The Water District has two major criteria by which it handles purchases and contracts. These criteria are based on Nevada law.

NRS Chapter 332 Goods and Services Purchases

• $50,000 or less: Purchases of $50,000 or less require a single quote. The Purchasing Division may acquire additional quotes.
• $50,001 to $100,000: Services and products that range from $50,000 to $100,000 require two or more informal quotes from parties capable of performing the contract.
• $100,001-$500,000: Purchases that require formal bidding and are awarded by the General Manager or his designee.
• $500,001 or more: Purchases require formal bidding and are awarded by the Board of Directors.

NRS Chapter 338 Construction Project Purchases

• $25,000 or less: Very small construction projects requiring a minimum of one quote. The Purchasing Division may acquire additional quotes.
• $25,001 to $100,000: Small construction projects requiring a minimum of three quotes.
• $100,001 to $1,000,000: Large construction projects requiring a formal advertised and sealed bid process and stipulating a prevailing wage requirement. These bids are awarded by the General Manager or his designee.
• $1,000,001 or more: Jumbo construction projects requiring a formal advertising and sealed bid process and stipulating a prevailing wage requirement. These bids are awarded by the Board of Directors.

Note: Bids and quotes are awarded to the lowest responsive and responsible bidder. Purchasing opportunities are available at the Nevada Gov eMarketplace.

There are typically four types of bonds that are required for construction contracts and some purchases:

• Bid bond
• Performance bond
• Labor and material bond
• Guarantee bond

Commercial general liability, automobile insurance, and cybersecurity insurance are required for most construction contracts and larger goods and services contracts.

The following are types of contracts that require bonds and insurance:

• Construction contracts more than $100,000 require all four types of bonds as well as insurance
• Performance bonds may be required for service contracts
• Insurance may be required on some commodity contracts and for professional service contracts
• Bid bonds and performance bonds are rarely required on commodity contracts

Yes. The Water District is a quasi-municipal corporation of the State of Nevada and our purchasing and contracting activities are governed by Nevada law (the Nevada Revised Statutes). The Water District is exempt from Nevada sales tax and federal excise tax for the procurement of goods.

The Water District pays invoices within 30 days of receipt of the invoice or delivery of the products or services, whichever is later. Special arrangements can be made for earlier payment.

Yes. Suppliers are encouraged to enroll in direct deposit (ACH) for faster payment. To enroll, fill out the Accounts Payable Direct Deposit Form and fax it to 702-258-7153. Your completion of the enrollment forms signifies your acceptance of the terms and conditions.

Yes, our Supplier Diversity Program encourages the participation of small, minority, women-owned and disadvantaged businesses in our organization's purchasing and contracting activities. Like other suppliers, diverse suppliers must compete in the same bidding processes and deliver quality goods and services.

Yes, the Water District supports and promotes the Environmental Protection Agency's Environmentally Preferable Purchasing Program. This program encourages and assists agencies to purchase environment-friendly products or services—those having a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose.

