Cities Index.
Agenda packet

Bell City Council
February 26, 2025

Document
Agenda packet
Meeting
February 26, 2025
Body
Bell City Council
Pages
888
Original file
1.3 MB
Text extracted from the city's file for reading and search. Open the original on portal.laserfiche.com. That file is the official record.

RFP #269-2017-028 Playground Equipment i

Checklist for submitting a Proposal:

Step 1- Read the document fully.

Step 2- If you plan on submitting a Proposal then fax Form 1 in Section 6 to the number listed on the sheet.

Steps 3- If you have any questions send them before the deadline listed in Section 3.3.

If you plan to submit a Proposal you must follow this checklist, and must include everything detailed below.

Proposal Copies - Please provide the specified number for each format 2 Copies marked “Original” in a sealed, non -transparent envelope that includes the Company name, the RFP number, and identification of the equipment, supply, and/or Services for which the Proposal is submitted.
10 Copies on flash drive.

Proposal Format - Proposals should be formatted as follows:

Included
(Check) Requirements
Cover Letter (per Section 5.1.1)
Executive Summary (per Section 5.1.2)
Addenda Acknowledgement Form (Section 6, Form 2)
Proposal Submission Form (Section 6, Form 3)
Fixed Percentage Discounts (Section 6, Form 4)
Complete Playground Designs (per Section 6, Form 4)
MWSBE Utilization (Section 6, Form 5)
Company’s Background Response ) Section 6, Form 6)
References (Section 6, Form 7)
Non-Discrimination Provision (Section 6, Form 8)
Environmental Purchasing Responses (Section 6, Form 9)
U.S. Communities Supplier Worksheet (Section 7)
U. S. Communities Supplier Information (Section 7)
U. S. Communities Administration Agreement – Signed, unaltered (Section 7) IPEMA Certification (per Section 4.2)
Proposer’s Complete Product & Services Price List (Per Section 4.19) ISO 9001 and 14001 Certification (per Section 4.2)
Exceptions to any part of the RFP (If you take any exceptions to anything in this document, please list it in a category in your Proposal called “Exceptions” and offer an alternative solution).

The above items constitute all that must be included in the Proposal. If awarded a contract , you will be required to provide an insurance certificate that meets or exceeds the requirements set forth in Exhibit A, Section 26.

It is the Company’s responsibility to check www.ips.state.nc.us or http://charlottenc.gov/DoingBusiness/Pages/ContractOpportunities.aspx for any addenda or changes to this Project. Search for RFP # 269-2017-028 to find if any documents or changes have been posted.

Page 361 ends

Table of Contents
RFP #269-2017-028 Playground Equipment ii

TABLE OF CONTENTS

1. U.S. COMMUNITIES OVERVIEW AND REQUIREMENTS ............................ 1

2. INTRODUCTION. .................................................................................................. 12

2.1 OBJECTIVE. ........................................................................................................ 12

2.2 DEFINITIONS. ..................................................................................................... 12

2.3 ACCURACY OF RFP AND RELATED DOCUMENTS. .............................................. 15

2.4 CITY’S RIGHTS AND OPTIONS. ........................................................................... 15

2.5 EXPENSE OF SUBMITTAL PREPARATION. ............................................................ 15

2.6 PROPOSAL CONDITIONS. .................................................................................... 16 3 PROCUREMENT PROCESS. ............................................................................... 20

3.1 SCHEDULE AND PROCESS. .................................................................................. 20

3.2 INTENT TO PROPOSE. .......................................................................................... 20

3.3 INTERPRETATIONS AND ADDENDA. .................................................................... 20

3.4 PRE-PROPOSAL CONFERENCE. ........................................................................... 21

3.5 SUBMISSION OF PROPOSALS. .............................................................................. 21

3.6 CORRECTION OF ERRORS. .................................................................................. 22

3.7 EVALUATION. .................................................................................................... 22

3.8 PROPOSAL EVALUATION CRITERIA. ................................................................... 22

3.9 QUALIFICATIONS AND EXPERIENCE ................................................................... 23

3.10 PROJECT APPROACH / PROPOSED SOLUTION. ..................................................... 23

3.11 COST EFFECTIVENESS AND VALUE. ................................................................... 23

3.12 MWSBE SUBCONTRACTOR UTILIZATION.......................................................... 23

3.13 ACCEPTANCE OF THE TERMS OF THE CONTRACT. .............................................. 24

3.14 CONTRACT AWARD BY CITY COUNCIL. ............................................................. 24

3.15 VENDOR INCLUSION. .......................................................................................... 24 4 SCOPE OF SERVICES. ......................................................................................... 25

4.1 GENERAL SCOPE. ............................................................................................... 25

4.2 PRODUCT STANDARDS AND GUIDELINES. .......................................................... 25

4.3 ENVIRONMENTAL PURCHASING REQUIREMENTS. .............................................. 26

4.4 NEW PRODUCTS AND SERVICES. ........................................................................ 26

4.5 REPLACEMENT PARTS. ....................................................................................... 26

4.6 SURFACING MATERIAL. ..................................................................................... 26

4.7 INSTALLATION. .................................................................................................. 26

4.8 DESIGN. ............................................................................................................. 27

4.9 PROJECT MANAGEMENT. ................................................................................... 27

4.10 SAFETY. ............................................................................................................. 27

4.11 LITERATURE AND CATALOGS. ............................................................................ 27

4.12 WARRANTY. ...................................................................................................... 27

4.13 LEAD TIME AND DELIVERY. ............................................................................... 27

4.14 OPTIONAL WORK. .............................................................................................. 28

4.15 MATERIAL SPECIFICATIONS. .............................................................................. 28

4.16 ADDITIONAL REQUIREMENTS. ........................................................................... 28

4.17 PERFORMANCE BOND. ....................................................................................... 28

Page 362 ends

Table of Contents
RFP #269-2017-028 Playground Equipment iii

4.18 REPORTS. ........................................................................................................... 28

4.19 PRICING. ............................................................................................................ 28 5 PROPOSAL CONTENT AND FORMAT. ........................................................... 31 6 REQUIRED FORMS.............................................................................................. 33 7 REQUIRED U.S. COMMUNITIES INFORMATION ....................................... 45 8 U.S. COMMUNITIES ADDITIONAL PROVISIONS ....................................... 66 EXHIBIT A SAMPLE CITY OF CHARLOTTE CONTRACT ........................... 99

Page 363 ends

Section 1
U.S. Communities Overview and Requirements

RFP #269-2017-028 Playground Equipment 1

1. U.S. COMMUNITIES OVERVIEW AND REQUIREMENTS

1.1 MASTER AGREEMENT
City of Charlotte (herein “Lead Public Agency”) 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”) is soliciting proposals from qualified suppliers to enter into a Master Agreement for a complete line of Playground Equipment, Outdoor Fitness Equipment , Site Accessories , Surfacing Mate rial, and Related Products and Services (herein “Products and Services”).

1.2 OBJECTIVES
A. Provide a comprehensive competitively solicited Master Agreement offering Products and Services to Participating Public Agencies; B. Establish the Master Agreement as a Sup plier’s primary offering to Participating Public Agencies;
C. Achieve cost savings for Suppliers and Participating Public Agencies through a single competitive solicitation process that eliminates the need for multiple proposals;
D. Combine the volumes of Parti cipating Public Agencies to achieve cost effective pricing;
E. Reduce the administrative and overhead costs of Suppliers and Participating Public Agencies through state of the art ordering and delivery systems; F. Provide Participating Public Agencies with environmentally responsible Products and Services.

1.3 GENERAL DEFINITION OF PRODUCTS AND/OR SERVICES
Proposers are expected to propose the broadest possible selection of Playground Equipment, Outdoor Fitness Equipment , Site Accessories , Surfacing Material, and Related Products and Services that they offer commercially . The intent of this solicitation is to provide Participating Public Agencies with turnkey solutions to meet their various needs. Therefore, the Suppliers should have demonstrated experience in providing and installing the Products and Services as defined in this RFP , including but not limited to the following categories:

1) Playground Equipment - A complete listing of all park and Playground Equipment, Outdoor Fitness Equipment (for all ages) including , but not limited to, themed systems, stand-alone activities, system components, and replacement parts available from the Company.
2) Outdoor Fitness Equipment – A complete listing of all Outdoor Fitness Equipment for all ages and levels including, but not limited to, challenge courses, strength building and resistance mechanisms, multigenerational fitness, optional precision timing systems , climbing walls, pool equipment, pool lifts, and pool timing systems.
3) Site Accessories - A complete listing of all S ite Accessories such as, but not limited to, benches, picnic tables, planters , bike racks, bike lockers, shelter and shade structures, bleachers, grandstands, scoreboards and other related Site Accessories available from the Company.

Page 364 ends

Section 1
U.S. Communities Overview and Requirements

RFP #269-2017-028 Playground Equipment 2

4) Surfacing Materials - A complete listing of all park and playground S urfacing Materials including but not limited to pour in place, rubber tiles, wood fiber, and recycled materials available from the Company.
5) Related Products – Additional products such as, water parks, skate parks, dog parks and any other related Products available from the Company. 6) Services - The complete listing of Services available from the Supplier such as, but not limited to, installation, design, layout, repair and/or maintenance, removal, disposal, project management and any other related S ervices to provide customer support.

1.4 U.S. COMMUNITIES BACKGROUND
U.S. Communities Government Purchasing Alliance (herein “U.S. Communities”) assists Participating Public Agencies to reduce the cost of purchased goods through strategic sourcing that combines the volumes and the purchasing power of public agencies nationwide. This is accomplished through an award of competitively solicited Contracts for high quality Products and Services by large and well recognized public agencies (herein “Lead Public Agencies”). The Contracts are provided for use by not only the respective Lead Public Agency, but also by other Participating Public Agencies.

1.4.1 National Sponsors
U.S. Communities is jointly sponsored by the National Association of Counties (NACo), the National League of Cities (NLC), the Association of School Business Officials International (ASBO), the United States Conference of Mayors (USCM) and the National Governors Association (NGA) (herein “National Sponsors”).

1.4.2 Advisory Board
The U.S. Communities Advisory Board is made up of key government purchasing officials from across the United States.

Each Advisory Board Member
is expected to actively participate in product
Proposals and selection, participate in policy direction, and share expertise and purchasing innovations.

Page 365 ends

Section 1
U.S. Communities Overview and Requirements

RFP #269-2017-028 Playground Equipment 3

Current U.S. Communities Advisory Board Members
Auburn University, AL Great Valley School District, PA
Beaverton School District, OR Harford County Public Schools, MD City and County of Denver, CO Hennepin County, MN
City of Chicago, IL Los Angeles County, CA
City of El Paso, TX Maricopa County, AZ
City of Houston, TX Miami-Dade County, FL
City of Kansas City, MO Nassau BOCES, NY
City of Los Angeles, CA North Carolina State University, NC City of Ocean City, NJ Onondaga County, NY
City of Seattle, WA Port of Portland, OR
Cobb County, GA Prince William County Schools, VA
Denver Public Schools, CO San Diego Unified School District, CA Emory University, GA State of Iowa, IA
Fairfax County, VA The School District of Collier County Fresno Unified School District, CA

1.4.3 Participating Public Agencies
Today more than 55,000 public agencies utilize U.S. Communities Contracts and suppliers to procure over $2.0 Billion Dollars in Products and Services annually. Each month more than 500 new public agencies register to participate. The continuing rapid growth of public agency participation is fueled by the program's proven track record of providing public agencies unparalleled value.

The Supplier(s) must communicate directly with any Participating Public Agency concerning the placement of orders, issuance of the purchase order, Contractual disputes, invoicing, and payment.

City of Charlotte, North Carolina is acting as "Contracting Agent" for the Participating Public Agencies and shall not be held liable for any costs, damages, expenses, fees, liabilities, etc. incurred by any other Participating Public Agency.

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. A copy of the MICPA is attached in Section 8.

1.4.4 Estimated Volume
The estimated dollar volume of Products and Services purchased under the proposed Master Agreement is $100 Million Dollars annually. This estimate is based on the anticipated volume of the Lead Public Agency, the U.S.

Communities Advisory Board members, and current sales within the U.S.

Communities program. While there is no minimum quantity of Products required to be purchased under the proposed Master Agreement, City of Charlotte and the U.S. Communities Advisory Board Members are committed

Page 366 ends

Section 1
U.S. Communities Overview and Requirements

RFP #269-2017-028 Playground Equipment 4

to utilizing the Master Agreement. The Advisory Board members shall determine if the Master Agreement is of value to their agency, and will promote the Master Agreement among other public agencies nationwide and internationally. The Advisory Board in 2015 purchased more than $160 Million Dollars of Products and Services from existing U.S. Communities Contracts.

1.4.5 Marketing Support
U. S. Communities provides marketing support for each Supplier’s Products through the following:
• National Sponsors as referenced above.
• State Associations of Counties, Schools and Municipal Leagues. • Administrative and marketing personnel that directly promote the U.S.

Communities Suppliers to Participating Public Agencies through public agency meetings, direct mail, email, online and print advertising, social media, articles, and exhibiting and pr esenting at national and local trade shows.
• U.S. Communities provides Suppliers government sales training, and a host of online marketing and sales management tools to effectively increase sales through U.S. Communities.

1.4.6 Multiple Awards
Multiple awards may be issued as a result of the solicitation. Multiple Awards will ensure that any ensuing Master Agreements fulfill current and future requirements of the diverse and large number of Participating Public Agencies.

The City of Charlotte reserves the right to award the Contract locally and/or nationally in the aggregate, by section, multiple award, primary, secondary, and tertiary, whichever is in the best interest of the City of Charlotte and Participating Public Agencies as a result of this solicitation.

1.4.7 Evaluation of Proposals
Proposals will be evaluated by the Lead Public Agency in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices.

U.S. Communities Advisory Board members and other Participating Public Agencies will assist the Lead Public Agency in evaluating proposals. The Supplier(s) that respond(s) affirmatively meets the requirements of this Request for Proposal and provides the best overall value will be eligible for a Contract award. U.S. Communities reserves the right to make available or not make available Master Agreements awarded by a Lead Public Agency to Participating Public Agencies.

Page 367 ends

Section 1
U.S. Communities Overview and Requirements

RFP #269-2017-028 Playground Equipment 5

SUPPLIER QUALIFICATIONS

1.5 SUPPLIERS

1.5.1 Commitments
U.S. Communities views the relationship with an awarded Supplier as an opportunity to provide maximum benefit to both the Participating Public Agencies and to the Supplier.

The successful foundation of the partnership requires commitments from both U.S. Communities and the Supplier. U.S. Communities requires the Supplier to make the four commitments set forth below (Corporate, Pricing, Economy, and Sales) to ensure that Supplier is providing the highest level of public benefit to Participating Public Agencies:
(a) Corporate Commitment.
(i) The pricing, terms and conditions of the Master Agreement shall, at all times, be Supplier’s primary Contractual offering of Products and Services to Public Agencies. All of Supplier’s direct and indirect marketing and sales efforts to Public Agencies shall demonstrate that the Master Agreement is Supplier’s primary offering and not just one of Supplier’s Contract options.

(ii) Supplier’s sales force (including inside, direct and/or authorized dealers, distributors and representatives) shall always present the Master Agreement when marketing Products or Services to Public Agencies. (iii) Supplier shall advise all Public Agencies that are existing customers of Supplier as to the pricing and other value offered through the Master Agreement.
(iv) Upon authorization by a Public Agency, Supplier shall transition such Public Agency to the pricing, terms and conditions of the Master Agreement.
(v) Supplier shall ensure that the U.S. Communities program and the Master Agreement are actively supported by Supplier’s senior executive management.
(vi) Supplier shall provide a national/senior management level representative with the authority and responsibility to ensure that the Supplier’s Commitments are maintained at all times. Supplier shall also designate a lead referral contact person who shall be responsible for receiving communications from U.S. Communities concerning new Participating Public Agency registrations and for ensuring timely follow- up by Supplier’s staff to requests for contact from Participating Public Agencies. Supplier shall also provide the personnel necessary to implement and support a supplier-based internet web page dedicated to Supplier’s U.S. Communities program and linked to U.S. Communities’ website and shall implement and support such web page.
(vii) Supplier shall demonstrate in its procurement solicitation response and throughout the term of the Master Agreement that

Page 368 ends

Section 1
U.S. Communities Overview and Requirements

RFP #269-2017-028 Playground Equipment 6

national/senior management fully supports the U.S. Communities program and its commitments and requirements. National/Senior management is defined as the executive(s) with Companywide authority. (viii) Where Supplier has an existing Contract for Products and Services with a state, Supplier shall notify the state of the Master Agreement and transition the state to the pricing, terms and conditions of the Master Agreement upon the state’s request. Regardless of whether the state decides to transition to the Master Agreement, Supplier shall primarily offer the Master Agreement to all Public Agencies located within the state.
(b) Pricing Commitment.
(i) Supplier represents to U.S. Communities that the pricing offered under the Master Agreement is the lowest overall available pricing (net to purchaser) on Products and Services that it offers to Public Agencies.

Supplier’s pricing shall be evaluated on either an overall project basis or the Public Agency’s actual usage for more frequently purchased Products and Services.
(ii) Contracts Offering Lower Prices. If a pre-existing Contract and/or a Public Agency’s unique buying pattern provide one or more Public Agencies a lower price than that offered under the Master Agreement, Supplier shall match that lower pricing under the Master Agreement and inform the eligible Public Agencies that the lower pricing is available under the Master Agreement. If an eligible Public Agency requests to be transitioned to the Master Agreement, Supplier shall do so and report the Public Agency’s purchases made under the Master Agreement going forward. The price match only applies to the eligible Public Agencies. Below are three examples of Supplier’s obligation to match the pricing under Supplier’s Contracts offering lower prices. (A) Supplier holds a state Contract with lower pricing that is available to all Public Agencies within the state.

Supplier would be required to match the lower state
pricing under the Master Agreement and make it
available to all Public Agencies within the state.
(B) Supplier holds a regional cooperative Contract with lower pricing that is available only to the ten cooperative members. Supplier would be required to match the lower
cooperative pricing under the Master Agreement and
make it available to the ten cooperative members.
(C) Supplier holds a Contract with an individual Public Agency. The Public Agency Contract does not contain
any cooperative language and therefore other Public
Agencies are not eligible to utilize the Contract. Supplier would be required to match the lower pricing under the

Page 369 ends

Section 1
U.S. Communities Overview and Requirements

RFP #269-2017-028 Playground Equipment 7

Master Agreement and make it available only to the
individual Public Agency.
(iii) Deviating Buying Patterns. Occasionally U.S. Communities and Supplier may interact with a Public Agency that has a buying pattern or terms and conditions that considerably deviate from the normal Public Agency buying pattern and terms and conditions, and causes Supplier’s pricing under the Master Agreement to be higher than an alternative Contract held by Supplier. This could be created by a unique end-user preference or requirements. In the event that this situation occurs, Supplier may address the issue by lowering the price under the Master Agreement on the item(s) causing the large deviation for that Public Agency. Supplier would not be required to lower the price for other Public Agencies.
(iv) Supplier’s Options in Responding to a Third Party Procurement Solicitation. While it is the objective of U.S. Communities to encourage Public Agencies to piggyback on to the Master Agreement rather than issue their own procurement solicitations, U.S. Communities recognizes that for various reasons some Public Agencies will issue their own solicitations. The following options are available to Supplier when responding to a Public Agency solicitation:
(A) Supplier may opt not to respond to the procurement
solicitation. Supplier may make the Master Agreement
available to the Public Agency as a comparison to its
solicitation responses.
(B) Supplier may respond with the pricing, terms and
conditions of the Master Agreement. If Supplier is
awarded the Contract, the sales would be reported as
sales under the Master Agreement.
(C) If competitive conditions require pricing lower than the standard Master Agreement pricing, Supplier may
submit lower pricing through the Master Agreement. If
Supplier is awarded the Contract, the sales would be
reported as sales under the Master Agreement. Supplier
would not be required to extend the lower price to other Public Agencies.
(D) Supplier may respond to the procurement solicitation with pricing that is higher (net to buyer) than the pricing offered under the Master Agreement. If awarded a
Contract, Supplier shall still be bound by all obligations set forth in this Section 3.3, including, without
limitation, the requirement to continue to advise the
awarding Public Agency of the pricing, terms and
conditions of the Master Agreement.

Page 370 ends

Section 1
U.S. Communities Overview and Requirements

RFP #269-2017-028 Playground Equipment 8

(E) Supplier may respond to the procurement solicitation with pricing that is higher (net to buyer) than the pricing offered under the Master Agreement and if an alternative response is permitted, Supplier may offer the pricing
under the Master Agreement as an alternative for
consideration.
(c) Economy Commitment. Supplier shall demonstrate the benefits, including the pricing advantage, of the Master Agreement over alternative options, including competitive solicitation pricing and shall proactively offer the terms and pricing under the Master Agreement to Public Agencies as a more effective alternative to the cost and time associated with such alternate Proposals and solicitations.

(d) Sales Commitment. Supplier shall market the Master Agreement through Supplier’s sales force or dealer network that is properly trained, engaged and committed to offering the Master Agreement as Supplier’s primary offering to Public Agencies. Supplier’s sales force compensation and incentives shall be greater than or equal to the compensation and incentives earned under other Contracts to Public Agencies.
(i) Supplier Sales . Supplier shall be responsible for proactive sales of Supplier’s Products and Services to Public Agencies and the timely follow-up to sales leads identified by U.S. Communities. Use of product listings, targeted advertising, direct mail, online marketing and other sales initiatives are encouraged. All of Supplier’s sales materials targeted towards Public Agencies shall include the U.S. Communities logo. U.S.

Communities hereby grants to Supplier, during the term of this Agreement, a non-exclusive, revocable, non-transferable, license to use the U.S. Communities name, trademark, and logo solely to perform its obligations under this Agreement, and for no other purpose. Any goodwill, rights, or benefits derived from Supplier's use of the U.S.

Communities name, trademark, or logo shall inure to the benefit of U.S.

Communities. U.S. Communities shall provide Supplier with its logo and the standards to be employed in the use of the logo. During the term of the Agreement, the Supplier shall provide U.S. Communities with its logo and the standards to be employed in the use of the logo for purposes of reproducing and using Supplier’s name and logo in connection with the advertising, marketing and promotion of the Master Agreement to Public Agencies. Supplier shall assist U.S. Communities by providing camera-ready logos and by participating in related trade shows and conferences. At a minimum, Supplier's sales initiatives shall communicate that (i) the Master Agreement was competitively solicited by the Lead Public Agency, (ii) the Master Agreement provides the Supplier’s best overall pricing and value to eligible agencies, (iii) there is no cost to Participating Public Agencies, and (iv) the Master Agreement is a non-exclusive Contract.

Page 371 ends

Section 1
U.S. Communities Overview and Requirements

RFP #269-2017-028 Playground Equipment 9

(ii) Branding and Logo Compliance . Supplier shall be responsible for complying with the U.S. Communities branding and logo standards and guidelines. Prior to use by Supplier, all U.S. Communities related marketing material must be submitted to U.S. Communities for review and approval.
(iii) Sales Force Training. Supplier shall train its national sales force on the Master Agreement and U.S. Communities program. U.S. Communities shall be available to train on a national, regional or local level and generally assist with the education of sales personnel. (iv) Participating Public Agency Access. Supplier shall establish the following communication links to facilitate customer access and communication:
(A) A dedicated U.S. Communities internet web- based
homepage that is accessible from Supplier’s homepage or main menu navigation containing:
(1) U.S. Communities standard logo with Founding Co-
Sponsors logos;
(2) Copy of original procureme nt solicitation;
(3) Copy of Master Agreement including any
amendments;
(4) Summary of Products and Services pricing;
(5) Electronic link to U.S. Communities’ online
registration page; and
(6) Other promotional material as requested by U.S.

Communities.
(B) A dedicated toll- free national hotline for inquiries regarding U.S. Communities.
(C) A dedicated email address for general inquiries in the following format: uscommunities@(name of supplier).com.

(v) Electronic Registration. Supplier shall be responsible for ensuring that each Public Agency has completed U.S. Communities’ online registration process prior to processing the Public Agency’s first sales order.

(vi) Supplier’s Performance Review. Upon request by U.S. Communities, Supplier shall participate in a performance review meeting with U.S.

Communities to evaluate Supplier’s performance of the covenants set forth in this Agreement.

(vii) Supplier Content. Supplier may, from time to time, provide certain graphics, media, and other content to U.S. Communities (collectively "Supplier Content") for use on U.S. Communities websites and for general marketing and publicity purposes. During the term of the Agreement, Supplier hereby grants to U.S. Communities and its affiliates a non-exclusive, worldwide, free, transferrable, license to reproduce, modify, distribute, publically perform, publically display, and use

Page 372 ends

Section 1
U.S. Communities Overview and Requirements

RFP #269-2017-028 Playground Equipment 10

Supplier Content in connection with U.S. Communities websites and for general marketing and publicity purposes, with the right to sublicense each and every such right. Supplier warrants that: (a) Supplier is the owner of or otherwise has the unrestricted right to grant the rights in and to Supplier Content as contemplated hereunder; and (b) the use of Supplier Content and any other materials or Services provided to U.S.

Communities as contemplated hereunder will not violate, infringe, or misappropriate the intellectual property rights or other rights of any third party.

1.6 U.S. COMMUNITIES ADMINISTRATION AGREEMENT INFORMATION

The Agreement outlines the Supplier’s general duties and responsibilities in implementing the U.S. Communities Contract.

The Supplier is required to execute the U.S. Communities Administration Agreement unaltered (included in Section Seven) and submit with the supplier’s proposal without exception or alteration. Failure to do so will result in disqualification.

Page 373 ends

Section 1
U.S. Communities Overview and Requirements

RFP #269-2017-028 Playground Equipment 11

New Supplier Implementation Checklist
Target
Completion
After Award

1. First Conference Call One Week
Initial Kick Off Call to discuss expectations
Set Contract Launch Date & Outline Kick Off Plan
Establish initial contact people & roles/responsibilities Supplier Log-In Credentials established
Set Agency Webinar Dates

2. Executed Legal Documents One Week
U.S. Communities Admin Agreement
Lead Public Agency agreement signed

3. Program Contact Requirements One Week
Supplier contacts communicated to U.S. Communities Staff Dedicated email
Dedicated toll free number

4. Second Conference Call Two Weeks
Establish Sales Training Webinar Dates
Complete Supplier Set Up Form
Complete User Account and User ID Form
Identify Dates for Senior Management Meeting
Review Contract Commitments

5. Marketing Kick Off Call Two Weeks
Overview of Marketing Requirements
Establish Timeline for Marketing Deliverables
Set Weekly Marketing Call
Discuss Agency Webinar Slides & Set Timeframe for Deliverables

6. Initial NAM & Staff Training Meetings Three Weeks
Discuss expectations, roles & responsibilities
Introduce and review web-based tools
Review process & expectations of Lead Referral contact with NAM & identified LRC

7. Senior Management Meeting Four Weeks
Implementation Process Progress Report
U.S. Communities & Vendor Organizational Overview
Supplier Manager to review & further discuss commitments

8. Review Top Joint Target Opportunities Five Weeks
Top 10 Local Contracts
Review top U.S. Communities PPA's

9. Web Development
Initiate E-Commerce Conversation Two Weeks
Product Upload to U.S. Communities site Five Weeks

10. Sales Training & Roll Out
Program Manager briefing - Coordinate with NAM Five Weeks Initial remote WebEx training for all sales - Coordinate with NAM Three Weeks Initiate contact with Advisory Board (AB) members Six Weeks Determine PM & Local Metro teams strategy sessions Six Weeks

11. Marketing – see marketing deliverables checklist as reviewed with marketing contact Eight Weeks

12. Agency Webinars Post Launch

Page 374 ends

Section 2
Introduction and General Information

RFP #269-2017-028 Playground Equipment 12

2. INTRODUCTION.

2.1 Objective.

The objective of this RFP is to solicit Proposals that will enable the City and Participating Public Agencies (“PPA”) to determine which Company and Proposed Solution will best meet the City’s needs for providing the Products and Services as requested in this RFP.

2.2 Definitions.

As used in this RFP, 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 the 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: During the solicitation process, refers to a company that has interest in providing the Services . After the solicitation process, refers to a company that has been selected by the City to provide the Services.

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

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

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

Page 375 ends

Section 2
Introduction and General Information

RFP #269-2017-028 Playground Equipment 13

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.

Evaluation Committee: Refers to a City and U.S. Communities appointed Committee that will evaluate Proposals and identify the Company(-ies) best meeting the needs o f the City and
Participating Public Agencies.

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.

MWSBE Goal: If an RFP or Contract has separate Subcontracting Goals for MBEs, WBEs, and/or SB Es, the term MWSBE is a
shorthand way to refer collectively to all MBE, WBE, and SBE Goals set for the RFP. In some instances, the City may set one combined goal for MBEs, WBEs, and/or SBEs, in
which event the term MWSBE Goal refers to that one,
combined g oal. In the latter instance, calculated as a percentage, the MWSBE Goal represents the total dollars spent with MBEs, WBEs, and SBEs as a portion of the total Proposal amount, including any contingency.

