Calimesa City Council
January 21, 2025

Regular Meeting of the Calimesa City Council
Tuesday, January 21, 2025

CALL TO ORDER
ROLL CALL: MAYOR MOLINA, MAYOR PRO TEM CERVANTEZ, COUNCIL MEMBER CUNDIEFF, COUNCIL MEMBER GARCIA AND COUNCIL MEMBER MANLY.

STAFF: CITY MANAGER KOLBOW, ASSISTANT CITY ATTORNEY FLOWER, CITY

CLERK GERDES, FINANCE DIRECTOR REID, PLANNING DIRECTOR LUCIA,

INTERIM PUBLIC WORKS DIRECTOR SHAKIR, CITY ENGINEER THORNTON, FIRE CHIEF O’CONNELL AND SHERIFF CAPTAIN NORTHRUP.

PLEDGE OF ALLEGIANCE

COMMUNICATIONS FROM THE PUBLIC
Pursuant to the Brown Act, this is the opportunity for members of the public to directly address the Council on any item within the Council’s subject matter jurisdiction. Please note that this is also the time in which members of the public may address the Council on any item on the Consent Calendar. This is not the time for City Council discussion of non-agenda items. After receiving public comments, Council Members, or staff, after being recognized by the Mayor, may briefly respond to statements made by the public or questions posed by the public. In addition, Council Members may ask questions for clarification or make a referral to staff for factual information to be reported back to the Council at a later meeting.

Regular Meeting of the Calimesa City Council
Meeting Agenda
Tuesday, January 21, 2025 – 6:00 p.m.

Norton Younglove Multipurpose Senior Center
908 Park Avenue, Calimesa, CA 92320
Linda Molina, Mayor  Jeff Cervantez, Mayor Pro Tem
Eric Cundieff, Council Member  Edgar Garcia, Council Member  John Manly, Council Member Will Kolbow, City Manager  Quinn Barrow, City Attorney The Calimesa City Council will be conducting this meeting in the Norton Younglove Senior Center. Members of the public may attend this meeting in person at the Norton Younglove Senior Center, 908 Park Avenue, Calimesa, CA 92320, or the public may view the City Council meetings live at https://www.youtube.com/@calimesacity900/live beginning at 6:00 p.m.

Submission of Public Comments: Public comment will be allowed by completing a speaker slip and providing it to the City Clerk at the meeting. Please observe a time limit of three (3) minutes when giving your presentation. When called upon, please step forward to the microphone, state your name for the record, whom you represent and any statement you wish to make. Please be advised that you may not defer your three (3) minutes to another speaker.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Clerk’s Office, (909) 795-9801. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Any public writings distributed by the City to at least a majority of the Council Members regarding any item on this regular meeting agenda will be made available at the public counter at City Hall located at 908 Park Avenue, Calimesa, CA 92320.

Regular Meeting of the Calimesa City Council
Tuesday, January 21, 2025

APPROVAL OF THE AGENDA, CONSENT CALENDAR AND WAIVER OF FULL READING OF ORDINANCES This is the time for the City Council to notify the public of any changes to the agenda; such as removal of an agenda item, rearrangement of the agenda, postponement of an agenda item or continuance of an item to a future meeting. This is also the time for the City Council to remove items from the Consent Calendar for individual consideration. Waiver of full reading of ordinances does not take policy action or approve or disapprove any ordinances on the agenda, it simply means that the entire text of the ordinance will not be read.

RECOMMENDATION: Move to approve the agenda and consent calendar Motion________________________ Second_______________________ Vote___________________________ CONSENT CALENDAR (Items 1 – 8)
The following items on the Consent Calendar are routine and customary items and are enacted by a single motion, with the exception of items previously removed during “Approval of the Agenda” for individual consideration. Any items removed shall be individually considered immediately after taking action on the Consent Calendar.

1. APPROVAL OF CITY COUNCIL ACTION MINUTES.
a) City Council action minutes of December 2, 2024 regular meeting. b) City Council action minutes of December 10, 2024 special meeting. c) City Council action minutes of December 16, 2024 regular meeting.

2. RECEIVE AND FILE CITY COMMISSION & BOARD MINUTES.
a) There are no minutes ready for approval at this time.

3. APPROVAL OF WARRANT REGISTERS.
a) Check Register Report with a total of $1,387,908.96 (Check Nos. 42907 to 43037). b) December 19, 2024 Payroll of $126,245.58
January 1, 2025 Council Payroll of $3,897.25
January 2, 2025 Payroll of $131,337.77

4. COUNCIL TRAVEL EXPENSES
RECOMMENDATION: That the City Council move to approve the Council Travel Training and Meeting/Mileage Expenses Report through December 31, 2024.

5. TREASURER’S REPORT FOR THE MONTH ENDED NOVEMBER 30, 2024.

RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended November 30, 2024.

6. MOUNTAINVIEW PARK FURNISHING PROCUREMENT.

RECOMMENDATION: That the City Council:

1. Approve the purchase of Poligon Shelter from Miracle Playground in the amount of $39,815.98; and

2. Approve the purchase of Bench, Trash receptacles, and Bike rack from Avalon Amenities in the amount of $21,346.67; and

3. Approve the purchase of the Picnic tables and Planter seatwall from Outdoor Creations Inc. in the amount of $27,811.35; and

4. Adopt Resolution No. 2025-02 waiving formal purchasing procedures for the picnic tables and custom seatwall from Outdoor Creations..

Regular Meeting of the Calimesa City Council
Tuesday, January 21, 2025

7. JP RANCH WEED ABATEMENT AWARD OF CONTRACT.

RECOMMENDATION: That the City Council award a contract to Integrity Arborists & Ecoscape Inc. to provide weed abatement services to the JP Ranch CFD areas in the amount of $47,448.00 per year.

8. AWARD CONSTRUCTION CONTRACT FOR SENIOR CENTER RESTROOM RENOVATION, PROJECT NO 2024-05.

RECOMMENDATION: That the City Council:

1. Award a construction contract to California Custom Builders of Ventura, California. for the amount of $131,233 for the Senior Center Restroom Renovation, Project No. 2024-05; and

2. Approve a construction contingency for the amount of $13,100, a design budget of $12,000 for expenses to date for staff time for advance planning, plans, specifications, estimates, bidding and project management, and a budget for the management of construction including inspection and permits in the amount of up to $25,202; for a total additional project cost of $50,302.00; and

3. Approve the Plans and Specifications.

CALIMESA CHAMBER OF COMMERCE REPORT

SHERIFF CAPTAIN REPORT

FIRE CHIEF REPORT

PUBLIC HEARINGS
The order of business for the Public Hearing shall be:

A. Open Public Hearing
B. Staff Presentation
C. Applicant/Representative Presentation
D. Public Testimony
E. Applicant Rebuttal (if necessary)
F. Public Testimony Closed
G. Close Public Hearing
H. Council Discussion
I. Council Motion and Vote

9. PUBLIC HEARING - REQUEST TO CONTINUE ITEM - PROPOSED ORDINANCE TO UPDATE PARTICIPATION IN THE TUMF PROGRAM; RESOLUTION ADOPTING A TUMF SCHEDULE.

RECOMMENDATION: That the City Council open the public hearing and continue it to the City Council Meeting of February 3, 2025, as staff needs more time to review the draft ordinance provided by WRCOG prior to presenting the updated ordinance Speakers are encouraged to be brief and remain within the established time limit of three (3) minutes per speaker.

Once the public hearing has been closed, no further testimony will be taken.

Regular Meeting of the Calimesa City Council
Tuesday, January 21, 2025

BUSINESS ITEMS

10. CITY COMMISSION APPOINTMENTS.

RECOMMENDATION:

1. That Mayor Molina appoint one member to the Library Commission and that the City Council ratify the appointment by a majority vote and adopt Resolution No. 2025-03 providing for appointment made.

2. That Council Member Garcia appoint one member to the Planning Commission and that the City Council ratify the appointment by a majority vote and adopt Resolution No. 2025-04 providing for appointment made.

MAYOR & COUNCIL MEMBER REPORTING OF COUNTY & REGIONAL MEETINGS/CONFERENCES This is the time for general comments, announcements, reports on meetings attended at public expense as required by AB 1234, requests of staff, and other issues of concern to Council Members may be presented briefly at this time. The Council may not legally take action on any item presented at this time other than to direct staff to investigate a complaint or place an item on a future agenda unless (1) by a majority vote, the Council determines that an emergency situation exists, as defined by Government Code § 54956.5 or (2) by a four-fifths vote, the Council determines that there is a need for immediate action and the need for action arose subsequent to the agenda being posted as required by Government Code § 54954.2(b).

CITY MANAGER COMMENTS & REPORTS

ADJOURNMENT
Adjourn to the Regular Meeting of the City Council on Monday, February 3, 2025 at 6:00 p.m.

City Council Meeting
Agenda Report
Agenda Item No. 1
SUBJECT: APPROVAL OF CITY COUNCIL MEETING MINUTES
MEETING DATE: January 21, 2025
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the Regular City Council meeting of December 2, 2024, the Special City Council Meeting of December

10., 2024 and the Regular City Council meeting of December 16, 2024.

ATTACHMENTS:

Attachment A: City Council action minutes of December 2, 2024 regular meeting.

Attachment B: City Council action minutes of December 10, 2024 special meeting.

Attachment C: City Council action minutes of December 16, 2024 regular meeting.

City Council Meeting
Agenda Report
Agenda Item No. 2
SUBJECT: APPROVAL OF COMMISSION MEETING MINUTES
MEETING DATE: January 21, 2025
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk There are no minutes ready for approval at this time.

City Council Meeting
Agenda Report
Agenda Item No. 3
SUBJECT: APPROVAL OF WARRANT REGISTER
MEETING DATE: January 21, 2025
PREPARED BY: Celeste Reid, Finance Director
RECOMMENDATION: That the City Council approve the Warrant Register as presented.

SUMMARY: The attached Check Register Report for City Council’s approval is as follows:
a) Check Register Report with a total of $1,387,908.96 (Check Nos.42907-43037) b) December 19, 2024 Payroll of $126,245.58
January 1, 2025 Council Payroll of $3,897.25
January 2, 2025 Payroll of $131,337.77

City Council Meeting
Agenda Report
Agenda Item No. 4
SUBJECT: COUNCIL TRAVEL, TRAINING AND MEETING/MILEAGE

EXPENSES
MEETING DATE: January 21, 2025
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the Council Travel, Training and Meeting/Mileage Expenses Report through December 31, 2024.

ATTACHMENTS:

Attachment A: Council Travel, Training and Meeting/Mileage Expenses Report through December 31, 2024.

FISCAL YEAR 2024-25

COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES
ATTACHMENT 4A
MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
14-Aug State of District 5 Event $ 100.00
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ 100.00 REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 500.00 MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
11/20/20204Mayor/Council Academy - Cundieff $ 675.00 8-Jul Cal Cities Riverside Division Mtg $ 60.00 19-Sep Beaumont State of the City $ 75.00
10-Sep Calimesa Chamber Breakfast $ 30.00
9-Oct Banning SOTC $ 90.00
8-Oct Calimesa Chamber Breakfast $ 25.00
14-Nov LOCC Riverside Division $ 60.00
12/5/2024 Pass EDA City Manager Forum $ 25.00
TOTAL TRAVEL/TRAINING $ 675.00 TOTAL MEETING/MILEAGE $ 365.00 REMAINING BALANCE $ 775.00 REMAINING BALANCE $ 235.00

JEFF CERVANTEZ TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585

WENDY HEWITT - ERIC CUNDIEFF TRAVEL - MEETING/MILEAGE EXPENSES TRAVEL/TRAINING 01-1100-7585
FISCAL YEAR 2024-25

COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES
ATTACHMENT 4A
MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
9-Dec Mayor/Council Academy - Garcia $ 675.00
$500 transferred to new Mayor $ 500.00
TOTAL TRAVEL/TRAINING $ 1,175.00 TOTAL MEETING/MILEAGE $ - REMAINING BALANCE $ 725.00 REMAINING BALANCE $ 600.00
MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
10-16-10-18 LOCC Annual Conference Hotel $ 555.42 8-Jul Cal Cites Riverside Division Mtg $ 60.00 10-16-20204food expenses $ 40.00 14-Aug State of District 5 Event $ 100.00 17-Oct food expenses $ 57.97 8-Sep Cal Cites Riverside Division Mtg $ 65.00 16-Oct LOCC Riverside Div Lunch $ 80.00 9-Oct Banning SOTC $90.00 16-Dec Mayor/Council Academy (January) $ 675.00 14-Nov LOCC Riverside Division $60.00 5-Dec Pass EDA City Manager Forum $ 25.00
Molina Mayor $500 transferred from Davis
TOTAL TRAVEL/TRAINING $ 1,408.39 TOTAL MEETING/MILEAGE $ 400.00 REMAINING BALANCE $ 541.61 REMAINING BALANCE $ 200.00

LINDA MOLINA TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585

BILL DAVIS - EDGAR GARCIA TRAVEL - MEETING/MILEAGE EXPENSES TRAVEL/TRAINING 01-1100-7585
FISCAL YEAR 2024-25

COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES
ATTACHMENT 4A
MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DESCRIPTION AMOUNT
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ -
REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 600.00

JOHN MANLY TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585
City Council Meeting
Agenda Report
Agenda Item No. 5
SUBJECT: TREASURER’S REPORT FOR THE MONTH ENDED
NOVEMBER 30,2024
MEETING DATE: January 21, 2025
PREPARED BY: Celeste Reid, Finance Director and Treasurer RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended November 30, 2024.

BACKGROUND: Pursuant to Council Resolution No. 2024-60 approved on November 4, 2024, the monthly Treasurer’s Report is hereby submitted. The report complies with the aforementioned Council resolution, as well as Government Code Section 53646.

DISCUSSION: The investment report provides information in accordance with the Investment Policy approved by Council Resolution No. 2024-60. Information includes the reporting of realized and unrealized gain and loss activity for the respective month of reporting. Generally, unrealized gains and losses are the day-to-day increases or decreases in an assets value. Until an investment is sold for cash, the gains or losses remain unrealized. Realized gains and losses reflect the results of selling of investments and are the difference between the cost basis and the market value as of the transaction date of sale. The City will continually have reportable changes of unrealized gain and loss activity between cost basis and market value as underlying investments are subject to the variability of market conditions. Staff evaluates investment options on an ongoing basis to ensure reasonable access to funds and reserves are set aside to maintain availability of cash position for general operations and capital assets.

Significant transactions during the month include interest and dividend earnings of $9,135.99.

FISCAL IMPACT: Revenue of $ 9,135.99 of interest and dividend earnings was recognized for the CFD and Successor Agency funds.

ATTACHMENTS:

Attachment A: Treasurer’s Report for the month ended November 30, 2024.

City Council Meeting
Agenda Report
Agenda Item No. 6
SUBJECT: MOUNTAINVIEW PARK FURNISHING PROCUREMENT
MEETING DATE: January 21, 2025
PREPARED BY: Kyle Coney, Maintenance Superintendent
Mari Shakir, Interim Public Works Director
RECOMMENDATION: That the City Council:

1. Approve the purchase of Poligon Shelter from Miracle Playground in the amount of $39,815.98; and

2. Approve the purchase of Bench, Trash receptacles, and Bike rack from Avalon Amenities in the amount of $21,346.67; and

3. Approve the purchase of the Picnic tables and Planter seatwall from Outdoor Creations Inc. in the amount of $27,811.35; and

4. Adopt Resolution No. 2025-02 waiving formal purchasing procedures for the picnic tables and custom seatwall from Outdoor Creations.

DISCUSSION: The City Council awarded the construction contract for Mountainview Park to Three Peaks Corp. on May 6, 2024. To minimize contractor markup, City staff is directly procuring select equipment included in the park design for installation by the Contractor. These furnishings include a custom seat wall and picnic tables from Outdoor Creations, benches, trash cans, and bike rack from Avalon Amenities, and a shade structure from Miracle Playground.

Avalon Amenities and Miracle Playground have contracts with Equalis and Sourcewell, respectively.

Sourcewell and Equalis are programs that help government agencies comply with public bidding requirements through cooperative purchasing. Per Section 3.15.140 of the Calimesa Municipal Code (“CMC”), alternative purchasing procedures may be used in the discretion of the Purchasing Agent for the purchase of supplies, equipment, or services, including purchases of supplies, equipment or services where competitive bid procedures have already been utilized, such as purchases from federal, state or county governments, including, state of California agencies, counties, cities, joint power agencies, special districts, and nonprofit agencies whose main purpose is to assist cities or other public entities, and the supplies or equipment are supplied to the City at the same or better price, as was obtained through the competitive bid procedures of that entity.

Outdoor Creations does not currently have an agreement with a cooperative purchasing program.

Staff performed due diligence to obtain the best possible price and researched local companies that could furnish a comparable custom seatwall and was only able to find QCP Corp, which provided furnishings for the existing 4th Street Park construction. A quote was requested from QCP and they responded that they will not bid as they will not be able to compete with Outdoor Creations’ fair and reasonable quote. As such, staff is requesting that formal purchasing procedures be waived for the custom seatwall and picnic tables. CMC Section 3.15.130 (Waivers) of the City’s Purchasing Ordinance provides, in relevant part:
“At its discretion, the Council may, at any time by majority vote and without amending this chapter, waive purchasing procedures or alter these proceedings to fit a specific purchase when such waiver is not in violation of California State law.”
FISCAL IMPACT: The Mountainview Park Project is funded through Development Impact Fees, a grant from the State of California and a transfer from the General Fund.

ATTACHMENTS:

Attachment A: Miracle Playground Quote
Attachment B: Sourcewell Contract
Attachment C: Avalon Amenities Quote
Attachment D: Equalis Contract
Attachment E: Outdoor Creations Quote
Attachment F: Resolution 2025-02
4240 N 136th Ave
Holland MI 49424
Phone # (800) 264-7225
Fax # (877) 215-3869
[email protected]
www.poligon.com
Estimate Number Poligon 461
Estimate Date 12-12-2024
Expiration Date 02-10-2025
Sales Rep Charlotte Smith
Email [email protected]
Payment Terms To Be Determined - Deposit May Be Required Project Name
4th Street Park - City of Calimesa - Poligon
Item # & Description Quantity Rate
Poligon
Poligon Shelter RAM 16x34MR
Hip Style Structure with Multi-Rib Roof
Minimum Clearance Height of 10'
Anchor Bolts
Poli-5000 Finish
1 $30,828.06
Poligon Eng
Poligon Engineered Drawings and Calcs. Stamped.

