Region 4 Education Service Center (ESC)
Contract #R200401
for
HVAC Equipment, Installation, Services & Related
Products
with
Daikin Applied Americas Inc.
Effective: October 1, 2020
The following documents comprise the executed contract between the
Region 4 Education Service Center and Daikin Applied Americas Inc.,
effective October 1, 2020:
I. Vendor Contract and Signature Form
II. Supplier’s Response to the RFP, incorporated by reference
APPENDIX A
CONTRACT
This Contract (“Contract”) is made as of __________, 2020 by and between Daikin Applied
Americas, Inc. (“Contractor”) and Region 4 Education Service Center (“Region 4 ESC”) for the
purchase of HVAC Equipment, Installation, Service & Related Products (“the products and
services”).
RECITALS
WHEREAS, Region 4 ESC issued Request for Proposals Number R #20-04 for HVAC Equipment,
Installation, Service & Related Products (“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 expiration 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 extend 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.
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3) Form of Contract. The form of Contract shall be the RFP, the Offeror’s proposal and Best and
Final Offer(s).
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;
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iv. Failing to complete required work or furnish required materials within a reasonable
amount of time;
v. Failing to make progress in performance of the Contract or giving 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 a reasonable period of
time 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 and upon payment for work and materials already performed or furnished, all
goods, materials, work, documents, data and reports prepared by Contractor under the
Contract shall immediately become the property of Region 4 ESC. Reference to
“specifications” herein shall be construed to mean “approved submittals” relating to
equipment furnished by Contractor.
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 for Region 4 ESC 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 a mutual agreed
timeframe or failure to make repairs, replacements or corrections in accordance with the
applicable warranty (as defined below) shall constitute grounds for the Contract to be
terminated, subject to the provisions set forth in Section 11(a) providing for notice to
Contractor and Contractor’s reasonable opportunity to cure any alleged unmet
performance obligation.
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; explosions,
breakage or accidents to machinery, pipelines or canals, or other causes not reasonably
within the control of the party claiming such inability. It is understood and agreed that the
settlement of strikes and lockouts shall be entirely within the discretion of the party having
the difficulty, and that the above requirement that any Force Majeure shall be remedied
with all reasonable dispatch shall not require the settlement of strikes and lockouts by
acceding to the demands of the opposing party or parties when such settlement is
unfavorable in the judgment of the party having the difficulty.
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
CONTRACT
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party receives the notice of cancellation. Any purchase order, service order or agreement
to procure goods and services already accepted by Contractor prior to such termination
shall continue through its fulfillment and payment, notwithstanding any termination of this
Contract.
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
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 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.
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. First Destination and shall
be included in all pricing offered unless otherwise clearly stated in writing or as otherwise
indicated by Contractor or the applicable manufacturer.
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
provided that before such return Region 4 ESC and contractor have mutually agreed on a
timeframe within which contractor may cure the alleged defect or incorrect delivery and allow
the contractor to effect such cure. 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 but in no event later than
sixty (60) days from invoice date.
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.
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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
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. Notwithstanding the foregoing,
Region 4 ESC’s audit rights shall apply only to orders placed under the Contract. In no event
will Contractor’s liability for the cost of any audit exceed $10,000.00.
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. Contractor will provide the manufacturer’s Limited Product Warranty as the exclusive
warranty furnished for equipment, goods or materials furnished pursuant to the Contract.
Services performed by Contractor (or its subcontractors) are guaranteed to meet industry
standards for a period of one (1) year from completion of such services. THESE
WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR
A SPECIFIC PURPOSE WHICH ARE HEREBY SPECIFICALLY DISCLAIMED.
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
CONTRACT
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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 are 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 additional 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 state law
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 later 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 additionally
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 Clause. 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, provided, however, that any purchase order or agreement
for the sales of materials, equipment or services accepted by contractor prior to such
termination shall not be terminated or cancelled but instead negotiated to continue through
their completion and payment with the public agencies.
30) Indemnity. Contractor shall protect, indemnify, and hold harmless both Region 4 ESC and its
administrators, employees and agents against all claims, damages, losses and expenses
arising out of or resulting from bodily injury or damage to tangible property to the extent
resulting from the negligent actions of the Contractor, Contractor employees or subcontractors
in the preparation of the solicitation and the later execution of the Contract. Any litigation
CONTRACT
6
involving either Region 4 ESC, its administrators and employees and agents will be in Harris
County, Texas.
31) Marketing. Upon prior written request to and written approval by Contractor, 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. Any such permission for use provided by Contractor shall terminate upon notice by
Contractor or termination of this Agreement.
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.
34) LIMITATION OF LIABILITY:NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED WITHIN THE CONTRACT, IN NO EVENT WILL EITHER PARTY BE LIABLE
FOR SPECIAL,INCIDENTAL, INDIRECT, PUNITIVE,CONSEQUENTIAL, DELAY OR
LIQUIDATED DAMAGES FOR ANY REASON WHETHER OR NOT FORESEEABLE, NOR
SHALL EITHER PARTY SEEK OR APPLY FOR SUCH DAMAGES. “CONSEQUENTIAL
DAMAGE” INCLUDES, WITHOUT LIMITATION, LOSS OF ANTICIPATED PROFITS;
BUSINESS INTERRUPTION; LOSS OF USE, REVENUE, AND REPUTATION OR DATA. IN
NO EVENT WILL EITHER PARTY’S LIABILITY HEREUNDER, WHETHER IN LAW, EQUITY,
CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EXCEED THE PRICE PAID OR PAYABLE FOR THE EQUIPMENT, GOODS OR SERVICES
GIVING RISE TOTHE CLAIM
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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.)
X 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 Exception/Proposed Modification Accepted
Specification (For Region 4
ESC’s use)
See Following pages for complete list of Exceptions/Proposed Modifications
8/24/20 Region 4 accepts exceptions
Page 29
For use with Appendix B, Terms and Conditions Exceptions to RFP pg. 29
Section/Page Term, Condition or Exception/Proposed Modification Accepted (For
Specification Region 4 ESC’s use)
Section Cancellation for Non- To the end of Section 11(a), insert the
11(a)/Page 24 Performance or Contractor following sentence, “Reference to
Deficiency “specifications” herein shall be
construed to mean “approved
submittals” relating to equipment
furnished by Contractor.
Section Cancellation for Non- In the last paragraph of Section 11(a),
11(a)/Page 24 Performance or Contractor change “ten (10) days” to “a reasonable
Deficiency time”
Section Cancellation for Non- In the last paragraph of Section 11(a),
11(a)/Page 24 Performance or Contractor after “under this paragraph” insert “and
Deficiency upon payment for work and materials
already performed or furnished”
Section Termination for Cause Please delete this section in its entirety.
11(b)/Page 24 Generally duplicative of Sections 11(a)
and 11(d).
Section Delivery/Service Failures Replace the first sentence with the
11(c)/Page 24 following, “Failure to deliver goods or
services within a mutually agreed
timeframe or failure to make repairs,
replacements or corrections in
accordance with the applicable
warranty (as defined below) shall
constitute grounds for the Contract to
be terminated, subject to the provisions
set forth in Section 11(a) providing for
notice to Contractor and Contractor’s
reasonable opportunity to cure any
alleged unmet performance obligation.
Delete the last sentence “In the even
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.
Section Standard Cancellation Replace the third sentence of Section
11(e)/Page 24 11(e) with the following, “Any purchase
order, service order or agreement to
procure goods and services already
accepted by Contractor prior to such
termination shall continue through its
fulfillment and payment,
notwithstanding any termination of this
Contract.”
Section Delivery Revise the first sentence of Section 14
14/Page 25 by adding the following to the end of
For use with Appendix B, Terms and Conditions Exceptions to RFP pg. 29
the sentence, “or as otherwise indicated
by Contractor or the applicable
manufacturer.”
Section Delivery In the last sentence of Section 14, insert
14/Page 25 “First” before “Destination”
Section Inspection & Acceptance Revised the first sentence of Section 15
15/Page 25 by adding the following to the end of
the sentence “, provided that before
such return Region 4 ESC and contractor
have mutually agreed on a timeframe
within which contractor may cure the
alleged defect or incorrect delivery and
allow the contractor to effect such
cure.”
Section Payments To the end of Section 16, add “but in no
16/Page 24 event later than sixty (60) days from
invoice date.”
Section Audit Rights To the end of Section 18, add the
18/Page 24 following, “Notwithstanding the
foregoing, Region 4 ESC’s audit rights
shall apply only to orders placed under
the Contract. In no event will
Contractor’s liability for the cost of any
audit exceed $10,000.”
Section Warranty Conditions To the end of Section 22, add the
22/Page 26 following, “Contractor will provide the
manufacturer’s Limited Product
Warranty as the exclusive warranty
furnished for equipment, goods or
materials furnished pursuant to the
Contract. Services performed by
Contractor (or its subcontractors) are
guaranteed to meet industry standards
for a period of one (1) year from
completion of such services. THESE
WARRANTIES ARE IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THOSE OF
MERCHANTABILITY AND FITNESS FOR A
SPECIFIC PURPOSE WHICH ARE HEREBY
SPECIFICALLY DISCLAIMED.”
Section Funding out Clause To the end of section 29 add the
29/Page 27 following “, provided, however, that any
purchase order or agreement for the
sale of materials, equipment or services
accepted by contractor prior to such
termination shall not be terminated or
cancelled but instead continue through
their completion and payment with the
public agencies.”
For use with Appendix B, Terms and Conditions Exceptions to RFP pg. 29
Section Indemnity Revise the first sentence of Section 30
30/Page 27 as follows: (i) by inserting “bodily injury
or damage to tangible property to the
extent directly resulting from” after
“resulting from”; and (ii) by inserting
“negligent” before “actions of the
Contractor”
Section Insert New Section 34, Insert New Section 34 as follows:
34/Page 27 Limitation of Liability LIMITATION OF LIABILITY:
NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED WITHIN
THE CONTRACT, IN NO EVENT WILL
EITHER PARTY BE LIABLE FOR SPECIAL,
INCIDENTAL, INDIRECT, PUNITIVE,
CONSEQUENTIAL, DELAY OR
LIQUIDATED DAMAGES FOR ANY
REASON WHETHER OR NOT
FORESEEABLE, NOR SHALL EITHER
PARTY SEEK OR APPLY FOR SUCH
DAMAGES. “CONSEQUENTIAL
DAMAGE” INCLUDES, WITHOUT
LIMITATION, LOSS OF ANTICIPATED
PROFITS; BUSINESS INTERRUPTION;
LOSS OF USE, REVENUE, AND
REPUTATION OR DATA. IN NO EVENT
WILL EITHER PARTY’S LIABILITY
HEREUNDER, WHETHER IN LAW,
EQUITY, CONTRACT, INFRINGEMENT,
NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EXCEED THE PRICE PAID
OR PAYABLE FOR THE EQUIPMENT,
GOODS OR SERVICES GIVING RISE TO
THE CLAIM.
Appendix A, Marketing Insert prior to the first sentence the
#31, Page 31, following “Upon prior written request OMNIA Parterns sections
Page 65 and to and written approval by Contractor,”
National Contractor agrees to allow Region 4
Promotion #10 ESC…
Add as the last sentence “Any such
permission for use to provided by
Contractor to Region 4 ESC shall
terminate upon notice by Contractor or
termination of this Agreement.”
Appendix C, Rights to Inventions Made Section 6 is stricken in its entirety.
DOC #5, Under a Contract or Contractor reserves all intellectual
Special Agreement property rights.
Conditions,
Section 6/Page
42
Appendix D, Sales Commitment Revise Section 2.2 to read as follows,
Exhibit A, “Supplier commits to the not-to-exceed
For use with Appendix B, Terms and Conditions Exceptions to RFP pg. 29
Response for pricing provided under the Master
National Agreement for purchases made under
Cooperative the Master Agreement (including its
Contract, terms and conditions). OMNIA and
Section Region 4 ESC recognize that Contractor
2.2/Page 57 may have other group or cooperative
purchasing agreements as well as
Contractor’s GSA Schedules (“Other
Contracts”). In the event such Other
Contracts provide to members or
purchasers more favorable pricing,
Contractor is under no obligation to
make such pricing available under the
Master Agreement. Additionally,
Contractor may have existing contracts
with members or purchasers and in
those instances, current pricing will not
be affected or modified.”
Appendix D, Administrative Fee In the last sentence of Section 13, insert
Exhibit B, “undisputed” before “paid when due
Administration shall bear”
Agreement,
Section
13/Page 66
Appendix D, Rights to Inventions Section 14 is stricken in its entirety.
Exhibit F, Contractor reserves all intellectual
FEMA Special property rights.
Conditions,
Section
14/Page 85
Appendix D, Contract Sales Strike this section and replace with,
Exhibit A, ‘Supplier projects, but does not
Response for guarantee, OMNIA contract sales in the
National first three years of the contract to be:
Cooperative
Contract, $55M in year one (CY2021)
Section 3.3.L $60M in year two (CY2022)
$65M in year three (CY2023)
The Administrative Fee shall be
calculated as set forth in the Public
Sector Administration Agreement,
Section 11, per Daikin Applied’s
requested revisions below.
Explanation: Dodge expects a
contraction in non-residential
construction permits 2020 – 2022, and
although Daikin Applied does not
guarantee sales goals, we are optimistic
that we can achieve these projected
revenue targets.
For use with Appendix B, Terms and Conditions Exceptions to RFP pg. 29
Appendix D, Administrative Fee Replace the first sentence of Section 11
Exhibit B, with the following, ‘An “Administrative
Section 11, Fee” shall be calculated and due to
Administrative OMNIA Partners, Public Sector from
Fee, Reporting Supplier based on the Administrative
and Payment Fee Percentage (as defined below)
which will be no greater than the lowest
fee being paid by any other HVAC
contract holders in OMNIA Partners
portfolio (“Administrative Fee
Percentage”) multiplied by the total
purchase amount paid to Supplier, less
refunds, credits on returns, rebates and
discounts, for the sale of products
and/or services to Principal
Procurement Agency and Participating
Public Agencies pursuant to the Master
Agreement (as amended from time to
time and including any renewal thereof)
(“Contract Sales”).’
Appendix D, Sales Reporting Replace template with Daikin specific
Exhibit E, reporting template.
Contract Sales
Reporting
Template
RFP III section Samples Delete this section as samples are not
22 page 11 available as all equipment is engineered
and manufactured to specification
requirements.
Offeror’s Company Name
Daikin Applied Americas Inc.
Solicitation Name
HVAC Equipment, Installation,
Service, & Related Products
Solicitation Number
20-04
July 14, 2020
7145 West Tidwell Road ~ Houston, Texas 77092
(713)-462-7708
www.esc4.net
NOTICE TO OFFEROR
ADDENDUM NO. 1
Solicitation Number 20-04
Request for Proposal (“RFP”)
by
Region 4 Education Service Center (“ESC”)
for
HVAC Equipment, Installation, Services & Related Products
SUBMITTAL DEADLINE: Tuesday, April 7, 2020, 10:00 AM CENTRAL TIME
This Addendum No. 1 amends the Request for Proposals (RFP) for HVAC Equipment,
Installation, Services & Related Products (“Addendum”). To the extent of any discrepancy
between the original RFP and this Addendum, this Addendum shall prevail.
Region 4 Education Service Center (“Region 4 ESC”) requests proposals from qualified
suppliers with the intent to enter into a Contract for HVAC Equipment, Installation, Services &
Related Products. Addendum No. 1 is hereby issued as follows:
1. Submittal Deadline: The submittal deadline for this RFP is hereby changed from
Tuesday, March 24, 2020 @ 2:00 PM Central Time and extended as indicated below
and above:
• Tuesday, April 7, 2020 @ 10:00 AM Central Time
RECEIPT OF ADDENDUM NO. 1 ACKNOWLEDGEMENT
Offeror shall acknowledge this addendum by signing below and include in their proposal
response.
Daikin Applied Americas Inc
Company Name ______________________________________
Duane Rothstien
Contact Person _______________________________________
Signature ____________________________________________
July 1, 2020
Date ________________________________________________
Crystal Wallace
Region 4 Education Service Center
Business Operations Specialist
7145 West Tidwell Road ~ Houston, Texas 77092
(713)-462-7708
www.esc4.net
NOTICE TO OFFEROR
ADDENDUM NO. 2
Solicitation Number 20-04
Request for Proposal (“RFP”)
by
Region 4 Education Service Center (“ESC”)
for
HVAC Equipment, Installation, Services & Related Products
SUBMITTAL DEADLINE: Tuesday, April 14, 2020, 10:00 AM CENTRAL TIME
This Addendum No. 2 amends the Request for Proposals (RFP) for HVAC Equipment,
Installation, Services & Related Products (“Addendum”). To the extent of any discrepancy
between the original RFP and this Addendum, this Addendum shall prevail.
Region 4 Education Service Center (“Region 4 ESC”) requests proposals from qualified
suppliers with the intent to enter into a Contract for HVAC Equipment, Installation, Services &
Related Products. Addendum No. 2 is hereby issued as follows:
1. Submittal Deadline: The submittal deadline for this RFP is hereby changed from
Tuesday, April 7, 2020 @ 10:00 AM Central Time and extended as indicated below and
above:
• Tuesday, April 14, 2020 @ 10:00 AM Central Time
RECEIPT OF ADDENDUM NO. 2 ACKNOWLEDGEMENT
Offeror shall acknowledge this addendum by signing below and include in their proposal
response.
Daikin Applied Americas Inc
Company Name ______________________________________
Duane Rothstien
Contact Person _______________________________________
Signature ____________________________________________
July 1, 2020
Date ________________________________________________
Crystal Wallace
Region 4 Education Service Center
Business Operations Specialist
7145 West Tidwell Road ~ Houston, Texas 77092
(713)-462-7708
www.esc4.net
NOTICE TO OFFEROR
ADDENDUM NO. 3
Solicitation Number 20-04
Request for Proposal (“RFP”)
by
Region 4 Education Service Center (“ESC”)
for
HVAC Equipment, Installation, Services & Related Products
SUBMITTAL DEADLINE: Tuesday, May 5, 2020, 10:00 AM CENTRAL TIME
This Addendum No. 3 amends the Request for Proposals (RFP) for HVAC Equipment,
Installation, Services & Related Products (“Addendum”). To the extent of any discrepancy
between the original RFP and this Addendum, this Addendum shall prevail.
Region 4 Education Service Center (“Region 4 ESC”) requests proposals from qualified
suppliers with the intent to enter into a Contract for HVAC Equipment, Installation, Services &
Related Products. Addendum No. 3 is hereby issued as follows:
1. Submittal Deadline: The submittal deadline for this RFP is hereby changed from
Tuesday, April 14, 2020 @ 10:00 AM Central Time and extended as indicated below
and above:
• Tuesday, May 5, 2020 @ 10:00 AM Central Time
RECEIPT OF ADDENDUM NO. 3 ACKNOWLEDGEMENT
Offeror shall acknowledge this addendum by signing below and include in their proposal
response.
Daikin Applied Americas Inc
Company Name ______________________________________
Duane Rothstien
Contact Person _______________________________________
Signature ____________________________________________
July 1, 2020
Date ________________________________________________
Crystal Wallace
Region 4 Education Service Center
Business Operations Specialist
7145 West Tidwell Road ~ Houston, Texas 77092
(713)-462-7708
www.esc4.net
NOTICE TO OFFEROR
ADDENDUM NO. 4
Solicitation Number 20-04
Request for Proposal (“RFP”)
by
Region 4 Education Service Center (“ESC”)
for
HVAC Equipment, Installation, Services & Related Products
SUBMITTAL DEADLINE: Tuesday, May 5, 2020, 10:00 AM CENTRAL TIME
This Addendum No. 4 amends the Request for Proposals (RFP) for HVAC Equipment,
Installation, Services & Related Products (“Addendum”). To the extent of any discrepancy
between the original RFP and this Addendum, this Addendum shall prevail.
Region 4 Education Service Center (“Region 4 ESC”) requests proposals from qualified
suppliers with the intent to enter into a Contract for HVAC Equipment, Installation, Services &
Related Products. Addendum No. 4 is hereby issued as follows:
1. Proposal Format: The submission requirement in Section 5 in the “Instructions to
Offerors” in this RFP is hereby revised as follows:
• The requirement for two (2) bound copies is waived.
• Offeror must submit their complete response on two (2) electronic copies; pin/flash
drives. Offeror must also submit two (2) electronic proposals free of propriety
information to be posted, if awarded a Contract.
2. Required Documents
• Any document requiring appearance before a notary shall be waived until a later
date or upon Region 4 ESC request.
RECEIPT OF ADDENDUM NO. 4 ACKNOWLEDGEMENT
Offeror shall acknowledge this addendum by signing below and include in their proposal
response.
Daikin Applied Americas Inc
Company Name ______________________________________
Duane Rothstien
Contact Person _______________________________________
Signature ____________________________________________
July 1, 2020
Date ________________________________________________
Crystal Wallace
Region 4 Education Service Center
Business Operations Specialist
7145 West Tidwell Road ~ Houston, Texas 77092
(713)-462-7708
www.esc4.net
NOTICE TO OFFEROR
ADDENDUM NO. 5
Solicitation Number 20-04
Request for Proposal (“RFP”)
by
Region 4 Education Service Center (“ESC”)
for
HVAC Equipment, Installation, Services & Related Products
SUBMITTAL DEADLINE: Thursday, June 18, 2020, 10:00 AM CENTRAL TIME
This Addendum No. 5 amends the Request for Proposals (RFP) for HVAC Equipment,
Installation, Services & Related Products (“Addendum”). To the extent of any discrepancy
between the original RFP and this Addendum, this Addendum shall prevail.
Region 4 Education Service Center (“Region 4 ESC”) requests proposals from qualified
suppliers with the intent to enter into a Contract for HVAC Equipment, Installation, Services &
Related Products. Addendum No. 5 is hereby issued as follows:
1. Submittal Deadline: The submittal deadline for this RFP is hereby changed from
Tuesday, May 5, 2020 @ 10:00 AM Central Time and extended as indicated below and
above:
• Thursday, June 18, 2020 @ 10:00 AM Central Time
2. Approval from Region 4 ESC: Approval of contract award date is hereby changed
from June 23, 2020 and extended as indicated below:
• August 25, 2020 (tentative and subject to change)
RECEIPT OF ADDENDUM NO. 5 ACKNOWLEDGEMENT
Offeror shall acknowledge this addendum by signing below and include in their proposal
response.
Daikin Applied Americas Inc
Company Name ______________________________________
Duane Rothstien
Contact Person _______________________________________
Signature ____________________________________________
July 1, 2020
Date ________________________________________________
Crystal Wallace
Region 4 Education Service Center
Business Operations Specialist
7145 West Tidwell Road ~ Houston, Texas 77092
(713)-462-7708
www.esc4.net
NOTICE TO OFFEROR
ADDENDUM NO. 6
Solicitation Number 20-04
Request for Proposal (“RFP”)
by
Region 4 Education Service Center (“ESC”)
for
HVAC Equipment, Installation, Services & Related Products
SUBMITTAL DEADLINE: Tuesday, July 14, 2020, 10:00 AM CENTRAL TIME
This Addendum No. 6 amends the Request for Proposals (RFP) for HVAC Equipment,
Installation, Services & Related Products (“Addendum”). To the extent of any discrepancy
between the original RFP and this Addendum, this Addendum shall prevail.
