Agenda packet — Apple Valley City Council, November 12, 2024 (part 1 of 2)

APPLE VALLEY TOWN COUNCIL
AGENDA

Tuesday, November 12, 2024, 6:30 p.m.

Council Chamber

PLEASE SILENCE CELL PHONES UPON ENTERING THE CHAMBER
THIS MEETING IS BROADCAST LIVE AND VIEWABLE ON FRONTIER CHANNEL 29 OR CHARTER SPECTRUM CHANNEL 186 AND LIVE STREAMED ONLINE AT HTTPS://APPLEVALLEY.TV. THE TOWN OF APPLE VALLEY SUPPORTS PUBLIC COMMENTS FOR INDIVIDUALS NOT PHYSICALLY PRESENT AND WISHING TO MAKE PUBLIC COMMENTS.

PLEASE EMAIL YOUR COMMENT TO [email protected]. COMMENTS SHOULD BE SUBMITTED BY 12:00 P.M. ON THE MEETING DATE TO BE INCLUDED IN THE RECORD.

The meeting will occur in the Council Chamber located at 14955 Dale Evans Parkway in Apple Valley, California.

This is an agenda for the scheduled meeting of the Town of Apple Valley.

This agenda contains a brief description of each item of business to be considered at today’s meeting. In accordance with the Brown Act, this meeting agenda is posted at least 72 hours prior to the regularly scheduled meeting. The agenda, its supporting documents and all writings received by the Town Council related to these items are public records and available for review during regular business hours in the Town Clerk’s office in the Town Council Chamber. The agenda and its supporting documents, along with live and archived video of the meeting, can be viewed online at http://www.applevalley.org. However, the online agenda may not include all available supporting documents or the most current version of documents.

Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Town Clerk’s Office at 14955 Dale Evans Parkway, Apple Valley, CA during normal business hours. Such documents are also available on the Town of Apple Valley website at www.applevalley.org subject to staff’s ability to post the documents before the meeting.

Items listed on the Consent Calendar are expected to be routine and non-controversial and, unless the Town Council directs that an item be held for further discussion, the entire Consent Calendar will be acted upon as the first item of business. If the Town Council directs that an item listed on the Consent Calendar be held for further discussion, the item will be addressed immediately after approval of the Consent Calendar.

In accordance with the Rules of Procedure, members of the public may address the Town Council on any item on the agenda and on any matter that is within the Town Council’s jurisdiction. To address the Town Council regarding an item, complete and submit the yellow card entitled Request to Speak.

Please indicate on the card whether you are speaking under Public Comments or on an item that is listed on the agenda and please list the item number.

No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of the Town Council/Redevelopment Agency or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3.

When called, approach the podium and if desired, please state your name before giving your presentation. Speakers may address the Town Council for up to three (3) minutes. Speakers are to address the Town Council as a whole through the Presiding Officer. Comments to individual Council Members and/or staff are not permitted.

Individuals, who demonstrate disruptive conduct during Town Council meetings that prevent the Town Council from conducting its meeting in an orderly manner, are guilty of a misdemeanor as stated in PC403, disrupting a public meeting and are subject to removal from the chamber or arrest.

The Town of Apple Valley recognizes its obligation to provide equal access to those individuals with disabilities. Please contact the Town Clerk’s Office at (760) 240-7000 two working days prior to the scheduled meeting for any requests for reasonable accommodations.

Pages

1. Call to Order

2. Opening Ceremonies

2.1 Invocation
Pastor Kit Johnson Life Point Baptist Church

2.2 Pledge of Allegiance

2.3 Presentations
Employee of the Quarter - Fourth (4th) Quarter - Shannon Dunkle, Public Relations Specialist

3. Public Comments

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4. Councilmember Committee/Commission/Community Participation 7 Councilmembers to make brief reports on their participation on committees, boards, and commissions on the Town’s behalf since the last meeting.

Councilmembers may also make brief reports on their community participation.

No formal action will be taken.

5. Town Council Announcements

5.1 Suggested items for next Agenda

5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - December 10, 2024 - Council Chamber Regular Session at 6:30 p.m.

6. Town Council Consent Agenda
Recommended Motion:

To approve the Consent Calendar items numbered 6.1 - 6.13 as recommended.

6.1 APPROVAL OF MINUTES 9
That the Town Council approve the subject minutes as part of the consent agenda.

6.2 OCTOBER 2024 COMMERCIAL WARRANTS AND WIRE TRANSFER

SCHEDULES
15 That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.

6.3 OCTOBER 2024 PAYROLL/BENEFITS WARRANTS SCHEDULE 32
That the Town Council receive, ratify, and file the payroll/benefits warrants as presented.

6.4 PROFESSIONAL SERVICES AGREEMENT WITH MDG ASSOCIATES

INC-THIRD AMENDMENT
34 Approve the extension of the Professional Services Agreement between the Town of Apple Valley and MDG Associates Inc. for an additional term of two (2) years.

6.5 ACCEPT THE FINAL MAP FOR PARCEL MAP NO. 20778 APPLICANT:

ALTEC LAND PLANNING
41 It is recommended that Town Council accept the final map for Parcel Map No. 20778.

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6.6 ACCEPTANCE OF WORK FOR MODULAR KENNELS AT APPLE

VALLEY SHELTER
49 That the Town Council:

Accept the work completed by Hitt Construction Company, Inc. as part of the Apple Valley Animal Shelter Concrete Foundation - project No. 2024-0065 for a total cost of $70,000.

B. Approve budget amendment totaling $26,500.

Direct the Town Clerk to file the Notice of Completion for the contract work.

Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

6.7 ACCEPTANCE OF WORK FOR THE YUCCA LOMA ROAD WIDENING

PROJECT
54 That the Town Council:

Accept the work completed by Onyx Paving Company, Inc. for the Yucca Loma Road Widening project for a total contract cost of $1,572,179.89.

Direct the Town Clerk to file the Notice of Completion for the contract work.

Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

6.8 ACCEPTANCE OF WORK FOR THE CHIP SEAL 2024 PROJECT 59 That the Town Council:

Accept the work completed by American Pavement Systems, Inc. for the Chip Seal 2024 project for a total contract cost of $2,217,506.20.

Direct the Town Clerk to file the Notice of Completion for the contract work.

Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

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6.9 ACCEPTANCE OF WORK FOR THE DOUBLE MODULAR

DEMOLITION PROJECT
64 That the Town Council:

Accept the work completed by Unlimited Environmental, Inc. as part of the Double Modular Demolition Project for a total contract cost of $78,709.48.

Direct the Town Clerk to file the Notice of Completion for the contracted work.

Direct the Finance Department to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

6.10 AWARD DESIGN SERVICES FOR THE CIVIC CENTER PARK
PICKLEBALL PROJECT NO. PR 2024-04
70 That the Town Council award a professional services contract to KimleyHorn and Associates, Inc. for the design of the Civic Center Pickleball Court Project in the amount of $176,741 and a 10% contingency of $17,674, for a total amount not to exceed $194,415.

6.11 APPROVE PURCHASE OF PLAYGROUND STRUCTURE AND
RUBBER SURFACING FOR CAPTAIN JOSEPH MCCONNELL JR.

USAF PARK (MCCONNELL PARK)
88 That the Town Council approve and authorize the Town Manager or his designee to approve the price proposal and authorize a purchase order with Playcore Wisconsin, Inc. dba GameTime, for the purchase and installation of one playground structure including pour-in-place rubber surfacing in the amount not to exceed $412,078.44. The new playground will be installed at the Captain Joseph McConnell Jr. USAF Park (McConnell Park).

6.12 APPROVE PURCHASE AND INSTALLATION OF RUBBER TRACK
SURFACING FOR CAPTAIN JOSEPH MCCONNELL JR. USAF PARK
(MCCONNELL PARK)
192
That the Town Council approve and authorize the Town Manager or his designee to approve the price proposal and authorize a purchase order with Benyon Sports Surfaces, Inc. for the purchase and installation of new synthetic sports track surfacing in the amount not to exceed $221,309. The new synthetic track surfacing will be installed at the Captain Joseph McConnell Jr. USAF Park (McConnell Park).

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6.13 APPROVE PURCHASE OF TWO SHADE STRUCTURES FOR
CAPTAIN JOSEPH MCCONNELL JR. USAF PARK (MCCONNELL
PARK)
239
That the Town Council approve and authorize the Town Manager or his designee to approve the price proposal and authorize a purchase order with Icon Shelter Systems for the purchase of two shade structures in the amount not to exceed $74,500.01. The new shade structures will be installed at the Captain Joseph McConnell Jr. USAF Park (McConnell Park).

7. Public Hearings

8. Business of the Council

9. Reports, Requests and Communications

10. Town Manager’s Comments & Legislative Update

11. Closed Session
Recommended Motion:

To Adjourn the regular meeting to move into Closed Session at TIME to discuss the following:

11.1 CLOSED SESSION 255
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Negotiations with Real Property Negotiator – Property: APNs 3087-391- 01 and 3087-391-02; 22131 Powhatan Road, Apple Valley, CA 92308; Agency Negotiator: Town Manager, or designee; Negotiating Parties:

County of San Bernardino; Under Negotiation: Price and terms of payment.

B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED

LITIGATION
Initiation of Litigation Pursuant to Paragraph (4) of Subsection (D) of Section 54956.9: Two Cases
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Paragraph (1) of Subdivision (D) of Government Code Section 54956.9 Case No.: Civds1600180 – Town of Apple Valley vs.

Apple Valley Ranchos Water Company Et Al.; and Town of Apple Valley vs. Apple Valley Ranchos Water Company, Et Al., Court of Appeal Case No. E078348.

12. Adjournment
Recommended Motion:

To adjourn the meeting of the Apple Valley Town Council at TIME.

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TOWN OF APPLE VALLEY

TOWN COUNCIL SERVING ON BOARDS, COMMITTEES & COMMISSIONS

CITIZEN ADVISORY COMMITTEES

HISTORICAL ADVISORY COMMITTEE (HAC)
Council Member Cusack
Meets every 2nd Tuesday of each month at 9:00 a.m.,
(location may vary)

SPECIAL ADVISORY COMMITTEES
DISASTER PREPAREDNESS*
Mayor - Chairman
Meets quarterly at 1:30 p.m., Town of Apple Valley
Conference Center - Development Services Building
14975 Dale Evans Parkway, Apple Valley.

TRAFFIC ADVISORY COMMITTEE (TAC)
Mayor Nassif
As needed.

Town Council Chambers

TOWN PERSONNEL COMMITTEE
Mayor Nassif
Mayor Pro-Tem Bishop
Meets as Needed

PARK AND RECREATION ADVISORY COMMITTEE
Mayor Nassif
Council Member Emick

AD HOC COMMITTEES

APPLE VALLEY ROAD AD HOC COMMITTEE
Mayor Nassif

VILLAGE MERCHANTS AD HOC COMMITTEE
Council Member Emick

SINGLE-FAMILY RESIDENTIAL DESIGN CRITERIA

AD-HOC COMMITTEE
Mayor Pro Tem Art Bishop
Council Member Kari Leon

AGENCY - BOARDS/COMMITTEES &

COMMISSIONS

CALIFORNIA JOINT POWERS INSURANCE

AUTHORITY (CJPIA)
Mayor Nassif – Director
Exec. Committee meets every 4th Wednesday of each
month at 7:00 p.m., La Palma, CA.

CAL CITIES/DESERT MOUNTAIN DIVISION (DMD)
Mayor Nassif- Voting Delegate
Mayor Pro-Tem Bishop – Alternate
Meets as needed, rotating cities.

MOJAVE DESERT AIR QUALITY MANAGEMENT

DISTRICT (MDAQMD)
Council Member Leon-– Delegate
Council Member Emick – Alternate
Meets every 4th Monday of each month at 10:00 a.m.,
14306 Park Avenue, Victorville

MOJAVE DESERT AND MOUNTAIN RECYCLING

AUTHORITY
Council Member Cusack – Delegate
Mayor Pro-Tem Bishop – Alternate
Meets quarterly on the 2nd Thursday February, May,
August and November at 10:00 a.m.
at the Materials Recovery Facility, 17000 Abbey Lane,
Victorville

SAN BERNARDINO COUNTY TRANSPORTATION

AUTHORITY (SBCTA)
Mayor Pro-Tem Bishop - Board Member
Council Member Cusack – Alternate
Meets 2
nd Wednesday of each month at 9:00 a.m.,
I10/I15 Corridor meets 2
nd Thursday at 10:00 a.m.
1170 West 3
rd St.

San Bernardino

SOLID WASTE ADVISORY TASK FORCE (SWAT)
Council Member Cusack – Committee Member
Julie Ryan - Alternate
Meets as needed on Wednesdays at 1:30 p.m.

Sam J. Racadio Library & Environmental Learning
Center Community Room 7863 Central Ave. Highland

VICTOR VALLEY ECONOMIC DEVELOPMENT

AUTHORITY (VVEDA)
(George Air Force Base Reuse Task Force)
Council Member Emick – Commissioner
Mayor Pro-Tem Bishop – Alternate
Meets every 2nd Wednesday of each quarter at 5:00
p.m., SCLA

VICTOR VALLEY TRANSIT AUTHORITY (VVTA)
Council Member Emick – Representative
Council Member Leon - Alternate
Meets every 3rd Monday of each month at 9:30 a.m.,
Victorville City Hall

VICTOR VALLEY WASTE WATER RECLAMATION

AUTHORITY (VVWRA)

Page 7 of 255 ends

Mayor Nassif – Commissioner
Mayor Pro-Tem Bishop – Alternate
Meets every 3rd Thursday at 7:30 a.m.

VVWRA Offices

GREATER HIGH DESERT CHAMBERS

GOVERNMENTAL RELATIONS COMMITTEE
Mayor Pro-Tem Bishop – Representative
Council Member Cusack – Alternate
*These Boards, Committees and
Commissions require the Mayor to serve
as the representative.

Page 8 of 255 ends

Town Council Agenda Report
Date: November 12, 2024
To: Honorable Mayor and Town Council
Subject: APPROVAL OF MINUTES

From: Douglas Robertson, Town Manager
Submitted by: La Vonda M-Pearson, Director of Government Services/Town Clerk Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council approve the subject minutes as part of the consent agenda.

SUMMARY:

A. Regular Meeting October 22, 2024.

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Apple Valley Town Council

MINUTES
October 22, 2024, 6:30 p.m.

Council Chamber
Members Present: Council Member Curt Emick
Council Member Kari Leon
Mayor Pro Tem Art Bishop
Mayor Scott Nassif
Members Absent: Council Member Larry Cusack
_____________________________________________________________________

1. Call to Order
Mayor Nassif called to order the regular session of the Apple Valley Town Council at 6:30 p.m.

2. Opening Ceremonies

2.1 Invocation
Pastor Johnny Lewis from Grace Christian Community Church

2.2 Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Pro Tem Bishop.

2.3 Presentations
None.

3. Public Comments
Steve Sabicer, Apple Valley, spoke on his previous experience working with financial matters and asked questions regarding the budget, Measure P and Economic Development.

Kerry Henard, Apple Valley, commented on the proposed Measure P that is on the ballot. He spoke of the Town's borrowing and repayment methods using the general fund.

Page 10 of 255 ends

Town Council Meeting Minutes October 22, 2024
2 Sherri Murray, Apple Valley, expressed concern regarding comments in a flyer she received regarding the Measure P tax measure.

Patricia Gonzalez, Apple Valley, commented on lessons learned regarding personal finances.

4. Councilmember Committee/Commission/Community Participation Councilmembers to make brief reports on their participation on committees, boards, and commissions on the Town’s behalf since the last meeting.

Councilmembers may also make brief reports on their community participation.

No formal action will be taken.

Council Member Emick commented on committee meetings and events that he attended.

Council Member Leon commented on committee meetings and events that she attended.

Mayor Pro Tem Bishop commented on committee meetings and events that he attended.

Mayor Nassif commented on committee meetings and events that he attended.

5. Town Council Announcements

5.1 Suggested items for next Agenda
Mayor Pro Tem Bishop commented on issues surrounding homeowner insurance rates. He asked that staff work with the Apple Valley Fire District staff on ways to help homeowners reduce fire risk in an effort to offset insurance costs.

Council Member Emick spoke about Artificial Intelligence and the need to put policies in place for its effective and appropriate use in the organization.

5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - November 12, 2024 - Council Chamber Regular Session at 6:30 p.m.

6. Town Council Consent Agenda
Motion by: Mayor Pro Tem Bishop
Seconded by: Council Member Leon
To approve the Consent Calendar items numbered 6.1-6.7 as recommended.

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Town Council Meeting Minutes October 22, 2024
3 Yes (4): Council Member Emick, Council Member Leon, Mayor Pro Tem Bishop, and Mayor Nassif
Absent (1): Council Member Cusack
Carried (4 to 0)

6.1 APPROVAL OF MINUTES
That the Town Council approve the subject minutes as part of the consent agenda.

6.2 APPROVE PAYMENT OF INVOICE FOR REPLACEMENT OF

DAMAGED TRAFFIC SIGNAL FOUNDATION AND POLE AT APPLE

VALLEY RD AND TUSCOLA ROAD
Approve payment of invoice for replacement of damaged traffic signal foundation and pole at Apple Valley Road and Tuscola Road to St. Francis Electric in the amount of $73,700.00.

6.3 TO APPROVE THE UPDATED TOWN OF APPLE VALLEY

EMERGENCY OPERATIONS PLAN
To approve the updated Town of Apple Valley Emergency Operations Plan.

6.4 ADOPT RESOLUTION NO. 2024-32 AND APPROVE AGREEMENT FOR

GOODBUY PUCHASING COOPERATIVE MEMBERSHIP
That the Town Council:

A. Adopt Resolution No. 2024-32 for a Shared Service Arrangement for Participation in the Goodbuy Purchasing Cooperative B. Review and authorize the Town Manager or designee to execute the Interlocal Participation Agreement for the GoodBuy Purchasing Cooperative operated by the Education Service Center, Region 2, for the purpose of purchasing goods and services from vendors selected through the competitive bidding process.

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Town Council Meeting Minutes October 22, 2024
4 6.5 ACCEPTANCE OF WORK FOR MODULAR KENNEL CRANING AND

UTILITY CONNECTION PROJECT AND APPROPRIATE ADDITIONAL
$17,006.

That the Town Council:

A. Accept the work completed by KNC Construction, Inc. as part of the modular kennel craning and utility connection project – project No. 2024-327 for a total cost of $ 111,007.

B. Approve an additional budget appropriation of $17,006.

C. Direct the Town Clerk to file the Notice of Completion for the contract work.

D. Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

6.6 ADOPT RESOLUTION NO. 2024-33 AND APPROVE VACATING A PUBLIC ACCESS EASEMENT AT TRACT MAP 17247
That the Town Council:

A. Find that public access easement as shown on Tract Map 17247, has not been used for the purpose for which it was dedicated for five consecutive years immediately preceding the proposed vacation;
B. Adopt Resolution No.2024-33 A Resolution of the Town Council of the Town of Apple Valley, California, vacating a public access easement on Tract Map 17247, pursuant to the Streets and Highways Code Section 8333 (a)”; and
C. Direct the Town Clerk to cause the Resolution vacating the public access easement to be recorded in the office of the County Recorder of the County of San Bernardino, pursuant to Section 8336 of the Streets and Highways Code.

6.7 APPROVE PURCHASE OF SPORTS FIELD LIGHTING FOR CAPTAIN JOSEPH MCCONNELL JR. USAF, PARK
That the Town Council approve and authorize the Town Manager or his designee to approve the price proposal and authorize a purchase order with Musco Sports Lighting, LLC for the purchase of sports field lighting and necessary equipment in the amount not to exceed $359,885. The new

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Town Council Meeting Minutes October 22, 2024
5 sports field lighting will be installed at the Captain Joseph McConnell Park Jr.,USAF (McConnell Park) Park.

7. Public Hearings
None.

8. Business of the Council
None.

9. Reports, Requests and Communications

10. Town Manager’s Comments & Legislative Update
Orlando Acevedo, Assistant Town Manager, commented on activities and upcoming events in the Town of Apple Valley as well as provided a brief legislative update.

11. Closed Session
None.

12. Adjournment
Motion by: Council Member Leon
Seconded by: Council Member Emick
To adjourn the meeting of the Apple Valley Town Council at 7:29 p.m.

Unanimous
________________________________
Scott Nassif, Mayor
_________________________________
La Vonda M-Pearson, Town Clerk

Page 14 of 255 ends

Town Council Agenda Report
Date: November 12, 2024
To: Honorable Mayor and Town Council
Subject: OCTOBER 2024 COMMERCIAL WARRANTS AND WIRE TRANSFER

SCHEDULES
From: Douglas Robertson, Town Manager
Submitted by: Emad Gewaily, Director of Finance
Finance Department
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.

BACKGROUND
Pursuant to the Town’s Municipal Code the attached demands were presented by the departments, audited by the Finance Department, and subsequent warrants/wire transfers were issued. All were found to be in conformity with Town policies and procedures, and funds were budgeted or available to pay said demands. The list of commercial warrants and wire transfers is now being presented to the Council for approval.

SUMMARY
Commercial warrants were issued from October 1 through October 31, 2024, in the amount of $4,553,476.14 covering issued warrant #’s 171285 – 171692. Electronic Fund Transfers were issued October 1 through October 31, 2024, in the amount $3,169,860.28.

Also, wire transfers were made from October 1 through October 31, 2024, in the amount of $0.

The claims and/or demands covered by the attached list of warrants and electronic transfers were reviewed as to the accuracy and availability of funds for payment thereof and said claims and/or demands are accurate, and the funds were available for payment thereof.

FISCAL IMPACT
408 Commercial Warrants were issued in the amount of $4,553,476.14

Page 15 of 255 ends

48 Electronic Fund Transfers were issued in the amount of $3,169,860.28 0 Wire Transfer payments were issued in the amount of $0

ATTACHMENTS
A. October Commercial Warrants
B. October Electronic Fund Transfers

Page 16 of 255 ends

Check # Date Vendor Description Check Total
171285 10/03/2024 ABF PRINTS, INC. Required Mailing 483.61 171286 10/03/2024 AMAZON CAPITAL SERVICES Adopt-A-Park Supplies 1,723.26 171287 10/03/2024 AMERICAN COMPUTER SERVICE ACCOUNT MAINTENANCE/POSTAGE 16,778.10 171288 10/03/2024 APPLE VALLEY CAR WASH JULY SERVICES 169.90 171289 10/03/2024 VOIDED VOIDED 0.00
171290 10/03/2024 APPLE VALLEY FIRE PROTECTION James Woody: Operational Fire Permits 223.00 171291 10/03/2024 APPLE VALLEY GLASS Golf Course-New Door Closer 495.00 171292 10/03/2024 APPLE VALLEY LAWNMOWER Blower 13.98
171293 10/03/2024 APPLE VALLEY TIRE Vehicle #111 1,430.88 171294 10/03/2024 BATTERY MART Truck 88 Battery 925.27
171295 10/03/2024 BEAR VALLEY ANIMAL HOSPITAL Adoption S/N 4,481.27 171296 10/03/2024 BECK OIL INC. Gas 2,457.39
171297 10/03/2024 BRIGHTVIEW LANDSCAPE SERVICES L-4 Extra Work - Two Zone Battery Operated Timer 5,692.54 171298 10/03/2024 CANVA US, INC GRAPHICS SOFTWARE MULTI DEPARTMENT - 12 MONTHS 2,200.00 171299 10/03/2024 CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC.

Building Main Breaker 17,128.13
171300 10/03/2024 CERTIFIED CREDIT REPORTING INC Tax Transcripts - Chacon 68.00 171301 10/03/2024 CHARLES ABBOTT ASSOCIATES Barbosa, Boyd, Chacon, and Temple- August 154,429.25 171302 10/03/2024 CHARTER COMMUNICATIONS GOLF - INTERNET, VIDEO & PHONE SERVICES 8,888.79 171303 10/03/2024 CITY TECH SOLUTIONS, INC 21 CITYTECH LICENCES FOR BUILDING PERMIT SYSTEM 1,785.00 171304 10/03/2024 COUNTY OF SAN BERNARDINO TRASH & SEWER LIENS 9/1/24-9/30/24 3,520.00 171305 10/03/2024 CULLIGAN BOTTLED WATER Bistro: Bldg. Maintenance 124.15 171306 10/03/2024 DELL MARKETING L.P. HD 5814 - VLA WINSVRDCORE & SQL SVR STD 6,115.10 171307 10/03/2024 DOKKEN ENGINEERING Bear Valley Bridge design services 13,476.32 171308 10/03/2024 EDISON COMPANY 8/09/24-9/09/24 13,985.86 171309 10/03/2024 EQUIPMENTSHARE.COM INC Reverse Triathlon Light Towers 680.89 171310 10/03/2024 FAUST MEDIA SERVICES Employee work shirts 339.24 171311 10/03/2024 FEDEX SHIPPING 11.24
Town of Apple Valley
Commercial Warrants
Month of October 2024

Page 17 of 255 ends

Check # Date Vendor Description Check Total
171312 10/03/2024 G.A. OSBORNE PIPE & SUPPLY Golf Course Ground Maintenance 1,593.30 171313 10/03/2024 GEISEL, PATRICK Fall Volleyball Official Pay 50.00 171314 10/03/2024 HDL SOFTWARE LLC JULY SERVICES 417.36 171315 10/03/2024 IMPERIAL SPRINKLER SUPPLY Ground Maintenance 865.90 171316 10/03/2024 KIMLEY-HORN AND ASSOCIATES, INC. Brewster Park/James Woody Park Irrigation Project 4,155.00 171317 10/03/2024 KOA CORPORATION EDEN PO 2223-000038 4,666.99 171318 10/03/2024 LIBERTY UTILITIES CA 7/3/24-9/4/24 11,295.92 171319 10/03/2024 LOGICALIS INTRADO ANNUAL SERVICE 10,085.00 171320 10/03/2024 LOWE'S (LAR) 2inch x 3inch PK WHTE MRK 619.07 171321 10/03/2024 MARTIN, KENNETH Retiree Reimbursement 374.50 171322 10/03/2024 MDG ASSOCIATES INC August- CDBG Admin 10,259.38 171323 10/03/2024 MERRELL JOHNSON GEOTECHNICAL, INC Material Testing for Yucca Loma Rd 9,992.00 171324 10/03/2024 MILLER, LANCE Retiree Reimbursement 160.63 171325 10/03/2024 MOBILE OCCUPATIONAL SERVICES Occupational testing 100.00 171326 10/03/2024 MWI ANIMAL HEALTH Shelter Meds 1,177.57 171327 10/03/2024 NAPA PMI 401 Refund 126.83
171328 10/03/2024 Academy for Academic Excellence Happy Trails Parade Marching Band Second Place 50.00 171329 10/03/2024 Apple Valley Sheriff's Pose Happy Trails Parade Equestrian Third Place 25.00 171330 10/03/2024 Apple Valley Shrine Club Happy Trails Parade Wheels First Place Winner 100.00 171331 10/03/2024 Brooke Holly Happy Trails Parade Drill / Cheer First Place 100.00 171332 10/03/2024 D&H Buckley Family Ltd PTNRSHP PMI 401 Refund 5.00 171333 10/03/2024 David Mears Spay/Neuter Refund for 7-26-2024 17 75.00 171334 10/03/2024 Gatekeeper Outreach Ministry Corp Happy Trails Parade Wheels Second Place Winner 50.00 171335 10/03/2024 Granite Hills High School Happy Trails Parade Marching Band First Place 100.00 171336 10/03/2024 Haley Merk Happy Trails Parade Equestrian First Place 100.00 171337 10/03/2024 High Desert Marines Happy Trails Parade Float Third place 25.00 171338 10/03/2024 Joshua Hall Uniform Reimbursement 120.03 171339 10/03/2024 Lucerne Valley Elementary School Happy Trails Parade Drill / Cheer Second Place 50.00 171340 10/03/2024 Lucerne Valley Elementary School Happy Trails Parade Float Second place 50.00 171341 10/03/2024 San Bernardino County Sheriff Department Happy Trails Parade Equestrian Second Place 50.00 171342 10/03/2024 Teresa L Herrin S/N Refund for 242837 40.00 171343 10/03/2024 Urenda Masonry LLC Happy Trails Parade First Place Winner 100.00

Page 18 of 255 ends

Check # Date Vendor Description Check Total
171344 10/03/2024 Victor Vallicella Happy Trails Parade Wheels Third Place Winner 25.00 171345 10/03/2024 ONE WAY BACKFLOW Annual Backflow Testing 1,155.00 171346 10/03/2024 PARKER, AARON Fall Volleyball Official Pay 75.00 171347 10/03/2024 PNC EQUIPMENT FINANCE Leased Equipment 10,434.15 171348 10/03/2024 PRESTIGE FLAG MFG. CO INC Ground Maintenance 355.85 171349 10/03/2024 PRUDENTIAL OVERALL SUPPLY Uniforms 674.93 171350 10/03/2024 PUBLIC WORKS SAFETY SUPPLIES Parks Supplies: Purchased by Martin Hernandez 333.16 171351 10/03/2024 R&R PRODUCTS Equipment Maintenance 1,052.18 171352 10/03/2024 RAVENSWOOD LLC OVERPAYMENT ON PERMIT #2024-058 36.00 171353 10/03/2024 ROW TRAFFIC SAFETY, INC Temporary No Parking Signs 236.63 171354 10/03/2024 SAN LUIS AVIATION INC ANNUAL GSA AWS 9/01/24-08/31/25 438.72 171355 10/03/2024 SANTA FOR HIRE LLC Santa for Christmas Tree Lighting 820.00 171356 10/03/2024 SILVER VALLEY PROPANE Propane for forklift 128.80 171357 10/03/2024 SITEONE LANDSCAPE SUPPLY LLC JW Field Improvements 763.13 171358 10/03/2024 SOUTHWEST GAS CORPORATION 8/07/24-9/05/24 190.38 171359 10/03/2024 SPARKLETTS WATER 95.81
171360 10/03/2024 ST. FRANCIS ELECTRIC, LLC Traffic Signal Maint. August 2024 Response Billing 1,468.57 171361 10/03/2024 STAPLES CONTRACT & COMMERICAL LLC PAYROLL CHECKSTOCK 52.78 171362 10/03/2024 STILES ANIMAL REMOVAL, INC. Disposal Services 5,490.00 171363 10/03/2024 THE GOODYEAR TIRE & RUBBER CO PD TIRES 244.86 171364 10/03/2024 THE RDI CORPORATION SHELTER PRO SOFTWARE - MONTHLY SEPTEMBER 1,931.00 171365 10/03/2024 UNDERGROUND SERVICE ALERT OF SO.

