Agenda — Richmond City Council, June 17, 2025 (part 2 of 5)

Overtime Report for April 2025 (Attachment 2)
83% Threshold

ORIGINAL

BUDGET TRANSFERS REVISED BUDGET YTD EXPENDED AVAILABLE BUDGET PCT OFFICE OF NEIGHBORHOOD SAFETYAdministration 40,000 - 40,000 4,888 35,112 12%Re-Imagining - - - 1,762 (1,762) 100% 40,000 - 40,000 6,650 33,350 17%
PUBLIC WORKS & ENGINEERING SVCSStationary Engineers 12,000 - 12,000 8,837 3,163 74%Building Services 5,000 5,000 10,000 7,466 2,534 75%Utility Sections 132,000 (4,000) 128,000 65,342 62,658 51%Electric 25,000 24,000 49,000 26,865 22,135 55%Parks & Landscape Admin 200,000 - 200,000 93,661 106,339 47%Streets Administration 36,000 (34,000) 2,000 - 2,000 0%Street Sweeping 1,100 5,000 6,100 436 5,664 7%Pavement Maintenance 41,447 15,000 56,447 35,340 21,107 63%Traffic Signs & Lines 4,885 14,000 18,885 17,194 1,691 91%Equipment Services 20,000 - 20,000 9,446 10,554 47%Abatement Services 50,000 - 50,000 35,509 14,491 71%TOTAL PUBLIC WORKS 527,432 25,000 552,432 300,096 252,336 54%LIBRARYLibrary Administration 7,000 18,000 25,000 14,729 10,271 59%COMMUNITY SERVICES Recreation Services/Cities of Service - 343 343 343 - 100%Recreation Administration 400 356 756 1,728 (972) 229%Booker T Center 100 - 100 107 (7) 107%Nevin Center 1,800 - 1,800 741 1,059 41%Shields Reid 200 - 200 - 200 0%Recreation Complex 1,000 1,061 2,061 2,061 - 100%Parchester Center 700 219 919 919 - 100%May Valley Center 700 361 1,061 1,061 - 100%Recreation DPRC 750 - 750 1,540 (790) 205%Senior Center 200 - 200 14 186 7%Senior Center Annex 300 - 300 224 76 75%Aquatics 5,000 - 5,000 3,085 1,915 62%Convention Center 1,500 5,512 7,012 13,695 (6,683) 195%Plunge 3,500 - 3,500 1,442 2,058 41%TOTAL COMMUNITY SERVICES 16,150 7,851 24,001 26,958 (2,957) 112%

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Overtime Report for April 2025 (Attachment 2)
83% Threshold

ORIGINAL

BUDGET TRANSFERS REVISED BUDGET YTD EXPENDED AVAILABLE BUDGET PCT ECONOMIC DEVELOPMENT PROGRAMAdministration 1,000 - 1,000 - 1,000 0%Public Art - 10,000 10,000 260 9,740 3%TOTAL ECONOMIC DEVELOPMENT 1,000 10,000 11,000 260 10,740 2% TOTAL GENERAL FUND 13,094,254 81,851 13,176,105 11,584,146 1,591,959 88% NON-GENERAL FUND Overtime By Fund
1012 HILLTOP LANDSCAPE MAINT DIST 20,000 - 20,000 3,270 16,730 16% 1015 MARINA BAY LNDSCP & LIGHT DIST 25,300 - 25,300 10,045 15,255 40% 1018 RENT PROGRAM 2,500 - 2,500 2,038 462 82% 1050 CR-PLANNING & BUILDING 9,500 - 9,500 2,176 7,324 23% 1050 CR-PLANNING & BUILDING 15,000 - 15,000 6,619 8,381 44% 1055 ENCROACHMENT SVCS 25,000 - 25,000 35,789 (10,789) 143% 1303 KIDS FIRST INITIATIVE - 5,000 5,000 1,510 3,490 30% 4001 PORT OF RICHMOND - 100 100 100 - 100% 4003 WASTEWATER ADMINISTRATION - 25,000 25,000 17,851 7,149 71% 4003 WASTEWATER PRE-TREATMENT 7,500 40,000 47,500 40,971 6,529 86%4006 STORMWATER - 5,100 5,100 4,552 548 89%4405 RHA-NYSTROM VILLAGE 11,000 - 11,000 7,269 3,731 66%5001 INSURANCE RESERVES - - - 87 (87) 100%TOTAL NON-GENERAL FUNDS 115,800 75,200 191,000 132,278 58,723 69%

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Overtime Public Safety Report for April 2025 (Attachment 3) City of RichmondPublic Safety Sworn OvertimeFund: 0001 - General Fund Period 1 2 3 4 5 6 7 8 9 10 11 12 Average
Month July August September October November December January February March April May June YTD YTD Remaining Monthly Target % 8% 17% 25% 33% 42% 50% 58% 67% 75% 83% 92% 100% Total $ Total % Budget Expense

ORIGINAL
BUDGET

REVISED
BUDGET
FY2017-18 Overtime - Sworn 3,169,000 3,169,000 569,194 440,670 445,282 459,402 452,278 396,762 322,524 497,979 455,202 554,449 509,368 466,567 5,569,677 175.8% (2,400,677) 464,139.77FY2018-19 Overtime - Sworn 3,433,019 3,433,019 482,143 537,369 655,866 437,794 524,577 430,398 367,322 512,595 422,587 497,767 536,209 505,966 5,910,592 172.2% (2,477,573) 492,549.37FY2019-20 Overtime - Sworn 5,000,000 4,800,000 473,963 469,392 491,205 509,931 449,751 473,935 390,897 498,501 501,383 479,696 560,031 439,159 5,737,844 119.5% (937,844) 478,153.64FY2020-21 Overtime - Sworn 2,497,290 3,533,043 275,202 246,822 296,775 382,618 306,787 278,293 205,529 303,631 307,092 357,284 323,537 368,366 3,651,935 103.4% (118,892) 304,327.96FY2021-22 Overtime - Sworn 5,165,434 5,165,434 379,016 408,253 487,481 423,830 333,006 307,152 255,420 330,788 314,524 336,044 304,989 366,419 4,246,922 82.2% 918,512 353,910.14 POLICE FY2022-23 Overtime - Sworn 5,165,435 4,800,000 373,491 355,649 399,628 355,866 377,889 401,964 396,783 474,403 463,499 416,775 496,542 449,394 4,961,883 103.4% (161,883) 413,490.26 FY2023-24 Overtime - Sworn 4,800,000 6,708,965 487,105 925,716 477,693 462,417 470,347 531,204 424,452 626,680 478,293 593,735 568,535 588,097 6,634,274 98.9% 74,691 552,856.16FY2024-25 Overtime - Sworn 6,708,965 6,708,965 560,788 543,814 584,028 590,943 580,286 631,961 492,367 662,199 566,326 603,150 5,815,863 86.7% 893,102 581,586.26FY2017-18 Overtime - Sworn 2,486,914 2,486,914 268,465 345,174 291,221 359,542 367,182 310,508 336,315 176,449 132,298 196,306 203,912 166,108 3,153,480 126.8% (666,566) 262,789.99FY2018-19 Overtime - Sworn 2,509,914 2,509,914 257,785 245,946 179,272 171,370 219,937 204,997 261,780 216,596 196,343 310,702 220,368 275,166 2,760,261 110.0% (250,347) 230,021.77FY2019-20 Overtime - Sworn 4,305,402 2,509,914 295,166 277,886 286,016 300,083 332,654 382,084 347,492 328,467 350,709 302,505 264,571 325,335 3,792,969 151.1% (1,283,055) 316,080.74FY2020-21 Overtime - Sworn 1,993,165 3,193,165 398,678 380,282 417,982 393,922 267,819 345,928 341,403 305,081 172,961 261,923 263,518 286,039 3,835,537 120.1% (642,372) 319,628.09FY2021-22 Overtime - Sworn 3,629,097 4,334,499 334,236 434,974 358,578 358,251 352,789 327,832 448,493 410,429 297,215 355,475 725,409 438,807 4,842,489 111.7% (507,990) 403,540.77 FIRE FY2022-23 Overtime - Sworn 4,334,499 4,334,499 444,959 444,457 414,638 401,115 402,116 379,882 443,531 475,560 339,814 398,079 369,477 435,057 4,948,685 114.2% (614,186) 412,390.41 FY2023-24 Overtime - Sworn 4,482,969 5,135,869 524,969 473,094 348,296 346,854 363,759 315,266 363,100 382,930 381,442 417,762 431,523 357,820 4,706,814 91.6% 429,055 392,234.47FY2024-25 Overtime - Sworn 4,481,969 4,481,969 367,801 375,737 425,984 419,101 462,309 358,764 366,579 356,872 395,710 496,072 4,024,930 89.8% 457,039 402,492.98 FY2024-25 TOTAL 11,190,934 11,190,934 928,589 919,552 1,010,013 1,010,045 1,042,595 990,725 858,946 1,019,071 962,036 1,099,221 - - 9,840,792 87.9% 1,350,142 984,079.24

BUDGET ACTUALS TOTAL

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327
Documentary Transfer Tax
The City of Richmond receives Documentary Transfer Tax from the County for the sale of properties in Richmond. As one of the most volatile revenue streams for the City, the amounts received can vary month-to-month from the low $300 thousand to the highs of $3 million. A few large sales can widely swing the revenues.

In FY2023-24, the City budgeted $13.3 million for the Transfer Tax category and received $8.6 million, equating to a difference of $4.7 million.

For FY2024-25, the City has budgeted $7.4 million. The difference between the budgeted amounts in these two years is that in the current budget, staff did not include property sales of over $10 million. These few and unpredictable transactions skew the monthly sales amounts. Removing these transactions from the calculation yields more predictable and obtainable amounts to be used for budgeting.

As a reminder, Measure H, approved by Richmond voters in November 2018, went into effect at the end of December 2018. Measure H increased the real estate transfer tax from 0.7 percent to 1.25 percent for properties with a sale price of over $1 million but below $3 million, 2.5 percent for properties with a sale price between $3 - $10 million, and

3.0 percent for properties with a sale price over $10 million.