Region 4 Education Service Center (“Region 4 ESC”) requests proposals from qualified
suppliers with the intent to enter into a Contract for HVAC Equipment, Installation, Services &
Related Products. Addendum No. 6 is hereby issued as follows:
1. Submittal Deadline: The submittal deadline for this RFP is hereby changed from
Thursday, June 18, 2020 @ 10:00 AM Central Time and extended as indicated below
and above:
• Tuesday, July 14, 2020 @ 10:00 AM Central Time
2. Approval from Region 4 ESC: Approval of contract award date is hereby changed
from June 23, 2020 and extended as indicated below:
• August 25, 2020 (tentative and subject to change)
RECEIPT OF ADDENDUM NO. 6 ACKNOWLEDGEMENT
Offeror shall acknowledge this addendum by signing below and include in their proposal
response.
Daikin Applied Americas Inc
Company Name ______________________________________
Duane Rothstien
Contact Person _______________________________________
Signature ____________________________________________
July 1, 2020
Date ________________________________________________
Crystal Wallace
Region 4 Education Service Center
Business Operations Specialist
Offeror’s Company Name
Daikin Applied Americas Inc.
Solicitation Name
HVAC Equipment, Installation,
Service, & Related Products
Solicitation Number
20-04
Tab 3
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, for the purchase of
_____________________ (the “Product”);
WHEREAS, said Master Agreement provides that any or all public agencies, including state
and local governmental entities, public and private primary, secondary and higher education
entities, non-profit entities, and agencies for the public benefit (collectively, “Public Agencies”),
that register (either via registration on the 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, Public 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
Page 63 of 122
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 response 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 purchases 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, and 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 SECTOR 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 SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE,
OR RELIANCE DAMAGES, EVEN IF OMNIA PARTNERS, PUBLIC SECTOR IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
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 11 – 22, hereof and the
Requirements for National Cooperative Contract
Page 64 of 122
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 services to Principal Procurement Agency and
Participating Public Agencies pursuant to the Master Agreement (as amended from time to time
and including any renewal thereof) (“Contract Sales”). From time to time the parties may mutually
agree in writing to a lower Administrative Fee Percentage for a specifically identified Participating
Public Agency’s Contract Sales.
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 provided as
Exhibit C (“Contract Sales Report”), attached hereto and incorporated herein by reference.
Contract Sales Reports for each calendar month shall be provided by Supplier to OMNIA
Partners, 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
Requirements for National Cooperative Contract
Page 65 of 122
Agreement and if not cured within thirty (30) days of written notice to Supplier shall be deemed a
cause for termination of the Master Agreement, at Principal Procurement Agency’s sole
discretion, and/or this Agreement, at OMNIA Partners, 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 shall be deemed a cause for
termination of the Master Agreement, at Principal Procurement Agency’s sole discretion, and/or
this Agreement, at OMNIA Partners, 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 materials 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, OMNIA 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 Administrative Fees due and owing, together with interest thereon in accordance with
Section 13, 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 relating to the subject
matter of this Agreement which is not contained or incorporated herein shall be valid or binding.
In the event of any conflict 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 shall
be entitled to reasonable attorney’s fees and costs in addition to any other relief to which it may
be entitled.
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
Requirements for National Cooperative Contract
Page 66 of 122
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 first-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 be 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.
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, will be deemed to be their original
signatures for any purpose whatsoever.
Requirements for National Cooperative Contract
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[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
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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 (collectively, 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 the laws of the State of
purchase; and
WHEREAS, in addition to Master Agreements, the OMNIA Partners Parties may from time to
time offer Participating Public Agencies the opportunity to acquire Products through other group
purchasing agreements.
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and
of the mutual benefits to result, the parties hereby agree as follows:
1. Each party will facilitate the cooperative procurement of Products.
2. 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
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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 Supplier shall be resolved in accordance with the law and venue rules of
the State of purchase unless otherwise agreed to by the Procuring Party and Supplier.
8. The Procuring Party shall not use this Agreement as a method for obtaining additional
concessions or reduced prices for purchase of 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 by a Procuring
Party, and, to the extent permitted by applicable law, the Procuring Party shall hold non-procuring
party harmless from any liability that may arise from the acts or omissions of the Procuring Party.
10. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE OMNIA
PARTNERS PARTIES EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS
AND WARRANTIES REGARDING ANY PRODUCT, MASTER AGREEMENT AND GPO
CONTRACT. THE OMNIA PARTNERS PARTIES SHALL NOT BE LIABLE IN ANY WAY FOR ANY
SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR RELIANCE
DAMAGES, EVEN IF THE OMNIA PARTNERS PARTIES ARE ADVISED OF THE POSSIBILITY
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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
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EXHIBIT D
PRINCIPAL PROCUREMENT AGENCY CERTIFICATE, EXAMPLE
PRINCIPAL PROCUREMENT AGENCY CERTIFICATE
In its capacity as a Principal Procurement Agency (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 Public 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 Agreement is at the sole and complete discretion of
the Participating Public Agency.
Authorized Signature, [PRINCIPAL PROCUREMENT AGENCY]
Signature
Name
Title
Date
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EXHIBIT E
CONTRACT SALES REPORTING TEMPLATE
see next page for sample of Daikin Applied 's Sales Report
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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 assistance between a Federal awarding agency or pass-through
entity and a non–Federal entity that, consistent with 31 U.S.C. 6302–6305:
(a) Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the 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 Acquisition 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 is 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 agreement, and cooperative agreement.
Non–Federal entity means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization
that carries out a Federal award as a recipient or subrecipient.
Nonprofit organization means any corporation, trust, association, cooperative, or other organization, not including IHEs, that:
(a) Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest;
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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, any member of his or her immediate family, his or her partner,
or an organization which employs or is about to employ any of these parties, has a financial or other interest
in or a tangible personal benefit from a firm considered for award. 2 C.F.R. § 200.318(c)(1); See also
Standard Form 424D, ¶ 7; Standard Form 424B, ¶ 3. i. FEMA considers a “financial interest” to be the
potential for gain or loss to the employee, officer, or agent, any member of his or her immediate family, his
or her partner, or an organization which employs or is about to employ any of these parties as a result of
the particular procurement. The prohibited financial interest may arise from ownership of certain financial
instruments or investments such as stock, bonds, or real estate, or from a salary, indebtedness, job offer,
or similar interest that might be affected by the particular procurement. ii. FEMA considers an “apparent”
conflict of interest to exist where an actual conflict does not exist, but where a reasonable person with
knowledge of the relevant facts would question the impartiality of the employee, officer, or agent
participating in the procurement. c. Gifts. The officers, employees, and agents of the Participating Public
Agency nor the Participating Public Agency (“NFE”) must neither solicit nor accept gratuities, favors, or
anything of monetary value from contractors or parties to subcontracts. However, NFE’s may set standards
for situations in which the financial interest is de minimus, not substantial, or the gift is an unsolicited item
of nominal value. 2 C.F.R. § 200.318(c)(1). d. Violations. The NFE’s written standards of conduct must
provide for disciplinary actions to be applied for violations of such standards by officers, employees, or
agents of the NFE. 2 C.F.R. § 200.318(c)(1). For example, the penalty for a NFE’s employee may be
dismissal, and the penalty for a contractor might be the termination of the contract.
Contractor Integrity
A contractor must have a satisfactory record of integrity and business ethics. Contractors that are debarred
or suspended as described in 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 government,
or tribal government. This includes, among other things, past and current compliance with the:
a. Equal opportunity and nondiscrimination laws
b. Five affirmative steps described at 2 C.F.R. § 200.321(b) for all subcontracting under contracts supported
by FEMA financial assistance; and FEMA Procurement Guidance June 21, 2016 Page IV- 7
c. Applicable prevailing wage laws, regulations, and executive orders
Affirmative Steps
For any subcontracting opportunities, Contractor must take the following Affirmative steps:
1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever
they are potential sources;
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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 bond 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 convenience 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 the 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 by 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 encourages 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:
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(1) The contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during employment, without
regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action
shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment
or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided 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 has inquired about, discussed, or disclosed the
compensation of the employee or applicant or another employee or applicant. This provision shall not apply
to instances in which an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with the
contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting
officer, advising the labor union or workers' representative of the contractor's commitments under 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 and 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 respect 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
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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.”
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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 Part by Loans
or Grants from the United States). The Copeland Anti- Kickback Act provides that each
contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of
the compensation to which he or she is otherwise entitled. The non-Federal entity must
report all suspected or reported violations to FEMA.
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.”
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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 contractor and
any subcontractor responsible therefor shall be liable for the unpaid wages. In
addition, such contractor and subcontractor shall be liable to the United States (in
the case of work done under contract for the District of Columbia or a territory, to
such District or to such territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph
(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 performed
by the contractor or subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by the
same prime contractor, such sums as may be determined to be necessary to
satisfy any liabilities of such contractor or subcontractor for unpaid wages and
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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 shall 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 the
Tennessee Valley Authority, and any contractor for the performance of experimental,
developmental, or research work funded in whole or in part by the Federal government. This
term also includes any assignment, substitution of parties, or subcontract of any type entered
into for the performance of experimental, developmental, or research work under a funding
agreement as defined in the first sentence of this paragraph.
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.
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(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 requirements 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 ineligible 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 Procurement 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 Services Administration that contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. SAM
exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530; 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.
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(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 subrecipient),
the Federal Government may pursue available remedies, including but not limited
to suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout
the period of any contract that may arise from this offer. The bidder or proposer
further agrees to include a provision requiring such compliance in its lower tier
covered transactions.”
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.
Requirements for National Cooperative Contract
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l. Changes.
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 records,
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
Requirements for National Cooperative Contract
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DOC #3, continued
P.L. 1995, c. 127 (N.J.A.C. 17:27)
MANDATORY AFFIRMATIVE ACTION LANGUAGE
PROCUREMENT, PROFESSIONAL AND SERVICE
CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant
for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional
or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited
and employed, and that employees are treated during employment, without regard to their age, race, creed,
color, national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action shall
include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer
setting forth provisions of this non-discrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees
placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex,
affectional or sexual orientation.
The contractor or subcontractor, where applicable, will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to
be provided by the agency contracting officer advising the labor union or workers' representative of the
contractor's commitments under this act and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by
the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the
Americans with Disabilities Act.
The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade
consistent with the applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by
the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time or in
accordance with a binding determination of the applicable county employment goals determined by the
Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L.
1975, C.127, as amended and supplemented from time to time.
The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area,
including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not
discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex, affectional or
sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or
indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that
all personnel testing conforms with the principles of job-related testing, as established by the statutes and
court decisions of the state of New Jersey and as established by applicable Federal law and applicable
Federal court decisions.
The contractor or subcontractor agrees to review all procedures relating to transfer, 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
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regulations, and public agencies shall furnish such information as may be requested by the Affirmative
Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative
Code (NJAC 17:27).
________________________________________________
Signature of Procurement Agent
Requirements for National Cooperative Contract
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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
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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
see certificate on following page
Requirements for National Cooperative Contract
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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 State of New Mexico State of South
Massachusetts 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 State of Texas
Carolina
State of State of Indiana State of Mississippi State of North State of Utah
Arkansas Dakota
State of State of Iowa State of Missouri State of Ohio State of
California Vermont
State of Colorado State of Kansas State of Montana State of Oklahoma State of Virginia
State of State of State of Nebraska State of Oregon State of
Connecticut Kentucky Washington
State of State of State of Nevada State of State of West
Delaware Louisiana Pennsylvania Virginia
State of Florida State of Maine State of New State of Rhode State of
Hampshire Island Wisconsin
State of Georgia State of State of New State of South State of
Maryland Jersey Carolina 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 CITY OF COTTAGE GROVE, OR
INCLUDING BUT NOT LIMITED TO: CITY OF DONALD, OR
BAKER CITY GOLF COURSE, OR CITY OF EUGENE, OR
CITY OF ADAIR VILLAGE, OR CITY OF FOREST GROVE, OR
CITY OF ASHLAND, OR CITY OF GOLD HILL, OR
CITY OF AUMSVILLE, OR CITY OF GRANTS PASS, OR
CITY OF AURORA, OR CITY OF GRESHAM, OR
CITY OF BAKER, OR CITY OF HILLSBORO, OR
CITY OF BATON ROUGE, LA CITY OF INDEPENDENCE, OR
CITY OF BEAVERTON, OR CITY AND COUNTY OF HONOLULU, HI
CITY OF BEND, OR CITY OF KENNER, LA
CITY OF BOARDMAN, OR CITY OF LA GRANDE, OR
CITY OF BONANAZA, OR CITY OF LAFAYETTE, LA
CITY OF BOSSIER CITY, LA CITY OF LAKE CHARLES, OR
CITY OF BROOKINGS, OR CITY OF LEBANON, OR
CITY OF BURNS, OR CITY OF MCMINNVILLE, OR
CITY OF CANBY, OR CITY OF MEDFORD, OR
CITY OF CANYONVILLE, OR CITY OF METAIRIE, LA
CITY OF CLATSKANIE, OR CITY OF MILL CITY, OR
CITY OF COBURG, OR CITY OF MILWAUKIE, OR
CITY OF CONDON, OR CITY OF MONROE, LA
CITY OF COQUILLE, OR CITY OF MOSIER, OR
CITY OF CORVALLI, OR CITY OF NEW ORLEANS, LA
CITY OF CORVALLIS PARKS AND RECREATION CITY OF NORTH PLAINS, OR
DEPARTMENT, OR CITY OF OREGON CITY, OR
Requirements for National Cooperative Contract
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CITY OF PILOT ROCK, OR CLAWSON, UT
CITY OF PORTLAND, OR CLEARFIELD, UT
CITY OF POWERS, OR CLEVELAND, UT
CITY OF PRINEVILLE, OR CLINTON CITY CORPORATION, UT
CITY OF REDMOND, OR COALVILLE, UT
CITY OF REEDSPORT, OR CORINNE, UT
CITY OF RIDDLE, OR CORNISH, UT
CITY OF ROGUE RIVER, OR COTTONWOOD HEIGHTS, UT
CITY OF ROSEBURG, OR DANIEL, UT
CITY OF SALEM, OR DELTA, UT
CITY OF SANDY, OR DEWEYVILLE, UT
CITY OF SCAPPOOSE, OR DRAPER CITY, UT
CITY OF SHADY COVE, OR DUCHESNE, UT
CITY OF SHERWOOD, OR EAGLE MOUNTAIN, UT
CITY OF SHREVEPORT, LA EAST CARBON, UT
CITY OF SILVERTON, OR ELK RIDGE, UT
CITY OF SPRINGFIELD, OR ELMO, UT
CITY OF ST. HELENS, OR ELSINORE, UT
CITY OF ST. PAUL, OR ELWOOD, UT
CITY OF SULPHUR, LA EMERY, UT
CITY OF TIGARD, OR ENOCH, UT
CITY OF TROUTDALE, OR ENTERPRISE, UT
CITY OF TUALATIN, OR EPHRAIM, UT
CITY OF WALKER, LA ESCALANTE, UT
CITY OF WARRENTON, OR EUREKA, UT
CITY OF WEST LINN, OR FAIRFIELD, UT
CITY OF WILSONVILLE, OR FAIRVIEW, UT
CITY OF WINSTON, OR FARMINGTON, UT
CITY OF WOODBURN, OR FARR WEST, UT
LEAGUE OF OREGON CITES FAYETTE, UT
THE CITY OF HAPPY VALLEY OREGON FERRON, UT
ALPINE, UT FIELDING, UT
ALTA, UT FILLMORE, UT
ALTAMONT, UT FOUNTAIN GREEN, UT
ALTON, UT FRANCIS, UT
AMALGA, UT FRUIT HEIGHTS, UT
AMERICAN FORK CITY, UT GARDEN CITY, UT
ANNABELLA, UT GARLAND, UT
ANTIMONY, UT GENOLA, UT
APPLE VALLEY, UT GLENDALE, UT
AURORA, UT GLENWOOD, UT
BALLARD, UT GOSHEN, UT
BEAR RIVER CITY, UT GRANTSVILLE, UT
BEAVER, UT GREEN RIVER, UT
BICKNELL, UT GUNNISON, UT
BIG WATER, UT HANKSVILLE, UT
BLANDING, UT HARRISVILLE, UT
BLUFFDALE, UT HATCH, UT
BOULDER, UT HEBER CITY CORPORATION, UT
CITY OF BOUNTIFUL, UT HELPER, UT
BRIAN HEAD, UT HENEFER, UT
BRIGHAM CITY CORPORATION, UT HENRIEVILLE, UT
BRYCE CANYON CITY, UT HERRIMAN, UT
CANNONVILLE, UT HIDEOUT, UT
CASTLE DALE, UT HIGHLAND, UT
CASTLE VALLEY, UT HILDALE, UT
CITY OF CEDAR CITY, UT HINCKLEY, UT
CEDAR FORT, UT HOLDEN, UT
CITY OF CEDAR HILLS, UT HOLLADAY, UT
CENTERFIELD, UT HONEYVILLE, UT
CENTERVILLE CITY CORPORATION, UT HOOPER, UT
CENTRAL VALLEY, UT HOWELL, UT
CHARLESTON, UT HUNTINGTON, UT
CIRCLEVILLE, UT HUNTSVILLE, UT
CLARKSTON, UT CITY OF HURRICANE, UT
Requirements for National Cooperative Contract
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HYDE PARK, UT PARADISE, UT
HYRUM, UT PARAGONAH, UT
INDEPENDENCE, UT PARK CITY, UT
IVINS, UT PAROWAN, UT
JOSEPH, UT PAYSON, UT
JUNCTION, UT PERRY, UT
KAMAS, UT PLAIN CITY, UT
KANAB, UT PLEASANT GROVE CITY, UT
KANARRAVILLE, UT PLEASANT VIEW, UT
KANOSH, UT PLYMOUTH, UT
KAYSVILLE, UT PORTAGE, UT
KINGSTON, UT PRICE, UT
KOOSHAREM, UT PROVIDENCE, UT
LAKETOWN, UT PROVO, UT
LA VERKIN, UT RANDOLPH, UT
LAYTON, UT REDMOND, UT
LEAMINGTON, UT RICHFIELD, UT
LEEDS, UT RICHMOND, UT
LEHI CITY CORPORATION, UT RIVERDALE, UT
LEVAN, UT RIVER HEIGHTS, UT
LEWISTON, UT RIVERTON CITY, UT
LINDON, UT ROCKVILLE, UT
LOA, UT ROCKY RIDGE, UT
LOGAN CITY, UT ROOSEVELT CITY CORPORATION, UT
LYMAN, UT ROY, UT
LYNNDYL, UT RUSH VALLEY, UT
MANILA, UT CITY OF ST. GEORGE, UT
MANTI, UT SALEM, UT
MANTUA, UT SALINA, UT
MAPLETON, UT SALT LAKE CITY CORPORATION, UT
MARRIOTT-SLATERVILLE, UT SANDY, UT
MARYSVALE, UT SANTA CLARA, UT
MAYFIELD, UT SANTAQUIN, UT
MEADOW, UT SARATOGA SPRINGS, UT
MENDON, UT SCIPIO, UT
MIDVALE CITY INC., UT SCOFIELD, UT
MIDWAY, UT SIGURD, UT
MILFORD, UT SMITHFIELD, UT
MILLVILLE, UT SNOWVILLE, UT
MINERSVILLE, UT CITY OF SOUTH JORDAN, UT
MOAB, UT SOUTH OGDEN, UT
MONA, UT CITY OF SOUTH SALT LAKE, UT
MONROE, UT SOUTH WEBER, UT
CITY OF MONTICELLO, UT SPANISH FORK, UT
MORGAN, UT SPRING CITY, UT
MORONI, UT SPRINGDALE, UT
MOUNT PLEASANT, UT SPRINGVILLE, UT
MURRAY CITY CORPORATION, UT STERLING, UT
MYTON, UT STOCKTON, UT
NAPLES, UT SUNNYSIDE, UT
NEPHI, UT SUNSET CITY CORP, UT
NEW HARMONY, UT SYRACUSE, UT
NEWTON, UT TABIONA, UT
NIBLEY, UT CITY OF TAYLORSVILLE, UT
NORTH LOGAN, UT TOOELE CITY CORPORATION, UT
NORTH OGDEN, UT TOQUERVILLE, UT
NORTH SALT LAKE CITY, UT TORREY, UT
OAK CITY, UT TREMONTON CITY, UT
OAKLEY, UT TRENTON, UT
OGDEN CITY CORPORATION, UT TROPIC, UT
OPHIR, UT UINTAH, UT
ORANGEVILLE, UT VERNAL CITY, UT
ORDERVILLE, UT VERNON, UT
OREM, UT VINEYARD, UT
PANGUITCH, UT VIRGIN, UT
Requirements for National Cooperative Contract
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WALES, UT MULTNOMAH COUNTY, OR
WALLSBURG, UT MULTNOMAH COUNTY BUSINESS AND
WASHINGTON CITY, UT COMMUNITY SERVICES, OR
WASHINGTON TERRACE, UT MULTNOMAH COUNTY SHERIFFS OFFICE, OR
WELLINGTON, UT MULTNOMAH LAW LIBRARY, OR
WELLSVILLE, UT ORLEANS PARISH, LA
WENDOVER, UT PLAQUEMINES PARISH, LA
WEST BOUNTIFUL, UT POLK COUNTY, OR
WEST HAVEN, UT RAPIDES PARISH, LA
WEST JORDAN, UT SAINT CHARLES PARISH, LA
WEST POINT, UT SAINT CHARLES PARISH PUBLIC SCHOOLS, LA
WEST VALLEY CITY, UT SAINT LANDRY PARISH, LA
WILLARD, UT SAINT TAMMANY PARISH, LA
WOODLAND HILLS, UT SHERMAN COUNTY, OR
WOODRUFF, UT TERREBONNE PARISH, LA
WOODS CROSS, UT TILLAMOOK COUNTY, OR
TILLAMOOK COUNTY SHERIFF'S OFFICE, OR
COUNTIES AND PARISHES INCLUDING BUT TILLAMOOK COUNTY GENERAL HOSPITAL, OR
NOT LIMITED TO: UMATILLA COUNTY, OR
ASCENSION PARISH, LA UNION COUNTY, OR
ASCENSION PARISH, LA, CLEAR OF COURT WALLOWA COUNTY, OR
CADDO PARISH, LA WASCO COUNTY, OR
CALCASIEU PARISH, LA WASHINGTON COUNTY, OR
CALCASIEU PARISH SHERIFF’S OFFICE, LA WEST BATON ROUGE PARISH, LA
CITY AND COUNTY OF HONOLULU, HI WHEELER COUNTY, OR
CLACKAMAS COUNTY, OR YAMHILL COUNTY, OR
CLACKAMAS COUNTY DEPT OF COUNTY OF BOX ELDER, UT
TRANSPORTATION, OR COUNTY OF CACHE, UT
CLATSOP COUNTY, OR COUNTY OF RICH, UT
COLUMBIA COUNTY, OR COUNTY OF WEBER, UT
COOS COUNTY, OR COUNTY OF MORGAN, UT
COOS COUNTY HIGHWAY DEPARTMENT, OR COUNTY OF DAVIS, UT
COUNTY OF HAWAII, OR COUNTY OF SUMMIT, UT
CROOK COUNTY, OR COUNTY OF DAGGETT, UT
CROOK COUNTY ROAD DEPARTMENT, OR COUNTY OF SALT LAKE, UT
CURRY COUNTY, OR COUNTY OF TOOELE, UT
DESCHUTES COUNTY, OR COUNTY OF UTAH, UT
DOUGLAS COUNTY, OR COUNTY OF WASATCH, UT
EAST BATON ROUGE PARISH, LA COUNTY OF DUCHESNE, UT
GILLIAM COUNTY, OR COUNTY OF UINTAH, UT
GRANT COUNTY, OR COUNTY OF CARBON, UT
HARNEY COUNTY, OR COUNTY OF SANPETE, UT
HARNEY COUNTY SHERIFFS OFFICE, OR COUNTY OF JUAB, UT
HAWAII COUNTY, HI COUNTY OF MILLARD, UT
HOOD RIVER COUNTY, OR COUNTY OF SEVIER, UT
JACKSON COUNTY, OR COUNTY OF EMERY, UT
JEFFERSON COUNTY, OR COUNTY OF GRAND, UT
JEFFERSON PARISH, LA COUNTY OF BEVER, UT
JOSEPHINE COUNTY GOVERNMENT, OR COUNTY OF PIUTE, UT
LAFAYETTE CONSOLIDATED GOVERNMENT, LA COUNTY OF WAYNE, UT
LAFAYETTE PARISH, LA COUNTY OF SAN JUAN, UT
LAFAYETTE PARISH CONVENTION & VISITORS COUNTY OF GARFIELD, UT
COMMISSION COUNTY OF KANE, UT
LAFOURCHE PARISH, LA COUNTY OF IRON, UT
KAUAI COUNTY, HI COUNTY OF WASHINGTON, UT
KLAMATH COUNTY, OR
LAKE COUNTY, OR OTHER AGENCIES INCLUDING ASSOCIATIONS,
LANE COUNTY, OR BOARDS, DISTRICTS, COMMISSIONS,
LINCOLN COUNTY, OR COUNCILS, PUBLIC CORPORATIONS, PUBLIC
LINN COUNTY, OR DEVELOPMENT AUTHORITIES, RESERVATIONS
LIVINGSTON PARISH, LA AND UTILITIES INCLUDING BUT NOT LIMITED
MALHEUR COUNTY, OR TO:
MAUI COUNTY, HI ADAIR R.F.P.D., OR
MARION COUNTY, SALEM, OR ADEL WATER IMPROVEMENT DISTRICT, OR
MORROW COUNTY, OR ADRIAN R.F.P.D., OR
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AGNESS COMMUNITY LIBRARY, OR BIENVILLE PARISH FIRE PROTECTION
AGNESS-ILLAHE R.F.P.D., OR DISTRICT 6, LA
AGRICULTURE EDUCATION SERVICE BIG BEND IRRIGATION DISTRICT, OR
EXTENSION DISTRICT, OR BIGGS SERVICE DISTRICT, OR
ALDER CREEK-BARLOW WATER DISTRICT NO. BLACK BUTTE RANCH DEPARTMENT OF
29, OR POLICE SERVICES, OR
ALFALFA FIRE DISTRICT, OR BLACK BUTTE RANCH R.F.P.D., OR
ALSEA R.F.P.D., OR BLACK MOUNTAIN WATER DISTRICT, OR
ALSEA RIVIERA WATER IMPROVEMENT BLODGETT-SUMMIT R.F.P.D., OR
DISTRICT, OR BLUE MOUNTAIN HOSPITAL DISTRICT, OR
AMITY FIRE DISTRICT, OR BLUE MOUNTAIN TRANSLATOR DISTRICT, OR
ANTELOPE MEADOWS SPECIAL ROAD BLUE RIVER PARK & RECREATION DISTRICT,
DISTRICT, OR OR
APPLE ROGUE DISTRICT IMPROVEMENT BLUE RIVER WATER DISTRICT, OR
COMPANY, OR BLY R.F.P.D., OR
APPLEGATE VALLEY R.F.P.D. #9, OR BLY VECTOR CONTROL DISTRICT, OR
ARCH CAPE DOMESTIC WATER SUPPLY BLY WATER AND SANITARY DISTRICT, OR
DISTRICT, OR BOARDMAN CEMETERY MAINTENANCE
ARCH CAPE SANITARY DISTRICT, OR DISTRICT, OR
ARNOLD IRRIGATION DISTRICT, OR BOARDMAN PARK AND RECREATION DISTRICT
ASH CREEK WATER CONTROL DISTRICT, OR BOARDMAN R.F.P.D., OR
ATHENA CEMETERY MAINTENANCE DISTRICT, BONANZA BIG SPRINGS PARK & RECREATION
OR DISTRICT, OR
AUMSVILLE R.F.P.D., OR BONANZA MEMORIAL PARK CEMETERY
AURORA R.F.P.D., OR DISTRICT, OR
AZALEA R.F.P.D., OR BONANZA R.F.P.D., OR
BADGER IMPROVEMENT DISTRICT, OR BONANZA-LANGELL VALLEY VECTOR
BAILEY-SPENCER R.F.P.D., OR CONTROL DISTRICT, OR
BAKER COUNTY LIBRARY DISTRICT, OR BORING WATER DISTRICT #24, OR
BAKER R.F.P.D., OR BOULDER CREEK RETREAT SPECIAL ROAD
BAKER RIVERTON ROAD DISTRICT, OR DISTRICT, OR
BAKER VALLEY IRRIGATION DISTRICT, OR BRIDGE R.F.P.D., OR
BAKER VALLEY S.W.C.D., OR BROOKS COMMUNITY SERVICE DISTRICT, OR
BAKER VALLEY VECTOR CONTROL DISTRICT, BROWNSVILLE R.F.P.D., OR
OR BUELL-RED PRAIRIE WATER DISTRICT, OR
BANDON CRANBERRY WATER CONTROL BUNKER HILL R.F.P.D. #1, OR
DISTRICT, OR BUNKER HILL SANITARY DISTRICT, OR
BANDON R.F.P.D., OR BURLINGTON WATER DISTRICT, OR
BANKS FIRE DISTRICT, OR BURNT RIVER IRRIGATION DISTRICT, OR
BANKS FIRE DISTRICT #13, OR BURNT RIVER S.W.C.D., OR
BAR L RANCH ROAD DISTRICT, OR CALAPOOIA R.F.P.D., OR
BARLOW WATER IMPROVEMENT DISTRICT, OR CAMAS VALLEY R.F.P.D., OR
BASIN AMBULANCE SERVICE DISTRICT, OR CAMELLIA PARK SANITARY DISTRICT, OR
BASIN TRANSIT SERVICE TRANSPORTATION CAMMANN ROAD DISTRICT, OR
DISTRICT, OR CAMP SHERMAN ROAD DISTRICT, OR
BATON ROUGE WATER COMPANY CANBY AREA TRANSIT, OR
BAY AREA HEALTH DISTRICT, OR CANBY R.F.P.D. #62, OR
BAYSHORE SPECIAL ROAD DISTRICT, OR CANBY UTILITY BOARD, OR
BEAR VALLEY SPECIAL ROAD DISTRICT, OR CANNON BEACH R.F.P.D., OR
BEAVER CREEK WATER CONTROL DISTRICT, CANYONVILLE SOUTH UMPQUA FIRE DISTRICT,
OR OR
BEAVER DRAINAGE IMPROVEMENT COMPANY, CAPE FERRELO R.F.P.D., OR
INC., OR CAPE FOULWEATHER SANITARY DISTRICT, OR
BEAVER SLOUGH DRAINAGE DISTRICT, OR CARLSON PRIMROSE SPECIAL ROAD
BEAVER SPECIAL ROAD DISTRICT, OR DISTRICT, OR
BEAVER WATER DISTRICT, OR CARMEL BEACH WATER DISTRICT, OR
BELLE MER S.I.G.L. TRACTS SPECIAL ROAD CASCADE VIEW ESTATES TRACT 2, OR
DISTRICT, OR CEDAR CREST SPECIAL ROAD DISTRICT, OR
BEND METRO PARK AND RECREATION CEDAR TRAILS SPECIAL ROAD DISTRICT, OR
DISTRICT CEDAR VALLEY - NORTH BANK R.F.P.D., OR
BENTON S.W.C.D., OR CENTRAL CASCADES FIRE AND EMS, OR
BERNDT SUBDIVISION WATER IMPROVEMENT CENTRAL CITY ECONOMIC OPPORTUNITY
DISTRICT, OR CORP, LA
BEVERLY BEACH WATER DISTRICT, OR CENTRAL LINCOLN P.U.D., OR
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CENTRAL OREGON COAST FIRE & RESCUE COLUMBIA RIVER FIRE & RESCUE, OR
DISTRICT, OR COLUMBIA RIVER PUD, OR
CENTRAL OREGON INTERGOVERNMENTAL COLUMBIA S.W.C.D., OR
COUNCIL COLUMBIA S.W.C.D., OR
CENTRAL OREGON IRRIGATION DISTRICT, OR CONFEDERATED TRIBES OF THE UMATILLA
CHAPARRAL WATER CONTROL DISTRICT, OR INDIAN RESERVATION
CHARLESTON FIRE DISTRICT, OR COOS COUNTY AIRPORT DISTRICT, OR
CHARLESTON SANITARY DISTRICT, OR COOS COUNTY AIRPORT DISTRICT, OR
CHARLOTTE ANN WATER DISTRICT, OR COOS COUNTY AREA TRANSIT SERVICE
CHEHALEM PARK & RECREATION DISTRICT, DISTRICT, OR
OR COOS COUNTY AREA TRANSIT SERVICE
CHEHALEM PARK AND RECREATION DISTRICT DISTRICT, OR
CHEMULT R.F.P.D., OR COOS FOREST PROTECTIVE ASSOCIATION
CHENOWITH WATER P.U.D., OR COOS S.W.C.D., OR
CHERRIOTS, OR COQUILLE R.F.P.D., OR
CHETCO COMMUNITY PUBLIC LIBRARY COQUILLE VALLEY HOSPITAL DISTRICT, OR
DISTRICT, OR CORBETT WATER DISTRICT, OR
CHILOQUIN VECTOR CONTROL DISTRICT, OR CORNELIUS R.F.P.D., OR
CHILOQUIN-AGENCY LAKE R.F.P.D., OR CORP RANCH ROAD WATER IMPROVEMENT,
CHINOOK DRIVE SPECIAL ROAD DISTRICT, OR OR
CHR DISTRICT IMPROVEMENT COMPANY, OR CORVALLIS R.F.P.D., OR
CHRISTMAS VALLEY DOMESTIC WATER COUNTRY CLUB ESTATES SPECIAL WATER
DISTRICT, OR DISTRICT, OR
CHRISTMAS VALLEY PARK & RECREATION COUNTRY CLUB WATER DISTRICT, OR
DISTRICT, OR COUNTRY ESTATES ROAD DISTRICT, OR
CHRISTMAS VALLEY R.F.P.D., OR COVE CEMETERY MAINTENANCE DISTRICT, OR
CITY OF BOGALUSA SCHOOL BOARD, LA COVE ORCHARD SEWER SERVICE DISTRICT,
CLACKAMAS COUNTY FIRE DISTRICT #1, OR OR
CLACKAMAS COUNTY SERVICE DISTRICT #1, COVE R.F.P.D., OR
OR CRESCENT R.F.P.D., OR
CLACKAMAS COUNTY VECTOR CONTROL CRESCENT SANITARY DISTRICT, OR
DISTRICT, OR CRESCENT WATER SUPPLY AND
CLACKAMAS RIVER WATER IMPROVEMENT DISTRICT, OR
CLACKAMAS RIVER WATER, OR CROOK COUNTY AGRICULTURE EXTENSION
CLACKAMAS S.W.C.D., OR SERVICE DISTRICT, OR
CLATSKANIE DRAINAGE IMPROVEMENT CROOK COUNTY CEMETERY DISTRICT, OR
COMPANY, OR CROOK COUNTY FIRE AND RESCUE, OR
CLATSKANIE LIBRARY DISTRICT, OR CROOK COUNTY PARKS & RECREATION
CLATSKANIE P.U.D., OR DISTRICT, OR
CLATSKANIE PARK & RECREATION DISTRICT, CROOK COUNTY S.W.C.D., OR
OR CROOK COUNTY VECTOR CONTROL DISTRICT,
CLATSKANIE PEOPLE'S UTILITY DISTRICT OR
CLATSKANIE R.F.P.D., OR CROOKED RIVER RANCH R.F.P.D., OR
CLATSOP CARE CENTER HEALTH DISTRICT, CROOKED RIVER RANCH SPECIAL ROAD
OR DISTRICT, OR
CLATSOP COUNTY S.W.C.D., OR CRYSTAL SPRINGS WATER DISTRICT, OR
CLATSOP DRAINAGE IMPROVEMENT CURRY COUNTY 4-H & EXTENSION SERVICE
COMPANY #15, INC., OR DISTRICT, OR
CLEAN WATER SERVICES CURRY COUNTY PUBLIC TRANSIT SERVICE
CLEAN WATER SERVICES, OR DISTRICT, OR
CLOVERDALE R.F.P.D., OR CURRY COUNTY S.W.C.D., OR
CLOVERDALE SANITARY DISTRICT, OR CURRY HEALTH DISTRICT, OR
CLOVERDALE WATER DISTRICT, OR CURRY PUBLIC LIBRARY DISTRICT, OR
COALEDO DRAINAGE DISTRICT, OR DALLAS CEMETERY DISTRICT #4, OR
COBURG FIRE DISTRICT, OR DARLEY DRIVE SPECIAL ROAD DISTRICT, OR
COLESTIN RURAL FIRE DISTRICT, OR DAVID CROCKETT STEAM FIRE COMPANY #1,
COLTON R.F.P.D., OR LA
COLTON WATER DISTRICT #11, OR DAYS CREEK R.F.P.D., OR
COLUMBIA 911 COMMUNICATIONS DISTRICT, DAYTON FIRE DISTRICT, OR
OR DEAN MINARD WATER DISTRICT, OR
COLUMBIA COUNTY 4-H & EXTENSION DEE IRRIGATION DISTRICT, OR
SERVICE DISTRICT, OR DEER ISLAND DRAINAGE IMPROVEMENT
COLUMBIA DRAINAGE VECTOR CONTROL, OR COMPANY, OR
COLUMBIA IMPROVEMENT DISTRICT, OR DELL BROGAN CEMETERY MAINTENANCE
COLUMBIA R.F.P.D., OR DISTRICT, OR
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DEPOE BAY R.F.P.D., OR FERN VALLEY ESTATES IMPROVEMENT
DESCHUTES COUNTY 911 SERVICE DISTRICT, DISTRICT, OR
OR FOR FAR ROAD DISTRICT, OR
DESCHUTES COUNTY R.F.P.D. #2, OR FOREST GROVE R.F.P.D., OR
DESCHUTES PUBLIC LIBRARY DISTRICT, OR FOREST VIEW SPECIAL ROAD DISTRICT, OR
DESCHUTES S.W.C.D., OR FORT ROCK-SILVER LAKE S.W.C.D., OR
DESCHUTES VALLEY WATER DISTRICT, OR FOUR RIVERS VECTOR CONTROL DISTRICT,
DEVILS LAKE WATER IMPROVEMENT DISTRICT, OR
OR FOX CEMETERY MAINTENANCE DISTRICT, OR
DEXTER R.F.P.D., OR GARDINER R.F.P.D., OR
DEXTER SANITARY DISTRICT, OR GARDINER SANITARY DISTRICT, OR
DORA-SITKUM R.F.P.D., OR GARIBALDI R.F.P.D., OR
DOUGLAS COUNTY FIRE DISTRICT #2, OR GASTON R.F.P.D., OR
DOUGLAS S.W.C.D., OR GATES R.F.P.D., OR
DRAKES CROSSING R.F.P.D., OR GEARHART R.F.P.D., OR
DRRH SPECIAL ROAD DISTRICT #6, OR GILLIAM S.W.C.D., OR
DRY GULCH DITCH DISTRICT IMPROVEMENT GLENDALE AMBULANCE DISTRICT, OR
COMPANY, OR GLENDALE R.F.P.D., OR
DUFUR RECREATION DISTRICT, OR GLENEDEN BEACH SPECIAL ROAD DISTRICT,
DUMBECK LANE DOMESTIC WATER SUPPLY, OR
OR GLENEDEN SANITARY DISTRICT, OR
DUNDEE R.F.P.D., OR GLENWOOD WATER DISTRICT, OR
DURKEE COMMUNITY BUILDING GLIDE - IDLEYLD SANITARY DISTRICT, OR
PRESERVATION DISTRICT, OR GLIDE R.F.P.D., OR
EAGLE POINT IRRIGATION DISTRICT, OR GOLD BEACH - WEDDERBURN R.F.P.D., OR
EAGLE VALLEY CEMETERY MAINTENANCE GOLD HILL IRRIGATION DISTRICT, OR
DISTRICT, OR GOLDFINCH ROAD DISTRICT, OR
EAGLE VALLEY R.F.P.D., OR GOSHEN R.F.P.D., OR
EAGLE VALLEY S.W.C.D., OR GOVERNMENT CAMP ROAD DISTRICT, OR
EAST FORK IRRIGATION DISTRICT, OR GOVERNMENT CAMP SANITARY DISTRICT, OR