Participating Public
Agency: Refers to all states, lo cal 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.

Page 376 ends

Section 2
Introduction and General Information

RFP #269-2017-028 Playground Equipment 14

Post-Consumer Refers to material and by-Products which have served their Recycled Material: intended end-use by a consumer and have been recovered or diverted from solid waste. It does not include those materials and by-Products generated from, and commonly reused
within, an original manufacturing process.

Products: Refers to all Products that the Company agrees to provide to the City as part of its Proposal.

Proposal: Refers to the proposal submitted by a Company for the Products and Services as outlined in this RFP.

Recyclability: Refers to Products or materials that can be collected, separated or otherwise recovered from the solid waste stream for reuse, or used in the manufacture or assembly of another package or product, through an established recycling
program. For Pr oducts that are made of both recyclable and non-recyclable components, the recyclable claim should be adequately qualified to avoid consumer deception about
which portions or components are recyclable.

Recycled Material: Refers to material and by -Products which have been recovered or diverted from solid waste for the purpose of recycling. It does not include those materials and by-
Products generated from, and commonly reused within, an original manufacturing process.

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

Small Business Refers to a business enterprise that is certified by the City of Enterprise/SBE: Charlotte under Part E of the CBI Pol icy as meeting all of the requirements for SBE certification.

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.

Subcontracting Goals: Refers to the SBE, MBE, WBE, and MWSBE Goals established by the City for an RFP and resulting Contract.

Women Business Refers to a business enterprise that: (a) is certified by the Enterprise (WBE): 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 female; and (c) is
headquartered in the Charlotte Combined Statistical Area.

Page 377 ends

Section 2
Introduction and General Information

RFP #269-2017-028 Playground Equipment 15

Work Product: Refers to the Deliverables and all other programs, algorithms, reports, information, designs, plans and other items developed by the Company in connection with this
RFP, and all partial, intermediate or preliminar y versions of any of the foregoing.

2.3 Accuracy of RFP and Related Documents.

Each Company must independently evaluate all information provided by the City .

The City makes no representations or warranties regarding any information presented in this RFP, or otherwise made available during this procurement process , and assumes no responsibility for conclusions or interpretations derived from such information. In addition, the City will not be bound by or be res ponsible for any explanation or conclusions regardin g this RFP or any related documents other than those provided by an addendum issued by the City. Companies may not rely on any oral statement by the City or its agents, advisors, or consultants.

If a Company identifies potential errors or omissions in this RFP or any other related documents, the Company should immediately notify the City of such potential discrepancy in writing. The City may issue a written addendum if the City determines clarification necessary. Each Company requesting an interpretation wi ll be responsible for delivering such requests to the City 's designated representative as directed in this RFP Section 3.3.

2.4 City’s Rights and Options.

The City reserves the right, at the City ’s sole discretion, to take any action affecting this RFP, this RFP process, or the Services or facilities subject to this RFP that would be in the best interests of the City, including:

2.4.1 To supplement, amend, substitute , or otherwise modify this RFP, including the schedule, or to cancel this RFP, at any time;

2.4.2 To require any Companies to supplement or clarify its Proposal or provide additional information relating to its Proposals;

2.4.3 To investigat e the qualifications, experience, capabilities, and financial standing of each Company submitting a Proposal;

2.4.4 To waive any defect or irregularity in any Proposal received;

2.4.5 To reject any or all Proposals;

2.4.6 To share the Proposals with City employees and contractors in addition to the Evaluation Committee as deemed necessary by the City;

2.4.7 To award all, none, or any part of the Services and enter into Contracts with one or more of the responding Companies deemed by the City to be in the best interest of the City, which may be done with or without re-solicitation;

2.4.8 To discuss and negotiate with any Company(-ies) their Proposal terms and conditions, including but not limited to financial terms; and

2.4.9 To terminate discussions and negotiations with any Company at any time and for any reason.

2.5 Expense of Submittal Preparation.

Page 378 ends

Section 2
Introduction and General Information

RFP #269-2017-028 Playground Equipment 16

The City accepts no liability , and Companies will have no actionable cla ims, for reimbursement of any costs or expenses incurred in participating in this solicitation process. This includes expenses and costs related to Proposal submission, submission of written questions , attendance at pre -proposal meetings or evaluation interviews, contract negotiations, or activities required for contract execution.

2.6 Proposal Conditions.

The following terms are applicable to this RFP and the Company’s Proposal.

2.6.1 RFP Not An Offer.

This RFP does not constitute an offer by the City . No binding c ontract, obligation to negotiate, or any other obligation shall be created on the part of the City unless the City and the Company execute a Contract. No recommendations or conclusions from this RFP process concerning the Company shall constitute a right ( property or otherwise) under the Constitution of the United States or under the Constitution, case law, or statutory law of North Carolina.

2.6.2 Trade Secrets and Personal Identification Information /Confidentiality.

Upon receipt at the Procurement Management Division, all materials submitted by a Company (including the Proposal) are considered public records except for (1) material that qualifies as “trade secret” information under N.C. Gen. Stat. § 66 -152 et seq. (“Trade Secrets”) or (2) “ personal identification information” protected by state or federal law, to include, but not be limited to, social security numbers, bank account numbers, and driver’s license numbers (“Personal Identification Information” or “PII”) .

After the Proposal due date, the Evaluation Committee, other City staff, and members of the general public who submit public records requests may review the Proposal.

The public disclosure of the contents of a Proposal or other materials submitted by a Company is governed by N.C. Gen. Stat. §§ 132 and 66-152 et seq.. If any Proposal contains Trade Secrets or PII, such Trade Secrets and PII must be specifically and clearly identified in accordance with this Section

2.6.2. Any Trade Secrets or PII submitted by a Company must be clearly segregated from the rest of the Proposal. For hard copy Proposals, it must be submitted in a separate, sealed envelope, marked either “Personal Identification Information – Confidential” or “Trade Secret—Confidential and Proprietary Information.” For electronic submissions it must also be submitted on a separate CD or flash drive . In both hard copy or electronic format, the confidentiality caption stated above must appear on each page of the Trade Secret or PII materials.

By submitting a Proposal, each Company agrees that the City may reveal any Trade Secret materials and PII contained therein to all City staff and City officials involved in the selection process, and to any outside consultant or other third parties who serve on the Evaluation Committee or who are hired or appointed by the City to assist in the evaluation process.

Furthermore, each Company agrees to indemnify and hold harmless the City and each of its officers, employees, and agents from all costs, damages, and

Page 379 ends

Section 2
Introduction and General Information

RFP #269-2017-028 Playground Equipment 17

expenses incurred in connection with refusing to disclose any material that the Company has designated as a trade secret. The City may disqualify and Company that designates its entire Proposal as a trade secret , or any portion thereof that clearly does not qualify under applicable law as a Trade Secret.

2.6.3 Amendments to RFP.

If the City amends this RFP, addenda will be posted to the IPS and Charlotte NC websites at www.ips.state.nc.us, and
http://charlottenc.gov/DoingBusiness/Pages/ContractOpportunities.aspx RFP# 269-2017-028. Companies are required to acknowledge receipt of each addendum by including the Addenda Receipt Confirmation Form (Section 6, Form 2) with their Proposals.

2.6.4 Proposal Terms Firm and Irreversible.

The signed Proposal shall be considered a firm offer on the part of the Company. The City reserves the right to negotiate price and other terms. All Proposal elements (including all statements, claims, declarations, prices , and specifications) shall be considered firm and irrevocable for purposes of future Contract negotiations unless specifically waived in writing by the City.

The Company chosen for award should be prepared to have its Proposal and any relevant correspondence incorporated into the Contract, either in part or in its entirety, at the City's election.

2.6.5 Proposal Binding for 180 Days.

Section 6, Form 3 contains a statement to the effect that the Proposal is a firm offer for one-hundred-eighty (180) calendar day period from the date of the opening. This statement must be signed by an indivi dual authorized to bind the Company . All prices quoted shall be firm and fixed for the full Contract period. The City shall have the option to accept subject to exception by Contract.

2.6.6 Charlotte Business INClusion Program.

Pursuant to Charlotte City Council’s adoption of the Charlotte Business INClusion (CBI) Policy, the CBI program promotes diversity, inclusion, and local business opportunities in the City’s contracting and procurement process for Minority, Women, and Small Business Enterprises (MWSBEs) headquartered in the Charlotte Combined Statistical Area (CSA). The CBI Policy is posted at: www.charlottebusinessinclusion.com .

The City is committed to promoting opportunities for maximum participation of certified MWSBEs on City funded contracts at both the Prime and Subcontract level. For MWSBE participation to count towards a Goal, MWSBEs must meet both the certification and geographic requirements as detailed throughout this solicitation and in the CBI Policy.

2.6.7 Subcontracting.

The Company given contract award shall be the prime contractor and shall be solely responsible for contractual performance. In the event of a subcontracting relationship, the Company shall remain the prime contractor and will assume all responsibility for the performance of the Services that are supplied by all subcontractors. The City retains the right to approve all subcontractors.

Page 380 ends

Section 2
Introduction and General Information

RFP #269-2017-028 Playground Equipment 18

2.6.8 Equal Opportunity.

The City has an equal opportunity purchasing policy. The City seeks to ensure that all segments of the business community have access to supplying the goods and Services needed by City programs. The City provides equal opportunity for all businesses and does not discriminate against any Companies regardless of race, color, religion, age, sex, and national origin or disability.

2.6.9 Use of City’s Name.

No advertising, sales promotion, or other materials of the Company or its agents or representatives may identify or reference the City in any manner absent the prior written consent of the City.

2.6.10 Withdrawal for Modification of Proposals.

Companies may change or withdraw a previously -submitted Proposal at any time prior to the Proposal due date. Only formal written requests addressed in the same manner as the Proposal and received by the Ci ty prior to the Proposal due date will be accepted. The request must be in a sealed envelope that is plainly marked “ Modifications to Proposal .” No oral modifications will be allowed. If the Company complies with this Section, after the Proposal due date, the Proposal, will be withdrawn or corrected in accordance with the written request(s).

2.6.11 No Bribery.

In submitting a response to this RFP, each Company certifies that neither it, any of its affiliates or subcontractor s, nor any employees of any of the foregoing has bribed, or attempted to bribe, an officer or employee of the City in connection with the Contract.

2.6.12 Exceptions to the RFP.

Other than exceptions that are stated in compliance with this Section and Section 5.1.5, each Proposal shall be deemed to agr ee to comply with all terms, conditions, specifications, and requirements of this RFP including the Sample Contract language included in Exhibit A. An “exception” is defined as the Company’s inability or unwillingness to meet a term, condition, specification, or requirement in the manner specified in the RFP including the Sample Contract language included as Exhibit A . All exceptions taken must be identified and explained in writing in your Proposal and must specifically reference the relevant section(s) of this RFP. If the Company provides an alternate solution when taking an exception to a requirement, the benefits of this alternative solution and impact, if any, on any part of the remainder of the Company’s solution, must be described in detail.

2.6.13 Fair Trade Certifications.

By submitting a Proposal, the Company certifies that:
 The prices in its Proposal have been arrived at independently, without consultation, communication, or agreement with anyone, as to any matter relating to such prices for the purpose of restricting competition;  Unless otherwise required by law, the prices quoted in its Proposal have not been knowingly disclosed by the Company and will not knowingly be so disclosed prior to the Proposal due date; and

Page 381 ends

Section 2
Introduction and General Information

RFP #269-2017-028 Playground Equipment 19

 No attempt has been made or will be made by the Company to induce any other person or firm to submit or not to submit a Proposal for the purpose of restricting competition.

2.6.14 Companies’ Obligation to Fully Inform Themselves.

Companies or their authorized representatives must fully inform themselves as to all conditions, requirements , and specifications of this RFP before submitting Proposals. Failure to do so will be at the Company’s own risk.

2.6.15 Environmentally Preferable Purchasing.

The City promotes the practice of Environmentally Preferable Pu rchasing (EPP) in acquiring Products or Services. Applicable EPP attributes that may be taken into consideration as environmental criterion include the following:

Recycled content Recyclability
Post-Consumer Recycled Material Biodegradability

Companies able to supply Products or Services containing any of the applicable environmentally preferable attributes that meet performance requirements are encouraged to offer them in the Proposal. Companies must provide certification of environmental standards and other environmental claims, such as recycled content and emissions data or a formal statement signed by a senior company official.

Page 382 ends

Section 3
Procurement Process

RFP #269-2017-028 Playground Equipment 20

3 PROCUREMENT PROCESS.

This Section 3 contains information about the procurement process for this Project.

3.1 Schedule and Process.

The following chart shows the schedule of events for the conduct of this RFP . The key events and deadlines for this process are as follows, some of which are set forth in more detail in the Sections that follow:

DATE EVENT
JANURARY 25,
2017
Issuance of RFP. The City issues this RFP.

FEBRUARY 1,
2017
Request for Proposals Acknowledgement. Companies that
intend to submit a Proposal shall submit the RFP
Acknowledgement Form on this date to the email or fax number listed in Section 3.3.

FEBRUARY 3,
2017
Submission of Written Questions Prior to Pre -Proposal Conference. Companies are permitted to submit written
questions, for purposes of clarifying this RFP. All
submissions must be pursuant to the instructions in Section

3.3 by 5:00 p.m.

FEBRUARY 7,
2017
Non-Mandatory Pre-Proposal Conference to be held at the location indicated in Section 3.4 at 10:00 a.m.

FEBRUARY 15,
2017
Submission of Written Questions After the Pre -Proposal Conference. Questions are due by 5:00 p.m.

MARCH 16, 2017 Proposal Submission. Proposals are due by 2:00 p.m. at the Procurement Management Division, CMGC 9th Floor.

MARCH 20, 2017-
APRIL 13, 2017
Evaluation. The Evaluation Committee will assess each
Proposal and conduct evaluation activities with Companies.

MAY 9, 2017 Contract Award by Charlotte City Council.

JULY 1, 2017 Services commence. Company begins providing the Services.

3.2 Intent to Propose.

Please acknowledge receipt of this RFP via facsimile by FEBRUARY 1 , 2017 using the Request for Proposals Acknowledgement Form located in Section 6, Form 1.

Complete the form in its entirety advising the City of your firm’s intention to submit or not submit a Proposal. Fax or email a copy of the completed and signed form to the number or email address listed in paragraph 3.3 below , Attention: Karen Ewing.

The City strongly encourages Companies to submit this form prior to the Pre - Proposal conference but Companies shall not be precluded from submitting a Proposal if they fail to submit this form.

3.3 Interpretations and Addenda.

There are two (2) ways to ask questions about this RFP: (1) submit a question in writing to the Procurement Officer at the e- mail address listed below; or (2) ask a question at the Pre -Proposal Conference. Other than these permitted questions, Companies should refrain from contacting City staff prior to the Proposal Due Date.

The City is not bound by any statements, representations or clarifications regarding this RFP other than those provided in writing by the Procurement

Page 383 ends

Section 3
Procurement Process

RFP #269-2017-028 Playground Equipment 21

Officer.

Karen Ewing, Deputy Chief Procurement Officer
City of Charlotte
Procurement Management Division
600 East 4th Street, CMGC 9th Floor
Charlotte, NC 28202
RFP # 269-2017-028
Fax: 704-632-8254
E-mail: [email protected]
When submitting questions, please reference the RFP page and to pic number. In order for questions to be addressed at the Pre -Proposal Conference, they must be submitted by 5:00 p.m. on February 3, 2017.

After the Pre-Proposal Conference, questions must be submitted in writing by the deadline stated in Section 3.1. In the case of questions not submitted by the deadline, the Procurement Officer will, based on the availability of time to research and communicate an answer, decide whether an answer can be given before the Proposal Due Date. When responding to Service Provider questions or issuing addenda to the RFP, the City will post the answer or information to the Internet at www.ips.state.nc.us
, and
http://charlottenc.gov/DoingBusiness/Pages/ContractOpportunities.aspx RFP# 269- 2017-028. Companies are required to acknowledge their receipt of each addenda by including in the Proposal a completed Addenda Receipt Confirmation Form (Section 6, Form 2).

3.4 Pre-Proposal Conference.

A Non -Mandatory Pre-Proposal Conference will be conducted on FEBRUARY 7, 2017, at 10:00 a.m . The meeting will be held at the Charlotte -Mecklenburg Government Center (CMGC), 600 East Fourth Street, Charlotte, North Carolina 28202, 2nd Floor Conference Room #280 or via teleconference at 704-432-5488.

While attendance at the Pre- Proposal Conference is not mandatory , all interested Companies are encouraged to attend. If special accommodations are required for attendance, please no tify Karen Ewing in advance of the conference date and time identifying the special accommodations required.

3.5 Submission of Proposals.

Proposals must be in the format specified in Section 5 of this RFP. Ten (10) electronic copy on individual flash drives in a searchable format such as MS Word or Adobe Acrobat and two (2) original Proposals signed in ink by a company official authorized to make a legal and binding offer shall be submitted to the address listed in Section 3.3 above by MARCH 16 , 2017 on or bef ore but no later than 2:00 p.m. The original Proposal and each of the copies shall be complete and unabridged, and shall not refer to any other copy of the signed and sealed original for any references, clarifications, or additional information.

When recei ved, all Proposals and supporting materials, as well as correspondence relating to this RFP, shall become the property of the City. Proposals sent by fax or email will not be accepted.

Due to security measures at the Charlotte -Mecklenburg Government Center (CMGC), your sealed boxes, including any portions marked as

Page 384 ends

Section 3
Procurement Process

RFP #269-2017-028 Playground Equipment 22

Confidential/Trade Secret, may be searched and thoroughly inspected prior to admittance. Please allow time for this search to take place and to re -seal the box if delivering your Proposal in person to the CMGC.

Do not arrive at the Procurement Management Division on the Proposal due date for the purposes of reviewing your competitors ’ Proposals. The Proposals will not be read aloud or made available to inspect or copy until any trade secret issues have been resolved. All Proposals will be time -stamped upon receipt and held in a secure place until opening.

3.6 Correction of Errors.

The person signing the Proposal must initial erasures or other corrections in the Proposal. The Company further agrees that in the event of any obvious errors, the City reserves the right to waive such errors in its sole discretion. The City, however, has no obligation under any circumstances to waive such errors.

3.7 Evaluation.

As part of the evaluation process, the Evaluation C ommittee may engage in discussions with one or more Company( ies). Discussions might be held with individual Companies to determine in greater detail the Company’s qualifications, to explore with the Company the scope and nature of the required contractual Services, to learn the Company’s proposed method of performance and the relative utility of alternative methods, and to facilitate arriving at a Contract that will be satisfactory to the City.

The City may in its discretion require one or more Companies to make presentations to the Evaluation Committee or appear before the City and/or its representatives for an interview. During such interview, the Company may be required to orally and otherwise present its Proposal and to respond in detail to any questions posed.

Additional meetings may be held to clarify issues or to address comments, as the City deems appropriate. Companies will be notified in advance of the time and format of such meetings.

Since the City may choose to award a Contract without engaging in discussions or negotiations, the Proposals submitted shall state the Company's best offer for performing the Services described in this RFP.

3.8 Proposal Evaluation Criteria.

Proposals will be evaluated based on the Company's ability to meet the performance requirements of this RFP. This section provides a description of the evaluation criteria that will be used to evaluate the Proposals. To be deemed responsive, it is important for the Company to provide appropriate detail to demonstrate satisfaction of each criterion and compliance with the performance provisions outlined in this RFP. The Company’s Proposal will be the primary source of information used in the evaluation process. Proposals must contain information specifically related to the proposed Product s and Services as requested herein. Failure of any Company to submit information requested may result in the elimination of the Proposal from further evaluation.

Proposals will be assessed to determine the most comprehensive, competitive and best value solution for the City taking into consideration as a minimum response, but not limited to the following criteria:

1. Adherence to all requirements of this RFP.

Page 385 ends

Section 3
Procurement Process

RFP #269-2017-028 Playground Equipment 23

2. Demonstrated knowledge, background, capacity, and ability to sell, deliver, and support all Products and Services offered and in compliance with the requirements of this RFP.

3. Capability of meeting or exceeding current and future needs and requirements of U.S. Communities and U.S. Communities members.

4. Qualifications and Experience; (including past performances, administration, management capabilities).

5. Range and quality of Products and Services offerings including technological advances, and value added related Services.

6. Proposed Approach and Proposed Solution

7. Proposed Playgrounds per Section 6, Form 4– taking into consideration a. Design
b. Quality
c. Durability
d. Play value
e. ADA Accessibility and Inclusivity
f. Product warranty

8. Cost effectiveness and Value.

9. Overall ability to perform sales, solutions, and contract support as submitted.

10. Ability to demonstrate Products and Services that meet and/or exceed industry standards accepted by governmental and educational agencies nationally.

11. Financial Qualifications.

12. Company Environmental Initiatives.

13. MWBE, and other factors specified in this Request for Proposals.

14. References.

3.9 Qualifications and Experience
Companies will be evaluated on the background and experience information provided in Section 6, Form 6, and Section 7, Company Worksheet and Company Information for National Program Consideration.

3.10 Project Approach / Proposed Solution.

Companies will be evaluated based upon their understanding, experience and qualifications in performing the same or substantially similar Services, as reflected by its experience in performing such Services. The evaluation will include references regarding work for organizations with needs similar to the City's, and the feasibility of the Company's approach for the provision of the Services.

3.11 Cost Effectiveness and Value.

Under this criterion, Proposals will be compared in terms of the most rea sonable and effective pricing options. The Evaluation Committee will also take into consideration any indirect costs associated with the Services.

3.12 MWSBE Subcontractor Utilization.

The City maintains a strong commitment to the inclusion of MWSBEs in the Cit y’s contracting and procurement process. For the purposes of this RFP, the City will consider a Company’s MWSBE certification and/or MWSBE subcontracting inclusion

Page 386 ends

Section 3
Procurement Process

RFP #269-2017-028 Playground Equipment 24

efforts. To count towards a Department MWSBE Goal, MWSBE certified Companies and/or their MWSBE subcontractors must meet the following certification criteria prior to Proposal submission:
• Be designated as a City certified SBE; and/or
• Be designated as a City registered MBE or WBE
MWSBE utilization is only one (1) criterion considered in the totali ty of all criteria listed in this Section 3.

3.13 Acceptance of the Terms of the Contract.

The City will evaluate the Proposals for compliance with the terms, conditions, requirements, and specifications stated in this RFP including the sample contract language provided in Exhibit A. Regardless of exceptions taken, Companies shall provide pricing based on the requirements and terms set forth in this RFP. Exceptions shall be identified in accordance with Sections 2.6.12 and 5.1.5 of this RFP.

3.14 Contract Award by City Council.

As soon as practical after opening the Proposals, the name of the apparent successful Company will be submitted to the Charlotte City Council for final approval of award. If approved by the Council, the Procurement Management Division will provide Contract documents to the Company. In the event the Council approval is not received within one hundred eighty (180) calendar days after opening of the Proposals, the Company may request that it be released from the Proposal.

3.15 Vendor Inclusion.

The City’s vendor management philosophy supports a fair, open, and inclusive process that offers the same access and information to all Companies. Although Companies are not required to be registered in the City’s vendor registration system prior to submitting a Proposal, in order to execute a contract with the City and receive payment from the City, all Companies must register with the City’s vendor registration system.

Your registration provides the City with baseline information for your company including location, contact and demographic information, as well as your areas of expertise with specific commodity and/or service descriptions. You will also have the opportunity to complete any applicable certifications if your company desires to establish itself as an SBE, MBE, or WBE. The link below will provide you with the opportunity to complete your registration on-line with the City. http://char
lottenc.gov/vendors

Page 387 ends

Section 4
Scope of Services

RFP #269-2017-028 Playground Equipment 25

4 SCOPE OF SERVICES.

4.1 General Scope.

The intent of this RFP is to award a Contract(s) to one or more Companies offering and demonstrating the best overall solution that meets or exceeds the requirements of this RFP and future various Playground Equipment, Outdoor Fitness Equipment , Surfacing, Site Accessories and Related Products and Services needs of the City and Participating Public Agencies.

Participating Public Agencies may have additional specific requirements that might not be a requirement of the Lead Public Agency. The Proposer agrees to provide additional information or documentation to Participating Public Agencies as may be required per the Master Intergovernmental Cooperative Purchasing Agreement (between the Lead Public Agency and the Participating Public Agency).

4.2 Product Standards and Guidelines.

It is essential that all Playground Equipment, O utdoor Fitness Equipment , Site Accessories, Surfacing, and Related Products and Services be in compliance with all current and applicable Consumer Product Safety Commission ( CPSC), Americans with Disabilities Act (ADA) and ADA Accessibility Guidelines ( ADAAG), and ASTM Standards and other applicable laws and regulations in the state of North Carolina or in accordance with the laws and applicable purchasing policies of the State and locality where the Participating Public Agencies exists.

Manufacturers must be a member of the International Play Equipment Manufacturers Association (IPEMA) and ISO 9001 and 14001 certified. All equipment must be IPEMA Certified and meet all current American Society of Testing and Materials (ASTM), Consumer Product Safety Commission (CPSC), and IPEMA standards.

4.2.1 American Society for Testing and Materials (ASTM):

ASTM-F1487- 11 Standard Consumer Safety Performance
Specification for Playground Equipment for
Public use.

ASTM-F1292-13 Standard Spec ification for Impact Attenuation of Surface Systems within the Use Zone of
Playground Equipment.

ASTM 1951-09 Standard Specifications for Determination of Surface Systems Under and Around Playground
Equipment.

ASTM F2049-11 Fences/Barriers for Public, Commercial, and Multifamily Residential Use Outdoor Play
Areas.

ASTM F2075 Standard Specifications for Engineered Wood
Fiber for Use as a Playground Safety Surface
and Around Playground Equipment.

Page 388 ends

Section 4
Scope of Services

RFP #269-2017-028 Playground Equipment 26

4.2.2 Printed Handbook for Public Playground Safety (CPSC) Equipment must meet all guidelines stated in the “Handbook for Public Safety” published by the Consumer Product Safety Commission. Copies of publication No. 325 may be obtained from U.S. Consumer Product Safety Commission, Washington, DC 20207.

4.2.3 International Play Equipment Manufacturers Association (IPEMA) IPEMA provides third- party Product Certification services for U.S. and Canadian public play equipment and U.S. public play surfacing materials.

The services provide for the validation of a participant’s cert ification of conformance to the standards referenced above. Both certifications are administered by Detroit Testing Laboratory, Inc. For more information on certification and membership, visit IPEMA’s website at: www.ipema.org .

All equipment must be IPEMA Certified. Certification must be included with your proposal submission.

4.3 Environmental Purchasing Requirements.

Each Manufacturer must provide documentation of their respective company’s environmental sustainability policies, measures, and initiatives with their Proposal response per Section 2.6.15 and Section 7 - U.S. Communities Requirements of this RFP.

4.4 New Products and Services.

New Products and Services may be added to the resulting Contract(s) during the term of the Contract by written amendment, to the extent that those Products and Services are within the scope of this RFP and include, but will not be limited to, new Product added to the Manufacturer’s listing offerings, and services which reflect new technology and improved functionality. All requests are subject to review and approval of the City of Charlotte.

4.5 Replacement Parts.

Company must stock replacement parts for a minimum of 15 years on all play systems and provide parts within two (2) weeks (14 calendar days) from the time an order is placed by the Participating Public Agency.

4.6 Surfacing Material.

Surfacing Material must meet all guidelines stated in the Handbook for Public Playground Safety, and most current versions of ASTM-F1292-13, F2075-15, F3012- 14, and all other applicable ASTM standards and guidelines as certified by an independent laboratory conforming to IPEMA safety standards as identified for the playground industry.

4.7 Installation.

All Products provided under this Contract that require assembly and installation should be performed by the awarded manufacturers’ certified installers. Company must provide the names and addresses of each certified installer/subcontractor by geographical area.

Page 389 ends

Section 4
Scope of Services

RFP #269-2017-028 Playground Equipment 27

All work must be performed according to the standards established by the terms, specifications, drawings, and construction notes for each project, and meet manufacturer’s specifications and industry standards. It shall be the obligation of the Installer to obtain clarification from the Project Coordinator concerning questions or conflicts in the specifications, drawings and construction notes in a timely manner as to not delay the progress of the work.

4.8 Design.

Companies must have the capability to recommend and design appropriate play systems/structures to fi t the need of the site for age groups to be determined by Participating Public Agency. Company must provide drawings (plan and elevation) of all pertinent aspects of the play equipment and its method of connection to the work. Final playground layout draw ings shall be to scale and legible and must show location of play equipment and dimensions of use zones. All designs shall indicate ADA accessible routes, and percentage of ADA accessible components.

4.9 Project Management.

Companies must have the ability to provide project management services to help Participating Agencies complete their projects on-time and within budget.

4.10 Safety.

All Companies and installers or subcontractors performing services for Charlotte- Mecklenburg are required and shall comply with al l Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. The Company and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract.

4.11 Literature and Catalogs.

The successful Companies will be required to furnish and/or update all price lists, listings, color charts and other literature as requested within fifteen (15) days after notification of award. All catalogs may be electronic versions.