Digital Copies OR 4 Hard copies and 2 printed calc
books. (Hard copies will have an additional $150 fee)
1 $500.00
$31,328.06

7.75% Sales Tax $2,427.92
Product Total $33,755.98
Description Quantity Rate
Freight Poligon
Shipping and Handling Fees for Poligon Shade
Structures. All shipping FOB Holland MI.
1 $6,060.00
Attachment 6A
$6,060.00
Sales Tax $0.00
Shipping, Handling and Non Taxable Services Total $6,060.00 Pricing based on Poligon's Sourcewell contract #012621-PPC Grand Total $39,815.98
NOTES AND EXCLUSIONS:
• This estimate shall not become binding until signed and returned for approval. • A signature indicates acceptance of all terms, conditions, and prices listed. • A signed quote will not substitute for a Purchase Order if one is required by the Customer. Purchase orders should be made out to PorterCorp. Purchase orders to be mailed/emailed./axed to Miracle Playground Sales 1101 California Ave, Suite 209, Corona CA 92881
OR [email protected] OR faxed to 877-215-3869 • The payment remittance address is 4240 N. 136th Ave Holland MI 49424 • Exclusions: All Unloading, Storage, Installation, Site Work, Fees & Permits, outside of the quoted above. • Wind loads are 105 mph and snow loads are 5 lb unless otherwise noted above. • Poligon Structures are proudly and exclusively represented by Miracle Playground Sales • Please note, in most locations, any shade (METAL, FABRIC, or PLASTIC) in excess of 120 sqft requires a building permit.
• It is the CUSTOMER’S RESPONSIBILITY to confirm with the local building department if permitting is necessary.
• If permitting is necessary, it is the CUSTOMER’S RESPONSIBILTY to request, pay, and obtain these permits.
• WE will provide the stamped engineering that is required to obtain the permit – this is part of our quote.

The CUSTOMER provides everything else such as permit application, fee payment, site plan, etc. • Your shade order will not be placed in the manufacturing queue until you have provided us the approved drawings.
• Because the permitting process varies greatly between agencies, any stated lead time does NOT include the permitting process.
•

QUALIFICATIONS
• Changes made to the drawings referenced will be reviewed and may affect pricing • Pricing assumes standard Poligon colors from the current color chart. • A checklist of all documents required to place structures into production will be provided by Miracle Playground Sales once the Purchase order is received. ALL items on the checklist must be provided prior to releasing structure(s) into fabrication. • If anchor bolts are listed above, we will need to know PRIOR to ordering if the anchor bolts will need Mill Certifications. • Any changes made to the structure after entering production will be charged a non-negotiable $1000 fee.

Frame & Roof
®
Frame Colors (Poli-5000® Certified)
The most durable frame finish available in the industry.

The Poli-5000® Super-Durable TGIC powder coat offers excellent outdoor durability and fade resistance to our steel shelter frames. It is tough, resilient, and will withstand harsh environments while retaining its smooth, high-gloss or matte finish for years to come.

Glacier White * Ash Gray* Fox Hollow Gray Greystone* Slate Bumper Black* Linen Almond Surrey Beige* Canvas Taupe Coastal Khaki Suede Barkwood Tudor Brown* Patrician Bronze Pomegranate Black Cherry Arctic Ice Mystic Harbor Blue* Sea Glass Juniper Olive Tree* Hunter Green* Red Baron Streak Blue Daffodil Flint** Uptown Bronze** Silver Frost** *represents frame colors also available in matte finish **represents frame colors available with a slight upcharge Due to the nature of printed materials, colors may vary slightly from the swatches shown.

Please request actual color sample before making final selection.

Roof Colors (Kynar-500® Certified)
Providing protection against weathering to extend the life of your roof.

Kynar-500® PVDF resin-based coatings offer excellent protection to our metal roofs. The high-performance fluoropolymer resin, with its extraordinary capability to retain color and gloss, keeps your painted metal roof looking vibrant and appealing.

Regal White Bone White Sandstone Almond Surrey Beige
Medium Bronze Tudor Brown Mansard Brown Patrician Bronze Matte Black
Brite Red
Colonial Red Brandywine Terracotta Patina Green Evergreen Hartford Green Roman Blue Regal Blue Ash Gray Slate Gray Charcoal
Buckskin
Silver Metallic* Copper Penny* Leadcoat* Preweathered Galvalume Plus Galvalume*
Champagne
Metallic*
Dark Bronze
*represents roof colors available with a slight upcharge Due to the nature of printed materials, colors may vary slightly from the swatches shown.

Please request actual color sample before making final selection. ®
www.poligon.com | 616.888.3500
L1007
We are certified by the Powder Coating Institute as PCI-4000. This means that we ensure all of our products are produced with a high quality powder coated frame. As a certified coater, we have developed a methodology to continually improve and enhance our power coating process, giving you the best product available on the market.

Frame & Roof Finish Technical Data
Poli-5000® Frame Finish
Excellent Durability
٠ Higher surface hardness / scratch resistance
٠ Reduced chance of damage to coating
during installation
٠ High resistance to cleaners and chemicals
٠ High resistance to wind borne abrasives
Kynar-500® Roof Finish
This high-performance fluoropolymer resin withstands the rigors of nature and time with its extraordinary capability to retain color and gloss. Noted by architects around the world, our Kynar-500® coated roofs will keep your shelter looking its best for years to come.

Technical Notes
Custom colors are available for frames and roofs. Such colors may incur an up charge, require extended lead times, and have minimum order requirements. Custom roof colors may not be Kynar-500®. Consult with Poligon for details.

Test Description Test Method Poli-5000® Results
Salt Spray Resistance ASTM B 117 / ASTM D 1654 Method 2 (No scraping) 10,000 hours, no creep from scribe line, rating of 10 Humidity ASTM D2247-02 5,000 hours with no loss of adhesion or blistering UV Light Resistance ASTM G154-04 - 2,000 hours of exposure. Alternate cycles (4 hours UVA and 4 hours condensation)
A) No chalking
B) 75% color retention
C) Color variation - max 3.0 E variation CIE formula
(before and after 2,000 hours of exposure)
Stain Resistance ASTM D1308 - 2e1 24 hours exposure with 10% concentration
No stain from the following: Mustard, Tannic Acid, Ketchup, Citric Acid, Coffee, Tartaric Acid, Cola, Oleic Acid, Lactic Acid, Orange Juice
Scratch Resistance Hoffman Scratch Hardness Tester No substrate appearance with 1,000 gram load Adhesion ASTM D3359-02 ASTM Class 4B rating or better
Impact Resistance ASTM D2794-93 100 in lbs. without cracking Hardness ASTM D6636-92a 2H min. - no indentation
Flexibility ASTM D522-93a 1/8” no cracking or loss of adhesion at bend Abrasion Taber abraser CS10 Wheel (1,000 mg. load) 14 mg. max weight loss per cycle Solvent Resistance 50+ MEK rubs Minimal to no dulling or color removal Poli-5000® Durability & Longevity Testing
Superior Exterior Performance
٠ High resistance to salt spray
٠ High resistance to chalking
٠ High resistance to film coating erosion
٠ Excellent color and gloss retention
Connect with Poligon
Our knowledgeable sales staff will answer your questions, forward materials, or refer you to a representative in your area. 012621-PPC
Rev. 10/2020 1
Solicitation Number: RFP #012621

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and PorterCorp, 4240 N. 136th Ave., Holland, MI 49424 (Vendor).

Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Open Air Structures and Accessory or Utility Buildings with Related Equipment and Services from which Vendor was awarded a contract.

Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires March 5, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.

C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.













  Attachment 6B
012621-PPC
Rev. 10/2020 2
All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable 












 
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time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.

Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing 












 
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restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at governmentowned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. 












 
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Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or

3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable. 












 
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B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).

The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. 












 
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Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.

D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.

E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their 












 
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respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. LIABILITY

Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications.

12. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.

If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor.
b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article.

Each party will be responsible for any breach of this Article by any of their respective sublicensees.

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a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos.
b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.

D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.

14. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.













 
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15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:













 
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x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
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4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract.

Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance 












 
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maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.

Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. 












 
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The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.

C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 












 
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hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any 












 
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agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the 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.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.













 
012621-PPC
Rev. 10/2020 17

22. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.

Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell PorterCorp
By: __________________________ By: __________________________ Jeremy Schwartz Ben Judy
Title: Director of Operations &
Procurement/CPO
Title: Director of Sales & Marketing
Date: ________________________ Date: ________________________ Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________













 






 
















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Bid Number: RFP 012621 Vendor Name: PorterCorp













 
Representative Sales Quote
Quote Date:

Quote No.

Project Name:

Bill To: Ship To:

Quantity Weight (lbs) Unit Cost Total Cost
5 287 $2,067.00 $10,335.00
4 228 $1,353.00 $5,412.00
1 150 $1,552.00 $1,552.00
Sub-Total $17,299.00
Tax $1,340.67
*Freight $2,707.00
Total $21,346.67
Victor Stanley, LLC as represented by:

To convert this into a valid purchase order to Victor Stanley, LLC kindly sign & return to [email protected] within 30 days to honor this pricing.

Attn: David Skalka, President
[email protected]
31915 Rancho California Rd, Suite 200-324
Temecula, CA 92591
Phone: (951) 299-9394 Fax: (951) 755-8809
*Customer may be billed and responsible for any additional sales tax that may apply.

Calimesa, CA 92320
Contact Email
909-795-9801
Contact Phone
Model Description
X Name (Please Print): ___________________________________________ Title:___________________________ X Customer Signature: ___________________________________________ Date:___________________________ *Please DO NOT make your payment out to Avalon Amenities Payments & POs are to be made directly out to Victor Stanley, LLC, 2103 Brickhouse Rd, Dunkirk, MD 20754 Releasing an Order into Production: Prior to Production, Victor Stanley, LLC requires your written confirmation as well as all required payment information in order to establish the appropriate credit terms and expedite production. Orders are released into Production once Victor Stanley, LLC receives signed sales/purchase order, credit determination and (where applicable) deposit, payment bond, etc.

Payment: Sales/purchase orders and payments are to be made out to Victor Stanley, LLC Victor Stanley accepts prepayment via check or credit card (Visa and MasterCard).

Credit terms are Net 30 with approved credit. All Net 30 credit determinations are made by Victor Stanley LLC's Credit Department.

Cancellation Fee: Victor Stanley, LLC manufactures all products to specific orders, and therefore reserves the right to charge a 20% cancellation fee if your order is canceled while in Production.

It is the buyer’s sole responsibility to inspect shipment at the time of delivery, both by comparing the number of packages received to the number outlined on the Bill of Lading, and by inspecting the packaging for damage. Damage, loss, or shortage must be noted on the signed Proof of Delivery prior to the departure of the delivery driver, and must be reported within seven (7) days. Replacement cannot be guaranteed for damage, loss, or shortage not clearly noted on delivery paperwork and promptly reported. This includes damage to materials that will be stored for later use.

All Victor Stanly, LLC products must be permanently affixed to the ground. Consult your local codes for regulations. Anchor bolts are not provided. Price does not include installation or assembly.

While the vast majority of Victor Stanley, LLC components satisfy Buy America requirements, Victor Stanley, LLC must know if there are Buy America requirements before the order is placed.

Avalon Amenities is the exclusive representative for Victor Stanley site furnishings in Southern California. Victor Stanley, LLC (VSI) is a manufacturer of site furnishings including litter receptacles, benches, tables, planters, bike racks, bollards and ash urns. Neither Avalon Amenities nor VSI are contractors or sub-contractors working on-site.

As a result, they do not have the original contract, plans, specifications or any addendums/addendas for this project. Therefore, they can only be responsible for quoting and providing the products and quantities that are the subject of the purchase order that has been provided.

FBF-50
Streetsites Series 6' Contoured Bench, Horizontal Steel Slats, Bronze Powder Coat, In-Ground Mount
BK-2 Parsons Series Bike Rack, Bronze Powder Coat, In-Ground Mount RB-36
Steelsites RB Series 36-Gallon Litter Receptacle, Standard Tapered Formed Lid, Black Plastic Liner, Bronze Powder Coat

This Sales Order for Victor Stanley, LLC in Dunkirk MD is valid for 30 days.

December 12, 2024
Q122411
4th St Park
City, State, Zip Code
Company
Contact Name
City of Calimesa Total shipping weight =2497 lbs. from Dunkirk, MD.

Freight pricing is valid for 30-days from the
date of this quote.

If a lift gate truck is required, there may be an
additional charge added to the freight cost.

Ship Via: Common Carrier
Unloading is the responsibility of the receiver.

Ship Freight: Prepaid and Add
Shipping Method: FOB Factory
Estimated Lead Time: Allow 7 to 9 weeks for
production of your order
Contact Phone # for Delivery
Contact Name for Delivery
[email protected]
Address
Calimesa, CA 92320
Address City, State, Zip Code
Kyle Coney
908 Park Ave
Company
Exclusive Representatives of the Victor Stanley Product Line in Southern California Attachment 6C
Representative Sales Quote
Quote Date:

Quote No.

Project Name:

8.) We realize that projects funded by infrastructure bills may be tied to Buy America requirements; does this project have Buy America requirements? __________________________________________________________________________________________________________ Victor Stanley, LLC as represented by: Page 2 of 2
Please provide the following additional information below when placing your order:

3.) Is a liftgate needed to off load at delivery? (Lift gate fees start at $178.00 and increase with order size. Some orders may be too large to be shipped with a lift gate equipped truck. No 8' benches can include a lift gate.) ______________________________________________________ Temecula, CA 92591
Phone: (951) 299-9394 Fax: (951) 755-8809
Q122411
4th St Park
Attn: David Skalka, President This Sales Order for Victor Stanley, LLC in Dunkirk MD is [email protected] valid for 30 days.
31915 Rancho California Rd, Suite 200-324 December 12, 2024

7.) Is there a required delivery date (Memorial, Special Event, Grand Opening, etc.)? Expediting production schedule fees may apply._________

1.) Online payment contact name and email address (the email address for eBilling/electronic billing)? ___________________________________

2.) If your project is state sales tax exempt, please provide a copy of your exemption form at this time. Is your project state sales tax exempt?_______________________________________________________________________________________________________________

5.)Does your project require UV Resistant Packaging Labels? (Will the products be stored outside and/or exposed to sun/rain, etc.) UV Resistant Packaging Labels will be $20 per product. ________________________________________________________________________

4.) If you do not need a lift gate, please verify what equipment you have to offload (forklift, pallet jack, manpower, etc.)_____________________

6.) If your order is completed prior to the estimated lead time, may we ship your order early? If not, please provide the earliest date you can accept the products?___________________________________________________________________________________________________ Exclusive Representatives of the Victor Stanley Product Line in Southern California

fm
REQUEST FOR PROPOSAL #R10-1159 FOR:

Parks and Recreation Equipment and Related
Services
October 13, 2023
Section Two:

Proposal Submission, Questionnaire and
Required Forms
Attachment 6D

SECTION THREE: PART A – VENDOR CONTRACT AND GENERAL TERMS AND

CONDITIONS

VENDOR CONTRACT AND SIGNATURE FORM
This Vendor Contract and Signature Form (“Contract”) is made as of January 1, 2024, by and between (“Vendor”) and Region 10 Education Service Center (“Region 10 ESC”) for the purchase of (enter category here) (“the products and services”).

RECITALS
WHEREAS, both parties agree and understand that the following pages will constitute the contract between the successful vendor(s) and Region 10 ESC, having its principal place of business at Education Service Center, Region 10, 400 E Spring Valley Rd, Richardson, TX 75081 WHEREAS, Vendor agrees to include, in writing, any required exceptions or deviations from these terms, conditions, and specifications; and it is further understood that if agreed to by Region 10 ESC, said exceptions or deviations will be incorporated into the final contract “Vendor Contract.” WHEREAS, this contract consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth below shall control.

WHEREAS, the Vendor Contract will provide that any state, county, 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 agencies or non-profit organization may purchase products and services at prices indicated in the Vendor Contract upon registering and becoming a Member with Region 10 ESC; and it being further understood that Region 10 ESC shall act as the Lead Public Agency with respect to all such purchase agreements.

WHEREAS, Equalis Group has the administrative and legal capacity to administer purchases on behalf of Region 10 ESC under the Vendor Contract with participating public agencies and entities, as permitted by applicable law.

1. ARTICLE 1 – GENERAL TERMS AND CONDITIONS

1.1 Equalis Group shall be afforded all of the rights, privileges and indemnifications afforded to Region 10 ESC under the Vendor Contract, and such rights, privileges and indemnifications shall accrue and apply with equal effect to Equalis Group, including, without limitation, Vendor’s obligation to provide insurance and other indemnifications to Lead Public Agency.

1.2 Awarded vendor shall perform all duties, responsibilities and obligations, set forth in this agreement, and required under the Vendor Contract.

1.3 Equalis Group shall perform its duties, responsibilities and obligations as administrator of purchases, set forth in this agreement, and required under the Vendor Contract.

Victor Stanley, LLC

1.4 Customer Support: The vendor shall provide timely and accurate technical advice and sales support to Region 10 ESC staff, Equalis Group staff and participating agencies. The vendor shall respond to such requests within one (1) working day after receipt of the request.

2. ARTICLE 2 – ANTICIPATED TERM OF AGREEMENT

2.1 Term: The term of the Contract shall commence upon award and shall remain in effect for a period of three (3) years, unless terminated, canceled or extended as otherwise provided herein. The Contractor agrees that Region 10 ESC shall have the right, at its sole option, to renew the Contract for two (2) additional one-year periods or portions thereof. In the event that Region 10 ESC exercises such rights, all terms, conditions and provisions of the original Contract shall remain the same and apply during the renewal period with the possible exception of price and minor scope additions and/or deletions.

2.2 Automatic Renewal: Renewal will take place automatically for one (1) year unless Region 10 ESC gives written notice to the awarded supplier at least ninety (90) days prior to the expiration.

3. ARTICLE 3 – REPRESENTATIONS AND COVENANTS

3.1 Scope: This contract is based on the need to provide the economic benefits of volume purchasing and reduction in administrative costs through cooperative purchasing to schools and other Members.

3.2 Compliance: Cooperative Purchasing Agreements between Equalis Group and its Members have been established under state procurement law.

3.3 Vendor’s promise: Vendor agrees all prices, terms, warranties, and benefits granted by Vendor to Members through this contract are comparable to or better than the equivalent terms offered by Vendor to any present customer meeting the same qualifications or requirements.

4. ARTICLE 4 – FORMATION OF CONTRACT

4.1 Vendor contract documents: Region 10 ESC will review proposed Vendor contract documents.

Vendor’s contract document shall not become part of Region 10 ESC’s contract with vendor unless and until an authorized representative of Region 10 ESC reviews and approves it.

4.2 Form of contract: The form of contract for this solicitation shall be the Request for Proposal, the awarded proposal(s) to the lowest responsible respondent(s), and properly issued and reviewed purchase orders referencing the requirements of the Request for Proposal. If a firm submitting a proposal requires Region 10 ESC and/or Member to sign an additional agreement, a copy of the proposed agreement must be included with the proposal.

4.3 Entire Agreement (Parol evidence): The contract, as specified above, represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable.

4.4 Assignment of Contract: No assignment of contract may be made without the prior written approval of Region 10 ESC. Purchase orders and payment can only be made to awarded vendor unless otherwise approved by Region 10 ESC. Awarded vendor is required to notify Region 10 ESC when any material change in operations is made that may adversely affect Members (i.e. awarded vendor bankruptcy, change of ownership, merger, etc.).

