under the Contractor’s control where segregated facilities are maintained. As used in this certification the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees that a breach of this certification will be a violation of this Civil Rights clause. 3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation, made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin. 4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the non-discrimination provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in whole or in part. Contractor agrees to include the requirements of this clause in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. DISADVANTAGED BUSINESS PARTICIPATION This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”, therefore, it is the policy of the Department of Transportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT-assisted contracts. 1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all applicablerequirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or other such remedy as public agency deems appropriate. Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)).

2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than thirty (30) days after Contractor’s receipt of payment for that Work from public agency. In addition, Contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor’s work related to this Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without prior written consent of public agency. 3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract. Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract. ENERGY CONSERVATION REQUIREMENTS Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C. Sections 6321 et seq. and 41 CFR Part 301-10. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Contract between public agency and the FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this Contract. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by the DOT, as set forth in the most current FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. Contractor agrees not to perform any act, fail to perform any act, or refuse to comply with any public agency requests that would cause public agency to be in violation of the FTA terms and conditions. NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract.

Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work is being performed. In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate. Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate. Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

State Notice Addendum Pursuant to certain state notice provisions the following public agencies and political subdivisions of the referenced public agencies are eligible to access the contract award made pursuant to this solicitation. Public agencies and political subdivisions are hereby given notice of the foregoing request for proposal for purposes of complying with the procedural requirement of said statutes: Nationwide: http://www.usa.gov/Agencies/Local_Government/Cities.shtml Other States: Cities, Towns, Villages, and Boroughs No. Cities, Towns, Villages and Boroughs in Oregon 1 CEDAR MILL COMMUNITY LIBRARY 2 CITY COUNTY INSURANCE SERVICES 3 CITY OF ADAIR VILLAGE 4 CITY OF ALBANY 5 CITY OF ASHLAND 6 CITY OF ASTORIA OREGON 7 CITY OF AUMSVILLE 8 CITY OF AURORA 9 CITY OF BEAVERTON 10 CITY OF BOARDMAN 11 CITY OF BURNS 12 CITY OF CANBY 13 CITY OF CANNON BEACH OR 14 CITY OF CANYONVILLE 15 CITY OF CENTRAL POINT POLICE DEPARTMENT 16 CITY OF CLATSKANIE 17 CITY OF COBURG 18 CITY OF CONDON 19 CITY OF COOS BAY 20 CITY OF CORVALLIS 21 CITY OF COTTAGE GROVE 22 CITY OF CRESWELL 23 CITY OF DALLAS 24 CITY OF DAMASCUS 25 CITY OF DUNDEE 26 CITY OF EAGLE POINT 27 CITY OF ECHO 28 CITY OF ESTACADA 29 CITY OF EUGENE 30 CITY OF FAIRVIEW 31 CITY OF FALLS CITY 32 CITY OF GATES 33 CITY OF GEARHART 34 CITY OF GERVAIS 35 CITY OF GOLD HILL 36 CITY OF GRANTS PASS 37 CITY OF GRESHAM 38 CITY OF HAPPY VALLEY 39 CITY OF HILLSBORO 40 CITY OF HOOD RIVER 41 CITY OF JOHN DAY 42 CITY OF KLAMATH FALLS 43 CITY OF LA GRANDE 44 CITY OF LAKE OSWEGO 45 CITY OF LAKESIDE 46 CITY OF LEBANON 47 CITY OF MALIN 48 CITY OF MCMINNVILLE 49 CITY OF MEDFORD 50 CITY OF MILL CITY 51 CITY OF MILLERSBURG 52 CITY OF MILWAUKIE 53 CITY OF MORO 54 CITY OF MOSIER 55 CITY OF NEWBERG 56 CITY OF NORTH PLAINS 57 CITY OF OREGON CITY 58 CITY OF PHOENIX 59 CITY OF PILOT ROCK 60 CITY OF PORT ORFORD 61 CITY OF PORTLAND 62 CITY OF POWERS 63 CITY OF REDMOND 64 CITY OF REEDSPORT 65 CITY OF RIDDLE 66 CITY OF SALEM 67 CITY OF SANDY 68 CITY OF SANDY 69 CITY OF SCAPPOOSE 70 CITY OF SEASIDE 71 CITY OF SHADY COVE 72 CITY OF SHERWOOD 73 CITY OF SPRINGFIELD 74 CITY OF ST. PAUL 75 CITY OF STAYTON 76 CITY OF TIGARD, OREGON 77 CITY OF TUALATIN, OREGON 78 CITY OF WARRENTON 79 CITY OF WEST LINN/PARKS 80 CITY OF WILSONVILLE 81 CITY OF WINSTON 82 CITY OF WOOD VILLAGE 83 CITY OF WOODBURN 84 CITY OF YACHATS 85 FLORENCE AREA CHAMBER OF COMMERCE 86 GASTON RURAL FIRE DEPARTMENT 87 GLADSTONE POLICE DEPARTMENT 88 HOUSING AUTHORITY OF THE CITY OF SALEM 89 KEIZER POLICE DEPARTMENT 90 LEAGUE OF OREGON CITIES 91 MALIN COMMUNITY PARK AND RECREATION DISTRICT 92 METRO 93 MONMOUTH - INDEPENDENCE NETWORK 94 PORTLAND DEVELOPMENT COMMISSION 95 RAINIER POLICE DEPARTMENT 96 RIVERGROVE WATER DISTRICT 97 SUNSET EMPIRE PARK AND RECREATION 98 THE NEWPORT PARK AND RECREATION CENTER 99 TILLAMOOK PEOPLES UTILITY DISTRICT 100 TUALATIN VALLEY FIRE & RESCUE 101 WEST VALLEY HOUSING AUTHORITY No. Counties and Parishes 1 ASSOCIATION OF OREGON COUNTIES 2 BENTON COUNTY 3 CLACKAMAS COUNTY DEPT OF TRANSPORTATION 4 CLATSOP COUNTY 5 COLUMBIA COUNTY, OREGON 6 COOS COUNTY HIGHWAY DEPARTMENT 7 CROOK COUNTY ROAD DEPARTMENT

8 CURRY COUNTY OREGON 9 DESCHUTES COUNTY 10 DOUGLAS COUNTY 11 GILLIAM COUNTY 12 GILLIAM COUNTY OREGON 13 GRANT COUNTY, OREGON 14 HARNEY COUNTY SHERIFFS OFFICE 15 HOOD RIVER COUNTY 16 HOUSING AUTHORITY OF CLACKAMAS COUNTY 17 JACKSON COUNTY HEALTH AND HUMAN SERVICES 18 JEFFERSON COUNTY 19 KLAMATH COUNTY VETERANS SERVICE OFFICE 20 LAKE COUNTY 21 LANE COUNTY 22 LINCOLN COUNTY 23 LINN COUNTY 24 MARION COUNTY , SALEM, OREGON 25 MORROW COUNTY 26 MULTNOMAH COUNTY 27 MULTNOMAH COUNTY 28 MULTNOMAH LAW LIBRARY 29 NAMI LANE COUNTY 30 POLK COUNTY 31 SHERMAN COUNTY 32 UMATILLA COUNTY, OREGON 33 UNION COUNTY 34 WALLOWA COUNTY 35 WASCO COUNTY 36 WASHINGTON COUNTY 37 YAMHILL COUNTY 1 BOARD OF WATER SUPPLY 2 COUNTY OF HAWAII 3 MAUI COUNTY COUNCIL No. Higher Education 1 BIRTHINGWAY COLLEGE OF MIDWIFERY 2 BLUE MOUNTAIN COMMUNITY COLLEGE 3 CENTRAL OREGON COMMUNITY COLLEGE 4 CHEMEKETA COMMUNITY COLLEGE 5 CLACKAMAS COMMUNITY COLLEGE 6 COLUMBIA GORGE COMMUNITY COLLEGE 7 GEORGE FOX UNIVERSITY 8 KLAMATH COMMUNITY COLLEGE DISTRICT 9 LANE COMMUNITY COLLEGE 10 LEWIS AND CLARK COLLEGE 11 LINFIELD COLLEGE 12 LINN-BENTON COMMUNITY COLLEGE 13 MARYLHURST UNIVERSITY 14 MT. HOOD COMMUNITY COLLEGE 15 MULTNOMAH BIBLE COLLEGE 16 NATIONAL COLLEGE OF NATURAL MEDICINE 17 NORTHWEST CHRISTIAN COLLEGE 18 OREGON HEALTH AND SCIENCE UNIVERSITY 19 OREGON UNIVERSITY SYSTEM 20 PACIFIC UNIVERSITY 21 PORTLAND COMMUNITY COLLEGE 22 PORTLAND STATE UNIV. 23 REED COLLEGE 24 ROGUE COMMUNITY COLLEGE 25 SOUTHWESTERN OREGON COMMUNITY COLLEGE 26 TILLAMOOK BAY COMMUNITY COLLEGE 27 UMPQUA COMMUNITY COLLEGE 28 WESTERN STATES CHIROPRACTIC COLLEGE 29 WILLAMETTE UNIVERSITY 1 ARGOSY UNIVERSITY 2 BRIGHAM YOUNG UNIVERSITY - HAWAII 3 COLLEGE OF THE MARSHALL ISLANDS 4 RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII 5 UNIVERSITY OF HAWAII AT MANOA No. K - 12 1 ARCHBISHOP FRANCIS NORBERT BLANCHET SCHOOL 2 BAKER COUNTY SCHOOL DIST. 16J - MALHEUR ESD 3 BAKER SCHOOL DISTRICT 5-J 4 BANDON SCHOOL DISTRICT 5 BANKS SCHOOL DISTRICT 6 BEAVERTON SCHOOL DISTRICT 7 BEND / LA PINE SCHOOL DISTRICT 8 BEND-LA PINE SCHOOL DISTRICT 9 BROOKING HARBOR SCHOOL DISTRICT NO.17-C 10 CANBY SCHOOL DISTRICT 11 CANYONVILLE CHRISTIAN ACADEMY 12 CASCADE SCHOOL DISTRICT 13 CASCADES ACADEMY OF CENTRAL OREGON 14 CENTENNIAL SCHOOL DISTRICT 15 CENTRAL CATHOLIC HIGH SCHOOL 16 CENTRAL POINT SCHOOL DISTRICT NO. 6 17 CENTRAL SCHOOL DISTRICT 13J 18 CLACKAMAS EDUCATION SERVICE DISTRICT 19 COOS BAY SCHOOL DISTRICT 20 COOS BAY SCHOOL DISTRICT NO.9 21 COQUILLE SCHOOL DISTRICT 8 22 COUNTY OF YAMHILL SCHOOL DISTRICT 29 23 CRESWELL SCHOOL DISTRICT 24 CROSSROADS CHRISTIAN SCHOOL 25 CULVER SCHOOL DISTRICT NO. 26 DALLAS SCHOOL DISTRICT NO. 2 27 DAVID DOUGLAS SCHOOL DISTRICT 28 DAYTON SCHOOL DISTRICT NO.8 29 DE LA SALLE N CATHOLIC HS 30 DESCHUTES COUNTY SD NO.6 - SISTERS SD 31 DOUGLAS COUNTY SCHOOL DISTRICT 116 32 DOUGLAS EDUCATION SERVICE DISTRICT 33 DUFUR SCHOOL DISTRICT NO.29 34 ELKTON SCHOOL DISTRICT NO.34 35 ESTACADA SCHOOL DISTRICT NO.108 36 FOREST GROVE SCHOOL DISTRICT 37 GASTON SCHOOL DISTRICT 511J 38 GEN CONF OF SDA CHURCH WESTERN OR 39 GLADSTONE SCHOOL DISTRICT 40 GLENDALE SCHOOL DISTRICT 41 GLIDE SCHOOL DISTRICT NO.12 42 GRANTS PASS SCHOOL DISTRICT 7 43 GREATER ALBANY PUBLIC SCHOOL DISTRICT 44 GRESHAM-BARLOW SCHOOL DISTRICT 45 HARNEY COUNTY SCHOOL DIST. NO.3 46 HARNEY EDUCATION SERVICE DISTRICT 47 HEAD START OF LANE COUNTY 48 HERITAGE CHRISTIAN SCHOOL 49 HIGH DESERT EDUCATION SERVICE DISTRICT 50 HOOD RIVER COUNTY SCHOOL DISTRICT 51 JACKSON CO SCHOOL DIST NO.9 52 JEFFERSON COUNTY SCHOOL DISTRICT 509-J 53 JEFFERSON SCHOOL DISTRICT 54 KLAMATH FALLS CITY SCHOOLS 55 LA GRANDE SCHOOL DISTRICT 56 LAKE OSWEGO SCHOOL DISTRICT 7J 57 LANE COUNTY SCHOOL DISTRICT 4J 58 LANE COUNTY SCHOOL DISTRICT 69 59 LEBANON COMMUNITY SCHOOLS NO.9 60 LINCOLN COUNTY SCHOOL DISTRICT 61 LINN CO. SCHOOL DIST. 95C - SCIO SD 62 LOST RIVER JR/SR HIGH SCHOOL 63 LOWELL SCHOOL DISTRICT NO.71 64 MARION COUNTY SCHOOL DISTRICT 103 - WASHINGTON ES 65 MCMINNVILLE SCHOOL DISTRICT NO.40 66 MEDFORD SCHOOL DISTRICT 549C 67 MITCH CHARTER SCHOOL 68 MOLALLA RIVER ACADEMY 69 MOLALLA RIVER SCHOOL DISTRICT NO.35 70 MONROE SCHOOL DISTRICT NO.1J 71 MORROW COUNTY SCHOOL DISTRICT 72 MT. ANGEL SCHOOL DISTRICT NO.91 73 MT.SCOTT LEARNING CENTERS 74 MULTISENSORY LEARNING ACADEMY

