Richmond City Council
May 3, 2022

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compliance requirements for companies involved in wireless infrastructure deployment.139 In addition to not adopting any reporting, recordkeeping or other compliance requirements, the Commission takes significant steps to reduce regulatory impediments to infrastructure deployment and, therefore, to spur the growth of personal wireless services. Under the Commission’s approach, small entities as well as large companies will be assured that their deployment requests will be acted upon within a reasonable period of time and, if their applications are not addressed within the established time frames, applicants may seek injunctive relief granting their siting applications. The Commission, therefore, has taken concrete steps to relieve companies of all sizes of uncertainly and has eliminated unnecessary delays.

46. The Third Report and Order also does not impose any reporting or recordkeeping requirements on state and local governments. While some commenters argue that additional shot clock classifications would make the siting process needlessly complex without any proven benefits, the Commission concludes that any additional administrative burden from increasing the number of Section 332 shot clocks from two to four is outweighed by the likely significant benefit of regulatory certainty and the resulting streamlined deployment process.140 The Commission’s actions are consistent with the statutory language of Section 332 and therefore reflect Congressional intent. Further, siting agencies have become more efficient in processing siting applications and will be able to take advantage of these efficiencies in meeting the new shot clocks. As a result, the additional shot clocks that the Commission adopts will foster the deployment of the latest wireless technology and serve consumer interests.

F. Steps Taken to Minimize the Significant Economic Impact on Small Entities, and Significant Alternatives Considered

47. The RFA requires an agency to describe any significant alternatives that it has considered in reaching its approach, which may include the following four alternatives (among others): “(1) the establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance and reporting requirements under the rule for such small entities; (3) the use of performance rather than design standards; and (4) an exemption from coverage of the rule, or any part thereof, for such small entities.”141

48. The steps taken by the Commission in the Third Report and Order eliminate regulatory burdens for small entities as well as large companies that are involved with the deployment of person wireless services infrastructure. By establishing shot clocks and guidance on injunctive relief for personal wireless services infrastructure deployments, the Commission has standardized and streamlined the permitting process. These changes will significantly minimize the economic burden of the siting process on all entities, including small entities, involved in deploying personal wireless services infrastructure.

The record shows that permitting delays imposes significant economic and financial burdens on companies with pending wireless infrastructure permits. Eliminating permitting delays will remove the associated cost burdens and enabling significant public interest benefits by speeding up the deployment of personal wireless services and infrastructure. In addition, siting agencies will be able to utilize the efficiencies that they have gained over the years processing siting applications to minimize financial impacts.

49. The Commission considered but did not adopt proposals by commenters to issue “Best Practices” or “Recommended Practices,”142 and to develop an informal dispute resolution process and 139 See supra para. 144.
140 See supra para. 110.
141 5 U.S.C. § 603(c)(1)-(4).
142 KS Rep. Sloan Comments at 2; Nokia Comments at 10.
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mediation program, 143 noting that the steps taken in the Third Report and Order address the concerns underlying these proposals to facilitate cooperation between parties to reach mutually agreed upon solutions.144 The Commission anticipates that the changes it has made to the permitting process will provide significant efficiencies in the deployment of personal wireless services facilities and this in turn will benefit all companies, but particularly small entities, that may not have the resources and economies of scale of larger entities to navigate the permitting process. By adopting these changes, the Commission will continue to fulfill its statutory responsibilities, while reducing the burden on small entities by removing unnecessary impediments to the rapid deployment of personal wireless services facilities and infrastructure across the country.

Report to Congress

50. The Commission will send a copy of the Third Report and Order, including this FRFA, in a report to Congress pursuant to the Congressional Review Act.145 In addition, the Commission will send a copy of the Third Report and Order, including this FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the Third Report and Order and FRFA (or summaries thereof) also will be published in the Federal Register. 146
143 NATOA et al. Comments at 16-17.
144 See supra para. 131.
145 5 U.S.C. § 801(a)(1)(A).
146 5 U.S.C. § 604(b).
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107

STATEMENT OF

CHAIRMAN AJIT PAI
Re: Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, WT Docket No. 17-79; Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, WC Docket No. 17-84 Perhaps the defining characteristic of the communications sector over the past decade is that the world is going wireless. The smartphone’s introduction in 2007 may have seemed an interesting novelty to some at the time, but it was a precursor of a transformative change in how consumers access and use the Internet. 4G LTE was a key driver in that change.

Today, a new transition is at hand as we enter the era of 5G. At the FCC, we’re working hard to ensure that the United States leads the world in developing this next generation of wireless connectivity so that American consumers and our nation’s economy enjoy the immense benefits that 5G will bring.

Spectrum policy of course features prominently in our 5G strategy. We’re pushing a lot more spectrum into the commercial marketplace. On November 14, for example, our 28 GHz band spectrum auction will begin, and after it ends, our 24 GHz band spectrum auction will start. And in 2019, we plan to auction off three additional spectrum bands.

But all the spectrum in the world won’t matter if we don’t have the infrastructure needed to carry 5G traffic. New physical infrastructure is vital for success here. That’s because 5G networks will depend less on a few large towers and more on numerous small cell deployments—deployments that for the most part don’t exist today.

But installing small cells isn’t easy, too often because of regulations. There are layers of (sometimes unnecessary and unreasonable) rules that can prevent widespread deployment. At the federal level, we acted earlier this year to modernize our regulations and make our own review process for wireless infrastructure 5G fast. And many states and localities have similarly taken positive steps to reform their own laws and increase the likelihood that their citizens will be able to benefit from 5G networks.

But as this Order makes clear, there are outliers that are unreasonably standing in the way of wireless infrastructure deployment. So today, we address regulatory barriers at the local level that are inconsistent with federal law. For instance, big-city taxes on 5G slow down deployment there and also jeopardize the construction of 5G networks in suburbs and rural America. So today, we find that all fees must be non-discriminatory and cost-based. And when a municipality fails to act promptly on applications, it can slow down deployment in many other localities. So we mandate shot clocks for local government review of small wireless infrastructure deployments.

I commend Commissioner Carr for his leadership in developing this Order. He worked closely with many state and local officials to understand their needs and to study the policies that have worked at the state and local level. It should therefore come as no surprise that this Order has won significant support from mayors, local officials, and state legislators.

To be sure, there are some local governments that don’t like this Order. They would like to continue extracting as much money as possible in fees from the private sector and forcing companies to navigate a maze of regulatory hurdles in order to deploy wireless infrastructure. But these actions are not only unlawful, they’re also short-sighted. They slow the construction of 5G networks and will delay if not prevent the benefits of 5G from reaching American consumers. And let’s also be clear about one thing: When you raise the cost of deploying wireless infrastructure, it is those who live in areas where the 9194

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investment case is the most marginal—rural areas or lower-income urban areas—who are most at risk of losing out. And I don’t want 5G to widen the digital divide; I want 5G to help close that divide.

In conclusion, I’d like to again thank Commissioner Carr for leading this effort and his staff for their diligent work. And I’m grateful to the hardworking staff across the agency who have put many hours into this Order. In particular, thanks to Jonathan Campbell, Stacy Ferraro, Garnet Hanly, Leon Jackler, Eli Johnson, Jonathan Lechter, Kate Matraves, Betsy McIntyre, Darrel Pae, Jennifer Salhus, Dana Shaffer, Jiaming Shang, David Sieradzki, Michael Smith, Don Stockdale, Cecilia Sulhoff, Patrick Sun, Suzanne Tetreault, and Joseph Wyer from the Wireless Telecommunications Bureau; Matt Collins, Adam Copeland, Dan Kahn, Deborah Salons, and John Visclosky from the Wireline Competition Bureau; Chana Wilkerson from the Office of Communications Business Opportunities; and Ashley Boizelle, David Horowitz, Tom Johnson, Marcus Maher, Bill Richardson, and Anjali Singh from the Office of General Counsel.
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109

STATEMENT OF
COMMISSIONER MICHAEL O’RIELLY
Re: Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, WT Docket No. 17-79; Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, WC Docket No. 17-84
I enthusiastically support the intent of today’s item and the vast majority of its content, as it will lower the barriers that some localities place to infrastructure siting. By tackling exorbitant fees, ridiculous practices, and prolonged delays, we are taking the necessary steps to expedite deployment and make it more cost efficient. Collectively, these provisions will help facilitate the deployment of 5G and enable providers to expand services throughout our nation, with ultimate beneficiaries being the American people.

While this is a tremendous step in the right direction, there are some things that could have been done to improve the situation further. For instance, the agreement reached by all parties in the 1996 Telecommunications Act was that states and localities would have no role over radio frequency emission issues, could not regulate based on the aesthetics of towers and antennas, and were prohibited from imposing any moratoriums on processing wireless siting applications. State and localities did not honor this agreement and the courts have sadly enabled their efforts via harmful and wrongly decided cases.

Accordingly, I would have preferred that the aesthetics related provisions in the item be deleted, but I will have to swallow it recognizing that I can’t get the rest without it. At the very least, I do appreciate that, at my request, it was clarified that the aesthetic requirements, which must be published in advance, must be objective.

I am also concerned that by setting application and recurring fees that are presumed to be reasonable, the Commission is inviting localities to adopt these rates, even if they are not cost based.

Providers should be explicitly provided the right to challenge these rates if they believe they are not cost based. Even if not stated, I hope that providers will challenge unreasonable rates. I thank my colleagues for agreeing to my edits that the application fee presumption applies to all non-recurring costs, not just the application fee.

Further, I think there should be a process and standards in place if a locality decides that it needs more time to review batched applications. Objective criteria are needed regarding what are considered “exceptional circumstances” or “exceptional cases” warranting a longer review period for batch processing, when localities need to inform the applicant that they need more time, how this notification will occur, and how much time they will get. For instance, the item appears to excuse a locality that does not act within the shot clocks for any application if there are “extraordinary circumstances,” but there are no parameters on what circumstances we are envisioning. Is a lack of adequate staff or having processing rules or policies in place a sufficient excuse? Such things should be determined upfront, as opposed to allowing courts to decide such matters. Without further clarity, I fear that we may be creating unnecessary loopholes, resulting in further delay.

Finally, I would have liked today’s item to be broader and cover the remaining infrastructure issues in the record. First, the Commission’s new interpretation of sections 253 and 332 applies beyond small cells. While our focus has been on these newer technologies, there needs to be a recognition that macro towers will continue to play a crucial role in wireless networks. One tower provider states that “[m]acro cell sites will continue to be a central component of wireless infrastructure . . . ,” because 80 [percent] of the population lives in suburban or rural areas where “macro sites are the most efficient way 9196

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to transmit wireless signals.”1 Further, many of the interpretations in today’s item apply not only to these macro towers, but also to other telecommunications services, including those provided by traditional wireline carriers and potentially cable companies.

Second, the Commission needs to close loopholes in section 6409 that some localities have been exploiting. While these rules pertaining to the modification of existing structures are clear, some localities are trying to undermine Congress’s intent and our actions. For instance, localities are refusing ancillary permissions, such as building or highway permits, to slow down or prevent siting; using the localities’ concealment and aesthetic additions to increase the size of the facility or requiring that poles be replaced with stealth infrastructure for the purpose of excluding facilities from section 6409; placing improper conditions on permits; and forcing providers to sign agreements that waive their rights under section 6409. And, I have been told that some are claiming that section 6409 does not apply to their siting processes. This must stop. I appreciate the Chairman’s firm commitment to my request for an additional item to address such matters, and I expect that it will be coming in the very near future.

Third, there is a need to harmonize our rules regarding compound expansion. Currently, an entity seeking to replace a structure is allowed to expand the facility’s footprint by 30 feet, but if the same entity seeks to expand the tower area to hold new equipment associated with a collocation, a new review is needed. It doesn’t make sense that these situations are treated differently. And while we are at it, the Commission should also harmonize its shot clocks and remedies. These issues should also be added to any future item.

Lastly, the Commission also must finish its review of the comments filed in response to the twilight towers notice, make the revisions to the program comment, and submit it to Advisory Council on Historic Preservation for their review and vote. These towers are eligible, yet not permitted, to hold an estimated 6,500 collocations that will be needed for next-generation services and FirstNet. It is time to bring this embarrassment, which started in 2001, to an end.

Not only do I thank the Chairman for agreeing to additional infrastructure items, but I also thank the Chairman and Commissioner Carr for implementing several of my edits to the item today. Besides those already mentioned, they include applying the aesthetic criteria, including that any requirements must be reasonable, objective, and published in advance, to undergrounding; stating that undergrounding requirements that apply to some, but not all facilities, will be considered an effective prohibition if they materially inhibit wireless service; and adding similar language to the minimum spacing section of the item. Further, the minimum spacing requirements will not apply to replacement facilities or prevent collocations on existing structures. Additionally, localities claiming that an application is incomplete will need to specifically state what rule requires the submission of the missing information.

With this, I approve.
1 American Tower Ex Parte Letter, WT Docket No. 17-79, n.6 (Aug. 10, 2018). 9197

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111

STATEMENT OF

COMMISSIONER BRENDAN CARR
Re: Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, WT Docket No. 17-79; Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, WC Docket No. 17-84 The United States is on the cusp of a major upgrade in wireless technology to 5G. The WALL STREET JOURNAL has called it transformative from a technological and economic perspective. And they’re right. Winning the global race to 5G—seeing this new platform deployed in the U.S. first—is about economic leadership for the next decade. Those are the stakes, and here’s how we know it.

Think back ten years ago when we were on the cusp of upgrading from 3G to 4G. Think about the largest stocks and some of the biggest drivers of our economy. It was big banks and big oil. Fast forward to today: U.S.-based technology companies, from FAANG (Facebook, Apple, Amazon, Netflix, and Google) down to the latest startup, have transformed our economy and our lives.

Think about your own life. A decade ago, catching a ride across town involved calling a phone number, waiting 20 minutes for a cab to arrive, and paying rates that were inaccessible to many people.

Today, we have Lyft, Uber, Via, and other options.

A decade ago, sending money meant going to a brick-and-mortar bank, standing in that rope line, getting frustrated when that pen leashed to the table was out of ink (again!), and ultimately conducting your transaction with a teller. Now, with Square, Venmo, and other apps you can send money or deposit checks from anywhere, 24 hours a day.

A decade ago, taking a road trip across the country meant walking into your local AAA office, telling them the stops along your way, and waiting for them to print out a TripTik booklet filled with maps that you would unfold as you drove down the highway. Now, with Google Maps and other apps you get real-time updates and directions right on your smartphone.

American companies led the way in developing these 4G innovations. But it’s not by chance or luck that the United States is the world’s tech and innovation hub. We have the strongest wireless economy in the world because we won the race to 4G. No country had faster 4G deployment and more intense investment than we did. Winning the race to 4G added $100 billion to our GDP. It led to $125 billion in revenue for U.S. companies that could have gone abroad. It grew wireless jobs in the U.S. by 84 percent. And our world-leading 4G networks now support today’s $950 billion app economy. That history should remind policymakers at all levels of government exactly what is at stake. 5G is about our leadership for the next decade.

And being first matters. It determines whether capital will flow here, whether innovators will start their new businesses here, and whether the economy that benefits is the one here. Or as Deloitte put it: “First-adopter countries . . . could sustain more than a decade of competitive advantage.” We’re not the only country that wants to be first to 5G. One of our biggest competitors is China.

They view 5G as a chance to flip the script. They want to lead the tech sector for the next decade. And they are moving aggressively to deploy the infrastructure needed for 5G.

Since 2015, China has deployed 350,000 cell sites. We’ve built fewer than 30,000. Right now, China is deploying 460 cell sites a day. That is twelve times our pace. We have to be honest about this infrastructure challenge. The time for empty statements about carrots and sticks is over. We need a concrete plan to close the gap with China and win the race to 5G. 9198

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We take this challenge seriously at the FCC. And we are getting the government out of the way, so that the private sector can invest and compete.

In March, we held that small cells should be treated differently than large, 200-foot towers. And we’re already seeing results. That decision cut $1.5 billion in red tape, and one provider reports that it is now clearing small cells for construction at six times the pace as before.

So we’re making progress in closing the infrastructure gap with China. But hurdles remain.

We’ve heard from dozens of mayors, local officials, and state lawmakers who get what 5G means—they understand the economic opportunity that comes with it. But they worry that the billions in investment needed to deploy these networks will be consumed by the high fees and long delays imposed by big, “must-serve” cities. They worry that, without federal action, they may not see 5G. I’d like to read from a few of the many comments I’ve received over the last few months.

Duane Ankney is a retired coal miner from Montana with a handlebar mustache that would be the envy of nearly any hipster today. But more relevantly, he’s a Member of the Montana State Legislature and chairs its Energy and Telecommunications Committee. He writes: “Where I see the problem is, that most of investment capital is spent in the larger urban areas. This is primarily due to the high regulatory cost and the cost recovery [that] can be made in those areas. This leaves the rural areas out.” Mary Whisenand, an Iowa commissioner, writes: “With 99 counties in Iowa, we understand the need to streamline the network buildout process so it’s not just the big cities that get 5G but also our small towns. If companies are tied up with delays and high fees, it’s going to take that much longer for each and every Iowan to see the next generation of connectivity.” Ashton Hayward, the Mayor of Pensacola, Florida, writes: “[E]xcessive and arbitrary fees . . . result[] in nothing more than telecom providers being required to spend limited investment dollars on fees as opposed to spending those limited resources on the type of high-speed infrastructure that is so important in our community.”
And the entire board of commissioners from a more rural area in Michigan writes: “Smaller communities such as those located in St. Clair County would benefit by having the [FCC] reduce the costly and unnecessary fees that some larger communities place on small cells as a condition of deployment. These fees, wholly disproportionate to any cost, put communities like ours at an unfair disadvantage. By making small cell deployment less expensive, the FCC will send a clear message that all communities, regardless of size, should share in the benefits of this crucial new technology.” They’re right. When I think about success—when I think about winning the race to 5G—the finish line is not the moment we see next-gen deployments in New York or San Francisco. Success can only be achieved when all Americans, no matter where they live, have a fair shot at fast, affordable broadband.

So today, we build on the smart infrastructure policies championed by state and local leaders. We ensure that no city is subsidizing 5G. We prevent excessive fees that would threaten 5G deployment.

And we update our shot clocks to account for new small cell deployments. I want to thank Commissioner Rosenworcel for improving the new shot clocks with edits that protect municipalities from providers that submit incomplete applications and provide localities with more time to adjust their operations. Her ideas improved this portion of the order.

More broadly, our decision today has benefited from the diverse views expressed by a range of stakeholders. On the local government side, I met with mayors, city planners, and other officials in their home communities and learned from their perspectives. They pushed back on the proposed “deemed 9199

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granted” remedy, on regulating rents on their property outside of rights-of-way, and on limits to reasonable aesthetic reviews. They reminded me that they’re the ones that get pulled aside at the grocery store when an unsightly small cell goes up. Their views carried the day on all of those points. And our approach respects the compromises reached in state legislatures around the country by not preempting nearly any of the provisions in the 20 state level small cells bills.

This is a balanced approach that will help speed the deployment of 5G. Right now, there is a cottage industry of consultants spurring lawsuits and disputes in courtrooms and city halls around the country over the scope of Sections 253 and 332. With this decision, we provide clear and updated guidance, which will eliminate the uncertainty inspiring much of that litigation.

Some have also argued that we unduly limit local aesthetic reviews. But allowing reasonable aesthetic reviews—and thus only preventing unreasonable ones—does not strike me as a claim worth lodging.

And some have asked whether this reform will make a real difference in speeding 5G deployment and closing the digital divide. The answer is yes. It will cut $2 billion in red tape. That’s about $8,000 in savings per small cell. Cutting these costs changes the prospects for communities that might otherwise get left behind. It will stimulate $2.4 billion in new small cell deployments. That will cover 1.8 million more homes and businesses—97% of which are in rural and suburban communities. That is more broadband for more Americans.
* * *
In closing, I want to thank my colleagues for working to put these ideas in place. I want to thank Chairman Pai for his leadership in removing these regulatory barriers. And I want to recognize the exceptionally hard-working team at the FCC that helped lead this effort, including, in the Wireless Telecommunications Bureau, Donald Stockdale, Suzanne Tetrault, Garnet Hanly, Jonathan Campbell, Stacy Ferraro, Leon Jackler, Eli Johnson, Jonathan Lechter, Marcus Maher, Betsy McIntyre, Darrel Pae, Jennifer Salhus, Jiaming Shang, and David Sieradzki. I also want to thank the team in the Office of General Counsel, including Tom Johnson, Ashley Boizelle, Bill Richardson, and Anjali Singh. 9200

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114

STATEMENT OF

COMMISSIONER JESSICA ROSENWORCEL

APPROVING IN PART, DISSENTING IN PART
Re: Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, WT Docket No. 17-79; Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, WC Docket No. 17-84 A few years ago, in a speech at a University of Colorado event, I called on the Federal Communications Commission to start a proceeding on wireless infrastructure reform. I suggested that if we want broad economic growth and widespread mobile opportunity, we need to avoid unnecessary delays in the state and local approval process. That’s because they can slow deployment.

I believed that then. I still believe it now.

So when the FCC kicked off a rulemaking on wireless infrastructure last year, I had hopes. I hoped we could provide a way to encourage streamlined service deployment nationwide. I hoped we could acknowledge that we have a long tradition of local control in this country but also recognize more uniform policies across the country will help us in the global race to build the next generation of wireless service, known as 5G. Above all, I hoped we could speed infrastructure deployment by recognizing the best way to do so is to treat cities and states as our partners.

In one respect, today’s order is consistent with that vision. We shorten the time frames permitted under the law for state and local review of the deployment of small cells—an essential part of 5G networks. I think this is the right thing to do because the shot clocks we have now were designed in an earlier era for much bigger wireless facilities. At the same time, we retain the right of state and local authorities to pursue court remedies under Section 332 of the Communications Act. This strikes an appropriate balance. I appreciate that my colleagues were willing to work with me to ensure that localities have time to update their processes to accommodate these new deadlines and that they are not unfairly prejudiced by incomplete applications. I support this aspect of today’s order.

But in the remainder of this decision, my hopes did not pan out. Instead of working with our state and local partners to speed the way to 5G deployment, we cut them out. We tell them that going forward Washington will make choices for them—about which fees are permissible and which are not, about what aesthetic choices are viable and which are not, with complete disregard for the fact that these infrastructure decisions do not work the same in New York, New York and New York, Iowa. So it comes down to this: three unelected officials on this dais are telling state and local leaders all across the country what they can and cannot do in their own backyards. This is extraordinary federal overreach.

I do not believe the law permits Washington to run roughshod over state and local authority like this and I worry the litigation that follows will only slow our 5G future. For starters, the Tenth Amendment reserves powers to the states that are not expressly granted to the federal government. In other words, the constitution sets up a system of dual sovereignty that informs all of our laws. To this end, Section 253 balances the interests of state and local authorities with this agency’s responsibility to expand the reach of communications service. While Section 253(a) is concerned with state and local requirements that may prohibit or effectively prohibit service, Section 253(d) permits preemption only on a case-by-case basis after notice and comment. We do not do that here. Moreover, the assertion that fees above cost or local aesthetic requirements in a single city are tantamount to a service prohibition elsewhere stretches the statute beyond what Congress intended and legal precedent affords.

In addition, this decision irresponsibly interferes with existing agreements and ongoing deployment across the country. There are thousands of cities and towns with agreements for infrastructure deployment—including 5G wireless facilities—that were negotiated in good faith. So 9201

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many of them could be torn apart by our actions here. If we want to encourage investment, upending commitments made in binding contracts is a curious way to go.

Take San Jose, California. Earlier this year it entered into agreements with three providers for the largest small cell-driven broadband deployment of any city in the United States. These partnerships would lead to 4,000 small cells on city-owned light poles and more than $500 million of private sector investment. Or take Little Rock, Arkansas, where local reforms to the permitting process have put it on course to become one of the first cities to benefit from 5G service. Or take Troy, Ohio. This town of under 26,000 spent time and energy to develop streamlined procedures to govern the placement, installation, and maintenance of small cell facilities in the community. Or take Austin, Texas. It has been experimenting with smart city initiatives to improve transportation and housing availability. As part of this broader effort, it started a pilot project to deploy small cells and has secured agreements with multiple providers.

This declaratory ruling has the power to undermine these agreements—and countless more just like them. In fact, too many municipalities to count—from Omaha to Overland Park, Cincinnati to Chicago and Los Angeles to Louisville—have called on the FCC to halt this federal invasion of local authority. The National Governors Association and National Conference of State Legislatures have asked us to stop before doing this damage. This sentiment is shared by the United States Conference of Mayors, National League of Cities, National Association of Counties, and Government Finance Officers Association. In other words, every major state and municipal organization has expressed concern about how Washington is seeking to assert national control over local infrastructure choices and stripping local elected officials and the citizens they represent of a voice in the process.

Yet cities and states are told to not worry because with these national policies wireless providers will save as much as $2 billion in costs which will spur deployment in rural areas. But comb through the text of this decision. You will not find a single commitment made to providing more service in remote communities. Look for any statements made to Wall Street. Not one wireless carrier has said that this action will result in a change in its capital expenditures in rural areas. As Ronald Reagan famously said, “trust but verify.” You can try to find it here, but there is no verification. That’s because the hard economics of rural deployment do not change with this decision. Moreover, the asserted $2 billion in cost savings represents no more than 1 percent of investment needed for next-generation networks.

It didn’t have to be this way. So let me offer three ideas to consider going forward.

First, we need to acknowledge we have a history of local control in this country but also recognize that more uniform policies can help us be first to the future. Here’s an idea: Let’s flip the script and build a new framework. We can start with developing model codes for small cell and 5G deployment—but we need to make sure they are supported by a wide range of industry and state and local officials. Then we need to review every policy and program—from universal service to grants and low- cost loans at the Department of Commerce, Department of Agriculture, and Department of Transportation and build in incentives to use these models. In the process, we can create a more common set of practices nationwide. But to do so, we would use carrots instead of sticks.

Second, this agency needs to own up to the impact of our trade policies on 5G deployment. In this decision we go on at length about the cost of local review but are eerily silent when it comes to the consequences of new national tariffs on network deployment. As a result of our escalating trade war with China, by the end of this year we will have a 25 percent duty on antennas, switches, and routers—the essential network facilities needed for 5G deployment. That’s a real cost and there is no doubt it will diminish our ability to lead the world in the deployment of 5G. 9202

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Finally, in this decision the FCC treats the challenge of small cell deployment with a bias toward more regulation from Washington rather than more creative marketplace solutions. But what if instead we focused our efforts on correcting the market failure at issue? What if instead of micromanaging costs we fostered competition? One innovative way to do this involves dusting off our 20-year old over-the- air-reception-device rules, or OTARD rules.

Let me explain. The FCC’s OTARD rules were designed to protect homeowners and renters from laws that restricted their ability to set up television and broadcast antennas on private property. In most cases they accomplished this by providing a right to install equipment on property you control—and this equipment for video reception was roughly the size of a pizza box.

