Cities Index.
UC Contract - Canon Solutions America, Inc

City Council and Authorities Concurrent
May 28, 2024

Document
UC Contract - Canon Solutions America, Inc
Meeting
May 28, 2024
Body
City Council and Authorities Concurrent
Pages
26
Original file
11.1 MB
Text extracted from the city's file for reading and search. Open the original on santaclara.legistar1.com. That file is the official record.

OMNIA PARTNERS EXHIBITS

EXHIBIT F - FEDERAL FUNDS CERTIFICATIONS

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

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

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

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

Federal awarding agency means the Federal agency that provides a Federal award directly to a non–Federal entity Federal award has the meaning, depending on the context, in either paragraph (a) or (b) of this section:
(a)(1) The Federal financial assistance that a non–Federal ent ity receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in § 200.101 Applicability; or (2) The cost-reimbursement contract under the Federal Acquisition Regulations that a non–Federal entity receives directly from a Federal awarding agency or indi rectly from a pass-through entity, as described in § 200.101 Applicability.
(b) The inst rument setting forth the terms and conditions. The instrument is the grant agreement, coopera tive agreement, other agreement for assistance covered in paragraph (b) of § 200.40 Federal financial assistance, or t he cost-reimbursement contract awarded under the Federal Acquisition Regulatio ns. (c) Federal award does not include other contracts that a Federal agency uses to buy goods or services from a contractor or a contract to operate Federal government owned, contractor o perated facilities (GOCOs). (d) See also definitions of Federal financial a ssistance, grant agreement, and cooperative agreement.

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

Nonprofit organization means any corporation, trust, association, cooperative, or other organization, not including IHEs, that:
(a) Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; (b) Is not organized primarily for profit; and
Requirements for National Cooperative Contract

OMNIA PARTNERS EXHIBITS

EXHIBIT F - FEDERAL FUNDS CERTIFICATIONS
(c) Uses net proceeds to maintain, improve, or expand the operations of the organization.

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

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

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

Simplified acquisition threshold means the dollar amount below which a non–Federal entity may purchase property or services using small purchase methods. Non–Federal entities adopt small purchase procedures in order to expedite the purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. 1908. As of the publication of this part, the simplified acquisition threshold is $150,000, but this threshold is periodically adjusted for inflation. (Also see definition of § 200.67 Micro-purchase.)
Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.

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

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

The following certifications and provisions may be required and apply when Participating Agency expends federal funds for any purchase resulting from this procurement process. Pursuant to 2 C.F .R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable.

APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

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

Does offeror agree? YES Initials of Authorized Representative of offeror
(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effecte
d and the basis for settlement. (All contracts in excess of $10,000) Pursuant to Federal Rule (B) above, when a Participating Agency expends federal funds, the Participating Agency reserves the right
to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror as detailed in the terms of the contract.

Does offeror agree? YES Initials of Authorized Representative of

Page 22 of 44 ends

OMNIA PARTNERS EXHIBITS

EXHIBIT F - FEDERAL FUNDS CERTIFICATIONS
Requirements for National Cooperative Contract
offeror
(C ) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 CFR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction con
tract, the equal opportunity clause is incorporated by reference herein.

Does offeror agree to abide by the above? YES In itials of Authorized Representative of offeror (
D) Davis-
Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prim e co
nstruction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a
c
opy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -
Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal
entity must report all suspected or reported violations to the Federal awarding agency.

Pursuant to Federal Rule (D) above, when a Participating Agenc y expends federal funds during the term of an award for all contr
acts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis-Bacon Act provisions.

Does offeror agree? YES I nitials of Authorized Representative of offeror (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by t
he non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations ( 29 CFR P
art 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and lab
orer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be i n com
pliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Participating Agency resulting from this procurement process.

Does offeror agree? YES I nitials of Authorized Representative of offeror (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a sm all b
usiness firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Sm all

Page 23 of 44 ends

OMNIA PARTNERS EXHIBITS

EXHIBIT F - FEDERAL FUNDS CERTIFICATIONS
Requirements for National Cooperative Contract

Page 24 of 44 ends

Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

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

Does offeror agree? YES Initials of Authorized Representative of offeror (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as am
ended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non - Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA)
Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (G) above.