75 MULTNOMAH EDUCATION SERVICE DISTRICT 76 MYRTLE POINT SCHOOL DISTRICT NO.41 77 NEAH-KAH-NIE DISTRICT NO.56 78 NESTUCCA VALLEY SCHOOL DISTRICT NO.101 79 NOBEL LEARNING COMMUNITIES 80 NORTH BEND SCHOOL DISTRICT 13 81 NORTH CLACKAMAS SCHOOL DISTRICT 82 NORTH SANTIAM SCHOOL DISTRICT 29J 83 NORTH WASCO CTY SCHOOL DISTRICT 21 - CHENOWITH 84 NORTHWEST REGIONAL EDUCATION SERVICE DISTRICT 85 NYSSA SCHOOL DISTRICT NO. 26 86 ONTARIO MIDDLE SCHOOL 87 OREGON TRAIL SCHOOL DISTRICT NO.46 88 OUR LADY OF THE LAKE SCHOOL 89 PHILOMATH SCHOOL DISTRICT 90 PHOENIX-TALENT SCHOOL DISTRICT NO.4 91 PORTLAND ADVENTIST ACADEMY 92 PORTLAND JEWISH ACADEMY 93 PORTLAND PUBLIC SCHOOLS 94 RAINIER SCHOOL DISTRICT 95 REDMOND SCHOOL DISTRICT 96 REEDSPORT SCHOOL DISTRICT 97 REYNOLDS SCHOOL DISTRICT 98 ROGUE RIVER SCHOOL DISTRICT NO.35 99 ROSEBURG PUBLIC SCHOOLS 100 SALEM-KEIZER PUBLIC SCHOOLS 101 SCAPPOOSE SCHOOL DISTRICT 1J 102 SEASIDE SCHOOL DISTRICT 10 103 SEVEN PEAKS SCHOOL 104 SHERWOOD SCHOOL DISTRICT 88J 105 SILVER FALLS SCHOOL DISTRICT 106 SIUSLAW SCHOOL DISTRICT 107 SOUTH COAST EDUCATION SERVICE DISTRICT 108 SOUTH LANE SCHOOL DISTRICT 45J3 109 SOUTHERN OREGON EDUCATION SERVICE DISTRICT 110 SOUTHWEST CHARTER SCHOOL 111 SPRINGFIELD SCHOOL DISTRICT NO.19 112 STANFIELD SCHOOL DISTRICT 113 SWEET HOME SCHOOL DISTRICT NO.55 114 THE CATLIN GABEL SCHOOL 115 TIGARD-TUALATIN SCHOOL DISTRICT 116 UMATILLA-MORROW ESD 117 VERNONIA SCHOOL DISTRICT 47J 118 WEST HILLS COMMUNITY CHURCH 119 WEST LINN WILSONVILLE SCHOOL DISTRICT 120 WHITEAKER MONTESSORI SCHOOL 121 YONCALLA SCHOOL DISTRICT NO.32 1 CONGREGATION OF CHRISTIAN BROTHERS OF HAWAII, INC. 2 EMMANUAL LUTHERAN SCHOOL 3 HANAHAU`OLI SCHOOL 4 HAWAII TECHNOLOGY ACADEMY 5 ISLAND SCHOOL 6 KAMEHAMEHA SCHOOLS 7 KE KULA O S. M. KAMAKAU 8 MARYKNOLL SCHOOL 9 PACIFIC BUDDHIST ACADEMY No. Nonprofit & Other 1 211INFO 2 ACUMENTRA HEALTH 3 ADDICTIONS RECOVERY CENTER, INC 4 ALLFOURONE/CRESTVIEW CONFERENCE CTR. 5 ALVORD-TAYLOR INDEPENDENT LIVING SERVICES 6 ALZHEIMERS NETWORK OF OREGON 7 ASHLAND COMMUNITY HOSPITAL 8 ATHENA LIBRARY FRIENDS ASSOCIATION 9 BARLOW YOUTH FOOTBALL 10 BAY AREA FIRST STEP, INC. 11 BENTON HOSPICE SERVICE 12 BETHEL CHURCH OF GOD 13 BIRCH COMMUNITY SERVICES, INC. 14 BLACHLY LANE ELECTRIC COOPERATIVE 15 BLIND ENTERPRISES OF OREGON 16 BONNEVILLE ENVIRONMENTAL FOUNDATION 17 BOYS AND GIRLS CLUBS OF PORTLAND METROPOLITAN AREA 18 BROAD BASE PROGRAMS INC. 19 CANBY FOURSQUARE CHURCH 20 CANCER CARE RESOURCES 21 CASCADIA BEHAVIORAL HEALTHCARE 22 CASCADIA REGION GREEN BUILDING COUNCIL 23 CATHOLIC CHARITIES 24 CATHOLIC COMMUNITY SERVICES 25 CENTER FOR RESEARCH TO PRACTICE 26 CENTRAL BIBLE CHURCH 27 CENTRAL CITY CONCERN 28 CENTRAL DOUGLAS COUNTY FAMILY YMCA 29 CENTRAL OREGON COMMUNITY ACTION AGENCY NETWORK 30 CHILDPEACE MONTESSORI 31 CITY BIBLE CHURCH 32 CLACKAMAS RIVER WATER 33 CLASSROOM LAW PROJECT 34 COAST REHABILITATION SERVICES 35 COLLEGE HOUSING NORTHWEST 36 COLUMBIA COMMUNITY MENTAL HEALTH 37 COMMUNITY ACTION ORGANIZATION 38 COMMUNITY ACTION TEAM, INC. 39 COMMUNITY CANCER CENTER 40 COMMUNITY HEALTH CENTER, INC 41 COMMUNITY VETERINARY CENTER 42 CONFEDERATED TRIBES OF GRAND RONDE 43 CONSERVATION BIOLOGY INSTITUTE 44 CONTEMPORARY CRAFTS MUSEUM AND GALLERY 45 CORVALLIS MOUNTAIN RESCUE UNIT 46 COVENANT CHRISTIAN HOOD RIVER 47 COVENANT RETIREMENT COMMUNITIES 48 DECISION SCIENCE RESEARCH INSTITUTE, INC. 49 DELIGHT VALLEY CHURCH OF CHRIST 50 DOGS FOR THE DEAF, INC. 51 DOUGLAS ELECTRIC COOPERATIVE, INC. 52 EAST HILL CHURCH 53 EAST SIDE FOURSQUARE CHURCH 54 EAST WEST MINISTRIES INTERNATIONAL 55 EDUCATIONAL POLICY IMPROVEMENT CENTER 56 ELMIRA CHURCH OF CHRIST 57 EMERALD PUD 58 EMMAUS CHRISTIAN SCHOOL 59 EN AVANT, INC. 60 ENTERPRISE FOR EMPLOYMENT AND EDUCATION 61 EUGENE BALLET COMPANY 62 EUGENE SYMPHONY ASSOCIATION, INC. 63 EUGENE WATER & ELECTRIC BOARD 64 EVERGREEN AVIATION MUSEUM AND CAP. MICHAEL KING. 65 FAIR SHARE RESEARCH AND EDUCATION FUND 66 FAITH CENTER 67 FAITHFUL SAVIOR MINISTRIES 68 FAMILIES FIRST OF GRANT COUNTY, INC. 69 FANCONI ANEMIA RESEARCH FUND INC. 70 FARMWORKER HOUISNG DEV CORP 71 FIRST CHURCH OF THE NAZARENE 72 FIRST UNITARIAN CHURCH 73 FORD FAMILY FOUNDATION 74 FOUNDATIONS FOR A BETTER OREGON 75 FRIENDS OF THE CHILDREN 76 GATEWAY TO COLLEGE NATIONAL NETWORK 77 GOAL ONE COALITION 78 GOLD BEACH POLICE DEPARTMENT 79 GOOD SHEPHERD COMMUNITIES 80 GOODWILL INDUSTRIES OF LANE AND SOUTH COAST COUNTIES 81 GRANT PARK CHURCH 82 GRANTS PASS MANAGEMENT SERVICES, DBA 83 GREATER HILLSBORO AREA CHAMBER OF COMMERCE 84 HALFWAY HOUSE SERVICES, INC. 85 HEARING AND SPEECH INSTITUTE INC 86 HELP NOW! ADVOCACY CENTER 87 HIGHLAND HAVEN

88 HIGHLAND UNITED CHURCH OF CHRIST 89 HIV ALLIANCE, INC 90 HOUSING AUTHORITY OF LINCOLN COUNTY 91 HOUSING AUTHORITY OF PORTLAND 92 HOUSING NORTHWEST 93 INDEPENDENT INSURANCE AGENTS AND BROKERS OF OREGON 94 INTERNATIONAL SOCIETY FOR TECHNOLOGY IN EDUCATION 95 INTERNATIONAL SUSTAINABLE DEVELOPMENT FOUNDATION 96 IRCO 97 JASPER MOUNTAIN 98 JUNIOR ACHIEVEMENT 99 KLAMATH HOUSING AUTHORITY 100 LA CLINICA DEL CARINO FAMILY HEALTH CARE CENTER 101 LA GRANDE UNITED METHODIST CHURCH 102 LANE ELECTRIC COOPERATIVE 103 LANE MEMORIAL BLOOD BANK 104 LANECO FEDERAL CREDIT UNION 105 LAUREL HILL CENTER 106 LIFEWORKS NW 107 LIVING WAY FELLOWSHIP 108 LOAVES & FISHES CENTERS, INC. 109 LOCAL GOVERNMENT PERSONNEL INSTITUTE 110 LOOKING GLASS YOUTH AND FAMILY SERVICES 111 MACDONALD CENTER 112 MAKING MEMORIES BREAST CANCER FOUNDATION, INC. 113 METRO HOME SAFETY REPAIR PROGRAM 114 METROPOLITAN FAMILY SERVICE 115 MID COLUMBIA COUNCIL OF GOVERNMENTS 116 MID-COLUMBIA CENTER FOR LIVING 117 MID-WILLAMETTE VALLEY COMMUNITY ACTION AGENCY, INC 118 MORNING STAR MISSIONARY BAPTIST CHURCH 119 MORRISON CHILD AND FAMILY SERVICES 120 MOSAIC CHURCH 121 NATIONAL PSORIASIS FOUNDATION 122 NATIONAL WILD TURKEY FEDERATION 123 NEW AVENUES FOR YOUTH INC 124 NEW BEGINNINGS CHRISTIAN CENTER 125 NEW HOPE COMMUNITY CHURCH 126 NEWBERG FRIENDS CHURCH 127 NORTH BEND CITY- COOS/URRY HOUSING AUTHORITY 128 NORTHWEST FOOD PROCESSORS ASSOCIATION 129 NORTHWEST LINE JOINT APPRENTICESHIP & TRAINING COMMITTEE 130 NORTHWEST REGIONAL EDUCATIONAL LABORATORY 131 NORTHWEST YOUTH CORPS 132 OCHIN 133 OHSU FOUNDATION 134 OLIVET BAPTIST CHURCH 135 OMNIMEDIX INSTITUTE 136 OPEN MEADOW ALTERNATIVE SCHOOLS, INC. 137 OREGON BALLET THEATRE 138 OREGON CITY CHURCH OF THE NAZARENE 139 OREGON COAST COMMUNITY ACTION 140 OREGON DEATH WITH DIGNITY 141 OREGON DONOR PROGRAM 142 OREGON EDUCATION ASSOCIATION 143 OREGON ENVIRONMENTAL COUNCIL 144 OREGON MUSUEM OF SCIENCE AND INDUSTRY 145 OREGON PROGRESS FORUM 146 OREGON REPERTORY SINGERS 147 OREGON STATE UNIVERSITY ALUMNI ASSOCIATION 148 OREGON SUPPORTED LIVING PROGRAM 149 OSLC COMMUNITY PROGRAMS 150 OUTSIDE IN 151 OUTSIDE IN 152 PACIFIC CASCADE FEDERAL CREDIT UNION 153 PACIFIC FISHERY MANAGEMENT COUNCIL 154 PACIFIC INSTITUTES FOR RESEARCH 155 PACIFIC STATES MARINE FISHERIES COMMISSION 156 PARALYZED VETERANS OF AMERICA 157 PARTNERSHIPS IN COMMUNITY LIVING, INC. 158 PENDLETON ACADEMIES 159 PENTAGON FEDERAL CREDIT UNION 160 PLANNED PARENTHOOD OF SOUTHWESTERN OREGON 161 PORT CITY DEVELOPMENT CENTER 162 PORTLAND ART MUSEUM 163 PORTLAND BUSINESS ALLIANCE 164 PORTLAND HABILITATION CENTER, INC. 165 PORTLAND SCHOOLS FOUNDATION 166 PORTLAND WOMENS CRISIS LINE 167 PREGNANCY RESOUCE CENTERS OF GRETER PORTLAND 168 PRINGLE CREEK SUSTAINABLE LIVING CENTER 169 PUBLIC DEFENDER SERVICES OF LANE COUNTY, INC. 170 QUADRIPLEGICS UNITED AGAINST DEPENDENCY, INC. 171 REBUILDING TOGETHER - PORTLAND INC. 172 REGIONAL ARTS AND CULTURE COUNCIL 173 RELEVANT LIFE CHURCH 174 RENEWABLE NORTHWEST PROJECT 175 ROGUE FEDERAL CREDIT UNION 176 ROSE VILLA, INC. 177 SACRED HEART CATHOLIC DAUGHTERS 178 SAIF CORPORATION 179 SAINT ANDREW NATIVITY SCHOOL 180 SAINT CATHERINE OF SIENA CHURCH 181 SAINT JAMES CATHOLIC CHURCH 182 SALEM ALLIANCE CHURCH 183 SALEM ELECTRIC 184 SALMON-SAFE INC. 185 SCIENCEWORKS 186 SE WORKS 187 SECURITY FIRST CHILD DEVELOPMENT CENTER 188 SELF ENHANCEMENT INC. 189 SERENITY LANE 190 SEXUAL ASSAULT RESOURCE CENTER 191 SEXUAL ASSAULT RESOURCE CENTER 192 SHELTERCARE 193 SHERIDAN JAPANESE SCHOOL FOUNDATION 194 SHERMAN DEVELOPMENT LEAGUE, INC. 195 SILVERTON AREA COMMUNITY AID 196 SISKIYOU INITIATIVE 197 SMART 198 SOCIAL VENTURE PARTNERS PORTLAND 199 SOUTH COAST HOSPICE, INC. 200 SOUTH LANE FAMILY NURSERY DBA FAMILY RELIEF NURSE 201 SOUTHERN OREGON CHILD AND FAMILY COUNCIL, INC. 202 SOUTHERN OREGON HUMANE SOCIETY 203 SPARC ENTERPRISES 204 SPIRIT WIRELESS 205 SPONSORS, INC. 206 SPOTLIGHT THEATRE OF PLEASANT HILL 207 SPRINGFIELD UTILITY BOARD 208 ST VINCENT DE PAUL 209 ST. ANTHONY CHURCH 210 ST. ANTHONY SCHOOL 211 ST. MARYS OF MEDFORD, INC. 212 ST. VINCENT DEPAUL OF LANE COUNTY 213 STAND FOR CHILDREN 214 STAR OF HOPE ACTIVITY CENTER INC. 215 SUMMIT VIEW COVENANT CHURCH 216 SUNNYSIDE FOURSQUARE CHURCH 217 SUNRISE ENTERPRISES 218 SUSTAINABLE NORTHWEST 219 TENAS ILLAHEE CHILDCARE CENTER 220 THE EARLY EDUCATION PROGRAM, INC. 221 THE NATIONAL ASSOCIATION OF CREDIT MANAGEMENT-OREGON, INC. 222 THE NEXT DOOR 223 THE OREGON COMMUNITY FOUNDATION 224 THE SALVATION ARMY - CASCADE DIVISION 225 TILLAMOOK CNTY WOMENS CRISIS CENTER 226 TILLAMOOK ESTUARIES PARTNERSHIP 227 TOUCHSTONE PARENT ORGANIZATION 228 TRAILS CLUB 229 TRAINING EMPLOYMENT CONSORTIUM 230 TRI-COUNTY HEALTH CARE SAFETY NET ENTERPRISE

