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3.2 Amendment. Section 3.2.1 of the Agreement is hereby amended in its entirety to read as follows:
“3.2.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “A”.
The total compensation shall not exceed Two Hundred Thousand Dollars and zero cents ($200,000) without written approval of City’s Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
Exhibit “C” is hereby deleted in its entirety and replaced with Attachment A attached hereto and incorporated herein by reference.
3.3 Continuing Effect of Agreement . Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.
3.5 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6 Integration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR AMENDMENT NO. 2 TO MAINTENANCE SERVICES
AGREEMENT BETWEEN THE CITY OF ONTARIO
AND APPLIANCE SOLUTIONS, LLC DBA MR. APPLIANCE
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 as of the day and year first above written.
CITY OF ONTARIO APPLIANCE SOLUTIONS, LLC DBA MR.
APPLIANCE
By:
Its:
Printed Name:
By:
Its:
Printed Name:
Approved By:
Scott Ochoa
City Manager
Approved as to Form:
Best Best & Krieger LLP
City Attorney
Attested By:
City Clerk
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EXHIBIT A
RATE SHEET
FISCAL YEAR 2025-2026
NO. LABOR RATES PER HOUR
1 Hourly Rate (Mon-Fri) and
Warranty
$200 travel/diagnostic, $175
per hour. If repair is a
customer instruction or
minimal time required, only
$200 will be billed. Example
of labor for 2 hours of repair
time: $200 travel/diagnostic
plus $350 = $550 labor plus
parts (if required).
Labor warranty is 60 days
due to “commercially” used
appliances. Warranty for
parts installed is determined
by the warranty provided by
the manufacture and/or
vendor the part was
purchased from.
2 Time and Half Rate (Mon-Fri) $260
3 After Hours (Weekend) $260
4 Ice Machine Service $900 - $1000 per machine
5 **All proposals must be approved
prior to completing repairs or
replacements.
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Department: Public Works
Prepared By: Lance Verdugo
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Bonnie Tam, Jacqueline Leon
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 10
SUBJECT:
APPROVE THE PURCHASE OF JANITORIAL SUPPLIES WITH BRADY PLUS
CITY OF ONTARIO
Agenda Report
June 17, 2025
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That the City Council authorize the City Manager, or his designee, to approve the purchase of janitorial supplies from Brady Plus, of Ontario, California, in an amount not-to- exceed $340,000 consistent with the terms and conditions of the OMNIA Cooperative Contract No. 152610.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Maintain the Current High Level of Public Safety
FISCAL IMPACT:
The purchase of janitorial supplies with Brady Plus is not-to-exceed the amount of $340,000 over the remaining two-year term. If approved, appropriations will be included in future Annual Budgets to City Council for approval as needed in the Facilities Maintenance Fund for the purchase of janitorial supplies.
The approval of a cooperative supplier to provide janitorial supplies does not commit the City to any specific levels of future expenditures with this supplier.
BACKGROUND & ANALYSIS:
The Municipal Services Department cleans, maintains, and sanitizes 10 City buildings including City Hall, City Hall Annex, Ontario Museum of History and Art, Revenue/Public Works Administration, Ontario Municipal Utilities Company, and all Police Department buildings, in addition to any other City facilities upon special request. The City relies on its vendors to provide janitorial supplies on a regular basis to keep an adequate supply available in our warehouse for City Staff to use as needed.
Municipal Code Section 2-6.29 allows for the purchase of supplies and equipment through co- operative purchasing programs, pursuant to California Government Code Section 6502 and City of Ontario Resolution No. 91-141. Cooperative purchasing allows the City to pool its procurement power with other public agencies to obtain lower pricing than otherwise might be possible. 529
Region 14 Education Service Center (ESC)
Contract 152610
for
Comprehensive Operational and Janitorial Supplies and Solutions with
Waxie's Enterprises, and its affiliates, BradyPLUS companies Effective: June 1, 2024
530
The following documents comprise the executed contract between the Region 14 Educational Service Center (ESC) and Waxie's Enterprises, and its affiliates, BradyPLUS companies, effective June 1, 2024:
I. Signed Offer and Acceptance
II. Supplier’s Response to the RFP, incorporated by reference 531
Region XIV Education Service Center
1850 Highway 351
Abilene, TX 79601-4750
325-675-8600
FAX 325-675-8659
May 21, 2024
Steve Thomas
Senior VP National Accounts
WAXIE’s Enterprise, LLC and its affiliates, BradyPLUS
9353 Waxie Way
San Diego, CA 92123
Sent via email to: [email protected]
Re: Award of Contract #152610 Comprehensive Operational and Janitorial Supplies and Solutions
Dear Mr. Thomas:
Region 14 Education Service Center is happy to announce that WAXIE’s Enterprise, LLC and its affiliates, BradyPLUS has been awarded Contract #152610 based on the proposal submitted to Region 14 ESC in response to RFP# 24-S824 Comprehensive Operational and Janitorial Supplies and Solutions. As stated in the RFP, VI. Signature Form, this contract award letter is the countersignature to WAXIE’s Enterprise, LLC and its affiliates, BradyPLUS response and provides Region 14’s acceptance of the response and establishes the contract.
The contract is effective June 1, 2024. The contract may be renewed in accordance with the contract terms and conditions.
We look forward to a long and successful partnership.
If you have any questions or concerns, feel free to contact me at 325-675-8600.
Sincerely,
Emily Jeffrey
Region 14, Chief Financial Officer
DocuSign Envelope ID: B57BDFA3-B89F-4237-9F15-FCB3060F9654 532
533
Region 14 Education Service Center
RFP 24-S824
Comprehensive Operational & Janitorial Supplies
Solutions made available through OMNIA Partners 534
535
April 4th, 2024
OMNIA Partners
Region 14 Education Service Center
RFP 24-S824 Comprehensive Operational and Janitorial Supplies and Solutions Dear Region14 ESC and OMNIA Partners,
Waxie’s Enterprises LLC (“Waxie Sanitary Supply”), its affiliates, BradyPLUS companies are pleased to submit our response to Region 14 ESC for Comprehensive Operational and Janitorial Supplies and Solutions. We recognize that Region 14 ESC is looking for qualified suppliers to form a long-term partnership and offer a complete line of products and services for K-12 and other public agencies on this Master Agreement.
Much like Region 14 ESC’s strategic partnership with OMNIA Partners to offer products and services to other public agencies nationally, BradyPLUS, through our family of affiliates including Waxie Sanitary Supply is positioned to deliver products and services on a national scale. It is our goal that Region 14 ESC and OMNIA Partners experience the value BradyPLUS’ family of Affiliates provides to K-12 and Public Agencies through a National Contract.
As a longtime partner of Region 14 ESC and OMNIA Partners through previous contracts, we believe in the power of partnerships and understand our relationship is about your agenda, not ours! We provide complete solutions for facility supplies, food service packaging, industrial packaging, and marketing solutions. Our customers benefit from our services which in turn help them to reduce their exposure to risk, save time, lower their operating costs, and gain a competitive edge in the market.
BradyPLUS affiliates appreciate the opportunity to potentially continue our partnership and being a participant in this solicitation. We look forward to the opportunity to further discuss our value proposition and ultimately supply Region 14 ESC should we be invited to the next round of this process. If you have any questions regarding our submitted information, please don’t hesitate to contact me.
Thank you,
Amanda Parent
Senior Director National Account
WAXIE and BradyPLUS
[email protected]
949-294-2400
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REQUEST FOR PROPOSAL (RFP) FOR
Comprehensive Operational and Janitorial Supplies and Solutions
SOLICITATION NUMBER
RFP 24-S824
PUBLICATION DATE
Wednesday, February 21, 2024
QUESTIONS SUBMITTED BY
Thursday, March 21, 2024 2:00pm CT
SUBMITTAL DUE DATE AND TIME:
Thursday, April 4, 2024 2:00pm CT
Competitive Solicitation by
Region 14 Education Service C
enter
on behalf of itself and other Government Agencies
and made available through
OMNIA Partners, Public Sector, Inc.
NOTICE TO SUPPLIER: When partnering with OMNIA Partners, Region 14 uses Bonfire at https://omniapartners.bonfirehub.com/ to advertise solicitations, manage supplier questions, receive submittals and manage submittal evaluations. Questions regarding this solicitation must be submitted through Bonfire using the Ask a Question button and should be submitted before the question due date and time stated herein. Answers to questions will be posted in Bonfire approximately one week prior to the submittal due date and time.
Public Opening: Submittals will remain sealed by Bonfire until the submittal due date and time specified herein. Submittals received outside of Bonfire will not be accepted. At the due date and time listed, or modified via addenda, submittals will be opened, read aloud publicly and suppliers’ names recorded via the virtual meeting below.
Meeting URL: https://omniapartners.zoom.us/j/85731509439 Call In #: 346-248-7799
Meeting ID: 857 3150 9439
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I. INTRODUCTION
It is the intention of Region 14 Education Service Center (herein “Region 14 ESC”) to establish a contract for Comprehensive Operational and Janitorial Supplies and Solutions for use by Region 14 ESC and other public agencies supported under this contract.
Region 14 ESC aims to achieve the following objectives through this RFP. x Provide a comprehensive competitively solicited contract offering products and services to public agencies;
x Achieve cost savings for public agencies and suppliers through a single competitive solicitation process that eliminates the need for multiple proposals; x Combine the purchasing power of public agencies to achieve cost effective pricing; x Reduce the administrative and overhead costs of public agencies and suppliers through best in class purchasing procedures.
Region 14 Education Service Center (“Region 14 ESC”)
Region14 ESC schools are called Rural West Texas Schools that serve over 50,000 students in 42 school districts located in 13 counties which make up Region 14. Services are delivered to more than 3,900 professional educators and over 200 administrators who impact the lives of all of our children on 160 campus sites. There are seven institutions for higher learning including 3 universities, 3 colleges, and 1 technical college in Region 14.
National Contract
Region 14 ESC, as the Principal Procurement Agency, defined in Appendix B, has partnered with OMNIA Partners, Public Sector, Inc. (“OMNIA Partners”) to make the resultant contract (also known as the “Master Agreement” in materials distributed by OMNIA Partners) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative purchasing program. Region 14 ESC is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners (a “Participating Public Agency”) and by using the Master Agreement, any such Participating Public Agency agrees that it is registered with OMNIA Partners, whether pursuant to the terms of a Master Intergovernmental Cooperative Purchasing Agreement, a form of which is attached hereto in Appendix B, or as otherwise agreed to. Appendix B contains additional information about OMNIA Partners and the cooperative purchasing program.
OMNIA Partners is the largest and most experienced purchasing organization for public and private sector procurement. Through the economies of scale created by OMNIA Partners’ public sector subsidiaries and affiliates, our partici pants have access to competitively solicited and publicly awarded cooperative agreements. For all public sector contracts, the lead agency contracting process continues to be the foundation on which we were established. OMNIA Partners is proud to offer more value and resources to state and local government, higher education, K-12 education and non-profits.
OMNIA Partners provides shared services and supply chain optimization to government, education and the private sector. With corporate, pricing and sales commitments from the Supplier, OMNIA Partners provides marketing a nd administrative support for the Supplier that directly promotes the Supplier's products and services to Participating Public Agencies through
multiple channels, each designed to promote specif ic products and services to Public Agencies on a national basis. Participating Public Agencies benefit from pricing based on aggregate spend and the convenience of a contract that has already been advertised and publicly competed. The Supplier benefits from a contract that generally allo ws Participating Public Agencies to directly purchase goods and services without the Supplier's need to respond to additional competitive solicitations. As such, the Supplier must be able to accommodate a nationwide demand for services and to fulfill obligations as a nationwide Supplier and respond to the OMNIA Partners 538
documents (Appendix B).
While no minimum volume is guaranteed to the awarded supplier, the estimated annual volume of Comprehensive Operational and Janitorial Supplies and Solutions purchased under the Master Agreement through OMNIA Partners is approximately $150 MILLION. This projection is based on the current annual volumes among Region 14 ES C, other Participating Public Agencies anticipated to utilize the resulting Master Agreement to be made available to them through OMNIA Partners, and volume growth into other Public Agencies through a coordinated marketing approach between the awarded supplier and OMNIA Partners.
II. SCOPE
It is the intent of Region 14 ESC to establish a contract for Comprehensive Operational and Janitorial Supplies and Solutions. 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(s) that you are responding with:
x Cleaning Supplies - window cleaning tools, general purpose cleaning tools, tilt trucks, sponges wipers, microfiber, cleaning caddies, dusters, mops, brooms and accessories.
x Hand Hygiene – Sanitizer and hand soap
x Lodging Amenities – Shampoo, conditioner, lotion
x Trash cans, Recycle and Disposable Bins
x Big Belly Products and services
x Trash Liners
x Paper Products – Seat covers, toilet paper, paper towels, facial tissue etc. x Cleaning Chemicals
x Air Filtration equipment and Parts
x Dilution Control Cleaning Chemical Systems
x Laundry and ware wash chemicals
x Floor maintenance - Floor Finishes, Strippers, and Floor Sealers, wood floor products and floor maintenance chemicals
x Floor Mats
x Reconditioned Cleaning Equipment
x Corded Equipment
x Battery operated Equipment
x Tennant
x Nacecare
x Square scrub
x Envirox chemicals
x Tersano Chemicals
x Autonomous Equipment/Machines
x Industrial Machines
x Propane machines
x Equipment parts – repair parts for equipment, floor pads, squeegee, vacuum filter bags, etc.
x Personal amenities
x Feminine Hygiene
x Ice Melt
539
x Pest Control
x Material Handling
x Food Service Disposable Products – disposable plates, cutlery, portion cups, napkins, etc. x Foodservice Sma llware
x Safety Supplies – Gloves, masks, coveralls, partitions, spill kits, etc. x Lighting
o Fixtures, lamps, equipment, parts, tools and accessories. x Plumbing
o Fixtures, equipment, parts, tools and accessories.
x Electrical
o Fixtures, equipment, parts, tools and accessories.
x Heating, Ventilating and Air Conditioning
o Equipment, parts, tools and accessories.
x Hand Tools
x Power Tools
x Office Supplies
x Office Furniture
x Automotive
o Parts, Cleaning Supplies, Tools
x Building Materials
x Clothing & Apparel
x Doors & Windows
o Hardware and Accessories
x Electrical
x Lawn & Garden
x General – all other not defined in the categories above but within scope of the contract. x Paint & Painting Supplies
x Storage and Organization
Services
x Equipment repair and services
x VMI (Vendor Managed Inventory)
*Dispensers for each category will be added at market value and will not follow the category discount. Most proprietary disp ensers can be offered free of charge and will be negotiated between the BradyPLUS affiliate and the end-user.
See attached pricing proposal for full list of categories and manufacturers. This is the current representation of products and manufacturers, but categories or manufacturers may be added over time as needed due to market trends. Innovation, product availability and best value. BradyPLUS may decide to partner with new manufacturers to provide agencies the best assortment and value possible over the course of this contract.
540
III. INSTRUCTIONS TO SUPPLIERS
Submission of Response.
x Responses shall be received electronically no later than the submittal due date and time via Bonfire portal at https://omniapartners.bonfirehub.com x Bonfire will not accept any responses after the specified due date and time. x Only responses received via Bonfire will be accepted. Faxed or mailed responses will not be accepted.
x Responses may be submitted on any or all item s, unless stated otherwise. Region 14 ESC reserves the right to reject or accept any response.
x Proposals may be rejected for failure to comply with the requirements set forth in this solicitation.
Required Proposal Format. Responses shall be submitted electronically via Bonfire. Separate files should be used to separate the proposal into sections, as identified below. Suppliers failing to organize in the manner listed may be considered non-responsive and may not be evaluated.
It’s recommended that all sections, with the exception of Section 2 (Pricing), be submitted in Portable Document Format (PDF). Pricing may be submitted separately in an alternate format (e.g. xlsx, xls, csv).
Sections
Section 1 – Signature Form
Section 2 – Pricing
Section 3 – Ability to Perform, including response to the national program (Appendix B) Section 4 – References and Experience
Section 5 – Value Added Products and Services
Section 6 – Required Documents
Additional Agreements. If a supplier requires an additional agreement, a copy of the proposed agreement must be included with the proposal.
Deviations and Exceptions. Deviations or exceptions stipulated in a supplier’s response may result in disqualification. It is the intent of Region 14 ESC to award a supplier’s complete line of products and/or services, when possible. A response to the solicitation is an offer to contract with Region 14 ESC based upon the contract provisions contained in this solicitation, including but not limited to, the specifications, scope of work and any terms and conditions. Suppliers who wish to propose modifications to the contract provisions must clearly identify the proposed deviations and any proposed substitute language. Th e provisions of the solicitation cannot be modified without the express written approval of Region 14 ESC. If contract provisions are not expressly approved in writing by Region 14 ESC, the contract provisions contained in the solicitation shall prevail.
BradyPLUS would like to put exceptions to publishing our response on any catalog list provided as well as our exhibits.
Some of the exhibits provided are proprietary to our affiliates and are not to be used on public websites.
Disclosures.
x Supplier affirms that he/she has not given, offe red 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. x The supplier affirms that, to the best of his/her knowledge, the offer has been arrived at 541 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 suppliers in the award of this contract.
Withdrawal of Response. After submittal due date and time, withdrawal of a response will not be allowed for a period of 120 days following the opening. Pricing will remain firm for 120 days from submittal.
Public Opening. Immediately following the due date and time, all responses will be publicly opened, and the supplier’s names recorded. The public opening will be held via Zoom meeting.
Open Records Policy. Region 14 ESC is a governmental entity. Responses submitted are subject to release as public information after contracts are executed. If a supplier believes that its response, or parts of its response, may be exempted from disclosure, the supplier must specify page-by-page and line-by-line the parts of the response, which it believes, are exempt. In addition, the supplier 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 supplier 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 supplier. Supplier is advised to consult with their legal counsel concerning disclosur e issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.
Multiple Awards. Multiple contracts may be awarded as a result of the solicitation. Multiple awards will ensure that any resulting contracts fulfill current and future requirements of the diverse and large number of participating public agencies.
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 Central Time.
Protests shall be filed with Region 14 ESC and shall include the following:
x Name, address and telephone number of protester;
x Original signature of protester or its representative; x Identification of the solicitation by RFP number;
x 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.
IV. Region 14 – TERMS AND CONDITIONS
Assignment. Supplier may not assign its rights or obligations under this contract without the prior written permission of Region 14 ESC. Region 14 ESC will not unreasonably withhold approval for a requested assignment. 542
543
544
545
Company Name: WAXIE's Enterprises LLC, and its affiliates, BradyPLUS companies Manufacturer /Category Minimum % Discount
.
DISCOUNT SCHEDULE - RFP 24-S824
Services
546
Item Number Item Description MFI Vendor Name Subcategory List Price New Discount from List New MAX Sell 547
548
549
550
500532 LOCKING COMPARTMENT FOR 6173JANITOR CART - YELLOW FG618100YEL NEWELL BRANDS DISTRIBUTION LLC Janitor Carts $241.12 30% $168.78 551
552
553
554
555
556
557
650231 WAXIE #24 RAY-FLATT SCREWTOP MOP HEAD EA 12/CS 227202408 GOLDEN STAR INC Wet Mops & Handles $258.58 30% $181.01 558
559
560
561
562
563
564
565
566
567
568
569
570
571
572
$2,257.60
573
574
575
576
577
578
579
580
581
582
583
584
585
586
587
588
V. EVALUATION
Region 14 ESC will evaluate proposals in accordance with the criteria outlined in the solicitation subject to, the relevant statutes, ordinances, rules, and regulations that govern its procurement practices. Award(s) will be made to the prospective supplier(s) whose response is determined to be the most advantageous.
Supplier’s proposal should include the following for Region 14 ESC’s evaluation Availability of Products and Pricing (40 points)
x Provide pricing for products, services, warran ties, etc. supplier proposes to offer. Price lists provided will be used to establish both the extent of a supplier’s product lines, services, warranties, etc. available from th e supplier and the pricing per item. Pricing should be based on a discount from a manufacturer’s price list or catalog, or fixed price, or combination of both. Multiple percentage discounts are acceptable if, where different discounts apply, the different percentages are specified. Electronic Catalog and/or price lists should accompany the proposal. Additional pricing and/or discounts may be included.
Suppliers may elect to limit their proposals to any category or categories.
Please refer to the attached electronic catalog and price list. x The discount proposed shall remain the same throughout the term of the contract and at all renewal options. At a minimum, the Contractor must hold the proposed price list firm for the first 12 months after the contract award.
BradyPLUS and its affiliates understand and will comply with a price hold for the first 12 months, given there are no extreme circumstances beyond and above our control. Any such circumstance will be discussed and approved by the lead agent and will be accompanied by documentation from our manufacturers.
x Pricing is not to exceed. Unlike fixed prici ng, the supplier can adjust submitted pricing lower if needed but, cannot exceed the approved pricing. The contract must allow for lower pricing to be available for similar product and service purchases. Cost plus pricing as a primary pricing structure is not acceptable.
BradyPLUS affiliates understand and will comply.
x Due to products and services potentially being used in response to an emergency or disaster recovery situation in which federal funding may be used, suppliers should provide alternative pricing that does not include either cost plus a percentage of cost or pricing based on time and materials for categories or products that would typically use those pricing structures. If time and materials is necessary, a ceiling price that the supplier exceeds at its own risk will be needed as determined and set by the Participating Public Agency. Products and services provided in a situation where an agency is eligible for federal funding, supplier is subject to and must comply with all federal requirements applicable to the funding including, but not limited to the FEMA and Additional Federal Funding Special Conditions section located in the Federal Funds Certifications Exhibit.
BradyPLUS affiliates understand and will comply.
x Describe if distributors/dealers/resellers/partners will be used to fulfill the contract. Submit a list of those entities authorized to sell under their contract. How often does the supplier 589
propose to update distributors/dealers/resellers/partners? Purchase orders and payment can only be made to awarded supplier or approved distributors/dealers/resellers/partners and pricing must be less than or equal to the pricing offered by the awarded contract holder.
Waxie’s Enterprises, LLC (WAXIE) is a wholly owned subsidiary in the BradyPLUS family of companies, and as the incumbent for our current Region 14 OMNIA contract and bidding entity, will be servicing this contract.
In addition to Waxie’s Enterprises, LLC, all BradyPLUS affiliates will have the ability to utilize this contract to aid OMNIA members nationally in products and services offered.
The list below contains our current affiliates but could expand through acquisition and will be noted on our website. Any acquisitions would also be eligible to service OMNIA customers through this contract.
Accurate Chemical Acquisitions, LLC MASSCO
American Paper & Supply Company Millennium Packaging & Distribution Associated Paper Mission Janitorial
ATRA Mooney General Paper
Brady Industries North American
Camden Bag & Paper Company Nevco
Campbell Paper NEXTGEN
Central Sanitary Supply North Bay Industries
Cole Supply Co Northwoods
Cole Supply Co. Penn Paper
Datek, Inc PFS Sales
DAYCON Penn Jersey Paper
Delta Packaging Qualmax
Detroit Chemical Royal Paper
Elkins Wholesale Inc Southeastern Paper Group
F&W Distribution LLC Sierra Supply & Packaging
FPC Distribution Sigma Supply
Gorm Inc. South Jersey Paper Products
Rancho Janitorial Supplies Southern Janitor Supply
GPMI Sunbelt
H.C. Walterhoefer & Sons Swish White River
Hill & Markes, Inc Topmost Chemical & Paper
HT Berry Valley Janitorial Supply
Hughes Enterprises Vasoking
IFS - Individual FoodService Walter Industrial & Supply Janitor's Closet Waxie Sanitary Supply
Janitor's Warehouse Weiss Bros.
Johnston Supply YPV Distribution, Inc
Knight Marketing
KSS Enterprises
BradyPLUS doesn’t handle any transactional elements of the business; WAXIE and all BradyPLUS 590
affiliates are responsible for fulfilling and billing all POs associated with this submittal. This relationship enhances our affiliates’ ability to meet and exceed the requirements for services described in the solicitation because of a broader geographical reach and greater purchasing resources to procure and offer the highest quality products at the lowest price to OMNIA members significantly enhancing our value proposition.
x Describe any shipping charges. All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing.
In most instances freight is included in the price of the item and will be freight free when delivered on one of our trucks and within our delivery area. If an agency outside of our footprint wants to order from this contract, they can but it will incur freight charges. Any such locations would be disclosed and mutually agreed upon prior to any order shipments.
Drop Ship – Though most of our products are delivered on our own fleet, some products will be delivered by a common carrier to a dock or use of a lift gate. Drop ship orders will most likely have an additional freight fee and will be negotiated between the customer and our local BradyPLUS affiliate. This will also include some special-order items and larger equipment. Drop ship orders will have longer lead times, and will be communicated with the customer at the time the order is placed and may provide updates as necessary should the delivery time change.
Emergency or Rush Deliveries – Emergency or rush deliveries requested by the customer that require special shipping and handling charges may be at the customer’s expense, but only with prior approval. Emergency or rush shipping charges shall be added to an invoice as a separate line item.
BradyPLUS strives to accommodate our customers’ emergencies and does everything in our power to deliver a rush order the next business day after it is received. Although not the norm, expedited delivery can sometimes be accommodated via no-charge, same day deliveries. BradyPLUS does not anticipate the need for any emergency deliveries as a result of our error. However, should such a situation arise, BradyPLUS will cover the associated shipping and handling charges.
Under no circumstances shall our affiliates increase their profit margin through shipping charges.
Special Order items will be charged the actual freight incurred, if any. Orders for delivery outside our affiliates’ normal delivery area are charged for the actual additional freight from the most cost- effective location.
BradyPLUS and its affiliates are able to provide services for the Continental United States. WAXIE has facilities in Alaska. Customers in Alaska pay an additional fee of $0.40 per pound over the OMNIA price, for delivery on a WAXIE truck in Anchorage and Fairbanks. x Describe any return and restocking fees.
Returns and Restocking
Returns on products are only available for new, unused items. The item being returned must be unopened, unused, and not damaged. Product cannot be discontinued or suspended in our system.
Custom or special-order items cannot be returned unless preapproval is received from the affiliate.
Restocking fees may apply but are between the affiliate and the customer.
BradyPLUS affiliates can’t take back chemicals that are expired or about to expire, otherwise credits may be given for the returned product dependent on days of purchase and condition of product. 591
Parts that are eligible for return older than 30 days from the date of purchase are subject to a restocking fee and the customer may be charged freight. x Describe any additional discounts or rebates of fered. Additional discount or rebates may be offered for large quantity purchases, single ship to location programs, growth, annual spend, guaranteed quantity, etc.
BradyPLUS affiliates may offer agencies additional discounts and rebates but that will be negotiated between the agency and the BradyPLUS affiliate directly and is not included in this master agreement.
BradyPLUS at the discretion of the affiliate is proposing a minimum order fee of $40 for orders under $400.
x Describe how customers verify they are receiving the correct contract pricing.
Pricing and compliance of the contract is managed by our National Account team. This team is responsible nationally for compliance on freight terms, min order fees, payments terms, core list and pricing. This team also does audits during the quarterly rebate to ensure correct pricing for all customers moving forward.
Customers that enter the OMNIA program and purchase through our online platform are only provided the OMNIA pricing as a ceiling and can price be offered pricing below the max sell price but with system constraints pricing will not go above the contractual requirements of pricing by item. All pricing is managed by the National Account Team and customers don't have access to use of the program without going through the correct channel for setup.
We will also provide price list and evaluations to all agencies upon request to ensure the contract is as expected with the customer upfront and before orders are placed. If an agency would like to audit their pricing or orders, we can provide history sales with the pricing and quantity ordered at the time of purchase, this allows customers the ability to validate pricing from orders against the master price list for the contract. x Describe supplier’s invoicing process. Include payment terms and acceptable methods of payments. Suppliers shall describe any associated fees pertaining to credit cards/p-cards.
Our terms are Net 30 days. BradyPLUS affiliates accept P-cards and credit card payments, there may be a fee of 3.5% applied to the account for the use of P cards/credit cards. This will be negotiated between the individual affiliate and the end user.
x Propose the frequency of updates to the supplier’s pricing structure. Describe any proposed indices to guide price adjustments. If offering a catalog contract with discounts by category, while changes in individual pricing may change, the category discounts should not change over the term of the contract.
BradyPLUS and its affiliates understand and will comply with a price hold for the first 12 months, given there are no extreme circumstances beyond and above our control. Any such circumstance will be discussed and approved by the lead agent and will be accompanied by documentation from our manufacturers.
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We will be proposing a discount from list structure and the discount percent offered by category, subcategory or manufacturer will continue to be the same if not better overtime.
x Describe how future product introductions will be priced and align with contracting pricing proposed.
BradyPLUS prides itself in being on the forefront of innovative products and continuously developing our own proprietary branding to offer alternatives to national brands. As a specialized distributor of janitorial and food service disposable products we offer an extensive and robust assortment of products. For these reasons we anticipate that through the life of this contract, the addition of new products and categories will be requested.
All new items will follow the discount from list percent provided in the pricing section of this solicitation. List price will be based on manufacturers’ list price (if available), or the list price published by BradyPLUS if a manufacturers’ list price does not exist.
If an item does not fall in any of the current categories or if the introduction of a new category is needed and within the scope of this solicitation, we will reach out to Region 14ESC to discuss the addition of the items/category and will request to add through an addendum.
x Provide any additional information relevant to this section.
BradyPLUS has several affiliates with on-site maintenance programs for equipment repair and services. For areas that we do not have in-house services, we have contracted with a 3rd party to help handle all equipment repair and services. BradyPLUS affiliates will work with each customer to customize their onsite programmed maintenance service to help provide the highest equipment availability time at the lowest cost. All equipment repairs and services as well as the parts needed in order to service the equipment will be offered at a 10% discount from list.
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Exhibit A: Repair Services Brochure – Attached exhibit showcases Waxie’s equipment repair services and preventive maintenance guide. This is a great example of the additional services most of our affiliates offer. Not only do we provide a large assortment of equipment brands and options, but we offer all the necessary services and parts necessary for repairs. This ensures that the product you purchased is maintained and working as expected.
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References and Experience (20 points)
x Provide a brief history of the supplier, including year it was established and corporate office location.
BradyPLUS, established in 2023, is the nation’s premier specialty distribution company supplying customers with a diverse selection of essential products including facility care, food service disposables, packaging solutions. BradyPLUS has a robust infrastructure with over 180 locations across the U.S., 6000 associates and 9+ million sq ft of warehouse space to service our customers.
BradyPLUS and its growing family of Affiliates are strategically positioned to help businesses thrive through a multi-faceted approach to make facilities cleaner and people safer, every day. With 61 Affiliates and continuously growing we have combined annual sales of over $5B.
Though BradyPLUS is a newly established company, the 61 affiliates that make up the company have a long business history ranging from 20 to over 130 years of service in this industry. This history comes with a wealth of experience as long-time distributors of public sector clients. Our key deliverables to our public sector customers are contract compliance, competitive pricing, and a robust product offering. We pride ourselves on our ability to offer onsite solutions and services through our expert and seasoned sales team.
WAXIE Sanitary Supply, one of 61 affiliates under the BradyPLUS’ umbrella of companies was founded in 1945 and has carried a proud history of honoring our customers, 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 Sanitary Supply has also had a long history with both Region 14 ESC, 8 years as a contract holder, and OMNIA, 13 years as a distributor of products under OMNIA contracts.
Collectively through its affiliates, BradyPLUS has gained extensive experience working with public sector customers through national cooperatives such as OMNIA. We have successfully served numerous educational institutions, like Clemson University, University of Virginia and University of Oregon to understand the unique challenges they face and have tailored our products and services to meet their specific needs. Our engagement with public entities has been focused on providing comprehensive solutions that enhance the quality of their environments to the benefit of all that use public resources. We take pride in our ability to establish long-term partnerships with public entities, consistently providing high-quality products, reliable customer support, and innovative solutions. Our track record demonstrates our commitment to this sector and our ability to adapt to evolving demands in our rapidly changing and unpredictable industry landscape.
x Describe supplier’s reputation in the marketplace.
At BradyPLUS, we work hard to help our customers and their teams solve the most demanding industry challenges with the most effective products and solutions. Here’s how we do it:
¾ RELIABILITY - Your success depends on an efficient supply chain. We deliver consistent quality, ensure product availability, and add value, even as markets shift.
¾ SIMPLICITY - We deliver a full range of tailored business solutions that make it easy to achieve 596
your goals and meet your unique business needs. Whatever they may be.
¾ EXPERTISE - We’re a team of industry experts focused on providing real insights and recommendations to help take your business to the next level.
¾ SERVICE - We’re always ready to roll up our sleeves and help you get the job done. We’re not just a catalog or online resource—we’re a hands-on extension of your team, and we take pride in helping YOU succeed.
¾ SOLUTIONS - We’re your problem-solver, clarifying your goals and customizing solutions that energize your enterprise, one that improves efficiency and lowers costs.
x Describe supplier’s reputation of products and services in the marketplace.
We pride ourselves in being on the forefront of innovative products and are continuously developing our own proprietary branding to offer alternatives to national brands. Our proprietary brands are consistent in quality while still offering customers everyday low cost. BradyPLUS plans to continue the efforts of WAXIE Sanitary Supply but on a larger national scale by offering OMNIA Partner agencies and Region 14ESC a comprehensive line of products for cleaning, maintenance, food service disposables and safety for all types of environments encountered in public sector facilities.
BradyPLUS carries the largest national brands including 3M, Diversey, Ecolab, Spartan, Heritage, Inteplast/PITT, GOJO/Purell, HOSPECO, Supply Source (Impact), Georgia Pacific, Kimberly Clark, Essity, Nilfisk-Advance, Karcher/Windsor, National Super Service, ProTeam, ICE and Rubbermaid.
OMNIA members will have access to over 40,000 catalog products and over 500,000 machine parts.
By offering a large variety of products and system solutions, BradyPLUS affiliates provide our customers with the benefit of having the necessary product choices to outfit their buildings and facilities as they see fit.
x Describe the experience and qualification of key employees.
Amanda Parent – Senior Director National Accounts
Amanda has worked in the janitorial distribution space since 2012 and is well versed in janitorial products and how to develop cleaning solutions for customers.
She has directly worked in promoting state and cooperative contracts since 2019 and has managed several contracts by helping promote growth and usage of the contracts through WAXIE’s sales team. She has attended both educational seminars and trade shows related to Public Sector over this time frame to include NIGP, NAEP, etc.
Amanda has had the responsibility of managing and leading the adoption of cooperative contracts across BradyPLUS affiliates at a national level for the last 5 years. She has been the single point of contact for Region 14ESC and OMNIA over this time as well.
x Describe supplier’s experience working with the government sector.
BradyPLUS has a long history of implementing janitorial contracts with several state agencies, large national cooperatives, universities, and regional cooperatives. As an example, WAXIE has been 597
partner of OMNIA and Region 14ESC since 2012. We have worked with over 5,000 agencies since the implementation of this contract. Additionally, Waxie Sanitary Supply assists with additional OMNIA contracts of substantial size with the City of Tucson, and University of California. We are also well versed in supplying state agencies as we currently have contracts with these states; Utah, Alaska, California, Arizona, Nevada, Georgia, South Carolina, Washington, and Oregon. All these contracts are large complex executions, typically with an integration of systems and based on a unique set of shipping, pricing, and product requirements.
BradyPLUS has successfully marketed this contract as well as others to over 5,000 public sector end users with over 20,000 Ship-to locations. Each end user mandates whether they require a participating addendum or inter-local agreement. BradyPLUS has negotiated several hundred such agreements since the inception of this contract in 2012. Each step in the process is completed and all contract compliance issues are reviewed quarterly with major end users and the parent organization, state, or GPO. These contracts require the dissemination of very accurate information internally and externally as well as the ability to meet diverse customer needs with respect to products, training, and logistics.
x Describe past litigation, bankruptcy, reorganization, state investigations of entity or current officers and directors.
None
x Provide a minimum of 5 customer references relating to the products and services within this RFP. Include entity name, contact name and title, contact phone and email, city, state, years serviced, description of services and annual volume.
County of San Diego
Jack Pellegrino
Director, Department of Purchasing & Contracting
[email protected]
30+ years serviced
Facility Suplies – Annual volume: $675K
University of California Office of the President
San Diego, CA
Silvia Rivera Vasquez
Senior Manager of Facilities, Maintenance and Capitol Programs [email protected]
510-987-9660
30+ years serviced
Facility Suppliers – Annual volume: $12
Phoenix International Airport
Kelly Hall
Facilities Contract Compliance Lead at Sky Harbor International Airport 602-315-3034
[email protected]
Phoenix, AZ
16 years of service
Facility Supplies – Annual volume: $2.4M
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San Francisco Unified School District
Samuel E. Perez
Manager, Custodial Services
[email protected]
(415) 919-8506
Facility Supplies – Annual volume:$1M+
Oregon State University
Housing & Dining Services
James Cordle
Custodial Operations Supervisor
541-971-8851
[email protected]
Corvallis, OR
7+ years of service
Facility Supplies - $500K
x Provide any additional information relevant to this section.
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Value Added Products/Services (10 points)
x Provide any additional information related to products and services supplier proposes to enhance and add value to the contract.
Installations
BradyPLUS affiliates provide the coordination of installation for dispensing products sold under this contract. Dispensers and installations are often provided directly from manufacturers or affiliate for toilet tissue, paper towels, hand care products and cleaning chemicals. BradyPLUS affiliates will provide a complete breakdown of all options available to customers so that they receive the best fit dispensers at the lowest acquisition and installation cost. Note that all available manufacturer’s dispenser and installation programs will be made available to every customer. Manufacturers often provide dispensers and installation at low or no cost but will be dependent on refills purchased and size/scope of project.
