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HomeMy WebLinkAboutL.N. Curtis And Sons DBA Curtis Blue Line ~ 32600008 ~ CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM Contract Overview Contract/Amendment Number: 32600008 Contract Start Date: 8/1/2025 Contract End Date: 5/26/2026 Contract Title: Law Enforcement Equipment Contractor Name: L.N. Curtis and Sons DBA Curtis Blue Line Contract Manager: Katie Cook-Popenuk Department: PD Contract Costs Original Contract Amount: $75,000 Total All Previous Amendments: n/a Total of this Amendment: n/a Total Contract Amount: $75,000 Procurement Authority Contract Type: Cooperative Contract Procurement Type: PCR 10.085 Cooperative Procurements Solicitation Number: n/a LCRB Date: n/a Account String: Fund-Division-Account Work Order – Activity Type Amount FY 26 various, to be coded as used $75,000 FY FY FY FY Contracts & Purchasing Approval Purchasing Signature: Comments: Contract term through master agreement. Non-encumbered NTE contract. DocuSign Routing Route for Signature Name Email Address Contractor Riki McLenithan rmclenithan@curtisblueline.com City of Tigard Brent Stockwell Brent.stockwell@tigard-or.gov Final Distribution Contractor Riki McLenithan rmclenithan@curtisblueline.com Project Manager Katie Cook-Popenuk katherine.cook-popenuk@tigard-or.gov Project Manager Buyer Rosie McGown Rosie.mcgown@tigard-or.gov City of Tigard Participating Agreement #32600008 Page 1 of 2 CITY OF TIGARD PARTICIPATING AGREEMENT #32600008 through National Purchasing Partners (NPPGov) AGREEMENT PS20275 L.N. Curtis and Sons DBA Curtis Blue Line 185 Lennon Lane Ste 110 Walnut Creek, CA 94597 Payment location: P.O Box 884921 Los Angeles, CA 90088-4921 RE: NPPGov/League of Oregon Cities Agreement #PS20275: Law Enforcement Equipment SPECIFICATIONS FOR GOODS: Curtis Blue Line provides goods for the City of Tigard as described in the NPPGov/League of Oregon Cities Agreement #PS20275: Law Enforcement Equipment, hereinafter called Master Agreement. EFFECTIVE DATE AND DURATION: The initial term of this Agreement shall begin on August 1, 2025 and expires on May 26, 2026 unless terminated sooner as provided herein. CONSIDERATION: The City agrees to pay Contractor a sum not to exceed $75,000 for receipt and acceptance of the Goods in accordance with the schedule identified in the Master Agreement. Unit price payments are made to Contractor by the City for the Product delivered to the City’s specified location and accepted by the City. Acceptance occurs when the City authorizes payment of the invoice. Unit prices will be exclusive of any sales, purchaser, or consumer tax. Tax exemption certificates can be furnished to Contractor upon request. INSURANCE: Contractor and its subcontractors must maintain insurance acceptable to the City in full force and effect through the term of this Agreement. Such insurance must cover risks arising directly or indirectly out of Contractor’s activities or work hereunder, including the operations of its subcontractors of any tier. Additional Insured Provisions: All required insurance policies other than Workers’ Compensation and Professional Liability, must name the City its officers, employees, agents and representatives as additional insureds with respect to this Agreement. Certificates of Insurance: Prior to full execution of this Agreement, contractor will furnish the City with the required Certificate of Insurance referencing this Agreement by number, if known, coverage dates, amount, and type of insurance required by this Agreement. BUSINESS LICENSE: Prior to execution of any performance under this Agreement, contractor must obtain a City of Tigard Business License. HOURS OF LABOR, PAY EQUITY: In accordance with ORS 279B.235, the following are hereby incorporated in full by this reference: Contractor may not employ an individual for more than 10 hours in any one day, or 40 hours in any one week, except as provided by law. For contracts for personal services, as defined in ORS 279A.055, Contractor must pay employees at least time and a half pay for all overtime the employees work in excess of 40 hours in any one week, except for employees who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to 209 from receiving overtime. Docusign Envelope ID: 0B60130E-6655-49E6-B025-F22E53AE83E3 City of Tigard Participating Agreement #32600008 Page 2 of 2 Contractor must give notice in writing to employees who work on a public contract, either at the time of hire or before commencement of work on the contract, or by positing a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits or other compensation with another employee or another person and may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits or other compensation with another employee or another person. Contractor must comply with the pay equity provisions in ORS 652.220. Compliance is a material element of this Agreement and failure to comply will be deemed a breach that entitles City to terminate this Agreement for cause. NON-DISCRIMINATION: Contractor will comply with all federal, state, and local laws, codes, regulations, and ordinances applicable to the provision of services under this Agreement, including, without limitation: Title VI of the Civil Rights Act of 1964; Section V of the Rehabilitation Act of 1973; The Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act (ADAAA) of 2008 (Pub L No 101-336); and ORS 659A.142, including all amendments of an regulations and administrative rules, and all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. DELIVERY: All equipment, goods and/or materials, or services shall be FOB delivered to the City of Tigard, as specified in each individual order. METHOD & PLACE OF SUBMITTING NOTICE, BILLS AND PAYMENTS: All notices and bills will be made in writing and may be given by personal delivery, mail or fax. Payments may be made by personal delivery, mail, or electronic