231 TRILLIUM FAMILY SERVICES, INC. 232 UMPQUA COMMUNITY DEVELOPMENT CORPORATION 233 UNION GOSPEL MISSION 234 UNITED CEREBRAL PALSY OF OR AND SW WA 235 UNITED WAY OF THE COLUMBIA WILLAMETTE 236 US CONFERENCE OF MENONNITE BRETHREN CHURCHES 237 US FISH AND WILDLIFE SERVICE 238 USAGENCIES CREDIT UNION 239 VERMONT HILLS FAMILY LIFE CENTER 240 VIRGINIA GARCIA MEMORIAL HEALTH CENTER 241 VOLUNTEERS OF AMERICA OREGON 242 WE CARE OREGON 243 WESTERN RIVERS CONSERVANCY 244 WESTERN STATES CENTER 245 WESTSIDE BAPTIST CHURCH 246 WILD SALMON CENTER 247 WILLAMETTE FAMILY 248 WILLAMETTE VIEW INC. 249 WOODBURN AREA CHAMBER OF COMMERCE 250 WORD OF LIFE COMMUNITY CHURCH 251 WORKSYSTEMS INC 252 YOUTH GUIDANCE ASSOC. 253 YWCA SALEM 1 ALOCHOLIC REHABILITATION SVS OF HI INC DBA HINA MAUKA 2 ALOHACARE 3 AMERICAN LUNG ASSOCIATION 4 BISHOP MUSEUM 5 BUILDING INDUSTRY ASSOCIATION OF HAWAII 6 CTR FOR CULTURAL AND TECH INTERCHNG BETW EAST AND WEST 7 EAH, INC. 8 EASTER SEALS HAWAII 9 GOODWILL INDUSTRIES OF HAWAII, INC. 10 HABITAT FOR HUMANITY MAUI 11 HALE MAHAOLU 12 HAROLD K.L. CASTLE FOUNDATION 13 HAWAII AGRICULTURE RESEARCH CENTER 14 HAWAII EMPLOYERS COUNCIL 15 HAWAII FAMILY LAW CLINIC DBA ALA KUOLA 16 HONOLULU HABITAT FOR HUMANITY 17 IUPAT, DISTRICT COUNCIL 50 18 LANAKILA REHABILITATION CENTER INC. 19 LEEWARD HABITAT FOR HUMANITY 20 MAUI COUNTY FCU 21 MAUI ECONOMIC DEVELOPMENT BOARD 22 MAUI ECONOMIC OPPORTUNITY, INC. 23 MAUI FAMILY YMCA 24 NA HALE O MAUI 25 NA LEI ALOHA FOUNDATION 26 NETWORK ENTERPRISES, INC. 27 ORI ANUENUE HALE, INC. 28 PARTNERS IN DEVELOPMENT FOUNDATION 29 POLYNESIAN CULTURAL CENTER 30 PUNAHOU SCHOOL 31 ST. THERESA CHURCH 32 WAIANAE COMMUNITY OUTREACH 33 WAILUKU FEDERAL CREDIT UNION 34 YMCA OF HONOLULU No. Special/Independent Districts 1 BAY AREA HOSPITAL DISTRICT 2 CENTRAL OREGON INTERGOVERNMENTAL COUNCIL 3 CENTRAL OREGON IRRIGATION DISTRICT 4 CHEHALEM PARK AND RECREATION DISTRICT 5 CITY COUNTY INSURANCE SERVICES 6 CLEAN WATER SERVICES 7 COLUMBIA 911 COMMUNICATIONS DISTRICT 8 COLUMBIA RIVER PUD 9 DESCHUTES COUNTY RFPD NO.2 10 DESCHUTES PUBLIC LIBRARY SYSTEM 11 EAST MULTNOMAH SOIL AND WATER CONSERVANCY 12 GASTON RURAL FIRE DEPARTMENT 13 GLADSTONE POLICE DEPARTMENT 14 GLENDALE RURAL FIRE DISTRICT 15 HOODLAND FIRE DISTRICT NO.74 16 HOODLAND FIRE DISTRICT #74 17 HOUSING AUTHORITY AND COMMUNITY SERVICES AGENCY 18 KLAMATH COUNTY 9-1-1 19 LANE EDUCATION SERVICE DISTRICT 20 LANE TRANSIT DISTRICT 21 MALIN COMMUNITY PARK AND RECREATION DISTRICT 22 MARION COUNTY FIRE DISTRCT #1 23 METRO 24 METROPOLITAN EXPOSITION-RECREATION COMMISSION 25 MONMOUTH - INDEPENDENCE NETWORK 26 MULTONAH COUNTY DRAINAGE DISTRICT #1 27 NEAH KAH NIE WATER DISTRICT 28 NW POWER POOL 29 OAK LODGE WATER DISTRICT 30 OR INT'L PORT OF COOS BAY 31 PORT OF ST HELENS 32 PORT OF UMPQUA 33 REGIONAL AUTOMATED INFORMATION NETWORK 34 RIVERGROVE WATER DISTRICT 35 SALEM AREA MASS TRANSIT DISTRICT 36 SANDY FIRE DISTRICT NO. 72 37 SUNSET EMPIRE PARK AND RECREATION 38 THE NEWPORT PARK AND RECREATION CENTER 39 THE PORT OF PORTLAND 40 TILLAMOOK PEOPLES UTILITY DISTRICT 41 TUALATIN HILLS PARK AND RECREATION DISTRICT 42 TUALATIN VALLEY FIRE & RESCUE 43 TUALATIN VALLEY WATER DISTRICT 44 UNION SOIL & WATER CONSERVATION DISTRICT 45 WEST MULTNOMAH SOIL AND WATER CONSERVATION DISTRICT 46 WEST VALLEY HOUSING AUTHORITY 47 WILLAMALANE PARK AND RECREATION DISTRICT 48 YOUNGS RIVER LEWIS AND CLARK WATER DISTRICT No. State Agencies 1 BOARD OF MEDICAL EXAMINERS 2 OFFICE OF MEDICAL ASSISTANCE PROGRAMS 3 OFFICE OF THE STATE TREASURER 4 OREGON BOARD OF ARCHITECTS 5 OREGON CHILD DEVELOPMENT COALITION 6 OREGON DEPARTMENT OF EDUCATION 7 OREGON DEPARTMENT OF FORESTRY 8 OREGON DEPT OF TRANSPORTATION 9 OREGON DEPT. OF EDUCATION 10 OREGON LOTTERY 11 OREGON OFFICE OF ENERGY 12 OREGON STATE BOARD OF NURSING 13 OREGON STATE POLICE 14 OREGON TOURISM COMMISSION 15 OREGON TRAVEL INFORMATION COUNCIL 16 SANTIAM CANYON COMMUNICATION CENTER 17 SEIU LOCAL 503, OPEU 1 ADMIN. SERVICES OFFICE 2 HAWAII CHILD SUPPORT ENFORCEMENT AGENCY 3 HAWAII HEALTH SYSTEMS CORPORATION 4 SOH- JUDICIARY CONTRACTS AND PURCH 5 STATE DEPARTMENT OF DEFENSE 6 STATE OF HAWAII 7 STATE OF HAWAII 8 STATE OF HAWAII, DEPT. OF EDUCATION

EXHIBIT “B”

National Cooperative Purchasing Alliance Contract No. 02-27

Region 14 Education Service Center
RFP # 08-16 for Comprehensive Operational & Janitorial
Supplies Solutions made available through the National
Cooperative Purchasing Alliance

March 28, 2016

WAXIE Corporate Headquarters | 9353 Waxie Way, San Diego, CA 92123 | (858) 292-8111 www.waxie.com

Region 14 Education Service Center
1850 Highway 351
Abilene, Texas 79601

Re: Solicitation No. 08-16

Dear Region 14 ESC/NCPA,

WAXIE Sanitary Supply (“WAXIE”) is pleased to submit this response to the Region 14 Education Service Center (“Region 14 ESC”) RFP #08-16 for Comprehensive Operational & Janitorial Supplies Solutions.

WAXIE offers a fundamental change to how institutional supplies are procured in the Public Sector.

We are replacing the current multiple channel, highly specialized approach that results in a large number of supply contracts, ordering systems, points of communication, and sources of confusion with an intuitive, single ordering platform for multiple commodities.

WAXIE and our program partner, Brighton Cromwell, developed the ability to source through primary and secondary manufacturing and master distribution sources delivering a smooth ordering experience and a single invoice for orders across multiple commodity groups. This ordering system automatically chooses the lowest cost available to each customer for each item and the least expensive contract compliant delivery method.

Public Sector agencies will save substantially on the direct cost of supplies in all categories and will benefit significantly in the administration of these procurements. The costs for ordering, delivery, receiving, and payables can all be reduced. Supply ordering system training can be standardized across multiple departments making it much easier to implement than multiple contract channels.

WAXIE currently enjoys a substantial volume of business through our existing contract with Region 14 ESC for Janitorial Supplies Maintenance and Repair. This new method of consolidation of contracts, ordering, fulfillment, and invoicing will present Region 14 members and Public Sector agencies across the United States an opportunity to reduce their supply chain spend for a broad array of common institutional supplies.

In order to most clearly respond to Region 14 ESC’s RFP, WAXIE is providing responses or acknowledgements immediately below each section or sub-section in blue font. If you have any questions regarding our submitted information please contact me at [email protected] or (480) 213-1709.

Thank you again for the opportunity to present our proposal and we look forward to continuing to work together to bring value and sustainability to the Public Sector supply chain.

Sincerely,

Michael Muscara
Corporate Accounts Director

Request for Proposal (RFP) for Comprehensive Operational & Janitorial Supplies Solutions
Solicitation Number: 08-16
Publication Date: Monday, February 15th, 2016
Notice to Respondent:

Submittal Deadline: Tuesday, March 29th, 2016, 2:00 pm CST Questions regarding this solicitation must be submitted to [email protected] no later than Tuesday, March 22nd, 2016. All questions and answers will be posted to http://www.ncpa.us/solicitations.

It is the intention of Region 14 Education Service Center (herein “Region 14 ESC”) to establish a Master Agreement for Comprehensive Operational and Janitorial Supplies Solutions for use by Region 14 ESC and other public agencies supported under this contract. This Request for Proposal is issued on behalf of the National Cooperative Purchasing Alliance through a public agency clause, which provides that any county, city, special district, local government, school district, private K-12 school, higher education institution, state, other government agency, healthcare organization or nonprofit organization may purchase Products and Services through this contract. Respondents will be required to execute the NCPA Administration Agreement upon award.

This contract will allow agencies to purchase on an “as needed” basis from a competitively awarded contract. Respondents are requested to submit their total line of available products and services. While this solicitation specifically covers Comprehensive Operational and Janitorial Supplies Solutions, respondents are encouraged to submit an offering on any or and all products and services available that they currently perform in their normal course of business.

Responses shall be received no later than the submittal deadline in the offices of Region 14 ESC at the address below:

Region 14 Education Service Center
1850 Highway 351
Abilene, Texas 79601

Immediately following the deadline, all responses will be publically opened and the respondents recorded. Any response received later than the specified deadline, whether delivered in person or mailed, will be disqualified. Faxed or electronically submitted responses cannot be accepted.

Responses must be sealed and plainly marked with the company name and the opening date and time.

Two (2) bound and signed copies of the proposals and Two (2) electronic copies on CD, DVD, or flash drives (i.e. pin or jump drives) shall be provided.

Competitive Solicitation by
Region 14 Education Service Center
For
Comprehensive Operational & Janitorial Supplies
Solutions
On behalf of itself and other Government Agencies
And made available through the
National Cooperative Purchasing Alliance
RFP # 08-16

Introduction / Scope

♦ Region 14 ESC on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and non- profit organizations (herein “Public Agency” or collectively “Public Agencies”) is soliciting proposals from qualified vendors to enter into a Master Agreement for a complete line of Comprehensive Operational and Janitorial Supplies Solutions.

♦ Region 14 ESC, as the lead public agency, has partnered with NCPA to make the resultant contract available to all participating agencies in the United States. NCPA provides marketing and administrative support for the awarded vendor that promotes the successful vendor’s products and services to Public Agencies nationwide. The Vendor will execute the NCPA Administration Agreement (Tab 2) upon award. Vendor should thoroughly review all documents and note any exceptions to NCPA terms and conditions in their proposal.

♦ Awarded vendor(s) shall perform covered services under the terms of this agreement.

Respondents shall provide pricing based on a discount from their standard pricing schedules for products and/or services offered. Electronic Catalog and/or price lists must accompany the proposal. Multiple percentage discount structure is also acceptable. Please specify where different percentage discounts apply. Additional pricing and/or discounts may be included.

♦ Each service proposed is to be priced separately with all ineligible items identified. Services may be awarded to multiple vendors. Respondents may elect to limit their proposals to a single service within any category, or multiple services within any and all categories.

♦ National Cooperative Purchasing Alliance (NCPA)
➢ The National Cooperative Purchasing Alliance (herein “NCPA”) assists public agencies to increase their efficiency and reduce their costs when procuring goods and services. This is accomplished by awarding competitively solicited contracts that are leveraged nationally by combining the volumes and purchasing power of entities nationwide. Our contracts are available for use by any entity that must comply with procurement laws and regulations.

♦ It is the intention of Region 14 ESC and NCPA to achieve the following objectives through this RFP. ➢ Provide a comprehensive competitively solicited Master Agreement offering Products and Services to Public Agencies;
➢ Achieve cost savings of Vendors and Public Agencies through a single competitive solicitation process that eliminates the need for multiple proposals; ➢ Combine the purchasing power of Public Agencies to achieve cost effective pricing; ➢ Reduce the administrative and overhead costs of Vendors and Public Agencies through state of the art purchasing procedures.

WAXIE acknowledges and agrees to all aspects of the Introduction/Scope section.

Instructions to Respondents

♦ Submission of Response
➢ Only sealed responses will be accepted. Faxed or electronically transmitted responses will not be accepted.
➢ Sealed responses may be submitted on any or all items, unless stated otherwise. Region 14 ESC reserves the right to reject or accept any response. ➢ Deviations to the terms, conditions and/or specifications shall be conspicuously noted in writing by the respondent and shall be included with the response. ➢ Withdrawal of response will not be allowed for a period of 120 days following the opening.

Pricing will remain firm for 120 days from submittal.

♦ Required Proposal Format
➢ Responses shall be provided in a three-ring binder or report cover using 8.5 x 11 paper clearly identified with the name of Respondents company and solicitation responding to on the outside front cover and vertical spine. Two (2) bound and signed copies of the proposals and Two (2) electronic copies on CD, DVD, or flash drives (i.e. pin or jump drives) shall be provided. Tabs should be used to separate the proposal into sections, as identified below. Respondents failing to organize in the manner listed may be considered non- responsive and may not be evaluated.

♦ Binder Tabs
➢ Tab 1 – Signature Form
➢ Tab 2 – NCPA Administration Agreement
➢ Tab 3 – Vendor Questionnaire
➢ Tab 4 – Vendor Profile
➢ Tab 5 – Products and Services / Scope
➢ Tab 6 - References
➢ Tab 7 - Pricing
➢ Tab 8 – Value Added Products and Services
➢ Tab 9 – Required Documents

♦ Shipping Label
➢ The package must be clearly identified as listed below with the solicitation number and name of the company responding. All packaged must be sealed and delivered to the Region 14 ESC offices no later than the submittal deadline assigned for this solicitation.

From: Mike Muscara____________________________________ Company: Waxie’ s Enterprises, Inc. dba WAXIE Sanitary Supply _ Address: 9353 Waxie Way__________________________________ City, State, Zip: San Diego, CA 92123______________________________ Solicitation Name and Number: RFP 08-16 for Comprehensive Operational & Janitorial__ Supplies Solutions_________________________________
Due Date and Time: Tuesday, March 29th, 2016; 2:00pm CST _______________

WAXIE acknowledges and agrees to all aspects of the Instructions to Respondents section.

Tab 1 – Master Agreement
General Terms and Conditions

♦ Customer Support
➢ The vendor shall provide timely and accurate technical advice and sales support. The vendor shall respond to such requests within one (1) working day after receipt of the request.

♦ Assignment of Contract
➢ No assignment of contract may be made without the prior written approval of Region 14 ESC. Awarded vendor is required to notify Region 14 ESC when any material change in operation is made.

♦ Disclosures
➢ Respondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. ➢ The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract.

♦ Renewal of Contract
➢ Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew annually for an additional five (5) years if agreed to by Region 14 ESC and the vendor.

♦ Funding Out Clause
➢ Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the entity’s current revenue only, provided the contract contains either or both of the following provisions:
➢ Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract.

♦ Shipments (if applicable)
➢ The awarded vendor shall ship ordered products within seven (7) working days for goods available and within four (4) to six (6) weeks for specialty items after the receipt of the order unless modified. If a product cannot be shipped within that time, the awarded vendor shall notify the entity placing the order as to why the product has not shipped and shall provide an estimated shipping date. At this point the participating entity may cancel the order if estimated shipping time is not acceptable.

♦ Tax Exempt Status
➢ Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor.

