Justification for Utilizing a Piggyback Contract
Piggyback or Load Agony: League of Oregon Cities/NPPGov Contract No./Description: PS23100
Vendors) Name(s): Fonroche
fligence revlew, we have confirmed that the contract comples with our We have revlewed and completed due diligence on the aforementioned piggyback contract. As part of the duc have further confirmed that all purchases will comply with the terms procurement rules and practices. We determined that it is in the best Interests of the City to utilize this contract for the reasons cited below: and prices in the contract. It has been Item Issue
Comments
1 is there a Piggyback Purchaso Agreement allowing use of the Yes
contract? If "Yes", please allach to this form.
2. Are there local supplers or contractors who could provide the product or service al compelilive rates? No
A copy of the sollcitation has been oblained from the
originaling agency and reviewed for compllance with the City& Yes purchasing ordinanco. Please atlach to this form.
4. A wrillen documentalion has been mado of a thorough
invesligation of the current market and determination that the Yes originating agency's' solicitalion is the most advantageous Does the cooperalive contract provide the most advantageous Yes, NPPGov in place for solution? Why?
scope of work.
he spocifications of the llem or service required by the Cly Yes are not materially different from those originally specifled in the originating agency's sollcitation
7. The price of the purchase is lower than that estimatod for the purchase if made directly by the City pursuant to the Yes purchasing ordinance
8. The price of the purchase is within fifleon percent (15%) or $2,500 of the originating agency's solicitation Yes
9. The contract resulting from the original solicitation is current or the sollcitation is within thirty-six (36) months Yes from the date of the City's order, or written justificallon Is provided justifying use of an older sollcitation
Clari Clarence Johnson
. Requisilioner Name
108/20/024 Daniel Chavarria
Department Head Neme
fi 8/28/24 Andrea Mille
clor of Finance Na
August 22, 2023
DocuSign Envelope ID: 7AF698E8-C398-4D2F-BB15-43FEA63525A9 Contract Number: PS23100
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 FONROCHE LIGHTING AMERICA ("Vendor").
RECITALS
WHEREAS, the Vendor is in the business of selling certain Athletic Surfaces & Sports 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 subiect to the terms and conditions set forth herein: and its response to Request for Proposal No. 2310 for Athletic Surfaces & Sports Equipment; and meet oregon is, do tai requiren iorenio 272 and ira et and aquest for Proposal 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. 2310 (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 fort (sometimes referred to collectively as the "Contract Documents").
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, tribal or local law.
"Purchaser's Destination" shall mean such delivery location(s) or destination(s) as Purchaser may prescribe from time to time.
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.
DocuSign Envelope ID: 7AF698E8-C398-4D2F-BB15-43FEA63525A9 Contract Number: PS23100
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. "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. "Participating Agencies
has agreed exeindpate terms of this Master Price Ager of atisual to Arice and stachmen VendorM 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
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.
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. .3 All Purchase Orders issued by Purchaser to Vendor for Products during the term (as hereinaft fined) of this Agreement are subject to the provisions of this Agreement as though fully set forth in sur Purchase Order. The Vendor retains authority to negotiate above and beyond the terms of this Agreement to meet the Purchaser or Vendor contract requirements.
. Vendor expressly acknowledges and agrees that Purchaser may purchase at its 2 DocuSign Envelope ID: 7AF698E8-C398-4D2F-BB15-43FEA63525A9 Contract Number: PS23100
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 document hall prevail and apply in the following order of priority This Agreement;
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 Purchase under this Agreement to Participating Agencies, that have executed an Intergovernmental Cooperativ 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, tribal, and state solicitation requirements.
2.6.3 Vendor acknowledges execution of the Vendor Administration Fee Agreement, Contract Number VA23100, 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.
ARTICLE 3 - TERM AND TERMINATION
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.
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. 3 DocuSign Envelope ID: 7AF698E8-C398-4D2F-BB15-43FEA63525A9 Contract Number: PS23100
ARTICLE 4 - PRICING, INVOICES, PAYMENT AND DELIVERY
Purchaser shall pay Vendor for all Products and Services ordered and delivered in complianc with the terms and conditions of this Agreement at the pricing specified for each such Product and Service o tachment A, including shipping. Unless Attachment A expressly provides otherwise, the pricing schedu et forth on Attachment A hereto shall remain fixed for the Initial Term of this Agreement; provided th 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
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.
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.
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").
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.
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.