Today OTARD rules do not contemplate 5G deployment and small cells. But we could change that by clarifying our rules. If we did, a lot of benefits would follow. By creating more siting options for small cells, we would put competitive pressure on public rights-of-way, which could bring down fees through competition instead of the government ratemaking my colleagues offer here. Moreover, this approach would create more opportunities for rural deployment by giving providers more siting and backhaul options and creating new use cases for signal boosters. Add this up and you get more competitive, more ubiquitous, and less costly 5G deployment.

We don’t explore these market-based alternatives in today’s decision. We don’t say a thing about the real costs that tariffs impose on our efforts at 5G leadership. And we don’t consider creative incentive-based systems to foster deployment, especially in rural areas.

But above all we neglect the opportunity to recognize what is fundamental: if we want to speed the way for 5G service we need to work with cities and states across the country because they are our partners. For this reason, in critical part, I dissent. 9203

May 3, 2022

Library and Community Services

DATE: May 3, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Melinda Cervantes, Interim Deputy Director of
Community Services – Library
Abigail Sims-Evelyn, Literacy Program Manager – LEAP

Subject:

Accept and Appropriate California State Library State-
Funded English as a Second Language Service Project
Grant Award.

FINANCIAL IMPACT: Project expenditures will be funded by the California State Library grant funds. There will be no net additional expense to the General Fund.

PREVIOUS COUNCIL
ACTION:

Not applicable.

STATEMENT OF THE
ISSUE:

The Richmond Public Library has been awarded a
$21,700 grant from the California State Library to support English as a Second Language educational services
offered at the library’s literacy services program, Literacy for Every Adult Program (LEAP).

RECOMMENDED ACTION:

ADOPT a resolution to accept and appropriate into the
FY 2021-2022 budget a California State Library grant, in the amount of $21,700, to support English as a Second
Language educational services offered at the library’s
literacy services program, LEAP - Library and Community Services Department – Library Division (Melinda
Cervantes 510-620-5452/Abigail Sims-Evelyn 510-307-
8082)

AGENDA
REPORT

May 3, 2022

DISCUSSION:

The Richmond Public Library has been awarded a California State Library, state-funded grant which will provide funds to support the Literacy for Every Adult Program’s English as a Second Language services. These services will include one-on-one and small group instruction to English as a Second Language adult learners who desire to develop literacy skills.

DOCUMENTS ATTACHED:

Attachment 1 – Award Letter California State Library
Attachment 2 – Claim Form
Attachment 3 – Certification Form
Attachment 4 – California State Library – State Funded Grants Award Agreement and Certificate of Compliance
Attachment 5 – Resolution

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND TO

ACCEPT A GRANT FROM THE CALIFORNIA STATE LIBRARY, ADJUST APPROPRIATIONS BY $21,700 AND TO ADJUST EXPENDITURES BY $21,700 IN THE 2021-2022 LIBRARY BUDGET

WHEREAS, subsequent to the adoption of the 2021-2022 City of Richmond operating budget, the Richmond Public Library was awarded $21,700 from the California State Library; and

WHEREAS, the additional grant funding of $21,700 will be able to provide adult literacy services to Literacy For Every Adult Program (LEAP) English as a Second Language (ESL) participants.

WHEREAS, this grant funding will expand ESL services at the Richmond Public Library’s adult literacy service, LEAP.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond that the 2021-2022 Library Budget is adjusted to add $21,700 to revenue and to add $21,700 to expenditures.

*****************************

I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ meeting held on _____________ by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

________________________________________
Clerk of the City of Richmond

(SEAL)

Approved:

_______________________________
Mayor

Approved as to form:

____________________________
City Attorney

May 3, 2022

Mayor's Office

DATE: May 3, 2022
TO: Members of the City Council
FROM:

Tom Butt, Mayor

Subject:

CalFresh Awareness Month – May 2022
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

In 2011, the California Department of Social Services
recognized CalFresh Awareness Month to increase
public awareness about CalFresh, known federally as the Supplemental Nutrition Assistance Program (SNAP),
which provides monthly food benefits to individuals and families with low-incomes and economic benefits to
communities.

RECOMMENDED ACTION:

PROCLAMATION declaring May 2022 as CalFresh
Awareness Month in the City of Richmond – Mayor’s
Office (Mayor Tom Butt 510-620-6503).

AGENDA
REPORT

May 3, 2022
DISCUSSION:

In California, approximately 4.5 million people struggle with hunger and are estimated to need over $2 million per year in additional assistance to meet their food needs, and about 2 million people are eligible for CalFresh benefits but are not receiving them.

Annually, the Contra Costa County Employment and Human Services Department (EHSD) helps over 35,000 low-income households receive CalFresh benefits. People who qualify for assistance through the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) may also qualify for CalFresh benefits as well as all children born in the United States, regardless of their parents’ immigration status, and college students who meet certain eligibility criteria such as employment or parenthood.

Increased awareness helps dispel myths, such as: people on food assistance don’t work and don’t want to work (most households include at least one person with a job); recipients are a burden to taxpayers and a drain on the country’s tax revenue (SNAP benefits create jobs and stimulate local economies); poverty is too complicated to be solved by government (government assistance programs measurably reduce poverty and hunger); poor people will spend their benefits in irresponsible ways (benefits can only be used to purchase food); people are taking advantage of the program (entitlement programs like SNAP have extremely low fraud); the program is inefficient (SNAP dollars are spent effectively).

To find out if you qualify for CalFresh benefits, visit www.GetCalFresh.org, call 1-877- 847-3663 (FOOD), or reach out to EHSD at 510-412-3000 or www.ehsd.org.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation

CITY OF RICHMOND, CALIFORNIA

P R O C L A M A T I O N

Declaring May 2022 as CalFresh Awareness Month

WHEREAS, in 2011, the California Department of Social Services recognized CalFresh Awareness Month to increase public awareness about CalFresh, known federally as the Supplemental Nutrition Assistance Progr am (SNAP), which provides monthly food benefits to individuals and families with low-incomes and economic benefits to communities; and

WHEREAS, in California, approximately 4.5 million people struggle with hunger and are estimated to need over $2 million per year in additional assistance to meet their food needs , and about 2 million people are eligible for CalFresh benefits but are not receiving them; and

WHEREAS, annually, the Contra Costa County Employment and Human Services Department (EHSD) helps over 35,000 low-income households receive CalFresh benefits; and

WHEREAS, people who qualify for assistance through the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) may also qualify for CalFresh benefits as well as all children born in the United States, regardless of their parents’ immigration s tatus, and college students who meet certain eligibility criteria such as employment or parenthood; and

WHEREAS, increased awareness helps dispel myths, such as: people on food assistance don’t work and don’t want to work (most households include at least one person with a job); recipients are a burden to taxpayers and a drain on the country’s tax revenue (SNAP benefits create jobs and stimulate local economies); poverty is too complicated to be solved by government (government assistance programs measurab ly reduce poverty and hunger); poor people will spend their benefits in irresponsible ways (benefits can only be used to purchase food); people are taking advantage of the program (entitlement programs like SNAP have extremely low fraud); the program is inefficient (SNAP dollars are spent effectively); and

WHEREAS, to find out if you qualify for CalFresh benefits, visit www.GetCalFresh.org, call 1-877- 847-3663 (FOOD), or reach out to EHSD at 510-412-3000 or www.ehsd.org.

NOW, THEREFORE BE IT RESOLVED , that the Richmond City Council do es hereby declare May 2022 as CalFresh Awareness Month in the City of Richmond and encourages community members to join in CalFresh awareness programs and activities.

___________________________
Mayor Tom Butt
City of Richmond, California
May 3, 2022

May 3, 2022

Mayor's Office

DATE: May 3, 2022
TO: Members of the City Council
FROM:

Tom Butt, Mayor

Subject:

Preservation Month – May 2022
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Every year in May, local preservation groups, state
historical societies, and business and civic organizations across the country celebrate Preservation Month through events that promote historic places and heritage tourism and demonstrate the social and economic benefits of
historic preservation.

RECOMMENDED ACTION:

PROCLAMATION declaring May 2022 as Preservation
Month in the City of Richmond – Mayor’s Office (Mayor
Tom Butt 510-620-6503).

AGENDA
REPORT

May 3, 2022
DISCUSSION:

In 1966, the National Historic Preservation Act was enacted to preserve historical and archaeological sites in the United States, creating the National Register of Historic Places, the list of National Historic Landmarks, and the State Historic Preservation Offices. In 1973, the National Trust for Historic Preservation recognized National Preservation Week, an idea proposed by Donald T. Sheehan, a member of the Trustees Advisory Committee on Membership and Public Relations, as a “means of relating local and state preservation progress to the national effort for the mutual benefits of both. In 2005, the National Trust for Historic Preservation extended the celebration to the entire month of May and declared it Preservation Month to provide an even greater opportunity to celebrate the diverse and unique heritage of our country’s cities and states.

Historic preservation is an effective tool for economic development, tourism promotion, protecting cultural resources, revitalizing neighborhoods, fostering local pride, and maintaining community character while enhancing livability and is relevant for communities across the nation of all ages, walks of life, and ethnic backgrounds. It is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people.

The City of Richmond has an active historic preservation program with a number of locally, statewide, and nationally designated historic resources, districts, buildings, and sites including the Rosie the Riveter/WWII Home Front National Historical Park, the Winters Building, and East Brother Light Station. The Richmond Historic Preservation Commission and other historical preservation groups have contributed invaluable work, time, and efforts for the preservation, restoration, and rehabilitation of important resources within Richmond.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation

CITY OF RICHMOND, CALIFORNIA

P R O C L A M A T I O N

Declaring May 2022 as Preservation Month

WHEREAS, in 1966, the Nati onal Historic Preservation Act was enacted to preserve historical and archaeological sites in the United States, creating the National Register of Historic Places, the list of National Historic Landmarks, and the State Historic Preservation Offices; and

WHEREAS, in 1973, the National Trust for Historic Preservation recognized National Preservation Week, an idea proposed by Donald T. Sheehan, a member of the Trustees Advisory Committee on Membership and Public Relations , as a “ means of relating local and state preservation progress to the national effort for the mutual benefits of both;” and

WHEREAS, in 2005, the National Trust for Historic Preservation extended the celebration to the entire month of May and declared it Preservation Month to provide an even greater opportunity to celebrate the diverse and unique heritage of our country’s cities and states; and

WHEREAS, historic preservation is an effective tool for economic development, tourism promotion, protecting cultural resources, revitalizing neighborhoods, fostering local pride , and maintaining community chara cter while enhancing livability and is relevant for communities across the nation of all ages, walks of life, and ethnic backgrounds; and

WHEREAS, it is important to celebrate the role of history in our lives and the contri butions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and

WHEREAS, the City of Richmond has an activ e historic preservation program with a number of locally, statewide, and nationally designated historic resources, districts, buildings , and sites including the Rosie the Riveter/WWII Home Front National Historical Park, the Winters Building, and East Brother Light Station; and

WHEREAS, the Richmond Historic Preservation Commission and other historical preservation groups have contributed invaluable work, time, and efforts for the preservation, restoration, and rehabilitation of important resources within Richmond.

NOW, THEREFORE BE IT RESOLVED , that the Richmond City Council do es hereby declare May 2022 as Preservation Month in the City of Richmond and encourages community members to join in activities that support and promote environmental protection.

___________________________
Mayor Tom Butt
City of Richmond, California
May 3, 2022

May 3, 2022

Mayor's Office

DATE: May 3, 2022
TO: Members of the City Council
FROM:

Tom Butt, Mayor

Subject:

Military Appreciation Month – May 2022
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

In 1999, Senator John McCain introduced legislation to
recognize National Military Appreciation Month and
gather the country around its military family to honor, remember, recognize, and appreciate those who are
serving or have served, and to know their history.

RECOMMENDED ACTION:

PROCLAMATION declaring May 2022 as Military
Appreciation Month in the City of Richmond – Mayor’s
Office (Mayor Tom Butt 510-620-6503).

AGENDA
REPORT

May 3, 2022
DISCUSSION:

The month of May also recognizes Month of the Military Caregiver, Loyalty Day and Silver Star Service Banner Day (May 1), Public Service Recognition Week (May 1-7), Military Spouse Appreciation Day (May 6), Victory in Europe Day (May 8), Children of Fallen Patriots Day (May 13), Armed Forces Day (May 21), and Memorial Day (May 30).

The Veterans Resource Program (VRP) in Richmond provides services for homeless veterans in the Bay Area, including housing, employment, job training, and information on higher educational opportunities, all while providing residents of the VRP home a veteran peer support network, access to free computer and internet services, a bike riding program, outings, and accessibility to the upcoming VRP housing development project which will provide housing for homeless, independent veterans, and those who require assisted living.

The Contra Costa County Veterans Service Office helps over 72,000 veterans and their families obtain benefits from federal, state, and local agencies, including: benefits for burials, education, home loans, medical treatment, and vocational rehabilitation; compensation for service related disabilities; pensions for non-service related deaths and for war-time veterans with non-service connected disabilities; government life insurance and proceeds; Military Survivor Benefits Plan; and California College Tuition Fee Waiver Program.

www.militarybenefits.info suggests ways to support our military and veterans, including:
displaying the U.S. flag at your home or business; showing support on social media with #MilitaryAppreciationMonth; sending a care package to a soldier; encouraging elected officials to show recognition; thanking someone in uniform for their service or surprising them with a treat; honoring or recognizing these observances in classrooms with teachers and students or through businesses’ websites, social media, and newsletters; donating to a veteran or military charity; reaching out to a veteran or military family in need; and hiring a veteran.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation

CITY OF RICHMOND, CALIFORNIA

P R O C L A M A T I O N

Declaring May 2022 as Military Appreciation Month

WHEREAS, in 1999, Senator John McCain introduced legislation to recognize National Military Appreciation Month and gather the country around its military family to honor, remember, recognize, and appreciate those who are serving or have served and to know their history; and

WHEREAS, the month of May also recognizes Month of the Military Caregiver, Loyalty Day and Silver Star Service Banner Day (May 1), Public Service Recognition Week ( May 1-7), Military Spouse Appreciation Day (May 6), Victory in Europe Day (May 8), Children of Fallen Patriots Day (May 13), Armed Forces Day (May 21), and Memorial Day (May 30); and

WHEREAS, the Veterans Resource Program (VRP) in Richmond provides services for homeless veterans in the Bay Area, including housing, employment, job training, and information on higher educational opportunities, all while providing residents of the VRP home a veteran peer support network, access to free computer and internet services, a bike riding program, outings , and accessibility to the upcoming VRP housing development project which will provide housing for homeless, independent veterans and those who require assisted living; and

WHEREAS, the Contra Costa County Veterans Service Office helps over 72,000 veterans and their families obtain benefits from fe deral, state , and local agencies , including: benefits for burials, education, home loans, medical treatment, and vocational rehabilitation; compensation for service related disabilities; p ensions for non -service related deaths and for war -time veterans with non -service connected disabilities; governm ent life insurance and proceeds; Military Survivor Benefits Plan; and California College Tuition Fee Waiver Program; and

WHEREAS, www.militarybenefits.info suggests ways to support our military and veterans , including: displaying the U.S. flag at your home or business; showing support on social media with #MilitaryAppreciationMonth; sending a care package to a soldier ; encouraging elected officials to show recognition; thanking someone in uniform for their s ervice or surprising them with a treat; honoring or recognizing these observances in classroom s with teachers and students or through businesses’ websites, social media, and newsletters; donating to a veteran or military charity; reaching out to a veteran or military family in need; and hiring a veteran.

NOW, THEREFORE BE IT RESOLVED , that the Richmond City Council do es hereby declare May 2022 as Military Appreciation Month in the City of Richmond and encourage s community members to join in activities that demonstrate appreciation for our military and its service members and honor the sacrifices they made for our freedoms.

___________________________
Mayor Tom Butt
City of Richmond, California
May 3, 2022

May 3, 2022

Mayor's Office

DATE: May 3, 2022
TO: Members of the City Council
FROM:

Tom Butt, Mayor

Subject:

Stroke Awareness Month
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

In 1989, President George H. W. Bush signed the first
National Stroke Awareness Month proclamation to
promote public awareness and reduce the incidence of
stroke in the United States, mentioning the work done by the National Institute of Neurological Disorders and
Stroke, the National Stroke Association, and the National Heart Association.

RECOMMENDED ACTION:

PROCLAMATION declaring May 2022 as Stroke
Awareness Month in the City of Richmond – Mayor’s
Office (Mayor Tom Butt 510-620-6503).

AGENDA
REPORT

May 3, 2022
DISCUSSION:

A stroke is caused by blocked blood flow to the brain and can affect a person’s speech, movement, memory, and more and is the fifth leading cause of death in the United States, with more than 800,000 strokes occurring every year.

Strokes disproportionately impact people over 65, people with a family history of strokes, African Americans, women, and people who previously had a stroke, and limited English proficiency may hamper efforts to prevent stroke in Latino communities.

Certain factors increase chances of having a stroke, such as smoking, drinking, high blood pressure, high cholesterol, diabetes, and bad eating habits, and additional factors that may be linked to higher stroke risks include COVID-19, geographic locations, socioeconomic factors, alcohol and drug abuse, and sleep habits.

Up to 80 percent of strokes may be prevented by living a healthy lifestyle and taking advantage of preventive services such as cardiovascular disease screening, cardiovascular behavioral therapy, alcohol misuse screenings and counseling, diabetes screenings and self-management training, nutrition therapy services and obesity behavioral therapy, and counseling to prevent tobacco use and tobacco-caused disease.

It is important to know the signs of a stroke, such as weakness in the face, arm, or leg, difficulty breathing, vision loss, dizziness, and a brief loss of consciousness, and by learning and sharing the F.A.S.T. warning signs, you might just save a life from stroke (Face Drooping, Arm Weakness, Speech Difficulty, Time to Call 911).

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation

CITY OF RICHMOND, CALIFORNIA

P R O C L A M A T I O N

Declaring May 2022 as Stroke Awareness Month

WHEREAS, in 1989, President George H. W. Bush signed the first National Stroke Awareness Month proclamation to promote public awareness and reduce the incidence of stroke in the United States , mentioning the work done by the National Institute of Neurological Disorders and Stroke, the National Stroke Association, and the National Heart Association; and

WHEREAS, a stroke is caused by blocked blood flow to the brain and can affect a person’s speech, movement, memory, and more and is the fifth leading cause of death in the United States, with more than 800,000 strokes occurring every year; and

WHEREAS, strokes disproportionately impact people over 65, people with a family history of strokes, African Americans, women, and people who previously had a stroke, and limited English proficiency may hamper efforts to prevent stroke in Latino communities; and

WHEREAS, certain factors increase chances of having a stroke, such as smoking, drinking, high blood pressure, high cholesterol, diabetes, and bad eating h abits, and additional factors that may be linked to higher stroke risks include COVID-19, geographic locations , socioeconomic factors, alcohol and drug abuse, and sleep habits; and

WHEREAS, up to 80% of strokes may be prevente d by living a healthy lifestyle and taking advantage of preventive se rvices such as cardiovascular disease sc reening, c ardiovascular behavioral therapy, a lcohol m isuse screenings and counseling, d iabetes screenin gs and self - management training, nutrition therapy services and obesity behavioral therapy, and counseling to prevent tobacco use and tobacco-caused disease; and

WHEREAS, it is important to know the signs of a stroke, such as weakness in the face, arm, or leg, difficulty breathing, vision loss, dizziness, and a brief loss of consciousness, and by learning and sharing the F.A.S.T. warning signs, you might just save a life from stroke ( Face Drooping, Arm Weakness, Speech Difficulty, Time to Call 911).

NOW, THEREFORE BE IT RESOLVED , that the Richmond City Council do es hereby declare May 2022 as Stroke Awareness Month in the City of Richmond and encourage s community members to join in stroke awareness and prevention programs and activities.

___________________________
Mayor Tom Butt
City of Richmond, California
May 3, 2022

May 3, 2022

Mayor's Office

DATE: May 3, 2022
TO: Members of the City Council
FROM:

Tom Butt, Mayor

Subject:

Affordable Housing Month – May 2022
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

East Bay Housing Organizations has organized Affordable Housing Week, now Affordable Housing Month, for 26
years, acknowledging the need for and benefits of
affordable housing because the housing crisis and the
impacts of the coronavirus pandemic can only be resolved when the entire region takes action to expand affordable housing and stability.

RECOMMENDED ACTION:

PROCLAMATION declaring May 2022 as Affordable
Housing Month in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510-620-6503).

DISCUSSION:

Rising housing costs have led longtime residents to be displaced, live in overcrowded and substandard homes, or become homeless, threatening our region’s diversity and economic prosperity, and by creating new and permanently affordable homes and preserving and improving existing homes, we are making stable and vibrant communities, AGENDA
REPORT

May 3, 2022
helping residents maintain community roots, and fostering racial and economic diversity for generations.

Quality affordable housing is vital to healthy, safe, vibrant, and divers e communities, a fact highlighted by the coronavirus pandemic, and access to affordable homes is necessary to preserve individual and public health, such as sheltering -in-place and self- isolation.

Affordable homes are the solution to homelessness: they pr ovide support to seniors, families, youth, veterans, people recovering from illness, and people with disabilities; they provide better access to opportunities and amenities for low -income communities; and those close to public transit and a resident’s work place help reduce greenhouse gas emissions.

Local jurisdictions, non -profit organizations, community organizations, faith -based groups, and several others play an important role in solving these issues by raising local resources for affordable housing to leverage federal, state, and other funds and continue building inclusive communities that support low -income people and those with special needs.

The City of Richmond encourages community members to visit https://ebho.org/ to learn how we can make affordable homes for all a reality.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation

CITY OF RICHMOND, CALIFORNIA

P R O C L A M A T I O N

Declaring May 2022 as Affordable Housing Month

WHEREAS, East Bay Housing Organizations has organized Affordable Housing Week , now Affordable Housing Month, for 26 years, acknowledging the need for and benefits of affordable housing because the housing crisis and the impacts of the coronavirus pandemic can only be resolved when the entire region takes action to expand affordable housing and stability; and

WHEREAS, rising housing costs have led longtime residents to be displaced, live in overcrowded and substandard homes, or become homeless, threatening our region’s diversity and economic prosperity, and by creating new and permanently affordable homes and preserving and improving existing ho mes, we are making stable and vibrant communities, helping residents maintain community roots, and fostering racial and economic diversity for generations; and

WHEREAS, quality affordable housing is vital to healthy, safe, vibrant, and diverse communities, a fact highlighted by the coronavirus pandemic , and access to affordable homes is necessary to preserve individual and public health, such as sheltering-in-place and self-isolation; and

WHEREAS, affordable homes are the solution to homelessness: they provide support to seniors, families, youth, veterans, people recovering from illness, and people with disab ilities; they provide better access to opportunities and amenities for low-income communities; and those close to public transit and a resident’s workplace help reduce greenhouse gas emissions; and

WHEREAS, local jurisdictions , non-profit organizations, c ommunity organizations, faith -based groups, and several others play an important role in solving these issues by raising local resources for affordable housing to leverage federal, state , and other funds and continue building inclusive communities that support low-income people and those with special needs.

NOW, THEREFORE BE IT RESOLVED , that the Richmond City Council do es hereby declare May 2022 as Affordable Housing Month in the City of Richmond and encourage s community members to visit https://ebho.org/ to learn how we can make affordable homes for all a reality.

___________________________
Mayor Tom Butt
City of Richmond, California
May 3, 2022

May 3, 2022

Mayor's Office

DATE: May 3, 2022
TO: Members of the City Council
FROM: Tom Butt, Mayor

Subject: Bike Month – May 2022
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

In 1956, the League of American Bicyclists recognized
May as Bike Month to showcase the many benefits of
biking and encourage more folks to give it a try, and Bike to Work Week is held the third week of May, with Bike to Work Day held on that Friday.

RECOMMENDED ACTION: PROCLAMATION declaring May 2022 as Bike Month in the City of Richmond – Mayor’s Office (Mayor Tom Butt
510-620-6503).

DISCUSSION:

The City of Richmond’s General Plan 2030 and Health in all Policies Strategy supports and encourages the use of non-motorized transportation and the promotion of bikes as a viable alternative form of transportation when compared to cars and motorized vehic les.

AGENDA
REPORT

May 3, 2022
The City of Richmond continues to improve bike and pedestrian infrastructure through projects funded by various grant programs, ensuring that the goals of promoting active transportation continue to be advanced, and as a result, more Richmond resident s have improved access to safer bike routes and can choose to ride bikes instead of driving cars, making Richmond a healthier, safer, and more enjoyable place to live, work, and grow.

The City of Richmond recognizes the hard work from community groups suc h as Rich City Rides, the Richmond Bicycle/Pedestrian Advisory Committee, and Bike East Bay to ensure that community members are well equipped to take advantage of a more bike - friendly city.

After two years of the pandemic, Bike to Wherever Day, formally Bike to Work Day, is returning on May 20, where over 20,000 East Bay residents will pedal to visit over 100 Energizer Stations to grab a free goodie bag and celebrate the joy of biking everywhere.

The City of Richmond, the Richmond Bicycle/Pedestrian Advis ory Committee, Rich City Rides, SunPower, and Columbia Sportswear are hosting five energizer stations from 7:00 to 9:00 am at Marina Park, the Richmond BART Station, the Richmond Ferry Terminal, Unity Park, and at the intersection of Macdonald Avenue and Key Boulevard.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation

CITY OF RICHMOND, CALIFORNIA

P R O C L A M A T I O N

Declaring May 2022 as Bike Month

WHEREAS, in 1956, the League of American Bicyclists recognized May as Bike Month to showcase the many benefits of biking and encourage more folks to giv e it a try , and Bike to Work Week is held the third week of May, with Bike to Work Day held on that Friday; and

WHEREAS, the City of Richmond’s General Plan 2030 and Health in all Policies Strategy supports and encourages the use of non-motorized transportation and the promotion of bikes as a viable alternative form of transportation when compared to cars and motorized vehicles; and

WHEREAS, the City of Richmond continues to improve bike and pedestrian infrastructure through projects funded by various grant programs, ensuring that the goals of promoting active transportation continue to be advanced , and as a result, more Richmond residents have improved access to s afer bike routes and can choose to ride bikes instead of driving cars, making Richmond a healthier, safer, and more enjoyable place to live, work, and grow; and

WHEREAS, the City of Richmond recognizes the hard work from community groups such as Rich City Rides, the Richmond Bicycle/Pedestrian Advisory Committee, and Bike East Bay to ensure that community members are well equipped to take advantage of a more bike-friendly city; and

WHEREAS, after two years of the pandemi c, Bike to Wherever Day, formally Bike to Work Day, is returning on May 20, where over 20,000 East Bay residents will pedal to visit over 100 Energizer Stations to grab a free goodie bag and celebrate the joy of biking everywhere; and

WHEREAS, the City of Richmond, the Richmond Bicycle/Pedestrian Advisory Committee , Rich City Rides, SunPower, and Columbia Sportswear are hosting five energizer stations from 7:00 to 9:00 am at Marina Park, the Richmond BART Station, the Richmond Ferry Terminal, Un ity Park, and at the intersection of Macdonald Avenue and Key Boulevard.