♦ Payments
➢ The entity using the contract will make payments directly to the awarded vendor or their affiliates as long as written request and approval by NCPA is provided to the awarded vendor.
♦ Adding authorized distributors/dealers

➢ Awarded vendors are prohibited from authorizing additional distributors or dealers, other than those identified at the time of submitting their proposal, to sell under their contract award without notification and prior written approval from NCPA.
➢ Awarded vendors must notify NCPA each time it wishes to add an authorized distributor or dealer.
➢ Purchase orders and payment can only be made to awarded vendor unless otherwise approved by NCPA.
➢ Pricing provided to members by added distributors or dealers must also be less than or equal to the pricing offered by the awarded contract holder, unless otherwise approved by NCPA.

♦ Pricing

➢ All pricing submitted to shall include the administrative fee to be remitted to NCPA by the awarded vendor. It is the awarded vendor’s responsibility to keep all pricing up to date and on file with NCPA.
➢ All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing

 WAXIE Sanitary Supply is offering the following price and delivery program:
o Within WAXIE Sanitary Supply’s normal company owned truck delivery zones, all orders are delivered with no minimum order and no freight charges. o Outside of WAXIE Sanitary Supply’s normal company truck delivery zones, all orders shall have no minimum and shall be delivered on a freight prepay and add basis.

The same pricing and delivery parameters shall prevail for any subcontractors WAXIE utilizes for contract fulfillment in states where we do not operate.

Special Pricing and Delivery Terms:

Alaska
WAXIE Sanitary Supply operates in the State of Alaska. Due to Alaska’s extraordinary environment and the distances and expense required to operate in Alaska, the following terms shall apply.

A twenty-nine (29) cent per pound additional charge shall be added to all prices quoted for the continental U.S. for delivery in WAXIE Sanitary Supply’s normal delivery area in Anchorage and Fairbanks.

Outside of WAXIE Sanitary Supply’s normal truck delivery area in Anchorage and Fairbanks, the Alaska price plus freight on a prepay and add basis.

Delivery to remote areas is on an availability of transportation basis. Some areas have no deliveries in the winter months.

Hawaii, Puerto Rico and US Territories
All orders outside contiguous United States and Alaska will be charged contract price plus actual freight.

WAXIE prices are based on a category minimum discount off list price. Each line item is individually priced at or below the category discount percentage. This allows WAXIE to provide the best pricing for each line item and increases the contract’s value to the end user.

List prices are based on manufacturers’ or Master Distributors’ list price in effect on April 1, 2016 or WAXIE list price effective on March 1, 2016. WAXIE publishes list prices on the first of each month. March 1, 2016 WAXIE Price Pages will be provided upon request. Category discounts are included on our price spreadsheet.

♦ Adding authorized distributors/dealers
➢ Awarded vendors are prohibited from authorizing additional distributors or dealers, other than those identified at the time of submitting their proposal, to sell under their contract award without notification and prior written approval from NCPA.
➢ Awarded vendors must notify NCPA each time it wishes to add an authorized distributor or dealer.
➢ Purchase orders and payment can only be made to awarded vendor unless otherwise approved by NCPA.
➢ Pricing provided to members by added distributors or dealers must also be less than or equal to the pricing offered by the awarded contract holder, unless otherwise approved by NCPA.

 Since many Public Sector agencies require or prefer to work through a disadvantaged business partner WAXIE has developed a network of reputable small disadvantaged businesses that we authorize to support the contract through sales, customer service, and other commercially useful functions. The current list of companies is:

o Brighton Cromwell, a federal small business;
o Document Imaging Dimensions, a women and veteran owned business; o MANS Distributing Inc., a women and minority owned business; o J Hurley Company, a service related disabled veteran owned business; o Vet Force Inc., a service related disabled veteran owned business; and o Sustain One, a minority and women owned business.

♦ Warranty
➢ Proposals should address each of the following:

 Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.

 WAXIE’s supplier and product selection practice combined with operational and logistical excellence insure uniform quality and consistency in product performance and customer service. WAXIE stands behind manufacturer’s full warranty for all products we sell and distribute. If dissatisfied with performance of any product, all unopened and unused portion may be returned for credit within one year of the date of manufacture. Use product as directed, wear personal protection equipment where appropriate, and read and understand all precautionary statements.

 Availability of replacement parts

 WAXIE has over $2,000,000 in replacement parts in inventory at any given time. Most replacement parts will be delivered in the same time frame as normal product delivery.

Parts requiring a special order will be shipped under freight conditions unless the customer chooses to expedite shipping. Expedited shipping charges will be the responsibility of the customer.

 Life expectancy of equipment under normal use

 Manufacturers’ warranties are the only warranties available to the customer. The life expectancy of the equipment varies based on a variety of factors including weather, intensity of use, daily maintenance and other factors. For these reasons, there is no standard for the life expectancy of Janitorial Equipment.

 Detailed information as to proposed return policy on all equipment

 WAXIE stands behind manufacturer’s full warranty for all products we sell and distribute. If dissatisfied with performance of any product, all unopened and unused portion may be returned for credit within one year of the date of manufacture. Use product as directed, wear personal protection equipment where appropriate, and read and understand all precautionary statements.

♦ Indemnity
➢ The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its participants, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor subcontractors in the preparation of the solicitation and the later execution of the contract.

 WAXIE requests reciprocal indemnification using the following language:

Region 14 ESC and its participants, administrators, employees and agents shall protect, indemnify, and hold harmless WAXIE and its officers, agents and employees against all claims, damages, losses and expenses arising out of or resulting from the actions of the end user in the preparation of the solicitation and the later execution of the contract.

♦ Franchise Tax
➢ The respondent hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes.

♦ Supplemental Agreements
➢ The entity participating in this contract and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor.

♦ Certificates of Insurance

➢ Certificates of insurance shall be delivered to the Public Agency prior to commencement of work. The insurance company shall be licensed in the applicable state in which work is being conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days notice prior to any modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing any work to maintain coverage as specified.

 WAXIE's corporate insurance policies do not provide a (10) day notice of modification/cancellation. However, WAXIE recently celebrated our 70th anniversary and in that time, WAXIE has never had a day without insurance coverage. In the extreme unlikelihood that insurance is cancelled by our carrier, WAXIE will notify Region 14 ESC at the first possible opportunity. ♦ Legal Obligations

➢ It is the Respondent’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services identified in this RFP and any awarded contract and shall comply with all while fulfilling the RFP.

Applicable laws and regulation must be followed even if not specifically identified herein.
♦ Protest
➢ A protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm CST. No protest shall lie for a claim that the selected Vendor is not a responsible Bidder. Protests shall be filed with Region 14 ESC and shall include the following:
▪ Name, address and telephone number of protester
▪ Original signature of protester or its representative ▪ Identification of the solicitation by RFP number
▪ Detailed statement of legal and factual grounds including copies of relevant documents and the form of relief requested
➢ Any protest review and action shall be considered final with no further formalities being considered.

♦ Force Majeure

➢ If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. ➢ The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty
♦ Prevailing Wage

➢ It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser. It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this contract and adjust wage rates accordingly. ♦ Miscellaneous

➢ Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order.

♦ Open Records Policy

➢ Because Region 14 ESC is a governmental entity responses submitted are subject to release as public information after contracts are executed. If a vendor believes that its response, or parts of its response, may be exempted from disclosure, the vendor must specify page-by- page and line-by-line the parts of the response, which it believes, are exempt. In addition, the respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s).

➢ The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the opinions of the OAG. Region14 ESC assumes no responsibility for asserting legal arguments on behalf of any vendor. Respondent are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.

Except where indicated otherwise, WAXIE acknowledges and agrees to all other aspects of the General Terms and Conditions section.

Process

Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes, ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC in evaluating proposals. Award(s) will be made to the prospective vendor whose response is determined to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies. To qualify for evaluation, response must have been submitted on time, and satisfy all mandatory requirements identified in this document.

♦ Contract Administration
➢ The contract will be administered by Region 14 ESC. The National Program will be administered by NCPA on behalf of Region 14 ESC.
♦ Contract Term
➢ The contract term will be for three (3) years starting from the date of the award. The contract may be renewed for up to five (5) additional one-year terms. ♦ Contract Waiver
➢ Any waiver of any provision of this contract shall be in writing and shall be signed by the duly authorized agent of Region 14 ESC. The waiver by either party of any term or condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of any further or additional right that such party may hold under this contract. ♦ Products and Services additions
➢ Products and Services may be added to the resulting contract during the term of the contract by written amendment, to the extent that those products and services are within the scope of this RFP.
♦ Competitive Range
➢ It may be necessary for Region 14 ESC to establish a competitive range. Responses not in the competitive range are unacceptable and do not receive further award consideration. ♦ Deviations and Exceptions
➢ Deviations or exceptions stipulated in response may result in disqualification. It is the intent of Region 14 ESC to award a vendor’s complete line of products and/or services, when possible.
♦ Estimated Quantities
➢ The estimated dollar volume of Products and Services purchased under the proposed Master Agreement is $35 - $60 million dollars annually. This estimate is based on the anticipated volume of Region 14 ESC and current sales within the NCPA program. There is no guarantee or commitment of any kind regarding usage of any contracts resulting from this solicitation
♦ Evaluation
➢ Region 14 ESC will review and evaluate all responses in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices. NCPA will assist the lead agency in evaluating proposals. Recommendations for contract awards will be based on multiple factors, each factor being assigned a point value based on its importance.

♦ Formation of Contract
➢ A response to this solicitation is an offer to contract with Region 14 ESC based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation does not become a contract until it is accepted by Region 14 ESC. The prospective vendor must submit a signed Signature Form with the response thus, eliminating the need for a formal signing process.

♦ NCPA Administrative Agreement
➢ The vendor will be required to enter and execute the National Cooperative Purchasing Alliance Administration Agreement with NCPA upon award with Region 14 ESC. The agreement establishes the requirements of the vendor with respect to a nationwide contract effort.

♦ Clarifications / Discussions
➢ Region 14 ESC may request additional information or clarification from any of the respondents after review of the proposals received for the sole purpose of elimination minor irregularities, informalities, or apparent clerical mistakes in the proposal.

Clarification does not give respondent an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision. After the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions with those respondent’s whose proposals are determined to be reasonably susceptible of being selected for award. Discussions occur when oral or written communications between Region 14 ESC and respondent’s are conducted for the purpose clarifications involving information essential for determining the acceptability of a proposal or that provides respondent an opportunity to revise or modify its proposal. Region 14 ESC will not assist respondent bring its proposal up to the level of other proposals through discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet to neither obtain further consideration nor will it provide any information about other respondents’ proposals or prices. ♦ Multiple Awards
➢ Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will ensure that any ensuing contracts fulfill current and future requirements of the diverse and large number of participating public agencies.
♦ Past Performance
➢ Past performance is relevant information regarding a vendor’s actions under previously awarded contracts; including the administrative aspects of performance; the vendor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the vendor’s businesslike concern for the interests of the customer.

 WAXIE is pleased to have had an agreement in place with Region 14 ESC over the past four years and we look forward to continuing to provide superior administrative performance, exceptional levels of customer satisfaction, and mandating that customers’ interests drive every decision we make as well as every solution we offer.

WAXIE has been delivering superior customer service for over 75 years. Currently WAXIE manages over 5,000 public sector accounts throughout the US and rarely has a service related

issue. Our experience with State purchasing cooperatives and price group purchasing cooperatives in the public sector accounts for over 25% of our total business.

Our partner Brighton Cromwell is a very fast growing supply source integration and logistics company that has prospered under the difficult rules of business in the federal sector. Brighton Cromwell has a perfect record with the Defense Logistics Agency in delivering highly complex contract requirements worldwide including into active war zones.

Our combined customer touches, through orders and deliveries, exceed three million instances annually. Both of our companies are highly invested in customer service and highly capable of delivering superior service to all of our customers.

Except where indicated otherwise, WAXIE acknowledges and agrees to all other aspects of the Process section.

Evaluation Criteria

♦ Pricing (40 points)
➢ Electronic Price Lists
▪ Products, Services, Warranties, etc. price list
▪ Prices listed will be used to establish both the extent of a vendor’s product lines, services, warranties, etc. available from a particular bidder and the pricing per item.

♦ Ability to Provide and Perform the Required Services for the Contract (25 points) ➢ Product Delivery within participating entities specified parameters ➢ Number of line items delivered complete within the normal delivery time as a percentage of line items ordered.
➢ Vendor’s ability to perform towards above requirements and desired specifications. ➢ Quantity of line items available that are commonly purchased by the entity. ➢ Quality of line items available compared to normal participating entity standards.

♦ References (15 points)
➢ A minimum of ten (10) customer references for product and/or services of similar scope dating within past 3 years

♦ Technology for Supporting the Program (10 points)
➢ Electronic on-line catalog, order entry use by and suitability for the entity’s needs ➢ Quality of vendor’s on-line resources for NCPA members. ➢ Specifications and features offered by respondent’s products and/or services

♦ Value Added Services Description, Products and/or Services (10 points) ➢ Marketing and Training
➢ Customer Service

WAXIE acknowledges and agrees to all aspects of the Evaluation Criteria section.

Signature Form

The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing.

The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this bid in collusion with any other Respondent and that the contents of this proposal as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal.

Prices are guaranteed: 120 days

Company name Waxie’s Enterprises, Inc. dba WAXIE Sanitary Supply

Address 9353 Waxie Way

City/State/Zip San Diego, CA 92123

Telephone No. Office: 800/292-9437 x641; Cell: 480/213-1709

Fax No. 619/615-2150

Email address [email protected]

Printed name Mike Muscara

Position with company Corporate Account Director

Authorized signature

Except where indicated otherwise, WA XIE acknowledges and agrees to all other aspects of Tab 1.

Tab 2 – NCPA Administration Agreement

This Administration Agreement is made as of , by and between National Cooperative Purchasing Alliance (“NCPA”) and (“Vendor”).

Recitals

WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated , referenced as Contract Number , by and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms thereof (the “Master Agreement”), for the purchase of Comprehensive Operational and Janitorial Supplies Solutions; WHEREAS, said Master Agreement provides that any state, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution, other government agency or nonprofit organization (hereinafter referred to as “public agency” or collectively, “public agencies”) may purchase products and services at the prices indicated in the Master Agreement; WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the Master Agreement to public agencies;
WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with other master agreements offered by NCPA
WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement; WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master Agreement to public agencies on a national basis;

NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, NCPA and Vendor hereby agree as follows:
♦ General Terms and Conditions
➢ The Master Agreement, attached hereto as Tab 1 and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. ➢ NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to NCPA under this Agreement including, but not limited to, the Vendor’s obligation to provide appropriate insurance and certain indemnifications to Region 14 ESC.
➢ Vendor shall perform all duties, responsibilities and obligations required under the Master Agreement in the time and manner specified by the Master Agreement. ➢ NCPA shall perform all of its duties, responsibilities, and obligations as administrator of purchases under the Master Agreement as set forth herein, and Vendor acknowledges that NCPA shall act in the capacity of administrator of purchases under the Master Agreement. ➢ With respect to any purchases made by Region 14 ESC or any Public Agency pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, re-marketer, representative, partner, or agent of any type of Vendor, Region 14 ESC, or such Public Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region April 11, 2016
Waxie's Enterprises
April 11, 2016
02-27

14 ESC, any Public Agency or any employee of Region 14 ESC or Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and (c) shall not be obligated, liable or responsible for any failure by the Public Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. NCPA makes no representations or guaranties with respect to any minimum purchases required to be made by Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or Public Agency under this Agreement or the Master Agreement. ➢ The Public Agency participating in the NCPA contract and Vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the Public Agency and Vendor. NCPA, its agents, members and employees shall not be made party to any claim for breach of such agreement. ♦ Term of Agreement
➢ This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through the termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive the term of this Agreement.

