City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-01261 10/17/2023 Consent Item 7.
Increase - Cooperative Purchasing Agreement: Personal Protection File ID: 2023-01261
Location: Citywide
Recommendation: Pass a Motion: 1) approving the use of the Public Procurement Authority/National Purchasing Partners Rescue GPO (NPPGov FRGPO) cooperative purchase agreement for Personal Protective Equipment with LN Curtis (Contract No. PS20060) for an amount not to exceed $340,000 and 2) issuing the required purchase orders for the not-to-exceed amount through June 30, 2024.
Contact: Allison Narramore, Administrative Officer, (916) 808-8065, [email protected], Fire Department
Presenter: None
Attachments:
1-Description/Analysis
2-Intergovernmental Cooperative Purchasing Agreement
3-LN Curtis: Personal Protective Equipment (Contract No. PS20060) Description/Analysis
Issue Detail: The Fire Department has an ongoing need to purchase logistical-related supplies and services which includes the purchase of Personal Protection Equipment (PPE). The cooperative purchase agreement for Personal Protective Equipment with LN Curtis (Contract No. PS20060) for an amount not to exceed $260,000 was approved by the Council on June 20, 2023. After evaluating a variety of options, staff is recommending that the Council approve an additional $80,000 for a not-to -exceed amount of $340,000 to purchase required PPE from LN Curtis until June 30, 2024, through the cooperative purchase agreement with Public Procurement Authority/National Purchasing Partners Rescue GPO.
Policy Considerations: The recommendations in this report are in accordance with provisions of the
File ID: 2023-01261 10/17/2023 Consent Item 7.
City Code Section 3.56.240, which authorizes the City Manager, where advantageous to the City, to utilize cooperative purchasing agreements approved by the City Council to purchase supplies or nonprofessional services through legal contracts of other governmental jurisdictions or public agencies without separate competitive bidding by the City.
Economic Impacts: None.
Environmental Considerations: This report concerns administrative activities that do not constitute a “project” as defined by section 15378 of the California Environmental Quality Act (CEQA) Guidelines and is otherwise exempt pursuant to sections 15061(b)(3); 15378(b)(2).
Sustainability: None.
Commission/Committee Action: None.
Rationale for Recommendation: The Fire Department is required to provide staff with personal protective equipment/supplies throughout the fiscal year. After reviewing the available purchase options, the Fire Department has determined that using the cooperative purchase agreements NPPGov holds with LN Curtis represents the most advantageous purchasing strategy.
In an ongoing effort to maximize cost savings and staff resources, many government agencies share contracting efforts through cooperative purchasing. This procurement approach increases pricing competitiveness and lowers operating costs through buying in volume. When comparing the administrative costs of procurement; staff considers product research, source selection, specifications, advertising, staff reports, awarding, potential protest, and administration of the contract. Cooperative purchasing is more beneficial to eliminate additional time and resources spent on those administrative processes.
Financial Considerations: Sufficient funding has been identified in the Fire Department’s Fiscal Year (FY) 2023/24 operating budget to make purchases through June 30, 2024.
Cooperative Purchases:
Cooperative Purchases
Vendor Name Not to
Exceed
Amount
Cooperative Purchase
Agreement
Description
LN Curtis: Personal
Protective Equipment
(PPE)
$340,000 NPPGOV Contract No.
PS20060
Firefighter
Personal
Protective
Equipment (PPE)
TOTAL: $340,000
File ID: 2023-01261 10/17/2023 Consent Item 7.
Cooperative Purchases
Vendor Name Not to
Exceed
Amount
Cooperative Purchase
Agreement
Description
LN Curtis: Personal
Protective Equipment
(PPE)
$340,000 NPPGOV Contract No.
PS20060
Firefighter
Personal
Protective
Equipment (PPE)
TOTAL: $340,000
Local Business Enterprise (LBE): The City’s LBE program does not apply to cooperative purchasing agreements that result from another public agency’s competitive bid process.