CALIFORNIA
September DigAlert Tickets 328.20
171366 10/03/2024 V.V.W.R.A. Final Sewer Permits - September 2024 14,504.90 171367 10/03/2024 VALLEYWIDE NEWSPAPERS LLC Notice of FONSI & RROF 1,290.90 171368 10/03/2024 VERIZON WIRELESS AUGUST - MONTHLY CELL & TABLET USAGE 9,355.63 171369 10/03/2024 WANG, YIJIA SEPTEMBER SERVICES 7,450.00 171370 10/03/2024 WAXIE SANITARY SUPPLY Cleaning Supplies 2,155.01 171371 10/03/2024 WEST COAST SAND & GRAVEL, INC Ground Maintenance 3,711.41 171372 10/03/2024 WITHERS, KANISHA Mileage Reimbursement 6/1-8/27/2024 53.96 171373 10/03/2024 WRIGHT, DARRYL Retiree Reimbursement 786.84 171374 10/03/2024 APPLE VALLEY COMMUNICATION INC GOLF - TROUBLESHOOT SECURITY ALARM 942.50 171375 10/03/2024 APPLE VALLEY COMMUNICATION INC Happy Trails Parade Best Overall Judges Winner 125.00

Page 19 of 255 ends

Check # Date Vendor Description Check Total
171376 10/03/2024 RIVERA, YVONNE Travel Meal Allowance 70.00 171377 10/10/2024 A & B HITCHES AND MUFFLERS Repairs to Low Side Dump Trailer 1,553.36 171378 10/10/2024 ABF PRINTS, INC. REQUIRED MAILING 7,421.63 171379 10/10/2024 ALL GOOD DRIVING SCHOOL, INC. Online Drivers Ed 79.80 171380 10/10/2024 ALLIANT INSURANCE SERVICES INC 3rd Quarter Special Events Premium: July to Sept. 3,353.00 171381 10/10/2024 AMAZON CAPITAL SERVICES Office Supplies 28.82 171382 10/10/2024 AMERICAN FIDELITY ASSURANCE SEPTEMBER PREMIUMS 5,007.50 171383 10/10/2024 APPLE VALLEY ANIMAL HOSPITAL Spay/Neuter 170.00 171384 10/10/2024 APPLE VALLEY CAR WASH AUGUST SERVICES 67.96 171385 10/10/2024 APPLE VALLEY FIRE PROTECTION Fire Inspection Fee 140.00 171386 10/10/2024 APPLE VALLEY PORTABLES Horseman Center Park 3,100.04 171387 10/10/2024 APPLE VALLEY TIRE Tires for Truck 81 1,704.78 171388 10/10/2024 BEAR VALLEY ANIMAL HOSPITAL Spay/Neuter 6,072.18 171389 10/10/2024 BENEFIT COORDINATORS CORPORATION SEPTEMBER PREMIUMS 7,204.54 171390 10/10/2024 BENEFIT COORDINATORS CORPORATION SEPTEMBER PREMIUMS 6,011.50 171391 10/10/2024 BURRTEC WASTE INDUSTRIES, INC HHW Opperations 2,266.36 171392 10/10/2024 CACEO Mod 1 Adan 500.00
171393 10/10/2024 CAL-STATE AUTO PARTS INC DEF FLUID (6) 2.5 Gallon 114.77 171394 10/10/2024 COUNTY OF SAN BERNARDINO ACC22 September 24 52,924.30 171395 10/10/2024 DESAI, RONAK SEPTEMBER SERVICES 9,375.00 171396 10/10/2024 DR. JAIME VELASCO Supervising Vet Services 3,200.00 171397 10/10/2024 DUNN EDWARDS CORPORATION Skate Park Paint 121.26 171398 10/10/2024 EDISON COMPANY 8/27/24-9/25/24 53,658.04 171399 10/10/2024 ENDURA STEEL JW Baseball Field Top Rail Fencing 373.04 171400 10/10/2024 EQUIPMENTSHARE.COM INC Happy Trails Parade Trailer 689.96 171401 10/10/2024 FAUST MEDIA SERVICES Reverse Triathlon: Medal Plates & Plaques 1,361.42 171402 10/10/2024 FIDELITY SECURITY LIFE INS / SEPTEMBER PREMIUMS 998.41 171403 10/10/2024 GARDA CL WEST, INC OCTOBER SERVICES 1,623.84 171404 10/10/2024 GEISEL, PATRICK Fall Volleyball Official Pay 50.00 171405 10/10/2024 GEOTAB USA, INC. Fleet Management - September 2024 476.28 171406 10/10/2024 GOLDEN STATE WATER COMPANY 8/26/24-9/24/24 93.96 171407 10/10/2024 GOVERNMENT FINANCE OFFICERS

ASSOCIATION
DUES: GEWAILY, OGUNDE, DARLING & CRIPPS 745.00

Page 20 of 255 ends

Check # Date Vendor Description Check Total
171408 10/10/2024 HASA INC. Pool Chemicals 5,035.16
171409 10/10/2024 HESPERIA OUTDOOR POWER EQUIP Vehicle Maintenance 726.17 171410 10/10/2024 HIGH DESERT JUNIOR GOLF ACADEMY Golf Lessons Instructor Pay 1,590.00 171411 10/10/2024 HODGSON, CARRIE ANN SEPTEMBER SERVICES 206.25 171412 10/10/2024 HOME DEPOT CREDIT SEVICES Trash bags for the Crew. 61.35 171413 10/10/2024 JOHNSON CONTROLS HVAC Repairs 1,940.80 171414 10/10/2024 KIMBALL MIDWEST 12 Pairs of Safety Glasses 155.03 171415 10/10/2024 KONICA MINOLTA COPIER SERVICE AND MAINTENANCE AGREEMENT FLEET 6,613.54 171416 10/10/2024 KONICA MINOLTA BUSINESS C4080 USAGE - 8/25/2024 - 9/24/2024 173.93 171417 10/10/2024 KONICA MINOLTA PREMIER FINANCE C4080 BASE - 8/13/2024 - 9/12/2024 2,008.58 171418 10/10/2024 KRIEG, SARAH EMPLOYEE REIMBURSEMENT FOR SHIRTS 33.46 171419 10/10/2024 LIBERTY UTILITIES CA 7/20/24-9/20/24 63,770.91 171420 10/10/2024 LOGICALIS EDEN PO 2223-000016 - CLOUD BACKUP REPOSITORY 984.95 171421 10/10/2024 LOWE'S (LAR) Public Work Lights 2,280.40 171422 10/10/2024 MYONLINEBILL.COM SEPTEMBER SERVICES 2,008.08 171423 10/10/2024 NAPA S.D.I Sprayer 31.00
171424 10/10/2024 NEW YORK LIFE SEPTEMBER PREMIUMS REMITTER ID 988954670 475.97 171425 10/10/2024 NIX, PATRICIA Line Dancing Classes Instructor Pay 36.40 171426 10/10/2024 TRASH REFUND TRASH REFUND 52.35
171427 10/10/2024 PROPERTY DAMAGE CLAIM SETTLEMENT

POTHOLE
PROPERTY DAMAGE CLAIM SETTLEMENT POTHOLE 1,793.00
171428 10/10/2024 TRASH REFUND TRASH REFUND 124.78
171429 10/10/2024 TRASH REFUND TRASH REFUND 40.00
171430 10/10/2024 TRASH REFUND TRASH REFUND 71.32
171431 10/10/2024 TRASH REFUND TRASH REFUND 62.82
171432 10/10/2024 TRASH REFUND TRASH REFUND 54.96
171433 10/10/2024 TRASH REFUND TRASH REFUND 95.90
171434 10/10/2024 TRASH REFUND TRASH REFUND 58.89
171435 10/10/2024 Rental Deposit Refund Rental Deposit Refund 250.00 171436 10/10/2024 Rental Deposit Refund Rental Deposit Refund 150.00 171437 10/10/2024 TRASH REFUND TRASH REFUND 119.70
171438 10/10/2024 TRASH REFUND TRASH REFUND 157.94

Page 21 of 255 ends

Check # Date Vendor Description Check Total
171439 10/10/2024 TRASH REFUND TRASH REFUND 114.60
171440 10/10/2024 TRASH REFUND TRASH REFUND 48.84
171441 10/10/2024 TRASH REFUND TRASH REFUND 57.35
171442 10/10/2024 TRASH REFUND TRASH REFUND 73.26
171443 10/10/2024 TRASH REFUND TRASH REFUND 81.81
171444 10/10/2024 TRASH REFUND TRASH REFUND 54.96
171445 10/10/2024 TRASH REFUND TRASH REFUND 40.00
171446 10/10/2024 TRASH REFUND TRASH REFUND 110.66
171447 10/10/2024 TRASH REFUND TRASH REFUND 193.10
171448 10/10/2024 PARKER, AARON Fall Volleyball Official Pay 75.00 171449 10/10/2024 PRECISION LOCK & SAFE Locks for Parks 157.62 171450 10/10/2024 PRUDENTIAL OVERALL SUPPLY Uniforms 175.98 171451 10/10/2024 RIGHT OF WAY, INC Adopt A Street Signs 21.55 171452 10/10/2024 SCMAF Contract Class Insurance: September 2024 420.00 171453 10/10/2024 SOUTHWEST GAS CORPORATION 8/10/24-9/10/24 330.96 171454 10/10/2024 SUN BADGE CO New ACO Badges 2,007.41
171455 10/10/2024 TAYLOR, SHARI Baton Classes Instructor Pay 278.85 171456 10/10/2024 TEXAS LIFE INSURANCE CO. SEPTEMBER PREMIUMS 887.00 171457 10/10/2024 TOWN OF APPLE VALLEY OCTOBER SEWER 945.34 171458 10/10/2024 TYLER TECHNOLOGIES INC EDN PO 2122-000049 - ISABELLE (9/12) 740.00 171459 10/10/2024 U.S. BANK CORP. PMT SYSTEM SEPTEMBER CALCARD 38,656.15 171460 10/10/2024 ULINE PO 20250017 TRASH CANS/LIDS 6,273.19 171461 10/10/2024 UNITED ROTARY BRUSH CORP. Vehicle#79 Street Sweeper 609.33 171462 10/10/2024 VERDE DESIGN, INC EDEN PO 2324-000009 70,949.30 171463 10/10/2024 VICTOR VALLEY COLLEGE 2024 PRESIDENT'S CIRCLE MEMBERSHIP 1,000.00 171464 10/17/2024 A&R TARPAULINS, INC Pool Covers Repaired 650.00 171465 10/17/2024 ALBERTSONS LLC Day Camp Snacks 57.19
171466 10/17/2024 AMAZON CAPITAL SERVICES TONER 47.92
171467 10/17/2024 AMERICAN FIDELITY ASSURANCE JANUARY PREMIUM AMOUNTS OWED TO AMERICAN

FIDELITY
558.52
171468 10/17/2024 ANGEL ROCK & SAND 1/2 Yard Concrete 274.81 171469 10/17/2024 ANIMAL CARE HOSPITAL Spay/Neuter Voucher Program 75.00 171470 10/17/2024 APPLE VALLEY FEED BIN Reptile Food 12.91

Page 22 of 255 ends

Check # Date Vendor Description Check Total
171471 10/17/2024 APPLE VALLEY LAWNMOWER Chain Saw 9.00 171472 10/17/2024 APPLE VALLEY PORTABLES McConnel Park 3,200.04 171473 10/17/2024 APPLE VALLEY PRINTING #10 WINDOW ENVELOPES 585.08 171474 10/17/2024 APPLE VALLEY TIRE Vehicle #90 1,260.60 171475 10/17/2024 AVCOM SERVICES INC. SINGH CENTER QUARTERLY ALARM MONITORING (OCT - DEC
1,605.00
171476 10/17/2024 BEAR VALLEY ANIMAL HOSPITAL Medical Treatment 12,381.93 171477 10/17/2024 BOOT BARN, INC. Boots: Tia Covello 600.00 171478 10/17/2024 BRIGHTVIEW LANDSCAPE SERVICES LANDSCAPE MAINTENANCE SERVICES - SEPTEMBER 2024 20,324.34 171479 10/17/2024 BURRTEC WASTE INDUSTRIES, INC Clean Up 19900 Rancherias Rd. 339.18 171480 10/17/2024 CALLAWAY GOLF SALES CO. Resale Items 1,109.16 171481 10/17/2024 CAPITAL ONE Day Camp Snacks 793.44
171482 10/17/2024 CAR WASH PARTNERS, LLC SEPTEMBER WASH SERVICES 680.00 171483 10/17/2024 CHAVEZ BUILT LLC Holiday Party Expenses 500.00 171484 10/17/2024 CHICAGO TITLE COMPANY 18790 SISKIYOU RD. 252.12 171485 10/17/2024 CITY OF VICTORVILLE 23-24 HOME Admin Funds 30,292.00 171486 10/17/2024 CLUB CADDIE HOLDINGS CLUB CADDIE SAAS - OCTOBER 750.00 171487 10/17/2024 COUNTY OF SAN BERNARDINO- ISD Department Radios 3,107.64 171488 10/17/2024 CREATING BRAND LEGACY Howl-o-ween Dog Run Medals 421.30 171489 10/17/2024 DESERT VALLEY MEDICAL GROUP Pre-Employment Physical 476.00 171490 10/17/2024 DRUCKENMILLER ROOFING Roof Repairs 1,500.00 171491 10/17/2024 EDISON COMPANY 7/29/24-8/26/24 10,548.86 171492 10/17/2024 EQUIPMENTSHARE.COM INC Sunset Concert Light Towers June 6-July 4 1,469.39 171493 10/17/2024 FARMER BROTHERS COFFEE COFFEE 701.20
171494 10/17/2024 FEED MY SHEEP 1st Qtr. WinCo Foods for Groceries 3,402.18 171495 10/17/2024 FIDELITY NATIONAL TITLE CO. 14260 FLATHEAD RD. 120.40 171496 10/17/2024 FUN EXPRESS Halloween Candy and Toys 1,999.63 171497 10/17/2024 G.A. OSBORNE PIPE & SUPPLY Parks PVC Supplies 1,010.80 171498 10/17/2024 GOLDEN STATE WATER COMPANY 8/27/24-9/25/24 7,905.17 171499 10/17/2024 HESPERIA OUTDOOR POWER EQUIP Equipment Maintenance 956.76 171500 10/17/2024 HIGH DESERT LASER GRAPHICS METAL ENGRAVED BADGE - C. WINGARD 22.84 171501 10/17/2024 HOME DEPOT CREDIT SEVICES Shop/Van Supplies 1,413.58

Page 23 of 255 ends

Check # Date Vendor Description Check Total
171502 10/17/2024 IMPERIAL SPRINKLER SUPPLY Civic, Thunderbird, Brewster, Sycamore, and Corwin 3,836.51 171503 10/17/2024 KIMLEY-HORN AND ASSOCIATES, INC. Brewster Park/James Woody Park Irrigation Project 7,810.60 171504 10/17/2024 LEAD TECH ENVIRONMENTAL Temple- Lead, Asbestos, and Mold Testing 2,420.00 171505 10/17/2024 LIBERTY UTILITIES CA 8/27/24-9/24/24 20,342.55 171506 10/17/2024 LOWE'S (LAR) Shop Supplies 1,346.23
171507 10/17/2024 LYNNPRO Reverse Tri - Reissue of Check #171189 2,464.00 171508 10/17/2024 MALONE, AMANDA Meals and Transportation APA Conference 2024 155.35 171509 10/17/2024 MARTINEZ + OKAMOTO ARCHITECTS Golf Course Maintenance 4,660.88 171510 10/17/2024 MOJAVE DESERT & MOUNTAIN Quarter ending 12-31-24 43,151.32 171511 10/17/2024 MWI ANIMAL HEALTH Shelter Supplies 746.59 171512 10/17/2024 NAPA Oil 233.96
171513 10/17/2024 NIEMELA PAPPAS & ASSOCIATES FY 2025 STATE ADVOCACY SERVICES 6,000.00 171514 10/17/2024 A V GASMART 16801 DALE EVANS PKWY - SEWER REFUND 11,232.80 171515 10/17/2024 Arden McDaniel MEMBERSHIP OVERCHARGE 210.00 171516 10/17/2024 Armando Samano Mota Rental Deposit Refund 250.00 171517 10/17/2024 Carlos Dominguez Rental Deposit Refund 250.00 171518 10/17/2024 DIANNA CHAVEZ 13455 APPLE BLOSSOM LANE 45.03 171519 10/17/2024 EFRAIN MURATALLA PROPERTY DAMAGE CLAIM SETTLEMENT 242.66 171520 10/17/2024 Gabriel Rodriguez Spay/Neuter Refund for 241947 & 241946 80.00 171521 10/17/2024 TRASH REFUND TRASH REFUND 41.25
171522 10/17/2024 TRASH REFUND TRASH REFUND 41.51
171523 10/17/2024 TRASH REFUND TRASH REFUND 41.88
171524 10/17/2024 TRASH REFUND TRASH REFUND 5.10
171525 10/17/2024 TRASH REFUND TRASH REFUND 32.97
171526 10/17/2024 TRASH REFUND TRASH REFUND 71.59
171527 10/17/2024 Youth Volleyball Refund Youth Volleyball Refund 76.00 171528 10/17/2024 TRASH REFUND TRASH REFUND 39.07
171529 10/17/2024 TRASH REFUND TRASH REFUND 45.80
171530 10/17/2024 MEMBERSHIP OVERCHARGE MEMBERSHIP OVERCHARGE 285.00 171531 10/17/2024 TRASH REFUND TRASH REFUND 44.75
171532 10/17/2024 PROPERTY DAMAGE CLAIM SETTLEMENT PROPERTY DAMAGE CLAIM SETTLEMENT 1,745.51 171533 10/17/2024 ONE WAY BACKFLOW Backflow Cert. Apple Valley Cinema (Singh Ctr) 130.00 171534 10/17/2024 PRECISION LOCK & SAFE Facilities Keys/Lock 2,420.68

Page 24 of 255 ends

Check # Date Vendor Description Check Total
171535 10/17/2024 PRUDENTIAL OVERALL SUPPLY Uniform: Parks 1,269.44 171536 10/17/2024 QUADIENT, INC. METER TAPES DOUBLE LABELS 60.39 171537 10/17/2024 SAMARITAN ANIMAL HOSPITAL S/N Voucher Program 325.00 171538 10/17/2024 SAN BERNARDINO COUNTY SHERIFF'S

DEPARTMENT
OCTOBER LAW ENFORCEMENT SERVICES 1,267,887.80
171539 10/17/2024 SITEONE LANDSCAPE SUPPLY LLC Ground Maintenance 1,717.48 171540 10/17/2024 SOUTHWEST GAS CORPORATION 8/08/24-9/06/24 225.01 171541 10/17/2024 STERICYCLE REGULAR SERVICE/OFF-SITE 154.82 171542 10/17/2024 SUPERCO SPECIALTY PRODUCTS Janitorial Supplies 599.63 171543 10/17/2024 THE GOODYEAR TIRE & RUBBER CO PD TIRES 1,385.71 171544 10/17/2024 TOWN OF APPLE VALLEY OCTOBER SEWER 2,970.06 171545 10/17/2024 TRINITY EQUIPMENT, INC Compost top dresser 19,737.11 171546 10/17/2024 VALLEY SECURITY SYSTEMS INC JW Monitoring Service 127.00 171547 10/17/2024 VOYAGER SEPTEMBER FUEL PURCHASES 17,611.91 171548 10/17/2024 WAXIE SANITARY SUPPLY Cleaning Supplies 1,304.54 171549 10/24/2024 ABF PRINTS, INC. Postage 536.56
171550 10/24/2024 ACUSHNET COMPANY Resale items 936.28
171551 10/24/2024 AFTERMATH HOLDING CORPORATION Street clearing 400.00 171552 10/24/2024 ALBERTSONS LLC ASAP Snacks 29.65
171553 10/24/2024 ALL AMERICAN FENCE ERECTORS Horseman's center gate repairs 94.82 171554 10/24/2024 ALL AMERICAN FENCE ERECTORS Retention Release 8,960.00 171555 10/24/2024 AMAZON CAPITAL SERVICES Office Supplies 823.47 171556 10/24/2024 AMERICAN COMPUTER SERVICE Statements/Postage 12,979.67 171557 10/24/2024 AMERICAN PAVEMENT SYSTEMS, INC. Chip Seal 2024 Project 677,274.76 171558 10/24/2024 APEX RENTALS James Woody 1,127.00
171559 10/24/2024 APPLE VALLEY COMMUNICATION INC Troubleshoot and resolve alarm 162.50 171560 10/24/2024 APPLE VALLEY FIRE PROTECTION Fire district impact fees 28,331.66 171561 10/24/2024 APPLE VALLEY GLASS Display Cabinet Shelf 184.80 171562 10/24/2024 BATTERY MART EX Mark 325.84
171563 10/24/2024 BRIGHTVIEW LANDSCAPE SERVICES L-1-2" Irrigation Mainline Break 6,033.81 171564 10/24/2024 CACEO Webinar - Mccune 60.00
171565 10/24/2024 CALIFORNIA DEPARTMENT OF TAX ELECTRICAL ENERGY TAX 7/01/24-9/30/24 27,194.00 171566 10/24/2024 CALLAWAY GOLF SALES CO. Resale items 1,633.96

Page 25 of 255 ends

Check # Date Vendor Description Check Total
171567 10/24/2024 CAPITAL ONE ASAP Snacks 272.26
171568 10/24/2024 CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC.

Pro Shop LED Lights 379.98
171569 10/24/2024 DELL MARKETING L.P. YEAR 2 OF 3 - VLA ENTERPRISE M365, TEAMS, O365F3 74,560.56 171570 10/24/2024 EDISON COMPANY 9/10/24-10/08/24 87,398.33 171571 10/24/2024 EQUIPMENTSHARE.COM INC McConnell Park Water Truck 3,499.41 171572 10/24/2024 EXPERT APPLIANCE SERVICE LLC Public Works Washer Repair 486.91 171573 10/24/2024 FAUST MEDIA SERVICES Business Cards 394.96 171574 10/24/2024 FEDEX Shipping 29.46
171575 10/24/2024 FISH WINDOW CLEANING Window Cleaning 955.00 171576 10/24/2024 FRONTIER COMMUNICATIONS October - Frontier 3,233.55 171577 10/24/2024 G.A. OSBORNE PIPE & SUPPLY Civic Center 1,190.37 171578 10/24/2024 OSBORNE PIPE & SUPPLY/G.A.// Civic Center Concrete Drain 417.36 171579 10/24/2024 GARDA CL WEST, INC September Excess Charges 20.18 171580 10/24/2024 GEISEL, PATRICK Fall Yth Volleyball Official Pay 100.00 171581 10/24/2024 HAAKER EQUIPMENT CO Street Sweeper repairs 13,054.08 171582 10/24/2024 HASA INC. Pool Chemicals 1,941.46
171583 10/24/2024 HD SUPPLY, INC Gloves, Green Marking Flag, Safety Glasses 764.24 171584 10/24/2024 HIGH DESERT LASER GRAPHICS METAL ENGRAVED BADGE - B. HOBBS 45.68 171585 10/24/2024 HOME DEPOT CREDIT SEVICES DSB Janitorial Supplies 397.49 171586 10/24/2024 JOHNSON CONTROLS HVAC Repairs 12,007.92 171587 10/24/2024 LIBERTY UTILITIES CA 8/02/24-10/01/24 71,251.58 171588 10/24/2024 LOWE'S (LAR) Truck 98 supplies 376.91 171589 10/24/2024 MERRELL JOHNSON GEOTECHNICAL, INC 2024-02 CHIP SEAL TESTING MATERIALS 30,736.76 171590 10/24/2024 MOBILE OCCUPATIONAL SERVICES Management Fees 250.00 171591 10/24/2024 NAPA Lawn Mower 145.23
171592 10/24/2024 O'REILLY AUTO PARTS Truck #111 Wiper blades 27.57 171593 10/24/2024 Trash Refund Trash Refund 1,231.45
171594 10/24/2024 Trash Refund Trash Refund 45.97
171595 10/24/2024 Trash Refund Trash Refund 130.70
171596 10/24/2024 PARKER, AARON Fall Yth Volleyball Official Pay 150.00 171597 10/24/2024 PARKHOUSE TIRE, INC Vehicle 79 Sweeper 904.71 171598 10/24/2024 PNC EQUIPMENT FINANCE Leased Equipment 10,434.15

Page 26 of 255 ends

Check # Date Vendor Description Check Total
171599 10/24/2024 PRUDENTIAL OVERALL SUPPLY Uniforms: Facilities 783.64 171600 10/24/2024 RSG, INC FY 24-25 SA SERVICES AND CB RECONCILLIATION 1,443.75 171601 10/24/2024 SAFEWAY SIGN COMPANY Signs 4,527.91
171602 10/24/2024 SALES & DISTRIBUTION SERVICES Pallet of Aquaphalt 2,262.12 171603 10/24/2024 SAN BERNARDINO & RIVERSIDE Town Hall Fire Service 5,901.90 171604 10/24/2024 SAN BERNARDINO COUNTY CEQA Document 50.00 171605 10/24/2024 SANCON TECHNOLOGIES, INC. Retention Release 2,960.00 171606 10/24/2024 SCP DISTRIBUTORS LLC Palintest Repairs/Calibration 410.19 171607 10/24/2024 SITEONE LANDSCAPE SUPPLY LLC Ground Maintenance 10,368.85 171608 10/24/2024 SOUTHWEST GAS CORPORATION 9/07/24-10/07/24 3,559.11 171609 10/24/2024 SPARKLETTS Water 43.06
171610 10/24/2024 ST. FRANCIS ELECTRIC, LLC Traffic Signal Routine Maint. September 2024 12,535.58 171611 10/24/2024 STATES AND DOOR AND HARDWARE INC DSB Office Door 474.44 171612 10/24/2024 SUMMIT SAFETY LLC Class 3 Safety Vests 562.72 171613 10/24/2024 TOWN OF APPLE VALLEY 1st Qtr Senior Scholarship Program 5,767.00 171614 10/24/2024 TUCKER, RYAN Employee Reimbursement 22.03 171615 10/24/2024 TYLER TECHNOLOGIES INC EDN PO 2122-000049 - PHOEBE (9/13) 5,920.00 171616 10/24/2024 UNLIMITED ENVIRONMENTAL, INC Double Modular Demolition Project# CE2425-01 66,785.00 171617 10/24/2024 V.V.W.R.A. Sewage Treatment - September 2024 389,078.34 171618 10/24/2024 VALLEY SECURITY SYSTEMS INC James Woody Monitoring Service 127.00 171619 10/24/2024 VAN LANT & FANKHANEL, LLP FY 2021-22 AUDIT FINAL BILLING 14,000.00 171620 10/24/2024 VELOCITY TRUCK CENTERS Vehicle 93 - Vactor 1,480.18 171621 10/24/2024 WAXIE SANITARY SUPPLY Cleaning Supplies 2,455.94 171622 10/24/2024 WINSUPPLY Pro Shop HVAC Hardware 549.26 171623 10/24/2024 WPONCALL Website Maintenance 300.00
171624 10/31/2024 7 BROTHERS GOLF, INC. Resale Items 1,530.00 171625 10/31/2024 AMAZON CAPITAL SERVICES CABLES, KEYBOARDS, ADAPTERS, CHARGERS, ETC 2,033.86 171626 10/31/2024 AMERICAN RIGHT-OF-WAY, INC Signal Pole Purchase for Bear Valley Intersections 151,994.31 171627 10/31/2024 APPLE VALLEY ANIMAL HOSPITAL S/N Voucher Program 75.00 171628 10/31/2024 APPLE VALLEY COMMUNICATION INC TROUBLESHOOT SECURITY ALARM AT AQUATICS CENTER 661.37 171629 10/31/2024 AVID IDENTIFICATION SYSTEMS Microchips 1,346.88 171630 10/31/2024 BEAR VALLEY ANIMAL HOSPITAL Adoption S/N 6,353.89