4.12 Warranty.

Proposals should address each of the following:

1. Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.

2. Warranty period start date. The City desires the warranty start at the time of substantial completion.

3. Availability of replacement parts.

4. Life expectancy of equipment under normal use.

5. Detailed information as to proposed return policy on all equipment.

4.13 Lead Time and Delivery.

1. Company must provide a four (4) week lead time on standard product, unlimited configurations, with no up charge.

2. Deliveries may be made typically between the hours of 8:30 a.m. and 3:30 p.m., local time, on regular business days unless other arrangements have been made.

Page 390 ends

Section 4
Scope of Services

RFP #269-2017-028 Playground Equipment 28

Delivery location shall be stated on each purchase order issued by Participating Agencies.

3. The Company will ensure that all items are delivered fully assembled or assembled by vendor or its designated subcontractor on site as may be designated by the Participating Public Agency. The Company will assure that all items are packed in accordance with prevailing commercial practices and delivered and assembled and installed in the first class condition.

4. When the purchase order calls for delivery to a specific location (other than door delivery) the vendor will deliver in accordance with the delivery instructions provided by the Participating Public Agency and shall perform inside de livery, assembly, set in place in proper location, make ready for use and remove all debris.

5. The Company shall authorize immediate replacement of any item that has been damaged in transit.

6. If deliveries are required in the evenings or weekends, or designat ed holidays, special installation charges will be negotiated. It is expected that the pricing will be fair and reasonable based upon specific requirements.

4.14 Optional Work.

Company will be required to provide quotations on a case-by- case basis for optional related work such as, but not limited to, removal and /or reinstallation of Playground & Fitness Equipment , timbers, and fencing as may be required to provide a full turnkey solution to Participating Public Agencies.

4.15 Material Specifications.

Equipment mat erial specifications may vary between cities, counties, schools and states. Each Participating Entity will provide required specifications to include, but not be limited to, acceptable material, finish, diameters, thickness, gage, and angles of all components when placing orders or as necessary.

4.16 Additional Requirements.

Successful Companies may be required and agrees to comply with additional state, or local laws and policies of the individual Participating Public Agencies.

4.17 Performance Bond.

Successful Companies may be required to provide a performance bond as required by Participating Public Agencies for each project as required by local or state laws and policies.

4.18 Reports.

Successful Companies must maintain all records in compliance with federal and state regulations. A statistical report and an annual tabulated report must be submitted electronically to the Lead Public Agency upon request.

4.19 Pricing.

4.19.1 Companies must submit a cost proposal fully supported by data adequate to establish the reasonableness o f the proposed fee. One (1) firm fixed percentage discount off of a verifiable list price for each category (defined in

Page 391 ends

Section 4
Scope of Services

RFP #269-2017-028 Playground Equipment 29

Section 1.3): 1) Playground Equipment (including components, replacement parts); 2) Outdoor Fitness Equipment : 3) S ite Accessories; 4) Surfacing Materials; and 5) all other related Products (Shade Structures, Skate Parks, and other categorized Products); and 6) Services offered by the Company, for the life of the contract is preferred.

Prices must include manufacturer mark up , profit, item cost and storage to allow each customer the ability to calculate and verify discount. All manufacturer price lists must be identified in the Proposal response.

Proposals must include an itemized list of any P roducts and Services that the Company intends to include in the M aster Agreement and assume responsibility for as prime contractor, but are offered by the individual authorized distributors and not included in the Company’s catalog. The list must identify the distributors name and location that offers each product and service included. The successful Company shall be the prime contractor and remain solely responsible for contractual performance, and reporting, per Section 2.6.7 of this RFP for any Products and Services offered by the authorized distributor.

Proposals shall not include Products and Services the Company does not intend to offer, or take responsibility for, as prime contractor.

4.19.2 Volume Discounts: Please include any volume discounts offered to the Lead Public Agency and Participating Public Agencies.

4.19.3 Rebates: Please include any rebates offered to Lead Public Agency and Participating Public Agencies..

4.19.4 Product, Design and Price Comparison.

For comparison purposes only , the Company must provide the following information for the three (3) sample playground designs included in Section 6, Form 4:

1. Cost breakdown of all components using proposed discounts and list prices;

2. Manufacturer Price List ID

3. Three dimensional drawings

4. Number of kids that can use the playground;

5. Total number of play components:
• Number of ground level components
• Number of accessible ground level components
• Number of elevated components
• Number of accessible elevated components

6. Play Structure Size

7. Deck Sizes

8. Diameter of Uprights

9. Color options

10. Minimum time needed from date of design to delivery of equipment.

Page 392 ends

Section 4
Scope of Services

RFP #269-2017-028 Playground Equipment 30

4.19.5 Installation.

Proposal responses must include a defined installation fee program. If a percentage of total dollar amounts of each order are proposed, the Company must submit one (1) fixed percentage for all inst allation services for all Participating Public Agencies, regardless of location, for the life of the contract.

4.19.6 Shipping and Delivery.

Companies must include a defined shipping program with their Proposal responses. If shipping is charged separately , only the actual cost of the freight may be added to an invoice. Shipping charges calculated as a percentage of the product price cannot be used.

1. Unless specifically stated otherwise in the “Shipping Program” included in the Company ’s Proposal response, all p rices quoted must be F.O.B. destination with freight prepaid by the Company.

2. Additional costs for expedited deliveries may be added.

3. Selection of a carrier for shipment will be the option of the Participating Public Agency paying for said shipping.

4.20 Price Adjustments.

All proposed pricing shall remain firm for the first year of the subsequent Contract (through June 30, 2018 ). Companies may request price increases for consideration at least sixty (60) days prior to each anniversary of the Contract effective date. All requests must be submitted in writing to City of Charlotte Procurement Management along with documentation of bona fide materials and labor increases for the cost of Products. No adjustments shall be made to compensate a Company for inefficiency in operation or for additional profit. Price decreases shall be accepted at any time during the term of the contract.

4.21 References.

Proposals must include a minimum of five (5 ) customer references (see Section 6, Form 7) that Company has provided products and services similar to those outlined in this RFP.

4.22 Prevailing Wages.

Company must comply with the prevailing wage requirements of each state. Please include any exceptions to this requirement in your proposal response, per Section 2.6.12 of this RFP.

Page 393 ends

Section 5
Proposal Content and Format

RFP #269-2017-028 Playground Equipment 31

5 PROPOSAL CONTENT AND FORMAT.

The City desires all Proposals to be identical in format in order to facilitate comparison.

While the City ’s format may represent departure from the Company ’s preference, the City requires strict adherence to the format. The Proposal will be in the format described in the Checklist included at the front of this RFP (page i).

The City encourages Proposals to be compatible with the City ’s waste reduction goals and policies. Therefore, it is desired that all responses meet the following requirements:
• All Proposals be printed 8 1/2" x 11" format with all standard text no smaller than eleven (11) points;
• All copies be printed double-sided;
• All copies be printed on recycled paper (at least 30% post -consumer recovered material and at least 30% total recovered material);
• Unless necessary, all Proposal originals and copies should minimize or eliminat e use of non-recyclable or non-r eusable materials such as 3- ring binders, plastic report covers, plastic dividers, vinyl sleeves, and GBC binding. Glued materials, paper clips, and staples are acceptable; and
• Materials must be submitted in a format that allows for easy removal and recycling.

Proposals must also include ten (10 ) flash drive s including the entire Proposal in a searchable format such as MS Word or Adobe Acrobat.

5.1.1 Cover Letter.

The Proposal must include a letter of transmittal attesting to its accuracy, signed by an individual authorized to execute binding legal documents. The cover letter shall provide the name, address, telephone and facsimile numbers of the Company along with the name, title, address, email address, telephone and facsimile numbers of the executive that has the authority to contract with the City . The cover letter shall present the Company's understanding of the Project and a summary of the approach to perform the Services.

5.1.2 Executive Summary.

The Company shall submit an executive summary, which outlines its Proposal, including the proposed general management philosophy. The executive summary shall, at a minimum, include an identification of the proposed project team, responsibilities of the project team, and a summary of the proposed Services. This section should highlight aspects of this Proposal, which make it superior or unique.

5.1.3 Required Forms and Certifications.

To be deemed responsive to this RFP, Companies must complete, in detail, all Proposal Forms included in Section 6, and all certifications requested in Section 4.

5.1.4 U.S. Communities Requirements.

To be deemed responsive to this RFP, Companies must complete, in detail, all requested information in Section 7.

5.1.5 Exceptions to the RFP.

Exceptions must be submitted in accordance with Section 2.6.12 of this RFP. If exceptions are not identified in your Proposal they may not be considered during Contract negotiati on and could result in Proposal being rejected from further

Page 394 ends

Section 5
Proposal Content and Format

RFP #269-2017-028 Playground Equipment 32

consideration. If legal counsel needs to review the Sample City Contract prior to signature, reviews must be completed before your Proposal is submitted.

The City intends to enter into a City -drafted Contract with the successful Company that contains the terms and conditions set forth in Exhibit A (“Sample Terms”). The number and extent of any exceptions and proposed additions to the Sample Terms will be one of the City’s evaluation criteria.

Accordingly, each Company must state specifically in its Proposal any exceptions to the Sample Terms, or any such exceptions will be waived. A ny Company-proposed additional terms or conditions must also be included in the Proposal, and the City reserves the right to refuse consideration of any terms not so included. Any proposed changes to the Sample Terms after tentative contract award may constitute a material change to the Company’s Proposal and be grounds for revoking the award.

Notwithstanding the foregoing, the City reserves the right to modify the Sample Terms prior to or during contract negotiations if it is in the City ’s best interest to do so.

Page 395 ends

Section 6
Required Forms

RFP #269-2017-028 Playground Equipment 33

REQUIRED FORM 1 - RFP ACKNOWLEDGEMENT
Request For Proposal # 269-2017-028
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services

The Company hereby certifies receipt of the Request for Proposals for the City of Charlotte , North Carolina RFP # 269-2017-028, Playground Equipment, Outdoor Fitness Equipment , Site Accessories, Surfacing, and Related Products and Services. This form should be completed upon receipt of the City’s Request for Proposals and faxed in time for the City to receive it by or before FEBRUARY 1, 2017. Failure to submit this form by the designated date shall not preclude the Company from submitting a proposal. Please fax or email the completed Request for Proposals Acknowledgement Form to the attention of:

Karen Ewing
Deputy Chief Procurement Officer
Procurement Management
Fax: 704.632.8254
Email: [email protected]

Date: _________________________
Authorized Signature:______________________________________________________ Title:__________________________________________________________________________ Company Name:________________________________________________________________ Contact Name: _________________________________________________________________ Contact E-mail address: __________________________________________________________ Please check the appropriate space below and provide the requested information:
_____We plan to attend the Pre-Proposal Conference and plan on submitting a Proposal Indicate number of attendees:
_____We do not plan to attend the Pre -Proposal Conference b ut plan on submitting a Proposal
Reason:________________________________________________________________________ _____We do not plan to attend the Pre-Proposal Conference and do not plan on submitting a Proposal
Reason:_______________________________________________________________________

Page 396 ends

Section 6
Required Forms

RFP #269-2017-028 Playground Equipment 34

REQUIRED FORM 2 - ADDENDA RECEIPT CONFIRMATION
RFP # 269-2017-028
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services

Please acknowledge receipt of all addenda by including this form with your Proposal. All addenda will be posted to the NC IPS website at www.ips.state.nc.us and http://charlottenc.gov/DoingBusiness/Pages/ContractOpportunities.aspx.

ADDENDUM #: DATE ADDENDUM
DOWNLOADED:
_____________ _________
_____________ _________
_____________ _________
_____________ _________
_____________ _________
_____________ _________

I certify that this proposal complies with the Specifications and con ditions issued by the City except as clearly marked in the attached copy.
_____________________________ ______________________
(Please Print Name) Date
_____________________________
Authorized Signature
_____________________________
Title
_____________________________
Company Name

Page 397 ends

Section 6
Required Forms

RFP #269-2017-028 Playground Equipment 35

REQUIRED FORM 3 - PROPOSAL SUBMISSION FORM
RFP # 269-2017-028
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services
This Proposal is submitted by:

Company Name: ________________________________________________________ Representative (printed): ________________________________________________________ Address: ________________________________________________________ ________________________________________________________ City/State/Zip: ________________________________________________________ Email address: ________________________________________________________ Telephone: ________________________________________________________ (Area Code) Telephone Number
Facsimile: ________________________________________________________ (Area Code) Fax Number
The representative signing above hereby certifies and agrees that the following information is correct:

1. In preparing its proposal, the Company has considered all proposals submitted from qualified, potential subcontractors and Companies ; and has not engaged in or condoned prohibited discrimination. For purposes of this Section, discrimination means discrimination in the solicitation, selection, or treatment of any subcontractor, vendor or supplier on the basis of race, ethnicity, gender, age or disability or any otherwise unlawful form of discrimination. Without limiting the foregoing, discrimination also includes retaliating against any person or other entity for reporting any incident of discrimination.

2. Without limiting any other provision of the solicitation for proposals on this project, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the City to reject the bid submitted by the Proposer on this Project and to terminate any contract awarded based on such bid.

3. As a condition of contracting with the City, the Company agrees to maintain documentation sufficient to demonstrate that it has not discriminated in its solicitation or selection of subcontractors. The Company further agrees to promptly provide to the City all information and documentation that may be requested by the City from time to time regarding the solicitation and selection of subcontractors. Failure to maintain or failure to provide such information constitutes grounds for the City to reject the bid submitted by the Company or terminate any contract awarded on such bid.

Page 398 ends

Section 6
Required Forms

RFP #269-2017-028 Playground Equipment 36

4. As part of its bid or proposal, the Bidder or Proposer sha ll provide to the City a list of all instances within the past ten years where a complaint was filed or pending against Bidder or Proposer in a legal or administrative proceeding alleging that Bidder or Proposer discriminated against its subcontractors, vendors or suppliers, and a description of the status or resolution of that complaint, including any remedial action taken.

5. The information contained in this Proposal or any part thereof, including its Exhibits, Schedules, and other documents and instruments delivered or to be delivered to the City, is true, accurate, and complete. This Proposal includes all information necessary to ensure that the statements therein do not in whole or in part mislead the City as to any material facts.

6. It is understood by the Company that the City reserves the right to reject any and all Proposals, to make awards on all items or on any items according to the best interest of the City, to waive formalities, technicalities, to recover and re-bid this RFP.

7. This Proposal is valid for one hundred and eighty (180) calendar days from the Proposal due date.

I, the undersigned, hereby acknowledge that my company was given the opportunity to provide exceptions to the Sample Terms as included herein as Exhibit A. As such, I have elected to do the following:
___ Include exceptions to the sample contract in the following section of my Proposal:_______ ___ Not include any exceptions to the Sample Terms.

Representative (signed): ________________________________________________________

Page 399 ends

Section 6
Required Forms

RFP #269-2017-028 Playground Equipment 37

REQUIRED FORM 4 - PRICING WORKSHEET
RFP # 269-2017-028
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services

Regardless of exceptions taken, Companies shall provide pricing based on the requirements and terms set forth in this RFP. Cost must be in United States dollars rounded to the nearest quarter of a dollar. If there are additional costs associated with the Services, please add to this chart.

Proposal must include electronic copies (on flash dri ve) of manufacturer’s listing s, a published wholesale or retail price list, which is widely distributed to the marketplace, or other product literature which describes all the products being offered.

The price schedules must be a single percentage discou nt from published retail price list, or other verifiable published price list. Published price lists must be submitted annually and the same percentage of discount shall apply for the life of the contract. Pricing must be provided for every Product and Service included in your Proposal. Cost must be in United States dollars rounded to the nearest quarter of a dollar.

1. Please provide your verifiable price list(s):

CATEGORY VERIFIABLE PRICE LIST

NUMBER/DATE
Playground Equipment (i.e. themed systems, stand -
along activities, system components)

Outdoor Fitness Equipment ( i.e. challenge courses,
strength building, multigenerational fitness, precision timing systems)

Site Accessories (i.e. Benches, Picnic tables, Planters, Litter receptacles, Bike Racks)

Surfacing (i.e. Pour in Place Rubber, Wood fiber, etc.) Related Products (i.e. Shade Structures skate parks,
water parks)

Services ( i.e. Installation, Design, Layout, Repair,
Maintenance, Removal, Disposal)

2. Please provide your percentage discount off retail price for all products included each of the following categories. Please use additional sheets and list all categories that you are offering for this contract.

CATEGORY PERCENTAGE (%)

DISCOUNT
Playground Equipment ( i.e. themed systems, stand -
along activities, system components)

Outdoor Fitness Equipment ( i.e. challenge courses,
strength building, multigenerational fitness, precision timing systems)

Site Accessories (i.e. Benches, Picnic tables, Planters, Litter receptacles, Bike Racks)

Page 400 ends

Section 6
Required Forms

RFP #269-2017-028 Playground Equipment 38

Surfacing (i.e. Pour in Place Rubber, Wood fiber, etc.) Related Products ( i.e. Shade Structures skate parks,
water parks)

Services ( i.e. Installation, Design, Layout, Repair,
Maintenance, Removal, Disposal)

3. Company must provide the following for each o f the three (s) sample playground designs (FOR EVALUATION AND PRICE COMPARISON ONLY):
1) 3 dimensional Drawings
2) Number of kids that can use the playground;
3) Total number of play components:
a. Number of ground level components
b. Number of accessible ground level components
c. Number of elevated components
d. Number of accessible elevated components

4) Play Structure Size
5) Deck Sizes
6) Itemized costs using proposed discounts and list prices to include all applicable costs, including, but not limited to:
a) Each Structure or component (i.e. playground, site Accessories, shade, receptacles, etc.)
b) Design Services
c) Surfacing
d) Installation
e) Any other products or services that is associated with this sample.

7) Diameter of Uprights
8) Color options
9) Minimum time needed from date of design to delivery of equipment 10) DO NOT include freight in sample Playground pricing.

DESIGN 1:

Site Dimensions: 50 ft. x 125 ft.

Budget: $225,000 (must include all design, equipment, and installation costs) Ages: Separate play area for 2 to 5 years old
Separate play area for 5-12 years old
Design: Bright, Colorful Playgrounds with Roofs

Playground will be serving a community with physical disabilities children. The Playgrounds design must include the minimum following components:

Inclusive play components that:
• Encourage development of sensory processing including proprioceptive and vestibular systems.
• Encourage social interaction within the playground.

Page 401 ends

Section 6
Required Forms

RFP #269-2017-028 Playground Equipment 39

• Provide opportunities for spinning, sliding, rocking and swinging incorporated with heights, motions and body positions.
• Provide opportunities for climbing, crawling, bouncing and balancing. • Stimulate sensory experiences through tactile, auditory and visual components and events.
• Provide multiple levels of challenge (easy, moderate, difficult of the same type of activity).
• Are easy to transfer to and from a mobility device.
• Ensure a child in mobility device is in the middle of play. • Requires limited provision of ramps.

2-5 Year Old Structure:

• One (1) Early Childhood (tot) Swings with sides
• One (1) Slide - 4 ft. maximum height
• One (1) Climber
• One (1) Crawl Tunnel
• One (1) Sand Box

5-12 Year Old Structure:

• One (1) Double Slide – 6 ft. maximum height
• One (1) Spiral Slide
• One (1) Net Climber
• One (1) Rock Climber
• Two (2) Wheel chair accessible ramps
• One (1) Bridge

Surfacing:
• Bonded rubber fall surface to include sub-base (granite screening) and geo fabric.

Site Accessories:
• Four (4) 8ft Heavy Duty Picnic Tables with steel frame • One (1) Sway Bench (12-gauge punched steel with 3.5” diameter posts. • Three (3) Trash Receptacles
• Two (2) Heavy Duty 6-foot Benches with back, and armrest. Placed with good sightlines for monitoring children.

Design 2:

Site Dimensions: 45ft. x 65 ft.

Budget: $85,000 (must include all design, equipment, and installation costs) Ages: 5-12 years old
Design: Nature Themed with Neutral Colors

• One (1) Double Slide – 8 ft. maximum height
• One (1) Tube Slide
• Two (4) Climbers

Page 402 ends

Section 6
Required Forms

RFP #269-2017-028 Playground Equipment 40

• Four (4) Swings with a minimum of one (1) accessible swing. • One (1) Balance Beam
• One (1) Transfer Station
• One (1) Bridge
• One (1) Zip-line

Surfacing:

Minimum of 12 inches compacted wood safety surfacing.

Design 3:

Site Dimensions: 30 ft. x 45 ft.

Budget: $45,000 (must include all design, equipment, and installation costs) Ages: 13+ years old
Design: Adult Outdoor Fitness
Comprehensive fitness package that offers flexibility, balance, strength, and low -impact aerobic workout activities, and includes the minimum following elements:
• One (1) Wobble Board
• One (1) Captains Chair
• One (1) Chest Press
• One (1) Lat Pull Down and Leg Press
• One (1) Trapeze Rack
• One (1) Recumbent Cycle
• One (1) Heavy Duty Bicycle Rack

Surfacing:

No Surfacing required.

Page 403 ends

Section 6
Required Forms

RFP #269-2017-028 Playground Equipment 41

REQUIRED FORM 5 – M/W/SBE UTILIZATION
RFP # 269-2017-028
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services
The City maintains a strong commitment to the inclusion of MWSBEs in the City’s contracting and procurement process when there are viable subcontracting opportunities. Companies must submit this form with their proposal outlining any supplies and/or Services to be provided by each City certified SBE , and/or City registered MBE and WBE for the Contract. The City recommends you exhaust all efforts when identifying potential MWSBEs to participate on th is RFP.

Please indicate if your company is any of the following:
____ MBE ____WBE ____SBE ____ None of the above
If your company has been certified with any of the agencies affiliated with the designations above, indicate which agency, the effective and expiration date of that certification below:

Agency Certifying: _______________ Effective Date: _______ Expiration Date: _______ Identify outreach efforts that were employed by the firm to maximize inclusion of MWSBEs to be submitted with the firm’s proposal (attach additional sheets if needed):
______________________________________________________________________________ ______________________________________________________________________________ Identify outreach efforts that will be employed by the firm to maximize inclusion during the contract period of the Project (attach additional sheets if needed):
______________________________________________________________________________ ______________________________________________________________________________ List below all MWSBEs that you intend use on this Contract:

Subcontractor Name Description of work or
materials
Indicate either “M”,
“S”, and/or “W”
City Vendor #

Representative (signed): ________________________________________________________ _______________ _____________________________
Date Representative Name

Page 404 ends

Section 6
Required Forms

RFP #269-2017-028 Playground Equipment 42

REQUIRED FORM 6 – COMPANY’S BACKGROUND RESPONSE
RFP # 269-2017-028
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services
Companies shall complete and submit the form below as part of their response to this RFP.

Additional pages may be attached as needed to present the information requested.

Question Response
Company’s legal name
Company Location (indicate corporate
headquarters and location that will be providing
the Services).

How many years has your company been in
business? How long has your company been
providing the Services as described in Section 4?

List any projects or Services terminated by a
government entity. Please disclose the
government entity that terminated and explain the
reason for the termination.

List any litigation that your company has been
involved with during the past two (2) years for
Services similar to those in this RFP.

Provide an overview and history of your
company.

If your company is a subsidiary, identify the
number of employees in your company or
division and the revenues of proposing company
or division.

Identify any certifications held by your company
if you are implementing or reselling another
company's Products or Services. Include how
long the partnership or certification has been
effect.

Describe your company’s complete corporate
structure, including any parent companies,
subsidiaries, affiliates and other related entities.

Describe the ownership structure of your
company, including any significant or controlling
equity holders.

Explain how your organization ensures that
personnel performing the Services are qualified
and proficient.

If your company has been the subject of a dispute
or strike by organized labor within the last five
(5) years, please describe the circumstances and
the resolution of the dispute.

Page 405 ends

Section 6
Required Forms

RFP #269-2017-028 Playground Equipment 43

Required form 7 – References
RFP # 269-2017-028
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services
Companies shall complete the form below. The City ’s preference is for references from organizations of similar size or where the Company is performing similar Servic es to those described herein. If such references are not available, individuals or companies that can speak to the Company’s performance are adequate.

Reference 1
Company Name
Contact Name
Phone Number
Reference 2
Company Name
Contact Name
Phone Number
Reference 3
Company Name
Contact Name
Phone Number
Reference 4
Company Name
Contact Name
Phone Number
Reference 5
Company Name
Contact Name
Phone Number

Page 406 ends

Section 6
Required Forms

RFP #269-2017-028 Playground Equipment 44

REQUIRED FORM 8 – NON-DISCRIMINATION PROVISION
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services

All requests for Bids or Bids issued for City Contracts shall include a certification to be completed by the Bidder or Proposer in substantially the following form:

The undersigned Bidder or Proposer hereby certifies and agrees that the following information is correct:

1. In preparing it’s the enclosed Bid or Bid, the Bidder or Proposer has considered all Bids and Bids submitted from qualified, potential subcontractors and Company , and has not engaged in discrimination as defined in Section 2.

2. For purposes of this Section, discrimination means discrimination in the solicitation, selection, or treatment of any subcontractor, vendor or supplier on the basis of race, ethnicity, gender, age or disability or any otherwise unlawful form of discrimination. Without limiting the foregoing, discrimination also includes retaliating against any person or other entity for reporting any incident of discrimination.

3. Without limiting any other remedies that the City may have for a false certification, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the City to reject the Bid or Bid submitted with this certification, and terminate any Contract awarded based on such Bid or Bid It shall also constitute a violation of the City’s Commercial Non- Discrimination Ordinance and shall subject the Bidder or Proposer to any remedies allowed thereunder, including possible disqualification from participating in City Contracts or Bid processes for up to two years.

4. As a condition of Contracting with the City, the Bidder or Proposer agrees to promptly provide to the City all information and documentation that may be requested by the City from time to time regarding the solicitation and selection of Company and subcontractors in connection with this solicitation process. Failure to maintain or failure to provide such information shall constitute grounds for the City to reject the Bid or Bid and to any Contract awarded on such Bid or Bid. It shall also constitute a violation of the City’s Commercial Non -Discrimination Ordinance, and shall subject the Bidder or Proposer to any remedies that are allowed thereunder.

5. As part of it s Bid, or Proposal, the Bidder or Proposer shall provide to the City a list of all instances within the past ten years where a complaint was filed or pending against Bidder or Proposer in a legal or administrative proceeding alleging that Bidder or Proposer discriminated against its subcontractors, vendors or suppliers, and a description of the status or resolution of that complaint, including any remedial action taken.

6. As a condition of submitting a Bid to the City, the Bidder or Proposer agrees to 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.

NAME OF COMPANY:

BY: TITLE:

SIGNATURE OF AUTHORIZED OFFICIAL:

DATE:

Page 407 ends

Section 7
Required U.S. Communities Information

RFP #269-2017-028 Playground Equipment 45

COMPANY WORKSHEET FOR NATIONAL PROGRAM CONSIDERATION

Suppliers are required to meet specific qualifications. Please respond in the spaces provided after each qualification statement below:

A. Will pricing for all Products/Services offered be the most competitive pricing offered by your organization to Participating Public Agencies nationally? YES____ NO____

B. Does your company have the ability to provide service to any Participating Public Agencies in the contiguous 48 states and the ability to deliver service in Alaska and Hawaii? YES____ *NO____
(*If no, identify the states where you do not have the ability to provide service to Participating Public Agencies.)

C. Does your company have a national sales force, dealer network or distributor with the ability to call on Participating Public Agencies in at least 35 U.S. states? YES____ *NO____
(*If no, identify the states where you have the ability to call on Participating Public Agencies.)

D. Check which applies for your company sales last year in the United States:
_____ Sales between $0 and $25,000,000
_____ Sales between $25,000,001 and $50,000,000
_____ Sales between $50,000,001 and $100,000,000
_____ Sales greater than $100,000,001

E. Does your company have existing capacity to provide electronic and ecommerce ordering and billing? YES____ NO____

F. Will your company assign a dedicated Senior Management level Account Manager to support the resulting U.S. Communities program contract?
YES____ NO____

G. Does your company maintain records of your overall Participating Public Agencies’ sales that you can and will share with U.S. Communities to monitor program implementation progress? YES____ NO____

H. Will your company commit to the following program implementation schedule? YES____ NO____

I. Will the U.S. Communities program contract be your lead public offering to Participating Public Agencies?
YES____ NO_____

_____________________________________________________________________________ Submitted by:

________________________________ ___________________________________ (Printed Name) (Signature)

________________________________ ___________________________________ (Title) (Date)

Page 408 ends

Section 7
Required U.S. Communities Information

RFP #269-2017-028 Playground Equipment 46

SUPPLIER INFORMATION

Please respond to the following requests for information about your Company:

National Commitments

1. Proposer shall provide a written narrative of your understanding and acceptance of the Company Qualifications Commitments in Section 1.5.

Company

1. Provide the total number and location of sales persons employed by your Company in the United States.

Example:

NUMBER OF
SALES

REPRESENTATIVES

CITY STATE
13 Phoenix AZ
6 San Francisco CA
10 Atlanta GA
12 Boise ID
6 Lexington KY
5 New Orleans LA
3 Philadelphia PA
Etc. Etc.