4.5 Contract Alterations: No alterations to the terms of this contract shall be valid or binding unless authorized and signed with a “wet signature” by a Region 10 ESC staff member.

4.6 Order of precedence: In the event of a conflict in the provisions of the contract as accepted by Region 10 ESC, the following order of precedence shall prevail:

• General terms and conditions
• Specifications and scope of work
• Attachments and exhibits
• Documents referenced or included in the solicitation

4.7 Supplemental Agreements: The entity participating in the Region 10 ESC contract and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor. Neither Region 10 ESC, Equalis Group, its agents, Members and employees shall be made party to any claim for breach of such agreement.

5. ARTICLE 5 – TERMINATION OF CONTRACT

5.1 Cancellation for cause: If, for any reason, the Vendor fails to fulfill its obligation in a timely manner, or if the vendor violates any of the covenants, agreements, or stipulations of this contract, Region 10 ESC reserves the right to terminate the contract immediately and pursue all other applicable remedies afforded by law. Such termination shall be effective by delivery of notice, to the vendor, specifying the effective date of termination. In such event, all documents, data, studies, surveys, drawings, maps, models and reports prepared by vendor for this solicitation may become the property of the participating agency or entity. If such event does occur then vendor will be entitled to receive just and equitable compensation for the satisfactory work completed on such documents.

5.2 Delivery/Service failures: Region 10 ESC may issue a written deficiency notice to contractor for acting or failing to act in any of the following:
i. Providing material that does not meet the specifications of the contract; ii. Providing work and/or material that was not awarded under the contract; iii. Failing to adequately perform the services set forth in the scope of work and specifications; iv. Failing to complete required work or furnish required materials within a reasonable amount of time;
v. Failing to make progress in performance of the contract and/or giving Region 10 ESC reason to believe that contractor will not or cannot perform the requirements of the contract; and/or vi. Performing work or providing services under the contract prior to receiving a Region 10 ESC reviewed purchase order for such work.

Upon receipt of a written deficiency notice, contractor shall have ten (10) days to provide a satisfactory response to Region 10 ESC. Failure to adequately address all issues of concern may result in contract cancellation. Failure to deliver goods or services within the time specified or within a reasonable time period as interpreted by the purchasing agent, or failure to make replacements or corrections of rejected articles/services when so requested shall constitute grounds for the contract to be terminated. In the event that the participating agency or entity must purchase in an open market, contractor agrees to reimburse the participating agency or entity, within a reasonable time period, for all expenses incurred.

5.3 Force Majeure: If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is

affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty

5.4 Cancellation for convenience: Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 90 business days after the other party receives the notice of cancellation. After the 90th business day all work will cease following completion of final purchase order. Region 10 ESC reserves the right to request additional items not already on contract at any time.

6. ARTICLE 6 – LICENSES

6.1 Duty to keep current license: Vendor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by vendor.

Vendor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services under the contract. Region 10 ESC reserves the right to stop work and/or cancel the contract of any vendor whose license(s) expire, lapse, are suspended or terminated.

6.2 Suspension or Debarment: Vendor shall provide a letter in the proposal notifying Region 10 ESC of any debarment, suspension or other lawful action taken against them by any federal, state, or local government within the last five (5) years that precludes Vendor or its employees from participating in any public procurement activity. The letter shall state the duration of the suspension or action taken, the relevant circumstances and the name of the agency imposing the suspension. Failure to supply or disclose this information may be grounds for cancellation of contract.

6.3 Survival Clause: All applicable software license agreements, warranties or service agreements that were entered into between Vendor and Customer/participating Member under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued and accepted by Order Fulfiller shall survive expiration or termination of the Contract.

7. ARTICLE 7 – DELIVERY PROVISIONS

7.1 Delivery: Vendor shall deliver said materials purchased on this contract to the participating Member issuing a Purchase Order. Conforming product shall be shipped within 7 days of receipt of Purchase Order. If delivery is not or cannot be made within the time specified by the Purchase Order the vendor must receive authorization from the purchasing agency for the delayed delivery. At this point the participating entity may cancel the order if estimated shipping time is not acceptable.

7.2 Inspection & Acceptance: If defective or incorrect material is delivered, purchasing agency may make the determination to return the material to the vendor at no cost to the purchasing agency.

The vendor agrees to pay all shipping costs for the return shipment. Vendor shall be responsible for arranging the return of the defective or incorrect material.

7.3 Responsibility for supplies tendered: Vendor shall be responsible for the materials or supplies covered by this contract until they are delivered to the designated delivery point.

7.4 Shipping Instructions: Unless otherwise specified, each case, crate, barrel, package, etc, delivered under this contract must be plainly labeled, securely tagged, stating Vendor’s name, purchase order number, quantity contained therein, and delivery address as indicated in the order. Deliveries must be made within the hours of 8:00 am – 4:00 pm. Deliveries at any other time (including Saturdays, Sundays and holidays) will not be accepted unless arrangements have been made in advance with the receiver at the delivery point. Vendor understands that it is their responsibility to ensure compliance with the delivery instructions outlined in this agreement.

7.5 Additional charges: Unless bought on F.O.B. “shipping point” and Vendor prepays transportation, no delivery charges shall be added to invoices except when express delivery is authorized and substituted on orders for the method specified in the contract. In such cases, the difference between freight or mail and express charges may be added to the invoice.

7.6 Buyer’s delays: Region 10 ESC will not be responsible for any late fees due the prime contractor by the participating Member. The prime contractor will negotiate with the participating agency for the recovery of damages related to expenses incurred by the vendor for a delay for which the Member is responsible, which is unreasonable, and which was not within the contemplation of the parties to the contract between the two parties.

8. ARTICLE 8 – BILLING AND REPORTING

8.1 Payments: The participating entity using the contract will make payments directly to the awarded vendor. Payment shall be made after satisfactory performance, in accordance with all provisions thereof, and upon receipt of a properly completed invoice.

8.2 Tax Exempt Status: Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the Vendor.

9. ARTICLE 9 – PRICING

9.1 Market competitive guarantee: Vendor agrees to provide market competitive pricing, based on the value offered upon award, to Region 10 ESC and its participating public agencies throughout the duration of the contract.

9.2 Price increase: Should it become necessary or proper during the term of this contract to make any change in design or any alterations that will increase expense, Region 10 ESC must be notified immediately. Price increases must be approved by Lead Agency and no payment for additional materials or services, beyond the amount stipulated in the contract, shall be paid without prior approval. All price increases must be supported by manufacture documentation, or a formal cost justification letter.

Vendor must honor previous prices for thirty (30) days after approval and written notification from Region 10 ESC if requested.

It is Vendor’s responsibility to keep all pricing up to date and on file with Region 10 ESC. All price changes must be provided to Region 10 ESC, using the same format as was accepted in the original contract.

9.3 Additional Charges: All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing.

9.4 Price reduction and adjustment: Price reduction may be offered at any time during contract and shall become effective upon notice of acceptance from Region 10 ESC. Special, time-limited reductions are permissible under the following conditions: 1) reduction is available to all Members equally; 2) reduction is for a specific time period, normally not less than thirty (30) days; 3) original price is not exceeded after the time-limit; and 4) Region 10 ESC has approved the new prices prior to any offer of the prices to a Member. Vendor shall offer Region 10 ESC any published price reduction during the contract period.

9.5 Prevailing Wage: It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser (Region 10 ESC or its Participating Members). It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate Department of Labor for any increase in rates during the term of this contract and adjust wage rates accordingly.

9.6 Administrative Fees: The Vendor agrees to pay administrative fees to Equalis Group based on the terms set in the Equalis Group Administration Agreement. All pricing submitted to Region 10 shall include the administrative fee to be remitted to Equalis Group by the awarded vendor.

9.7 Price Calculation: Cost plus a percentage as a primary mechanism to calculate pricing is not allowed.

Pricing may either be in the form of line item pricing, defined as a specific individual price on a product or service, or a percentage discount from a verifiable catalog or price list. Other discounts or incentives may be offered.

10. ARTICLE 10 – PRICING AUDIT

10.1 Audit rights: Vendor shall, at Vendor’s sole expense, maintain appropriate due diligence of all purchases made by Region 10 ESC and any participating entity that accesses this Agreement. Equalis Group and Region 10 ESC each reserve the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. In the State of New Jersey, this audit right shall survive termination of this Agreement for a period of five (5) years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request. Region 10 ESC shall have the authority to conduct random audits of Vendor’s pricing that is offered to eligible entities at Region 10 ESC's sole cost and expense.

Notwithstanding the foregoing, in the event that Region 10 ESC is made aware of any pricing being offered to eligible agencies that is materially inconsistent with the pricing under this agreement, Region 10 ESC shall have the ability to conduct an extensive audit of Vendor’s pricing at Vendor’s sole cost and expense. Region 10 ESC may conduct the audit internally or may engage a third-party auditing firm. In the event of an audit, the requested materials shall be provided in the format and at the location designated by Region 10 ESC or Equalis Group.

11. ARTICLE 11 – PROPOSER PRODUCT LINE REQUIREMENTS

11.1 Current products: Proposals shall be for materials and equipment in current production and marketed to the general public and education/government agencies at the time the proposal is submitted.

11.2 Discontinued products: If a product or model is discontinued by the manufacturer, Vendor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model.

11.3 New products/Services: New products and/or services that meet the scope of work may be added to the contract. Pricing shall be equivalent to the percentage discount for other products. Vendor may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products and/or services may be added to avoid competitive procurement requirements. Region 10 ESC may require additions to be submitted with documentation from Participating Members demonstrating an interest in, or a potential requirement for, the new product or service. Region 10 ESC may reject any additions without cause.

11.4 Options: Optional equipment for products under contract may be added to the contract at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2) the option is an enhancement to the unit that improves performance or reliability.

11.5 Product line: Vendors with a published catalog may submit the entire catalog. Region 10 ESC reserves the right to select products within the catalog for award without having to award all contents. Region 10 ESC may reject any addition of equipment options without cause.

11.6 Warranty conditions: All supplies, equipment and services shall include manufacturer's minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in writing.

11.7 Buy American requirement: Vendors may only use unmanufactured construction material mined or produced in the United States, as required by the Buy American Act. Where trade agreements apply, to the extent permitted by applicable law, then unmanufactured construction material mined or produced in a designated country may also be used. Vendors are required to check state specific requirements to ensure compliance with this requirement.

11.8 Domestic preference: Region 10 ESC prefers the purchase, acquisition, or use of goods, products, or materials produced in the United States.

12. ARTICLE 12 – SITE REQUIREMENTS

12.1 Cleanup: Vendor shall clean up and remove all debris and rubbish resulting from their work as required or directed by Member. Upon completion of the work, the premises shall be left in good repair and an orderly, neat, clean and unobstructed condition conducive to the Member’s business purpose.

12.2 Site Preparation: Vendor shall not begin a project for which Participating Member has not prepared the site, unless Vendor does the preparation work at no cost, or until Participating Member includes the cost of site preparation in a purchase order to the contractor. Site preparation includes, but is not limited to moving furniture, moving equipment or obstructions to the work area, installation of wiring for networks or any other necessary pre-installation requirements.

12.3 Registered sex offender restrictions: For work to be performed at schools, Vendor agrees that no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or are reasonably expected to be present. Vendor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at the Participating Member’s discretion. Vendor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge. Vendor is also responsible for ensuring that their employees or contractors who have direct contact with students are properly fingerprinted and background checked in accordance with local state law, if applicable.

12.4 Safety measures: Vendor shall take all reasonable precautions for the safety of employees on the worksite and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Vendor shall post warning signs against all hazards created by its operation and work

in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage.

12.5 Smoking/Tobacco: Persons working under the contract shall adhere to local tobacco and smoking (including e-cigarettes/vaping) policies. Smoking will only be permitted in posted areas or off premises.

12.6 Stored materials: Upon prior written agreement between the vendor and Member, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials must be provided to Participating Member with the application for payment seeking compensation for stored materials. Such materials must be stored and protected in a secure location and be insured for their full value by the vendor against loss and damage. Vendor agrees to provide proof of coverage and/or addition of Participating Member as an additional insured upon Participating Member’s request. Additionally, if stored offsite, the materials must also be clearly identified as property of buying Participating Member and be separated from other materials. Participating Member must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary.

Until final acceptance by the Participating Member, it shall be the Vendor's responsibility to protect all materials and equipment. Vendor warrants and guarantees that title for all work, materials and equipment shall pass to the Member upon final acceptance.

12.7 Maintenance Facilities and Support: It is preferred that each contractor should have maintenance facilities and a support system available for servicing and repair of product and/or equipment. If a third party is to be used to provide maintenance and support to the participating Member, Vendor must notify Region 10 ESC of that third party information. All technicians, applicators, installers shall be fully certified, trained and licensed to perform said duties.

13. ARTICLE 13 – MISCELLANEOUS

13.1 Funding Out Clause: Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the entity’s current revenue only, provided the contract contains either or both of the following provisions:
“Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract in the subsequent fiscal year.”

13.2 Disclosures: Vendor affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract.

13.2.1 Vendor has a continuing duty to disclose a complete description of any and all relationships that might be considered a conflict of interest in doing business with Members in Equalis Group.

13.2.2 Vendor affirms that, to the best of his/her knowledge, the offer was arrived at independently, and was submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract.

13.3 Indemnity: Vendor shall protect, indemnify, and hold harmless both Region 10 ESC and Equalis Group and its Members, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of Vendor, Vendor employees or Vendor subcontractors in the preparation of the solicitation and the later execution of the contract,

including any supplemental agreements with Members. Any litigation involving either Region 10 ESC or Equalis Group, its administrators and employees and agents shall be in a court of competent jurisdiction in Dallas County, Texas. Texas law shall apply to any such suit, without giving effect to its choice of laws provisions. Any litigation involving Equalis Group participating Members shall be in the jurisdiction of the participating agency.

13.4 Franchise Tax: Vendor hereby certifies that he/she is not currently delinquent in the payment of any required franchise taxes, and shall remain current on any such franchise taxes throughout the term of this contract.

13.5 Marketing: Vendor agrees to allow Region 10 ESC and Equalis Group to use their name and logo within website, marketing materials and advertisement. Any use of the Region 10 ESC or Equalis Group name and logo or any form of publicity, inclusive of press releases, regarding this contract by Vendor must have prior approval from Region 10 ESC.

13.6 Insurance: Unless otherwise modified elsewhere in this document, prior to commencing services under this contract for a participating Member, contractor shall procure, provide and maintain during the life of this agreement comprehensive public liability insurance to include course of construction insurance and automobile liability, providing limits of not less than $1,000,000.00 per occurrence. The insurance form will be an “all risk” type of policy with standard exclusions.

Coverage will include temporary structures, scaffolding, temporary office trailers, materials, and equipment. Contractor shall pay for the deductibles required by the insurance provided under this agreement.

13.6.1 Certificates of insurance shall be delivered to the Member prior to commencement of work.

The insurance company shall be licensed to do business and write the appropriate lines of insurance in the applicable state in which work is being conducted. Vendor shall give the participating entity a minimum of ten (10) days’ notice prior to any modifications or cancellation of policies. Vendor shall require all subcontractors performing any work to maintain coverage as specified.

13.6.2 Prior to commencing any work under this contract, any subcontractor shall also procure, provide, and maintain, at its own expense until final acceptance of the work performed, insurance coverage in a form acceptable to the prime contractor. All subcontractors shall provide worker’s compensation insurance which waives all subrogation rights against the prime contractor and Member.

13.7 Subcontracts/Sub Contractors: If Vendor serves as prime contractor, it shall not enter into any subcontract subject to this solicitation without prior approval from Region 10 ESC. Any/all subcontractors shall abide by the terms and conditions of this contract and the solicitation.

13.7.1 No subcontract relationships shall be entered into with a party not licensed to do business in the jurisdiction in which the work will be performed. Contractor must use subcontractors openly, include such arrangements in the proposal, and certify upon request that such use complies with the rules associated with the procurement codes and statutes in the state in which the contractor is conducting business.

13.7.2 Contractor agrees to pay subcontractors in a timely manner. Failure to pay subcontractors for work faithfully performed and properly invoiced may result in suspension or termination of this contract. Prior to participating Member’s release of final retained amounts, Contractor shall produce verified statements from all subcontractors and material suppliers that those entities have been paid in full amounts due and owing to them.

13.8 Legal Obligations: It is the Vendor’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services identified in this RFP and any awarded

contract and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be followed even if not specifically identified herein.

13.9 Boycott Certification: Vendor hereby certifies that during the term of any Agreement, it does not boycott Israel and will not boycott Israel. “Boycott” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.
[Signatures follow on Signature Form]
PROPOSAL FORM 20: GENERAL TERMS AND CONDITIONS ACCEPTANCE FORM Signature on the Vendor Contract Signature form certifies complete acceptance of the General Terms and Conditions in this solicitation, except as noted below (additional pages may be attached, if necessary).

Check one of the following responses to the General Terms and Conditions:

X We take no exceptions/deviations to the general terms and conditions (Note: If none are listed below, it is understood that no exceptions/deviations are taken.)  We take the following exceptions/deviations to the general terms and conditions. All exceptions/deviations must be clearly explained. Reference the corresponding general terms and conditions that you are taking exceptions/deviations to. Clearly state if you are adding additions terms and conditions to the general terms and conditions. Provide details on your exceptions/deviations below:
(Note: Unacceptable exceptions shall remove your proposal from consideration for award. Region 10 ESC shall be the sole judge on the acceptance of exceptions/deviations and the decision shall be final.)  


  


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Proposal Form Checklist.................................................................................................................................................................................3 PROPOSAL FORM 1: ATTACHMENT B – PRICING..........................................................................................................................4 PROPOSAL FORM 2: QUESTIONNAIRE & EVALUATION CRITERIA....................................................................................5 PROPOSAL FORM 3: CERTIFICATIONS AND LICENSES..........................................................................................................12 PROPOSAL FORM 4: CLEAN AIR WATER ACT ..............................................................................................................................13 PROPOSAL FORM 5: DEBARMENT NOTICE...................................................................................................................................14 PROPOSAL FORM 6: LOBBYING CERTIFICATION ......................................................................................................................15 PROPOSAL FORM 7: CONTRACTOR CERTIFICATION REQUIREMENTS ......................................................................15 PROPOSAL FORM 8: ANTITRUST CERTIFICATION STATEMENTS.....................................................................................16 PROPOSAL FORM 9: IMPLEMENTATION OF HOUSE BILL 1295 ........................................................................................17 PROPOSAL FORM 10: BOYCOTT CERTIFICATION AND TERRORIST STATE CERTIFICATION .........................18 PROPOSAL FORM 11: RESIDENT CERTIFICATION.......................................................................................................................19 PROPOSAL FORM 12: FEDERAL FUNDS CERIFICATION FORM .......................................................................................20 PROPOSAL FORM 13: ADDITIONAL ARIZONA CONTRACTOR REQUIREMENTS.................................................... 29 PROPOSAL FORM 14: OWNERSHIP DISCLOSURE FORM (N.J.S. 52:25-24.2).............................................................. 31 PROPOSAL FORM 15: NON-COLLUSION AFFIDAVIT ................................................................................................................ 32 PROPOSAL FORM 16: AFFIRMATIVE ACTION AFFIDAVIT (P.L. 1975, C.127)................................................................. 33 PROPOSAL FORM 17: C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM....................................................... 36 PROPOSAL FORM 18: STOCKHOLDER DISCLOSURE CERTIFICATION ..........................................................................41 PROPOSAL FORM 19: GENERAL TERMS AND CONDITIONS ACCEPTANCE FORM ............................................42 PROPOSAL FORM 20: EQUALIS GROUP ADMINISTRATION AGREEMENT...............................................................43 PROPOSAL FORM 21: OPEN RECORDS POLICY ACKNOWLEDGEMENT AND ACCEPTANCE.....................44 PROPOSAL FORM 22: VENDOR CONTRACT AND SIGNATURE FORM ........................................................................45

Proposal Form Checklist
The following documents must be submitted with the Proposal The below documents can be found in Section 2; Proposal Submission and Required Bid Forms and must be submitted with the proposal. Please note Proposal Form 1 is a separate attachment (attachment B).

