Attachment 1 - MES (Firefighter SCBA) Piggyback Justification Form.pdf

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 P rice 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

AMENDMENT TO MASTER PRICE AGREEMENT

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

ATTACHMENT A

to Master Price Agreement by and between VENDOR and PURCHASER.

PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES

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 P rice 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
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
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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
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Signature
Timestamp
Seth Cosans
[email protected]
Contract Adminastrator
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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
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Kris Bordnick
[email protected]
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Sent: 8/14/2020 11:02:39 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign

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Status
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Marshall Stiles
[email protected]
Brand Acquisition Manager
NPP
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Sent: 8/14/2020 11:02:40 AM
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Electronic Record and Signature Disclosure

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Electronic Record and Signature Disclosure created on: 3/10/2016 2:06:46 PM Parties agreed to: Seth Cosans, Mike Cully
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Second Amendment to FIRE FIGHTER SELF CONTAINED

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 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

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 (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

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
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Signed using mobile
Sent: 12/14/2020 7:52:20 PM
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Accepted: 12/14/2020 8:17:16 PM
ID: cf7ea0b8-8f99-4ff1-8dfb-cea67911179f
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Kris Bordnick
[email protected]
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Sent: 12/14/2020 8:17:31 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign

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12/14/2020 3:39:40 PM
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Electronic Record and Signature Disclosure

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

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

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..

By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO E LECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and

• I can print on paper the disclosure or save or sen d the disclosure to a place where I can print it, for future reference and access; and

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 P rice 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

AMENDMENT TO MASTER PRICE AGREEMENT

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

ATTACHMENT A

to Master Price Agreement by and between VENDOR and PURCHASER.

PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES

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

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

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.

2. Full Force and Effect . In each and every other respect, the terms of the Master P rice 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 P rice 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:

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

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 11 th, 2020.

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

The RFP closed on January 24
th, 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

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

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

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

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 st ates (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.

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 catalo g 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

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 a nd 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 Propos er’s products and services. Successful Proposers servicing the awarded contract to Participating

Agencies shall pay a Contract Administration Fee representing 2% percent of actual net sales under the Master Price Agreement as established in the NPPGov Vendor Administration Agreement (available upon request). Administration fee may not be listed or charged as a separate line item to users of the contract. The value of trade-ins or rebates shall not affect the amount of the administration fee paid to NPPGov.

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

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 nationwid e 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

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 ne ed 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 sti pulated

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 endorse ments, and such receipt shall not relieve Proposer(s) from, or be deemed a waiver of the LOC ’s right to insist on strict fulfillment of Proposer(s)’s obligations under this RFP.

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

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

3.3.3 Commercial, automobile and workers’ compensation insurance.

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

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

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

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

4.0 SCHEDULE, RESPONSE PREPARATION AND SUBMISSION

4.1 SCHEDULE OF EVENTS

4.1.1 Publication of Request for Proposal

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

Solicitation Notice Publication: 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

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)

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

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 C ommittee.

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

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

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

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

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

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

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

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

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

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

5.2.2 The LOC reserves the right to:

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

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

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

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

5.3 PROTEST PROCESS

A prospective Proposer may protest the procurement process of the Solicitation for an Agreement solicited under ORS 279B. Before seeking judicial review, a prospective Propose r 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 Contr act, if the conditions set forth in ORS 279B.410 are satisfied. Judicial review of the protest and the LOC ’s decision shall be governed by ORS 279B.415.

5.4 NON-ASSIGNMENT

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

5.5 POST AWARD MEETING:

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

5.6 PROPOSAL FINAL CERTIFICATION
The Proposer must certify the following:

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

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

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

ATTACHMENT A

INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT

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

ATTACHMENT B

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

1.0 GENERAL QUESTIONS:

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

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

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

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

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

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

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

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

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

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

2.0 ABOUT PROPOSER:

2.1 State of incorporation:

2.2 Federal Tax Identification Number:

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

2.4 Describe Proposer’s system for processing orders from point of customer contact through delivery and 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?

