Glendora City Council
October 28, 2025

3010 Old Ranch Parkway Suite 100; Seal Beach, CA 90740-2751 affordable housing, and the City cannot deny a requested incentive unless the incentive would have a “specific, adverse impact” on the public health and safety or on any real property that is listed on the California Register of Historical Resources for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.3 The City could deny an incentive if it would be contrary to state or federal law.4 As you know, Olson did request an incentive to receive domestic water service from the existing domestic six inch water line within the northerly side of Route 66, as opposed to connecting to a water line under Route 66 to its southerly side. Connecting the water line in the manner proposed would reduce the cost of providing affordable housing since it would reduce the amount of trenching and related construction costs; the City cannot deny that request based on the evidence in the record, as there would not be a public health and safety or other justification that could support the City not granting the requested incentive.

Waivers
SDBL specifies that a project is entitled to a waiver from “any development standard that will have the effect of physically precluding the construction of a development… at the densities or with the concessions or incentives permitted by this section.”5 Waivers are separate from and additional to concessions/incentives; approval is mandatory if the standard would preclude development of the Project at its permitted density.

The Project requires six waivers in order to accommodate the proposed density of 24 residential units, the number of which is governed by state law:

1. Front yard setback of 12.3’ to 12.6’ to accommodate mechanical equipment and HVAC equipment, plus bay windows.

2. Rear yard setback of ten feet at all levels in lieu of 15’ for level three.

3. Private open space of 34 square feet in lieu of 100 square feet per dwelling unit.

4. Garages of 20’ x 19’2” in lieu of 20’ x 20’, along with tandem garages.6

5. No garage storage area

6. Reduced street frontage of 128.26’ in lieu of 150’
Without these waivers, the Project, as proposed, would be physically precluded from achieving its current density, including affordable units. Without relief from the front yard setback, there would be insufficient space for the mechanical equipment and HVAC. Without such necessary components, there would be physical preclusion of the Project. Without the rear yard setback relief, there would need to be a reduction of five feet from the living area of two of the dwelling units making them non-viable. 5 Gov’t Code Section 65915(e)(1).
6 Gov’t Code Section 65915(p)(4) allows tandem and no guest parking.

Docusign Envelope ID: 03231438-D0DA-419A-9E0B-C2623CE344B6 Glendora Planning Division
October 3, 2025

3010 Old Ranch Parkway Suite 100; Seal Beach, CA 90740-2751 Without the open space relief, substantial living area space would need to be removed from dwelling units, or there would need to be fewer dwelling units in order to accommodate the otherwise required open space. As such, the Project would be physically precluded if it had to provide the full amount of private open space that the City would otherwise require. As shown in the Project’s site plan, the dwelling units’ footprint is quite tight, with a 28’ fire lane and side yards providing open space and circulation areas. If the full 20’ depth were provided, it would be taken out of either the fire lane, dwelling unit floor area, or side yards where circulation and open space are provided. With respect to storage areas, if that were provided in the garages, parking would be lost to accommodate such storage areas causing a loss in this amenity. With regard to the minimum lot frontage dimension of 150 feet, if there were no relief from this development standard, there would be no Project (and no dwelling units) because the Project would not be able to provide such otherwise required street frontage. Taken together, these waivers are necessary, as, without them, there would be physical preclusion of the Project with the amenities and density proposed.

Courts have confirmed that SDBL is not ambiguous as to the applicability of waivers: In Bankers Hill 150 v. City of San Diego, the Court concluded that the law provides a “developer with broad discretion to design projects with additional amenities even if doing so would conflict with local development standards.”7 This is in accord with Wollmer v. City of Berkeley where the court held that there is nothing in SDBL that “requires the applicant to strip the project of amenities, such as an interior courtyard, that would require a waiver of development standards. Standards may be waived that physically preclude construction of a housing development meeting the requirements for a density bonus, period.”8 In Bankers Hill, the court made clear: “So long as a proposed housing development project meets the criteria of the Density Bonus Law by including the necessary affordable units, a city may not apply any development standard that would physically preclude construction of that project as designed, even if the building includes ‘amenities’ beyond the bare minimum of building components.”9In other words, cities must assess the validity of waivers based on projects as they are proposed rather than as they may theoretically be designed to a minimalist configuration.

The Project that was submitted is reasonably designed and requires all the requested waivers to physically include its current density, including affordable units.

Olson hopes that the information provided in this letter provides more clarity with respect to SDBL and that this is useful to the Planning Commission as it reviews the Project for approval. 7 Bankers Hill 150 v. City of San Diego (2022) 74 Cal.App.5th 755, 774-775. 8 Wollmer v. City of Berkeley (2011) 193 Cal.App.4th 1329, 1346-1347. 9 Bankers Hill 150 v. City of San Diego, 74 Cal.App.5th 755, 775 (2022).

Docusign Envelope ID: 03231438-D0DA-419A-9E0B-C2623CE344B6 Glendora Planning Division
October 3, 2025

3010 Old Ranch Parkway Suite 100; Seal Beach, CA 90740-2751 Sincerely,
John Reekstin
Senior VP of Community Development
The Olson Company for Olson Urban Housing, LLC
cc: John Reekstin, Todd Olson, The Olson Company
Docusign Envelope ID: 03231438-D0DA-419A-9E0B-C2623CE344B6 The Olson Company
363 W. Route 66
City of Glendora
City Council Meeting
October 28, 2025
•Over 35 Years Developing in Urban Locations
• 10 - Time Winner of Eliant Award for Customer Service • #1 in the Nation for Customer Service
• #1 in the Nation for Purchase & Ownership Experience
• Long Term Community Commitment - Champion Program
• Award Winning Design Team
About The Company The Olson Company
Glendora
Project History
• Initial Involvement (May 2024)
• Community Outreach (July 2024)
• Senate Bill 330 Application (December 2024)
• Worked closely with City Staff
• Modified Application Five Times
• Application Deemed Complete (September 2025)
• Planning Commission Approved (October 2025)
The Olson Company
Glendora
Applicable State Laws:
• State Density Bonus Law (1979) – increases the number of homes allowed when affordable homes are provided.
• Housing Crisis Act (2019) – clarifies based unit count calculations, expedites & vests development rights.
• Housing Accountability Act (1982) – Requires approval of housing projects that meet local standards.

Legislation The Olson Company
Glendora
Community Meeting:
• Held at Joy’s Mobile Home Park
• Meeting Date: July 24, 2024
• Attendance: 10-15 Residents
• Reviewed the proposed community and received feedback Community Outreach The Olson Company
Glendora
Concerns Noted:
• Construction Noise & Debris
• Hours of Operations for Construction
• 7am to 6pm Monday through Friday
• No work on Saturday or Sunday
Community Outreach The Olson Company
Glendora
Existing Use
Facing Northeast Facing Northwest
The Olson Company
Glendora
Existing Use
Facing South Facing Southeast
The Olson Company
Glendora
Site Plan The Olson Company
Glendora
Site Plan
Enhanced Entry with
Decorative Pavers
The Olson Company
Glendora
Site Plan
Enhanced Entry with
Decorative Pavers
Community
Monumentation
The Olson Company
Glendora
Site Plan
Enhanced Entry with
Decorative Pavers
Community
Monumentation
Artistic Pedestrian
Gates
The Olson Company
Glendora
Site Plan
Enhanced Entry with
Decorative Pavers
Community
Monumentation
Artistic Pedestrian
Gates
Tree Lined
Walkways
The Olson Company
Glendora
Site Plan
Enhanced Entry with
Decorative Pavers
Community
Monumentation
Artistic Pedestrian
Gates
Tree Lined
Walkways
Gated Amenity Space
• Shade Structure
• BBQ
• Tables & Seating
• Bench Seating
• Bicycle Parking
The Olson Company
Glendora
Site Plan
Enhanced Entry with
Decorative Pavers
Community
Monumentation
Artistic Pedestrian
Gates
Tree Lined
Walkways
Gated Amenity Space
• Shade Structure
• BBQ
• Tables & Seating
• Bench Seating
• Bicycle Parking
Privacy Trees for
Neighbors
The Olson Company
Glendora
Site Plan
Enhanced Entry with
Decorative Pavers
Community
Monumentation
Artistic Pedestrian
Gates
Tree Lined
Walkways
Gated Amenity Space
• Shade Structure
• BBQ
• Tables & Seating
• Bench Seating
• Bicycle Parking
Privacy Trees for
Neighbors
Private Yard Areas
The Olson Company
Glendora
Site Plan
Enhanced Entry with
Decorative Pavers
Community
Monumentation
Artistic Pedestrian
Gates
Tree Lined
Walkways
Gated Amenity Space
• Shade Structure
• BBQ
• Tables & Seating
• Bench Seating
• Bicycle Parking
Privacy Trees for
Neighbors
Private Yard Areas
Mailboxes
The Olson Company
Glendora
Site Plan
Enhanced Entry with
Decorative Pavers
Community
Monumentation
Artistic Pedestrian
Gates
Tree Lined
Walkways
Gated Amenity Space
• Shade Structure
• BBQ
• Tables & Seating
• Bench Seating
• Bicycle Parking
Privacy Trees for
Neighbors
Private Yard Areas
Mailboxes
Gated Turf Area
The Olson Company
Glendora
Site Plan
Enhanced Entry with
Decorative Pavers
Community
Monumentation
Artisan Pedestrian
Gates
Tree Lined
Walkways
Gated Amenity Space
• Shade Structure
• BBQ
• Tables & Seating
• Bench Seating
• Bicycle Parking
Privacy Trees for
Neighbors
Private Yard Areas
Mailboxes
Gated Turf Area
Artisan Pedestrian
Gates
The Olson Company
Glendora
Concrete “S”
Roof Tile
Balconies with
French Doors &
Metal Juliet
Railings
Arched Entry Soffit
Stucco
Walls
Decorative Lights & Address Signs
Sculpted
Sills
Exposed
Truss Tails
Stucco Faux
Chimney
Architecture
Decorative
Gable End
Tile
Shutters
Exposed
Truss Tails
The Olson Company
Glendora
Stucco Faux
Chimney
Proposed Community The Olson Company
Glendora
• Removes Blight
• Consistent with General Plan & Zoning
• Adds to City’s RHNA Production
• 12% of the Homes are Designated as Affordable
• Attainably Priced Market Rate Homes
• Supports Gold Line Station
• Increases Enrollment in Glendora Unified School District • New Residents Strengthen Local Retail & Commerce
• Increased Developer Fees, School District Fees, and Local Taxes Community Benefits The Olson Company
Glendora
The Olson Company
363 W. Route 66
City of Glendora
City Council Meeting
October 28, 2025

STAFF REPORT
TO: Mayor and Council Members DATE: October 28, 2025
FROM: City Clerk DISTRICT(S): Not Applicable
SUBJECT: Affirm minutes from the October 14, 2025 Meeting

RECOMMENDATION
That the City Council, Successor Agency and Housing Authority:

1. Affirm the minutes as presented.

STRATEGIC FOCUS AREAS
Not Applicable

EXECUTIVE SUMMARY
This staff report requests affirmation of the minutes from the previous meetings. The minutes have been prepared and reviewed in accordance with city procedures and transparency requirements. Affirming these minutes ensures the accuracy and integrity of the official record. Staff recommends approval to maintain proper documentation and compliance with meeting protocols.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Not Applicable.

DISCUSSION
Pursuant to the City's standard practices and the Brown Act, meeting action minutes are reviewed and affirmed by the legislative bodies to ensure transparency and accuracy in government proceedings. The action minutes for the October 14, 2025 meeting was compiled based on staff notes and official recordings. No requests for revisions or amendments have been received to date.

By affirming minutes, the legislation bodies acknowledges their accuracy and preserves them as an official record of the meeting. If any corrections or amendments are desired, they can be addressed before final affirmation.

FISCAL IMPACT
There is no fiscal impact associated with this action.

ENVIRONMENTAL DETERMINATION
There is no CEQA impacts associated with the recommendations in this report.

Prepared By: Roxanne Breceda, Deputy City Clerk / Records Manager Concurs With: Not Applicable
Reviewed By: Kathleen R. Sessman, City Clerk/Communications Director Certified to Availability of
Funds: Not Applicable
Approved By: Not Applicable
Legal Review: Not Applicable
CEQA Review: Not Applicable
Attachments
A. October 14, 2025 Reg Mtg Minutes.pdf
City of Glendora Minutes
Regular Meeting
Tuesday, October 14, 2025
City Hall Council Chamber
116 E. Foothill Boulevard
Virtually via Zoom ID# 9329247224
The City Council also serves as members of the Board of Directors of the Successor Agency of the former Community Redevelopment Agency, Housing Authority, which are concurrently convening this evening.

CALL TO ORDER
The City Council, Successor Agency and Housing Authority meeting was called to order at 6:00 PM.

ROLL CALL
Members Present: Karen Davis, Shaunna Elias, Mendell L. Thompson, Mayor Pro Tem/ViceChair Michael Allawos, Mayor/Chair David Fredendall Members Absent: None
Staff Present: City Manager/Executive Director Adam Raymond, City/Agency Attorney Danny Aleshire, Assistant City Manager Moises Lopez, Deputy City Manager Marie Ricci, Public Works Director William Wittkopf, Finance Director/City Treasurer Kyle Johnson, City Clerk/Communications Director Kathleen Sessman, Human Services Manager Debbie Lopez, Business Services Manager Julie Linger, Human Resources Management Analyst Jaclyn Brown, Media Specialist Craig Gill, Senior Media Specialist Greg Morton, and Deputy City Clerk/Records Manager Roxanne Breceda

CLOSED SESSION
Closed Session title was read into the record. There was no one wishing to provide comment. The meeting convened into Closed Session at 6:02 PM.

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION A closed session will be held, pursuant to Government Code §54957 to conduct an employee performance evaluation for the position of City Attorney.

Closed Session adjourned at 6:55 PM and the meeting reconvened into Open Session at 7:01 PM with all members present. City Attorney Aleshire reported that a confidential briefing was held, feedback was provided, and that no reportable action was taken.

INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was given by Pastor Dr. Michael Cordich of First Baptist Church.

The Pledge of Allegiance was led by Robert Johnson.

REORDERING OF AND ADDITIONS TO THE AGENDA
There were no requests received.

PUBLIC COMMENT

2. Public Comments received
Minutes Tuesday, October 14, 2025 Page 2 of 4
Regular Meeting City Council, Successor Agency and Housing Authority Comments were received from: Jack Artan, Cristina Lopez, Robert Johnson, Bill Bertonneau, Michael Baron, Erica Landmann, April Veralto, and Roxanne Hoge.

MEMBER STATEMENT/REPORTS
Councilmember/Commissioner Thompson commented on Councilmembers Davis and Elias “disagreeing better” video clip and recent rainstorms.

Councilmember/Commissioner Elias commented on the “disagreeing better” video clip.

Councilmember/Commissioner Davis commented on the “Disagreeing Better” video clip; Sunday’s Glendora Together forum; the upcoming 32nd Annual Pumpkin Festival on Saturday, October 18, 2025, from 11:00 a.m. to 4:00 p.m. at Centennial Heritage Park; and the Rain Bird ribbon cutting and debut of Orton Engelhardt at 10:00 a.m. Davis also announced that Charter Oak High School’s varsity football team won the 2025 Mayor’s Cup by defeating Glendora High School and noted the team’s second-place ranking in the California Interscholastic Federation.

Mayor Pro Tem/Vice-Chair Allawos commented on Senate Bill No. 79 regarding housing development; the Air Quality Management District (AQMD) Invest Clean Funding application process; and the Glendora Kiwaniannes Designer Bag Bingo fundraiser scheduled for Saturday, October 18, 2025.

Mayor/Chair Fredendall announced several upcoming community events, including the 32nd Annual Pumpkin Festival on Saturday, October 18, 2025, from 11:00 a.m. to 4:00 p.m. at Centennial Heritage Park; the Rain Bird ribbon cutting and debut of Orton Engelhardt at 10:00 a.m. the same day; the Halloween Movie in the Park on Friday, October 17, 2025, from 6:00 to 8:00 p.m.; the Halloween Carnival on Saturday, October 25, 2025, from 5:00 to 8:00 p.m.; and the Homecoming Parade and Football Game on Friday, October 17, 2025, at 4:00 p.m.

CITY MANAGER AND CITY ATTORNEY STATEMENTS
Chief Randazzo announced the Glendora Police Department’s 10th Annual Pink Patch Program fundraiser for cancer awareness, with a dinner at Luca Bella on Thursday, October 16, 2025, from 5:00 to 9:00 p.m., and a Sugar with Your Coffee event on Monday, October 20, 2025, at Classic Coffee from 12:00 to 4:00 p.m. All proceeds will benefit cancer research.

SPECIAL ITEMS

3. Proclamation presentation for National Friends of the Library Week October 19 - 25, 2025 Proclamation presented to Glendora Public Library Friends Foundation Executive Director Maggie Lara.

CONSENT CALENDAR
A motion was made by Mayor Pro Tem/Vice-Chair Allawos, seconded by Councilmember/Commissioner Thompson to approved Consent Calendar Items #4 - #7 as presented, affirming the actions appropriate to each item. Motion carried 5-0 as follows: AYES:

Davis, Elias, Thompson, Allawos, Fredendall; NOES: None; ABSENT: None; ABSTAIN: None.

4. Affirm minutes from the September 23, 2025 Meeting
The City Council, Successor Agency and Housing Authority affirmed minutes as presented.

Minutes Tuesday, October 14, 2025 Page 3 of 4
Regular Meeting City Council, Successor Agency and Housing Authority

5. Review and Affirm Disbursements for September 2025 in the Amount of $8,042,525.18 The City Council and Successor Agency reviewed and affirmed disbursements for September 2025 in the amount of $8,042,525.18.

6. Notice of Completion for Slurry Seal FY 2024-25 Project, Plan No. 1392 The City Council 1. Approved Change Orders No. 1 - 3 totaling $91,693.75; 2. Accepted the completion of Citywide Slurry Seal FY 2024-25 Project, Plan No. 1392 by Doug Martin Contracting Company, Inc.; 3. Approved the final contract amount of $401,635.75; 4. Authorized the Mayor or his designee to sign and file the Notice of Completion with the County of Los Angeles Registrar-Recorder; 5. Authorized the Public Works Director to release the project retention 35 days after the recordation of the Notice of Completion; 6. Authorized the release of the Labor and Materials Bond in the amount of $309,942, six months after recordation of Notice of Completion, if no claims have been received; and 7. Authorized the release of the Faithful Performance Bond one (1) year following recordation of Notice of Completion if the improvements remain free from defects in materials and workmanship.

7. Notice of Completion for Glendora Bus Yard Improvements (Phase 1) Project, Plan No. 1398
The City Council 1. Accept the completion of Glendora Bus Yard Improvements (Phase 1) project, Plan No. 1398 by JBBostick, LLC.; 2. Approve the final contract amount of $135,673; 3.

Authorize the Mayor or his designee to sign and file the Notice of Completion with the County of Los Angeles Registrar-Recorder; 4. Authorize the Public Works Director to release the project retention 35 days after the recordation of the Notice of Completion; 5. Authorize the release of the Labor and Materials Bond in the amount of $128,350, six months after recordation of Notice of Completion, if no claims have been received; and 6. Authorize the release of the Faithful Performance Bond one (1) year following recordation of Notice of Completion if the improvements remain free from defects in materials and workmanship.

MEMBERS AGENDA ITEMS

8. Proposition 50: Authorizes Temporary Changes to Congressional District Maps in Response to Texas' Partisan redistricting. Legislative Constitutional Amendment (Fredendall and Allawos)
Following discussion, Mayor Pro Tem Allawos motioned that the City Council oppose support Proposition 50. The motion failed for lack of a second.

Then, a motion was made by Councilmember Davis, seconded by Councilmember Thompson, that the City Council 1. Receive and file the report on Proposition 50. Motion carried 5-0 as follows: AYES: Davis, Elias, Thompson, Allawos, Fredendall; NOES: None; ABSENT: None; ABSTAIN: None.

UNFINISHED BUSINESS

9. Approval of Amendment No 1 to the Contract Services Agreement between UMS, Inc., a California Corporation (dba “United Maintenance Systems”) and the City of Glendora for Janitorial and Park Litter Services in an Amount Not to Exceed $446,625 for the Period of the Extension
Minutes Tuesday, October 14, 2025 Page 4 of 4
Regular Meeting City Council, Successor Agency and Housing Authority A motion was made by Mayor Pro Tem Allawos, seconded by Councilmember Thompson, that the City Council 1. Approve Amendment No. 1 to the Contract Services Agreement with UMS, Inc. (dba "United Maintenance Systems"), extending the term of the original 2021 Agreement for an additional one-year period in an amount not to exceed $446,625 for the Period of the Extension; and 2. Authorize the City Manager to execute the Amendment. Motion carried 5-0 as follows:

AYES: Davis, Elias, Thompson, Allawos, Fredendall; NOES: None; ABSENT: None; ABSTAIN:

None.

10. Measure A and Local Solutions Fund (LSF) Agreement
A motion was made by Councilmember Thompson seconded by Mayor Pro Tem Allawos, that the City Council 1. Approve Memorandum of Agreement with the San Gabriel Valley Council of Governments (SGVCOG) and the City of Glendora for distribution and use of Measure A Local Solutions Funds; and 2. Approve an increase in estimated revenues and a supplemental appropriation of $180,536 in the FY2025-27 Adopted Two-Year Budget in Measure A (Fund 245). Motion carried 5-0 as follows: AYES: Davis, Elias, Thompson, Allawos, Fredendall; NOES:

None; ABSENT: None; ABSTAIN: None.

NEW BUSINESS

11. Consideration of a Contract Services Agreement with PMAM Corporation for the Management of a False Alarm Program
A motion was made by Mayor Pro Tem Allawos, seconded by Councilmember Thompson, that the City Council 1. Award a contract services agreement to PMAM Corporation to provide for a 17% revenue share for the management of the City's False Alarm Program; and 2. Authorize the City Manager to execute the agreement. Motion carried 5-0 as follows: AYES: Davis, Elias, Thompson, Allawos, Fredendall; NOES: None; ABSENT: None; ABSTAIN: None.

12. Memorandum of Understanding between the City of Glendora and Glendora American Federation of State, County, and Municipal Employees (AFSCME Local 3915) for the three-year term of September 1, 2025, through June 30, 2028 A motion was made by Mayor Pro Tem Allawos, seconded by Councilmember Thompson, that the City Council 1. Adopt Resolution CC 2025-36 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, APPROVING A 2025-2028

MEMORANDUM OF UNDERSTANDING (MOU) WITH THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES;” and 2. Authorize the City Manager to execute the agreement and any and all non-substantive changes to the draft Memorandum of Understanding. Motion carried 5-0 as follows: AYES: Davis, Elias, Thompson, Allawos, Fredendall; NOES: None; ABSENT: None; ABSTAIN: None.

MEMBER/STAFF CLOSING COMMENTS
Councilmember/Commissioner Thompson announced Dodgers won 5-1.

ADJOURNMENT
Meeting adjourned at 8:38 PM.

Kathleen R. Sessman, MMC
City Clerk/Communications Director
Minutes were approved on _________________.

STAFF REPORT
TO: Mayor and Council Members DATE: October 28, 2025
FROM: Finance DISTRICT(S): Citywide
SUBJECT: City of Glendora and Glendora Successor Agency Investment Report for September 2025

RECOMMENDATION
That the City Council and Successor Agency:

1. Receive and file the Monthly Investment Activity Report for September 2025.

STRATEGIC FOCUS AREAS
Goal 2: Maintain Financial Stability and Sustainability (MFSS)

EXECUTIVE SUMMARY
The City’s book value of cash and investments for September 2025 totaled $111,379,787. This is a decrease of $3,339,420 (-2.91%) compared to the previous month. The decrease is due the the City's payment to Main San Gabriel Basin Watermaster for the 2024-2025 production assessment, in the amount of $2,012,381 and Water and Wastewater Revenue Bonds Series 2012A principal and interest payment in the amount of $1,186,756.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Pursuant to Section 19 of the City’s FY 2025-26 Investment Policy, a monthly investment report must be provided to the City Council to provide a clear picture of the status of the current portfolio.

DISCUSSION
As prescribed in the Investment Policy for FY 2025-26, the attached investment reports provides a listing of individual securities held at the end of the reporting period by authorized investment category, the average life and final maturity of all investments listed, coupon rate, discount or earnings rate, Par Value, Market Value and Book Value of each investment in the portfolio, including funds managed for the City by third parties.

In the month of September, there were three investment purchases (consisting of Certificates of Deposit and Limited-Term Government Funds) totaling $490,188; there were seven securities that matured at $5,343,000, resulting in neither a gain nor a loss.

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

ENVIRONMENTAL DETERMINATION
Not Applicable
Prepared By: Natasha Woolford, Assistant Director of Finance Concurs With: Not Applicable
Reviewed By: Natasha Woolford, Assistant Director of Finance Certified to Availability of
Funds: Kyle Johnson, Finance Director/City Treasurer
Approved By: Adam Raymond, City Manager
Legal Review: Not Applicable
CEQA Review: Not Applicable
Attachments
A_September_2025_Investment_Report.pdf
September FY 2024 FY 2025 FY 2026
Interest $149,293 $149,346 $239,574
Average Monthly Yield 1.90% 1.83% 2.66%
Approved By:

Kyle Johnson, Finance Director/City Treasurer
I hereby certify that the investments are in compliance with the investment policy adopted by the City Council. The investment portfolio provides sufficient funds to meet the budgeted expenditures over the next six months.

CITY OF GLENDORA

INVESTMENT REPORT SUMMARY
September 30, 2025
Pursuant to California Government Code Section 53600 et seq. and Section 16 of the City of Glendora’s Investment Policy, a monthly investment report must be provided to the City Council providing a clear picture of the status of the current investment portfolio. Included in the report are several specific items relating to portfolio holdings including, but not limited to, investment type, par value, market value, book value, coupon rate and yield to maturity.

The report is in conformity with the City’s Investment Policy and California Government Code 53601. Per the policy, the report reflects pooled cash from all city funds. It does not reflect any restrictions associated with how each individual fund can be utilized. This information is provided through other financial reports that include the budget, Annual Comprehensive Financial Report and other financial reports available through the website.

The objective of the City investments is to provide safety of principal and liquidity, while then providing a return on investments. (Section 4 of the policy). All brokered transactions are held by a third-party custodian designated by the Treasurer. (Section 14 of the policy). There is currently one custodial account, which is UBS.

Below is a comparison of the average monthly yield and interest received from prior years for the same month, along with a visual graph:

0.00%

0.50%

1.00%

1.50%

2.00%

2.50%

3.00%
$0
$50,000
$100,000
$150,000
$200,000
$250,000
FY 2024 FY 2025 FY 2026
Interest Average Monthly Yield
Financial Advisor

CHEN/GIORDANO/CRAWFORD
213-972-1457
UBS Client Review
As of September 30, 2025
251 South Lake Avenue10th FloorPasadena, CA 911013003Branch office Report Prepared for: City of Glendora* excluded from performance exhibits Type
AccountName
AccountNumberSX XX180 City of Glendora Business Service Account@SX XXX283* CITY OF GL Non UBS Investment Bank of America@SX XXX279* CITY OF GL Non UBS Investment LAIF What's insideAsset Allocation Review. . . . . . . . . . . . . . . . . . . . . . 2Sources of Portfolio Value. . . . . . . . . . . . . . . . . . . . 3Bond Summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4Portfolio Holdings. . . . . . . . . . . . . . . . . . . . . . . . . . 5Bond Holdings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17Important Information About This Report. . . . . . . . 29

Consolidated report prepared for City of Glendora
Asset Allocation Reviewas of September 30, 2025
Summary of Asset Allocation
Market
value ($)
% of
Portfolio
Cash 33,317,767.44 29.82
Cash 33,317,767.44 29.82 US 33,317,767.44 29.82
Fixed Income 78,398,856.66 70.18
US 78,398,856.66 70.18 US Fixed Income 12,672,120.11 11.34 Government 42,749,631.69 38.27 Corporate IG Credit 22,977,104.86 20.57 Equity 0.00 0.00Commodities 0.00 0.00Non-Traditional 0.00 0.00Other 0.00 0.00Total Portfolio $111,716,624.10 100%Balanced mutual funds and Insurance & Annuity products are allocated in the 'Other' category Cash 29.82%US Fixed Income 70.18%
Total Value: $111,716,624.10
Assets held at other financial institutions are included in this report. We have not verified, and are not responsible for, the accuracy or completeness of this information.Accrued interest, if any, has been included in the total market value.Report created on: October 01, 2025 Page 2 of 35 Consolidated report prepared for City of Glendora
Sources of Portfolio Valueas of September 30, 2025
Market Value Net amount you invested (net of fees)
02/22 12/22 12/23 12/24 09/25
5075
100125150
$ Millions
MTD
08/31/2025 to
09/30/2025
QTD
06/30/2025 to
09/30/2025
ITD
02/23/2022 to
09/30/2025
YTD
12/31/2024 to
09/30/2025
Opening value 104,823,817.05 105,122,633.07 103,422,623.88 40,589,214.16Net deposits/withdrawals -4,656,270.77 -5,857,451.45 -6,759,555.93 50,688,647.64Div./interest income 266,416.23 613,561.04 1,751,642.00 7,014,383.41Change in accr. interest -38,163.54 125,410.18 102,188.77 386,394.13Change in value 168,843.20 560,489.33 2,047,743.45 1,886,002.82Closing value 100,564,642.17 100,564,642.17 100,564,642.17 100,564,642.17Net Time-weighted ROR 0.38 1.25 3.80 2.26Performance returns are annualized after 1 year. Net deposits and withdrawals include program and account fees.Benchmarks - Annualized time-weighted returnsUS Treasury Bill - 3 Mos 0.34 1.10 3.25 4.22BofA Corp/Gov 1-5Y 0.31 1.29 4.87 2.69BBG Agg Bond 1.09 2.03 6.13 0.81Past performance does not guarantee future results and current performance may be lower/higher than past data presented.Report created on: October 01, 2025 Page 3 of 35 Consolidated report prepared for City of Glendora
Bond Summaryas of September 30, 2025Bond OverviewTotal quantity 78,721,000Total market value $77,945,195.03Total accrued interest $453,661.63Total market value plus accrued interest $78,398,856.66Total estimated annual bond interest $1,993,081.75Average yield to maturityAverage coupon 2.55%

3.99%2.56%3.88%
Average current yieldAverage yield to worstAverage modified duration 1.79Average effective maturity 2.16 Investment Type AllocationInvestment type Taxable ($) Total ($) Tax-exempt /
deferred ($)
% of
bond
port.

Certificates of deposit 12,672,120.11 0.00 12,672,120.11 16.16U.S. corporates 22,977,104.86 0.00 22,977,104.86 29.31U.S. federal agencies 35,141,203.74 0.00 35,141,203.74 44.82U.S. treasuries 7,608,427.95 0.00 7,608,427.95 9.70Total $78,398,856.66 $0.00 $78,398,856.66 100% Credit Quality of Bond HoldingsA Aaa/AAA/AAA 1 1,992,390.00 2.55B Aa/AA/AA 31 45,727,767.49 58.28C A/A/A 15 17,506,970.44 22.33D Baa/BBB/BBB 0 0.00 0.00E Non-investment grade 0 0.00 0.00F Certificate of deposit 52 12,672,120.11 16.21G Not rated 1 499,608.61 0.64Total 100 $78,398,856.66 100%Effective credit rating % of
port.