NOW, THEREFORE BE IT RESOLVED , that the Richmond City Council do es hereby declare May 2022 as Bike Month in the City of Richmond and encourages community members to pledge to ride at https://bikeeastbay.org/events/bike-wherever-day-2022.

___________________________
Mayor Tom Butt
City of Richmond, California
May 3, 2022

May 3, 2022

Police Department

DATE: May 3, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Louie Tirona, Acting Chief of Police
Subject:

Proposed Standing Purchase Order with LN Curtis and
Sons
FINANCIAL IMPACT: The anticipated expenditures would be spread out over three budget cycles and will be budgeted for accordingly.

Funding for this year’s anticipated expenditures is
included in the Police Department’s budget, primarily
under accounts 01191021-400381, 01191021-400384,
and 01191021-400603.

PREVIOUS COUNCIL
ACTION:

n/a

STATEMENT OF THE
ISSUE:

The Police Department is seeking to establish a standing purchase order with LN Curtis and Sons to provide police tools and equipment, police uniforms, and safety supplies (including personal protective equipment).

RECOMMENDED ACTION:

APPROVE a standing purchase order with LN Curtis and
Sons to purchase police tools, equipment, uniforms, and safety supplies, in a total amount not to exceed $70,000, for a term of three years beginning May 1, 2022, through April 30, 2025, with the option of an additional one (1) year extension – Police Department (Louie Tirona 510-
621-1802).

AGENDA
REPORT

May 3, 2022
DISCUSSION:

It is extremely time consuming and costly to issue a competitive solicitation for police and safety equipment each time a purchase needs to be made. Additionally, personal protective equipment for police officers needs to remain standard across the department. City staff is recommending a standing purchase order with LN Curtis & Sons (also known as Curtis Blue Line) for products suited for law enforcement personnel based on the Master Price Agreement (MPA) entered into on March 9, 2020, between the vendor and the Public Procurement Authority (PPA), a public entity in Oregon. The MPA is valid for a three (3) year period, which may be extended up to three (3) additional one (1) year periods.

The PPA issued a competitive solicitation for law enforcement equipment, as the lead public agency through National Purchasing Partners, Government Division, a national cooperative procurement organization. This purchase is in compliance with the Richmond Municipal Code Section 2.52.328, Cooperative Procurement, which allows for the City to use cooperative solicitations if it is in the best interest of the City of Richmond.

The City of Richmond’s utilization of the Master Price Agreement with the PPA eliminates the cost associated with obtaining multiple solicitations throughout the year and reduces the lead-time in obtaining crucial equipment.

DOCUMENTS ATTACHED:

Attachment 1 – POLICE MPA-2010-LOC-and-Curtis-Blue-Line-A6-EXECUTED Attachment 2 – RFP_no.2010_Law Enforcement Equipment
Attachment 3 – Law-Enforcement-Equipment-RFP-2010-Synopsis

Master Price Agreement
between
League of Oregon Cities and Curtis Blue Line
Contact Number PS20275
for

LAW ENFORCEMENT EQUIPMENT

Effective May 26, 2020

Fifth Amendment to Master Price Agreement for

LAW ENFORCEMENT EQUIPMENT

Product Line Discount Off List Change

This Amendment to the Master Price Agreement is entered into this 24th day of January 2022 by LEAGUE OF OREGON CITIES LOC (“Purchaser”) and CURTIS BLUE LINE (“Vendor”) based upon the sales and/or service of LAW ENFORCEMENT EQUIPMENT.

RECITALS
WHEREAS, Purchaser and Vendor entered into a Master Price Agreement numbered PS20275 on or about May 26, 2020 and by this reference incorporated herein; and

WHEREAS, Purchaser and Vendor entered into the First Amendment to the Master Price Agreement on or about April 27, 2021 and by this reference incorporated herein; and

WHEREAS, Purchaser and Vendor entered into the Second Amendment to the Master Price Agreement on or about July 15, 2021 and by this reference incorporated herein; and

WHEREAS, Purchaser and Vendor entered into the Third Amendment to the Master Price Agreement on or about October 27, 2021 and by this reference incorporated herein; and

WHEREAS, Purchaser and Vendor entered into the Fourth Amendment to the Master Price Agreement on or about December 17, 2021 and by this reference incorporated herein; and

WHEREAS, due to a change in relationship between Vendor and the supplier, Vendor desires to update the discount off list percentage for the Blauer product line as permitted under the terms of the Master Price Agreement; and

WHEREAS, Vendor has provided notice, on or about January 21, 2022, to update the discount off list percentage from 30% to 10% for the Blauer product line in the Master Price Agreement; and

WHEREAS, Purchaser and Vendor desire that the Master Price Agreement shall be amended in part to reflect the change to the Blauer discount off list percentage.

NOW, THEREFORE, Purchaser and Vendor enter into the following:

DocuSign Envelope ID: EC032D8F-D2D4-4F4B-A806-F1A3AF4BD1C8

AMENDMENT TO MASTER PRICE AGREEMENT

1. Product Line Discount Off List Change. Attachment A to the Master Price Agreement shall be amended in part to reflect the following discount off list change:

ATTACHMENT A
to Master Price Agreement by and between VENDOR and PURCHASER.

PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES

Supplier Product Old Discount
Off List
New Discount
Off List Contract (Product) Category
Blauer Traffic Safety & Control
Equipment
30% 10% LE Category 1J. Equipment
Blauer Uniforms 30% 10% LE Category 2B. Uniforms and Accessories

DocuSign Envelope ID: EC032D8F-D2D4-4F4B-A806-F1A3AF4BD1C8

3 2. Full Force and Effect . In each and every other respect, the terms of the Master Price Agreement, as amended, entered into between the parties on or about May 26, 2020 shall remain in full force and effect during the term of the agreement and the parties hereto hereby ratify said Master Price Agreement in its entirety, as if fully set out herein, along with the modifications identified herein.

IN WITNESS WHEREOF, the parties have hereto signed this Amendment on the day and year first above written.

LEAGUE OF OREGON CITIES

_______________________________ Date _________________________ BY:

ITS:

CURTIS BLUE LINE

_______________________________ Date _________________________ BY:

ITS:

DocuSign Envelope ID: EC032D8F-D2D4-4F4B-A806-F1A3AF4BD1C8 Nick Lawrence
January 24, 2022 | 2:57 PM PST
Director, Special Programs
Interim Executive Director and General Counsel
Patty Mulvihull
January 24, 2022 | 3:18 PM PST

Certificate Of Completion
Envelope Id: EC032D8FD2D44F4BA806F1A3AF4BD1C8
Status: Completed
Subject: Please DocuSign: Amendment 5 MPA 2010 Curtis Blue Line FINAL.pdf Source Envelope:

Document Pages: 3
Signatures: 2
Envelope Originator:

Certificate Pages: 5
Initials: 0
Marshall Stiles
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
17930 International Boulevard
Suite 900
SeaTac, WA 98188
[email protected]
IP Address: 98.232.37.85
Record Tracking
Status: Original
1/24/2022 10:28:47 AM
Holder: Marshall Stiles
[email protected]
Location: DocuSign
Signer Events
Signature
Timestamp
Nick Lawrence
[email protected]
Director, Special Programs
Security Level: Email, Account Authentication
(None)

Signature Adoption: Pre-selected Style
Using IP Address: 98.210.40.139
Signed using mobile
Sent: 1/24/2022 10:30:41 AM
Viewed: 1/24/2022 2:57:21 PM
Signed: 1/24/2022 2:57:38 PM
Electronic Record and Signature Disclosure:

Accepted: 2/28/2021 11:14:32 AM
ID: d2de056e-6274-4ce9-9bf6-54087ad6e5a6
Patty Mulvihull
[email protected]
Interim Executive Director and General Counsel
Security Level: Email, Account Authentication
(None)

Signature Adoption: Pre-selected Style
Using IP Address: 65.152.168.162
Sent: 1/24/2022 2:57:38 PM
Viewed: 1/24/2022 3:18:19 PM
Signed: 1/24/2022 3:18:43 PM
Electronic Record and Signature Disclosure:

Accepted: 1/24/2022 3:18:19 PM
ID: c3a1d85a-9d7f-4a1e-a703-5d4adf7eaa6a
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Electronic Record and Signature Disclosure

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, National Purchasing Partners (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 12/29/2020 5:54:29 AM Parties agreed to: Nick Lawrence, Patty Mulvihull

Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact National Purchasing Partners:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected]

To advise National Purchasing Partners of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from National Purchasing Partners To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with National Purchasing Partners To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:

i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
 You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
 Until or unless you notify National Purchasing Partners as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by National Purchasing Partners during the course of your relationship with National Purchasing Partners.

Fourth Amendment to Master Price Agreement for

LAW ENFORCEMENT EQUIPMENT

Product Addition, Product Subtraction and Supplier Name Change

This Amendment to the Master Price Agreement is entered into this 14th day of December, 2021 by LEAGUE OF OREGON CITIES LOC (“Purchaser”) and CURTIS BLUE LINE (“Vendor”) based upon the sales and/or service of LAW ENFORCEMENT EQUIPMENT.

RECITALS
WHEREAS, Purchaser and Vendor entered into a Master Price Agreement numbered PS20275 on or about May 26, 2020 and by this reference incorporated herein; and

WHEREAS, Purchaser and Vendor entered into the First Amendment to the Master Price Agreement on or about April 27, 2021 and by this reference incorporated herein; and

WHEREAS, Purchaser and Vendor entered into the Second Amendment to the Master Price Agreement on or about July 15, 2021 and by this reference incorporated herein; and

WHEREAS, Purchaser and Vendor entered into the Third Amendment to the Master Price Agreement on or about October 27, 2021 and by this reference incorporated herein; and

WHEREAS, Vendor desires to add four new product lines to the price list as permitted under the terms of the Master Price Agreement; and

WHEREAS, Vendor desires to remove the Sig Sauer product line from the price list as permitted under the terms of the Master Price Agreement; and

WHEREAS, due to the acquisition of the supplier, Vendor desires to update the supplier name Monadnock / Safariland to Defense Technology in the price list of the Master Price Agreement; and

WHEREAS, on or about November 24, 2021, Vendor has provided notice of these changes to the price list in the Master Price Agreement; and

WHEREAS, Purchaser and Vendor desire that the Master Price Agreement shall be amended in part to reflect the product line addition, the product line subtraction, and the supplier’s name change.

NOW, THEREFORE, Purchaser and Vendor enter into the following:

DocuSign Envelope ID: 2A049BD5-CAB8-4AE7-9C79-31769C177D0C

AMENDMENT TO MASTER PRICE AGREEMENT

1. Product Addition. Attachment A to the Master P rice Agreement shall be amended in part to reflect the addition of the following products:

ATTACHMENT A
to Master Price Agreement by and between VENDOR and PURCHASER.

PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES

Supplier Product Discount Off List Contract (Product) Category Cornerstone Uniforms and Tactical Wear 10% LE Category 2A. Uniforms and Accessories Hardwire Body Armor 10% LE Category 1A. Equipment
Elbit Surveillance Equipment Net LE Category 1E. Equipment Invisio Communications Equipment 5% LE Category 1I. Equipment

DocuSign Envelope ID: 2A049BD5-CAB8-4AE7-9C79-31769C177D0C

3 2. Product Subtraction. Attachment A to the Master Price Agreement shall be amended in part to reflect the removal of the following product:

ATTACHMENT A
to Master Price Agreement by and between VENDOR and PURCHASER.

PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES

Supplier Product Discount Off
List Contract (Product) Category
Sig Sauer Ammunition & training ammunition Net LE Category 3C. Weapons and Ammunition

DocuSign Envelope ID: 2A049BD5-CAB8-4AE7-9C79-31769C177D0C

4 3. Supplier Name Change. Attachment A to the Master Price Agreement shall be amended in part to reflect the following supplier name change:

ATTACHMENT A
to Master Price Agreement by and between VENDOR and PURCHASER.

PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES

Old Supplier Name New Supplier Name Product Discount
Off List Contract (Product) Category
Monadnock / Safariland Defense Technology Uniforms and Tactical Wear 15% LE Category 1B. Equipment Monadnock / Safariland Defense Technology Uniforms and Tactical Wear Net LE Category 1D. Equipment DocuSign Envelope ID: 2A049BD5-CAB8-4AE7-9C79-31769C177D0C

5 4. Full Force and Effect . In each and every other respect, the terms of the Master Price Agreement, as amended, entered into between the parties on or about May 26, 2020 shall remain in full force and effect during the term of the agreement and the parties hereto hereby ratify said Master Price Agreement in its entirety, as if fully set out herein, along with the modifications identified herein.

IN WITNESS WHEREOF , the parties have hereto signed this Amendment on the day and year first above written.

LEAGUE OF OREGON CITIES

_______________________________ Date _________________________ BY:

ITS:

CURTIS BLUE LINE

_______________________________ Date _________________________ BY:

ITS:

DocuSign Envelope ID: 2A049BD5-CAB8-4AE7-9C79-31769C177D0C Director, Special Programs
Nick Lawrence
December 17, 2021 | 12:38 AM PST
Mike Cully
December 17, 2021 | 7:34 AM PST
Executive Director

Third Amendment to Master Price Agreement for

LAW ENFORCEMENT EQUIPMENT

Product Line Addition

This Amendment to the Master Price Agreement is entered into this 26th day of October 2021 by LEAGUE OF OREGON CITIES LOC (“Purchaser”) and CURTIS BLUE LINE (“Vendor”) based upon the sales and/or service of LAW ENFORCEMENT EQUIPMENT.

RECITALS
WHEREAS, Purchaser and Vendor entered into a Master Price Agreement numbered PS20275 on or about May 26, 2020 and by this reference incorporated herein; and

WHEREAS, Purchaser and Vendor entered into the First Amendment to the Master Price Agreement on or about April 27, 2021 and by this reference incorporated herein; and

WHEREAS, Purchaser and Vendor entered into the Second Amendment to the Master Price Agreement on or about July 15, 2021 and by this reference incorporated herein; and

WHEREAS, Vendor desires to add a new product to the price list as permitted under the terms of the Master Price Agreement; and

WHEREAS, Vendor has provided notice, on or about October 26, 2021, to add the Damascus brand protective gear to the price list in the Master Price Agreement; and

WHEREAS, Purchaser and Vendor desire that the Master Price Agreement shall be amended in part to reflect the product line addition.

NOW, THEREFORE, Purchaser and Vendor enter into the following:

DocuSign Envelope ID: 44854D9D-6CBA-4E58-B8C3-CD7E88CA9B44

AMENDMENT TO MASTER PRICE AGREEMENT

1. Product Addition. Attachment A to the Master P rice Agreement shall be amended in part to reflect the following product addition:

ATTACHMENT A
to Master Price Agreement by and between VENDOR and PURCHASER.

PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES

Supplier Product Discount Off List Contract (Product) Category Damascus Protective Gear 10% LE Category 1B. Equipment

DocuSign Envelope ID: 44854D9D-6CBA-4E58-B8C3-CD7E88CA9B44

3 2. Full Force and Effect . In each and every other respect, the terms of the Master Price Agreement, as amended, entered into between the parties on or about May 26, 2020 shall remain in full force and effect during the term of the agreement and the parties hereto hereby ratify said Master Price Agreement in its entirety, as if fully set out herein, along with the modifications identified herein.

IN WITNESS WHEREOF , the parties have hereto signed this Amendment on the day and year first above written.

LEAGUE OF OREGON CITIES

_______________________________ Date _________________________ BY:

ITS:

CURTIS BLUE LINE

_______________________________ Date _________________________ BY:

ITS:

DocuSign Envelope ID: 44854D9D-6CBA-4E58-B8C3-CD7E88CA9B44 Nick Lawrence
October 27, 2021 | 9:56 AM PDT
Director, Special Programs
October 27, 2021 | 9:58 AM PDT
Mike Cully
Executive Director

Second Amendment to Master Price Agreement for

LAW ENFORCEMENT EQUIPMENT

Product Line Addition and Discount Update

This Amendment to the Master Price Agreement is entered into this 15th day of July, 2021 by LEAGUE OF OREGON CITIES LOC (“Purchaser”) and CURTIS BLUE LINE (“Vendor”) based upon the sales and/or service of LAW ENFORCEMENT EQUIPMENT.

RECITALS
WHEREAS, Purchaser and Vendor entered into a Master Price Agreement numbered PS20275 on or about May 26, 2020 and by this reference incorporated herein; and

WHEREAS, Purchaser and Vendor entered into the First Amendment to the Master Price Agreement on or about April 27, 2021 and by this reference incorporated herein; and

WHEREAS, Vendor desires to add two new products to the product catalog as permitted under the terms of the Master Price Agreement; and

WHEREAS, Due to a supplier change to the MSRP, Vendor desires to decreases the discount off list percentage for two Blauer products as permitted under the terms of the Master Price Agreement; and

WHEREAS, Vendor has provided notice, on or about June 10, 2021, to update the product catalog with the Paulsen product addition and new discount off list changes in the Master Price Agreement; and

WHEREAS, Vendor has provided notice, on or about July 13, 2021, to update the product catalog with the First Tactical product addition in the Master Price Agreement; and

WHEREAS, Purchaser and Vendor desire that the Master Price Agreement shall be amended in part to reflect the product line addition and discount changes.

NOW, THEREFORE, Purchaser and Vendor enter into the following:

DocuSign Envelope ID: DAA7ADCA-D8B4-469A-BB84-CD439538B51B

AMENDMENT TO MASTER PRICE AGREEMENT

1. Product Addition. Attachment A to the Master P rice Agreement shall be amended in part to reflect the following product additions:

ATTACHMENT A
to Master Price Agreement by and between VENDOR and PURCHASER.

PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES

Supplier Product Discount Off List Contract (Product) Category Paulsen Protective Gear 20% LE Category 1B. Equipment
First Tactical Uniforms & Tactical Wear 20% LE Category 2B. Uniforms and Accessories

DocuSign Envelope ID: DAA7ADCA-D8B4-469A-BB84-CD439538B51B

3 2. Discount Change. Attachment A to the Master P rice Agreement shall be amended in part to reflect the following change in discounts:

ATTACHMENT A
to Master Price Agreement by and between VENDOR and PURCHASER.

PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES

Supplier Product Old Discount
Off List
New Discount
Off List Contract (Product) Category
Blauer Traffic Safety & Control Equipment 30% 2% LE Category 1J. Equipment Blauer Uniforms 30% 2% LE Category 2B. Uniforms and Accessories DocuSign Envelope ID: DAA7ADCA-D8B4-469A-BB84-CD439538B51B

4 2. Full Force and Effect . In each and every other respect, the terms of the Master Price Agreement, as amended, entered into between the parties on or about May 26, 2020 shall remain in full force and effect during the term of the agreement and the parties hereto hereby ratify said Master Price Agreement in its entirety, as if fully set out herein, along with the modifications identified herein.

IN WITNESS WHEREOF , the parties have hereto signed this Amendment on the day and year first above written.

LEAGUE OF OREGON CITIES

_______________________________ Date _________________________ BY:

ITS:

CURTIS BLUE LINE

_______________________________ Date _________________________ BY:

ITS:

DocuSign Envelope ID: DAA7ADCA-D8B4-469A-BB84-CD439538B51B Director, Special Programs
July 15, 2021 | 8:36 PM PDT
Nick Lawrence
Mike Cully
July 16, 2021 | 8:36 AM PDT
Executive Director

First Amendment to Master Price Agreement for

LAW ENFORCEMENT EQUIPMENT

Product Line Addition

This Amendment to the Master Price Agreement is entered into this _____ day of April, 2021 by LEAGUE OF OREGON CITIES LOC (“Purchaser”) and CURTIS BLUE LINE (“Vendor”) based upon the sales and/or service of LAW ENFORCEMENT EQUIPMENT.

RECITALS
WHEREAS, Purchaser and Vendor entered into a Master Price Agreement numbered PS20275 on or about May 26, 2020 and by this reference incorporated herein; and

WHEREAS, Vendor desires to add two products to the product catalog as permitted under the terms of the Master Price Agreement; and

WHEREAS, Vendor has provided notice, on or about April 23, 2021, to add Avon Body Armor and Avon Tactical Equipment in the Master Price Agreement; and

WHEREAS, Purchaser and Vendor desire that the Master Price Agreement shall be amended in part to reflect the product line additions.

NOW, THEREFORE, Purchaser and Vendor enter into the following:

DocuSign Envelope ID: 6921706E-2CAB-4DD0-A0B0-6B35647F424E 27

AMENDMENT TO MASTER PRICE AGREEMENT

1. Product Addition. Attachment A to the Master P rice Agreement shall be amended in part to reflect the following product additions:

Brand Product Description Discount Off List Category Number Avon Body Armor (Ballistic Helmets) 20% 1A
Avon Tactical Equipment (Protective Masks) 10% 1H
DocuSign Envelope ID: 6921706E-2CAB-4DD0-A0B0-6B35647F424E

3 2. Full Force and Effect . In each and every other respect, the terms of the Master Price Agreement, as amended, entered into between the parties on or about May 26, 2020 shall remain in full force and effect during the term of the agreement and the parties hereto hereby ratify said Master Price Agreement in its entirety, as if fully set out herein, along with the modifications identified herein.

IN WITNESS WHEREOF , the parties have hereto signed this Amendment on the day and year first above written.

LEAGUE OF OREGON CITIES

_______________________________ Date _________________________ BY:

ITS:

CURTIS BLUE LINE

_______________________________ Date _________________________ BY:

ITS:

DocuSign Envelope ID: 6921706E-2CAB-4DD0-A0B0-6B35647F424E April 27, 2021 | 3:34 PM PDT
Executive Director
Mike Cully
April 27, 2021 | 4:39 PM PDT
Nick Lawrence
Director, Special Programs

LEAGUE OF OREGON CITIES

MASTER PRICE AGREEMENT

This Master Price Agreement is effective as of the date of the last signature below (the “Effective Date”) by and between the LEAGUE OF OREGON CITIES, an Oregon public corporation under ORS Chapter 190 (“LOC” or “Purchaser”) and CURTIS BLUE LINE (“Vendor”).

RECITALS

WHEREAS, the Vendor is in the business of selling certain LAW ENFORCEMENT EQUIPMENT, as further described herein; and

WHEREAS, the Vendor desires to sell and the Purchaser desires to purchase certain products and related services all upon and subject to the terms and conditions set forth herein; and

WHEREAS, through a solicitation for LAW ENFORCEMENT EQUIPMENT the Vendor was awarded the opportunity to complete a Master Price Agreement with the LEAGUE OF OREGON CITIES as a result of its response to Request for Proposal No. 2010 for LAW ENFORCEMENT EQUIPMENT; and

WHEREAS, the LEAGUE OF OREGON CITIES asserts that the solicitation and Request for Proposal meet Oregon public contracting requirements (ORS 279, 279A, 279B and 279C et. seq.); and

WHEREAS, Purchaser and Vendor desire to extend the terms of this Master Price Agreement to benefit other qualified government members of National Purchasing Partners, LLC dba Public Safety GPO, dba First Responder GPO, dba Law Enforcement GPO and dba NPPGov;

NOW, THEREFORE, Vendor and Purchaser, intending to be legally bound, hereby agree as follows:

ARTICLE 1 – CERTAIN DEFINITIONS

1.1 “Agreement” shall mean this Master Price Agreement, including the main body of this Agreement and Attachments A-F attached hereto and by this reference incorporated herein, including Purchaser’s Request for Proposal No. 2010 (herein “RFP”) and Vendor’s Proposal submitted in response to the RFP (herein “Vendor’s Proposal”) as referenced and incorporated herein as though fully set forth (sometimes referred to collectively as the “Contract Documents”).

1.2 “Applicable Law(s)” shall mean all applicable federal, state and local laws, statutes, ordinances, codes, rules, regulations, standards, orders and other governmental requirements of any kind.

1.3 “Employee Taxes” shall mean all taxes, assessments, charges and other amounts whatsoever payable in respect of, and measured by the wages of, the Vendor’s employees (or subcontractors), as required by the Federal Social Security Act and all amendments thereto and/or any other applicable federal, state or local law.

1.4 “Purchaser’s Destination” shall mean such delivery location(s) or destination(s) as Purchaser may prescribe from time to time.

DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDEC

2 1.5 “Products and Services” shall mean the products and/or services to be sold by Vendor hereunder as identified and described on Attachment A hereto and incorporated herein, as may be updated from time to time by Vendor to reflect products and/or services offered by Vendor generally to its customers.

1.6 “Purchase Order” shall mean any authorized written order for Products and Services sent by Purchaser to Vendor via mail, courier, overnight delivery service, email, fax and/or other mode of transmission as Purchaser and Vendor may from time to time agree.

1.7 “Unemployment Insurance” shall mean the contribution required of Vendor, as an employer, in respect of, and measured by, the wages of its employees (or subcontractors) as required by any applicable federal, state or local unemployment insurance law or regulation.

1.8 “National Purchasing Partners” or “(NPP)” is a subsidiary of two nonprofit health care systems.

The Government Division of NPP, hereinafter referred to as “NPPGov”, provides group purchasing marketing and administrative support for governmental entities within the membership. NPPGov’s membership includes participating public entities across North America.

1.9 “Lead Contracting Agency” shall mean the LEAGUE OF OREGON CITIES, which is the governmental entity that issued the Request for Proposal and awarded this resulting Master Price Agreement.

1.10 “Participating Agencies” shall mean members of National Purchasing Partners for which Vendor has agreed to extend the terms of this Master Price Agreement pursuant to Article 2.6 and Attachment C herein. For purposes of cooperative procurement, “Participating Agency” shall be considered “Purchaser” under the terms of this Agreement.

1.11 “Party” and “Parties” shall mean the Purchaser and Vendor individually and collectively as applicable.

ARTICLE 2 – AGREEMENT TO SELL

2.1 Vendor hereby agrees to sell to Purchaser such Products and Services as Purchaser may order from time to time by Purchase Order, all in accordance with and subject to the terms, covenants and conditions of this Agreement. Purchaser agrees to purchase those Products and Services ordered by Purchaser by Purchase Order in accordance with and subject to the terms, covenants and conditions of this Agreement.

2.2 Vendor may add additional products and services to the contract provided that any additions reasonably fall within the intent of the original RFP specifications. Pricing on additions shall be equivalent to the percentage discount for other similar products. Vendor may provide a web-link with current product listings, which may be updated periodically, as allowed by the terms of the resulting Master Price Agreement.

Vendor may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products may be added to avoid competitive procurement requirements. LOC may reject any additions without cause.

