Visalia City Council
November 18, 2024

Region 4 Solicitation 20-05 for Elevator Equipment, Service, Repair and Related Services Master Index:
• Cover Letter
• Master Index
• Entire RFP Document – 20-05 Elevator RFP
• Tab 1 – Draft Contract and Offer and Contract Signature Form (Appendix D) o Appendix A – Draft Contract
o Appendix B – Terms and Conditions Acceptance Form
o Appendix B – Terms and Conditions Acceptance Form Clarifications o Appendix B – Sub Clarification Form
• Tab 2 – Products/Pricing
o Region 4 #20-05 NTE Pricing 2020-2023
o Region 4 #20-05 NTE Billable Rates 2020-2023
o Region 4 – Evaluations Process Criteria – Questions Complete o thyssenkrupp Elevator 101 – Product Description Power Point o Updated Equipment Support 101
• Tab 3 – Performance Capability (Appendix D)
o Appendix D – Omnia Partners Document
o Appendix D – Supplier Responses
▪ Sales Force Structure – Section 3 Marketing Question H ▪ DNB thyssenkrupp Form
▪ 2017 Osha Report
▪ 2018 Osha Report
▪ 2019 Osha Report
▪ Thyssenkrupp Mission Statement
▪ Emergency and Callback Cutsheet
▪ Service Overview Brochure
o Performance Capabilities Form Completed
o Exhibit F – Federal Fund Certificates
o Exhibit G – New Jersey Business Compliance
• Tab 4 – Qualification and Experience
o Qualification and Experience Form Completed
▪ DNB Report
o References
• Tab 5 – Value Adds
o Value Adds Document
▪ Value Add #1 – New Installation (Sample Documents & Brochures) ▪ Value Add #2 – Modernization (Sample Documents & Brochures) ▪ Value Add #3 – Eco and Energy Saving Upgrades (Sample Documents and Brochures)

▪ Value Add #4 – Telephone Monitoring (Sample Brochure) • Tab 6 – Additional Required Documents (Appendix C)
o Appendix C – Docs 1-7
• Tab 7 – thyssenkrupp Additional Documents
o Omnia Partners 20-05 – Standard Service Agreement
o National Accounts PowerPoint
o Traction Maintenance Tasks – Callback and Repair Log
o Hydraulic Maintenance Tasks – Callback and Repair Log o Escalator Maintenance Tasks – Callback and Repair Log • Tab 8 – Addendums to Omnia Region 4 Solicitation 20-05 RFP o 20-05_Addendum#1 Signed
o 20-05_Addendum#2 Signed
o 20-05_Addendum#3 Signed
o 20-05_Addendum#4 Signed

ThyssenKrupp Elevator Corporation
114 Town Park Drive, Suite 300
Kennesaw, GA 30144
Telephone: 770.799.0400
Fax: 866.785.5571
Internet: www.thyssenkruppelevator.com

thyssenkrupp Elevator Corporation

April 25th, 2020

Omnia Solicitation 20-05
Region 4 Education Services Center (ESC)
7145 West Tidwell Rd
Houston, TX 77092

SUBJECT: REQUEST FOR PROPOSAL – Solicitation # 20-05 Elevator Equipment, Service, Repair and Related Services

Greetings,

thyssenkrupp would like to thank you for the opportunity to continue business with Omnia Partners.

We have attached all the required information requested through Solicitation #20-05 Elevator Equipment, Service, Repair and Related Services. We will not be submitting a proposal for Airport Bridge Maintenance and Baggage Handling Systems.

thyssenkrupp is a global leader in providing elevator services including service and repair of all types and all manufacturers of elevators. Each program is personalized to address preventative maintenance, parts repair and replacement, quality assurance, service requests and value added services according to your needs.

With well over a combined 150 years of technical experience, our technicians are well equipped to deliver maintenance and repair services to protect your investment, provide reliable elevator operation, maximize the longevity of your equipment and further enhance the high level of quality service expected by the staff and general public visiting these facilities.

We trust that we have provided you with an informative presentation for the elevator maintenance agreement; however, if you have any questions, please feel free to contact Jeff Jaudes at 972-365- 6128.

Sincerely,

Jeff Jaudes
National Accounts Manager

Jamie Blackman
National Accounts Coordinator

CONTRACT
16 APPENDIX A

DRAFT CONTRACT
This Contract (“Contract”) is made as of __________, 201X by and between (“Contractor”) and Region 4 Education Service Center
(“Region 4 ESC”) for the purchase of ___________________________________________(“the products and services”).

RECITALS

WHEREAS, Region 4 ESC issued Request for Proposals Number R______ for _______ (“RFP”), to which Contractor provided a response (“Proposal”); and

WHEREAS, Region 4 ESC selected Contractor’s Proposal and wishes to engage Contractor in providing the services/materials described in the RFP and Proposal;

WHEREAS, both parties agree and understand the following pages will constitute the Contract between the Contractor and Region 4 ESC, having its principal place of business at 7145 West Tidwell Road, Houston, TX 77092.

WHEREAS, Contractor included, in writing, any required exceptions or deviations from these terms, conditions, and specifications; and it is further understood that, if agreed to by Region 4 ESC, said exceptions or deviations are incorporated into the Contract.

WHEREAS, this Contract consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth below shall control.

WHEREAS, the Contract will provide that any 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”) may purchase products and services at prices indicated in the Contract upon the Public Agency’s registration with OMNIA Partners.

1) Term of agreement . The term of the Contract is for a period of three (3) years unless terminated, canceled or extended as otherwise provided herein. Region 4 ESC shall have the right to renew the Contract for two (2) additional one-year periods or portions thereof. Region 4 ESC shall review the Contract prior to the renewal date and notify the Contractor of Region 4 ESC’s intent renew the Contract. Contractor may elect not to renew by providing three hundred sixty-five days’ (365) notice to Region 4 ESC. Notwithstanding the e xpiration of the initial term or any subsequent term or all renewal options, Region 4 ESC and Contractor may mutually agree to extend the term of this Agreement. Contractor acknowledges and understands Region 4 ESC is under no obligation whatsoever to exte nd the term of this Agreement.
2) Scope: Contractor shall perform all duties, responsibilities and obligations, set forth in this agreement, and described in the RFP, incorporated herein by reference as though fully set forth herein.
3) Form of Contract. The form of Contract shall be the RFP, the Offeror’s proposal and Best and Final Offer(s).

CONTRACT
17 4) Order of Precedence. In the event of a conflict in the provisions of the Contract as accepted by Region 4 ESC, the following order of precedence shall prevail:
i. This Contract
ii. Offeror’s Best and Final Offer
iii. Offeror’s proposal
iv. RFP and any addenda

5) Commencement of Work. The Contractor is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives a purchase order for such work or is otherwise directed to do so in writing by Region 4 ESC. 6) Entire Agreement (Parol evidence) . The Contract, as specified above, represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable. 7) Assignment of Contract . No assignment of Contract may be made without the prior written approval of Region 4 ESC. Contractor is required to notify Region 4 ESC when any material change in operations is made (i.e. bankruptcy, change of ownership, merger, etc.). 8) Novation. If Contractor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor in interest must guarantee to perform all obligations under this Contract. Region 4 ESC reserves the right to accept or reject any new party. A change of name agreement will not change the contractual obligations of Contractor. 9) Contract Alterations. No alterations to the terms of this Contract shall be valid or binding unless authorized and signed by Region 4 ESC.
10) Adding Authorized Distributors/Dealers. Contractor is prohibited from authorizing additional distributors or dealers, other than those identified at the time of submitting their proposal, to sell under the Contract without notification and prior written approval from Region 4 ESC .

Contractor must notify Region 4 ESC each time it wishes to add an authorized distributor or dealer. Purchase orders and payment can only be made to the Contractor unless otherwise approved by Region 4 ESC . Pricing provided to members by added distributors or dealers must also be less than or equal to the Contractor’s pricing. 11) TERMINATION OF CONTRACT
a) Cancellation for Non-Performance or Contractor Deficiency. Region 4 ESC may terminate the Contract if purchase volume is determined to be low volume in any 12-month period.

Region 4 ESC reserves the right to cancel the whole or any part of this Contract due to failure by Contractor to carry out any obligation, term or condition of the contract. Region 4 ESC may issue a written deficiency notice to Contractor for acting or failing to act in any of the following:
i. Providing material that does not meet the specifications of the Contract; ii. Providing work or material was not awarded under the Contract; iii. Failing to adequately perform the services set forth in the Scope of Work and specifications;
iv. Failing to complete required work or furnish required materials within a reasonable amount of time;

CONTRACT
18 v. Failing to make progress in performance of the Contract or g iving Region 4 ESC reason to believe Contractor will not or cannot perform the requirements of the Contract; or
vi. Performing work or providing services under the Contract prior to receiving an authorized purchase order.

Upon receipt of a written deficiency notice, Contractor shall have ten (10) days to provide a satisfactory response to Region 4 ESC . Failure to adequately address all issues of concern may result in Contract cancellation. Upon cancellation under this paragraph, all goods, materials, work, d ocuments, data and reports prepared by Contractor under the Contract shall immediately become the property of Region 4 ESC. b) Termination for Cause. If, for any reason, Contractor fails to fulfill its obligation in a timely manner, or Contractor violates any of the covenants, agreements, or stipulations of this Contract Region 4 ESC reserves the right to terminate the Contract immediately and pursue all other applicable remedies afforded by law. Such termination shall be effective by delivery of notice, to the Contractor, specifying the effective date of termination. In such event, all documents, data, studies, surveys, drawings, maps, models and reports prepared by Contractor will become the property of the Region 4 ESC. If such event does occur, Contractor will be entitled to receive just and equitable compensation for the satisfactory work completed on such documents.
c) Delivery/Service Failures. Failure to deliver goods or services within the time specified, or within a reasonable time period as interpreted by the purchasing agent or failure to make replacements or corrections of rejected articles/services when so requested shall constitute grounds for the Contract to be terminated. In the event Region 4 ESC must purchase in an open market, Contractor agrees to reimburse Region 4 ESC , within a reasonable time period, for all expenses incurred.
d) Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosi ons, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or part ies when such settlement is unfavorable in the judgment of the party having the difficulty. e) Standard Cancellation. Region 4 ESC may cancel this Contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order.

12) Licenses. Contractor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by Contractor. Contractor

CONTRACT
19 shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services under the Contract. Region 4 ESC reserves the right to stop work and/or cancel the Contract if Contractor’s license(s) expire, lapse, are suspended or terminated.
13) Survival Clause . All applicable software licens e agreements, warranties or service agreements that are entered into between Contractor and Region 4 ESC under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued and accepted by Contractor shall survive expiration or termination of the Contract.
14) Delivery. Conforming product shall be shipped within 7 days of receipt of Purchase Order. If delivery is not or cannot be made within this time period , the Contractor must receive authorization for the delayed delivery. The order may be canceled if the estimated shipping time is not acceptable. All deliveries shall be freight prepaid, F.O.B. Destination and shall be included in all pricing offered unless otherwise clearly stated in writing. 15) Inspection & Acceptance. If defective or incorrect material is delivered, Region 4 ESC may make the determination to return the material to the Contractor at no cost to Region 4 ESC.

The Contractor agrees to pay all shipping costs for the return shipment. Contractor shall be responsible for arranging the return of the defective or incorrect material. 16) Payments. Payment shall be made after satisfactory performance, in accordance with all provisions thereof, and upon receipt of a properly completed invoice. 17) Price Adjustments. Should it become necessary or proper during the term of this Contract to make any change in design or any alterations that will increase price, Region 4 ESC must be notified immediately. Price increases must be approved by Region 4 ESC and no payment for additional materials or services, beyond the amount stipulated in the Contract shall be paid without prior approval. All price increases must be supported by manufacturer documentation, or a formal cost justification letter. Contractor must honor previous prices for thirty (30) days after approval and written notification from Region 4 ESC. It is the Contractor’s responsibility to keep all pricing up to date and on file with Region 4 ESC . All price changes must be provided to Region 4 ESC , using the same format as was provided and accepted in the Contractor’s proposal.

Price reductions may be offered at any time during Contract. Special, time-limited reductions are permissible under the following conditions: 1) reduction is available to all users equally; 2) reduction is for a specific period, normally not less than thirty (30) days; and 3) original price is not exceeded after the time-limit. Contractor shall offer Region 4 ESC any published price reduction during the Contract term.
18) Audit Rights. Contractor shall, at its sole expense, maintain appropriate due diligence of all purchases made by Region 4 ESC and any entity that utilizes this Contract. Region 4 ESC reserves the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. Region 4 ESC shall have the authority to conduct random audits of Contractor’s pricing at Region 4 ESC's sole cost and expense .

Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing being offered that is materially inconsistent with the pricing under this agreement, Region 4 ESC shall have the ability to conduct an extensive audit of Contractor’s pricing at Contractor’s

CONTRACT
20 sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a third- party auditing firm. In the event of an audit, the requested materials shall be provided in the format and at the location designated by Region 4 ESC.
19) Discontinued Products. If a product or model is discontinued by the manufacturer, Contractor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model.
20) New Products/Services. New products and/or services that meet the Scope of Work may be added to the Contract. Pricing shall be equivalent to the percentage discount for other products. Contractor may replace or add product lines if the line is replacing or supplementing products, is equal or superior to the original products, is discounted similarly or greater than the original discount, and if the products meet the requirements of the Contract. No products and/or services may be added to avoid competitive procurement requirements. Region 4 ESC may require additions to be submitted with documentation from Members demonstrating an interest in, or a potential requirement for, the new product or service. Region 4 ESC may reject any additions without cause.
21) Options. Optional equipment for products under Contract may be added to the Contract at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2) the option is an enhancement to the unit that improves performance or reliability.
22) Warranty Conditions. All supplies, equipment and services shall include manufacturer's minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in writing.
23) Site Cleanup. Contractor shall clean up and remove all debris and rubbish resulting from their work as required or directed. Upon completion of the work, the premises shall be left in good repair and an orderly, neat, clean, safe and unobstructed condition. 24) Site Preparation. Contractor shall not begin a project for which the site has not been prepared, unless Contractor does the preparation work at no cost, or until Region 4 ESC includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to:
moving furniture, installing wiring for networks or power, and similar pre -installation requirements.
25) Registered Sex Offender Restrictions. For work to be performed at schools, Contractor agrees no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students ar e or are reasonably expected to be present. Contractor agrees a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at Region 4 ESC’s discretion. Contractor must identify any addition al costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge.
26) Safety measures. Contractor shall take all reasonable precautions for the safety of employees on the worksite and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Contractor shall post warning signs against all hazards created by its operation and work in progress. Proper precautions shall be taken pursuant to s tate law

CONTRACT
21 and standard practices to protect workers, general public and existing structures from injury or damage.
27) Smoking. Persons working under the Contract shall adhere to local smoking policies.

Smoking will only be permitted in posted areas or off premises. 28) Stored materials. Upon prior written agreement between the Contractor and Region 4 ESC, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a lat er date. An inventory of the stored materials must be provided to Region 4 ESC prior to payment. Such materials must be stored and protected in a secure location and be insured for their full value by the Contractor against loss and damage. Contractor agrees to provide proof of coverage and additional ly insured upon request. Additionally, if stored offsite, the materials must also be clearly identified as property of Region 4 ESC and be separated from other materials. Region 4 ESC must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by Region 4 ESC , it shall be the Contractor's responsibility to protect all materials and equipment. Contractor warrants and guarantees that title for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance. 29) Funding Out C lause. A Contract for the acquisition, including lease, of real or personal property is a commitment of Region 4 ESC’s current revenue only. Region 4 ESC retains the right to terminate the Contract at the expiration of each budget period during the term of the Contract and is conditioned on a best effort attempt by Region 4 ESC to obtain appropriate funds for payment of the contract.
30) Indemnity. Contractor shall protect, indemnify, and hold harmless both Region 4 ESC and its administrators, employees and agents again st all claims, damages, losses and expenses arising out of or resulting from the actions of the Contractor, Contractor employees or subcontractors in the preparation of the solicitation and the later execution of the Contract.

Any litigation involving either Region 4 ESC, its administrators and employees and agents will be in Harris County, Texas.
31) Marketing. Contractor agrees to allow Region 4 ESC to use their name and logo within website, marketing materials and advertisement. Any use of Region 4 ESC name and logo or any form of publicity, inclusive of press releases, regarding this Contract by Contractor must have prior approval from Region 4 ESC.
32) Certificates of Insurance . Certificates of insurance shall be delivered to the Region 4 ESC prior to commencement of work. The Contractor shall give Region 4 ESC a minimum of ten (10) days’ notice prior to any modifications or cancellation of policies. The Contractor shall require all subcontractors performing any work to maintain coverage as specified. 33) Legal Obligations. It is Contractor’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services and shall comply with all laws while fulfilling the Contract. Applicable laws and regulation must be followed even if not specifically identified herein.

OFFER AND CONTRACT SIGNATURE FORM

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

Company Name
Address
City/State/Zip
Telephone No.

Email Address
Printed Name
Title
Authorized signature

Accepted by Region 4 ESC:

Contract No. ______________

Initial Contract Term to

Region 4 ESC Authorized Board Member Date

Print Name

Region 4 ESC Authorized Board Member Date

Print Name
thyssenkrupp Elevator
3100 Interstate N Circle, SE Suite 500
Atlanta, GA 30339
770-799-0478
[email protected]
Jeff Jaudes
National Account Manager

Appendix B

TERMS & CONDITIONS ACCEPTANCE FORM

Signature on the Offer and Contract Signature form certifies complete acceptance of the terms and conditions in this solicitation and draft Contract except as noted below with proposed substitute language (additional pages may be attached, if necessary) . The provisions of the RFP cannot be modified without the express written approval of Region 4 ESC. If a proposal is returned with modifications to the draft Contract provisions that are not expressly approved in writing by Region 4 ESC, the Contract provisions contained in the RFP shall prevail.

Check one of the following responses:

Offeror takes no exceptions to the terms and conditions of the RFP and draft Contract.

(Note: If none are listed below, it is understood that no exceptions/deviations are taken.)

Offeror takes the following exceptions to the RFP and draft Contract. All exceptions must be clearly explained, reference the corresponding term to which Offeror is taking exception and clearly state any proposed modified language, proposed additional terms to the RFP and draft Contract must be included:

(Note: Unacceptable exceptions may remove Offeror’s proposal from consideration for award. Region 4 ESC shall be the sole judge on the acceptance of exceptions and modifications and the decision shall be final.

If an offer is made with modifications to the contract provisions that are not expressly approved in writing, the contract provisions contained in the RFP shall prevail.)

Section/Page Term, Condition, or
Specification
Exception/Proposed Modification Accepted
(For Region 4
ESC’s use)

Appendix B

TERMS & CONDITIONS ACCEPTANCE FORM
The Minimum Requirements:
• In general, all elevator components shall be cleaned, lubricated, adjusted, and items worn or broken shall be repaired or replaced. Any replacement shall be at no additional charge to the Facility unless it has been approved in advance by the facility.
• Comply with environmental regulations, applicable codes and safe checks required under elevator industry standards.

