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HomeMy WebLinkAboutCity Council Meeting - Council - Regular Agenda - 01/18/2022 ^*4 KENT CITY COUNCIL AGENDA • Tuesday, January 18, 2022 KENT 7:00 PM W AS H ING TON Chambers Masks are required regardless of vaccination status. A live broadcast is available on Kent TV21, www.facebook.com/CityofKent, and www.youtube.com/user/KentTV21 To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID 839 0483 0791 Mayor Dana Ralph Council President Bill Boyce Councilmember Brenda Fincher Councilmember Zandria Michaud Councilmember Satwinder Kaur Councilmember Toni Troutner Councilmember Marli Larimer Councilmember Les Thomas ************************************************************** COUNCIL MEETING AGENDA - 7 P.M. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. PUBLIC COMMUNICATIONS A. Public Recognition i. Recognition of Adopt-A-Street/Spot Program Volunteers ii. Torklift Central Annual Turkey Challenge Awards B. Community Events C. Public Safety Report S. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report B. Chief Administrative Officer's Report City Council Meeting City Council Regular Meeting January 18, 2022 C. Councilmembers' Reports 6. PUBLIC HEARING 7. PUBLIC COMMENT The Public Comment period is your opportunity to speak to the Council and Mayor on issues that relate to the business of the city of Kent or to agenda items Council will consider at this meeting. Comments that do not relate to the business of the city of Kent are not permitted. Additionally, the state of Washington prohibits people from using this Public Comment period to support or oppose a ballot measure or candidate for office. If you wish to provide comment to the Mayor and Council at this meeting, please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or CityClerkCcDKentWA.aov. If you intend to speak in person, please see the Clerk at the beginning of the meeting to sign up. When called to speak during the meeting, please state your name and city of residence for the record. You will have up to three minutes to provide comment. Please address all comments to the Mayor and Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. Alternatively, you may email the Mayor and Council at MayorCDKentWA.Qoy and CityCounci1(@KentWA.go. Emails are not read into the record. 8. CONSENT CALENDAR A. Payment of Bills - Authorize B. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Jan 4, 2022 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Jan 4, 2022 7:00 PM C. Curtis Blue Line Law Enforcement Equipment Purchases - Authorize D. Safariland, LLC - Law Enforcement Equipment Purchases - Authorize E. Lunar Lander/Mission Control Contract for Kherson Park - Authorize F. Riverbend Golf Complex - Golf Cart Use Agreement and Financing Lease Agreements - Authorize G. Downey Farmstead Side Channel Restoration Washington Department of Ecology Shorelands Floodplains by Design Grant Agreement - Authorize H. Accept the James Street Improvements Watermain and Landscaping - Woodford Avenue North to 102nd Avenue South Project as Complete - Authorize 9. OTHER BUSINESS 10. BIDS 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT City Council Meeting City Council Regular Meeting January 18, 2022 NOTE:A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253-856-5725. For TDD relay service, call the Washington Telecommunications Relay Service 7-1-1. 5.B ri departmentthe reKio CA P0 of highl ghts January • lead the creation and implementation of ADMINISTRATION the Race & Equity Strategic Plan. Administration Uriel and Maria will be working with the U Jewish Federation of Greater Seattle, to ; • Our council retreat facilitator has bring resources and information to the city interviewed councilmembers and the mayor regarding the history and effects of anti- E individually and prepared a first draft o agenda. The next steps are to finalize the Semitism around the world and in our y country. agenda, share it with councilmembers, and The Co-designing phase of the strategic a work with department directors on plan will begin on January 19 of this year. presentations and packet materials. A group of community stakeholders will • We continue to monitor federal court action V_ regarding vaccine mandates. We continue work collaboratively with our internal Race 0 to expect there will be a mandate at some & Equity Core team to decide on actionable steps the city will take to meet our equity ) point from a higher level(s) of government goals. that applies to city employees. The rapid rise in Covid-19 cases in our community ECONOMIC AND COMMUNITYo makes today an excellent time to get the DEVELOPMENT > vaccine if you've been on the fence about 2- it. Rental Housing Inspection Program Communications RHIP concluded 2021 with continued progress • We are still on track for the website refresh on important health and safety repairs in a launch on January 24. apartment, duplex, triplex and 4-plex rental • We are planning for three "Coffee & units city-wide. All such properties in north U Conversation with the Mayor" events in the East Hill from the 2019 inspection year have ii upcoming weeks, dates and times TBA. been inspected and four properties are • Dining with Derek was postponed to later finalizing needed repairs. All but one property this month and is now scheduled for in West Hill/Valley (2020) have been inspected S.- January 25 at noon. and 11 remaining properties are working E • The Mayor's State of the City address is in through repairs. Fifty-six percent of south East o planning stages, stay tuned for a date and Hill properties (2021) have been inspected so details soon. far. This sector is twice the size of the other Race and Equity sectors and 2022 will focus on bringing the • We are excited to welcome Maria Tizoc, our remaining properties into compliance. Many new Race & Equity Coordinator. Maria has landlords are dealing with labor and supply been a part of the communications team at shortages impacting necessary repairs, so the city for the last year and a half. She led staff continues to authorize extensions planning and implementation of the latest provided incremental progress is shown. Kent 101 resident cohort. Maria will help Economic Development Page 1 of 9 Packet Pg. 4 5.B • ECD attended the annual Kent state of the within your department for any outstanding Kent Chamber which was held in a virtual, invoices. remote setting during the first week in We are finalizing review of W-2's and you January. will see the electronic copy available soon • ECD continues to engage with non-profit with the mailed copies to follow by the STEaM education partners as they develop January 31 deadline. We'd like to their business plans for expansion in Kent. encourage everyone to consider electronic • ECD met with a new counterpart at PSE to copies only to safeguard your information talk about future business growth and and promote efficiency as well as cost demands in the Kent Valley. savings for the City. • ECD is reviewing US Treasury's final rule On January 6 the US Treasury released the on ARPA eligibility and expenditure rules much-anticipated final rule governing before planning programs, projects, and spending guidelines for the American initiatives authorized by Council. Rescue Plan Fiscal Recovery Funds Program 0 Development Engineering (ARPA). In May 2021, Treasury published = • DE staff is reviewing eight separate civil the Interim final rule (151 pages) construction permits for the new King describing eligible and ineligible uses of ; County Metro Rapid Ride I-Line route. funds (as well as other program 0 • DE staff is reviewing several small cell provisions). The final rule (437 pages) is E permits and working with the purveyors on intended to provide broader flexibility and ,° the feasibility of additional locations. greater simplicity in the program, • DE Staff is working with WSDOT on the responsive to feedback during the a coordination and review of the SR-509 comment process. The Financial Planning project which will connect with Veterans Division is in the process of going through Drive and Kent-Des Moines Road at I-5. all of the new information. 0 a • In addition to permit review fees, Development Engineering reviewed permits N L that generated the following impact fees Benefits and system development charges in 2021: • Updated COVID protocols and continuing o o Transportation impact fees - $2,310,929.31 contact tracing > o Stormwater/drainage system Labor N development charges - $3,184,796.15 • Preparing EEO-4 report for submission T) o Water system development charges - • The first McLean supervisor training begins E $2,269,538.74 on January 13 a Permit Center • Three new hires for January 18: Leah a Bryant (Accounting Technician in Parks), • Total applications received: 5,112 Daniel Joss Police Officer and Taylor Ford U • Total permits issued: 4,319 ( )� y ii o Minor permits (online): 1,595 (Maintenance Worker 2 in PW) � o Major permits: 2,724 • Actively recruiting for over 40 positions •� • Total unpaid applications: 233 - (PC- (benefitted and temporary) , NOTIFIED, but not been paid for, or Beginning the work with Police to E picked-up). create/revise their performance evaluations 0 in Workday • Significant system testing in support of the temporary hiring project for Parks/PW • The General Ledger, Accounts Payable and Labor/Class & Comp Payroll Teams are working hard on year- • AFSCME labor management meeting end tasks. • Continuing work related to KPOA • All 2021 invoices are due no later than negotiations noon on January 18, 2022 with completed Meeting with Teamsters "acting" business receiving. Now is a good time to reach out representative to talk about multiple Page 2 of 9 Packet Pg. 5 5.B personnel issues; Teamsters currently EGIS participating in citywide software seeking to replace the business implementations and providing GIS support representative who voluntarily left their organization • Meeting with Legal to discuss CDL issue • Re-class discussion with employee Assisted in drafting an ordinance updating • Non-Represented Employee Classification chapter 9.38 of the Kent City Code to and Compensation RFP closed on restrict parking on Green River Road. 12/31/21; we are reviewing the five Drafted, reviewed, and revised a number of proposals we received. documents concerning the lease of new golf carts at the Riverbend Golf Complex for a four-year term. • Assisted HR and Parks in reviewing and Information Technology Projects revising board bylaws to implement • Corrections camera upgrade - replace the Ordinance No. 4406 adopted by Council in jail's internal analog cameras and migrate July of 2021. to the digital capture, storage and • Assisted the Clerk's Office in preparing the retention of the OnSSI system, which will agenda for the City Council meetings. o then be integrated with the Jail Controller • Assisted the HR Department in a number of L) and intercom. sensitive employment and labor related o • CUES - CCTV (pipe camera) GraniteNet matters. y upgrade - to upgrade and enhance the Assisted City departments in reviewing and c capabilities and functionality of the CUES negotiating contract terms on a number of GraniteXP software platform to GraniteNet. contracts related to construction,By upgrading this software platform, the technological, and development projects. o City will be able to fully integrate the CUEs Assisted outside counsel on a number of and Cityworks software, configure and cases currently in litigation by coordinating W automate the complete CCTV inspection and gathering discovery responses from workflow, resulting in one system of record staff. for City assets. o Information Technology operational support PARKS, RECREATION, AND > for January 02, 2021 to January 11, 2021 COMMUNITY SERVICES 2 • Number of tickets opened - 164 T) • Number of tickets closed - 138 Recreation and Cultural Services E Enterprise GIS The final Spotlight Series performance of a General: 2021, Magical Strings Celtic Yuletide • Continued normalization of address Concert, was sold out with 357 people in U database attendance on Sunday, December 5. This • Esri enterprise agreement completed was the first show for which we required 2 • Assisting with GIS needs for CMS refresh proof of vaccination or negative COVID test project results according to King County mandate; S • Continued meetings with Esri on everything went smoothly. Next up is the E implementing rearchitected plan for GIS International Guitar Night which will take 0 system place on Friday, January 21. As of January • Police SafeCam application live on Police 6, 157 tickets have been sold. webpage and working on more marketing A "bonus" Kent Creates exhibit, "December Weekly Customer Service Requests: Delights," took place from December 1-31. • Monthly GIS data update Three winners will be selected based on • Providing customer support to help staff Arts Commissioner votes. A new exhibit connect to GIS data "Inspired by Greatness" will open in the • Managing ArcGIS Esri license requests early days of January and accept • Managing Connect Explorer login access submissions through March 31. Page 3 of 9 Packet Pg. 6 5.6 • The Centennial Gallery will host artwork by proper operation of generator 2 in case of a Mycah Higley and James Borchers in power outage. January and February. Continuing to work through the Facilities • The Kent Senior Activity Center, in Master Plan. An employee questionnaire is partnership with Seattle-King County Public forthcoming. Health, hosted a COVID vaccination clinic Kent Commons received 40 new Mighty on Friday, January 7 for anyone from the Lite tables. Kent community needing their 1st, 2nd, or Conducted pre-construction meeting for booster vaccine. The clinic was busy all day Police HQ Renovation. Schedule to be administering vaccines to 255 people. The released soon. community need is evident and the Senior Center hopes to partner with public health ' again in the near future in an effort to a support health and wellness in the Staff Changes - Hiring/Retirement/ Recruitment/Leaves/Promotions community. • Officer Engledow Retired December 30. • The Recreation Division kicked off the Coed • Officer Mines last day was January 1. Kindergarten, 1st and 2nd grade basketball , program on Saturday, January 15 at Kent, • Corrections Officer Grace Huntley started 0 Millennium and Panther Lake Elementary January 3. E Schools. Twenty-eight teams, comprised of Significant crime activities/arrests .° 28 volunteer coaches and 238 players, will /investigations have their first practice this Saturday. Coed On December 27, at 1:48 am, officers were a K-2 Basketball is a Saturday only program dispatched to a robbery at the Glenn that runs from January 15 to March 5 that Nelson Park located at 26800 Military Rd -- includes two practices and six games. S. The victims were parked at this location a Elementary Boys and Girls in grades 3-6 when two subjects driving a green Ford • kicked off their season on Saturday, Mustang approached and robbed them of Y, January 8 with team photos and jamboree their property at gun point. The vehicle 4) games. League games will start January 15 was found at Washington Ave S and Kent r_ Des Moines Rd as one of the suspects was O and run through March 5. The league has a) 34 teams with 340 participants practicing attempting to reattach the chains to the at 14 elementary schools during the week. rear tires. As officers were taking that Central to this program's success are 18 suspect in custody, the passenger jumped 4 youth basketball officials who have been into the driver seat and sped away. The E training for three weeks in preparation of suspect vehicle was found again a the start of jamboree and league play. The unoccupied. A K9 track was conducted, and a youth basketball officials will officiate the second suspect was taken into custody games from Saturday January 8 - in the 6400 block of S 287 St in Auburn. c Saturday March 5. On December 28, at 8:36 pm, officers were 2 Facilities dispatched to a call of a robbery with a gun • Job openings for Maintenance 2, Facilities at the Circle Foods store located at 10602 ; SE 2561h St. The victim had walked to the E Services Supervisor, and Custodian. E store from his apartment to make a G Actively looking to hire. U • New AC system installed for Courthouse IT purchase when he was approached by a closet as part of larger generator project male suspect. The suspect eventually upcoming. pulled a handgun and robbed the victim of • Generator Building fire insurance claim his money. A responding officer located someone matching the suspect description process is underway and following the lead of Risk Management and the insurance and attempted to stop the individual based adjusters. Making sure all parties are on reasonable suspicion. The suspect failed updated on a regular basis. We've ensured to comply, ran, jumped a fence, and evaded capture as officers were unable to Page 4 of 9 Packet Pg. 7 5.6 chase initially due to legislation. Detectives stopped as he saw two subjects, a male are investigating. and female, begin to cross the street on • On December 31, at 4:09 am, officers were foot and he decided to wait for them to dispatched to a stolen vehicle recovery at pass. The subjects approached the victim, the Atrium Apartments. Upon their arrival, engaged him in conversation, and then they found the vehicle was occupied with robbed him at gunpoint of everything that the driver passed out. As officers were he had, including his vehicle. surrounding the vehicle and attempting to • On January 4, at 2:21 am, officers safely gain compliance to detain the driver; responded to a shooting at Central Flats he woke up and ignored commands. The Apartments. Witnesses saw a white SUV suspect struck a patrol vehicle with the leave westbound and a suspect on foot stolen vehicle and fled the scene at a high leave eastbound. About 20 casings were rate of speed. Officers could not pursue located. No victims have come forward and a due to legislation and the stolen vehicle no one arrived at area hospitals with co was later found wrecked at the intersection related injuries. Detectives are of 64t" Ave S and S 228. The suspect was investigating. driving at such a high rate of speed that it • On January 4, at 8:04 am, Kent officers ; struck a tree hard enough to eject the and King County Deputies were dispatched L) engine from the vehicle, launching it to the to a report of suspicious vehicles at the E opposite side of the median. The suspect Carpinito Brothers Farm. King County had ,° had extensive injuries, was treated by located two stolen vehicles in the Carpinto medics, and transported to the hospital. Farm's field on January 3. All vehicles were a • On December 31, at 10:06 pm, officers stuck in the mud and snow and reported were originally dispatched to call for stolen. The victim attempted to contact two threats with a weapon at the intersection of subjects associated with the stolen vehicles Q. W Meeker St and Frager Rd S. The victim and the driver of one attempted to run stopped at this location as he had a flat over the victim. Officers and Deputies were N L tire. A short time later a black sedan able to locate and take both suspects into stopped near his vehicle and the driver custody. All the vehicles were recovered. o asked if he needed help. The driver of that • On January 4, at 11:08 am, officers were vehicle eventually got out, pushed the dispatched to an in-progress burglary in victim to the ground and assaulted the 27500 block of 156t" Ave SE. Forced N him. The suspect also pointed a firearm at entry had been made through a back slider him and took the victim's jewelry and bank door. A foot pursuit through multiple back E cards. Detectives are investigating. yards and through occupied homes ensued. w • On January 3, at 12:16 am, officers Officers set a great perimeter and the responded to the El Piketon restaurant at suspect was eventually captured. 196t" and 84t" for a shooting with injuries. • On January 4, at 8:11 pm, a male was with c One victim had a gunshot wound to his left another male and female at the 76 Station M heel. His friend, the witness, said the at 1513 W. Meeker. The victim and female .2 unknown suspects fled in a white sedan (no got into an argument and the second male I plate). The victim and his friend had been slashed the victim's forehead with a knife E waiting for their Uber when the suspects and fled the area. The victim was U arrived in that white sedan and fired 7-8 transported to Valley Medical Center with a rounds in their direction. Detectives are non-life-threatening injury. Detectives are investigating. investigating. • On January 3, at 6:13 pm, officers were • On January 4, at 10:00 pm, officers dispatched to an armed robbery at the responded to a stabbing victim who intersection of SE 244t" St and 102"d Ave wandered into the 7-11 at 1041" and 240t". SE. The victim had been traveling The victim had been stabbed multiple times northbound on 102nd Ave SE and about to in the face, back and legs at the bus stop turn west on SE 242"d St. The victim in front of Phoenix Court Apartments. He Page 5 of 9 Packet Pg. 8 5.B was transported by Medics to Harborview into his jacket grabbing a handgun. One Medical Center. Detectives are male suspect said something to the effect investigating. of "come outside." The suspects left the • On January 5, at 2:11 am, officers were store. An area search was conducted, but dispatched to three subjects fighting in the the suspect(s) were not located. Detectives area of 1041" Ave. SE and SE 2401" St. The are investigating. two suspects fled the area while the adult On January 9, at 4:07 am, officers were victim flagged down a witness asking for dispatched to a reported occupied stolen help. The victim wandered over to the 7-11 vehicle at Phoenix Court Apartments called and collapsed. The victim suffered an open in by security. The vehicle ended up skull fracture. The victim was confronted leaving the area northbound on 112t" Ave by two juvenile males and a dispute SE. Officers conducted an area check and started. One of the suspect's produced a located the vehicle in the neighborhood to a handgun. The victim knocked the handgun the north. Officers initiated a traffic stop out of the suspect's hands then was hit in and surrounded the vehicle being driven by a the head by the second suspect who had a a female. In the process of trying to get baseball bat. The victim was treated by the female to comply, she ended up ; Puget Sound Regional Fire Authority and striking two patrol vehicles, almost running 0 Medic-1 and transported to Harborview over a couple officers, and hitting two E with non-life-threatening injuries. other unoccupied vehicles in an attempt to 0 • On January 8, at 12:25 pm, officers were get away. A pursuit ensued which was dispatched to a hold-up alarm at the Money ended with the utilization of a P.I.T a Tree located at 25260 1041" Ave SE. A maneuver. The suspect was taken into subject handed a note to an employee custody after a K9 track. V_ stating they had a gun and demanded On January 9, at 6:56 pm, officers a money. One of the employees took the responded to Arbor Chase Apartments for a note, alerted other employees and shooting. The female victim was shot in the N L customers of the situation and hid in the abdomen at Ventanna Apartments by an back after pressing the panic alarm. The unknown person. Just a few minutes later, o suspect left without gaining access to the another 911 call came in from a male who > money. Detectives are investigating. said he shot someone trying to steal his • On January 8, at 1:05 pm, officers were car. The person he shot left on foot. That N dispatched to a threat with a weapon which male caller cooperated with police and c occurred at the intersection of Willis St and surrendered his firearm. His car was also E the southbound on ramp to Hwy 167. seized as evidence. Detectives are w Officers contacted the victim who stated investigating. °' another motorist cut her off so she flipped U him off. The other motorist repeated the PUBLIC WORKSc hand gesture and eventually pulled out a Land Survey/PW GIS: W firearm pointing it at the victim. Detectives are investigating. Land Survey field staff have completed � • • On January 8, at 1:20 pm, officers were portions of design topography mapping on E the following projects: Reith Road G dispatched to the 7-Eleven located at 511 U Central Ave S regarding a threat with a roundabout, West Hill Transmission Main weapon. Two males came into the store and the Kensington Ravine drainage. Land and flashed a firearm to an employee. The way and easements for the 108t"/264t" Ave Survey office staff have calculated right of had been in the store earlier in theday and roundabout and the 228 shoplifted a couple bags of chips. When St. corridor they came back to the store in the record of survey (ROS). afternoon, the employee told the subjects Public Works GIS staff have performed regular data editing and maintenance on to leave because of the prior shoplift. One of the males became upset and reached city utility asset information; fulfilled Page 6 of 9 Packet Pg. 9 5.6 Cityworks work orders; delivered test mechanical and electrical work is version of ArcGIS collector application for suspended for material and equipment storm ditch inventories; created procurement associated with the in-water Cityworks/ArcGIS reporting dashboards; work. completed assigned public records requests 2021 asphalt overlays: concrete flatwork and started building a public facing map continues on 94t", 96t", 93rd, weather application of street sweeping for Kent. permitting. S 248t" St experienced some Design: surface and subsurface failures as a result • East Valley Highway slump: project of the recent winter weather events. Our advertised January 11. Bids open January contractor has agreed to assist with the 25. restoration of this damaged roadway. • WA Ave South Stormwater pump Temporary / short term repairs took place station: finalizing plans and specs. on (1/7). The contractor completed a • E Tacoma St. - Kensington Ave. drainage permanent repairs beginning on improvements: final review comments Wednesday (1/11). expected early January. Project expected to advertise February 22. - • 144th Ave Southeast improvements: 60% 4: � � Y ` plan review comments were due January 7. f _ ;s f E Team working on design of pavement ' section. Lake Meridian Water District indicated a desire to make improvements ° to their facility prior to the project construction. Project expected to be constructed this summer. fi o 212t" overlay - Orillia Road/city limits to Green River Bridge: awaiting approval of ) the City of Tukwila traffic control plans/detour route. Documents to obligate o construction funds have been prepared and are ready for Mayor's signature prior to submitting to WSDOT. ' N • Downey Farmstead restoration - final �� E phase: project expected to advertise ~ ' .. -_ t S 224t" Street - 94t" to 216t" - p hase 3 .� � ` r-`° °' west: joint utility trench - layout has been Ovation at Meeker (625 W Meeker St) - U completed and under review within the storm pipe installation on Harris St began c team to identify conflicts and coordination on Wednesday (1/12). with utility companies. Environmental: Construction: Adopt-A-Street/Spot: 41" quarter final • West Hill Reservoir: the contractor is numbers: total volunteers: 206; total bags c welding the fifth of 15 wall steel sheet of trash removed: 218, total volunteer U courses. Continued 42nd PRV vault hours: 376.5 installation work and water main. 38t" Ave We will be giving a presentation at the S is closed between S 248t" St and S 247t" January 18 Council meeting to recognize St for the duration of the project. the 2021 Adopt A Street/Spot partners and Pedestrian access through this closure will share their record-breaking be maintained. accomplishments. Many thanks to all the • Lake Fenwick hypolimnetic aerator volunteers in Kent who gave so much time improvements: roofing work continues as to make our city cleaner! weather permits. Interior building Page 7 of 9 Packet Pg. 10 5.6 • Stormwater code update (repeal and debris clean up from the snow and ice replace KCC 7.05): the public hearing at event Citywide. the Land Use and Planning Board meeting Holding Pond crew removed trees around took place Monday evening, 1/10/2022 the pond ring and limbed up short pines at with no comments, and the Board gave its the 3rd Ave holding pond on S 259t" St and recommendation for City Council approval. also worked on the snow and ice removal This item is scheduled to go to Public and debris clean up Citywide. Works Committee on 2/7/2022, and then Water: the City Council Meeting on 2/16/2022. Staff worked on a leak detection survey in Streets: the valley water distribution system from S • Street Maintenance responded to service 228th St to S 277th St and from the base requests for plowing, sanding and applying of the East Hill to West Hill. The process deicer as well as filled potholes for several involved attaching acoustic devices to a roadways that were damaged due to the water appurtenances such as fire hydrants 0 storm events at various locations Citywide. or water services to find leaks underground = • Signs and Markings installed parking that haven't come to the surface and can restriction signs on Green River Rd, go undetected. Fifty-five miles of pipe will ; installed bases and signs on S 259t" St, be covered in this two-week process. Staff L) performed several road closures and traffic have repaired fire hydrants that were E alterations for snow/ice and rain events damaged by vehicles during the recent ,° and performed sign maintenance Citywide. snow and ice event. Our Clark Springs • Solid Waste removed debris on S 260t" St generator and electrical upgrade project is a and on Kent Des Moines Rd and performed nearing the end of completion. Staff have several road closures and traffic alterations worked with our contractor on the control for snow/ice and rain events. system upgrade portion of the project a • Water Vegetation helped with snow and ice which replaces the programmable logic W removal Citywide and performed storm and controller. ) L debris clean up at City owned water sites. Storm/Sewer: • Street Vegetation worked on cleaning up Storm crews worked on cleaning up catch o any tree and branch debris from the storm basins and storm structures after the snow > events and watched for flooding Citywide. and ice event and responded to several The Sidearms mowed on 124t" Ave SE and flood requests due to the excessive rain. N on S 259t" PI and assisted with snow and • Sewer crews TV'd for 2022 overlays, c ice removal and debris clean up Citywide. performed manhole change outs on SE E • Wetland Mitigation removed blackberries 240t" St, SE 227t" PI, SE 226t" St, 108t" Ave w on Frager Rd, weeded, planted and SE and on 111t" Ct SE, performed manhole 2 mulched the planted bed on W James St, repairs and placed asphalt patches on 100t" U planned street tree plantings, transplanted Ave SE, removed graffiti at the Mill Creek c at the GRNRA nursery and cleared debris, Pump Station and Linda Heights Pumpcc pruned street trees and cut/removed tree Station, performed Vactor cleaning on S •2 grates in the downtown core area. Crews 266t" St, SE 220t" St, 100t" Ave SE and on also helped with the snow and ice removal SE 222nd St and performed site c and debris clean up Citywide. maintenance at the Lindental Pump U • Wetland Maintenance mowed and line Station. trimmed at Maplewood Grove on 108t" Ave Fleet/Warehouse: SE, Redondo on 27t" Ave S, Signal Electric The Warehouse crew continued to assist on 3rd Ave S, 72nd Ave diversion channel on with CDL training, maintained the shops 68t" Ave S, ShoWare Center on 4t" Ave N, yard, keeping it clean and free of litter and Horseshoe Bend on 80t" Ave S, Lake debris, cleaned and maintained the wash Meridian outlet on 152nd Way SE, Cantera rack, washed and vacuumed motor pool on 124t" Ave SE and at the 256t" flume on vehicles, issued personal protection 146t" Ave SE. Crews also assisted with the equipment (PPE's) and motor pool vehicles Page 8 of 9 Packet Pg. 11 5.B to staff and hydrant meters and public notice boards to contractors, repaired small equipment as needed, received parts and inventory orders, hauled spoils as time and equipment were available, inventoried small attractive assets, continued prepping for the year-end physical inventory, continued to manually open and close the broken east gate daily and set out and remove the type 3 barricades in the employee south parking lot at the beginning and close of the work day. Crews also completed the year-end physical a inventory and rebalanced the inventory in all the storerooms. _ • Fleet crews supported crews with snow and ice removal, made repairs to the trucks ; and equipment related to the snow event, L) worked on scheduled and non-scheduled E maintenance and new vehicle set ups. They ° also prepped the vehicles and equipment that are going to auction. a • The Radio Shop programmed radios and W worked on set ups. V_ O a ### Y) L V 0 d M L E Q W d U c O :r O v E E O U Page 9 of 9 Packet Pg. 12 8.A 40 KENT W n. V 3 I G N DATE: January 18, 2022 TO: Kent City Council SUBJECT: Payment of Bills - Authorize MOTION: I move to authorize the payment of bills received through 12/15/21 and paid on 12/15/21, authorize the payment of bills received through 12/31/21 and paid on 12/31/21, approve the checks issued for payroll 12/1/21-12/15/21 and paid on 12/20/21, and authorize checks issued for payroll 12/16/21 - 12/31/21 and paid on 1/5/22, all audited by the Operations and Public Safety Committee on January 4, 2022. SUMMARY: Packet Pg. 13 8.A Approval of payment of the bills received through----- 12/15/21 and paid 12/15/21 Approval of checks issued for Vouchers: Date Document Numbers Amount 12/15/21 Wire Transfers 9008 9026 $2,882,657.21 12/15/21 Regular Checks 757503 757887 $3,515,576.95 12/15/21 Payment Plus 103760 103785 $185,511.00 Void Checks ($42,625.92) 12/15/21 Use Tax Payable $2,163.68 $6,543,282.92 Approval of payment of the bills received through----- 12/31/21 and paid 12/31/21 Approval of checks issued for Vouchers: Date Document Numbers Amount 12/31/21 Wire Transfers 9027 9040 $2,215,136.89 12/31/21 Regular Checks 757888 758360 $6,367,822.95 12/31/21 Payment+ 103786 103848 $260,465.92 Void Checks ($8,908.12) 12/31/21 Use Tax Payable $3,950.05 $8,838,467.69 Approval of checks issued for Payroll: 12/1/21-12/15/21 and paid 12/3/2021 Date Document Numbers Amount 12/3/2021 Checks $2,043,109.97 Voids and Reissues 12/3/2021 Advices FR&P 463279 463287 $7,074.04 Total Payroll $2,050,184.01 Approval of checks issued for Payroll: 12/16/21-12/31/21 and paid 1/5/2022 Date Document Numbers Amount 1/5/2022 Checks $2,073,838.25 Voids and Reissues 1/5/2022 Advices FR&P 463288 463296 $7,074.04 $2,080,912.29 BUDGET IMPACT: As described. 01/04/22 Operations and Public Safety Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 1/18/2022 7:00 PM MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner Packet Pg. 14 8.B.1 Pending Approval City Council Workshop • Workshop Regular Meeting KENT Minutes WAS M IN G 7 0 N January 4, 2022 Date: January 4, 2022 Time: 5:01 p.m. Place: Chambers I. CALL TO ORDER Attendee Name Title Status Arrived v, Bill Boyce Council President Present Brenda Fincher Councilmember Remote Satwinder Kaur Councilmember Present .� 0 Marli Larimer Councilmember Present @ Zandria Michaud Councilmember Present c Toni Troutner Councilmember Present 0. Les Thomas Councilmember Present Q Dana Ralph Mayor Present a II. PRESENTATIONS Ln 1 2021 Grant Summaries and 2022 Grant Rob Brown 45 MIN. N Opportunities N Transportation Engineering Manager, Rob Brown and Public Works Director, Chad Bieren provided the Council with an update on public works grants. 0 d Previous years' grants were details: 2018 PSRC Preservation set-aside South 212th Street Pavement Rehabilitation 72nd Avenue South to 84th Ave South a 2020 PSRC Regional Competition - 76th Avenue South Road Raising, North Segment a N r 2020 PSRC King County Larger Jurisdiction Competition: c South 228th Street Corridor: 218th Street/98th Avenue South from 94th Place South to South 216th Street This project was ranked 9th on the contingency list. The City was awarded $4.9M and the City match is higher than the grant award because we took the amount available and made up the difference in the estimated project cost. Funding will be used for the construction phase This project is currently in the design phase. Construction is expected to begin in late 2024 or early 2025. 2020 PSRC Non-motorized set-aside Packet Pg. 15 8.B.1 City Council Workshop Workshop Regular January 4, 2022 Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... Transit and non-motorized intersection improvements at Meeker Street and 64th Avenue South. This project was ranked 5th on the contingency list. Grant request was for $2.13 million with a $334k local match for design and construction. PSRC awarded us $236,667 for project design because we had a project that could immediately accept the funds and expend them before they expired. Design is scheduled to be completed this summer. We looking for construction funding. a� r Summary of 2021 Grant Requests: c 4 Projects awarded funds 4- Kent was awarded $9,332,347 0 The City match funds of $7,282,653 0 Q 2021 Transportation Improvement Board (TIB) Urban Arterial Program - Q Reith Road, South 253rd Street to Lake Fenwick Road Grant request $1.59m with a $897,795 local match a 0 0 2021 TIB Urban Sidewalk Program N Russell Road Pedestrian improvements Phase 2 Hogan Park frontage o sidewalk. `" Design is underway and construction is scheduled to begin in the summer of 2023. 0 South 240th Street Russell Road to Lakeside Blvd East. Design is underway and construction is scheduled to begin in the summer of 2023. a� 2021 WSDOT Local Bridge Program r Meeker Street Bridge Deck Rehabilitation - received more than what was requested This project will repair the bridge driving surface (or the bridge deck), N replace the expansion joints, and rehabilitate the bridge bearing pads. Grant request was for $1,218,000 WSDOT awarded us more than the requested amount. 2021 WSDOT Local Bridge Program Meeker Street Bridge Painting Our grant request was for $3M and the total project cost is $3,238,320. The City's match is the difference between the cost and the award. 2021 WSDOT Local Bridge Program South 2121h Street Green River Bridge Expansion Joints - Not selected for funding ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 5 Packet Pg. 16 8.B.1 City Council Workshop Workshop Regular January 4, 2022 Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... 2021 WSDOT Safe Routes to School Programs Reviewed 14 locations for installation of flashing beacons. - Not selected for grant funding. James Street and 94th Avenue South intersection East Hill Elementary and Mill Creek Middle School - not selected for funding. Brown and Erik Preston looking where the City can install improvements. 2021 WSDOT Pedestrian and Bicycle Program r Locations to install enhanced pedestrian crossings. c Meeker Street, 64th Avenue South to Washington Avenue, bicycle, 4- pedestrian, and transit - not selected for funding 0 2021 WSDOT Pedestrian and Bicycle Program - Enhanced pedestrian a L crossings Q Crossings will include rapid rectangular flashing beacons, median islands, and curb ramps. a Our grant request was for $1,163,588 with a local match of $20,000. o Total project cost is $1,183,588. L' N Project design will start soon with construction scheduled to start in late o 2022 or early 2023 N v c 2021 WSDOT Pedestrian and Bicycle Program - Meeker Street, 64t" Avenue South to Washington Avenue, Bicycle, Pedestrian and Transit Improvements c - Design Only, 108t" Avenue SE at Panther Lake Library Pedestrian Hybrid Beacon and Russell Road Pedestrian Improvements Phase 1 Meeker Street to Hogan Park Sidewalk - Not selected for funding a� 2021 WSDOT Railway-highway crossing program r BNSF Smith Street pedestrian gates. BNSF gave us a cost estimate of $350k a Our grant request was for $315k with a $35k local match Our application scored well and WSDOT told us our project was above the funding line. Staff talked to BNSF about the project again and they determined they needed to make additional upgrades to the crossing and revised the estimate to $650,000 Additional funding was not available and we did not continue with the project. Summary of 2021 Grant Requests: Grant funds were requested for 13 projects Total requested funds $12,152,256 with a City match of $1,613,435 6 projects awarded funds ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 3 of 5 Packet Pg. 17 8.B.1 City Council Workshop Workshop Regular January 4, 2022 Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... • Kent was awarded $8,019,908 with a City match of $1,448,435 • Total grand funding for 2021 with prior years' grants $17,352,255 awarded with a City match of $8,734,088 Brown detailed the Grant opportunities for 2022: 2022 PSRC Transportation Alternatives program Meeker Street, 64th intersection and Kent Elementary frontage 2022 TIB Complete Streets Grants available to cities that have adopted Complete Streets Ordinance r c 2022 PSRC Regional Competition and Larger Jurisdiction Competition 4- Four of the potential projects are: ° 1. Meeker St, 64t" Intersection and Kent Elementary Frontage Construction o 2. Meeker St, Kent Elementary to Washington Avenue a 3. South 216t" Street, 98t" Avenue South to 108t" Avenue South - the last Q section of the 2281" Corridor 4. Meeker Street and Lincoln Avenue Compact Roundabout and Meeker Street a Improvements, Interurban Trail to Union Pacific Crossing o The City Council acknowledged they approved of Public Works applying for N grants for these projects. o N 2022 PSRC Preservation Set-Aside - 5 potential projects were reviewed 2022 PSRC Non-motorized set-aside - 3 potential projects were reviewed 2022 TIB Urban Arterial Program - 2 potential projects were reviewed c 2022 TIB Sidewalk Program - 2 potential projects were reviewed 2022 WSDOT Highway Safety Improvement Program was reviewed 2022 WSDOT Safe Routes to Schools Program - Potential projects will be reevaluated. 2022 WSDOT pedestrian and bicycle program - reviewed potential projects r The City Council acknowledged they approved of Public Works applying for grants for these proposed projects. a 2022 WSDOT Pedestrian and Bicycle Program - reviewed potential planning projects = 2022 WSDOT Railway-Highway Crossing Program - UPRR Willis Street Crossing Gates relocation - reviewed as potential project 2022 UTC Railway-Highway Crossing Program - BNSF, Smith to Meeker West Side Fence - reviewed as potential project Brown discussed the USDOT Rebuilding American Infrastructure with Sustainability and Equity program, the USDOT Infrastructure for Rebuilding America program, and the Infrastructure Investment and Jobs Act. Brown closed the presentation by providing information on the City's 2022 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 4 of 5 Packet Pg. 18 8.B.1 City Council Workshop Workshop Regular January 4, 2022 Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... legislature requests for the 228th corridor and for the Quite Zones project. Meeting ended at 6:06 p.m. 1( vn�ley A. Ko-P L o- City Clerk as c 0 0 L 0. Q. Ca L a 0 0 Ln N N 0 N C O O N d 7 C d V C c0 d t� t� a N O r 7 C ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Page 5 of 5 Packet Pg. 19 Pending Approval Kent City Council • City Council Regular Meeting KENT Minutes WAS M IN G 7 0 N January 4, 2022 Date: January 4, 2022 Time: 7:00 p.m. Place: Chambers 1. CALL TO ORDER/FLAG SALUTE Mayor Ralph called the meeting to order. a _ 2. ROLL CALL Attendee Name Title Status Arrived o Dana Ralph Mayor Present @ Bill Boyce Council President Present Brenda Fincher Councilmember Remote a Satwinder Kaur Councilmember Present Q Marli Larimer Councilmember Present a Toni Troutner Councilmember Present o 0 Les Thomas Councilmember Present ti Zandria Michaud Councilmember Present N N 0 N 3. AGENDA APPROVAL Chief Administrative Officer, Derek Matheson advised there are no changes to the agenda and advised the updated agenda included an item 4.A.6 with a c corresponding Consent item 8.D. relating to an appointment to the Human Services Commission. 4. PUBLIC COMMUNICATIONS c Mayor Ralph opened the meeting by reading the following statement: a d While we are confident the City followed best practices by promptly a investigating the conduct of Derek Kammerzell and imposing discipline, it is clear that the process did not produce the results acceptable to our community or quite honestly me. Earlier this afternoon, in consultation with the Chief, I instructed our City Attorney to reach out to the union's attorney to ask for Derek Kammerzell's resignation. While there will be a cost associated with this, I believe that this is a necessary step to continue to build trust with our City and across the region. I want to say a heartfelt, deep thank you for all of you that have reached out and taken the time to share your personal stories with me and the impact Packet Pg. 20 8.B.2 Kent City Council City Council Regular Meeting January 4, 2022 Minutes Kent, Washington this has had on you and your families. The City and I have worked extremely hard in our anti-racist efforts and I don't want to undue the great work that has been done. I believe that today's actions reflect the values that we hold collectively as a City, as a Police Department and as a community, and they show our commitment to making Kent a place where everyone feels welcome and heard. Councilmember Boyce read the following statement: The Kent City Council condemns racism in all its forms. While the council is extremely disappointed in Assistant Chief Kammerzell's conduct, we don't believe his conduct reflects the culture of the Kent Police Department. 4- 0 This council has been -- and continues to be -- a strong leader on equity issues in the City of Kent and Kent Police Department. Councilmembers have 0 created two equity leader positions, are working on an ambitious equity a strategic plan, and have provided funding for equity training for all city Q employees, including police employees. a 0 My colleagues and I will continue to condemn racism in all its forms and continue to insist that all city employees, including police employees, abide N by the city's anti-racist values and policies. N v While personnel matters are not within the council's purview, I want to thank the mayor for her leadership and for keeping the council informed throughout the process. a� r A. Public Recognition i. Oaths of Office for Mayor Ralph and Councilmembers Fincher, Kaur and Troutner = r City Clerk Kim Komoto conducted the official swearing in of Mayor Dana Ralph and Councilmembers Brenda Fincher, Satwinder Kaur and Toni a Troutner. ii. Recognition of Outgoing Council President Troutner Mayor Ralph, Council President Boyce, Councilmembers Zandria Michaud and Les Thomas expressed words of appreciation of the work outgoing Council President Trounter accomplished over the past two years. Troutner provided comments on her work with councilmembers, the Mayor and City staff over the past two years as the President. iii. Announcement of Councilmembers' Assignments to Committees Council President Boyce announced that Councilmember Troutner will replace him as the chair of the Economic and Community Development Committee. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 9 Packet Pg. 21 8.B.2 Kent City Council City Council Regular Meeting January 4, 2022 Minutes Kent, Washington iv. Employee of the Month Mayor Ralph recognized the City's Public Disclosure Administrator, Tiffany Alcorn as the January, 2022 Employee of the Month. Kim Komoto, City Clerk expressed words of appreciation for Alcorn and read a statement prepared by Alcorn. v. Appointments to the Land Use and Planning Board Mayor Ralph requested the Council confirm her recommendations of Sandra Pereira and Chris McClain to the Land Use and Planning Board. r c vi. Appointment to the Human Services Commission 4- 0 Mayor Ralph requested the Council confirm her recommendation of Nicholas Yu to the Human Services Commission. 0 a B. Community Events Q Council President Boyce provided details on upcoming events at the accesso a ShoWare Center. o 0 C. Economic and Community Development Report N N Chief Economic Development Officer, Bill Ellis presented the quarterly N Economic and Community Development update. v Ellis share statistics relating to real estate activity. • Kent is about 90% of new construction activity N • Projections are continued industrial demand growth; safe' investment • Limiting factors is land availability despite pinch points for timber, steel, and labor iv • Sale pricing per square foot incredible - clear tie to REITS and institutional buyers f° a • Rents still about 2/3rds of Seattle; infrastructure and location paramount Q Consumer Spending Updates • Last data before Thanksgiving -November 14t" • Consumer spending in Seattle metro up 28.2% overall • Restaurants and hotel spending was substantially recovered, but still running behind consumer spending overall • Entertainment and recreation spending still significantly down from pre-Covid pea ks Ellis reviewed employment rates as of August of 2021 and reviewed job postings in Seattle by educational requirements. Ellis reviewed statistics of space jobs open. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 3 of 9 Packet Pg. 22 8.B.2 Kent City Council City Council Regular Meeting January 4, 2022 Minutes Kent, Washington Ellis discussed two new companies in the Kent Valley: Starfish Space has raised $7 million to develop space tugs that aim to extend the lives of satellites, move them to different orbits and remove debris. Early-stage investors NFX and MaC Venture Capital led the funding round, with participation from PSL Ventures, Boost VC, Liquid2 Ventures and Hypothesis. Venture capital firm Boost VC had led an earlier investment round for Starfish Space. The Kent, Washington-based startup said Sept. 28 it will use proceeds to accelerate the development of its all-electric Otter spacecraft, targeting an initial launch in 2023 or 2024. 4- 0 Stoke Space raised $65 million in a Series A round announced Dec. 15, funding development and testing of the upper stage of a reusable launch 0 vehicle. a The company, based in the Seattle suburb of Kent, Washington, said Q Breakthrough Energy Ventures led the round. Several other new investors also joined the round, including Spark Capital, Point72 Ventures, Toyota o Ventures, Alameda Research and Global Founders Capital. N Stoke announced earlier this year its intent to create a fully reusable launch N vehicle, starting with the second stage. This round, the company said, will allow it to complete development of a prototype of that stage and conduct a series of flight tests starting at the end of 2022. 0 "New Space" Emerging opportunity: • Featured speakers on workforce development panel: Museum of Flight, Aerospace Joint Apprenticeship Committee; Green River College • Consensus of panelists to find non-traditional paths to promoting STEAM to youth a • Local non-profits like Space United are looking at growth strategies Q Ellis closed by talking about support for an Industrial Cluster: • 1/4th of all food processing in King County in Kent Valley • Fastest growth in food business licenses in Kent • Many years trend of Seattle food and beverage companies moving into Kent (welcome Seattle Gourmet Foods and Passport Foods!) 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report Mayor Ralph expressed appreciation of the City's Public Works staff for keeping the roads clear during the recent snow events. She also thanked the Parks Department staff for staffing the warming centers and also expressed appreciation for all staff that showed up to work during the recent snow ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 4 of 9 Packet Pg. 23 8.B.2 Kent City Council City Council Regular Meeting January 4, 2022 Minutes Kent, Washington event. Mayor Ralph will serve as the chair on the Puget Sound Regional Council and will also serve on the Transportation Policy Board the Operations and Executive committees. Mayor Ralph will serve on the Regional Policy Council addressing regional policies. Mayor Ralph will continue serving on the King County Flood Control District and South County Area Transportation Board. c Mayor Ralph expressed appreciation for Chief Administrative Officer, Derek 4- 0 Matheson for keeping everyone moving in the right direction all of the time. B. Chief Administrative Officer's Report a Matheson expressed his appreciation of Mayor Ralph's kind words and also Q congratulated outgoing Council President Toni Troutner, incoming President Bill Boyce, and the re-elected council members. a 0 0 Matheson advised the upcoming City Council retreat for 2022 will be held all N day February 4t" and half a day on February 5t" with the location to be N determined. The facilitator has met with Mayor Ralph, outgoing and incoming council presidents and has interviewed some council members. The interview process will be complete this week and a rough draft agenda will be prepared. a� r Matheson's report is in today's agenda packet. There is no executive session tonight. C. Councilmembers' Reports Council President Boyce conveyed his appreciation of Matheson's leadership. a Boyce expressed appreciation of the work of the Public Works Department during the recent snow event. c Boyce provided a recap of today's Operations and Public Safety Committee agenda items and workshop. Boyce will serve as the Chair of the Sound Cities Association Public Issues Committee. Councilmember Michaud will serve as the chair of the City's Parks and Human Services Committee, and will also serve on the Sound Cities Association Regional Law, Safety and Justice Committee and the City's Human Services Commission. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 5 of 9 Packet Pg. 24 8.B.2 Kent City Council City Council Regular Meeting January 4, 2022 Minutes Kent, Washington Councilmember Kaur will serve as the Chair of the Puget Sound Clean Air Agency Advisory Council, and will also serve on the Sound Cities Association Domestic Violence Initiative Regional Task Force, the Growth Management Planning Council and on the Association of Washington Cities Nominating Committee. Councilmember Larimer will serve on the King County Affordable Housing Committee and the King County Ageing and Disability Advisory Board. Councilmember Troutner will serve as the chair of the Regional Transportation Committee. 4- 0 Troutner expressed words of appreciation for everyone that volunteered for the severe weather shelter that was open December 27, 2021- January 1, 0 2022. a Q Councilmember Thomas serves on the Puget Sound Regional Fire Authority Governing Board that will meet on January 5th, via Zoom. Call 253-856-4300 0 for information. N N Councilmember Fincher will serve on the King Conservation District. Visit N Kingcd.org 1/18-2/8 to cast your vote. v Fincher provided details on the latest Kent Creates contest and Spotlight Series. N a� r Fincher will serve on the Mental Illness and Drug Dependency Council. a� Fincher met with Monica Alexander, Representative Tina Orwall and Kumar, the latest candidate that participated in the Community Immersion Program a through the Police Department. Q 6. PUBLIC HEARING None. 7. PUBLIC COMMENT Tiffany Janibagian, a Kent resident, provided public comment remotely. Janibagian thanked the Mayor for her comments during the beginning of today's meeting and also provided comments relating to the Police Department. Monica Mendoza-Castrejon, a Kent resident provided public comment regarding Assistant Chief Derek Kammerzell and recommended the City create an independent police accountability division. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 6 of 9 Packet Pg. 25 8.B.2 Kent City Council City Council Regular Meeting January 4, 2022 Minutes Kent, Washington Zenovia Harris, CEO of the Kent Chamber of Commerce, read a statement regarding the Kent Police Assistant Chief suspended for displaying Nazi signia. Harris thanked the Mayor and Police Chief for their swift action in addressing this issue. Gwen Allen-Carston, a Kent business owner, provided public comment relating to Assistant Chief Kammerzell and suggested Kent needs to do better with accountability and transparency. Allen-Carson expressed appreciation for Mayor Ralph taking the time to discuss issues with her. a� r Tye Whitfield, a Kent resident, provided public comment relating to police and thanked the Mayor for having a discussion with her regarding this issue. — Whitfield asked the community leaders to come together and take a stand and asked for "unity within the community." o a a Cliff Cawthorn, a Kent resident, provided comment regarding Assistant Chief Q Kammerzell and the Police Department. Cawthorn thanked the Mayor for asking for Kammerzell's resignation. Cawthorn asked for transparency, o accountability and a commitment to BIPOC, Jewish and LGBTQ and marginalized neighbors. Cawthorn asked for an independent community N police accountability community and requested the Mayor stop efforts to curb N reform at the state level. c Charmaine Boston, a Kent resident and community liaison for Kent Black Action Committee, provided personal public statements. Boston asked everyone to be better about doing the right thing. S. CONSENT CALENDAR a� I move to approve consent items A - D r a RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Council President Q SECONDER: Les Thomas, Councilmember ? AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas =_ A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Dec 14, 2021 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Dec 14, 2021 7:00 PM B. Accept the James Street and Second Avenue Pedestrian Crossing Project as Complete - Authorize ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 7 of 9 Packet Pg. 26 8.B.2 Kent City Council City Council Regular Meeting January 4, 2022 Minutes Kent, Washington MOTION: I move to authorize the Mayor to accept the James Street and Second Avenue Pedestrian Crossing Project as complete and release retainage to Northwest Cascade, Inc. upon receipt of standard releases from the State and the release of any liens. C. Appointments to the Kent Land Use and Planning Board - Confirm MOTION: I move to confirm the Mayor's appointment of Sandra Pereira and Chris McClain to three year terms on the Land Use and Planning Board that will begin on January 4, 2022 and end on January 3, 2025. D. Appointment to the Human Services Commission - Confirm o MOTION: I move to confirm the Mayor's appointment of o Nicholas Yu to a three-year term on the Human Services a Commission that will begin on January 1, 2022 and end on Q December 31, 2024. a 9. OTHER BUSINESS o A. Parking Ordinance for the Green River Road - Adopt N 0 Public Works Director, Chad Bieren provided an overview of the parking N ordinance for the Green River Road and indicated the Public Works Committee unanimously approved this ordinance during the January 3, 2022 meeting. c MOTION: I move to adopt Ordinance No. 4424, amending Chapter 9.38 of the Kent City Code to add no parking zones and prohibit overnight parking at locations along the Green River Road. r a RESULT: MOTION PASSES [UNANIMOUS] MOVER: Brenda Fincher, Councilmember Q SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud c 10. BIDS A. Six Million Gallon #1 Reservoir Recoating and Vent Replacement Project Bid - Award Chad Bieren provided an overview of the Six Million Gallon #1 Recoating and Vent Replacement bid and recommend the Council award the bid to the Long Painting Company. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 8 of 9 Packet Pg. 27 8.B.2 Kent City Council City Council Regular Meeting January 4, 2022 Minutes Kent, Washington MOTION: I move to award the six million gallon #1 Reservoir Recoating and Vent Replacement Project to Long Painting Company in the amount of $3,022,229.32 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. R SE ULT: MOTION PASSES [UNANIMOUS] MOVER: Brenda Fincher, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud r c 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION o None. o L Q Q 12. ADJOURNMENT Q Mayor Ralph adjourned the meeting. a 0 0 Meeting ended at 8:35 p.m. N N 0 N KL-tM.UP.rLey A. Komcrto" � City Clerk 0 m r c ai c r a m Q a� c ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 9 of 9 Packet Pg. 28 8.0 • KENT W A S M I N G T O N DATE: January 18, 2022 TO: Kent City Council SUBJECT: Curtis Blue Line Law Enforcement Equipment Purchases - Authorize AMENDED MOTION: I move to authorize the Police chief to purchase law enforcement equipment through a cooperative purchasing agreement the League of Oregon Cities has with Curtis Blue Line, if those purchases are within the City's established budgets and made during the term of the cooperative contract and for the Chief to provide the Council with an itemized list of spending under this contract on a monthly basis. SUMMARY: The City is a member of the National Purchasing Partners ("NPPGov"). NPPGov is a national cooperative procurement organization based in Seattle that offers publicly solicited contracts to government entities nationwide. NPPGov serves a variety of government and nonprofit organizations. NPPGov contracts are created through a public solicitation conducted by a Lead Public Agency. In the current instance, the League of Oregon Cities acted as the Lead Public Agency in a Request for Proposal (RFP) for law enforcement equipment. That RFP resulted in a contract between the League of Oregon Cities and Curtis Blue Line, a current vendor with whom the City separately contracts. The NPPGov contract is currently in effect through May 25, 2023, but it allows for annual extensions thereafter through May 25, 2026. Any purchases the City makes from Curtis Blue Line under the purchasing cooperative's contract are subject to the terms and conditions of that master contract. A copy of the master contract between the League of Oregon Cities and Curtis Blue Line is attached. Given the purchasing volume made possible through cooperative contracts, the pricing under the cooperative contract is better than that which the City has available through its own contract with Curtis Blue Line, and the City would like to take advantage of this pricing for the long-term. Purchases made through a cooperative contract satisfy the competitive bid requirements under KCC 3.70.110.F. and G. Except for the Participating Agency Endorsement and Authorization form, which affirms that the City has reviewed the mater cooperative purchasing agreement and agrees to its terms, no other contract document is required by the City for it to take advantage of the NPPGov cooperative contract. The Mayor has previously authorized the Kent Police Department to purchase through this cooperative contract up to her $100,000 purchasing authority. However, the Kent Police Department would like Council to authorize all future purchases made through this cooperative contract, so long as those Packet Pg. 29 8.0 purchases are made during the term of the cooperative contract and within budgets previously established and approved by Council. BUDGET IMPACT: Expenses will be paid out of the General and Criminal Justice funds. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Intergovernmental Coop Purchase Agr-League of Oregon Cities (PDF) 2. MPA 2010 LOC and Curtis Blue Line (PDF) 01/04/22 Operations and Public Safety Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 1/18/2022 7:00 PM MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner Packet Pg. 30 DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A 8.C.a Intergovernmental Cooperative Purchasing Agreement L This Intergovernmental Agreement(Agreement) is by and between the "Lead Contracting a' Agency" and participating government entities ("Participating Agencies"), that are c members of National Purchasing Partners ("NPPGov"), including members of Public E 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 w Agency and all Participating Agencies shall be considered as "parties"to this agreement. as E WHEREAS, upon completion of a formal competitive solicitation and selection process, i 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; w 3 M WHEREAS, NPPGov provides group purchasing, marketing and administrative support a) for governmental entities. NPPGov's marketing and administrative services are free to its S membership, which includes participating public entities and nonprofit institutions throughout North America. m A WHEREAS, NPPGov has instituted a cooperative purchasing program under which v member Participating Agencies may reciprocally utilize competitively solicited Master Price Agreements awarded by the Lead Contracting Agency; to N WHEREAS, the Master Price Agreements provide that all qualified government members a of NPPGov may purchase goods and services on the same terms, conditions and pricing as v the Lead Contracting Agency, subject to applicable local and state laws of the Participating c Agencies; 0 4- WHEREAS, the parties agree to comply with the requirements of the Intergovernmental C a) Cooperation Act as may be applicable to the local and state laws of the Participating 0, Agencies; a J L WHEREAS, the parties desire to conserve and leverage resources, and to improve the a efficiency and economy of the procurement process while reducing solicitation and procurement costs; L 3 WHEREAS, the parties are authorized and eligible to contract with governmental bodies a and Vendors to perform governmental functions and services, including the purchase of v goods and services; and r WHEREAS,the parties desire to contract with Vendors under the terms of the Master Price E Agreements; L 0 L E V League of Oregon Cities IGA Q Packet Pg. 31 DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A 8.C.a NOW, THEREFORE, the parties agree as follows: z ARTICLE 1: LEGAL AUTHORITY a c Each party represents and warrants that it is eligible to participate in this Agreement E because it is a local government created and operated to provide one or more governmental a functions and possesses adequate legal authority to enter into this Agreement. w c ARTICLE 2: APPLICABLE LAWS 0 U The procurement of goods and services subject to this Agreement shall be conducted in ,o accordance with and subject to the relevant statutes, ordinances, rules, and regulations w that govern each parry'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 m by their legal counsel to ensure compliance with all local and state solicitation requirements. c� ARTICLE 3: USE OF BID, PROPOSAL OR PRICE AGREEMENT ~ m o� N a. A "procuring party" is defined as the Lead Contracting Agency or any Participating Agency that desires to purchase from the Master Price v Agreements awarded by the Lead Contracting Agency. c as b. Each procuring party shall be solely responsible for their own purchase of 0` goods and services under this Agreement. A non-procuring party shall not be o 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 a procuring parties harmless from any liability that may arise from action or L inaction of the procuring party. a a� 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. a 0 0 d. The exercise of any rights or remedies by the procuring party shall be the exclusive obligation of such procuring party. a� E 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 'o 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 c solicitation requirements under state law or local policies. a� E League of Oregon Cities IGA Q Packet Pg. 32 DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A 8.C.a a� M z ARTICLE 4: PAYMENT OBLIGATIONS a c The procuring party will make timely payments to Vendors for goods and services received E in accordance with the terms and conditions of the procurement. Payment for goods and a services, inspections and acceptance of goods and services ordered by the procuring party w shall be the exclusive obligation of such procuring parry. Disputes between procuring parry c and Vendor shall be resolved in accordance with the law and venue rules of the state of the a) E procuring party. °; L 0 ARTICLE 5: COMMENCEMENT DATE w 3 M This Agreement shall take effect after execution of the "Lead Contracting Agency Endorsement and Authorization" or "Participating Agency Endorsement and Authorization," as applicable. a) m ARTICLE 6: TERMINATION OF AGREEMENT A U This Agreement shall remain in effect until terminated by a party giving 30 days written notice to "Lead Contracting Agency" to N ARTICLE 7: ENTIRE AGREEMENT v This Agreement and any attachments, as provided herein, constitute the complete c Agreement between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. 0` 4- 0 ARTICLE 8: CHANGES AND AMENDMENTS as This Agreement may be amended only by a written amendment executed by all parties, L except that any alterations, additions, or deletions of this Agreement which are required by a changes in Federal and State law or regulations are automatically incorporated into this N Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. a a ARTICLE 9: SEVERABILITY 0 U 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, E which shall continue in full force and effect. L a� 0 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 E PROPER AGENCY IF REQUIRED BY LOCAL OR STATE LAW. League of Oregon Cities IGA Q Packet Pg. 33 DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A 8.C.a a� rn M z LEAGUE OF OREGON CITIES ENDORSEMENT AND AUTHORIZATION c as E The undersigned acknowledges, on behalf of the League of Oregon Cities ("Lead 2- Contracting Agency") that he/she has read and agrees to the general terms and conditions w set forth in the enclosed Intergovernmental Cooperative Purchasing Agreement regulating c use of the Master Price Agreements and purchase of goods and services that from time to E 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 ,o amendments thereto made available by the League of Oregon Cities will be provided to w Participating Agencies and NPPGov to facilitate use by Participating Agencies. J N 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. m A The undersigned affirms that he/she is an agent of the League of Oregon Cities and is duly v authorized to sign this League of Oregon Cities Endorsement and Authorization. to OacuSigned by: 0) N Date: 3/26/2020 m 38C546F88B9143E... tSY: U ITS: c a� League of Oregon Cities Contact Information: 0` 0 Contact Person: Mike Culley Address: 1201 Court St NE#200, Salem, OR 97301 a Telephone No.: 503-588-6550 J L Email: mculley@orcities.org a a� v, L 3 Q 0 0 U r c m E c L 0 0) L E V League of Oregon Cities IGA 1 Q Packet Pg. 34 DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A 8.C.a a� PARTICIPATING AGENCY z ENDORSEMENT AND AUTHORIZATION a The undersigned acknowledges, on behalf of City of Kent ("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 w Agreements and purchase of goods and services that from time to time are made available c by the Lead Contracting Agency to Participating Agencies locally, regionally, and 0 E nationally through NPPGov. 0 L 0 The undersigned further acknowledges that the purchase of goods and services under the w 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 m orders, disputes, invoicing and payment. A The undersigned affirms that he/she is an agent of the City of Kent and is duly v authorized to sign this Participating Agency Endorsement and Authorization. to N City of Kent Date: BY: Dana Ralph c.� ITS: Mayor c as Participating Agency Contact Information: 0` 0 Contact Person: Derek Kammerzell,Asst Chief Address: City of Kent Police Department M 220 Fourth Avenue South J L Kent,WA 98032 a Telephone No.: 253-856-5800 N Email: dkammerzell@kentwa.gov L 3 Q 0 0 U r c m E c L 0 L E V League of Oregon Cities IGA Q Packet Pg. 35 DocuSign Envelope ID:6168B5EA-9E79-416C-AB12-B3E7DA82EDEC 8.C.b LEAGUE OF OREGON CITIES MASTER PRICE AGREEMENT G N •L 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 Q ("LOC" or "Purchaser") and CURTIS BLUE LINE ("Vendor"). y N RECITALS L WHEREAS, the Vendor is in the business of selling certain LAW ENFORCEMENT EQUIPMENT, as a further described herein; and E 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 w r c WHEREAS, through a solicitation for LAW ENFORCEMENT EQUIPMENT the Vendor was awarded the opportunity to complete a Master Price Agreement with the LEAGUE OF OREGON CITIES as a result of its response to Request for Proposal No. 2010 for LAW ENFORCEMENT EQUIPMENT; and ,° c w 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 � aD c 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, 3 dba First Responder GPO, dba Law Enforcement GPO and dba NPPGov; m 2 t NOW, THEREFORE, Vendor and Purchaser, intending to be legally bound, hereby agree as follows: ARTICLE 1 — CERTAIN DEFINITIONS a� N d 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 3 Purchaser's Request for Proposal No. 2010 (herein "RFP") and Vendor's Proposal submitted in response to m the RFP (herein "Vendor's Proposal") as referenced and incorporated herein as though fully set forth N r (sometimes referred to collectively as the "Contract Documents"). U 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. o J 1.3 "Employee Taxes" shall mean all taxes, assessments, charges and other amounts whatsoever o payable in respect of, and measured by the wages of, the Vendor's employees (or subcontractors), as N required by the Federal Social Security Act and all amendments thereto and/or any other applicable federal, a state or local law. c 1.4 "Purchaser's Destination" shall mean such delivery location(s) or destination(s) as Purchaser may prescribe from time to time. r r Q Packet Pg. 36 DocuSign Envelope ID:6168B5EA-9E79-416C-AB12-B3E7DA82EDEC 8.C.b 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. N L 1.6 "Purchase Order" shall mean any authorized written order for Products and Services sent bye°, Purchaser to Vendor via mail, courier, overnight delivery service, email, fax and/or other mode of transmissioi a as Purchaser and Vendor may from time to time agree. N N N 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 2- federal, state or local unemployment insurance law or regulation. a r c 1.8 "National Purchasing Partners" or"(NPP)" is a subsidiary of two nonprofit health care systems. E 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 include: w participating public entities across North America. as E 1.9 "Lead Contracting Agency" shall mean the LEAGUE OF OREGON CITIES, which is the a) governmental entity that issued the Request for Proposal and awarded this resulting Master Price Agreement ,° c w 1.10 "Participating Agencies" shall mean members of National Purchasing Partners for which Vendoi 3 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" c under the terms of this Agreement. d 1.11 "Party" and "Parties" shall mean the Purchaser and Vendor individually and collectively as m applicable. T tU ARTICLE 2 —AGREEMENT TO SELL rn N 2.1 Vendor hereby agrees to sell to Purchaser such Products and Services as Purchaser may orde c from time to time by Purchase Order, all in accordance with and subject to the terms, covenants and S 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 m Agreement. N 3 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. o 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 N greater degree, and if the products meet the requirements of the solicitation. No products may be added to a avoid competitive procurement requirements. LOC may reject any additions without cause. c 2.3 All Purchase Orders issued by Purchaser to Vendor for Products during the term (as hereinafter E 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 r meet the Purchaser or Vendor contract requirements. In the event that the provisions of this Agreement Q conflict with any Purchase Order issued by Purchaser to Vendor, the provisions of this Agreement shall 2 Packet Pg. 37 DocuSign Envelope ID:6168B5EA-9E79-416C-AB12-B3E7DA82EDEC 8.C.b 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 N Agreement, any Purchase Order, or any transactions occurring pursuant hereto or thereto, unless this o Agreement shall be specifically amended to adopt such other terms and conditions in writing by the Parties. a 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 y 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 2 sole discretion, Products and Services that are identical or similar to the Products and Services described in a this Agreement from any third party. E 2.5 In case of any conflict or inconsistency between any of the Contract Documents, the document: •3 shall prevail and apply in the following order of priority: w r c (i) This Agreement; (ii) The RFP; a) (iii) Vendor's Proposal; 0 c w 2.6 Extension of contract terms to Participating Agencies: 3 J 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 m Participating Agency will be exclusively responsible for and deal directly with Vendor on matter: 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 aE a result of the access and utilization of this Agreement by other Participating Agencies. as 2.6.2 This Solicitation meets the public contracting requirements of the Lead Contractin, m Agency and may not be appropriate under or meet Participating Agencies' procurement law, .y Participating Agencies are urged to seek independent review by their legal counsel to ensur compliance with all local and state solicitation requirements. c 2.6.3 Vendor acknowledges execution of a Vendor Administration Fee Agreement wit NPPGov, pursuant to the terms of the RFP. 0 J O 2.7 Oregon Public Agencies are prohibited from use of Products and Services offered under this N Agreement that are already provided by qualified nonprofit agencies for disabled individuals as listed on the a Department of Administrative Service's Procurement List ("Procurement List") pursuant to ORS 279.835-.855 a. 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. M r r Q 3 Packet Pg. 38 DocuSign Envelope ID:6168B5EA-9E79-416C-AB12-B3E7DA82EDEC 8.C.b ARTICLE 3—TERM AND TERMINATION 3.1 The initial contract term shall be for three (3) calendar years from the Effective Date of this Agreement ("Initial Term"). Upon termination of the original three (3) year term, this Agreement shall automatically extend for up to three (3) successive one (1) year periods; (each a "Renewal Term"); provided, °, however, that the Lead Contracting Agency and/or the Vendor may opt to decline extension of the MPA by a providing notification in writing at least thirty (30) calendar days prior to the annual automatic extension anniversary of the Initial Term. y 3.2 Either Vendor or the Lead Contracting Agency may terminate this Agreement by written notice 2 to the other party if the other Party breaches any of its obligations hereunder and fails to remedy the breach a within thirty (30) days after receiving written notice of such breach from the non-breaching party. E ARTICLE 4— PRICING, INVOICES, PAYMENT AND DELIVERY •2 a w 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 0) set forth on Attachment A hereto shall remain fixed for the Initial Term of this Agreement; provided that 0 manufacturer pricing is not guaranteed and may be adjusted based on the next manufacturer price increase. w Pricing contained in Attachment A shall be extended to all NPPGov, Public Safety GPO, First Responder 3 GPO and Law Enforcement GPO members upon execution of the IGA. _J a� c 4.2 Vendor shall submit original invoices to Purchaser in form and substance and format reasonabl, acceptable to Purchaser. All invoices must reference the Purchaser's Purchase Order number, contain an 3 itemization of amounts for Products and Services purchased during the applicable invoice period and any m 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 N kind which Purchaser is required to pay with respect to the sale of Products and Services covered by this c Agreement and all charges for packing, packaging and loading. as 4.4 Except as specifically set forth on Attachments A and F, Purchaser shall not be responsible for m any additional costs or expenses of any nature incurred by Vendor in connection with the Products and N Services, including without limitation travel expenses, clerical or administrative personnel, long distance v telephone charges, etc. ("Incidental Expenses"). c 4.5 Price reductions or discount increases may be offered at any time during the contract term and u shall become effective upon notice of acceptance from Purchaser. o 0 4.6 Notwithstanding any other agreement of the Parties as to the payment of shipping/delivery N costs, and subject to Attachments A, D, and F herein, Vendor shall offer delivery and/or shipping costs a prepaid FOB Destination. If there are handling fees, these also shall be included in the pricing. c 4.7 Unless otherwise directed by Purchaser for expedited orders, Vendor shall utilize such commor 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 r by Vendor for its own account or for the account of any other similarly situated customer of Vendor. Q 4 Packet Pg. 39 DocuSign Envelope ID:6168B5EA-9E79-416C-AB12-B3E7DA82EDEC 8.C.b 4.8 Vendor shall have the risk of loss of or damage to any Products until delivery to Purchaser. Purchaser shall have the risk of loss of or damage to the Products after delivery to Purchaser. Title to Products shall not transfer until the Products have been delivered to and accepted by Purchaser at Purchaser's Destination. 0 0 Q ARTICLE 5— INSURANCE N N N 5.1 During the term of this Agreement, Vendor shall maintain at its own cost and expense (and shal 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 a companies licensed to do business in Oregon and any other state or jurisdiction where Products and Service: 'r- are sold hereunder. Such certificates of insurance shall be made available to the Lead Contracting Agency E 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 w THIS MASTER PRICE AGREEMENT. as 5.2 All insurance required herein shall be maintained in full force and effect until all work or service a) required to be performed under the terms of this Agreement is satisfactorily completed and formally accepted o Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an w insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the Lead 3 Contracting Agency. The insurance policies may provide coverage that contains deductibles or self-insured 3 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 tc ; secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and m unconditional letter of credit. U 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 a� damages are covered by the Workers' Compensation and Employer's Liability or commercial umbrella liability insurance obtained by Vendor pursuant to this Agreement. 