The table below shows each monthly payment going back to FY2018-19 and highlights the volatility of this revenue stream. Of note are the very high payments received in certain months which are shown as significant peaks.
328
KRISTIN B. CONNELLY, CLERK-RECORDER
County of Contra Costa
555 Escobar Street * Martinez, CA 94553
Recorder (925) 335-7900 * Fax (925) 335-7926
Transfer Tax Monthly Detail by City
Report Date & Time
05/05/2025 13:16
For Month: April 2025
Document No. Recording Date/Time Transaction Date/Time Action City Split County Split Transfer Tax Total Location
For Richmond
2025-0030155 04/01/2025 09:27 04/01/2025 09:27:03 $294.00 $46.20 $340.20 Main Office 2025-0030156 04/01/2025 09:27 04/01/2025 09:27:03 $252.00 $39.60 $291.60 Main Office 2025-0030478 04/01/2025 11:48 04/01/2025 11:48:00 $3,255.00 $510.95 $3,765.95 Main Office 2025-0030495 04/01/2025 11:59 04/01/2025 11:59:00 $3,920.00 $616.00 $4,536.00 Main Office 2025-0030549 04/01/2025 13:35 04/01/2025 13:35:00 $1,225.00 $192.50 $1,417.50 Main Office 2025-0030579 04/01/2025 13:54 04/01/2025 13:54:00 $14,062.50 $1,237.50 $15,300.00 Main Office 2025-0030677 04/01/2025 15:14 04/01/2025 15:14:00 $5,264.00 $827.20 $6,091.20 Main Office 2025-0030703 04/01/2025 15:54 04/01/2025 15:54:00 $5,663.00 $889.35 $6,552.35 Main Office 2025-0031080 04/02/2025 11:18 04/02/2025 11:18:00 $4,200.00 $660.00 $4,860.00 Main Office 2025-0031101 04/02/2025 11:30 04/02/2025 11:30:00 $2,100.00 $330.00 $2,430.00 Main Office 2025-0031115 04/02/2025 11:47 04/02/2025 11:47:00 $3,570.00 $561.00 $4,131.00 Main Office 2025-0031223 04/02/2025 15:31 04/02/2025 15:31:00 $3,920.00 $616.00 $4,536.00 Main Office 2025-0031732 04/03/2025 13:18 04/03/2025 13:18:00 $2,975.00 $467.50 $3,442.50 Main Office 2025-0031774 04/03/2025 14:04 04/03/2025 14:04:00 $3,255.00 $511.50 $3,766.50 Main Office 2025-0031898 04/04/2025 08:24 04/04/2025 08:24:00 $6,720.00 $1,056.00 $7,776.00 Main Office 2025-0032307 04/07/2025 08:10 04/07/2025 08:10:00 $2,366.00 $371.80 $2,737.80 Main Office 2025-0032519 04/07/2025 11:11 04/07/2025 11:11:00 $2,835.00 $445.50 $3,280.50 Main Office 2025-0032998 04/08/2025 10:41 04/08/2025 10:41:00 $5,586.00 $877.80 $6,463.80 Main Office 2025-0033052 04/08/2025 11:52 04/08/2025 11:52:00 $4,018.00 $631.40 $4,649.40 Main Office 2025-0033299 04/09/2025 08:05 04/09/2025 08:05:00 $875.00 $137.50 $1,012.50 Main Office 2025-0033445 04/09/2025 09:53 04/09/2025 09:53:00 $3,920.00 $616.00 $4,536.00 Main Office 2025-0033759 04/09/2025 14:23 04/09/2025 14:23:00 $3,269.00 $513.70 $3,782.70 Main Office 2025-0033818 04/09/2025 15:17 04/09/2025 15:17:00 $3,780.00 $594.00 $4,374.00 Main Office 2025-0033876 04/10/2025 08:07 04/10/2025 08:07:00 $4,200.00 $660.00 $4,860.00 Main Office Attachment 4 - Documentary Transfer Tax for April 2025 Page 2 of 5 329
KRISTIN B. CONNELLY, CLERK-RECORDER
County of Contra Costa
555 Escobar Street * Martinez, CA 94553
Recorder (925) 335-7900 * Fax (925) 335-7926
Transfer Tax Monthly Detail by City
Report Date & Time
05/05/2025 13:16
For Month: April 2025
Document No. Recording Date/Time Transaction Date/Time Action City Split County Split Transfer Tax Total Location
2025-0033935 04/10/2025 08:41 04/10/2025 08:41:00 $1,400.00 $220.00 $1,620.00 Main Office 2025-0033990 04/10/2025 09:18 04/10/2025 09:18:00 $3,605.00 $566.50 $4,171.50 Main Office 2025-0034120 04/10/2025 11:01 04/10/2025 11:01:00 $2,121.00 $333.30 $2,454.30 Main Office 2025-0034146 04/10/2025 11:18 04/10/2025 11:18:00 $5,950.00 $935.00 $6,885.00 Main Office 2025-0034499 04/11/2025 08:13 04/11/2025 08:13:00 $13,125.00 $1,155.00 $14,280.00 Main Office 2025-0034502 04/11/2025 08:14 04/11/2025 08:14:00 $4,200.00 $660.00 $4,860.00 Main Office 2025-0034893 04/11/2025 14:57 04/11/2025 14:57:00 $3,605.00 $566.50 $4,171.50 Main Office 2025-0034914 04/11/2025 15:25 04/11/2025 15:25:00 $4,200.00 $660.00 $4,860.00 Main Office 2025-0034964 04/14/2025 08:02 04/14/2025 08:02:00 $2,919.00 $458.70 $3,377.70 Main Office 2025-0034977 04/14/2025 08:23 04/14/2025 08:23:00 $6,923.00 $1,087.90 $8,010.90 Main Office 2025-0035416 04/14/2025 15:27 04/14/2025 15:27:00 $3,325.00 $522.50 $3,847.50 Main Office 2025-0035723 04/15/2025 11:45 04/15/2025 11:45:00 $5,950.00 $935.00 $6,885.00 Main Office 2025-0035786 04/15/2025 13:22 04/15/2025 13:22:00 $2,520.00 $396.00 $2,916.00 Main Office 2025-0035934 04/15/2025 15:54 04/15/2025 15:54:13 $1,337.00 $220.00 $1,557.00 Main Office 2025-0035974 04/16/2025 08:21 04/16/2025 08:21:00 $2,345.00 $368.50 $2,713.50 Main Office 2025-0036245 04/16/2025 10:24 04/16/2025 10:24:00 $4,375.00 $687.50 $5,062.50 Main Office 2025-0036302 04/16/2025 11:31 04/16/2025 11:31:00 $3,185.00 $500.50 $3,685.50 Main Office 2025-0036534 04/16/2025 14:23 04/16/2025 14:23:00 $3,556.00 $558.80 $4,114.80 Main Office 2025-0036557 04/16/2025 15:05 04/16/2025 15:05:00 $4,865.00 $764.50 $5,629.50 Main Office 2025-0036896 04/17/2025 11:54 04/17/2025 11:54:00 $4,235.00 $665.50 $4,900.50 Main Office 2025-0037156 04/17/2025 16:59 04/17/2025 16:59:00 $4,410.00 $693.00 $5,103.00 Main Office 2025-0037275 04/18/2025 09:48 04/18/2025 09:48:00 $3,815.00 $599.50 $4,414.50 Main Office 2025-0037455 04/18/2025 13:20 04/18/2025 13:20:00 $1,995.00 $313.50 $2,308.50 Main Office 2025-0037460 04/18/2025 13:21 04/18/2025 13:21:00 $1,470.00 $231.00 $1,701.00 Main Office 2025-0037504 04/18/2025 14:26 04/18/2025 14:26:00 $2,905.00 $456.50 $3,361.50 Main Office 2025-0037508 04/18/2025 14:29 04/18/2025 14:29:00 $4,830.00 $759.00 $5,589.00 Main Office Attachment 4 - Documentary Transfer Tax for April 2025 Page 3 of 5 330
KRISTIN B. CONNELLY, CLERK-RECORDER
County of Contra Costa
555 Escobar Street * Martinez, CA 94553
Recorder (925) 335-7900 * Fax (925) 335-7926
Transfer Tax Monthly Detail by City
Report Date & Time
05/05/2025 13:16
For Month: April 2025
Document No. Recording Date/Time Transaction Date/Time Action City Split County Split Transfer Tax Total Location
2025-0037790 04/21/2025 09:51 04/21/2025 09:51:00 $2,310.00 $363.00 $2,673.00 Main Office 2025-0037853 04/21/2025 11:14 04/21/2025 11:14:00 $5,425.00 $852.50 $6,277.50 Main Office 2025-0037862 04/21/2025 11:28 04/21/2025 11:28:00 $2,380.00 $374.00 $2,754.00 Main Office 2025-0037947 04/21/2025 13:59 04/21/2025 13:59:27 $105.00 $16.50 $121.50 Main Office 2025-0038059 04/21/2025 15:18 04/21/2025 15:18:00 $4,970.00 $780.45 $5,750.45 Main Office 2025-0038567 04/23/2025 08:24 04/23/2025 08:24:00 $4,991.00 $784.30 $5,775.30 Main Office 2025-0038579 04/23/2025 08:28 04/23/2025 08:28:00 $5,908.00 $928.40 $6,836.40 Main Office 2025-0038589 04/23/2025 08:40 04/23/2025 08:40:00 $1,890.00 $297.00 $2,187.00 Main Office 2025-0038609 04/23/2025 08:53 04/23/2025 08:53:00 $2,450.00 $385.00 $2,835.00 Main Office 2025-0038765 04/23/2025 10:23 04/23/2025 10:23:00 $2,380.00 $374.00 $2,754.00 Main Office 2025-0038814 04/23/2025 11:20 04/23/2025 11:20:00 $3,675.00 $577.50 $4,252.50 Main Office 2025-0038846 04/23/2025 11:58 04/23/2025 11:58:00 $4,270.00 $671.00 $4,941.00 Main Office 2025-0038853 04/23/2025 12:02 04/23/2025 12:02:00 $5,873.00 $922.35 $6,795.35 Main Office 2025-0038874 04/23/2025 12:25 04/23/2025 12:25:00 $5,411.00 $849.75 $6,260.75 Main Office 2025-0039436 04/24/2025 11:22 04/24/2025 11:22:00 $2,947.00 $463.10 $3,410.10 Main Office 2025-0039468 04/24/2025 11:40 04/24/2025 11:40:00 $2,170.00 $341.00 $2,511.00 Main Office 2025-0039589 04/24/2025 14:46 04/24/2025 14:46:00 $4,060.00 $638.00 $4,698.00 Main Office 2025-0039929 04/25/2025 08:29 04/25/2025 08:29:00 $4,382.00 $688.60 $5,070.60 Main Office 2025-0039942 04/25/2025 08:38 04/25/2025 08:38:00 $20,962.50 $1,844.15 $22,806.65 Main Office 2025-0040788 04/28/2025 12:10 04/28/2025 12:10:00 $6,825.00 $1,072.50 $7,897.50 Main Office 2025-0041217 04/29/2025 09:12 04/29/2025 09:12:00 $2,940.00 $462.00 $3,402.00 Main Office 2025-0041267 04/29/2025 10:13 04/29/2025 10:13:00 $3,192.00 $501.60 $3,693.60 Main Office 2025-0041420 04/29/2025 11:36 04/29/2025 11:36:00 $3,920.00 $616.00 $4,536.00 Main Office 2025-0041485 04/29/2025 12:47 04/29/2025 12:47:00 $13,275.00 $1,167.65 $14,442.65 Main Office 2025-0041656 04/30/2025 07:59 04/30/2025 07:59:00 $3,801.00 $597.30 $4,398.30 Main Office 2025-0042115 04/30/2025 12:53 04/30/2025 12:53:00 $3,990.00 $626.45 $4,616.45 Main Office Attachment 4 - Documentary Transfer Tax for April 2025 Page 4 of 5 331
KRISTIN B. CONNELLY, CLERK-RECORDER
County of Contra Costa
555 Escobar Street * Martinez, CA 94553
Recorder (925) 335-7900 * Fax (925) 335-7926
Transfer Tax Monthly Detail by City
Report Date & Time
05/05/2025 13:16
For Month: April 2025
Document No. Recording Date/Time Transaction Date/Time Action City Split County Split Transfer Tax Total Location
2025-0042180 04/30/2025 14:14 04/30/2025 14:14:00 $3,850.00 $605.00 $4,455.00 Main Office 2025-0042214 04/30/2025 14:33 04/30/2025 14:33:00 $4,340.00 $682.00 $5,022.00 Main Office 2025-0042219 04/30/2025 14:36 04/30/2025 14:36:00 $6,125.00 $962.50 $7,087.50 Main Office 2025-0042276 04/30/2025 15:56 04/30/2025 15:56:00 $5,600.00 $880.00 $6,480.00 Main Office Total For Richmond $339,108.00 $49,046.80 $388,154.80
Attachment 4 - Documentary Transfer Tax for April 2025 Page 5 of 5 332
OPEB and Pension Returns for April 2025 (Attachment 5)
Account Frequency Beg. Balance Contributions Interest Gain(Loss) Fees End Balance Rate PARS-OPEB Monthly 53,494,916.87 801,708.02 (1,516,845.18) (15,088.85) 52,764,690.86 -2.83% FY 2018 6.60%
FY 2019 6.77%
FY 2020 3.62%
FY 2021 26.76%
FY 2022 -13.72%
FY 2023 9.49%
FY 2024 13.37%
FY 2025* 3.85%
*Current Year Annualized Return is based on 9 months of activity.

Annualized Returns
City of Richmond
City of Richmond Finance Department
PARS-OPEB Summary 450 Civic Center Plaza
Period Ending March 31, 2025 Richmond, CA 94804
(510) 620-6740
-3.21%

3.37%

1.41%

2.29%

1.79%

1.41%
-1.91%

3.40%
-2.63%

2.07%

0.41%
-2.83%

1.65%

2.46%

1.46%

7.23%

5.59%

1.25%

2.86%
-1.24%

2.76%
-0.21%
-0.41%
-4.00%
-2.00%

0.00%

2.00%

4.00%

6.00%

8.00%
Apr-24
FY2024
May-24
FY2024
Jun-24
FY2024
Jul-24
FY2025
Aug-24
FY2025
Sep-24
FY2025
Oct-24
FY2025
Nov-24
FY2025
Dec-24
FY2025
Jan-25
FY2025
Feb-25
FY2025
Mar-25
FY2025
PARS-OPEB Return Rates
1-Month Return
3-Month Return

Page 1 of 3 ends

OPEB and Pension Returns for April 2025 (Attachment 5)
Account Frequency Beg. Balance Contributions Interest Gain(Loss) Fees End Balance Rate PARS-Pension Monthly 3,307,818.08 864,538.50 (49,908.02) (930.60) 4,121,517.96 -1.42% FY 2025* 3.66%
*Current Year Annualized Return is based on 9 months of activity.