Appendix A
Draft Contract
1) Commencement of Work. The Contractor is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives a purchase order for such work or is otherwise directed to do so in writing by Region 4 ESC.

11) TERMINATION OF CONTRACT
a) Standard Cancellation. Region 4 ESC may cancel this Contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order.
13) Survival Clause. All applicable software license agreements, warranties or service agreements that are entered into between Contractor and Region 4 ESC under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued and accepted by Contractor shall survive expiration or termination of the Contract.

18) Audit Rights. Contractor shall, at its sole expense, maintain appropriate due diligence of all purchases made by Region 4 ESC and any entity that utilizes this Contract. Region 4 ESC reserves the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. Region 4 ESC shall have the authority to conduct random audits of Contractor’s pricing at Region 4 ESC's sole cost and expense. Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing being offered that is materially inconsistent with the pricing under this agreement, Region 4 ESC shall have the ability to conduct an extensive audit of Contractor’s pricing at Contractor’s

Commented [BJ1]: As defined by the local agreement
between the member and local supplier.

Commented [BJ2]: At the time of agreement execution
between member and local supplier.

Commented [BJ3]: Or Contractor member.

Commented [BJ4]: Either Party
Commented [BJ5]: Cancellation of this agreement will
not affect any local agreement between member and
supplier.

Commented [BJ6]: Survival Clause: All applicable
software license agreements, warranties or service
agreements that were entered into between Vendor
and Customer under the terms and conditions of the
Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued and accepted
by Order Fulfiller shall survive expiration or termination of the Contract.

Commented [BJ7]: One (1) Year
thyssenKrupp Elevator Corporation

sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a third- party auditing firm.

In the event of an audit, the requested materials shall be provided in the format and at the location designated by Region 4 ESC.

Exhibit A
Response For National Cooperative Contract
The OMNIA Partners, Public Sector 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, Public Sector Administration Agreement (Exhibit B).

2.1 Corporate Commitment

Supplier commits that (1) the Master Agreement has received all necessary corporate authorizations and support of the Supplier’s executive management,(2) the Master Agreement is Supplier's primary “go to market” strategy for Public Agencies, (3) the Master Agreement will be promoted to all Public Agencies, including any existing customers, and Supplier will transition existing customers, upon their request, to the Master Agreement, and (4) that the Supplier has read and agrees to the terms and conditions of the Administ ration Agreement with OMNIA Partners, Public Sector 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.

2.2 Pricing Commitment

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

Commented [BJ8]: The Master agreement is one of
the suppliers primary go to market strategy go to
agencies.

Commented [BJ9]: Upon Request
Commented [BJ10]: Equal to or less than for similar
services.

RFP Page 12
IV. EVALUATION PROCESS AND CRITERIA

1. A committee will review and evaluate all responses and make a recommendation for award of Contract(s). The recommendation for Contract awards will be based on the predetermined criteria factors outlined in this section, where each factor is assigned a poin t value based on its importance. In evaluating the responses, the following predetermined criteria is considered:

a) Products/Pricing (40 Points)
b) Performance Capability (30 Points)
c) Qualification and Experience (20 Points)
d) Value Add (10 Points)

2. Offeror’s proposal should, at a minimum, include the following for Region 4 ESC’s evaluation:

a) Products/Services/Pricing
i. Offerors shall provide pricing based on a discount from a manufacturer’s price list or catalog, or fixed price, or a combination of both with indefinite quantities. Prices listed will be used to establish the extent of a manufacturer’s product lines, services, warranties, etc. that are available from Offeror and the pricing per item.

Multiple percentage discounts are acceptable if, where different percentage discounts apply, they different percentages are specified. Additional pricing and/or discounts may be included. Products and services proposed are to be priced separately with all ineligible items identified. Offerors may elect to limit their proposals to any category or categories.

• Complete Pricing information
▪ 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.
▪ Provide brand names, equipment manufacturer, equipment types, services and discount of published list price.
▪ Include freight (if applicable).
▪ Provide classifications of labor with billable rates for each respondent’s office(s), territories or district(s) along with any sub-office pricing as required. Each of these labor classification rates shall be fully burdened, defined and will be set for standard working hours (offeror shall describe these hours). Sub-contractor labor shall not be recognized. Each respondent shall determine their sub-contractor’s labor rate as a prime labor classification. For example, an electrician’s labor rate shall be calculated based on the respondent’s sub-contractor’s labor billable rate plus respondent’s normal margins on sub-contractor labor. Labor classification shall be provided in the response.
▪ Additionally, the hours for tasks identified in the Scope of Work shall use a benchmark against an established data set (e.g.; RS Means or others) to ensure that the hours provided can be verified. Each of these hourly tasks shall have a coefficient of labor against an established data set RFP Page 13
(e.g.; RS Means or others) city cost index by each respondent’s office(s), territories or district(s) to determine effectiveness of providing these tasks.
▪ Include a per diem rate.
▪ All labor rates will be based on standard hours. Indicate standard hours am to pm Monday to Friday.
▪ Overtime rates (after standard hours and Saturday) x Standard Rates.
▪ Overtime rates Sunday, Holidays) x Standard Rates.
▪ Minimum charge of hours for overtime work.

• See Not to Exceed Billable Rates by Branch in Bid Submission.

ii. Media submitted for price list must include the Offerors’ company name, name of the solicitation, and date on a Flash Drive (i.e. Pin or Jump Drives).

• Pricing Spreadsheet Attached in Bid Submission – Tab 2

iii. Is pricing available for all products and services?

• The Pricing Lists provided include not to exceed pricing for maintenance on specific unit types and not to exceed Billable Rates. Product pricing such as parts or upgrades would be negotiated between m ember and our local branch.

iv. Provide a summary of your product/service offering. Include brands that are serviced, as well, as any exclusions.

• 2.a.IV Document #1 - Updated Equipment Support 101

v. Describe general maintenance including written controls, hazardous material and quality control.

Quality Control – Our Way of Life
ThyssenKrupp embraces a customer -driven quality improvement process that generates continuous improvement and le arning at both the personal and professional level. The process is powered by the leadership of ThyssenKrupp managers at all levels who are the catalyst for developing performance objectives that are embraced throughout the organization and which bring val ue and honor to the company and its employees.

Our objective is to deliver superior elevator service, to distinguish the properties we service from those of our competitors, and to sustain consistently high levels of client/tenant satisfaction. To achieve these results we cultivate feedback processes RFP Page 14
by which we will hold ourselves accountable. These include: Weekly performance meetings among technicians and supervisors.

• Monthly performance meetings among technicians, supervisors and your account manager.
• Quarterly site inspections by supervisors and/or service managers documented by written reports.
• Regular Performance Conferences with building management. • Semi-annual quality audit often including an instrumented Vibration, Noise and Performance Analysis of each elevator and escalators. • Semi-annual Customer Satisfaction Survey that allows every customer to personally grade our performance on twelve critical factors.

Random, unannounced quality audits by ThyssenKrupp's regional field service auditors. Rep orting directly to the regional presidents, these independent auditors assure that branch service operations are consistent throughout the regions and corporation.

vi. Describe personnel training.

As your service provider, we build safety into everything we do. By meeting or exceeding national and local elevator codes for our equipment, we maintain a safe environment for your passengers as well as our technicians.

Through our expertise and training, we identify and eliminate potential hazards.

We also stay current with the latest:
• Service standards and processes
• Equipment inspections and certifications
• Construction and installation standards

By partnering with thyssenkrupp, you can count on us to provide safe and reliable vertical transportation to the riding public.

vii. Describe your ordering methods, online tracking and record keeping system.

Agency reach out to the National point of contact for ordering, online tracking and record keeping.

RFP Page 15
viii. Describe any special offers, promotions, additional discounts or rebates available.

Additional discounts or rebates may be offered for large quantity orders, single ship to location, growth, annual spend, guaranteed quantity, etc.

Early Payment Discounts
Semi- Annual Pre- Payment
Discount 1%
Annual Pre-Pay 2%

ix. Describe how customers verify they are receiving Contract pricing.

If a member needs verification that they are receiving the Omnia pricing they will be able to reach out to the Omnia National Accounts Point of Contact. We will verify the information for them and if incorrect will make adjustments as necessary.

x. Describe payment methods offered.

• Our local branch will send invoices to the location/member • National Accounts also has a consolidated billing option as well as a Web-Billing department. No fees are associated with any of these options. • Credit Card Payments as well.

xi. Propose the frequency of updates to the Offeror’s pricing structure. Describe any proposed indices to guid e 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.

The Not to Exceed Pricing Sheets included in the Bid Submission have pre- escalated pricing for each year of the Omnia Agreement. Each year was escalated by 3%.

xii. Describe how future product introductions will be priced and align with Contract pricing proposed.

New product information will be communicated to Omnia when it is implemented.

The pricing will be negotiated between the member and our local branch sales force.

xiii. Provide any additional information relevant to this section.

Not to Exceed Pricing. Region 4 ESC requests pricing be submitted as not to exceed pricing.

Unlike fixed pricing, the Contractor can adjust submitted pricing lower if needed but, cannot exceed original pricing submitted. Contractor 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
RFP Page 16
b) Performance Capability

i. Include a detailed response to Appendix D, Exhibit A, OMNIA Partners Response for National Cooperative Contract. Responses should highlight experience, demonstrate a strong national presence, describe how Offeror will educate its national sales force about the Contract, describe how products and services will be distributed nationwide, include a plan for marketing the products and services nationwide, and describe how volume will be tracked and reported to OMNIA Partners.

After the first notification of award, region, district sales managers and National Sales Managers will have a meeting regarding setup of the Omnia agreement.

National accounts will also provide a Omnia package with all of local and district sales employees as one of our primary go-to market vehicles This package will include instructions on the program including; new contract, pricing matrix, the current membership roster and a billing setup letter including the names and phone numbers for National Accounts point of contact if they were to have any additional questions. National Accounts already has a great reporting relationship with Omnia. We have a single point of contact within National Accounts that will track and report to Omnia Partners

ii. The successful Offeror will be required to sign Appendix D, Exhibit B, OMNIA Partners Administration Agreement prior to Contract award. Offerors should have any reviews required to sign the document prior to submitting a response.

Offeror’s response should include any proposed exceptions to OMNIA Partners Administration Agreement on Appendix B, Terms and Conditions Acceptance Form.

iii. Include completed Appendix D, Exhibits F. Federal Funds Certifications and G.

New Jersey Business Compliance.

iv. Describe how Offeror responds to emergency orders.

Emergency Orders will be reviewed and agreed upon by the local branch. This does not apply to emergency service calls.

v. What is your business philosophy?

We are ThyssenKrupp – the technology and material company.

Competence and diversity, global reach, and tradition from the basis of our worldwide market leadership. We create value for customers, employees and shareholders.

We hold ourselves to the highest standards.

We engage as entrepreneurs, with confidence, a passion to perform, and courage, aiming to be best in class. This is based on the dedication and RFP Page 17
performance of every team member. Employee development is especially important. Employee health and workplace safety have top priority.

We meet the challenges of tomorrow with our customers.

We are customer focused. We develop innovative products and services that create sustainable infrastructures and promote efficient use of resources.

We share common values.

We serve the interests of the Group. Our interactions are based on transparency and mutual respect. Integrity, credibility, reliability and consistency define everything we do. Compliance4 is a must. We are a responsible corporate citizen.

Our Vision Statement
Americas Team PROGRESS vision is to provide the highest level of service to our customers through a skilled workforce using proven business practices, advanced technology and up-to-date information for optimal decision-making at all levels

vi. What is your practice to assist agency in prioritization schedules for repair and maintenance?
Schedules and Repairs will be reviewed and agreed upon by the local branch.

vii. What is Offeror’s average on time callbacks?

For an emergency such as an entrapment, these should be responded to in +/- 1 (one) hour during normal business hours, if not sooner. For an entrapment after normal business hours, we would strive for onsite response in less than 2 hours.

For non-emergencies service requests during normal business hours, we should meet same day response. For non-emergency service requests after normal business hours, we will strive to provide response by the following business day.

viii. What is the Offeror’s “Emergency Call Back” process? What is the average response time?

For an emergency such as an entrapment, these should be responded to in +/- 1 hour during normal business hours, if not sooner.

ix. If applicable, describe your Inspection Services and process.

Machinery with constant use requires constant care. For elevators and escalators, this means regular inspections and adjustments. But even with the best care, equipment occasionally breaks down That’s where our service packages matter. Whether your elevator is used once a week in a church, or in a hospital that operates 24/7/365, we’ve got you covered. This includes expert RFP Page 18
service for competitor equipment, such as Otis, KONE, Schindler, Fujitec and Mitsubishi.

Like any good partnership, we’re with you for the long haul. Our professionals can help you understand your elevator’s life cycle and plan for necessary capital expenditures. Capital planning is an imperative and we’re ready to help.

x. Describe your ability to keep occupied work sites protected and waste free.

Through our preventative maintenance programs, we regularly inspect your equipment and perform necessary adjustments. This leads to increased uptime and fewer tenant complaints.

xi. Describe Offeror’s ability to meet service and warranty needs.

As the largest elevator services provider in the Americas we have proven ourselves as the leader in service provided to our customers.

xii. Describe Offeror’s customer service/problem resolution process. Include hours of operation, number of services, etc.

Regular and Routine Maintenance hours are 7am to 4pm unless negotiated differently by the local branch and member.

Your tenants are busy and have high expectations. The last thing you need are unreliable elevators.

Choose thyssenkrupp as your service partner, and you’ll be backed by a company with more than 70 years of experience keeping equipment moving safely. We have more than 100 branches across the U.S., and our technicians are available day and night.

You can al ways count on our:

• 2,600 highly-trained service technicians, experts in thyssenkrupp and third- party (OEM) equipment
• 24/7 emergency service availability from technicians who are always nearby
• 24/7 thyssenkrupp call center, standing by to quickly take your call • Customer Portal, an online tool for managing your elevator account and placing service requests
• Global network of engineers and experts, International Technical Services • Advanced diagnostic tools for communicating with thyssenkrupp and third- party equipment
• Predictive maintenance solution, MAX, which dramatically improves elevator uptime using Internet of Things (IoT) technology • Dedicated account managers, your point of contact for account-related issue
• Capital planning services to help you budget for future expenses

RFP Page 19
Describe Offeror’s invoicing process. Include payment terms and acceptable methods of payments. Offerors shall describe any associated fees pertaining to credit cards/p- cards.
• Service: Typically, we will bill monthly or quarterly in advance. Payment is expected NET 30.
• Repair: 50% upon award, 50% upon completion of the work. • Construction: Progressively in line with percentage of completion. 10% retainage.
• However, with advanced notice we can accommodate most any billing and collection terms
• Our local branch will send invoices to the location/member • National Accounts also has a consolidated billing option as well as a Web-Billing department. No fees are associated with any of these options.

xiii. Describe Offeror’s contract implementation/customer transition plan. • 30 Days:

Notify the regional and district Sales Associates of the Award. • 60 Days:

Hold a TKE internal kick off conference call / Webinar
Supply all necessary resources (Membership Roster, New Contract, Pricing Matrix etc.)
Train TKE employees on procedure
• 90 Days:

Schedule a TKE conference call with all branch Sales Managers to get an update on the progress of this program.

Regional Sales meeting to discuss process and continued implementation

xiv. Describe the financial condition of Offeror.
https://www.thyssenkrupp.com/en/investors/reporting-and-publications/ xv. Provide a website link in order to review website ease of use, availability, and capabilities related to ordering and reporting. Describe the website’s capabilities and functionality.
https://www.thyssenkrupp.com
Reporting data for locations is only given to member/customer.

xvi. Describe the Offeror’s safety record.

DNB Report and 2017,2018 and 2019 Osha Reports included with Bid Submission under Tab 3.
xvii. Provide any additional information relevant to this section.

.0 SUPPLIER RESPONSE

Supplier must supply the following information in order for the Principal Procurement Agency to determine Supplier’s qualifications to extend the resulting Master Agreement to Participating Public Agencies through OMNIA Partners, Public Sector.

.1 Company

A. Brief history and description of Supplier to include experience providing similar products and services.

ThyssenKrupp Elevator is a US $1.7 billion dollar company that manufactures, installs and services a wide variety of passenger and freight needs. Headquartered in Atlanta, Georgia, ThyssenKrupp Elevator Corporation provides a full range of elevators, lifts and escalators for all types of passenger and freight applications. Complete elevator systems, including all major components, are manufactured at our plants in Tennessee, Mississippi, Toronto and New York City. ThyssenKrupp Elevator is represented by over 135 branches and 250 local representatives in the United States and Canada and employs over 10,000 manufacturing, installation, service, repair, sales and management professionals. Most impressive is the fact that we individually service nearly 240,000 elevators, escalators and lifts in North America, over 50,000 of which were manufactured and installed by other companies.

ThyssenKrupp Elevator’s ultimate parent is ThyssenKrupp AG, a large German corporation headquartered in Düsseldorf. ThyssenKrupp AG’s predecessor, Thyssen AG entered the North American vertical transportation market in the 1980’s, and was growing its business, when it acquired Dover Elevator Company in July 1999. Dover was well established in the U.S. market, and the merger of these two companies created the largest vertical transportation company in North America.

Thyssen and Dover Elevator joined forces as ThyssenKrupp Elevator with one purpose: to exceed customer expectations with a powerful combination of products, services and technology

B. Total number and location of sales persons employed by Supplier. • Pacific Northwest - 52
• California - 59
• Southwest - 47
• Midwest - 73
• Central US - 52
• South – 50
• Southeast - 53
• Florida - 56
• Mid-Atlantic - 48
• Northeast - 53
• TOTAL – 546 Sales employees

C. Number and location of support centers (if applicable) and location of corporate office.
• ITS – Coppell, TX
• 24 Hour Call Center – Coppell TX – 1-866-634-5460
• Corporate Office : 3100 Interstate North Circle SE
Suite 500
Atlanta, GA 30339 – 770-799-0478

D. Annual sales for the three previous fiscal years.

• 2017 - $2,473M
• 2018 - $2,604M
• 2019 - $2,759M
• Service Sales only.
b. Submit FEIN and Dunn & Bradstreet report.
• Exhibit 2 - DNB TKE 3.12.20.

E. Describe any green or environmental initiatives or policies.

Sustainability is embedded in the strategies, policies and business practices of ThyssenKrupp Elevator Americas. We strive to create a culture that fosters greener solutions for every aspect of our business, from daily operations to the materials we use in our products. By implementing the right actions today, we are making a better world for tomorrow.
• Green Rating Systems and LEED - Our commitment to green building is companywide. We are a corporate-level member of the US Green Building Council and a Visionary Sponsor of the Living Building Challenge
• Material Transparency - We are at the forefront of the building industry – pioneering a new vision of manufacturing product transparency.
• Products and Services - From elevator fluids to lighting, our products and services are designed with the environment in mind. • Corporate Citizenship - Looking out for our people and our communities is just as important to us as building premium products.