2.3 All Purchase Orders issued by Purchaser to Vendor for Products during the term (as hereinafter defined) of this Agreement are subject to the provisions of this Agreement as though fully set forth in such Purchase Order. The Vendor retains authority to negotiate above and beyond the terms of this Agreement to meet the Purchaser or Vendor contract requirements. In the event that the provisions of this Agreement conflict with any Purchase Order issued by Purchaser to Vendor, the provisions of this Agreement shall DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDEC

3 govern. No other terms and conditions, including, but not limited to, those contained in Vendor’s standard printed terms and conditions, on Vendor’s order acknowledgment, invoices or otherwise, shall have any application to or effect upon or be deemed to constitute an amendment to or to be incorporated into this Agreement, any Purchase Order, or any transactions occurring pursuant hereto or thereto, unless this Agreement shall be specifically amended to adopt such other terms and conditions in writing by the Parties.

2.4 Notwithstanding any other provision of this Agreement to the contrary, the Lead Contracting Agency shall have no obligation to order or purchase any Products and Services hereunder and the placement of any Purchase Order shall be in the sole discretion of the Participating Agencies. This Agreement is not exclusive. Vendor expressly acknowledges and agrees that Purchaser may purchase at its sole discretion, Products and Services that are identical or similar to the Products and Services described in this Agreement from any third party.

2.5 In case of any conflict or inconsistency between any of the Contract Documents, the documents shall prevail and apply in the following order of priority:

(i) This Agreement;
(ii) The RFP;
(iii) Vendor’s Proposal;

2.6 Extension of contract terms to Participating Agencies:

2.6.1 Vendor agrees to extend the same terms, covenants and conditions available to Purchaser under this Agreement to Participating Agencies, that have executed an Intergovernmental Cooperative Purchasing Agreement (“IGA”) as may be required by each Participating Agency’s local laws and regulations, in accordance with Attachment C. Each Participating Agency will be exclusively responsible for and deal directly with Vendor on matters relating to ordering, delivery, inspection, acceptance, invoicing, and payment for Products and Services in accordance with the terms and conditions of this Agreement as if it were “Purchaser” hereunder. Any disputes between a Participating Agency and Vendor will be resolved directly between them under and in accordance with the laws of the State in which the Participating Agency exists. Pursuant to the IGA, the Lead Contracting Agency shall not incur any liability as a result of the access and utilization of this Agreement by other Participating Agencies.

2.6.2 This Solicitation meets the public contracting requirements of the Lead Contracting Agency and may not be appropriate under or meet Participating Agencies’ procurement laws.

Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements.

2.6.3 Vendor acknowledges execution of a Vendor Administration Fee Agreement with NPPGov, pursuant to the terms of the RFP.

2.7 Oregon Public Agencies are prohibited from use of Products and Services offered under this Agreement that are already provided by qualified nonprofit agencies for disabled individuals as listed on the Department of Administrative Service’s Procurement List (“Procurement List”) pursuant to ORS 279.835-.855.

See www.OregonRehabilitation.org/qrf for more information. Vendor shall not sell products and services identified on the Procurement List (e.g., reconditioned toner cartridges) to Purchaser or Participating Agencies within the state of Oregon.

DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDEC

4 ARTICLE 3 – TERM AND TERMINATION

3.1 The initial contract term shall be for three (3) calendar years from the Effective Date of this Agreement (“Initial Term”). Upon termination of the original three (3) year term, this Agreement shall automatically extend for up to three (3) successive one (1) year periods; (each a “Renewal Term”); provided, however, that the Lead Contracting Agency and/or the Vendor may opt to decline extension of the MPA by providing notification in writing at least thirty (30) calendar days prior to the annual automatic extension anniversary of the Initial Term.

3.2 Either Vendor or the Lead Contracting Agency may terminate this Agreement by written notice to the other party if the other Party breaches any of its obligations hereunder and fails to remedy the breach within thirty (30) days after receiving written notice of such breach from the non-breaching party.

ARTICLE 4 – PRICING, INVOICES, PAYMENT AND DELIVERY

4.1 Purchaser shall pay Vendor for all Products and Services ordered and delivered in compliance with the terms and conditions of this Agreement at the pricing specified for each such Product and Service on Attachment A, including shipping. Unless Attachment A expressly provides otherwise, the pricing schedule set forth on Attachment A hereto shall remain fixed for the Initial Term of this Agreement; provided that manufacturer pricing is not guaranteed and may be adjusted based on the next manufacturer price increase.

Pricing contained in Attachment A shall be extended to all NPPGov, Public Safety GPO, First Responder GPO and Law Enforcement GPO members upon execution of the IGA.

4.2 Vendor shall submit original invoices to Purchaser in form and substance and format reasonably acceptable to Purchaser. All invoices must reference the Purchaser’s Purchase Order number, contain an itemization of amounts for Products and Services purchased during the applicable invoice period and any other information reasonably requested by Purchaser, and must otherwise comply with the provisions of this Agreement. Invoices shall be addressed as directed by Purchaser.

4.3 Unless otherwise specified, Purchaser is responsible for any and all applicable sales taxes.

Attachment A or Vendor’s Proposal (Attachment D) shall specify any and all other taxes and duties of any kind which Purchaser is required to pay with respect to the sale of Products and Services covered by this Agreement and all charges for packing, packaging and loading.

4.4 Except as specifically set forth on Attachments A and F, Purchaser shall not be responsible for any additional costs or expenses of any nature incurred by Vendor in connection with the Products and Services, including without limitation travel expenses, clerical or administrative personnel, long distance telephone charges, etc. (“Incidental Expenses”).

4.5 Price reductions or discount increases may be offered at any time during the contract term and shall become effective upon notice of acceptance from Purchaser.

4.6 Notwithstanding any other agreement of the Parties as to the payment of shipping/delivery costs, and subject to Attachments A, D, and F herein, Vendor shall offer delivery and/or shipping costs prepaid FOB Destination. If there are handling fees, these also shall be included in the pricing.

4.7 Unless otherwise directed by Purchaser for expedited orders, Vendor shall utilize such common carrier for the delivery of Products and Services as Vendor may select; provided, however, that for expedited orders Vendor shall obtain delivery services hereunder at rates and terms not less favorable than those paid by Vendor for its own account or for the account of any other similarly situated customer of Vendor.

DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDEC

5 4.8 Vendor shall have the risk of loss of or damage to any Products until delivery to Purchaser.

Purchaser shall have the risk of loss of or damage to the Products after delivery to Purchaser. Title to Products shall not transfer until the Products have been delivered to and accepted by Purchaser at Purchaser’s Destination.

ARTICLE 5 – INSURANCE

5.1 During the term of this Agreement, Vendor shall maintain at its own cost and expense (and shall cause any subcontractor to maintain) insurance policies providing insurance of the kind and in the amounts generally carried by reasonably prudent manufacturers in the industry, with one or more reputable insurance companies licensed to do business in Oregon and any other state or jurisdiction where Products and Services are sold hereunder. Such certificates of insurance shall be made available to the Lead Contracting Agency upon 48 hours’ notice. BY SIGNING THE AGREEMENT PAGE THE VENDOR AGREES TO THIS

REQUIREMENT AND FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN CANCELLATION OF THIS MASTER PRICE AGREEMENT.

5.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of this Agreement is satisfactorily completed and formally accepted.

Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the Lead Contracting Agency. The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to the Lead Contracting Agency under such policies. Vendor shall be solely responsible for the deductible and/or self-insured retention and the Lead Contracting Agency, at its option, may require Vendor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit.

5.3 Vendor shall carry Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Vendor’s employees engaged in the performance of the work or services, as well as Employer’s Liability insurance. Vendor waives all rights against the Lead Contracting Agency and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Vendor pursuant to this Agreement.

5.4 Insurance required herein shall not be permitted to expire, be canceled, or materially changed without thirty days (30 days) prior written notice to the Lead Contracting Agency.

ARTICLE 6 – INDEMNIFICATION AND HOLD HARMLESS

6.1 Vendor agrees that it shall indemnify, defend and hold harmless Lead Contracting Agency, its respective officials, directors, employees, members and agents (collectively, the “Indemnitees”), from and against any and all damages, claims, losses, expenses, costs, obligations and liabilities (including, without limitation, reasonable attorney’s fees), suffered directly or indirectly by any of the Indemnitees to the extent of, or arising out of, (i) any breach of any covenant, representation or warranty made by Vendor in this Agreement, (ii) any failure by Vendor to perform or fulfill any of its obligations, covenants or agreements set forth in this Agreement, (iii) the negligence or intentional misconduct of Vendor, any subcontractor of Vendor, or any of their respective employees or agents, (iv) any failure of Vendor, its subcontractors, or their respective employees to comply with any Applicable Law, (v) any litigation, proceeding or claim by any third party relating in any way to the obligations of Vendor under this Agreement or Vendor’s performance under this Agreement, (vi) any Employee Taxes or Unemployment Insurance, or (vii) any claim alleging that the DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDEC

6 Products and Services or any part thereof infringe any third party’s U.S. patent, copyright, trademark, trade secret or other intellectual property interest. Such obligation to indemnify shall not apply where the damage, claim, loss, expense, cost, obligation or liability is due to the breach of this Agreement by, or negligence or willful misconduct of, Lead Contracting Agency or its officials, directors, employees, agents or contractors.

The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. The indemnity obligations of Vendor under this Article shall survive the expiration or termination of this Agreement for two years.

6.2 LIMITATION OF LIABILITY: IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY

SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION

WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR

INJURIES TO PERSONS OR TO PROPERTY OR LOSS OF PROFITS OR LOSS OF FUTURE BUSINESS

OR REPUTATION, WHETHER BASED ON TORT OR BREACH OF CONTRACT OR OTHER BASIS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.3 The same terms, conditions and pricing of this Agreement may be extended to government members of National Purchasing Partners, LLC. In the event the terms of this Agreement are extended to other government members, each government member (procuring party) shall be solely responsible for the ordering of Products and Services under this Agreement. A non-procuring party shall not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold non- procuring parties or unrelated purchasing parties harmless from any liability that may arise from action or inaction of the procuring party.

ARTICLE 7 – WARRANTIES

Purchaser shall refer to Vendor’s Proposal for all Vendor and manufacturer express warranties, as well as those warranties provided under Attachment B herein.

ARTICLE 8 - INSPECTION AND REJECTION

8.1 Purchaser shall have the right to inspect and test Products at any time prior to shipment, and within a reasonable time after delivery to the Purchaser’s Destination. Products not inspected within a reasonable time after delivery shall be deemed accepted by Purchaser. The payment for Products shall in no way impair the right of Purchaser to reject nonconforming Products, or to avail itself of any other remedies to which it may be entitled.

8.2 If any of the Products are found at any time to be defective in material or workmanship, damaged, or otherwise not in conformity with the requirements of this Agreement or any applicable Purchase Order, as its exclusive remedy, Purchaser may at its option and at Vendor’s sole cost and expense, elect either to (i) return any damaged, non-conforming or defective Products to Vendor for correction or replacement, or (ii) require Vendor to inspect the Products and remove or replace damaged, non-conforming or defective Products with conforming Products. If Purchaser elects option (ii) in the preceding sentence and Vendor fails promptly to make the necessary inspection, removal and replacement, Purchaser, at its option, may inspect the Products and Vendor shall bear the cost thereof. Payment by Purchaser of any invoice shall not constitute acceptance of the Products covered by such invoice, and acceptance by Purchaser shall not relieve Vendor of its warranties or other obligations under this Agreement.

8.3 The provisions of this Article shall survive the expiration or termination of this Agreement.

DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDEC

7 ARTICLE 9 – SUBSTITUTIONS

Except as otherwise permitted hereunder, Vendor may not make any substitutions of Products, or any portion thereof, of any kind without the prior written consent of Purchaser.

ARTICLE 10 - COMPLIANCE WITH LAWS

10.1 Vendor agrees to comply with all Applicable Laws and at Vendor’s expense, secure and maintain in full force during the term of this Agreement, all licenses, permits, approvals, authorizations, registrations and certificates, if any, required by Applicable Laws in connection with the performance of its obligations hereunder. At Purchaser’s request, Vendor shall provide to Purchaser copies of any or all such licenses, permits, approvals, authorizations, registrations and certificates.

10.2 Purchaser has taken all required governmental action to authorize its execution of this Agreement and there is no governmental or legal impediment against Purchaser’s execution of this Agreement or performance of its obligations hereunder.

ARTICLE 11 – PUBLICITY / CONFIDENTIALITY

11.1 No news releases, public announcements, advertising materials, or confirmation of same, concerning any part of this Agreement or any Purchase Order issued hereunder shall be issued or made without the prior written approval of the Parties. Neither Party shall in any advertising, sales materials or in any other way use any of the names or logos of the other Party without the prior written approval of the other Party.

11.2 Any knowledge or information which Vendor or any of its affiliates shall have disclosed or may hereafter disclose to Purchaser, and which in any way relates to the Products and Services covered by this Agreement shall not, unless otherwise designated by Vendor, be deemed to be confidential or proprietary information, and shall be acquired by Purchaser, free from any restrictions, as part of the consideration for this Agreement.

ARTICLE 12 - RIGHT TO AUDIT

Subject to Vendor’s reasonable security and confidentiality procedures, Purchaser, or any third party retained by Purchaser, may at any time upon prior reasonable notice to Vendor, during normal business hours, audit the books, records and accounts of Vendor to the extent that such books, records and accounts pertain to sale of any Products and Services hereunder or otherwise relate to the performance of this Agreement by Vendor. Vendor shall maintain all such books, records and accounts for a period of at least three (3) years after the date of expiration or termination of this Agreement. The Purchaser’s right to audit under this Article 12 and Purchaser’s rights hereunder shall survive the expiration or termination of this Agreement for a period of three (3) years after the date of such expiration or termination.

ARTICLE 13 - REMEDIES

Except as otherwise provided herein, any right or remedy of Vendor or Purchaser set forth in this Agreement shall not be exclusive, and, in addition thereto, Vendor and Purchaser shall have all rights and remedies under Applicable Law, including without limitation, equitable relief. The provisions of this Article shall survive the expiration or termination of this Agreement.

DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDEC

8 ARTICLE 14 - RELATIONSHIP OF PARTIES

Vendor is an independent contractor and is not an agent, servant, employee, legal representative, partner or joint venture of Purchaser. Nothing herein shall be deemed or construed as creating a joint venture or partnership between Vendor and Purchaser. Neither Party has the power or authority to bind or commit the other.

ARTICLE 15 - NOTICES

All notices required or permitted to be given or made in this Agreement shall be in writing. Such notice(s) shall be deemed to be duly given or made if delivered by hand, by certified or registered mail or by nationally recognized overnight courier to the address specified below:

If to Lead Contracting Agency:

LEAGUE OF OREGON CITIES
1201 Court St. NE
Suite 200
Salem OR 97301
ATTN: Jamie Johnson-Davis
Email: [email protected]

If to Vendor:

CURTIS BLUE LINE
185 Lennon Lane
Suite 110
Walnut Creek CA 94598
ATTN: Nick Lawrence
Email: [email protected]

Either Party may change its notice address by giving the other Party written notice of such change in the manner specified above.

ARTICLE 16 - FORCE MAJEURE

Except for Purchaser’s obligation to pay for Products and Services delivered, delay in performance or non-performance of any obligation contained herein shall be excused to the extent such failure or non- performance is caused by force majeure. For purposes of this Agreement, “force majeure” shall mean any cause or agency preventing performance of an obligation which is beyond the reasonable control of either Party hereto, including without limitation, fire, flood, sabotage, shipwreck, embargo, strike, explosion, labor trouble, accident, riot, acts of governmental authority (including, without limitation, acts based on laws or regulations now in existence as well as those enacted in the future), acts of nature, and delays or failure in obtaining raw materials, supplies or transportation. A Party affected by force majeure shall promptly provide notice to the other, explaining the nature and expected duration thereof, and shall act diligently to remedy the interruption or delay if it is reasonably capable of being remedied. In the event of a force majeure situation, deliveries or acceptance of deliveries that have been suspended shall not be required to be made upon the resumption of performance.

DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDEC

9 ARTICLE 17 - WAIVER

No delay or failure by either Party to exercise any right, remedy or power herein shall impair such Party’s right to exercise such right, remedy or power or be construed to be a waiver of any default or an acquiescence therein; and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy or power. No waiver hereunder shall be valid unless set forth in writing executed by the waiving Party and then only to the extent expressly set forth in such writing.

ARTICLE 18 - PARTIES BOUND; ASSIGNMENT

This Agreement shall inure to the benefit of and shall be binding upon the respective successors and assigns of the Parties hereto, but it may not be assigned in whole or in part by Vendor without prior written notice to Purchaser which shall not be unreasonably withheld or delayed.

ARTICLE 19 - SEVERABILITY

To the extent possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under Applicable Law. If any provision of this Agreement is declared invalid or unenforceable, by judicial determination or otherwise, such provision shall not invalidate or render unenforceable the entire Agreement, but rather the entire Agreement shall be construed as if not containing the particular invalid or unenforceable provision or provisions and the rights and obligations of the Parties shall be construed and enforced accordingly.

ARTICLE 20 - INCORPORATION; ENTIRE AGREEMENT

20.1 All the provisions of the Attachments hereto are hereby incorporated herein and made a part of this Agreement. In the event of any apparent conflict between any provision set forth in the main body of this Agreement and any provision set forth in the Attachments, including the RFP and/or Vendor’s Proposal, the provisions shall be interpreted, to the extent possible, as if they do not conflict. If such an interpretation is not possible, the provisions set forth in the main body of this Agreement shall control.

20.2 This Agreement (including Attachments and Contract Documents hereto) constitutes the entire Agreement of the Parties relating to the subject matter hereof and supersedes any and all prior written and oral agreements or understandings relating to such subject matter.

ARTICLE 21 - HEADINGS

Headings used in this Agreement are for convenience of reference only and shall in no way be used to construe or limit the provisions set forth in this Agreement.

ARTICLE 22 - MODIFICATIONS

This Agreement may be modified or amended only in writing executed by Vendor and the Lead Contracting Agency. The Lead Contracting Agency and each Participating Agency contracting hereunder acknowledge and agree that any agreement entered into in connection with any Purchase Order hereunder shall constitute a modification of this Agreement as between the Vendor and the Participating Agency. Any modification of this Agreement as between Vendor and any Participating Agency shall not be deemed a modification of this Agreement for the benefit of the Lead Contracting Agency or any other Participating Agency.

DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDEC

10 ARTICLE 23 - GOVERNING LAW

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon or in the case of a Participating Agency’s use of this Agreement, the laws of the State in which the Participating Agency exists, without regard to its choice of law provisions.

ARTICLE 24 - COUNTERPARTS

This Agreement may be executed in counterparts all of which together shall constitute one and the same Agreement.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year last written below.

PURCHASER:

Signature: ____________________________________

Printed Name:

Title: ____________________________________________

LEAGUE OF OREGON CITIES

Dated: ____________________________

VENDOR:

Signature: ______________________________

Printed Name:

Title: _____________________________

CURTIS BLUE LINE

Dated: ____________________________

DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDEC 5/26/2020
Director, Special Programs
Nick Lawrence
Mike Cully
Executive Director
5/26/2020

11 ATTACHMENT A

to Master Price Agreement by and between VENDOR and PURCHASER.

PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES

CBL’s price schedule includes two separate pricing approaches:

1. Pricing for customers located in the forty-eight contiguous states and Alaska (FOB: Origin)

2. Pricing for the State of Hawaii (FOB: Destination that will be calculated using the following formula: list price less the brand discount plus an estimated freight charge)) Generally, CBL is offering prices that are equal to our Most Favored Customer prices for items that are included in our GSA contract to maintain compliance with t he terms and conditions of our contractual agreement with the General Services Adminstration. For those products not included in our GSA contract, CBL’s proposed prices are generally better than the prices CBL typically offers to our most favored customer.

CBL’s Pricing Schedule is based upon a fixed percentage (%) off marked prices defined within each of the individual suppliers’ catalog included in the “Current Catalog” section of Vendor’s proposal:

Cur+B1:G60tis Blue Line Product Catalog
League of Oregon Cities/NPPGov RFQ 2010 "Law Enforcement Equipment" Brand Product Description Discount (%) Category
Number
Galvion Body Armor 20 1A
ProTech / Safariland Body Armor 20 1A
Safariland Body Armor Body Armor 30 1A
ESS Protective Gear 25 1B
Hatch / Safariland Protective Gear 20 1B
Invisio Protective Gear Net 1B
Monadnock / Safariland Protective Headgear 15 1B
TCI / Safariland Protective Gear 5 1B
ASP Handcuffs and Restraints 20 1C
Safariland Handcuffs and Restraints 20 1C
ASP Less Lethal Equipment 20 1D
DefenseTech Less Lethal Equipment Net 1D
Hogue Less Lethal Equipment 5 1D
Monadnock / Safariland Less Lethal Equipment Net 1D
Leupold Surveillance Equipment Net 1E
Night Vision Devices Surveillance Equipment Net 1E
Steiner Surveillance Equipment Net 1E
Zistos Surveillance Equipment Net 1E
Forensics Source Investigations & Evidence Equipment Net 1G Broco Tactical Equipment 8 1H
CMC Tactical Equipment 10 1H
Paratech Tactical Equipment 2 1H
Safariland Tactical Equipment 20 1H
Streamlight Tactical Equipment 40 1H
Invisio Communications, Radios, and GPS Net 1I

DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDEC

12 TCI / Safariland Communications, Radios, and GPS 5 1I Blauer Traffic Safety and Control Equipment 30 1J
Dicke Safety Products Traffic Safety and Control Equipment 5 1J Streamlight Traffic Safety and Control Equipment 40 1J
ASP Training and Safety Equipment 20 1K
Federal Signal Vehicle Equipment 20 1L
Bates Duty Gear 5 2A
Blackhawk Duty Gear 30 2A
Danner Duty Gear 20 2A
Edward Garments Duty Gear 5 2A
First Tactical Duty Gear 20 2A
Midway Caps Duty Gear 5 2A
Safariland Duty Gear 30 2A
Samuel Broome Duty Gear 5 2A
Under Armor Duty Gear 25 2A
Vertx Duty Gear 30 2A

5.11 Uniforms 20 2B
Blauer Uniforms 30 2B
Fechheimer Uniforms 30 2B
Propper Uniforms 30 2B
Spiewak Uniforms 30 2B
Blackinton Badges and ID Cards 10 2C
Hero's Pride Badges and ID Cards 10 2C

5.11 Concealment and plainclothes 20 2D
Propper Concealment and plainclothes 30 2D
Under Armor Concealment and plainclothes 25 2D
Vertx Concealment and plainclothes 30 2D

5.11 Eyewear 20 2E
ESS Eyewear 25 2E
Revision Eyewear 20 2E
Under Armor Eyewear 25 2E

5.11 Bags 20 2F
Vertx Bags 30 2F
SOG Firearms 25 3A
EOTech Firearms Accessories 10 3B
ESS Firearms Accessories 25 3B
Sig Sauer Ammunition & Training ammunition Net 3C
Surefire Shooting Range Gear 25 3D
Benchmade Knives 25 3E
Gerber Knives 30 3E
TCI / Safariland Tools for Weapons and Ammunition 5 3F
Paratech Specialty Tools 2 4A

Pricing contained in this Attachment A shall be extended to all NPPGov members upon execution of the Intergovernmental Agreement.

Participating Agencies may purchase from Vendor’s authorized dealers and distributors, as applicable, provided the pricing and terms of this Agreement are extended to Participating Agencies by such dealers and distributors. Vendor’s authorized dealers and distributors, as applicable, are identified in a [list, link found at http:], as may be updated from time to time. [ A current list may be obtained from Vendor.] DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDEC

13 ATTACHMENT B

to Master Price Agreement by and between VENDOR and PURCHASER.

ADDITIONAL SELLER WARRANTIES

To the extent possible, Vendor will make available all warranties from third party manufacturers of Products not manufactured by Vendor, as well as any warranties identified in this Agreement and Vendor’s Proposal.

DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDEC

14 ATTACHMENT C

to Master Price Agreement by and between VENDOR and PURCHASER.

PARTICIPATING AGENCIES

The Lead Contracting Agency in cooperation with National Purchasing Partners (NPPGov) entered into this Agreement on behalf of other government agencies that desire to access this Agreement to purchase Products and Services. Vendor must work directly with any Participating Agency concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing, and payment. The Lead Contracting Agency shall not be held liable for any costs, damages, etc., incurred by any Participating Agency.

Any subsequent contract entered into between Vendor and any Participating Agency shall be construed to be in accordance with and governed by the laws of the State in which the Participating Agency exists. Each Participating Agency is directed to execute an Intergovernmental Cooperative Purchasing Agreement (“IGA”), as set forth on the NPPGov web site, www.nppgov.com. The IGA allows the Participating Agency to purchase Products and Services from the Vendor in accordance with each Participating Agency’s legal requirements as if it were the “Purchaser” hereunder.

DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDEC

15 ATTACHMENT D

to Master Price Agreement by and between VENDOR and PURCHASER.

Vendor’s Proposal
(The Vendor’s Proposal is not attached hereto.)
(The Vendor’s Proposal is incorporated by reference herein.)

DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDEC

16 ATTACHMENT E

to Master Price Agreement by and between VENDOR and PURCHASER.

Purchaser’s Request for Proposal
(The Purchaser’s Request for Proposal is not attached hereto.) (The Purchaser’s Request for Proposal is incorporated by reference herein.)

DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDEC

17 ATTACHMENT F

to Master Price Agreement by and between VENDOR and PURCHASER.

ADDITIONAL VENDOR TERMS OF PURCHASE, IF ANY.

DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDEC

NOTICE OF SOLICITATION

LEAGUE OF OREGON CITIES
RFP NUMBER 2010
SOLICITATION FOR: LAW ENFORCEMENT EQUIPMENT
Notice is hereby given that the LEAGUE OF OREGON CITIES will accept sealed proposals for LAW ENFORCEMENT EQUIPMENT at the address listed below, until 5:00 PM PST on March 9th, 2020. Those proposals will be for the LEAGUE OF OREGON CITIES and members of National Purchasing Partners Government Division (“NPPGov”) across the nation, including but not limited to governmental units incorporated by “ATTACHMENT H” of the Request for Proposal (RFP), WIPHE members identified in “ATTACHMENT G” of the RFP, as well as government units in all other states (collectively, “Participating Agencies”). Significant sa les potential exists becau se the resulting Master Price Agreement for national proposers will include piggy backing language that permits use of the Master Price Agreement nationwide which may allow Participating Agencies to forego duplicating the formal solicitation process and expend staff resources and funds.

All Proposals must be signed, sealed and addressed to:

Mailing Address:

LOC PUBLIC “LAW ENFORCEMENT EQUIPMENT RFP” #2010

LEAGUE OF OREGON CITIES
c/o Procurement Specialist
1201 Court St. NE
Suite 200
Salem, OR 97301

All Proposals must clearly state RFP #2010 and Proposing company’s full name on the OUTERMOST packaging.

NOTE: THE LEAGUE OF OREGON CITIES WILL NOT ACCEPT PROPOSAL ENVELOPES WITH INSUFFICIENT POSTAGE.