Does offeror agree? YES I
nitials of Authorized Representative of offeror
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the Executive Office of the President Office of Ma nagement and Budget (OMB) guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherw ise ex
cluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

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

Does offeror agree? YES I nitials of Authorized Representative of offeror (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 m
ust 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 mu st als
o disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

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

Pursuant to Federal Rule (I) above, when federal funds are expended by Participating Agency, the offeror certifies that during th
e term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that:
(1)
No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or att
empting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal gran t, the
making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. (2)
If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or att
empting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congr ess, or an
employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall

OMNIA PARTNERS EXHIBITS

EXHIBIT F - FEDERAL FUNDS CERTIFICATIONS
Requirements for National Cooperative Contract

Page 25 of 44 ends

complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. (3)
The undersigned shall require that the language of this certification be included in the award documents for all cover ed sub
-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disc lose a
ccordingly.

Does offeror agree? YES Initials of Authorized Representative of offeror

RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The offeror further certifies that offeror will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

Does offeror agree? YES Initials of Authorized Representative of offeror

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

Does offeror agree? YES I nitials of Authorized Representative of offeror

CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with

respect to specific products to any Participating Agency upon request. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.

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

Does offeror agree? YES Initials of Authorized Representative of offeror

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

Does offeror agree? YES I nitials of Authorized Representative of offeror Offeror
agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above.

Offeror’s Name:
____________________________________________________________________________________________ Addr
ess, City, State, and Zip Code:
_____________________________________________________________________________ Canon Solutions America, Inc.

Corporate Headquarters: One Canon Park, Melville, NY 11747

OMNIA PARTNERS EXHIBITS

EXHIBIT F - FEDERAL FUNDS CERTIFICATIONS
Requirements for National Cooperative Contract

Page 26 of 44 ends

Phone Number:___________________________________ Fax Number:
______________________________________
Printed Name and Title of Authorized
Representative:______________________________________________________________________ Email Address:
____________________________________________________________________________________________ Signature of Authorized Representative: ____________________________________Date: _____________________________ 800.815.4000 N/A
Peter Kowalczuk, President
[email protected]
Confidentiality and Non-Disclosure Agreement

Form F-2ZP-1502 Rev. 04 termN Page 5 of 5 Supplier ________ CONFIDENTIAL Liebherr initials

9. Entire Agreement

9.1 This Agreement encompasses the entire understanding between the Parties with respect to the subject matter of this Agreement, and there are no representations, warranties, covenants, agreements or collateral understandings, oral or otherwise, express or implied, affecting this instrument that are not expressly set fort h herein. This Agreement supersedes any and all prior agreements, written or oral, heretofore made between the Parties with respect to the subject matter of this Agreement.

9.2 This Agreement may not be modified or amended except by a writing duly execut ed by authorised representatives of the respective Parties.

Each Party hereto has caused this Agreement to be duly executed by its respective duly authorised representative as follows:

Liebherr-America, Inc.
“Liebherr”
Canon Solutions America, Inc.
“Supplier”
By:
signature

By: _________________________
signature
Name: Dr. Neal H. Seymour

Title: Contracts Manager Name: Peter P . Kowalczuk

Date: 27th March, 2020 Title: President
Date: ______________________

10/31/19
03/16/20
KN
6/1/2020
Requirements for National Cooperative Contract

OMNIA PARTNERS EXHIBITS

EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE

NEW JERSEY BUSINESS COMPLIANCE
Suppliers intending to do business in the State of New Jersey must comply with policies and procedures required under New Jersey statues. All offerors submitting proposals must complete the following forms specific to the State of New Jersey. Completed forms should be submitted with the offeror’s response to the RFP. Failure to complete the New Jersey packet will impact OMNIA Partners’s ability to promote the Master Agreement in the State of New Jersey.

DOC #1
Ownership Disclosure Form
DOC #2 No
n-Collusion Affidavit
DOC #3 A
ffirmative Action Affidavit
DOC #4 P
olitical Contribution Disclosure Form
DOC #5 S
tockholder Disclosure Certification
DOC #6 C
ertification of Non-Involvement in Prohibited Activities in Iran DOC #7 N
ew Jersey Business Registration Certificate
New
Jersey suppliers are required to comply with the following New Jersey statutes when applicable:
• all anti
-discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A. 10:2-14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38; • Pre
vailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the contemplation of the Act;
• Publi
c Works Contractor Registration Act, N.J.S.A. 34:11-56.26; and • Bid
and Performance Security, as required by the applicable municipal or state statutes.

Requirements for National Cooperative Contract
OM

NIA PARTNERS EXHIBITS

EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
DOC #1

OWNERSHIP DISCLOSURE FORM
(N.J.S. 52:25-24.2)
Pur
suant to the requirements of P.L. 1999, Chapter 440 effective April 17, 2000 (Local Public Contracts Law), the o

fferor shall complete the form attached to these specifications listing the persons owning 10 percent (10%) or more of the firm presenting the proposal.