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 o f diversity alliances and a copy of their certifications.

• thyssenkrupp Elevator Routinely engages in the practice of proper methods to fairly. distribute business opportunities. ThyssenKrupp Elevator has minority vendors available should the need arise for services and the services provided are in compliance with elevator safety and union requirements.
• All personal who provide services to our customers are thyssenkrupp employees and union members.

G. Indicate if supplier holds any of the below certifications in any classified

areas and include proof of such certification in the response:
a. Minority Women Business
Enterprise Yes X No
If yes, list certifying agency:

b. Small Business Enterprise (SBE) or Disadvantaged Business Enterprise

Yes x No
If yes, list certifying agency:
c. Historically Underutilized Business (HUB)
Yes x No
If yes, list certifying agency:
d. Historically Underutilized Business Zone Enterprise (HUBZone) Yes x No
If yes, list certifying agency:
e. Other recognized diversity certificate holder
Yes x No

If yes, list certifying agency:

H. List any relationships with subcontractors or affiliates intended to be used when providing services and identify if subcontractors meet minority-owned standards. If any, list which certifications subcontractors hold and certifying agency.

All work is performed by highly trained and dedicated union employees. thyssenkrupp is totally responsible for their employment and performance. When subcontractors are occasionally brought in to perform a highly specialized function, they are always under thyssenkrupp’s direct supervision. thyssenkrupp has a small business sub-contracting plan as required by the Federal Government and is posted on the Federal Government Website. All efforts are made to meet or exceed that plan.

I. Describe how supplier differentiates itself from its competitors.

At thyssenkrupp Elevator, our goal is to achieve a partnership with our customers that permit us to meet their vertical transportation needs now and in the future.

Our aim is to make a direct contribution to our customer’s success. We are committed to the continual improvement of our service business and endeavor to maintain our position as the peerless leader in our industry. We supply all aspects of our industry from manufacturing to end user services.

J. Describe any present or past litigation, bankruptcy or reorganizatio n involving supplier.

Notwithstanding, ThyssenKrupp Elevator Corporation is a $2.2 billion company. Lawsuits do occur and exist; however, TKEC has adequate risk management, legal and insurance safeguards in place to protect itself and its customers when required. ThyssenKrupp Elevator has not been involved in bankruptcy or reorganization.

Corporate Press Release
“thyssenkrupp sells its Elevator Technology business entirely to a consortium led by Advent, Cinven and RAG foundation. The respective Executive Board decision was approved on Thursday evening by the Supervisory Board of thyssenkrupp AG. The purchase agreement has been signed. Closing of the transaction is expected by the end of the current fiscal year. The purchase price [1] is €17.2 billion. thyssenkrupp will reinvest part of the purchase price (€1.25 billion) in a stake in the elevator business. The transaction is subject to merger control approvals, although thyssenkrupp does not expect the competent authorities to have any reservations. The proceeds from the transaction will remain within the company and are to be used to the extent necessary to strengthen the balance sheet. Alongside this, the proceeds shall be used to advance the development of the remaining businesses and the portfolio. As announced at the Annual General Meeting at the end of January, thyssenkrupp is proceeding the analysis phase so that a decision on the concrete use of funds can be taken in May.”
Business to proceed as normal.

K. Felony Conviction Notice: Indicate if the supplier –None of the below a. is a publicly held corporation and this reporting requirement is not applicable; N/A
b. is not owned or operated by anyone who has been convicted of a felony; or – N/A
c. is owned or operated by and individual(s) who has been convicted of a felony and provide the names and convictions. – N/A
L. Describe any debarment or suspension actions taken against supplier None

.2 Distribution, Logistics

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

SoundNet, our on-site 24/7 dispatch center, monitors elevator telephones, dispatches service calls and answers phone calls for of offices across the U.S. and Canada. SoundNet serves ThyssenKrupp Elevator and its affiliates 365 days a year.

Manufacturing: thyssenkrupp Elevator manufacture Hydraulic, traction, dumbwaiters and escalator vertical transportation.

New Installation: In 2015 thyssenkrupp partnered with Microsoft Azure enterprise to introduce the MAX, an elevator extension to bring the technology into the Internet of Things. Instead of delivering a brand-new elevator, thyssenkrupp’ s MAX is a box that costs "less than an iPad" and attaches to existing elevators. The MAX keeps tabs on the elevator's vitals so it can send maintenance calls when it senses parts wearing out and, once enough data is collected, make data models that set up maintenance calls before parts break. By using MAX, large buildings and skyscrapers can set their elevators to anticipate rush-hour surges in the lobby or on upper level floors that have higher demand. In addition, MAX, powered by Microsoft’s Azure cloud technology, can help drive a wide range of other efficiencies, like keycard connectivity that can automatically whisk riders directly to their floor. MAX uses the cloud to monitor each individual component of the elevator, so each lift can get planned proactive maintenance before it breaks down, rather than unexpected work afterwards.

Modernizations: thyssenkrupp Elevator is fully capable to modernize all types of vertical transportation.

Parts and Supplies: Our local offices have immediate access to normal wear & tear components and 24/7 turnaround on many non-stock items.

Additionally, (ITS) International Technical Services in Dallas, TX provides direct board and drive repair /exchange capabilities. Having this “internal component” is both unique in our industry and critical to maintaining a high level of equipment availability.

Service: thyssenkrupp Elevator provides local and national service for all vertical transportation systems
Consulting: Site Audits for contract compliance and Capital Planning.

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.

Services are scheduled and provided at a local branch level.

Distribution of products will be managed at the local level, we have branches/locations worldwide.

C. Describe how Participating Agencies are ensure 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.

A singular point of contact in the National Accounts Department has been established to coordinate with the local branches to ensure that pricing meets the requirements of the master agreement. Should the member request an additional audit, the request would be made through that point of contact to verify in document compliance from the local branch.

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

None, thyssenkrupp provides processing, handling and shipping of our products/services to the end user.

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

thyssenkrupp Materials Industrial Service:
4056 Homewood Rd, Memphis, TN 38118

.3 Marketing and Sales

A. Provide a detailed ninety -day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as supplier’s primary go to market strategy for Public Agencies to supplier’s teams nationwide, to include, but not limited to:

i. 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, Public Sector team within first 90 days
Thirty days after the first notification of award, region and district sales managers and National Sales Managers will have a meeting regarding setup of the Omnia agreement. National accounts will also provide a omnia package with all of local and district sales employees as one of our primary go-to market vehicles This package will include instructions on the program including; new contract, pricing matrix, the current membership roster and a billing setup letter including the names and phone numbers for National Accounts point of contact if they were to have any additional questions.

• 30 Days:
• Notify the regional and district Sales Associates of the Award.
• 60 Days:
• Hold a TKE internal kick off conference call / Webinar • Supply all necessary resources (Membership Roster,
New Contract, Pricing Matrix etc.)
• Train TKE employees on procedure
• 90 Days:
• Schedule a TKE conference call with all branch Sales
Managers to get an update on the progress of this
program.
• Regional Sales meeting to discuss process and
continued implementation

B. Provide a detailed ninety -day plan beginning from award date of the Master Agreement describing the strategy to market the Master Agreement to current Participating Public Agencies, existing Public Agency customers of Supplier, as well as to prospective Public Agencies 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 details and contact information published on the Supplier’s website within first 90 days iii. Design, publication and distribution of co -branded marketing materials within first 90 days
iv. Commitment to attendance and participation with OMNIA Partners, Public Sector at national (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e. Regional NIGP Chapter Meetings, Regional Cooperative Summits, etc.) and supplier -specific trade shows, conferences and meetings throughout the term of the Master Agreement
v. Commitment to attend, exhibit and participate at the NIGP Annual Forum in an area reserved by OMNIA Partners, Public Sector for partner suppliers. Booth space will be purchased and staffed by Supplier. In addition, Supplier commits to provide reasonable assistance to the overall promotion and marketing efforts for the NIGP Annual Forum, as directed by OMNIA Partners, Public Sector.
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.) Within the first 90 days of the award ThyssenKrupp will:
• On our internal website we will post a link to all required documents and forms to sell these services to the membership
• On our social media site we will post a link to the Omnia and Region 4 ESC website
• When participating in trade shows within our industry posting placards stating that we are a supplier for Omnia and Region 4 ESC • Additionally, local meetings with BOMA and facilities management companies.

As contracts are nearing the term date we will approach the customer with opportunities in working with a Omnia provider for continued services. We will be monitoring local city and state websites for contracts that will soon be requesting bids for services and notify them that we are a Omnia supplier.

For those government agencies that are not currently using Omnia we will offer these services and associated pricing.
viii. Dedicated OMNIA Partners, Public Sector internet web-based homepage on Supplier’s website with:

• OMNIA Partners, Public Sector standard logo;
• Copy of original Request for Proposal;
• Copy of Master Agreement and amendments between Principal Procurement Agency and Supplier;
• Summary of Products and pricing;
• Marketing Materials
• Electronic link to OMNIA Partners, Public Sector’s website including the online registration page;
• A dedicated toll-free number and email address for OMNIA Partners, Public Sector
If awarded Thyssenkrupp Elevator will add link to the Omnia Website to access all the above information.

C. Describe how Supplier will transition any existing Public Agency customers’ accounts to the Master Agreement available nationally through OMNIA Partners, Public Sector. Include a list of current cooperative contracts (regional and national) Supplier holds and describe how the Master Agreement will be positioned among the other cooperative agreements.

Upon request and if not associated another purchasing plan thyssenkrupp can transition through contracted processes. thyssenkrupp Elevator does business with multiple cooperative purchasing companies such as, Sourcewell, Vizient, Premier, Equalis and Healthtrust. There are over 40,000 units attached to these cooperative organizations both government and commercial that thyssenkrupp maintains. The Master Agreement will be available to any customer requesting it or submitted to the customer as partnering option.

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

Acknowledged.

E. 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, Publi c Sector. All sales materials are to use the OMNIA Partners, Public Sector logo. At a minimum, the Supplier’s sales initiatives should communicate: - Confirmed

i. Master Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency
ii. Best government pricing – For non-Federal Equal to or better pricing iii. No cost to participate
iv. Non-exclusive

F. Confirm Supplier will train its national sales force on the Master Agreement. At a minimum, sales training should include: - Confirmed

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, Public Sector
iv. Knowledge of benefits of the use of cooperative contracts G. Provide the name, title, email and phone number for the person(s), who will be responsible for:

• Sales – Jeff Jaudes – National Accounts Manager; 972-365-6128; [email protected]

• Sales Support – Jamie Blackman - National Account Coordinator – 770-799-0478 – [email protected]

• Marketing – Jane Scott – Marketing Manager - 972-624-7161 - [email protected]
o Analyze and Record all Projects that come through the Marketing Department

• Financial Reporting – Lisa Logan – Team Lead, National Accounts Billing and Collections – 770-261-0015 - [email protected] o National Account Billing
o National Account Rebate Reporting

• Executive Support – Jeff Jaudes – National Accounts Manager; 972-365-6128; [email protected]

H. 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.

• Exhibit 1 - Sales Force Structure Section 3 Marketing H

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

After the first notification of award, region, district sales managers and National Sales Managers will have a meeting regarding setup of the Omnia agreement.

National accounts will also provide a Omnia package with all of local and district sales employees as one of our primary go-to market vehicles This package will include instructions on the program including; new contract, pricing matrix, the current membership roster and a billing setup letter including the names and phone numbers for National Accounts point of contact if they were to have any additional questions.

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

Monthly conference calls with the Omnia representative and the National Accounts point of contact to prioritize actions moving forward to increase sales and participation.

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.

Approximate total sales 11M includes all aspects of services provided.

Our contracts with public agencies are confidential. Regardless of being a public agency we are not able to give out this information.

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

All orders are processed through our local branch. Orders are not taken through a public ordering system. Orders are placed internally and tracked by our system.

All payment invoicing and collections tracking are performed by an Oracle system locally and nationally, and at this time we are unaware of any limitations.

M. Provide the Contract Sales (as defined in Section 10 of the OMNIA Partners, Public Sector 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 administration fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales.

Does not apply to our Master Agreement.

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 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, Public Sector).

Agreed

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, Public Sector under the Master Agreement.

Reporting will be based upon pricing agreed upon with the member.

Requirements for National Cooperative Contract

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 rep orted to OMNIA Partners, Public Sector).

Any public agency not utilizing the master agreement, sales will not be reported to Omnia Partners.

iv. If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include Master Agreement as the alternate or additional proposal.

Is requested by member.

Detail Supplier’s strategies under these options when responding to a solicitation Requirements for National Cooperative Contract

Appendix D

REQUIREMENTS FOR NATIONAL COOPERATIVE CONTRACT

TO BE ADMINISTERED BY

OMNIA PARTNERS, PUBLIC SECTOR

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

Requirements for National Cooperative Contract

EXHIBIT A

RESPONSE FOR NATIONAL COOPERATIVE CONTRACT

1.0 Scope of National Cooperative Contract

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

1.1 Requirement

Region 4 ESC (hereinafter defined and referred to as “Principal Procurement Agency”), on behalf of itself and the National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners, Public Sector”), is requesting proposals for E levator Industry Equipment, Repair, Related Products and Services. The intent of this Request for Proposal is any contract between Principal Procurement Agency and Supplier resulting from this Request for Proposal (“Master Agreement”) be made available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA Partners, Public Sector’s cooperative purchasing program. The Principal Procurement Agency has executed a Principal Procurement Agency Certificate with OMNIA Partners, Public Sector, 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, Public Sector as a Participating Public Agency in OMNIA Partners, Public Sector’s cooperative purchasing program. Registration with OMNIA Partners, Public Sector as a Participating Public Agency is accomplished by Public Agencies entering into a Master Intergovernmental Cooperative Purchasing Agreement, an example of which is attached as Exhibit C, and by using the Master Agreement, any such Participating Public Agency agrees that it is registered with OMNIA Partners, Publ ic Sector, whether pursuant to the terms of the Master Intergovernmental Purchasing Cooperative Agreement or as otherwise agreed to.

The terms and pricing established in the resulting Master Agreement between the Supplier and the Principal Procurement Agency will be the same as that available to Participating Public Agencies through OMNIA Partners, Public Sector.

All transactions, purchase orders, invoices, payments etc., will occur directly between the Supplier and each Participating Public Agency indi vidually, and neither OMNIA Partners, Public Sector, any Principal Procurement Agency nor any Participating Public Agency, including their respective agents, directors, employees or representatives, shall be liable to Supplier for any acts, liabilities, da mages, 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, Public Sector’s requirements to market the resulting Master Agreement

Requirements for National Cooperative Contract

nationally to Public Agencies. Each section in this Exhibit A refers to the capabilities, requirements, obligations, and prohibitions of competing Suppliers on a national level in order to serve Participating Public Agencies through OMNIA Partners, Public Sector.

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

1.2 Marketing, Sales and Administrative Support

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

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

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

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

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

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

Requirements for National Cooperative Contract

The OMNIA Partners, Public Sector 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, Public Sector Administration Agreement (Exhibit B).

1.3 Estimated Volume

The dollar volume purchased under the Master Agreement is estimated to be approximately $25 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 Mast er Agreement to be made available to them through OMNIA Partners, Public Sector, and volume growth into other Public Agencies through a coordinated marketing approach between Supplier and OMNIA Partners, Public Sector.

1.4 Award Basis

The basis of any contract award resulting from this RFP made by Principal Procurement Agency will, at OMNIA Partners, Public Sector’s option, be the basis of award on a national level through OMNIA Partners, Public Sector. If multiple Suppliers are awarded by Principal Pr ocurement Agency under the Master Agreement, those same Suppliers will be required to extend the Master Agreement to Participating Public Agencies through OMNIA Partners, Public Sector. Utilization of the Master Agreement by Participating Public Agencies will be at the discretion of the individual Participating Public Agency. Certain terms of the Master Agreement specifically applicable to the Principal Procurement Agency (e.g. governing law) are subject to modification for each Participating Public Agency as Supplier, such Participating Public Agency and OMNIA Partners, Public Sector shall agree without being in conflict with the Master Agreement. Participating Agencies may request to enter into a separate supplemental agreement to further define the leve l of service requirements over and above the minimum defined in the Master Agreement (i.e. invoice requirements, order requirements, specialized delivery, diversity requirements such as minority and woman owned businesses, historically underutilized busine ss, governing law, etc.). 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 the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of the Master Agreement and adjust wage rates accordingly. Any supplemental agreement developed as a result of the Master

Requirements for National Cooperative Contract

Agreement is exclusively between the Participating Agency and the Supplier (Contract Sales are reported to OMNIA Partners, Public Sector).

All purchase orders issued and accepted by the Supplier may survive expiration or termination of the Master Agreemen t. Participating Agencies’ purchase orders may exceed the term of the Master Agreement if the purchase order is issued prior to the expiration of the Master Agreement. Supplier is responsible for reporting all sales and paying the applicable administrative fee for sales that use the Master Agreement as the basis for the purchase order, even though Master Agreement may have expired.

1.5 Objectives of Cooperative Program

This RFP is intended to achieve the following objectives regarding availability through OMNIA Partners, Public Sector’s 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.

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, Public Sector 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 Supplier’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 existing customers, upon their request, to the Master Agreement, and (4) that the Supplier has read and agrees to the terms and conditions of the Administration Agreement with OMNIA Partners, Public Sector 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.

Requirements for National Cooperative Contract

2.2 Pricing Commitment

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

2.3 Sales Commitment

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, Public Sector nationwide. Supplier commits that all Master Agreement sales will be accurately and timely reported to OMNIA Partners, Public Sector in accordance with the OMNIA Partners, Public Sector Administration Agreement. Supplier also commits its sales force will be compensated, including sales incentives, for sales to Public Agencies under the Master Agreement in a consistent or better manner compared to sales to Public Agencies if the Supplier were not awarded the Master Agreement.

3.0 SUPPLIER RESPONSE

Supplier must supply the following information in order for the Principal Procurement Agency to determine Supplier’s qualifications to extend the resulting Master Agreement to Participating Public Agencies through OMNIA Partners, Public Sector.

3.1 Company

A. Brief history and description of Supplier to include experience providing similar products and services.

B. Total number and location of sales persons employed by Supplier.

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

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

E. Describe any green or environmental initiatives or policies.

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

Indicate how, if at all, pricing changes when using the diversity program. If there are any diversity programs, provide a list of diversity alliances and a copy of their certifications.

G. Indicate if supplier holds any of the below certifications in any classified areas and include proof of such certification in the response:
a. Minority Women Business Enterprise
Yes No
If yes, list certifying agency: ___________________________________ b. Small Business Enterprise (SBE) or Disadvantaged Business Enterprise

Requirements for National Cooperative Contract

(DBE)
Yes No
If yes, list certifying agency: ___________________________________ c. Historically Underutilized Business (HUB)
Yes No
If yes, list certifying agency: ___________________________________ d. Historically Underutilized Business Zone Enterprise (HUBZone) Yes No
If yes, list certifying agency: ___________________________________ e. Other recognized diversity certificate holder
Yes No

If yes, list certifying agency: ____________________________________ H. List any relationships with subcontractors or affiliates intended to be used when providing services and identify if subcontractors meet minority-owned standards. If any, list which certifications subcontractors hold and certifying agency.