3 m 5.4 Insurance required herein shall not be permitted to expire, be canceled, or materially changed N without thirty days (30 days) prior written notice to the Lead Contracting Agency. U ARTICLE 6— INDEMNIFICATION AND HOLD HARMLESS U 6.1 Vendor agrees that it shall indemnify, defend and hold harmless Lead Contracting Agency, its J 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 N limitation, reasonable attorney's fees), suffered directly or indirectly by any of the Indemnitees to the extent of a 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 r r party relating in any way to the obligations of Vendor under this Agreement or Vendor's performance under Q this Agreement, (vi) any Employee Taxes or Unemployment Insurance, or (vii) any claim alleging that the 5 Packet Pg. 40 DocuSign Envelope ID:6168B5EA-9E79-416C-AB12-B3E7DA82EDEC 8.C.b Products and Services or any part thereof infringe any third party's U.S. patent, copyright, trademark, trade secret or other intellectual property interest. Such obligation to indemnify shall not apply where the damage, claim, loss, expense, cost, obligation or liability is due to the breach of this Agreement by, or negligence or G willful misconduct of, Lead Contracting Agency or its officials, directors, employees, agents or contractors. o The amount and type of insurance coverage requirements set forth herein will in no way be construed as r limiting the scope of the indemnity in this paragraph. The indemnity obligations of Vendor under this Article Q shall survive the expiration or termination of this Agreement for two years. y N 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 a INJURIES TO PERSONS OR TO PROPERTY OR LOSS OF PROFITS OR LOSS OF FUTURE BUSINESS c OR REPUTATION, WHETHER BASED ON TORT OR BREACH OF CONTRACT OR OTHER BASIS, EVEN E IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. •2 a w 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- w procuring parties or unrelated purchasing parties harmless from any liability that may arise from action or inaction of the procuring party. � a� c J ARTICLE 7 —WARRANTIES m 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 a� N 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 3 way impair the right of Purchaser to reject nonconforming Products, or to avail itself of any other remedies to m which it may be entitled. N r L 8.2 If any of the Products are found at any time to be defective in material or workmanship, L) 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 o either to (i) return any damaged, non-conforming or defective Products to Vendor for correction or J replacement, or (ii) require Vendor to inspect the Products and remove or replace damaged, non-conforming o or defective Products with conforming Products. If Purchaser elects option (ii) in the preceding sentence and N Vendor fails promptly to make the necessary inspection, removal and replacement, Purchaser, at its option, a may inspect the Products and Vendor shall bear the cost thereof. Payment by Purchaser of any invoice shall m 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. E 8.3 The provisions of this Article shall survive the expiration or termination of this Agreement. r r Q 6 Packet Pg. 41 DocuSign Envelope ID:6168B5EA-9E79-416C-AB12-B3E7DA82EDEC 8.C.b ARTICLE 9—SUBSTITUTIONS Except as otherwise permitted hereunder, Vendor may not make any substitutions of Products, or any c portion thereof, of any kind without the prior written consent of Purchaser. o ARTICLE 10 - COMPLIANCE WITH LAWS a 10.1 Vendor agrees to comply with all Applicable Laws and at Vendor's expense, secure and y 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 a licenses, permits, approvals, authorizations, registrations and certificates. a E 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 w Agreement or performance of its obligations hereunder. as ARTICLE 11 — PUBLICITY/ CONFIDENTIALITY 0) L O 11.1 No news releases, public announcements, advertising materials, or confirmation of same, w concerning any part of this Agreement or any Purchase Order issued hereunder shall be issued or made 3 without the prior written approval of the Parties. Neither Party shall in any advertising, sales materials or in —J any other way use any of the names or logos of the other Party without the prior written approval of the other Party. a) 11.2 Any knowledge or information which Vendor or any of its affiliates shall have disclosed or may m hereafter disclose to Purchaser, and which in any way relates to the Products and Services covered by this T 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 thi Agreement. N ARTICLE 12 - RIGHT TO AUDIT m c J Subject to Vendor's reasonable security and confidentiality procedures, Purchaser, or any third party 0 retained by Purchaser, may at any time upon prior reasonable notice to Vendor, during normal business m hours, audit the books, records and accounts of Vendor to the extent that such books, records and accounts N 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. o 0 0 N ARTICLE 13 - REMEDIES a 2 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 E remedies under Applicable Law, including without limitation, equitable relief. The provisions of this Article sha M survive the expiration or termination of this Agreement. r Q 7 Packet Pg. 42 DocuSign Envelope ID:6168B5EA-9E79-416C-AB12-B3E7DA82EDEC 8.C.b ARTICLE 14 - RELATIONSHIP OF PARTIES Vendor is an independent contractor and is not an agent, servant, employee, legal representative, partner or joint venture of Purchaser. Nothing herein shall be deemed or construed as o creating a joint venture or partnership between Vendor and Purchaser. Neither Party has the power or authority to bind or commit the other. a ARTICLE 15 - NOTICES y 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 a nationally recognized overnight courier to the address specified below: E If to Lead Contracting Agency: a w LEAGUE OF OREGON CITIES 1201 Court St. NE Suite 200 a) U Salem OR 97301 0 ATTN: Jamie Johnson-Davis w Email: rfp@ORCities.org 3 J If to Vendor: J CURTIS BLUE LINE 185 Lennon Lane m Suite 110 T Walnut Creek CA 94598 ATTN: Nick Lawrence Email: NLawrence(@_LNCurtis.com N Either Party may change its notice address by giving the other Party written notice of such change in the manner specified above. as ARTICLE 16 - FORCE MAJEURE m M Except for Purchaser's obligation to pay for Products and Services delivered, delay in performance or non-performance of any obligation contained herein shall be excused to the extent such failure or non- performance is caused by force majeure. For purposes of this Agreement, "force majeure" shall mean any cause or agency preventing performance of an obligation which is beyond the reasonable control of either o Party hereto, including without limitation, fire, flood, sabotage, shipwreck, embargo, strike, explosion, labor J 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 N obtaining raw materials, supplies or transportation. A Party affected by force majeure shall promptly provide a notice to the other, explaining the nature and expected duration thereof, and shall act diligently to remedy the 2 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. M r r Q 8 Packet Pg. 43 DocuSign Envelope ID:6168B5EA-9E79-416C-AB12-B3E7DA82EDEC 8.C.b 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 o 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 a 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. y ARTICLE 18 - PARTIES BOUND; ASSIGNMENT a 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 E notice to Purchaser which shall not be unreasonably withheld or delayed. a w ARTICLE 19 - SEVERABILITY as To the extent possible, each provision of this Agreement shall be interpreted in such a manner as to a) be effective and valid under Applicable Law. If any provision of this Agreement is declared invalid or 0 unenforceable, by judicial determination or otherwise, such provision shall not invalidate or render w unenforceable the entire Agreement, but rather the entire Agreement shall be construed as if not containing 3 the particular invalid or unenforceable provision or provisions and the rights and obligations of the Parties —J shall be construed and enforced accordingly. c J ARTICLE 20 - INCORPORATION; ENTIRE AGREEMENT 3 m 20.1 All the provisions of the Attachments hereto are hereby incorporated herein and T 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 rn an interpretation is not possible, the provisions set forth in the main body of this Agreement shall control. as 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 3 all prior written and oral agreements or understandings relating to such subject matter. m ARTICLE 21 - HEADINGS U Headings used in this Agreement are for convenience of reference only and shall in no way be used tc construe or limit the provisions set forth in this Agreement. o J ARTICLE 22 - MODIFICATIONS 0 N This Agreement may be modified or amended only in writing executed by Vendor and the Lead a Contracting Agency. The Lead Contracting Agency and each Participating Agency contracting hereunder 2 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 E modification of this Agreement as between Vendor and any Participating Agency shall not be deemed a M modification of this Agreement for the benefit of the Lead Contracting Agency or any other Participating r Agency. Q 9 Packet Pg. 44 DocuSign Envelope ID:6168B5EA-9E79-416C-AB12-B3E7DA82EDEC 8.C.b 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 o Participating Agency exists, without regard to its choice of law provisions. Q ARTICLE 24 - COUNTERPARTS This Agreement may be executed in counterparts all of which together shall constitute one and the L same Agreement. a r c IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year last writter below. .3 2- a PURCHASER: w c GacuSigned by: E Signature: _ U 38C54BF8880143E... Printed Name: Mike Cully w 3 Title: Executive Director j LEAGUE OF OREGON CITIES a� Dated: 5/26/2020 3 m T) U VENDOR: a� DocuSigned by: N Signature: � t '105BA01D37894D8... J Printed Name: Nick Lawrence ' m Title: Director, special Programs 3 CURTIS BLUE LINE v Dated: 5/26/2020 c U O J O O N Q d C N E t V R r r Q 10 Packet Pg. 45 DocuSign Envelope ID:6168B5EA-9E79-416C-AB12-B3E7DA82EDEC 8.C.b ATTACHMENT A to Master Price Agreement by and between VENDOR and PURCHASER. N •L PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES°, a CBL's price schedule includes two separate pricing approaches: y as 1. Pricing for customers located in the forty-eight contiguous states and Alaska (FOB: Origin) M z 2. Pricing for the State of Hawaii (FOB: Destination that will be calculated using the following formula: list price less the brand discount plus an estimated freight charge)) a c Generally, CBL is offering prices that are equal to our Most Favored Customer prices for items that are E included in our GSA contract to maintain compliance with the terms and conditions of our contractual agreement with the General Services Adminstration.For those products not included in our GSA contract, w CBL's proposed prices are generally better than the prices CBL typically offers to our most favored = customer. E E 4) CBL's Pricing Schedule is based upon a fixed percentage (%) off marked prices defined within each of c the individual suppliers' catalog included in the "Current Catalog" section of Vendor's proposal: w 3 Cur+Bl:G60tis Blue Line Product .. J League of • • a) c dBrand Product Description Discount Category Number Galvion Body Armor 20 1A m ProTech/Safariland Body Armor 20 1A Safariland Body Armor Body Armor 30 1A ESS Protective Gear 25 1 B ti Hatch/Safariland Protective Gear 20 1B rn Invisio Protective Gear Net 1 B Monadnock/Safariland Protective Headgear 15 1 B TCI/Safariland Protective Gear 5 1 B ASP Handcuffs and Restraints 20 1C Safariland Handcuffs and Restraints 20 1c m ASP Less Lethal Equipment 20 1 D N DefenseTech Less Lethal Equipment Net 1 D V Hogue Less Lethal Equipment 5 1D Monadnock/Safariland Less Lethal Equipment Net 1 D M Leupold Surveillance Equipment Net 1 E V Night Vision Devices Surveillance Equipment Net 1E Steiner Surveillance Equipment Net 1E Zistos Surveillance Equipment Net 1 E N Forensics Source Investigations& Evidence Equipment Net 9G Q IL Broco Tactical Equipment 8 1H CMC Tactical Equipment 10 1H Paratech Tactical Equipment 2 1H E Safariland Tactical Equipment 20 1H Streamlight Tactical Equipment 40 1H r Invisio Communications, Radios, and GPS Net 11 Q 11 Packet Pg. 46 DocuSign Envelope ID:6168B5EA-9E79-416C-AB12-B3E7DA82EDEC 8.C.b TCI/Safariland Communications, Radios,and GPS 5 11 Blauer Traffic Safety and Control Equipment 30 11 m Dicke Safety Products Traffic Safety and Control Equipment 5 11 1- Streamlight Traffic Safety and Control Equipment 40 11 t ASP Training and Safety Equipment 20 1 K Q Federal Signal Vehicle Equipment 20 1 L Bates Duty Gear 5 2A Blackhawk Duty Gear 30 2A z Danner Duty Gear 20 2A 2 Edward Garments Duty Gear 5 2A a First Tactical Duty Gear 20 2A Midway Caps Duty Gear 5 2A E Safariland Duty Gear 30 2A Q- Samuel Broome Duty Gear 5 2A CT Under Armor Duty Gear 25 2A W Vertx Duty Gear 30 2A m 5.11 Uniforms 20 2B E m Blauer Uniforms 30 2B >' 0 Fechheimer Uniforms 30 2B Propper Uniforms 30 2B w Spiewak Uniforms 30 2B J Blackinton Badges and ID Cards 10 2C d Hero's Pride Badges and ID Cards 10 2C S J 5.11 Concealment and plainclothes 20 2D Propper Concealment and plainclothes 30 2D m Under Armor Concealment and plainclothes 25 2D N IE Vertx Concealment and plainclothes 30 2D 5.11 Eyewear 20 2E V ESS Eyewear 25 2E m Revision Eyewear 20 2E N Under Armor Eyewear 25 2E 5.11 Bags 20 2F c Vertx Bags 30 2F J m SOG Firearms 25 3A EOTech Firearms Accessories 10 3B m N ESS Firearms Accessories 25 3B Sig Sauer Ammunition &Training ammunition Net 3C Surefire Shooting Range Gear 25 3D Benchmade Knives 25 3E M Gerber Knives 30 3E V O TCI/Safariland Tools for Weapons and Ammunition 5 3F J 0 Paratech Specialty Tools 2 4A c N Pricing contained in this Attachment A shall be extended to all NPPGov members upon execution of the Intergovernmental Agreement. c as Participating Agencies may purchase from Vendor's authorized dealers and distributors, as applicable, E provided the pricing and terms of this Agreement are extended to Participating Agencies by such dealers and u distributors. Vendor's authorized dealers and distributors, as applicable, are identified in a [list, link found at a http j, as may be updated from time to time. [A current list may be obtained from Vendor.] 12 Packet Pg. 47 DocuSign Envelope ID:6168B5EA-9E79-416C-AB12-B3E7DA82EDEC 8.C.b ATTACHMENT B as to Master Price Agreement by and between VENDOR and PURCHASER. 0 0 Q ADDITIONAL SELLER WARRANTIES N N N 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. a. r c as E a .3 a w r c m E a) U L 0 W 3 J N C J d 3 m N 1` 7 tU ti m rn N d C J d 3 m N 1` 3 U c U O J O O N Q a. C N E t V R r r Q 13 Packet Pg. 48 DocuSign Envelope ID:6168B5EA-9E79-416C-AB12-B3E7DA82EDEC 8.C.b ATTACHMENT C as to Master Price Agreement by and between VENDOR and PURCHASER. 0 0 Q PARTICIPATING AGENCIES N N N 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 purchas( Products and Services. Vendor must work directly with any Participating Agency concerning the placement of a 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. E a .3 Any subsequent contract entered into between Vendor and any Participating Agency shall be w 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 a) Agency to purchase Products and Services from the Vendor in accordance with each Participating Agency's o legal requirements as if it were the "Purchaser" hereunder. w 3 J N C J d 3 m N 1` 7 tU ti m rn N d C J d 3 m N 1` 3 U c U O J O O N Q a. C N E t V R r r Q 14 Packet Pg. 49 DocuSign Envelope ID:6168B5EA-9E79-416C-AB12-B3E7DA82EDEC 8.C.b ATTACHMENT D to Master Price Agreement by and between VENDOR and PURCHASER. N L 0 Vendor's Proposal a (The Vendor's Proposal is not attached hereto.) (The Vendor's Proposal is incorporated by reference herein.) y L a. E Q W d E 0) V L O W 3 J N C J d 3 m N 1` 7 U ti m rn N d C J d 3 m N 1` 3 U c U O J O O N Q a. C N E t V R r r Q 15 Packet Pg. 50 8.C.b CURTIS BLUE LINE March 1,2020 LOC Public"Law Enforcement Equipment"#2010 League of Oregon Cities o c/o Procurement Coordinator 1201 Court St.NE a Suite 200 Salem, OR 97301 N M z Reference: League of Oregon Cities RFP No. 2010 for "Law Enforcement Equipment" 2- Subject: Curtis Blue Line's Proposal Submission a' c m Dear Colleagues, a Curtis Blue Line (CBL) is a company whose principal purpose is to be a distinguished leader in the field of tr UJ supplying products and services to America's Law Enforcement Agencies.We are pleased to submit this proposal to the League of Oregon Cities in response to the referenced solicitation. m We would like to re-introduce CBL and state that should our Company be awarded a contract;it is our commitment that CBL's performance will meet or exceed all requirements and expectations for Law Enforcement Equipment. w CBL provides our customers with exceptional products, customer service, and product support covering an 3 extremely broad-based product catalog.CBL has Customer Service Operations and Retail Stores located in Boise, M ID,Kent,WA,Phoenix,AZ, Tigard, OR, Salt Lake City,UT, and West Sacramento, CA. c Working with our manufacturing partners, CBL's proposal to the LOC/NPPGov has been thoughtfully prepared to ensure full compliance to solicitation requirements while offering the lowest possible prices, consistent with m the terms and conditions of our legacy contracts. CBL agrees to comply with all applicable terms,conditions,and provisions contained within the solicitation and understands that all terms and conditions contained within the 3 solicitation will be part of any subsequent contract that may be executed between the LOC/NPPGov and CBL. c� CBL's offer is valid for a period of 90 days after the referenced solicitation's closing date of March 9, 2020. ti m rn A brand new consolidated state-of-the-art warehousing facility, providing CBL customers with a complete suite of Integrated Logistics Services, is located in Salt Lake City, UT. Should CBL be awarded a contract, customer service and product support will be provided by personnel in CBL's Salt Lake City Customer Service Operations Center: m L.N. Curtis& sons — v Curtis Blue Line M t 1635 Gramercy Road ME tom v l_ Salt Lake City,UT 84104 "'RT'� p Telephone: (801) 349-1150 o o J, �f N Q a A great source of corporate pride and import, CBL held the previous contract with the NPPGov Public Safety- E GPO (Contract VH11589 for Law Enforcement Equipment). Since the launch of this contract, the Company has z experienced significant increase in customer acceptance of this "piggy-back"contract mechanism. r Q (800)443-3556 (toll free)♦ (510)839-5111 (direct)♦(510)839-0219 (facsimile) L.N. Curtis &sons ("Curtis")...a family of companies serving America's First Responders LNCurtis.com ♦CurtisBlueLine.com♦CurtisForceProtection.com ♦ ECMSinc.biz♦ FireBooks.com Packet Pg. 51 8.C.b CBL's Corporate Mission(why we do what we do): "CBL and the Company's parent, L.N. Curtis & sons, provide critical products and services that enable our nation's first responders to safely accomplish their missions and return home to family and friends" N L CBL's proposal to the LOC/NPPGov has been prepared to ensure full compliance to solicitation requirements. 0 We have assembled a team from our stable of manufacturers to form a robust compilation of product catalogs to Q support law enforcement-related operations. The purpose of our proposal is to provide an array of the most common products used by members of America's various Law Enforcement Agencies. N M The following table summarizes the number of brands,by product category,that are included in CBL's proposal. L Curtis Blue Line Product •• a League • Oregon tt 1 1 "Law Enforcement Equipment" E Q. Product Description Category #BrandsNumber 3 LU Body Armor 1A 3 = m Protective Gear 1 B 5 E L Handcuffs and Restraints 1C 2 �O c Less Lethal Equipment 1D 4 W Surveillance Equipment 1 E 4 J Iv Investigations& Evidence Equipment 1G 1 S J Tactical Equipment 1 H 5 4) m Communications, Radios, and GPS 11 2 rn Traffic Safety and Control Equipment 11 3 V Training and Safety Equipment 1 K 1 ti m Vehicle Equipment 1 L 1 N Duty Gear 2A 10 J Uniforms 2B 5 Badges and ID Cards 2C 2 m A Concealment and plainclothes 2D 4 V Eyewear 2E 4 c Bags 2F 2 M U Firearms 3A 1 0 Firearms Accessories 3B 2 c N Ammunition&Training Ammunition 3C 1 a Shooting Range Gear 3D 1 c Knives 3E 2 E Tools for Weapons and Ammunition 3F 1 Specialty Tools 4A 1 Q Tools for Heroes since 1929 Packet Pg. 52 8.C.b Kevin Krause, CBL's Director of Law Enforcement Sales,will manage all LOC/NPPGov-related sales and sales support activities. Mr. Krause will have the full support of our manufacturers during the contract's period of performance. Mr. Krause can be reached at(209) 879-3110,or via email,KKrause@CurtisBlueLine.com. N Aaron Clough,Manager of CBL's Law Enforcement Section located at CBL's Salt Lake City Customer Service `o Operations Center, will provide all LOC/NPPGov-related quotes, order entry and post-sales customer support to ensure effective, efficient and rapid response to customer inquiries, on-time delivery, and timely post-sales Q customer support. Mr. Clough can be reached at (800) 426-0509 (toll free), or via email, AClough@ CurtisBlueLine.com. w M z The undersigned will be the point-of-contact for all issues related to this offer or for any contract related issues or 2 discussions. a Finally,L.N. Curtis&sons and CBL appreciate the opportunity to submit the attached proposal to the League m of Oregon Cities/NPPGov and their membership. _Q Sincerely, w m E m ick La ence ,o c , Special Programs w Curtis National Account Manager 3 L.N. Curtis& sons d c J d 7 m N 7 U r` m O N d _ J 7 m N 7 U _ M U O J O T O N Q IL _ a� E z U r Q Tools for Heroes since 1929 Packet Pg. 53 8.C.b CURTIS BLUE LINE TABLE OF CONTENTS N •L 0 r TABLE OF CONTENTS................................................................................................... Q y INTRODUCTION & EXECUTIVE SUMMARY...................................................................1 PROPOSED PRODUCTS & SERVICES 3 r QUALIFICATIONS ........................................................................................................5 E EXCEPTIONS TO THE SOLICITATION, RFP #1920...........................................................6 a w PRICING SCHEDULE (ATTACHMENT "D") .....................................................................7 r PROPOSER PROFILE WORKBOOK (ATTACHMENT "B").................................................9 L 4- CURRENT CATALOGS.................................................................................................24 w SCOPEOF WORK.......................................................................................................26CU J SIGNEDADDENDA ....................................................................................................30 r- J CERTIFICATIONS........................................................................................................31 0 m U ti co N d C J d 3 m N r L U c U O J O O N n d C E L V fC r r Q (800)443-3556 (toll free) (510)839-5111 (direct)♦(510)839-0219 (facsimile) L.N. Curtis &sons ("Curtis")...a family of companies serving America's First Responders LNCurtis.com ♦CurtisBlueLine.com♦CurtisForceProtection.com ♦ ECMSinc.biz♦ FireBooks.com Packet Pg. 54 8.C.b CURTIS Page 1 of 34 BLUE LINE INTRODUCTION & EXECUTIVE SUMMARY N L Curtis Blue Line (CBL) is a company whose principal purpose is to be a distinguished leader in the field of 0 supplying products and services to America's Law Enforcement Agencies. Q CBL provides the Company's customers with product support, customer service, and products covering an rn extremely broad-based product catalog. CBL's Customer Service Operations Centers are located in Boise, ID, N Kent,WA,Phoenix,AZ, Tigard, OR, Salt Lake City,UT,and West Sacramento,CA. z L CBL is fully qualified to provide consistently superior service to the League of Oregon Cities and to the a' participating members of the National Purchasing Partners (NPP). A great source of corporate pride and import, c CBL holds the previous contract with the NPPGov Public Safety-GPO(Contract VH11589 for Law Enforcement E Equipment). Since the launch of this contract, the Company has experienced significant increase in customer a acceptance and utilitization of this"piggy-back"contract mechanism. 0, w Should CBL be awarded a contract,customer service and product support will be provided by personnel in CBL's = Salt Lake City's Customer Service Operations Center. This facility consists of a retail store,product support and E customer service personnel, and a brand new consolidated state-of-the-art warehousing facility, providing CBL customers with a complete suite of Integrated Logistics Services: ,o c Curtis Blue Line w 1635 Gramercy Road J Salt Lake City,UT 84104 Telephone: (801) 349-1150 a� m A c.� ti — c m 1� 111� H - ! CURTIS J m �f N M U O Curtis Blue Line's Corporate Mission (why we do what we do): 0 "Curtis Blue Line provides critical products and services that enable our nation's Law Enforcement N Officers to safely accomplish their mission and return home to family and friends" Q n c a� E z r Q (800)443-3556 (toll free) (510)839-5111 (direct)♦(510)839-0219 (facsimile) L.N. Curtis &sons ("Curtis")...a family of companies serving America's First Responders LNCurtis.com ♦CurtisBluel-ine.com♦CurtisForceProtection.com ♦ ECMSinc.biz♦ FireBooks.com Packet Pg. 55 8.C.b Page 2 of 34 CBL's offer includes the following brands: includedBrands .. .. _ League of Oregon Cities/NPPGov e 2010"Law Enforcement Equipment" N 5.11 `o ASP Bates Q Benchmade ' N Blackhawk Blackinton M t Blauer L Broco a CIVIC Danner DefenseTech E a Dicke Safety Products CT Edward Garments w EOTech ESS Fechheimer aa) Federal Signal U `o First Tactical Forensics Source W Galvion Gerber J Hatch/Safariland c Hero's Pride Hogue 3 Invisio m Leupold An Midway Caps Monadnock/Safariland V Night Vision Devices r` Paratech ot°i Propper ProTech/Safariland a) c Revision Safariland Safariland Body Armor m Samuel Broome Sig Sauer 3 SOG V Spiewak Steiner ns Streamlight U Surefire TCI/Safariland Under Armor N Vertx Q Zistos IL c All products included in CBL's proposal are available to the League of Oregon Cities membership located in the E thirteen Western States of Montana, Wyoming, Colorado, New Mexico, Arizona, Utah, Idaho, Washington, Oregon, Nevada, California, Alaska, Hawaii, and to all other states as may be acceptable to our manufacturing r partners,without limitations. Q Tools for Heroes since 1929 Packet Pg. 56 8.C.b CURTIS Page 3 of 34 BLUE LINE PROPOSED PRODUCTS & SERVICES CBL's business is characterized by the diverse structure of the Company's customer base. CBL's ability to N compete,thrive,and grow in such a diverse and demanding marketplace is a result of a corporate commitment to 0 always do the right thing,right...an approach to life that is shared by each member of the CBL Team. Providing equipment and services for our nation's law enforcement officers is CBL's business...the company's Q only business! To serve the League of Oregon Cities' region-wide customer base, CBL has a comprehensive product line representing the very best that the law enforcement industry sector has to offer. Although our"line 0 card," as evidenced in the following listing is robust, if a police department or other related agency/member customer identifies a need requiring a product that CBL does not currently carry,using our industry-wide contacts, 3 we will find it and provide it quickly! a Contracts and agreements are in-place with many of the nation's premier manufacturers of emergency response E equipment, including the suppliers listed in the following table. Our arrangements with supplier-partners have c. been augmented with long-standing, strong, and mutually beneficial business relationships. Our relationships 0, enable CBL to martial manufacturing resources in quick response to product demand spikes resulting from w unforeseen disasters or to support contingency operations. Of course, CBL will provide only new and unused products representing the most current version of the manufacturer's product lines. E m The following table introduces CBL's team and their respective products that are included in CBL's proposed c program is organized by the solicitation's four product categories: c uj 3 M ProductCurtis Blue Line .. J N League of Oregon Cities/NPPG• • 2010"Law Enforcement Equipment" C J CategoryBrand Product Description Product Category Number Galvion Body Armor 1A Equipment rn ProTech/Safariland Body Armor 1A Equipment V Safariland Body Armor Body Armor 1A Equipment ESS Protective Gear 1 B Equipment m Hatch/Safariland Protective Gear 1 B Equipment N Invisio Protective Gear 1 B Equipment d Monadnock/Safariland Protective Headgear 1 B Equipment J TCI/Safariland Protective Gear 1B Equipment m ASP Handcuffs and Restraints 1C Equipment 00 Safariland Handcuffs and Restraints 1C Equipment In ASP Less Lethal Equipment 1D Equipment DefenseTech Less Lethal Equipment 1D Equipment V Hogue Less Lethal Equipment 1D Equipment c Monadnock/Safariland Less Lethal Equipment 1D Equipment M U Leupold Surveillance Equipment 1 E Equipment O Night Vision Devices Surveillance Equipment 1 E Equipment c Steiner Surveillance Equipment 1 E Equipment N Zistos Surveillance Equipment 1 E Equipment Q Forensics Source Investigations&Evidence Equipment 1G Equipment a Broco Tactical Equipment 1H Equipment CIVIC Tactical Equipment 1H Equipment Paratech Tactical Equipment 1H Equipment t Safariland Tactical Equipment 1H Equipment Streamlight Tactical Equipment 1H Equipment Q (800)443-3556 (toll free)♦ (510)839-5111 (direct)♦(510)839-0219 (facsimile) L.N. Curtis &sons ("Curtis")...a family of companies serving America's First Responders LNCurtis.com ♦CurtisBlueLine.com♦CurtisForceProtection.com ♦ ECMSinc.biz♦ FireBooks.com Packet Pg. 57 8.C.b Page 4 of 34 ProductCurtis Blue Line . . League of • •. . • 2010 N • Product Description Product •• O Invisio Communications, Radios, and GPS 11 Equipment Q TCI/Safariland Communications, Radios, and GPS 11 Equipment Blauer Traffic Safety and Control Equipment 1J Equipment N Dicke Safety Products Traffic Safety and Control Equipment 1J Equipment M z Streamlight Traffic Safety and Control Equipment 1J Equipment 2 ASP Training and Safety Equipment 1 K Equipment a Federal Signal Vehicle Equipment IL Equipment c Bates Duty Gear 2A Uniforms and Accessories E Blackhawk Duty Gear 2A Uniforms and Accessories 2- Danner Duty Gear 2A Uniforms and Accessories t LU Edward Garments Duty Gear 2A Uniforms and Accessories = First Tactical Duty Gear 2A Uniforms and Accessories Midway Caps Duty Gear 2A Uniforms and Accessories Safariland Duty Gear 2A Uniforms and Accessories `o Samuel Broome Duty Gear 2A Uniforms and Accessories c Under Armor Duty Gear 2A Uniforms and Accessories W 3 Vertx Duty Gear 2A Uniforms and Accessories J 5.11 Uniforms 2B Uniforms and Accessories d Blauer Uniforms 2B Uniforms and Accessories cS Fechheimer Uniforms 2B Uniforms and Accessories Propper Uniforms 2B Uniforms and Accessories IM Spiewak Uniforms 2B Uniforms and Accessories N Blackinton Badges and ID Cards 2C Uniforms and Accessories 3 Heroes Pride Badges and ID Cards 2C Uniforms and Accessories V 5.11 Concealment and plainclothes 2D Uniforms and Accessories r` m Propper Concealment and plainclothes 2D Uniforms and Accessories N Under Armor Concealment and plainclothes 2D Uniforms and Accessories Vertx Concealment and plainclothes 2D Uniforms and Accessories 5.11 Eyewear 2E Uniforms and Accessories ESS Eyewear 2E Uniforms and Accessories 00 Revision Eyewear 2E Uniforms and Accessories N Under Armor Eyewear 2E Uniforms and Accessories 5.11 Bags 2F Uniforms and Accessories C) Vertx Bags 2F Uniforms and Accessories SOG Firearms 3A Weapons and Ammunition `° U EOTech Firearms Accessories 3B Weapons and Ammunition p ESS Firearms Accessories 3B Weapons and Ammunition J 0 Sig Sauer Ammunition&Training ammunition 3C Weapons and Ammunition c Surefire Shooting Range Gear 3D Weapons and Ammunition N Q Benchmade Knives 3E Weapons and Ammunition IL Gerber Knives 3E Weapons and Ammunition TCI/Safariland Tools for Weapons and Ammunition 3F Weapons and Ammunition d Paratech Specialty Tools 4A Other t r Q Tools for Heroes since 1929 Packet Pg. 58 8.C.b CURTIS Page 5 of 34 BLUE LINE QUALIFICATIONS CBL is fully qualified to provide consistently superior service to the League of Oregon Cities and to the i participating members of the National Purchasing Partners (NPP). In addition to our many large contracts with 0 city and state agencies, CBL continues to perform on the previous contract with the NPPGov Public Safety-GPO Q (contract for law enforcement equipment). The Company has experienced significant increase in customer acceptance and utilization of this "piggy-back"contract mechanism. With an average of over twenty-five years of experience,the individuals who are supporting and participating in this program are each an expert in their respective fields. The following table summarizes the qualifications of CBL's Team on the proposed program: a c m E .2- Curtis Blue LinePersonnel W r� Responsibilities C d E Paul Curtis Curtis CEO; Support& Strategic Direction 0 L 0 Kevin Krause CBL General Manager; Sales Manager w Aaron Clough Customer Service&Retail Sales J Nick Lawrence Director Special Programs(National Account Manager) c J Lane Crister Tactical Product Specialist m Doug Hussey Technical Support v ti m rn N CBL's Management Team is supported by several dozen Salespeople, Customer Service Representatives, and Product Support Specialists and Technicians. CBL's Sales and Customer Support Teams consist of highly trained J and motivated men and women who are completely dedicated to provide superior support to our nation's law enforcement officers. op U c M U O J O T O N Q a c a� E z r Q (800)443-3556 (toll free) (510)839-5111 (direct)♦(510)839-0219 (facsimile) L.N. Curtis &sons ("Curtis")...a family of companies serving America's First Responders LNCurtis.com ♦CurtisBlueLine.com♦CurtisForceProtection.com ♦ ECMSinc.biz♦ FireBooks.com Packet Pg. 59 8.C.b CURTIS Page 6 of 34 BLUE LINE EXCEPTIONS TO THE SOLICITATION, RFP #2010 N �L CBL takes no exceptions to the requirements contained within League of Oregon Cities RFP Number 2010, other 0 than the possibility of desiring to negotiate, on a case-by-case basis, a reduced Contract Administration Fee. Q N N N t V L a. E Q W cd C 0) V L O W 3 J N C J d 3 m N 1` 7 tU ti m rn N d C J d 3 m N 3 U c U O J O O N Q d C N E t V R r r Q (800)443-3556(toll free) (510)839-5111 (direct) (510)839-0219(facsimile) L.N. Curtis&sons ("Curtis")...a family of companies serving America's First Responders LNCurtis.com ♦Curtis BlueLine.com♦Curtis Force Protection.com ♦ ECMSinc.biz♦ FireBooks.com Packet Pg. 60 8.C.b CURTIS Page 7 of 34 E3LUE LINE PRICING SCHEDULE (ATTACHMENT "D") N •L NOTE: "ATTACHMENT D:PRICING SCHEDULE"contains competition sensitive data. This data is not to 0 be released to parties not associated with the LOC, the NPPGov, or other entities involved in proposal Q evaluation activities. N CBL's price schedule includes two separate pricing approaches: v, 1. Pricing for customers located in the forty-eight contiguous states and Alaska(FOB: Origin) 2. Pricing for the State of Hawaii(FOB: Destination) a r c Generally, CBL is offering prices that are equal to our Most Favored Customer prices for items that are included in our GSA contract to maintain compliance with the terms and conditions of our contractual agreement with the .2- General Services Adminstration.For those products not included in our GSA contract,CBL's proposed prices are generally better than the prices CBL typically offers to our most favored customer. w c CBL's Pricing Schedule is based upon a fixed percentage (%) off marked prices defined within each of the E individual suppliers' catalog included in the"Current Catalog"section, starting on page 24 of this proposal): U L O W Blue Line 3 Product .. ca League of • • 2010 J c CategoryJ • Product Description • y Number3 Galvion Body Armor 20 1A m ProTech/Safariland Body Armor 20 1A Safariland Body Armor Body Armor 30 1A tU ESS Protective Gear 25 1 B Hatch/Safariland Protective Gear 20 1 B m rn Invisio Protective Gear Net 1 B Monadnock/Safariland Protective Headgear 15 1 B TCI/Safariland Protective Gear 5 1 B ASP Handcuffs and Restraints 20 1C 3 Safariland Handcuffs and Restraints 20 1C pp ASP Less Lethal Equipment 20 1 D N DefenseTech Less Lethal Equipment Net 1 D 3 Hogue Less Lethal Equipment 5 1 D V Monadnock/Safariland Less Lethal Equipment Net 1 D Leupold Surveillance Equipment Net 1 E U Night Vision Devices Surveillance Equipment Net 1 E 0 Steiner Surveillance Equipment Net 1 E o Zistos Surveillance Equipment Net 1 E o N Forensics Source Investigations& Evidence Equipment Net 1G Q Broco Tactical Equipment 8 1 H d CIVIC Tactical Equipment 10 1 H c Paratech Tactical Equipment 2 1 H E Safariland Tactical Equipment 20 1H t Streamlight Tactical Equipment 40 1 H r Invisio Communications, Radios, and GPS Net 11 Q (800)443-3556(toll free)♦(510)839-5111 (direct) (510)839-0219(facsimile) L.N. Curtis&sons ("Curtis")...a family of companies serving America's First Responders LNCurtis.com ♦CurtisBlueLine.com♦Curtis Force Protection.com ♦ ECMSinc.biz♦ FireBooks.com Packet Pg. 61 8.C.b Page 8 of 34 Cur+B1:G60tis Blue Line Product .. League of • • 2010"Law Enforcement Equipment" Cate• .. • . • t Number TCI/Safariland Communications, Radios, and GPS 5 11 Q Blauer Traffic Safety and Control Equipment 30 11 Dicke Safety Products Traffic Safety and Control Equipment 5 11 N Streamlight Traffic Safety and Control Equipment 40 11 M z ASP Training and Safety Equipment 20 1 K 2 Federal Signal Vehicle Equipment 20 IL a Bates Duty Gear 5 2A Blackhawk Duty Gear 30 2A E Danner Duty Gear 20 2A 2- 0 Edward Garments Duty Gear 5 2A t LU First Tactical Duty Gear 20 2A c Midway Caps Duty Gear 5 2A E Safariland Duty Gear 30 2A Samuel Broome Duty Gear 5 2A `o Under Armor Duty Gear 25 2A c Vertx Duty Gear 30 2A w 3 5.11 Uniforms 20 2B J Blauer Uniforms 30 2B d Fechheimer Uniforms 30 2B S J Propper Uniforms 30 2B Spiewak Uniforms 30 2B IM Blackinton Badges and ID Cards 10 2C N Hero's Pride Badges and ID Cards 10 2C 3 5.11 Concealment and plainclothes 20 2D V Propper Concealment and plainclothes 30 2D r, m Under Armor Concealment and plainclothes 25 2D N Vertx Concealment and plainclothes 30 2D 5.11 Eyewear 20 2E ESS Eyewear 25 2E Revision Eyewear 20 2E Under Armor Eyewear 25 2E m 5.11 Bags 20 2F Vertx Bags 30 2F t� SOG Firearms 25 3A c EOTech Firearms Accessories 10 3B M U ESS Firearms Accessories 25 3B p Sig Sauer Ammunition &Training ammunition Net 3C J 0 Surefire Shooting Range Gear 25 3D c Benchmade Knives 25 3E N Q Gerber Knives 30 3E a TCI/Safariland Tools for Weapons and Ammunition 5 3F Paratech Specialty Tools 2 4A d E t r Q Tools for Heroes since 1929 Packet Pg. 62 8.C.b CURTIS Page 9 of 34 BLUE LINE PROPOSER PROFILE WORKBOOK (ATTACHMENT "B") 1.0 GENERAL QUESTIONS: 0 Z Section 1.1 only to be completed by vendors with a national presence;i.e. vendors with a sales territory in 25 Q states or more. d 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. L ✓ Do you have a national sales force adequate in size to meet the demands of multiple agencies and their a unique needs for the products and services listed herein? Yes No m a ✓ Do you have a national distribution network that will support sales resulting from this RFP? tr Yes No w m ✓ Can you provide product availability to meet the requirements for materials and services listed herein for m government and nonprofit agencies nationwide in a timely manner? Yes No w ✓ Does your ompany have the ability to provide toll-free telephone/fax access,and an online presence? 3 Yes No a) c ✓ Can you provide a single point of contact(National Account Manager)to interact with the lead agency J and NPPstaff? d 0 Yes No pp A ✓ Are you a strong competitor in the industry with a minimum of three consecutive years of demonstrated 3 success in all business practices and pursuits? V es No ti m rn 1.2 Provide at least three references of government agencies within the United States that have purchased products/services from Proposer similar to those specified in this solicitation within the last year. If proposed products/services are new to market,please use most similar business references available. Include: Agency name and address Contact name,phone and email m Description ofproducts/services sold and date. Agency name and Defense Logistics Agency General Services Admin Defense Logistics Agency address (DLA Troop Support) (GSA) (DLA Troop Support) Contact name, Carolyn Zdunkiewicz Ralph Hunter Ashley T.Nixon phone and email P:(215)737-8329 P:817-850-8149 P:215-737-4848 carol n.zdunkiewicz dla.mil ral h.hunter @gsa.gov Ashley. ixon dla.mil V Description of Products include a wide array Products include firefighting Products include a wide array 0 products/services of firefighting equipment,tools, and rescue equipment,PPE, of firefighting equipment, o sold and PPE,aircraft/crash rescue, law enforcement and tools,and PPE used before, c hazardous material response, security equipment,special during,and after N emergency medical services, purpose clothing,and related WILDLAND Fire fighting d homeland security,and equipment and services. operations by the United domestic preparedness. Re:GS-07-F-0043L States Fire Service. Re:SPM8EH-I4-D-0006;Oct Oct 2020-present(2°d,20- Re: SPE8EH-14-D-0006; 2013-Sep 2018 year contract) May 2014-Sep 2018 E t v M r Q (800)443-3556 (toll free)♦ (510)839-5111 (direct)♦(510)839-0219 (facsimile) L.N. Curtis &sons ("Curtis")...a family of companies serving America's First Responders LNCurtis.com ♦CurtisBlueLine.com♦CurtisForceProtection.com ♦ ECMSinc.biz♦ FireBooks.com Packet Pg. 63 8.C.b Page 10 of 34 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. N L 0 No response offered Q 1.4 OPTIONAL:Attach any case studies,white papers and/or testimonials supporting your company and y products/services. y M z No response offered a 2.0 ABOUT PROPOSER: m E 2.1 State of incorporation: California Q- 2.2 Federal Tax Identification Number: 94-1214350 w m 2.3 If applicable to the product(s)and/or service(s),describe the Proposer's ability to conduct E-commerce or online E ordering. [Insert response in box below] 0 c w During Curtis' and CBL's operating experience,the company has improved its distribution processes through continuous technological change and adaptation.Technical adaptations have focused primarily on information systems and processing—the introduction and implementation of innovative electronic order entry processing and management control techniques and technologies. J CBL's eCommerce Storefront and eCommerce Catalog allows customers to connect to CBL's system in real time using the Internet to search CBL's product catalog,place orders,check the status of orders,check product pricing m and availability,and review account information. N r_ CBL's electronic order entry system provides customers with 24-hour service,support,and sales. The company's j eCommerce storefront is a fully integrated,multi-channel sales and customer self-service portal solution that offers CBL's trading partners and customers the ability to place orders. Some of the features of CBL's eCommerce m Storefront include: N • Quick and secure customer access a) • Real-time order entry system J • Email order confirmation m CBL's commercial catalog is included in our eCommerce Storefront,in a searchable online format with links to pp images,documents,and products. CBL's eCommerce Catalog provides customers with the latest product N information,pricing,and availability on a World Wide Web storefront. Additional features of CBL's eCommerce Catalog include: U • An attribute-based system,used to search for products • Additional fields of information for searching U • Unlimited links from the catalog records to images,specification documents,and page references 0 As the state of the art of the ITS for this contract evolves,CBL stands ready to adapt to any IT-related updates as c T may be required to accommodate the needs of the Loc/NPPGov membership. N CBL's electronic ordering system enables customers to efficiently conduct all procurement procedures online.The Q a online platform provides customers,who prefer to conduct their buying process online,with the convenience (24/7/365 ordering);control(personalized search);and choice(selection and presentation of information)offered by the state-of-the-art ecommerce solutions platform. CBL's internet commerce platform(www.CurtisBlueLine.com)is online and live and provides our customers with M online access to our product and services catalogue.Customers are able to gather product information,submit product c�v inquiries,and place orders. Q Tools for Heroes since 1929 Packet Pg. 64 8.C.b Page 11 of 34 2.4 Describe Proposer's system for processing orders from point of customer contact through delivery and billing. [Insert response in box below CBL Procedures for Processing Orders (other than "walk-in" business conducted at any of CBL's retail i stores) t CBL has developed straight forward procedures for order processing.Our order handling procedures are consistently Q applied to process routine,urgent,and emergency orders,product returns,and discrepant orders.Order processing is fully integrated into our automated distribution software platform. This electronic system provides our sales, marketing, purchasing, accounting, and management with real time order status, while tracking inventory and 0 shipping status. L ORDERS a Delivery order is considered issued upon receipt of order by mail,telephone,or facsimile,or email. c ORDER PROCESSING m E The following flow charts illustrate how CBL's processes orders from entry through fulfillment,invoicing and post- 3 sales support w After an order is received, CBL uses a simple and consistent series of procedures for processing customer orders. _ The sourcing determination, made by the Customer Service Manager during the customer purchase order review process, is the primary factor made to determine the specific path to be taken by our staff while processing each individual order: `o c Customer Service Order Review Order Entry&confirm flow down LV Rep(CSR)receives 3 PO to supplier(s) M J N C Sourcing? J d 7 m An CBL ships order Multi-Source F Factory ships order 7 Shipment V Order Scheduling & Delivery r, m Order scheduling at CBL is based upon one of two customer requirements. CBL's typical commercial customer N requests product delivery per product availability as specified by the supplier. CBL accommodates both scheduling requirements efficiently and effectively using our distribution software and consistent status reviews of all active c orders. Order Confirmation Customer orders are confirmed by CBL after the Customer Service Manager has reviewed the customer purchase o0 order (customer information, product and quantity requirements, pricing and availability, and the existence of any N special requirements from the customer)and entered the order into our distribution software tracking system. 3 Not-In-Stock Conditions V It is expected that not-in-stock conditions for core items will be extremely rare;however,it is prudent that CBL have c procedures to handle these occurrences. CBL will handle not-in-stock product orders by determining lead times `° necessary to complete the order, contacting the ordering activity, and advising current lead time of product. O Concurrently,CBL will offer alternative in-stock substitute products of equal or higher quality and at equal value for i 0 customer consideration. c Partial Delivery/Back Order Procedures N CBL will always strive to ship the entire order complete and on time.However, if CBL is in a low stock position on a a particular product and the customer will accept a substitute item and accept a partial delivery, the order will be processed during CBL's pre-order set-up to ensure that all items possible will be shipped either direct from our supplier or from one of the CBL warehouses in order to provide the level of service our customer requests. Back-orders are tracked via the Company's ERP system and reports generated showing"non-fills"until the order is t shipped complete. r Partial deliveries and back orders status are provided to the customer on a regular basis until the order is filled. Q Tools for Heroes since 1929 Packet Pg. 65 8.C.b Page 12 of 34 Order Billing CBL will submit invoices only after receiving assurances that our customer's requirements have been met. Once the order has been shipped complete and all required activities specified within the order have been accomplished,CBL will submit invoices as required by the order. N L O Payment for Goods Received CBL extends payment terms of net thirty(30)days from date of invoice. Q 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 M Agreement(VAA),a copy of which is available upon request from the LOC. Insert response in box below 0 CBL will employ the same control processes that have been successfully employed by CBL to monitor and control a every sale made on all of our previous and current COOP contracts. }, c For example, GSA is very serious about GSA contractors selling products that are not on the contract to GSA's E customers under the GSA"banner"; selling to a customer not authorized to buy from the GSA contracts;and, selling Q- GSA-authorized products to GSA customers at prices higher than authorized. tr w Our control processes, in-place and thoroughly tested, have passed numerous performance audits performed by the GSA to ensure our performance is in full compliance to very stringent GSA contract requirements. E These same processes, controls, and operational procedures have been and will continue to be implemented i immediately upon contract award to ensure full compliance to sales tracking,reporting,and pricing requirements. ,o c Additionally, with our Enterprise Resource Planning System (Oracle-NetSuite), our ability to submit accurate and w timely reports is exceptional. J CBL will ALWAYS welcome a review or audit by NPPGov staff of sales orders to ensure trust is developed between c the organizations and that the NPPGov maintains confidence in CBL's Management Control Processes. J 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 pp As a very competitive small business that successfully competes against larger companies, CBL is intimately aware W that small businesses can often provide faster,more efficient and satisfactory customer-focused support than what is typical of large organizations. Therefore, it is CBL policy to develop and utilize to the greatest extent possible, U suppliers of quality product and services provided by historically underutilized businesses. ti m Small Business, Small Disadvantaged Business, Women-Owned Small Business, Service-Disabled Veteran-Owned N Small Business,Veteran-Owned Small Business,Minority-Owned Small Business,and HUBZone Businesses account for an increasing segment of CBL suppliers. CBL's goal is to develop and more fully utilize these businesses as c suppliers and business partners. J a) CBL views the LOC NPPGov contracts as a platform with which to provide new opportunities to underutilized m businesses.However,given the critical life-support functions performed by a majority of CBL's proposed product A catalog,the ability to source THE BEST and MOST RELIABLE products must necessarily take precedence over any E concerns about business entity-type. U 2.7 Proposer acknowledges compliance with Davis Bacon wage requirements where labor is concerned by indicating "yes"or"no"below. U Yes 0 2.8 By submitting a Proposal in response to this RFP,Proposer agrees,if applicable,to comply with all applicable c provisions of Title 2, Subtitle A,Chapter II,PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS,COST N PRINCIPLES,AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. §200 et seq. a Indicate"yes"or"no"below. g Yes d 2.9 Complete Exhibit 1,located at the end of this workbook. E z n: Completed(refer to page 23 of this proposal) Q Tools for Heroes since 1929 Packet Pg. 66 8.C.b Page 13 of 34 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] N L All products included in this CBL proposal are available to the LOC/NPPGov membership located in the thirteen t Western States of Montana,Wyoming,Colorado,New Mexico,Arizona,Utah,Idaho,Washington,Oregon,Nevada, Q California,Alaska,Hawaii,and other states as may be acceptable to our manufacturing partners,without limitations. , CBL may provide products outside the 13 states listed based on manufacturer approval. N M 3.LA Is it your intent to offer the proposed products and/or services through a designated distribution/dealer network, � indicate"yes"or"no"below? a YES M NO 0 E a 3.2 Provide Proposer's shipping and delivery policy,including standard delivery time and any options and costs for 0 expedited delivery and return policies. Insert response in box below w m SHIPPING POLICY: CBL's transportation strategy is to streamline the global supply chain by out-sourcing all E transportation activities to providers whose sole business is to provide logistics and shipping services. CBL outsources all transportation logistics to established logistics providers who employ state-of-the-art technologies ,o focused on zero defect shipping performance. In addition to local regional carriers, CBL utilizes Federal Express, _ w UPS,DHL,YRC,USPS,Roadway Express,USF Corporation,and other well-known,global carriers. 3 This combination of well-established internal processes,highly trained technicians,and efficient carriers combine to � establish CBL as a highly reliable distributor. Over 99%of CBL's deliveries are made error free. c CBL charges no handling fees and never adds profit onto shipping and transportation costs. J a) DELIVERY TIME: Delivery times will vary, by manufacturer and brand from in-stock and shipment within 24 hours for certain pieces of equipment to 90 days for customized equipment. For URGENT or EMERGENCY m A requirements,CBL will work with our manufacturer(s)to expedite deliveries.Normally,our supplier partners do not charge for expedited shipments;however,CBL will advise the customer of all expedite fees whenever a manufacturer requires such fees be paid. V RETURN POLICY: CBL strives to maintain the highest level of customer service. CBL will refund or exchange your purchase within the following guidelines: • Items must be returned in new,unused condition • Items that have been used, damaged, or not purchased through www.CurtisBlueLine.com or at a CBL Operation Center/retail outlet will not be refunded • All items must be returned within 30 days of receipt m A • Any item desired to be returned after that date is subject to review by CBL,and may be non-returnable Custom Order Items and Clearance Items are non-returnable. A 20%re-stocking fee may be charged for any non- C) stock or special-order items. Subject to acceptance by CBL and the manufacturer. Items purchased on www.CurtisBlueLine.com can be returned by bringing it into one of our locations, or can be M returned by mail,by following these steps: O J • Contact our customer service department at 877-488-0469 or customerservice@CurtisBlueLine.com to c request a return or exchange. o N • A Return Goods Authorization(RGA)will be given and is required for the return of all goods. Q 0. • Return the merchandise by Prepaid Mail to the address specified on the RGA. Make sure you include a g copy of the RGA with the merchandise being returned, along with the original packing slip (we also recommend that you keep a copy of the RGA for your records). a) CBL reserves the right to reject any and all returns.All returns are subject to review upon receipt of the merchandise z and an inspection.Items received in condition other than originally shipped may be rejected.All refunds are issued via original payment. Q Tools for Heroes since 1929 Packet Pg. 67 8.C.b Page 14 of 34 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] N L O CBL will not enter into any subcontracting agreements in performance of the required statement of work. Q 3.4 What is Proposer's backorder policy?Is your policy to classify as"immediate or cancel"(requiring the N Participating Agency to reorder if item is backordered)or"good until cancelled"? [Insert response in box below] z L It is expected that not-in-stock conditions for the most popular items used by law enforcement will be extremely rare; c however,it is prudent that CBL has procedures to handle these occurrences,should they occur. E a CBL will handle not-in-stock product orders by determining lead times necessary to complete the order, contacting 0 tr the ordering activity, and advising current lead time of product. Concurrently, CBL will offer alternative in-stock w substitute products of equal or higher quality that are included in the CBL proposed product catalog and at equal value c for customer consideration. CBL's customers are not required to reorder if an item is backordered. E m 3.5 Indicate whether the Proposer has any dealer or distributors that are authorized to fulfil purchases? `o c Yes No w 3 M 3.6 If answered yes to 3.5,include a copy of or link to authorized dealers or distributors. d c J Not Applicable 4) m A 4.0 MARKETING: V r, m 4.1 Outline Proposer's plan for marketing the Products and Services to the Participating Agencies on a local and national N 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 c J As with our current PublicSafety and FireRescue-GPO-related contracts,CBL's sales teams will continue to target the areas with greatest population densities because population densities typically correlate directly with the m number of serving police officers.However,our outside sales and inside sales(customer service representatives) A teams will also target potential agency participants in less congested areas as the agency's near-term procurement 3 plans are identified. V Specifically,immediately after contract award,our marketing department will announce the award on our web- M site and other on-line public forums in which we participate with our customers. V O Additionally,CBL's marketing department will prepare NEW marketing collateral for distribution by our sales c teams and through eblast notifications to targeted customers(customers with near-term,open requirements). This c collateral will explain the cooperative purchasing opportunity that is available to our customers through the new N contract,and how,using this new contract the public agency may purchase a wide variety of products and services a while saving time,man-power,and money. We also renew a dedicated commitment to support the NPPGov in marketing campaigns and industry conferences to advertise the cooperative purchasing opportunities made available to the LoC/NPPGov membership and to potential t new members via the new contract. U r Q Tools for Heroes since 1929 Packet Pg. 68 8.C.b Page 15 of 34 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] N L As previously discussed in section 4.1, CBL' marketing department will prepare NEW marketing collateral for t distribution by our sales teams and through eblast notifications to targeted customers.This collateral will explain the cooperative purchasing opportunity that is available to our customers through the new contract, and how,using this Q new contract the public agency may purchase a wide variety of products and services while saving time,man-power, and money. 0 Marketing collateral will be provided to the CBL Sales Teams during a contract kick-off(K/O) meeting (kick-off i meetings[virtual or physical presence]are standard operating procedures when CBL is awarded a major new contract). a LOC and NPPGov Personnel are encouraged to attend these K/O meetings whenever possible to establish relationships with CBL personnel and to make sure all necessary information is exchanged. Subjects covered during CBL's K/O meetings include program/contract introduction and overview;brands,prices Q- and discounts offered;rules of engagement(contract terms and conditions);procedures for quotes,order entry and post-sales support;and,any other program-specific information that will help the sales force gain understanding of w and motivation to exploit the opportunities afforded by the new contract. E m L 4.3 Indicate the Proposer's willingness to allow training to its local and national sales force about the use of the Master Price Agreement. Insert response in box below i j 3 CBL welcomes the training and partnership to ensure successful contract execution. � d c Should CBL be honored by receiving a contract in response to this proposal,CBL requests that a Kick-Off meeting J be held with NPPGov personnel at the appropriate NPPGov facility for the purposes of discussing lessons learned on the current contract between the FR-GPO and CBL and to review CBL's marketing plan.Members of CBL's senior pp management,sales and operations staff would attend the proposed NPPGov-CBL Kick-Off Meeting.Further,CBL A will schedule training to allow our sales force the use of the Master Price Agreement. 3 V r, 5.0 POINT OF CONTACT: rn N Proposer POC who will administer,coordinate,and manage this program with NPPGov and the LEAGUE OF OREGON CITIES: J m Contact Person: Nick Lawrence Title: Director, Special Programs op Mailing Address: 185 Lennon Lane,Suite 110 City: Walnut Creek State&Zip: CA 94598 Email Address: NLawrence LNCurtis.com V Phone#: 510 499-4112 Fax#: 510 839-0219 c Attach current resume of National Account Manager that will be the POC managing this contract. M U O J O T O N Q IL c a� E z r Q Tools for Heroes since 1929 Packet Pg. 69 8.C.b Page 16 of 34 H.R. NICK LAWRENCE, MBA, MS m Professional Experience ^' L O L.N. CURTIS&SONS Director, Special Programs Q • Responsible to identify,target,plan,and pursue strategic new business opportunities • Responsible for the implementation of new programs/strategic contracts z SPECTRASWITCH,INC. 2 Founder, President/CEO a • Started,built,and ran the high-technology start-up company;secured new government SBIR contracts and more than c $30 million in venture funding to establish the business • Recruited,motivated,and trained more than 150 employees in the areas of finance,accounting,engineering,product Q. development,sales,marketing,operations,and human resources .3 • Developed complex business organizations with multiple departments and several product lines w • Managed technology development and product commercialization of the first solid-state optical switch for telecom = sector • Created and implemented marketing and sales programs,technology research,strategic planning,finance management, new business development,and business direction `o • Cultivated and established strategic relationships with key suppliers and offshore manufacturing facilities c • Worked with Venture partners to establish offering that led to successful purchase of technology by a larger w corporation J DISPLAYS&TECHNOLOGIES,INC. c General Manager J • Turned around high-technology start-up company that was losing more than 20%on sales • Returned company to profitability within 12 months;reduced debt and brought accounts receivables current;repaid pp penalties that accounted for 10%of sales A • Delivered results by reorganizing management team,implementing new training programs,establishing new company- wide operating program management procedures,and streamlining manufacturing and operations V • Prepared and presented offering that led to successful purchase of company by a large corporation ti m FMC Corporation— N Program Management • Managed corporations advanced Research&Development J United States Army— Unit Commander m • Managed top-rated organizations with over$50 million of complex equipment and more than 100 soldiers during N critical,high-pressure situations for the U.S.Army V EDUCATION c M MARYMOUNT UNIVERSITY,Arlington,Virginia U0 Master of Business Administration J 0 T VIRGINIA TECH,Blacksburg,Virginia N Master of Science in Engineering a UNITED STATES MILITARY ACADEMY,West Point,New York Bachelor of Science in Engineering E t r Q Tools for Heroes since 1929 Packet Pg. 70 8.C.b Page 17 of 34 6.0 CUSTOMER SUPPORT SERVICES: Explain Proposer's policy regarding each of the following if applicable to product(s)and/or service(s): N L 6.1 Auditing for order completeness. Insert response in box below o t CBL takes great pride ensuring the highest quality standards are met in all facets of the business and that the right Q product will arrive,in the correct quantities,when needed. Senior management is tasked to ensure that all procedures are followed.CBL only promotes the highest quality products from its world class suppliers. N M z Other assurances include: • Always double-checking orders prior to processing to ensure that products delivered comply with ALL order a requirements c • Ensuring that all products will meet applicable industry standards E • Double-checking goods prior to being packed for shipment Q- • Reviewing invoices before submitting • Maintaining an active job,product,and safety training program for all employees w • Assisting customer inspectors during source inspections,as deemed necessary by the buyer E 6.2 Replacement policy(i.e.,damaged or defective goods). Insert response in box below i 0 If CBL or one of our manufacturing partners made a shipping or processing error,or the customer received damaged i j goods;our staff will ship replacement product immediately,if the item is in CBL stock,or we will work with the 3 manufacturer to ensure the item is replaced expeditiously.(see section 6.14 for additional related information) � d c 6.3 Minimum order requirement(e.g.,Individual item vs. case lot). Insert response in box below J d CBL's proposed product catalog includes manufacturers who do not require a minimum order(other than pp purchasing 1 unit of measure [e.g.,each,pair,kit). A 6.4 Customer service hours/da s of o eratio FInsert response in boxes below U Monday: Tuesday: Wednesday: Thursday: Friday: Saturday: Sunday: ti lam- lam- lam- lam- lam- Call"Hot Line" Call"Hot Line" rn 4:30pm 4:30pm 4:30pm 4:30pm 4:30pm d *CBL receives emergency orders 24/7/365 via fax,email,electronic ordering,or,if preferred,customers can use our "after hours HOT LINE"(888.950.6677)to make contact with a senior CBL manager or contact their local salesperson J for emergency response and assistance. 00 6.5 Special Orders. Insert response in box below U CBL coordinates special orders with the customer(to ensure CBL develops a full and accurate understanding of customer requirements),and the manufacturer(to ensure the manufacturer develops a full and accurate understanding M of customer requirements and is able to translate those requirements into a cost-effective product,as quickly as UO possible).Once a special order is received,CBL uses the same consistent series of procedures for processing 0 "normal"orders. o T 0 N 6.6 Post sale services issues. Insert response in box below Q IL CBL Customer Service will support the LoC/NPPGov Program in several critical areas of post-sales activity, including: • Outside Sales—provides face-to-face,in person customer contact for sales and marketing activities;product E (technical and sales)information;on-site service activities;and monitoring of customer satisfaction • Warehousing&Inventory—logistics management and inventory control specialists who ensure the right parts r go to the right customer Q • Marketing Specialists—provides educational information and training on a wide array of Law Enforcement Tools for Heroes since 1929 Packet Pg. 71 8.C.b Page 18 of 34 industry topics;conducts training classes on products and product maintenance and repair procedures;and,offers seminars on specific products and product families and industry-specific standards,specifications and requirements. • Factory-certified Product Technicians—provides in-house and mobile repair and maintenance services; warranty repairs,and annual,or as requested preventative maintenance N L • Personal Protective Equipment and Ensemble Care&Maintenance—Another of Curtis'wholly-owned t subsidiaries,ECMS,Inc.a five-facility operation,provides inspection,cleaning,and repair services of personal protective equipment to all National Fire Protection Association(NFPA)standards Q • Manufacturer Field and Product Technician Teams-CBL has access to supplier specialists and technical teams y for customer support and education N • CurtisCare—CBL provides our customers with training and on-boarding support,inspection,repair and z maintenance services. a 6.7 Repair services,including repair warranty programs,if any. Proposer shall identify,where applicable,authorized c factory repair facilities that will honor the warranty of items on contract. Insert response in box below E E a CBL's factory-certified Product Technicians provide in-house and mobile repair and maintenance services; tr warranty repairs,and annual,or as requested preventative maintenance on many of the brands the Company w represents.For all other brands,CBL always provides the manufacturer's warranty of supplies and extended warranties,for new product. m L 6.8 Technical support services Proposer provides. Insert response in box below c w Should CBL receive a contract in response to this offer,the participating members of the LOC/NPPGov will realize significant benefits in addition to aggressive pricing. d c Every CBL Customer Service&Operation Center house the company's customer and product service J organizations,which consist of the following teams: • Customer Service(Inside Sales)—responds to all customer inquiries;provides immediate quotations;enters pp orders;tracks order status;expedites orders as needed with internal and supplier organizations;proactively A identifies and solves potential problems;manages all corrective action and status tracking for returns and discrepant orders 0 r, • Outside Sales—provides"face-to-face"customer contact for sales and marketing activities;product(technical W CD and sales)information;on-site service activities;and monitoring of customer satisfaction.CBL's experienced sales team is available to all LOC/NPPGov members(within our thirteen-state western region of responsibility)for visits on a regular schedule for technical advice,product presentations,and marketing.We will arrange for support by the manufacturer or the local distributor when on-site support for customers outside of our thirteen states a) geographical region is required. m • Warehousing&Inventory Staff—On-site inventory to enable rapid inventory replenishment for our customers.Plus,logistics management and inventory control specialists who ensure the right parts go to the right V customer,as ordered M • Product Specialists—provides educational information and training on a wide array of industry topics; V conducts training classes on products and product maintenance and repair procedures;and,offers seminars on specific products and product families and industry-specific standards,specifications and requirements. 0 N • Factory-certified Product Technicians—provides in-house and mobile repair and maintenance services; Q warranty repairs,and annual,or as requested preventative maintenance a • Personal Protective Equipment and Ensemble Care&Maintenance—CBL's wholly-owned subsidiary, ECMS,Inc.provides inspection,cleaning,and repair services of personal protective equipment to National Fire t Protection Association 1851 standards r • Manufacturer Field and Product Technician Teams—CBL has access to over 100 supplier specialists and Q Technical teams for customer support and education Tools for Heroes since 1929 Packet Pg. 72 8.C.b Page 19 of 34 • CBL's Customer Service Team—provides a fully integrated process as the company markets,sells, distributes,and supports the thousands of emergency equipment items that it represents.A significant way that CBL manages its business is the close and cooperative nature of the relationship CBL has with all suppliers.This N L mutual commitment helps to ensure full responsiveness to CBL customers,whether their needs are for product, C t training,or service.CBL's approach to customer service,"CurtisCare,"includes customer service activity that precedes the order and extends well beyond order delivery to ensure complete customer satisfaction. Q 6.9 Product substitution policy. [Insert response in box below M z Should CBL experience a significant lead time/delay in fulfilling an order,the customer will be presented with alternative product solutions,if available.The customer will be informed of the situation,the lead time expected to a fulfill the order,alternative product availability including cost,delivery schedule and whether or not the alternate is m included in the LoC/NPPGov contract. E a CBL will immediately honor the customer's decision to accept the delay,replace the delayed item with an alternate tr solution,or cancel the order w m 6.10 Identi trade-in program criteria if applicable). Insert response in box below E m L CBL's proposed program does not include any trade-in program elements. c w 6.11.After hours service(including weekends and holidays) Insert response in boxes below 3 Monday: Tuesday: Wednesday: Thursday: Friday: Saturday: Sunday: d c As required J d Although customer and technical support is available between the hours of 7:00am and 4:00pm,local time,Monday M through Friday at each of our Customer Service Operation Centers, CBL understands that "normal office hours" N has lost all real meaning in the global marketplace. Serving a world-wide customer community spanning all time 3 zones, CBL's customers are able to contact a company representative in any of several ways,twenty-four hours a V day, seven days a week, and three-hundred, sixty-five days a year (24/7/365) to discuss order placement, order ti tracking, problem resolution, and the myriad of other topics that will arise throughout the term of a business relationship.CBL's customers contact company customer sales,service,and technical representatives via telephone, cell phone,email,or facsimile using the contact information listed on our web-site and also included in this section. _ J It is a standard operating procedure that all outside sales representatives and management provide office,cell phone a) numbers,and email addresses to the company's customers.This enables CBL's customers to contact the company's pp sales force directly for sales and service requests 24/7/365. Additionally, using toll-free numbers during "outside-of-normal" business hours or on national holidays, CBL C) representatives are contacted directly or via message service 24/7/365 in order to immediately respond to emergency or non-emergency situations. CBL's representatives will respond to all customer inquiries within 4 hours between M the hours of 7am-4pm(local)Monday through Friday or within 24 hours during non-duty hours or national holidays. V O Customers can use CBL's"after hours HOT LINE"(888.950.6677). 0 T 6.12 Shipment tracking. Insert response in box below N Q IL CBL expedites with our manufacturing suppliers and tracks shipments using each carrier's online tracking and status g reporting systems to ensure that timely deliveries are made.Tracking information and Proof-of-Delivery is required from all suppliers. z 6.13 Back order tracking process. Insert response in box below Q Partial Delivery/Back Order Procedures Tools for Heroes since 1929 Packet Pg. 73 8.C.b Page 20 of 34 CBL will always strive to ship the entire order complete and on time.However,if the order requires drop shipment from multiple suppliers or if CBL is in a low stock position on a particular product and the customer will accept a partial delivery,the order will be processed during CBL's pre-order set-up to ensure that all items possible will be N L shipped either direct from our supplier or from one of CBL's warehouses. t M Back-orders are tracked via the Company's ERP system and reports generated showing"non-fills"until the order is Q shipped complete. y d Partial deliveries and back orders status are provided to the customer on a regular basis until the order is filled. z L 6.14 Return Item process,including any/all associated fees(e.g.,restocking,shipping,turnaround time on returns). a Insert response in box below c m E When an end user alerts CBL of a product return,CBL will coordinate all discrepant resolutions with the customer's Q- buyer. CBL will provide disposition instructions to the customer no later than 7 days after receiving notification of tr that the end user has received discrepant goods. w CBL product return and discrepant shipment procedures are designed to negate any additional effort on the part of the customer other than communicating and assisting in the return of the item while ensuring accurate invoicing. L CBL immediately processes the corrected order upon customer notification of a problem, so that the replacement items are received as quickly as possible without unnecessary delays due to paperwork or other procedural issues. CBL will accept returns and,if the authorized customer still requires the product(s),replace the product(s)under the 3 following conditions: � d a)Incorrect products were shipped = b)Products were damaged in shipment J d c)Products arrived with concealed shipping damages d) Products which are recalled, regardless of level of recall, except when the manufacturer's policy states m otherwise,in which case the manufacturer's disposition instructions will be followed A e) Other returns consistent with the Contractor's normal return policy to include return of excess material V ordered by the customer based on a project estimate. If an end user returns products that have no discrepancies,CBL will not charge a re-stocking fee for items shipped W CD from CBL's stock inventory. If a product must be returned to one of CBL's vendors, CBL will, on behalf of the customer,work closely with the supplier to waive or minimize restocking fees. _ CBL does not charge a re-stocking fee for delinquent orders that are returned or if the customer chooses to cancel the order prior to delivery unless the order was for a custom product and our supplier charges a cancellation or re- a) stocking fee.If the ordering activity/customer does not need replacement of the returned products CBL will notify pp the buyer.The customer then will process a reimbursement action against the CBL for the prompt return of any N expended dollars back to the customer. V _ M 6.15 Electronic billing. Insert response in box below O J O CBL will submit invoices once the order has been shipped complete and all required activities specified within the c order have been accomplished.After fulfillment,CBL will submit invoices in accordance to customer requirements. N Q CBL extends payment terms of net thirty(30)days from date of invoice. a M Typically,invoices are transmitted via email or,in the case of our federal government customers,electronically via iRAPT(federal government's Wide Area Work Flow,WAWF,invoicing system) t r Q Tools for Heroes since 1929 Packet Pg. 74 8.C.b Page 21 of 34 6.16 Explain how Proposer will resolve complaints,issues,or challenges. Insert response in box below CBL has developed a strong history of customer satisfaction because the company has developed a reputation for taking immediate action to resolve problems as they arise. CBL addresses problems using a standard but effective problem-solving technique: N L • Discuss the problem with customer to determine problem's root cause t Z • Develop a plan of action to resolve problem Cif shipping or processing error,or receipt of damagedgood; Q our staff will ship replacement product immediately) • Coordinate resolution with customer • Take action to resolve problem M • Communicate with customer until a satisfactory outcome is achieved • Review internal procedures/policies/training to ensure problem does not recur • During the problem-solving process,CBL encourages customers to participate in the decision-making E processes and action plan development a The CBL Sales Team evaluates customer satisfaction with regular personal visits to each ordering activity and potential ordering activity. The primary responsibilities of CBL's Sales include end-user activity visits,product w training,product research,promotion,and training to ensure total customer satisfaction. Customer service is one of CBL's core strengths.This strength is enabled because CBL maintains a high ratio of customer service representatives to outside sales representatives.Paired with one or more customer service representatives,each member of CBL's Outside Sales Team is assured to be able to respond to customer requirements in a rapid and accurate manner. w 3 M J 6.17 Other services not already covered. Insert response in box below d c J Stores/Warehousing...CBL&Curtis remain one of America's largest stocking distributors of emergency response a) equipment. m CBL&Curtis warehouse facilities total over 60,000 square feet of inventory space with firefighting,search&rescue, y safety,HAZMAT,law enforcement,and emergency equipment on hand. V r, m rn 7.0 DELIVERY AND FREIGHT CHARGES: d 7.1 Identi delivery and/or shipping costs or provide a shipping rate schedule based on weight,item and/or destination �' rY PP� g p Pp g for all items ordered within the continental U.S.(and Hawaii/Alaska).The Proposer shall identify all exceptions to this m shipping rate schedule. Insert response in box below m A CBL price quotes for Hawaiian inquiries will be FOB:Destination that will be calculated using the following 3 formula: list price less the brand discount plus an estimated freight charge.CBL will estimate freight by using the V UPS freight calculator listed at UPS Freight Calculator (https://wwwapps.ups.com/fctc/timeandcost?loc=en_US&ActionOriginPair=SeamlessExperience_StartSession&F V REIGHT TYPE=LTL)or other calculators made publicly available by other shipping companies.CBL will O always seek best value for our customers. c T CBL will provide a quote to all other states in the contiguous 48 plus Alaska requesting to "piggy-back" on any N resulting contract between CBL and the member. CBL quoted prices for shipments to the continental USA plus Q Alaska will be FOB:Origin and will be calculated using the following formula:list price less the brand discount plus a an estimated freight charge. c The customer invoice will include actual freight charges as a separate line item. E z 7.2 Identify policy for transfer of product ownership(delivery)and damage/issue resolution. [Insert response in box Q below Tools for Heroes since 1929 Packet Pg. 75 8.C.b Page 22 of 34 Transfer of ownership from CBL to customer occurs at time of delivery.CBL and/or our carriers will be responsible for damage from pick-up at CBL warehouse or manufacturer's dock(if drop-shipped)though drop-off at customer's N warehouse/point of delivery. o 0 Customer acceptance is expected to be at time of delivery. Customers shall inspect product at time of delivery and notify CBL as soon as possible upon a determination that the product arrived damaged. Q d 0 z 8.0 VENDOR TERMS AND CONDITIONS. 0 a 8.1 Does Proposer re that customers/Participating Agencies agree to standard terms and conditions related to their purchase? C5 No [Circle one] E E a 8.2 If answered yes to 8.1,include a copy of or link to terms and conditions. w Please refer to the attached link which includes standard sales and online purchasing. E https://www.curtisblueline.com/help-terms-conditions 0 c w 3 9.0 WARRANTY INFORMATION: d c 9.1 Identify warranty options,if applicable. [Insert response in box below] J d 0 CBL provides manufacturer warranty of supplies and will offer any extended warranties if available at additional costs. pp The warranties provided under CBL's proposed program will be the same as offered to the public(standard W commercial practice). 0 U r, m rn N d C J 7 m N 7 U C M U O J O T O N Q a c a� E z 0 r Q Tools for Heroes since 1929 Packet Pg. 76 8.C.b Page 23 of 34 Exhibit I LAW ENFORCEMENT EQUIPMENT COVERAGE m N �L O RETAIL,DISTRIBUTION AND SERVICE/SUPPORT LOCATIONS Q Number of retail stores Number of Number of support N in each state9 distribution centers locations in each z in each state? state? a ARIZ c m ONA 1 1 2 E a CALIFORNIA 2 2 4 3 TAH 2 2 4 w ASHINGTON 1 1 2 E m L NOTE: This data does not include other Curtis facilities which are focused in markets not related to the markets served by this program(e.g., fire,force protection,industrial,medical, and education). w 3 M J N C J d 7 m N 7 U r` m O N d C J 7 m N 7 U C M U O J O T O N Q a c a� E z r Q Tools for Heroes since 1929 Packet Pg. 77 8.C.b CURTIS Page 24 of 34 BLUE LINE CURRENT CATALOGS The following table identifies the catalogs forming the pricing basis of this proposal, at the time of submission. i 0 Manufacturers typically publish an updated version on a yearly basis.Pricing offered to membership will be based Z upon any changes in the Manufacturer's Suggested Retail Price (MSRP), as shown in their most current product Q catalog(s). d 0 Curtis Blue Line Product Catalog IL League of L • • +• c Discount E ProductBrand .. tr 5.11 Uniforms 20 511 Tac Spring 1/1/2020 W 5.11 Concealment and plainclothes 20 511 Tac Spring 1/1/2020 5.11 Eyewear 20 511 Tac Spring 1/1/2020 E 5.11 Bags 20 511 Tac Spring 1/1/2020 L ASP Restraints 20 ASP 7/10/2019 ,o ASP Less Lethal Equipment 20 ASP 7/10/2019 j ASP Training and Safety Equipment 20 ASP 7/10/2019 Bates Duty Gear 5 Bates Master UPC 1 Feb 2020 Benchmade Knives 25 Benchmade 1/1/2020 a) c Blackhawk Duty Gear 30 Vista Outdoor Blackhawk 1 Jan 2020 J Blackinton Badges and ID Cards 10 Blackinton 1/1/2020 Blauer Traffic Safety&Control Equipment 30 Blauer 1/1/2020 m Blauer Uniforms 30 Blauer 1/1/2020 N Broco Tactical Equipment 8 Broco Forced Entry 1/1/2020 3 V CMC Tactical Equipment 10 CMC 1/1/2020 Danner Duty Gear 20 Danner 1/1/2020 W DefenseTech Less Lethal Equipment Net Defense Tech 3 Dec 2018 Dicke Safety Products Traffic Safety&Control Equipment 5 Dicke 2020 a) Edward Garments Duty Gear 5 Edward Garments 9/1/2019 J EOTech Firearms Accessories 10 L3 Comm 1/1/2020 a) ESS Protective Gear 25 Eye Safety Sys 4/1/2019 pp ESS Eyewear 25 Eye Safety Sys 4/1/2019 N ESS Firearms Accessories 25 Eye Safety Sys 4/1/2019 Fechheimer Uniforms 30 Fech Flying Cross 1/6/2020 V Federal Signal Vehicle Equipment 20 Federal Amber Units 4/1/2018 First Tactical Duty Gear 20 not yet available V Forensics Source Investigations&Evidence Equipment Net not yet available Galvion Body Armor 20 not yet available o T Gerber Knives 30 Gerber 7/1/2019 c N Hatch/Safariland Protective Gear 20 Safariland/Hatch 5/15/2019 Q Hero's Pride Badges and ID Cards 10 Hero's Pride Reg 5/1/2019 a Hogue Less Lethal Equipment 5 Hogue 1/1/2020 Invisio Protective Gear Net Invisio Product Brosure 6/26/2018 E Invisio Communications Equipment Net Invisio Product Brosure 6/26/2018 t Leupold Surveillance Equipment Net Leupold&Stevens 1/1/2020 cvv Midway Caps Duty Gear 5 Midway Cap 1/1/2020 Q (800)443-3556 (toll free)♦ (510)839-5111 (direct)♦(510)839-0219 (facsimile) L.N. Curtis &sons ("Curtis")...a family of companies serving America's First Responders LNCurtis.com ♦CurtisBlueLine.com♦CurtisForceProtection.com ♦ ECMSinc.biz♦ FireBooks.com Packet Pg. 78 8.C.b Page 25 of 34 ProductCurtis Blue Line .. League of Oregon Cities/NPPGov e 2010"Law Enforcement Equipment" N Product • • •• C Monadnock/Safariland Protective Headgear 15 Safariland/Monadnock 5/15/2019 Q Monadnock/Safariland Less Lethal Equipment Net Safariland/Monadnock 5/15/2019 Night Vision Devices Surveillance Equipment Net not yet available N Paratech Tactical Equipment 2 Paratech Units Parts 1/1/2020 M z Paratech Specialty Tools 2 Paratech Units Parts 1/1/2020 2 Propper Uniforms 30 Propper Clothing 10/1/2019 a Propper Concealment and plainclothes 30 Propper Clothing 10/1/2019 c ProTech/Safariland Body Armor 20 Safariland/ProtechTactArmor 5/15/2019 E Revision Eyewear 20 Revision Tac Eyewear 7/1/2018 Q- Safariland Restraints 20 Safariland NASPO 4/25/2019 CT w Safariland Tactical Equipment 20 Safariland NASPO 4/25/2019 + Safariland Duty Gear 30 Safariland NASPO 4/25/2019 Safariland Body Armor Body Armor 30 Safariland Hard/Soft Armor 4/25/2019 Samuel Broome Duty Gear 5 Samuel Broome Co 1/1/2019 `o Sig Sauer Ammunition&Training ammunition Net Sig Sauer LE-MIL 22Jan2020 c SOG Firearms 25 Spring Sog 1/17/2020 W 3 Spiewak Uniforms 30 Spiewak 2/1/2019 J Steiner Surveillance Equipment Net Steiner Optics 1/1/2020 d Streamlight Tactical Equipment 40 Streamlight 3/1/2019 J Streamlight Traffic Safety&Control Equipment 40 Streamlight 3/1/2019 Surefire Shooting Range Gear 25 Surefire 1/1/2020 pp TCI/Safariland Protective Gear 5 Safariland/TCI 5/15/2019 N TCI/Safariland Communications Equipment 5 Safariland/TCI 5/15/2019 3 TCI/Safariland Tools for Weapons and Ammunition 5 Safariland/TCI 5/15/2019 V Under Armor Duty Gear 25 Under Armor 1/1/2019 ti m Under Armor Concealment and plainclothes 25 Under Armor 1/1/2019 N Under Armor Eyewear 25 Under Armor 1/1/2019 Vertx Duty Gear 30 Fech Vertx 1/6/2020 = Vertx Concealment and plainclothes 30 Fech Vertx 1/6/2020 Vertx Bags 30 Fech Vertx 1/6/2020 Zistos Surveillance Equipment Net Zistos 9/12/2019 m V _ M U O J O T 0 N Q IL _ a� E z r Q Tools for Heroes since 1929 Packet Pg. 79 8.C.b CURTIS Page 26 of 34 BLUE LINE SCOPE OF WORK 2.1 REQUIREMENTS OF PROPOSERS SUBMITTING A RESPONSE: i 0 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. a RESPONSE: CBL's response centered around providing two general areas of evidence to show the Company is properly qualified and prepared to deliver the specified products and services to the League of Oregon Cities members, successful history performing on closely related programs and the construct of a robust product catalog meeting a the needs of today's law enforcement and containing multiple brands and products for the product categories: * The "Qualifications" section provides a record of CBL's historical and on-going success managing similarly c- large and complex programs requring the support to a geographically dispersed and numerically large number of customers requiring a wide array of diverse products. Additionally, the proposed program will be managed by w CBL's most experienced leaders representing general management, program management, sales and marketing, customer service and product support. * The"Executive Summary"and the"Proposed Products and Services"section describe the products and service ,o offerings. w All catalogs included in this CBL proposal are available to the League of Oregon Cities membership located in J the thirteen Western States of Montana, Wyoming, Colorado, New Mexico, Arizona, Utah, Idaho, Washington, a) Oregon,Nevada California Alaska Hawaii and other states as may be acceptable to our manufacturing partners, S g Y p g without limitations. Many of the catalogs may be available outside the states listed as approved by the a) manufacturer. m 2.1.1 PROPOSER COMMITMENTS 0 Each Proposer is required to commit to low pricing,and accurate and timely reporting to NPPGov pursuant to the v reporting requirements identified in the NPPGov Vendor Administration Agreement(available upon request). In m addition,successful Proposer(s)with a national presence must commit to marketing of the Master Price Agreement N nationwide and that the sales force will be trained,engaged and committed to offering NPPGov pricing to member a� government agencies nationwide,including the opportunity for NPPGov to train the Vendor sales staff. J RESPONSE: m CBL's lead-in paragraph to the "Attachment D: Pricing Schedule" (page 7 in this proposal) describes that our m proposed prices are generally better than the prices offered to our most favored customer. The exceptions are for those products contained within our proposal that are also included in our GSA contract. GSA contracts require the contract holder to offer products included on GSA contracts but not sold to GSA customers at prices no lower that the price received by the most favored customer.Exceptions may be made based on dissimilar scope of work. v As described in paragraph 2.5 of"Attachment B: Proposer Profile Workbook" (page 12), CBL will employ the same control processes that have been successfully employed by CBL's corporate parent for over twenty-years to monitor and control every sale made on our GSA contract and all other contracts with similar operational controls, N and sales tracking and reporting requirements. a c d E z 0 r Q (800)443-3556 (toll free) (510)839-5111 (direct)♦(510)839-0219 (facsimile) L.N. Curtis &sons ("Curtis")...a family of companies serving America's First Responders LNCurtis.com ♦CurtisBluel-ine.com♦CurtisForceProtection.com ♦ ECMSinc.biz♦ FireBooks.com Packet Pg. 80 8.C.b Page 27 of 34 1.1.2 PROPOSERS MUST COMPLETE "ATTACHMENT B" — PROPOSER PROFILE WORKBOOK". RESPONSE: N L CBL's completed"Attachment B: Proposer Profile Workbook"beginning on page 9 of this proposal. 