Page 27 of 255 ends

Check # Date Vendor Description Check Total
171631 10/31/2024 BEAR VALLEY PARTY RENTALS Pet Fair Rental 3,108.20 171632 10/31/2024 BECK OIL INC. Gas 1,297.08
171633 10/31/2024 BOARDTRONICS, INC. Grounds Maintenance 29.61 171634 10/31/2024 BRIGHTVIEW LANDSCAPE SERVICES Extra Work L-4 - Remove shrubs Bannock & Geronimo 3,255.59 171635 10/31/2024 CACEO CACEO - Camacho 300.00
171636 10/31/2024 CHARTER COMMUNICATIONS SPECTRUM: 10/17-11/16 8,540.68 171637 10/31/2024 COUNTY OF SAN BERNARDINO Acc 1046 Sept Oct 24 285,128.26 171638 10/31/2024 CULLIGAN BOTTLED WATER Bistro 248.30
171639 10/31/2024 DELL MARKETING L.P. HD 6340 - LAPTOP FOR FINANCE 5,558.48 171640 10/31/2024 EDISON COMPANY 9/06/24-10/06/24 13,962.59 171641 10/31/2024 ENVIROMINE, INC. TOAV SMARA Compliance and R Plan Review 1,365.00 171642 10/31/2024 GEISEL, PATRICK Fall Volleyball Official Pay 50.00 171643 10/31/2024 GREINES, MARTIN, STEIN AV RANCHOS WATER 1,552.00 171644 10/31/2024 IDEXX DISTRIBUTION, INC Shelter Meds 723.65 171645 10/31/2024 IMPERIAL SPRINKLER SUPPLY Sycamore Clock 3,116.48 171646 10/31/2024 INTERVET, INC. Microchips 1,346.88
171647 10/31/2024 KOA CORPORATION EDEN PO 2223-000038 11,172.47 171648 10/31/2024 KONICA MINOLTA PREMIER FINANCE C4080 COPIER BASE 916.96 171649 10/31/2024 KTUA Town Wide Complete Streets Action Plan (SS4A) 24,842.63 171650 10/31/2024 LIBERTY UTILITIES CA 8/27/24-9/24/24 2,706.49 171651 10/31/2024 LYNNPRO Turkey Run T-Shirts 704.10
171652 10/31/2024 MWI ANIMAL HEALTH Shelter Meds 8,629.60 171653 10/31/2024 NIEMELA PAPPAS & ASSOCIATES FY 2025 STATE ADVOCACY SERVICES 3,000.00 171654 10/31/2024 S/N REFUND S/N REFUND 80.00
171655 10/31/2024 S/N REFUND S/N REFUND 525.00
171656 10/31/2024 Adan Arciniega Employee Reimbursement 159.84 171657 10/31/2024 Trash Refund Trash Refund 68.85
171658 10/31/2024 S/N REFUND S/N REFUND 40.00
171659 10/31/2024 S/N REFUND S/N REFUND 40.00
171660 10/31/2024 Trash Refund Trash Refund 49.73
171661 10/31/2024 S/N REFUND S/N REFUND 40.00
171662 10/31/2024 Trash Refund Trash Refund 47.28

Page 28 of 255 ends

Check # Date Vendor Description Check Total
171663 10/31/2024 S/N REFUND S/N REFUND 75.00
171664 10/31/2024 S/N REFUND S/N REFUND 375.00
171665 10/31/2024 Nem Cash Out Nem Cash Out 312.48
171666 10/31/2024 VOIDED VOIDED 0.00
171667 10/31/2024 Trash Refund Trash Refund 64.38
171668 10/31/2024 Trash Refund Trash Refund 44.49
171669 10/31/2024 S/N REFUND S/N REFUND 75.00
171670 10/31/2024 S/N REFUND S/N REFUND 40.00
171671 10/31/2024 Trash Refund Trash Refund 30.53
171672 10/31/2024 Trash Refund Trash Refund 63.67
171673 10/31/2024 S/N REFUND S/N REFUND 80.00
171674 10/31/2024 S/N REFUND S/N REFUND 150.00
171675 10/31/2024 Trash Refund Trash Refund 111.24
171676 10/31/2024 Trash Refund Trash Refund 118.55
171677 10/31/2024 S/N REFUND S/N REFUND 75.00
171678 10/31/2024 Trash Refund Trash Refund 98.36
171679 10/31/2024 Trash Refund Trash Refund 123.32
171680 10/31/2024 OUTWEST JERKY LLC Resale Items 355.25 171681 10/31/2024 PACIFIC PRODUCTS & SVC LLC Power Drive Cap for 2" Square Post 285.54 171682 10/31/2024 PARKER, AARON Fall Volleyball Official Pay 75.00 171683 10/31/2024 Trash Refund Trash Refund 54.22
171684 10/31/2024 PRUDENTIAL OVERALL SUPPLY Uniforms 616.16 171685 10/31/2024 PUMPMAN LLC September Service: Multi Systems/Locations 4,499.39 171686 10/31/2024 QUADIENT LEASING USA, INC. LEASE #N24042178 11/20/24-02/19/25 768.64 171687 10/31/2024 RMC CONSULTING INC. Bluebeam Revu (20) 2,231.00 171688 10/31/2024 Trash Refund Trash 152.80
171689 10/31/2024 ST. FRANCIS ELECTRIC, LLC Damaged Traffic Signal Foundation and Pole 73,700.00 171690 10/31/2024 TURF STAR INC. Rough Mower 1,067.30
171691 10/31/2024 WAXIE SANITARY SUPPLY Shelter Cleaning Supplies 288.43 171692 10/31/2024 WINSUPPLY Insulation for HVAC in shop 29.22 408 Checks Total amount of checks: 4,553,476.14

Page 29 of 255 ends

Check # Date Vendor Description Check Total
425 10/03/2024 CADY, MICHAEL Retiree Reimbursement 281.40 426 10/03/2024 COOLEY CONSTRUCTION, INC Spreading Sand on Roads 8/15/24 - 8/16/24 13,922.60 427 10/03/2024 CRON, DENNIS Retiree Reimbursement 417.60 428 10/03/2024 CUPP, PAMELA Retiree Reimbursement 1,181.87 429 10/03/2024 HARROWER, KATHY Retiree Reimbursement 512.96 430 10/03/2024 KELLEY, KAREN Retiree Reimbursement 578.34 431 10/03/2024 LAMSON, LORI Retiree Reimbursement 1,306.33 432 10/03/2024 MCKEON, TOM Retiree Reimbursement 99.53
433 10/03/2024 MILLER, CAROL Retiree Reimbursements 457.80 434 10/03/2024 MOLINARI, MICHAEL Retiree Reimbursement 721.18 435 10/03/2024 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES 720.45 436 10/03/2024 SCHMACHTENBERGER, KATHERINE M Retiree Reimbursement 518.24 437 10/03/2024 SIMMONS, DAWN Retiree Reimbursement 557.10 438 10/03/2024 SMITH, KEVIN Retiree Reimbursement 394.57 439 10/03/2024 SULZBERGER, DIANNE Retiree Reimbursement 578.34 440 10/03/2024 VULCAN MATERIALS Cold Mix 680.56
441 10/10/2024 BATTISTA, RICHARD Graffiti Removal 3,697.80 442 10/10/2024 BURRTEC WASTE INDUSTRIES INC AC AM AR CC 757,561.22 443 10/10/2024 CARROLL, MARY ANNE Yoga Fit Classes Instructor Pay 396.00 444 10/10/2024 GARCIA, NEIL Guitar Lessons Instructor Pay 331.76 445 10/10/2024 MOCHARNUK, BILL Tennis Classes Instructor Pay 324.28 446 10/10/2024 MURO, MARIA Zumba Classes Instructor Pay 1,245.34 447 10/10/2024 MYERS, MELANIE Acting Class Instructor Pay 1,272.00 448 10/10/2024 QUADIENT FINANCE USA, INC POSTAGE 2,500.00 449 10/10/2024 RICHLING, HAILEY Tap & Ballet Classes Instructor Pay 563.55 450 10/10/2024 URMSTON, CHRIS Tai Chi Instructor pay 450.00 Town of Apple Valley
Commercial Warrants
Month of October 2024
Electronic Fund Transfers

Page 30 of 255 ends

Check # Date Vendor Description Check Total
451 10/10/2024 VETERAN SECURITY INC SECURITY SERVICES @ SINGH CENTER 09/22- 09/28
3,765.00
452 10/10/2024 VULCAN MATERIALS COLD MIX 732.71
453 10/17/2024 J. ALLISON CONSTRUCTION Kelii/Novy Disbursement #1 21,000.00 454 10/17/2024 MOJAVE PRINTING SOLUTIONS BUS SHELTER ADS 1,710.67 455 10/17/2024 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES 804.80 456 10/17/2024 TYPE-SET-GO Pet Fair 1,063.49
457 10/17/2024 VETERAN SECURITY INC SECURITY SERVICES @ SINGH CENTER 09/29- 10/05
3,765.00
458 10/24/2024 B B & K 28314.61005 22330 Miramot September 2024
105,241.51
459 10/24/2024 BATTISTA, RICHARD Graffiti Removal 3,110.40 460 10/24/2024 DEAN HOWARD HEAT & AIR INC. Council Chambers HVAC Repairs 6,880.00 461 10/24/2024 FEHR & PEERS Circulation Element Update 9,820.00 462 10/24/2024 KNC CONSTRUCTION Modular Kennel Craning and Utility Connection
34,012.61
463 10/24/2024 ODP BUSINESS SOLUTIONS, LLC DSB Workroom Office Supplies 377.67 464 10/24/2024 TYPE-SET-GO ICSC Shirt embroidery 1,591.47 465 10/24/2024 VULCAN MATERIALS Cold Mix 503.84
466 10/24/2024 LCR EARTHWORK & ENGINEERING, CORP. Yucca Loma Elementary Safe Routes to School
666,743.25
467 10/24/2024 ONYX PAVING COMPANY Yucca Loma Road Widening 731,544.59 468 10/31/2024 BATTISTA, RICHARD James Woody & Civic Center 286.80 469 10/31/2024 BIG APPLE AUTO VEHICLE REPAIR 14,851.02
470 10/31/2024 ONYX PAVING COMPANY Yucca Loma Road Widening 762,026.31 471 10/31/2024 VETERAN SECURITY INC SECURITY SERVICES @ SINGH CENTER 10/06- 10/12
7,785.00
472 10/31/2024 VULCAN MATERIALS Cold Mix 973.32
48 EFT's Total amount of EFT's: $3,169,860.28

Page 31 of 255 ends

Town Council Agenda Report
Date: November 12, 2024
To: Honorable Mayor and Town Council
Subject: OCTOBER 2024 PAYROLL/BENEFITS WARRANTS SCHEDULE

From: Douglas Robertson, Town Manager
Submitted by: Emad Gewaily, Director of Finance
Finance Department
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council receive, ratify, and file the payroll/benefits warrants as presented.

BACKGROUND
Per Sections 3.16.040 through 3.18.030 of the Town of Apple Valley Municipal Code, except for tort claims, every claim and demand received against the Town shall be presented to, approved in writing by the receiving department or office, certified to the delivery or rendition of the supplies, materials, property, or service for which payment is claimed, and that the quality and prices correspond with the original specifications and contracts.

SUMMARY
Pursuant to the Town’s Municipal Code, the register of demands shall be presented to the Town Council at the next regular meeting thereof after preparation. The Town Council may approve, conditionally or partially approve, or reject such a register of demands and in connection therewith consider the recommendations of the Town Manager and Director of Finance. Further, the State Government Code provides that Staff may process and pay prior to ratification by the Town Council, demands properly made in the ordinary course of business, the just obligations of the Town, such as routine salaries and wages, and other like expenditures for which there is an express budget appropriation, and in connection with which there is no dispute as to the obligation and amount being payable.

The Payroll / Benefits warrants issued from October 1 through October 31, 2024, in the amount of $768,037.73 net of voids, covering issued warrant #s 70701-70803 and direct deposit advice #s 9991400-9991842 are herewith submitted for approval.

Page 32 of 255 ends

FISCAL IMPACT

DATE TOTAL
10/11/2024 $388,369.38
10/25/2024 $379,668.35
TOTAL: $768,037.73
The payroll and benefit warrants issued, covering warrant #s 70701-70803 and direct deposit advice #s 9991400 – 9991842 inclusive, totaled $768,037.73. Sufficient funding is appropriated and available in such amounts necessary to cover the demands included herein.

Page 33 of 255 ends

Town Council Agenda Report
Date: November 12, 2024
To: Honorable Mayor and Town Council
Subject: PROFESSIONAL SERVICES AGREEMENT WITH MDG ASSOCIATES INC.-THIRD AMENDMENT
From: Douglas Robertson, Town Manager
Submitted by: Silvia Urenda, Housing and Community Development Supervisor Housing and Community Development Division
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Approve the extension of the Professional Services Agreement between the Town of Apple Valley and MDG Associates Inc. for an additional term of two (2) years.

BACKGROUND
The Town of Apple Valley entered into a Professional Services Agreement in 2017 with MDG Associates Inc. to provide services for the adminsitration of federally funded programs awarded by the US Department of Housing and Urban Development (HUD).

In May 2021, the Town extended and expanded the agreement to include additional services for preparing the Five-year Consolidated Plan, Analysis of Impediments, and Citizen Participation Plan. In December 2021, the May 2021 agreement was amended further to include additional hours for administering and implementing federally funded HUD Programs. In 2022, Town staff further extended the May 2021 agreement with MDG Associates for an additional two year term.

Now, Town staff would like to extend the May 2021 agreement with MDG Associates for an additional two years, through June 30, 2026.

ANALYSIS
Town staff will continue to render services from MDG Associates Inc. for administration and implementation of federal and state funded projects through the existing 5-year Consolidated Plan cycle, ending in 2026.

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FISCAL IMPACT
MDG Associates services will be paid through the allowable administrative percentage allocations and activity delivery costs for each federal and state funded program and project. The contract shall not exceed $150,000 per program year.

ATTACHMENTS
A. Third Amendment to Professional Services Agreement
B. Exhibit A-1 Updated Hourly Rates

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THIRD AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT
WITH MDG ASSOCIATES INC.

This Third Amendment to the Professional Services Agreement is made and entered into as of July 1
ST, 2024 (“Effective Date”) by and between the Town of Apple Valley, a municipal corporation (“Town”) and MDG Associates Inc., a California corporation (“Consultant”). Town and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the Town and the Consultant have entered into an agreement, dated August 8, 2017, for the purpose of providing services for the administration and implementation of Federally Funded Housing Programs (the “Original Agreement”) B. WHEREAS, the Town and Consultant entered into an extension agreement, dated May 11, 2021, for the purpose of extending the term of the Original Agreement and including additional services for preparing the Five-Year Consolidated Plan and the Assessment of the Fair Housing Plan (the “Extension Agreement”).

C. WHEREAS, the Town and the Consultant have entered into a First Amendment to the Extension Agreement, dated December 1, 2021, for the purpose of amending the Extension Agreement to include professional services for the administration and implementation of federally funded HUD Programs.

D. WHEREAS, the Town and the Consultant have entered into a Second Amendment to the Extension Agreement, dated July 1st, 2022, for the purpose of amending the Extension Agreement to include professional services for the administration and implementation of federally funded HUD programs.

E. WHEREAS, the Parties now desire to amend the Extension Agreement to extend the term of the Extension Agreement for an additional two years, include additional services to include implementation of state funded projects, and update the Consultant’s hourly rates.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Third Amendment, the Extension Agreement, the Parties mutually agree as follows:

AGREEMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Term. The term of the Extension Agreement shall be extended for an additional term of two years through June 30, 2026, unless earlier terminated.

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3. Rates. The Services, as that term is defined in the Extension Agreement, shall be performed at the rates set forth in the Exhibit “A-1”, of the Second Amendment.

Total contract shall not exceed $150,000 per program year.

4. Full Force. Except as amended by this Third Amendment, all provisions of the original Extension Agreement and any amendments made through each extension, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Third Amendment.

5. Electronic Transmission. A manually signed copy of this Third Amendment which is 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 Third Amendment for all purposes. This Third Amendment may be signed using an electronic signature.

6. Counterparts. This Third Amendment may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR

THIRD AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT
WITH MDG ASSOCIATES INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment on the Effective Date first herein above written.

TOWN OF APPLE VALLEY
APPROVED BY:
__________
Douglas B. Robertson,
Town Manager
ATTEST:
________________________________
La Vonda M-Pearson,
Town Clerk
APPROVED AS TO FORM:

Thomas A. Rice,
Town Attorney Best Best & Krieger LLP

CONSULTANT
MDG ASSOCIATES INC.

Signature
Name
Title

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Exhibit A-1
Updated Hourly Rates
[ATTACHED]

Page 39 of 255 ends

Page 40 of 255 ends

Town Council Agenda Report
Date: November 12, 2024
To: Honorable Mayor and Town Council
Subject: ACCEPT THE FINAL MAP FOR PARCEL MAP NO. 20778
APPLICANT: ALTEC LAND PLANNING
From: Douglas Robertson, Town Manager
Submitted by: Richard Pedersen, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
It is recommended that Town Council accept the final map for Parcel Map No. 20778.

BACKGROUND
On January 17, 2024, the Planning Commission approved Tentative Parcel Map No. 20778.

The applicant has complied with all conditions of approval placed on the Tentative Parcel Map. This final parcel map subdivides a 40-acre property into two (2) parcels. The site is located at the northeast corner of Tussing Ranch Road and Apple Valley Road.

FISCAL IMPACT
No fiscal impact. The applicant has paid all fees to process the map.

ATTACHMENTS
A. Location Map
B. Final Map
C. Conditions of Approval

Page 41 of 255 ends

LOCATION MAP

Page 42 of 255 ends

Page 43 of 255 ends

www.AppleValley.org 14955 Dale Evans Parkway • Apple Valley, California 92307 • 760.240.7000

January 23, 2024
Mr. Robert Tinsley
10775 Apple Valley Road
Town of Apple Valley, CA
Subject: Tentative Parcel Map No. 20778
Dear Applicant:

At its January 17, 2024, regularly scheduled meeting, the Planning Commission approved the above-mentioned proposal to create a Tentative Parcel Map to subdivide 40- acres into two (2) parcels; a ten-acre parcel and a remainder thirty-acre parcel in the Residential Agriculture (1du/2.5 gross acres) zone district located at the northeast corner of Apple Valley and Tussing Ranch Roads.

This action of the Town of Apple Valley shall not be final for a period of ten (10) days from the date of this letter to allow for the filing of any appeal pursuant to the Town’s Development Code, Section 9.12.250, with the Town Clerk of the Town of Apple Valley.

This approval shall expire on January 16, 2027, unless the construction has substantially commenced in accordance with the Development Code.

Enclosed you will find the conditions as approved by the Planning Commission and as accepted by you at the public hearing. If you have any questions on this matter, please contact Amanda Malone (760) 240-7200 ext. 7202, [email protected]. Town offices are open Monday through Thursday between 7:30 a.m. and 5:30 p.m., and alternating Fridays between 7:30 a.m. and 4:30 p.m. (closed the subsequent Fridays).

Sincerely,
Lark McNeill
Lark McNeill
Principal Planner, Interwest Planning Group

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Conditions of Approval TPM 20778.docx

CONDITIONS OF APPROVAL
Tentative Parcel Map No. 20778
Please note: Many of the suggested Conditions of Approval presented herewith are provided for informational purposes and are otherwise required by the Municipal Code. Failure to provide a Condition of Approval herein that reflects a requirement of the Municipal Code does not relieve the applicant and/or property owner from full conformance and adherence to all requirements of the Municipal Code.

Planning Division Conditions of Approval
P1. This tentative subdivision shall comply with the provisions of the State Subdivision Map Act and the Town Development Code. This tentative approval shall expire three (3) years from the date of approval by the Planning Commission/Town Council. A time extension may be approved in accordance with the State Map Act and Town Ordinance, if an extension application is filed and the appropriate fees are paid thirty (30) days prior to the expiration date. The Tentative Parcel Map becomes effective ten (10) days from the date of the decision unless an appeal is filed as stated in the Town’s Development Code.

P2. Prior to approval of the Final Map, the following agencies shall provide written verification to the Planning Division that all pertinent conditions of approval and applicable regulations have been met:
a. Apple Valley Fire Protection District
b. Apple Valley Public Works Division
c. Apple Valley Engineering Division
d. Apple Valley Planning Division
e. Liberty Utilities
P3. The filing of a Notice of Exemption requires the County Clerk to collect a documentary handling fee of fifty dollars ($50.00). The fee must be paid in a timely manner in accordance with Town procedures. The check shall be delivered to the Planning Division for processing and be made payable to the Clerk of the Board of Supervisors, 385 North Arrowhead, 2nd Floor, San Bernardino, CA 92415.

P4. Tentative Parcel Map No. 20778 shall adhere to all requirements of the Development Code.

P5. The applicant shall defend at his sole expense (with attorneys approved by the Town) and indemnify the Town against any action brought against the Town, its agents, officers or employees resulting from or relating to this approval. The applicant shall reimburse the Town, its agents, officers or employees for any judgment, court costs and attorney's fees which the Town, its agents, officers or
employees may be required to pay as a result of such action. The Town may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant of these obligations under this condition.

P6. Approval of the Tentative Parcel Map No. 20778 by the Planning Commission is understood as acknowledgement of Conditions of Approval by the applicant, unless an appeal is

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Conditions of Approval TPM 20778.docx
filed in accordance with Section 9.12.250, Appeals, of the Town of Apple Valley Development Code.

P7. Development of the parcel is subject to any State Policy and Procedures on the Western Joshua Tree as part of the Western Joshua Tree Conservation Act.

P8. The project shall conform to the Residential Agriculture (RA) development standards for front, side and rear yard-building setbacks.

P9. If the tract/parcel map is adjacent to existing development, a fence/wall plan shall be submitted with the grading and landscape/irrigation plans to identify how new fencing or walls will relate to any existing fences or walls located around the perimeter of the tract/parcel map. The developer shall be required to connect to the existing fencing/walls or collaborate with the adjacent property owners to provide new fencing/walls and remove the existing fence/wall, both options at the developer’s expense. Double fencing shall be avoided, and review and approval of the fencing/wall plan is required prior to issuance of grading permits.

P10. All new development of residential structures shall be designed and constructed in compliance with the “Single Family Infill Plotting Criteria” subject to review and approved by the Planning Division.

P11. Landscape and irrigation plans shall be submitted prior to the issuance of Building Permits in accordance with Chapter 9.31 “Residential Design Standards” and Chapter 9.75 “Water Conservation/Landscape Regulations” of the Development Code and installed prior to issuance of occupancy permits subject to approval by the Planning Division.

Engineering Division Conditions of Approval
EC1. A 64-ft wide half-width road dedication along Apple Valley Road shall be granted to the Town of Apple Valley prior to Final Map Approval.

EC2. A 64-ft wide half-width road dedication along Tussing Ranch Road shall be granted to the Town of Apple Valley prior to Final Map Approval.

EC3. A 35-ft wide radius corner dedication at the intersection of Apple Valley Road and Tussing Ranch Road shall be granted to the Town of Apple Valley prior to Final Map Approval.

EC4. The developer shall present evidence to the Town Engineer that he has made a reasonable effort to obtain a non-interference letter from any utility company that may have rights of easement within the property boundaries.

Public Works Division Conditions of Approval – none for this project Building and Safety Department Conditions of Approval
BC1. An engineered grading report including soils report and percolation test shall be submitted to and approved by the Building Official prior to recordation of the final map or issuance of permits for grading in excess of 1000 cubic yards.

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Conditions of Approval TPM 20778.docx
Fire Protection District Conditions of Approval

1. The above referenced project is protected by the Apple Valley Fire Protection District.

Prior to construction occurring on any parcel, the owner shall contact the Fire District for verification of current fire protection development requirements.

2. All new construction shall comply with applicable sections of the California Fire Code, California Building Code, and other statutes, ordinances, rules, and regulations regarding fires and fire prevention adopted by the State, County, or Apple Valley Fire Protection District.

3. The development and each phase thereof may be required to have two points of paved access for fire and other emergency equipment, and for routes of escape which will safely handle evacuations. Each of these points of access shall provide an independent route into the area in which the development is located. This shall be completed prior to any combustible construction.

4. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background.

New dwelling addresses shall be posted with a minimum of 4-inch numbers visible from the street, and during the hours of darkness the numbers shall be internally illuminated. Where building setbacks exceed 75 feet from the roadway, additional contrasting 4-inch numbers shall be displayed at the property entrance.

5. Plans for fire protection systems designed to meet the fire flow requirements specified in the Conditions of Approval for this project shall be submitted to and approved by the Apple Valley Fire Protection District and water purveyor prior to the installation of said systems.

A. Unless otherwise approved by the Fire Chief, on-site fire protection water systems shall be designed to be looped and fed from two (2) remote points.

B. System Standards:
*Fire Flow 500 GPM @ 20 psi Residual Pressure on 8” minimum water main size.

Duration 2 Hour
Hydrant Spacing 660 Feet
NFPA 13D (RESIDENTIAL AUTOMATIC FIRE SPRINKLER SYSTEM): REQUIRED This residence shall be constructed with an automatic fire sprinkler system (NFPA 13D) throughout the structure, including the garage. Plans shall be submitted by a licensed C-16 contractor to the Fire District for review and approval along with plan review fees. Fire Sprinkler work shall not commence until plan approval and a job card has been issued. An approved fire alarm system shall be installed that will provide a local alarm for water flow to be audible throughout the premises. NOTE: The Fire District shall be notified a minimum of 24 hours prior to the desired final inspection date.

6. A letter shall be furnished to the Fire District from the water purveyor stating that the required fire flow for the project can be met prior to the Formal Development Review Committee meeting.

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Conditions of Approval TPM 20778.docx

7. Apple Valley Fire Protection District Final Subdivision/Tract/Development fees shall be paid to the Fire District prior to final map acceptance according to the current Apple Valley Fire Protection District Fee Ordinance.

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Town Council Agenda Report
Date: November 12, 2024
To: Honorable Mayor and Town Council
Subject: ACCEPTANCE OF WORK FOR MODULAR KENNELS AT APPLE

VALLEY SHELTER
From: Douglas Robertson, Town Manager
Submitted by: Adriana Atteberry, Interim Animal Services Manager Animal Services Department
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council:

A. Accept the work completed by Hitt Construction Company, Inc. as part of the Apple Valley Animal Shelter Concrete Foundation – project No. 2024-0065 for a total cost of $70,000.

B. Approve budget amendment totaling $26,500.

C. Direct the Town Clerk to file the Notice of Completion for the contract work.

D. Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

BACKGROUND
On June 13, 2024, the Town awarded the modular Apple Valley Animal Shelter Concrete Foundation project to Hitt Construction Company Inc. The purpose of the project was to prepare the foundation for the delivery of a modular kennel. The first phase of the work started June 24, 2024, and was completed on July 15, 2024. On October 2, 2024, a change order in the amount of $26,500 was issued to provide concrete flatwork filling in all of the excess voids around the kennel and ensuring ADA compliance.

ANALYSIS
Staff inspected the project and deemed the work to be complete and acceptable.