transfer. The following addresses will be used to transmit notices, bills, payments, and other information: CITY OF TIGARD L.N. CURTIS AND SONS DBA CURTIS BLUE LINE Attn: Katie Cook-Popenuk Attn: Riki McLenithan Address: 13125 SW Hall Blvd Tigard, OR 97223 Address: 11570 SW Tiedeman Ave. Tigard, OR 97223 Phone: (503) 718-2554 Phone: (503) 656-0353 Email: katherine.cook-popenuk@tigard-or.gov Email: rmclenithan@curtisblueline.com Exhibit A: NPPGov/League of Oregon Cities Agreement #PS20275 CITY OF TIGARD L.N. CURTIS AND SONS DBA CURTIS BLUE LINE By: __________________________________ By: __________________________________ Name: _______________________________ Name: _______________________________ Title: ________________________________ Title: ________________________________ Date: ________________________________ Date: ________________________________ Docusign Envelope ID: 0B60130E-6655-49E6-B025-F22E53AE83E3 Store Manager Riki McLenithan 7/31/2025 7/31/2025 Brent Stockwell City Manager LEAGUE OF OREGON CITIES MASTER PRICE AGREEMENT This Master Price Agreement is effective as of the date of the last signature below (the “Effective Date”) by and between the LEAGUE OF OREGON CITIES, an Oregon public corporation under ORS Chapter 190 (“LOC” or “Purchaser”) and CURTIS BLUE LINE (“Vendor”). RECITALS WHEREAS, the Vendor is in the business of selling certain LAW ENFORCEMENT EQUIPMENT, as further described herein; and WHEREAS, the Vendor desires to sell and the Purchaser desires to purchase certain products and related services all upon and subject to the terms and conditions set forth herein; and 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 WHEREAS, the LEAGUE OF OREGON CITIES asserts that the solicitation and Request for Proposal meet Oregon public contracting requirements (ORS 279, 279A, 279B and 279C et. seq.); and WHEREAS, Purchaser and Vendor desire to extend the terms of this Master Price Agreement to benefit other qualified government members of National Purchasing Partners, LLC dba Public Safety GPO, dba First Responder GPO, dba Law Enforcement GPO and dba NPPGov; NOW, THEREFORE, Vendor and Purchaser, intending to be legally bound, hereby agree as follows: ARTICLE 1 – CERTAIN DEFINITIONS 1.1 “Agreement” shall mean this Master Price Agreement, including the main body of this Agreement and Attachments A-F attached hereto and by this reference incorporated herein, including Purchaser’s Request for Proposal No. 2010 (herein “RFP”) and Vendor’s Proposal submitted in response to the RFP (herein “Vendor’s Proposal”) as referenced and incorporated herein as though fully set forth (sometimes referred to collectively as the “Contract Documents”). 1.2 “Applicable Law(s)” shall mean all applicable federal, state and local laws, statutes, ordinances, codes, rules, regulations, standards, orders and other governmental requirements of any kind. 1.3 “Employee Taxes” shall mean all taxes, assessments, charges and other amounts whatsoever payable in respect of, and measured by the wages of, the Vendor’s employees (or subcontractors), as required by the Federal Social Security Act and all amendments thereto and/or any other applicable federal, state or local law. 1.4 “Purchaser’s Destination” shall mean such delivery location(s) or destination(s) as Purchaser may prescribe from time to time. DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDEC Exhibit A Docusign Envelope ID: 0B60130E-6655-49E6-B025-F22E53AE83E3 2 1.5 “Products and Services” shall mean the products and/or services to be sold by Vendor hereunder as identified and described on Attachment A hereto and incorporated herein, as may be updated from time to time by Vendor to reflect products and/or services offered by Vendor generally to its customers. 1.6 “Purchase Order” shall mean any authorized written order for Products and Services sent by Purchaser to Vendor via mail, courier, overnight delivery service, email, fax and/or other mode of transmission as Purchaser and Vendor may from time to time agree. 1.7 “Unemployment Insurance” shall mean the contribution required of Vendor, as an employer, in respect of, and measured by, the wages of its employees (or subcontractors) as required by any applicable federal, state or local unemployment insurance law or regulation. 1.8 “National Purchasing Partners” or “(NPP)” is a subsidiary of two nonprofit health care systems. The Government Division of NPP, hereinafter referred to as “NPPGov”, provides group purchasing marketing and administrative support for governmental entities within the membership. NPPGov’s membership includes participating public entities across North America. 1.9 “Lead Contracting Agency” shall mean the LEAGUE OF OREGON CITIES, which is the governmental entity that issued the Request for Proposal and awarded this resulting Master Price Agreement. 1.10 “Participating Agencies” shall mean members of National Purchasing Partners for which Vendor has agreed to extend the terms of this Master Price Agreement pursuant to Article 2.6 and Attachment C herein. For purposes of cooperative procurement, “Participating Agency” shall be considered “Purchaser” under the terms of this Agreement. 1.11 “Party” and “Parties” shall mean the Purchaser and Vendor individually and collectively as applicable. ARTICLE 2 – AGREEMENT TO SELL 2.1 Vendor hereby agrees to sell to Purchaser such Products and Services as Purchaser may order from time to time by Purchase Order, all in accordance with and subject to the terms, covenants and conditions of this Agreement. Purchaser agrees to purchase those Products and Services ordered by Purchaser by Purchase Order in accordance with and subject to the terms, covenants and conditions of this Agreement. 