0 2.2 PRODUCTS AND SERVICES: Q 2.2.1 Provide a description of the LAW ENFORCEMENT EQUIPMENT offered as set forth in ATTACHMENT C. N The primary objective is for the Proposer(s) to provide the Proposer(s)'s entire catalog of products and services z ("catalog discount") that are responsive to this RFP so that Participating Agencies may order a broad range of i products and services as appropriate for their needs. Anticipated future models and related products/services that a may be offered during the term of the resulting Master Price Agreement should also be in included in Vendor's Proposal. RESPONSE: Q- CBL's Transmittal Letter and the "Proposed Products and Services" section (refer to page 3 of this proposal) w describes the breadth of CBL's proposed program by defining the number of brands, including their complete catalogs,being offered for each of the six product categories: E CBL's offer includes one or more brands for each product category and sub-category: c c • Category 1: Equipment w o IA: Body Armor 0 1B: Protective Gear J d 0 IC: Restraints 5 o 1D: Less Lethal Equipment 0 1 E: Surveillance Equipment ' o 1 G: Investigations&Evidence Equipment m o 1H: Tactical Equipment 3 0 1I: Communications Equipment c� 0 1J: Traffic Safety&Control Equipment ti 0 1 L: Vehicle Equipment N • Category 2: Uniforms&Accessories 0 2A: Duty Gear c 0 213: Uniforms J 0 2C: Badges and ID Cards 0 21): Concealment and plainclothes 00 0 2E: Eyewear 0 217: Bags • Category 3: Weapons&Ammunition o 3A: Firearms M o 313: Firearms Accessories V O o 3C: Ammunition&Training ammunition o o 31): Shooting Range Gear c 0 3E: Knives cm 0 317: Tools for Weapons and Ammunition • Category 4: Other o 4A: Related Law Enforcement Equipment E z CBL anticipates requesting that additional products be added to any resulting contract reflecting future product r enhancements made by industry. a Tools for Heroes since 1929 Packet Pg. 81 8.C.b Page 28 of 34 2.2.2 All products offered must be new, unused and most current product lines, unless otherwise clearly identified as remanufactured goods. RESPONSE: All products offered and delivered will be new, unused and represent the most current models N unless otherwise clearly identified or as may be required by the membership(e.g.,inventory replenishment). 0 Z 2.2.3 Describe any special programs that Proposer offers that shall improve the ability of the Participating a Agencies to access the products,such as retail store availability,expedited delivery intervals,item sourcing, or other unique plans and services. N M RESPONSE: CBL's Operation Centers located in Boise, ID., Kent, WA., Phoenix,AZ., Tigard, OR., Salt Lake � City, and West Sacramento, CA include retail outlets, service centers, and product support spoecialists to assist membership. a c Additionally,Curtis' centralized warehouse,located in Salt Lake City,provides a full suite of Integrated Logistics E Support and Services to the Compay's customers. Q• CurtisCare is a program that offers the Company's customers with robust training programs on all aspects of w deployment; use; care and maintenance; and, repair procedures and support services for all products available from CBL. m 2.2.4 Additional Benefits: Proposer shall identify any other added value it offers to the LEAGUE OF OREGOP, `o CITIES("LOC")and Participating Agencies(e.g.convenience cards,individual/member discounts,additional admin c fee,etc.) w 3 RESPONSE: In addition to products being offered at best pricing,CBL offers the membership a supplier-partner � offering a full suite of Integrated Logistics Support and Services;product specialists who are trained and certified a)_ by manufactrurers to provide deployment support in addition to product training in use; care, maintenance and J repair; and safety. a) m 2.3 PRICING: v+ E 2.3.1 Pricing for the products and services may be based on"ATTACHMENT D"—PRICING SCHEDULE j as follows: r, A A fixed percentage (%) off marked price based on the Proposer's catalog or retail store price for each N CATEGORY specified in ATTACHMENT D—PRICING SCHEDULE.Proposer shall identify the catalog used. c J Option(A)is preferred.If option(A)is not feasible proposer may use option(B)provided Proposer includes a justification. m 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 the League of Oregon Cities and Participating Agencies based on volume. M U If proposers are responding with option`B",proposers may request price increases based on manufacturer 0 costs, cost of labor and/or materials that must be supported by appropriate documentation.If the League o of Oregon Cities agrees to the price modification, the League of Oregon Cities may approve in writing, N including electronic mail,without the need for a written amendment to the Master Price Agreement. a RESPONSE: J c CBL's proposed program is based upon offering, by brand, a fixed percentage (%) discount off marked price (Option A).The marked prices are defined within the current Price List/Product Catalog of each of the Company's Manufacturer(Brand)-Partners identified within the"in Attachment D, Catalog Pricing" section(page 7). r Q Tools for Heroes since 1929 Packet Pg. 82 8.C.b Page 29 of 34 All catalogs,representing the current version of new and unused products,are identified in the"Current Catalogs" section(refer to page 24 of this proposal). 2.3.2 Proposers may also add additional products and services provided that any additions reasonably fall N within the intent of the original RFP specifications. Pricing on additions shall be equivalent to the `o percentage discount for other similar products. Proposer may provide a web-link with current product W listings, which may be updated periodically, as allowed by the terms of the resulting Master Price Q 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 w 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. The League of Oregon Cities may reject a any additions without cause. c RESPONSE: E a CBL anticipates that future requests will be submitted to the LOC/NPPGov to add products reflecting future 0 product enhancements made by industry or requests for products made by members. w 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. L RESPONSE: c CBL's proposed program includes prices to be considered ceiling prices.To be clear,ceiling prices are the highest w 3 prices that will be offered. CBL anticipates that the membership will be offered products contained in this offer J at prices reflecting deeper discounts(lower prices)than those proposed within the pricing schedule(beginning on page 7 of this proposal). d It is anticipated that market forces such as competition and the nature of specific sales actions (e.g., volume ' purchases,repeat customers)will lead to additional discounts being offered by CBL to the membership. m 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. v r, RESPONSE: N CBL uses Federal Express Freight and UPS for most shipments. Our freight charges are based upon the pricing agreements the Company has with these and other less utilized shipping companies. CBL refers to the published = rates or receives freight quotes from our transportation service providers for each order that CBL will collect freight costs. .2 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. t� RESPONSE: M CBL strictly adheres to all regulations related to federal, state and local tax requirements. v O J O T 0 N Q a _ a� E z r Q Tools for Heroes since 1929 Packet Pg. 83 8.C.b CURTIS Page30 of34 BLUE LINE SIGNED ADDENDA N �L 0 Q N N none L a. E Q W cd C a) V L O W 3 J N C J d 3 m N 1` 7 U ti m rn N d C J d 3 CO N 3 U c U O J O O N Q d C N E t V R r r Q (800)443-3556(toll free) (510)839-5111 (direct) (510)839-0219(facsimile) L.N. Curtis&sons ("Curtis")...a family of companies serving America's First Responders LNCurtis.com ♦Curtis BlueLine.com♦Curtis Force Protection.com ♦ ECMSinc.biz♦ FireBooks.com Packet Pg. 84 8.C.b Page 31 of 34 CERTIFICATIONS N �L O Q N N N t V L E Q LU cd C a) V L O W 3 J N C J d 3 m N 7 U r` m rn N d C J d 3 m N 3 U c U O J O O N Q IL C N E t V R r r Q Tools for Heroes since 1929 Packet Pg. 85 8.C.b Page 32 of 34 EXHIBIT 2—DECLARATION OF NON-COLLUSION The undersigned does hereby declare that there has been no collusion between the undersigned, the N LEAGUE OF OREGON CITIES, and National Purchasing Partners, and in further support of said o Declaration, states as follows: Q 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 a bidding or solicitation in the preparation and submission of a proposal to the LEAGUE OF OREGON 2- CITIES for consideration in the award of a contract or Master Price Agreement negotiated as a result a' of this Request for Proposal. E DATED this 1 st day of March, 2020. 0 tr w m L.N. Curtis & sons (owner of Curtis Blue Line) E L 0 _ By: 3 M J N _ J d 7 m N �itlejpjirector, Special Programs C) ti m rn N d _ J 7 m N 7 C) _ M U O J O T O N Q a _ a� E z r Q Tools for Heroes since 1929 Packet Pg. 86 8.C.b Page 33 of 34 WIPHE RESPONSE FORM(ATTACHMENT "G") as Vendor servicing Washington State AGREES to sell items included in this solicitation to WIPHE institutions at o prices offered,unless otherwise noted below: Q DOES NOT agree to sell to WIPHE Institutions. d X AGREES to sell to WIPHE Institutions at same prices and discounts,with the following exceptions: z (attach additional pages as necessary) a No exceptions taken E 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: w No geographical areas are excluded E m Washington Institutions of Public Higher Education(WIPHE). See list on following page. �o c w If Vendor agrees to sell to the WIPHE Institutions,a WIPHE Contract number will be assigned and the information 3 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 m v r, m rn N d _ J 7 m N 7 C) _ M U O J O T O N Q a _ a� E z r Q Tools for Heroes since 1929 Packet Pg. 87 8.C.b Page 34 of 34 PROPOSAL FINAL CERTIFICATION a)I hereby certify that the Proposal contained herein fully and exactly complies with the instruction for proposers and N specifications as they appear in this Notice of Solicitation. `o t b)I hereby further certify that I am authorized by the Board of Directors or Corporate Officers of the Corporation to sign Q the Requests for Proposals and proposals in the name of the corporation listed below: , Proposer Name: L.N.Curtis&sons on behalf of Curtis Blue Line N M z L a c m Signature: E 7 Name Typed:Ni L rence a w Title: Director,Special Programs Proposer is a resident bidder of the state of California m U Date: March 01,2020 ,o c w 3 c� J N C J d 7 m N 7 U ti t0 O N d C J 7 m N 7 U C M U O J O T O N Q a c a� E z U r Q Tools for Heroes since 1929 Packet Pg. 88 DocuSign Envelope ID:6168B5EA-9E79-416C-AB12-B3E7DA82EDEC 8.C.b ATTACHMENT E to Master Price Agreement by and between VENDOR and PURCHASER. G N •L O t r-+ Purchaser's Request for Proposal Q (The Purchaser's Request for Proposal is not attached hereto.) (The Purchaser's Request for Proposal is incorporated by reference herein.) N L 3 E Q W cd C V L O W CU J O C J d 7 m N L 3 U ti co N d C J d 3 m N r L CU c U O J O O N Q d C O E L V fC r r Q 16 Packet Pg. 89 8.C.b NOTICE OF SOLICITATION N L LEAGUE OF OREGON CITIES a RFP NUMBER 2010 d SOLICITATION FOR:LAW ENFORCEMENT EQUIPMENT z Notice is herebygiven that the LEAGUE OF OREGON CITIES will accept sealed proposals for LAW ENFORCEMENT g� P p P � EQUIPMENT at the address listed below,until 5:00 PM PST on March 9th,2020.Those proposals will be for the LEAGUE a 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), E WIPHE members identified in"ATTACHMENT G"of the RFP,as well as government units in all other states(collectively, Q- "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 w Participating Agencies to forego duplicating the formal solicitation process and expend staff resources and funds. E All Proposals must be signed,sealed and addressed to: i 0 Mailing Address: w LOC PUBLIC"LAW ENFORCEMENT EQUIPMENT RFP"#2010 J LEAGUE OF OREGON CITIES c/o Procurement Specialist 1201 Court St.NE J d Suite 200 Salem,OR 97301 m All Proposals must clearly state RFP#2010 and Proposing company's full name on the OUTERMOST packaging. V ti m rn N NOTE: THE LEAGUE OF OREGON CITIES WILL NOT ACCEPT PROPOSAL ENVELOPES WITH INSUFFICIENT POSTAGE. J INQUIRIES: m LOC"LAW ENFORCEMENT EQUIPMENT RFP"#2010 A LEAGUE OF OREGON CITIES c/o Procurement Specialist V 1201 Court St.NE c Suite 200 M Salem,OR 97301 p J O rfp@orcities.org c N The solicitation documents may be reviewed at the office address listed above. a NOTE:NOTICES OF SOLICITATION WILL BE PUBLISHED IN THE OREGON DAILY JOURNAL OF COMMERCE,USA TODAY z r a Packet Pg. 90 8.C.b IMPORTANT a� N L O PLEASE READ BEFORE SUBMITTING YOUR PROPOSAL a M SOLICITATIONS FOR: LAW ENFORCEMENT EOUIPMENT a 1.0 INTENT: E 1.1 GENERAL INTENT c' The LEAGUE OF OREGON CITIES("LOC")serves as the"Lead Contracting Agency"for this w 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 E 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, w 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 pp Price Agreement for LAW ENFORCEMENT EQUIPMENT. An The intent of this Interstate Cooperative Procurement Solicitation(hereinafter referred to as"Solicitation" V or"RFP")is to invite Proposers to submit a competitive pricing proposal offering LAW ti ENFORCEMENT EQUIPMENT to LOC,which will then be made available to NPPGov members locally and nationwide;to reduce expenses by eliminating multiple requests for proposals and multiple responses by Vendors;and to obtain discounted pricing through volume purchasing. Significant sales potential exists because the Master Price Agreement will be used nationwide which may allow Participating Agencies to forego duplicating the formal solicitation process and expend staff resources. Preferably,the successful Proposer will provide its entire catalog of products and/or services in order that Participating m Agencies who wish to access the Master Price Agreement may order a broad range of goods and services as needed. V With the exception of successful local Proposer(s)capable of servicing LOC and Participating Agencies c within the state of Oregon,successful Proposer(s)should have a strong national presence for LAW M ENFORCEMENT EQUIPMENT for use by government agencies nationwide. V O J 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 N urged to seek independent review by their legal counsel to ensure compliance with all local and state a solicitation requirements. 1.2 POTENTIAL MARKET d E z 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, Q and Law Enforcement GPO. These are nationwide programs representing member government agencies Packet Pg. 91 8.C.b 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 N Solicitation. Because the successful proposal will be incorporated into a nationwide cooperative o procurement program including tens of thousands of state,local government and non-profit participants from all 50 states,the LOC believes that contracts created from this Solicitation will provide vendors with Q 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 N the sale cycle by eliminating the need to complete individual RFP processes is a significant advantage to z participation. i 3 a 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 a (but is not limited to)contract promotion to members,contract administration support to potential tr customers and live customer phone support. w 1.3 REQUIREMENTS m 1.3.1 The RFP and resulting Master Price Agreement are anticipated for use by the LOC's government �o members,as well as other Participating Agencies across the nation.The LOC has entered into an = Intergovernmental(interlocal)Cooperative Purchasing Agreement with other Participating w Agencies for the purpose of obtaining Master Price Agreements with various vendors. Interlocal J 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 = J 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 m 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 t j institutions. The Intergovernmental Cooperative Purchasing Agreement is incorporated by reference herein and is available upon request—See Attachment A. CD The successful Proposer must work directly with the Participating Agencies concerning the c 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 am Participating Agency. Successful Proposers must comply with the state and local laws,rules and 00 regulations in each state and locality where the product or service is provided. y 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 M request modification of the Master Price Agreement in accordance with each Participating V Agency's state and/or local purchasing laws,rules,regulations and procedures,provided said i 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 N legal and procedural provisions not included herein that the successful Proposer must adhere to if Q it wishes to conduct business with said Participating Agency using the Master Price Agreement. a 1.3.3 NPPGov,Public Safety GPO,First Responders GPO,and Law Enforcement GPO provide vendor exposure/marketing and contract utilization support for the successful Proposer's t products and services. Successful Proposers servicing the awarded contract to Participating U Agencies shall pay a Contract Administration Fee representing 2%percent of actual net sales Q 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 Packet Pg. 92 8.C.b 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 N L O 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 Q 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 N identified in this Request for Proposal,as well as the diverse and large number of Participating Agencies. z The award of multiple contracts is to be determined upon receipt and review of all proposals,and based i upon the general criteria provided herein. The LOC may solicit proposals from local qualified companies a with or without a national presence provided that the successful Proposer is able to provide the LOC with c the products and services requested. Multiple awards will ensure fulfillment of current and future m requirements of the diverse and large number of Participating Agencies. In the event a local Proposer a with no national distribution capabilities best meets the proposal selection criteria,multiple local and tr nationwide responsive proposals may be awarded simultaneously in the best interests of local commerce, w compliance with local laws,and the Participating Agencies nationwide. _ m E 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 �o requirements of the LOC within the state of Oregon. w 1.5 CONTRACT USAGE J a) The actual utilization of any Master Price Agreement will be at the sole discretion of LOC and the other E J Participating Agencies. It is the intent of this Request for Proposal and resulting Master Price Agreement a) that Participating Agencies may buy directly from Successful Proposers without the need for further 3 solicitation.However,Participating Agencies are urged to seek independent review by their legal counsel m 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 V 1.6 BACKGROUND OF NPPGov m rn N NPPGov,owned by two non-profit healthcare organizations,provides group purchasing opportunities a) 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. 00 1.7 EQUAL OPPORTUNITY A The LOC encourages Minority and Women-owned Small Business Proposers to submit proposals. c M 1.8 QUALIFIED REHABILITATION FACILITIES O J Oregon Public Agencies are prohibited from use ofproducts and services offered under this contract that o are already provided by qualified nonprofit agencies for disabled individuals as listed on the Department N of Administrative Service's Procurement List pursuant to ORS 279.835 ORS 279.855. Please see Q www.OregonRehabilitation.org/grffor more information. a 2.0 SCOPE OF WORK: E z 2.1 REQUIREMENTS OF PROPOSERS SUBMITTING A RESPONSE: r Proposers must present clear and concise evidence indicating Proposer's ability to comply with the Q requirements stated herein and to provide and deliver the specified products and services to Participating Packet Pg. 93 8.C.b Agencies. 2.1.1 PROPOSER COMMITMENTS Each Proposer is required to commit to low pricing,and accurate and timely reporting to N NPPGov pursuant to the reporting requirements identified in the NPPGov Vendor Lo Administration Agreement(available upon request). In addition,successful Proposer(s)with a national presence must commit to marketing of the Master Price Agreement nationwide and that Q the sales force will be trained,engaged and committed to offering NPPGov pricing to member y government agencies nationwide,including the opportunity for NPPGov to train the Vendor N sales staff. `° z L 2.1.2 PROPOSERS MUST COMPLETE"ATTACHMENT B"—PROPOSER PROFILE a WORKBOOK". c m E 2.2 PRODUCTS AND SERVICES: Q- 2.2.1 Provide a description of the LAW ENFORCEMENT EQUIPMENT offered as set forth in w 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 E that Participating Agencies may order a broad range of products and services as appropriate for i their needs.Anticipated future models and related products/services that may be offered during ,o the term of the resulting Master Price Agreement should also be in included in Vendor's j Proposal. 3 M J 2.2.2 All products offered must be new,unused and the most current product lines,unless otherwise clearly identified as remanufactured goods. J d 2.2.3 Describe any special programs that Proposer offers that shall improve the ability of the m Participating Agencies to access the products,such as retail store availability,expedited delivery y intervals,item sourcing,or other unique plans and services. 3 U 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.) d 2.3 PRICING: J 2.3.1 Pricing for the products and services may be based on"ATTACHMENT D"-PRICING m SCHEDULE as follows: N 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. M U Option(A)is preferred. If option(A)is not feasible proposer may use option(B)provided 0 Proposer includes a justification. o 0 N B Alternatively,contract pricing may be based upon fixed prices(contingencies for Q economic price adjustments must be identified in the proposal),or a combination fixed a percentage off and firm fixed prices. Proposer may offer additional discounts to LOC and Participating Agencies based on volume. d E 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 r appropriate documentation. If LOC agrees to the price modification,LOC may approve Q in writing,including electronic mail,without the need for a written amendment to the Packet Pg. 94 8.C.b 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 N current product listings,which may be updated periodically,as allowed by the terms of the o 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 Q 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 N procurement requirements.LOC may reject any additions without cause. z V L 2.3.3 Explain any additional pricing incentives that may be available such as large volume purchases, a cash terms,or rebates to Participating Agencies. However,steeper discounts are preferred to c rebates. E a 2.3.4 All pricing proposals shall clearly explain how freight and/or delivery costs are determined as 0 described in ATTACHMENT D PRICING SCHEDULE herein. w m E m 2.4 TAX: `o c Proposers shall strictly adhere to all federal,state and local tax requirements applicable to their operation, w and to any contract or activity resulting from this Solicitation. J d _ J 3.0 SPECIAL TERMS&CONDITIONS: a) 0o 3.1 MASTER PRICE AGREEMENT TERM: y As a result of this Solicitation the successful Proposer(s)shall be awarded a Master Price Agreement for a �j three(3)year period.The Master Price Agreement may be extended up to a maximum of three(3) additional one(1)year periods. N 3.2 MASTER PRICE AGREEMENT ACCESS PROVISIONS a) 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 m A Agencies may purchase directly from the successful Proposer(s)without the need for further solicitation. V 3.3 INDEMNIFICATIONS AND INSURANCE: _ M Indemnification and insurance requirements will vary based on the nature of the RFP. Proposer is O responsible for submitting appropriate indemnification and insurance coverage as applicable. 0 0 T 3.3.1 Indemnification o N Q The successful Proposer shall indemnify the LOC and NPPGov as specified in the Master Price a Agreement. _ d 3.3.2 Insurance Requirements. E Proposer(s),at Proposer(s)'s own expense,shall purchase and maintain the herein stipulated r minimum insurance from a reputable company or companies duly licensed by the State of Q Oregon.In lieu of State of Oregon licensing,the stipulated insurance may be purchased from a Packet Pg. 95 8.C.b 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. N L O 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 Q endorsements or to advise Proposer(s)of any deficiencies in such policies and endorsements,and such receipt shall not relieve Proposer(s)from,or be deemed a waiver of the LOC's right to N insist on strict fulfillment of Proposer(s)'s obligations under this RFP. z V L The insurance policies required by this RFP,except Workers' Compensation,shall name the a LOC,its agents,representatives,officers,directors,officials and employees as an Additional Insured. E a The policies required hereunder,except Workers' Compensation,shall contain a waiver of 0 transfer of rights of recovery(subrogation)against the LOC,its agents,representatives,officers, w directors,officials and employees for any claims arising out of Proposer(s)'s work or service. _ m E 3.3.3 Commercial,automobile and workers' compensation insurance. 4) L 0 3.3.3.1 Commercial General Liability.Proposer(s)shall maintain Commercial General Liability j Insurance(CGL)and,if necessary,Commercial Umbrella Insurance. The policy shall 3 include coverage for bodily injury,broad form property damage,personal injury, M 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. m 3.3.3.2 Automobile Liability.Proposer(s)shall maintain Automobile Liability Insurance and,if A necessary,Commercial Umbrella Insurance.If hazardous substances,materials,or 3 wastes are to be transported,MCS 90 endorsement shall be included. U ti 3.3.3.3 Workers' Compensation and Employer's Liability.Proposer(s)shall carry Workers' CD 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. J a) 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 m extent as required of Proposer(s). U 4.0 SCHEDULE,RESPONSE PREPARATION AND SUBMISSION M U O J 4.1 SCHEDULE OF EVENTS c T 0 N 4.1.1 Publication of Request for Proposal Q a 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 E of the Public Notice on the web site that typically posts Public Notices concerning the LOC. n: r Solicitation Notice Publication : January 6th,2020 Q Packet Pg. 96 8.C.b 4.1.2 Question and Answer period The LOC will post questions and answers concerning this Solicitation no later than 10 days prior to the proposal due date. All questions shall be submitted in writing via email to 2010,Contract Manager,at rfp@orcities.org. The LOC reserves the right to accept and answer questions after N the question and answer period has expired.All questions and answers will be posted on the o LOC website at www.orcities.org. Q 4.1.3 Submission of Proposals ' d There will be no mandatory pre-proposal meeting. All questions must be submitted via email as z directed above. If necessary,questions can be submitted in writing to LEAGUE OF OREGON i CITIES,c/o Mike Cully, 1201 Court St.NE, Suite 200, Salem,OR 97301 or rfp@orcities.org. a Close date:Deadline for submission of proposals is 5:00 PM PST,on March 9th,2020. The LOC must receive all proposals before 5:00 PM PST on the above closing date in the office of a the LEAGUE OF OREGON CITIES,c/o Mike Cully,Executive Director, 1201 Court St.NE, tr Suite 200,Salem,OR 97301. w Approximate openinH date:9:00 AM PST on March loth,2020 at the office of the LEAGUE E OF OREGON CITIES,c/o Mike Cully, 1201 Court St.NE, Suite 200,Salem,OR 97301. L 0 Proposal selection:March loth,2020 to March 31st,2020. w Approximate award date:April 14th,2020. J 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). m A 4.1.4 Withdrawal of Proposal V 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 rn N the deadline. d _ 4.2 REVIEW,INQUIRIES AND NOTICES: m 4.2.1 The solicitation documents may be reviewed in person at the following address: 00 A LEAGUE OF OREGON CITIES 1201 Court St.NE U Suite 200 c Salem,OR 97301 `° U O J All inquiries concerning information herein shall be addressed to: c T 0 LEAGUE OF OREGON CITIES N c/o Procurement Specialist a 1201 Court St.NE Suite 200 Salem,OR 97301 E z Administrative telephone inquiries shall be addressed to: r Q Procurement Specialist Packet Pg. 97 8.C.b Email inquiries shall be addressed to: rfy(&orcities.org Inquiries are required to be submitted by email to the Administrative Contact listed above. No oral communication is binding on the LOC. m N 4.2.2 Proposal Interpretation of the RFP Documents and Issuance of Addenda o t If any Proposer(s)finds discrepancy in,or omissions from,or is in doubt to the true meaning of Q any part of the RFP document,he/she shall submit a written request for a clarification or interpretation thereof to: N M LEAGUE OF OREGON CITIES i c/o Procurement Specialist a 1201 Court St.NE Suite 200 Salem,OR 97301 E tr Any request for clarification or interpretation must be received at least ten(10)calendar days w prior to the RFP closing date. c m 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 `o (5)days prior to the RFP closing date by publication on the LOC's web site and NPPGov website. w 3 M Oral interpretations or statements cannot modify the provisions of this Request for Proposal. If J d 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 J 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. m A V 4.3 INSTRUCTIONS FOR PREPARING AND SUBMITTING PROPOSALS: ti m 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 a) 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 J m with return address,RFP number and title in the following manner: m A V LOC"LAW ENFORCEMENT EQUIPMENT RFP"#2010 LEAGUE OF OREGON CITIES M c/o Procurement Specialist,Contract Manager V 1201 Court St.NE i Suite 200 c T Salem,OR 97301 N Q All prices shall be held firm for a period of sixty(60)days after the Solicitation closing date. Any g Proposer may withdraw its proposal if a Master Price Agreement has not been executed within sixty(60) days from the RFP closing date. E z 4.4 EXCEPTIONS AND DEVIATIONS TO THE RFP r The Proposer shall identify and list all exceptions taken to all sections of this RFP and list these Q Packet Pg. 98 8.C.b exceptions,referencing the section(paragraph)where the exception exists and stating the proposed revision. The Proposer shall list these exceptions under the heading,"Exception to the Solicitation,RFP Number 2010."Exceptions not listed under the heading"Exception to the Solicitation,RFP Number 2010."shall be considered invalid. The LOC reserves the right to reject exceptions,render the proposal non-responsive,enter into negotiation on any of the Proposer exceptions,or accept any or all exceptions. N L O 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 Q final. d 4.5 RESPONSE FORMAT AND CONTENT: z L To aid in the evaluation,it is desired that all proposals follow the same general format. The proposals are a to be submitted in binders and have sections tabbed as follows: c m 4.5.1 Letter of Transmittal E a 4.5.2 Table of Contents w 4.5.3 Short introduction and executive summary. This section shall contain an outline of the general approach utilized in the proposal. L 0 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 w Proposer's best offer. Additional related services should be incorporated into the proposal,if applicable. J d _ 4.5.5 Qualifications—This section shall describe the Proposer's ability and experience related to the J programs and services proposed. m 4.5.6 Exceptions to the Solicitation,RFP Number 2010. N 4.5.7 PRICING SCHEDULE("ATTACHMENT D"). V ti 4.5.8 PROPOSER PROFILE WORKBOOK("ATTACHMENT B"). N 4.5.9 Complete,Current Catalog Pricing shall be submitted on a USB flash drive. c J 4.5.10 Format Proposal to specifically address each individual sub-section and sub-set of the SCOPE OF WORK(Section 2.0). m A 4.5.11 Signed Addenda,if any. U 4.5.12 Proposal Final Certification. M U O 5.0 EVALUATION AND POST SUBMISSION J 0 T 5.1 EVALUATION OF PROPOSAL—SELECTION FACTORS: N Q a 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 t following criteria and further defined in the Proposal Evaluation Form(ATTACHMENT E)utilizing the point system indicated on the form: Q Packet Pg. 99 8.C.b 1)Pricing 2)Product Line(within each category)3)Marketing 4)Customer Service 5)Proven Experience&References 6)Coverage 7)Conformance At the LOC's discretion,Proposers may be invited to make presentations to the Evaluation Committee. LOC reserves the right to make multiple awards to meet the national membership needs of this Solicitation. N 'L O 5.1.1 Additional criteria/preferences that are not necessarily awarded points. Q 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. N M 5.1.1.2 Pursuant to ORS 279A.125,Lead Contracting Agency shall give preference to the 2- procurement of goods manufactured from recycled materials. a 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 E 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 w 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. E m 5.1.1.4 Lead Contracting Agency shall consider proposals for printing,binding and stationary `o work in accordance with ORS 282.210,incorporated herein by this reference. c w 5.1.1.5 Proposer shall comply with all federal,state and local laws applicable to the work under M the Master Price Agreement awarded as a result of this Solicitation,including,without J d limitation,the provisions of ORS 279A and ORS 279B,including those provisions set c forth on"ATTACHMENT F",attached hereto and incorporated herein by this J reference. m 5.1.1.6 Pursuant to Section 1.7,the Lead Contracting Agency encourages Minority and N Women-owned Small Business Proposers to submit proposals. V 5.2 RIGHT OF LEAGUE OF OREGON CITIES TO AWARD OR REJECT PROPOSALS rn N 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 c the procurement or reject any or all proposals in accordance with ORS 279B.100.Under no J circumstance will the LOC pay the costs incurred in the preparation of a response to this request. m 5.2.2 The LOC reserves the right to: N 5.2.2.1 Accept or reject any or all proposals and proposal terms and conditions received as a V result of the Request for Proposals; 5.2.2.2 Accept a proposal and subsequent offers for a Master Price Agreement from proposer(s) V other than the lowest cost proposer; O 5.2.2.3 Waive or modify any irregularities in proposals received after prior notification to the c Proposer(s). c N 5.2.3 The award,if there is one,will be made to that Proposer(s)who is determined to be the most a qualified,responsible and responsive within a competitive price range based upon the evaluation of the information furnished under this RFP. d E z 5.3 PROTEST PROCESS M r Q Packet Pg. 100 8.C.b A prospective Proposer may protest the procurement process of the Solicitation for an Agreement solicited under ORS 279B. Before seeking judicial review,a prospective Proposer must file a written protest with the LOC and exhaust all administrative remedies. Written protests must be delivered to the LOC at 1201 Court St.NE,Suite 200, Salem,OR 97301 not less than ten(10)days prior to the date upon which all proposals are due. The written protest shall contain a statement of the desired changes to the N procurement process or Solicitation document that the protester believes will remedy the conditions upon o 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 Q 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 N proposals if it determines an extension is necessary to consider and respond to the protest. z L A Proposer may protest the Award of the Contract,or the intent to Award the Contract,if the conditions a set forth in ORS 279B.410 are satisfied. Judicial review of the protest and the LOC's decision shall be c governed by ORS 279B.415. a tr w 5.4 NON-ASSIGNMENT = m If a Master Price Agreement is awarded,Proposer shall not assign the Agreement in part or in total. L 0 5.5 POST AWARD MEETING: c w The successful Proposer(s)may be required to attend a post-award meeting with the LOC to discuss the M terms and conditions of the Master Price Agreement. J d c J d 5.6 PROPOSAL FINAL CERTIFICATION The Proposer must certify the following: m a)I hereby certify that the Proposal contained herein fully and exactly complies with the instruction for 3 U proposers and specifications as they appear in this Notice of Solicitation. ti m b)I hereby further certify that I am authorized by the Board of Directors or Corporate Officers of the N Corporation to sign the Requests for Proposals and proposals in the name of the corporation listed below: c Proposer Name: J� Signature: pp Name Typed: Title: Proposer is a resident bidder of the state of U Date: M U O J O T O N Q a c a� E z r Q Packet Pg. 101 8.C.b ATTACHMENT A INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT N �L 0 Q N N N (The Intergovernmental Cooperative Purchasing Agreement is not attached hereto,but the current version is available upon request from the Lead Public Agency) a. (The Intergovernmental Cooperative Purchasing Agreement is incorporated by reference herein) a .3 a w r c m E a) U L O W 3 J N C J d 3 m N 7 U ti m rn N d C J d 3 m N 3 U c U O J O O N Q d C N E t V R r r Q Packet Pg. 102 8.C.b ATTACHMENT B N Proposer Profile Workbook to be completed by all responders as directed herein o (fillable form available upon request) a 1.0 GENERAL QUESTIONS: M Section 1.1 only to be completed by vendors with a national presence;i.e. vendors with a sales territory in 25 v states or more. L IL 1.1 The"Yes"or"No"questions below are to help evaluators familiarize themselves with national vendors. m Indicate"Yes"or"No"as it applies to your company. E a ✓ Do you have a national sales force adequate in size to meet the demands of multiple agencies and their w unique needs for the products and services listed herein? +, Yes No m E m ✓ Do you have a national distribution network that will support sales resulting from this RFP? Yes No c w ✓ 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 a) c J ✓ Does your company have the ability to provide toll-free telephone/fax access,and an online presence? Yes No pp A ✓ Can you provide a single point of contact(National Account Manager)to interact with the lead agency and NPPGov staff? U Yes No ti m rn ✓ Are you a strong competitor in the industry with a minimum of three consecutive years of demonstrated success in all business practices and pursuits? c Yes No m 1.2 Provide at least three references of government agencies within the United States that have purchased g g p m products/services from Proposer similar to those specified in this solicitation within the last year. If proposed A products/services are new to market,please use most similar business references available. Include: E Agency name and address U Contact name,phone and email c Description of products/services sold and date. M U LOC may use other information,however learned,in evaluation of the response. 0 T 1.3 OPTIONAL: If a Dun and Bradstreet Comprehensive Report(or similar)for your company is available, N please submit it with your response. a 1.4 OPTIONAL:Attach any case studies,white papers and/or testimonials supporting your company and c products/services. � E t r Q Packet Pg. 103 8.C.b 2.0 ABOUT PROPOSER: 2.1 State of incorporation: 2.2 Federal Tax Identification Number: m 2.3 If applicable to the product(s)and/or service(s),describe the Proposer's ability to conduct E- i commerce or online ordering. Insert response in box below C t Q d M 2.4 Describe Proposer's system for processing orders from point of customer contact through delivery and billing. Insert response in box below a c m E a 2.5 Describe Proposer's ability to provide detailed electronic reporting of quarterly sales correlated with w NPPGov Member ID numbers of Participating Agency purchases as set forth in Addendum A to c Vendor Administration Agreement(VAA),a copy of which is available upon request from the LOC. m Insert response in box below m L 0 W 3 M J 2.6 Describe the capacity of Proposer to meet Minority and Women Business Enterprises(MWBE) references,which may vary among Participating Agencies. Insert response in box below J d 7 m N 2.7 Proposer acknowledges compliance with Davis Bacon wage requirements where labor is concerned 3 by indicating"yes"or"no"below. U ti m rn 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 seg. Indicate"yes"or"no"below. m 00 A U 2.9 Complete Exhibit 1,located at the end of this workbook. r- U O 3.0 DISTRIBUTION SYSTEM: J 0 T 0 3.1 Describe distribution of products and/or services available in Proposer's response through Q Proposer's distribution system(including Alaska and Hawaii),including any limitations. [Insert response in box below c d E z 3.LA Is it your intent to offer the proposed products and/or services through a designated Q distribution/dealer network,indicate"yes"or"no"below? Packet Pg. 104 8.C.b YES 0 NO 0 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 m N L O Q 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. 0 Alternatively,if proposer utilizes a third-party ordering,shipment,invoicing or billing partner,please describe in detail. Insert response in box below a c m E LLJ 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 E in box below E L 0 C W 3 M J 3.5 Indicate whether the Proposer has any dealer or distributors that are authorized to fulfil purchases? c Yes No Circle one J d 3.6 If answered yes to 3.5,include a copy of or link to authorized dealers or distributors. m U ti m rn N 4.0 MARKETING: J 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, pp conferences/travel and custom marketing materials. [May attach marketing plan or insert response in box below U c M U O J O T O 4.2 Explain how Proposer will educate its local and national sales force about the use of the Master N Price Agreement. Insert response in box below Q a c a) E z ns r Q 4.3 Indicate the Proposer's willingness to allow training to its local and national sales force about the Packet Pg. 105 8.C.b use of the Master Price Agreement. Insert response in box below m N L 0 Q d 5.0 POINT OF CONTACT: W z Proposer POC who will administer,coordinate,and manage this program with NPPGov and the LEAGUE OF OREGON CITIES: a c m Contact Person: Title: E Mailing Address: Q' City: State&Zip: tr Email Address: w Phone#• Fax#: m Attach current resume of National Account Manager that will be the POC managing this contract. m L 0 6.0 CUSTOMER SUPPORT SERVICES: w 3 M J Explain Proposer's policy regarding each of the following if applicable to product(s)and/or service(s): c J 6.1 Auditing for order completeness. Insert response in box below m 6.2 Replacement policy(i.e.,damaged or defective goods). Insert response in box below 3 V ti m rn N 6.3 Minimum order requirement(e.g.,Individual item vs.case lot). Insert response in box below d c J 6.4 Customer service hours/da s of operation Insert response in boxes below a)Monda : Tuesday: Wednesday: Thursday: Friday: Saturday: Sunday. .2 m A 6.5 Special Orders. Insert response in box below V c M 6.6 Post sale services issues. Insert response in box below U O J O T 0 6.7 Repair services,including repair warranty programs,if any. Proposer shall identify,where N applicable,authorized factory repair facilities that will honor the warranty of items on contract. [Insert a response in box below c d E z 6.8 Technical support services Proposer provides. Insert response in box below r Q Packet Pg. 106 8.C.b 6.9 Product substitution policy. [Insert response in box below m N 6.10 Identi trade-in program criteria if applicable). Insert response in box below Lo t Q 6.11.After hours service(including weekends and holidays) Insert response in boxes below Monday: Tuesday: Wednesday: Thursday: Friday: Saturday: Sunday: M L 6.12 Shipment tracking. Insert response in box below a c m E a 6.13 Back order tracking process. Insert response in box below w m E m L 0 6.14 Return Item process,including an /all associated fees e. restocking,shipping,turnaround time = P g Y � g•, g, w on returns). Insert response in box below 3 M J a) _ J d 6.15 Electronic billing. Insert response in box below m An U 6.16 Explain how Proposer will resolve complaints,issues,or challenges. Insert response in box below CD a) _ J 6.17 Other services not already covered. Insert response in box below a) m U _ M U O J O T 0 N Q a _ a) E z ns r Q Packet Pg. 107 8.C.b 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 N .L O Q d M 7.2 Identify policy for transfer of product ownership(delivery)and damage/issue resolution. [Insert L- res onse in box below a c m E a w m 8.0 VENDOR TERMS AND CONDITIONS. E m L 8.1 Does Proposer require that customers/Participating Agencies agree to standard terms and conditions ,o related to their purchase? Yes No [Circle one] j 3 8.2 If answered yes to 8.1,include a copy of or link to terms and conditions. d c J d 7 m N 7 U ti 9.0 WARRANTY INFOMATION: N 9.1 Identify warranty options,if applicable. [Insert response in box below] c J 7 m N 7 U _ M U O J O T O N Q IL _ a� E z r Q Packet Pg. 108 8.C.b Exhibit 1 LAW ENFORCEMENT EQUIPMENT Coverage as N RETAIL, DISTRIBUTION AND SERVICE/SUPPORT LOCATIONS o Number of retail Number of Number of support Q stores in each state? distribution centers locations in each (leave blank for in each state? state?(leave blank none) (leave blank for for none) to none to z ALABAMA i 7 ALASKA d ARIZONA ARKANSAS E CALIFORNIA 0 is COLORADO W CONNECTICUT = d DELAWARE E O t� FLORIDA i O w GEORGIA C W HAWAI I IDAHO J ILLINOIS N C INDIANA J d IOWA 3 m KANSAS A KENTUCKY 7 LOU ISIANA V MAINE ~ MARYLAND N MASSACHUSETTS G1 C MICHIGAN J MINNESOTA 7 MISSISSIPPI m N MISSOURI 7 MONTANA 0 NEBRASKA 'a C O NEVADA U NEW HAMPSHIRE 0 NEW JERSEY T 0 NEW MEXICO N NEW YORK Q IL NORTH CAROLINA r NORTH DAKOTA d OHIO E t OKLAHOMA V R a+ r OREGON Q PENNSYLVANIA Packet Pg. 109 8.C.b RHODE ISLAND SOUTH CAROLINA SOUTH DAKOTA TENNESSEE G� N_ TEXAS L O UTAH +m+ 7 VERMONT Q VIRGINIA WASHINGTON to O t WEST VIRGINIA i 7 WISCONSIN d WYOMING C O E C. is W r� C d E O t� L O IJJ 3 m J N C J d 7 m to 7 V ti m O N d C J O 7 m N 7 C) C m U O J O T O N Q a c a� E z m r Q Packet Pg. 110 8.C.b THE FORM LISTED BELOW MUST BE SIGNED AND RETURNED WITH SOLICITATION RESPONSE a� N �L 0 Q N N N t V L a. E Q W d E a) V L O W 3 J N C J d 3 m N 7 U ti m rn N d C J d 3 m N 3 U c U O J O O N Q d C N E t V R r r Q Packet Pg. 111 8.C.b Exhibit 2 Declaration of Non-Collusion as N •L O 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 Q Declaration, states as follows: M The person, firm, association, co-partnership or corporation herein named has not, either i directly or indirectly, participated in any collusion, or otherwise taken any action in restraint of free a' 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 E as a result of this Request for Proposal. W DATED this day of E a� L 0 (Name of Firm) W 3 M J N C By: (Authorized Signature) m Title: U ti m rn N d C J 7 m N 7 U C M U O J O T O N Q a c a� E z r Q Packet Pg. 112 8.C.b ATTACHMENT C SPECIFICATIONS as N LAW ENFORCEMENT EQUIPMENT 0 These specifications are intended to cover the complete range of LAW ENFORCEMENT a EQUIPMENT. Several categories are included below but are in no means intended to limit the Proposer to responding to just these categories if there are other related products and services that z Proposer would like to be considered for the award. Proposers should respond with pricing for all 2 products and services they wish to be considered in the evaluation for a possible award and master a' price agreement. as E a The following categories are provided to indicate the intended extent of the RFP but do not necessarily 0 represent the format of the Proposer's response. Proposers may combine any and all categories and w elements in a format that is most appropriate to represent their business in their response. E as NOTE: Proposers are not required to respond to all categories. Proposals will only be evaluated based on the categories to which they respond. c w 3 Law Enforcement Equipment including but not limited to: M 1) Equipment a) Body Armor i) Wearable body armor and body armor systems (including ballistic helmets) designed to meet U.S. National Institute of Justice (NIJ) Ballistic Resistance of Body Armor standard m 0101.06 Types IIA, II, IIIA, III and IV. 3 b) Protective Gear c� i) Gloves, eye protection, hearing protection,riot gear, shields, body pads, related accessories, etc. N c) Restraints as i) Straps, handcuffs, leg irons,related accessories, etc. J d) Less Lethal Equipment i) Defense sprays, munitions, batons, stun guns, tasers, related accessories, etc. m e) Surveillance Equipment A i) Surveillance cameras, binoculars, night vision, thermal imagers, tactical (pole, under the v door, through the wall), scopes, tripods, mounts, related accessories, etc. f) Bike Patrol Equipment M i) Patrol bikes bags, arts covers headwear, saddles cases racks mounts helmets lights, p J related accessories, etc. o g) Investigations and Evidence Equipment N i) Drug and alcohol tests, forensic equipment, evidence collection and storage,police tape, a scene lighting, breathalyzers, related accessories, etc. a h) Tactical Equipment c i) Entry tools,ballistic shields/ballistic blankets, flashlights, rope, rigging, rappelling/ climbing gear, related accessories, etc. i) Communications Equipment r i) Radios, GPS devices, megaphones, earpieces, headphones, microphones, headsets, related a Packet Pg. 113 8.C.b accessories, etc. j) Traffic Safety and Control i) Cones, hi-viz equipment, flares, barrier tape, traffic vests, gloves, traffic flashlights, measuring wheels,beacons, spike strips, wheel immobilizers, related accessories, etc. N k) Training and Safety Equipment o i) Weapon replicas, training weapons, training handcuffs, training bags, field guides, related Z accessories, etc. Q 1) Vehicle Equipment i) Speakers, sirens, flashers, mounts, lights, bumpers, handheld radar, locks, gun racks, M partitions, trays, video systems, related accessories, etc. 2 2) Uniforms and Accessories a' a) Duty gear i) Duty belts,pouches, holsters,boots, shoes, related accessories, etc. E b) Uniforms c) Badges and Identification w i) Emblems, insignias, name strips,badge holders, nametags, wallets, buttons,pins, ID holders, related accessories, etc. E d) Concealment and plainclothes gear e) Eyewear f) Bags 3) Weapons and Ammunition J a) Firearms c b) Firearm accessories i) Racks, safes, related accessories, etc. c) Ammunition and Training Ammunition m d) Shooting Range Gear i) Hearing protectors, shooting glasses, targets, earplugs, magazine loaders, related v accessories, etc. ti e) Knives a f) Tools i) Wedges, entry tools, saws,bolt cutters, related accessories, etc. 4) Other a) Other law enforcement equipment, related equipment and accessories not included in other m categories. N c.� c M U O J O T O N Q a c a� E z r Q Packet Pg. 114 8.C.b ATTACHMENT D PRICING SCHEDULE as N The intent is for each Proposer to submit their complete product line so that Participating Agencies may order a o 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 Q may subcontract items Proposer does not supply. ' d The Proposer should not necessarily limit the proposal to the performance of the services in accordance with this z document but should outline any additional services and their costs if the Proposer deems them necessary to i accomplish the program. 3 a Pricing and resulting relative discount to LOC and NPPGov membership shall be clearly delineated on each E proposal. Contract admin fee(established in the"Requirements"Section of the RFP)may not be listed or charged a as a separate line item to users of the contract. Contract pricing shall be based upon: tr 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. `o c EXAMPLE w LAW ENFORCEMENT EQUIPMENT M Product Category Percentage(%)off List Price* d OR fixed price if%off pricing is not available 5 1) Equipment a) Body Armor b) Protective Gear m A c) Restraints d) Less Lethal Equipment 3 e) Surveillance Equipment V f) Bike Patrol Equipment g) Investigations and Evidence Equipment N h) Tactical Equipment d i) Communications Equipment r__ j) Traffic Safety and Control J k) Training and Safety Equipment 1 Vehicle Equipment m 2) Uniforms and Accessories A a) Duty gear 3 b) Uniforms c) Badges and Identification d) Concealment and plainclothes gear V e) Eyewear 0 J Bags c 3) Weapons and Ammunition cm Firearms b) Firearm accessories c) Ammunition and Training Ammunition d) Shooting Range Gear d e) Knives E Tools 4) Other r Q Packet Pg. 115 8.C.b 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 "' �L 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 Q procurement options. d Miscellaneous M z Proposers should include any applicable pricing information related to Section 2.3 of the RFP including 2- but not limited to: large volume purchases, cash terms,rebates, freight/delivery costs and individual a' discounts. c m E a w m E m L 0 _ W 3 M J GN _ J d 7 CO N 7 U ti m O N d _ J 7 m N 7 U _ M U O J O T O N Q IL _ a) E z r Q Packet Pg. 116 8.C.b ATTACHMENT E PROPOSAL EVALUATION FORM N L O Proposals will be evaluated using a two-step process. a 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 z 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 a (covering the entire US, or at least the continental US). a 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 W based on the criteria found in the proposal evaluation form. E as L 0 STEP 1 W Proposal Responsiveness M as c Component YES NO Submitted on time Company name and RFP number on m outermost packaging Completed Proposer Profile Workbook c i PPW r� c� Included pricing structure Included references Proposal signed Deemed Fully Responsive YES NO m Categorized as Local, Regional or Local Regional National National U c M U O J O T O N Q a c a� E z r Q Packet Pg. 117 8.C.b Proposal Evaluation Form STEP 2 Full Evaluation of Proposal N .L O Point Value Definitions (5) Exceeded Requirements - Compelling Detail, Showed Ability to Complete a (4) Met Requirements - Thorough, Provided Supportive Material/Examples N (3) Satisfied Requirements - Sufficient z (2) Unclear if Requirements Met-Poor or Confusing (1) Did Not Comply with Requirements - Substandard or Blank a c as E a w Component Evaluated Weight Possible Total Evaluator's Comments = Points Points (1-5) (Weight 0 x PP) `o Pricing:Product price and Comments: c discounts proposed included w favorable pricing for 25 M cooperative purchasing. J Shipping conditions. pp� g � PPW Section 7.0 and Pricing J structure. Product Line(Score only Comments: m categories proposed): 15 L' Breadth,variety,quality of V product line and innovation of products.Warranty availability. N PPW Section 9.0. Marketing:Marketing plan Comments to promote the resulting contractual agreement and 15 ability to incorporate use of o0 agreement in their sales N system throughout indicated coverage region. V Willingness to allow c training of salesforce. `° PPW Section 4.0. 1 V O Customer Service: Support Comments: J dedicated to Participating c Agencies.Ability to meet 15 N promised delivery timelines. a Additional services offered. Conduct e-commerce. PPW Sub-Sections 2.3&2.4 a) and Section 6.0. E t c� cv r Q Packet Pg. 118 8.C.b Proven Experience: Success Comments: in providing products and services in a timely manner. 15 Years in business, references and reputation. N Experience with cooperative `o purchasing. PPW Sub-Section 1.2. Q Coverage:Ability to provide Comments: ' products and services for N indicated coverage region 10 M z including distribution,retail 2 &service facilities, a coordination of c manufacturer and distribution,and staff a availability.Clearly states distribution model and w provides dealer list if = applicable. m E PPW Section 3.0 and Exhibit 1. v Conformance: Completeness Comments: `o of proposal and the degree w to which the Proposer 5 responded to the terms and J all requirements and d specifications of the RFP. Followed the response format and content,was 3 clear and easily understood. m Provided Term's and N Condition's,if applicable. 3 PPW Section 8.0 and 4.5 of V RFP. General Comments: M TOTAL 100 d c J 7 m N Name of Evaluator V Signature M Date V O J O T O N Q a c a� E z r Q Packet Pg. 119 8.C.b ATTACHMENT F OREGON REVISED STATUTES (AS MAY BE AMENDED) REQUIREMENTS as N Successful Proposer(Contractor)shall comply with the requirements of this ATTACHMENT F to the extent required by o any applicable federal or state law. 1 Contractor shall apromptly,as due all persons supplyinglabor or materials for the performance of the work Q ( ) pay p provided for in the contract and shall be responsible for such payment of all persons supplying such labor or d material to any Subcontractor. M z (2) Contractor shall promptly pay all contributions or amounts due the Industrial Accident Fund from such Contractor a or Subcontractor incurred in the performance of the contract. +, c m (3) Contractor shall not permit any lien or claim to be filed or prosecuted against the LOC or any Participating Agency a on account of any labor or material furnished and agrees to assume responsibility for satisfaction of any such lien 3 so filed or prosecuted. t UJ (4) Contractor and any Subcontractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167 m L (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 w 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 J claim in the manner authorized hereby shall not relieve the Contractor or Contract surety from Contractor or its c obligation with respect to any unpaid claim. If the LOC or any Participating Agency is unable to determine the J 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. m A (6) Contractor shall promptly,as due,make payment to any person,co-partnership,association,or corporation, 3 furnishing medical,surgical and hospital care services or other needed care and attention,incident to sickness or V 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, N contract or agreement for the purpose of providing or paying for such service. d _ (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 m least time and a half pay for work performed on the legal holidays specified in a collective bargaining agreement or N in ORS 279B.020(I)(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. V _ (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 p number of hours per day and the days per week that the employees may be required to work. J 0 T (9) All subject employers working under the contract are either employers that will comply with ORS 656.017,or N employers that are exempt under ORS 656.126. Q a (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. E z (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. Q Packet Pg. 120 8.C.b (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. N .I- 0 Q d M V L a c m E a w m E m L 0 _ W 3 M J N _ J d 7 m N 7 U ti m O N d _ J a) 7 m N 7 U _ M U O J O T O N Q a _ a� E z r Q Packet Pg. 121 8.C.b ATTACHMENT G WIPHE RESPONSE FORM N •L 0 r THIS FORM MUST BE RETURNED WITH SOLICITATION RESPONSE Q y N R Vendor servicing Washington State AGREES to sell items included in this solicitation to WIPHE institutions at prices offered, unless otherwise noted below: a r c a� DOES NOT agree to sell to WIPHE Institutions. E AGREES to sell to WIPHE Institutions at same prices and discounts, with the following 3 exceptions: (attach additional pages as necessary) w r c m 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: c 4- c w Washington Institutions of Public Higher Education (WIPHE). See list on following page. J C 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 3 schools when a WIPHE contract has been awarded and a master list will be maintained and the WIPHE m website updated. WIPHE shall determine, at its absolute discretion, whether it shall accept and/or utilize 2 the contract resulting from the Request for Proposal U ti co N d C J d 3 m N r L CU c U O J O O N Q d C E L V fC r r Q Packet Pg. 122 8.C.b Washington Institutions of Public Higher Education(WIPHE) FOUR-YEAR UNIVERSITIES CENTRAL WASHINGTON UNIVERSITY N •L EASTERN WASHINGTON UNIVERSITY o THE EVERGREEN STATE COLLEGE UNIVERSITY OF WASHINGTON Q WASHINGTON STATE UNIVERSITY y WESTERN WASHINGTON UNIVERSITY y m z COMMUNITY AND TECHNICAL COLLEGES: BATES TECHNICAL COLLEGE a BELLEVUE COMMUNITY COLLEGE BELLINGHAM TECHNICAL COLLEGE °' E BIG BEND COMMUNITY COLLEGE c- CASCADE COMMUNITY COLLEGE CASCADIA COLLEGE w CENTRALIA COLLEGE CLARK COLLEGE E CLOVER PARK TECHNICAL COLLEGE COLUMBIA BASIN COLLEGE ,o EDMONDS COMMUNITY COLLEGE w EVERETT COMMUNITY COLLEGE 3 GRAYS HARBOR COLLEGE m J GREEN RIVER COMMUNITY COLLEGE HIGHLINE COMMUNITY COLLEGE LAKE WASHINGTON TECHNICAL COLLEGE LOWER COLUMBIA COLLEGE OLYMPIC COLLEGE m PENINSULA COLLEGE PIERCE COLLEGE j RENTON TECHNICAL COLLEGE SEATTLE CENTRAL COMMUNITY COLLEGES m SHORELINE COMMUNITY COLLEGE N SKAGIT VALLEY COLLEGE SOUTH PUGET SOUND COMMUNITY COLLEGE SPOKANE COMMUNITY COLLEGES J m STATE BOARD FOR TECHNICAL&COMMUNITY COLLEGES m WENATCHEE VALLEY COLLEGE YAKIMA VALLEY COMMUNITY COLLEGE V WHATCOM COMMUNITY COLLEGE c m U O J O T O N Q a c a� E z r Q Packet Pg. 123 8.C.b Miscellaneous local agencies within Washington State* ADAMS COUNTY CHELAN COUNTY PUD 1 PUYALLUP SCHOOL DIST 3 CHELAN DOUGLAS COUNTY HEALTH DIST N •L KITSAP COUNTY CHENEY CARE CENTER o FIFE SCHOOL DIST 417 CHILD CARE RESOURCE&REFERRAL W RIVERVIEW SCHOOL DIST 407 CHILDRENS THERAPY CENTER Q GONZAGA UNIVERSITY CHIMACUM SCHOOL DISTRICT 49 y PLANNED PARENTHOOD OF WESTERN CLALLAM COUNTY y WASHINGTON CLALLAM COUNTY FIRE DISTRICT z SNOHOMISH COUNTY CLALLAM COUNTY HOSPITAL DISTRICT MASON COUNTY CLALLAM COUNTY PUD a FEDERAL WAY SCHOOL DIST CLARK COUNTY SPOKANE COUNTY CLARK COUNTY FIRE DISTRICT E ISSAQUAH SCHOOL DIST 411 CLARK COUNTY PUD c- ADAMS COUNTY FIRE DISTRICT CLE ELUM-ROSLYN SCHOOL DISTRICT 404 ADAMS COUNTY HEALTH DISTRICT CLOVER PARK SCHOOL DISTRICT 400 w AFFILIATED HEALTH SERVICES CNTRL WHIDBEY FIRE&RESCUE ALDERWOOD WATER DISTRICT COAL CREEK UTILITY DISTRICT E ANACORTES PORT OF COALITION AGAINST DOMESTIC VIOLENCE ANACORTES SCHOOL DISTRICT 103 COLUMBIA COUNTY o ANNAPOLIS WATER DISTRICT COLUMBIA IRRIGATION DISTRICT w ASOTIN COUNTY COLUMBIA MOSQUITO CONTROL DISTRICT 3 AUBURN SCHOOL DISTRICT 408 COMMUNITY CHRISTIAN ACADEMY J BAINBRIDGE IS SCHOOL DISTRICT 303 COMMUNITY PSYCHIATRIC CLINIC BAINBRIDGE ISLAND FIRE DEPARTMENT COMMUNITY TRANSIT BAINBRIDGE ISLAND PARKS CONFEDERATED TRIBES OF CHEHALIS BATTLE GROUND SCHOOL DISTRICT 119 CONSOLIDATED DIKING IMPROVEMENT DIST m BELLEVUE SCHOOL DISTRICT 405 CONSOLIDATED IRRIGATION y BELLINGHAM PORT OF COWLITZ COUNTY BELLINGHAM SCHOOL DISTRICT 501 COWLITZ COUNTY FIRE DISTRICT j BENTON COUNTY COWLITZ COUNTY PUD BENTON COUNTY FIRE DISTRICT CROSS VALLEY WATER DISTRICT m BENTON COUNTY PUD DAYTON SCHOOL DISTRICT 2 N BENTON FRANKLIN COUNTY DOUGLAS COUNTY a) BENTON FRANKLIN PRIVTE INDUST CNCL DOUGLAS COUNTY FIRE DISTRICT BENTON PORT OF DOUGLAS COUNTY PUD J m BETHEL SCHOOL DISTRICT 403 DRUG ABUSE PREVENTION CENTER 2 BIG BROTHERS BIG SISTERS OF KING CO E COLUMBIA BASIN IRRIGATION DIST m BIRCH BAY WATER&SEWER DISTRICT EAST WENATCHEE WATER BLANCHET SCHOOL DISTRICT EATONVILLE SCHOOL DIST 404 V BREMERTON KITSAP CO HEALTH DISTRICT EDMONDS SCHOOL DISTRICT 15 BREMERTON PORT OF EDUCATIONAL SERVICE DIST 114 m BREMERTON SCHOOL DISTRICT 100 EDUCATIONAL SERVICE DISTRICT 113 U BURLINGTON EDISON SCHOOL DIST 100 ELLENSBURG SCHOOL DIST 401 J CANCER RESEARCH AND BOISTATISTICS ENUMCLAW SCHOOL DIST o CASCADE BLUE MT FD SHR EVERETT PORT OF N CASCADE IRRIGATION DISTRICT EVERETT PUBLICE FACILITIES DIST Q CASHMERE SCHOOL DISTRICT 222 EVERGREEN MANOR INC n CATHOLIC COMM SVCS OF KING CO EVERGREEN SCHOOL DIST 114 m CENTRAL KITSAP SCHOOL DISTRICT 401 FEDERAL WAY FD CENTRAL WAS COMP MENTAL HEALTH FERRY COUNTY E CENTRALIA SCHOOL DISTRICT 40 FERRY COUNTY PUBLIC HOSPITAL CHEHALIS SCHOOL DISTRICT 302 FERRY OKAHOGAN FPD r CHELAN COUNTY FOSS WATERWAY DEVELOPMENT AUTHORITY Q CHELAN COUNTY COMMUNITY HOSPITAL FRANKLIN COUNTY CHELAN COUNTY FIRE DISTRICT FRANKLIN COUNTY PUD Packet Pg. 124 8.C.b FRANKLIN PIERCE SCHOOL DIST 402 LAKE WASHINGTON SCHOOL DIST 414 FRIDAY HARBOR PORT OF LAKEHAVEN UTILITY DIST GARDENA FARMS IRRIGATION DIST 13 LAKEWOOD SCHOOL DIST 306 GARFIELD COUNTY LEWIS CO PUD I N •L GRAND COULEE PROJECT LEWIS COUNTY o GRANDVIEW SCHOOL DIST 116/200 LEWIS COUNTY FIRE DIST GRANITE FALLS SCHOOL DIST 332 LEWIS PUBLIC TRANSPORTATION Q GRANT COUNTY LIBERTY LAKE SEWER&WATER DIST y GRANT COUNTY HEALTH DIST LINCOLN COUNTY y GRANT COUNTY PUD LINCOLN COUNTY FIRE DIST z GRAYS HARBOR COUNTY LONGVIEW PORT OF GRAYS HARBOR COUNTY FIRE DIST LONGVIEW SCHOOL DIST 122 a GRAYS HARBOR COUNTY PUD# 1 LOTT WASTEWATER ALLIANCE GRAYS HARBOR PORT OF LUMMI INDIAN NATION E GRAYS HARBOR PUB DEV AUTH MANCHESTER WATER DIST c- GRAYS HARBOR TRANSIT MARYSVILLE SCHOOL DIST 25 GRIFFIN SCHOOL DIST 324 MASON COUNTY FIRE DIST w HARBORVIEW MEDICAL CENTER MASON COUNTY PUD HAZEL DELL SEWER DIST MEAD SCHOOL DIST 354 E HEALTHY MOTHERS HEALTHY BABIES COAL METRO PARK DISTRICT OF TACOMA HIGHLINE SCHOOL DIST 401 MID COLUMBIA LIBRARY o HIGHLINE WATER DIST MIDWAY SEWER DISTRICT w HOMESIGHT MONROE SCHOOL DIST 103 3 HOPELINK MORTON SCHOOL DIST 214 J HOQUTAM SCHOOL DIST 28 MOSES LAKE PORT OF HOUSING AUTHORITY OF PORTLAND MOUNT BAKER SCHOOL DIST ILWACO PORT OF MT VERNON SCHOOL DISTRICT 320 INCHELIUM SCHOOL DIST 70 MUKILTEO SCHOOL DIST 6 m ISLAND COUNTY MUKILTEO WATER DIST y ISLAND COUNTY FIRE DIST NAVAL STATION EVERETT JEFFERSON COUNTY NE TRI COUNTY HEALTH DIST j JEFFERSON COUNTY FIRE DIST NORTH CENTRAL REGIONAL LIBRARY DIST JEFFERSON COUNTY LIBRARY NORTH KITSAP SCHOOL DIST 400 m JEFFERSON COUNTY PUD NORTH SHORE UTILITY DISTRICT N JEFFERSON GENERAL HOSPITAL NORTH THURSTON SCHOOL DISTRICT KARCHER CREEK SEWER DIST NORTHSHORE SCHOOL DIST 417 KELSO SCHOOL DIST 458 NORTHWEST KIDNEY CTR J m KENNEWICK GENERAL HOSPITAL NORTHWEST WORK FORCE DEVELOPMENT CO KENNEWICK SCHOOL DISTRICT 17 NW REGIONAL COUNCIL m KENT SCHOOL DIST 415 OAK HARBOR SCHOOL DIST 201 KETTLE FALLS SCHOOL DIST 212 OAKVILLE SCHOOL DIST 400 V KING COUNTY OCOSTA SCHOOL DIST 172 KING COUNTY FIRE DIST OKANOGAN COUNTY m KING COUNTY HOUSING AUTHORITY OKANOGAN COUNTY FIRE DIST U KING COUNTY LIBRARY OKANOGAN COUNTY PUD 0 KING COUNTY WATER SEWER OKANOGAN SCHOOL DISTRICT o KINGSTON PORT OF OLYMPIA PORT OF N KITSAP COUNTY FIRE&RESCUE OLYMPIA SCHOOL DISTRICT I I 1 Q KITSAP COUNTY LIBRARY OLYMPIA THURSTON CHAMBER FOUNDATION n KITSAP COUNTY PUD I OLYMPIC AREA AGENCY ON AGING m KITTITAS COUNTY OLYMPIC MEMORIAL HOSPITAL DIST KITTITAS COUNTY PUD OLYMPIC REGION CLEAN AIR AGENCY E KITTITAS COUNTY RECLAMATION DIST OLYMPIC VIEW WATER&SEWER DIST KLICKITAT COUNTY OLYMPUS TERRACE SEWER DIST r KLICKITAT COUNTY PUD PACIFIC COUNTY Q LAKE CHELAN RECLAMATION DIST PACIFIC COUNTY FIRE LAKE STEVENS SCHOOL DIST 4 PARATRANSIT SERVICES Packet Pg. 125 8.C.b PASCO SCHOOL DIST ST JOSEPH/MARQUETTE SCHOOL PEND OREILLE COUNTY CONSERV DIST STANWOOD SCHOOL DIST 410 PEND OREILLE COUNTY PUB HOSP DIST STEVENS COUNTY PEND OREILLE COUNTY PUD STEVENS COUNTY PUD N •L PENINSULA SCHOOL DISTRICT 401 STILLAGUAMISH TRIBE OF INDIANS C PERRY TECHNICAL INSTITUTE SUMNER SCHOOL DISTRICT 320 PIERCE COUNTY SUNNYSIDE PORT OF Q PIERCE COUNTY FIRE DIST SUNNYSIDE SCHOOL DISTRICT 201 y PORT ANGELES PORT OF SUQUAMISH TRIBE y PORT ANGELES SCHOOL DISTRICT 121 SW CLEAN AIR AGENCY z PRESCOTT SCHOOL DIST SWINOMISH TRIBE PUGET SOUND CLEAN AIR AGENCY TACOMA DAY CHILD CARE AND PRESCHOOL a PUGET SOUND SCHOOL DIST TACOMA MUSICAL PLAYHOUSE QUINCY COLUMBIA BASIN IRRIG DIST TACOMA PORT OF E RICHLAND SCHOOL DIST 400 TACOMA SCHOOL DISTRICT 10 c- S KITSAP SCHOOL DISTRICT 402 TACOMA-PIERCE CO S SNOHOMISH CO PUBLIC FAC DIST TAHOMA SCHOOL DISTRICT 409 w SAFEPLACE TERRACE HEIGHTS SEWER DISTRICT SAMISH WATER DIST THURSTON COMMUNITY TELEVISION E SAMMAMISH WATER AND SEWER DIST THURSTON COUNTY SAN JUAN COUNTY THURSTON COUNTY CONSERVATION DIST o SAN JUAN COUNTY FIRE DIST THURSTON COUNTY FIRE DISTRICT w SEA MAR COMM HEALTH CTR TOPPENISH SCHOOL DISTRICT 202 3 SEATTLE JEWISH PRIMARY SCHOOL TOUCHET SD 300 m J SEATTLE PORT OF TRIUMPH TREATMENT SERVICES SEATTLE SCHOOL DIST 1 TUKWILA SCHOOL DIST 406 SEATTLE UNIVERSITY TUMWATER SCHOOL DISTRICT 33 SECOND AMENDMENT FOUNDATION U S DEPARTMENT OF TRANSPORTATION m SECOND CHANCE INC UNITED WAY OF KING COUNTY y SENIOR OPPORTUNITY SERVICES UNIVERSITY PLACE SCHOOL DIST SHELTON SCHOOL DISTRICT 309 UPPER SKAGIT INDIAN TRIBE j SILVERDALE WATER VAL VUE SEWER DISTRICT SKAGIT COUNTY VALLEY TRANSIT m SKAGIT COUNTY CONSERVATION DIST VALLEY WATER DISTRICT N SKAGIT COUNTY FIRE DIST VANCOUVER PORT OF SKAGIT COUNTY ISLAND HOSPITAL VANCOUVER SCHOOL DISTRICT 37 SKAGIT COUNTY PORT OF VASHON ISLAND SCHOOL DISTRICT 402 J m SKAGIT COUNTY PUD 1 VERA IRRIGATION SKAGIT TRANSIT VETERANS ADMINISTRATION m SKAMANIA COUNTY VOLUNTEERS OF AMERICA SKOOKUM INC WA ASSOC OF SCHOOL ADMINISTRATORS V SNOHOMISH COUNTY LIBRARY WA ASSOC SHERIFFS&POLICE CHIEFS SNOHOMISH COUNTY PUD WA GOVERNMENTAL ENTITY POOL m SNOHOMISH HEALTH DISTRICT WA LABOR COUNCIL AFL-CIO U SNOHOMISH SCHOOL DISTRICT 201 WA PUBLIC PORTS ASSOCIATION 0 J SOAP LAKE SCHOOL DISTRICT 156 WA RESEARCH COUNCIL o SOOS CREEK WATER AND SEWER DIST WA ST ASSOCIATION OF COUNTIES N SOUND TRANSIT WA STATE PUBLIC STADIUM AUTHORITY Q SOUTH COLUMBIA BASIN IRRIG DIST WAHKIAKUM COUNTY n SOUTH EAST EFFECTIVE DEVELOPMENT WALLA WALLA COLLEGE m SOUTH SOUND MENTAL HEALTH SERVICES WALLA WALLA COUNTY SOUTHWEST YOUTH&FAMILY SERVICES WALLA WALLA COUNTY FIRE DISTRICT E SPECIAL MOBILITY SERVICES INC WALLA WALLA PORT OF SPOKANE CO AIR POLLUTION CNTRL AUTHORITY WALLA WALLA SD 140 r SPOKANE COUNTY FIRE DIST WASHINGTON ASSOCIATION Q SPOKANE COUNTY LIBRARY WASHINGTON COUNTIES RISK POOL SPOKANE SCHOOL DISTRICT 81 WASHINGTON FIRE COMMISSIONERS ASSOC Packet Pg. 126 8.C.b WASHINGTON HEALTH CARE ASSOCIATION YAKIMA VALLEY FARMWORKERS CLINIC WASHINGTON PUBLIC AFFAIRS NETWORK YAKIMA-TIETON IRRIGATION DISTRICT WASHINGTON STATE MIGRANT COUNCIL YELM COMMUNITY SCHOOL DISTRICT WEST VALLEY SCHOOL DISTRICT 208 YMCA-TACOMA PIERCE COUNTY N L WEST VALLEY SCHOOL DISTRICT 363 YMCA OF GREATER SEATTLE o WESTERN FOUNDATION THE WHATCOM CONSERVATION DIST *Washington State cities and other unnamed Q WHATCOM COUNTY Washington State local and municipal agencies may WHATCOM COUNTY FIRE DISTRICT also utilize the resulting Master Price Agreement; 0 WHATCOM COUNTY RURAL LIBRARY DIST provided they enter into the Intergovernmental WHIDBEY GENERAL HOSPITAL Cooperative Purchasing Agreement. WHITMAN COUNTY a WHITWORTH WATER WILLAPA COUNSELING CENTER E WILLAPA VALLEY SCHOOL DISTRICT 160 c- WILLAPA VALLEY WATER DISTRICT WINLOCK SCHOOL DISTRICT 232 w WOODINVILLE FIRE&LIFE SAFETY DIST WOODLAND PORT OF E YAKIMA COUNTY YAKIMA COUNTY FIRE DISTRICT o YAKIMA COUNTY REGIONAL LIBRARY w YAKIMA SCHOOL DISTRICT 7 3 M J N C J d 7 m N 7 U ti m N d C J a) 7 m N 7 U C M U O J O T 0 N Q a c a� E z r Q Packet Pg. 127 8.C.b ATTACHMENT H LOCAL GOVERNMENT UNITS BY STATE N L O Oregon's Incorporated Cities ADAIR VILLAGE DEPOE BAY IONE MYRTLE CREEK SPRAY Q ADAMS DETROIT IRRIGON MYRTLE POINT SPRINGFIELD d ADRIAN DONALD ISLAND CITY NEHALEM ST HELENS M ALBANY DRAIN JACKSONVILLE NEWBERG ST PAUL AMITY DUFUR JEFFERSON NEWPORT STANFIELD 3 ANTELOPE DUNDEE JOHN DAY NORTH BEND STAYTON a ARLINGTON DUNES CITY JOHNSON CITY NORTH PLAINS SUBLIMITY m ASHLAND DURHAM JORDAN VALLEY NORTH POWDER SUMMERVILLE E ASTORIA EAGLE POINT JOSEPH NYSSA SUMPTER .5 ATHENA ECHO JUNCTION CITY OAKLAND SUTHERLIN 0, w AUMSVILLE ELGIN KEIZER OAKRIDGE SWEET HOME _ AURORA ELKTON KING CITY ONTARIO TALENT BAKER CITY ENTERPRISE KLAMATH FALLS OREGON CITY TANGENT BANDON ESTACADA LA GRANDE PAISLEY THE DALLES c BANKS EUGENE LAPINE PENDLETON TIGARD BARLOW FAIRVIEW LAFAYETTE PHILOMATH TILLAMOOK w BAY CITY FALLS CITY LAKE OSWEGO PHOENIX TOLEDO BEAVERTON FLORENCE LAKESIDE PILOT ROCK TROUTDALE BEND FOREST GROVE LAKEVIEW PORT ORFORD TUALATIN c BOARDMAN FOSSIL LEBANON PORTLAND TURNER J BONANZA GARBALDI LEXINGTON POWERS UKIAH 3 BROOKINGS GASTON LINCOLN CITY PRAIRIE CITY UMATILLA m BROWNSVILLE GATES LONEROCK PRESCOTT UNION BURNS GEARHART LONG CREEK PRINEVILLE UNITY 3 BUTTE FALLS GERVAIS LOSTINE RAINIER VALE V CANBY GLADSTONE LOWELL REDMOND VENETA ti CANNON BEACH GLENDALE LYONS REEDSPORT VERNONIA N CANYON CITY GOLD BEACH MADRAS RICHLAND WALDPORT CANYONVILLE GOLD HILL MALIN RIDDLE WALLOWA CARLTON GRANITE MANZANITA RIVERGROVE WARRENTON CASCADE LOCKS GRANTS PASS MAUPIN ROCKAWAY WASCO CAVE JUNCTION GRASS VALLEY MAYWOOD PARK BEACH WATERLOO m CENTRAL POINT GREENHORN MCMINNVILLE ROGUE RIVER WESTLINN N CHILOQUIN GRESHAM MEDFORD ROSEBURG WESTFIR 3 CLATSKANIE HAINES MERRILL RUFUS WESTON V COBURG HALFWAY METOLIUS SALEM WHEELER COLUMBIA CITY HALSEY MILLCITY SANDY WILLAMINA U CONDON HAPPY VALLEY MILLERSBURG SCAPPOUSE WILSONVILLE p COOSBAY HARRISBURG MILTON- SCIO WINSTON J COQUILLE HELIX FREEWATER SCOTT MILLS WOOD VILLAGE c CORNELIUS HEPPNER MILWAUKIE SEASIDE WOODBURN N CORVALLIS HERMISTON MITCHELL SENECA YACHATS Q a COTTAGE GROVE HILLSBORO MOLALLA SHADY COVE YAMHILL COVE HINES MONMOUTH SHANIKO YONCALLA CRESWELL HOOD RIVER MONROE SHERIDAN This may not be a CULVER HUBBARD MONUMENT SHERWOOD complete list of all t DALLAS HUNTINGTON MORO SILETZ Oregon cities,but all DAMASCAS IDANHA MOSIER SILVERTON other Oregon cities Q DAYTON IMBLER MT ANGEL SISTERS shall be incorporated DAYVILLE INDEPENDENCE MT VERNON SODAVILLE by this reference. Packet Pg. 128 8.C.b Hawaii's Counties Hawaii Honolulu Kalawao Kauai Maui ^y N �L O Q N N N cc t V L a. E Q W cd C a) V L O W 3 J N C J d 3 m N 7 U ti m rn N d C J d 3 m N 3 U c U O J O O N Q d C N E t V R r r Q Packet Pg. 129 DocuSign Envelope ID:6168B5EA-9E79-416C-AB12-B3E7DA82EDEC 8.C.b ATTACHMENT F to Master Price Agreement by and between VENDOR and PURCHASER. N �L ADDITIONAL VENDOR TERMS OF PURCHASE, IF ANY. °, Q N N N t V L a. E Q W d E a) V L O W 3 J N C J d 3 m N 1` 7 U ti m rn N d C J d 3 m N 1` 3 U c U O J O O N Q a. C N E t V R r r Q 17 Packet Pg. 130 8.D • KENT W A S M I N G T O N DATE: January 18, 2022 TO: Kent City Council SUBJECT: Safariland, LLC - Law Enforcement Equipment Purchases - Authorize AMENDED MOTION: I move to authorize the Police Chief to purchase law enforcement equipment through a cooperative purchasing agreement the state Department of Enterprise Services has with Safariland, LLC, if those purchases are within the City's established budgets and made during the term of the cooperative contract and for the Chief to provide the Council with an itemized list of spending under this contract on a monthly basis. SUMMARY: The City has entered into an agreement with the state Department of Enterprise Services ("DES"), which allows the City to purchase through contracts the state publicly bids and enters into with various vendors. The state has, in turn, entered into an agreement with a national purchasing cooperative, the NASPO Cooperative Purchasing Organization, LLC, which is a non-profit subsidiary of the National Association of State Procurement Officials ("NASPO"). NASPO provides states, local governments, public educational entities and other agencies with purchasing power that allows them to leverage their spending through a single solicitation that obtains best value pricing and superior contract terms than the agencies could do on their own. Purchases made through a cooperative contract satisfy the competitive bid requirements under KCC 3.70.110.F. and G. One contract that NASPO has entered into, and which the state DES has elected to participate in, is a contract with Safariland, LLC ("Safariland"), to supply body armor and ballistic resistant products for law enforcement. This contract is currently in effect through November 10, 2022. Should the City purchase from Safariland under the purchasing cooperative's contract, the terms and conditions of that master contract will apply. A copy of the state's participating addendum and the master contract are attached. The City Attorney's Office has reviewed the cooperative contract and determined that no other contract document is required by the City for it to take advantage of the NASPO cooperative contract. The Mayor has previously authorized the Kent Police Department to purchase through this cooperative contract up to her $100,000 purchasing authority. However, the Kent Police Department would like Council to authorize all future purchases made through this cooperative contract, so long as those purchases are made during the term of the cooperative contract and Packet Pg. 131 8.D within budgets previously established and approved by Council. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Safariland, LLC (PDF) 01/04/22 Operations and Public Safety Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 1/18/2022 7:00 PM MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner Packet Pg. 132 8.D.a Washington State Department of Enterprise Services PARTICIPATING ADDENDUM NASPO VALUEPOINT a� N •L BODY ARMOR AND BALLISTIC RESISTANT PRODUCTS 0 t .r Administered by the State of Colorado (hereinafter "Lead State") a N MASTER AGREEMENT Master Agreement No: 164720 a. r Safariland, LLC a (hereinafter "Contractor") E .3 and a W State of Washington (hereinafter "Participating State") E U WASHINGTON MASTER CONTRACT NO.: 03720 0 c W This Participating Addendum for the above referenced Master Agreement ("Participating Addendum") is made and entered into by and between the State of Washington acting by and through the Department J of Enterprise Services, a Washington State governmental agency ("Enterprise Services") and Safariland, J LLC.,a Delaware Limited Liability Company("Contractor")and is dated and effective as of March 16, 2021. c RECITALS f° L A. Pursuant to Legislative authorization codified in RCW 39.26.060, Enterprise Services, on M behalf of the State of Washington, is authorized to participate in cooperative purchasing Go agreements to develop master agreements to procure goods and/or services and to make to CD such competitively solicited and awarded contracts available to Washington state N agencies and designated eligible purchasers consistent with terms and conditions set v forth by Enterprise Services. B. Enterprise Services timely provided public notice of the competitive solicitation process = conducted by the above-referenced lead state through Washington's Electronic Business Solutions (WEBS) system. Cn C. The above-referenced Lead State,as part of its competitive solicitation process,evaluated all responses to its procurement and identified Contractor as an apparent successful E bidder and awarded a Master Agreement to Contractor. D. Enterprise Services has determined that participating in this Master Agreement is in the a best interest of the State of Washington. E. The purpose of this Participating Addendum is to enable eligible purchasers, as defined herein, to utilize the Master Agreement as conditioned by this Participating Addendum. PARTICIPATING ADDENDUM—NO.03720: BODY ARMOR AND BALLISTIC RESISTANT PRODUCTS Page 1 (Rev.2019-12-01) Packet Pg. 133 8.D.a AGREEMENT NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein, the parties hereto hereby agree as follows: 1. SCOPE: This Participating Addendum covers the competitive procurement for Body Armor and Ballistics Resistant Products led by the State of Colorado for use by state agencies and other entities located in the Participating State authorized by that state's statutes to utilize state contracts with the o prior approval of the State's chief procurement official. Q 2. PARTICIPATION: Use of specific NASPO ValuePoint cooperative contracts by agencies, political N subdivisions and other entities(including cooperatives) authorized by an individual state's statutes to y use state contracts are subject to the prior approval of the respective State chief procurement official. Issues of interpretation and eligibility for participation are solely within the authority of the State chief procurement official. Pursuant to this Participating Addendum,the Master Agreement maybe utilized a r by the following ("Purchasing Entities" or"Purchasers"): E (a) WASHINGTON STATE AGENCIES. All Washington state agencies, departments, offices, divisions, •a 2 boards, and commissions. a w r (b) WASHINGTON STATE INSTITUTIONS OF HIGHER EDUCATION (COLLEGES). Any the following specific institutions of higher education in Washington: 4) L ■ State universities—i.e., University of Washington &Washington State University; ,0 c ■ Regional universities — i.e., Central Washington University, Eastern Washington 3 University, &Western Washington University J ■ The Evergreen State College; Lj J ■ Community colleges; and J ■ Technical colleges. (c) MCUA PARTIES. The Master Agreement also may be utilized by any of the following types of entities that have executed a Master Contract Usage Agreement (MCUA) with Enterprise cn Services: co W ■ Political subdivisions (e.g., counties, cities, school districts, public utility districts, CD ports) in the State of Washington; v J ■ Federal governmental agencies or entities; J ■ Public-benefit nonprofit corporations (i.e., § 501(c)(3) nonprofit corporations that receive federal, state, or local funding); and ■ Federally-recognized Indian Tribes located in the State of Washington. Cn By placing an order under this Participating Addendum, each Purchasing Entity agrees to be bound by m the terms and conditions of this Participating Addendum, including the Master Agreement. Each E Purchasing Entity shall be responsible for its compliance with such terms and conditions. U r r Q 3. PARTICIPATING STATE MODIFICATIONS OR ADDITIONS TO MASTER AGREEMENT: 3.1. WASHINGTON's ELECTRONIC BUSINESS SOLUTIONS (WEBS) SYSTEM: Within seven (7) days of execution of this Participating Addendum, Contractor shall register in the Washington State Department of Enterprise Services' Electronic Business Solutions (WEBS) System at WEBS. PARTICIPATING ADDENDUM—NO.03720: BODY ARMOR AND BALLISTIC RESISTANT PRODUCTS Page 2 (Rev.2019-12-01) Packet Pg. 134 8.D.a Contractor shall ensure that all of its information therein is current and accurate and that, throughout the term of the Master Agreement, Contractor shall maintain an accurate profile in WEBS. 3.2. WASHINGTON'S STATEWIDE PAYEE DESK: To be paid for contract sales,Contractors must register with Washington's Statewide Payee Desk. Washington state agencies cannot make payments to a contractor until it is registered. Registration materials are available here: N Receiving Payment from the State. o 3.3. CONTRACT SALES REPORTING: Contractor shall report total contract sales quarterly to ' Q Enterprise Services, as set forth below. N (a) REPORTING. Contractor shall report quarterly Contract sales in Enterprise Services' Contract Sales Reporting System. Enterprise Services will provide Contractor with a login password and a vendor number. a (b) DATA. Each sales report must identify every authorized Purchasing Entity by name as c m it is known to Enterprise Services and its total combined sales amount invoiced during E the reporting period (i.e., sales of an entire agency or political subdivision, not its .3 5 individual subsections). The "Miscellaneous" option may be used only with prior w approval by Enterprise Services. Upon request, Contractor shall provide contact information for all authorized Purchasing Entities specified herein during the term of E this Participating Addendum. Refer sales reporting questions to the Primary Contact i set forth below. If there are no contract sales during the reporting period,Contractor c must report zero sales. w (c) DUE DATES FOR CONTRACT SALES REPORTING. Quarterly Contract Sales Reports must be 3 ca J submitted electronically by the following deadlines for all sales invoiced during the applicable calendar quarter: J For Calendar Quarter Ending Contract Sales Report Due March 31 April 30 L June 30 July 31 September 30 October 31 00 W December 31 January 31 N 3.4. VENDOR MANAGEMENT FEE: Contractor shall pay to Enterprise Services a vendor management J fee ("VMF")of 1.5 percent on the purchase price for all contract sales(the purchase price is the total invoice price less applicable sales tax) authorized by this Participating Addendum. (a) The sum owed by Contractor to Enterprise Services as a result of the VMF is calculated as follows: Amount owed to Enterprise Services =Total contract sales invoiced (not including sales tax)x .0150. E (b) The VMF must be rolled into Contractor's current pricing. The VMF must not be U r shown as a separate line item on any invoice unless specifically requested and a approved by Enterprise Services. (c) Enterprise Services will invoice Contractor quarterly based on contract sales reported by Contractor. Contractor shall not remit payment until it receives an invoice from Enterprise Services. Contractor's VMF payment to Enterprise Services must reference PARTICIPATING ADDENDUM—NO.03720: BODY ARMOR AND BALLISTIC RESISTANT PRODUCTS Page 3 (Rev.2019-12-01) Packet Pg. 135 8.D.a the following: ■ This Washington Master Contract No.: 03720 ■ The NASPO Master Agreement No.: 164720 ■ The year and quarter for which the VMF is being remitted, and ■ Contractor's name as set forth in this Contract, if not already included on the face of the check. N (d) Contractor's failure accurately and timely to report total net sales, to submit usage 0 reports, or remit payment of the VMF to Enterprise Services, may be cause for 3 suspension or termination of this Participating Addendum or the exercise of any other Q remedies as provided by law. to (e) Enterprise Services reserves the right, upon thirty (30) days advance written notice, t to increase, reduce, or eliminate the VMF for subsequent purchases. IL (f) For purposes of the VMF,the parties agree that the initial management fee is included in the pricing. Therefore, any increase or reduction of the management fee must be m E reflected in contract pricing commensurate with the adjustment. Q- a 3.5. CONTRACTOR REPRESENTATIONS AND WARRANTIES: Contractor makes each of the following W r representations and warranties as of the effective date of this Participating Addendum and at the time any order is placed pursuant to the Master Contract. If, at the time of any such E order, Contractor cannot make such representations and warranties, Contractor shall not c process any orders and shall, within three (3) business days notify Enterprise Services, in writing, of such breach. W 3 (a) WAGE VIOLATIONS. Contractor represents and warrants that, during the term of this _J Master Contract and the three (3) year period immediately preceding the award of v the Master Contract, it is not determined, by a final and binding citation and notice of � assessment issued by the Washington Department of Labor and Industries or through -a c a civil judgment entered by a court of limited or general jurisdiction, to be in willful violation of any provision of Washington state wage laws set forth in RCW chapters ,o 49.46,49.48, or 49.52. cn (b) PAY EQUALITY. Contractor represents and warrants that, among its workers, similarly to employed individuals are compensated as equals. For purposes of this provision, N employees are similarly employed if the individuals work for the same employer, the v performance of the job requires comparable skill, effort, and responsibility, and the J J jobs are performed under similar working conditions. Job titles alone are not -a determinative of whether employees are similarly employed. Contractor may allow differentials in compensation for its workers based in good faith on any of the following: a seniority system; a merit system; a system that measures earnings by Cn quantity or quality of production; a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels. A bona fide job-related factor or E factors may include, but not be limited to, education, training, or experience that is: consistent with business necessity; not based on or derived from a gender-based r differential; and accounts for the entire differential. A bona fide regional difference a in compensation level must be consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential. Notwithstanding any provision to the contrary, upon breach of warranty and Contractor's failure to provide satisfactory evidence of compliance within thirty (30) PARTICIPATING ADDENDUM—NO.03720: BODY ARMOR AND BALLISTIC RESISTANT PRODUCTS Page 4 (Rev.2019-12-01) Packet Pg. 136 8.D.a days, Enterprise Services may suspend or terminate this Participating Addendum and Master Contract and any Purchaser hereunder similarly may suspend or terminate its use of the Master Contract and/or any agreement entered into pursuant to this Participating Addendum. (C) EXECUTIVE ORDER 18-03 — WORKERS' RIGHTS (MANDATORY INDIVIDUAL ARBITRATION). Contractor represents and warrants,that Contractor does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration L clauses or class or collective action waivers. Contractor further represents ands°, warrants that, during the term of this Master Contract, Contractor shall not, as a ' Q condition of employment, require its employees to sign or agree to mandatory w individual arbitration clauses or class or collective action waivers. N t (d) GREEN/SUSTAINABLE. Contractor represents and warrants that Contractor shall endeavor to supply and delivery goods in alignment with the State of Washington's li r green/sustainability strategy which, at a minimum is designed to minimize the use of m unnecessary product packaging, reduce the use of toxic chemicals, and offer E Purchasers,where practicable, 'green products'that provide equivalent performance. a w 3.6. COMPLIANCE WITH LAW; TAXES, LICENSES, & REGISTRATION: Contractor shall comply with all applicable law. Prior to making any sales hereunder, if Contractor is not already registered, m E Contractor shall register to conduct business in the State of Washington and promptly 4) acquire and maintain all necessary licenses and registrations and pay all applicable taxes ,o and fees. In addition, for all sales to Purchasers in the State of Washington, if Contractor W does not currently do so, Contractor shall calculate, collect, and remit, as appropriate, the applicable state and local sales tax on all invoices. J U 3.7. CONTRACTOR'S SALES AUTHORITY;PURCHASE ORDERS;&INVOICES: J J (a) CONTRACTOR'S SALES AUTHORITY. Pursuant to this Participating Addendum, c Contractor is authorized to provide only those Products set forth in the Master f° Agreement as conditioned by this Participating Addendum. Contractor shall not represent to any Purchasing Entity hereunder that it has any authority to sell to any other materials, supplies, services and/or equipment. 