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 t he

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]

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]

7.0 DELIVERY AND FREIGHT CHARGES:

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

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

8.0 VENDOR TERMS AND CONDITIONS.

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

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

9.0 WARRANTY INFOMATION:

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

Exhibit 1

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

RHODE ISLAND

SOUTH CAROLINA

SOUTH DAKOTA

TENNESSEE
TEXAS
UTAH

VERMONT

VIRGINIA

WASHINGTON

WEST VIRGINIA

WISCONSIN

WYOMING

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

Exhibit 2

Declaration of Non-Collusion

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

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

DATED this ______ day of _____________, _______.

(Name of Firm)

By:
(Authorized Signature)

Title:

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 CLOSED- CIRCUIT 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

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.

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.

ATTACHMENT E

PROPOSAL EVALUATION FORM

Proposals will be evaluated using a two-step process.

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

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

STEP 1
Proposal Responsiveness

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

Completed Proposer Profile Workbook
(PPW)

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

Categorized as Local, Regional or
National
Local Regional National

Proposal Evaluation Form

STEP 2
Full Evaluation of Proposal

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

Component Evaluated

Weight

Possible
Points
(1-5)

Total
Points
(Weight
x PP)

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

Shipping conditions.

PPW Section 7.0 and Pricing
structure.

25 Comments:

Product Line (Score only
categories proposed):

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

PPW Section 9.0.

15 Comments:

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

Willingness to allow
training of salesforce.

PPW Section 4.0.

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

Additional services offered.

Conduct e-commerce.

PPW Sub-Sections 2.3 & 2.4
and Section 6.0.

15 Comments:

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

Years in business,
references and reputation.

Experience with cooperative
purchasing.

PPW Sub-Section 1.2.

15 Comments:

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

PPW Section 3.0 and Exhibit 1.

10 Comments:

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

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

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

PPW Section 8.0 and 4.5 of
RFP.

5 Comments:

TOTAL

100
General Comments:

Name of Evaluator _________________________

Signature _________________________________

Date _________________

ATTACHMENT F

OREGON REVISED STATUTES (AS MAY BE AMENDED) REQUIREMENTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ATTACHMENT G

WIPHE RESPONSE FORM

THIS FORM MUST BE RETURNED WITH SOLICITATION RESPONSE

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

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

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

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

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

Washington Institutions of Public Higher Education (WIPHE)

FOUR-YEAR UNIVERSITIES

CENTRAL WASHINGTON UNIVERSITY

EASTERN WASHINGTON UNIVERSITY

THE EVERGREEN STATE COLLEGE

UNIVERSITY OF WASHINGTON

WASHINGTON STATE UNIVERSITY

WESTERN WASHINGTON UNIVERSITY

COMMUNITY AND TECHNICAL COLLEGES:

BATES TECHNICAL COLLEGE

BELLEVUE COMMUNITY COLLEGE

BELLINGHAM TECHNICAL COLLEGE

BIG BEND COMMUNITY COLLEGE

CASCADE COMMUNITY COLLEGE

CASCADIA COLLEGE

CENTRALIA COLLEGE

CLARK COLLEGE

CLOVER PARK TECHNICAL COLLEGE

COLUMBIA BASIN COLLEGE

EDMONDS COMMUNITY COLLEGE

EVERETT COMMUNITY COLLEGE

GRAYS HARBOR COLLEGE

GREEN RIVER COMMUNITY COLLEGE

HIGHLINE COMMUNITY COLLEGE

LAKE WASHINGTON TECHNICAL COLLEGE

LOWER COLUMBIA COLLEGE

OLYMPIC COLLEGE

PENINSULA COLLEGE

PIERCE COLLEGE

RENTON TECHNICAL COLLEGE

SEATTLE CENTRAL COMMUNITY COLLEGES

SHORELINE COMMUNITY COLLEGE

SKAGIT VALLEY COLLEGE

SOUTH PUGET SOUND COMMUNITY COLLEGE

SPOKANE COMMUNITY COLLEGES

STATE BOARD FOR TECHNICAL & COMMUNITY

COLLEGES

WENATCHEE VALLEY COLLEGE

YAKIMA VALLEY COMMUNITY COLLEGE

WHATCOM COMMUNITY COLLEGE

Miscellaneous local agencies within Washington State*

ADAMS COUNTY
PUYALLUP SCHOOL DIST 3

KITSAP COUNTY
FIFE SCHOOL DIST 417
RIVERVIEW SCHOOL DIST 407

GONZAGA UNIVERSITY

PLANNED PARENTHOOD OF WESTERN

WASHINGTON

SNOHOMISH COUNTY

MASON COUNTY

FEDERAL WAY SCHOOL DIST

SPOKANE COUNTY
ISSAQUAH SCHOOL DIST 411

ADAMS COUNTY FIRE DISTRICT

ADAMS COUNTY HEALTH DISTRICT

AFFILIATED HEALTH SERVICES

ALDERWOOD WATER DISTRICT

ANACORTES PORT OF
ANACORTES SCHOOL DISTRICT 103

ANNAPOLIS WATER DISTRICT

ASOTIN COUNTY
AUBURN SCHOOL DISTRICT 408
BAINBRIDGE IS SCHOOL DISTRICT 303

BAINBRIDGE ISLAND FIRE DEPARTMENT

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

BELLINGHAM PORT OF
BELLINGHAM SCHOOL DISTRICT 501

BENTON COUNTY

BENTON COUNTY FIRE DISTRICT

BENTON COUNTY PUD

BENTON FRANKLIN COUNTY

BENTON FRANKLIN PRIVTE INDUST CNCL

BENTON PORT OF
BETHEL SCHOOL DISTRICT 403

BIG BROTHERS BIG SISTERS OF KING CO

BIRCH BAY WATER & SEWER DISTRICT

BLANCHET SCHOOL DISTRICT

BREMERTON KITSAP CO HEALTH DISTRICT

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

CANCER RESEARCH AND BOISTATISTICS

CASCADE BLUE MT FD SHR

CASCADE IRRIGATION DISTRICT
CASHMERE SCHOOL DISTRICT 222

CATHOLIC COMM SVCS OF KING CO
CENTRAL KITSAP SCHOOL DISTRICT 401

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

CHELAN COUNTY

CHELAN COUNTY COMMUNITY HOSPITAL

CHELAN COUNTY FIRE DISTRICT
CHELAN COUNTY PUD 1

CHELAN DOUGLAS COUNTY HEALTH DIST

CHENEY CARE CENTER

CHILD CARE RESOURCE & REFERRAL

CHILDRENS THERAPY CENTER
CHIMACUM SCHOOL DISTRICT 49

CLALLAM COUNTY

CLALLAM COUNTY FIRE DISTRICT

CLALLAM COUNTY HOSPITAL DISTRICT

CLALLAM COUNTY PUD

CLARK COUNTY

CLARK COUNTY FIRE DISTRICT

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

CNTRL WHIDBEY FIRE & RESCUE

COAL CREEK UTILITY DISTRICT

COALITION AGAINST DOMESTIC VIOLENCE

COLUMBIA COUNTY

COLUMBIA IRRIGATION DISTRICT

COLUMBIA MOSQUITO CONTROL DISTRICT

COMMUNITY CHRISTIAN ACADEMY

COMMUNITY PSYCHIATRIC CLINIC

COMMUNITY TRANSIT

CONFEDERATED TRIBES OF CHEHALIS

CONSOLIDATED DIKING IMPROVEMENT DIST

CONSOLIDATED IRRIGATION

COWLITZ COUNTY

COWLITZ COUNTY FIRE DISTRICT