Value on
Issues 09/30/2025 ($)
Bond Maturity Schedule
Effective maturity schedule
2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2036 + Other 05 1015202530

8.6%

34.5%

12.7%

4.7%

27.7%

11.6%

0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%
Cash, mutual funds and some preferred securities are not included.$ Millions Includes all fixed income securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Accrued interest, if any, has been included in the total market value.Report created on: October 01, 2025 Page 4 of 35 Consolidated report prepared for City of Glendora
Portfolio Holdingsas of September 30, 2025Summary of Portfolio Holdings Unrealized
Cost basis ($) gain/loss (%)
Est. annual
income ($)
Unrealized
gain/loss ($)
Value on
09/30/2025 ($)
Current
yield (%)
% of
portfolio
A Cash 33,317,767 33,317,767 0 0.00% 820,888 2.46% 29.82% Cash 33,317,767 33,317,767 0 0.00% 820,888 2.46% 29.82% US 33,317,767 33,317,767 0 0.00% 820,888 2.46% 29.82%
B Fixed Income 78,062,020 78,398,857 336,837 0.43% 1,993,082 2.54% 70.18% US 78,062,020 78,398,857 336,837 0.43% 1,993,082 2.54% 70.18% US Fixed Income 12,658,014 12,672,120 14,106 0.11% 418,292 3.30% 11.34% Government 42,605,785 42,749,632 143,847 0.34% 971,755 2.27% 38.27% Corporate IG Credit 22,798,222 22,977,105 178,883 0.78% 603,035 2.62% 20.57% C Equity 0 0 0 0.00% NA NA 0.00%D Commodities 0 0 0 0.00% NA NA 0.00%E Non-Traditional 0 0 0 0.00% NA NA 0.00%F Other 0 0 0 0.00% NA NA 0.00%Total Portfolio $111,379,787 $111,716,624 $336,837 0.30% $2,813,970 2.52% 100% Balanced mutual funds and Insurance & Annuity products are allocated in the 'Other' category B
A
Accrued interest, if any, has been included in the total market value.Report created on: October 01, 2025 Page 5 of 35 Consolidated report prepared for City of Glendora
Portfolio Holdingsas of September 30, 2025 (continued)
Details of Portfolio Holdings
% of
asset
class
Est. annual
Cost basis ($) income ($)
Unrealized
gain/loss
(%)
Unrealized
Market value ($) gain/loss ($)
Current
yield (%)
Total Portfolio $111,379,787 $111,716,624 $336,837 0.30% $2,813,970 2.52% 100% 100% % of
portfolio
Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) / Cash Avg Price Market value ($)
Price on
09/30/2025
($)
% of
Cash
% of
portfolio
Cash
US
Outside ASSET(1) 1.00 7,333,058.99 7,333,058.99 0.00 0.00% NA NA 22.01% 6.56%[Outside Account @SXXXX279]

1.00 Outside ASSET(1) 1.00 3,818,922.94 3,818,922.94 0.00 0.00% NA NA 11.46% 3.42%[Outside Account @SXXXX283]

1.00 UBS INSURED SWEEP 2,070,805.82 1.00 2,070,805.82 2,070,805.82 0.00 0.00% 3,106.21 0.15% 1.85%PROGRAM

1.00 6.22%
19,994,662.5 1.00 817,781.70
2 UBS SELECT TREASURY 19,994,662.52 19,994,662.52 0.00 0.00% 4.09% 17.90%INSTITUTIONAL FUND

1.00 60.01%
USD CASH 100,317.17 1.00 1.00 100,317.17 100,317.17 0.00 0.00% NA NA 0.30% 0.09% Total US $33,317,767 $33,317,767 $0 0.00% $820,888 2.46% 100% 29.82% Total Cash $33,317,767 $33,317,767 $0 0.00% $820,888 2.46% 100% 29.82% Total Cash $33,317,767 $33,317,767 $0 0.00% $820,888 2.46% 100% 29.82%(1)Assets held at other financial institutions are included in this report. We have not verified, and are not responsible for, the accuracy or completeness of this information.Accrued interest, if any, has been included in the total market value.Report created on: October 01, 2025 Page 6 of 35 Consolidated report prepared for City of Glendora
Portfolio Holdingsas of September 30, 2025 (continued)
Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
as of
Fixed Income 09/30/2025
Price on
09/30/2025
($)
% of
Fixed
Income
% of
portfolio
US
US Fixed Income
AFFINITY PLUS MN US RT 245,000.00 100.00 245,000.00 246,652.17 0.00 1,652.17 0.67% 12,372.50 5.02% 0.22%05.0500% MAT 03/20/26LICU SHARE CERTIFICATE 100.54 0.31%
ALLY BK UT US RT 245,000.00 100.00 245,000.00 246,609.15 0.00 1,609.15 0.66% 8,697.50 3.53% 0.22%03.5500% MAT 06/30/26FIXED RATE CD

99.76 0.31%
AMER EXPRESS NATL UT US 245,000.00 98.05 240,222.50 243,756.17 0.00 3,533.67 1.47% 8,820.00 3.62% 0.22%RT 03.6000% MAT 09/25/29FIXED RATE CD

99.44 0.31%
AMER NATL BK OMA NE US 245,000.00 100.00 245,000.00 245,668.35 0.00 668.35 0.27% 10,412.50 4.24% 0.22%RT 04.2500% MAT 03/21/28FIXED RATE CD 100.17 0.31%
ARBOR FINL CREDIT MI US 245,000.00 100.00 245,000.00 247,273.26 0.00 2,273.26 0.93% 12,250.00 4.95% 0.22%RT 05.0000% MAT 04/03/28FIXED RATE CD 100.56 0.32%
BANKUNITED NA FLOR FL US 245,000.00 100.00 245,000.00 241,452.40 0.00 -3,547.60 -1.45% 2,327.50 0.96% 0.22%RT 00.9500% MAT 03/31/26FIXED RATE CD

98.55 0.31%
BK HAPOALIM BM NY US RT 245,000.00 100.00 245,000.00 243,512.72 0.00 -1,487.28 -0.61% 1,225.00 0.50% 0.22%00.5000% MAT 12/15/25FIXED RATE CD

99.25 0.31%
BMO HARRIS BK NA IL US RT 245,000.00 100.00 245,000.00 241,533.99 0.00 -3,466.01 -1.41% 1,960.00 0.81% 0.22%00.8000% MAT 03/18/26FIXED RATE CD

98.56 0.31%
BRIGHTSTAR CR UN FL US 245,000.00 100.00 245,000.00 246,312.83 0.00 1,312.83 0.54% 9,555.00 3.88% 0.22%RT 03.9000% MAT 08/20/27LICU SHARE CERTIFICATE 100.43 0.31%
CAPITAL ONE BK USA VA US 245,000.00 100.00 245,000.00 238,812.37 0.00 -6,187.63 -2.53% 2,817.50 1.18% 0.21%RT 01.1500% MAT 11/24/26FIXED RATE CD

97.07 0.30%
CAPITAL ONE NA VA US RT 245,000.00 100.00 245,000.00 238,812.37 0.00 -6,187.63 -2.53% 2,817.50 1.18% 0.21%01.1500% MAT 11/24/26FIXED RATE CD

97.07 0.30%
CELTIC BK UT US RT 245,000.00 98.17 240,525.91 243,995.50 0.00 3,469.59 1.44% 8,942.50 3.67% 0.22%03.6500% MAT 04/29/30FIXED RATE CD

99.58 0.31%
(1)Assets held at other financial institutions are included in this report. We have not verified, and are not responsible for, the accuracy or completeness of this information.Accrued interest, if any, has been included in the total market value.Report created on: October 01, 2025 Page 7 of 35 Consolidated report prepared for City of Glendora
Portfolio Holdingsas of September 30, 2025 (continued)
Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
as of
Fixed Income 09/30/2025
Price on
09/30/2025
($)
% of
Fixed
Income
% of
portfolio
US
US Fixed Income
CENTRAL BK AR US RT 245,000.00 100.00 245,000.00 245,484.06 0.00 484.06 0.20% 10,290.00 4.19% 0.22%04.2000% MAT 08/19/30FIXED RATE CD 100.07 0.31%
CFG COMMUNITY BANK 245,000.00 100.00 245,000.00 246,123.44 0.00 1,123.44 0.46% 9,310.00 3.78% 0.22%MD US RT 03.8000% MAT03/11/26 FIXED RATE CD

99.94 0.31%
CIBC BANK ILLINOIS IL US RT 245,000.00 100.00 245,000.00 246,460.67 0.00 1,460.67 0.60% 12,250.00 4.97% 0.22%05.0000% MAT 03/24/26FIXED RATE CD 100.51 0.31%
COMENITY BANK DE US RT 200,000.00 100.00 200,000.00 200,316.44 0.00 316.44 0.16% 7,700.00 3.84% 0.18%03.8500% MAT 09/15/27JUMBO CD - HELD AT UBS 100.00 0.26%
CONNEXUS CREDIT UN WI 245,000.00 100.00 245,000.00 247,273.33 0.00 2,273.33 0.93% 9,800.00 3.96% 0.22%US RT 04.0000% MAT09/03/27 LICU SHARECERTIFICATE 100.63 0.32%
CY-FAIR FED CREDIT TX US 245,000.00 100.00 245,000.00 246,583.51 0.00 1,583.51 0.65% 12,985.00 5.27% 0.22%RT 05.3000% MAT 07/14/28FIXED RATE CD 100.41 0.31%
DISCOVER BANK DE US RT 245,000.00 100.00 245,000.00 245,744.70 0.00 744.70 0.30% 7,840.00 3.19% 0.22%03.2000% MAT 05/24/27FIXED RATE CD

99.17 0.31%
DIVERSIFIED MEMBER MI US 245,000.00 100.00 245,000.00 245,085.75 0.00 85.75 0.03% 10,535.00 4.30% 0.22%RT 04.3000% MAT 04/28/28LICU SHARE CERTIFICATE 100.04 0.31%
EAGLEMARK SVGS BK NV 245,000.00 100.13 245,323.56 239,544.89 -779.56 -5,778.67 -2.36% 4,900.00 2.05% 0.21%US RT 02.0000% MAT03/02/27 FIXED RATE CD

97.62 0.31%
EATON CMNTY BK MI US RT 245,000.00 99.90 244,755.00 246,071.62 0.00 1,316.62 0.54% 12,495.00 5.08% 0.22%05.1000% MAT 03/08/29FIXED RATE CD 100.13 0.31%
ESSENTIAL FED CRED LA US 245,000.00 100.00 245,000.00 249,572.07 0.00 4,572.07 1.87% 11,515.00 4.61% 0.22%RT 04.7000% MAT 06/15/27LICU SHARE CERTIFICATE 101.67 0.32%
(1)Assets held at other financial institutions are included in this report. We have not verified, and are not responsible for, the accuracy or completeness of this information.Accrued interest, if any, has been included in the total market value.Report created on: October 01, 2025 Page 8 of 35 Consolidated report prepared for City of Glendora
Portfolio Holdingsas of September 30, 2025 (continued)
Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
as of
Fixed Income 09/30/2025
Price on
09/30/2025
($)
% of
Fixed
Income
% of
portfolio
US
US Fixed Income
FARMERS & MERCHANT WI 245,000.00 100.00 245,000.00 246,636.97 0.00 1,636.97 0.67% 9,432.50 3.82% 0.22%US RT 03.8500% MAT11/08/27 FIXED RATE CD 100.42 0.31%
FIRST FED SVGS BK IN US RT 245,000.00 100.00 245,000.00 245,770.84 0.00 770.84 0.31% 10,290.00 4.19% 0.22%04.2000% MAT 07/11/28FIXED RATE CD 100.10 0.31%
FIRST GTY BK HAMMO LA 219,000.00 100.00 219,000.00 222,836.70 0.00 3,836.70 1.75% 9,526.50 4.28% 0.20%US RT 04.3500% MAT11/06/28 FIXED RATE CD 100.00 0.28%
GOLDMAN SACHS BANK NY 245,000.00 100.00 245,000.00 247,355.69 0.00 2,355.69 0.96% 9,800.00 3.96% 0.22%US RT 04.0000% MAT03/20/28 FIXED RATE CD 100.83 0.32%
GREAT STHN BK MO US RT 245,000.00 100.00 245,000.00 245,348.60 0.00 348.60 0.14% 11,025.00 4.49% 0.22%04.5000% MAT 10/20/25FIXED RATE CD 100.02 0.31%
GREENSTATE CREDIT IA US 245,000.00 100.00 245,000.00 241,335.97 0.00 -3,664.03 -1.50% 2,327.50 0.96% 0.22%RT 00.9500% MAT 04/16/26FIXED RATE CD

98.43 0.31%
GUARANTY BK MO US RT 245,000.00 99.49 243,750.40 246,375.42 0.00 2,625.02 1.08% 9,310.00 3.78% 0.22%03.8000% MAT 01/12/29FIXED RATE CD 100.37 0.31%
LAFAYETTE FED CRED MD 245,000.00 100.00 245,000.00 243,553.43 0.00 -1,446.57 -0.59% 7,962.50 3.27% 0.22%US RT 03.2500% MAT06/15/27 LICU SHARECERTIFICATE

99.28 0.31%
LIVE OAK BKG CO NC US RT 245,000.00 100.00 245,000.00 238,878.83 0.00 -6,121.17 -2.50% 1,960.00 0.82% 0.21%00.8000% MAT 08/13/26FIXED RATE CD

97.44 0.30%
METRO CREDIT UNION MA 245,000.00 100.00 245,000.00 238,608.12 0.00 -6,391.88 -2.61% 4,165.00 1.75% 0.21%US RT 01.7000% MAT02/18/27 LICU SHARECERTIFICATE

97.26 0.30%
MORGAN STANLEY BK UT 245,000.00 100.00 245,000.00 246,754.17 0.00 1,754.17 0.72% 10,412.50 4.22% 0.22%US RT 04.2500% MAT02/02/26 FIXED RATE CD 100.03 0.31%
(1)Assets held at other financial institutions are included in this report. We have not verified, and are not responsible for, the accuracy or completeness of this information.Accrued interest, if any, has been included in the total market value.Report created on: October 01, 2025 Page 9 of 35 Consolidated report prepared for City of Glendora
Portfolio Holdingsas of September 30, 2025 (continued)
Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
as of
Fixed Income 09/30/2025
Price on
09/30/2025
($)
% of
Fixed
Income
% of
portfolio
US
US Fixed Income
MORGAN STANLEY PRI NY 245,000.00 100.00 245,000.00 245,665.63 0.00 665.63 0.27% 9,800.00 3.99% 0.22%US RT 04.0000% MAT08/29/30 FIXED RATE CD

99.92 0.31%
NEW ORLEANS FIREME LA 245,000.00 100.00 245,000.00 254,219.55 0.00 9,219.55 3.76% 12,250.00 4.82% 0.23%US RT 05.0000% MAT07/17/28 FIXED RATE CD 103.59 0.32%
NEW YORK CMNTY BK NY 245,000.00 100.00 245,000.00 239,772.77 0.00 -5,227.23 -2.13% 1,715.00 0.72% 0.21%US RT 00.7000% MAT07/01/26 FIXED RATE CD

97.69 0.31%
PENTAGON FED CREDI VA 245,000.00 100.00 245,000.00 238,441.08 0.00 -6,558.92 -2.68% 4,165.00 1.75% 0.21%US RT 01.7000% MAT02/18/27 CREDIT UNIONSHARE CERT

97.27 0.30%
SALLIE MAE BANK UT US RT 245,000.00 99.80 244,510.00 251,266.26 0.00 6,756.26 2.76% 9,922.50 3.95% 0.22%04.0500% MAT 11/21/29FIXED RATE CD 101.09 0.32%
STATE BANK OF INDI NY US 245,000.00 100.00 245,000.00 241,509.56 0.00 -3,490.44 -1.42% 2,205.00 0.91% 0.22%RT 00.9000% MAT 03/25/26FIXED RATE CD

98.56 0.31%
STATE BK IL US RT 245,000.00 100.00 245,000.00 251,645.81 0.00 6,645.81 2.71% 10,045.00 3.99% 0.23%04.1000% MAT 11/26/29FIXED RATE CD 101.29 0.32%
TAB BANK INC UT US RT 245,000.00 100.00 245,000.00 245,992.65 0.00 992.65 0.41% 9,310.00 3.78% 0.22%03.8000% MAT 08/13/27FIXED RATE CD 100.25 0.31%
TECHNOLOGY CREDIT CA 245,000.00 100.00 245,000.00 247,279.14 0.00 2,279.14 0.93% 12,250.00 4.95% 0.22%US RT 05.0000% MAT03/23/26 CREDIT UNIONSHARE CERT 100.53 0.32%
TEXAS EXCHANGE BK TX US 245,000.00 100.00 245,000.00 244,445.09 0.00 -554.91 -0.23% 1,470.00 0.60% 0.22%RT 00.6000% MAT 10/23/25FIXED RATE CD

99.76 0.31%
TOYOTA FINL SVG BK NV US 245,000.00 100.00 245,000.00 241,957.07 0.00 -3,042.93 -1.24% 2,205.00 0.91% 0.22%RT 00.9000% MAT 04/22/26FIXED RATE CD

98.36 0.31%
(1)Assets held at other financial institutions are included in this report. We have not verified, and are not responsible for, the accuracy or completeness of this information.Accrued interest, if any, has been included in the total market value.Report created on: October 01, 2025 Page 10 of 35 Consolidated report prepared for City of Glendora
Portfolio Holdingsas of September 30, 2025 (continued)
Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
as of
Fixed Income 09/30/2025
Price on
09/30/2025
($)
% of
Fixed
Income
% of
portfolio
US
US Fixed Income
TRUIST BK NC US RT 245,000.00 100.00 245,000.00 248,452.59 0.00 3,452.59 1.41% 10,902.50 4.39% 0.22%04.4500% MAT 06/27/30FIXED RATE CD 100.25 0.32%
TRUXTON TR CO NASH TN 245,000.00 99.98 244,938.75 245,202.04 0.00 263.29 0.11% 10,045.00 4.10% 0.22%US RT 04.1000% MAT02/27/30 FIXED RATE CD 100.06 0.31%
UBS BANK UT US RT 245,000.00 100.00 245,000.00 239,956.93 0.00 -5,043.07 -2.06% 2,082.50 0.87% 0.21%00.8500% MAT 06/16/26FIXED RATE CD

97.91 0.31%
USF FED CREDIT UNI FL US 245,000.00 100.00 245,000.00 247,268.36 0.00 2,268.36 0.93% 9,555.00 3.86% 0.22%RT 03.9000% MAT 05/01/28LICU SHARE CERTIFICATE 100.62 0.32%
VALLEYSTAR CR UN M VA 245,000.00 100.00 245,000.00 246,592.47 0.00 1,592.47 0.65% 12,250.00 4.97% 0.22%US RT 05.0000% MAT03/20/26 LICU SHARECERTIFICATE 100.51 0.31%
WELLS FARGO BK NA SD US 245,000.00 100.00 244,987.75 248,855.29 0.00 3,867.54 1.58% 10,045.00 4.04% 0.22%RT 04.1000% MAT 02/06/29FIXED RATE CD 101.30 0.32%
WORKERS CREDIT UNI MA 245,000.00 100.00 245,000.00 247,491.31 0.00 2,491.31 1.02% 10,045.00 4.06% 0.22%US RT 04.1000% MAT11/22/27 LICU SHARECERTIFICATE 100.93 0.32%
Total US Fixed Income $12,658,014 $12,672,120 -$779.56 $14,106 0.11% $418,292 3.30% 16.16% 11.34%Government FARMER MAC MED TERM 500,000.00 100.00 500,005.16 499,608.61 -0.09 -396.55 -0.08% 21,650.00 4.33% 0.45%NTS 04.330 % DUE 090429DTD 090425 FC 03042026

99.61 0.64%
FEDERAL HOME LN BANK 1,000,000.00 100.00 1,000,004.58 1,004,257.50 -0.68 4,252.92 0.43% 41,750.00 4.16% 0.90%NTS 04.175 % DUE 031229DTD 031225 FC 09122025 100.22 1.28%
FFCB BOND 00.600 % DUE 2,000,000.00 100.00 2,000,000.00 1,993,820.00 0.00 -6,180.00 -0.31% 12,000.00 0.60% 1.78%112425 DTD 112420 FC05242021

99.48 2.54%
(1)Assets held at other financial institutions are included in this report. We have not verified, and are not responsible for, the accuracy or completeness of this information.Accrued interest, if any, has been included in the total market value.Report created on: October 01, 2025 Page 11 of 35 Consolidated report prepared for City of Glendora
Portfolio Holdingsas of September 30, 2025 (continued)
Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
as of
Fixed Income 09/30/2025
Price on
09/30/2025
($)
% of
Fixed
Income
% of
portfolio
US
Government
FFCB BOND 01.840 % DUE 2,000,000.00 100.00 2,000,000.00 1,958,962.22 0.00 -41,037.78 -2.05% 36,800.00 1.88% 1.75%012627 DTD 012622 FC07262022

97.62 2.50%
FFCB BOND 04.000 % DUE 1,000,000.00 100.14 1,001,350.85 1,029,508.89 -124.69 28,158.04 2.81% 40,000.00 3.89% 0.92%040130 DTD 040125 FC10012025 100.96 1.31%
FFCB BOND 04.090 % DUE 2,000,000.00 99.95 1,999,005.25 2,030,274.44 0.00 31,269.19 1.56% 81,800.00 4.03% 1.82%071629 DTD 071625 FC01162026 100.67 2.59%
FFCB BOND 04.520 % DUE 1,000,000.00 100.00 1,000,005.01 1,021,115.56 -0.24 21,110.55 2.11% 45,200.00 4.43% 0.91%051430 DTD 051425 FC11142025 100.40 1.30%
FFCB NTS 00.940 % DUE 2,000,000.00 100.00 2,000,000.00 1,947,944.44 0.00 -52,055.56 -2.60% 18,800.00 0.97% 1.74%092826 DTD 092821 FC03282022

97.39 2.48%
FHLB BOND 01.050 % DUE 1,000,000.00 96.84 968,385.25 978,830.83 0.00 10,445.58 1.08% 10,500.00 1.07% 0.88%081326 DTD 081321 FC02132022

97.75 1.25%
FHLB BOND 01.780 % DUE 2,000,000.00 100.00 2,000,000.00 1,954,184.44 0.00 -45,815.56 -2.29% 35,600.00 1.82% 1.75%021027 DTD 021022 FC08102022

97.46 2.49%
FHLB BOND 02.010 % DUE 3,215,000.00 95.65 3,075,098.40 3,147,369.80 0.00 72,271.40 2.35% 64,621.50 2.05% 2.82%022527 DTD 022522 FC08252022

97.70 4.01%
FHLB BOND STEP-UP 2,000,000.00 100.00 2,000,000.00 1,991,680.00 0.00 -8,320.00 -0.42% 30,000.00 1.51% 1.78%1.5000% DUE 063026 DTD063021 FC 12302021

99.21 2.54%
FHLB NTS 1.0500% DUE 2,000,000.00 100.00 2,000,000.00 1,972,280.00 0.00 -27,720.00 -1.39% 21,000.00 1.06% 1.77%033026 DTD 033021 FC09302021

98.61 2.52%
FHLB NTS 1.1500% DUE 2,000,000.00 100.00 2,000,000.00 1,952,512.22 0.00 -47,487.78 -2.37% 23,000.00 1.18% 1.75%082626 DTD 082621 FC02262022

97.52 2.49%
FHLB NTS 1.5000% DUE 2,000,000.00 100.00 2,000,000.00 1,974,280.00 0.00 -25,720.00 -1.29% 30,000.00 1.52% 1.77%063026 DTD 063021 FC12302021

98.34 2.52%
(1)Assets held at other financial institutions are included in this report. We have not verified, and are not responsible for, the accuracy or completeness of this information.Accrued interest, if any, has been included in the total market value.Report created on: October 01, 2025 Page 12 of 35 Consolidated report prepared for City of Glendora
Portfolio Holdingsas of September 30, 2025 (continued)
Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
as of
Fixed Income 09/30/2025
Price on
09/30/2025
($)
% of
Fixed
Income
% of
portfolio
US
Government
FHLB NTS 04.500 % DUE 1,000,000.00 100.00 1,000,005.03 1,013,645.00 -0.22 13,639.97 1.36% 45,000.00 4.44% 0.91%011730 DTD 071725 FC01172026 100.45 1.29%
FHLMC NTS 04.000 % DUE 650,000.00 99.75 648,380.25 660,430.33 0.00 12,050.08 1.86% 26,000.00 3.94% 0.59%043029 DTD 043025 FC10302025

99.94 0.84%
FNMA NTS 00.540 % DUE 2,000,000.00 100.00 2,000,000.00 1,999,330.00 0.00 -670.00 -0.03% 10,800.00 0.54% 1.79%102725 DTD 102720 FC04272021

99.74 2.55%
FNMA NTS 00.560 % DUE 2,000,000.00 100.00 2,000,000.00 1,995,077.78 0.00 -4,922.22 -0.25% 11,200.00 0.56% 1.79%111725 DTD 111720 FC05172021

99.55 2.54%
FNMA NTS 04.300 % DUE 1,000,000.00 100.00 1,000,004.72 1,009,465.56 -0.53 9,460.84 0.95% 43,000.00 4.26% 0.90%030430 DTD 031225 FC09042025 100.64 1.29%
FNMA NTS 05.050 % DUE 1,000,000.00 100.00 1,000,000.00 1,014,236.11 0.00 14,236.11 1.42% 50,500.00 4.98% 0.91%062629 DTD 062824 FC12262024 100.11 1.29%
INTL FIN CORP NTS 00.500 2,000,000.00 100.00 2,000,000.00 1,992,390.00 0.00 -7,610.00 -0.38% 10,000.00 0.50% 1.78%% DUE 051526 DTD 052821FC 11152021

99.43 2.54%
US TSY NOTE 01.125 % DUE 1,000,000.00 98.21 982,052.13 977,407.31 0.00 -4,644.82 -0.47% 11,250.00 1.15% 0.87%10/31/26 DTD 10/31/21 FC04/30/22

97.27 1.25%
US TSY NOTE 03.500 % DUE 1,000,000.00 98.47 984,716.19 993,130.00 0.00 8,413.81 0.85% 35,000.00 3.52% 0.89%09/30/29 DTD 09/30/24 FC03/31/25

99.31 1.27%
US TSY NOTE 03.750 % DUE 1,000,000.00 98.65 986,458.38 1,013,440.00 0.00 26,981.62 2.74% 37,500.00 3.70% 0.91%05/31/30 DTD 05/31/23 FC11/30/23 100.09 1.29%
US TSY NOTE 03.875 % DUE 1,500,000.00 99.38 1,490,677.13 1,529,335.00 0.00 38,657.87 2.59% 58,125.00 3.80% 1.37%11/30/29 DTD 11/30/22 FC05/31/23 100.66 1.95%
US TSY NOTE 03.875 % DUE 1,017,000.00 97.76 994,218.09 1,033,605.07 0.00 39,386.98 3.96% 39,408.75 3.81% 0.93%12/31/29 DTD 12/31/22 FC06/30/23 100.66 1.32%
(1)Assets held at other financial institutions are included in this report. We have not verified, and are not responsible for, the accuracy or completeness of this information.Accrued interest, if any, has been included in the total market value.Report created on: October 01, 2025 Page 13 of 35 Consolidated report prepared for City of Glendora
Portfolio Holdingsas of September 30, 2025 (continued)
Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
as of
Fixed Income 09/30/2025
Price on
09/30/2025
($)
% of
Fixed
Income
% of
portfolio
US
Government
US TSY NOTE 04.000 % DUE 1,000,000.00 99.16 991,647.22 1,028,190.44 0.00 36,543.22 3.69% 40,000.00 3.89% 0.92%10/31/29 DTD 10/31/22 FC04/30/23 101.16 1.31%
US TSY NOTE 04.125 % DUE 1,000,000.00 98.38 983,770.88 1,033,320.14 0.00 49,549.26 5.04% 41,250.00 3.99% 0.92%10/31/29 DTD 10/31/24 FC04/30/25 101.62 1.32%
Total Government $42,605,785 $42,749,632 -$126.45 $143,847 0.34% $971,755 2.27% 54.53% 38.27%Corporate IG Credit ACCENTURE CAPITAL INC 3,000,000.00 99.12 2,973,745.75 3,057,690.00 0.00 83,944.25 2.82% 121,500.00 3.97% 2.74%04.050% 100429DTD100424 FC040425CALL@MW+10BP

99.94 3.90%
AMAZON.COM INC B/E 1,000,000.00 88.91 889,135.25 900,695.00 0.00 11,559.75 1.30% 15,000.00 1.67% 0.81%01.500% 060330DTD060320CALL@MW+15BP

89.58 1.15%
AMEREN ILL CO NTS B/E 1,500,000.00 99.67 1,494,995.25 1,516,065.00 0.00 21,069.75 1.41% 57,000.00 3.76% 1.36%03.800% 051528DTD052218 FC111518CALL@MW+15BP

99.65 1.93%
CHARLES SCHWAB CORP 470,000.00 94.17 442,604.25 461,989.11 0.00 19,384.86 4.38% 15,275.00 3.31% 0.41%B/E 03.250% 052229DTD052219 FC112219

97.14 0.59%
CHARLES SCHWAB CORP 2,000,000.00 99.49 1,989,860.00 1,972,870.00 0.00 -16,990.00 -0.85% 18,000.00 0.91% 1.77%NTS 00.900% 031126DTD121120 FC031121CALL@MW+10BP

98.60 2.52%
DTE ELEC CO B/E 02.250% 1,000,000.00 91.95 919,485.25 924,712.50 0.00 5,227.25 0.57% 22,500.00 2.43% 0.83%030130 DTD022620CALL@MW+15BP

92.29 1.18%
JOHN DEERE CPTL CORP 2,000,000.00 100.01 2,000,232.15 1,982,696.67 -3,670.06 -17,535.48 -0.88% 14,000.00 0.71% 1.77%00.700% 011526DTD010721 FC071521 MEDTERM NTS

98.99 2.53%
(1)Assets held at other financial institutions are included in this report. We have not verified, and are not responsible for, the accuracy or completeness of this information.Accrued interest, if any, has been included in the total market value.Report created on: October 01, 2025 Page 14 of 35 Consolidated report prepared for City of Glendora
Portfolio Holdingsas of September 30, 2025 (continued)
Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
as of
Fixed Income 09/30/2025
Price on
09/30/2025
($)
% of
Fixed
Income
% of
portfolio
US
Corporate IG Credit
JOHN DEERE CPTL CORP 1,000,000.00 97.50 975,045.25 992,565.00 0.00 17,519.75 1.80% 33,500.00 3.38% 0.89%03.350% 041829DTD041822 FC101822 MEDTERM NTS

97.75 1.27%
JPMORGAN CHASE & CO 1,200,000.00 100.00 1,200,000.00 1,181,862.67 0.00 -18,137.33 -1.51% 9,600.00 0.81% 1.06%00.800% 022626DTD022621 FC082621 MEDTERM NTS

98.41 1.51%
JPMORGAN CHASE & CO 500,000.00 99.92 499,615.25 516,968.94 0.00 17,353.69 3.47% 25,060.00 4.85% 0.46%NTS 05.012% 012330DTD012324 FC072324CALL@MW+20BP 102.46 0.66%
MORGAN STANLEY FIN LLC 2,000,000.00 100.00 2,000,000.00 1,949,945.00 0.00 -50,055.00 -2.50% 21,000.00 1.08% 1.75%01.050% 082726DTD082721 FC022722 MEDTERM NTS