EAST MULTNOMAH S.W.C.D., OR GRAND PRAIRIE WATER CONTROL DISTRICT,
EAST SALEM SERVICE DISTRICT, OR OR
EAST UMATILLA CHEMICAL CONTROL GRAND RONDE SANITARY DISTRICT, OR
DISTRICT, OR GRANT COUNTY TRANSPORTATION DISTRICT,
EAST UMATILLA COUNTY AMBULANCE AREA OR
HEALTH DISTRICT, OR GRANT S.W.C.D., OR
EAST UMATILLA COUNTY R.F.P.D., OR GRANTS PASS IRRIGATION DISTRICT, OR
EAST VALLEY WATER DISTRICT, OR GREATER BOWEN VALLEY R.F.P.D., OR
ELGIN COMMUNITY PARKS & RECREATION GREATER ST. HELENS PARK & RECREATION
DISTRICT, OR DISTRICT, OR
ELGIN HEALTH DISTRICT, OR GREATER TOLEDO POOL RECREATION
ELGIN R.F.P.D., OR DISTRICT, OR
ELKTON ESTATES PHASE II SPECIAL ROAD GREEN KNOLLS SPECIAL ROAD DISTRICT, OR
DISTRICT, OR GREEN SANITARY DISTRICT, OR
ELKTON R.F.P.D., OR GREENACRES R.F.P.D., OR
EMERALD P.U.D., OR GREENBERRY IRRIGATION DISTRICT, OR
ENTERPRISE IRRIGATION DISTRICT, OR GREENSPRINGS RURAL FIRE DISTRICT, OR
ESTACADA CEMETERY MAINTENANCE HAHLEN ROAD SPECIAL DISTRICT, OR
DISTRICT, OR HAINES CEMETERY MAINTENANCE DISTRICT,
ESTACADA R.F.P.D. #69, OR OR
EUGENE R.F.P.D. # 1, OR HAINES FIRE PROTECTION DISTRICT, OR
EUGENE WATER AND ELECTRIC BOARD HALSEY-SHEDD R.F.P.D., OR
EVANS VALLEY FIRE DISTRICT #6, OR HAMLET R.F.P.D., OR
FAIR OAKS R.F.P.D., OR HARBOR R.F.P.D., OR
FAIRVIEW R.F.P.D., OR HARBOR SANITARY DISTRICT, OR
FAIRVIEW WATER DISTRICT, OR HARBOR WATER P.U.D., OR
FALCON HEIGHTS WATER AND SEWER, OR HARNEY COUNTY HEALTH DISTRICT, OR
FALCON-COVE BEACH WATER DISTRICT, OR HARNEY S.W.C.D., OR
FALL RIVER ESTATES SPECIAL ROAD HARPER SOUTH SIDE IRRIGATION DISTRICT,
DISTRICT, OR OR
FARGO INTERCHANGE SERVICE DISTRICT, OR HARRISBURG FIRE AND RESCUE, OR
FARMERS IRRIGATION DISTRICT, OR HAUSER R.F.P.D., OR
FAT ELK DRAINAGE DISTRICT, OR HAZELDELL RURAL FIRE DISTRICT, OR
FERN RIDGE PUBLIC LIBRARY DISTRICT, OR HEBO JOINT WATER-SANITARY AUTHORITY,
OR
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HECETA WATER P.U.D., OR JEFFERSON COUNTY EMERGENCY MEDICAL
HELIX CEMETERY MAINTENANCE DISTRICT #4, SERVICE DISTRICT, OR
OR JEFFERSON COUNTY FIRE DISTRICT #1, OR
HELIX PARK & RECREATION DISTRICT, OR JEFFERSON COUNTY LIBRARY DISTRICT, OR
HELIX R.F.P.D. #7-411, OR JEFFERSON COUNTY S.W.C.D., OR
HEPPNER CEMETERY MAINTENANCE JEFFERSON PARK & RECREATION DISTRICT,
DISTRICT, OR OR
HEPPNER R.F.P.D., OR JEFFERSON R.F.P.D., OR
HEPPNER WATER CONTROL DISTRICT, OR JOB'S DRAINAGE DISTRICT, OR
HEREFORD COMMUNITY HALL RECREATION JOHN DAY WATER DISTRICT, OR
DISTRICT, OR JOHN DAY-CANYON CITY PARKS &
HERMISTON CEMETERY DISTRICT, OR RECREATION DISTRICT, OR
HERMISTON IRRIGATION DISTRICT, OR JOHN DAY-FERNHILL R.F.P.D. #5-108, OR
HIDDEN VALLEY MOBILE ESTATES JORDAN VALLEY CEMETERY DISTRICT, OR
IMPROVEMENT DISTRICT, OR JORDAN VALLEY IRRIGATION DISTRICT, OR
HIGH DESERT PARK & RECREATION DISTRICT, JOSEPHINE COMMUNITY LIBRARY DISTRICT,
OR OR
HIGHLAND SUBDIVISION WATER DISTRICT, OR JOSEPHINE COUNTY 4-H & EXTENSION
HONOLULU INTERNATIONAL AIRPORT SERVICE DISTRICT, OR
HOOD RIVER COUNTY LIBRARY DISTRICT, OR JOSEPHINE COUNTY 911 AGENCY, OR
HOOD RIVER COUNTY TRANSPORTATION JUNCTION CITY R.F.P.D., OR
DISTRICT, OR JUNCTION CITY WATER CONTROL DISTRICT,
HOOD RIVER S.W.C.D., OR OR
HOOD RIVER VALLEY PARKS & RECREATION JUNIPER BUTTE ROAD DISTRICT, OR
DISTRICT, OR JUNIPER CANYON WATER CONTROL DISTRICT,
HOODLAND FIRE DISTRICT #74 OR
HOODLAND FIRE DISTRICT #74, OR JUNIPER FLAT DISTRICT IMPROVEMENT
HORSEFLY IRRIGATION DISTRICT, OR COMPANY, OR
HOSKINS-KINGS VALLEY R.F.P.D., OR JUNIPER FLAT R.F.P.D., OR
HOUSING AUTHORITY OF PORTLAND JUNO NONPROFIT WATER IMPROVEMENT
HUBBARD R.F.P.D., OR DISTRICT, OR
HUDSON BAY DISTRICT IMPROVEMENT KEATING R.F.P.D., OR
COMPANY, OR KEATING S.W.C.D., OR
I N (KAY) YOUNG DITCH DISTRICT KEIZER R.F.P.D., OR
IMPROVEMENT COMPANY, OR KELLOGG RURAL FIRE DISTRICT, OR
ICE FOUNTAIN WATER DISTRICT, OR KENO IRRIGATION DISTRICT, OR
IDAHO POINT SPECIAL ROAD DISTRICT, OR KENO PINES ROAD DISTRICT, OR
IDANHA-DETROIT RURAL FIRE PROTECTION KENO R.F.P.D., OR
DISTRICT, OR KENT WATER DISTRICT, OR
ILLINOIS VALLEY FIRE DISTRICT KERBY WATER DISTRICT, OR
ILLINOIS VALLEY R.F.P.D., OR K-GB-LB WATER DISTRICT, OR
ILLINOIS VALLEY S.W.C.D., OR KILCHIS WATER DISTRICT, OR
IMBLER R.F.P.D., OR KLAMATH 9-1-1 COMMUNICATIONS DISTRICT,
INTERLACHEN WATER P.U.D., OR OR
IONE LIBRARY DISTRICT, OR KLAMATH BASIN IMPROVEMENT DISTRICT, OR
IONE R.F.P.D. #6-604, OR KLAMATH COUNTY DRAINAGE SERVICE
IRONSIDE CEMETERY MAINTENANCE DISTRICT, OR
DISTRICT, OR KLAMATH COUNTY EXTENSION SERVICE
IRONSIDE RURAL ROAD DISTRICT #5, OR DISTRICT, OR
IRRIGON PARK & RECREATION DISTRICT, OR KLAMATH COUNTY FIRE DISTRICT #1, OR
IRRIGON R.F.P.D., OR KLAMATH COUNTY FIRE DISTRICT #3, OR
ISLAND CITY AREA SANITATION DISTRICT, OR KLAMATH COUNTY FIRE DISTRICT #4, OR
ISLAND CITY CEMETERY MAINTENANCE KLAMATH COUNTY FIRE DISTRICT #5, OR
DISTRICT, OR KLAMATH COUNTY LIBRARY SERVICE
JACK PINE VILLAGE SPECIAL ROAD DISTRICT, DISTRICT, OR
OR KLAMATH COUNTY PREDATORY ANIMAL
JACKSON COUNTY FIRE DISTRICT #3, OR CONTROL DISTRICT, OR
JACKSON COUNTY FIRE DISTRICT #4, OR KLAMATH DRAINAGE DISTRICT, OR
JACKSON COUNTY FIRE DISTRICT #5, OR KLAMATH FALLS FOREST ESTATES SPECIAL
JACKSON COUNTY LIBRARY DISTRICT, OR ROAD DISTRICT UNIT #2, OR
JACKSON COUNTY VECTOR CONTROL KLAMATH INTEROPERABILITY RADIO GROUP,
DISTRICT, OR OR
JACKSON S.W.C.D., OR KLAMATH IRRIGATION DISTRICT, OR
JASPER KNOLLS WATER DISTRICT, OR KLAMATH RIVER ACRES SPECIAL ROAD
DISTRICT, OR
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KLAMATH S.W.C.D., OR LOWER MCKAY CREEK WATER CONTROL
KLAMATH VECTOR CONTROL DISTRICT, OR DISTRICT, OR
KNAPPA-SVENSEN-BURNSIDE R.F.P.D., OR LOWER POWDER RIVER IRRIGATION DISTRICT,
LA GRANDE CEMETERY MAINTENANCE OR
DISTRICT, OR LOWER SILETZ WATER DISTRICT, OR
LA GRANDE R.F.P.D., OR LOWER UMPQUA HOSPITAL DISTRICT, OR
LA PINE PARK & RECREATION DISTRICT, OR LOWER UMPQUA PARK & RECREATION
LA PINE R.F.P.D., OR DISTRICT, OR
LABISH VILLAGE SEWAGE & DRAINAGE, OR LOWER VALLEY WATER IMPROVEMENT
LACOMB IRRIGATION DISTRICT, OR DISTRICT, OR
LAFAYETTE AIRPORT COMMISSION, LA LUCE LONG DITCH DISTRICT IMPROVEMENT
LAFOURCHE PARISH HEALTH UNIT – DHH-OPH CO., OR
REGION 3 LUSTED WATER DISTRICT, OR
LAIDLAW WATER DISTRICT, OR LYONS R.F.P.D., OR
LAKE CHINOOK FIRE & RESCUE, OR LYONS-MEHAMA WATER DISTRICT, OR
LAKE COUNTY 4-H & EXTENSION SERVICE MADRAS AQUATIC CENTER DISTRICT, OR
DISTRICT, OR MAKAI SPECIAL ROAD DISTRICT, OR
LAKE COUNTY LIBRARY DISTRICT, OR MALHEUR COUNTY S.W.C.D., OR
LAKE CREEK R.F.P.D. - JACKSON, OR MALHEUR COUNTY VECTOR CONTROL
LAKE CREEK R.F.P.D. - LANE COUNTY, OR DISTRICT, OR
LAKE DISTRICT HOSPITAL, OR MALHEUR DISTRICT IMPROVEMENT COMPANY,
LAKE GROVE R.F.P.D. NO. 57, OR OR
LAKE GROVE WATER DISTRICT, OR MALHEUR DRAINAGE DISTRICT, OR
LAKE LABISH WATER CONTROL DISTRICT, OR MALHEUR MEMORIAL HEALTH DISTRICT, OR
LAKE POINT SPECIAL ROAD DISTRICT, OR MALIN COMMUNITY CEMETERY MAINTENANCE
LAKESIDE R.F.P.D. #4, OR DISTRICT, OR
LAKESIDE WATER DISTRICT, OR MALIN COMMUNITY PARK & RECREATION
LAKEVIEW R.F.P.D., OR DISTRICT, OR
LAKEVIEW S.W.C.D., OR MALIN IRRIGATION DISTRICT, OR
LAMONTAI IMPROVEMENT DISTRICT, OR MALIN R.F.P.D., OR
LANE FIRE AUTHORITY, OR MAPLETON FIRE DEPARTMENT, OR
LANE LIBRARY DISTRICT, OR MAPLETON WATER DISTRICT, OR
LANE TRANSIT DISTRICT, OR MARCOLA WATER DISTRICT, OR
LANGELL VALLEY IRRIGATION DISTRICT, OR MARION COUNTY EXTENSION & 4H SERVICE
LANGLOIS PUBLIC LIBRARY, OR DISTRICT, OR
LANGLOIS R.F.P.D., OR MARION COUNTY FIRE DISTRICT #1, OR
LANGLOIS WATER DISTRICT, OR MARION JACK IMPROVEMENT DISTRICT, OR
LAZY RIVER SPECIAL ROAD DISTRICT, OR MARION S.W.C.D., OR
LEBANON AQUATIC DISTRICT, OR MARY'S RIVER ESTATES ROAD DISTRICT, OR
LEBANON R.F.P.D., OR MCDONALD FOREST ESTATES SPECIAL ROAD
LEWIS & CLARK R.F.P.D., OR DISTRICT, OR
LINCOLN COUNTY LIBRARY DISTRICT, OR MCKAY ACRES IMPROVEMENT DISTRICT, OR
LINCOLN S.W.C.D., OR MCKAY DAM R.F.P.D. # 7-410, OR
LINN COUNTY EMERGENCY TELEPHONE MCKENZIE FIRE & RESCUE, OR
AGENCY, OR MCKENZIE PALISADES WATER SUPPLY
LINN S.W.C.D., OR CORPORATION, OR
LITTLE MUDDY CREEK WATER CONTROL, OR MCMINNVILLE R.F.P.D., OR
LITTLE NESTUCCA DRAINAGE DISTRICT, OR MCNULTY WATER P.U.D., OR
LITTLE SWITZERLAND SPECIAL ROAD MEADOWS DRAINAGE DISTRICT, OR
DISTRICT, OR MEDFORD IRRIGATION DISTRICT, OR
LONE PINE IRRIGATION DISTRICT, OR MEDFORD R.F.P.D. #2, OR
LONG PRAIRIE WATER DISTRICT, OR MEDFORD WATER COMMISSION
LOOKINGGLASS OLALLA WATER CONTROL MEDICAL SPRINGS R.F.P.D., OR
DISTRICT, OR MELHEUR COUNTY JAIL, OR
LOOKINGGLASS RURAL FIRE DISTRICT, OR MERLIN COMMUNITY PARK DISTRICT, OR
LORANE R.F.P.D., OR MERRILL CEMETERY MAINTENANCE DISTRICT,
LOST & BOULDER DITCH IMPROVEMENT OR
DISTRICT, OR MERRILL PARK DISTRICT, OR
LOST CREEK PARK SPECIAL ROAD DISTRICT, MERRILL R.F.P.D., OR
OR METRO REGIONAL GOVERNMENT
LOUISIANA PUBLIC SERVICE COMMISSION, LA METRO REGIONAL PARKS
LOUISIANA WATER WORKS METROPOLITAN EXPOSITION RECREATION
LOWELL R.F.P.D., OR COMMISSION
LOWER MCKAY CREEK R.F.P.D., OR METROPOLITAN SERVICE DISTRICT (METRO)
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MID COUNTY CEMETERY MAINTENANCE NEW CARLTON FIRE DISTRICT, OR
DISTRICT, OR NEW ORLEANS REDEVELOPMENT AUTHORITY,
MID-COLUMBIA FIRE AND RESCUE, OR LA
MIDDLE FORK IRRIGATION DISTRICT, OR NEW PINE CREEK R.F.P.D., OR
MIDLAND COMMUNITY PARK, OR NEWBERG R.F.P.D., OR
MIDLAND DRAINAGE IMPROVEMENT DISTRICT, NEWBERRY ESTATES SPECIAL ROAD
OR DISTRICT, OR
MILES CROSSING SANITARY SEWER DISTRICT, NEWPORT R.F.P.D., OR
OR NEWT YOUNG DITCH DISTRICT IMPROVEMENT
MILL CITY R.F.P.D. #2-303, OR COMPANY, OR
MILL FOUR DRAINAGE DISTRICT, OR NORTH ALBANY R.F.P.D., OR
MILLICOMA RIVER PARK & RECREATION NORTH BAY R.F.P.D. #9, OR
DISTRICT, OR NORTH CLACKAMAS PARKS & RECREATION
MILLINGTON R.F.P.D. #5, OR DISTRICT, OR
MILO VOLUNTEER FIRE DEPARTMENT, OR NORTH COUNTY RECREATION DISTRICT, OR
MILTON-FREEWATER AMBULANCE SERVICE NORTH DOUGLAS COUNTY FIRE & EMS, OR
AREA HEALTH DISTRICT, OR NORTH DOUGLAS PARK & RECREATION
MILTON-FREEWATER WATER CONTROL DISTRICT, OR
DISTRICT, OR NORTH GILLIAM COUNTY HEALTH DISTRICT,
MIROCO SPECIAL ROAD DISTRICT, OR OR
MIST-BIRKENFELD R.F.P.D., OR NORTH GILLIAM COUNTY R.F.P.D., OR
MODOC POINT IRRIGATION DISTRICT, OR NORTH LAKE HEALTH DISTRICT, OR
MODOC POINT SANITARY DISTRICT, OR NORTH LEBANON WATER CONTROL DISTRICT,
MOHAWK VALLEY R.F.P.D., OR OR
MOLALLA AQUATIC DISTRICT, OR NORTH LINCOLN FIRE & RESCUE DISTRICT #1,
MOLALLA R.F.P.D. #73, OR OR
MONITOR R.F.P.D., OR NORTH LINCOLN HEALTH DISTRICT, OR
MONROE R.F.P.D., OR NORTH MORROW VECTOR CONTROL
MONUMENT CEMETERY MAINTENANCE DISTRICT, OR
DISTRICT, OR NORTH SHERMAN COUNTY R.F.P.D, OR
MONUMENT S.W.C.D., OR NORTH UNIT IRRIGATION DISTRICT, OR
MOOREA DRIVE SPECIAL ROAD DISTRICT, OR NORTHEAST OREGON HOUSING AUTHORITY,
MORO R.F.P.D., OR OR
MORROW COUNTY HEALTH DISTRICT, OR NORTHEAST WHEELER COUNTY HEALTH
MORROW COUNTY UNIFIED RECREATION DISTRICT, OR
DISTRICT, OR NORTHERN WASCO COUNTY P.U.D., OR
MORROW S.W.C.D., OR NORTHERN WASCO COUNTY PARK &
MOSIER FIRE DISTRICT, OR RECREATION DISTRICT, OR
MOUNTAIN DRIVE SPECIAL ROAD DISTRICT, NYE DITCH USERS DISTRICT IMPROVEMENT,
OR OR
MT. ANGEL R.F.P.D., OR NYSSA ROAD ASSESSMENT DISTRICT #2, OR
MT. HOOD IRRIGATION DISTRICT, OR NYSSA RURAL FIRE DISTRICT, OR
MT. LAKI CEMETERY DISTRICT, OR NYSSA-ARCADIA DRAINAGE DISTRICT, OR
MT. VERNON R.F.P.D., OR OAK LODGE WATER SERVICES, OR
MULINO WATER DISTRICT #1, OR OAKLAND R.F.P.D., OR
MULTNOMAH COUNTY DRAINAGE DISTRICT #1, OAKVILLE COMMUNITY CENTER, OR
OR OCEANSIDE WATER DISTRICT, OR
MULTNOMAH COUNTY R.F.P.D. #10, OR OCHOCO IRRIGATION DISTRICT, OR
MULTNOMAH COUNTY R.F.P.D. #14, OR OCHOCO WEST WATER AND SANITARY
MULTNOMAH EDUCATION SERVICE DISTRICT AUTHORITY, OR
MYRTLE CREEK R.F.P.D., OR ODELL SANITARY DISTRICT, OR
NEAH-KAH-NIE WATER DISTRICT, OR OLD OWYHEE DITCH IMPROVEMENT DISTRICT,
NEDONNA R.F.P.D., OR OR
NEHALEM BAY FIRE AND RESCUE, OR OLNEY-WALLUSKI FIRE & RESCUE DISTRICT,
NEHALEM BAY HEALTH DISTRICT, OR OR
NEHALEM BAY WASTEWATER AGENCY, OR ONTARIO LIBRARY DISTRICT, OR
NESIKA BEACH-OPHIR WATER DISTRICT, OR ONTARIO R.F.P.D., OR
NESKOWIN REGIONAL SANITARY AUTHORITY, OPHIR R.F.P.D., OR
OR OREGON COAST COMMUNITY ACTION
NESKOWIN REGIONAL WATER DISTRICT, OR OREGON HOUSING AND COMMUNITY
NESTUCCA R.F.P.D., OR SERVICES
NETARTS WATER DISTRICT, OR OREGON INTERNATIONAL PORT OF COOS
NETARTS-OCEANSIDE R.F.P.D., OR BAY, OR
NETARTS-OCEANSIDE SANITARY DISTRICT, OR OREGON LEGISLATIVE ADMINISTRATION
NEW BRIDGE WATER SUPPLY DISTRICT, OR OREGON OUTBACK R.F.P.D., OR
Requirements for National Cooperative Contract
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OREGON POINT, OR PORT OF CASCADE LOCKS, OR
OREGON TRAIL LIBRARY DISTRICT, OR PORT OF COQUILLE RIVER, OR
OTTER ROCK WATER DISTRICT, OR PORT OF GARIBALDI, OR
OWW UNIT #2 SANITARY DISTRICT, OR PORT OF GOLD BEACH, OR
OWYHEE CEMETERY MAINTENANCE DISTRICT, PORT OF HOOD RIVER, OR
OR PORT OF MORGAN CITY, LA
OWYHEE IRRIGATION DISTRICT, OR PORT OF MORROW, OR
PACIFIC CITY JOINT WATER-SANITARY PORT OF NEHALEM, OR
AUTHORITY, OR PORT OF NEWPORT, OR
PACIFIC COMMUNITIES HEALTH DISTRICT, OR PORT OF PORT ORFORD, OR
PACIFIC RIVIERA #3 SPECIAL ROAD DISTRICT, PORT OF PORTLAND, OR
OR PORT OF SIUSLAW, OR
PALATINE HILL WATER DISTRICT, OR PORT OF ST. HELENS, OR
PALMER CREEK WATER DISTRICT PORT OF THE DALLES, OR
IMPROVEMENT COMPANY, OR PORT OF TILLAMOOK BAY, OR
PANORAMIC ACCESS SPECIAL ROAD PORT OF TOLEDO, OR
DISTRICT, OR PORT OF UMATILLA, OR
PANTHER CREEK ROAD DISTRICT, OR PORT OF UMPQUA, OR
PANTHER CREEK WATER DISTRICT, OR PORT ORFORD CEMETERY MAINTENANCE
PARKDALE R.F.P.D., OR DISTRICT, OR
PARKDALE SANITARY DISTRICT, OR PORT ORFORD PUBLIC LIBRARY DISTRICT, OR
PENINSULA DRAINAGE DISTRICT #1, OR PORT ORFORD R.F.P.D., OR
PENINSULA DRAINAGE DISTRICT #2, OR PORTLAND DEVELOPMENT COMMISSION, OR
PHILOMATH FIRE AND RESCUE, OR PORTLAND FIRE AND RESCUE
PILOT ROCK CEMETERY MAINTENANCE PORTLAND HOUSING CENTER, OR
DISTRICT #5, OR POWDER R.F.P.D., OR
PILOT ROCK PARK & RECREATION DISTRICT, POWDER RIVER R.F.P.D., OR
OR POWDER VALLEY WATER CONTROL DISTRICT,
PILOT ROCK R.F.P.D., OR OR
PINE EAGLE HEALTH DISTRICT, OR POWERS HEALTH DISTRICT, OR
PINE FLAT DISTRICT IMPROVEMENT PRAIRIE CEMETERY MAINTENANCE DISTRICT,
COMPANY, OR OR
PINE GROVE IRRIGATION DISTRICT, OR PRINEVILLE LAKE ACRES SPECIAL ROAD
PINE GROVE WATER DISTRICT-KLAMATH DISTRICT #1, OR
FALLS, OR PROSPECT R.F.P.D., OR
PINE GROVE WATER DISTRICT-MAUPIN, OR QUAIL VALLEY PARK IMPROVEMENT DISTRICT,
PINE VALLEY CEMETERY DISTRICT, OR OR
PINE VALLEY R.F.P.D., OR QUEENER IRRIGATION IMPROVEMENT
PINEWOOD COUNTRY ESTATES SPECIAL DISTRICT, OR
ROAD DISTRICT, OR RAINBOW WATER DISTRICT, OR
PIONEER DISTRICT IMPROVEMENT COMPANY, RAINIER CEMETERY DISTRICT, OR
OR RAINIER DRAINAGE IMPROVEMENT COMPANY,
PISTOL RIVER CEMETERY MAINTENANCE OR
DISTRICT, OR RALEIGH WATER DISTRICT, OR
PISTOL RIVER FIRE DISTRICT, OR REDMOND AREA PARK & RECREATION
PLEASANT HILL R.F.P.D., OR DISTRICT, OR
PLEASANT HOME WATER DISTRICT, OR REDMOND FIRE AND RESCUE, OR
POCAHONTAS MINING AND IRRIGATION RIDDLE FIRE PROTECTION DISTRICT, OR
DISTRICT, OR RIDGEWOOD DISTRICT IMPROVEMENT
POE VALLEY IMPROVEMENT DISTRICT, OR COMPANY, OR
POE VALLEY PARK & RECREATION DISTRICT, RIDGEWOOD ROAD DISTRICT, OR
OR RIETH SANITARY DISTRICT, OR
POE VALLEY VECTOR CONTROL DISTRICT, OR RIETH WATER DISTRICT, OR
POLK COUNTY FIRE DISTRICT #1, OR RIMROCK WEST IMPROVEMENT DISTRICT, OR
POLK S.W.C.D., OR RINK CREEK WATER DISTRICT, OR
POMPADOUR WATER IMPROVEMENT RIVER BEND ESTATES SPECIAL ROAD
DISTRICT, OR DISTRICT, OR
PONDEROSA PINES EAST SPECIAL ROAD RIVER FOREST ACRES SPECIAL ROAD
DISTRICT, OR DISTRICT, OR
PORT OF ALSEA, OR RIVER MEADOWS IMPROVEMENT DISTRICT,
PORT OF ARLINGTON, OR OR
PORT OF ASTORIA, OR RIVER PINES ESTATES SPECIAL ROAD
PORT OF BANDON, OR DISTRICT, OR
PORT OF BRANDON, OR RIVER ROAD PARK & RECREATION DISTRICT,
PORT OF BROOKINGS HARBOR, OR OR
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RIVER ROAD WATER DISTRICT, OR SHELLEY ROAD CREST ACRES WATER
RIVERBEND RIVERBANK WATER DISTRICT, OR
IMPROVEMENT DISTRICT, OR SHERIDAN FIRE DISTRICT, OR
RIVERDALE R.F.P.D. 11-JT, OR SHERMAN COUNTY HEALTH DISTRICT, OR
RIVERGROVE WATER DISTRICT, OR SHERMAN COUNTY S.W.C.D., OR
RIVERSIDE MISSION WATER CONTROL SHORELINE SANITARY DISTRICT, OR
DISTRICT, OR SILETZ KEYS SANITARY DISTRICT, OR
RIVERSIDE R.F.P.D. #7-406, OR SILETZ R.F.P.D., OR
RIVERSIDE WATER DISTRICT, OR SILVER FALLS LIBRARY DISTRICT, OR
ROBERTS CREEK WATER DISTRICT, OR SILVER LAKE IRRIGATION DISTRICT, OR
ROCK CREEK DISTRICT IMPROVEMENT, OR SILVER LAKE R.F.P.D., OR
ROCK CREEK WATER DISTRICT, OR SILVER SANDS SPECIAL ROAD DISTRICT, OR
ROCKWOOD WATER P.U.D., OR SILVERTON R.F.P.D. NO. 2, OR
ROCKY POINT FIRE & EMS, OR SISTERS PARKS & RECREATION DISTRICT, OR
ROGUE RIVER R.F.P.D., OR SISTERS-CAMP SHERMAN R.F.P.D., OR
ROGUE RIVER VALLEY IRRIGATION DISTRICT, SIUSLAW PUBLIC LIBRARY DISTRICT, OR
OR SIUSLAW S.W.C.D., OR
ROGUE VALLEY SEWER SERVICES, OR SIUSLAW VALLEY FIRE AND RESCUE, OR
ROGUE VALLEY SEWER, OR SIXES R.F.P.D., OR
ROGUE VALLEY TRANSPORTATION DISTRICT, SKIPANON WATER CONTROL DISTRICT, OR
OR SKYLINE VIEW DISTRICT IMPROVEMENT
ROSEBURG URBAN SANITARY AUTHORITY, OR COMPANY, OR
ROSEWOOD ESTATES ROAD DISTRICT, OR SLEEPY HOLLOW WATER DISTRICT, OR
ROW RIVER VALLEY WATER DISTRICT, OR SMITH DITCH DISTRICT IMPROVEMENT
RURAL ROAD ASSESSMENT DISTRICT #3, OR COMPANY, OR
RURAL ROAD ASSESSMENT DISTRICT #4, OR SOUTH CLACKAMAS TRANSPORTATION
SAINT LANDRY PARISH TOURIST COMMISSION DISTRICT, OR
SAINT MARY PARISH REC DISTRICT 2 SOUTH COUNTY HEALTH DISTRICT, OR
SAINT MARY PARISH REC DISTRICT 3 SOUTH FORK WATER BOARD, OR
SAINT TAMMANY FIRE DISTRICT 4, LA SOUTH GILLIAM COUNTY CEMETERY
SALEM AREA MASS TRANSIT DISTRICT, OR DISTRICT, OR
SALEM MASS TRANSIT DISTRICT SOUTH GILLIAM COUNTY HEALTH DISTRICT,
SALEM SUBURBAN R.F.P.D., OR OR
SALISHAN SANITARY DISTRICT, OR SOUTH GILLIAM COUNTY R.F.P.D. VI-301, OR
SALMON RIVER PARK SPECIAL ROAD SOUTH LAFOURCHE LEVEE DISTRICT, LA
DISTRICT, OR SOUTH LANE COUNTY FIRE & RESCUE, OR
SALMON RIVER PARK WATER IMPROVEMENT SOUTH SANTIAM RIVER WATER CONTROL
DISTRICT, OR DISTRICT, OR
SALMONBERRY TRAIL INTERGOVERNMENTAL SOUTH SHERMAN FIRE DISTRICT, OR
AGENCY, OR SOUTH SUBURBAN SANITARY DISTRICT, OR
SANDPIPER VILLAGE SPECIAL ROAD DISTRICT, SOUTH WASCO PARK & RECREATION
OR DISTRICT, OR
SANDY DRAINAGE IMPROVEMENT COMPANY, SOUTHERN COOS HEALTH DISTRICT, OR
OR SOUTHERN CURRY CEMETERY MAINTENANCE
SANDY R.F.P.D. #72, OR DISTRICT, OR
SANTA CLARA R.F.P.D., OR SOUTHVIEW IMPROVEMENT DISTRICT, OR