Com
pany Name:

Str
eet:

Ci
ty, State, Zip Code:

Complete as appropriate:

I _______________________________________, certify that I am the sole owner of ____________________________________, that there are no partners and the business is not incorporated, and the provisions of N.J.S. 52:25-24.2 do not apply.

OR:

I _______________________________________, a partner in___________________________, do hereby certify that the following is a list of all individual partners who own a 10% or greater interest therein. I further certify that if one (1) or more of the partners is itself a corporation or partnership, there is also set forth the names and addresses of the stockholders holding 10% or more of that corporation’s stock or the individual partners owning 10% or greater interest in th

at partnership.

OR:

I _______________________________________, an authorized representative of ______________________, a corporation, do hereby certify that the following is a list of the names and addresses of all stockholders in the corporation who own 10% or more of its stock of any class. I further certify that if one (1) or more of such stockholders is itself a corporation or partnership, that there is also set forth the names and addresses of the stockholders holding 10% or more of the corporation’s stock or the individual partners owning a 10% or greater interest in that partnership. (N
ote: If there are no partners or stockholders owning 10% or more interest, indicate none.) Name Address Interest
I f
urther certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief.

Date Authorized Signature and Title
Canon Solutions America, Inc.

Corporate Headquarters: One Canon Park
Melville, NY 11747
Peter Kowalczuk
Canon Solutions America, Inc.

Canon U.S.A., Inc. One Canon Park, Melville, NY 11747 100% Peter Kowalczuk

President

OMNIA PARTNERS EXHIBITS

EXHIBIT F - FEDERAL FUNDS CERTIFICATIONS
Requirements for National Cooperative Contract

Page 26 of 44 ends

Phone Number:___________________________________ Fax Number:
______________________________________
Printed Name and Title of Authorized
Representative:______________________________________________________________________ Email Address:
____________________________________________________________________________________________ Signature of Authorized Representative: ____________________________________Date: _____________________________ 800.815.4000 N/A
Peter Kowalczuk, President
[email protected]
Confidentiality and Non-Disclosure Agreement

Form F-2ZP-1502 Rev. 04 termN Page 5 of 5 Supplier ________ CONFIDENTIAL Liebherr initials

9. Entire Agreement

9.1 This Agreement encompasses the entire understanding between the Parties with respect to the subject matter of this Agreement, and there are no representations, warranties, covenants, agreements or collateral understandings, oral or otherwise, express or implied, affecting this instrument that are not expressly set fort h herein. This Agreement supersedes any and all prior agreements, written or oral, heretofore made between the Parties with respect to the subject matter of this Agreement.

9.2 This Agreement may not be modified or amended except by a writing duly execut ed by authorised representatives of the respective Parties.

Each Party hereto has caused this Agreement to be duly executed by its respective duly authorised representative as follows:

Liebherr-America, Inc.
“Liebherr”
Canon Solutions America, Inc.
“Supplier”
By:
signature

By: _________________________
signature
Name: Dr. Neal H. Seymour

Title: Contracts Manager Name: Peter P . Kowalczuk

Date: 27th March, 2020 Title: President
Date: ______________________

10/31/19
03/16/20
KN
6/1/2020

OMNIA PARTNERS EXHIBITS

EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
DOC#2

NON-COLLUSION AFFIDAVIT
Company Name: Canon Solutions America, Inc.

Street: Corporate Headquarters: One Canon Park
City, State, Zip Code:_M_e_lv_i_lle_,_N_Y_1_1_7_4_7 ________ _ State of New York
County of _S_u_ff_o_lk _________________ _
I, Peter Kowalczuk
Name
of the Melville
City
in the County of Suffolk , State of_N_e_w_Y_o_rk _____ _____ _ of full age, being duly sworn according to law on my oath depose and say that:

I am the President of the firm of Canon Solutions America, Inc.

Title Company Name
the Offeror making the Proposal for the goods, services or public work specified under the attached proposal , and that I executed the said proposal with full authority to do so; that said Offeror has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free , competitive bidding in connection with the above proposal, and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that relies upon the truth of the statements contained in said proposal and in the statements contained in this affidavit in awarding the contract for the said goods, services or public work.

I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by
Canon Solutions America, Inc.