2.2 Vendor may add additional products and services to the contract provided that any additions reasonably fall within the intent of the original RFP specifications. Pricing on additions shall be equivalent to the percentage discount for other similar products. Vendor may provide a web-link with current product listings, which may be updated periodically, as allowed by the terms of the resulting Master Price Agreement. Vendor may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products may be added to avoid competitive procurement requirements. LOC may reject any additions without cause. 2.3 All Purchase Orders issued by Purchaser to Vendor for Products during the term (as hereinafter defined) of this Agreement are subject to the provisions of this Agreement as though fully set forth in such Purchase Order. The Vendor retains authority to negotiate above and beyond the terms of this Agreement to meet the Purchaser or Vendor contract requirements. In the event that the provisions of this Agreement conflict with any Purchase Order issued by Purchaser to Vendor, the provisions of this Agreement shall DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDECDocusign Envelope ID: 0B60130E-6655-49E6-B025-F22E53AE83E3 3 govern. No other terms and conditions, including, but not limited to, those contained in Vendor’s standard printed terms and conditions, on Vendor’s order acknowledgment, invoices or otherwise, shall have any application to or effect upon or be deemed to constitute an amendment to or to be incorporated into this Agreement, any Purchase Order, or any transactions occurring pursuant hereto or thereto, unless this Agreement shall be specifically amended to adopt such other terms and conditions in writing by the Parties. 2.4 Notwithstanding any other provision of this Agreement to the contrary, the Lead Contracting Agency shall have no obligation to order or purchase any Products and Services hereunder and the placement of any Purchase Order shall be in the sole discretion of the Participating Agencies. This Agreement is not exclusive. Vendor expressly acknowledges and agrees that Purchaser may purchase at its sole discretion, Products and Services that are identical or similar to the Products and Services described in this Agreement from any third party. 2.5 In case of any conflict or inconsistency between any of the Contract Documents, the documents shall prevail and apply in the following order of priority: (i) This Agreement; (ii) The RFP; (iii) Vendor’s Proposal; 2.6 Extension of contract terms to Participating Agencies: 2.6.1 Vendor agrees to extend the same terms, covenants and conditions available to Purchaser under this Agreement to Participating Agencies, that have executed an Intergovernmental Cooperative Purchasing Agreement (“IGA”) as may be required by each Participating Agency’s local laws and regulations, in accordance with Attachment C. Each Participating Agency will be exclusively responsible for and deal directly with Vendor on matters relating to ordering, delivery, inspection, acceptance, invoicing, and payment for Products and Services in accordance with the terms and conditions of this Agreement as if it were “Purchaser” hereunder. Any disputes between a Participating Agency and Vendor will be resolved directly between them under and in accordance with the laws of the State in which the Participating Agency exists. Pursuant to the IGA, the Lead Contracting Agency shall not incur any liability as a result of the access and utilization of this Agreement by other Participating Agencies. 2.6.2 This Solicitation meets the public contracting requirements of the Lead Contracting Agency and may not be appropriate under or meet Participating Agencies’ procurement laws. Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements. 2.6.3 Vendor acknowledges execution of a Vendor Administration Fee Agreement with NPPGov, pursuant to the terms of the RFP. 2.7 Oregon Public Agencies are prohibited from use of Products and Services offered under this Agreement that are already provided by qualified nonprofit agencies for disabled individuals as listed on the Department of Administrative Service’s Procurement List (“Procurement List”) pursuant to ORS 279.835-.855. See www.OregonRehabilitation.org/qrf for more information. Vendor shall not sell products and services identified on the Procurement List (e.g., reconditioned toner cartridges) to Purchaser or Participating Agencies within the state of Oregon. DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDECDocusign Envelope ID: 0B60130E-6655-49E6-B025-F22E53AE83E3 4 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 providing notification in writing at least thirty (30) calendar days prior to the annual automatic extension anniversary of the Initial Term. 3.2 Either Vendor or the Lead Contracting Agency may terminate this Agreement by written notice to the other party if the other Party breaches any of its obligations hereunder and fails to remedy the breach within thirty (30) days after receiving written notice of such breach from the non-breaching party. ARTICLE 4 – PRICING, INVOICES, PAYMENT AND DELIVERY 4.1 Purchaser shall pay Vendor for all Products and Services ordered and delivered in compliance with the terms and conditions of this Agreement at the pricing specified for each such Product and Service on Attachment A, including shipping. Unless Attachment A expressly provides otherwise, the pricing schedule set forth on Attachment A hereto shall remain fixed for the Initial Term of this Agreement; provided that manufacturer pricing is not guaranteed and may be adjusted based on the next manufacturer price increase. Pricing contained in Attachment A shall be extended to all NPPGov, Public Safety GPO, First Responder GPO and Law Enforcement GPO members upon execution of the IGA. 4.2 Vendor shall submit original invoices to Purchaser in form and substance and format reasonably acceptable to Purchaser. All invoices must reference the Purchaser’s Purchase Order number, contain an itemization of amounts for Products and Services purchased during the applicable invoice period and any other information reasonably requested by Purchaser, and must otherwise comply with the provisions of this Agreement. Invoices shall be addressed as directed by Purchaser. 