I. Describe how supplier differentiates itself from its competitors.

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

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

L. Describe any debarment or suspension actions taken against supplier

3.2 Distribution, Logistics

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

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.

C. Describe how Participating Agencies are ensure 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.

Requirements for National Cooperative Contract

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

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

3.3 Marketing and Sales

A. Provide a detailed ninety -day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as supplier’s primary go to market strategy for Public Agencies to supplier’s teams nationwide, to include, but not limited to:

i. 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, Public Sector team within first 90 days

B. Provide a detailed ninety -day plan beginning from award date of the Master Agreement describing the strategy to ma rket the Master Agreement to current Participating Public Agencies, existing Public Agency customers of Supplier, as well as to prospective Public Agencies nationwide immediately upon award, to include, but not limited to:

i. Creation and distribution of a c o-branded press release to trade publications
ii. Announcement, Master Agreement details and contact information published on the Supplier’s website within first 90 days iii. Design, publication and distribution of co -branded marketing materials within first 90 days
iv. Commitment to attendance and participation with OMNIA Partners, Public Sector 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 show s, 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, Public Sector for partner suppliers. Booth space will be purchased and st affed by Supplier. In addition, Supplier commits to provide reasonable assistance to the overall promotion and marketing efforts for the NIGP Annual Forum, as directed by OMNIA Partners, Public Sector.
vi. Design and publication of national and regional adver tising 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.)

Requirements for National Cooperative Contract

viii. Dedicated OMNIA Partners, Public Sector internet web-based homepage on Supplier’s website with:

• OMNIA Partners, Public Sector standard logo;
• Copy of original Request for Proposal;
• Copy of Master Agreement and amendments between Principal Procurement Agency and Supplier;
• Summary of Products and pricing;
• Marketing Materials
• Electronic link to OMNIA Partners, Public Sector’s website including the online registration page;
• A dedicated toll -free number and email address for OMNIA Partners, Public Sector

C. Describe how Supplier will transition a ny existing Public Agency customers’ accounts to the Master Agreement available nationally through OMNIA Partners, Public Sector. Include a list of current cooperative contracts (regional and national) Supplier holds and describe how the Master Agreement w ill be positioned among the other cooperative agreements.

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

E. 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, Public Sector. All sales materials are to use the OMNIA Partners, Public Sector 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

F. 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, Public Sector
iv. Knowledge of benefits of the use of cooperative contracts

Requirements for National Cooperative Contract

G. Provide the name, title, email and phone number for the person(s), who will be responsible for:

i. Executive Support
ii. Marketing
iii. Sales
iv. Sales Support
v. Financial Reporting
vi. Accounts Payable
vii. Contracts

H. Describe in detail how Supplier’s national sales force is stru ctured, 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, Public Sector team to implement, grow and service the national program.

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

J. 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.

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

L. Provide the Contract Sales (as defined in Se ction 10 of the OMNIA Partners, Public Sector 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 administration fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales.

M. Even though it is anticipated many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances where Public Agencies will issue their own solicitations. The following options are available when responding to a solicitation for Products covered under the Master Agreement.

Requirements for National Cooperative Contract

i. Respond with Master Agreement pricing (Contract Sales reported to OMNIA Partners, Public Sector).
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, Public Sector under the Master Agreement.
iii. Respond with pr icing 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, Public Sector).
iv. If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include Master Agreement as the alternate or additional proposal.

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

Requirements for National Cooperative Contract

EXHIBIT B

ADMINISTRATION AGREEMENT, EXAMPLE

ADMINISTRATION AGREEMENT

THIS ADMINISTRATION AGREEMENT (this “Agreement”) is made this ___ day of ______ 20___, between National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners, Public Sector”), 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, fo r 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 OMNIA Partners, Public Sector 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, Public Sector to Public Agencies;

WHEREAS, OMNIA Partners, Public Sector serves as the contract administrator of the Master Agreement on behalf of Principal Procurement Agency;

WHEREAS, Principal Procurement Agency desires OMNIA Partners, Publ ic Sector to proceed with administration of the Master Agreement; and

WHEREAS, OMNIA Partners, Public Sector 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, Public Sector and Supplier.

NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, OMNIA Partners, Public Sector 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.

Requirements for National Cooperative Contract

TERMS AND CONDITIONS

2. The Master Agreement and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. Supplier acknowledges and agrees that the covenants and agreements of Supplier set forth in the solicitation and Supplier’s re sponse thereto resulting in the Master Agreement are incorporated herein and are an integral part hereof.

3. OMNIA Partners, Public Sector 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, Public Sector, its agents, employees, directors, and representatives under this Agreement including, but not limited to, Supplier’s obligation to obtain appropriate insurance.

4. OMNIA Partners, Public Sector shall perform all of its duties, responsibilities and obligations as contract administrator of the Master Agreement on behalf of Principal Procurement Agency as set forth herein, and Supplier hereby acknowledges and agrees that all duties, responsibilities and obligations will be undertaken by OMNIA Partners, Public Sector solely in its capacity as the 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, Public Sector shall not be:
(i) construed as a dealer, re-marketer, representative, partner or agent of any type of the Supplier, Principal Procurement Agency or any Participating Public Agency; (ii) obligated, liable or responsible for any order for Product made by Principal Procurement Agency or any Participating Public Agency or any employee thereof under the Master Agreement or for any payment required to be made with respect to such order for Product; and (iii) obligated, liable or responsible for any failure by Principal Procurement Agency or any Participating Public Agency to comply with procedures or requirements of applicable law or the Master Agreement or to obtain the due authorization and approval necessary to purchase under the Master Agreement. OMNIA Partners, Public Sector makes no representation or guaranty with respect to any minimum purchase s by Principal Procurement Agency or any Participating Public Agency or any employee thereof under this Agreement or the Master Agreement.

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

7. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OMNIA

PARTNERS, PUBLIC SE CTOR EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED

REPRESENTATIONS AND WARRANTIES REGARDING OMNIA PARTNERS, PUBLIC SECTOR’S PERFORMANCE AS A CONTRACT ADMINISTRATOR OF THE MASTER AGREEMENT. OMNIA PARTNERS, PUBLIC SECTOR SHALL NOT BE LIABLE IN ANY WAY

FOR ANY S PECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE,

OR RELIANCE DAMAGES, EVEN IF OMNIA PARTNERS, PUBLIC SECTOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Requirements for National Cooperative Contract

TERM OF AGREEMENT; TERMINATION

8. 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 1 1 – 22, hereof and the indemnifications afforded by the Supplier to OMNIA Partners, Public Sector in the Master Agreement, to the extent such provisions survive any expiration or termination of the Master Agreement, shall survive the expiration or termination of this Agreement.

NATIONAL PROMOTION

9. OMNIA Partners, Public Sector and Supplier shall publicize and promote the availability of the Master Agreement’s products and services to Public Agencies and such agencies’ employees. Supplier shall require each Public Agency to register its participation in the OMNIA Partners, Public Sector program by either registering on the OMNIA Partners, Public Sector 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, Supplier 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.

10. 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, Public Sector. Supplier shall be responsible for obtaining permission or license of use and payment of any license fees for all content and images Supplier provides to OMNIA Partners, Public Sector or posts on the OMNIA Partners, Public Sector website. Supplier shall indemnify, defend and hold harmless OMNIA Partners, Public Sector for use of all such content and images including copyright infringement claims. Supplier and OMNIA Partners, Public Sector each hereby grant to the other party a limited, revocable, non-transferable, non-sublicensable right to use such party’s logo (each, the “Logo”) solely for use in marketing the Master Agreement. Each party shall provide the other party with the standard terms of use of such party’s Logo, and such party shall comply with such terms in all material respects. Both parties shall obtain approval from the other party prior to use of such party’s Logo. Notwithstanding the foregoing, the parties understand and agree that except as provided herein neither party shall have any right, title or interest in the other party’s Logo. Upon termination of this Agreement, each party shall immediately cease use of the other party’s Logo.

ADMINISTRATIVE FEE, REPORTING & PAYMENT

11. An “Administrative Fee” shall be defined and due to OMNIA Partners, Public Sector from Supplier in the amount of __ percent (__%) (“Administrative Fee Percentage”) multiplied by the total purchase amount paid to Supplier, less refunds, credits on returns, rebates and discounts, for the sale of products and/or serv ices 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.

12. Supplier shall provide OMNIA Partners, Public Sector with an electronic accounting report monthly, in the format prescribed by OMNIA Partners, Public Sector, summarizing all Contract Sales for each calendar month. The Contract Sales reporting format is pr ovided as 3 3

Requirements for National Cooperative Contract

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, Public Sector by the 10th day of the following month. Failure to provide a Contract Sales Report within the time and manner specified herein shall constitute a material breach of this Agreement and if not cured within thirty (30) days of written notice to Supplier shall be deemed a cause for termination of the Ma ster Agreement, at Principal Procurement Agency’s sole discretion, and/or this Agreement, at OMNIA Partners, Public Sector’s sole discretion.

13. Administrative Fee payments are to be paid by Supplier to OMNIA Partners, Public Sector at the frequency and on the due date stated in Section 12, 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, Public Sector 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 sh all be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency’s sole discretion, and/or this Agreement, at OMNIA Partners, Public Sector’s 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.

14. Supplier shall maintain an accounting of all purchases made by Participating Public Agencies under the Master Agreement. OMNIA Partners, Public Sector, or its designee, in OMNIA Partners, Public Sector’s 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, Public Sector receives such report. In addition, OMNIA Partners, Public Sector may engage a third party to conduct an independent audit of Supplier’s monthly reports. In the event of such an audit, Supplier shall provide all materia ls reasonably requested relating to such audit by OMNIA Partners, Public Sector at the location designated by OMNIA Partners, Public Sector. In the event an underreporting of Contract Sales and a resulting underpayment of Administrative Fees is revealed, O MNIA Partners, Public Sector 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, Public Sector’s reasonable satisfaction, including payment of any Administrati ve Fees due and owing, together with interest thereon in accordance with Section 14, and reimbursement of OMNIA Partners, Public Sector’s costs and expenses related to such audit.

GENERAL PROVISIONS

15. 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 re lating to the subject matter of this Agreement which is not contained or incorporated herein shall be valid or binding.

In the event of any conflict between the provisions of this Agreement and the Master Agreement, as between OMNIA Partners, Public Sector and Supplier, the provisions of this Agreement shall prevail.

16. 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 sh all be entitled to reasonable attorney’s fees and costs in addition to any other relief to which it may be entitled.

Requirements for National Cooperative Contract

17. This Agreement and OMNIA Partners, Public Sector’s rights and obligations hereunder may be assigned at OMNIA Partners, Public Sector ’s sole discretion to an affiliate of OMNIA Partners, Public Sector, any purchaser of any or all or substantially all of the assets of OMNIA Partners, Public Sector, 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 without the prior written consent of OMNIA Partners, Public Sector.

18. All written communications given hereunder shall be delivered by f irst-class mail, postage prepaid, or overnight delivery on receipt to the addresses as set forth below.

A. OMNIA Partners, Public Sector:

OMNIA Partners, Public Sector
Attn: President
840 Crescent Centre Drive
Suite 600
Franklin, TN 37067

B. Supplier:
____________________
____________________
____________________
____________________

19. If any provision of this Agreement shall be deemed to be, or shall in fact be, illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever, and this Agreement will be construed by limiting or invalidating such provision to the minimum extent necessary to make such provision valid, legal and enforceable.

20. 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.

21. This Agreement shall inure to the benefit of and shall b e binding upon OMNIA Partners, Public Sector, the Supplier and any respective successor and assign thereto; subject, however, to the limitations contained herein.

22. This Agreement will be construed under and governed by the laws of the State of Delaware, excluding its conflicts of law provisions and any action arising out of or related to this Agreement shall be commenced solely and exclusively in the state or federal courts in Williamson County Tennessee.

thyssenkrupp Elevator
National Accounts
3100 Interstate N Circle, SE, Suite 500
Atlanta, GA 30339

Requirements for National Cooperative Contract

23. This Agreement may be executed in counterparts, each of which is an original but all of which, together, shall constitute but one and the same instrument. The exchange of copies of this Agreement and of signature pages by facsimile, or by .pdf or similar electronic transmission, will constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes. Signatures of the parties transmitted by facsimile, or by .pdf or similar electronic transmission, wi ll be deemed to be their original signatures for any purpose whatsoever.

[INSERT SUPPLIER ENTITY NAME] NATIONAL

INTERGOVERNMENTAL

PURCHASING ALLIANCE

COMPANY, A DELAWARE

CORPORATION D/B/A OMNIA

PARTNERS, PUBLIC SECTOR

Signature

Signature
Sarah Vavra
Name

Name
Sr. Vice President, Public Sector
Contracting
Title

Title
Date Date

Requirements for National Cooperative Contract

EXHIBIT C

MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT,

EXAMPLE

MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT

This Master Intergovernmental Cooperative Purchasing Agreement (this “ Agreement”) is entered into by and between those certain government agencies that execute a Principal Procurement Agency Certificate (“ Principal Procurement Agencies ”) with National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector and/or Communities Program Management, LLC, a California limited liability company d/b/a U.S. Communities (collectively, “OMNIA Partners, Public Sector”) to be appended and made a part hereof and such other public agencies (“ Participating Public Agencies”) who register to participate in the cooperative purchasing programs administered by OMNIA Partners, Public Sector and its affiliates and subsidiaries (col lectively, the “ OMNIA Partners Parties ”) by either registering on the OMNIA Partners, Public Sector website (www.omniapartners.com/publicsector or any successor website), or by executing a copy of this Agreement.

RECITALS

WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, in compliance with their own policies, procedures, rules and regulations, a number of suppliers have entered into “ Master Agreements” (herein so called) to provide a variety of goods, products and services (“Products”) to the applicable Principal Procurement Agency and the Participating Public Agencies;

WHEREAS, Master Agreements are made available by Principal Procurement Agencies through the OMNIA Partners Parties and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable federal and/or local purchasing ordinances and t he laws of the State of purchase; and

WHEREAS, in addition to Master Agreements, the OMNIA Partners Parties may from time to time offer Participating Public Agencies the opportunity to acquire Products through other group purchasing agreements.

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

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

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

Requirements for National Cooperative Contract

but not limited to any and all obligations to fully and accurately report discounts and incentives.

3. The Participating Public Agency represents and warrants that the Participating Public Agency is not a hospital or other healthcare provider and is not purchasing Products on behalf of a hospital or healthcare provider.

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 which 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 purchasing program provided the purchase of Products through the OMNIA Partners Parties or any other GPO shall be at the Participating Public Agency’s sole discretion.

7. The Participating Public Agencies (each a “Procuring Party”) that procure Products through any Master Agreement or GPO Product supply agreement (each a “ GPO Contract”) will make timely payments to the distributor, manufacturer or other vendor (collectively, “ Supplier”) for Products received in accordance with the terms and conditions of the Master Agreement or GPO Contract, as applicable. Payment for Products and inspections and acceptance of Products ordered by the Procuring Party shall be the exclusive obligation of such Procuring Party. Disputes between Procuring Party and any Supplie r 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 r educed prices for purchase of similar products or services outside of the Master Agreement. Master Agreements may be structured with not -to-exceed pricing, in which cases the Supplier may offer the Procuring Party and the Procuring Party may accept lower pricing or additional concessions for purchase of Products through a Master Agreement.

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

10. WITHOUT LIMITING THE GENERALITY OF THE F OREGOING, 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 P ARTIES ARE ADVISED OF THE POSSIBILITY

Requirements for National Cooperative Contract

OF SUCH DAMAGES. FURTHER, THE PROCURING PARTY ACKNOWLEDGES AND AGREES

THAT THE OMNIA PARTNERS PARTIES SHALL HAVE NO LIABILITY FOR ANY ACT OR

OMISSION BY A SUPPLIER OR OTHER PARTY UNDER A MASTER AGREEMENT OR GPO CONTRACT.

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 OMNIA Partners, Public Sector website or the execution of this Agreement by a Participating Public Agency, as applicable.

NATIONAL INTERGOVERNMENTAL

PURCHASING ALLIANCE COMPANY, A

DELAWARE CORPORATION D/B/A OMNIA

PARTNERS, PUBLIC SECTOR AND/OR

COMMUNITIES PROGRAM MANAGEMENT,

LLC, A CALIFORNIA LIMITED LIABILITY
COMPANY D/B/A U.S. COMMUNITIES

Authorized Signature Signature
Sarah E. Vavra
Name Name
Sr. Vice President, Public Sector Contracting
Title and Agency Name Title

Date Date

Requirements for National Cooperative Contract

EXHIBIT D

PRINCIPAL PROCUREMENT AGENCY CERTIFICATE, EXAMPLE

PRINCIPAL PROCUREMENT AGENCY CERTIFICATE

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

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

I understand that the purchase of one or more Products under the provisions of the Master Intergovernmental Cooperative Purchasing Agree ment is at the sole and co mplete discretion of the Participating Public Agency.

Authorized Signature, [PRINCIPAL PROCUREMENT AGENCY]

Signature

Name

Title

Date

Requirements for National Cooperative Contract

EXHIBIT E

CONTRACT SALES REPORTING TEMPLATE

Requirements for National Cooperative Contract

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 transaction 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 assistan ce between a Federal awarding agency or pass-through entity and a non–Federal entity that, consistent with 31 U.S.C. 6302 –6305:
(a) Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass-through entity to the non –Federal entity to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. 6101(3)); and not to acquire property or services for the Federal government or pass-through entity's direct benefit or use;
(b) Is distinguished from a grant in that it provides for substantial involvement between the Federal awarding agency or pass-through entity and the non –Federal entity in carrying out the activity contemplated by the Federal award. (c) The term does not include:
(1) A cooperative research and development agreement as defined in 15 U.S.C. 3710a; or (2) An agreement that provides only:
(i) Direct United States Government cash assistance to an individual; (ii) A subsidy;
(iii) A loan;
(iv) A loan guarantee; or
(v) 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 entity 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 A cquisition Regulations that a non –Federal entity receives directly from a Federal awarding agency or indirectly from a pass -through entity, as described in § 200.101 Applicability.
(b) The instrument setting forth the terms and conditions. The instrument i s the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph (b) of § 200.40 Federal financial assistance, or the cost - reimbursement contract awarded under the Federal Acquisition Regulations. (c) 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 operated facilities (GOCOs). (d) See also definitions of Federal financial assistance, grant agreem ent, 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.

Requirements for National Cooperative Contract

FEMA SPECIAL CONDITIONS

Awarded Supplier(s) may need to respond to events and losses where products and services are needed for the immediate and initial response to emergency situations such as, but not limited to, water damage, fire damage, vandalism cleanup, biohazard cleanup, sewage decontamination, deodorization, and/or wind damage during a disaster or emergency situation. By submitting a proposal, the Supplier is accepted these FEMA Special Conditions required by the Federal Emergency Management Agency (FEMA).