City of Richmond
City of Richmond Finance Department
PARS-Pension Summary 450 Civic Center Plaza
Period Ending March 31, 2025 Richmond, CA 94804
(510) 620-6740
Annualized Returns

0.25% 0.43% 0.45%

2.79%

1.34%
-2.17%

2.21%
-2.11%

1.36% 1.29%
-1.42%

1.13%

3.70%

4.64%

1.91% 1.33%
-2.12%

1.41%

0.50%

1.21%
-3.00%
-2.00%
-1.00%

0.00%

1.00%

2.00%

3.00%

4.00%

5.00%
May-24
FY2024
Jun-24
FY2024
Jul-24
FY2025
Aug-24
FY2025
Sep-24
FY2025
Oct-24
FY2025
Nov-24
FY2025
Dec-24
FY2025
Jan-25
FY2025
Feb-25
FY2025
Mar-25
FY2025
PARS-Pension Return Rates
1-Month Return
3-Month Return

Page 2 of 3 ends

OPEB and Pension Returns for April 2025 (Attachment 5)
Account Frequency Beg. Balance Contributions Interest Gain(Loss) Fees End Balance Rate CalPERS-CERBT Quarterly 12,488,955.89 196,149.75 170,517.48 (2,211.64) 12,853,411.48 1.37% FY 2020 5.97%
FY 2021 20.47%
FY 2022 -12.60%
FY 2023 3.81%
FY 2024 8.69%
FY 2025* 4.99%
*Current Year Annualized Return is based on 3 quarters of activity.

Annualized Returns
City of Richmond
City of Richmond Finance Department
CalPERS-CERBT Summary 450 Civic Center Plaza
Quarter Ending March 31, 2025 Richmond, CA 94804
(510) 620-6740
-11.49%
-7.36%

5.44%

4.63%

1.58%
-4.39%

10.60%

2.31%

0.47%

7.83%
-3.94%

1.37%
-15.00%
-10.00%
-5.00%

0.00%

5.00%

10.00%

15.00%
Apr-Jun
2022
FY2022
Jul-Sep 2022
FY2023
Oct-Dec
2022
FY2023
Jan-Mar
2023
FY2023
Apr-Jun
2023
FY2023
Jul-Sep 2023
FY2024
Oct-Dec
2023
FY2024
Jan-Mar
2024
FY2024
Apr-Jun
2024
FY2024
Jul-Sep 2024
FY2025
Oct-Dec
2024
FY2025
Jan-Mar
2025
FY2025
CalPERS-CERBT Return Rates
3-Month Return

Page 3 of 3 ends

Page 1 of 2 ends

June 17, 2025
Fire Department
DATE: June 17, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Aaron Osorio, Fire Chief
Rico Rincon, Deputy Fire Chief
Den Mark Marcelo, Admin Services Coordinator
Subject: Standing Purchase Order with Municipal Emergency Services (MES) to Purchase Firefighter Self-Contained
Breathing Apparatus (SCBA)
FINANCIAL IMPACT: Expenditures would be spread out over two budget cycles and will come from multiple account strings listed below. Funding for Fiscal Year 2024-25 is included in the Fire Department budget.
(Account Strings: 01204022-400384; 21301022-400384)

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The Fire Department is seeking approval to establish a
standing purchase order with Municipal Emergency
Services to provide firefighter self-contained breathing apparatus.

RECOMMENDED ACTION: APPROVE a standing purchase order with Municipal Emergency Services (MES), using RFP 1920/Contract #
PS20120 Master Price Agreement publicly solicited by
National Purchasing Partners, Government Division, to
purchase firefighter self-contained breathing apparatus (SCBA) in an amount not to exceed $200,000 for a term
ending March 23, 2026, with a two-year extension option not to exceed an additional $200,000 for the extended
AGENDA
REPORT
336

Page 2 of 2 ends

June 17, 2025
term – Fire Department (Chief Aaron Osorio 510-307-
8021/Deputy Chief Rico Rincon 510-307-8041/Den Mark
Marcelo 510-307-8038).

DISCUSSION:

Firefighter SCBA (Self Contained Breathing Apparatus) provides respiratory protection to firefighters in Immediately Dangerous to Life or Health (IDLH) environments such as firefighting operations and hazardous material incidents. The SCBA system consists of a mask, regulator, air cylinder, and harness. SCBAs are essential to the department’s operations, as they allow firefighters to breathe in environments where oxygen is limited or contaminated. Additionally, SCBAs are mandated for all fire agencies to meet respiratory protection requirements set by Occupational Safety and Health Administration (OSHA), National Institute for Occupational Safety and Health (NIOSH), and national standards such as NFPA 1981, 1982, and 1852.

The Department intends to purchase SCBA units to replace aging equipment that is nearing the end of its expected service life, as well as to maintain spare units for unexpected needs.

City staff is recommending a standing purchase order with Municipal Emergency Service (MES) based on the Master Price Agreement between the vendor and League of Oregon Cities (“LOC”), entered in March 2020 and valid through 2026. LOC issued a competitive solicitation for fire, rescue, safety, and emergency products and services, as the lead public agency through National Purchasing Partners (“NPP”), 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 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 through NPP eliminates the cost associated with obtaining multiple solicitations throughout the year and reduces the lead-time in obtaining crucial equipment. Similarly, it is time consuming and costly to issue a competitive solicitation for firefighter self-contained breathing apparatus (SCBA) each time a purchase needs to be made. The current Master Price Agreement remains valid and active for the City’s utilization.

The amount of the purchase order is estimated from data base on replacement of existing equipment and the projected needs of the department.

DOCUMENTS ATTACHED:

Attachment 1 – MES (Firefighter SCBA) Piggyback Justification Form 337
338
4/29/2025 Andrea Miller
339
First Amendment to FIRE FIGHTER SCBA
RFP 1920
Master Price Agreement
Product Line Addition
This Amendment to the Master Price Agreement is entered into this _____ day of August, 2020 by LEAGUE OF OREGON CITIES LOC (“Purchaser”) and MUNICIPAL EMERGENCY SERVICES, INC./LAWMEN SUPPLY COMPANY (MES) (“Vendor”) based upon the sales and/or service of Fire Fighter SCBA.

RECITALS
WHEREAS, Purchaser and Vendor entered into a Master Price Agreement on or about March 26, 2020 and by this reference incorporated herein; and WHEREAS, Vendor desires to update the product category Fill Station & Compressor - Scott to Fill Station & Compressor - Artic as permitted under the terms of the Master Price Agreement; and
WHEREAS, Vendor has provided notice, on or about July 23, 2020, to update the product category Fill Station & Compressor from Scott to Artic 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.

DocuSign Envelope ID: F7BC480A-3EB8-4722-ADE8-38DEE43AAF77 340

AMENDMENT TO MASTER PRICE AGREEMENT

1. Product Addition. Attachment A to the Master Price 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

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 March 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:

MUNICIPAL EMERGENCY SERVICES, INC. & LAWMEN SUPPLY COMPANY _______________________________ Date _________________________ BY:

ITS:

FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS (SCBA)
Product Category Percentage (%) off
List Price*
(OR fixed price if % off
pricing is not
available)
FILL STATION & COMPRESSOR - SCOTT Net price
FILL STATION & COMPRESSOR - ARTIC Net price
DocuSign Envelope ID: F7BC480A-3EB8-4722-ADE8-38DEE43AAF77 Contract Adminastrator
8/14/2020
Seth Cosans
Mike Cully
Executive Director
8/14/2020
341
Certificate Of Completion
Envelope Id: F7BC480A3EB84722ADE838DEE43AAF77 Status: Completed Subject: Please DocuSign: MES and LOC RFP 1920 First Amendment - FINAL.pdf Source Envelope:

Document Pages: 2 Signatures: 2 Envelope Originator:

Certificate Pages: 5 Initials: 0 Bill DeMars
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
1100 Olive Way
Suite 1020
Seattle, WA 98101
[email protected]
IP Address: 24.16.218.197
Record Tracking
Status: Original
8/14/2020 2:27:48 AM
Holder: Bill DeMars
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Seth Cosans
[email protected]
Contract Adminastrator
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 68.33.137.91
Sent: 8/14/2020 2:33:25 AM
Viewed: 8/14/2020 10:57:26 AM
Signed: 8/14/2020 10:58:00 AM
Electronic Record and Signature Disclosure:

Accepted: 3/23/2020 11:11:56 AM
ID: d183df9f-9d87-49f9-b6ea-932f2859b802
Mike Cully
[email protected]
Executive Director
Security Level: Email, Account Authentication
(None) Signature Adoption: Drawn on Device
Using IP Address: 71.63.237.219
Sent: 8/14/2020 10:58:01 AM
Viewed: 8/14/2020 11:02:32 AM
Signed: 8/14/2020 11:02:38 AM
Electronic Record and Signature Disclosure:

Accepted: 8/14/2020 11:02:32 AM
ID: 4de48300-c670-4026-8467-2af06f04d0d0
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Kris Bordnick
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 8/14/2020 11:02:39 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
342
Carbon Copy Events Status Timestamp
Marshall Stiles
[email protected]
Brand Acquisition Manager
NPP
Security Level: Email, Account Authentication
(None)
Sent: 8/14/2020 11:02:40 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 8/14/2020 11:02:40 AM
Certified Delivered Security Checked 8/14/2020 11:02:40 AM Signing Complete Security Checked 8/14/2020 11:02:40 AM Completed Security Checked 8/14/2020 11:02:40 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
343

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 your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document.

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All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account 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.

Electronic Record and Signature Disclosure created on: 3/10/2016 2:06:46 PM Parties agreed to: Seth Cosans, Mike Cully
344
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Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent.
345
Acknowledging your access and consent to receive materials 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 verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an 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 on the terms and conditions described above, please let us know by clicking the 'I agree' button below.

BREATHING APPARATUS (SCBA)
RFP 1920
Master Price Agreement
Product Line Addition
This Amendment to the Master Price Agreement is entered into this _____ day of December 2020 by LEAGUE OF OREGON CITIES LOC (“Purchaser”) and MUNICIPAL EMERGENCY SERVICES, INC./LAWMEN SUPPLY COMPANY (MES) (“Vendor”) based upon the sales and/or service of FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS (SCBA).

RECITALS
WHEREAS, Purchaser and Vendor entered into a Master Price Agreement on or about March 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 August 14, 2020 and by this reference incorporated herein; and WHEREAS, Vendor desires to add a new air compressor product line as permitted under the terms of the Master Price Agreement; and
WHEREAS, Vendor has provided notice, on or about December 11, 2020, to add the Revolve Air Compressor product line as a new Product Category 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.

DocuSign Envelope ID: 73B4503D-B679-49E9-AE6B-24973D176ED3 14 347
2 AMENDMENT TO MASTER PRICE AGREEMENT

1. Product Addition. Attachment A to the Master Price 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

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:

MUNICIPAL EMERGENCY SERVICES, INC./LAWMEN SUPPLY COMPANY (MES) _______________________________ Date _________________________ BY:

ITS:

FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS (SCBA)
Product Category Percentage (%) off
List Price*
(OR fixed price if % off
pricing is not
available)
REVOLVE AIR COMPRESSORS Net price
DocuSign Envelope ID: 73B4503D-B679-49E9-AE6B-24973D176ED3 12/14/2020
Contract Adminastrator
Seth Cosans
Executive Director
Mike Cully
12/14/2020
348
Certificate Of Completion
Envelope Id: 73B4503DB67949E9AE6B24973D176ED3 Status: Completed Subject: Please DocuSign: MPA Amendment 2 RFP 1920 MES - FINAL.pdf Source Envelope:

Document Pages: 2 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)
1100 Olive Way
Suite 1020
Seattle, WA 98101
[email protected]
IP Address: 73.42.190.251
Record Tracking
Status: Original
12/14/2020 3:35:45 PM
Holder: Marshall Stiles
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Seth Cosans
[email protected]
Contract Adminastrator
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 173.49.115.191
Sent: 12/14/2020 3:39:40 PM
Viewed: 12/14/2020 7:51:52 PM
Signed: 12/14/2020 7:52:19 PM
Electronic Record and Signature Disclosure:

Accepted: 3/23/2020 11:11:56 AM
ID: d183df9f-9d87-49f9-b6ea-932f2859b802
Mike Cully
[email protected]
Executive Director
Security Level: Email, Account Authentication
(None) Signature Adoption: Drawn on Device
Using IP Address: 71.63.236.213
Signed using mobile
Sent: 12/14/2020 7:52:20 PM
Viewed: 12/14/2020 8:17:16 PM
Signed: 12/14/2020 8:17:30 PM
Electronic Record and Signature Disclosure:

Accepted: 12/14/2020 8:17:16 PM
ID: cf7ea0b8-8f99-4ff1-8dfb-cea67911179f
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Kris Bordnick
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 12/14/2020 8:17:31 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
349
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 12/14/2020 3:39:40 PM
Certified Delivered Security Checked 12/14/2020 8:17:16 PM Signing Complete Security Checked 12/14/2020 8:17:30 PM Completed Security Checked 12/14/2020 8:17:31 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
350

Electronic Record and Signature Disclosure created on: 3/10/2016 2:06:46 PM Parties agreed to: Seth Cosans, Mike Cully
351
How to contact National Purchasing Partners:

We do not require any other information from you to change your email address..