• 1. Applicability. These terms and conditions (Terms) of purchase are the only terms which govern the purchase of goods and services by the Las Vegas Valley Water District or Southern Nevada Water Authority (each may be Owner) from the Supplier. The purchase order and these Terms comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. These Terms prevail over any of Supplier's general terms and conditions of sale or invoice terms regardless of whether or when Supplier submitted its sales confirmation, terms of sale or invoice terms. This Agreement expressly limits Owner's acceptance to these Terms. Fulfillment of this Purchase Order constitutes Supplier’s acceptance of these Terms. If a written contract signed by both parties is in existence covering the sale of the goods or services, the terms and conditions of the contract shall prevail to the extent they are inconsistent with these Terms.
• 2.a Delivery of Goods. Supplier shall deliver the goods in the quantities and on the dates specified in the Purchase Order or as otherwise agreed in writing by the parties. If no delivery date is specified, Supplier shall deliver the goods within 7 days of Supplier's receipt of the Purchase Order. If Supplier fails to deliver the goods in full on the delivery date, Owner may terminate this agreement immediately by providing written notice to Supplier and Supplier shall indemnify Owner against any losses, claims, damages, and reasonable costs and expenses directly attributable to Supplier's failure to deliver the goods on the delivery date. Supplier shall deliver all goods to the address specified in the Purchase Order during Owner’s normal business hours or as otherwise instructed by Owner. Supplier shall pack all goods for shipment according to Owner instructions or, if there are no instructions, in a manner sufficient to ensure that the goods are delivered in undamaged condition. Supplier acknowledges that time is of the essence with respect to Supplier's obligations to timely and correctly deliver the goods.
• 2.b Delivery of Services. Supplier shall perform the services on the dates specified in the Purchase Order or as otherwise agreed in writing by the parties. If no performance date is specified, Supplier shall perform the services within 7 days of Supplier’s receipt of the Purchase Order. If Supplier fails to perform the services in full on the performance date, Owner may terminate this agreement immediately by providing written notice to Supplier and Supplier shall indemnify Owner against any losses, claims, damages, and reasonable costs and expenses directly attributable to Supplier’s failure to perform the services on the specified date or within the specified time frame. Supplier shall perform the services specified in the Purchase Order during Owner’s normal business hours or as otherwise instructed by Owner. Supplier shall ensure that any material or equipment provided with services are delivered in undamaged condition. Supplier acknowledges that time is of the essence with respect to Supplier’s obligations to timely and correctly deliver the services.
• 3. Quantity. If Supplier delivers more or less than the quantity of goods ordered, Owner may reject all or any excess goods. Any such rejected goods shall be returned to Supplier at Supplier's sole risk and expense. If Owner does not reject the goods and instead accepts the delivery of goods at the increased or reduced quantity, the price for the goods shall be adjusted on a pro-rata basis.
• 4. Shipping Terms. Delivery shall be made Free on Board (FOB) Destination. The Purchase Order number must appear on all shipping documents, shipping labels, invoices, correspondence and any other documents pertaining to the Purchase Order. Title and risk of loss passes to Owner upon delivery of the goods at Owner’s specified delivery point.
• 5. Inspection and Rejection of Nonconforming Goods. Owner has the right to inspect the goods on or after the delivery date, and, at its sole option, may reject all or any portion of the goods if it determines the goods are nonconforming or defective. If Owner rejects any portion of the goods, Owner has the right, effective upon written notice to Supplier, to: (a) rescind this Agreement in its entirety; (b) accept the goods at a reasonably reduced price; or (c) reject the goods and require replacement of the rejected goods. If Owner requires replacement of the goods, Supplier shall, at its expense, promptly replace the nonconforming or defective goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement goods. If Supplier fails to timely deliver replacement goods, Owner may replace them with goods from a third party and charge Supplier the cost thereof and terminate this Agreement for cause pursuant to Section 12. Any inspection or other action by Owner under this Section shall not reduce or otherwise affect Supplier's obligations under the agreement, and Owner shall have the right to conduct further inspections after Supplier has carried out its remedial actions.
• 6. Price. The price of the goods or services is the price stated in the Purchase Order. Unless otherwise specified in the Purchase Order, the price includes all packaging, transportation costs to the delivery location, insurance, customs duties, tariffs, fees, and applicable taxes, including, but not limited to, all sales, use or excise taxes. No increase in the price is effective, whether due to increased material, labor or transportation costs or otherwise, without the prior written consent of Owner.
• 7. Payment Terms. Supplier shall issue an invoice to Owner on or any time after the completion of delivery and only in accordance with these Terms. Owner shall pay all properly invoiced amounts due to Supplier in accordance with the payment terms stated in the Purchase Order after Owner's receipt of such invoice, except for any amounts disputed by Owner in good faith. Without prejudice to any other right or remedy it may have, Owner reserves the right to set off at any time any amount owing to it by Supplier against any amount payable by Owner. In the event of a payment dispute, Owner shall deliver a written statement to Supplier no later than 10 days prior to the date payment is due on the disputed invoice listing all disputed items and providing a reasonably detailed description of each disputed item. Amounts not so disputed are deemed accepted and must be paid, notwithstanding disputes on other items, within the 10-day period. The parties shall seek to resolve all such disputes expeditiously and in good faith. Supplier shall continue performing its obligations under this agreement notwithstanding any such dispute.
• 8.a Warranties for Goods. Supplier warrants to Owner that for a period of 6 months from the delivery date, all goods will be free from any defects in workmanship, material and design; conform to applicable specifications; be fit for their intended purpose and operate as intended; be merchantable; be free and clear of all liens, security interests, or other encumbrances; and not infringe or misappropriate any third party's patent or other intellectual property rights. These warranties survive any delivery, inspection, acceptance, or payment of or for the goods by Owner. Any applicable statute of limitations runs from the date of Owner's discovery of the noncompliance of the goods with the foregoing warranties. If Owner gives Supplier notice of noncompliance pursuant to this Section, Supplier shall, at its own cost and expense, promptly (i) replace or repair the defective or nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective or nonconforming goods to Supplier and the delivery of repaired or replacement goods to Owner, and, if applicable, (ii) repair or re-perform the applicable Services.
• 8.b Warranties for Services. Supplier warrants to Owner that all services will be performed in a good and workmanlike manner and conform to generally recognized standards within the industry or the requirements of applicable federal, state or local law or the requirements of regulatory agencies.