INQUIRIES:

LOC “LAW ENFORCEMENT EQUIPMENT RFP” #2010

LEAGUE OF OREGON CITIES
c/o Procurement Specialist
1201 Court St. NE
Suite 200
Salem, OR 97301

[email protected]

The solicitation documents may be reviewed at the office address listed above.

NOTE: NOTICES OF SOLICITATION WILL BE PUBLISHED IN THE OREGON DAILY JOURNAL OF

COMMERCE, USA TODAY

IMPORTANT

PLEASE READ BEFORE SUBMITTING YOUR PROPOSAL
SOLICITATIONS FOR: LAW ENFORCEMENT EQUIPMENT

1.0 INTENT:

1.1 GENERAL INTENT
The LEAGUE OF OREGON CITIES (“LOC”) serves as the “Lead Contracting Agency” for this solicitation on behalf of its members, and as authorized by the LOC Intergovernmental Agreement, which is an agreement for intergovernmental cooperation among select local Oregon governments and recognized under ORS Chapter 190. LOC, in association with the members of National Purchasing Partners, LLC dba NPPGov (hereinafter referred to as “NPPGov”), comprises a cooperative procurement group. NPPGov membership includes government entities, non-profit organizations across the nation, members of Public Safety GPO, First Responders GPO, and Law Enforcement GPO, Hawaii, and Oregon local government units (ATTACHMENT H), and WIPHE members (ATTACHMENT G), as well as all other government units in all other states, as authorized under the terms of the Intergovernmental Cooperative Purchasing Agreement executed by all Lead Contracting and Participating Agencies (the foregoing list of entities hereinafter referred to as “Participating Agencies”). This procurement group is soliciting proposals from qualified companies (hereinafter referred to as “Proposer”) to enter into a Master Price Agreement for LAW ENFORCEMENT EQUIPMENT.

The intent of this Interstate Cooperative Procurement Solicitation (hereinafter referred to as “Solicitation” or “RFP”) is to invite Proposers to submit a competitive pricing proposal offering LAW ENFORCEMENT EQUIPMENT to LOC, which will then be made available to NPPGov members locally and nationwide; to reduce expenses by eliminating multiple requests for proposals and multiple responses by Vendors; and to obtain discounted pricing through volume purchasing. Significant sales potential exists because the Master Price Agreement will be used nationwide which may allow Participating Agencies to forego duplicating the formal solicitation process and expend staff resources. Preferably, the successful Proposer will provide its entire catalog of products and/or services in order that Participating Agencies who wish to access the Master Price Agreement may order a broad range of goods and services as needed.

With the exception of successful local Proposer(s) capable of servicing LOC and Participating Agencies within the state of Oregon, successful Proposer(s) should have a strong national presence for LAW ENFORCEMENT EQUIPMENT for use by government agencies nationwide.

This Solicitation meets Oregon public contracting requirements (ORS 279A et. seq.) and may not be appropriate under or meet Participating Agencies’ procurement laws. Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements.

1.2 POTENTIAL MARKET

The LOC is publishing this RFP to create publicly awarded contracts for use by its members, which may also benefit the thousands of fellow members of NPPGov, Public Safety GPO, First Responders GPO, and Law Enforcement GPO. These are nationwide programs representing member government agencies

in all 50 states. We encourage each Proposer’s response to be a collaborative effort including manufacturer and distributor (when they are not the same company) to ensure nationwide contract utilization.

Proposer’s response should also take into consideration the considerable market potential for this Solicitation. Because the successful proposal will be incorporated into a nationwide cooperative procurement program including tens of thousands of state, local government and non-profit participants from all 50 states, the LOC believes that contracts created from this Solicitation will provide vendors with a significant market advantage. Members of NPPGov, Public Safety GPO, First Responders GPO, and Law Enforcement GPO and current vendors who participate in the program indicate the ability to shorten the sale cycle by eliminating the need to complete individual RFP processes is a significant advantage to participation.

The LOC believes that participation in the NPPGov purchasing program benefits both its Participating Agencies and successful Proposers. NPPGov engages with successful proposers who complete the Vendor Administration Agreement through a marketing and sales partnership. This partnership includes (but is not limited to) contract promotion to members, contract administration support to potential customers and live customer phone support.

1.3 REQUIREMENTS

1.3.1 The RFP and resulting Master Price Agreement are anticipated for use by the LOC’s government members, as well as other Participating Agencies across the nation. The LOC has entered into an Intergovernmental (interlocal) Cooperative Purchasing Agreement with other Participating Agencies for the purpose of obtaining Master Price Agreements with various vendors. Interlocal cooperative purchasing agreements allow Participating Agencies to make purchases at the LOC’s accepted proposal price, terms and conditions, provided that the Participating Agency has satisfied all of its local and state cooperative procurement requirements. By submitting a proposal, the Proposer(s) agrees to make the same proposal terms and price, exclusive of any possible rebates, incentives, freight and transportation fees, available to other Participating Agencies. The LOC and NPPGov will not incur any direct liability with respect to specifications, delivery, payment, or any other aspect of purchases by such Participating Agencies or nonprofit institutions. The Intergovernmental Cooperative Purchasing Agreement is incorporated by reference herein and is available upon request — See Attachment A.

The successful Proposer must work directly with the Participating Agencies concerning the placement of orders, disputes, invoicing and payment. The LOC and NPPGov shall not be held liable for any costs or damages incurred by or as a result of the actions of the Vendor or any Participating Agency. Successful Proposers must comply with the state and local laws, rules and regulations in each state and locality where the product or service is provided.

1.3.2 Each Participating Agency shall execute a Participating Agency Endorsement and Authorization included in the Intergovernmental Cooperative Purchasing Agreement. While the terms of the Master Price Agreement shall govern the general pricing terms, each Participating Agency may request modification of the Master Price Agreement in accordance with each Participating Agency’s state and/or local purchasing laws, rules, regulations and procedures, provided said modifications are not material changes. Each Participating Agency may, at its discretion, and upon written agreement by the Participating Agency and Successful Proposer, request additional legal and procedural provisions not included herein that the successful Proposer must adhere to if it wishes to conduct business with said Participating Agency using the Master Price Agreement.

1.3.3 NPPGov, Public Safety GPO, First Responders GPO, and Law Enforcement GPO provide vendor exposure/marketing and contract utilization support for the successful Proposer’s products and services. Successful Proposers servicing the awarded contract to Participating Agencies shall pay a Contract Administration Fee representing 2% percent of actual net sales under the Master Price Agreement as established in the NPPGov Vendor Administration Agreement (available upon request). Administration fee may not be listed or charged as a

separate line item to users of the contract. The value of trade-ins or rebates shall not affect the amount of the administration fee paid to NPPGov.

1.4 MULTIPLE AWARDS
Multiple awards may be granted to meet the requirements of this Solicitation provided that such awards are differentiated by product make and model, service, and/or distribution regions and capabilities of the successful Proposers. Specifically, the LOC may award separate contracts to Proposers in order to cover all local and national geographical markets, electronic purchasing capabilities, and products and services identified in this Request for Proposal, as well as the diverse and large number of Participating Agencies.

The award of multiple contracts is to be determined upon receipt and review of all proposals, and based upon the general criteria provided herein. The LOC may solicit proposals from local qualified companies with or without a national presence provided that the successful Proposer is able to provide the LOC with the products and services requested. Multiple awards will ensure fulfillment of current and future requirements of the diverse and large number of Participating Agencies. In the event a local Proposer with no national distribution capabilities best meets the proposal selection criteria, multiple local and nationwide responsive proposals may be awarded simultaneously in the best interests of local commerce, compliance with local laws, and the Participating Agencies nationwide.

Proposers should be able to serve the needs of Participating Agencies on a national basis. However, this requirement shall not exclude local Proposers without a national presence that are capable of meeting the requirements of the LOC within the state of Oregon.

1.5 CONTRACT USAGE
The actual utilization of any Master Price Agreement will be at the sole discretion of LOC and the other Participating Agencies. It is the intent of this Request for Proposal and resulting Master Price Agreement that Participating Agencies may buy directly from Successful Proposers without the need for further solicitation. However, Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements as well as the need of further notice prior to utilizing the Master Price Agreement

1.6 BACKGROUND OF NPPGov
NPPGov, owned by two non-profit healthcare organizations, provides group purchasing opportunities and purchasing administrative support for governmental entities and nonprofit institutions within its membership. NPPGov’s membership includes participating public and nonprofit entities across North America.

1.7 EQUAL OPPORTUNITY

The LOC encourages Minority and Women-owned Small Business Proposers to submit proposals.

1.8 QUALIFIED REHABILITATION FACILITIES

Oregon Public Agencies are prohibited from use of products and services offered under this contract that are already provided by qualified nonprofit agencies for disabled individuals as listed on the Department of Administrative Service’s Procurement List pursuant to ORS 279.835 ORS 279.855. Please see www.OregonRehabilitation.org/qrf for more information.

2.0 SCOPE OF WORK :

2.1 REQUIREMENTS OF PROPOS ERS SUBMITTING A RESPONSE:

Proposers must present clear and concise evidence indicating Proposer’s ability to comply with the requirements stated herein and to provide and deliver the specified products and services to Participating

Agencies.

2.1.1 PROPOSER COMMITMENTS
Each Proposer is required to commit to low pricing, and accurate and timely reporting to NPPGov pursuant to the reporting requirements identified in the NPPGov Vendor Administration Agreement (available upon request). In addition, successful Proposer(s) with a national presence must commit to marketing of the Master Price Agreement nationwide and that the sales force will be trained, engaged and committed to offering NPPGov pricing to member government agencies nationwide, including the opportunity for NPPGov to train the Vendor sales staff.

2.1.2 PROPOSERS MUST COMPLETE “ATTACHMENT B” – PROPOSER PROFILE WORKBOOK”.

2.2 PRODUCTS AND SERVICES:

2.2.1 Provide a description of the LAW ENFORCEMENT EQUIPMENT offered as set forth in ATTACHMENT C. The primary objective is for the Proposer(s) to provide the Proposer(s)’s entire catalog of products and services (“catalog discount”) that are responsive to this RFP so that Participating Agencies may order a broad range of products and services as appropriate for their needs. Anticipated future models and related products/services that may be offered during the term of the resulting Master Price Agreement should also be in included in Vendor’s Proposal.

2.2.2 All products offered must be new, unused and the most current product lines, unless otherwise clearly identified as remanufactured goods.

2.2.3 Describe any special programs that Propo ser offers that shall improve the ability of the Participating Agencies to access the products, such as retail store availability, expedited delivery intervals, item sourcing, or other unique plans and services.

2.2.4 Additional Benefits: Proposer shall identify any other added value it offers to the LEAGUE OF OREGON CITIES (“LOC”) and Participating Agencies (e.g. convenience cards, individual/member discounts, additional admin fee, etc.)

2.3 PRICING:

2.3.1 Pricing for the products and services may be based on “ATTACHMENT D” - PRICING SCHEDULE as follows:

A A fixed percentage (%) off marked price based on the Proposer’s catalog or retail store price for each CATEGORY specified in ATTACHMENT D – PRICING SCHEDULE.

Proposer shall identify the catalog used.

Option (A) is preferred. If option (A) is not feasible proposer may use option (B) provided Proposer includes a justification.

B Alternatively, contract pricing may be based upon fixed prices (contingencies for economic price adjustments must be identified in the proposal), or a combination fixed percentage off and firm fixed prices. Proposer may offer additional discounts to LOC and Participating Agencies based on volume.

If proposers are responding with option “B”, proposers may request price increases based on manufacturer costs, cost of labor and/or materials that must be supported by appropriate documentation. If LOC agrees to the price modification, LOC may approve in writing, including electronic mail, without the need for a written amendment to the

Master Price Agreement.

2.3.2 Proposers may also add additional products and services provided that any additions reasonably fall within the intent of the original RFP specifications. Pricing on additions shall be equivalent to the percentage discount for other similar products. Proposer may provide a web-link with current product listings, which may be updated periodically, as allowed by the terms of the resulting Master Price Agreement. Proposer may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products may be added to avoid competitive procurement requirements. LOC may reject any additions without cause.

2.3.3 Explain any additional pricing incentives that may be available such as large volume purchases, cash terms, or rebates to Participating Agencies. However, steeper discounts are preferred to rebates.

2.3.4 All pricing proposals shall clearly explain how freight and/or delivery costs are determined as described in ATTACHMENT D PRICING SCHEDULE herein.

2.4 TAX:

Proposers shall strictly adhere to all federal, state and local tax requirements applicable to their operation, and to any contract or activity resulting from this Solicitation.

3.0 SPECIAL TERMS & CONDITIONS:

3.1 MASTER PRICE AGREEMENT TERM:

As a result of this Solicitation the successful Proposer(s) shall be awarded a Master Price Agreement for a three (3) year period. The Master Price Agreement may be extended up to a maximum of three (3) additional one (1) year periods.

3.2 MASTER PRICE AGREEMENT ACCESS PROVISIONS
Utilization of the Master Price Agreement will be at the discretion of the LEAGUE OF OREGON CITIES (“LOC”) and Participating Agencies. The LOC shall be under no obligation to purchase off of the Master Price Agreement. Assuming all local competitive solicitation requirements have been met, Participating Agencies may purchase directly from the successful Proposer(s) without the need for further solicitation.

3.3 INDEMNIFICATIONS AND INSURANCE:

Indemnification and insurance requirements will vary based on the nature of the RFP. Proposer is responsible for submitting appropriate indemnification and insurance coverage as applicable.

3.3.1 Indemnification
The successful Proposer shall indemnify the LOC and NPPGov as specified in the Master Price Agreement.

3.3.2 Insurance Requirements.

Proposer(s), at Proposer(s)’s own expense, shall purchase and maintain the herein stipulated minimum insurance from a reputable company or companies duly licensed by the State of Oregon. In lieu of State of Oregon licensing, the stipulated insurance may be purchased from a

company or companies that are authorized to do business in the State of Oregon, provided that said insurance companies meet the approval of the LOC.

Proposer(s)’s insurance shall be primary insurance with respect to the LOC, and any insurance or self-insurance maintained by the LOC shall not contribute to it.

Award of this Solicitation is contingent upon the required insurance policies and/or endorsements identified herein. The LOC shall not be obligated to review such policies and/or endorsements or to advise Proposer(s) of any deficiencies in such policies and endorsements, and such receipt shall not relieve Proposer(s) from, or be deemed a waiver of the LOC’s right to insist on strict fulfillment of Proposer(s)’s obligations under this RFP.

The insurance policies required by this RFP, except Workers’ Compensation, shall name the LOC, its agents, representatives, officers, directors, officials and employees as an Additional Insured.

The policies required hereunder, except Workers’ Compensation, shall contain a waiver of transfer of rights of recovery (subrogation) against the LOC, its agents, representatives, officers, directors, officials and employees for any claims arising out of Proposer(s)’s work or service.

3.3.3 Commercial, automobile and workers’ compensation insurance.

3.3.3.1 Commercial General Liability. Proposer(s) shall maintain Commercial General Liability Insurance (CGL) and, if necessary, Commercial Umbrella Insurance. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of the Master Price Agreement.

3.3.3.2 Automobile Liability. Proposer(s) shall maintain Automobile Liability Insurance and, if necessary, Commercial Umbrella Insurance. If hazardous substances, materials, or wastes are to be transported, MCS 90 endorsement shall be included.

3.3.3.3 Workers’ Compensation and Employer’s Liability. Proposer(s) shall carry Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Proposer(s)’s employees engaged in the performance of the work or services, as well as Employer’s Liability insurance.

In case any work is subcontracted, Proposer(s) will require the SubProposer(s) to provide Workers’ Compensation and Employer’s Liability insurance to at least the same extent as required of Proposer(s).

4.0 SCHEDULE, RESPONSE PREPARATION AND SUBMISSION

4.1 SCHEDULE OF EVENTS

4.1.1 Publication of Request for Proposal

Publication of this Solicitation conforms with ORS 279B, to include Public Notice by publication in a newspaper of general circulation in the area where the LEAGUE OF OREGON CITIES (“LOC”) is located no less than 30 days prior to the proposal due date, as well as posting of the Public Notice on the web site that typically posts Public Notices concerning the LOC.

Solicitation Notice Publication : January 6th, 2020

4.1.2 Question and Answer period

The LOC will post questions and answers concerning this Solicitation no later than 10 days prior to the proposal due date. All questions shall be submitted in writing via email to 2010, Contract Manager, at [email protected]. The LOC reserves the right to accept and answer questions after the question and answer period has expired. All questions and answers will be posted on the LOC website at www.orcities.org.

4.1.3 Submission of Proposals

There will be no mandatory pre-proposal meeting. All questions must be submitted via email as directed above. If necessary, questions can be submitted in writing to LEAGUE OF OREGON CITIES, c/o Mike Cully, 1201 Court St. NE, Suite 200, Salem, OR 97301 or [email protected].

Close date: Deadline for submission of proposals is 5:00 PM PST, on March 9th, 2020. The LOC must receive all proposals before 5:00 PM PST on the above closing date in the office of the LEAGUE OF OREGON CITIES, c/o Mike Cully, Executive Director, 1201 Court St. NE, Suite 200, Salem, OR 97301.

Approximate opening date: 9:00 AM PST on March 10th, 2020 at the office of the LEAGUE OF OREGON CITIES, c/o Mike Cully, 1201 Court St. NE, Suite 200, Salem, OR 97301.

Proposal selection: March 10th, 2020 to March 31st, 2020.

Approximate award date: April 14th, 2020.

All responses to this Solicitation become the property of the LOC. Proposers should mark those aspects of the proposal that they consider trade secrets and exempt from public disclosure. The LOC will not be held accountable if parties other than the LOC obtain material from proposal responses without the written consent of the Proposer(s).

4.1.4 Withdrawal of Proposal

The Proposer(s) may withdraw its proposal at any time prior to the hour and date set for the receipt of proposals. Withdrawal will not preclude the submission of another proposal prior to the deadline.

4.2 REVIEW, INQUIRIES AND NOTICES:

4.2.1 The solicitation documents may be reviewed in person at the following address:

LEAGUE OF OREGON CITIES
1201 Court St. NE
Suite 200
Salem, OR 97301

All inquiries concerning information herein shall be addressed to:

LEAGUE OF OREGON CITIES
c/o Procurement Specialist
1201 Court St. NE
Suite 200
Salem, OR 97301

Administrative telephone inquiries shall be addressed to:

Procurement Specialist

Email inquiries shall be addressed to: [email protected] Inquiries are required to be submitted by email to the Administrative Contact listed above.

No oral communication is binding on the LOC.

4.2.2 Proposal Interpretation of the RFP Documents and Issuance of Addenda

If any Proposer(s) finds discrepancy in, or omissions from, or is in doubt to the true meaning of any part of the RFP document, he/she shall submit a written request for a clarification or interpretation thereof to:

LEAGUE OF OREGON CITIES
c/o Procurement Specialist
1201 Court St. NE
Suite 200
Salem, OR 97301

Any request for clarification or interpretation must be received at least ten (10) calendar days prior to the RFP closing date.

The LOC is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner, except by addenda. Addenda, if necessary, will be issued not later than five (5) days prior to the RFP closing date by publication on the LOC’s web site and NPPGov website.

Oral interpretations or statements cannot modify the provisions of this Request for Proposal. If inquiries or comments by Proposers raise issues that require clarification by the LOC, or the LOC decides to revise any part of this Request for Proposal, addenda will be published and provided to all persons who receive the Request for Proposal. Receipt of an addendum must be acknowledged by signing and returning it with the proposal.

4.3 INSTRUCTIONS FOR PREPARING AND SUBMITTING PROPOSALS:

Proposers are to provide two (2) hard copies and two (2) electronic copies of the complete proposal.

Each electronic copy is to be submitted on a USB flash drive with the core response in a file less than 10 MB, when possible. Electronic files may be used by the Evaluation Committee so they should be organized and named in an easy to understand manner. Proposers are to address proposals identified with return address, RFP number and title in the following manner:

LOC “LAW ENFORCEMENT EQUIPMENT RFP” #2010

LEAGUE OF OREGON CITIES
c/o Procurement Specialist, Contract Manager
1201 Court St. NE
Suite 200
Salem, OR 97301

All prices shall be held firm for a period of sixty (60) days after the Solicitation closing date. Any Proposer may withdraw its proposal if a Master Price Agreement has not been executed within sixty (60) days from the RFP closing date.

4.4 EXCEPTIONS AND DEVIATIONS TO THE RFP
The Proposer shall identify and list all exceptions taken to all sections of this RFP and list these

exceptions, referencing the section (paragraph) where the exception exists and stating the proposed revision. The Proposer shall list these exceptions under the heading, “Exception to the Solicitation, RFP Number 2010.” Exceptions not listed under the heading “Exception to the Solicitation, RFP Number 2010.” shall be considered invalid. The LOC reserves the right to reject exceptions, render the proposal non-responsive, enter into negotiation on any of the Proposer exceptions, or accept any or all exceptions.

The Proposer shall detail any and all deviations from specifications, if any, contained in this Solicitation and Attachments, as requested. The LOC may accept or reject deviations, and all LOC decisions shall be final.

4.5 RESPONSE FORMAT AND CONTENT:

To aid in the evaluation, it is desired that all proposals follow the same general format. The proposals are to be submitted in binders and have sections tabbed as follows:

4.5.1 Letter of Transmittal

4.5.2 Table of Contents

4.5.3 Short introduction and executive summary. Th is section shall contain an outline of the general approach utilized in the proposal.

4.5.4 The proposal should contain a statement of all of the programs and services proposed, including conclusions and generalized recommendations. Proposals should be all-inclusive, detailing the Proposer’s best offer. Additional related services should be incorporated into the proposal, if applicable.

4.5.5 Qualifications – This section shall describe the Proposer’s ability and experience related to the programs and services proposed.

4.5.6 Exceptions to the Solicitation, RFP Number 2010.

4.5.7 PRICING SCHEDULE (“ATTACHMENT D”).

4.5.8 PROPOSER PROFILE WORKBOOK (“ATTACHMENT B”).

4.5.9 Complete, Current Catalog Pricing shall be submitted on a USB flash drive.

4.5.10 Format Proposal to specifi cally address each individual sub-section and sub-set of the SCOPE OF WORK (Section 2.0).

4.5.11 Signed Addenda, if any.

4.5.12 Proposal Final Certification.

5.0 EVALUATION AND POST SUBMISSION

5.1 EVALUATION OF PROPOSAL – SELECTION FACTORS:

LOC will evaluate each Proposal and prepare a scoring of each Proposal. Each Proposal received and reviewed shall be awarded points under each criterion solely on the judgment and determination of the Evaluation Committee and the LOC. There is a maximum score of 500 points and Proposer’s average total score must be at least 200 points for consideration of an award. Proposals will be evaluated on the following criteria and further defined in the Proposal Evaluation Form (ATTACHMENT E) utilizing the point system indicated on the form:

1) Pricing 2) Product Line (within each category) 3) Marketing 4) Customer Service 5) Proven Experience & References 6) Coverage 7) Conformance
At the LOC’s discretion, Proposers may be invited to make presentations to the Evaluation Committee.

LOC reserves the right to make multiple awards to meet the national membership needs of this Solicitation.

5.1.1 Additional criteria/preferences that are not necessarily awarded points.

5.1.1.1 Pursuant to ORS 279A.128, Lead Contracting Agency shall give preference to goods fabricated or processed within state or services performed within state.

5.1.1.2 Pursuant to ORS 279A.125, Lead Contracting Agency shall give preference to the procurement of goods manufactured from recycled materials.

5.1.1.3 Pursuant to ORS 279A.120, Lead Contracting Agency shall give preference to goods and services that have been manufactured or produced within the State of Oregon if price, fitness, availability and quality are otherwise equal; and the Lead Contracting Agency shall add a percent increase to the proposal of a nonresident Proposer equal to the percent, if any, of the preference given to the Proposer in the state in which the Proposer resides. All Proposers shall identify the state to which it is a resident bidder.

5.1.1.4 Lead Contracting Agency shall consider proposals for printing, binding and stationary work in accordance with ORS 282.210, incorporated herein by this reference.

5.1.1.5 Proposer shall comply with all federal, state and local laws applicable to the work under the Master Price Agreement awarded as a result of this Solicitation, including, without limitation, the provisions of ORS 279A and ORS 279B, including those provisions set forth on “ATTACHMENT F”, attached hereto and incorporated herein by this reference.

5.1.1.6 Pursuant to Section 1.7, the Lead Contracting Agency encourages Minority and Women-owned Small Business Proposers to submit proposals.

5.2 RIGHT OF LEAGUE OF OREGON CITIES TO AWARD OR REJECT PROPOSALS

5.2.1 The Request for Proposal does not commit the LOC to award a Master Price Agreement for the products or services specified within the Request for Proposal document. The LOC may cancel the procurement or reject any or all proposals in accordance with ORS 279B.100. Under no circumstance will the LOC pay the costs incurred in the preparation of a response to this request.

5.2.2 The LOC reserves the right to:

5.2.2.1 Accept or reject any or all proposals and proposal terms and conditions received as a result of the Request for Proposals;

5.2.2.2 Accept a proposal and subsequent offers for a Master Price Agreement from proposer(s) other than the lowest cost proposer;

5.2.2.3 Waive or modify any irregularities in proposals received after prior notification to the Proposer(s).

5.2.3 The award, if there is one, will be made to that Proposer(s) who is determined to be the most qualified, responsible and responsive within a competitive price range based upon the evaluation of the information furnished under this RFP.

5.3 PROTEST PROCESS

A prospective Proposer may protest the procurement process of the Solicitation for an Agreement solicited under ORS 279B. Before seeking judicial review, a prospective Proposer must file a written protest with the LOC and exhaust all administrative remedies. Written protests must be delivered to the LOC at 1201 Court St. NE, Suite 200, Salem, OR 97301 not less than ten (10) days prior to the date upon which all proposals are due. The written protest shall contain a statement of the desired changes to the procurement process or Solicitation document that the protester believes will remedy the conditions upon which the protest is based. The LOC shall consider the protest if it is timely filed and meets the conditions set forth in ORS 279B.405. The LOC shall respond pursuant to ORS 279B.405. If the LOC upholds the protest, in whole or in part, the LOC may in its sole discretion either issue an Addendum reflecting its disposition or cancel the procurement or solicitation. The LOC may extend the due date of proposals if it determines an extension is necessary to consider and respond to the protest.

A Proposer may protest the Award of the Contract, or the intent to Award the Contract, if the conditions set forth in ORS 279B.410 are satisfied. Judicial review of the protest and the LOC’s decision shall be governed by ORS 279B.415.

5.4 NON-ASSIGNMENT

If a Master Price Agreement is awarded, Proposer shall not assign the Agreement in part or in total.

5.5 POST AWARD MEETING:

The successful Proposer(s) may be required to attend a post-award meeting with the LOC to discuss the terms and conditions of the Master Price Agreement.