“Contract” in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as the “Master Agreement”.

“Contractor” in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as “Supplier” or “Awarded Supplier”.

Conflicts of Interest
No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a FEMA award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, an y 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. § 200.3 18(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 orga nization 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 Chapter III, ¶ 6.d must be rejected and cannot receive contract awards at any level.

Public Policy
A contractor must comply with the public policies of the Federal Government and state, local gov ernment, 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;

Requirements for National Cooperative Contract

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.

Bid Guarantee
For proposals that are to include construction/reconstruction/renovation and related services, bids must be accompanied by Certified or Cashier's Check or an approved Bid Bond in the amount of not less than five percent (5%) of the total bid. Surety shall provide a copy of the Power of Attorney authorizing the Executing Agent the authority to execute the bid bo nd documents and bind the Surety to the bid bond conditions. The bid bond shall have a corporate Surety that is licensed to conduct business in the state of the lead agency and authorized to underwrite bonds in the amount of the bid bond.

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

9. Termination for Convenience:

The right to terminate this Contract for the convenience of the Participating Public Agency is retained by the Participating Public Agency. In the event of a termination for convenience by the Participating Public Agency, the Participating Public Agency shall, at least ten (10) calendar days in advance, deliver written notice of the termination for convenien ce to Contractor. Upon Contractor’s receipt of such written notice, Contractor immediately shall cease the performance of the Work and shall take reasonable and appropriate action to secure and protect the Work then in place. Contractor shall then be paid by the Participating Public Agency, in accordance with the terms and provisions of the Contract Documents, an amount not to exceed the actual labor costs incurred, the actual cost of all materials installed and the actual cost of all materials stored at th e project site or away from the project site, as approved in writing by the Participating Public Agency but not yet paid for and which cannot be returned, and actual, reasonable and documented demobilization costs, if any, paid by Contractor and approved b y the Participating Public Agency in connection with the Scope of Work in place which is completed as of the date of termination by the Participating Public Agency and that is in conformance with the Contract Documents, less all amounts previously paid for the Work. No amount ever shall be owed or paid to Contractor for lost or anticipated profits on any part of the Scope of Work not performed or for consequential damages of any kind.

10. Equal Employment Opportunity:

The Participating Public Agency highly en courages Contractors to implement Affirmative Action practices in their employment programs. This means Contractor should not discriminate against any employee or applicant for employment because of race, color, religion, sex, pregnancy, sexual orientation, political belief or affiliation, age, disability or genetic information.

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

Requirements for National Cooperative Contract

(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, re ligion, 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 by the contracting officer 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 h as 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 complai nt 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 uni on 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 comm itments under section 202 of Executive Order 11246 of September 24, 1965, 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 the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's non -compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part an d the contractor may be declared ineligible for further Government 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 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 r espect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

11. “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, 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, or national origin. Such action shall include, but not be limited to the

Requirements for National Cooperative Contract

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 considerations for employment without regard to race, color, religion, sex, or national origin.

(3) 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.

(4) 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.

(5) 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.

(6) 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 as 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.

(7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) 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.”

Requirements for National Cooperative Contract

12. Davis Bacon Act and Copeland Anti-Kickback Act.

a. Applicability of Davis -Bacon Act . The Davis-Bacon Act only 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. It does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program.

b. 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.

c. 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.

d. 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.

e. In contracts subject to the Davis -Bacon Act, 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 at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Pa rt 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 g ive 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.

f. The regulation at 29 C.F.R. § 5.5(a) does provide the required contract clause that applies to compliance with both the Davis-Bacon and Copeland Acts. However, as discussed in the previous subsection, the Davis-Bacon Act does not apply to Public Assistance recipients and subrecipients. In situations where the Davis-Bacon Act does not apply, neither does the Copeland “Anti -Kickback Act. ” However, for purposes of grant programs where both clauses do apply, FEMA requires the following contract clause:

“Compliance with the Copeland “Anti-Kickback” Act.

(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40U.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.
(2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the 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
(3) 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.”

Requirements for National Cooperative Contract

13. Contract Work Hours and Safety Standards Act.

a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs.

b. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II, ¶ E.

c. 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.

d. 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.

e. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act:

“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 such workweek.
(2) Violation; liability for unpaid wages; liquidated damages . In the event of any violation of the clause set forth in paragraph (1) of this section the contr actor 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 paragr aph (1) of this section, in the sum of $10 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 (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or 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 perf ormed 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 p rime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and

Requirements for National Cooperative Contract

liquidated damages as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (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 shal l be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.”

14. Rights to Inventions Made Under a Contract or Agreement.

a. Stafford Act Disaster Grants. This requirement 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.”

b. If the FEMA award meets the definition of “funding agreement” under 37 C.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.

c. The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than t he 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.

15. Clean Air Act and the Federal Water Pollution Control Act . Contracts of amounts in excess of $150,000 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.

a. The following provides a sample contract clause concerning compliance for contracts of amounts in excess of $150,000:

“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.§ 7401 et seq.

(2) The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

Requirements for National Cooperative Contract

(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

(4) 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.
(5) The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government ) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

(6) The contractor agrees to include these require ments in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.”

16. Debarment and Suspension.

a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs.

b. 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).

c. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or in eligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II, ¶ H; and Procurement Guidance for Recipients and Subrecipients Under 2 C.F.R. Part 200 (Uniform Rules):

Supplement to the Public Assistance Procur ement Disaster Assistance Team (PDAT) Field Manual Chapter IV, ¶ 6.d, and Appendix C, ¶ 2 [hereinafter PDAT Supplement]. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Service s 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; PDAT Supplement, Chapter IV, ¶ 6.d and Appendix C, ¶ 2.

d. In general, an “excluded” party cannot receive a Federal grant award or a contract within the meaning of a “covered transaction,” to include subawards and subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a “covered transaction,” which is any non-procurement 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 subrecipient.

e. 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.

Requirements for National Cooperative Contract

(2) The contract requires the approval of FEMA, regardless of amount.

(3) The contract is for federally required audit services.

(4) A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of $25,000.

d. 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, its 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 and 2 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 (insert name of subrecipient). 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 (name of state agency serving as recipient and name of subre cipient), 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 th is 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.”

17.Byrd Anti-Lobbying Amendment.

c. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs.
d. Contractors that apply or bid for an award of $100,000 or more must file the required certification. See 2 C.F.R. Part 200, Appendix II, ¶ I; 44 C.F.R. Part 18; PDAT Supplement, Chapter IV, 6.c; Appendix C, ¶ 4.
e. 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 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 non -Federal award. See PDAT Supplement, Chapter IV, ¶ 6.c and Appendix C, ¶ 4.

Requirements for National Cooperative Contract

f. The following provides a Byrd Anti-Lobbying contract clause:

“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 att empting 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.”
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge, 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 modifica tion of any Federal contract, grant, loan, or cooperative agreement.

2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3.The undersigned shall require that the language of this certification be included 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 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). 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. § 3801 et seq., apply to this certification and disclosure, if any.

thyssenkrupp Elevator
04/03/2020

Requirements for National Cooperative Contract

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. 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.

m. Access to Records.

All non-Federal entities must place into their contracts a provision that all contractors and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing Department and FEMA access to re cords, accounts, documents, information, facilities, and staff. See DHS Standard Terms and Conditions, v 3.0, ¶ XXVI (2013).

n. The following provides a contract clause regarding access to records:

“Access to Records. The following access to records requirements apply to this contract:

(4) The contractor agrees to provide (insert name of state agency or local or Indian tribal government), (insert name of recipient), 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.

(5) 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.

(6) 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.”

20.DHS Seal, Logo, and Flags.

o. All non-Federal entities must 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. See DHS Standard Terms and Conditions, v

3.0, ¶ XXV (2013).

p. The following provides a contract clause regarding DHS Seal, Logo, and Flags: “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.”

21.Compliance with Federal Law, Regulations, and Executive Orders.

q. All non-Federal entities must 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.

thyssenkrupp Elevator
3100 Interstate N Circle, SE, Suite 500 Atlanta, GA 30339 770-799-0478
[email protected]
04/03/2020

Requirements for National Cooperative Contract

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, Public Sector’s ability to promote the Master Agreement in the State of New Jersey.

DOC #1 Ownership Disclosure Form

DOC #2 Non-Collusion Affidavit

DOC #3 Affirmative Action Affidavit

DOC #4 Political Contribution Disclosure Form

DOC #5 Stockholder Disclosure Certification

DOC #6 Certification of Non-Involvement in Prohibited Activities in Iran

DOC #7 New Jersey Business Registration Certificate

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;

• 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.

thyssenkrupp Elevator
3100 Interstate N Circle , SE, Suite 500
Atlanta, GA 30339
04/03/2020
thyssenkrupp Elevator
3100 Interstate N Circle , SE, Suite 500
Atlanta, GA 30339
thyssenkrupp Elevator
04/03/2020
thyssenkrupp Elevator
3100 Interstate N Circle SE Suite 500
Atlanta, GA 30339

Requirements for National Cooperative Contract

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 applic ant 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 f or 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 offi cer 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 ap plicable, 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, n ational 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, upgrading, downgrading and lay -off to ensure that all such actions are taken without regard to age, creed, color, national origin , ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.

The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these

Requirements for National Cooperative Contract

regulations, and public agencies shal l furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27).

________________________________________________
Signature of Procurement Agent

Requirements for National Cooperative Contract

DOC #4

C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM

Public Agency Instructions

This page provides guidance to public agencies entering into contracts with business entities that are required to file Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What follows are instructions on the use of form local units can provide to contractors that are required to disclose political contributions pursuant to N.J.S.A. 19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in Local Finance Notice 2006 -1 (http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). Please refer back to these instructions for the appropriate links, as the Local Finance Notices include links th at 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 pu blic agency, state legislative positions, and various state entities. The Division of Local Government Services recommends that contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and politica l 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.

Requirements for National Cooperative Contract

DOC #4, continued

C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions

Business entities (contractors) rec eiving 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 the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the disclosure.

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

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

The disclosed information may exceed the minimum requirement.

The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public Records Act.

The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts.

* N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be established, or designated by the President of the Senate, th e Minority Leader of the Senate, the Speaker of the General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the purpose of receiving contributions and making expenditures.” thyssenkrupp Elevator
3100 Interstate N Circle St, SE, Suite 500
Atlanta
GA
30339

Requirements for National Cooperative Contract

DOC #4, continued

List of Agencies with Elected Officials Required for Political Contribution Disclosure N.J.S.A. 19:44A-20.26

County Name:

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

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

County:

Freeholders County Clerk Sheriff
{County Executive} Surrogate

Municipalities (Mayor and members of governing body, regardless of title):

USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM

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

Requirements for National Cooperative Contract

DOC #5

STOCKHOLDER DISCLOSURE CERTIFICATION

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

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

Check the box that represents the type of business organization:
Partnership Corporation Sole Proprietorship

Limited Partnership Limited Liability Corporation Limited Liability Partnership

Subchapter S Corporation

Sign and notarize the form below, and, if necessary, complete the stockholder list below.

Stockholders:

Name: Name:

Home Address:

Home Address:

Name: Name:

Home Address: Home Address:

Name:

Name:

Home Address:

Home Address:

Subscribed and sworn before me this ___ day of
___________, 2__.

(Notary Public)

My Commission expires:

_________________________________
(Affiant)

________________________________
(Print name & title of affiant)

(Corporate Seal)

Requirements for National Cooperative Contract

DOC #6

Certification of Non-Involvement in Prohibited Activities in Iran

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

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

Offerors should submit the above form completed with their proposal.

Requirements for National Cooperative Contract

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

Requirements for National Cooperative Contract

EXHIBIT H

ADVERTISING COMPLIANCE REQUIREMENT

Pursuant to certain state notice provisions, including but not limited to Oregon Revised Statutes Chapter 279A.220, the following public agencies and political subdivisions of the referenced public agencies are eligible to register with OMNIA Partners, Public Sector 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 State 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 State of Virginia State of
Connecticut
State of
Kentucky
State of Nebraska State of Oregon State of
Washington
State of
Delaware
State of
Louisiana
State of Nevada State of
Pennsylvania
State of West
Virginia
State of Florida State of Maine State of New
Hampshire
State of Rhode
Island
State of
Wisconsin
State of Georgia State of
Maryland
State of New
Jersey
State of South
Carolina
State of
Wyoming
District of
Columbia

Lists of political subdivisions and local governments in the above referenced states / districts may be found at http://www.usa.gov/Agencies/State_and_Territories.shtml and https://www.usa.gov/local-governments.

Certain Public Agencies and Political Subdivisions:

CITIES, TOWNS, VILLAGES AND BOROUGHS
INCLUDING BUT NOT LIMITED TO:

BAKER CITY GOLF COURSE, OR

CITY OF ADAIR VILLAGE, OR

CITY OF ASHLAND, OR

CITY OF AUMSVILLE, OR

CITY OF AURORA, OR

CITY OF BAKER, OR

CITY OF BATON ROUGE, LA

CITY OF BEAVERTON, OR

CITY OF BEND, OR

CITY OF BOARDMAN, OR

CITY OF BONANAZA, OR

CITY OF BOSSIER CITY, LA

CITY OF BROOKINGS, OR

CITY OF BURNS, OR

CITY OF CANBY, OR

CITY OF CANYONVILLE, OR

CITY OF CLATSKANIE, OR

CITY OF COBURG, OR

CITY OF CONDON, OR

CITY OF COQUILLE, OR

CITY OF CORVALLI, OR

CITY OF CORVALLIS PARKS AND RECREATION

DEPARTMENT, OR

CITY OF COTTAGE GROVE, OR

CITY OF DONALD, OR

CITY OF EUGENE, OR

CITY OF FOREST GROVE, OR

CITY OF GOLD HILL, OR

CITY OF GRANTS PASS, OR

CITY OF GRESHAM, OR

CITY OF HILLSBORO, OR

CITY OF INDEPENDENCE, OR

CITY AND COUNTY OF HONOLULU, HI

CITY OF KENNER, LA

CITY OF LA GRANDE, OR

CITY OF LAFAYETTE, LA

CITY OF LAKE CHARLES, OR

CITY OF LEBANON, OR

CITY OF MCMINNVILLE, OR

CITY OF MEDFORD, OR

CITY OF METAIRIE, LA

CITY OF MILL CITY, OR

CITY OF MILWAUKIE, OR

CITY OF MONROE, LA

CITY OF MOSIER, OR

CITY OF NEW ORLEANS, LA

CITY OF NORTH PLAINS, OR

CITY OF OREGON CITY, OR
Company Summary
Printed By: Scott Silitsky
Date Printed:

March 12, 2020

LIVE REPORT
Currency:

Shown in USD unless otherwise indicated

THYSSENKRUPP ELEVATOR

CORPORATION
Trade Names: (SUBSIDIARY OF THYSSENKRUPP ELEVATOR AMERICAS

CORPORATION, ALPHARETTA, GA),THYSSENKRUPP ELEVATOR
ACTIVE

HEADQUARTERS (SUBSIDIARY)
D-U-N-S Number:
13-044-1751
Company:

THYSSENKRUPP ELEVATOR CORPORATION
D&B Address
Address:
11605 HAYNES BRIDGE RD STE 650

ALPHARETTA,

GA,
US - 30009
Location
Type:

HEADQUARTERS (SUBSIDIARY)
Phone:
678-319-3240
Fax:

Web:
www.thyssenkrupp.com
Endorsement:
[email protected]

SCORE BAR
PAYDEX®

70 Paying 15 days past due
Commercial Credit Score Percentile

17 Moderate to High Risk of severe payment
delinquency.

Financial Stress Score National
Percentile

1 High Risk of severe financial stress.

D&B Viability Rating
3 4
B
Z
View More Details
Bankruptcy Found
N

D&B Rating
--

Unavailable.

D&B VIABILITY RATING SUMMARY
Viability Score

Viability Score :
3 Low Risk:1 ; High Risk:9
Portfolio Comparison
Portfolio Comparison :
4 Low Risk:1 ; High Risk:9
Data Depth Indicator

Data Depth Indicator :

B

Predictive:A ; Descriptive:G
Company Profile:

Z

SUBSIDIARY
1 3 months
from Jan-20 to Mar-20
Days Beyond Terms
Past 3 months:

8 Days
Days Beyond Terms Past 3 months :
8 Low Risk:0 ; High Risk:120+
Dollar-weighted average of
764
payment experiences reported from
122
companies.

This is a headquarters (subsidiary) location
Branch(es) or Division(s) exist
Y

Chief Executive

KEVIN LAVALLEE, CEO

Age (Year Started)
36 years (1984)
Employees
8000 (10 Here)

History Status
CLEAR

Financing

SECURED
SIC
3534

,1796

Line of business
Mfg elevators/escalators, building
equipment installation, repair services

NAICS
333921
The following data includes both open and closed filings found in D&B's database on this company.

The public record items contained herein may have been paid, terminated, vacated or released prior to today's date.

DETAILED TRADE RISK INSIGHT™

D&B COMPANY OVERVIEW
PAYDEX® TREND CHART

PUBLIC FILINGS
Record Type
Number of
Records
Most Recent
Filing Date
Bankruptcies
0 ---
Judgments
1 09/17/2014
Liens
2 02/06/2020
Suits
39 01/22/2020
UCCs
137
01/05/2020
2 Corporate Linkage
Increase your understanding of the links and risks between your customers and suppliers with D&B's Interactive Global Family Tree

CORPORATE LINKAGE
This is a Headquarters
(Subsidiary) location

THYSSENKRUPP

ELEVATOR

CORPORATION
Alpharetta
, GA
D-U-N-S® NUMBER: 13-
044-1751
Global Ultimate :
thyssenkrupp AG
ESSEN
, NORDRHEIN-

WESTFALEN

,

GERMANY
D-U-N-S® NUMBER: 34-
050-2442
Domestic Ultimate:

THYSSENKRUPP NORTH
AMERICA, INC.

CHICAGO

, UNITED
STATES
D-U-N-S® NUMBER: 10-
919-2724
Parent Company

THYSSENKRUPP

ELEVATOR AMERICAS

CORPORATION
Georgia
D-U-N-S® NUMBER:
01-
956-3621

GLOBAL ULTIMATE
Company
City ,
Country or Region
D-U-N-S® NUMBER
thyssenkrupp AG

ESSEN ,

GERMANY
34-050-2442

DOMESTIC ULTIMATE
Company
City , State
D-U-N-S® NUMBER

THYSSENKRUPP NORTH AMERICA,
INC.

CHICAGO
, Illinois
10-919-2724
3 PARENT
Company
City , State
D-U-N-S® NUMBER

THYSSENKRUPP ELEVATOR

AMERICAS CORPORATION
ALPHARETTA , Georgia
01-956-3621

SUBSIDIARIES (DOMESTIC)
Company
City , State
D-U-N-S® NUMBER

O'KEEFE ELEVATOR COMPANY,
INC.