Total: 366

2. Please provide a narrative of how these sales people would be used to market the contract to eligible agencies across the country. Please describe what you have in place today and your future plans, if you were awarded the contract.

3. Provide the Company annual sales for 2014, 2015 and 2016 in the United States; Sales reporting should be segmented into the following categories:

Segment 2014 Sales 2015 Sales 2016 Sales
Cities
Counties
K-12 (Pubic/Private)
Higher Education (Public/Private)
States
Other Public Sector and Nonprofits
Federal
Private Sector
Total Supplier Sales
SUPPLIER ANNUAL SALES IN THE UNITED STATE FOR 2013, 2014, AND 2015

Page 409 ends

Section 7
Required U.S. Communities Information

RFP #269-2017-028 Playground Equipment 47

4. For the proposed products and services included in the scope of your response, provide annual sales for 2014, 2015 and 2016 in the United States. Sales reporting should be segmented into the following categories:

Segment 2014 Sales 2015 Sales 2016 Sales
Cities
Counties
K-12 (Pubic/Private)
Higher Education (Public/Private)
States
Other Public Sector and Nonprofits
Federal
Private Sector
Total Supplier Sales
SUPPLIER ANNUAL SALES IN THE UNITED STATE FOR 2013, 2014, AND 2015

5. Provide a list of your Company’s ten largest publi c agency customers, including contact information.

Distribution

1. Describe how your company proposes to distribute the Products nationwide.

2. Identify all other companies that will be involved in processing, handling or shipping the Product to the end user.

3. Provide the number, size and location of your company’s distribution facilities, warehouses and retail network as applicable.

4. Provide the number and location of support centers (if applicable).

5. If applicable, describe your company’s ability to do business with manufacturer/dealer/distribution organizations that are either small or MWBE businesses as defined by the Small Business Administration.

a. If applicable, describe other ways your company can be sensitive to a Participating Public Agency’s desire to utilize local and/or MWBE companies, such as number of local employees and offices in a particular geographic area, companies your firm is using that may be local (i.e. local delivery truck company), your company’s diversity of owner employees, etc.

b. If applicable, provide details on any products or services being offered by your company where the manufacturer or service provider is either a small or MWBE business as

Page 410 ends

Section 7
Required U.S. Communities Information

RFP #269-2017-028 Playground Equipment 48

defined by the Small Business Administration. Provide product/service name, company name and small/MWBE designation.

Marketing

1. Outline your company’s sales and marketing plan for marketing the Products to eligible agencies nationwide.

2. Explain how your company will educate its national sales force about the Master Agreement.

3. Explain how your company will market and transition the Master Agreement into the primary offering to Participating Public Agencies. How will your organization differentiate the new agreement from existing contracts you may have today?

National Staffing Plan

1. Please identify the key personnel who will lead and support the implementation period of the contract outlined in Section One , New Supplier Implementation Checklist, along with the amount of time to be devoted to implementation.

2. Identify the key personnel who are to be engaged in this contract throughout the term of the contract, including each of the roles described below:

Role Description of Role Person Responsible Time
Commitment
(%)
Executive Sponsor Responsible for the
corporate commitment.

Works with Supplier
Manager.

National Account
Manager
Responsible for sales efforts
and training of sales people
across the country. Works
daily with Program
Managers and Supplier
Manager.

Lead Referral Manager Responsible for distributing
leads generated through the
USC website.

Marketing Lead Responsible for all
marketing efforts. Works
with USC marketing
regularly.

IT Lead Responsible for building
USC landing page for
supplier.

Page 411 ends

Section 7
Required U.S. Communities Information

RFP #269-2017-028 Playground Equipment 49

Reporting Lead Responsible for providing
monthly reports to USC.

3. Provide an organizational chart of your company.

4. Submit the a bio for each of the below personnel:

a. The person your company proposes to serve as the National Accounts Manager,

b. Each person that will be dedicated full time to U.S. Communities account management, and

c. Key executive personnel that will be supporting the program.

Products, Services and Solutions

1. Provide a description of the Products, Services and Solutions to be provided by the major product category set forth in Section Five of the RFP. The primary objective is for each Supplier to provide its complete product, service and solutions offerings so that Participating Public Agencies may order a range of product as appropriate for their needs.

2. State your normal delivery time (in days) and any options for expediting delivery.

3. State backorder policy. Do you fill or kill order and require Participating Public Agency to reorder if item is backordered?

4. State restocking fees and procedures for returning products.

5. Specify guaranteed fill rate by product category specified in Section Five.

6. Describe any special programs that your company offers that will improve customers’ ability to access Products, on-time delivery or other innovative strategies.

7. Describe the capacity of your company to broaden the scope of the contract and keep the product offerings current and ensure that latest products, standards and technology for Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Parts and Services.

Qualifications, Experience and Project Management Capabilities

1. Identify your company’s authorized distributors and installers by U.S. state;

2. Identify your company’s bonding capacity on a national basis (if applicable);

3. List the states where the bidder is licensed to do business (if applicable);

4. List the states where the bidder or sub-contractor is licensed to do business (if applicable);

Page 412 ends

Section 7
Required U.S. Communities Information

RFP #269-2017-028 Playground Equipment 50

5. List the state construction licenses held, either directly by the bidder or a by a qualified distributor that has been actively and continuously involved with manufacturer (if applicable);

Administration

1. Describe your company’s normal order processing procedure from point of customer contact through delivery and billing. Additionally, please provide the following:

a. In what formats do you accept orders (telephone, ecommerce, etc.)?

b. Please state if you use a single system or platform for all phases of ordering, processing, delivery and billing.

2. State which forms of ordering allow the use of a procurement card and the accepted banking (credit card) affiliation.

3. Describe your company’s ecommerce capabilities:

a. Include details about your company’s ability to create punch out sites and accept orders electronically (cXML, OCI, etc.).

b. Provide detail on where your company has integrated with a pubic agency’s ERP (Oracle, Infor Lawson, SAP, etc.) system in the past and include some details about the resources you have in place to support these integrations. List, by ERP provider, the following information: name of public agency, ERP system used, “go live” date, net sales per calendar year since “go live”, and percentage of agency sales being processed through this connection.

4. Describe any existing multi-state cooperative purchasing programs, including the entity’s name(s), contact person(s), contact information, contract term (including contract options) and annual volume by year for each of the last three years.

5. Describe your ability to provide customized reports (i.e. commodity histories, purchase histories by department, green spend, etc.) for each Participating Public Agency.

Environmental

1. Provide a brief description of any company’s environmental initiatives, including your company’s environmental policies and/or strategies, your investments in being an environmentally preferable product leader, and any resources dedicated to your environmental strategy, including staff.

2. Describe your company’s process for defining, verifying, and labeling green/sustainable products and services in your offering. Explain how you help public agencies navigate toward the green products in your offering through website filters, keyword searches, displaying eco- logos, etc.

Page 413 ends

Section 7
Required U.S. Communities Information

RFP #269-2017-028 Playground Equipment 51

3. Pease indicate if you have any products in your offering that have any third-party environmental certifications.

4. What percentage of your offering is environmentally preferable and what are your plans to improve this offering?

Financial Statements

1. Submit your current Federal Identification Number and latest Dun & Bradstreet report.

2. Please include an audited income statement and balance sheet from the most recent reporting period in your proposal.

Additional Information

Please use this opportunity to describe any/all other features, advantages and be nefits of your organization that you feel will provide additional value and benefit to a Participating Public Agency.

Page 414 ends

Section 7
Required U.S. Communities Information

RFP #269-2017-028 Playground Equipment 52

ADMINISTRATION AGREEMENT

This ADMINISTRATION AGREEMENT (“Agreement”) is made as of ________________, by and between U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE (“U.S. Communities”) and _______________________ (“Supplier”).

RECITALS

WHEREAS, (“ Lead Public Agency”) has entered into a certain Master Agreement dated as of even date herewith, referenced as Agreement No. _______, by and between Lead Public Agency and Supplier (as amended from time to time in accordance with the terms thereof, the “Master Agreement”) for the purchase of ___________________ (the “Products and Services”);

WHEREAS, the Master Agreement provides that any state, county, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution (including community colleges, colleges and universities, both public and private), other government agency or nonprofit organization (each a “Public Agency” and collectively, “Public Agencies”) may purchase Products and Services at the prices indicated in the Master Agreement upon prior registration with U.S. Communities, in which case the Public Agency becomes a “Participating Public Agency”;

WHEREAS, U.S. Communities has the administrative and legal capacity to administer purchases under the Master Agreement to Participating Public Agencies;

WHEREAS, U.S. Communities serves in an administrative c apacity for Lead Public Agency and other lead public agencies in connection with other master agreements offered by U.S. Communities;

WHEREAS, Lead Public Agency desires U.S. Communities to proceed with administration of the Master Agreement on the same basis as other master agreements;

WHEREAS, “U.S. Communities Government Purchasing Alliance” is a trade name licensed by U.S. Communities Purchasing & Finance Agency; and

WHEREAS, U.S. Communities and Supplier desire to enter into this Agreement to m ake available the Master Agreement to Participating Public Agencies.

NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, U.S. Communities and Supplier hereby agree as follows:

ARTICLE I

GENERAL TERMS AND CONDITIONS

1.1 The Master Agreement, attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement.

Page 415 ends

Section 7
Required U.S. Communities Information

RFP #269-2017-028 Playground Equipment 53

1.2 U.S. Communities shall be afforded all of the rights, privileges and indemnifications afforded to Lead Public Agency under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to U.S. Communities under this Agreement including, without limitation, Supplier’s obligation to provide insurance and indemnifications to Lead Public Agency.

1.3 Supplier shall perform all duties, responsibilities and obligations required under the Master Agreement.

1.4 U.S. Communities shall perform all of its duties, responsibilities and obligations as administrator of purchases under the Master Agreement as set forth herein, and Supplier acknowledges that U.S. Communities shall act in the capacity of administrator of purchases under the Master Agreement.

1.5 With respect to any purchases made by Lead Public Agency or any Participating Public Agency pursuant to the Master Agreement, U.S. Communities (a) shall not be construed as a dealer, re-marketer, representative, partner, or agent of any type of Supplier, Lead Public Agency or such Participating Public Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Lead Public Agency, any Participating Public Agency or any employee of Lead Public Agency or a Participating Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and (c) shall not be obligated, liable or responsible for any failure by a Participating Public Agency to (i) comply with procedures or requirements of applicable law or ordinance, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. U.S. Communities makes no representations or guaranties with respect to any minimum purchases required to be made by Lead Public Agency, any Participating Public Agency, or any employee of Lead Public Agency or a Participating Public Agency under the Master Agreement.

ARTICLE II

TERM OF AGREEMENT

2.1 This Agreement is effective as of ____________________ and shall terminate upon termination of the Master Agreement or any earlier termination in accordance with the terms of this Agreement, provided, however, that the obligation to pay all amounts owed by Supplier to U.S. Communities through the termination of this Agreement and all indemnifications afforded by Supplier to U.S. Communities shall survive the term of this Agreement.

ARTICLE III

REPRESENTATIONS AND COVENANTS

3.1 U.S. Communities views the relationship with Supplier as an opportunity to provide benefits to the Lead Public Agency, Public Agencies and Supplier. The successful foundation of the relationship requires certain representations and covenants from both U.S.

Communities and Supplier.

3.2 U.S. Communities’ Representations and Covenants.

Page 416 ends

Section 7
Required U.S. Communities Information

RFP #269-2017-028 Playground Equipment 54

(a) Marketing. U.S. Communities shall proactively market the Master Agreement to Public Agencies using resources such as a network of major sponsors including the National League of Cities (NLC), National Association of Counties (NACo), United States Conference of Mayors (USCM), and the Association of School Business Officials (ASBO) (collectively, the “Founding Co-Sponsors”) and individual national, regional and state-level sponsors. In addition, the U.S. Communities staff shall make best efforts to enhance Supplier’s marketing efforts through meetings with Public Agencies, participation in key events and tradeshows and other marketing activity such as advertising, articles and promotional campaigns.

(b) Training and Knowledge Management Support. U.S. Communities shall provide support for the education, training and engagement of Supplier’s sales force as provided herein. Through its staff (each, a “Program Manager” and collectively, the “Program Managers”), U.S. Communities shall, with scheduling assistance from Supplier, conduct training sessions and conduct calls jointly with Supplier to Public Agencies. U.S. Communities shall also provide Supplier with access to U.S. Communities’ private intranet website which provides presentations, documents and information to assist Supplier’s sales force in effectively promoting the Master Agreement.

3.3 Supplier’s Representations and Covenants. Supplier hereby represents and covenants as follows in order to ensure that Supplier is providing the highest level of public benefit to Participating Public Agencies (such representations and covenants are sometimes referred to as “Supplier’s Commitments” and are comprised of the Corporate Commitment, Pricing Commitment, Economy Commitment and Sales Commitment):

(a) Corporate Commitment.

(i) The pricing, terms and conditions of the Master Agreement shall, at all times, be Supplier’s primary contractual offering of Products and Services to Public Agencies. All of Supplier’s direct and indirect marketing and sales efforts to Public Agencies shall demonstrate that the Master Agreement is Supplier’s primary offering and not just one of Supplier’s contract options.

(ii) Supplier’s sales force (including inside, direct and/or authorized dealers, distributors and representatives) shall always present the Master Agreement when marketing Products or Services to Public Agencies.

(iii) Supplier shall advise all Public Agencies that are existing customers of Supplier as to the pricing and other value offered through the Master Agreement.

(iv) Upon authorization by a Public Agency, Supplier shall transition such Public Agency to the pricing, terms and conditions of the Master Agreement.

(v) Supplier shall ensure that the U.S. Communities program and the Master Agreement are actively supported by Supplier’s senior executive management.

(vi) Supplier shall provide a national/senior management level representative with the authority and responsibility to ensure that the Supplier’s Commitments are maintained at all times. Supplier shall also designate a lead referral contact person who shall be responsible for receiving communications from U.S. Communities concerning new Participating

Page 417 ends

Section 7
Required U.S. Communities Information

RFP #269-2017-028 Playground Equipment 55

Public Agency registrations and for ensuring timely follow-up by Supplier’s staff to requests for contact from Participating Public Agencies. Supplier shall also provide the personnel necessary to implement and support a supplier-based internet web page dedicated to Supplier’s U.S.

Communities program and linked to U.S. Communities’ website and shall implement and support such web page.

(vii) S upplier shall demonstrate in its procurement solicitation response and throughout the term of the Master Agreement that national/senior management fully supports the U.S. Communities program and its commitments and requirements. National/Senior management is defined as the executive(s) with companywide authority.

(viii) Where Supplier has an existing contract for Products and Services with a state, Supplier shall notify the state of the Master Agreement and transition the state to the pricing, terms and conditions of the Master Agreement upon the state’s request.

Regardless of whether the state decides to transition to the Master Agreement, Supplier shall primarily offer the Master Agreement to all Public Agencies located within the state.

(b) Pricing Commitment.

(i) Supplier represents to U.S. Communities that the pricing offered under the Master Agreement is the lowest overall available pricing (net to purchaser) on Products and Services that it offers to Public Agencies. Supplier’s pricing shall be evaluated on either an overall project basis or the Public Agency’s actual usage for more frequently purchased Products and Services.

(ii) Contracts Offering Lower Prices. If a pre-existing contract and/or a Public Agency’s unique buying pattern provide one or more Public Agencies a lower price than that offered under the Master Agreement, Supplier shall match that lower pricing under the Master Agreement and inform the eligible Public Agencies that the lower pricing is available under the Master Agreement. If an eligible Public Agency requests to be transitioned to the Master Agreement, Supplier shall do so and report the Public Agency’s purchases made under the Master Agreement going forward. The price match only applies to the eligible Public Agencies.

Below are three examples of Supplier’s obligation to match the pricing under Supplier’s contracts offering lower prices.

(A) Supplier holds a state contract with lower pricing that is available to all Public Agencies within the state. Supplier would be required to match the lower state pricing under the Master Agreement and make it available to all Public Agencies within the state.

(B) Supplier holds a regional cooperative contract with lower pricing that is available only to the ten cooperative members. Supplier would be required to match the lower cooperative pricing under the Master Agreement and make it available to the ten cooperative members.

(C) Supplier holds a contract with an individual Public Agency. The Public Agency contract does not contain any cooperative language and therefore other Public Agencies are not eligible to utilize the contract. Supplier would be

Page 418 ends

Section 7
Required U.S. Communities Information

RFP #269-2017-028 Playground Equipment 56

required to match the lower pricing under the Master Agreement and make it available only to the individual Public Agency.

(iii) Deviating Buying Patterns. Occasionally U.S. Communities and Supplier may interact with a Public Agency that has a buying pattern or terms and conditions that considerably deviate from the normal Public Agency buying pattern and terms and conditions, and causes Supplier’s pricing under the Master Agreement to be higher than an alternative contract held by Supplier. This could be created by a unique end-user preference or requirements. In the event that this situation occurs, Supplier may address the issue by lowering the price under the Master Agreement on the item(s) causing the large deviation for that Public Agency. Supplier would not be required to lower the price for other Public Agencies.

(iv) Supplier’s Options in Responding to a Third Party Procurement Solicitation. While it is the objective of U.S. Communities to encourage Public Agencies to piggyback on to the Master Agreement rather than issue their own procurement solicitations, U.S.

Communities recognizes that for various reasons some Public Agencies will issue their own solicitations. The following options are available to Supplier when responding to a Public Agency solicitation:

(A) Supplier may opt not to respond to the procurement
solicitation. Supplier may make the Master Agreement available to the Public Agency as a comparison to its solicitation responses.

(B) Supplier may respond with the pricing, terms and
conditions of the Master Agreement. If Supplier is awarded the contract, the sales would be reported as sales under the Master Agreement.

(C) If competitive conditions require pricing lower than the standard Master Agreement pricing, Supplier may submit lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales would be reported as sales under the Master Agreement. Supplier would not be required to extend the lower price to other Public Agencies.

(D) Supplier may respond to the procurement solicitation with pricing that is higher (net to buyer) than the pricing offered under the Master Agreement. If awarded a contract, Supplier shall still be bound by all obligations set forth in this Section 3.3, including, without limitation, the requirement to continue to advise the awarding Public Agency of the pricing, terms and conditions of the Master Agreement.

(E) Supplier may respond to the procurement solicitation with pricing that is higher (net to buyer) than the pricing offered under the Master Agreement and if an alternative response is permitted, Supplier may offer the pricing under the Master Agreement as an alternative for consideration.

(c) Economy Commitment. Supplier shall demonstrate the benefits, including the pricing advantage, of the Master Agreement over alternative options, including competitive solicitation pricing and shall proactively offer the terms and pricing under the Master

Page 419 ends

Section 7
Required U.S. Communities Information

RFP #269-2017-028 Playground Equipment 57

Agreement to Public Agencies as a more effective alternative to the cost and time associated with such alternate bids and solicitations.

(d) Sales Commitment. Supplier shall market the Master Agreement through Supplier’s sales force or dealer network that is properly trained, engaged and committed to offering the Master Agreement as Supplier’s primary offering to Public Agencies. Supplier’s sales force compensation and incentives shall be greater than or equal to the compensation and incentives earned under other contracts to Public Agencies.

(i) Supplier Sales . Supplier shall be responsible for proactive sales of Supplier’s Products and Services to Public Agencies and the timely follow-up to sales leads identified by U.S. Communities. Use of product catalogs, targeted advertising, direct mail, online marketing and other sales initiatives are encouraged. All of Supplier’s sales materials targeted towards Public Agencies shall include the U.S. Communities logo. U.S. Communities hereby grants to Supplier, during the term of this Agreement, a non-exclusive, revocable, non- transferable, license to use the U.S. Communities name, trademark, and logo solely to perform its obligations under this Agreement, and for no other purpose. Any goodwill, rights, or benefits derived from Supplier's use of the U.S. Communities name, trademark, or logo shall inure to the benefit of U.S. Communities. U.S. Communities shall provide Supplier with its logo and the standards to be employed in the use of the logo. During the term of the Agreement, the Supplier shall provide U.S. Communities with its logo and the standards to be employed in the use of the logo for purposes of reproducing and using Supplier’s name and logo in connection with the advertising, marketing and promotion of the Master Agreement to Public Agencies. Supplier shall assist U.S. Communities by providing camera-ready logos and by participating in related trade shows and conferences. At a minimum, Supplier's sales initiatives shall communicate that (i) the Master Agreement was competitively solicited by the Lead Public Agency, (ii) the Master Agreement provides the Supplier’s best overall pricing and value to eligible agencies, (iii) there is no cost to Participating Public Agencies, and (iv) the Master Agreement is a non-exclusive contract.

(ii) Branding and Logo Compliance . Supplier shall be responsible for complying with the U.S. Communities branding and logo standards and guidelines. Prior to use by Supplier, all U.S. Communities related marketing material must be submitted to U.S.

Communities for review and approval.

(iii) Sales Force Training. Supplier shall train its national sales force on the Master Agreement and U.S. Communities program. U.S. Communities shall be available to train on a national, regional or local level and generally assist with the education of sales personnel.

(iv) Participating Public Agency Access. Supplier shall establish the following communication links to facilitate customer access and communication:

(A) A dedicated U.S. Communities internet w eb-based
homepage that is accessible from Supplier’s homepage or main menu navigation containing:

(1) U.S. Communities standard logo with Founding
Co-Sponsors logos;
(2) Copy of original procurement solicitation ;

Page 420 ends

Section 7
Required U.S. Communities Information

RFP #269-2017-028 Playground Equipment 58

(3) Copy of Master Agreement including any
amendments;
(4) Summary of Products and Services pricing;
(5) Electronic link to U.S. Communit ies’ online
registration page; and
(6) Other promotional material as requested by U.S.

Communities.

(B) A dedicated toll- free national hotline for inquiries regarding U.S. Communities.

(C) A dedicated email address for general inquiries in the following format: uscommunities@(name of
supplier).com.

(v) Electronic Registration. Supplier shall be responsible for ensuring that each Public Agency has completed U.S. Communities’ online registration process prior to processing the Public Agency’s first sales order.

(vi) Supplier’s Performance Review. Upon request by U.S.

Communities, Supplier shall participate in a performance review meeting with U.S. Communities to evaluate Supplier’s performance of the covenants set forth in this Agreement.

(vii) Supplier Content. Supplier may, from time to time, provide certain graphics, media, and other content to U.S. Communities (collectively "Supplier Content") for use on U.S. Communities websites and for general marketing and publicity purposes. During the term of the Agreement, Supplier hereby grants to U.S. Communities and its affiliates a non- exclusive, worldwide, free, transferrable, license to reproduce, modify, distribute, publically perform, publically display, and use Supplier Content in connection with U.S. Communities websites and for general marketing and publicity purposes, with the right to sublicense each and every such right. Supplier warrants that: (a) Supplier is the owner of or otherwise has the unrestricted right to grant the rights in and to Supplier Content as contemplated hereunder; and (b) the use of Supplier Content and any other materials or services provided to U.S. Communities as contemplated hereunder will not violate, infringe, or misappropriate the intellectual property rights or other rights of any third party

3.4 Breach of Supplier’s Representations and Covenants. The representations and covenants set forth in this Agreement are the foundation of the relationship between U.S.

Communities and Supplier. If Supplier is found to be in violation of, or non-compliance with, one or more of the representations and covenants set forth in this Agreement, Supplier shall have ninety (90) days from the notice of default to cure such violation or non-compliance and, if Supplier fails to cure such violation or non-compliance within such notice period, it shall be deemed a cause for immediate termination of the Master Agreement at Lead Public Agency’s sole discretion or this Agreement at U.S. Communities’ sole discretion.

3.5 Indemnity. Supplier hereby agrees to indemnify and defend U.S. Communities, and its parent companies, subsidiaries, affiliates, shareholders, member, manager, officers, directors, employees, agents, and representatives from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable

Page 421 ends

Section 7
Required U.S. Communities Information

RFP #269-2017-028 Playground Equipment 59

attorney's fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of any of Supplier's representations, warranties, or covenants in this Agreement.

ARTICLE IV

PRICING AUDITS

4.1 Supplier shall, at Supplier’s sole expense, maintain an accounting of all purchases made by Lead Pub made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. U.S. Communities shall have the authority to conduct random audits of Supplier’s pricing that is offered to Participating Public Agencies at U.S.

Communities’ sole cost and expense. Notwithstanding the foregoing, in the event that U.S.

Communities is made aware of any pricing being offered to three (3) or more Participating Public Agencies that is materially inconsistent with the pricing under the Master Agreement, U.S.

Communities shall have the ability to conduct a reasonable audit of Supplier’s pricing at Supplier’s sole cost and expense during regular business hours upon reasonable notice. U.S.

Communities may conduct the audit internally or may engage a third-party auditing firm on a non-contingent basis. Supplier shall solely be responsible for the cost of the audit. In the event of an audit, the requested materials shall be provided in the format and at the location where kept in the ordinary course of business by Supplier.

ARTICLE V

FEES & REPORTING

5.1 Administrative Fees. Supplier shall pay to U.S. Communities a monthly administrative fee based upon the total sales price of all purchases shipped and billed pursuant to the Master Agreement, excluding taxes, in the amount of two percent (2%) of aggregate purchases made during each calendar month (individually and collectively, “Administrative Fees”). Supplier’s annual sales shall be measured on a calendar year basis. All Administrative Fees shall be payable in U.S. Dollars and shall be made by wire to U.S. Communities, or its designee or trustee as may be directed in writing by U.S. Communities. Administrative Fees shall be due and payable within thirty (30) days of the end of each calendar month for purchases shipped and billed during such calendar month. U.S. Communities agrees to pay to Lead Public Agency five percent (5%) of all Administrative Fees received from Supplier to help offset Lead Public Agency’s costs incurred in connection with managing the Master Agreement nationally.

5.2 Sales Reports. Within thirty (30) days of the end of each calendar month, Supplier shall deliver to U.S. Communities an electronic accounting report, in the format prescribed by Exhibit B, attached hereto, summarizing all purchases made under the Master Agreement during such calendar month (“Sales Report”). All purchases indicated in the Sales Report shall be denominated in U.S. Dollars. All purchases shipped and billed pursuant to the Master Agreement for the applicable calendar month shall be included in the Sales Report.

Submitted reports shall be verified by U.S. Communities against its registration database. Any data that is inconsistent with the registration database shall be changed prior to processing. U.S.

Communities reserves the right upon reasonable advance notice to Supplier to change the prescribed report format to accommodate the distribution of the Administrative Fees to its program sponsors and state associations.

Page 422 ends

Section 7
Required U.S. Communities Information

RFP #269-2017-028 Playground Equipment 60

5.3 Exception Reporting/Sales Reports Audits . U.S. Communities or its designee may, at its sole discretion, compare Supplier’s Sales Reports with Participating Public Agency records or other sales analysis performed by Participating Public Agencies, sponsors, advisory board members or U.S. Communities staff. If there is a material discrepancy between the Sales Report and such records or sales analysis as determined by U.S. Communities, U.S. Communities shall notify Supplier in writing and Supplier shall have thirty (30) days from the date of such notice to resolve the discrepancy to U.S. Communities’ reasonable satisfaction. Upon resolution of the discrepancy, Supplier shall remit payment to U.S. Communities’ trustee within fifteen (15) calendar days. Any questions regarding an exception report should be directed to U.S.

Communities in writing to [email protected]. If Supplier does not resolve the discrepancy to U.S. Communities’ reasonable satisfaction within thirty (30) days, U.S.

Communities shall have the right to engage outside services to conduct an independent audit of Supplier’s reports.

Supplier shall solely be responsible for the cost of the audit.

5.4 Online Reporting. Within forty-five (45) days of the end of each calendar month, U.S. Communities shall provide online reporting to Supplier containing Supplier’s sales reporting for such calendar month. Supplier shall have access to various reports through the U.S.

Communities intranet website. Such reports are useful in resolving reporting issues and enabling Supplier to better manage its Master Agreement.

5.5 Usage Reporting. Within thirty (30) days of the end of each contract year, Supplier shall deliver to U.S. Communities an electronic usage report of all sales under the Master Agreement, including:

(i) Supplier’s Product Number
(ii) Product Description
(iii) Manufacturer Name
(iv) Manufacturer Number
(v) Unit of Measure
(vi) U.S. Communities Price
(vii) Number of times ordered
(viii) Units sold
(ix) Sales by Manufacturer

5.6 Supplier’s Failure to Provide Reports or Pay Administrative Fees. Failure to provide a Sales Report or pay Administrative Fees within the time and in the manner specified herein shall be regarded as a material breach under this Agreement and if not cured within thirty (30) days of written notice to Supplier, shall be deemed a cause for termination of the Master Agreement at Lead Public Agency’s sole discretion or this Agreement at U.S. Communities’ sole discretion. All Administrative Fees not paid within thirty (30) days of the end of the previous calendar month shall bear interest at the rate of one and one-half percent (1.5%) per month until paid in full.