• 9. General Indemnification. Supplier shall defend, indemnify and hold harmless Owner and its directors, officers, and employees against any and all loss, injury, death, damage, liability, claim, deficiency, action, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification and the cost of pursuing any insurance providers arising out of or occurring in connection with the goods or services purchased from Supplier or Supplier's negligence, willful misconduct, or breach of the Terms. Supplier shall not enter into any settlement pursuant to its indemnification obligations without Owner's prior written consent. 
• 10. Insurance. Any Supplier coming on Owner premises shall carry Commercial General Liability Insurance in the amount of no less than $1,000,000 per occurrence, $1,000,000 aggregate, Automobile Liability Insurance in the amount of no less than $1,000,000 single combined limit, and Workers’ Compensation coverage as required by Nevada law.
• 11. Compliance with Law. Supplier shall comply with all applicable federal, state, and local laws, regulations and ordinances. Supplier shall maintain in effect all the licenses, permissions, authorizations, consents and permits that it needs to carry out its obligations under this agreement.
• 12. Termination. In addition to any remedies that may be provided under these Terms, Owner may terminate this agreement with immediate effect upon written notice to the Supplier, either before or after the acceptance of the goods or performance of the services. Owner reserves the right to refuse acceptance of goods shipped after the effective date of the termination. If Owner terminates the agreement for any reason, Supplier's sole and exclusive remedy is payment for the goods received or services performed and accepted by Owner prior to the termination.
• 13. Waiver. No waiver by Owner of any of the provisions of this agreement is effective unless explicitly set forth in writing and signed by Owner. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this agreement operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
• 14. Audits. The performance of this agreement by Supplier is subject to review by Owner to ensure contract compliance at the discretion of Owner. Supplier agrees to provide Owner all information requested that relates to the performance of this agreement. All requests for information will be in writing to Supplier. Time is of the essence during the audit process. Failure to provide the information requested within the timeline provided in the written information request may be considered a material breach of contract and be cause for suspension and/or termination of this agreement.
• 15. Survival. Subject to the limitations and other provisions of these Terms, the obligations contained in (a) Paragraph 14 (Audits) of these Terms will survive the expiration or earlier termination of this agreement for a period of 12 months after such expiration or termination, and 9 (General Indemnification), 20 (Governing Law and Jurisdiction),as well as any other provision that, in order to give proper effect to its intent, should survive such expiration or termination, will survive the expiration or earlier termination of this agreement indefinitely.
• 16. Force Majeure
  • 16.1. A Force Majeure Event is defined as an act beyond the affected party’s reasonable control, including: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, with a direct impact on this agreement; (d) if site access is necessary to perform the Work under this agreement, site restrictions for elevated security risks; and (e) industry-wide strikes with a direct impact on this agreement. Supplier’s economic hardship and changes in market conditions are not considered Force Majeure Events.
  • 16.2. Both Owner and Supplier have evaluated the effects of COVID-19 on this agreement. Owner and Supplier expressly agree that COVID-19 and what is known about COVID-19 as of the execution of this agreement are not considered Force Majeure Events.
  • 16.3. Where Supplier is prevented from completing any part of the Work under the agreement due to a Force Majeure Event, Owner and Supplier shall agree to an extension of time in an amount equal to the time lost due to such delay, the agreed extension shall be the Supplier’s sole and exclusive remedy for such delay, and Supplier shall not be entitled to an increase in the sums due under agreement. Supplier shall provide a revised schedule for performance.
  • 16.4. The Party suffering a Force Majeure Event shall give notice within 5 days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized.
• 17. Assignment. Supplier shall not assign, transfer, delegate or subcontract any of its rights or obligations under this agreement without the prior written consent of Owner. Any purported assignment or delegation in violation of this Section shall be void. No assignment or delegation shall relieve the Supplier of any of its obligations.
• 18. Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
• 19. No Third-Party Beneficiaries. This agreement is for the sole benefit of the parties and is not, expressly or impliedly, intended to nor shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this agreement.
• 20. Governing Law and Jurisdiction. All matters arising out of or relating to this agreement are governed by and construed in accordance with the laws of the State of Nevada, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Nevada. Any legal suit, action, or proceeding arising out of or relating to this agreement shall be instituted in federal or state courts located in Clark County, Nevada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
• 21. Notices. All notices, requests, consents, claims, demands, waivers and other communications shall be in writing and addressed to the parties at the addresses set forth on the face of the Sales Confirmation or Purchase Order or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), certified or registered mail (in each case, return receipt requested, postage prepaid) or email. Except as otherwise provided in this agreement, a Notice is effective upon receipt of the receiving party.
• 22. Severability. If any term or provision of this agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
• 23. Amendment and Modification. These Terms may only be amended or modified in a writing stating specifically that it amends these Terms and is signed by an authorized representative of each party.
• 24. Conflict of Interest Representation. Supplier represents that Owner purchasing representative has been notified of any conflicts of interest that exist or may exist due to a financial or family relationship between Supplier or Supplier’s officers, employees, or agents and any of Owner’s full-time employees or appointed or elected officials. If Supplier is aware or becomes aware of such a relationship, Supplier will immediately notify Owner’s purchasing representative.
• 25. Companies that Boycott Israel. Supplier certifies that it is not engaged in and agrees for the duration of this agreement and any renewal terms, not to engage in, a boycott of Israel. Boycott of Israel means, refusing to deal or conduct business with, abstaining from dealing or conducting business with, terminating business or business activities with or performing any other action that is intended to limit commercial relations with Israel; or a person or entity doing business in Israel or in territories controlled by Israel, if such an action is taken in a manner that discriminates on the basis of nationality, national origin or religion. It does not include an action which is based on a bona fide business or economic reason; is taken pursuant to a boycott against a public entity of Israel if the boycott is applied in a nondiscriminatory manner; or is taken in compliance with or adherence to calls for a boycott of Israel if that action is authorized in 50 U.S.C. § 4607 or any other federal or state law.