00 CD co (b) PURCHASE ORDERS. All purchase orders issued by purchasing entities pursuant to N this Participating Addendum shall include both the Participating State contract v number 164720 and the Lead State Master Agreement Number 03720. (C) INVOICES. Contractor must provide a properly completed invoice to Purchasing Entity. All invoices are to be delivered to the address indicated in the purchase L order. Each invoice must include the: ■ Washington Master Contract Number 03720; ■ Lead State Master Agreement Number 164720; ■ Contractor's statewide vendor registration number assigned by the Washington State Office of Financial Management(OFM); r r ■ Applicable Purchasing Entity's order number; Q Invoices must be prominently annotated by the Contractor with all applicable volume discount(s). PARTICIPATING ADDENDUM—NO.03720: BODY ARMOR AND BALLISTIC RESISTANT PRODUCTS Page 5 (Rev.2019-12-01) Packet Pg. 137 8.D.a 4. PRIMARY CONTACTS: The primary contact individuals for this Participating Addendum are as follows (or their named successors): Contractor Participating State Safariland, LLC. State of Washington 13386 International Parkway Department of Enterprise Services a� Jacksonville, FL 32218 Contracts& Procurement Division N L P.O. Box 41411 0 Olympia, WA 98504-1411 3 Q Attn: Jaime Marini Attn: Breann Aggers w Tel: (904) 807-1928 Tel: (360)407-9416 Email: Jaime.marini@safariland.com Email: breann.aggers@des.wa.gov L a. S. AGENTS AND DISTRIBUTORS: Except for subcontracts with Contractor's designated Agents and Distributors, Contractor shall not subcontract, assign, or otherwise transfer its obligations under the E Master Agreement and this Participating Addendum without Enterprise Services' prior written consent. Violation of this condition shall constitute a material breach establishing grounds for a W termination of this Participating Addendum. m • AGENTS AND DISTRIBUTORS. Contractor is authorized, without additional Participating E State consent, to utilize its Agents and Distributors to provide sales and service U L support to Purchasers hereunder;provided, however,that such participation shall be ° c in accordance with the terms and conditions set forth in the Master Agreement and W this Participating Addendum. Contractor shall maintain a list of such Agents and J Distributors utilized for this Participating Addendum, and, upon request, promptly provide Enterprise Services with such list and any updates. J • CONTRACTOR RESPONSIBILITY FOR AGENTS AND DISTRIBUTORS. Contractor shall be -a responsible to ensure that all requirements of the Master Agreement (including, but a not limited to, insurance requirements, indemnification, Washington state business registration, etc.)flow down to any and all Agents and Distributors. In no event shall 0 the existence of a subcontract between Contractor and its Agents and Distributors Go operate to release or reduce Contractor's liability to the Participating State or any W Purchaser for any breach of the Master Agreement or this Participating Addendum. =' As to Participating State and Purchasers hereunder, Contractor shall have full and complete responsibility and liability for any act or omission by Contractor's Agents J and Distributors. c • PURCHASER PAYMENT REGARDING CONTRACTOR'S AGENTS AND DISTRIBUTORS. Notwithstanding any provision to the contrary,the parties understand and agree that for any contract sales or service provided pursuant to the Master Agreement and this Participating Addendum, Purchaser payment shall be made directly to Contractor as the awarded vendor pursuant to the competitive procurement; provided, however, that, in the event any such sales or services are performed by a Agents and r r Distributors for Contractor,Contractor may instruct such Purchaser to make payment Q for such sales or services to Contractor's identified Agents and Distributors. Regardless of whether Contractor instructs a Purchaser to make such payment to Contractor's Agents and Distributors, Contractor shall remain responsible for performance. PARTICIPATING ADDENDUM—NO.03720: BODY ARMOR AND BALLISTIC RESISTANT PRODUCTS Page 6 (Rev.2019-12-01) Packet Pg. 138 8.D.a ■ CONTRACT SALES REPORTING. Notwithstanding any provision to the contrary,Contractor shall report to Enterprise Services total contract sales,delineated by purchaser, made by each individual Agents and Distributors and also report total contract sales, delineated by purchaser,on a consolidated Contractor'roll-up' basis. Contractor shall maintain records supporting such reports in accordance with the Master Agreement's records retention requirements. as N 6. ORDERS: Unless the parties to the Order agree in writing that another contract or agreement applies t to such order, any Order placed by a Participating Entity or Purchasing Entity for a Product and/or 3 Service available from this Master Agreement shall be deemed to be a sale under (and governed by Q the prices and other terms and conditions of) the Master Agreement as conditioned by this Participating Addendum. L 7. GENERAL: d r C (a) INTEGRATED AGREEMENT; MODIFICATION. This Participating Addendum and Master Agreement, together with its exhibits, set forth the entire agreement and understanding of the Parties a with respect to the subject matter and supersedes all prior negotiations and representations. a This Participating Addendum may not be modified except in writing signed by the Parties. r c m (b) AUTHORITY. Each party to this Participating Addendum, and each individual signing on behalf m of each party, hereby represents and warrants to the other that it has full power and authority U L to enter into this Participating Addendum and that its execution, delivery, and performance ° c of this Participating Addendum has been fully authorized and approved, and that no further W approvals or consents are required to bind such party. J (c) ELECTRONIC SIGNATURES. A signed copy of this Participating Addendum or any other ancillary 6 agreement transmitted by facsimile, email, or other means of electronic transmission shall be � deemed to have the same legal effect as delivery of an original executed copy of this Participating Addendum or such other ancillary agreement for all purposes. L (d) COUNTERPARTS. This Participating Addendum may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall 00 constitute the same instrument which may be sufficiently evidenced by one counterpart. W CD Execution of this Participating Addendum at different times and places by the parties shall not `4 affect the validity thereof so long as all the parties hereto execute a counterpart of this J Participating Addendum. J c EXECUTED as of the date and year first above written. L STATE OF WASHINGTON SAFARILAND,LLC., U) DEPARTMENT OF ENTERPRISE SERVICES A DELAWARE LIMITED LIABILITY COMPANY d E By: f" // By: Z�IGl+t� U r r Elena McGrew Ja es Duncan a Its: Acting Enterprise Procurement Manager Its: General Manager,VP-Armor PARTICIPATING ADDENDUM—NO.03720: BODY ARMOR AND BALLISTIC RESISTANT PRODUCTS Page 7 (Rev.2019-12-01) Packet Pg. 139 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 8.D.a )kkNASPO ValuePaint a N L 0 NASPO ValuePoint Master Agreement Terms and a fn Conditions a. For Body Armor and Ballistic Resistant Products E A Contract for the NASPO ValuePoint Cooperative Purchasing Program Acting by and through the State of Colorado (Lead State) W E 0 Department of Personnel & Administration c State Purchasing & Contracts Office w 1525 Sherman Street, 3rd Floor Denver, Co 80203 J U J J And -� L Safariland, LLC 13386 International ParkwayGo Jacksonville, FL 49622 N Master Agreement Number 164720 J L Cn d E V Q Page 1 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 140 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 8.D.a TABLE OF CONTENTS 1. NASPO VALUEPOINT MASTER AGREEMENT OVERVIEW......................................4 1.1. Parties....................................................................................................................4 1.2. Effective Date.........................................................................................................4 1.3. Master Agreement Order of Precedence.....................................................................4 1.4. Term of this Master Agreement.................................................................................4 L 0 2. DEFINITIONS.............................................................................................................5 0 3. NASPO VALUEPOINT PROGRAM PROVISIONS .......................................................8 a 3.1. Price and Rate Guarantee Period...............................................................................8 to 3.2. Participants and Scope .............................................................................................9 i 0 3.3. Administrative Fees...............................................................................................10 a r c 3.4. NASPO ValuePoint Summary and Detailed Usage Reports .......................................10 3.5. NASPO ValuePoint Cooperative Program Marketing and Performance Review...........12 3 CT 3.6. NASPO ValuePoint eMarket Center........................................................................13 w r c 3.7. Right to Publish.....................................................................................................15 E a) 3.8. Individual Customers.............................................................................................15 U 0 4- 4. STATEMENT OF WORK...........................................................................................15 w 4.1. Overview..............................................................................................................15 J 4.2. Product Standards..................................................................................................16 v J 4.3. Product Category...................................................................................................16 J 4.4. Current Awarded Categories...................................................................................17 4.5. Product Specifications............................................................................................18 0 4.6. Product Recycling .19 Go to 5. ADMINISTRATION OF ORDERS..............................................................................19 N 5.1. Ordering and Invoicing Specifications .....................................................................19 v J 5.2. Payment ...............................................................................................................20 J 6. GENERAL PROVISIONS...........................................................................................21 6.1. Insurance..............................................................................................................21 0 6.2. Records Administration and Audit.................................................................. ........22 Cn c 6.3. Confidentiality,Non-Disclosure, and Injunctive Relief..............................................22 6.4. License of Pre-Existing Intellectual Property 24 U 0 r r 6.5. Public Information.................................................................................................24 a 6.6. Assignment/Subcontracts .......................................................................................24 6.7. Changes in Contractor Representation .....................................................................24 6.8. Independent Contractor..........................................................................................24 6.9. Force Majeure.......................................................................................................24 Page 2 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 141 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 8.D.a 6.10. Defaults and Remedies.....................................................................................25 6.11. Waiver of Breach.............................................................................................25 6.12. Debarment ......................................................................................................26 6.13. Indemnification ...............................................................................................26 6.14. No Waiver of Sovereign Immunity....................................................................27 6.15. Governing Law and Venue ...............................................................................27 N 6.16. Assignment of Antitrust Rights .........................................................................27 0 6.17. Contract Provisions for Orders Utilizing Federal Funds .......................................27 a EXHIBIT A, PRODUCT AND PRICE LISTS ....................................................................29 to EXHIBIT B, AGENTS AND DISTRIBUTORS BY STATE ................................................29 EXHIBIT C, WARRANTY AND RECYCLING PLAN ......................................................29 a EXHIBIT D, NASPO VALUEPOINT DETAILED SALES REPORTING TEMPLATE.........29 EXHIBIT E, CONTRACTOR ATTESTATION..................................................................30 a .3 a W r c m E 0 U L G W 3 c� J U J J C to L Go W N U J J C �L Cn d E V Q Page 3 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 142 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 8.D.a 1. NASPO VALUEPOINT MASTER AGREEMENT OVERVIEW 1.1. Parties This Master Agreement is entered into by and between the State of Colorado, acting by and through the Department of Personnel&Administration, State Purchasing&Contracts Office(hereinafter called the "Lead State"), and Safariland,LLC(hereinafter called"Contractor"), for the procurement of Body Armor and Ballistic Resistant Products for the benefit of Participating States, Entity's, and Purchasing Entities. The Contractor and the Lead State herby agree to the following terms and conditions. m N 1.2. Effective Date o This Master Agreement shall not be effective or enforceable until the date on which it is approved and signed(hereinafter called the"Effective Date")by the Colorado State Controller or designee. a 1.3. Master Agreement Order of Precedence 1.3.1. Any Order placed under this Master Agreement shall consist of the following documents: L a) A Participating Entity's Participating Addendum("PA"); a r b) NASPO ValuePoint Master Agreement Terms &Conditions,including all Exhibits. c) An Order issued against this Master Agreement; Q. •7 d) The Solicitation, RFP-AR-2 1-001 Body Armor and Ballistic Resistant Products; and w r e) Contractor's response to the Solicitation, as revised(if permitted) and accepted by the Lead State. E m L 1.3.2. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contractor terms and conditions that apply to this Master Agreement are only w those that are expressly accepted by the Lead State and shall be incorporated into this Master J Agreement. c� J 1.4. Term of this Master Agreement J 1.4.1. Initial Term-Work Commencement.The Parties' respective performances under this Master r_ Agreement shall commence on the Effective Date. This Master Agreement shall terminate on L November 10, 2022 unless terminated sooner, as specified in§6.10(Defaults and Remedies), or extended further as specified in§1.4.2 below. co 00 1.4.2. Extension of Agreement.This Master Agreement may be extended beyond the original Contract co period for up to three(3)consecutive one(1)year additional terms,upon the mutual agreement of the Lead State and Contractor,by written Amendment. The total duration of this Master Agreement,including any extensions, shall not exceed five(5)years. J c 1.4.3. Amendments.The terms of this Master Agreement shall not be waived, altered,modified, supplemented or amended in any manner whatsoever without prior written Amendment of the Lead State and Contractor. Cn c 1.4.4. Cancellation.This Master Agreement may be canceled by either party upon sixty(60)days written E notice prior to the effective date of the cancellation.Further, any Participating Entity may cancel its participation upon thirty(30) days written notice,unless otherwise limited or stated in the a Participating Addendum. Cancellation may be in whole or in part.Any cancellation under this provision shall not affect the rights and obligations attending Orders outstanding at the time of cancellation,including any right of and Purchasing Entity to indemnification by the Contractor, rights of payment for Products delivered and accepted, and rights attending any warranty or default in performance in association with any Order. Cancellation of this Master Agreement due to Contractor default may be immediate. Page 4 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 143 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 8.D.a 2. DEFINITIONS The following terms shall be construed and interpreted as follows: Term Description A written notice from a Purchasing Entity to Contractor advising Contractor that the Product has passed its Acceptance Testing. Acceptance of a Product Acceptance for which Acceptance Testing is not required shall occur following the completion of delivery,installation,if required, and a reasonable time for inspection of the Product,unless the Purchasing Entity provides a written o notice of rejection to Contractor. Ballistic panel A type of armor panel intended to provide ballistic resistance. (ASTM Q Terminology E3005) a� An item of personal protective equipment intended to protect the wearer Body Armor from threats that may include ballistic threats, stabbing, fragmentation, or blunt impact. Law enforcement and corrections officers typically refer to a body armor as a vest. (ASTM Terminology E3005) m Business Day Any day other than Saturday, Sunday or a legal holiday. E CL .3 A garment whose primary purpose is to retain the armor panel(s)or plate(s) LU Carrier and provide a means of supporting and securing the armor panel(s) or plate(s)to the wearer. (ASTM Terminology E3005) E A type of body armor intended to protect the wearer from both ballistic Combination Vest threats and stabbing. Combination armor is sometimes called dual-threat ,o armor or multiple-threat armor. ASTM Terminology E3005 w A vest designed to be worn under the shirt(uniform or undercover)or in a Concealable Vest carrier that looks like a uniform shirt so that it is not easily seen. (ASTM J Terminology E3005) J CPL Certified Product List. J c Pricing that is established as a"not-to-exceed"amount; the maximum price Ceiling Pricing Contractor may charge for Products, Services, and Supplies. M The individual who has the authority to supervise and approve the co Chief Procurement 00 ff procurement of all Products and Services needed by the Lead State or a co O acer Participating State. CD The person or entity delivering Products or performing Services under the Contractor terms and conditions set forth in this Master Agreement. J c Means an entity that purchases Products and Resells the Product to end-users and 2 Distributor has the ability to do on-site measurements. M Cn Contractor is responsible for transportation and handling charges and the sale Free on Board(FOB) does not occur until the Products arrive at the Purchasing Entity's specified Destination location. E z Any movable material acquired,produced, or delivered by Contractor, and Goods shall include any movable material acquired,produced, or delivered by a Contractor in connection with the Services. In Conjunction With Soft or hard armor that is designed to provide a specific level of ballistic Armor protection only when layered with a specified model(s)of body armor. (ASTM Terminology E3005) Page 5 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 144 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 8.D.a A natural person,business,or corporation that provides Products or Services Independent Contractor to another entity under the terms specified in a contract. An employer- employee relationship does not exist. A removable unit of protective material(soft armor or hard armor) intended Insert to be placed into a special pocket on a carrier to enhance protection in a localized area. (ASTM Terminology E3005) Any and all patents, copyrights, service marks,trademarks,trade secrets, N Intellectual Property trade names,patentable inventions, or other similar proprietary rights, in o tangible or intangible form, and all rights,title, and interest therein. Lead State The state that is centrally administering this Master Agreement. Q d A company that, as its primary business function, designs, assembles, and Manufacturer owns the trademark/patent and markets a Product. Also referred to as 2- Contractor. 3 a. r Manufacturer's The list price or recommended retail price of a Product in which the Suggested Retail Price E (MSRP) Manufacturer recommends that the retailer sell the Product. 3 W Also referred to as"Contract";the underlying agreement executed by and Master Agreement between the Lead State, acting on behalf of the NASPO ValuePoint m program, and the Contractor, as now or hereafter amended. L A Device which incorporates the functionality of multiple Devices into one, Multi- .function Device such as print, fax,copy and scan. Each feature can work independently of the W (MID) other. M J The NASPO Cooperative Purchasing Organization LLC, doing business as v NASPO ValuePoint,is a 501(c)(3)limited liability company that is a subsidiary organization of the National Association of State Procurement •a NASPO ValuePoint Officials(NASPO).NASPO ValuePoint is identified in this Master Agreement as the recipient of reports and may perform Contract administration functions relating to collecting and receiving reports as well M co as other Contract administration functions as assigned by the Lead State. 00 W NIJ The National Institute of Justice. °' N NIJ Compliant Products The list of models certified by NIJ to be compliant with an applicable 0 List(NIJ CPL) standard. J NIJ Compliance Testing The NIJ program that certifies body armor models that meet the Program (NIJ CTP) requirements of the most current version of the relevant NIJ standard. M The NIJ certification mark,registered with the U.S. Patent and Trademark Cn NIJMark Office,that is used to communicate a product's compliance status with the d NIJ CTP. z 8:00 a.m. to 5:00 p.m.,Monday through Friday(state holidays excluded), M Normal Business Hours regardless of time zone. Q OEM Original Equipment Manufacturer. Any type of encumbrance document or commitment voucher, including,but Order not limited to, a purchase order, contract, or other document used by a Purchasing Entity to order the Products. Page 6 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 145 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 8.D.a A bilateral agreement executed by a Contractor and a Participating State or Participating Entity incorporating this Master Agreement and any other additional Addendum Participating State or Entity specific language or other requirements(e.g. ordering procedures,other terms and conditions). Participating Entity A government entity within a state that is properly authorized to enter into a Participating Addendum. A state,which encompasses all government entities within that state, or the N Participating State District of Columbia, or one of the territories of the United States, that enters o into a Participating Addendum. Any good, service, or other deliverable supplied or created by the vendor a pursuant to the Master Agreement. The term products, supplies and services, Product and products and services are used interchangeably in the terms and conditions. 2 a. This consists of. Ballistic-Resistant Vest, Stab-Resistant Vest, Combination Vest,In Conjunction With Armor,K-9 Ballistic-resistant Vest,K-9 Stab- m Product Category resistant Vest,K-9 Combination Vest,Ballistic-resistant Helmets,Ballistic- Q. resistant Shields, Carriers, and Ballistic-resistant and Non-ballistic-resistant tr accessories. w r c Product Category E This includes: Inserts(soft armor or hard armor) trauma packs,trauma Ballistic-resistant i accessories plates,and protectors(groin, bicep, collar and throat) c Product Category Non- This includes: pouches; replacement vest straps; ID patches; Carry bags for w ballistic-resistant vests, shields, and helmets;Helmet non-ballistic face shield, equipment rails, J pads, and retention/suspension system; Shield lights, shoulder straps,and ' Accessories logos. 6 J All books and Public Records of a governmental entity,the contents of which are not otherwise declared by law to be confidential must be open to Public Record inspection by any person and may be fully copied or an abstract or memorandum may be prepared from those public books and Public Records. in A state, city, county, district, institution of higher education, and some non- W Purchasing Entity profits who issue an Order against this Master Agreement via their Participating State or Entity's Participating Addendum. v J J Services The labor required to be performed by Contractor pursuant to this Master Agreement or an Order. L An item of personal protective equipment constructed of pliable/flexible Soft Armor materials intended to protect the wearer from threats that may include cn ballistic threats, stabbing, fragmentation, or blunt impact(ASTM Terminology E3005) E z A written offer or attempt to purchase Products and/or Services through an M Solicitation official Proposal, Evaluation, and Award process. Q Stab Panel A type of armor panel intended to provide stab resistance. (ASTM Terminology E3005) An individual or a business that signs a contract with the Contractor to Subcontractor perform part of Contractor's obligations under the Master Agreement. Page 7 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 146 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 8.D.a A vest designed to be worn over the uniform shirt in a load bearing carrier Tactical Vest that accepts various equipment. Equipment may include holsters,magazines, radios,or accessories. (ASTM Terminology E3005) Third Party Someone who may be indirectly involved but is not a principal party to an arrangement, contract, deal, lawsuit or transaction. Threat Level The rated level of protection, according to the relevant standard for the body armor or ballistic-resistant product. N •L Trauma Pack A soft insert intended to reduce backface deformation due to a ballistic 0 impact. (ASTM Terminology E3005) Q Vest Type of body armor intended to protect the wearer's torso. (ASTM Terminology E3005) z L ♦ . 3. NASPO VALUEPOINT PROGRAM PROVISIONS E a 3.1. Price and Rate Guarantee Period w 3.1.1. The Product and Price List(s) identifies a complete listing of all Products and Services the Contractor can provide under this Master Agreement. E m 3.1.2. MSRP/List Price discount percentages must be guaranteed throughout the term of this Master �o Agreement,including any renewal terms; however, Contractor may increase its discount w percentage at any time. The Lead State must be notified of any such discount percentage increase, 3 and provided with a copy of the new Product and Price List(s). j c� 3.1.3. MSRP/List Price shall remain firm during the first twelve(12)months of the Master Agreement. J After this period,Awarded Vendors may update their MSRP/List Price on an annual basis, .a according to the following guidelines: a) All requested price increases must include documentation from Direct Material suppliers detailing cost escalations, and Awarded Vendors must describe how those escalations impact M co current Product offerings. 00 b) With the exception of Direct Material cost increases,no price increase requests will be N allowed. U c) Updated Product and Price Lists must be submitted to the Lead State by the 1 st day of the month at least one year after prior price increase updates. -� c d) Pricing will not go into effect unless, or until, it is approved by the Lead State. M 3.1.4. The Master Agreement pricing IS Ceiling Pricing. Contractor may offer lower pricing on a per Cn Order basis to Purchasing Entity's; likewise,Purchasing Entity's may request lower pricing on a per Order basis from Contractor. E z 3.1.5. Contractor may offer state-wide temporary promotional discounts, customer location temporary specific discounts,bulk discounts, or spot discounts. Contractor must notify the Participating State Q or Entity Contract Administrator and Lead State of special state-wide temporary promotional discounts. 3.1.6. Any revisions to Product offerings (new NIJ approved items, etc.)must be pre-approved by the Lead State, and will be allowed once per quarter. Page 8 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 147 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 8.D.a 3.1.7. Product updates are required by the 1 st of the month of a calendar quarter and shall go into effect upon approval by the Lead State. 3.1.8. Price Lists received after the 1 st of the month of a calendar quarter may not be approved for up to one hundred twenty days(120)days following submission. In addition, errors in the Contractor's Price Lists may delay the approval process further. 3.1.9. All approved Price Lists will be submitted by the Lead State to NASPO ValuePoint. Contractor shall then update all applicable websites with the new Price Lists after the NASPO ValuePoint N website has been updated. 0 3.1.10. Contractor is only authorized to provide Products and Services that are awarded under this Master a Agreement, as referenced in Exhibit A. 3.1.11. Pricing must include all shipping, delivery, and fitting costs associated with the Products. a. 3.2. Participants and Scope 3.2.1. Contractor may not deliver Products or perform Services under this Master Agreement until a Participating Addendum acceptable to the Participating State or Entity and Contractor is executed. Q- The NASPO ValuePoint Master Agreement Terms and Conditions are applicable to any Order by a tr Participating State or Entity(and other Purchasing Entities covered by their Participating w r Addendum), except to the extent altered,modified, supplemented or amended by a Participating m Addendum. By way of illustration and not limitation,this authority may apply to unique delivery m and invoicing requirements, confidentiality requirements,defaults on Orders, governing law and venue relating to Orders by a Participating State or Entity, indemnification, and insurance � requirements. Statutory or constitutional requirements relating to availability of funds may require w specific language in some Participating Addenda in order to comply with applicable law. The J expectation is that these alterations,modifications, supplements, or amendments will be addressed in the Participating Addendum or,with the consent of the Purchasing Entity and Contractor,may be included in the ordering document(e.g. Order)used by the Purchasing Entity to place the Order. J c 3.2.2. Use of specific NASPO ValuePoint cooperative Master Agreements by state agencies,political •L subdivisions and other Participating States or Entities authorized by individual state's statutes to use state contracts are subject to the approval of the respective State Chief Procurement Officer. cn Issues of interpretation and eligibility for participation are solely within the authority of the e0 respective State Chief Procurement Officer. N 3.2.3. Obligations under this Master Agreement are limited to those Participating States and Entities who 0 have signed a Participating Addendum and Purchasing Entities within the scope of those J Participating Addenda. Financial obligations of Participating States and Entities are limited to the Orders placed by the departments or other state agencies and institutions having available funds. Participating States incur no financial obligations on behalf of political subdivisions. Contractor shall email a fully executed PDF copy of each Participating Addendum to Cn PA enaspovaluepoint.org to support documentation of participation and posting in appropriate data bases. E E z 3.2.4. Participating States and Entities may,through a Participating Addendum, limit: a) Available financial vehicles; a b) Any additional items as deemed necessary by the Participating State or Entity. 3.2.5. A Participating State or Entity must sign a new Participating Addendum with Contractor, regardless of whether Contractor has signed Participating Addenda under a prior Master Agreement(s). Page 9 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 148 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 8.D.a 3.2.6. NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint, is not a party to this Master Agreement. It is a nonprofit cooperative purchasing organization assisting states in administering the NASPO ValuePoint cooperative purchasing program for state government departments,institutions, agencies and political subdivisions(e.g., colleges, school districts, counties, cities,etc.) for all 50 states,the District of Columbia and the territories of the United States. 3.2.7. Participating Addenda shall not be construed to amend the following provisions in this Master N Agreement between the Lead State and Contractor, and any such language shall be void and of no 0 effect: }' a) Term of this Master Agreement; Q b) Amendments; N c) Participants and Scope; i d) Administrative Fee; a. r c e) NASPO ValuePoint Summary and Detailed Usage Reports; E f) NASPO ValuePoint Cooperative Program Marketing and Performance Review; tr g) NASPO ValuePoint eMarket Center; w c h) Right to Publish; E m i) Price and Rate Guarantee Period; and 0 j) Individual Customers. w 3 3.2.8. Participating Entities who are not states may under some circumstances sign their own � Participating Addendum, subject to the approval of participation by the Chief Procurement Officer v of the state where the Participating Entity is located. Any permission to participate through J execution of a Participating Addendum is not a determination that procurement authority exists in .a the Participating Entity;they must ensure that they have the requisite procurement authority to execute a Participating Addendum. M co 3.3. Administrative Fees 3.3.1. The Contractor shall pay to NASPO ValuePoint, or its assignee,a NASPO ValuePoint W Administrative Fee of one-quarter of one percent(0.25%or 0.0025)no later than sixty(60)days CD following the end of each calendar quarter. v J J 3.3.2. The NASPO ValuePoint Administrative Fee is not negotiable. -� c 3.3.3. The Contractor shall report on all actual Body Armor and ballistic-resistant protective product sales. M Cn 3.3.4. Some Participating States may require a fee be paid directly to the Participating State on sales made by Purchasing Entities within that state. For all such requests,the fee level,payment method, E and schedule for such reports and payments will be incorporated into the Participating Addendum. The Contractor may adjust this Master Agreement pricing accordingly for this Participating Q Addendum only for sales made by Purchasing Entities within the jurisdiction of the Participating State requesting the additional fee. 3.4. NASPO ValuePoint Summary and Detailed Usage Reports The Contractor shall provide the following NASPO ValuePoint reports: Page 10 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 149 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 8.D.a 3.4.1. Summary Sales Data.The Contractor shall submit quarterly sales reports directly to NASPO ValuePoint using the NASPO ValuePoint Quarterly Sales/Administrative Fee Reporting Tool found at http://calculator.naspovaluepoint.org. Any/all sales made under the Contract shall be reported as cumulative totals by state,which are inclusive of all line items identified in the Detailed Sales Report. Even if Contractor experiences zero sales during a calendar quarter, a report is still required. Reports shall be due no later than thirty(30)days following the end of the calendar quarter(as specified in the reporting tool). 3.4.2. Detailed Sales Report.Contractor shall also report detailed sales data by: N L a) State; 0 b) Customer Type (e.g. local government,higher education,K-12,non-profit); ' Q c) Customer bill-to name and address; d) Contractor or authorized agents and Distributors Order number; e) Customer purchase order number; i f) Customer number; a. r g) Order type(e.g. sales Order, credit,return,upgrade); h) Purchase order date; Q. i) Ship date; LU j) Invoice date and number; k) Product number and description E 1) List Price/MSRP; i m) Contract Price; n) Quantity; w 3 o) Total Price; p) NASPO ValuePoint Admin Fee amount; and 6 J q) Distributor. J c 3.4.3. Reports are due on a quarterly basis and must be received by the Lead State and NASPO L ValuePoint Cooperative Development Team no later than thirty(30)days after the end of the reporting period. Reports shall be delivered to the Lead State and to the NASPO ValuePoint in Cooperative Development Team electronically through a designated portal, email, CD-Rom or 00 flash drive. Detailed sales reports shall include sales information for all sales under Participating CD Addenda executed under this Master Agreement. The format for the detailed sales data report is `V shown in Exhibit D(NASPO ValuePoint Detailed Sales Reporting Template). J J 3.4.4. Reportable sales for the summary sales data report and detailed sales data report includes sales to employees for personal use where authorized by the Participating Addendum. Report data for L employees should be limited to ONLY the state and entity they are participating under the authority of(state and agency, city, county, school district, etc.) and the amount of sales.No personal in identification numbers, e.g. names, addresses, social security numbers or any other numerical identifier,may be submitted with any report. E z 3.4.5. Contractor shall provide the NASPO ValuePoint Cooperative Development Coordinator with an executive summary each quarter that includes, at a minimum, a list of states with an active a Participating Addendum, states that Contractor is in negotiations with, and any PA roll out or implementation activities and issues.NASPO ValuePoint Cooperative Development Coordinator and Contractor will determine the format and content of the executive summary. The executive summary is due thirty(30)days after the conclusion of each calendar quarter. Page 11 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 150 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 8.D.a 3.4.6. Timely submission of these reports is a material requirement of this Master Agreement. The recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and NASPO ValuePoint shall have a perpetual,irrevocable,non-exclusive,royalty free, transferable right to display,modify, copy, and otherwise use reports, data and information provided under this section. 3.5. NASPO ValuePoint Cooperative Program Marketing and Performance Review 3.5.1. Contractor agrees to work cooperatively with NASPO ValuePoint personnel to ensure that m Contractor's personnel will be educated regarding the provisions of this Master Agreement, as well N L as the competitive nature of NASPO ValuePoint procurements,the Participating Addendum C process,and the manner in which Participating Entities can utilize this Master Agreement. a 3.5.2. Contractor agrees, as Participating Addenda are executed, and if requested by NASPO ValuePoint personnel,to provide plans to launch this Master Agreement program within the Participating State. Plans will include timeframes to implement this Master Agreement and Participating i Addendum, as well as confirmation that the Contractor's website has been updated to properly a reflect the contract offer as available in the Participating State. m 3.5.3. Contractor agrees, absent anything to the contrary outlined in a Participating Addendum,to 2- consider customer proposed terms and conditions, as deemed important to the customer, for possible inclusion into the Participating Addendum. Contractor shall ensure that their sales force is w aware of this contracting option. m E m 3.5.4. Contractor agrees to fairly, actively, and equally promote and advertise their NASPO ValuePoint c Master Agreement at all trade shows and Distributor meetings whereby Contractor displays or makes reference to their government contract award offerings. w 3 M 3.5.5. Contractor agrees,within 30 days of this Master Agreement effective date,to notify the Lead State J and NASPO ValuePoint of any contractual most-favored customer provisions in third-party contracts or agreements that may affect the promotion of this Master Agreement,or whose terms J provide for adjustments to future rates or pricing based on rates,pricing in, or Orders from this c Master Agreement.Upon request of the Lead State or NASPO ValuePoint, Contractor shall provide a copy of any such provisions. 3.5.6. Contractor agrees to participate in person at an annual performance review,which may include a 00 discussion of marketing action plans,target strategies,marketing materials,reporting, and N timeliness of administration fee payments. The location of the performance review shall be determined by the Lead State and NASPO ValuePoint. J 3.5.7. Contractor agrees that the NASPO ValuePoint logos may not be used by Contractor in sales and marketing materials until a logo-use agreement is executed with NASPO ValuePoint. M 3.5.8. The Lead State shall evaluate the utilization of this Master Agreement at the annual performance Cn review. The Lead State may, in its discretion, cancel this Master Agreement pursuant to§1.4, or not exercise an option to renew,when Contractor utilization does not warrant further E E administration of this Master Agreement. The Lead State may exercise its right to not renew this Master Agreement if Contractor fails to record or report revenue for three consecutive quarters, upon a 60-calendar day written notice to the Contractor. Cancellation based on nonuse or under- Q utilization will not occur sooner than two(2)years after execution of this Master Agreement. This subsection does not limit the discretionary right of either the Lead State or Contractor to cancel this Master Agreement pursuant to §1.4.4 or to terminate for default pursuant to §6.10. Page 12 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 151 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 8.D.a 3.6. NASPO ValuePoint eMarket Center 3.6.1. In July 2011,NASPO ValuePoint entered into a multi-year agreement with SciQuest,Inc. (doing business as JAGGAER)whereby JAGGAER will provide certain electronic catalog hosting and management services to enable eligible NASPO ValuePoint customers to access a central online website to view and/or shop the Products and Services available from existing NASPO ValuePoint Cooperative Contracts. The central online website is referred to as the NASPO ValuePoint eMarket Center. m 3.6.2. The Contractor shall have visibility in the eMarket Center through one of the following no-cost N L options: C a) Ordering Instructions Q i. The Contractor shall provide a link to their website,their Price list,their Distributor list, N and any additional information they would like the customer to have in regards to placing N Orders. z L ii. Upon receipt of written request from the eMarket Center Site Administrator,the Contractor a. r shall have thirty(30) days to provide NASPO ValuePoint with the Ordering Instructions. E b) Hosted Catalog i. The Contractor shall provide a list of its awarded Products and Services pricing via an w electronic data file, in a format acceptable to JAGGAER. m E ii. In order to maintain the most up-to-date version of its Product offerings as approved with i the Master Agreement,the Contractor must submit electronic data to the eMarket Center no more than four(4)times per calendar year. w 3 M iii. Upon receipt of written request from the eMarket Center Site Administrator,the Contractor J shall have fifteen(15)days to set up an enablement schedule with NASPO ValuePoint and J JAGGAER. The schedule shall include future calls and milestone timeframes related to testing and go-live dates. iv. The Contractor shall have ninety(90) days from the receipt of written request,to provide the Hosted Catalog to NASPO ValuePoint. in 00 v. The Hosted Catalog must be strictly limited to the awarded Products and Services,and W must contain the most current approved pricing, including applicable quantity discounts. U A. The catalog must include a Lead State Contract identification number and detailed Product line item descriptions. c vii. The catalog must include any additional NASPO ValuePoint and Participating Addendum a requirements. Although Suppliers in the SQSN normally submit one(1) catalog, it is in possible to have multiple catalogs applicable to different NASPO ValuePoint Participating c State or Entities if for example,the Participating State or Entity has incorporated an a) Administrative Fee into the Contract pricing, or a Participating State or Entity has determined that they will not allow all awarded Products and Services under their +o, Participating Addendum. SciQuest will deliver the appropriate contract files to the user Q viewing the catalog. c) Punch-Out Catalog i. The Contractor shall provide its own online catalog,which must be capable of being integrated with the eMarket Center via Commerce eXtensible Markup Language (cXML). Page 13 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 152 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 8.D.a ii. The Contractor shall validate that its online catalog is current by providing a written update to the Lead State every four(4)months,verifying that they have audited the offered Products and Services pricing. iii. The Contractor shall have ninety(90)days from the receipt of the written request,to deliver the Punch-Out Catalog to NASPO ValuePoint. iv. The Punch-Out Catalog must be strictly limited to the awarded Products and Services, and must contain the most current approved pricing, including applicable quantity discounts. N L 0 v. The catalog must include a Lead State Contract identification number and detailed Product line item descriptions. a a� vi. The site must also return detailed UNSPSC codes for each line item. N z vii. Contractor shall provide e-Quote functionality to facilitate volume discounts. a r viii.The catalog must include any additional NASPO ValuePoint and Participating Addendum requirements. It is possible to have multiple catalogs applicable to different NASPO Q. ValuePoint Participating State or Entities if for example,the Participating State or Entity has incorporated an Administrative Fee into the Contract pricing, or a Participating State or W r Entity has determined that they will not allow all awarded Products and Services under their Participating Addendum. JAGGAER will deliver the appropriate contract files to the E user viewing the catalog. 0 c 3.6.3. Revising Pricing and Products W a) Any revisions to Product offerings(new NIJ approvals, etc.)must be pre-approved by the Lead J State, and will be allowed once per quarter. c� b) Updated Product files are required by the 1"of the month of the quarter and shall go into effect J upon approval by the Lead State. -a c i. Files received after the 1 st of the month may not be approved for up to one hundred twenty 2 (120)days following submission. ii. Errors in the Contractor's submitted files may delay the approval process. 00 3.6.4. Supplier Network Requirements for Hosted and Punch-Out Catalogs N a) Contractor shall join the JAGGAER Supplier Network(SQSN)and shall use the JAGGAER's v Supplier Portal to import the Contractor's catalog and pricing files into the JAGGAER system. J b) Contractor can receive Orders through electronic delivery(cXML) or through low-tech options r_ such as fax. M c) More information about the SQSN can be found at www.sciquest.com, or by contacting the Cn JAGGAER Supplier Network Services team at 800-233-1121. a� E 3.6.5. Order Acceptance Requirements for Hosted and Punch-Out Catalogs a) Contractor must be able to accept Orders via fax or cXML. a b) The Contractor shall provide confirmation via phone or email within 24 hours of Order receipt. c) If the Order is received after 3pm(EST)on the day prior to a weekend or holiday,the Contractor must provide confirmation via phone or email on the next business day. Page 14 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 153 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 8.D.a 3.6.6. UNSPSC Requirements a) Contractor shall support use of the United National Standard Product and Services Code (UNSPSC). UNSPSC versions that Contractors must adhere to are provided by JAGGAER and upgraded each year. b) NASPO ValuePoint reserves the right to migrate to future versions of the UNSPSC, and Contractor shall be required to support the migration effort. m c) All line items for Products and Services provided under this Master Agreement must be •L associated to a UNSPSC code. ° d) All line items must be identified at the most detailed UNSPSC level, indicated by segment, a family,class, and commodity. 3.6.7. Applicability. Contractor agrees that NASPO ValuePoint controls which contracts appear in the i eMarket Center,and that NASPO ValuePoint may elect at any time to remove any Contractor a. offerings from the eMarket Center. m E 3.6.8. Several NASPO ValuePoint Participating States and Entities currently maintain separate Q- JAGGAER eMarket Place accounts. In the event that one of these Participating States or Entities w elects to use this NASPO ValuePoint Master Agreement(available through the eMarket Center), but publish the information to their own eMarket Place,the Contractor agrees to work in good faith E with the entity and NASPO ValuePoint, and agrees to take commercially reasonable efforts to implement such separate JAGGAER catalogs. `o c 3.7. Right to Publish w 3 Throughout the duration of this Master Agreement, Contractor must secure from the Lead State,prior M approval for the release of any information, including any written correspondence,which pertains to the v potential work or activities covered by this Master Agreement. The Contractor shall not make any J representations of NASPO ValuePoint's opinion or position as to the quality or effectiveness of the .� Products and Services that are the subject of this Master Agreement without prior written consent. Failure to adhere to this requirement may result in termination of this Master Agreement for cause. M 3.8. Individual Customers co Except to the extent modified by a Participating Addendum, each Purchasing Entity shall follow the terms CD and conditions of this Master Agreement and applicable Participating Addendum and will have the same N rights and responsibilities for their purchases as the Lead State has in this Master Agreement, including but V not limited to,any indemnity or right to recover any costs as such right is defined in this Master Agreement J and applicable Participating Addendum. Each Purchasing Entity will be responsible for its own charges, -� fees, and liabilities. The Contractor will apply the charges and invoice each Purchasing Entity individually. •L 4. STATEMENT OF WORK in 4.1. Overview c d E 4.1.1. Contractor shall maintain compliance with all requirements of the Master Agreement and shall maintain compliance with all requirements throughout the duration of the Master Agreement. Q 4.1.2. Contractor,distributors and/or agents,must provide trained personnel to take on-site measurements, for products intended to be worn by end users, at Purchasing Entity's designated location. Measurements for body armor must be taken in accordance with ASTM E3003 (most recent version), and measurement procedures include using a tape measure and using sizing vests provided by the vendor. Page 15 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 154 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 8.D.a 4.1.3. Contractor shall notify the Lead State,Participating Entities and all Purchasing Entities of any recall notices, legal actions,warranty replacements, or any applicable notice regarding the products being sold.Notice must be received in writing(via postal mail or email)within thirty(30) calendar days of vendor learning of such issues. For issues that impact or are likely to impact the health or safety of individuals or entities using Products delivered under a subsequent agreement,vendor shall immediately notify the Purchasing Entity. 4.1.4. Contractor shall send notice to the Lead State,utilizing Exhibit B (Agents and Distributors by State)within fourteen(14)calendar days of engaging an agent and/or distributor. The Lead State N reserves the right to deny any Agent and/or distributor and will provide notification to the vendor 0 with justification as to why the decision was reached. In addition, it will be at the discretion of each Participating Entity as to whether they will utilize the agents and/or distributors as authorized by a the Lead State. 4.2. Product Standards Body Armor and Ballistic-resistant products must meet the NIJ standard listed below for the applicable a. products,until new standards are published and transition dates specified for those new standards occur. m 4.2.1. Ballistic Resistance of Body Armor,NIJ Standard-0101.06(2008) Q. •7 4.2.2. Stab Resistance of Personal Body Armor,NIJ Standard-0115.00 (2000) w c m 4.2.3. NIJ Standard for Ballistic Helmets,NIJ Standard-0106.01 (1981) E L 4.2.4. NIJ Standard for Ballistic Resistant Protective Materials,NIJ Standard-0108.01 (1985) w 4.2.5. NIJ Ballistic Resistance of Body Armor,NIJ Standard-O 10 1-07 (TBD)The new standard is not J published as of the start date of this Master Agreement. It will be required during the contract cycle. J J 4.2.6. Stab Resistance of Personal Body Armor,NIJ Standard-0115.01 (TBD). The new standard is not published as of the start date of this Master Agreement. It will be required during the contract •L cycle. M 4.3. Product Category eo 4.3.1. List of product categories from RFP-AR-2 1-001 see section 4.4 and Exhibit A for Contractor co awarded categories. 0 U J 4.3.2.Ballistic-resistant Vest: NIJ Standard-0101.06 Protection Levels IIA, II, IIA, III and IV Vest J models shall be listed on the NIJ Ballistic Armor CPL. The ballistic panel shall have the NIJ mark on the label. M 4.3.3.Stab-Resistant Vest: NIJ Standard-0115.00 Spike or Edged Blade Protection Levels 1, 2, and 3. Cn Vest models shall be listed on the NIJ Stab Armor CPL. When available from NIJ,the stab panel shall have the NIJ mark on the label. E z 4.3.4. Combination Vest: Ballistic and Spike and/or Edged Blade: All vests offered as combination a vests shall be listed on both the NIJ Ballistic Armor CPL and Stab Armor CPL. The ballistic panel shall have the NIJ mark on the label. When available from NIJ,the stab panel shall have the NIJ mark on the label. 4.3.5. In Conjunction With Armor: NIJ Standard-0101.06 Protection Levels 11A, 11,IIIA, III and IV. In conjunction with armor is designed to provide a specific level of ballistic protection only when Page 16 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 155 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 8.D.a layered with a specific model(s) of body armor listed on the NIJ Ballistic Armor CPL. The ballistic panels shall have the NIJ mark on the label. 4.3.6. K-9 Ballistic-resistant Vest: There is no NIJ standard or Compliance Testing Program for K-9 body armor. 4.3.7. K-9 Stab-resistant Vest: There is no NIJ standard or Compliance Testing Program for K-9 body armor. N •L 0 4.3.8.K-9 Combination Vest: There is no NIJ standard or Compliance Testing Program for K-9 body armor. Q d 4.3.9. Ballistic-resistant Helmets: There is no NIJ Compliance Testing Program for ballistic-resistant helmets. The standard used for ballistic-resistant helmets(not including face shields) is NIJ Standard-0 106.0 1, and the standard used for ballistic-resistant face shields is NIJ Standard-0108.01 a (standard for ballistic-resistant materials). m 4.3.10. Ballistic-resistant Shields: There is no NIJ Compliance Testing Program for ballistic- Q. resistant shields. The standard historically used for ballistic shields is NIJ Standrd-0108.01 (for ballistic-resistant materials). w r 4.3.11. Carriers: Carriers are an integral part of a vest(providing no ballistic protection), and some types of carriers are: concealable,uniform, short and tactical. E m 4.3.12. Accessories: a) Ballistic-resistant:NIJ does not certify ballistic-resistant accessories. w 1. Trauma pack and trauma plate 3 2. Insert(soft armor or hard armor) 3. Groin,yoke,bicep, collar and throat protectors v b) Non-ballistic-resistant J 1. Pouches c 2. Replacement carrier straps 3. ID patches 4. Carry bags for concealable vest,tactical vest, shield, and helmet 00 w 5. Helmet equipment rails,pads, and retention/suspension system 6. Shield lights, shoulder straps, logos J c 4.4. Current Awarded Categories 4.4.1. As new products are made available; Contractor may submit these products for consideration by M Cn the Lead State. Only products that are new models(i.e.,having different materials and/or construction)will be considered. Contractor may submit new products once per quarter by the 1 st day of the quarter, and final approval of new products is at the discretion of the Lead State. New z approved products will be listed on the website in a timely manner. For new products submitted M after the first of the quarter or having errors in the submission, approval may be delayed. Q 4.4.2. Contractor has only approved products and approved product categories as listed in Exhibit A. New products if approved will be listed in Exhibit A. Helmet and shield products are attested in Exhibit E. Page 17 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 156 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 8.D.a 4.4.3. Contractor shall notify the Lead State when products previously approved are suspended or removed from the NIJ CPL(e.g.,NIJ Safety Notice or NIJ Advisory Notice issued). 4.5. Product Specifications 4.5.1. Body Armor and Ballistic-Resistant Products must be ordered new and unused, and shall not contain re-used/remanufactured or re-purposed components. N L 0 4.5.2. Body Armor and Ballistic-Resistant Products that are listed on an NIJ CPL shall be constructed identically to the original model tested and certified to comply with the NIJ standards referenced in a this solicitation. For body armor and ballistic-resistant products not certified by NIJ,the vendor shall specify the standard(s) and threats against which the product was tested, shall provide N attestation of compliance with the standard(s), and shall provide(upon request of the Lead State or purchaser)the test report. a r 4.5.3. All materials and construction shall be the same as reported to NIJ in the"Build Sheet",which lists E the materials and construction for the model. _Q 4.5.4. Workmanship shall be first quality,with no defects that might affect performance,wear-ability, or w r durability of the vest. E 4.5.5.Products intended to be worn by end users shall not be"bulk ordered"inventory,nor substantially i tailored or modified"off the shelf'items to fit personnel as needed, since altering products could potentially change the performance aspects originally tested under NIJ Compliance Testing w Program. J 4.5.6.Each product intended to be worn by end users shall be made to professionally conducted J measurements intended to fit a specific individual.Under no circumstances shall measurements result in a product that does not properly fit and/or provide adequate protective coverage for that individual. L 0 4.5.7.All vest measurements must be made according to vendor procedures and take into account all in clearances of panels and duty belts as described in the most recent version of ASTM E3003, 00 Standard Practice for Measurement of Body Armor Wearers and Fitting of Armor. CD w N 4.5.8.Available sizes for soft armor vests(handgun protection) shall be consistent with the NIJ J Compliance Testing Program requirements for the size range listed on the NIJ CPL. c 4.5.9.All Body Armor Products that include the option of additional trauma packs,trauma plates, or 2 inserts shall have the pocket/holder securely attached to keep the inserts in position while worn. M Cn 4.5.10.All fasteners, including hook and pile(Velcro),non-directional snaps,webbing, side release buckles,fastex buckles, and zippers, shall be the same or similar color, as approved by the Purchasing Entity, as the carrier. z c� 4.5.11.The label shall withstand normal wear and cleaning and shall remain legible and attached Q throughout the entire warranted life of the product. All Body Armor shall be labeled with strict adherence to any applicable laws and regulations, and follow the labeling requirements according to NIJ Standards, as updated or amended. This shall include the following: a) Name of Contractor. b) Location of Contractor. Page 18 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 157 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 8.D.a c) Model designation from the relevant NIJ CPL(The model designation number shall match the submitted price list and letter of certification.) d) Level of protection e) The identifier for the relevant NIJ Standard, such as NIJ Standard-0101.06,NIJ Standard- 0101.07 or NIJ Standard-0115.00 or NIJ Standard-0115.01 (Combination armor shall indicate both). f) Completed manufacturing date g) Lot number. N •L h) Unique serial number. 0 i) Brand name and catalog number. Q j) A"Property of space so Purchasing Entity can enter an agency or officer name. N k) Basic care and maintenance instructions. 1) Size of product. 2- 3 a. 4.5.12.Contractor, agent, and/or distributor must have the serial numbers stored in a readily accessible c database. m E a 4.5.13.Ballistic-resistant components must have at least a 5-year Awarded Contractor's warranty. w r c 4.5.14.All carriers must have at least an 18-month Contractor's warranty. Reference Exhibit C for warranty detail. L 4.5.15. Warranty periods specified shall begin when Body Armor Products are delivered and accepted w following inspection by Purchasing Entity. 3 M J 4.5.16.All fastener's, including hook and pile(Velcro®),®),non-directional snaps,webbing, side release v buckles,fastex buckles,and zippers, shall be the same or similar color, as approved by the J Purchasing Entity, as the carrier. .J c 4.6. Product Recycling c� 4.6.1. For Ballistic panel and other product recycling details for Contractor see Exhibit C. in 00 co 5. ADMINISTRATION OF ORDERS N 5.1. Ordering and Invoicing Specifications v 5.1.1. All items subject to NIJ compliance testing must be listed on the NIJ CPL with a model status of J "active"on the date the Order is placed. Items not subject to NIJ compliance testing shall have c evidence of compliance with an appropriate standard. (See section 4.4.2) •L 5.1.2. All sizing,measurements, and final fitting shall be done at no expense to,and shall be scheduled at M the convenience of,the Purchasing Entity. c d 5.1.3. All orders regardless of quantity shall be delivered to Purchasing Entities within sixty(60)calendar z days after Contractor receipt of Order.Any variance to delivery timeframe on an individual Order requires acceptance from Purchasing Entity. Q 5.1.4. Body Armor improperly fitted to an individual shall be adjusted or replaced and delivered to the individual within thirty(30) calendar days by the Contractor at no expense to the Purchasing Entity. 5.1.5. Product invoice shall contain at a minimum: Page 19 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 158 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 8.D.a 5.1.5.1. Name of Purchasing Entity 5.1.5.2. Master Agreement Number 5.1.5.3. Name,phone number and address of Purchasing Entity 5.1.5.4. Order date 5.1.5.5. Description of product ordered 5.1.5.6. NIJ CPL model designation and threat level. 5.1.5.7. Serial number 5.1.5.8. Price N 5.1.5.9. Any additional information required by the Purchasing Entity. 0 5.1.6. Master Agreement Order and purchase order numbers shall be clearly shown on all Q acknowledgments, shipping labels,packing slips,invoices, and on all correspondence. 5.1.7. Contractor shall accept procurement credit cards as a form of payment from Purchasing Entity, with no additional charge or fee assessed. a r 5.1.8. Contractor shall provide a centralized billing option,upon request, and at the discretion of a Participating State or Entity. E .7 5.1.9. Distributor may invoice the Purchasing Entity directly,unless otherwise specified in a Participating w Addendum. m E m 5.1.10. Each Purchasing Entity will identify and utilize its own appropriate purchasing procedure and documentation. Contractor is expected to become familiar with the Purchasing Entities' rules, policies, and procedures regarding the ordering of Products, and/or Services contemplated by this W Master Agreement. J 5.1.11. Contractor shall not begin work without a valid purchase order or other appropriate commitment J document compliant with the law of the Purchasing Entity. c 5.1.12. Orders must be placed consistent with the terms of this Master Agreement, and only during the term of this Master Agreement. c� 5.1.13. All communications concerning administration of Orders placed shall be furnished solely to the eo authorized individual within the Purchasing Entity's location, or to such other individual identified CD in writing in the Order. U J 5.1.14. Orders must be placed pursuant to this Master Agreement prior to the termination date thereof,but may have a delivery date or performance period up to 240 days past the then-current termination date of this Master Agreement. Contractor is reminded that financial obligations of Purchasing M L Entities payable after the current applicable fiscal year are contingent upon agency funds for that a purpose being appropriated,budgeted,and otherwise made available. in c 5.1.15. All deliveries must be FOB Destination; freight prepaid by the Contractor to the Purchasing Entity's specified location. Responsibility and liability for loss or damage for all orders will remain with the Contractor until final inspection and acceptance,when responsibility will pass to the Purchasing Entity, except the responsibility for latent defects, fraud, and the warranty obligations. a 5.1.16. The delivery days and delivery hours shall be established by each individual Purchasing Entity. 5.2. Payment Payment for completion of a Contract Order is normally made within thirty(30)days following the date the entire Order is delivered or the date a correct invoice is received,whichever is later. After forty-five(45) Page 20 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 159 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 days,the Contractor may assess overdue account charges up to a maximum rate of one(1)percent per month on the outstanding balance. 6. GENERAL PROVISIONS 6.1. Insurance 6.1.1. Unless otherwise agreed in a Participating Addendum, Contractor shall, during the term of this Master Agreement,maintain in full force and effect,the insurance described in this section. Contractor shall acquire such insurance from an insurance carrier or carriers licensed to conduct N business in each Participating Entity's state and having a rating of A-, Class VII or better,in the o most recently published edition of Best's Reports. Failure to buy and maintain the required insurance may result in this Master Agreement's termination or, at a Participating Entity's option; Q result in termination of its Participating Addendum. d 6.1.2. Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as indicated below,with no deductible for each of the following categories: a) Commercial General Liability covering premises operations,Independent Contractors, a Products and completed operations,blanket contractual liability,personal injury (including death), advertising liability, and property damage,with a limit of not less than$1 million per a occurrence, $2 million general aggregate, $2 million Products and completed operations 3 aggregate and$50,000 and any one fire. If any aggregate limit is reduced below$2,000,000 w r because of claims made or paid,the Contractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to the Participating Entity, a certificate or other m document satisfactory to the Participating Entity, showing compliance with this provision. 0 b) Contractor must comply with any applicable State Workers Compensation or Employers w Liability Insurance requirements. 3 M c) Automobile Liability covering any auto(including owned,hired and non-owned),with a J minimum limit of$1,000,000 each accident combined single limit. 6 d) Protected Information Liability covering all loss of State Confidential Information, such as PII, _J PCI,PHI,Tax Information,and CJI, and claims based on alleged violations of privacy rights c through improper use or disclosure of protected information with limits of$1,000,000 each M occurrence and$2,000,000 general aggregate. e) Crime insurance including employee dishonesty coverage with minimum limits of$1,000,000 in each occurrence and$1,000,000 general aggregate. 00 CD w 6.1.3. Contractor shall pay premiums on all insurance policies. Such policies shall also reference this Master Agreement and shall have a condition that they not be revoked by the insurer until thirty J (30)calendar days after notice of intended revocation thereof shall have been given to Purchasing _J Entity and Participating Entity by the Contractor. 6.1.4. Prior to commencement of performance, Contractor shall provide to the Lead State a written endorsement to the Contractor's general liability insurance policy or other documentary evidence in acceptable to the Lead State that: a) Names the Participating States identified in the Request for Proposal as additional insured's, and; c� b) Provides that the Contractor's liability insurance policy shall be primary,with any liability Q insurance of any Participating State as secondary and noncontributory. Unless otherwise agreed in any Participating Addendum,the Participating Entity's rights and Contractor's obligations are the same as those specified in the first sentence of this subsection. Before performance of any Purchase Order issued after execution of a Participating Addendum authorizing it,the Contractor shall provide to a Purchasing Entity or Participating Entity who requests it the same information described in this subsection. Page 21 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 160 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 8.D.a 6.1.5. Contractor shall furnish to the Lead State,Participating Entity, and,on request,the Purchasing Entity copies of certificates of all required insurance within seven(7)calendar days of the execution of this Master Agreement,the execution of a Participating Addendum, or the Purchase Order's effective date and prior to performing any work. The insurance certificate shall provide the following information: the name and address of the insured;name, address,telephone number and signature of the authorized agent; name of the insurance company(authorized to operate in all states); a description of coverage in detailed standard terminology(including policy period,policy number, limits of liability, exclusions and endorsements); and an acknowledgment of the N requirement for notice of cancellation. Copies of renewal certificates of all required insurance shall z be furnished within fifteen(15)days after any renewal date. These certificates of insurance must expressly indicate compliance with each and every insurance requirement specified in this section. Q Failure to provide evidence of coverage may, at sole option of the Lead State,or any Participating Entity,result in this Master Agreement's termination or the termination of any Participating Addendum. a. 6.1.6. Coverage and limits shall not limit Contractor's liability and obligations under this Master Agreement, any Participating Addendum, or any Order. _a 6.2. Records Administration and Audit ' 6.2.1. The Contractor shall maintain books,records, documents, and other evidence pertaining to this w Master Agreement and Orders placed by Purchasing Entities under it to the extent and in such m detail as shall adequately reflect performance and administration of payments and fees. Contractor m shall permit the Lead State,a Participating Entity, a Purchasing Entity,the federal government c (including its grant awarding entities and the U.S. Comptroller General), and any other duly authorized agent of a governmental agency,to audit, inspect, examine,copy and/or transcribe w Contractor's books, documents,papers and records directly pertinent to this Master Agreement or J Orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right shall survive for a period of five(5)years following termination of this Agreement or final payment for any Order placed by a Purchasing Entity against J this Agreement,whichever is later,to assure compliance with the terms hereof or to evaluate c performance hereunder. •L 6.2.2. Without limiting any other remedy available to any governmental entity,the Contractor shall in reimburse the applicable Lead State,Participating Entity, or Purchasing Entity for any e0 overpayments inconsistent with the terms of this Master Agreement or Orders, or underpayment of N fees found as a result of the examination of the Contractor's records. U J 6.2.3. The rights and obligations herein right exist in addition to any quality assurance obligation in this J Master Agreement requiring the Contractor to self-audit Contract obligations and that permits the Lead State to review compliance with those obligations. M 6.3. Confidentiality,Non-Disclosure,and Injunctive Relief Cn 6.3.1. Confidentiality. Contractor acknowledges that it and its employees or Authorized Dealers may, in C the course of providing a Product under this Master Agreement,be exposed to or acquire E information that is confidential to Purchasing Entity's or Purchasing Entity's clients. Any and all information of any form that is marked as confidential or would by its nature be deemed confidential obtained by Contractor or its employees or Authorized Dealers in the performance of Q this Master Agreement,including,but not necessarily limited to: a) Any Purchasing Entity's records; b) Personnel records; c) Information concerning individuals is Confidential Information of Purchasing Entity. Any reports or other documents or items(including software)that result from the use of the Page 22 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 161 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 8.D.a Confidential Information by Contractor shall be treated in the same manner as the Confidential Information. Confidential Information does not include information that: i) Is or becomes (other than by disclosure by Contractor)publicly known; ii) Is furnished by Purchasing Entity to others without restrictions similar to those imposed by this Master Agreement; iii) Is rightfully in Contractor's possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; m N iv) Is obtained from a source other than Purchasing Entity without the obligation of o confidentiality; v) Is disclosed with the written consent of Purchasing Entity; or a vi) Is independently developed by employees,Dealers or Subcontractors of Contractor who N can be shown to have had no access to the Confidential Information. z L 6.3.2. Non-Disclosure. Contractor shall hold Confidential Information in confidence,using at least the a. industry standard of confidentiality, and shall not copy,reproduce, sell, assign, license,market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use m Confidential Information for any purposes whatsoever other than what is necessary to the Q. performance of Orders placed under this Master Agreement. Contractor shall advise each of its tr employees and Distributors of their obligations to keep Confidential Information confidential. w r Contractor shall use commercially reasonable efforts to assist Purchasing Entity in identifying and m preventing any unauthorized use or disclosure of any Confidential Information.Without limiting E the generality of the foregoing, Contractor shall advise Purchasing Entity, applicable Participating c Entity, and the Lead State immediately if Contractor learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this w Master Agreement, and Contractor shall at its expense cooperate with Purchasing Entity in seeking J injunctive or other equitable relief in the name of Purchasing Entity or Contractor against any such person. Except as directed by Purchasing Entity, Contractor will not at any time during or after the J term of this Master Agreement disclose,directly or indirectly, any Confidential Information to any J person, except in accordance with this Master Agreement, and that upon termination of this Master c Agreement or at Purchasing Entity's request, Contractor shall turn over to Purchasing Entity all `—° L documents,papers, and other matter in Contractor's possession that embody Confidential Information.Notwithstanding the foregoing, Contractor may keep one copy of such Confidential in Information necessary for quality assurance, audits and evidence of the performance of this Master 00 Agreement. rn N 6.3.3. Injunctive Relief. Contractor acknowledges that breach of this section,including disclosure of any 0 Confidential Information,will cause irreparable injury to Purchasing Entity that is inadequately J compensable in damages. Accordingly,Purchasing Entity may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. Contractor acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of Purchasing Entity and cn are reasonable in scope and content. a� E 6.3.4. Purchasing Entity Law.These provisions shall be applicable only to extent they are not in conflict with the applicable public disclosure laws of any Purchasing Entity. a 6.3.5. The rights granted to Purchasing Entities, and the Contractor obligations under this section shall also extend to the cooperative's Confidential Information, defined to include Participating Addenda, as well as Orders or transaction data relating to Orders under this Master Agreement that identify the entity/customer, Order dates, line item descriptions and volumes, and prices/rates. This provision does not apply to disclosure to the Lead State, a Participating State, or any governmental entity exercising an audit, inspection, or examination pursuant to §6.2 (Records Administration Page 23 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 162 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 and Audit). To the extent permitted by law, Contractor shall notify the Lead State of any entity seeking access to the Confidential Information described in this subsection. 6.4. License of Pre-Existing Intellectual Property Contractor grants to the Purchasing Entity a non-exclusive,perpetual,irrevocable,unlimited license to use, modify, or dispose of the Intellectual Property and its derivatives,used or delivered under this Master Agreement,but not created under it("Pre-existing Intellectual Property"). The license shall be subject to any third party rights in the Pre-existing Intellectual Property. Contractor shall obtain, at its own expense, m on behalf of the Purchasing Entity,written consent of the owner for the licensed Pre-existing Intellectual N •L Property. C 6.5. Public Information a This Master Agreement and all related documents are subject to disclosure pursuant to the Purchasing Entity's public information laws. L 6.6. Assignment/Subcontracts a. 6.6.1. Contractor shall not assign, sell,transfer, subcontract or sublet rights, or delegate responsibilities m under this Master Agreement, in whole or in part,without the prior written approval of the Lead E State. Q' .3 w 6.6.2. The Lead State reserves the right to assign any rights or duties, including written assignment of Contract administration duties to NASPO Cooperative Purchasing Organization LLC,doing m E business as NASPO ValuePoint. L 6.7. Changes in Contractor Representation w The Contractor must notify the Lead State of changes in the Contractor's Key Personnel, in writing within ten(10)calendar days of the change. The Lead State reserves the right to approve changes in key _J personnel, as identified in the Contractor's proposal. The Contractor agrees to propose replacement key i j personnel having substantially equal or better education, training, and experience as was possessed by the _J key person proposed in the Contractor's proposal. -a c 6.8. Independent Contractor 6.8.1. Contractor shall perform duties as an Independent Contractor,and not as an employee.Neither the in Contractor nor any employee or Authorized Dealer of the Contractor, shall be or deemed to be an employee of the Lead State,NASPO ValuePoint,and/or any Participating State or Entity. W N 6.8.2. Contractor acknowledges that its employees are not entitled to unemployment insurance benefits J unless the Contractor or a Third Party provides such coverage, and that the Lead State,NASPO _J ValuePoint and any Participating State or Entity does not pay for or otherwise provide such coverage. •L 6.8.3. Contractor shall have no authority to bind the Lead State,NASPO ValuePoint and any in Participating State or Entity to any agreements,liability,or understanding except as may be c expressly set forth in this Master Agreement,Participating Addendum or an Order. E z 6.9. Force Majeure Neither party to this Master Agreement shall be held responsible for delay or default caused by fire,riot, Q acts of God and/or war which is beyond that party's reasonable control. The Lead State may terminate this Master Agreement after determining such delay or default will reasonably prevent successful performance of this Master Agreement. Page 24 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 163 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 8.D.a 6.10. Defaults and Remedies 6.10.1. The occurrence of any of the following events shall be an event of default under this Master Agreement: a) Nonperformance of contractual requirements; or b) A material breach of any term or condition of this Master Agreement; or c) Any certification,representation or warranty by Contractor in this Master Agreement that proves to be untrue or materially misleading; or N d) Institution of proceedings under any bankruptcy, insolvency,reorganization or similar law,by o or against Contractor, or the appointment of a receiver or similar officer for Contractor or any W of its property,which is not vacated or fully stayed within thirty(30)calendar days after the a institution or occurrence thereof, or a� e) Any default specified in another section of this Master Agreement. L 6.10.2. Upon the occurrence of an event of default,Lead State shall issue a written notice of default, a identifying the nature of the default, and providing a period of thirty(30) calendar days in which Contractor shall have an opportunity to cure the default. The Lead State shall not be required to m E provide advance written notice or a cure period and may immediately terminate this Master 2- Agreement in whole or in part,if the Lead State,in its sole discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. w c m 6.10.3. If Contractor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contractor shall be in breach of its obligations under this 0 Master Agreement and Lead State shall have the right to exercise any or all of the following c remedies: w 3 a) Exercise any remedy provided by law; M b) Terminate this Master Agreement and any related Contracts or portions thereof; J c) Impose liquidated damages as provided in this Master Agreement; J d) Suspend Contractor from being able to respond to future Solicitations; •L e) Suspend Contractor's performance; and f) Withhold payment until the default is remedied. 00 W w 6.10.4. Unless otherwise specified in the Participating Addendum, in the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as t� described in this section and have all of the rights and remedies under this paragraph regarding its participation in this Master Agreement, in addition to those set forth in its Participating Addendum. c 6.10.5. Unless otherwise specified in an Order, a Purchasing Entity shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph and any M Cn applicable Participating Addendum with respect to an Order placed by the Purchasing Entity. Nothing in these Master Agreement Terms and Conditions shall be construed to limit the rights and E remedies available to a Purchasing Entity under the applicable commercial code. z c� 6.11. Waiver of Breach a Failure of the Lead State,Participating Entity, or Purchasing Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master Agreement or Participating Addendum. Any waiver by the Lead State,Participating Entity, or Purchasing Entity must be in writing. Waiver by the Lead State or Participating Entity of any default,right or remedy under this Master Agreement or Participating Addendum, or by Purchasing Entity with respect to any Order,or breach of any terms or requirements of this Master Agreement, a Participating Addendum,or Order shall not be construed or Page 25 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 164 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 8.D.a operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement,Participating Addendum, or an Order. 