In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign.

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
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
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Server must enable HTTP 1.1 settings via
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** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent.
352
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By checking the 'I Agree' box, I confirm that:
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353
Third Amendment to Master Price Agreement
for FIRE FIGHTER SCBA
Product Line Removal
This Amendment to the Master Price Agreement is entered into this _____ day of March, 2021 by LEAGUE OF OREGON CITIES LOC (“Purchaser”) and MUNICIPAL EMERGENCY SERVICES, INC./LAWMEN SUPPLY COMPANY (MES) (“Vendor”) based upon the sales and/or service of Fire Fighter SCBA.

RECITALS
WHEREAS, Purchaser and Vendor entered into a Master Price Agreement on or about March 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 August 14, 2020 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Second Amendment to the Master Price Agreement on or about December 14, 2020 and by this reference incorporated herein; and
WHEREAS, Vendor desires to remove the product category Fill Station & Compressor - Artic as permitted under the terms of the Master Price Agreement; and WHEREAS, Vendor has provided notice, on or about March 24, 2021 to remove the product category Fill Station & Compressor - Artic 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: 39BB263B-EF96-439D-8218-93182DFBBF29 24th
354

AMENDMENT TO MASTER PRICE AGREEMENT

1. Product Addition. Attachment A to the Master Price 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

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:

MUNICIPAL EMERGENCY SERVICES, INC. & LAWMEN SUPPLY COMPANY _______________________________ Date _________________________ BY:

ITS:

FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS (SCBA)
Product Category Percentage (%) off
List Price*
(OR fixed price if % off
pricing is not
available)
FILL STATION & COMPRESSOR - ARTIC Net price
DocuSign Envelope ID: 39BB263B-EF96-439D-8218-93182DFBBF29 Seth Cosans
March 24, 2021 | 1:59 PM PDT
Contract Adminastrator
March 24, 2021 | 6:00 PM PDT
Mike Cully
Executive Director
355
Fourth Amendment to Master Price Agreement
for FIRE FIGHTER SCBA
Agreement Assigned
This Amendment to the Master Price Agreement is entered into this 21st day of February 2025 by LEAGUE OF OREGON CITIES LOC (“Purchaser”) and MUNICIPAL EMERGENCY SERVICES, INC./LAWMEN SUPPLY COMPANY (MES) (“Vendor”) based upon the sales and/or service of Fire Fighter SCBA.

RECITALS
WHEREAS, Purchaser and Vendor entered into a Master Price Agreement numbered on or about March 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 August 14, 2020 and by this reference incorporated herein; and WHEREAS, Purchaser and Vendor entered into the Second Amendment to the Master Price Agreement on or about December 14, 2020 and by this reference incorporated herein; and WHEREAS, Purchaser and Vendor entered into the Third Amendment to the Master Price Agreement on or about March 24, 2021 and by this reference incorporated herein; and WHEREAS, Article 18 of the Agreement contains an Assignment clause that allows one Party to assign the Agreement;
WHEREAS, per Purchaser’s written approval in a notice separate from this Agreement, Vendor has Assigned the Agreement to its affiliate MES SERVICE COMPANY, LLC on or about February 11, 2025;
WHEREAS, Purchaser and Vendor desire that the Master Price Agreement shall be amended in part to replace any reference of MUNICIPAL EMERGENCY SERVICES, INC./LAWMEN SUPPLY COMPANY to MES SERVICE COMPANY, LLC.

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

Docusign Envelope ID: B17E95D9-CF98-468E-B598-AD5EC635D46C 356

AMENDMENT TO MASTER PRICE AGREEMENT

1. Company Name Change. Any reference to MUNICIPAL EMERGENCY SERVICES, INC./LAWMEN SUPPLY COMPANY in the Master Price Agreement shall be updated to MES SERVICE COMPANY, LLC.

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:

MES SERVICE COMPANY, LLC
_______________________________ Date _________________________ BY:

ITS:

Docusign Envelope ID: B17E95D9-CF98-468E-B598-AD5EC635D46C February 24, 2025 | 8:53 AM PST
Maria Donovan
Contract Manager
Patricia M. Mulvihill
February 28, 2025 | 5:03 AM PST
Executive Director
357

LEAGUE OF OREGON CITIES
Fire Fighter Self Contained Breathing Apparatus Solicitation Synopsis Solicitation No. 1920
Intent
The League of Oregon Cities (LOC) served as Lead Agency to solicit proposals for Fire Fighter Self Contained Breathing Apparatus. 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
LOC has determined that it is advantageous for LOC to procure Fire Fighter Self Contained Breathing Apparatus 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 (1920) on November 12th, 2020.

The RFP was published in the Daily Journal of Commerce on November 11th, 2020.

The RFP was published in USA Today on November 12th, 2020.

The RFP closed on January 24th, 2020.

The RFP was awarded on March 5th, 2020.

The RFP was posted to the following web sites: www.nppgov.com, www.orcities.org and www.findrfp.com
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The text of the published notice of solicitation is as follows:

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

1. Arctic Compressor, LLC

2. Bauer Compressors, Inc.

3. Cascade Fire Equipment Company

4. Curtis

5. Draeger, Inc

6. MECO

7. MES

8. Ten-8
A copy of the log for proposals received is attached hereto.

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

1. Arctic Compressor, LLC

2. Bauer Compressors, Inc.

3. Cascade Fire Equipment Company

4. Curtis

5. Draeger, Inc

6. MECO

7. MES

8. Ten-8
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Evaluation
The 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
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Pricing Structure
Arctic Compressor, LLC: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement.

Bauer Compressors, Inc: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement.

Cascade Fire Equipment Company: Proposer provided a discount off list price.

See Price List Attachment in the resulting Master Price Agreement.

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

Draeger, Inc: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement.

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

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

Ten-8: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement.

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

LEAGUE OF OREGON CITIES
RFP NUMBER 1920
SOLICITATION FOR: FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS (SCBA) Notice is hereby given that the LEAGUE OF OREGON CITIES will accept sealed proposals for FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS (SCBA) at the address listed below, until 5:00 PM PST on JANUARY 24TH, 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 sales potential exists because 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 “FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS (SCBA) RFP” #1920

LEAGUE OF OREGON CITIES
c/o Procurement Coordinator
1201 Court St. NE
Suite 200
Salem, OR 97301
All Proposals must clearly state RFP #1920 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 “FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS (SCBA) RFP” #1920

LEAGUE OF OREGON CITIES
c/o Procurement Coordinator
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 AND THE USA TODAY.
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IMPORTANT

PLEASE READ BEFORE SUBMITTING YOUR PROPOSAL
SOLICITATIONS FOR: FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS (SCBA)

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 FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS (SCBA).

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 FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS (SCBA) 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 FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS (SCBA) 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
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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 368
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 PROPOSERS SUBMITTING A RESPONSE:
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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 FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS (SCBA) 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 Proposer 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 370
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 371
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. 372
Solicitation Notice Publication: NOVEMBER 12TH, 2019

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 1920, 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 Procurement Coordinator , 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 JANUARY 24TH, 2020.

The LOC must receive all proposals before 5:00 PM PST on the above date of closing in the office of the LEAGUE OF OREGON CITIES, c/o Procurement Coordinator , Executive Director, 1201 Court St. NE, Suite 200, Salem, OR 97301.

Approximate date of opening: 9:00 AM PST on JANUARY 24TH, 2020 at the office of the LEAGUE OF OREGON CITIES, c/o Procurement Coordinator , 1201 Court St. NE, Suite 200, Salem, OR 97301.

Proposal selection: JANUARY 24TH, 2020 to MARCH 5TH, 2020.

Approximate date of award: MARCH 5TH, 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 Coordinator
1201 Court St. NE
Suite 200
Salem, OR 97301
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Administrative telephone inquiries shall be addressed to:

Procurement Coordinator
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 Coordinator
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 date of closing.

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 date of closing 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 “FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS
(SCBA) RFP” #1920

LEAGUE OF OREGON CITIES
c/o Procurement Coordinator , 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 date of closing. Any Proposer may withdraw its proposal if a Master Price Agreement has not been executed within sixty (60) 374
days from the RFP date of closing.

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 1920.” Exceptions not listed under the heading “Exception to the Solicitation, RFP Number 1920.” 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. This 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 1920.

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 specifically 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 375
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.
376

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: _____________________
377

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) 378

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 Bradstreet 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.
379

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 Ecommerce 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 billing. [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? 380
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 381
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: Tuesday: Wednesday: Thursday: Friday: Saturday: Sunday:

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] 382

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: Tuesday: Wednesday: Thursday: Friday: Saturday: Sunday:

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] 383

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] 384
Exhibit 1
FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS (SCBA) 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
385

RHODE ISLAND

SOUTH CAROLINA

SOUTH DAKOTA

TENNESSEE
TEXAS
UTAH

VERMONT

VIRGINIA

WASHINGTON

WEST VIRGINIA

WISCONSIN

WYOMING
386

THE FORM LISTED BELOW MUST BE SIGNED AND RETURNED WITH SOLICITATION RESPONSE 387
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 _____________, _______.

(Name of Firm)
By:
(Authorized Signature)
Title:
388

ATTACHMENT C

SPECIFICATIONS

FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS (SCBA)
These specifications are intended to cover the complete range of FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS (SCBA). 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.

CATEGORY 1: OPEN-CICUIT SELF-CONTAINED (SCBA) AND/OR CLOSEDCIRCUIT SCBA SYSTEMS: SCBA shall be certified by the National Institute for Occupational Safety and Health (HIOSH) under current Title 42, part 84 of the Code of Regulations for 30-, 45-, or 60-minute rated service life and for storage. SCBA shall be compliant with all current related performance requirements of the NFPA. SCBA shall include primary audible alarms, and secondary (redundant) alarms. All electronic components shall be certified as intrinsically safe per Underwriters Laboratories (UL) 913.

CATEGORY 2: FACEPIECES: Shall be constructed to: fit various facial shapes and sizes; contain a replaceable, non-shatter-type, polycarbonate (or equal) to provide a satisfactory field of vision; allow air to enter the facepiece in a manner that shall reduce the possibility of moisture accumulation on the lens; employ an adjustable strap headband assembly; contain an easily removable exhalation module; removable speaking diaphragm; have field-replaceable components throughout; removable nose cup; and a removable adapter onto which the second stage regulator attaches. Include any available options such as heads up displays, thermal imaging displays, communications systems, etc.

CATEGORY 3: REGULATOR SYSTEM, INTERMEDIATE PRESSURE HOSE, RAPID

INTERVENTION CREW/COMPANY UNIVERSAL AIR CONNECTION
(RIC UAC): Shall be designed to operate in two independent stages: first stage shall be mounted directly on the cylinder valve; second stage shall be designed to provide positive pressure during an NFPA breathing machine test at a minimum of 70-psi inlet pressure. Regulator system shall be constructed to contain a pressure-reducing valve to reduce pressure from the cylinder; contain 389
an over-pressurization relief valve; provide uniform flow performance throughout the full cylinder pressure range; include a metal inlet filter to retain particles of 30 microns or greater; and incorporate a RIC UAC.

CATEGORY 4: CYLINDERS: Shall pass all United States Department of Transportation (USDOT) testing requirements for cylinder volume, weight, construction materials, and maximum pressures. Cylinder valve shall include gauges, handwheel with safety locking collar device, and conform to the Compressed Gas Association (CGA) standard for thread connection for low and high pressure. Cylinder recharging stations, cylinder testing (members shall receive all testing certificates).