ARTICLE VI

MISCELLANEOUS

Page 423 ends

Section 7
Required U.S. Communities Information

RFP #269-2017-028 Playground Equipment 61

6.1 Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.

6.2 Assignment.

(a) Supplier. Neither this Agreement nor any rights or obligations hereunder shall be assignable by Supplier without prior written consent of U.S. Communities, and any assignment without such consent shall be void.

(b) U.S. Communities. This Agreement and any rights or obligations hereunder may be assigned by U.S. Communities in U.S. Communities’ sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform U.S.

Communities’ obligations hereunder.

6.3 Notices. All reports, notices or other communications given hereunder shall be delivered by first-class mail, postage prepaid, or overnight delivery requiring signature on receipt to the addresses as set forth below. U.S. Communities may, by written notice delivered to Supplier, designate any different address to which subsequent reports, notices or other communications shall be sent.

U.S. Communities: U.S. Communities
9711 Washingtonian Blvd., Suite 100
Gaithersburg, MD 20878-7381
Attn: Program Manager Administration

Supplier: ________________________________
________________________________
________________________________
________________________________
Attn: U.S. Communities Program Manager

6.4 Severability. If any provision of this Agreement shall be deemed to be, or shall in fact be, illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever.

6.5 Waiver. Any failure of a party to enforce, for any period of time, any of the provisions under this Agreement shall not be construed as a waiver of such provisions or of the right of said party thereafter to enforce each and every provision under this Agreement.

6.6 Counterparts . This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.

6.7 Modifications. This Agreement may not be effectively amended, changed, modified, altered or terminated without the prior written consent of the parties hereto.

Page 424 ends

Section 7
Required U.S. Communities Information

RFP #269-2017-028 Playground Equipment 62

6.8 Governing Law; Arbitration. This Agreement will be governed by and interpreted in accordance with the laws of the State of California without regard to any conflict of laws principles. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this dispute resolution clause, shall be determined by arbitration in Walnut Creek, California, before one (1) arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The prevailing party will be entitled to recover its reasonable attorneys' fees and arbitration costs from the other party. The arbitration award shall be final and binding. Each party commits that prior to commencement of arbitration proceedings, the parties shall submit the dispute to JAMS for mediation. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS panel of neutrals, and in promptly scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. The mediation will be conducted by each party designating a duly authorized officer or other representative to represent the party with the authority to bind the party, and that the parties agree to exchange informally such information as is reasonably necessary and relevant to the issues being mediated. All offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by the mediator or any JAMS employees, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. If the dispute is not resolved within thirty (30) days from the date of the submission of the dispute to mediation (or such later date as the parties may mutually agree in writing), the administration of the arbitration shall proceed. The mediation may continue, if the parties so agree, after the appointment of the arbitrator. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The pendency of a mediation shall not preclude a party from seeking provisional remedies in aid of the arbitration from a court of appropriate jurisdiction, and the parties agree not to defend against any application for provisional relief on the ground that a mediation is pending.

6.9 Successors and Assigns. This Agreement shall inure to the benefit of and shall be binding upon U.S. Communities, Supplier and any successor and assign thereto; subject, however, to the limitations contained herein.

[Remainder of Page Intentionally Left Blank – Signatures Follow]

Page 425 ends

Section 7
Required U.S. Communities Information

RFP #269-2017-028 Playground Equipment 63

IN WITNESS WHEREOF, U.S. Communities has caused this Agreement to be executed in its name and Supplier has caused this Agreement to be executed in its name, all as of the date first written above.

U.S. Communities:

U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE

By _______________________________

Name: _______________________________

Title: _______________________________

Supplier:

_____________________________________

By _______________________________

Name: _______________________________

Title: _______________________________

Page 426 ends

Section 7
Required U.S. Communities Information

RFP #269-2017-028 Playground Equipment 64

ATTACHMENT A

MASTER AGREEMENT

(Lead Public Agency Master Agreement/Contract to be attached at time of award.)

Page 427 ends

Section 7
Required U.S. Communities Information

RFP #269-2017-028 Playground Equipment 65

ATTACHMENT B

SALES REPORT FORMAT

Appendix B - US (Data Format)
TIN Supplier ID Account No. Agency Name Dept Name Address City State Zip Agency TypeYear Qtr Month Amount 956000735 160 89518997 CITY OF LA/MGMT EMPL SVCS Purchasing 555 RAMIREZ ST STE 312 LOS ANGELES CA 90012 20 2012 2 5 1525.50 956000222 160 34868035 LOS ANGELES COUNTY Facilities 350 S FIGUEROA ST STE 700 LOS ANGELES CA 90071 30 2012 2 5 1603.64 956000735 160 89496461 CITY OF LA/ENVIRON AFFAIR Purchasing 555 RAMIREZ ST STE 312 LOS ANGELES CA 90012 20 2012 2 5 1625.05 956000735 160 89374835 CITY OF LA/COMMUNITY DEV Purchasing 555 RAMIREZ ST STE 312 LOS ANGELES CA 90012 20 2012 2 5 45090.79 066002010 160 328NA0001053 GROTON TOWN OF PUBLIC WORKS Water 123 A St. GROTON CT 06340 20 2012 2 5 318.00 066001854 160 328NA0001051 GROTON CITY OF Administration 123 A St. GROTON CT 06340 20 2012 2 5 212.00 Column Name Required Data Type Length Example Comment
TIN Optional Text 9 956000735 No Dash, Do not omit leading zero.

Supplier ID Yes Number 3 111 See Supplier ID Table Below Account No. Optional Text 25 max
Agency Name Yes Text 255 max
Dept Name Optional Text 255 max
Address Yes Text 255 max
City Yes Text 255 max Los Angeles Must be a valid City name State Yes Text 2 CA
Zip Yes Text 5 90071 No Dash, Do not omit leading zero, Valid zip code Agency Type Yes Number 2 30 See Agency Type Table Below Year Yes Number 4 2010
Qtr Yes Number 1 4
Month Yes Number 2
Amount Yes Number variable 45090.79 Two digit decimal point, no $ sign or commas Agency Type ID Agency Type Description
10 K-12
11 Community College
12 College and University
20 City
21 City Special District
22 Consolidated City/County
30 County
31 County Special District
40 Federal
41 Crown Corporations
50 Housing Authority
80 State Agency
81 Independent Special District
82 Non-Profit
84 Other
Agency Type Table
Sales Report Template

SALES REPORT DATA FORMAT
Depends on supplier account no.

Los Angeles County
Purchasing Dept
12

Page 428 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 66

U.S. COMMUNITIES ADDITIONAL PROVISIONS

MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT

This Master Intergovernmental Cooperative Purchasing Agreement (“Agreement”) is made between certain government agencies that execute a Lead Public Agency Certificate (collectively, “Lead Public Agencies”) to be appended and made a part hereof and other government agencies (“Participating Public Agencies”) that agree to the terms and conditions hereof through the U.S. Communities registration process and made a part hereof.

RECITALS

WHEREAS, after a competitive solicitation and selection process by Lead Public Agencies, in compliance with their own policies, procedures, rules and regulations, a number of suppliers (each, a “Contract Supplier”) have entered into Master Agreements with Lead Public Agencies to provide a variety of goods, products and services based on national and international volumes (herein “Products and Services”);

WHEREAS, Master Agreements are made available by Lead Public Agencies through U.S.

Communities and provide that Participating Public Agencies may purchase Products and Services on the same terms, conditions and pricing as the Lead Public Agency, subject to any applicable local purchasing ordinances and the laws of the State of purchase;

WHEREAS, the parties desire to comply with the requirements and formalities of any intergovernmental cooperative act, if applicable, to the laws of the State of purchase;

WHEREAS, the parties hereto desire to conserve resources and reduce procurement cost;

WHEREAS, the parties hereto desire to improve the efficiency, effectiveness and economy of the procurement of necessary Products and Services;

NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result, the parties agree as follows:

1. That each party will facilitate the cooperative procurement of Products and Services.

2. That the procurement of Products and Services subject to this Agreement shall be conducted in accordance with and subject to the relevant statutes, ordinances, rules and regulations that govern each party’s procurement practices.

3. That the cooperative use of solicitations obtained by a party to this Agreement shall be in accordance with the terms and conditions of the solicitation, except as modification of those terms and conditions is otherwise allowed or required by applicable law.

4. That the Lead Public Agencies will make available, upon reasonable request and subject to convenience, information which may assist in improving the effectiveness, efficiency and economy of Participating Public Agencies’ procurement of Products and Services.

5. That the Participating Public Agency will make timely payments to the Contract Supplier for Products and Services received in accordance with the terms and conditions of the procurement. Payment, inspections and acceptance of Products and Services ordered by the

Page 429 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 67

Participating Public Agency shall be the exclusive obligation of such Participating Public Agency. Disputes between the Participating Public Agency and Contract Supplier are to be resolved in accord with the law and venue rules of the State of purchase.

6. The Participating Public Agency shall not use this Agreement as a method for obtaining additional concessions or reduced prices for similar products or services.

7. The Participating Public Agency is solely responsible for ordering, accepting, and paying and any other action, inaction or decision regarding the Products and Services obtained under this Agreement. A Lead Public Agency shall not be liable in any manner for any action or inaction or decisions taken by a Participating Public Agency. The Participating Public Agency shall, to the extent permitted by applicable law, hold the Lead Public Agency harmless from any liability that may arise from action or inaction of the Participating Public Agency.

8. The exercise of any rights or remedies by the Participating Public Agency shall be the exclusive obligation of such Participating Public Agency.

9. This Agreement shall remain in effect until termination by a party giving thirty (30) days prior written notice to U.S. Communities at 2999 Oak Road, Suite 710, Walnut Creek, CA 94597.

10. This Agreement shall become effective after execution of the Lead Public Agency Certificate or Participating Public Agency registration, as applicable.

Page 430 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 68

STATE NOTICE ADDENDUM

Pursuant to certain state notice provisions the following public agencies and political subdivisions of the referenced public agencies are eligible to access the contract award made pursuant to this solicitation. Public agencies and political subdivisions are hereby given notice of the foregoing request for proposal for purposes of complying with the procedural requirements of said statutes:

Nationwide:

http://www.usa.gov/Agencies/Local_Government/Cities.shtml

Other states:

State of Oregon, State of Hawaii, State of Washington

AgencyName State
Malama Honua Public Charter School HI

ST JOHN THE BAPTIST HI
Waimanalo Elementary and
Intermediate School
HI
Kailua High School HI

PACIFIC BUDDHIST ACADEMY HI

HAWAII TECHNOLOGY

ACADEMY
HI

CONGREGATION OF CHRISTIAN
BROTHERS OF HAWAII, INC.

HI

MARYKNOLL SCHOOL HI

ISLAND SCHOOL HI
STATE OF HAWAII, DEPT. OF

EDUCATION
HI
KE KULA O S. M. KAMAKAU HI

KAMEHAMEHA SCHOOLS HI
HANAHAU`OLI SCHOOL HI

KIHEI CHARTER SCHOOL HI

EMMANUAL LUTHERAN
SCHOOL
HI
School Lunch Program HI
Ewa Makai Middle School HI
Our Savior Lutheran School HI

BOARD OF WATER SUPPLY HI

MAUI COUNTY COUNCIL HI
Kauai County Council HI
Honolulu Fire Department HI

COUNTY OF MAUI HI
Lanai Community Health Center HI
Maui High Band Booster Club HI
Tri-Isle Resource Conservation and
Development District
HI
Kumulani Chapel HI
Chamber of Commerce Hawaii HI
Naalehu Assembly of God HI
outrigger canoe club HI
One Kalakaua HI
Native Hawaiian Hospitality
Association
HI
St. Theresa School HI
Hawaii Peace and Justice HI
Kauai Youth Basketball Association HI

NA HALE O MAUI HI

LEEWARD HABITAT FOR

HUMANITY
HI

WAIANAE COMMUNITY

OUTREACH
HI

NA LEI ALOHA FOUNDATION HI

HAWAII FAMILY LAW CLINIC

DBA ALA KUOLA
HI

BUILDING INDUSTRY

ASSOCIATION OF HAWAII
HI

UNIVERSITY OF HAWAII

FEDERAL CREDIT UNION
HI

Page 431 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 69

LANAKILA REHABILITATION
CENTER INC.

HI

POLYNESIAN CULTURAL
CENTER
HI

CTR FOR CULTURAL AND TECH

INTERCHNG BETW EAST AND
WEST
HI

BISHOP MUSEUM HI

ALOCHOLIC REHABILITATION

SVS OF HI INC DBA HINA
MAUKA
HI

ASSOSIATION OF OWNERS OF

KUKUI PLAZA
HI

MAUI ECONOMIC

DEVELOPMENT BOARD
HI
NETWORK ENTERPRISES, INC. HI

HONOLULU HABITAT FOR

HUMANITY
HI

ALOHACARE HI
ORI ANUENUE HALE, INC. HI
IUPAT, DISTRICT COUNCIL 50 HI

GOODWILL INDUSTRIES OF
HAWAII, INC.

HI
HAROLD K.L. CASTLE

FOUNDATION
HI

MAUI ECONOMIC
OPPORTUNITY, INC.

HI
EAH, INC. HI

PARTNERS IN DEVELOPMENT

FOUNDATION
HI

HABITAT FOR HUMANITY MAUI HI
W. M. KECK OBSERVATORY HI

HAWAII EMPLOYERS COUNCIL HI

HAWAII STATE FCU HI

MAUI COUNTY FCU HI

PUNAHOU SCHOOL HI

YMCA OF HONOLULU HI

EASTER SEALS HAWAII HI

AMERICAN LUNG ASSOCIATION HI
Pohaha I Ka Lani HI
Hawaii Area Committee HI
Tri-Isle RC&D HI
Lanai Federal Credit Union HI
Aloha United Way HI
Kipuka o Ke Ola HI

READ TO ME INTERNATIONAL

FOUNDATION
HI

MAUI FAMILY YMCA HI

WAILUKU FEDERAL CREDIT
UNION
HI
ST. THERESA CHURCH HI

HALE MAHAOLU HI
West Maui Community Federal
Credit Union
HI
Hawaii Island Humane Society HI
Western Pacific Fisheries Council HI
Kama'aina Care Inc HI
International Archaeological
Research Institute, Inc.

HI
Community Empowerment Resources HI
Tutu and Me Traveling Preschool HI
First United Methodist Church HI
United Chinese Society HI
Haggai Institue HI
AOAO Royal Capitol Plaza HI
Kumpang Lanai HI
Child and Family Service HI
MARINE SURF WAIKIKI, INC. HI
Hawaii Health Connector HI
Hawaii Carpenters Market Recovery
Program Fund
HI
Puu Heleakala Community
Association
HI
Saint Louis School HI
Kailua Racquet Club, Ltd. HI
Homewise Inc. HI
Hawaii Baptist Academy HI
Kroc Center Hawaii HI
Kupu HI
University of the Nations HI

ARGOSY UNIVERSITY HI

HAWAII PACIFIC UNIVERSITY HI

UNIVERSITY OF HAWAII AT
MANOA
HI

RESEARCH CORPORATION OF

THE UNIVERSITY OF HAWAII
HI

BRIGHAM YOUNG UNIVERSITY HI

Page 432 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 70

- HAWAII
University Clinical Research and
Association
HI

CHAMINADE UNIVERSITY OF

HONOLULU
HI
Ricoh HI

ROMAN CATHOLIC CHURCH IN

THE STATE OF HAWAII
HI
Hawaii Information Consortium HI
Leeward Community Church HI
E Malama In Keiki O Lanai HI
Keawala'i Congregational Church HI
Lanai Community Hospital HI
Angels at Play Preschool &
Kindergarten
HI
Queen Emma Gardens AOAO HI

FAMILY SUPPORT SERVICES OF

WEST HAWAII
HI
Honolulu Community College HI

COLLEGE OF THE MARSHALL

ISLANDS
HI
DOT Airports Division Hilo
International Airport
HI
Judiciary - State of Hawaii HI
ADMIN. SERVICES OFFICE HI

SOH- JUDICIARY CONTRACTS

AND PURCH
HI

STATE DEPARTMENT OF

DEFENSE
HI

HAWAII CHILD SUPPORT

ENFORCEMENT AGENCY
HI

HAWAII HEALTH SYSTEMS

CORPORATION
HI

HAWAII AGRICULTURE

RESEARCH CENTER
HI

STATE OF HAWAII HI
Third Judicial Circuit - State of
Hawaii
HI
State of Hawaii Department of
Transportation
HI
Office of the Governor HI
State of Hawaii-Department of
Health-Disability & Communication
HI
Access

CITY AND COUNTY OF

HONOLULU
HI
Lanai Youth Center HI
Silver Dolphin Bistro HI
Commander, Navy Region Hawaii HI
US Navy HI
Defense Information System Agency HI
84th Engineer Battalion HI
Department of Veterans Affairs HI
Central School District 13J (Polk
County, Oregon)
OR
Milton-Freewater Unified School
District No 7
OR
Scappoose Adventist School OR
Ontario School District 8C OR
Trillium Charter School OR
Echo School District OR
Warrenton Hammond School OR
Immanuel Lutheran School OR
Columbia Academy OR

VALLEY CATHOLIC SCHL OR

CROOK COUNTY SCHOOL

DISTRICT
OR
CORBETT SCHL DIST #39 OR
Trinity Lutheran Church and School OR
Bethel School District #52 OR

OREGON CITY PUBLIC SCHL OR
Ppmc Education Committee OR
Stayton Christian School OR
South Columbia Family School OR
Sunrise Preschool OR
St. Therese Parish/School OR

PINE-EAGLE SCHOOL DISTRICT
061
OR
Portland YouthBuilders OR
Wallowa County ESD OR
Fern Ridge School District 28J OR
Knova Learning OR
New Horizon Christian School OR

MOLALLA RIVER ACADEMY OR

Page 433 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 71

HIGH DESERT EDUCATION

SERVICE DISTRICT
OR
St. Luke Catholic School OR

SOUTHWEST CHARTER SCHOOL OR

WHITEAKER MONTESSORI
SCHOOL
OR

CASCADES ACADEMY OF

CENTRAL OREGON
OR
NEAH-KAH-NIE DISTRICT NO.56 OR

INTER MOUNTAIN ESD OR

STANFIELD SCHOOL DISTRICT OR

LA GRANDE SCHOOL DISTRICT OR

CASCADE SCHOOL DISTRICT OR
DUFUR SCHOOL DISTRICT NO.29 OR
hillsboro school district OR
GASTON SCHOOL DISTRICT 511J OR

BEAVERTON SCHOOL DISTRICT OR

COUNTY OF YAMHILL SCHOOL
DISTRICT 29
OR

WILLAMINA SCHOOL DISTRICT OR

MCMINNVILLE SCHOOL
DISTRICT NO.40
OR
Sheridan School District 48J OR

THE CATLIN GABEL SCHOOL OR

NORTH WASCO CTY SCHOOL
DISTRICT 21 - CHENOWITH
OR

CENTRAL CATHOLIC HIGH
SCHOOL
OR

CANYONVILLE CHRISTIAN

ACADEMY
OR

OUR LADY OF THE LAKE
SCHOOL
OR
NYSSA SCHOOL DISTRICT NO.
26 OR

ARLINGTON SCHOOL DISTRICT
NO. 3
OR

LIVINGSTONE ADVENTIST

ACADEMY
OR
Santiam Canyon SD 129J OR

WEST HILLS COMMUNITY
CHURCH
OR

BANKS SCHOOL DISTRICT OR

WILLAMETTE EDUCATION

SERVICE DISTRICT
OR
BAKER COUNTY SCHOOL DIST.
16J - MALHEUR ESD
OR

HARNEY EDUCATION SERVICE

DISTRICT
OR

GREATER ALBANY PUBLIC

SCHOOL DISTRICT
OR

LAKE OSWEGO SCHOOL
DISTRICT 7J
OR

SOUTHERN OREGON

EDUCATION SERVICE DISTRICT
OR

SILVER FALLS SCHOOL

DISTRICT
OR
St Helens School District OR

DAYTON SCHOOL DISTRICT
NO.8
OR
Amity School District 4-J OR

SCAPPOOSE SCHOOL DISTRICT
1J
OR

REEDSPORT SCHOOL DISTRICT OR

FOREST GROVE SCHOOL

DISTRICT
OR

DAVID DOUGLAS SCHOOL

DISTRICT
OR

LOWELL SCHOOL DISTRICT
NO.71
OR

TIGARD-TUALATIN SCHOOL

DISTRICT
OR

SHERWOOD SCHOOL DISTRICT
88J
OR

RAINIER SCHOOL DISTRICT OR

NORTH CLACKAMAS SCHOOL

DISTRICT
OR

MONROE SCHOOL DISTRICT
NO.1J
OR

CHILDPEACE MONTESSORI OR

HEAD START OF LANE COUNTY OR

HARNEY COUNTY SCHOOL
DIST. NO.3
OR

NESTUCCA VALLEY SCHOOL
DISTRICT NO.101
OR

ARCHBISHOP FRANCIS

NORBERT BLANCHET SCHOOL
OR

LEBANON COMMUNITY
SCHOOLS NO.9
OR
MT.SCOTT LEARNING CENTERS OR

SEVEN PEAKS SCHOOL OR

Page 434 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 72

DE LA SALLE N CATHOLIC HS OR

MULTISENSORY LEARNING

ACADEMY
OR

MITCH CHARTER SCHOOL OR

REALMS CHARTER SCHOOL OR
BAKER SCHOOL DISTRICT 5-J OR

PHILOMATH SCHOOL DISTRICT OR

CLACKAMAS EDUCATION

SERVICE DISTRICT
OR

CANBY SCHOOL DISTRICT OR

OREGON TRAIL SCHOOL
DISTRICT NO.46
OR

WEST LINN WILSONVILLE

SCHOOL DISTRICT
OR

MOLALLA RIVER SCHOOL
DISTRICT NO.35
OR

ESTACADA SCHOOL DISTRICT
NO.108
OR

GLADSTONE SCHOOL DISTRICT OR
ASTORIA SCHOOL DISTRICT 1C OR
SEASIDE SCHOOL DISTRICT 10 OR

NORTHWEST REGIONAL

EDUCATION SERVICE DISTRICT
OR

VERNONIA SCHOOL DISTRICT
47J
OR

SOUTH COAST EDUCATION

SERVICE DISTRICT
OR

COOS BAY SCHOOL DISTRICT
NO.9
OR

COOS BAY SCHOOL DISTRICT OR

NORTH BEND SCHOOL
DISTRICT 13
OR
COQUILLE SCHOOL DISTRICT 8 OR

MYRTLE POINT SCHOOL
DISTRICT NO.41
OR

BANDON SCHOOL DISTRICT OR

BROOKING HARBOR SCHOOL
DISTRICT NO.17-C
OR

REDMOND SCHOOL DISTRICT OR
DESCHUTES COUNTY SD NO.6 -

SISTERS SD
OR

DOUGLAS EDUCATION SERVICE

DISTRICT
OR

ROSEBURG PUBLIC SCHOOLS OR
GLIDE SCHOOL DISTRICT NO.12 OR

SOUTH UMPQUA SCHOOL
DISTRICT #19
OR

YONCALLA SCHOOL DISTRICT
NO.32
OR

ELKTON SCHOOL DISTRICT
NO.34
OR

DOUGLAS COUNTY SCHOOL
DISTRICT 116
OR

HOOD RIVER COUNTY SCHOOL

DISTRICT
OR

PHOENIX-TALENT SCHOOL
DISTRICT NO.4
OR

CENTRAL POINT SCHOOL
DISTRICT NO. 6
OR
JACKSON CO SCHOOL DIST NO.9 OR

ROGUE RIVER SCHOOL
DISTRICT NO.35
OR

MEDFORD SCHOOL DISTRICT
549C
OR
CULVER SCHOOL DISTRICT NO. OR

JEFFERSON COUNTY SCHOOL
DISTRICT 509-J
OR

GRANTS PASS SCHOOL
DISTRICT 7
OR

LOST RIVER JR/SR HIGH
SCHOOL
OR

KLAMATH FALLS CITY

SCHOOLS
OR

LANE COUNTY SCHOOL
DISTRICT 4J
OR

SPRINGFIELD SCHOOL
DISTRICT NO.19
OR

CRESWELL SCHOOL DISTRICT OR

SOUTH LANE SCHOOL DISTRICT
45J3
OR

LANE COUNTY SCHOOL
DISTRICT 69
OR

SIUSLAW SCHOOL DISTRICT OR

SWEET HOME SCHOOL
DISTRICT NO.55
OR
LINN CO. SCHOOL DIST. 95C -

SCIO SD
OR

ONTARIO MIDDLE SCHOOL OR
GERVAIS SCHOOL DIST. #1 OR

NORTH SANTIAM SCHOOL
DISTRICT 29J
OR

Page 435 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 73

JEFFERSON SCHOOL DISTRICT OR

SALEM-KEIZER PUBLIC

SCHOOLS
OR
MT. ANGEL SCHOOL DISTRICT
NO.91
OR

MARION COUNTY SCHOOL
DISTRICT 103 - WASHINGTON ES
OR

MORROW COUNTY SCHOOL

DISTRICT
OR

MULTNOMAH EDUCATION

SERVICE DISTRICT
OR

GRESHAM-BARLOW SCHOOL

DISTRICT
OR
DALLAS SCHOOL DISTRICT NO.
2 OR
CENTRAL SCHOOL DISTRICT 13J OR
St. Mary Catholic School OR

CROSSROADS CHRISTIAN
SCHOOL
OR
ST. ANTHONY SCHOOL OR
Pedee School OR

HERITAGE CHRISTIAN SCHOOL OR

BEND-LA PINE SCHOOL

DISTRICT
OR

GLENDALE SCHOOL DISTRICT OR

LINCOLN COUNTY SCHOOL

DISTRICT
OR

PORTLAND PUBLIC SCHOOLS OR

REYNOLDS SCHOOL DISTRICT OR

CENTENNIAL SCHOOL DISTRICT OR

NOBEL LEARNING

COMMUNITIES
OR
St. Stephen's Academy OR
McMinnville Adventist Christian
School
OR
Salem-Keizer 24J OR
McKay High School OR
Pine Eagle Charter School OR
Waldo Middle School OR

OAKLAND SCHOOL DISTRICT
001
OR
hermiston school district OR
Clear Creek Middle School OR
Marist High School OR
Victory Academy OR
Vale School District No. 84 OR
St. Mary School OR
Junction City High School OR
Three Rivers School District OR
Fern Ridge School District OR

JESUIT HIGH SCHL EXEC OFC OR

LASALLE HIGH SCHOOL OR
Southwest Christian School OR
Willamette Christian School OR
Westside Christian High School OR

CS LEWIS ACADEMY OR
Portland America School OR
Forest Hills Lutheran School OR
Mosier Community School OR
Koreducators Lep High OR
Warrenton Hammond School District OR
Sutherlin School District OR
Malheur Elementary School District OR
Ontario School District OR
Parkrose School District 3 OR
Riverdale School District 51J OR
Tillamook School District OR
Madeleine School OR
Union School District OR
Helix School District OR
Riddle School District OR
Ashbrook Independent School OR
Molalla River School District OR
Corvallis School District 509J OR
Falls City School District #57 OR
Portland Christian Schools OR

LUCKIAMUTE VALLEY

CHARTER SCHOOLS
OR
Insight School of Oregon Painted
Hills
OR
Deer Creek Elementary School OR
Yamhill Carlton School District OR
COLTON SCHL DIST 53 OR

HARRISBURG SCHL DIST OR
CENTRAL CURRY SCHL DIST#1 OR

BNAI BRITH CAMP OR

OREGON FOOD BANK OR

Page 436 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 74

HOSANNA CHRISTIAN SCHL OR

ABIQUA SCHL OR
Salem keizar school district OR
Scio High School OR
Athena Weston School District 29RJ OR
Butte Falls School District OR
Bend International School OR
Imbler School District #11 OR
monument school OR

PENDLETON SCHOOL DISTRICT
#16R
OR
Ohara Catholic School OR

MARCOLA SCHOOL DISTRICT
079J
OR

LINN-BENTON-LINCOLN ESD OR
Reynolds High School OR
St. Paul School District OR
Sabin-Schellenberg Technical Center OR
St Paul Parish School OR
Joseph School District OR
EagleRidge High School OR
Grant Community School OR
Hope chinese charter OR
Northwest Academy OR
Sunny Wolf Charter School OR

MCKENZIE SCHOOL DISTRICT
068
OR
L'Etoiile French Immersion School OR

LA GRANDE SCHOOL DISTRICT
001
OR
FOSSIL SCHOOL DISTRICT 21J OR
Marist Catholic High School OR
Springfield Public Schools OR
Elgin school dist. OR
PLEASANT HILL SCH DIST #1 OR
Ukiah School District 80R OR
Lake Oswego Montessori School OR
North Powder Charter School OR
Siletz Valley School OR
French American School OR
Mastery Learning Institute OR
North Lake School District 14 OR
Early College High School OR

GILLIAM COUNTY OREGON OR

UMATILLA COUNTY, OREGON OR

DOUGLAS ELECTRIC
COOPERATIVE, INC.