League of Oregon Cities IGA V1.0
Intergovernmental Cooperative Purchasing AgreementThis Intergovernmental Agreement (Agreement) is by and between the “Lead Contracting Agency” and participating government entities (“Participating Agencies”), that are members of National Purchasing Partners (“NPPGov”), including members of Public Safety GPO, First Responder GPO, Law Enforcement GPO, Education GPO and EMS GPO that agree to the terms and conditions of this Agreement. The Lead Contracting Agency and all Participating Agencies shall be considered as “parties” to this agreement. WHEREAS, upon completion of a formal competitive solicitation and selection process, the Lead Contracting Agency has entered into Master Price Agreements with one or more Vendors to provide goods and services, often based on national sales volume projections; WHEREAS, NPPGov provides group purchasing, marketing and administrative support for governmental entities. NPPGov’s marketing and administrative services are free to its membership, which includes participating public entities and nonprofit institutions throughout North America. WHEREAS, NPPGov has instituted a cooperative purchasing program under which member Participating Agencies may reciprocally utilize competitively solicited Master Price Agreements awarded by the Lead Contracting Agency; WHEREAS, the Master Price Agreements provide that all qualified government members of NPPGov may purchase goods and services on the same terms, conditions and pricing as the Lead Contracting Agency, subject to applicable local and state laws of the Participating Agencies; WHEREAS, the parties agree to comply with the requirements of the Intergovernmental Cooperation Act as may be applicable to the local and state laws of the Participating Agencies; WHEREAS, the parties desire to conserve and leverage resources, and to improve the efficiency and economy of the procurement process while reducing solicitation and procurement costs; WHEREAS, the parties are authorized and eligible to contract with governmental bodies and Vendors to perform governmental functions and services, including the purchase of goods and services; and WHEREAS, the parties desire to contract with Vendors under the terms of the Master Price Agreements; League of Oregon Cities IGA V1.0
NOW, THEREFORE, the parties agree as follows: ARTICLE 1: LEGAL AUTHORITYEach party represents and warrants that it is eligible to participate in this Agreement because it is a local government created and operated to provide one or more governmental functions and possesses adequate legal authority to enter into this Agreement. ARTICLE 2: APPLICABLE LAWS The procurement of goods and services subject to this Agreement shall be conducted in accordance with and subject to the relevant statutes, ordinances, rules, and regulations that govern each party’s procurement policies. Competitive Solicitations are intended to meet the public contracting requirements of the Lead Contracting Agency and may not be appropriate under, or satisfy Participating Agencies’ procurement laws. It is the responsibility of each party to ensure it has met all applicable solicitation and procurement requirements. Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements. ARTICLE 3: USE OF BID, PROPOSAL OR PRICE AGREEMENT a. A “procuring party” is defined as the Lead Contracting Agency or any Participating Agency that desires to purchase from the Master Price Agreements awarded by the Lead Contracting Agency. b. Each procuring party shall be solely responsible for their own purchase of goods and services under this Agreement. A non-procuring party shall not be liable in any fashion for any violation of law or contract by a procuring party, and the procuring party shall hold non-procuring parties and all unrelated procuring parties harmless from any liability that may arise from action or inaction of the procuring party. c. The procuring party shall not use this agreement as a method for obtaining additional concessions or reduced prices for similar goods and services outside the scope of the Master Price Agreement. d. The exercise of any rights or remedies by the procuring party shall be the exclusive obligation of such procuring party. e. The cooperative use of bids, proposals or price agreements obtained by a party to this Agreement shall be in accordance with the terms and conditions of the bid, proposal or price agreement, except as modified where otherwise allowed or required by applicable law, and does not relieve the party of its other solicitation requirements under state law or local policies.
League of Oregon Cities IGA V1.0
ARTICLE 4: PAYMENT OBLIGATIONSThe 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 DATEThis Agreement shall take effect after execution of the “Lead Contracting AgencyEndorsement and Authorization” or “Participating Agency Endorsement and Authorization,” as applicable. ARTICLE 6: TERMINATION OF AGREEMENT This Agreement shall remain in effect until terminated by a party giving 30 days written notice to “Lead Contracting Agency”ARTICLE 7: ENTIRE AGREEMENT This Agreement and any attachments, as provided herein, constitute the complete Agreement between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. ARTICLE 8: CHANGES AND AMENDMENTS This Agreement may be amended only by a written amendment executed by all parties, except that any alterations, additions, or deletions of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation.ARTICLE 9: SEVERABILITYAll 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.
League of Oregon Cities IGA V1.0