♦ Fees and Reporting
➢ The awarded vendor shall electronically provide NCPA with a detailed monthly or quarterly report showing the dollar volume of all sales under the contract for the previous month or quarter. Reports shall be sent via e-mail to NCPA offices at [email protected].

Reports are due on the fifteenth (15th) day after the close of the previous month or quarter.

It is the responsibility of the awarded vendor to collect and compile all sales under the contract from participating members and submit one (1) report. The report shall include at least the following information as listed in the example below:

Entity Name Zip Code State PO or Job # Sale Amount

Total

➢ Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported.

From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee schedule below. Vendor’s annual sales shall be measured on a calendar year basis.

Deadline for term of payment will be included in the invoice NCPA provides.

Annual Sales Through Contract Administrative Fee
0 - $30,000,000 2%
$30,000,001 - $50,000,000 1.5%
$50,000,001+ 1%

➢ Supplier shall maintain an accounting of all purchases made by Public Agencies under the Master Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a period of four (4) years from the date NCPA receives the accounting. In the event of such an audit, the requested materials shall be provided at the location designated by Region 14 ESC or NCPA. In the event such audit reveals an underreporting of Contract Sales and a resulting underpayment of administrative fees, Vendor shall promptly pay NCPA the amount of such underpayment, together with interest on such amount and shall be obligated to reimburse NCPA’s costs and expenses for such audit.

 General Provisions
➢ This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.
➢ Awarded vendor agrees to allow NCPA to use their name and logo within website, marketing materials and advertisement. Any use of NCPA name and logo or any form of publicity regarding this contract by awarded vendor must have prior approval from NCPA.

 WAXIE requests reciprocity using the following language:

NCPA and Region 14 ESC agree to allow WAXIE to use their names and logos within website, marketing materials and advertisement. Any use of WAXIE name and logo or any form of publicity regarding this contract by NCPA or Region 14 ESC must have prior approval by WAXIE.

➢ If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled.
➢ Neither this Agreement nor any rights or obligations hereunder shall be assignable by Vendor without prior written consent of NCPA. Any assignment without such consent will be void.

➢ This Agreement and NCPA’s rights and obligations hereunder may be assigned at NCPA’s sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform NCPA’s obligations hereunder ➢ All written communications given hereunder shall be delivered to the addresses as set forth below.

Except where indicated otherwise, WAXIE acknowledges and agrees to all other aspects of Tab 2.

Signature:

Date: March 28, 2016

National Cooperative Purchasing Alliance:

Name:

Vendor: WAXIE Sanitary Supply

Name: Mike Muscara

Title: Title: Corporate Accounts Director

Address: Address: 9353 Waxie Way

San Diego, CA 92123

Signature: ________________________________________

Date:

Matthew Mackel
Director, Business Development
PO Box 701273
Houston, TX 77270
April 11, 2016

Tab 3 – Vendor Questionnaire

Please provide responses to the following questions that address your company’s operations, organization, structure, and processes for providing products and services.  States Covered
➢ Bidder must indicate any and all states where products and services can be offered. ➢ Please indicate the price co-efficient for each state if it varies.  Pricing and any additional transportation charges are described completely in the General Terms and Conditions section of Tab 1 and in Tab 7

__X__ 50 States & District of Columbia (Selecting this box is equal to checking all boxes below)

Alabama Maryland South Carolina
Alaska Massachusetts South Dakota
Arizona Michigan Tennessee
Arkansas Minnesota Texas
California Mississippi Utah
Colorado Missouri Vermont
Connecticut Montana Virginia
Delaware Nebraska Washington
District of Columbia Nevada West Virginia
Florida New Hampshire Wisconsin
Georgia New Jersey Wyoming
Hawaii New Mexico
Idaho New York
Illinois North Carolina
Indiana North Dakota
Iowa Ohio
Kansas Oklahoma
Kentucky Oregon
Louisiana Pennsylvania
Maine Rhode Island

__X__ All US Territories and Outlying Areas (Selecting this box is equal to checking all boxes below)

American Somoa Northern Marina Islands

Federated States of Micronesia Puerto Rico

Guam U. S. Virgin Islands

Midway Islands

Please reference our pricing and delivery program in the Pricing section of Tab 1 and in Tab 7.

♦ Minority and Women Business Enterprise (MWBE) and (HUB) Participation ➢ It is the policy of some entities participating in NCPA to involve minority and women business enterprises (MWBE) and historically underutilized businesses (HUB) in the purchase of goods and services. Respondents shall indicate below whether or not they are an M/WBE or HUB certified.
▪ Minority / Women Business Enterprise
• Respondent Certifies that this firm is a M/WBE
▪ Historically Underutilized Business
• Respondent Certifies that this firm is a HUB

 Please note that WAXIE is not a Minority and Women Owned Business Enterprise. Since many Public Sector agencies require or prefer to work through a disadvantaged business partner, WAXIE has developed a network reputable small disadvantaged businesses that we are authorizing to support the contract through sales, customer service, and other commercially useful functions. The current list of such companies can be found in the Authorized Distributors section of Tab 1 in this response, including the Minority and Women Owned businesses MANS, Inc., Sustain One, and DID, Inc.

♦ Residency
➢ Responding Company’s principal place of business is in the city of San Diego_____, State of CA
➢ Felony Conviction Notice
➢ Please Check Applicable Box;
A publically held corporation; therefore, this reporting requirement is not applicable. Is not owned or operated by anyone who has been convicted of a felony.

Is owned or operated by the following individual(s) who has/have been convicted of a felony
➢ If the 3rd box is checked, a detailed explanation of the names and convictions must be attached.

♦ Distribution Channel
➢ Which best describes your company’s position in the distribution channel:

Manufacturer Direct Certified education/government reseller Authorized Distributor Manufacturer marketing through reseller Value-added reseller Other:

♦ Processing Information
➢ Provide company contact information for the following:
▪ Sales Reports / Accounts Payable
Contact Person: Sales Reports: Jorge Vazquez / Accounts Payable: Aldo Preciado Title: Jorge - Sales Analyst / Aldo – Market Segment Specialist Company: WAXIE Sanitary Supply
Address: 9353 Waxie Way___________________________________________ City: San Diego State: CA Zip: 92123
Phone: 800/544-8054 x 648/ x 649 Email: [email protected]/[email protected]

▪ Purchase Orders
Contact Person: Aldo Preciado
Title: Market Segment Specialist
Company: WAXIE Sanitary Supply
Address: 9353 Waxie Way
City: San Diego State: CA Zip: 92123
Phone: 800/544-8054 x 649 Email: [email protected]

▪ Sales and Marketing

Contact Person: Mike Muscara
Title: Corporate Account Director
Company: WAXIE Sanitary Supply
Address: 9353 Waxie Way
City: San Diego State: CA Zip: 92123
Phone: Office: 800/292-9437 x641; Cell: 480/213-1789
Email: [email protected]

♦ Pricing Information
➢ In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future product introductions at prices that are proportionate to Contract Pricing.
▪ If answer is no, attach a statement detailing how pricing for NCPA participants would be calculated for future product introductions.

Yes No
➢ Pricing submitted includes the required NCPA administrative fee. The NCPA fee is calculated based on the invoice price to the customer.

Yes No
➢ Vendor will provide additional discounts for purchase of a guaranteed quantity.

Yes No

Tab 4 – Vendor Profile

Please provide the following information about your company:

♦ Company’s official registered name.
 Our legally registered name is Waxie’s Enterprises, Inc. ♦ Brief history of your company, including the year it was established.  Founded in 1945, WAXIE Sanitary Supply is a 71-year-old, privately held, family owned company with a proud history of honoring our clients, communities, and family values.

This attitude is embodied in our company motto: “The Most Trusted Name In Clean.

Since 1945.” WAXIE has long been focused on our customers and prides ourselves on helping businesses keep their facilities cleaner, healthier, greener and safer. We are passionate about what we do and committed to delivering that passion to our customers.

WAXIE is among the largest distributors of sanitary supplies and equipment in the Western USA and is one of the largest family owned distributors in the nation. We differentiate ourselves by having orders delivered on time, at the right price, with exceptional customer service. We are here to listen to our clients and respond to their needs. Our average fill rate on orders is 97%.

For the past 7 decades, WAXIE has remained the industry leader in the distribution of quality institutional supplies to the Public Sector, commercial, industrial, and contractor markets in the United States and abroad.
♦ Company’s Dun & Bradstreet (D&B) number.
 02-914-2577
♦ Company’s organizational chart of those individuals that would be involved in the contract.  Please see Exhibit A for an organizational charts of WAXIE individuals to be involved in this contract. We have included our corporate and operational zone organizational charts. ♦ Corporate office location.
➢ List the number of sales and services offices for states being bid in solicitation.  WAXIE’s corporate office is located in San Diego, CA. Additionally, we have (21) twenty- one sales and services offices located throughout Alaska, Arizona, California, Colorado, Idaho, Nevada, Oregon, Utah, and Washington.
➢ List the names of key contacts at each with title, address, phone and e-mail address.  Please see Exhibit B for a listing of all of our office locations and the key contact information for each.
♦ Define your standard terms of payment.
 WAXIE’s standard payment terms are Net 30.

♦ Who is your competition in the marketplace?
 Our competition includes the following:

W.W. Grainger, Inc.

Staples, Inc.

Office Depot, Inc.

MSC Corp.

Fastenal
Veritiv Corp.

W.B. Mason, Inc.

Woolsley, Inc.
♦ What differentiates your company from competitors?

 WAXIE, a relatively small company, has been able to set standards for sustainable supply chain development in the institutional supply segment for Public Sector contracts. Through the creative use of discounting and programs that encourage customers to change procurement process behavior, WAXIE has contributed to the greening of the supply chain since 2004.

Those same sustainability principles are currently applied through all of the categories we can source. We are able to accomplish this by creating specific programs that match the needs of individual customers, under the umbrella of our national group purchasing contracts.

Through negotiated Supplemental Agreements WAXIE encourages sustainability enhancing behaviors from our contract customers such as:
• Full electronic commerce with order to invoice;
• Automated payment handled electronically with no exchange of paper invoices or checks; • Increases in order size through order volume discounting; • Purchase of third party verified green products whenever possible; • Participation in a complete Deliver Clean Savings account audit that brings substantial supply chain savings;
• Drop shipment large volume orders for many products.

All of these programs allow us to reduce our operating costs and the impact on the environment of contract fulfillment, and pass those savings along to our contract customers.

♦ Describe how your company will market this contract if awarded.  Marketing Initiatives – WAXIE, Brighton Cromwell, our Disadvantaged Business partners, and our manufacturers will do the following to market the Region14/NCPA contract nationally:

WAXIE
• Our sales force of over 200 will be trained in all features and benefits of the contract and will bring the contract to all available Public Sector entities eligible for its use as our first option.
• WAXIE’s teleservice sales force will also be trained and will be marketing the contract to Public Sector agencies throughout the United States.
• WAXIE will feature the NCPA contract at all of the trade shows we attend including NIGP nationally, state wide ASBO’s, statewide purchasing groups like CAPPO in CA, Corrections Industries, NASPO, and many others.
• WAXIE will transmit contract information regularly to both current and prospective customers via a robust email marketing campaign.

Brighton Cromwell
• Brighton Cromwell will educate its internal telesales and external sales force on the features and benefits of the contract and use the contract as its first choice for nonfederal Public Sector opportunities.
• Brighton Cromwell will coordinate both email and telemarketing outreach programs to prospective NCPA clients.
• Brighton Cromwell will communicate to all current customers through the contract web ordering portal www.waxiencpa.com
.
• Brighton Cromwell will use SEO and related tools to include social media to identify, market to, and promote the use of the NCPA contract.

Disadvantaged Business affiliates – All of our participating customers provide additional exposure for the contract at trade shows and through their web sites.

♦ Describe how you intend to introduce NCPA to your company.  WAXIE enjoys an existing contract with Region 14 ESC and NCPA; our sales force is very aware of the strength of that contract. The new contract information will be communicated at sales meetings at every branch office of WAXIE and Brighton Cromwell. In addition, a detailed SOP Manual will be created for the new contract and placed in an online reference area that all Sales and Operations personnel can access. On our website www.waxie.com, a new contract
page with all information necessary for current and prospective customers will be posted within thirty (30) days of award.
♦ Describe your firm’s capabilities and functionality of your on-line catalog / ordering website.  The WAXIE/Brighton Cromwell ecommerce platform is a proven, tested application allowing users to access over 150,000 standard stocked, priced parts and to request price and availability for non-stocked items. The site (www.waxiencpa.com) houses dozens of commodity groups supporting fleet, facilities, food service, laundry, and office supply. The system is fully mobile enabled and has the following features:

• User friendly/intuitive screen for ordering parts.
• Fully “cloud” based solution with no software or firmware installation required.

• The ability to login remotely and to validate the user as an approved user. • The ability to search by part number and nomenclature or drill into commodities. • The ability to request pricing and availability for non -catalog items regardless of brand name or user location
• The ability to create a multi-part order “cart” or a single line item order. • The ability to place orders for multiple product lines and commodities on one purchase order.
• The ability to create orders from remote and mobile locations in real time. • A print option for all orders placed to include the PO#. • The ability to store and edit multiple “shopping carts” for future re-use/reorder. • The ability to update parts quantities up to the point of order confirmation. • The ability to run user purchase history reports online. • The ability to support multiple ship-to locations for an individual approved user. • The ability to assign individual approved users rights, restrictions, and roles. • Functionality to provide users ability to access status of all orders and deliveries. • Messaging capability to allow for approved users to communicate with customer service. • Live customer service and dedicated client support representatives. • On-line help/tutorial.
• Print capability.
• Daily data backup.
• Program and database security IAW commercially accepted standards. • Off-site DPR and “hot site” dual capability is live as part of a disaster mitigation plan.

♦ Describe your company’s Customer Service Department (hours of operation, number of service centers, etc.)

 WAXIE employs over 50 Customer Service Representatives supporting over 200 sales professionals and all of our customers. Each of our 21 locations provides local customer service and our Home Office provides customer service to all of our GPO contract customers as well as our other corporate and strategic accounts.

Hours of operation for customer service are 8am Eastern to 5pm Pacific. Customers may call in to 800/544-8054 x649 to contact Aldo Preciado, the primary contact for orders and service inquiries. Aldo can also be reached by email at [email protected].

Additional customer service support is provided by Brighton Cromwell for any web related customer services issues or inquiries. Brighton Cromwell customer service is available between 6:00am to 4:00pm Pacific with on-call support available until 5:00pm Pacific.

Dedicated customer service can be reached via email or by calling 973/252-4100.

♦ Green Initiatives
➢ As our business grows, we want to make sure we minimize our impact on the Earth’s climate. We are taking every step we can to implement innovative and responsible environmental practices throughout NCPA to reduce our carbon footprint, reduce waste, energy conservation, ensure efficient computing and much more. To that effort we ask respondents to provide their companies environmental policy and/or green initiative.

 WAXIE shares NCPA’s and Region 14 ESC’s emphasis on minimizing our impact on the Earth’s climate as well as employing environmentally responsible practices. WAXIE is a leader in green and sustainable options for our partners. WAXIE is committed to being an industry leader in promoting responsible business practices that support sustainable communities that are secure, economically prosperous, environmentally responsible and healthy places in which to live and work. Sustainability has emerged as a global theme of the 21st century – it is a concept which balances the interconnectedness of the environment, the economy and our quality of life. Please see Exhibit C for our Commitment to Sustainability brochure.