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FISCAL IMPACT
On June 13, 2024, the Town Manager approved a project appropriation of $43,500. The attached Budget Amendment dated October 23, 2024, will appropriate an additional $26,500 for the concrete flatwork around the kennel which was required to complete the project. Funding for the project will be paid for out of Animal Services Capital Projects account 47102118.750100.

ATTACHMENTS
A. Project Location
B. Notice of Completion
C. Budget Amendment

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Area of Work

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Town Council Agenda Report
Date: November 12, 2024
To: Honorable Mayor and Town Council
Subject: ACCEPTANCE OF WORK FOR THE YUCCA LOMA ROAD WIDENING

PROJECT
From: Douglas Robertson, Town Manager
Submitted by: Richard Pedersen, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council:

A. Accept the work completed by Onyx Paving Company, Inc. for the Yucca Loma Road Widening project for a total contract cost of $1,572,179.89.

B. Direct the Town Clerk to file the Notice of Completion for the contract work.

C. Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

BACKGROUND
On February 13, 2024, the Town Council directed staff to proceed with the bidding and contract documents for the reconstruction and widening of Yucca Loma Road from Apple Valley Road to approximately 1,200 feet east of Apple Valley Road. On May 14, 2024, Council awarded the project to Onyx Paving Company, Inc. The work included the complete removal of existing paving, grading of a new wider roadway, installation of new curb, gutter and sidewalk, installation of new base material, and asphalt paving resulting in four travel lanes (two in each direction) and a center median. During construction, staff requested that Onyx Paving construct two additional ADA ramps and expand the width of the sidewalk along the south side. Additionally, decomposed granite was added to the parkway area.

ANALYSIS
Engineering staff inspected the project area and deemed the work to be complete and acceptable.

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FISCAL IMPACT
The approved budget for the project at the time of award was $1,614,800, and the final construction cost was $1,572,179.89. In preparation for the commencement of this project, the Town entered into a Funding Agreement with the San Bernardino County Transportation Authority (SBCTA) to formalize the construction funding commitments between the two agencies. The Funding Agreement includes a pledge of 45% from SBCTA using Measure I Major Local Highway Program funds with a reimbursable total of $707,480.95. The Town is responsible for the remaining cost $864,698.94 which will be paid for out of Traffic Impact Fees.

ATTACHMENTS
A. Project Location
B. Notice of Completion

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AREA OF WORK

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Recording Requested by:

Town of Apple Valley
When Recorded mail to:

Town of Apple Valley
Town Clerk’s Office
14955 Dale Evans Parkway
Apple Valley, CA 92307
FOR RECORDER’S USE ONLY
Notice of Completion
This document is recorded at the request of and for the benefit of the Town of Apple valley, California, and is therefore exempt from the payment of the recording fee pursuant to Government Code Section 27383 and from the payment of the documentary transfer tax pursuant to Revenue and Taxation code 11922.

NOTICE IS HEREBY GIVEN, that

1. The undersigned, Richard Pedersen, is the duly appointed and qualified Town Engineer of the Town of Apple Valley, a municipal corporation of the State of California, and which is located within the County of San Bernardino, in said State, and the address of the undersigned is 14955 Dale Evans Parkway, Apple Valley, California 92307.

2. That on the 14
th day of May, 2024, and pursuant to approval of the Town Council of the said Town, the Town entered into a contract with Onyx Paving Company, Inc., 2890 E. La Creta Avenue, Anaheim, CA 92806 for the construction of the Yucca Loma Road Widening Project in the Town of Apple Valley in accordance with the Town of Apple Valley's Plans and Specifications.

3. That all of the said work or improvement was located in various locations, APN’s unknown, within the Town of Apple Valley.

4. That all of the said work or improvement contemplated in and under said contract was completed, and accepted by Council action, on November 12, 2024.

5. That the Surety on the Performance Bond of said Contractor and the surety on the Labor and Material Bond of said Contractor, under said contract, was and is $1,572,179.89 and $1,572,179.89.

6. Owners - Town of Apple Valley.

7. Nature of Interest – In fee/easement.

The undersigned, being the first duly sworn, says: That he is the duly appointed and qualified Town Engineer of the Town of Apple Valley, the political subdivision of the state of California which conducted the proceedings for the improvement located at 14955 Dale Evans Parkway, in said Town, described or referred to in the foregoing Notice; and that he has read the foregoing "Notice of Completion;" and knows the contents thereof, and that the facts recited therein are true.

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I certify under penalty of perjury the foregoing is true and correct.

Apple Valley, CA. November 12, 2024
Richard Pedersen, Town Engineer of the Town of Apple Valley, California

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )
TOWN OF APPLE VALLEY )ss.

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Town Council Agenda Report
Date: November 12, 2024
To: Honorable Mayor and Town Council
Subject: ACCEPTANCE OF WORK FOR THE CHIP SEAL 2024 PROJECT From: Douglas Robertson, Town Manager
Submitted by: Richard Pedersen, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council:

A. Accept the work completed by American Pavement Systems, Inc. for the Chip Seal 2024 project for a total contract cost of $2,217,506.20.

B. Direct the Town Clerk to file the Notice of Completion for the contract work.

C. Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

BACKGROUND
As part of the Town’s annual paving priorities, staff evaluated local roadways and determined priority areas in need of maintenance. The Project generally consisted of providing the necessary labor, equipment, and materials for the removal of existing striping and markings, application of chip seal and fog seal, and replacing thermoplastic striping. Some of the selected areas included in this project were previously included in a roadway repair project where large roadway gaps and other damaged areas were repaired and prepared for resurfacing.

ANALYSIS
Engineering staff inspected the project area and deemed the work to be complete and acceptable.

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FISCAL IMPACT
The approved budget for the project at the time of award was $2,297,810, and the final construction cost was $2,217,506.20. Funding for this project has been appropriated in the adopted FY 2024-25 budget using a combination of Measure I and Road Maintenance and Rehabilitation Account.

ATTACHMENTS
A. Project Location
B. Notice of Completion

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Swift Fox Court
Town of Apple Valley
Chip Seal 2024
Segment Map
(For Reference Only) Not to Scale
School
Frontage
School
Frontage
School
Frontage
School
Frontage
Academy for
Academic
Excellence
Desert Knolls Elementary
Rio Vista School
of Applied
Learning
Sitting Bull Academy

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Recording Requested by:

Town of Apple Valley
When Recorded mail to:

NOTICE IS HEREBY GIVEN, that

2. That on the 13th day of August, 2024, and pursuant to approval of the Town Council of the said Town, the Town entered into a contract with American Pavement Systems, Inc., 1012 11th. Street, Suite 1000, Modesto, CA 95354 for the construction of the Chip Seal 2024 Project in the Town of Apple Valley in accordance with the Town of Apple Valley's Plans and Specifications.

3. That all of the said work or improvement was located in various locations, APN’s unknown, within the Town of Apple Valley.

4. That all of the said work or improvement contemplated in and under said contract was completed, and accepted by Council action, on November 12, 2024.

5. That the Surety on the Performance Bond of said Contractor and the surety on the Labor and Material Bond of said Contractor, under said contract, was and is $2,217,506.20 and $2,217,506.20.

6. Owners - Town of Apple Valley.

7. Nature of Interest – In fee/easement.

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I certify under penalty of perjury the foregoing is true and correct.

Apple Valley, CA. November 12, 2024
Richard Pedersen, Town Engineer of the Town of Apple Valley, California

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )
TOWN OF APPLE VALLEY )ss.

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Town Council Agenda Report
Date: November 12, 2024
To: Honorable Mayor and Town Council
Subject: ACCEPTANCE OF WORK FOR THE DOUBLE MODULAR

DEMOLITION PROJECT
From: Douglas Robertson, Town Manager
Submitted by: Jabez Vargas, Public Works Manager
Public Works Department
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council:

A. Accept the work completed by Unlimited Environmental, Inc. as part of the Double Modular Demolition Project for a total contract cost of $78,709.48.

B. Direct the Town Clerk to file the Notice of Completion for the contracted work.

C. Direct the Finance Department to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

BACKGROUND
The project consisted of providing necessary labor, equipment and materials to complete demolition of two modular buildings located at 12555 Navajo Road and 17299 Apple Valley Road. On August 13, 2024, a contract was awarded to Unlimited Environmental, Inc., for this project.

ANALYSIS
The work was completed on October 23, 2024. Building and Safety staff inspected this work and deemed it complete and acceptable.

FISCAL IMPACT
Funding for the project has been appropriated in the adopted FY 2024-25 budget under Code Enforcement account code 10015026.720010 and Capital Improvement Projects account code 49100000.750100.

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ATTACHMENTS
A. Project Location
B. Notice of Completion

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Recording Requested by:

Town of Apple Valley
When Recorded mail to:

NOTICE IS HEREBY GIVEN, that

1. The undersigned, Jabez Vargas, is the duly appointed and qualified Public Works Manager of the Town of Apple Valley, a municipal corporation of the State of California, and which is located within the County of San Bernardino, in said State, and the address of the undersigned is 14955 Dale Evans Parkway, Apple Valley, California 92307.

2. That on the 13
th day of August, 2024, and pursuant to approval of the Town Council of the said Town, the Town entered into a contract with Unlimited Environmental, Inc., 9945 Pioneer Blvd., Santa Fe Springs, CA 90670, for the Double Modular Demolition Project in the Town of Apple Valley in accordance with the Town of Apple Valley's Plans and Specifications.

3. That all of the said work or improvement was located at APN 0472-051-37 (17299 Apple Valley Road) and APN 3087-511-02 (12555 Navajo Road), within the Town of Apple Valley.

4. That all of the said work or improvement contemplated in and under said contract was completed, and accepted by Council action, on November 12, 2024.

5. That the Surety on the Performance Bond of said Contractor and the surety on the Labor and Material Bond of said Contractor, under said contract, was and is $75,000.00 and $75,000.00.

6. Owners - Town of Apple Valley.

7. Nature of Interest – In fee.

The undersigned, being the first duly sworn, says: That he is the duly appointed and qualified Public Works Manager of the Town of Apple Valley, the political subdivision of the state of California which conducted the proceedings for the improvement located at 14955 Dale Evans Parkway, in said Town, described or referred to in the foregoing Notice; and that he has read the foregoing "Notice of Completion;" and knows the contents thereof, and that the facts recited therein are true.

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I certify under penalty of perjury the foregoing is true and correct.

Apple Valley, CA. November 12, 2024
Jabez Vargas, Public Works Manager of the Town of Apple Valley, California

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )
TOWN OF APPLE VALLEY )ss.

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Town Council Agenda Report
Date: November 12, 2024
To: Honorable Mayor and Town Council
Subject: AWARD DESIGN SERVICES FOR THE CIVIC CENTER PARK PICKLEBALL PROJECT NO. PR 2024-04

From: Douglas Robertson, Town Manager
Submitted by: Debbie Rivera, Parks and Recreation Manager Parks and Recreation Department
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council award a professional services contract to Kimley-Horn and Associates, Inc. for the design of the Civic Center Pickleball Court Project in the amount of $176,741 and a 10% contingency of $17,674, for a total amount not to exceed $194,415.

BACKGROUND
On December 7, 2023, the Parks and Recreation Commission prioritized the needs of the Town’s Parks and Recreation infrastructure by setting forth a list of projects to be funded by Quimby dollars (development impact fees), including playground replacements, ballfield renovations, golf course improvements, tree planting program, and pickleball courts. Subsequently, the Town Council approved the ranked use of the Quimby funds.

The first phase of the pickleball courts project will include design, proposed herein, followed by a future phase two for construction, pending available funding. To start phase one, staff submitted requests for proposals for professional design and engineering plans for 3-4 pickleball courts at the northeast end of Civic Center Park, near the dog park.

The project will generally include the design of the following amenities:
- Pickleball courts (3 to 4) surfacing, striping, necessary elements - Pickleball posts and netting
- Court fencing with access gates
- Walkways
- Small and large bleachers/benches for seating
- Electrical components for lighting
- Court lighting with timer system

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- Court washing hose bib assembly

ANALYSIS
On August 28, 2024, the Parks and Recreation Department advertised the project and received sealed bids on September 25, 2024. A review committee was selected to review and score all five firm’s submissions. The review committee agreed upon the final scoring and Kimley-Horn was selected for the following reasons:
- Kimley-Horn displayed a clear understanding of the project scope and approach - Provided an adequate timeline for project completion
- Displayed excellent experience with similar projects
- Provided a team of members with experience and expertise in similar projects - Provided relevant project examples
- Overall quality and completeness of their proposal submission With a consultant selected, staff reviewed their cost proposal. Kimley-Horn’s estimated cost for this project is $176,741, plus a 10% contingency, which is within the estimated budget for the design of this project.

Accordingly, staff recommends that Kimley-Horn be awarded a Professional Services Agreement for the Civic Center Park Pickleball Design Services. The design is expected to be completed in April of 2025 with future construction to be determined as funding is available.

FISCAL IMPACT
Kimley-Horn’s proposed fee for the design of the Civic Center Park Pickleball Project (Phase 1) is $194,415. Funds were included in the adopted FY 2024-25 budget for Quimby Funds, account code 25204023-750100, which will cover the total contract amount not to exceed $194,415 for this project.

ATTACHMENTS
A. Kimley-Horn Price Proposal
B. Professional Services Agreement

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1 TOWN OF APPLE VALLEY

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 12th day of November, 2024, by and between the Town of Apple Valley, a municipal corporation organized under the laws of the State of California with its principal place of business at 14955 Dale Evans Parkway, Apple Valley, California 92307 (“Town”) and Kimley Horn and Associates, Inc., a North Carolina Corporation, with its principal place of business at 421 Fayetteville Street, Suite 600, Raleigh, NC 27601 ("Consultant"). Town and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the Town on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing engineering, planning, and design services to public clients, is licensed in the State of California, and is familiar with the plans of Town.

2.2 Project.

Town desires to engage Consultant to render such professional services for the Civic Center Park Pickleball project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the Town all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional engineering, planning, and design consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be November 12, 2024 to April 30, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Fees and Payments

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth

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2 in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Seventy-Six Thousand Seven Hundred and Forty-One Dollars ($176,741.00) without written approval of the Town Council or Town Manager as applicable.

Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 Payment of Compensation. Consultant shall submit to Town a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

Town shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the Town disputes any of Consultant's fees, the Town shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the Town for any reason whatsoever.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by Town, or included in Exhibit "C" of this Agreement.

3.2.4 Extra Work. At any time during the term of this Agreement, Town may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by Town to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the Town.

3.2.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Town retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services on behalf of Consultant shall not be employees of Town and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of Town, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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3 3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of Town.

3.3.4 Substitution of Key Personnel. Consultant has represented to Town that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of Town. In the event that Town and Consultant cannot agree as to the substitution of key personnel, Town shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Michael Madsen, PLA, Michael Ledbetter, PLA, Kameron Qureshi, P.E.

3.3.5 Town's Representative. The Town hereby designates Debbie Rivera Parks and Recreation Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("Town's Representative"). Town's Representative shall have the power to act on behalf of the Town for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The Town Manager shall be authorized to act on Town's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in Section 3.2 of this Agreement. Consultant shall not accept direction or orders from any person other than the Town Manager, Town's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates Michael Madsen, PLA, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services. Consultant agrees to work closely with Town staff in the performance of Services and shall be available to Town's staff, consultants and other staff at all reasonable times.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the Town, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the Town to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the Town, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform

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4 any of the Services or to work on the Project.

3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the Town and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the Town will suffer damage.

3.3.9.2 Neither Town nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the Services and Agreement.

3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

3.3.9.4 Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. Notwithstanding the foregoing in this section, the Town may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

All violations of such laws and regulations shall be grounds for the Town to terminate the Agreement for cause.

3.3.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

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5 3.3.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of Town's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.3.10.3 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify Town against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.4 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.3.11 Insurance.

3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the Town that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the Town that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the Town to terminate this Agreement for cause.

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.

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6 (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the Town to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The Town, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Town except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Town except ten (10) days shall be allowed for nonpayment of premium. (C) Professional Liability (Errors & Omissions): (1) Cancellation:

Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Town except ten (10) days shall be allowed for non-payment of premium. (2) The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Town except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the

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7 insurer waives all rights of subrogation against the Town, its officials, officers, employees, agents, and volunteers.

3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the Town, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the Town, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Town, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the Town and shall protect the Town, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the Town, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the Town for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the Town. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the Town evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the Town to inform Consultant of non-compliance with any requirement imposes no additional obligation on the Town nor does it waive any rights hereunder.

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8 3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the Town, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Town has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Town will be promptly reimbursed by Consultant or Town will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Town may cancel this Agreement.
(C) The Town may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the Town nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the Town and shall not preclude the Town from taking such other actions available to the Town under other provisions of the Agreement or law.
(F) Consultant shall report to the Town, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the Town, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the Town, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the Town.

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9 3.3.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the Town’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.

Consultant must additionally comply with the lawful requirements of the Town, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Town may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this section, or any other relevant water quality law, regulation, or policy.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Town shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the Town, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the Town. Consultant shall defend, indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

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10 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Accounting Records.

3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of Town during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination. Town may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to Town, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, Town may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, Town may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: Kimley-Horn and Associates, Inc.
401 B. Street, Suite 600
San Diego, CA 92101
ATTN: Michael Madsen, PLA
Town: Town of Apple Valley
14955 Dale Evans Parkway
Apple Valley, California 92307
ATTN: Debbie Rivera

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11 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for Town to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of Town, and shall not be used in whole or in substantial part by Consultant on other projects without the Town’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to Town reproducible copies of all Documents & Data, in a form and amount required by Town. Town reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by Town at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to Town upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to Town any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to Town upon the payment of actual reasonable duplication costs.

Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify Town and provide Town with the opportunity to obtain the documents.

3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that Town is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the Town.

3.6.3.3 Right to Use. Town shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at Town’s sole risk. If Town uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the Town upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a

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12 party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the Town, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by Town of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of Town, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Town's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of Town.

3.6.3.6 Confidential Information. The Town shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the Town's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the Town shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the release notice to give Town written notice of Consultant's objection to the Town's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the Town, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. Town shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with Town's choice of legal counsel), and hold Town harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that Town release such information.

3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.5 Indemnification.

3.6.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of Town’s choosing), indemnify and hold the Town, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent in any manner arising out of, pertaining to, or incident to any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of

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13 the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole or active negligence or willful misconduct of the Town. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the Town, its officials, officers, employees, agents, or volunteers.

3.6.5.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.6.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the Town. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the Town.

3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.9 Town's Right to Employ Other Consultants. Town reserves right to employ other consultants in connection with this Project.

3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.6.11 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the Town, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of Town.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.6.12 Construction; References; Captions. Since the Parties or their agents have

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14 participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to Town include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the Town’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, Town shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of Town, during the term of his or her service with Town, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.18 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6.20 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]

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15 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE TOWN OF APPLE VALLEY
AND KIMLEY HORN AND ASSOCIATES, INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

TOWN OF APPLE VALLEY
________________________________
Douglas B. Robertson,
Town Manager
ATTEST:
__________________________
La Vonda M-Pearson,
Town Clerk
APPROVED AS TO FORM:
__________________________
Thomas A. Rice,
Town Attorney, Best Best & Krieger, LLP
KIMLEY-HORN AND ASSOCIATES, INC.

By:

Its: Vice President
Printed Name: Michael Madsen, PLA #5798
By:

Its: Senior Associate
Printed Name: Justin Beckner, P.E. #78572

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Town Council Agenda Report
Date: November 12, 2024
To: Honorable Mayor and Town Council
Subject: APPROVE PURCHASE OF PLAYGROUND STRUCTURE AND
RUBBER SURFACING FOR CAPTAIN JOSEPH MCCONNELL JR.

USAF PARK (MCCONNELL PARK)
From: Douglas Robertson, Town Manager
Submitted by: Debbie Rivera, Parks & Recreation Manager Parks and Recreation Department
Budgeted Item: Yes No N/A
RECOMMENDATION:

That the Town Council approve and authorize the Town Manager or his designee to approve the price proposal and authorize a purchase order with Playcore Wisconsin, Inc. dba GameTime, for the purchase and installation of one playground structure including pour-in-place rubber surfacing in the amount not to exceed $412,078.44. The new playground will be installed at the Captain Joseph McConnell Jr. USAF Park (McConnell Park).

BACKGROUND:

The Town of Apple Valley was awarded an $8,494,127.00 Statewide Park Development and Community Revitalization Program (Prop 68) grant from the State Office of Grants and Local Services (OGALS) to design, engineer, and construct the southerly portion of the park located to the east of the property now serving as the Apple Valley Unified School District offices.

On June 27, 2023, the Town Council awarded a Professional Services Agreement (PSA) to Verde Design, Inc. to provide design services for the new park. Verde Design has worked to provide 100% design documents for the Town to submit for formal bidding.

Verde Design also helped identify certain amenities, including the playground structure, which the Town could opt to purchase through direct cooperative purchasing agreements.

ANALYSIS:

Exception #10 in Section 3.12.270 of the Town’s Municipal Code, referred to as “piggybacking” states:

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(10)Without further contracting, solicitation, or formal bidding as described in this Chapter, the Town Council may authorize, or may authorize the Town Manager to allow, the Town's Finance Director or the Purchasing Agent to contract for the purchase of supplies, equipment or services with other governmental jurisdictions or public agencies who are making or have made the same such purchases through legal, competitively awarded contracts in effect at the time of the Town's entrance into that same contract (commonly referred to as "piggybacking").

Use of such direct cooperative purchases saves staff time in the procurement of equipment or goods by eliminating the public bidding process. Additionally, it lessens the Town’s expenses by the procurement of items at costs usually lower than those that would be expected through an individual public bid process. This decision will help to reduce overall funds spent on the project due to the increase in the cost of living since the grant was originally awarded.

For the purchase of the playground structure and rubber surfacing, we are utilizing OMNIA Partners cooperative purchasing. In January 2017, The City of Charlotte, North Carolina, on behalf of itself and all states, local governments, school districts, and higher education institutions of the United States, issued a request for proposal (RFP) for Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services. This resulted in a contracting solution for use by the above-mentioned entities, which includes the Town of Apple Valley. Through this RFP process, Playcore Wisconsin, Inc. dba GameTime was awarded a contract (#2017001134) in July 2017, expiring in June 2026.

Upon approval from the Town Council, staff will move forward with issuing a purchase order for the purchase and installation of a new playground structure and rubber surfacing. The current lead time for such a structure is 18 weeks to deliver and install from the time of purchase. The Town will need to purchase the playground equipment as quickly as possible to ensure the delivery follows the current timeline of our park project.

Staff recommends the approval to purchase the playground structure and rubber surfacing utilizing cooperative purchasing through OMNIA Partners, and approve the purchase order to Playcore Wisconsin, Inc. dba GameTime for the purchase and installation of one playground structure and rubber surfacing, in an amount not to exceed $412,078.44.

FISCAL IMPACT:

The price proposal for the playground structure and pour-in-place surfacing is $412,078.44, including installation. The grant includes up to $8,494,127.00 in reimbursable funds received from the California Department of Parks and Recreation, Office of Grants and Local Services (OGALS). Staff is requesting the Finance Director allocate $412,078.44 from Fund 49100000-750100 towards this contract. Funds were included in the adopted FY2024/2025 budget which will cover the total contract amount for this item.

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ATTACHMENTS:

A. Gametime Proposal and Design
B. Omnia Partners Contract #2017001134
C. Amendment 15 to the Contract #2017001134
D. CEQA NOE

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Proposal for
Town of Apple Valley
Prepared by
08-07-2024
Job # 111532-01
Captain Joseph McConnell JR. USAF Park Playground Option 4B 805-320-9007 | www.gwpark.com

Page 91 of 255 ends

Town of Apple Valley
Attn: Debbie Rivera
21878 Pahute Road
Apple Valley, CA 92308

UNITED STATES
Phone: 760-240-7000 Ext. 7885
[email protected]
Ship to Zip 92308
Qty Part # Description List $ Selling $ Ext. Selling $
2-5 Play Area
1 RDU GameTime - Custom 2-5 Play StructureReference Drawing 111532-01-Opt 4$17,290.00 $13,140.40 $13,140.40 1 5178 GameTime - Welcome Sign (2-5) $748.00 $703.12 $703.12 1 6369 GameTime - Sea Plane Two-Person Spring Rider $3,353.00 $2,816.52 $2,816.52 1 PLX902 GameTime - Peaked Roof w Wind Sock $5,520.00 $5,520.00 $5,520.00 5-12 Play Area
1 RDU GameTime - Custom 5-12 Ramped Play Structure with TowerReference Drawing 111532-01-Opt 4 NDS Inclusive
$124,895.00 $62,447.50 $62,447.50
1 6506RP GameTime - Air Traffic Control Tower Roof $13,056.00 $13,056.00 $13,056.00 2 6030RP GameTime - HPL American Flag $1,508.00 $1,508.00 $3,016.00 1 6511RP GameTime - Citadel Tower (No Roof) $8,564.00 $8,564.00 $8,564.00 1 6512RP GameTime - ATC Tower Tall Entryway $3,068.00 $3,068.00 $3,068.00 2 6513RP GameTime - ATC Tower Short Enclosure Entryway $3,944.00 $3,944.00 $7,888.00 1 6514RP GameTime - ATC Tower Medium Enclosure Entryway $3,764.00 $3,764.00 $3,764.00 1 6515RP GameTime - ATC Tower Short Encl. w/ Telescope $5,936.00 $5,936.00 $5,936.00 1 6516RP GameTime - ATC Tower Slide Enclosure $1,420.00 $1,420.00 $1,420.00 1 6786RP GameTime - Airplane Quad Roof $15,816.00 $15,816.00 $15,816.00 1 4507SP GameTime - Fuel Truck $10,480.00 $10,480.00 $10,480.00 1 6238 GameTime - Shadow Play Flower $7,214.00 $6,059.76 $6,059.76 1 5179 GameTime - Welcome Sign (5-12) $748.00 $703.12 $703.12 1 14928 GameTime - NDS Inclusive Play Sign Package
1 6262 GameTime - Inclusive Whirl - Basic $18,633.00 $18,074.01 $18,074.01 GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
08/07/2024
Quote #
111532-01-08
Captain Joseph McConnell JR. USAF Park Playground Option 4B 2024 Fall Grant CWO Page 92 of 255

Page 1 of 5 ends

Qty Part # Description List $ Selling $ Ext. Selling $
4188 PIP GT-Impax - 4,188 SF of PIP -
**List Price $127,938.29, discounted per OMNIA Contract 4,188 sf, 5' CFH
Quote includes a 2.0" cushion layer and a 0.5" wear layer Includes (6) color mixes - see below for breakdown:
- 2,540 sf with a color mix of 50% Black and 50% Blue
- 1,173 sf with a color mix of 100% Grey
- 177 sf with a color mix of 100% Yellow
- 269 sf with a color mix of 100% White
- 29 sf with a color mix of 100% Orange
Design includes street with crosswalk, sky with clouds and sun using the (6) colors listed above
Includes (5) TTA Pads at Slides at 100 SF Each
Includes 400 SF at 12' CFH for Tower
50/50 Black and Standard Colors
Quote includes a 4.5" cushion layer and a 0.5" wear layer Aromatic Binder
Prevailing Wages
$25.05 $25.05 $104,909.40
2 SECURITY GT-Impax - Site SecurityPrevailing Wages$1,175.00 $1,175.00 $2,350.00 1 INSTALL Install - Install Playground EquipmentIncludes:

Provide and Install 4,188 SF of compacted class II base @4" depth Prevailing Wages
$96,680.00 $96,680.00 $96,680.00
1 INSTALL Install - Unloading of EquipmentPrevailing Wages$1,525.00 $1,525.00 $1,525.00 Contract: OMNIA #2017001134 Sub Total $387,936.83
Freight $10,000.00
Tax $14,141.61
Total $412,078.44
GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
08/07/2024
Quote #
111532-01-08
Captain Joseph McConnell JR. USAF Park Playground Option 4B 2024 Fall Grant CWO Page 93 of 255

Page 2 of 5 ends

Comments
Your Sales Rep is Myles Harvey. Please reach out to Myles at 805-320-9007 if you should have any questions regarding this quote.

Due to the volatility of freight costs, the freight pricing is subject to change at the time of order.

Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old. ***Grant Cash with Order Pricing--order MUST be paid in full at time of order. ***Pricing is based on Grant 2024 pricing. Orders MUST be placed before October 25, 2024, and MUST be shipped by December 31, 2024 to qualify for Grant Pricing.
***Not all equipment is eligible for Grant Pricing.
***OPTIONAL-To include a Payment and Performance Bond, please add $6,300 plus tax if applicable.