5.6 PROPOSAL FINAL CERTIFICATION
The Proposer must certify the following:

a) I hereby certify that the Proposal contained herein fully and exactly complies with the instruction for proposers and specifications as they appear in this Notice of Solicitation.

b) I hereby further certify that I am authorized by the Board of Directors or Corporate Officers of the Corporation to sign the Requests for Proposals and proposals in the name of the corporation listed below:

Proposer Name: ____________________________________________ Signature: _________________________________________________ Name Typed: ______________________ Title: ___________________ Proposer is a resident bidder of the state of _______________________ Date: _____________________

ATTACHMENT A

INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT

(The Intergovernmental Cooperative Purchasing Agreement is not attached hereto, but the current version is available upon request from the Lead Public Agency) (The Intergovernmental Cooperative Purchasing Agreement is incorporated by reference herein)

ATTACHMENT B

Proposer Profile Workbook to be completed by all responders as directed herein (fillable form available upon request)

1.0 GENERAL QUESTIONS:

Section 1.1 only to be completed by vendors with a national presence; i.e. vendors with a sales territory in 25 states or more.

1.1 The “Yes” or “No” questions below are to help evaluators familiarize themselves with national vendors.

Indicate “Yes” or “No” as it applies to your company.

 Do you have a national sales force adequate in size to meet the demands of multiple agencies and their unique needs for the products and services listed herein? Yes No

 Do you have a national distribution network that will support sales resulting from this RFP? Yes No

 Can you provide product availability to meet the requirements for materials and services listed herein for government and nonprofit agencies nationwide in a timely manner? Yes No

 Does your company have the ability to provide toll-free telephone/fax access, and an online presence? Yes No

 Can you provide a single point of contact (National Account Manager) to interact with the lead agency and NPPGov staff?
Yes No

 Are you a strong competitor in the industry with a minimum of three consecutive years of demonstrated success in all business practices and pursuits?
Yes No

1.2 Provide at least three references of government agencies within the United States that have purchased products/services from Proposer similar to those specified in this solicitation within the last year. If proposed products/services are new to market, please use most similar business references available. Include:

Agency name and address
Contact name, phone and email
Description of products/services sold and date.

LOC may use other information, however learned, in evaluation of the response.

1.3 OPTIONAL: If a Dun and Bradstr eet Comprehensive Report (or similar) for your company is available, please submit it with your response.

1.4 OPTIONAL: Attach any case studies, white papers and/or testimonials supporting your company and products/services.

2.0 ABOUT PROPOSER:

2.1 State of incorporation:

2.2 Federal Tax Identification Number:

2.3 If applicable to the product(s) and/or service(s), describe the Proposer’s ability to conduct E- commerce or online ordering. [Insert response in box below]

2.4 Describe Proposer’s system for processing orders from point of customer contact through delivery and billin
g. [Insert response in box below]

2.5 Describe Proposer’s ability to provide detailed electronic reporting of quarterly sales correlated with NPPGov Member ID numbers of Participating Agency purchases as set forth in Addendum A to Vendor Administration Agreement (VAA), a copy of which is available upon request from the LOC. [Insert response in box below]

2.6 Describe the capacity of Proposer to meet Minority and Women Business Enterprises (MWBE) preferences, which may vary among Participating Agencies. [Insert response in box below]

2.7 Proposer acknowledges compliance with Davis Bacon wage requirements where labor is concerned by indicating “yes” or “no” below.

2.8 By submitting a Proposal in response to this RFP, Proposer agrees, if applicable, to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200— UNIFORM ADMINISTRATIVE

REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq. Indicate “yes” or “no” below.

2.9 Complete Exhibit 1, located at the end of this workbook.

3.0 DISTRIBUTION SYSTEM:

3.1 Describe distribution of products and/or services available in Proposer’s response through Proposer’s distribution system (including Alaska and Hawaii), including any limitations. [Insert response in box below]

3.1.A Is it your intent to offer the proposed products and/or services through a designated distribution/dealer network, indicate “yes” or “no” below?

YES NO

3.2 Provide Proposer’s shipping and delivery policy, including standard delivery time and any options and costs for expedited delivery and return policies. [Insert response in box below]

3.3 Third party and/or subcontracting may be allowed. If applicable, detail the sub-contracting process (ordering, shipment, invoicing, billing) for those products not carried in Proposer’s distribution center.

Alternatively, if proposer utilizes a third-party ordering, shipment, invoicing or billing partner, please describe in detail. [Insert response in box below]

3.4 What is Proposer’s backorder policy? Is your policy to classify as “immediate or cancel” (requiring the Participating Agency to reorder if item is backordered) or “good until cancelled”? [Insert response in box below]

3.5 Indicate whether the Proposer has any dealer or distributors that are authorized to fulfil purchases? Yes No [Circle one]

3.6 If answered yes to 3.5, include a copy of or link to authorized dealers or distributors.

4.0 MARKETING:

4.1 Outline Proposer’s plan for marketing the Products and Services to the Participating Agencies on a local and national basis. Include any marketing incentives such as committed dollars for advertising, conferences/travel and custom marketing materials. [May attach marketing plan or insert response in box below]

4.2 Explain how Proposer will educate its local and national sales force about the use of the Master Price Agreement. [Insert response in box below]

4.3 Indicate the Proposer’s willingness to allow training to its local and national sales force about the

use of the Master Price Agreement. [Insert response in box below]

5.0 POINT OF CONTACT:

Proposer POC who will administer, coordinate, and manage this program with NPPGov and the LEAGUE OF OREGON CITIES:

Contact Person: Title:

Mailing Address:

City: State & Zip:

Email Address:

Phone #: Fax #:

Attach current resume of National Account Manager that will be the POC managing this contract.

6.0 CUSTOMER SUPPORT SERVICES:

Explain Proposer’s policy regarding each of the following if applicable to product(s) and/or service(s):

6.1 Auditing for order completeness. [Insert response in box below]

6.2 Replacement policy (i.e., damaged or defective goods). [Insert response in box below]

6.3 Minimum order requirement (e.g., Individual item vs. case lot). [Insert response in box below]

6.4 Customer service hours/days of operation [Insert response in boxes below] Monday: Tuesda y: Wednesda y: Thursda y: Frida y: Saturda y: Sunda y:

6.5 Special Orders. [Insert response in box below]

6.6 Post sale services issues. [Insert response in box below]

6.7 Repair services, including repair warranty programs, if any. Proposer shall identify, where applicable, authorized factory repair facilities that will honor the warranty of items on contract. [Insert response in box below]

6.8 Technical support services Proposer provides. [Insert response in box below]

6.9 Product substitution policy. [Insert response in box below]

6.10 Identify trade-in program criteria (if applicable). [Insert response in box below]

6.11. After hours service (including weekends and holidays) [Insert response in boxes below] Monday: Tuesda y: Wednesda y: Thursda y: Frida y: Saturda y: Sunda y:

6.12 Shipment tracking. [Insert response in box below]

6.13 Back order tracking process. [Insert response in box below]

6.14 Return Item process, including any/all associated fees (e.g., restocking, shipping, turnaround time on returns). [Insert response in box below]

6.15 Electronic billing. [Insert response in box below]

6.16 Explain how Proposer will resolve complaints, issues, or challenges. [Insert response in box below]

6.17 Other services not already covered. [Insert response in box below]

7.0 DELIVERY AND FREIGHT CHARGES:

7.1 Identify delivery and/or shipping costs or provide a shipping rate schedule based on weight, item, and/or destination for all items ordered within the continental U.S. (and Hawaii/Alaska). The Proposer shall identify all exceptions to this shipping rate schedule. [Insert response in box below]

7.2 Identify policy for transfer of product ownership (delivery) and damage/issue resolution. [Insert response in box below]

8.0 VENDOR TERMS AND CONDITIONS.

8.1 Does Proposer require that customers/Participating Agencies agree to standard terms and conditions related to their purchase? Yes No [Circle one]

8.2 If answered yes to 8.1, include a copy of or link to terms and conditions.

9.0 WARRANTY INFOMATION:

9.1 Identify warranty options, if applicable. [Insert response in box below]

Exhibit 1

LAW ENFORCEMENT EQUIPMENT Coverage

RETAIL, DISTRIBUTION AND SERVICE/SUPPORT LOCATIONS

Number of retail
stores in each state?
(leave blank for
none)
Number of
distribution centers
in each state?
(leave blank for
none
)
Number of support
locations in each
state? (leave blank
for none)

ALABAMA
ALASKA

ARIZONA

ARKANSAS

CALIFORNIA

COLORADO

CONNECTICUT

DELAWARE

FLORIDA

GEORGIA
HAWAII
IDAHO

ILLINOIS

INDIANA
IOWA
KANSAS

KENTUCKY

LOUISIANA
MAINE

MARYLAND

MASSACHUSETTS

MICHIGAN

MINNESOTA

MISSISSIPPI

MISSOURI

MONTANA

NEBRASKA
NEVADA

NEW HAMPSHIRE

NEW JERSEY

NEW MEXICO

NEW YORK

NORTH CAROLINA

NORTH DAKOTA
OHIO

OKLAHOMA
OREGON

PENNSYLVANIA

RHODE ISLAND

SOUTH CAROLINA

SOUTH DAKOTA

TENNESSEE
TEXAS
UTAH

VERMONT

VIRGINIA

WASHINGTON

WEST VIRGINIA

WISCONSIN

WYOMING

THE FORM LISTED BELOW MUST BE SIGNED AND RETURNED WITH SOLICITATION RESPONSE

Exhibit 2

Declaration of Non-Collusion

The undersigned does hereby declare that there has been no collusion between the undersigned, the LEAGUE OF OREGON CITIES, and National Purchasing Partners, and in further support of said Declaration, states as follows:

The person, firm, association, co-partnership or corporation herein named has not, either directly or indirectly, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding or solicitation in the preparation and submission of a proposal to the LEAGUE OF OREGON CITIES for consideration in the award of a contract or Master Price Agreement negotiated as a result of this Request for Proposal.

DATED this ______ day of _____________, _______.

( N a m e o f F i r m )

B y :
(Authorized Signature)

Title:

ATTACHMENT C

SPECIFICATIONS

LAW ENFORCEMENT EQUIPMENT

These specifications are intended to cover the complete range of LAW ENFORCEMENT EQUIPMENT. Several categories are included below but are in no means intended to limit the Proposer to responding to just these categories if there are other related products and services that Proposer would like to be considered for the award. Proposers should respond with pricing for all products and services they wish to be considered in the evaluation for a possible award and master price agreement.

The following categories are provided to indicate the intended extent of the RFP but do not necessarily represent the format of the Proposer’s response. Proposers may combine any and all categories and elements in a format that is most appropriate to represent their business in their response.

NOTE: Proposers are not required to respond to all categories. Proposals will only be evaluated based on the categories to which they respond.

Law Enforcement Equipment including but not limited to:
1) Equipment
a) Body Armor
i) Wearable body armor and body armor systems (including ballistic helmets) designed to meet U.S. National Institute of Justice (NIJ) Ballistic Resistance of Body Armor standard 0101.06 Types IIA, II, IIIA, III and IV.
b) Protective Gear
i) Gloves, eye protection, hearing protection, riot gear, shields, body pads, related accessories, etc.
c) Restraints
i) Straps, handcuffs, leg irons, related accessories, etc. d) Less Lethal Equipment
i) Defense sprays, munitions, batons, stun guns, tasers, related accessories, etc. e) Surveillance Equipment
i) Surveillance cameras, binoculars, night vision, thermal imagers, tactical (pole, under the door, through the wall), scopes, tripods, mounts, related accessories, etc. f) Bike Patrol Equipment
i) Patrol bikes, bags, parts, covers, headwear, saddles, cases, racks, mounts, helmets, lights, related accessories, etc.
g) Investigations and Evidence Equipment
i) Drug and alcohol tests, forensic equipment, evidence collection and storage, police tape, scene lighting, breathalyzers, related accessories, etc. h) Tactical Equipment
i) Entry tools, ballistic shields/ballistic blankets, flashlights, rope, rigging, rappelling/ climbing gear, related accessories, etc.
i) Communications Equipment
i) Radios, GPS devices, megaphones, earpieces, headphones, microphones, headsets, related

accessories, etc.
j) Traffic Safety and Control
i) Cones, hi-viz equipment, flares, barrier tape, traffic vests, gloves, traffic flashlights, measuring wheels, beacons, spike strips, wheel immobilizers, related accessories, etc. k) Training and Safety Equipment
i) Weapon replicas, training weapons, training handcuffs, training bags, field guides, related accessories, etc.
l) Vehicle Equipment
i) Speakers, sirens, flashers, mounts, lights, bumpers, handheld radar, locks, gun racks, partitions, trays, video systems, related accessories, etc. 2) Uniforms and Accessories
a) Duty gear
i) Duty belts, pouches, holsters, boots, shoes, related accessories, etc. b) Uniforms
c) Badges and Identification
i) Emblems, insignias, name strips, badge holders, nametags, wallets, buttons, pins, ID holders, related accessories, etc.
d) Concealment and plainclothes gear
e) Eyewear
f) Bags
3) Weapons and Ammunition
a) Firearms
b) Firearm accessories
i) Racks, safes, related accessories, etc.
c) Ammunition and Training Ammunition
d) Shooting Range Gear
i) Hearing protectors, shooting glasses, targets, earplugs, magazine loaders, related accessories, etc.
e) Knives
f) Tools
i) Wedges, entry tools, saws, bolt cutters, related accessories, etc. 4) Other
a) Other law enforcement equipment, related equipment and accessories not included in other categories.

ATTACHMENT D

PRICING SCHEDULE

The intent is for each Proposer to submit their complete product line so that Participating Agencies may order a wide array of products and services as appropriate for their needs. Proposer is encouraged but is not required to respond to all categories. Proposer may suggest additional categories and sub-categories as applicable. Proposer may subcontract items Proposer does not supply.

The Proposer should not necessarily limit the proposal to the performance of the services in accordance with this document but should outline any additional services and their costs if the Proposer deems them necessary to accomplish the program.

Pricing and resulting relative discount to LOC and NPPGov membership shall be clearly delineated on each proposal. Contract admin fee (established in the “Requirements” Section of the RFP) may not be listed or charged as a separate line item to users of the contract. Contract pricing shall be based upon:

1) Fixed discount(s) off published price list(s) or catalog(s) 2) Firm fixed price with economic adjustment (contingencies for economic price adjustments must be identified in the proposal)
3) A combination of the above.

EXAMPLE

LAW ENFORCEMENT EQUIPMENT
Product Category Percentage (%) off List Price*
(OR fixed price if % off pricing is not available)
1) Equipment
a) Body Armor
b) Protective Gear
c) Restraints
d) Less Lethal Equipment
e) Surveillance Equipment
f) Bike Patrol Equipment
g) Investigations and Evidence Equipment
h) Tactical Equipment
i) Communications Equipment
j) Traffic Safety and Control
k) Training and Safety Equipment
l) Vehicle Equipment

2) Uniforms and Accessories
a) Duty gear
b) Uniforms
c) Badges and Identification
d) Concealment and plainclothes gear
e) Eyewear
f) Bags

3) Weapons and Ammunition
a) Firearms
b) Firearm accessories
c) Ammunition and Training Ammunition
d) Shooting Range Gear
e) Knives
f) Tools

4) Other

Options
Proposers shall provide pricing on all options, modifications, and accessories in a format that best represents their product line and pricing structure. This may include specific pricing for some options and may also include general pricing/discounts for categories of options. Proposer may also indicate availability and pricing of all other non-specified options. The intent is to provide Proposers the opportunity to present as much product as possible in the format that fits within their individual formatting needs so that the resulting award allows LOC and NPPGov members the greatest number of procurement options.

Miscellaneous
Proposers should include any applicable pricing information related to Section 2.3 of the RFP including but not limited to: large volume purchases, cash terms, rebates, freight/delivery costs and individual discounts.

ATTACHMENT E

PROPOSAL EVALUATION FORM

Proposals will be evaluated using a two-step process.

The first step evaluates the responsiveness of the proposer and determines 1) if the proposer is deemed fully responsive enabling the proposal to move to the second step and 2) if the proposal will be evaluated as a local response (within the State of Oregon), regional response (covering multiple States, but not the entire US) or a national response (covering the entire US, or at least the continental US).

The second step of the evaluation process will only occur with proposals deemed fully responsive from the first step. The second step fully evaluates the proposer’s response based on the criteria found in the proposal evaluation form.

STEP 1
Proposal Responsiveness

Component YES NO
Submitted on time
Company name and RFP number on
outermost packaging

Completed Proposer Profile Workbook
(PPW)

Included pricing structure
Included references
Proposal signed
Deemed Fully Responsive YES NO

Categorized as Local, Regional or
National
Local Regional National

Proposal Evaluation Form

STEP 2
Full Evaluation of Proposal

Point Value Definitions
(5) Exceeded Requirements - Compelling Detail, Showed Ability to Complete (4) Met Requirements - Thorough, Provided Supportive Material/Examples (3) Satisfied Requirements - Sufficient
(2) Unclear if Requirements Met - Poor or Confusing
(1) Did Not Comply with Requirements - Substandard or Blank

Component Evaluated

Weight

Possible
Points
(1-5)

Total
Points
(Weight
x PP)

Evaluator’s Comments
Pricing: Product price and
discounts proposed included
favorable pricing for
cooperative purchasing.

Shipping conditions.

PPW Section 7.0 and Pricing
structure.

25 Comments:

Product Line (Score only
categories proposed):

Breadth, variety, quality of
product line and innovation
of products. Warranty
availability.

PPW Section 9.0.

15 Comments:

Marketing: Marketing plan
to promote the resulting
contractual agreement and
ability to incorporate use of
agreement in their sales
system throughout indicated
coverage region.

Willingness to allow
training of salesforce.

PPW Section 4.0.

15 Comments
Customer Service: Support
dedicated to Participating
Agencies. Ability to meet
promised delivery timelines.

Additional services offered.

Conduct e-commerce.

PPW Sub-Sections 2.3 & 2.4
and Section 6.0.

15 Comments:

Proven Experience: Success
in providing products and
services in a timely manner.

Years in business,
references and reputation.

Experience with cooperative
purchasing.

PPW Sub-Section 1.2.

15 Comments:

Coverage: Ability to provide
products and services for
indicated coverage region
including distribution, retail
& service facilities,
coordination of
manufacturer and
distribution, and staff
availability. Clearly states
distribution model and
provides dealer list if
applicable.

PPW Section 3.0 and Exhibit 1.

10 Comments:

Conformance: Completeness
of proposal and the degree
to which the Proposer
responded to the terms and
all requirements and
specifications of the RFP.

Followed the response
format and content, was
clear and easily understood.

Provided Term’s and
Condition’s, if applicable.

PPW Section 8.0 and 4.5 of
RFP.

5 Comments:

TOTAL

100
General Comments:

Name of Evaluator _________________________

Signature _________________________________

Date _________________

ATTACHMENT F

OREGON REVISED STATUTES (AS MAY BE AMENDED) REQUIREMENTS

Successful Proposer (Contractor) shall comply with the requirements of this ATTACHMENT F to the extent required by any applicable federal or state law.

(1) Contractor shall pay promptly, as due, all persons supplying labor or materials for the performance of the work provided for in the contract and shall be responsible for such payment of all persons supplying such labor or material to any Subcontractor.

(2) Contractor shall promptly pay all contributions or amounts due the Industrial Accident Fund from such Contractor or Subcontractor incurred in the performance of the contract.

(3) Contractor shall not permit any lien or claim to be filed or prosecuted against the LOC or any Participating Agency on account of any labor or material furnished and agrees to assume responsibility for satisfaction of any such lien so filed or prosecuted.

(4) Contractor and any Subcontractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167

(5) If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or materials furnished to the Contractor or a Subcontractor by any person in connection with the contract as such claim becomes due, the LOC or any Participating Agency may pay such claim to the persons furnishing the labor or material and charge the amount of payment against funds due or to become due Contractor by reason of the contract. The payment of a claim in the manner authorized hereby shall not relieve the Contractor or Contract surety from Contractor or its obligation with respect to any unpaid claim. If the LOC or any Participating Agency is unable to determine the validity of any claim for labor or material furnished, the District may withhold from any current payment due Contractor an amount equal to said claim until its validity is determined and the claim, if valid, is paid.

(6) Contractor shall promptly, as due, make payment to any person, co-partnership, association, or corporation, furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to employees of such Contractor, of all sums which the Contractor agrees to pay for such services and all monies and sums which the Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service.

(7) In a contract for personal services, contractor shall pay employees at least time and half for all overtime worked in excess of 40 hours in any one week under the contract in accordance with ORS 653.010 to 653.261 and the Fair Labor Standards Act of 1938 (29 USC 201, et seq.). In contracts for services, contractors shall pay employees at least time and a half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020(1)(b)(A) to (G) and for all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater.

(8) The Contractor must give notice in writing to employees who work on this contract, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and the days per week that the employees may be required to work.

(9) All subject employers working under the contract are either employers that will comply with ORS 656.017, or employers that are exempt under ORS 656.126.

(10) All sums due the State Unemployment Compensation Trust Fund from the Contractor or any Subcontractor in connection with the performance of the contract shall be promptly so paid.

(11) The contract may be canceled at the election of LOC for any willful failure on the part of Contractor to faithfully perform the contract according to its terms.

(12) Contractor certifies compliance with all applicable Oregon tax laws, in accordance with ORS 305.385.

(13) Contractor certifies that it has not discriminated against minorities, women, emerging small business enterprises certified under ORS 200.055, or business enterprises owned or controlled by or that employ a disabled veteran in obtaining any required subcontractors.

ATTACHMENT G

WIPHE RESPONSE FORM

THIS FORM MUST BE RETURNED WITH SOLICITATION RESPONSE

Vendor servicing Washington State AGREES to sell items included in this solicitation to WIPHE institutions at prices offered, unless otherwise noted below:

________ DOES NOT agree to sell to WIPHE Institutions.
________ AGREES to sell to WIPHE Institutions at same prices and discounts, with the following exceptions: (attach additional pages as necessary)

Vendor must state geographic areas or specific institution(s) listed below within the State of Washington that are EXCLUDED from the contract(s) resulting from this solicitation:

Washington Institutions of Public Higher Education (WIPHE). See list on following page.

If Vendor agrees to sell to the WIPHE Institutions, a WIPHE Contract number will be assigned and the information will be reported to the Council of Presidents. The Council of Presidents notifies all the other schools when a WIPHE contract has been awarded and a master list will be maintained and the WIPHE website updated. WIPHE shall determine, at its absolute discretion, whether it shall accept and/or utilize the contract resulting from the Request for Proposal

Washington Institutions of Public Higher Education (WIPHE)

FOUR-YEAR UNIVERSITIES

CENTRAL WASHINGTON UNIVERSITY

EASTERN WASHINGTON UNIVERSITY

THE EVERGREEN STATE COLLEGE

UNIVERSITY OF WASHINGTON

WASHINGTON STATE UNIVERSITY

WESTERN WASHINGTON UNIVERSITY

COMMUNITY AND TECHNICAL COLLEGES:

BATES TECHNICAL COLLEGE

BELLEVUE COMMUNITY COLLEGE

BELLINGHAM TECHNICAL COLLEGE

BIG BEND COMMUNITY COLLEGE

CASCADE COMMUNITY COLLEGE

CASCADIA COLLEGE

CENTRALIA COLLEGE

CLARK COLLEGE

CLOVER PARK TECHNICAL COLLEGE

COLUMBIA BASIN COLLEGE

EDMONDS COMMUNITY COLLEGE

EVERETT COMMUNITY COLLEGE

GRAYS HARBOR COLLEGE

GREEN RIVER COMMUNITY COLLEGE

HIGHLINE COMMUNITY COLLEGE

LAKE WASHINGTON TECHNICAL COLLEGE

LOWER COLUMBIA COLLEGE

OLYMPIC COLLEGE

PENINSULA COLLEGE

PIERCE COLLEGE

RENTON TECHNICAL COLLEGE

SEATTLE CENTRAL COMMUNITY COLLEGES

SHORELINE COMMUNITY COLLEGE

SKAGIT VALLEY COLLEGE

SOUTH PUGET SOUND COMMUNITY COLLEGE

SPOKANE COMMUNITY COLLEGES

STATE BOARD FOR TECHNICAL & COMMUNITY

COLLEGES

WENATCHEE VALLEY COLLEGE

YAKIMA VALLEY COMMUNITY COLLEGE

WHATCOM COMMUNITY COLLEGE

Miscellaneous local agencies within Washington State*

ADAMS COUNTY
PUYALLUP SCHOOL DIST 3

KITSAP COUNTY
FIFE SCHOOL DIST 417
RIVERVIEW SCHOOL DIST 407

GONZAGA UNIVERSITY

PLANNED PARENTHOOD OF WESTERN

WASHINGTON

SNOHOMISH COUNTY

MASON COUNTY

FEDERAL WAY SCHOOL DIST

SPOKANE COUNTY
ISSAQUAH SCHOOL DIST 411

ADAMS COUNTY FIRE DISTRICT

ADAMS COUNTY HEALTH DISTRICT

AFFILIATED HEALTH SERVICES

ALDERWOOD WATER DISTRICT

ANACORTES PORT OF
ANACORTES SCHOOL DISTRICT 103

ANNAPOLIS WATER DISTRICT

ASOTIN COUNTY
AUBURN SCHOOL DISTRICT 408
BAINBRIDGE IS SCHOOL DISTRICT 303

BAINBRIDGE ISLAND FIRE DEPARTMENT

BAINBRIDGE ISLAND PARKS
BATTLE GROUND SCHOOL DISTRICT 119
BELLEVUE SCHOOL DISTRICT 405

BELLINGHAM PORT OF
BELLINGHAM SCHOOL DISTRICT 501

BENTON COUNTY

BENTON COUNTY FIRE DISTRICT

BENTON COUNTY PUD

BENTON FRANKLIN COUNTY

BENTON FRANKLIN PRIVTE INDUST CNCL

BENTON PORT OF
BETHEL SCHOOL DISTRICT 403

BIG BROTHERS BIG SISTERS OF KING CO

BIRCH BAY WATER & SEWER DISTRICT

BLANCHET SCHOOL DISTRICT

BREMERTON KITSAP CO HEALTH DISTRICT

BREMERTON PORT OF
BREMERTON SCHOOL DISTRICT 100
BURLINGTON EDISON SCHOOL DIST 100

CANCER RESEARCH AND BOISTATISTICS

CASCADE BLUE MT FD SHR

CASCADE IRRIGATION DISTRICT
CASHMERE SCHOOL DISTRICT 222

CATHOLIC COMM SVCS OF KING CO
CENTRAL KITSAP SCHOOL DISTRICT 401

CENTRAL WAS COMP MENTAL HEALTH
CENTRALIA SCHOOL DISTRICT 40
CHEHALIS SCHOOL DISTRICT 302

CHELAN COUNTY

CHELAN COUNTY COMMUNITY HOSPITAL

CHELAN COUNTY FIRE DISTRICT
CHELAN COUNTY PUD 1

CHELAN DOUGLAS COUNTY HEALTH DIST

CHENEY CARE CENTER

CHILD CARE RESOURCE & REFERRAL

CHILDRENS THERAPY CENTER
CHIMACUM SCHOOL DISTRICT 49

CLALLAM COUNTY

CLALLAM COUNTY FIRE DISTRICT

CLALLAM COUNTY HOSPITAL DISTRICT

CLALLAM COUNTY PUD

CLARK COUNTY

CLARK COUNTY FIRE DISTRICT

CLARK COUNTY PUD
CLE ELUM-ROSLYN SCHOOL DISTRICT 404
CLOVER PARK SCHOOL DISTRICT 400

CNTRL WHIDBEY FIRE & RESCUE

COAL CREEK UTILITY DISTRICT

COALITION AGAINST DOMESTIC VIOLENCE

COLUMBIA COUNTY

COLUMBIA IRRIGATION DISTRICT

COLUMBIA MOSQUITO CONTROL DISTRICT

COMMUNITY CHRISTIAN ACADEMY

COMMUNITY PSYCHIATRIC CLINIC

COMMUNITY TRANSIT

CONFEDERATED TRIBES OF CHEHALIS

CONSOLIDATED DIKING IMPROVEMENT DIST

CONSOLIDATED IRRIGATION

COWLITZ COUNTY

COWLITZ COUNTY FIRE DISTRICT

COWLITZ COUNTY PUD

CROSS VALLEY WATER DISTRICT
DAYTON SCHOOL DISTRICT 2

DOUGLAS COUNTY

DOUGLAS COUNTY FIRE DISTRICT

DOUGLAS COUNTY PUD

DRUG ABUSE PREVENTION CENTER

E COLUMBIA BASIN IRRIGATION DIST

EAST WENATCHEE WATER
EATONVILLE SCHOOL DIST 404
EDMONDS SCHOOL DISTRICT 15
EDUCATIONAL SERVICE DIST 114
EDUCATIONAL SERVICE DISTRICT 113
ELLENSBURG SCHOOL DIST 401