Reporting Capabilities
The following standard reports are an example of the reporting that can be delivered with any frequency the customer desires:
Diversity Spend Summary - Percentage of products supplied by diversity suppliers (small business, women-owned business, service-disable veteran-owned business, etc.) Green Product Analysis - Percentage of sales of green products by product category and the top ten green items sold
Sales Summary - Summary of sales, current month over previous month, current quarter over previous quarter, and rolling thirteen (13) months of sales Accounts Receivable Information - Summary of total accounts receivable information plus the current amount and aging information
Service Level and Fill Rate - Service Level displays the number of orders delivered 100% complete, and Fill Rate displays the percentage of items filled 100% complete Fill Rates by Product Category - Percentage of products filled at the product category level for the current and last three (3) quarters
Product Mix - Pie chart displaying the overall product mix by product category Vendor Mix - Pie chart displaying the overall product mix by vendor category Order Count - Line chart displaying the total order count over the last thirteen (13) periods Core Spend as a Percentage of Sales - Sales of core items sold by category over the current and last three (3) quarters
Average Order Size - Line chart displaying the average order size over the last thirteen (13) periods Backorder Count - Line chart displaying the number of items back ordered over the last thirteen (13) periods
Order Source Statistics - Order count, by the specific order source for the current and last three (3) quarters
Key SKU Information - For example, Top ten (10) items sold for the current and last three (3) quarters
Additionally, BradyPLUS provides a variety of ad hoc and scheduled custom reporting. Examples include electronic billing files and Spend Management. Agencies can work with their affiliates to determine the reporting necessary and what reporting is available at that location.
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Essential 8 and Site Assessments
Essential 8 is a comprehensive approach that identifies opportunities in a facility to help our customers achieve cleaner, healthier, safer, more productive, and more sustainable facility management and operations.
There’s nothing more important than keeping our community healthy and safe. BradyPLUS recognizes that the supplies we offer help provide a clean, healthy, safe, and sustainable environment for students and staff at the lowest cost. Our Essential 8 approach will enhance your agency’s public image and lower operating costs.
BradyPLUS prides itself on having outside Sales Consultants that provide the human element to distribution. Through site assessments our sales team provides solutions and suggestions for providing a clean, healthy, safe, and sustainable environment. We then provide feedback both from our Sales Consultant and the customer on how to improve on the current condition throughout the facility. Our facility assessments can focus on the entirety of the property or be a continuous effort between the customer and our team by tackling one area of the facility at a time. This approach really allows our sales team to become familiar with your facility and take the guess out of the products you need. This ultimately allows us to be the solution providers and allows customers to focus on other aspects of their business.
Exhibit F: E8 Facility Care Assessment
Exhibit G: E8- K12
Exhibit H: E8 EDU
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Green Partner Support
Customers that are interested in working w
ith BradyPLUS to investigate all areas of
sustainability in their buildings can utilize or GPS Program. One such example is 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.
Training
Several BradyPLUS affiliates have online tr
aining which 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.
Customers can receive customized training programs onsite through BradyPLUS sales professionals and through our manufacturer’s representatives and their training staffs.
Equipment and Chemical Specialists
BradyPLUS offers the most knowledgeable and well
-trained consulting capacity of any
facility supply distributor. BradyPLUS affiliates employ Equipment and Chemical Specialists at all most of our locations to provide answers and best practices r egarding utilization and efficacy of the equipment and chemical products we sell.
VMI Capabilities
Some BradyPLUS affiliates have Vendor Managed I
nventory capabilities. An example of this is
WAXIE’s Virtual Managed Inventory (VMI) program provides easy ordering for managed inventory.
WAXIE VMI uses a smart device app to collect and transmit your inventory order. VMI is available for iOS, Android and Windows 8 tablet devices.
VMI uses QR Codes to quickly identify the closet where inventory is required. Par levels are established for each product in the closet for quick and easy ordering. Simply enter the quantity on- hand into the VMI app, and the app will calculate the quantity needed to replenish to the Par level.
Users will have access to only the closets where they are responsible for the inventory.
Exhibit I: VMI Brochure
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Ability to Perform (30 points)
x Include a detailed response to Appendix B, Exhibit A, OMNIA Partners Response for National Cooperative Contract. Responses should highlight experience, demonstrate a strong national presence, describe how supplier will educate its national sales force about the contract, describe how products and services will be distributed nationwide, include a plan for marketing the products and services nationwide, and describe how volume will be tracked and reported to OMNIA Partners.
x The successful supplier will be required to sign Appendix B, Exhibit B, OMNIA Partners Administration Agreement prior to contract award. Suppliers should have any reviews required to sign the document prior to submitting a response. Supplier’s response should include any proposed exceptions to OMNIA Partners Administration Agreement. x Include completed Appendix B, Exhibits F. Federal Funds Certifications and G. New Jersey Business Compliance.
x Provide available ordering methods (online ordering, order tracking, search options, order history, etc.).
BradyPLUS affiliates offer a variety of ways for customers to order, including online ordering, email, fax, and phone. We have over 1500 sales associates nationally that can help you develop solutions for all your Janitorial Supplies, Equipment and Services.
BradyPLUS and our affiliates have several different web-based solutions to support order fulfillment.
Our main tool is our full-featured online ordering website. Our online website contains real-time pricing, product availability, historical order lookup, contract price lists, product images, extended product descriptions, and SDS (formerly MSDS) sheets. Additionally, our websites contain advanced functionality of ship-to-level budgeting through Spend Management and the ability to set up a user’s customized shopping list. Orders placed via the web are submitted to our warehouses immediately, ensuring no delay for delivery cut-off times with cut-off times varying by location.
A second tool available to customers is BradyPLUS’ Punch Out functionality. Most of our affiliates have this capability and will be set up as requested by customers and based on the size and scope of the account. This functionality allows a customer to access the affiliates online ordering website through a cXML-based integration between the customer’s system and our web servers. The Punch Out protocol ensures the customer’s backend systems have visibility of the items being ordered and the expected delivery dates.
x What is supplier’s average on time delivery rate? Describe Supplier’s history of meeting the shipping and delivery timelines.
BradyPLUS has a long history of meeting customers’ expectations when it comes to on- time delivery. Our drivers are consistent with the same route daily and we work hard to customize our customers’ delivery needs.
BradyPLUS’s average time on delivery is 2 days from time of order. This delivery time may be longer for drop ship or special order items. Customers will be communicated with directly in regard to items expecting to take longer then the average. x Describe how supplier responds to emergency orders.
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Emergency or Rush Deliveries –
Emergency or rush deliveries requested by the customer that require special shipping and handling charges may be at the customer’s expense, but only with prior approval. Emergency or rush shipping charges shall be added to an invoice as a separate line item. BradyPLUS strives to accommodate our customers’ emergencies and does everything in our power to deliver a rush order the next business day after it is received. Although not the norm, expedited delivery can sometimes be accommodated via no-charge, same day deliveries. If emergency shipping charges are incurred, prior approval from the agency will be obtained, and these charges will be added to the invoice as a separate line item. In the event an emergency or rush delivery is required as the result of our error, all shipping and handling charges shall be covered. BradyPLUS does not anticipate the need for any emergency deliveries as a result of our error. However, should such a situation arise, BradyPLUS will cover the associated shipping and handling charges.
x What is supplier’s average Fill Rate?
At BradyPLUS, we pride ourselves on fast and reliable deliveries. We have an extensive stocking presence throughout our distribution centers focused around Janitorial and Food Service Disposable products. Our ability to stock a wide variety of this items, having our own fleet of trucks and over 100 distribution centers allow us to maintain a fill rate of 98%. x Describe supplier’s return and restocking policy.
Returns and Restocking
Returns on products are only available for new, unused items. The item being returned is unopened, unused, and is not damaged. Product is not discontinued or suspended in our system.
Custom or special-order items cannot be returned unless preapproval from the affiliate. Restocking fees may apply but are between the affiliate and the customer.
BradyPLUS can’t take back chemicals that are expired or about to expire, otherwise credits may be given for the returned product dependent on days since purchase and condition of product. parts that are older than 30 days from the date of purchase are subject to a restocking fee and the customer may be charged freight.
x Describe supplier’s ability to meet service and warranty needs. Proposal should address life expectancy of equipment under normal use; 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 warr anty period; availability of replacement parts; and detailed information as to proposed return policy on all equipment.
Warranty
BradyPLUS affiliates’ suppliers and product select ion practice combined with our operational and logistical excellence ensure uniform quality and consistency in product performance and customer service. BradyPLUS is a distributor of products and does not manufacture any of the products that we sell, however, all products are backed by a manufacturer’s warranty. If a customer is dissatisfied with the performance of any product or serv ice, they can call their local affiliates’ customer service line to determine the appropriate route for manufacturers’ warranty. Use all products as directed, wear personal protection equipment where appropriate, and read and understand all precautionary statements.
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We also have a nationwide service center for equipment repair and services. Our service centers are certified to handle all warranty work for the equipment we sell and can do onsite or pickup services depending on customers’ locations. The warranty for all equipment repairs follows the manufacturer’s standard warranties.
x The supplier shall provide timely and accurate technical advice and sales support. The supplier shall respond to such requests within one (1) working day after receipt of the request. Describe supplier’s customer service/problem resolution process and ability to meet the one working day response time. Include hours of operation, number of services, etc.
BradyPLUS Customer Service, Sales Management, as well as Operations handle all order to invoice processes. BradyPLUS has over 1500 outside Sales Consultants with every OMNIA account being assigned a Sales Consultant that is available to provide product demonstrations, employee training, and solution consulting for cleaning, lighting, safety, and other categories. Most Sales Consultants also have a Sales Administrator. This individual is similar to the functions of customer service but helps Associates answer questions, place orders, and follow-up on existing orders for customers.
BradyPLUS offers an additional layer of consulting for the chemical, hand hygiene and equipment category through our Chemical and Equipment Specialists. The Chemical and Equipment Specialists are available for customers as needed for additional consultation and training services related to these categories that have unique, customizable items that often require demonstrations, site assessments and installations.
All Sales Consultants are equipped with a customized laptop or tablet computer providing cellular and other internet access. Representatives have access to all customer information and can access our ERP systems from any location with a cellular phone or other internet connection. Remote connections are transmitted via a secured data encryption program. Inside Customer Representatives are directly linked to a BradyPLUS computer system in their region. The affiliates assign service representatives to customers based on an assessment of regions they are in and the customer’s requirements at account set up. OMNIA customers will be assigned an internal customer service representative for ordering and account administration requirements and an outside Account Consultant for account management and coordination of training, installation, reporting, and other account needs.
BradyPLUS’s hours of operation are 8am to 5pm local time Monday to Friday excluding holidays.
Our Customer Service personnel are available to answer incoming calls and email during these hours. Each location has a local phone line that is routed to customer service personnel and based on the time zone and location of each center.
For government contracts and state agreements, we have a dedicated department within National Accounts to help answer all questions related to the contract, what it offers and how to use it. This team will be dedicated to helping any public agency that uses this contract and is divided up by regions. We have National Account Managers for the Central, West, and East regions. The entire team is managed by a Senior Director of National Accounts that will be responsible for managing the entirety of the contract nationally.
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Additionally, self-service options exist through our online ordering platforms to include WAXIE’s platform of Web@Work. This allows customers to see and utilize order history, order status, spend management, and order approval.
With over 5,000 current public sector customers on this contract, BradyPLUS has been successful in working with our public sector customers to provide the appropriate level of service to meet the customers’ needs.
Problem Resolution
BradyPLUS addresses customer complaints and services issues quickly, providing a prompt response and resolution. Our affiliates have management follow-up with the customer to ensure their needs are met and determine what procedures can be put in place to prevent the same issues moving forward. Customer complaints will be acknowledged by email within four hours with an expected resolution time of 24-48 hours.
x Describe supplier’s contract implementation/customer transition plan.
BradyPLUS continuously looks at ways to provide additional value and savings to our customers. We also find huge value in ensuring that our customers are adopting a national cooperative that prides itself on its lead agencies and the solicitation process. We will therefore always offer this contract as our go to strategy and transition customers to this contract when it is in their best interest and within their individual policies and procedures.
BradyPLUS can offer significant experience marketing this contract as well as transitioning accounts to it. Our sales team has extensive knowledge of OMNIA and national cooperatives and uses this contract in discussions regularly with customers on how to procure products.
Today BradyPLUS services over 5,000 public sector customers with over 15,000 Ship-to locations on this contract and it is the single largest contract we have available today.
x Describe the financial condition of s upplier.
Exhibit B: Comfort Letter – Bank of America
x Provide a website link to review website ease of use, availability, and capabilities related to ordering, returns and reporting. Describe the website’s capabilities and functionality.
https://info.waxie.com/
Welcome to BradyPLUS
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BradyPLUS and our affiliates have several different web-based solutions to support order fulfillment based on location of customer. One such tool is W@W through Waxie Sanitary Supply. This is our full-featured online ordering website. Our online website contains real-time pricing, product availability, historical order lookup, contract price lists, product images, extended product descriptions, and SDS (formerly MSDS) sheets. Additionally, our websites contain advanced functionality of ship-to-level budgeting through Spend Management and the ability to set up a user’s
customized shopping list. Orders placed via the web are submitted to our warehouses immediately, ensuring no delay for delivery cut-off times with cut-off times varying by location.
See attached Exhibit C: Waxie Sanitary Supply E-Commerce Platform x Describe the supplier’s safety record.
BradyPLUS offers each individual customer access to our customer site training programs for Chemical Safety, OSHA Compliance for Blood Borne Pathogens, Equipment Usage Safety, Slip and Fall precautions, and many other safety related topics. BradyPLUS affiliates can provide onsite surveys and recommendations for improved handling, storage, usage, and disposal of janitorial products and equipment.
Each local affiliate has a website for ordering that has additional information related to safety and compliance. An example is WAXIE’s website below. All applicable items have Safety Data Sheets available for customer download and records. We also have webpages dedicated to the education and training of products to better equip our customers with on-site safety such as the below slip and fall webpage.
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Safety Data Sheet
Spartan Chemical Company,.Inc.
Revision Date: 05-Feb-2015
1. PRODUCT AND COMPANY IDENTIFICAT1ION
Product lde11tifier
Product Name:
Product Number:
Recommended Use:
Uses Advised Agalm,st:
Manufacturer/Supplier:
XCELENTE
0019
Oleaning agent
For Industrial and Institutional Use Only
Spartan Chemical Compan,y, 1110.
1110 Spartan Drive
Malllmee, Ohio43537 USA
800-537-8990 (Bu.slness hours)
www.spartanchemlcal.com
24 Hour Emergency Phone Numbers:
Medical Emergency/Information: 888-314-6171
Transportalion/Spilllleak: OHEMmEC 80 0-424-9300
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Brad1:1PLUS
112. HAZARDS IDENTIFICATION
GHS Cl!assification,
Serious Eye Damage/Eye lnitaUorn:
GHS Label El'ements
Signal Word:
Symbols:
Hazard Statements:
Precautionary Statements:
Prevention:
Response:
-Eyes
-Speciie Treatment:
Storage:
Disposal:
Hazards Not Otherwise Classified:
Other Information:
Category 2A
causes serious eye lnitaHon
Wear eye
I face protecUon
IF IN EYES: Rinse cautiously with water for severa l mlmutes. Remove contact renses, if present.and easy to,do. Co111.tfnue rlnslrng. II eye hrltatlon perslsts: Get medical a!t.erntlon.
See Safety Data Sheet. Se ction 4: •FIRST AID MEASURES" for additional informallon.
Not Applicablle
Not Appllcablle
Not Appllcabl'e
• May be harmfol If swallowed.
• May cause skin irrltaHon.
• InhalaUon of v pors or mist may cause resplraloiy lnitaUon. • Keep out of reach of children.
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x Describe technology used to support the contract.
BradyPLUS has security policies and standards that provide us with direction for data protection.
The information is classified based on its type, this allows us to ensure the necessary controls physically or logically. In addition to this, we have different processes to ensure the protection of information such as antivirus, encryption, vulnerability management. Security controls are transversal and apply to all entities.
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BradyPLUS adheres to the PCI DSS standard for all BradyPLUS’ e-commerce sites, an example of this would be at shop.waxie.com. This site is enabled with a Comodo EV 2048 bit SSL certificate along with hacker-proof scanning that runs daily and scans for over 38,000 potential vulnerabilities.
All users and servers are protected with Sophos endpoint control and Fortinet endpoint protection enabled with Data Leakage Control, Anti- Spyware, Antivirus, and Application Control. Data is controlled using Sophos DLP. This enables BradyPLUS to track any file copied to the internet or sent via an application. All security devices and appliances are audited quarterly to ensure the latest firmware and configurations are applied.
x Provide any additional information relevant to this section.
One of BradyPLUS’s affiliates, Waxie Sanitary Supply has been an incumbent of the last two awards of MRO/Janitorial products through Region 14ESC. Though the contract started with Waxie Sanitary Supply, it has since expanded to include all affiliates under the BradyPLUS umbrella through acquisitions and mergers. Waxie and now through the expansion of the other BradyPLUS affiliates has seen tremendous growth of this contract over the years. We have expanded our footprint across the US and are truly now a national distributor of products required on this contract.
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 and all BradyPLUS affiliates have been delivering superior customer service anywhere from 20 to 100 years and we pride ourselves in being experts in clean.
Currently BradyPLUS affiliates manage over 5,000 public sector accounts throughout the US on this contract alone and rarely have a service-related issue. Our experience with state purchasing cooperatives and national cooperatives in public sector accounts for over 25% of our total business.
Exhibit D. Waxie's capabilities Brochure
Exhibit E. Waxie-Overview-Handout-Generic
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Version January 12, 2024
Appendix B – OMNIA Partners Exhibits
Requirements for National Cooperative Contract To Be Administered by OMNIA Partners
The following documents are used in evaluating and administering national cooperative contracts and are included for supplier’s review and response.
Exhibit A – Response for National Cooperative Contract
Exhibit B – Administration Agreement, Example
Exhibit C – Master Intergovernmental Cooperative Purchasing Agreement, Example Exhibit D – Principal Procurement Agency Certificate, Example Exhibit E – Contract Sales Reporting Template
Exhibit F – Federal Funds Certifications
Exhibit G – New Jersey Business Compliance
Exhibit H – Advertising Compliance Requirement
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Appendix B – OMNIA Partners Exhibits
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Exhibit A
Response for National Cooperative Contract
1.0 Scope of National Cooperative Contract
Capitalized terms not otherwise defined herein shall have the me anings given to them in the Master Agreement or in the Administration Agreement between Supplier and OMNIA Partners.
1.1 Requirement
Region 14 Education Service Center (hereinafter defined and referred to as “Principal Procurement Agency”), on behalf of itself and OMNIA Partners, Public Sector, Inc. (“OMNIA Partners”), is reques ting proposals for COMPREHENSIVE OPERATIONAL AND JANITORIAL SUPPLIES SOLUTIONS. The intent of this Request for Proposal is any contract be tween Principal Procurement Agency and Supplier resulting from this Request for Pr oposal (“Master Agreement”) be made available to other public agencies nationa lly, including state and local governmental entities, public and private primary, secondary and higher education entities, non- profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative purchasing program. The Principal Procurement Agency has executed a Principal Procur ement Agency Certificate with OMNIA Partners, an example of which is included as Exhibit D, and has agreed to pursue the Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners as a Participating Public Agency in OMNIA Partners’ cooperative purchasi ng program. Registration with OMNIA Partners as a Participating Public Agency is accomplished by Public Agencies entering into a Master Intergovernmental Cooperative Purchasing Ag reement, an example of which is attached as Exhibit C, and by using the Master Agreement, any such Participating Public Agency agrees that it is registered with OMNIA Partners, whether pursuant to the terms of the Master Intergovernmental Pu rchasing Cooperative Agreement or as otherwise agreed to. The terms and pricing established in the resulting Master Agreement between the Supplier and the Principal Procurement Agency will be the same as that available to Participating Public Agencies through OMNIA Partners.
All transactions, purchase orders, invoices, payments etc., will occur directly between the Supplier and each Participating Public Agency individually, and neither OMNIA Partners, any Principal Procurement Agency nor any Participa ting Public Agency, including their respective agents, directors, employees or representatives, shall be liable to Supplier for any acts, liabilities, damages, etc., incurred by any other Participating Public Agency. Supplier is responsible for knowing the tax laws in each state.
This Exhibit A defines the expectations for qualifying Suppliers based on OMNIA Partners’ requirements to market the resulting Master Agreement nationally to Public Agencies.
Each section in this Exhibit A refers to the capabilities, requirements, 615
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obligations, and prohibitions of competing Suppliers on a national level in order to serve Participating Public Agencies through OMNIA Partners.
These requirements are incorporated into and are considered an integral part of this RFP. OMNIA Partners reserves the right to determine whether to make the Master Agreement awarded by the Principal Procurement Agency available to Participating Public Agencies, in its sole and abso lute discretion, and any party submitting a response to this RFP acknowledges that any award by the Principal Procurement Agency does not obligate OMNIA Partners to make the Master Agreement available to Participating Procurement Agencies.
BradyPLUS and its affiliates have reviewed and will comply accordingly.
1.2 Marketing, Sales and Administrative Support
During the term of the Master Agreemen t OMNIA Partners intends to provide marketing, sales, partners hip development and adminis trative support for Supplier pursuant to this section that directly promotes the Supplier’s products and services to Participating Public Agenci es through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis.
OMNIA Partners will assign the Supplier a Director of Partner Development who will serve as the main point of contact for the Supplier and will be responsible for managing the overall relationship between the Supplie r and OMNIA Partners. The Director of Partner Development will work with the Supplier to develop a comprehensive strategy to promote the Master Agreement and w ill connect the Supplie r with appropriate stakeholders within OMNIA Partners including, Sales, Mark eting, Contracting, Training, and Operations & Support.
The OMNIA Partners marketing team will work in conjunction with Supplier to promote the Master Agreement to both exis ting Participating Public Agencies and prospective Public Agencies through channels that may include:
A. Marketing collateral (print, electronic, email, presentations) B. Website
C. Trade shows/conferences/meetings
D. Advertising
E. Social Media
The OMNIA Partners sales teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through initiatives that may include:
A. Individual sales calls
B. Joint sales calls
C. Communications/customer service
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D. Training sessions for Public Agency teams
E. Training sessions for Supplier teams
The OMNIA Partners contracting teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through:
A. Serving as the subject matter expert for questions regarding joint powers authority and state statutes and regulations for cooperative purchasing B. Training sessions for Public Agency teams
C. Training sessions for Supplier teams
D. Regular business reviews to monitor program success
E. General contract administration
Suppliers are required to pay an Administrative Fee of 3% of the greater of the Contract Sales under the Master Agreement and Guaranteed Contract Sales under this Request for Proposal. Supplier will be required to execute the OMNIA Partners Administration Agreement (Exhibit B). At Supplier’s op tion, Suppliers may pa y additional fees beyond administrative fees, such as technology fees, to OMNIA Partners and/or a third party for additional support and/or access to OMNIA Partners’ technology platform.
1.3 Estimated Volume
The dollar volume purchased under the Ma ster Agreement is estimated to be approximately $150 MILLION annually. While no minimum volume is guaranteed to Supplier, the estimated annual volume is projected based on the current annual volumes among the Principal Procurement Agency, other Participating Public Agencies that are anticipated to utilize the resulting Master Agreement to be made available to them through OMNIA Partners , and volume growth into other Public Agencies through a coordinated marketing approach between Supplier and OMNIA Partners.
BradyPLUS and its affiliates understand.
1.4 Award Basis
The basis of any contract award resu lting from this RFP made by Principal Procurement Agency will, at OMNIA Part ners’ option, be the basis of award on a national level through OMNIA Partners. If multiple Suppliers are awarded by Principal Procurement Agency under the Master Agreement, those same Suppliers will be required to extend the Master Agreement to Participating Public Agencies through OMNIA Partners. Utilization of the Master Agreement by Participating Public Agencies will be at the discretion of the individual Participating Public Agency.
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Participating Public Agency as Supplier and such Participating Public Agency may agree without being in conf lict with the Master Agreement as a condition of the Participating Agency’s purchase and not a modification of the Master Agreement applicable to all Participating Agencies. Participating Agencies may request to enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum de fined in the Master Agreement (e.g., governing law, invoice requirements, orde r requirements, specialized delivery, diversity requirements such as minority a nd woman owned busines ses, historically underutilized business, etc.) (“Supplemental Agreement”). It shall be the responsibility of the Supplier to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the Participating Agency. It shall further be the responsibility of the Supplier to monitor th e prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of the Master Agreement and adjust wage rates accordingly. In instances where supplemental terms and conditions create additional risk and cost for Supplier, Supplier and Participating Public Agency may negotiate a dditional pricing a bove and beyond the stated contract not-to-exceed pricing so long as the added price is commensurate with the additional cost incurred by the Supplie r. Any supplemental agreement developed as a result of the Master Agreement is exclusively between the Participating Agency and the Supplier (Contract Sales are reported to OMNIA Partners).
All signed Supplemental Agreements and purchase orders issued and accepted by the Supplier may survive expiration or termination of the Master Agreement. Participating Agencies’ purchase orders may exceed the term of the Master Agreement if the purchase order is issued prior to the expiration of the Master Agreement. Supplier is responsible for reporting all sales and paying the applicab le Administrative Fee for sales that use the Master Agreement as th e basis for the purchase order, even though Master Agreement may have expired.
BradyPLUS and its affiliates understand.
1.5 Objectives of Cooperative Program
This RFP is intended to achieve the following objectives regarding availability through OMNIA Partners’ cooperative program:
A. Provide a comprehensive competitively solicited and awarded national agreement offering the Products covered by this solicitation to Participating Public Agencies; B. Establish the Master Agreement as the Supplier’s primary go to market strategy to Public Agencies nationwide;
C. Achieve cost savings for Supplier and Public Agencies through a single solicitation process that will reduce the Supplier’s need to respond to multiple solicitations and Public Agencies need to conduct their own solicitation process; D. Combine the aggregate purchasing volumes of Participating Public Agencies to achieve cost effective pricing.
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BradyPLUS and its affiliates understand.
2.0 REPRESENTATIONS AND COVENANTS
As a condition to Supplier entering into the Master Agreement, which would be available to all Public Agencies, Supplier must make certain representations, warranties and covenants to both the Principal Procurement Agency and OMNIA Partners designed to ensure the success of the Master Agreement for all Participating Public Agencies as well as the Supplier.
2.1 Corporate Commitment
Supplier commits that (1) the Master Agreement has received all necessary corporate authorizations and support of the Supplie r’s executive management, (2) the Master Agreement is Supplier's primary “go to market” strategy for Public Agencies, (3) the Master Agreement will be promoted to all Public Agencies, including any existing customers, and Supplier will transition exis ting customers, upon their request, to the Master Agreement, and (4) that the Supplier has read and agrees to the terms and conditions of the Administration Agreement with OMNIA Partners and will execute such agreement concurrent with and as a condition of its execution of the Master Agreement with the Principal Procurement Agency. Supplier will identify an executive corporate sponsor and a separate national account manager within the RFP response that will be responsible for the overall management of the Master Agreement.
BradyPLUS and its affiliates understand.
2.2 Pricing Commitment
Supplier commits the not-to-exceed prici ng provided under the Master Agreement pricing is its lowest available (net to buyer) to Public Agencies nationwide and further commits that if a Participating Public Agen cy is eligible for lower pricing through a national, state, regional or local or cooperative contract, the Supplier will match such lower pricing to that Participating Public Agency under the Master Agreement.
BradyPLUS affiliates have put together a co mpetitive discount from list structure for this solicitation. As this is a not-to-exceed contract, we are committed to providing agencies more competitive pricing that meets their individual assortment, volume, and requirements when needed and to stay competitive in this market through the life of the contract. If an agency is eligible for lower pricing through another national, state, regional or local cooperative, BradyPLUS affiliates are committed to discussing this with the agency and determining best path forward. If the customer would like to continue to use OMNIA over the other contract, BradyPLUS affiliates will offer the same pricing as the contract being compared but cannot allow an agency to use multiple contracts at the same time. This will only be done if the volume by product, annual 619
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spend by agency and assortment are identical to the contract being compared.
Furthermore, if the contract in comparison has differences in freight, min. service fees, etc., BradyPLUS affiliates would be able to add these into the order to make comparable to the best offer.
2.3 Sales Commitment
Supplier commits to aggressively market the Master Agreement as its go to market strategy in this defined sector and that its sales force will be trained, engaged and committed to offering the Master Agreement to Public Agencies through OMNIA Partners nationwide. Supplier commits that all Master Agreement sales will be accurately and timely reported to OMNIA Partners in accordance with the OMNIA Partners Administration Agreement. Supplier also commits its sales force will be compensated, including sales incentives, for sales to Public Agencies under the Master Agreement in a consistent or better manner compared to sales to Public Agencies if the Supplier were not awarded the Master Agreement.
BradyPLUS and its family of affiliates has decades of experience growing and marketing lead agent public sector national programs. BradyPLUS is very familiar with OMNIA partners and has 15 years+ experience working together through WAXIE Sanitary Supply, as well as other affiliates to help grow our contracts. We have and will continue to dedicate, educate and promote OMNIA Partners and this contract to our Sales Associates.
BradyPLUS has used national cooperatives to serve as instrumental platforms that fuse the purchasing power of numerous public entities, thereby enabling them to secure more favorable pricing and terms through negotiation. Through active engagement with esteemed organizations like OMNIA, we leverage our expertise and comprehensive understanding of their procurement processes to provide highly cost- effective solutions. We have worked with public entities of various sizes and budgets, addressing their specific needs while adhering to regulatory compliance and industry standards. Our company's experience with cooperatives has enabled us to develop a range of products and services that cater to the diverse needs of this sector.
3.0 SUPPLIER RESPONSE
Supplier must supply the following information for the Principal Procurement Agency to determine Supplier’s qualifications to extend the resulting Master Agreement to Participating Public Agencies through OMNIA Partners.
3.1 Company
A. Brief history and description of Supplier to include experience providing similar products and services.
BradyPLUS, established in 2023, is the nation’s premier specialty distribution company supplying customers with a diverse selection of essential products including facility care, food service disposables, packaging solutions. BradyPLUS has a robust infrastructure with over 620
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180 locations across the U.S., 6000 associates and 9+ million sq ft of warehouse space to service our customers. BradyPLUS and its growing family of Affiliates are strategically positioned to help businesses thrive through a multi-faceted approach to make facilities cleaner and people safer, every day. With 61 Affiliates and continuously growing we have combined annual sales of over $5B.
Though BradyPLUS is a newly established company, the 61 affiliates that make up the company, have a long business history ranging from 20 to over 130 years of service in this industry. This history comes with a wealth of experience as long-time distributors of public sector clients. Our key deliverables to our public sector customers are contract compliance, competitive pricing, and a robust product offering. We pride ourselves on our ability to offer onsite solutions and services through our expert and seasoned sales team.
WAXIE Sanitary Supply, one of 61 affiliates under the BradyPLUS’ umbrella of companies was founded in 1945 and has carried a proud history of honoring our customers, 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 Sanitary Supply has also had a long history with both Region 14 ESC, 8 years as a contract holder, and OMNIA, 13 years as a distributor of products under OMNIA contracts.
Collectively through its affiliates, BradyPLUS has gained extensive experience working with public sector customers through national cooperatives such as OMNIA.
We have successfully served numerous educational institutions, like Clemson University, University of Virginia and University of Oregon to understand the unique challenges they face and have tailored our products and services to meet their specific needs. Our engagement with public entities has been focused on providing comprehensive solutions that enhance the quality of their environments to the benefit of all that use public resources. We take pride in our ability to establish long-term partnerships with public entities, consistently providing high-quality products, reliable customer support, and innovative solutions. Our track record demonstrates our commitment to this sector and our ability to adapt to evolving demands in our rapidly changing and unpredictable industry landscape.
B. Total number and location of salespersons employed by Supplier.
BradyPLUS has 180 locations with 129 of those locations being distribution centers. These locations are represented on the map below are strategically placed nationally to best service our customers. Of our 6,000 associates, 1500 of those are Sales Associates. These sales reps are also located nationally and used to call on and service customers directly. 621
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C. Number and location of support centers (if applicable) and location of corporate office.
BradyPLUS, through its affiliates has 129 support centers housed at each distribution center. Customer Service personnel are available to answer incoming calls and email during normal business hours. Each location has a local phone line that is routed to customer service personnel and based on the time zone and location of each center.
BradyPLUS headquarters are located at 7055 S. Lindell Road Las Vegas, NV 89118.
We also have a general phone line of 877-788-PLUS used to route customer requests.
D. Annual sales for the three previous fiscal years.
We do not disclose specific operating results for subsidiary operations. However, we do offer the opportunity for a call with the company’s CFO to discuss broader financial results. a. Submit FEIN and Dunn & Bradstreet report.
WAXIE’s Enterprises, LLC
FEIN: 94-2647607
DUNS Number: 29-142-577
Exhibit J: Dunn & Bradstreet report
E. Describe any green or environmental initiatives or policies.
BradyPLUS is committed to being a leader in promoting healthy, safe, clean, and sustainable work environments in the communities we serve. We’ve taken important steps to enhance our sustainability efforts, both internally and externally. Internally, we’ve converted several facilities to receive energy from solar panels, transitioned to LED lighting at some buildings to be more energy-efficient, right-sized our HVAC systems, saved water through drought- tolerant landscaping, and currently multiple buildings are LEED-Certified. From an external perspective, we’ve developed the Green Partner Support Program to help our customers achieve their sustainability goals in these key focus areas: Chemistry, Mechanization, Diversion, Entryways, Consumables, Conversation, Wellness, and Stewardship. 622
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Green Catalog
BradyPLUS affiliates have clearly and systematically designated our Environmentally Preferable Product line. An example of this is through WAXIE Sanitary Supply and located in their WAXIE GPS® Green Partner Support™ Sustainable Product Selection Guide found on WAXIE’s website at https://online.flippingbook.com/view/98129748/. WAXIE’s digital flipbook catalog highlights sustainable products from featured vendors (including the SOLSTA and KleenLine brand) and lists the Green Certifications with descriptions of each certification in the WAXIE GPS® section of the digital flipbook catalog. 623
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Online Ordering for Green Products
BradyPLUS and our affiliates have several different web-based solutions to support sustainability, one such platform is Web@Work®, which also makes it easy to identify EPP products and 3rd party designations. For Example, all green cleaning solutions are grouped into a clearly marked section titled: “Green Cleaning” on the navigation bar at the left. 626
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Environmentally Preferred Products (EPP) are identified in green, bold font and their specific third-party designation is delineated in the detailed product description. See screenshots below.
Sustainability in Marketing
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sustainability and green cleaning methodology. See screenshots below from our affiliate WAXIE Sanitary Supply on how we have incorporated our green products into everyday facility cleaning and our customers’ sustainability goals.
https://info.waxie.com/green/commitment-to-sustainability
https://www.bradyplus.com/jansan-waste-diversion
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Exhibit K. gps-brochure
Exhibit L. WAXIE-Green-Floor-Care_ES
Additional Sustainability Support
BradyPLUS is now a proud gold sponsor of Healthy Green Schools and Colleges. This organization is committed to more sustainable educational campuses.
Sponsors – Healthy Green Schools & Colleges
Green Spend Reporting
Some of our affiliates, such as WAXIE Sanitary Supply, can provide green spend reporting to our customers as needed or on a regular basis. This data is used to help our customers identify the products they buy today, show them the percentage of purchasing that has been identified as green and help make recommendations for a more sustainable way of cleaning. 629
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F. Describe any diversity programs or partners supplier does business with and how Participating Agencies may use diverse partners through the Master Agreement.
Indicate how, if at all, pricing changes when using the diversity program. If there are any diversity programs, provide a list of diversity alliances and a copy of their certifications.
BradyPLUS has an active program to seek out opportunities for redistribution and other functions by diverse companies, particularly those recognized by the Federal Government as service-related disabled veteran, small, women, or minority owned.
BradyPLUS has many small businesses, women owned business, service disabled 630
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Camden Bag & Paper Company Nevco
Campbell Paper NEXTGEN
Central Sanitary Supply North Bay Industries
Cole Supply Co Northwoods
Cole Supply Co. Penn Paper
Datek, Inc PFS Sales
DAYCON Penn Jersey Paper
Delta Packaging Qualmax
Detroit Chemical Royal Paper
Elkins Wholesale Inc Southeastern Paper Group
F&W Distribution LLC Sierra Supply & Packaging
FPC Distribution Sigma Supply
Gorm Inc. South Jersey Paper Products
Rancho Janitorial Supplies Southern Janitor Supply
GPMI Sunbelt
H.C. Walterhoefer & Sons Swish White River
Hill & Markes, Inc Topmost Chemical & Paper
HT Berry Valley Janitorial Supply
Hughes Enterprises Vasoking
IFS - Individual FoodService Walter Industrial & Supply Janitor's Closet Waxie Sanitary Supply
Janitor's Warehouse Weiss Bros.
Johnston Supply YPV Distribution, Inc
Knight Marketing
KSS Enterprises
A. Describe how supplier differentiates itself from its competitors.
BradyPLUS and its family of Affiliates embody a vital component that sets us apart - the human element. We take great pride in our collaboration with established Affiliates, each boasting an impressive track record in our industry. With a combined business history spanning from 20 to over 130 years, our Affiliates bring invaluable experience as longstanding distributors to public sector clients. Throughout challenging periods including recessions, the oil crisis, the global financial crisis, and the COVID-19 pandemic, this strategic partnership has enabled us to harness vast knowledge and expertise, granting us a distinct competitive advantage in catering to our esteemed public sector customers.
At BradyPLUS, we pride ourselves on our depth of expertise, providing tailored solutions and unwavering assistance to each of our valued customers. Our continued success is evident as customers consistently choose us, having experienced the tangible benefits firsthand through the strong relationships we have fostered. We show up every day, ready to work diligently on their behalf. Our commitment is reflected in our dedication to helping our customers achieve their goals.
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B. Describe any present or past litigation, bankruptcy or reorganization involving supplier.
None
C. Felony Conviction Notice: Indicate if the supplier
a. X is a publicly held corporation an d this reporting requirement is not applicable;
b. is not owned or operated by anyone who has been convicted of a felony; or c. is owned or operated by and individua l(s) who has been convicted of a felony and provide the names and convictions.
D. Describe any debarment or suspension actions taken against supplier None
4.1 Distribution, Logistics
A. Each supplier awarded an item under this solicitation may offer their complete product and service offering/a balance of line. Describe the full line of products and services offered by supplier.
As a current incumbent of this contract, BradyPLUS affiliates have offered OMNIA Partner agencies a robust variety of products by hundreds of manufacturers and categories. We also expand far beyond the JanSan and Food Service Disposable world with an offering in packaging and promotional products.
We pride ourselves in being on the forefront of innovative products and are continuously developing our own proprietary branding to offer alternatives to national brands. Our proprietary brands are consistent in quality while still offe ring customers everyday low cost. BradyPLUS plans to continue the efforts of WAXIE Sanitary Supply but on a larger national scale by offering OMNIA Partner agencies and Region 14ESC a comprehensive line of products for cleaning, maintenance, food service disposables and safety for all types of environments encountered in public sector facilities.