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 uring the term of this Agreement, Vendor shall maintain at its own cost and expense (and sh use any subcontractor to maintain) insurance policies providing insurance of the kind and in the amour upon 48 hours' notice. BY SIGNING THE AGREEMENT PAGE THE VENDOR AGREES TO THIS 4 DocuSign Envelope ID: 7AF698E8-C398-4D2F-BB15-43FEA63525A9 Contract Number: PS23100
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. 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 eductible and/or self-insured retention and the Lead Contracting Agency, at its option, may require Vendor t ecure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable an unconditional letter of credit.
Vendor shall carry Workers' Compensation insurance to cover obligations imposed by federal 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, (i) 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 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 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. 5 DocuSign Envelope ID: 7AF698E8-C398-4D2F-BB15-43FEA63525A9 Contract Number: PS23100
government members of National Purchasing Partners, LLC. In the event the terms of this Agreement 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
1 Purchaser shall have the right to inspect and test Products at any time prior to shipment, a thin 30 days after delivery to the Purchaser's Destination. Products not inspected within 30 days afi elivery shall be deemed accepted by Purchaser. The payment for Products shall in no way impair the right urchaser to reject nonconforming Products, or to avail itself of any other remedies to which it may k
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 (i) 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 The provisions of this Article shall survive the expiration or termination of this Agreement.
ARTICLE 9 - SUBSTITUTIONS
xcent as otherwise permitted hereunder. Vendor may not make any substitutions of Products, or an ortion thereof, of anv kind without the prior written consent of Purchase ARTICLE 10 - COMPLIANCE WITH LAWS
10.2 Purchaser has taken all required governmental action to authorize its execution of thi 6 DocuSign Envelope ID: 7AF698E8-C398-4D2F-BB15-43FEA63525A9 Contract Number: PS23100
ARTICLE 11 - PUBLICITY / CONFIDENTIALITY
concerming any part of rile agree pubit a any urase, ader ising materiand or can easie or ma.. vithout the prior written approval of the Parties. Neither Party shall in any advertising, sales materials or i ny other way use any of the names or logos of the other Party without the prior written approval of the othe 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 proprietan information, and shall be acquired by Purchaser, free from any restrictions, as part of the consideration for this ARTICLE 12 - RIGHT TO AUDIT
Subject to Vendor's reasonable security and confidentiality procedures, Purchaser, or any third part etained by Purchaser, may at any time upon prior reasonable notice to Vendor, during normal busines hours, ask reasonable information on the books, records and accounts of Vendor to the extent that such books, records and accounts pertain to sale of Products and Services relate to the performance of this Agreement by Vendor. Vendor shall maintain all such books, records and accounts for a period of at least two 2) 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 two (2) 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.
ARTICLE 14 - RELATIONSHIP OF PARTIES
/endor is an independent contractor and is not an agent, servant, employee, lega 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. Sucl notice(s) shall be deemed to be duly given or made if delivered by hand, by certified or registered mail or b nationally recognized overnight courier to the address specified below:
If to Lead Contracting Agency:
LEAGUE OF OREGON CITIES
1201 Court St. NE
Suite 200
7 DocuSign Envelope ID: 7AF698E8-C398-4D2F-BB15-43FEA63525A9 Contract Number: PS23100
Salem OR 97301
ATTN: Kevin Toon
Email: [email protected]
If to Vendor:
FONROCHE LIGHTING AMERICA
4900 David Strickland Rd
Forest Hill, TX 76119
Amal: mice Mabetonroche.us
Dale Curtis
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.
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
assigns of no Paris herel, bure to ay not be as gne hal he bir in paro a rear in prior or and 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 8 DocuSign Envelope ID: 7AF698E8-C398-4D2F-BB15-43FEA63525A9 Contract Number: PS23100
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/ol 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) nstitutes the entire Agreement of the Parties relating to the subject matter hereof and supersedes any al I prior written and oral agreements or understandings relating to such subject matte 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
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 th articipating Agency exists, without regard to its choice of law provisions (Signature page to follow]
DocuSign Envelope ID: 7AF698E8-C398-4D2F-BB15-43FEA63525A9 Contract Number: PS23100
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:
-DocuSigned by:
Signature: Patricia M. Mubikill
-OBD4F25C35F54DO...
Printed Name: Patricia M. Mulvihill
Title: Executive Director
LEAGUE OF OREGON CITIES
Dated: February 28, 2024 | 3:07 PM PST
VENDOR:
- DocuSigned by:
Signature: Anicet Mabonzo
-2393A4A173C342A..
Anicet Mabonzo
Printed Name:
Title: Sales Manager
FONROCHE LIGHTING AMERICA
Dated: February 28, 2024 | 2:59 PM PST
10 DocuSign Envelope ID: 7AF698E8-C398-4D2F-BB15-43FEA63525A9 Contract Number: PS23100
ATTACHMENT A
to Master Price Agreement by and between VENDOR and PURCHASER.
PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES
Product Name Price System Quantity 5-9 Quantity 10 Plus Fonroche Smartlight - 14' pole, Solar System Single CK16 ; 4' ArmBattery USD 5,981.25 USD 5,793.75 USD 5,513 Power 365Extreme Temperature Rating (from -40°F to +158°F), 5 Year Full Non Pro-Rated Warranty, All Night Lighting Guarantee Fonroche Smartlight (Twin Fixture)- 14' pole, Solar System two CK16; 4' USD 6,068.75 USD 5,881.25 USD 5,600 ArmBattery Power 365Extreme Temperature Rating (from -40°F to +158°F), 5 Year Full Non Pro-Rated Warranty, All Night Lighting Guarantee
Power 365Extreme Temperature Rating (from -40°F to +158°F), 5 Year Full Non Pro-Rated Warranty, All Night Lighting Guarantee Fonroche Smartlight (Twin Fixture)- 20' pole, Solar System two CK16 ; 4' USD 6,456.25 USD 6,268.75 USD 5,988 ArmBattery Power 365Extreme Temperature Rating (from -40°F to +158°F), 5 Year Full Non Pro-Rated Warranty, All Night Lighting Power 365xtreme -2 eater ating from 40 0 187), eter USD 6,622.50 Full Non Pro-Rated Warranty, All Night Lighting Guarantee Fonroche Smartlight (Twin Fixture)- 25' pole, Solar System two CK16; 4' USD 6,720.00 ArmBattery Power 365Extreme Temperature Rating (from -40°F to +158°F), 5 Year Full Non Pro-Rated Warranty, All Night Lighting Pricing contained in this Attachment A shall be extended to all NPPGov members upon execution of the Intergovernmental Agreement.
DocuSign Envelope ID: 7AF698E8-C398-4D2F-BB15-43FEA63525A9 Contract Number: PS23100
ATTACHMENT B
to Master Price Agreement by and between VENDOR and PURCHASER.
ADDITIONAL SELLER WARRANTIES
o the extent possible, Vendor will make available all warranties from third party manufacturers of Produc ot manufactured by Vendor, as well as any warranties identified in this Agreement and Vendor's Proposa https://www.fonrochesolarlighting.com/about-us/terms/
12 DocuSign Envelope ID: 7AF698E8-C398-4D2F-BB15-43FEA63525A9| Contract Number: PS23100
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 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. 13 DocuSign Envelope ID: 7AF698E8-C398-4D2F-BB15-43FEA63525A9 Contract Number: PS23100
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.) 14 DocuSign Envelope ID: 7AF698E8-C398-4D2F-BB15-43FEA63525A9 Contract Number: PS23100
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.) 15 DocuSign Envelope ID: 7AF698E8-C398-4D2F-BB15-43FEA63525A9 Contract Number: PS23100
ATTACHMENT E
to Master Price Agreement by and between VENDOR and PURCHASER.
ADDITIONAL VENDOR TERMS OF PURCHASE, IF ANY.
https://www.fonrochelightingamericasolarlighting.com/about-us/terms/ 16 8/12/24, 2:36 PM Fonroche Lighting America - NPPGov
Fonroche Lighting America
START DATE: POTENTIAL END DATE: CONTRACT NUMBER: LEAD PUBLIC AGENCY:
Publicly Solicited Contract
2/28/2024 2/28/2030 PS23100 League of Oregon Cities
Thie ebid slice on and salia here an er proces and lose a end el len i a sits formal. compliance with all state and local requirements.
Products on Contract Contract Documents
• Solar Street Lighting
Synopsis, MPA, RFP, and IGA available to logged in
Solar Outdoor Lighting
members.
• Public Lighting Systems
• Smart Solar Lighting Technology
Essential CK. Solar Light Fixture
• Opera Pendant Solar Streetlight Contact NPPCov
• Belle Epoque Solar Powered Lantern NPPoy Customer Service [email protected]
Phone: 877.329.8847
Instructions to Access This Contract
Please Log in to view complete list of contract documents and instructions.
1.o0g In
Testimonial
The purchase went great with no problems whatsoever. I do plan on checking/using NGov for any future purchases.
https://nppgov.com/contract/fonroche-lighting-america/ 1/1
FONROCHE
Fonroche Lighting America
lighting AMERICA 4900 David Strickland Rd.