Company Name
Subscribed and sworn before me
rd
this 6 day of .:f VV\~
R ~ ~
Notary Public of tv~ 'fo ,\l,.
,20 QO
My commission expires ::f UV\--e.. \ 9 , 20--2.3_
Requirements for National Cooperative Contract
PAMELA 11,1/1.RIMO
NOTARY PUBLIC, Stat& of New 'fork
Mo. 01 MA5C45376
Qualified in Suffolk County
Commisi;ion Expires June 19, 20 Q 3
Requirements for National Cooperative Contract
SEA
L

OMNIA PARTNERS EXHIBITS

EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
DOC #3

AFFIRMATIVE ACTION AFFIDAVIT
(P.L. 1975, C.127)
Co
mpany Name:

Street:

City, State, Zip Code:

Proposal Certification:

Indicate below company’s compliance with New Jersey Affirmative Action regulations. Company’s proposal will be accepted even if

company
is not in compliance at this time. No contract and/or
purchase order may be issued, however, until all Affirmative Action requirements are met.

Required Affirmative Action Evidence:

Procurement, Professional & Service Contracts (Exhibit A) Vendors must submit with proposal:

1. A photo copy of their Federal Letter of Affirmative Action Plan Approval OR

2. A photo copy of their Certificate of Employee Information Report OR

3. A complete Affirmative Action Employee Information Report (AA302) ________ Public Work – Over $50,000 Total Project Cost:

A. No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form AA201-A upon receipt from the
B. Appr
oved Federal or New Jersey Plan –

certificate enclosed
I fu
rther certify that the statements a nd information contained herein, are complete and correct to the best of my knowledge and belief.
_______________________
_________________________________
Dat e Authorized Signature and Title
Canon Solutions America, Inc.

Corporate Headquarters: One Canon Park
Melville, NY 11747
President
Peter Kowalczuk

OMNIA PARTNERS EXHIBITS

EXHIBIT F - FEDERAL FUNDS CERTIFICATIONS
Requirements for National Cooperative Contract

Page 26 of 44 ends

Phone Number:___________________________________ Fax Number:
______________________________________
Printed Name and Title of Authorized
Representative:______________________________________________________________________ Email Address:
____________________________________________________________________________________________ Signature of Authorized Representative: ____________________________________Date: _____________________________ 800.815.4000 N/A
Peter Kowalczuk, President
[email protected]
Confidentiality and Non-Disclosure Agreement

Form F-2ZP-1502 Rev. 04 termN Page 5 of 5 Supplier ________ CONFIDENTIAL Liebherr initials

9. Entire Agreement

9.1 This Agreement encompasses the entire understanding between the Parties with respect to the subject matter of this Agreement, and there are no representations, warranties, covenants, agreements or collateral understandings, oral or otherwise, express or implied, affecting this instrument that are not expressly set fort h herein. This Agreement supersedes any and all prior agreements, written or oral, heretofore made between the Parties with respect to the subject matter of this Agreement.

9.2 This Agreement may not be modified or amended except by a writing duly execut ed by authorised representatives of the respective Parties.

Each Party hereto has caused this Agreement to be duly executed by its respective duly authorised representative as follows:

Liebherr-America, Inc.
“Liebherr”
Canon Solutions America, Inc.
“Supplier”
By:
signature

By: _________________________
signature
Name: Dr. Neal H. Seymour

Title: Contracts Manager Name: Peter P . Kowalczuk

Date: 27th March, 2020 Title: President
Date: ______________________

10/31/19
03/16/20
KN
6/1/2020
Requirements for National Cooperative Contract
OM

NIA PARTNERS EXHIBITS

EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
DOC #3, continued P.L. 1995, c. 127 (N.J.A.C. 17:27)

MANDATORY AFFIRMATIVE ACTION LANGUAGE

PROCUREMENT, PROFESSIONAL AND SERVICE

CONTRACTS
During the performance of this contract, the contractor agrees as follows:

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non-discrimination clause.

The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation.

The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has

a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act.

The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent with the applicable county employment goal prescribed by N.J.A.C. 17:27

-5
.2 promulgated by the Treasurer pursuant to
P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J. A.C. 17:27

-

5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time.

The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job

-
related testing, as established by the statutes and court decisions of the state of New Jersey and as established by applicable Federal law and applicable Federal court decisions.

The contractor or subcontractor agrees to review all procedures relating to transfer, upgr

ading, downgrading and lay

-
off
to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex , affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.