PROPOSAL PRICING: Attachment B is provided separately in a Microsoft Excel file and is required to complete your price proposal.

PROPOSAL FORM 1: ATTACHMENT B - PRICING
QUESTIONNAIRE & EVALUATION CRITERIA:

PROPOSAL FORM 2: QUESTIONNAIRE & EVALUATION CRITERIA
OTHER REQUIRED PROPOSAL FORMS:

PROPOSAL FORM 3: CERTIFICATIONS AND LICENSES
PROPOSAL FORM 4: CLEAN AIR AND WATER ACT
PROPOSAL FORM 5: DEBARMENT NOTICE
PROPOSAL FORM 6: LOBBYING CERTIFICATION
PROPOSAL FORM 7: CONTRACTOR CERTIFICATION REQUIREMENTS
PROPOSAL FORM 8: ANTITRUST CERTIFICATION STATEMENTS
PROPOSAL FROM 9: IMPLEMENTATION OF HOUSE BILL 1295
PROPOSAL FROM 10: BOYCOTT CERTIFICATION AND TERRORIST STATE CERTIFICATION PROPOSAL FORM 11: RESIDENT CERTIFICATION
PROPOSAL FORM 12: FEDERAL FUNDS CERIFICATION FORM
PROPOSAL FORM 13: ADDITIONAL ARIZONA CONTRACTOR REQUIREMENTS PROPOSAL FORM 14: OWNERSHIP DISCLOSURE FORM (N.J.S. 52:25-24.2) PROPOSAL FORM 15: NON-COLLUSION AFFIDAVIT
PROPOSAL FORM 16: AFFIRMATIVE ACTION AFFIDAVIT (P.L. 1975, C.127) PROPOSAL FORM 17: C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM PROPOSAL FORM 18: STOCKHOLDER DISCLOSURE CERTIFICATION
PROPOSAL FORM 19: GENERAL TERMS AND CONDITIONS ACCEPTANCE FORM PROPOSAL FORM 20: EQUALIS GROUP ADMINISTRATION AGREEMENT PROPOSAL FORM 21: OPEN RECORDS POLICY ACKNOWLEDGEMENT AND ACCEPTANCE PROPOSAL FORM 22: VENDOR CONTRACT AND SIGNATURE FORM
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PROPOSAL FORM 1: ATTACHMENT B – PRICING
Pricing should be entered in the attachment B Excel form provided in this RFP packet. Please reference Section 1, Part B, Instructions to Proposers, for more information on how to complete pricing.
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PROPOSAL FORM 2: QUESTIONNAIRE & EVALUATION CRITERIA
Instructions:

Respondents should incorporate their questionnaire responses directly into the green cells below. Failure to provide responses in this format may result in the proposal being deemed as non-responsive at the sole discretion of Region 10.

Respondents may incorporate additional documents as part of their response which may be utilized by Region 10 as part of the evaluation. Additional documents must be consolidated as part of this Section 2 at the end of your response. Vendor responses are strictly limited to 30 additional pages. Vendors who submit more than 30 additional pages may result in the proposal being deemed non-responsive at the sole discretion of Region 10.

Region 10 has associated the evaluation criteria with the question that most closely aligns with that respective evaluation criteria. Region 10 reserves the right at its sole discretion to base its evaluation and specific evaluation criteria on any part of the respondent’s proposal.

Evaluation
Criteria
Question Answer
Basic Information
Required information for
notification of RFP results
What is your company’s official registered
name?
Victor Stanley, LLC
What is the mailing address of your company’s
headquarters?
2103 Brickhouse Road, Dunkirk, MD 20754
Who is the main contact for any questions and
notifications concerning this RFP response,
including notification of award? Provide name,
title, email address, and phone number.

TJ Carter, Customer Service Manager
[email protected]
800-368-2573, x347
Products/Pricing (30 Points)
Coverage of products and
services
No answer is required. Region 10 will utilize your overall response and the products/services provided in Attachment B to make this determination Ability of offered products and
services to meet the needs
requested in the scope
No answer is required. Region 10 will utilize your overall response and the products/services provided in Attachment B to make this determination Pricing for all available
products and services,
including warranties if
applicable
Please list the current manufacturers you
partner with.

N/A
Does the respondent agree to offer all future
product and services at prices that are
proportionate to contract pricing offered
herein?
Yes, and prices based on most current price list

Does pricing submitted include the required
administrative fee?
Yes
Do you offer any other promotions or
incentives for customers? If yes, please
describe.

No
Ability of Customers to verify
that they received contract
pricing
Were all products/lines/services and pricing
being made available under this contract
provided in the attachment B and/or Appendix
B, pricing sections?
Yes
Outline your pricing strategy provided in
Attachment B. If utilizing a list price, please
indicate where agencies can find the list and
your methodology for determining that list
price.

Prices determined by VP of Product Development and Operations Payment methods Define your invoicing process and methods of payments you will accept. Please include the
overall process for agencies to make payments
Customers can apply for credit.

Payments accepted by Credit Card, Check/Money Order, ACH Bank Transfers and Wire Transfers Other factors relevant to this
section as submitted by the
Respondent
No answer is required. Region 10 will utilize your overall response and the products/services provided in Attachment B to make this determination Performance Capability (25 Points)
Product quality and features Please provide a high-level overview of the products and services being offered and how
they address the scope being requested herein.

Carefully integrated designs and innovative use of materials and technology embody our commitment to produce durable, strong, functional, attractive, and comfortable site furniture. Remaining current in the marketplace defines our daily efforts. This includes meeting the challenges of changing designs and the welcome growth in acceptance of the need to protect the environment. We combine tested as well as unique materials and manufacturing techniques, in new and exciting ways. We take time to solve difficult engineering problems. We listen to the invaluable suggestions, requirements, and criticism of landscape architects, architects, cities and municipalities, designers, urban planners, engineers, end-users, and customers throughout the world.

Describe how your products and services
comply with applicable industry
regulations/safety standards.

Most Victor Stanley benches are ADA compliant. Member of the ASLA.

Outline how your playground and/or recreation
equipment differentiates from those of your
competitors.

Victor Stanley, LLC., helped pioneer the use of powder coating. We began to use the technology in 1970 when powder coating was little more than a theoretical process. Since then, as the process progressed from the laboratory stage to the factory floor worldwide, we have continued to participate in its development.

Today, our factories contain four complex, effective, and efficient powder coating systems. Technical experts from Fortune 50 companies have visited our factories to observe our powder coating technology, and it has been the subject of an important article in a technical coating publication. VICTOR STANLEY™ has designed, engineered, and manufactured a remarkable system to reinforce recycled plastic slats: a process that results in a product with superior mechanical properties. This process is our innovative response to the universal need to preserve resources and protect the environment. We also offer standard recycled plastic slats for many of our products.

Describe any capabilities to create custom
playground and/or recreation equipment.

To facilitate our ability to work with designers and architects, as well as assist our customers with special projects, we began using computer-aided design when the now obsolete 286 computer was the fastest

machine available. As time and technology continue to move forward, we are keeping pace with the use of three-dimensional modeling, Computer Aided Design and Drafting (CADD), and Computer Numerical Control (CNC) machining. We have full in-house engineering, graphics, and design capabilities.

Outline how you incorporate accessibility,
safety, and sustainability features into your
playground and/or recreation equipment.

Follow all safety and ADA guidelines
States Covered - Respondent must indicate any
and all states or geographies where products
and services are being offered. If your services
are limited to a certain area, please be specific
on the area your services are provided.

Thousands of our product installations can be found throughout the USA and Canada, and we also export to more than twenty other countries. Active Victor Stanley representatives can be found throughout the world.

We have earned a worldwide reputation for the manufacture of high-quality site furnishings, always at competitive prices.

List the number and location of offices, or
service centers for all states being proposed in
solicitation
With 200,000 square feet (18,500 square meters) of manufacturing space, our two modern factories in Maryland utilize four custom-designed state-of-the-art powder coating systems, twelve computerized welding robots, complete in-house extrusion process for recycled slats, and automated metal- and woodworking equipment.

Outline any other capabilities not already
addressed.

Victor Stanley, LLC., helped pioneer the use of powder coating. We began to use the technology in 1970 when powder coating was little more than a theoretical process. Since then, as the process progressed from the laboratory stage to the factory floor worldwide, we have continued to participate in its development.

Today, our factories contain four complex, effective, and efficient powder coating systems. Technical experts from Fortune 50 companies have visited our factories to observe our powder coating technology, and it has been the subject of an important article in a technical coating publication.

Ability to consult, design, and
install products and services
Please describe any consulting or design
services you offer.

In house customization
Outline the process for installing products,
equipment and/or other solutions you are
offering.

Victor Stanley, LLC does not install products.

Response to emergency orders
and maintenance
repair/requests
Describe the type of emergency orders or
requests your organization typically receives
and how you respond to those requests
Provide assembly instructions when requested.

Warranty and Maintenance Document attached.

Describe any services you offer post-installation
such as maintenance/repair plans for
equipment.

Victor Stanley products are designed and constructed for commercial applications. The components Used within the product were chosen to withstand abuse and constant traffic.

Customer service/problem
resolution
Describe your company’s Customer Service
Department (hours of operation, how you
resolve issues, number of service centers, etc.).

Customer Service Department hours of operation are
Monday – Friday, 8:00AM – 4:30PM EST.

Work to find the best resolution, collaboration with our Production, Engineering teams and VP of Operations.

One service center in MD.

Financial condition of vendor Demonstrate your financial strength and stability with meaningful data. This could
include, but is not limited to, such items as
financial statements, SEC filings, credit & bond
ratings, letters of credit, and detailed refence
letters
Previous year’s annual gross receipts – more than $5million

What was your annual sales volume over last
three (3) years?
Annual Gross Revenue is $16M or over
Contract implementation /
Customer training
Describe training or support you provide to
help agencies understand how to utilize the
spaces and technology equipment being
installed.

Proactively conduct meetings to share updates and/or ongoing training and new training.

Other factors relevant to this
section as submitted by the
Respondent
Describe the capacity of your company to
provide management reports, i.e. consolidated
billing by location, time and attendance
reports, etc. for each eligible agency
Our Accounting and HR departments can produce reporting Provide your safety record, safety rating, EMR
and worker’s compensation rate where
available.

We are not a contractor. We are a manufacturer of our products.

Qualification and Experience (25 Points)
Respondent reputation in the
marketplace
Provide a link to your company’s website https://www.victorstanley.com/ Please provide a brief history of your company,
including the year it was established.

Victor Stanley has been operating for 61 years and 9 months Past relationship with Region
10 ESC and/or Region 10 ESC
members
Have you worked with Region 10 in the past? If
so, provide the timeframe and main contact for
that work?
No
Experience and qualification of
key employees
Please provide contact information and
resumes for the person(s) who will be
responsible for the following areas. Region 10
requests contacts to cover the following:
* Executive Support
* Account Manager
* Contract Manager
* Marketing
* Billing, reporting & Accounts Payable
TJ Carter – Customer Service Manager – 1 year, 7 months Kristen Bevard – Customer Service Representative – 11+ years Ronda Verdin – Accounting Manager – 25+ years
Emma Skalka – VP of Sales and Marketing – 17+ years
Past experience working with
the public sector
What are your overall public sector sales,
excluding Federal Government, for last three
(3) years?
Annual Gross Revenue: $16M or over
What is your strategy to increase market share
in the public sector?
BIDS, Conferences, Trade Shows, Corporate Business Development Team Past litigation, bankruptcy,
reorganization, state
investigations of entity or
current officers and directors
Provide information regarding whether your
firm, either presently or in the past, has been
involved in any litigation, bankruptcy, or
reorganization.

N/A – no litigation, bankruptcy, or reorganization
Minimum of 5 public sector
customer references relating
to the products and services
within this RFP
Provide a minimum of five (5) customer
references for product and/or services of
similar scope dating within the past 3 years.

Please try to provide references for K12, Higher
Education, City/County and State entities.

Provide the entity; contact name & title; city &
Auburn University, Joan Hicken, 334-740-4847
University of Maryland Baltimore County, Phillip Cho, 410-455-3080 City of Pittsburgh, Matthew Jacob, 412-255-2152
Santa Clara Valley Transportation Authority, Nikki Diaz, 408-321-1927 The Maryland National Capital Park & Planning Commission, Kathy Archer, 301-446-3344

state; phone number; years serviced;
description of services; and annual volume
Certifications in the Industry Provide a copy of all current licenses, registrations and certifications issued by
federal, state and local agencies, and any other
licenses, registrations or certifications from any
other governmental entity with jurisdiction,
allowing Respondent to perform the covered
services including, but not limited to licenses,
registrations or certifications. M/WBE, HUB,
DVBE, small and disadvantaged business
certifications and other diverse business
certifications, as well as manufacturer
certifications for sales and service must be
included if applicable
N/A
Company profile and
capabilities
What best describes your position in the
distribution channel? (Manufacturer,
Authorized Distributor, Value-Add Reseller,
Other
Manufacturer
Other factors relevant to this
section as submitted by the
Respondent
If your company is a privately held
organization, please indicate if the company is
owned or operated by anyone who has been
convicted of a felony. If yes, a detailed
explanation of the names and conviction is
required.

N/A
Provide a copy of all current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing Respondent to perform the covered services. These will be provided in the space provided in Form 6. No answer is required here.

MWBE Status and/or Program Capabilities (10 Points)
MWBE status, subcontractor
plan, and/or joint venture
program
Please indicate whether you hold any diversity
certifications, including, but not limited to
MWBE, SBE, DBE, DVBE, HUB, or HUBZone
N/A
Do you currently have a diversity program in
place, such as a Mentor Protégé Program or
subcontractor program? If you have a diversity
program, please describe it and indicate
whether you plan to offer your program or
partnership through Equalis Group?
N/A
Please attach any certifications you have as part of your response to Form 6.

Good faith efforts to involve
MWBE subcontractors in
response
Did your company contact MWBEs or minority
chambers of commerce by telephone, written
correspondence, or trade associations at least
one week before the due date of this RFP to
provide information relevant to this
N/A

opportunity and to determine whether any
MWBEs were interested in subcontracting
and/or joint ventures?
Demonstrated ongoing MWBE
program
Outline your subcontractor strategy and efforts
your organization takes to include MWBE
subcontractors in future work, including but
not limited to efforts to reach out to individual
MWBE businesses, minority chambers of
commerce, and other minority business and
trade associations.

N/A
Commitment to Service Equalis Group Members (10 Points) Marketing plan, capability, and
commitment
Detail how your organization plans to market
and promote this contract upon award,
including how this contract will fit into your
organization’s current go-to-market strategy in
the public sector.

Proactively share with customers, contractors, LA’s
Detail how your organization will train your
sales force and customer service
representatives on this contract to ensure that
they can competently and consistently present
the contract to public agency customers and
answer any questions they might have
concerning it.

Review and documents, review any training videos, utilize contact us for any questions.

Acknowledge that your organization agrees to
provide its company logo(s) to Region 10 ESC
and Equalis Group and agrees to provide
permission for reproduction of such logo in
marketing communications and promotions
Yes
Ability to manage a
cooperative contract
Describe the capacity of your company to
report monthly sales through this agreement to
Equalis Group.

Will provide requested reporting as we have experience partnering with several cooperatives Identify any contracts with other cooperative or
government group purchasing organizations of
which your company is currently a part of:

BuyBoard, COSTARS
Commitment to supporting
agencies to utilize the contract
If awarded a contract, how would you
approach agencies in regards to this contract?
Please indicate how this would work for both
new customers to your organization, as well as
existing.

Review the contract and ask questions for clarification.

Utilize training videos and “contact us” as needed.

Other factors relevant to this
section as submitted by the
Respondent
Provide the number of sales representatives
which will work on this contract and where the
sales representatives are located.

We have 8 Corporate Development Team members that travel throughout the US We have a team of 6 in house customer service representatives

PROPOSAL FORM 3: CERTIFICATIONS AND LICENSES
Provide a copy of all current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing Respondent to perform the covered services including, but not limited to licenses, registrations or certifications. M/WBE, HUB, DVBE, small and disadvantaged business certifications and other diverse business certifications, as well as manufacturer certifications for sales and service must be included if applicable.

PROPOSAL FORM 4: CLEAN AIR WATER ACT
I, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended (42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator for the Enforcement.

Potential Vendor: Victor Stanley, LLC
Title of Authorized Representative: Customer Service Manager Mailing Address: 2103 Brickhouse Road, Dunkirk, MD 20754 Signature: _____TJ Carter____________________________________________________________

PROPOSAL FORM 5: DEBARMENT NOTICE
I, the Vendor, certify that my company has not been debarred, suspended or otherwise ineligible for participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension”, as described in the Federal Register and Rules and Regulations.

Potential Vendor: Victor Stanley, LLC
Title of Authorized Representative: Customer Service Manager Mailing Address: 2103 Brickhouse Road, Dunkirk, MD 20754 Signature: _____TJ Carter____________________________________________________________

PROPOSAL FORM 6: LOBBYING CERTIFICATION
PROPOSAL FORM 7: CONTRACTOR CERTIFICATION REQUIREMENTS
Contractor’s Employment Eligibility
By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further warrants that it is in compliance with the various state statutes of the states it will operate this contract in.

Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to confirm compliance in accordance with applicable laws.

Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.

The Respondent complies and maintains compliance with the appropriate statutes which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with the E-Verify Employee Eligibility Verification Program.

Contractor shall comply with governing board policy of the Region 10 ESC Participating entities in which work is being performed.
__________________________________________________________________________ Fingerprint & Criminal Background Checks
If required to provide services on school district property at least five (5) times during a month, contractor shall submit a full set of fingerprints to the school district if requested of each person or employee who may provide such service. Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide services on school district properties until authorized by the District.

The Respondent shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which the work is being performed unless otherwise exempted.

Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being performed.
(We are not a contractor and we do not install) 11/01/23 Signature of Respondent Date

PROPOSAL FORM 8: ANTITRUST CERTIFICATION STATEMENTS
(Tex. Government Code § 2155.005)
I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; (2) In connection with this proposal, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this proposal, neither I nor any representative of the Company has violated any federal antitrust law; and
(4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this proposal to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.