Shipping to Site Address:
21878 Pahute Road,
Apple Valley, CA 92308
*Freight charges are based on listed zip code and are subject to change if shipping information changes. *Deposit may be required.

Customer is responsible for offloading.

Prevailing wage
OMNIA #4001757
GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
08/07/2024
Quote #
111532-01-08
Captain Joseph McConnell JR. USAF Park Playground Option 4B 2024 Fall Grant CWO Page 94 of 255

Page 3 of 5 ends

Remit Payment to:

GameTime
P.O. Box 680121
Fort Payne, AL 35968
Taxes:

All applicable taxes will be added at time of invoicing unless otherwise included or a tax-exempt certificate is provided.

If sales tax exempt, you must provide a copy of certificate to be considered exempt.

Prices:

FOB Factory.

Orders:

All orders shall be in writing by purchase order, contract, or similar document made out to PlayCore Wisconsin Inc., dba GameTime.

Standard GameTime equipment orders over $100,000 may require a deposit of 25% at the time of order and an additional 25% at or before order ships Standard orders with equipment, installation and surfacing are requested to be split billed.

Equipment, Taxes & Freight as noted above
Installation and Surfacing billed as completed and Due Upon Receipt.

Terms:

Cash With Order Discount (CWO): Orders for GameTime equipment paid in full at time of order via check, Electronic Funds Transfer (ACH or wire) are eligible for a three percent (3%) cash with order discount.

Payment via credit card: If you elect to pay by credit card, GameTime charges a 2.50% processing fee that is assessed on the amount of your payment. This fee is shown as a separate line item and included in the total amount charged to your credit card. You have the option to pay by check, ACH or Wire without any additional fees.

Credit terms are Net 30 days, subject to approval by the GameTime Credit Manager. A completed credit application must be submitted and approved prior to the order being received. Please allow at minimum 2 days for the credit review process. GameTime may also require:

Completed Project Information Sheet (if applicable)
Copies of Payment and Performance Bonds (if applicable) A 1.5% per month finance charge will be imposed on all past due invoices.

Retainage not accepted.

Orders under $5,000 require payment with order.

DIR# 1000015526 CSLB#855664
INSTALLATION CONDITIONS:

ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery.

STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process. Once equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made and noted on the quotation.

FOOTER EXCAVATION: Installation pricing is based on footer excavation through earth/soil only. Customer shall be responsible for unknown conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in additional labor or materials cost.

UTILITIES: Owner is responsible for locating any private utilities.

ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in this quotation. If additional site work or specialized equipment is required, pricing is subject to change.

GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
08/07/2024
Quote #
111532-01-08
Captain Joseph McConnell JR. USAF Park Playground Option 4B 2024 Fall Grant CWO Page 95 of 255

Page 4 of 5 ends

ACCEPTANCE OF QUOTATION:

Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.

Purchase Amount: $412,078.44 Date: _______________________________ ________________________________________________________________ Signature
Please fill out this ORDER FORM, this is required to process the order.

Page 5 of 5 ends

Contract No. 2017001134
Vendor No. 121531
1 STATE OF NORTH CAROLINA

COUNTY OF MECKLENBURG

CONTRACT TO PROVIDE

PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES,

SURFACING, AND RELATED PRODUCTS AND SERVICES
This Contract (the “Contract”) is entered into as of this 1st day of July 2017 (the “Effective Date”), by and between Playcore Wisconsin, Inc. d/b/a GameTime, a corporation doing business in North Carolina (the “Company”), and the City of Charlotte, a North Carolina municipal corporation (the "City").

RECITALS
WHEREAS, the City issued a Request For Proposals (RFP #269-2017-028) for Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services dated January 25, 2017. This Request for Proposals together with all attachments and addenda, is referred to herein as the “RFP”; and
WHEREAS, the Company submitted a Proposal in response to RFP #269-2017-028 on March 16, 2017. This Proposal, together with all attachments and separately sealed confidential trade secrets, is referred to herein as the “Proposal” and is incorporated into this Contract by reference.

WHEREAS, the City awarded this Contract on May 8, 2017 to Company to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services to the City all in accordance with the terms and conditions set forth herein.

WHEREAS, the City of Charlotte, on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and nonprofit organizations (herein “Participating Public Agencies”), competitively solicited and awarded the Contract to the Company. The City has designated U.S. Communities as the administrative and marketing conduit for the distribution of the Contract to Participating Public Agencies.

The City is acting as the “Contracting Agent” for the Participating Public Agencies, and shall not be liable or responsible for any costs, damages, liability or other obligations incurred by the Participating Public Agencies. The Company (including its subsidiaries) shall deal directly with each Participating Public Agency concerning the placement of orders, issuance of purchase orders, contractual disputes, invoicing, payment and all other matters relating or referring to such Participating Public Agency’s access to the Contract.

Each Participating Public Agency enters into a Master Intergovernmental Cooperative Purchasing Agreement (MICPA) outlining the terms and conditions that allow access to the Lead Public Agencies’ Master Agreements. Under the terms of the MICPA, the procurement by the Participating Public Agency shall be construed to be in accordance with, and governed by, the laws of the state in which the Participating Public Agency resides.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the covenants and representations contained herein, the parties agree as follows:

Page 97 of 255 ends

Contract No. 2017001134
Vendor No. 121531
2 CONTRACT

1. EXHIBITS.

The Exhibits below are hereby incorporated into and made a part of this Contract. In interpreting this Contract and resolving any ambiguities, the main body of this Contract will take precedence over the Exhibits, and any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below. Each reference to GameTime in the Exhibits and Appendices shall be deemed to mean the Company.

EXHIBIT A: Discount Schedule, Price Lists, and Incentives EXHIBIT B: Installation Fees
EXHIBIT C: National Network of Distributors and Installers EXHIBIT D: Freight Rate Schedules
EXHIBIT E: Product Warranties
EXHIBIT F: Scope of Work
EXHIBIT G: U.S. Communities Administrative Agreement

2. DEFINITIONS.

As used in this Contract, the following terms shall have the meanings set forth below:

Acceptance: Refers to receipt and approval by the City of a Deliverable or Service in accordance with the acceptance process and criteria in this Contract.

Affiliates: Refers to all departments or units of the City and all other governmental units, boards, committees or municipalities for which the City processes data or performs Services.

Biodegradable: Refers to the ability of an item to be decomposed by bacteria or other living organisms.

Charlotte Business Refers to the Charlotte Business Inclusion office of the City Inclusion (CBI): of Charlotte.

Charlotte Combined Refers to the Charlotte-Gastonia-Salisbury Combined Statistical Area (CSA): Statistical Area consisting of; (a) the North Carolina counties of Anson, Cabarrus, Cleveland, Gaston, Iredell, Lincoln,
Mecklenburg, Rowan, Stanly, and Union; and (b) the South Carolina counties of Chester, Lancaster, and York; a criteria used by Charlotte Business INClusion to determine eligibility to participate in the program.

City: Refers to the City of Charlotte, North Carolina.

Company: Refers to a company that has been selected by the City to provide the Products and Services of this Contract.

Company Project Refers to a specified Company employee representing the Manager: best interests of the Company for this Contract.

Contract: Refers to a written agreement executed by the City and Company for all or part of the Services.

Page 98 of 255 ends

Contract No. 2017001134
Vendor No. 121531
3 Deliverables: Refers to all tasks, reports, information, designs, plans, and other items that the Company is required to deliver to the City in connection with the Contract.

Documentation: Refers to all written, electronic, or recorded works that describe the use, functions, features, or purpose of the Deliverables or Services or any component thereof, and which are provided to the City by the Company or its subcontractors, including without limitation all end user manuals, training manuals, guides, program listings, data models, flow charts, and logic diagrams.

Environmentally Refers to Products that have a lesser or reduced effect on Preferable Products: human health and the environment when compared with competing Products that serves the same purpose. This
comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product.

Lead Public Agency: Refers to the City of Charlotte, North Carolina.

Master Agreement: Refers to the Agreement that is made available by the Lead Public Agency after the successful completion of the competitive solicitation and selection process, wherein Participating Public Agencies may utilize the agreement to purchase Products and Services.

Minority Business
Enterprise/MBE: Refers to a business enterprise that: (a) is certified by the State of North Carolina as a Historically Underutilized Business (HUB) within the meaning of N.C. Gen. Stat. § 143-128.4; (b) is at least fifty-one percent (51%) owned by one or more persons who are members of one of the following groups: African American or Black, Hispanic, Asian, Native American or American Indian; and (c) is headquartered in the Charlotte Combined Statistical Area.

MWSBE: Refers to SBEs, MBEs and WBEs, collectively.

Participating Public
Agency: Refers to all states, local governments, school districts, and higher education institutions in the United States of American, and other governmental agencies and nonprofit organizations that elect to purchase Products and Services under the Master Agreement.

Products: Refers to all Products that the Company agrees to provide to the City as part this Contract.

Services: Refers to the Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services as requested in this RFP.

Page 99 of 255 ends

Contract No. 2017001134
Vendor No. 121531
4 Specifications and Refers to all definitions, descriptions, requirements, criteria, Requirements: warranties, and performance standards relating to the Deliverables and Services that are set forth or referenced in: (i) this RFP, including any addenda; (ii) the Documentation; and (iii) any functional and/or technical specifications that are published or provided by the Company or its licensors or suppliers from time to time with respect to all or any part of the Deliverables or Services.

3. TERM. The initial term of this Contract will be for five (5) years from the Effective Date with an option to renew for two (2) additional two-year terms. This Contract may be extended only by a written amendment to the contract signed by both parties.

4. AGREEMENT TO PROVIDE PRODUCTS AND SERVICES.

4.1 The Company shall provide the Products and Services in accordance with the terms and conditions set forth in this Contract and the attached Exhibits when ordered from time to time by the City. Except as set forth Exhibit A, the prices set forth in Exhibit A constitute all charges payable by the City for the Products and Services, and all labor, materials, equipment, transportation, facilities, storage, information technology, permits, and licenses necessary for the Company to provide the Products and Services. The Company shall perform any Services for the City on site at the City’s facilities in Charlotte, North Carolina, except as otherwise stated in this Contract or agreed in writing by the City.

4.2 Placement of Orders: All orders will be placed by personnel designated by the City on an as needed basis for the quantity required at the time during the term of the Contract.

5. OPTIONAL PRODUCTS AND SERVICES: The City may in its discretion purchase from the Company optional Products and Services beyond what is called for in the Specifications, provided that such purchase does not create unfairness so as to defeat the purpose of the bid statutes, and provided the City is authorized by law to make such purchases without a formal bid process.

6. DOCUMENTATION: the Company will provide for all products purchased under this contract written or electronic documentation that is complete and accurate, and sufficient to enable City employees with ordinary skills and experience to utilize such products for the purpose for which the City is acquiring them.

7. COMPENSATION. The City shall pay the company for the products and services delivered in compliance with the specifications at the prices set forth in Exhibit A. This amount constitutes the maximum fees and charges payable to the company in the aggregate under this contract and will not be increased except by a written amendment duly executed by both parties in compliance with the price adjustment provisions set forth in Exhibit c.

The company shall not be entitled to charge the City any prices, fees or other amounts that are not listed in Exhibit A.

8. PRICE ADJUSTMENT.

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Contract No. 2017001134
Vendor No. 121531
5 8.1 The price(s) stated in this Contract shall remain firm through December 31, 2017.

Company may request price increases in writing, in accordance with the following terms:

8.1.1 Price increases shall only be allowed when justified in the City’s sole discretion based on legitimate, bona fide increases in the cost of materials.

No adjustment shall be made to compensate the Company for inefficiency in operation, increase in labor costs, or for additional profit.

8.1.2 To obtain approval for a price increase, the Company shall submit a written request at least sixty (60) days prior to each calendar year during the term of the contract. All requests must be submitted to the Procurement Management Division representative, at the address listed below, together with written documentation sufficient to demonstrate that the increase is necessary based on a legitimate increase in the cost of materials. The request must state and fully justify the proposed price increase per unit over the price originally proposed.

City of Charlotte
M&FS Finance Office / Procurement Management
600 East Fourth Street
Charlotte, NC 28202

8.1.3 No proposed price increase shall be valid unless accepted by the City in writing. The City may approve such price increase for the remaining term of the Contract or for a shorter specified period, in the City’s sole discretion. If the City rejects such price increase, the Company shall continue performance of the Contract.

8.1.4 If the City approves a price increase pursuant to this Section and the market factors justifying the increase shift so that the increase is no longer justified, the City shall have the right to terminate the price increase and revert back to the prices that were in effect immediately prior to the increase. The Company shall notify the City in writing if the market factors on which the City granted the increase change such that the City’s reasons for granting the increase longer apply.

8.2 If the Company's unit prices for any Products and/or Services should decrease, the Company shall provide the affected Products and/or Services at the lower discounted price. The Company will provide the City with prompt written notice of all decreases in unit prices.

8.3 If a Product becomes unavailable, or if a new Product becomes available, the Company promptly will send the City a proposed revised version of Exhibit A.

The City reserves the right to add or delete items to this Contract if particular items should become discontinued or an upgraded item becomes available to the industry market. Any new or replacement items added may be subject to bid statute requirements. The City may also delete radio and communication equipment items included in this Contract if items are no longer needed or no longer issued as part of radios and communication equipment. At no additional cost to the City, the Company may substitute any Product or Service to be provided by the Company, if the substitute meets or exceeds the Specifications, is compatible with the City’s operating environment and is of equivalent or better quality to the City. Any substitution will be reflected in a written signed change order.

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Contract No. 2017001134
Vendor No. 121531
6 9. BILLING. Each invoice sent by the Company shall include all reports, information and data required by this Contract (including the Exhibits) necessary to entitle the Company to the requested payment. The Company shall send one (1) copy only of each invoice using one of the following options:

Option 1 – E-mail one copy of each invoice to [email protected] . Company shall not mail invoices that have been sent via e-mail.

Option 2 – Mail one copy of each invoice to:

City of Charlotte Accounts Payable
PO Box 37979
Charlotte, NC 28237-7979
Attn: (Insert Department)
The City is not tax exempt from sales tax. The Company shall include all applicable State and County sales taxes on the invoice and not combined with the cost of the goods.

Payment of invoices shall be due within thirty (30) days after the City has received all of the following: (a) an accurate, properly submitted invoice, (b) all reports due for the month covered by the invoice; and (c) any other information reasonably requested by the City to verify the charges contained in the invoice. Invoices must include state and local sales tax.

10. CONTRACT MONITORING: The City shall have the right to audit the Company’s compliance with the terms and conditions of the Contract at such times as the City deems appropriate. Unless the City elects to terminate the Contract, the Company shall develop a written action plan to correct any Contract deficiency identified during these compliance audits, and shall submit such plan to the City within thirty (30) days of notification of noncompliance.

11. REPORTING: The Company shall provide such written reports of purchasing and expenditures as may be requested by the City from time to time, including without limitation any reports described in the Specifications.

12. AUDIT: During the term of the Contract and for a period of three (3) years after termination or expiration of this Contract for any reason, the City shall have the right to audit, either itself or through a third party, all books and records (including but not limited to the technical records) and facilities of the Company necessary to evaluate Company’s compliance with the terms and conditions of the Contract or the City’s payment obligations. The City shall pay its own expenses, relating to such audits, but shall not have to pay any expenses or additional costs of the Company. However, if non-compliance is found that would have cost the City in excess of $5,000 but for the audit, then the Company shall be required to reimburse the City for the cost of the audit.

13. GENERAL WARRANTIES. Company represents and warrants that:

13.1 It is a corporation duly incorporated, validly existing and in good standing under the laws of the state of Alabama, and is qualified to do business in North Carolina;

13.2 It has all the requisite corporate power and authority to execute, deliver and perform its obligations under this Contract;

13.3 The execution, delivery, and performance of this Contract have been duly authorized by Company;

Page 102 of 255 ends

Contract No. 2017001134
Vendor No. 121531
7 13.4 No approval, authorization or consent of any governmental or regulatory authority is required to be obtained or made by it in order for it to enter into and perform its obligations under this Contract;

13.5 In connection with its obligations under this Contract, it shall comply with all applicable federal, state and local laws and regulations and shall obtain all applicable permits and licenses; and

13.6 The Company shall not violate any agreement with any third party by entering into or performing this Contract.

14. ADDITIONAL REPRESENTATIONS AND WARRANTIES. Company represents warrants and covenants that:

14.1 The Products and Services shall comply with all requirements set forth in this Contract, including but not limited to the attached Exhibits;

14.2 All work performed by the Company and/or its subcontractors pursuant to this Contract shall meet industry accepted standards, and shall be performed in a professional and workmanlike manner by staff with the necessary skills, experience and knowledge;

14.3 Neither the Services, nor any Products provided by the Company under this Contract will infringe or misappropriate any patent, copyright, trademark or trade secret rights of any third party; and

14.4 The Company and each of its subcontractors have complied and shall comply in all material respects with all applicable federal, state and local laws, regulations and guidelines relating to the performance of this Contract or to the products and services delivered hereunder, including but not limited to E-Verify, and shall obtain all applicable verifications, permits, and licenses.

15. COMPLIANCE WITH LAWS: All Products and Services delivered under this Contract shall be in compliance with all applicable federal, state and local laws, regulations and ordinances. In performing the Contract, the Company shall obtain and maintain all licenses and permits, and comply with all federal, state and local laws, regulations and ordinances.

16. DELIVERY TIME: When delivery time is requested in the RFP, (whether in the form of a specific delivery date or maximum number of days for delivery) time is of the essence.

The Company’s Bid shall be deemed a binding commitment of the Company to meet the delivery time stated herein unless the Bid specifically takes exception. If such delivery time is not met, the City shall be entitled to terminate the Contract immediately for default and/or exercise any other remedies available at law or in equity.

17. QUALITY. Unless this Contract specifically states otherwise for a particular item, all components used to manufacture or construct any supplies, materials or equipment or Products provided under this Contract shall be: (a) new; (b) the latest model; (c) of the best quality and highest grade workmanship; and (d) in compliance with all applicable federal, state and local laws, regulations and requirements. By “new”, the City means that the item has been recently produced and has not been previously sold or used.

Whenever this Contract states that a Product or Service shall be in accordance with laws, ordinances, building codes, underwriter’s codes, applicable A.S.T.M. regulations or similar expressions, the requirements of such laws, ordinances, etc., shall be construed to be minimum requirements that are in addition to any other requirements that may be stated in this Contract.

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Contract No. 2017001134
Vendor No. 121531
8 18. DESIGN AND/OR MANUFACTURER REQUIREMENT: All Products and Services shall meet the Specifications set forth in Section 4 of the RFP.

19. INSPECTION AT COMPANY’S SITE: The City reserves the right to inspect the equipment, plant, store or other facilities of the Company during the Contract term from time to time as the City deems necessary to confirm that such equipment, plant, store or other facilities conform with the Specifications and are adequate and suitable for proper and effective performance of the Contract. Such inspections shall be conducted during normal business hours and upon at least three (3) days’ notice to the Company (except that a store may be inspected at any time during regular store hours without notice).

20. PREPARATION FOR DELIVERY:

20.1 Condition and Packaging. All containers/packaging shall be suitable for handling, storage or shipment, without damage to the contents. The Company shall make shipments using the minimum number of containers consistent with the requirements of safe transit, available mode of transportation routing. The Company will be responsible for confirming that packing is sufficient to assure that all the materials arrive at the correct destination in an undamaged condition ready for their intended use.

20.2 Marking. All cartons shall be clearly identified with the City purchase order number and the name of the department making the purchase. Packing lists must be affixed to each carton identifying all contents included in the carton. If more than one carton is shipped, each carton must be numbered and must state the number of that carton in relation to the total number of cartons shipped (i.e. 1 of 4, 2 of 4, etc).

20.3 Shipping. The Company shall follow all shipping instructions included in the ITB, the City’s purchase order or in the Contract.

21. ACCEPTANCE OF PRODUCTS/SERVICES: The Products delivered under this Contract shall remain the property of the Company until the City physically inspects, actually uses and accepts the Products. In the event Products provided to the City do not comply with the Contract, the City shall be entitled to terminate the Contract upon written notice to the Company and return such Products (and any related goods) to the Company at the Company’s expense. In the event the Services provided under this Contract do not comply with the Contract, the City reserves the right to cancel the Service and rescind any related purchase of products upon written notice to the Company. The remedies stated in this Section are in addition to and without limitation of any other remedies that the City may have under the Contract, at law or in equity.

22. GUARANTEE: Unless otherwise specified by the City, the Company unconditionally guarantees the materials and workmanship on all Products and Services. If, within the guarantee period any defects occur due to a faulty Product or Services (including without limitation a failure to comply with the Specifications), the Company at its expense, shall repair or adjust the condition, or replace the Product and/or Services to the complete satisfaction of the City. These repairs, replacements or adjustments shall be made only at such time as will be designated by the City to ensure the least impact to the operation of City business.

23. NO LIENS: All Products shall be delivered and shall remain free and clear of all liens and encumbrances.

24. MANUFACTURER OR DEALER ADVERTISEMENT: No manufacturer or dealer shall advertise on Products delivered to the City without prior approval by the City.

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9 25. RIGHT TO COVER: If the Company fails to comply with any term or condition of the Contract or the Company’s response to the ITB, the City may take any of the following actions with or without terminating the Contract, and in addition to and without limiting any other remedies it may have:
(A) Employ such means as it may deem advisable and appropriate to obtain the applicable Products and/or Services (or reasonable substitutes) from a third party; and
(B) Recover from the Company the difference between what the City paid for such Products and/or Services on the open market and the price of such Products and/or Services under the Contract or the Company’s response to the ITB.

26. RIGHT TO WITHHOLD PAYMENT: If Company breaches any provision of the Contract the City shall have the right to withhold all payments due to the Company until such breach has been fully cured.

27. OTHER REMEDIES: Upon breach of the Contract, each party may seek all legal and equitable remedies to which it is entitled. The remedies set forth herein shall be deemed cumulative and not exclusive and may be exercised successively or concurrently, in addition to any other available remedy.

28. TERMINATION.

29.1 TERMINATION WITHOUT CAUSE. The City may terminate this Contract at any time without cause by giving sixty (60) days written notice to the Company. The Company may terminate this Contract at any time without cause by giving one hundred and eighty (180) days written notice to the City.

29.2 TERMINATION FOR DEFAULT BY EITHER PARTY. By giving written notice to the other party, either party may terminate this Contract upon the occurrence of one or more of the following events:

29.2.1 The other party violates or fails to perform any covenant, provision, obligation, term or condition contained in this Contract, provided that, unless otherwise stated in this Contract, such failure or violation shall not be cause for termination if both of the following conditions are satisfied: (i) such default is reasonably susceptible to cure; and (ii) the other party cures such default within thirty (30) days of receipt of written notice of default from the non-defaulting party; or

29.2.2 The other party attempts to assign, terminate or cancel this Contract contrary to the terms hereof; or

29.2.3 The other party ceases to do business as a going concern, makes an assignment for the benefit of creditors, admits in writing its inability to pay debts as they become due, files a petition in bankruptcy or has an involuntary bankruptcy petition filed against it (except in connection with a reorganization under which the business of such party is continued and performance of all its obligations under this Contract shall continue), or if a receiver, trustee or liquidator is appointed for it or any substantial part of other party’s assets or properties.

Any notice of default pursuant to this Section shall identify and state the party’s intent to terminate this Contract if the default is not cured within the specified period.

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10 29.3 ADDITIONAL GROUNDS FOR DEFAULT TERMINATION BY THE CITY. By giving written notice to the Company, the City may also terminate this Contract upon the occurrence of one or more of the following events (which shall each constitute grounds for termination without a cure period and without the occurrence of any of the other events of default previously listed):

29.3.1 The Company makes or allows to be made any material written misrepresentation or provides any materially misleading written information in connection with this Contract, Company’s Bid, or any covenant, agreement, obligation, term or condition contained in this Contract; or

29.3.2 The Company takes or fails to take any action which constitutes grounds for immediate termination under the terms of this Contract, including but not limited to failure to obtain or maintain the insurance policies and endorsements as required by this Contract, or failure to provide the proof of insurance as required by this Contract.

29.4 NO EFFECT ON TAXES, FEES, CHARGES, OR REPORTS. Any termination of the Contract shall not relieve the Company of the obligation to pay any fees, taxes or other charges then due to the City, nor relieve the Company of the obligation to file any daily, monthly, quarterly or annual reports covering the period to termination nor relieve the Company from any claim for damages previously accrued or then accruing against the Company.

29.5 OBLIGATIONS UPON EXPIRATION OR TERMINATION. Upon expiration or termination of this Contract, the Company shall promptly (a) return to the City all computer programs, files, documentation, data, media, related material and any other recording devices, information, or compact discs that are owned by the City; (b) provide the City with sufficient data necessary to migrate to a new vendor, or allow the City or a new vendor access to the systems, software, infrastructure, or processes of the Company that are necessary to migrate to a new vendor; and (c) refund to the City all pre-paid sums for Products or Services that have been cancelled and will not be delivered.

29.6 NO SUSPENSION. In the event that the City disputes in good faith an allegation of default by the Company, notwithstanding anything to the contrary in this Contract, the Company agrees that it will not terminate this Contract or suspend or limit the delivery of Products or Services or any warranties or repossess, disable or render unusable any Software supplied by the Company, unless (i) the parties agree in writing, or (ii) an order of a court of competent jurisdiction determines otherwise.

29.7 AUTHORITY TO TERMINATE. The City Manager or their designee is authorized to terminate this Contract on behalf of the City.

29.8 TRANSITION SERVICES UPON TERMINATION. Upon termination or expiration of this Contract, the Company shall cooperate with the City to assist with the orderly transfer of the Products, Services, functions and operations provided by the Company hereunder to another provider or to the City as determined by the City in its sole discretion. The transition services that the Company shall perform if requested by the City include but are not limited to:

29.8.1 Working with the City to jointly develop a mutually agreed upon transition services plan to facilitate the termination of the Services; and

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11 29.8.2 Notifying all affected vendors and subcontractors of the Company of transition activities;

29.8.3 Performing the transition service plan activities;

29.8.4 Answering questions regarding the products and services on an as-needed basis; and

29.8.5 Providing such other reasonable services needed to effectuate an orderly transition to a new system.

29. NO DELAY DAMAGES: Under no circumstances shall the City be liable to the Company for any damages arising from delay, whether caused by the City or not.

30. MULTIPLE CONTRACT AWARDS. This Contract is not exclusive. The City reserves the right to award multiple contracts for the Products and Services required by this Contract if the City deems multiple Contracts to be in the City’s best interest.

31. RELATIONSHIP OF THE PARTIES. The relationship of the parties established by this Contract is solely that of independent contractors, and nothing contained in this Contract shall be construed to (i) give any party the power to direct or control the day-to-day activities of the other; (ii) constitute such parties as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking; (iii) make either party an agent of the other for any purpose whatsoever, or (iv) give either party the authority to act for, bind, or otherwise create or assume any obligation on behalf of the other. Nothing herein shall be deemed to eliminate any fiduciary duty on the part of the Company to the City that may arise under law or under the terms of this Contract.

32. INDEMNIFICATION: To the fullest extent permitted by law, the Company shall indemnify, defend and hold harmless each of the “Indemnitees” (as defined below) from and against any and all “Charges” (as defined below) paid or incurred any of them as a result of any claims, demands, lawsuits, actions, or proceedings: (i) alleging violation, misappropriation or infringement of any copyright, trademark, patent, trade secret or other proprietary rights with respect to the Work or any Products or deliverables provided to the City pursuant to this Contract (“Infringement Claims”); (ii) seeking payment for labor or materials purchased or supplied by the Company or its subcontractors in connection with this Contract; or (iii) arising from the Company’s failure to perform its obligations under this Contract, or from any act of negligence or willful misconduct by the Company or any of its agents, employees or subcontractors relating to this Contract, including but not limited to any liability caused by an accident or other occurrence resulting in bodily injury, death, sickness or disease to any person(s) or damage or destruction to any property, real or personal, tangible or intangible; or (iv) arising from a violation of any federal, state or local law, regulation or ordinance by the Company or any its subcontractors (including without limitation E-Verify or other immigration laws); or (v) arising from any claim that the Company or an employee or subcontractor of the Company is an employee of the City, including but not limited to claims relating to worker’s compensation, failure to withhold taxes and the like. For purposes of this Section: (a) the term “Indemnitees” means the City and each of the City’s officers, officials, employees, agents and independent contractors (excluding the Company); and (b) the term “Charges” means any and all losses, damages, costs, expenses (including reasonable attorneys’ fees), obligations, duties, fines, penalties, royalties, interest charges and other liabilities (including settlement amounts) or any other legal theory or principle, in connection with an Infringement Claim.