SANTA CLARA WATER DISTRICT, OR SOUTHWEST LINCOLN COUNTY WATER
SANTIAM WATER CONTROL DISTRICT, OR DISTRICT, OR
SAUVIE ISLAND DRAINAGE IMPROVEMENT SOUTHWESTERN POLK COUNTY R.F.P.D., OR
COMPANY, OR SOUTHWOOD PARK WATER DISTRICT, OR
SAUVIE ISLAND VOLUNTEER FIRE DISTRICT SPECIAL ROAD DISTRICT #1, OR
#30J, OR SPECIAL ROAD DISTRICT #8, OR
SCAPPOOSE DRAINAGE IMPROVEMENT SPRING RIVER SPECIAL ROAD DISTRICT, OR
COMPANY, OR SPRINGFIELD UTILITY BOARD, OR
SCAPPOOSE PUBLIC LIBRARY DISTRICT, OR ST. PAUL R.F.P.D., OR
SCAPPOOSE R.F.P.D., OR STANFIELD CEMETERY DISTRICT #6, OR
SCIO R.F.P.D., OR STANFIELD IRRIGATION DISTRICT, OR
SCOTTSBURG R.F.P.D., OR STARR CREEK ROAD DISTRICT, OR
SEAL ROCK R.F.P.D., OR STARWOOD SANITARY DISTRICT, OR
SEAL ROCK WATER DISTRICT, OR STAYTON FIRE DISTRICT, OR
SEWERAGE AND WATER BOARD OF NEW SUBLIMITY FIRE DISTRICT, OR
ORLEANS, LA SUBURBAN EAST SALEM WATER DISTRICT, OR
SHANGRI-LA WATER DISTRICT, OR SUBURBAN LIGHTING DISTRICT, OR
SHASTA VIEW IRRIGATION DISTRICT, OR SUCCOR CREEK DISTRICT IMPROVEMENT
COMPANY, OR
Requirements for National Cooperative Contract
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SUMMER LAKE IRRIGATION DISTRICT, OR TUALATIN VALLEY FIRE & RESCUE, OR
SUMMERVILLE CEMETERY MAINTENANCE TUALATIN VALLEY IRRIGATION DISTRICT, OR
DISTRICT, OR TUALATIN VALLEY WATER DISTRICT
SUMNER R.F.P.D., OR TUALATIN VALLEY WATER DISTRICT, OR
SUN MOUNTAIN SPECIAL ROAD DISTRICT, OR TUMALO IRRIGATION DISTRICT, OR
SUNDOWN SANITATION DISTRICT, OR TURNER FIRE DISTRICT, OR
SUNFOREST ESTATES SPECIAL ROAD TWIN ROCKS SANITARY DISTRICT, OR
DISTRICT, OR TWO RIVERS NORTH SPECIAL ROAD DISTRICT,
SUNNYSIDE IRRIGATION DISTRICT, OR OR
SUNRISE WATER AUTHORITY, OR TWO RIVERS S.W.C.D., OR
SUNRIVER SERVICE DISTRICT, OR TWO RIVERS SPECIAL ROAD DISTRICT, OR
SUNSET EMPIRE PARK & RECREATION TYGH VALLEY R.F.P.D., OR
DISTRICT, OR TYGH VALLEY WATER DISTRICT, OR
SUNSET EMPIRE TRANSPORTATION DISTRICT, UMATILLA COUNTY FIRE DISTRICT #1, OR
OR UMATILLA COUNTY S.W.C.D., OR
SURFLAND ROAD DISTRICT, OR UMATILLA COUNTY SPECIAL LIBRARY
SUTHERLIN VALLEY RECREATION DISTRICT, DISTRICT, OR
OR UMATILLA HOSPITAL DISTRICT, OR
SUTHERLIN WATER CONTROL DISTRICT, OR UMATILLA R.F.P.D. #7-405, OR
SWALLEY IRRIGATION DISTRICT, OR UMATILLA-MORROW RADIO AND DATA
SWEET HOME CEMETERY MAINTENANCE DISTRICT, OR
DISTRICT, OR UMPQUA S.W.C.D., OR
SWEET HOME FIRE & AMBULANCE DISTRICT, UNION CEMETERY MAINTENANCE DISTRICT,
OR OR
SWISSHOME-DEADWOOD R.F.P.D., OR UNION COUNTY SOLID WASTE DISPOSAL
TABLE ROCK DISTRICT IMPROVEMENT DISTRICT, OR
COMPANY, OR UNION COUNTY VECTOR CONTROL DISTRICT,
TALENT IRRIGATION DISTRICT, OR OR
TANGENT R.F.P.D., OR UNION GAP SANITARY DISTRICT, OR
TENMILE R.F.P.D., OR UNION GAP WATER DISTRICT, OR
TERREBONNE DOMESTIC WATER DISTRICT, UNION HEALTH DISTRICT, OR
OR UNION R.F.P.D., OR
THE DALLES IRRIGATION DISTRICT, OR UNION S.W.C.D., OR
THOMAS CREEK-WESTSIDE R.F.P.D., OR UNITY COMMUNITY PARK & RECREATION
THREE RIVERS RANCH ROAD DISTRICT, OR DISTRICT, OR
THREE SISTERS IRRIGATION DISTRICT, OR UPPER CLEVELAND RAPIDS ROAD DISTRICT,
TIGARD TUALATIN AQUATIC DISTRICT, OR OR
TIGARD WATER DISTRICT, OR UPPER MCKENZIE R.F.P.D., OR
TILLAMOOK BAY FLOOD IMPROVEMENT UPPER WILLAMETTE S.W.C.D., OR
DISTRICT, OR VALE OREGON IRRIGATION DISTRICT, OR
TILLAMOOK COUNTY EMERGENCY VALE RURAL FIRE PROTECTION DISTRICT, OR
COMMUNICATIONS DISTRICT, OR VALLEY ACRES SPECIAL ROAD DISTRICT, OR
TILLAMOOK COUNTY S.W.C.D., OR VALLEY VIEW CEMETERY MAINTENANCE
TILLAMOOK COUNTY TRANSPORTATION DISTRICT, OR
DISTRICT, OR VALLEY VIEW WATER DISTRICT, OR
TILLAMOOK FIRE DISTRICT, OR VANDEVERT ACRES SPECIAL ROAD DISTRICT,
TILLAMOOK P.U.D., OR OR
TILLER R.F.P.D., OR VERNONIA R.F.P.D., OR
TOBIN DITCH DISTRICT IMPROVEMENT VINEYARD MOUNTAIN PARK & RECREATION
COMPANY, OR DISTRICT, OR
TOLEDO R.F.P.D., OR VINEYARD MOUNTAIN SPECIAL ROAD
TONE WATER DISTRICT, OR DISTRICT, OR
TOOLEY WATER DISTRICT, OR WALLA WALLA RIVER IRRIGATION DISTRICT,
TRASK DRAINAGE DISTRICT, OR OR
TRI CITY R.F.P.D. #4, OR WALLOWA COUNTY HEALTH CARE DISTRICT,
TRI-CITY WATER & SANITARY AUTHORITY, OR OR
TRI-COUNTY METROPOLITAN WALLOWA LAKE COUNTY SERVICE DISTRICT,
TRANSPORTATION DISTRICT OF OREGON OR
TRIMET, OR WALLOWA LAKE IRRIGATION DISTRICT, OR
TUALATIN HILLS PARK & RECREATION WALLOWA LAKE R.F.P.D., OR
DISTRICT WALLOWA S.W.C.D., OR
TUALATIN HILLS PARK & RECREATION WALLOWA VALLEY IMPROVEMENT DISTRICT
DISTRICT, OR #1, OR
TUALATIN S.W.C.D., OR WAMIC R.F.P.D., OR
TUALATIN VALLEY FIRE & RESCUE WAMIC WATER & SANITARY AUTHORITY, OR
Requirements for National Cooperative Contract
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WARMSPRINGS IRRIGATION DISTRICT, OR YAMHILL FIRE PROTECTION DISTRICT, OR
WASCO COUNTY S.W.C.D., OR YAMHILL SWCD, OR
WATER ENVIRONMENT SERVICES, OR YONCALLA PARK & RECREATION DISTRICT, OR
WATER WONDERLAND IMPROVEMENT YOUNGS RIVER-LEWIS & CLARK WATER
DISTRICT, OR DISTRICT, OR
WATERBURY & ALLEN DITCH IMPROVEMENT ZUMWALT R.F.P.D., OR
DISTRICT, OR
WATSECO-BARVIEW WATER DISTRICT, OR
WAUNA WATER DISTRICT, OR K-12 INCLUDING BUT NOT LIMITED TO:
WEDDERBURN SANITARY DISTRICT, OR ACADIA PARISH SCHOOL BOARD
WEST EAGLE VALLEY WATER CONTROL BEAVERTON SCHOOL DISTRICT
DISTRICT, OR BEND-LA PINE SCHOOL DISTRICT
WEST EXTENSION IRRIGATION DISTRICT, OR BOGALUSA HIGH SCHOOL, LA
WEST LABISH DRAINAGE & WATER CONTROL BOSSIER PARISH SCHOOL BOARD
IMPROVEMENT DISTRICT, OR BROOKING HARBOR SCHOOL DISTRICT
WEST MULTNOMAH S.W.C.D., OR CADDO PARISH SCHOOL DISTRICT
WEST SIDE R.F.P.D., OR CALCASIEU PARISH SCHOOL DISTRICT
WEST SLOPE WATER DISTRICT, OR CANBY SCHOOL DISTRICT
WEST UMATILLA MOSQUITO CONTROL CANYONVILLE CHRISTIAN ACADEMY
DISTRICT, OR CASCADE SCHOOL DISTRICT
WEST VALLEY FIRE DISTRICT, OR CASCADES ACADEMY OF CENTRAL OREGON
WESTERN HEIGHTS SPECIAL ROAD DISTRICT, CENTENNIAL SCHOOL DISTRICT
OR CENTRAL CATHOLIC HIGH SCHOOL
WESTERN LANE AMBULANCE DISTRICT, OR CENTRAL POINT SCHOOL DISTRICT NO.6
WESTLAND IRRIGATION DISTRICT, OR CENTRAL SCHOOL DISTRICT 13J
WESTON ATHENA MEMORIAL HALL PARK & COOS BAY SCHOOL DISTRICT NO.9
RECREATION DISTRICT, OR CORVALLIS SCHOOL DISTRICT 509J
WESTON CEMETERY DISTRICT #2, OR COUNTY OF YAMHILL SCHOOL DISTRICT 29
WESTPORT FIRE AND RESCUE, OR CULVER SCHOOL DISTRICT
WESTRIDGE WATER SUPPLY CORPORATION, DALLAS SCHOOL DISTRICT NO.2
OR DAVID DOUGLAS SCHOOL DISTRICT
WESTWOOD HILLS ROAD DISTRICT, OR DAYTON SCHOOL DISTRICT NO.8
WESTWOOD VILLAGE ROAD DISTRICT, OR DE LA SALLE N CATHOLIC HS
WHEELER S.W.C.D., OR DESCHUTES COUNTY SCHOOL DISTRICT NO.6
WHITE RIVER HEALTH DISTRICT, OR DOUGLAS EDUCATIONAL DISTRICT SERVICE
WIARD MEMORIAL PARK DISTRICT, OR DUFUR SCHOOL DISTRICT NO.29
WICKIUP WATER DISTRICT, OR EAST BATON ROUGE PARISH SCHOOL
WILLAKENZIE R.F.P.D., OR DISTRICT
WILLAMALANE PARK & RECREATION DISTRICT, ESTACADA SCHOOL DISTRICT NO.10B
OR FOREST GROVE SCHOOL DISTRICT
WILLAMALANE PARK AND RECREATION GEORGE MIDDLE SCHOOL
DISTRICT GLADSTONE SCHOOL DISTRICT
WILLAMETTE HUMANE SOCIETY GRANTS PASS SCHOOL DISTRICT 7
WILLAMETTE RIVER WATER COALITION, OR GREATER ALBANY PUBLIC SCHOOL DISTRICT
WILLIAMS R.F.P.D., OR GRESHAM BARLOW JOINT SCHOOL DISTRICT
WILLOW CREEK PARK DISTRICT, OR HEAD START OF LANE COUNTY
WILLOW DALE WATER DISTRICT, OR HIGH DESERT EDUCATION SERVICE DISTRICT
WILSON RIVER WATER DISTRICT, OR HILLSBORO SCHOOL DISTRICT
WINCHESTER BAY R.F.P.D., OR HOOD RIVER COUNTY SCHOOL DISTRICT
WINCHESTER BAY SANITARY DISTRICT, OR JACKSON CO SCHOOL DIST NO.9
WINCHUCK R.F.P.D., OR JEFFERSON COUNTY SCHOOL DISTRICT 509-J
WINSTON-DILLARD R.F.P.D., OR JEFFERSON PARISH SCHOOL DISTRICT
WINSTON-DILLARD WATER DISTRICT, OR JEFFERSON SCHOOL DISTRICT
WOLF CREEK R.F.P.D., OR JUNCTION CITY SCHOOLS, OR
WOOD RIVER DISTRICT IMPROVEMENT KLAMATH COUNTY SCHOOL DISTRICT
COMPANY, OR KLAMATH FALLS CITY SCHOOLS
WOODBURN R.F.P.D. NO. 6, OR LAFAYETTE PARISH SCHOOL DISTRICT
WOODLAND PARK SPECIAL ROAD DISTRICT, LAKE OSWEGO SCHOOL DISTRICT 7J
OR LANE COUNTY SCHOOL DISTRICT 4J
WOODS ROAD DISTRICT, OR LINCOLN COUNTY SCHOOL DISTRICT
WRIGHT CREEK ROAD WATER IMPROVEMENT LINN CO. SCHOOL DIST. 95C
DISTRICT, OR LIVINGSTON PARISH SCHOOL DISTRICT
WY'EAST FIRE DISTRICT, OR LOST RIVER JR/SR HIGH SCHOOL
YACHATS R.F.P.D., OR LOWELL SCHOOL DISTRICT NO.71
YAMHILL COUNTY TRANSIT AREA, OR MARION COUNTY SCHOOL DISTRICT
Requirements for National Cooperative Contract
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MARION COUNTY SCHOOL DISTRICT 103 CACHE SCHOOL DISTRICT, UT
MARIST HIGH SCHOOL, OR CANYON RIM ACADEMY, UT
MCMINNVILLE SCHOOL DISTRICT NOAO CANYONS DISTRICT, UT
MEDFORD SCHOOL DISTRICT 549C CARBON SCHOOL DISTRICT, UT
MITCH CHARTER SCHOOL CHANNING HALL, UT
MONROE SCHOOL DISTRICT NO.1J CHARTER SCHOOL LEWIS ACADEMY, UT
MORROW COUNTY SCHOOL DIST, OR CITY ACADEMY, UT
MULTNOMAH EDUCATION SERVICE DISTRICT DAGGETT SCHOOL DISTRICT, UT
MULTISENSORY LEARNING ACADEMY DAVINCI ACADEMY, UT
MYRTLE PINT SCHOOL DISTRICT 41 DAVIS DISTRICT, UT
NEAH-KAH-NIE DISTRICT NO.56 DUAL IMMERSION ACADEMY, UT
NEWBERG PUBLIC SCHOOLS DUCHESNE SCHOOL DISTRICT, UT
NESTUCCA VALLEY SCHOOL DISTRICT NO.101 EARLY LIGHT ACADEMY AT DAYBREAK, UT
NOBEL LEARNING COMMUNITIES EAST HOLLYWOOD HIGH, UT
NORTH BEND SCHOOL DISTRICT 13 EDITH BOWEN LABORATORY SCHOOL, UT
NORTH CLACKAMAS SCHOOL DISTRICT EMERSON ALCOTT ACADEMY, UT
NORTH DOUGLAS SCHOOL DISTRICT EMERY SCHOOL DISTRICT, UT
NORTH WASCO CITY SCHOOL DISTRICT 21 ENTHEOS ACADEMY, UT
NORTHWEST REGIONAL EDUCATION SERVICE EXCELSIOR ACADEMY, UT
DISTRICT FAST FORWARD HIGH, UT
ONTARIO MIDDLE SCHOOL FREEDOM ACADEMY, UT
OREGON TRAIL SCHOOL DISTRICT NOA6 GARFIELD SCHOOL DISTRICT, UT
ORLEANS PARISH SCHOOL DISTRICT GATEWAY PREPARATORY ACADEMY, UT
PHOENIX-TALENT SCHOOL DISTRICT NOA GEORGE WASHINGTON ACADEMY, UT
PLEASANT HILL SCHOOL DISTRICT GOOD FOUNDATION ACADEMY, UT
PORTLAND JEWISH ACADEMY GRAND SCHOOL DISTRICT, UT
PORTLAND PUBLIC SCHOOLS GRANITE DISTRICT, UT
RAPIDES PARISH SCHOOL DISTRICT GUADALUPE SCHOOL, UT
REDMOND SCHOOL DISTRICT HAWTHORN ACADEMY, UT
REYNOLDS SCHOOL DISTRICT INTECH COLLEGIATE HIGH SCHOOL, UT
ROGUE RIVER SCHOOL DISTRICT IRON SCHOOL DISTRICT, UT
ROSEBURG PUBLIC SCHOOLS ITINERIS EARLY COLLEGE HIGH, UT
SCAPPOOSE SCHOOL DISTRICT 1J JOHN HANCOCK CHARTER SCHOOL, UT
SAINT TAMMANY PARISH SCHOOL BOARD, LA JORDAN DISTRICT, UT
SEASIDE SCHOOL DISTRICT 10 JUAB SCHOOL DISTRICT, UT
SHERWOOD SCHOOL DISTRICT 88J KANE SCHOOL DISTRICT, UT
SILVER FALLS SCHOOL DISTRICT 4J KARL G MAESER PREPARATORY ACADEMY, UT
SOUTH LANE SCHOOL DISTRICT 45J3 LAKEVIEW ACADEMY, UT
SOUTHERN OREGON EDUCATION SERVICE LEGACY PREPARATORY ACADEMY, UT
DISTRICT LIBERTY ACADEMY, UT
SPRINGFIELD PUBLIC SCHOOLS LINCOLN ACADEMY, UT
SUTHERLIN SCHOOL DISTRICT LOGAN SCHOOL DISTRICT, UT
SWEET HOME SCHOOL DISTRICT NO.55 MARIA MONTESSORI ACADEMY, UT
TERREBONNE PARISH SCHOOL DISTRICT MERIT COLLEGE PREPARATORY ACADEMY, UT
THE CATLIN GABEL SCHOOL MILLARD SCHOOL DISTRICT, UT
TIGARD-TUALATIN SCHOOL DISTRICT MOAB CHARTER SCHOOL, UT
UMATILLA MORROW ESD MONTICELLO ACADEMY, UT
WEST LINN WILSONVILLE SCHOOL DISTRICT MORGAN SCHOOL DISTRICT, UT
WILLAMETTE EDUCATION SERVICE DISTRICT MOUNTAINVILLE ACADEMY, UT
WOODBURN SCHOOL DISTRICT MURRAY SCHOOL DISTRICT, UT
YONCALLA SCHOOL DISTRICT NAVIGATOR POINTE ACADEMY, UT
ACADEMY FOR MATH ENGINEERING & NEBO SCHOOL DISTRICT, UT
SCIENCE (AMES), UT NO UT ACAD FOR MATH ENGINEERING &
ALIANZA ACADEMY, UT SCIENCE (NUAMES), UT
ALPINE DISTRICT, UT NOAH WEBSTER ACADEMY, UT
AMERICAN LEADERSHIP ACADEMY, UT NORTH DAVIS PREPARATORY ACADEMY, UT
AMERICAN PREPARATORY ACADEMY, UT NORTH SANPETE SCHOOL DISTRICT, UT
BAER CANYON HIGH SCHOOL FOR SPORTS & NORTH STAR ACADEMY, UT
MEDICAL SCIENCES, UT NORTH SUMMIT SCHOOL DISTRICT, UT
BEAR RIVER CHARTER SCHOOL, UT ODYSSEY CHARTER SCHOOL, UT
BEAVER SCHOOL DISTRICT, UT OGDEN PREPARATORY ACADEMY, UT
BEEHIVE SCIENCE & TECHNOLOGY ACADEMY OGDEN SCHOOL DISTRICT, UT
(BSTA) , UT OPEN CLASSROOM, UT
BOX ELDER SCHOOL DISTRICT, UT OPEN HIGH SCHOOL OF UTAH, UT
CBA CENTER, UT OQUIRRH MOUNTAIN CHARTER SCHOOL, UT
Requirements for National Cooperative Contract
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PARADIGM HIGH SCHOOL, UT COLLEGE OF THE MARSHALL ISLANDS
PARK CITY SCHOOL DISTRICT, UT COLUMBIA GORGE COMMUNITY COLLEGE
PINNACLE CANYON ACADEMY, UT CONCORDIA UNIVERSITY
PIUTE SCHOOL DISTRICT, UT GEORGE FOX UNIVERSITY
PROVIDENCE HALL, UT KLAMATH COMMUNITY COLLEGE DISTRICT
PROVO SCHOOL DISTRICT, UT LANE COMMUNITY COLLEGE
QUAIL RUN PRIMARY SCHOOL, UT LEWIS AND CLARK COLLEGE
QUEST ACADEMY, UT LINFIELD COLLEGE
RANCHES ACADEMY, UT LINN-BENTON COMMUNITY COLLEGE
REAGAN ACADEMY, UT LOUISIANA COLLEGE, LA
RENAISSANCE ACADEMY, UT LOUISIANA STATE UNIVERSITY
RICH SCHOOL DISTRICT, UT LOUISIANA STATE UNIVERSITY HEALTH
ROCKWELL CHARTER HIGH SCHOOL, UT SERVICES
SALT LAKE ARTS ACADEMY, UT MARYLHURST UNIVERSITY
SALT LAKE CENTER FOR SCIENCE MT. HOOD COMMUNITY COLLEGE
EDUCATION, UT MULTNOMAH BIBLE COLLEGE
SALT LAKE SCHOOL DISTRICT, UT NATIONAL COLLEGE OF NATURAL MEDICINE
SALT LAKE SCHOOL FOR THE PERFORMING NORTHWEST CHRISTIAN COLLEGE
ARTS, UT OREGON HEALTH AND SCIENCE UNIVERSITY
SAN JUAN SCHOOL DISTRICT, UT OREGON INSTITUTE OF TECHNOLOGY
SEVIER SCHOOL DISTRICT, UT OREGON STATE UNIVERSITY
SOLDIER HOLLOW CHARTER SCHOOL, UT OREGON UNIVERSITY SYSTEM
SOUTH SANPETE SCHOOL DISTRICT, UT PACIFIC UNIVERSITY
SOUTH SUMMIT SCHOOL DISTRICT, UT PIONEER PACIFIC COLLEGE
SPECTRUM ACADEMY, UT PORTLAND COMMUNITY COLLEGE
SUCCESS ACADEMY, UT PORTLAND STATE UNIVERSITY
SUCCESS SCHOOL, UT REED COLLEGE
SUMMIT ACADEMY, UT RESEARCH CORPORATION OF THE
SUMMIT ACADEMY HIGH SCHOOL, UT UNIVERSITY OF HAWAII
SYRACUSE ARTS ACADEMY, UT ROGUE COMMUNITY COLLEGE
THOMAS EDISON - NORTH, UT SOUTHEASTERN LOUISIANA UNIVERSITY
TIMPANOGOS ACADEMY, UT SOUTHERN OREGON UNIVERSITY (OREGON
TINTIC SCHOOL DISTRICT, UT UNIVERSITY SYSTEM)
TOOELE SCHOOL DISTRICT, UT SOUTHWESTERN OREGON COMMUNITY
TUACAHN HIGH SCHOOL FOR THE COLLEGE
PERFORMING ARTS, UT TULANE UNIVERSITY
UINTAH RIVER HIGH, UT TILLAMOOK BAY COMMUNITY COLLEGE
UINTAH SCHOOL DISTRICT, UT UMPQUA COMMUNITY COLLEGE
UTAH CONNECTIONS ACADEMY, UT UNIVERSITY OF HAWAII BOARD OF REGENTS
UTAH COUNTY ACADEMY OF SCIENCE, UT UNIVERSITY OF HAWAII-HONOLULU
UTAH ELECTRONIC HIGH SCHOOL, UT COMMUNITY COLLEGE
UTAH SCHOOLS FOR DEAF & BLIND, UT UNIVERSITY OF OREGON-GRADUATE SCHOOL
UTAH STATE OFFICE OF EDUCATION, UT UNIVERSITY OF PORTLAND
UTAH VIRTUAL ACADEMY, UT UNIVERSITY OF NEW ORLEANS
VENTURE ACADEMY, UT WESTERN OREGON UNIVERSITY
VISTA AT ENTRADA SCHOOL OF PERFORMING WESTERN STATES CHIROPRACTIC COLLEGE
ARTS AND TECHNOLOGY, UT WILLAMETTE UNIVERSITY
WALDEN SCHOOL OF LIBERAL ARTS, UT XAVIER UNIVERSITY
WASATCH PEAK ACADEMY, UT UTAH SYSTEM OF HIGHER EDUCATION, UT
WASATCH SCHOOL DISTRICT, UT UNIVERSITY OF UTAH, UT
WASHINGTON SCHOOL DISTRICT, UT UTAH STATE UNIVERSITY, UT
WAYNE SCHOOL DISTRICT, UT WEBER STATE UNIVERSITY, UT
WEBER SCHOOL DISTRICT, UT SOUTHERN UTAH UNIVERSITY, UT
WEILENMANN SCHOOL OF DISCOVERY, UT SNOW COLLEGE, UT
DIXIE STATE COLLEGE, UT
HIGHER EDUCATION COLLEGE OF EASTERN UTAH, UT
ARGOSY UNIVERSITY UTAH VALLEY UNIVERSITY, UT
BATON ROUGE COMMUNITY COLLEGE, LA SALT LAKE COMMUNITY COLLEGE, UT
BIRTHINGWAY COLLEGE OF MIDWIFERY UTAH COLLEGE OF APPLIED TECHNOLOGY, UT
BLUE MOUNTAIN COMMUNITY COLLEGE
BRIGHAM YOUNG UNIVERSITY - HAWAII STATE AGENCIES
CENTRAL OREGON COMMUNITY COLLEGE ADMIN. SERVICES OFFICE
CENTENARY COLLEGE OF LOUISIANA BOARD OF MEDICAL EXAMINERS
CHEMEKETA COMMUNITY COLLEGE HAWAII CHILD SUPPORT ENFORCEMENT
CLACKAMAS COMMUNITY COLLEGE AGENCY
Requirements for National Cooperative Contract
Page 120 of 122
HAWAII DEPARTMENT OF TRANSPORTATION
HAWAII HEALTH SYSTEMS CORPORATION
OFFICE OF MEDICAL ASSISTANCE PROGRAMS
OFFICE OF THE STATE TREASURER
OREGON BOARD OF ARCHITECTS
OREGON CHILD DEVELOPMENT COALITION
OREGON DEPARTMENT OF EDUCATION
OREGON DEPARTMENT OF FORESTRY
OREGON DEPT OF TRANSPORTATION
OREGON DEPT. OF EDUCATION
OREGON LOTTERY
OREGON OFFICE OF ENERGY
OREGON STATE BOARD OF NURSING
OREGON STATE DEPT OF CORRECTIONS
OREGON STATE POLICE
OREGON TOURISM COMMISSION
OREGON TRAVEL INFORMATION COUNCIL
SANTIAM CANYON COMMUNICATION CENTER
SEIU LOCAL 503, OPEU
SOH- JUDICIARY CONTRACTS AND PURCH
STATE DEPARTMENT OF DEFENSE, STATE OF
HAWAII
STATE OF HAWAII
STATE OF HAWAII, DEPT. OF EDUCATION
STATE OF LOUISIANA
STATE OF LOUISIANA DEPT. OF EDUCATION
STATE OF LOUISIANA, 26TH JUDICIAL DISTRICT
ATTORNEY
STATE OF UTAH
Requirements for National Cooperative Contract
Page 121 of 122
Offeror’s Company Name
Daikin Applied Americas Inc.
Solicitation Name
HVAC Equipment, Installation,
Service, & Related Products
Solicitation Number
20-04
Tab 6
x
Offeror’s Company Name
Daikin Applied Americas Inc.
Appendix C, Doc #1
Acknowledgment and Acceptance of
Region 4 ESC’s Open Records Policy
Daikin Applied Freedom of Information Act Exemption List
Tab 2 – Products and Pricing – all pages, all lines
Tab 4 – Qualifications and Experience – References - pages 10-11, all lines
Tab 7 – Rep Roster – all pages, all lines
Tab 7 – Service Office Roster – all pages, all lines
Tab 7 – Service Who to Contact List – all pages, all lines
Tab 7 – OMNIA Partners Biz Plan – all pages, all lines
Exception Reasoning
The material set forth herein is deem to be confidential commercial and financial
data, the public disclosure of which could cause substantial competitive harm to
Daikin Applied Americas Inc. (hereinafter “Daikin Applied”). In addition, the
information contained herein is deemed to constitute trade secrets, confidential
operations information, and other confidential commercial and financial data
within the meaning of applicable Freedom of Information Acts, the disclosure of
which is prohibited by law. This material has not been disclosed to the public,
and should not be, since such disclosure could cause competitive harm to Daikin
Applied. It is Daikin Applied’s expectation that it will be notified by any applicable
agency of any request for information pertaining to the materials set for herein,
and that Daikin Applied will be given an opportunity to object to disclosure of the
information.
Appendix C, DOC # 3
Implementation of House Bill 1295
Certificate of Interested Parties (Form 1295):
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the
Government Code. The law states that a governmental entity or state agency may not enter
into certain contracts with a business entity unless the business entity submits a disclosure of
interested parties to the governmental entity or state agency at the time the business entity