BradyPLUS carries the largest national brands including 3M, Diversey, Ecolab, Spartan, Heritage, Inteplast/PITT, GOJO/Purell, HOSPECO, Supply Source (Impact), Georgia Pacific, Kimberly Clark, Essity, Nilfisk-Advance, Karcher /Windsor, National Super Service, ProTeam, ICE and Rubbermaid.
OMNIA members will have access to over 40,000 catalog products and over 500,000 machine parts. By offering a la rge variety of products and system solutions, BradyPLUS affiliates provide our customers with the benefit of having the necessary product choices to outfit their buildings and facilities as they see fit.
We have attached two links to examples of our virtual catalogs through WAXIE to show representation of our breath of products available through this contract. The first link is to our full line of products and the second link is to our Green Partner Support catalog, which focuses solely on our sustainability assortment.
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0622 FLIPBOOK (flippingbook.com)
https://online.flippingbook.com/view/98129748/
BradyPLUS affiliates provide the coordination of installation for dispensing products sold under this contract. Dispensers and installations are often provided directly from manufacturers or affiliate for toilet tissue, paper towels, hand care products and cleaning chemicals. BradyPLUS affiliates will provide a complete breakdown of all options available to customers so that they receive the best fit dispensers at the lowest acquisition and installation cost. Note that all available manufacturer’s dispenser and installation programs will be made available to every customer. Manufacturers often provide dispensers and installation at low or no cost but will be dependent on refills purchased and size/scope of project.
B. Describe how supplier proposes to distribute the products/service nationwide.
Include any states where products and services will not be offered under the Master Agreement, including U.S. Territories and Outlying Areas.
BradyPLUS buys directly from manufacturers and has inventory in over 100 locations nationally enabling us to provide timely delivery to customers across our footprint.
We also have a robust fleet of trucks and drivers nationally to ensure delivery in a timely manner, serviced and delivered by one of our own employees. This allows us to provide consistent quality and meet customers’ delivery expectations by having the same driver deliver on a regular basis. An example of this would be our ability to include customized delivery appointments, established delivery days and the ability to conduct dock deliveries. We work with our customers to determine best needs for delivery of products, and this translates into greater efficiencies and labor cost savings for our partners.
In most instances freight is included in the price of the item and will be freight free when delivered on one of our trucks and within our delivery area. If an agency outside of our footprint wants to order from this contract, they can but it will incur freight charges. Any such locations would be disclosed and mutually agreed upon prior to any order shipments.
Drop Ship – Though most of our products are delivered on our own fleet, some products will be delivered by a common carrier to a dock or use of a lift gate. Drop ship orders will most likely have an additional freight fee and will be negotiated between the customer and our local BradyPLUS affiliate. This will also include some special-order items and larger equipment.
Drop ship orders will have longer lead times and will be communicated with the customer at the time the order is placed, and may provide updates as necessary should the delivery time change.
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Emergency or Rush Deliveries – Emergency or rush deliveries requested by the customer that require special shipping and handling charges may be at the customer’s expense, but only with prior approval. Emergency or rush shipping charges shall be added to an invoice as a separate line item. BradyPLUS strives to accommodate our customers’ emergencies and does everything in our power to deliver a rush order the next business day after it is received.
Although not the norm, expedited delivery can sometimes be accommodated via no-charge, same day deliveries. BradyPLUS does not anticipate the need for any emergency deliveries as a result of our error. However, should such a situation arise, BradyPLUS will cover the associated shipping and handling charges.
Under no circumstances shall our affiliates increase their profit margin through shipping charges. Special Order items will be charged the actual freight incurred, if any. Orders for delivery outside our affiliates’ normal delivery area are charged for the actual additional freight from the most cost-effective location.
BradyPLUS and its affiliates are able to provide services for the Continental United States.
WAXIE has facilities in Alaska. Customers in Alaska pay an additional fee of $0.40 per pound over the OMNIA price, for delivery on a WAXIE truck in Anchorage and Fairbanks.
C. Describe how Participating Agencies are ensured they will receive the Master Agreement pricing; include all distribution channels such as direct ordering, retail or in-store locations, through distributors, etc. Describe how Participating Agencies verify and audit pricing to ensure its compliance with the Master Agreement.
Pricing and compliance of the contract is managed by our National Account team.
This team is responsible nationally for compliance on freight terms, min order fees, payments terms, core list and pricing. This team also does audits during the quarterly rebate to ensure correct pricing for all customers moving forward.
Customers that enter the OMNIA program and purchase through our online platform are only provided the OMNIA pricing as a ceiling and can price be offered pricing below the max sell price but with system constraints pricing will not go above the contractual requirements of pricing by item. All pricing is managed by the National Account Team and customers don't have access to use of the program without going through the correct channel for setup.
We will also provide price list and evaluations to all agencies upon request to ensure the contract is as expected with the customer upfront and before orders are placed. In the event that an agency would like to audit their pricing or orders, we can provide history sales with the pricing and quantity ordered at the time of purchase, this allows customers the ability to validate pricing from orders against the master price list for the contract.
D. Identify all other companies that will be involved in processing, handling or shipping the products/service to the end user.
Waxie’s Enterprises, LLC (WAXIE) is a wholly owned subsidiary of BradyPLUS and as the incumbent for our current Region 14 OMNIA contract and bidding entity will be servicing this 635
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contract. In addition to Waxie’s Enterprises, LLC, all BradyPLUS affiliates will have the ability to utilize this contract to aid OMNIA members nationally in products and services offered.
The list below contains our current affiliates but could expand through acquisition and will be noted on our website. Any acquisitions would also be eligible to service OMNIA customers through this contract.
Accurate Chemical Acquisitions, LLC MASSCO
American Paper & Supply Company Millennium Packaging & Distribution Associated Paper Mission Janitorial
ATRA Mooney General Paper
Brady Industries North American
Camden Bag & Paper Company Nevco
Campbell Paper NEXTGEN
Central Sanitary Supply North Bay Industries
Cole Supply Co Northwoods
Cole Supply Co. Penn Paper
Datek, Inc PFS Sales
DAYCON Penn Jersey Paper
Delta Packaging Qualmax
Detroit Chemical Royal Paper
Elkins Wholesale Inc Southeastern Paper Group
F&W Distribution LLC Sierra Supply & Packaging
FPC Distribution Sigma Supply
Gorm Inc. South Jersey Paper Products
Rancho Janitorial Supplies Southern Janitor Supply
GPMI Sunbelt
H.C. Walterhoefer & Sons Swish White River
Hill & Markes, Inc Topmost Chemical & Paper
HT Berry Valley Janitorial Supply
Hughes Enterprises Vasoking
IFS - Individual FoodService Walter Industrial & Supply Janitor's Closet Waxie Sanitary Supply
Janitor's Warehouse Weiss Bros.
Johnston Supply YPV Distribution, Inc
Knight Marketing
KSS Enterprises
E. Provide the number, size and location of Supplier’s distribution facilities, warehouses and retail network as applicable.
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Brady Industries 5655 West 300 South Salt Lake City UT 841 04 56,000
Brady Industries 8600 San Matero Blv NE Suite 180 Albuquerque NM 871 13 49,504
Camden Bag & Paper
Company
200 Connecticut Drive,Ste 2 Burlington NJ 801
6 85,418
Campbell Paper 2117 Franklin Drive Ft. Worth Texas TX 761 06 39,000
Central Sanitary Supply 4730 Armstrong Road Bakersfield CA 933 13 22,500
Central Sanitary Supply 416 North Ninth Street Modesto CA 953 50 43,560
Central Sanitary Supply 1149 West Nielsen Ave Fresno CA 937 45,000 06 Cole Supply Co 2750 Maxwell Way Fairfield CA 945
34 88,868
Cole Supply Co. 2855 Contra Costa Blvd Pleasant Hill CA 945 23 4,000
Datek, Inc 4007 Richards Rd. North Little Rock AK 721
17 25,003
DAYCON 4207 Forbes Blvd Lanham MD 207
06 6,789
DAYCON 1632 Sulphur Spring Rd. Halethorpe MD 212
27 3,600
DAYCON 5330 Marinelli Rd Rockville MD 208
52 7,000
DAYCON 16001 Trade Zone Ave., Upper Marlboro MD 207
74 170,000
DAYCON 16001 Trade Zone Ave., Upper Marlboro MD 207
74 20,000
DAYCON 10404 Lakeridge Pkwy. Suite 600 Ashland VA 230
05 16,000
DAYCON 5701 General Washington Drive, Suite G,
Alexandria 22312
Alexandria VA 223
12 6,964
DAYCON 4080 Walney Road Chantilly VA 201
52 6,869
Delta Packaging 501 Gulf South Drive Flowood MS 392
32 16,000
Delta Packaging 500 Gulf South Drive Flowood MS 392
32 53,000
Detroit Chemical 6990 Murthum Ave Warren MI 489
02 20,610
Elkins Wholesale Inc 140 Legacy Park Drive Pearl MS 392 08 25,000
Elkins Wholesale Inc 803 S Magnolia Street Laurel MS 394 40 19,100
F&W Distribution LLC 7005 Tujunga Ave North Hollywood CA 916 05 34,452
FPC Distribution 6630 Amberton Drive Elkridge MD 210
75 72,535
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Gorm Inc. 905 North Wineville Ontario CA 917
64 47000
Rancho Janitorial Supplies 905 North Wineville Ontario CA 917 64 47000
GPMI 190 S. McQueen Rd Gilbert AZ 852
33 87,726
H.C. Walterhoefer & Sons 2331 Washington Blvd Baltimore MD 212 30 40,000
Hill & Markes, Inc 1997 State Highway 5S Amsterdam NY 120 10 130,158
HT Berry 50 North Street Canton MA 202
1 100,000
Hughes Enterprises 2151 Green Lane Levittown PA 190
57 80,266
IFS - Individual FoodService 5400-5496 Lindbergh Lane Bell CA 902 01 307,101
IFS - Individual FoodService 5350-5380 Lindberg Lane Bell CA 902 01 66,500
IFS - Individual FoodService 5300-5348 Lindberg Lane Bell CA 902 01 66,500
Janitor's Closet 4183 East Hillsborough Tampa FL 336
10 6,900
Janitor's Warehouse 3910 Gattis School Road Round Rock TX 786 64 17,500
Johnston Supply 2 Eagle Drive Auburn NY 130
21 130,000
Johnston Supply 2121 West Genesee Street Road Auburn NY 132 01 30,000
Johnston Supply 58 Columbous Street Auburn NY 132
01 5,000
Johnston Supply 12075 Harley Club Drive Ashland VA 230
05 50,221
Knight Marketing 46-50 54th Ave Maspeth NY 113
78 25,000
KSS Enterprises 208 E Sample St South Bend IN 466
01 5,000
KSS Enterprises 16828 Hayes St Grand Haven MI 494
17 2,000
KSS Enterprises 410 44th St SW a Grand Rapids MI 495
48 9,953
KSS Enterprises 1366 Heights view Dr Houghton Lake
Heights
MI 486
30 4,000
KSS Enterprises 132 W Pearl St Jackson MI 492
01 12,000
KSS Enterprises 3251 South Dr m 129 Sault Ste. Marie MI 497 83 3,000
KSS Enterprises 3170 Christy Way Suite 4 Saginaw MI 486 03 4,500
KSS Enterprises 1012 Ken-O-Sha Industrial Dr SE Grand Rapids MI 495 08 31,000
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KSS Enterprises 4600 James Savage Rd Midland MI 486
42 14,700
KSS Enterprises 1601 Steele Ave SW Grand Rapids MI 495
07 62,950
KSS Enterprises 46001 Five Mile Rd Plymouth MI 481
70 23,500
KSS Enterprises 39133 Webb Dr Westland MI 481
85 35,000
KSS Enterprises 5053 Sports Dr Kalamazoo MI 490
09 86,000
KSS Enterprises 4644 U.S. 31 N Traverse City MI 496
85 40,000
KSS Enterprises 2861 U.S. 31 N Alanson MI 497
06 7,000
KSS Enterprises Kalamazoo Storage Building Kalamazoo MI 490 7,000 09 KSS Enterprises 422 Bacon St Dayton OH 454
02 45,000
KSS Enterprises 5405 Telegraph Rd Toledo OH 436
12 34,500
MASSCO 551 East 77th St North Park City KS 671
47 61,136
MASSCO 1200 Erie Street Kansas City MO 641
16 35,922
MASSCO 2401 South Council Road Oklahoma City OK 731
28 38,100
MASSCO 2604 N Hemlock Circle Broken Arrow OK 740
12 25,056
Millenium Packaging &
Distribution
4829 Eisenhauer Road Ste 805 San Antonio TX 782
18 73,142
Millenium Packaging &
Distribution
10634 Tanner Road Ste 100 Houston TX 770
41 89,060
Millennium Packaging &
Distribution
2400 East 20 Arlington TX 760
18 89,000
Millennium Packaging &
Distribution
1510 Cornerway Blvd San Antonio TX 782
19 44,000
Mission Janitorial 9292 Activity Road San Diego CA 921
26 40,320
Mooney General Paper 1451 Chestnut Ave Hillside NJ 720
5 64,645
North American 2101 Claire Court Glenview IL 600
25 270,000
North American NA Chicago NA 3PL Chicago
Nevco 7695 South 5th Ave Pocatello ID 832
04 10,000
NEXTGEN 11 Norfolk Street Mansfield MA 204
8 83,592
North Bay Industries 5004 Dowdel Ave Rohnert Park CA 949 28 89,896
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Northwoods 4415 S Taylor Dr Sheboygan WI 530
81 36,712
Penn Paper 215 Vine St Scranton PA 185
01 125,000
Penn Paper 225 Vine St. Scranton PA 185
03 Penn Paper Rear Vine Ste Parking Lot Scranton PA 185 03 PFS Sales 4701 Beryl Road Raleigh NC 276
06 33,000
Penn Jersey Paper 9101 Yellow Brick Road Rosedale MD 212 37 48,145
Penn Jersey Paper 9355 Blue Grass Road Philadelphia PA 191 14 255,000
Qualmax 60 Grant Avenue Carteret NJ 700
8 40,755
Royal Paper 7799 Marathon Drive Livermore CA 945
50 16,000
Royal Paper 10232 Palm Drive Santa Fe Springs CA 906
70 60,067
Royal Paper 1319 Alvarez Road Suite 110 Jacksonville FL 322 18 18,000
Royal Paper 3701 South 20th Avenue Unit 100 Dallas Fort Worth TX 760 39 30,344
Royal Paper 16245 West Beloit Road New Berlin WI 531
51 28,312
Southeastern Paper Group 3850 Po rt Jacksonville Parkway Jacksonville FL 322 26 78,361
Southeastern Paper Group 7080 Havertys Way Lakeland FL 338 05 80,000
Southeastern Paper Group 4040 S. State Road 7, Suite 100 Dania Beach FL 333 14 75,592
Southeastern Paper Group 625 GA Why Vidalia GA 304
70 Southeastern Paper Group 1626 Liberty Expressway Albany GA 317 05 5,000
Southeastern Paper Group 2400 Sullivan Road College Park GA 303 37 420,000
Southeastern Paper Group 6201 Corporate Park Drive Brown Summit NC 272 14 225,000
Southeastern Paper Group 50 Old Blackstock Road Spartanburg SC 293 01 262,000
Southeastern Paper Group SEPG Trailers of Storage in SEPG Spartanburg Spartanburg SC 293 01 Sierra Supply & Packaging 14174 Highway 31 Tyler TX 757 09 15,000
Sigma Supply 810 South 28th Street Van Buren AR 729
56 100,000
Sigma Supply 5000 Burrough Road Fort Smith AR 729
16 90,000
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Sigma Supply 824 Mid America Blvd Hot Springs AR 719
13 138,000
Sigma Supply 301 Mid America Blvd Hot Springs AR 719
13 102,000
Sigma Supply 3770 Malvern Road Hot Springs AR 719
01 50,000
Sigma Supply 7701 Industry Drive North Little Rock AR 721 17 43,000
Sigma Supply 1201 Highway 49B Paragould AR 724
50 30,000
Sigma Supply 4020 McCollum Court Louisville KY 402
18 Sigma Supply 7199 Al Bourland Drive Shreveport LA 711 29 105,000
Sigma Supply 274 Nelson St Hurlock MD 216
43 Sigma Supply 1 Sigma Drive Lake Cormorant MS 386 198,000 41 Sigma Supply 2001 Nicholas St Omaha NE 681
02 Sigma Supply 2821 N. Marion Drive Suite 101 Las Vegas NV 891 15 79,486
Sigma Supply 11301 Partnership Drive, Suite B Oklahoma City OK 731 31 37,620
Sigma Supply 8831 East Pine Street Tulsa OK 741
15 80,000
Sigma Supply 845 Rosewood Drive Columbia SC 292
01 79,000
Sigma Supply 1111 Cecil Road Florence SC 295
01 55,000
Sigma Supply 1 Averitt Express Dr Nashville TN 372
11 Sigma Supply 2020 Greens Road Houston TX 770
32 41,004
Sigma Supply 1249 Avenue R Grand Prairie TX 750
50 33,000
Sigma Supply 1414 West Carrier Parkway Grand Prairie TX 750 50 110,000
Sigma Supply 12758 Gambusino El Paso TX 799
38 Sigma Supply 949 West Oakdale Rd Grand Prairie TX 750 50 Sigma Supply 1806 Richmond HWY Richmond VA 232
24 South Jersey Paper
Products
2400 Industrial Way Vineland NJ 836
0 75,000
Southern Janitor Supply 34 East Court West Melbourne FL 329 04 29,894
Sunbelt 5299 W. Center Street Jasper IN 475
46 56,000
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Sunbelt 149 West Egg Farm Johnsonville SC 295
55 66,723
Swish White River 7826 Park Place York SC 297
45 25,558
Swish White River 160 South Turnpike Road Wallingford CT 649 2 3,000
Swish White River 1118 Route 14 Hartford VT 500
1 47,000
Swish White River 1366 Marshall Ave Williston VT 549
5 4,000
Topmost Chemical & Paper 3394 Winchester Road Memphis TN 381 18 43,764
Valley Janitorial Supply 400 S. Second Street Hamilton OH 450 11 37,252
Valley Janitorial Supply 401 S 3rd Street Hamilton OH 450 11 Vasoking C. 5 Nte 805, Cd Industrial 22444 Tijuana BC 69,000 Walter Industrial & Supply 495 East 62nd Ave Ste 200 Denver CO 802 16 38,378
Waxie Sanitary Supply 975 Van Horn Road Fairbanks AK 997 01 3,200
Waxie Sanitary Supply 4005 Spenard Road Anchorage AK 995 17 17,900
Waxie Sanitary Supply 355 South Euclid Avenue Tucson AZ 857 19 7,400
Waxie Sanitary Supply 4136 East McDowell Road Mesa AZ 852 15 100,677
Waxie Sanitary Supply 72-080 Woburn Court Thousand Palms CA 922 76 5,904
Waxie Sanitary Supply 2421 Del Monte Street West Sacramento CA 956 91 72,000
Waxie Sanitary Supply 419 Nelo Street Santa Clara CA 950 54 5,525
Waxie Sanitary Supply 9353 Waxie Way San Diego CA 921
23 114,318
Waxie Sanitary Supply 3220 South Fairview Street Santa Ana CA 927 04 78,517
Waxie Sanitary Supply 905 North Wineville Ontario CA 917 64 138,638
Waxie Sanitary Supply 901 North Canyons Parkway Livermore CA 945 50 82,550
Waxie Sanitary Supply 198 East Ross Road El Centro CA 922 43 6,100
Waxie Sanitary Supply WAXIE 16x Sea Containers San Diego CA 921 23 Waxie Sanitary Supply 2180 Victor Place Colorado Springs CO 809 15 8,256
Waxie Sanitary Supply 1910 North Gun Club Road Aurora CO 800 19 61,611
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Waxie Sanitary Supply 1359 E. Commerce Way Idaho Falls ID 834 01 8,600
Waxie Sanitary Supply 6663 S. Eisenman Boise ID 837
16 10,368
Waxie Sanitary Supply 9180 East 35th Street North Wichita KS 672 26 51,212
Waxie Sanitary Supply 277 East Pilot Road Las Vegas NV 891 19 39,746
Waxie Sanitary Supply 4772 NE 190th Lane Gresham OR 972 30 11,082
Waxie Sanitary Supply 5107 West 1730 South Salt Lake City UT 841 04 86,881
Waxie Sanitary Supply 18314 80th Place South Kent WA 980 32 79,560
Waxie Sanitary Supply 3808 N. Sullivan Road Spokane Valley WA 992 16 4,000
Waxie Sanitary Supply 321 N Old Highway 91 Hurricane UT 847 37 Weiss Bros. 18038 Oak Ridge Drive Hagerstown MD 217 72,000 40 YPV Distribution, Inc 825 E 26th Street LaGrange Park IL 605 26 156,000
4.2 Marketing and Sales
A. Given the public nature of the solicitati on and contract, OMNIA Partners makes solicitation and contract documentation, including pricing documents, available on its website so Participa ting Public Agencies may easily conduct their due diligence. Describe any portions of the response that should not be available on the website and why those portions should not be available.
BradyPLUS
B. Provide a detailed ninety-day plan be ginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as supplier’s primary go to market strategy for Public Agencies to supplier’s teams nationwide, to include, but not limited to:
i. Executive leadership endorsement and sponsorship of the award as the public sector go-to-market strategy within first 10 days ii. Training and education of Supplier’s national sales force with participation from the Supplier’s executive leadership, along with the OMNIA Partners team within first 90 days
C. Provide a detailed ninety-d ay plan beginning from award date of the Master Agreement describing the strategy to market the Master Agreement to current Participating Public Agencies, existing P ublic Agency customers of Supplier, as 644
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well as to prospective Public Agenci es nationwide immediately upon award, to include, but not limited to:
i. Creation and distribution of a co-branded press release to trade publications ii. Announcement, Master Agreement de tails and contact information published on the Supplier’s website within first 90 days iii. Design, publication and distribution of co-branded marketing materials within first 90 days
iv. Commitment to attendance and participation with OMNIA Partners at national (i.e. NIGP Annual Forum, NP I Conference, etc.), regional (i.e.
Regional NIGP Chapter Meetings, Regional Cooperative Summits, etc.) and supplier-specific trade shows, conferences and meetings throughout the term of the Master Agreement
v. Commitment to attend, exhibit and participate at the NIGP Annual Forum in an area reserved by OMNIA Partners for partner suppliers. Booth space will be purchased and staffed by S upplier. In addition, Supplier commits to provide reasonable assistance to the overall promotion and marketing efforts for the NIGP Annual Forum, as directed by OMNIA Partners. vi. Design and publication of national and regional advertising in trade publications throughout the term of the Master Agreement vii. Ongoing marketing and promotion of the Master Agreement throughout its term (case studies, collateral pieces, presentations, promotions, etc.) viii. Dedicated OMNIA Partners internet web-based homepage on Supplier’s website with:
x OMNIA Partners standard logo;
x Copy of original Request for Proposal;
x Copy of Master Agreement and amendments between Principal Procurement Agency and Supplier;
x Summary of Products and pricing;
x Marketing Materials
x Electronic link to OMNIA Partners’ website including the online registration page;
x A dedicated toll-free number and email address for OMNIA Partners
90-Day Marketing Strategy
Phase I - Days 0-45 days
x Creation and distribution of a co-branded press release to trade publications x Announcement, contract details and contact information published on BradyPLUS website https://www.bradyplus.com/omnia-partners
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x Share contract details with BradyPLUS affiliates and suppliers x Schedule roll-out meetings to discuss contract details and expectations. x New product and pricing schedules shared with all Sales, Management, Customer Service, National Accounts, etc.
x Design, publication, and distribution of co-branded marketing materials. x Add marketing materials, as they become available, to OMNIA Partners microsite x Meet and discuss strategy and execution of new contract with our Business Development Partner
x Update the OMNIA ISO team on updates and scope of contract as well as a new distributor listing by state.
Phase II - Days 45-90 and beyond
x Add marketing materials, as they become available, to OMNIA Partners microsite for BradyPLUS.
x Commitment to attend and participate with OMNIA Partners at national (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e. Regional NIGP Chapter Meetings, Regional Cooperative Summits, etc.) and supplier-specific trade shows, conferences and meetings throughout the term of the Master Agreement. x Commitment to attend, exhibit and participate at the NIGP Annual Forum in an area reserved by OMNIA Partners for partner suppliers. Booth space will be purchased and staffed by the supplier. In addition, supplier commits to promote and marketing OMNIA Partner’s contract at tradeshows and conferences both regionally and nationally.
x Work with OMNIA sales team to establish target customers. x Set up work with days with OMNIA sales organizations for target agencies to schedule joint sales calls.
x Establish one year marketing calendar with supplier partners for promos to target customers and seasonal needs.
x Review new contract details with existing agencies and PPA customers. x Ongoing commitment to aggressively market and promote the master agreement. x Participating Public Agencies, existing BradyPLUS Public Agency customers, as well as prospective Public Agencies nationwide throughout Master Agreement’s term. This includes case studies, collateral pieces, presentations, promotions, etc. x Look at targeting current public sector customers that are not utilizing cooperatives today
x Look at targeting new customers in untapped markets using our Power BI tools, target lists and OMNIA Connect.
* Add marketing materials, as they become available, to OMNIA Partners microsite for BradyPLUS.
This contract has been and will be our primary go-to-market strategy for public sector. The BradyPLUS Affiliates will work together with OMNIA Partners to focus on end user calls, strategy planning, and additional training. The experience of our sales team will allow us to hit the ground running and reduce ramp-up time.
Exhibit M: OMNIA Partners Sell Sheet
Target activities ongoing throughout the year
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x Training module (Bootcamp 101) for our sellers both in cooperative use and the OMNIA contract
x Virtual trainings provided to all sales on the OMNIA connect tool with each Sales Associate, Sales Administrator, Management and Customer Service having individual access to the tool.
x Multiple marketing campaigns throughout the year with suppliers to targeted agencies.
x Participate in OMNIA Connections as well as national events such as NIGP. x Conduct business reviews with OMNIA and Region 14ESC to ensure continued alignment on growth and strategy throughout the year.
x Engage suppliers resulting in targeted sales activities and specific marketing campaigns.
x “C” level engagement ongoing.
x Share best practices among our 1500 sellers.
x Look at targeting new customers in untapped markets using our Power BI tools, target lists and OMNIA Connect.
D. Describe how Supplier will transition a ny existing Public Agency customers’ accounts to the Master Agreement available nationally through OMNIA Partners.
Include a list of current cooperative c ontracts (regional and national) Supplier holds and describe how the Master Agreement will be positioned among the other cooperative agreements.
BradyPLUS continuously looks at ways to provide additional value and savings to our customers. We also find huge value in ensuring that our customers are adopting a national cooperative that prides itself on its lead agencies and the solicitation process. We will therefore always offer this contract as our go to strategy and transition customers to this contract when it is in their best interest and within their individual policies and procedures. BradyPLUS can offer significant experience marketing this contract as well as transitioning accounts to OMNIA. Our sales team has extensive knowledge on OMNIA and national cooperatives and uses this contract in discussions regularly with customers on how to procure products.
Today BradyPLUS services over 5,000 public sector customers with over 15,000 Ship-to locations on this contract and it is the single largest contract we have available today.
We participate in national cooperatives, regional cooperatives, and state contracts.
BradyPLUS has been competitively awarded and very successfully implemented JanSan contracts with the States of Utah, South Carolina, Georgia, Oregon, Washington, Utah, Alaska, CMAS, Nevada and Arizona, Massachusetts. We also have cooperative contracts with Mohave, 1GPA, and NASPO as well as regional educational cooperative agreements with MISBO, North County Consortium, IPHEC, and FCCC. We strategically pick contracts to participate in based on scope of products or procedures/policies of our agencies that can often require contracts to have specific requirements.
E. Acknowledge Supplier agrees to provide its logo(s) to OMNIA Partners and agrees 647
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to provide permission for reproduction of such logo in marketing communications and promotions. Acknowledge that use of OMNIA Partners logo will require permission for reproduction, as well.
BradyPLUS understands and will compile with request.
F. Confirm Supplier will be proactive in direct sales of Supplier’s goods and services to Public Agencies nationwide and the timely follow up to leads established by OMNIA Partners. All sales materials are to use the OMNIA Partners logo. At a minimum, the Supplier’s sales initiatives should communicate:
i. Master Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency
ii. Best government pricing
iii. No cost to participate
iv. Non-exclusive
BradyPLUS understands and will compile with request.
G. Confirm Supplier will train its national sales force on the Master Agreement. At a minimum, sales training should include:
i. Key features of Master Agreement
ii. Working knowledge of the solicitation process
iii. Awareness of the range of Public Agencies that can utilize the Master Agreement through OMNIA Partners
iv. Knowledge of benefits of the use of cooperative contracts BradyPLUS understands and will compile with request.
H. Provide the name, title, email and phone number for the person(s), who will be responsible for:
i. Executive Support
Jeff Roberts, Chief Revenue Officer
[email protected]
(858) 292-8111 x 600
Steve Thomas, Executive VP – National Accounts
[email protected]
(858) 292-8111 x 620
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ii. Marketing
Ian Gresham, Chief Marketing Officer
[email protected]
(216) 318-2179
Trent Fitzgerald, Director of Brand and Media Communications [email protected]
(858) 292-8111 x 782
iii. Sales
Amanda Parent, Senior Director of National Accounts, Public Sector [email protected]
(619) 606-6100
Michael Gregus, Director of National Accounts, Public Sector, West [email protected]
(858) 239-8997
Tina Woods, Manager of National Accounts, Public Sector, Northeast/Mid-Atlantic
[email protected]
Bianca Lopez, Manager of National Accounts, Public Sector, Central [email protected]
iv. Sales Support
Gretzen Perez, National Accounts Specialist
[email protected]
(858) 300-2879
Greg Jones , National Account Manager – Specialist
[email protected]
(858) 292-8111 Ext. 626
v. Financial Reporting
Gretzen Perez, National Accounts Specialist
[email protected]
(858) 300-2879
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Greg Jones , National Account Manager – Specialist
[email protected]
(858) 292-8111 Ext. 626
vi. Accounts Payable
*Each affiliate has their own Accounts Payable department that will handle invoicing.
vii. Contracts
Amanda Parent, Senior Director of National Accounts, Public Sector [email protected]
(619) 606-6100
I. Describe in detail how Supplier’s national sales force is structured, including contact information for the highest-level executive in charge of the sales team.
I. Explain in detail how the sales teams will work with the OMNIA Partners team to implement, grow and service the national program.
BradyPLUS’s family of Affiliates bring diverse perspectives to cooperative contracts that foster innovation and creativity to help drive success. Participating Agencies will 650
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have access to familiar local expertise through our Affiliates, which enables greater responsiveness to a new cooperative contract. Through collaboration, combining expertise and sharing resources, BradyPLUS delivers the level of control and flexibility required to be agile and adaptable to grow and service a national program.
J. Explain in detail how Supplier will manage the overall national program throughout the term of the Master Agr eement, including ongoing coordination of marketing and sales efforts, timely new Participating Public Agency account set- up, timely contract administration, etc.
BradyPLUS’ Senior National Accounts Director, along with the National Accounts Director and Managers, will generate target lists with location and department level detail, using BI software in conjunction with OMNIA Connect Tool. BradyPLUS Senior Director of National Accounts will schedule launch meetings at BradyPLUS distribution centers, within 30 days of award, to share target information, and to introduce BradyPLUS sellers to OMNIA Partners sellers. Sellers can coordinate schedules to either create joint sales calls or to divide workload, as appropriate.
Efforts will be tracked within BradyPLUS via CRM software. BradyPLUS Senior Director of National Accounts will maintain regular communication with OMNIA Partners’ Partner Development to monitor and direct continued efforts. Our Affiliate sales reps will be trained to align with an OMNIA seller and the team then identifies targets to pursue in their local markets. This practice of targeting opportunities in the local market provides direction to the sellers to pursue relevant opportunities with significant upside.
BradyPLUS will coordinate our targeting activities with supplier partners who assist in developing co-branded marketing pieces. All sellers are held responsible for reporting back results against their target list. Marketing campaigns are held at various times over the course of the year to reflect market opportunities for specific products.
BradyPLUS and WAXIE have been long-time partners of OMNIA contracts. The Senior Director for BradyPLUS already has monthly meetings with OMNIA to discuss strategy, training, etc. for growth. BradyPLUS has previously participated in several OMNIA events to include OMNIA connection, this helped us better connect with all levels of the OMNIA sales team as well as leadership to drive strategy. We also hold a meeting yearly to discuss direction of sales on the contract, how to better connect and interact with OMNIA departments and learn new techniques for growing together. In the past we have partnered with the OMNIA local sales rep to identify targets we have in common. We also have created web pages, sell sheets and represent OMNIA at all local sales conferences and tradeshows, both nationally and regionally. BradyPLUS Affiliates will provide training to all sales representatives based on the terms of the contract and the use of cooperatives across the U.S. We use this training in conjunction with target lists to best equip our team for successful onboarding of new accounts.
K. State the amount of Supplier’s Public Agency sales for the previous fiscal year.
Provide a list of Supplier’s top 10 Public Agency customers, the total purchases for each for the previous fiscal year along with a key contact for each. 651
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We are unable to provide confidential information related to our customers. Our customers trust us to diligently safeguard and protect their records and information as responsible stewards of their data.
L. Describe Supplier’s information systems capabilities and limitations regarding order management through r eceipt of payment, including description of multiple platforms that may be used for any of these functions.
BradyPLUS has a number of different web-based solutions to support order fulfillment. Our main tool is our full-featured online ordering website. Our online website contains real time pricing, product availability, historical order lookup, contract price lists, product images, extended product descriptions, and SDS (formerly MSDS) sheets. Additionally, our websites contain advanced functionality of ship-to level budgeting through Spend Management and the ability to set up a user’s customized shopping list.
Orders placed via the web are submitted to our warehouses immediately, ensuring no delay for our next day delivery cut off times with cut off times varying by location.
A second tool available to customers is the ability for our affiliates to handle Punch Out functionality. Most of our affiliates have this capability and will by set up as requested by customers and based on the size and scope of the account. This functionality allows a customer to access the affiliates online ordering website through a cXML-based integration between the customer’s system and our web servers. The Punch Out protocol ensures the customer’s backend systems have visibility to the items being ordered and the expected delivery dates.
BradyPLUS also offers traditional EDI, email, fax/facsimile, and phone alternatives for customers to place their orders.
M. Provide the Contract Sales (as defined in Section 12 of the OMNIA Partners Administration Agreement) that Supplier will guarantee each year under the Master Agreement for the initial three years of the Master Agreement (“Guaranteed Contract Sales”).
$ .00 in year one
$ .00 in year two
$ .00 in year three
To the extent Supplier guarantees minimum Contract Sales, the Administrative Fee shall be calculated based on the grea ter of the actual Contract Sales and the Guaranteed Contract Sales.
Since there is no requirement that the lead agent or any public entities must purchase from this contract and as there may be multiple awardees to this RFP, BradyPLUS does not wish to guarantee sales.
N. Even though it is anticipated many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances 652
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where Public Agencies will issue their own solicitations. The following options are available when responding to a solicitation for Products covered under the Master Agreement.
i. Respond with Master Agreement pricing (Contract Sales reported to OMNIA Partners).
ii. If competitive conditions require pricing lower than the standard Master Agreement not-to-exceed pricing, Supplier may respond with lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sales to OMNIA Partners under the Master Agreement.
iii. Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to OMNIA Partners). iv. If alternative or multiple pro posals are permitted, respond with pricing higher than Master Ag reement, and include Master Agreement as the alternate or additional proposal.
Please refer to our pricing proposal and submitted catalog based on discount from list.
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Detail Supplier’s strategies under these options when responding to a solicitation.
Exhibit B
Administration Agreement, Example
ADMINISTRATION AGREEMENT
THIS ADMINISTRATION AGREEMENT (this “ Agreement”) is made this day of 20 , between OMNIA Partners, Public Sect or, Inc., a Delaware corporation (“ OMNIA Partners”), and (“ Supplier”).
RECITALS
WHEREAS, the (the “ Principal Procurement Agency ”) has entered into a Master Agreement effective , Agreement No , by and between the Principal Procurement Agency and Supplier, (as may be amended from time to time in accordance with the terms thereof, the “ Master Agreement”), as attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein, for the purchase of (the “ Product”);
WHEREAS, said Master Agreement provides that any or all public agencies, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (collectively, “Public Agencies”), that register (either via registration on the OMNI A Partners website or execution of a Master Intergovernmental Cooperative Purchasing Agreement, attached hereto as Exhibit B) (each, hereinafter referred to as a “Participating Public Agency”) may purchase Product at prices stated in the Master Agreement;
WHEREAS, Participating Public Agencies may access the Master Agreement which is offered through OMNIA Partners to Public Agencies;
WHEREAS, OMNIA Partners serves as the cooperative contract administrator of the Master Agreement on behalf of Principal Procurement Agency;
WHEREAS, Principal Procurement Agency desires OMNIA Partners to proceed with administration of the Master Agreement; and
WHEREAS, OMNIA Partners and Supplier desire to enter into this Agreement to make available the Master Agreement to Participating Public Agencies and to set forth certain terms and conditions governing the relationship between OMNIA Partners and Supplier.
NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, OMNIA Partners and Supplier hereby agree as follows:
DEFINITIONS
1. Capitalized terms used in this Agreement and not otherwise defined herein shall have the meanings given to them in the Master Agreement.
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TERMS AND CONDITIONS
2. The Master Agreement and the terms and c onditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. Supplier acknowledges and agrees that the covenants and agreements of Supplier set forth in the solicitation and Supplier’s response thereto resulting in the Master Agreement ar e incorporated herein and are an integral part hereof.
3. OMNIA Partners shall be afforded all of the rights, privileges and indemnifications afforded to Principal Procurement Agency by or from Supplier under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to OMNIA Partners, its agents, employees, directors, and representatives under this Agreement including, but not limited to, Supplier’s obligation to obtain appropriate insurance.
4. OMNIA Partners shall perform all of its duties, responsibilities and obligations as the cooperative contract administrator of the Master Agreement on be half of Principal Procurement Agency as set forth herein, and Supplier here by acknowledges and agrees that all duties, responsibilities and obligations will be undertaken by OMNIA Partners solely in its capacity as the cooperative contract administrator under the Master Agreement.