97.40 2.49%
ONCOR ELEC DELIVERY CO 500,000.00 100.11 500,555.78 517,712.92 -69.81 17,157.14 3.43% 23,250.00 4.49% 0.46%04.650% 110129DTD111324 FC050125CALL@MW+10BP 101.62 0.66%
PACIFICORP B/E 03.500% 1,000,000.00 97.14 971,415.25 982,018.33 0.00 10,603.08 1.09% 35,000.00 3.56% 0.88%061529 DTD030119FC061519 CALL@MW+15BP

97.18 1.25%
SOUTHERN CALIF GAS CO 500,000.00 92.98 464,875.25 469,149.58 0.00 4,274.33 0.92% 12,750.00 2.72% 0.42%02.550% 020130DTD010920CALL@MW+15BP

93.41 0.60%
ST STREET BK & TR CO NTS 1,000,000.00 99.84 998,380.50 1,042,599.83 0.00 44,219.33 4.43% 47,820.00 4.59% 0.93%04.782% 112329DTD112524 FC052325 B/E 102.57 1.33%
TOYOTA MOTOR CREDIT 500,000.00 99.82 499,085.25 511,849.31 0.00 12,764.06 2.56% 22,250.00 4.35% 0.46%CORP 04.450% 062929DTD063022 FC122922CALL@MW+20BP 101.25 0.65%
(1)Assets held at other financial institutions are included in this report. We have not verified, and are not responsible for, the accuracy or completeness of this information.Accrued interest, if any, has been included in the total market value.Report created on: October 01, 2025 Page 15 of 35 Consolidated report prepared for City of Glendora
Portfolio Holdingsas of September 30, 2025 (continued)
Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
as of
Fixed Income 09/30/2025
Price on
09/30/2025
($)
% of
Fixed
Income
% of
portfolio
US
Corporate IG Credit
UNITED HEALTH GROUP INC 2,000,000.00 100.03 2,000,610.45 1,972,605.00 -4,152.25 -28,005.45 -1.40% 23,000.00 1.17% 1.77%01.150% 051526DTD051921 FC111521CALL@MW+07.50BP

98.20 2.52%
UNITED HEALTH GROUP INC 1,000,000.00 98.46 984,595.25 1,012,000.00 0.00 27,404.75 2.78% 40,000.00 3.95% 0.91%04.000% 051529DTD052022 FC111522CALL@MW+20BP

99.70 1.29%
US BANCORP NTS B/E 1,000,000.00 99.40 993,985.50 1,011,110.00 0.00 17,124.50 1.72% 46,530.00 4.60% 0.91%04.653% 020129DTD020123 FC080123 101.11 1.29%
Total Corporate IG Credit $22,798,222 $22,977,105 -$7,892.12 $178,883 0.78% $603,035 2.62% 29.31% 20.57% Total US $78,062,020 $78,398,857 -$8,798.13 $336,837 0.43% $1,993,082 2.54% 100% 70.18% Total Fixed Income $78,062,020 $78,398,857 -$8,798.13 $336,837 0.43% $1,993,082 2.54% 100% 70.18%Total Portfolio $111,379,787 $111,716,624 $336,837 0.30% $2,813,970 2.52% 100% 100% Unrealized
gain/loss
(%)
Unrealized
gain/loss ($)
% of
asset
class
Est. annual
Cost basis ($) income ($)
Current
Market value ($) yield (%)
% of
portfolio
Total accrued interest (included in market values): $453,661.63(1)Assets held at other financial institutions are included in this report. We have not verified, and are not responsible for, the accuracy or completeness of this information.Accrued interest, if any, has been included in the total market value.Report created on: October 01, 2025 Page 16 of 35 Consolidated report prepared for City of Glendora
Bond Holdingsas of September 30, 2025Summary of Bond HoldingsMaturityYear Yield to
maturity (%)
Yield to
worst (%)
Unrealized
Issues gain/loss ($) Mkt. value ($)
Est. annual
income ($)
Adjusted
cost basis ($)
Modified
duration
Current
Quantity yield (%) % of bond portfolio maturing
2025 6 6,735,000 47,720.00 0.71% 4.07% 4.07% 0.12 6,735,000 -27,086.30 6,721,534.19

8.61%
2026 30 27,365,000 340,110.00 1.26% 4.00% 4.00% 0.65 27,306,139.98 -381,652.08 26,977,797.60

34.54%
2027 15 10,110,000 233,411.50 2.35% 3.70% 3.70% 1.43 9,970,421.96 -45,128.16 9,950,004.28

12.73%
2028 10 3,679,000 154,604.00 4.19% 4.09% 3.26% 1.59 3,673,995.25 15,134.65 3,718,127.02

4.73%
2029 25 21,607,000 881,246.25 4.07% 4.02% 3.90% 3.07 21,395,063.18 255,028.20 21,903,892.72

27.78%
2030 14 9,225,000 335,990.00 3.71% 4.11% 3.93% 2.72 8,981,399.65 66,878.70 9,127,500.84

11.61%
2031 0 0 N/A N/A N/A2032 0 0 N/A N/A N/A2033 0 0 N/A N/A N/A2034 0 0 N/A N/A N/A2035 0 0 N/A N/A N/A2036 0 0 N/A N/A N/A2037 0 0 N/A N/A N/A2038 0 0 N/A N/A N/A2039 0 0 N/A N/A N/A2040 0 0 N/A N/A N/A2041 0 0 N/A N/A N/A2042 0 0 N/A N/A N/A2043 0 0 N/A N/A N/A2044 0 0 N/A N/A N/A2045 0 0 N/A N/A N/A2046 0 0 N/A N/A N/A2047 0 0 N/A N/A N/A2048 0 0 N/A N/A N/A2049 0 0 N/A N/A N/A2050 0 0 N/A N/A N/A2050 + 0 0 N/A N/A N/AOther 0 0 N/A N/A N/ATotal 100 78,721,000 $1,993,081.75 2.56% 3.99% 3.88% 1.79 $78,062,020.02 $-116,824.99 $78,398,856.66Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Accrued interest, if any, has been included in the total market value.Report created on: October 01, 2025 Page 17 of 35 Consolidated report prepared for City of Glendora
Bond Holdingsas of September 30, 2025 (continued)
Effective rating/
Underlying rating
(Mdy/Fitch/S&P)
Mkt. value ($)/
Accr. interest ($)
Adjusted
cost basis ($)/
Unreal. g/l ($)
Call date/
Coupon Call price ($)
Modified
duration
YTM (%)/
Quantity YTW (%)
Effective
maturity
% of
bond
port.

Market
price ($)

3.99%3.88%
11/26/2027 N/A 1.79$78,062,020.02 N/A $77,945,195.03
$-116,824.99
78,721,000

2.56% $453,661.63

2.55% $1,993,081.75 100%
$78,398,856.66
Total Bond PortfolioDetails of Bond Holdings
Est. annual
income ($)/
Curr. yield (%)
Maturing 2025
Effective rating/
Underlying rating
(Mdy/Fitch/S&P) Quantity Coupon
Effective
maturity
Call date/
Call price ($)
Est. annual
income ($)/
Curr. yield (%)
YTM (%)/
YTW (%)
Modified
duration
Market
price ($)
Mkt. value ($)/
Accr. interest ($)
% of
bond
port.

Adjusted
cost basis ($)/
Unreal. g/l ($)
245,000 245,000.00 100.019
302.05

4.50%

4.50% 46.55
10/20/2025 0.05 245,046.55 0.31%

4.15%
GREAT STHN BK MO US RT 11,025.00 4.15%04.5000% MAT 10/20/25FIXED RATE CD /MO CD
245,000 245,000.00 99.762

28.19 0.60%

0.60% -583.10
10/23/2025 0.06 244,416.90 0.31%

4.39%
TEXAS EXCHANGE BK TX US 1,470.00 4.39%RT 00.6000% MAT 10/23/25FIXED RATE CD /TX CD
2,000,000 2,000,000.00 99.737
4,590.00

0.54%

0.54% -5,260.00
10/27/2025 0.07 1,994,740.00 2.56%

4.05%
10,800.00 4.05%

NR/NR/NR
FNMA NTS 00.540 % DUE Aa1/AA+/AA+102725 DTD 102720 FC04272021 2,000,000 2,000,000.00 99.547
4,137.78

0.56%

0.56% -9,060.00
11/17/2025 0.13 1,990,940.00 2.55%

4.04%
11,200.00 4.04%

NR/NR/NR
FNMA NTS 00.560 % DUE Aa1/AA+/AA+111725 DTD 111720 FC05172021 2,000,000 2,000,000.00 99.481
4,200.00

0.60%

0.60% -10,380.00
11/24/2025 0.15 1,989,620.00 2.55%

4.07%
12,000.00 4.07%

NR/NR/NR
FFCB BOND 00.600 % DUE Aa1/AA+/AA+112425 DTD 112420 FC05242021 245,000 245,000.00 99.245
362.47

0.50%

0.50% -1,849.75
12/15/2025 0.21 243,150.25 0.31%

4.15%
BK HAPOALIM BM NY US RT 1,225.00 4.15%00.5000% MAT 12/15/25FIXED RATE CD /NY CD
Total 2025 6,735,000 0.71% 11/12/2025 $47,720.00

0.71%

4.07%4.07%

0.12 $6,735,000.00
$-27,086.30
$6,707,913.70
$13,620.49

8.61%
Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Accrued interest, if any, has been included in the total market value.Report created on: October 01, 2025 Page 18 of 35 Consolidated report prepared for City of Glendora
Bond Holdingsas of September 30, 2025 (continued)Maturing 2026 Effective rating/
Underlying rating
(Mdy/Fitch/S&P) Quantity Coupon
Effective
maturity
Call date/
Call price ($)
Est. annual
income ($)/
Curr. yield (%)
YTM (%)/
YTW (%)
Modified
duration
Market
price ($)
Mkt. value ($)/
Accr. interest ($)
% of
bond
port.

Adjusted
cost basis ($)/
Unreal. g/l ($)
2,000,000 2,000,232.15 98.989
2,916.67

0.70%

0.71% -20,452.15
01/15/2026 0.29 1,979,780.00 2.54%

4.20%
14,000.00 4.20%

NR/NR/NR
JOHN DEERE CPTL CORP A1/A+/A00.700% 011526DTD010721 FC071521 MEDTERM NTS 245,000 245,000.00 100.029
1,683.12

4.25%

4.25% 71.05
02/02/2026 0.34 245,071.05 0.31%

4.14%
MORGAN STANLEY BK UT US 10,412.50 4.14%RT 04.2500% MAT 02/02/26FIXED RATE CD /UT CD
1,200,000 1,200,000.00 98.413
906.67

0.80%

0.81% -19,044.00
02/26/2026 0.40 1,180,956.00 1.52%

4.79%
9,600.00 4.79%

NR/NR/NR
JPMORGAN CHASE & CO A1/AA-/A00.800% 022626DTD022621 FC082621 MEDTERM NTS 245,000 245,000.00 99.938
1,275.34

3.80%

3.80% -151.90
03/11/2026 10/11/2025 0.44 244,848.10 0.31%

3.92%3.92%
100.00
CFG COMMUNITY BANK MD 9,310.00US RT 03.8000% MAT03/11/26 FIXED RATE CD/MD CD
2,000,000 1,989,860.00 98.596
950.00

0.90%

0.91% -17,940.00
03/11/2026 02/11/2026 0.44 1,971,920.00 2.53%

4.09%4.09%
100.00
18,000.00

NR/NR/NR
CHARLES SCHWAB CORP A2/A/ANTS 00.900% 031126DTD121120 FC031121CALL@MW+10BP 245,000 245,000.00 98.559

64.44 0.80%

0.81% -3,530.45
03/18/2026 12/18/2025 0.46 241,469.55 0.31%

3.95%3.95%
100.00
BMO HARRIS BK NA IL US RT 1,960.0000.8000% MAT 03/18/26FIXED RATE CD /IL CD
245,000 245,000.00 100.536
338.97

5.05%

5.02% 1,313.20
03/20/2026 0.46 246,313.20 0.32%

3.89%
AFFINITY PLUS MN US RT 12,372.50 3.89%05.0500% MAT 03/20/26LICU SHARE CERTIFICATE/MN CD
245,000 245,000.00 100.513
335.62

5.00%

4.97% 1,256.85
03/20/2026 0.46 246,256.85 0.32%

3.89%
VALLEYSTAR CR UN M VA 12,250.00 3.89%US RT 05.0000% MAT03/20/26 LICU SHARECERTIFICATE /VA CD
245,000 245,000.00 100.533
973.29

5.00%

4.97% 1,305.85
03/23/2026 0.47 246,305.85 0.32%

3.87%
TECHNOLOGY CREDIT CA US 12,250.00 3.87%RT 05.0000% MAT 03/23/26CREDIT UNION SHARE CERT/CA CD
Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Accrued interest, if any, has been included in the total market value.Report created on: October 01, 2025 Page 19 of 35 Consolidated report prepared for City of Glendora
Bond Holdingsas of September 30, 2025 (continued)Maturing 2026 Effective rating/
Underlying rating
(Mdy/Fitch/S&P) Quantity Coupon
Effective
maturity
Call date/
Call price ($)
Est. annual
income ($)/
Curr. yield (%)
YTM (%)/
YTW (%)
Modified
duration
Market
price ($)
Mkt. value ($)/
Accr. interest ($)
% of
bond
port.

Adjusted
cost basis ($)/
Unreal. g/l ($)
245,000 245,000.00 100.514
201.37

5.00%

4.97% 1,259.30
03/24/2026 0.47 246,259.30 0.32%

3.90%
CIBC BANK ILLINOIS IL US RT 12,250.00 3.90%05.0000% MAT 03/24/26FIXED RATE CD /IL CD
245,000 245,000.00 98.563

30.21 0.90%

0.91% -3,520.65
03/25/2026 0.47 241,479.35 0.31%

3.94%
STATE BANK OF INDI NY US 2,205.00 3.94%RT 00.9000% MAT 03/25/26FIXED RATE CD /NY CD
2,000,000 2,000,000.00 98.614

0.00 1.05%

1.06% -27,720.00
03/30/2026 N/A 1,972,280.00 2.53%
N/A
21,000.00 N/A

NR/NR/NR
FHLB NTS 1.0500% DUE Aa1/NR/AA+033026 DTD 033021 FC09302021 245,000 245,000.00 98.552

0.00 0.95%

0.96% -3,547.60
03/31/2026 09/30/2025 N/A 241,452.40 0.31%
N/AN/A
100.00
BANKUNITED NA FLOR FL US 2,327.50RT 00.9500% MAT 03/31/26FIXED RATE CD /FL CD
245,000 245,000.00 98.429
184.92

0.95%

0.97% -3,848.95
04/16/2026 0.54 241,151.05 0.31%

3.88%
GREENSTATE CREDIT IA US 2,327.50 3.88%RT 00.9500% MAT 04/16/26FIXED RATE CD /IA CD
245,000 245,000.00 98.361
972.62

0.90%

0.91% -4,015.55
04/22/2026 0.55 240,984.45 0.31%

3.89%
TOYOTA FINL SVG BK NV US 2,205.00 3.89%RT 00.9000% MAT 04/22/26FIXED RATE CD /NV CD
2,000,000 2,000,000.00 99.432
3,750.00

0.50%

0.50% -11,360.00
05/15/2026 11/15/2025 N/A 1,988,640.00 2.55%
N/AN/A
100.00
10,000.00

NR/NR/NR
INTL FIN CORP NTS 00.500 % Aaa/NR/AAADUE 051526 DTD 052821 FC11152021 2,000,000 2,000,610.45 98.199
8,625.00

1.15%

1.17% -36,630.45
05/15/2026 04/15/2026 0.61 1,963,980.00 2.52%

4.10%4.10%
100.00
23,000.00

NR/NR/NR
UNITED HEALTH GROUP INC A2/A/A+01.150% 051526DTD051921 FC111521CALL@MW+07.50BP 245,000 245,000.00 97.909

79.88 0.85%

0.87% -5,122.95
06/16/2026 12/16/2025 0.71 239,877.05 0.31%

3.84%3.84%
100.00
UBS BANK UT US RT 2,082.5000.8500% MAT 06/16/26FIXED RATE CD /UT CD
245,000 245,000.00 99.762
2,192.25

3.55%

3.56% -583.10
06/30/2026 09/30/2025 0.73 244,416.90 0.31%

3.86%3.86%
100.00
ALLY BK UT US RT 03.5500% 8,697.50MAT 06/30/26 FIXED RATECD /UT CD
2,000,000 2,000,000.00 99.209
7,500.00

1.50%

1.51% -15,820.00
06/30/2026 09/30/2025 N/A 1,984,180.00 2.55%
N/AN/A
100.00
30,000.00

NR/NR/NR
FHLB BOND STEP-UP Aa1/NR/AA+1.5000% DUE 063026 DTD063021 FC 12302021Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Accrued interest, if any, has been included in the total market value.Report created on: October 01, 2025 Page 20 of 35 Consolidated report prepared for City of Glendora
Bond Holdingsas of September 30, 2025 (continued)Maturing 2026 Effective rating/
Underlying rating
(Mdy/Fitch/S&P) Quantity Coupon
Effective
maturity
Call date/
Call price ($)
Est. annual
income ($)/
Curr. yield (%)
YTM (%)/
YTW (%)
Modified
duration
Market
price ($)
Mkt. value ($)/
Accr. interest ($)
% of
bond
port.

Adjusted
cost basis ($)/
Unreal. g/l ($)
2,000,000 2,000,000.00 98.339
7,500.00

1.50%

1.53% -33,220.00
06/30/2026 N/A 1,966,780.00 2.52%
N/A
30,000.00 N/A

NR/NR/NR
FHLB NTS 1.5000% DUE Aa1/NR/AA+063026 DTD 063021 FC12302021 245,000 245,000.00 97.690
432.27

0.70%

0.72% -5,659.50
07/01/2026 0.74 239,340.50 0.31%

3.84%
NEW YORK CMNTY BK NY 1,715.00 3.84%US RT 00.7000% MAT07/01/26 FIXED RATE CD /NY CD
1,000,000 968,385.25 97.746
1,370.83

1.05%

1.07% 9,074.75
08/13/2026 10/13/2025 0.85 977,460.00 1.25%

3.71%3.71%
100.00
10,500.00

NR/NR/NR
FHLB BOND 01.050 % DUE Aa1/NR/AA+081326 DTD 081321 FC02132022 245,000 245,000.00 97.438
155.73

0.80%

0.82% -6,276.90
08/13/2026 0.86 238,723.10 0.31%

3.80%
LIVE OAK BKG CO NC US RT 1,960.00 3.80%00.8000% MAT 08/13/26FIXED RATE CD /NC CD
2,000,000 2,000,000.00 97.517
2,172.22

1.15%

1.18% -49,660.00
08/26/2026 N/A 1,950,340.00 2.50%
N/A
23,000.00 N/A

NR/NR/NR
FHLB NTS 1.1500% DUE Aa1/NR/AA+082626 DTD 082621 FC02262022 2,000,000 2,000,000.00 97.401
1,925.00

1.05%

1.08% -51,980.00
08/27/2026 0.89 1,948,020.00 2.50%

3.99%
21,000.00 3.99%

NR/NR/NR
MORGAN STANLEY FIN LLC A1/A+/A01.050% 082726DTD082721 FC022722 MEDTERM NTS 2,000,000 2,000,000.00 97.392
104.44

0.94%

0.97% -52,160.00
09/28/2026 0.97 1,947,840.00 2.50%

3.63%
18,800.00 3.63%

NR/NR/NR
FFCB NTS 00.940 % DUE Aa1/AA+/AA+092826 DTD 092821 FC03282022 1,000,000 982,052.13 97.273
4,677.31

1.13%

1.16% -9,322.13
10/31/2026 1.06 972,730.00 1.25%

3.71%
11,250.00 3.71%

NR/NR/NR
US TSY NOTE 01.125 % DUE NR/AA+/NR10/31/26 DTD 10/31/21 FC04/30/22 245,000 245,000.00 97.068
995.77

1.15%

1.18% -7,183.40
11/24/2026 1.12 237,816.60 0.31%

3.77%
CAPITAL ONE BK USA VA US 2,817.50 3.77%RT 01.1500% MAT 11/24/26FIXED RATE CD /VA CD
245,000 245,000.00 97.068
995.77

1.15%

1.18% -7,183.40
11/24/2026 1.12 237,816.60 0.31%

3.77%
CAPITAL ONE NA VA US RT 2,817.50 3.77%01.1500% MAT 11/24/26FIXED RATE CD /VA CD
Total 2026 27,365,000 1.25% 06/05/2026 $340,110.00

1.26%

4.00%4.00%

0.65$27,306,139.98
$-381,652.08
$26,924,487.90
$53,309.70

34.54%
Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Accrued interest, if any, has been included in the total market value.Report created on: October 01, 2025 Page 21 of 35 Consolidated report prepared for City of Glendora
Bond Holdingsas of September 30, 2025 (continued)Maturing 2027 Effective rating/
Underlying rating
(Mdy/Fitch/S&P) Quantity Coupon
Effective
maturity
Call date/
Call price ($)
Est. annual
income ($)/
Curr. yield (%)
YTM (%)/
YTW (%)
Modified
duration
Market
price ($)
Mkt. value ($)/
Accr. interest ($)
% of
bond
port.

Adjusted
cost basis ($)/
Unreal. g/l ($)
2,000,000 2,000,000.00 97.621
6,542.22

1.84%

1.88% -47,580.00
01/26/2027 1.28 1,952,420.00 2.50%

3.70%
36,800.00 3.70%

NR/NR/NR
FFCB BOND 01.840 % DUE Aa1/AA+/AA+012627 DTD 012622 FC07262022 2,000,000 2,000,000.00 97.462
4,944.44

1.78%

1.83% -50,760.00
02/10/2027 11/10/2025 1.32 1,949,240.00 2.50%

3.71%3.71%
100.00
35,600.00

NR/NR/NR
FHLB BOND 01.780 % DUE Aa1/NR/AA+021027 DTD 021022 FC08102022 245,000 245,000.00 97.256
330.92

1.70%

1.75% -6,722.80
02/18/2027 1.37 238,277.20 0.31%

3.73%
METRO CREDIT UNION MA 4,165.00 3.73%US RT 01.7000% MAT02/18/27 LICU SHARECERTIFICATE /MA CD
245,000 245,000.00 97.267
136.93

1.70%

1.75% -6,695.85
02/18/2027 1.37 238,304.15 0.31%

3.73%
PENTAGON FED CREDI VA US 4,165.00 3.73%RT 01.7000% MAT 02/18/27CREDIT UNION SHARE CERT/VA CD
3,215,000 3,075,098.40 97.701
6,282.65

2.01%

2.06% 65,988.75
02/25/2027 11/25/2025 1.36 3,141,087.15 4.03%

3.71%3.71%
100.00
64,621.50

NR/NR/NR
FHLB BOND 02.010 % DUE Aa1/NR/AA+022527 DTD 022522 FC08252022 245,000 245,323.56 97.620
375.89

2.00%

2.05% -6,154.56
03/02/2027 1.38 239,169.00 0.31%

3.74%
EAGLEMARK SVGS BK NV US 4,900.00 3.74%RT 02.0000% MAT 03/02/27FIXED RATE CD /NV CD
245,000 245,000.00 99.173
2,770.85

3.20%

3.23% -2,026.15
05/24/2027 1.57 242,973.85 0.31%

3.72%
DISCOVER BANK DE US RT 7,840.00 3.72%03.2000% MAT 05/24/27FIXED RATE CD /DE CD
245,000 245,000.00 101.673
473.22

4.70%

4.62% 4,098.85
06/15/2027 1.64 249,098.85 0.32%

3.69%
ESSENTIAL FED CRED LA US 11,515.00 3.69%RT 04.7000% MAT 06/15/27LICU SHARE CERTIFICATE /LA CD
245,000 245,000.00 99.276
327.23

3.25%

3.27% -1,773.80
06/15/2027 1.65 243,226.20 0.31%

3.69%
LAFAYETTE FED CRED MD US 7,962.50 3.69%RT 03.2500% MAT 06/15/27LICU SHARE CERTIFICATE/MD CD
245,000 245,000.00 100.249
382.60

3.80%

3.79% 610.05
08/13/2027 1.80 245,610.05 0.32%

3.66%
TAB BANK INC UT US RT 9,310.00 3.66%03.8000% MAT 08/13/27FIXED RATE CD /UT CD
245,000 245,000.00 100.429
261.78

3.90%

3.88% 1,051.05
08/20/2027 1.81 246,051.05 0.32%

3.66%
BRIGHTSTAR CR UN FL US RT 9,555.00 3.66%03.9000% MAT 08/20/27LICU SHARE CERTIFICATE /FL CD
Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Accrued interest, if any, has been included in the total market value.Report created on: October 01, 2025 Page 22 of 35 Consolidated report prepared for City of Glendora
Bond Holdingsas of September 30, 2025 (continued)Maturing 2027 Effective rating/
Underlying rating
(Mdy/Fitch/S&P) Quantity Coupon
Effective
maturity
Call date/
Call price ($)
Est. annual
income ($)/
Curr. yield (%)
YTM (%)/
YTW (%)
Modified
duration
Market
price ($)
Mkt. value ($)/
Accr. interest ($)
% of
bond
port.

Adjusted
cost basis ($)/
Unreal. g/l ($)
245,000 245,000.00 100.632
724.93

4.00%

3.97% 1,548.40
09/03/2027 1.84 246,548.40 0.32%

3.66%
CONNEXUS CREDIT UN WI 9,800.00 3.66%US RT 04.0000% MAT09/03/27 LICU SHARECERTIFICATE /WI CD
200,000 200,000.00 100.000
316.44

3.85%

3.85% 0.00
09/15/2027 1.88 200,000.00 0.26%

3.85%
COMENITY BANK DE US RT 7,700.00 3.85%03.8500% MAT 09/15/27JUMBO CD - HELD AT UBS/DE CD
245,000 245,000.00 100.415
620.22

3.85%

3.83% 1,016.75
11/08/2027 2.01 246,016.75 0.32%

3.64%
FARMERS & MERCHANT WI 9,432.50 3.64%US RT 03.8500% MAT11/08/27 FIXED RATE CD /WI CD
245,000 245,000.00 100.927
220.16

4.10%

4.06% 2,271.15
11/22/2027 2.05 247,271.15 0.32%

3.65%
WORKERS CREDIT UNI MA 10,045.00 3.65%US RT 04.1000% MAT11/22/27 LICU SHARECERTIFICATE /MA CD
Total 2027 10,110,000 2.32% 03/26/2027 $233,411.50

2.35%

3.70%3.70%

1.43 $9,970,421.96
$-45,128.16
$9,925,293.80
$24,710.48

12.73%
Maturing 2028
Effective rating/
Underlying rating
(Mdy/Fitch/S&P) Quantity Coupon
Effective
maturity
Call date/
Call price ($)
Est. annual
income ($)/
Curr. yield (%)
YTM (%)/
YTW (%)
Modified
duration
Market
price ($)
Mkt. value ($)/
Accr. interest ($)
% of
bond
port.

Adjusted
cost basis ($)/
Unreal. g/l ($)
245,000 245,000.00 100.830
322.19

4.00%

3.97% 2,033.50
03/20/2028 2.33 247,033.50 0.32%

3.64%
GOLDMAN SACHS BANK NY 9,800.00 3.64%US RT 04.0000% MAT03/20/28 FIXED RATE CD /NY CD
245,000 245,000.00 100.168
256.75

4.25%

4.24% 411.60
03/21/2028 03/21/2026 0.47 245,411.60 0.31%

3.89%4.18%
100.00
AMER NATL BK OMA NE US 10,412.50RT 04.2500% MAT 03/21/28FIXED RATE CD /NE CD
245,000 245,000.00 100.558
906.16

5.00%

4.97% 1,367.10
04/03/2028 04/03/2026 0.50 246,367.10 0.32%

3.89%4.76%
100.00
ARBOR FINL CREDIT MI US RT 12,250.0005.0000% MAT 04/03/28FIXED RATE CD /MI CD
245,000 245,000.00 100.035

0.00 4.30%

4.30% 85.75
04/28/2028 10/30/2025 0.08 245,085.75 0.31%

3.87%4.29%
100.00
DIVERSIFIED MEMBER MI US 10,535.00RT 04.3000% MAT 04/28/28LICU SHARE CERTIFICATE /MI CD
Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Accrued interest, if any, has been included in the total market value.Report created on: October 01, 2025 Page 23 of 35 Consolidated report prepared for City of Glendora
Bond Holdingsas of September 30, 2025 (continued)Maturing 2028 Effective rating/
Underlying rating
(Mdy/Fitch/S&P) Quantity Coupon
Effective
maturity
Call date/
Call price ($)
Est. annual
income ($)/
Curr. yield (%)
YTM (%)/
YTW (%)
Modified
duration
Market
price ($)
Mkt. value ($)/
Accr. interest ($)
% of
bond
port.

Adjusted
cost basis ($)/
Unreal. g/l ($)
245,000 245,000.00 100.616
759.16

3.90%

3.88% 1,509.20
05/01/2028 2.45 246,509.20 0.32%

3.65%
USF FED CREDIT UNI FL US RT 9,555.00 3.65%03.9000% MAT 05/01/28LICU SHARE CERTIFICATE /FL CD
1,500,000 1,494,995.25 99.646
21,375.00

3.80%

3.81% -305.25
05/15/2028 02/15/2028 2.44 1,494,690.00 1.92%

3.94%3.94%
100.00
57,000.00

NR/NR/NR
AMEREN ILL CO NTS B/E A1/WD/A03.800% 051528DTD052218 FC111518CALL@MW+15BP 245,000 245,000.00 100.096
535.64

4.20%

4.20% 235.20
07/11/2028 01/11/2026 0.28 245,235.20 0.31%

3.86%4.16%
100.00
FIRST FED SVGS BK IN US RT 10,290.0004.2000% MAT 07/11/28FIXED RATE CD /IN CD
245,000 245,000.00 100.414
569.21

5.30%

5.28% 1,014.30
07/14/2028 10/14/2025 0.04 246,014.30 0.32%
-5.46%

5.14%
100.00
CY-FAIR FED CREDIT TX US 12,985.00RT 05.3000% MAT 07/14/28FIXED RATE CD /TX CD
245,000 245,000.00 103.585
436.30

5.00%

4.83% 8,783.25
07/17/2028 2.61 253,783.25 0.33%

3.65%
NEW ORLEANS FIREME LA US 12,250.00 3.65%RT 05.0000% MAT 07/17/28FIXED RATE CD /LA CD
219,000 219,000.00 100.000
3,836.70

4.35%

4.35% 0.00
11/06/2028 11/06/2025 0.10 219,000.00 0.28%

4.28%4.35%
100.00
FIRST GTY BK HAMMO LA US 9,526.50RT 04.3500% MAT 11/06/28FIXED RATE CD /LA CD
Total 2028 3,679,000 4.21% 05/26/2028 $154,604.00

4.19%

4.09%3.26%

1.59 $3,673,995.25
$15,134.65
$3,689,129.90
$28,997.12

4.73%
Maturing 2029
Effective rating/
Underlying rating
(Mdy/Fitch/S&P) Quantity Coupon
Effective
maturity
Call date/
Call price ($)
Est. annual
income ($)/
Curr. yield (%)
YTM (%)/
YTW (%)
Modified
duration
Market
price ($)
Mkt. value ($)/
Accr. interest ($)
% of
bond
port.