COWLITZ COUNTY PUD

CROSS VALLEY WATER DISTRICT
DAYTON SCHOOL DISTRICT 2

DOUGLAS COUNTY

DOUGLAS COUNTY FIRE DISTRICT

DOUGLAS COUNTY PUD

DRUG ABUSE PREVENTION CENTER

E COLUMBIA BASIN IRRIGATION DIST

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

ENUMCLAW SCHOOL DIST

EVERETT PORT OF

EVERETT PUBLICE FACILITIES DIST

EVERGREEN MANOR INC
EVERGREEN SCHOOL DIST 114

FEDERAL WAY FD

FERRY COUNTY

FERRY COUNTY PUBLIC HOSPITAL

FERRY OKAHOGAN FPD

FOSS WATERWAY DEVELOPMENT AUTHORITY

FRANKLIN COUNTY

FRANKLIN COUNTY PUD

FRANKLIN PIERCE SCHOOL DIST 402

FRIDAY HARBOR PORT OF
GARDENA FARMS IRRIGATION DIST 13

GARFIELD COUNTY

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

GRANT COUNTY

GRANT COUNTY HEALTH DIST

GRANT COUNTY PUD

GRAYS HARBOR COUNTY

GRAYS HARBOR COUNTY FIRE DIST
GRAYS HARBOR COUNTY PUD # 1

GRAYS HARBOR PORT OF

GRAYS HARBOR PUB DEV AUTH

GRAYS HARBOR TRANSIT
GRIFFIN SCHOOL DIST 324

HARBORVIEW MEDICAL CENTER

HAZEL DELL SEWER DIST

HEALTHY MOTHERS HEALTHY BABIES COAL
HIGHLINE SCHOOL DIST 401

HIGHLINE WATER DIST

HOMESIGHT

HOPELINK
HOQUIAM SCHOOL DIST 28

HOUSING AUTHORITY OF PORTLAND

ILWACO PORT OF
INCHELIUM SCHOOL DIST 70

ISLAND COUNTY

ISLAND COUNTY FIRE DIST

JEFFERSON COUNTY

JEFFERSON COUNTY FIRE DIST

JEFFERSON COUNTY LIBRARY

JEFFERSON COUNTY PUD

JEFFERSON GENERAL HOSPITAL

KARCHER CREEK SEWER DIST
KELSO SCHOOL DIST 458

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

KING COUNTY

KING COUNTY FIRE DIST

KING COUNTY HOUSING AUTHORITY

KING COUNTY LIBRARY

KING COUNTY WATER SEWER

KINGSTON PORT OF

KITSAP COUNTY FIRE & RESCUE

KITSAP COUNTY LIBRARY
KITSAP COUNTY PUD 1

KITTITAS COUNTY

KITTITAS COUNTY PUD

KITTITAS COUNTY RECLAMATION DIST

KLICKITAT COUNTY

KLICKITAT COUNTY PUD

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

LAKEHAVEN UTILITY DIST
LAKEWOOD SCHOOL DIST 306
LEWIS CO PUD 1

LEWIS COUNTY

LEWIS COUNTY FIRE DIST

LEWIS PUBLIC TRANSPORTATION

LIBERTY LAKE SEWER & WATER DIST

LINCOLN COUNTY

LINCOLN COUNTY FIRE DIST

LONGVIEW PORT OF
LONGVIEW SCHOOL DIST 122

LOTT WASTEWATER ALLIANCE

LUMMI INDIAN NATION

MANCHESTER WATER DIST
MARYSVILLE SCHOOL DIST 25

MASON COUNTY FIRE DIST

MASON COUNTY PUD
MEAD SCHOOL DIST 354

METRO PARK DISTRICT OF TACOMA

MID COLUMBIA LIBRARY

MIDWAY SEWER DISTRICT
MONROE SCHOOL DIST 103
MORTON SCHOOL DIST 214

MOSES LAKE PORT OF

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

MUKILTEO WATER DIST

NAVAL STATION EVERETT

NE TRI COUNTY HEALTH DIST

NORTH CENTRAL REGIONAL LIBRARY DIST
NORTH KITSAP SCHOOL DIST 400

NORTH SHORE UTILITY DISTRICT

NORTH THURSTON SCHOOL DISTRICT
NORTHSHORE SCHOOL DIST 417

NORTHWEST KIDNEY CTR

NORTHWEST WORK FORCE DEVELOPMENT CO

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

OKANOGAN COUNTY

OKANOGAN COUNTY FIRE DIST

OKANOGAN COUNTY PUD

OKANOGAN SCHOOL DISTRICT

OLYMPIA PORT OF
OLYMPIA SCHOOL DISTRICT 111

OLYMPIA THURSTON CHAMBER FOUNDATION

OLYMPIC AREA AGENCY ON AGING