5. With respect to any purchases by Principal Procurement Agency or any Participating Public Agency pursuant to the Master Agreement, OMNIA Partners shall not be: (i) construed as a dealer, re-marketer, representative, partner or agent of any type of the Supplier, Principal Procurement Agency or any Participating Publ ic Agency; (ii) obligated, liable or responsible for any order for Product made by Principal Procurement Agency or any Participating Public Agency or any employee thereof under the Master Agreement or for any paym ent required to be made with respect to such order for Product; and (iii) obligated, liable or responsible for any failure by Principal Procurement Agency or any Participating Public Agency to comply with procedures or requirements of applicable law or the Master Agreement or to obtain the due authorization and approval necessary to purchase under the Master Agreement. OMNIA Partners make s no representation or gua ranty with respect to any minimum purchases by Principal Procurement Agency or any Participating Public Agency or any employee thereof under this Agreement or the Master Agreement.
6. OMNIA Partners shall not be responsible for Supplier’s performance under the Master Agreement, and Supplier shall hold OMNIA Partners harmless from any liability that may arise from the acts or omissions of Supplier in connection with the Master Agreement.
7. Supplier acknowledges that, in connection with its access to OMNIA Partners confidential information and/or s upply of data to OMNIA Partners , it has complied with and shall continue to comply with all laws, regulations an d standards that may apply to Supplier, including, without limitation: (a) United States federal and st ate information security and privacy statutes, regulations and/or best prac tices, including, without limitation, the Gramm-Leach-Bliley Act, the Massachusetts Data Security Regulations (201 C.M.R. 17.00 et. seq.), the Nevada encryption statute (N.R.S. § 603A), the California data security law (Cal. Civil Code § 1798.80 et. seq.) and California Consumer Privacy Act (Cal. Civil Code § 179 8.100 et. seq.); and (b) applicable industry and regulatory standards and best practices (collectively, “Data Regulations”).
With regard to Personal Information that Supplier collects, receives, or otherwise processes under the Agreement or otherwise in connection with performance of the Agreement, Supplier agrees 655
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that it will not: (i) sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate orally, in writing, or by electronic or other means, such Personal Information to another business or third party for monetary or other valuable consideration; or (ii) retain, use, or disclose such Personal Information outside of the direct business relationship between Supplier and OMNIA Partners or for any purpose other than for the sp ecific purpose of performance of the Agreement, including retaining, using, or disclosing such Pe rsonal Information for a commercial purpose other than for performance of the Agreement. By entering into the Agreement, Supplier certifies that it understands the specific restrictions contained in this Section 7 a nd will comply with them. For purposes hereof, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, and includes the specific elements of “personal information” as defined under Data Regulations, as defined herein. Supplier will r easonably assist OMNIA Partners in timely responding to any third party “request to know” or “request to delete” (as defined pursuant to Data Regulations) and will promptly provide OMNIA Partners with information reasonably necessary for OMNIA Partners to respond to su ch requests. Where S upplier collects Personal Information directly from Public Agencies or others on OMNIA Partners’ behalf, Supplier will maintain records and the means necessary to enable OMNIA Partners to respond to such requests to know and requests to delete.
8. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OMNIA
PARTNERS EXPRESSLY DISCLAIMS ALL EX PRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING OMNIA PARTNERS’ PERFORMANCE AS A COOPERATIVE CONTRACT ADMINISTRATOR OF THE MASTER AGREEMENT. OMNIA
PARTNERS SHALL NOT BE LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF OMNIA PARTNERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERM OF AGREEMENT; TERMINATION
9. This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the provisions of Sections 3 – 8 and 11 – 22, hereof and the indemnifications afforded by the Supplier to OMNIA Partners in the Master Agreement, to the extent such provisions survive any expiration or termina tion of the Master Agreement, shall survive the expiration or termination of this Agreement.
NATIONAL PROMOTION
10. OMNIA Partners and Supplier shall publicize and promote the availability of the Master Agreement’s products and services to P ublic Agencies and such agencies’ employees.
Supplier shall require each Public Agency to register its participation in the OMNIA Partners program by either registering on the OMNIA Partners website (www.omniapartners.com/publicsector ) or executing a Master Intergovernmental Cooperative Purchasing Agreement prior to processing the Participating Public Agency’s first sales order. Upon request, S upplier shall make available to interested Public Agencies a copy of the Master Agreement and such price lists or quotes as may be necessary for such Public Agencies to evaluate potential purchases.
11. Supplier shall provide such marketing and administrative support as set forth in the solicitation resulting in the Master Agreement, including assisting in development of marketing materials as reasonably requested by Principal Procurement Agency and OMNIA Partners. Supplier 656
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shall be responsible for obtaining permission or license of use and payment of any license fees for all content and images Supplier provides to OMNIA Partners or posts on the OMNIA Partners website.
Supplier shall indemnify, defend and hold harmless OMNIA Partners for use of all such content and images including copyright infringement claims. Supplier and OMNIA Partners each hereby grant to the other party a limited, revocable, non-transferable, non-sublicensable right to use such party’s logo (each, the “Logo”) solely for use in marketing the Master Agreement. Each party shall provide the other party with the standard term s of use of such party’s Logo, a nd such party shall comply with such terms in all material respects. Both parties shall obtain approval from the other party prior to use of such party’s Logo. Notwithstanding the foregoing, the parties understand and agree that except as provided herein neither party shall have any right, title or interest in the other party’s Logo. Upon termination of this Agreement, each party shall immediately cease use of the other party’s Logo.
ADMINISTRATIVE FEE, REPORTING & PAYMENT
12. An “Administrative Fee” shall be defined and due to OMNIA Partners from Supplier in the amount of three percent (3%) (“Administrative Fee Percentage ”) multiplied by the total purchase amount paid to Supplier, less refunds and credits on returns, for the sale of products and/or services to Principal Procurement Agency and Participating Public Agencies pursuant to the Master Agreement (as amended from time to time and including any renewal thereof) (“ Contract Sales”).
From time to time the parties may mutually agree in writing to a lower Administrative Fee Percentage for a specifically identified Participating Public Agency’s Contract Sales.
13. Supplier shall provide OMNIA Partners with an electronic accounting report monthly, in the format prescribed by OMNIA Partners, summarizing all Contract Sales for each calendar month. The Contract Sales reporting fo rmat is provided as Exhibit C (“ Contract Sales Report ”), attached hereto and incorporated herein by reference. Contract Sales Reports for each calendar month shall be provided by Supplier to OMNIA Partners by the 10th day of the following month. Failure to provide a Contract Sales Report within the time and manner specified herein shall constitute a material breach of this Agreement and if not cured within th irty (30) days of written notice to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency’s sole discretion, and/or this Agreement, at OMNIA Partners’ sole discretion.
14. Administrative Fee payments are to be pa id by Supplier to OMNIA Partners at the frequency and on the due date stated in Section 13, above, for Supplier’s submission of corresponding Contract Sales Reports. Administrative Fee payments are to be made via Automated Clearing House (ACH) to the OMNIA Partners designated financial institution identified in Exhibit D. Failure to provide a payment of the Administrative Fee within the time and manner specified herein shall constitute a material breach of this Agreement and if not cured within thirty (30) days of written notice to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency’s sole discretion, and/or this Agreement, at OMNIA Partners’ sole discretion.
All Administrative Fees not paid when due shall bear interest at a rate equal to the lesser of one and one-half percent (1 1/2%) per month or the maximum rate permitted by law until paid in full.
15. Supplier shall maintain an accounting of all purchases made by Participating Public Agencies under the Master Agreement. OMNIA Part ners, or its designee, in OMNIA Partners’ sole discretion, reserves the right to compare Participating Public Agency records with Contract Sales Reports submitted by Supplier for a period of four (4) years from the date OMNIA Partners receives such report. In addition, OMNIA Partners may engage a third party to conduct an independent audit of Supplier’s monthly reports.
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reasonably requested relating to such audit by OMNIA Partners at the location designated by OMNIA Partners. In the event an underreporting of C ontract Sales and a re sulting underpayment of Administrative Fees is revealed, OMNIA Partners will notify the Supplier in writing. Supplier will have thirty (30) days from the date of such notice to resolve the discrepancy to OMNIA Partners’ reasonable satisfaction, including payment of any Administrative Fees due and owing, together with interest thereon in accordance with Section 13, and reimbursement of OMNIA Partners’ costs and expenses related to such audit.
GENERAL PROVISIONS
16. This Agreement, the Master Agreement and the exhibits referenced herein supersede any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereto and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained or incorporated herein shall be valid or binding. In the event of any conflict betw een the provisions of this Agreement and the Master Agreement, as between OMNIA Partners and Supplier, the provisions of this Agreement shall prevail.
17. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any Administrative Fee and accrued interest, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which it may be entitled.
18. This Agreement and OMNIA Partners’ ri ghts and obligations hereunder may be assigned at OMNIA Partners’ sole discretion to an affiliate of OMNIA Partners, any purchaser of any or all or substantially all of the assets of OMNIA Partners, or the successor entity as a result of a merger, reorganization, consolidation, conversion or change of control, whether by operation of law or otherwise. Supplier may not assign its obligations hereunder wit hout the prior written consent of OMNIA Partners.
19. All written communications given hereunder sh all be delivered by first-class mail, postage prepaid, or overnight delivery on receipt to the addresses as set forth below.
A. OMNIA Partners:
OMNIA Partners
5001 Aspen Grove
Franklin, TN 37067
Attention: Legal Department - Public Sector Contracting
B. Supplier:
20. If any provision of this Agreement shall be deemed to be, or shall in fact be, illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever, and this 658
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Agreement will be construed by limiting or invalidating such provision to the minimum extent necessary to make such provision valid, legal and enforceable.
21. This Agreement may not be amended, changed, modified, or altered without the prior written consent of the parties hereto, and no provision of this Agreement may be discharged or waived, except by a writing signed by the parties. A waiver of any particular provision will not be deemed a waiver of any other provision, nor will a waiver given on one occasion be deemed to apply to any other occasion.
22. This Agreement shall inure to the be nefit of and shall be binding upon OMNIA Partners, the Supplier and any respective successor and assign thereto; subject, however, to the limitations contained herein.
23. This Agreement will be construed under and governed by the laws of the State of Delaware, excluding its conflicts of law provisions and any action aris ing out of or related to this Agreement shall be commenced solely and exclusively in the state or federal courts in Williamson County Tennessee.
24. This Agreement may be executed in counterparts, each of which is an original but all of which, together, shall constitute but one and the same instrument.
The exchange of copies of this
Agreement and of signature pages by facsimile, or by .pdf or similar electronic transmission, will constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purpos es. Signatures of the parties transmitted by facsimile, or by .pdf or similar electronic transmission, will be deemed to be their original signatures for any purpose whatsoever.
[INSERT SUPPLIER ENTITY NAME] OMNIA PARTNERS, PUBLIC
SECTOR, INC.
Signature
Signature
Sarah Vavra
Name Name
Sr. Vice President, Public Sector
Contracting
Title Title
Date Date
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3. The Participating Public Agency represents and warrants that the Participating Public Agency is not a hospital or other healthcare provi der and is not purchasing Products on behalf of a hospital or healthcare provider; provided that the foregoing shall not prohibit Participating Public Agency from furnishing health care services so long as the furnishing of health care services is not in furtherance of a primary purpose of the Participating Public Agency.
4. The cooperative use of Master Agreements shall be in accordance with the terms and conditions of the Master Agreements, except as modification of those terms and conditions is otherwise required by applicable federal, state or local law, policies or procedures.
5. The Principal Procurement Agencies will make available, upon reasonable request, Master Agreement information wh ich may assist in improving the procurement of Products by the Participating Public Agencies.
6. The Participating Public Agency agrees the OMNIA Partners Parties may provide access to group purchasing organization (“GPO”) agreements directly or indirectly by enrolling the Participating Public Agency in another GPO’s pu rchasing program, provided that the purchase of Products through the OMNIA Partners Parties or any other GPO shall be at the Participating Public Agency’s sole discretion.
7. The Participating Public Agencies (each a “Procuring Party”) that procure Products through any Master Agreement or GPO Product supply agreement (each a “ GPO Contract”) will make timely payments to the distributor, manufacturer or other vendor (collectively, “Supplier”) for Products received in accordance with the terms and conditions of the Master Agreement or GPO Contract, as applicable. Payment for Products and inspections and acceptance of Products ordered by the Procuring Party shall be the exclusive obliga tion of such Procuring Party. Disputes between Procuring Party and any Supplier shall be resolved in accordance with the law and venue rules of the State of purchase unless otherwise agreed to by the Procuring Party and Supplier.
8. The Procuring Party shall not use this Agreement as a method for obtaining additional concessions or reduced prices for purchase of si milar products or services outside of the Master Agreement. Master Agreements ma y be structured with not-to-exceed pricing, in which cases the Supplier may offer the Procuring Party and the Procuring Party may accept lower pricing or additional concessions for purchase of Products through a Master Agreement.
9. The Procuring Party shall be responsible for the orde ring of Products under this Agreement. A non-procuring party shall not be liable in any fashion for any violation by a Procuring Party, and, to the extent permitted by applicable law, the Procur ing Party shall hold non-procuring party harmless from any liability that may arise from the acts or omissions of the Procuring Party.
10. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE OMNIA
PARTNERS PARTIES EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED
REPRESENTATIONS AND WARRANTIES REGARDING ANY PRODUCT, MASTER AGREEMENT AND GPO CONTRACT. THE OMNIA PARTNERS PARTIES SHALL NOT BE
LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF THE OMNIA PARTNERS PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE
PROCURING PARTY ACKNOWLEDGES AND AGREES THAT THE OMNIA PARTNERS
PARTIES SHALL HAVE NO LIABILITY FOR ANY ACT OR OMISSION BY A SUPPLIER OR 661
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OTHER PARTY UNDER A MASTER AGREEMENT OR GPO CONTRACT.
11. This Agreement shall remain in effect until termination by either party giving thirty (30) days’ written notice to the other party. The provisions of Paragraphs 6 - 10 hereof shall survive any such termination.
12. This Agreement shall take effect upon (i) execution of the Principal Procurement Agency Certificate, or (ii) registration on the OM NIA Partners website or the execution of this Agreement by a Participating Public Agency, as applicable.
Participating Public Agency: OMNIA Partners, as the cooperative administrator on behalf of Principal
Procurement Agencies:
OMNIA PARTNERS, PUBLIC SECTOR,
INC.
Authorized Signature
Signature
Sarah E. Vavra
Name Name
Sr. Vice President, Public Sector Contracting
Title and Agency Name Title
Date Date
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663
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665
666
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669
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FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL CONDITIONS
Awarded Supplier(s) (also referred to as Contractors) may need to respond to events and losses where products and services are needed for the immediate and initial response to emergency situations such as, but not limited to, water damage, fire damage, vandalism cleanup, biohazard cleanup, sewage decontamination, deodorization, and/or wind damage during a disaster or emergency situation. By submitting a proposal, the Supplier is accepted these FEMA and Additional Federal Funding Special Conditions required by the Federal Emergency Management Agency (FEMA) and other federal entities.
“Contract” in the below pages under FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL CONDITIONS is also referred to and defined as the “Master Agreement”. “Contractor” in the below pages under FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL CONDITIONS is also referred to and defined as “Supplier” or “Awarded Supplier”.
Conflicts of Interest
No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a FEMA award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties, has a financial or other interest in or a tangible personal benefit from a firm considered for award. 2 C.F.R. § 200.318(c)(1); See also Standard Form 424D, ¶ 7; Standard Form 424B, ¶ 3. i. FEMA considers a “financial interest” to be the potential for gain or loss to the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties as a result of the particular procurement. The prohibited financial interest may arise from ownership of certain financial instruments or investments such as stock, bonds, or real estate, or from a salary, indebtedness, job offer, or similar interest that might be affected by the particular procurement. ii. FEMA considers an “apparent” conflict of interest to exist where an actual conflict does not exist, but where a reasonable person with knowledge of the relevant facts would question the impartiality of the employee, officer, or agent participating in the procurement. c. Gifts. The officers, employees, and agents of the Participating Public Agency nor the Participating Public Agency (“NFE”) must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, NFE’s may set standards for situations in which the financial interest is de minimus, not substantial, or the gift is an unsolicited item of nominal value. 2 C.F.R. § 200.318(c)(1). d. Violations. The NFE’s written standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the NFE. 2 C.F.R. § 200.318(c)(1). For example, the penalty for a NFE’s employee may be dismissal, and the penalty for a contractor might be the termination of the contract.
Contractor Integrity
A contractor must have a satisfactory record of integrity and business ethics. Contractors that are debarred or suspended, as described in and subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R.
Part 3000 (Non-procurement Debarment and Suspension), must be rejected and cannot receive contract awards at any level.
Notice of Legal Matters Affecting the Federal Government In the event FTA or DOT funding is used by Participating Public Agency, Contractor agrees to:
1) The Contractor agrees that if a current or prospective legal matter that may affect the Federal Government emerges, the Contractor shall promptly notify the Participating Public Agency of the legal matter in accordance with 2 C.F.R. §§ 180.220 and 1200.220.
2) The types of legal matters that require notification include, but are not limited to, a major dispute, 674
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breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason.
3) The Contractor further agrees to include the above clause in each subcontract, at every tier, financed in whole or in part with Federal assistance provided by the FTA.
Public Policy
A contractor must comply with the public policies of the Federal Government and state, local government, or tribal government. This includes, among other things, past and current compliance with the:
a. Equal opportunity and nondiscrimination laws
b. Five affirmative steps described at 2 C.F.R. § 200.321(b) for all subcontracting under contracts supported by FEMA financial assistance; and FEMA Procurement Guidance June 21, 2016 Page IV- 7 c. Applicable prevailing wage laws, regulations, and executive orders
Affirmative Steps
For any subcontracting opportunities, Contractor must take the following Affirmative steps:
1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and
5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.
Prevailing Wage Requirements
When applicable, the awarded Contractor (s) and any and all subcontractor(s) agree to comply with all laws regarding prevailing wage rates including the Davis-Bacon Act, applicable to this solicitation and/or Participating Public Agencies. The Participating Public Agency shall notify the Contractor of the applicable pricing/prevailing wage rates and must apply any local wage rates requested. The Contractor and any subcontractor(s) shall comply with the prevailing wage rates set by the Participating Public Agency.
Federal Requirements
If products and services are issued in response to an emergency or disaster recovery the items below, located in this FEMA Special Conditions section of the Federal Funds Certifications, are activated and required when federal funding may be utilized.
2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses
1. CONTRACT REMEDIES
Contracts for more than the federal simplified acquisition threshold (SAT), the dollar amount below which an NFE may purchase property or services using small purchase methods, currently set at $250,000 for procurements made on or after June 20, 2018,4 must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms and must provide for sanctions and penalties as appropriate.
1.1 Applicability
This contract provision is required for contracts over the SAT, currently set at $250,000 for 675
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procurements made on or after June 20, 2018. Although not required for contracts at or below the SAT, FEMA suggests including a remedies provision.
1.2 Additional Considerations
For FEMA’s Assistance to Firefighters Grant (AFG) Program, recipients must include a penalty clause in all contracts for any AFG-funded vehicle, regardless of dollar amount. In that situation, the contract must include a clause addressing that non-delivery by the contract’s specified date or other vendor nonperformance will require a penalty of no less than $100 per day until such time that the vehicle, compliant with the terms of the contract, has been accepted by the recipient. This penalty clause should, however, account for force majeure or acts of God. AFG recipients should refer to the applicable year’s Notice of Funding Opportunity (NOFO) for additional information, which can be accessed at FEMA.gov.
2. TERMINATION FOR CAUSE AND CONVENIENCE
a. Standard. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity, including the manner by which it will be effected and the basis for settlement. See 2 C.F.R. Part 200, Appendix II(B).
b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.
3. EQUAL EMPLOYMENT OPPORTUNITY
When applicable:
a. Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p.
339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II(C). b. Key Definitions.
i. Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-
1.3 defines a “federally assisted construction contract” as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work.
ii. Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines “construction work” as the construction, rehabilitation, alteration, conversion, extension, demolition or 676
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repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.
c. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.
d. Required Language. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of the following contract clause.
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 677
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(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to
which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
4. DAVIS-BACON ACT
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a. Standard. All prime construction contracts in excess of $2,000 awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141- 3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction). See 2 C.F.R. Part 200, Appendix II(D). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week.
b. Applicability. The Davis-Bacon Act applies to the Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program.
c. Requirements. If applicable, the non-federal entity must do the following:
i. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
ii. Additionally, pursuant 2 C.F.R. Part 200, Appendix II(D), contracts subject to the Davis-Bacon Act, must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Copeland Anti- Kickback Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to FEMA.
iii. Include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and AssistedConstruction”).
Suggested Language. The following provides a sample contract clause:
Compliance with the Davis-Bacon Act.
a. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-
3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
b. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.
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c. Additionally, contractors are required to pay wages not less than once a week.
5. COPELAND ANTI-KICKBACK ACT
a. Standard. Recipient and subrecipient contracts must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). b. Applicability. This requirement applies to all contracts for construction or repair work above $2,000 in situations where the Davis-Bacon Act also applies. It DOES NOT apply to the FEMA Public Assistance Program.
c. Requirements. If applicable, the non-federal entity must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). Each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work.
Sample Language. The following provides a sample contract clause:
Compliance with the Copeland “Anti-Kickback” Act.
a. Contractor. The contractor shall comply with 18 U.S.C. §874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
c. Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12.”
6. CONTRACT WORK HOURS AND SAFETY STANDARDSACT
a. Standard. Where applicable (see 40 U.S.C. §§ 3701-3708), all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as 680
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supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II(E). Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Further, no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous.
b. Applicability. This requirement applies to all FEMA contracts awarded by the non- federal entity in excess of $100,000 under grant and cooperative agreement programs that involve the employment of mechanics or laborers. It is applicable to construction work. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
c. Suggested Language. The regulation at 29 C.F.R. § 5.5(b) provides contract clause language concerning compliance with the Contract Work Hours and Safety Standards Act. FEMA suggests including the following contract clause:
Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in suchworkweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event ofany violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of
$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Federal agency or loan/grant recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any
moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.
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clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.
7. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT ORAGREEMENT a. Standard. If the FEMA award meets the definition of “funding agreement” under 37C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non- Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II(F).
b. Applicability. This requirement applies to “funding agreements,” but it DOES NOT apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.”
c. Funding Agreements Definition. The regulation at 37 C.F.R. § 401.2(a) defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.
8. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT a. Standard. If applicable, contracts must contain a provision that requires the contractor to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671q.) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II(G).
b. Applicability. This requirement applies to contracts awarded by a non-federal entity of
amounts in excess of $150,000 under a federalgrant.
c. Suggested Language. The following provides a sample contract clause.
Clean Air Act
1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. 682
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§ 7401 et seq.
2. The contractor agrees to report each violation to the Participating Public Agency and understands and agrees that the Participating Public Agency will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.
Federal Water Pollution Control Act
1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
2. The contractor agrees to report each violation to the Participating Public Agency and understands and agrees that the Participating Public Agency will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided byFEMA.
9. DEBARMENT AND SUSPENSION
a. Standard. Non-Federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (Non-procurement Debarment and Suspension).
b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.
c. Requirements.
i. These regulations restrict awards, subawards, and contracts with certain parties
that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II(H); and 2 C.F.R. § 200.213. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530.
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within the meaning of a “covered transaction,” to include subawards and subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a “covered transaction,” which is any non-procurement transaction (unless excepted) at either a “primary” or “secondary” tier. Although “covered transactions” do not include contracts awarded by the Federal Government for purposes of the non-procurement common rule and DHS’s implementing regulations, it does include some contracts awarded by recipients and subrecipients.
i. Specifically, a covered transaction includes the following contracts for goods or services:
1. The contract is awarded by a recipient or subrecipient in the amount of at least $25,000.
2. The contract requires the approval of FEMA, regardless of amount.
3. The contract is for federally-required auditservices.
4. A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of$25,000.
d. Suggested Language. The following provides a debarment and suspension clause. It incorporates an optional method of verifying that contractors are not excluded or disqualified.
Suspension and Debarment
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by the Participating Public Agency. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies
available to the Participating Public Agency, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
10. BYRD ANTI-LOBBYING AMENDMENT
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appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352.
FEMA’s regulation at 44 C.F.R. Part 18 implements the requirements of 31 U.S.C. § 1352 and provides, in Appendix A to Part 18, a copy of the certification that is required to be completed by each entity as described in 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Federal awarding agency.
b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. Contractors that apply or bid for a contract of $100,000 or more under a federal grant must file the required certification. See 2 C.F.R. Part 200, Appendix II(I); 31 U.S.C. § 1352; and 44 C.F.R. Part 18.
c. Suggested Language.
Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)
Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.
Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
d. Required Certification. If applicable, contractors must sign and submit to the non-federal entity the following certification.
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- 685
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LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
Signature of Contractor’s Authorized Official
Name and Title of Contractor’s Authorized Official
Date
11. PROCUREMENT OF RECOVERED MATERIALS
a. Standard. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. See 2 C.F.R. Part 200, Appendix II(J); and 2 C.F.R. § 200.322.
b. Applicability. This requirement applies to all contracts awarded by a non- federal entity under FEMA grant and cooperative agreement programs.
c. Requirements. The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
d. Suggested Language.
i. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—
1. Competitively within a timeframe providing for compliance with the contract performance schedule;
2. Meeting contract performance requirements; or
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3. At a reasonable price.
ii. Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
iii. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
12. DOMESTIC PREFERENCES FOR PROCUREMENTS
As appropriate, and to the extent consistent with law, CONTRACTOR should, to the greatest extent practicable under a federal award, provide a preference for the purchase, acquisition, or use of goods, products or materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement, and other manufactured products.
Applicability For purchases in support of FEMA declarations and awards issued on or after November 12, 2020, all FEMA recipients and subrecipients are required to include in all contracts and purchase orders for work or products a contract provision encouraging domestic preference for procurements.
Domestic Preference for Procurements As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.”
13. ACCESS TO RECORDS
a. Standard. All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. Recipients must give DHS/FEMA access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance.
See DHS Standard Terms and Conditions: Version 8.1 (2018). Additionally, Section 1225 of the Disaster Recovery Reform Act of 2018 prohibits FEMA from providing reimbursement to any state, local, tribal, or territorial government, or private non-profit for activities made pursuant to a contract that purports to prohibit audits or internal reviews by the FEMA administrator or ComptrollerGeneral.
Access to Records. The following access to records requirements apply to this contract:
i. The Contractor agrees to provide Participating Public Agency, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
ii. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. iii. The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.
iv. In compliance with the Disaster Recovery Act of 2018, the Participating Public Agency and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.
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14. CHANGES
a. Standard. To be eligible for FEMA assistance under the non-Federal entity’s FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope.
b. Applicability. FEMA recommends, therefore, that a non-Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end-item procured.
15. DHS SEAL, LOGO, AND FLAGS
a. Standard. Recipients must obtain permission prior to using the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials. See DHS Standard Terms and Conditions: Version 8.1 (2018).
b. Applicability. FEMA recommends that all non-Federal entities place in their contracts a provision that a contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.
c. “The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.
16. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS
a. Standard. The recipient and its contractors are required to comply with all Federal laws, regulations, and executive orders.
b. Applicability. FEMA recommends that all non-Federal entities place into their contracts an acknowledgement that FEMA financial assistance will be used to fund the contract along with the requirement that the contractor will comply with all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives.
c. “This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.”
17. NO OBLIGATION BY FEDERAL GOVERNMENT
a. Standard. FEMA is not a party to any transaction between the recipient and its contractor.
FEMA is not subject to any obligations or liable to any party for any matter relating to the contract.
b. Applicability. FEMA recommends that the non-Federal entity include a provision in its contract that states that the Federal Government is not a party to the contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
c. “The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.”
18. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR
RELATED ACTS
a. Standard. Recipients must comply with the requirements of The False Claims Act (31 U.S.C. 688
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FEDERAL TRANSIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT)
SPECIAL CONDITIONS
Awarded Supplier(s) (also referred to as Contractors) may be asked to provide products and services to agencies following Federal Transit Administration and/or Department of Transportation requirements. By submitting a response, the Supplier is accepting these FTA and DOT Special Conditions.
NO GOVERNMENT OBLIGATION TO THIRD PARTIES
These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over $2,000).
(1) The Participating Public Agency and contractor/vendor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the purchaser, contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by 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 OR RELATED ACTS These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over $2,000)
(1) The 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 Project. Upon execution of the underlying contract, the contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be 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, the 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 the contractor to the extent the Federal Government deems appropriate.
(2) The contractor also acknowledges that if it makes, or causes to be 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. § 5323(l) on the contractor, to the extent the Federal Government deems appropriate.
(3) The contractor agrees to include the above two 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.
ACCESS TO RECORDS AND REPORTS
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(1) Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third party agreements of any type, and supporting materials related to those records. (2) Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.
(3) Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. (4) Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required.
FEDERAL CHANGES
(1) 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 Master Agreement between Purchaser and 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.
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 (a)(11).
CIVIL RIGHTS / TITLE VI REQUIREMENTS
The Participating Public Agency is an Equal Opportunity Employer. As such, the Participating Public Agency agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the Participating Public Agency agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications.
Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof. (1) Nondiscrimination – In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. 20000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6102, section 202 of the Americans 690
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with disabilities Act of 1990, 42 U.S.C. 12132, and Federal transit law at 49 U.S.C. 5332, the contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the 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 the underlying 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 et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The 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, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, 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, the Contractor agrees to comply with any implementing requirements FTA may issue.
(b) Age - In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S.
Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(3) The contractor also agrees to include these requirements in each subcontract financed whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
INCORPORATION OF FTA 4220.1F TERMS
(1) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in 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 Agreement. The contractor shall not perform any act, fail to perform any act, or refuse to comply with any Participating Public Agency request, which would cause the Participating Public Agency to be in violation of the FTA terms and conditions. (2) Flow Down – The incorporation of FTA terms has unlimited flow down. 691
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DISADVANTAGED BUSINESS ENTERPRISE (DBE)
The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the contractor from future bidding as non-responsible. 49 C.F.R. § 26.13(b). 5) 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 applicable requirements 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)).
6) 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 Participating Public Agency.
7) 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.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
1) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions 692
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required by DOT, as set forth in 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 Agreement.
The contractor shall not perform any act, fail to perform any act, or refuse to comply with any Participating Public Agency request, which would cause the Participating Public Agency to be in violation of the FTA terms and conditions.
2) Flow Down – The incorporation of FTA terms has unlimited flow down.
SUSPENSION AND DEBARMENT
The Contractor shall comply and facilitate compliance with U.S. DOT regulations,
“Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and supplements the U.S.
Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Government Wide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be:
a) Debarred from participation in any federally assisted Award;
b) Suspended from participation in any federally assisted Award;
c) Proposed for debarment from participation in any federally assisted Award;
d) Declared ineligible to participate in any federally assisted Award;
e) Voluntarily excluded from participation in any federally assisted Award; or
f) Disqualified from participation in ay federally assisted Award.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
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 693
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subcontractor who will be subject to its provisions.
CARGO PREFERENCE REQUIREMENTS
Use of United States-Flag Vessels. The contractor agrees:
1) To use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels.
2) To furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 days following the date of loading for shipments originating outside the United States, a legible copy of a rated, “on-board” commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington D.C. 20590 and the FTA recipient (through the contractor in the case of a subcontractor’s bill-of lading).
3) To include these requirements in all subcontracts issued pursuant to the contract when the subcontract may involve the transport of equipment, materials, or commodities by ocean vessel.
FLY AMERICA
Fly America Requirements:
1) Definitions. As used in this clause- “International air transportation” means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States. “United States” means the 50 States, the District of Columbia, and outlying areas. “U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C. Chapter 411.
2) When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, recipients, and others use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services.
3) If available, the contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property.
4) In the event that the contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the contractor shall include a statement on vouchers involving such transportation essentially as follows:
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PROMPT PAYMENT
1) The Prime Contractor shall pay any Subcontractor for work that has been satisfactorily performed no later than thirty (30) days from the date of the Prime Contractor’s receipt of each payment made by the Participating Public Agency. Additionally, within thirty (30) days of satisfactory completion of all work required of the Subcontractor, the Prime Contractor shall release any retainage payments withheld to the Subcontractor.
FTA PROTEST NOTIFICATION
A protestant must exhaust all Participating Public Agency Procurement administrative procedures and remedies before pursuing a protest with the FTA.
1) Any and all protests shall be in writing and shall be filed with the Purchasing Manager with the Participating Public Agency. A protest relating to the process for determining the most responsive and responsible contractor shall be filed within five (5) business days after the protestor knows or should have known the basis of the determination. The Contract Officer shall respond to a protest within fourteen (14) calendar days after the receipt of the protest. The Purchasing Manager may grant the Contract Officer an extension for the response if warranted. A request for reconsideration of any and all determinations by the Contract Officer shall be filed with the Purchasing Manager within seven (7) calendar days after the receipt of the determination.
2) A protest shall include:
a. The name, address, and telephone number, including FAX number if available, of the protestor;
b. The signature of the protestor or authorized representative;
c. Identification of the contract/solicitation;
d. A detailed statement of the legal and/or factual grounds of protest including copies and/or citations of relevant documents, and;
e. The form of relief requested.
3) If any of the above information is omitted or incomplete, then the Protestor shall be notified, in writing, within two (2) calendar days after that determination, and the Protestor shall have two (2) calendar days in which to remedy the specified problem.
4) The Participating Public Agency will not make award prior to the resolution of a protest, or open bids prior to resolution of a protest filed before bid opening unless the Purchasing Manager determines in writing that it is in the best interests of the Participating Public Agency or in keeping with Item 7 of this procedure to do otherwise. Potential contractors will be advised of a pending protest if the protest is filed before award.
5) The Purchasing Manager may allow for an informal conference on the merits of a protest with all 696
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interested parties allowed to attend. Interested parties include all bidding contractors, and may also include a subcontractor or supplier provided they have a substantial economic interest in a portion of the IFB or RFP.
6) The Purchasing Manager shall respond "in writing", in detail, to each substantial issue raised in the protest. The Purchasing Manager has the sole authority to make determinations for the Participating Public Agency, and a determination shall be considered final when it is labeled as such. A request for reconsideration will be allowed by the Purchasing Manager if he determines that data has become available that was not previously known, or that there has been an error of law or regulation.
7) The Participating Public Agency may proceed with procurement when a protest is pending if the Participating Public Agency determines that:
a. The items to be procured are urgently required;
b. Delivery or performance will be unduly delayed by failure to make the award promptly; or
c. Failure to make award will otherwise cause undue harm to the grantee for the Federal Government.
8) FTA will only entertain a protest that alleges:
a. The Participating Public Agency failed to have or to adhere to its protest procedures, or failed to review a complaint or protest; or
b. Violations of Federal law or regulation.
9) A protest to FTA must be filed in accordance with FTA Circular 4220.1F, available from the Contract Officer. Specifically, protestors shall file a protest with FTA Region 9 or FTA Headquarters Office no later than five (5) days after a final decision is rendered under the Participating Public Agency's protest procedure. In instances where the protestor alleges that the Participating Public Agency failed to make a final determination on the protest, protestors shall file a protest with FTA not later than five (5) calendar days after the protester knew or should have known of the grantee's failure to render a final determination on the protest.
A protest filed with FTA shall:
a. Include the name and address of the protestor.
b. Identify the grantee, project number, and the number of the contract solicitation.
c. Contain a statement of the grounds for protest and any supporting documentation. This should detail the alleged failure to have or adhere to protest procedures, failure to review a complaint or protest; or Violation of Federal law or regulation.
Include a copy of the local protest filed with the grantee and a copy of the grantee's decision, if any.
Exhibit G
New Jersey Business Compliance
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NEW JERSEY BUSINESS COMPLIANCE
Suppliers intending to do business in the State of New Jersey must comply with policies and procedures required under New Jersey statues. All suppliers submitting proposals must complete the following forms specific to the State of New Jersey. Completed forms should be submitted with the supplier’s response to the RFP. Failure to complete the New Jersey packet will impact OMNIA Partners’ ability to promote the Master Agreement in the State of New Jersey.
DOC #1 Ownership Disclosure Form
DOC #
2 Non-Collusion Affidavit
DOC #3 Affirmative Action Affidavit
DOC #4 Political Contribution Disclosure Form
DOC #5 Stockholder Disclosure Certification
DOC #6 Disclosure of Investment Activities in Iran, Russia and Belarus DOC #7 New Jersey Business Registration Certificate
DOC #8 EEOAA Evidence
DOC #9 MacBride Principals Form
New Jersey suppliers are required to compl
y with the following New Jersey statutes when
applicable:
• all anti-discrimination laws, including those
contained in N.J.S.A. 10:2-1 through N.J.S.A.
10:2-14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38; • Prevailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the contemplation of the Act;
• Public Works Contractor Registration Act, N.J.S.A. 34:11-56.26; and • Bid and Performance Security, as required by the applicable municipal or state statutes.
DOC #1
STATEMENT OF OWNERSHIP DISCLOSURE
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43) This statement shall be completed, certified to, and included with all bid and proposal submissions.
Failure to submit the required information is cause for automatic rejection of the bid or proposal.
Name of Organization:
Organization Address:
Part I Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts II and III, execute certification in Part IV) 698
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Signature Date
Print Name and Title
Exhibit H
Advertising Compliance Requirement
Pursuant to certain state notice provisions, including but not limited to Oregon Revised Statutes Chapter 279A.210, Chapter 279A.220, and other related provisions, the following public agencies and political subdivisions of the referenced public agencies are eligible to register with OMNIA Partners and access the Master Agreement contract award made pursuant to this solicitation, and are hereby given notice of the foregoing request for proposals for purposes of complying with the procedural requirements of said statutes:
Nationwide:
State of Alabama State of Hawaii Commonwealth of
Massachusetts
State of New Mexico State of South
Dakota
State of Alaska State of Idaho State of Michigan State of New York State of Tennessee State of Arizona State of Illinois State of Minnesota State of North Carolina State of Texas State of Arkansas State of Indiana State of Mississippi State of North Dakota State of Utah State of California State of Iowa State of Missouri State of Ohio State of Vermont State of Colorado State of Kansas State of Montana State of Oklahoma Commonwealth of Virginia
State of Connecticut Commonwealth of
Kentucky
State of Nebraska State of Oregon State of Washington
State of Delaware State of Louisiana State of Nevada Commonwealth of Pennsylvania
State of West
Virginia
State of Florida State of Maine State of New Hampshire State of Rhode Island State of Wisconsin State of Georgia State of Maryland State of New Jersey State of South Carolina State of Wyoming District of Columbia U.S Territories
Lists of political subdivisions and local governments in the above referenced states / districts and territories may be found at http://www.usa.gov/state-governments and https://www.usa.gov/local-governments.