4.3 Unless otherwise specified, Purchaser is responsible for any and all applicable sales taxes. Attachment A or Vendor’s Proposal (Attachment D) shall specify any and all other taxes and duties of any kind which Purchaser is required to pay with respect to the sale of Products and Services covered by this Agreement and all charges for packing, packaging and loading. 4.4 Except as specifically set forth on Attachments A and F, Purchaser shall not be responsible for any additional costs or expenses of any nature incurred by Vendor in connection with the Products and Services, including without limitation travel expenses, clerical or administrative personnel, long distance telephone charges, etc. (“Incidental Expenses”). 4.5 Price reductions or discount increases may be offered at any time during the contract term and shall become effective upon notice of acceptance from Purchaser. 4.6 Notwithstanding any other agreement of the Parties as to the payment of shipping/delivery costs, and subject to Attachments A, D, and F herein, Vendor shall offer delivery and/or shipping costs prepaid FOB Destination. If there are handling fees, these also shall be included in the pricing. 4.7 Unless otherwise directed by Purchaser for expedited orders, Vendor shall utilize such common carrier for the delivery of Products and Services as Vendor may select; provided, however, that for expedited orders Vendor shall obtain delivery services hereunder at rates and terms not less favorable than those paid by Vendor for its own account or for the account of any other similarly situated customer of Vendor. DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDECDocusign Envelope ID: 0B60130E-6655-49E6-B025-F22E53AE83E3 5 4.8 Vendor shall have the risk of loss of or damage to any Products until delivery to Purchaser. Purchaser shall have the risk of loss of or damage to the Products after delivery to Purchaser. Title to Products shall not transfer until the Products have been delivered to and accepted by Purchaser at Purchaser’s Destination. ARTICLE 5 – INSURANCE 5.1 During the term of this Agreement, Vendor shall maintain at its own cost and expense (and shall cause any subcontractor to maintain) insurance policies providing insurance of the kind and in the amounts generally carried by reasonably prudent manufacturers in the industry, with one or more reputable insurance companies licensed to do business in Oregon and any other state or jurisdiction where Products and Services are sold hereunder. Such certificates of insurance shall be made available to the Lead Contracting Agency upon 48 hours’ notice. BY SIGNING THE AGREEMENT PAGE THE VENDOR AGREES TO THIS REQUIREMENT AND FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN CANCELLATION OF THIS MASTER PRICE AGREEMENT. 5.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of this Agreement is satisfactorily completed and formally accepted. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the Lead Contracting Agency. The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to the Lead Contracting Agency under such policies. Vendor shall be solely responsible for the deductible and/or self-insured retention and the Lead Contracting Agency, at its option, may require Vendor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 5.3 Vendor shall carry Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Vendor’s employees engaged in the performance of the work or services, as well as Employer’s Liability insurance. Vendor waives all rights against the Lead Contracting Agency and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Vendor pursuant to this Agreement. 5.4 Insurance required herein shall not be permitted to expire, be canceled, or materially changed without thirty days (30 days) prior written notice to the Lead Contracting Agency. ARTICLE 6 – INDEMNIFICATION AND HOLD HARMLESS 6.1 Vendor agrees that it shall indemnify, defend and hold harmless Lead Contracting Agency, its respective officials, directors, employees, members and agents (collectively, the “Indemnitees”), from and against any and all damages, claims, losses, expenses, costs, obligations and liabilities (including, without limitation, reasonable attorney’s fees), suffered directly or indirectly by any of the Indemnitees to the extent of, or arising out of, (i) any breach of any covenant, representation or warranty made by Vendor in this Agreement, (ii) any failure by Vendor to perform or fulfill any of its obligations, covenants or agreements set forth in this Agreement, (iii) the negligence or intentional misconduct of Vendor, any subcontractor of Vendor, or any of their respective employees or agents, (iv) any failure of Vendor, its subcontractors, or their respective employees to comply with any Applicable Law, (v) any litigation, proceeding or claim by any third party relating in any way to the obligations of Vendor under this Agreement or Vendor’s performance under this Agreement, (vi) any Employee Taxes or Unemployment Insurance, or (vii) any claim alleging that the DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDECDocusign Envelope ID: 0B60130E-6655-49E6-B025-F22E53AE83E3 6 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 willful misconduct of, Lead Contracting Agency or its officials, directors, employees, agents or contractors. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. The indemnity obligations of Vendor under this Article shall survive the expiration or termination of this Agreement for two years. 