The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant

to
Subchapter 10 of the Administrative Code (NJAC 17:27).
_______
_________________________________________
Signature of Procurement Agen

t
Peter Kowalczuk, President

OMNIA PARTNERS EXHIBITS

EXHIBIT F - FEDERAL FUNDS CERTIFICATIONS
Requirements for National Cooperative Contract

Page 26 of 44 ends

Phone Number:___________________________________ Fax Number:
______________________________________
Printed Name and Title of Authorized
Representative:______________________________________________________________________ Email Address:
____________________________________________________________________________________________ Signature of Authorized Representative: ____________________________________Date: _____________________________ 800.815.4000 N/A
Peter Kowalczuk, President
[email protected]
Confidentiality and Non-Disclosure Agreement

Form F-2ZP-1502 Rev. 04 termN Page 5 of 5 Supplier ________ CONFIDENTIAL Liebherr initials

9. Entire Agreement

9.1 This Agreement encompasses the entire understanding between the Parties with respect to the subject matter of this Agreement, and there are no representations, warranties, covenants, agreements or collateral understandings, oral or otherwise, express or implied, affecting this instrument that are not expressly set fort h herein. This Agreement supersedes any and all prior agreements, written or oral, heretofore made between the Parties with respect to the subject matter of this Agreement.

9.2 This Agreement may not be modified or amended except by a writing duly execut ed by authorised representatives of the respective Parties.

Each Party hereto has caused this Agreement to be duly executed by its respective duly authorised representative as follows:

Liebherr-America, Inc.
“Liebherr”
Canon Solutions America, Inc.
“Supplier”
By:
signature

By: _________________________
signature
Name: Dr. Neal H. Seymour

Title: Contracts Manager Name: Peter P . Kowalczuk

Date: 27th March, 2020 Title: President
Date: ______________________

10/31/19
03/16/20
KN
6/1/2020
Certification 2 3 8 2 0
This is to certify that the contractor listed below ha Employee lnforma N.J.A.C. 17:27-1.1 et. seq. and the State Treasure d said report. This effectforthe period of 5-FEB-20"19 5-FEB-2022
CANONS

ONE CAN

SUFFOLK
Requirements for National Cooperative Contract

OMNIA PARTNERS EXHIBITS

EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions

This page provides guidance to public agencies entering into contracts with business entities that are required to file Political Contribution Disclosure forms with the agency.

It is not intended to be provided

to contractors.

What follows
are instructions on the use of form local units can provide to contractors that are required to disclose political contributi

ons
pursuant to

N.J.S.A.

19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in Local Finance Notice 2006 - 1 ( http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). Please refer back to these instructions for the appropriate links, as the Local Finance Notices include links that are no longer operational.

1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and open” process (N.J.S.A.

19:44A-20.7).

2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with

the contract documents
or in an appropriate computer file and be available for public access.

The form is worded to accept this alternate
submission.

The text should be amended if electronic submission will not be allowed.

3. The submission must be

received
from the contractor

and

on file at least 10 days prior to award of the contract.

Resolutions of award should reflect that the disclosure has been received and is on file.

4. The contractor must disclose contributions made to candidate and party committees covering a wide range of public agencies, including all public agencies that have elected officials in the county of the public agency, state legislative positions, and various state entities. The Division of Local Government Services recommends that cont

ractors be
provided a list of the affected agencies. This will assist contractors in determining the campaign and political committees of the officials and candidates affected by the disclosure. a. The Division has prepared model disclosure forms for each county. They can be downloaded from the “County PCD Forms” link on the Pay

-
to-Play web site at

http://www.nj.gov/dca/divisions/dlgs/programs/lpcl.html#12.

They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative district (s). As the forms are county -based, they list all legislative districts

in each county.

Districts that do not represent
the public agency should be removed from the lists.
c. Some contractors may find it easier to provide a single list that covers all contributions, regardless of the county.

These submissions are appropriate and should be accepted. d. The form may be used “as-is”, subject to edits as described herein. e. The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are printed on the back of the form; where that is not the case, the text should be edited accordingly. f. The form is a Word document and can be edited to meet local needs, and posted for download on web sites, used as an e

-
mail attachment, or provided as a

printed document.

5. It is
recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract (See Local Finance Notice 2006

-
7 for additional information on this obligation at
http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). A sample Certification form is part of this package and the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable to Boards of Education.

DOC #4

OMNIA

PARTNERS EXHIBITS

EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-

20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to:
• any
State, county, or municipal committee of a political party • any legislative leadership committee*
• any
continuing political committee (a.k.a., political action committee) • any candidate committee of a candidate for, or holder of, an elective office:
o of the public entity awarding the contract
o of that county in which that public entity is located o of another public entity within that county
o or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions.

N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following:
• individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit • all principals, partners, officers, or directors of the business entity or their spouses • any subsidiaries directly or indirectly controlled by the business entity • IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity and filing as continuing political committees, (PACs).