Adjusted
cost basis ($)/
Unreal. g/l ($)
245,000 243,750.40 100.374
459.12

3.80%

3.79% 2,165.90
01/12/2029 3.08 245,916.30 0.32%

3.68%
GUARANTY BK MO US RT 9,310.00 3.68%03.8000% MAT 01/12/29FIXED RATE CD /MO CD
1,000,000 993,985.50 101.111

0.00 4.65%

4.60% 17,124.50
02/01/2029 02/01/2028 N/A 1,011,110.00 1.30%
N/AN/A
100.00
46,530.00

NR/NR/NR
US BANCORP NTS B/E A3/A/A04.653% 020129DTD020123 FC080123 245,000 244,987.75 101.304
660.49

4.10%

4.05% 3,207.05
02/06/2029 3.12 248,194.80 0.32%

3.69%
WELLS FARGO BK NA SD US 10,045.00 3.69%RT 04.1000% MAT 02/06/29FIXED RATE CD /SD CD
Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Accrued interest, if any, has been included in the total market value.Report created on: October 01, 2025 Page 24 of 35 Consolidated report prepared for City of Glendora
Bond Holdingsas of September 30, 2025 (continued)Maturing 2029 Effective rating/
Underlying rating
(Mdy/Fitch/S&P) Quantity Coupon
Effective
maturity
Call date/
Call price ($)
Est. annual
income ($)/
Curr. yield (%)
YTM (%)/
YTW (%)
Modified
duration
Market
price ($)
Mkt. value ($)/
Accr. interest ($)
% of
bond
port.

Adjusted
cost basis ($)/
Unreal. g/l ($)
245,000 244,755.00 100.130
753.12

5.10%

5.09% 563.50
03/08/2029 10/08/2025 0.02 245,318.50 0.31%
-0.83%

5.06%
100.00
EATON CMNTY BK MI US RT 12,495.0005.1000% MAT 03/08/29FIXED RATE CD /MI CD
1,000,000 1,000,004.58 100.217
2,087.50

4.18%

4.17% 2,165.42
03/12/2029 03/12/2027 1.39 1,002,170.00 1.29%

4.02%4.11%
100.00
41,750.00

NR/NR/NR
FEDERAL HOME LN BANK Aa1/NR/AA+NTS 04.175 % DUE 031229DTD 031225 FC 09122025 1,000,000 975,045.25 97.749
15,075.00

3.35%

3.43% 2,444.75
04/18/2029 3.26 977,490.00 1.25%

4.04%
33,500.00 4.04%

NR/NR/NR
JOHN DEERE CPTL CORP A1/A+/A03.350% 041829DTD041822 FC101822 MEDTERM NTS 650,000 648,380.25 99.938
10,833.33

4.00%

4.00% 1,216.75
04/30/2029 04/30/2026 3.25 649,597.00 0.83%

4.02%4.02%
100.00
26,000.00

NR/NR/NR
FHLMC NTS 04.000 % DUE Aa1/AA+/AA+043029 DTD 043025 FC10302025 1,000,000 984,595.25 99.700
15,000.00

4.00%

4.01% 12,404.75
05/15/2029 03/15/2029 3.29 997,000.00 1.28%

4.09%4.09%
100.00
40,000.00

NR/NR/NR
UNITED HEALTH GROUP INC A2/A/A+04.000% 051529DTD052022 FC111522CALL@MW+20BP 470,000 442,604.25 97.140
5,431.11

3.25%

3.35% 13,953.75
05/22/2029 02/22/2029 3.35 456,558.00 0.59%

4.10%4.10%
100.00
15,275.00

NR/NR/NR
CHARLES SCHWAB CORP B/E A2/A/A03.250% 052229DTD052219 FC112219 1,000,000 971,415.25 97.181
10,208.33

3.50%

3.60% 394.75
06/15/2029 03/15/2029 3.40 971,810.00 1.25%

4.33%4.33%
100.00
35,000.00

NR/NR/NR
PACIFICORP B/E 03.500% A3/NR/A061529 DTD030119FC061519 CALL@MW+15BP 1,000,000 1,000,000.00 100.105
13,186.11

5.05%

5.04% 1,050.00
06/26/2029 12/26/2025 0.24 1,001,050.00 1.28%

4.55%5.02%
100.00
50,500.00

NR/NR/NR
FNMA NTS 05.050 % DUE Aa1/AA+/AA+062629 DTD 062824 FC12262024 500,000 499,085.25 101.245
5,624.31

4.45%

4.40% 7,139.75
06/29/2029 3.39 506,225.00 0.65%

4.09%
22,250.00 4.09%

NR/NR/NR
TOYOTA MOTOR CREDIT A1/A+/A+CORP 04.450% 062929DTD063022 FC122922CALL@MW+20BP 2,000,000 1,999,005.25 100.673
16,814.44

4.09%

4.06% 14,454.75
07/16/2029 07/16/2027 1.70 2,013,460.00 2.58%

3.70%3.90%
100.00
81,800.00

NR/NR/NR
FFCB BOND 04.090 % DUE Aa1/AA+/AA+071629 DTD 071625 FC01162026 500,000 500,005.16 99.609
1,563.61

4.33%

4.35% -1,960.16
09/04/2029 03/04/2026 3.56 498,045.00 0.64%

4.44%4.44%
100.00
21,650.00

NR/NR/NR
FARMER MAC MED TERM NR/NR/NRNTS 04.330 % DUE 090429DTD 090425 FC 03042026Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Accrued interest, if any, has been included in the total market value.Report created on: October 01, 2025 Page 25 of 35 Consolidated report prepared for City of Glendora
Bond Holdingsas of September 30, 2025 (continued)Maturing 2029 Effective rating/
Underlying rating
(Mdy/Fitch/S&P) Quantity Coupon
Effective
maturity
Call date/
Call price ($)
Est. annual
income ($)/
Curr. yield (%)
YTM (%)/
YTW (%)
Modified
duration
Market
price ($)
Mkt. value ($)/
Accr. interest ($)
% of
bond
port.

Adjusted
cost basis ($)/
Unreal. g/l ($)
245,000 240,222.50 99.443
120.82

3.60%

3.62% 3,412.85
09/25/2029 3.68 243,635.35 0.31%

3.75%
AMER EXPRESS NATL UT US 8,820.00 3.75%RT 03.6000% MAT 09/25/29FIXED RATE CD /UT CD
1,000,000 984,716.19 99.313

0.00 3.50%

3.52% 8,413.81
09/30/2029 3.70 993,130.00 1.27%

3.69%
35,000.00 3.69%

NR/NR/NR
US TSY NOTE 03.500 % DUE Aa1/AA+/AA+09/30/29 DTD 09/30/24 FC03/31/25 3,000,000 2,973,745.75 99.943
59,400.00

4.05%

4.05% 24,544.25
10/04/2029 09/04/2029 3.60 2,998,290.00 3.85%

4.07%4.07%
100.00
121,500.00

NR/NR/NR
ACCENTURE CAPITAL INC Aa3/WD/AA04.050% 100429DTD100424 FC040425CALL@MW+10BP 1,000,000 991,647.22 101.156
16,630.44

4.00%

3.95% 19,912.78
10/31/2029 3.68 1,011,560.00 1.30%

3.69%
40,000.00 3.69%

NR/NR/NR
US TSY NOTE 04.000 % DUE Aa1/AA+/AA+10/31/29 DTD 10/31/22 FC04/30/23 1,000,000 983,770.88 101.617
17,150.14

4.13%

4.06% 32,399.12
10/31/2029 3.67 1,016,170.00 1.30%

3.69%
41,250.00 3.69%

NR/NR/NR
US TSY NOTE 04.125 % DUE Aa1/AA+/AA+10/31/29 DTD 10/31/24 FC04/30/25 500,000 500,555.78 101.618
9,622.92

4.65%

4.58% 7,534.22
11/01/2029 10/01/2029 3.54 508,090.00 0.65%

4.21%4.21%
100.00
23,250.00

NR/NR/NR
ONCOR ELEC DELIVERY CO A2/A/A04.650% 110129DTD111324 FC050125CALL@MW+10BP 245,000 244,510.00 101.093
3,588.41

4.05%

4.01% 3,167.85
11/21/2029 3.73 247,677.85 0.32%

3.76%
SALLIE MAE BANK UT US RT 9,922.50 3.76%04.0500% MAT 11/21/29FIXED RATE CD /UT CD
1,000,000 998,380.50 102.573
16,869.83

4.78%

4.66% 27,349.50
11/23/2029 3.68 1,025,730.00 1.32%

4.10%
47,820.00 4.10%

NR/NR/NR
ST STREET BK & TR CO NTS Aa2/AA/AA04.782% 112329DTD112524 FC052325 B/E 245,000 245,000.00 101.286
3,495.11

4.10%

4.05% 3,150.70
11/26/2029 3.74 248,150.70 0.32%

3.76%
STATE BK IL US RT 04.1000% 10,045.00 3.76%MAT 11/26/29 FIXED RATECD /IL CD
1,500,000 1,490,677.13 100.664
19,375.00

3.88%

3.85% 19,282.87
11/30/2029 3.77 1,509,960.00 1.94%

3.70%
58,125.00 3.70%

NR/NR/NR
US TSY NOTE 03.875 % DUE Aa1/AA+/NR11/30/29 DTD 11/30/22 FC05/31/23 1,017,000 994,218.09 100.664
9,852.19

3.88%

3.85% 29,534.79
12/31/2029 3.85 1,023,752.88 1.31%

3.70%
39,408.75 3.70%

NR/NR/NR
US TSY NOTE 03.875 % DUE Aa1/AA+/AA+12/31/29 DTD 12/31/22 FC06/30/23Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Accrued interest, if any, has been included in the total market value.Report created on: October 01, 2025 Page 26 of 35 Consolidated report prepared for City of Glendora
Bond Holdingsas of September 30, 2025 (continued)Maturing 2029 Effective rating/
Underlying rating
(Mdy/Fitch/S&P) Quantity Coupon
Effective
maturity
Call date/
Call price ($)
Est. annual
income ($)/
Curr. yield (%)
YTM (%)/
YTW (%)
Modified
duration
Market
price ($)
Mkt. value ($)/
Accr. interest ($)
% of
bond
port.

Adjusted
cost basis ($)/
Unreal. g/l ($)
Total 2029 21,607,000 4.08% 08/09/2029 $881,246.25

4.07%

4.02%3.90%

3.07$21,395,063.18
$255,028.20
$21,650,091.38
$253,801.34

27.78%
Maturing 2030
Effective rating/
Underlying rating
(Mdy/Fitch/S&P) Quantity Coupon
Effective
maturity
Call date/
Call price ($)
Est. annual
income ($)/
Curr. yield (%)
YTM (%)/
YTW (%)
Modified
duration
Market
price ($)
Mkt. value ($)/
Accr. interest ($)
% of
bond
port.

Adjusted
cost basis ($)/
Unreal. g/l ($)
1,000,000 1,000,005.03 100.452
9,125.00

4.50%

4.48% 4,514.97
01/17/2030 07/17/2026 0.77 1,004,520.00 1.29%

3.91%4.38%
100.00
45,000.00

NR/NR/NR
FHLB NTS 04.500 % DUE Aa1/NR/AA+011730 DTD 071725 FC01172026 500,000 499,615.25 102.461
4,663.94

5.01%

4.89% 12,689.75
01/23/2030 01/23/2029 3.01 512,305.00 0.66%

4.21%4.38%
100.00
25,060.00

NR/NR/NR
JPMORGAN CHASE & CO A1/AA-/ANTS 05.012% 012330DTD012324 FC072324CALL@MW+20BP 500,000 464,875.25 93.412
2,089.58

2.55%

2.73% 2,184.75
02/01/2030 11/01/2029 4.02 467,060.00 0.60%

4.23%4.23%
100.00
12,750.00

NR/NR/NR
SOUTHERN CALIF GAS CO Aa3/AA-/A02.550% 020130DTD010920CALL@MW+15BP 245,000 244,938.75 100.060

55.04 4.10%

4.10% 208.25
02/27/2030 02/28/2026 0.41 245,147.00 0.31%

3.95%4.09%
100.00
TRUXTON TR CO NASH TN 10,045.00US RT 04.1000% MAT02/27/30 FIXED RATE CD /TN CD
1,000,000 919,485.25 92.290
1,812.50

2.25%

2.44% 3,414.75
03/01/2030 12/01/2029 4.13 922,900.00 1.18%

4.18%4.18%
100.00
22,500.00

NR/NR/NR
DTE ELEC CO B/E 02.250% Aa3/A+/A030130 DTD022620CALL@MW+15BP 1,000,000 1,000,004.72 100.636
3,105.56

4.30%

4.27% 6,355.28
03/04/2030 03/04/2027 1.37 1,006,360.00 1.29%

3.84%4.14%
100.00
43,000.00

NR/NR/NR
FNMA NTS 04.300 % DUE Aa1/AA+/AA+030430 DTD 031225 FC09042025 1,000,000 1,001,350.85 100.962
19,888.89

4.00%

3.96% 8,269.15
04/01/2030 4.01 1,009,620.00 1.30%

3.77%
40,000.00 3.77%

NR/NR/NR
FFCB BOND 04.000 % DUE Aa1/AA+/AA+040130 DTD 040125 FC10012025 245,000 240,525.91 99.580

24.50 3.65%

3.67% 3,445.09
04/29/2030 4.21 243,971.00 0.31%

3.75%
CELTIC BK UT US RT 8,942.50 3.75%03.6500% MAT 04/29/30FIXED RATE CD /UT CD
1,000,000 1,000,005.01 100.404
17,075.56

4.52%

4.50% 4,034.99
05/14/2030 05/14/2026 0.60 1,004,040.00 1.29%

3.85%4.42%
100.00
45,200.00

NR/NR/NR
FFCB BOND 04.520 % DUE Aa1/AA+/AA+051430 DTD 051425 FC11142025Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Accrued interest, if any, has been included in the total market value.Report created on: October 01, 2025 Page 27 of 35 Consolidated report prepared for City of Glendora
Bond Holdingsas of September 30, 2025 (continued)Maturing 2030 Effective rating/
Underlying rating
(Mdy/Fitch/S&P) Quantity Coupon
Effective
maturity
Call date/
Call price ($)
Est. annual
income ($)/
Curr. yield (%)
YTM (%)/
YTW (%)
Modified
duration
Market
price ($)
Mkt. value ($)/
Accr. interest ($)
% of
bond
port.

Adjusted
cost basis ($)/
Unreal. g/l ($)
1,000,000 986,458.38 100.094
12,500.00

3.75%

3.75% 14,481.62
05/31/2030 4.19 1,000,940.00 1.28%

3.73%
37,500.00 3.73%

NR/NR/NR
US TSY NOTE 03.750 % DUE Aa1/AA+/AA+05/31/30 DTD 05/31/23 FC11/30/23 1,000,000 889,135.25 89.582
4,875.00

1.50%

1.67% 6,684.75
06/03/2030 03/03/2030 4.41 895,820.00 1.15%

3.96%3.96%
100.00
15,000.00

NR/NR/NR
AMAZON.COM INC B/E A1/AA-/AA01.500% 060330DTD060320CALL@MW+15BP 245,000 245,000.00 100.251
2,837.64

4.45%

4.44% 614.95
06/27/2030 06/27/2026 0.72 245,614.95 0.32%

4.05%4.38%
100.00
TRUIST BK NC US RT 10,902.5004.4500% MAT 06/27/30FIXED RATE CD /NC CD
245,000 245,000.00 100.071
310.11

4.20%

4.20% 173.95
08/19/2030 02/19/2026 0.38 245,173.95 0.31%

4.02%4.18%
100.00
CENTRAL BK AR US RT 10,290.0004.2000% MAT 08/19/30FIXED RATE CD /AR CD
245,000 245,000.00 99.921
859.18

4.00%

4.00% -193.55
08/29/2030 08/29/2027 4.40 244,806.45 0.31%

4.02%4.02%
100.00
MORGAN STANLEY PRI NY 9,800.00US RT 04.0000% MAT08/29/30 FIXED RATE CD /NY CD
Total 2030 9,225,000 3.69% 04/08/2030 $335,990.00

3.71%

4.11%3.93%

2.72 $8,981,399.65
$66,878.70
$9,048,278.35
$79,222.49

11.61%
Effective rating/
Underlying rating
(Mdy/Fitch/S&P)
Mkt. value ($)/
Accr. interest ($)
Adjusted
cost basis ($)/
Unreal. g/l ($)
Call date/
Coupon Call price ($)
Modified
duration
YTM (%)/
YTW (%)
Est. annual
income ($)/
Quantity Curr. yield (%)
Effective
maturity
% of
bond
port.

Market
price ($)

3.99%3.88%
11/26/2027 N/A 1.79$78,062,020.02 N/A $77,945,195.03
$-116,824.99
78,721,000

2.56% $453,661.63 Total Bond Portfolio 2.55% $1,993,081.75 100% $78,398,856.66
Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Accrued interest, if any, has been included in the total market value.Report created on: October 01, 2025 Page 28 of 35 Important Information About This Report Disclosures Applicable to Accounts at UBS Financial Services Inc.

This section contains important disclosures regarding the information and valuations presented here. Allinformation presented is subject to change at any time and is provided only as of the date indicated. Theinformation in this report is for informational purposes only and should not be relied upon as the basis of aninvestment or liquidation decision. UBS FS account statements and official tax documents are the only officialrecord of your accounts and are not replaced, amended or superseded by any of the information presented inthese reports. You should not rely on this information in making purchase or sell decisions, for tax purposes orotherwise.UBS FS offers a number of investment advisory programs to clients, acting in our capacity as an investmentadviser, including fee-based financial planning, discretionary account management, non-discretionary investmentadvisory programs, and advice on the selection of investment managers and mutual funds offered through ourinvestment advisory programs. When we act as your investment adviser, we will have a written agreement withyou expressly acknowledging our investment advisory relationship with you and describing our obligations toyou. At the beginning of our advisory relationship, we will give you our Form ADV brochure(s) for the program(s)you selected that provides detailed information about, among other things, the advisory services we provide, ourfees, our personnel, our other business activities and financial industry affiliations and conflicts between ourinterests and your interests.In our attempt to provide you with the highest quality information available, we have compiled this report usingdata obtained from recognized statistical sources and authorities in the financial industry. While we believe thisinformation to be reliable, we cannot make any representations regarding its accuracy or completeness. Pleasekeep this guide as your Advisory Review.Please keep in mind that most investment objectives are long term. Although it is important to evaluate yourportfolio's performance over multiple time periods, we believe the greatest emphasis should be placed on thelonger period returns.Please review the report content carefully and contact your Financial Advisor with any questions.Client Accounts: This report may include all assets in the accounts listed and may include eligible and ineligibleassets in a fee-based program. Since ineligible assets are not considered fee-based program assets, the inclusionof such securities will distort the actual performance of your accounts and does not reflect the performance ofyour accounts in the fee-based program. As a result, the performance reflected in this report can varysubstantially from the individual account performance reflected in the performance reports provided to you aspart of those programs. For fee-based programs, fees are charged on the market value of eligible assets in theaccounts and assessed quarterly in advance, prorated according to the number of calendar days in the billingperiod. When shown on a report, the risk profile and return objectives describe your overall goals for theseaccounts. For each account you maintain, you choose one return objective and a primary risk profile. If you havequestions regarding these objectives or wish to change them, please contact your Financial Advisor to updateyour account records.Performance: This report presents account activity and performance depending on which inception type you'vechosen. The two options are: (1) All Assets (Since Performance Start): This presents performance for all assetssince the earliest possible date; (2) Advisory Assets (Advisory Strategy Start) for individual advisory accounts: Thispresents Advisory level performance since the Latest Strategy Start date; If an account that has never beenmanaged is included in the consolidated report, the total performance of that unmanaged account will beincluded since inception.

Time-weighted Returns for accounts / SWP/AAP sleeves (Monthly periods): The report displays a timeweighted rate of return (TWR) that is calculated using the Modified Dietz Method. This calculation uses thebeginning and ending portfolio values for the month and weighs each contribution/withdrawal based upon theday the cash flow occurred. Periods greater than one month are calculated by linking the monthly returns. TheTWR gives equal weighting to every return regardless of amount of money invested, so it is an effective measurefor returns on a fee based account. All periods shown which are greater than 12 months are annualized. Thisapplies to all performance for all assets before 09/30/2010, Advisory assets before 12/31/2010 and SWP sleevesbefore 04/30/2018.Time-weighted Returns for accounts / SWP/AAP sleeves (Daily periods): The report displays a timeweighted rate of return (TWR) that is calculated by dividing the portfolio's daily gain/loss by the previous day'sclosing market value plus the net value of cash flows that occurred during the day, if it was positive. The TWRgives equal weighting to every return regardless of amount of money invested, so it is an effective measure forreturns on a fee based account. Periods greater than one day are calculated by linking the daily returns. Allperiods shown which are greater than 12 months are annualized. For reports generated prior to 01/26/2018, theperformance calculations used the account's end of day value on the performance inception (listed in the reportunder the column "ITD") and all cash flows were posted at end of day. As a result of the change, the overallrate of return (TWR) and beginning market value displayed can vary from prior generated reports. This applies toall performance for all assets on or after 09/30/2010, Advisory assets on or after 12/31/2010, SWP/AAP sleeveson or after 04/30/2018 as well as all Asset Class and Security level returns.Money-weighted returns: Money-weighted return (MWR) is a measure of the rate of return for an asset orportfolio of assets. It is calculated by finding the daily Internal Rate of Return (IRR) for the period and thencompounding this return by the number of days in the period being measured. The MWR incorporates the sizeand timing of cash flows, so it is an effective measure of returns on a portfolio.Annualized Performance: All performance periods greater than one year are calculated (unless otherwisestated) on an annualized basis, which represents the return on an investment multiplied or divided to give acomparable one year return.Cumulative Performance: A cumulative return is the aggregate amount that an investment has gained or lostover time, independent of the period of time involved.Net of Fees and Gross of Fees Performance: Performance is presented on a "net of fees" and "gross offees" basis, where indicated. Net returns do not reflect Program and wrap fees prior to 10/31/10 for accountsthat are billed separately via invoice through a separate account billing arrangement. Gross returns do not reflectthe deduction of fees, commissions or other charges. The payment of actual fees and expenses will reduce aclient's return. The compound effect of such fees and expenses should be considered when reviewing returns.For example, the net effect of the deduction of fees on annualized performance, including the compoundedeffect over time, is determined by the relative size of the fee and the account's investment performance. Itshould also be noted that where gross returns are compared to an index, the index performance also does notreflect any transaction costs, which would lower the performance results. Market index data maybe subject toreview and revision.Benchmark/Major Indices: The past performance of an index is not a guarantee of future results. Anybenchmark is shown for informational purposes only and relates to historical performance of market indices andnot the performance of actual investments. Although most portfolios use indices as benchmarks, portfolios areactively managed and generally are not restricted to investing only in securities in the index. As a result, your Report created on: October 01, 2025 Page 29 of 35
Disclosures Applicable to Accounts at UBS Financial Services Inc. (continued) portfolio holdings and performance may vary substantially from the index. Each index reflects an unmanageduniverse of securities without any deduction for advisory fees or other expenses that would reduce actualreturns, as well as the reinvestment of all income and dividends. An actual investment in the securities includedin the index would require an investor to incur transaction costs, which would lower the performance results.Indices are not actively managed and investors cannot invest directly in the indices. Market index data maybesubject to review and revision. The benchmark index is selected from among the indices for which UBSFS haslicensing agreements with the index provider. UBSFS does not have licensing agreements for all available indices.The benchmarks may vary from those used by the Money Manager or those listed in the prospectus. Further,there is no guarantee that an investor's account will meet or exceed the stated benchmark. Index performanceinformation has been obtained from third parties deemed to be reliable. We have not independently verified thisinformation, nor do we make any representations or warranties to the accuracy or completeness of thisinformation.Blended Index - For Advisory accounts, Blended Index is designed to reflect the asset categories in which youraccount is invested. For Brokerage accounts, you have the option to select any benchmark from the list.For certain products, the blended index represents the investment style corresponding to your client targetallocation. If you change your client target allocation, your blended index will change in step with your changeto your client target allocation.Blended Index 2 - 8 - are optional indices selected by you which may consist of a blend of indexes. For advisoryaccounts, these indices are for informational purposes only. Depending on the selection, the benchmark selectedmay not be an appropriate basis for comparison of your portfolio based on its holdings.For alternative investments and strategies that are highly customized, such as Concentrated Equity Solutions(CES), benchmarks are broad market indices included for general reference and are not intended to showcomparative market performance or potential portfolios with risk or return profiles similar to your account.Benchmark indices are shown for illustrative purposes only.Custom Time Periods: If represented on this report, the performance start date and the performance end datehave been selected by your Financial Advisor in order to provide performance and account activity informationfor your account for the specified period of time only. As a result, only a portion of your account's activity andperformance information is presented in the performance report, and, therefore, presents a distortedrepresentation of your account's activity and performance.Net Deposits/Withdrawals: When shown on a report, this information represents the net value of all cash andsecurities contributions and withdrawals, program fees (including wrap fees) and other fees added to orsubtracted from your accounts from the first day to the last day of the period including assets transferred to orfrom other UBS accounts. When fees are shown separately, net deposits / withdrawals does not include programfees (including wrap fees). When investment return is displayed net deposits / withdrawals does not includeprogram fees (including wrap fees). For security contributions and withdrawals, securities are calculated usingthe end of day UBS FS price on the day securities are delivered in or out of the accounts. Wrap fees will beincluded in this calculation except when paid via an invoice or through a separate accounts billing arrangement.When shown on Client summary and/or Portfolio review report, program fees (including wrap fees) may not beincluded in net deposits/withdrawals. PACE Program fees paid from sources other than your PACE account aretreated as a contribution. A PACE Program Fee rebate that is not reinvested is treated as a withdrawal.Net Deposits/Withdrawals (external): When shown on a report, this information represents the net value of all cash and securities contributions and withdrawals, program fees (including wrap fees) and other fees addedto or subtracted from your accounts from the first day to the last day of the period, excluding assets transferredto or from other UBS accounts after 12/31/2010. When fees are shown separately, net deposits / withdrawalsdoes not include program fees (including wrap fees). When investment return is displayed net deposits /withdrawals does not include program fees (including wrap fees). For security contributions and withdrawals,securities are calculated using the end of day UBS FS price on the day securities are delivered in or out of theaccounts. Wrap fees will be included in this calculation except when paid via an invoice or through a separateaccounts billing arrangement. When shown on Client summary and/or Portfolio review report, program fees(including wrap fees) may not be included in net deposits/withdrawals. PACE Program fees paid from sourcesother than your PACE account are treated as a contribution. A PACE Program Fee rebate that is not reinvested istreated as a withdrawal.Deposits: When shown on a report, this information represents the net value of all cash and securitiescontributions added to your accounts from the first day to the last day of the period, including assets transferredfrom other UBS accounts. On Client Summary Report and/or Portfolio Review Report, this may exclude theOpening balance. For security contributions, securities are calculated using the end of day UBS FS price on theday securities are delivered in or out of the accounts.Deposits (external): When shown on a report, this information represents the net value of all cash andsecurities contributions added to your accounts from the first day to the last day of the period, excluding assetstransferred from other UBS accounts after 12/31/2010. On Client Summary Report and/or Portfolio ReviewReport, this may exclude the Opening balance. For security contributions, securities are calculated using the endof day UBS FS price on the day securities are delivered in or out of the accounts.Withdrawals: When shown on a report, this information represents the net value of all cash and securitieswithdrawals subtracted from your accounts from the first day to the last day of the period, including assettransferred to other UBS accounts. On Client summary and/or portfolio review report Withdrawals may notinclude program fees (including wrap fees). For security withdrawals, securities are calculated using the end ofday UBS FS price on the day securities are delivered in or out of the accounts.Withdrawals (external): When shown on a report, this information represents the net value of all cash andsecurities withdrawals subtracted from your accounts from the first day to the last day of the period, excludingassets transferred to other UBS accounts after 12/31/2010. On Client summary and/or portfolio review reportWithdrawals may not include program fees (including wrap fees). For security withdrawals, securities arecalculated using the end of day UBS FS price on the day securities are delivered in or out of the accounts.Net Transfers (Internal): When shown on a report, this information represents the net value of all cash andsecurities transferred between your UBS accounts from the first day to the last day of the period.Transfers In (Internal): When shown on a report, this information represents the net value of all cash andsecurities transferred to your UBS accounts from the first day to the last day of the period.Transfers Out (Internal): When shown on a report, this information represents the net value of all cash andsecurities transferred from your UBS accounts from the first day to the last day of the period.Dividends/Interest: Dividend and interest earned, when shown on a report, does not include income onsecurities that have been lent out & does not reflect your account's tax status or reporting requirements. Useonly official tax reporting documents (i.e. 1099) for tax reporting purposes. The classification of private Report created on: October 01, 2025 Page 30 of 35
Disclosures Applicable to Accounts at UBS Financial Services Inc. (continued) investment distributions can only be determined by referring to the official year-end tax-reporting documentprovided by the issuer.Change in Accrued Interest: When shown on a report, this information represents the difference between theaccrued interest at the beginning of the period from the accrued interest at the end of the period.Change in Value: Represents the change in value of the portfolio during the reporting period, excludingadditions/withdrawals, dividend and interest income earned and accrued interest. Change in Value may includeprograms fees (including wrap fees) and other fees.Fees: Fees represented in this report include program and wrap fees. Program and wrap fees prior to October 1,2010 for accounts that are billed separately via invoice through a separate account billing arrangement are notincluded in this report.Performance Start Date Changes: The Performance Start Date for accounts marked with a '^' have changed.Performance figures of an account with a changed Performance Start Date may not include the entire history ofthe account. The new Performance Start Date will generate performance returns and activity information for ashorter period than is available at UBS FS. As a result, the overall performance of these accounts may generatebetter performance than the period of time that would be included if the report used the inception date of theaccount. UBS FS recommends reviewing performance reports that use the inception date of the account becausereports with longer time frames are usually more helpful when evaluating investment programs and strategies.Performance reports may include accounts with inception dates that precede the new Performance Start Dateand will show performance and activity information from the earliest available inception date.The change in Performance Start Date may be the result of a performance gap due to a zero-balance thatprevents the calculation of continuous returns from the inception of the account. The Performance Start Datemay also change if an account has failed one of our performance data integrity tests. In such instances, theaccount will be labeled as 'Review Required' and performance prior to that failure will be restricted. Finally, thePerformance Start Date will change if you have explicitly requested a performance restart. Please contact yourFinancial Advisor for additional details regarding your new Performance Start Date.Closed Account Performance: Accounts that have been closed may be included in the consolidatedperformance report. When closed accounts are included in the consolidated report, the performance report willonly include information for the time period the account was active during the consolidated performancereporting time period.Important information on options-based strategies: Options involve risk and are not suitable for everyone.Prior to buying or selling an option investors must read a copy of the Characteristics & Risks of StandardizedOptions, also known as the options disclosure document (ODD). It explains the characteristics and risks ofexchange traded options. The options risk disclosure document can be accessed at the following web address:www.optionsclearing.com/about/publications/character-risks.Concentrated Equity Solutions (CES) managers are not involved in the selection of the underlying stock positions.The Manager will advise only on the options selection in order to pursue the strategy in connection with theunderlying stock position(s) deposited in the account. It is important to keep this in mind when evaluating themanager's performance since the account's performance will include the performance of the underlying equityposition that is not being managed. CES use options to seek to achieve your investment objectives regardingyour concentration stock position. Options strategies change the potential return profile of your stock. In certainscenarios, such as call writing, the call position will limit your ability to participate in any potential increase in the underlying equity position upon which the call was written. Therefore, in some market conditions, particularlyduring periods of significant appreciation of the underlying equity position(s), the CES account will decrease theperformance that would have been achieved had the stock been held long without implementing the CESstrategy.Portfolio: For purposes of this report "portfolio" is defined as all of the accounts presented on the cover pageor the header of this report and does not necessarily include all of the client's accounts held at UBS FS orelsewhere.Percentage: Portfolio (in the "% Portfolio / Total" column) includes all holdings held in the account(s) selectedwhen this report was generated. Broad asset class (in the "% broad asset class" column) includes all holdingsheld in that broad asset class in the account(s) selected when this report was generated.Tax lots: This report displays security tax lots as either one line item (i.e., lumped tax lots) or as separate tax lotlevel information. If you choose to display security tax lots as one line item, the total cost equals the total valueof all tax lots. The unit cost is an average of the total cost divided by the total number of shares. If the shareswere purchased in different lots, the unit price listed does not represent the actual cost paid for each lot. Theunrealized gain/loss value is calculated by combining the total value of all tax lots plus or minus the total marketvalue of the security.If you choose to display tax lot level information as separate line items on the Portfolio Holdings report, the taxlot information may include information from sources other than UBS FS. The Firm does not independently verifyor guarantee the accuracy or validity of any information provided by sources other than UBS FS. As a result thisinformation may not be accurate and is provided for informational purposes only. Clients should not rely on thisinformation in making purchase or sell decisions, for tax purposes or otherwise. See your monthly statement foradditional information.Pricing: All securities are priced using the closing price reported on the last business day preceding the date ofthis report. Every reasonable attempt has been made to accurately price securities; however, we make nowarranty with respect to any security's price. Please refer to the back of the first page of your UBS FS accountstatement for important information regarding the pricing used for certain types of securities, the sources ofpricing data and other qualifications concerning the pricing of securities. To determine the value of securities inyour account, we generally rely on third party quotation services. If a price is unavailable or believed to beunreliable, we may determine the price in good faith and may use other sources such as the last recordedtransaction. When securities are held at another custodian or if you hold illiquid or restricted securities for whichthere is no published price, we will generally rely on the value provided by the custodian or issuer of thatsecurity.Cash: Cash on deposit at UBS Bank USA is protected by the Federal Deposit Insurance Corporation (FDIC) up to$250,000 in principal and accrued interest per depositor for each ownership type. Deposits made in anindividual's own name, joint name, or individual retirement account are each held in a separate type ofownership. Such deposits are not guaranteed by UBS FS. More information is available upon request.Margin: The quantity value may indicate that all or part of this position is held on margin or held in the shortaccount. When an account holds a debit balance, this debit balance is incorporated into the account's totalmarket value and deducted from the total value. When calculating the percent of portfolio on each security, thepercentage will be impacted by the total market value of the account. Therefore, if the account's market value isreduced by a debit value of a holding the percent of portfolio will be greater and if the account's market value is Report created on: October 01, 2025 Page 31 of 35
Disclosures Applicable to Accounts at UBS Financial Services Inc. (continued) increased by a holding then the percent of portfolio will be less.Asset Allocation: Your allocation analysis is based on your current portfolio. The Asset Allocation portion ofthis report shows the mix of various investment classes in your account. An asset allocation that shows asignificantly higher percentage of equity investments may be more appropriate for an investor with a moreaggressive investment strategy and higher tolerance for risk. Similarly, the asset allocation of a more conservativeinvestor may show a higher percentage of fixed income investments.Separately Managed Accounts and Pooled Investment Vehicles (such as mutual funds, closed end fundsand exchanged traded funds): The asset classification displayed is based on firm's proprietary methodology forclassifying assets. Please note that the asset classification assigned to rolled up strategies may include individualinvestments that provide exposure to other asset classes. For example, an International Developed Marketsstrategy may include exposure to Emerging Markets, and a US Large Cap strategy may include exposure to MidCap and Small Cap, etc.Mutual Fund Asset Allocation: If the option to unbundle balanced mutual funds is selected and if a fund'sholdings data is available, mutual funds will be classified by the asset class, subclass, and style breakdown oftheir underlying holdings. Where a mutual fund or ETF contains equity holdings from multiple equity sectors, thisreport will proportionately allocate the underlying holdings of the fund to those sectors measured as apercentage of the total fund's asset value as of the date shown.This information is supplied by Morningstar, Inc. on a daily basis to UBS FS based on data supplied by the fundwhich may not be current. Mutual funds change their portfolio holdings on a regular (often daily) basis.Accordingly, any analysis that includes mutual funds may not accurately reflect the current composition of thesefunds. If a fund's underlying holding data is not available, it will be classified based on its corresponding overallMorningstar classification. All data is as of the date indicated in the report.All pooled investment vehicles (such as mutual funds, closed end mutual funds, and exchange traded funds)incorporate internal management and operation expenses, which are reflected in the performance returns.Please see relevant fund prospectus for more information. Please note, performance for mutual funds is inclusiveof multiple share classes.Ineligible Assets: We require that you hold and purchase only eligible managed assets in your advisoryaccounts. Please contact your Financial Advisor for a list of the eligible assets in your program. These reports mayprovide performance information for eligible and ineligible assets in a fee-based program. Since ineligible assetsare not considered fee-based program assets, the inclusion of such securities will distort the actual performanceof your advisory assets. As a result, the performance reflected in this report can vary substantially from theindividual account performance reflected in the performance reports provided to you as part of those programs.For fee-based programs, fees are charged on the market value of eligible assets in the accounts and assessedquarterly in advance, prorated according to the number of calendar days in the billing period. Neither UBS noryour Financial Advisor will act as your investment adviser with respect to Ineligible Assets.Variable Annuity Asset Allocation: If the option to unbundle a variable annuity is selected and if a variableannuity's holdings data is available, variable annuities will be classified by the asset class, subclass, and stylebreakdown for their underlying holdings. Where a variable annuity contains equity holdings from multiple equitysectors, this report will proportionately allocate the underlying holdings of the variable annuity to those sectorsmeasured as a percentage of the total variable annuity's asset value as of the date shown.