ENUMCLAW SCHOOL DIST

EVERETT PORT OF

EVERETT PUBLICE FACILITIES DIST

EVERGREEN MANOR INC
EVERGREEN SCHOOL DIST 114

FEDERAL WAY FD

FERRY COUNTY

FERRY COUNTY PUBLIC HOSPITAL

FERRY OKAHOGAN FPD

FOSS WATERWAY DEVELOPMENT AUTHORITY

FRANKLIN COUNTY

FRANKLIN COUNTY PUD

FRANKLIN PIERCE SCHOOL DIST 402

FRIDAY HARBOR PORT OF
GARDENA FARMS IRRIGATION DIST 13

GARFIELD COUNTY

GRAND COULEE PROJECT
GRANDVIEW SCHOOL DIST 116/200
GRANITE FALLS SCHOOL DIST 332

GRANT COUNTY

GRANT COUNTY HEALTH DIST

GRANT COUNTY PUD

GRAYS HARBOR COUNTY

GRAYS HARBOR COUNTY FIRE DIST
GRAYS HARBOR COUNTY PUD # 1

GRAYS HARBOR PORT OF

GRAYS HARBOR PUB DEV AUTH

GRAYS HARBOR TRANSIT
GRIFFIN SCHOOL DIST 324

HARBORVIEW MEDICAL CENTER

HAZEL DELL SEWER DIST

HEALTHY MOTHERS HEALTHY BABIES COAL
HIGHLINE SCHOOL DIST 401

HIGHLINE WATER DIST

HOMESIGHT

HOPELINK
HOQUIAM SCHOOL DIST 28

HOUSING AUTHORITY OF PORTLAND

ILWACO PORT OF
INCHELIUM SCHOOL DIST 70

ISLAND COUNTY

ISLAND COUNTY FIRE DIST

JEFFERSON COUNTY

JEFFERSON COUNTY FIRE DIST

JEFFERSON COUNTY LIBRARY

JEFFERSON COUNTY PUD

JEFFERSON GENERAL HOSPITAL

KARCHER CREEK SEWER DIST
KELSO SCHOOL DIST 458

KENNEWICK GENERAL HOSPITAL
KENNEWICK SCHOOL DISTRICT 17
KENT SCHOOL DIST 415
KETTLE FALLS SCHOOL DIST 212

KING COUNTY

KING COUNTY FIRE DIST

KING COUNTY HOUSING AUTHORITY

KING COUNTY LIBRARY

KING COUNTY WATER SEWER

KINGSTON PORT OF

KITSAP COUNTY FIRE & RESCUE

KITSAP COUNTY LIBRARY
KITSAP COUNTY PUD 1

KITTITAS COUNTY

KITTITAS COUNTY PUD

KITTITAS COUNTY RECLAMATION DIST

KLICKITAT COUNTY

KLICKITAT COUNTY PUD

LAKE CHELAN RECLAMATION DIST
LAKE STEVENS SCHOOL DIST 4
LAKE WASHINGTON SCHOOL DIST 414

LAKEHAVEN UTILITY DIST
LAKEWOOD SCHOOL DIST 306
LEWIS CO PUD 1

LEWIS COUNTY

LEWIS COUNTY FIRE DIST

LEWIS PUBLIC TRANSPORTATION

LIBERTY LAKE SEWER & WATER DIST

LINCOLN COUNTY

LINCOLN COUNTY FIRE DIST

LONGVIEW PORT OF
LONGVIEW SCHOOL DIST 122

LOTT WASTEWATER ALLIANCE

LUMMI INDIAN NATION

MANCHESTER WATER DIST
MARYSVILLE SCHOOL DIST 25

MASON COUNTY FIRE DIST

MASON COUNTY PUD
MEAD SCHOOL DIST 354

METRO PARK DISTRICT OF TACOMA

MID COLUMBIA LIBRARY

MIDWAY SEWER DISTRICT
MONROE SCHOOL DIST 103
MORTON SCHOOL DIST 214

MOSES LAKE PORT OF

MOUNT BAKER SCHOOL DIST
MT VERNON SCHOOL DISTRICT 320
MUKILTEO SCHOOL DIST 6

MUKILTEO WATER DIST

NAVAL STATION EVERETT

NE TRI COUNTY HEALTH DIST

NORTH CENTRAL REGIONAL LIBRARY DIST
NORTH KITSAP SCHOOL DIST 400

NORTH SHORE UTILITY DISTRICT

NORTH THURSTON SCHOOL DISTRICT
NORTHSHORE SCHOOL DIST 417

NORTHWEST KIDNEY CTR

NORTHWEST WORK FORCE DEVELOPMENT CO

NW REGIONAL COUNCIL
OAK HARBOR SCHOOL DIST 201
OAKVILLE SCHOOL DIST 400
OCOSTA SCHOOL DIST 172

OKANOGAN COUNTY

OKANOGAN COUNTY FIRE DIST

OKANOGAN COUNTY PUD

OKANOGAN SCHOOL DISTRICT

OLYMPIA PORT OF
OLYMPIA SCHOOL DISTRICT 111

OLYMPIA THURSTON CHAMBER FOUNDATION

OLYMPIC AREA AGENCY ON AGING

OLYMPIC MEMORIAL HOSPITAL DIST

OLYMPIC REGION CLEAN AIR AGENCY

OLYMPIC VIEW WATER & SEWER DIST

OLYMPUS TERRACE SEWER DIST

PACIFIC COUNTY

PACIFIC COUNTY FIRE

PARATRANSIT SERVICES

PASCO SCHOOL DIST

PEND OREILLE COUNTY CONSERV DIST

PEND OREILLE COUNTY PUB HOSP DIST

PEND OREILLE COUNTY PUD
PENINSULA SCHOOL DISTRICT 401

PERRY TECHNICAL INSTITUTE

PIERCE COUNTY

PIERCE COUNTY FIRE DIST

PORT ANGELES PORT OF
PORT ANGELES SCHOOL DISTRICT 121

PRESCOTT SCHOOL DIST

PUGET SOUND CLEAN AIR AGENCY

PUGET SOUND SCHOOL DIST

QUINCY COLUMBIA BASIN IRRIG DIST
RICHLAND SCHOOL DIST 400
S KITSAP SCHOOL DISTRICT 402

S SNOHOMISH CO PUBLIC FAC DIST

SAFEPLACE

SAMISH WATER DIST

SAMMAMISH WATER AND SEWER DIST

SAN JUAN COUNTY

SAN JUAN COUNTY FIRE DIST

SEA MAR COMM HEALTH CTR

SEATTLE JEWISH PRIMARY SCHOOL

SEATTLE PORT OF
SEATTLE SCHOOL DIST 1

SEATTLE UNIVERSITY

SECOND AMENDMENT FOUNDATION

SECOND CHANCE INC

SENIOR OPPORTUNITY SERVICES
SHELTON SCHOOL DISTRICT 309

SILVERDALE WATER

SKAGIT COUNTY

SKAGIT COUNTY CONSERVATION DIST

SKAGIT COUNTY FIRE DIST

SKAGIT COUNTY ISLAND HOSPITAL

SKAGIT COUNTY PORT OF
SKAGIT COUNTY PUD 1

SKAGIT TRANSIT

SKAMANIA COUNTY

SKOOKUM INC

SNOHOMISH COUNTY LIBRARY

SNOHOMISH COUNTY PUD

SNOHOMISH HEALTH DISTRICT
SNOHOMISH SCHOOL DISTRICT 201
SOAP LAKE SCHOOL DISTRICT 156

SOOS CREEK WATER AND SEWER DIST

SOUND TRANSIT

SOUTH COLUMBIA BASIN IRRIG DIST

SOUTH EAST EFFECTIVE DEVELOPMENT

SOUTH SOUND MENTAL HEALTH SERVICES

SOUTHWEST YOUTH & FAMILY SERVICES

SPECIAL MOBILITY SERVICES INC

SPOKANE CO AIR POLLUTION CNTRL AUTHORITY

SPOKANE COUNTY FIRE DIST

SPOKANE COUNTY LIBRARY
SPOKANE SCHOOL DISTRICT 81

ST JOSEPH/MARQUETTE SCHOOL
STANWOOD SCHOOL DIST 410

STEVENS COUNTY

STEVENS COUNTY PUD

STILLAGUAMISH TRIBE OF INDIANS
SUMNER SCHOOL DISTRICT 320

SUNNYSIDE PORT OF
SUNNYSIDE SCHOOL DISTRICT 201

SUQUAMISH TRIBE

SW CLEAN AIR AGENCY

SWINOMISH TRIBE

TACOMA DAY CHILD CARE AND PRESCHOOL

TACOMA MUSICAL PLAYHOUSE

TACOMA PORT OF
TACOMA SCHOOL DISTRICT 10

TACOMA-PIERCE CO
TAHOMA SCHOOL DISTRICT 409

TERRACE HEIGHTS SEWER DISTRICT

THURSTON COMMUNITY TELEVISION

THURSTON COUNTY

THURSTON COUNTY CONSERVATION DIST

THURSTON COUNTY FIRE DISTRICT
TOPPENISH SCHOOL DISTRICT 202
TOUCHET SD 300

TRIUMPH TREATMENT SERVICES
TUKWILA SCHOOL DIST 406
TUMWATER SCHOOL DISTRICT 33

U S DEPARTMENT OF TRANSPORTATION

UNITED WAY OF KING COUNTY

UNIVERSITY PLACE SCHOOL DIST

UPPER SKAGIT INDIAN TRIBE

VAL VUE SEWER DISTRICT

VALLEY TRANSIT

VALLEY WATER DISTRICT

VANCOUVER PORT OF
VANCOUVER SCHOOL DISTRICT 37
VASHON ISLAND SCHOOL DISTRICT 402

VERA IRRIGATION

VETERANS ADMINISTRATION

VOLUNTEERS OF AMERICA

WA ASSOC OF SCHOOL ADMINISTRATORS

WA ASSOC SHERIFFS & POLICE CHIEFS

WA GOVERNMENTAL ENTITY POOL

WA LABOR COUNCIL AFL-CIO

WA PUBLIC PORTS ASSOCIATION

WA RESEARCH COUNCIL

WA ST ASSOCIATION OF COUNTIES

WA STATE PUBLIC STADIUM AUTHORITY

WAHKIAKUM COUNTY

WALLA WALLA COLLEGE

WALLA WALLA COUNTY

WALLA WALLA COUNTY FIRE DISTRICT

WALLA WALLA PORT OF
WALLA WALLA SD 140

WASHINGTON ASSOCIATION

WASHINGTON COUNTIES RISK POOL

WASHINGTON FIRE COMMISSIONERS ASSOC

WASHINGTON HEALTH CARE ASSOCIATION

WASHINGTON PUBLIC AFFAIRS NETWORK

WASHINGTON STATE MIGRANT COUNCIL
WEST VALLEY SCHOOL DISTRICT 208
WEST VALLEY SCHOOL DISTRICT 363

WESTERN FOUNDATION THE

WHATCOM CONSERVATION DIST

WHATCOM COUNTY

WHATCOM COUNTY FIRE DISTRICT

WHATCOM COUNTY RURAL LIBRARY DIST

WHIDBEY GENERAL HOSPITAL

WHITMAN COUNTY

WHITWORTH WATER

WILLAPA COUNSELING CENTER
WILLAPA VALLEY SCHOOL DISTRICT 160

WILLAPA VALLEY WATER DISTRICT
WINLOCK SCHOOL DISTRICT 232

WOODINVILLE FIRE & LIFE SAFETY DIST

WOODLAND PORT OF

YAKIMA COUNTY

YAKIMA COUNTY FIRE DISTRICT

YAKIMA COUNTY REGIONAL LIBRARY
YAKIMA SCHOOL DISTRICT 7

YAKIMA VALLEY FARMWORKERS CLINIC

YAKIMA-TIETON IRRIGATION DISTRICT

YELM COMMUNITY SCHOOL DISTRICT

YMCA - TACOMA PIERCE COUNTY

YMCA OF GREATER SEATTLE

*Washington State cities and other unnamed
Washington State local and municipal agencies may
also utilize the resulting Master Price Agreement;
provided they enter into the Intergovernmental
Cooperative Purchasing Agreement.

ATTACHMENT H

LOCAL GOVERNMENT UNITS BY STATE

Oregon’s Incorporated Cities

ADAIR VILLAGE
ADAMS
ADRIAN
ALBANY
AMITY

ANTELOPE

ARLINGTON

ASHLAND

ASTORIA
ATHENA

AUMSVILLE
AURORA

BAKER CITY
BANDON
BANKS
BARLOW

BAY CITY

BEAVERTON
BEND

BOARDMAN

BONANZA

BROOKINGS

BROWNSVILLE
BURNS

BUTTE FALLS
CANBY

CANNON BEACH

CANYON CITY

CANYONVILLE

CARLTON

CASCADE LOCKS

CAVE JUNCTION

CENTRAL POINT

CHILOQUIN

CLATSKANIE
COBURG

COLUMBIA CITY
CONDON

COOSBAY

COQUILLE

CORNELIUS

CORVALLIS

COTTAGE GROVE
COVE

CRESWELL
CULVER
DALLAS

DAMASCAS
DAYTON

DAYVILLE

DEPOE BAY

DETROIT
DONALD
DRAIN
DUFUR
DUNDEE

DUNES CITY
DURHAM

EAGLE POINT
ECHO
ELGIN
ELKTON

ENTERPRISE

ESTACADA
EUGENE

FAIRVIEW

FALLS CITY

FLORENCE

FOREST GROVE
FOSSIL

GARBALDI
GASTON
GATES

GEARHART

GERVAIS

GLADSTONE

GLENDALE

GOLD BEACH

GOLD HILL

GRANITE

GRANTS PASS

GRASS VALLEY

GREENHORN

GRESHAM
HAINES

HALFWAY
HALSEY

HAPPY VALLEY

HARRISBURG
HELIX

HEPPNER

HERMISTON

HILLSBORO
HINES

HOOD RIVER

HUBBARD

HUNTINGTON
IDANHA
IMBLER

INDEPENDENCE
IONE

IRRIGON

ISLAND CITY

JACKSONVILLE

JEFFERSON

JOHN DAY

JOHNSON CITY

JORDAN VALLEY
JOSEPH

JUNCTION CITY
KEIZER

KING CITY

KLAMATH FALLS

LA GRANDE
LAPINE

LAFAYETTE

LAKE OSWEGO

LAKESIDE

LAKEVIEW

LEBANON

LEXINGTON

LINCOLN CITY

LONEROCK

LONG CREEK

LOSTINE
LOWELL
LYONS
MADRAS
MALIN

MANZANITA
MAUPIN

MAYWOOD PARK

MCMINNVILLE

MEDFORD

MERRILL

METOLIUS

MILLCITY

MILLERSBURG

MILTON-

FREEWATER

MILWAUKIE

MITCHELL

MOLALLA

MONMOUTH
MONROE

MONUMENT
MORO
MOSIER

MT ANGEL

MT VERNON

MYRTLE CREEK

MYRTLE POINT

NEHALEM

NEWBERG

NEWPORT

NORTH BEND

NORTH PLAINS

NORTH POWDER
NYSSA

OAKLAND

OAKRIDGE

ONTARIO

OREGON CITY

PAISLEY

PENDLETON

PHILOMATH

PHOENIX

PILOT ROCK

PORT ORFORD

PORTLAND
POWERS

PRAIRIE CITY

PRESCOTT

PRINEVILLE

RAINIER

REDMOND

REEDSPORT

RICHLAND
RIDDLE

RIVERGROVE

ROCKAWAY
BEACH

ROGUE RIVER

ROSEBURG
RUFUS
SALEM
SANDY

SCAPPOUSE
SCIO

SCOTT MILLS

SEASIDE
SENECA

SHADY COVE

SHANIKO

SHERIDAN

SHERWOOD
SILETZ

SILVERTON

SISTERS

SODAVILLE
SPRAY

SPRINGFIELD

ST HELENS

ST PAUL

STANFIELD

STAYTON

SUBLIMITY

SUMMERVILLE

SUMPTER

SUTHERLIN

SWEET HOME
TALENT

TANGENT

THE DALLES
TIGARD

TILLAMOOK
TOLEDO

TROUTDALE

TUALATIN
TURNER
UKIAH

UMATILLA
UNION
UNITY
VALE
VENETA

VERNONIA

WALDPORT

WALLOWA

WARRENTON
WASCO

WATERLOO

WESTLINN

WESTFIR
WESTON

WHEELER

WILLAMINA

WILSONVILLE

WINSTON

WOOD VILLAGE

WOODBURN

YACHATS

YAMHILL

YONCALLA
This may not be a
complete list of all
Oregon cities, but all
other Oregon cities
shall be incorporated
by this reference.

Hawaii’s Counties

Hawaii Honolulu Kala wao Kaua’i Maui

LEAGUE OF OREGON CITIES
Law Enforcement Equipment Solicitation Synopsis
Solicitation No. 2010
Intent
T
he League of Oregon Cities (LOC) served as Lead Agency to solicit proposals for Law Enforcement Equipment. LOC works in cooperation with National Purchasing Partners “NPP” and its Government Division dba NPPGov, dba Public Safety GPO and dba Law Enforcement GPO (collectively hereinafter “NPPGov”), to service the LOC and NPPGov membership. The published Request for Proposal (RFP) contained provisions that permitted all members of LOC and NPPGov throughout the nation to “piggy-back” off the resulting Master Price Agreement.

Determination for issuing RFP vs. Sealed Bid
LO
C has determined that it is advantageous for LOC to procure Law Enforcement Equipment using a secure competitive RFP process evaluated based on “best value” rather than sealed bidding. Sealed bidding limits evaluation of offers solely to compliance with the requirements, provides no opportunity to compare the product and service offerings among the vendors, and uses price as the predominate deciding factor. Such limitations prevent LOC from awarding the most advantageous contract(s) for LOC and its members.

Procedure
LOC issued an RFP (2010) on January 6th, 2020.

T
he RFP was published in the Daily Journal of Commerce on January 9th, 2020.

T
he RFP was published in USA Today on January 9th, 2020.

Th
e RFP closed on March 9th, 2020.

T
he RFP was awarded on April 27th, 2020.

T
he RFP was posted to the following web sites: www.nppgov.com, www.orcities.org and www.findrfp.com

The text of the published notice of solicitation is as follows:

LOC received a proposal (s) from the following vendor (s):

1. Ax
on

2. Curtis Blueline

3. HAIX

4. MES
A c
opy of the log for proposals received is attached hereto.

Pro
posals were evaluated by LOC based on the criteria contained in the RFP and selected the following successful proposer(s):

1. Ax
on

2. Curtis Blueline

3. HAIX

4. MES

Evaluation
T
he evaluation was based on the following criteria as described in the RFP (weighted):

Component Evaluated Weight
Pricing: Product price and discounts proposed included favorable pricing for cooperative purchasing.

Shipping conditions.

PPW Section 7.0 and Pricing structure.
25 Product Line (Score only categories proposed): Breadth, variety, quality of product line and innovation of products. Warranty availability.

PPW Section 9.0.
15 Marketing: Marketing plan to promote the resulting contractual agreement and ability to incorporate use of agreement in their sales system throughout indicated coverage region. Willingness to allow training of salesforce.

PPW Section 4.0.
15 Customer Service: Support dedicated to Participating Agencies. Ability to meet promised delivery timelines. Additional services offered.

Conduct e-commerce.

PPW Sub-Sections 2.3 & 2.4 and Section 6.0.
15 Proven Experience: Success in providing products and services in a timely manner.

Years in business, references and reputation. Experience with cooperative purchasing.

PPW Sub-Section 1.2.
15 Coverage: Ability to provide products and services for indicated coverage region including distribution, retail & service facilities, coordination of manufacturer and distribution, and staff availability. Clearly states distribution model and provides dealer list if applicable.

PPW Section 3.0 and Exhibit 1.
10 Conformance: Completeness of proposal and the degree to which the Proposer responded to the terms and all requirements and specifications of the RFP. Followed the response format and content, was clear and easily understood. Provided Term’s and Condition’s, if applicable.

PPW Section 8.0 and 4.5 of RFP.
5 TOTAL 100

Pricing Structure
A
xon: Proposer provided a fixed pricing structure. See Price List Attachment in the resulting Master Price Agreement.

C
urtis Blueline: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement.

HAI
X: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement.

M
ES: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement.

Additional Information
N
ational Purchasing Partners Bruce Busch, Senior VP
1100 Olive Way [email protected]
Suite #1020 (206) 515-5439
Seattle, WA 98101 www.nppgovernment.com

AFFIDAVIT OF PUBLICATION
DJC

OFFICIAL
921 S.W. Washington St. Suite 210 / Portland, OR 97205-2810 (503) 226-1311
STATE OF OREGON, COUNTY OF MUL TNOMAH--ss.

I, Nick Bjork , being first duly sworn, depose and say that I am a Publisher of the Daily Journal of Commerce , a newspaper of general circulation in the counties of CLACKAMAS, MULTNOMAH, and WASHINGTON as defined by ORS 193.010 and 193.020; published at Portland in the aforesaid County and State; that I know from my personal knowledge that the Goods andServices notice described as Case Number: NOT PROVIDED

WIRELESS - MOBILITY DATA & COMMUNICATIONS SOLUTIONS, APPLICATIONS, RELATED EQUIPMENT & League of Oregon Cities; Bid Location Seattle, WA, King County; a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for 1 time(s) in the following issues:
1/8/2020
State of Oregon
County of Multnomah

SIGNED OR ATTESTED BEFORE ME
ON THE 8th DAY OF January, 2020
Nick Bjork
Notary Public-State of Oregon
OFFICIAL STAMPMICHELLE ANNE ROPPNOTARY PUBLIC - OREGONCOMMISSION NO. 981091 MMISSION EXPIRES NOVEMBER 05, 2022 Nate Boike
National Purchasing Partners
1100 Olive Way Ste 1020
Seattle, WA 98101-1899

LEAGUE OF OREGON CITIES
(LOC)
·· · NOTICE OF SOLICITATION
LOC intends to enter into a master
_grice agreement fo_r the procurem� of
the following pro ucts an services to
LOG members and available to _all
members of the national cooperative
purchasing program National Purchasing
Partners, LLC ("NPPGov").

Wireless - Mobility Data &
Communications Solutions,
Applications, Related Equipment &
Accessories #2005
Law Enforcement Equipment #2010 · Leasing Services for Public · Organizations #2015
Public Safety Sottware Sol�!ion_s,
Data Collection, Storage & Ut1hzation
#2020
Protective Coatings, Sealants,
Flooring &' Paint for Government
#2025
Consulting Services for Public
Organizations #2035
Responses due 5:00 pm
March 9th, 2020_
For information or a copy of the
Request for Proposal contact LOG,
Procurement Specialist, at 503-540-6567,
[email protected] or download at
www.orcities.org
Published Jan. 8, 2020. 11834774
Order No.: 11834774
Client Reference No:

May 3, 2022

Police Department

DATE: May 3, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Louie Tirona, Acting Chief of Police
Subject:

Allied Universal Security (AUS) Services Contract
Amendment
FINANCIAL IMPACT: Funding will come from the Library’s approved budget for FY2021-2022, and will be budgeted for accordingly for
FY2022-2023 using account string 21741055-400201.

PREVIOUS COUNCIL
ACTION:

November 23, 2021
December 17, 2019

STATEMENT OF THE
ISSUE:

The Police Department has an existing contract with
Allied Universal to provide unarmed security guard
services at the Civic Center campus. In addition to the existing agreement, the Police Department has agreed to expand the coverage by adding two daytime security
guard shifts at the Library.

RECOMMENDED ACTION:

APPROVE a contract amendment with Allied Universal
for additional security guard services at 325 Civic Center Plaza to increase the contract amount by $55,000.00, for a new total payment limit not to exceed $1,064,350.00,
with a term expiring on December 31, 2022 – Police
Department (Louie Tirona, 621-1802).

AGENDA
REPORT

May 3, 2022
DISCUSSION:

The Police Department is responsible for managing the contract with Allied Universal Security (AUS) as it pertains to security services; therefore, the Police Department is requesting a contract amendment on behalf of the Library to staff two dedicated unarmed security guards at the Library during normal business hours. The Library has requested the services to address the safety concerns and recent vehicle vandalism/theft within the immediate vicinity. In an effort to improve overall satisfaction and service for employees and customers, the guards will primarily be stationed at the public entrance to the Main Library and provide the following services during library hours:

 Observed and report incidents to the Richmond Police Department  Interact with Library visitors while exhibiting a friendly and welcoming manner  Conduct perimeter walks of the parking area adjacent to the front entrance and immediately behind the Main Library and Employment & Training buildings  Conduct interior walks of public service areas every 1-2 hours  Assist Library staff with incidents as they occur. This could include, among other things, medical/mental health emergencies while awaiting 911 PD and Emergency Medical assistance, or escorting individuals who violate the Library Patron Code of Conduct policy
 Before opening, clear the Children’s Courtyard of any activity not Library-related  At closing, escort Library employees safely to their vehicles

Allied Universal currently provides overnight security guard services at City Hall and daytime foot patrols around the Civic Center Campus.

