3266-Nevada Statewide Contract Terms.pdf

NEVADA STATEWIDE CONTRACT TERMS

Revised: February 2024 Page 1 of 3 Nevada Statewide Contract Terms

1. PARTICIPATION. The benefits of this contract shall be extended to the governmental entities in Nevada listed below. The State is not liable for the obligations of any non-executive branch government entity which joins or uses this or any contract resulting from this contract.

1.1. STATE EXECUTIVE BRANCH AGENCIES. All state “Using Agencies”, as defined by NRS 333.020(10), are authorized users of the contract in accordance with NRS 333.150.

1.2. LEGISLATIVE, AND JUDICIAL DEPARTMENTS AND CIVIL AIR PATROL. Any agency, bureau, commission or officer of the Legislative Department or the Judicial Department of the Nevada State Government or the Nevada Wing of the Civil Air Patrol or any squadron thereof are authorized users of this contract in accordance with NRS 333.469.

1.3. NEVADA SYSTEM OF HIGHER EDUCATION, LOCAL GOVERNMENTS AND DISTRICTS. The Nevada

System of Higher Education, local governments as defined in NRS 354.474, conservation districts and irrigation districts in the State of Nevada are authorized users of this contract in accordance with NRS 333.470.

2. ADMINISTRATIVE FEE

2.1. Contractor shall pay a quarterly administrative fee payable to “State of Nevada Purchasing Division.” Administrative fee is one percent (1%) and applies to all sales and other revenue, less merchant and interchange fees and adjusted for credits or refunds, by Contractor and any resellers, distributors, partners, or agents under the contract during a quarter, beginning the date of execution of this contract.

2.2. All administrative fee payments shall include the contract number on required documents. If submitting an administrative fee payment for more than one contract, a separate payment and associated documents shall be submitted by Contractor for each contract.

2.3. The State will not issue an invoice for administrative fee owed to the State. Contractor is responsible for payment of administrative fee with no prompting from the State. Contractor shall pay quarterly administrative fee within forty-five (45) calendar days of quarter end in accordance with Fee Payment and Report Schedule.

2.4. STATEWIDE CONTRACT QUARTERLY ADMINISTRATIVE FEE REPORT

2.4.1 Contractor shall complete and submit a Statewide Contract Quarterly Administrative Fee Report. The report shall identify payments received by Contractor from authorized entities made pursuant to the contract in the reporting period.

2.4.2 The template for required Statewide Contract Quarterly Administrative Fee Report is available on the Purchasing Division website http://purchasing.nv.gov/vendors/DBINV/. Reports must be submitted via email to NVQtlyReport@admin.nv.gov in accordance with Fee Payment and Report Schedule.

2.5. STATEWIDE CONTRACT QUARTERLY USAGE REPORT

2.5.1 Contractor shall complete and submit a Statewide Contract Quarterly Usage Report, to include at a minimum itemized data elements listed below.

2.5.2 The template for required Statewide Contract Quarterly Usage Report is available via a link on the Statewide

Contract Quarterly Administrative Fee Report which is available on the Purchasing Division website http://purchasing.nv.gov/vendors/DBINV/. Reports must be submitted via email to NVQtlyReport@admin.nv.gov in accordance with Fee Payment and Report Schedule.

2.5.3 Data Elements

A. Customer Name. Name of entity making the purchase—if customer has multiple locations, please use primary entity name.

B. Customer Type. Indicate type of entity making the purchase.

1. S=State Executive Branch Agency

2. E=University and Community College

3. P=Political Subdivision

4. O=Other Entity http://purchasing.nv.gov/vendors/DBINV/ mailto:NVQtlyReport@admin.nv.gov http://purchasing.nv.gov/vendors/DBINV/ mailto:NVQtlyReport@admin.nv.gov

Revised: February 2024 Page 2 of 3 Nevada Statewide Contract Terms

C. Authorization Number. Purchase Order Number provided by customer to authorize a purchase. If purchase was made with a credit card enter “P-Card.”

D. Purchase Description. Description of the product(s) or service(s) purchased.

E. Quantity. Quantities (excluding returns) of product(s) delivered—enter a quantity of one (1) for service(s).

F. Unit Price. Unit price charged (excluding credits) for product or service purchased.

G. Total Cost. Extended cost of purchase line—quantity delivered x unit price charged.

2.6. FEE PAYMENT AND REPORT SCHEDULE. Contractor shall pay administrative fee quarterly, if owed, and submit a Statewide Contract Quarterly Administrative Fee Report and Statewide Contract Quarterly Usage Report, even if no payments are made in a quarter, in accordance with the following schedule.

Period End .................................................................................................................................. Report Due September 30 ............................................................................................................................. November 14 December 31 ................................................................................................................................ February 14 March 31 ............................................................................................................................................. May 15 June 30 ............................................................................................................................................ August 14

2.7. REPORT MODIFICATIONS. The State reserves the right to modify requested format and contents of reports by providing thirty (30) calendar days written notice to Contractor. The State may unilaterally amend the contract, with

(30) calendar days written notice to Contractor, to change timing for submission of reports. Contractor understands and agrees that if such an amendment is issued by the State, Contractor shall comply with all contract terms, as amended.

2.8. TIMELY REPORTS AND FEES. If an administrative fee is not paid and quarterly reports are not received within forty-five (45) calendar days of quarter end, then Contractor will be in material breach of this contract.