6.12. Debarment The Contractor certifies that neither it nor its principals are presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction(Contract)by any governmental department or agency. This certification represents a recurring certification made at the time any Order is placed under this Master Agreement. If the Contractor cannot certify this statement, m attach a written explanation for review by the Lead State. N L 0 6.13. Indemnification 6.13.1. The Contractor shall defend, indemnify and hold harmless NASPO,NASPO Cooperative a Purchasing Organization LLC(doing business as NASPO ValuePoint),the Lead State, Participating Entities, and Purchasing Entities, along with their officers, agents, and employees as well as any person or entity for which they may be liable, from and against claims, damages or 2- causes of action including reasonable attorneys' fees and related costs for any death, injury,or a. damage to property arising from act(s),error(s),or omission(s)of the Contractor, its employees or Subcontractors or volunteers, at any tier,relating to the performance under this Master Agreement. E a 6.13.2. Indemnification—Intellectual Property.The Contractor shall defend,indemnify and hold harmless NASPO,NASPO Cooperative Purchasing Organization LLC(doing business as NASPO ValuePoint),the Lead State,Participating Entities,Purchasing Entities, along with their officers, agents, and employees as well as any person or entity for which they may be liable("Indemnified Party"), from and against claims, damages or causes of action including reasonable attorneys' fees `o and related costs arising out of the claim that the Product or its use,infringes Intellectual Property w rights("Intellectual Property Claim"). 3 M J 6.13.3. The Contractor's obligations under this section shall not extend to any combination of the Product with any other Product, system or method,unless the Product, system or method is: J a) Provided by the Contractor or the Contractor's subsidiaries or affiliates; .� c b) Specified by the Contractor to work with the Product; L c) Reasonably required, in order to use the Product in its intended manner, and the infringement could not have been avoided by substituting another reasonably available Product, system or co method capable of performing the same function; or 00 w d) It would be reasonably expected to use the Product in combination with such Product, system or method. J J 6.13.4. The Indemnified Party shall notify the Contractor within a reasonable time after receiving notice of an Intellectual Property Claim. Even if the Indemnified Party fails to provide reasonable notice,the M Contractor shall not be relieved from its obligations unless the Contractor can demonstrate that it a was prejudiced in defending the Intellectual Property Claim resulting in increased expenses or loss in to the Contractor. If the Contractor promptly and reasonably investigates and defends any Intellectual Property Claim, it shall have control over the defense and settlement of it. However, the Indemnified Party must consent in writing for any money damages or obligations for which it may be responsible. The Indemnified Party shall furnish, at the Contractor's reasonable request and `. expense, information and assistance necessary for such defense. If the Contractor fails to Q vigorously pursue the defense or settlement of the Intellectual Property Claim,the Indemnified Party may assume the defense or settlement of it and the Contractor shall be liable for all costs and expenses,including reasonable attorneys' fees and related costs,incurred by the Indemnified Party in the pursuit of the Intellectual Property Claim. Unless otherwise agreed in writing,this section is not subject to any limitations of liability in this Master Agreement or in any other document executed in conjunction with this Master Agreement. Page 26 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 165 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 8.D.a 6.14. No Waiver of Sovereign Immunity 6.14.1. In no event shall this Master Agreement, any Participating Addendum or any Contract or any Purchase Order issued thereunder, or any act of a Lead State,a Participating Entity, or a Purchasing Entity be a waiver of any form of defense or immunity,whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. m 6.14.2. This section applies to a claim brought against the Participating State only to the extent Congress N 'L has appropriately abrogated the Participating State's sovereign immunity and is not consent by the 0 Participating State to be sued in federal court. This section is also not a waiver by the Participating Q State of any form of immunity, including but not limited to sovereign immunity and immunity , based on the Eleventh Amendment to the Constitution of the United States. a� 6.15. Governing Law and Venue i 6.15.1. The construction and effect of this Master Agreement shall be governed by the laws of the Lead a. State.Venue for any administrative or judicial action relating to this Master Agreement shall be in the City and County of Denver, Colorado. E a 6.15.2. The construction and effect of any Participating Addendum or Order against this Master w Agreement shall be governed by and construed in accordance with the laws of the Participating Entity's or Purchasing Entity's State. E m 6.15.3. If a claim is brought in a federal forum,then it must be brought and adjudicated solely and c exclusively within the United States District Court for(in decreasing order of priority): The Lead w State for claims relating to the procurement, evaluation,award,or Contract performance or 3 administration if the Lead State is a party; the Participating State if a named party;the Participating J Entity state if a named parry; or the Purchasing Entity state if a named party. c� J 6.16. Assignment of Antitrust Rights J Contractor irrevocably assigns to a Participating Entity any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of state or federal antitrust laws(15 U.S.C. § 1-15 or a Participating Entity's state antitrust provisions), as now in M co effect and as may be amended from time to time, in connection with any Goods or Services provided to the Contractor for the purpose of carrying out the Contractor's obligations under this Master Agreement or 00 Participating Addendum, including, at a Participating Entity's option,the right to control any such litigation �°'., on such claim for relief or cause of action. v J J 6.17. Contract Provisions for Orders Utilizing Federal Funds -� Pursuant to Appendix II to 2 Code of Federal Regulations(CFR)Part 200, Contract Provisions for Non- Federal Entity Contracts Under Federal Awards, Orders funded with federal funds may have additional contractual requirements or certifications that must be satisfied at the time the Order is placed or upon M delivery. These federal requirements may be proposed by Participating Entities in Participating Addenda and Purchasing Entities for incorporation in Orders placed under this Master Agreement. E z c� a Page 27 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 166 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 8.D.a THE PARTIES HERETO HAVE EXECUTED THIS MASTER AGREEMENT *Individual signing for Contractor hereby swears and affirms that they are authorized to act on Contractor's behalf and acknowledge that the Lead State is relying on their representations to that effect. CONTRACTOR STATE OF COLORADO Safariland, LLC Jared Polis, Governor Department of Personnel &Administration State Purchasing & Contracts Office N By: Brad Williams Kara Veitch, Executive Director 'o DocuSigned by: L Title: President .. DocuSigned by: 3 By: By: a wt tums John pmpn-oState Purchasing Manager Q fn c286658 gaFjture to Date: 11/19/2020 Date: 11/19/2020 i a r c m E a .3 ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER w r CRS§24-30-202 requires the State Controller to approve all State Contracts.This Master Agreement is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until E such time. If Contractor begins performing prior thereto,the State of Colorado is not obligated to pay Contractor for i such performance or for any Goods and/or Services provided hereunder. ,o c W 3 STATE CONTROLLER Robert Jaros, CPA, MBA, JD ' DocuSigned by: �..� J By: b�St V 29ADEADE71135433... fC Date: 11/19/2020 R rn 00 co an N- U J J C L Cn d E V Q Page 28 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 167 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 8.D.a EXHIBIT A, PRODUCT AND PRICE LISTS Separate attachment EXHIBIT B,AGENTS AND DISTRIBUTORS BY STATE 0 0 Separate attachment a rn d rn 0 z L ♦2 EXHIBIT C, WARRANTY AND RECYCLING PLAN E Separate attachment w r c m E m L EXHIBIT D, NASPO VALUEPOINT DETAILED SALES REPORTING TEMPLATE w 3 Separate attachment M c.� J J C 'L M co 00 w CD N U J J C 'L M Cn d E V a Page 29 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 168 EXHIBIT A H{klelw#D#0#SURGXFW#DQG#SULFH# ^y Yhggru#Qdph=#UDIDULODQG/#OOF N �L MARKET BASKET ITEMS 0 t Gender �r Manufacturer NIJ-CPL Model (M=Male, 0 Product Type Manufacturer(Brand and Series) Catalog lJ Designation N=Neutral, NIJ Standard(s) Threat Level MSRP BID Price %Discount Q F=Female r HARDWIRE®51 Level II,A7,M Series Concealable Carrier, 1350429-M,1348925 HW-2019-05-SB M or N II $ 1,665.00 $ 999.00 Ballistic-resistant Vest(including carrier) Handgun Protection Male/Neutral 0101.06 40.00% W HARDWIRE°68 Level IIIA,A7,M Series Concealable Carrier, 1350430-M,1348925 HW-2019-01-SB M or N IIIA $ 2,065.00 $ 1,239.00 M Ballistic-resistant Vest(including carrier) Handgun Protection Male/Neutral 0101.06 40.00% Ballistic-resistant Vest(including carrier) Handgun Protection Safariland SX Level II,M Series Concealable Carrier,Male 1219784-M,1348925 BA-20005-SX02 I M or N 0101.06 II $ 1,465.00 $ 879.00 40.00% L Ballistic-resistant Vest(including carrier) Handgun Protection Safariland SX Level II,M Series Concealable Carrier,Female 1219784-F,1348925 BA-2000S-SX02F F 0101.06 II $ 1,465.00 $ 879.00 40.00% Ballistic-resistant Vest(including carrier) Handgun Protection Safariland SX Level IIIA,M Series Concealable Carrier,Male 1219793-M,1348925 BA-3AOOS-SX02 M or N 0101.06 IIIA $ 1,915.00 $ 1,149.00 40.00% d Ballistic-resistant Vest(including carrier) Handgun Protection Safariland SX Level IIIA,M Series Concealable Carrier,Female 1219794-F,1348925 BA-3AOOS-SX02F F 0101.06 IIIA $ 1,915.00 $ 1,149.00 40.00% �+ Ballistic-resistant Vest(including carrier) Handgun Protection Safariland Summit Level II,M Series Concealable Carrier,Male 1219782-M,1348925 BA-2000S-SM02 M or N 0101.06 II $ 1,465.00 $ 879.00 40.00% Ballistic-resistant Vest(including carrier) Handgun Protection Safariland Summit Level II,M Series Concealable Carrier,Female 1219783-F,1348925 BA-2000S-SM02F F 0101.06 II $ 1,465.00 $ 879.00 40.00% Ballistic-resistant Vest(including carrier) Handgun Protection Safariland Summit Level IIIA,M Series Concealable Carrier,Male 1219791-M,1348925 BA-3AOOS-SM02 M or N 0101.06 IIIA $ 1,915.00 $ 1,149.00 40.00% Ballistic-resistant Vest(including carrier) Handgun Protection Safariland Summit Level IIIA,M Series Concealable Carrier,Female 1219792-F,1348925 BA-3AOOS-SM02F F 0101.06 IIIA $ 1,915.00 $ 1,149.00 40.00% _Q- Ballistic-resistant Vest(including carrier) Handgun Protection Safariland Xtreme Level II,M Series Concealable Carrier,Male 1219786-M,1348925 BA-20005-XT03 M or N 0101.06 II $ 1,315.00 $ 789.00 40.00% � Ballistic-resistant Vest(including carrier) Handgun Protection Safariland Xtreme Level II,M Series Concealable Carrier,Female 1219787-F,1348925 BA-2000S-XT03F F 0101.06 II $ 1,315.00 $ 789.00 40.00% iS Ballistic-resistant Vest(including carrier) Handgun Protection Safariland Xtreme Level IIIA,M Series Concealable Carrier,Male 1219795-M,1348925 BA-3AOOS-XT03 M or N 0101.06 IIIA $ 1,515.00 $ 909.00 40.00% W Ballistic-resistant Vest(including carrier) Handgun Protection Safariland Xtreme Level IIIA,M Series Concealable Carrier,Female 1219796-F,1348925 BA-3AOOS-XT03F F 0101.06 IIIA $ 1,515.00 $ 909.00 40.00% ++ Ballistic-resistant Vest(including carrier) Handgun Protection Safariland Matrix Level II,M Series Concealable Carrier,Male 1221918-M,1348925 BA-2000S-MR02 M or N 0101.06 II $ 1,090.00 $ 654.00 40.00% Safariland Matrix Level II,M Series Concealable Carrier,Female g221919-F,1348925 BA-20005-MR02F Ballistic-resistant Vest(including carrier) Handgun Protection Structured F 0101.06 II $ 1,090.00 $ 654.00 40.00% Ballistic-resistant Vest(including carrier) Handgun Protection Safariland Matrix Level IIIA,M Series Concealable Carrier,Male 1219686-M,1348925 BA-3AOOS-MR02 M or N 0101.06 IIIA $ 1,190.00 $ 714.00 40.00% 4) Safariland Matrix Level IIIA,M Series Concealable Carrier,Female 1221920-F,1348925 BA-3AOOS-MR02F U Ballistic-resistant Vest(including carrier) Handgun Protection Structured F 0101.06 IIIA $ 1,190.00 $ 714.00 40.00% 0 Ballistic-resistant Vest(including carrier) Handgun Protection Safariland PX Level II,M Series Concealable Carrier,Male 1219781-M,1348925 BA-2000S-PXOI M or N 0101.06 II $ 1,515.00 $ 909.00 40.00% Ballistic-resistant Vest(including carrier) Handgun Protection Safariland BV Level II,M Series Concealable Carrier,Male 1219778-M,1348925 BA-20005-BV02 M or N 0101.06 II $ 890.00 $ 534.00 40.00% W Ballistic-resistant Vest(including carrier) Handgun Protection Safariland BV Level IIIA,M Series Concealable Carrier,Male 1221352-M,1348925 BA-3AOOS-BV02 M or N 0101.06 IIIA $ 940.00 $ 564.00 40.00% Ballistic-resistant Vest(including carrier) Handgun Protection Safariland BV Level IIIA,M Series Concealable Carrier,Male 1345711-M,1348925 BA-3AOOS-BV03 M or N 0101.06 IIIA $ 940.00 $ 564.00 40.00% Ballistic-resistant Stand-alone Plate Rifle Protection DT306P Type III 8.75X31.75 Multi Curve SAPI Small 1314912 DT306P M or N 0101.06 III $ 995.00 $ 597.00 40.00% Ballistic-resistant Stand-alone Plate Rifle Protection DT306P Type III 9.5X12.5 Multi Curve SAPI Medium 1314913 DT306P M or N 0101.06 III $ 1,025.00 $ 615.00 40.00% J Ballistic-resistant Stand-alone Plate Rifle Protection DT306P Type III 10.25X33.25 Multi Curve SAPI Large 1314914 DT306P M or N 0101.06 III $ 1,050.00 $ 630.00 40.00% r Ballistic-resistant Stand-alone Plate Rifle Protection DT306P Type III 11X34 Multi Curve SAPI Marge 1314915 DT306P M or N 0101.06 III $ 1,285.00 $ 771.00 40.00% U Ballistic-resistant Stand-alone Plate Rifle Protection DT306P Type III 1OX12 Multi Curve Shooters Cut 1314910 DT306P M or N 0101.06 III $ 1,025.00 $ 615.00 40.00% J Ballistic-resistant Stand-alone Plate Rifle Protection DT306P Type III 1OX12 Multi Curve Rectangle 1345796 DT306P M or N 0101.06 III $ 1,025.00 $ 615.00 40.00% Ballistic-resistant Stand-alone Plate Rifle Protection DT306P Type III 8X30 Multi Curve Shooters Cut 1347631 DT306P M or N 0101.06 III $ 735.00 $ 441.00 40.00% .� Ballistic-resistant Stand-alone Plate Rifle Protection DT306P Type III 8X30 Multi Curve Rectangle 1314911 DT306P M or N 0101.06 III $ 735.00 $ 441.00 40.00% Ballistic-resistant Stand-alone Plate Rifle Protection DT206C Type III 8.75X31.75 Multi Curve SAPI Smal 1314834 DT206C M or N 0101.06 III $ 525.00 $ 315.00 40.00% R Ballistic-resistant Stand-alone Plate Rifle Protection DT206C Type III 9.5X32.5 Multi Curve SAPI Medium 1314835 DT206C M or N 0101.06 III $ 550.00 $ 330.00 40.00% Ballistic-resistant Stand-alone Plate Rifle Protection DT206C Type III 10.25X33.25 Multi Curve SAPI Large 1314836 DT206C M or N 0101.06 III $ 600.00 $ 360.00 40.00% •L t0 Ballistic-resistant Stand-alone Plate Rifle Protection DT206C Type III 11X14 Multi Curve SAPI Xlarge 1314837 DT206C M or N 0101.06 III $ 710.00 $ 426.00 40.00% � Ballistic-resistant Stand-alone Plate Rifle Protection DT206C Type III 1OX12 Multi Curve Shooters Cul 1314832 DT206C M or N 0101.06 III $ 550.00 $ 330.00 40.00% Ballistic-resistant Stand-alone Plate Rifle Protection DT206C Type III IOX12 Multi Curve Rectangle 1315008 DT206C M or N 0101.06 III $ 550.00 $ 330.00 40.00% Ballistic-resistant Stand-alone Plate Rifle Protection DT206C Type III 8X30 Multi Curve Shooters Cul 1315010 DT206C M or N 0101.06 III $ 420.00 $ 252.00 40.00% Ballistic-resistant Stand-alone Plate Rifle Protection DT206C Type III 8X30 Multi Curve Rectangle 1314833 DT206C M or N 0101.06 III $ 420.00 $ 252.00 40.00% 00 Ballistic-resistant Stand-alone Plate Rifle Protection DT106E Type III 8.75X31.75 Multi Curve SAPI Smal 1314828 DT106E M or N 0101.06 III $ 500.00 $ 300.00 40.00% Ballistic-resistant Stand-alone Plate Rifle Protection DT106E Type III 9.5X32.5 Multi Curve SAPI Medium 1314829 DT106E M or N 0101.06 III $ 550.00 $ 330.00 40.00% N Ballistic-resistant Stand-alone Plate Rifle Protection DT106E Type III 10.25X33.25 Multi Curve SAPI Large 1314830 DT106E M or N 0101.06 III $ 600.00 $ 360.00 40.00% .... Ballistic-resistant Stand-alone Plate Rifle Protection DT106E Type III 11X14 Multi Curve SAPI Marge 1314831 DT106E M or N 0101.06 III $ 660.00 $ 396.00 40.00% V Ballistic-resistant Stand-alone Plate Rifle Protection DT106E Type III 1OX12 Multi Curve Shooters Cul 1314826 DT106E M or N 0101.06 III $ 550.00 $ 330.00 40.00% J Ballistic-resistant Stand-alone Plate Rifle Protection DT106E Type III IOX12 Multi Curve Rectangle 1315004 DT106E M or N 0101.06 III $ 550.00 $ 330.00 40.00% J Ballistic-resistant Stand-alone Plate Rifle Protection DT106E Type III 8X30 Multi Curve Shooters Cul 1314827 DT106E M or N 0101.06 III $ 400.00 $ 240.00 40.00% Ballistic-resistant Stand-alone Plate Rifle Protection DT106E Type III 8X30 Multi Curve Rectangle 1315005 DT106E M or N 0101.06 III $ 400.00 $ 240.00 40.00% Ballistic-resistant Stand-alone Plate Rifle Protection 2120-5 Type III 1OX12 Multi Curve Shooters Cul 1011418 2120-5 M or N 0101.06 III $ 715.00 $ 429.00 40.00% Ballistic-resistant Stand-alone Plate Rifle Protection 2120-5 Type III 8X1O Multi Curve Rectangle 1011373 2120-5 M or N 0101.06 III $ 685.00 $ 411.00 40.00% Ballistic-resistant Stand-alone Plate Rifle Protection Hardwire 8000 Type III 8.75X31.75 Multi Curve SAPI Smal 1350910 HW-RFISA-202C M or N 0101.06 III $ 1,070.00 $ 642.00 40.00% L Ballistic-resistant Stand-alone Plate Rifle Protection Hardwire 8000 Type III 9.SX32.5 Multi Curve SAPI Medium 1350911 HW-RF15A-2020 M or N 0101.06 III $ 1,180.00 $ 708.00 40.00% M Ballistic-resistant Stand-alone Plate Rifle Protection Hardwire 8000 Type III 10.25X33.25 Multi Curve SAPI Large 1350912 HW-RFISA-2020 M or N 0101.06 III $ 1,375.00 $ 825.00 40.00% Ballistic-resistant Stand-alone Plate Rifle Protection Hardwire 8000 Type III 11X14 Multi Curve SAPI Xlarge 1350913 HW-RF15A-2020 M or N 0101.06 III $ 1,565.00 $ 939.00 40.00% (n Ballistic-resistant Stand-alone Plate Rifle Protection Hardwire 8000 Type III 1OX12 Multi Curve Shooters Cur 1350914 HW-RFISA-2020 M or N 0101.06 III $ 1,300.00 $ 780.00 40.00% Ballistic-resistant Stand-alone Plate Rifle Protection Hardwire 8000 Type III IOX12 Multi Curve Rectangle 1350915 HW-RF15A-2020 M or N 0101.06 III $ 1,300.09 $ 780.00 40.00% +' Ballistic-resistant Stand-alone Plate Rifle Protection Hardwire 8000 Type III 8X30 Multi Curve Shooters Cut 1350916 HW-RFISA-2020 M or N 0101.06 III $ 970.00 $ 582.00 40.00% W Ballistic-resistant Stand-alone Plate Rifle Protection Hardwire 8000 Type 1118X10 Multi Curve Rectangle 1350917 HW-RFI5A-2020 M or N 0101.06 III $ 970.00 $ 582.00 40.00% Ballistic-resistant Stand-alone Plate Rifle Protection Hardwire 9000 Type III 8.75X11.75 Multi Curve SAPI Smal 1350919 HW-RF2SA-2020 M or N 0101.06 III $ 995.00 $ 597.00 40.00% E V t0 Q Packet Pg. 169 RFP-NK-15-001 8.D.a Ballistic-resistant Stand-alone Plate Rifle Protection Hardwire 9000 Type III 9.5x12.5 Multi Curve SAN Medium 1350920 HW-RF25A-2020 M or N 0101.06 III $ 1,085.00 $ 651.00 40.00% Ballistic-resistant Stand-alone Plate Rifle Protection Hardwire 9000 Type III 10.25X13.25 Multi Curve SAPI Large 1350921 HW-RF2SA-202C M or N 0101.06 III $ 1,200.00 $ 720.00 40.00% N Ballistic-resistant Stand-alone Plate Rifle Protection Hardwire 9000 Type III lIX14 Multi Curve SAPI Xlarge 1350922 HW-RF25A-2020 M or N 0101.06 III $ 1,325.00 $ 795.00 40.00% Ballistic-resistant Stand-alone Plate Rifle Protection Hardwire 9000 Type III 1OX12 Multi Curve Shooters Cul 1350923 HW-RF2SA-202C M or N 0101.06 III $ 1,010.00 $ 606.00 40.00% •L Ballistic-resistant Stand-alone Plate Rifle Protection Hardwire 3000 Type III 8.75X31.75 Multi Curve SAPI Smal 1302175 007-015-300C M or N 0101.06 III $ 590.00 $ 354.00 40.00% 0 Ballistic-resistant Stand-alone Plate Rifle Protection Hardwire 3000 Type III 9.5x12.5 Multi Curve SAPI Medium 1302176 007-015-300C M or N 0101.06 III $ 650.00 $ 390.00 40.00% Ballistic-resistant Stand-alone Plate Rifle Protection Hardwire 3000 Type III 10.25X33.25 Multi Curve SAPI Large 1302177 007-015-300C M or N 0101.06 III $ 740.00 $ 444.00 40.00% Ballistic-resistant Stand-alone Plate Rifle Protection Hardwire 3000 Type III 11X14 Multi Curve SAPI Marge 1302178 007-015-300C M or N 0101.06 III $ 800.00 $ 480.00 40.00% Ballistic-resistant Stand-alone Plate Rifle Protection Hardwire 3000 Type III IOX12 Multi Curve Shooters Cul 1193120 007-015-300C M or N 0101.06 III $ 620.00 $ 372.00 40.00% ' Ballistic-resistant Stand-alone Plate Rifle Protection Hardwire 3000 Type III 1OX12 Multi Curve Rectangle 1193811 007-015-300C M or N 0101.06 III $ 620.00 $ 372.00 40.00% U) Ballistic-resistant Stand-alone Plate Rifle Protection Hardwire 3000 Type III 8X30 Multi Curve Shooters Cut 1193812 007-015-300C M or N 0101.06 III $ 500.00 $ 300.00 40.00% 12) Ballistic-resistant Stand-alone Plate Rifle Protection Hardwire 3000 Type III 8X10 Multi Curve Rectangle 1193813 007-015-300C M or N 0101.06 III $ 500.00 $ 300.00 40.00% U) Ballistic-resistant Stand-alone Plate Rifle Protection 2014MC Type IV IOX12 Multi Curve Shooters Cut 1193616 2014MC M or N 0101.06 IV $ 415.00 $ 249.00 40.00% Ballistic-resistant Stand-alone Plate Rifle Protection 2014MC Type IV 1Ox12 Multi Curve Rectangle 1222384 2014MC M or N 0101.06 IV $ 415.00 $ 249.00 40.00% V Ballistic-resistant Stand-alone Plate Rifle Protection 2014MC Type IV 8x10 Multi Curve Shooters Cut 1349432 2014MC M or N 0101.06 IV $ 375.00 $ 225.00 40.00% L Ballistic-resistant Stand-alone Plate Rifle Protection 2014MC Type IV 8x10 Multi Curve Rectangle 1222385 2014MC M or N 0101.06 IV $ 375.00 $ 225.00 40.00% Ballistic-resistant Stand-alone Plate Rifle Protection 2014G Type IV I0X12 Single Curve Shooters Cut 1179946 2014G M or N 0101.06 IV $ 375.00 $ 225.00 40.00% d Ballistic-resistant Stand-alone Plate Rifle Protection 2014G Type IV 1OX12 Single Curve Rectangle 1179945 2014G M or N 0101.06 IV $ 375.00 $ 225.00 40.00% Y Ballistic-resistant Stand-alone Plate Rifle Protection 2014G Type IV 8X10 Single Curve Rectangle 1179947 2014G M or N 0101.06 IV $ 315.00 $ 189.00 40.00% d X-CAL DTP1 ICW E In Conjunction With(ICW)Armor(soft armor and ICW plate) Rifle Protection X-CAL DTP1 Type III ICW 8.75%11.75 Multi Curve SAPI Small 1346548,1221712 BA-3Ao0S-SM02 M or N 0101.06 III $ 1,765.00 $ 1,059.00 40.00% Q X-CAL DTP1 ICW Rifle Protection X-CAL DTP3 Type III ICW 9.5X32.5 Multi Curve SAPI Medium 1346549,1221712 '3 In Conjunction With(ICW)Armor(soft armor and ICW plate) BA-3A005-SM02 MorN 0101.06 III $ 1,765.00 $ 1,059.00 40.00% S Rifle Protection X-CAL DTP1 Type III ICW 10.25X13.25 Multi Curve SAPI Large 1346550,1221712 X-CAL DTP1 ICW W In Conjunction With(ICW)Armor(soft armor and ICW plate) BA-3Ao0S-SM02 MorN 0101.06 III $ 1,850.00 $ 1,110.00 40.00% ++ X-CAL DTP1 ICW In Conjunction With(ICW)Armor(soft armor and ICW plate) Rifle Protection X-CAL DTP1 Type III ICW 11X14 Multi Curve SAPI Marge 1346551,1221712 BA-3Ao0S-SM02 M or N 0101.06 III $ 2,075.00 $ 1,245.00 40.00% d Rifle Protection X-CAL DTP1 Type III ICW IOX12 Multi Curve Shooters Cut, 1346545,1221712 X-CAL DTP1 ICW E In Conjunction With(ICW)Armor(soft armor and ICW plate) BA-3AOOSO-SM02 BA-3Ao0S-SM02 MorN 0101.06 III $ 1,765.00 $ 1,059.00 40.00% d X-CAL DTP1 ICW U In Conjunction With(ICW)Armor(soft armor and ICW plate) Rifle Protection X-CAL DTP1 Type III ICW 10X12 Multi Curve Rectangle 1348277,1221712 BA-3Ao0S-SM02 M or N 0101.06 III $ 1,765.00 $ 1,059.00 40.00% L_ O Rifle Protection X-CAL DTP1 Type III ICW 8X10 Multi Curve Shooters Cut 1347633,1221712 X-CAL DTP1 ICW - In Conjunction With(ICW)Armor(soft armor and ICW plate) BA-3Ao0S-SM02 MorN 0101.06 III $ 1,545.00 $ 927.00 40.00% W X-CAL DTP1 ICW In Conjunction With(ICW)Armor(soft armor and ICW plate) Rifle Protection X-CAL DTP1 Type III ICW 8X10 Multi Curve Rectangle 1346546,1221712 BA-3Ao0S-SM02 M or N 0101.06 III $ 1,545.00 $ 927.00 40.00% 3 X-CAL DTP1 ICW Rifle Protection X-CAL DTP3 Type III ICW 7X9 Single Curve Rectangle 1347869,1221712 R In Conjunction With(ICW)Armor(soft armor and ICW plate) BA-3A005-SM02 MorN 0101.06 III $ 1,390.00 $ 834.00 40.00% J X-CAL DTP1 ICW Rifle Protection X-CAL DTP3 Type III ICW 5X8 Single Curve Rectangle 1347871,1221712 r In Conjunction With(ICW)Armor(soft armor and ICW plate) BA-3A005-SM02 M or N 0101.06 III $ 1,240.00 $ 744.00 40.00% U Stab-resistant Vest(including carrier) Spike Protection PRISM Spike 1,M Series Concealable Carrier,Male 1219804-M,1348925 PS-1.0 M or N 0115.00 1/Spike $ 715.00 $ 429.00 40.00% J Stab-resistant Vest(including carrier) Spike Protection PRISM Spike 2,M Series Concealable Carrier,Male 1219805-M,1348925 PS-2.2 M or N 0115.00 2/Spike $ 815.00 $ 489.00 40.00% J Stab-resistant Vest(including carrier) Spike Protection PRISM Spike 3,M Series Concealable Carrier,Male 1219806-M,1348925 PS-3.0 M or N 0115.00 3/Spike $ 1,015.00 $ 609.00 40.00% Stab-resistant Vest(including carrier) Spike Protection PRISM Spike 3,M Series Concealable Carrier,Male 1345427-M,1348925 PS-3.1 M or N 0115.00 3/Spike $ 1,015.00 $ 609.00 40.00% Combination Vest(including carrier) Handgun-Spike PRISM MT Level II Spike 2,M Series Concealable Carrier,Male 1301972-M,1348925 NS02-2020S-ME M or N 0101.06-0115.00 II-2/Spike $ 1,715.00 $ 1,029.00 40.00% PRISM MT MT22.2 Level II/Spike 2,M Series Concealable Carrier, 1302326-M,1348925 MS-20205-MT22.2 Combination Vest(including carrier) Handgun-Spike Male M or N 0101.06-0115.00 II-2/Spike $ 1,715.00 $ 1,029.00 40.00% L Combination Vest(including carrier) Handgun-Spike M or N 0101.06-0115.00 IIIA-2/Spike #DIV/01 Combination Vest(including carrier) Handgun-Spike PRISM MT Level IIA Spike 3,M Series Concealable Carrier 1219802-M,1348925 MS-2A30S-MT21 M or N 0101.06-0115.00 IIA-3/Spike $ 1,465.00 $ 879.00 40.00% fC Combination Vest(including carrier) Handgun-Spike M or N 0101.06-0115.00 II-3/Spike #DIV/01 (n Combination Vest(including carrier) Handgun-Spike PRISM MT Level IIIA Spike 3,M Series Concealable Carrier,Male 1219803-M,1348925 MS-3A30S-MTOl M or N 0101.06-0115.00 IIIA-3/Spike $ 1,765.00 $ 1,059.00 40.00% Combination Vest(including carrier) Handgun-Spike-Edged Blade M or N 0101.06-0115.00 II-2/Spike-2/Edged Blade #DIV/01 pp Combination Vest(including carrier) Handgun-Spike-Edged Blade M or N 0101.06-0115.00 IIIA-2/Spike-2/Edged Blade #DIV/01 �O Bark-9 Xtreme Level II,Bark-97"Canine Platform,VELCRO®Brand K-9 Vest Ballistic,Stab,or Comb. 1220524,1346114 N/A N/A 0101.06 II $ 1,510.00 $ 906.00 40.00% Closure v K-9 Vest Ballistic,Stab,or Comb. Bark-9 Xtreme Level IIIA,Bark-9TM Canine Platform,VELCRO®Brand 1220825,1346114 N/A N/A 0101.06 IIIA $ 1,685.00 $ 1,011.00 40.00% Closure J Bark-9 Matrix Level II,Bark-9'"Canine Platform,VELCRO®Brand J K-9 Vest Ballistic,Stab,or Comb. Closure 1223996,1346114 N/A N/A 0101.06 II $ 1,260.00 $ 756.00 40.00% K-9 Vest Ballistic,Stab,or Comb. Bark-9 Matrix Level IIIA,Bark-9TM Canine Platform,VELCRO®Brand 1223995,1346114 N/A N/A 0101.06 IIIA $ 1,360.00 $ 816.00 40.00% Closure C Ballistic Shields Handgun or Rifle Protection IntruderTM G2'"20X34 LED Lights Hoizon[al Handle 1152944 N/A N/A 0108.01 IIIA $ 4,200.00 $ 2,520.00 40.00% R Ballistic Shields Handgun or Rifle Protection Intruder-G21"20X34 LED Lights 3-Position Handle 1157457 N/A N/A 0108.01 IIIA $ 4,200.00 $ 2,520.00 40.00% .L Ballistic Shields Handgun or Rifle Protection Intruder'G2'"20X34 No Lights Horizontal Handle 1157458 N/A N/A 0108.01 IIIA $ 2,362.50 $ 1,417.50 40.00% Ballistic Shields Handgun or Rifle Protection Intruder-G21"20X34 No Lights 3-Position Handle 1173879 N/A N/A 0108.01 IIIA $ 2,362.50 $ 1,417.50 40.00% 4- Ballistic Shields Handgun or Rifle Protection Entry I FIR X 24X36 Horizontal Handle 1301038 N/A N/A 0108.01 IIIA $ 2,600.00 $ 1,560.00 40.00% N Ballistic Shields Handgun or Rifle Protection Entry I FIR X 24X36 3-Position Handle 1301037 N/A N/A 0108.01 IIIA $ 2,600.00 $ 1,560.00 40.00% Ballistic Shields Handgun or Rifle Protection Entry I FIR X 24X36 Foxfury B70 Integrated Light Horizontal Handle 1348218 N/A N/A 0108.01 IIIA $ 4,100.00 $ 2,460.00 40.00% t+ Ballistic Shields Handgun or Rifle Protection Entry I FR X 24X36 Foxfury B70 Integrated Light 3-Position Handle 1348222 N/A N/A .1..1 IIIA $ 4,100.00 $ 2,460.00 40.00% Ballistic Shields Handgun or Rifle Protection Entry I X 24X36 Horizontal Handle 1301036 N/A N/A 0108.01 IIIA $ 2,500.00 $ 1,500.00 40.00% Ballistic Shields Handgun or Rifle Protection Entry I X 24X36 3-Position Handle 1223503 N/A N/A 0108.01 IIIA $ 2,500.00 $ 1,500.00 40.00% V fC Q Packet Pg. 170 RFP-NK-15-001 8.D.a Ballistic Shields Handgun or Rifle Protection Entry I X 24X36 FoxFury B70 Integrated Light Horizontal Handle 1348217 N/A N/A 0108.01 IIIA $ 4,000.00 $ 2,400.00 40.00% Ballistic Shields Handgun or Rifle Protection Entry I X 24X36 FoxFury B70 Integrated Light 3-Position Handle 1348221 N/A N/A 0108.01 IIIA $ 4,000.00 $ 2,400.00 40.00% N Ballistic Shields Handgun or Rifle Protection Entry I FIR 24X36 FBI 3 Position Handle 1192597 N/A N/A 0108.01 IIIA $ 3,100.00 $ 1,860.00 40.00% Ballistic Shields Handgun or Rifle Protection Entry 11 X 24X48 Horizontal Handle 1301044 N/A N/A 0108.01 IIIA $ 3,100.00 $ 1,860.00 40.00% •L- Ballistic Shields Handgun or Rifle Protection Entry 11 X 24X48 3-Position Handle 1301043 N/A N/A 0108.01 IIIA $ 3,100.00 $ 1,860.00 40.00% 0 Ballistic Shields Handgun or Rifle Protection Entry 11 X 24X48 Foxfury B70 Integrated Light Horizontal Handle 1348219 N/A N/A 0108.01 IIIA $ 4,600.00 $ 2,760.00 40.00% +' Ballistic Shields Handgun or Rifle Protection Entry 11 X 24X48 Foxfury B70 Integrated Light 3-Position Handle 1348223 N/A N/A 0108.01 IIIA $ 4,600.00 $ 2,760.00 40.00% Ballistic Shields Handgun or Rifle Protection Defender 20X34 Horizontal Handle 1301042 N/A N/A 0108.01 IIIA $ 2,350.00 $ 1,410.00 40.009 Ballistic Shields Handgun or Rifle Protection Defender X 20X34 3-Position Handle 1301041 N/A N/A 0108.01 IIIA $ 2,350.00 $ 1,410.00 40.00% ' Ballistic Shields Handgun or Rifle Protection Defender 20X34 Foxfury B70 Integrated Light Horizontal Handle 1345986 N/A N/A 0108.01 IIIA $ 3,850.00 $ 2,310.00 40.00% V) Ballistic Shields Handgun or Rifle Protection Defender 20X34 Fox fury B70 Integrated Light 3-Position Handle 1348225 N/A N/A 0108.01 IIIA $ 3,850.00 $ 2,310.00 40.00% N Ballistic Shields Handgun or Rifle Protection Mighty Mite X 18X30 Horizontal Handle 1301039 N/A N/A 0108.01 IIIA $ 2,200.00 $ 1,320.00 40.00% Ballistic Shields Handgun or Rifle Protection Mighty Mite X 1SX30 3-Position Handle 1301040 N/A N/A 0108.01 IIIA $ 2,200.00 $ 1,320.00 40.00% Ballistic Shields Handgun or Rifle Protection Mighty Mite%18X30 Foxfury B70 Integrated Light Horizontal Handle 1348220 N/A N/A 0108.01 IIIA $ 3,700.00 $ 2,220.00 40.00% L n Ballistic Shields Handgun or Rifle Protection Mighty Mite X 18X30 Foxfury B70 Integrated Light 3-Position Handle 1348224 N/A N/A 0108.01 IIIA $ 3,700.00 $ 2,220.00 40.00% Ell- Ballistic Shields Handgun or Rifle Protection Patroller'"18%24 Horizontal Handle 1002697 N/A N/A 0108.01 IIIA $ 1,550.00 $ 930.00 40.00% � Ballistic Shields Handgun or Rifle Protection Patroller-FIR 22X31 Horizontal Handle 1002687 N/A N/A 0108.01 IIIA $ 1,850.00 $ 1,110.00 40.00% d Ballistic Shields Handgun or Rifle Protection TSI 120X34 Horizontal Handle 1163976 N/A N/A 0108.01 IIIA $ 1,375.00 $ 825.00 40.00% E Ballistic Shields Handgun or Rifle Protection TSI 1 Level IIIA Shield 20X34 3-Position Handle 1171174 N/A N/A 0108.01 IIIA $ 1,375.00 $ 825.00 40.00% !Z Ballistic Shields Handgun or Rifle Protection TSI 224X36 Horizontal Handle 10027GO N/A N/A 0108.01 IIIA $ 1,550.00 $ 930.00 40.00% Ballistic Shields Handgun or Rifle Protection TSI 2 24x36 3-Position Handle 1175465 N/A N/A 0108.01 IIIA $ 1,550.00 $ 930.00 40.00% S Ballistic Shields Handgun or Rifle Protection TSI3 20X48 Horizontal Handle 1164024 N/A N/A 0108.01 IIIA $ 1,650.00 $ 990.00 40.00% W Ballistic Shields Handgun or Rifle Protection HI-VIZ 12X24 Clear Horizontal Handle 1345191 N/A N/A 0108.01 IIIA $ 1,150.00 $ 690.00 40.00% �..r Ballistic Shields Handgun or Rifle Protection HI-VIZ 12X24 Clear T-Shape Horizontal Handle 1345192 N/A N/A 0108.01 IIIA $ 1,150.00 $ 690.00 40.00% Ballistic Shields Handgun or Rifle Protection HI-VIZ 9.5X24 Clear Horizontal Handle 1345193 N/A N/A 0108.01 IIIA $ 990.00 $ 594.00 40.00% d Ballistic Shields Handgun or Rifle Protection Strike Shield IIIA Soft Roll-Up Shield 20X28 Horizontal Handle 1345164 N/A N/A 0108.01 IIIA $ 1,450.00 $ 870.00 40.00% E Ballistic Shields Handgun or Rifle Protection Strike Shield IIIA Soft Roll-Up Shield 20X32 Horizontal Handle 1345165 N/A N/A 0108.01 IIIA $ 1,600.00 $ 960.00 40.00% d Ballistic Shields Handgun or Rifle Protection Strike Shield SX IIIA Soft Roll-Up Shield 20X28 Horizontal Handle 1314109 N/A N/A 0108.01 IIIA $ 2,300.00 $ 1,380.00 40.00% L Ballistic Helmet Handgun Protection Delta 5 4-Bolt Full-Cut Mesh Suspension 4-Point Harness 1345392-FC N/A N/A 0106.01 IIIA $ 1,785.00 $ 1,071.00 40.00% PTA-HS-4PHS Ballistic Helmet Handgun Protection Delta 5 4-Bolt Mid-Cut Mesh Suspension 4-Pain[Harness 1345392-MCPTA-HS-4PHS N/A N/A 0106.01 IIIA $ 1,785.00 $ 1,071.00 40.00% LLf Ballistic Helmet Handgun Protection Delta 54-Bolt High-Cut Mesh Suspension 4-Point Harness 1345392-HC PTA-HS-4PHS N/A N/A 0306.01 IIIA $ 1,785.00 $ 1,071.00 40.00% R Ballistic Helmet Handgun Protection Delta 4 4-Bolt Full-Cut Mesh Suspension 4-Point Harness 1220976-FC N/A N/A 0106.01 IIIA $ 685.00 $ 411.00 40.00% J PTA-HS-4PHS r Ballistic Helmet Handgun Protection Delta 4 4-Bolt Mid-Cut Mesh Suspension 4-Pain[Harness 1220976-MCPTA-HS-4PHS N/A N/A 0306.01 IIIA $ 685.00 $ 411.00 40.00% J Ballistic Helmet Handgun Protection Delta 4 4-Bolt High-Cut Mesh Suspension 4-Point Harness 1220976-HC N/A N/A 0106.01 IIIA $ 685.00 $ 411.00 40.00% J PTA-HS-4PHS Ballistic Helmet Handgun Protection PASGT4-Bolt High-Cut Mesh Suspension 4-Point Harness A-HS-42 PT-HS-4PHS N/A N/A 0106.01 IIIA $ 635.00 $ 381.00 40.00% L V! NON-MARKET BASKET ITEMS 00 en er (p Product Type Size (M=Male, Threat Level Minimum%Discount N N=Neutral, from MSRP(per each) �. Trauma Pack Soft All N/A N/A 40.00% Trauma Plate Hard All N/A N/A 40.00% J Insert Soft or Hard All N/A N/A 40.00% J Protector(groin,shoulder,throat,etc.) Soft or Hard All N/A All 40.00% Carriers Uniform,Concealable,Tactical All M,F,N N/A 40.00% Pouches All All N/A N/A 40.00% to Replacement Vest Straps All All N/A N/A 40.00% ID Patches All All N/A N/A 40.00% •L Carry Bags Vest,Shield,Helmet All N/A N/A 40.00% Face Shields All All N/A N/A 40.00% Helmet Accessories All N/A N/A N/A 40.00% N Shield LED Lights All All N/A N/A 40.00% a i Shield Accessories All N/A N/A N/A 40.00% C Other Accessories All N/A N/A N/A 40.00% V Q Packet Pg. 171 RFP-NK-15-001 EXHIBIT B -AGENTS AND DISTRIBUTORS BY STATE RFP-AR-21-001 VENDOR NAME:SAFARILAND, LLC States Agents/Distributors Number of (put an "x" if yes) Agents/Distributors Alabama Alaska x 1 Arizona x 2 Arkansas x 2 N California L 0 Colorado x 3 w 3 Connecticut x 3 Q Delaware x 1 ' Florida x 3 0 Georgia Hawaii x 3 3 Idaho x 2 d Illinois c m Indiana E Iowa x 1 Kansas x 3 a LIJ Kentucky r c Louisiana x 2 Maine aEi v Maryland L 0 Massachusetts c Michigan uJ 3 Minnesota x 1 J Mississippi Missouri U J Montana x 3 J Nebraska Nevada x 5 New Hampshire 42 New Jersey U) New Mexico x 1 co New York to North Carolina x 1 North Dakota x 2 U J Ohio J Oklahoma x 3 c Oregon x 3 f° •L Pennsylvania 4— Puerto Rico to Rhode Island x 1 +� c South Carolina m South Dakota x 2 t Tennessee r Texas Q Utah x 2 Vermont x 1 Virginia Washington x 5 Washington DC West Virginia Wisconsin x 1 Wyoming x 3 Total 27 60 Packet Pg. 172 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Information Manufacturer Name: Safariland LLC as Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 0 Primary Contact: Joe Reynolds 3 Q Phone: 904-434-9620 Email: ioe.reynolds2@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 L Distributor/Agent 1 1 1 1 IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: E Address: Q-.3 City: State: Zip: a W Primary Contact: Phone: Email: E E Website: U L FEIN: c Areas Covered: W 3 c� J U J J C cC L U) 00 to CD N- U J J C L d E V Q Manufacturer Name: Page 2 Packet Pg. 173 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Information!&—. Manufacturer Name: Safariland LLC a� Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 Primary Contact: Tim Boyle 3 Q Phone: 425-750-7478 Email: tim.boyle@safariland.com w Website: www.safariland.com W N FEIN: 59-2044869 L Distributor/Agent 1 IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: Northern Security Supply E Address: 4147 Old Seward Highway Suite 100 Q-.3 City: Anchorage State: AK Zip: 99503 a w Primary Contact: Daniel Rush Phone: (907) 561-5602 Email: nssupply@acsalaska.net E Website: www.northernsecuritysuppIVak.com i FEIN: 92-0081957 ° c Areas Covered: AK W 3 c� J U J J C cC L U) 00 to CD N- U J J C L d E V Q Manufacturer Name: Page 3 Packet Pg. 174 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Name: Safariland LLC as Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 0 Primary Contact: Chris Parra 3 Q Phone: 909-618-6783 Email: chris.parra@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 L Distributor/Agent • IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: Curtis Blue Line E Address: 5035 South 33rd St Q- City: Phoenix State: AZ 85040 a w Primary Contact: Mason Goold Phone: 602-529-3800 Email: phoenix@curtisblueline.com E E Website: www.curtisblueline.com U L FEIN: 94-1214350 ° c Areas Covered: AZ,CO,HI, ID,MT,NV,OR,UT,WA,WY W Distributor/Agent • c3a J Identify Distributor/Agents for measuring/fitting and order placement Company Name: Proforce Law Enforcement J Address: 2625 Stearman Road, Suite A .a City: Prescott State: AZ 86301 Primary Contact: Dan Rooney Phone: 800-367-5855 Email: sales@proforceonline.com U) Website: www.proforceonline.com co FEIN: 86-1022874 to N Areas Covered: AZ, CO, ID, MT, NV, OR, UT,WA, WY U J J C L d E V Q Manufacturer Name: Page 4 Packet Pg. 175 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifyirr, Manufacturer Name: Safariland LLC as Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 0 Primary Contact: Ted Drysdale 3 Q Phone: 816-419-7624 Email: ted.drysdale@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 L Distributor/Agent 1 IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: Special Ops Uniforms of Arkansas, Inc E Address: 6320 Scott Hamilton Drive Q- City: Little Rock State: AR Zip: 72209 a w Primary Contact: Nicole Comstock Phone: 507-812-3260 Email: uniformsofarkansas@gmail.com E E Website: U L FEIN: 84-2384776 c Areas Covered: AR W Distributor/Agent J Identify Distributor/Agents for measuring/fitting and order placement Company Name: Galls J Address: 1340 Russel Cave Road .a City: Lexington State: KY Zip: 40505 c�a Primary Contact: Wayne Cook Phone: 850-443-4924 Email: cook-wayne@galls.com U) Website: www.galls.com co FEIN: 20-3545989 to N Areas Covered: AR U Distributor/Agent(ArkaJ J Identify Distributor/Agents for measuring/fitting and order placement Company Name: c�a Address: City: State: Zip: Primary Contact: c Phone: Email: E Website: U FEIN: r Q Areas Covered: Manufacturer Name: Page 5 Packet Pg. 176 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State IdentifyDistributor/Agent(Arkansas) order placement Name: Address: City: State: Zip: Primary Contact: Phone: Email: a� Website: N L FEIN: t w 3 Q Areas Covered: ' Distributor/Agent (Arkansas) N Identify Distributor/Agents for measuring/fitting and order placement �a U Company Name: a Address: City: State: Zip: E Primary Contact: .3 Phone: Email: a w Website: c FEIN: a� L Areas Covered: ° c • • .. . w Identify Distributor/Agents for measuring/fitting and order placement CU Company Name: U Address: J J City: State: Zip: Primary Contact: Phone: Email: 42 Website: M U) FEIN: 00 M N Areas Covered: U Distributor/AgentJ Identify Distributor/Agents for measuring/fitting and order placement Company Name: Address: 4- City: State: Zip: Primary Contact: c Phone: Email: °' E Website: FEIN: r Q Areas Covered: Manufacturer Name: Page 6 Packet Pg. 177 Exhibit B Distributors for Body Armor RFP-AR-21 State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Information Manufacturer Name: Safariland LLC a� Address: 13386 International Pkwy. N •L City: Jacksonville State: FL Zip: 32218 t w Primary Contact: Mary Bateman 3 Q Phone: 916-371-8884 Email: mary.bateman@safariland.com y Website: www.safariland.com °' FEIN: 59-2044869 U L Distributor/Agent (California) Identify Distributor/Agents for measuring/fitting and order placement Company Name: E Address: .3 City: State: Zip: a w Primary Contact: m Phone: Email: E Website: L FEIN: 0 c Areas Covered: w • • (California) CU J Identify Distributor/Agents for measuring/fitting and order placement Company Name: J Address: City: State: Zip: Primary Contact: .2 Phone: Email: M U) Website: 00 FEIN: N Areas Covered: .. U Distributor/Agent (California) J Identify Distributor/Agents for measuring/fitting and order placement Company Name: Address: 4- City: State: Zip: c) Primary Contact: c Phone: Email: °' E Website: FEIN: r Q Areas Covered: Manufacturer Name: Page 7 Packet Pg. 178 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State IdentifyDistributor/Agent (California) order placement Name: Address: City: State: Primary Contact: Phone: Email: a� Website: N 'L FEIN: t w Areas Covered: 3 Q u� a� �a t U L 3 (L r C d E Q W r C d d v L O r- W CU J U J J C R R fC U) CO M N U J J C R 'L 4- R U) C d E L V R r Q Manufacturer Name: Page 8 Packet Pg. 179 Exhibit B Distributors for Body Armor RFP-AR-21 State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Information Manufacturer Name: Safariland LLC a� Address: 13386 International Pkwy. N •L City: Jacksonville State: FL Zip: 32218 t w Primary Contact: Chris Parra 3 Q Phone: 909-618-6783 Email: chris.parra@safariland.com y Website: www.safariland.com °' FEIN: 59-2044869 U L Distributor/Agent(Colorado) Identify Distributor/Agents for measuring/fitting and order placement Company Name: Adamson Police Products E Address: 3763 Imperial St#A City: Fredrick State: CO Zip: 80516 a w Primary Contact: Del Boyer Phone: 303-833-4661 Email: dbover@policeproducts.com E E Website: www.policeproducts.com FEIN: 94-2696822 0 c Areas Covered: CO, NV, WY w Distributor/Agent (Colorado) CU Identify Distributor/Agents for measuring/fitting and order placement Company Name: Proforce Law Enforcement J Address: 2625 Stearman Road, Suite A City: Prescott State: AZ 86301 Primary Contact: Dan Rooney Phone: 800-367-5855 Email: sales@proforceonline.com U) Website: proforceonline.com/ co FEIN: 86-1022874 N Areas Covered: AZ, CO, ID, MT, NV, OR, UT, WA, WY .. U Distributor/Agent • • .•• J Identify Distributor/Agents for measuring/fitting and order placement Company Name: Curtis Blue Line Address: 5035 South 33rd St 4- City: Phoenix State: AZ 85040 c) Primary Contact: Mason Goold Phone: 602-529-3800 Email: phoenix@curtisblueline.com °' E Website: www.curtisblueline.com FEIN: 94-1214350 r Q Areas Covered: AZ,CO,HI, ID,MT,NV,OR,UT,WA,WY Manufacturer Name: Page 9 Packet Pg. 180 Exhibit B Distributors for Body Armor RFP-AR-21 State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Name: Safariland LLC as Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 0 Primary Contact: Dominick Provisiero 3 Q Phone: 631-520-1060 Email: Dominick.Provisiero@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 L Distributor/Agent • IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: Connecticut Police Supply E Address: 105 Fenn Road Q- City: Newington State: CT Zip: 06111 a w Primary Contact: Edward O'Neill Phone: 860-667-4211 Email: ed@ctpolicesupply.com E E Website: www.ctpolicesuppIV.com i FEIN: 13-4205959 ° c Areas Covered: CT W Distributor/Agent . c3a J Identify Distributor/Agents for measuring/fitting and order placement Company Name: Horwitz Career Apparel & Uniforms, Inc J Address: 375 Morgan Lane .a City: West Haven State: CT Zip: 06516 Primary Contact: Robert Horwitz Phone: 203-931-9700 Email: rhorwitz@horwitzuniforms.com U) Website: www.horwitzuniforms.com co FEIN: 06-1277699 to N Areas Covered: CT U Distributor/Agent • J J Identify Distributor/Agents for measuring/fitting and order placement Company Name: New England Uniform LLC c�a Address: 356 Main Street City: Danbury State: CT Zip: 06810 y Primary Contact: Edward McGee Phone: 203-792-5256 Email: e.mcgee@newenglanduniform.net a) E Website: www.newenglanduniform.net U FEIN: 06-1567984 r Areas Covered: CT Q Manufacturer Name: Page 10 Packet Pg. 181 Exhibit B Distributors for Body Armor RFP-AR-21 State by State IdentifyDistributor/Agent (Connecticut) order placement Name: New England Uniform LLC Address: 2490 Main Street City: Bridgeport State: CT Zip: 06606 Primary Contact: JR McGee or Ryan McGee jmcgee@newenglanduniform.net a� Phone: 203-333-0890 Email: rmcgee@newenglanduniform.net N •L Website: www.newenglanduniform.net t w FEIN: 06-1567984 Q Areas Covered: CT ' (D �a t L 3 d r C d E Q W r C d E d v L O r- W CU J U J J C R R fC U) 00 M Fl U J J C R •L 4- R U) C d E L V R r Q Manufacturer Name: Page 11 Packet Pg. 182 Exhibit B Distributors for Body Armor RFP-AR-21 State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Informationg-. Manufacturer Name: Safariland LLC a� Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 0 Primary Contact: Merribeth Morisi 3 Q Phone: 904-451-4907 Email: merribeth.morisi@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 L Distributor/Agent ' IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: Atlantic Tactical Inc. E Address: 763 Corporate Circle Q-.3 City: New Cumberland State: PA Zip: 17070 a w Primary Contact: Tom Caruso Phone: 717-774-3339 Email: tom.caruso@atlantictactical.com E E Website: www.atlantictactical.com U L FEIN: 23-2082171 ° c Areas Covered: DE, RI,VT W 3 c� J U J J C cC L 49 M U) 00 to CD N- U J J C L d E V Q Manufacturer Name: Page 12 Packet Pg. 183 Exhibit B Distributors for Body Armor RFP-AR-21 State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Name: Safariland LLC as Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 0 Primary Contact: Shawn Welch 3 Q Phone: 813-951-1469 Email: Shawn Welch@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 L Distributor/Agent • • Q. Identify Distributor/Agents for measuring/fitting and order placement Company Name: GT Distributors E Address: 2285 Kingsley Ave Ste A2 Q-.3 City: Orange Park State: FL Zip: 32073 a w Primary Contact: Sandi White Phone: 800-775-5996 Email: sandi.white@gtdist.com E E Website: www.gtdist.com i FEIN: 20-5104876 ° c Areas Covered: FL, KS, OK W • •r/Agent(Florida) c3a J Identify Distributor/Agents for measuring/fitting and order placement Company Name: Lou's Police &Security Equipment Inc J Address: 7815 West 4th Avenue .a City: Hialeah State: FL Zip: 33014 Primary Contact: Lou Garcia Phone: 305-416-0000 Email: sales@louspolice.com U) Website: www.louspolice.com co FEIN: 26-0472002 to N Areas Covered: South FL U Distributor/Agent • •. J J Identify Distributor/Agents for measuring/fitting and order placement Company Name: Shoot Straight/SSD International Address: 1349 S. Orange Blossom Trail City: Apopka State: FL Zip: 32703 Primary Contact: Scott Patrick Phone: 407-410-6914 Email: scott@ssdinternationalinc.com E Website: www.shoot-straight.com t FEIN: 90-0758259 r Areas Covered: FL Q Manufacturer Name: Page 13 Packet Pg. 184 Exhibit B Distributors for Body Armor RFP-AR-21 State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Information!&—. Manufacturer Name: Safariland LLC a� Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 0 Primary Contact: Joe Reynolds 3 Q Phone: 904-434-9620 Email: ioe.reynolds2@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 L Distributor/Agent • IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: E Address: Q-.3 City: State: Zip: a W Primary Contact: Phone: Email: E E Website: U L FEIN: c Areas Covered: W 3 c� J U J J C cC •L U) 00 to CD N- U J J C L d E V Q Manufacturer Name: Page 14 Packet Pg. 185 Exhibit B Distributors for Body Armor RFP-AR-21 State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifyirr, Manufacturer Name: Safariland LLC as Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 0 Primary Contact: Mary Bateman 3 Q Phone: 916-371-8884 Email: mary.bateman@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 DistriL • • IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: Security Equipment Corp E Address: 1322 Young Street Q- .3 City: Honolulu State: HI Zip: 96814 w Primary Contact: Audrey Wee Phone: 808-589-0911 Email: audreysec@hawaii.rr.com E E Website: www.sechawaii.com U L FEIN: 99-2031855 ° c Areas Covered: HI w Distributor/Agent J Identify Distributor/Agents for measuring/fitting and order placement Company Name: 911 Supply, Inc J Address: 4484 River Road N. .a City: Keizer State: OR Zip: 97303 c�a Primary Contact: Richard Cummings Phone: 503.393.4911 Email: sales@911supply.com U) Website: www.911supply.com co FEIN: 47-2676543 to N Areas Covered: HI, OR, WA U Distributor/Agent(Colorado) —j Identify Distributor/Agents for measuring/fitting and order placement Company Name: Curtis Blue Line Address: 855 Riverside Parkway, Suite 50 City: West Sacramento State: CA 95605 Cn Primary Contact: Eric Ramm Phone: 530-204-1310 Email: westsac@curtisblueline.com a) E t U r r Q Manufacturer Name: Page 15 Packet Pg. 186 Exhibit B Distributors for Body Armor RFP-AR-21 State by State Website: www.curtisblueline.com FEI N: 94-1214350 Areas Covered: AZ,CO,HI, ID,MT,NV,OR,UT,WA,WY a� N �L 0 Q N N N t V L E Q w d E 0 V L O w 3 c� J U J J C cC •L U) Go to N U J J C �L d E V Q Manufacturer Name: Page 16 Packet Pg. 187 Exhibit B Distributors for Body Armor RFP-AR-21 State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Name: Safariland LLC as Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 0 Primary Contact: Tim Boyle 3 Q Phone: 425-750-7478 Email: tim.boyle@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 L Distributor/Agent • • Q. Identify Distributor/Agents for measuring/fitting and order placement Company Name: Curtis Blue Line E Address: 9364 West Franklin Rd Q- City: Boise State: ID Zip: 83709 a w Primary Contact: Tom Burtch Phone: 208-377-5418 Email: boise@curtisblueline.com E E Website: www.curtisblueline.com U L FEIN: 94-1214350 ° c Areas Covered: AZ,CO,HI, ID,MT,NV,OR,UT,WA,WY W • •r/Agent(Idaho) c3a J Identify Distributor/Agents for measuring/fitting and order placement Company Name: Proforce Law Enforcement J Address: 2625 Stearman Road, Suite A .a City: Prescott State: AZ 86301 Primary Contact: Dan Rooney Phone: 800-367-5855 Email: sales@proforceonline.com U) Website: www.proforceonline.com co FEIN: 86-1022874 to N Areas Covered: AZ, CO, ID, MT, NV, OR, UT,WA, WY U J J C L d E V Q Manufacturer Name: Page 17 Packet Pg. 188 Exhibit B Distributors for Body Armor RFP-AR-21 State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Information!&—. Manufacturer Name: Safariland LLC a� Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 Primary Contact: Darryl Kim 3 Q Phone: 260-316-7343 Email: darryl.kim@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 L Distributor/Agent • IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: E Address: Q-.3 City: State: Zip: a W Primary Contact: Phone: Email: E E Website: U L FEIN: c Areas Covered: W 3 c� J U J J C cC L U) 00 to CD N- U J J C L d E V Q Manufacturer Name: Page 18 Packet Pg. 189 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State as N �L 0 Q N N N t V L IL E Q W d E 0 V L O 4- C W 3 c� J U J J C cC •L Go w N U J J C �L Cn d E V Q Manufacturer Name: Page 19 Packet Pg. 190 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying lnformationE—. Manufacturer Name: Safariland LLC as Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 0 Primary Contact: Darryl Kim 3 Q Phone: 260-316-7343 Email: darryl.kim@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 L Distributor/Agent • IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: E Address: Q-.3 City: State: Zip: a W Primary Contact: Phone: Email: E E Website: U L FEIN: c Areas Covered: W Distributor/Agent . . c3a J Identify Distributor/Agents for measuring/fitting and order placement Company Name: J Address: City: State: Zip: Primary Contact: Phone: Email: U) Website: 00 FEIN: to N Areas Covered: U J J C L Cn d E V Q Manufacturer Name: Page 20 Packet Pg. 191 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Information!&—. Manufacturer Name: Safariland LLC a� Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 Primary Contact: Kevin Degel 3 Q Phone: 320-266-3828 Email: kevin.degel@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 L Distributor/Agent • IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: Streicher's Address: 10911 West Highway 55 Q-.3 City: Minneapolis State: MN Zip: 55441 a w Primary Contact: Rick Seitz Phone: 800-367-3763 Email: ricks@policehq.com E E Website: www.streichers.com U L FEIN: 41-1458127 ° c Areas Covered: IA, MN, ND, SD,WI w 3 c� J U J J C cC L 49 M U) 00 to CD N- U J J C L d E V Q Manufacturer Name: Page 21 Packet Pg. 192 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifyirr, Manufacturer Name: Safariland LLC as Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 0 Primary Contact: Ted Drysdale 3 Q Phone: 816-419-7624 Email: ted.drysdale@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 DistriL • • IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: Baysinger Police Supply E Address: 430 East Central Street Q- City: Wichita State: KS Zip: 67202 a w Primary Contact: Brian Carduff Phone: 316-262-5663 Email: brian@baysingers.com E E Website: www.baVsingers.com i FEIN: 48-0872998 ° c Areas Covered: KS&OK w Distributor/Agentc3a J Identify Distributor/Agents for measuring/fitting and order placement Company Name: Ed Roehr Safety Products J Address: 2710 Locust Street .a City: Saint Louis State: MO Zip: 63103 c�a Primary Contact: Duane Wall Phone: 314-533-9344 Email: kristina@edroehrsafety.com U) Website: www.edroehrsafety.com co FEIN: 43-0624955 to N Areas Covered: KS U Distributor/AgentJ J Identify Distributor/Agents for measuring/fitting and order placement Company Name: GT Distributors, Inc (TX) c�a Address: 10567 Metcalf Avenue c`c City: Overland Park State: KS Zip: 66212 y Primary Contact: Bill Smith Phone: 402-405-4456 Email: william.smith@gtdist.com E E Website: www.gtdist.com U FEIN: 74-2339528 r Q Areas Covered: FL, KS, OK Manufacturer Name: Page 22 Packet Pg. 193 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Information!&—. Manufacturer Name: Safariland LLC a� Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 Primary Contact: Darryl Kim 3 Q Phone: 260-316-7343 Email: darryl.kim@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 DistriL • • a. Identify Distributor/Agents for measuring/fitting and order placement Company Name: E Address: Q-.3 City: State: Zip: a W Primary Contact: Phone: Email: E E Website: U L FEIN: c Areas Covered: W 3 c� J U J J C cC L U) 00 to CD N- U J J C L Cn d E V Q Manufacturer Name: Page 23 Packet Pg. 194 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifyirr, Manufacturer Name: Safariland LLC as Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 0 Primary Contact: Dustin Dinnat 3 Q Phone: 904-366-7363 Email: dustin.dinnat@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 L Distributor/Agent • Q. Identify Distributor/Agents for measuring/fitting and order placement Company Name: Barney's Police Supplies Address: 218 Four Park Rd Q- City: Lafayette State: LA Zip: 70507 w Primary Contact: Phone: 337-896-3667 Email: sales@mvcopshop.com E E Website: www.barneVspolicesupplies.com U L FEIN: 72-1491003 0 c Areas Covered: LA W Distributor/Agent • c3a J Identify Distributor/Agents for measuring/fitting and order placement Company Name: Baton Rouge Police Supplies J Address: 9530 Cortana Place .� City: Baton Rouge State: LA Zip: 70815 Primary Contact: Donald Hogan 49 Phone: 225-924-4948 Email: brpolicesupplies@gmail.com M U) Website: www.batonrougepolicesupplies.com 00 to FEIN: 72-1237049 N Areas Covered: LA U J J C L d E V Q Manufacturer Name: Page 24 Packet Pg. 195 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Information!&—. Manufacturer Name: Safariland LLC a� Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 Primary Contact: Jim Berry 3 Q Phone: 603-361-1932 Email: Jim.Berrv@safariland.com w Website: www.safariland.com W N FEIN: 59-2044869 DistriL • • IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: E Address: Q-.3 City: State: Zip: a W Primary Contact: Phone: Email: E E Website: U L FEIN: c Areas Covered: W 3 c� J U J J C cC L U) 00 to CD N- U J J C L d E V Q Manufacturer Name: Page 25 Packet Pg. 196 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Name: Safariland LLC as Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 0 Primary Contact: Merribeth Morisi 3 Q Phone: 904-451-4907 Email: merribeth.morisi@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 L Distributor/Agent • IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: E Address: Q-.3 City: State: Zip: a W Primary Contact: Phone: Email: E E Website: U L FEIN: c Areas Covered: W 3 c� J U J J C cC L U) 00 to CD N U J J C L d E V Q Manufacturer Name: Page 26 Packet Pg. 197 Exhibit B Distributors for Body Armor RFP-AR-21 State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Information Manufacturer Name: Safariland LLC a� Address: 13386 International Pkwy. N •L City: Jacksonville State: FL Zip: 32218 t w Primary Contact: Jim Berry 3 Q Phone: 603-361-1932 Email: Jim.Berry@safariland.com y Website: www.safariland.com °' FEIN: 59-2044869 U DistriL • • Identify Distributor/Agents for measuring/fitting and order placement Company Name: E Address: .3 City: State: Zip: a w Primary Contact: m Phone: Email: E Website: L FEIN: 0 c Areas Covered: w Distributor/AgentCU J Identify Distributor/Agents for measuring/fitting and order placement Company Name: J Address: City: State: Zip: Primary Contact: .2 Phone: Email: M U) Website: 00 FEIN: N Areas Covered: .. U Distributor/Agent (MassachusJ J Identify Distributor/Agents for measuring/fitting and order placement Company Name: Address: 4- City: State: Zip: c) Primary Contact: c Phone: Email: °' E Website: FEIN: r Q Areas Covered: Manufacturer Name: Page 27 Packet Pg. 198 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying lnformationE—. Manufacturer Name: Safariland LLC as Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 Primary Contact: Darin Fulks 3 Q Phone: 614-209-9324 Email: darin.fulks@safariland.com w Website: www.safariland.com W N FEIN: 59-2044869 DistriL • • IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: E Address: Q-.3 City: State: Zip: a W Primary Contact: Phone: Email: E E Website: U L FEIN: c Areas Covered: W Distributor/Agent(Michigan) Identify Distributor/Agents for measuring/fitting and order placement Company Name: J Address: City: State: Zip: Primary Contact: 9 Phone: Email: `° U) Website: 00 FEIN: to N Areas Covered: U J J C L Cn d E V Q Manufacturer Name: Page 28 Packet Pg. 199 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Information!&—. Manufacturer Name: Safariland LLC a� Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 Primary Contact: Kevin Degel 3 Q Phone: 320-266-3828 Email: kevin.degel@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 L Distributor/Agent • IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: Streicher's Address: 10911 West Highway 55 Q-.3 City: Minneapolis State: MN Zip: 55441 a w Primary Contact: Rick Seitz Phone: 800-367-3763 Email: ricks@policehq.com E E Website: www.streichers.com U L FEIN: 41-1458127 ° c Areas Covered: IA, MN, ND, SD,WI w 3 c� J U J J C cC L 49 M U) 00 to CD N- U J J C L d E V Q Manufacturer Name: Page 29 Packet Pg. 200 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Information!&—. Manufacturer Name: Safariland LLC as Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 0 Primary Contact: Dustin Dinnat 3 Q Phone: 904-366-7363 Email: dustin.dinnat@safariland.com w Website: www.safariland.com W N FEIN: 59-2044869 L Distributor/Agent .• IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: E Address: Q-.3 City: State: Zip: a W Primary Contact: Phone: Email: E E Website: U L FEIN: c Areas Covered: W 3 Distributor/Agent .. ca J Identify Distributor/Agents for measuring/fitting and order placement U Company Name: J Address: City: State: Zip: c�a Primary Contact: Phone: Email: Website: 00 to FEIN: N Areas Covered: U J J C L Cn d E V Q Manufacturer Name: Page 30 Packet Pg. 201 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Information!&—. Manufacturer Name: Safariland LLC a� Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 Primary Contact: Ted Drysdale 3 Q Phone: 816-419-7624 Email: ted.drysdale@safariland.com w Website: www.safariland.com W N FEIN: 59-2044869 L Distributor/Agent • IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: E Address: Q-.3 City: State: Zip: a W Primary Contact: Phone: Email: E E Website: U L FEIN: c Areas Covered: W 3 c� J U J J C cC L U) 00 to CD N- U J J C L d E V Q Manufacturer Name: Page 31 Packet Pg. 202 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifyirr, Manufacturer Name: Safariland LLC as Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 0 Primary Contact: Tim Boyle 3 Q Phone: 425-750-7478 Email: tim.boyle@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 L Distributor/Agent • IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: Balco Uniform Company Inc E Address: 200 North Star Lane Q- City: Bozeman State: MT Zip: 59718 a W Primary Contact: Jake Liudahl Phone: 406-624-0010 Email: sales@balcouniform.com E E Website: www.balcouniform.com U L FEIN: 45-0417295 ° c Areas Covered: MT, ND, SD W 3 Distributor/Agent . ca J Identify Distributor/Agents for measuring/fitting and order placement U Company Name: Curtis Blue Line J Address: 1635 Gramercy Road -a City: Salt Lake City State: UT Zip: 84101 c�a Primary Contact: Chealsey Breazeal Phone: 801-349-1150 Email: saltlake@curtisblueline.com Website: www.curtisblueline.com co FEIN: 94-1214350 to Areas Covered: AZ,CO,HI, ID,MT,NV,OR,UT,WA,WY V J J C L Cn d E V Q Manufacturer Name: Page 32 Packet Pg. 203 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Distributor/Agent (Montana) Identify Distributor/Agents for measuring/fitting and order placement Company Name: Proforce Law Enforcement Address: 3009 North Highway 89 City: Prescott State: AZ 86301 Primary Contact: Dan Rooney Phone: 800-367-5855 Email: sales@proforceonline.com a� Website: www.proforceonline.com N �L FEIN: 86-1022874 t Areas Covered: AZ, CO, ID, MT, NV, OR, UT,WA, WY 3 Q N N N t V L Q. E Q W d E 0 V L 0 W 3 c� J U J J C cC �L 49 M U) Go to N U J J C �L d E V Q Manufacturer Name: Page 33 Packet Pg. 204 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Informationg-. Manufacturer Name: Safariland LLC as Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 0 Primary Contact: Sean McIntosh 3 Q Phone: 913-304-4918 Email: sean.mcintosh@safariland.com w Website: www.safariland.com W N FEIN: 59-2044869 L Distributor/Agent -• IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: E Address: Q-.3 City: State: Zip: a W Primary Contact: Phone: Email: E E Website: U L FEIN: c Areas Covered: W 3 Distributor/Agent -. ca J Identify Distributor/Agents for measuring/fitting and order placement U Company Name: J Address: City: State: Zip: c�a Primary Contact: Phone: Email: Website: 00 to FEIN: N Areas Covered: U J J C L Cn d E V Q Manufacturer Name: Page 34 Packet Pg. 205 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Information!&—. Manufacturer Name: Safariland LLC a� Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 0 Primary Contact: Mary Bateman 3 Q Phone: 916-371-8884 Email: mary.bateman@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 L Distributor/Agent • IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: Adamson Police Products E Address: 10764 Noel Street Q- City: Los Alamitos State: CA Zip: 90720 a w Primary Contact: Josh Nielson Phone: 800-824-0162 Email: inielsen@policeproducts.com E E Website: www.policeproducts.com i FEIN: 94-2696822 ° c Areas Covered: CO, NV, WY W 3 c� J U J J C cC L U) 00 to CD N- U J J C L d E V Q Manufacturer Name: Page 35 Packet Pg. 206 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Distributor/Agent .•. Identifyorder placement Name: BC Tactical Solutions Address: 6248 Lauren Ashton Ave City: Las Vegas State: NV Zip: 89131 Primary Contact: Paul DaPra Phone: 702-769-8372 Email: bctacticalsolutions@cox.net a� Website: N •L FEIN: 47-4198109 0 w Areas Covered: NV 3 Q Distributor/Agent .•.Identify Distributor/Agents for measuring/fitting and order placement Company Name: Curtis Blue Line Address: 185 Lennon Lane, Suite 110 a City: Walnut Creek State: CA Zip: 94598 Primary Contact: Kevin Krause E Phone: 209-879-3110 Email: kkrause@curtisblueline.com Website: www.curtisblueline.com a w FEIN: 94-1214350 m Areas Covered: AZ,CO,HI, ID,MT,NV,OR,UT,WA,WY E a� Distributor/Agent .•. L 0 Identify Distributor/Agents for measuring/fitting and order placement r- Company Name: Jose &Associates DBA Miller's Jackets & Uniforms w 3 Address: 950 Glendale Avenue CU J City: Sparks State: NV Zip: 89431 V Primary Contact: Pat Lang J Phone: 775-331-8252 Email: millerslackets@sbcglobal.net c Website: www.millersaackets.com FEIN: 88-0241606 42 Areas Covered: NV cn IdentifyDistributor/Agent (Nevada) 00 • • A• for and order placementN Company Name: Proforce Law Enforcement U Address: 2625 Stearman Road, Suite A J J City: Prescott State: AZ 86301 c Primary Contact: Dan Rooney Phone: 800-367-5855 Email: Sales@proforceonline.com 4- Website: www.proforceonline.com cn FEIN: 86-1022874 m Areas Covered: AZ, CO, ID, MT, NV, OR, UT, WA, WY E t 0 r r Q Manufacturer Name: Page 36 Packet Pg. 207 Exhibit B Distributors for Body Armor RFP-AR-21 State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Information!&—. Manufacturer Name: Safariland LLC a� Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 Primary Contact: Jim Berry 3 Q Phone: 603-361-1932 Email: Jim.Berrv@safariland.com w Website: www.safariland.com W N FEIN: 59-2044869 L Distributor/Agent Hampshire) IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: E Address: Q-.3 City: State: Zip: a W Primary Contact: Phone: Email: E E Website: U L FEIN: c Areas Covered: W 3 c� J U J J C cC L U) 00 to CD N- U J J C L d E V Q Manufacturer Name: Page 37 Packet Pg. 208 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Information!&—. Manufacturer Name: Safariland LLC as Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 0 Primary Contact: Dominick Provisiero 3 Q Phone: 631-520-1060 Email: Dominick.Provisiero@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 DistriL • • IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: E Address: Q-.3 City: State: Zip: a W Primary Contact: Phone: Email: E E Website: U L FEIN: c Areas Covered: W 3 Distributor/Agentca J Identify Distributor/Agents for measuring/fitting and order placement U Company Name: J Address: City: State: Zip: c�a Primary Contact: Phone: Email: Website: 00 to FEIN: N Areas Covered: U J J C L Cn d E V Q Manufacturer Name: Page 38 Packet Pg. 209 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Information!&—. Manufacturer Name: Safariland LLC a� Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 Primary Contact: Chris Parra 3 Q Phone: 909-618-6783 Email: Chris.Parra@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 L Distributor/Agent Mexico) IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: Kaufmans West E Address: 1660 Eubank NE Q- City: Albuquerque State: NM Zip: 87112 a w Primary Contact: Nathan Korn Phone: 505-293-2300 Email: nkorn@kaufmanswest.com E E Website: www.kaufmanswest.com U L FEIN: 85-0284482 ° c Areas Covered: NM w 3 c� J U J J C cC L 49 M U) 00 to CD N- U J J C L d E V Q Manufacturer Name: Page 39 Packet Pg. 210 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Information Manufacturer Name: Safariland LLC a� Address: 13386 International Pkwy. N •L City: Jacksonville State: FL Zip: 32218 t w Primary Contact: Philip Baker 3 Q Phone: 540-383-8365 Email: philip.baker@safariland.com y Website: www.safariland.com °' FEIN: 59-2044869 U L Distributor/Agent York) Identify Distributor/Agents for measuring/fitting and order placement Company Name: E Address: .3 City: State: Zip: a w Primary Contact: m Phone: Email: E Website: L FEIN: 0 c Areas Covered: w 3 Distributor/Agent . CU J Identify Distributor/Agents for measuring/fitting and order placement U Company Name: J Address: City: State: Zip: Primary Contact: 42 Phone: Email: Ua Website: 00 FEIN: N Areas Covered: U Distributor/Agent • J Identify Distributor/Agents for measuring/fitting and order placement Company Name: Address: 4- City: State: Zip: y Primary Contact: Phone: Email: E E Website: FEIN: r Q Areas Covered: Manufacturer Name: Page 40 Packet Pg. 211 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Information!&—. Manufacturer Name: Safariland LLC a� Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 Primary Contact: Travis Cronk 3 Q Phone: 904-923-2872 Email: travis.cronk@safariland.com w Website: www.safariland.com W N FEIN: 59-2044869 L Distributor/Agent (North • IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: Lawmen's Safety Supply, Inc Address: 3319 Anvil Place Q- City: Raleigh State: NC Zip: 27603 a W Primary Contact: Ashley Pomerville Phone: 919-779-6141 Email: ashley.pomerville@lawmens.com E E Website: www.lawmens.com U L FEIN: 47-5281115 ° c Areas Covered: NC W 3 c� J U J J C cC L U) 00 to CD N- U J J C L d E V Q Manufacturer Name: Page 41 Packet Pg. 212 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifyirr, Manufacturer Name: Safariland LLC as Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 0 Primary Contact: Kevin Degel 3 Q Phone: 320-266-3828 Email: kevin.degel@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 L Distributor/Agent(North • IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: Balco Uniform Company Inc E Address: 200 North Star Lane Q- City: Bozeman State: MT Zip: 59718 a w Primary Contact: Jake Liudahl Phone: 406-624-0010 Email: sales@balcouniform.com E E Website: www.balcouniform.com U L FEIN: 45-0417295 ° c Areas Covered: MT,ND W 3 Distributor/Agent . Dakota) ca J Identify Distributor/Agents for measuring/fitting and order placement Company Name: Streicher's J Address: 10911 West Highway 55 -a City: Minneapolis State: MN Zip: 55441 c�a Primary Contact: Rick Seitz Phone: 800-367-3763 Email: ricks@policehq.com Website: www.streichers.com co to FEIN: 41-1458127 N Areas Covered: IA, MN, ND, SD,WI .. U J J C L d E V Q Manufacturer Name: Page 42 Packet Pg. 213 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifyirr, Manufacturer Name: Safariland LLC as Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 0 Primary Contact: Darin Fulks 3 Q Phone: 614-209-9324 Email: darin.fulks@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 L Distributor/Agent • • IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: E Address: Q-.3 City: State: Zip: a W Primary Contact: Phone: Email: E E Website: U L FEIN: c Areas Covered: W 3 Distributor/Agent • . ca J Identify Distributor/Agents for measuring/fitting and order placement U Company Name: J Address: City: State: Zip: c�a Primary Contact: Phone: Email: Website: 00 to FEIN: N Areas Covered: U Distributor/Agent • • J J Identify Distributor/Agents for measuring/fitting and order placement Company Name: c�a Address: c`c City: State: Zip: y Primary Contact: Phone: Email: E E Website: U FEIN: r Q Areas Covered: Manufacturer Name: Page 43 Packet Pg. 214 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State • • Identifyorder placement Name: Address: City: State: Zip: Primary Contact: Phone: Email: a� Website: N 'L FEIN: t w Areas Covered: 3 Q Distributor/Agent • • y Identify Distributor/Agents for measuring/fitting and order placement N Company Name: L Address: 3 (L City: State: Zip: Primary Contact: m E Phone: Email: .3 Website: a w FEIN: m Areas Covered: a� L O r- w CU J U J J C R R fC U) 00 M N U J J C R 'L 4- R U) C d E L V R r Q Manufacturer Name: Page 44 Packet Pg. 215 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Name: Safariland LLC as Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 0 Primary Contact: Ted Drysdale 3 Q Phone: 816-419-7624 Email: ted.drysdale@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 L Distributor/Agent • • IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: Special Ops Uniforms, Inc E Address: 505 N Portland Ave Q- City: Oklahoma City State: OK Zip: 73107 a w Primary Contact: Jim McDonald Phone: 405-946-3504 Email: macatl@citcom.net E E Website: U L FEIN: 04-3759341 ° c Areas Covered: OK W 3 Distributor/Agent • . ca J Identify Distributor/Agents for measuring/fitting and order placement Company Name: GT Distributors, Inc(TX) J Address: PO Box 16080 -a City: Austin State: TX Zip: 78761 c�a Primary Contact: Robert Arbuckle Phone: 318-470-1130 Email: robert.arbuckle@gtdist.com Website: www.gtdist.com co to FEIN: 74-2339528 N Areas Covered: FL, OK .. U Distributor/Agent • • J J Identify Distributor/Agents for measuring/fitting and order placement Company Name: Baysinger Police Supply c�a Address: 430 East Central Street c`c City: Wichita State: KS Zip: 67202 y Primary Contact: Brian Carduff Phone: 316-262-5663 Email: brian@baysingers.com E E Website: www.baVsingers.com U FEIN: 48-0872998 Q Areas Covered: KS, OK Manufacturer Name: Page 45 Packet Pg. 216 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifyirr, Manufacturer Name: Safariland LLC as Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 0 Primary Contact: Tim Boyle 3 Q Phone: 425-750-7478 Email: tim.boyle@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 L Distributor/Agent •• IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: 911 Supply Inc. E Address: 4484 River Road N Q- City: Keizer State: OR Zip: 97303 a w Primary Contact: Richard Cummings Phone: (503) 393-4911 Email: sales@911supply.com E Website: www.911supply.com i FEIN: 47-2676543 ° c Areas Covered: HI, OR &WA W 3 Distributor/Agent -•. ca J Identify Distributor/Agents for measuring/fitting and order placement Company Name: Curtis Blue Line J Address: 11570 SW Tiedeman Avenue -a City: Tigard State: OR Zip: 97223 c�a Primary Contact: Riki McLenithan Phone: 503-656-0353 Email: tgard@curtisblueline.com Website: www.curtisblueline.com co to FEIN: 94-1214350 N Areas Covered: AZ,CO,HI, ID,MT,NV,OR,UT,WA,WY V Distributor/Agent -•• J Identify Distributor/Agents for measuring/fitting and order placement Company Name: Proforce Law Enforcement c�a Address: 3009 North Highway 89 City: Prescott State: AZ 86301 Cl) Primary Contact: Dan Rooney Phone: 800-367-5855 Email: sales@proforceonline.com E E Website: www.proforceonline.com U FEIN: 86-1022874 Q Areas Covered: AZ, CO, ID, MT, NV, OR, UT,WA, WY Manufacturer Name: Page 46 Packet Pg. 217 Exhibit B Distributors for Body Armor RFP-AR-21 State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Information Manufacturer Name: Safariland LLC a� Address: 13386 International Pkwy. N •L City: Jacksonville State: FL Zip: 32218 t w Primary Contact: Philip Baker 3 Q Phone: 540-383-8365 Email: philip.baker@safariland.com y Website: www.safariland.com °' FEIN: 59-2044869 U L Distributor/Agent •- Identify Distributor/Agents for measuring/fitting and order placement Company Name: E Address: .3 City: State: Zip: a w Primary Contact: m Phone: Email: E Website: L FEIN: 0 c Areas Covered: w 3 Distributor/Agent •- CU J Identify Distributor/Agents for measuring/fitting and order placement U Company Name: J Address: City: State: Zip: Primary Contact: 42 Phone: Email: Ua Website: 00 FEIN: N Areas Covered: U Distributor/Agent •- J Identify Distributor/Agents for measuring/fitting and order placement Company Name: Address: 4- City: State: Zip: y Primary Contact: Phone: Email: E E Website: FEIN: r Q Areas Covered: Manufacturer Name: Page 47 Packet Pg. 218 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Distributor/Agent (Pennsylvania) Identify order placement Name: Address: City: State: Zip: Primary Contact: Phone: Email: a� Website: N •L FEIN: t w Areas Covered: Distri 3 Q • •Identify Distributor/Agents for measuring/fitting and order placement �a Company Name: L Address: 3 (L City: State: Zip: Primary Contact: m E Phone: Email: .3 Website: a w FEIN: m Areas Covered: a� L O r- w CU J U J J C R R fC U) CO M N U J J C R •L 4- R U) C d E L V R r Q Manufacturer Name: Page 48 Packet Pg. 219 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Information!&—. Manufacturer Name: Safariland LLC a� Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 0 Primary Contact: Shawn Welch 3 Q Phone: 813-951-1469 Email: shawn.welch@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 L Distributor/Agent (PuertoRico) a. Identify Distributor/Agents for measuring/fitting and order placement Company Name: E Address: Q-.3 City: State: Zip: a w Primary Contact: Phone: Email: E E Website: U L FEIN: c Areas Covered: w 3 c� J U J J C cC L U) 00 to CD N- U J J C L d E V Q Manufacturer Name: Page 49 Packet Pg. 220 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Information!&—. Manufacturer Name: Safariland LLC a� Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 Primary Contact: Jim Berry 3 Q Phone: 603-361-1932 Email: Jim.Berrv@safariland.com w Website: www.safariland.com W N FEIN: 59-2044869 L Distributor/Agent Island) IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: Atlantic Tactical E Address: 772 Corporate Circle Q-.3 City: New Cumberland State: PA Zip: 17070 a W Primary Contact: Tom Caruso Phone: 978-505-4714 Email: customerservice@atlantictactical.com E E Website: www.atlantictactical.com U L FEIN: 23-2082171 ° c Areas Covered: DE, RI,VT W 3 c� J U J J C cC L 49 M U) 00 to CD N- U J J C L d E V Q Manufacturer Name: Page 50 Packet Pg. 221 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Information!&—. Manufacturer Name: Safariland LLC a� Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 Primary Contact: Travis Cronk 3 Q Phone: 904-923-2872 Email: travis.cronk@safariland.com w Website: www.safariland.com W N FEIN: 59-2044869 L Distributor/Agent (South • IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: E Address: Q-.3 City: State: Zip: a W Primary Contact: Phone: Email: E E Website: U L FEIN: c Areas Covered: W 3 c� J U J J C cC L U) 00 to CD N- U J J C L d E V Q Manufacturer Name: Page 51 Packet Pg. 222 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Information!&—. Manufacturer Name: Safariland LLC a� Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 Primary Contact: Kevin Degel 3 Q Phone: 320-266-3828 Email: Kevin.Degel@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 L Distributor/Agent(South • IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: Streicher's Address: 10911 West Highway 55 Q-.3 City: Minneapolis State: MN Zip: 55441 a w Primary Contact: Rick Seitz Phone: 800-367-3763 Email: ricks@policehq.com E E Website: www.streichers.com U L FEIN: 41-1924626 ° c Areas Covered: IA, MN, ND, SD,WI w 3 c� J U J J C cC L 49 M U) 00 to CD N- U J J C L d E V Q Manufacturer Name: Page 52 Packet Pg. 223 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Information!&—. Manufacturer Name: Safariland LLC as Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 0 Primary Contact: Joe Reynolds 3 Q Phone: 904-434-9620 Email: ioe.reynolds2@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 DistriL • • a. Identify Distributor/Agents for measuring/fitting and order placement Company Name: E Address: Q-.3 City: State: Zip: a W Primary Contact: Phone: Email: E E Website: U L FEIN: c Areas Covered: W 3 Distributor/Agentca J Identify Distributor/Agents for measuring/fitting and order placement U Company Name: J Address: City: State: Zip: c�a Primary Contact: Phone: Email: Website: 00 to FEIN: N Areas Covered: U J J C L Cn d E V Q Manufacturer Name: Page 53 Packet Pg. 224 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Informationg-. Manufacturer Name: Safariland LLC as Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 0 Primary Contact: Brandon Chaffins 3 Q Phone: 904-304-8784 Email: Brandon.Chaffins@safariland.com w Website: www.safariland.com W N FEIN: 59-2044869 DistriL • • IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: E Address: Q-.3 City: State: Zip: a W Primary Contact: Phone: Email: E E Website: U L FEIN: c Areas Covered: W Distributor/Agent (Texas) ca J Identify Distributor/Agents for measuring/fitting and order placement U Company Name: J Address: City: State: Zip: c�a Primary Contact: Phone: Email: Website: 00 to FEIN: N Areas Covered: U J J C L Cn d E V Q Manufacturer Name: Page 54 Packet Pg. 225 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Name: Safariland LLC as Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 0 Primary Contact: Tim Boyle 3 Q Phone: 425-750-7478 Email: Tim.Bovle@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 DistriL • • Q. Identify Distributor/Agents for measuring/fitting and order placement Company Name: Curtis Blue Line E Address: 1635 Gramercy Road Q-.3 City: Salt Lake City State: UT Zip: 84104 a w Primary Contact: Chealsey Breazeal Phone: 801-349-1150 Email: saltlake@curtisblueline.com E E Website: www.curtisblueline.com U L FEIN: 94-1214350 ° c Areas Covered: AZ,CO,HI, ID,MT,NV,OR,UT,WA,WY W Distributor/Agent (Utah) ca J Identify Distributor/Agents for measuring/fitting and order placement Company Name: Proforce Law Enforcement J Address: 3009 North Highway 89 -a City: Prescott State: AZ 86301 c�a Primary Contact: Dan Rooney Phone: 800-367-5855 Email: sales@proforceonline.com Website: proforceonline.com co to FEIN: 86-1022874 N Areas Covered: AZ, CO, ID, MT, NV, OR, UT,WA, WY .. U J J C L d E V Q Manufacturer Name: Page 55 Packet Pg. 226 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Information!&—. Manufacturer Name: Safariland LLC a� Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 Primary Contact: Jim Berry 3 Q Phone: 603-361-1932 Email: Jim.Berrv@safariland.com w Website: www.safariland.com W N FEIN: 59-2044869 L Distributor/Agent • IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: Atlantic Tactical Inc. E Address: 772 Corporate Circle Q-.3 City: New Cumberland State: PA Zip: 17070 a w Primary Contact: Tom Caruso Phone: 717-774-3339 Email: customerservice@atlantictactical.com E E Website: www.atlantictactical.com U L FEIN: 23-2082171 ° c Areas Covered: DE, RI,VT W 3 c� J U J J C cC L 49 M U) 00 to CD N- U J J C L d E V Q Manufacturer Name: Page 56 Packet Pg. 227 Exhibit B Distributors for Body Armor RFP-AR-21 State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Informationg-. Manufacturer Name: Safariland LLC as Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 0 Primary Contact: Merribeth Morisi 3 Q Phone: 904-451-4907 Email: merribeth.morisi@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 DistriL • • IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: E Address: Q-.3 City: State: Zip: a W Primary Contact: Phone: Email: E E Website: U L FEIN: c Areas Covered: W 3 Distributor/Agentca J Identify Distributor/Agents for measuring/fitting and order placement U Company Name: J Address: City: State: Zip: c�a Primary Contact: Phone: Email: Website: 00 to FEIN: N Areas Covered: U J J C L Cn d E V Q Manufacturer Name: Page 57 Packet Pg. 228 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifyirr, Manufacturer Name: Safariland LLC as Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 0 Primary Contact: Tim Boyle 3 Q Phone: 425-750-7478 Email: tim.boyle@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 L Distributor/Agent • Q. Identify Distributor/Agents for measuring/fitting and order placement Company Name: Curtis Blue Line E Address: 6507 S 208th Street Q- City: Kent State: WA Zip: 98032 a W Primary Contact: Richard Amble Phone: 253-566-2686 Email: kent@curtisblueline.com E E Website: www.curtisblueline.com U L FEIN: 94-1214350 ° c Areas Covered: AZ,CO,HI, ID,MT,NV,OR,UT,WA,WY W 3 Distributor/Agent . ca J Identify Distributor/Agents for measuring/fitting and order placement U Company Name: Kroesen's Uniforms Company J Address: 2922 6th Ave South -a City: Seattle State: WA Zip: 98134 c�a Primary Contact: Chris Copeland Phone: 206-622-3853 Email: sales@kroesens.com Website: www.kroesens.com co FEIN: 45-2586144 to Areas Covered: WA .. U Distributor/Agent • J J Identify Distributor/Agents for measuring/fitting and order placement Company Name: Proforce Law Enforcement Address: 3009 North Highway 89 City: Prescott State: AZ 86301 Cl) Primary Contact: Dan Rooney Phone: 800-367-5855 Email: sales@proforceonline.com E E Website: proforceonline.com U FEIN: 86-1022874 Q Areas Covered: AZ, CO, ID, MT, NV, OR, UT,WA, WY Manufacturer Name: Page 58 Packet Pg. 229 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State IdentifyDistributor/Agent(Washington) order placement Name: 911 Supply Address: 136 SW 152nd St City: Burien State: WA Zip: 98166 Primary Contact: Richard Cummings Phone: 206-402-5912 Email: rchard@911supply.com a� Website: www.911supplyllc.com N 'L FEIN: 47-2676543 t w Areas Covered: HI, OR &WA 3 Q (D �a t L 3 d r C d E Q W r C d d v L O r- W CU J U J J C R R fC U) 00 M F4 U J J C R 'L 4- R U) C d E L V R r Q Manufacturer Name: Page 59 Packet Pg. 230 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Information!&—. Manufacturer Name: Safariland LLC a� Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 Primary Contact: Philip Baker 3 Q Phone: 540-383-8365 Email: philip.baker@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 L Distributor/Agent (Washington IL Identify Distributor/Agents for measuring/fitting and order placement Company Name: E Address: Q-.3 City: State: Zip: a w Primary Contact: Phone: Email: E E Website: U L FEIN: c Areas Covered: w 3 c� J U J J C cC L U) 00 to CD N- U J J C L d E V Q Manufacturer Name: Page 60 Packet Pg. 231 Exhibit B Distributors for Body Armor RFP-AR-21 State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Name: Safariland LLC N L Address: 13386 International Pkwy. 0 City: Jacksonville State: FL Zip: 32218 3 Q Primary Contact: Philip Baker N Phone: 540-383-8365 Email: philip.baker@safariland.com N Website: www.safariland.com FEIN: 59-2044869 IL Distributor/Agent(West VirIdentify Distributor/Agents for measuring/fitting and order placement C Company Name: Q-.3 Address: a w City: State: Zip: Primary Contact: E Phone: Email: U L Website: ° c FEIN: W Areas Covered: c3a J Distributor/Agent Identify • • A• for and order • J J Company Name: .a Address: City: State: Zip: Primary Contact: Phone: Email: co to Website: N FEIN: U Areas Covered: J c L Cn d E V Q Manufacturer Name: Page 61 Packet Pg. 232 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Identifying Information!