VENDOR Victor Stanley, LLC
ADDRESS 2103 Brickhouse Road
Dunkirk, MD 20754
PHONE 800-368-2573
FAX 410-257-7579

RESPONDANT
TJ Carter
Signature
TJ Carter
Printed Name
Customer Service Manager
Position with Company

AUTHORIZING OFFICIAL
TJ Carter
Signature
TJ Carter
Printed Name
Customer Service Manager
Position with Company

PROPOSAL FORM 9: IMPLEMENTATION OF HOUSE BILL 1295
Certificate of Interested Parties (Form 1295):

In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code.

The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency.

The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016.

The Texas Ethics Commission was required to adopt rules necessary to implement that law, prescribe the disclosure of interested parties form, and post a copy of the form on the commission’s website. The commission adopted the Certificate of Interested Parties form (Form 1295) on October 5, 2015. The commission also adopted new rules (Chapter 46) on November 30, 2015, to implement the law. The commission does not have any additional authority to enforce or interpret House Bill 1295.

Filing Process:

Staring on January 1, 2016, the commission will make available on its website a new filing application that must be used to file Form 1295. A business entity must use the application to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the business entity must sign the printed copy of the form and have the form notarized. The completed Form 1295 with the certification of filing must be filed with the governmental body or state agency with which the business entity is entering into the contract.

The governmental entity or state agency must notify the commission, using the commission’s filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. The commission will post the completed Form 1295 to its website within seven business days after receiving notice from the governmental entity or state agency.

Information regarding how to use the filing application will be available on this site starting on January 1, 2016. https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

PROPOSAL FORM 10: BOYCOTT CERTIFICATION AND TERRORIST STATE CERTIFICATION

BOYCOTT CERTIFICATION
Respondents must certify that during the term of any Agreement, it does not boycott Israel and will not boycott Israel. “Boycott” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

Does vendor agree? ____TJC________________________________ (Initials of Authorized Representative)

TERRORIST STATE CERTIFICATION
In accordance with Texas Government Code, Chapter 2252, Subchapter F, REGION 10 ESC is prohibited from entering into a contract with a company that is identified on a list prepared and maintained by the Texas Comptroller or the State Pension Review Board under Texas Government Code Sections 806.051, 807.051, or 2252.153. By execution of any agreement, the respondent certifies to REGION 10 ESC that it is not a listed company under any of those Texas Government Code provisions. Responders must voluntarily and knowingly acknowledge and agree that any agreement shall be null and void should facts arise leading the REGION 10 ESC to believe that the respondent was a listed company at the time of this procurement.

Does vendor agree? _________TJC___________________________ (Initials of Authorized Representative)

PROPOSAL FORM 11: RESIDENT CERTIFICATION
This Certification Section must be completed and submitted before a proposal can be awarded to your company. This information may be placed in an envelope labeled "Proprietary" and is not subject to public view.

In order for a proposal to be considered, the following information must be provided. Failure to complete may result in rejection of the proposal:

As defined by Texas House Bill 602, a "nonresident Bidder" means a Bidder whose principal place of business is not in Texas, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in Texas.

Texas or Non-Texas Resident
 I certify that my company is a "resident Bidder"
X I certify that my company qualifies as a "nonresident Bidder" If you qualify as a "nonresident Bidder," you must furnish the following information:

What is your resident state? (The state your principal place of business is located.) Victor Stanley, LLC 2103 Brickhouse Road Dunkirk, MD 20754

PROPOSAL FORM 12: FEDERAL FUNDS CERTIFICATION FORM
When a participating agency seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the “Uniform Guidance” or “EDGAR” requirements). All Vendors submitting proposals must complete this Federal Funds Certification Form regarding Vendor’s willingness and ability to comply with certain requirements which may be applicable to specific participating agency purchases using federal grant funds. This completed form will be made available to participating agencies for their use while considering their purchasing options when using federal grant funds. Participating agencies may also require Vendors to enter into ancillary agreements, in addition to the contract’s general terms and conditions, to address the member’s specific contractual needs, including contract requirements for a procurement using federal grants or contracts.

For each of the items below, Vendor should certify Vendor’s agreement and ability to comply, where applicable, by having Vendor’s authorized representative complete and initial the applicable lines after each section and sign the acknowledgment at the end of this form. If a vendor fails to complete any item in this form, Region 10 ESC will consider the Vendor’s response to be that they are unable or unwilling to comply. A negative response to any of the items may, if applicable, impact the ability of a participating agency to purchase from the Vendor using federal funds.

1. Vendor Violation or Breach of Contract Terms:

Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Any Contract award will be subject to Region 10 ESC General Terms and Conditions, as well as any additional terms and conditions in any Purchase Order, participating agency ancillary contract, or Member Construction Contract agreed upon by Vendor and the participating agency which must be consistent with and protect the participating agency at least to the same extent as the Region 10 ESC Terms and Conditions.

The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By submitting a Proposal, you agree to these Vendor violation and breach of contract terms.

Does vendor agree? ______TJC______________________________ (Initials of Authorized Representative)

2. Termination for Cause or Convenience:

When a participating agency expends federal funds, the participating agency reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror in the event Offeror fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. participating agency also reserves the right to terminate the contract immediately, with written notice to offeror, for convenience, if participating agency believes, in its sole discretion that it is in the best

interest of participating agency to do so. Offeror will be compensated for work performed and accepted and goods accepted by participating agency as of the termination date if the contract is terminated for convenience of participating agency. Any award under this procurement process is not exclusive and participating agency reserves the right to purchase goods and services from other offerors when it is in participating agency’s best interest.

Does vendor agree? _____TJC_______________________________ (Initials of Authorized Representative)

3. Equal Employment Opportunity:

Except as otherwise provided under 41 CFR Part 60, all participating agency purchases or contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that such provision applies to any participating agency purchase or contract that meets the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 and Vendor agrees that it shall comply with such provision.

Does vendor agree? _TJC___________________________________ (Initials of Authorized Representative)

4. Davis-Bacon Act:

When required by Federal program legislation, Vendor agrees that, for all participating agency prime construction contracts/purchases in excess of $2,000, Vendor shall comply with the Davis-Bacon Act (40 USC 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, Vendor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary of Labor. In addition, Vendor shall pay wages not less than once a week.

Current prevailing wage determinations issued by the Department of Labor are available at www.wdol.gov.

Vendor agrees that, for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned upon Vendor’s acceptance of the wage determination.

Vendor further agrees that it shall also comply with the Copeland “Anti-Kickback” Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.

Does vendor agree? _______TJC_____________________________ (Initials of Authorized Representative)

5. Contract Work Hours and Safety Standards Act:

Where applicable, for all participating agency contracts or purchases in excess of $100,000 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.

These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

Does vendor agree? _______TJC_____________________________ (Initials of Authorized Representative)

6. Right to Inventions Made Under a Contract or Agreement:

If the participating agency’s Federal award meets the definition of “funding agreement” under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

Vendor agrees to comply with the above requirements when applicable.

Does vendor agree? ________TJC____________________________ (Initials of Authorized Representative)

7. Clean Air Act and Federal Water Pollution Control Act:

Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act (33 USC 1251-1387), as amended –Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act.

Does vendor agree? _____TJC_______________________________

(Initials of Authorized Representative)

8. Debarment and Suspension:

Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify the Cooperative and all participating agencies with pending purchases or seeking to purchase from Vendor if Vendor is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Does vendor agree? ______TJC______________________________ (Initials of Authorized Representative)

9. Byrd Anti-Lobbying Amendment:

Byrd Anti-Lobbying Amendment (31 USC 1352) -- Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352).

Does vendor agree? _____TJC_______________________________ (Initials of Authorized Representative)

10. Procurement of Recovered Materials:

For participating agency purchases utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a participating agency may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery,

and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

Does vendor agree? ________TJC____________________________ (Initials of Authorized Representative)

11. Profit as a Separate Element of Price:

For purchases using federal funds in excess of $150,000, a participating agency may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.323(b). When required by a participating agency, Vendor agrees to provide information and negotiate with the participating agency regarding profit as a separate element of the price for a particular purchase. However, Vendor agrees that the total price, including profit, charged by Vendor to the participating agency shall not exceed the awarded pricing, including any applicable discount, under Vendor’s Cooperative Contract.

Does vendor agree? _________TJC___________________________ (Initials of Authorized Representative)

12. Domestic Preference
Vendor must be prepared to provide a comprehensive list of the number of goods, products, and/or materials (including but not limited to iron, aluminum, steel, cement, and other manufactured products) being used for specific purchase orders under the contract award which were produced in the United States upon request to Region 10 ESC or any Equalis member who intends to use this contract with federal funds.

Does vendor agree? ___________TJC_________________________ (Initials of Authorized Representative)

13. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment Vendor agrees that recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system from companies described in Public Law 115-232, section 889. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country are also prohibited.

Does vendor agree? ________________TJC____________________ (Initials of Authorized Representative)

14. General Compliance and Cooperation with Participating Agencies:

In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a participating agency, it shall make a good faith effort to work with participating agencies to provide such information and to satisfy such requirements as may apply to a particular participating agency purchase or purchases including, but not limited to, applicable recordkeeping and record retention requirements.

Does vendor agree? ______TJC______________________________ (Initials of Authorized Representative)

15. Applicability to Subcontractors
Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions.

Does vendor agree? ________TJC____________________________ (Initials of Authorized Representative)
By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein.

Victor Stanley, LLC
Company Name
_____TJ Carter_______________________________________
Signature of Authorized Company Official
__TJ Carter__________________________________________
Printed Name
__Customer Service Manager__________________________________________ Title
___11/01/23_________________________________________
Date

PROPOSAL FORM 13: FEMA REQUIREMENTS
When a par�cipa�ng agency seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regula�ons, and requirements may apply in addi�on to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administra�ve Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (some�mes referred to as the “Uniform Guidance” or “EDGAR” requirements). Addi�onally, Appendix II to Part 200 authorizes FEMA to require or recommend addi�onal provisions for contracts.

All respondents submi�ng proposals must complete this FEMA Recommended Contract Provisions Form regarding respondent’s willingness and ability to comply with certain requirements which may be applicable to specific par�cipa�ng agency purchases using FEMA funds. This completed form will be made available to Members for their use while considering their purchasing op�ons when using FEMA grant funds. Members may also require Supplier Partners to enter into ancillary agreements, in addi�on to the contract’s general terms and condi�ons, to address the member’s specific contractual needs, including contract requirements for a procurement using federal grants or contracts.

For each of the items below, Respondent should cer�fy Respondent’s agreement and ability to comply, where applicable, by having respondents authorized representa�ve complete and ini�al the applicable lines a�er each sec�on and sign the acknowledgment at the end of this form. If a Respondent fails to complete any item in this form, Region 10 ESC will consider the respondent’s response to be that they are unable or unwilling to comply. A nega�ve response to any of the items may, if applicable, impact the ability of a par�cipa�ng agency to purchase from the Supplier Partner using federal funds.

1. Access to Records
For All Procurements
The Winning Supplier agrees to provide the par�cipa�ng agency, the pass-through en�ty (if applicable), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representa�ves access to any books, documents, papers, and records of the Contractor which are directly per�nent to this contract for the purposes of making audits, examina�ons, excerpts, and transcrip�ons.

The Winning Supplier agrees to permit any of the foregoing par�es to reproduce by any means whatsoever or to copy excerpts and transcrip�ons as reasonably needed.

The Winning Supplier agrees to provide the FEMA Administrator or his authorized representa�ves access to construc�on or other work sites pertaining to the work being completed under the contract.

Does Respondent agree? _TJC
(Ini�als of Authorized Representa�ve)
For Contracts Entered into A�er August 1, 2017 Under a Major Disaster or Emergency Declara�on In compliance with sec�on 1225 of the Disaster Recovery Reform Act of 2018, the par�cipa�ng agency, and the Winning Supplier acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.” Does Respondent agree? _TJC__
(Ini�als of Authorized Representa�ve)

2. Changes

FEMA recommends that all contracts include a changes clause that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may depend on the nature of the contract and the procured item(s) or service(s). The par�cipa�ng agency should also consult their servicing legal counsel to determine whether and how contract changes are permissible under applicable state, local, or tribal laws or regula�ons.

Does Respondent agree? _TJC__
(Ini�als of Authorized Representa�ve)

3. Use of DHS Seal, Logo, and Flags
The Winning Supplier shall not use the DHS seal(s), logos, crests, or reproduc�ons of flags or likenesses of DHS agency officials without specific FEMA pre-approval. The contractor shall include this provision in any subcontracts.

Does Respondent agree? _TJC__
(Ini�als of Authorized Representa�ve)

4. Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding This is an acknowledgement that when FEMA financial assistance is used to fund all or a por�on of the par�cipa�ng agency’s contract with the Winning Supplier, the Winning Supplier will comply with all applicable federal law, regula�ons, execu�ve orders, FEMA policies, procedures, and direc�ves.

Does Respondent agree? _TJC__.
(Ini�als of Authorized Representa�ve)

5. No Obligation by Federal Government
The federal government is not a party to this or any contract resul�ng from this or future procurements with the par�cipa�ng agencies and is not subject to any obliga�ons or liabili�es to the non-federal en�ty, contractor, or any other party pertaining to any mater resul�ng from the contract.

Does Respondent agree? _TJC__
(Ini�als of Authorized Representa�ve)

6. Program Fraud and False or Fraudulent Statements or Related Acts The Winning Supplier acknowledges that 31 U.S.C. Chap. 38 (Administra�ve Remedies for False Claims and Statements) applies to the contractor’s ac�ons pertaining to this contract.

Does Respondent agree? _TJC__
(Ini�als of Authorized Representa�ve)

7. Affirmative Socioeconomic Steps
If subcontracts are to be let, the Winning Supplier is required to take all necessary steps iden�fied in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.

Does Respondent agree? _TJC__
(Ini�als of Authorized Representa�ve)

8. License and Delivery of Works Subject to Copyright and Data Rights

The Winning Supplier grants to the par�cipa�ng agency, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare deriva�ve works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Winning Supplier will iden�fy such data and grant to the par�cipa�ng agency or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any writen reports or literary works, so�ware and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, mo�on pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the comple�on of this contract, the Winning Supplier will deliver to the par�cipa�ng agency data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the (insert name of the non-federal en�ty).

Does Respondent agree? _TJC__
(Ini�als of Authorized Representa�ve)

PROPOSAL FORM 14: ADDITIONAL ARIZONA CONTRACTOR REQUIREMENTS AZ Compliance with Federal and state requirements: Contractor agrees when working on any federally assisted projects with more than $2,000.00 in labor costs, to comply with all federal and state requirements, as well as Equal Opportunity Employment requirements and all other federal and state laws, statutes, etc. Contractor agrees to post wage rates at the work site and submit a copy of their payroll to the member for their files.

Contractor must retain records for three years to allow the federal grantor agency access to these records, upon demand. Contractor also agrees to comply with the Arizona Executive Order 75-5, as amended by Executive Order 99-4.

When working on contracts funded with Federal Grant monies, contractor additionally agrees to comply with the administrative requirements for grants, and cooperative agreements to state, local and federally recognized Indian Tribal Governments.

AZ Compliance with workforce requirements: Pursuant to ARS 41-4401, Contractor and subcontractor(s) warrant their compliance with all federal and state immigration laws and regulations that relate to their employees, and compliance with ARS 23-214 subsection A, which states, …”every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E-Verify program” Region 10 ESC reserves the right to cancel or suspend the use of any contract for violations of immigration laws and regulations. Region 10 ESC and its members reserve the right to inspect the papers of any contractor or subcontract employee who works under this contract to ensure compliance with the warranty above.

AZ Contractor Employee Work Eligibility: By entering into this contract, contractor agrees and warrants compliance with A.R.S. 41-4401, A.R.S. 23-214, the Federal Immigration and Nationality Act (FINA), and all other Federal immigration laws and regulations. Region 10 ESC and/or Region 10 ESC members may request verification of compliance from any contractor or sub contractor performing work under this contract. Region 10 ESC and Region 10 ESC members reserve the right to confirm compliance. In the event that Region 10 ESC or Region 10 ESC members suspect or find that any contractor or subcontractor is not in compliance, Region 10 ESC may pursue any and all remedies allowed by law, including but not limited to suspension of work, termination of contract, suspension and/or debarment of the contractor. All cost associated with any legal action will be the responsibility of the contractor.

AZ Non-Compliance: All federally assisted contracts to members that exceed $10,000.00 may be terminated by the federal grantee for noncompliance by contractor. In projects that are not federally funded, Respondent must agree to meet any federal, state or local requirements as necessary. In addition, if compliance with the federal regulations increases the contract costs beyond the agreed on costs in this solicitation, the additional costs may only apply to the portion of the work paid by the federal grantee.

Registered Sex Offender Restrictions (Arizona): For work to be performed at an Arizona school, contractor agrees that no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are present, or reasonably expected to be present.

Contractor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at the Region 10 ESC member’s discretion. Contractor must identify any additional costs associated with compliance to this term. If no costs are specified, compliance with this term will be provided at no additional charge.

Offshore Performance of Work Prohibited: Due to security and identity protection concerns, direct services under this contract shall be performed within the borders of the United States.

Terrorism Country Divestments: In accordance with A.R.S. 35-392, Region 10 ESC and Region 10 ESC members are prohibited from purchasing from a company that is in violation of the Export Administration Act. By entering into the contract, contractor warrants compliance with the Export Administration Act.

The undersigned hereby accepts and agrees to comply with all statutory compliance and notice requirements listed in this document.

TJ Carter 11/01/23
Signature of Respondent Date

PROPOSAL FORM 15: OWNERSHIP DISCLOSURE FORM (N.J.S. 52:25-24.2) Pursuant to the requirements of P.L. 1999, Chapter 440 effective April 17, 2000 (Local Public Contracts Law), the Respondent shall complete the form attached to these specifications listing the persons owning 10 percent (10%) or more of the firm presenting the proposal.

Company Name: Victor Stanley, LLC
Street: 2103 Brickhouse Road
City, State, Zip Code: Dunkirk, MD 20754
Complete as appropriate:

I _______________________________________ , certify that I am the sole owner of ____________________________________ , that there are no partners and the business is not incorporated, and the provisions of N.J.S. 52:25-24.2 do not apply.

OR:

I _______________________________________ , a partner in ______________________________ , do hereby certify that the following is a list of all individual partners who own a 10% or greater interest therein. I further certify that if one (1) or more of the partners is itself a corporation or partnership, there is also set forth the names and addresses of the stockholders holding 10% or more of that corporation’s stock or the individual partners owning 10% or greater interest in that partnership.

OR:

I ___TJ Carter____________________________________ , an authorized representative of Victor Stanley, LLC , a corporation, do hereby certify that the following is a list of the names and addresses of all stockholders in the corporation who own 10% or more of its stock of any class. I further certify that if one (1) or more of such stockholders is itself a corporation or partnership, that there is also set forth the names and addresses of the stockholders holding 10% or more of the corporation’s stock or the individual partners owning a 10% or greater interest in that partnership.
(Note: If there are no partners or stockholders owning 10% or more interest, indicate none.) Name Address Interest
NONE
I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief.