CATEGORY 5: MAINTENANCE, SERVICE AND TESTING: Any services and options related to the maintenance, service and testing of products and equipment offered in any of the categories
CATEGORY 6: OTHER: Other related self-contained breathing apparatus (SCBA) options not included in other categories including but not limited to integrated PASS alarms, command post air supply monitoring, physiological monitoring, personnel tracking, etc. Supplied Air Breathing Apparatus (SABA) equipment may also be offered in this category.
390

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

FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS (SCBA)
Product Category Percentage (%) off
List Price*
(OR fixed price if % off
pricing is not available)

OPEN-CICUIT SELF-CONTAINED (SCBA) AND/OR CLOSED

CIRCUIT SCBA SYSTEMS

FACEPIECES

REGULATOR SYSTEM, INTERMEDIATE PRESSURE HOSE,

RAPID INTERVENTION CREW/COMPANY UNIVERSAL AIR

CONNECTION (RIC UAC)

CYLINDERS

MAINTENANCE, SERVICE AND TESTING
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.
391

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
392
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:
393
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 _________________
394

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.
395
(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.
396

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
397
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
398
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
399
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
400

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
401

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.
402

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
MILTONFREEWATER

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.
403
Hawaii’s Counties
Hawaii Honolulu Kalawao Kaua’i Maui
404
League of Oregon Cities IGA V1.0
Intergovernmental Cooperative Purchasing Agreement
This Intergovernmental Agreement (Agreement) is by and between the “Lead Contracting Agency” and participating government entities (“Participating Agencies”), that are members of National Purchasing Partners (“NPPGov”), including members of Public Safety GPO, First Responder GPO, Law Enforcement GPO, Education GPO and EMS GPO that agree to the terms and conditions of this Agreement. The Lead Contracting Agency and all Participating Agencies shall be considered as “parties” to this agreement.

WHEREAS, upon completion of a formal competitive solicitation and selection process, the Lead Contracting Agency has entered into Master Price Agreements with one or more Vendors to provide goods and services, often based on national sales volume projections; WHEREAS, NPPGov provides group purchasing, marketing and administrative support for governmental entities. NPPGov’s marketing and administrative services are free to its membership, which includes participating public entities and nonprofit institutions throughout North America.

WHEREAS, NPPGov has instituted a cooperative purchasing program under which member Participating Agencies may reciprocally utilize competitively solicited Master Price Agreements awarded by the Lead Contracting Agency; WHEREAS, the Master Price Agreements provide that all qualified government members of NPPGov may purchase goods and services on the same terms, conditions and pricing as the Lead Contracting Agency, subject to applicable local and state laws of the Participating Agencies;
WHEREAS, the parties agree to comply with the requirements of the Intergovernmental Cooperation Act as may be applicable to the local and state laws of the Participating Agencies;
WHEREAS, the parties desire to conserve and leverage resources, and to improve the efficiency and economy of the procurement process while reducing solicitation and procurement costs;
WHEREAS, the parties are authorized and eligible to contract with governmental bodies and Vendors to perform governmental functions and services, including the purchase of goods and services; and
WHEREAS, the parties desire to contract with Vendors under the terms of the Master Price Agreements;
DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A 405
League of Oregon Cities IGA V1.0
NOW, THEREFORE, the parties agree as follows:

ARTICLE 1: LEGAL AUTHORITY
Each party represents and warrants that it is eligible to participate in this Agreement because it is a local government created and operated to provide one or more governmental functions and possesses adequate legal authority to enter into this Agreement.

ARTICLE 2: APPLICABLE LAWS
The procurement of goods and services subject to this Agreement shall be conducted in accordance with and subject to the relevant statutes, ordinances, rules, and regulations that govern each party’s procurement policies. Competitive Solicitations are intended to meet the public contracting requirements of the Lead Contracting Agency and may not be appropriate under, or satisfy Participating Agencies’ procurement laws. It is the responsibility of each party to ensure it has met all applicable solicitation and procurement requirements. Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements.

ARTICLE 3: USE OF BID, PROPOSAL OR PRICE AGREEMENT
a. A “procuring party” is defined as the Lead Contracting Agency or any Participating Agency that desires to purchase from the Master Price Agreements awarded by the Lead Contracting Agency.
b. Each procuring party shall be solely responsible for their own purchase of goods and services under this Agreement. A non-procuring party shall not be liable in any fashion for any violation of law or contract by a procuring party, and the procuring party shall hold non-procuring parties and all unrelated procuring parties harmless from any liability that may arise from action or inaction of the procuring party.
c. The procuring party shall not use this agreement as a method for obtaining additional concessions or reduced prices for similar goods and services outside the scope of the Master Price Agreement.
d. The exercise of any rights or remedies by the procuring party shall be the exclusive obligation of such procuring party.
e. The cooperative use of bids, proposals or price agreements obtained by a party to this Agreement shall be in accordance with the terms and conditions of the bid, proposal or price agreement, except as modified where otherwise allowed or required by applicable law, and does not relieve the party of its other solicitation requirements under state law or local policies.

DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A 406
League of Oregon Cities IGA V1.0
ARTICLE 4: PAYMENT OBLIGATIONS
The procuring party will make timely payments to Vendors for goods and services received in accordance with the terms and conditions of the procurement. Payment for goods and services, inspections and acceptance of goods and services ordered by the procuring party shall be the exclusive obligation of such procuring party. Disputes between procuring party and Vendor shall be resolved in accordance with the law and venue rules of the state of the procuring party.

ARTICLE 5: COMMENCEMENT DATE
This Agreement shall take effect after execution of the “Lead Contracting Agency Endorsement and Authorization” or “Participating Agency Endorsement and Authorization,” as applicable.

ARTICLE 6: TERMINATION OF AGREEMENT
This Agreement shall remain in effect until terminated by a party giving 30 days written notice to “Lead Contracting Agency”
ARTICLE 7: ENTIRE AGREEMENT
This Agreement and any attachments, as provided herein, constitute the complete Agreement between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein.

ARTICLE 8: CHANGES AND AMENDMENTS
This Agreement may be amended only by a written amendment executed by all parties, except that any alterations, additions, or deletions of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation.

ARTICLE 9: SEVERABILITY
All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect.

THIS INSTRUMENT HAS BEEN EXECUTED IN TWO OR MORE ORIGINALS BY EXECUTION AND ATTACHMENT OF “THE LEAD CONTRACTING AGENCY ENDORSEMENT AND AUTHORIZATION” OR “PARTICIPATING AGENCY ENDORSEMENT AND AUTHORIZATION,” AS APPLICABLE. ONCE EXECUTED, IT

IS THE RESPONSIBILITY OF EACH PARTY TO FILE THIS AGREEMENT WITH THE PROPER AGENCY IF REQUIRED BY LOCAL OR STATE LAW.

DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A 407
League of Oregon Cities IGA V1.0

LEAGUE OF OREGON CITIES

ENDORSEMENT AND AUTHORIZATION
The undersigned acknowledges, on behalf of the League of Oregon Cities (“Lead Contracting Agency”) that he/she has read and agrees to the general terms and conditions set forth in the enclosed Intergovernmental Cooperative Purchasing Agreement regulating use of the Master Price Agreements and purchase of goods and services that from time to time are made available by the League of Oregon Cities to Participating Agencies locally, regionally, and nationally through NPPGov. Copies of Master Price Agreements and any amendments thereto made available by the League of Oregon Cities will be provided to Participating Agencies and NPPGov to facilitate use by Participating Agencies.

The undersigned understands that the purchase of goods and services under the provisions of the Intergovernmental Cooperative Purchasing Agreement is at the absolute discretion of the Participating Agencies.

The undersigned affirms that he/she is an agent of the League of Oregon Cities and is duly authorized to sign this League of Oregon Cities Endorsement and Authorization. ________________________________________ Date:______________ BY:

ITS:

League of Oregon Cities Contact Information:

Contact Person: Mike Culley
Address: 1201 Court St NE #200, Salem, OR 97301
Telephone No.: 503-588-6550
Email: [email protected]
DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A 3/26/2020
408
League of Oregon Cities IGA V1.0

PARTICIPATING AGENCY

ENDORSEMENT AND AUTHORIZATION
The undersigned acknowledges, on behalf of ______________ (“Participating Agency”) that he/she has read and agrees to the general terms and conditions set forth in the enclosed Intergovernmental Cooperative Purchasing Agreement regulating use of the Master Price Agreements and purchase of goods and services that from time to time are made available by the Lead Contracting Agency to Participating Agencies locally, regionally, and nationally through NPPGov.

The undersigned further acknowledges that the purchase of goods and services under the provisions of the Intergovernmental Cooperative Purchasing Agreement is at the absolute discretion of the Participating Agency and that neither the Lead Contracting Agency nor NPPGov shall be held liable for any costs or damages incurred by or as a result of the actions of the Vendor or any other Participating Agency. Upon award of contract, the Vendor shall deal directly with the Participating Agency concerning the placement of orders, disputes, invoicing and payment.

The undersigned affirms that he/she is an agent of __________________ and is duly authorized to sign this Participating Agency Endorsement and Authorization. ______________________________ Date:______________
BY: _________________________
ITS: _________________________
Participating Agency Contact Information:

Contact Person: ________________________
Address: ______________________________
______________________________________
______________________________________
Telephone No.:__________________________
Email:_________________________________
DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A 409

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 MUNICIPAL EMERGENCY SERVICES, INC./LAWMEN SUPPLY COMPANY (MES) (“Vendor”).

RECITALS
WHEREAS, the Vendor is in the business of selling certain FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS (SCBA), 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 FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS (SCBA) 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. 1920 for FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS (SCBA); 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. 1920 (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: F407FA22-B160-4A5A-80B1-8A9F5FD480C9 410
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: F407FA22-B160-4A5A-80B1-8A9F5FD480C9 411
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.

ARTICLE 3 – TERM AND TERMINATION
DocuSign Envelope ID: F407FA22-B160-4A5A-80B1-8A9F5FD480C9 412
4 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.

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 DocuSign Envelope ID: F407FA22-B160-4A5A-80B1-8A9F5FD480C9 413
5 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 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, DocuSign Envelope ID: F407FA22-B160-4A5A-80B1-8A9F5FD480C9 414
6 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 nonprocuring 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.

ARTICLE 9 – SUBSTITUTIONS
DocuSign Envelope ID: F407FA22-B160-4A5A-80B1-8A9F5FD480C9 415
7 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.

ARTICLE 14 - RELATIONSHIP OF PARTIES
Vendor is an independent contractor and is not an agent, servant, employee, legal DocuSign Envelope ID: F407FA22-B160-4A5A-80B1-8A9F5FD480C9 416
8 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:

MUNICIPAL EMERGENCY SERVICES, INC./LAWMEN SUPPLY COMPANY 12 Turnberry Lane
2nd Floor
Sandyhook, CT 06482
ATTN: Seth Cosans
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 nonperformance is ca used 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: F407FA22-B160-4A5A-80B1-8A9F5FD480C9 417
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: F407FA22-B160-4A5A-80B1-8A9F5FD480C9 418
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: _____________________________
MUNICIPAL EMERGENCY SERVICES, INC./LAWMEN SUPPLY COMPANY (MES) Dated: ____________________________
DocuSign Envelope ID: F407FA22-B160-4A5A-80B1-8A9F5FD480C9 Contract Adminastrator
3/26/2020
Seth Cosans
Mike Cully
3/26/2020
Executive Director
419
11 ATTACHMENT A
to Master Price Agreement by and between VENDOR and PURCHASER.

PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES

FIRE FIGHTER SELF CONTAINED BREATHING APPARATUS (SCBA)
Product Category Percentage (%) off
List Price*
(OR fixed price if % off
pricing is not
available)

OPEN-CICUIT SELF-CONTAINED (SCBA) AND/OR CLOSED

CIRCUIT SCBA SYSTEMS
SCBA SETS NFPA - SCOTT 24%
CYLINDERS - SCOTT 24%

FACEPIECES
COMMUNICATIONS AND FACE PIECE OPTIONS 9%

REGULATOR SYSTEM, INTERMEDIATE PRESSURE HOSE,

RAPID INTERVENTION CREW/COMPANY UNIVERSAL AIR

CONNECTION (RIC UAC)

CYLINDERS
SCOTT 24%
AIR CARTS - SCOTT 9%
FILL STATION & COMPRESSOR - SCOTT Net price

MAINTENANCE, SERVICE AND TESTING
SERVICE FOR SCBA - SCOTT $120 per unit
SERVICE FOR SCBA MES SCOTT $95 per hour nonwarranty

SERVICE FOR FILLSTATIONS & COMPRESSORS MES
SCOTT
$120 per hour nonwarranty
PARTS - SCOTT Net price
OTHER
RIT PAKS - SCOTT 9%
SKA PAKS - SCOTT 9%
NOTE: Shipping for large, bulky or heavy items MES will quote as needed separately. From time to time MES may include shipping as added discount at no charge.