When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall be deemed to be a contribution by th e business entity.” [ N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the d
isclosure.

Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an a
mount to be determined by the Commission which may be based upon the amount that the business entity failed to report.

T
he enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official an
d/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s responsibility to i
dentify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement.

T
he enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public R
ecords Act.

The contractor m ust also co mplete th e attached S tockholder D i sclosure Certification. This will assist th e agency in meeting its obligations under the law. NOTE: This se ction does n ot apply to Board of Education contracts. * N.J.S.A. 19:44A-3(s): “The term "legislative leadership co mmittee" means a committee established, au t horized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General A
ssembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the purpose of receiving contributions and making expenditures.” Requirements for National Cooperative Contract
Doc #4, continued
Requirements for National Cooperative Contract
OM

NIA PARTNERS EXHIBITS

EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant to N.J.S.A. 19:44A-

20.26 This form or its permitted facsimile must be submitted to the local unit no later than 10 days prior to the award of the contract.

Part I – Vendor Information
Vendor Name:

Address:

City: State: Zip:

The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance with the provisions of

N.J.S.A.
19:44A-20.26 and as represented by the Instructions
accompanying this form.
_______________
________ _______________________ ________________________ Signature Printed Name Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit.  Check here if disclosure is provided in electronic form Contributor Name Recipient Name Date Dollar Amount
$
 Check here if the information is continued on subsequent page(s) Doc #4, continued
Canon Solutions America, Inc.

Corporate Headquarters: One Canon Park
Melville NY 11747
Peter Kowalczuk President

OMNIA PARTNERS EXHIBITS

EXHIBIT F - FEDERAL FUNDS CERTIFICATIONS
Requirements for National Cooperative Contract

Page 26 of 44 ends

Phone Number:___________________________________ Fax Number:
______________________________________
Printed Name and Title of Authorized
Representative:______________________________________________________________________ Email Address:
____________________________________________________________________________________________ Signature of Authorized Representative: ____________________________________Date: _____________________________ 800.815.4000 N/A
Peter Kowalczuk, President
[email protected]
Confidentiality and Non-Disclosure Agreement

Form F-2ZP-1502 Rev. 04 termN Page 5 of 5 Supplier ________ CONFIDENTIAL Liebherr initials

9. Entire Agreement

9.1 This Agreement encompasses the entire understanding between the Parties with respect to the subject matter of this Agreement, and there are no representations, warranties, covenants, agreements or collateral understandings, oral or otherwise, express or implied, affecting this instrument that are not expressly set fort h herein. This Agreement supersedes any and all prior agreements, written or oral, heretofore made between the Parties with respect to the subject matter of this Agreement.

9.2 This Agreement may not be modified or amended except by a writing duly execut ed by authorised representatives of the respective Parties.

Each Party hereto has caused this Agreement to be duly executed by its respective duly authorised representative as follows:

Liebherr-America, Inc.
“Liebherr”
Canon Solutions America, Inc.
“Supplier”
By:
signature

By: _________________________
signature
Name: Dr. Neal H. Seymour

Title: Contracts Manager Name: Peter P . Kowalczuk

Date: 27th March, 2020 Title: President
Date: ______________________

10/31/19
03/16/20
KN
6/1/2020
Requirements for National Cooperative Contract
OM

NIA PARTNERS EXHIBITS

EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
Li
st of Agencies with Elected Officials Required for Political Contribution Disclosure N.J.S.A. 19:44A-20.26
Cou
nty Name:

State: Governor, and Legislative Leadership Committees
Legislative District #s:

State Senator and two members of the General Assembly per district.

Count
y:

Freeholders County Clerk Sheriff
{County Executive} Surrogate
Muni
cipalities (Mayor and members of governing body, regardless of title):

USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD

FROM THE PAY TO PLAY SECTION OF THE DLGS WEBSITE A
COUNTY-BASED, CUSTOMIZABLE FORM.

Doc #4, continued

OMNIA PARTNERS EXHIBITS

EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
DOC#5

STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:

El I certify that the list below contains the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the undersigned.

OR
D I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.

Check the box that represents the type of business organization:

DPartnership ~Corporation Dsole Proprietorship
C Limited Partnership C Limited Liability Corporation C Limited Liability Partnership D Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.

Stockholders:

Name: Canon U.S.A., Inc.

