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DocuSign Envelope ID: F4D38498-6182-495F-9F57-49F44D76229A <br /> Linking Agreement <br /> Orange County and FESCO Emergency Sales <br /> THIS LINKING AGREEMENT (this "Agreement") is entered into this the day of <br /> 5/31/2016 2016, between the County of Orange, a local political subdivision of the State of <br /> North Carolina (:County") and FESCO Emergency Sales, a Maryland corporation authorized to <br /> do business in North Carolina("Contractor"), collectively, the "Parties." <br /> RECITALS <br /> A. Whereas on May 9, 2014 the Cooperative Purchasing Program ("HGACBuy") of the <br /> Houston-Galveston Area Council of Governments solicited invitations to submit <br /> competitive bids to furnish Ambulances, EMS & Other Special Services Vehicles for <br /> more than 7,000 member local governments, districts, and agencies across the United <br /> States ("HGACBuy Bid") which is attached as Exhibit A and hereby incorporated into <br /> this Agreement; and <br /> B. Whereas, on October 1, 2014, the Houston-Galveston Area Council ("H-GAC"), the H- <br /> GAC entered into an Cooperative Purchasing Contract with a Horton Emergency <br /> Vehicles as an Agent for participating government agencies, referred to as "End Users" <br /> for the purchase of Ambulances, EMS & Other Special Services Vehicles offered by the <br /> Horton Emergency Vehicles and described in the Ambulance, EMS & Other Special <br /> Services Vehicles Contract ("Contract No. AM10-14"), which is attached as Exhibit B <br /> and hereby incorporated into this Agreement; and <br /> C. Whereas H-GAC, Horton Emergency Vehicles and Contractor entered into an <br /> Assignment and Assumption Agreement whereby Horton Emergency Vehicles assigned <br /> performance of its obligations under Contract No. AM10-14 to Contractor for <br /> cooperative purchasing business in specific areas, which is hereby incorporated into this <br /> Agreement and attached as Exhibit C; and <br /> D. Whereas Contract has agreed under the Assignment and Assumption Agreement to <br /> perform as stipulated in the Contract No. AM10-14 and comply with all the terms and <br /> conditions set forth therein; and <br /> E. Whereas N. C. Gen. Stat. § 143-129(e)(3) provides an exception to the formal bidding <br /> requirements under N. C. Gen. Stat. § 143-129 when goods and services are purchased <br /> through a formally organized competitive bidding group purchase program that offers <br /> competitively obtained purchasing services at discount prices to two or more public <br /> entities under a cooperative purchasing agreements when the best interests of the County <br /> would be served; and <br /> F. Whereas, Contract No. AM10-14 was procured through formally organized competitive <br /> bidding group purchase program that offers competitively obtained purchasing services <br /> 1 <br /> Revised March 23,2016 <br />