OR

MULTNOMAH LAW LIBRARY OR
clackamas county OR

CLATSOP COUNTY OR

COLUMBIA COUNTY, OREGON OR
coos county OR

CROOK COUNTY ROAD

DEPARTMENT
OR

CURRY COUNTY OREGON OR

DESCHUTES COUNTY OR

GILLIAM COUNTY OR

GRANT COUNTY, OREGON OR

HARNEY COUNTY SHERIFFS
OFFICE
OR

HOOD RIVER COUNTY OR
jackson county OR
josephine county OR
klamath county OR

LANE COUNTY OR

LINN COUNTY OR

MARION COUNTY , SALEM,
OREGON
OR

MULTNOMAH COUNTY OR

SHERMAN COUNTY OR

WASCO COUNTY OR

YAMHILL COUNTY OR

WALLOWA COUNTY OR

ASSOCIATION OF OREGON

COUNTIES
OR

NAMI LANE COUNTY OR

BENTON COUNTY OR

DOUGLAS COUNTY OR

JEFFERSON COUNTY OR

LAKE COUNTY OR

LINCOLN COUNTY OR

POLK COUNTY OR

UNION COUNTY OR

WASHINGTON COUNTY OR

MORROW COUNTY OR
Mckenzie Personnel Services OR

Page 437 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 75

Washington County Facilities & Park
Services
OR
Multnomah County Department of
Community Justice
OR
NORCOR Juvenile Detention OR
Tillamook County Estuary OR
Job Council OR

BAKER CNTY GOVT OR

TILLAMOOK CNTY OR
Multnomah County Dept of County
Assets
OR
Wheeler County OR
Clackamas County Service District #
1/Tri-City Service District
OR
Resource Connections of Oregon OR
Lane County Sheriff's Office OR
Clatsop County Sheriff's Office OR
Harney County Community
Corrections
OR
Grant County Economic
Developement
OR
Clackamas County Juvenile Dept OR
Columbia Basin Care Facility OR
City of Seaside Police Department OR
Tamarack Aquatic Center OR
Seven Feathers Casino OR
Oliver P Lent PTA OR
Willamette Valley Rehab Center OR
St Paul Baptist Church OR
Long Tom Watershed Council OR
San Martin Deporres Catholic Church OR
Portland Parks Foundation OR
Sweet Home United Methodist
Church
OR
Cedar Hills Baptist Church OR
Good Samaritan Ministries OR
Unitarian Universalist Church in
Eugene
OR
Emmanuel Bible Church OR
Portland Community Media OR
La Pine Chamber of Commerce OR
Stone Creek Christian Church OR
Rogue Valley Youth Football OR
Bend Elks Lodge 1371 OR
Friendly House, Inc. OR
Klamath Siskiyou Wildlands Center OR
Grants Pass Seventh-day Adventist
Church
OR
Corvallis Waldorf School OR
Farmworkers Housing Development
Corporation
OR
World Forestry Center OR
Adapt OR
Kid Time OR
Oregon Farm Bureau OR
Mt Emily Safe Center OR
Salem First Presbyterian Church OR
Rolling Hills Baptist Church OR
Baker Elks OR
Gates Community Church of Christ OR
PIP Corps LLC OR
Turtle Ridge Wildlife Center OR
Grande Ronde Model Watershed
Foundation
OR
Western Environmental Law Center OR
Oregon District 7 Little League OR
Mercy Flights, Inc. OR
Metropolitan Contractor
Improvement Partnership
OR
The Christian Church of Hillsboro
Oregonb
OR
Congregation Neveh Shalom OR
My Fathers House OR
Step Forward Activities Inc OR
HHoly Trinity Greek Orthodox
Cathedral
OR
MECOP Inc. OR
Workforce Northwest Inc OR
Lane Arts Council OR
Building Healthy Family OR
Intergral Youth Services OR
Children Center At Trinity OR
Beaverton Christians Church OR
Oregon Humanities OR
St. Pius X School OR

Page 438 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 76

Community Connection of Northeast
Oregon, Inc.

OR
St Mark Presbyterian Church OR
Living Opportunities, Inc. OR
Coos Art Museum OR

OETC OR
Blanchet House of Hospitality OR
Garten Services Inc OR
Incite Incorporated OR
Merchants Exchange of Portland,
Oregon
OR
Coalition for a Livable Future OR
West Salem United Methodist OR
Central Oregon Visitors Association OR
Soroptimist International of Gold
Beach, OR
OR
Real Life Christian Church OR
Dayton Christian Church OR
Delphian School OR

AVON OR
EPUD-Emerald People's Utility
District
OR
Human Solutions, Inc. OR
The Wallace Medical Concern OR
Boys & Girls Club of Salem, Marion
& Polk Counties
OR
The Ross Ragland Theater and
Cultural Center
OR
Cascade Health Solutions OR
Umpqua Community Health Center OR

ALZHEIMERS NETWORK OF
OREGON
OR

NATIONAL WILD TURKEY

FEDERATION
OR

TILLAMOOK ESTUARIES

PARTNERSHIP
OR

LIFEWORKS NW OR
Independent Development Enterprise
Alliance
OR

MID-WILLAMETTE VALLEY

COMMUNITY ACTION AGENCY,
INC
OR

HALFWAY HOUSE SERVICES,
INC.

OR

REDMOND PROFICIENCY

ACADEMY
OR

OHSU FOUNDATION OR

SHELTERCARE OR

PRINGLE CREEK SUSTAINABLE

LIVING CENTER
OR

PACIFIC INSTITUTES FOR

RESEARCH
OR
Mental Health for Children, Inc. OR
The Dreaming Zebra Foundation OR

LAUREL HILL CENTER OR

THE OREGON COMMUNITY

FOUNDATION
OR

OCHIN OR

WE CARE OREGON OR

SE WORKS OR

ENTERPRISE FOR EMPLOYMENT

AND EDUCATION
OR

OMNIMEDIX INSTITUTE OR

PORTLAND BUSINESS

ALLIANCE
OR

GATEWAY TO COLLEGE

NATIONAL NETWORK
OR

FOUNDATIONS FOR A BETTER
OREGON
OR

GOAL ONE COALITION OR

ATHENA LIBRARY FRIENDS

ASSOCIATION
OR
Coastal Family Health Center OR

CENTER FOR COMMUNITY
CHANGE
OR

STAND FOR CHILDREN OR
ST. VINCENT DEPAUL OF LANE
COUNTY
OR

EAST SIDE FOURSQUARE
CHURCH
OR

CORVALLIS MOUNTAIN

RESCUE UNIT
OR
InventSuccess OR

SHERIDAN JAPANESE SCHOOL

FOUNDATION
OR
The Blosser Center for Dyslexia
Resources
OR

MOSAIC CHURCH OR

Page 439 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 77

HOUSING AUTHORITY OF

LINCOLN COUNTY
OR

RENEWABLE NORTHWEST

PROJECT
OR

INTERNATIONAL SUSTAINABLE

DEVELOPMENT FOUNDATION
OR

CONSERVATION BIOLOGY

INSTITUTE
OR

THE NATIONAL ASSOCIATION

OF CREDIT MANAGEMENT-
OREGON, INC.

OR

BLACHLY LANE ELECTRIC

COOPERATIVE
OR

MORNING STAR MISSIONARY

BAPTIST CHURCH
OR

NORTHWEST FOOD

PROCESSORS ASSOCIATION
OR

INDEPENDENT INSURANCE

AGENTS AND BROKERS OF
OREGON
OR

OREGON EDUCATION

ASSOCIATION
OR

HEARING AND SPEECH

INSTITUTE INC
OR

SALEM ELECTRIC OR

MORRISON CHILD AND FAMILY

SERVICES
OR

JUNIOR ACHIEVEMENT OR

CENTRAL BIBLE CHURCH OR

MID COLUMBIA MEDICAL

CENTER-GREAT 'N SMALL
OR

TRILLIUM FAMILY SERVICES,
INC.

OR

YWCA SALEM OR

PORTLAND ART MUSEUM OR

SAINT JAMES CATHOLIC
CHURCH
OR

SOUTHERN OREGON HUMANE

SOCIETY
OR

VOLUNTEERS OF AMERICA
OREGON
OR

CENTRAL DOUGLAS COUNTY

FAMILY YMCA
OR

METROPOLITAN FAMILY

SERVICE
OR

OREGON MUSUEM OF SCIENCE

AND INDUSTRY
OR

FIRST UNITARIAN CHURCH OR
ST. ANTHONY CHURCH OR
Good Shepherd Medical Center OR
Salem Academy OR

GEN CONF OF SDA CHURCH

WESTERN OR
OR

PORTLAND ADVENTIST

ACADEMY
OR

ST VINCENT DE PAUL OR

OUTSIDE IN OR

UNITED CEREBRAL PALSY OF

OR AND SW WA
OR
WILLAMETTE VIEW INC. OR

PORTLAND HABILITATION
CENTER, INC.

OR

OREGON STATE UNIVERSITY

ALUMNI ASSOCIATION
OR
ROSE VILLA, INC. OR

NORTHWEST LINE JOINT

APPRENTICESHIP & TRAINING

COMMITTEE
OR

BOYS AND GIRLS CLUBS OF

PORTLAND METROPOLITAN
AREA
OR

ROGUE FEDERAL CREDIT
UNION
OR
Oregon Research Institute OR

WILLAMETTE LUTHERAN

HOMES, INC
OR

LANE MEMORIAL BLOOD BANK OR

PORTLAND JEWISH ACADEMY OR

LANECO FEDERAL CREDIT
UNION
OR

GRANT PARK CHURCH OR
ST. MARYS OF MEDFORD, INC. OR

US CONFERENCE OF

MENONNITE BRETHREN

CHURCHES
OR

FAITHFUL SAVIOR MINISTRIES OR

OREGON CITY CHURCH OF THE

NAZARENE
OR

OREGON COAST COMMUNITY OR

Page 440 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 78

ACTION

EDUCATION NORTHWEST OR

COMMUNITY ACTION TEAM,
INC.

OR

EUGENE SYMPHONY
ASSOCIATION, INC.

OR

STAR OF HOPE ACTIVITY
CENTER INC.

OR

SPARC ENTERPRISES OR

SOUTHERN OREGON CHILD
AND FAMILY COUNCIL, INC.

OR

SALEM ALLIANCE CHURCH OR
Lane Council of Governments OR

FORD FAMILY FOUNDATION OR

TRAILS CLUB OR

NEWBERG FRIENDS CHURCH OR

WOODBURN AREA CHAMBER

OF COMMERCE
OR

CONTEMPORARY CRAFTS

MUSEUM AND GALLERY
OR

CITY BIBLE CHURCH OR

OREGON LIONS SIGHT &

HEARING FOUNDATION
OR

PORTLAND WOMENS CRISIS
LINE
OR

THE SALVATION ARMY -

CASCADE DIVISION
OR

WILLAMETTE FAMILY OR

WHITE BIRD CLINIC OR

GOODWILL INDUSTRIES OF

LANE AND SOUTH COAST

COUNTIES
OR

PLANNED PARENTHOOD OF

SOUTHWESTERN OREGON
OR

HOUSING NORTHWEST OR

OREGON ENVIRONMENTAL

COUNCIL
OR

MEALS ON WHEELS PEOPLE,
INC.

OR

FAITH CENTER OR
Bob Belloni Ranch, Inc. OR

GOOD SHEPHERD

COMMUNITIES
OR

SACRED HEART CATHOLIC

DAUGHTERS
OR
HELP NOW! ADVOCACY
CENTER
OR

TENAS ILLAHEE CHILDCARE
CENTER
OR

SUNRISE ENTERPRISES OR

LOOKING GLASS YOUTH AND

FAMILY SERVICES
OR

SERENITY LANE OR

EAST HILL CHURCH OR

LA GRANDE UNITED

METHODIST CHURCH
OR

COAST REHABILITATION

SERVICES
OR
Edwards Center Inc OR

ALVORD-TAYLOR

INDEPENDENT LIVING

SERVICES
OR

NEW HOPE COMMUNITY
CHURCH
OR

KLAMATH HOUSING

AUTHORITY
OR

QUADRIPLEGICS UNITED
AGAINST DEPENDENCY, INC.

OR
SPONSORS, INC. OR

COLUMBIA COMMUNITY

MENTAL HEALTH
OR

ADDICTIONS RECOVERY

CENTER, INC
OR

METRO HOME SAFETY REPAIR

PROGRAM
OR

OREGON SUPPORTED LIVING

PROGRAM
OR
SOUTH COAST HOSPICE, INC. OR

ALLFOURONE/CRESTVIEW
CONFERENCE CTR.

OR
The International School OR

REBUILDING TOGETHER -
PORTLAND INC.

OR

PENDLETON ACADEMIES OR

PACIFIC FISHERY

MANAGEMENT COUNCIL
OR
DOGS FOR THE DEAF, INC. OR

PUBLIC DEFENDER SERVICES
OF LANE COUNTY, INC.

OR

Page 441 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 79

EMMAUS CHRISTIAN SCHOOL OR

DELIGHT VALLEY CHURCH OF
CHRIST
OR

SAINT CATHERINE OF SIENA
CHURCH
OR

PORT CITY DEVELOPMENT
CENTER
OR

VIRGINIA GARCIA MEMORIAL

HEALTH CENTER
OR

CENTRAL CITY CONCERN OR

CANBY FOURSQUARE CHURCH OR

EMERALD PUD OR

VERMONT HILLS FAMILY LIFE
CENTER
OR

BENTON HOSPICE SERVICE OR

INTERNATIONAL SOCIETY FOR

TECHNOLOGY IN EDUCATION
OR

COMMUNITY CANCER CENTER OR

OPEN MEADOW ALTERNATIVE
SCHOOLS, INC.

OR

CASCADIA BEHAVIORAL

HEALTHCARE
OR

WILD SALMON CENTER OR
BROAD BASE PROGRAMS INC. OR

SUNNYSIDE FOURSQUARE
CHURCH
OR

TRAINING EMPLOYMENT

CONSORTIUM
OR

RELEVANT LIFE CHURCH OR
211INFO OR

SONRISE CHURCH OR

LIVING WAY FELLOWSHIP OR
Women's Safety & Resource Center OR

SEXUAL ASSAULT RESOURCE
CENTER
OR

IRCO OR

NORTHWEST YOUTH CORPS OR

TILLAMOOK CNTY WOMENS

CRISIS CENTER
OR

SECURITY FIRST CHILD

DEVELOPMENT CENTER
OR

CLASSROOM LAW PROJECT OR
YOUTH GUIDANCE ASSOC. OR

PREGNANCY RESOUCE

CENTERS OF GRETER

PORTLAND
OR

ELMIRA CHURCH OF CHRIST OR

JASPER MOUNTAIN OR

ACUMENTRA HEALTH OR

WORKSYSTEMS INC OR

COVENANT CHRISTIAN HOOD
RIVER
OR

OREGON DONOR PROGRAM OR

NAMI OREGON OR

OLIVET BAPTIST CHURCH OR

SILVERTON AREA COMMUNITY
AID
OR

CONFEDERATED TRIBES OF

GRAND RONDE
OR

NEIGHBORIMPACT OR

CATHOLIC COMMUNITY

SERVICES
OR

NEW AVENUES FOR YOUTH INC OR

LA CLINICA DEL CARINO

FAMILY HEALTH CARE CENTER
OR

DECISION SCIENCE RESEARCH
INSTITUTE, INC.

OR

WESTERN STATES CENTER OR

HIV ALLIANCE, INC OR

PARTNERSHIPS IN COMMUNITY
LIVING, INC.

OR

FANCONI ANEMIA RESEARCH
FUND INC.

OR

BLIND ENTERPRISES OF
OREGON
OR

OREGON BALLET THEATRE OR

SMART OR
All God's Children International OR

FARMWORKER HOUISNG DEV
CORP
OR

UMPQUA COMMUNITY

DEVELOPMENT CORPORATION
OR

REGIONAL ARTS AND CULTURE

COUNCIL
OR

THE EARLY EDUCATION
PROGRAM, INC.

OR

MACDONALD CENTER OR

Page 442 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 80

EVERGREEN AVIATION
MUSEUM AND CAP. MICHAEL
KING.

OR
SELF ENHANCEMENT INC. OR

FRIENDS OF THE CHILDREN OR

SOUTH LANE FAMILY NURSERY

DBA FAMILY RELIEF NURSE
OR

COMMUNITY VETERINARY
CENTER
OR

PORTLAND SCHOOLS

FOUNDATION
OR

SUSTAINABLE NORTHWEST OR

OREGON DEATH WITH DIGNITY OR

BIRCH COMMUNITY SERVICES,
INC.

OR
BAY AREA FIRST STEP, INC. OR

OSLC COMMUNITY PROGRAMS OR
EN AVANT, INC. OR

ASHLAND COMMUNITY

HOSPITAL
OR

NORTHWEST ENERGY

EFFICIENCY ALLIANCE
OR

BONNEVILLE ENVIRONMENTAL

FOUNDATION
OR

SUMMIT VIEW COVENANT
CHURCH
OR
SALMON-SAFE INC. OR

BETHEL CHURCH OF GOD OR

PROVIDENCE HOOD RIVER

MEMORIAL HOSPITAL
OR

SAINT ANDREW NATIVITY
SCHOOL
OR

BARLOW YOUTH FOOTBALL OR

SPOTLIGHT THEATRE OF

PLEASANT HILL
OR

FAMILIES FIRST OF GRANT
COUNTY, INC.

OR

TOUCHSTONE PARENT

ORGANIZATION
OR

CANCER CARE RESOURCES OR

CASCADIA REGION GREEN

BUILDING COUNCIL
OR

SHERMAN DEVELOPMENT
LEAGUE, INC.

OR

SCIENCEWORKS OR

WORD OF LIFE COMMUNITY
CHURCH
OR

SOCIAL VENTURE PARTNERS

PORTLAND
OR

OREGON PROGRESS FORUM OR

CENTER FOR RESEARCH TO

PRACTICE
OR

WESTERN RIVERS

CONSERVANCY
OR

UNITED WAY OF THE

COLUMBIA WILLAMETTE
OR

EUGENE BALLET COMPANY OR

EAST WEST MINISTRIES

INTERNATIONAL
OR

SISKIYOU INITIATIVE OR

EDUCATIONAL POLICY

IMPROVEMENT CENTER
OR
North Pacific District of Foursquare
Churches
OR

CATHOLIC CHARITIES OR

FIRST CHURCH OF THE

NAZARENE
OR

WESTSIDE BAPTIST CHURCH OR
Housing Development Center OR
Hoodview Christian Church OR
Child Evangelism Fellowship OR
Little Promises Chlildren's Program OR

UNION GOSPEL MISSION OR

GRACE BAPTIST CHURCH OR

COMMUNITY ACTION

ORGANIZATION
OR

OUTSIDE IN OR

MAKING MEMORIES BREAST
CANCER FOUNDATION, INC.

OR

ELAW OR

COMMUNITY HEALTH CENTER,
INC
OR
Greater Portland INC OR
Eugene Builders Exchange OR
Boys & Girls Club of Corvallis OR
Southeast Uplift Neighborhood
Coalition
OR
First United Presbyterian Church OR
PDX Wildlife OR

Page 443 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 81

Friends of the Opera House OR
Jackson-Josephine 4-C Council OR
North Coast Family Fellowship OR

P E C I OR
Childswork Learning Center OR
Portland Schools Alliance OR
New Artists Performing Arts
Productions, Inc.

OR
Relief Nursery OR
St. Mary's Episcopal Church OR
Viking Sal Senior Center OR
Boys and Girls Club of the rogue
valley
OR
Lincoln City Chamber of Commerce OR
DrupalCon Inc., DBA Drupal
Association
OR
Albany Partnership for Housing and
Community Development
OR

SEED OF FAITH MINISTRIES OR
Hermiston Christian Center & School OR

SALEM FREE CLINICS OR
Dress for Success Oregon OR
Beaverton Rock Creek Foursquare
Church
OR
St Paul Catholic Church OR
St Mary's Catholic School and Parish OR
Polk Soil and Water Conservation
District
OR
Street Ministry OR
La Grande Church of the Nazarene OR
Spruce Villa, Inc. OR

OREGON SCHOOL BOARDS

ASSOCIATION
OR
House of Prayer for All Nations OR
Sacred Heart Catholic Church OR
African American Health Coaliton,
Inc.

OR
Happy Canyon Company OR
Village Home Education Resource
Center
OR
Monet's Children's Circle OR
Cascade Housing Association OR
Dayspring Fellowship OR
Northwest Habitat Institute OR
Winding Waters Medical Clinic OR
First Baptist Church OR
The Nature Conservancy, Willamette
Valley Field Office
OR
Serenity Lane Health Services OR
Portland Community Reinvestment
Initiatives, Inc.

OR
Christians As Family Adovates OR
GeerCrest Farm & Historical Society OR
College United Methodist Church OR
The Collins Foundation OR
Prince of Peace Lutheran Church &
School
OR

NEDCO OR
Salem Evangelical Church OR
Wild Lilac Child Development
Community
OR
Daystar Education, Inc. OR
Oregon Social Learning Center OR
Pain Society of Oregon OR
environmental law alliance worldwide OR
Community in Action OR
Safe Harbors OR

FIRST CHRISTIAN CHURCH OR
Pacific Classical Ballet OR
Depaul Industries OR
African American Health Coalition OR
Jesus Prayer Book OR
Coalition Of Community Health OR
River Network OR
CCI Enterprises Inc OR
Oregon Nurses Association OR

GOODWILL INDUSTRIES OF THE

COLUMBIA WILLAMETTE
OR
Mount Angel Abbey OR

YMCA OF ASHLAND OR

YMCA OF COLUMBIA-

WILLAMETTE ASSOCIATION

SERVICES
OR
Multnomah Law Library OR
Friends Of Tryon Creek State P OR

Page 444 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 82

Ontrack Inc. OR
Calvin Presbyterian Church OR

HOLT INTL CHILD OR
St John The Baptist Catholic OR
Portland Foursquare Church OR
Portland Christian Center OR
Church Extension Plan OR
Occu Afghanistan Relief Effort OR

EUGENE FAMILY YMCA OR
Christ The King Parish and School OR
Newberg Christian Church OR
First United Methodist Church OR
Zion Lutheran Church OR
Southwest Bible Church OR
Community Works Inc OR
Masonic Lodge Pearl 66 OR
Molalla Nazarene Church OR
Transition Projects, Inc OR
St Michaels Episcopal Church OR
Saint Johns Catholich Church OR
Access Inc OR
Community Learning Center OR
Old Mill Center for Children and
Families
OR
Sunny Oaks Inc OR
Hospice Center Bend La Pine OR
Westside Foursquare Church OR
Relief Nursery Inc OR
Morning Star Community Church OR

MULTNOMAH DEFENDERS INC OR
Providence Health System OR
Holy Trinity Catholic Church OR
Holy Redeemer Catholic Church OR
Alliance Bible Church OR

CARE OREGON OR
Mid Columbia Childrens Council OR

HUMANE SOCIETY OF

REDMOND
OR
Our Redeemer Lutheran Church OR
Kbps Public Radio OR
Skyball Salem Keizer Youth Bas OR
Open Technology Center OR
Grace Chapel OR
CHILDREN'S MUSEUM 2ND OR
Solid Rock OR
West Chehalem Friends Church OR
Guide Dogs For The Blind OR
Aldersgate Camps and Retreats OR
St. Katherine's Catholic Church OR
The Alliance NW of the Christian &
Missionary Alliance
OR
Bags of Love OR
Grand View Baptist Church OR
Green Electronics Council OR
Scottish Rite OR
Western Wood Products Association OR

THE NEXT DOOR OR

NATIONAL PSORIASIS

FOUNDATION
OR

NEW BEGINNINGS CHRISTIAN
CENTER
OR

HIGHLAND UNITED CHURCH OF
CHRIST
OR

OREGON REPERTORY SINGERS OR

HIGHLAND HAVEN OR

FAIR SHARE RESEARCH AND

EDUCATION FUND
OR
Oregon Satsang Society, Inc., A
chartered Affiliate of ECKANKAR ,
ECKA
OR
First Baptist Church of Enterprise OR
The Canby Center OR

REDMOND FIRE & RESCUE OR
Instituto de Cultura y Arte In Xochitl
In Cuicatl
OR
McKenzie Personnel Systems OR

OSLC COMMUNITY PROGRAMS
OCP
OR
Oregon Nikkei Endowment OR
Grace Community Church OR
Eastern Oregon Alcoholism
Foundation
OR
Grantmakers for Education OR
The Spiral Gallery OR
The ALS Association Oregon and SW
Washington Chapter
OR

Page 445 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 83

Children's Relief Nursery OR
Home Builders OR
New Life Baptist Church OR
Feral Cat Awareness Team OR
Florence United Methodist Church OR
World of Speed OR
SW Community Health Center OR
Energy Trust of Oregon OR
St. Vincent de Paul Church OR
Fr. Bernard Youth Center OR
Oregon Psychoanalytic Center OR
Store to Door OR
Oregon Translational Research and
Development Insitute
OR
Depaul Industries OR

OUR LADY OF PERPETUAL HELP

CATHOLIC CHURCH ALBANY
OREGON
OR
SELCO Community Credit Union OR
Prairie Baptist Church OR
North Coast Christian Church OR
Union County Economic
Development Corp.

OR
Camelto Theatre Company OR
Camp Fire Columbia OR

TAKE III OUTREACH OR
Rolling Hills Community Church OR
Eugene Swim and Tennis Club OR
Summa Institute OR
Amani Center OR
Billy Webb Elks lodge #1050 OR
Silverton Senior Center OR
First Evangelical Presbyterian Church
of Oregon City
OR
Joyful Servant Lutheran Church OR
Sandy Seventh-day Adventist Church OR
Muddy Creek Charter School OR

A FAMILY FOR EVERY CHILD OR
1000 FRIENDS OF OREGON OR

OREGON PEDIATRIC SOCIETY OR

NONPROFIT ASSOCIATION OF
OREGON
OR

LUKE DORF INC OR

FAMILY CARE INC OR

MEDICAL TEAMS INTL OR
Clean Slate Canine Rescue &
Rehabilitation
OR
St. Martins Episcopal church OR
Food for Lane County OR
Clatsop Behavioral Healthcare OR
columbia gorge discovery center and
museum
OR
NAMI of Washington County OR
American Legion Aloha Post 104 OR
The Dalles Art Association OR
Temple Beth Israel OR
Willamette Leadership
Academy/Pioneer Youth Corps Of
Oregon
OR
Rose Haven OR
Dallas Church OR

OREGON STATE UNIVERSITY

BOOKSTORE INC
OR

NORTH WILLAMETTE VALLEY

HABITAT FOR HUMANITY
OR

FAIRFIELD BAPTIST CHURCH OR
Sexual Assault Support Services OR
Neskowin Valley School OR

RON WILSON CENTER FOR

EFFECTIVE LIVING INC
OR
St. Joseph Shelter OR
The Inn Home for Boys, Inc.9138 OR

MCKENZIEWATERSHED

COUNCIL
OR
Opportunity Connections OR

MENNONITE HOME OF ALBANY
INC
OR
Oregon Technical Assistance
Corporation
OR
Oregon And Southern Idaho Laborers
Employers Training School
OR
New Life Fellowship Church of God OR
Gladstone Senior Center OR
Education Travel & Culture, Inc. OR

Page 446 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 84

Rural Development Initiatives OR
Jason Lee Manor/UMRC OR
Jesus Pursuit Church OR
YMCA of Marion and Polk Counties OR
PacificSource Health OR
Faith Christian Fellowship OR
Brookings Elks Lodge OR
Tualatin Lacrosse Club OR
Tillamook Seventh Day Adventist
Church
OR
Oregon Jewish Community
Foundation
OR
East River Fellowship OR
Holy Family Academy OR

FIRST BAPTIST CHURCH OF
EUGENE
OR

PORTLAND METRO

RESIDENTIAL SERVICES
OR
Peace Lutheran Church OR
Living Word Christian Center OR
Housing Authority of Douglas
County
OR
Vietnamese Christian Community
Church
OR
Forest Park Conservancy OR
Friends for Animals OR
Family Building Blocks OR
Goodwill Industries of Lane and
South Coast
OR
Agia Sophia Academy OR
Friends of Driftwood Library OR
Consumers Power Inc. OR
A. C. Gilbert's Discovery Village OR
First Lutheran Church of Astoria OR
Fund For Christian Charity OR
Deer Meadow Assisted Living OR
Oregon Laborers-Employer
Administrative Fund, LLC
OR
Umpqua Basin Water Association OR
Alpha Lambda House Corporation OR
St John Fisher Catholic Church
Portland Oregon
OR
Eugene Creative Care OR
The Church of Christ of Latter Day
Saints
OR
Cascade Height Public Charter
School PTA
OR
G.O.B.H.I OR
Association of Oregon Corrections
EMployees, Inc.

OR
A Jesus Church Family OR
300 Main Inc OR
Southwestern Oregon Public
Defender Services, Inc.