This indemnification requirement is not intended to cover, and the Company is not responsible for, any damages that result from lack of maintenance; inadequate supervision;

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12 negligence; intentional misconduct of anyone other than the Company, it’s subcontractors, or their affiliates; inadequate surfacing that was not provided by or recommended by the Company, its subcontractors, or their affiliates; or vandalism.

It is the intent of any insurance provided by Company to protect the Company and any subcontractor performing work under the Contract for
(1) Product liability Claims arising solely from the negligent design or manufacture of the Playground Equipment when such goods and services are provided by the Company, Company’s subcontractors, or their affiliates pursuant to this Contract; (2) Claims arising from any act of negligence or wilful misconduct by the Company or any of its agents, employees or subcontractors relating to this Contract, including but not limited to any liability caused by an accident or other occurrence resulting in bodily injury, death, sickness or disease to any person(s) or damage or destruction to any property, real or personal, tangible or intangible; and (3) Claims relating to worker’s compensation for any employee or subcontractor of the Company;
This clarifies and supersedes any other section of the Contract concerning indemnification that could be interpreted otherwise.

33. INSURANCE. Throughout the term of the Contract, the Company shall comply with the insurance requirements described in this Section. In the event the Company fails to procure and maintain each type of insurance required by this Section, or in the event the Company fails to provide the City with the required certificates of insurance, the City shall be entitled to terminate the Contract immediately upon written notice to the Company.

The Company agrees to purchase and maintain the following insurance coverage during the life of the Contract with an insurance company acceptable to the City of Charlotte, authorized to do business in the State of North Carolina:
(A) Automobile Liability: Bodily injury and property damage liability covering all owned, non-owned, and hired automobiles for limits of not less than $1,000,000 bodily injury each person, each accident; and, $1,000,000 property damage, or $1,000,000 combined single limit each occurrence/aggregate. (B) Commercial General Liability: Bodily injury and property damage liability as shall protect the Company and any subcontractor performing work under the Contract from claims of bodily injury or property damage which arise from performance of the Contract, whether such work is performed by the Company, any subcontractor or anyone directly or indirectly employed by either. The amounts of such insurance shall not be less than $1,000,000 bodily injury each occurrence/aggregate and $1,000,000 property damage each occurrence/aggregate or $1,000,000 bodily injury and property damage combined single limits each occurrence/aggregate. This insurance shall include coverage for products, services, completed operations, personal injury liability and contractual liability assumed under the indemnity provision of the Contract. (C) Workers’ Compensation: Meeting the statutory requirements of the State of North Carolina and Employers Liability - $100,000 per accident limit, $500,000 disease per policy limit, $100,000 disease each employee limit, providing coverage for employees and owners.

The City shall be named as additional insured during and until completion of the work under the commercial general liability insurance for operations or services rendered under

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13 this Contract. The Company’s insurance shall be primary of any self-funding and/or insurance otherwise carried by the City for all loss or damages arising from the Consultant’s operations under this agreement. The Company and each of its subcontractors shall and does waive all rights of subrogation against the City and each of the Indemnitees, as defined in Section 5.1.

The Company shall not commence any work in connection with the Contract until it has obtained all of the types of insurance set forth in this Form, and such insurance has been approved by the City. The Company shall not allow any subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and approved.

All insurance policies shall be with insurers qualified and doing business in North Carolina recognized by the Secretary of State and the Insurance Commissioner’s Office. The Company shall furnish the City with proof of insurance coverage by certificates of insurance accompanying the Contract.

All insurance certificates must include the City of Charlotte’s contract number in the description field.

The City shall be exempt from, and in no way liable for any sums of money that may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Company and/or subcontractor providing such insurance.

Since the playground and the play equipment will be in the care, custody, and control of the end user following installation, it is understood the Company cannot additionally insure the eventual owners of the equipment for any damages that result from:
1) lack of maintenance for which the Company or its subcontractors are not contractually obligated to perform, where such lack of maintenance is not as a result of instructions or manuals provided by the Company or its subcontractors ; 2) inadequate supervision;
3) Negligence (other than negligence of the Company or its subcontractors); 4) intentional acts of anyone other than the Company, its subcontractors or their affiliates;
5) inadequate surfacing that was not provided by or recommended by the Company, its subcontractors, or their affiliates; or
6) vandalism.

34. COMMERCIAL NON-DISCRIMINATION.

As a condition of entering into this Contract, the Company represents and warrants that it will fully comply with the City's Commercial Non-Discrimination Policy, as described in Section 2, Article V of the Charlotte City Code, and consents to be bound by the award of any arbitration conducted thereunder. As part of such compliance, the Company shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, age or disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors or suppliers in connection with a City contract or contract solicitation process, nor shall the Company retaliate against any person or entity for reporting instances of such discrimination. The Company shall provide equal opportunity for subcontractors, vendors and suppliers to participate in all of its subcontracting and supply opportunities on City contracts, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in the marketplace. The Company understands and agrees that a violation of this

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14 clause shall be considered a material breach of this Contract and may result in termination of this Contract, disqualification of the Company from participating in City contracts or other sanctions.

As a condition of entering into this Contract, the Company agrees to: (a) promptly provide to the City in a format specified by the City all information and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors in connection with this Contract; and (b) if requested, provide to the City within sixty days after the request a truthful and complete list of the names of all subcontractors, vendors, and suppliers that the Company has used on City contracts in the past five years, including the total dollar amount paid by the Company on each subcontract or supply contract. The Company further agrees to fully cooperate in any investigation conducted by the City pursuant to the City’s Non-Discrimination Policy, to provide any documents relevant to such investigation that are requested by the City, and to be bound by the award of any arbitration conducted under such Policy.

The Company agrees to provide to the City from time to time on the City’s request, payment affidavits detailing the amounts paid by the Company to subcontractors and suppliers in connection with this Contract within a certain period of time. Such affidavits shall be in the format specified by the City from time to time The Company understands and agrees that violation of this Commercial NonDiscrimination provision shall be considered a material breach of this Contract and may result in contract termination, disqualification of the Company from participating in City contracts and other sanctions.

35. COMPANY WILL NOT SELL OR DISCLOSE DATA. The Company will treat as confidential information all data provided by the City in connection with this agreement.

City data processed by the Company shall remain the exclusive property of the City. The Company will not reproduce, copy, duplicate, disclose, or in any way treat the data supplied by the City in any manner except that contemplated by this agreement.

36. WORK ON CITY’S PREMISES. The Company will ensure that its employees and agents shall, whenever on the City’s premises, obey all instructions and directions issued by the City’s project manager with respect to work on the City’s premises. The Company agrees that its personnel and the personnel of its subcontractors will comply with all rules, regulations and security procedures of the City when on the City’s premises.

37. BACKGROUND CHECKS: The Company agrees that it has conducted or will conduct background checks on all personnel who will be working at the Charlotte service facility or delivering Products or Services under the Contract. The Company will conduct such background checks prior to the personnel commencing work hereunder, whether as part of the Company’s standard pre-employment screening practices or otherwise. The Company will complete a background check on an annual basis for each person working at the Charlotte facility. Background check will include at a minimum:
a. Criminal records search,
b. Identification verification; and
c. Proof of authorization to work in the United States.

The Company agrees if any personnel does not meet the background qualifications, he/she shall not be assigned to perform services under this Contract. The Company will notify the City immediately if a background check reveals any conviction(s). If there is any question

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15 as to whether any personnel meets the background qualifications, prior to assignment of any Services under this Contract, the Company shall contact the City immediately.

38. DRUG-FREE WORKPLACE. The City is a drug-free workplace employer. The Company hereby certifies that it has or it will within thirty (30) days after execution of this Contract:

38.1 Notify employees that the unlawful manufacture, distribution, dispensation, possession, or use of controlled substance is prohibited in the workplace and specifying actions that will be taken for violations of such prohibition;

38.2 Establish a drug-free awareness program to inform employees about (i) the dangers of drug abuse in the workplace, (ii) the Company’s policy of maintaining a drug-free workplace, (iii) any available drug counseling, rehabilitation, and employee assistance programs, and (iv) the penalties that may be imposed upon employees for drug abuse violations;

38.3 Notify each employee that as a condition of employment, the employee will (i) abide by the terms of the prohibition outlines in (a) above, and (ii) notify the Company of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction;

38.4 Impose a sanction on, or requiring the satisfactory participation in a drug counseling, rehabilitation or abuse program by an employee convicted of a drug crime;

38.5 Make a good faith effort to continue to maintain a drug-free workplace for employees; and

38.6 Require any party to which it subcontracts any portion of the work under the contract to comply with the provisions of this Section.

A false certification or the failure to comply with the above drug-free workplace requirements during the performance of this Contract shall be ground for suspension, termination or debarment.

39. NOTICES. Any notice, consent or other communication required or contemplated by this Contract shall be in writing, and shall be delivered in person, by U.S. mail, by overnight courier, by electronic mail or by telefax to the intended recipient at the address set forth below. Notice shall be effective upon the date of receipt by the intended recipient; provided that any notice which is sent by telefax or electronic mail shall also be simultaneously sent by mail deposited with the U.S. Postal Service or by overnight courier.

Each party may change its address for notification purposes by giving the other party written notice of the new address and the date upon which it shall become effective.

Communications that relate to any breach, default, termination, delay in performance, prevention of performance, modification, extension, amendment, or waiver of any provision of this Contract shall be sent to:

For The Company: For The City:

Donald R. King Karen Ewing
PlayCore Wisconsin, Inc. d/b/a Gametime Procurement Management Division 150 Playcore Drive SE 600 East Fourth Street
Fort Payne, Alabama 35967 Charlotte, NC 28202
Phone: 423.648.5891 Phone: 704.336.2992
Fax: 423.648.5903 Fax: 704.632.8254
E-mail: [email protected] E-mail: [email protected]

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16 With Copy To: With Copy To:

Cindy White
Senior Assistant City Attorney
600 East Fourth Street
Charlotte, NC 28202
Phone: 704-336-3012
Fax: 704-336-8854
E-mail: [email protected]
All other notices shall be sent to the other party’s Project Manager at the most recent address provided in writing by the other party.

40. SUBCONTRACTING: The Company shall not subcontract any of its obligations under this Contract without the City’s prior written consent. In the event the City does consent in writing to a subcontracting arrangement, Company shall be the prime contractor and shall remain fully responsible for performance of all obligations which it is required to perform under this Contract. Any subcontract entered into by Company shall name the City as a third party beneficiary.

41. FORCE MAJEURE: Neither party shall be liable for any failure or delay in the performance of its obligations pursuant to the Contract, and such failure or delay shall not be deemed a default of the Contract or grounds for termination hereunder if all of the following conditions are satisfied:

If such failure or delay:

A. could not have been prevented by reasonable precaution; B. cannot reasonably be circumvented by the non-performing party through the use of alternate sources, work-around plans, or other means; and C. if, and to the extent, such failure or delay is caused, directly or indirectly, by fire, flood, earthquake, hurricane, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions or court order.

An event that satisfies all of the conditions set forth above shall be referred to as a “Force Majeure Event.” Upon the occurrence of a Force Majeure Event, the affected party shall be excused from any further performance of those of its obligations which are affected by the Force Majeure Event for as long as (a) such Force Majeure Event continues and (b) the affected party continues to use reasonable efforts to recommence performance whenever and to whatever extent possible without delay.

Upon the occurrence of a Force Majeure Event, the affected party shall promptly notify the other by telephone (to be confirmed by written notice within five (5) days of the inception of the failure or delay) of the occurrence of a Force Majeure Event and shall describe in reasonable detail the nature of the Force Majeure Event. If any Force Majeure Event prevents the Company from performing its obligations for more than fifteen (15) days, the City shall have the right to terminate the Contract by written notice to the Company.

Notwithstanding anything contained herein to the contrary, strikes, slow-downs, walkouts, lockouts, and industrial disputes of the Company or its subcontractors shall not constitute “Force Majeure Events” and are not excused under this provision. Nothing in the preceding Force Majeure provisions shall relieve the Company of any obligation it may have regarding disaster recovery, whether under the Contract or at law. 42 CONFIDENTIALITY.

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17 42.1 DEFINITIONS. As used in this Contract, The term “Confidential Information” shall mean any information, in any medium, whether written, oral or electronic, not generally known in the relevant trade or industry, that is obtained from the City or any of its suppliers, contractors or licensors which falls within any of the following general categories:

42.2 Trade secrets. For purposes of this Contract, trade secrets consist of information of the City or any of its suppliers, contractors or licensors: (a) that derives value from being secret; and (b) that the owner has taken reasonable steps to keep confidential. Examples of trade secrets include information relating to proprietary software, new technology, new products or services, flow charts or diagrams that show how things work, manuals that tell how things work and business processes and procedures.

42.3 Information of the City or its suppliers, contractors or licensors marked “Confidential” or “Proprietary.”

42.4 Information relating to criminal investigations conducted by the City, and records of criminal intelligence information compiled by the City.

42.5 Information contained in the City’s personnel files, as defined by N.C. Gen. Stat. 160A-168. This consists of all information gathered by the City about employees, except for that information which is a matter of public record under North Carolina law.

42.6 Citizen or employee social security numbers collected by the City.

42.7 Computer security information of the City, including all security features of electronic data processing, or information technology systems, telecommunications networks and electronic security systems. This encompasses but is not limited to passwords and security standards, procedures, processes, configurations, software and codes.

42.8 Local tax records of the City that contains information about a taxpayer’s income or receipts.

42.9 Any attorney / client privileged information disclosed by either party.

42.10 Any data collected from a person applying for financial or other types of assistance, including but not limited to their income, bank accounts, savings accounts, etc.

42.11 The name or address of individual home owners who, based on their income, have received a rehabilitation grant to repair their home.

42.12 Building plans of City-owned buildings or structures, as well as any detailed security plans.

42.13 Billing information of customers compiled and maintained in connection with the City providing utility services

42.14 Other information that is exempt from disclosure under the North Carolina public records laws.

Categories 42.1 through 42.13 above constitute “Highly Restricted Information,” as well as Confidential Information. The Company acknowledges that certain Highly Restricted Information is subject to legal restrictions beyond those imposed by this Contract, and agrees that: (a) all provisions in this Contract

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18 applicable to Confidential Information shall apply to Highly Restricted Information; and (b) the Company will also comply with any more restrictive instructions or written policies that may be provided by the City from time to time to protect the confidentiality of Highly Restricted Information.

The parties acknowledge that in addition to information disclosed or revealed after the date of this Contract, the Confidential Information shall include information disclosed or revealed within one year prior to the date of this Contract.

43. RESTRICTIONS. Company shall keep the Confidential Information in the strictest confidence, in the manner set forth below:

43.1 Company shall not copy, modify, enhance, compile or assemble (or reverse compile or disassemble), or reverse engineer Confidential Information, except as authorized by the City in writing.

43.2 Company shall not, directly or indirectly, disclose, divulge, reveal, report or transfer Confidential Information to any third party, other than an agent, subcontractor or vendor of the City or Company having a need to know such Confidential Information for purpose of performing work contemplated by written agreements between the City and the Company, and who has executed a confidentiality agreement incorporating substantially the form of this the Contract. Company shall not directly or indirectly, disclose, divulge, reveal, report or transfer Highly Restricted to any third party without the City’s prior written consent.

43.3 Company shall not use any Confidential Information for its own benefit or for the benefit of a third party, except to the extent such use is authorized by this Contract or other written agreements between the parties hereto, or is for the purpose for which such Confidential Information is being disclosed.

43.4 Company shall not remove any proprietary legends or notices, including copyright notices, appearing on or in the Confidential Information.

43.5 Company shall use reasonable efforts (including but not limited to seeking injunctive relief where reasonably necessary) to prohibit its employees, vendors, agents and subcontractors from using or disclosing the Confidential Information in a manner not permitted by this Contract.

43.6 In the event that any demand is made in litigation, arbitration or any other proceeding for disclosure of Confidential Information, Company shall assert this Contract as a ground for refusing the demand and, if necessary, shall seek a protective order or other appropriate relief to prevent or restrict and protect any disclosure of Confidential Information.

43.7 All materials which constitute, reveal or derive from Confidential Information shall be kept confidential to the extent disclosure of such materials would reveal Confidential Information, and unless otherwise agreed, all such materials shall be returned to the City or destroyed upon satisfaction of the purpose of the disclosure of such information.

43.8 Company shall restrict employee access to the Confidential Information to those employees having a need to know for purposes of their jobs.

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19 43.9 Company shall take reasonable measures to prevent the use or disclosure of Confidential Information by its employees in a manner not permitted by this Contract. The Company shall have each of its employees who will have access to the Confidential Information sign a confidentiality agreement which provides the City and its vendors, licensors, subcontractors, employees and taxpayers the same level of protection as provided by this Contract.

44. EXCEPTIONS. The City agrees that Company shall have no obligation with respect to any Confidential Information that the Company can establish:

44.1 Was already known to Company prior to being disclosed by the City;

44.2 Was or becomes publicly known through no wrongful act of Company;

44.3 Was rightfully obtained by Company from a third party without similar restriction and without breach hereof;

44.4 Was used or disclosed by Company with the prior written authorization of the City;

44.5 Was disclosed pursuant to the requirement or request of a governmental agency, which disclosure cannot be made in confidence, provided that, in such instance, Company shall first give to the City notice of such requirement or request;

44.6 Was disclosed pursuant to the order of a court of competent jurisdiction or a lawfully issued subpoena, provided that the Company shall take reasonable steps to obtain an agreement or protective order providing that this Contract will be applicable to all disclosures under the court order or subpoena.

45. MISCELLANEOUS

45.1 ENTIRE AGREEMENT. This Contract, including all Exhibits and Attachments constitute the entire agreement between the parties with respect to the subject matter herein. There are no other representations, understandings, or agreements between the parties with respect to such subject matter. This Contract supersedes all prior agreements, negotiations, representations and proposals, written or oral.

Notwithstanding the forgoing, the parties agree that the ITB and the Bid are relevant in resolving any ambiguities that may exist with respect to the language of this Contract

45.2 AMENDMENT. No amendment or change to this Contract shall be valid unless in writing and signed by the party against whom enforcement is sought. Amendments that involve or increase in the amounts payable by the City may require execution by a Department Director, the City Manager, or an Assistant City Manager; depending on the amount. Some increases may also require approval by City Council.

45.3 GOVERNING LAW AND JURISDICTION. North Carolina law shall govern the interpretation and enforcement of this Contract, and any other matters relating to this Contract (all without regard to North Carolina conflicts of law principles). All legal actions or other proceedings relating to this Contract shall be brought in a state or federal court sitting in Mecklenburg County, North Carolina. By execution of this Contract, the parties submit to the jurisdiction of such courts and hereby irrevocably waive any and all objections which they may have with respect to venue in any court sitting in Mecklenburg County, North Carolina.

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Contract No. 2017001134
Vendor No. 121531
20 45.4 BINDING NATURE AND ASSIGNMENT. This Contract shall bind the parties and their successors and permitted assigns. Neither party may assign this Contract without the prior written consent of the other. Any assignment attempted without the written consent of the other party shall be void. For purposes of this Section, a Change in Control, as defined in Section 42.8 constitutes an assignment.

45.5 SEVERABILITY. The invalidity of one or more of the phrases, sentences, clauses or sections contained in this Contract or the Exhibits shall not affect the validity of the remaining portion of this Contract or Exhibits so long as the material purposes of this Contract can be determined and effectuated. If any provision of this Contract or Exhibit is held to be unenforceable, then both parties shall be relieved of all obligations arising under such provision, but only to the extent that such provision is unenforceable, and this Contract shall be deemed amended by modifying such provision to the extent necessary to make it enforceable while preserving its intent.

45.6 NO PUBLICITY. No advertising, sales promotion or other materials of the Company or its agents or representations may identify or reference this Contract or the City in any manner without the prior written consent of the City.

Notwithstanding the forgoing, the parties agree that the Company may list the City as a reference in responses to requests for proposals, and may identify the City as a customer in presentations to potential customers.

45.7 WAIVER. No delay or omission by either party to exercise any right or power it has under this Contract shall impair or be construed as a waiver of such right or power. A waiver by either party of any covenant or breach of this Contract shall not constitute or operate as a waiver of any succeeding breach of that covenant or of any other covenant. No waiver of any provision of this Contract shall be effective unless in writing and signed by the party waiving the rights.

45.8 CHANGE IN CONTROL. In the event of a change in “Control” of the Company (as defined below), the City shall have the option of terminating this Contract by written notice to the Company. The Company shall notify the City within ten days of the occurrence of a change in control. As used in this Contract, the term “Control” shall mean the possession, direct or indirect, of either (i) the ownership of or ability to direct the voting of, as the case may be fifty-one percent (51%) or more of the equity interests, value or voting power in the Company or (ii) the power to direct or cause the direction of the management and policies of the Company whether through the ownership of voting securities, by contract or otherwise.

45.9 NO BRIBERY. The Company certifies that neither it, any of its affiliates or subcontractors, nor any employees of any of the forgoing has bribed or attempted to bribe an officer or employee of the City in connection with this Contract.

45.10 FAMILIARITY AND COMPLIANCE WITH LAWS AND ORDINANCES. The Company agrees to make itself aware of and comply with all local, state and federal ordinances, statutes, laws, rules and regulations applicable to the Services.

The Company further agrees that it will at all times during the term of this Contract be in compliance with all applicable federal, state and/or local laws regarding employment practices. Such laws will include, but shall not be limited to workers’ compensation, the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and all OSHA regulations applicable to the work.

Page 116 of 255 ends

Contract No. 2017001134
Vendor No. 121531
21 45.11 TAXES. The Company shall pay all applicable federal, state and local taxes which may be chargeable against the Products and/or Services.

45.12 SURVIVAL OF PROVISIONS: Those Sections of the Contract and the Exhibits, which by their nature would reasonably be expected to continue after the termination of the Contract shall survive the termination of the Contract, including but not limited to the following:

Section 3 “Term”
Section 4.3 “Employment Taxes and Employee Benefits”
Section 13 “General Warranties”
Section 14 “Additional Representations and Warranties”
Section 22 “Guarantee”
Section 28 “Other Remedies”
Section 29 “Termination”
Section 33 “Insurance”
Section 34 “Indemnification”
Section 39 “Notices”
Section 42 “Confidentiality”
Section 45 “Miscellaneous”

45.13 NON-APPROPRIATION OF FUNDS. If City Council does not appropriate the funding needed by the City to make payments under this Contract for a given fiscal year, the City will not be obligated to pay amounts due beyond the end of the last fiscal year for which funds were appropriated. In such event, the City will promptly notify the Company of the non-appropriation and this Contract will be terminated at the end of the last fiscal year for which funds were appropriated. No act or omission by the City, which is attributable to non-appropriation of funds shall constitute a breach of or default under this Contract.

45.14 E-VERIFY. Company shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, and shall require each of its subcontractors to do so as well.

45.15 IRAN DIVESTMENT ACT. Company certifies that: (i) it is not identified on the Final Divestment List or any other list of prohibited investments created by the NC State Treasurer pursuant to N.C.G.S. 147-86.58; (ii) it will not take any action causing it to appear on any such list during the term of this Contract; and (iii) it will not utilize any subcontractor that is identified on any such list to provide goods or services hereunder.

45.16 PRE-AUDIT. No pre-audit certificate is required under N.C. Gen. Stat. 159-28(a) because this Contract is for an indefinite quantity with no minimum purchase requirement. Notwithstanding anything contained herein to the contrary, this Contract does not require the City to purchase a single product or service, and a decision by the City to not make any purchase hereunder will violate neither this Contract nor any implied duty of good faith and fair dealing. The City has no financial obligation under this Contract absent the City’s execution of a valid and binding purchase order or contract addendum containing a pre-audit certificate.”

Page 117 of 255 ends

Contract No. 2017001134
Vendor No. 121531
22 45.17 UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Contract, the Company agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards contained in Title 2 C.F. R. § 200 et seq.

45.18 COUNTERPARTS.

This Contract may be executed in any number of counterparts, all of which taken together shall constitute one single agreement between the parties. [Signature Page Follows]

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Page 119 of 255 ends

Contract No. 2017001134
Vendor No. 121531
26 EXHIBIT C

NATIONAL NETWORK OF DISTRIBUTORS AND INSTALLERS
The following National Network of Distributors and Installers is an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the “Contract”) between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime.

Page 120 of 255 ends

WA
ND
ID
MT
WY
OR
SD
NE
IA
MN
IL
`
MI
MI
IN OH
KY
WV
N16 VA
NC
SC
MS AL
FL
AR
LA
OK
NM
N8
AZ
N8
NV
NJ
MD
DE
VT
NH
ME
N10
KS MO
UT
CO
DC
HI
WI
NM
AZ
TN
WV
RI
CT
VT
NH
ME
NY
GA
GameTime Sales Territories
PA
Marturano Recreation Co.

PO Box 106
Spring Lake, NJ 07762
Tel: (800) 922-0070
Fax: (732) 974-0226
No. CA
MA 150 PlayCore Drive SE
Ft Payne, AL 35967
(800) 633-2394
So. CA
Bitting Recreation, Inc.

PO Box 6445
Harrisburg, PA 17112-0445
Tel: (800) 248-8464
Fax: (717) 652-5826
Website: www.bittingrec.com

PA IA NE
ND SD
MRC-Pacific
1030-B Railroad Avenue
Novato, CA 94947
Tel: (415) 899-9996
Fax: (415) 899-9050
Website: www.gametimenorcal.com
No. CA
OR
Cunningham Recreation
PO Box 240981
Charlotte, NC 28224
Tel: (800) 438-2780
Fax: (704) 525-7356
Website: www.cunninghamrec.com

AR KS MO

NC OK SC
VA WV
J.A. Dawson & Co., Inc.

PO Box 1178
Pelham, AL 35124
Tel: (800) 221-8869
Fax: (205) 663-5012 AL
FL
MS
Dominica Recreation
Products, Inc.

PO Box 520700
Longwood, FL 32752-0700
Tel: (800) 432-0162
Fax: (407) 331-4720
Website: www.drpinc.com
FL
GA
TN
Great Western
Recreation
PO Box 97
Wellsville, UT 84339
Tel: (800) 453-2735
Fax: (435) 245-5057
Website: www.gwpark.com
CA ID
MT NV
UT WY

MA ME NJ

NY CT RI
VT NH
Minnesota/Wisconsin
Playground, Inc.

PO Box 27328
Golden Valley, MN 55427
Tel: (800) 622-5425
Fax: (763) 546-5050
Website: www.mnwiplay.com
MN
WI
David Williams & Associates, Inc.

PO Box 218
1010Harrison Avenue
Harrison, OH 45030
Tel: (800) 762-7936
Fax: (330) 821-4505
Website: www.davidwilliamsassociates.com
KY
OH
Cunningham Recreation
PO Box 487
Queenstown, MD 21658
Tel: (800) 233-0529
Fax: (410) 827-8855
Website: www.westrecreation.com
DE
MD
DC
SiteLines Park &
Playground Products
626 128th Street, S.W.

Suite 104-A
Everett, WA 98204
Tel: (800) 541-0869
Fax: (425) 347-3056
Website: www.sitelines.com
AK
WA
Sinclair Recreation
128 E. Lakewood Blvd
Suite 40
Holland, MI 49424
Tel: (800) 444-4954
Fax: (616) 392-8634
Website: www.sinclair-rec.com
MI
IN
Triple M Recreation
4638 East Shea Blvd.

Suite B-170
Phoenix, AZ 85028
Tel: (480) 315-9103
Fax: (480) 315-9991
Website: www.triplemrec.com
AZ CO
NM TX
Cunningham Recreation
2135 City Gate Lane, Suite 300
Naperville, IL 60563
Tel: (800) 942-1062
Fax: (630) 554-3750
Website: www.cunninghamrec.com
IL
Total Recreation Products
12022 C. Knigge C Rd, Suite C
Cypress, TX 77429
Tel: (800) 392-9909
Fax: (832) 237-3895 LA
TX
TX
IPR, Inc.
1481 South King Street
Suite 226
Honolulu, HI 96814
Tel: (808) 845-7788
Fax: 808) 952-5501
Website: www.innovativeplaygroundsandrecreation.com
HI
Cunningham Recreation
PO Box 240981
Charlotte, NC 28224
Tel: (800) 438-2780
Fax: (704) 525-7356
Website: www.cunninghamrec.com

Page 121 of 255 ends

3/12/2017
Sales Representative Agency Address - Website - Territory Telephone & Fax Bitting Recreation, Inc. P. O. Box 6445, Harrisburg, PA 17112 800-248-8464 Randy Bitting www.bittingrec.com 717-652-5826
W. PA
Cunningham Associates P. O. Box 240981 Charlotte, NC 28224 800-438-2780 Scott Cunningham www.cunninghamrec.com 704-525-7356
AR, DE, DC, IA, IL, KS, MD, MO, NE, NC, ND, OK, SC, SC, VA, W.