OLYMPIC MEMORIAL HOSPITAL DIST

OLYMPIC REGION CLEAN AIR AGENCY

OLYMPIC VIEW WATER & SEWER DIST

OLYMPUS TERRACE SEWER DIST

PACIFIC COUNTY

PACIFIC COUNTY FIRE

PARATRANSIT SERVICES

PASCO SCHOOL DIST

PEND OREILLE COUNTY CONSERV DIST

PEND OREILLE COUNTY PUB HOSP DIST

PEND OREILLE COUNTY PUD
PENINSULA SCHOOL DISTRICT 401

PERRY TECHNICAL INSTITUTE

PIERCE COUNTY

PIERCE COUNTY FIRE DIST

PORT ANGELES PORT OF
PORT ANGELES SCHOOL DISTRICT 121

PRESCOTT SCHOOL DIST

PUGET SOUND CLEAN AIR AGENCY

PUGET SOUND SCHOOL DIST

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

S SNOHOMISH CO PUBLIC FAC DIST

SAFEPLACE

SAMISH WATER DIST

SAMMAMISH WATER AND SEWER DIST

SAN JUAN COUNTY

SAN JUAN COUNTY FIRE DIST

SEA MAR COMM HEALTH CTR

SEATTLE JEWISH PRIMARY SCHOOL

SEATTLE PORT OF
SEATTLE SCHOOL DIST 1

SEATTLE UNIVERSITY

SECOND AMENDMENT FOUNDATION

SECOND CHANCE INC

SENIOR OPPORTUNITY SERVICES
SHELTON SCHOOL DISTRICT 309

SILVERDALE WATER

SKAGIT COUNTY

SKAGIT COUNTY CONSERVATION DIST

SKAGIT COUNTY FIRE DIST

SKAGIT COUNTY ISLAND HOSPITAL

SKAGIT COUNTY PORT OF
SKAGIT COUNTY PUD 1

SKAGIT TRANSIT

SKAMANIA COUNTY

SKOOKUM INC

SNOHOMISH COUNTY LIBRARY

SNOHOMISH COUNTY PUD

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

SOOS CREEK WATER AND SEWER DIST

SOUND TRANSIT

SOUTH COLUMBIA BASIN IRRIG DIST

SOUTH EAST EFFECTIVE DEVELOPMENT

SOUTH SOUND MENTAL HEALTH SERVICES

SOUTHWEST YOUTH & FAMILY SERVICES

SPECIAL MOBILITY SERVICES INC

SPOKANE CO AIR POLLUTION CNTRL AUTHORITY

SPOKANE COUNTY FIRE DIST

SPOKANE COUNTY LIBRARY
SPOKANE SCHOOL DISTRICT 81

ST JOSEPH/MARQUETTE SCHOOL
STANWOOD SCHOOL DIST 410

STEVENS COUNTY

STEVENS COUNTY PUD

STILLAGUAMISH TRIBE OF INDIANS
SUMNER SCHOOL DISTRICT 320

SUNNYSIDE PORT OF
SUNNYSIDE SCHOOL DISTRICT 201

SUQUAMISH TRIBE

SW CLEAN AIR AGENCY

SWINOMISH TRIBE

TACOMA DAY CHILD CARE AND PRESCHOOL

TACOMA MUSICAL PLAYHOUSE

TACOMA PORT OF
TACOMA SCHOOL DISTRICT 10

TACOMA-PIERCE CO
TAHOMA SCHOOL DISTRICT 409

TERRACE HEIGHTS SEWER DISTRICT

THURSTON COMMUNITY TELEVISION

THURSTON COUNTY

THURSTON COUNTY CONSERVATION DIST

THURSTON COUNTY FIRE DISTRICT
TOPPENISH SCHOOL DISTRICT 202
TOUCHET SD 300

TRIUMPH TREATMENT SERVICES
TUKWILA SCHOOL DIST 406
TUMWATER SCHOOL DISTRICT 33

U S DEPARTMENT OF TRANSPORTATION

UNITED WAY OF KING COUNTY

UNIVERSITY PLACE SCHOOL DIST

UPPER SKAGIT INDIAN TRIBE

VAL VUE SEWER DISTRICT

VALLEY TRANSIT

VALLEY WATER DISTRICT

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

VERA IRRIGATION

VETERANS ADMINISTRATION

VOLUNTEERS OF AMERICA

WA ASSOC OF SCHOOL ADMINISTRATORS

WA ASSOC SHERIFFS & POLICE CHIEFS

WA GOVERNMENTAL ENTITY POOL

WA LABOR COUNCIL AFL-CIO

WA PUBLIC PORTS ASSOCIATION

WA RESEARCH COUNCIL

WA ST ASSOCIATION OF COUNTIES

WA STATE PUBLIC STADIUM AUTHORITY

WAHKIAKUM COUNTY

WALLA WALLA COLLEGE

WALLA WALLA COUNTY

WALLA WALLA COUNTY FIRE DISTRICT

WALLA WALLA PORT OF
WALLA WALLA SD 140

WASHINGTON ASSOCIATION