When MES ships from our warehouses to get products to customers quickly shipping may be added and at other times drop shipments may have shipping included no charge due to shipping terms with manufacture’s. Whatever the fairest and most equitable shipping situation MES will present to each order.

MES will present these shipping terms at time of each quote.

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

DocuSign Envelope ID: F407FA22-B160-4A5A-80B1-8A9F5FD480C9 420
12 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: F407FA22-B160-4A5A-80B1-8A9F5FD480C9 421
13 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: F407FA22-B160-4A5A-80B1-8A9F5FD480C9 422
14 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: F407FA22-B160-4A5A-80B1-8A9F5FD480C9 423
15 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: F407FA22-B160-4A5A-80B1-8A9F5FD480C9 424
16 ATTACHMENT F
to Master Price Agreement by and between VENDOR and PURCHASER.

ADDITIONAL VENDOR TERMS OF PURCHASE, IF ANY.

DocuSign Envelope ID: F407FA22-B160-4A5A-80B1-8A9F5FD480C9 425
Certificate Of Completion
Envelope Id: F407FA22B1604A5A80B18A9F5FD480C9 Status: Completed Subject: RFP 1920 LOC and MES SCBA
Source Envelope:

Document Pages: 16 Signatures: 2 Envelope Originator:

Certificate Pages: 5 Initials: 0 Bill DeMars
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
1100 Olive Way
Suite 1020
Seattle, WA 98101
[email protected]
IP Address: 162.248.186.11
Record Tracking
Status: Original
3/23/2020 7:41:40 PM
Holder: Bill DeMars
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Seth Cosans
[email protected]
Contract Adminastrator
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 173.49.115.251
Sent: 3/23/2020 7:43:57 PM
Resent: 3/25/2020 6:59:40 PM
Viewed: 3/24/2020 6:07:23 AM
Signed: 3/26/2020 1:53:52 PM
Electronic Record and Signature Disclosure:

Accepted: 3/23/2020 11:11:56 AM
ID: d183df9f-9d87-49f9-b6ea-932f2859b802
Mike Cully
[email protected]
Executive Director
Security Level: Email, Account Authentication
(None) Signature Adoption: Drawn on Device
Using IP Address: 71.63.237.219
Sent: 3/26/2020 1:53:55 PM
Viewed: 3/26/2020 2:45:28 PM
Signed: 3/26/2020 2:45:50 PM
Electronic Record and Signature Disclosure:

Accepted: 3/26/2020 2:45:28 PM
ID: 59148af4-5141-4ac9-ab60-e0ee7ab43ca3
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
426
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 3/26/2020 1:53:55 PM
Certified Delivered Security Checked 3/26/2020 2:45:29 PM Signing Complete Security Checked 3/26/2020 2:45:50 PM
Completed Security Checked 3/26/2020 2:45:50 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
427

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428
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June 17, 2025
Library and Community Services
DATE: June 17, 2025
TO: Mayor Martinez and Members of the City Council
FROM: LaShonda White, Deputy City Manager-Community
Services
Ranjana Maharaj, Deputy Director for Community
Services-Recreation
Kymberlyn Carson-Thrower, Recreation Supervisor
SUBJECT: Approve a Contract with Pyro Spectacular North, Inc. for a Fireworks Display Show on July 3, 2025
FINANCIAL IMPACT: The funding to cover this contract is included in the Recreation’s budget (Account String: 01254551-400222).

The City’s Fire Department will be on standby for
emergencies. In addition, the Richmond Police
Department and Public Works will be in attendance
and/or providing support for the event. This will incur additional costs.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

City staff is seeking approval of the Production
Agreement Contract with Pyro Spectaculars North, Inc. in the amount of $103,000 to provide a fireworks display
show for the City of Richmond on July 3, 2025.

AGENDA
REPORT
431

Page 2 of 2 ends

June 17, 2025
RECOMMENDED ACTION: APPROVE the production agreement contract with Pyro Spectaculars North, Inc. to provide a fireworks display show for Richmond on July 3, 2025, at the Richmond
Marina in an amount not to exceed $103,000, for a term
from June 17, 2025, to December 31, 2025, and
AUTHORIZE a deposit payment of $51,500 to the vendor
and final payment of $51,500 to the vendor on July 5,
2025 - Community Services Department (LaShonda
White/Ranjana Maharaj/Kymberlyn Carson-Thrower 510-
620-6828).

DISCUSSION:

The City of Richmond has completed all prerequisites mandated to implement the 3 rd of
July Fireworks Celebration. The Request for Proposal for the 3 rd of July Fireworks show
was posted on the City’s Bids Online on December 16, 2024. One vendor responded to our posted request, which was Pyro Spectaculars North Inc., who was the City’s fireworks show vendor in previous years (Attachment 1).

Each year, the City coordinates with several departments, vendors, and agencies to host the Annual 3rd of July Fireworks celebrations. The planning and coordination of the annual fireworks event starts as early as January. The City is required to complete a special event permit and route as part of the approval process. This approval requires coordination and confirmations from the Richmond Police Department, Fire Department, Public Works and other City departments. The vendor is required to coordinate the fireworks showcase, barge services, approval to use a port for loading fireworks, and other permits as required for the actual fireworks show.

In January 2025, Pyro Spectaculars North Inc. informed City staff that they hope to keep all water related fees with the same vendor to provide tug and barge services. Marine Express has stellar equipment, highly skilled and very experienced operators; however, they charge the current market rate for their services. The increase in market rate has substantially increased the cost of the entire fireworks show.

Based upon the information provided by Pyro Spectaculars North Inc. and the timeframe left to finalize contracts and prepare for the fireworks showcase in July 2025, City staff recommend that the City of Richmond accept the proposal provided by Pyro Spectaculars North Inc. City staff is seeking City Council approval of the Production Agreement Contract with Pyro Spectaculars North Inc. to provide a fireworks display show for the City of Richmond on July 3, 2025, in an amount not to exceed $103,000, and authorize a deposit payment of $51,500 to the vendor and final payment of $51,500 to the vendor on July 5, 2025 (Attachment 2).

DOCUMENTS ATTACHED:

Attachment 1 – Bid Detail Report
Attachment 2 – Original Contract
432
Fireworks Bid Summary Details
December 6, 2024 – January 3, 2025
This is an automated email notification. Please do not reply.

A new bid request was posted by City of Richmond which meets your selected criteria.

Project Title: Request for Proposal 3rd of July Fireworks Showcase Display Posted: December 6, 2024 9:06 AM (Pacific)
Bid Due Date: January 3, 2025 5:00 PM (Pacific)

Please visit the bid details for more information.

Notified Categories:
03700 - Amusement, Decorations, Entertainment, Gifts, Toys, Etc. 96205 - Amusement And Entertainment Services (Incl. Performing Arts Professionals) 96236 - Fireworks Display And Carnival Services
Thank you,
City of Richmond
56 vendors were notified.
433
City of Richmond July 3, 2025
434
May 12, 2025
City of Richmond
Kymberlyn Carson Thrower
2600 Barrett Avenue, 3rd Floor
Richmond, CA 94804
Subject: Proposal for your event, on July 3, 2025, PROGRAM A for $103,000.00 Pyrotechnics/Theatrical:

☐Close Proximity X Display Fireworks ☐Firecrackers
Special Effects: ☐Spark Machines ☐Flames ☐CO2 Cryo Jets ☐Confetti/Streamers ☐Lights ☐Foggers
Drones: ☐ Light Animations ☐ Accents
Dear Kymberlyn Carson Thrower,
Pyro Spectaculars, Inc. is delighted to present our proposal for the full-service custom-designed PROGRAM A for the production of your upcoming event, event,. We are confident that our production capabilities and crew experience will result in the display of an unforgettable experience for your audience.

Enclosed you will find three important documents that outline our PROGRAM A proposal in detail:

1. Product Synopsis - Proposal: Provides the specifications of the devices and products to be used in your event.

2. Production Agreement: Presents the terms and conditions for the production of your event, including engagements, duties, and payment dates and amounts.

3. Scope of Work: Outlines the responsibilities and services to be provided by both Pyro Spectaculars, Inc. and City of Richmond that will be necessary for the execution of the production of your event, along with insurance limits and requirements.

To secure your program, return the fully executed Production Agreement, and initial payment, REMOVE IF DEPOSIT NOT REQUIRED to our office by the PRICE FIRM date, May 23, 2025. Please note that program availability, pricing, and show date may be subject to change if these are not timely received.

If you have any questions, or wish to discuss your program in detail, please do not hesitate to contact either me or your dedicated Customer Service Representative, Sarah Ray, at (916) 640-0173.

Sincerely,
Pyro Spectaculars, Inc.

Pat Dyas, Show Producer
(SR)
Pyro Spectaculars, Inc.

P.O. Box 2329, Rialto, CA 92377 • Phone: (916) 640- 0173 • Fax: (916) 640- 0174 435
Pyrotechnics Proposal
City of Richmond
PROGRAM A – July 3, 2025
$103,000.00
O p e n in g
D e s c rip tio n Q u a n tity
⧫ 3 " S o u za D e sig n e r O pe n in g S a lu te s 6 0 S h o ts T o ta l o f O p e n in g 60
M a in B o d y - A e ria l S h e ll s
D e s c rip tio n Q u a n tity
⧫ 4 " S o u za D e sig n e r S e le c tio n s 1 5 0 S h o ts ⧫ 5 " S o u za D e sig n e r S e le c tio n s 1 5 0 S h o ts ⧫ 6 " S o u za D e sig n e r S e le c tio n s 1 0 8 S h o ts T o ta l o f M a in B o d y - A e ria l S h e lls 408
G ra n d F in a le
D e s c rip tio n Q u a n tity
⧫ 3 " S o u za D e sig n e r B o m b a rd m e n t S h e lls 150 ⧫ 4 " S o u za D e sig n e r B o m b a rd m e n t S h e lls 60 ⧫ 5 " S o u za D e sig n e r B o m b a rd m e n t S h e lls 36 ⧫ 6 " S o u za D e sig n e r B o m b a rd m e n t S h e lls 18 T o ta l o f G ra n d F in a le 264
G ra n d T o ta l 7 3 2
436
437
438
439
440
5/12/2025
City of Richmond
Kymberlyn Carson Thrower
2600 Barrett Avenue, 3rd Floor
Richmond, CA 94804
500

INITIAL PRODUCTION FEE FOR SPECIAL FIREWORKS DISPLAY
ON July 3, 2025
PAYMENT DUE MAY 23, 2025

FINAL PAYMENT DUE WILL BE INVOICED AT A LATER DATE
$51,500.00
$51,500.00
441

CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

Contractor further understands and agrees that Contractor'sfailure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.

By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (July2024)
442

Page 1 of 1 ends

June 17, 2025
Mayor's Office
DATE: June 17, 2025
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
SUBJECT: Appointment of Jerry Cole to the Historic Preservation Commission
FINANCIAL IMPACT: There is no financial impact for receiving this item.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Jerry Cole is applying for a vacant unexpired seat on the Historic Preservation Commission
RECOMMENDED ACTION: APPOINT Jerry Cole to the Historic Preservation Commission, with a term that expires July 31, 2026 –
Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

DISCUSSION:

Jerry Cole is a Richmond resident with a degree in History from the University of California, Berkeley. He volunteers at the Red Oak Victory Ship, where he has gained valuable insight into Richmond’s history. He is interested in serving on the Historic Preservation Commission to help protect and preserve the city’s historic places.