TN, WV
J. A. Dawson & Co., Inc. P. O. Box 1178 Pelham, AL 35124 800-221-8869 Craig Struthers www.jadawsonco.com 205-663-5058
AL, FL Panhandle, MS
Dominica Recreation Products, Inc. P. O. Box 520700 Longwood, FL 32752 800-432-0162 Rob Dominica www.playdrp.com 407-331-4720
FL (ex: Panhandle), GA, East/Central TN
Great Western Recreation, LLC P. O. Box 97 Wellsville, UT 84339 800-453-2735 Tyler Kyriopoulos www.gwpark.com 435-245-5057
Lewis Painter ID, MT, NV, UT, WY, S. CA
IPR 1481 S. King St., S-226, Honolulu, HI 96814 808-845-7788 Gideon Naiditch www.ipr-hawaii.com 808-952-5501
Ian Ross HI
Marturano Recreation Co., Inc. P. O. Box 106 Spring Lake, NJ 07762 800-992-0070 Jim Marturano www.mrcrec.com 732-974-0226
Brian Gates MA, ME, NJ, NY, CT, RI, VT, E. PA, NH, N. CA, OR Minnesota Wisconsin Playgrnd,Inc P. O. Box 27328 Golden Valley, MN 55427 800-622-5425 Harlan Lehman www.mnwiplay.com 763-546-5050
Ron Lehman MN, WI
Sinclair Recreation, LLC P. O. Box 1409 Holland, MI 49422 800-444-4954 Diane Sinclair www.sinclair-rec.com 616-392-8634
Rich Sinclair IN, MI
Sitelines Park & Playground 626 128th St., SW, S-104A, Everett, WA 98204 800-541-0869 Gary Max www.sitelines.com 425-750-7493
AK, WA
Total Recreation Products 17802 Grant Road, Cypress, TX 77429 800-392-9909 Bryan O'Conner www.totalrecreation.net 281-351-2493
Kelly O'Conner LA, TX
Triple M Recreation, Inc. 8700 E. Vista Bonita Dr., S-188, Scottsdale, AZ 85255 480-315-9103 Gene Everts www.triplemrec.com 480-315-1311
Patti Everts AZ, CO, NM, W. TX
David Williams & Associates P. O. Box 208, Harrison, OH 45030 800-762-7936 Bob Greiwe www.davidwilliamsassociates.com 330-821-4505 David Williams OH, KY

GAMETIME DOMESTIC SALES AGENCY CONTACT INFORMATION

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Barr, Patricia 1 3/8/2017 11:36 AM
b
Bitting - Bramble Landscapes, LLC. -
Bramble, Mark
586 Sterling Drive
Sarver, Pa. 16055
Bus: (724) 859-0958
Home: 2018
Mobile: (724) 859-0958
E-mail: [email protected]
Bitting - Playground Pros (Hartzell, Lowell)
154 N. Sheridan Road
Newmanstown, PA 17073
Bus: (610) 589-1769
Home: 2018
Mobile: (610) 413-9832
Bus Fax: (610) 589-1817
E-mail: [email protected]
c
Cunningham - Blueprint Construction, LLC
(Liles, Robbie S.)
5 Liles Woods LN
Garner, NC 27529
Bus: (919) 210-1589
Home: 2018
Bus Fax: (919) 779-9436
E-mail: [email protected]
Cunningham - Carlson Consulting and
Contracting
1150 Prospect Blvd.

Waterloo, Iowa 50701
Bus: (319) 234-8965
Home: 2016
Mobile: (319) 415-8365
Bus Fax: (319) 234-8965
E-mail: [email protected]
Cunningham - Cedar Creek Run
Construction - Stanley, Bill
24072 Zachery Taylor Hwy.

Culpeper, Va. 22701
Bus: (877) 640-9811 / (540) 364-9811
Home: 2016
Mobile: (703) 244-5991
Bus Fax: (540) 825-3445
E-mail: [email protected]
Cunningham - CLS Outdoor Services
112 Nivens Drive
P O Box 790
Atoka, TN 38004
Bus: (901) 428-8836
Home: 2018
Mobile: (901) 428-8836
Bus Fax: (901) 475-0015
E-mail: [email protected]
Cunningham - Custom Park Services
8019 E. Old Jessup Road
PO Box 1098
Jessup, MD 20794
Bus: (410) 799-7745 or 877-799-7745
Home: 2017
Mobile: (410) 365-0502
Bus Fax: (410) 579-1284
E-mail: [email protected]
Cunningham - Custom Playgrounds
9957 N. Alpine Road, Suite 100
Machesney Park, Il. 61115
Bus: (815) 708-8540
Home: 2016
Mobile: (815) 505-0500
Bus Fax: (779) 423-2033
E-mail: [email protected]
Cunningham - D C Install, LLC.
503 Niagara
E. Alton, Illinois 62024
Bus: (618) 531-0848
Home: 2017
Mobile: (618) 531-0848
Bus Fax: (618) 258-9007
E-mail: [email protected]
E-mail 2: [email protected]
Cunningham - D G Services, Inc. (Layne,
Kevin)
181 Springdale Acres Drive
Mooresville, NC 28115
Bus: 17047993878
Home: 2018
Mobile: 9802302946
Bus Fax: 7047993878
E-mail: [email protected]
Cunningham - Elanar Construction
Company
6620 W. Belmont Avenue
Chicago, IL 60634
Bus: (773) 628-7011
Home: 2018
Mobile: (773) 908-7629
Bus Fax: (773) 628-7041
E-mail: [email protected]
E-mail 2: [email protected]

Page 123 of 255 ends

Barr, Patricia 2 3/8/2017 11:36 AM
c
Cunningham - Fuertes Systems
Landscaping, Inc
15100 S. Indian Boundary Rd.

Plainfield, Il. 60544
Bus: (815) 725-2959
Home: 2016
Mobile: (847) 312-9393
Bus Fax: (815) 725-3165
E-mail: [email protected]
Cunningham - G.L. Stone and Son, Inc. -
Gilkerson, Leondis
24 First Street
Hamlin, WV. 25523
Bus: (304) 824-3800
Home: 2016
Mobile: (304) 208-4550
Bus Fax: (304) 824-3848
E-mail: [email protected]
Cunningham - Grass roots, Inc.
501 W. Central Avenue
Davidsonville, MD 21035
Bus: (410) 721-1093
Home: 2016
Mobile: (301) 785-5770
Bus Fax: (301) 858-1039
E-mail: [email protected]
Cunningham - Green-Up Landscape, Inc.
23940 Andrew Road
Plainfield, IL 60585
Bus: (815) 372-3000
Home: 2017
Mobile: (815) 693-1833
Bus Fax: (815) 372-3005
E-mail: [email protected]
Cunningham - Howard's General
Contracting
708 Knightswood Road
Fort Mill, S.C. 29708
Bus: (803) 802-1722
Home: 2017
Mobile: (803) 280-5630
E-mail: [email protected]
Cunningham - IDE Construction (Turner,
Michael)
18601 Green Street
Washington, NE 68068
Bus: (402) 510-0549
Home: 2018
E-mail: [email protected]
Cunningham - Jones & Sons Contracting
11409 Boltomley Road
Thurmont, MD 21788
Bus: (301) 898-3743
Home: 2011
Bus Fax: (301) 898-3743
E-mail: [email protected]
Cunningham - Kay Jay Construction, Inc.
300 S. Carlton Ave. #160
Wheaton, Il. 60187
Bus: (312) 388-3030
Home: 2016
Mobile: (312) 388-3030
E-mail: [email protected]
Cunningham - Kenneth Company, The
16W064 Jeans Road
Lemont, Il. 60439
Bus: (630) 679-2750
Home: 2016
Mobile: (630) 514-3632
Bus Fax: (630) 325-2780
E-mail: [email protected]
Cunningham - Massanelli Construction, Inc.
105 Bellaire Drive
Hot Springs, Arkansas 71901
Bus: (501) 318-7618
Home: 2016
Mobile: (501) 318-7618
Bus Fax: (501) 321-8083
E-mail: [email protected]
Cunningham - Monkebar Builders, L.L.C.
1214 Towanda Ave., Upper Level
Bloomington, IL 61701
Bus: (309) 829-9111
Home: 2016
Mobile: (309) 825-9111
Bus Fax: (309) 829-5555
E-mail: [email protected]
Cunningham - Moore Recreational
Products, Inc.

PO Box 472747
Charlotte, NC 28247
Bus: (704) 905-3665
Home: 2017
Mobile: (704) 905-3665
Bus Fax: (704) 643-1369
E-mail: [email protected]

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Barr, Patricia 3 3/8/2017 11:36 AM
c
Cunningham - Old South Building Corp -
Deeds, Rob
1622 Brandon Ave.

Petersburg, Va. 23805
Bus: (804) 307-9307
Home: 2016
Mobile: (804) 307-9307
Bus Fax: (804) 733-1110
E-mail: [email protected]
Cunningham - Ozark Mountain
Installations, Inc.
9706 Lawrence 2237
Monett, MO 65708
Bus: (417) 235-9475
Home: 2018
Mobile: (417) 235-9475
Bus Fax: (417) 236-0897
E-mail: [email protected]
Cunningham - ParkScape Solutions LLC
(Woods, Wayne O.)
8226C Hwy J
Black, MO 63625
Bus: (573) 269-4450
Home: 2017
Mobile: (573) 701-3294
E-mail: [email protected]
Cunningham - Play Structure Plus
364 East Main Street, Suite 172
Middletown, De. 19709
Bus: (302) 528-8791
Home: 2016
Mobile: (302) 528-8791
Bus Fax: (302) 378-0747
E-mail: [email protected]
Cunningham - Play-N-Scape, Inc.
190 Briarwod Drive
Crystal Lake, IL 60014
Bus: (815) 693-2769
Home: 2016
Mobile: (815) 459-6758
Bus Fax: (815) 459-5790
E-mail: [email protected]
Cunningham - Prestige Landscaping
Solutions - Mullins, Jason
5001 NW 10 Apt. 905
Oklahoma City, Ok. 73127
Bus: (405) 885-2015
Home: 2014
Mobile: (405) 820-8304
Bus Fax: (405) 849-2739
E-mail: [email protected]
Cunningham - Reese Construction Company
3720 Lucky Drive
Apex, N.C. 27539
Bus: (919) 329-5501
Home: 2017
Mobile: (919) 427-4685
Bus Fax: (919) 329-5503
E-mail: [email protected]
Cunningham - RJR Enterprises, Inc.
804 N 42nd Street
Rogers, AR 72756
Bus: (479) 936-1092
Mobile: (479) 621-3939
E-mail: [email protected]
Cunningham - Robert Kremers Construction
515 S. 86th Street
Omaha, NE 68114
Bus: (402) 658-3357
Home: 2017
Mobile: (402) 658-3357
Bus Fax: none
E-mail: [email protected]
Cunningham - Triad Property Services, Inc.
962 Wiley Lewis Road
Greensboro, NC 27406
Bus: (336) 378-1541
Home: 2017
Mobile: (336) 337-1930
Bus Fax: (336) 378-1541
E-mail: [email protected]
Cunningham - Woods Const. Serv.
8226B Hwy. J
Black, Mo. 63625
Bus: (573) 269-1113
Home: 2017
Mobile: (573) 701-3294
Bus Fax: (573) 269-1033
E-mail: [email protected]

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c
Cunningham - Zogg & Associates (Zogg,
Brent)
27610 90th Avenue
Donahue, IA 52746
Bus: (563) 210-2943
Home: 2018
E-mail: [email protected]
Cunningham -Hyde Construction (Hyde,
John)
1325 South Bates Avenue
Springfield, IL 62704
Bus: (217) 891-4618
Home: 2018
E-mail: [email protected]
d
Dawson, J. A.

P.O. Box 1178
Pelham, AL 35124
Bus: (205) 663-5058
Home: 2017
Mobile: (205) 368-4365
Bus Fax: (205) 663-5012
E-mail: [email protected]
Dominca - D.W. Recreation Services, Inc.
(West, Donald)
2500 NW 79th Ave. #258
Doral, FL 33122
Bus: (561) 433-4709
Home: 2017
Mobile: (561) 818-4819
E-mail: [email protected]
Dominica - John Fitzgerald, Inc.

P.O. Box 655
Sanford, FL 32772
412 Mattie St.

Sanford, FL 32773
Bus: (407) 323-8822
Home: 2018
Mobile: (407) 920-2256
Bus Fax: (407) 323-0999
E-mail: [email protected]
Dominica Recreation Products - Copponex
Group LLC (Copponex, Glen)
1478 Highway 124
Auburn, GA 30011
Bus: (770) 421-5252
Home: 2017
Mobile: (770) 846-2120
E-mail: [email protected]
Dominica Recreation Products - Outdoor
Construction
134 Stanley Court Sutie#E
Lawrenceville, GA 30046
Bus: (770) 995-8430 Toll Free 877-995-1100
Home: 2017
Mobile: (678) 234-7489
Bus Fax: (886) 536-5244
E-mail: [email protected]
E-mail 2: [email protected]
Dominica Recreation Products - Pelican
Playground Maintenance LLC (De
Armond, William)
Suite 202 Dept 213
Fort Myers, FL 33912
Bus: (239) 284-7335
Home: 2018
E-mail: [email protected]
g
Great West Park and Play - C S
Construction (Amick, Chris)
13049 Lynn Christi Ave
Bakersfield, CA 93314
Bus: (661) 978-9748
Home: 2017
E-mail: [email protected]
Great West Park and Play - California
Landscape & Design, Inc. (Kammerer,
Steve)
273 N. Benson Avenue
Upland, CA 91786
Bus: (909) 949-1601
Home: 2017
Mobile: (909) 215-7439
Bus Fax: (909) 981-9368
E-mail: [email protected]

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Barr, Patricia 5 3/8/2017 11:36 AM
g
Great West Park and Play - Childs Play
1852 Langley Ave
Irvine, CA 92614
Bus: (949) 252-1186
Home: 2017
Mobile: (714) 709-1782
E-mail: [email protected]
Great West Park and Play - Cicero
Engineering, Inc.
1372 E. Valencia Drive
Fullerton, Ca. 92831
Bus: (714) 871-2800
Home: 2017
Mobile: (562) 762-5147 Frank Cicero
Bus Fax: (714) 871-2801
E-mail: [email protected]
Great West Park and Play - Coastal Park
and Recreation - Lapp, Doug
3075 Falda Road
Atascadero, Ca. 93422
Bus: (805) 441-2952
Home: 2018
Mobile: (805) 441-2952
E-mail: [email protected]
Great West Park and Play - Distinctive
Exteriors, Inc. - Aikens, Phil
6625 South Valley View Blvd
Suite 212
Las Vegas, NV 89118
Bus: (702) 385-4555
Home: 2014
Mobile: (702) 286-7091
E-mail: [email protected]
Great West Park and Play - Evans
Recreation Installation, Inc.

P.O. Box 42607
Las Vegas, Nevada 89116
Bus: (702) 271-8170
Home: 2016
Mobile: (702) 271-8170
Bus Fax: (702) 926-9685
E-mail: [email protected]
Great West Park and Play - Evergreen
Environment, Inc. (Sandoval, Juan)
8609 Mission Blvd
Riverside, CA 92509
Bus: (951) 332-2218
Home: 2018
Mobile: (951) 337-1757
Bus Fax: (951) 332-2219
E-mail: [email protected]
Great West Park and Play - Fullmer
Brothers Landscape Maintenanc, Inc.
(Newbold, Craig)
1825 N. 1450 W
Lehi, Utah 84043
Bus: (801) 571-9899
Home: 2018
Mobile: (801) 671-6257
E-mail: [email protected]
Great West Park and Play - Garden Shop
Nursery Landscaping
1978 Frazier Avenue
Sparks, Nv. 89431
Bus: (775) 358-3080
Home: 2018
Mobile: (775) 221-0935
Bus Fax: (775) 358-3084
E-mail: [email protected]
Great West Park and Play - Great Western
Installations - Olson, Derek
Great Western Installations
PO Box 97
Wellsville, Ut. 84339
Bus: (800) 453-2735
Home: 2017
Mobile: Steve (435) 760-5100 / Derek (858) 337-9195
Bus Fax: (435) 245-5057
E-mail: [email protected]
Great West Park and Play - K.C. Equipment
413 S. Magnolia Ave.

El Cajon, CA 92020
Bus: (619) 443-9730
Home: 2013
Bus Fax: (619) 443-9729
E-mail: [email protected]
Great West Park and Play - Linnert Builders
1675 No. Shaffer St.

Orange, CA 92867
Bus: (714) 974-4393
Home: 2018
Mobile: (714) 606-4951
Bus Fax: (714) 974-4393
E-mail: [email protected]

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Great West Park and Play - Malibu Pacific
Tennis Courts, Inc.
31133 Via Colinas, Suite 107
Westlake Village, CA 91362
Bus: (818) 707-3797
Home: 2013
Mobile: (818) 991-7445
Bus Fax: (818) 706-1951
E-mail: [email protected]
Great West Park and Play - Play
Foundations, Inc. (Cox, jack)
1330 N. Melrosed Drive Suite F
Vista, CA 92083
Bus: 17602958645
Home: 2018
Mobile: 17604209689
Bus Fax: 17602958651
Great West Park and Play - PSI
1747 Colgate Drive
Thousand Oaks, CA 91360
Bus: (805) 494-3401
Home: 2018
Mobile: (818) 618-2333
Bus Fax: (805) 494-3343
E-mail: [email protected]
Great West Park and Play - Quality Time
Recreation
P.O. Box 471
Clearfield, Ut 84089
673 W. 1860 N.

Clinton, Ut. 84015
Bus: (801) 718-5367
Home: 2018
Mobile: (801) 718-5367
Bus Fax: (801) 728-3558
E-mail: [email protected]
Great West Park and Play - Rasco
Construction, Inc.
6588 West 10900 North
Highland, Utah 84043
Bus: (801) 360-1723
Home: 2018
Mobile: (801) 360-7123
Bus Fax: (801) 763-7664
E-mail: [email protected]
Great West Park and Play - Recreation
Installation
1321 N. Lewis Peak Drive
Ogden, Utah 84401
Bus: (801) 388-6980
Home: 2018
Bus Fax: (801) 393-2745
E-mail: [email protected]
Great West Park and Play - Zasueta
Contracting, Inc.

PO Box 866
Spring Valley, CA 91976
Bus: (619) 589-0609
Home: 2016
Mobile: (619) 843-4048
Bus Fax: (619) 697-6031
E-mail: [email protected]
Great West Park and Play -Unlimited
Engineering Contracting, Inc. (Carter,
Kevin)
950 Firestone Circle
Simi Valley, CA 93065
Bus: (805) 587-7514
Home: 2017
Mobile: (818) 652-6922
E-mail: [email protected]
i
IPR$ Hawaii
Sagum, Danielle
1481 S. King Street
Suite 226
Honolulu, HI 96814
Bus: (808) 952-7788
Home: 2017
Mobile: (808) 679-1113
E-mail: [email protected]
m
Marturano - A & H contracting
33 Eastwood Blvd.

Manalapan, N.J. 07726
Bus: (732) 972-0006
Home: 2015
Mobile: (732) 672-3236
Bus Fax: (732) 972-0555
E-mail: [email protected]

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Barr, Patricia 7 3/8/2017 11:36 AM
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Marturano - AAH Constuction Corp.
(Cinquemani, Led)
21-77 31st Street Suite 107
Astoria, NY 11105
Bus: (718) 267-1300
Home: 2018
Mobile: (917) 709-2021
Bus Fax: (718) 726-1474
E-mail: [email protected]
Marturano - Buzz Burger Incorporated
13 Twin Pine Way
Glen Mills, PA 19342
Bus: (610) 399-3035
Home: 2016
Mobile: (610) 304-9040
Bus Fax: +1 (610) 399-3375
E-mail: [email protected]
Marturano - California Playground Builders
1490 Norman Ave.

Santa Clara, Ca. 95054
Bus: (408) 748-1220 or (408) 314-3363
Home: 2013
Mobile: (408) 438-2141
Bus Fax: (408) 748-1128
E-mail: [email protected]
Marturano - Central Jersey Landscaping,
Inc.
523A Chesterfield-Arneytown Road
Chesterfield, N.J. 08515
Bus: (609) 298-2450
Home: 2016
Mobile: (609) 722-2082
Bus Fax: (609) 298-2436
E-mail: [email protected]
Marturano - CMJ Construction, Inc.
40 fenton way
Bangor, ME 04401
Bus: (603) 828-5225
Home: 2018
Mobile: (603) 828-5225
Bus Fax: (207) 942-5776
E-mail: [email protected]
Marturano - Community Playgrounds, Inc.
200 Commercial Street
Vallejo, Ca. 94589
Bus: (415) 892-8100
Home: 2017
Mobile: (415) 559-8883 / 415-725-8923
Bus Fax: (415) 892-3132
E-mail: [email protected]
Marturano - Currie Grove, LLC
300 Old Reading Pike
Bldg. 1, Suite 102
Stowe, Pa. 19464
Bus: (610) 970-8846
Home: 2017
Mobile: (610) 310-5926
Bus Fax: (610) 970-4719
E-mail: [email protected]
Marturano - Dakota Excavating Contractor,
Inc.
200 East Church St.

Bergenfield, NJ 07621
Bus: (201) 439-1000
Mobile: (201) 954-5301
Bus Fax: (201) 439-0444
E-mail: [email protected]
Marturano - G & G Builders
4542 Contractors Place
Livermore, Ca. 94551
Bus: (925) 846-9023
Home: 2017
Mobile: (925) 570-7606
Bus Fax: (925) 846-9152
E-mail: [email protected]
Marturano - Harris Fence Corp. (Harris,
Jim)
4492 Route 130
Burlington, NJ 08016
Bus: (609) 387-4050
Home: 2017
Mobile: (609) 517-7613
E-mail: [email protected]
Marturano - Horizon Concepts, Inc.
53 West Hills Road
Huntington Station, N.Y. 11746
Bus: (631) 271-1963
Home: 2016
Mobile: (516) 864-1522
Bus Fax: (631) 271-1975
E-mail: [email protected]
Marturano - Kamback Bros. LLC (Kamback,
Greg)
54 E. Lagoona Drive
Brick, NJ 08723
Bus: (732) 558-3868
Home: 2017
Mobile: (732) 558-3868
Bus Fax: (732) 477-0046
E-mail: [email protected]

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Barr, Patricia 8 3/8/2017 11:36 AM
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Marturano - Kel-Tech Construction, Inc. -
Kelleher, Vincent
12-11 Redfern Ave.

Queens, N.Y. 11691
Bus: (718) 383-3353
Home: 2017
Mobile: (917) 682-3988
Bus Fax: (718) 337-3360
E-mail: [email protected]
Marturano - Kidzzplay Installation Services
126 Covered Bridge Road
Warwick, N.Y. 10990
Bus: (800) 851-7748
Home: 2016
Mobile: (845) 742-1745
E-mail: [email protected]
Marturano - Lobo Construction Services,
Inc.
250 Orchard Road
East Patchoeve, NY 11772
Bus: (631) 286-6184
Home: 2018
Mobile: (516) 807-8462
Bus Fax: (631) 286-6194
E-mail: [email protected]
Marturano - M & M Site Improvement, Inc.
(Mcpherson, Robert)
53 Gladstone Road
New Rochelle, NY 10805
Bus: (917) 679-1012
Home: 2018
Bus Fax: (914) 813-8639
E-mail: [email protected]
Marturano - Marrs Playground Installation,
Co.
16860 Paula Road
Madem, Ca. 93636
P.O. Box 318
Friant, Ca. 93626
Bus: (559) 479-8490
Home: 2017
Mobile: (559) 930-1700
Bus Fax: (559) 479-8490
E-mail: [email protected]
Marturano - Pat Corsetti, Inc.
610 Fenimore Road
Mamaroneck, NY 10543
Bus: (914) 698-5024
Home: 2017
Mobile: (914) 403-4346
Bus Fax: (914) 698-6746
E-mail: [email protected]
Marturano - Performance Flooring Systems
(Melville, Garth)
289 Milton Road
Rye, NY 10580
Bus: (917) 930-1521
Home: 2018
Mobile: (917) 930-1521
E-mail: [email protected]
Marturano - Picerno-Giordano
Construction, LLC (Richard Picerno)
200 Market Street
Kenilworth, NJ 07033
Bus: (908) 241-4331
Home: 2017
Mobile: (908) 296-0505
Bus Fax: (908) 241-7854
E-mail: [email protected]
Marturano - Playgrounds Unlimited, Inc
980 Memorex Drive
Santa Clara, CA 95050
Bus: (408) 244-9848
Home: 2016
Mobile: (408) 639-4565
Bus Fax: (408) 330-9256
E-mail: [email protected]
Marturano - Rubberecycle, LLC. - Gates,
Brian
P.O. Box 106
Springlake, N.J. 07762
Bus: (800) 922-0070
Home: 2014
Mobile: (732) 433-6121
Bus Fax: (732) 947-0226
E-mail: [email protected]
Marturano - Scott Construction of
Rochester, Inc.
23 Wells Street
Rochester, NY 14611
Bus: (585) 370-6331
Home: 2018
Mobile: (585) 370-6331
Bus Fax: (585) 325-2893
E-mail: [email protected]

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Barr, Patricia 9 3/8/2017 11:36 AM
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Marturano - Shawn T. Gardner Builders
2882 Robert Court
Redding, CA 96002
Bus: (530) 222-2771
Home: 2015
Mobile: (530) 945-2041
Bus Fax: (530) 222-3269
E-mail: [email protected]
Marturano - Silagy Contracting, LLC.
614 Old Post Road
Edison, NJ 08817
P.O. Box 1096
Edison, N.J. 08817
Bus: (732) 287-5544
Home: 2018
Mobile: (732) 921-0780
Bus Fax: (732) 287-8978
E-mail: [email protected]
Marturano - TAJ Assoc
335 Clifton Ave,
Staten Island, NY 10305
Bus: (718) 415-4555
Home: 2018
Mobile: (917) 577-8274
Bus Fax: (718) 442-2567
E-mail: [email protected]
Marturano - Tec-Con Contractors, Inc.
9 Dodd Street
East Orange, NJ 07017
Bus: (973) 674-9191
Home: 2011
Bus Fax: (973) 674-2834
E-mail: [email protected]
Marturano - Titan Development, Inc.
8534 Seaman Rd
Gasport, NY 14067
Home: 2018
Mobile: (716) 913-5957
E-mail: [email protected]
Marturano - Whirl Construction
187 Main Street,
P.O. Box 110
Port Monmouth, NJ 07758
Bus: (732) 495-3715
Home: 2017
Mobile: (732) 496-5706
Bus Fax: (732) 495-6133
E-mail: [email protected]
Marturano - Who Built Creative Builders
80 Alta Dr.

Petaluma, CA 94954
P.O. Box 5207
Petaluma, CA 94955
Bus: (707) 763-6210
Home: 2017
Mobile: (707) 696-7734
Bus Fax: (707) 658-2513
E-mail: [email protected]
Minnesota&Wisc. - C.K.&C. Installation, Inc.
12735 - 274th Circle
Zimmerman, MN 55398
Bus: (763) 856-5293
Home: 2018
Mobile: (763) 244-0188
Bus Fax: (763) 856-0536
E-mail: [email protected]
Minnesota&Wisc. - Southern Coating
Systems
8960 205 St. West #432
Lakeville, MN 55044
Bus: (952) 469-3439
Bus Fax: (952) 469-3430
E-mail: [email protected]
s
Sinclair Recreation - G & C Contracting,
LLC. - Krohn, Geoff
16801 S. Mill Creek Rd.

Noblesville, In. 46062
Bus: (317) 694-4373
Home: 2016
Mobile: (317) 694-4373
Bus Fax: (317) 770-7482
E-mail: [email protected]
Sinclair Recreation - Michigan Recreational
Construction, Inc.

Sheffer, Craig A.