WASHINGTON COUNTIES RISK POOL

WASHINGTON FIRE COMMISSIONERS ASSOC

WASHINGTON HEALTH CARE ASSOCIATION

WASHINGTON PUBLIC AFFAIRS NETWORK

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

WESTERN FOUNDATION THE

WHATCOM CONSERVATION DIST

WHATCOM COUNTY

WHATCOM COUNTY FIRE DISTRICT

WHATCOM COUNTY RURAL LIBRARY DIST

WHIDBEY GENERAL HOSPITAL

WHITMAN COUNTY

WHITWORTH WATER

WILLAPA COUNSELING CENTER
WILLAPA VALLEY SCHOOL DISTRICT 160

WILLAPA VALLEY WATER DISTRICT
WINLOCK SCHOOL DISTRICT 232

WOODINVILLE FIRE & LIFE SAFETY DIST

WOODLAND PORT OF

YAKIMA COUNTY

YAKIMA COUNTY FIRE DISTRICT

YAKIMA COUNTY REGIONAL LIBRARY
YAKIMA SCHOOL DISTRICT 7

YAKIMA VALLEY FARMWORKERS CLINIC

YAKIMA-TIETON IRRIGATION DISTRICT

YELM COMMUNITY SCHOOL DISTRICT

YMCA - TACOMA PIERCE COUNTY

YMCA OF GREATER SEATTLE

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

ATTACHMENT H

LOCAL GOVERNMENT UNITS BY STATE

Oregon’s Incorporated Cities

ADAIR VILLAGE
ADAMS
ADRIAN
ALBANY
AMITY

ANTELOPE

ARLINGTON

ASHLAND

ASTORIA
ATHENA

AUMSVILLE
AURORA

BAKER CITY
BANDON
BANKS
BARLOW

BAY CITY

BEAVERTON
BEND

BOARDMAN

BONANZA

BROOKINGS

BROWNSVILLE
BURNS

BUTTE FALLS
CANBY

CANNON BEACH

CANYON CITY

CANYONVILLE

CARLTON

CASCADE LOCKS

CAVE JUNCTION

CENTRAL POINT

CHILOQUIN

CLATSKANIE
COBURG

COLUMBIA CITY
CONDON

COOSBAY

COQUILLE

CORNELIUS

CORVALLIS

COTTAGE GROVE
COVE

CRESWELL
CULVER
DALLAS

DAMASCAS
DAYTON

DAYVILLE

DEPOE BAY

DETROIT
DONALD
DRAIN
DUFUR
DUNDEE

DUNES CITY
DURHAM

EAGLE POINT
ECHO
ELGIN
ELKTON

ENTERPRISE

ESTACADA
EUGENE

FAIRVIEW

FALLS CITY

FLORENCE

FOREST GROVE
FOSSIL

GARBALDI
GASTON
GATES

GEARHART

GERVAIS

GLADSTONE

GLENDALE

GOLD BEACH

GOLD HILL

GRANITE

GRANTS PASS

GRASS VALLEY

GREENHORN

GRESHAM
HAINES

HALFWAY
HALSEY

HAPPY VALLEY

HARRISBURG
HELIX

HEPPNER

HERMISTON

HILLSBORO
HINES

HOOD RIVER

HUBBARD

HUNTINGTON
IDANHA
IMBLER

INDEPENDENCE
IONE

IRRIGON

ISLAND CITY

JACKSONVILLE

JEFFERSON

JOHN DAY

JOHNSON CITY

JORDAN VALLEY
JOSEPH

JUNCTION CITY
KEIZER

KING CITY

KLAMATH FALLS

LA GRANDE
LAPINE

LAFAYETTE

LAKE OSWEGO

LAKESIDE

LAKEVIEW

LEBANON

LEXINGTON

LINCOLN CITY

LONEROCK

LONG CREEK

LOSTINE
LOWELL
LYONS
MADRAS
MALIN

MANZANITA
MAUPIN

MAYWOOD PARK

MCMINNVILLE

MEDFORD

MERRILL

METOLIUS

MILLCITY

MILLERSBURG

MILTON-

FREEWATER

MILWAUKIE

MITCHELL

MOLALLA

MONMOUTH
MONROE

MONUMENT
MORO
MOSIER

MT ANGEL

MT VERNON

MYRTLE CREEK

MYRTLE POINT

NEHALEM

NEWBERG

NEWPORT

NORTH BEND

NORTH PLAINS

NORTH POWDER
NYSSA

OAKLAND

OAKRIDGE

ONTARIO

OREGON CITY

PAISLEY

PENDLETON

PHILOMATH

PHOENIX

PILOT ROCK

PORT ORFORD

PORTLAND
POWERS

PRAIRIE CITY

PRESCOTT

PRINEVILLE

RAINIER

REDMOND

REEDSPORT

RICHLAND
RIDDLE

RIVERGROVE

ROCKAWAY
BEACH

ROGUE RIVER

ROSEBURG
RUFUS
SALEM
SANDY

SCAPPOUSE
SCIO

SCOTT MILLS

SEASIDE
SENECA

SHADY COVE

SHANIKO

SHERIDAN

SHERWOOD
SILETZ

SILVERTON

SISTERS

SODAVILLE
SPRAY

SPRINGFIELD

ST HELENS

ST PAUL

STANFIELD