DOCUMENTS ATTACHED:

Attachment 1 – Jerry Cole’s redacted application
AGENDA
REPORT
443
444
PUBLIC
WORKS/ABATEMENTMAY 2025ABATEMENT UPDATEJUNE 24, 2025
445

NEIGHBORHOOD
DUMPSTER DAYS (2)
 PARCHESTER VILLAGE SHIELDS-REID/NORTH

RICHMOND
33 DUMPSTERS – 76.58 TONS
446
48 SENIORS/DISABLED
PERSONS ASSISTED (13.86 TONS)
 PARCHESTER VILLAGE SHIELDS-REID/NORTH

RICHMOND
447

ILLEGAL

DUMPING
-5th and Bissell
-4th St.
448

ILLEGAL DUMPING
‐SOUTH ST. AND BECK AVE
‐S.16TH ST..
‐HOFFMAN BLVD.
932 LOCATIONS
449
ILLEGAL DUMPING: MATTRESSES,
PAINT/OIL AND TIRESMATTRESS –S 37TH ST. PARK PLAZA
TIRES – HOFFMAN BLVD.

OIL/PAINT
 215 MATTRESSES  150 GALLONS OF PAINT/OIL  291 TIRES 450
Tonnage Collected Jan Feb March April May Jun Jul Aug Sep Oct Nov Dec YTD 2022 143.24 181.58 209.4 189.23 197.55 182.86 343.3 311.5 247.37 215.74 231.95 278.08 2731.802023 249.87 169.66 210.78 224.86 185.09 242.03 213.87 238.18 207.01 317.6 261.62 231.51 2752.082024 290.37 185.55 229.98 194.45 286.88 208.95 216.96 392.56 271.85 305.43 272.36 281.48 3136.622025 280.88 176.79 162.83 231.33 207.63 1059.43 Illegal Dumping (Tons) YTD Comparison
451
ILLEGAL DUMPING TONNAGE COLLECTED PER MONTH - 2025
0 50
100150200250300
452
ILLEGAL DUMPING TOTAL COST PER MONTH – 2025*
$-
$20,000.00 $40,000.00 $60,000.00 $80,000.00
$100,000.00 $120,000.00 $140,000.00
January February March April May June July August September October November December *Includes Labor and Equipment
453

ENCAMPMENT
ABATEMENT - 23

LOCATIONS
-19TH ST. & NEVIN LOT
36.92 Tons removed
454

ENCAMPMENTS
ABATEMENT-CASTRO ST. UNDER PARKWAY‐2500 FLORIDA AVE.
455

ENCAMPMENTS TONNAGE COLLECTED PER MONTH (MAY)
05 10152025303540
2022
May
2023
May
2024
May
2025
May
456

FENCING
Kearney Underpass –To prevent encampments reestablishment.

Before After
457

PRIVATE PROPERTY CLEAN-UP (WARRANT)
Iron Triangle
458

EMERGENCY BOARD-UP
Park Plaza – Miraflores Historic Structures.
459

GRAFFITI REMOVAL
290 Tags Removed
146 Locations
Marina Way and Macdonald Ave - Lot
460

GRAFFITI REMOVAL
Carlson and Imperial.
461

GRAFFITI TAGS REMOVED PER MONTH
0 50
100150200250300350
2022
May
2023
May
2024
May
2025
May
462
May Stats 2023 2024 2025 2023 2024 2025
Illegal Dumping (Tons) 186.65 286.9 207.63 1058.5 1187.25 1059.36 • Mattresses 218 238 215 1016 1126 1117
Dumpster Days (Tons) 64 62.64 90.44 198.39 283.7 295.46*Number of Events 3 2 2 10 12 9Encampments 6 11 23 28 49 87 • Tons 8.67 25 36.92 122.93 80.93 36.92
Graffiti Tags 224 212 290 1072 839 1258
YTD
463
WEED ABATEMENT (16 LOCATIONS)
Barnard St. - Fairmede Hilltop
464
WEED ABATEMENT (16 LOCATIONS)
S 33rd St. & Beck - Pullman
Before After
465

WEED ABATEMENT
8th St. & Ohio Ave
Before After
466
MISCELLANEOUS: ENTRIES
RESECUREPARKING GARAGE – 12TH &
NEVIN

.
467
MISCELLANEOUS:
113 MACDONALD AVE - CITY
OWNED LOT CLEAN-UP – 5/01
468

ABATEMENT STAFF HOURS
Illegal Dumping 1243Encampment Removal 228Graffiti Abatement 168North Richmond Mitigation 33Weeds/Brush Abatement 166Fencing, Private Board Ups & Clean-Ups 209Seniors Assistance 48Leave 195Management 200Transport/Misc.* 30Total 2520 May Hours
Illegal DumpingEncampment RemovalGraffiti AbatementNorth Richmond MitigationWeeds/brush AbatementTransport/Misc*Board Ups/Clean Ups/FencingSeniors Assistance Transport/Misc. includes staff hours for removal of debris Managementfrom vehicles, Point Molate trash removal, and hazardous waste facility disposal. 469
on
IRON TRIANGLE
BELDING WOODS
W
Barre
tt Ave
NORTH & EAST RICHMO
HEIGHT
ATCHISO

N VILLAGE
Dim
St RICHMORE VILLAGEMETRO
SQUARE
Illegal Dumping
Hotspot (18)
February, 2025
Canal
PULLMAN PARK PLAZA
SANTE FE 580
CORONADO EL CERRITO
Lauritzen Canal
S 31st
St
CORTEZ-STEGE LAUREL PARK
80
EASTSHORE
Miller-knox
Regional
Shoreline
PARKVIEW
MARINA BAY
POINT

RICHMOND
PANHAND

LE ANNEX
RICHMO

ND ANNEX
Richmond Inner Harbor
San
Francisco
Bay
SOUTHWE

ST ANNEX
0 1/41/21 Miles
El Cerrito Plz
ALBANY
470

PARTNERSHIPS
471

Page 1 of 2 ends

June 17, 2025
Public Works
DATE: June 17, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, Director of Public Works
Tawfic Halaby, Deputy Director of Public Works for
Operations & Maintenance
Carl Capistrano, Facilities Maintenance Superintendent
Subject: Resolution to Award a Contract to RK Roofing & Construction, Inc.

FINANCIAL IMPACT: Expenditures will be funded through the approved Fiscal Year 2025-26 through Fiscal Year 2027-28 Facilities
Maintenance Operating Budgets (Account String
01232331-400524).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The Facilities Maintenance Division is requesting the City Council adopt a resolution approving a three-year
contract, with two one-year extensions options, with RK Roofing and Construction, Inc., for Roof Waterproofing, Maintenance and Minor Repairs.

RECOMMENDED ACTION: ADOPT a resolution awarding a three-year contract to RK Roofing and Construction, Inc., for as-needed roof
waterproofing, maintenance, and minor repairs, for a
term beginning July 1, 2025, to June 30, 2028, in a notto-exceed amount of $450,000, with an option to extend the contract for two additional one-year terms in a not-toexceed amount of $150,000 each additional year – Public Works Department (Daniel Chavarria 510-620-
5478/Tawfic Halaby 510-620-548/Carl Capistrano 620-
6896).

AGENDA
REPORT
472

Page 2 of 2 ends

June 17, 2025
DISCUSSION:

The Public Works Department is responsible for maintaining the roofs of about 50 City buildings. City staff can perform small-scale maintenance on the roofs; however, many of these roofs are aging and in need of larger scale roof waterproofing, maintenance and minor repair activities that are beyond the capabilities of operations and maintenance staff.

To address this need and to ensure safety, preserve infrastructure, and prevent structural damage, the Public Works Department seeks to hire a qualified contractor to perform roof inspections, leak tests, waterproofing, maintenance and minor repairs on the various types of roofing systems and materials, including asphalt and coal tar buildup, modified bitumen, rubber, thermoplastic, metal including copper, slate, shingles, waterproofing coatings and membranes, and standing seams.

On March 18, 2025, the City issued a Request for Proposals (RFP) for Roof Waterproofing, Maintenance and Minor Repairs. The RFP was posted on the City’s BidsOnline platform and numerous prospective bidders were notified. When the bid period was closed on April 22, 2025, the City received one proposal, from RK Roofing and Construction, Inc. City staff reviewed the proposal and found it to be responsive to the RFP (Attachment 1).

City staff recommend awarding a three-year contract to RK Roofing and Construction, Inc., for as-needed roof waterproofing, maintenance, and minor repairs, for a term beginning July 1, 2025, to June 30, 2028, in a not-to-exceed amount of $450,000, with the option to extend the contract for two additional one-year terms in a not-to-exceed amount of $150,000 each additional year (Attachment 2 and 3).

DOCUMENTS ATTACHED:

Attachment 1 – Evaluation Forms
Attachment 2 – Resolution
Attachment 2 – Proposed Contract
473
474
475
476
Reso. No. XX-25

Page 1 of 3 ends

DocID #45272v1
RESOLUTION NO. __-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA, AWARDING A THREE-YEAR CONTRACT TO RK ROOFING AND CONSTRUCION, INC., FOR AS-NEEDED ROOF WATERPROOFING,
MAINTENANCE AND REPAIR, FOR A TERM BEGINNING JULY 1, 2025, TO JUNE 30, 2028, IN A NOT-TO-EXCEED AMOUNT OF $450,000, WITH THE OPTION TO EXTEND THE CONTRACT FOR TWO ADDITIONAL ONE-YEAR TERMS IN A NOTTO-EXCEED AMOUNT OF $150,000 EACH ADDITIONAL YEAR

WHEREAS, the City of Richmond is responsible for maintaining the roofs of about 50 City buildings that require ongoing roof waterproofing, maintenance and minor repairs to ensure safety, preserve infrastructure, and prevent structural damage; and WHEREAS, the City seeks to hire a qualified contractor to perform various tasks including large scale work beyond the capability of City staff and having a contract in place for roof waterproofing, maintenance and minor repairs will enable the City to respond promptly to urgent roofing needs and conduct routine preventive maintenance in a cost-effective and efficient manner; and
WHEREAS, on March 18, 2025, the City issued a Request for Proposals for Roof Waterproofing, Maintenance and Minor Repairs on the City’s BidsOnline platform and the bid period was closed on April 22, 2025; and
WHEREAS, the City received one bid, from RK Roofing and Construction, Inc., and staff reviewed the proposal and found it to be responsive to the Request for Proposals; and WHEREAS, staff recommends awarding a three-year contract to RK Roofing and Construction, Inc., for as-needed roof waterproofing, maintenance and minor repairs, for a term beginning July 1, 2025 to June 30, 2028, in a not-to-exceed amount of $450,000, with the option to extend the contract for two additional one-year terms in a not-to-exceed amount of $150,000 each additional year.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richmond awards a three-year contract to RK Roofing and Construction, Inc., for as-needed roof waterproofing, maintenance and minor repairs, for a term beginning July 1, 2025, to June 30, 2028, in a not-to-exceed amount of $450,000, with the option to extend the contract for two additional one-year terms in a not-to-exceed amount of $150,000 each additional year.

BE IT FURTHER RESOLVED that the City Council of the City of Richmond authorizes the City Manager to extend the contract for two optional one-year terms. *********************
477
Reso. No. XX-25

Page 2 of 3 ends

DocID #45272v1
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held June 17, 2025, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

City Attorney
State of California }
County of Contra Costa : ss.

City of Richmond }
I certify that the foregoing is a true copy of Resolution No. XX-25, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on June 17, 2025.

Pamela Christian, Clerk of the City of Richmond
478
Reso. No. XX-25

Page 3 of 3 ends

DocID #45272v1
CLERK’S

CERTIFICATE
I, Pamela Christian, City Clerk of the City of Richmond, do hereby certify as follows:

The foregoing resolution is a full, true and correct copy of Resolution No. XX-XX duly adopted at a regular meeting of the City Council of said City duly and regularly held at the regular meeting place thereof on the [X day of Month Year], of which meeting all the members of said City Council had due notice and at which a majority thereof were present; and that at said meeting said resolution was adopted by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

An agenda of said meeting was posted before said meeting at City Hall, 450 Civic Center Plaza in the City of Richmond, California, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.

I have carefully compared the foregoing with the original on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting.

Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect.

Dated: , 2024.

City Clerk of the City of Richmond
[SEAL]
479

CITY OF RICHMOND

STANDARD CONTRACT
Department: City Project Manager:

City Project Manager E-mail: City Project Manager Phone No:

Vendor No: Contract No:

Description of Services:

The parties to this STANDARD CONTRACT do mutually agree and promise as follows:

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

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No:
☐ A California corporation, ☐ limited liability corporation ☐ general partnership, ☐ limited partnership, ☐ individual, ☐ non-profit corporation, ☐ individual dba as [specify:] ____________________ ☐ other [specify:] _______________________________

2. Term. The effective date of this Contract is _______________________ and terminates _________________ unless terminated earlier as set forth herein.