OR
Albertina Kerr Centers OR
Dufur Christian Church OR
St. Matthew Catholic School OR
Serendipity Center Inc OR
Yellowhawk Tribal Health OR
CASA of Marion County OR
Oregoinans for Food & Shelter OR
Westside Church of Christ Inc OR
Northwest Family Services OR
Network Charter School OR
Ride Connecton OR
Parenting Now! OR
Christian Church of Woodburn OR
Verde OR
Native American Youth and Family
Center Early College Academy
OR
USO Northwest OR
Norkenzie Christian Church OR
Little Flower Development Center OR
TLO Farms OR
Evergreen Wings and Waves OR
Ascension Episcopal Parish OR
Center for Family Development OR
West Salem Foursquare Church OR
Good Samaritan Ministry OR
Grace Lutheran Church of Molalla OR
Trinity Lutheran OR

HOPE LUTHERAN CHURCH OR
Mount Pisgah Arboretum OR
Redeemer Lutheran Church OR
Disjecta Contemporary Art Center OR

Page 447 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 85

Korean Central Covenant Church of
Eugene
OR
Yankton Baptist Church OR
BioGift Anatomical OR
Lower Columbia Estuary Partnership OR
Mt Hood Hospice OR
Opportunity Foundation of central
Oregon
OR
Constructing Hope OR
Sprinkfield Elks #2145 OR
Abuse Recovery Ministry & Services OR
Oasis Shelter Home OR

ST HENRYS CHURCH OR
Nehalem Bay House OR

UNITED METHODIST CHURCH OR
p:ear OR
Health Share of Oregon OR
St. Peter Catholic Church OR
Mid Willamette Valley Community
Action
OR
A Hope For Autism Foundation OR
NW Sport Fishing OR
Breast Friends OR
SEPTL Southeast Portland Tool
Library
OR
Kids Unllimited Academy OR
Cappella Romana OR
National Christian Community
Foundation
OR
Legal Aid Services of Oregon LITC OR
Willamette Valley Babe Ruth OR
Center For Continuous Improvement OR
Northwest Center for Alternatives to
Pesticides
OR
Junction City/Harrisburg/Monroe
Habitat for Humanity
OR
The Followers of Christ Church of
Oregon City
OR
SEIU Local 49 OR
Emerald Media Group OR
West Hills Christian School OR
Trillium Sprigs OR
Smith Memorial Presbyterian Church OR
Western Arts Alliance OR
Youth Dynamics OR
Ashland Art Center OR
Apostolic Church of Jesus Christ OR

DOUGLAS FOREST PROTECTIVE OR
Oregon Lyme Disease Network OR
Ecotrust OR

SPECIAL MOBILITY SERVICES OR
Bethlehem Christian Pre-School OR
Historical Outreach Foundation OR
Teras Interventions and Counseling
Inc
OR
Brooklyn Primary PTO OR
Mountain View Academy OR
Salem Area Chamber of Commerce OR
First Congregational Chrch OR

OREGON STATE FAIR OR
Tri-County Chamber of Commerce
Inc
OR
Ronald McDonald House Charities of
Oregon & Southwest Washington
OR
Center for Human Development OR
SafeHaven Humane Society OR
Rainier Assembly of God OR

EUGENE CHRISTIAN

FELLOWSHIP
OR
Bridges to Change OR
DePaul Treatment Centers, Inc. OR
Ministerio International Casa OR
New Paradise Worship Center OR
Mission Increase Foundation OR
Curry Public Transit Inc OR

THREE RIVERS CASINO OR
Brookings Harbor Christian School OR
Bethesda Lutheran Church OR
Legacy Mt. Hood Medical Center OR
Adelante Mujeres OR
Yamhill Community Care
Organization
OR
Portland Japanese Garden OR
The Madeleine Parish OR
The Tucker-Maxon Oral School OR

Page 448 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 86

Southwest Neighborhoods, Inc OR
Wallowa Valley Center For Wellness OR

KIDS INTERVENTION AND

DIAGNOSTIC CENTER
OR
Portland Yacht Club OR
League of Women Voters OR
Oregon & Southern Idaho District
Council of Laborers'
OR
Portland Police Sunshine Division OR
Curry Health Network OR
United Way of Lane County OR
The Lighthouse School OR
Great Portland Bible OR
College Possible OR
Unithed Way OR
Community Energy Project OR
Bridgeport Community Chapel OR
Portland Oregon Visitors Association OR
Southern Oregon Project Hope OR
Our United Villages OR
Samaritan Health Services Inc. OR
Santiam Assembly of God OR

CASCADES WEST FINANCIAL

SERVICES IN
OR
Kilchis House OR
Calvary Assembly of God OR
Lake Grove Presbyterian Church OR
Grace Lutheran School OR
Western Mennonite School OR

OEA CHOICE TRUST OR
American Tinnitus Association OR
Oregon Coast Aquarium, Inc. OR

HOPE POINT CHURCH OR
Unitus Community Credit Union OR
St John the Baptist Greek Orthodox
Church
OR

COLUMBIA PACIFIC ECONOMIC

DEVELOPMENT DISTRICT OF
OREGON
OR
St Andrews Presbyterian OR
Oregon Rural Electric Cooperative
Association
OR

THE MILL CASINO OR
Oregon State University OR
Treasure Valley Community College OR
Unviersity of Oregon OR

OREGON UNIVERSITY SYSTEM OR
University of Western States OR

GEORGE FOX UNIVERSITY OR

LEWIS AND CLARK COLLEGE OR

PACIFIC UNIVERSITY OR

REED COLLEGE OR

WILLAMETTE UNIVERSITY OR

LINFIELD COLLEGE OR

MULTNOMAH BIBLE COLLEGE OR

NORTHWEST CHRISTIAN

COLLEGE
OR

NATIONAL COLLEGE OF

NATURAL MEDICINE
OR

BLUE MOUNTAIN COMMUNITY

COLLEGE
OR
PORTLAND STATE UNIV. OR

CLACKAMAS COMMUNITY

COLLEGE
OR

MARYLHURST UNIVERSITY OR

OREGON HEALTH AND SCIENCE

UNIVERSITY
OR

BIRTHINGWAY COLLEGE OF

MIDWIFERY
OR
pacific u OR

UNIVERSITY OF OREGON OR

CONCORDIA UNIV OR
Marylhurst University OR
Corban College OR
Oregon Center For Advanced T OR

UNIVERSITY OF PORTLAND OR
Portland Actors Conservatory OR
University Of Oregon Athletics
Department
OR
Ecola Bible School OR

WARNERPACIFIC COLG OR
Beta Omega Alumnae OR
Oregon Institute of Technology OR

EASTERN OREGON UNIVERSITY OR
Wilco Farmers OR

Page 449 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 87

Harvest Church OR
Sociecty of American Foresters OR
Clackamas River Water Providers OR
eickhoff dev co inc OR
Cornerstone Association Inc OR
The Klamath Tribe OR
advocate care OR
Cannon Beach Fire OR
Life Flight Network LLC OR

OREGON DEPT OF FISH &

WILDLIFE-SAUVIE
OR

COVENANT RETIREMENT

COMMUNITIES
OR

PENTAGON FEDERAL CREDIT
UNION
OR

SAIF CORPORATION OR

GREATER HILLSBORO AREA

CHAMBER OF COMMERCE
OR

LANE ELECTRIC COOPERATIVE OR

USAGENCIES CREDIT UNION OR

PACIFIC CASCADE FEDERAL

CREDIT UNION
OR

LOCAL GOVERNMENT

PERSONNEL INSTITUTE
OR

GRANTS PASS MANAGEMENT

SERVICES, DBA
OR

SPIRIT WIRELESS OR
Kartini Clinic OR
Astra OR
Beit Hallel OR
Cvalco OR
Elderhealth and Living OR

OREGON CORRECTIONS

ENTERPRISES
OR

OREGON STATE HOSPITAL OR

OFFICE OF PUBLIC DEFENSE

SERVICES
OR
Clatskanie People's Utility District OR

PIONEER COMMUNITY

DEVELOPMENT
OR

MARION COUNTY HEALTH
DEPT
OR
Ricoh USA OR
Heartfelt Obstetrics & Gynecology OR
Coquille Economic Development
Corporation
OR

CITY/COUNTY INSURANCE

SERVICE
OR

COMMUNITY CYCLING CENTER OR
Shangri La OR
Portland Impact OR
Eagle Fern Camp OR

KLAMATH FAMILY HEAD
START
OR

RIVER CITY DANCERS OR
Oregon Permit Technical Association OR
KEIZER EAGLES AERIE 3895 OR
Pgma/Cathie Bourne OR
Sunrise Water OR
Burns Paiute Tribe OR
Oregon Public Broadcasting OR
La Grande Family Practice OR
Linn Benton Lincoln Educational
Services District
OR
Ricoh USA OR
Sphere MD OR
BIENESTAR, INC. OR
sunrise water authority OR
Mountain Valley Therapy OR
EAstern Oregon Trade and Event
Center
OR
Waste-Pro OR

NPKA OR
IBEW280 OR
Confederated Tribes of Warm Springs OR
Point West Credit Union OR
Oregon State Credit Union OR

PIONEER TELEPHONE

COOPERATIVE
OR
Halsey-Shedd Fire District OR
Northwest Power and Conservation
Council
OR
Oregon Funeral Directors Association OR
Nez Perce Tribe OR
Obsidian Urgent Care, P.C. OR
First Presbyterian Church of La
Grande
OR

Page 450 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 88

CONFLUENCE

ENVIRONMENTAL CENTE
OR
A&I Benefit Plan Administrators, Inc. OR
K Churchill Estates OR

CSC HEAD START OR

NORTHWEST VINTAGE CAR

AND MOTORCYCLE
OR
crescent grove cemetery OR
Port of Toledo OR
Roseburg Police Department OR
Molalla Rural Fire Protection District OR

MONMOUTH - INDEPENDENCE

NETWORK
OR

EUGENE WATER & ELECTRIC
BOARD
OR

MALIN COMMUNITY PARK AND

RECREATION DISTRICT
OR

TILLAMOOK PEOPLES UTILITY

DISTRICT
OR

GLADSTONE POLICE

DEPARTMENT
OR

GOLD BEACH POLICE

DEPARTMENT
OR

THE NEWPORT PARK AND

RECREATION CENTER
OR

RIVERGROVE WATER DISTRICT OR

TUALATIN VALLEY FIRE &
RESCUE
OR

GASTON RURAL FIRE

DEPARTMENT
OR

CITY COUNTY INSURANCE

SERVICES
OR

SOUTH SUBURBAN SANITARY

DISTRICT
OR

SOUTH FORK WATER BOARD OR

SUNSET EMPIRE PARK AND

RECREATION
OR

SPRINGFIELD UTILITY BOARD OR
Tillamook Urban Renewal Agency OR
Netarts Water District OR

OAK LODGE SANITARY

DISTRICT
OR
Boardman Rural Fire Protection
District
OR
Tualatin Soil and Water Conservation
District
OR
Silverton Fire District OR
Lewis and Clark Rural Fire Protection
District
OR
Rainbow Water District OR
Illinois Valley Fire District OR
Clatskanie RFPD OR

PORT OF TILLAMOOK BAY OR

TRI-COUNTY HEALTH CARE

SAFETY NET ENTERPRISE
OR

METROPOLITAN EXPOSITION-

RECREATION COMMISSION
OR

REGIONAL AUTOMATED

INFORMATION NETWORK
OR

OAK LODGE WATER DISTRICT OR

THE PORT OF PORTLAND OR

WILLAMALANE PARK AND

RECREATION DISTRICT
OR

TUALATIN VALLEY WATER

DISTRICT
OR

UNION SOIL & WATER

CONSERVATION DISTRICT
OR

LANE EDUCATION SERVICE

DISTRICT
OR

TUALATIN HILLS PARK AND

RECREATION DISTRICT
OR

PORT OF SIUSLAW OR

CHEHALEM PARK AND

RECREATION DISTRICT
OR

PORT OF ST HELENS OR

LANE TRANSIT DISTRICT OR

CENTRAL OREGON

INTERGOVERNMENTAL

COUNCIL
OR

HOODLAND FIRE DISTRICT
NO.74
OR

MID COLUMBIA COUNCIL OF

GOVERNMENTS
OR

WEST MULTNOMAH SOIL AND

WATER CONSERVATION

DISTRICT
OR

SALEM AREA MASS TRANSIT

DISTRICT
OR

Page 451 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 89

Banks Fire District #13 OR
KLAMATH COUNTY 9-1-1 OR

GLENDALE RURAL FIRE

DISTRICT
OR
COLUMBIA 911

COMMUNICATIONS DISTRICT
OR

CLACKAMAS RIVER WATER OR

NW POWER POOL OR
Lowell Rural Fire Protection District OR
TriMet Transit OR
Estacada Rural Fire District OR
Keizer Fire District OR
State Accident Insurance Fund
Corporation
OR
Bend Metro Park & Recreation
District
OR
Port of Hood River OR
La Pine Park & Recreation District OR
Brookings- HArbor School District
17c
OR
Siuslaw Public Library District OR
Tri-County Metropolitan
Transportation District of Oregon
("TriMet")
OR
Columbia River Fire & Rescue OR
Fern Ridge Library District OR
Bend Park and Recreation District OR
Port of Garibaldi OR
Seal Rock Water District OR
Rockwood Water P.U.D. OR
Tillamook Fire District OR
Tillamook County Transportation
Dist
OR
Central Lincoln People's Utility
District
OR
Jefferson Park and Recreation OR
City of Monmouth / Public Works OR
McMinnville Police Department OR
Long Creek School District OR
City of Sublimity OR
City of Central Point Parks and
Recreation
OR
Gearhart Fire Department OR
Woodburn City Of OR
Brookings Fire / Rescue OR
City of Veneta OR

CITY OF DAMASCUS OR
Hermiston Fire & Emergency Svcs OR

CEDAR MILL COMMUNITY

LIBRARY
OR

CITY OF LAKE OSWEGO OR

LEAGUE OF OREGON CITIES OR

CITY OF SANDY OR

CITY OF ASTORIA OREGON OR

CITY OF BEAVERTON OR

CITY OF BOARDMAN OR

CITY OF CANBY OR

CITY OF CANYONVILLE OR

CITY OF CENTRAL POINT

POLICE DEPARTMENT
OR

CITY OF CLATSKANIE OR

CITY OF CONDON OR

CITY OF COOS BAY OR

CITY OF CORVALLIS OR

CITY OF CRESWELL OR

CITY OF ECHO OR

CITY OF ESTACADA OR

CITY OF EUGENE OR

CITY OF FAIRVIEW OR

CITY OF GEARHART OR

CITY OF GOLD HILL OR

CITY OF GRANTS PASS OR

CITY OF GRESHAM OR

CITY OF HILLSBORO OR

CITY OF HOOD RIVER OR

CITY OF JOHN DAY OR

CITY OF KLAMATH FALLS OR

CITY OF LA GRANDE OR

CITY OF MALIN OR

CITY OF MCMINNVILLE OR

CITY OF HALSEY OR

CITY OF MEDFORD OR

CITY OF MILL CITY OR

CITY OF MILWAUKIE OR

CITY OF MORO OR

Page 452 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 90

CITY OF MOSIER OR

CITY OF NEWBERG OR

CITY OF OREGON CITY OR

CITY OF PILOT ROCK OR

CITY OF POWERS OR

RAINIER POLICE DEPARTMENT OR

CITY OF REEDSPORT OR

CITY OF RIDDLE OR

CITY OF SCAPPOOSE OR

CITY OF SEASIDE OR

CITY OF SILVERTON OR

CITY OF STAYTON OR
City of Troutdale OR

CITY OF TUALATIN, OREGON OR

CITY OF WARRENTON OR

CITY OF WEST LINN/PARKS OR

CITY OF WOODBURN OR

CITY OF TIGARD, OREGON OR

CITY OF AUMSVILLE OR

CITY OF PORT ORFORD OR

CITY OF EAGLE POINT OR

CITY OF WOOD VILLAGE OR
St. Helens, City of OR

CITY OF WINSTON OR

CITY OF COBURG OR

CITY OF NORTH PLAINS OR

CITY OF GERVAIS OR

CITY OF YACHATS OR

FLORENCE AREA CHAMBER OF

COMMERCE
OR

PORTLAND DEVELOPMENT

COMMISSION
OR

CITY OF CANNON BEACH OR OR
CITY OF ST. PAUL OR

CITY OF ADAIR VILLAGE OR

CITY OF WILSONVILLE OR

CITY OF HAPPY VALLEY OR

CITY OF SHADY COVE OR

CITY OF LAKESIDE OR

CITY OF MILLERSBURG OR

CITY OF GATES OR

KEIZER POLICE DEPARTMENT OR

CITY OF DUNDEE OR

CITY OF AURORA OR

THE CITY OF NEWPORT OR

CITY OF ALBANY OR

CITY OF ASHLAND OR

CITY OF LEBANON OR

CITY OF PORTLAND OR

CITY OF SALEM OR

CITY OF SPRINGFIELD OR

METRO OR

CITY OF BURNS OR

CITY OF COTTAGE GROVE OR

CITY OF DALLAS OR

CITY OF FALLS CITY OR

CITY OF PHOENIX OR

CITY OF PRAIRIE CITY OR

CITY OF REDMOND OR

CITY OF SHERWOOD OR
City of junction city OR
City of Florence OR
Columbia Gorge Community OR
City of Dayton OR
City of Carlton OR
City of Pendleton Convention Center OR
City of Monmouth OR
City of Philomath OR
City of Sheridan OR
Seaside Public Library OR
City of Yoncalla OR
La Grande Police Department OR
Cove City Hall OR

NW PORTLAND INDIAN HEALTH
BOARD
OR
Portland Patrol Services OR
City Of Bend OR
City Of Coquille OR
City Of Molalla OR

ROCKWOOD WATER PEOPLE'S

UTILITY DISTRICT
OR
City of St. Helens OR
City of North Powder OR
City of Eugene OR

Page 453 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 91

City of Cornelius, OR OR
Toledo Police Department OR
City of Independence OR
City of Cascade Locks OR
City of Columbia City OR
City of Baker City OR
McMinnville Water & Light OR
City of Pendleton Parks & Recreation OR

CITY OF HEPPNER OR

CITY OF SWEETHOME OR

CITY OF THE DALLES OR
CLACKAMAS FIRE DIST#1 OR

DESCHUTES PUBLIC LIBRARY OR

STAYTON FIRE DISTRICT OR
Lake County Chamber of Commerce
Inc
OR
City of Ontario OR
City of Corvallis Parks and
Recreation
OR
North Lincoln Fire & Rescue #1 OR
Gresham Police Department OR
City of Harrisburg OR
Gladstone Public Library OR
City of Portland Parks Bureau OR
City of Astoria Parks Dept. OR
Seaside Fire & Rescue OR
Florence Police Department OR
City Of North Bend OR
City of Union OR
City of Nehalem OR
City of Richland OR

CITY OF LINCOLN CITY OR
City of Donald OR
City of Milton-Freewater OR

CITY OF SCIO OR
City of Forest Grove OR
City Govrnment OR
City of Mt. Angel OR
Albany Police Department OR
Umatilla Electric Cooperative OR

WATER ENVIRONMENT

SERVICES
OR
Polk County Fire District No.1 OR
Clatsop Care Health District-Clatsop
Retirement Village
OR
Netarts-Oceanside RFPD OR

UIUC OR
Rogue River Fire District OR
Aurora Rural FIre District OR
Tillamook County Emergency
Communications District
OR
Southern Coos Hospital OR
Oregon Cascades West Council of
Governments
OR

MULTONAH COUNTY
DRAINAGE DISTRICT #1
OR

PORT OF BANDON OR

OR INT'L PORT OF COOS BAY OR

MID-COLUMBIA CENTER FOR
LIVING
OR

DESCHUTES COUNTY RFPD
NO.2
OR

YOUNGS RIVER LEWIS AND

CLARK WATER DISTRICT
OR

PACIFIC STATES MARINE

FISHERIES COMMISSION
OR

CENTRAL OREGON IRRIGATION

DISTRICT
OR

MARION COUNTY FIRE DISTRCT
#1
OR

COLUMBIA RIVER PUD OR
SANDY FIRE DISTRICT NO. 72 OR

BAY AREA HOSPITAL DISTRICT OR

NEAH KAH NIE WATER

DISTRICT
OR

PORT OF UMPQUA OR

EAST MULTNOMAH SOIL AND

WATER CONSERVANCY
OR
Benton Soil & Water Conservation
District
OR

DESCHUTES PUBLIC LIBRARY
SYSTEM
OR

CLEAN WATER SERVICES OR
North Douglas County Fire & EMS OR
Crooked River Ranch Rural Fire
Protection District
OR

Page 454 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 92

PARROTT CREEK CHILD & FAM OR
South Lane County Fire And Rescue OR
Lake Chinook Fire & Rescue OR
Clackamas County Water
Environment Services
OR
Amity Fire District OR

CENTRAL OREGON

COMMUNITY COLLEGE
OR

UMPQUA COMMUNITY

COLLEGE
OR

LANE COMMUNITY COLLEGE OR
MT. HOOD COMMUNITY

COLLEGE
OR

LINN-BENTON COMMUNITY

COLLEGE
OR

SOUTHWESTERN OREGON

COMMUNITY COLLEGE
OR

PORTLAND COMMUNITY

COLLEGE
OR

CHEMEKETA COMMUNITY

COLLEGE
OR

ROGUE COMMUNITY COLLEGE OR

COLUMBIA GORGE

COMMUNITY COLLEGE
OR

TILLAMOOK BAY COMMUNITY

COLLEGE
OR

KLAMATH COMMUNITY

COLLEGE DISTRICT
OR
Oregon Coast Community College OR
Clatsop Community College OR
North Portland Bible College OR

OREGON COMMUNITY

COLLEGE ASSOCIATION
OR
Umpqua Valley Public Defender OR
Teacher Standards and Pracitices
Commission
OR
Salem Keizer School District
Purchasing
OR
Kdrv Channel 12 OR
Opta Oregon Permit Technician OR
Oregon Forest Resources Institute OR
Office of the Ong Term Care
Ombudsman
OR
Oregon State Lottery OR

OREGON TOURISM

COMMISSION
OR

OREGON STATE POLICE OR

OFFICE OF THE STATE

TREASURER
OR
OREGON DEPT. OF EDUCATION OR
SEIU LOCAL 503, OPEU OR

OREGON DEPARTMENT OF

FORESTRY
OR

OREGON STATE DEPT OF

CORRECTIONS
OR

OREGON CHILD DEVELOPMENT

COALITION
OR

OFFICE OF MEDICAL

ASSISTANCE PROGRAMS
OR

OREGON OFFICE OF ENERGY OR

OREGON STATE BOARD OF

NURSING
OR

BOARD OF MEDICAL

EXAMINERS
OR

OREGON LOTTERY OR

OREGON BOARD OF

ARCHITECTS
OR

SANTIAM CANYON

COMMUNICATION CENTER
OR

OREGON DEPT OF

TRANSPORTATION
OR

OREGON TRAVEL

INFORMATION COUNCIL
OR

OREGON DEPARTMENT OF

EDUCATION
OR
OREGON DEPT. OF

CORRECTIONS
OR

DEPARTMENT OF

ADMINISTRATIVE SERVICES
OR
Oregon Board of Massage Therapists OR
Oregon Tradeswomen OR
Oregon Convention Center OR

OREGON SCHL BRDS ASSOCIAT OR
Central Oregon Home Health and Hos OR
Oregon Health Care Quality Cor OR

OREGON DEPARTMENT OF

HUMAN SERVICES
OR
Oregon Air National Guard OR
Training & Employment OR

Page 455 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 93

State of Oregon - Department of
Administrative Services
OR
Aging and People with Disabilities OR
Department of Administrative
Services
OR
Oregon State Treasury OR
Oregon State Fair Council OR
Oregon DEQ OR
Procurement Services/DAS OR

STATE OF OREGON OR

OREGON JUDICIAL

DEPARTMENT
OR
Oregon State Board of Architect
Examiners
OR
City of Astoria Fire Department OR
Columbia Gorge ESD OR
Nehalem Bay Wastewater OR
Association of Oregon Community
Mental Health Programs
OR
VA OR

US FISH AND WILDLIFE

SERVICE
OR
Bonneville Power Administration OR
Bureau Of Land Management OR
Oregon Army National Guard OR
USDA Forest Service OR
Yellowhawk Tribal Health Center OR

ANGELL JOB CORPS OR
Coquille Indian Housing Authority OR

COLLEGE HOUSING

NORTHWEST
OR

HOUSING AUTHORITY OF

CLACKAMAS COUNTY
OR

HOUSING AUTHORITY OF

PORTLAND
OR

WEST VALLEY HOUSING

AUTHORITY
OR

HOUSING AUTHORITY AND

COMMUNITY SERVICES
AGENCY
OR

NORTH BEND CITY- COOS/URRY

HOUSING AUTHORITY
OR

MARION COUNTY HOUSING

AUTHORITY
OR

HOUSING AUTHORITY OF THE

CITY OF SALEM
OR
Housing Authority of Yamhill County OR
The Housing Authority of the County
of Umatilla
OR
homeforward OR
Hawaii County
Honolulu County
Kauai County
Maui County
Kalawao County
Aiea
Anahola
Barbers Point N A S
Camp H M Smith
Captain Cook
Eleele
Ewa Beach
Fort Shafter
Haiku
Hakalau
Haleiwa
Hana
Hanalei
Hanamaulu
Hanapepe
Hauula
Hawaii National Park
Hawaiian Ocean View
Hawi
Hickam AFB
Hilo
Holualoa
Honaunau
Honokaa
Honolulu
Honomu
Hoolehua
Kaaawa
Kahuku
Kahului
Kailua

Page 456 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 94

Kailua Kona
Kalaheo
Kalaupapa
Kamuela
Kaneohe
Kapaa
Kapaau
Kapolei
Kaumakani
Kaunakakai
Kawela Bay
Keaau
Kealakekua
Kealia
Keauhou
Kekaha
Kihei
Kilauea
Koloa
Kualapuu
Kula
Kunia
Kurtistown
Lahaina
Laie
Lanai City
Laupahoehoe
Lawai
Lihue
M C B H Kaneohe Bay
Makawao
Makaweli
Maunaloa
Mililani
Mountain View
Naalehu
Ninole
Ocean View
Ookala
Paauhau
Paauilo
Pahala
Pahoa
Paia
Papaaloa
Papaikou
Pearl City
Pearl Harbor
Pepeekeo
Princeville
Pukalani
Puunene
Schofield Barracks
Tripler Army Medical Center
Volvano
Wahiawa
Waialua
Waianae
Waikoloa
Wailuku
Waimanalo
Waimea
Waipahu
Wake Island
Wheeler Army Airfield
Brigham Young University - Hawaii
Chaminade University of Honolulu
Hawaii Business College
Hawaii Pacific University
Hawaii Technology Institute
Heald College - Honolulu
Remington College - Honolulu
Campus

University of Phoenix - Hawaii
Campus

Hawaii Community College
Honolulu Community College
Kapiolani Community College
Kauai Community College
Leeward Community College
Maui Community College
University of Hawaii at Hilo
University of Hawaii at Manoa
Windward Community College

Page 457 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 95

FEMA STANDARD TERMS AND CONDITIONS ADDENDUM

FOR CONTRACTS AND GRANTS

If any purchase made under the Master Agreement is funded in whole or in part by Federal Emergency Management Agency (“FEMA”) grants, Contractor shall comply with all federal laws and regulations applicable to the receipt of FEMA grants, including, but not limited to the contractual procedures set forth in Title 44 of the Code of Federal Regulations, Part 13 (“44 CFR 13”).

In addition, Contractor agrees to the following specific provisions:

1. Pursuant to 44 CFR 13.36(i)(1), City is entitled to exercise all administrative, contractual, or other remedies permitted by law to enforce Contractor’s compliance with the terms of this Master Agreement, including but not limited to those remedies set forth at 44 CFR 13.43.

2. Pursuant to 44 CFR 13.36(i)(2), City may terminate the Master Agreement for cause or convenience in accordance with the procedures set forth in the Master Agreement and those provided by 44 CFR 13.44.

3. Pursuant to 44 CFR 13.36(i)(3)-(6)(12), and (13), Contractor shall comply with the following federal laws:

a. Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor (“DOL”) regulations (41 CFR Ch. 60);

b. Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented in DOL regulations (29 CFR Part 3);

c. Davis-Bacon Act (40 U.S.C. 276a-276a-7) as supplemented by DOL regulations (29 CFR Part 5);

d. Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by DOL regulations (29 CFR Part 5);

e. Section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and

f. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).

4. Pursuant to 44 CFR 13.36(i)(7), Contractor shall comply with FEMA requirements and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and

41.

Page 458 ends

Section 8
U.S. Communities Additional Provisions

RFP #269-2017-028 Playground Equipment 96

5. Pursuant to 44 CFR 13.36(i)(8), Contractor agrees to the following provisions regarding patents:

a. All rights to inventions and/or discoveries that arise or are developed, in the course of or under this Agreement, shall belong to the City and be disposed of in accordance with City policy. The City, at its own discretion, may file for patents in connection with all rights to any such inventions and/or discoveries.