STAYTON

SUBLIMITY

SUMMERVILLE

SUMPTER

SUTHERLIN

SWEET HOME
TALENT

TANGENT

THE DALLES
TIGARD

TILLAMOOK
TOLEDO

TROUTDALE

TUALATIN
TURNER
UKIAH

UMATILLA
UNION
UNITY
VALE
VENETA

VERNONIA

WALDPORT

WALLOWA

WARRENTON
WASCO

WATERLOO

WESTLINN

WESTFIR
WESTON

WHEELER

WILLAMINA

WILSONVILLE

WINSTON

WOOD VILLAGE

WOODBURN

YACHATS

YAMHILL

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

Hawaii’s Counties

Hawaii Honolulu Kalawao Kaua’i Maui

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 entit ies (“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 include s 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 governmenta l 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 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 right s 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 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 e ffect 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 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 absol ute 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
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

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 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 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 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 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 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 non- procuring parties or unrelated purchasing parties harmless from any liability that may ar ise 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 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 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 non- performance 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 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 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
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 non-
warranty

SERVICE FOR FILLSTATIONS & COMPRESSORS MES
SCOTT
$120 per hour non-
warranty
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 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 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 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 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 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 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

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

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

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

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..

By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO E LECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and

• I can print on paper the disclosure or save or sen d the disclosure to a place where I can print it, for future reference and access; and

Richmond City CouncilJune 17, 2025

Richmond City Council
June 17, 2025