P.O. Box 2127
Brighton, MI 48116
1019Victory Drive
Howell, Mi. 48843
Bus: (517) 545-7122
Home: 2016
Mobile: (313) 806-8406
Bus Fax: (517) 545-7144
E-mail: [email protected]

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Barr, Patricia 10 3/8/2017 11:36 AM
s
Sinclair Recreation - Play Builders LLC
128 E. Lakewood Blvd
Suite 40 B
Holland, MI 49424
Bus: (616) 218-1053
Home: 2011
Mobile: (616) 218-1053
Bus Fax: (616) 994-0345
E-mail: [email protected]
Sinclair Recreation - Pro Installation Plus,
Inc.
60-B W.Terra Cotta Avenue #185
Crystal Lake, IL 60014
Bus: (815) 479-7220
Home: 2017
Bus Fax: (815) 479-7221
E-mail: [email protected]
Sinclair Recreation - Rent A Son
2294 S. Hickory Ridge Road
Milford, Mi. 48380-1920
Bus: (989) 233-3210
Home: 2018
Mobile: (989) 233-3210
E-mail: [email protected]
Sitelines - Cascade Mini Excavating, Inc.
1266 Bay Loop S.W.

Tumwater, Wa. 98512
Bus: (360) 556-3552
Home: 2018
Mobile: (360) 556-3544
E-mail: [email protected]
Sitelines - G.R. Morgan Construction
10536 S.W. 25th Avenue
Portland, OR 97219
Bus: (503) 452-4268
Home: 2018
Mobile: (503) 803-4802
Bus Fax: (503) 245-4872
E-mail: [email protected]
Sitelines - L.W. Sundstrom, Inc.

P.O. Box 893
Ravensdale, Wa. 98051
Bus: (206) 730-8901
Home: 2017
Mobile: (206) 730-8901
Bus Fax: (425) 413-2533
E-mail: [email protected]
Sitelines - Picture Perfect Playgrounds
Stoddard, Curtis
P.O. box 807
Ashton,ID 83420
Bus: (208) 652-3284
Home: 2016
Mobile: (208) 521-0161
Bus Fax: (208) 652-3285
E-mail: [email protected]
Sitelines - Precision Recreation
Contractors, Inc.
6821 S.E. Johnson Creek BLVD.

Portland, OR 97206
Bus: (503) 788-4002
Home: 2018
Mobile: (503) 572-8248
Bus Fax: (503) 788-4003
E-mail: [email protected]
Sitelines - Proexc, LLC (Kyllonen, James)
P.O. box 2803
Battleground, WA 98604
Bus: (360) 666-9276
Home: 2018
E-mail: [email protected]
Sitelines - Prosser & Sons
North 5544 Drumheller
Spokane, WA 99205-7509
Bus: (509) 326-4907
Home: 2015
Mobile: (509) 993-2840
Bus Fax: (509) 326-4907
E-mail: [email protected]
Sitelines - R & R Construction, Inc.

P.O. Box 10
Carbonado, WA 98323
Bus: (360) 829-2300
Home: 2018
Mobile: (253) 350-7449
Bus Fax: (360) 829-2700
E-mail: [email protected]
t
Total Recreation - Barcon Construction
143 EL Cerrito Circle
San Antonio, TX 78232
Bus: (210) 867-2278
Home: 2019
Mobile: (210) 867-2278
Bus Fax: (210) 867-9500
E-mail: [email protected]

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Barr, Patricia 11 3/8/2017 11:36 AM
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Total Recreation - Cross Country
3804 Simmons Creek Lane
Flower Mound, Tx. 75022-5495
Bus: (972) 355-8580
Home: 2018
Mobile: (972) 768-1713
Bus Fax: (972) 355-2902
E-mail: [email protected]
Total Recreation - Crosswinds Contracting,
Inc. (Les Shannon)
905 Sandy Beach Drive
Conroe, TX 77304
Bus: (936) 522-8522
Home: 2018
Mobile: (936) 522-8522
E-mail: [email protected]
Total Recreation - DecorCrete, Inc. -
Schaeffer, Charles
154 Oak Lane
Chatham, La. 71226
Bus: (318) 249-2016
Home: 2018
Mobile: (832) 202-9838
E-mail: [email protected]
Total Recreation - Indian Nations Ent -
Liles, Mike Garvin / Jeff
10252 Mustang Run
Forney, Tx. 75126
Bus: (214) 704-2115
Home: 2017
Mobile: (214) 704-2115
Bus Fax: (972) 564-5755
E-mail: [email protected]
Total Recreation - Majestic Playground
Services, LLC. Givens, Maury Scot
30274 White Egret Street
Denham Springs, La. 70726
Bus: (225) 667-3062
Home: 2017
Mobile: (225) 937-0791
Bus Fax: (225) 667-3035
E-mail: [email protected]
Total Recreation - Paradigm Contracting,
LLC. - Bergold, Helen
10719 Twilight Vista
Austin, Tx. 78736
Bus: (512) 300-3636
Home: 2017
Mobile: (512) 300-3636
Bus Fax: (512) 692-2947
E-mail: [email protected]
Total Recreation - Pro Playground
Installations, Inc - Schrock, Don
4 Wedgewood Blvd
Conroe, Tx. 77304
Bus: (936) 443-7235
Home: 2018
Mobile: (936) 443-7235
Bus Fax: (936) 441-3341
E-mail: [email protected]
Total Recreation - RGH Landscape, Inc.

P.O. Box 51376
Amarillo, TX 79159
Bus: (806) 358-4222
Home: 2016
Mobile: (806) 674-2810
Bus Fax: (806) 358-4222
E-mail: [email protected]
Total Recreation - Simmons Builders
General Contractor, Inc.
3804 Simmons Creek Lane
Flower Mound, TX 75022-5495
Bus: (972) 355-8580
Home: 2018
Mobile: (972) 768-1719
Bus Fax: (972) 355-2902
E-mail: [email protected]
E-mail 2: [email protected]
Total Recreation - Wade Contractors, Inc.
23024 Yupon
Porter, TX 77365
Bus: (281) 354-1934
Home: 2018
Mobile: (281) 435-8004
Bus Fax: (501) 204-4034
E-mail: Wade Contractors, Inc.

Triple M Recreation - Four Rivers, LLC. -
Leck, Kris
615 E. Walnut Street
Deming, NM. 88030
Bus: (575) 494-5788
Home: 2018
Mobile: (575) 494-5788
E-mail: [email protected]

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Barr, Patricia 12 3/8/2017 11:36 AM
t
Triple M Recreation - Hansen & Prezzano
Builders LLC
PO Box 359
Peralta, NM 87042
Bus: (505) 865-3900
Home: 2018
Mobile: (505) 228-1130
Bus Fax: (505) 865-3922
E-mail: [email protected]
Triple M Recreation - Premier Construction
Corporation
899 W. Daniel RD
San Tan Valley, AZ 85143
Bus: (520) 429-5245
Home: 2018
Mobile: (520) 429-5245
Bus Fax: (520) 529-1301
E-mail: [email protected]
Triple M Recreation - Progressive
Playgrounds, Inc.
12784 N. 3rd St.

Paskes, CO 80134
Bus: (303) 805-8992
Home: 2014
Mobile: (303) 324-7900
Bus Fax: (303) 805-8991
E-mail: [email protected]
Triple M Recreation - Triclops Services, LLC
720 Austin Ave. #200
Erie, Co. 80516
Bus: (720) 323-8845
Home: 2017
Mobile: (720) 323-8845
Bus Fax: (303) 833-4460
E-mail: [email protected]
w
WI Playground - Captured Live
12 Narhaniel Chrichlow Drive
Valsayn
Trinida
Bus: (868) 689-9896
Home: 2018
Mobile: (868) 689-9896
E-mail: [email protected]
Williams, David - C & W Construction
15743 Terramont NE
Minerva, Oh. 44657
Bus: (330) 495-8590
Home: 2017
Mobile: (330) 495-8590
Bus Fax: (330) 821-4505
E-mail: [email protected]
Williams, David - Playground Equipment
Services, LLC
8510 Coyhill Lane
Cincinnati, Ohio 45239
Bus: (513) 923-2333
Home: 2017
Mobile: (513) 236-6906
Bus Fax: (513) 923-2444
E-mail: [email protected]
Williams, David - Walter Schunk
Excavating & Trucking, Inc.

P.O. Box 56
Miamitown, OH 45041
Bus: (513) 353-4760
Home: 2017
Mobile: (513) 659-9702
Bus Fax: (513) 738-0684
E-mail: [email protected]

Page 134 of 255 ends

Contract No. 2017001134
Vendor No. 121531
27 EXHIBIT D

FREIGHT RATE SCHEDULES
The following Freight Rate Schedules are an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the “Contract”) between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime.

Page 135 of 255 ends

Hugh McRae Park,
Wilmington, NC
25 - Freight Rates

Page 136 of 255 ends

Contract No. 2017001134
Vendor No. 121531
28 EXHIBIT E

PRODUCT WARRANTIES
The following Product Warranties are an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the “Contract”) between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime.

Page 137 of 255 ends

GameTimeDivision
PlayCoreWisconsin, Inc.
150 PlayCoreDrive, S.E.

Fort Payne, Alabama 35967
Telephone:256/845-5610
3/16/2017 RFP 269-2017-028 Page 20.1
REQUEST FOR PROPOSAL 269-2017-028
SECTION 20 WARRANTY DIRECTORY
File
No. Provider

24.00 Warranty Directory

20.01 GameTime Playground Equipment

20.02 GTImpax

20.03 GTShade

20.04 BigToys (and EaryWorks-NatureRocks)

20.05 Colorado Time Systems MultiSport Scoreboards

20.06 Colorado Time Systems Timing Systems

20.07 Dero

20.08 Everlast

20.09 GT Grandstands

20.10 Harmony

20.11 NRS

20.12 Power Systems

20.13 Spectrum Aquatics

20.14 The Fountain People

20.15 UltraPlay

20.16 UltraSite - UlraShade - UltraShelter

20.17 Water Odyssey
Note: some warranties cover multiple product offerings

Page 138 of 255 ends

GTW160101 Page 1
150 PlayCore Drive, SE
Fort Payne, Alabama 35967
Telephone: 256/845-5610
Facsimile: 256/845-9361
Email: [email protected]
GAMETIME® WARRANTIES
GameTime provides warranties on all materials and workmanship for one year, excluding vandalism.

In addition, GameTime offers:

Lifetime limited warranty on PowerScape®, PrimeTime®, Xscape® & IONiX® uprights.

Lifetime limited warranty on all hardware.

Lifetime limited warranty on GameTime PowerScape Tru-Loc® connections.

Lifetime limited warranty on PrimeTime and Xscape bolt-through connections.

Fifteen-Year limited warranty on metal decks, pipes, rungs, rails and loops.

Fifteen-Year limited warranty on rotationally molded products.

Five-Year limited warranty on glass fiber reinforced concrete PlayWorx structures.

Five-Year limited warranty on glass fiber reinforced polymers Tuff Forms sculptures.

Twenty-Year limited warranty on Timber Décor™ & Timbers recycled plastic lumber.

Five-Year limited warranty on nylon-covered cable net climbers and components.

Ten-Year limited warranty on pressure-treated pine and redwood products.

Ten-Year limited warranty on Advanced, Elite & stationary Base Series posts & bars.

Ten-Year limited warranty on site furnishings.

Ten-Year limited warranty on integrated GTShade® products.

Ten-Year limited warranty on fiberglass and DHPL signage.

Five-Year limited warranty on Super Seats™.

Three-Year limited warranty on SaddleMates® rubber and “C”-springs.

One-Year limited warranty on all other GameTime products.

All warranties specifically exclude damage caused by vandalism; negligence, improper installation or improper use; changes in appearance resulting from weathering; scratches, dents or marring as a result of use. Warranties are valid only if products are installed and maintained in accordance with GameTime instructions and use approved parts.

Page 139 of 255 ends

FIFTEEN YEAR

LIMITED (PERFORMANCE) WARRANTY
Effective June 1, 2008
GameTime warrants the GT Impax Engineered Wood Fiber Surfacing installation to the original purchaser for a period of fifteen (15) years from date of installation. This limited warranty applies only to GT Impax Engineered Wood Fiber Surfacing that has been approved for installation.

Performance:

In the event the Materials do not conform or perform as expected, the Limited Warranty shall be limited to replacement of the defective Materials in question, and shall not include installation or consequential damages or refund. This Limited Warranty does not cover normal wear.

Conditions:

This Limited Warranty is conditional upon the Surfacing being properly installed and maintained by the purchaser in accordance with written instructions provided by GameTime.

What Is Covered?

1. GameTime warrants, to the original purchaser, that the GT Impax Engineered Wood Fiber surfacing system will meet ASTM F1292-04 at the specified critical height (8 ft. for an 8 in. depth of GT Impax Engineered Wood Fiber, 12 ft. for a 12 in. depth) for a period of fifteen (15) years from the date of installation, subject to the conditions and exclusions shown below.

2. GameTime warrants, to the original purchaser, that the GT Impax Engineered Wood Fiber Surfacing will be free from defects upon delivery, subject to the conditions and exclusions shown below.

If the GT Impax Engineered Wood Fiber surfacing is defective within the applicable warranty period, GameTime will, subject to the conditions set forth below, replace defective installation components at no charge within a reasonable period of time. Components used for replacement under this warranty are warranted for the remainder of the original warranty period. The replacement of defective components shall constitute the sole and exclusive remedy in the event of a breach of warranty.

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FIFTEEN YEAR

LIMITED (PERFORMANCE) WARRANTY

EXCLUSIONS
Incorrect installation, including insufficient drainage, failure to install all material delivered, failure to maintain the surface depth thereof, failure to use GT Impax wear mats in high use areas (swings, slides etc.), abnormal use, lack of or improper maintenance, acts of vandalism shall void this limited warranty and GT Impax shall have no responsibility with respect to damage resulting there from. In addition, changed impact attenuation characteristics created by sand or other materials tracked into the System are not covered by this Warranty as is acts of God, or any other cause beyond the control of GameTime will not be covered by this limited warranty.

NO REPRESENTATIVE OF THE SELLER HAS AUTHORITY TO MAKE ANY REPRESENTATIONS OR PROMISES EXCEPT AS STATED HEREIN.

THERE ARE NO WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED

WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT EXTEND BEYOND THE WARRANTIES CONTAINED IN THIS DOCUMENT. GAMETIME SHALL

NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES TO THE STRUCTURE OR ITS CONTENTS ARISING UNDER ANY THEORY OF LAW WHATSOEVER.

Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitations of incidental or consequential damages, so the above limitation or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights that vary from state to state.

Warrantor: GameTime
P.O. Box 680121, Fort Payne, AL 35968
800-235-2440
Order number:

Name of project:

Customer:

Location:

Date of installation:

Representative:

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WARRANTY
GT Impax Loose Shredded Rubber Surfacing is manufactured from recycled automobile and truck tires and is guaranteed to meet or exceed the ASTM Standard Specification for Impact Attenuation of Surface Systems Under and Around Playground Equipment Playground Surfacing Guidelines used by U.S. Consumer Products Safety Commission.

GameTime warrants GT Impax Loose Shredded Rubber Surfacing against total color loss for eight years from the purchase date and in turn warrants the impact attenuation performance of this product for the lifetime of ownership (not to exceed fifty years), subject to the conditions and exclusions listed below.

All product warranties are conditioned upon GT Impax Loose Shredded Rubber Surfacing being properly installed and maintained by the end-user in accordance with the installation and maintenance guidelines available from GameTime.

GameTime’s entire liability and the purchaser’s sole remedy, in the unlikely event that GT Impax Loose Shredded Rubber Surfacing does not conform to this guarantee, shall be limited to the replacement of defective material and shall not include the removal costs or installation costs or consequential damages or refund.

No other guarantee or warranty is expressed, written or implied except stated herein.

Vandalism, physical loss or any abnormal use shall void this warranty, and GameTime shall have no responsibility with respect to damage resulting there from. Additionally, this warranty shall be void if foreign materials that affect impact attenuation are deposited onto or into these products. Under no conditions shall GameTime be liable for any damages whatsoever arising from the use of or inability to use the aforementioned products, even if GameTime has been advised of the possibility of such loss.

Warrantor: GameTime
P.O. Box 680121, Fort Payne, AL 35968
800-235-2440
Order number:

Name of project:

Customer:

Location:

Date of Installation:

Representative:

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10 YEAR LIMITED WARRANTY
Playcore Inc. (the “Seller”) warrants that the GT Impax Interlocking Tile safety surfacing system will be free from defects in material and workmanship. The Seller further warrants that the GT Impax Interlocking Tile safety surfacing system complies with the requirements of the ASTM F1292 Standard specification for impact attenuation of surface system under playground equipment.

The Warranty Covers
x Surface wear due to ordinary abrasion from pedestrian traffic will not penetrate the wear course of the surface.
x The locking system, installing the tile according to manufacture’s specifications, will ensure that the surface will remain secure and functional.
x The product will comply with the requirements of ASTM F1292-04 at the height the manufacture rated the GT Impax Interlocking tile system at the time of purchase.

Duration of Warranty
x This is a 10 year limited warranty, prorated as outlined in the schedule shown below.

This warranty maybe transferred with the property.

Terms of Warranty
x Any segment of a GT Impax Interlocking Tile surface that meets the criteria will be repaired or replaced, at the Seller’s option and in conjunction with the warranty coverage schedule below.

Warranty Submittal Process
x A warranty claim should be made directly to the Seller. All claim submittals will require the following information. Please provide a description of the claim defect and the date the defect was discovered, a photographic image if image (if applicable) of the claim defect, the date of the original installation, the project name and your name, address and phone numbers. The Seller will provide notification of any additional information and physical evidence that may be required to process your claim.

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Warranty Coverage Schedule
x The Seller shall be responsible for the 100% of the cost of the repair or replacement of any product found to be defective or not in compliance with the warranty herein within the first six (6) years following the original shipment of the product. Where any product is found to be defective or not in compliance with the warranty herein more that six (6) years following the original shipment of the product, the Seller shall only be responsible for a portion of the cost of the repair or replacement of such products as follows ( and the buyer shall bear and pay the remaining portion of such cost):

Number of years from date of original Percentage of purchase price of product shipment to date of claim for which Seller is responsible 0-6……………………………………………………………………………………100%
More than 6, less than 7…………………………………………………………………………….. 60% More than 7, less than 8……………………………………………………………………………...40% More than 8, less than 9…………………………………………………………………………….. 30% More than 9, less than 10…………………………………..………………………………………...20% Warranty Exclusions
This warranty dose not cover:
x Product failure caused by accidents, misuse, natural disaster, vandalism, improper installation or maintenance and the like (see installation, care and maintenance instructions) x Color change caused by exposure to UV and/or normal abrasion from pedestrian traffic x Failure due to improper sub-surface preparation
x Resilient flooring may suffer visible damage as a result of extreme high forces (up to2000 pound per square inch).

Common contributors of this type of force include but are not limited to stiletto or high heels, as well as narrow tipped chair supports. GT Impax Interlocking Tile resilient surfacing is not designed to perform under such concentrated high pressure.

Playcore will not accept claims for damage caused by extreme high force.

Additional Consideration
The Seller’s liability is limited to the material and transportation cost of the repair or replacement of the product at the Seller’s option. The Seller shall be responsible for the installation cost and the cost of other work in connection with the repair and replacement only if such work was performed by Seller in the original installation. Where GT Impax Interlocking Tile are installed only in high traffic areas or installed in combination with other surfacing products not sold by the Seller, such GT Impax Interlocking Tiles are excluded from this warranty. x In the event of repair, replacement, or refinishing under this warranty, the warranty applicable to the replacement material or to the repaired or refinished product will extend only for the time remaining under the original warranty.
x The Seller reserves the right to discontinue or change any design or color of any product at any time and without notice or liability. If, for any reason, products of the type originally purchased are no longer available at the time a warranty claim is made, Seller may substitute another product determined by Seller to be of comparable quality and price.
x THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARITCULAR PURPOSE.
x Your exclusive remedy for any breach of warranty is as set forth in the warranty. This warranty gives you specific legal rights. You may have other rights which vary from state to state.

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POURED IN PLACE (PIP)

WARRANTY
Playground Equipment
GameTime warrants the GT Impax recycled poured rubber surface (referred to as PIP) installed and maintained in accordance to GameTime specifications, under this contract agreement for a period of five (5) years commencing from the date of substantial completion. This limited warranty shall provide for 100% of the cost for necessary repairs caused by the failure of the GT Impax PIP due to workmanship and materials only, and pertains only to the surfacing material agreed to under this contract.

Water Play Equipment
GameTime warrants the GT Impax recycled poured rubber surface (referred to as PIP) installed and maintained in accordance to GameTime specifications, under this contract agreement for a period of three (3) years commencing from the date of substantial completion. This limited warranty shall provide for 100% of the cost for necessary repairs caused by the failure of the GT Impax PIP due to workmanship and materials only, and pertains only to the surfacing material agreed to under this contract.

Water Play Equipment Only: If aliphatic binder is not used, poured rubber surfacing (PIP) will carry a maximum one-year (1) warranty.

This limited warranty includes GameTime’s obligation to only repair and/or replace any defective materials or workmanship in the surface area or surface areas that have failed during the warranty period. A failed area or failed areas include edge raveling, bubbling, delamination, peeling, and loss of integrity as a result of the GT Impax recycled poured rubber degradation. GameTime is under no obligation or responsibility to repair and/or replace the GT Impax recycled poured rubber “PIP” surface if damaged during the curing process (Unless specified in contract), damage by vandalism (including stains, cuts, burns, gouges, etc.), product misuse, abuse or alteration, improper slab or base or sub-base design or construction, improper drainage, improper or lack of specified required maintenance, any foreign residue that may be deposited on the surface, normal wear and tear (including slight color variations, and color fading), damage from sharp objects (high heels, spikes, etc.), problems caused by moisture, alkali, hydrostatic pressure, cracking, shifting, or lifting of the substrate, or acts of God.

All warranty claims shall be made in writing to GameTime within thirty (30) days after the Owner has knowledge thereof, but in no event later than thirty (30) days after expiration of the warranty period. The written notification from the Owner shall include the following: the date of the first notice of the failure, details of the failure, photos of the failed area and a request for a warranty claim meeting with GameTime at the installation site (if applicable). GameTime shall not be responsible for warranty claims for any notices received from the Owner after thirty (30) days of Owner’s first knowledge of the failure.
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Warranty
GameTime shall determine the validity of all claims after sufficient evidence has been gathered. GameTime shall then replace, repair or make a refund for any claims validated by it. Any refund, credit or allowance provided to the Owner on a warranty claim is exercisable only if said allowance is used to accommodate replacement with a GT Impax recycled poured rubber surface.

Any dispute as to whether and to what extent there is a GT Impax recycled poured rubber surfacing failure and a subsequent valid warranty claim within the meaning of this warranty shall be initially dealt with by joint investigation and discussion between GameTime and owner in order to achieve a mutually agreeable solution. If such a solution cannot be reached within thirty (30) days, then either the Owner of GameTime shall submit the matter to an arbitrator who is a member of the American Arbitration Association and who shall make a determination in accordance with the rules and regulation of said American Arbitration Association. The decision of said arbitrator shall be binding on both parties.

This limited warranty is exclusive of the underlying material (e.g. existing surface, existing or new asphalt, concrete, base, sub-base or sub-grade). If the underlying material fails for any reason whatsoever (including hydrostatic pressure, cracking, shifting, heaving), then GameTime warranty shall be rendered invalid. If the underlying material is concrete, a “curing agent” is NOT allowed, as it will probably cause delamination of the GT Impax recycled poured rubber.

Additionally, there is no warranty against surface cracking along expansion joints and underlying cracks, or separating from an adjacent border, curb or walkway. This limited warranty does not include discoloration as a result of ultraviolet rays, unapproved cleaning materials or vandalism. WARNING: Surface temperatures can prove dangerous under warm weather conditions. Shoes and/or socks must be worn during warm weather conditions.

Owner agrees that it will not, under any circumstances, make alterations to the GT Impax recycled poured rubber surface without the written authorization of GameTime. Any unauthorized alteration by the Owner shall result in the immediate termination of all warranties for the GT Impax recycled poured rubber surfacing and shall also give rise to the duty of the Owner to hold harmless, defend and indemnify GameTime from any claim, suit or cause of action, personal injury, death, or property damage arising out of or related to said alteration.

This limited warranty is expressly made in lieu of any other warranties and is exclusive to the original Owner. Owner acknowledges that the limited warranty will be voided if the Owner fails to follow the GameTime Maintenance Guidelines provided by GameTime. Owner agrees that in no event shall GameTime have any liability to Owner for loss of use or loss of profits or any form of consequential damages. NOTE: The following chemicals can cause potential damage to the GT Impax recycled poured rubber and should be avoided: disinfectants, concentrated bleach, gasoline, diesel, hydraulic and lubricating oils, weak acids and organic solvents.

If the contract price is not paid in a timely manner as per the terms and conditions of the agreed contract, the limited warranty is automatically voided. Any damages to the surface during the curing period will be repaired or paid for at the Owner’s expense. This limited warranty does not lessen or eliminate any other contractual obligation of Owner to GameTime.

Warrantor: GameTime
P. O. Box 680121, Fort Payne, AL 35968
800-235-2440
Order number:

Name of project:

Customer:

Location:

Date of installation:

Representative: Date
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Turf
Product Specification
PART 1 – GENERAL
Work Details:

Provide all labor, materials, equipment, and tools necessary for the complete installation of synthetic grass safety surface. The system shall consist of, but not necessarily be limited to, the following:

Synthetic Grass: consisting of fibers that are nominal 1 3/4 inch long. Turf fiber construction consisting of polyethylene monofilament and texturized polypropylene thatch tufted to a 2-layer stabilized woven polypropylene fabric (primary backing), with a secondary backing (stitch binder) of urethane or Duraflo. (GT Impax Turf ™ synthetic turf or equivalent).

Pad Underlayment System A: consisting of porous closed cell composite materials. Thickness and density of panels shall be sufficient so that system meets the fall height requirements. GT Impax Turf ™ Pad or equivalent.

Pad Underlayment System B: consisting of 50% recycled tire buffings / 50% recycled ¼” – ½” (inch) chunk rubber mixed with a urethane binder (min. 10%).

Synthetic Grass Infill: consisting of anti-microbial acrylic coated round silica particles, designed to provide the look, feel, and performance of optimally maintained natural grass. GT Impax Turf ™ Infill or equivalent.

Quality Assurance and Compliance Details:

Impact Attenuation – ASTM F1292-04: Impact attenuation test results will be provided to the owner or owner’s representative. These test results shall be certified and submitted on the letterhead of an independent testing lab. Impact attenuation test results shall meet or exceed Consumer Product Safety Commission Guidelines for impact attenuation (Gmax and Head Injury Criteria (HIC).

Accessibility of Surface Systems – ASTM F1951-08: All Playground surfacing products must pass testing to ensure wheelchair access under and around playground equipment as required by the American Disabilities Act.

Flammability of Finished Floor cover – ASTM D2859: Product shall meet requirements of ASTM D2859.

IPEMA Certification: Manufacturer must provide proof of certification. “In the interest of public playground safety, IPEMA provides an independent laboratory which validates a manufacturer’s certification of conformance to ASTM F1292-04. A list of current validated products, their thickness and critical heights may be viewed at www.ipema.org.”

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PART 1 – GENERAL (Continued)
Submittal Details:

General: Submit listed submittals in accordance with Conditions of the Contract and Submittal Procedures Section.

Product Data: Submit manufacturer’s product data and installation instructions.

Verification Samples: Submit manufacturer’s standard verification samples of 6" x 9" (153 mm x 229 mm) minimum.

Quality Assurance/Control Submittals: Submit the following:

Certificate of qualifications of the playground surfacing installer.

Closeout Submittals: Submit the following:

Warranty documents specified herein.

PART 2 – MATERIAL DATA:

Synthetic Grass: 1 ¾ inch GT Impax Turf ™ from Gametime or approved equal Face Weight:
x GT Impax Turf ™ 50 oz/sy
x GT Impax Turf ™ Elite 80 oz/sy
Face Yarn Type: Polyethylene
Yarn Size: 4200/9000
Pile Height:
x GT Impax Turf ™ 1 3/4 inches
x GT Impax Turf ™ Elite 1 3/4 inches
Color: Blend
Construction: Broadloom tufted
Stitch Rate: 8 per 3 inches
Tufting Gauge: 1/4”
Primary Backing: Stabilized woven Polypropylene (double thickness) Secondary Backing: 20 oz. Urethane or DuraFlo
Total Product Weight:
x GT Impax Turf ™ 69.7 oz/sy
x GT Impax Turf™ 99.7oz/sy
Finished Roll Width” 15 feet

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Apple Valley City CouncilNovember 12, 2024

Apple Valley City Council
November 12, 2024