This information is supplied by Morningstar, Inc. on a weekly basis to UBS FS based on data supplied by thevariable annuity which may not be current. Portfolio holdings of variable annuities change on a regular (oftendaily) basis. Accordingly, any analysis that includes variable annuities may not accurately reflect the currentcomposition of these variable annuities. If a variable annuity's underlying holding data is not available, it willremain classified as an annuity. All data is as of the date indicated in the report.Equity Style: The Growth, Value and Core labels are determined by Morningstar. If an Equity Style isunclassified, it is due to non-availability of data required by Morningstar to assign it a particular style.Equity Capitalization: Market Capitalization is determined by Morningstar. Equity securities are classified asLarge Cap, Mid Cap or Small Cap by Morningstar. Unclassified securities are those for which no capitalization isavailable on Morningstar.Equity Sectors: The Equity sector analysis may include a variety of accounts, each with different investment andrisk parameters. As a result, the overweighting or underweighting in a particular sector or asset class should notbe viewed as an isolated factor in making investment/liquidation decisions; but should be assessed on anaccount by account basis to determine the overall impact on the account's portfolio.Classified Equity: Classified equities are defined as those equities for which the firm can confirm the specificindustry and sector of the underlying equity instrument.Estimated Annual Income: The Estimated Annual Income is for informational purposes only and is calculatedby the annualized per share dividends/interest paid, multiplied by the quantity of the shares held in the selectedaccount(s). For Expected Cash Flow and Portfolio Holdings reports prior to June 23, 2023, savings products &sweep funds do not display such calculations and instead, values are displayed as N/A. For all other reports,Estimated Annual Income for savings products & sweep funds is not calculated or factored into aggregatecalculations and will be displayed as 0.Current Yield: Current Yield is estimated for informational purposes only and may not reflect changes in price.It's calculated by dividing the total estimated annual income by the current market value displayed. Current yieldcalculations display the current yield of the investment solely as of the date of this report. For Portfolio Holdingsreport generated prior to June 23, 2023, savings products & sweep funds do not include such information andinstead, values are displayed as N/A. For all other reports, Current Yield for savings products & sweep funds isnot calculated or factored into aggregate calculations and will be displayed as 0.YTM (at Market): Yield to Maturity (at Market) is the expected return of an interest-bearing security from thereport date, assuming that it is held to maturity with all coupon payments paid. For displays at the tax lot level,the Yield to Maturity is calculated based on the cost basis of that specific tax lot. For position level displays(consisting of multiple tax lots), Yield to Maturity is derived by using the weighted average cost basis of all theunderlying tax lots.YTW (at Market): Yield to Worst (at Market) is the expected return of an interest-bearing security from thereport date, assuming that it is held to the next call date or until maturity (if no next call date) with all couponpayments paid. For displays at the tax lot level, the Yield to Worst is calculated based on the cost basis of thatspecific tax lot. For position level displays (consisting of multiple tax lots), Yield to Worst is derived by using theweighted average cost basis of all the underlying tax lots.Bond Rating: These ratings are obtained from independent industry sources and are not verified by UBS FS.

Report created on: October 01, 2025 Page 32 of 35
Disclosures Applicable to Accounts at UBS Financial Services Inc. (continued) Securities without rating information are left blank. Rating agencies may discontinue ratings on high yieldsecurities.NR: When NR is displayed under bond rating column, no ratings are currently available from that rating agency.High Yield: This report may designate a security as a high yield fixed income security even though one or morerating agencies rate the security as an investment grade security. Further, this report may incorporate a ratingthat is no longer current with the rating agency. For more information about the rating for any high yield fixedincome security, or to consider whether to hold or sell a high yield fixed income security, please contact yourfinancial advisor or representative and do not make any investment decision based on this report.Credit/Event Risk: Investments are subject to event risk and changes in credit quality of the issuer. Issuers canexperience economic situations that may have adverse effects on the market value of their securities.Interest Rate Risk: Bonds are subject to market value fluctuations as interest rates rise and fall. If sold prior tomaturity, the price received for an issue may be less than the original purchase price.Reinvestment Risk: Since most corporate issues pay interest semiannually, the coupon payments over the lifeof the bond can have a major impact on the bond's total return.Call Provisions: When evaluating the purchase of a corporate bond, one should be aware of any features thatmay allow the issuer to call the security. This is particularly important when considering an issue that is trading ata premium to its call price, since the return may be negatively impacted if the issue is redeemed. Should an issuebe called, investors may be faced with an earlier than anticipated reinvestment decision, and may be unable toreinvest their principal at equally favorable rates.Effective Maturity: Effective maturity is the expected redemption due to pre-refunding, puts, or maturity anddoes not reflect any sinking fund activity, optional or extraordinary calls. Securities without a maturity date areleft blank and typically include Preferred Securities, Mutual Funds and Fixed Income UITs.Yields: Yield to Maturity and Yield to Worst are calculated to the worst call.Accrued Interest: Interest that has accumulated between the most recent payment and the report date may bereflected in market values for interest bearing securities.Bond Averages: All averages are weighted averages calculated based on market value of the holding, notincluding accrued interest.Tax Status: "Taxable" includes all securities held in a taxable account that are subject to federal and/or state orlocal taxation. "Tax-exempt" includes all securities held in a taxable account that are exempt from federal, stateand local taxation. "Tax-deferred" includes all securities held in a tax-deferred account, regardless of the statusof the security.Bond sensitivity analysis: This analysis uses Modified Duration which approximates the percentage pricechange of a security for a given change in yield. The higher the modified duration of a security, the higher itsrisk. For callable securities, modified duration does not address the impact of changing interest rates on a bond'sexpected cash flow as a result of a call or prepayment.

Amortization and Accretion: Prior to March 2008, amortization was calculated using the straight line methodfor tax exempt securities and was not calculated for taxable securities. Post March 2008, amortization iscalculated using the constant yield method. Prior to October 2008, accretion due to original issue discount wasnot calculated. Post October 2008, accretion due to original issue discount is calculated using the constant yieldmethod. Prior to January 2015, accretion due to market discount was calculated using the straight line method.Post January 2015, accretion due to market discount is calculated using the constant yield method. We assumethe securities are held to par and premiums are calculated to call date. Amortization and accretion values may beincorrect due to adjustments related to cost basis. You may hold additional fixed income securities that may notappear on this report. Please refer to your account statements for information regarding all of your holdings.Gain/Loss: The gain/loss information may include calculations based upon non-UBS FS cost basis information.The firm does not independently verify or guarantee the accuracy or validity of any information provided bysources other than UBS FS. In addition, for Schedule K-1 reported investments, such as alternative investmentfunds, please refer to your annual K-1 and 1099 tax forms. If this report contains positions with unavailable costbasis, the gain/(loss) for these positions are excluded in the calculation for the Gain/(Loss). As a result thesefigures may not be accurate and are provided for informational purposes only. Clients should not rely on thisinformation in making purchase or sell decisions, for tax purposes or otherwise. Rely only on year-end tax formswhen preparing your tax return. See your monthly statement for additional information.Accounts Included in this Report: The account listing may or may not include all of your accounts with UBSFS. The accounts included in this report are listed under the "Accounts included in this review" shown on thefirst page or listed at the top of each page. If the account is a donor advised fund account, the assets in thoseaccounts are owned by the Sponsoring Charitable Organization, and not the donor. You and your financialadvisor have procured the appropriate authorization to view the assets in the donor advised fund account. If anaccount number begins with "@" this denotes assets or liabilities held at other financial institutions. Informationabout these assets, including valuation, account type and cost basis, is based on the information you provided tous, or provided to us by third party data aggregators or custodians at your direction. We have not verified, andare not responsible for, the accuracy or completeness of this information.Account name(s) displayed in this report and labels used for groupings of accounts can be customizable"nicknames" chosen by you to assist you with your recordkeeping or may have been included by your financialadvisor for reference purposes only. The names used have no legal effect, are not intended to reflect anystrategy, product, recommendation, investment objective or risk profile associated with your accounts or anygroup of accounts, and are not a promise or guarantee that wealth, or any financial results, can or will beachieved. All investments involve the risk of loss, including the risk of loss of the entire investment.For more information about account or group names, or to make changes, contact your Financial Advisor.Account changes: At UBS, we are committed to helping you work toward your financial goals. So that we maycontinue providing you with financial advice that is consistent with your investment objectives, please considerthe following two questions:1) Have there been any changes to your financial situation or investment objectives?2) Would you like to implement or modify any restrictions regarding the management of your account?If the answer to either question is "yes," it is important that you contact your Financial Advisor as soon aspossible to discuss these changes. For MAC advisory accounts, please contact your investment manager directlyif you would like to impose or change any investment restrictions on your account.

Report created on: October 01, 2025 Page 33 of 35
Disclosures Applicable to Accounts at UBS Financial Services Inc. (continued) ADV disclosure: A complimentary copy of our current Form ADV Disclosure Brochure that describes theadvisory program and related fees is available through your Financial Advisor. Please contact your FinancialAdvisor if you have any questions.Important information for former Piper Jaffray and McDonald Investments clients: As anaccommodation to former Piper Jaffray and McDonald Investments clients, these reports include performancehistory for their Piper Jaffray accounts prior to August 12, 2006 and McDonald Investments accounts prior toFebruary 9, 2007, the date the respective accounts were converted to UBS FS. UBS FS has not independentlyverified this information nor do we make any representations or warranties as to the accuracy or completenessof that information and will not be liable to you if any such information is unavailable, delayed or inaccurate.For insurance, annuities, and 529 Plans, UBS FS relies on information obtained from third party services itbelieves to be reliable. UBS FS does not independently verify or guarantee the accuracy or validity of anyinformation provided by third parties. Information for insurance, annuities, and 529 Plans that has been providedby a third party service may not reflect the quantity and market value as of the previous business day. Whenavailable, an "as of" date is included in the description.Investors outside the U.S. are subject to securities and tax regulations within their applicable jurisdiction that arenot addressed in this report. Nothing in this report shall be construed to be a solicitation to buy or offer to sellany security, product or service to any non-U.S. investor, nor shall any such security, product or service besolicited, offered or sold in any jurisdiction where such activity would be contrary to the securities laws or otherlocal laws and regulations or would subject UBS to any registration requirement within such jurisdiction.Performance History prior to the account's inception at UBS Financial Services, Inc. may have been included inthis report and is based on data provided by third party sources. UBS Financial Services Inc. has notindependently verified this information nor does UBS Financial Services Inc. guarantee the accuracy or validity ofthe information.Important information about brokerage and advisory services. As a firm providing wealth managementservices to clients, UBS Financial Services Inc. offers investment advisory services in its capacity as an SECregistered investment adviser and brokerage services in its capacity as an SEC-registered broker-dealer.Investment advisory services and brokerage services are separate and distinct, differ in material ways and aregoverned by different laws and separate arrangements. It is important that clients understand the ways in whichwe conduct business, that they carefully read the agreements and disclosures that we provide to them about theproducts or services we offer. For more information, please review client relationship summary provided at ubs.com/relationshipsummary. UBS Financial Services account protectionThe Firm is a member of the Securities Investor Protection Corporation (SIPC), which protects securitiescustomers of its members up to $500,000 (including $250,000 for claims for cash). Explanatory brochureavailable upon request or at www.sipc.org. The SIPC asset protection limits apply to all accounts that you hold ina particular capacity.The Firm, together with certain affiliates, has also purchased supplemental insurance. The maximum amountpayable to all eligible clients, collectively under this protection is $500 million as of December 10, 2019. Subjectto the policy conditions and limitations, cash at the Firm is further protected for up to $1.9 million in theaggregate for all your accounts held in a particular capacity. A full copy of the policy wording is available uponrequest.

Neither the SIPC protection nor the supplemental protection apply to:
• Certain financial assets controlled by (and included in your account value) but held away from UBS Financial Services. For example certain (i) insurance products, including variable annuities,and (ii) shares of mutual funds registered in the name of the account holder on the books ofthe issuer or transfer agent); • Investment contracts or investment interests (e.g., limited partnerships and private placements) that are not registered under the Securities Act of 1933; • Commodities contracts (e.g., foreign exchange and precious metal contracts), including futures contracts and commodity option contracts;
• Securities on loan to UBS Financial Services; and• Deposit accounts (except certificates of deposit) at UBS Bank USA, UBS AG U.S. branches and banks in the FDIC Insured Deposit Program.

The SIPC protection and the supplemental protection do not apply to these assets even if they otherwise appearon your statements. The SIPC protection and the supplemental protection do not protect against changes in themarket value of your investments (whether as a result of market movement, issuer bankruptcy or otherwise).Non-UBS Assets and Liabilities: This report is not intended to provide you with consolidated information orreporting regarding your holdings at other firms. However, at your request, this report may include informationregarding assets that you hold at other financial institutions so that you may review your asset allocation and/orinvestment strategy in the context of your overall holdings. You should review and maintain the originaldocuments for these assets, such as the statements for individual accounts held away from UBS. Thosedocuments may contain notices, disclosures and other information important to you, and may also serve as areference should questions arise regarding the accuracy of that information as presented in this report.The information presented for accounts held at other financial institutions has been provided to UBS at yourdirection through your agreement with an Outside Asset Data Aggregation Service. These accounts have beenadded to this report at your request and are automatically updated to reflect the most recent data received fromthe custodian. Information may have also been provided based on documents and valuation you provided toyour Financial Advisor. These accounts have been added to this report at your request and may not reflect thecurrent valuation.If an account number begins with "@" this denotes assets or liabilities held at other financial institutions.Information about these assets, including valuation, account type and cost basis, is based on the information youprovided to us, or provided to us by third party data aggregators or custodians at your direction. We have notverified, and are not responsible for, the accuracy or completeness of this information.If the information you or your custodians provided to us is not current, inclusion of these assets will impact theaccuracy of the current asset allocation and other analysis presented. We do not provide purchase, sale or holdrecommendations or advice with respect to your assets at other firms and do not assume responsibility foractivity you conduct at other financial institutions.UBS’s SIPC coverage applies to assets held at UBS. If you maintain assets at other firms that may be SIPCmembers, you should contact their financial representative or the other entity or refer to the other entitysstatement regarding SIPC membership. Your UBS Financial Services Inc. account statements are the only official Report created on: October 01, 2025 Page 34 of 35
Disclosures Applicable to Accounts at UBS Financial Services Inc. (continued) record of your UBS holdings and account and are not replaced, amended or superseded by any of theinformation presented in this report.Assets that you hold at other financial institutions are priced using the closing price reported on the last businessday preceding the date of this report. Every reasonable attempt has been made to accurately price securities;however, we make no warranty with respect to any security’s price. To determine the value of securities in youraccount, we generally rely on third party quotation services. If a price is unavailable or believed to be unreliable,we may determine the price in good faith and may use other sources such as the last recorded transaction.When securities are held at another custodian or if you hold illiquid or restricted securities for which there is nopublished price, we will generally rely on the value provided by the custodian or issuer of that security.The value of assets held at other financial institutions is based on the "Last Refresh Date" displayed. Up todate valuation and information can be obtained directly from the custodian of your assets. The accountstatements you receive from your third party custodian regarding the assets you hold with them are the officialrecord of your holdings and accounts and are not impacted or superseded by the information in this report.Account balances and security pricing will always display in U.S. Dollars even if assets in your Outside Accountsare denominated in other currencies. UBS will convert any values received in the Outside Account Information toU.S. Dollars using foreign exchange rates from UBS as of the previous business.Report created on: October 01, 2025 Page 35 of 35

STAFF REPORT
TO: Mayor and Council Members DATE: October 28, 2025
FROM: Police Department DISTRICT(S): Citywide
SUBJECT: Accept the Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant PT26120 award and authorize an increase in estimated revenues in the amount of $120,000 and appropriate expenditures in the same amount to the OTS Account #28250940

RECOMMENDATION
That the City Council:

1. Accept the Office of Traffic Safety STEP Grant PT26120 award; and

2. Authorize an increase in estimated revenues and a supplemental appropriation in the amount of $120,000 in the OTS STEP Grant Fund 282.

STRATEGIC FOCUS AREAS
Goal 4 Sustainable Infrastructure

EXECUTIVE SUMMARY
The Glendora Police Department applied for a STEP reimbursement grant through the State of California OTS to cover costs associated with driving under the influence (DUI) enforcement and other traffic safety related operations. The department also requested funds to replace outdated electronic citation (e-cite) devices and the associated printers. The Department was awarded $120,000 in grant funds for these purposes. A budget adjustment needs to be authorized to appropriate funds according to the grant requirements.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The OTS's mission is to administer traffic safety grant funds provided by the National Highway Traffic Safety Administration (NHTSA). The grant funds are intended to create and maintain programs to address current and future traffic safety needs. OTS also conducts public awareness campaigns and acts as a primary traffic safety resource to enlist the help of the general public and the media to reinforce the ongoing education and enforcement efforts of local agencies. The Glendora Police Department has historically received grants from OTS to support our Department's traffic enforcement and training efforts, with the most recent grant award in FY25 for $125,000.

The purpose of the STEP grant is to utilize best practice strategies to reduce the number of individuals seriously injured or killed in collisions involving alcohol and other unsafe driving behaviors. The strategies include special enforcement operations and public awareness campaigns. The program's strategies are also designed to attract media attention to enhance the overall deterrent effect. In addition to the staffing resources covered by the grant, the grant also funds training, DUI check point supplies, and other related equipment.

On January 23, 2025, the Glendora Police Department applied for the OTS STEP grant to seek reimbursement for staffing costs associated with extra traffic enforcement operations and funds to update the department's outdated e-cite system.

DISCUSSION
The OTS awarded the Glendora Police Department a $120,000 STEP grant, effective October 1, 2025, through September 30, 2026.

Amount Description/Use
$92,317
For overtime costs associated with conducting DUI checkpoints, warrant service operations, collaborative DUI enforcement operations, Know Your Limit campaigns, traffic enforcement, pedestrian and bicycle enforcement, traffic safety educational presentations, and distracted driving enforcement.
$1,982 For travel expenses to attend grant related conferences and training events that support the traffic safety grant goals and objectives.
$2,701 For purchase of DUI checkpoint supplies.
$3,000 For purchase of Preliminary Alcohol Screening (PAS) devices and/or associated supplies. $2,000 For purchase of IOS e-cite software which will be downloaded to the police unit cell phones, eliminating the need for the outdated e-cite devices.
$18,000 For purchase of new electronic citation printers, compatible with the new IOS e-cite software. $120,000 Total Grant Award

FISCAL IMPACT
The budgeted revenues and expenses in the Office of Traffic Safety Fund 282 will be adjusted by $120,000 in the manner listed above.

ENVIRONMENTAL DETERMINATION
There are no CEQA impacts associated with the recommendations in this report.

Prepared By: Julie Linger, Business Services Manager
Concurs With: Not Applicable
Reviewed By: Mike Randazzo, Police Chief
Certified to Availability of Funds: Kyle Johnson, Finance Director/City Treasurer Approved By: Adam Raymond, City Manager
Legal Review: Danny Aleshire, City Attorney
CEQA Review: Not Applicable
Attachments
A_Grant_Agreement_-_PT26120.pdf
B_Power_point_presentation.pdf
9/30/2025 8:36:51 AM Page 1 of 21
State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT26120

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Glendora From:

To:
10/01/2025
09/30/2026 4. AGENCY UNIT TO ADMINISTER GRANT
Glendora Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed:

Allocation is contingent upon availability of federal funds. $120,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Julie Linger
Public Safety Management Analyst
[email protected]
(626) 852-4880
150 S. Glendora Avenue
Glendora, CA 91741-3380
ADDRESS: Chris Stabio
Captain
[email protected]
(626) 914-8274
150 S. Glendora Avenue
Glendora, CA 91741-3380
{{_es_signer2_signature}} {{_es_signer2_date}} {{_es_signer4_signature}} {{_es_signer4_date}} (Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY ADDRESS: Natasha Woolford
Assistant Finance Director
[email protected]
(626) 852-5256
116 E Foothill Blvd.

Glendora, CA 91741
ADDRESS: Stephanie Dougherty
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
{{_es_signer3_signature}} {{_es_signer3_date}} {{_es_signer6_signature}} {{_es_signer6_date}} (Signature) (Date) (Signature) (Date)
9/30/2025 8:36:51 AM Page 2 of 21
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

K3F1VJ28JHF5
150 S Glendora Ave
Glendora
91741-3416
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES
405e DDL-26 20.616 0521-0890-101 2025 04/25 BA/25 $4,100.00 405c TR-26 20.616 0521-0890-101 2025 04/25 BA/25 $20,000.00 164AL-26 20.608 0521-0890-101 2025 04/25 BA/25 $75,000.00 402PT-26 20.600 0521-0890-101 2025 04/25 BA/25 $20,900.00

AGREEMENT
TOTAL $120,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$120,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE {{_es_signer5_signature}} {{_es_signer5_date}} $120,000.00 9/30/2025 8:36:51 AM Page 3 of 21
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT26120

1. PROBLEM STATEMENT
Describe the city, county, or jurisdiction this grant will impact.

The City of Glendora was founded in 1887 and was incorporated as a general law city, county of Los Angeles in 1911. It encompasses approximately 19.5 square miles at the base of the San Gabriel Mountains and has a population of approximately 52,500. Glendora is primarily a residential community with a community college, and several business districts, including retail, restaurants, car dealerships and light industry.

Nearly 500 new homes, condominiums, and townhomes have been proposed, approved, are under construction, or have recently been completed. Over 100,000 additional square feet of retail or commercial space has been proposed, approved to be added, or completed in the last year. Based on the Southern California Association of Governments (SCAG) projection, our traffic flows will potentially have an on-going 2% ambient growth per year.

Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats).

The City of Glendora had a total of182 injury traffic crashes in 2024. This is a slight increase (.03%) from our total injury crashes in 2023. This slight increase is still a drastic decrease from the previous year's increase which was 33%. We believe the maintenance of this number is due to our continued extra enforcement conducted throughout the year. The top three primary crashfactors in the injury traffic crash this year were unsafe speed (28 crashes with 33 injured), failure to stop for red traffic signals (20 crash with 31 injured), and failure to yield when making a left or U-turn (17 crashes with 33 injured). These three primary crash factors accounted for nearly 55% of the total injury traffic crashes.

The city had a 12% increase in alcohol involved injury crashes, from 8 crashes in 2023 to 9 crashes 2024.

There were 10 injuries and one death involved in these nine crashes. We had a total of 97 DUI arrests in 2024, an almost 13% increase from the 86 arrests we had in 2023. Though our alcohol involved crashes have increased, our DUI arrests have also increased proportionally. We believe the continued enforcement is leading to the increase in arrests and hope the continued education and press releases regarding our continuing enforcement actions will help decrease these numbers in the future. With the completion of the Gold Line station and the potential of more commuters visiting our downtown area, and other areas of the city, we believe there will be a continued need for extra traffic enforcement to continue to curb an increase in these categories. The addition of DRE and SFST trained officers will assist in identifying DUI drivers and will better equip our officers in identifying drivers under the influence of drugs, alcohol, or any combination of the two.

DUI incidents are typically at their highest during the winter holiday period (Christmas and New Year’s), Memorial Day, Independence Day, and the end of summer vacation/Labor Day period. Other times of high incident DUI crimes and crashes continue to include Halloween, Super Bowl Sunday, St. Patrick’s Day, Cinco de Mayo, and local festivals/events with identified DUI problems. Significant progress has been made in reducing the frequency of fatal DUI crashes when law enforcement agencies coordinate awareness campaigns and enforcement efforts with local, regional, and national efforts. Nationwide, traffic deaths have declined dramatically; however, DUI deaths have not dropped at the same rate which indicates the need to continue to coordinate efforts between law enforcement, community-based-organizations, and media outreach. In the past, the Glendora Police Department had coordinated efforts for all of Los Angeles County. The Glendora Police Department continues to be committed to coordinate training, public awareness, education, media efforts as well as disseminating traffic safety information. The Glendora Police Department is eager to work within the Collaborative DUI Enforcement and Collaborative Traffic Enforcement as outlined in this STEP grant application for the upcoming year.

Pedestrians injured in traffic crashes increased 50% from a total of 10 in 2023, to 15 in 2024, while bicyclists injured during the same period decreased from 8 to 6 (with an increase in e-bikes involved). With the completion of the train station in this grant period, we believe there will be an increase in bicycle and pedestrian traffic near the station and the potential for these numbers to continue increasing. We believe it 9/30/2025 8:36:51 AM Page 4 of 21
will be even more important to have extra targeted traffic enforcement to help curb the potential for an even greater increase in crashes involving pedestrians and bicyclists.

Our injury hit and run crashes stayed the same for 2024 with a total of seven crashes, while our nighttime injury crashes saw a slight increase from 11 in 2023 to 13 in 2024. We believe extra nighttime traffic enforcement can help reduce this increase.

Define the target population the grant intends to serve and how they are affected by the problem(s).