TJ Carter Customer Service Manager 11/01/23
Authorized Signature and Title Date

PROPOSAL FORM 16: NON-COLLUSION AFFIDAVIT
Company Name: Victor Stanley, LLC
Street: 2103 Brickhouse Road
City, State, Zip Code: Dunkirk, MD 20754
State of New Jersey
County of __Calvert County______________________
I, __TJ Carter__________________________ of the _Dunkirk__________________________ Name City
in the County of ____Calvert________________________, State of _____MD______________________________ of full age, being duly sworn according to law on my oath depose and say that:

I am the Customer Service Manager of the firm of Victor Stanley, LLC Title Company Name
the Respondent making the Proposal for the goods, services or public work specified under the Harrison Township Board of Education attached proposal, and that I executed the said proposal with full authority to do so; that said Respondent has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above proposal, and that all statements contained in said bid proposal and in this affidavit are true and correct, and made with full knowledge that the Harrison Township Board of Education relies upon the truth of the statements contained in said bid proposal and in the statements contained in this affidavit in awarding the contract for the said goods, services or public work.

I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by ______________________________________ _________________________________________ Company Name Authorized Signature & Title
Subscribed and sworn before me
this ______ day of ______________, 20____
__________________________________________
Notary Public of New Jersey
My commission expires , 20____
SEAL

PROPOSAL FORM 17: AFFIRMATIVE ACTION AFFIDAVIT (P.L. 1975, C.127) Company Name: _Victor Stanley, LLC_________________________________________________________ Street: _____2103 Brickhouse Road_____________________________________________________________ City, State, Zip Code: _____Dunkirk, MD 20754_________________________________________________ Bid Proposal Certification:

Indicate below your compliance with New Jersey Affirmative Action regulations. Your proposal will be accepted even if you are not in compliance at this time. No contract and/or purchase order may be issued, however, until all Affirmative Action requirements are met.

Required Affirmative Action Evidence:

Procurement, Professional & Service Contracts (Exhibit A) Vendors must submit with proposal:

1. A photo copy of their Federal Letter of Affirmative Action Plan Approval _________ OR

2. A photo copy of their Certificate of Employee Information Report _________ OR

3. A complete Affirmative Action Employee Information Report (AA302) _________ Public Work – Over $50,000 Total Project Cost:

A. No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form _________ AA201-A upon receipt from the Harrison Township Board of Education B. Approved Federal or New Jersey Plan – certificate enclosed _________ I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief.

TJ Carter Customer Service Manager 11/01/23
Authorized Signature and Title Date
P.L. 1995, c. 127 (N.J.A.C. 17:27)

MANDATORY AFFIRMATIVE ACTION LANGUAGE

PROCUREMENT, PROFESSIONAL AND SERVICE CONTRACTS
During the performance of this contract, the contractor agrees as follows:

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color,

national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non-discrimination clause.

The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation.

The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act.

The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent with the applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time.

The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the state of New Jersey and as established by applicable Federal law and applicable Federal court decisions.

The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay-off to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.

The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27).
________________________________________________
Signature of Procurement Agent

PROPOSAL FORM 18: C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors.

What follows are instructions on the use of form local units can provide to contractors that are required to disclose political contributions pursuant to N.J.S.A. 19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information is available in Local Finance Notice 2006-1 (https://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html).

1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and open” process (N.J.S.A. 19:44A-20.7).

2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract documents or in an appropriate computer file and be available for public access. The form is worded to accept this alternate submission. The text should be amended if electronic submission will not be allowed.

3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract. Resolutions of award should reflect that the disclosure has been received and is on file.

4. The contractor must disclose contributions made to candidate and party committees covering a wide range of public agencies, including all public agencies that have elected officials in the county of the public agency, state legislative positions, and various state entities. The Division of Local Government Services recommends that contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and political committees of the officials and candidates affected by the disclosure.
a) The Division has prepared model disclosure forms for each county. They can be downloaded from the “County PCD Forms” link on the Pay-to-Play web site at
https://www.state.nj.us/dca/divisions/dlgs/programs/pay_2_play.html They will be updated from time-to-time as necessary.
b) A public agency using these forms should edit them to properly reflect the correct legislative district(s). As the forms are county-based, they list all legislative districts in each county. Districts that do not represent the public agency should be removed from the lists. c) Some contractors may find it easier to provide a single list that covers all contributions, regardless of the county. These submissions are appropriate and should be accepted. d) The form may be used “as-is”, subject to edits as described herein. e) The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are printed on the back of the form; where that is not the case, the text should be edited accordingly.
f) The form is a Word document and can be edited to meet local needs, and posted for download on web sites, used as an e-mail attachment, or provided as a printed document.

5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract. (See Local Finance Notice 2006-7 for additional information on this obligation) A sample Certification form is part of this package and the instruction to complete it is included in the Contractor Instructions. NOTE:

This section is not applicable to Boards of Education.

C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to:

1. any State, county, or municipal committee of a political party

2. any legislative leadership committee*

3. any continuing political committee (a.k.a., political action committee)

4. any candidate committee of a candidate for, or holder of, an elective office:

1. of the public entity awarding the contract

2. of that county in which that public entity is located

3. of another public entity within that county

4. or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county. The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions.

N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following:

5. individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit

6. all principals, partners, officers, or directors of the business entity or their spouses

7. any subsidiaries directly or indirectly controlled by the business entity

8. IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity and filing as continuing political committees, (PACs). When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the disclosure. Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the amount that the business entity failed to report. The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement. The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public Records Act. The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law.

NOTE: This section does not apply to Board of Education contracts. * N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker

of the General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the purpose of receiving contributions and making expenditures.” C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant To N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit no later than 10 days prior to the award of the contract.

Part I – Vendor Information
Vendor Name: Victor Stanley, LLC
Address: 2103 Brickhouse Road
City: Dunkirk State: MD Zip: 20754
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form.
___TJ Carter______________________ _TJ Carter___________________ Customer Service Manager Signature Printed Name Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit.

X Check here if disclosure is provided in electronic form.

Contributor Name Recipient Name Date Dollar Amount
NONE $
 Check here if the information is continued on subsequent page(s)

Continuation Page
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant To N.J.S.A. 19:44A-20.26
Page ___ of ______
Vendor Name: Victor Stanley, LLC
Contributor Name Recipient Name Date Dollar Amount
NONE $
 Check here if the information is continued on subsequent page(s)

List of Agencies with Elected Officials Required for Political Contribution Disclosure N.J.S.A. 19:44A-20.26
County Name:

State: Governor, and Legislative Leadership Committees
Legislative District #s:

State Senator and two members of the General Assembly per district.

County:

Freeholders County Clerk Sheriff
{County Executive} Surrogate
Municipalities (Mayor and members of governing body, regardless of title):

USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM WWW.NJ.GOV/DCA/LGS/P2P A COUNTYBASED, CUSTOMIZABLE FORM.

PROPOSAL FORM 19: STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
 I certify that the list below contains the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the undersigned.

OR
X I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.

Check the box that represents the type of business organization:
 Partnership
X Corporation
 Sole Proprietorship
 Limited Partnership
 Limited Liability
Corporation
 Limited Liability
Partnership
 Subchapter S
Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.

Stockholders: NONE
Name: Name:

Home Address: Home Address:

Name: Name:

Home Address: Home Address:

Name: Name:

Home Address: Home Address:

Subscribed and sworn before me this ___ day of
___________, 2 __.
(Notary Public)
My Commission expires:
_________________________________
(Affiant)
________________________________
(Print name & title of affiant)
(Corporate Seal)
PROPOSAL FORM 20: GENERAL TERMS AND CONDITIONS ACCEPTANCE FORM Signature on the Vendor Contract Signature form certifies complete acceptance of the General Terms and Conditions in this solicitation, except as noted below (additional pages may be attached, if necessary).

Check one of the following responses to the General Terms and Conditions:

X We take no exceptions/deviations to the general terms and conditions (Note: If none are listed below, it is understood that no exceptions/deviations are taken.)  We take the following exceptions/deviations to the general terms and conditions. All exceptions/deviations must be clearly explained. Reference the corresponding general terms and conditions that you are taking exceptions/deviations to. Clearly state if you are adding additions terms and conditions to the general terms and conditions. Provide details on your exceptions/deviations below:
(Note: Unacceptable exceptions shall remove your proposal from consideration for award. Region 10 ESC shall be the sole judge on the acceptance of exceptions/deviations and the decision shall be final.) PROPOSAL FORM 21: EQUALIS GROUP ADMINISTRATION AGREEMENT Requirements for Master Agreement To be administered by Equalis Group Attachment A, Equalis Group Administrative Agreement is used in administering Master Agreements with Region 10 and is preferred by Equalis Group. Redlined copies of this agreement should not be submitted with the response. Should a respondent be recommended for award, this agreement will be negotiated and executed between Equalis Group and the respondent. Respondents must select one of the following options for submitting their response.

X Respondent agrees to all terms and conditions outlined in each of the Administration Agreement.

Respondent wishes to negotiate directly with Equalis Group on terms and conditions outlined in the Administration Agreement. Negotiations will commence after sealed Proposals are opened and Region 10 has determined the respondent met all requirements in their response and may be eligible for award.

PROPOSAL FORM 22: OPEN RECORDS POLICY ACKNOWLEDGEMENT AND ACCEPTANCE

OPEN RECORDS POLICY ACKNOWLEDGMENT AND ACCEPTANCE
Be advised that all information and documents submitted will be subject to the Public Information Act requirements governed by Chapter 552 of the Texas Government Code.

Because contracts are awarded by a Texas governmental entity, all responses submitted are subject to release as public information after contracts are executed. If a Respondent believes that its response, or parts of its response, may be exempted from disclosure to the public, the Respondent must specify page-by-page and line-by-line the parts of the response, which it believes, are exempted from disclosure. In addition, the Respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s). Respondent must provide this information on the “Acknowledgement and Acceptance to Region 10 ESC’s Public Information Act Policy” form found on the next page of this solicitation. Any information that is unmarked will be considered public information and released, if requested under the Public Information Act.

The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 10 ESC must provide the OAG with the information requested in order for the OAG to render an opinion. In such circumstances, Respondent will be notified in writing that the material has been requested and delivered to the OAG. Respondent will have an opportunity to make arguments to the OAG in writing regarding the exception(s) to the TPIA that permit the information to be withheld from public disclosure. Respondents are advised that such arguments to the OAG must be specific and well-reasoned--vague and general claims to confidentiality by the Respondent are generally not acceptable to the OAG. Once the OAG opinion is received by Region 10 ESC, Region 10 ESC must comply with the opinions of the OAG. Region 10 ESC assumes no responsibility for asserting legal arguments on behalf of any Respondent. Respondents are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.

After completion of award, these documents will be available for public inspection.

Signature below certifies complete acceptance of Region 10 ESC’s Open Records Policy, except as noted below (additional pages may be attached, if necessary). Check one of the following responses to the Acknowledgment and Acceptance of Region 10 ESC’s Open Records Policy below:

X We acknowledge Region 10 ESC’s Public Information Act policy and declare that no information submitted with this proposal, or any part of our proposal, is exempt from disclosure under the Public Information Act. (Note: All information believed to be a trade secret or proprietary must be listed below. It is further understood that failure to identify such information, in strict accordance with the instructions below, will result in that information being considered public information and released, if requested under the Public Information Act.)  We declare the following information to be a trade secret or proprietary and exempt from disclosure under the Public Information Act.
(Note: Respondent must specify page-by-page and line-by-line the parts of the response, which it believes, are exempt. In addition, Respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s). 11/01/23 TJ Carter
Date Authorized Signature & Title
Did you sign the vendor contract and
signature form? If not, your Proposal
will be rejected.

Region 10 will negotiate any exceptions
and both parties will agree upon which
exceptions will be accepted or altered
before the Region 10 board votes to
accept or reject the proposals.

Qty. UOM Model # Description Unit Price Amount
1 EA Custom Custom (4) Section Planter/Seatwall. 12' OD x 24" 16,295.00 16,295.00 High x 18" Wide Seatwall with Skate Deterrents -
Installed by Others
1 EA 101S2E 72" Smooth Top Picnic Table STD legs double entry 1,390.00 1,390.00 4 EA 101S 72" Smooth Top Picnic Table STD legs 1,369.00 5,476.00 EA LT SB Light Sandblast
EA NANO Nano - Non-sacrificial sealer
<Each> Medium Gray Medium Gray
1 <Each> Shipping Must Be Taxed, Company Owned Truck 2,650.00 2,650.00 Sales Rep

SOLD TO
Good Thru
1/11/25
Terms
TOTAL 27,811.35
Sales Tax 2,000.35
Subtotal 25,811.00
530-365-6106 530-365-5129

QUOTATION
Tim L. Hudson

AUTHORIZED SALES PERSON SIGNATURE
PH# FX#
Email [email protected]

SHIP TO

PLEASE FILL IN THE REQUIRED INFORMATION ON THE ADDITIONAL PAGE WITH THE TERMS AND CONDITIONS.

STANDARD DELIVERY A.R.O AND APPROVED SUBMITTALS/ORDER IS 16+ WEEKS (Does not apply to custom products). 12/12/24
Date: 12/12/24
Quote No.: Q7484
Calimesa, CA
Tim L. Hudson Net 30 Days
Please sign here to confirm your order and acknowledge that you have read and understand our terms and conditions
Forklift required upon delivery unless other arrangements made prior to order.

Mountainview Park Mountainview Park
Seatwall and Tables
Calimesa, CA
Purchase Order
2270 Barney Road
Anderson, CA 96007
USA
Outdoor Creations Inc. (new 9/03/24)
Final sales tax will be
calculated at time of
shipping.

Attachment 6E
RESOLUTION 2025-02

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA CALIFORNIA, WAIVING FORMAL PURCHASING

PROCEDURES FOR THE PURCHASE OF THE FOLLOWING
EQUIPMENT: A CUSTOM SEATWALL AND PICNIC TABLES

FOR THE MOUNTAINVIEW PARK CONSTRUCTION

PROJECT
WHEREAS, on May 6, 2024, City Council awarded the construction contract for Mountainview Park Project to Three Peaks Construction; and WHEREAS, the City opted to procure select furnishings for the project to avoid contractor markups; and
WHEREAS, the park design includes a custom concrete seatwall and picnic tables by Outdoor Creations; and
WHEREAS, Outdoor Creations does not have a contract with a cooperative purchasing program; and
WHEREAS, City staff requested a quote from QCP Corp for the seatwall and picnic tables per the park design; and
WHEREAS, QCP responded that they will not be providing a quote as they cannot compete with Outdoor Creations; and
WHEREAS, City staff was unable to find another local company that could provide a similar product; and
WHEREAS, the City Council now deems it appropriate to waive formal purchasing procedures.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:

Pursuant to Calimesa Municipal Code Section 3.15.130, the City Council hereby waives formal purchasing procedures for the purchase of the following equipment: a custom seatwall and picnic tables from Outdoor Creations, for the Mountainview Park Construction Project.

PASSED, APPROVED, and ADOPTED this 21
st day of January 2025.
_____________________________________

LINDA MOLINA, MAYOR
ATTEST:
_________________________________

DARLENE GERDES, CITY CLERK
Attachment 6F
City Council Meeting
Agenda Report
Agenda Item No. 7
SUBJECT: JP RANCH WEED ABATEMENT AWARD OF CONTRACT
MEETING DATE: January 21, 2025
PREPARED BY: Mari Shakir, Interim Public Works Director RECOMMENDATION: That the City Council award a contract to Integrity Arborists & Ecoscape Inc. to provide weed abatement services to the JP Ranch CFD areas in the amount of $47,448.00 per year.

BACKGROUND: On January 19, 2021, the City awarded a contract to A.B. Landscape for these services. The contract term was two years with the option to extend two additional years and is now expired as of January 18, 2025. The contract amount was $51,600 annually.

DISCUSSION: On November 26, 2024, staff released a Notice Inviting Bids for these services with a bid opening date of January 7th, 2025. Six bids were received with the apparent low bidder being Sustainable Mitigation in the amount of $12,850.50. The second lowest bidder is Integrity Arborist & Ecoscape in the amount of $47,448. Sustainable Mitigation provided written notice to withdraw their bid as they had misunderstood the bid documents and would not be able to provide the required services at that price.

FISCAL IMPACT: The weed abatement for JP Ranch is paid for by the annual maintenance assessment for CFD 2013-1. The Fiscal Year 2024-25 budget contains funding for the services described above. No additional appropriation is being requested at this time.

ATTACHMENTS:

Attachment A: Bidder’s Listing
Attachment B: Contract Documents
# BIDDER BID BOND? ADDENDA? NON-COLLUSION
AFFIDAVIT?

BASE BID SCHEDULE
AMOUNT
1 Golden West Arbor Services
1568 E. Grand Avenue
Pomona, CA 91766
Not Required Not Required
Yes
$50,700.43
3 rd Apparent Low Bidder
2 Universal Green, LLC
17989 Corkill Rd. #63
Desert Hot Springs, CA 92241
Not Required Not Required
Yes
$64,850.17
3 Sustainable Mitigation
P.O. Box 1132
Angelus Oaks, CA 92305
Not Required Not Required
Yes
$12,850.50
Apparent Low Bidder
4 A.B. Landscape
13325 Sidana Road
Yucaipa, CA 92399
Not Required Not Required
Yes
$56,400.00
5 Pest Options
1212 E. Ash Ave.

Fullerton, CA 92831
Not Required Not Required
Yes
$88,848.00
6 Integrity Arborist & Ecoscape Inc.
10000 Indiana Ave, Suite 206
Riverside, CA 92503
Not Required Not Required
Yes
$47,448.00
2 nd Apparent Low Bidder
7 8
BIDDERS LISTING – City of Calimesa, 908 Park Ave., Calimesa, CA 92320 PROJECT NUMBER: BID NO. 2024-09 Bid Opening 01/07/2025 – 2:30 p.m.

PROJECT NAME: JP Ranch Weed Abatement Services
ENGINEERS ESTIMATE: STAFF PRESENT: Darlene Gerdes, Yaiza Benson, Mari Shakir & Kyle Coney Attachment 7A

CITY OF CALIMESA

CONTRACT DOCUMENTS
FOR

JP RANCH WEED ABATEMENT SERVICES
BID NO. 2024-09

NO BONDING REQUIRED
PREPARED BY:
____________________
Mari Shakir
Interim Public Works Director
City of Calimesa
908 Park Ave.