WAXIE has led the development of sustainable supply chain contracts in the Public Sector since 2004 and we are recognized as a leader in both the sale of and development of green cleaning products as well as operating our company as environmentally appropriately as possible. Here are some of our initiatives:
• WAXIE has committed to building all new buildings to LEED Silver and has two new Regional Inventory Centers that are LEED Silver Certified, Salt Lake City, UT and Mesa, AZ. The WAXIE Livermore facility is currently seeking LEED-EB certification. • WAXIE has converted our four California Regional Inventory Centers to LED lighting.
• Photovoltaic Solar Panels have been installed at all California locations. Other locations are being evaluated for solar power.
• WAXIE has purchased and operates several CNG powered delivery trucks. These trucks are being operated out of our Santa Ana, CA facility and the program will be expanded to other areas as CNG filling stations become more common. • WAXIE has the largest selection of green cleaning products, sanitary paper, and hand care products in the US.
• WAXIE has introduced a new line of bio-based products under our brand. • WAXIE is a member of the USGBC with ten LEED EB Accredited Professionals on staff.
• WAXIE recycles all of its corrugated card board, office paper, plastic wrap, and pallets at all of our facilities.
• Brighton Cromwell offers a full line of EPA approved Energy Star items. This includes lighting, power tools, appliances, HVAC items, plumbing supplies, building materials and more.
• Brighton Cromwell actively promotes brands such as GreenWorks, a line of energy efficient, chargeable outdoor power products.
• Brighton Cromwell participates in the “Envirolink” program, with over 2,000 stocked items that save water, are energy efficient, are recyclable, conserve resources, or are Energy Star qualified.
• Brighton Cromwell is a leading provider of pre-packaged vehicle maintenance and repair kits which results in dramatically reduced packaging and environmental waste.
• Brighton Cromwell recycles all its corrugated card board, office paper, plastic wrap, and pallets at all of its facilities.

Over the past 12 years, WAXIE has developed a wealth of tools and initiatives to support a more environmentally sustainable portfolio of products and programs.

Our WAXIE GPS® Green Partner Support™ program is unparalleled in helping organizations reach their sustainability goals. This program and process allows WAXIE to determine customized needs in a balanced approach summarizing and measuring for management oversight; while still conducting site surveys and providing the right product mix for customer-facing operations. Please see Exhibit D for our Green Partner Support brochure.

♦ Vendor Certifications (if applicable)
➢ Provide a copy of all current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing respondent to perform the covered services including, but not limited to, licenses, registrations, or certifications. Certifications can include M/WBE, HUB, and manufacturer certifications for sales and service.

 Please see Exhibit E for a listing of our licenses and registrations.

Tab 5 – Products and Services

♦ Respondent shall perform and provide these products and/or services under the terms of this agreement. The supplier shall assist the end user with making a determination of their individual needs.
♦ The following is a list of suggested (but not limited to) categories. List all categories along with manufacturer that you are responding with:
 Contract Category Minimum Category
Discount
Cleaning Supplies - Floor and carpet cleaning tools, window cleaning tools, general purpose cleaning tools and accessories. 30% Cleaning Chemicals 30%
3M Cleaning Tools 15%
3M Diamond Grit Floor Pads 15%
Spartan Chemical 20%
Dilution Control Cleaning Chemical Systems 30%
Floor Finishes and Floor Sealers 40%
Wood Floor Cleaning and Maintenance Products 30%
Battery Operated Cleaning Equipment 18%
Cord electric Powered Equipment 28%
Gas, diesel and propane powered cleaning equipment 10%
Direct Wired Electrical Equipment 10%
Equipment Parts and Accessories 10%
Paper Products - Toilet Tissue, Paper Towels, Facial Tissues 50% Plastic Can Liners 50%
Laundry Products 40%
Ware Washing Products 40%
Food Service Disposable Products 30%
Air Filters 12%
Appliances 10%
Automotive 12%
Building Materials 10%
Electrical Repairs and Equipment 15%
Electronics & Technology 11%
Farm & Ranch 12%
Fasteners 15%
Furniture 10%
General 7%
Hand Tools 11%
HVAC 10%
Lamps, Ballasts, Fixtures 15%
Lawn & Garden 10%
Material Handling 10%
Office Supplies 10%
Paint and Accessories 7%

Plumbing 15%
Pneumatic Tools 7%
Power Tools & Accessories 7%
Safety & Security 12%
Welding and Soldering 8%

WAXIE understands and acknowledges the requirements in Tab 5. We have substituted our products and services categories for the sample categories that appeared on the original RFP.

WAXIE will add categories beyond those listed above as they become available.

Tab 6 – References

♦ Provide at least ten (10) customer references for products and/or services of similar scope dating within the past three (3) years. Please provide a range of references across all eligible government entity groups including K-12, higher education, city, county, or non-profit entities.

♦ All references should include the following information from the entity:
➢ Entity Name
➢ Contact Name and Title
➢ City and State
➢ Phone
➢ Years Serviced
➢ Description of Services
➢ Annual Volume

 Please see Exhibit F for a comprehensive list of WAXIE’s customer references.

WAXIE acknowledges and understands the quantity and range of references being requested in Tab 6.

We are confident the quantity, quality, and range of government entity groups provided in Exhibit E will not only satisfy but exceed this requirement.

Tab 7 – Pricing

♦ Please submit price list electronically (pricing can be submitted as Discount off MSRP, cost plus, etc). Products, services, warranties, etc. should be included in price list. Prices submitted will be used to establish the extent of a respondent’s products and services (Tab 5) that are available and also establish pricing per item.
 Please see Exhibit J of our electronic submission for our complete price list. ♦ Price lists must contain the following:
➢ Product name and part number (include both manufacturer part number and respondent part number if different from manufacturers).
➢ Description
➢ Vendor’s List Price
➢ Percent Discount to NCPA participating entities

♦ Submit price list electronically on CD, DVD, or Flash Drive. Include respondents name, name of solicitation, and date on media of choice.

♦ Not To Exceed Pricing
➢ NCPA requests pricing be submitted as “not to exceed pricing” for any participating entity. ➢ The awarded vendor can adjust submitted pricing lower but cannot exceed original pricing submitted for solicitation.
➢ NCPA requests that vendor honor lower pricing for similar size and scope purchases to other members.

As indicated in the General Terms and Conditions of Tab 1, WAXIE offers the following policies with regard to pricing:

 WAXIE Sanitary Supply is offering the following price and delivery program:
o Within WAXIE Sanitary Supply’s normal company owned truck delivery zones, all orders are delivered with no minimum order and no freight charges. o Outside of WAXIE Sanitary Supply’s normal company truck delivery zones, all orders shall have a no minimum and shall be delivered on a freight prepay and add basis.

The same pricing and delivery parameters shall prevail for any subcontractors WAXIE utilizes for contract fulfillment in states where we do not operate.

Special Pricing and Delivery Terms:

Alaska
WAXIE Sanitary Supply operates in the State of Alaska. Due to Alaska’s extraordinary environment and the distances and expense required to operate in Alaska, the following terms shall apply.

A twenty-nine (29) cent per pound additional charge shall be added to all prices quoted for the

continental U.S. for delivery in WAXIE Sanitary Supply’s normal delivery area in Anchorage and Fairbanks.

Outside of WAXIE Sanitary Supply’s normal truck delivery area in Anchorage and Fairbanks, the Alaska price plus freight on a prepay and add basis.

Delivery to remote areas is on an availability of transportation basis. Some areas have no deliveries in the winter months.

Hawaii, Puerto Rico and US Territories
All orders outside contiguous United States and Alaska will be charged contract price plus actual freight.

WAXIE prices are based on a category minimum discount off list price. WAXIE prices are based on a minimum discount by category. Each line item is individually priced at or below the category discount percentage. This allows WAXIE to provide the best pricing for each line item and increases the contract’s value to the end user.

List prices are based on manufacturers’ or Master Distributors’ list price in effect on April 1, 2016 or WAXIE list price effective on March 1, 2016. WAXIE publishes list prices on the first of each month. March 1, 2016 WAXIE Price Pages will be provided upon request. Category discounts are included on our price spreadsheet.

WAXIE acknowledges and understands the pricing requirements as delineated in Tab 7.

Tab 8 – Value Added Products and Services

♦ Include any additional products and/or services available that vendor currently performs in their normal course of business that is not included in the scope of the solicitation that you think will enhance and add value to this contract for Region 14 ESC and all NCPA participating entities.

 WAXIE adds value to our partnerships in numerous ways, Including but limited to the following:
• WAXIE Deliver Clean Savings (DCS®)
• WAXIE Green Partner Support (GPS®)
• WAXIE Web Based Training
• WAXIE Onsite Training
• WAXIE Specialists
• Brighton Cromwell “Spot Buy” Functionality
• Dedicated Customer Support

WAXIE Deliver Clean Savings
Qualifying customers can take advantage of WAXIE’s premier consulting service for supply chain analysis. To qualify, customers must agree to purchase their supplies from WAXIE through the NCPA contract and participate fully in the survey process. The program requires participation by procurement as well as all necessary operating departments. Cost reductions of 20-25% hard costs are a common result. Please see Exhibit G for the WAXIE DCS Brochure for Higher Education and a sample DCS power point presentation.

WAXIE Green Partner Support
Customers that are interested in working with WAXIE to investigate all areas of sustainability in their buildings can utilize WAXIE’s GPS program. The program is designed to survey and recommend product and process changes that have a lasting positive effect on the environment. The program allows for tracking green product spend as well as employee training on the proper products and processes to reduce the overall impact on the environment of cleaning operations.

Please see Exhibit H for our GPS program brochure along with a sample outcome.

WAXIE Web Based Training
WAXIE’s online training provides basic custodial operations training and testing online. The program allows supervisors to track and archive employee performance. All modules are available in English and Spanish. Please see Exhibit I for WAXIE’s online training brochure.

WAXIE Onsite training
Customers can receive customized training programs onsite through WAXIE’s over 200 sales professionals and through our manufacturer’s representatives and their training staffs.

WAXIE Specialists
WAXIE offers the most knowledgeable and well trained consulting capacity of any facility supply company. WAXIE employs Equipment and Chemical Specialists at all our locations to provide answers and best practices with regard to utilization and efficacy of the equipment and chemical products we sell.

Brighton Cromwell “Spot Buy” Functionality
Customers can inquire about pricing and availability for virtually any item within the contract scope.

Brighton Cromwell is not restricted in its product offering by geographic or product boundaries. As sourcing and procurement professionals Brighton Cromwell is able to provide product well outside of its standard, stocked items and supply chain.

Dedicated Customer Support
Customers can access dedicated contract specific customer service professionals. These individuals are able to respond to any and all questions or concerns related to the website (www.waxiencpa.com
), product scope, spot buys, or order status.

Tab 9 – Required Documents

♦ Clean Air and Water Act / Debarment Notice

♦ Contractors Requirements

♦ Antitrust Certification Statements

♦ FEMA Standard Terms and Conditions Addendum for Contracts and Grants

♦ Required Clauses for Federal Assistance by FTA

♦ State Notice Addendum

WAXIE acknowledges and understands and is please to sign all documents contained in Tab 9.

Clean Air and Water Act & Debarment Notice

I, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended (42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator for the Enforcement.

I hereby further certify that my company has not been debarred, suspended or otherwise ineligible for participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension”, as described in the Federal Register and Rules and Regulations

Potential Vendor
Print Name
Address

City, Sate, Zip San Diego, CA 92123

Authorized signature

Date

9353 Waxie Way
March 28. 2016
WAXIE Sanitary Supply
Mike Muscara

Contractor Requirements

Contractor Certification
Contractor’s Employment Eligibility
By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further warrants that it is in compliance with the various state statues of the states it is will operate this contract in.

Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to confirm compliance in accordance with applicable laws.

Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including, but not limited to:
suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.

The offeror complies and maintains compliance with the appropriate statutes which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with the E-Verify Employee Eligibility Verification Program.

Contractor shall comply with governing board policy of the NCPA Participating entities in which work is being performed

Fingerprint & Background Checks

If required to provide services on school district property at least five (5) times during a month, contractor shall submit a full set of fingerprints to the school district if requested of each person or employee who may provide such service.

Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide services on school district properties until authorized by the District.

The offeror shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which the work is being performed unless otherwise exempted.

Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being performed

Business Operations in Sudan, Iran
In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the contractor does not have scrutinized business operations in Sudan and/or Iran.

Authorized signature
March 28, 2016 Date

Antitrust Certification Statements (Tex. Government Code § 2155.005)

I affirm under penalty of perjury of the laws of the State of Texas that:

(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below;
(2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;

(3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; and

(4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.

Company name WAXIE Sanitary Supply

Address 9353 Waxie Way

City/State/Zip San Diego, CA 92123

Telephone No. Office: 800/292-9437 x641; Cell: 480/213-1709

Fax No. 619/615-2150

Email address [email protected]

Printed name Mike Muscara

Position with company Corporate Account Director

Authorized signature

FEMA Standard Terms and Conditions Addendum for Contracts and Grants

If any purchase made under the Master Agreement is funded in whole or in part by Federal Emergency Management Agency (“FEMA”) grants, Contractor shall comply with all federal laws and regulations applicable to the receipt of FEMA grants, including, but not limited to the contractual procedures set forth in Title 44 of the Code of Federal Regulations, Part 13 (“44 CFR 13”).

In addition, Contractor agrees to the following specific provisions:

1) Pursuant to 44 CFR 13.36(i)(1), University is entitled to exercise all administrative, contractual, or other remedies permitted by law to enforce Contractor’s compliance with the terms of this Master Agreement, including but not limited to those remedies set forth at 44 CFR 13.43.
2) Pursuant to 44 CFR 13.36(i)(2), University may terminate the Master Agreement for cause or convenience in accordance with the procedures set forth in the Master Agreement and those provided by 44 CFR 13.44. 3) Pursuant to 44 CFR 13.36(i)(3)-(6)(12), and (13), Contractor shall comply with the following federal laws:
a. Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor (“DOL”) regulations (41 CFR Ch. 60);
b. Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented in DOL regulations (29 CFR Part 3); c. Davis-Bacon Act (40 U.S.C. 276a-276a-7) as supplemented by DOL regulations (29 CFR Part 5); d. Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-30) as supplemented by DOL regulations (29 CFR Part 5);
e. Section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and f. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation play issued in compliance with the Energy Policy and Conservation Act (Pub. L.94-163, 89 Stat. 871).
4) Pursuant to 44 CFR 13.36(i)(7), Contractor shall comply with FEMA requirements and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41. 5) Pursuant to 44 CFR 13.36(i)(8), Contractor agrees to the following provisions 72 regarding patents:
a. All rights to inventions and/or discoveries that arise or are developed, in the course of or under this Agreement, shall belong to the participating agency and be disposed of in accordance with the participating agencies policy. The participating agency, at its own discretion, may file for patents in connection with all rights to any such inventions and/or discoveries. 6) Pursuant to 44 CFR 13.36(i)(9), Contractor agrees to the following provisions, regarding copyrights:
a. If this Agreement results in any copyrightable material or inventions, in accordance with 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, for Federal Government purposes:
1) The copyright in any work developed under a grant or contract; and 2) Any rights of copyright to which a grantee or a contactor purchases ownership with grant support. 7) Pursuant to 44 CFR 13.36(i)(10), Contractor shall maintain any books, documents, papers, and records of the Contractor which are directly pertinent to this Master Agreement. At any time during normal business hours and as often as the participating agency deems necessary, Contractor shall permit participating agency, FEMA, the Comptroller General of United States, or any of their duly authorized representatives to inspect and photocopy such records for the purpose of making audit, examination, excerpts, and transcriptions. 8) Pursuant to 44 CFR 13.36(i)(11), Contractor shall retain all required records for three years after FEMA or participating agency makes final payments and all other pending matters are closed. In addition, Contractor shall comply with record retention requirements set forth in 44 CFR 13.42.