Because of our college population, the increase in condominiums and townhomes, and the soon to be completed train station, our target population will be young adults, teen drivers, and train station commuters (pedestrians and bicyclists) requiring education and enforcement in many areas. We would like to particularly focus our education efforts on e-bike and pedestrian safety since we have seen an increase in both being involved in crashes.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a news release announcing the kick-off of the grant by December 31st. The kick-off news releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 3 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 1 9/30/2025 8:36:51 AM Page 5 of 21

6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
1 7. Send law enforcement personnel to the DRE Recertification training. 1

8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
2 9. Conduct DUI Saturation Patrol operation(s). 14

10. Conduct Warrant Service operation(s) targeting multiple DUI offenders who fail to appear in court.
2 11. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
15 12. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
3 13. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 1 14. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 15. Conduct Know Your Limit campaigns with an effort to reach members of the community.
4 16. Participate in highly visible collaborative DUI Enforcement operations. 2

17. Participate in highly visible collaborative Traffic Enforcement operations. 1

18. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
2 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 Conduct all training needed to implement the program, in the first quarter.  Purchase all grant related supplies and materials to implement the program, in the first quarter.  Items with a unit cost of $5,000 more (including tax and shipping) must comply with Buy America.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements
Issue a news release approved by the OTS PIO announcing the kick-off of the grant by December 31 and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements
9/30/2025 8:36:51 AM Page 6 of 21
The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Send all PowerPoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.  Pre-approval is not required when using any OTS-supplied template for media advisories, news releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a news release, educational material, or link to social media post.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator.
 News releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are EXEMPT from the OTS PIO approval process.

The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are EXEMPT from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with the embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult the OTS PIO and copy your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
 Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs. 9/30/2025 8:36:51 AM Page 7 of 21
 Any news releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.  Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
9/30/2025 8:36:51 AM Page 8 of 21
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT26120

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
405e DDL-26 20.616 Distracted Driving Laws $4,100.00
405c TR-26 20.616 State Traffic Safety Information
System Improvements
$20,000.00
402PT-26 20.600 State and Community Highway
Safety
$20,900.00
164AL-26 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$75,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-26 $12,500.00 2 $25,000.00
DUI Saturation Patrols 164AL-26 $2,075.00 14 $29,050.00 Warrant Service Operations 164AL-26 $1,800.00 2 $3,600.00 Collaborative DUI Enforcement 164AL-26 $1,040.00 2 $2,080.00 Know Your Limit 164AL-26 $1,127.00 4 $4,508.00
Benefits for 164AL OT @ 11.48% 164AL-26 $64,238.00 1 $7,375.00 Traffic Enforcement 402PT-26 $950.00 15 $14,250.00
Pedestrian and Bicycle Enforcement 402PT-26 $910.00 1 $910.00 Collaborative Traffic Enforcement 402PT-26 $910.00 1 $910.00 Traffic Safety Educational Presentations 402PT-26 $450.00 2 $900.00 Benefits for 402PT OT @ 11.48% 402PT-26 $16,970.00 1 $1,948.00 Distracted Driving Enforcement 405e DDL26$1,225.93 3 $3,678.00 Benefits for 405e OT @ 11.48% 405e DDL26$3,678.00 1 $422.00 Category Sub-Total $94,631.00
B. TRAVEL EXPENSES
In State Travel 402PT-26 $1,982.00 1 $1,982.00
$0.00
Category Sub-Total $1,982.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-26 $3,387.00 1 $3,387.00
Mobile Printer 405c TR26$1,000.00 18 $18,000.00
E-Cite Software Update 405c TR26$2,000.00 1 $2,000.00
9/30/2025 8:36:51 AM Page 9 of 21
Category Sub-Total $23,387.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $120,000.00
9/30/2025 8:36:51 AM Page 10 of 21
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT26120

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Warrant Service Operations - Overtime for grant funded Warrant Service Operations conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Know Your Limit - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.

Benefits for 164AL OT @ 11.48% - Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.

Benefit breakdown:

Medicare 1.45%
Worker’s Comp 10.03%
Total Benefits 11.48%
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel.

Benefits for 402PT OT @ 11.48% - Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.

Benefit breakdown:

Medicare 1.45%
Worker’s Comp 10.03%
Total Benefits 11.48%
Distracted Driving Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Benefits for 405e OT @ 11.48% - Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.

Benefit breakdown:

Medicare 1.45%
Worker’s Comp 10.03%
Total Benefits 11.48%

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum. Local mileage for grant activities and meetings is included. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
9/30/2025 8:36:51 AM Page 11 of 21
-

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device Supplies, PAS Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed.

Mobile Printer - Mobile printers to be used with electronic citation devices for traffic officers to print the citation in the field. Costs include the purchase of the printer, accessories, and associated shipping and taxes.

E-Cite Software Update - A traffic citation database system software update, using a hand-held device, to collect citation data electronically in the field, print a violator copy of the citation, and transfer the information electronically to the agency RMS system and the courts for prosecution. The system is used by traffic officers to improve the efficiency and accuracy of writing traffic citations. Costs include the purchase of electronic citation software update, licenses, accessories, and training.

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant. 9/30/2025 8:36:51 AM Page 12 of 21
State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT26120
Appendix A to Part 1300—Certifications and Assurances for Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117- 58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.

Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
 The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
 Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the
Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not);  Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38
9/30/2025 8:36:51 AM Page 13 of 21
The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT order 1050.2A) [1]in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the 9/30/2025 8:36:51 AM Page 14 of 21
form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any subrecipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or 9/30/2025 8:36:51 AM Page 15 of 21
rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES) 9/30/2025 8:36:51 AM Page 16 of 21

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—PRIMARY TIER

COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and 9/30/2025 8:36:51 AM Page 17 of 21
its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of 9/30/2025 8:36:51 AM Page 18 of 21
records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—LOWER TIER

COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

DISCLOSURE REQUIREMENTS
9/30/2025 8:36:51 AM Page 19 of 21
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient.

If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website ( www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 9/30/2025 8:36:51 AM Page 20 of 21

INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS

1. Each agency is allowed a total of FIVE (5) GEMS Users.

2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims.

3. Complete the form if adding, removing or editing a GEMS user(s).

4. The Grant Director must sign this form and return it with the Grant Agreement.

CURRENT GEMS USER(S)

1. Shirley Feng
Title: Senior Accountant - Finance Media Contact: No
Phone: (626) 852-5223
Email: [email protected]

2. Kyle Johnson
Title: Finance Director Media Contact: No
Phone: (626) 852-4890
Email: [email protected]

3. Julie Linger
Title: Public Safety Management Analyst Media Contact: Yes Phone: (626) 852-4880
Email: [email protected]

4. Natasha Woolford
Title: Assistant Finance Director Media Contact: No
Phone: (626) 852-5256
Email: [email protected]
State of California – Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access Exhibit C

GRANT NUMBER
PT26120

GRANT DETAILS
Grant Number: PT26120
Agency Name: Glendora Police Department
Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: $120,000.00
Authorizing Official: Chris Stabio
Fiscal Official: Natasha Woolford
Grant Director: Julie Linger
9/30/2025 8:36:51 AM Page 21 of 21
Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1
Add/Change {{[]c11_es_:signer1}} Remove Access {{[] c12_es_:signer1}} Add as a media contact? Yes {{[]c1_es_:signer1}} No{{[]c2_es_:signer1}} {{UserName1_es_:signer1 }} {{UserTitle1_es_:signer1 }}
Name Job Title
{{UserEmail1_es_:signer1 }} {{UserPhone1_es_:signer1 }} Email address Phone number
GEMS User 2
Add/Change {{[]c13_es_:signer1}} Remove Access {{[]c14_es_:signer1}} Add as a media contact? Yes {{[]c3_es_:signer1}}No {{[]c4_es_:signer1}} {{UserName2_es_:signer1 }} {{UserTitle2_es_:signer1 }}
Name Job Title
{{UserEmail2_es_:signer1 }} {{UserPhone2_es_:signer1 }} Email address Phone number
GEMS User 3
Add/Change {{[]c15_es_:signer1}} Remove Access {{[]c16_es_:signer1}} Add as a media contact? Yes {{[]c5_es_:signer1}}No {{[]c6_es_:signer1}} {{UserName3_es_:signer1 }} {{UserTitle3_es_:signer1 }}
Name Job Title
{{UserEmail3_es_:signer1 }} {{UserPhone3_es_:signer1 }} Email address Phone number
GEMS User 4
Add/Change {{[]c17_es_:signer1}} Remove Access {{[]c18_es_:signer1}} Add as a media contact? Yes {{[]c8_es_:signer1}}No {{[]c7_es_:signer1}} {{UserName4_es_:signer1 }} {{UserTitle4_es_:signer1 }}
Name Job Title
{{UserEmail4_es_:signer1 }} {{UserPhone4_es_:signer1 }} Email address Phone number
GEMS User 5
Add/Change {{[]c19_es_:signer1}} Remove Access {{[]c20_es_:signer1}} Add as a media contact? Yes {{[]c9_es_:signer1}}No {{[]c10_es_:signer1}} {{UserName5_es_:signer1 }} {{UserTitle5_es_:signer1 }}
Name Job Title
{{UserEmail5_es_:signer1 }} {{UserPhone5_es_:signer1 }} Email address Phone number
Form completed by: {{Sig_es_:signer1:signature}} Date: {{Dte1_es_:signer1:date}} As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. {{Sig_es_:signer2:signature}} {{Name1_es_:signer2:fullname }} Signature Name
{{Dte2_es_:signer2:date}} Grant Director
Date Title
Julie Linger (Sep 30, 2025 08:39:13 PDT)
Julie Linger Sep 30, 2025

OFFICE OF TRAFFIC SAFETY STEP GRANT AWARD
POLICE

CITY COUNCIL
OCTOBER 28, 2025

JULIE LINGER, BUSINESS SERVICES MANAGER

BACKGROUND
The State of California’s Office of Traffic Safety administers funds provided by the National Highway Traffic Safety Administration.

The objective of the Selective Traffic Safety Program (STEP) funds are to reduce the number of individuals seriously injured or killed in traffic collisions involving alcohol or other unsafe driving behaviors.

Strategies include special enforcement operations, public awareness campaigns, and providing specialized training for officers.

In January 2025, the Police Department applied for the STEP grant, requesting funds for traffic enforcement operations, training, checkpoint supplies, and an update to our outdated electronic cite (e-cite) system.

BACKGROUND
On September 30th, the Department was awarded $120,000 in grant funds to cover the requested items.

Amount Description/Use
$92,317 Overtime costs associated with conducting DUI checkpoints, warrant service operations, collaborative DUI enforcement operations, Know Your Limit campaigns, traffic enforcement, pedestrian and bicycle enforcement, traffic safety educational presentations, and distracted driving enforcement.
$1,982 Travel expenses for training
$2,701 DUI Check point supplies
$3,000 Preliminary Alcohol Screening (PAS) devices and associated supplies $2,000 IOS e-cite software
$18,000 E-cite printers
$120,000 Total Grant Award

FISCAL IMPACT
The budgeted revenues and expenses in the Office of Traffic Safety account will be adjusted by $120,000 in the manner stated in the grant award.

RECOMMENDATION
THAT THE CITY COUNCIL:

1. Accept the OTS STEP Grant PT26120 award; and

2. Authorize an increase in estimated revenues and a supplemental appropriation in the amount of $120,000 in the OTS STEP Grant Fund 282.

STAFF REPORT
TO: Mayor and Council Members DATE: October 28, 2025
FROM: Recreation and Human
Services
DISTRICT(S): Citywide
SUBJECT: Approve the Agreement with Miracle Playground Sales for Shade Structure for Gladstone Park in an amount not to exceed $186,141

RECOMMENDATION
That the City Council:

1. Adopt a CEQA Notice of Exemption for Capital Improvement Project Gladstone Park Shade Structure and Picnic Site Installation;

2. Approve an Agreement with Miracle Playground Sales for Gladstone Park Shade Structure and Picnic Site Installation in the amount of $186,141; and

3. Authorize the City Manager or his designee to execute the agreement with Miracle Playground Sales including minimal and/or non-substantive changes.

STRATEGIC FOCUS AREAS
Goal 5: Improve and Maintain the City’s Infrastructure and Facilities (IMCIF)

EXECUTIVE SUMMARY
Gladstone Park is located at 600 E. Gladstone Street and is one of the more utilized parks within the City. The park has several amenities, including two separate playground areas, a handball court, several picnic site areas and a restroom building. The future addition to the Glendora Urban Trail will also go through Gladstone Park.

One thing that Gladstone Park is lacking, is a picnic site - similar to what is located at Finkbiner Park. The proposed picnic site would provide a space with ten tables for seating, one prep table, one barbeque, and four trashcans.

This will be a space that is available to rent.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Per GMC Section 2.40.110(c)(7), competitive procurement through the informal procurement and formal procurement process shall not be required when cooperative purchasing is available and undertaken or when services can be obtained through federal, state and/or other public entity pricing contracts or price agreements. 1GPA is a national non-profit governmental purchasing cooperative which allows public entities to take advantage of existing contracts to purchase the goods and services they need from local and national vendors. 1GPA contracts are approved and awarded by 1GPA's lead governmental entities and are available for use and benefit of all entities complying with their own state procurement laws and regulations. As a participating agency of 1GPA, Glendora can legally utilize 1GPA cooperative purchasing agreements. Miracle Playground Sales 1GPA contract number 23-07P-07 is through November 16, 2025.

For over 25 years, Miracle Playground Sales has been a leader in park and recreation equipment solutions known for their expertise, creativity, and unparalleled customer service. Their goal is to provide safe, durable, challenging, and innovative park, playground, and splash pad designs customized to meet community needs.

DISCUSSION
Gladstone Park, located at 600 E. Gladstone Street, serves as one of the most active and well-frequented community parks in Glendora. With diverse set of amenities, including two playground areas, a handball court, multiple picnic areas, and a public restroom facility- the park remains a central gathering place, offering recreational value to individuals and families throughout the community.

The park is expected to gain even more visibility and foot traffic in the near future, as it will serve as a key point along the next expansion of the Glendora Urban Trail. This planned trail connection will further integrate the park into the City's broader active transportation and recreation network.

Despite its popularity and diverse offerings, one amenity currently missing from Gladstone Park is a shade structure picnic site. A similar area has proven successful and well-utilized at Finkbiner Park. To address this gap, staff is proposing the development of a new picnic site at Gladstone Park, located just south of the wash and northeast of the restroom building (Attachment D). The proposed site will include:

Ten (10) concrete picnic tables,
One (1) prep table
One (1) barbeque
Four (4) trash receptacles
The new amenity will reflect the design and functionality of the group picnic area at Finkbiner Park, which has been well-received by park patrons and serves as a valuable community resource. By establishing a similar facility at Gladstone Park, the City aims to expand access to group gathering spaces in the southern area of Glendora, promoting a more equitable distribution of park resources citywide. This project will not involve the removal or relocation of any existing tables or benches currently in the park.

In addition to enhancing user experience, the installation of another group picnic area that can be reserved offers potential revenue-generating opportunities. Rentals will be available at City Council approved rates, which will follow the established fee structure used at other City parks.

Staff will coordinate with relevant departments to ensure the new picnic site is designed and build to meet city standards and community needs.

FISCAL IMPACT
There are sufficient funds available in Amended FY2025-27 Two-Year Budget in the Capital Projects Fund (301) Capital Improvement Fund.

DESCRIPTION AMOUNT
Project Budget $274,250
Miracle Playground SalesConstruction $186,141
Remaining Budget $88,109

ENVIRONMENTAL DETERMINATION
The City of Glendora, as lead agency, is responsible for preparing environmental documentation in accordance with CEQA. A Draft Notice of Exemption (NOE) has been prepared (Attachment A) for the project pursuant to the State CEQA Guidelines (i.e., Class 3 small structures / Class 4 minor alterations to land).

Prepared By: Megan Stone, Administrative Assistant
Concurs With: Not Applicable
Reviewed By: John Aguirre, Recreation and Human Services Director Certified to Availability of Funds: Kyle Johnson, Finance Director/City Treasurer Approved By: Adam Raymond, City Manager
Legal Review: Danny Aleshire, City Attorney
CEQA Review: Jeff Kugel, Community Development Director Attachments
A_Draft_Notice_Of_Exemption_-_Gladstone_Shade_Structure.pdf B_Agreement.pdf
C_1GPA_Contract_23-07P-07.pdf
D_Gladstone_Park_Shade_Structure_Site_Map.pdf
Project Title: Gladstone Park Shade Structure and Picnic Installation Project Location: Gladstone Park: 600 E. Gladstone Street, Glendora CA.

Project Sponsor: City of Glendora
Mailing Address: 116 E. Foothill Blvd., Glendora CA 91741 General Plan Land Use Designation: Open Space
Zoning Designation: E-7 (Single Family Estate)
Project Description: The proposed project includes minor improvements to an existing city park. The scope includes the excavation and removal of approximately 2,000 square feet of existing turf and soil, the pouring of a concrete pad (approximately 2,000 square feet), and installation of a fabric shade structure and several fixed concrete picnic tables. The project is designed to enhance public usability of the park and provide shaded seating for visitors. No trees will be removed and all work will be conducted within previously disturbed, developed park land.

Surrounding Land Uses and Setting: Gladstone Park is a public park Gladstone Park is a public city park located in a developed urban neighborhood in Glendora, California. Surrounding land uses include various residential zones consisting primarily of single-family homes and an adjacent fire department station to the east.

The Community Development Director recommends the following exempt status / findings:

Ministerial (Sec. 15073)
Declared Emergency (Sec. 15071(a))
Emergency Project (Sec. 15071(b) and (c))
Categorical Exemption
Type: New Construction or Conversion of Small Structures §15303 –Class 3 (New Construction or Conversion of Small Structures) and §15304 –Class 4 (Minor Alterations to Land) Statutory Exemption. Code Number:

Reasons why project is exempt: The project involves minor improvements to an existing public park facility. The work consists of installing small new structures such as a shade canopy and concrete tables (Class 3), and minor grading and land alteration involving less than 2,500 square feet of surface area (Class 4). The project will not impact sensitive resources, will not result in cumulative environmental effects, and is not located on a hazardous waste site, historic resource, or scenic highway. Therefore, the project does not trigger any exceptions listed under CEQA Guidelines §15300.2.

Date:

Jeff Kugel, Director, Community Development Department
The above recommended exempt status and findings were adopted by the following body:

Glendora City Council on October 28, 2025
Date:

John Aguirre, Director, Recreation & Human Services Department (626) 914-8236

CITY OF GLENDORA
116 East Foothill Boulevard, Glendora, California 91741 California Environmental Quality Act

NOTICE OF EXEMPTION

AGREEMENT FOR PUBLIC WORKS SERVICES
By and Between

CITY OF GLENDORA
and
MIRACLE PLAYGROUND SALES, INC.

Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 PW Agreement – Miracle Playground Sales (Gladstone Park Shade Structure and Picnic Installation) 10.28.2025 1

AGREEMENT FOR PUBLIC WORKS SERVICES

BETWEEN THE CITY OF GLENDORA AND

MIRACLE PLAYGROUND SALES, INC
THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this _____ day of __________, 2025 by and between the City of Glendora, a California municipal corporation (“City”) and Miracle Playground Sales, Inc., a Nevada corporation (“Contractor”). City and Contractor may sometimes be referred to herein, individually as a “Party” or collectively, as the “Parties.”

RECITALS
A. This Agreement is entered into in accordance with Glendora Municipal Code (“GMC”) Section 2.40.110(c)(7) with respect to the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Contractor, following submission of a proposal for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Glendora Municipal Code and California state law, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of those services described herein and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

ARTICLE 1. WORK OF CONTRACTOR

1.1 Scope of Work.

Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specification and requirements of the City, including the terms and conditions set forth in Exhibit “A” and Exhibit “B” for the Project (as defined below) (the “Project Documentation”). In compliance with all terms and conditions of this Agreement, and as described in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 PW Agreement – Miracle Playground Sales (Gladstone Park Shade Structure and Picnic Installation) 10.28.2025 2 materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Bid Documents.

The Scope of Work shall include the terms set forth in Contractor’s proposal (the “Proposal”) for the project entitled Gladstone Park Shade Structure and Picnic Installation (the “Project”), along with the Project Documentation, all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the Proposal or the Project Documentation and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by state law and DIR regulations. Pursuant to Labor Code Section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor’s or any of its subcontractors’ DIR registration status has been suspended, revoked, expired, or otherwise changed.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. (c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.

Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 PW Agreement – Miracle Playground Sales (Gladstone Park Shade Structure and Picnic Installation) 10.28.2025 3 (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.

Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Sections 1810 and 1811. As required under Labor Code Section 1812, Contractor and each of its subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by them in connection with the work performed under the terms of this Agreement.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials _______________
Rob Fryhoff
Partner
Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 PW Agreement – Miracle Playground Sales (Gladstone Park Shade Structure and Picnic Installation) 10.28.2025 4 (i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
(b) Pursuant to Public Contract Code Section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions at the Project site, materially different from those indicated by information about the Project site made available to bidders prior to the deadline for submitting bids on the Project; or (iii) unknown physical conditions at the Project site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, the performance of any part of the work, the City shall issue a Change Order per Section 1.10 of this Agreement. (d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 PW Agreement – Miracle Playground Sales (Gladstone Park Shade Structure and Picnic Installation) 10.28.2025 5 increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the Parties.
(e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a Change Order per Section 1.10 of this Agreement.

1.7 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of this Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.8 Warranty.

Contractor warrants all work under this Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed or corrected and any non-conforming construction or materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in this Agreement, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance by the City for the Project, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the requirements under this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to any emergency condition or situation. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other subcontractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 PW Agreement – Miracle Playground Sales (Gladstone Park Shade Structure and Picnic Installation) 10.28.2025 6 and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.9 Inspection by City.

In connection with the performance of this Agreement, the City shall have the authority to enter the worksite at any time for the purpose of identifying the existence of conditions, either actual or threatened, that may present a danger or hazard to any and all employees. The Contractor agrees that the City, in its sole authority and discretion, may order the immediate abatement of any and all conditions that may present an actual or threatened danger or hazard to any and all employees at the worksite Contractor acknowledges the provisions of Section 6400 of the Labor Code, which requires that employers shall furnish employment and a place of employment that is safe and healthful for all employees working therein. In the event the City identifies the existence of any condition that presents an actual or threatened danger or hazard to any or all employees at the worksite, the City is hereby authorized to order the immediate abatement of that actual or threatened condition pursuant to this Section.

The City may also, at its sole authority and discretion, issue an immediate stop work order to the Contractor to ensure that no employee working at the worksite is exposed to a dangerous or hazardous condition. Any stop work order issued by the City to the Contractor in accordance with the provisions of this section shall not give rise to any claim or cause of action for delay damages by the Contractor or the Contractor’s agents or subcontractors against the City.

1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes to the work by altering, adding to or deducting from said work.

No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder. (b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer, provided that such increase does not materially affect the work in a manner or materially and detrimentally affect the interest of the City. Any greater increases, taken either separately or cumulatively, must be approved by the City Council.
(c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order that is completed to the satisfaction of the City, as follows:

Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 PW Agreement – Miracle Playground Sales (Gladstone Park Shade Structure and Picnic Installation) 10.28.2025 7 (i) Labor: The cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: The cost of materials and equipment shall be at cost to Contractor or the lowest current price for which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) Daily Reporting: If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes all invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include:
list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights to payment for the work performed for that day.
(d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.11 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $186,141 (One Hundred and Eighty Six Thousand One Hundred and Forty One Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 PW Agreement – Miracle Playground Sales (Gladstone Park Shade Structure and Picnic Installation) 10.28.2025 8 services less the contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Finance Director and/or the Contract Officer. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, include a copy of Contractor’s certified payroll and proof that the certified payroll has been submitted to the DIR, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall also submit a list of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. Contractor shall not invoice City for any duplicate services performed by more than one person.

City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 PW Agreement – Miracle Playground Sales (Gladstone Park Shade Structure and Picnic Installation) 10.28.2025 9

2.5 Waiver.

Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in the work performed by Contractor.

2.6 Retention.

City will deduct a five percent (5%) retention from all progress payments. In accordance with Public Contract Code Section 22300, which is hereby incorporated into this Agreement, City shall permit the substitution of securities for any moneys withheld by City to ensure performance under this Agreement. The retention held by the City shall be released within sixty (60) days after the date of completion of the work and the Project, as required by Government Code Section 7107.

In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed (“NTP”) by the Contract Officer and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Inspection and Final Acceptance.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 PW Agreement – Miracle Playground Sales (Gladstone Park Shade Structure and Picnic Installation) 10.28.2025 10 timely written acceptance, otherwise work shall be deemed to have been rejected. If City finds that Contractor’s work does not meet the requirements and standards set forth in this Agreement, Contractor shall remedy any defects in the work at Contractor’s sole expense, following notice by the City. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.

3.5 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding 1 (One) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act on its behalf with respect to the work specified herein and make all decisions in connection therewith:

Rob Fryhoff, Partner
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.

Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.

All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 PW Agreement – Miracle Playground Sales (Gladstone Park Shade Structure and Picnic Installation) 10.28.2025 11

4.3 Contract Officer.

The Contract Officer shall be Recreation & Human Services Director, or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer.

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in, or authority over, the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.

Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification obligations to the City (as set forth below), and prior to commencement of any services under this Agreement, Contractor shall obtain, Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 PW Agreement – Miracle Playground Sales (Gladstone Park Shade Structure and Picnic Installation) 10.28.2025 12 provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional Liability (errors & omissions) Insurance. Contractor shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the services hereunder by Contractor, its agents, representatives, employees or subcontractors. (c) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 PW Agreement – Miracle Playground Sales (Gladstone Park Shade Structure and Picnic Installation) 10.28.2025 13 to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (e) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any Party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 PW Agreement – Miracle Playground Sales (Gladstone Park Shade Structure and Picnic Installation) 10.28.2025 14 be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (n) City’s Right to Revise Specifications. The City reserves the right at any time during the term of this Contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, injuries or death of any person (including workers and the public), losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 PW Agreement – Miracle Playground Sales (Gladstone Park Shade Structure and Picnic Installation) 10.28.2025 15 (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities (with legal counsel approved by City) and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same.

Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.

Contractor’s obligations under this Section shall apply regardless of whether or not such claims or liabilities were caused in part or contributed to by the City or any Indemnified Parties. In instances where City or its Indemnified Parties is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City.

Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 PW Agreement – Miracle Playground Sales (Gladstone Park Shade Structure and Picnic Installation) 10.28.2025 16

5.4 Notification of Third-Party Claims.

City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

5.5 Performance and Labor Bonds.

Concurrently with execution of this Agreement, Contractor shall deliver to the City, the following:
(a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement (“Performance Bond”).
(b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement (“Payment Bond”).

Both the Performance Bond and Payment Bond required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement. .

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. In addition, the insurance carrier must be currently authorized by the Insurance Commissioner to transact business of insurance or be on the List of Approved Surplus Line Insurers issued by the State of California. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the bonds required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager.

5.7 Substitution of Securities.

Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor.

Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 PW Agreement – Miracle Playground Sales (Gladstone Park Shade Structure and Picnic Installation) 10.28.2025 17

5.8 Release of Securities.

City shall release the Performance and Payment Bonds when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the work for the Project has been finally accepted by the City; and (c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Payment Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the Project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the Project being designed.

Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 PW Agreement – Miracle Playground Sales (Gladstone Park Shade Structure and Picnic Installation) 10.28.2025 18

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use.

Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 PW Agreement – Miracle Playground Sales (Gladstone Park Shade Structure and Picnic Installation) 10.28.2025 19 ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes.
(a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant, in the sole and absolute discretion of the Project Manager. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on such invoices only when the default is cured to the satisfaction of the City. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. (b) Dispute Resolution. This Agreement is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Additionally, Section 9204 of the California Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein and the intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code with respect to any such claims by Contractor. This Section shall be construed to be consistent with said statutes.

For purposes of these procedures, the term “claim(s)” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for extra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to this Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.

Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 PW Agreement – Miracle Playground Sales (Gladstone Park Shade Structure and Picnic Installation) 10.28.2025 20

7.3 Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

7.6 Legal Action.

In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $1000 (One Thousand Dollars) as liquidated damages for each working day of delay in the performance of any of the services required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 PW Agreement – Miracle Playground Sales (Gladstone Park Shade Structure and Picnic Installation) 10.28.2025 21 by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the Project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Contractor.

If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.10 Attorneys’ Fees.

If either Party to this Agreement is required to initiate or defend or made a Party to any action or proceeding in any way connected with this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a Party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

7.11 Unfair Business Practices Claims.

In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 PW Agreement – Miracle Playground Sales (Gladstone Park Shade Structure and Picnic Installation) 10.28.2025 22 of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment by the Parties.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his / her financial interest or the financial interest of any corporation, partnership or association in which he/her is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 PW Agreement – Miracle Playground Sales (Gladstone Park Shade Structure and Picnic Installation) 10.28.2025 23 Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing.

Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. Each of the Parties intend to be bound by the signatures on any telecopied, .pdf or other electronically delivered document, and are aware that the other Party will rely on the telecopied, .pdf or other electronically delivered signatures, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of signature.

9.4 Integration; Amendment.

This Agreement including the attachments hereto (and the documents incorporated herein) is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either Party, this Agreement shall forthwith be amended to make such insertion or correction/
Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 PW Agreement – Miracle Playground Sales (Gladstone Park Shade Structure and Picnic Installation) 10.28.2025 24

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Contractor’s Authorized Initials ___________________
Rob Fryhoff
Partner

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. [SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 PW Agreement – Miracle Playground Sales (Gladstone Park Shade Structure and Picnic Installation) 10.28.2025 25 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF GLENDORA, a municipal corporation
Adam Raymond
City Manager
APPROVED AS TO FORM: CERTIFY AVAILABILITY OF FUNDS:

ALESHIRE & WYNDER, LLP
Danny Aleshire
City Attorney
Kyle Johnson
Finance Director/City Treasurer
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

MIRACLE PLAYGROUND SALES, INC., a Nevada
corporation
Name: Rob Fryhoff
Title: Partner
Email: [email protected]
Address:
1101 California Ave., Ste 209, Corona, CA 92881
Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 Oct 14, 2025 | 10:36 AM PDT
01240.0006 2042075.1 9/18/2025 A-1
EXHIBIT “A”

SCOPE OF WORK
I. Brief description of the work to be performed:

A. Mobilization, excavation and disposal of existing turf/soil of approximately 2,000 sqft., capping of existing irrigation lines, installation of concrete flatwork consisting of 6” concrete reinforced slab of approximately 2,000 sqft. and installation of a fabric shade structure at Gladstone Park, located at 600 E. Gladstone St. Glendora, CA 91740, as further detailed in Exhibit “C” attached hereto.

II. In addition to the requirements of Section 6.2, during performance of the work, Contractor will keep the City apprised of the status of performance by delivering the following status reports:

A. Contractor will provide City with weekly updates on the status of the Project. This includes and timeline changes, issues, or change orders needed.

III. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.

IV. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition and shall observe and perform all traffic control safe protocols while working in the public right of way and upon any City facilities.

Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 01240.0006 2042075.1 9/18/2025 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough.

None.

Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 01240.0006 2042075.1 9/18/2025 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates set forth below:

Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 01240.0006 2042075.1 9/18/2025 C-2
Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 01240.0006 2042075.1 9/18/2025 C-3
II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.

III. Within the budgeted amounts for each item set forth above in Part I, and with the approval of the Contract Officer, funds may be shifted from one item’s subbudget to another so long as the Contract Sum is not exceeded per Section 2.1.

IV. The City will compensate Contractor for the services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the services.

V. The total compensation for the services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.

Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 01240.0006 2042075.1 9/18/2025 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely in accordance with the following schedule:

Description Days to
Perform
Deadline Date
A. Mobilization, excavation
and disposal of existing
turf/soil of approximately
2,000 sq. ft., capping of
existing irrigation lines,
installation of concrete
flatwork 6” concrete
reinforced slab of
approximately 2,000 sq.ft.
and installation of a fabric
shade structure.
60 calendar
days
60 calendar days from the date
of a Notice to Proceed issued by
the City
II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 01240.0006 2042075.1 9/18/2025 D-1

PERFORMANCE BOND
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to __________________________________, as Contractor (“Principal”), a Contract for the work entitled and described as
follows:__________________________________________________; WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.