submits the signed contract to the governmental entity or state agency. The law applies only
to a contract of a governmental entity or state agency that either (1) requires an action or vote
by the governing body of the entity or agency before the contract may be signed or (2) has a
value of at least $1 million. The disclosure requirement applies to a contract entered into on or
after January 1, 2016.
The Texas Ethics Commission was required to adopt rules necessary to implement that law,
prescribe the disclosure of interested parties form, and post a copy of the form on the
commission’s website. The commission adopted the Certificate of Interested Parties form
(Form 1295) on October 5, 2015. The commission also adopted new rules (Chapter 46) on
November 30, 2015, to implement the law. The commission does not have any additional
authority to enforce or interpret House Bill 1295.
Filing Process:
Staring on January 1, 2016, the commission made available on its website a new filing
application that must be used to file Form 1295. A business entity must use the application to
enter the required information on Form 1295 and print a copy of the completed form, which will
include a certification of filing that will contain a unique certification number. An authorized
agent of the business entity must sign the printed copy of the form. The completed Form 1295
with the certification of filing must be filed with the governmental body or state agency with
which the business entity is entering into the contract.
The governmental entity or state agency must notify the commission, using the commission’s
filing application, of the receipt of the filed Form 1295 with the certification of filing not later
than the 30th day after the date the contract binds all parties to the contract. This process is
known as acknowledging the certificate. The commission will post the acknowledged Form
1295 to its website within seven business days after receiving notice from the governmental
entity or state agency. The posted acknowledged form does not contain the declaration of
signature information provided by the business.
A certificate will stay in the pending state until it is acknowledged by the governmental agency.
Only acknowledged certificates are posted to the commission’s website.
Electronic Filing Application:
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm completed online
Frequently Asked Questions:
https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php
Changes to Form 1295: https://www.ethics.state.tx.us/data/filinginfo/1295Changes.pdf
Page 33
Appendix C, DOC # 5
SPECIAL CONDITIONS
The below clauses are applicable to the Offer; by Submitting a Sealed Proposal the Offeror is
accepting these Special Conditions:
Conflicts of Interest
No employee, officer, or agent may participate in the selection, award, or administration of a
contract supported by a FEMA award if he or she has a real or apparent conflict of interest.
Such a conflict would arise when the employee, officer, or agent, any member of his or her
immediate family, his or her partner, or an organization which employs or is about to employ
any of these parties, has a financial or other interest in or a tangible personal benefit from a
firm considered for award. 2 C.F.R. § 200.318(c)(1); See also Standard Form 424D, ¶ 7;
Standard Form 424B, ¶ 3.
i. FEMA considers a “financial interest” to be the potential for gain or loss to the employee,
officer, or agent, any member of his or her immediate family, his or her partner, or an
organization which employs or is about to employ any of these parties as a result of the
particular procurement. The prohibited financial interest may arise from ownership of certain
financial instruments or investments such as stock, bonds, or real estate, or from a salary,
indebtedness, job offer, or similar interest that might be affected by the particular procurement.
ii. FEMA considers an “apparent” conflict of interest to exist where an actual conflict does not
exist, but where a reasonable person with knowledge of the relevant facts would question the
impartiality of the employee, officer, or agent participating in the procurement. c. Gifts. The
officers, employees, and agents of Region 4 ESC 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 minims, 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
government, or tribal government. This includes, among other things, past and current
compliance with the:
a. Equal opportunity and nondiscrimination laws
b. Five affirmative steps described at 2 C.F.R. § 200.321(b) for all subcontracting under
contracts supported by FEMA financial assistance; and FEMA Procurement Guidance June
21, 2016 Page IV- 7
c. Applicable prevailing wage laws, regulations, and executive orders
Page 35
Affirmative Steps
For any subcontracting opportunities, Contractor must take the following Affirmative steps:
1. Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
2. Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority businesses, and women's business
enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises; and
5. Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the Department
of Commerce;
Federal Requirements
Services issued under this contract may be in response to an emergency or disaster recovery
situation and eligible for federal funding; Services issued in response to an emergency or
disaster recovery situation are subject to and must comply with all federal requirements
applicable to the funding. The remaining items below, located in this Special Conditions
section, are activated and required when federal funding may be utilized.
2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses
1. Termination for Convenience:
The right to terminate this Contract for the convenience of Region 4 ESC is retained by Region 4
ESC. In the event of a termination for convenience by Region 4 ESC, Region 4 ESC shall, at least
ten (10) calendar days in advance, deliver written notice of the termination for convenience 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 Region 4 ESC, 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 the project site or away from the project site, as approved in writing by Region 4 ESC
but not yet paid for and which cannot be returned, and actual, reasonable and documented
demobilization costs, if any, paid by Contractor and approved by Region 4 ESC in connection with
the Scope of Work in place which is completed as of the date of termination by Region 4 ESC
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.
2. Equal Employment Opportunity:
Page 36
Region 4 ESC highly encourages 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:
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The
contractor will take affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, color, religion, sex, sexual orientation,
gender identity, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided 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 has inquired about, discussed,
or disclosed the compensation of the employee or applicant or another employee or applicant.
This provision shall not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such employee's essential
job functions discloses the compensation of such other employees or applicants to individuals
who do not otherwise have access to such information, unless such disclosure is in response to
a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or is consistent with the contractor's legal
duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, a notice to be provided by
the agency contracting officer, advising the labor union or workers' representative of the
contractor's commitments under 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 and the contractor may be declared ineligible for
further Government contracts in accordance with procedures authorized in Executive Order
Page 37
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 respect 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.
3. “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 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.
Page 38
(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.”
4. 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
Page 39
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 Part by Loans or Grants from the United States). The Copeland
Anti- Kickback Act provides that each contractor or subrecipient must be
prohibited from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-Federal entity
must report all suspected or reported violations to FEMA.
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.”
5. 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.
Page 40
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 contractor and any subcontractor responsible therefor shall
be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work
done under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of
the clause set forth in paragraph (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 performed by
the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally-
Page 41
assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums
as may be determined to be necessary to satisfy any liabilities of such
contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (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
shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4)
of this section.”
6. 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 the Tennessee Valley Authority, and any contractor
for the performance of experimental, developmental, or research work funded
in whole or in part by the Federal government. This term also includes any
assignment, substitution of parties, or subcontract of any type entered into for
the performance of experimental, developmental, or research work under a
funding agreement as defined in the first sentence of this paragraph.
7. 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
Page 42
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.
(3) The contractor agrees to include these requirements in each
subcontract exceeding $150,000 financed in whole or in part with
Federal assistance provided by FEMA.
Federal Water Pollution Control Act
(1) The contractor agrees to comply with all applicable standards,
orders or regulations issued pursuant to the Federal Water Pollution
Control Act, as amended, 33 U.S.C. 1251 et seq.
(2) The contractor agrees to report each violation to the (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.
(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.”
8. 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).
Page 43
c. These regulations restrict awards, subawards, and contracts with certain parties
that are debarred, suspended, or otherwise excluded from or ineligible for
participation in Federal assistance programs and activities. See 2 C.F.R. Part
200, Appendix II, ¶ H; and Procurement Guidance for Recipients and
Subrecipients Under 2 C.F.R. Part 200 (Uniform Rules): Supplement to the
Public Assistance Procurement 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 Services Administration that
contains the names of parties debarred, suspended, or otherwise excluded by
agencies, as well as parties declared ineligible under statutory or regulatory
authority other than Executive Order 12549. SAM exclusions can be accessed
at www.sam.gov. See 2 C.F.R. § 180.530; 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.
(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
Page 44
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 subrecipient), the Federal
Government may pursue available remedies, including but not limited
to suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout
the period of any contract that may arise from this offer. The bidder or proposer further agrees to
include a provision requiring such compliance in its lower tier covered transactions.”
9. Byrd Anti-Lobbying Amendment.
a. Applicability: This requirement applies to all FEMA grant and cooperative
agreement programs.
b. 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.
c. 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.
d. 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 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
Page 45
11. Additional FEMA Requirements.
a. The Uniform Rules authorize FEMA to require additional provisions for non-
Federal entity contracts. FEMA, pursuant to this authority, requires or
recommends the following:
b. Changes.
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.
c. 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 records,
accounts, documents, information, facilities, and staff. See DHS Standard Terms and
Conditions, v 3.0, ¶ XXVI (2013).
d. The following provides a contract clause regarding access to records:
“Access to Records. The following access to records requirements apply to this contract:
(1) 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.
(2) 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.
(3) 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.”
12. DHS Seal, Logo, and Flags.
a. All non-Federal entities must place in their contracts a provision that a contractor
Page 48
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).
b. 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.”
13. Compliance with Federal Law, Regulations, and Executive Orders.
a. 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.
b. The following provides a contract clause regarding Compliance with Federal
Law, Regulations, and Executive Orders: “This is an acknowledgement that
FEMA financial assistance will be used to fund the contract only. The
contractor will comply will all applicable federal law, regulations, executive
orders, FEMA policies, procedures, and directives.”
14. No Obligation by Federal Government.
a. The non-Federal entity must include a provision in its contract that states that
the Federal Government is not a party to the contract and is not subject to any
obligations or liabilities to the non-Federal entity, contractor, or any other party
pertaining to any matter resulting from the contract.
b. The following provides a contract clause regarding no obligation by the Federal
Government: “The Federal Government is not a party to this contract and is not
subject to any obligations or liabilities to the non-Federal entity, contractor, or any
other party pertaining to any matter resulting from the contract.”
15. Program Fraud and False or Fraudulent Statements or Related Acts.
a. The non-Federal entity must include a provision in its contract that the
contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies
for False Claims and Statements) applies to its actions pertaining to the
contract.
b. The following provides a contract clause regarding Fraud and False or
Fraudulent or Related Acts: “The contractor acknowledges that 31 U.S.C.
Chap. 38 (Administrative Remedies for False Claims and Statements) applies
to the contractor’s actions pertaining to this contract.”
Page 49
Appendix C, DOC # 6
QUESTIONNAIRE
Please provide responses to the following questions that address your company’s operations,
organization, structure and processes for providing products and services.
1. Diversity Programs
x Do you currently have a diversity program or any diversity partners that you do
business with? X Yes No
(If the answer is yes, attach a statement detailing the structure of your program, along with
a list of your diversity alliances and a copy of their certifications.)
2. Diverse Vendor Certification Participation
Region 4 ESC encourages the use of under-utilized businesses (HUB), minority and women
business enterprises (MWBE), and small and/or disadvantages business enterprises (SBE)
both as prime and subcontractors. Offerors shall indicate below whether or not they and/or
any of their subcontractors (and if so which) hold certification in any of the classified areas
and include proof of such certification with their response.
a. Minority Women Business Enterprise
Respondent certifies that this firm is an MWBE Yes X No
List certifying agency: _______________________________________________
b. Small Business Enterprise (SBE) or Disadvantaged Business Enterprise (DBE)
Respondent certifies that this firm is a SBE or DBE Yes X No
List certifying agency: _______________________________________________
c. Historically Underutilized Businesses (HUB)
Respondent certifies that this firm is a HUB Yes X No
List certifying agency: _______________________________________________
d. Historically Underutilized Business Zone Enterprise (HUBZone)
Respondent certifies that this firm is a HUBZone Yes X No
List certifying agency: _______________________________________________
e. Other
Respondent certifies that this firm is a recognized diversity Yes X No
certificate holder
List certifying agency: _______________________________________________
3. Has Offeror made and is Offeror committed to continuing to take all affirmative steps set forth in
2 CFR 200.321 as it relates to the Scope of Work outlined in this solicitation? X Yes No
Page 51
Appendix C
ADDITIONAL REQUIRED DOCUMENTS
DOC #1 Acknowledgment and Acceptance of Region 4 ESC’s Open Records Policy
DOC #2 Antitrust Certification Statements (Tex. Government Code § 2155.005)
DOC #3 Implementation of House Bill 1295 Certificate of Interested Parties (Form 1295)
DOC #4 Texas Government Code 2270 Verification Form
DOC #5 Special Conditions
DOC #6 Questionnaire
DOC #7 For applicable construction/reconstruction/renovation and related services, a bid
guarantee is required 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 bond 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 Texas and authorized to underwrite bonds in the amount of the bid
bond. For the purposes of this solicitation, the total bid is to be $60,000,000.
See bond letter on following pages
Page 30
Offeror’s Company Name
Daikin Applied Americas Inc.
Solicitation Name
HVAC Equipment, Installation,
Service, & Related Products
Solicitation Number
20-04
Tab 7
DAIKIN APPLIED AMERICAS INC. Terms & Conditions of to expand Company’s obligation beyond the terms of this express warranty, or to
Sale (North America) state that the performance of any product is other than is published by Company.