The Las Vegas Valley Water District, Nevada (the "District") has engaged, is represented by and will rely on the advice of Hobbs Ong & Associates, Inc. and PFM Financial Advisors, LLC., independent registered municipal advisors, to advise it on the issuance of its municipal securities and municipal financial products (including investments of bond proceeds and escrow investments).

The District intends that this statement constitutes the "required representation" for purposes of the "represented by an independent registered municipal advisor" exemption set forth in SEC Rule 15Ba1-1(d)(3) (the "Rule"). The District understands that each of the above independent municipal advisors is a municipal advisor registered pursuant to Section 15B of the Securities Exchange Act of 1934, as amended, and the rules and regulations thereunder.

By publicly posting this written statement, the District intends that market participants receive and use it for purposes of the independent registered municipal advisor exemption in the Rule. This statement may not be used for any other purposes.

Proposals should be addressed to:

• Richard Snelding (richard.snelding{at}lvvwd.com) and Kevin Bethel (kevin.bethel{at}lvvwd.com at the Las Vegas Valley Water District;
• Thomas Toepfert (toepfertt{at}pfm.com) at PFM Financial Advisors, LLC;
• and Guy Hobbs(Guy{at}hobbsong.com) and Kathy Ong (Kathy{at}hobbsong.com) at Hobbs Ong & Associates, Inc.

This posting may be relied upon until July 1, 2024.

DATED July 1, 2023

LAS VEGAS VALLEY WATER DISTRICT, NEVADA