Executed on 20___.

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 01240.0006 2042075.1 9/18/2025 D-2
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.

Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 01240.0006 2042075.1 9/18/2025

PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to __________________________________, as Contractor (“Principal”), a Contract for the work entitled and described as
follows:__________________________________________________; WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.

Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.

Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 01240.0006 2042075.1 9/18/2025
Executed on , 20____.

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.

Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 01240.0006 2042075.1 9/18/2025

WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Glendora
Project: _____________________________________________
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.

The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to any cancellation of said policy.

POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:

Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 01240.0006 2042075.1 9/18/2025
Insurance Company Agent for Service
of Process in California:

Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein.

This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy.

NOTICE:

No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company.

Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 01240.0006 2042075.1 9/18/2025

ADDITIONAL INSURED ENDORSEMENT

COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 01240.0006 2042075.1 9/18/2025
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager, City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380.

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 01240.0006 2042075.1 9/18/2025
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 01240.0006 2042075.1 9/18/2025

ADDITIONAL INSURED ENDORSEMENT

AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 01240.0006 2042075.1 9/18/2025
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 01240.0006 2042075.1 9/18/2025
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 01240.0006 2042075.1 9/18/2025

ADDITIONAL INSURED ENDORSEMENT

EXCESS LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 01240.0006 2042075.1 9/18/2025

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
□ Following Form
□ Umbrella Liability
□

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NO. AMOUNT

12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:

13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

14. This is an □ occurrence or □ claims made policy (check one).

15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30 01240.0006 2042075.1 9/18/2025
(signatures on following page)
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Docusign Envelope ID: BEF5F161-90D1-4442-AAA9-060458FADD30

GENERAL SOLICITATION
23‐07P

PLAYGROUND SOLUTIONS
1GPA
1910 W Washington St
Phoenix, AZ 85009
RELEASE DATE: August 17, 2022
DEADLINE FOR QUESTIONS: September 27, 2022
RESPONSE DEADLINE: October 6, 2022, 11:00 am
RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:
https://secure.procurenow.com/portal/1gpa
1GPA

GENERAL SOLICITATION
Playground Solutions
I. Introduction...........................................................................................

II. Project Details........................................................................................

III. Vendor Submissions ..............................................................................

Attachments:

IFB_23‐07P.pdf

General Solicitation #23‐07P
Title: Playground Solutions
3 1. INTRODUCTION

1.1. Summary
The purpose of this Invitation for Bid (IFB) is to establish contracts with responsive and responsible firms that provide a wide array of Playground Solutions. The intent is to cover the entire nature of Playground products and services for the use of 1GPA Members on an as‐needed basis. Products may include but are not limited to: playground equipment, water play equipment, shade structures, playground surfaces, etc. Any applicable services that align with Playground Solutions such as installation, demolition of existing structures, inspections, maintenance and repairs, consulting, etc. are also included.

1.2. Background
1Government Procurement Alliance (1GPA), is a non‐profit national governmental purchasing cooperative which allows public agencies to take advantage of existing contracts to purchase the goods and services they need from local and national vendors. Eligible using members include school districts, charter schools, universities, colleges, cities, towns, municipalities, counties, states, local governments, federal government, Native American communities, fire districts, and any other political subdivision.

The Pinal County Education Service Agency’s (PCESA) Mary C. O’ Brien Accommodation District (MCOB) acts as a Lead Agency for 1GPA. PCESA provides programs and services for approximately 45,000 students within 21 public school districts, in addition to the growing number of private and charter schools within Pinal County. Also served by PCESA is a large Indian community including parts of the Tohono O’odham Nation (Papago & Pima Indians), the San Carlos Apache Indian Reservation, and Gila River Indian Community, along with the entirety of the Ak‐Chin Indian Community Pinal County was founded in 1875 and is located in the central part of Arizona between Maricopa County (Phoenix) on the north and west sides, Gila County also on the north, Pima County (Tucson) on the south and Graham County on the East. It covers an area of 5,374 square miles. The estimated population in 2017 was 430,200 and growing. The county seat is located in Florence, AZ as is the Pinal County School Superintendent’s office.
1GPA currently holds Contract 18‐04P Playground Solutions with twelve (12) vendors. The contract is in the fifth and final year, expiring November 16, 2022 at which time this contract will become effective.

1.3. Contact Information
Rebecca Seifert
1GPA
1910 W Washington St
Phoenix, AZ 85009
Email: [email protected]
Phone: (480) 524‐2593
Department:

Procurement
General Solicitation #23‐07P
Title: Playground Solutions
4 1.4. Timeline
Release Project Date August 17, 2022
Pre‐Bid Meeting (Non‐Mandatory) August 31, 2022, 10:00am Virtual through Zoom
Join Zoom Meeting:
https://us06web.zoom.us/j/5812883005
Meeting ID: 581 288 3005
+1 669 444 9171 US
https://us06web.zoom.us/u/kd5Yqtqwcn
Question Submission Deadline September 27, 2022, 5:00pm Submission Deadline October 6, 2022, 11:00am
General Solicitation #23‐07P
Title: Playground Solutions
5 2. PROJECT DETAILS

2.1. Important Instructions for Electronic Submittal
1GPA is accepting electronic bid submissions. Bidders shall create a FREE account with OpenGov Procurement by signing up at https://procurement.opengov.com/signup. Once you have completed account registration, browse back to this page, click on "Submit Response", and follow the instructions to submit the electronic bid.

2.2. Scope of Work or Project Details
Please refer to the Scope of Work in the Solicitation Document.

General Solicitation #23‐07P
Title: Playground Solutions
6 3. VENDOR SUBMISSIONS

3.1. Bid Requirements*
Confirm that you have read the requirements of the solicitation and your firm's full understanding of the requirements of the Scope of Work detailed in the Solicitation Document and the ability of your firm to comply with all the terms requirements, and conditions of the resultant contract. ☐ Please confirm
*Response required

3.2. General Information

3.2.1. Bid Inquiries*
Please provide the name, title, phone number, and email address for the person 1GPA may contact for questions regarding your firm's response to this solicitation. *Response required

3.2.2. Contract Administration Requirements*
Do you understand the Cooperative Purchasing Program and will you comply will the contract administration requirements of 1GPA?
☐ Yes
☐ No
*Response required

3.2.3. Administration Fee*
Confirm your firm's understanding that 1GPA's 1% administration fee shall be included in the net price and shall not be added to approved contract prices if awarded. ☐ Yes
☐ No
*Response required

3.2.4. History of the Firm*
Provide a brief history of the firm.
*Response required

3.2.5. Years of Experience*
Provide the number of years your firm has been providing the products/services being offered. *Response required
General Solicitation #23‐07P
Title: Playground Solutions
7 3.2.6. Locations*
Upload a list of your firm's offices, warehouses and/or storefront locations. *Response required

3.2.7. Dealers/Resellers
MANUFACTURERS: Provide a list of authorized dealers/resellers (if applicable). Dealers/resellers shall be bound to the contract terms and conditions and pricing schedule.

3.2.8. Corporation Commission*
Upload your registration information with the Arizona Corporation Commission or other state(s) as applicable.
*Response required

3.2.9. Subcontractors*
Please download the below document, complete, and upload.  Subcontractor_List.docx
*Response required

3.2.10. Contractor's License
Please upload copies of your firm's current contractor's licenses or a current license list that includes ROC (Registrar of Contractors) numbers (if applicable).

3.2.11. References*
Provide five (5) references, preferably government entities, for which your firm has provided similar products/services in the past. Please download the below documents, complete and upload. Each reference should complete the Performance Evaluation below. Upload responses here as well. Multiple files are acceptable.
 References_23‐07P.pdf
 Performance_Evaluation_23‐0...
*Response required

3.3. Cost

3.3.1. Cost Form*
Please download the below document, complete, and upload. Be sure to complete all tabs of the Excel Workbook.
 Cost_Form_23‐07P_Amend_1.xlsx
*Response required
General Solicitation #23‐07P
Title: Playground Solutions
8 3.3.2. Application of Minimum Discounts*
Explain how the minimum discounts included under Tab 1‐Manufacturers Disc of the Cost Form will be applied and presented to the Member.
*Response required

3.3.3. Extended Warranty
If your firm offers extended warranties, please upload program information and pricing here.

3.3.4. Fixed Price Schedules, Manufacturers' Price Lists and Supplemental Information ‐ Cost
Please upload any other pricing information you would like to include with your response here (if applicable) such as information regarding additional products and services, fixed price lists (if not included on the Excel Cost Form), manufacturers' price lists, etc.

3.4. Forms

3.4.1. Standard Forms*
Please download, complete and upload the forms contained within the document below. Each form should be completed in its entirety and signed by the authorized representative. Forms include:
 Bidder's Bid and Contract Acceptance Form
 Non‐Collusion Affidavit
 2CFR Section 200 Certifications
 Financial Disclosure Questionnaire
 Debarment Certification
 Antitrust Certification
 Minority/Women Business Enterprises and Historically Underutilized Business  Confidential/Proprietary Submittals
 Certificate of Liability Insurance
 W‐9
 Forms_Combined.pdf
*Response required

3.4.2. Bid Bond*
School procurement rules require that all competitive sealed procurement for construction have bid security, if the amount of the construction contract will exceed the amount established by Arizona General Solicitation #23‐07P
Title: Playground Solutions
9 Administrative Code (A.A.C.) R7‐2‐1002(A). Bid security as a percentage of the bid amount is unacceptable, as this is a term contract with no specific bid amount.

Bidders shall include acceptable bid security in the amount of $100,000 with submission of their Bid.

Acceptable bid security for this solicitation will be a certified check, or an annual or one‐time bid bond underwritten by a surety company licensed to issue bonds in the appropriate state construction will take place, with the principal being the prime contractor and 1GPA being the Agency of Record.

Upload a copy of an acceptable bid security here. For vendors submitting bonds, the associated Power of Attorney should also be uploaded here. Multiple files are acceptable if needed. Contact Rebecca Seifert at [email protected] for submittal instructions prior to the bid due date and time if your firm intends on submitting a certified check as bid security.  Bid_Bond_Form_23‐07P.pdf
*Response required
1Government Procurement Alliance (1GPA) 1910 W. Washington St Phoenix, AZ 85009 Phone: 866-306-3893 Fax: 602-663-9515 Website: www.1gpa.org The following is a Cooperative Solicitation, released via Mary C. O’Brien Accommodation School/Pinal County ESA as the lead agency of 1Government Procurement Alliance:

Invitation for Bid # 23-07P
Playground Solutions
Bid Due Date and Time:

IFB Opening Location:

September 27, 2022 at 11:00 A.M. Arizona Time
Opening will be held publicly virtually:

Join Zoom Meeting:
https://us06web.zoom.us/j/5812883005
Meeting ID: 581 288 3005
+1 669 444 9171 US
https://us06web.zoom.us/u/kd5Yqtqwcn
Electronic Submittals: OpenGov Procurement – https://procurement.opengov.com/portal/1gpa See enclosed information for submittal instructions.

Last Day for Questions: September 14, 2022 at 5:00 P.M. Arizona Time Optional Pre-Bid Conference: August 31, 2022 at 10:00 A.M. Arizona Time virtually Join Zoom Meeting:
https://us06web.zoom.us/j/5812883005
Meeting ID: 581 288 3005
+1 669 444 9171 US
https://us06web.zoom.us/u/kd5Yqtqwcn
In accordance with the Arizona procurement code and rules, Competitive Sealed Bids for the materials or services specified will be received electronically by 1GPA, via OpenGov Procurement, until the time and date cited. Bids received by the correct time and date shall be opened, via OpenGov Procurement, and the vendor’s name and pricing shall be publicly read at the location indicated above. All other information contained in the Bid shall remain confidential until award is made. Late solicitations shall not be considered.

To be considered, solicitations shall be submitted electronically via OpenGov Procurement, https://procurement.opengov.com/portal/1gpa. Submittal instructions for OpenGov Procurement can be found on the last page of this document under Exhibit A. Additional instructions for preparing a solicitation are provided herein. Bidders are strongly encouraged to carefully read the entire solicitation document.

Questions regarding this Invitation for Bid should be directed to: Rebecca Seifert, Procurement Specialist Email: [email protected]
Phone: 866-306-3893
Christy Knorr, Vice President Jill Broussard, Superintendent 1Government Procurement Alliance (1GPA) Mary C. O’Brien Accommodation School/Pinal County ESA Date Issued: August 17, 2022
1GPA 23-07P Playground Solutions Page 2 of 39

TABLE OF CONTENTS
Documents Referenced Page 3
Introduction Page 4
Definition of Terms Page 5
Uniform Instructions to Bidders Page 6
Uniform Terms and Conditions Page 11
Special Terms and Conditions Page 19
Scope of Work Page 28
Submittal Requirements Page 34
FORM – Bid Bond Page 36
FORM – Performance Bond Page 37
FORM – Payment Bond Page 38
Exhibit A – OpenGov Procurement Submission Instructions Page 39 1GPA 23-07P Playground Solutions Page 3 of 39

DOCUMENTS REFERENCED
You may access a complete copy of the documents referenced within this solicitation at the following web addresses:

Arizona:

Arizona Revised Statutes (A.R.S.) is available at
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp The Arizona School District Procurement Rules in the Arizona Administrative Code (A.A.C.) is available at http://apps.azsos.gov/public_services/Title_07/7‐02.pdf All Other States:

For a full listing of Intergovernmental Purchasing Statutes by state, visit the 1GPA website able at: http://1gpa.org/state-statutes/ Local Governments website (USA.gov): http://www.usa.gov/Agencies/Local_Government/Cities.shtml Federal:

I.R.S. W-9 form (Request for Taxpayer I.D. Number) is available at http://www.irs.gov/pub/irs-pdf/fw9.pdf
Education Department General Administrative Regulations (EDGAR), 2 C.F.R. §§ 200.318-326 https://www.gpo.gov/fdsys/pkg/CFR-2014-title2-vol1/xml/CFR-2014-title2-vol1-part200-subpartD.xml 1GPA 23-07P Playground Solutions Page 4 of 39

INTRODUCTION
Who are we?
1Government Procurement Alliance (1GPA), is a non-profit national governmental purchasing cooperative which allows public agencies to take advantage of existing contracts to purchase the goods and services they need from local and national vendors.

Eligible using members include school districts, charter schools, universities, colleges, cities, towns, municipalities, counties, states, local governments, federal government, Native American communities, fire districts, and any other political subdivision.

What do we do?
We provide contracts for a broad range of commodities and services that are available to the Cooperative eligible members through a government purchasing cooperative or Interlocal agreement. All of our contracts are competitively procured and awarded in compliance with state statutes, procurement laws and regulations.

Contracts are approved and awarded by 1GPA’s lead governmental entities and are only available for use and benefit of all entities complying with state procurement laws and regulations.

Why are we preferred?
The Cooperative’s pooled purchasing power means public and private schools, cities, counties and state agencies, non-profits, as well as colleges, universities and Native American communities can save actual budget dollars on our contracts utilizing best business practices.

Our agency is dedicated to negotiating the best contracts with the best firms locally or nationally to ensure our members receive quality products and services at the best price.

We service our members by providing in-house knowledge of public procurement practices in conjunction with quality business practices to mainstream the purchasing process for large and complex solicitations that can take up to 6 to 12 months for our members on their own.

We pride our firm on our commitment to compliance, innovation, and collaboration.

As a government purchasing cooperative, 1GPA offers its Members access to a broad range of vendors whose goods and services have been competitively procured by 1GPA, in coordination with its governmental lead agencies.  When conducting competitive solicitations, 1GPA takes all steps necessary to comply with federal, state and local procurement laws applicable to both the Lead Agency identified in the solicitation, as well asto 1GPA.  Each Member must make its own independent determination as to (1) whether the Member may, under laws applicable to the Member, lawfully purchase particular goods or services through purchasing cooperatives, and (2) whether the Member must comply with any additional procedures required under laws applicable to the Member prior to completing a cooperative purchase.  1GPA makes no representations or warranties to its Members, or to any vendors, regarding such matters. 1GPA 23-07P Playground Solutions Page 5 of 39

DEFINITION OF TERMS
A complete list of definitions can be found in the Arizona Administrative Code R7-2-1001. The terms listed below are defined as follows:
“Attachment” means any item the Solicitation requires the Bidder to submit as part of the Bid. “Bidder” means a person submitting a Bid in response to an Invitation for Bids “Contract” means the combination of the Solicitation, including the Special Instructions to Bidders, Special Terms and Conditions, and the Specifications and Statement or Scope of Work/Services; the Bid; and any Solicitation Amendments or Contract Amendments, and Member purchase orders.
"Contract Amendment" means a written document signed by the 1GPA that is issued for the purpose of making changes in the Contract. “Contractor” means any person who has a Contract with the 1GPA. “Cost” means the aggregate cost of all materials and services, including labor performed by force account. “Days” means calendar days and shall be computed pursuant to A.R.S. 1-243. “Exhibit” means any item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the solicitation. “Governing Body” means any group comprised of elected or appointed officials, such as School District Governing Boards, City Councils, County Supervisors, Board of Regents, etc., which has the authority to make fiduciary decisions for a Member organization. “Gratuity” means a payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received. “Materials” means all property, including equipment, supplies, printing, insurance and leases of property but does not include land, a permanent interest in land or real property or leasing space. “Member” means the non-profit entities, public and private schools (including independent school districts and charter schools), education service centers, colleges, universities, municipalities, counties, political subdivisions, and other governmental entities and agencies throughout the United States that have followed local governing authority allowing them to utilize contracting vehicles procured and administered by 1GPA. “Offer” means a response to a Solicitation.
“Offeror” means a person submitting an offer in response to a Solicitation. “Person” means any corporation, business, individual, union, committee, club, other organization or group of individuals. “Procurement Officer” means the person duly authorized to enter into and administer Contracts and make written determinations with respect to this Solicitation or his or her designee.
“Purchase Order or PO” means the agreed-upon purchase order or other form of binding contract document between the 1GPA member and the Vendor which is used in making a purchase under a 1GPA contract. “Responsible Bidder or Offeror” means a person who at the time of contract award has the capability to perform the Contract requirements with the integrity and reliability which will assure good faith performance. “Responsive Bidder or Offeror” means a person who submits a bid or proposal which conforms in all material respects to the Invitation for Bids or Request for Proposals.
“Services” means the furnishing of labor, time or effort by a contractor or subcontractor which does not involve the delivery of a specific end product other than required reports and performance, but does not include employment agreements or collective bargaining agreements. “Solicitation” means an Invitation for Bids (“IFB”), a Request for Proposal (“RFP”), or a Request for Quotations (“RFQ”). “Solicitation Amendment” means a written document that is authorized by the Procurement Officer and issued for the purpose of making changes to the Solicitation.
“Subcontract” means any Contract, express or implied, between the Contractor and another party or between a subcontractor and another party delegating or assigning, in whole or in part, the making or furnishing of any material or any service required for the performance of the Contract.

UNIFORM INSTRUCTIONS TO BIDDERS
1GPA 23-07P Playground Solutions Page 6 of 39

1. Inquiries
A. Duty to Examine - It is the responsibility of each Bidder to examine the entire Solicitation, seek clarification in writing, and check its Bid for accuracy before submitting the Bid. Lack of care in preparing a Bid shall not be grounds for withdrawing the Bid after the Bid due date and time nor shall it give rise to any Contract claim.

B. Solicitation Contact Person - Any inquiry related to a Solicitation, including any requests for or inquiries regarding standards referenced in the Solicitation, shall be directed solely to the Solicitation contact person.

C. Submission of Inquiries - Questions and/or clarifications concerning this IFB will be accepted in writing through September 14, 2022, by 5:00 p.m. Request may be transmitted via email or submitted through the OpenGov Procurement online portal.

Responses and amendments to this IFB, if necessary, are scheduled to be issued by September 19, 2022 by 5:00 p.m. No Bidder may rely upon oral responses made by any 1GPA employee or any representative. Questions and/or clarifications concerning this IFB shall be directed to Rebecca Seifert, Procurement Specialist at [email protected] or submitted via the OpenGov Procurement portal located at https://procurement.opengov.com/portal/1gpa.

D. Solicitation Amendments/Addenda - The Solicitation shall only be modified by a Solicitation Amendment or Addendum. 1GPA will not be responsible for Bidders adjusting their Bid based on oral instructions by any member of 1GPA or lead agency personnel.

E. Pre-Bid Conference - If a Pre-Bid Conference has been scheduled under this Solicitation, the date, time, and location shall appear on the Solicitation cover sheet or elsewhere in the Solicitation. A Bidder should raise any questions it may have about the Solicitation or the procurement at that time. A Bidder may not rely on any verbal responses to questions at the conference.

Material issues raised at the conference that result in changes to the Solicitation shall be answered solely through a written Solicitation Amendment or Addendum.

F. Bid Opening: Bids shall be electronically submitted via OpenGov Procurement prior to the specified due date and time.

Bids shall be opened immediately following the bid due date and time, and at the place designated on the cover page of this document, unless amended in writing by 1GPA. The name of each Bidder and the pricing submitted will be read at this time.

All Bids and any modifications and other information received in response to the Invitation for Bid shall be shown only to authorized 1GPA personnel having a legitimate interest in the evaluation. After contract award, the Bids and evaluation document shall be open for public inspection.

G. Time Stamp: Bids will be time stamped when received by OpenGov Procurement. Bids will be accepted up to but no later than the time indicated in the Invitation for Bid (IFB). Bids received after the time stated in the IFB will not be considered and will remain unopened. Bidders assumes the risk of any delay in their submission. 1GPA strongly recommends that you give yourself sufficient time and at least ONE (1) day before Bid Due Date and Time to begin the uploading process and to finalize your submission.

H. Persons with Disabilities - Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the appropriate Solicitation contact person. Requests shall be made as early as possible to allow time to arrange the accommodation.

2. Bid Preparation
A. Forms: - A Bid shall be submitted either on the forms provided in this Solicitation or their substantial equivalent. Any substitute document for the forms provided in this Solicitation will be legible and contain the same information requested on the form.

B. Typed or Ink Corrections. - The Bid should be typed or in ink. Erasures, interlineations or other modifications in the Bid should be initialed in ink by the person signing the Bid. Modifications shall not be permitted after Bids have been opened except as otherwise provided under R7-2-1030.

C. Signature(s) on Bids - The Bid and Contract Acceptance document should be submitted with an original ink signature or electronic signature by the person authorized to sign the Bid. Failure to sign the Bid and Contract Acceptance document may result in rejection of the Bid.

UNIFORM INSTRUCTIONS TO BIDDERS
1GPA 23-07P Playground Solutions Page 7 of 39
D. Exceptions to Terms and Conditions - All exceptions included with the Bid shall be submitted in a clearly identified separate section of the Bid in which the Bidder clearly identifies the specific paragraphs of the Solicitation where the exceptions occur. Any exceptions not included in such a section shall be without force and effect in any resulting Contract unless such exception is specifically referenced by the Procurement Officer in a written statement. The Bidder’s preprinted or standard terms will not be considered as a part of any resulting Contract. A Bid that takes exception to a material requirement of any part of the Solicitation, including terms and conditions, shall be rejected.

E. Subcontracts - Bidder shall clearly list any proposed subcontractors and the subcontractor’s proposed responsibilities in the Bid.

F. Cost of Bid Preparation - 1GPA will not reimburse any Bidder the cost of responding to a Solicitation.

G. Solicitation Amendments/Addenda - Unless otherwise stated in the Solicitation, each Solicitation Amendment or Addendum should be acknowledged by the person signing the Bid. Failure to acknowledge a material Solicitation Amendment or Addendum or to follow the instructions for acknowledgement of the Solicitation Amendment/Addendum may result in rejection of the Bid.

H. Provision of Tax Identification Numbers - Bidders are required to provide their Arizona Transaction Privilege Tax number and/or Federal Tax Identification number, if applicable, in the space provided on the Bid and Acceptance form and provide the tax rate and amount, if applicable, on the Price Sheet.

I. Taxes:

1. Federal Excise Tax - Arizona School Districts/public entities are exempt from certain Federal Excise Tax on manufactured goods.

2. Transaction Privilege Taxes - Arizona School Districts/public entities are subject to all applicable state and local transaction privilege taxes. Transaction Privilege Taxes in Arizona include State, County and City taxes.

3. Property Taxes - Arizona School Districts/public entities do not pay state property taxes.

4. Taxes on Shipping - Transaction privilege tax may not be collected on delivery charges to the Member’s location if separately stated on the invoice.

5. Payment of Taxes – Member is responsible for payment for all taxes listed on the invoice. Contractor is responsible for collection such taxes and shall forward all taxes to the proper revenue office.

All Other States - Other states may have different tax requirements and laws. The tax laws in each state shall be followed by the awarded vendor. It is the responsibility of the vendor to be familiar with the laws and statutes in the state in which they are conducting business.

J. Disclosure - If the firm, business, or person submitting this Bid has been debarred, suspended or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any Federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the Bidder shall fully explain the circumstances relating to the preclusion or proposed preclusion in the Bid. The Bidder shall include a letter with its Bid setting forth the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided.

K. Solicitation Order of Precedence - In the event of a conflict in the provisions of this Solicitation and any subsequent contracts, the following shall prevail in the order set forth below:

1. Addenda/Amendments;

2. Special Terms and Conditions;

UNIFORM INSTRUCTIONS TO BIDDERS
1GPA 23-07P Playground Solutions Page 8 of 39

3. Uniform General Terms and Conditions;

4. Scope of Work/Specifications;

5. Attachments;

6. Exhibits;

7. Special Instructions;

8. Uniform Instructions to Bidders.

L. Delivery - Unless stated otherwise in the Solicitation, all prices shall be F.O.B. Destination and shall include all delivery and unloading at the destination(s). Contractor shall provide delivery of goods, and/or performance of services in accordance with the needs of the 1GPA Member. Products delivered must conform to the products listed under this contract and may not be substituted with nonconforming products. Contractor agrees to pay for and arrange for return of goods that are defective.

3. Submission of Bid
A. Bid Submission - Each Bid shall be submitted electronically to OpenGov Procurement by the due date and time at https://procurement.opengov.com/portal/1gpa. Submittal instructions for OpenGov Procurement can be found on the last page of this document under Exhibit A. 1GPA will not consider a bid submitted by any other method other than OpenGov Procurement.

B. Bid Amendment or Withdrawal – A Bidder may modify or withdraw a Bid in writing at any time before Bid opening if the modification or withdrawal is received before the Bid due date and time designated in the Solicitation. A Bid may not be amended or withdrawn after the Bid due date and time except as otherwise provided under R7-2-1028.

C. Public Record/Confidentiality - Under applicable law, all Bids submitted and opened are public records and must be retained by 1GPA. Bids shall be open to public inspection after Contract award, except for such Bids deemed to be confidential by 1GPA pursuant to R7-2-1006.

If Bidder believes that its Bid contains trade secrets or other proprietary data not be disclosed as otherwise required by A.R.S. §39-121, a statement advising 1GPA of this fact shall accompany the Bid, and the information shall be so identified wherever it appears. Requests to deem the entire Bid as confidential, contract terms and conditions, pricing, and information generally available to the public are not considered confidential information under this Section.

D. Certification - By signing the Bid and Acceptance form or other official contract form, the Bidder certifies that:

1. The prices have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor; the prices which have been quoted have not been nor will not be disclosed directly or indirectly to any other Bidder or to any competitor; nor attempt has been made or will be made to induce any person or firm to submit or not to submit, a Bid for the purpose of restricting competition. It did not engage in collusion or other anti-competitive practices in connection with the preparation or submission of its Bid and that the Bidder has taken steps and exercised due diligence to ensure that no violation of A.R.S. § 15-213(O) has occurred; and

2. It does not discriminate against any employee, applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and that it complies with all applicable federal, state, and local laws and executive orders regarding employment, including, Federal Executive Order 11246, Arizona State Executive Order 99-4, 2000-4, A.R.S. §41-1461 through 1465; and

3. The Bidder warrants that it and all proposed subcontracts will maintain compliance with Federal Immigration and Nationality Act (FINA), ARS § 41-4401 and § 23-214, and all other Federal immigration laws and regulations related to the immigration status of its employees which requires compliance with Federal immigration laws by employers, contractors and subcontractors in accordance with the E-Verify Employee Eligibility Verification Program; and

4. The Bidder 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 the submitted Bid. Failure to provide a valid signature affirming the stipulations required by this clause shall result in rejection

UNIFORM INSTRUCTIONS TO BIDDERS
1GPA 23-07P Playground Solutions Page 9 of 39
of the Bid. Signing the Bid with a false statement shall void the Bid, any resulting contract and may be subject to legal remedies provided by law; and

5. By submission of this Bid, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency or otherwise lawfully prohibited from participating in any public procurement activity, including, but not limited to, being disapproved as a subcontractor of any public procurement unit or other governmental body; and

6. By submission of this Bid, that no Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a Cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal Contract, grant, loan or cooperative agreement; and

7. In accordance with ARS § 35-392, the Bidder is in compliance and shall remain in compliance with the Export Administration Act.

8. The Bidder warrants that it and all proposed subcontracts are not currently engaged in, and agrees for the duration of this Contract/Agreement that it will not engage in, a boycott of Israel, as that term is defined in A.R.S. § 35-393 and Texas Gov’t Code 2270.002.

9. The Bidder warrants that it shall comply with the fingerprinting requirements, unless otherwise exempted, in accordance with A.R.S. § 15-512.

4. Additional Information
A. Unit Price Prevails - Where applicable, in the case of discrepancy between the unit price or rate and the extension of that unit price or rate, the unit price or rate shall govern.

B. Taxes - The amount of any applicable transaction privilege or use tax of a political subdivision of the state of Arizona is not a factor in determining the lowest Bidder.

C. Late Bids, Modifications or Withdrawals - A Bid, Modification or Withdrawal submitted after the exact Bid due date and time shall not be considered except under the circumstances set forth in R7-2-1028(B).

D. Disqualification - The Bid of a Bidder who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected.

E. Bid Acceptance Period - A Bidder submitting a Bid under this Solicitation shall hold its Bid open for the number of days from the due date that is stated in the Solicitation. If the Solicitation does not specifically state a number of days for the Bid acceptance, the number of days shall be ninety (90).

F. Payment - Payments shall comply with the requirements of A.R.S. Titles 35 and 41, Net 30 days. Upon receipt and acceptance of goods or services, the Contractor shall submit a complete and accurate invoice for payment within thirty (30) days.

G. Waiver and Rejection Rights - Notwithstanding any other provision of the solicitation, 1GPA reserves the right to:

1. Waive any minor informality;

2. Reject any and all Bids or portions thereof; or

3. Cancel the Solicitation.

UNIFORM INSTRUCTIONS TO BIDDERS
1GPA 23-07P Playground Solutions Page 10 of 39

5. Award
A. Number or Types of Awards - Where applicable, the 1GPA reserves the right to make multiple awards or to award a Contract by individual line item, by a group of line items, or categories, by an incremental award, by region, or by location, as indicated within the Special Instructions, Terms and Conditions. The award will be limited to the least number of Bidders that 1GPA determines is necessary to meet the needs of its Members.

B. Contract Inception - A Bid does not constitute a Contract nor does it confer any rights on the Bidder to the award of a Contract. A Contract is not created until the Bid is accepted in writing by 1GPA and the Lead Agency with an authorized signatures on the Bid and Acceptance form. A letter or other notice of award or of the intent to award shall not constitute acceptance of the Bid.