Certain Public Agencies and Political Subdivisions:
CITIES, TOWNS, VILLAGES AND BOROUGHS
INCLUDING BUT NOT LIMITED TO:
BAKER CITY GOLF COURSE, OR
CITY OF ADAIR VILLAGE, OR
CITY OF ASHLAND, OR
CITY OF AUMSVILLE, OR
CITY OF AURORA, OR
CITY OF BAKER, OR
CITY OF BATON ROUGE, LA
CITY OF BEAVERTON, OR
CITY OF BEND, OR
CITY OF BOARDMAN, OR
CITY OF BONANAZA, OR
CITY OF BOSSIER CITY, LA
CITY OF BROOKINGS, OR
CITY OF BURNS, OR
CITY OF CANBY, OR
CITY OF CANYONVILLE, OR
CITY OF CLATSKANIE, OR
CITY OF COBURG, OR
CITY OF CONDON, OR
CITY OF COQUILLE, OR
CITY OF CORVALLI, OR
CITY OF CORVALLIS PARKS AND RECREATION
DEPARTMENT, OR
CITY OF COTTAGE GROVE, OR
CITY OF DONALD, OR
CITY OF EUGENE, OR
CITY OF FOREST GROVE, OR CITY OF GOLD HILL,
OR
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CITY OF
GRANTS
PASS, OR
CITY OF
GRESHAM,
OR CITY
OF
HILLSBOR
O, OR CITY
OF
INDEPEND
ENCE, OR
CITY AND COUNTY OF
HONOLULU, HI CITY OF
KENNER, LA
CITY OF
LA
GRANDE,
OR CITY
OF
LAFAYETT
E, LA CITY
OF LAKE CHARLES, OR CITY
OF LEBANON, OR CITY OF
MCMINNVILLE, OR CITY OF
MEDFORD, OR CITY OF
METAIRIE, LA CITY OF
MILL CITY, OR CITY OF
MILWAUKIE, OR CITY OF
MONROE, LA
CITY OF MOSIER, OR
CITY OF NEW ORLEANS, LA
CITY OF NORTH PLAINS, OR
CITY OF OREGON CITY, OR
CITY OF PILOT ROCK, OR
CITY OF PORTLAND, OR
CITY OF POWERS, OR
CITY OF PRINEVILLE, OR
CITY OF REDMOND, OR
CITY OF REEDSPORT, OR
CITY OF RIDDLE, OR
CITY OF ROGUE RIVER, OR
CITY OF ROSEBURG, OR
CITY OF SALEM, OR
CITY OF SANDY, OR
CITY OF SCAPPOOSE, OR
CITY OF SHADY COVE, OR
CITY OF SHERWOOD, OR
CITY OF SHREVEPORT, LA
CITY OF SILVERTON, OR
CITY OF SPRINGFIELD, OR
CITY OF ST. HELENS, OR
CITY OF ST. PAUL, OR
CITY OF SULPHUR, LA
CITY OF TIGARD, OR
CITY OF TROUTDALE, OR
CITY OF TUALATIN, OR
CITY OF WALKER, LA
CITY OF WARRENTON, OR
CITY OF WEST LINN, OR
CITY OF WILSONVILLE, OR
CITY OF WINSTON, OR
CITY OF WOODBURN, OR
LEAGUE OF OREGON CITES
THE CITY OF HAPPY VALLEY OREGON
ALPINE, UT
ALTA, UT
ALTAMONT, UT
ALTON, UT
AMALGA, UT
AMERICAN FORK CITY, UT
ANNABELLA, UT
ANTIMONY, UT
APPLE VALLEY, UT
AURORA, UT
BALLARD, UT
BEAR RIVER CITY, UT
BEAVER, UT
BICKNELL, UT
BIG WATER, UT
BLANDING, UT
BLUFFDALE, UT
BOULDER, UT
CITY OF BOUNTIFUL, UT
BRIAN HEAD, UT
BRIGHAM CITY CORPORATION, UT BRYCE CANYON CITY, UT
CANNONVILLE, UT
CASTLE DALE, UT CASTLE VALLEY, UT CITY OF
CEDAR CITY, UT CEDAR FORT, UT
CITY OF CEDAR HILLS, UT CENTERFIELD, UT
CENTERVILLE CITY CORPORATION, UT CENTRAL VALLEY, UT
CHARLESTON, UT CIRCLEVILLE, UT CLARKSTON,
UT CLAWSON, UT CLEARFIELD, UT CLEVELAND,
UT
CLINTON CITY CORPORATION, UT COALVILLE, UT
CORINNE, UT CORNISH, UT
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COTTON
WOOD
HEIGHTS,
UT
DANIEL,
UT
D
E
L
T
A
,
U
T
D
E
W
E
Y
V
I
L
L
E
,
U
T
D
R
A
P
E
R
C
I
T
Y
,
U
T
D
U
C
H
E
S
N
E
,
U
T
E
A
G
L
E
MOUNTAIN, UT EAST
CARBON, UT ELK
RIDGE, UT
ELMO, UT
ELSINORE, UT
ELWOOD, UT
EMERY, UT
ENOCH, UT
ENTERPRISE, UT
EPHRAIM, UT
ESCALANTE, UT
EUREKA, UT
FAIRFIELD, UT
FAIRVIEW, UT
FARMINGTON, UT
FARR WEST, UT
FAYETTE, UT
FERRON, UT
FIELDING, UT
FILLMORE, UT
FOUNTAIN GREEN, UT
FRANCIS, UT
FRUIT HEIGHTS, UT
GARDEN CITY, UT
GARLAND, UT
GENOLA, UT
GLENDALE, UT
GLENWOOD, UT
GOSHEN, UT
GRANTSVILLE, UT
GREEN RIVER, UT
GUNNISON, UT
HANKSVILLE, UT
HARRISVILLE, UT
HATCH, UT
HEBER CITY CORPORATION, UT
HELPER, UT
HENEFER, UT
HENRIEVILLE, UT
HERRIMAN, UT
HIDEOUT, UT
HIGHLAND, UT
HILDALE, UT
HINCKLEY, UT
HOLDEN, UT
HOLLADAY, UT
HONEYVILLE, UT
HOOPER, UT
HOWELL, UT
HUNTINGTON, UT
HUNTSVILLE, UT
CITY OF HURRICANE, UT
HYDE PARK, UT
HYRUM, UT
INDEPENDENCE, UT
IVINS, UT
JOSEPH, UT
JUNCTION, UT
KAMAS, UT
KANAB, UT
KANARRAVILLE, UT
KANOSH, UT
KAYSVILLE, UT
KINGSTON, UT KOOSHAREM, UT LAKETOWN, UT
LA VERKIN, UT LAYTON, UT LEAMINGTON, UT
LEEDS, UT
LEHI CITY CORPORATION, UT LEVAN, UT
LEWISTON, UT LINDON, UT LOA, UT
LOGAN CITY, UT LYMAN, UT LYNNDYL, UT
MANILA, UT MANTI, UT MANTUA, UT
713
Appendix B – OMNIA Partners Exhibits
Version June 16, 2023
MAPLETON, UT
MARRIOTT-SLATERVILLE, UT
MARYSVALE, UT
MAYFIELD, UT
MEADOW, UT
MENDON, UT
MIDVALE CITY INC., UT
MIDWAY, UT
MILFORD, UT
MILLVILLE, UT
MINERSVILLE, UT
MOAB, UT
MONA, UT
MONROE, UT
CITY OF MONTICELLO, UT
MORGAN, UT
MORONI, UT
MOUNT PLEASANT, UT
MURRAY CITY CORPORATION, UT
MYTON, UT
NAPLES, UT
NEPHI, UT
NEW HARMONY, UT
NEWTON, UT
NIBLEY, UT
NORTH LOGAN, UT
NORTH OGDEN, UT
NORTH SALT LAKE CITY, UT
OAK CITY, UT
OAKLEY, UT
OGDEN CITY CORPORATION, UT
OPHIR, UT
ORANGEVILLE, UT
ORDERVILLE, UT
OREM, UT
PANGUITCH, UT
PARADISE, UT
PARAGONAH, UT
PARK CITY, UT
PAROWAN, UT
PAYSON, UT
PERRY, UT
PLAIN CITY, UT
PLEASANT GROVE CITY, UT
PLEASANT VIEW, UT
PLYMOUTH, UT
PORTAGE, UT
PRICE, UT
PROVIDENCE, UT
PROVO, UT
RANDOLPH, UT
REDMOND, UT
RICHFIELD, UT
RICHMOND, UT
RIVERDALE, UT
RIVER HEIGHTS, UT
RIVERTON CITY, UT
ROCKVILLE, UT
ROCKY RIDGE, UT
ROOSEVELT CITY CORPORATION, UT
ROY, UT
RUSH VALLEY, UT
CITY OF ST. GEORGE, UT
SALEM, UT
SALINA, UT
SALT LAKE CITY CORPORATION, UT
SANDY, UT
SANTA CLARA, UT
SANTAQUIN, UT
SARATOGA SPRINGS, UT
SCIPIO, UT
SCOFIELD, UT
SIGURD, UT
SMITHFIELD, UT
SNOWVILLE, UT
CITY OF SOUTH JORDAN, UT
SOUTH OGDEN, UT
CITY OF SOUTH SALT LAKE, UT
SOUTH WEBER, UT
SPANISH FORK, UT
SPRING CITY, UT
SPRINGDALE, UT
SPRINGVILLE, UT
STERLING, UT
STOCKTON, UT
SUNNYSIDE, UT
SUNSET CITY CORP, UT
SYRACUSE, UT
TABIONA, UT
CITY OF TAYLORSVILLE, UT
TOOELE CITY CORPORATION, UT
TOQUERVILLE, UT
TORREY, UT
TREMONTON CITY, UT
TRENTON, UT
TROPIC, UT
UINTAH, UT
VERNAL CITY, UT
VERNON, UT
VINEYARD, UT VIRGIN, UT WALES, UT
714
Appendix B – OMNIA Partners Exhibits
Version June 16, 2023
WALLSBURG, UT
WASHINGTON CITY, UT
WASHINGTON TERRACE, UT
WELLINGTON, UT
WELLSVILLE, UT
WENDOVER, UT
WEST BOUNTIFUL, UT
WEST HAVEN, UT
WEST JORDAN, UT
WEST POINT, UT
WEST VALLEY CITY, UT
WILLARD, UT
WOODLAND HILLS, UT
WOODRUFF, UT
WOODS CROSS, UT
COUNTIES AND PARISHES INCLUDING BUT NOT
LIMITED TO:
ASCENSION PARISH, LA
ASCENSION PARISH, LA, CLEAR OF COURT
CADDO PARISH, LA
CALCASIEU PARISH, LA
CALCASIEU PARISH SHERIFF’S OFFICE, LA
CITY AND COUNTY OF HONOLULU, HI
CLACKAMAS COUNTY, OR
CLACKAMAS COUNTY DEPT OF
TRANSPORTATION, OR
CLATSOP COUNTY, OR
COLUMBIA COUNTY, OR
COOS COUNTY, OR
COOS COUNTY HIGHWAY DEPARTMENT, OR
COUNTY OF HAWAII, OR
CROOK COUNTY, OR
CROOK COUNTY ROAD DEPARTMENT, OR
CURRY COUNTY, OR
DESCHUTES COUNTY, OR
DOUGLAS COUNTY, OR
EAST BATON ROUGE PARISH, LA
GILLIAM COUNTY, OR
GRANT COUNTY, OR
HARNEY COUNTY, OR
HARNEY COUNTY SHERIFFS OFFICE, OR
HAWAII COUNTY, HI
HOOD RIVER COUNTY, OR
JACKSON COUNTY, OR
JEFFERSON COUNTY, OR
JEFFERSON PARISH, LA
JOSEPHINE COUNTY GOVERNMENT, OR
LAFAYETTE CONSOLIDATED GOVERNMENT, LA
LAFAYETTE PARISH, LA
LAFAYETTE PARISH CONVENTION & VISITORS
COMMISSION
LAFOURCHE PARISH, LA
KAUAI COUNTY, HI
KLAMATH COUNTY, OR
LAKE COUNTY, OR
LANE COUNTY, OR
LINCOLN COUNTY, OR
LINN COUNTY, OR
LIVINGSTON PARISH, LA
MALHEUR COUNTY, OR
MAUI COUNTY, HI
MARION COUNTY, SALEM, OR
MORROW COUNTY, OR
MULTNOMAH COUNTY, OR
MULTNOMAH COUNTY BUSINESS AND
COMMUNITY SERVICES, OR
MULTNOMAH COUNTY SHERIFFS OFFICE, OR
MULTNOMAH LAW LIBRARY, OR
ORLEANS PARISH, LA
PLAQUEMINES PARISH, LA
POLK COUNTY, OR
RAPIDES PARISH, LA
SAINT CHARLES PARISH, LA
SAINT CHARLES PARISH PUBLIC SCHOOLS, LA
SAINT LANDRY PARISH, LA
SAINT TAMMANY PARISH, LA
SHERMAN COUNTY, OR
TERREBONNE PARISH, LA
TILLAMOOK COUNTY, OR
TILLAMOOK COUNTY SHERIFF'S OFFICE, OR
TILLAMOOK COUNTY GENERAL HOSPITAL, OR
UMATILLA COUNTY, OR
UNION COUNTY, OR
WALLOWA COUNTY, OR
WASCO COUNTY, OR
WASHINGTON COUNTY, OR
WEST BATON ROUGE PARISH, LA
WHEELER COUNTY, OR
YAMHILL COUNTY, OR
COUNTY OF BOX ELDER, UT
COUNTY OF CACHE, UT
COUNTY OF RICH, UT
COUNTY OF WEBER, UT
COUNTY OF MORGAN, UT
COUNTY OF DAVIS, UT
COUNTY OF SUMMIT, UT
COUNTY OF DAGGETT, UT
COUNTY OF SALT LAKE, UT
COUNTY OF TOOELE, UT
COUNTY OF UTAH, UT
COUNTY OF WASATCH, UT
COUNTY OF DUCHESNE, UT
COUNTY OF UINTAH, UT
COUNTY OF CARBON, UT
COUNTY OF SANPETE, UT
COUNTY OF JUAB, UT
COUNTY OF MILLARD, UT
COUNTY OF SEVIER, UT
COUNTY OF EMERY, UT
COUNTY OF GRAND, UT
COUNTY OF BEVER, UT
COUNTY OF PIUTE, UT
COUNTY OF WAYNE, UT
COUNTY OF SAN JUAN, UT
COUNTY OF GARFIELD, UT
COUNTY OF KANE, UT
COUNTY OF IRON, UT
COUNTY OF WASHINGTON, UT
OTHER AGENCIES INCLUDING ASSOCIATIONS,
BOARDS, DISTRICTS, COMMISSIONS, COUNCILS,
PUBLIC CORPORATIONS, PUBLIC DEVELOPMENT
AUTHORITIES, RESERVATIONS AND UTILITIES
INCLUDING BUT NOT LIMITED TO:
715
Appendix B – OMNIA Partners Exhibits
Version June 16, 2023
ADAIR R.F.P.D., OR
ADEL WATER IMPROVEMENT DISTRICT, OR
ADRIAN R.F.P.D., OR
AGNESS COMMUNITY LIBRARY, OR
AGNESS-ILLAHE R.F.P.D., OR
AGRICULTURE EDUCATION SERVICE EXTENSION
DISTRICT, OR
ALDER CREEK-BARLOW WATER DISTRICT NO. 29,
OR
ALFALFA FIRE DISTRICT, OR
ALSEA R.F.P.D., OR
ALSEA RIVIERA WATER IMPROVEMENT DISTRICT,
OR
AMITY FIRE DISTRICT, OR
ANTELOPE MEADOWS SPECIAL ROAD DISTRICT,
OR
APPLE ROGUE DISTRICT IMPROVEMENT
COMPANY, OR
APPLEGATE VALLEY R.F.P.D. #9, OR
ARCH CAPE DOMESTIC WATER SUPPLY DISTRICT,
OR
ARCH CAPE SANITARY DISTRICT, OR
ARNOLD IRRIGATION DISTRICT, OR
ASH CREEK WATER CONTROL DISTRICT, OR
ATHENA CEMETERY MAINTENANCE DISTRICT, OR
AUMSVILLE R.F.P.D., OR
AURORA R.F.P.D., OR
AZALEA R.F.P.D., OR
BADGER IMPROVEMENT DISTRICT, OR
BAILEY-SPENCER R.F.P.D., OR
BAKER COUNTY LIBRARY DISTRICT, OR
BAKER R.F.P.D., OR
BAKER RIVERTON ROAD DISTRICT, OR
BAKER VALLEY IRRIGATION DISTRICT, OR
BAKER VALLEY S.W.C.D., OR
BAKER VALLEY VECTOR CONTROL DISTRICT, OR
BANDON CRANBERRY WATER CONTROL
DISTRICT, OR
BANDON R.F.P.D., OR
BANKS FIRE DISTRICT, OR
BANKS FIRE DISTRICT #13, OR
BAR L RANCH ROAD DISTRICT, OR
BARLOW WATER IMPROVEMENT DISTRICT, OR
BASIN AMBULANCE SERVICE DISTRICT, OR
BASIN TRANSIT SERVICE TRANSPORTATION
DISTRICT, OR
BATON ROUGE WATER COMPANY
BAY AREA HEALTH DISTRICT, OR
BAYSHORE SPECIAL ROAD DISTRICT, OR
BEAR VALLEY SPECIAL ROAD DISTRICT, OR
BEAVER CREEK WATER CONTROL DISTRICT, OR
BEAVER DRAINAGE IMPROVEMENT COMPANY,
INC., OR
BEAVER SLOUGH DRAINAGE DISTRICT, OR
BEAVER SPECIAL ROAD DISTRICT, OR
BEAVER WATER DISTRICT, OR
BELLE MER S.I.G.L. TRACTS SPECIAL ROAD
DISTRICT, OR
BEND METRO PARK AND RECREATION DISTRICT
BENTON S.W.C.D., OR
BERNDT SUBDIVISION WATER IMPROVEMENT
DISTRICT, OR
BEVERLY BEACH WATER DISTRICT, OR
BIENVILLE PARISH FIRE PROTECTION DISTRICT 6,
LA
BIG BEND IRRIGATION DISTRICT, OR
BIGGS SERVICE DISTRICT, OR
BLACK BUTTE RANCH DEPARTMENT OF POLICE
SERVICES, OR
BLACK BUTTE RANCH R.F.P.D., OR
BLACK MOUNTAIN WATER DISTRICT, OR
BLODGETT-SUMMIT R.F.P.D., OR
BLUE MOUNTAIN HOSPITAL DISTRICT, OR
BLUE MOUNTAIN TRANSLATOR DISTRICT, OR
BLUE RIVER PARK & RECREATION DISTRICT, OR
BLUE RIVER WATER DISTRICT, OR
BLY R.F.P.D., OR
BLY VECTOR CONTROL DISTRICT, OR
BLY WATER AND SANITARY DISTRICT, OR
BOARDMAN CEMETERY MAINTENANCE
DISTRICT, OR
BOARDMAN PARK AND RECREATION DISTRICT
BOARDMAN R.F.P.D., OR
BONANZA BIG SPRINGS PARK & RECREATION
DISTRICT, OR
BONANZA MEMORIAL PARK CEMETERY
DISTRICT, OR
BONANZA R.F.P.D., OR
BONANZA-LANGELL VALLEY VECTOR CONTROL
DISTRICT, OR
BORING WATER DISTRICT #24, OR
BOULDER CREEK RETREAT SPECIAL ROAD
DISTRICT, OR
BRIDGE R.F.P.D., OR
BROOKS COMMUNITY SERVICE DISTRICT, OR
BROWNSVILLE R.F.P.D., OR
BUELL-RED PRAIRIE WATER DISTRICT, OR
BUNKER HILL R.F.P.D. #1, OR
BUNKER HILL SANITARY DISTRICT, OR
BURLINGTON WATER DISTRICT, OR
BURNT RIVER IRRIGATION DISTRICT, OR
BURNT RIVER S.W.C.D., OR
CALAPOOIA R.F.P.D., OR
CAMAS VALLEY R.F.P.D., OR
CAMELLIA PARK SANITARY DISTRICT, OR
CAMMANN ROAD DISTRICT, OR
CAMP SHERMAN ROAD DISTRICT, OR
CANBY AREA TRANSIT, OR
CANBY R.F.P.D. #62, OR
CANBY UTILITY BOARD, OR
CANNON BEACH R.F.P.D., OR
CANYONVILLE SOUTH UMPQUA FIRE DISTRICT,
OR
CAPE FERRELO R.F.P.D., OR
CAPE FOULWEATHER SANITARY DISTRICT, OR
CARLSON PRIMROSE SPECIAL ROAD DISTRICT, OR
CARMEL BEACH WATER DISTRICT, OR
CASCADE VIEW ESTATES TRACT 2, OR
CEDAR CREST SPECIAL ROAD DISTRICT, OR CEDAR TRAILS SPECIAL ROAD DISTRICT, OR CEDAR 716
Appendix B – OMNIA Partners Exhibits
Version June 16, 2023
VALLEY - NORTH BANK R.F.P.D., OR CENTRAL
CASCADES FIRE AND EMS, OR CENTRAL CITY
ECONOMIC OPPORTUNITY CORP, LA
CENTRAL LINCOLN P.U.D., OR
CENTRAL OREGON COAST FIRE & RESCUE
DISTRICT, OR
CENTRAL OREGON INTERGOVERNMENTAL
COUNCIL
CENTRAL OREGON IRRIGATION DISTRICT, OR
CHAPARRAL WATER CONTROL DISTRICT, OR
CHARLESTON FIRE DISTRICT, OR
CHARLESTON SANITARY DISTRICT, OR
CHARLOTTE ANN WATER DISTRICT, OR
CHEHALEM PARK & RECREATION DISTRICT, OR
CHEHALEM PARK AND RECREATION DISTRICT
CHEMULT R.F.P.D., OR
CHENOWITH WATER P.U.D., OR
CHERRIOTS, OR
CHETCO COMMUNITY PUBLIC LIBRARY
DISTRICT, OR
CHILOQUIN VECTOR CONTROL DISTRICT, OR
CHILOQUIN-AGENCY LAKE R.F.P.D., OR
CHINOOK DRIVE SPECIAL ROAD DISTRICT, OR
CHR DISTRICT IMPROVEMENT COMPANY, OR
CHRISTMAS VALLEY DOMESTIC WATER
DISTRICT, OR
CHRISTMAS VALLEY PARK & RECREATION
DISTRICT, OR
CHRISTMAS VALLEY R.F.P.D., OR
CITY OF BOGALUSA SCHOOL BOARD, LA
CLACKAMAS COUNTY FIRE DISTRICT #1, OR
CLACKAMAS COUNTY SERVICE DISTRICT #1, OR
CLACKAMAS COUNTY VECTOR CONTROL
DISTRICT, OR
CLACKAMAS RIVER WATER
CLACKAMAS RIVER WATER, OR
CLACKAMAS S.W.C.D., OR
CLATSKANIE DRAINAGE IMPROVEMENT
COMPANY, OR
CLATSKANIE LIBRARY DISTRICT, OR
CLATSKANIE P.U.D., OR
CLATSKANIE PARK & RECREATION DISTRICT, OR
CLATSKANIE PEOPLE'S UTILITY DISTRICT
CLATSKANIE R.F.P.D., OR
CLATSOP CARE CENTER HEALTH DISTRICT, OR
CLATSOP COUNTY S.W.C.D., OR
CLATSOP DRAINAGE IMPROVEMENT COMPANY
#15, INC., OR
CLEAN WATER SERVICES
CLEAN WATER SERVICES, OR
CLOVERDALE R.F.P.D., OR
CLOVERDALE SANITARY DISTRICT, OR
CLOVERDALE WATER DISTRICT, OR
COALEDO DRAINAGE DISTRICT, OR
COBURG FIRE DISTRICT, OR
COLESTIN RURAL FIRE DISTRICT, OR
COLTON R.F.P.D., OR
COLTON WATER DISTRICT #11, OR
COLUMBIA 911 COMMUNICATIONS DISTRICT, OR
COLUMBIA COUNTY 4-H & EXTENSION SERVICE
DISTRICT, OR
COLUMBIA DRAINAGE VECTOR CONTROL, OR
COLUMBIA IMPROVEMENT DISTRICT, OR
COLUMBIA R.F.P.D., OR
COLUMBIA RIVER FIRE & RESCUE, OR
COLUMBIA RIVER PUD, OR
COLUMBIA S.W.C.D., OR
COLUMBIA S.W.C.D., OR
CONFEDERATED TRIBES OF THE UMATILLA
INDIAN RESERVATION
COOS COUNTY AIRPORT DISTRICT, OR
COOS COUNTY AIRPORT DISTRICT, OR
COOS COUNTY AREA TRANSIT SERVICE DISTRICT,
OR
COOS COUNTY AREA TRANSIT SERVICE DISTRICT,
OR
COOS FOREST PROTECTIVE ASSOCIATION
COOS S.W.C.D., OR
COQUILLE R.F.P.D., OR
COQUILLE VALLEY HOSPITAL DISTRICT, OR
CORBETT WATER DISTRICT, OR
CORNELIUS R.F.P.D., OR
CORP RANCH ROAD WATER IMPROVEMENT, OR
CORVALLIS R.F.P.D., OR
COUNTRY CLUB ESTATES SPECIAL WATER
DISTRICT, OR
COUNTRY CLUB WATER DISTRICT, OR
COUNTRY ESTATES ROAD DISTRICT, OR
COVE CEMETERY MAINTENANCE DISTRICT, OR
COVE ORCHARD SEWER SERVICE DISTRICT, OR
COVE R.F.P.D., OR
CRESCENT R.F.P.D., OR
CRESCENT SANITARY DISTRICT, OR
CRESCENT WATER SUPPLY AND IMPROVEMENT
DISTRICT, OR
CROOK COUNTY AGRICULTURE EXTENSION
SERVICE DISTRICT, OR
CROOK COUNTY CEMETERY DISTRICT, OR
CROOK COUNTY FIRE AND RESCUE, OR
CROOK COUNTY PARKS & RECREATION
DISTRICT, OR
CROOK COUNTY S.W.C.D., OR
CROOK COUNTY VECTOR CONTROL DISTRICT, OR
CROOKED RIVER RANCH R.F.P.D., OR
CROOKED RIVER RANCH SPECIAL ROAD
DISTRICT, OR
CRYSTAL SPRINGS WATER DISTRICT, OR
CURRY COUNTY 4-H & EXTENSION SERVICE
DISTRICT, OR
CURRY COUNTY PUBLIC TRANSIT SERVICE
DISTRICT, OR
CURRY COUNTY S.W.C.D., OR
CURRY HEALTH DISTRICT, OR
CURRY PUBLIC LIBRARY DISTRICT, OR
DALLAS CEMETERY DISTRICT #4, OR
DARLEY DRIVE SPECIAL ROAD DISTRICT, OR
DAVID CROCKETT STEAM FIRE COMPANY #1, LA
DAYS CREEK R.F.P.D., OR
DAYTON FIRE DISTRICT, OR
DEAN MINARD WATER DISTRICT, OR
DEE IRRIGATION DISTRICT, OR
DEER ISLAND DRAINAGE IMPROVEMENT COMPANY, OR
717
Appendix B – OMNIA Partners Exhibits
Version June 16, 2023
DELL BROGAN CEMETERY MAINTENANCE
DISTRICT, OR
DEPOE BAY R.F.P.D., OR
DESCHUTES COUNTY 911 SERVICE DISTRICT, OR
DESCHUTES COUNTY R.F.P.D. #2, OR
DESCHUTES PUBLIC LIBRARY DISTRICT, OR
DESCHUTES S.W.C.D., OR
DESCHUTES VALLEY WATER DISTRICT, OR
DEVILS LAKE WATER IMPROVEMENT DISTRICT,
OR
DEXTER R.F.P.D., OR
DEXTER SANITARY DISTRICT, OR
DORA-SITKUM R.F.P.D., OR
DOUGLAS COUNTY FIRE DISTRICT #2, OR
DOUGLAS S.W.C.D., OR
DRAKES CROSSING R.F.P.D., OR
DRRH SPECIAL ROAD DISTRICT #6, OR
DRY GULCH DITCH DISTRICT IMPROVEMENT
COMPANY, OR
DUFUR RECREATION DISTRICT, OR
DUMBECK LANE DOMESTIC WATER SUPPLY, OR
DUNDEE R.F.P.D., OR
DURKEE COMMUNITY BUILDING PRESERVATION
DISTRICT, OR
EAGLE POINT IRRIGATION DISTRICT, OR
EAGLE VALLEY CEMETERY MAINTENANCE
DISTRICT, OR
EAGLE VALLEY R.F.P.D., OR
EAGLE VALLEY S.W.C.D., OR
EAST FORK IRRIGATION DISTRICT, OR
EAST MULTNOMAH S.W.C.D., OR
EAST SALEM SERVICE DISTRICT, OR
EAST UMATILLA CHEMICAL CONTROL DISTRICT,
OR
EAST UMATILLA COUNTY AMBULANCE AREA
HEALTH DISTRICT, OR
EAST UMATILLA COUNTY R.F.P.D., OR
EAST VALLEY WATER DISTRICT, OR
ELGIN COMMUNITY PARKS & RECREATION
DISTRICT, OR
ELGIN HEALTH DISTRICT, OR
ELGIN R.F.P.D., OR
ELKTON ESTATES PHASE II SPECIAL ROAD
DISTRICT, OR
ELKTON R.F.P.D., OR
EMERALD P.U.D., OR
ENTERPRISE IRRIGATION DISTRICT, OR
ESTACADA CEMETERY MAINTENANCE DISTRICT,
OR
ESTACADA R.F.P.D. #69, OR
EUGENE R.F.P.D. # 1, OR
EUGENE WATER AND ELECTRIC BOARD
EVANS VALLEY FIRE DISTRICT #6, OR
FAIR OAKS R.F.P.D., OR
FAIRVIEW R.F.P.D., OR
FAIRVIEW WATER DISTRICT, OR
FALCON HEIGHTS WATER AND SEWER, OR
FALCON-COVE BEACH WATER DISTRICT, OR
FALL RIVER ESTATES SPECIAL ROAD DISTRICT,
OR
FARGO INTERCHANGE SERVICE DISTRICT, OR
FARMERS IRRIGATION DISTRICT, OR
FAT ELK DRAINAGE DISTRICT, OR
FERN RIDGE PUBLIC LIBRARY DISTRICT, OR
FERN VALLEY ESTATES IMPROVEMENT DISTRICT,
OR
FOR FAR ROAD DISTRICT, OR
FOREST GROVE R.F.P.D., OR
FOREST VIEW SPECIAL ROAD DISTRICT, OR
FORT ROCK-SILVER LAKE S.W.C.D., OR
FOUR RIVERS VECTOR CONTROL DISTRICT, OR
FOX CEMETERY MAINTENANCE DISTRICT, OR
GARDINER R.F.P.D., OR
GARDINER SANITARY DISTRICT, OR
GARIBALDI R.F.P.D., OR
GASTON R.F.P.D., OR
GATES R.F.P.D., OR
GEARHART R.F.P.D., OR
GILLIAM S.W.C.D., OR
GLENDALE AMBULANCE DISTRICT, OR
GLENDALE R.F.P.D., OR
GLENEDEN BEACH SPECIAL ROAD DISTRICT, OR
GLENEDEN SANITARY DISTRICT, OR
GLENWOOD WATER DISTRICT, OR
GLIDE - IDLEYLD SANITARY DISTRICT, OR
GLIDE R.F.P.D., OR
GOLD BEACH - WEDDERBURN R.F.P.D., OR
GOLD HILL IRRIGATION DISTRICT, OR
GOLDFINCH ROAD DISTRICT, OR
GOSHEN R.F.P.D., OR
GOVERNMENT CAMP ROAD DISTRICT, OR
GOVERNMENT CAMP SANITARY DISTRICT, OR
GRAND PRAIRIE WATER CONTROL DISTRICT, OR
GRAND RONDE SANITARY DISTRICT, OR
GRANT COUNTY TRANSPORTATION DISTRICT, OR
GRANT S.W.C.D., OR
GRANTS PASS IRRIGATION DISTRICT, OR
GREATER BOWEN VALLEY R.F.P.D., OR
GREATER ST. HELENS PARK & RECREATION
DISTRICT, OR
GREATER TOLEDO POOL RECREATION DISTRICT,
OR
GREEN KNOLLS SPECIAL ROAD DISTRICT, OR
GREEN SANITARY DISTRICT, OR
GREENACRES R.F.P.D., OR
GREENBERRY IRRIGATION DISTRICT, OR
GREENSPRINGS RURAL FIRE DISTRICT, OR
HAHLEN ROAD SPECIAL DISTRICT, OR
HAINES CEMETERY MAINTENANCE DISTRICT, OR
HAINES FIRE PROTECTION DISTRICT, OR
HALSEY-SHEDD R.F.P.D., OR
HAMLET R.F.P.D., OR
HARBOR R.F.P.D., OR
HARBOR SANITARY DISTRICT, OR
HARBOR WATER P.U.D., OR
HARNEY COUNTY HEALTH DISTRICT, OR
HARNEY S.W.C.D., OR
HARPER SOUTH SIDE IRRIGATION DISTRICT, OR
HARRISBURG FIRE AND RESCUE, OR
HAUSER R.F.P.D., OR
HAZELDELL RURAL FIRE DISTRICT, OR
HEBO JOINT WATER-SANITARY AUTHORITY, OR
HECETA WATER P.U.D., OR HELIX CEMETERY MAINTENANCE DISTRICT #4, OR 718
Appendix B – OMNIA Partners Exhibits
Version June 16, 2023
HELIX PARK & RECREATION DISTRICT, OR
HELIX R.F.P.D. #7-411, OR
HEPPNER CEMETERY MAINTENANCE DISTRICT,
OR
HEPPNER R.F.P.D., OR
HEPPNER WATER CONTROL DISTRICT, OR
HEREFORD COMMUNITY HALL RECREATION
DISTRICT, OR
HERMISTON CEMETERY DISTRICT, OR
HERMISTON IRRIGATION DISTRICT, OR
HIDDEN VALLEY MOBILE ESTATES
IMPROVEMENT DISTRICT, OR
HIGH DESERT PARK & RECREATION DISTRICT, OR
HIGHLAND SUBDIVISION WATER DISTRICT, OR
HONOLULU INTERNATIONAL AIRPORT
HOOD RIVER COUNTY LIBRARY DISTRICT, OR
HOOD RIVER COUNTY TRANSPORTATION
DISTRICT, OR
HOOD RIVER S.W.C.D., OR
HOOD RIVER VALLEY PARKS & RECREATION
DISTRICT, OR
HOODLAND FIRE DISTRICT #74
HOODLAND FIRE DISTRICT #74, OR
HORSEFLY IRRIGATION DISTRICT, OR
HOSKINS-KINGS VALLEY R.F.P.D., OR
HOUSING AUTHORITY OF PORTLAND
HUBBARD R.F.P.D., OR
HUDSON BAY DISTRICT IMPROVEMENT
COMPANY, OR
I N (KAY) YOUNG DITCH DISTRICT IMPROVEMENT
COMPANY, OR
ICE FOUNTAIN WATER DISTRICT, OR
IDAHO POINT SPECIAL ROAD DISTRICT, OR
IDANHA-DETROIT RURAL FIRE PROTECTION
DISTRICT, OR
ILLINOIS VALLEY FIRE DISTRICT
ILLINOIS VALLEY R.F.P.D., OR
ILLINOIS VALLEY S.W.C.D., OR
IMBLER R.F.P.D., OR
INTERLACHEN WATER P.U.D., OR
IONE LIBRARY DISTRICT, OR
IONE R.F.P.D. #6-604, OR
IRONSIDE CEMETERY MAINTENANCE DISTRICT,
OR
IRONSIDE RURAL ROAD DISTRICT #5, OR
IRRIGON PARK & RECREATION DISTRICT, OR
IRRIGON R.F.P.D., OR
ISLAND CITY AREA SANITATION DISTRICT, OR
ISLAND CITY CEMETERY MAINTENANCE
DISTRICT, OR
JACK PINE VILLAGE SPECIAL ROAD DISTRICT, OR
JACKSON COUNTY FIRE DISTRICT #3, OR
JACKSON COUNTY FIRE DISTRICT #4, OR
JACKSON COUNTY FIRE DISTRICT #5, OR
JACKSON COUNTY LIBRARY DISTRICT, OR
JACKSON COUNTY VECTOR CONTROL DISTRICT,
OR
JACKSON S.W.C.D., OR
JASPER KNOLLS WATER DISTRICT, OR
JEFFERSON COUNTY EMERGENCY MEDICAL
SERVICE DISTRICT, OR
JEFFERSON COUNTY FIRE DISTRICT #1, OR
JEFFERSON COUNTY LIBRARY DISTRICT, OR
JEFFERSON COUNTY S.W.C.D., OR
JEFFERSON PARK & RECREATION DISTRICT, OR
JEFFERSON R.F.P.D., OR
JOB'S DRAINAGE DISTRICT, OR
JOHN DAY WATER DISTRICT, OR
JOHN DAY-CANYON CITY PARKS & RECREATION
DISTRICT, OR
JOHN DAY-FERNHILL R.F.P.D. #5-108, OR
JORDAN VALLEY CEMETERY DISTRICT, OR
JORDAN VALLEY IRRIGATION DISTRICT, OR
JOSEPHINE COMMUNITY LIBRARY DISTRICT, OR
JOSEPHINE COUNTY 4-H & EXTENSION SERVICE
DISTRICT, OR
JOSEPHINE COUNTY 911 AGENCY, OR
JUNCTION CITY R.F.P.D., OR
JUNCTION CITY WATER CONTROL DISTRICT, OR
JUNIPER BUTTE ROAD DISTRICT, OR
JUNIPER CANYON WATER CONTROL DISTRICT, OR
JUNIPER FLAT DISTRICT IMPROVEMENT
COMPANY, OR
JUNIPER FLAT R.F.P.D., OR
JUNO NONPROFIT WATER IMPROVEMENT
DISTRICT, OR
KEATING R.F.P.D., OR
KEATING S.W.C.D., OR
KEIZER R.F.P.D., OR
KELLOGG RURAL FIRE DISTRICT, OR
KENO IRRIGATION DISTRICT, OR
KENO PINES ROAD DISTRICT, OR
KENO R.F.P.D., OR
KENT WATER DISTRICT, OR
KERBY WATER DISTRICT, OR
K-GB-LB WATER DISTRICT, OR
KILCHIS WATER DISTRICT, OR
KLAMATH 9-1-1 COMMUNICATIONS DISTRICT, OR
KLAMATH BASIN IMPROVEMENT DISTRICT, OR
KLAMATH COUNTY DRAINAGE SERVICE
DISTRICT, OR
KLAMATH COUNTY EXTENSION SERVICE
DISTRICT, OR
KLAMATH COUNTY FIRE DISTRICT #1, OR
KLAMATH COUNTY FIRE DISTRICT #3, OR
KLAMATH COUNTY FIRE DISTRICT #4, OR
KLAMATH COUNTY FIRE DISTRICT #5, OR
KLAMATH COUNTY LIBRARY SERVICE DISTRICT,
OR
KLAMATH COUNTY PREDATORY ANIMAL
CONTROL DISTRICT, OR
KLAMATH DRAINAGE DISTRICT, OR
KLAMATH FALLS FOREST ESTATES SPECIAL
ROAD DISTRICT UNIT #2, OR
KLAMATH INTEROPERABILITY RADIO GROUP, OR
KLAMATH IRRIGATION DISTRICT, OR
KLAMATH RIVER ACRES SPECIAL ROAD
DISTRICT, OR
KLAMATH S.W.C.D., OR
KLAMATH VECTOR CONTROL DISTRICT, OR
KNAPPA-SVENSEN-BURNSIDE R.F.P.D., OR
LA GRANDE CEMETERY MAINTENANCE DISTRICT, OR
719
Appendix B – OMNIA Partners Exhibits
Version June 16, 2023
LA GRANDE R.F.P.D., OR
LA PINE PARK & RECREATION DISTRICT, OR
LA PINE R.F.P.D., OR
LABISH VILLAGE SEWAGE & DRAINAGE, OR
LACOMB IRRIGATION DISTRICT, OR
LAFAYETTE AIRPORT COMMISSION, LA
LAFOURCHE PARISH HEALTH UNIT – DHH-OPH
REGION 3
LAIDLAW WATER DISTRICT, OR
LAKE CHINOOK FIRE & RESCUE, OR
LAKE COUNTY 4-H & EXTENSION SERVICE
DISTRICT, OR
LAKE COUNTY LIBRARY DISTRICT, OR
LAKE CREEK R.F.P.D. - JACKSON, OR
LAKE CREEK R.F.P.D. - LANE COUNTY, OR
LAKE DISTRICT HOSPITAL, OR
LAKE GROVE R.F.P.D. NO. 57, OR
LAKE GROVE WATER DISTRICT, OR
LAKE LABISH WATER CONTROL DISTRICT, OR
LAKE POINT SPECIAL ROAD DISTRICT, OR
LAKESIDE R.F.P.D. #4, OR
LAKESIDE WATER DISTRICT, OR
LAKEVIEW R.F.P.D., OR
LAKEVIEW S.W.C.D., OR
LAMONTAI IMPROVEMENT DISTRICT, OR
LANE FIRE AUTHORITY, OR
LANE LIBRARY DISTRICT, OR
LANE TRANSIT DISTRICT, OR
LANGELL VALLEY IRRIGATION DISTRICT, OR
LANGLOIS PUBLIC LIBRARY, OR
LANGLOIS R.F.P.D., OR
LANGLOIS WATER DISTRICT, OR
LAZY RIVER SPECIAL ROAD DISTRICT, OR
LEBANON AQUATIC DISTRICT, OR
LEBANON R.F.P.D., OR
LEWIS & CLARK R.F.P.D., OR
LINCOLN COUNTY LIBRARY DISTRICT, OR
LINCOLN S.W.C.D., OR
LINN COUNTY EMERGENCY TELEPHONE AGENCY,
OR
LINN S.W.C.D., OR
LITTLE MUDDY CREEK WATER CONTROL, OR
LITTLE NESTUCCA DRAINAGE DISTRICT, OR
LITTLE SWITZERLAND SPECIAL ROAD DISTRICT,
OR
LONE PINE IRRIGATION DISTRICT, OR
LONG PRAIRIE WATER DISTRICT, OR
LOOKINGGLASS OLALLA WATER CONTROL
DISTRICT, OR
LOOKINGGLASS RURAL FIRE DISTRICT, OR
LORANE R.F.P.D., OR
LOST & BOULDER DITCH IMPROVEMENT
DISTRICT, OR
LOST CREEK PARK SPECIAL ROAD DISTRICT, OR
LOUISIANA PUBLIC SERVICE COMMISSION, LA
LOUISIANA WATER WORKS
LOWELL R.F.P.D., OR
LOWER MCKAY CREEK R.F.P.D., OR
LOWER MCKAY CREEK WATER CONTROL
DISTRICT, OR
LOWER POWDER RIVER IRRIGATION DISTRICT, OR
LOWER SILETZ WATER DISTRICT, OR
LOWER UMPQUA HOSPITAL DISTRICT, OR
LOWER UMPQUA PARK & RECREATION DISTRICT,
OR
LOWER VALLEY WATER IMPROVEMENT
DISTRICT, OR
LUCE LONG DITCH DISTRICT IMPROVEMENT CO.,
OR
LUSTED WATER DISTRICT, OR
LYONS R.F.P.D., OR
LYONS-MEHAMA WATER DISTRICT, OR
MADRAS AQUATIC CENTER DISTRICT, OR
MAKAI SPECIAL ROAD DISTRICT, OR
MALHEUR COUNTY S.W.C.D., OR
MALHEUR COUNTY VECTOR CONTROL DISTRICT,
OR
MALHEUR DISTRICT IMPROVEMENT COMPANY,
OR
MALHEUR DRAINAGE DISTRICT, OR
MALHEUR MEMORIAL HEALTH DISTRICT, OR
MALIN COMMUNITY CEMETERY MAINTENANCE
DISTRICT, OR
MALIN COMMUNITY PARK & RECREATION
DISTRICT, OR
MALIN IRRIGATION DISTRICT, OR
MALIN R.F.P.D., OR
MAPLETON FIRE DEPARTMENT, OR
MAPLETON WATER DISTRICT, OR
MARCOLA WATER DISTRICT, OR
MARION COUNTY EXTENSION & 4H SERVICE
DISTRICT, OR
MARION COUNTY FIRE DISTRICT #1, OR
MARION JACK IMPROVEMENT DISTRICT, OR
MARION S.W.C.D., OR
MARY'S RIVER ESTATES ROAD DISTRICT, OR
MCDONALD FOREST ESTATES SPECIAL ROAD
DISTRICT, OR
MCKAY ACRES IMPROVEMENT DISTRICT, OR
MCKAY DAM R.F.P.D. # 7-410, OR
MCKENZIE FIRE & RESCUE, OR
MCKENZIE PALISADES WATER SUPPLY
CORPORATION, OR
MCMINNVILLE R.F.P.D., OR
MCNULTY WATER P.U.D., OR
MEADOWS DRAINAGE DISTRICT, OR
MEDFORD IRRIGATION DISTRICT, OR
MEDFORD R.F.P.D. #2, OR
MEDFORD WATER COMMISSION
MEDICAL SPRINGS R.F.P.D., OR
MELHEUR COUNTY JAIL, OR
MERLIN COMMUNITY PARK DISTRICT, OR
MERRILL CEMETERY MAINTENANCE DISTRICT,
OR
MERRILL PARK DISTRICT, OR
MERRILL R.F.P.D., OR
METRO REGIONAL GOVERNMENT
METRO REGIONAL PARKS
METROPOLITAN EXPOSITION RECREATION
COMMISSION
METROPOLITAN SERVICE DISTRICT (METRO)
MID COUNTY CEMETERY MAINTENANCE DISTRICT, OR
MID-COLUMBIA FIRE AND RESCUE, OR MIDDLE
720
Appendix B – OMNIA Partners Exhibits
Version June 16, 2023
FORK IRRIGATION DISTRICT, OR
MIDLAND COMMUNITY PARK, OR
MIDLAND DRAINAGE IMPROVEMENT DISTRICT,
OR
MILES CROSSING SANITARY SEWER DISTRICT, OR
MILL CITY R.F.P.D. #2-303, OR
MILL FOUR DRAINAGE DISTRICT, OR
MILLICOMA RIVER PARK & RECREATION
DISTRICT, OR