OMAHA , Nebraska
00-726-7933

THYSSENKRUPP ELEVATOR
MANUFACTURING, INC.

MEMPHIS , Tennessee
17-138-1168

BRANCHES (DOMESTIC)
Company
City , State
D-U-N-S® NUMBER

THYSSENKRUPP ELEVATOR

CORPORATION
CHARLESTON , West Virginia
00-485-5524

THYSSENKRUPP ELEVATOR

CORPORATION
MIDVALE , Utah
00-484-3384

THYSSENKRUPP ELEVATOR

CORPORATION
SAINT LOUIS , Missouri
00-533-2812

THYSSENKRUPP ELEVATOR

CORPORATION
TACOMA , Washington
00-669-0577

THYSSENKRUPP ELEVATOR

CORPORATION
OVERLAND PARK , Kansas
00-785-5901

THYSSENKRUPP ELEVATOR

CORPORATION
ALEXANDRIA , Virginia
01-423-8575

THYSSENKRUPP ELEVATOR

CORPORATION
EAST BERLIN , Connecticut
01-420-6580

THYSSENKRUPP ELEVATOR

CORPORATION
MARIETTA , Georgia
01-570-4513

THYSSENKRUPP ELEVATOR

CORPORATION
BROADVIEW HEIGHTS , Ohio
01-774-2297
4 THYSSENKRUPP ELEVATOR

CORPORATION
HAGERSTOWN , Maryland
02-260-5539

THYSSENKRUPP ELEVATOR

CORPORATION
HOUSTON , Texas
02-660-7242

THYSSENKRUPP ELEVATOR

CORPORATION
EL PASO , Texas
02-637-6426

THYSSENKRUPP ELEVATOR

CORPORATION
TALLAHASSEE , Florida
03-234-9326

THYSSENKRUPP ELEVATOR

CORPORATION
DULUTH , Minnesota
03-277-7083

THYSSENKRUPP ELEVATOR

CORPORATION
SOUTH SAN FRANCISCO , California
03-305-7055

THYSSENKRUPP ELEVATOR

CORPORATION
BROKEN ARROW , Oklahoma
03-311-9488

THYSSENKRUPP ELEVATOR

CORPORATION
JACKSON , Tennessee
03-771-0055

THYSSENKRUPP ELEVATOR

CORPORATION
CHATTANOOGA , Tennessee
03-791-4017

THYSSENKRUPP ELEVATOR

CORPORATION
FRISCO , Texas
03-943-8887

THYSSENKRUPP ELEVATOR

CORPORATION
SMITHFIELD , Rhode Island
04-011-1981

THYSSENKRUPP ELEVATOR

CORPORATION
KNOXVILLE , Tennessee
04-115-1986

THYSSENKRUPP ELEVATOR

CORPORATION
ROANOKE , Virginia
04-125-3092

THYSSENKRUPP ELEVATOR

CORPORATION
GREENSBORO , North Carolina
04-636-3933

THYSSENKRUPP ELEVATOR

CORPORATION
LOMBARD , Illinois
04-930-6012

THYSSENKRUPP ELEVATOR

CORPORATION
RALEIGH , North Carolina
05-040-5596
This list is limited to the first 25 branches.
5 This information may not be reproduced in whole or in part by any means of reproduction.

Predictive Scores
This credit rating was assigned because of D&B's assessment of the company's creditworthiness. For more information, see the D&B Rating Key
The blank rating symbol should not be interpreted as indicating that credit should be denied. It simply means that the information available to D&B does not permit us to classify the company within our rating key and that further enquiry should be made before reaching a decision. Some reasons for using a "-" symbol include: deficit net worth, bankruptcy proceedings, insufficient payment information, or incomplete history information.

Below is an overview of the company's rating history since 12/23/1993.

D&B Rating
Date Applied
--
01/03/2016
1R4
02/08/2007
1R3
03/30/2005
1R4
02/07/2005
--
07/09/1999
1R3
05/20/1999
5A1
12/18/1997
--
11/11/1997
5A1
12/23/1993
For the complete list -
View Family Tree

CREDIT CAPACITY SUMMARY
D&B Rating:

--
Number of Employees Total:
8,000
(10 here)
Payment Activity
(based on 578 experiences)
Average High Credit:
$38,781
Highest Credit:
$3,000,000
Total Highest Credit:
$18,336,650

D&B CREDIT LIMIT RECOMMENDATION
6 Due to adverse or incomplete information, we are unable to provide a Credit Limit Recommendation for this business. Please contact your sales representative or D&B's Customer Resource Center at 800-234-3867 for assistance.

The Credit Limit Recommendation (CLR) is intended to serve as a directional benchmark for all businesses within the same line of business or industry, and is not calculated based on any individual business. Thus, the CLR is intended to help guide the credit limit decision, and must be balanced in combination with other elements which reflect the individual company's size, financial strength, payment history, and credit worthiness, all of which can be derived from D&B reports.

Risk is assessed using D&Bs scoring methodology and is one factor used to create the recommended limits. See Help for details.

The Financial Stress Score predicts the likelihood of a firm ceasing business without paying all creditors in full, or reorganization or obtaining relief from creditors under state/federal law over the next 12 months. Scores were calculated using a statistically valid model derived from D&B's extensive data files.

The Financial Stress Class of 5 for this company shows that firms with this class had a failure rate of 4.7% (470 per 10,000), which is

9.79 times higher than the average of businesses in D & B's database.

Financial Stress Class
:

Financial Stress Class :
5 
Low Risk:1 ; High Risk:5
Higher than average risk of severe financial stress, such as a bankruptcy or going out of business with unpaid debt, over the next 12 months.

Probability of Failure:

Risk of Severe Financial Stress for Businesses with this Class:

4.70 %
(470 per 10,000)
Financial Stress National Percentile
:
1 (Highest Risk: 1; Lowest Risk: 100)
Financial Stress Score
:
1336
(Highest Risk: 1,001; Lowest Risk: 1,875)
Average Risk of Severe Financial Stress for Businesses in D&B database:

0.48 %
(48 per 10,000)
The Financial Stress Class of this business is based on the following factors:

Low proportion of satisfactory payment experiences to total payment experiences.

High proportion of slow payment experiences to total number of payment experiences.

UCC Filings reported.

High proportion of past due balances to total amount owing.

Evidence of open suits
High number of inquiries to D & B over last 12 months.

Financial Stress Percentile Trend:

FINANCIAL STRESS CLASS SUMMARY
7 This Business has a Financial Stress Percentile that shows:

Higher risk than other companies in the same region.

Higher risk than other companies in the same industry.

Higher risk than other companies in the same employee size range.

Higher risk than other companies with a comparable number of years in business.

The Commercial Credit Score (CCS) predicts the likelihood of a business paying its bills in a severely delinquent manner (91 days or more past terms).

The Credit Score class of 4 for this company shows that 9.4% of firms with this class paid one or more bills severely delinquent, which is lower than the average of businesses in D & B's database.

Credit Score Class
:

Credit Score Class :
4 
Low Risk:1 ; High Risk:5
Moderate to high risk of severe payment delinquency over next 12 months.

Incidence of Delinquent Payment
Notes:

The Financial Stress Class indicates that this firm shares some of the same business and financial characteristics of other companies with this classification. It does not mean the firm will necessarily experience financial stress.

The Probability of Failure shows the percentage of firms in a given Class that discontinued operations over the past year with loss to creditors. The Probability of Failure - National Average represents the national failure rate and is
provided
for comparative purposes.

The Financial Stress National Percentile reflects
the relative ranking of a company among all scorable companies in D&B's file.

The Financial Stress Score offers a more precise
measure of the level of risk than the Class and Percentile. It is especially helpful to customers using a scorecard approach to determining overall business performance.

Norms
National %
This Business
1 Region: SOUTH ATLANTIC
48 Industry:

MANUFACTURING
52 Employee range:
500+
61 Years in Business:
26+
77 CREDIT SCORE SUMMARY
8 Among Companies with this Classification:

9.40 %
Average compared to businesses in D&B's database:

10.20 %
Credit Score Percentile
:
17 (Highest Risk: 1; Lowest Risk: 100)
Credit Score
:
469

(Highest Risk: 101; Lowest Risk: 670)
The Credit Score Class of this business is based on the following factors:

Proportion of slow payments in recent months
Proportion of past due balances to total amount owing
Increase in proportion of delinquent payments in recent payment experiences Higher risk industry based on delinquency rates for this industry
Evidence of open suits, liens, and judgments
Credit Score Class Percentile Trend:

Notes
The Commercial Credit Score Risk Class indicates that this firm shares some of the same business and financial characteristics of other companies with this classification. It does not mean the firm will necessarily experience severe delinquency.

The Incidence of Delinquent Payment is the percentage of companies with this classification that were reported 91 days past due or more by creditors. The calculation of this value is based on D&B's trade payment database.

The Commercial Credit Score percentile reflects the relative ranking of a firm among all scorable companies in D&B's file.

The Commercial Credit Score offers a more precise measure of the level of risk than the Risk Class and Percentile. It is especially helpful to customers using a scorecard approach to determining overall business performance.

This business has a Credit Score Percentile that shows:

Higher risk than other companies in the same region.

Higher risk than other companies in the same industry.

Higher risk than other companies in the same employee size range.

Higher risk than other companies with a comparable number of years in business.

This information may not be reproduced in whole or in part by any means of reproduction.

Trade Payments
Norms
National %
This Business
17 Region:

SOUTH ATLANTIC
43 Industry:

MANUFACTURING
62 Employee range:
500-38527
84 Years in Business:
26+
85 D&B PAYDEX®
9 The D&B PAYDEX is a unique, weighted indicator of payment performance based on payment experiences as reported to D&B by trade references. Learn more about the D&B PAYDEX
Timeliness of historical payments for this company.

D&B has not received a sufficient sample of payment experiences to establish a PAYDEX score.D&B receives nearly 400 million payment
experiences each year. We enter these new and updated experiences into D&B Reports as this information is received. At this time, none
of those experiences relate to this company.

Current PAYDEX
70 Equal to 15 days beyond terms
(Pays more slowly than the average for
its industry of 14 days beyond terms)
Indications of slowness can be the result of
dispute over merchandise, skipped
invoices etc. Accounts are sometimes
placed for collection even though the
existence or amount of the debt is
disputed.

Industry Median
71 Equal to 14 days beyond terms
Payment Trend
Unchanged
Compared to payments three months ago
Payments Within Terms
60%
Total payment Experiences in
D&Bs File (HQ)
578
Trade Experiences with Slow or
Negative Payments(%)

44.29%
Total Placed For Collection
0 Average High Credit
$38,781
Largest High Credit
$3,000,000
Highest Now Owing
$2,000,000
Highest Past Due
$250,000

D&B PAYDEX
D&B PAYDEX :
70 
Low Risk (100) ; High Risk (1)
When weighted by amount, payments to suppliers average 15 days beyond terms


High risk of late payment (Average 30 to 120 days beyond terms)


Medium risk of late payment (Average 30 days or less beyond terms)


Low risk of late payment (Average prompt to 30+ days
sooner)
3-MONTH D&B PAYDEX
3-Month D&B PAYDEX :
67 
Low Risk (100) ; High Risk (1)


High risk of late payment (Average 30 to 120 days beyond terms)


Medium risk of late payment (Average 30 days or less beyond terms)


Low risk of late payment (Average prompt to 30+ days
sooner)
Based on payments collected over last 3 months.

When weighted by amount, payments to suppliers average 18 days beyond terms
D&B PAYDEX® COMPARISON
10 For all payment experiences within a given amount of credit extended, shows the percent that this Business paid within terms. Provides number of experiences to calculate the percentage, and the total credit value of the credit extended.

Credit Extended
Payment Experiences
Total Amount
% of Payments Within Terms
Over 100,000
17 14,950,000
74%

CURRENT YEAR
PAYDEX� of this Business compared to the Primary Industry from each of the last four quarters. The Primary Industry is Mfg elevators/escalators, building equipment installation, repair services , based on SIC code 3534 .

Shows the trend in D&B PAYDEX scoring over the past 12 months.

Current PAYDEX for this Business is 70 ,
or equal to 15 days beyond terms
The 12-month high is 75 ,
or equal to 8 DAYS BEYOND terms
The 12-month low is 71 , or equal to 14 DAYS BEYOND terms Shows PAYDEX of this Business compared to the Primary Industry from each of the last four quarters. The Primary Industry is Mfg elevators/escalators, building equipment installation, repair services , based on SIC code 3534 .

Based on payments collected over the last 4 quarters.

Current PAYDEX for this Business is 70,
or equal to 15 days beyond terms
The present industry median Score is 71, or equal to 14 DAYS BEYOND terms
Industry upper quartile represents the performance of the payers in the 75th percentile Industry lower quartile represents the performance of the payers in the 25th percentile 3/19
4/19
5/19
6/19
7/19
8/19
9/19
10/19
11/19
12/19
1/20
2/20
This Business
Industry Quartile
Upper
Median
Lower
75 76
71 66
74 -
-
-
73 -
-
-
71 75
71 66
72 -
-
-
71 -
-
-
73 76
71 66
73 -
-
-
72 -
-
-
71 76
71 66
70 -
-
-
70 -
-
-

PREVIOUS YEAR
Previous Year
3/18
Q1'18
6/18
Q2'18
9/18
Q3'18
12/18
Q4'18
This Business
Industry Quartile
Upper
Median
Lower
75 76
71 65
75 76
71 65
76 76
72 66
76 76
71 66

PAYMENT HABITS
11 50,000-100,000
14 955,000
62%
15,000-49,999
53 1,395,000
72%
5,000-14,999
104
717,500
57%
1,000-4,999
146
243,500
62%
Under 1,000
138
43,950
53%
Based on payments collected over last 24 months.

Payment experiences reflect how bills are paid in relation to the terms granted. In some instances, payment beyond terms can be the result of disputes over merchandise, skipped invoices, etc.

There are 578 payment experience(s) in D&Bs file for the most recent 24 months, with 390 experience(s) reported during the last
three
month period.

The highest Now Owes on file is 2000000 . The highest Past Due on file is 250000
Below is an overview of the company's currency-weighted payments, segmented by it's supplier's primary industries:

Top Industries
Total Revd (#)
Total Amount
Largest High Credit
Within Terms (%)
1 - 30 Days Late (%)
31 - 60 Days Late (%)
61 - 90 Days Late (%)
91 + Days Late (%)
Whol plumb/hydronics
35 872,700
750,000
6 44
44 6
0 Whol electrical equip
33 2,213,800
2,000,000
51 48
1 0
0 Whol industrial suppl
31 769,800
400,000
81 18
0 1
0 Nonclassified
29 239,450
35,000
78 4
9 9
0 Whol industrial equip
24 140,300
45,000
83 8
6 2
1 Whol electronic parts
19 363,350
300,000
56 3
0 0
41 Telephone communictns
17 495,050
400,000
99 1
0 0
0 Misc equipment rental
16 161,100
50,000
49 10
12 3
26 Trucking non-local
14 706,800
700,000
1 99
0 0
0 Help supply service
13 365,000
65,000
35 29
29 6
1 Public finance
13 85,600
25,000
100
0 0
0 0
Electric services
13 9,150
2,500
100
0 0
0 0
Whol chemicals
11 138,000
85,000
50 13
31 0
6 Whol metal
10 4,316,950
3,000,000
98 2
0 0
0 Misc business credit
10 48,250
40,000
48 11
0 0
41 Whol petroleum prdts
10 56,550
15,000
48 27
9 1
15 Short-trm busn credit
7 1,074,550
1,000,000
100
0 0
0 0
Whol service paper
6 47,000
20,000
99 1
0 0
0 Employment agency
6 37,000
10,000
50 23
0 0
27 Mfg plane engine/part
6 14,750
10,000
52 34
8 3
3 Misc business service
6 6,200
5,000
18 81
0 0
1 Local truck w/storage
6 7,300
5,000
99 0
1 0
0 Mfg elevator/escaltrs
5 2,130,000
2,000,000
51 0
2 0
47 Mfg switchgear-boards
5 961,000
900,000
100
0 0
0 0
Mfg photograph equip
5 80,000
45,000
50 0
22 28
0 Ret misc merchandise
5 57,550
30,000
46 7
30 13
4 Truck rental/leasing
5 26,000
10,000
67 12
21 0
0 Mfg industrial valves
5 8,250
5,000
18 21
61 0
0 Operative builders
5 6,500
2,500
35 0
8 0
57 Petroleum terminal
4 909,000
900,000
100
0 0
0 0
Radiotelephone commun
4 102,600
95,000
96 4
0 0
0 Business consulting
4 57,000
30,000
56 44
0 0
0 Executive office
4 12,500
5,000
100
0 0
0 0
Whol lumber/millwork
4 4,500
2,500
44 17
0 0
39 Gas production/distrb
4 1,850
1,000
66 34
0 0
0 Personal credit
3 155,000
70,000
100
0 0
0 0

PAYMENT SUMMARY
12 Mfg relays/controls
3 38,500
30,000
100
0 0
0 0
Mfg motors/generators
3 11,250
10,000
46 44
9 1
0 Family social service
3 4,250
2,500
0 41
59 0
0 Investment advice
3 2,000
1,000
13 49
0 13
25 Whol const/mine equip
3 1,350
750
7 28
0 65
0 Paperboard mill
2 225,000
200,000
100
0 0
0 0
Nonferrous wiredrawng
2 82,500
80,000
52 48
0 0
0 Mfg elect. connectors
2 65,000
55,000
100
0 0
0 0
Mfg air/gas compress
2 25,000
15,000
100
0 0
0 0
Testing laboratory
2 12,500
7,500
70 0
0 30
0 Mfg glass products
2 6,000
5,000
41 17
0 42
0 Engineering services
2 5,500
5,000
0 91
0 9
0 Mfg elect. components
2 6,000
5,000
100
0 0
0 0
Whol furniture
2 2,750
2,500
100
0 0
0 0
Misc publishing
2 2,000
1,000
50 0
0 0
50 Mfg signs/ad specltys
2 350
250
71 29
0 0
0 Reg misc coml sector
2 300
250
100
0 0
0 0
Computer system desgn
1 1,000,000
1,000,000
100
0 0
0 0
Mechanical contractor
1 15,000
15,000
0 100
0 0
0 Prepackaged software
1 15,000
15,000
0 100
0 0
0 Surety insurance
1 15,000
15,000
0 0
0 100
0 Scheduled air trans
1 10,000
10,000
100
0 0
0 0
Mfg misc trnsmsn eqpt
1 7,500
7,500
50 50
0 0
0 Whol plastic material
1 7,500
7,500
100
0 0
0 0
Mfg electric wire dev
1 7,500
7,500
100
0 0
0 0
Hvy const eqpt rental
1 7,500
7,500
0 0
0 100
0 Mfg computer storage
1 7,500
7,500
0 0
100
0 0
Whol heating/ac equip
1 5,000
5,000
50 50
0 0
0 Mfg bread/products
1 5,000
5,000
100
0 0
0 0
Misc computer service
1 5,000
5,000
50 50
0 0
0 Mfg cordage/twine
1 5,000
5,000
50 0
50 0
0 Mfg analytic instrmnt
1 2,500
2,500
50 0
0 50
0 Mfg car parts
1 2,500
2,500
50 50
0 0
0 Whol misc profsn eqpt
1 2,500
2,500
100
0 0
0 0
Mfg construction mach
1 2,500
2,500
0 100
0 0
0 Arrange cargo transpt
1 1,000
1,000
0 50
0 50
0 Ret building material
1 1,000
1,000
0 0
0 100
0 Nonresident builders
1 1,000
1,000
50 0
50 0
0 Mfg electric test prd
1 1,000
1,000
0 50
0 50
0 Mfg fluid meters
1 1,000
1,000
100
0 0
0 0
Mfg computer terminal
1 1,000
1,000
0 0
0 0
100
Mfg sanitary paper
1 1,000
1,000
100
0 0
0 0
Mfg computers
1 1,000
1,000
100
0 0
0 0
Whol office supplies
1 750
750
0 50
0 0
50 Ret mail-order house
1 750
750
50 0
50 0
0 Mfg wood products
1 500
500
0 100
0 0
0 Ret hardware
1 250
250
0 100
0 0
0 Whol office equipment
1 250
250
50 0
50 0
0 Mfg manifold forms
1 250
250
100
0 0
0 0
Mfg power handtools
1 250
250
0 0
0 100
0 Whol computers/softwr
1 250
250
100
0 0
0 0
Industrial launderer
1 250
250
0 0
0 0
100
Whol auto parts
1 100
100
0 100
0 0
0 Accounting services
1 100
100
0 50
50 0
0 Coating/engrave svcs
1 100
100
100
0 0
0 0
Other payment categories
13 Cash experiences
Payment record unknown
Unfavorable comments
Placed for collections
Total in D&B's file
99 5
0 0
578
$28,150
$3,550
$0
$0
$18,336,650
$7,500
$2,500
$0
$0
$3,000,000
Accounts are sometimes placed for collection even though the existence or amount of the debt is disputed.