6.2 LIMITATION OF LIABILITY: IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INJURIES TO PERSONS OR TO PROPERTY OR LOSS OF PROFITS OR LOSS OF FUTURE BUSINESS OR REPUTATION, WHETHER BASED ON TORT OR BREACH OF CONTRACT OR OTHER BASIS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6.3 The same terms, conditions and pricing of this Agreement may be extended to government members of National Purchasing Partners, LLC. In the event the terms of this Agreement are extended to other government members, each government member (procuring party) shall be solely responsible for the ordering of Products and Services under this Agreement. A non-procuring party shall not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold non- procuring parties or unrelated purchasing parties harmless from any liability that may arise from action or inaction of the procuring party. ARTICLE 7 – WARRANTIES Purchaser shall refer to Vendor’s Proposal for all Vendor and manufacturer express warranties, as well as those warranties provided under Attachment B herein. ARTICLE 8 - INSPECTION AND REJECTION 8.1 Purchaser shall have the right to inspect and test Products at any time prior to shipment, and within a reasonable time after delivery to the Purchaser’s Destination. Products not inspected within a reasonable time after delivery shall be deemed accepted by Purchaser. The payment for Products shall in no way impair the right of Purchaser to reject nonconforming Products, or to avail itself of any other remedies to which it may be entitled. 8.2 If any of the Products are found at any time to be defective in material or workmanship, damaged, or otherwise not in conformity with the requirements of this Agreement or any applicable Purchase Order, as its exclusive remedy, Purchaser may at its option and at Vendor’s sole cost and expense, elect either to (i) return any damaged, non-conforming or defective Products to Vendor for correction or replacement, or (ii) require Vendor to inspect the Products and remove or replace damaged, non-conforming or defective Products with conforming Products. If Purchaser elects option (ii) in the preceding sentence and Vendor fails promptly to make the necessary inspection, removal and replacement, Purchaser, at its option, may inspect the Products and Vendor shall bear the cost thereof. Payment by Purchaser of any invoice shall not constitute acceptance of the Products covered by such invoice, and acceptance by Purchaser shall not relieve Vendor of its warranties or other obligations under this Agreement. 8.3 The provisions of this Article shall survive the expiration or termination of this Agreement. DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDECDocusign Envelope ID: 0B60130E-6655-49E6-B025-F22E53AE83E3 7 ARTICLE 9 – SUBSTITUTIONS Except as otherwise permitted hereunder, Vendor may not make any substitutions of Products, or any portion thereof, of any kind without the prior written consent of Purchaser. ARTICLE 10 - COMPLIANCE WITH LAWS 10.1 Vendor agrees to comply with all Applicable Laws and at Vendor’s expense, secure and maintain in full force during the term of this Agreement, all licenses, permits, approvals, authorizations, registrations and certificates, if any, required by Applicable Laws in connection with the performance of its obligations hereunder. At Purchaser’s request, Vendor shall provide to Purchaser copies of any or all such licenses, permits, approvals, authorizations, registrations and certificates. 10.2 Purchaser has taken all required governmental action to authorize its execution of this Agreement and there is no governmental or legal impediment against Purchaser’s execution of this Agreement or performance of its obligations hereunder. ARTICLE 11 – PUBLICITY / CONFIDENTIALITY 11.1 No news releases, public announcements, advertising materials, or confirmation of same, concerning any part of this Agreement or any Purchase Order issued hereunder shall be issued or made without the prior written approval of the Parties. Neither Party shall in any advertising, sales materials or in any other way use any of the names or logos of the other Party without the prior written approval of the other Party. 11.2 Any knowledge or information which Vendor or any of its affiliates shall have disclosed or may hereafter disclose to Purchaser, and which in any way relates to the Products and Services covered by this Agreement shall not, unless otherwise designated by Vendor, be deemed to be confidential or proprietary information, and shall be acquired by Purchaser, free from any restrictions, as part of the consideration for this Agreement. ARTICLE 12 - RIGHT TO AUDIT Subject to Vendor’s reasonable security and confidentiality procedures, Purchaser, or any third party retained by Purchaser, may at any time upon prior reasonable notice to Vendor, during normal business hours, audit the books, records and accounts of Vendor to the extent that such books, records and accounts pertain to sale of any Products and Services hereunder or otherwise relate to the performance of this Agreement by Vendor. Vendor shall maintain all such books, records and accounts for a period of at least three (3) years after the date of expiration or termination of this Agreement. The Purchaser’s right to audit under this Article 12 and Purchaser’s rights hereunder shall survive the expiration or termination of this Agreement for a period of three (3) years after the date of such expiration or termination. ARTICLE 13 - REMEDIES Except as otherwise provided herein, any right or remedy of Vendor or Purchaser set forth in this Agreement shall not be exclusive, and, in addition thereto, Vendor and Purchaser shall have all rights and remedies under Applicable Law, including without limitation, equitable relief. The provisions of this Article shall survive the expiration or termination of this Agreement. DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDECDocusign Envelope ID: 0B60130E-6655-49E6-B025-F22E53AE83E3 8 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 creating a joint venture or partnership between