3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $______________ (“Contract Payment Limit”) unless a Contract Amendment has been approved by the City Council or City Manager. If this amount includes a contingency, Contractor acknowledges that any use of such contingency shall be for work beyond the original scope of services and requires prior written authorization by the City. If noted below, Compensation for work done under this Contract, shall not exceed as follows:

FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________

4. Contractor’s Obligations. Contractor agrees to perform all work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, in accordance with the Service Plan set forth in Exhibit A, attached hereto and incorporated herein.

5. City Obligations. City shall make payments to the Contractor in accordance with the Payment Provisions set forth in Exhibit B, attached hereto and incorporated herein.

Public Works Darin Fitzpatrick [email protected] (510) 231-3044 Roof waterproofing, maintenance and minor repairs
RK Roofing and Construction, Inc. 249 Estudillo Avenue San Leandro, CA 94577 Kenneth Nwodeki (510) 902-7663 [email protected] July 1, 2025 June 30, 2028 450,000.00 480

6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C), attached hereto and incorporated herein.

7. General Conditions. This Contract is subject to the General Conditions (Exhibit D), which are attached hereto and incorporated herein.

8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any), which are attached hereto and incorporated herein.

9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F), which are attached hereto and incorporated herein.

10. Sanctuary City Compliance Statement. This Contract is subject to the Sanctuary City Compliance Statement (Exhibit G), which is attached hereto and incorporated herein.

11. Signatures. These signatures attest the parties' agreement hereto:

CITY OF RICHMOND,
a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board, President, or Vice President should sign below)
By: _________________________ By: ___________________________ Title: ________________________ Title: __________________________ Date Signed: _________________ Date Signed: ___________________ I hereby certify that this Contract (* The Corporation Chief Financial Officer or Assistant has been approved by City Council Treasurer, or Secretary or Assistant Secretary should or the City Manager. sign below)
By: _________________________ By: ___________________________ City Clerk Title: __________________________
Date Signed: ____________________
Approved as to form:
(NOTE: Pursuant to California Corporations Code Section By: _________________________ 313, if Contractor is a corporation or nonprofit organization, City Attorney this Contract (1) must be signed by (a) the Chairperson of the Board, President, or Vice-President and (b) the
Chief Financial Officer or Assistant Treasurer, or
Secretary or Assistant Secretary)
LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Sanctuary City Compliance Statement Exhibit G
RK Roofing and Construction, Inc.
481
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT A

SERVICE PLAN
Contractor shall, to the satisfaction of the Project Manager (set forth in Exhibit B), perform the following services and be compensated as outlined below [or attach service plan if necessary]:

RK Roofing and Construction, Inc.

See Attached Sheets
482
City of Richmond Public Works Department
Request for Proposal for Roof Waterproofing, Maintenance and Minor Repairs Bid Opening Date: April 22, 2025
RK Roofing & Construction
Hourly Billing Rates
Principal, $450/hour
Superintendent, $350/hour
Foreman, $325/hour
Journeyman Roofer, $300/hour
Clerical (overhead) are included in the above rates. Note that OSHA safety rules require two roofers to be present on a roof for ladder safety.

Pricing Matrix Attached
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Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT B

PAYMENT PROVISIONS

1. COMPENSATION TO CONTRACTOR:
a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.
b. All payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photocopying, meals and travel, etc.). Invoices shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request. c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.

2. SUBMISSION OF INVOICES:

Contractor shall submit timely invoices by email to
[email protected] and/or to the following address:

Attention: City of Richmond Finance/Account Payable
Project Manager: _______________________
P.O. Box 4046
Richmond, CA 94804

3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, _______________________, before payments shall be authorized.
a. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
b. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.

4. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized.

Darin Fitzpatrick Darin Fitzpatrick RK Roofing and Construction, Inc. 487
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. All required written notices shall be delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.

2. Each notice shall be deemed to have been received on the earlier to occur of:
actual delivery or the date on which delivery is refused; or three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).

3. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address.

4. All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Email: ________________________________________________

5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:

Attn:

Email: ________________________________________________ Darin Fitzpatrick [email protected] RK Roofing and Construction, Inc. RK Roofing and Construction, Inc. 249 Estudillo Avenue San Leandro, CA 94577 [email protected] 488
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

Contractor hereby declares that Contractor is engaged as an independent business and Contractor agrees to perform the services as an independent contractor.

The manner and means of conducting the services and tasks are under the control of Contractor except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment will be acquired by virtue of Contractor’s services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any compensation due to Contractor. Payments of the above items, if required, are the responsibility of Contractor.

2. TIME IS OF THE ESSENCE:

Contractor and the City agree that time is of the essence regarding the performance of this Contract.

3. STANDARD OF CARE:

Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals or service Contractors, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City.

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

Contractor assumes all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.

5. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, RK Roofing and Construction, Inc.
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disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.

6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic, or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City. b. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data. c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee. d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.

7. RECORDS:
a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”).
b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment.

RK Roofing and Construction, Inc.
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c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.

8. PERMITS AND LICENSES:

Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses, including a City business license, required in connection with the performance of the services and tasks hereunder.

The failure to obtain such permits and licenses shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.

9. TERMINATION:
a. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder immediately upon transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.
b. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Exhibit B; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

10. CONFLICT OF INTEREST:

Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under RK Roofing and Construction, Inc.
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this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

11. HOLD HARMLESS:
a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract. b. This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8).

12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:
a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
b. Contractor shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer.

The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for RK Roofing and Construction, Inc.
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Contract No: ________ For the Contract between the City of Richmond and
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money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent. c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or jointventure or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add subcontractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.
f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”
g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.

13. SAFETY:
a. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and tasks under this Contract.

Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable RK Roofing and Construction, Inc.
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federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.

Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.

14. INSURANCE:

Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.

15. COMPLIANCE WITH ALL APPLICABLE LAWS:
a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50,

2.52, 2.56, and 2.60, if applicable.
b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance as prescribed in § 2.60.070 of the Municipal Code.

RK Roofing and Construction, Inc.
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c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor. d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies.

Contractor agrees to abide by the terms and conditions of said policies.

16. INTEGRATED CONTRACT:

The Recitals and exhibits are a material part of this Contract and are expressly incorporated herein. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Contract will be effective only by written execution signed by both the City and Contractor.

17. CONFLICTING PROVISIONS:

In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Condition as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.

18. FORCE MAJEURE:

Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.

19. CONFLICT OF LAW:

This Contract shall be interpreted under, and enforced by the laws of the State of RK Roofing and Construction, Inc.
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California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.

20. CLAIMS:

Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.

21. INTERPRETATION:

This Contract shall be interpreted as if drafted by both parties.

22. WARRANTY:

If any product is be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.

23. SEVERABILITY:

In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

24. AUTHORITY:

City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor, RK Roofing and Construction, Inc.
496
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.

25. WAIVER:

The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach. Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payment therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.

26. COUNTERPARTS:

This Contract may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G.

RK Roofing and Construction, Inc.
497
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):

RK Roofing and Construction, Inc.

NONE
498
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT F

INSURANCE PROVISIONS
☐ CHECK HERE IF RISK MANAGEMENT HAS APPROVED WAIVING INSURANCE REQUIREMENTS FOR THIS CONTRACT.

1. CERTIFICATES: Before the commencement of the terms of this Contract, and during the entire term of this Contract and any extension or modification thereof, Contractor shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with coverage requirements set forth by the City and incorporated herein.

Such certificates, which do not limit Contractor’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Richmond.

Attention: Risk Manager.”
Contractor shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Contractor shall deliver updated insurance certificates to the City at the address set forth in Exhibit C prior to the expiration of the existing insurance certificate for the duration of the term of Contract.

Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.

2. COVERAGE REQUIREMENTS: The City’s insurance requirements depend upon the type of service being provided and/or the provider. The City’s insurance requirements will fall into one of the following categories (unless otherwise provided by the City):

Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
RK Roofing and Construction, Inc.
499
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.

3. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor’s name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.

4. SUFFICIENCY OF INSURANCE: The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater.

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
RK Roofing and Construction, Inc.
500
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT G

SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”).

Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.

By executing this statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Printed Name: Title:

Signed: Date:

Business Entity:

RK Roofing and Construction, Inc.
501

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June 17, 2025
Public Works
DATE: June 17, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, PE, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works / City Engineer
Hillal Hamdan, PE, Senior Civil Engineer
Subject: Resolution Approving On-Call Contracts with GHD, Kimley-Horn, Fehr & Peers, W-Trans for Transportation
Design Services
FINANCIAL IMPACT: The proposed on-call contracts authorize a maximum not-to-exceed amount of $1,000,000 per firm per year
over a three-year term, with two optional one-year
extensions. Funding for services performed under these
contracts will be provided from existing or budgeted
Capital Improvement Program (CIP) accounts and will be
encumbered at the time of individual Work
Authorizations. No funds are being appropriated as part of this action; all expenditures are subject to budget
availability and project-specific needs.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The City Council is being asked to consider approving
on-call contracts for transportation design services to four consulting firms for a total not-to-exceed amount of
$1,000,000 per firm over a three-year term, with two
optional one-year extensions, to support the timely
delivery of Capital Improvement Projects.

RECOMMENDED ACTION: ADOPT a resolution awarding on-call contracts for transportation design services on an as-needed basis to four consultants—GHD, Kimley-Horn & Associates, Fehr
& Peers, and W-Trans—for an amount not to exceed
$1,000,000 per firm per year, for a three-year term
AGENDA
REPORT
502

Page 2 of 3 ends

June 17, 2025
beginning June 1, 2025, through June 30, 2028, with two optional one-year extensions – Public Works
Department (Hillal Hamdan 510-621-1612 / Robert
Armijo 510-620-5477)

DISCUSSION
The City of Richmond continues to experience a growing number of Capital Improvement Program (CIP) projects aimed at improving transportation infrastructure, including roadway rehabilitation, pedestrian and bicycle improvements, signal upgrades, traffic calming, and intersection modifications. Transportation engineers play a key role in delivering these projects, providing design expertise related to traffic operations, roadway geometry, signing and striping, signal timing, and multimodal safety enhancements. Their services are essential for preparing plans, specifications, and estimates (PS&E); conducting technical analyses; and ensuring projects are designed in accordance with state and federal standards.

To meet this ongoing and variable workload, the Public Works Department seeks to maintain a pool of qualified transportation engineering consultants available on an oncall basis. This approach is commonly used by public agencies to reduce procurement delays, control costs, and ensure timely access to specialized expertise across multiple overlapping projects. To support this strategy, City staff issued a Request for Proposals (RFP) on February 14, 2025, seeking qualified firms to provide on-call transportation design services.

In response to the RFP, the City received 14 proposals from qualified engineering firms (Attachment 1). A panel of Public Works staff with relevant technical expertise reviewed and scored the proposals based on experience with similar projects, understanding of the scope of services, and the ability to meet project deadlines and budgets. Four firms emerged as the top-ranked consultants:

Consulting
Firms
Rater
1 Rater
2 Rater
3 Average
Fehrs & Peers 95 87 94 92
W-Trans 89 86 88 88
Kimley-Horn and
associates 86 88 87 87
GHD 87 89 85 87
Each of these firms has prior experience working with the City and has demonstrated the capacity to support the anticipated workload over the contract term. Establishing a pool of pre-qualified consultants allows the City to respond more efficiently to workload demands, avoid the delay of individual procurements, and reduce administrative costs. 503

Page 3 of 3 ends

June 17, 2025
City Staff recommends that the City Council adopt a resolution awarding three-year oncall contracts to the four selected firms—GHD, Kimley-Horn & Associates, Fehr & Peers, and W-Trans—in an amount not to exceed $1,000,000 per firm, with two optional one-year extensions (Attachment 2). Work Authorizations will be issued on a taskspecific basis, and funds will be encumbered at the time of each assignment. This structure provides flexibility and ensures that qualified consultants are available to meet project needs as they arise.

DOCUMENTS ATTACHED:

Attachment 1 – Bid Summary Report
Attachment 2 – Resolution
Attachment 3 – Standard Contract – GHD
Attachment 4 – Standard Contract – Kimley-Horn & Associates Attachment 5 – Standard Contract – Fehr & Peers
Attachment 6 – Standard Contract – W-Trans
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City of Richmond
(RFQ) FOR ON-CALL TRANSPORTATION ENGINEERING SERVICES, bidding on 03/14/2025 5:00 PM (PDT)

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Richmond City CouncilJune 17, 2025

Richmond City Council
June 17, 2025