Indications of slowness can be result of dispute over merchandise, skipped invoices, etc.

Date Reported(mm/yy)
Paying Record
High Credit
Now Owes
Past Due
Selling Terms
Last Sale Within(month)
02/20
Ppt
250
0 1 mo
02/20
Ppt
250
100
1 mo
02/20
Ppt
250
100
1 mo
02/20
Ppt
1,000,000
70,000
0 1 mo
02/20
Ppt
55,000
15,000
0 N30
1 mo
02/20
Ppt
40,000
35,000
100
1 mo
02/20
Ppt
35,000
0 0
2-3 mos
02/20
Ppt
30,000
0 0
2-3 mos
02/20
Ppt
10,000
2,500
1,000
1 mo
02/20
Ppt
10,000
0 0
N30
6-12 mos
02/20
Ppt
7,500
0 0
6-12 mos
02/20
Ppt
5,000
5,000
750
1 mo
02/20
Ppt
5,000
0 0
1 mo
02/20
Ppt
5,000
0 0
6-12 mos
02/20
Ppt
2,500
2,500
100
1 mo
02/20
Ppt
2,500
2,500
0 1 mo
02/20
Ppt
2,500
0 0
2-3 mos
02/20
Ppt
2,500
2,500
50 1 mo
02/20
Ppt
2,500
0 0
N30
6-12 mos
02/20
Ppt
2,500
0 0
6-12 mos
02/20
Ppt
2,500
0 0
2-3 mos
02/20
Ppt
1,000
0 0
4-5 mos
02/20
Ppt
1,000
1,000
0 N30
1 mo
02/20
Ppt
1,000
500
250
1 mo

DETAILED PAYMENT HISTORY FOR THIS COMPANY
14 02/20
Ppt
1,000
1 mo
02/20
Ppt
1,000
1,000
0 1 mo
02/20
Ppt
1,000
1,000
0 1 mo
02/20
Ppt
1,000
0 0
1 mo
02/20
Ppt
1,000
1,000
0 1 mo
02/20
Ppt
1,000
0 0
6-12 mos
02/20
Ppt
1,000
0 0
2-3 mos
02/20
Ppt
750
0 0
N30
6-12 mos
02/20
Ppt
750
50 0
N45
1 mo
02/20
Ppt
500
0 0
N30
6-12 mos
02/20
Ppt
500
250
0 1 mo
02/20
Ppt
250
0 0
2-3 mos
02/20
Ppt
250
0 0
2-3 mos
02/20
Ppt
250
0 0
Lease Agreemnt
2-3 mos
02/20
Ppt
100
0 0
6-12 mos
02/20
Ppt
100
100
0 1 mo
02/20
Ppt
100
0 0
6-12 mos
02/20
Ppt
100
0 0
2-3 mos
02/20
Ppt-Slow 15
5,000
2,500
0 1 mo
02/20
Ppt-Slow 15
2,500
1,000
0 1 mo
02/20
Ppt-Slow 30
5,000
0 0
6-12 mos
02/20
Ppt-Slow 30
1,000
250
0 1 mo
02/20
Ppt-Slow 30
1,000
500
250
1 10 N30
1 mo
02/20
Ppt-Slow 60
20,000
15,000
2,500
1 mo
02/20
Ppt-Slow 60
15,000
15,000
4-5 mos
02/20
Ppt-Slow 60
10,000
0 0
6-12 mos
02/20
Ppt-Slow 60
7,500
7,500
4-5 mos
02/20
Ppt-Slow 60
5,000
5,000
4-5 mos
02/20
Ppt-Slow 60
2,500
2,500
1,000
1 mo
02/20
Ppt-Slow 60
2,500
0 0
1 10 N30
1 mo
02/20
Ppt-Slow 90
40,000
15,000
10,000
1 mo
02/20
Ppt-Slow 90
10,000
7,500
250
1 mo
02/20
Ppt-Slow 90
5,000
250
0 1 mo
02/20
Ppt-Slow 90
2,500
2,500
2,500
1 mo
02/20
Ppt-Slow 90
1,000
1,000
1,000
1 mo
15 02/20
Ppt-Slow 90
1,000
1,000
1,000
1 mo
02/20
Ppt-Slow 90+
750
0 0
1 mo
02/20
Slow 20
100
0 0
4-5 mos
02/20
Slow 30
15,000
0 0
2-3 mos
02/20
Slow 30
500
500
500
1 mo
02/20
Slow 30
100
0 0
6-12 mos
02/20
Slow 30
50 0
0 6-12 mos
02/20
Slow 35
5,000
5,000
5,000
N30
1 mo
02/20
Slow 45
100
0 0
4-5 mos
02/20
Slow 60
65,000
0 0
N10
4-5 mos
02/20
Slow 60
1,000
0 0
4-5 mos
02/20
Slow 90
5,000
250
250
4-5 mos
02/20
Slow 90
1,000
0 0
4-5 mos
02/20
Slow 60-90
750
500
0 1 mo
02/20
Slow 90
500
0 0
1 mo
02/20
Slow 90
250
0 0
6-12 mos
02/20
Slow 30-90+
2,500
500
500
1 mo
02/20
Slow 120
7,500
0 0
2-3 mos
02/20
Slow 120
100
100
100
02/20
(079)
0 0
0 Cash account
6-12 mos
01/20
Ppt
400,000
400,000
0 1 mo
Payments Detail Key:
30 or more days beyond terms
Payment experiences reflect how bills are paid in relation to the terms granted. In some instances payment beyond terms can be the result of disputes over merchandise, skipped invoices, etc.Each experience shown is from a separate supplier. Updated trade experiences replace those previously reported
Public Filings
The following data includes both open and closed filings found in D&B's database on this company.

The following Public Filing data is for information purposes only and is not the official record. Certified copies can only be obtained from the official source.

Bankruptcies
0 Latest Filing:

Judgments
1 Latest Filing:
09/17/2014
Liens
2 Latest Filing:
02/06/2020
Suits
39 Latest Filing:
01/22/2020
UCCs
137
Latest Filing:
01/05/2020
16 A
Liens
holder can file the same lien in more than one filing location. The appearance of multiple liens filed by the same lien holder against a debtor may be indicative of such an occurrence.

JUDGMENTS
Judgment award
675
Status
Unsatisfied
CASE NO.

CC2014100988
Judgment type
Judgment
Against

THYSEENKRUPP ELEVATOR, PHOENIX, AZ
In favor of

ERIC STANLEY
Where filed

MARICOPA COUNTY JUSTICE COURT/SOUTH MOUNTAIN, PHOENIX, AZ Date status attained
09/17/2014
Date entered
09/17/2014
Latest Info Received
12/20/2015
LIENS
Amount
68 (Withholding)
Status
Open
FILING NO.
12254804
Type
State Tax
Filed By

STATE OF INDIANA
Where filed

MARION COUNTY CIRCUIT COURT, INDIANAPOLIS, IN
Date status attained
02/06/2020
Date filed
02/06/2020
Latest Info Received
02/10/2020
Amount
0 (Unemployment contribution)
17 Status
Open
FILING NO.
20150716-0069285
Type
State Tax
Filed By

STATE OF TENNESSEE DEPARTMENT OF LABOR AND WORKFOR
Against

THYSSENKRUPP ELEVATOR CORP
Where filed

DAVIDSON COUNTY REGISTER OF DEEDS, NASHVILLE, TN
Date status attained
07/15/2015
Date filed
07/15/2015
Latest Info Received
12/16/2015
SUITS
Status
Pending
CASE NO.
2020-001631-CA-01
Plaintiff

NASAJON, RICARDO
Defendant

THYSSENKRUPP ELEVATOR CORPORATION, MIAMI, FL
Cause
Comm Premises Liability
Where filed

DADE COUNTY CIRCUIT COURT, MIAMI, FL
Date status attained
01/22/2020
Date filed
01/22/2020
Latest Info Received
01/24/2020
Status
Pending
CASE NO.
2020-001492-CA-01
Plaintiff

ABBEY HOTEL ACQUISITION, LLC
Defendant

THYSSENKRUPP ELEVATOR CORPORATION
18 Cause
Contract
&
Indebtedness (Greater than $15,000)
Where filed

DADE COUNTY CIRCUIT COURT, MIAMI, FL
Date status attained
01/21/2020
Date filed
01/21/2020
Latest Info Received
01/22/2020
Status
Pending
CASE NO.
2019CI 7945
Plaintiff

JIMENEZ, JOSE ANGEL
Defendant

THYSSENKRUPP ELEVATOR CORPORATION AND OTHERS
Where filed

PINELLAS COUNTY/CIRCUIT COURT, CLEARWATER, FL
Date status attained
12/02/2019
Date filed
12/02/2019
Latest Info Received
12/10/2019
Status
Pending
DOCKET NO.
201901200521
Defendant

THYSSENKRUPP ELEVATOR CORPORATION
Where filed

PHILADELPHIA COUNTY COMMON PLEAS COURT, PHILADELPHIA, PA Date status attained
12/02/2019
Date filed
12/02/2019
Latest Info Received
12/12/2019
Status
Pending
CASE NO.
1922-CC12016
Plaintiff
JONES , LATAVIA, ST. LOUIS, MO
19 Defendant

THYSSENKRUPP ELEVATOR CORP, SAINT LOUIS, MO
Cause
Personal injury - non-death
Where filed

ST LOUIS CITY CIRCUIT COURT, SAINT LOUIS, MO
Date status attained
11/15/2019
Date filed
11/15/2019
Latest Info Received
12/17/2019
Status
Pending
DOCKET NO.
19CI006461
Plaintiff

TIMOTHY SIMPSON
Defendant

THYSSENKRUPP ELEVATOR CORPORATION
Where filed

JEFFERSON COUNTY CIRCUIT COURT, LOUISVILLE, KY
Date status attained
10/14/2019
Date filed
10/14/2019
Latest Info Received
11/14/2019
Status
Pending
DOCKET NO.
19CI006063
Plaintiff

THOMAS UPCHURCH
Defendant

THYSSENKRUPP ELEVATOR CORPORATION
Where filed

JEFFERSON COUNTY CIRCUIT COURT, LOUISVILLE, KY
Date status attained
09/30/2019
Date filed
09/30/2019
Latest Info Received
10/24/2019
Status
Judgment entered
20 CASE NO.
2019-023095-CA-01
Plaintiff

IMPERIAL FUND I, LLC
Defendant

THYSSENKRUPP ELEVATOR CORPORATION AND OTHERS
Cause
RPMF -Non-Homestead ($250,000 or more)
Where filed

DADE COUNTY CIRCUIT COURT, MIAMI, FL
Date status attained
11/13/2019
Date filed
08/02/2019
Latest Info Received
11/14/2019
Status
Pending
CASE NO.
2019-022502-CA-01
Plaintiff

DIAZ, ARMANDO
Defendant

THYSSENKRUPP ELEVATOR CORPORATION AND OTHERS
Cause
Comm Premises Liability
Where filed

DADE COUNTY CIRCUIT COURT, MIAMI, FL
Date status attained
07/29/2019
Date filed
07/29/2019
Latest Info Received
07/30/2019
Status
Pending
CASE NO.
1922-CC00542
Plaintiff
JONES , LATAVIA, ST. LOUIS, MO
Defendant

THYSSENKRUPP ELEVATOR CORPORATION, SAINT LOUIS, MO
Cause
Personal injury - non-death
Where filed

ST LOUIS CITY CIRCUIT COURT, SAINT LOUIS, MO
Date status attained
03/11/2019
21 If it is indicated that there are defendants other than the report subject, the lawsuit may be an action to clear title to property and does not necessarily imply a claim for money against the subject.

Date filed
03/11/2019
Latest Info Received
09/26/2019

UCC FILINGS
Collateral
Inventory including proceeds and products - Account(s) including proceeds and products
Type
Original
Sec. Party

EPC-FRED, LLC, DALLAS, TX

PACIFIC LIFE INSURANCE COMPANY,

NEWPORT BEACH, CA
Debtor

THYSSENKRUPP ELEVATOR CORPORATION, FRISCO, TX
Filing No.
150015145325
Filed With

SECRETARY OF STATE/UCC DIVISION, AUSTIN, TX
Date Filed
05/13/2015
Latest Info Received
05/21/2015
Collateral
Accounts receivable including proceeds and products - Inventory including proceeds and products - Account(s) including proceeds and products - Equipment including proceeds and products - and OTHERS
Type
Original
Sec. Party

HATHAWAY DINWIDDIE CONSTRUCTION COMPANY, SAN FRANCISCO, CA
Debtor

THYSSENKRUPP ELEVATOR COMPANY, SAN LEANDRO, CA
Filing No.
137355102603
Filed With

SECRETARY OF STATE/UCC DIVISION, SACRAMENTO, CA
Date Filed
03/24/2013
Latest Info Received
04/17/2013
22 Collateral
Accounts receivable and proceeds - Equipment and proceeds Type
Original
Sec. Party

PRIMA POWER NORTH AMERICA, ARLINGTON HTS, IL
Debtor

THYSSENKRUPP ELEVATOR MANUFACTURING INC, MIDDLETON, TN
Filing No.
424972073
Filed With

SECRETARY OF STATE/UCC DIVISION, NASHVILLE, TN
Date Filed
05/08/2016
Latest Info Received
07/14/2016
Collateral
Accounts receivable - Inventory - Account(s) - Building materials - and OTHERS Type
Original
Sec. Party

UMPQUA BANK, ROSEBURG, OR
Debtor
MINTER, GLEN A., TACOMA, WA
and OTHERS
Filing No.
201627234599
Filed With

SECRETARY OF STATE/UCC DIVISION, OLYMPIA, WA
Date Filed
09/27/2016
Latest Info Received
10/03/2016
Collateral
Leased Assets - Leased Machinery - Leased Equipment
Type
Original
Sec. Party

DIRECT CAPITAL CORPORATION, PORTSMOUTH, NH
Debtor

THYSSENKRUPP ELEVATOR CORPORATION, LIVONIA, MI
and OTHERS
Filing No.
2009 1685103
Filed With

SECRETARY OF STATE/UCC DIVISION, DOVER, DE
Date Filed
05/27/2009
23 Latest Info Received
06/23/2009
Collateral
Equipment including proceeds and products
Type
Original
Sec. Party

IKON FINANCIAL SVCS, MACON, GA
Debtor

THYSSEN ELEVATOR COMPANY, MIDDLETON, TN
Filing No.
2009 2262613
Filed With

SECRETARY OF STATE/UCC DIVISION, DOVER, DE
Date Filed
07/14/2009
Latest Info Received
08/12/2009
Collateral
Equipment and proceeds
Type
Original
Sec. Party

CENTURYLINK COMMUNICATIONS, LLC, DENVER, CO
Debtor

THYSSENKRUPP ELEVATOR CORPORATION
Filing No.
2018 5043902
Filed With

SECRETARY OF STATE/UCC DIVISION, DOVER, DE
Date Filed
07/22/2018
Latest Info Received
08/16/2018
Collateral
Computer equipment and proceeds
Type
Original
Sec. Party

C T CORPORATION SYSTEM, AS REPRESENTATIVE, GLENDALE, CA Debtor

THYSSENKRUPP ELEVATOR CORPORATION
Filing No.
2018 0697512
Filed With

SECRETARY OF STATE/UCC DIVISION, DOVER, DE
24 There may be additional suits, liens, or judgments in D&B's file on this company available in the U.S. Public Records Database,also covered under your PPP for DNBi contract. If you would like more information on this database, please contact the Customer Resource Center at 1-800-234-3867.

There are additional UCC's in D&B's file on this company available by contacting 1-800-234-3867 The public record items contained in this report may have been paid, terminated, vacated or released prior to the date this report was printed.

This information may not be reproduced in whole or in part by any means of reproduction.

Date Filed
01/29/2018
Latest Info Received
03/01/2018
Collateral
Equipment and proceeds
Type
Original
Sec. Party
WELLS FARGO BANK, N.A., LINCOLNSHIRE, IL
Debtor

THYSSENKRUPP ELEVATOR CORPORATION, MIDDLETON, TN
Filing No.
2013 3459097
Filed With

SECRETARY OF STATE/UCC DIVISION, DOVER, DE
Date Filed
09/04/2013
Latest Info Received
09/29/2013
Collateral
Equipment and proceeds
Type
Original
Sec. Party
WELLS FARGO BANK, N.A., LINCOLNSHIRE, IL
Debtor

THYSSENKRUPP ELEVATOR CORPORATION, MIDDLETON, TN
Filing No.
2013 2308477
Filed With

SECRETARY OF STATE/UCC DIVISION, DOVER, DE
Date Filed
06/16/2013
Latest Info Received
07/14/2013
25 Special Events
History & Operations
07/02/2019
- MERGER/ACQUISITION:

According to published reports, thyssenkrupp Elevator, DUNS 130441751, (Alpharetta, GA) announced the O'Keefe Elevator, DUNS 007267933, (Omaha, NE).
02/20/2019
The Chief Executive Officer is now Kevin Lavallee, CEO.