&—. Manufacturer Name: Safariland LLC a� Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 Primary Contact: Kevin Degel 3 Q Phone: 320-266-3828 Email: kevin.degel@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 L Distributor/Agent • a. Identify Distributor/Agents for measuring/fitting and order placement Company Name: Streicher's Address: 4777 N. 124th Street Q- City: Butler State: WI Zip: 53007 a w Primary Contact: Rick Seitz Phone: 800-541-4164 Email: ricks@policehq.com E E Website: www.streichers.com U L FEIN: 41-1458127 ° c Areas Covered: IA, MN, ND, SD,WI w 3 c� J U J J C cC L 49 M U) 00 to CD N- U J J C L d E V Q Manufacturer Name: Page 62 Packet Pg. 233 Exhibit B Distributors for Body Armor RFP-AR-21 8•D.a State by State Offeror must provide a list of all Agents/Distributors located in each state they are submitting a bid for Offeror must identify the areas covered by each Distributor by city or county. Offeror may modify the document to add additional distributors if needed. Offeror must identify each page with their company name. Manufacturer Name: Safariland LLC as Address: 13386 International Pkwy. N L City: Jacksonville State: FL Zip: 32218 0 Primary Contact: Tim Boyle 3 Q Phone: 425-750-7478 Email: tim.boyle@safariland.com w Website: www.safariland.com N FEIN: 59-2044869 L Distributor/Agent • Q. Identify Distributor/Agents for measuring/fitting and order placement Company Name: Adamson Police Products E Address: 3763 Imperial St#A Q-.3 City: Fredrick State: CO Zip: 80516 a w Primary Contact: John Rogers Phone: 877-833-4699 Email: irogers@policeproducts.com E E Website: www.policeproducts.com i FEIN: 94-2696822 ° c Areas Covered: CO, NV,WY W 3 Distributor/Agent .Identify Distributor/Agents for measuring/fitting and order placement ca J Company Name: Curtis Blue Line J Address: 1635 Gramercy Road -a City: Salt Lake City State: UT Zip: 84104 c�a Primary Contact: Chealsey Breazeal Phone: 801-349-1150 Email: saltlake@curtisblueline.com Website: www.curtisblueline.com co to FEIN: 94-1214350 N Areas Covered: AZ,CO,HI, ID,MT,NV,OR,UT,WA,WY V • J Identify Distributor/Agents for measuring/fitting and order placement Company Name: Proforce Law Enforcement c�a Address: 3009 North Highway 89 City: Prescott State: AZ 86301 y Primary Contact: Dan Rooney Phone: 800-367-5855 Email: sales@proforceonline.com E E Website: www.proforceonline.com U FEIN: 86-1022874 Q Areas Covered: AZ, CO, ID, MT, NV, OR, UT,WA, WY Manufacturer Name: Page 63 Packet Pg. 234 8.D.a Exhibit C Warranty and Recycling Recycling A. L� O t 116 Wooten Street • Statesville NC 28677 • Ph 704-978-1099 ' Q Davy Textiles LLC. dba. Davy Textiles Inc. works together with The Safariland Group to assist you with the safe and secure disposal of your body armor. We strive to obtain the maximum recycle rate on material received; however, there are some items that are deemed unusable after the destruction process.These materials are disposed of according to state and federal regulations. No item will leave a r our facility in a shape or form where it may be used for its original purpose. a Davy Textiles provides this service to you free of charge. w It is responsibility of the agency using our services to deliver these materials securely to our facility.We suggest that panels are boxed and palletized when necessary,with no external markings or paperwork E identifying the contents. Pallets should be numbered appropriately. 1 of 4 2 of 4 etc.) Boxes weighing m Y g ( ° less than 150 lbs. can be shipped FedEx ground. Pictures should be taken to ensure there is no damage � or tampering while in transport. W 3 c� J Our facilities address and contact information follows. Our business hours are M-F 8:00-5:00 EST. Davy v Textiles Inc., 116 Wooten Street, Statesville NC 28677 0: 704.978.1099 or 704.799.1584 c c� C: 704.651.8684 support@davytextiles.com v U) 00 to All armor received for destruction will follow a strict chain of custody in our secure video monitored N warehouse facility. It is important that you provide us with an accurate vest panel count to ensure a U U correct Certificate of Destruction is issued. For example, most concealable vests will have 2 panels or J J inserts, a front and back panel. Please note any exceptions in your count and report the total number c of panels shipped. Email your panel count and supporting documentation (a copy of the bill of lading, L packing list, disposal request form) to support@davytextiles.com. Make sure you include the agency Cn name as you want it shown on the Certificate of Destruction. We will notify you upon arrival of your used or expired vests and again after completed destruction. E For agencies with limited shipping options you may choose to contact Travis Weedon at U FreightQuote.com. Davy Textiles Inc. has no affiliation with FreightQuote.com other than our use of a their services which we find helpful. Freightquote.com is a freight brokerage system that achieves low rates based on their volume of shipments. Travis.Weedon@freightguote.com Office: (816) 949-6203 Packet Pg. 235 8.D.a Exhibit C Warranty and Recycling Warranty Safariland offers a five(5)year warranty from the date of delivery and acceptance of its ballistic panel(s) portion of the body armor system(s). Safariland warrants that its ballistic panels shall be free from defects and faulty workmanship and will perform in accordance with used vest testing protocols. Additionally, Safariland will provide immediate notification to the NASPO/ ValuePoint Contract Administrator of any recall notices, warranty replacements, or safety notices. N L 0 Additionally, Safariland offers an eighteen (18) month warranty from the date of delivery and acceptance of its outer shell carrier portion(s)of the body armor system(s).Safariland warrants that its Q outer carrier shell shall be free from defects and faulty workmanship. N Any specific product information (certification letters, product warranties, ISO certs, etc.) can be i provided upon request. a r c m E a .3 a W r c m E m U L O W 3 c� J U J J C cC L 49 M Go W N U J J C L Cn d E M V Q Packet Pg. 236 DocuSign Envelope ID:3413EFBE-BF36-4176-9377-E66574F8FDF0 8.D.a EXHIBIT E, CONTRACTOR ATTESTATION Individual signing for Contractor hereby swears and affirms that they are authorized to act on Contractor's behalf and acknowledge that the Lead State is relying on their representations to that effect. Contractor N DocuSigned by: By: mulc ) +�+ c2s666sc39A14 ignature Q Date: 11/19/2020 rn z For each helmet and shield listed in Exhibit A. a Safariland,LLC attests that the TSI 1 Level 111A ballistic-resistant shield(listed in Exhibit A m Product and Price Lists)is in compliance with NIJ Standard 0108.01 when tested with the NIJ E ballistic test threats from NIJ Standard 0108.01,Type III-A, and that the products being sold w r under this contract are the same ballistic material and design as the test samples evaluated in the E provided test report: Record No. SAF12005 Tested 12/13/2017 L W Safariland,LLC attests that the Delta 4 ballistic-resistant helmet(listed in Exhibit A Product 3 M and Price Lists)is in compliance with NUStandard 0106.01 when tested with the NUballistic J c� test threats from NIJ Standard 0101.06,Level 111A, and that the products being sold under this J contract are the same ballistic material and design as the test samples evaluated in the provided test report: Record No: SAF19005-1 Tested 03/07/2019 JT c� 00 W w N U J J C 'L M Cn d E V a Page 30 Body Armor and Ballistic Resistant Products Master Agreement Packet Pg. 237 8.E 40 KENT W n. V 3 I G N DATE: January 18, 2022 TO: Kent City Council SUBJECT: Lunar Lander/Mission Control Contract for Kherson Park - Authorize MOTION: I move to authorize the mayor to sign a Goods & Services Agreement with Northwest Playground Equipment, in the amount of $300,947.34, for interactive replicas of a Lunar Lander module and Mission Control console, to be installed during the Kherson Park Renovation project, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: The purchase of these interactive replicas of NASA Apollo program components is part of a coordinated effort between Parks, Recreation and Community Services (PRCS) and Economic and Community Development (ECD) to promote and celebrate the City's legacy of aero and outer space innovation by memorializing Kent's role in aerospace history. These replicas will be part of the Kherson Park Renovation project, located at 307 West Gowe Street, in the heart of downtown Kent. Interactive replicas of a life-sized Astronaut and Lunar Roving Vehicle (LRV) were purchased by the City in 2017 and 2019 respectively, for this project. The final design phase of Kherson Park Renovation is currently underway, with construction projected to begin June 2022. Like the Astronaut and LRV, the Lunar Lander and Mission Control replicas are being purchased from Northwest Playground Equipment, Inc. as a local representative of CreBplay. Cre8Play is a custom park and play environment fabricator who specializes in innovative and unique concepts for play elements. Because of the custom nature of this work, PRCS recommends that Cre8Play be the selected vendor to build the Lunar Lander and Mission Control replicas, which the City will purchase through Northwest Playground Equipment. For these reasons, the Mayor authorized PRCS to negotiate directly with Northwest Playground Equipment, Inc. and waived the need for advertised bids under KCC 3. 70.110.A.3. BUDGET IMPACT: Revenue and/or Expense impact to the Downtown Placemaking - Lunar Rover budget Packet Pg. 238 8.E SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Goods & Services Agreement (PDF) 2. Procurement Waiver Memo (PDF) 01/06/22 Parks and Human Services Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 1/18/2022 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Zandria Michaud, Satwinder Kaur, Toni Troutner Packet Pg. 239 8.E.a 4000, KENT WAs H1—To. GOODS & SERVICES AGREEMENT between the City of Kent and Northwest Playground Equipment Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation ton (hereinafter the "City"), and Northwest Playground Equipment Inc. organized under the laws of the State of Washington, located and doing business at 345 NW Dogwood Street/PO Box 2410, Issaquah, WA 98027 Y L (hereinafter the "Vendor"). ,O U AGREEMENT c 0 I. DESCRIPTION OF WORK. v 0 L Y The Vendor shall provide the following goods and materials and/or perform the following services for c the City: v c 0 .y N As described iin attached Exhibit A, incorporated herein, provide and deliver Lunar Lander M and Mission Control interactive play elements, to be installed during the Kherson Park -C, Renovation project. 0 J L J The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, N materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and rn services through other sources. r c II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall E complete the work and provide all goods, materials, and services by 07/31/2022. L III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $300,947.34, N including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: a� Ca Vendor will invoice the City upon the occurrence of the following events, and the City agrees to pay such invoices within 30 days of its receipt and acceptance: 0 0 0 • Upon full execution of the Agreement and upon the City's placement of its order - $135,426.30 • Upon Vendor's shipment of the product - $81,255.78 • Upon the City's receipt and acceptance of the deliver and conforming product $84,265.26 a Final payment is contingent upon full inspection and acceptance of delivered product by the City as conforming to specifications. Acceptance of delivery does not constitute full acceptance of product. GOODS & SERVICES AGREEMENT - 1 (Over$20,000, including WSST) Packet Pg. 240 8.E.a Card Payment Program. The Vendor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. Y L A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the a- Vendor for any defective or unauthorized goods, materials or services. If the Vendor is o unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and the Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, Y including legal costs and attorney fees, incurred by the City beyond the maximum Agreement ° price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. 0 U B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND 0 IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS v c MADE. o .y N IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in -w accordance with Ch. 51.08 RCW, the parties make the following representations: J A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. J B. The Vendor maintains and pays for its own place of business from which the Vendor's co services under this Agreement will be performed. CD r C. The Vendor has an established and independent business that is eligible for a business a deduction for federal income tax purposes that existed before the City retained the E Vendor's services, or the Vendor is engaged in an independently established trade, a� occupation, profession, or business of the same nature as that involved under this a Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service N and the state Department of Revenue. 06 0 E. The Vendor has registered its business and established an account with the state 0 0 Department of Revenue and other state agencies as may be required by the Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. E c� F. The Vendor maintains a set of books dedicated to the expenses and earnings of its a business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. GOODS & SERVICES AGREEMENT - 2 (Over$20,000, including WSST) Packet Pg. 241 8.E.a VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, the Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the am- time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for o that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must 0- complete the amended work; however, the Vendor may elect to protest the adjustment as provided in Y subsections A through E of Section VIII, Claims, below. 0 w The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract o time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. c 0 VII. FORCE MA)EURE. Neither party shall be liable to the other for breach due to delay or failure v in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, g or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or ) delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their -a) performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing q state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to c the current pandemic. J If any future performance is prevented or delayed by a force majeure event, the party whose co performance is prevented or delayed shall promptly notify the other party of the existence and nature of N the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and E continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. a) Q Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any •2 2-0 costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force N Majeure provision. 06 0 If a force majeure event occurs, the City may direct the Vendor to restart any work or performance 0 c� that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the E loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the a Vendor. VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts GOODS & SERVICES AGREEMENT - 3 (Over$20,000, including WSST) Packet Pg. 242 8.E.a or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY a- THAT DELAY. o W L A. Notice of Claim. Provide a signed written notice of claim that provides the following Y information: 0 w 1. The date of the Vendor's claim; U 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and o 5. An analysis of the progress schedule showing the schedule change or disruption o if the Vendor is asserting a schedule change or disruption. v c 0 B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result n of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. c The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an c equitable adjustment. No adjustment will be made for an invalid protest. J C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed CN promptly to provide the goods, materials and services required by the City under this N Agreement. c m D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor E also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). a m E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this •O 2-0 section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and 06 determination). N O IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING 0 FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. E c� X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work a provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and the Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or GOODS & SERVICES AGREEMENT - 4 (Over$20,000, including WSST) Packet Pg. 243 8.E.a discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national a origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who 0 is qualified and available to perform the work to which the employment relates. ;n m The Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Y Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached 12 Compliance Statement. U L r XII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers, o officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's o negligence. v c 0 The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds ) to avoid any of these covenants of indemnification. M L d IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION c PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, _J TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. J In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made 00 pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having N jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable a attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the E Vendor's part. a� Q The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. N Ca N XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions o and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of 0 the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E c� XV. MISCELLANEOUS PROVISIONS. a A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this GOODS & SERVICES AGREEMENT - 5 (Over$20,000, including WSST) Packet Pg. 244 8.E.a Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing_Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or am- award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's o right to indemnification under Section XII of this Agreement. ;n m D. Written Notice. All communications regarding this Agreement shall be sent to the parties at Y the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written w notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. 0 E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, o the terms of this Agreement shall continue in full force and effect and no further assignment shall be made U without additional written consent. o .y N F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor. -a) c G. Entire Agreement. The written provisions and terms of this Agreement, together with any _J Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative c of the City, and such statements shall not be effective or be construed as entering into or forming a part of J or altering in any manner this Agreement. All of the above documents are hereby made a part of this .. Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any C language contained in this Agreement, the terms of this Agreement shall prevail. CD r H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal a laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's E business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. a m I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the •2 Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, 4) emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be N subject to public review and disclosure, even if those records are not produced to or possessed by the City to of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and o obligations under the Public Records Act. ° c� J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the E Kent City Code. a K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page GOODS & SERVICES AGREEMENT - 6 (Over$20,000, including WSST) Packet Pg. 245 8.E.a to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: CITY OF KENT: Y L By: By: o N L Print Name: Print Name: Dana Ralph Y L Its Its Mayor w U DATE: DATE: O U O NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: c O VENDOR: CITY OF KENT: U c 0 Chris McGarvey Terry Jungman Northwest Playground Equipment City of Kent PO Box 2410 220 Fourth Avenue South Issaquah, WA 98027 Kent, WA 98032 J 425-313-9161 (telephone) (253) 856-5112 (telephone) chris@nwplayground.com (email) tjungman@kentwa.gov (email) J CN APPROVED AS TO FORM: W rn N r.+ C d Kent Law Department a� L ATTEST: Q m a� Kent City Clerk N N O O P:\Planning\Kherson Park\Redevelopment 2019-20\Replica Lander and Mission Control\NW Playground-Lander&Mission Control Mfr-CONTRACT yj C N E L V fC a+ a+ Q GOODS & SERVICES AGREEMENT - 7 (Over$20,000, including WSST) Packet Pg. 246 8.E.a DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. L a The following questions specifically identify the requirements the City deems necessary for any o contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. Y If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the o directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; c 0 The questions are as follows: 0 L Y 1. I have read the attached City of Kent administrative policy number 1.2. 0 U c 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, .2 race, color, national origin, age, or the presence of all sensory, mental or physical disability. N L 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity J employer. c 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and .. promotion of women and minorities. co a) N 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. a� L By signing below, I agree to fulfill the five requirements referenced above. N a� a� By: Ca For: o 0 c� Title: as E Date: a EEO COMPLIANCE DOCUMENTS - 1 of 3 Packet Pg. 247 8.E.a CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 Y L Q_ SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 0 CONTRACTORS APPROVED BY Jim White, Mayor Y POLICY: o w Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal o employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: C O 1. Provide a written statement to all new employees and subcontractors indicating r- commitment as an equal opportunity employer. •y 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract LM and subject to suspension or termination for all or part of the Agreement. J Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public a Works Departments to assume the following duties for their respective departments. c 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these E regulations are familiar with the regulations and the City's equal employment opportunity policy. �► Q 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 2 a� Ca N O O C N E t v cC Q EEO COMPLIANCE DOCUMENTS - 2 of 3 Packet Pg. 248 8.E.a CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. L R I, the undersigned, a duly represented agent of o Ch L Company, hereby acknowledge and declare that the before-mentioned company was the prime Y contractor for the Agreement known as that was entered into on o 4- the (date), between the firm I represent and the City of L Ld Kent. O U O c I declare that I complied fully with all of the requirements and obligations as outlined in the City c0 c of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity .2 2 Policy that was part of the before-mentioned Agreement. L d J L By. J For: co a) N Title: a� E Date: a� L Q V L _vY! W N O O r-i C d E t v R a EEO COMPLIANCE DOCUMENTS - 3 of 3 Packet Pg. 249 Northwest Playground Equipment, Inc. Ex 8.E.a PO Box 2410,Issaquah,WA 98027-0109 A, Phone(425)313-9161 FAX(425)313-9194 Email:sales@nwplayground.com QUOTE This quote is only valid for 30 days. To: City of Kent Quote# 11/23/21-MCG-1 Re: Kherson Park Date: 11/23/2021 Contact Name: Terry Jungman Phone: 253-856-5112 Y Email: TJungman(a-)KentWA.gov Fax: 253-856-6050 Item# Qty Description Price Total Price d EQUIPMENT o Cre8Play ;n CUST 1 Mission Control $ 90,800.00 t CUST 1 Lunar Lander $ 221,200.00 Y L 0 W Y V L r 0 U O L Y 0 U c 0 .y N L d Equipment Subtotal $ 312,000.00 Cre8Play Northwest Playground Equipment Discount: NPEI 8.00% $ (24,960.00) J Freight: $ 11,300.00 Equipment Total(less tax) $ 298,340.00 3 CERTIFIED INSTALLATION —J N Installation is NOT provided but AVAILABLE Upon Request $ 00 rn N a+ C d E Installation Total: $ - y LESS Original Design Contract: $ (25,000.00) Bond or CC Convenience Fee: Performance Bond(If Required): 3.0% $ - Q Location Code: Resale Certificate Required for Tax Exemption: Tax: 10.1% $ 27,607.34 aNi U ORDER TOTAL: $ 300,947.34 All quotes are subject to material and fuel surcharges. N Ca Acceptance of Proposal: (Please be sure you have read, signed, initialed and understand the Terms and Conditions on Page 2 of this Quote) 0 0 The items, prices and conditions listed herein are satisfactory and are hereby accepted. C9 c a� Title Customer Signature Date c� Thank you for considering Northwest Playground Equipment, Inc. for your 1° Park, Playground, Shelter and Sports Equipment requirements. Q PAGE 1 of 2 Packet Pg. 250 8.E.a EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance Y L The Contractor shall procure and maintain for the duration of the Agreement, a insurance against claims for injuries to persons or damage to property which o may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or Y subcontractors. L 0 w A. Minimum Scope of Insurance U L r Contractor shall obtain insurance of the types described below: 0 U 1. Commercial General Liabil� insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability c arising from premises, operations, independent contractors, U products-completed operations, personal injury and o advertising injury, and liability assumed under an insured N contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a J substitute endorsement providing equivalent coverage. c 2. Automobile Liability insurance covering all owned, non- -J owned, hired and leased vehicles. Coverage shall be written N on Insurance Services Office (ISO) form CA 00 01 or a co a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. a� 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. a a� a� B. Minimum Amounts of Insurance Ca N Contractor shall maintain the following insurance limits: c c� 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. a a 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Packet Pg. 251 8.E.a EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability a c insurance: 0 L 1. The Contractor's insurance coverage shall be primary insurance as respect Y the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and 4° shall not contribute with it. L 2. The Contractor's insurance shall be endorsed to state that coverage shall 0 not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. c U 3. The City of Kent shall be named as an additional insured on all policies o (except Professional Liability) as respects work performed by or on behalf N of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance a policies. The Contractor's Commercial General Liability insurance shall J also contain a clause stating that coverage shall apply separately to each L insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers co N Insurance is to be placed with insurers with a current A.M. Best rating of not r less than ANII. a E a� E. Verification of Coverage a Contractor shall furnish the City with original certificates and a copy of the a amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. cn 06 F. Subcontractors 0 0 Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance E requirements as stated herein for the Contractor. a Packet Pg. 252 8.E.b CITY OF KENT PARKS, RECREATION &COMMUNITY SERVICES • Julie Parascondola, Director KENT 220 4th Avenue South W ASH I NGTGN Kent, WA 98032 Fax: 253-856-6050 PHONE: 253-856-5100 Memoa. Y To: Dana Ralph, Mayor o From: Julie Parascondola, Director CC: Brian Levenhagen, Deputy Director c 0 Date: December 13, 2021 Re: Request for Waiver of Bidding Requirements Pursuant to KCC 3.7.110 for Purchase of the Lunar Lander and Mission Control Play Elements 0 L r The City's Parks, Recreation, and Community Services (PRCS) Departments requests an ci exception to the competitive bidding requirements under KCC 3.7.110 (A)(3) to purchase the c Lunar Lander and Mission Control Play Elements from Northwest Playground Equipment, Inc. as N a local representative of Cre8P1ay. The cost to design and build the Lunar Lander and Mission Control Play Elements is estimated to be $300,947.34 which would typically require that the City advertise bids under KCC 3.70.08(D). J L The purchase of these interactive play elements, based on the NASA Apollo program, is part of an ongoing coordinated effort between Parks, Recreation and Community Services (PRCS) and Economic and Community Development (ECD) to promote and celebrate the City's legacy of aero N and outer space innovation by memorializing Kent's role in aerospace history. These components o will be part of the Kherson Park Renovation project, located at 307 West Gowe Street, in the heart of downtown Kent. A life-size Astronaut and Lunar Roving Vehicle (LRV) replica were E purchased by the City in 2017 and 2019 respectively for this project. The final design phase of Kherson Park Renovation is currently underway, with construction projected to begin June 2022. The Lunar Lander and Mission Control replicas are being purchased from Northwest Playground Equipment, Inc. as a local representative of CreBplay. Cre8Play is a custom park and play c environment fabricator who specializes in innovative and unique concepts for play elements. Their E creativity and fabrication methods make them the only playground manufacturer capable of implementing the space-themed concepts proposed for Kherson Park. PRCS contracted with c Cre8P1ay for the fabrication of the LRV and Astronaut structures and found them to be more than a capable of taking ideas from concept to implementation. Because of the custom nature of this work, and to be certain the pieces are consistent and match, PRCS recommends that Cre8Play E be the selected vendor to build the Lunar Lander and Mission Control replicas. KCC 3.70.110(A) allows the Mayor to waive the bidding requirements for the purchase of goods, Q materials, equipment, or services that are not part of a public work upon a finding that the bidding requirements would otherwise not be practicable or in the City's best interests under the circumstances. Packet Pg. 253 8.E.b For the reasons stated above, I do not believe it is practicable to bid the purchase of the Lunar Lander and Mission Control Replicas and that it is in the City's best interest to directly negotiate a goods and services agreement with Northwest Playground Equipment, Inc. and request that you authorize the waiver of the competitive bidding requirements by signing below. If you authorize staff to directly negotiate with Northwest Playground Equipment, the resulting contract will be brought before Council for approval prior to the contract's execution by the City. Thank you for your consideration. L APPROVED: a c O L Y L O Mayor Dana Ralph Date L O U O L r O U c O .y N L J L J N 00 CD N O E N L cc E d L V O L Q. d E V R a • Page 2 Packet Pg. 254 8.F • KENT W A S M I N G T O N DATE: January 18, 2022 TO: Kent City Council SUBJECT: Riverbend Golf Complex — Golf Cart Use Agreement and Financing Lease Agreements - Authorize MOTION: I move to authorize the Mayor to sign all necessary documents to lease 72 golf carts and three maintenance carts from Pacific Golf and Turf, LLC through The Huntington National Bank for a 4-year term that will commence upon the date the equipment is received by the City and the bank remits payment to Pacific Golf and Turf, subject to final agreement terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: Every four years, the Riverbend Golf Complex enters into a new operating lease for golf carts and maintenance utility carts. Through a formal recruitment process, the Parks Department has selected Pacific Golf and Turf. The four year operating lease with Pacific Golf and Turf will include 36 electric golf carts, 36 gas-powered golf carts, and 3 utility golf carts. These carts are critical to the overall customer experience and playability at the course and allow Riverbend to keep its on-site maintenance costs low and public equipment in high-quality condition. The lease agreement is with Pacific Golf and Turf, LLC and their financing company, The Huntington National Bank, which includes four different documents for review and signature—a use agreement with Pacific Golf and Turf, the equipment vendor, and three lease agreements with the bank financing the lease, The Huntington National Bank. The total cost of the golf cart lease over the four year term is $333,277.29, with an annual cost of $83,319.32, which is budgeted in the Riverbend Golf Complex's 2022 adopted budget and subsequently into the 2023- 2025 budgets. These financial impacts are offset by golf cart revenue via fees charged to customers for cart rental. BUDGET IMPACT: Riverbend Golf Complex Enterprise Fund SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Packet Pg. 255 8.F Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. ATTACHMENTS: 1. Use Agreement (DOCX) 2. Exhibit A - Specifications (PDF) 3. Exhibit B - Warranties (PDF) 4. Exhibit C - Insurance (PDF) 5. Three Lease Agreements with The Huntington National Bank (PDF) 01/06/22 Parks and Human Services Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 1/18/2022 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Zandria Michaud, Satwinder Kaur, Toni Troutner Packet Pg. 256 8.F.a KENT GOLF CART USE AGREEMENT between the City of Kent and Pacific Golf & Turf, LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation a (hereinafter the "City"), and Pacific Golf&Turf, LLC organized under the laws of the State of Washington, aEi located and doing business at 1818 Bickford Avenue, Snohomish, WA 98290 (hereinafter the "Vendor"). a AGREEMENT y m I. DESCRIPTION OF WORK. a� c The Vendor shall provide the following goods and materials and/or perform the following services for c the City: c ii c Provide the City with the following equipment for the City's use throughout the terms of concurrent financing lease agreements the City entered into with The Huntington National Bank and TCF National Bank (collectively, "the Banks") contemporaneously with this Agreement between the City and Vendor: ;v Q • Thirty-six (36) 2022 E-Z-GO RXV Elite lithium battery-powered golf carts, together n with all attachments and accessories thereto; • Two (2) 2022 E-Z-GO RXV gas-powered marshal golf carts; 0 • Thirty-six (36) 2022 E-Z-GO RXV gas-powered golf carts, together with all attachments and accessories thereto; E. E. d • Two (2) 2022 Cushman Hauler 120OG EFI utility carts; and >_ • One (1) 2022 Cushman Hauler 120OG EFI range picker cart. 00 N in accordance with the specifications attached and incorporated as Exhibit A. c m E as The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and a services through other sources. N II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall deliver c the equipment listed in Section I of this Agreement at a location and on a date and time mutually acceptable E to the City and the Vendor. This Agreement shall remain in effect until the contemporaneous lease agreements with The Huntington National Bank and TCF National Bank (collectively, "the Banks") terminate, the Vendor has picked up the equipment from the City's facilities, and the Vendor has otherwise performed Q all other obligations under this Agreement, whichever event occurs last. Once the financing lease agreements with the Banks terminate, Vendor will take back possession of the equipment identified in Section I. Vendor shall coordinate with the City the Vendor's pick-up of the equipment at the City's facilities on a date and at a time mutually agreeable to the City and Vendor. III. COMPENSATION. In exchange for the City's use of the equipment described in Section I and Vendor's performance in accordance with the terms of this Agreement, the Vendor shall receive GOLF CART USE AGREEMENT - 1 Packet Pg. 257 8.F.a $333,278, which shall be paid to Vendor by the Banks under separate terms negotiated by Vendor and the Banks. In turn, the City shall pay the Banks this amount in accordance with the terms and conditions of finance lease agreements the City has separately entered into with the Banks. Vendor shall remain responsible for paying any personal property tax or sales tax that may be due under Washington law. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. E a� B. The Vendor maintains and pays for its own place of business from which the Vendor's L services under this Agreement will be performed. Q a� N C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the J Vendor's services, or the Vendor is engaged in an independently established trade, c' occupation, profession, or business of the same nature as that involved under this Agreement. ii D. The Vendor is responsible for filing as they become due all necessary tax documents c with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. m E. The Vendor has registered its business and established an account with the state ;v Department of Revenue and other state agencies as may be required by the Vendor's Q business, and has obtained a Unified Business Identifier (UBI) number from the State y of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its L) business. 0 V. TERMINATION. This Agreement may only be terminated in accordance with the terms of the contemporaneous financing lease agreements entered into between the City and the Banks. E. m VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, M or other natural disaster or acts of government ('force majeure event"). Performance that is prevented or M delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing E state or national declarations of emergency, or any current social distancing restrictions or personal a protective equipment requirements that may be required under federal, state, or local law in response to a the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose c performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in c performance and, provided, that the party prevented or delayed has not caused such event to occur and Q continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. GOLF CART USE AGREEMENT - 2 Packet Pg. 258 8.F.a If a force majeure event occurs, the City may direct the Vendor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. VII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. E THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. L a� a VIII. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work y provided under this Agreement in accordance with the provisions of this Agreement. Vendor shall take all actions necessary to ensure that the "Limited Warranty Terms and Conditions" for the equipment, attached J and incorporated as Exhibit B, shall pass through to the City. Vendor is responsible for providing all parts T and labor associated with equipment problems that arise that are covered under the warranties provided for by this section. The City, however, will be responsible for conducting routine maintenance and general upkeep of the equipment, which includes the costs associated with replacement parts and labor not covered u- under the specific warranty terms. In addition to any other warranty provided for at law or herein, this c Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor warrants goods are merchantable, are fit for the a particular purpose for which they were obtained, and will perform in accordance with their specifications E and the Vendor's representations to City. ;v Q The Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor y knows or should have known of the defect, or (2) upon the Vendor's receipt of notification from the City of :3 the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. v 0 IX. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national -2 origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. M The Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, N Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. m E X. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, and the Lessee a under the applicable financing lease, their officers, officials, employees, agents and volunteers harmless a from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the :0)) injuries and damages caused by the negligence of the City or Lessee. m The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. c a IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having GOLF CART USE AGREEMENT - 3 Packet Pg. 259 8.F.a jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XI. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. XII. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of E the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the L Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or Q other articles used or held for use in connection with the work. y m XIII. MISCELLANEOUS PROVISIONS. J c A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. U_ c B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this a Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those E covenants, agreements or options, and the same shall be and remain in full force and effect. Q C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and y construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in c6 writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's > right to indemnification under Section X of this Agreement. M D. Written Notice. All communications regarding this Agreement shall be sent to the parties at N the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this E Agreement or such other address as may be hereafter specified in writing. a E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, :0)) the terms of this Agreement shall continue in full force and effect and no further assignment shall be made c without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement c shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor. Q G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. GOLF CART USE AGREEMENT - 4 Packet Pg. 260 8.F.a H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and a obligations under the Public Records Act. E a� m L J. City Business License Required. Prior to commencing the tasks described in Section I, Q Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the y Kent City Code. J K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any c' number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement u- bearing the original signature was received in person. c IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior E CD to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed a� to have applied. Q a� N VENDOR: CITY: D PACIFIC GOLF &TURF, LLC CITY OF KENT v 0 t9 By: By: L Print Name: Print Name: Dana Ralph Its Its Mayor 00 N DATE: DATE: r c m E a� a� L Q r E V a GOLF CART USE AGREEMENT - 5 Packet Pg. 261 8.F.a NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Attn: Attn: Pacific Golf &Turf, LLC City of Kent Department of Parks, Recreation, and Community Services 220 Fourth Avenue South ( ) - (telephone) Kent, WA 98032 ( ) - (facsimile) (253) 856- (telephone) E d (253) 856- (facsimile) a� a APPROVED AS TO FORM: y m J Cf C Kent Law Department c ca c ATTEST: c c a� Kent City Clerk m L Q N U O C d L d LPL M 00 CD N r C d E N N L Q r c� E V a GOLF CART USE AGREEMENT - 6 Packet Pg. 262 8.F.a DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. c a� The following questions specifically identify the requirements the City deems necessary for any E contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative 4 response is required on all of the following questions for this Agreement to be valid and binding. Q If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the 4' directives outlines, it will be considered a breach of contract and it will be at the City's sole J determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: i- 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. L 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. U 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and 6 promotion of women and minorities. a� 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. M 00 By signing below, I agree to fulfill the five requirements referenced above. N a� E By: For: Title: as E Date: a GOLF CART USE AGREEMENT Exhibit C - Insurance Requirements Packet Pg. 263 8.F.a CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 c as SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor a POLICY: N R d J Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: i- c 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. a� a� 2. Actively consider for promotion and advancement available minorities and women. Q a� Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. L) 0 Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. L d 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these '- regulations are familiar with the regulations and the City's equal employment opportunity policy. a N 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. E a� L Q r c� E V a GOLF CART USE AGREEMENT Exhibit C - Insurance Requirements Packet Pg. 264 8.F.a CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. r c a� I, the undersigned, a duly represented agent of E aD Company, hereby acknowledge and declare that the before-mentioned company was the prime Q contractor for the Agreement known as that was entered into on (D the (date), between the firm I represent and the City of Kent. c CU c ii I declare that I complied fully with all of the requirements and obligations as outlined in the City r of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. L a� Q y L By. L) O For: c a� Title: Date: M 00 a) N r C d E d d L Q E V r Q GOLF CART USE AGREEMENT Exhibit C - Insurance Requirements Packet Pg. 265 8.F.b EXHIBIT A SPECIFICATIONS r c as E as as L Q J aI C u C O C LL C r C N E N N L Q d N L U w 0 c m L M 00 N N C O O v u N Q t x w c a� E u c� a GOLF CART USE AGREEMENT Exhibit A - Specifications Packet Pg. 266 8.F.b Electric Golf Cart Specifications Quantity: 36 Electric fleet golf carts r c Power Source: 48-volt electric motor E aD Horsepower: 3.3 HP/2.4 kW (Minimum), prefer 4.4 HP/3.3kW Q Batteries: Six (6) 8-volt deep cycle batteries, prefer Trojan batteries. Warranty: Minimum 4 Years/25,000 amp hours � as Water Fill System: Factory easy fill watering system on all carts Charger: Factory U.L. Listed and C.S.A. Certified 48-volt charger and charging cord (1 each per cart) c Battery Meter: Factory battery meter, dash mounted (1 per cart) r c Color: Factory color - Slate/Platinum/Moonstone a� (Prefer molded body color over paint) a Bumpers: 5 mph impact resistant front and rear bumpers Roof/Canopy: Black roof and canopy supports Windshield: Factory, two (2) piece folding windshield o Seat: Factory - Color: Black aD Tire Size: 4-ply rated (minimum) Wheel Covers: Silver Factory wheel covers/hub cabs (4 per cart) M Sweater Basket: Factory sweater basket o Cup Holders: Factory cup holders 0 Ball and Tee Holders: Factory ball and tee holders Dash: USB port(s) a Bag/Club Cover: Factory rear bag/club cover - Color: Black a Information Holder: Factory, front facing information holder (1 per cart) r Number Decals: Factory number decals (2 per cart) w w c E a Packet Pg. 267 8.F.b Gas Powered Golf Cart 5 ecifi ations Quantity: 36 Gas powered fleet golf carts r c Engine: Gas - Electronic Fuel Injection, 4 cycle low emissions E a) aD Battery: 12-volt maintenance free (Minimum 2-year Warranty) a Fuel Capacity: 5.2 gallons/20.0 L (Minimum) aD Color: Factory color - Slate/Platinum/Moonstone J (Prefer molded body color over paint) �a Bumpers: 5 mph impact resistant front and rear bumpers Roof/Canopy: Factory roof/canopy and supports - Color: Black r Windshield: Factory, two (2) piece folding windshield a) Seat: Factory - Color: Black L a� Q Tire Size: 4-ply rated (minimum) N Wheel Covers: Silver Factory wheel covers/hub cabs (4 per cart) r- Sweater Basket: Factory sweater basket 0 Cup Holders: Factory cup holders Ball and Tee Holders: Factory ball and tee holders aD Dash: USB port(s) it Bag/Club Cover: Factory rear bag/club cover - Color: Black 00 N Information Holder: Factory, front facing information holder (1 per cart) Number Decals: Factory number decals (2 per cart) ° �a a� a a x w w c a� E a Packet Pg. 268 8.F.b Marshal Golf Cart 5 ecifications Quantity 2 Gas powered marshal golf carts r c Engine: Gas - Electronic Fuel Injection, 4 cycle low emissions E a) aD Battery: 12-volt maintenance free (Minimum 2-year Warranty) a Fuel Capacity: 5.2 gallons/20.0 L (Minimum) aD Color: Factory color - Flame Red/Sangria/Garnet J (Prefer molded body color over paint) �a Bumpers: 5 mph impact resistant front and rear bumpers Roof/Canopy: Factory roof/canopy and supports - Color: Black r Windshield: Factory, two (2) piece folding windshield a� Seat: Factory - Color: Black L a� Q Tire Size: 4-ply rated (minimum) N Wheel Covers: Silver Factory wheel covers/hub cabs (4 per cart) Sweater Basket: Factory sweater basket 0 Cup Holders: Factory cup holders Ball and Tee Holders: Factory ball and tee holders aD Dash: USB port(s) it Bag/Club Cover: Factory rear bag/club cover - Color: Black 00 N Information Holder: Factory, front facing information holder (1 per cart) Number Decals: Factory number decals (2 per cart) ° �a a� a a x w w c a� E a Packet Pg. 269 8.F.b Utility Vehicles Quantity: Two (2) gas powered golf cart style utility vehicles/carts r c Power Source: Gas - Electronic Fuel Injected, 4 cycle low emissions E a) aD Displacement: 400 cc (Minimum) a Horsepower: 13.5 HP (Minimum) aD Cooling: Air cooled -J, Battery: 12-volt maintenance free (Minimum 2-year warranty) �a Color: Green (Prefer molded body color over paint) Bumpers: Front bumper with heavy duty brush guard, rear bumper r- equipped with 2" hitch receiver Roof/Canopy: Factory roof/canopy and supports - Color: Black a) L Windshield: Factory, two (2) piece folding windshield a a� Fuel Capacity: 5.2 gallons/20.0 L (Minimum) D r- Rear Cargo Bed: Factory Bed Capacity: 300 lbs. (Minimum) ° Tire Size: 20x8-10 turf tires, 6-ply rated (minimum) a L Headlights: Factory front headlights Taillights: Factory rear taillights M 00 Cup Holders: Factory cup holders N Dash: USB port(s) o r Keys: Factory keys (2 per cart) Towing: Factory 2" rear tow hitch/receiver a Towing Capacity: 500 lbs. rolling weight and 100 lbs. towing weight Q (Minimum) x w w c a� E a Packet Pg. 270 8.F.b Driving Range Picker Utility V hicle Quantity: One (1) gas powered golf cart style utility vehicles/carts Power Source: Gas - Electronic Fuel Injected, 4 cycle low emissions E as L Displacement: 357 cc (Minimum) a Horsepower: 11.5 HP (Minimum) a� Cooling: Air cooled -J, Battery: 12-volt maintenance free (Minimum 2-year warranty) U Color: Green (Prefer molded body color over paint) U- Bumpers: Front bumper with driving range picker bracket, rear bumper equipped with 2" hitch receiver E Roof/Canopy: Factory driving range protective enclosure L Doors: Factory driving range protective enclosure a as Windshield: Factory driving range protective enclosure Fuel Capacity: 5.2 gallons/20.0 L (Minimum) U w 0 Rear Cargo Bed: Factory Bed Capacity: 300 lbs. (Minimum) L Tire Size: 20x8-10 turf tires, 6-ply rated (minimum) Headlights: Factory front headlights M 00 Taillights: Factory rear taillights N Cup Holders: Factory cup holders o Dash: USB port(s) U Towing: Factory 2" rear tow hitch/receiver �. Cn Towing Capacity: 500 lbs. rolling weight and 100 lbs. towing weight a (Minimum) x w :.; c a� E c� a Packet Pg. 271 8.F.b IL PACIFIC A Textron Company .GOLF & TURF JOHN DEERE GOLF Presented To: Prepared By R.D.Pete Petesen,Jr. Rob Harbottle F tv Riverbend Golf Complex Sales Representative a) 2019 West Meeker Street (253)508-9192 Q Kent,WA 98032 tharhatEleC�paciFi_golfnitl.cam N a� QTY MODEL VEHICLE COLOR SEAT TYPE/COLOR J 36 RXV ELITE LITHIUM Platinum Standard Factory Seat Black c .v c c INCLUDED ACCESSORIES LL CITYACCESSORY ACCESSORY DETAILS/COLOR «I r 36 Top Assembly Black C 36 Wheel Covers Platinum E 36 Standard Tire and Wheel 8"Standard Factory 4 Ply Tire and Wheel N E-Z-GO Factory Split Windshield i 36 Windshield � 36 Message Holder Q 36 Club Pro Bag Covers Black d to 36 USB Ports Standard Factory Install 36 State of Charge Meter Standard Factory Install t4 1 Handheld Diagnostic Tool U 36 Factory Freight w O 36 Fleet Instalation/Local Delivery (� Any change to the accessory list must be obtained in writing at least 45 days prior to production date. d Location of logo L N 36 Course Logo Center Front Cowl > Location of Nvmbers Number Sequence 72 Die Cut Numbers One Per Side 1 TO 36 *Club is Responsible for logo artwork 45 days prior to fleet delivery 6) N SPECIAL CONSIDERATIONS o a� a AcMtance of the above 11sted accewfies and veNicfe U�famtation Q r Date: Accepted By: Da W :-� Title: O N E Pacific Golf&Turf ca Accepted By: Date: Q Title: Packet Pg. 272 8.F.b NiOD, PACIFIC A Textron Company `®.GOLF & TURF JOHN DEERE GOLF Presented To: Prepared By R.D.Pete Petesen,Jr. Rob Harbottle Riverbend Golf Complex Sales Representative (253)508-9192 2019 West Meeker Street Kent,WA 98032 rhothgttle�oaciFEcftolFttttt.com O FINANCIAL DETAILS � Q CITY MODEL Terms f UNIT PRICE TOTAL MONTHLY PRICE in 48 Month Seasonal Pa 8 5,114.88 M 36 RXV ELITE LITHIUM Y j4 $ 142.08 $ � $ J 5 $ C $ $ Lj $ $ C O NETTOTAL $ 5,114.88 LL TRADE/LEASE TERMINATION M CITY YEAR MODEL CONDITION VALUE PER CAR TOTAL +. C $0.00 $0.00 d $0.00 i $0.00 I) Q FLEET INSPECTION REPORT N 1-Customer acknowledges they have received o full inspection report(attached)detailing the current conditon of the trade in/Lease return Vehicles M 2-Customer understands that excess damages to Lease Termination vehicles will be added to the cost of the replacement fleet as specified in this agreement. V 3-Customer understands that trade in values ar based on the condition of the vehicles on the date of the fleet inspection. O 4-Customer understands that this agreement is based on the condition of the vehicles at the time of inspection.Any damages or loss of vehicle accessories/chargers that occur between 0 IaVectlonandarmnctanceafnewvehicles G*dTWjistherepsen$WNttyofLWcustomer. C Exls ling Lease Numbers) L d Last Payment to be made: chedules With will be,terarfnted as Slated above.Assuming all previous payments are current and there are no au[stvrzdln taxeor`ees.incFadfill late charges. M PROPOSED LEASE DETAILS CIO N Payment Schedule: 48 Month Lease Seasonal Pay Payment Months: March-October Expected Delivery: November 2021 First Pay: to O Additional Information: v (D Q. U) PROPOSAL EXPIRATION DATE: Q This Proposal is valid through delivery date is subject to change based on product availability. t K W r-� Accepted By: Date: C E Title: t L� O r Pacific Golf&Turf Q Accepted By: Date: Tltle: Packet Pg. 273 8.F.b PACIFIC A Textron Company `%.GOLF &TURF JOHN DEERE GOLF Presented To: Prepared By (D R.D.Pete Petesen,Jr. Rob Harbottle Riverbend Golf Complex Sales Representative Q 2019 West Meeker Street (253)508-9192 Kent,WA 98032 tharBottle@paciFlclralfturf.cam y J CITY MODEL VEHICLE COLOR SEAT TYPE/COLOR C 36 RXV GAS Platinum Standard Factory Seat Black U c c ii INCLUDED ACCESSORIES tC CITY ACCESSORY ACCESSORY DETAILS/COLOR N 36 'Top Assembly Black E 36 'Wheel Covers Platinum tV 36 Windshield E-Z-GO Factory Split Windshield L aI 36 Message Holder Q 36 Club Pro Bag Covers Black to 1 Manual Kit 1 Handheld Diagnostic Tool M 36 Factory Freight V w 36 Fleet Instalation/Local Delivery 1 O Any change to the accessory list must be obtained in writing at least 45 days prior to production date. (7 C Location of Logo 36 Course Logo Center Front Cowl y Location of Numbers Number5equence 72 Die Cut Numbers One Per Side 1 TO 36 -Club is Responsible for logo artwork 45 days prior to fleet delivery M CO 6� N SPECIAL CONSIDERATIONS rn c 0 U tv a Aavptance of the above listed acreswdes and vehicle li*rmallan Q r Accepted By: Date: t x w Title: C N Pacific Golf&Turf E t v Accepted By: Date: Title: Q Packet Pg. 274 8.F.b PACIFIC A Textron Company "GOLF &TURF JOHN DEERE GOLF Presented To: Prepared By R.D.Pete Petesen,Jr. Rob Harbottle Sales Representative to Riverbend Golf Complex C 2019 West Meeker Street (253)508 9192 al Kent,WA 98032 rharhottle acEFic alSturf.com FINANCIAL DETAILS CITY MODEL Terms UNIT PRICE TOTAL MONTHLY PRICE 36 RXV GAS 48 Month Seasonal Pay 8/4 $ 122.01 $ 4,392.36 M tl7 $ - J $ $ i3) C $ $ v $ $ ev NET TOTAL $ 4,392.36 t= LL TRADE/LEASE TERMINATION CITY YEAR MODEL CONDITION VALUE PER CAR TOTAL $0.00 tD $0.00 N $0.00 i $0.00 Q tD to PLEET INSPECTION REPORT 1-Customer acknowledges they have received o full inspection report(attached)detailing the current conditon of the trade in/Lease return Vehicles 2-Customer understands that excess damages to Lease Termination vehicles will be added to the cost of the replacement fleet as specified in this agreement. V It: 3-Customer understands that trade in values ar based on the condition of the vehicles on the date of the fleet inspection. O 4-Customer understands that this agreement is based on the condition of the vehicles at the time of inspection.Any damages or loss of vehicle accessories/chargers that occur between (7 lnspecNon and arcepstance of new vehicles by Paa17c GOif&Turf is the repsonsibllky of the customer. Existing Lease Numberls) L Last payment to be made: Above stoW tease schedules with will ha tetmh?W as$Wed above.Axauming all prevkV$poymenb�are current an. theM are no outstangIng taxe orfees Including late charges, M PROPOSED LEASE DETAILS tb Payment Months: March-October N Payment Schedule: 48 Month Lease Seasonal Pay Pa Y Expected Delivery: October 2021 First Pay: In C O Additional Information: tOj 4— v tD t1 PROPOSAL EXPIRATION DATE: Q This Proposal is valid through delivery date is subject to change based on product availability. t x Lu Accepted By: Date: N E i itle: L V t4 Pacific Golf&Turf Q Accepted By: Date: Title: Packet Pg. 275 8.F.b 09"0 PACIFIC A Textron Company `.GOLF & TURF .JOHN DEERE GOLF Presented To: Prepared By F ttle b W Haro R.D.Pete Petesen,Jr. Rob � Riverbend Golf Complex Sales Representative Q 2019 West Meeker Street (253)508-9192 rn Kent,WA 98032 rharbottle@paciGcgollturf.com J QTY MODEL VEHICLE COLOR SEAT TYPE/COLOR 2 RXV GAS Flame Red Standard Factory Seat Black U c tc c LL INCLLIDED ACCESSORIES 'a C ACCESSORY DETA J COLOR CITY ACCESSORY ILS � 36 Top Assembiy Black 36 Wheel Covers Platinum 36 Standard Tire and Wheel 8"Standard Factory 4 Ply Tire and Wheel i 36 Windshield E-Z-GO Factory Split Windshield Q 36 Message Holder d 36 Club Pro Bag Covers Black to 1 Handheld Diagnostic Tool cC 2 Factory Freight (� 2 Fleet Instalation/Local Delivery 1 `= Any change to the accessory list must be obtained In writing at least 45 days prior to production dote. C Location oft agp d 2 Course Logo Center Front Cowl N Location o f Numbers Number Sequeme 4 Die Cut Numbers One Per Side 1 TO 2 'Club is Responsible for logo artwork 45 days prior to fleet delivery M CO CD N SPECIAL CONSIDERATIONS N C O O v U N CL Awrptana of the above I&W acceswrles and vehkle In/aruNWon Q Accepted By: Date: t x Title: LLI C Pacific Golf&Turf E E t Accepted By: Date: M Title: Q Packet Pg. 276 PACIFIC A Textron Company .GOLF & TURF .�OHN DEERE GOLF Presented To: Prepared By R.D.Pete Petesen,Jr. Rob Harbottle N Riverbend Golf Complex Sales Representative 2019 West Meeker Street (253)508 9192 E ]Cent,WA 98032 rhaibaule Sc+lic oNti:rf FINANCIAL DETAILS Q CITY MODEL Terms UNIT PRICE TOTAL MONTHLY PRICE 0) N 2 RXV GAS INCLUDED AT NO CHARGE FOR TERM $ _ $ N $ $ Z3f C $ S v $ $ C tc NETTOTAL $ LL TRADE/LEASE TERMINATION CITY YEAR MODEL j CONDITION VALUE PER CAR TOTAL $0.00 N $0.00 N $0.00 i $0.00 Q 0) ffl FLEET INSPECTION REPO, T 2-Customer acknowledges they have received o full inspection report(attached)detailing the current conditon of the trade in/Lease return Vehicles ' ftJ 2-Customer understands that excess damages to Lease Termination vehicles will be added to the cost of the replacement fleet as specified in this agreement. V w 3-Customer understands that trade in values or based on the condition of the vehicles on the dale of the fleet inspection. O d-Customer understands that this agreement is based on the condition of the vehicles at the time of inspection.Any damages or lass of vehicle accessories/chargers that occur between 0 Inspecoan and accepslance a new vehicles?.vehicles?.Z Farific Gay&Ty is the repsonslbliity of the customer. 'a C Exfsfia LeaseHumber(sf L LastPaymenf to be made: > Abpve stated lease srbadutes with svlll be termlated as stated above.Assuminq eil pmdous payments are current and there are no oulsfan yLaR.taxe or res inchidIng late eh s, M PROPOSED LEASE DETAILS 00 CD Payment Schedule: 48 Month Lease Seasonal Pay Payment Months: March-October N Expected Delivery: July-2021 First Pay: Aug-2021 U) C O 41 Additional Information: M v N rL Cl) PROPOSAL EXPIRATION DATE: Q a+ This Proposal is valid through 4/1/2021 delivery date is subject to change based on product availability t x W Accepted By: Date: + C N Title: E L V Pacific Golf&Turf Q Date: Title: Packet Pg. 277 8.F.b PACIFIC - `,,GOLF &TURF ATex[ron Company JOHN DEERE GOLF Presented To: R.D.Pete Petesen,Jr. Prepared By Rob Harbottle Riverbend Golf Complex Sales Representative r 2019 West Meeker Street Sales Representative 508-9192 Kent,WA 98032 rharbottleQ0 aP IficEollturF.com E 0) 4�Y MODEL VEHICLE COLOR SEAT TYPE/COLOR i 3 HAULER 120OG EFI Hunter Green Standard Factory Seat Brack Q d CITY ACCESSORY ACCESSORY DETAILS COLOR 3 13.5 Hp Gas EFI F ine y 3 1,208 LB Vehicle Load Ce aClty J 3 grin LB Bed Lard Ca City 0) 3 l,SriO LB Towing Capacit Cy 3 .� 12 Cubit Foot Cargo Bed U 3 Hour Meter fO 3 Fuel Ga 1 ge C LL Ball Picker Cage � 1 Front Picker pda ter � 3 To.Assrm6Sy (C Black �+ 3 Fatto Fret t � 3 Fleet Instolatlon/Local Dol(vary E 1 (D (D L FINANCIA!DETAILS � Q CITY 0) MODEL Terms UNIT PRICE TOTAL MONTHLY PRICE to 3 HAULER 120OG EFI 48 Month Seasonal Pay 8/4 $ 27481 $ 824.43 ' $ $ (C $ $ U w TOTAL $ 824.43 � TRADE/LEASE TERMINATION 0 CITY YEAR MODEL CONDITION VALUE PER CAR � TOTAL � $0.00 $0.00 N $0.0) Existing Lease IVumberfs) ' M 00 0) Last Paymenr to be made. N Above state#lease schedules with will beWrOmted as statedebove.Assuming air prevlous payments are current orndNlem are no cutstandin (axe or ets lnclua! late chit ex to C PROPOSED LEASE DETAILS - p Payment Schedule: 48 Month Lease Seasonal Pay V Payment Months: March-October :~ Expected Delivery: October 2021 U First Pay: (D Q 5PECIAL CONSIDERATIONS Q r t x w AeoSPtanur of the above Ilstrd.amssorks. trehlerle c a� Accepted By: L Date: Title: (C a+ a+ Q Pacific Golf&Turf Accepted By: Title: Date: Packet Pg. 278 8.F.b ■--I l T, :ti N r.+ _ C L t aD J C C yJ F C LL C R r � - C d E � O N L d fn �•y 'O V L d M 00 N N C O O U N UNMATCHED POWER AND EFFICIENCY. tC Proven to exceed expectations and deliver golfers with an uncompromised experience,the E-Z-GO°RXV is a golf car like ' no other.Whether you choose the EX1 gas engine or 48-volt AC electric drivetrain,the RXV is the most advanced vehicle in Q the industry.The 48-voLt AC electric model has patented IntelliBrake—technology,which provides superior efficiency and t an automatic parking brake.The first of its kind, EX1 closed-loop EFI gas engine delivers a gas golf car with a refined driving X experience and unmatched energy efficiencies.Whether gas or electric is the right choice for your course,the RXV will LLI provide an unparalleLed ownership and golfer experience. O E t C� M INDUSTRY'S ADVANCED 48V AC OR EX1 Q MOST EFFICIENT INTELLIBRAKET, GAS ENGINE WITH VEHICLE TECHNOLOGY CLOSED—LOOP EFI Packet Pg. 279 8.F.b ELECTRIC GAS _ DIMENSIONS (n _ r OVERALL LENGTH 94.5 In(240 cm) OVERALL WIDTH 47.0 In(119 cm) E OVERALL HEIGHT(W/O CANOPY) 47.5in (121 cm) OVERALL HEIGHT (W/CANOPY) 70 In(178 cm) L WHEELBASE 65.7 in(167 cm) Q 6 e, FRONT WHEEL TRACK 35.5 in(90 cm) (/) REAR WHEELTRACK 38.0 in(97 cm) GROUND CLEARANCE 4.0 In(lOcm) J � ®DIFFERENTIAL � � S= POWER POWER SOURCE 48-Volt AC 4 Cycle,9.15 cu in(150 cc) HORSEPOWER 1 4.4 hp(3.3 kW)Continuous 11.5 hp(8.6 kW)J1995 standard S= ELECTRICAL SYSTEM 48-Volt Brushless DC Internal Starter Generator U_ • BATTERIES(TYPE) Four,12 Volt Deep Cycle One,12-Volt Maintenance-Free KEY OR PEDAL START PetlaL LC - - _ BATTERY CHARGER Lead Acid Charger:SC-48(3.0 M)DC Cord N/A SPEED CONTROLLER 235-amp SoLid-State AC Controller N/A DRIVETRAIN Motor Shaft Direct Drive Continuously Variable Transmission(CVT) TRANSAXLE Limited Slip Differential Differential W/Helical Gears L 1 KEY FEATURES 0) GEAR SELECTION Forward-Neutral-Reverse Integrated Forward-Reverse Q • Modern Design REAR AXLE RATIO 16.99:1 11:47:1(Forward)14:35:1(Reverse) d to Modern Dash with LargeCupholders KEY SWITCH Unique Group,Unique Individual N/A •Impact-Resistant Bumpers PERFORMANCE LC Oversized Bag Well SEATING CAPACITY 2-Passenger V Optional Fold-Down Windshield DRY WEIGHT 565 Lb(256.3 kg) 878 ib(307 kg) '0 '^ Optional Rear-Facing Seat Available CURB WEIGHT 905 Lb(410.5 kg) 692 Lb(314 kg) V In RXV 2+2 VEHICLE LOAD CAPACITY 500-BOO lb(227-360 kg) ELECTRIC OUTSIDE CLEARANCE CIRCLE 19.2 ft(5.8 m) I 19.0 it(5.8 m) •Automatic Parking Brake with SPEED(LEVEL GROUND) 8-15mph(13-24kph) 12 mph t 0.51 mph(19.3 kph f 0.8 kph) Advanced lntelliBrokeT"Technology TOWING CAPACITY Three E-Z-GOGolf Cars with Approved Permanent Tow Bar N •State of Charge Meter STEERING Si SUSPENSION a/. DC/DC Converter STEERING Double-Ended Rack and Pinion 00 48-Volt Battery Charger Front:Independent A-Arm Coil-Over Shock; 0) SUSPENSION Rear.Mono-Leaf Spring With Hydraulic Shocks Independent front suspension SERVICE BRAKE Induction Motor Rear Wheel Mochon lea t So[S-Adjusting Drums GAS PARKING BRAKE Automatic Electro-Magnetic Self-Compsnialln Q,Single Point Engagomnnt O •Industry's most efficient gas engine TIRES 18 x 8.50-8(4-ply rated) ++ Superior Performance •Perfectly tuned power BODY 6 CHASSIS _ V Refined Handling FRAME Welded Steel with Powder-Coat Protection V BODY S,FINISH Injection Molded TPO Closed-loop EFI system Q Almontl,Black,Bright Wnlfa,Burgundy,ElpclrlC Slue,Flames Ratl, Cl) Industry's Greenest Engine OPTIONAL BODY COLORS Forest Groom,Inferno Red,Ivory,Moldl Lic Charcoal.Oasis Green,Ocean Grey, r Patriot BLuv.Platinum,Sunburst Orange(custom culorsovaLlahlo) Industry's Most Efficient Gas Engine STANDARD SEAT COLORS Slone Beige,Oyster,Grey,Black �..r Closed-Loop EFI System PREMIUM SEAT COLORS Mushroom,Grey(custom colors available) Z Industry's Lowest Operational Costs PINSTRIPE COLORS Pewter,Black,Gold W C E 1 0 0 I r Almond Black Bright White Burgundy Electric Blue Flame Red Forest Green0 rs r • 19 • www.ezgo.COM Inferno Red Ivory Metallic Oasis Green Ocean Grey Patriot Blue Platinum Sunburst BUILTRIUHT. 7 Charcoal Orange Features and specifications of vehicles subject to change without notice.Vehicles as photographed may include options not included on base model. RIBHTHERE. 02020 Textron Specialized Vehicles Inc.822013-G12(Rev,09/2020) Packet Pg. 280 8.F.b r WNW- 6. RXV ` ELiTE7' Q J - aI - U C O C LL Ilk O frs E SAO �"r- hL L Q N O • - U ti. O C d L d LPL M 00 N N C O O v U N Q UNBEATABLE ENERGY EFFICIENCY. UNRIVALED TECHNOLOGY. Cl) The E-Z-GOO RXV ELITE is the industry's best golf car with unbeatable performance and innovative technology.Activated Q r by Samsung SDI maintenance-free lithium batteries,the RXV ELiTE is the most efficient golf car available with the lowest Z cost of ownership of any golf car. Featuring an innovative battery management system that monitors battery health,the RXV t x has the longest range of any lithium golf car, paired with performance that doesn't fade over time. Choose the RXV ELITE LLB and let us show you why it raises the bar on superior golf car performance. C N E L � V MAINTENANCE LASTING UNBEATABLE Q FREE BATTERIES PERFORMANCE ENERGY EFFICIENCY Packet Pg. 281 8.F.b i� . _ ELITE DIMENSIONS OVERALL LENGTH 94•S In(240 cm) (n a+ OVERALL WIDTH 47.0 In(119 cm) C. - OVERALL HEIGHT (W/O ROOF) 4S.71n(118 cm) OVERALL HEIGHT (W/ROOF) 66.61n(174 cm) WHEELBASE 65.7 in(167 cm) L n FRONT WHEELTRACK 35.51n(90 cm) Q REAR WHEEL TRACK 38.0 in(97 cm) N GROUND CLEARANCE 3.3 In(B cm) ®DIFFERENTIAL J POWER C +r. POWER SOURCE SS-Volt DC •� MOTOR TYPE 48 Volt AC C HORSEPOWER(KW) 4.4 hp(3.3 kW)Continuous .... - ELECTRICAL SYSTEM 58-volt LL BATTERIES(TYPE) ELITE 2.0.56V Lithium KEY OR PEDAL START Pedal M BATTERY CHARGER Lithium World Charger SBVDC 10 ft.DC Cord SPEED CONTROLLER 235-amp Solid-State AC Controller C DRIVETRAIN Motor Shaft Direct Drive d INNOVATIVE TECHNOLOGY TRANSAXLE Limited Slip Differential i GEAR SELECTION Forward-Neutral-Reverse Integrated Q •Zero Maintenance Lithium Batteries REAR AXLE RATIO 16.99:1 N 5-Year Battery Warranty KEY SWITCH Into Key Switch Unbeatable Energy Efficiency PROGRAMMABLE GOLF MODES Unique Group,Unique Individual ' Proven Performance of Samsung SDI V PERFORMANCE Lithium Batteries � SEATING CAPACITY 2-Passenger 0 • Effortless Performance DRY WEIGHT 606 Lb(274.4 kg) y Eco-FriendlyTechnology •a CURB WEIGHT 6551b(297.1 kg) •Longest Range of Any Lithium Vehicle VEHICLE LOAD CAPACITY 500-800 Lb(227-360 kg) d Opportunity Charging 19.2 ft(5.6 m) N OUTSIDE CLEARANCE CIRCLE •Lightweight for Turf Protection SPEED(LEVEL GROUND) 8-15mph(13-24kph) I N TOWING CAPACITY Three E-Z-GO Golf Cars with Approved Permanent Tow Bar LL KEY FEATURES M STEERING&SUSPENSION 00 Modern Design STEERING Double-Ended Rack and Pinion m act-Resistant Bumpers SUSPENSION N Front:Independent A-Arm Coil-Over Shock: v p P Rear.Mono-Leal Spring With Hydraulic Shocks rn Fade Resistant Paint SERVICE BRAKE Induction Motor = Premium Seating PARKING BRAKE Automatic Electra-Magnetic O 4+ Versatile In-Dash Storage TIRES 8 x 8.50-8(4-ply rated) t� •Optional Fold-Down Windshield BODY 9 CHASSIS C� •Optional USB Port FRAME Welded Steel with Powder-Coal Protection Q. BODY B FINISH Injection Molded TPO U) Almond,Black,Bright Wh1to,Surgunay ElOctrlc BLVe,Ftamo Rod, t OPTIONAL BODY COLORS Forest Green,Inferno Red,Ivory,MatalLic Chorc*01.OaSIa Grean•CGaan Grey, Q Patriot Slue,Platinum,Sunbur*t Orange(custom ColorsavollabW) a.+ STANDARD SEAT COLORS Stone Beige,Oyster,Grey,Black PREMIUM SEAT COLORS Mushroom,Grey(custom colors available) X PINSTRIPE COLORS Pewter,Black,Gold W J � r g Burgundy Forest Green Almond Block Bright White Bur and Electric Blue Flame Red Q • * vp • is www.ezgo.com Inferno Red Ivory Metallic Oasis Green Ocean Grey Patriot Blue Platinum Sunburst BUILTRIGHT. Charcoal. Orange Features and specifications of vehic Les subject to change without notice.Vehicles as photographed may include options not included on base model. NOWHERE. 1 2020 Textron Specialized Vehi c Les Inc.70065-G3(Rev.09/2020) Packet Pg. 282 8.F.b (a CUSHMAN* HAULERS 1200 E L Q A � z � N R � J . S? i c c U- c ac� - i G � L - - I N 00 N - fA O C� N Q Q LORDED WITH RELENTLESS r FUNCTIONRLITY. x The Hauler 1200 is equipped to tackle the burden of any job,with 1500LB a rugged truck-like design.A large bed packed full of essential 13.5H P TOW functionality can easily be converted for any task.Featuring EFI GAS CAPACITY tie down locations,divider slots and a full line of affordable n n c� accessories,transporting everything from sod to small 12 Cu FT 1200LB Q equipment has never been easier.Your work is unforgiving,let CARGO LOAD the Hauler 1200 carry the load. BED CAPACITY LET'S WORK® Packet Pg. 283 8.F.b =--- CUSHMAN• HAULER® 1200 E L FRAME Welded Steel with DuraShield'Powder Coat N �4 BODY&FINISH Injected Molded TPO N J �. STANDARD COLOR Patriot Blue.Forest Green OVERALL LENGTH 111.9 in(302 cm) OVERALL WIDTH 49.4 in(125.5 cm) OVERALL HEIGHTW/CANOPY 70-5 in(179.1 cm) LL OPTIONAL Di i WHEELBASE 76.8 in(1951. cm) FRONT WHEELTRACK 35 in(88.9 cm) r REAR WHEELTRACK 38-5 in(97.8 cm) N - GROUND CLEARANCE 3-5 in(8,9 cm) E t CARGO BOX CAPACITY 12 cu ft(0 34m3) i POWERSOURCE 4-cycle,24-5 ci(401cc) VALVETRAIN Single Cylinder OHV (n HORSEPOWER(KW) 13.5 hp(10-1 kW) ' r ELECTRICAL SYSTEM Starter/Generator Solid-State Regulator V [,J. (I BATTERY(QTY/TYPE) One 12V Maintenance Free Jc. • O -- _- KEY OR PEDALSTART Pedal Start 0 AIR CLEANER Replacable Dry Cartridge C LUBRICATION Pressurized Oil System 40 OIL FILTER Spin-On L N i COOLING SYSTEM Air Cooled FUEL CAPACITY 6,65 Gallon(25,2 L)Tank _ DRIVETRAIN Continuously Variable Transmission(CVT) 00 - TRANSAXLE Differential with Helical Gears N 4 GEAR SELECTION Forward-Reverse to REAR AXLE RATIO 11,47:1(Forward)14.35:1(Reverse) !_ 66 O a_• SEATING CAPACITY 2 Person VERSAME DASH V STORACE CURD WEIGHT 980 lb(445 kg) � BED LOAD CAPACITY 800 lb(363 kg) Q OPTIONS & FICCESSORIES VEHICLE LOAD CAPACITY 1200 lb(545 kg) V) •Bed Dividers Ladder/Hoop Rack SPEED 14 5 mph±0.5 mph(23.3 kph±0,8 kph) Q •Long-Handled Tool Holder •Brake Lights •Cargo Mesh Netting •Tail Lights TOWING CAPACITY 1500 lb(680 kg)max _ •L-Track Aluminum Bed System E-Shiel&-Frame OUTSIDE CLEARANCE CIRCLE 215 ft(G-6 m) Weather Enclosure Fuel/Oil Gauge K •USB Outlet Premium Steering Wheel W ! 12-Volt Outlet •Side Body Color STEERING Self-Compensating Rack and Pinion .. •Canopy Storage Net Windshield �+ FRONT/REAR SUSPENSION Leaf Springs w/Hydraulic Shock Absorbers � •Brush Guard LED Headlights •Rearview Mirror Glove Box SERVICE BRAKE Rear Wheel Mechanical Self-adjusting Drum E •ROPS-Certified Cab Floor Mount Attachment PARKING BRAKE Self-compensating,Single Point Engagement V TC FRONT/REARTIRES 18 x 8..5-8 Q 1 www.cushman.com ©2019 Textron Specialized Vehicles Inc.Features and specifications of the vehicles are subject to change without notice.Vehicle as photographed may include options not included on base model, 82290-G7(Rev 11/2019) Packet Pg. 284 8.F.c EXHIBIT B WARRANTY PROVISIONS C a� E a� a� L a� a J a1 C C R C LL C R C d E d d L a r L U O C L Nam_ Lf� M 00 a) N N d r C Cu L L K W E V a GOLF CART USE AGREEMENT Exhibit B - Warranty Provisions Packet Pg. 285 8.F.c MODEL YEAR 2021 Limited Warranty Terms and Conditions—RXV and TXT ELITE Fleet Vehicles Textron Specialized Vehicles Inc. ("Company") provides that any new Model Year 2021 E-Z-GO RXV Fleet and TXT Fleet Elite electric vehicle(Vehicles factory equipped with a lithium battery pack) (the"Vehicles")and/or the battery charger for the Vehicle's lithium battery pack purchased from the Company,a Company affiliate,or an authorized Company dealer or distributor,or leased from a leasing company approved by the Company,shall be free from defects In material or workmanship under normal use and service(the"Limited Warranty").This Limited Warranty with respect only to parts and labor Is extended to the N Original Retail Purchaser or the Original Retail Lessee("Purchaser")for defects reported to the Company no later than the following warranty periods for the Vehicle parts and components set forth below(the'Warranty Period"): 0) E Part or Component Warranty Period 0) a) FRAME-WORKMANSHIP LIFETIME i SUSPENSION-Steering Gearbox,steering column,shocks and leafsprings 4 Years Q MAIOR ELECTRONICS--Electric motor,solid statespeed controller 4 Years y LITHIUM BATTERY SYSTEM—Battery pack,battery management system,battery charger,and charger receptacle 5 Years to M PEDAL GROUP-Pedal assemblies,and motor brake 4 Years a) SEATS-Seat bottom,seat back and hip restraints 3 Years CANOPY SYSTEM-Canopyand canopy struts 4 Years C POWERTRAIN—Electric axle 3 Years V BODY GROUP—Front and rear cowls,side panels and Instrument panel 3 Years R OTHER ELECTRICAL COMPONENTS—Solenoid,limit switches,DC/DC converter,F&R switch,charger cord, 3 Years wiring harness LL ALL REMAINING COMPONENTS-All options and accessories supplied by E-Z-GO at time of delivery,and all 2 Years 'p R components not specified elsewhere INITIAL ADJUSTMENTS—Initial alignment,adjustments,fastener tightening 90 days }, The Warranty Period for all parts and components of the Vehicle other than Lithium Batteries shall commence on the date of delivery to the Purchaser's location or the date on which the Vehicle is placed in Purchaser-requested storage.The Warranty Period for Lithium Batteries shall commence on the E earliest of the following dates: 0) of Vehicle delivery to the Purchaser's location, d • on which the Vehicle Is placed in Purchaser-requested storage or CF) • that is sixty(60)days from the date of sale or lease of the Vehicle by the Company to an authorized Company dealer or distributor. Q Parts repaired or replaced under this Limited Warranty are warranted for the remainder of the length of the original Warranty Period.This Limited N Warranty applies only to the Purchaser and not to any subsequent purchaser or lessee without the prior written approval from the Director of the Company's Customer Care/Warranty Department. i EXCLUSIONS:Specifically EXCLUDED from this Limited Warranty are: M • routine maintenance items,normal wear and tear,cosmetic deterioration or electrical components damaged as a result of fluctuations U in electric current; p • damage to or deterioration of a Vehicle,part or battery charger resulting from an accident or collision,or from the neglect,abuse, 0 or inadequate maintenance of the Vehicles; -a • damage resulting from installation or use of parts or accessories not approved by Company,including but not limited to subsequent failures of the Vehicle,other parts or the battery charger due to the Installation and/or use of parts and accessories not approved by Company; • warranty repairs performed by someone other than a Company branch or an authorized and qualified Dealer designee. Warranty repairs performed by someone other than a Company branch or an authorized and qualified Dealer or designee shall void the Limited Warranty; • damage or loss resulting from acts of nature,vandalism,theft,war or other events over which Company has no control; 00 • any and all expenses incurred in transporting the Vehicle to and from the Company or an authorized and qualified Dealer,distributor or designee for warranty service or in performing field warranty service;and C14 • any and all expenses,fees or duties incurred relative to Inbound freight,importation,or customs. N THIS LIMITED WARRANTY MAY BE VOIDED OR LIMITED AT THE SOLE DISCRETION OF COMPANY IF THE VEHICLE AND/OR BATTERY CHARGER: r shows indications that routine maintenance was not performed In accordance with the Owner's Manual provided with the Vehicle,including but not limited to rotation of fleet,proper tire inflation,and lack of charging. M • shows indications that non-recommended lubricants were applied to the Vehicle and any part thereof; M • shows Indications that the speed governor was adjusted or modified to permit the Vehicle to operate beyond Company specifications; • shows indications that it has been altered or modified in any way from Company specifications,including but not limited to alterations to the speed braking system,electrical system,passenger capacity or seating; m • has been altered to be used or operated outside of Company approved applications,specified environments or performance conditions; is equipped with tires not expressly approved by Company for use with the Vehicles; • lacks an adequate number of operating battery chargers,or uses unapproved battery chargers forthe Vehicle or uses extension cards with battery X chargers; LU • shows indication that the battery charger has been modified to charged vehicles not approved for the charger; +: • has electrical accessories that are not manufactured or sold by the Company for use with the Vehicle or any electrical energy consuming devices installed directly to the battery pack; E • shows Indications that the battery pack was disassembled,opened,or tampered with in any way; shows Indications that attempts may have been made to intentionally reduce the battery pack life; M • contain lithium battery packs that are not paired with the battery management system as supplied by the Company; Q FOR FURTHER INFORMATION,CALL 1-800-774-3946,GO TO TSV.COM,OR WRITE TO TEXTRON SPECIALIZED VEHICLES INC.,ATTENTION: TSV CUSTOMER CARE/WARRANTY DEPARTMENT,1451 MARVIN GRIFFIN ROAD,AUGUSTA,GEORGIA 30906 USA. TSV P/N 6572841321 Packet Pg. 286 8.F.c MODEL YEAR 2021 Storage and Operation limitations Condition Time Allowed STORAGE BETWEEN CHARGE CYCLES 3 months STORAGE BETWEEN-22'F -30'C AND-4'F -20'C STORAGE ONLY—NO CHARGING OR DISCHARGING OF BATTERY PACK 1 month OPERATION OF VEHICLE BELOW-4-F(-20'C)OR ABOVE 140-F(60'C) NOT ALLOWED USE OF NON-APPROVED PARTS AND ACCESSORIES: THIS LIMITED WARRANTY SHALL NOT APPLY TO ANY PROPERTY DAMAGE OR ADDITIONAL ENERGY CONSUMPTION ARISING FROM OR RELATED TO PARTS OR ACCESSORIES NOT MANUFACTURED OR EXPRESSLY AUTHORIZED BY THE COMPANY,OR WHICH N WERE NOT INSTALLED BY THE COMPANY,ITS DEALERS OR DISTRIBUTORS,INCLUDING BUT NOT LIMITED TO GPS SYSTEMS,COOLING AND HEATING SYSTEMS, COMMUNICATION SYSTEMS,INFORMATION SYSTEMS,OR OTHER FORMS OF ENERGY CONSUMING DEVICES WIRED DIRECTLY OR INDIRECTLY TO THE VEHICLE d BATTERIES. d REMEDY:Purchaser's sole and exclusive remedy under this Limited Warranty in the event of a defect In material or workmanship in the Vehicle,any part or d component,or battery charger during the applicable Warranty Period Is that Company will,at its sole option,repair or replace any defective parts.For such warranty repairs or replacements,the Company may,at its discretion, provide factory reconditioned parts or new components from alternate suppliers.All replaced parts become the sole property of the Company. This exclusive remedy will not be deemed to have failed of its essential purpose so long as the Company has In made reasonable efforts to repair or replace the defective parts. N J DLSCLAIMER:THIS LIMBED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED FOR THE VEHICLES AND BATTERY CHARGER AND IS MADE IN 0) LIEU OF ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILRY OR FITNESS FORA O_ PARTICULAR PURPOSE,ALL SUCH OTHER WARRANTIES BEING EXPLICITLY DISCLAIMED. V C R LIABILITY LIMITATIONS:IN NO CASE SHALL THE COMPANY BE LIABLE FOR INDIRECT,INCIDENTAL,SPECIAL,PUNITIVE OR CONSEQUENTIAL DAMAGES,INCLUDING O BUT NOT LIMITED TO DEATH,PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM OR RELATED TO ANY ALLEGED FAILURE IN A VEHICLE OR BATTERY LL CHARGER,OR ANY DAMAGE OR LOSS TO THE PURCHASER OR ANY THIRD PARTY FOR LOST TIME,INCONVENIENCE OR ANY ECONOMIC LOSS,WHETHER OR NOT THE COMPANY WAS APPRISED OF THE FORSEEABILITY OF SUCH DAMAGES OR LOSSES. ANY LEGAL CLAIM OR ACTION ARISING THAT ALLEGES BREACH OF M R WARRANTY MUST BE BROUGHT WITHIN THREE(3)MONTHS FROM THE DATE THE WARRANTY CLAIM ARISES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL y DAMAGES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST,SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU E 0) WARNING:ANY MODIFICATION OR CHANGE TO THE VEHICLE OR BATTERY CHARGER WHICH ALTERS THE WEIGHT DISTRIBUTION OR STABILITY OF THE d VEHICLE, INCREASES THE VEHICLE'S SPEED, OR ALTERS THE OUTPUT OF THE BATTERY CHARGER BEYOND FACTORY SPECIFICATIONS, CAN RESULT IN PROPERTY DAMAGE,PERSONAL INJURY OR DEATH. DONDTMAKEANYSUCHMOOIF1CAIpNSORgft6N ES. SUCH MODIFICATIONS OR CHANGES WILL VOID THIS LIMITED WARRANTY. THE COMPANY DISCLAIMS RESPONSIBILITY FOR ANY SUCH MODIFICATIONS, CHANGES OR ALTERATIONS WHICH WOULD (/) ADVERSELY IMPACTTHE SAFE OPERATION OF THE VEHICLE OR BATTERY CHARGER. a+ L LITHIUM BATTERY WARRANTY LIMITATIONS,CONDITIONS AND EXCEPTIONS: R U • Claims for battery replacement require specific testing,as specified by Company's Customer Care/Warranty Department.The Company,or an .