Home Address: One Canon Park
Melville, NY 11747
Name:

Home Address:

Name:

Home Address:
'3rd ...,..., Subscribed and sworn before me this _ day of ✓ UV\~ 2 o.ao PAMELA 11,Ji'.RIMO
NOTARY PUBLIC, St.me of New 'fork
(Notary Public) Mo. 01 MA5C45376
Qualified in Suffo lk County
My Commission exp'r&i;r.mis1.;ion Expires June 19, 20-13 Name:

Home Address:

Name:

Home Address:

Name:

Home Address:
(Affiant)
Peter Kowalczuk, President
(Print name & title of affiant)
Co orate Seal
Requirements for National Cooperative Contract
Requirements for National Cooperative Contract
OM

NIA PARTNERS EXHIBITS

EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
DOC #6
Certification of Non-Involvement in Prohibited Activities in Iran Pursuant to N.J.S.A. 52:32-58, Offerors must certify that neither the Offeror, nor any of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32 – 56(e) (3)), is listed on the Department of the Treasury’s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32 – 56(f).

Of
ferors wishing to do business in New Jersey through this contract must fill out the Certification of Non-Involvement in Prohibited Activities in Iran here:
http://www.state.nj.us/humanservices/dfd/info/standard/fdc/disclosure_investmentact.pdf.

Of
ferors should submit the above form completed with their proposal.

OMNIA PARTNERS EXHIBITS

EXHIBIT F - FEDERAL FUNDS CERTIFICATIONS
Requirements for National Cooperative Contract

Page 26 of 44 ends

Phone Number:___________________________________ Fax Number:
______________________________________
Printed Name and Title of Authorized
Representative:______________________________________________________________________ Email Address:
____________________________________________________________________________________________ Signature of Authorized Representative: ____________________________________Date: _____________________________ 800.815.4000 N/A
Peter Kowalczuk, President
[email protected]
Confidentiality and Non-Disclosure Agreement

Form F-2ZP-1502 Rev. 04 termN Page 5 of 5 Supplier ________ CONFIDENTIAL Liebherr initials

9. Entire Agreement

9.1 This Agreement encompasses the entire understanding between the Parties with respect to the subject matter of this Agreement, and there are no representations, warranties, covenants, agreements or collateral understandings, oral or otherwise, express or implied, affecting this instrument that are not expressly set fort h herein. This Agreement supersedes any and all prior agreements, written or oral, heretofore made between the Parties with respect to the subject matter of this Agreement.

9.2 This Agreement may not be modified or amended except by a writing duly execut ed by authorised representatives of the respective Parties.

Each Party hereto has caused this Agreement to be duly executed by its respective duly authorised representative as follows:

Liebherr-America, Inc.
“Liebherr”
Canon Solutions America, Inc.
“Supplier”
By:
signature

By: _________________________
signature
Name: Dr. Neal H. Seymour

Title: Contracts Manager Name: Peter P . Kowalczuk

Date: 27th March, 2020 Title: President
Date: ______________________

10/31/19
03/16/20
KN
6/1/2020
001811-Feb2020
Canon Solutions America, Inc.
✔
Peter Kowalczuk
President
06/03/20

Requirements for National Cooperative Contract
OM

NIA PARTNERS EXHIBITS

EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
DOC #7

NEW JERSEY BUSINESS REGISTRATION CERTIFICATE
(N.J.S.A. 52:32-44)
Offerors wishing to do business in New Jersey must submit their State Division of Revenue issued Business Registration Certificate with their proposal here. Failure to do so will disqualify the Offeror from offering products or services in New Jersey through any resulting contract. http
://www.state.nj.us/treasury/revenue/forms/njreg.pdf

Taxpayer Identification# 132-677-004/000
Dear Business Representative:
05/16/13
Congratulations! You are now registered with the New Jersey Division of Revenue.

Use the Taxpayer Identification Number listed above on all correspondence with the Divisions of Revenue and Taxation, as well as with the Department of Labor (if the business is subject to unemployment withholdings). Your tax returns and payments will be filed under this number, and you will be able to access information about your account by referencing it.

Additionally, please note that State law requires all contractors and subcontractors with Public agencies to provide proof of their registration with the Division of Revenue. The law also amended Section 92 of the Casino Control Act, which deals with the casino service industry.