COMPANY OVERVIEW
Company Name

THYSSENKRUPP ELEVATOR

CORPORATION
Doing Business As
(SUBSIDIARY OF THYSSENKRUPP

ELEVATOR AMERICAS

CORPORATION, ALPHARETTA, GA)

THYSSENKRUPP ELEVATOR
Street Address
11605 Haynes Bridge Rd Ste 650
Alpharetta, GA
30009
Phone
678 319-3240
URL
www.thyssenkrupp.com
History
CLEAR
Present management control
36 years

HISTORY
The following information was reported

07/16/2019
Officer(s):

KEVIN LAVALLEE, CEO

BARRY PLETCH, CEO-PRES

GERALD GEARHARD, V PRES

BRUCE FISHER, TREAS

JAMES HARRISON, CFO

LAWRENCE PAULSON, SEC

STEVE WEDGE, CFO

THE OFFICER(S)

The Delaware Secretary of State's business registrations file showed that Thyssenkrupp Elevator Corporation was registered as a Corporation on September 28, 1984, under file registration number 2045231.

Business started 1984. 100% of capital stock is owned by parent company.

RECENT EVENTS
:.
26 On July 16, 2019, sources stated that Thyssenkrupp Elevator Corporation, Alpharetta, GA, has acquired O'Keefe Elevator Company, Inc., Omaha, NE, on July 1, 2019. With the acquisition, O'Keefe Elevator Company, Inc. will now operate as a subsidiary of Thyssenkrupp Elevator Corporation. Terms of the transaction were undisclosed. Employees and management were retained. Further details are unavailable.

On July 23, 2012, Greg Bottom, Regional President for ThyssenKrupp Elevator in Florida, stated that ThyssenKrupp Elevator Americas Corp., Frisco, TX, has acquired substantially all of the assets of Atlantic Elevator Sales And Service, Inc., Dania, FL, last December 19, 2005. Acquired were contractual obligations, elevator maintenance agreement, inventories, receivables; The legal entity and locations were not acquired. The legal entity of Atlantic Elevator Sales And Service, Inc. was dissolved last September 15, 2006.

On March 23, 2009, an inside source stated that New York Elevator &
Electrical Corporation, New York, NY, has merged with
Thyssenkrupp Elevator Corporation, Memphis, TN, on January 31, 2009, with Thyssenkrupp Elevator Corporation as the surviving entity. With this acquisition New York Elevator
&
Electrical Corporation has discontinued its legal existence and its location would now operate as a branch of Thyssenkrupp Elevator Corporation. Employees and management were retained. Terms were not disclosed.

KEVIN LAVALLEE. Antecedents are unknown.

BARRY PLETCH born 1948. Antecedents are unknown.

GERALD GEARHARD. Antecedents are unknown.

BRUCE FISHER born 1962. 2004-present active here.

JAMES HARRISON born 1964. Antecedents are unknown.

LAWRENCE PAULSON. Antecedents are unknown.

STEVE WEDGE. Antecedents are unknown.

Business address has changed from 2500 Northwinds Pkwy Ste-375, Alpharetta, GA, 30004 to 15141 E Whittier Blvd #505, Whittier, CA, 90603.

Business address has changed from 15141 E Whittier Blvd #505, Whittier, CA, 90601 to 2500 Northwinds Pkwy # 375, Alpharetta, GA, 30009.

Business address has changed from 2500 Northwinds Pkwy # 375, Alpharetta, GA, 30009 to 11605 Haynes Bridge Rd Ste 650, Alpharetta, GA, 30009.

BUSINESS REGISTRATION

CORPORATE AND BUSINESS REGISTRATIONS PROVIDED BY MANAGEMENT OR OTHER SOURCE

The Corporate Details provided below may have been submitted by the management of the subject business and may not have been verified with the government agency which records such data.

Registered Name:

THYSSENKRUPP ELEVATOR CORPORATION
Business type:

CORPORATION
Corporation
type:

PROFIT
Date
incorporated:
03/19/1985
27 State of
incorporation:

DELAWARE
Filing date:
03/19/1985
Status:

ACTIVE
Where filed:

SECRETARY OF STATE/CORPORATIONS DIVISION, DOVER ,DE

OPERATIONS
07/16/2019
Description:

Subsidiary of THYSSENKRUPP ELEVATOR AMERICAS CORPORATION, ALPHARETTA, GA.

As noted, this company is a subsidiary of Thyssenkrupp Elevator Americas Corporation, Duns# 01-956-3621, and reference is made to that report for background information on the parent and its management.

Manufactures elevators and moving stairways, specializing in elevators or equipment (60%). Contractor of building equipment installation and erection, specializing in elevator installation or conversion (20%). Repairs and inspects elevators (20%).

Has 3,000 account(s). Terms are cash and Net 30 days. Sells to general public and commercial concerns. Territory :

International.

Nonseasonal.

Employees:

8,000 which includes officer(s). 10 employed here.

Facilities:

Rents 3,000 sq. ft. in a multi story a building.

Branches:

This business has multiple branches. Detailed branch or division information is available in Dun &
Bradstreets linkage or family
tree products.

Subsidiaries:

ThyssenKrupp Elevator Corp, Stoneham, MA. DUNS # 00-896-4777. Delaware corporation started 1958. Wholesales and installs elevators. The parent company has guaranteed the obligations of the subsidiary in a document dated Apr 17 1986.

THYSSEN ELEVATOR CAPITAL CORPORATION, Horn Lake, MS. DUNS # 13-044-9507. Delaware corporation started 1958. Manufacturer of elevators. The parent company has guaranteed the obligations of the subsidiary in a document dated Apr 17 1986.

MIAMI ELEVATOR CO INC, Miami, FL. DUNS # 00-783-8832. Started 1947. Operates in sales, service and installation of elevators. The parent company has guaranteed the obligations of the subsidiary in a document dated Apr 17 1986.

THYSSEN SECURITY ELEVATOR COMPANY, King of Prussia, PA, acquired Nov 1990. DUNS # 00-780-1095. Installs elevators. The parent company has guaranteed the obligations of the subsidiary in a document dated Feb 1 1991.

Intercompany relations consist of services and fund transfers between subject and subsidiaries. There are no guarantees or endorsements in effect between these subsidiaries.

SIC & NAICS
SIC:

NAICS:
333921 Elevator and Moving Stairway Manufacturing
238290 Other Building Equipment Contractors
28 Financials
D&B
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On FEB 19 2019 Kevin Lavallee, CEO, deferred all information.

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Financial Date Requested
Requested Period
Requested Year
Requested By
Received Date
Status
No data found
The requested financials below were provided by THYSSENKRUPP ELEVATOR CORPORATION and are not DUNSRight certified.

D & B has been unable to obtain sufficient financial information from this company to calculate business ratios. Our check of additional outside sources also found no information available on its financial performance.

To help you in this instance, ratios for other firms in the same industry are provided below to support your analysis of this business.

Based on this Number of Establishments :

32 Industry Norms Based On 32 Establishments
Based on information in our file, D&B has assigned this company an extended 8-digit SIC. D&B's use of 8-digit
SICs
enables us to be more specific about a company's operations than if we use the standard 4-digit code.

The 4-digit SIC numbers link to the description on the
Occupational Safety & Health Administration (OSHA) Web
site. Links open in a new browser window.
3534
0100

Elevators and equipment
1796
9901

Elevator installation and conversion
7699
2501

Elevators: inspection, service, and repair
811490 Other Personal and Household Goods Repair and Maintenance

COMPANY FINANCIALS

ADDITIONAL FINANCIAL DATA

REQUEST FINANCIALS STATEMENTS

KEY BUSINESS RATIOS
This Business
Industry Median
Industry Quartile
Profitability
29 Spread Financials
This information may not be reproduced in whole or in part by any means of reproduction. ©Dun & Bradstreet, Inc. 2005-2020. All rights reserved
US Government Employee Disclaimer
Return on Sales %
UN

2.1 UN
Return on Net Worth %
UN

4.5 UN
Short Term Solvency
Current Ratio
UN

2.1 UN
Quick Ratio
UN

1.1 UN
Efficiency
Assets to Sale %
UN
121.2
UN
Sales/Net Working Capital
UN

3.9 UN
Utilization
Total Liabilities / Net Worth
%
UN

75.8 UN
UN = Unavailable
30 Requirements for National Cooperative Contract

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 transaction 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 assistan ce between a Federal awarding agency or pass-through entity and a non–Federal entity that, consistent with 31 U.S.C. 6302 –6305:
(a) Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass-through entity to the non –Federal entity to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. 6101(3)); and not to acquire property or services for the Federal government or pass-through entity's direct benefit or use;
(b) Is distinguished from a grant in that it provides for substantial involvement between the Federal awarding agency or pass-through entity and the non –Federal entity in carrying out the activity contemplated by the Federal award. (c) The term does not include:
(1) A cooperative research and development agreement as defined in 15 U.S.C. 3710a; or (2) An agreement that provides only:
(i) Direct United States Government cash assistance to an individual; (ii) A subsidy;
(iii) A loan;
(iv) A loan guarantee; or
(v) 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 entity 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 A cquisition Regulations that a non –Federal entity receives directly from a Federal awarding agency or indirectly from a pass -through entity, as described in § 200.101 Applicability.
(b) The instrument setting forth the terms and conditions. The instrument i s the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph (b) of § 200.40 Federal financial assistance, or the cost - reimbursement contract awarded under the Federal Acquisition Regulations. (c) 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 operated facilities (GOCOs). (d) See also definitions of Federal financial assistance, grant agreem ent, 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.

Requirements for National Cooperative Contract

FEMA SPECIAL CONDITIONS

Awarded Supplier(s) may need to respond to events and losses where products and services are needed for the immediate and initial response to emergency situations such as, but not limited to, water damage, fire damage, vandalism cleanup, biohazard cleanup, sewage decontamination, deodorization, and/or wind damage during a disaster or emergency situation. By submitting a proposal, the Supplier is accepted these FEMA Special Conditions required by the Federal Emergency Management Agency (FEMA).

“Contract” in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as the “Master Agreement”.

“Contractor” in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as “Supplier” or “Awarded Supplier”.

Conflicts of Interest
No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a FEMA award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, an y 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. § 200.3 18(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 orga nization 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 Chapter III, ¶ 6.d must be rejected and cannot receive contract awards at any level.

Public Policy
A contractor must comply with the public policies of the Federal Government and state, local gov ernment, 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;

Requirements for National Cooperative Contract

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.

Bid Guarantee
For proposals that are to include construction/reconstruction/renovation and related services, bids must be accompanied by Certified or Cashier's Check or an approved Bid Bond in the amount of not less than five percent (5%) of the total bid. Surety shall provide a copy of the Power of Attorney authorizing the Executing Agent the authority to execute the bid bo nd documents and bind the Surety to the bid bond conditions. The bid bond shall have a corporate Surety that is licensed to conduct business in the state of the lead agency and authorized to underwrite bonds in the amount of the bid bond.

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

9. Termination for Convenience:

The right to terminate this Contract for the convenience of the Participating Public Agency is retained by the Participating Public Agency. In the event of a termination for convenience by the Participating Public Agency, the Participating Public Agency shall, at least ten (10) calendar days in advance, deliver written notice of the termination for convenien ce to Contractor. Upon Contractor’s receipt of such written notice, Contractor immediately shall cease the performance of the Work and shall take reasonable and appropriate action to secure and protect the Work then in place. Contractor shall then be paid by the Participating Public Agency, in accordance with the terms and provisions of the Contract Documents, an amount not to exceed the actual labor costs incurred, the actual cost of all materials installed and the actual cost of all materials stored at th e project site or away from the project site, as approved in writing by the Participating Public Agency but not yet paid for and which cannot be returned, and actual, reasonable and documented demobilization costs, if any, paid by Contractor and approved b y the Participating Public Agency in connection with the Scope of Work in place which is completed as of the date of termination by the Participating Public Agency and that is in conformance with the Contract Documents, less all amounts previously paid for the Work. No amount ever shall be owed or paid to Contractor for lost or anticipated profits on any part of the Scope of Work not performed or for consequential damages of any kind.

10. Equal Employment Opportunity:

The Participating Public Agency highly en courages Contractors to implement Affirmative Action practices in their employment programs. This means Contractor should not discriminate against any employee or applicant for employment because of race, color, religion, sex, pregnancy, sexual orientation, political belief or affiliation, age, disability or genetic information.

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

Requirements for National Cooperative Contract

(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, re ligion, 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 by the contracting officer 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 h as 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 complai nt 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 uni on 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 comm itments under section 202 of Executive Order 11246 of September 24, 1965, 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 the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's non -compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part an d the contractor may be declared ineligible for further Government 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 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 r espect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

11. “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, 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, or national origin. Such action shall include, but not be limited to the

Requirements for National Cooperative Contract

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 considerations for employment without regard to race, color, religion, sex, or national origin.

(3) 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.

(4) 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.

(5) 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.

(6) 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 as 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.

(7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) 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.”

Requirements for National Cooperative Contract

12. Davis Bacon Act and Copeland Anti-Kickback Act.

a. Applicability of Davis -Bacon Act . The Davis-Bacon Act only 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. It does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program.

b. 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.

c. 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.

d. 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.

e. In contracts subject to the Davis -Bacon Act, 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 at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Pa rt 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 g ive 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.

f. The regulation at 29 C.F.R. § 5.5(a) does provide the required contract clause that applies to compliance with both the Davis-Bacon and Copeland Acts. However, as discussed in the previous subsection, the Davis-Bacon Act does not apply to Public Assistance recipients and subrecipients. In situations where the Davis-Bacon Act does not apply, neither does the Copeland “Anti -Kickback Act. ” However, for purposes of grant programs where both clauses do apply, FEMA requires the following contract clause:

“Compliance with the Copeland “Anti-Kickback” Act.

(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40U.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.
(2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the 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
(3) 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.”

Requirements for National Cooperative Contract

13. Contract Work Hours and Safety Standards Act.

a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs.

b. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II, ¶ E.

c. 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.

d. 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.

e. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act:

“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 such workweek.
(2) Violation; liability for unpaid wages; liquidated damages . In the event of any violation of the clause set forth in paragraph (1) of this section the contr actor 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 paragr aph (1) of this section, in the sum of $10 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 (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or 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 perf ormed 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 p rime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and

Requirements for National Cooperative Contract

liquidated damages as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (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 shal l be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.”

14. Rights to Inventions Made Under a Contract or Agreement.

a. Stafford Act Disaster Grants. This requirement 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.”

b. If the FEMA award meets the definition of “funding agreement” under 37 C.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.

c. The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than t he 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.

15. Clean Air Act and the Federal Water Pollution Control Act . Contracts of amounts in excess of $150,000 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.

a. The following provides a sample contract clause concerning compliance for contracts of amounts in excess of $150,000:

“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.§ 7401 et seq.

(2) The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

Requirements for National Cooperative Contract

(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

(4) 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.
(5) The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government ) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

(6) The contractor agrees to include these require ments in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.”

16. Debarment and Suspension.

a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs.

b. 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).

c. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or in eligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II, ¶ H; and Procurement Guidance for Recipients and Subrecipients Under 2 C.F.R. Part 200 (Uniform Rules):

Supplement to the Public Assistance Procur ement Disaster Assistance Team (PDAT) Field Manual Chapter IV, ¶ 6.d, and Appendix C, ¶ 2 [hereinafter PDAT Supplement]. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Service s 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; PDAT Supplement, Chapter IV, ¶ 6.d and Appendix C, ¶ 2.

d. In general, an “excluded” party cannot receive a Federal grant award or a contract within the meaning of a “covered transaction,” to include subawards and subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a “covered transaction,” which is any non-procurement 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 subrecipient.

e. 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.

Requirements for National Cooperative Contract

(2) The contract requires the approval of FEMA, regardless of amount.

(3) The contract is for federally required audit services.

(4) A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of $25,000.

d. 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, its 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 and 2 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 (insert name of subrecipient). 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 (name of state agency serving as recipient and name of subre cipient), 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 th is 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.”

17.Byrd Anti-Lobbying Amendment.

c. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs.
d. Contractors that apply or bid for an award of $100,000 or more must file the required certification. See 2 C.F.R. Part 200, Appendix II, ¶ I; 44 C.F.R. Part 18; PDAT Supplement, Chapter IV, 6.c; Appendix C, ¶ 4.
e. 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 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 non -Federal award. See PDAT Supplement, Chapter IV, ¶ 6.c and Appendix C, ¶ 4.

Requirements for National Cooperative Contract

f. The following provides a Byrd Anti-Lobbying contract clause:

“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 att empting 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.”
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge, 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 modifica tion of any Federal contract, grant, loan, or cooperative agreement.

2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3.The undersigned shall require that the language of this certification be included 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 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). 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. § 3801 et seq., apply to this certification and disclosure, if any.

thyssenkrupp Elevator
04/03/2020

Requirements for National Cooperative Contract

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. 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.

m. Access to Records.

All non-Federal entities must place into their contracts a provision that all contractors and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing Department and FEMA access to re cords, accounts, documents, information, facilities, and staff. See DHS Standard Terms and Conditions, v 3.0, ¶ XXVI (2013).

n. The following provides a contract clause regarding access to records:

“Access to Records. The following access to records requirements apply to this contract:

(4) The contractor agrees to provide (insert name of state agency or local or Indian tribal government), (insert name of recipient), 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.

(5) 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.

(6) 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.”

20.DHS Seal, Logo, and Flags.

o. All non-Federal entities must 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. See DHS Standard Terms and Conditions, v

3.0, ¶ XXV (2013).

p. The following provides a contract clause regarding DHS Seal, Logo, and Flags: “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.”

21.Compliance with Federal Law, Regulations, and Executive Orders.

q. All non-Federal entities must 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.

thyssenkrupp Elevator
3100 Interstate N Circle, SE, Suite 500 Atlanta, GA 30339 770-799-0478
[email protected]
04/03/2020

Requirements for National Cooperative Contract

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, Public Sector’s ability to promote the Master Agreement in the State of New Jersey.

DOC #1 Ownership Disclosure Form

DOC #2 Non-Collusion Affidavit

DOC #3 Affirmative Action Affidavit

DOC #4 Political Contribution Disclosure Form

DOC #5 Stockholder Disclosure Certification

DOC #6 Certification of Non-Involvement in Prohibited Activities in Iran

DOC #7 New Jersey Business Registration Certificate

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;

• 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.

thyssenkrupp Elevator
3100 Interstate N Circle , SE, Suite 500
Atlanta, GA 30339
04/03/2020
thyssenkrupp Elevator
3100 Interstate N Circle , SE, Suite 500
Atlanta, GA 30339
thyssenkrupp Elevator
04/03/2020
thyssenkrupp Elevator
3100 Interstate N Circle SE Suite 500
Atlanta, GA 30339

Requirements for National Cooperative Contract

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 applic ant 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 f or 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 offi cer 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 ap plicable, 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, n ational 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, upgrading, downgrading and lay -off to ensure that all such actions are taken without regard to age, creed, color, national origin , ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.

The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these

Requirements for National Cooperative Contract