- authorized Company dealer or distributor,should be contacted to obtain a copy of the required tests. O • IF IT IS DETERMINED THAT PARTS OR ACCESSORIES WERE INSTALLED DIRECTLY TO THE VEHICLE'S BATTERY PACK WITHOUT THE COMPANY'S U� EXPRESS WRITTEN APPROVAL,THEN THE WARRANTY FOR THE BATTERY PACK AND THE BATTERY MANAGEMENT SYSTEM SHALL BE VOID. "CS • ALL NON-FACTORY INSTALLED ACCESSORIES REQUIRE THE INSTALLATION AND USE OF A COMPANY APPROVED DC TO DC CONVERTER THAT USES O N ENERGY FROM ALL BATTERIES. .0 L • Electric Vehicle storage facilities must provide the fallowing: ample electrical power to charge all Vehicles and allow the charger to shut off automatically; > • battery chargers must each have an independent dedicated 15 amp circuit; • each battery charger must be connected to Its circuit with at minimum a NEMA 15-511 three-pin receptacle; th one(1)functional charger for each Vehicle in the fleet with a proper electrical supply as specified above;and 00 • BATTERY CHARGERS MUST BE THE COMPANY APPROVED CHARGERS FOR LITHIUM BATTERY PACK VEHICLES. In OTHER COMPANY RIGHTS: d • Company may perform semi-annual vehicle inspections(directly or through assigned Company representatives)through the term of any fleet lease. , • Company may improve,modify or change the design of any Company vehicle,part or battery charger without being responsible to modify previously fo manufactured vehicles,parts or battery chargers. L L • Company may audit and inspect the Purchaser's facility,maintenance records and its Vehicles prior to approving any warranty claim;furthermore, t4 Company may use a third party to perform such audit or inspection of the Purchaser's storage facilities,and/or batteries. • THE WARRANTY FOR ALL VEHICLES IN A FLEET SHALL BE VOIDED IF DATA SUBMITTED FOR AN INDIVIDUAL VEHICLE WARRANTY CLAIM CONTAINS m' FALSE OR MISLEADING INFORMATION. AUTHORITY: No Company employee,dealer,distributor or representative,or any other person,has any authority to bind Company to any modifications of the terms and conditions of this Limited Warranty without the express written approval from the Director of the Company's Customer Care/Warranty Department. W C: 0) E t U M r r Q FOR FURTHER INFORMATION,CALL 1-800-774-3946,GO TO TSV.COM,OR WRITE TO TEXTRON SPECIALIZED VEHICLES INC.,ATTENTION: TSV CUSTOMER CARE/WARRANTY DEPARTMENT,14SI MARVIN GRIFFIN ROAD,AUGUSTA,GEORGIA 30906 USA. TSV P/N 6S7284G21 Packet Pg. 287 MODEL YEAR202 8•F.0 Limited Warranty Terms and Conditions- RXV and TXT Fleet Vehicles The Textron Specialized Vehicles(TSV)Division of Textron Inc. ("Company") provides that any new Model Year 2021 E-Z-GO RXV Fleet and TXT Fleet gasoline or lead-acid electric vehicle (the"Vehicles")and/or battery charger purchased from the Company,a Company affiliate,or an authorized Company dealer or distributor,or leased from a leasing company approved by the Company,shall be free from defects In material or workmanship under normal use and service(the "Limited Warranty"). This Limited Warranty with respect only to parts and labor Is extended to the Original Retail Purchaser or the Original Retail Lessee ("Purchaser")for defects reported to the Company no later than the following warranty periods for the Vehicle parts and components set forth below(the"Warranty Period"): Part or Component Warranty Period FRAME-WORKMANSHIP LIFETIME +N+ MAJOR SUSPENSION COMPONENTS-Steerin Gearbox,veering column shocks,struts and leafs rings 4 years a) 0) MAJOR ELECTRONICS—Elect?lc motor,solid states peed controller and battery charger 4 years E LEAD ACID DEEP CYCLE BATTERY—TXT ELECTRIC MODELS: 0) 0) • Standard Battery Earlier of 4 years or 23,500 amp hours' i • Standard Battery with optional water fill system Earlier of 4 years or 25,000 amp hours* Q LEAD ACID DEEP CYCLE BATTERY—RXV ELECTRIC MODELS: Earlier of 4 years or 25,000 amp hours` y GAS CAR BATTERY(Gas cars with added electrical loads must be equipped with heavy duty battery) 2 years N M PEDALGROUP-Pedal assemblies,brake assemblies,brake cables and motor brake 4 years a) CANOPY SYSTEM-Canopy and canopy struts 4 years SEATS-Seat bottom,seat back and hip restraints 3 years C POW ERTRAIN—Gasoline engine,gasoline axle,engine air intake and exhaust system 4 years V POWERTRAIN—E{ectric axle 3 years M R BODY GROUP—Front and rear cowls,side panels and Instrument panel 3 years C OTHER ELECTRICAL COMPONENTS—Solenoid,limit switches,starter generator,voltage regulator,F&R 3 years switch,charger cord and charger receptacle ALL OPTIONS AND ACCESSORIES-All options and accessories supplied by Company at time of purchase 2 years R ALL OTHER COMPONENTS-All other components supplied by Company at time of purchase 2 years }, INITIAL ADJUSTMENTS—JnlVal alignment,adjustments,fastener retightening 90 Days 0) 'Added electrical components not part of original Vehicle drive system equipment that consume equal to or more than.4 amps shall reduce the amp hour E battery warranty by fifteen percent(15%). Added electrical components not part of original Vehicle drive system equipment that consume less than.4 0) amps shall reduce the amp hour battery warranty by ten percent(IO%). See reverse for other battery warranty limitations,conditions and exceptions. CJ1 The Warranty Period for all parts and components ofthe Vehicle other than Lead Acid Deep Cycle Batteries shall commence on the date of delivery Q to the Purchaser's location or the date on which the Vehicle is placed in Purchaser-requested storage. N N The Warranty Period for Lead Acid Deep Cycle Batteries shall commence on the earliest of the date of: • Vehicle delivery to the Purchaser's location, i on which the Vehicle is placed in Purchaser-requested storage or M • that is one(1)year from the date of manufacture of the Vehicle. U Parts repaired or replaced under this Limited Warranty are warranted for the remainder of the length of the Warranty Period. This Limited O Warranty applies only to the Purchaser and not to any subsequent purchaser or lessee without the prior written approval of the TSV 0 Customer Care/Warranty Department. C EXCLUSIONS:Specifically EXCLUDED from this Limited Warranty are: • routine maintenance items,normal wear and tear,cosmetic deterioration or electrical components damaged as a result of fluctuations In electric L current; N • damage to or deterioration of a Vehicle, art or battery charger resulting from Inadequate or Improper maintenance,neglect,abuse,improper g p ry g g qg � usage,accident or collision; • damage resulting from installation or use of parts or accessories not approved by Company,including but not limited to subsequent failures of the Vehicle,other parts or the battery charger due to the installation and/or use of parts and accessories not approved by Company; 00 • warranty repairs made by other than a Company branch or an authorized and qualified Dealer designee.Warranty repairs by other than a Company branch or an authorized and qualified Dealer or designee shall void the Limited Warranty; • damage or loss resulting from acts of nature,vandalism,theft,war or other events over which Company has no control; ) • any and all expenses incurred In transporting the Vehicle to and from the Company or an authorized and qualified Dealer,distributor or designee for warranty service or in performing field warranty service;and M L • any and all expenses,fees or duties Incurred relative to inbound freight,importation,or customs. THIS LIMITED WARRANTY MAY BE VOIDED OR LIMITED AT THE SOLE DISCRETION OF COMPANY IF THE VEHICLE AND/OR BATTERY CHARGER: • shows indications that routine maintenance was not performed per the Owner's Manual,including but not limited to rotation of fleet,proper tire inflation,lack of charging,inadequate battery watering,use of contaminated water,loose battery hold downs,routine scheduled oil and filter m changes,corroded battery cables and loose battery terminals; • lacks an adequate number of operating battery chargers,uses unapproved battery chargers for the vehicle or uses extension cords with battery chargers; L • shows Indications that the charger has been modified to charge vehicles not approved for the charger; K • gasoline vehicles fueled with unleaded gasoline containing more than SOY ethanol,EBS ethanol fuel or other non-recommended fuels, W contaminated gasoline or other non-recommended lubricants; • shows Indications that the speed governor was adjusted or modified to permit the Vehicle to operate beyond Company specifications; • shows indications it has been altered or modified in any way from Company specifications,including but not limited to alterations to the speed t braking system,electrical system,passenger capacity or seating; R • has been altered to be used in an application other than a fleet golf vehicle such as a Personal Transportation Vehicle(PTV),utility vehicle,or other r non-fleet golf vehicle Q • has non-Company approved electrical accessories or electrical energy consuming devices installed on a gasoline powered Vehicle without installation of a heavy duty 12V battery;or • is equipped with non-standard tires not approved by Company for the application. FOR FURTHER INFORMATION,CALL 1-800-774-3946,GO TO EZGO.TXTSV.COM,OR WRITE TO TSV DIVISION OF TEXTRON INC.,ATTENTION: TSV CUSTOMER CARE/WARRANTY DEPARTMENT,14S1 MARVIN GRIFFIN ROAD,AUGUSTA,GEORGIA 30906 USA. TSV P/N 646534G21 Packet Pg. 288 MODEL YEAR 202 USE OF NON-APPROVED COMPANY PARTS AND ACCESSORIES:THIS LIMITED WARRANTY IS VOID WITH RESPECT TO ANY PROPERTY DAMAGE OR ADDITIONAL ENERGY CONSUMPTION ARISING FROM OR RELATED TO PARTS OR ACCESSORIES NOT MANUFACTURED OR AUTHORIZED BY THE COMPANY,OR WHICH WERE NOT INSTALLED BY THE COMPANY,ITS DEALERS OR DISTRIBUTORS,INCLUDING BUT NOT LIMITED TO NON-APPROVED GPS SYSTEMS,COOLING AND HEATING SYSTEMS,COMMUNICATION SYSTEMS,INFORMATION SYSTEMS,OR OTHER FORMS OF ENERGY CONSUMING DEVICES WIRED DIRECTLY OR INDIRECTLY TO THE VEHICLE BATTERIES. REMEDY:Purchaser's sole and exclusive remedy under this Limited Warranty in the event of a defect in material or workmanship in the Vehicle,any part or component,or battery charger during the applicable Warranty Period is that E-Z-GO will,at its sole option,repair or replace any defective parts.If the Company elects to repair or replace a defective part,the Company may at its discretion provide a factory reconditioned part or new component from an alternate supplier.All replaced parts become the sole property of the Company.This exclusive remedy will not be deemed to have failed of Its essential purpose so long as the Company has made reasonable efforts to repair or replace the defective parts. N DISCLAIMER:THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED FOR THE VEHICLES AND BATTERY CHARGER AND IS MADE IN LIEU OF ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR W A PARTICULAR PURPOSE,ALL SUCH OTHER WARRANTIES BEING EXPLICITLY DISCLAIMED. d 0) LIABILITY LIMITATIONS:IN NO CASE SHALLTHE COMPANY BE LIABLE FOR INDIRECT,INCIDENTAL,SPECIAL,PUNITIVE OR CONSEQUENTIAL DAMAGES,INCLUDING i BUT NOT LIMITED TO DEATH,PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM OR RELATED TO ANY ALLEGED FAILURE IN A VEHICLE OR BATTERY CA a CHARGER,OR ANY DAMAGE OR LOSS TO THE PURCHASER OR ANY THIRD PARTY FOR LOST TIME,INCONVENIENCE OR ANY ECONOMIC LOSS,WHETHER OR 4) NOT THE COMPANY WAS APPRISED OF THE FORSEEABILITY OF SUCH DAMAGES OR LOSSES.THE RIGHT OF PURCHASER TO RECOVER DAMAGES WITHIN THE LIMITATIONS SET FORTH IN THIS SECTION IS PURCHASER'S EXCLUSIVE ALTERNATIVE REMEDY IF THE LIMITED REMEDY OF REPAIR OR REPLACEMENT OF THE VEHICLE FAILS OF ITS ESSENTIAL PURPOSE.THE PARTIES AGREE THAT THIS ALTERNATIVE REMEDY WILL BE ENFORCEABLE EVEN IF THE LIMITED REMEDY OF J REPAIR OR REPLACEMENT FAILS OF ITS ESSENTIAL PURPOSE.ANY LEGAL CLAIM OR ACTION ARISING THAT ALLEGES BREACH OF WARRANTY MUST BE BROUGHT WITHIN THREE(3)MONTHS FROM THE DATE THE WARRANTY CLAIM ARISES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL DAMAGES OR LIMITATIONS ON V C HOW LONG AN IMPLIED WARRANTY MAY LAST,SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. M C WARNING:ANY MODIFICATION OR CHANGE TO THE VEHICLE OR BATTERY CHARGER WHICH ALTERS THE WEIGHT DISTRIBUTION OR STABILITY OF THE LL VEHICLE, INCREASES THE VEHICLE'S SPEED, OR ALTERS THE OUTPUT OF THE BATTERY CHARGER BEYOND FACTORY SPECIFICATIONS, CAN RESULT IN "C7 PROPERTY DAMAGE,PERSONAL INJURY OR DEATH. DONOTMAKEANVSUCHMODIFICATIONSORCHANGES. SUCH MODIFICATIONS OR CHANGES WILL VOID R THE LIMITED WARRANTY. THE COMPANY DISCLAIMS RESPONSIBILITY FOR ANY SUCH MODIFICATIONS, CHANGES OR ALTERATIONS WHICH WOULD + ADVERSELY IMPACTTHE SAFE OPERATION OF THE VEHICLE OR BATTERY CHARGER. d E LEAD ACID DEEP CYCLE BATTERY WARRANTY LIMITATIONS,CONDITIONS AND EXCEPTIONS: • The amp hour Warranty Period for electric Vehicle batteries is as recorded by the Vehicle's controller. i • Claims for battery warranty replacement require specific testing,as specified by the TSV Customer Care/Warranty Department.The Company,or an authorized Company dealer or distributor,should be contacted to obtain a copy of the required tests,which must be performed and corrected for temperature,based upon BCI(Battery Council International)recommendations. N • NON-FACTORY INSTALLED PARTS OR ACCESSORIES INSTALLED DIRECTLY TO LESS THAN THE COMPLETE VEHICLE BATTERY PACK WILL VOID THE r WARRANTY FOR THE ENTIRE BATTERY PACK. L • ALL NON-FACTORY INSTALLED ACCESSORIES REQUIRE THE INSTALLATION AND USE OF A COMPANY APPROVED DC TO DC CONVERTER THAT USES M U ENERGY FROM ALL BATTERIES. 4- • Electric Vehicle storage facilities must provide the following: O • ample electrical power to charge all Vehicles and allow the charger to shut off automatically; • battery chargers must each have an independent dedicated 15 amp circuit; • each battery charger must be connected to Its circuit with at minimum a NEMA 15-SR three-pin receptacle; y • five(5)air exchanges per hour in the charging facility; L • If the facility utilizes an electrical energy management system,the timer must be set to have available fourteen(14)hours of electricity;and ; • one(1)functional charger for each Vehicle in the fleet with a proper electrical supply as specified above. OTHER COMPANY RIGHTS: • Company may perform vehicle inspections(directly or through assigned E-Z-GO representatives)through the term of the warranty period. M • Company may improve,modify or change the design of any Company vehicle,part or battery charger without being responsible to modify previously CO manufactured vehicles,parts or battery chargers. N • Company may audit and inspect the Purchaser's facility,maintenance records and Its Vehicles by a Company representatives prior to approving a warranty claim and may contract with a third parry to evaluate the Purchaser's storage facilities,fuel storage tanks and/or batteries. N 0) • THE WARRANTY FOR ALL VEHICLES IN A FLEET SHALL BE VOIDED IF DATA SUBMITTED FOR AN INDIVIDUAL VEHICLE WARRANTY CLAIM CONTAINS , AUTHORITY: No Company employee,dealer,distributor or representative,or any other person,has any authority to bind the Company beyond the IB terms of this Limited Warranty without the express written approval of the TSV Customer Care/Warranty Department. i R EMISSIONS CONTROL WARRANTY: The Vehicle may also be subject to an emissions control warranty,as required by the U.S.Environmental Protection Agency ?> and California Air Resources Board,which is provided In a separate Statement with the Vehicle. m r-+ t X W C E L v R r Q FOR FURTHER INFORMATION,CALL 1-800-774-3946,GO TO EZGO.TXTSV.COM,OR WRITE TO TSV DIVISION OF TEXTRON INC.,ATTENTION: TSV CUSTOMER CARE/WARRANTY DEPARTMENT,1451 MARVIN GRIFFIN ROAD,AUGUSTA,GEORGIA 30906 USA. TSV P/N 646S34G21 Packet Pg. 289 8.F.c MODEL YEAR 2021 Limited Warranty Terms and Conditions- E-I-G0 Non-Fleet Vehicles The Textron Specialized Vehicles(TSV)Division of Textron Inc.("Company")provides that any new Model Year 2021 E-Z-GO non-fleet gasoline or electric vehicle N (the"Vehicle")and/or battery charger purchased from Company,a Company affiliate,or an authorized Company dealer or distributor,or leased from a leasing company approved by Company,shall be free from defects in material or workmanship under normal use and service(the"Umited Warranty").This Limited y Warranty with respect only to parts and labor is extended to the Original Retail Purchaser or the Original Retail Lessee("Purchaser")for defects reported to E Company no later than the following warranty periods for the Vehicle parts and components set forth below(the"Warranty Period"): 0) 0) L Vehicle WarrantyPeriod Q FREEDOM RXV OR FREEDOM TXT GAS OR ELECTRIC VEHICLE N FRAME-WORKMANSHIP I N Lifetime O BATTERY--GAS MDOM 2 years 0) ENGINE—GAS MODELS 3 years ALL E-Z-GOOPTIONS AND ACCESSORIES—supplied by the company at time of purchase 2 years ALL OTHER COMPONENTS—supplied by the company at time of purchase 3 years V SHUTTLE,TERRAIN AND EXPRESS VEHICLES: ALL PARTS AND COMPONENTS UNLESS OTHERWISE NOTED 2 ears ra C ALL GAS OR ELECTRIC VEHICLES INITIALADJUSTMENTS—ALL VEHICLES—Initial all nment,adjustments,fastenerretightening 90days 'p LEAD ACID DEEP CYCLE BATTERY—ELECTRIC FREEDOM MODELS Earlier of 3 ears or 23,000 amp hours` `Added electrical components not part of original Vehicle drive system equipment that consume equal to or more than.4 amps shall reduce the amp hour battery warranty by fifteen percent(15%). Added electrical components not part of original Vehicle drive system equipment that consume less than.4 d amps shall reduce the amp hour battery warranty by ten percent(10%). See reverse for orherbottery warranty flmitations,conditions and exceptions. 0) The Warranty Period for all parts and components of the Vehicle other than Lead Acld Deep Cycle Batteries shall commence on the date of delivery to the original Purchaser's location or the date on which the Vehicle is placed in Purchaser-requested storage. Cn Q The Warranty Period for Deep Cycle Batteries shall commence on the earliest of the date of: (D • Vehicle delivery to the original Purchaser's location, N • on which the Vehicle Is placed in original Purchaser-requested storage or • that is one(1)year from the date of original sale or lease of the Vehicle by Company to an authorized Company dealer or distributor. L R Parts repaired or replaced under this Limited Warranty are warranted for the remainder of the length of the Warranty Period.This Limited Warranty applies only L) to the Purchaser and not to any subsequent purchaser or lessee without the prior written approval of the TSV Customer Care/Warranty Department. O EXCLUSIONS:Specifically EXCLUDED from this Limited Warranty are: 'CS • routine maintenance items,normal wear and tear,cosmetic deterioration or electrical components damaged as a result of fluctuations N In electric current; • damage to or deterioration of a Vehicle,part or battery charger resulting from inadequate maintenance,neglect,abuse,accident or collision; • damage resulting from installation or use of parts or accessories not approved by Company,including but not limited to subsequent failures of the Vehicle,other parts or the battery charger due to the installation and/or use of parts and accessories not approved M by Company; 00 • warranty repairs made by other than a Company branch or an authorized and qualified Dealer designee.Warranty repairs by other than N a Company branch or an authorized and qualified Dealer or designee shall void the Limited Warranty; .. • damage or loss resulting from acts of nature,vandalism,theft,war or other events over which Company has no control; N any and all expenses incurred in transporting the Vehicle to and from the Company or an authorized and qualified Dealer,distributor 0) r or designee for warranty service or in performing field warranty service;and • any and all expenses,fees or duties incurred relative to inbound freight,importation,or customs. i L THIS LIMITED WARRANTY MAY BE VOIDED OR LIMITED AT THE SOLE DISCRETION OF COMPANY IF THE VEHICLE AND/OR BATTERY M CHARGER: • shows indications that routine maintenance was not performed per the Owner's Manual,Including but not limited to proper tire inflation,lack m of charging,inadequate lead add battery watering,use of contaminated water,loose battery hold downs,corroded battery cables and loose battery . terminals; Z • lacks an adequate number of operating battery chargers,uses unapproved battery chargers for the vehicle or uses extension cords with battery K chargers; LU • is fueled with unleaded gasoline containing more than 10%ethanol,E85 ethanol fuel or other non-recommended fuels,contaminated gasoline or other non-recommended lubricants; • shows indications that the speed governor was adjusted or modified to permit the Vehicle to operate beyond Company specifications; • shows indications it has been altered or modified in any way from Company specifications,including but not limited to alterations to the speed t braking system,electrical system,passenger capacity or seating; R • has non-Company approved electrical accessories or electrical energy consuming devices installed on a gasoline powered Vehicle without r installation of a heavy duty 12V battery;or Q FOR FURTHER INFORMATION,CALL 1-800-774-3946,GO TO TSV.COM,OR WRITE TO TSV DIVISION OF TEXTRON INC.,ATTENTION:TSV CUSTOMER CARE/WARRANTY DEPARTMENT,14S1 MARVIN GRIFFIN ROAD,AUGUSTA,GEORGIA 30906 USA. TSV P/N 646530G21 Packet Pg. 290 8.F.c MODEL YEAR 2021 • is equipped with non-standard tires not approved by Company. USE OF NON-APPROVED COMPANY PARTS AND ACCESSORIES: THIS LIMITED WARRANTY IS VOID WITH RESPECT TO ANY PROPERTY DAMAGE OR ADDITIONAL ENERGY CONSUMPTION ARISING FROM OR RELATED TO PARTS OR ACCESSORIES NOT MANUFACTURED OR AUTHORIZED BY COMPANY,OR WHICH WERE NOT INSTALLED BY COMPANY, ITS DEALERS OR DISTRIBUTORS, INCLUDING BUT NOT LIMITED TO GPS SYSTEMS,COOLING AND HEATING SYSTEMS,COMMUNICATION SYSTEMS,INFORMATION SYSTEMS,OR OTHER FORMS OF ENERGY CONSUMING DEVICES W IRED DIRECTLY OR INDIRECTLY TO THE VEHICLE BATTERIES. jp REMEDY:Purchasers sole and exclusive remedy under this Limited Warranty in the event of a defect in material or workmanship in the Vehicle,any part 41 or component,or battery charger during the applicable Warranty Period Is that company will,at its sole option,repair or replace any defective parts.If Company elects to repair or replace a defective part,Company may at Its discretion provide a factory reconditioned part or new component from an alternate GJ supplier.All replaced parts become the sole property of Company.This exclusive remedy will not be deemed to have failed of its essential purpose so long as i COMPANY has made reasonable efforts to repair or replace the defective parts. a DISCLAIMER:THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED FOR THE VEHICLES AND BATTERY CHARGER AND IS MADE IN N LIEU OF ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,ALL SUCHOTHER WARRANTIES BEING EXPLICITLY DISCLAIMED. J CA LIABILITY LIMITATIONS:IN NO CASE SHALL COMPANY BE LIABLE FOR INDIRECT,INCIDENTAL,SPECIAL,PUNITIVE OR CONSEQUENTIAL DAMAGES,INCLUDING BUT NOT LIMITED TO DEATH,PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM OR RELATED TO ANY ALLEGED FAILURE IN A VEHICLE OR BATTERY V CHARGER,OR ANY DAMAGE OR LOSS TO THE PURCHASER OR ANY THIRD PARTY FOR LOST TIME,INCONVENIENCE OR ANY ECONOMIC LOSS,WHETHER OR R NOT COMPANY WAS APPRISED OF THE FORSEEABILITY OF SUCH DAMAGES OR LOSSES. THE RIGHT OF PURCHASER TO RECOVER DAMAGES WITHIN THE LIMITATIONS SET FORTH IN THIS SECTION IS PURCHASER'S EXCLUSIVE ALTERNATIVE REMEDY IF THE LIMITED REMEDY OF REPAIR OR REPLACEMENT OF THE LL VEHICLE FAILS OF ITS ESSENTIAL PURPOSE.THE PARTIES AGREE THAT THIS ALTERNATIVE REMEDY WILL BE ENFORCEABLE EVEN IF THE LIMITED REMEDY OF REPAIR OR REPLACEMENT FAILS OF ITS ESSENTIAL PURPOSE.ANY LEGAL CLAIM OR ACTION ARISING THAT ALLEGES BREACH OF WARRANTY MUST BE BROUGHT M WITHIN THREE(3)MONTHS FROM THE DATE THE WARRANTY CLAIM ARISES.THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL DAMAGES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST,SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. E d WARNING:ANY MODIFICATION OR CHANGE TO THE VEHICLE OR BATTERY CHARGER WHICH ALTERS THE WEIGHT DISTRIBUTION OR STABILITY OF THE i VEHICLE, INCREASES THE VEHICLE'S SPEED, OR ALTERS THE OUTPUT OF THE BATTERY CHARGER BEYOND FACTORY SPECIFICATIONS, CAN RESULT IN PROPERTY DAMAGE,PERSONAL INJURY OR DEATH. DO NOT MAKE ANY SUCH MODIFICATIONSOR CHANGES. SUCH MODIFICATIONS OR CHANGES WILL VOID THE LIMITED WARRANTY. COMPANY DISCLAIMS RESPONSIBILITY FOR ANY SUCH MODIFICATIONS, CHANGES OR ALTERATIONS WHICH WOULD N ADVERSELY IMPACTTHE SAFE OPERATION OF THE VEHICLE OR BATTERY CHARGER. r L DEEP CYCLE BATTERY WARRANTY LIMITATIONS,CONDITIONS AND EXCEPTIONS: R U • The amp hour Warranty Period for electric Vehicle batteries is as recorded by the Vehicle's controller. ,- • Claims for battery warranty replacement require specific testing,as specified by the Company Customer Care/Warranty Department.Company,or p an authorized Company dealer or distributor,should be contacted to obtain a copy of the required tests,which must be performed and corrected (� for temperature,based upon BCI(Battery Council International)recommendations. • NON-FACTORY INSTALLED PARTS OR ACCESSORIES INSTALLED DIRECTLY TO LESS THAN THE COMPLETE VEHICLE BATTERY PACK WILL VOID THE WARRANTY FOR THE ENTIRE BATTERY PACK. • ALL NON-FACTORY INSTALLED ACCESSORIES REQUIRE THE INSTALLATION AND USE OF AN COMPANY APPROVED DC TO DC CONVERTER THAT L 41 USES ENERGY FROM ALL BATTERIES. • Electric Vehicle storage facilities must provide the following: • ample electrical power to charge all Vehicles and allow the charger to shut off automatically; M • battery chargers must each have an independent dedicated 15 amp circuit; co • each battery charger must be connected to its circuit with at minimum a NEMA 15-SR three-pin receptacle; N • five(5)air exchanges per hour in the charging facility; • if the facility utilizes an electrical energy management system,the timer must be set to have available fourteen(14)hours of electricity;and d • one(1)functional charger for each Vehicle with a proper electrical supply as specified above. , C IB OTHER COMPANY RIGHTS: i R • Company may perform semi-annual vehicle Inspections(directly or through assigned Company representatives)through the term of any lease. • Company may improve,modify or change the design of any Company vehicle,part or battery charger without being responsible to modify previously ' m manufactured vehicles,parts or battery chargers. r-+ • Company may audit and inspect the Purchaser's facility,maintenance records and its Vehicles by Company representatives prior to approving a warranty claim and may contract with a third party to evaluate the Purchaser's storage facilities,fuel storage tanks and/or batteries. X AUTHORITY: No Company employee,dealer,distributor or representative,or any other person,has any authority to bind COMPANY beyond the terms of this LU Limited Warranty without the express written approval of the TSV Customer Care/Warranty Department. C EMISSIONS CONTROL WARRANTY: The Vehicle may also be subject to an emissions control warranty,as required by the U.S.Environmental Protection Agency E and California Air Resources Board,which is provided in a separate Statement with the Vehicle. V M r r Q FOR FURTHER INFORMATION,CALL 1-1300-774-3946,GO TO TSV.COM,OR WRITE TO TSV DIVISION OF TEXTRON INC.,ATTENTION:TSV CUSTOMER CARE/WARRANTY DEPARTMENT,1451 MARVIN GRIFFIN ROAD,AUGUSTA,GEORGIA 30906 USA. TSV P/N 64653OG21 Packet Pg. 291 8.F.d EXHIBIT C INSURANCE REQUIREMENTS No Insurance is required for this Contract or Agreement. r c a� E a� L Q J C C R C LL C r C d E N L Q d L U 0 c m L M Cn N N V C f� L K LU E V Q Packet Pg. 292 IN I Huntington AGREEMENT (EQUIPMENT RENTAL ov This"Lease":Lease Agreement Number 008-0742593-100 Dated June 9,2021 "Lessee" J City of Kent,Washington,220 Fourth Ave.S,Kent,WA 98032 Fax: E-mail: E "Lessor" R The Huntington National Bank,1405 Xenium Lane North PCC180 ,Plymouth,MN 55441 5 Fax:319-833-4577 E-mail:customerserAce financediv.com u_ c cv Number of Rental Payments Rental Payments Advances E to ov During a 48 month term that shall be based on the 48 date Lessor pays the Equipment supplier,a Q monthly payment of$5,114.88 (the"Standard Payment")is due beginning March,2022 and each March,April,May,June,July,August, September V and October thereafter until a total of 32 Standard Payments have been made. A payment of$0.00 is 6 due each November,December,January and First:$0.00 February for a total of 16$0 Payment Months. Last:$0.00 ov The Total Number of Rental Payments includes Total:$0.00 both the Standard Payment Months and the$0 Payment Months. The first due date for a W "Standard Payment"will be determined by Lessor once it pays the Equipment supplier and the Lessee 00 has provided a written acknowledgement of its acceptance of the Equipment. 00 (Plus any applicable taxes c EQUIPMENT LOCATION&DESCRIPTION: MAXIMUM HOURS: o 2019 W Meeker St,Kent,WA 98032: z (36)2022 E-Z-GO RXV Elite Lithium Golf Cars together with all attachments and N/A r_ accessories thereto a� c TERMS AND CONDITIONS--READ CAREFULLY BEFORE SIGNING c 1. RENTAL: Lessor rents to Lessee and Lessee rents from Lessor the equipment,furniture,fixtures,machinery,inventory,goods and software,a _ such terms are defined under the Uniform Commercial Code("UCC"),described above and in any schedule made a part hereof,together with al oa replacements, replacement parts, repairs, returns, substitutions, additions, accessories, and accessions incorporated therein or attached thereto (collectively, "Equipment"),upon the terms and conditions set forth herein. The parties intend this Lease to be governed by Article 2A of the UCC. Pursuant to Article 2A, Lessee is entitled to the promises and warranties, including those of any third party,provided to Lessor by thi '3 Equipment supplier. Lessee may contact the Equipment supplier and receive an accurate and complete statement of the promises and warranties including any disclaimers and limitations of them or of remedies. _ tv 2. PAYMENTS: Other than as set forth in a rider hereto,rental payments are due monthly,beginning the date designated by Lessor and continuing E on the same day of each month as provided for in the above Rental Payment schedule.Lessor may change the payment only with Lessee's written agreement through an amendment to this Lease. 3. EQUIPMENT ACCEPTANCE:Lessee shall have accepted the Equipment for purposes of this Lease upon Lessee's delivery of a signed deliver Q and acceptance certificate to Lessor signed by an authorized representative of Lessee. Lessee represents that any agent of Lessee who verifie N delivery and acceptance of the Equipment by signing a writing acknowledging delivery and acceptance has actual authority to do so. Upon thi m parties'mutual acceptance of this Lease,THIS LEASE SHALL BE NON-CANCELABLE,and Lessee's obligations hereunder shall not abate to any reason other than as provided for in this Lease. L 4. DISCLAIMER OF WARRANTIES: AS BETWEEN LESSOR AND LESSEE, THE EQUIPMENT IS BEING RENTED IN "AS IS' CONDITION,PROVIDED HOWEVER,THAT LESSEE'S ACKNOWLEDGEMENT OF LESSOR'S WAIVER OF WARRANTIES UNDEI THIS LEASE SHALL NOT IN ANY WAY IMPACT OR AFFECT ANY WARRANTIES,EXPRESS OR IMPLIED,BETWEEN LESSEE ANI THE EQUIPMENT SUPPLIER OR VENDOR. LESSEE AGREES THAT LESSOR IS NOT THE MANUFACTURER OR SUPPLIER OF THI E EQUIPMENT. LESSEE HAS SELECTED THE EQUIPMENT BASED UPON ITS OWN JUDGMENT AND ACKNOWLEDGES THA' v LESSOR HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, DIRECT Of INDIRECT,EXPRESS OR IMPLIED,AS TO THE SUITABILITY,DURABILITY,DESIGN,OPERATION OR CONDITION OF THI Q EQUIPMENT,ITS MERCHANTABILITY,FITNESS FOR USE FOR ANY PARTICULAR PURPOSE,OR OTHERWISE.No broker, equipment supplier,or other person(other than an employee of Lessor)is an agent of Lessor. Packet Pg. 293 Golf RentalAgreement_Muni ver.03.22.21 444464 12/17/2021 9:03 AM 8.F.e 5. GOVERNING LAW; VENUE OF LITIGATION: THIS LEASE, AND ALL MATTERS ARISING FROM THIS , INCLUDING ALL INTEREST AND FINANCE CHARGES HEREUNDER, SHALL IN ALL RESPECTS BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON. TO THE EXTENT PERMITTED BY LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO A JURY TRIAL. THE PARTIES MA) ENFORCE THIS LEASE IN ANY STATE OR FEDERAL COURT LOCATED IN THE STATE OF WASHINGTON HAVINC LAWFUL JURISDICTION THEREOF. 6. SECURITY AGREEMENT: In the event this Lease is determined to be governed by Article 9 of the UCC, Lessee hereby grants Lessor; 0) security interest in all Equipment financed by or rented from Lessor,of any kind or nature whatsoever,wherever located,whether now owned o = v hereafter acquired,and all returns,repossessions,substitutions,replacement parts,accessories,and accessions thereto and thereof,and all proceed thereof,to secure all present and future obligations of Lessee to Lessor,of every type and description and howsoever evidenced.This Lease shal c be construed so that interest,the applicable interest rate and other charges shall not exceed that allowed by applicable law,and any payment tha U- otherwise would be deemed unlawful will be applied first to prepay principal and then refunded to Lessee. 7. APPOINTMENT OF ATTORNEY IN FACT: Lessee authorizes Lessor, its successors and assigns to cause this Lease, or any othe document(s)showing the interest of Lessor,including but not limited to UCC financing statements,to be authenticated and filed or recorded. Il addition, Lessee appoints Lessor, its successors and assigns, as Lessee's attorney-in-fact (1)to arrange for property damage coverage under; E policy of insurance and to transmit Lessee's premium payments to the insurer on behalf of Lessee in the event that Lessee fails to insure thl y Equipment as required under Section 12,(2)to deal with and to direct said insurer as to any matter concerning the claim for,disposition of,and/o tm application of proceeds from any policy of insurance,and(3)to receive payments and execute and endorse all documents,checks,drafts,or othe Q instruments necessary or advisable to secure payments due under any policy of insurance. These appointments and authorizations shall bi m continuous. Nothing in this paragraph shall relieve Lessee of its duty to procure required insurance, to make timely insurance claims, and t( otherwise cooperate with insurance carriers and Lessor in seeking insurance coverage and recoveries. 8. UNCONDITIONAL OBLIGATION: Except in the event of termination under Section 19 for non-appropriation, Lessee agrees to bi unconditionally obligated to pay all payments and other amounts due hereunder no matter what happens, even if the Equipment is damaged o p destroyed,if it is defective,if Lessee no longer can use it,or if the manufacturer or supplier ceases doing business or cannot service and/or suppor 0 the Equipment,and irrespective of any set-off,counterclaim,defense,or other right which Lessee may have against Lessor or any other person. 9. USE: Lessee agrees that the Equipment will be used for business purposes only and such use shall be in compliance with all applicable laws 4) Lessee shall maintain the Equipment in good repair and working order at Lessee's sole expense. m 10.TAXES: Lessee agrees to pay all taxes,fees,and governmental charges related to this Lease,which during the term of this Lease or at any timl thereafter may be imposed.If Lessor pays any of the above for Lessee,Lessee agrees to reimburse Lessor on demand,plus interest. Lessor shal not be obligated to contest any valuation of or tax imposed on the Equipment or this Lease. 11.INDEMNITY: To the extent permitted by law,Lessor is not responsible for any losses or injuries caused by the Equipment. Lessee agrees t( N indemnify Lessor with respect to all claims for losses imposed on,incurred by,or asserted against Lessor,including attorneys'fees and expense plus interest, where such claims arise or are caused by Lessee's negligence, and Lessee agrees to obtain indemnification from the Equipmen supplier to indemnify Lessor for claims related to the Equipment that are not attributable to the Lessee's negligence. Further, Lessee shall, i m requested by Lessor, defend Lessor against any claims for losses or injuries caused by the Lessee's negligent performance of this Lease. Thi provision shall survive the cancellation,termination or expiration of this Lease. c 12.INSURANCE: Lessee shall keep the Equipment insured against loss for not less than its replacement cost or such greater amount as may bi prescribed by any applicable state law specifying minimum insurance requirements,and shall carry public liability insurance,both personal injur Z and property damage. Lessee shall name Lessor as an additional insured and as loss payee. If Lessee fails to procure insurance,Lessor may obtaii r- same and pay the amount due thereon as provided for under Section 7 of this Lease and Lessee shall reimburse Lessor upon demand and, i required by Lessor,shall pay interest on such sums due and owing at a rate of up to 18%per annum,but in no event more than the maximum rats permitted by law.With respect to any policy obtained by Lessor under Section 7,Lessor may charge a monthly administrative fee. Any insurance proceeds received with respect to the Equipment will be applied, at the option of Lessor,to repair,restore, or replace the Equipment, or to pa, _ Lessor the remaining balance and any other amounts payable hereunder. y 13.LATE CHARGES: If Lessee is delinquent in paying any sum due,Lessee shall pay a charge to offset collection expenses on such delinquen payment of$25.00 or an amount of up to ten percent(10%)of the payment amount that is past due,whichever is greater,but in no event more t than allowed by applicable law.In addition,Lessor will impose a surcharge of up to$30 or the maximum allowed under applicable law for an, 3 dishonored payment. rn 14.DEFAULT: Any of the following constitute default:(1)Lessee fails to pay any sum due Lessor;(2)Lessee fails to observe or perform any othe c term of this Lease; (3)Lessee encumbers or disposes of the Equipment without Lessor's written consent; (4)The filing by or against Lessee o E any guarantor of Lessee's obligations to Lessor ("Guarantor") of a petition under the Bankruptcy Code or any other insolvency law; (5) The m voluntary or involuntary commencement of any formal or informal proceeding for dissolution,liquidation,settlement of claims against or windinj 2 up of Lessee's or a Guarantor's affairs,or Lessee or a Guarantor,if applicable,ceases doing business of going concern;(6)Any representation o Q warranty made by Lessee or a Guarantor in connection herewith proves to have been materially misleading; (7)Lessee is in default under an, N other contract or agreement with Lessor;(8)any Guarantor repudiates or attempts to revoke any guaranty of Lessee's obligations to Lessor relate( to this Lease. J 15.REMEDIES: Upon an occurrence of default,Lessor may exercise one or more of the following remedies: (1)Declare due,sue for,and receive d from Lessee the sum of all payments and other amounts then due and owing in the current fiscal year under this Lease or any schedule hereto,(2 Require Lessee to return the Equipment at its own expense to any reasonable location Lessor designates;(3)Cancel or terminate this Lease or an, other agreement between Lessee and Lessor;(4)Charge Lessee interest on all monies due hereunder from and after the date of default at the rat, of 18%per annum,compounded monthly until paid in full,but in no event more than the maximum rate permitted by law;(5)Charge Lessee fo any other amounts provided for in this Lease. In addition,Lessor may use any other remedies available to it under applicable law.These remedie v will be applied,to the extent allowed by law,cumulatively. No delay in exercising any right or remedy shall operate as a waiver of any right o remedy or modify the terms of this Lease.A waiver of default shall not be construed as a waiver of any other or subsequent default.In addition t( Q all of Lessor's other rights and remedies, Lessee agrees to pay Lessor all costs and expenses, including attorneys' fees, incurred by Lessor ii Packet Pg. 294 Golf RentalAgreement_Muni ver.03.22.21 444464 12/17/2021 9:03 AM Page 2 of 5 8.F.e exercising or attempting to exercise any of its rights or remedies. If appropriate in the circumstances,remedies will include those availaDle un er Article 9 of the UCC. 16.ASSIGNMENT: Lessee may not sublet,lend,assign,or pledge this Lease,the Equipment,or any interest in either,or permit any lien or securit, interest thereon.Upon notice and acceptance by Lessee,which acceptance shall not be unreasonably withheld,any and all of Lessor's interest an( rights in the Equipment and under this Lease may be assigned,pledged,or otherwise disposed of.Each assignee shall be entitled to exercise al U) rights and remedies of Lessor with respect to any and all obligations assigned to such assignee,and all references herein to"Lessor"shall include J Lessor's assignee,except that said assignee shall not be chargeable with any obligations or liabilities of Lessor hereunder.Lessee will not asser against Lessor's assignee any defense, counterclaim or setoff on account of breach of warranty or otherwise in any action for payment or fo = possession brought by Lessor's assignee.Any assignment of this Lease by Lessee,whether or not permitted by Lessor,shall not release Lessee from its obligations hereunder. _ 17.RETURN OF EQUIPMENT: At the end of the original term of this Lease,or if this Lease is terminated under Section 19,Lessee must retun j,i the Equipment at its own expense,to Lessor or to a third-party designated by Lessor, and as applicable, the following must be true: All safet c equipment must be in place and meet applicable federal,state and other governmental standards;All covers and guards must be in place with nc m sheet metal, plastic or cowling damage; All parts, pieces, components and optional equipment must be present, installed and operational; A] accessories shall be returned in proper order;All motors shall operate smoothly without overheating and shall have good bearings and bushings All electronic controls shall operate per manufacturers' specifications; Controls which bypass normal operations shall be repaired at Lessee' d expense; All electrical systems shall be able to provide electrical output as specified by the manufacturer; All batteries shall be in good, safe operating condition with no dead cells or cracked cases;Batteries shall hold a charge and provide adequate power to operate the Equipment;Al Q Equipment shall have serviceable tires, with 50%remaining tread,retaining proper air pressure, and without repair patches;All oil and grease N seals must contain lubrication in the manufacturer's designed reservoir;All Equipment must have a relatively clean appearance;All Equipmen M must be free from excessive wear necessitating major component repair or replacement caused by lack of recommended maintenance detailed it t Equipment operation/maintenance manuals; All Equipment shall be free from structural damage or bent frames;Any usage or metering device V must not have been altered in any way;All Equipment attachments,if any,must be in good operating condition;All hydraulic cylinders must no G be bent,nicked,gouged or leaking.If the Equipment is an electric golf car,then in addition to the above return provisions:(i)the golf car must be able to transport two(2)people and their golf clubs;(ii)all batteries and battery terminals must be clean,free of corrosion and have proper batter c water levels;and(iii)each golf car must include operable battery chargers.Additionally, all Equipment must be able to complete the following (D tests: operate normally in forward and reverse directions through all its speed ranges or gears, steer normally right and left in both forward an( reverse,have all functions and controls work in a normal manner,be able to stop with its service brakes in a safe distance in both forward an( > reverse,operate without leaking any fluids,perform its designed functions in a satisfactory manner, and all cutting units(if applicable)must be able to lower,turn on,run,raise and shut off as they are designed to do. If any Equipment is damaged or does not meet the standards set fort] above for the return condition of such Equipment or if Lessee fails to discharge Lessee's obligations set forth under this Lease with regard to an, 00 Equipment,Lessee shall remit to Lessor,immediately upon demand,the Stipulated Loss Value of such Equipment.The"Stipulated Loss Value for a particular piece of Equipment shall be an amount equal to: (i)the total of all monthly payments and other amounts, if any, due under thi --c Lease with respect to such Equipment as of the date of payment of the Stipulated Loss Value,plus(ii)all rent not yet due for the Equipment fo the remaining term of this Lease,discounted from their respective due dates at the rate of 3%per annum,plus(iii)the Equipment's"Anticipate( m Residual Value"as determined by Lessor's books as of the date of this Lease.Return Condition Standards applicable when the Equipment is Gol Cars. The Return Condition Standards for golf cars are as follows: (a) Equipment must start, stop, and turn properly; (b) Mechanically, al o Equipment must be in operable condition upon return and capable of being driven onto a transporter; (c) Cosmetically, all Equipment an( cc component parts are to be returned operable and complete according to the original state,reasonable wear and tear expected; (d)All equipmen Z shall have serviceable tires,with 50%remaining tread,retaining proper air pressure,and without repair patches; (e)All gauges will be operative o and all fluid levels to manufacturer's specifications;and,(f)if the Equipment is an electric golf car,then in addition to the other Return Conditiol = Standards: (i)the golf car must be able to transport two(2)people and their golf clubs;(ii)all batteries and battery terminals must be clean,free of corrosion and have proper battery water levels; and, (iii)each golf car must include operable battery chargers. Any missing Equipment an( parts or damage to the Equipment will result in a separate billing at replacement cost or fair market value. Failure to do so,and at Lessor's soli _ discretion,is a default under this Lease,and in all cases will result in automatic conversion of this Lease to a month-to-month rental agreement of z the same terms. Conversion to a month-to-month rental agreement shall not operate to waive any of Lessor's rights herein. ~ 18.REPRESENTATIONS AND WARRANTIES: Lessee represents and warrants to Lessor that as of the date hereof,and throughout the term o the Lease: (a) Lessee is a political subdivision of the state or commonwealth in which it is located and is organized and existing under thi N constitution and laws of such state or commonwealth;(b)Lessee has complied,and will comply,fully with all applicable laws,rules,ordinances = and regulations governing open meetings, public bidding and appropriations required in connection with the Lease, the performance of it E obligations under the Lease and the acquisition and use of the Equipment;(c)the person(s)signing the Lease and any other documents require( m to be delivered in connection with the Lease(collectively,the"Documents")have the authority to do so,are acting with the full authorization o L Lessee's governing body,and hold the offices indicated below their signatures,each of which are genuine;(d)the Documents are and will remail Q valid, legal and binding Leases, and are and will remain enforceable against Lessee in accordance with their terms; and (e) the Equipment i d essential to the immediate performance of a governmental or proprietary function by Lessee within the scope of its authority and will be use( during the term of the Lease only by Lessee and only to perform such function. Lessee further represents and warrants to Lessor that,as of thi J date each item of Equipment becomes subject to the Lease and any applicable schedule,it has funds available to pay all Lease payments payable d thereunder until the end of Lessee's then current fiscal year and will request future appropriations sufficient to fulfill Lessee's obligations unde this Lease. 19.TERMINATION FOR GOVERNMENTAL NON-APPROPRIATIONS: To the extent permitted by applicable law,Lessee agrees to take al necessary and timely action during the Lease term to obtain and maintain funds appropriations sufficient to satisfy its payment obligations unde the Lease (the "Obligations"), including, without limitation, providing for the Obligations in each budget submitted to obtain applicable s appropriations, causing approval of such budget, and exhausting all available reviews and appeals if an appropriation sufficient to satisfy the Obligations is not made.Notwithstanding anything to the contrary provided in the Lease,if Lessee does not appropriate funds sufficient to make all payments due during any fiscal year under the Lease and Lessee does not otherwise have funds available to lawfully pay the Lease payment: Q (a"Non-Appropriation Event"),and provided Lessee is not in default of any of Lessee's obligations under this Lease as of the effective date of such termination,Lessee may terminate this Lease effective as of the end of Lessee's last funded fiscal year("Termination Date")without liab1 it Packet Pg. 295 Golf RentalAgreement_Muni ver.03.22.21 444464 12/17/2021 9:03 AM Page 3 of 5 8.F.e for future payments or the early termination charge under this Lease, if any, by giving at least 60 days' prior written notice of termma ion ("Termination Notice")to Lessor.If Lessee terminates the Lease prior to the expiration of the end of the original term of this Lease as permitted under the terms of this Lease or as set forth herein or in any schedule,Lessee shall(i)on or before the Termination Date,return the Equipmen subject to the terminated Lease in accordance with the return requirements set forth in this Lease, (ii) provide in the Termination Notice ; certification of a responsible official that a Non-Appropriation Event has occurred,(iii)deliver to Lessor,upon request by Lessor,an opinion o w Lessee's counsel(addressed to Lessor)verifying that the Non-Appropriation Event as set forth in the Termination Notice has occurred, and(iv d pay Lessor all sums payable to Lessor under this Lease up to and including the Termination Date. Lessee acknowledges and agrees that, in the event of the termination of this Lease and the return of the Equipment as provided for herein, Lessee shall have no interest whatsoever in the = Equipment or proceeds thereof and Lessor shall be entitled to retain for its own account the proceeds resulting from any disposition or re-leasing of the Equipment along with any advance rentals,security deposits or other sums previously paid by Lessee pursuant to the terms of the Lease. _ 20.DELIVERY OF CERTAIN DOCUMENTS AND RELATED REQUIREMENTS: Lessee will execute or provide, as requested by Lessor annual budget and financial information and such other documents and information, including an opinion of Lessee's counsel as to the validit c and enforceability of this Lease,as are reasonably necessary with respect to the transaction contemplated by this Lease. If Lessee is a"Registerec M Organization" (as such term is defined in the UCC), then Lessee will: (i) upon request of Lessor, provide copies of its applicable registerel c organization documents;and(ii)not change its legal name or its chief executive office or state of organization,without,in each case,giving Lesso E at least 30 days'prior written notice of any such event. d 21.EXCESS USAGE AND SUPPLEMENTAL RENTALS(APPLICABLE TO TURF CARE AND MAINTENANCE EQUIPMENT ONLY) L At the end of the original term of the Lease,Lessee shall remit to Lessor$5.00 per hour on each piece of Equipment that has hourly use in excel Q of the maximum hours as indicated above.Lessee shall remit such amounts within ten(10)days of Lessor's written demand.The hours of use o N a particular item of Equipment shall be determined by the hour meter attached to said Equipment,provided that such meter remains operable an( M accurate.If any such hour meter becomes inoperable or inaccurate,Lessee shall immediately repair or replace same,and shall immediately notif, t Lessor in writing of such event and of the correct hours of usage of such Equipment during the period of time the hour meter was inoperable o V inaccurate.Lessee shall promptly furnish Lessor such information as Lessor may reasonably request from time to time in order to document the G hours of usage of the Equipment. If this Lease terminates or is cancelled prior to the end of the original term of the Lease,then the Maximun 0 Hours specified above shall be reduced pro rata based on the number of months remaining in the current year or original term of the Lease, a. c applicable. m 22.LESSEE WAIVERS: To the extent permitted by law,Lessee waives all rights and remedies against Lessor provided by Article 2A of the UCC d All other rights and remedies available at law are expressly reserved and shall remain available to Lessee. Lessor will not be liable for specify > performance of this Lease or for any losses,damages,delay,or failure to deliver the Equipment. R 23.GENERAL: This Lease may,in Lessor's sole discretion,be delivered and/or reproduced by facsimile,optical scanning or other electronic mean ("e-copy")and such e-copy or a printed version thereof shall be enforceable as an original and admissible as such in any court or other proceeding 00 provided that there shall be only one original of this Lease and it shall bear the original ink or electronic signature of Lessor and be marke< 04 "Original."Each party's electronic signature on this Lease shall be unconditionally valid and legally enforceable, and each party agrees not tl --c contest the validity or enforceability of any electronic signature (or the authority of the electronic signer to sign). To the extent that this Leasi constitutes chattel paper(as that term is defined by the Uniform Commercial Code),a security or ownership interest intended to be created throng] m the transfer and possession of this Lease can be done only by the transfer of the "Original"bearing the original ink or electronic signature o Lessor;provided that,if the"Paper Out"process shall have occurred,or if there shall simultaneously exist both the"Paper Out"printed version O and an electronic version of this Lease,then the"Paper Out"printed version of such document bearing the legend"Original"applied by Lesso m shall constitute the sole chattel paper original and authoritative version. If Lessor permit Lessee to deliver this Lease or any related document ti Z Lessor via facsimile or other electronic means,Lessee shall deliver to Lessor,promptly on request,such document bearing Lessee's electronic or"we o ink"signature;provided that neither delivery nor failure to deliver the document bearing Lessee's electronic or"wet ink"signature shall limit or modi f = the representations and agreements set forth above.This Lease shall inure to the benefit of and is binding upon the parties and their heirs,persona representatives,successors,and assigns. This Lease represents the entire agreement between the parties,superseding all prior or contemporaneou negotiations,discussions,understandings,or agreements pertaining to the subject matter hereof. This Lease shall not be modified without botl = parties' written consent. If any provision of this Lease is deemed unenforceable, then such provision shall be deemed deleted and all othe z provisions of this Lease shall remain in full force and effect. Any written notice hereunder shall be deemed given when delivered personally deposited with a nationally recognized overnight courier (with all fees pre-paid), delivered via facsimile or e-mail (with confirmation o transmission),or deposited in the United States mails,certified or registered mail,addressed to recipient at its address set forth above or such othe 3 address as may be substituted therefor by notice given pursuant to the terms hereof.Lessee hereby agrees that Lessor,including its vendors,service c providers,partners,affiliates successors and assigns,may contact Lessee at any telephone number provided to Lessor,by placing voice telephone d calls(including use of automatic telephone dialing systems or prerecorded voice messaging).Lessee authorizes,and represents that all Lessee': m principals have authorized, Lessor to obtain such credit bureau reports and make such other credit inquiries with respect to Lessee and sucl L principals as Lessor deems appropriate throughout the term of this Lease. On written request,Lessor will identify any reporting agency used fo Q such a report. Lessee agrees that Lessor may receive from and disclose to other persons, including credit reporting agencies and respective d equipment vendors and suppliers, information about Lessee's accounts and credit experience.Lessee hereby authorizes any person to release tc Lessor credit experience and account information relating to Lessee.Lessee shall execute and deliver to Lessor such other documents and provide J such information,including information identifying the owners of Lessee and its affiliates and their respective ownership interests,as Lessor ma, reasonably deem necessary to comply with laws or regulations applicable to Lessor or Lessee,including laws and regulations requiring Lessor tt obtain Lessee's certification of its beneficial owner(s)prior to making payment(s)to Lessee during or after the term of this Lease.Under federa law,Lessor must obtain,verify and record identifying information for each person opening an account.Lessor will ask for Lessee's name,address date of birth and other identifying information.Lessor may also ask for Lessee's driver's license or other identifying documents.This Lease shal not be deemed terminated until Lessee has fulfilled all obligations herein.Time is of the essence for all purposes of this Lease. s v c� ADDITIONAL TERMS AND CONDITIONS Q Lessee acknowledges having read the terms and conditions printed above,and unconditionally agrees to same. Lessee requests that Lessor countersig this Lease and requests and hereby authorizes Lessor to pay the Equipment vendor/manufacturer. Packet Pg. 296 Golf RentalAgreement_Muni ver.03.22.21 444464 12/17/2021 9:03 AM Page 4 of 5 IN I Huntington AGREEMENT (EQUIPMENT RENTAL ov This"Lease":Lease Agreement Number 008-0742593-101 Dated June 9,2021 "Lessee" J City of Kent,Washington,220 Fourth Ave.S,Kent,WA 98032 Fax: E-mail: E "Lessor" R The Huntington National Bank,1405 Xenium Lane North PCC180 ,Plymouth,MN 55441 5 Fax:319-833-4577 E-mail:customerserAce financediv.com u_ c cv Number of Rental Payments Rental Payments Advances E to ov During a 48 month term that shall be based on the 48 date Lessor pays the Equipment supplier,a Q monthly payment of$4,392.36(the"Standard Payment")is due beginning March,2022 and each March,April,May,June,July,August, September V and October thereafter until a total of 32 Standard Payments have been made. A payment of$0.00 is 6 due each November,December,January and First:$0.00 February for a total of 16$0 Payment Months. Last:$0.00 ov The Total Number of Rental Payments includes Total:$0.00 both the Standard Payment Months and the$0 Payment Months. The first due date for a W "Standard Payment"will be determined by Lessor once it pays the Equipment supplier and the Lessee 00 has provided a written acknowledgement of its acceptance of the Equipment. 00 (Plus any applicable taxes c EQUIPMENT LOCATION&DESCRIPTION: MAXIMUM HOURS: o 2019 W Meeker St,Kent,WA 98032: z (36)2022 E-Z-GO RXV Gas Golf Cars together with all attachments and accessories N/A r_ thereto a� c TERMS AND CONDITIONS--READ CAREFULLY BEFORE SIGNING c 1. RENTAL: Lessor rents to Lessee and Lessee rents from Lessor the equipment,furniture,fixtures,machinery,inventory,goods and software,a _ such terms are defined under the Uniform Commercial Code("UCC"),described above and in any schedule made a part hereof,together with al oa replacements, replacement parts, repairs, returns, substitutions, additions, accessories, and accessions incorporated therein or attached thereto (collectively, "Equipment"),upon the terms and conditions set forth herein. The parties intend this Lease to be governed by Article 2A of the UCC. Pursuant to Article 2A, Lessee is entitled to the promises and warranties, including those of any third party,provided to Lessor by thi '3 Equipment supplier. Lessee may contact the Equipment supplier and receive an accurate and complete statement of the promises and warranties including any disclaimers and limitations of them or of remedies. _ tv 2. PAYMENTS: Other than as set forth in a rider hereto,rental payments are due monthly,beginning the date designated by Lessor and continuing E on the same day of each month as provided for in the above Rental Payment schedule.Lessor may change the payment only with Lessee's written agreement through an amendment to this Lease. 3. EQUIPMENT ACCEPTANCE:Lessee shall have accepted the Equipment for purposes of this Lease upon Lessee's delivery of a signed deliver Q and acceptance certificate to Lessor signed by an authorized representative of Lessee. Lessee represents that any agent of Lessee who verifie N delivery and acceptance of the Equipment by signing a writing acknowledging delivery and acceptance has actual authority to do so. Upon thi m parties'mutual acceptance of this Lease,THIS LEASE SHALL BE NON-CANCELABLE,and Lessee's obligations hereunder shall not abate to any reason other than as provided for in this Lease. L 4. DISCLAIMER OF WARRANTIES: AS BETWEEN LESSOR AND LESSEE, THE EQUIPMENT IS BEING RENTED IN "AS IS' CONDITION,PROVIDED HOWEVER,THAT LESSEE'S ACKNOWLEDGEMENT OF LESSOR'S WAIVER OF WARRANTIES UNDEI THIS LEASE SHALL NOT IN ANY WAY IMPACT OR AFFECT ANY WARRANTIES,EXPRESS OR IMPLIED,BETWEEN LESSEE ANI THE EQUIPMENT SUPPLIER OR VENDOR.LESSEE AGREES THAT LESSOR IS NOT THE MANUFACTURER OR SUPPLIER OF THI E EQUIPMENT. LESSEE HAS SELECTED THE EQUIPMENT BASED UPON ITS OWN JUDGMENT AND ACKNOWLEDGES THA' v LESSOR HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, DIRECT Of INDIRECT,EXPRESS OR IMPLIED,AS TO THE SUITABILITY,DURABILITY,DESIGN,OPERATION OR CONDITION OF THI Q EQUIPMENT,ITS MERCHANTABILITY,FITNESS FOR USE FOR ANY PARTICULAR PURPOSE,OR OTHERWISE.No broker, equipment supplier,or other person(other than an employee of Lessor)is an agent of Lessor. Packet Pg. 297 Golf RentalAgreement_Muni ver.03.22.21 444468 12/17/2021 9:00 AM 8.F.e 5. GOVERNING LAW; VENUE OF LITIGATION: THIS LEASE, AND ALL MATTERS ARISING FROM THIS , INCLUDING ALL INTEREST AND FINANCE CHARGES HEREUNDER, SHALL IN ALL RESPECTS BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON. TO THE EXTENT PERMITTED BY LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO A JURY TRIAL. THE PARTIES MA) ENFORCE THIS LEASE IN ANY STATE OR FEDERAL COURT LOCATED IN THE STATE OF WASHINGTON HAVINC LAWFUL JURISDICTION THEREOF. 6. SECURITY AGREEMENT: In the event this Lease is determined to be governed by Article 9 of the UCC, Lessee hereby grants Lessor; 0) security interest in all Equipment financed by or rented from Lessor,of any kind or nature whatsoever,wherever located,whether now owned o = v hereafter acquired,and all returns,repossessions,substitutions,replacement parts,accessories,and accessions thereto and thereof,and all proceed thereof,to secure all present and future obligations of Lessee to Lessor,of every type and description and howsoever evidenced.This Lease shal c be construed so that interest,the applicable interest rate and other charges shall not exceed that allowed by applicable law,and any payment tha U- otherwise would be deemed unlawful will be applied first to prepay principal and then refunded to Lessee. 7. APPOINTMENT OF ATTORNEY IN FACT: Lessee authorizes Lessor, its successors and assigns to cause this Lease, or any othe document(s)showing the interest of Lessor,including but not limited to UCC financing statements,to be authenticated and filed or recorded. Il addition, Lessee appoints Lessor, its successors and assigns, as Lessee's attorney-in-fact (1)to arrange for property damage coverage under; E policy of insurance and to transmit Lessee's premium payments to the insurer on behalf of Lessee in the event that Lessee fails to insure thl y Equipment as required under Section 12,(2)to deal with and to direct said insurer as to any matter concerning the claim for,disposition of,and/o tm application of proceeds from any policy of insurance,and(3)to receive payments and execute and endorse all documents,checks,drafts,or othe Q instruments necessary or advisable to secure payments due under any policy of insurance. These appointments and authorizations shall bi m continuous. Nothing in this paragraph shall relieve Lessee of its duty to procure required insurance, to make timely insurance claims, and t( otherwise cooperate with insurance carriers and Lessor in seeking insurance coverage and recoveries. 8. UNCONDITIONAL OBLIGATION: Except in the event of termination under Section 19 for non-appropriation, Lessee agrees to bi unconditionally obligated to pay all payments and other amounts due hereunder no matter what happens, even if the Equipment is damaged o p destroyed,if it is defective,if Lessee no longer can use it,or if the manufacturer or supplier ceases doing business or cannot service and/or suppor 0 the Equipment,and irrespective of any set-off,counterclaim,defense,or other right which Lessee may have against Lessor or any other person. 9. USE: Lessee agrees that the Equipment will be used for business purposes only and such use shall be in compliance with all applicable laws 4) Lessee shall maintain the Equipment in good repair and working order at Lessee's sole expense. m 10.TAXES: Lessee agrees to pay all taxes,fees,and governmental charges related to this Lease,which during the term of this Lease or at any timl thereafter may be imposed.If Lessor pays any of the above for Lessee,Lessee agrees to reimburse Lessor on demand,plus interest. Lessor shal not be obligated to contest any valuation of or tax imposed on the Equipment or this Lease. 11.INDEMNITY: To the extent permitted by law,Lessor is not responsible for any losses or injuries caused by the Equipment. Lessee agrees t( N indemnify Lessor with respect to all claims for losses imposed on,incurred by,or asserted against Lessor,including attorneys'fees and expense plus interest, where such claims arise or are caused by Lessee's negligence, and Lessee agrees to obtain indemnification from the Equipmen c supplier to indemnify Lessor for claims related to the Equipment that are not attributable to the Lessee's negligence. Further, Lessee shall, i m requested by Lessor, defend Lessor against any claims for losses or injuries caused by the Lessee's negligent performance of this Lease. Thi provision shall survive the cancellation,termination or expiration of this Lease. c 12.INSURANCE: Lessee shall keep the Equipment insured against loss for not less than its replacement cost or such greater amount as may bi prescribed by any applicable state law specifying minimum insurance requirements,and shall carry public liability insurance,both personal injur Z and property damage. Lessee shall name Lessor as an additional insured and as loss payee. If Lessee fails to procure insurance,Lessor may obtaii r- same and pay the amount due thereon as provided for under Section 7 of this Lease and Lessee shall reimburse Lessor upon demand and, i required by Lessor,shall pay interest on such sums due and owing at a rate of up to 18%per annum,but in no event more than the maximum rats permitted by law.With respect to any policy obtained by Lessor under Section 7,Lessor may charge a monthly administrative fee. Any insurance proceeds received with respect to the Equipment will be applied, at the option of Lessor,to repair,restore, or replace the Equipment, or to pa, _ Lessor the remaining balance and any other amounts payable hereunder. y 13.LATE CHARGES: If Lessee is delinquent in paying any sum due,Lessee shall pay a charge to offset collection expenses on such delinquen payment of$25.00 or an amount of up to ten percent(10%)of the payment amount that is past due,whichever is greater,but in no event more t than allowed by applicable law.In addition,Lessor will impose a surcharge of up to$30 or the maximum allowed under applicable law for an, 3 dishonored payment. rn 14.DEFAULT: Any of the following constitute default:(1)Lessee fails to pay any sum due Lessor;(2)Lessee fails to observe or perform any othe c term of this Lease; (3)Lessee encumbers or disposes of the Equipment without Lessor's written consent; (4)The filing by or against Lessee o E any guarantor of Lessee's obligations to Lessor ("Guarantor") of a petition under the Bankruptcy Code or any other insolvency law; (5) The m voluntary or involuntary commencement of any formal or informal proceeding for dissolution,liquidation,settlement of claims against or windinj 2 up of Lessee's or a Guarantor's affairs,or Lessee or a Guarantor,if applicable,ceases doing business of going concern;(6)Any representation o Q warranty made by Lessee or a Guarantor in connection herewith proves to have been materially misleading; (7)Lessee is in default under an, N other contract or agreement with Lessor;(8)any Guarantor repudiates or attempts to revoke any guaranty of Lessee's obligations to Lessor relate( to this Lease. J 15.REMEDIES: Upon an occurrence of default,Lessor may exercise one or more of the following remedies: (1)Declare due,sue for,and receive d from Lessee the sum of all payments and other amounts then due and owing in the current fiscal year under this Lease or any schedule hereto,(2 Require Lessee to return the Equipment at its own expense to any reasonable location Lessor designates;(3)Cancel or terminate this Lease or an, other agreement between Lessee and Lessor;(4)Charge Lessee interest on all monies due hereunder from and after the date of default at the rat, of 18%per annum,compounded monthly until paid in full,but in no event more than the maximum rate permitted by law;(5)Charge Lessee fo any other amounts provided for in this Lease. In addition,Lessor may use any other remedies available to it under applicable law.These remedie v will be applied,to the extent allowed by law,cumulatively. No delay in exercising any right or remedy shall operate as a waiver of any right o remedy or modify the terms of this Lease.A waiver of default shall not be construed as a waiver of any other or subsequent default.In addition t( Q all of Lessor's other rights and remedies, Lessee agrees to pay Lessor all costs and expenses, including attorneys' fees, incurred by Lessor ii Packet Pg. 298 Golf RentalAgreement_Muni ver.03.22.21 444468 12/17/2021 9:00 AM Page 2 of 5 8.F.e exercising or attempting to exercise any of its rights or remedies. If appropriate in the circumstances,remedies will include those availaDle un er Article 9 of the UCC. 16.ASSIGNMENT: Lessee may not sublet,lend,assign,or pledge this Lease,the Equipment,or any interest in either,or permit any lien or securit, interest thereon.Upon notice and acceptance by Lessee,which acceptance shall not be unreasonably withheld,any and all of Lessor's interest an( rights in the Equipment and under this Lease may be assigned,pledged,or otherwise disposed of.Each assignee shall be entitled to exercise al U) rights and remedies of Lessor with respect to any and all obligations assigned to such assignee,and all references herein to"Lessor"shall include J Lessor's assignee,except that said assignee shall not be chargeable with any obligations or liabilities of Lessor hereunder.Lessee will not asser against Lessor's assignee any defense, counterclaim or setoff on account of breach of warranty or otherwise in any action for payment or fo = possession brought by Lessor's assignee.Any assignment of this Lease by Lessee,whether or not permitted by Lessor,shall not release Lessee from its obligations hereunder. _ 17.RETURN OF EQUIPMENT: At the end of the original term of this Lease,or if this Lease is terminated under Section 19,Lessee must retun j,i the Equipment at its own expense,to Lessor or to a third-party designated by Lessor, and as applicable, the following must be true: All safet c equipment must be in place and meet applicable federal,state and other governmental standards;All covers and guards must be in place with nc m sheet metal, plastic or cowling damage; All parts, pieces, components and optional equipment must be present, installed and operational; A] accessories shall be returned in proper order;All motors shall operate smoothly without overheating and shall have good bearings and bushings All electronic controls shall operate per manufacturers' specifications; Controls which bypass normal operations shall be repaired at Lessee' d expense; All electrical systems shall be able to provide electrical output as specified by the manufacturer; All batteries shall be in good, safe operating condition with no dead cells or cracked cases;Batteries shall hold a charge and provide adequate power to operate the Equipment;Al Q Equipment shall have serviceable tires, with 50%remaining tread,retaining proper air pressure, and without repair patches;All oil and grease N seals must contain lubrication in the manufacturer's designed reservoir;All Equipment must have a relatively clean appearance;All Equipmen M must be free from excessive wear necessitating major component repair or replacement caused by lack of recommended maintenance detailed it t Equipment operation/maintenance manuals; All Equipment shall be free from structural damage or bent frames;Any usage or metering device V must not have been altered in any way;All Equipment attachments,if any,must be in good operating condition;All hydraulic cylinders must no G be bent,nicked,gouged or leaking.If the Equipment is an electric golf car,then in addition to the above return provisions:(i)the golf car must be able to transport two(2)people and their golf clubs;(ii)all batteries and battery terminals must be clean,free of corrosion and have proper batter c water levels;and(iii)each golf car must include operable battery chargers.Additionally, all Equipment must be able to complete the following (D tests: operate normally in forward and reverse directions through all its speed ranges or gears, steer normally right and left in both forward an( reverse,have all functions and controls work in a normal manner,be able to stop with its service brakes in a safe distance in both forward an( > reverse,operate without leaking any fluids,perform its designed functions in a satisfactory manner, and all cutting units(if applicable)must be able to lower,turn on,run,raise and shut off as they are designed to do. If any Equipment is damaged or does not meet the standards set fort] above for the return condition of such Equipment or if Lessee fails to discharge Lessee's obligations set forth under this Lease with regard to an, 00 Equipment,Lessee shall remit to Lessor,immediately upon demand,the Stipulated Loss Value of such Equipment.The"Stipulated Loss Value for a particular piece of Equipment shall be an amount equal to: (i)the total of all monthly payments and other amounts, if any, due under thi --c Lease with respect to such Equipment as of the date of payment of the Stipulated Loss Value,plus(ii)all rent not yet due for the Equipment fo the remaining term of this Lease,discounted from their respective due dates at the rate of 3%per annum,plus(iii)the Equipment's"Anticipate( m Residual Value"as determined by Lessor's books as of the date of this Lease.Return Condition Standards applicable when the Equipment is Gol Cars. The Return Condition Standards for golf cars are as follows: (a) Equipment must start, stop, and turn properly; (b) Mechanically, al o Equipment must be in operable condition upon return and capable of being driven onto a transporter; (c) Cosmetically, all Equipment an( cc component parts are to be returned operable and complete according to the original state,reasonable wear and tear expected; (d)All equipmen Z shall have serviceable tires,with 50%remaining tread,retaining proper air pressure,and without repair patches; (e)All gauges will be operative o and all fluid levels to manufacturer's specifications;and,(f)if the Equipment is an electric golf car,then in addition to the other Return Conditiol = Standards: (i)the golf car must be able to transport two(2)people and their golf clubs;(ii)all batteries and battery terminals must be clean,free of corrosion and have proper battery water levels; and, (iii)each golf car must include operable battery chargers. Any missing Equipment an( parts or damage to the Equipment will result in a separate billing at replacement cost or fair market value. Failure to do so,and at Lessor's soli _ discretion,is a default under this Lease,and in all cases will result in automatic conversion of this Lease to a month-to-month rental agreement of z the same terms. Conversion to a month-to-month rental agreement shall not operate to waive any of Lessor's rights herein. ~ 18.REPRESENTATIONS AND WARRANTIES: Lessee represents and warrants to Lessor that as of the date hereof,and throughout the term o the Lease: (a) Lessee is a political subdivision of the state or commonwealth in which it is located and is organized and existing under thi N constitution and laws of such state or commonwealth;(b)Lessee has complied,and will comply,fully with all applicable laws,rules,ordinances = and regulations governing open meetings, public bidding and appropriations required in connection with the Lease, the performance of it E obligations under the Lease and the acquisition and use of the Equipment;(c)the person(s)signing the Lease and any other documents require( m to be delivered in connection with the Lease(collectively,the"Documents")have the authority to do so,are acting with the full authorization o L Lessee's governing body,and hold the offices indicated below their signatures,each of which are genuine;(d)the Documents are and will remail Q valid, legal and binding Leases, and are and will remain enforceable against Lessee in accordance with their terms; and (e) the Equipment i d essential to the immediate performance of a governmental or proprietary function by Lessee within the scope of its authority and will be use( during the term of the Lease only by Lessee and only to perform such function. Lessee further represents and warrants to Lessor that,as of thi J date each item of Equipment becomes subject to the Lease and any applicable schedule,it has funds available to pay all Lease payments payable d thereunder until the end of Lessee's then current fiscal year and will request future appropriations sufficient to fulfill Lessee's obligations unde this Lease. 19.TERMINATION FOR GOVERNMENTAL NON-APPROPRIATIONS: To the extent permitted by applicable law,Lessee agrees to take al necessary and timely action during the Lease term to obtain and maintain funds appropriations sufficient to satisfy its payment obligations unde the Lease (the "Obligations"), including, without limitation, providing for the Obligations in each budget submitted to obtain applicable s appropriations, causing approval of such budget, and exhausting all available reviews and appeals if an appropriation sufficient to satisfy the Obligations is not made.Notwithstanding anything to the contrary provided in the Lease,if Lessee does not appropriate funds sufficient to make all payments due during any fiscal year under the Lease and Lessee does not otherwise have funds available to lawfully pay the Lease payment: Q (a"Non-Appropriation Event"),and provided Lessee is not in default of any of Lessee's obligations under this Lease as of the effective date of such termination,Lessee may terminate this Lease effective as of the end of Lessee's last funded fiscal year("Termination Date")without liab1 it Packet Pg. 299 Golf RentalAgreement_Muni ver.03.22.21 444468 12/17/2021 9:00 AM Page 3 of 5 8.F.e for future payments or the early termination charge under this Lease, if any, by giving at least 60 days' prior written notice of termma ion ("Termination Notice")to Lessor.If Lessee terminates the Lease prior to the expiration of the end of the original term of this Lease as permitted under the terms of this Lease or as set forth herein or in any schedule,Lessee shall(i)on or before the Termination Date,return the Equipmen subject to the terminated Lease in accordance with the return requirements set forth in this Lease, (ii) provide in the Termination Notice ; certification of a responsible official that a Non-Appropriation Event has occurred,(iii)deliver to Lessor,upon request by Lessor,an opinion o w Lessee's counsel(addressed to Lessor)verifying that the Non-Appropriation Event as set forth in the Termination Notice has occurred, and(iv d pay Lessor all sums payable to Lessor under this Lease up to and including the Termination Date. Lessee acknowledges and agrees that, in the event of the termination of this Lease and the return of the Equipment as provided for herein, Lessee shall have no interest whatsoever in the = Equipment or proceeds thereof and Lessor shall be entitled to retain for its own account the proceeds resulting from any disposition or re-leasing of the Equipment along with any advance rentals,security deposits or other sums previously paid by Lessee pursuant to the terms of the Lease. _ 20.DELIVERY OF CERTAIN DOCUMENTS AND RELATED REQUIREMENTS: Lessee will execute or provide, as requested by Lessor annual budget and financial information and such other documents and information, including an opinion of Lessee's counsel as to the validit c and enforceability of this Lease,as are reasonably necessary with respect to the transaction contemplated by this Lease. If Lessee is a"Registerec M Organization" (as such term is defined in the UCC), then Lessee will: (i) upon request of Lessor, provide copies of its applicable registerel c organization documents;and(ii)not change its legal name or its chief executive office or state of organization,without,in each case,giving Lesso E at least 30 days'prior written notice of any such event. d 21.EXCESS USAGE AND SUPPLEMENTAL RENTALS(APPLICABLE TO TURF CARE AND MAINTENANCE EQUIPMENT ONLY) L At the end of the original term of the Lease,Lessee shall remit to Lessor$5.00 per hour on each piece of Equipment that has hourly use in excel Q of the maximum hours as indicated above.Lessee shall remit such amounts within ten(10)days of Lessor's written demand.The hours of use o N a particular item of Equipment shall be determined by the hour meter attached to said Equipment,provided that such meter remains operable an( M accurate.If any such hour meter becomes inoperable or inaccurate,Lessee shall immediately repair or replace same,and shall immediately notif, t Lessor in writing of such event and of the correct hours of usage of such Equipment during the period of time the hour meter was inoperable o V inaccurate.Lessee shall promptly furnish Lessor such information as Lessor may reasonably request from time to time in order to document the G hours of usage of the Equipment. If this Lease terminates or is cancelled prior to the end of the original term of the Lease,then the Maximun 0 Hours specified above shall be reduced pro rata based on the number of months remaining in the current year or original term of the Lease, a. c applicable. m 22.LESSEE WAIVERS: To the extent permitted by law,Lessee waives all rights and remedies against Lessor provided by Article 2A of the UCC d All other rights and remedies available at law are expressly reserved and shall remain available to Lessee. Lessor will not be liable for specify > performance of this Lease or for any losses,damages,delay,or failure to deliver the Equipment. R 23.GENERAL: This Lease may,in Lessor's sole discretion,be delivered and/or reproduced by facsimile,optical scanning or other electronic mean ("e-copy")and such e-copy or a printed version thereof shall be enforceable as an original and admissible as such in any court or other proceeding 00 provided that there shall be only one original of this Lease and it shall bear the original ink or electronic signature of Lessor and be marke< 04 "Original."Each party's electronic signature on this Lease shall be unconditionally valid and legally enforceable, and each party agrees not tl --c contest the validity or enforceability of any electronic signature (or the authority of the electronic signer to sign). To the extent that this Leasi constitutes chattel paper(as that term is defined by the Uniform Commercial Code),a security or ownership interest intended to be created throng] m the transfer and possession of this Lease can be done only by the transfer of the "Original"bearing the original ink or electronic signature o Lessor;provided that,if the"Paper Out"process shall have occurred,or if there shall simultaneously exist both the"Paper Out"printed version 0 and an electronic version of this Lease,then the"Paper Out"printed version of such document bearing the legend"Original"applied by Lesso m shall constitute the sole chattel paper original and authoritative version. If Lessor permit Lessee to deliver this Lease or any related document ti Z Lessor via facsimile or other electronic means,Lessee shall deliver to Lessor,promptly on request,such document bearing Lessee's electronic or"we o ink"signature;provided that neither delivery nor failure to deliver the document bearing Lessee's electronic or"wet ink"signature shall limit or modi f = the representations and agreements set forth above.This Lease shall inure to the benefit of and is binding upon the parties and their heirs,persona representatives,successors,and assigns. This Lease represents the entire agreement between the parties,superseding all prior or contemporaneou negotiations,discussions,understandings,or agreements pertaining to the subject matter hereof. This Lease shall not be modified without botl = parties' written consent. If any provision of this Lease is deemed unenforceable, then such provision shall be deemed deleted and all othe z provisions of this Lease shall remain in full force and effect. Any written notice hereunder shall be deemed given when delivered personally deposited with a nationally recognized overnight courier (with all fees pre-paid), delivered via facsimile or e-mail (with confirmation o transmission),or deposited in the United States mails,certified or registered mail,addressed to recipient at its address set forth above or such othe 3 address as may be substituted therefor by notice given pursuant to the terms hereof.Lessee hereby agrees that Lessor,including its vendors,service c providers,partners,affiliates successors and assigns,may contact Lessee at any telephone number provided to Lessor,by placing voice telephone d calls(including use of automatic telephone dialing systems or prerecorded voice messaging).Lessee authorizes,and represents that all Lessee': m principals have authorized, Lessor to obtain such credit bureau reports and make such other credit inquiries with respect to Lessee and sucl L principals as Lessor deems appropriate throughout the term of this Lease. On written request,Lessor will identify any reporting agency used fo Q such a report. Lessee agrees that Lessor may receive from and disclose to other persons, including credit reporting agencies and respective d equipment vendors and suppliers, information about Lessee's accounts and credit experience.Lessee hereby authorizes any person to release tc Lessor credit experience and account information relating to Lessee.Lessee shall execute and deliver to Lessor such other documents and provide J such information,including information identifying the owners of Lessee and its affiliates and their respective ownership interests,as Lessor ma, reasonably deem necessary to comply with laws or regulations applicable to Lessor or Lessee,including laws and regulations requiring Lessor tt obtain Lessee's certification of its beneficial owner(s)prior to making payment(s)to Lessee during or after the term of this Lease.Under federa law,Lessor must obtain,verify and record identifying information for each person opening an account.Lessor will ask for Lessee's name,address date of birth and other identifying information.Lessor may also ask for Lessee's driver's license or other identifying documents.This Lease shal not be deemed terminated until Lessee has fulfilled all obligations herein.Time is of the essence for all purposes of this Lease. s v c� ADDITIONAL TERMS AND CONDITIONS Q Lessee acknowledges having read the terms and conditions printed above,and unconditionally agrees to same. Lessee requests that Lessor countersig this Lease and requests and hereby authorizes Lessor to pay the Equipment vendor/manufacturer. Packet Pg. 300 Golf RentalAgreement_Muni ver.03.22.21 444468 12/17/2021 9:00 AM Page 4 of 5 8.F.e Lessor: The Huntington National Bank By: Title: Lessee: City of Kent,Washington By: Dana Ralph,Mayor m THIS LEASE IS NOT BINDING UNTIL ACCEPTED BY LESSOR cNo m J C C R C LL C cC C N E d d L a V 'O V L d LPL M 00 N Y C m C O r m Z C O r� C r C 7 2 d z H t 3 c m E m m L a d N O J N d L Cd G V a Golf RentalAgreement_Muni ver.03.22.21 444468 12/17/2021 9:00 AM Pagc 5 of 5 Packet Pg. 301 8.F.e Lessor: The Huntington National Bank By: Title: Lessee: City of Kent,Washington By: Dana Ralph,Mayor m THIS LEASE IS NOT BINDING UNTIL ACCEPTED BY LESSOR cNo m J C C R C LL C cC C N E d d L a V 'O V L d LPL M 00 N Y C m C O r m Z C O r� C r C 7 2 d z H t 3 c m E m m L a d N O J N d L Cd G V a Golf RentalAgreement_Muni ver.03.22.21 444464 12/17/2021 9:03 AM Pagc 5 of 5 Packet Pg. 302 IN I Huntington AGREEMENT (EQUIPMENT RENTAL ov This"Lease":Lease Agreement Number 008-0742593-102 Dated April 16,2021 "Lessee" J City of Kent,Washington,220 Fourth Ave.S,Kent,WA 98032 Fax: E-mail: E "Lessor" R The Huntington National Bank,1405 Xenium Lane North PCC180 ,Plymouth,MN 55441 5 Fax:319-833-4577 E-mail:customerserAce financediv.com u_ c cv Number of Rental Payments Rental Payments Advances E to ov During a 48 month term that shall be based on the 48 date Lessor pays the Equipment Supplier,a Q monthly payment of$824.41 (the"Standard Payment")is due beginning March,2022 and each March,April,May,June,July,August, September V and October thereafter until a total of 32 Standard Payments have been made. A payment of$0.00 is 6 due each November,December,January and First:$0.00 February for a total of 16$0 Payment Months. Last:$0.00 ov The Total Number of Rental Payments includes Total:$0.00 both the Standard Payment Months and the$0 Payment Months. The first due date for a W "Standard Payment"will be determined by Lessor once it pays the Equipment supplier and the Lessee 00 has provided a written acknowledgement of its acceptance of the Equipment. 00 (Plus any applicable taxes c EQUIPMENT LOCATION&DESCRIPTION: MAXIMUM HOURS: o 2019 W Meeker St,Kent,WA 98032: z (3)2022 Cushman Hauler 1200 Gas together with all attachments and accessories N/A r_ thereto a� c TERMS AND CONDITIONS--READ CAREFULLY BEFORE SIGNING c 1. RENTAL: Lessor rents to Lessee and Lessee rents from Lessor the equipment,furniture,fixtures,machinery,inventory,goods and software,a _ such terms are defined under the Uniform Commercial Code("UCC"),described above and in any schedule made a part hereof,together with al oa replacements, replacement parts, repairs, returns, substitutions, additions, accessories, and accessions incorporated therein or attached thereto (collectively, "Equipment"),upon the terms and conditions set forth herein. The parties intend this Lease to be governed by Article 2A of thi UCC. Pursuant to Article 2A, Lessee is entitled to the promises and warranties, including those of any third party,provided to Lessor by thi '3 Equipment supplier. Lessee may contact the Equipment supplier and receive an accurate and complete statement of the promises and warranties including any disclaimers and limitations of them or of remedies. _ tv 2. PAYMENTS: Other than as set forth in a rider hereto,rental payments are due monthly,beginning the date designated by Lessor and continuing E on the same day of each month as provided for in the above Rental Payment schedule.Lessor may change the payment only with Lessee's written agreement through an amendment to this Lease. 