Following the pricing agreement set in place with the Police Department’s current contract with AUS, the two additional security guards will cost $82,434.77 annually, or $6,869.56 monthly. The Police Department is asking for $55,000 ($6,869.56 x 8 months = $54,956.51), which will cover the period May 1, 2022 through December 31, 2022, for the library. May and June’s expense of $13,739.13 ($6,869.56 x 2) will come from the Library’s FY2021-2022 approved budget, and the Library will budget $41,217.38 (6,869.56 x 6) for the remaining period July 1, 2022 through December 31, 2022 for FY2022-2023 using account string 21741055-400201.

The Police Department’s current contract for $1,009,350, plus the $55,000 to be added by this amendment, will total $1,064,350.00.

The term of the agreement (November 1, 2021 - December 31, 2022) remains unchanged.

DOCUMENTS ATTACHED:

Attachment 1 - ALLIED UNIVERSAL 2nd Amendment
Attachment 2 - ALLIED UNIVERSAL 1st Amendment

May 3, 2022
Attachment 3 - ALLIED UNIVERSAL Original Contract
Attachment 4 - AUS Security Proposal for Richmond Library April 13, 2022

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Ma nager:

Project Manager E-mail:

Project Manager Phone No:

P.R. No: Vendor No: P.O./Contract No:

Description of Services:

Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)

Term, Payment Limit and Service Plan
Payment Limit and Service Plan

Term an d Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]
[ ] other [specify:]

2. Purpose
. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.

3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.

Police
LT. ELIZABETH BASHAN
[email protected]
(510) 621-1817
12424
5029

SECURITY SERVICES AT THE LIBRARY
✔
2 ALLIED UNIVERSAL SECURITY SERVICES
1855 GATEWAY BLVD, STE 140
CONCORD, CA 94520

ALICIA MERCER
(510) 507-9358
[email protected]
40051433
March 26, 2022
✔
December 17, 2019
January 1, 2020
December 31, 2022
944,350.00

Contract Amendment/EJ/TE 09-26-07

4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.

5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.

6. Insurance Coverage Updated and Maintained.

Pursuant to the Original Contract,
the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.

7. Signatures
. These signatures attest the parties’ agreement hereto:

CITY OF RICHMOND, CALIFORNIA
a municipal corporation

By _______________________

Title:

I hereby certify that the Original Contract
and this Amendment have been approved
by the City
Council or executed by the City
Manager.

By _______________________
City Clerk

Approved as to form:

By_______________________
City Attorney

List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates

CONTRACTOR:

______________________________

(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)

By____________________________

Title:________________________

(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)

By:___________________________

Title:________________________

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or
nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President and
the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.

ALLIED UNIVERSAL SECURITY SERVICES

Contract Amendment between the City of Richmond and
Amendme
nt No. P.O./Contract No.

AMENDMENT PROVISIONS (PAYMENT LIMIT AND SERVICE PLAN)

1. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the
payment limit by $ . Paragraph 3 of the Original Contract is
amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract Amend
ment shall not exceed $ including expenses." “The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”

2. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the f
ollowing tasks and/or services:

Contract Amendment/EJ/TE 9-26-07
5029
2 ALLIED UNIVERSAL SECURITY SERVICES
55,000.00
1,064,350.00

1. Per the attached (Attachment 1) 2022 Budget Proposal, the Contractor will assign two unarmed security guards to the Library at 325 Civic Center Plaza, Monday through Wednesday, between the hours of 8 a.m. and 7:30 p.m., and Thursday and Friday, between the hours of 8 a.m. and 5 p.m.

2. The security guards will provide partrol and stationary security functions inside and around the Library building as directed in post orders provided by the Director of Community Services.

Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (AMENDMENT HISTORY)

The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increa sed contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan

The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increa sed contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan

The third Contract Amendment was approved by City Coun cil of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increa
sed contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan

The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increa sed contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan

The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increa sed contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan

5029
2 ALLIED UNIVERSAL SECURITY SERVICES
11/23/2021
65,000.00
1,009,350.00
✔
✔
✔
55,000.00
1,064,350.00
1,064,350.00
1,064,350.00
1,064,350.00
✔

April 13, 2022
Melinda Cervantes
Interim Deputy Director of Community Services Library
Richmond Library
325 Civic Center Drive
Richmond, CA 94804
Dear Ms. Cervantes,
Thank you for inviting Allied Universal® Security Services to participate in your proposal process.

We understand the importance of quality security, and we look forward to providing a customized program that meets your requirements for the Richmond Library at 325 Civic Center Drive.

No matter where or when services are required, there's peace of mind knowing your security partner is also a member of your community.

Our management support system ensures you receive the individual attention and service you require. Our Client Managers are in charge of directly supervising your security program locally, while a network of branch offices puts regional management with in-depth knowledge of your market within easy reach.

We look forward to continuing to work with your organization. I will contact you to discuss the next steps. If you have any questions, please contact me at 510-507-9358 or [email protected].

Sincerely,
Alicia Mercer
[x]
Alicia Mercer
Business Development Manager
Attachment 1

Enhanced Security with a
Focus on Safety

A Security Program for
Richmond Library

April 13, 2022

[x]
Presented to:

Melinda Cervantes
Interim Deputy Director of Community
Services Library
Richmond Library

Presented by:

Alicia Mercer
Business Development Manager
Allied Universal® Security Services

Richmond Library 3
A Customized Security Program for
Richmond Library
Allied Universal® has provided customized
security solutions to meet the specific needs of
clients large and small since 1957. We're committed
to working with you to understand your industry and
goals in order to create a security solution tailored
to your unique requirements, and managed by a
team of professionals who can provide peace of
mind and allow you to focus on your core business.

When you partner with Allied Universal®, carefully screened and trained Security Professionals who are sensitive to your unique business environment, coupled with leading edge technology, will provide the safety and security you require.

Engaged Security Professionals will enhance your brand and will be led by experienced, local managers. Real-time security technology solutions will increase operational efficiencies and validate the effectiveness of your program. This integrated combination of people plus technology allows you to focus on what matters to you with the confidence that you have a true security partner that is there for you every day.

Selecting Employees for Your Unique Environment
When Security Professionals are well matched to the requirements of their post, they'll be better engaged in their day-to-day responsibilities, provide better service for you, and stay in their position longer. Allied Universal® is dedicated to hiring, developing, and retaining top-quality security professionals who will be the best fit for your culture, understand your needs, and demonstrate ownership for your security success.

Our breadth of recruiting resources
and reputation as a great place to
work contribute to the more than 1.5
million candidates in our hiring
pipeline. Proven processes and a
robust applicant pool ensure our
security professionals are the right
fit and have the right skills for your
library. Allied Universal® carefully
tailors job descriptions to fit your needs and uses AU HireSmart™, our Artificial Intelligence (AI)- powered recruiting solution, to engage candidates and match their qualifications, interests, and preferences to the job most suited to their skills and personality.

Our application process doesn't stop at introductory screening. Initial interviews with candidates, scheduled quickly and automatically with AUHireSmart™, provide an opportunity to evaluate demeanor, attitude, and communications skills. Qualified candidates formally interview with our branch recruiters and hiring managers.

Stringent background screening is also an essential component in selecting high-caliber employees for Richmond Library, and includes:

Richmond Library 4

Benefits for Security Professionals at Richmond Library Allied Universal® is committed to doing what is in the best interest of our clients and that starts with treating our employees well. We know that benefits are extremely important to our employees, and that they prefer to have a variety of options. Employees who are offered benefits and fair compensation have peace of mind and a clearer focus on their daily job responsibilities, which translates into higher employee engagement, as well as greater satisfaction and productivity, which are critical to the success of your security program.

Some of the benefits available to Security Professionals include:
• Medical Insurance coverage
• Dental and vision coverage
• 401(k) retirement plans
• Anniversary bonus program
• Disability and life insurance
• Tuition discounts
• Uniforms at no cost
• Travel and retail discount programs
Customized Training for Your Security Program
Well-trained Security Professionals not only enhance safety, mitigate risk, and maximize security for the people and assets at your site, but they also ultimately provide a higher return on your investment. Allied Universal® Security Professionals undergo extensive and regular training, and become fully immersed in your business, procedures, and company culture.

To ensure that Security Professionals at Richmond Library have the knowledge and skills to serve you and to grow in their careers, training is not just provided but tested for retention and tracked to record completion.

Local Management with National and International Support Local managers are empowered decision makers who know your site, understand your security needs, and are motivated and well compensated. At the local level, your account manager is directly involved in the process of hiring, training, performance evaluation, and employee development. A team of human resource, training, and recruiting specialists actively supports each manager.

Our national and international support teams are in place to lend guidance, training, and other resources to local Security Professionals and managers. These specialists maintain excellent relationships with the local team, and proactively implement programs and procedures to ensure quality service. The combination of local responsiveness and national and international support resources is what sets us apart from every other security services company.

Richmond Library 5

Keeping Your Property, People, and Assets Safe and Secure With the right security partner, you will have peace of mind knowing that daily safety challenges are managed and a prepared team is in place to respond to
emergencies. Our strong safety culture promotes
safety-conscious behaviors and leads to a safer work
environment for everyone.
• Ensuring Safety Daily: Security Professionals
are immersed in our Safety Program, and are
fully trained to take proactive safety measures;
report incidents; and seek out opportunities to
help make your location safer. This leads to
fewer accidents, less time lost from work due to
injury, and fewer interruptions for you.
• Emergency Preparedness: Allied
Universal® will work with Richmond Library's emergency plans and implement them to ensure everyone on site is prepared.
• Emergency Response: We have the resources to quickly respond to emergencies and fill additional staffing needs with high quality, well-trained personnel, giving you peace of mind knowing that Allied Universal® has formal processes and depth of personnel to respond for you.

Leading-Edge Technology
Our digital business strategy drives efficiency, communication, collaboration, and effectiveness for Richmond Library. The result is streamlined and accurate business processes, greater transparency, and increased value. We are
committed to meeting the needs of Richmond
Library through innovative solutions.
• Real-time transparency into the location and
activities of each Security Professional
through HELIAUS®, our proprietary
electronic monitoring and reporting system.
• Cost-effective and proactive, end-to-end
video surveillance solution—from the
camera to the Central Command Center—
through our Monitoring and Response
Center (MRC). Using an unprecedented
combination of technologies, analytics and real-time, event-based monitoring by experienced Security Intervention Specialists, the MRC provides customized solutions that are scalable, reliable, and unmatched.
• 24/7 smart "eyes and ears" with Autonomous Data Machines (ADMs or Robots). New revolutionary capabilities to increase threat management through the strategic integration of people, processes, and technology, while at the same time, significantly reducing costs. • Quick Security Professional candidate sourcing, screening, interview scheduling, and placement through AUHireSmart™.
• Accurate invoicing, scheduling, payroll, and compliance through the integrated WinTeam system.
• Communication and collaboration through eHUB, our client and employee portal.

Richmond Library 6
• Learning and development through Allied Universal® EDGE, our online learning management system, and our performance management program. • Optimizing efficiency, ensuring safety, and consistently managing attendance at your site through Allied Universal® Post Watch™.
• Quality assurance through Allied Universal® Voice, our formal voice of the customer program, which monitors your experience and elicits your feedback.

These proprietary programs drive efficiency to your security program. In addition, your security program should be developed to meet your security and safety needs in the most efficient and productive manner possible. Whether you need incident management, tour management, visitor management, remote monitoring, security assessment, or other technologies to enhance your security, Allied Universal® will provide the right solution.

Providing Seamless and Transparent
Transitions for More Than 60 Years
Allied Universal® seamlessly transitions more
than 1,000 new sites annually. The transition is
critical to delivering the right first impressions for
your stakeholders.

On day one, Allied Universal® Security
Professionals arrive at your site properly oriented,
trained, and uniformed, resulting in minimal
disruption to your business. A dedicated transition
team will communicate with you, reviewing our
comprehensive transition plan, and ensuring your
security presence is constant and reliable.

If you wish to retain members of your existing security team, we will implement a comprehensive staffing strategy to address retention of qualified personnel. The incumbent workforce can meet with our managers, learn more about the company, and if they meet Allied Universal® and Richmond Library's qualifications, they will begin our orientation and training.

Richmond Library 7

A customized transition plan will include:
• Assessment of security personnel needs
• Assignment of timetable and measurable goals
• Experienced transition management team assignments
• Thorough security professional recruiting, screening, and selection
• Customized training manual
• Organized security force deployment
• Initial and on-site training
As an Allied Universal® client, you will feel confident that you have a partner who truly understands your needs and aspirations.

Through our leading services, systems and solutions...Allied Universal® is There for you.®

Richmond Library 8

Pricing Notes

Wages
In today's labor market, the wage of the
security professional is a significant
variable in the quality of your program. It
is essential that the right wage is offered
in order to ensure a safe and secure
environment, build stakeholder
confidence and protect Richmond
Library's brand.

401(k) Retirement Plan
Allied Universal® employees are eligible
to enroll in our 401(k) retirement
savings program anytime following six
months of employment.
[x]
Proposed Holidays
Allied Universal® recognizes the
following holidays:
• New Year's Day
• Martin Luther King Jr. Day
• President's Day
• Memorial Day
• Independence Day
• Labor Day
• Thanksgiving Day
• Christmas Day
All employees who work on a designated holiday will receive 1.5 times their wage rate for hours worked. Allied Universal® will invoice 1.5 times the hourly billing rate for hours worked on the designated holidays. Holiday billing may or may not be included in our annual budget estimate or standard billing rates.

Overtime
Overtime of 1.5 times the hourly billing rate is only billed in the following circumstances and not for scheduling issues or vacation coverage.
[x]
Specific Requests
With requests for a specific individual to work more than their 40 hours for a special reason, regardless of the notice provided, only the overtime impact for that individual will be billed. Example:
"We need Security Professional Smith to stay two extra hours at the end of his shift to help with a special project." Only the additional two hours will be billed at the overtime rate if it will put him over 40 hours.

Richmond Library 9
Additional Requests for Security Professionals
Requests for coverage in excess of the agreed-upon amount of total security professionals' base hours on site may be billed as overtime until coverage is incorporated into the permanent base hours. We will work to meet needs for additional security professionals through the local offices.

Life Insurance: We provide Basic Life Insurance and Accidental Death and Dismemberment (AD&D) at no cost to the employee ($10,000) and offer additional voluntary coverage of up to 5 times their salary to a maximum of $500,000. Additional voluntary coverage is available for spouse, domestic partner, or dependent children.

Supplementary Insurance Programs: We provide employees an opportunity to enroll in a variety of insurance benefits including accident, critical illness, hospital and short and long-term disability insurance plans.

Billing Frequency and Payment Terms
Allied Universal® will invoice Richmond Library on a weekly basis for all scheduled services for the preceding weekly period (starting on Friday and ending the following Thursday) based upon the rates listed above. All invoices are due net 10 days.

Rate Increases
Billing rates will increase annually by 3% or by the percentage increase in certain agreed upon costs incurred by Allied Universal®, whichever is greater. Our rates during the term will be subject to adjustment to reflect any increases in our costs related to medical, welfare and other benefits and related costs, which may include, without limitations, costs incurred by Allied Universal® pursuant to applicable federal, state and/or local law, including without limitation Health Care Reform Legislation Costs.

NOTE:

Allied Universal® reserves the right to change, amend or terminate the benefits programs and its options at any time.

Pricing of wages are valid for 30 days.
[

Wellness and Safety Pledge
Our product is our people - our most valuable asset. We consider no part of our operations more important than the wellness and safety of our employees. To that end, Allied Universal® is committed to providing all employees with a safe and healthy environment in all work areas and at all client sites, in compliance with all federal and California laws.

Meal Breaks
In general, non-exempt employees who work more than 5 hours per day must be provided with an off-duty1 meal period of not less than 30 minutes. The meal period must begin before the end of the 5th hour of work.
• If employees work more than 10 hours, a second off-duty meal period of not less than 30 minutes must be provided. The meal period must begin before the end of the 10th hour of work.
• Employees must be free from employer and client control and relieved of all duty. • Employees may not be required to remain "on call."

Richmond Library 10
• Employees must be free to leave the site.
• Employees may not be required to carry and/or monitor a communication device.

Rest Breaks
Non-exempt employees are authorized and permitted consecutive, uninterrupted, and duty-free rest breaks of at least 10 minutes (or 15 minutes if specified by a CBA) for every 4 hours worked or major portion of 4 hours worked (more than 2 hours).
• Employees must be paid during rest breaks.
• Employees must be free from employer and client control and relieved of all duty. • Employees may not be required to remain "on call."
• Employees must be free to leave the site.
• Employees may not be required to carry and/or monitor a communication device.

Drinking Water, Restroom Facilities, Shade, Sheltered Eating Area, & Suitable Seating Employees must be provided with:
• access to clean, fresh, potable drinking water, at no cost to the employee • access to restroom facilities with plumbing and adequate hand-washing facilities • access to safe spaces for shade
• an area available for securing or heating food or drink, and a suitable sheltered place to consume food and drink
• suitable seats when the nature of the work reasonably permits the use of seats.

Allied Universal® proudly partners with clients who are equally committed to the wellness and safety of our employees and compliance with all federal and California laws. Under California Labor Code Section 2810.3, each client shares with Allied Universal® all liability for labor code violations pertaining to our employees. To that end, we wanted to set forth our mutual goals in this pledge. We thank our clients for their commitment and encourage them to contact Allied Universal® with any questions or concerns.

1 On-duty meal periods are only permitted when:
• The nature of the work prevents the employee from being relieved of all duties; • When there is a written (and fully revocable) agreement between Allied Universal® and the employee for an on-duty meal period; and
• When a suitable place to eat on premises is designated.

Richmond Library 11
Cost Proposal:

Security Schedule:

Position HPW Straight Time
Pay Rate
Holiday /
Overtime Pay
Rate
Straight Time
Bill Rate
Holiday /
Overtime Bill
Rate
Weekly
Estimate
Monthly
Estimate
Annual
Estimate
Security Professional 52 $16.15 $24.23 $29.55 $44.33 $1,536.83 $6,659.61 $79,915.37 Security Professional
Overtime 2 $24.23 $48.45 $209.95 $2,519.40
Sub-Total 54.0 $1,585.28 $6,869.56 $82,434.77
HELIAUS® Quantity Price Per Unit Monthly
Estimate
Annual
Estimate
1 $199.00 $199.00 $2,388.00
Notes to Pricing:

Heliaus Technology Platform billed as a separate line item on a monthly basis.

Above annual estimate is based on 52 weeks per year.

Special service coverage requests will be billed at $50/hr.

The above pricing is a best estimate based on information known at time of preparation.

The above rates will be in effect for 30 days and are quoted for permanent service, one year or longer only.

Benefits included in rate: Union Medical, 9 Sick Days or 72 hours, 8 Union Holidays, vacation accruals Wage and corresponding billing rates will increase by .50/hour (or as indicated by the CBA) to occur January 1st annually.

Current union staffing information unknown at time of preparation.  Should an existing security professional be retained, current wages and all benefit levels will need to be grandfathered which may require pricing revisions.

Richmond Library @ 325 Civic Center Plaza
Shift #1 Shift #2 Total Hours per day
Monday 8:00am - 4:00pm 3:30pm - 7:30pm 12
Tuesday 8:00am - 4:00pm 3:30pm - 7:30pm 12
Wednesday 8:00am - 4:00pm 3:30pm - 7:30pm 12
Thursday 8:00am - 5:00pm 9
Friday 8:00am - 5:00pm 9
54

___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 1 of 3

Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.

CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.

City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).

2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).

3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.

4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.

5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)

Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.

___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 2 of 3

Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o

Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.

Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.

___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 3 of 3

Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

Subcontractors

CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.

The fact that
insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin .

The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.

Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.

Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.

If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.

Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.

Reporting Requirements

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.

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City of Richmond ~ 450 Civic Center Plaza ~ Richmond, CA ~ 94804 HOME | CONTACT
The City of Richmond, CA makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed orimplied, are provided for the data herein, its use, or its interpretation. Utilization of this website indicates understanding and acceptance of this statement.Under penalty of perjury under the laws of the State of California that all submissions are true and correct, and that any and all copy of documentssubmitted is true and correct copies of the original documents, and that any and all documents submitted have not been altered except for the crossing outof dollar amounts and account numbers which is permitted. (California Penal Code Sections 118-131)

April 13, 2022

Melinda Cervantes
Interim Deputy Director of Community Services Library
Richmond Library
325 Civic Center Drive
Richmond, CA 94804

Dear Ms. Cervantes,

Thank you for inviting Allied Universal® Security Services to participate in your proposal process.

We understand the importance of quality security, and we look forward to providing a customized program that meets your requirements for the Richmond Library at 325 Civic Center Drive.

No matter where or when services are required, there's peace of mind knowing your security partner is also a member of your community.

Our management support system ensures you receive the individual attention and service you require. Our Client Managers are in charge of directly supervising your security program locally, while a network of branch offices puts regional management with in-depth knowledge of your market within easy reach.

We look forward to continuing to work with your organization. I will contact you to discuss the next steps. If you have any questions, please contact me at 510-507-9358 or [email protected].

Sincerely,

Alicia Mercer
[x]
Alicia Mercer
Business Development Manager

Enhanced Security with a
Focus on Safety

A Security Program for
Richmond Library

April 13, 2022

[x]
Presented to:

Melinda Cervantes
Interim Deputy Director of Community
Services Library
Richmond Library

Presented by:

Alicia Mercer
Business Development Manager
Allied Universal® Security Services

Richmond Library 3
A Customized Security Program for
Richmond Library
Allied Universal® has provided customized
security solutions to meet the specific needs of
clients large and small since 1957. We're committed
to working with you to understand your industry and
goals in order to create a security solution tailored
to your unique requirements, and managed by a
team of professionals who can provide peace of
mind and allow you to focus on your core business.

When you partner with Allied Universal®, carefully screened and trained Security Professionals who are sensitive to your unique business environment, coupled with leading edge technology, will provide the safety and security you require.

Engaged Security Professionals will enhance your brand and will be led by experienced, local managers. Real-time security technology solutions will increase operational efficiencies and validate the effectiveness of your program. This integrated combination of people plus technology allows you to focus on what matters to you with the confidence that you have a true security partner that is there for you every day.

Selecting Employees for Your Unique Environment
When Security Professionals are well matched to the requirements of their post, they'll be better engaged in their day-to-day responsibilities, provide better service for you, and stay in their position longer. Allied Universal® is dedicated to hiring, developing, and retaining top-quality security professionals who will be the best fit for your culture, understand your needs, and demonstrate ownership for your security success.

Our breadth of recruiting resources
and reputation as a great place to
work contribute to the more than 1.5
million candidates in our hiring
pipeline. Proven processes and a
robust applicant pool ensure our
security professionals are the right
fit and have the right skills for your
library. Allied Universal® carefully
tailors job descriptions to fit your needs and uses AU HireSmart™, our Artificial Intelligence (AI)- powered recruiting solution, to engage candidates and match their qualifications, interests, and preferences to the job most suited to their skills and personality.

Our application process doesn't stop at introductory screening. Initial interviews with candidates, scheduled quickly and automatically with AUHireSmart™, provide an opportunity to evaluate demeanor, attitude, and communications skills. Qualified candidates formally interview with our branch recruiters and hiring managers.

Stringent background screening is also an essential component in selecting high-caliber employees for Richmond Library, and includes:

Richmond Library 4

Benefits for Security Professionals at Richmond Library Allied Universal® is committed to doing what is in the best interest of our clients and that starts with treating our employees well. We know that benefits are extremely important to our employees, and that they prefer to have a variety of options. Employees who are offered benefits and fair compensation have peace of mind and a clearer focus on their daily job responsibilities, which translates into higher employee engagement, as well as greater satisfaction and productivity, which are critical to the success of your security program.

Some of the benefits available to Security Professionals include:
• Medical Insurance coverage
• Dental and vision coverage
• 401(k) retirement plans
• Anniversary bonus program
• Disability and life insurance
• Tuition discounts
• Uniforms at no cost
• Travel and retail discount programs
Customized Training for Your Security Program
Well-trained Security Professionals not only enhance safety, mitigate risk, and maximize security for the people and assets at your site, but they also ultimately provide a higher return on your investment. Allied Universal® Security Professionals undergo extensive and regular training, and become fully immersed in your business, procedures, and company culture.

To ensure that Security Professionals at Richmond Library have the knowledge and skills to serve you and to grow in their careers, training is not just provided but tested for retention and tracked to record completion.

Local Management with National and International Support Local managers are empowered decision makers who know your site, understand your security needs, and are motivated and well compensated. At the local level, your account manager is directly involved in the process of hiring, training, performance evaluation, and employee development. A team of human resource, training, and recruiting specialists actively supports each manager.

Our national and international support teams are in place to lend guidance, training, and other resources to local Security Professionals and managers. These specialists maintain excellent relationships with the local team, and proactively implement programs and procedures to ensure quality service. The combination of local responsiveness and national and international support resources is what sets us apart from every other security services company.

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Keeping Your Property, People, and Assets Safe and Secure With the right security partner, you will have peace of mind knowing that daily safety challenges are managed and a prepared team is in place to respond to
emergencies. Our strong safety culture promotes
safety-conscious behaviors and leads to a safer work
environment for everyone.
• Ensuring Safety Daily: Security Professionals
are immersed in our Safety Program, and are
fully trained to take proactive safety measures;
report incidents; and seek out opportunities to
help make your location safer. This leads to
fewer accidents, less time lost from work due to
injury, and fewer interruptions for you.
• Emergency Preparedness: Allied
Universal® will work with Richmond Library's emergency plans and implement them to ensure everyone on site is prepared.
• Emergency Response: We have the resources to quickly respond to emergencies and fill additional staffing needs with high quality, well-trained personnel, giving you peace of mind knowing that Allied Universal® has formal processes and depth of personnel to respond for you.

Leading-Edge Technology
Our digital business strategy drives efficiency, communication, collaboration, and effectiveness for Richmond Library. The result is streamlined and accurate business processes, greater transparency, and increased value. We are
committed to meeting the needs of Richmond
Library through innovative solutions.
• Real-time transparency into the location and
activities of each Security Professional
through HELIAUS®, our proprietary
electronic monitoring and reporting system.
• Cost-effective and proactive, end-to-end
video surveillance solution—from the
camera to the Central Command Center—
through our Monitoring and Response
Center (MRC). Using an unprecedented
combination of technologies, analytics and real-time, event-based monitoring by experienced Security Intervention Specialists, the MRC provides customized solutions that are scalable, reliable, and unmatched.
• 24/7 smart "eyes and ears" with Autonomous Data Machines (ADMs or Robots). New revolutionary capabilities to increase threat management through the strategic integration of people, processes, and technology, while at the same time, significantly reducing costs. • Quick Security Professional candidate sourcing, screening, interview scheduling, and placement through AUHireSmart™.
• Accurate invoicing, scheduling, payroll, and compliance through the integrated WinTeam system.
• Communication and collaboration through eHUB, our client and employee portal.