Calimesa, CA 92320
(909) 795-9801
Attachment 7B
i

TABLE OF CONTENTS
NOTICE INVITING SEALED BIDS 1
SCOPE OF WORK 1
LIQUIDATED DAMAGES 1
DEPARTMENT OF INDUSTRIAL RELATIONS 1
PREVAILING WAGES 1
PAYROLL RECORDS 2
INSURANCE REQUIREMENTS 2
GENERAL INSTRUCTIONS 2
INSTRUCTIONS TO BIDDERS 4
PROPOSAL FORMS 4
NON-COLLUSION AFFIDAVIT 4
PROPOSAL BID SHEET 4
DELIVERY OF PROPOSAL 4
WITHDRAWAL OF PROPOSALS 5
IRREGULAR PROPOSALS 5
TAXES 5
DISQUALIFICATION OF BIDDERS 6
INTERPRETATION OF PLANS AND DOCUMENTS 6
ADDENDA OR BULLETINS 6
LEGAL RESPONSIBILITIES 6
AWARD OF CONTRACT 6
LABOR CODE 7
WORKER’S COMPENSATION CERTIFICATE 7
DRUG FREE WORKPLACE 8
ATTORNEY FEES 8
ARBITRATION 8
WORK PERFORMANCE 8
CLAYTON ACT AND CARTWRIGHT ACT 8
SUBSTITUTION OF SECURITIES 9
SUBLETTING AND SUBCONTRACTING 9
LICENSES AND PERMITS 9
PROPOSAL FORM 10
PROPOSAL FORM – BID SCHEDULE 12
TIME FOR COMPLETION 12
LIQUIDATED DAMAGES 13
UNIT PRICE PROPOSAL 13
ii

TABLE OF CONTENTS
LIST OF SUBCONTRACTORS 15
REFERENCES 16
NON-COLLUSION AFFIDAVIT 17
SECTION I – GENERAL PROVISIONS 18
1-1. SCOPE OF WORK 18
1-2. LOCATION OF WORK 18
1-3. TRAFFIC REQUIREMENTS 18
1-4. WAGE RATES AND LABOR CODE REQUIREMENTS 18
1-5. STANDARD SPECIFICATIONS 19
1-6. INSURANCE REQUIREMENTS 20
SECTION 2 – SPECIAL PROVISIONS 24
2-1. WORK SCHEDULE 24
2-2. ADDITIONAL WORK 24
2-3. INCREASED OR DECREASED QUANTITIES 24
2-4. QUALITY OF WORK 25
2-5. REMOVAL AND DISPOSAL OF MATERIALS 25
2-6. AVOIDANCE OF DUST NUISANCE 25
2-7. TERM OF THE AGREEMENT 25
2-8. PERSONNEL 25
2-9. SUPERVISION OF WORK 26
2-10. CONTRACTOR NOT AN AGENT 26
2-11. MINOR MODIFICATION 26
2-12. FAILURE TO PERFORM SATISFACTORILY 26
2-13. COMPLAINTS 27
2-14. TERMINATION OF CONTRACT 27
2-15. PAYMENT WITHHELD 27
2-16. DISPUTED INVOICES 27
APPENDIX “A” – CONTRACT AGREEMENT DOCUMENTS 28
EXHIBIT “A” – LOCATION MAP 43
EXHIBIT “B” – FUEL MODIFICATION PLAN GUIDELINES 44
City of Calimesa
1 CITY OF CALIMESA

NOTICE INVITING SEALED BIDS
FOR

JP RANCH WEED ABATEMENT SERVICES
BID NO. 2024-09
PUBLIC NOTICE IS HEREBY GIVEN that the City of Calimesa, as City, invites sealed bids for the above stated project and will receive such bids in the offices of the Public Works Department at 908 Park Avenue, Calimesa, California, 92320, up to the hour of 2:30 PM, on Tuesday, the 7
th day of January 2025, at which time
they will be publicly opened and read aloud. A bid summary will then be prepared and posted for three (3) days. Award of the Contract will be made during a subsequent meeting of the City Council. Bid packages are available at no cost at the City’s web page: www.cityofcalimesa.net. To access the bid documents, select the “RFPs/Bids” link. If you have any questions regarding this matter, please contact Mari Shakir at (909) 795-9801. You may contact any reproduction company to download these documents for reproduction purposes at your cost.

Scope of Work
The contract work for this project shall consist of providing Weed Abatement Services in the JP Ranch Community in a safe and timely manner in accordance with the maintenance standards set forth in this specification. Contractor shall furnish all labor, equipment, material, and supervision required to properly maintain the weed abatement areas in an appropriate condition throughout the terms of the contract.

Liquidated Damages
There will be a Five Hundred Dollars ($500.00) assessment for each calendar day that work remains incomplete beyond the time stated in the Proposal Form. Refer to the Proposal Form for specific details.

Department of Industrial Relations
For all bid proposals submitted, Labor Code Section 1725.5 requires all contractors and subcontractors to annually register with the Department of Industrial Relations (DIR) before bidding on or performing any public works contract. A contractor or subcontractor will need to be registered with the DIR in order to be qualified to bid on, be listed in a bid proposal as a subcontractor or engage in any component of the work for a public works contract. Proof of current registration with DIR for the prime contractor and all listed subcontractors must be included in the bid. Failure to provide proof of registration with the DIR may result in the bid being considered nonresponsive.

Prevailing Wages
In accordance with the provisions of Section 1770 et. seq., of the Labor Code, the Director of the Industrial Relations of the State of California has determined the general prevailing rate of wages applicable to the work to be done.

City of Calimesa
2 The Contractor will be required to pay to all workers on the project sums not less than the sums set forth in the documents entitled “General Prevailing Wage Determination made by the Director of Industrial Relations pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773.1”.

A copy of said document(s) is on file and may be inspected in the office of the Public Works Director, located at 908 Park Avenue, Calimesa, California, 92320.

Attention is directed to the provisions of Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor. The Contractor and any subcontractor under the Contractor shall comply with the requirements of said sections in the employment of apprentices.

Information relative to apprenticeship standards and administration of the apprenticeship program may be obtained from the Director of Industrial Relations, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

Payroll Records
The Contractor’s attention is directed to Section 1776 of the Labor Code, relating to accurate payroll records, which impose responsibility upon the Contractor for the maintenance, certification and availability for inspection of such records for all persons employed by the Contractor or by the subcontractors in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code.

Insurance Requirements
The Contractor shall provide insurance in accordance with these Specifications.

General Instructions
Bids must be prepared on the approved proposal forms in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on the outside: ATTN. PUBLIC WORKS DEPARTMENT, SEALED BID FOR JP RANCH WEED ABATEMENT SERVICES NO. 2024-09.

The City of Calimesa reserves the right to reject any or all bids, to award each item separately, and/or waive any informality on any bid. No bid may be withdrawn for sixty (60) days after the time set for the opening thereof.

Failure by the successful bidder to enter into a contract with the City, or to deliver goods and/or services in accordance with the bid may result in a declaration by the City that the bidder is not a responsible bidder and elimination from consideration in future bidding.

At the time of contract award, the prime contractor shall possess the appropriate contractor’s license and/or any combination of specialty contractor’s license(s) sufficient to perform the work.

City of Calimesa
3 Dated this 26th day of November, 2024.

By: ______________________________________________
Mari Shakir
Interim Public Works Director
City of Calimesa
907 Park Avenue, Calimesa, California 92320
(909) 795-9801
City of Calimesa
4 CITY OF CALIMESA

INSTRUCTIONS TO BIDDERS
FOR

RIGHT OF WAY WEED CONTROL SERVICES
BID NO. 2024-09
Proposal Forms
Bids shall be submitted in writing on the proposal forms provided by the City. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The City will not consider any proposal not meeting these requirements.

Non-Collusion Affidavit
Bidder shall declare that the only persons or parties interested in the proposal as principals are those named therein; that no officer, agent, or employee of the City is personally interested, directly or indirectly, in the proposal; that the proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that the proposal is in all respects fair and without collusion or fraud.

The Non-Collusion Affidavit shall be executed and submitted with the proposal.

Proposal Bid Sheet
Bidders shall give unit prices for each and all of the items set forth. No aggregate bids will be considered. The Bidder shall set forth for each item of work, in clearly legible figures, a unit item price and a total for the item in the respective spaces provided for this purpose. The quantities listed in the Bid sheets are supplied to give an indication of the general scope of work, but the accuracy of figures is not guaranteed and the Bidder shall make his/her own estimates from the data contained in Appendix A and on-site inspections. In case of a variation between the unit price and the totals shown by the Bidder, the unit price will be considered to be the bid. “Notice Inviting Sealed Bids” may be required to provide for the best interests of the City. In no event will an award by made until all necessary investigations are made as to the responsibility and qualifications of the Bidder to whom the award is contemplated. No Bidder may withdraw his/her proposal for a period of sixty (60) days after the time set for opening thereof. However, the CITY will return all proposal guarantees within ten (10) days after the award of the contract or rejection of the bids, as the case may be, to the respective bidders whose proposals they accompany.

Delivery of Proposal
Proposals may be mailed or delivered by messenger. However, it is the bidder’s responsibility alone to ensure delivery of the proposal to the hands of the City’s designated official prior to the bid opening hour stipulated in the “Notice Inviting Sealed Bids”. Late proposals will not be considered. Proposals shall be enclosed in a sealed envelope plainly marked on the outside: ATTENTION: PUBLIC

WORKS DEPARTMENT, SEALED BID FOR JP RANCH WEED ABATEMENT SERVICES NO. 2024-09.

City of Calimesa
5 Mailed bids should be addressed as follows:

City of Calimesa
Attn. Public Works Department
908 Park Avenue
Calimesa, CA 92320
RE: JP RANCH WEED ABATEMENT SERVICES NO. 2024-09
Plainly mark the proposal bid title in the upper left-hand corner with “Sealed Bid”, the name and address of the bidder, and the contract being bid.

Withdrawal of Proposals
A proposal may be withdrawn by a written request signed by the Bidder. Such requests must be delivered to the City’s designated official prior to the bid-opening hour stipulated in the “Notice inviting Sealed Bids”. The withdrawal of a proposal will not prejudice the right of the Bidder to submit a new proposal, providing there is time to do so. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee.

Irregular Proposals
Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered.

Taxes
No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes, which may be applicable.

Disqualification of Bidders
In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected, and the Bidder will be disqualified.

This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one Bidder and, while doing so, may also submit a formal proposal as a prime contractor.

No contract will be executed unless the Bidder is licensed in accordance with the provision of the State Business and Professions Code.

Interpretation of Plans and Documents
If any person contemplates submission of a bid for the proposed contract and is in doubt as to the true meaning of any part of the services to be performed, they may City of Calimesa
6 submit a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery.

Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be mailed or delivered to be delivered to each person receiving a set of such documents. The Director will not be responsible for any other explanation or interpretations of the proposed documents.

Addenda or Bulletins
All Bidders are advised as to the possibility of issuance of addenda affecting the items, scope or quantity of the work required for this project. Each Bidder shall be fully responsible for informing themselves as to whether or not any such addends have been issued. The effect of all addends to the Contract Documents shall be considered in the bid and said addends shall be made a part of the Contract Documents and shall be returned with them. Failure to cover in a bid any such addenda issued may render the bid irregular and may result in its rejection by the City.

Legal Responsibilities
All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same are expressly referred to herein or not. Any Bidder submitting a proposal shall by such action thereby agree to each and all terms, conditions, provisions and requirements set forth, contemplated and referred to in the Contract Documents and to full compliance therewith.

Award of Contract
Following a review of the bids, the City shall determine whether to award the contract or to reject all bids. The award of contract, if made, will be to the lowest responsible Bidder as determined solely by the City. Additionally, the City reserves the right to reject any or all proposals, to accept any bid or portion thereof, to waive any irregularity, and to take the bids under advisement for the period of time stated in the legal notice inviting sealed bids, as may be required to provide for the best interests of the City. The Contractor’s original signature on the Bid Proposal Form shall constitute a commitment on the part of the Bidder to furnish the items as set forth in the Bid Proposal Form, the Instructions to Bidders, the Plans, the Special Provisions and the Notice Inviting Sealed Bids. The Bidder to whom the contract is awarded shall be notified upon approval of the contract by the City Council. The Notice Inviting Bids, the Instructions to Bidders, the Bid Proposal Form, the Plans, Special Provisions and Standard Specifications, together with any attachments, shall be considered as part of the contract between the City and the Contractor to whom a Purchase Order is issued. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Bidder to whom the award is contemplated.

No Bidder may withdraw his/her proposal for a period of sixty (60) days after the time set for opening thereof. However, the City will return all proposal guarantees within ten (10) days after the award of the contract and execution of the contract City of Calimesa
7 documents or rejection of the bids, in as the case may be, to the respective bidders whose proposals they accompany.

In order to demonstrate that the Contractor can properly fulfill all of the services and conditions of the specifications, the Contractor shall meet the following criteria:

1. The Contractor shall have satisfactorily performed other contracts of a similar nature and magnitude and shall have been in business at least five (5) years.

2. The Contractor shall have the requisite organization of skilled and experienced workers under its direct employment and supervision.

Labor Code
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California (herein referred to as Labor Code) the City has obtained the general provisions rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type or worker needed to execute the contract from the Director of the Department of Industrial Relations.

These rates are on file with the Clerk of the City.

Travel and subsistence payments to each worker needed to execute the work shall be made as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Section 1773.1 of the Labor Code.

The Contractor shall comply with the provisions of Section 1774 of the Labor Code.

Failure to comply with the subject section will subject the Contractor to penalty and forfeiture provisions of Section 1775 of the Labor Code. Pursuant to the provisions of Section 1770 of the Labor Code, the general prevailing rate of wages has been ascertained (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of worker concerned.

The City will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its bid, and will not, under any circumstances, be considered as the basis of a claim against the City on the contract. The Contractor and subcontractors shall comply with Section 1777.6 of the Labor Code which stipulates that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age of such employee, except as provided in Section 3077 of the Labor Code.

Worker’s Compensation Certificate
Section 3700 of the Labor Code requires that every employer shall secure the payment compensation by either being insured against liability to pay compensation with one or more insurers or by securing a certificate of consent to self-insure from the State Director of Industrial Relations. In accordance with this section and with City of Calimesa
8 Section 1861 of the Labor Code, the Contractor shall sign a Compensation Insurance Certificate, which is included with the Contract Agreement, and submit the same to the City along with the other required contract documents, prior to performing any work. Reimbursement for this requirement shall be considered as included in the various items of work.

Drug Free Workplace
Contractor agrees to comply with the City’s Drug Free Workplace Policy.

Attorney Fees
In the event of any action between City and Contractor seeking enforcement of any of the terms and conditions of this Agreement, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, all costs, attorney’s fees and expenses actually incurred.

Arbitration
All claims, disputes, and other matters in question between the parties to this agreement arising out of, or relating to, this Agreement or the breach thereof, may be decided by arbitration if the parties mutually agree. No consolidation, joinder or in any other manner, any additional person not an arbitration arising out of, or relating to, this Agreement shall include, by party to this Agreement except by written consent containing a specific reference to this Agreement and signed by the Project Manager, the owner and any other person sought to be joined. Any consent to arbitration involving an additional person or persons shall consent to arbitration of any dispute not described therein or with any person not named or described therein.

This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this agreement shall be specifically enforceable.

Notice of request for arbitration shall be filed in writing with the other party to this Agreement, and a copy shall be filed with the Architect. The request shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceeding based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations.

Work Performance
All work shall be conducted and completed in accordance with all current, applicable state and federal laws, including, but not limited to Labor Code Sections 1770 et. seq. where applicable; local laws, ordinances and regulations; and all maps, plans and specifications on file with the City. Where any such work has been partially completed prior to this Agreement, Contractor agrees to complete them in accordance with this paragraph.

Clayton Act and Cartwright Act
Section 4552 of the State Government Code specifies that in executing a public works contract with the City to supply goods, services or materials, the Contractor or Subcontractor offers and agrees to assign to the City all rights, title and interest City of Calimesa
9 in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to the contract or subcontract.

This assignment shall become effective when the City tenders final payment to the Contractor without further acknowledgment by the parties.

Substitution of Securities
In conformance with the State of California Public Contract Code Section 22300, the Contractor may substitute securities for any funds withheld by the City to ensure performance under the contract.

At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a State or Federally chartered bank as the escrow agent who shall pay such funds to the Contractor upon notification by the City of Contractor’s satisfactory completion of the contract. The type of securities deposited, and the method of release shall be approved by the City Attorney’s office.

Subletting and Subcontracting
The City expects qualified Weed Control contractors to complete the work required.

Therefore, no subcontractors will be necessary.

Licenses and Permits
The Contractor shall have in full force and effect all licenses required by law for the performance of the services described in the scope of work for the entire duration of the project. The Contractor shall obtain a City Business license prior to the City issuing the notice to Proceed. The current annual fee for a Business License is FiftyTwo Dollars ($52.00).

City of Calimesa
10 CITY OF CALIMESA

PROPOSAL FORM
FOR

JP RANCH WEED ABATEMENT SERVICES
BID NO. 2024-09
Bidder’s Name:
______________________________________________________________________ TO CITY OF CALIMESA, as CITY:

In accordance with City’s “Notice Inviting Sealed Bids,” the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor and incidentals required for the above stated project as set forth in the Contract Documents and to perform all work in the manner and time prescribed.

BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders and Contract Documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with the City at the unit and/or lump sum prices set forth in the following Proposal Bid Sheet. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of the Bid Bond accompanying this proposal.

BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.

BIDDER agrees and acknowledges that he/she is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that code, and that the BIDDER will comply with such provisions of that code before commencing the performance of this Contract if awarded it.

BIDDER certifies to be properly licensed by the State of California as a contractor to perform work of this specialty. The undersigned agrees to furnish the City satisfactory proof of ability to perform the work, as well as records of performance of similar jobs completed recently, if and when requested to do so by the Public Works Director.

BIDDER agrees that the insurance and bonding requirements set forth can and will be fulfilled.

BIDDER certifies that in all previous contracts and subcontracts, all reports which may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.

City of Calimesa
11 BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent or employee of the City is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud.

BIDDER certifies that affirmative action has been taken to seek out and consider disadvantaged business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been carefully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder.

Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.

City of Calimesa
13 Time is of the essence on this contract, and should the Contractor fail to finish the work on or before the time stated above, the Contractor shall be charged by the City, as liquidated and ascertained damages, the sum of Five Hundred Dollars ($500.00) for each calendar day extension of time duly granted in the manner and for the causes specified in the Special Provisions) it being hereby expressly impracticable and extremely difficult to fix the actual damage which would or will be suffered in the event that the Contractor should fail fully to complete the work within the time specified, and it would be further agreed that the charges per day as aforementioned shall be reasonable and proper in premise. The amount so charged shall be deducted by the City from any monies which otherwise are, or become, payable to the Contractor.

Unit Prices Proposal
Unit prices in each and every case shall represent a true unit price used in preparing the bid schedule totals (PROPOSAL FORM). Unit prices listed herein shall include all material, installation and appurtenant work as is necessary to have the item complete and in place, meeting the full intent of plans and specifications. Unbalanced unit prices including additive alternates shall be sufficient cause for rejection of the bid. The purpose of the unit pricing is for bid evaluation and changes in the work during services.