MILLINGTON R.F.P.D. #5, OR
MILO VOLUNTEER FIRE DEPARTMENT, OR
MILTON-FREEWATER AMBULANCE SERVICE
AREA HEALTH DISTRICT, OR
MILTON-FREEWATER WATER CONTROL DISTRICT,
OR
MIROCO SPECIAL ROAD DISTRICT, OR
MIST-BIRKENFELD R.F.P.D., OR
MODOC POINT IRRIGATION DISTRICT, OR
MODOC POINT SANITARY DISTRICT, OR
MOHAWK VALLEY R.F.P.D., OR
MOLALLA AQUATIC DISTRICT, OR
MOLALLA R.F.P.D. #73, OR
MONITOR R.F.P.D., OR
MONROE R.F.P.D., OR
MONUMENT CEMETERY MAINTENANCE
DISTRICT, OR
MONUMENT S.W.C.D., OR
MOOREA DRIVE SPECIAL ROAD DISTRICT, OR
MORO R.F.P.D., OR
MORROW COUNTY HEALTH DISTRICT, OR
MORROW COUNTY UNIFIED RECREATION
DISTRICT, OR
MORROW S.W.C.D., OR
MOSIER FIRE DISTRICT, OR
MOUNTAIN DRIVE SPECIAL ROAD DISTRICT, OR
MT. ANGEL R.F.P.D., OR
MT. HOOD IRRIGATION DISTRICT, OR
MT. LAKI CEMETERY DISTRICT, OR
MT. VERNON R.F.P.D., OR
MULINO WATER DISTRICT #1, OR
MULTNOMAH COUNTY DRAINAGE DISTRICT #1,
OR
MULTNOMAH COUNTY R.F.P.D. #10, OR
MULTNOMAH COUNTY R.F.P.D. #14, OR
MULTNOMAH EDUCATION SERVICE DISTRICT
MYRTLE CREEK R.F.P.D., OR
NEAH-KAH-NIE WATER DISTRICT, OR
NEDONNA R.F.P.D., OR
NEHALEM BAY FIRE AND RESCUE, OR
NEHALEM BAY HEALTH DISTRICT, OR
NEHALEM BAY WASTEWATER AGENCY, OR
NESIKA BEACH-OPHIR WATER DISTRICT, OR
NESKOWIN REGIONAL SANITARY AUTHORITY, OR
NESKOWIN REGIONAL WATER DISTRICT, OR
NESTUCCA R.F.P.D., OR
NETARTS WATER DISTRICT, OR
NETARTS-OCEANSIDE R.F.P.D., OR
NETARTS-OCEANSIDE SANITARY DISTRICT, OR
NEW BRIDGE WATER SUPPLY DISTRICT, OR
NEW CARLTON FIRE DISTRICT, OR
NEW ORLEANS REDEVELOPMENT AUTHORITY, LA
NEW PINE CREEK R.F.P.D., OR
NEWBERG R.F.P.D., OR
NEWBERRY ESTATES SPECIAL ROAD DISTRICT,
OR
NEWPORT R.F.P.D., OR
NEWT YOUNG DITCH DISTRICT IMPROVEMENT
COMPANY, OR
NORTH ALBANY R.F.P.D., OR
NORTH BAY R.F.P.D. #9, OR
NORTH CLACKAMAS PARKS & RECREATION
DISTRICT, OR
NORTH COUNTY RECREATION DISTRICT, OR
NORTH DOUGLAS COUNTY FIRE & EMS, OR
NORTH DOUGLAS PARK & RECREATION
DISTRICT, OR
NORTH GILLIAM COUNTY HEALTH DISTRICT, OR
NORTH GILLIAM COUNTY R.F.P.D., OR
NORTH LAKE HEALTH DISTRICT, OR
NORTH LEBANON WATER CONTROL DISTRICT, OR
NORTH LINCOLN FIRE & RESCUE DISTRICT #1, OR
NORTH LINCOLN HEALTH DISTRICT, OR
NORTH MORROW VECTOR CONTROL DISTRICT,
OR
NORTH SHERMAN COUNTY R.F.P.D, OR
NORTH UNIT IRRIGATION DISTRICT, OR
NORTHEAST OREGON HOUSING AUTHORITY, OR
NORTHEAST WHEELER COUNTY HEALTH
DISTRICT, OR
NORTHERN WASCO COUNTY P.U.D., OR
NORTHERN WASCO COUNTY PARK &
RECREATION DISTRICT, OR
NYE DITCH USERS DISTRICT IMPROVEMENT, OR
NYSSA ROAD ASSESSMENT DISTRICT #2, OR
NYSSA RURAL FIRE DISTRICT, OR
NYSSA-ARCADIA DRAINAGE DISTRICT, OR
OAK LODGE WATER SERVICES, OR
OAKLAND R.F.P.D., OR
OAKVILLE COMMUNITY CENTER, OR
OCEANSIDE WATER DISTRICT, OR
OCHOCO IRRIGATION DISTRICT, OR
OCHOCO WEST WATER AND SANITARY
AUTHORITY, OR
ODELL SANITARY DISTRICT, OR
OLD OWYHEE DITCH IMPROVEMENT DISTRICT,
OR
OLNEY-WALLUSKI FIRE & RESCUE DISTRICT, OR
ONTARIO LIBRARY DISTRICT, OR
ONTARIO R.F.P.D., OR
OPHIR R.F.P.D., OR
OREGON COAST COMMUNITY ACTION
OREGON HOUSING AND COMMUNITY SERVICES
OREGON INTERNATIONAL PORT OF COOS BAY,
OR
OREGON LEGISLATIVE ADMINISTRATION
OREGON OUTBACK R.F.P.D., OR
OREGON POINT, OR
OREGON TRAIL LIBRARY DISTRICT, OR
OTTER ROCK WATER DISTRICT, OR
OWW UNIT #2 SANITARY DISTRICT, OR
OWYHEE CEMETERY MAINTENANCE DISTRICT,
OR
OWYHEE IRRIGATION DISTRICT, OR PACIFIC
CITY JOINT WATER-SANITARY AUTHORITY, OR
721
Appendix B – OMNIA Partners Exhibits
Version June 16, 2023
PACIFIC COMMUNITIES HEALTH DISTRICT, OR
PACIFIC RIVIERA #3 SPECIAL ROAD DISTRICT, OR
PALATINE HILL WATER DISTRICT, OR
PALMER CREEK WATER DISTRICT IMPROVEMENT
COMPANY, OR
PANORAMIC ACCESS SPECIAL ROAD DISTRICT,
OR
PANTHER CREEK ROAD DISTRICT, OR
PANTHER CREEK WATER DISTRICT, OR
PARKDALE R.F.P.D., OR
PARKDALE SANITARY DISTRICT, OR
PENINSULA DRAINAGE DISTRICT #1, OR
PENINSULA DRAINAGE DISTRICT #2, OR
PHILOMATH FIRE AND RESCUE, OR
PILOT ROCK CEMETERY MAINTENANCE DISTRICT
#5, OR
PILOT ROCK PARK & RECREATION DISTRICT, OR
PILOT ROCK R.F.P.D., OR
PINE EAGLE HEALTH DISTRICT, OR
PINE FLAT DISTRICT IMPROVEMENT COMPANY,
OR
PINE GROVE IRRIGATION DISTRICT, OR
PINE GROVE WATER DISTRICT-KLAMATH FALLS,
OR
PINE GROVE WATER DISTRICT-MAUPIN, OR
PINE VALLEY CEMETERY DISTRICT, OR
PINE VALLEY R.F.P.D., OR
PINEWOOD COUNTRY ESTATES SPECIAL ROAD
DISTRICT, OR
PIONEER DISTRICT IMPROVEMENT COMPANY, OR
PISTOL RIVER CEMETERY MAINTENANCE
DISTRICT, OR
PISTOL RIVER FIRE DISTRICT, OR
PLEASANT HILL R.F.P.D., OR
PLEASANT HOME WATER DISTRICT, OR
POCAHONTAS MINING AND IRRIGATION
DISTRICT, OR
POE VALLEY IMPROVEMENT DISTRICT, OR
POE VALLEY PARK & RECREATION DISTRICT, OR
POE VALLEY VECTOR CONTROL DISTRICT, OR
POLK COUNTY FIRE DISTRICT #1, OR
POLK S.W.C.D., OR
POMPADOUR WATER IMPROVEMENT DISTRICT,
OR
PONDEROSA PINES EAST SPECIAL ROAD
DISTRICT, OR
PORT OF ALSEA, OR
PORT OF ARLINGTON, OR
PORT OF ASTORIA, OR
PORT OF BANDON, OR
PORT OF BRANDON, OR
PORT OF BROOKINGS HARBOR, OR
PORT OF CASCADE LOCKS, OR
PORT OF COQUILLE RIVER, OR
PORT OF GARIBALDI, OR
PORT OF GOLD BEACH, OR
PORT OF HOOD RIVER, OR
PORT OF MORGAN CITY, LA
PORT OF MORROW, OR
PORT OF NEHALEM, OR
PORT OF NEWPORT, OR
PORT OF PORT ORFORD, OR
PORT OF PORTLAND, OR
PORT OF SIUSLAW, OR
PORT OF ST. HELENS, OR
PORT OF THE DALLES, OR
PORT OF TILLAMOOK BAY, OR
PORT OF TOLEDO, OR
PORT OF UMATILLA, OR
PORT OF UMPQUA, OR
PORT ORFORD CEMETERY MAINTENANCE
DISTRICT, OR
PORT ORFORD PUBLIC LIBRARY DISTRICT, OR
PORT ORFORD R.F.P.D., OR
PORTLAND DEVELOPMENT COMMISSION, OR
PORTLAND FIRE AND RESCUE
PORTLAND HOUSING CENTER, OR
POWDER R.F.P.D., OR
POWDER RIVER R.F.P.D., OR
POWDER VALLEY WATER CONTROL DISTRICT, OR
POWERS HEALTH DISTRICT, OR
PRAIRIE CEMETERY MAINTENANCE DISTRICT, OR
PRINEVILLE LAKE ACRES SPECIAL ROAD
DISTRICT #1, OR
PROSPECT R.F.P.D., OR
QUAIL VALLEY PARK IMPROVEMENT DISTRICT,
OR
QUEENER IRRIGATION IMPROVEMENT DISTRICT,
OR
RAINBOW WATER DISTRICT, OR
RAINIER CEMETERY DISTRICT, OR
RAINIER DRAINAGE IMPROVEMENT COMPANY,
OR
RALEIGH WATER DISTRICT, OR
REDMOND AREA PARK & RECREATION DISTRICT,
OR
REDMOND FIRE AND RESCUE, OR
RIDDLE FIRE PROTECTION DISTRICT, OR
RIDGEWOOD DISTRICT IMPROVEMENT COMPANY,
OR
RIDGEWOOD ROAD DISTRICT, OR
RIETH SANITARY DISTRICT, OR
RIETH WATER DISTRICT, OR
RIMROCK WEST IMPROVEMENT DISTRICT, OR
RINK CREEK WATER DISTRICT, OR
RIVER BEND ESTATES SPECIAL ROAD DISTRICT,
OR
RIVER FOREST ACRES SPECIAL ROAD DISTRICT,
OR
RIVER MEADOWS IMPROVEMENT DISTRICT, OR
RIVER PINES ESTATES SPECIAL ROAD DISTRICT,
OR
RIVER ROAD PARK & RECREATION DISTRICT, OR
RIVER ROAD WATER DISTRICT, OR
RIVERBEND RIVERBANK WATER IMPROVEMENT
DISTRICT, OR
RIVERDALE R.F.P.D. 11-JT, OR
RIVERGROVE WATER DISTRICT, OR
RIVERSIDE MISSION WATER CONTROL DISTRICT,
OR
RIVERSIDE R.F.P.D. #7-406, OR RIVERSIDE WATER
DISTRICT, OR ROBERTS CREEK WATER DISTRICT,
722
Appendix B – OMNIA Partners Exhibits
Version June 16, 2023
OR
ROCK CREEK DISTRICT IMPROVEMENT, OR
ROCK CREEK WATER DISTRICT, OR
ROCKWOOD WATER P.U.D., OR
ROCKY POINT FIRE & EMS, OR
ROGUE RIVER R.F.P.D., OR
ROGUE RIVER VALLEY IRRIGATION DISTRICT, OR
ROGUE VALLEY SEWER SERVICES, OR
ROGUE VALLEY SEWER, OR
ROGUE VALLEY TRANSPORTATION DISTRICT, OR
ROSEBURG URBAN SANITARY AUTHORITY, OR
ROSEWOOD ESTATES ROAD DISTRICT, OR
ROW RIVER VALLEY WATER DISTRICT, OR
RURAL ROAD ASSESSMENT DISTRICT #3, OR
RURAL ROAD ASSESSMENT DISTRICT #4, OR
SAINT LANDRY PARISH TOURIST COMMISSION
SAINT MARY PARISH REC DISTRICT 2
SAINT MARY PARISH REC DISTRICT 3
SAINT TAMMANY FIRE DISTRICT 4, LA
SALEM AREA MASS TRANSIT DISTRICT, OR
SALEM MASS TRANSIT DISTRICT
SALEM SUBURBAN R.F.P.D., OR
SALISHAN SANITARY DISTRICT, OR
SALMON RIVER PARK SPECIAL ROAD DISTRICT,
OR
SALMON RIVER PARK WATER IMPROVEMENT
DISTRICT, OR
SALMONBERRY TRAIL INTERGOVERNMENTAL
AGENCY, OR
SANDPIPER VILLAGE SPECIAL ROAD DISTRICT,
OR
SANDY DRAINAGE IMPROVEMENT COMPANY, OR
SANDY R.F.P.D. #72, OR
SANTA CLARA R.F.P.D., OR
SANTA CLARA WATER DISTRICT, OR
SANTIAM WATER CONTROL DISTRICT, OR
SAUVIE ISLAND DRAINAGE IMPROVEMENT
COMPANY, OR
SAUVIE ISLAND VOLUNTEER FIRE DISTRICT #30J,
OR
SCAPPOOSE DRAINAGE IMPROVEMENT
COMPANY, OR
SCAPPOOSE PUBLIC LIBRARY DISTRICT, OR
SCAPPOOSE R.F.P.D., OR
SCIO R.F.P.D., OR
SCOTTSBURG R.F.P.D., OR
SEAL ROCK R.F.P.D., OR
SEAL ROCK WATER DISTRICT, OR
SEWERAGE AND WATER BOARD OF NEW
ORLEANS, LA
SHANGRI-LA WATER DISTRICT, OR
SHASTA VIEW IRRIGATION DISTRICT, OR
SHELLEY ROAD CREST ACRES WATER DISTRICT,
OR
SHERIDAN FIRE DISTRICT, OR
SHERMAN COUNTY HEALTH DISTRICT, OR
SHERMAN COUNTY S.W.C.D., OR
SHORELINE SANITARY DISTRICT, OR
SILETZ KEYS SANITARY DISTRICT, OR
SILETZ R.F.P.D., OR
SILVER FALLS LIBRARY DISTRICT, OR
SILVER LAKE IRRIGATION DISTRICT, OR
SILVER LAKE R.F.P.D., OR
SILVER SANDS SPECIAL ROAD DISTRICT, OR
SILVERTON R.F.P.D. NO. 2, OR
SISTERS PARKS & RECREATION DISTRICT, OR
SISTERS-CAMP SHERMAN R.F.P.D., OR
SIUSLAW PUBLIC LIBRARY DISTRICT, OR
SIUSLAW S.W.C.D., OR
SIUSLAW VALLEY FIRE AND RESCUE, OR
SIXES R.F.P.D., OR
SKIPANON WATER CONTROL DISTRICT, OR
SKYLINE VIEW DISTRICT IMPROVEMENT
COMPANY, OR
SLEEPY HOLLOW WATER DISTRICT, OR
SMITH DITCH DISTRICT IMPROVEMENT
COMPANY, OR
SOUTH CLACKAMAS TRANSPORTATION
DISTRICT, OR
SOUTH COUNTY HEALTH DISTRICT, OR
SOUTH FORK WATER BOARD, OR
SOUTH GILLIAM COUNTY CEMETERY DISTRICT,
OR
SOUTH GILLIAM COUNTY HEALTH DISTRICT, OR
SOUTH GILLIAM COUNTY R.F.P.D. VI-301, OR
SOUTH LAFOURCHE LEVEE DISTRICT, LA
SOUTH LANE COUNTY FIRE & RESCUE, OR
SOUTH SANTIAM RIVER WATER CONTROL
DISTRICT, OR
SOUTH SHERMAN FIRE DISTRICT, OR
SOUTH SUBURBAN SANITARY DISTRICT, OR
SOUTH WASCO PARK & RECREATION DISTRICT,
OR
SOUTHERN COOS HEALTH DISTRICT, OR
SOUTHERN CURRY CEMETERY MAINTENANCE
DISTRICT, OR
SOUTHVIEW IMPROVEMENT DISTRICT, OR
SOUTHWEST LINCOLN COUNTY WATER DISTRICT,
OR
SOUTHWESTERN POLK COUNTY R.F.P.D., OR
SOUTHWOOD PARK WATER DISTRICT, OR
SPECIAL ROAD DISTRICT #1, OR
SPECIAL ROAD DISTRICT #8, OR
SPRING RIVER SPECIAL ROAD DISTRICT, OR
SPRINGFIELD UTILITY BOARD, OR
ST. PAUL R.F.P.D., OR
STANFIELD CEMETERY DISTRICT #6, OR
STANFIELD IRRIGATION DISTRICT, OR
STARR CREEK ROAD DISTRICT, OR
STARWOOD SANITARY DISTRICT, OR
STAYTON FIRE DISTRICT, OR
SUBLIMITY FIRE DISTRICT, OR
SUBURBAN EAST SALEM WATER DISTRICT, OR
SUBURBAN LIGHTING DISTRICT, OR
SUCCOR CREEK DISTRICT IMPROVEMENT
COMPANY, OR
SUMMER LAKE IRRIGATION DISTRICT, OR
SUMMERVILLE CEMETERY MAINTENANCE
DISTRICT, OR
SUMNER R.F.P.D., OR
SUN MOUNTAIN SPECIAL ROAD DISTRICT, OR SUNDOWN SANITATION DISTRICT, OR SUNFOREST 723
Appendix B – OMNIA Partners Exhibits
Version June 16, 2023
ESTATES SPECIAL ROAD DISTRICT, OR
SUNNYSIDE IRRIGATION DISTRICT, OR
SUNRISE WATER AUTHORITY, OR
SUNRIVER SERVICE DISTRICT, OR
SUNSET EMPIRE PARK & RECREATION DISTRICT,
OR
SUNSET EMPIRE TRANSPORTATION DISTRICT, OR
SURFLAND ROAD DISTRICT, OR
SUTHERLIN VALLEY RECREATION DISTRICT, OR
SUTHERLIN WATER CONTROL DISTRICT, OR
SWALLEY IRRIGATION DISTRICT, OR
SWEET HOME CEMETERY MAINTENANCE
DISTRICT, OR
SWEET HOME FIRE & AMBULANCE DISTRICT, OR
SWISSHOME-DEADWOOD R.F.P.D., OR
TABLE ROCK DISTRICT IMPROVEMENT
COMPANY, OR
TALENT IRRIGATION DISTRICT, OR
TANGENT R.F.P.D., OR
TENMILE R.F.P.D., OR
TERREBONNE DOMESTIC WATER DISTRICT, OR
THE DALLES IRRIGATION DISTRICT, OR
THOMAS CREEK-WESTSIDE R.F.P.D., OR
THREE RIVERS RANCH ROAD DISTRICT, OR
THREE SISTERS IRRIGATION DISTRICT, OR
TIGARD TUALATIN AQUATIC DISTRICT, OR
TIGARD WATER DISTRICT, OR
TILLAMOOK BAY FLOOD IMPROVEMENT
DISTRICT, OR
TILLAMOOK COUNTY EMERGENCY
COMMUNICATIONS DISTRICT, OR
TILLAMOOK COUNTY S.W.C.D., OR
TILLAMOOK COUNTY TRANSPORTATION
DISTRICT, OR
TILLAMOOK FIRE DISTRICT, OR
TILLAMOOK P.U.D., OR
TILLER R.F.P.D., OR
TOBIN DITCH DISTRICT IMPROVEMENT
COMPANY, OR
TOLEDO R.F.P.D., OR
TONE WATER DISTRICT, OR
TOOLEY WATER DISTRICT, OR
TRASK DRAINAGE DISTRICT, OR
TRI CITY R.F.P.D. #4, OR
TRI-CITY WATER & SANITARY AUTHORITY, OR
TRI-COUNTY METROPOLITAN TRANSPORTATION
DISTRICT OF OREGON
TRIMET, OR
TUALATIN HILLS PARK & RECREATION DISTRICT
TUALATIN HILLS PARK & RECREATION DISTRICT,
OR
TUALATIN S.W.C.D., OR
TUALATIN VALLEY FIRE & RESCUE
TUALATIN VALLEY FIRE & RESCUE, OR
TUALATIN VALLEY IRRIGATION DISTRICT, OR
TUALATIN VALLEY WATER DISTRICT
TUALATIN VALLEY WATER DISTRICT, OR
TUMALO IRRIGATION DISTRICT, OR
TURNER FIRE DISTRICT, OR
TWIN ROCKS SANITARY DISTRICT, OR
TWO RIVERS NORTH SPECIAL ROAD DISTRICT, OR
TWO RIVERS S.W.C.D., OR
TWO RIVERS SPECIAL ROAD DISTRICT, OR
TYGH VALLEY R.F.P.D., OR
TYGH VALLEY WATER DISTRICT, OR
UMATILLA COUNTY FIRE DISTRICT #1, OR
UMATILLA COUNTY S.W.C.D., OR
UMATILLA COUNTY SPECIAL LIBRARY DISTRICT,
OR
UMATILLA HOSPITAL DISTRICT, OR
UMATILLA R.F.P.D. #7-405, OR
UMATILLA-MORROW RADIO AND DATA
DISTRICT, OR
UMPQUA S.W.C.D., OR
UNION CEMETERY MAINTENANCE DISTRICT, OR
UNION COUNTY SOLID WASTE DISPOSAL
DISTRICT, OR
UNION COUNTY VECTOR CONTROL DISTRICT, OR
UNION GAP SANITARY DISTRICT, OR
UNION GAP WATER DISTRICT, OR
UNION HEALTH DISTRICT, OR
UNION R.F.P.D., OR
UNION S.W.C.D., OR
UNITY COMMUNITY PARK & RECREATION
DISTRICT, OR
UPPER CLEVELAND RAPIDS ROAD DISTRICT, OR
UPPER MCKENZIE R.F.P.D., OR
UPPER WILLAMETTE S.W.C.D., OR
VALE OREGON IRRIGATION DISTRICT, OR
VALE RURAL FIRE PROTECTION DISTRICT, OR
VALLEY ACRES SPECIAL ROAD DISTRICT, OR
VALLEY VIEW CEMETERY MAINTENANCE
DISTRICT, OR
VALLEY VIEW WATER DISTRICT, OR
VANDEVERT ACRES SPECIAL ROAD DISTRICT, OR
VERNONIA R.F.P.D., OR
VINEYARD MOUNTAIN PARK & RECREATION
DISTRICT, OR
VINEYARD MOUNTAIN SPECIAL ROAD DISTRICT,
OR
WALLA WALLA RIVER IRRIGATION DISTRICT, OR
WALLOWA COUNTY HEALTH CARE DISTRICT, OR
WALLOWA LAKE COUNTY SERVICE DISTRICT, OR
WALLOWA LAKE IRRIGATION DISTRICT, OR
WALLOWA LAKE R.F.P.D., OR
WALLOWA S.W.C.D., OR
WALLOWA VALLEY IMPROVEMENT DISTRICT #1,
OR
WAMIC R.F.P.D., OR
WAMIC WATER & SANITARY AUTHORITY, OR
WARMSPRINGS IRRIGATION DISTRICT, OR
WASCO COUNTY S.W.C.D., OR
WATER ENVIRONMENT SERVICES, OR
WATER WONDERLAND IMPROVEMENT DISTRICT,
OR
WATERBURY & ALLEN DITCH IMPROVEMENT
DISTRICT, OR
WATSECO-BARVIEW WATER DISTRICT, OR
WAUNA WATER DISTRICT, OR
WEDDERBURN SANITARY DISTRICT, OR
WEST EAGLE VALLEY WATER CONTROL
DISTRICT, OR
WEST EXTENSION IRRIGATION DISTRICT, OR WEST LABISH
DRAINAGE & WATER CONTROL IMPROVEMENT DISTRICT,
724
Appendix B – OMNIA Partners Exhibits
Version June 16, 2023
OR
WEST MULTNOMAH S.W.C.D., OR
WEST SIDE R.F.P.D., OR
WEST SLOPE WATER DISTRICT, OR
WEST UMATILLA MOSQUITO CONTROL DISTRICT,
OR
WEST VALLEY FIRE DISTRICT, OR
WESTERN HEIGHTS SPECIAL ROAD DISTRICT, OR
WESTERN LANE AMBULANCE DISTRICT, OR
WESTLAND IRRIGATION DISTRICT, OR
WESTON ATHENA MEMORIAL HALL PARK &
RECREATION DISTRICT, OR
WESTON CEMETERY DISTRICT #2, OR
WESTPORT FIRE AND RESCUE, OR
WESTRIDGE WATER SUPPLY CORPORATION, OR
WESTWOOD HILLS ROAD DISTRICT, OR
WESTWOOD VILLAGE ROAD DISTRICT, OR
WHEELER S.W.C.D., OR
WHITE RIVER HEALTH DISTRICT, OR
WIARD MEMORIAL PARK DISTRICT, OR
WICKIUP WATER DISTRICT, OR
WILLAKENZIE R.F.P.D., OR
WILLAMALANE PARK & RECREATION DISTRICT,
OR
WILLAMALANE PARK AND RECREATION
DISTRICT
WILLAMETTE HUMANE SOCIETY
WILLAMETTE RIVER WATER COALITION, OR
WILLIAMS R.F.P.D., OR
WILLOW CREEK PARK DISTRICT, OR
WILLOW DALE WATER DISTRICT, OR
WILSON RIVER WATER DISTRICT, OR
WINCHESTER BAY R.F.P.D., OR
WINCHESTER BAY SANITARY DISTRICT, OR
WINCHUCK R.F.P.D., OR
WINSTON-DILLARD R.F.P.D., OR
WINSTON-DILLARD WATER DISTRICT, OR
WOLF CREEK R.F.P.D., OR
WOOD RIVER DISTRICT IMPROVEMENT
COMPANY, OR
WOODBURN R.F.P.D. NO. 6, OR
WOODLAND PARK SPECIAL ROAD DISTRICT, OR
WOODS ROAD DISTRICT, OR
WRIGHT CREEK ROAD WATER IMPROVEMENT
DISTRICT, OR
WY'EAST FIRE DISTRICT, OR
YACHATS R.F.P.D., OR
YAMHILL COUNTY TRANSIT AREA, OR
YAMHILL FIRE PROTECTION DISTRICT, OR
YAMHILL SWCD, OR
YONCALLA PARK & RECREATION DISTRICT, OR
YOUNGS RIVER-LEWIS & CLARK WATER
DISTRICT, OR
ZUMWALT R.F.P.D., OR
K-12 INCLUDING BUT NOT LIMITED TO:
ACADIA PARISH SCHOOL BOARD
BEAVERTON SCHOOL DISTRICT
BEND-LA PINE SCHOOL DISTRICT
BOGALUSA HIGH SCHOOL, LA
BOSSIER PARISH SCHOOL BOARD
BROOKING HARBOR SCHOOL DISTRICT
CADDO PARISH SCHOOL DISTRICT
CALCASIEU PARISH SCHOOL DISTRICT
CANBY SCHOOL DISTRICT
CANYONVILLE CHRISTIAN ACADEMY
CASCADE SCHOOL DISTRICT
CASCADES ACADEMY OF CENTRAL OREGON
CENTENNIAL SCHOOL DISTRICT
CENTRAL CATHOLIC HIGH SCHOOL
CENTRAL POINT SCHOOL DISTRICT NO.6
CENTRAL SCHOOL DISTRICT 13J
COOS BAY SCHOOL DISTRICT NO.9
CORVALLIS SCHOOL DISTRICT 509J
COUNTY OF YAMHILL SCHOOL DISTRICT 29
CULVER SCHOOL DISTRICT
DALLAS SCHOOL DISTRICT NO.2
DAVID DOUGLAS SCHOOL DISTRICT
DAYTON SCHOOL DISTRICT NO.8
DE LA SALLE N CATHOLIC HS
DESCHUTES COUNTY SCHOOL DISTRICT NO.6
DOUGLAS EDUCATIONAL DISTRICT SERVICE
DUFUR SCHOOL DISTRICT NO.29
EAST BATON ROUGE PARISH SCHOOL DISTRICT
ESTACADA SCHOOL DISTRICT NO.10B
FOREST GROVE SCHOOL DISTRICT
GEORGE MIDDLE SCHOOL
GLADSTONE SCHOOL DISTRICT
GRANTS PASS SCHOOL DISTRICT 7
GREATER ALBANY PUBLIC SCHOOL DISTRICT
GRESHAM BARLOW JOINT SCHOOL DISTRICT
HEAD START OF LANE COUNTY
HIGH DESERT EDUCATION SERVICE DISTRICT
HILLSBORO SCHOOL DISTRICT
HOOD RIVER COUNTY SCHOOL DISTRICT
JACKSON CO SCHOOL DIST NO.9
JEFFERSON COUNTY SCHOOL DISTRICT 509-J
JEFFERSON PARISH SCHOOL DISTRICT
JEFFERSON SCHOOL DISTRICT
JUNCTION CITY SCHOOLS, OR
KLAMATH COUNTY SCHOOL DISTRICT
KLAMATH FALLS CITY SCHOOLS
LAFAYETTE PARISH SCHOOL DISTRICT
LAKE OSWEGO SCHOOL DISTRICT 7J
LANE COUNTY SCHOOL DISTRICT 4J
LINCOLN COUNTY SCHOOL DISTRICT
LINN CO. SCHOOL DIST. 95C
LIVINGSTON PARISH SCHOOL DISTRICT
LOST RIVER JR/SR HIGH SCHOOL
LOWELL SCHOOL DISTRICT NO.71
SALEM-KEIZER PUBLIC SCHOOLS 24J
MARION COUNTY SCHOOL DISTRICT 103
MARIST HIGH SCHOOL, OR
MCMINNVILLE SCHOOL DISTRICT NOAO
MEDFORD SCHOOL DISTRICT 549C
MITCH CHARTER SCHOOL
MONROE SCHOOL DISTRICT NO.1J
MORROW COUNTY SCHOOL DIST, OR
MULTNOMAH EDUCATION SERVICE DISTRICT
MULTISENSORY LEARNING ACADEMY
MYRTLE PINT SCHOOL DISTRICT 41 NEAH-KAH-NIE DISTRICT NO.56 NEWBERG 725
Appendix B – OMNIA Partners Exhibits
Version June 16, 2023
PUBLIC SCHOOLS
NESTUCCA VALLEY SCHOOL DISTRICT NO.101
NOBEL LEARNING COMMUNITIES
NORTH BEND SCHOOL DISTRICT 13
NORTH CLACKAMAS SCHOOL DISTRICT
NORTH DOUGLAS SCHOOL DISTRICT
NORTH WASCO CITY SCHOOL DISTRICT 21
NORTHWEST REGIONAL EDUCATION SERVICE
DISTRICT
ONTARIO MIDDLE SCHOOL
OREGON TRAIL SCHOOL DISTRICT NOA6
ORLEANS PARISH SCHOOL DISTRICT
PHOENIX-TALENT SCHOOL DISTRICT NOA
PLEASANT HILL SCHOOL DISTRICT
PORTLAND JEWISH ACADEMY
PORTLAND PUBLIC SCHOOLS
RAPIDES PARISH SCHOOL DISTRICT
REDMOND SCHOOL DISTRICT
REYNOLDS SCHOOL DISTRICT
ROGUE RIVER SCHOOL DISTRICT
ROSEBURG PUBLIC SCHOOLS
SCAPPOOSE SCHOOL DISTRICT 1J
SAINT TAMMANY PARISH SCHOOL BOARD, LA
SEASIDE SCHOOL DISTRICT 10
SHERWOOD SCHOOL DISTRICT 88J
SILVER FALLS SCHOOL DISTRICT 4J
SOUTH LANE SCHOOL DISTRICT 45J3
SOUTHERN OREGON EDUCATION SERVICE
DISTRICT
SPRINGFIELD PUBLIC SCHOOLS
SUTHERLIN SCHOOL DISTRICT
SWEET HOME SCHOOL DISTRICT NO.55
TERREBONNE PARISH SCHOOL DISTRICT
THE CATLIN GABEL SCHOOL
TIGARD-TUALATIN SCHOOL DISTRICT
UMATILLA MORROW ESD
WEST LINN WILSONVILLE SCHOOL DISTRICT
WILLAMETTE EDUCATION SERVICE DISTRICT
WOODBURN SCHOOL DISTRICT
YONCALLA SCHOOL DISTRICT
ACADEMY FOR MATH ENGINEERING & SCIENCE
(AMES), UT
ALIANZA ACADEMY, UT
ALPINE DISTRICT, UT
AMERICAN LEADERSHIP ACADEMY, UT
AMERICAN PREPARATORY ACADEMY, UT
BAER CANYON HIGH SCHOOL FOR SPORTS &
MEDICAL SCIENCES, UT
BEAR RIVER CHARTER SCHOOL, UT
BEAVER SCHOOL DISTRICT, UT
BEEHIVE SCIENCE & TECHNOLOGY ACADEMY
(BSTA) , UT
BOX ELDER SCHOOL DISTRICT, UT
CBA CENTER, UT
CACHE SCHOOL DISTRICT, UT
CANYON RIM ACADEMY, UT
CANYONS DISTRICT, UT
CARBON SCHOOL DISTRICT, UT
CHANNING HALL, UT
CHARTER SCHOOL LEWIS ACADEMY, UT
CITY ACADEMY, UT
DAGGETT SCHOOL DISTRICT, UT
DAVINCI ACADEMY, UT
DAVIS DISTRICT, UT
DUAL IMMERSION ACADEMY, UT
DUCHESNE SCHOOL DISTRICT, UT
EARLY LIGHT ACADEMY AT DAYBREAK, UT
EAST HOLLYWOOD HIGH, UT
EDITH BOWEN LABORATORY SCHOOL, UT
EMERSON ALCOTT ACADEMY, UT
EMERY SCHOOL DISTRICT, UT
ENTHEOS ACADEMY, UT
EXCELSIOR ACADEMY, UT
FAST FORWARD HIGH, UT
FREEDOM ACADEMY, UT
GARFIELD SCHOOL DISTRICT, UT
GATEWAY PREPARATORY ACADEMY, UT
GEORGE WASHINGTON ACADEMY, UT
GOOD FOUNDATION ACADEMY, UT
GRAND SCHOOL DISTRICT, UT
GRANITE DISTRICT, UT
GUADALUPE SCHOOL, UT
HAWTHORN ACADEMY, UT
INTECH COLLEGIATE HIGH SCHOOL, UT
IRON SCHOOL DISTRICT, UT
ITINERIS EARLY COLLEGE HIGH, UT
JOHN HANCOCK CHARTER SCHOOL, UT
JORDAN DISTRICT, UT
JUAB SCHOOL DISTRICT, UT
KANE SCHOOL DISTRICT, UT
KARL G MAESER PREPARATORY ACADEMY, UT
LAKEVIEW ACADEMY, UT
LEGACY PREPARATORY ACADEMY, UT
LIBERTY ACADEMY, UT
LINCOLN ACADEMY, UT
LOGAN SCHOOL DISTRICT, UT
MARIA MONTESSORI ACADEMY, UT
MERIT COLLEGE PREPARATORY ACADEMY, UT
MILLARD SCHOOL DISTRICT, UT
MOAB CHARTER SCHOOL, UT
MONTICELLO ACADEMY, UT
MORGAN SCHOOL DISTRICT, UT
MOUNTAINVILLE ACADEMY, UT
MURRAY SCHOOL DISTRICT, UT
NAVIGATOR POINTE ACADEMY, UT
NEBO SCHOOL DISTRICT, UT
NO UT ACAD FOR MATH ENGINEERING & SCIENCE
(NUAMES), UT
NOAH WEBSTER ACADEMY, UT
NORTH DAVIS PREPARATORY ACADEMY, UT
NORTH SANPETE SCHOOL DISTRICT, UT
NORTH STAR ACADEMY, UT
NORTH SUMMIT SCHOOL DISTRICT, UT
ODYSSEY CHARTER SCHOOL, UT
OGDEN PREPARATORY ACADEMY, UT
OGDEN SCHOOL DISTRICT, UT
OPEN CLASSROOM, UT
OPEN HIGH SCHOOL OF UTAH, UT
OQUIRRH MOUNTAIN CHARTER SCHOOL, UT
PARADIGM HIGH SCHOOL, UT
PARK CITY SCHOOL DISTRICT, UT
PINNACLE CANYON ACADEMY, UT
PIUTE SCHOOL DISTRICT, UT PROVIDENCE HALL, UT PROVO SCHOOL 726
Appendix B – OMNIA Partners Exhibits
Version June 16, 2023
DISTRICT, UT
QUAIL RUN PRIMARY SCHOOL, UT
QUEST ACADEMY, UT
RANCHES ACADEMY, UT
REAGAN ACADEMY, UT
RENAISSANCE ACADEMY, UT
RICH SCHOOL DISTRICT, UT
ROCKWELL CHARTER HIGH SCHOOL, UT
SALT LAKE ARTS ACADEMY, UT
SALT LAKE CENTER FOR SCIENCE EDUCATION,
UT
SALT LAKE SCHOOL DISTRICT, UT
SALT LAKE SCHOOL FOR THE PERFORMING ARTS,
UT
SAN JUAN SCHOOL DISTRICT, UT
SEVIER SCHOOL DISTRICT, UT
SOLDIER HOLLOW CHARTER SCHOOL, UT
SOUTH SANPETE SCHOOL DISTRICT, UT
SOUTH SUMMIT SCHOOL DISTRICT, UT
SPECTRUM ACADEMY, UT
SUCCESS ACADEMY, UT
SUCCESS SCHOOL, UT
SUMMIT ACADEMY, UT
SUMMIT ACADEMY HIGH SCHOOL, UT
SYRACUSE ARTS ACADEMY, UT
THOMAS EDISON - NORTH, UT
TIMPANOGOS ACADEMY, UT
TINTIC SCHOOL DISTRICT, UT
TOOELE SCHOOL DISTRICT, UT
TUACAHN HIGH SCHOOL FOR THE PERFORMING
ARTS, UT
UINTAH RIVER HIGH, UT
UINTAH SCHOOL DISTRICT, UT
UTAH CONNECTIONS ACADEMY, UT
UTAH COUNTY ACADEMY OF SCIENCE, UT
UTAH ELECTRONIC HIGH SCHOOL, UT
UTAH SCHOOLS FOR DEAF & BLIND, UT
UTAH STATE OFFICE OF EDUCATION, UT
UTAH VIRTUAL ACADEMY, UT
VENTURE ACADEMY, UT
VISTA AT ENTRADA SCHOOL OF PERFORMING
ARTS AND TECHNOLOGY, UT
WALDEN SCHOOL OF LIBERAL ARTS, UT
WASATCH PEAK ACADEMY, UT
WASATCH SCHOOL DISTRICT, UT
WASHINGTON SCHOOL DISTRICT, UT
WAYNE SCHOOL DISTRICT, UT
WEBER SCHOOL DISTRICT, UT
WEILENMANN SCHOOL OF DISCOVERY, UT
HIGHER EDUCATION
ARGOSY UNIVERSITY
BATON ROUGE COMMUNITY COLLEGE, LA
BIRTHINGWAY COLLEGE OF MIDWIFERY
BLUE MOUNTAIN COMMUNITY COLLEGE
BRIGHAM YOUNG UNIVERSITY - HAWAII
CENTRAL OREGON COMMUNITY COLLEGE
CENTENARY COLLEGE OF LOUISIANA
CHEMEKETA COMMUNITY COLLEGE
CLACKAMAS COMMUNITY COLLEGE
COLLEGE OF THE MARSHALL ISLANDS
COLUMBIA GORGE COMMUNITY COLLEGE
CONCORDIA UNIVERSITY
GEORGE FOX UNIVERSITY
KLAMATH COMMUNITY COLLEGE DISTRICT
LANE COMMUNITY COLLEGE
LEWIS AND CLARK COLLEGE
LINFIELD COLLEGE
LINN-BENTON COMMUNITY COLLEGE
LOUISIANA COLLEGE, LA
LOUISIANA STATE UNIVERSITY
LOUISIANA STATE UNIVERSITY HEALTH
SERVICES
MARYLHURST UNIVERSITY
MT. HOOD COMMUNITY COLLEGE
MULTNOMAH BIBLE COLLEGE
NATIONAL COLLEGE OF NATURAL MEDICINE
NORTHWEST CHRISTIAN COLLEGE
OREGON HEALTH AND SCIENCE UNIVERSITY
OREGON INSTITUTE OF TECHNOLOGY
OREGON STATE UNIVERSITY
OREGON UNIVERSITY SYSTEM
PACIFIC UNIVERSITY
PIONEER PACIFIC COLLEGE
PORTLAND COMMUNITY COLLEGE
PORTLAND STATE UNIVERSITY
REED COLLEGE
RESEARCH CORPORATION OF THE UNIVERSITY
OF HAWAII
ROGUE COMMUNITY COLLEGE
SOUTHEASTERN LOUISIANA UNIVERSITY
SOUTHERN OREGON UNIVERSITY (OREGON
UNIVERSITY SYSTEM)
SOUTHWESTERN OREGON COMMUNITY COLLEGE
TULANE UNIVERSITY
TILLAMOOK BAY COMMUNITY COLLEGE
UMPQUA COMMUNITY COLLEGE
UNIVERSITY OF HAWAII BOARD OF REGENTS
UNIVERSITY OF HAWAII-HONOLULU COMMUNITY
COLLEGE
UNIVERSITY OF OREGON-GRADUATE SCHOOL
UNIVERSITY OF PORTLAND
UNIVERSITY OF NEW ORLEANS
WESTERN OREGON UNIVERSITY
WESTERN STATES CHIROPRACTIC COLLEGE
WILLAMETTE UNIVERSITY
XAVIER UNIVERSITY
UTAH SYSTEM OF HIGHER EDUCATION, UT
UNIVERSITY OF UTAH, UT
UTAH STATE UNIVERSITY, UT
WEBER STATE UNIVERSITY, UT
SOUTHERN UTAH UNIVERSITY, UT
SNOW COLLEGE, UT
DIXIE STATE COLLEGE, UT
COLLEGE OF EASTERN UTAH, UT
UTAH VALLEY UNIVERSITY, UT
SALT LAKE COMMUNITY COLLEGE, UT
UTAH COLLEGE OF APPLIED TECHNOLOGY, UT
STATE AGENCIES
ADMIN. SERVICES OFFICE
BOARD OF MEDICAL EXAMINERS
HAWAII CHILD SUPPORT ENFORCEMENT AGENCY HAWAII DEPARTMENT OF TRANSPORTATION HAWAII 727
728
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Web@Work® Quick Reference Guide
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Appendix A, Doc #1
ANTITRUST CERTIFICATION STATEMENTS
(Tex. Government Code § 2155.005)
Attorney General Form
I affirm under penalty of perjury of the laws of the State of Texas that:
1. 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 proposal, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;
3. In connection with this proposal, neither I nor any representative of the Company has violated any federal antitrust law; and
4. Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this proposal to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.
Company
WAXIE's Enterprises, LLC,
and its affiliates, BradyPLUS
companies
Address
9353 Waxie Way
San Diego, CA 92123
-----------
Phone (800)995-4466
Fax
Contact
Official
Authorizing
Proposal
��
Signature
Amanda Parent
Printed Name
Senior Director National Accounts
Position with Company
(;liffZ--Signat
Steve Thomas
Printed Name
Senior VP National Accounts
Position with Company
827
828
829
830
831
Company Name: WAXIE's Enterprises LLC, and its affiliates, BradyPLUS companies Manufacturer /Category Minimum % Discount
Paper Products- Toilet tissue, folded towels, wipers, napkins, facial tissue, seat covers, rolled towels, etc. 55% Feminine Hygiene 40%
Plastic Can Liners 55%
Waste and Recyling - Trash cans, recycle bins, etc. 30% Big Belly products and accessories 5%
Cleaning Supplies - window cleaning tools, general purpose supplies, mops, brooms, rags, rags, tilt trucks, caddies, etc 30% Unger Tools and Equipment 15%
Hand Hygiene - Soap and Sanitizer 40%
Lodging Amenties - Shampoo, conditioner, lotion 15%
General Chemicals 30%
Air Fresheners 30%
Floor maintenance - Floor Finishes, Strippers, and Floor Sealers, wood floor products and floor maintenance chemicals 40% Dilution Control Chemicals 30%
Laundry Chemicals 40%
Antimicrobial Products 15%
Warewashing Chemicals 40%
Envirox Chemicals 15%
Tersano Chemicals 15%
Kaivac Chemicals 10%