Company must receive a startup Registration Form for products containing motor
1. Terms of Agreement: The term “Company” as used herein shall mean compressors and/or furnaces within ten (10) days of original product startup, or
Daikin Applied Americas Inc. Company offers to sell the materials, equipment the startup date and ship date will be deemed the same for warranty period
or services indicated only under the terms and conditions stated herein. determination, and the warranty shall expire twelve (12) months from that date.
Submittal of any further purchase documents by Buyer, or execution of this offer 11. Warranty Exclusions: Company’s warranty set forth in section 10 does not
by Buyer, or allowing Company to commence work, shall be deemed an apply to any products or parts which (a) have been opened, disassembled,
acceptance of this offer. Any additional or differing terms and conditions repaired, or altered by anyone other than Company or its authorized service
contained on any documents prepared or submitted by Buyer (whether or not representative; or (b) have been subjected to misuse, negligence, accidents,
such terms materially alter this offer) are hereby rejected by Company and shall damage, or abnormal use or service; or (c) have been operated, installed, or
not become part of the contract between Buyer and Company unless expressly startup has been provided in a manner contrary to Company’s printed
consented to in writing by Company. instructions, or (d) were manufactured or furnished by others and which are not
an integral part of a product manufactured by Company. Refrigerants, fluids,
2. Price Policy: All prices are subject to increase upon notice, due to such oils and expendable items such as filters are not covered by Company’s warranty.
events as announced increases in the Company’s list prices, or increases in labor For additional consideration Company will provide an extended warranty(ies) on
or material costs. certain products or parts thereof. The terms of any extended warranty(ies) are
3. Terms of Payment: Terms of payment are subject at all times to prior shown on the product limited warranty certificate or on a separate extended
approval of the Company’s credit department. Terms of payment are net 30 days warranty statement.
from date of invoice, unless otherwise agreed to in writing by Company. If at 12. Limitation on Liability; Indemnity: Company’s liability with respect to the
any time the financial condition of Buyer or any other circumstance affecting the products sold hereunder shall be limited to the warranty provided in section 10
credit decision does not, in Company’s opinion, justify continuance of hereof, and shall not exceed the lesser of (a) the cost of repairing or replacing
production of products or shipment of products on the terms of payment defective products, or (b) the original purchase price of the products. IN NO
specified, Company may require full or partial payment in advance, or may at its EVENT AND UNDER NO CIRCUMSTANCES SHALL COMPANY BE
sole discretion stop or delay production or shipment of products. In the event of LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, CONTINGENT OR
default in payment, Buyer agrees to pay all costs of collection incurred by CONSEQUENTIAL DAMAGES, WHETHER THE THEORY BE BREACH OF
Company, including but not limited to, collection agency fees, attorneys’ fees, THIS OR ANY OTHER WARRANTY, NEGLIGENCE OR STRICT
legal expenses and court costs. All past due amounts shall bear interest at the LIABILITY IN TORT.
highest rate allowed by law.
13. Infringement: Company will, at its own expense, defend any suits that may
4. Shipping Terms: All shipments will be made F.O.B. factory or warehouse be instituted by anyone against Buyer for alleged infringement of any valid
with freight prepaid and allowed as quoted via a low cost common carrier, and United States patent, trademark or copyright in existence on the date of this
charges for special carrier services requested by Buyer shall be paid by Buyer. contract relating to any products sold hereunder that are manufactured by
Company may ship the goods in one or more lots; such lots may be separately Company, provided Buyer (i) shall have made all payments then due hereunder,
invoiced and shall be paid for when due per invoice, without regard to (ii) shall give Company immediate notice in writing of any such suit and transmit
subsequent deliveries. Delay in delivery of any lot shall not relieve Buyer of its to Company immediately upon receipt all processes and papers served upon
obligation to accept remaining deliveries. Buyer, and (iii) shall permit Company, either in the name of Buyer or the name
5. Claims: Responsibility of Company for all shipments ceases upon delivery of of Company, to defend the same and give Company all needed information,
the goods to the carrier; and regardless of shipping terms or freight payment, assistance and authority to enable it to do so. If such products are in such suit
Buyer shall bear all risk of loss or damage in transit. Any claims for damage or held in and of themselves to infringe any such patent, trademark or copyright,
shortage in transit must be filed by Buyer against the carrier, and not Company. Company will pay any final award of damages in such suit to the extent
Claims for factory shortages will not be considered unless made in writing to attributable to such infringement. Notwithstanding the foregoing, Company shall
Company within ten (10) days after receipt of the goods and accompanied by not be responsible for any settlement made without its written consent, or for
reference to Company’s bill of lading and factory order numbers. infringements of combination or process patents covering the use of the products
6. Taxes: The amount of any present or future taxes applicable to the product in combination with other goods not furnished and manufactured by Company.
shall be added to the price contained herein and paid by Buyer in the same 14. Disputes and Choice of Law: This contract and these Terms and
manner and with the same effects as if originally added thereto. Conditions of Sale shall constitute the entire agreement between Company and
7. Cancellations: Accepted orders are not subject to cancellation without Buyer and shall be governed by and construed according to the laws of the State
Company being (a) reimbursed for any and all expenses (including overhead), (b) of Minnesota. All claims, disputes, and controversies arising out of or relating to
paid a reasonable profit, and (c) indemnified by Buyer against any and all loss. this contract, or the breach thereof, shall, in lieu of court action, be submitted to
arbitration in accordance with the Commercial Arbitration Rules of the American
8. Shipment Dates: Shipment dates are only estimates. No contract has been Arbitration Association (“AAA”), and any judgment upon the award rendered by
made to ship in a specified time, unless set forth in a separate writing signed by the arbitrator(s) may be entered in any court having jurisdiction thereof. The site
an officer of Company. Company shall not be liable for any damage as a result of the arbitration shall be Minneapolis, Minnesota, unless another site is
of any delay or failure to deliver due to disapproval of Company Credit mutually agreed between the parties. The parties agree that any party to the
Department or due to any cause beyond Company’s reasonable control, including arbitration shall be entitled to discovery of the other party as provided by the
without limitation, any act of God, act of Buyer, governmental act, accident, Federal Rules of Civil Procedure; provided, however, that any such discovery
labor unrest, delay in transportation, or inability to obtain necessary labor, shall be completed within four (4) months from the date the Demand for
materials or manufacturing facilities. Arbitration is filed with the AAA.
9. Returns: Goods may not be returned unless Buyer obtains the advance 15. Canada: The parties hereto confirm that it is their wish that this contract be
written permission of an authorized Company official, and when so returned will drawn up in the English language only; les parties aux présentes confirment leur
be subject to handling and transportation charges. Authorized returned goods volonté que ce contrat soit rédigé en langue anglaise seulement.
must be shipped prepaid to the location designated by the authorization.
10. Limited Warranty: Subject to sections 11 and 12 herein, Company warrants
that it will, at its option, repair or replace defective parts in the event any product
manufactured by Company, sold hereunder and used in the United States or
Canada, proves defective in material or workmanship within twelve (12) months
from initial start-up, or eighteen (18) months from date of shipment, whichever
period expires sooner. Replaced parts are warranted for the duration of the
original warranty period. THIS WARRANTY CONSTITUTES BUYER’S SOLE
REMEDY. IT IS GIVEN IN LIEU OF ALL OTHER WARRANTIES. THERE
IS NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. No liability shall attach to Company until
Company has been paid in full for all products purchased hereunder. No person
(including any agent, sales representative, dealer or distributor) has the authority
Form No. 2F-1216 (06/14) English & French
Terms & Conditions
DAIKIN APPLIED AMERICAS INC. Terms & Conditions of Sale (North America)
1. Terms of Agreement: The term “Company” as used herein shall mean Daikin Applied Americas Inc.
Company offers to sell the materials, equipment or services indicated only under the terms and conditions
stated herein. Submittal of any further purchase documents by Buyer, or execution of this offer by Buyer, or
allowing Company to commence work, shall be deemed an acceptance of this offer. Any additional or differing
terms and conditions contained on any documents prepared or submitted by Buyer (whether or not such
terms materially alter this offer) are hereby rejected by Company and shall not become part of the contract
between Buyer and Company unless expressly consented to in writing by Company.
2. Price Policy: All prices are subject to increase upon notice, due to such events as announced increases in
the Company’s list prices, or increases in labor or material costs.
3. Terms of Payment: Terms of payment are subject at all times to prior approval of the Company’s credit
department. Terms of payment are net 30 days from date of invoice, unless otherwise agreed to in writing by
Company. If at any time the financial condition of Buyer or any other circumstance affecting the credit decision
does not, in Company’s opinion, justify continuance of production of products or shipment of products on the
terms of payment specified, Company may require full or partial payment in advance, or may at its sole
discretion stop or delay production or shipment of products. In the event of default in payment, Buyer agrees to
pay all costs of collection incurred by Company, including but not limited to, collection agency fees, attorneys’
fees, legal expenses and court costs. All past due amounts shall bear interest at the highest rate allowed by
law.
4. Shipping Terms: All shipments will be made F.O.B. factory or warehouse with freight prepaid and allowed as
quoted via a low cost common carrier, and charges for special carrier services requested by Buyer shall be
paid by Buyer. Company may ship the goods in one or more lots; such lots may be separately invoiced and
shall be paid for when due per invoice, without regard to subsequent deliveries. Delay in delivery of any lot
shall not relieve Buyer of its obligation to accept remaining deliveries.
5. Claims: Responsibility of Company for all shipments ceases upon delivery of the goods to the carrier; and
regardless of shipping terms or freight payment, Buyer shall bear all risk of loss or damage in transit. Any
claims for damage or shortage in transit must be filed by Buyer against the carrier, and not Company. Claims
for factory shortages will not be considered unless made in writing to Company within ten (10) days after
receipt of the goods and accompanied by reference to Company’s bill of lading and factory order numbers.
6. Taxes: The amount of any present or future taxes applicable to the product shall be added to the price
contained herein and paid by Buyer in the same manner and with the same effects as if originally added
thereto.
7. Cancellations: Accepted orders are not subject to cancellation without Company being (a) reimbursed for any
and all expenses (including overhead), (b) paid a reasonable profit, and (c) indemnified by Buyer against any
and all loss.
8. Shipment Dates: Shipment dates are only estimates. No contract has been made to ship in a specified time,
unless set forth in a separate writing signed by an officer of Company. Company shall not be liable for any
damage as a result of any delay or failure to deliver due to disapproval of Company Credit Department or due
to any cause beyond Company’s reasonable control, including without limitation, any act of God, act of Buyer,
governmental act, accident, labor unrest, delay in transportation, or inability to obtain necessary labor,
materials or manufacturing facilities.
9. Returns: Goods may not be returned unless Buyer obtains the advance written permission of an authorized
Company official, and when so returned will be subject to handling and transportation charges. Authorized
returned goods must be shipped prepaid to the location designated by the authorization.
10. Limited Warranty: Subject to sections 11 and 12 herein, Company warrants that it will, at its option, repair or
replace defective parts in the event any product manufactured by Company, sold hereunder and used in the
United States or Canada, proves defective in material or workmanship within twelve (12) months from initial
start-up, or eighteen (18) months from date of shipment, whichever period expires sooner. Replaced parts
are warranted for the duration of the original warranty period. THIS WARRANTY CONSTITUTES BUYER’S
SOLE REMEDY. IT IS GIVEN IN LIEU OF ALL OTHER WARRANTIES. THERE IS NO IMPLIED WARRANTY
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No liability shall attach to Company
until Company has been paid in full for all products purchased hereunder. No person (including any agent,
sales representative, dealer or distributor) has the authority to expand Company’s obligation beyond the terms
of this express warranty, or to state that the performance of any product is other than is published by Company.
Company must receive a startup Registration Form for products containing motor compressors and/or furnaces
within ten (10) days of original product startup, or the startup date and ship date will be deemed the same
for warranty period determination, and the warranty shall expire twelve (12) months from that date.
11. Warranty Exclusions: Company’s warranty set forth in section 10 does not apply to any products or parts
which (a) have been opened, disassembled, repaired, or altered by anyone other than Company or its
authorized service representative; or (b) have been subjected to misuse, negligence, accidents, damage, or
abnormal use or service; or (c) have been operated, installed, or startup has been provided in a manner
contrary to Company’s printed instructions, or (d) were manufactured or furnished by others and which are
not an integral part of a product manufactured by Company. Refrigerants, fluids, oils and expendable items
such as filters are not covered by Company’s warranty. For additional consideration Company will provide an
extended warranty(ies) on certain products or parts thereof. The terms of any extended warranty(ies) are
shown on the product limited warranty certificate or on a separate extended warranty statement.
12. Limitation on Liability; Indemnity: Company’s liability with respect to the products sold hereunder shall be
limited to the warranty provided in section 10 hereof, and shall not exceed the lesser of (a) the cost of
repairing or replacing defective products, or (b) the original purchase price of the products. IN NO EVENT
AND UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR INCIDENTAL, INDIRECT,
SPECIAL, CONTINGENT OR CONSEQUENTIAL DAMAGES, WHETHER THE THEORY BE BREACH OF
THIS OR ANY OTHER WARRANTY, NEGLIGENCE OR STRICT LIABILITY IN TORT.
13. Infringement: Company will, at its own expense, defend any suits that may be instituted by anyone against
Buyer for alleged infringement of any valid United States patent, trademark or copyright in existence on
the date of this contract relating to any products sold hereunder that are manufactured by Company,
provided Buyer (i) shall have made all payments then due hereunder, (ii) shall give Company immediate notice
in writing of any such suit and transmit to Company immediately upon receipt all processes and papers
served upon Buyer, and (iii) shall permit Company, either in the name of Buyer or the name of Company, to
defend the same and give Company all needed information, assistance and authority to enable it to do so. If
such products are in such suit held in and of themselves to infringe any such patent, trademark or copyright,
Company will pay any final award of damages in such suit to the extent attributable to such infringement.
Notwithstanding the foregoing, Company shall not be responsible for any settlement made without its written
consent, or for infringements of combination or process patents covering the use of the products in
combination with other goods not furnished and manufactured by Company.
14. Disputes and Choice of Law: This contract and these Terms and Conditions of Sale shall constitute the
entire agreement between Company and Buyer and shall be governed by and construed according to the laws
of the State of Minnesota. All claims, disputes, and controversies arising out of or relating to this contract, or
the breach thereof, shall, in lieu of court action, be submitted to arbitration in accordance with the Commercial
Arbitration Rules of the American Arbitration Association (“AAA”), and any judgment upon the award rendered
by the arbitrator(s) may be entered in any court having jurisdiction thereof. The site of the arbitration shall be
Minneapolis, Minnesota, unless another site is mutually agreed between the parties. The parties agree that
any party to the arbitration shall be entitled to discovery of the other party as provided by the Federal
Rules of Civil Procedure; provided, however, that any such discovery shall be completed within four (4)
months from the date the Demand for Arbitration is filed with the AAA.
15. Canada: The parties hereto confirm that it is their wish that this contract be drawn up in the English language
only; les parties aux présentes confirment leur volonté que ce contrat soit rédigé en langue anglaise seulement.
DAIKIN APPLIED AMERICAS INC.
d/b/a Daikin Applied
TERMS & CONDITIONS
1. This Standard Service Proposal or Maintenance Agreement (hereinafter sometimes referenced as “Agreement”), upon
acceptance by the Customer, is made solely on the terms and conditions hereof, notwithstanding any additional or
conflicting conditions that may be contained in any purchase order or other form of Customer, all of which additional or
conflicting terms and conditions are hereby rejected by Daikin Applied. Further, you acknowledge and agree that any
purchase order issued by you in accordance with this Agreement will only establish payment authority for your internal
accounting purposes. Any such purchase order will not be considered by us to be a counteroffer, amendment,
modification, or other revision to the terms of this agreement. No waiver, alteration or modification of the terms and
conditions herein shall be valid unless made in writing and signed by an authorized representative of Daikin Applied.
2. This Maintenance Agreement or Standard Service Proposal is subject to acceptance by the Customer within 30 days from
date show on the quote, unless specified otherwise. Prices quoted are for services, labor, and material as specified in this
Proposal. If acceptance of this Maintenance Agreement or Standard Service Proposal is delayed or modified, prices are
subject to adjustment.
3. Terms of payment are subject at all times to prior approval of Daikin Applied’s credit department. Terms of payment are
net due upon receipt of invoice unless previously otherwise agreed in writing. Should payment become more than 30 days
delinquent, Daikin Applied may stop all work under this Agreement or terminate this Agreement with five (5) days written
notice to Customer. Daikin Applied reserves the right to add to any account outstanding more than 30 days interest at 1
½% per month or the highest rate allowed by law. In the event of default in payment, Customer agrees to pay all costs of
collection incurred by Daikin Applied including, but not limited to, collection agency fees, attorney fees and court costs.
Additional services may be performed upon request at a price to be determined, subject to these Terms and Conditions.
4. In the event that Daikin Applied determines, during the first thirty (30) days of any Maintenance Agreement or upon
seasonal start-up (discovery period) that any equipment covered under this Agreement in need of repair and/or
replacement, Daikin Applied shall inform Customer of the equipment condition and remedy. Daikin Applied shall not be
responsible for the present or future repair and/or replacement or operability of any specific equipment; until such time as
the equipment is brought up to an acceptable condition or the Customer removes the unacceptable system(s),
component(s), or part(s) from this contract.
5. Any Maintenance Agreement price is subject to adjustment once each calendar year, effective on the anniversary date, for
changes in labor, subcontractor and material costs. The customer shall receive forty-five (45) days prior written notice of
such adjustment unless specifically excluded otherwise in writing.
6. A Maintenance Agreement may be terminated: (i) by either party upon the anniversary date hereof; provided however,
that written notice of such termination must be given to the non-terminating party at least thirty (30) days prior to the
anniversary date; (ii) by Daikin Applied upon five (5) days prior written notice to Customer, in the event that any sums or
monies due or payable pursuant to this Agreement are not paid when due or in the event that additions, alterations,
repairs or adjustments are made to the system or equipment without Daikin Applied’s prior approval; (iii) by either party,
in the event that the other party commits any other material breach of this Agreement and such breach remains uncured
for ten (10) business days, after written notice thereof. If a Maintenance Agreement is terminated for any reason, other
than a material breach by Daikin Applied, Customer shall pay, in addition to all sums currently due and owing, the entire
remaining balance due for the term of the Maintenance Agreement, or an amount equal to time and materials expended
for the year, whichever is less. Notices required hereunder shall be sent via Certified U.S. Mail, Return Receipt Requested
and provided that such notice is postmarked by the required date, such notice shall be deemed properly given.
7. Unless Customer provides appropriate documentation of tax exemption, Customer shall pay Daikin Applied, in addition to
the contract price, the amount of all excise, sales, use, privilege, occupation or other similar taxes imposed by the United
States Government or any other National, State or Local Government, which Daikin Applied is required to pay in
connection with the services or materials furnished hereunder. Customer shall promptly pay invoices within 30 days of
receipt. Should payment become more than 30 days delinquent, Daikin Applied may stop all work under this Agreement
or terminate this Agreement as provided in the next paragraph.
8. Any and all costs, fees and expenses arising from or incurred in anticipation of any federal, state, county, local or
administrative statute, law, rule, regulation or ordinance (collectively “Governmental Regulations”) directly or indirectly
requiring that refrigerant other than the type of refrigerant currently being utilized in connection with the equipment
subject to this Agreement be used, shall be borne solely by Customer. In this regard, Daikin Applied shall not be required
to bear any expense in connection with the modification, removal, replacement or disposal of any refrigerant in response
to any Governmental Regulation designed to reduce or eliminate the alleged environmental hazards associated with the
refrigerant.
9. The contract price stated herein is predicated on the fact that all work will be done during regular working hours of regular
working days unless otherwise specified. If for any reason Customer requests that work be performed other than during
regular working hours or outside the scope of services specified hereunder, Customer agrees to pay Daikin Applied any
additional charges arising from such additional services, including but not limited to premium pay, special freight or other
fees or costs associated therewith.
10. Customer shall be responsible for all costs, expenses, damages, fines, penalties, claims and liabilities associated with or
incurred in connection with any hazardous materials or substances, including but not limited to asbestos, upon, beneath,
about or inside Customer’s equipment or property. Title to, ownership of, and legal responsibility and liability for any and
all such hazardous materials or substances, shall at all times remain with Customer. Customer shall be responsible for the
removal, handling and disposal of all hazardous materials and substances in accordance with all applicable Governmental
Regulations. Customer shall defend, indemnify, reimburse and hold harmless Daikin Applied and its officers, directors,
agents, and employees from and against any and all claims, damages, costs, expenses, liabilities, actions, suits, fines and
penalties (including without limitation, attorneys’ fees and expenses) suffered or incurred by any such indemnified parties,
based upon, arising out of or in any way relating to exposure to, handling of, or fees and expenses) suffered or incurred by
any such indemnified parties, based upon, arising out of or in any way relating to exposure to, handling of, or disposal of
any hazardous materials or substances, including but not limited to asbestos, in connection with the services performed
hereunder. Daikin Applied shall have the right to suspend its work at no penalty to Daikin Applied until such products or
materials and the resultant hazards are removed. The time for completion of the work shall be extended to the extent
caused by the suspension and the contract price equitably adjusted. Daikin Applied reserves the right to engage others in a
subcontractor status to perform the work hereunder.
11. Customer agrees to provide Daikin Applied personnel with the usual required utilities (water, electricity, compressed air,
etc.) and special tools and equipment normally used for such services unless restricted specifically in the quote. Customer
agrees to ensure that sufficient service access space is provided. Daikin Applied shall not be held liable for failure or
damage to any equipment caused by power interruptions, single phasing, phase reversal, low voltage, or other deficiencies
beyond the control of Daikin Applied.
12. This agreement does not include responsibility for design of the system (unless specifically included), obsolescence,
electrical power failures, low voltage, burned-out main or branch fuses, low water pressure, vandalism, misuse or abuse of
the system(s) by others (including the Customer), negligence of the system by others (including the Customer), failure of
the Customer to properly operate the system(s), or other causes beyond the control of Daikin Applied.
13. In the event that Daikin Applied is required to make any repairs and/or replacements or emergency calls occasioned by the
improper operation of the equipment covered hereby, or any cause beyond Daikin Applied’s control, Customer shall pay
Daikin Applied for the charges incurred in making such repairs and/or replacements or emergency calls in accordance with
the current established Daikin Applied rates for performing such services.
14. Daikin Applied shall not in any event be liable for failure to perform or for delay in performance due to fire, flood, strike or
other labor difficulty, act of God, act of any Governmental Authority or of Customer, riot, war, embargo, fuel or energy
shortage, wrecks or delay in transportation, inability to obtain necessary labor, materials, or equipment from usual
sources, or due to any cause beyond its reasonable control. In the event of delay in performance due to any such cause,
the date of delivery or time of completion will be extended by a period of time reasonably necessary to overcome the
effect of such delay. If the materials or equipment included in this Proposal become temporarily or permanently
unavailable for reasons beyond the control of Daikin Applied, Daikin Applied shall be excused from furnishing said
materials or equipment and be reimbursed for the difference between cost of materials or equipment unavailable and the
cost of an available reasonable substitute.