Vendor and Purchaser. Neither Party has the power or authority to bind or commit the other. ARTICLE 15 - NOTICES All notices required or permitted to be given or made in this Agreement shall be in writing. Such notice(s) shall be deemed to be duly given or made if delivered by hand, by certified or registered mail or by nationally recognized overnight courier to the address specified below: If to Lead Contracting Agency: LEAGUE OF OREGON CITIES 1201 Court St. NE Suite 200 Salem OR 97301 ATTN: Jamie Johnson-Davis Email: rfp@ORCities.org If to Vendor: CURTIS BLUE LINE 185 Lennon Lane Suite 110 Walnut Creek CA 94598 ATTN: Nick Lawrence Email: NLawrence@LNCurtis.com Either Party may change its notice address by giving the other Party written notice of such change in the manner specified above. ARTICLE 16 - FORCE MAJEURE Except for Purchaser’s obligation to pay for Products and Services delivered, delay in performance or non-performance of any obligation contained herein shall be excused to the extent such failure or non- performance is caused by force majeure. For purposes of this Agreement, “force majeure” shall mean any cause or agency preventing performance of an obligation which is beyond the reasonable control of either Party hereto, including without limitation, fire, flood, sabotage, shipwreck, embargo, strike, explosion, labor trouble, accident, riot, acts of governmental authority (including, without limitation, acts based on laws or regulations now in existence as well as those enacted in the future), acts of nature, and delays or failure in obtaining raw materials, supplies or transportation. A Party affected by force majeure shall promptly provide notice to the other, explaining the nature and expected duration thereof, and shall act diligently to remedy the interruption or delay if it is reasonably capable of being remedied. In the event of a force majeure situation, deliveries or acceptance of deliveries that have been suspended shall not be required to be made upon the resumption of performance. DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDECDocusign Envelope ID: 0B60130E-6655-49E6-B025-F22E53AE83E3 9 ARTICLE 17 - WAIVER No delay or failure by either Party to exercise any right, remedy or power herein shall impair such Party’s right to exercise such right, remedy or power or be construed to be a waiver of any default or an acquiescence therein; and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy or power. No waiver hereunder shall be valid unless set forth in writing executed by the waiving Party and then only to the extent expressly set forth in such writing. ARTICLE 18 - PARTIES BOUND; ASSIGNMENT This Agreement shall inure to the benefit of and shall be binding upon the respective successors and assigns of the Parties hereto, but it may not be assigned in whole or in part by Vendor without prior written notice to Purchaser which shall not be unreasonably withheld or delayed. ARTICLE 19 - SEVERABILITY To the extent possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under Applicable Law. If any provision of this Agreement is declared invalid or unenforceable, by judicial determination or otherwise, such provision shall not invalidate or render unenforceable the entire Agreement, but rather the entire Agreement shall be construed as if not containing the particular invalid or unenforceable provision or provisions and the rights and obligations of the Parties shall be construed and enforced accordingly. ARTICLE 20 - INCORPORATION; ENTIRE AGREEMENT 20.1 All the provisions of the Attachments hereto are hereby incorporated herein and made a part of this Agreement. In the event of any apparent conflict between any provision set forth in the main body of this Agreement and any provision set forth in the Attachments, including the RFP and/or Vendor’s Proposal, the provisions shall be interpreted, to the extent possible, as if they do not conflict. If such an interpretation is not possible, the provisions set forth in the main body of this Agreement shall control. 20.2 This Agreement (including Attachments and Contract Documents hereto) constitutes the entire Agreement of the Parties relating to the subject matter hereof and supersedes any and all prior written and oral agreements or understandings relating to such subject matter. ARTICLE 21 - HEADINGS Headings used in this Agreement are for convenience of reference only and shall in no way be used to construe or limit the provisions set forth in this Agreement. ARTICLE 22 - MODIFICATIONS This Agreement may be modified or amended only in writing executed by Vendor and the Lead Contracting Agency. The Lead Contracting Agency and each Participating Agency contracting hereunder acknowledge and agree that any agreement entered into in connection with any Purchase Order hereunder shall constitute a modification of this Agreement as between the Vendor and the Participating Agency. Any modification of this Agreement as between Vendor and any Participating Agency shall not be deemed a modification of this Agreement for the benefit of the Lead Contracting Agency or any other Participating Agency. DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDECDocusign Envelope ID: 0B60130E-6655-49E6-B025-F22E53AE83E3 10 ARTICLE 23 - GOVERNING LAW This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon or in the case of a Participating Agency’s use of this Agreement, the laws of the State in which the Participating Agency exists, without regard to its choice of law provisions. ARTICLE 24 - COUNTERPARTS This Agreement may be executed in counterparts all of which together shall constitute one and the same Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year last written below. PURCHASER: Signature: ____________________________________ Printed Name: Title: ____________________________________________ LEAGUE OF OREGON CITIES Dated: ____________________________ VENDOR: Signature: ______________________________ Printed Name: Title: _____________________________ CURTIS BLUE LINE Dated: ____________________________ DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDEC 5/26/2020 Director, Special Programs Nick Lawrence Mike Cully Executive Director 5/26/2020 Docusign Envelope ID: 0B60130E-6655-49E6-B025-F22E53AE83E3 11 ATTACHMENT A to Master Price Agreement by and between VENDOR and PURCHASER. PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES CBL’s price schedule includes two separate pricing approaches: 1. Pricing for customers located in the forty-eight contiguous states and Alaska (FOB: Origin) 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)) 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 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. CBL’s Pricing Schedule is based upon a fixed percentage (%) off marked prices defined within each of the individual suppliers’ catalog included in the “Current Catalog” section of Vendor’s proposal: Cur+B1:G60tis Blue Line Product Catalog League of Oregon Cities/NPPGov RFQ 2010 "Law Enforcement Equipment" Brand Product Description Discount (%) Category Number Galvion Body Armor 20 1A ProTech / Safariland Body Armor 20 1A Safariland Body Armor Body Armor 30 1A ESS Protective Gear 25 1B Hatch / Safariland Protective Gear 20 1B Invisio Protective Gear Net 1B Monadnock / Safariland Protective Headgear 15 1B TCI / Safariland Protective Gear 5 1B ASP Handcuffs and Restraints 20 1C Safariland Handcuffs and Restraints 20 1C ASP Less Lethal Equipment 20 1D DefenseTech Less Lethal Equipment Net 1D Hogue Less Lethal Equipment 5 1D Monadnock / Safariland Less Lethal Equipment Net 1D Leupold Surveillance Equipment Net 1E Night Vision Devices Surveillance Equipment Net 1E Steiner Surveillance Equipment Net 1E Zistos Surveillance Equipment Net 1E Forensics Source Investigations & Evidence Equipment Net 1G Broco Tactical Equipment 8 1H CMC Tactical Equipment 10 1H Paratech Tactical Equipment 2 1H Safariland Tactical Equipment 20 1H Streamlight Tactical Equipment 40 1H Invisio Communications, Radios, and GPS Net 1I DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDECDocusign Envelope ID: 0B60130E-6655-49E6-B025-F22E53AE83E3 12 TCI / Safariland Communications, Radios, and GPS 5 1I Blauer Traffic Safety and Control Equipment 30 1J Dicke Safety Products Traffic Safety and Control Equipment 5 1J Streamlight Traffic Safety and Control Equipment 40 1J ASP Training and Safety Equipment 20 1K Federal Signal Vehicle Equipment 20 1L Bates Duty Gear 5 2A Blackhawk Duty Gear 30 2A Danner Duty Gear 20 2A Edward Garments Duty Gear 5 2A First Tactical Duty Gear 20 2A Midway Caps Duty Gear 5 2A Safariland Duty Gear 30 2A Samuel Broome Duty Gear 5 2A Under Armor Duty Gear 25 2A Vertx Duty Gear 30 2A 5.11 Uniforms 20 2B Blauer Uniforms 30 2B Fechheimer Uniforms 30 2B Propper Uniforms 30 2B Spiewak Uniforms 30 2B Blackinton Badges and ID Cards 10 2C Hero's Pride Badges and ID Cards 10 2C 5.11 Concealment and plainclothes 20 2D Propper Concealment and plainclothes 30 2D Under Armor Concealment and plainclothes 25 2D Vertx Concealment and plainclothes 30 2D 5.11 Eyewear 20 2E ESS Eyewear 25 2E Revision Eyewear 20 2E Under Armor Eyewear 25 2E 5.11 Bags 20 2F Vertx Bags 30 2F SOG Firearms 25 3A EOTech Firearms Accessories 10 3B ESS Firearms Accessories 25 3B Sig Sauer Ammunition & Training ammunition Net 3C Surefire Shooting Range Gear 25 3D Benchmade Knives 25 3E Gerber Knives 30 3E TCI / Safariland Tools for Weapons and Ammunition 5 3F Paratech Specialty Tools 2 4A Pricing contained in this Attachment A shall be extended to all NPPGov members upon execution of the Intergovernmental Agreement. Participating Agencies may purchase from Vendor’s authorized dealers and distributors, as applicable, provided the pricing and terms of this Agreement are extended to Participating Agencies by such dealers and distributors. Vendor’s authorized dealers and distributors, as applicable, are identified in a [list, link found at http:], as may be updated from time to time. [ A current list may be obtained from Vendor.] DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDECDocusign Envelope ID: 0B60130E-6655-49E6-B025-F22E53AE83E3 13 ATTACHMENT B to Master Price Agreement by and between VENDOR and PURCHASER. ADDITIONAL SELLER WARRANTIES To the extent possible, Vendor will make available all warranties from third party manufacturers of Products not manufactured by Vendor, as well as any warranties identified in this Agreement and Vendor’s Proposal. DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDECDocusign Envelope ID: 0B60130E-6655-49E6-B025-F22E53AE83E3 14 ATTACHMENT C to Master Price Agreement by and between VENDOR and PURCHASER. PARTICIPATING AGENCIES The Lead Contracting Agency in cooperation with National Purchasing Partners (NPPGov) entered into this Agreement on behalf of other government agencies that desire to access this Agreement to purchase Products and Services. Vendor must work directly with any Participating Agency concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing, and payment. The Lead Contracting Agency shall not be held liable for any costs, damages, etc., incurred by any Participating Agency. Any subsequent contract entered into between Vendor and any Participating Agency shall be construed to be in accordance with and governed by the laws of the State in which the Participating Agency exists. Each Participating Agency is directed to execute an Intergovernmental Cooperative Purchasing Agreement (“IGA”), as set forth on the NPPGov web site, www.nppgov.com. The IGA allows the Participating Agency to purchase Products and Services from the Vendor in accordance with each Participating Agency’s legal requirements as if it were the “Purchaser” hereunder. DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDECDocusign Envelope ID: 