Forest Hill, TX 76119
(817) 516-2056
Opportunity Owner Ryan Lortie Quote Number 00083472
Payment Terms 50% deposit, 50% Net 30 from Ship Quote Name G8025-Richmond CA-6 13th St Corp Yard-RevA Date-contingent on credit approval
Quote Date 7/15/2024
Shipping Terms Prices are FOB Origin Quote Expiration 10/15/2024 Date
Est. Lead Time Within 6 Weeks
Notes to the Panels require clear, unshaded solar access to the South customer
Ship To Name City of Richmond, CA
Ship To United States
Beware of Fraud: Any advance payment request will only be made on the basis of a proforma invoice sent by Fonroche Lighting America.
Shipping estimated; final cost determined on day of shipping and added to invoice.
Fonroche Model Price
Fonroche Product Description Quantity Amount
Number System
SmartLight Assembly with 1248Wh-24V NiMH Battery, special extreme temperature (from -40 °F to +158 °F), 1 x 270W solar module with Top of Pole assembly and Intelligent [T54-CK16B-4K-4] management/control system. Provisioned for Single Fixture configuration. Single Essential [P270F-4P]HW-MC | (Formerly CK16B) Fixture 4K Color Temp.-Type 4 Fixture Color: BK - . Power Assembly Fixture Color: BK color is black. Mount: High wind and enhanced marine coating.
POLE: 20Ft. Round 20Ft. Round Tapered Pole-Anchor Base-1-4FT Arm --Pole Color is BK USD USD 8 Year Warranty All Night Lighting 365 Days a Year - Full Battery Replacement 4,557 12.00 54,684 Assumes No Shading | Assumes little or no snow
Base-1-4FT Arm
-Pole Color: BK 10 Degrees Tilt
100% =35 Watts worst case conditions.T-PM: 6 hrs. @100% | T-N (Balance of night) @80% || T-AM: 1 hrs. @100%
SmartLight Assembly with 1248Wh-24V NiMH Battery, special extreme temperature (from -40 °F to +158 °F), 1 x 270W solar module with Top of Pole assembly and Intelligent (T54-CK16B-4K-3] management/control system. Provisioned for Single Fixture configuration. Single Essential [P270F-4P]HW-MC | (Formerly CK16B) Fixture 4K Color Temp.-Type 3 Fixture Color: BK - . Power Assembly Fixture Color: BK color is black. Mount: High wind and enhanced marine coating.
POLE: 20Ft. Round 20Ft. Round Tapered Pole-Anchor Base-1-4FT Arm --Pole Color is BK USD USD
2.00 8 Year Warranty All Night Lighting 365 Days a Year- Full Battery Replacement 4,557 9,114 Pole-Anchor Assumes No Shading | Assumes little or no snow Base-1-4FT Arm
-Pole Color: BK 10 Degrees Tilt
100% =35 Watts worst case conditions. T-PM: 6 hrs. @100% | T-N (Balance of night) @80% IT-AM: 1 hrs. @100%
SmartLight Assembly with 1248Wh-24V NiMH Battery, special extreme temperature (from -40 °F to +158 °F), 1 x 270W solar module with Top of Pole assembly and Intelligent (TIPS OTHE
INTERLOCAL
PURCHASING BuyBoard Allied States
SYSTEM Cooperative прр gov
AWARDED VENDOR oY ESC*19
FONROCHE
Fonroche Lighting America
lighting AMERICA 4900 David Strickland Rd.
Forest Hill, TX 76119
(817) 516-2056
[T54-CK16B-4K-T2] management/control system. Provisioned for Single Fixture configuration. Single Essential [P270F-4P]HW-MC (Formerly CK16B) Fixture 4K Color Temp.-Type 2 Fixture Color: BK -. Power Assembly Fixture Color: BK color is black. Mount: High wind and enhanced marine coating.
POLE: 20Ft. Round | 20Ft. Round Tapered Pole-Anchor Base-1-4FT Arm --Pole Color is BK USD 2.00 USD 8 Year Warranty All Night Lighting 365 Days a Year - Full Battery Replacement 4,557 9,114 Assumes No Shading | Assumes little or no snow
--Pole Color: BK 10 Degrees Tilt
100% =35 Watts worst case conditions. T-PM: 6 hrs. @100% | T-N (Balance of night) @20% || T-AM: 1 hrs. @100%
Total Line Items USD 72,912
hipping an USD 6,825
landlin
Quote Total USD 79,737
This quotation is subject to the following terms and conditions Seller's Terms and Conditions of Sale in effect on the date of this order shall apply to this quote and are hereby incorporated by reference.
Seller's Terms and Conditions of Sale may be viewed at https://www.fonrochesolarlighting.com/about-us/terms/.
America is unable recuperate difference in pricing from end customer, it may deduct the difference from representative's commission.
TIPS, THE
ITERLOCA
BayBoard™ Allied States npp gov
Cooperative
AWARDED VENDOR oY ESC*19