15. Daikin Applied shall not in any event be liable to the Customer or to third parties for any incidental, consequential, indirect
or special damages, including but not limited to, loss of production, loss of use or loss of profits or revenue arising from
any cause whatsoever including, but not limited to any delay, act, error or omission of Daikin Applied. In no event will
Daikin Applied’s liability for direct or compensatory damages exceed the payment received by Daikin Applied from
customer under the instant agreement.
16. Daikin Applied extends the manufacturer’s warranties on all parts and materials and warrants labor to meet industry
standards for a period of thirty (30) days from the date performed, unless a longer duration is expressly stated elsewhere
in this Agreement. Daikin Applied expressly limits its warranty on Customer’s Equipment to cover only that portion of
Equipment which had specific Services done by Daikin Applied. These warranties do not extend to any Equipment or
service which has been repaired by others, abused, altered, or misused, or which has not been properly maintained.
THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THOSE OF MERCHANTABILITY AND FITNESS FOR SPECIFIC PURPOSE, WHICH ARE HEREBY SPECIFICALLY DISCLAIMED.
17. Each of us agrees that we are responsible for any injury, loss, or damage caused by any negligence or deliberate
misconduct of our employees or employees of our subcontractors. If any of our employees or those of our subcontractors,
cause any injury, loss or damage in connection with performing their duties under this agreement, the responsible party
will pay for all costs, damages, and expenses, which arise. Each of us agrees to defend and hold harmless the other party,
its officers, directors and employees, from and against all claims, damages, losses and expenses, including but not limited
to attorney’s fees and court costs, arising out of or resulting from the performance of work hereunder, to the extent that
such claim, damage, loss, or expense is caused by an active or passive act or omission of the indemnifying party or anyone
directly or indirectly employed by that party, or anyone for whose acts that party may be liable.
18. This Agreement shall be binding upon and inure to the benefit of each party’s respective successors, assigns and affiliates.
This Agreement is governed by and construed in accordance with the laws of the State of Minnesota.
Terms & Conditions – Contractor Agreement
This CONTRACTOR AGREEMENT (“Agreement”), effective this (Effective Date) (“Effective Date”), is
made and entered into by and between (Customer/Owner Name) (hereinafter “Owner”) and Daikin
Applied Americas Inc. (hereinafter “Contractor”).
WHEREAS, Contractor is in the business of providing equipment, labor and/or material, which may
involve subcontracting a third party (“Subcontractors”) to provide labor and material, to perform the scope
of work described in this proposal (Proposal Number) hereto (“Work”), and,
WHEREAS, Contractor has offered to perform the Work for Owner with respect to the property
located at the (Customer/Owner Name), City of (Project City), State of (Project State) (hereinafter
“Property”);
WHEREAS, Owner desires to retain Contractor to perform the Work;
NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements of
the parties, it is agreed as follows:
1. Work. Subject to credit approval, Contractor agrees to furnish all labor, materials, tools, equipment,
and samples necessary to complete the Work. Contractor acknowledges that in providing such Work,
it shall at all times comply with all laws and regulations affecting, Contractor. Owner agrees that
Contractor may retain one or more subcontractors (“Subcontractors”) to perform the Work through a
Subcontract Agreement.
2. Term of Agreement. Contractor will commence Work on the commencement date (“Commencement
Date”). Owner will notify Contractor of the Commencement Date in writing by issuing a Notice to
Proceed. The Notice to Proceed shall be issued at least fourteen (14) days before the
Commencement Date. Upon substantially completing the Work, Contractor shall present a
Certificate of Substantial Completion to Owner.
3. Contract Price. For full performance of the Work in conformance with this Agreement, Owner shall
pay the Contractor the fixed sum specified in this proposal (Proposal Number) hereto (“Contract
Price”), subject to adjustment per mutual agreement of the parties should the scope of Work changes.
The Contract Price does not include sales tax.
4. Change Orders. Owner may issue deductive change orders in writing. Once the Contract Price is
adjusted per mutual agreement of the parties, Contractor will comply with them as soon as feasible.
Owner may issue proposed additive change orders, and within twenty (20) calendar days thereafter,
Contractor will submit a price for the change, supported by a detailed written estimate. Owner and
Contractor will then negotiate the price of the change. If the parties reach an agreement, the adjusted
and new Contract Price will be incorporated in a written Change Order signed by both parties. If the
parties do not reach agreement as to the price of the change, Owner may order Contractor to
proceed with the change, and Contractor will promptly do so, so long as the additive change order is
not more than three (3) percent of the Contract Price.
5. Relationship of Parties. Contractor is retained by Owner only for the purpose and to the extent set
forth in this Contractor Agreement. Contractor's relationship with Owner shall, during the entire term
of this Contractor Agreement, be that of an independent contractor. Contractor, and any employee,
agent, servant, officer, director or shareholder of Contractor, shall not be deemed an agent, servant,
or employee of Owner.
6. Service/Maintenance- If Applicable. In the event Owner, in addition to the services specified above,
adds a Service/Maintenance Agreement to the Scope of Services, the following terms shall apply:
6.1. Any and all costs, fees and expenses arising from or incurred in anticipation of any federal, state,
county, local or administrative statute, law, rule, regulation or ordinance (collectively
“Governmental Regulations”) directly or indirectly requiring that refrigerant other than the type of
refrigerant currently being utilized in connection with the equipment subject to this Agreement be
used, shall be borne solely by Owner. In this regard, Contractor shall not be required to bear
any expense in connection with the modification, removal, replacement or disposal of any
refrigerant in response to any Governmental Regulation designed to reduce or eliminate the
alleged environmental hazards associated with the refrigerant.
6.2. The Contract Price stated herein is predicated on the fact that all Work will be done during
regular working hours of regular working days unless otherwise specified. If for any reason,
Owner requests that Work be performed other than during regular working hours or outside the
scope of Work specified hereunder, Owner agrees to pay Contractor any additional charges
arising from such additional Work, including but not limited to premium pay, special freight or
other fees or costs associated therewith.
6.3. Owner agrees to provide Contractor personnel with the usual required utilities (water, electricity,
compressed air, etc.) and special tools and equipment normally used for the Work unless
restricted specifically in the quote. Owner agrees to ensure that sufficient service access space
is provided. Contractor shall not be held liable for failure or damage to any equipment caused by
power interruptions, single phasing, phase reversal, low voltage, or other deficiencies beyond
the control of Contractor.
6.4. This Agreement does not include responsibility for design of the system (unless specifically
included), obsolescence, electrical power failures, low voltage, burned-out main or branch fuses,
low water pressure, vandalism, misuse or abuse of the system(s) by others (including the
Owner), negligence of the system by others (including the Owner), failure of the Owner to
properly operate the system(s), or other causes beyond the control of Contractor.
6.5. In the event that Contractor is required to make any repairs and/or replacements or emergency
calls occasioned by the improper operation of the equipment covered hereby, or any cause
beyond Contractor’s control, Owner shall pay Contractor for the charges incurred in making such
repairs and/or replacements or emergency calls in accordance with the current established
Contractor rates for performing such services.
6.6. Any Maintenance Agreement price is subject to adjustment once each calendar year, effective
on the anniversary date, for changes in labor, subcontractor and material costs. Owner shall
receive forty-five (45) days prior written notice of such adjustment unless specifically excluded
otherwise in writing.
6.7. In the event that Contractor determines, during the first thirty (30) days of any Maintenance
Agreement or upon seasonal start-up (discovery period) that any of Owner’s equipment, not sold
by Contractor under this Agreement, but covered under the Service/Maintenance Agreement, is
in need of repair and/or replacement, Contractor shall inform Owner of the equipment condition
and remedy. Contractor shall not be responsible for the present or future repair and/or
replacement or operability of any specific equipment; until such time as the equipment is brought
up to an acceptable condition or the Owner removes the unacceptable system(s), component(s),
or part(s) from this Agreement.
7. Compliance with Laws. Contractor and Owner agree that:
7.1. Contractor accepts sole liability for compliance with all governmental regulations related to
Contractor's employees and their employment, including without limitation to such items as
workers' compensation insurance coverage, unemployment insurance, social security tax
withholdings (FICA), withholding for any and all governmental taxes, OSHA requirements,
ERISA requirements, Fair Labor Standard Act (FLSA) requirements, the Immigration and Control
Act of 1986 (IRCA), work safety rules, as such laws and regulations may apply to Contractor's
employees in relation to Work at the Property.
7.2. All employees of Contractor assigned to the Property will have their identity and eligibility for
work within the United States of America properly verified. Within five (5) days of receipt of a
written request from Owner, Contractor shall provide Owner with copies of the I-9 form or such
other documentation as may be appropriate or required to satisfy Owner as to Contractor's
compliance with IRCA.
7.3. Contractor shall comply with all applicable governmental regulations and laws in the hiring,
supervision, and termination of employees.
7.4. Contractor shall provide equal employment opportunities to all qualified individuals without
regard to race, color, national origin, religion, sex, age, or disability. Contractor will comply with
the equal employment opportunity policies of Owner and with all equal employment opportunity
requirements adopted by any governmental authority including the Civil Rights Act of 1964,
Executive Orders 11246, 11375 and 11478, and any state fair employment practices act.
Contractor will likewise require its subcontractors to comply with all equal employment
opportunity requirements.
8. License and Permits. At Contractor's sole expense, Contractor will obtain and maintain, or require its
subcontractors to obtain and maintain, any applicable licenses and/or permits as required by
applicable laws and regulations in providing the Work.
9. Insurance. At all times while performing the Work, Contractor shall maintain, at its sole cost and
expense, the insurance as set forth in Contractor’s sample certificate of insurance, attached hereto as
Exhibit B.
10. Indemnification. The parties’ obligation to defend and indemnify is as follows under this Agreement:
10.1. Upon prompt receipt of written notice from Owner, Contractor shall defend, indemnify,
and hold harmless Owner, and Owner's officers, directors, employees, and agents, from and
against those damages, liabilities, claims, and causes of action, for property damage, personal
injury or death (including without limitation injury to or death of Owner’s employees or any
subcontractor thereof) (jointly referred to as “Claims”), directly caused by Contractor's
negligence, gross negligence, or willful misconduct during the performance of the Work, but only
to the extent that the Claims stated above were not caused in any way by the actions of any
Subcontractor. Subcontractors, pursuant to the Subcontract Agreement with Contractor, hold
their own indemnification obligations toward the Owner.
Notwithstanding Contractor’s indemnification obligations under this Agreement, these shall not
extend to Claims caused by any act or omission by any architect, engineer, consultant, or project
manager retained to perform work in connection with the Property. Architects, engineers,
consultants, and project managers shall be required to defend, indemnify or hold harmless Owner
pursuant to any agreement for the referenced services.
10.2. Upon receipt of prompt written notice from Contractor, Owner shall defend, indemnify,
and hold harmless Contractor and its respective officers, directors, employees, and agents, from
those damages, liabilities, claims, demands, and causes of action, for property damage,
personal injury or death (including without limitation injury to or death of Contractor’s employees
or any subcontractor thereof) directly caused by a violation of any laws pertaining to Owner’s
business or any negligence, gross negligence or willful misconduct by Owner during Contractor’s
performance of the Work.
11. Default.
11.1. A default occurs under the terms of this Agreement if: (a) Contractor substantially fails to
perform any of its material obligations under this Agreement; (b) if Owner becomes insolvent,
and/or; (c) if Owner fails to tender payment to Contractor under this Agreement for thirty (30)
days after the date such payment is due (together “Event of Default”).
11.2. Upon the occurrence of an Event of Default, the non-breaching party shall provide written
notice to the breaching party (“Notice of Default”). Upon receipt of the Notice of Default, the
breaching party shall immediately correct the default. If the breaching party fails to correct the
default for thirty (30) days after receipt of the Notice of Default, or fails to provide evidence that
appropriate corrective action is in reasonable process, the non-breaching party may terminate
this Agreement upon written notice (“Notice of Termination”). The parties shall have any legal
remedies at their disposition, as allowed by local law.
12. Termination. Absent an uncured Event of Default, this Agreement may only be terminated only by the
consent of the parties.
12.1. The termination shall be evidenced by: (a) execution of a single writing; (b) signed by
Contractor and Owner; (c) that specifically identifies this Agreement, and (d) states that Owner
and Contractor terminate this Agreement as of a specified date (“Termination Agreement”).
12.2. Prior to execution of the Termination Agreement, Contractor shall present Owner with an
Application for Payment for actual Work rendered under this Agreement as of the date the
parties intend to execute the Termination Agreement, and Owner shall pay Contractor the
amount requested in the Application Payment contemporaneously with the parties execution of
the Termination Agreement.
12.3. If applicable, a Maintenance Agreement may be terminated: (i) by either party upon the
anniversary date hereof; provided however, that written notice of such termination must be given
to the non-terminating party at least thirty (30) days prior to the anniversary date; or (ii) by
Contractor upon five (5) days prior written notice to Owner, in the event that any sums or monies
due or payable pursuant to this Agreement are not paid when due or in the event that additions,
alterations, repairs or adjustments are made to the system or equipment without Contractor’s
prior approval. If a Maintenance Agreement is terminated for any reason, other than a material
breach by Contractor, Owner shall pay, in addition to all sums currently due and owing, the
entire remaining balance due for the term of the Maintenance Agreement, or an amount equal to
time and materials expended for the year, whichever is less.
13. LIMITATION OF LIABILITY: NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY,
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY
CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, LIQUIDATED, SPECIAL, OR
INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, REVENUE, PROFITS,
GOODWILL, OR OTHER BUSINESS INTERRUPTION DAMAGES, THAT ARISE OUT OF OR
RELATED IN ANY WAY TO THEIR PERFORMANCE OR LACK OF PERFORMANCE UNDER THIS
AGREEMENT, WHETHER BASED ON STATUTE, TORT, CONTRACT, NEGLIGENCE, STRICT
LIABILITY, OR ANY OTHER CLAIM OR THEORY OF RECOVERY OR LIABILITY WHATSOEVER,
REGARDLESS OF WHETHER THESE DAMAGES COULD HAVE BEEN FORESEEN OR NOT.
14. Workmanship Warranty. As for Work Contractor performs, Contractor agrees to perform said Work in
a professional and workmanlike manner, and in accordance with industry standards for the operation,
appearance, and public perception established by those engaged in a business similar to that of
Contractor. As for Work Subcontractors perform, or agree to perform, the Subcontractor Agreements
will contain warranties that Subcontractors will perform the Work in a professional and workmanlike
manner, and in accordance with industry standards for the operation, appearance, and public
perception established by those engaged in a business similar to that of the Subcontractor.
15. Equipment Warranty. All equipment furnished hereunder is provided with the manufacturer’s
warranty as the exclusive warranty for such equipment. Contractor provides such warranty as a
pass-through to Owner. The manufacturer’s warranty for McQuay and/or Daikin brand equipment is
attached hereto and incorporated herein by this reference.
16. Asbestos and Hazardous Materials. In the event Contractor encounters asbestos, lead and/or other
hazardous materials, Contractor will stop work and notify Owner. Owner shall remediate any
asbestos, lead or other hazardous materials at Owner’s expense. Owner shall be responsible for all
costs, expenses, damages, fines, penalties, claims and liabilities associated with or incurred in
connection with any hazardous materials or substances, including but not limited to asbestos, upon,
beneath, about or inside Owner’s equipment or property. Title to, ownership of, and legal
responsibility and liability for any and all such hazardous materials or substances, shall at all times
remain with Owner. Owner shall be responsible for the removal, handling and disposal of all
hazardous materials and substances in accordance with all applicable Governmental Regulations.
Owner shall defend, indemnify, reimburse and hold harmless Contractor and its officers, directors,
agents, and employees from and against any and all claims, damages, costs, expenses, liabilities,
actions, suits, fines and penalties (including without limitation, attorneys’ fees and expenses) suffered
or incurred by any such indemnified parties, based upon, arising out of or in any way relating to
exposure to, handling of, or fees and expenses) suffered or incurred by any such indemnified parties,
based upon, arising out of or in any way relating to exposure to, handling of, or disposal of any
hazardous materials or substances, including but not limited to asbestos, in connection with the
services performed hereunder. Contractor shall have the right to suspend its work at no penalty to
Contractor until such products or materials and the resultant hazards are removed. The time for
completion of the work shall be extended to the extent caused by the suspension and the contract
price equitably adjusted. Contractor reserves the right to engage others in a subcontractor status to
perform the work hereunder.
17. Confidentiality. Owner agrees to keep confidential and use its best efforts to cause any sales
representative and employees to keep confidential all trade secrets, proprietary, and confidential
information (hereinafter “Confidential Information”) related to Daikin Applied and safeguard all
Confidential Information from disclosure or use by any person directly or indirectly under Owner’s
control. Confidential Information does not include (i) information which is in the public domain other
than through a breach of this clause and (ii) information which was received by Owner independently
of Daikin Applied. Neither expiration nor termination of this Agreement for any reason shall release
Owner from the obligations of this Section.
18. Assignment and Delegation. Owner may assign this Agreement to Owner's nominee, only with
Contractor's prior written consent.
19. Notices. Any information or notices required to be given under this Agreement shall be in writing and
shall be delivered either by (a) certified mail, return receipt requested, in which case notice shall be
deemed delivered three (3) business days after deposit, postage prepaid, in the U.S. mail; (b) a
reputable messenger service or a nationally recognized overnight courier, in which case notice shall
be deemed delivered one (1) business day after deposit with such messenger or courier; or (c)
personal delivery with receipt acknowledged in writing, in which case notice shall be deemed
delivered when received. All notices shall be addressed as follows:
If to Contractor: Daikin Applied Americas Inc.
Attn: Legal Department
13600 Industrial Park Blvd.
Plymouth, MN 55340
Attn: Legal Dept.
If to Owner: (Customer/Owner Name)
(Customer Address 1)
(Customer Address 2)
The foregoing addresses may be changed from time to time by notice to the other party in the manner
hereinbefore provided for.
20. No Waiver. Failure of Owner at any time to require performance by Contractor of any provision
hereof shall in no way affect the full right to require such performance at any time thereafter, nor shall
the waiver by Owner of a breach of any of the provisions hereof constitute a waiver of any succeeding
breach of the same or any other provision.
21. Severability. If any provision hereof is deemed to be invalid or unenforceable under applicable law,
this Agreement shall be considered divisible as to such provision and the same shall thereafter be
inoperative, provided however, the remaining provisions of this Agreement shall be valid and binding.
22. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of
the State of Minnesota (other than its rules as to conflicts of law which might require application of
laws of another jurisdiction).
23. Miscellaneous.
23.1. No Liens. Contractor shall neither suffer nor permit the attachment of any liens upon the
Property as a direct result of Contractor's performance of the Work; provided, however, nothing
herein shall be construed to limit or abridge Contractor's or Subcontractor's right to assert and
enforce a mechanic's lien to the extent of nonpayment hereunder.
23.2. Force Majeure. Any delay or failure by either party hereto in the performance of its
obligations hereunder, other than the obligation to pay, shall not constitute a default hereunder
or give rise to any claim for damages if, and only to the extent and for such period of time that, (i)
such delay or failure is caused by an event or occurrence beyond the control and without the
fault or negligence of such party or any Subcontractor, materialman, or other party acting under
or through such party, and (ii) said party is unable to prevent such delay or failure through the
exercise of reasonable diligence. Events that shall be deemed to be beyond the control of the
parties hereto shall include, but not be limited to: acts of God or the public enemy; expropriation
or confiscation of facilities by governmental or military authorities; changes in applicable laws;
war, rebellion, sabotage or riots; floods, unusually severe weather that could not reasonably
have been anticipated; fires, explosions, or other catastrophes; or other similar occurrences.
23.3. Modifications. No modifications or alterations shall be made to this Agreement unless
reduced in writing and signed by Contractor and Owner.
23.4. Entire Agreement. This Agreement constitutes the entire agreement between the parties
with respect to the Work and supersedes all prior negotiations, representations or agreements
relating thereto either written or oral, except to the extent that they are expressly incorporated
herein. Owner agrees that this Agreement is made solely on the terms and conditions hereof,
notwithstanding any additional or conflicting conditions that may be contained in any purchase
order or other form of Owner, all of which additional or conflicting terms and conditions are
hereby rejected by Contractor. Further, Owner acknowledges and agrees that any other terms
such as those which may be included in future purchase order issued by Owner in accordance
with this Agreement, will only establish payment authority for Owner’s internal accounting
purposes. Any such purchase order will not be considered by Contractor to be a counteroffer,
amendment, modification, or other revision to the terms of this Agreement. No waiver, alteration
or modification of the terms and conditions herein shall be valid unless made in writing and
signed by an authorized representative of Contractor.
IN WITNESS WHEREOF, the parties have executed this Agreement on the Effective Date, the corporate
parties by their officers duly authorized.
CONTRACTOR OWNER
Daikin Applied Americas Inc. dba (Customer/Owner Name)
Daikin Applied
By: By:
Its: ____________________________________ Its: ____________________________________
Dated: __________________________________ Dated: __________________________________
License No. ______________________________
To: All Daikin Applied Preferred Customers
Subject: Prepay Discounts
Dear Preferred Customer,
We are happy to offer a very attractive Prepay Discount Option to our preferred customers. Prepay
discounts are an excellent opportunity for your company to increase it’s bottom line by reducing the
costs of your HVAC purchases. (see discount schedule below)
.
Anticipated Discount Schedule as of 6/1/2018
Prepay
Lead Time Discount Lead Time Prepay Discount
* Time of shipment 0.5%
2 weeks 0.6% 14 weeks 1.3%
4 weeks 0.7% 15 weeks 1.4%
5 weeks 0.8% 16 weeks 1.4%
6 weeks 0.8% 17 weeks 1.5%
7 weeks 0.9% 18 weeks 1.5%
8 weeks 1.0% 19 weeks 1.6%
9 weeks 1.0% 20 weeks 1.7%
10 weeks 1.1% 21 weeks 1.7%
11 weeks 1.1% 22 weeks 1.8%
12 weeks 1.2% 23 weeks 1.8%
13 weeks 1.3% 24 weeks 1.9%
Discounts calculated at the rate of 3% per annum plus 1/2 of 1% for payment at time of shipment.
Discounts allowed only for jobs that are prepaid 100%.
Maximum allowable anticipated discount is 3%.
* If prepay is not an option for this purchase, don’t forget about our .5% discount at time of shipment.
Our terms are payment at time of shipment but we will allow our preferred customers up to ten days
from ship date for Daikin Applied to receive the check and up to 15 days from ship date for our
Canadian customers. In most cases this will allow you to see the goods before cutting the check.
Discount rates shown are subject to change without notice.
All in all, you have two great options to significantly increase your bottom line. Please contact your
Daikin Applied Sales Representative or your Daikin Applied Financial Service Representative for
more information regarding these discount options.
Sincerely,
Patrick Middleton
Sr. Director of Financial Services
Daikin Applied
Daikin Applied
World Headquarters
13600 Industrial Park Boulevard
Minneapolis, MN 55441
763-553-5330