Required Clauses for Federal Assistance provided by FTA

ACCESS TO RECORDS AND REPORTS

Contractor agrees to:

a) Maintain all books, records, accounts and reports required under this Contract for a period of not less than three (3) years after the date of termination or expiration of this Contract or any extensions thereof except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain same until Public Agency, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.

b) Permit any of the foregoing parties to inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts with regard to the Project and to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the purpose of audit and examination.

FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts. Reference 49 CFR 18.39 (i)(11).

CIVIL RIGHTS / TITLE VI REQUIREMENTS

1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C. § 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, marital status age, or disability. In addition, Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

2) Equal Employment Opportunity. The following Equal Employment Opportunity requirements apply to this Contract:
a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal Transit Law at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable Equal Employment Opportunity requirements of U.S. Dept. of Labor regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 CFR, Parts 60 et seq., and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of this Project.

Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, marital status, or age. 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. In addition, Contractor agrees to comply with any implementing requirements FTA may issue.

b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act”, 29 CFR Part 1625, prohibit employment discrimination by Contractor against individuals on the basis of age, including present and prospective

employees. In addition, Contractor agrees to comply with any implementing requirements FTA may issue.

c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Contractor agrees that it will comply with the requirements of the Equal Employment Opportunity Commission (EEOC), “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR, Part 1630, pertaining to employment of persons with disabilities and with their responsibilities under Titles I through V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions.

d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not and will not permit their employees to perform their services at any location under the Contractor’s control where segregated facilities are maintained. As used in this certification the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees that a breach of this certification will be a violation of this Civil Rights clause.

3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation, made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin.

4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the non-discrimination provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in whole or in part.

Contractor agrees to include the requirements of this clause in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

DISADVANTAGED BUSINESS PARTICIPATION

This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”, therefore, it is the policy of the Department of Transportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT-assisted contracts. 1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all applicablerequirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or other such remedy as public agency deems appropriate. Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)).

2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than thirty (30) days after Contractor’s receipt of payment for that Work from public agency. In addition, Contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor’s work related to this Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without prior written consent of public agency.

3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract.

Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract.

ENERGY CONSERVATION REQUIREMENTS

Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C.

Sections 6321 et seq. and 41 CFR Part 301-10.

FEDERAL CHANGES

Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Contract between public agency and the FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this Contract.

INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

The provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by the DOT, as set forth in the most current FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. Contractor agrees not to perform any act, fail to perform any act, or refuse to comply with any public agency requests that would cause public agency to be in violation of the FTA terms and conditions.

NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES

Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract.

Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS

Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work is being performed.

In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.

Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

State Notice Addendum

Pursuant to certain state notice provisions the following public agencies and political subdivisions of the referenced public agencies are eligible to access the contract award made pursuant to this solicitation. Public agencies and political subdivisions are hereby given notice of the foregoing request for proposal for purposes of complying with the procedural requirement of said statutes:

Nationwide: http://www.usa.gov/Agencies/Local_Government/Cities.shtml

Other States: Cities, Towns, Villages, and Boroughs

No.

Cities, Towns, Villages and Boroughs in Oregon
54 CITY OF MOSIER
55 CITY OF NEWBERG
1 CEDAR MILL COMMUNITY LIBRARY
2 CITY COUNTY INSURANCE SERVICES
3 CITY OF ADAIR VILLAGE
4 CITY OF ALBANY
5 CITY OF ASHLAND
6 CITY OF ASTORIA OREGON
7 CITY OF AUMSVILLE
8 CITY OF AURORA
9 CITY OF BEAVERTON
10 CITY OF BOARDMAN
11 CITY OF BURNS
12 CITY OF CANBY
13 CITY OF CANNON BEACH OR
14 CITY OF CANYONVILLE
15 CITY OF CENTRAL POINT POLICE DEPARTMENT
16 CITY OF CLATSKANIE
17 CITY OF COBURG
18 CITY OF CONDON
19 CITY OF COOS BAY
20 CITY OF CORVALLIS
21 CITY OF COTTAGE GROVE
22 CITY OF CRESWELL
23 CITY OF DALLAS
24 CITY OF DAMASCUS
25 CITY OF DUNDEE
26 CITY OF EAGLE POINT
27 CITY OF ECHO
28 CITY OF ESTACADA
29 CITY OF EUGENE
30 CITY OF FAIRVIEW
31 CITY OF FALLS CITY
32 CITY OF GATES
33 CITY OF GEARHART
34 CITY OF GERVAIS
35 CITY OF GOLD HILL
36 CITY OF GRANTS PASS
37 CITY OF GRESHAM
38 CITY OF HAPPY VALLEY
39 CITY OF HILLSBORO
40 CITY OF HOOD RIVER
41 CITY OF JOHN DAY
42 CITY OF KLAMATH FALLS
43 CITY OF LA GRANDE
44 CITY OF LAKE OSWEGO
45 CITY OF LAKESIDE
46 CITY OF LEBANON
47 CITY OF MALIN
48 CITY OF MCMINNVILLE
49 CITY OF MEDFORD
50 CITY OF MILL CITY
51 CITY OF MILLERSBURG
52 CITY OF MILWAUKIE
53 CITY OF MORO
56 CITY OF NORTH PLAINS
57 CITY OF OREGON CITY
58 CITY OF PHOENIX
59 CITY OF PILOT ROCK
60 CITY OF PORT ORFORD
61 CITY OF PORTLAND
62 CITY OF POWERS
63 CITY OF REDMOND
64 CITY OF REEDSPORT
65 CITY OF RIDDLE
66 CITY OF SALEM
67 CITY OF SANDY
68 CITY OF SANDY
69 CITY OF SCAPPOOSE
70 CITY OF SEASIDE
71 CITY OF SHADY COVE
72 CITY OF SHERWOOD
73 CITY OF SPRINGFIELD
74 CITY OF ST. PAUL
75 CITY OF STAYTON
76 CITY OF TIGARD, OREGON
77 CITY OF TUALATIN, OREGON
78 CITY OF WARRENTON
79 CITY OF WEST LINN/PARKS
80 CITY OF WILSONVILLE
81 CITY OF WINSTON
82 CITY OF WOOD VILLAGE
83 CITY OF WOODBURN
84 CITY OF YACHATS
85 FLORENCE AREA CHAMBER OF COMMERCE
86 GASTON RURAL FIRE DEPARTMENT
87 GLADSTONE POLICE DEPARTMENT
88 HOUSING AUTHORITY OF THE CITY OF SALEM
89 KEIZER POLICE DEPARTMENT
90 LEAGUE OF OREGON CITIES
91 MALIN COMMUNITY PARK AND RECREATION DISTRICT
92 METRO
93 MONMOUTH - INDEPENDENCE NETWORK
94 PORTLAND DEVELOPMENT COMMISSION
95 RAINIER POLICE DEPARTMENT
96 RIVERGROVE WATER DISTRICT
97 SUNSET EMPIRE PARK AND RECREATION
98 THE NEWPORT PARK AND RECREATION CENTER
99 TILLAMOOK PEOPLES UTILITY DISTRICT
100 TUALATIN VALLEY FIRE & RESCUE
101 WEST VALLEY HOUSING AUTHORITY
No. Counties and Parishes
1 ASSOCIATION OF OREGON COUNTIES
2 BENTON COUNTY
3 CLACKAMAS COUNTY DEPT OF TRANSPORTATION
4 CLATSOP COUNTY
5 COLUMBIA COUNTY, OREGON
6 COOS COUNTY HIGHWAY DEPARTMENT
7 CROOK COUNTY ROAD DEPARTMENT

8 CURRY COUNTY OREGON 3 BAKER SCHOOL DISTRICT 5-J
9 DESCHUTES COUNTY 4 BANDON SCHOOL DISTRICT
10 DOUGLAS COUNTY 5 BANKS SCHOOL DISTRICT
11 GILLIAM COUNTY 6 BEAVERTON SCHOOL DISTRICT
12 GILLIAM COUNTY OREGON 7 BEND / LA PINE SCHOOL DISTRICT 13 GRANT COUNTY, OREGON 8 BEND-LA PINE SCHOOL DISTRICT
14 HARNEY COUNTY SHERIFFS OFFICE 9 BROOKING HARBOR SCHOOL DISTRICT NO.17-C 15 HOOD RIVER COUNTY 10 CANBY SCHOOL DISTRICT
16 HOUSING AUTHORITY OF CLACKAMAS COUNTY 11 CANYONVILLE CHRISTIAN ACADEMY 17 JACKSON COUNTY HEALTH AND HUMAN SERVICES 12 CASCADE SCHOOL DISTRICT 18 JEFFERSON COUNTY 13 CASCADES ACADEMY OF CENTRAL OREGON 19 KLAMATH COUNTY VETERANS SERVICE OFFICE 14 CENTENNIAL SCHOOL DISTRICT 20 LAKE COUNTY 15 CENTRAL CATHOLIC HIGH SCHOOL
21 LANE COUNTY 16 CENTRAL POINT SCHOOL DISTRICT NO. 6
22 LINCOLN COUNTY 17 CENTRAL SCHOOL DISTRICT 13J
23 LINN COUNTY 18 CLACKAMAS EDUCATION SERVICE DISTRICT
24 MARION COUNTY , SALEM, OREGON 19 COOS BAY SCHOOL DISTRICT 25 MORROW COUNTY 20 COOS BAY SCHOOL DISTRICT NO.9
26 MULTNOMAH COUNTY 21 COQUILLE SCHOOL DISTRICT 8
27 MULTNOMAH COUNTY 22 COUNTY OF YAMHILL SCHOOL DISTRICT 29 28 MULTNOMAH LAW LIBRARY 23 CRESWELL SCHOOL DISTRICT
29 NAMI LANE COUNTY 24 CROSSROADS CHRISTIAN SCHOOL
30 POLK COUNTY 25 CULVER SCHOOL DISTRICT NO.
31 SHERMAN COUNTY 26 DALLAS SCHOOL DISTRICT NO. 2
32 UMATILLA COUNTY, OREGON 27 DAVID DOUGLAS SCHOOL DISTRICT 33 UNION COUNTY 28 DAYTON SCHOOL DISTRICT NO.8
34 WALLOWA COUNTY 29 DE LA SALLE N CATHOLIC HS
35 WASCO COUNTY 30 DESCHUTES COUNTY SD NO.6 - SISTERS SD 36 WASHINGTON COUNTY 31 DOUGLAS COUNTY SCHOOL DISTRICT 116 37 YAMHILL COUNTY 32 DOUGLAS EDUCATION SERVICE DISTRICT 1 BOARD OF WATER SUPPLY 33 DUFUR SCHOOL DISTRICT NO.29
2 COUNTY OF HAWAII 34 ELKTON SCHOOL DISTRICT NO.34
3 MAUI COUNTY COUNCIL 35 ESTACADA SCHOOL DISTRICT NO.108 No. Higher Education 36 FOREST GROVE SCHOOL DISTRICT
1 BIRTHINGWAY COLLEGE OF MIDWIFERY 37 GASTON SCHOOL DISTRICT 511J 2 BLUE MOUNTAIN COMMUNITY COLLEGE 38 GEN CONF OF SDA CHURCH WESTERN OR 3 CENTRAL OREGON COMMUNITY COLLEGE 39 GLADSTONE SCHOOL DISTRICT 4 CHEMEKETA COMMUNITY COLLEGE 40 GLENDALE SCHOOL DISTRICT 5 CLACKAMAS COMMUNITY COLLEGE 41 GLIDE SCHOOL DISTRICT NO.12 6 COLUMBIA GORGE COMMUNITY COLLEGE 42 GRANTS PASS SCHOOL DISTRICT 7 7 GEORGE FOX UNIVERSITY 43 GREATER ALBANY PUBLIC SCHOOL DISTRICT 8 KLAMATH COMMUNITY COLLEGE DISTRICT 44 GRESHAM-BARLOW SCHOOL DISTRICT 9 LANE COMMUNITY COLLEGE 45 HARNEY COUNTY SCHOOL DIST. NO.3 10 LEWIS AND CLARK COLLEGE 46 HARNEY EDUCATION SERVICE DISTRICT 11 LINFIELD COLLEGE 47 HEAD START OF LANE COUNTY
12 LINN-BENTON COMMUNITY COLLEGE 48 HERITAGE CHRISTIAN SCHOOL 13 MARYLHURST UNIVERSITY 49 HIGH DESERT EDUCATION SERVICE DISTRICT 14 MT. HOOD COMMUNITY COLLEGE 50 HOOD RIVER COUNTY SCHOOL DISTRICT 15 MULTNOMAH BIBLE COLLEGE 51 JACKSON CO SCHOOL DIST NO.9 16 NATIONAL COLLEGE OF NATURAL MEDICINE 52 JEFFERSON COUNTY SCHOOL DISTRICT 509-J 17 NORTHWEST CHRISTIAN COLLEGE 53 JEFFERSON SCHOOL DISTRICT 18 OREGON HEALTH AND SCIENCE UNIVERSITY 54 KLAMATH FALLS CITY SCHOOLS 19 OREGON UNIVERSITY SYSTEM 55 LA GRANDE SCHOOL DISTRICT 20 PACIFIC UNIVERSITY 56 LAKE OSWEGO SCHOOL DISTRICT 7J 21 PORTLAND COMMUNITY COLLEGE 57 LANE COUNTY SCHOOL DISTRICT 4J 22 PORTLAND STATE UNIV. 58 LANE COUNTY SCHOOL DISTRICT 69 23 REED COLLEGE 59 LEBANON COMMUNITY SCHOOLS NO.9
24 ROGUE COMMUNITY COLLEGE 60 LINCOLN COUNTY SCHOOL DISTRICT 25 SOUTHWESTERN OREGON COMMUNITY COLLEGE 61 LINN CO. SCHOOL DIST. 95C - SCIO SD 26 TILLAMOOK BAY COMMUNITY COLLEGE 62 LOST RIVER JR/SR HIGH SCHOOL 27 UMPQUA COMMUNITY COLLEGE 63 LOWELL SCHOOL DISTRICT NO.71 28 WESTERN STATES CHIROPRACTIC COLLEGE 64 MARION COUNTY SCHOOL DISTRICT 103 - WASHINGTON ES 29 WILLAMETTE UNIVERSITY 65 MCMINNVILLE SCHOOL DISTRICT NO.40 1 ARGOSY UNIVERSITY 66 MEDFORD SCHOOL DISTRICT 549C
2 BRIGHAM YOUNG UNIVERSITY - HAWAII 67 MITCH CHARTER SCHOOL 3 COLLEGE OF THE MARSHALL ISLANDS 68 MOLALLA RIVER ACADEMY 4 RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII 69 MOLALLA RIVER SCHOOL DISTRICT NO.35 5 UNIVERSITY OF HAWAII AT MANOA 70 MONROE SCHOOL DISTRICT NO.1J No. K - 12
1 ARCHBISHOP FRANCIS NORBERT BLANCHET SCHOOL
2 BAKER COUNTY SCHOOL DIST. 16J - MALHEUR ESD
71 MORROW COUNTY SCHOOL DISTRICT
72 MT. ANGEL SCHOOL DISTRICT NO.91
73 MT.SCOTT LEARNING CENTERS
74 MULTISENSORY LEARNING ACADEMY