3. EQUIPMENT ACCEPTANCE:Lessee shall have accepted the Equipment for purposes of this Lease upon Lessee's delivery of a signed deliver Q and acceptance certificate to Lessor signed by an authorized representative of Lessee. Lessee represents that any agent of Lessee who verifie N delivery and acceptance of the Equipment by signing a writing acknowledging delivery and acceptance has actual authority to do so. Upon thi m parties'mutual acceptance of this Lease,THIS LEASE SHALL BE NON-CANCELABLE,and Lessee's obligations hereunder shall not abate to any reason other than as provided for in this Lease. L 4. DISCLAIMER OF WARRANTIES: AS BETWEEN LESSOR AND LESSEE, THE EQUIPMENT IS BEING RENTED IN "AS IS' CONDITION,PROVIDED HOWEVER,THAT LESSEE'S ACKNOWLEDGEMENT OF LESSOR'S WAIVER OF WARRANTIES UNDEI THIS LEASE SHALL NOT IN ANY WAY IMPACT OR AFFECT ANY WARRANTIES,EXPRESS OR IMPLIED,BETWEEN LESSEE ANI THE EQUIPMENT SUPPLIER OR VENDOR.LESSEE AGREES THAT LESSOR IS NOT THE MANUFACTURER OR SUPPLIER OF THI E EQUIPMENT. LESSEE HAS SELECTED THE EQUIPMENT BASED UPON ITS OWN JUDGMENT AND ACKNOWLEDGES THA' v LESSOR HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, DIRECT Of INDIRECT,EXPRESS OR IMPLIED,AS TO THE SUITABILITY,DURABILITY,DESIGN,OPERATION OR CONDITION OF THI Q EQUIPMENT,ITS MERCHANTABILITY,FITNESS FOR USE FOR ANY PARTICULAR PURPOSE,OR OTHERWISE.No broker, equipment supplier,or other person(other than an employee of Lessor)is an agent of Lessor. Packet Pg. 303 Golf RentalAgreement_Muni ver.03.22.21 444469 12/17/2021 9:03 AM 8.F.e 5. GOVERNING LAW; VENUE OF LITIGATION: THIS LEASE, AND ALL MATTERS ARISING FROM THIS , INCLUDING ALL INTEREST AND FINANCE CHARGES HEREUNDER, SHALL IN ALL RESPECTS BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON. TO THE EXTENT PERMITTED BY LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO A JURY TRIAL. THE PARTIES MA) ENFORCE THIS LEASE IN ANY STATE OR FEDERAL COURT LOCATED IN THE STATE OF WASHINGTON HAVINC LAWFUL JURISDICTION THEREOF. 6. SECURITY AGREEMENT: In the event this Lease is determined to be governed by Article 9 of the UCC, Lessee hereby grants Lessor; 0 security interest in all Equipment financed by or rented from Lessor,of any kind or nature whatsoever,wherever located,whether now owned o = v hereafter acquired,and all returns,repossessions,substitutions,replacement parts,accessories,and accessions thereto and thereof,and all proceed thereof,to secure all present and future obligations of Lessee to Lessor,of every type and description and howsoever evidenced.This Lease shal c be construed so that interest,the applicable interest rate and other charges shall not exceed that allowed by applicable law,and any payment tha U- otherwise would be deemed unlawful will be applied first to prepay principal and then refunded to Lessee. 7. APPOINTMENT OF ATTORNEY IN FACT: Lessee authorizes Lessor, its successors and assigns to cause this Lease, or any othe document(s)showing the interest of Lessor,including but not limited to UCC financing statements,to be authenticated and filed or recorded. Il addition, Lessee appoints Lessor, its successors and assigns, as Lessee's attorney-in-fact (1)to arrange for property damage coverage under; E policy of insurance and to transmit Lessee's premium payments to the insurer on behalf of Lessee in the event that Lessee fails to insure thl y Equipment as required under Section 12,(2)to deal with and to direct said insurer as to any matter concerning the claim for,disposition of,and/o tm application of proceeds from any policy of insurance,and(3)to receive payments and execute and endorse all documents,checks,drafts,or othe Q instruments necessary or advisable to secure payments due under any policy of insurance. These appointments and authorizations shall bi m continuous. Nothing in this paragraph shall relieve Lessee of its duty to procure required insurance, to make timely insurance claims, and t( otherwise cooperate with insurance carriers and Lessor in seeking insurance coverage and recoveries. 0 8. UNCONDITIONAL OBLIGATION: Except in the event of termination under Section 19 for non-appropriation, Lessee agrees to bi unconditionally obligated to pay all payments and other amounts due hereunder no matter what happens, even if the Equipment is damaged o 0 destroyed,if it is defective,if Lessee no longer can use it,or if the manufacturer or supplier ceases doing business or cannot service and/or suppor 0 the Equipment,and irrespective of any set-off,counterclaim,defense,or other right which Lessee may have against Lessor or any other person. 9. USE: Lessee agrees that the Equipment will be used for business purposes only and such use shall be in compliance with all applicable laws 4) Lessee shall maintain the Equipment in good repair and working order at Lessee's sole expense. m 10.TAXES: Lessee agrees to pay all taxes,fees,and governmental charges related to this Lease,which during the term of this Lease or at any timl thereafter may be imposed.If Lessor pays any of the above for Lessee,Lessee agrees to reimburse Lessor on demand,plus interest. Lessor shal not be obligated to contest any valuation of or tax imposed on the Equipment or this Lease. 11.INDEMNITY: To the extent permitted by law,Lessor is not responsible for any losses or injuries caused by the Equipment. Lessee agrees t( N indemnify Lessor with respect to all claims for losses imposed on,incurred by,or asserted against Lessor,including attorneys'fees and expense plus interest, where such claims arise or are caused by Lessee's negligence, and Lessee agrees to obtain indemnification from the Equipmen supplier to indemnify Lessor for claims related to the Equipment that are not attributable to the Lessee's negligence. Further, Lessee shall, i m requested by Lessor, defend Lessor against any claims for losses or injuries caused by the Lessee's negligent performance of this Lease. Thi provision shall survive the cancellation,termination or expiration of this Lease. c 12.INSURANCE: Lessee shall keep the Equipment insured against loss for not less than its replacement cost or such greater amount as may bi prescribed by any applicable state law specifying minimum insurance requirements,and shall carry public liability insurance,both personal injur Z and property damage. Lessee shall name Lessor as an additional insured and as loss payee. If Lessee fails to procure insurance,Lessor may obtaii 0 same and pay the amount due thereon as provided for under Section 7 of this Lease and Lessee shall reimburse Lessor upon demand and, i required by Lessor,shall pay interest on such sums due and owing at a rate of up to 18%per annum,but in no event more than the maximum rats permitted by law.With respect to any policy obtained by Lessor under Section 7,Lessor may charge a monthly administrative fee. Any insurance proceeds received with respect to the Equipment will be applied, at the option of Lessor,to repair,restore, or replace the Equipment, or to pa, _ Lessor the remaining balance and any other amounts payable hereunder. y 13.LATE CHARGES: If Lessee is delinquent in paying any sum due,Lessee shall pay a charge to offset collection expenses on such delinquen payment of$25.00 or an amount of up to ten percent(10%)of the payment amount that is past due,whichever is greater,but in no event more t than allowed by applicable law.In addition,Lessor will impose a surcharge of up to$30 or the maximum allowed under applicable law for an, 3 dishonored payment. rn 14.DEFAULT: Any of the following constitute default:(1)Lessee fails to pay any sum due Lessor;(2)Lessee fails to observe or perform any othe c term of this Lease; (3)Lessee encumbers or disposes of the Equipment without Lessor's written consent; (4)The filing by or against Lessee o E any guarantor of Lessee's obligations to Lessor ("Guarantor") of a petition under the Bankruptcy Code or any other insolvency law; (5) The m voluntary or involuntary commencement of any formal or informal proceeding for dissolution,liquidation,settlement of claims against or windinj 2 up of Lessee's or a Guarantor's affairs,or Lessee or a Guarantor,if applicable,ceases doing business of going concern;(6)Any representation o Q warranty made by Lessee or a Guarantor in connection herewith proves to have been materially misleading; (7)Lessee is in default under an, N other contract or agreement with Lessor;(8)any Guarantor repudiates or attempts to revoke any guaranty of Lessee's obligations to Lessor relate( to this Lease. J 15.REMEDIES: Upon an occurrence of default,Lessor may exercise one or more of the following remedies: (1)Declare due,sue for,and receive d from Lessee the sum of all payments and other amounts then due and owing in the current fiscal year under this Lease or any schedule hereto,(2 Require Lessee to return the Equipment at its own expense to any reasonable location Lessor designates;(3)Cancel or terminate this Lease or an, other agreement between Lessee and Lessor;(4)Charge Lessee interest on all monies due hereunder from and after the date of default at the rat, of 18%per annum,compounded monthly until paid in full,but in no event more than the maximum rate permitted by law;(5)Charge Lessee fo any other amounts provided for in this Lease. In addition,Lessor may use any other remedies available to it under applicable law.These remedie v will be applied,to the extent allowed by law,cumulatively. No delay in exercising any right or remedy shall operate as a waiver of any right o remedy or modify the terms of this Lease.A waiver of default shall not be construed as a waiver of any other or subsequent default.In addition t( Q all of Lessor's other rights and remedies, Lessee agrees to pay Lessor all costs and expenses, including attorneys' fees, incurred by Lessor ii Packet Pg. 304 Golf RentalAgreement_Muni ver.03.22.21 444469 12/17/2021 9:03 AM Page 2 of 5 8.F.e exercising or attempting to exercise any of its rights or remedies. If appropriate in the circumstances,remedies will include those availaDle un er Article 9 of the UCC. 16.ASSIGNMENT: Lessee may not sublet,lend,assign,or pledge this Lease,the Equipment,or any interest in either,or permit any lien or securit, interest thereon.Upon notice and acceptance by Lessee,which acceptance shall not be unreasonably withheld,any and all of Lessor's interest an( rights in the Equipment and under this Lease may be assigned,pledged,or otherwise disposed of.Each assignee shall be entitled to exercise al U) rights and remedies of Lessor with respect to any and all obligations assigned to such assignee,and all references herein to"Lessor"shall include J Lessor's assignee,except that said assignee shall not be chargeable with any obligations or liabilities of Lessor hereunder.Lessee will not asser against Lessor's assignee any defense, counterclaim or setoff on account of breach of warranty or otherwise in any action for payment or fo = possession brought by Lessor's assignee.Any assignment of this Lease by Lessee,whether or not permitted by Lessor,shall not release Lessee from its obligations hereunder. _ 17.RETURN OF EQUIPMENT: At the end of the original term of this Lease,or if this Lease is terminated under Section 19,Lessee must retun j,i the Equipment at its own expense,to Lessor or to a third-party designated by Lessor, and as applicable, the following must be true: All safet c equipment must be in place and meet applicable federal,state and other governmental standards;All covers and guards must be in place with nc m sheet metal, plastic or cowling damage; All parts, pieces, components and optional equipment must be present, installed and operational; A] accessories shall be returned in proper order;All motors shall operate smoothly without overheating and shall have good bearings and bushings All electronic controls shall operate per manufacturers' specifications; Controls which bypass normal operations shall be repaired at Lessee' d expense; All electrical systems shall be able to provide electrical output as specified by the manufacturer; All batteries shall be in good, safe operating condition with no dead cells or cracked cases;Batteries shall hold a charge and provide adequate power to operate the Equipment;Al Q Equipment shall have serviceable tires, with 50%remaining tread,retaining proper air pressure, and without repair patches;All oil and grease N seals must contain lubrication in the manufacturer's designed reservoir;All Equipment must have a relatively clean appearance;All Equipmen M must be free from excessive wear necessitating major component repair or replacement caused by lack of recommended maintenance detailed it t Equipment operation/maintenance manuals; All Equipment shall be free from structural damage or bent frames;Any usage or metering device V must not have been altered in any way;All Equipment attachments,if any,must be in good operating condition;All hydraulic cylinders must no G be bent,nicked,gouged or leaking.If the Equipment is an electric golf car,then in addition to the above return provisions:(i)the golf car must be able to transport two(2)people and their golf clubs;(ii)all batteries and battery terminals must be clean,free of corrosion and have proper batter c water levels;and(iii)each golf car must include operable battery chargers.Additionally, all Equipment must be able to complete the following (D tests: operate normally in forward and reverse directions through all its speed ranges or gears, steer normally right and left in both forward an( reverse,have all functions and controls work in a normal manner,be able to stop with its service brakes in a safe distance in both forward an( > reverse,operate without leaking any fluids,perform its designed functions in a satisfactory manner, and all cutting units(if applicable)must be able to lower,turn on,run,raise and shut off as they are designed to do. If any Equipment is damaged or does not meet the standards set fort] above for the return condition of such Equipment or if Lessee fails to discharge Lessee's obligations set forth under this Lease with regard to an, 00 Equipment,Lessee shall remit to Lessor,immediately upon demand,the Stipulated Loss Value of such Equipment.The"Stipulated Loss Value for a particular piece of Equipment shall be an amount equal to: (i)the total of all monthly payments and other amounts, if any, due under thi --c Lease with respect to such Equipment as of the date of payment of the Stipulated Loss Value,plus(ii)all rent not yet due for the Equipment fo the remaining term of this Lease,discounted from their respective due dates at the rate of 3%per annum,plus(iii)the Equipment's"Anticipate( m Residual Value"as determined by Lessor's books as of the date of this Lease.Return Condition Standards applicable when the Equipment is Gol Cars. The Return Condition Standards for golf cars are as follows: (a) Equipment must start, stop, and turn properly; (b) Mechanically, al 0 Equipment must be in operable condition upon return and capable of being driven onto a transporter; (c) Cosmetically, all Equipment an( cc component parts are to be returned operable and complete according to the original state,reasonable wear and tear expected; (d)All equipmen Z shall have serviceable tires,with 50%remaining tread,retaining proper air pressure,and without repair patches; (e)All gauges will be operative o and all fluid levels to manufacturer's specifications;and,(f)if the Equipment is an electric golf car,then in addition to the other Return Conditiol = Standards: (i)the golf car must be able to transport two(2)people and their golf clubs;(ii)all batteries and battery terminals must be clean,free of corrosion and have proper battery water levels; and, (iii)each golf car must include operable battery chargers. Any missing Equipment an( parts or damage to the Equipment will result in a separate billing at replacement cost or fair market value. Failure to do so,and at Lessor's soli _ discretion,is a default under this Lease,and in all cases will result in automatic conversion of this Lease to a month-to-month rental agreement of z the same terms. Conversion to a month-to-month rental agreement shall not operate to waive any of Lessor's rights herein. ~ 18.REPRESENTATIONS AND WARRANTIES: Lessee represents and warrants to Lessor that as of the date hereof,and throughout the term o the Lease: (a) Lessee is a political subdivision of the state or commonwealth in which it is located and is organized and existing under thi N constitution and laws of such state or commonwealth;(b)Lessee has complied,and will comply,fully with all applicable laws,rules,ordinances = and regulations governing open meetings, public bidding and appropriations required in connection with the Lease, the performance of it E obligations under the Lease and the acquisition and use of the Equipment;(c)the person(s)signing the Lease and any other documents require( m to be delivered in connection with the Lease(collectively,the"Documents")have the authority to do so,are acting with the full authorization o L Lessee's governing body,and hold the offices indicated below their signatures,each of which are genuine;(d)the Documents are and will remail Q valid, legal and binding Leases, and are and will remain enforceable against Lessee in accordance with their terms; and (e) the Equipment i d essential to the immediate performance of a governmental or proprietary function by Lessee within the scope of its authority and will be use( during the term of the Lease only by Lessee and only to perform such function. Lessee further represents and warrants to Lessor that,as of thi J date each item of Equipment becomes subject to the Lease and any applicable schedule,it has funds available to pay all Lease payments payable d thereunder until the end of Lessee's then current fiscal year and will request future appropriations sufficient to fulfill Lessee's obligations unde this Lease. 19.TERMINATION FOR GOVERNMENTAL NON-APPROPRIATIONS: To the extent permitted by applicable law,Lessee agrees to take al necessary and timely action during the Lease term to obtain and maintain funds appropriations sufficient to satisfy its payment obligations unde the Lease (the "Obligations"), including, without limitation, providing for the Obligations in each budget submitted to obtain applicable s appropriations, causing approval of such budget, and exhausting all available reviews and appeals if an appropriation sufficient to satisfy the Obligations is not made.Notwithstanding anything to the contrary provided in the Lease,if Lessee does not appropriate funds sufficient to make all payments due during any fiscal year under the Lease and Lessee does not otherwise have funds available to lawfully pay the Lease payment: Q (a"Non-Appropriation Event"),and provided Lessee is not in default of any of Lessee's obligations under this Lease as of the effective date of such termination,Lessee may terminate this Lease effective as of the end of Lessee's last funded fiscal year("Termination Date")without liab1 it Packet Pg. 305 Golf RentalAgreement_Muni ver.03.22.21 444469 12/17/2021 9:03 AM Page 3 of 5 8.F.e for future payments or the early termination charge under this Lease, if any, by giving at least 60 days' prior written notice of termma ion ("Termination Notice")to Lessor.If Lessee terminates the Lease prior to the expiration of the end of the original term of this Lease as permitted under the terms of this Lease or as set forth herein or in any schedule,Lessee shall(i)on or before the Termination Date,return the Equipmen subject to the terminated Lease in accordance with the return requirements set forth in this Lease, (ii) provide in the Termination Notice ; certification of a responsible official that a Non-Appropriation Event has occurred,(iii)deliver to Lessor,upon request by Lessor,an opinion o w Lessee's counsel(addressed to Lessor)verifying that the Non-Appropriation Event as set forth in the Termination Notice has occurred, and(iv d pay Lessor all sums payable to Lessor under this Lease up to and including the Termination Date. Lessee acknowledges and agrees that, in the event of the termination of this Lease and the return of the Equipment as provided for herein, Lessee shall have no interest whatsoever in the = Equipment or proceeds thereof and Lessor shall be entitled to retain for its own account the proceeds resulting from any disposition or re-leasing of the Equipment along with any advance rentals,security deposits or other sums previously paid by Lessee pursuant to the terms of the Lease. _ 20.DELIVERY OF CERTAIN DOCUMENTS AND RELATED REQUIREMENTS: Lessee will execute or provide, as requested by Lessor annual budget and financial information and such other documents and information, including an opinion of Lessee's counsel as to the validit c and enforceability of this Lease,as are reasonably necessary with respect to the transaction contemplated by this Lease. If Lessee is a"Registerec M Organization" (as such term is defined in the UCC), then Lessee will: (i) upon request of Lessor, provide copies of its applicable registerel c organization documents;and(ii)not change its legal name or its chief executive office or state of organization,without,in each case,giving Lesso E at least 30 days'prior written notice of any such event. d 21.EXCESS USAGE AND SUPPLEMENTAL RENTALS(APPLICABLE TO TURF CARE AND MAINTENANCE EQUIPMENT ONLY) L At the end of the original term of the Lease,Lessee shall remit to Lessor$5.00 per hour on each piece of Equipment that has hourly use in excel Q of the maximum hours as indicated above.Lessee shall remit such amounts within ten(10)days of Lessor's written demand.The hours of use o N a particular item of Equipment shall be determined by the hour meter attached to said Equipment,provided that such meter remains operable an( M accurate.If any such hour meter becomes inoperable or inaccurate,Lessee shall immediately repair or replace same,and shall immediately notif, t Lessor in writing of such event and of the correct hours of usage of such Equipment during the period of time the hour meter was inoperable o V inaccurate.Lessee shall promptly furnish Lessor such information as Lessor may reasonably request from time to time in order to document the G hours of usage of the Equipment. If this Lease terminates or is cancelled prior to the end of the original term of the Lease,then the Maximun 0 Hours specified above shall be reduced pro rata based on the number of months remaining in the current year or original term of the Lease, a. c applicable. m 22.LESSEE WAIVERS: To the extent permitted by law,Lessee waives all rights and remedies against Lessor provided by Article 2A of the UCC d All other rights and remedies available at law are expressly reserved and shall remain available to Lessee. Lessor will not be liable for specify > performance of this Lease or for any losses,damages,delay,or failure to deliver the Equipment. R 23.GENERAL: This Lease may,in Lessor's sole discretion,be delivered and/or reproduced by facsimile,optical scanning or other electronic mean ("e-copy")and such e-copy or a printed version thereof shall be enforceable as an original and admissible as such in any court or other proceeding 00 provided that there shall be only one original of this Lease and it shall bear the original ink or electronic signature of Lessor and be marke< 04 "Original."Each party's electronic signature on this Lease shall be unconditionally valid and legally enforceable, and each party agrees not tl --c contest the validity or enforceability of any electronic signature (or the authority of the electronic signer to sign). To the extent that this Leasi constitutes chattel paper(as that term is defined by the Uniform Commercial Code),a security or ownership interest intended to be created throng] m the transfer and possession of this Lease can be done only by the transfer of the "Original"bearing the original ink or electronic signature o Lessor;provided that,if the"Paper Out"process shall have occurred,or if there shall simultaneously exist both the"Paper Out"printed version 0 and an electronic version of this Lease,then the"Paper Out"printed version of such document bearing the legend"Original"applied by Lesso m shall constitute the sole chattel paper original and authoritative version. If Lessor permit Lessee to deliver this Lease or any related document ti Z Lessor via facsimile or other electronic means,Lessee shall deliver to Lessor,promptly on request,such document bearing Lessee's electronic or"we o ink"signature;provided that neither delivery nor failure to deliver the document bearing Lessee's electronic or"wet ink"signature shall limit or modi f = the representations and agreements set forth above.This Lease shall inure to the benefit of and is binding upon the parties and their heirs,persona representatives,successors,and assigns. This Lease represents the entire agreement between the parties,superseding all prior or contemporaneou negotiations,discussions,understandings,or agreements pertaining to the subject matter hereof. This Lease shall not be modified without botl = parties' written consent. If any provision of this Lease is deemed unenforceable, then such provision shall be deemed deleted and all othe z provisions of this Lease shall remain in full force and effect. Any written notice hereunder shall be deemed given when delivered personally deposited with a nationally recognized overnight courier (with all fees pre-paid), delivered via facsimile or e-mail (with confirmation o transmission),or deposited in the United States mails,certified or registered mail,addressed to recipient at its address set forth above or such othe 3 address as may be substituted therefor by notice given pursuant to the terms hereof.Lessee hereby agrees that Lessor,including its vendors,service c providers,partners,affiliates successors and assigns,may contact Lessee at any telephone number provided to Lessor,by placing voice telephone d calls(including use of automatic telephone dialing systems or prerecorded voice messaging).Lessee authorizes,and represents that all Lessee': m principals have authorized, Lessor to obtain such credit bureau reports and make such other credit inquiries with respect to Lessee and sucl L principals as Lessor deems appropriate throughout the term of this Lease. On written request,Lessor will identify any reporting agency used fo Q such a report. Lessee agrees that Lessor may receive from and disclose to other persons, including credit reporting agencies and respective d equipment vendors and suppliers, information about Lessee's accounts and credit experience.Lessee hereby authorizes any person to release tc Lessor credit experience and account information relating to Lessee.Lessee shall execute and deliver to Lessor such other documents and provide J such information,including information identifying the owners of Lessee and its affiliates and their respective ownership interests,as Lessor ma, reasonably deem necessary to comply with laws or regulations applicable to Lessor or Lessee,including laws and regulations requiring Lessor tt obtain Lessee's certification of its beneficial owner(s)prior to making payment(s)to Lessee during or after the term of this Lease.Under federa law,Lessor must obtain,verify and record identifying information for each person opening an account.Lessor will ask for Lessee's name,address date of birth and other identifying information.Lessor may also ask for Lessee's driver's license or other identifying documents.This Lease shal not be deemed terminated until Lessee has fulfilled all obligations herein.Time is of the essence for all purposes of this Lease. s v c� ADDITIONAL TERMS AND CONDITIONS Q Lessee acknowledges having read the terms and conditions printed above,and unconditionally agrees to same. Lessee requests that Lessor countersig this Lease and requests and hereby authorizes Lessor to pay the Equipment vendor/manufacturer. Packet Pg. 306 Golf RentalAgreement_Muni ver.03.22.21 444469 12/17/2021 9:03 AM Page 4 of 5 8.F.e Lessor: TCF National Bank By: Title: Lessee: City of Kent,Washington By: Dana Ralph,Mayor m THIS LEASE IS NOT BINDING UNTIL ACCEPTED BY LESSOR cNo m J C C R C LL C cC C N E d d L a V 'O V L d LPL M 00 N Y C m tC C O r m Z C O r� C r C 7 2 d z H t 3 c m E m m L a d N O J N d L Cd G V a Golf RentalAgreement_Muni ver.03.22.21 444469 12/17/2021 9:03 AM Pagc 5 of 5 Packet Pg. 307 8.G • KENT W A S M I N G T O N DATE: January 18, 2022 TO: Kent City Council SUBJECT: Downey Farmstead Side Channel Restoration Washington Department of Ecology Shorelands Floodplains by Design Grant Agreement - Authorize MOTION: I move to authorize the Mayor to sign a Shorelands Floodplains by Design grant agreement with the Washington State Department of Ecology in the amount of $3,226,880.00 for the Downey Side Channel Restoration Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Downey Farmstead Side Channel Restoration Project (Project) will construct a multi-stem, 2,000 linear foot, side channel to the Green River which will provide rearing and refuge habitat for threatened Chinook and other salmon species. The project will also provide approximately 130 acre-feet of floodplain storage to reduce flood risk. To date, roughly 152,000 cubic yards of material have been excavated for the side channel, Frager Road has been relocated, six log habitat structures have been placed, roughly 10,000 native plants have been planted, and the pedestrian/bicycle trail has been constructed. The final phase of work is anticipated to begin in early summer 2022, and will include the final connection to the Green River along with plantings and habitat features. The Floodplains by Design grant program is a state program focused on the reestablishment of floodplains within major rivers. The match for the grant is being provided by a combination of other grants and plants from the city's native plant nursery and city staff time installation. BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Packet Pg. 308 8.G Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Shorelands Floodplains by Design Agreement(PDF) 01/03/22 Public Works Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 1/18/2022 7:00 PM MOVER: Brenda Fincher, Committee Chair SECONDER: Marli Larimer, Councilmember AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer Packet Pg. 309 DEPARTMENT OF ECOLOGY State of Washington o s Agreement No. SEAFBD-2123-KentPW-00021 a E SHORELANDS FLOODPLAINS BY DESIGN AGREEMENT L Q BETWEEN 'M V THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY o M L 0 AND N NNd LPL CITY OF KENT c c M z This is a binding Agreement entered into by and between the state of Washington,Department of Ecology,hereinafter v a) referred to as"ECOLOGY,"and City of Kent,hereinafter referred to as the"RECIPIENT,"to carry out with the provided co funds activities described herein. a� r E L GENERAL INFORMATION Ui a� Downey Farmstead Restoration Project Project Title: Yo 0 Total Cost: $5,042,000.00 Total Eligible Cost: $4,033,600.00 Ecology Share: $3,226,880.00 Recipient Share: $806,720.00 E The Effective Date of this Agreement is: 07/01/2021 L The Expiration Date of this Agreement is no later than: 06/30/2025 Q Project Type: Floodplains by Design .y Project Short Description: The City of Kent(RECIPIENT)will lead the Downey Farmstead Restoration project. This project will provide crucial refuge and rearing habitat for the fisheries of the Green River,with a particular focus on Chinook Salmon. After a construction,the three-stem braided side channel design will also reconnect previously inaccessible floodplain habitat, 0 and provide significant flood reduction for the nearby agricultural district. 0 a_ c M L Project Long Description: 0 The Downey Farmstead Restoration project includes the construction of a three-stem braided side channel habitat along Cn the Green River(between River Miles 21.5 and 22.3). The Downey Farmstead is a city-owned property. This side channel habitat project will reconnect historic floodplains that were previously cut-off, and restore riparian habitat on the E z left bank of the Green River. Upon completion of this work there will be off-channel rearing and refuge habitat will be ca available to juvenile salmon for up to nine months out of the year,with around 150 of those days during the key window Q Packet Pg. 310 State of Washington Department of Ecology Agreement No: SEAFBD-2123-KentPW-00021 Project Title: Downey Farmstead Restoration Project Recipient Name: City of Kent N L for Chinook Salmon of January to June. In addition,bull trout,chum,coho, cutthroat,pink,winter steelhead,pacific 0 lamprey,and river lamprey will also benefit from the side channel habitat. Q The RECIPIENT will reconnect the project area to its historic floodplain,returning it into an accessible floodplain d habitat. The new floodplain will provide approximately 1,875 linear feet of side channel that was previously inaccessible, m and will allow juvenile salmonids(most noticeably the regionally significant Chinook),to have rearing and refuge habitat. Q c Additionally,the project's topographic area will be lowered,which will increase floodplain storage and provide flood M risk reduction to the nearby King County Agricultural Production District,homes, and businesses. c 0 M L This project will increase floodplain storage capacity by approximately 130-acre feet;reducing the 100-year flood event 0 rn by six-inches. Creating new side channels that engage at different flow rates allows for an adaptive system that will provide both salmon habitat and flood protection in the Green River Valley. m c c M Overall Goal: v The overall goal of this project is two fold: 1)create approximately 1,875 linear feet of side channel in the Green River �_ floodplain to provide 16 acres of vital salmon habitat; and 2)provide 130-acre feet of flood storage for the Green River CO Valley. d rn E L M tL d 3 0 0 ti o� N C E N L Q LM.y d 0. 0 O tL W C M d L 0 M Cn d E V Q Template Version 12/10/2020 Packet Pg. 311 State of Washington Department of Ecology Agreement No: SEAFBD-2123-KentPW-00021 Project Title: Downey Farmstead Restoration Project Recipient Name: City of Kent N �L RECIPIENT INFORMATION 0 Q Organization Name: City of Kent c d Federal Tax ID: 91-6001254 m m DUNS Number: 020253613 Q c Mailing Address: 220 Fourth Ave S M Kent,WA 98032 c 0 M L Physical Address: 220 Fourth Ave S 0 Kent,Washington 98032 rn d Organization Email: pwengineering@kentwa.gov c M z Contacts v m CO) 0 a� E L M tL d 3 0 0 ti o� N C E N L Q LM.y d 0. 0 O tL W C M d L 0 Cn d E V Q Template Version 12/10/2020 Packet Pg. 312 State of Washington Department of Ecology Agreement No: SEAFBD-2123-KentPW-00021 Project Title: Downey Farmstead Restoration Project Recipient Name: City of Kent N L Melissa Dahl C Project Manager Environmental Engineer Q 220 Fourth Ave S Kent,Washington 98032 Email: mdahl@kentwa.gov Q Phone: (253) 856-6511 c M 'L^ V O M L Billing Contact Corey Frame Financial Analyst m c 220 Fourth Ave S Kent,Washington 98032 v Email: cframe@kentwa.gov Phone: (253) 856-5511 CO M d E L M tL Dana L Ralph Authorized Mayor 3 Signatory 0 220 Fourth Ave S ti Kent,Washington 98032 N Email: dralph@kentwa.gov Phone: (253) 856-5589 E m d L Q T .y d Q. O tL W C M d L O Cn d E V Q Template Version 12/10/2020 Packet Pg. 313 State of Washington Department of Ecology Agreement No: SEAFBD-2123-KentPW-00021 Project Title: Downey Farmstead Restoration Project Recipient Name: City of Kent N L ECOLOGY INFORMATION 0 Q Mailing Address: Department of Ecology Shorelands d PO BOX 47600 m m Olympia,WA 98504-7600 Q c Physical Address: Shorelands M 300 Desmond Drive SE c 0 Lacey,WA 98503 M L Contacts 0 a� Lisa Nelson Project Manager M z PO Box 330316 v m Shoreline,Washington 98133-9716 co Email: LNEL461@ecy.wa.gov a Phone: (425)466-8732 E L M Layne Slone 1- Financial Financial Manager Manager c PO Box 47600 Olympia,Washington 98504-7600 Email: Inak461@ecy.wa.gov Phone: (360) 867-8171 E m d L Q LM.y d 0. 13 0 tL W C M d L 0 Cn d E V Q Template Version 12/10/2020 Packet Pg. 314 State of Washington Department of Ecology Agreement No: SEAFBD-2123-KentPW-00021 Project Title: Downey Farmstead Restoration Project Recipient Name: City of Kent d N 'i O t AUTHORIZING SIGNATURES Q RECIPIENT agrees to furnish the necessary personnel,equipment,materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. L Q RECIPIENT acknowledges that they had the opportunity to review the entire Agreement,including all the terms and conditions r- of this Agreement, Scope of Work, attachments,and incorporated or referenced documents,as well as all applicable laws, statutes,rules,regulations, and guidelines mentioned in this Agreement. Furthermore,the RECIPIENT has read,understood, c and accepts all requirements contained within this Agreement. i 0 U) This Agreement contains the entire understanding between the parties,and there are no other understandings or representations W other than as set forth, or incorporated by reference,herein. c 0 z No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by v m authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement.ECOLOGY and :a co RECIPIENT may change their respective staff contacts without the concurrence of either party. 'a 0 d This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so E approved. ti m The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective c organizations to this Agreement. ti o� N _ O E Washington State m City of Kent Department of Ecology Q c aM .y d By: By: w Joenne McGerr Date Dana L Ralph Date c� Shorelands Mayor 13 0 Program Manager 0 U- W Template Approved to Form by _ Attorney General's Office to m L 0 _ Cd G V Q Template Version 12/10/2020 Packet Pg. 315 State of Washington Department of Ecology Agreement No: SEAFBD-2123-KentPW-00021 Project Title: Downey Farmstead Restoration Project Recipient Name: City of Kent N L 0 SCOPE OF WORK Q Task Number: 1 Task Cost: $15,000.00 d E Task Title: 1.Project Administration/Management Q Task Description: A. The RECIPIENT will administer the project.Responsibilities will include,but not be limited to: maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation;progress reports and recipient c closeout report(including photos); compliance with applicable procurement, contracting,and inter-local agreement 0 requirements; application of,receipt of, and compliance with all required permits,licenses, easements,or property rights y necessary for the project; and submittal of required performance items. m c B. The RECIPIENT must manage the project. Efforts will include: conducting,coordinating, and scheduling project activities z and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designee; V m the ECOLOGY; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT :a co must carry out this project in accordance with any completion dates outlined in this agreement. Budget deviations are allowed a between budget objects, e.g., the RECIPIENT may spend less money on one task and more on another,but under no N circumstances may the RECIPIENT exceed the total project cost. The approval of the ECOLOGY Project Manager is E required for this deviation. Ui m Task Goal Statement: c Properly managed project that meets agreement and ECOLOGY's administrative requirements. ti o� Task Expected Outcome: *Timely and complete submittal of requests for reimbursement,quarterly progress reports and recipient closeout report. m *Properly maintained project documentation. E d L 0) Q _ Recipient Task Coordinator: Melissa Dahl aM .y 1.Project Administration/Management p Deliverables c Number Description Due Date a 13 1.1 Payment Requests/Progress Reports(PRPR) 00 6= 1.2 Recipient Close Out Report(RCOR) 06/30/2025 M 1.3 Project Outcome Summary Report 06/30/2025 0 0 z Cn c a� E z c� r Q Template Version 12/10/2020 Packet Pg. 316 State of Washington Department of Ecology Agreement No: SEAFBD-2123-KentPW-00021 Project Title: Downey Farmstead Restoration Project Recipient Name: City of Kent N L 0 SCOPE OF WORK Q Task Number: 2 Task Cost: $0.00 d E Task Title: 2.Design and Permitting Q Task Description: The RECIPIENT will obtain the required permits, and complete the full design for the project. c 0 A. The RECIPIENT will obtain local, state, federal,or other environmental permits. The RECIPIENT will upload copies of permits in EAGL. y 0 d B. The RECIPIENT will comply with the Cultural Resources Review requirements of the Governor's Executive Order 21-02, and submit cultural resources review documents. The RECIPIENT will submit a copy of the Inadvertent Discovery Plan(IDP) z to the ECOLOGY Project Manager,and will notify all contractors on site about IDP protocol. The RECIPIENT will notify the V m ECOLOGY Project Manager if there is an archaeological finding on site during project implementation. :a co 0 C. The RECIPIENT will complete a final design, signed and sealed by a Washington State-licensed engineer and submit it to N ECOLOGY. E M 1L Task Goal Statement: c Ensure the final design,permitting,and compliance requirements of the project are complete before project construction begins. c C Task Expected Outcome: ti o� Copy of completed final design,required permits,required cultural resources documents, and other related documents. c m E m Recipient Task Coordinator: Melissa Dahl a� 2.Design and Permitting aM Deliverables rn d 0 Number Description Due Date w 2.1 Environmental Compliance. Local, state,and federal environmental permits; and list of the permits obtained.Upload in EAGL and notify ECOLOGY 13 Project Manager. 00 2.2 Cultural Resources Review Documents.Due to confidentiality,do not upload -tea to EAGL.Email surveys to ECOLOGY Project Manager. M m 2.3 Inadvertent Discovery Plan(IDP). Upload copy in EAGL and notify o z Cn ECOLOGY Project Manager. c 2.4 Final design, signed and sealed by Washington State-licensed engineer. E Upload copy in EAGL and notify ECOLOGY Project Manager. M r Q Template Version 12/10/2020 Packet Pg. 317 State of Washington Department of Ecology Agreement No: SEAFBD-2123-KentPW-00021 Project Title: Downey Farmstead Restoration Project Recipient Name: City of Kent N L 0 SCOPE OF WORK Q Task Number: 3 Task Cost: $3,740,200.00 d E Task Title: 3. Excavate Channel and Install Habitat Structures P tM Q Task Description: The RECIPIENT has already excavated approx. 150,000 cubic yards(CY)of material from the project site. The RECIPIENT needs to excavate approx. 60,000 CY of material from the project site,including the fine grading of the c three-stem braided side channels within the project area. 0 The RECIPIENT will also install approx.44 habitat structures(of varying types)comprised of approx. 423 individual pieces of M woody debris. These structures(which include three large engineered logjams at the request of the Muckleshoot Indian Tribe) c will provide complex salmon habitat within the new side channel. Previously salvaged trees from the former tree farm on the site z will comprise many of the habitat structures to save on cost and reduce haul costs and impacts. v m co The RECIPIENT will also ensure the project design team is available throughout the duration of the project to help answer a questions; ensure plans and specifications are followed; ensure permit conditions are followed;review and recommend approval or rejection of material submittals; complete construction inspection reports; coordinate meetings;recording E construction inspections;review invoices;review and facilitate change order requests and field directives and responses to RFIs Li (requests for information) from the contractor;and manage all the required documents to meet state and local contracting requirements, including the Washington State Dept. of Labor and Industries'requirements. c C A. The RECIPIENT staff will provide ongoing support during the preparation, construction,inspection, and close out of active ti o� construction at the project site. c m B. The RECIPIENT will submit updated project schedules and include them with each quarterly Progress Report/Payment m Request(PRPR). a� Q c C. The RECIPIENT will complete the following channel excavation and hauling sub-tasks: aM .y d 0 1. Install erosion and sediment control best management practices for the channel excavation and hauling, including river isolation system. 2. Clear vegetation from top and face of riverbank. Stockpile trees for re-use. a 3. Set survey stakes for removal area. 0 0 4. Excavate and grade site to match the final design. U_ 5. Excavate earthen plug to the design standards. c 6. Seed with non-competitive erosion control mix and remove construction stormwater best management practices. 0 m L 0 D. The RECIPIENT will be responsible for completing the following habitat structure installation sub-tasks: Cn c d 1. Install erosion and sediment control BMP's for the habitat structure installation, and clear vegetation within work area. z Stockpile trees for re-use. 2. Set survey stakes for habitat structures. Q Template Version 12/10/2020 Packet Pg. 318 State of Washington Department of Ecology 8.G.a Agreement No: SEAFBD-2123-KentPW-00021 Project Title: Downey Farmstead Restoration Project Recipient Name: City of Kent N L 3. Drive piles/dig holes for engineered log structures. 0 4. Excavate a trench around the piles for the buried log structures. Q 5. Backfill habitat structures per the designed elevations with excavated soils and cap with topsoil for planting. 6. Seed with non-competitive erosion control mix. d E m m E. The RECIPIENT will submit as-built drawings to ECOLOGY. Q c F. The RECIPIENT will submit annotated,before and after construction photos to ECOLOGY. `L° c 0 Task Goal Statement: L As designed in the plans and specifications,the project will be constructed, and the remaining excavation will be completed 0 rn efficiently with minimal impact to the Green River. Construction will be monitored by the RECIPIENT'S construction and d survey staff to ensure work is done accurately, in accordance with City standards and permitting requirements. m c c 0 The large woody structures will be anchored and installed along the project's three-stem braided side channels,including v engineered logjams at the mouth of each channel inlet. co Task Expected Outcome: d 2 Channel excavation will result in a side-channel network that is accessible to salmon for up to nine months out of the year, rn E including around 150 days during the key juvenile Chinook salmonid outmigration period(January-June). Excavation and ti off-site disposal will also provide 130-acre feet of new flood storage and resultant water level drops during large flood events. 3 0 0 Large woody features will provide additional complex habitat for salmon once the features are installed. o� N _ Recipient Task Coordinator: Melissa Dahl E 3.Excavate Channel and Install Habitat Structures m L Deliverables Q c aM Number Description Due Date C 3.1 Project schedule,including project milestones.Update and include with each quarterly Progress Report/Payment Request for ECOLOGY Project Manager c review. 0. 13 3.2 As-built drawings.Upload copy in EAGL and notify ECOLOGY Project 0 U_ Manager. rn c 3.3 Annotated before and after photos of the construction phase. Upload in EAGL 0 m and notify ECOLOGY Project Manager. `o z Cn c d E z c� r Q Template Version 12/10/2020 Packet Pg. 319 State of Washington Department of Ecology Agreement No: SEAFBD-2123-KentPW-00021 Project Title: Downey Farmstead Restoration Project Recipient Name: City of Kent N L 0 SCOPE OF WORK Q Task Number: 4 Task Cost: $278,400.00 d E Task Title: 4. Habitat Planting and Maintenance Q Task Description: The RECIPIENT will plant native shrubs,trees,and ground cover plants following the installation of woody habitat structures. a c 0 A large portion of these native plants will be propagated and grown specifically for this project at the RECIPIENT's native plant nursery,the Green River Nursery. This will save labor and material costs, and ensure quality control of plants over their y 0 d lifetime. m c The RECIPIENT's crews will also be in charge of maintenance of the site.The RECIPIENT will follow the Monitoring, z Maintenance and Adaptive Management Plan for the plantings on site for 10 years,including replacing dead or dying plants. V m After 10 years,the RECIPIENT will maintain the site, in perpetuity. a co M The RECIPIENT will: rn E L A. Submit a planting list,including the quantities and species of plants, to ECOLOGY by uploading in EAGL. Ui m B. Submit the Monitoring,Maintenance and Adaptive Management Plan. This plan describes the parameters,performance c standards and adaptive management for the Downey Farmstead Restoration over a ten year period after initial plan installation. The RECIPIENT will upload this in EAGL. ti o� N C. Submit annotated,before and after photos of the plantings. Upload in EAGL and notify ECOLOGY Project Manager. m E m Task Goal Statement: a� Approximately 40,940 native trees, shrubs,ground-cover and live stake plants will be installed in the 18-acre project footprint, Q c with a particular focus on the south bank. aM .y d 0 Task Expected Outcome: The RECIPIENT will follow the Monitoring,Maintenance and Adaptive Management Plan for the plantings on site,in perpetuity. The native plants will provide complex habitat for the salmonids, fish, and other species that will utilize the project a area,as well as much needed shade to the Southern bank of this reach of the Green River. 0 0 U_ W 13 _ 0 d L 0 Cn d E V Q Template Version 12/10/2020 Packet Pg. 320 State of Washington Department of Ecology 8.G.a Agreement No: SEAFBD-2123-KentPW-00021 Project Title: Downey Farmstead Restoration Project Recipient Name: City of Kent N L Recipient Task Coordinator: Melissa Dahl 0 4.Habitat Planting and Maintenance ' Q Deliverables c d Number Description Due Date m L 4.1 � Species and quantity list for all plantings. Upload in EAGL and notify Q ECOLOGY Project Manager. 'L^ V 4.2 Annotated before and after photos of the planting phase. Upload in EAGL and c 0 notify ECOLOGY Project Manager. W L 4.3 0 Monitoring,Maintenance and Adaptive Management Plan.Upload copy to y d EAGL and notify ECOLOGY Project Manager. m c c 0 z v m co 0 d rn E L M tL d 3 0 0 ti o� N C E N L Q T .y d 0. 0 O tL W C M d L 0 Cn d E V Q Template Version 12/10/2020 Packet Pg. 321 State of Washington Department of Ecology 8.G.a Agreement No: SEAFBD-2123-KentPW-00021 Project Title: Downey Farmstead Restoration Project Recipient Name: City of Kent N 'L 0 s BUDGET Q Funding Distribution EG220438 a0i E m m NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment Q remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. M c Funding Title: Floodplains by Design Funding Type: Grant Funding Effective Date: 07/01/2021 Funding Expiration Date: 06/30/2025 L- 0 Funding Source: Title: State Building Construction Account(SBCA) c 0 z Fund: v m Type: State co Funding Source%: 100% d Description: State Building Construction Account(SBCA) rn E L M tL d 3 Approved Indirect Costs Rate: Approved State Indirect Rate: 0% Recipient Match%: 20% InKind Interlocal Allowed: Yes N InKind Other Allowed: Yes Is this Funding Distribution used to match a federal grant? No m d L Floodplains by Design Task Total Q c 1.Project Administration/Management $ 15,000.00 y d C 2.Design and Permitting $ 0.00 y c a 3. Excavate Channel and Install Habitat Structures $ 3,740,200.00 'a 0 0 LL W 4.Habitat Planting and Maintenance $ 278,400.00 c 0 m L Total: $ 4,033,600.00 Cn d E z c� r Q Template Version 12/10/2020 Packet Pg. 322 State of Washington Department of Ecology 8.G.a Agreement No: SEAFBD-2123-KentPW-00021 Project Title: Downey Farmstead Restoration Project Recipient Name: City of Kent N L 0 Funding Distribution Summary s Q Recipient/Ecology Share c d E Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total L Floodplains by Design 20.00 % $ 806,720.00 $ 3,226,880.00 $ 4,033,600.( Q c M Total $ 806,720.00 $ 3,226,880.00 $ 4,033,600.( c 0 AGREEMENT SPECIFIC TERMS AND CONDITIONS 0 d If the RECIPIENT match requirements are not met,the RECIPIENT will reimburse ECOLOGY a proportionate share of the W grant funds. c M z SPECIAL TERMS AND CONDITIONS v m co Floodplains by Design and Flood Control Assistance Account Program - Special Terms and Conditions a 1. Local Decision: This grant is made in response to a request for financial assistance from the RECIPIENT to undertake flood N damage prevention projects. The choice of floodplain management activities addressed by this grant is a local decision made E solely by the RECIPIENT. The RECIPIENT is not acting as an agent of the State of Washington. ti 2. Lawsuits: Ecology shall not be responsible for any non-contractual damage or inverse condemnation claims resulting from = the structures or works constructed,repaired,restored,maintained,or improved pursuant to this grant. c 3. Indemnification,Hold Harmless and Duty to Defend a. Ecology shall in no way be held responsible for payment of salaries, consultant's fees,and other costs related to the project 1- described herein,except as provided in the scope of work. b. This paragraph applies to negligence based claims only.All other claims are governed by paragraph 4 of this section(item m 3.d). To the extent the constitution and laws of the State of Washington permit,RECIPIENT shall indemnify,defend and hold m harmless the State,its agencies, officers and employees, from all claims, suits or actions brought for any or all injuries to persons or property arising from,or as a consequence of,negligent acts or omissions related to the construction,restoration, Q c repair,maintenance,improvement or operation of the structures or works for which this grant is provided. If the structures or aM .y works for which this grant is received are a portion of an integrated flood protection system, RECIPIENT agrees to indemnify, C defend and hold harmless the State of Washington,its agencies,employees, and officers against any and all liability arising out of the operation,maintenance,or repair of that integrated flood protection system;PROVIDED,however,that this provision is not intended to and shall not be construed as a waiver by RECIPIENT of any immunities conferred upon the RECIPIENT by a RCW 86.12.037 nor is it intended to,and it shall not be construed to,confer any rights upon third parties. 0 0 c. The RECIPIENT will not be required to indemnify,defend, or save harmless the State,its agencies, officers or employees U_ as provided in the preceding paragraph of this section if the claim, suit,or action for injuries, death,or damages is caused by c the sole negligence of the State. Where such claims, suits, or actions result from the concurrent negligence of(a)the State,or m the State's agents or employees and(b)the RECIPIENT or the RECIPIENT's agents or employees,the indemnity provisions `o s provided in the preceding paragraphs of this section shall be valid and enforceable only to the extent of the RECIPIENT's Cn negligence or the negligence of its agents and employees. d. To the extent that the constitution and laws of the State of Washington permit,RECIPIENT shall indemnify and hold z harmless the State of Washington,its agencies,employees, and officers against any and all liability arising out of the continued operation,maintenance,or repair of the structures or works constructed,restored,repaired,maintained or improved as a Q Template Version 12/10/2020 Packet Pg. 323 State of Washington Department of Ecology 8.G.a Agreement No: SEAFBD-2123-KentPW-00021 Project Title: Downey Farmstead Restoration Project Recipient Name: City of Kent N L result of this grant. If the structures or works for which this grant is received are portions of an integrated flood protection 0 system,RECIPIENT agrees to indemnify,defend and hold harmless the State of Washington,its agencies,employees,and Q officers against any and all liability arising out of the operation,maintenance, or repair of that integrated flood protection system;PROVIDED,however,that the indemnity provisions of this paragraph are not intended to and shall not be construed a) as a waiver by Recipient of any immunities conferred upon the Recipient by RCW 86.12.037 nor are they intended to, and m they shall not be construed to,confer any rights upon third parties. This agreement applies to all non-negligent, Q non-contractually based claims including,but not limited to,inverse condemnation,contribution,indemnification,trespass and/or nuisance. `L° 4.Any development activity funded by this grant which occurs in the Federal Emergency Management Agency c 0 (FEMA)-mapped regulatory floodplain, also known as the Special Flood Hazard Area(SFHA),may trigger the need for a L floodplain development permit from the local agency with floodplain management jurisdiction. "Development" is defined at 44 $ rn CFR 59.1 as " ... any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures,mining,dredging, filling,grading,paving,excavation or drilling operations or storage of equipment or materials." m c Further, any activity funded by this grant may change the base flood elevations from physical changes affecting the floodplain. a 0 Communities are required by 44 CFR 65.3 to submit new data to FEMA in the event their actions affect the base flood v elevation and the regulatory map(the SFHA). 5. ECOLOGY waives property acquisition report appraisal requirements for properties valued at $25,000 or less. When the co estimated property value does not exceed$25,000, and the acquisition is not complex, the RECIPIENT may be exempt from d meeting appraisal and review appraisal standards. Such exemptions must be requested in writing and approved by the rn E ECOLOGY Project Manager before the closing on the property. The RECIPIENT must follow the appraisal waiver standards ti in 44 C.F.R. § 24.102. 6. Some RECIPIENTS are required to provide grant match. Match is made up of three different types of contributions: cash 3 expenditures, in kind other, and in kind interlocal. Cash match expenditures are eligible costs paid by the RECIPIENT and are C not reimbursed by ECOLOGY. In kind contributions are property or services that benefit a project and are contributed to the ti RECIPIENT by a third party without direct monetary compensation. In kind other is a type of contribution where the third N party making the contribution is not a government entity. In kind interlocal is a type of contribution where both the grant c RECIPIENT and the third party making the contribution are both government entities and have a signed Inter-local agreement E between them. L 7.RECIPIENTS are required to submit a copy of the original invoice in the Payment Request backup documention if an Q invoice number is referenced on a primary or subcontractor invoice. 8. To be eligible for reimbursement,RECIPIENTS must provide documentation of how an expenditure is directly related to the Ecology will not reimburse an expenditure that is already included in the indirect rate. At Ecology's sole discretion project. gY Y p Y � gY >, ECOLOGY may approve reimbursement for the percentage of an expenditure that is directly related to the project. y FLOODPLAINS BY DESIGN FUNDING PROGRAM AND FCAAP GRANTS SPECIAL TERMS AND M CONDITIONS LAST UPDATED MAY 2021. 13 0 0 GENERAL FEDERAL CONDITIONS U_ W C If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is E m used to match a federal grant award,the following terms and conditions apply to you. L0 z Cn A. CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION: E z 1. The RECIPIENT/CONTRACTOR,by signing this agreement, certifies that it is not suspended, debarred,proposed for r debarment,declared ineligible or otherwise excluded from contracting with the federal government,or from receiving Q Template Version 12/10/2020 Packet Pg. 324 State of Washington Department of Ecology 8.G.a Agreement No: SEAFBD-2123-KentPW-00021 Project Title: Downey Farmstead Restoration Project Recipient Name: City of Kent N L contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements 0 contained in the certification,they must provide an explanation as to why they cannot. Q 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by d reason of changed circumstances. 3. The terms covered transaction,debarred, suspended, ineligible,lower tier covered transaction,participant,person, Q primary covered transaction,principal,proposal,and voluntarily excluded,as used in this clause,have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact M ECOLOGY for assistance in obtaining a copy of those regulations. c 0 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a L person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, 0 rn declared ineligible,or voluntarily excluded from participation in this covered transaction. d 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled m c "CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier covered v transactions. 6. Pursuant to 2CFR180.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered co transaction complies with certification of suspension and debarment requirements. d 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including ti suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it,and all lower tier recipients or 3 contractors,are not suspended or debarred, and will make this proof available to ECOLOGY before requests for p reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov>and print a copy of completed searches to document proof of compliance. N c B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)REPORTING REQUIREMENTS: i CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it with the Q signed agreement to ECOLOGY. LM .y d Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. y c Receives more than$25,000 in federal funds under this award. 'a Receives more than 80 percent of its annual gross revenues from federal funds. 0 Receives more than$25,000,000 in annual federal funds. w c 0 Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form.Ecology is L 0 required to report the FFATA information for federally funded agreements, including the required DUNS number,at Cn www.fsrs. og v<http://www.fsrs.gov/>within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov<hit2://www.usaspending.laov/>. E z c� For more details on FFATA requirements, see www.fsrs..o�ttp://www.fsrs.gov/>. Q Template Version 12/10/2020 Packet Pg. 325 State of Washington Department of Ecology 8.G.a Agreement No: SEAFBD-2123-KentPW-00021 Project Title: Downey Farmstead Restoration Project Recipient Name: City of Kent N .I- C.FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE 0 SERVICES OR EQUIPMENT: Q As required b 2 CFR 200.216 federal rant or loan recipients and subreci cents are prohibited from obligating or expending d q Y g p P� p g g p g E loan or grant funds to: L 1. Procure or obtain; 2. Extend or renew a contract to procure or obtain; or M 3. Enter into a contract(or extend or renew a contract)to procure or obtain equipment, services,or systems that use c 0 covered telecommunications equipment,video surveillance services or services as a substantial or essential component L of any system, or as critical technology as part of any system.As described in Public Law 115-232 0 rn <https://www.govinfo.gov/content/pkia/PLAW-115publ232/pdf/PLAW-115publ232.pdf>, section 889,covered 0 telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE m c Corporation(or any subsidiary or affiliate of such entities). 0 z U Recipients, subrecipients,and borrowers also may not use federal funds to purchase certain prohibited equipment, systems,or services,including equipment, systems,or services produced or provided by entities identified in section 889,are recorded in CO the System for Award Management(SAM)<https://sam.gov/SAM/>exclusion list. M E L M tL d 3 0 0 ti o� N C E N L Q LM.y d 0. 13 0 tL W C M d L 0 M Cn d E V Q Template Version 12/10/2020 Packet Pg. 326 State of Washington Department of Ecology 8.G.a Agreement No: SEAFBD-2123-KentPW-00021 Project Title: Downey Farmstead Restoration Project Recipient Name: City of Kent N L 0 GENERAL TERMS AND CONDITIONS Q Pertaining to Grant and Loan Agreements With the state of Washington,Department of Ecology d E GENERAL TERMS AND CONDITIONS L For DEPARTMENT OF ECOLOGY GRANTS and LOANS Q 06/24/2021 Version 'L^ V 1. ADMINISTRATIVE REQUIREMENTS o a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL Edition." 0 (https:Hfortress.wa.gov/ecy/publications/SummaryPages/1701004.html) y d b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all W FD funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all s subgrantees and contractors comply with the terms and conditions of this Agreement.ECOLOGY reserves the right to request v m proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. N E L M 2. AMENDMENTS AND MODIFICATIONS 1L This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent = modification(s)or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized c representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. N 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer,OCIO Policy no. 188, Accessibility(https://ocio.wa.gov/policy/accessibility)as it relates to"covered technology."This requirement applies to all products supplied under the Agreement,providing equal access to information technology by individuals with disabilities, Q _ including and not limited to web sites/pages,web-based applications, software systems,video and audio content,and electronic R documents intended for publishing on Ecology's public web site. p 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid,minimize,or mitigate adverse effects to archaeological and historic a archaeological sites,historic buildings/structures,traditional cultural places, sacred sites,or other cultural resources,hereby 0 referred to as Cultural Resources. U. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered, 13 c disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. 0 m RECIPIENT shall: `0 z a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: Cn • Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed d prior to expenditure of Agreement funds as required by applicable State and Federal requirements. z *For state funded construction,demolition, or land acquisitions,comply with Governor Executive Order 21-02,Archaeological UM and Cultural Resources. Q Template Version 12/10/2020 Packet Pg. 327 State of Washington Department of Ecology 8.G.a Agreement No: SEAFBD-2123-KentPW-00021 Project Title: Downey Farmstead Restoration Project Recipient Name: City of Kent N L • For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106). 0 b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan(IDP)to ECOLOGY prior to implementing Q any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT shall: a=i • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. Q • Discuss the IDP with staff,volunteers, and contractors working at the project site. • Implement the IDP when Cultural Resources or human remains are found at the project site. M c) If any Cultural Resources are found while conducting work under this Agreement,follow the protocol outlined in the project = 0 IDP. L • Immediately stop work and notify the ECOLOGY Program,who will notify the Department of Archaeology and Historic $ rn Preservation at(360) 586-3065, any affected Tribe, and the local government. d d) If any human remains are found while conducting work under this Agreement,follow the protocol outlined in the project m c IDP. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,the v Department of Archaeology and Historic Preservation at(360)790-1633, and then the ECOLOGY Program. �_ e) Comply with RCW 27.53,RCW 27.44, and RCW 68.50.645,and all other applicable local, state, and federal laws co protecting Cultural Resources and human remains. d E 5. ASSIGNMENT ti No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 3 6. COMMUNICATION p RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,ECOLOGY,all ti affected local, state, or federal jurisdictions, and any interested individuals or groups. N c 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. i ECOLOGY must sign the Agreement before any payment requests can be submitted. Q b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. >, d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. y e) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and supporting cS documentation. ECOLOGY will provide instructions for submitting payment requests. 13 f) ECOLOGY will pay the RECIPIENT thirty(30)days after receipt of a properly completed request for payment. 0 U- g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk. 0 13 To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website,https://ofin.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor L 0 registration process,you can contact Statewide Payee Help Desk at(360)407-8180 or email PayeeRegistration@ofm.wa.gov. Cn h) ECOLOGY may,at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. E i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein,or a portion thereof,has M been completed if,at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement,as Q appropriate,or upon completion of an audit as specified herein. Template Version 12/10/2020 Packet Pg. 328 State of Washington Department of Ecology 8.G.a Agreement No: SEAFBD-2123-KentPW-00021 Project Title: Downey Farmstead Restoration Project Recipient Name: City of Kent N 'L j) RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement, all financial,performance,and 0 other reports required by this Agreement. Failure to comply may result in delayed reimbursement. Q 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal,state and local laws,orders,regulations, and permits related to m this Agreement, including but not limited to: Q a) RECIPIENT agrees to comply with all applicable laws,regulations, and policies of the United States and the State of Washington which affect wages and job safety. M b) RECIPIENT agrees to be bound by all applicable federal and state laws,regulations, and policies against discrimination. c 0 c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. L d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required 0 rn by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. m c ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. V If any provision of this Agreement violates any statute or rule of law of the state of Washington,it is considered modified to conform to that statute or rule of law. 13 R m 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer,member, agent,or employee,who exercises any function or responsibility M in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect,nor m affect the interest of any corporation,partnership,or association in which he/she is a part, in this Agreement or the proceeds 3 thereof. p ti 10. CONTRACTING FOR GOODS AND SERVICES N RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction,purchase of goods,equipment, services, and professional architectural and engineering services °' E through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure L legal,fair,and open competition. Q RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law 00 in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement w c practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state M procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 0 0 U. 11. DISPUTES to 13 When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern,although the RECIPIENT shall have the right to appeal decisions as provided for L 0 below: Cn a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). E c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. c� d) ECOLOGY reviews the RECIPIENT's appeal. Q e) ECOLOGY sends a written answer within ten(10)business days,unless more time is needed, after concluding the review. Template Version 12/10/2020 Packet Pg. 329 State of Washington Department of Ecology Agreement No: SEAFBD-2123-KentPW-00021 Project Title: Downey Farmstead Restoration Project Recipient Name: City of Kent d N L The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty(30)days from the date of such 0 decision,the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly Q authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. d Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision m will not be taken to Environmental and Land Use Hearings Office. tM Pending final decision of a dispute,the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. L Nothing in this Agreement will be construed to limit the parties'choice of another mutually acceptable method,in addition to the c 0 dispute resolution procedure outlined above. L 0 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan(QAPP)for a project that collects or uses environmental m c measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required,the RECIPIENT shall: v • Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY,unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. co • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July 2004 d (Ecology Publication No. 04-03-030). E • Submit the QAPP to ECOLOGY for review and approval before the start of the work. ti b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system(EIM),unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm 3 with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: p http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS)data is collected and N processed. Guidelines for Creating and Accessing GIS Data are available at: c https:Hecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards.RECIPIENT,when E requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers,imagery,related tables,raw data i collection files,map products,and all metadata and project documentation. Q c aM 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington,and the venue of any action brought hereunder will be in the Superior Court of Thurston County. y c 14. INDEMNIFICATION 13 ECOLOGY will in no way be held responsible for payment of salaries,consultant's fees, and other costs related to the project o° U- described herein, except as provided in the Scope of Work. rn 13 To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other r- harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of L 0 that party or that parry's agents or employees arising out of this Agreement. Cn c 15. INDEPENDENT STATUS The employees,volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be M employees,volunteers,or agents of that party and will not for any purpose be employees,volunteers,or agents of the other Q party. Template Version 12/10/2020 Packet Pg. 330 State of Washington Department of Ecology 8.G.a Agreement No: SEAFBD-2123-KentPW-00021 Project Title: Downey Farmstead Restoration Project Recipient Name: City of Kent N L 0 s 16. KICKBACKS Q RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission,or gift in return for award r of a subcontract hereunder. L 17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MWBE) Q c RECIPIENT is encouraged to solicit and recruit,to the extent possible, certified minority-owned(MBE)and women-owned (WBE)businesses in purchases and contracts initiated under this Agreement. 0 0 Contract awards or rejections cannot be made based on MWBE participation;however, the RECIPIENT is encouraged to L take the following actions,when possible, in any procurement under this Agreement: 0 rn a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. m c b) Divide the total requirements,when economically feasible, into smaller tasks or quantities,to permit maximum participation a by qualified minority and women's businesses. v c) Establish delivery schedules,where work requirements permit,which will encourage participation of qualified minority and V women's businesses. 13 d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises(OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce,as appropriate. E L M tL 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving =3 precedence in the following order: (a)applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of G Work; (d) Special Terms and Conditions; (e)Any provisions or terms incorporated herein by reference,including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f)Ecology Funding Program Guidelines; and(g) N General Terms and Conditions. c m E 19. PRESENTATION AND PROMOTIONAL MATERIALS m L ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of Q this Agreement: a) If requested,RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10)business days prior to G production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. w c If requested,RECIPIENT shall provide ECOLOGY two 2 final copies and an electronic co of an tangible products M q � p ( ) P� copy Y g p 'ca developed. 13 Copies include any printed materials, and all tangible products developed such as brochures,manuals,pamphlets,videos,audio 0 U. tapes,CDs,curriculum,posters,media announcements,or gadgets with a message, such as a refrigerator magnet,and any w 13 online communications, such as web pages,blogs, and twitter campaigns. If it is not practical to provide a copy,then the r_ M RECIPIENT shall provide a description(photographs, drawings,printouts, etc.)that best represents the item. L 0 Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic Cn requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact c ECOLOGY for guidelines. a) E RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. c� r Q 20. PROGRESS REPORTING Template Version 12/10/2020 Packet Pg. 331 State of Washington Department of Ecology 8.G.a Agreement No: SEAFBD-2123-KentPW-00021 Project Title: Downey Farmstead Restoration Project Recipient Name: City of Kent N 'L a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to s ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document Q timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a a) progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31,April 1 through June 30,July 1 through September 30,and October 1 through December 31. Reports shall be submitted within thirty(30)days after the end of the quarter being reported. c 0 e) RECIPIENT must submit within thirty(30)days of the expiration date of the project,unless an extension has been approved L by ECOLOGY, all financial,performance, and other reports required by the Agreement and funding program guidelines. 0 rn RECIPIENT shall use the ECOLOGY provided closeout report format. d 21. PROPERTY RIGHTS m c a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,nonexclusive, V and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property, and to authorize others to use the same for federal, state,or local government purposes. co b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; d present papers,lectures,or seminars involving information supplied by ECOLOGY;or use logos,reports,maps,or other data E E in printed reports, signs,brochures,pamphlets,etc.,appropriate credit shall be given to ECOLOGY. ti c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate.ECOLOGY shall 3 acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. p d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology Grants ti and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds N furnished by ECOLOGY in the absence of state and federal statutes,regulations, or policies to the contrary,or upon specific instructions with respect thereto in this Agreement. °' E e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT i co for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property Q is lost,stolen,or damaged while in the RECIPIENT's possession,then ECOLOGY shall be reimbursed in cash or by setoff by LM the RECIPIENT for the fair market value of such property. Acquisition Projects. The following provisions shall apply if the project covered b this Agreement includes funds for the fl q j gP ppY � P j Y g >, acquisition of land or facilities: y c 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 'a 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of 0 U- funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates,or abstracts, and rn attorney's opinions establishing that the land is free from any impediment, lien,or claim which would impair the uses intended bi this Agreement. L 0 g) Conversions. Regardless of the Agreement expiration date,the RECIPIENT shall not at any time convert any equipment, Cn property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally c approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of a) E that portion of the proceeds of the sale,lease,or other conversion or encumbrance which monies granted pursuant to this c� Agreement bear to the total acquisition,purchase,or construction costs of such property. Q Template Version 12/10/2020 Packet Pg. 332 State of Washington Department of Ecology 8.G.a Agreement No: SEAFBD-2123-KentPW-00021 Project Title: Downey Farmstead Restoration Project Recipient Name: City of Kent d N i 22. RECORDS,AUDITS,AND INSPECTIONS 0 RECIPIENT shall maintain complete program and financial records relating to this Agreement,including any engineering Q documentation and field inspection reports of all construction work accomplished. .r All records shall: d a) Be kept in a manner which provides an audit trail for all expenditures. m b) Be kept in a common file to facilitate audits and inspections. t c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three(3)years after the final grant payment or loan repayment,or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the '20 L records. 0 rn ECOLOGY reserves the right to audit,or have a designated third party audit,applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. m c Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. _ M All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY v and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three(3)years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times,in m order to monitor and evaluate performance,compliance, and any other conditions under this Agreement. rn E L M tL 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance 3 of this Agreement and completion of the work described in the Scope of Work. p All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s)or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. N RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%) per year from the time ECOLOGY a) demands repayment of funds. Q Any property acquired under this Agreement,at the option of ECOLOGY,may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. G 24. SEVERABILITY rn If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such cS invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision,and to this end the provisions of this Agreement are declared to be severable. _0 U. 25. STATE ENVIRONMENTAL POLICY ACT(SEPA) w 13 RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act(Chapter 43.21C RCW and Chapter 197-11 WAC)have been or will be met. Any reimbursements are subject to L 0 this provision. Cn c 26. SUSPENSION When in the best interest of ECOLOGY,ECOLOGY may at any time,and without cause, suspend this Agreement or any c� portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT.RECIPIENT shall resume Q performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template Version 12/10/2020 Packet Pg. 333 State of Washington Department of Ecology 8.G.a Agreement No: SEAFBD-2123-KentPW-00021 Project Title: Downey Farmstead Restoration Project Recipient Name: City of Kent N L 0 s 27. SUSTAINABLE PRACTICES Q In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. d a) Sustainable practices may include such activities as: use of clean energy,use of double-sided printing,hosting low impact m meetings,and setting up recycling and composting programs. Q b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment,independently certified green cleaning products,remanufactured toner cartridges,products with reduced packaging, office products that are refillable,rechargeable,and recyclable, 100%post-consumer recycled paper, and toxic free c 0 products. L For more suggestions visit ECOLOGY's web page, Green Purchasing, 0 rn https:Hecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. m c 28. TERMINATION a) For Cause v ECOLOGY may terminate for cause this Agreement with a seven(7)calendar days prior written notification to the RECIPIENT,at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of co any term or condition. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs d incurred in accordance with the terms of this Agreement prior to the effective date of termination. E Failure to Commence Work.ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work M on the project funded within four(4)months after the effective date of this Agreement,or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. 3 Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the p RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails,in the opinion of ti ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any further funds, N terminate in whole or in part this Agreement,and exercise any other rights under this Agreement. c Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY E and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold i payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is Q determined. aM .y d b) For Convenience ECOLOGY may terminate for convenience this Agreement,in whole or in part, for any reason when it is the best interest of y ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT, except as noted below. If this M Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the 'a terms of this Agreement prior to the effective date of termination. o° U_ Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding rn from state, federal or other sources is withdrawn,reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement,ECOLOGY,at its sole discretion,may elect to terminate the Agreement,in L 0 whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to Cn suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide E notice. M In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the Q effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no Template Version 12/10/2020 Packet Pg. 334 State of Washington Department of Ecology 8.G.a Agreement No: SEAFBD-2123-KentPW-00021 Project Title: Downey Farmstead Restoration Project Recipient Name: City of Kent N L event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments. 0 If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated to repay Q monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of d funds by the RECIPIENT's governing body. L c) By Mutual Agreement Q c ECOLOGY and the RECIPIENT may terminate this Agreement,in whole or in part, at any time,by mutual written agreement. c 0 d) In Event of Termination L All finished or unfinished documents, data studies, surveys,drawings,maps,models,photographs,reports or other materials 0 prepared by the RECIPIENT under this Agreement,at the option of ECOLOGY,will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such m c documents and other materials. 0 Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in v accordance with Recovery of Funds,identified herein. -0a co 29. THIRD PARTY BENEFICIARY d 2 RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state of rn E Washington is named as an express third party beneficiary of such subcontracts with full rights as such. ti m 30. WAIVER 3 Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will a not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. N c End of General Terms and Conditions E m d L Q LM.y d S 2 0. 13 0 tL W C M d L 0 Cn d E V Q Template Version 12/10/2020 Packet Pg. 335 8.H • KENT W A S M I N G T O N DATE: January 18, 2022 TO: Kent City Council SUBJECT: Accept the James Street Improvements Watermain and Landscaping - Woodford Avenue North to 102nd Avenue South Project as Complete - Authorize MOTION: I move to authorize the Mayor to accept the James Street Improvements Watermain and Landscaping - Woodford Avenue North to 102nd Avenue South Project as complete and release retainage to R.L. Alia Company upon receipt of standard releases from the State and the release of any liens. SUMMARY: This project replaced over 2,200 lineal feet of aging water main pipe and connections up James Street with new water main pipe which helped the City provide better, more consistent water service to customers. The project also included landscaping improvements in the planter strips along James Street. Other improvements included 2,000 square yards of sidewalk, 50 new wheelchair ramps, 2,000 lineal feet of pedestrian curb, 3,500 lineal feet of new curb and gutter, traffic signal improvements, new audible pedestrian crossings, as well as new driveway, garbage can pads and bus landings. The final contract total paid was $2,210,492.08 which is $140,490.78 over the original contract amount of $2,070,001.30. BUDGET IMPACT: This project was paid for using water and B&O tax funds. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Packet Pg. 336