Reconditioned Equipment 5%
Robotic/Autonomous Equipment 5%
Industrial Equipment 5%
Propane Equipment 5%
Direct Corded Equipment 20%
Battery Operated Equipment 18%
Sweepers 18%
Tennant Equipment and Accessories 5%
Square Scrub Equipment and Accessories 5%
Geerpres Equipment and Accessories 15%
Nacecare Equipment and Accessories 5%
Equipment Parts and Accessories -repair parts for equipment, floor pads, squeegee, vacuum filter bags, etc. 10% Air Purification Equipment & Parts 15%
Safety - Gloves, masks, coveralls, partitions, spill kits, etc. 20% Food Service Disposables 35%
Food service Smallware 20%
Matting 30%
Signage 10%
Ashtrays 10%
Batteries 10%
Other 10%
Ice Melt 25%
Pest Control 15%
Lighting 15%
Lawn & Garden 10%
Bobrick 10%
Material Handling 10%
Equipment Repair and Service 10%
VMI ( Vendor Managed Inventory) 5%
Rental Equipment 5%
Dispenser Installation 5%
Comments:
* The products represented in our catalog are a sampling of commonly purchased items and do not include our entire assortment. Items will be added as requested by end users.
DISCOUNT SCHEDULE - RFP 24-S824
*Dispenser for each category will be added at market value and will not follow the category discount. Most proprietary dispensers can be offered free of charge and will be negotiated between the BradyPLUS affiliate and the end-user.
Services
832
833
Department: Public Works
Prepared By: Lance Verdugo
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Bonnie Tam, Jacqueline Leon
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 11
SUBJECT:
A MAINTENANCE SERVICES AGREEMENT WITH BAY ALARM COMPANY FOR
MONITORING AND MAINTENANCE SERVICES AT VARIOUS CITY FACILITIES
CITY OF ONTARIO
Agenda Report
June 17, 2025
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That the City Council authorize the City Manager, or his designee, to execute a sole source Maintenance Services Agreement with Bay Alarm Company, of Los Angeles, California, for monitoring and maintenance services at various City facilities for a total not-to-exceed contract
amount of $1,055,007 for up to five (5) years.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Operate in a Businesslike Manner
FISCAL IMPACT:
The recommended Maintenance Services Agreement with Bay Alarm Company is for a total amount not-to-exceed
$622,101 over a three-year term. Two (2) one-year extensions may be exercised at the City’s sole discretion. The cost of option year one is in the amount of $213,315 and the cost of option year two is in the amount of $219,591 for a total not-to-exceed contract amount of $1,055,007 over the five-year term.
If approved, appropriations will be included in future
Annual Budgets to City Council for approval as needed in the Facilities Maintenance Fund for
monitoring and maintenance services at various City facilities.
BACKGROUND & ANALYSIS:
The Municipal Services Department is responsible for maintaining more than 80 facilities throughout the City of Ontario including Community and Aquatic Centers, City Hall, Police Departments, Fire Departments, and various other locations. Bay Alarm Company monitors, maintains, and repairs critical systems like intrusion, fire alarms, and security camera systems that provide a safe and secure environment for our communities and City Staff. These systems require monthly and emergency maintenance to continue operating at an optimum level to ensure the continuance of protection of the community and Staff.
Staff recommends awarding a sole source Maintenance Services Agreement to Bay Alarm considering various factors such as the total cost of new equipment installation, facility familiarity, and an understanding of our current operations ensuring optimum safety and service to our community.
834
46700.00100\40935194.1
BB&K (2024) - 1 - MAINTENANCE SERVICES AGREEMENT
CIT
Y OF ONTARIO
MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered as of _______________, by and between the City of Ontario, a municipal corporation organized under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764-4196, County of San Bernardino, State of California ("City") and Bay Alarm Company, a Corporation, with its principal place of business at PO Box 51041 , Los Angeles, CA 90051- 5337 (“Contractor”). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing Security and Fire Alarm Monitoring Services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City.
2.2 Project.
City desires to engage Contractor to render such services for the Security and Fire Alarm Monitoring Services project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2025, to June 30, 2028, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one- 835
46700.00100\40935194.1
BB&K (2024) - 2 - MAINTENANCE SERVICES AGREEMENT
year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Compensation.
3.2.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Six Hundred Twenty-Two Thousand Dollars One Hundred One Dollars with Zero Cents ($622,101) without written approval of City ’s Municipal Services Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.2.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement ; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.
3.2.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.2.5 Extra Work . At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.2.6 Automated Clearing House (“ACH”) payments. It is the City’s policy to pay its consultant invoices via electronic fund transfers through the ACH network. All payments due and owing pursuant to a properly issued and correct invoice or under this Agreement shall be made through electronic ACH transfers, unless otherwise agreed upon by both Parties in writing.
Contractor shall provide the City with ACH payment details whereby the City shall initiate the ACH transfers to Contractor in the amount required pursuant to a properly issued and correct invoice or under this Agreement. Each Party shall undertake any and all required actions and execute any required documents, instruments, or agreements required to effectuate the requirements of this Section. In the event the City erroneously deposits funds into an account, or otherwise deposits funds to which Contractor is not entitled: (1) Contractor shall immediately notify the City and the financial institution; (2) Contractor shall not withdraw any of the funds which were 836
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erroneously deposited or to which Contractor is not entitled; and (3) Contractor authorizes both the City and financial institution to take all actions necessary to correct the error and return to the City all funds erroneously deposited or to which Contractor is not entitled.
3.3 Responsibilities of Contractor.
3.3.1 Control and Payment of Subordinates; Independent Contractor . The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers ’ compensation insurance.
3.3.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor ’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.3.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.3.4 City’s Representative. The City hereby designates Lance Verdugo , Municipal Services Manager or his or her designee, to act as its representative for the performance of this Agreement ( “City’s Representative”). City ’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement except for increasing compensation. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.3.5 Contractor’s Representative. Contractor hereby designates Ilan Glassman, Branch Manager or his or her designee, to act as its representative for the performance of this Agreement ( “Contractor’s Representative” ). Contractor ’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.3.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
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3.3.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.3.8 Period of Performance and Liquidated Damages.
3.3.8.1 Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Projec t
milestones developed pursuant to provisions of this Agreement, it is understood, ack nowledged and agreed that the City will suffer damage. Purs uant to Government Code Sec tion 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $250 per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.
3.3.8.2 Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreas onable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the Services, only to the extent such strikes and other organized labor action are beyond the control of Contrac tor and its subconsultants, and
to the extent the effects thereof c annot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinanc es, emergency proclamations and orders , rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the Services and Agreement.
3.3.8.3 Should a Force M ajeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other 838
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Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Contractor to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.3.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.
3.3.10 Laws and Regulations; Employee/Labor Certifications.
3.3.10.1 Compliance with Laws . Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and w ithout giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8)
hour
s during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.3.10.2 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.
Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.3.10 or any of its sub- sections.
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3.3.10.3 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.3.10.1.
3.3.10.4 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub- subcontractors or consultants to meet any of the requirements provided for in Sections 3.3.10.1 or 3.3.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3. 3.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.3.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.3.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Boa rd (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.3.10.7 Water Quality.
(A) To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Colorado River Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non -Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall 840
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defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of car e requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.
3.3.11 Insurance.
3.3.11.1 Time for Compliance. Contractor shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.
3.3.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability :
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability 841
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limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
3.3.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Ontario, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor ’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance, deductible, or self-insurance shall be called upon to protect it as a named insured. Any insurance, deductible, or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3. 3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.3(A).
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its direct ors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor ’s scheduled underlying coverage. Any insurance, deductible, or self- 842
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insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Policy shall contain or be endorsed to contain such provisions. Notwithstanding the minimum limits set forth in Section 3. 3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage .
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.
3.3.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
3.3.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.3.11.6 Subcontractor Insurance Requirements . Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. 843
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3.3.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best ’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.
3.3.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.3.11.9 Reporting of Claims . Contractor shall report to the City, in addition to Contractor’ s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.
3.3.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3.13 Work Site.
3.3.13.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.
3.3.13.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.
3.3.14 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City. 844
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3.3.15 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or m aterials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City , the City shall have the right to correct and replace any defective or non -conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in eff ect at the commencement of this Agreement . Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor ’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) 845
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and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.4.2 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable.
3.4.3 Registration/DIR Compliance. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any cl aim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Termination of Agreement.
3.5.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7)
day
s before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contrac tor may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.5.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 846
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3.6 Indemnification.
3.6.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole or active negligence or willful misconduct of the City.
3.6.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.
3.7 General Provisions.
3.7.1 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.7.2 Independent Contractors and Subcontracting.
3.7.2.1 Use of Contractors. Contractor is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court , 4 Cal. 5th 903 (2018). To ensure that Contractor is in compliance with the California Labor Code, Contractor shall only utilize its employees to provide the Services. Contractor may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2 .2 below. Contractor represents and warrants that all personnel who perform the Services on Contractor’s behalf are Contractor’s employees, 847
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and that Contractor complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
3.7.2.2 Prior Approval Required. Contractor shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Contractor to use a Subcontractor, Contractor shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.
3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
Bay Alarm Company
PO Box 51041
Los Angeles, CA 90051-5337
Attn: Ilan Glassman, Branch Manager
Cit
y:
City of Ontario
303 East “B” Street
Ontario, CA 91764
Attn: Lance Verdugo, Municipal Services Manager
S
uch notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate not ice on the date actual notice occurred, regardless of the method of service.
3.7.4 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.
In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.7.5 Attorneys’ Fees. If either Party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, 848
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the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action.
3.7.6 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.7.7 City’s Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project.
3.7.8 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.7.9 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.7.10 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.7.11 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.12 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.7.13 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.7.14 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.7.15 Prohibited Interests . Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further 849
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agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City ’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employ ee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.7.16 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.7.17 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.7.18 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7.19 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
SI
GNATURES NEXT PAGE
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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF ONTARIO
AND BAY ALARM COMPANY
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF ONTARIO BAY ALARM COMPANY
By
:
Its:
Printed Name:
By:
Its:
Printed Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
Approved By:
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
A
ttested By:
City Clerk
Scott Ochoa
City Manager
851
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BB&K (2024) Exhibit A-1 MAINTENANCE SERVICES AGREEMENT
EXHIBIT “A”
SCOPE OF SERVICES
• ALL CITY OF ONTARIO ALARM MAINTENANCE AND PROFESSIONAL
MONITORING SERVICES RELATED TO ALL SYSTEMS AS APPLICABLE • INSTALL, MAINTAIN, AND REPAIR SECURITY CAMERAS AND SECURITY
CAMERA SYSTEMS, COMPONENTS RELATED TO BAY ALARM EQUIPMENT • INSTALL, MAINTAIN, AND REPAIR ACCESS CONTROL SYSTEMS,
COMPONENTS RELATED TO BAY ALARM EQUIPMENT
• INSTALL, MAINTAIN, AND REPAIR PANIC BUTTONS AND DURESS SYSTEMS,
COMPONENTS RELATED TO BAY ALARM EQUIPMENT
• INSTALL, MAINTAIN, AND REPAIR PAGING/ALERTING SYSTEMS AND ALL
RELATED COMPONENTS
• INSTALL, MAINTAIN, AND REPAIR INTERCOM SYSTEMS AND ALL RELATED
COMPONENTS
• TEST ALL EQUIPMENT AND CONNECTIONS
• INSTALL/RUN NETWORK CABLES AS NEEDED
• CONDUCT QUARTERLY AND SEMI-ANNUAL INSPECTIONS ON FIRE ALARM SYSTEMS IN COMPLIANCE WITH NFPA 25 AND NFPA 72. DURING THOSE INSPECTIONS, PANEL BATTERIES FOR FIRE SYSTEMS WILL BE CHECKED. 852
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BB&K (2024) Exhibit B-1 MAINTENANCE SERVICES AGREEMENT
E
XHIBIT “B”
SCHEDULE OF SERVICES
SEE ATTACHMENT
853
Bay Account # DESC Street Address Service Type MONTHLY QUARTERLY ANNUAL 4486232 137/141 EUCLID AVE - ECON DEV 141 N EUCLID AVE BURGLAR MONITORED 63.44$ 190.32$ 761.28$ 3877032 ANTHONY MUNOZ 1240 W 4TH ST FIRE MONITORED 69.68$ 209.04$ 836.16$ 4115232 ANTHONY MUNOZ 1240 W 4TH ST BURGLAR MONITORED 43.68$ 131.04$ 524.16$ 4219432 ANTHONY MUNOZ CENTER 1240 W 4TH ST ACCESS CONTROL -$ -$ -$ 4220832 ANTHONY MUNOZ CENTER 1240 W 4TH ST CCTV - SERVICE ONLY -$ -$ -$ 4219532 ARENA ONTARIO NET- FIBER STORAGE 3737 E CONCOURS ST ACCESS CONTROL -$ -$ -$ 4219932 ARMSTRONG 1265 S PALMETTO AVE ACCESS CONTROL 61.36$ 184.08$ 736.32$ 4330432 ARMSTRONG COMM 1265 S PALMETTO AVE BURGLAR AUTOLOG 52.00$ 156.00$ 624.00$ 4104432 ARMSTRONG COMM 1265 S PALMETTO AVE FIRE MONITORED 130.00$ 390.00$ 1,560.00$ 4367632 BA 1425 S BON VIEW AVE BURGLAR AUTOLOG 61.84$ 185.52$ 742.06$ 4307532 C-BLOCK PARKING STRUCTURE 155 E C ST FIRE MONITORED 83.20$ 249.60$ 998.40$ 4175732 CHAFFEY MUSEUM 217 S LEMON AVE BURGLAR MONITORED 109.20$ 327.60$ 1,310.40$ 4183832 CHAFFEY MUSEUM STORAGE 217 1/2 S LEMON BURGLAR MONITORED -$ -$ -$ 4068632 CITY HALL 303 E B ST FIRE MONITORED 1,147.12$ 3,441.36$ 13,765.44$ 4168532 CITY HALL 303 E B ST BURGLAR MONITORED 39.52$ 118.56$ 474.24$ 4150932 CITY HALL ANNEX 200 N CHERRY AVE FIRE MONITORED 748.80$ 2,246.40$ 8,985.60$ 4196132 CITY HALL ANNEX 200 N CHERRY ST BURGLAR MONITORED 39.52$ 118.56$ 474.24$ 3804232 COLONY BRANCH 3850 E RIVERSIDE DR BURGLAR MONITORED 31.20$ 93.60$ 374.40$ 4333032 CUCAMONGA 1440 S CUCAMONGA AVE MONITORED VIDEO SERVICE 448.45$ 1,345.34$ 5,381.38$ 4109032 DE ANZA COMMUNITY CENTER 1405 S FERN AVE FIRE MONITORED 94.64$ 283.92$ 1,135.68$ 4186132 DE ANZA COMMUNITY CENTER 1405 S FERN AVE BURGLAR MONITORED 37.44$ 112.32$ 449.28$ 4220032 DE ANZA COMMUNITY CENTER 1405 S FERN AVE ACCESS CONTROL 61.36$ 184.08$ 736.32$ 4197232 DE ANZA TINY TOTS 1405 S FERN AVE BURGLAR MONITORED 42.64$ 127.92$ 511.68$ 4197432 DOROTHY QUESADA COMM CENTER 1010 S BON VIEW BURGLAR MONITORED 62.40$ 187.20$ 748.80$ 4171132 DOROTHY QUESADA COMM CTR 1010 S BON VIEW AVE FIRE MONITORED 408.72$ 1,226.16$ 4,904.64$ 4318932 ECON DEV 143 N EUCLID AVE BURGLAR AUTOLOG 57.20$ 171.60$ 686.40$ 4547432 ECON DEV 215 W C ST BURGLAR AUTOLOG 156.00$ 468.00$ 1,872.00$ 4361032 ECON DEV 207 N EUCLID AVE BURGLAR AUTOLOG 65.61$ 196.84$ 787.36$ 4635132 ECON DEV 210-218 N PALM AVE BURGLAR AUTOLOG 140.40$ 421.20$ 1,684.80$ 4361532 ECON DEV WAREHOUSE BA 1236 E AIRPORT DR BURGLAR AUTOLOG 178.93$ 536.80$ 2,147.18$ 4362632 ECON DEV WAREHOUSE FA 1236 E AIRPORT DR FIRE MONITORED 410.35$ 1,231.06$ 4,924.23$ 4227832 ELECTRICAL ROOM & UNDER GROUND 2200 E PHILADELPHIA ST BURGLAR MONITORED 39.00$ 117.00$ 468.00$ 4166532 FILTRATION PLANT / WAREHOUSE REAR . 4TH & CUCAMONGA AVE BURGLAR MON/FIRE SUB-OWNED 48.89$ 146.67$ 586.68$ 4175432 FIRE DEPT #5 1530 E 4TH ST FIRE MONITORED 83.00$ 249.00$ 996.00$ 4203532 FIRE DEPT #6 2931 E PHILADELPHIA ST FIRE MONITORED 238.96$ 716.88$ 2,867.53$ 4203632 FIRE DEPT #7 4901 VANDERBILT ST BURGLAR MONITORED 67.60$ 202.80$ 811.20$ 4203732 FIRE DEPT #8 3429 E SHELBY ST BURGLAR MONITORED 67.60$ 202.80$ 811.20$ 4230832 FIRE DEPT #9 2611 E GRAND PARK ST FIRE MONITORED 83.20$ 249.60$ 998.40$ 4134132 HOUSING DEV/CODE ENFORCEMENT 208 W EMPORIA ST FIRE MONITORED 221.45$ 664.34$ 2,657.37$ 4184832 HOUSING DEV/CODE ENFORCEMENT 208 W EMPORIA ST BURGLAR MONITORED 54.08$ 162.24$ 648.96$ 4107632 LIBRARY 215 E C ST FIRE MONITORED 214.24$ 642.72$ 2,570.88$ 4196232 LIBRARY 215 E C ST BURGLAR MONITORED 154.08$ 462.24$ 1,848.96$ 4586632 MUSEUM OF HISTORY 225 S EUCLID AVE INTERCOM 52.00$ 156.00$ 624.00$ 4113932 MUSEUM OF HISTORY 225 S EUCLID AVE FIRE MONITORED 93.60$ 280.80$ 1,123.20$ 4416132 MUSEUM STORAGE 1333 S BON VIEW AVE BURGLAR AUTOLOG 67.60$ 202.80$ 811.20$ 4122932 MUSUEM OF HISTORY & ART 225 S EUCLID AVE BURG/ACCESS 54.08$ 162.24$ 648.96$ 3877832 NW POLICE FACILITY 1140 W 6TH ST BURGLAR MONITORED 39.52$ 118.56$ 474.24$ 4333132 OMUC 1425 S BON VIEW AVE MONITORED VIDEO SERVICE 480.73$ 1,442.19$ 5,768.76$ 4147832 ONTARIO NET 3737 CONCOURS ST FIRE MONITORED 71.76$ 215.28$ 861.12$ 4155532 ONTARIO NET PARKING LOT FIBER STORAGE 3737 CONCOURS ST BURGLAR MONITORED 43.68$ 131.04$ 524.16$ 4221932 ONTARIO NET PARKING LOT- FIBER STORAGE 3737 CONCOURS ST CCTV - SERVICE ONLY -$ -$ -$ 4568732 ONTARIO SOCCER PARK 2200 E PHILADELPHIA ST BURGLAR AUTOLOG 104.00$ 312.00$ 1,248.00$ 4186332 POLICE AIR SUPPORT SCHOOL AIRPORT 2009 PORTERFIELD WAY BURGLAR MONITORED 37.44$ 112.32$ 449.28$ 4108232 POLICE DEPARTMENT 2500 S ARCHIBALD AVE FIRE MONITORED 1,607.22$ 4,821.65$ 19,286.59$ 4203832 POLICE OFFICERS ASSOCIATION BLDG 2558 S ARCHIBALD AVE FIRE MONITORED 54.08$ 162.24$ 648.96$ 4162332 POLICE SUB STATION 1 MILLS CIR BURGLAR MON/FIRE SUB-OWNED 93.68$ 281.04$ 1,124.16$ 4119732 PUBLIC WORKS 1425 S BON VIEW BURGLAR MON/FIRE SUB-OWNED 556.40$ 1,669.20$ 6,676.80$ 4173732 PUBLIC WORKS 1425 S BON VIEW AVE BURGLAR MONITORED 656.13$ 1,968.40$ 7,873.62$ 4191132 PUBLIC WORKS 1425 S BON VIEW AVE BURGLAR MONITORED 109.00$ 327.00$ 1,308.00$ 4050832 PUBLIC WORKS AGENCY #2 1440 S CUCAMONGA FIRE MONITORED 52.00$ 156.00$ 624.00$ 4374032 PW YARD LOCAL ACCESS 1425 S BON VIEW AVE ACCESS CONTROL -$ -$ -$ 4330532 PW/OMUC SHOP 1440 S CUCAMONGA AVE BURGLAR AUTOLOG 46.80$ 140.40$ 561.60$ 3933732 PWA 1425 S BON VIEW AVE BURGLAR MONITORED 45.00$ 135.00$ 540.00$ 4196532 PWA TRAILER / PUBLIC WORKS FACILITY 1425 S BON VIEW AVE BURGLAR MONITORED 37.44$ 112.32$ 449.28$ 4167132 REVENUE 1333 S BON VIEW AVE BURGLAR MONITORED 629.20$ 1,887.60$ 7,550.40$ 4180632 REVENUE 1333 S BON VIEW AVE FIRE MONITORED 198.64$ 595.92$ 2,383.68$ 4333232 REVENUE BLDG 1333 S BON VIEW AVE MONITORED VIDEO SERVICE 448.45$ 1,345.34$ 5,381.38$ 3948232 REVENUE WAREHOUSE 3 & 4 1333 S BON VIEW AVE BURGLAR MONITORED 135.20$ 405.60$ 1,622.40$ 4120932 SENIOR CENTER 225 E B ST BURGLAR MONITORED 39.52$ 118.56$ 474.24$ 4156232 SENIOR CENTER 225 E B ST FIRE MONITORED 114.40$ 343.20$ 1,372.80$ 3930032 SOCCER COMP ELECTRICAL RM & UNDER GROUND 2200 E PHILADELPHIA ST BURGLAR MONITORED 80.08$ 240.24$ 960.96$ 3842732 SOCCER COMPLEX SNACK SHOP 2200 E PHILADELPHIA ST BURGLAR MONITORED 40.56$ 121.68$ 486.72$ 3933032 TEMPERATURE FORENSICS 2500 S ARCHIBALD AVE INDUSTRIAL MONITOR 28.08$ 84.24$ 336.96$ 4498032 VACANT OMUC FILTRATION PLANT 960 N CUCAMONGA AVE BURGLAR AUTOLOG 74.97$ 224.92$ 899.68$ 3914532 VETERANS PARK COMMUNITY CENTER 1305 E D ST BURGLAR MONITORED 53.04$ 159.12$ 636.48$ 3803332 WAREHOUSE #2 1333 S BON VIEW AVE BURGLAR MONITORED 126.88$ 380.64$ 1,522.56$ 4332932 WAREHOUSE #3 1333 S BON VIEW AVE MONITORED VIDEO SERVICE 448.45$ 1,345.34$ 5,381.38$ 4348232 WAREHOUSE BA 1333 S BON VIEW AVE BURGLAR AUTOLOG 61.66$ 184.98$ 739.94$ 4373732 WAREHOUSE BA 1333 S BON VIEW AVE BURGLAR AUTOLOG 61.83$ 185.48$ 741.94$ 4373932 WAREHOUSE YARD LOCAL ACCESS 1333 S BON VIEW AVE ACCESS CONTROL -$ -$ -$ 4373832 WAREHOUSE YARD LOCAL CCTV 1333 S BON VIEW AVE CCTV -$ -$ -$ 4219832 WESTWIND 2425 E RIVERSIDE DR ACCESS CONTROL 61.36$ 184.08$ 736.32$ 4162532 WESTWIND SPORT CENTER 2455 E RIVERSIDE DR BURGLAR MONITORED 74.88$ 224.64$ 898.56$ 4199432 WESTWIND SPORT CNTR MAINT BLDG 2425 E RIVERSIDE DR BURGLAR MONITORED 31.20$ 93.60$ 374.40$ 4048732 WESTWIND SPORTS CENTER 2455 E RIVERSIDE DR FIRE MONITORED 74.88$ 224.64$ 898.56$ TBD WEST END ANIMAL SHELTER (FIRE) FIRE MONITORED 425.00$ 1,275.00$ 5,100.00$ TBD WEST END ANIMAL SHELTER (BURGLAR) BURGLAR MONITORED 95.00$ 285.00$ 1,140.00$ TBD DOWNTOWN MOBILITY HUB FIRE MONITORED 425.00$ 1,275.00$ 5,100.00$ TBD 603 N EUCLID 603 N EUCLID FIRE MONITORED 215.00$ 645.00$ 2,580.00$ TBD 603 N EUCLID 603 N EUCLID BURGLAR MONITORED 85.00$ 255.00$ 1,020.00$ TOTAL 14,447.24$ 43,341.72$ 173,366.92$
FY 2025 - 2028
854
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BB&K (2024) Exhibit B-3 MAINTENANCE SERVICES AGREEMENT
FY 2028 - 2029