LEAGUE OF OREGON CITIES ENDORSEMENT AND AUTHORIZATION The undersigned acknowledges, on behalf of the League of Oregon Cities (“Lead Contracting Agency”) that he/she has read and agrees to the general terms and conditions set forth in the enclosed Intergovernmental Cooperative Purchasing Agreement regulating use of the Master Price Agreements and purchase of goods and services that from time to time are made available by the League of Oregon Cities to Participating Agencies locally, regionally, and nationally through NPPGov. Copies of Master Price Agreements and any amendments thereto made available by the League of Oregon Cities will be provided to Participating Agencies and NPPGov to facilitate use by Participating Agencies. The undersigned understands that the purchase of goods and services under the provisions of the Intergovernmental Cooperative Purchasing Agreement is at the absolute discretion of the Participating Agencies. The undersigned affirms that he/she is an agent of the League of Oregon Cities and is duly authorized to sign this League of Oregon Cities Endorsement and Authorization. ________________________________________ Date:______________ BY: ITS: League of Oregon Cities Contact Information: Contact Person: Mike Culley Address: 1201 Court St NE #200, Salem, OR 97301 Telephone No.: 503-588-6550Email: [email protected]
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:_________________________________
Master Price Agreement
between
League of Oregon Cities and L.N. Curtis & Son
Contact Number PS20060
for
FIRE FIGHTER PERSONAL PROTECTIVE EQUIPMENT (PPE)
Effective March 26, 2020
Sixth Amendment to Master Price Agreement for FIRE FIGHTER PERSONAL PROTECTIVE EQUIPMENT (PPE) Product Addition This Amendment to the Master Price Agreement is entered into this 28th day of September 2022 by the sales and/or service of FIRE FIGHTER PERSONAL PROTECTIVE EQUIPMENT (PPE). RECITALS WHEREAS, Purchaser and Vendor entered into a Master Price Agreement numbered PS20060 on or about March 27, 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 July 15, 2021 and by this reference incorporated herein; and WHEREAS, Purchaser and Vendor entered into the Second Amendment to the Master Price Agreement on or about October 26, 2021 and by this reference incorporated herein; and WHEREAS, Purchaser and Vendor entered into the Third Amendment to the Master Price Agreement on or about December 15, 2021 and by this reference incorporated herein; and WHEREAS, Purchaser and Vendor entered into the Fourth Amendment to the Master Price Agreement on or about June 24, 2022 and by this reference incorporated herein; and WHEREAS, Purchaser and Vendor entered into the Fifth Amendment to the Master Price Agreement on or about July 15, 2022 and by this reference incorporated herein; and WHEREAS, Vendor desires to add a product to Attachment A as permitted under the terms of the Master Price Agreement; and WHEREAS, Vendor has provided notice, on or about September 27, 2022, to add product Circul-Air to PPE Category 09: Protective Garment and Equipment Laundry Machines found in Attachment A 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 addition. NOW, THEREFORE, Purchaser and Vendor enter into the following:
AMENDMENT TO MASTER PRICE AGREEMENT 1. Product Addition. Attachment A to the Master Price Agreement shall be amended in part to reflect the addition of the following product: ATTACHMENT A to Master Price Agreement by and between VENDOR and PURCHASER. PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES CURTIS LOC/NPPGov Firefighter Personal Protective Equipment Product Catalog Brand Product Description Discount Off List Contract Category Circul-Air Garment & Equipment Washing Machines 5% PPE Category 09. Protective Garment and Equipment Laundry Machines 3 2.Full Force and Effect. In each and every other respect, the terms of the Master Price Agreement, as amended, entered into between the parties on or about March 27, 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: L.N. CURTIS & SON _______________________________ Date _________________________ BY: ITS:
Certificate Of CompletionEnvelope Id: F8464B93AA824F3E9A68D926F7FE85B9 Status: CompletedSubject: Please DocuSign: Amendment 6 MPA 1915 Curtis FINAL.pdfSource Envelope: Document Pages: 3 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 0 Marshall StilesAutoNav: EnabledEnvelopeId Stamping: EnabledTime Zone: (UTC-08:00) Pacific Time (US & Canada)17930 International BoulevardSuite 900SeaTac, WA [email protected] Address: 66.212.64.166Record TrackingStatus: Original 9/28/2022 1:14:38 PMHolder: Marshall Stiles [email protected]: DocuSignSigner Events Signature TimestampNick [email protected], Special ProgramsSecurity Level: Email, Account Authentication (None) Signature Adoption: Pre-selected StyleUsing IP Address: 104.28.123.35Signed using mobileSent: 9/28/2022 1:29:40 PMViewed: 9/28/2022 1:41:49 PM Signed: 9/28/2022 1:42:04 PMElectronic Record and Signature Disclosure: Accepted: 2/28/2021 11:14:32 AM ID: d2de056e-6274-4ce9-9bf6-54087ad6e5a6Patty [email protected] Executive DirectorSecurity Level: Email, Account Authentication (None) Signature Adoption: Pre-selected StyleUsing IP Address: 65.152.168.162Sent: 9/29/2022 1:19:32 PMViewed: 9/29/2022 1:23:06 PM Signed: 9/29/2022 1:23:17 PMElectronic Record and Signature Disclosure: Accepted: 9/29/2022 1:23:06 PM ID: 2e376622-9a7d-4cd3-b62a-442f56cafb8dIn Person Signer Events Signature TimestampEditor Delivery Events Status TimestampAgent Delivery Events Status TimestampIntermediary Delivery Events Status TimestampCertified Delivery Events Status TimestampMarshall [email protected] AdministratorNPP & NPPGovSecurity Level: Email, Account Authentication (None) Using IP Address: 98.232.37.85Sent: 9/28/2022 1:42:05 PMViewed: 9/29/2022 1:19:32 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status TimestampAngela [email protected] of Customer ServiceSecurity Level: Email, Account Authentication (None) Sent: 9/28/2022 1:29:40 PMElectronic Record and Signature Disclosure: Not Offered via DocuSignWitness Events Signature TimestampNotary Events Signature TimestampEnvelope Summary Events Status TimestampsEnvelope Sent Hashed/Encrypted 9/28/2022 1:29:40 PMCertified Delivered Security Checked 9/29/2022 1:23:06 PMSigning Complete Security Checked 9/29/2022 1:23:17 PMCompleted Security Checked 9/29/2022 1:23:17 PMPayment Events Status TimestampsElectronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, National Purchasing Partners (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. 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