3. ORDER OF PRECEDENCE. This contract shall be the primary document for all Orders. An Order, Quote, Service, Agreement, or Purchase Order can dictate an order of precedence, but cannot supersede this contract.

4. ORDERS. Any Order placed by a governmental entity for a Product and/or Service available from this contract shall be deemed to be a sale under (and governed by the prices and other terms and conditions) of the contract unless the parties to the Order agree in writing that another contract or agreement applies to such Order. The cooperative contract number and/or state contract number must appear on every Quote/Purchase Order placed under this contract.

5. REQUISITIONS. Orders for Nevada State executive branch agencies as defined in Participation will be processed by and through the Nevada Purchasing Division and a purchase order issued. Invoices and all correspondence related to an individual order will reflect the shipping address, billing address, and number on the purchase order issued by the State. Other entities as defined in Participation can purchase directly and be billed by vendor. Orders placed and paid via credit card do not require a PO.

6. SERVICES. All professional services, excluding warranty and break/fix support, requested by Nevada State executive branch agencies as defined in Participation will require the execution of a Service Agreement per NRS 333, NAC 333 and SAM 0300. Other entities as defined in Participation can purchase professional services directly and be billed by vendor. Pursuant to NRS 333.480(2), Services requiring a contractor’s license issued pursuant to chapter 624 of NRS are not authorized under this agreement.

7. SUBCONTRACTORS. All contractors, dealers, resellers, distributors, and partners as shown on the dedicated

Contractor cooperative contract website are approved to provide sales and service support to participants of this agreement. Contractor’s dealer participation will be in accordance with the terms and conditions set forth in the contract.

8. BUSINESS LICENSE. Pursuant to NRS 353.007 any contractor, dealer, reseller, distributor, partner, or person performing work under this agreement must hold a State business license pursuant to chapter 76 of NRS unless exempted pursuant to NRS 76.100(7)(b).

9. NEVADA LAW AND STATE INDEMNITY. Pursuant to NRS 333.339 any contract that is entered into may not:

(1) Require the filing of any action or the arbitration of any dispute that arises from the contract to be instituted or heard in another state or nation; or (2) Require the State to indemnify another party against liability for damages.

Revised: February 2024 Page 3 of 3 Nevada Statewide Contract Terms

10. GOVERNING LAW. This contract will be governed by the state laws of Nevada, without regard to conflicts of laws rules. Any litigation will be brought exclusively in a federal or state court located in Carson City, Nevada, and the Parties consent to the jurisdiction of the federal and state courts located therein, submit to the jurisdiction thereof and waive the right to change venue. The Parties further consent to the exercise of personal jurisdiction by any such court with respect to any such proceeding.

11. FEDERAL LAWS AND AUTHORITIES

11.1. CERTIFICATION. Any person who requests or receives a Federal contract, grant, loan, or cooperative agreement shall file with the using agency a certification that the person making the declaration has not made, and shall not make, any payment prohibited by subsection (a) of 31 U.S.C. 1352.

11.2. COMPLIANCE. Federal laws and authorities with which the awarded vendor shall be required to comply, as applicable, are listed here but are not meant to be exhaustive. Awarded vendors are responsible for an awareness of, and compliance with, State and federal laws and regulations.

11.2.1 Archeological and Historic Preservation Act of 1974, PL 93-291

11.2.2 Clean Air Act, 42 U.S.C. 7506(c)

11.2.3 Endangered Species Act 16 U.S.C. 1531, ET seq.

11.2.4 Executive Order 11593, Protection and Enhancement of the Cultural Environment

11.2.5 Executive Order 11988, Floodplain Management

11.2.6 Executive Order 11990, Protection of Wetlands

11.2.7 Farmland Protection Policy Act, 7 U.S.C. 4201 ET seq.

11.2.8 Fish and Wildlife Coordination Act, PL 85-624, as amended.

11.2.9 National Historic Preservation Act of 1966, PL 89-665, as amended.

11.2.10 Safe Drinking Water Act, Section 1424(e), PL 92-523, as amended.

11.2.11 Demonstration Cities and Metropolitan Development Act of 1966, PL 89-754, as amended.

11.2.12 Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants or Loans

11.2.13 Age Discrimination Act, PL 94-135

11.2.14 Civil Rights Act of 1964, PL 88-352

11.2.15 Section 13 of PL 92-500, Prohibition against sex discrimination under the Federal Water Pollution Control Act

11.2.16 Executive Order 11246, Equal Employment Opportunity

11.2.17 Executive Orders 11625 and 12138, Women’s and Minority Business Enterprise

11.2.18 Rehabilitation Act of 1973, PL 93, 112

11.2.19 Uniform Relocation and Real Property Acquisition Policies Act of 1970, PL 91-646

11.2.20 Executive Order 12549 – Debarment and Suspension

11.2.21 Davis-Bacon Act 40 U.S.C. 3141-3148

11.2.22 Contract Work Hours and Safety Standards Act 40 U.S.C. 3701-3708

11.2.23 Rights to Inventions Made Under a Contract or Agreement 37 CFR §401.2(a)

11.2.24 Byrd Anti-Lobbying Amendment 31 U.S.C. 1352

11.2.25 Americans With Disabilities Act of 1990, PL 101-336

11.2.26 Health Insurance Portability and Accountability Act of 1996, PL 104-191

11.2.27 Equal Pay Act of 1963, PL 88-38

11.2.28 Genetic Information Nondiscrimination Act, PL 110-233