Bay Account # DESC Street Address Service Type MONTHLY QUARTERLY ANNUAL 4486232 137/141 EUCLID AVE - ECON DEV 141 N EUCLID AVE BURGLAR MONITORED $ 65.66 $ 196.98 $ 787.92 3877032 ANTHONY MUNOZ 1240 W 4TH ST FIRE MONITORED $ 72.12 $ 216.36 $ 865.43 4115232 ANTHONY MUNOZ 1240 W 4TH ST BURGLAR MONITORED $ 45.21 $ 135.63 $ 542.51 4219432 ANTHONY MUNOZ CENTER 1240 W 4TH ST ACCESS CONTROL $ - $ - $ - 4220832 ANTHONY MUNOZ CENTER 1240 W 4TH ST CCTV - SERVICE ONLY $ - $ - $ - 4219532 ARENA ONTARIO NET- FIBER STORAGE 3737 E CONCOURS ST ACCESS CONTROL $ - $ - $ - 4219932 ARMSTRONG 1265 S PALMETTO AVE ACCESS CONTROL $ 63.51 $ 190.52 $ 762.09 4330432 ARMSTRONG COMM 1265 S PALMETTO AVE BURGLAR AUTOLOG $ 53.82 $ 161.46 $ 645.84 4104432 ARMSTRONG COMM 1265 S PALMETTO AVE FIRE MONITORED $ 134.55 $ 403.65 $ 1,614.60 4367632 BA 1425 S BON VIEW AVE BURGLAR AUTOLOG $ 64.00 $ 192.01 $ 768.03 4307532 C-BLOCK PARKING STRUCTURE 155 E C ST FIRE MONITORED $ 86.11 $ 258.34 $ 1,033.34 4175732 CHAFFEY MUSEUM 217 S LEMON AVE BURGLAR MONITORED $ 113.02 $ 339.07 $ 1,356.26 4183832 CHAFFEY MUSEUM STORAGE 217 1/2 S LEMON BURGLAR MONITORED $ - $ - $ - 4068632 CITY HALL 303 E B ST FIRE MONITORED $ 1,187.27 $ 3,561.81 $ 14,247.23 4168532 CITY HALL 303 E B ST BURGLAR MONITORED $ 40.90 $ 122.71 $ 490.84 4150932 CITY HALL ANNEX 200 N CHERRY AVE FIRE MONITORED $ 775.01 $ 2,325.02 $ 9,300.10 4196132 CITY HALL ANNEX 200 N CHERRY ST BURGLAR MONITORED $ 40.90 $ 122.71 $ 490.84 3804232 COLONY BRANCH 3850 E RIVERSIDE DR BURGLAR MONITORED $ 32.29 $ 96.88 $ 387.50 4333032 CUCAMONGA 1440 S CUCAMONGA AVE MONITORED VIDEO SERVICE $ 464.14 $ 1,392.43 $ 5,569.72 4109032 DE ANZA COMMUNITY CENTER 1405 S FERN AVE FIRE MONITORED $ 97.95 $ 293.86 $ 1,175.43 4186132 DE ANZA COMMUNITY CENTER 1405 S FERN AVE BURGLAR MONITORED $ 38.75 $ 116.25 $ 465.00 4220032 DE ANZA COMMUNITY CENTER 1405 S FERN AVE ACCESS CONTROL $ 63.51 $ 190.52 $ 762.09 4197232 DE ANZA TINY TOTS 1405 S FERN AVE BURGLAR MONITORED $ 44.13 $ 132.40 $ 529.59 4197432 DOROTHY QUESADA COMM CENTER 1010 S BON VIEW BURGLAR MONITORED $ 64.58 $ 193.75 $ 775.01 4171132 DOROTHY QUESADA COMM CTR 1010 S BON VIEW AVE FIRE MONITORED $ 423.03 $ 1,269.08 $ 5,076.30 4318932 ECON DEV 143 N EUCLID AVE BURGLAR AUTOLOG $ 59.20 $ 177.61 $ 710.42 4547432 ECON DEV 215 W C ST BURGLAR AUTOLOG $ 161.46 $ 484.38 $ 1,937.52 4361032 ECON DEV 207 N EUCLID AVE BURGLAR AUTOLOG $ 67.91 $ 203.73 $ 814.92 4635132 ECON DEV 210-218 N PALM AVE BURGLAR AUTOLOG $ 145.31 $ 435.94 $ 1,743.77 4361532 ECON DEV WAREHOUSE BA 1236 E AIRPORT DR BURGLAR AUTOLOG $ 185.19 $ 555.58 $ 2,222.34 4362632 ECON DEV WAREHOUSE FA 1236 E AIRPORT DR FIRE MONITORED $ 424.72 $ 1,274.15 $ 5,096.58 4227832 ELECTRICAL ROOM & UNDER GROUND 2200 E PHILADELPHIA ST BURGLAR MONITORED $ 40.37 $ 121.10 $ 363.30 4166532 FILTRATION PLANT / WAREHOUSE REAR . 4TH & CUCAMONGA AVE BURGLAR MON/FIRE SUB-OWNED $ 50.60 $ 151.80 $ 607.22 4175432 FIRE DEPT #5 1530 E 4TH ST FIRE MONITORED $ 85.91 $ 257.72 $ 1,030.86 4203532 FIRE DEPT #6 2931 E PHILADELPHIA ST FIRE MONITORED $ 247.32 $ 741.97 $ 2,967.89 4203632 FIRE DEPT #7 4901 VANDERBILT ST BURGLAR MONITORED $ 69.97 $ 209.90 $ 839.59 4203732 FIRE DEPT #8 3429 E SHELBY ST BURGLAR MONITORED $ 69.97 $ 209.90 $ 839.59 4230832 FIRE DEPT #9 2611 E GRAND PARK ST FIRE MONITORED $ 86.11 $ 258.37 $ 1,033.34 4134132 HOUSING DEV/CODE ENFORCEMENT 208 W EMPORIA ST FIRE MONITORED $ 229.20 $ 687.59 $ 2,750.37 4184832 HOUSING DEV/CODE ENFORCEMENT 208 W EMPORIA ST BURGLAR MONITORED $ 55.97 $ 167.92 $ 671.67 4107632 LIBRARY 215 E C ST FIRE MONITORED $ 221.74 $ 665.22 $ 2,660.86 4196232 LIBRARY 215 E C ST BURGLAR MONITORED $ 159.47 $ 478.42 $ 1,913.67 4586632 MUSEUM OF HISTORY 225 S EUCLID AVE INTERCOM $ 53.82 $ 161.46 $ 645.84 4113932 MUSEUM OF HISTORY 225 S EUCLID AVE FIRE MONITORED $ 96.88 $ 290.63 $ 1,162.51 4416132 MUSEUM STORAGE 1333 S BON VIEW AVE BURGLAR AUTOLOG $ 69.97 $ 209.90 $ 839.59 4122932 MUSUEM OF HISTORY & ART 225 S EUCLID AVE BURG/ACCESS $ 55.97 $ 167.92 $ 671.67 3877832 NW POLICE FACILITY 1140 W 6TH ST BURGLAR MONITORED $ 40.90 $ 122.71 $ 490.84 4333132 OMUC 1425 S BON VIEW AVE MONITORED VIDEO SERVICE $ 497.56 $ 1,492.67 $ 5,970.66 4147832 ONTARIO NET 3737 CONCOURS ST FIRE MONITORED $ 74.27 $ 222.81 $ 891.26 4155532 ONTARIO NET PARKING LOT FIBER STORAGE 3737 CONCOURS ST BURGLAR MONITORED $ 45.21 $ 135.63 $ 542.51 4221932 ONTARIO NET PARKING LOT- FIBER STORAGE 3737 CONCOURS ST CCTV - SERVICE ONLY $ - $ - $ - 4568732 ONTARIO SOCCER PARK 2200 E PHILADELPHIA ST BURGLAR AUTOLOG $ 107.64 $ 322.92 $ 1,291.68 4186332 POLICE AIR SUPPORT SCHOOL AIRPORT 2009 PORTERFIELD WAY BURGLAR MONITORED $ 38.75 $ 116.25 $ 465.00 4108232 POLICE DEPARTMENT 2500 S ARCHIBALD AVE FIRE MONITORED $ 1,663.47 $ 4,990.41 $ 19,961.62 4203832 POLICE OFFICERS ASSOCIATION BLDG 2558 S ARCHIBALD AVE FIRE MONITORED $ 55.97 $ 167.92 $ 671.67 4162332 POLICE SUB STATION 1 MILLS CIR BURGLAR MON/FIRE SUB-OWNED $ 96.96 $ 290.88 $ 1,163.51 4119732 PUBLIC WORKS 1425 S BON VIEW BURGLAR MON/FIRE SUB-OWNED $ 575.87 $ 1,727.62 $ 6,910.49 4173732 PUBLIC WORKS 1425 S BON VIEW AVE BURGLAR MONITORED $ 679.09 $ 2,037.28 $ 8,149.13 4191132 PUBLIC WORKS 1425 S BON VIEW AVE BURGLAR MONITORED $ 112.86 $ 338.58 $ 1,354.32 4050832 PUBLIC WORKS AGENCY #2 1440 S CUCAMONGA FIRE MONITORED $ 53.82 $ 161.46 $ 645.84 4374032 PW YARD LOCAL ACCESS 1425 S BON VIEW AVE ACCESS CONTROL $ - $ - $ - 4330532 PW/OMUC SHOP 1440 S CUCAMONGA AVE BURGLAR AUTOLOG $ 48.44 $ 145.31 $ 581.26 3933732 PWA 1425 S BON VIEW AVE BURGLAR MONITORED $ 46.58 $ 139.73 $ 558.90 4196532 PWA TRAILER / PUBLIC WORKS FACILITY 1425 S BON VIEW AVE BURGLAR MONITORED $ 38.75 $ 116.25 $ 465.00 4167132 REVENUE 1333 S BON VIEW AVE BURGLAR MONITORED $ 651.22 $ 1,953.67 $ 7,814.66 4180632 REVENUE 1333 S BON VIEW AVE FIRE MONITORED $ 205.59 $ 616.78 $ 2,467.11 4333232 REVENUE BLDG 1333 S BON VIEW AVE MONITORED VIDEO SERVICE $ 464.14 $ 1,392.43 $ 5,569.72 3948232 REVENUE WAREHOUSE 3 & 4 1333 S BON VIEW AVE BURGLAR MONITORED $ 139.93 $ 419.80 $ 1,679.18 4120932 SENIOR CENTER 225 E B ST BURGLAR MONITORED $ 40.90 $ 122.71 $ 490.84 4156232 SENIOR CENTER 225 E B ST FIRE MONITORED $ 118.40 $ 355.21 $ 1,420.85 3930032 SOCCER COMP ELECTRICAL RM & UNDER GROUND 2200 E PHILADELPHIA ST BURGLAR MONITORED $ 82.88 $ 248.65 $ 994.59 3842732 SOCCER COMPLEX SNACK SHOP 2200 E PHILADELPHIA ST BURGLAR MONITORED $ 41.98 $ 125.94 $ 503.76 3933032 TEMPERATURE FORENSICS 2500 S ARCHIBALD AVE INDUSTRIAL MONITOR $ 29.06 $ 87.19 $ 348.75 4498032 VACANT OMUC FILTRATION PLANT 960 N CUCAMONGA AVE BURGLAR AUTOLOG $ 77.60 $ 232.79 $ 931.17 3914532 VETERANS PARK COMMUNITY CENTER 1305 E D ST BURGLAR MONITORED $ 54.90 $ 164.69 $ 658.76 3803332 WAREHOUSE #2 1333 S BON VIEW AVE BURGLAR MONITORED $ 131.32 $ 393.96 $ 1,575.85 4332932 WAREHOUSE #3 1333 S BON VIEW AVE MONITORED VIDEO SERVICE $ 464.14 $ 1,392.43 $ 5,569.72 4348232 WAREHOUSE BA 1333 S BON VIEW AVE BURGLAR AUTOLOG $ 63.82 $ 191.46 $ 765.84 4373732 WAREHOUSE BA 1333 S BON VIEW AVE BURGLAR AUTOLOG $ 63.99 $ 191.98 $ 767.90 4373932 WAREHOUSE YARD LOCAL ACCESS 1333 S BON VIEW AVE ACCESS CONTROL $ - $ - $ - 4373832 WAREHOUSE YARD LOCAL CCTV 1333 S BON VIEW AVE CCTV $ - $ - $ - 4219832 WESTWIND 2425 E RIVERSIDE DR ACCESS CONTROL $ 63.51 $ 190.52 $ 762.09 4162532 WESTWIND SPORT CENTER 2455 E RIVERSIDE DR BURGLAR MONITORED $ 77.50 $ 232.50 $ 930.01 4199432 WESTWIND SPORT CNTR MAINT BLDG 2425 E RIVERSIDE DR BURGLAR MONITORED $ 32.29 $ 96.88 $ 387.50 4048732 WESTWIND SPORTS CENTER 2455 E RIVERSIDE DR FIRE MONITORED $ 77.50 $ 232.50 $ 930.01 TBD WEST END ANIMAL SHELTER (FIRE) FIRE MONITORED $ 439.88 $ 1,319.64 $ 5,278.56 TBD WEST END ANIMAL SHELTER (BURGLAR) BURGLAR MONITORED $ 98.33 $ 294.99 $ 1,179.96 TBD DOWNTOWN MOBILITY HUB FIRE MONITORED $ 439.88 $ 1,319.64 $ 5,278.56 TBD 603 N EUCLID 603 N EUCLID FIRE MONITORED $ 222.53 $ 667.59 $ 2,670.36 TBD 603 N EUCLID 603 N EUCLID BURGLAR MONITORED $ 87.98 $ 263.94 $ 1,055.76 TOTAL $ 14,952.97 $ 44,858.93 $ 179,314.45
855
46700.00100\40935194.1
BB&K (2024) Exhibit B-4 MAINTENANCE SERVICES AGREEMENT
FY 2029 - 2030
Bay Account # DESC Street Address Service Type MONTHLY QUARTERLY ANNUAL 4486232 137/141 EUCLID AVE - ECON DEV 141 N EUCLID AVE BURGLAR MONITORED $ 67.96 $ 203.88 $ 815.50 3877032 ANTHONY MUNOZ 1240 W 4TH ST FIRE MONITORED $ 74.64 $ 223.93 $ 895.72 4115232 ANTHONY MUNOZ 1240 W 4TH ST BURGLAR MONITORED $ 46.79 $ 140.37 $ 561.49 4219432 ANTHONY MUNOZ CENTER 1240 W 4TH ST ACCESS CONTROL $ - $ - $ - 4220832 ANTHONY MUNOZ CENTER 1240 W 4TH ST CCTV - SERVICE ONLY $ - $ - $ - 4219532 ARENA ONTARIO NET- FIBER STORAGE 3737 E CONCOURS ST ACCESS CONTROL $ - $ - $ - 4219932 ARMSTRONG 1265 S PALMETTO AVE ACCESS CONTROL $ 65.73 $ 197.19 $ 788.76 4330432 ARMSTRONG COMM 1265 S PALMETTO AVE BURGLAR AUTOLOG $ 55.70 $ 167.11 $ 668.44 4104432 ARMSTRONG COMM 1265 S PALMETTO AVE FIRE MONITORED $ 139.26 $ 417.78 $ 1,671.11 4367632 BA 1425 S BON VIEW AVE BURGLAR AUTOLOG $ 66.24 $ 198.73 $ 794.91 4307532 C-BLOCK PARKING STRUCTURE 155 E C ST FIRE MONITORED $ 89.13 $ 267.38 $ 1,069.51 4175732 CHAFFEY MUSEUM 217 S LEMON AVE BURGLAR MONITORED $ 116.98 $ 350.93 $ 1,403.73 4183832 CHAFFEY MUSEUM STORAGE 217 1/2 S LEMON BURGLAR MONITORED $ - $ - $ - 4068632 CITY HALL 303 E B ST FIRE MONITORED $ 1,228.82 $ 3,686.47 $ 14,745.88 4168532 CITY HALL 303 E B ST BURGLAR MONITORED $ 42.33 $ 127.00 $ 508.02 4150932 CITY HALL ANNEX 200 N CHERRY AVE FIRE MONITORED $ 802.13 $ 2,406.40 $ 9,625.60 4196132 CITY HALL ANNEX 200 N CHERRY ST BURGLAR MONITORED $ 42.33 $ 127.00 $ 508.02 3804232 COLONY BRANCH 3850 E RIVERSIDE DR BURGLAR MONITORED $ 33.42 $ 100.27 $ 401.07 4333032 CUCAMONGA 1440 S CUCAMONGA AVE MONITORED VIDEO SERVICE $ 480.39 $ 1,441.17 $ 5,764.66 4109032 DE ANZA COMMUNITY CENTER 1405 S FERN AVE FIRE MONITORED $ 101.38 $ 304.14 $ 1,216.57 4186132 DE ANZA COMMUNITY CENTER 1405 S FERN AVE BURGLAR MONITORED $ 40.11 $ 120.32 $ 481.28 4220032 DE ANZA COMMUNITY CENTER 1405 S FERN AVE ACCESS CONTROL $ 65.73 $ 197.19 $ 788.76 4197232 DE ANZA TINY TOTS 1405 S FERN AVE BURGLAR MONITORED $ 45.68 $ 137.03 $ 548.12 4197432 DOROTHY QUESADA COMM CENTER 1010 S BON VIEW BURGLAR MONITORED $ 66.84 $ 200.53 $ 802.13 4171132 DOROTHY QUESADA COMM CTR 1010 S BON VIEW AVE FIRE MONITORED $ 437.83 $ 1,313.49 $ 5,253.97 4318932 ECON DEV 143 N EUCLID AVE BURGLAR AUTOLOG $ 61.27 $ 183.82 $ 735.29 4547432 ECON DEV 215 W C ST BURGLAR AUTOLOG $ 167.11 $ 501.33 $ 2,005.33 4361032 ECON DEV 207 N EUCLID AVE BURGLAR AUTOLOG $ 70.29 $ 210.86 $ 843.44 4635132 ECON DEV 210-218 N PALM AVE BURGLAR AUTOLOG $ 150.40 $ 451.20 $ 1,804.80 4361532 ECON DEV WAREHOUSE BA 1236 E AIRPORT DR BURGLAR AUTOLOG $ 191.68 $ 575.03 $ 2,300.12 4362632 ECON DEV WAREHOUSE FA 1236 E AIRPORT DR FIRE MONITORED $ 439.58 $ 1,318.74 $ 5,274.96 4227832 ELECTRICAL ROOM & UNDER GROUND 2200 E PHILADELPHIA ST BURGLAR MONITORED $ 41.78 $ 125.35 $ 376.05 4166532 FILTRATION PLANT / WAREHOUSE REAR . 4TH & CUCAMONGA AVE BURGLAR MON/FIRE SUB-OWNED $ 52.37 $ 157.12 $ 628.47 4175432 FIRE DEPT #5 1530 E 4TH ST FIRE MONITORED $ 88.92 $ 266.75 $ 1,067.00 4203532 FIRE DEPT #6 2931 E PHILADELPHIA ST FIRE MONITORED $ 255.98 $ 767.94 $ 3,071.77 4203632 FIRE DEPT #7 4901 VANDERBILT ST BURGLAR MONITORED $ 72.41 $ 217.24 $ 868.98 4203732 FIRE DEPT #8 3429 E SHELBY ST BURGLAR MONITORED $ 72.41 $ 217.24 $ 868.98 4230832 FIRE DEPT #9 2611 E GRAND PARK ST FIRE MONITORED $ 89.12 $ 267.37 $ 1,069.49 4134132 HOUSING DEV/CODE ENFORCEMENT 208 W EMPORIA ST FIRE MONITORED $ 237.22 $ 711.66 $ 2,846.64 4184832 HOUSING DEV/CODE ENFORCEMENT 208 W EMPORIA ST BURGLAR MONITORED $ 57.93 $ 173.80 $ 695.18 4107632 LIBRARY 215 E C ST FIRE MONITORED $ 229.50 $ 688.50 $ 2,753.99 4196232 LIBRARY 215 E C ST BURGLAR MONITORED $ 165.05 $ 495.16 $ 1,980.65 4586632 MUSEUM OF HISTORY 225 S EUCLID AVE INTERCOM $ 55.70 $ 167.11 $ 668.44 4113932 MUSEUM OF HISTORY 225 S EUCLID AVE FIRE MONITORED $ 100.27 $ 300.80 $ 1,203.20 4416132 MUSEUM STORAGE 1333 S BON VIEW AVE BURGLAR AUTOLOG $ 72.41 $ 217.24 $ 868.98 4122932 MUSUEM OF HISTORY & ART 225 S EUCLID AVE BURG/ACCESS $ 57.93 $ 173.80 $ 695.18 3877832 NW POLICE FACILITY 1140 W 6TH ST BURGLAR MONITORED $ 42.33 $ 127.00 $ 508.02 4333132 OMUC 1425 S BON VIEW AVE MONITORED VIDEO SERVICE $ 514.97 $ 1,544.91 $ 6,179.63 4147832 ONTARIO NET 3737 CONCOURS ST FIRE MONITORED $ 76.87 $ 230.61 $ 922.45 4155532 ONTARIO NET PARKING LOT FIBER STORAGE 3737 CONCOURS ST BURGLAR MONITORED $ 46.79 $ 140.37 $ 561.49 4221932 ONTARIO NET PARKING LOT- FIBER STORAGE 3737 CONCOURS ST CCTV - SERVICE ONLY $ - $ - $ - 4568732 ONTARIO SOCCER PARK 2200 E PHILADELPHIA ST BURGLAR AUTOLOG $ 111.41 $ 334.22 $ 1,336.89 4186332 POLICE AIR SUPPORT SCHOOL AIRPORT 2009 PORTERFIELD WAY BURGLAR MONITORED $ 40.11 $ 120.32 $ 481.28 4108232 POLICE DEPARTMENT 2500 S ARCHIBALD AVE FIRE MONITORED $ 1,721.69 $ 5,165.07 $ 20,660.28 4203832 POLICE OFFICERS ASSOCIATION BLDG 2558 S ARCHIBALD AVE FIRE MONITORED $ 57.93 $ 173.80 $ 695.18 4162332 POLICE SUB STATION 1 MILLS CIR BURGLAR MON/FIRE SUB-OWNED $ 100.35 $ 301.06 $ 1,204.23 4119732 PUBLIC WORKS 1425 S BON VIEW BURGLAR MON/FIRE SUB-OWNED $ 596.03 $ 1,788.09 $ 7,152.36 4173732 PUBLIC WORKS 1425 S BON VIEW AVE BURGLAR MONITORED $ 702.86 $ 2,108.57 $ 8,434.30 4191132 PUBLIC WORKS 1425 S BON VIEW AVE BURGLAR MONITORED $ 116.81 $ 350.43 $ 1,401.72 4050832 PUBLIC WORKS AGENCY #2 1440 S CUCAMONGA FIRE MONITORED $ 55.70 $ 167.11 $ 668.44 4374032 PW YARD LOCAL ACCESS 1425 S BON VIEW AVE ACCESS CONTROL $ - $ - $ - 4330532 PW/OMUC SHOP 1440 S CUCAMONGA AVE BURGLAR AUTOLOG $ 50.13 $ 150.40 $ 601.60 3933732 PWA 1425 S BON VIEW AVE BURGLAR MONITORED $ 48.21 $ 144.63 $ 578.52 4196532 PWA TRAILER / PUBLIC WORKS FACILITY 1425 S BON VIEW AVE BURGLAR MONITORED $ 40.11 $ 120.32 $ 481.28 4167132 REVENUE 1333 S BON VIEW AVE BURGLAR MONITORED $ 674.01 $ 2,022.04 $ 8,088.18 4180632 REVENUE 1333 S BON VIEW AVE FIRE MONITORED $ 212.79 $ 638.36 $ 2,553.46 4333232 REVENUE BLDG 1333 S BON VIEW AVE MONITORED VIDEO SERVICE $ 480.39 $ 1,441.17 $ 5,764.66 3948232 REVENUE WAREHOUSE 3 & 4 1333 S BON VIEW AVE BURGLAR MONITORED $ 144.83 $ 434.49 $ 1,737.96 4120932 SENIOR CENTER 225 E B ST BURGLAR MONITORED $ 42.33 $ 127.00 $ 508.02 4156232 SENIOR CENTER 225 E B ST FIRE MONITORED $ 122.55 $ 367.64 $ 1,470.58 3930032 SOCCER COMP ELECTRICAL RM & UNDER GROUND 2200 E PHILADELPHIA ST BURGLAR MONITORED $ 85.78 $ 257.35 $ 1,029.40 3842732 SOCCER COMPLEX SNACK SHOP 2200 E PHILADELPHIA ST BURGLAR MONITORED $ 43.45 $ 130.35 $ 521.39 3933032 TEMPERATURE FORENSICS 2500 S ARCHIBALD AVE INDUSTRIAL MONITOR $ 30.08 $ 90.24 $ 360.96 4498032 VACANT OMUC FILTRATION PLANT 960 N CUCAMONGA AVE BURGLAR AUTOLOG $ 80.31 $ 240.94 $ 963.76 3914532 VETERANS PARK COMMUNITY CENTER 1305 E D ST BURGLAR MONITORED $ 56.82 $ 170.45 $ 681.81 3803332 WAREHOUSE #2 1333 S BON VIEW AVE BURGLAR MONITORED $ 135.92 $ 407.75 $ 1,631.00 4332932 WAREHOUSE #3 1333 S BON VIEW AVE MONITORED VIDEO SERVICE $ 480.39 $ 1,441.17 $ 5,764.66 4348232 WAREHOUSE BA 1333 S BON VIEW AVE BURGLAR AUTOLOG $ 66.05 $ 198.16 $ 792.64 4373732 WAREHOUSE BA 1333 S BON VIEW AVE BURGLAR AUTOLOG $ 66.23 $ 198.70 $ 794.78 4373932 WAREHOUSE YARD LOCAL ACCESS 1333 S BON VIEW AVE ACCESS CONTROL $ - $ - $ - 4373832 WAREHOUSE YARD LOCAL CCTV 1333 S BON VIEW AVE CCTV $ - $ - $ - 4219832 WESTWIND 2425 E RIVERSIDE DR ACCESS CONTROL $ 65.73 $ 197.19 $ 788.76 4162532 WESTWIND SPORT CENTER 2455 E RIVERSIDE DR BURGLAR MONITORED $ 80.21 $ 240.64 $ 962.56 4199432 WESTWIND SPORT CNTR MAINT BLDG 2425 E RIVERSIDE DR BURGLAR MONITORED $ 33.42 $ 100.27 $ 401.07 4048732 WESTWIND SPORTS CENTER 2455 E RIVERSIDE DR FIRE MONITORED $ 80.21 $ 240.64 $ 962.56 TBD WEST END ANIMAL SHELTER (FIRE) FIRE MONITORED $ 455.28 $ 1,365.84 $ 5,463.36 TBD WEST END ANIMAL SHELTER (BURGLAR) BURGLAR MONITORED $ 101.77 $ 305.31 $ 1,221.24 TBD DOWNTOWN MOBILITY HUB FIRE MONITORED $ 455.28 $ 1,365.84 $ 5,463.36 TBD 603 N EUCLID 603 N EUCLID FIRE MONITORED $ 230.32 $ 690.96 $ 2,763.84 TBD 603 N EUCLID 603 N EUCLID BURGLAR MONITORED $ 91.05 $ 273.15 $ 1,092.60 TOTAL $ 15,476.32 $ 46,428.96 $ 185,590.53
856
46700.00100\40935194.1
BB&K (2024) Exhibit C MAINTENANCE SERVICES AGREEMENT
EXHIBIT “C”
COMPENSATION
FY 25-28 NOT-TO-EXCEED $622,101
LABOR RATES FOR GENERAL MAINTENANCE SERVICE AND
EMERGENCY SERVICES ARE AS FOLLOWS:
• Service Rates (reflecting state prevailing wage
requirements):
o $225.00 for trip + the first ½ hr.
o $165.00 for every ½ hr. thereafter.
o No overtime, weekend, or holiday charges.
o No minimum. Time calculated to nearest ½ hour.
FY 25/26 $173,366.92 ROUTINE MAINTENANCE
FY 26/27 $173,366.92 ROUTINE MAINTENANCE
FY 27/28 $173,366.92 ROUTINE MAINTENANCE
FY 25-28 $102,000 REPAIR SERVICES
857
Department: Fire Department
Prepared By: Sagar Patel
Staff Member Presenting: Mike Gerken, Fire
Chief
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 12
SUBJECT:
A SOLE SOURCE SERVICE AGREEMENT WITH TABLET COMMAND, LLC. FOR
INCIDENT COMMAND TRACKING SOFTWARE
CITY OF ONTARIO
Agenda Report
June 17, 2025
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That the City Council authorize the City Manager, or his designee, to execute a Sole Source Agreement for up to five years with Tablet Command, LLC. located in Walnut Creek, California, for the expanded use of the Tablet Command software application, for an amount not- to-exceed $520,421.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Maintain the Current High Level of Public Safety
Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT:
The Fiscal Year 2024-25 Budget includes appropriations in the Information Technology Fund for the Tablet Command software. If approved, appropriations will be included in the Information Technology Fund in future Annual Budget to City Council for approval as needed.
Under this proposed contract award amount, Staff recommends the appropriation be modified to accommodate the proposed
three-year contract with an optional fourth and fifth year, plus 10% contingency $47,311, for a total not-to-exceed amount of $520,421 over five years.
BACKGROUND & ANALYSIS:
In 2022, the Ontario Fire Department made a major technological advancement in providing service delivery by implementing the Tablet Command software application on units within the department. The application offers notification, incident command, response, resource management, and accountability solutions that integrate directly with the computer-aided dispatch (CAD) system.
Tablet Command, LLC, provides incident command and resources tracking software for interoperability to all fire agencies within San Bernardino County. The solution also has the sole ability to track the AMR ambulances as well as neighboring jurisdictional units throughout the County, which is necessary for the Ontario Fire Department to have the ability to make emergency operational decisions. Tablet Command has demonstrated continued progressive development with new product features and integrations on a regular basis. Most recently, the Ontario Fire Department has taken progressive steps towards integrating pre-plan and complex plans conducted by Fire Prevention directly into Tablet Command for use by Fire Suppression during 858
emergencies.
In December 2023, the Ontario Fire Department began providing full fire dispatch services to the Corona Fire Department. As part of this, various software systems directly tied to dispatching services have slowly been combined to maintain seamless connection for both agencies.
Combining services has also created opportunities for bulk pricing, thereby reducing the cost of service for each agency. In this instance, the proposed Sole Source Service Agreement is a consolidation of Tablet Command, LLC. services for the Ontario Fire Department and the Corona Fire Department and resulting in an annual savings for each agency.
Given the advanced features and expanding utilization of Tablet Command LLC., Staff recommend that the City approve a three-year Sole Source Service Agreement, with an optional fourth and fifth year, plus 10% contingency $47,311, for a total not-to-exceed amount of $520,421. This total not-to- exceed amount is inclusive of a potential 7.5% price escalation at the optional fourth and fifth years of the Service Agreement. This Agreement will ensure continued operational readiness and effectiveness, support further growth, and achieve the City’s goal to maintain the current high level of public safety.
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860
861
862
863
864
865
866
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871
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874
Department: Broadband Operations
Prepared By: Vanny Khu
Department: Information Technology
Prepared By: Vanny Khu
Staff Member Presenting: Jimmy Chang,
Broadband General Manager
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 13
SUBJECT:
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH AMERICAN THREAT ASSESSMENT CONSULTING, INC. AND ACCEPTANCE OF GRANT AWARD INCREASE FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND THE CALIFORNIA OFFICE OF EMERGENCY SERVICES PROVIDED THROUGH THE FY 2021
URBAN AREA SECURITY INITIATIVE (UASI) GRANT PROGRAM
CITY OF ONTARIO
Agenda Report
June 17, 2025
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That the City Council authorize the City Manager, or his designee, to execute:
A
.
Amendment No. 9 to the Security Cameras, Access Control, Paging/Duress Maintenance Services Agreement with American Threat Assessment Consulting, Inc. (A.T.A.C.) of Rancho Cucamonga, California, increasing the not-to-exceed contract amount to $2,493,963 and extending the term of the agreement to June 30, 2028;
B
.
All documents necessary to accept additional funding for a sub-grant award in the amount of $41,396 from the U.S. Department of Homeland Security and the California Office of Emergency Services provided through the FY 2021 Urban Area Security Initiative (UASI) Grant Program, and;
C
.
Amendment No. 10 to the Security Cameras, Access Control, Paging/Duress Maintenance Services Agreement with American Threat Assessment Consulting, Inc. (A.T.A.C.) of Rancho Cucamonga, California, increasing the not-to-exceed contract amount to $2,535,359 and extending the term of the agreement to June 30, 2030.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Pursue City's Goals and Objectives by Working with Other Governmental Agencies Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
FISCAL IMPACT:
The recommended Amendment No. 9 increases the authorized contract by $716,048, increasing the not-to-exceed contract total from $1,777,915 to $2,493,963. If approved, appropriations in the Broadband / Fiber and Information Technology Capital Projects fund will be included in future Annual Budgets to City Council for approval as needed for the Broadband / Fiber 875
Network Expansion Project.
The recommended Amendment No. 10 increases the authorized contract by $41,396 increasing the not-to-exceed contract total from $2,493,963 to $2,535,359. If approved, additional appropriations and revenues will be included in the Grants Fund in a future quarterly budget update to City Council for approval as needed. The City is not required to provide matching funds for the reimbursable grant.
BACKGROUND & ANALYSIS:
A.T.A.C. provides installation and maintenance services for the City’s security cameras. The initial agreement with A.T.A.C. began in 2019. Over this time, A.T.A.C. has provided the City with excellent support and continues to demonstrate a level of expertise to maintain the City’s camera systems and infrastructure, including the C Block Parking Structure, where high-resolution cameras were strategically installed to monitor vehicle entry/exit points, stairwells, and elevator lobbies.
As the City continues to expand its Real Time Information System and increasingly relies on surveillance technology to enhance safety, operational efficiency, and situational awareness, dependable and timely support is critical. This need has grown with the addition of new City facilities and service locations. The City’s new broadband storefront, for example, necessitates the installation of surveillance cameras to ensure the safety of staff, visitors, and equipment.
The current agreement is set to expire on July 31, 2025. Approval of Amendment No. 9 will extend term by an additional three years and increase the not-to-exceed contract amount by $716,048.
This amendment will ensure continued support for both the ongoing maintenance of existing systems and the installation of new surveillance equipment associated with the Broadband / Fiber Network Expansion Project. With the City’s continued infrastructure growth, maintaining a trusted, experienced partner like A.T.A.C. is essential to ensuring performance, system reliability, and uninterrupted service delivery.
The City Council previously approved the acceptance of grant funding under the Urban Area Security Initiative (UASI) Grant Program, administered by the U.S. Department of Homeland Security and the California Office of Emergency Services (CalOES), as follows:
On April 19, 2022, Council accepted Fiscal Year 2020 UASI grant funding in the amount of $603,025.
On August 16, 2022, Council accepted Fiscal Year 2021 UASI grant funding in the amount of $600,000.
Subsequently, on July 12, 2023, the City of Ontario executed Amendment No. 6 to the Professional Services Agreement with A.T.A.C., which added compensation and terms to support the Ontario Police Department’s use of UASI grant funds for the purchase and installation of cameras related to a Facial Recognition Project and associated infrastructure at Ontario International Airport (OIA).
On July 16, 2024, the City Council approved Amendment No. 8 and accepted additional funding from CalOES, increasing the FY 2020 UASI award by $128,810, for a revised total award of $731,835. 876
Most recently, on June 5, 2025, CalOES approved an additional increase to the FY 2021 UASI award by $41,395, bringing the new total to $641,396. In conjunction with this award, Amendment No. 10 will extend the term of the agreement with A.T.A.C. through July 31, 2030, ensuring compliance with the minimum five-year operational maintenance requirement for grant-funded equipment and continuing implementation of the Facial Recognition Project. 877
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