75 MULTNOMAH EDUCATION SERVICE DISTRICT 16 BONNEVILLE ENVIRONMENTAL FOUNDATION 76 MYRTLE POINT SCHOOL DISTRICT NO.41 17 BOYS AND GIRLS CLUBS OF PORTLAND METROPOLITAN AREA 77 NEAH-KAH-NIE DISTRICT NO.56 18 BROAD BASE PROGRAMS INC. 78 NESTUCCA VALLEY SCHOOL DISTRICT NO.101 19 CANBY FOURSQUARE CHURCH 79 NOBEL LEARNING COMMUNITIES 20 CANCER CARE RESOURCES
80 NORTH BEND SCHOOL DISTRICT 13 21 CASCADIA BEHAVIORAL HEALTHCARE 81 NORTH CLACKAMAS SCHOOL DISTRICT 22 CASCADIA REGION GREEN BUILDING COUNCIL 82 NORTH SANTIAM SCHOOL DISTRICT 29J 23 CATHOLIC CHARITIES 83 NORTH WASCO CTY SCHOOL DISTRICT 21 - CHENOWITH 24 CATHOLIC COMMUNITY SERVICES 84 NORTHWEST REGIONAL EDUCATION SERVICE DISTRICT 25 CENTER FOR RESEARCH TO PRACTICE 85 NYSSA SCHOOL DISTRICT NO. 26 26 CENTRAL BIBLE CHURCH 86 ONTARIO MIDDLE SCHOOL 27 CENTRAL CITY CONCERN
87 OREGON TRAIL SCHOOL DISTRICT NO.46 28 CENTRAL DOUGLAS COUNTY FAMILY YMCA 88 OUR LADY OF THE LAKE SCHOOL 29 CENTRAL OREGON COMMUNITY ACTION AGENCY NETWORK 89 PHILOMATH SCHOOL DISTRICT 30 CHILDPEACE MONTESSORI
90 PHOENIX-TALENT SCHOOL DISTRICT NO.4 31 CITY BIBLE CHURCH 91 PORTLAND ADVENTIST ACADEMY 32 CLACKAMAS RIVER WATER
92 PORTLAND JEWISH ACADEMY 33 CLASSROOM LAW PROJECT
93 PORTLAND PUBLIC SCHOOLS 34 COAST REHABILITATION SERVICES 94 RAINIER SCHOOL DISTRICT 35 COLLEGE HOUSING NORTHWEST 95 REDMOND SCHOOL DISTRICT 36 COLUMBIA COMMUNITY MENTAL HEALTH 96 REEDSPORT SCHOOL DISTRICT 37 COMMUNITY ACTION ORGANIZATION 97 REYNOLDS SCHOOL DISTRICT 38 COMMUNITY ACTION TEAM, INC. 98 ROGUE RIVER SCHOOL DISTRICT NO.35 39 COMMUNITY CANCER CENTER 99 ROSEBURG PUBLIC SCHOOLS 40 COMMUNITY HEALTH CENTER, INC 100 SALEM-KEIZER PUBLIC SCHOOLS 41 COMMUNITY VETERINARY CENTER 101 SCAPPOOSE SCHOOL DISTRICT 1J 42 CONFEDERATED TRIBES OF GRAND RONDE 102 SEASIDE SCHOOL DISTRICT 10 43 CONSERVATION BIOLOGY INSTITUTE 103 SEVEN PEAKS SCHOOL 44 CONTEMPORARY CRAFTS MUSEUM AND GALLERY 104 SHERWOOD SCHOOL DISTRICT 88J 45 CORVALLIS MOUNTAIN RESCUE UNIT 105 SILVER FALLS SCHOOL DISTRICT 46 COVENANT CHRISTIAN HOOD RIVER 106 SIUSLAW SCHOOL DISTRICT 47 COVENANT RETIREMENT COMMUNITIES 107 SOUTH COAST EDUCATION SERVICE DISTRICT 48 DECISION SCIENCE RESEARCH INSTITUTE, INC. 108 SOUTH LANE SCHOOL DISTRICT 45J3 49 DELIGHT VALLEY CHURCH OF CHRIST 109 SOUTHERN OREGON EDUCATION SERVICE DISTRICT 50 DOGS FOR THE DEAF, INC. 110 SOUTHWEST CHARTER SCHOOL 51 DOUGLAS ELECTRIC COOPERATIVE, INC. 111 SPRINGFIELD SCHOOL DISTRICT NO.19 52 EAST HILL CHURCH 112 STANFIELD SCHOOL DISTRICT 53 EAST SIDE FOURSQUARE CHURCH 113 SWEET HOME SCHOOL DISTRICT NO.55 54 EAST WEST MINISTRIES INTERNATIONAL 114 THE CATLIN GABEL SCHOOL 55 EDUCATIONAL POLICY IMPROVEMENT CENTER 115 TIGARD-TUALATIN SCHOOL DISTRICT 56 ELMIRA CHURCH OF CHRIST 116 UMATILLA-MORROW ESD 57 EMERALD PUD
117 VERNONIA SCHOOL DISTRICT 47J 58 EMMAUS CHRISTIAN SCHOOL 118 WEST HILLS COMMUNITY CHURCH 59 EN AVANT, INC.
119 WEST LINN WILSONVILLE SCHOOL DISTRICT 60 ENTERPRISE FOR EMPLOYMENT AND EDUCATION 120 WHITEAKER MONTESSORI SCHOOL 61 EUGENE BALLET COMPANY 121 YONCALLA SCHOOL DISTRICT NO.32 62 EUGENE SYMPHONY ASSOCIATION, INC. 1 CONGREGATION OF CHRISTIAN BROTHERS OF HAWAII, INC. 63 EUGENE WATER & ELECTRIC BOARD 2 EMMANUAL LUTHERAN SCHOOL 64 EVERGREEN AVIATION MUSEUM AND CAP. MICHAEL KING. 3 HANAHAU`OLI SCHOOL 65 FAIR SHARE RESEARCH AND EDUCATION FUND 4 HAWAII TECHNOLOGY ACADEMY 66 FAITH CENTER
5 ISLAND SCHOOL 67 FAITHFUL SAVIOR MINISTRIES
6 KAMEHAMEHA SCHOOLS 68 FAMILIES FIRST OF GRANT COUNTY, INC. 7 KE KULA O S. M. KAMAKAU 69 FANCONI ANEMIA RESEARCH FUND INC. 8 MARYKNOLL SCHOOL 70 FARMWORKER HOUISNG DEV CORP
9 PACIFIC BUDDHIST ACADEMY 71 FIRST CHURCH OF THE NAZARENE No. Nonprofit & Other 72 FIRST UNITARIAN CHURCH
1 211INFO 73 FORD FAMILY FOUNDATION
2 ACUMENTRA HEALTH 74 FOUNDATIONS FOR A BETTER OREGON
3 ADDICTIONS RECOVERY CENTER, INC 75 FRIENDS OF THE CHILDREN 4 ALLFOURONE/CRESTVIEW CONFERENCE CTR. 76 GATEWAY TO COLLEGE NATIONAL NETWORK 5 ALVORD-TAYLOR INDEPENDENT LIVING SERVICES 77 GOAL ONE COALITION 6 ALZHEIMERS NETWORK OF OREGON 78 GOLD BEACH POLICE DEPARTMENT 7 ASHLAND COMMUNITY HOSPITAL 79 GOOD SHEPHERD COMMUNITIES 8 ATHENA LIBRARY FRIENDS ASSOCIATION 80 GOODWILL INDUSTRIES OF LANE AND SOUTH COAST COUNTIES 9 BARLOW YOUTH FOOTBALL 81 GRANT PARK CHURCH
10 BAY AREA FIRST STEP, INC. 82 GRANTS PASS MANAGEMENT SERVICES, DBA 11 BENTON HOSPICE SERVICE 83 GREATER HILLSBORO AREA CHAMBER OF COMMERCE 12 BETHEL CHURCH OF GOD 84 HALFWAY HOUSE SERVICES, INC. 13 BIRCH COMMUNITY SERVICES, INC. 85 HEARING AND SPEECH INSTITUTE INC 14 BLACHLY LANE ELECTRIC COOPERATIVE 86 HELP NOW! ADVOCACY CENTER 15 BLIND ENTERPRISES OF OREGON 87 HIGHLAND HAVEN

88 HIGHLAND UNITED CHURCH OF CHRIST 160 PLANNED PARENTHOOD OF SOUTHWESTERN OREGON 89 HIV ALLIANCE, INC 161 PORT CITY DEVELOPMENT CENTER
90 HOUSING AUTHORITY OF LINCOLN COUNTY 162 PORTLAND ART MUSEUM 91 HOUSING AUTHORITY OF PORTLAND 163 PORTLAND BUSINESS ALLIANCE 92 HOUSING NORTHWEST 164 PORTLAND HABILITATION CENTER, INC. 93 INDEPENDENT INSURANCE AGENTS AND BROKERS OF OREGON 165 PORTLAND SCHOOLS FOUNDATION 94 INTERNATIONAL SOCIETY FOR TECHNOLOGY IN EDUCATION 166 PORTLAND WOMENS CRISIS LINE 95 INTERNATIONAL SUSTAINABLE DEVELOPMENT FOUNDATION 167 PREGNANCY RESOUCE CENTERS OF GRETER PORTLAND 96 IRCO 168 PRINGLE CREEK SUSTAINABLE LIVING CENTER
97 JASPER MOUNTAIN 169 PUBLIC DEFENDER SERVICES OF LANE COUNTY, INC. 98 JUNIOR ACHIEVEMENT 170 QUADRIPLEGICS UNITED AGAINST DEPENDENCY, INC. 99 KLAMATH HOUSING AUTHORITY 171 REBUILDING TOGETHER - PORTLAND INC. 100 LA CLINICA DEL CARINO FAMILY HEALTH CARE CENTER 172 REGIONAL ARTS AND CULTURE COUNCIL 101 LA GRANDE UNITED METHODIST CHURCH 173 RELEVANT LIFE CHURCH 102 LANE ELECTRIC COOPERATIVE 174 RENEWABLE NORTHWEST PROJECT 103 LANE MEMORIAL BLOOD BANK 175 ROGUE FEDERAL CREDIT UNION 104 LANECO FEDERAL CREDIT UNION 176 ROSE VILLA, INC.
105 LAUREL HILL CENTER 177 SACRED HEART CATHOLIC DAUGHTERS 106 LIFEWORKS NW 178 SAIF CORPORATION
107 LIVING WAY FELLOWSHIP 179 SAINT ANDREW NATIVITY SCHOOL 108 LOAVES & FISHES CENTERS, INC. 180 SAINT CATHERINE OF SIENA CHURCH 109 LOCAL GOVERNMENT PERSONNEL INSTITUTE 181 SAINT JAMES CATHOLIC CHURCH 110 LOOKING GLASS YOUTH AND FAMILY SERVICES 182 SALEM ALLIANCE CHURCH 111 MACDONALD CENTER 183 SALEM ELECTRIC
112 MAKING MEMORIES BREAST CANCER FOUNDATION, INC. 184 SALMON-SAFE INC. 113 METRO HOME SAFETY REPAIR PROGRAM 185 SCIENCEWORKS
114 METROPOLITAN FAMILY SERVICE 186 SE WORKS
115 MID COLUMBIA COUNCIL OF GOVERNMENTS 187 SECURITY FIRST CHILD DEVELOPMENT CENTER 116 MID-COLUMBIA CENTER FOR LIVING 188 SELF ENHANCEMENT INC. 117 MID-WILLAMETTE VALLEY COMMUNITY ACTION AGENCY, INC 189 SERENITY LANE 118 MORNING STAR MISSIONARY BAPTIST CHURCH 190 SEXUAL ASSAULT RESOURCE CENTER 119 MORRISON CHILD AND FAMILY SERVICES 191 SEXUAL ASSAULT RESOURCE CENTER 120 MOSAIC CHURCH 192 SHELTERCARE
121 NATIONAL PSORIASIS FOUNDATION 193 SHERIDAN JAPANESE SCHOOL FOUNDATION 122 NATIONAL WILD TURKEY FEDERATION 194 SHERMAN DEVELOPMENT LEAGUE, INC. 123 NEW AVENUES FOR YOUTH INC 195 SILVERTON AREA COMMUNITY AID 124 NEW BEGINNINGS CHRISTIAN CENTER 196 SISKIYOU INITIATIVE 125 NEW HOPE COMMUNITY CHURCH 197 SMART
126 NEWBERG FRIENDS CHURCH 198 SOCIAL VENTURE PARTNERS PORTLAND 127 NORTH BEND CITY- COOS/URRY HOUSING AUTHORITY 199 SOUTH COAST HOSPICE, INC. 128 NORTHWEST FOOD PROCESSORS ASSOCIATION 200 SOUTH LANE FAMILY NURSERY DBA FAMILY RELIEF NURSE 129 NORTHWEST LINE JOINT APPRENTICESHIP & TRAINING COMMITTEE 201 SOUTHERN OREGON CHILD AND FAMILY COUNCIL, INC. 130 NORTHWEST REGIONAL EDUCATIONAL LABORATORY 202 SOUTHERN OREGON HUMANE SOCIETY 131 NORTHWEST YOUTH CORPS 203 SPARC ENTERPRISES
132 OCHIN 204 SPIRIT WIRELESS
133 OHSU FOUNDATION 205 SPONSORS, INC.
134 OLIVET BAPTIST CHURCH 206 SPOTLIGHT THEATRE OF PLEASANT HILL 135 OMNIMEDIX INSTITUTE 207 SPRINGFIELD UTILITY BOARD
136 OPEN MEADOW ALTERNATIVE SCHOOLS, INC. 208 ST VINCENT DE PAUL 137 OREGON BALLET THEATRE 209 ST. ANTHONY CHURCH
138 OREGON CITY CHURCH OF THE NAZARENE 210 ST. ANTHONY SCHOOL 139 OREGON COAST COMMUNITY ACTION 211 ST. MARYS OF MEDFORD, INC. 140 OREGON DEATH WITH DIGNITY 212 ST. VINCENT DEPAUL OF LANE COUNTY 141 OREGON DONOR PROGRAM 213 STAND FOR CHILDREN
142 OREGON EDUCATION ASSOCIATION 214 STAR OF HOPE ACTIVITY CENTER INC. 143 OREGON ENVIRONMENTAL COUNCIL 215 SUMMIT VIEW COVENANT CHURCH 144 OREGON MUSUEM OF SCIENCE AND INDUSTRY 216 SUNNYSIDE FOURSQUARE CHURCH 145 OREGON PROGRESS FORUM 217 SUNRISE ENTERPRISES
146 OREGON REPERTORY SINGERS 218 SUSTAINABLE NORTHWEST
147 OREGON STATE UNIVERSITY ALUMNI ASSOCIATION 219 TENAS ILLAHEE CHILDCARE CENTER 148 OREGON SUPPORTED LIVING PROGRAM 220 THE EARLY EDUCATION PROGRAM, INC. 149 OSLC COMMUNITY PROGRAMS 221 THE NATIONAL ASSOCIATION OF CREDIT MANAGEMENT-OREGON, 150 OUTSIDE IN INC.
151 OUTSIDE IN 222 THE NEXT DOOR
152 PACIFIC CASCADE FEDERAL CREDIT UNION 223 THE OREGON COMMUNITY FOUNDATION 153 PACIFIC FISHERY MANAGEMENT COUNCIL 224 THE SALVATION ARMY - CASCADE DIVISION 154 PACIFIC INSTITUTES FOR RESEARCH 225 TILLAMOOK CNTY WOMENS CRISIS CENTER 155 PACIFIC STATES MARINE FISHERIES COMMISSION 226 TILLAMOOK ESTUARIES PARTNERSHIP 156 PARALYZED VETERANS OF AMERICA 227 TOUCHSTONE PARENT ORGANIZATION 157 PARTNERSHIPS IN COMMUNITY LIVING, INC. 228 TRAILS CLUB 158 PENDLETON ACADEMIES 229 TRAINING EMPLOYMENT CONSORTIUM 159 PENTAGON FEDERAL CREDIT UNION 230 TRI-COUNTY HEALTH CARE SAFETY NET ENTERPRISE