0B60130E-6655-49E6-B025-F22E53AE83E3 15 ATTACHMENT D to Master Price Agreement by and between VENDOR and PURCHASER. Vendor’s Proposal (The Vendor’s Proposal is not attached hereto.) (The Vendor’s Proposal is incorporated by reference herein.) DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDECDocusign Envelope ID: 0B60130E-6655-49E6-B025-F22E53AE83E3 16 ATTACHMENT E to Master Price Agreement by and between VENDOR and PURCHASER. Purchaser’s Request for Proposal (The Purchaser’s Request for Proposal is not attached hereto.) (The Purchaser’s Request for Proposal is incorporated by reference herein.) DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDECDocusign Envelope ID: 0B60130E-6655-49E6-B025-F22E53AE83E3 17 ATTACHMENT F to Master Price Agreement by and between VENDOR and PURCHASER. ADDITIONAL VENDOR TERMS OF PURCHASE, IF ANY. DocuSign Envelope ID: 6168B5EA-9E79-416C-AB12-B3E7DA82EDECDocusign Envelope ID: 0B60130E-6655-49E6-B025-F22E53AE83E3 1 Fourteenth Amendment to Master Price Agreement for LAW ENFORCEMENT EQUIPMENT Product Additions This Amendment to the Master Price Agreement is entered into this 31st day of March 2025 by LEAGUE OF OREGON CITIES LOC (“Purchaser”) and CURTIS BLUE LINE (“Vendor”) based upon the sales and/or service of Law Enforcement Equipment. RECITALS WHEREAS, Purchaser and Vendor entered into a Master Price Agreement numbered PS20275 on or about May 26, 2020 and by this reference incorporated herein; and WHEREAS, Purchaser and Vendor entered into the First Amendment to the Master Price Agreement on or about April 27, 2021 and by this reference incorporated herein; and WHEREAS, Purchaser and Vendor entered into the Second Amendment to the Master Price Agreement on or about July 15, 2021 and by this reference incorporated herein; and WHEREAS, Purchaser and Vendor entered into the Third Amendment to the Master Price Agreement on or about October 27, 2021 and by this reference incorporated herein; and WHEREAS, Purchaser and Vendor entered into the Fourth Amendment to the Master Price Agreement on or about December 17, 2021 and by this reference incorporated herein; and WHEREAS, Purchaser and Vendor entered into the Fifth Amendment to the Master Price Agreement on or about January 24, 2022 and by this reference incorporated herein; and WHEREAS, Purchaser and Vendor entered into the Sixth Amendment to the Master Price Agreement on or about February 15, 2022 and by this reference incorporated herein; and WHEREAS, Purchaser and Vendor entered into the Seventh Amendment to the Master Price Agreement on or about April 7, 2022 and by this reference incorporated herein; and WHEREAS, Purchaser and Vendor entered into the Eighth Amendment to the Master Price Agreement on or about April 21, 2023 and by this reference incorporated herein; and WHEREAS, Purchaser and Vendor entered into the Ninth Amendment to the Master Price Agreement on or about May 26, 2023 and by this reference incorporated herein; and WHEREAS, Purchaser and Vendor entered into the Tenth Amendment to the Master Price Agreement on or about July 17, 2023 and by this reference incorporated herein; and WHEREAS, Purchaser and Vendor entered into the Eleventh Amendment to the Master Price Agreement on or about October 26, 2023 and by this reference incorporated herein; and WHEREAS, Purchaser and Vendor entered into the Twelfth Amendment to the Master Price Agreement on or about January 29, 2024 and by this reference incorporated herein; and WHEREAS, Purchaser and Vendor entered into the Thirteenth Amendment to the Master Price Agreement on or about October 21, 2024 and by this reference incorporated herein; and Docusign Envelope ID: E215883E-F857-4910-9DA1-4DC60B263905Docusign Envelope ID: 0B60130E-6655-49E6-B025-F22E53AE83E3 2 WHEREAS, Attachment A of the Master Price Agreement provides a price list of products offered by Vendor; and WHEREAS, Vendor desires to add four products to the price list as permitted under the terms of the Master Price Agreement; and WHEREAS, Vendor has provided notice, on or about March 28, 2025, to add four products to the price list in Attachment A; and WHEREAS, Purchaser and Vendor desire that the Master Price Agreement shall be amended in part to reflect the addition of four products. NOW, THEREFORE, Purchaser and Vendor enter into the following: Docusign Envelope ID: E215883E-F857-4910-9DA1-4DC60B263905Docusign Envelope ID: 0B60130E-6655-49E6-B025-F22E53AE83E3 3 AMENDMENT TO MASTER PRICE AGREEMENT 1. Product Addition. Attachment A to the Master Price Agreement shall be amended in part to reflect the following product additions: Supplier Product Discount Off List Contract (Product) Category Security Equipment - Sabre Less Lethal Equipment 20% LE Category 1D. Equipment Strong Leather Badges and ID Cards 15% LE Category 2C. Uniforms and Accessories United Tactical Systems - Pepperball Less Lethal Equipment 15% LE Category 1D. Equipment Unity Tactical Tactical Equipment 10% LE Category 1H. Equipment 2. Full Force and Effect. In each and every other respect, the terms of the Master Price Agreement, as amended, entered into between the parties on or about May 26, 2020, shall remain in full force and effect during the term of the agreement and the parties hereto hereby ratify said Master Price Agreement in its entirety, as if fully set out herein, along with the modifications identified herein. IN WITNESS WHEREOF, the parties have hereto signed this Amendment on the day and year first above written. LEAGUE OF OREGON CITIES _______________________________ Date _________________________ BY: ITS: CURTIS BLUE LINE _______________________________ Date _________________________ BY: ITS: Docusign Envelope ID: E215883E-F857-4910-9DA1-4DC60B263905 Tom Burtch April 1, 2025 | 3:09 PM PDT Regional Operations Manager April 7, 2025 | 7:41 AM PDT Patricia M. Mulvihill Executive Director Docusign Envelope ID: 0B60130E-6655-49E6-B025-F22E53AE83E3