6. Pursuant to 44 CFR 13.36(i)(9), Contractor agrees to the following provisions, regarding copyrights:

a. If this Agreement results in any copyrightable material or inventions, in accordance with 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, for Federal Government purposes:

(1) The copyright in any work developed under a grant or contract; and (2) Any rights of copyright to which a grantee or a contactor purchases ownership with grant support.

7. Pursuant to 44 CFR 13.36(i)(10), Contractor shall maintain any books, documents, papers, and records of the Contractor which are directly pertinent to this Master Agreement. At any time during normal business hours and as often as City deems necessary, Contractor shall permit City, FEMA, the Comptroller General of United States, or any of their duly authorized representatives to inspect and photocopy such records for the purpose of making audit, examination, excerpts, and transcriptions.

8. Pursuant to 44 CFR 13.36(i)(11), Contractor shall retain all required records for three years after FEMA or City makes final payments and all other pending matters are closed. In addition, Contractor shall comply with record retention requirements set forth in 44 CFR 13.42.

Page 459 ends

Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 97

COMMUNITY DEVELOPMENT BLOCK GRANT ADDENDUM

Purchases made under this contract may be partially or fully funded with federal grant funds.

Funding for this work may include Federal Funding sources, including Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development. When such funding is provided, Contractor shall comply with all terms, conditions and requirements enumerated by the grant funding source, as well as requirements of the State statutes for which the contract is utilized, whichever is the more restrictive requirement. When using Federal Funding, Contractor shall comply with all wage and latest reporting provisions of the Federal Davis-Bacon Act. HUD-4010 Labor Provisions also applies to this contract.

Page 460 ends

Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 98

UNIFORM ADMINISTRATIVE REQUIREMENTS

By entering into this Contract the Contractor 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.

Page 461 ends

Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 99

EXHIBIT A – SAMPLE CITY CONTRACT

As used in this Section of the RFP, the term “Contract” shall re fer to the agreement entered into between the City and the Company , and the term “Company” shall refer to the vendor that has been awarded a contract.

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 JANURARY 25, 2017 . This Request for Proposals together with all attachments and addenda, is referred to herein as the “RFP”; and
WHEREAS, the City desires that t he Company provide certain Playground & Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (“Services”), and the Company desires to provide such Services; and
WHEREAS, the City and the Company have negotiated and agreed regarding the above - referenced Services and desire to reduce the terms and conditions of their agreement to this written form.

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:

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 COMPANY NAME in the Exhibits and Appendices shall be deemed to mean the Company.

1.1. EXHIBIT A: Discount Schedule, Price Lists, And Incentives

1.2. EXHIBIT B: Installation Fees

1.3. EXHIBIT C: National Network Of Distributors And Installers

1.4. EXHIBIT D: Freight Rate Schedules

1.5. EXHIBIT E: Product Warranties

1.6. EXHIBIT F: Scope of W ork

1.7. EXHIBIT G: U.S. Communities Administrative Agreement

2. DEFINITIONS.

This section may include, but not be limited to, terms defined in Section 1 of the RFP.

3. DESCRIPTION OF PRODUCTS AND SERVICES.

3.1. The Company shall be responsible for providing the Products and Services referenced in: (a) this Agreement, including in all Exhibit s; (b) the Company’s proposal; (c) the RFP; (d) the Documentation; and (e) any functional and/or technical specifications which are published or provided by the Company or its licensor s or suppliers from time to time with respect to all or any part the Products and Services. and incorporated herein by reference. Without limiting the foregoing, the Company ’s proposal will only take precedence over the RFP to the extent the Company proper ly

Page 462 ends

Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 100

took exception to the terms of the RFP in the manner required by the RFP.

4. COMPENSATION.

4.1. TOTAL FEES AND CHARGES
The City agrees to pay the Company a fixed price (the “Purchase Price”) as full and complete consideration for the satisfactory performance of all the requirements of this Contract. This amount constitutes the maximum total fees and charges payable to the Company under this Contract including Expenses and will not be increased except by a written instrument duly executed by both parties, which expressly states that it amends this Section of the Contract.

4.2. NO EXPENSES CHARGEABLE.

The Company shall not be entitled to charge the City for any travel, mileage, meals, materials or other costs or expenses associated with this Contract.

4.3. EMPLOYMENT TAXES AND EMPLOYEE BENEFITS.

The Company represents and warrants that the employees provided by the Company to perform the Services are actual employees of the Company, and that the Company shall be responsible for providing all salary and other applicable benefits to each Company employee. The Company further represents, warrants and covenants that it will pay all withholding tax, social security, Medicare, unemployment tax, worker’s compensation and other payments and deductions that are required by law for e ach Company employee . The Company agrees that the Company employee s are not employees of the City.

4.4. INVOICES.

Each invoice sent by the Company shall detail all Services performed and delivered which are necessary to entitle the Company to the requested payment under the terms of this Contract. All invoices must include the City purchase order number for purchases made under the Contract. Purchase order numbers will be provided by the City. Invoices must be submitted with lines matching those on the City-provided purchase order.

The Company shall email all invoices to [email protected] with Accounts
Payable (or AP) in the subject line.

Invoices that are addressed directly to City departments and not to Accounts Payable may not be handled as quickly as invoices that are addressed correctly.

4.5. DUE DATE OF INVOICES.

Payment of invoices shall be due within thirty (30) days after receipt of an accurate, undisputed properly submitted invoice by the City.

4.6. PRE-CONTRACT COSTS.

The City shall not be charged for any Services or other work performed by the Company prior to the Effective Date of this Contract.

4.7. AUDIT.

During the term of this Contract and for a period of one (1) year after termination of this Contract, the City s hall have the right to audit, either itself or through an independent auditor, all books and records and facilities of the Company necessary to evaluate Company’s compliance with the terms and conditions of this 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

Page 463 ends

Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 101

$10,000 but for the audit, then the Company shall be required to reimburse the City for the cost of the audit.

5. TIME IS OF THE ESSENCE.

Time is of the essence in having the Company perform all Services and deliver all Deliverables within the time frames provided by this Contract and Exhibit B, including all completion dates, response times and resolution times (the “Completion Dates”). Except as specifically stated in this Contract, there shall be no extensions of the Completion Dates. All references to days in this Contract (including the Exhibit s) shall refer to calendar days rather than business days, unless this Contract provides otherwise for a specific situation.

6. NON-APPROPRIATION OF FUNDS.

If the Charlotte City Council does not appropriate the funding needed by the City to make payments under this Contract for any 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 fiscal year for which the 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.

7. COMPANY PROJECT MANAGER.

The duties of the Company Project Manager include, but are not limited to:

7.1. Coordination of Project schedules and the Company’s resource assignment based upon the City’s requirements and schedule constraints;

7.2. Management of the overall Project b y monitoring and reporting on the status of the Project and actual versus projected progress, and by consulting with the City ’s Project Manager when deviations occur and by documenting all such deviations in accordance with agreed upon change control procedures;

7.3. Provision of consultation and advice to the City on matters related to Project implementation strategies, key decisions and approaches, and Project operational concerns/issues and acting as a conduit to the Company’s specialist resources that may be needed to supplement the Company’s normal implementation staff;

7.4. Acting as the Company’s point of contact for all aspects of contract administration, including invoicing for Services, and status reporting;

7.5. Facilitation of review meetings and conferences between the City and the Company’s executives when scheduled or requested by the City;

7.6. Communication among and between the City and the Company’s staff;

7.7. Promptly responding to the City Project Manager when consulted in writing or by E - mail with respect to Project deviations and necessary documentation;

7.8. Identifying and providing the City with timely written notice of all issues that may threaten the Company’s Services in the manner contemplated by the Contract (with “timely” meaning immediately after the Company becomes aware of them);

7.9. Ensuring that adequate quality assurance procedures are in place through out the Contract; and

7.10. Meeting with other s ervice providers working on City projects that relate to this effort as necessary to resolve problems and coordinate the Services.

8. CITY PROJECT MANAGER.

Page 464 ends

Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 102

The duties of the City Project Manager are to (1) ensure that the Company delivers all requirements and specifications in the Contract; (2) coordinate the City’s resource assignment as required to fulfill the City’s obligations pursuant to the Contract; (3) promptly respond to the Company Project Manager when consulted in writing or by E-mail with respect to project issues; and (4) act as the City’s point of contact for all aspects of the Services including contract administration and coordination of communication with the City ’s staff. The City shall be allowed to change staffing for the City Project Manager position on one (1) business day’s notice to the Company.

9. DUTY OF COMPANY TO IDENTIFY AND REQUEST INFORMATION, PERSONNEL AND FACILITIES.

The Company shall identify and request in writing from the City in a timely manner: (i) all information reasonably required by the Company to perform each task comprising the Services, (ii) the City’s personnel whose presence or assistance reasonably may be required by the Company to perform each task comprising the Services, and (iii) any other equipment, facility or resource reasonably required by the Company to perform the Services.

Notwithstanding the foregoing, the Company shall not be entitled to request that the City provide information, personnel or facilities other than those that Exhibit B specifically requires the City to provide, unless the City can do so at no significant cost. The Company shall not be relieved of any fai lure to perform under this Contract by virtue of the City ’s failure to provide any information, personnel, equipment, facilities or resources: (i) that the Company failed to identify and request in writing from the City pursuant to this Section; or (ii) that the City is not required to provide pursuant to this Contract. In the event the City fails to provide any information, personnel, facility or resource that it is required to provide under this Section, the Company shall notify the City in writing immediately in accordance with the notice provision of this Contract. Failure to do so shall constitute a waiver by Company of any claim or defense it may otherwise have based on the City’s failure to provide such information, personnel, facility or resource.

10. COMPANY PERSONNEL REMOVAL, REPLACEMENT, PROMOTION, ETC.

The City will have the right to require the removal and replacement of any personnel of the Company or the Company’s subcontractors who are assigned to provide Services to the City based on experience, qualifications, performance, conduct, compatibility, and violation of City policy or any other reasonable grounds. The addition or promotion of any personnel to key positions within the Project must be approved by the City in writing. The Company will replace any personnel that leave the Project, with persons having at least equivalent qualifications who are approved by the City in writing. As used in this Contract, the “personnel” includes all staff provided by the Company or its subcontractors.

11. BACKGROUND CHECKS.

Prior to starting work under this Contract, the Company is required to conduct a background check on each Company employee assigned to work under this Contract, and shall require its subcontractors (if any) to perform a background check on each of their employees assigned to work under this Contract (collectively, the “Background Checks”). Each Background Check must include: (a) the person’s criminal conviction record from the states and counties where the person lives or has lived in the past seven (7) years; and (b) a reference check.

After starting work under this Contract, the Company is required to perform a Background Check for each new Company employee assigned to work under this Contract during that year, and shall require its subcontractors (if any) to do the same for each of their employees.

If the Company undertakes a new project under this Contract, then prior to commencing performance of the project the Company shall perform a Background Check for each

Page 465 ends

Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 103

Company employee assigned to work on the project, and shall require its subcontractors (if any) to do the same for each of their employees.

If a person’s duties under this Contract fall within the categories described below, the Background Checks that the Company will be required to perform (and to have its subcontractors perform) shall also include the following additional investigation:

The Company must follow all State and Federal laws when conducting Background Checks, including but not limited to the Fair Credit Reporting Act requirements, and shall require its subcontractors to do the same.

The Company shall notify the City of any information discovered in the Background Checks that may be of potential concern for any reason.

The City may conduct its own background checks on principals of the Company as the City deems appropriate. By operation of the public records law, background checks conducted by the City are subject to public review upon request.

12. ACCEPTANCE OF TASKS AND DELIVERABLES Within a reasonable time after a particular Delive rable has been completed (or such specific time as may be set forth in Exhibit B), the Company shall submit a written notice to the City ’s Project Manager stating the Deliverable(s) that have been met. This notice shall include a signature page for sign -off by the City Project Manager indicating acceptance of such Deliverable(s).

If the City Project Manager is not satisfied that the Deliverable(s) ha s been met, a notice of rejection (a “Rejection Notice”) shall be submitted to the Company by the City Project Manager that specifies the nature and scope of the deficiencies that the City wants corrected.

Upon receipt of a Rejection Notice, the Company shall: (a) act diligently and promptly to correct all deficiencies identified in the Rejection Notice, and (b) immediately upon completing such corrections give the City a written, dated certification that all deficiencies have been corrected (the “Certification”). In the event the Company fails to correct all deficiencies identified in the Rejection Notice and pro vide a Certification within thirty - (30) days after receipt of the Rejection Notice, the City shall be entitled to terminate this Contract for default without further obligation to the Company and without obligation to pay for the defective work.

Upon receipt of the corrected Deliverable(s), or a Certification, whichever is later, the above- described Acceptance procedure shall recommence. The City shall not be obligated to allow the Company to recommence curative action with respect to any deficiency previo usly identified in a Rejection Notice, or more than once for any given Deliverable (and shall be entitled to terminate this Contract for default if the Company does not meet this time frame).

13. NON-EXCLUSIVITY.

The Company acknowledges that it is one of several providers of Professional Services to the City and the City does not represent that it is obligated to contract with the Company for any particular project.

14. EACH PARTY TO BEAR ITS OWN NEGOTIATION COSTS.

Each party shall bear its own cost of negotiating this Contract and developing the exhibits.

The City shall not be charged for any Services or other work performed by the Company prior to the Effective Date.

15. REPRESENTATIONS AND WARRANTIES OF COMPANY.

15.1. GENERAL WARRANTIES.

15.1.1. The Services shall satisfy all requirements set forth in the Contract, including but not limited to the attached Exhibits;

Page 466 ends

Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 104

15.1.2. The Services provided by the Company under the Contract will not infringe or misappropriate any patent, copyright, trademark, or trade secret rights of any third party;

15.1.3. The Company has taken and will continue to take sufficient precautions to ensure that it will not be prevented from performing all or part of its obligations under the Contract by virtue of interruptions in the computer systems used by the Company;

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

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

15.1.6. The Company and each Company employee provided by the Company to the City shall have the qualifications, skills and experience necessary to perform the Services described or referenced in Exhibit B;

15.1.7. All information provided by the Company about each of their employees is accurate; and

15.1.8. Each Company employee is an employee of the Company, and the Company shall make all payments and withholdings required for by law for the Company for such employees.

15.2. ADDITIONAL WARRANTIES.

The Company further represents and warrants that:

15.2.1. It is a legal entity and if incorporated, duly incorporated, validly existing and in good standing under the laws of the state of its incorporation or licensing and is qualified to do business in North Carolina;

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

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

15.2.4. No approval, authorization or consent of any governmental or regulatory authority is required to be obtained or made by it in o rder for it to enter into and perform its obligations under this Contract;

15.2.5. 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

15.2.6. The performance of this Contract by the Company and each Company employee provided by the Company will not violate any contracts or agreements with third parties or any third party rights (including but not limited to non -compete agreements, non- disclosure agreements, patents, trademarks or intellectual property rights).

16. OTHER OBLIGATIONS OF THE COMPANY.

16.1. WORK ON CITY’S PREMISES.

Page 467 ends

Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 105

The Company and all their employees will, whenever on the City's premises, obey all instructions and City policies that are provided to them with respect to performing Services on the City’s premises.

16.2. RESPECTFUL AND COURTEOUS BEHAVIOR.

The Company shall assure that its employees interact with City employees and with the public in a courteous, helpful and impartial manner. All employees of the Company in both field and office shall refrain from belligerent behavior and/or profanity. Correction of any such behavior and language shall be the responsibility of the Company.

16.3. REPAIR OR REPLACEMENT OF DAMAGE EQUIPMENT OR FACILITIES.

In the event that the Company causes damage to the City’s equipment or facilities, the Company shall, at its own expense, promptly repair or replace such damaged items to restore them to the same level of functionality that they possessed prior to the Company’s action.

16.4. REGENERATION OF LOST OR DAMAGED DATA.

With respect to any data that the Company or any Company employee s have negligently lost or negligently damaged, the Company shall, at its own expense, promptly replace or regenerate such data from the City's machine- readable supporting material, or obtain, at the Company's own expense, a new machine - readable copy of lost or damaged data from the City’s data sources.

16.5. 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.

16.6. IRAN DIVESTMENT ACT.

Company certifies that: (i) it is not identified on the Final Divestment List or any other list of prohibited investments create d 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.

17. REMEDIES.

17.1. RIGHT TO COVER.

If the Company fails to meet any completion date or resolution time set forth in this Contract (including the Exhibits) or the Project Plan, the City may take any of the following actions with or without terminating this 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 perform itself or obtain the Services from a third party until the matter is resolved a nd the Company is again able to resume performance under this Contract; and b. Deduct any and all expenses incurred by the City in obtaining or performing the Services from any money then due or to become due the Company and, should the City’s cost of obtaini ng or performing the Services exceed the amount due the Company, collect the amount due from the Company.

17.2. RIGHT TO WITHHOLD PAYMENT.

If the Company breaches any provision of this Contract, the City shall have a right to withhold all payments due to the Company until such breach has been fully cured.

Page 468 ends

Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 106

17.3. SPECIFIC PERFORMANCE AND INJUNCTIVE RELIEF.

The Company agrees that monetary damages are not an adequate remedy for the Company’s failure to provide the Services or Deliverables as required by this Contract, nor could monetary damages be the equivalent of the performance of such obligation. Accordingly, the Company hereby consents to an order granting specific performance of such obligations of the Company in a court of competent jurisdiction within the State of North Carolina. The Company further consents to the City obtaining injunctive relief (including a temporary restraining order) to assure performance in the event the Company breaches the Contract.

17.4. SETOFF.

Each party shall be entitled to setoff and deduct f rom any amounts owed to the other party pursuant to this Contract all damages and expenses incurred or reasonably anticipated as a result of the other party’s breach of this Contract.

17.5. OTHER REMEDIES.

Upon breach of this 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.

18. TERM AND TERMINATION OF CONTRACT.

18.1. TERM.

This Contract shall commence on the Effective Date and shall continue in effect for five (5) years with the City having the unilateral right to renew for two (2) consecutive two (2) year terms.

18.2. TERMINATION BY THE CITY.

The City may terminate the Contract at any time without cause by giving thirty (30) days prior written notice to the Company. As soon as practicable after receipt of a written notice of termination without cause, Company shall submit a statement to the City showing in detail the Services performed under this Contract through the date of termination. The forgoing payment obligation is contingent upon: (i) the Company having fully complied with Section 18.8; and (ii) the Company having provided the City with written documentation reasonably adequate to verify the number of hours of Services rendered by each Company employee through the termination date and the percentage of completion of each task.

18.3. TERMINATION FOR DEFAULT BY EITHER PARTY.

By giving written notice to the other party, either party may terminate the Contract upon the occurrence of one or more of the following events:
a. The other party violates or fails to perform any covenant, provision, obligation, term or condition contained in the Contract, provided that, unless otherwise stated in the 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 b. The other party attempts to assign, terminate or cancel the Contract contrary to the terms hereof; or
c. The other party ceases to do business as a going concern, makes an assignment for th e 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

Page 469 ends

Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 107

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

Notwithstanding anything contained herein to the contrary, upon termination of this Contract by the Company for default, the Company shall continue to perform the Services required by this Contract for the lesser of: (i) six (6) months after the date the City receives the Company’s written termination notice; or (ii) the date on which the City completes its transition to a new service provider.

18.4. ADDITIONAL GROUNDS FOR DEFAULT TERMINATION BY THE CITY.

By giving written notice to the Company, the City may also terminate the Contract upon the occurrence of one or more of the following events (which shall each constitute separate grounds for termination without a cure period and without the occurrence of any of the other events of default previously listed):
a. Failure of the Company to complete a particular task by the completion date set forth in this Contract;
b. The Company makes or allows to be made any material written misrepresentation or provides any materially misleading written information in connection with this Contract, or any covenant, agreement, obligation, term or condition contained in this Contract; or
c. The Company takes or fails to take any action which constitutes grounds for immediate termination under the terms of the Contract, including but not limited to failure to obtain or maintain the insurance policies and endorsements as required by the Contract, or fa ilure to provide the proof of insurance as required by the Contract.

18.5. 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 the Contract, the Company agrees that it will not terminate the Contract or suspend or limit the 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.

18.6. CANCELLATION OF ORDERS AND SUBCONTRACTS.

In the event this Contract is terminated by the City for any reason prior to the end of the term, the Company shall upon termination immediately discontinue all service in connection with this Contract and promptly cancel all existing orders and subcontracts, which are chargeable to this Contract. As soon as practicable after receipt of notice of termination, the Company shall submit a statement to the City showing in detail the Services pe rformed under this Contract to the date of termination.

18.7. AUTHORITY TO TERMINATE.

The following persons are authorized to terminate this Contract on behalf of the City:
(a) the City Manager, any Assistant City Manager, or any designee of the City

Page 470 ends

Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 108

Manager; o r (b) the Department Director of the City Department responsible for administering this Contract.

18.8. OBLIGATIONS UPON EXPIRATION OR TERMINATION.

Upon expiration or termination of this Contract, the Company shall promptly return to the City (i) all computer programs, files, documentation, media, related material and any other material and equipment that is owned by the City; (ii) all Deliverables that have been completed or that are in process as of the date of termination; an d (iii) a written statement describ ing in detail all work performed with respect to Deliverables which are in process as of the date of termination. The expiration or termination of this Contract shall not relieve either party of its obligations regarding “Confidential Information”, as defined in this Contract.

18.9. NO EFFECT ON TAXES, FEES, CHARGES OR REPORTS.

Any termination of this 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.

18.10. OTHER REMEDIES.

The remedies set forth in this Section and Section 19 shall be deemed cumulative and not exclusive, and may be exercised successively or concurrently, in addition to any other remedies available under this Contract or at law or in equity.

19. 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 Services provided by the Company to the City. Prior to termination or expiration of this Contract, the City may require the Company to perform and, if so required, the Company shall perform certain transition Services necessary to shift the Services of the Company to another provider or to the City itself as described below (the “Transition Services”). Transition Services may include but shall not be limited to the following:
• Working with the City to jointly develop a mutually agreed upon Transition Services Plan to facilitate the termination of the Services;
• Notifying all affected service providers and subcontractors of the Company; • Performing the Transition Services;
• Answering questions regarding the Services on an as-needed basis; and • Providing such other reasonable Services needed to effectuate an orderly transition to a new service provider.

20. CHANGES.

In the event changes to the Services (collectively “Changes”), become necessary or desirable to the parties, the parties shall follow the procedures set forth in this Section. A Change shall be effective only when documented by a written, dated agreement executed by both parties that expressly references and is attached to this Contract (a “Change Statement”). The Change Statement shall set forth in detail: (i) the Change requested, including all modifications of the duties of the parties; (ii) the reason for the proposed Change; and (iii) a detailed analysis of the impact of the Change on the results of the Services and time for completion of the Services, including the impact on all Milestones and delivery dates and any associated price.

Page 471 ends

Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 109

In the event either party desires a Change, the Project Manager for such party shall submit to the other party’s Project Manager a proposed Change Statement. If the receiving party does not accept the Change Statement in writing within ten (10) days, the receiving party shall be deemed to have rejected the Change Statement. If the parties cannot reach agreement on a proposed Change, the Company shall nevertheless continue to render performance under this Contract in accordance with its (unchanged) terms and conditions.

Changes that involve or increase in the amounts pa yable by the City may require execution by the City Manager or a designee depending on the amount. Some increases may also require approval by Charlotte City Council.

21. CITY OWNERSHIP OF WORK PRODUCT.

21.1. The parties agree that the City shall have exclusive ownership of all reports, documents, designs, ideas, materials, reports, concepts, plans, creative works, and other work product developed for or provided to the City in connection with this Contract, and all patent rights, copyrights, trade secret rights and other intellectual property rights relating thereto (collectively the “Intellectual Property”). The Company hereby assigns and transfers all rights in the Intellectual Property to the City. The Company further agrees to execute and deliver such assignments and other documents as the City may later require to perfect, maintain and enforce the City ’s rights as sole owner of the Intellectual Property, including all rights under patent and copyright law. The Company hereby appoints the City as attorney in fact to execute all such assignments and instruments and agree that its appointment of the City as an attorney in fact is coupled with an interest and is irrevocable.

21.2. The City grants the Company a royalty- free, non-exclusive license to use and copy the Intellec tual Property to the extent necessary to perform this Contract. The Company shall not be entitled to use the Intellectual Property for other purposes without the City ’s prior written consent, and shall treat the Intellectual Property as “Confidential Information” pursuant to Section 25 of the Contract.

21.3. The Company will treat as Confidential Information under the Confidentiality and Non-Disclosure Contract all data in connection with the Contract. City data processed by the Company shall remain the exclusiv e 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 the Contract.

22. 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 administrative activities of the other; or (ii) constitute such parties as partners, joint venturers, co-owners or otherwise as participants in a joint or common undertaking; or (iii) make either party an agent of the other, or any Company employee an agent or employee of the C ity, for any purpose whatsoever. Neither party nor its agents or employees is the representative of the other for any purpose, and neither has power or authority to act as agent or employee to represent, to act for, bind, or otherwise create or assume any obligation on behalf of the other.

23. 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 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

Page 472 ends

Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 110

Services 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; (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 result ing 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 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 li abilities (including settlement amounts).

If an Infringement Claim occurs, the Company shall either: (i) procure for the City the right to continue using the affected product or service; or (ii) repair or replace the infringing product or service so that it becomes non- infringing, provided that the performance of the overall product(s) and service(s) provided to the City shall not be adversely affected by such replacement or modification. If the Company is unable to comply with the preceding sentence within thirty (30) days after the City is directed to cease use of a product or service, the Company shall promptly refund to the City all amounts paid under this Contract.

This Section 23 shall remain in force despite termination of this Contract (whether by expiration of the term or otherwise).

24. SUBCONTRACTING.

Should the Company choose to subcontract, the Company shall be the prime contractor and shall remain fully responsible for performance of all obligations that it is required to perform under the Contract. Any subcontract entered into by Company shall name the City as a third party beneficiary.

25. CONFIDENTIAL INFORMATION.

25.1. CONFIDENTIAL INFORMATION.

Confidential Information includes any information, not generally known in the relevant trade or industry, obtained from the City or its vendors or licensors or which falls within any of the following general categories:

25.1.1. Trade secrets. For purposes of this Contract, trade secrets consist of information of the City or any of its Companie s, 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.

25.1.2. Information of the City or its Companie s, contractors or licensors marked “Confidential” or “Proprietary.”

25.1.3. Information relating to criminal investigatio ns conducted by the City , and records of criminal intelligence information compiled by the City.

25.1.4. Information contained in the City ’s personnel files, as defined by N.C. Gen.

Page 473 ends

Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 111

Stat. 160A-168. This consists of all information gathered and/or maintained by the City about employees, except for that information which is a matter of public record under North Carolina law.

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

25.1.6. 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.

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

25.1.8. Any attorney / City privileged information disclosed by either party.

25.1.9. 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.

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

25.1.11. Building plans of city -owned buildings or struc tures, as well as any detailed security plans.

25.1.12. Billing information of customers compiled and maintained in connection with the City providing utility Services.

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

Categories stated in Sections 25.1.3 through 25.1.13 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 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.

25.2. RESTRICTIONS.

The Company shall keep the Confidential Information in the strictest confidence, in the manner set forth below:

25.2.1. It shall not copy, modify, enhance, compile or assemble (or reverse compile or disassemble), or reverse engineer Confidential Information.

25.2.2. It shall not, directly or indirectly, disclose, divulge, reveal, report or transfer Confidential Information of the other to any third party or to any individual employed by the Company, other than an employee, agent, subcontractor or vendor of the City or Company who: (i) has a need to know such Confidential Information, and (ii) has executed a confidentiality agreement

Page 474 ends

Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 112

incorporating substantially the form of this Section of the Contract and containing all protections set forth herein.

25.2.3. It shall not use any Confidential Information of the City 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.

25.2.4. It shall not remove any proprietary legends or notices, including copyright notices, appearing on or in the Confidential Information of the other.

25.2.5. The Company shall use its best efforts to enforce the proprietary rights of the City and the City ’s vendors, licensors and Companys (including but not limited to seeking injunctive relief where reasonably necessary) against any person who has possession of or discloses Confidential Information in a manner not permitted by this Contract.

25.2.6. In the event that any demand is made in litigation, arbitration or any other proceeding for disclosure of Confidential Information, the 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.

25.2.7. All materials which constit ute, 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.

25.3. EXCEPTIONS.

The parties agree that the Company shall have no obligation with respect to any Confidential Information which the Company can establish:

25.3.1. Was already known to the Company prior to being disclosed by the disclosing party;

25.3.2. Was or becomes publicly known through no wrongful act of the Company;

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

25.3.4. Was used or disclosed by th e Company with the prior written authorization of the City;

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

25.3.6. Was disclosed pursuant to the order of a court of competent jurisdiction or a lawfully issued subpoena, provided that the Company shall take use its best efforts to obtain an agreement or protective order providing that, to the greatest possible extent possible, this Contract will be applicable to all disclosures under the court order or subpoena.

25.4. UNINTENTIONAL DISCLOSURE.

Page 475 ends
← All documents from this meeting