We have attached a Proof of Registration Certificate for your use. To comply with the law, if you are currently under contract or entering into a contract with a State agency, you must provide a copy of the certificate to the contracting agency.
you·ij@ii~"'~-q~sti~,·~r:ijijf~~ffltirij1·,~;fprift~tibn: feet free to c~II our R~!stration Hotline at 09)2Q~~l921:, ' ••.. , :,h:." :/r::·t .'' ·t . • •• i
istt •·~:¢9~ihif~iJi~~~,~,,::(#\~9i~ ij~rtr~~ts.etj·d~avors. ft!f '. ;·>4 >~:,, .·
n :·•:w'::: n .......... ·>11
J ¾·
TAX J:4AME:
• .. ,Sincerely,
James J. Fruscione
Director
.. N~w Jersey Division of Revenue

STATE OF NEW JERSEY

BUSINESS REGISTRATION CERTIFICATE
1RADE NAME:
0 /~* '• ; ~;~i·:+.f
CANON:;'IO[OTIONS AMERICA, INC.

ADDRESS:
05/01/71
553
ISSUANCE DATE:
05/16/13 9--- .

Director
New Jersey Division of Revenue
Amount
of Sale

STATE OF NEW JERSEY

DEPARTMENT OF THE TREASURY

DIVISION OF TAXATION

SALES TAX COLLECTION SCHEDULE
RATE 7% EFFECTIVE JULY 15, 2008
Tax to be Amount
Collected of Sale
$0.01 to $0.10 .. None $5.91 to $6.10 ..

0.11 to 0.19 .. $0.01 6.11 to 6.19 ..

0.20 to 0.32 .. .02 6.20 to 6.32 ..

Tax to be
Collected
$0.42
.43
.44

0.33 to 0.47 .. . 03 6.33 to 6.47 .. · . .45

0.48 to 0.62 .. . 04 6.48 to 6.62 .. .46

0.63 to 0. 77 .. . 05 6.63 to 6. 77 .. .47

0.78 to 0.90 .. . 06 6.78 to 6.90 .. .48

0.91 to 1.10 .. . 07 6.91 to 7.10 .. .49

1.11 to 1.19 .. . 08 7.11 to 7.19 .. .50

1.20 to 1.32 .. . 09 7.20 to 7.32 .. .51

1.33 to 1.47 .. .10 7.33 to 7.47 .. . .52

1.48 to 1.62 .. . 11 7.48 to 7.62 .. .53

1.63 to 1. 77 .. . 12 7.63 to 7.77 .. .54

1.78 to 1.90 .. . 13 7. 78 to 7.90 .. .55

1.91 to 2.10 .. .14 7.91 to 8.10 .. ;56

2.11 to 2.19 .. .15 8.11 to 8.19 .. .57

2.20 to 2.32 .. .16 8.20 to 8.32 .. .58

2.33 to 2.47 .. .17 8.33 to 8.47 .. .59

2.48 to 2.62 .. .18 8.48 to 8.62 .. .60

2.63 to 2. 77 .. .19 8.63 to 8.77 .. .61

2.78 to 2.90 .. . 20 8. 78 to 8.90 .. .62

2.91 to 3.10 .. . 21 8.91 to 9.10 .. .63

3.11 to 3.19 .. .22 9.11 to 9.19 .. .64

3.20 to 3.32 .. . 23 9.20 to 9.32 .. .65

3.33 to 3.47 .. . 24 9.33 to 9.47 .. .66

3.48 to 3.62 .. . 25 9.48 to 9.62 .. .67

3.63 to 3. 77 .. .26 9.63 to 9.77 .. .68

3.78 to 3.90 .. .27 9.78 to 9.90 ... · .69

3.91 to 4.10 .. . 28 9.91 to 10.10 .. .70*

4.11 to 4.19 .. .29 Over $10 .... .70*

4.20 to 4.32 .. .30 Over $20 .... 1.40*

4.33 to 4.47 .. .31 Over $30 .... 2.10*

4.48 to 4.62 .. .32 Over $40 .... 2.80*

4.63 to 4. 77 .. .33 Over$50 .... 3.50*

4.78 to 4.90 .. .34 Over$60 •• ■• 4.20*

4.91 to 5.10 .. .35 Over$70 ••• ■ 4.90*

5.11 to 5.19 .. .36 Over$80 ••• ■ 5.60*

5.20 to 5.32 .. .37 Over$90 .... 6.30*

5.33 to 5.47 .. .38 Over$100 .... 7.00*

5.48 to 5.62 .. .39 Over$200 .... 14.00*

5.63 to 5. 77 .. .40 Over$300 .... 21.00*

5.78 to 5.90 .. .41 Over$400 .... 28.00*
• On amounts:-' -.ve $10.00, the tax shall be $0.07 on each full dollar of tti nount of sale, plus the tax on each part of a dollar in ex .. ess of a full dollar in accordance with the above formula. ST-75 /7-06)
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