The undersigned hereby declares that the cost of all necessary items for completion of this project are included in the unit prices quoted, all incidentals have been taken into consideration even though said incidentals are not specifically listed in the specifications or shown on the plans. The undersigned is likewise aware of the fact that distances, quantities and other estimated figures appearing on the plans or mentioned in the specifications or on the Proposal Form are only approximate and declares that the unit prices shown above for the various items of work are based on distances and quantities calculated as the result of actual measures performed at the site project.

City of Calimesa
18 SPECIFICATIONS
SECTION 1 – GENERAL PROVISIONS
FOR

JP RANCH WEED ABATEMENT SERVICES
BID NO. 2024-09
1-1. Scope of Work
The work to be done shall include furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents to provide the above stated services.

The work generally consists of trimming down and/or thinning out vegetation in accordance with The City of Calimesa Fire Prevention Bureau Fuel Modification Plan Guideline (Exhibit B) and the schedule in Section 2-1 of these specifications. 1-2. Location of Work
The general location and limits of the work to be completed are within the City of Calimesa. The successful contractor will receive a complete list of streets prior to commencing services.
1-3. Traffic Requirements
All streets must remain open to public traffic.
1-4. Standard Specifications
The Standard Specifications of the Agency are contained in the most current edition of the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, LATEST EDITION “GREENBOOK”, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. Copies of these Standard Specifications are available from the publisher: Building News, Incorporated, P.O. Box 3031 Terminal Annex, Los Angeles, California 90051. Phone: 213-202-7775.

The Standard Specifications set forth above will control the general provisions for this Contract except as amended by the Plans, Special Provisions, or other contract documents.

The Section Numbers of the following Special Provisions coincide with those of the said Standard Specifications. Only those Sections requiring amendment or elaboration or specifying options are called out. In case of conflict between the Standard Specifications and the Special Provisions, the Special Provisions shall take precedence over, and be used in lieu of, such conflicting portions.

References in the Special Provisions to ‘CALTRANS Standard Specifications” shall mean the Standard Specifications (2003) of the State of California, Department of Transportation. Copies of these specifications and standard drawings may be obtained from: State of California – Department of Transportation, Central City of Calimesa
19 Publication Distribution unit, 6002 Folsom Boulevard, Sacramento, California 95819.

References in the Special Provisions to Standard Plans shall mean the Standard Plans for the City of Calimesa or other governing agency as specified. Applicable Standard Plans for this project are contained in Appendix A of these Specifications.

Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place and that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the Contract. 1-5. Wage Rates and Labor Code Requirements
Wage Rates
The Contractor and all Subcontractors shall be required to adhere to the general prevailing rate of per diem wages as determined and published by the State Director of the Department of Industrial Relations, pursuant to Sections 1770, 1773 and 1773.2 of the California Labor Code. Copies of these rates and the latest revisions thereto are on file in the Office of the Clerk of the Agency and are available for review upon request.

Attention is directed to the provisions of Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the State Labor Code. Sections 1774 and 1775 require the Contractor and all Subcontractors to pay not less than the prevailing wage rates to all workers employed in the execution of the Contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Section 1776 requires the Contractor and Subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location.

Apprentices
Section 1777.5 requires the Contractor or Subcontractor(s) employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project and which administers the apprenticeship program if Contractor employees registered apprentices or journeypersons in any apprenticeable trade and if other contractors on the public works site are making such contributions.

Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards.

Clayton Act and Cartwright Act
Section 4552 of the State Government Code specifies that in executing a public works contract with the Agency to supply goods, services or materials, the Contractor or Subcontractor(s) offers and agrees to assign to the Agency all rights, title and interest in and to all causes of action it may have under Section 4 of the City of Calimesa
20 Clayton Act (15 U.S.C., Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from the purchase of goods, services or materials pursuant to the contract or subcontract. This assignment shall become effective when the Agency tenders final payment to the Contractor without further acknowledgment by the parties.
1-6. Insurance and Indemnification Requirements
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.

Indemnification
See Section titled “Contractor’s Liability and Indemnification.” Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage [Occurrence Form CG 00 01].

2. Insurance Services Office Form Number CA 0001 [Ed. 1/87] covering Automobile Liability, Code 1 [any auto].

3. Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance.

4. Professional Liability (if Design/Build).

5. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards).

Minimum Limits of Insurance
Contractor shall maintain limits no less than:

1. General Liability: $2,000,000 per occurrence for products and completed operations, property damage, bodily injury and personal & advertising injury. If Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

City of Calimesa
21 4. Professional Liability: $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

5. Contractors’ Pollution Legal Liability: $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as insured’s with respect to liability arising out of automobiles owned, leased, hired or borrowed by, or on behalf of, the Contractor; and with respect to liability arising out of work or operations performed by, or on behalf of, the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance, or as a separate owner’s policy.

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.

4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.

Course of construction policies shall contain the following provisions:

1. The City shall be named as loss payee.

2. The insurer shall waive all rights of subrogation against the City.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-VIII.

City of Calimesa
22 Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements affecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City’s forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the requirements stated herein.

Contractor’s Liability and Indemnification
To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, actions challenging the award of this contract, stop notices, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, Contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for all legal expenses and costs incurred by Indemnitees in connection therewith.

The Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of the Contractor in the performance of the Contract. If the Contractor fails to obtain such indemnity obligations, the Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of the Contractor’s City of Calimesa
23 Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that the Contractor’s Subcontractor shall bear the legal liability thereof) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

If, in the opinion of the Director, the precautions taken by the Contractor are not safe or adequate at any time during the life of the Contract, the Director may order the Contractor to take further precautions, and if the Contractor shall fail to do so, the Engineer may order the work done by others and charge the Contractor for the cost thereof, such cost to be deducted from any monies due or becoming due the Contractor. Failure of the Director to order such additional precautions, however, shall not relieve the Contractor from his full responsibility for public safety.

City of Calimesa
24 CITY OF CALIMESA SPECIFICATIONS
SECTION 2 – SPECIAL PROVISIONS
FOR

RIGHT OF WAY WEED CONTROL SERVICES
BID NO. 2023-08
2-1. Work Schedule
Contractor shall accomplish all work between the hours of 7:00 AM and 5:00 PM during the normal work week, Monday through Friday.
2-2. Additional Work
The City reserves the right to order additional works over and above the quantities listed in the Proposal Form. In the event that additional work is required and is so ordered by the Public Works Director, payment to the Contractor will be based on the actual quantity of additional work ordered and measured in the field by the Public Works Director and will be paid for at the lump sum price bid by the Contractor. Likewise, the City reserves the right to order extra work not shown on the plans and not listed in the Proposal Form.

Any extra work done shall conform to the provisions of Section 3.3, “Extra Work,” or the Standard Specifications, subject to the restrictions of Section 20452 and 20455 of the Public Contract Code. However, equipment rental rates and labor rates shall conform to State of California Business and Transportation Agency, Department of Transportation, Division of Construction, “LABOR AND EQUIPMENT RENTAL RATES,” latest edition, unless the extra work is done for a negotiated price.
2-3. Increased or Decreased Quantities
If the total pay quantity of any item of work subject to the provisions in Section 3-2.2.1, “Contract Unit prices”, “increased or decreased quantities,” of the Standard Specifications varies by more than 25 percent, compensation payable to the Contractor will be determined in accordance with said Section 3-2.2.1 and these Special Provisions.

The total of all contract and subcontract administrative and insurance, overhead and profit costs for extra work for which unit prices have not been established in the original contract shall not exceed 20 percent.

When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the Engineer’s Estimate is less than $1,500.00 at the applicable contract unit price, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. Such Contractor’s request shall be accompanied by adequate, detailed data to support costs of the item.

City of Calimesa
25 Should the total pay quantity of any items of work required under the contract be less than 75 percent of the Engineer’s Estimate, therefore, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested by the Contractor. Such Contractor’s request shall be accompanied by adequate, detailed data to support costs of item.
2-4. Quality of Work
All work shall be performed in accordance with The City of Calimesa Fire Prevention Bureau Fuel Modification Plan Guideline.
2-5. Removal and Disposal of Materials
All materials removed must be hauled away from the project site on the same working day and legally disposed of and/or recycled at a site located outside the city limits of the City of Calimesa. The Contractor shall recycle materials whenever possible. If the Contractor recycles materials in accordance with the requirements of AB 939, the City shall be provided documentation as to the weight of the material.
2-6. Avoidance of Dust Nuisance
During the process of breaking and removal of any material from the site of the project and until completion of the contract work, the Contractor shall take all necessary measures in order to avoid the nuisance of excessive dust.

Refer to Section 7-8.1 of the Standard Specifications.
2-7. Term of the Agreement
This agreement shall be for a period of three (3) years, which is anticipated to begin on the 1st day of February 2025 and end on the 31st day of January 2028. The Contractor will not be due additional compensation if the contract starts sooner or later than the anticipated date. The City shall have the option of extending the term of the agreement for three one-year periods. The City shall have the sole discretion for extending the term of the agreement and the Contractor shall not be entitled to compensation if the City does not extend the term of the agreement. Any such extension by the City shall not be effective without written authorization by the City Manager.

The City of Calimesa reserves the right to increase or reduce the frequency of weed abatement services and/or the number of areas being serviced.

When an increase or reduction of the service level is desired, the Director of Public Works will advise the Contractor of the changes in writing and their effective date. The Contractor shall then proceed with the work as reduced on the effective date of the notice.
2-8. Personnel
The Contractor shall furnish sufficient supervisory and working personnel capable of promptly accomplishing on schedule, to the satisfaction of the City of Calimesa
26 Public Works Director, all work required under this contract during the regular and other prescribed hours.

All such personnel shall be physically able to do the assigned work. The Contractor and his employees shall always conduct themselves in a proper and efficient manner and shall cause the least possible annoyance to the public. They shall be fully clothed in suitable attire. The Public Works Director may require the Contractor to remove from the work site any employee deemed careless, incompetent, or otherwise objectionable, whose continued employment on the job is contrary to the best interest of the City of Calimesa.

The Contractor shall have competent employees on the job who can discuss with the Public Works Director matters pertaining to this contract.

Adequate and competent supervision shall be provided for all work done by the Contractor’s employees to ensure accomplishment of high-quality work that will be acceptable to the Public Works Director.
2-9. Supervision of Work
The Public Works Director shall have general supervision and direction of the work and may be represented on the work by a duly authorized inspector. All claims of the Contractor and questions that may arise as to the quality and acceptability of materials furnished and work performed and as to the manner of performance and the rate of progress of work; all questions as to the interpretation of the Contract, contract drawings and specifications; all questions as to the acceptable fulfillment as to compensation shall be referred to the City for decision. The decision of the Public Works Director shall be final and conclusive.
2-10. Contractor Not an Agent
The right of the City to generally supervise and review the work shall not make the Contractor an agent of the City.
2-11. Minor Modification
The Public Works Director may modify these specifications with the joint approval of the Contractor in writing.
2-12. Failure to Perform Satisfactorily
It is agreed and understood that in the short run if the Contractor fails to perform the work as specified herein, the City will only pay for service received as determined by the Public Works Director with the appropriate downward adjustment in price or may have such required work done by other forces and charge the cost thereof to the Contractor.

The Public Works Director may make a billing adjustment in the monthly payments for insufficiencies in the services rendered by the Contractor. Billing adjustments for unsatisfactory service may be a permanent retention of one hundred percent (100%) of the estimated monthly cost for work that is incomplete or deficient as stated herein.

City of Calimesa
27 2-13. Complaints
All public complaints concerning weed control services shall be investigated by the Contractor and action will be taken to mitigate the cause of the complaint. Complaints regarding the weed control operations, which the Public Works Director consider justifiable and the responsibility of the Contractor, will be referred to the Contractor for immediate attention. A report of the action taken on each complaint shall be submitted by the Contractor, within one (1) day after receiving the complaint, to the Public Works Director. 2-14. Termination of Contract
If the Contractor fails to meet the specifications of this contract for a period of thirty (30) cumulative days, the City may, at its option, terminate the balance of this contract by written notice of termination to the Contractor. 2-15. Payments Withheld
The City may withhold payment to such extent as may be necessary to protect the City from loss due to the following:

1. Work required in the specifications that is defective, incomplete or not performed.

2. Claims filed or reasonable evidence indicating probable filing of claims.

3. Failure to make payments for labor.
2-16. Disputed Invoices
In the event of disputes, the disputed invoice will be submitted to the Public Works Director for his or her review and decision. The determination of the Public Works Director shall be final.

City of Calimesa
28 APPENDIX A

CONTRACT AGREEMENT DOCUMENTS
City of Calimesa
29 CITY OF CALIMESA

AGREEMENT FOR

JP RANCH WEED ABATEMENT SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this day of , 20___, by and between the City of Calimesa, a municipal organization organized under the laws of the State of California with its principal place of business at 908 Park Avenue, Calimesa, California 92320 ("City") and [INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS; CORPORATION; LIMITED LIABILITY COMPANY; ETC.], with its principal place of business at [INSERT ADDRESS] ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of professional Weed Abatement Contractor services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is licensed in the State of California and is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such services for the JP Ranch Weed Abatement Services ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional JP Ranch Weed Abatement Services necessary for the Project ("Services"). All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

The contract documents for the Project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications and appendices; together with this Agreement and all required bonds, indemnity, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner (collectively, the “Contract Documents”). The Contract Documents are made a part hereof as though fully set forth herein.

3.1.2 Term. The term of this Agreement shall be from February 01, 2025, to January 31, 2028, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than three additional one-year terms.

Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor shall complete, execute, and submit to City a Request for Taxpayer Identification Number and Certification (IRS Form W- City of Calimesa
30 9) prior to commencement of any Services under this Agreement. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in the contract documents and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work performed by Contractor shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Contractor at the request of the City. The key personnel for performance of this Agreement are as follows: [INSERT NAME(S)].

3.2.5 City's Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates Public Works Director, or his or her designee, as the City's contact for the implementation of the Services hereunder. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee.

3.2.6 Contractor's Representative. Contractor hereby designates [INSERT NAME OR TITLE], or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services.

Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-Contractors who is determined by the City of Calimesa
31 City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 Insurance.

3.2.10.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

3.2.10.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Contractor in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so. (a) Commercial General Liability: Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(b) Automobile Liability Insurance: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
(c) Contractors Pollution Liability: and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
(d) Professional Liability: (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. (e) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

City of Calimesa
32 3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(A) The policy or policies of insurance required by Section 3.2.10.2 (a) Commercial General Liability and (c) Contractor's Pollution Liability shall be endorsed to provide the following:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the Agreement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for nonpayment of premium. (B) The policy or policies of insurance required by Section 3.2.10.2 (b) Automobile Liability and (d) Professional Liability shall be endorsed to provide the following:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for nonpayment of premium. (C) The policy or policies of insurance required by Section 3.2.10.2 (e) Workers' Compensation shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for nonpayment of premium.

3.2.10.4 Primary and Non-Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.

3.2.10.6 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.10.7 Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall City of Calimesa
33 be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.10.8 Failure to Maintain Coverage. Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Agreement.

In the event that the Contractor's operations are suspended for failure to maintain required insurance coverage, the Contractor shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.

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

3.2.10.10 Insurance for Subcontractors. All Subcontractors shall be included as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing Subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subcontractor's policies.

3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.12 Business License. Contractor shall procure a City of Calimesa Business License and renew it annually during the term of the Agreement.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in the proposal form and incorporated herein by reference. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City.

City of Calimesa
34 3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section

3.1.2, the rates set forth in the proposal form may be adjusted each year at the time of renewal in accordance with the March Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties up to a maximum percentage of five percent.

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

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

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

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement.

Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

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

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

Contractor:
[INSERT NAME, ADDRESS & CONTACT PERSON]
City of Calimesa
35 City:

City of Calimesa
908 Park Avenue
Calimesa, CA 92320
Attn: Mari Shakir, Associate Engineer
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.

Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

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

3.5.3.3 Confidential Information. The City shall refrain from releasing Contractor’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Contractor of its intention to release Proprietary Information. Contractor shall have five (5) working days after receipt of the Release Notice to give City written notice of Contractor's objection to the City's release of Proprietary Information. Contractor shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Contractor fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

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

3.5.7 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

City of Calimesa
36 3.5.8 Indemnification.

3.5.7.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, actions challenging the award of this contract, stop notices, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, Contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.

Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for all legal expenses and costs incurred by Indemnitees in connection therewith.

The Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of the Contractor in the performance of the Contract. If the Contractor fails to obtain such indemnity obligations, the Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of the Contractor’s Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that the Contractor’s Subcontractor shall bear the legal liability thereof) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

3.5.8.2 Additional Indemnity Obligations. Contractor shall defend, with Counsel of City's choosing and at Contractor’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.7.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

3.5.9 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.10 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

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

City of Calimesa
37 3.5.12 City's Right to Employ Other Contractors. City reserves right to employ other Contractors in connection with this Project.

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

3.5.14 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

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

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

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

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

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

3.5.20 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Further, Contractor warrants that it has not promised or paid to any city employee or official, any rebates, kickbacks, or other unlawful considerations contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

City of Calimesa
38 3.5.23 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

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

3.6 Subcontracting.

3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on following page.]
City of Calimesa
39 IN WITNESS WHEREOF, the parties have executed this instrument on this ____ day of __________, 202__.

CITY OF CALIMESA [INSERT NAME OF CONTRACTOR]
By: By:_____________________________
Will Kolbow
City Manager Name:___________________________
Title:____________________________
Attest:
[If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary, AND

CORPORATE SEAL OF CONTRACTOR
REQUIRED]
By:

Darlene Gerdes By:_____________________________
City Clerk
Name:___________________________
Approved as to Form: Title:____________________________

RICHARDS WATSON GERSHON
By:

Quinn Barrow
City Attorney

City of Calimesa
41 with or on behalf of the Contractor in the performance of the Contract. If the Contractor fails to obtain such indemnity obligations, the Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of the Contractor’s Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that the Contractor’s Subcontractor shall bear the legal liability thereof) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company’s liability and that insurer waives any right on contribution with insurance which may be available to City of Calimesa. In the event of cancellation or material change in the above coverage, the company will give forty-five (45) days written notice of cancellation or material change to the certificate holder.

Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all terms, exclusions and conditions of such policies.

Date: By:

Agency: Title:

Address:

City of Calimesa
42 CERTIFICATE OF INSURANCE
Worker’s Compensation
WHEREAS, the City of Calimesa has required certain insurance to be provided by:

NOW, THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time.

1. This certificate is issued to: City of Calimesa, City Hall, 908 Park Avenue, Calimesa, CA 92320.

2. The insureds under such policy or policies are:

3. Worker’s Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds, as follows:

Policy Number Effective Date Expiration Date

4. Said policy or policies shall not be canceled, nor shall there be any reduction in coverage or limits or liability, unless and until thirty (30) days written notice thereof has been served upon the City Clerk of the City of Calimesa.

City of Calimesa
43 EXHIBIT A

LOCATION MAP

City of Calimesa
44 EXHIBIT B
Fire Prevention Bureau Fuel Modification Plan
Guideline

CITY OF CALIMESA
908 Park Avenue  Calimesa, California 92320
Phone: (909) 795-9801  Fax: (909) 795-4399

FIRE PREVENTION BUREAU

FUEL MODIFICATION PLAN GUIDELINE