C. Effective Date - The effective date of this Contract shall be the date that 1GPA and the Lead Agency signs the Bid and Acceptance form or other official contract form, unless another date is specifically stated in the Contract.

6. Protests
A protest shall comply with and be resolved according to Arizona Department of Education School District Procurement Code Rule A.A.C. R7-2-1141 through R7-2-1153. Protests shall be in writing and be filed with 1GPA/lead agency representative, Christy Knorr, Vice President.

A. Protest shall include:

1. The name, addresses, and telephone number of the interested party;

2. The signature of the interested party or the interested party's representative;

3. Identification of the purchasing agency and the Solicitation or Contract number;

4. A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and

5. The form of relief requested.

B. The interested party shall supply any other information requested by 1GPA or lead agency within 10 days of the request.

C. The interested party may file a written request with the district representative for an extension of the time limit for providing additional information set forth in subsection (B). The written request shall be filed before the expiration of the time limit set forth in subsection (B) and shall set forth good cause as to the specific reason that the interested party is unable to provide the additional information with the 10 days. The district representative shall approve or deny the request in writing, state the reasons for the determination, and if an extension is granted, set forth a new date for submission of the filing.

D. Protests based upon alleged improprieties in a solicitation that are apparent before the due date and time for responses to the Solicitation, shall be filed before the due date and time for responses to the Solicitation.

E. In cases other than those covered in section D of the section, the interested party shall file the protest within 10 days after 1GPA makes the procurement file available for public inspection.

F. The interested party may file a written request for an extension of the time limit for protest filing. The written request for an extension shall be filed with the 1GPA Representative before the expiration of the time limit and shall set forth good cause as to the specific action or inaction of 1GPA that resulted in the interested party being unable to file the protest within the 10 days. The 1GPA representative shall approve or deny the request in writing, state the reasons for the determination, and, if an extension is granted, set forth a new date for submission of the filing.

UNIFORM TERMS AND CONDITIONS
1GPA 23-07P Playground Solutions Page 11 of 39

1. Cooperative Purchasing –
A. Cooperative Purchasing - This contract is based on the need for 1GPA to provide the economic benefits of volume purchasing and reduction in administrative costs through cooperative purchasing to schools and other Members. Although contractors may restrict sales to certain public units (e.g. state agencies, local government units), any contract that prohibits sales from being made to public school districts may not be considered. Sales without restriction to any members are preferred.

B. Cooperative Purchasing Agreements - Cooperative Purchasing Agreements between 1GPA and its Members have been established under all procurement laws.

C. Cooperative Purchasing Contracts - Bidder agrees all prices, terms, warranties, and benefits granted by Bidder to Members through this contract are comparable to or better than the equivalent terms offered by Bidder to any present customer meeting the same qualifications or requirements.

Nothing in this solicitation is intended to establish a most favored customer relationship between 1GPA and contractor.

Contractor may respond to any solicitation without regard to this contract. If contractor offers lower prices to any of its other customers, it may lower its prices to 1GPA at the same time by written notice.

D. Non-Exclusive Contract - Any contract resulting from this solicitation shall be awarded with the understanding and agreement that it is for the sole convenience of 1GPA members. 1GPA and its membership reserve the right to obtain like goods and services from other sources.

E. Lead Agency - A Lead Agency is a well-established and well respected government agency who facilitates the competitive bidding process by being a part of the process from start to finish. The Lead Agency also provides Board Approval for the award of contracts resulting from each Solicitation. The Lead Agency for this IFB is Mary C. O’Brien Accommodation School/Pinal County ESA.

2. Contract Interpretation
A. Application of Law - The Arizona Procurement Code, Title 41, Chapter 23, applies to this Contract including, where applicable, the Uniform Commercial Code as adopted by the State of Arizona and the Arizona School District Procurement Code, Arizona Revised Statutes (A.R.S.) 15-213, and its implementing rules, Arizona Administrative Code (A.A.C.) Title 7, Chapter 2, Articles 10 and 11.

For all other states this procurement shall be governed by, construed, and enforced in accordance with the laws of each state in which 1GPA is conducting business under this contract. It is the responsibility of the awarded vendor and member to ensure this solicitation and ensuing contract complies with the State laws in which they are conducting business regarding use of a cooperative contract.

B. Implied Contract Terms - Each Provision of law and any terms required by law to be in this Contract are a part of this Contract as if fully stated in it.

C. Relationship of Parties – Vendors receiving contracts under this solicitation are independent contractors. Neither party to this contract, nor any Member, shall be deemed to be the employee or agent of the other party to the contract.

D. Severability - The provisions of this Contract are severable to the extent that any provision or application held to be invalid shall not affect any other provision or application of the Contract.

E. No Parol Evidence - This Contract is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms used in this document.

F. No Waiver - Either party’s failure to insist on strict performance of any term or condition of the Contract shall not be deemed waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object to it.

UNIFORM TERMS AND CONDITIONS
1GPA 23-07P Playground Solutions Page 12 of 39

3. Contract Administration and Operation
A. Records - Under A.R.S. § 35-214 and § 35-215, the Contractor shall retain and shall contractually require each Subcontractor to retain all data and other records (“records”) relating to the acquisition and performance of the Contract for a period of five years after the completion of the Contract.

B. Audit - At reasonable times during the term of this Contract and five (5) years thereafter, the Contractor’s or any Subcontractor’s books and records shall be subject to audit by 1GPA or Member and, where applicable, the Federal Government, to the extent that the books and records relate to the performance of the Contract or Subcontract.

C. Inspection and Testing. The Contractor agrees to permit access to its facilities, Subcontractor facilities and the Contractor’s processes for producing the materials, at reasonable time for inspection of the materials and services covered under this Contract. 1GPA or its Members shall also have the right to test at its own cost the materials to be supplied under this Contract.

Neither inspection at the Contractor’s facilities nor testing shall constitute final acceptance of the materials. If 1GPA or Member determines non-compliance of the materials, the Contractor shall be responsible for the payment of all costs incurred by 1GPA or Member for testing and inspection.

D. Notices - Notices to the Contractor required by this Contract shall be made by 1GPA to the person indicated on the Bid and Acceptance form submitted by the Contractor unless otherwise stated in the Contract. Notices to 1GPA required by the Contract shall be made by the Contractor to the Solicitation Contact Person indicated on the Solicitation cover sheet, unless otherwise stated in the Contract. An authorized Procurement Officer and an authorized Contractor representative may change their respective person to whom notices shall be given by written notice and an Amendment to the Contract shall not be necessary.

E. Advertising and Promotion of Contract - Bidder shall not advertise or publish information concerning this solicitation prior to an award being announced by 1GPA. After award, contractor(s) may advertise the availability of products and services to Member. Any promotional marketing materials using the 1GPA logo must be approved by 1GPA in advance.

F. Administration Fee - 1GPA has an Administrative Fee of .01 (1%). The Administrative Fee shall be included in the Bidder’s net pricing and is the responsibility of the contractor. Vendor shall not add the administration fee to approved contract prices post award. The Administrative Fee shall be a part of the Vendor’s unit prices and is not to be charged directly to the customer in the form of a separate line item.

G. Usage Reports – The Usage Report will be the established communication between the awarded contractor and 1GPA of all contract activity. The contractor shall provide contract Usage Reports to 1GPA on a regular schedule as established by the contractor. 1GPA will accept Monthly or Quarterly reporting arrangements which shall be made at the time of contract award.

H. Submission of Usage Reports – Within ten (10) days following the end of the arranged reporting schedule, the contractor shall submit their Usage Report via the 1GPA Vendor Portal.

I. Purchase Orders/Contracts - All purchase orders and/or contracts issued to the contractor in reference to 1GPA shall be submitted at the same time as the Usage Report. All purchase orders and/or contracts should be zipped in a single file and submitted as an attachment in the same email as the usage report in which they are referenced. 1GPA is audited on an annual basis & documentation is necessary for compliance. Failure to submit purchase orders and/or contracts may result in contract cancellation. 1GPA awarded vendors will need to verify the entity is a Member by checking the membership list at the link below before accepting Purchase Orders. If the entity is not on the membership list then the vendor will need to request the entity to reach out to 1GPA and sign and get approved the 1GPA membership. https://www.dropbox.com/s/9i5d6xhsmob7hcp/1%20-%20PUBLISHED%20Membership%20List.xlsx?dl=0 J. Invoicing of Administration Fee – Upon receipt of contractor’s Usage Report, 1GPA will generate an invoice which is calculated as: Administrative Fee (1%) multiplied by the Total Sales Transactions as stated in the Usage Report.

Contractor's failure to remit administrative fees in a timely manner consistent with the contract’s requirements may result in 1GPA exercising any recourse available under the contract or as provided for by law. All administrative fees not paid when due shall bear interest at a rate of 1 1/2% per month until paid in full.

UNIFORM TERMS AND CONDITIONS
1GPA 23-07P Playground Solutions Page 13 of 39
Administrative Fees shall be paid to “1GPA” and mailed to:
1910 W. Washington Street
Phoenix, AZ 85009

4. Costs and Payments
A. Ordering Procedures - Purchase Orders are issued by 1GPA members to the Vendor according to this Contract. Members and Vendors must send Purchase Orders to 1GPA at [email protected].

B. Billings – Contractor shall invoice Member after delivery of goods and/or services. All invoices shall list the applicable Member purchase order and 1GPA contract number. Contractor will invoice Member directly.

C. Payment – Payment terms are Net thirty (30) from receipt of Contractor’s invoice D. Progress Payments - 1GPA will permit Members to make progress payments under the following conditions:

1. Member and Contractor agree to the terms of the progress payments prior to issuing a purchase order

2. Purchase order describes the amounts or percentages and the dates or frequency of payments

3. Payments are made in full compliance with Member’s local governing entity rules E. Tax Indemnification - Contractor and all Subcontractors shall pay all federal, state, and local taxes applicable to its operation and any persons employed by the Contractor. Contractor shall, and require all Subcontractors to hold the Member harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under federal, and/or state and local laws and regulations and any other costs including transaction privilege taxes, unemployment compensation insurance, Social Security and Worker’s Compensation.

F. IRS W-9 - In order to receive payment under any resulting Contract, Contractor shall have a current I.R.S. W-9 Form on file with each Member.

G. Availability of Funds for the Next Fiscal Year - Funds may not presently be available for performance under this Contract beyond the current fiscal year. No legal liability on the part of the Member for any payment that may arise under this Contract beyond the current fiscal year until funds are made available for performance of the Contract. It is the responsibility of the Member to make reasonable efforts to secure such funds.

5. Contract Changes
A. Amendments - The Contract may be modified only through a Contract Amendment within the scope of the Contract signed by the Procurement Officer. Changes to the Contract, including the addition of work or materials, the revision of payment terms, or the substitution of work or materials, directed by an unauthorized employee or made unilaterally by the Contractor are violations of the Contract and or applicable law. Such changes, including unauthorized written Contract Amendments, shall be void and without effect, and the Contractor shall not be entitled to any claim and this Contract based on those changes.

B. Subcontracts - The Contractor shall not enter into any Subcontract under this Contract without the advance written approval of the Procurement Officer. The Subcontract shall incorporate by reference the terms and conditions of this Contract.

C. Assignment and Delegation - Contractor shall not assign any right or interest nor delegate any duty under this Contract without the prior written approval of 1GPA. 1GPA shall not unreasonably withhold approval.

D. Novation - If contractor sells or transfers all assets or the entire portion of the assets used to perform this contract, a successor in interest must guarantee to perform all obligations under this contract. 1GPA reserves the right to accept or reject any new party. A simple change of name agreement will not change the contractual obligations of contractor.

E. Contract Placed on Hold - 1GPA shall have the ability to place a contract on hold, if it is deemed necessary to address ongoing problems with an awarded contract. Details of the decision to place the contract on hold shall be provided in a written deficiency notice. A reasonable amount of time shall be provided to contractor to address issues in the written deficiency notice.

UNIFORM TERMS AND CONDITIONS
1GPA 23-07P Playground Solutions Page 14 of 39

6. Risk and Liability
A. Risk of Loss - Contractor shall bear all loss of conforming material covered under this Contract until received by authorized personnel at the location designated in the purchase order or Contract. Mere receipt does not constitute final acceptance.

The risk of loss for nonconforming materials shall remain with the Contractor regardless of receipt.

B. General Indemnification - To the extent permitted by law, 1GPA and its Members shall be indemnified and held harmless by the Contractor for its vicarious liability as result of entering into this Contract. Each party to this Contract is responsible for its own negligence.

C. Indemnification - Patent and Copyright - To the extent permitted by law, Contractor shall indemnify and hold harmless 1GPA and its Members against any liability, including costs and expenses, for infringement of any patent, trademark, or copyright arising out of Contract performance or use by the 1GPA or Member of materials furnished or work performed under this Contract. 1GPA or Member shall reasonably notify the Contractor of any claim for which it may be liable under this paragraph.

D. Force Majeure

1. Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party’s performance of this Contract is prevented by reason of force majeure. The term “force majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence.

Without limiting the foregoing, force majeure includes acts of God; acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; fire; flood; lockouts; injections-intervention-acts; or failures or refusals to act by government authority; and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent by exercising reasonable diligence.

2. Force Majeure shall not include the following occurrences:
a. Late delivery of equipment or materials caused by congestion at a manufacturer’s plant or elsewhere, or an oversold condition of the market; or
b. Late performance by a Subcontractor unless the delay arises out of a force majeure occurrence in accordance with this force majeure term and condition; or
c. Inability of either the Contractor or any Subcontractor to acquire or maintain any required insurance, bonds, licenses, or permits.

3. If either party is delayed at any time in the progress of the work by force majeure, the delayed party shall notify the other party in writing of such delay, as soon as is practicable and no later than the following working day, of the commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be delivered or mailed certified-return receipt, and shall make a specific reference to this article, thereby invoking its provisions.

The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing when it has done so. The time of completion shall be extended by Contract Amendment for a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance with this Contract.

4. Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claim for damages or loss of anticipated profits if, and to the extent that such delay or failure is caused by force majeure.

7. Warranties
A. Liens - The Contractor warrants that the materials supplied under this Contract are free of liens.

B. Quality - Unless otherwise modified elsewhere in these terms and conditions, the Contractor warrants that, for one year after acceptance by the School District/Public Entity of the materials or services, they shall be:

1. A quality to pass without objection in the trade under the Contract description;

2. Fit for the intended purposes for which the materials or services are used;

UNIFORM TERMS AND CONDITIONS
1GPA 23-07P Playground Solutions Page 15 of 39

3. Within the variations permitted by the Contract and are of even kind, quality, and quality within each unit and among all units;

4. Adequately contained, packaged and marked as the Contract may require; and

5. Conform to the written promises or affirmations of fact made by the Contractor.

C. Fitness - Contractor warrants that any material or service supplied to 1GPA or its Members shall fully conform to all requirements of the contract and all representations of the Contractor, and shall be fit for all purposes and uses required by the Contract.

D. Inspection/Testing - The warranties set forth in in this section shall not affected by inspection or testing of, or payment for the materials or services by 1GPA Members.

E. Compliance with Applicable Laws - The materials and services supplied under this Contract shall comply with all applicable federal, state and local laws, and the Contractor shall maintain all applicable licenses and permits.

F. Survival of Rights and Obligations after Contract Expiration or Termination

1. Contractor’s Representations and Warranties. All representations and warranties made by the Contractor under this Contract shall survive the expiration of termination hereof. In addition, the parties hereto acknowledge that pursuant to A.R.S. § 12-510, except as provided in A.R.S. § 12-529, 1GPA and its Members are not subject to or barred by any limitations of actions prescribed in A.R.S. Title 12, Chapter 5.

2. Purchase Orders. The Contractor shall, in accordance with all terms and conditions of the Contract, fully perform and shall be obligated to comply with all purchase orders received by the Contractor prior to the expiration or termination hereof, unless otherwise directed in writing by the Procurement Officer, including, without limitation, all purchase orders received prior to but not fully performed and satisfied at the expiration or termination of this Contract.

8. Contractual Remedies
A. Right to Assurance - If 1GPA in good faith has reason to believe that the Contractor does not intend to, or is unable to perform or continue performing under this Contract, 1GPA may demand in writing that the Contractor give a written assurance of intent or ability to perform. Failure by the Contractor to provide written assurance within the number of days specified in the demand may, at 1GPA’s option, be the basis for terminating the Contract under the Uniform General Terms and Conditions.

B. Nonconforming Tender - Materials supplied under this Contract shall fully comply with the Contract. The delivery of materials or a portion of the materials in an installment that do not fully comply constitutes a breach of Contract. On delivery of nonconforming materials, 1GPA may terminate the Contract for default under applicable termination clauses in the Contract, exercise any of its remedies under the Uniform Commercial Code, or pursue any other right or remedy available to it.

C. Right of Offset - 1GPA and its Members shall be entitled to offset against any sums due the Contractor, any expenses or costs incurred or damages assessed by 1GPA or its Members concerning the Contractor’s nonconforming performance or failure to perform the Contract, including expenses, costs and damages described in the Uniform General Terms and Conditions.

9. Contract Termination
A. Cancellation for Conflict of Interest - Pursuant to A.R.S. 38-511 and R7-2-1087(F) 1GPA may cancel this Contract within three (3) years after Contract execution without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of 1GPA is, or becomes at any time while the Contract or an extension the Contract is in effect, an employee of or a consultant to any other party to this Contract with respect to the subject matter of the Contract. The cancellation shall be effective when the Contractor receives written notice of the cancellation unless the notice specifies a later time.

UNIFORM TERMS AND CONDITIONS
1GPA 23-07P Playground Solutions Page 16 of 39
B. Personal Gifts or Benefits - 1GPA may, by written notice, terminate the Contract, in whole or in part, if 1GPA determines that any person or vendor has offered, conferred or agreed to confer any personal gift or benefit on any employee who supervised or participated in the planning, recommending, selecting or contracting of the Contract, in accordance with A.R.S. § 15-213(O) and R7-2-1087(G).

C. Gratuities - 1GPA may, by written notice, terminate the Contract in whole or in part, if 1GPA determines that employment or a gratuity was offered or made by the Contractor or a representative of the Contractor to any officer or employee of 1GPA for the purpose of influencing the outcome of the procurement or securing the Contract, an amendment to the Contract, or favorable treatment concerning the Contract, including making of any determination or decision about contract performance in accordance with R7-2-1087(H).

D. Suspension or Debarment - 1GPA may, by written notice to the Contractor, immediately terminate this Contract if 1GPA determines that the Contractor has been disbarred, suspended or otherwise lawfully prohibited from participating in any public procurement activity, including but not limited to, being disapproved as a Subcontractor of any public procurement unit or other governmental body.

E. Termination for Convenience - 1GPA reserves the right to terminate the Contract, in whole or in part at any time, when in the best interests of its Members without penalty recourse. The Contractor shall be entitled to receive just and equitable compensation for work in progress, work completed, and materials accepted before the effective date of the termination.

F. Cancellation for Non-Performance or Contractor Deficiency – 1GPA may terminate any contract if Members have not used the contract, or if purchase volume is determined to be “low volume” in any 12-month period. 1GPA reserves the right to cancel the whole or any part of this contract due to failure by contractor to carry out any obligation, term or condition of the contract. 1GPA may issue a written deficiency notice to contractor for acting or failing to act in any of the following:

1. Providing material that does not meet the specifications of the contract;

2. Providing work and/or material that was not awarded under the contract;

3. Failing to adequately perform the services set forth in the scope of work and specifications;

4. Failing to complete required work or furnish required materials/product within a reasonable amount of time;

5. Failing to make progress in performance of the contract and/or giving 1GPA reason to believe that the contractor will not or cannot perform the requirements of the contract; and or

6. Performing work or providing services under the contract prior to receiving a Member’s purchase order for such work.

Upon receipt of a written deficiency notice, contractor shall have ten (10) days to provide a satisfactory response to 1GPA.

Failure to adequately address all issues of concern may result in contract cancellation. Upon cancellation under this paragraph, all goods, materials, work, documents, data and reports prepared by contractor under the contract shall become the property of the Member on demand.

G. Contractor Cancellation: Contractor may cancel this contract at any time upon thirty (30) days prior written notice to 1GPA or on the yearly anniversary of the contract. Termination shall have no effect on projects in progress at the time the notice of cancellation is received by 1GPA.

H. Continuation of Performance through Termination - The Contractor shall continue to perform, in accordance with the requirements of the Contract, up to the date of termination, as directed in the termination notice.

10. Contract Claims
Contract claims and controversies under this Contract shall be resolved according to Arizona Department of Education School District Procurement Code Rule A.A.C. R7-2-1155 through R7-2-1159.

Any dispute involving a 1GPA member and Vendor outside of Arizona shall be governed by the laws of the state of the 1GPA member, without regard to its provisions on conflicts of laws, and exclusive jurisdiction and venue shall lie in the city, county, and state of the 1GPA member.

11. Federal and State Requirement

UNIFORM TERMS AND CONDITIONS
1GPA 23-07P Playground Solutions Page 17 of 39
A. Compliance with Federal and State Requirements - Vendor shall comply with all applicable federal, state, and local laws, statutes, ordinances, standards, orders, rules, and regulations, including, as applicable, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, prompt payment and licensing laws and regulations.

Vendor shall comply, when working on any federally assisted projects with the following:

1. The Contract Work hours and Safety Standards Act, (40 U.S.C. §3701 – 3708; 29 CFR Part 5)

2. Davis-Bacon Act, (40 U.S.C. §276a / 29 CFR Part 5)

3. Copland Anti-Kickback Act, (18 U.S.C. §874 / 29 CFR Part 5)

4. Equal Opportunity Employment requirements (Executive Order 11246 and 11375 / 41CFR Chapter 60)

5. McNamara-O’Hara Service Contract Act (41 U.S.C. 351),

6. Section 306 of the Clean Air Act (42 U.S.C. § 1857h,

7. Section 508 of the Clean Water Act (33 U.S.C. § 1368),

8. Executive Order 11738, Environmental Protection Agency regulations (40 CFR Part 15).

9. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200)

10. Education Department General Administrative Regulations, 2 C.F.R. Parts 200 and 3474, and 34 C.F.R. Parts 75- 77 and 81 (“EDGAR”),

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

12. All applicable requirements and regulations, including those related to reporting, patent rights, copyrights, data rights and those mandated by federal agencies making awards of federal funds to 1GPA members.

B. Offshore Performance - Due to security and identity protection concerns, direct services under any subsequent contract shall be performed within the borders of the United States. Any services that are described in the specifications or scope of work that directly serve the school district(s) or charter school(s) or its clients and may involve access to secure or sensitive data or personal client data or development or modification of software for the State shall be performed within the borders of the United States. Unless specifically stated otherwise in the specifications, this definition does not apply to indirect or "overhead" services, redundant back-up services or services that are incidental to the performance of the contract. This provision applies to work performed by subcontractors at all tiers.

C. Contractor's Employment Eligibility - By entering the contract, Contractor warrants compliance with ARS § 41-4401, ARS § 23-214, the Federal Immigration and Nationality Act (FINA), and all other federal immigration laws and regulations. 1GPA or Member may request verification of compliance from any Contractor or subcontractor performing work under this Contract. 1GPA or Member reserves the right to confirm compliance in accordance with the applicable laws. Should 1GPA or Member suspect or find that the Contractor or any of its subcontractors are not in compliance, 1GPA or Member 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.

D. Davis-Bacon – For Federally funded projects subject to the Davis-Bacon Act, the Member shall specify the applicable DavisBacon wage decision, prior to the contractor providing a firm price quotation for the proposed project. The wage decision shall be identified by the WD Number, modification number, and date of the wage decision.

E. Fingerprint and Background Checks - In accordance with ARS § 15-512(H), a contractor, subcontractor or vendor, any employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis at an individual school may be required to obtain a valid fingerprint clearance card pursuant to Title 41, Chapter 12, Article 3.1. An exception to this requirement may be made as authorized in governing board policy of the Member District.

F. Terrorism Country Divestments - Per ARS § 35-392, 1GPA and its Members are prohibited from purchasing from a company that is in violation of the Export Administration Act.

G. Registered Sex Offender Restrictions - For work to be performed at schools, 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

UNIFORM TERMS AND CONDITIONS
1GPA 23-07P Playground Solutions Page 18 of 39
students are or are 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 Member’s discretion. Contractor 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.

H. Affordable Care Act - Vendor understands and agrees that it shall be solely responsible for compliance with the Patient Protection and Affordable Care Act, Public Law 111-148 and the Health Care Education Reconciliation Act, Public Law 111- 152 (collectively the Affordable Care Act “ACA”). Contractor shall bear sole responsibility for providing health care benefits for its employees who provide services to the District as required by state or federal law.

I. Boycott of Israel – Arizona public entities and other states as applicable, the member may not enter into a contract with a company that is currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of Israel.

J. 2 CFR Section 200 (EDGAR) – When a 1GPA Member 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, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. 200. All Vendors submitting bids must complete the 2 CFR 200 Certification Form contained within this document.

K. Minority Businesses – 1GPA and its Lead Agency have taken all necessary affirmative steps to assure minority businesses, women’s business enterprises, and labor surplus area firms are notified of any bidding opportunities when possible according to 2 CFR Part 200.321.

L. Civil Rights Compliance - In accordance with 7 CFR Part 210.23, Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.

M. Texas House Bill 1295 Certificate of Interested Parties – For contract entered into or after January 1, 2016, Texas Government Code Chapter 2252.908 (H.B. 1295) states that a Texas governmental entity or state agency may not enter into a contract unless the business entity submits a disclosure of interested parties to the governmental entity or state. The law applies only to a contract that either (1) requires an action or vote by the governing body or (2) has a value of at least $1 million. Information from the Commission regarding the requirements, including rules and filing information, are available at the following links:
https://www.ethics.state.tx.us/tec/1295-info.htm
https://www.ethics.state.tx.us/whatsnew/faq_form1295.html https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm It is the responsibility of vendors to determine the applicability of, and comply with, all disclosure laws of House Bill 1295.

SPECIAL TERMS AND CONDITIONS
1GPA 23-07P Playground Solutions Page 19 of 39

1. TERM OF CONTRACT: It is 1GPA’s intent to award a multi-term contract. The initial term of the resultant contract shall start on November 16, 2022 and shall continue for a period of one (1) year thereafter, unless terminated, cancelled or extended as otherwise provided herein.

2. CONTRACT EXTENSION: 1GPA reserves the right to unilaterally extend the period of any resultant contract month to month beyond the stated expiration date if that is determined to be in the best interests of Members. In addition, by mutual written agreement, any resultant contract may be extended for a supplemental period up to a maximum of forty-eight (48) months in twelve (12) month increments.

3. RENEWAL OF CONTRACT: Conditions for renewal of the contract shall include, but are not limited to: contract usage, satisfactory performance of services during the preceding contract term, ability to continue to provide satisfactory services, continued adherence to the contract requirements, and continued competitive prices for the materials and services provided under the contract.

4. CONTRACT TYPE: The term contract shall be a percent of discount off manufacturer’s price list or catalog, or fixed price, or a combination of both with indefinite quantities.

5. FORM OF CONTRACT: The form of contract for this solicitation shall be the Invitation for Bid, and the awarded Bid(s), and properly issued purchase orders incorporating each member’s specific policies and P.O. terms and conditions referencing the requirements of the Invitation for Bid. Partial offers will be considered.

6. SUPPLEMENTAL AGREEMENTS: The 1GPA Member and Contractor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this Solicitation such as invoice requirements, on campus service specifics, etc. Any supplemental agreement developed as a result of this Solicitation is exclusively between the Member and Contractor and may not materially change any of the terms and conditions contained herein. 1GPA, its agents, members and employees shall not be made party to any claim for breach of such agreement. Any supplemental agreement between the Member and Contractor is exclusively between the Member and the Contractor and will be subject to immediate cancellation by the Member (without penalty) if, in the opinion of the Member, the quality, service and specification requirements and/or the terms and conditions are not maintained as stated in the supplemental agreement.

7. BID ACCEPTANCE PERIOD: In order to allow for an adequate evaluation, 1GPA requires a Bid in response to this solicitation to be valid and irrevocable for ninety (90) days after the opening time and date.

8. PRE-BID CONFERENCE: Prospective Bidders are invited to attend a pre-bid conference. The date, time and location of this conference are indicated below. The purpose of this conference will be to clarify the contents of this solicitation in order to prevent any misunderstanding of 1GPA’s position. Any doubt as to the requirements of this solicitation or any apparent omission or discrepancy should be presented to 1GPA at this conference. 1GPA will then determine the appropriate action necessary, if any, and issue a written amendment to the solicitation. Oral statements or instructions shall not constitute an amendment to this solicitation.

Conference Date: August 31, 2022
Conference Time: 10:00 AM Arizona time
Conference Location: Online through Zoom (see cover page for more information)

9. ELECTRONIC SUBMITTAL - REQUIRED: An electronic submission is required. The electronic submission is to be uploaded online through OpenGov Procurement. Submittal instructions for OpenGov Procurement are found on the last page of this document under Exhibit A.

SPECIAL TERMS AND CONDITIONS
1GPA 23-07P Playground Solutions Page 20 of 39

10. BID OPENING: Bids shall be opened on the date and time, and at the place designated on the cover page of this document, unless amended in writing by 1GPA. The name of each Bidder and pricing submitted shall be read at this time. All Bids and any modifications and other information received in response to the Invitation for Bid shall be shown only to authorized 1GPA personnel having a legitimate interest in the evaluation. After contract award, the Bids and evaluation document shall be open for public inspection.

Opening Date: September 27, 2022
Opening Time: 11:00 AM Arizona Time
Opening Location: Online through Zoom (see cover page for more information)

11. TIME STAMP Bids will be time stamped when received by OpenGov Procurement. Bids will be accepted up to but no later than the time indicated in the Invitation for Bid (IFB). Bids received after the time stated in the IFB will not be considered and will remain unopened. Bidder assumes the risk of any delay in their submission. 1GPA strongly recommends that you give yourself sufficient time and at least ONE (1) day before Bid Due Date and Time to begin the uploading process and to finalize your submission.

12. AWARD: Contract(s) shall be awarded to the lowest responsible and responsive Bidder(s) whose Bid(s) conforms in all material respects to the requirements and evaluation criteria set forth in the Invitation for Bids. No criteria may be used in bid evaluation that is not set forth in the Invitation for Bids. The amount of any applicable transaction privilege or use tax of a political subdivision of the state of Arizona is not a factor in determining the lowest Bidder.

13. MULTIPLE AWARDS: 1GPA has a large number and variety of potential using districts and agencies at locations throughout the United States. In order to assure that any ensuing contracts will allow 1GPA to fulfill current and future requirements; 1GPA reserves the right to award contracts to multiple vendors. Such decision will be based upon consideration for Members’ experience with existing products and systems, brand continuity for parts replacement and future expansion, contractor’s ability to provide for a large diverse Membership, geographic areas served. The actual use of any contract will be at the sole discretion of 1GPA members. Contracts will be awarded, as applicable, by individual line item, groups of line items, or categories, incrementally, by region, or by location. The awards will be limited to the least number of Bidders that 1GPA determines is necessary to meet the needs of it’s Members.

Bidder should consider the fact that 1GPA may award multiple contracts in preparing their response. The fact that 1GPA may make multiple contracts, award only one contract, or to make no awards rests solely with 1GPA. Bidders are not required to Bid on all items specified in this Bid.

14. ADMINISTRATION FEE: 1GPA’s .01 (1%) administration fee shall be included in Bidder’s net price. Contractor shall not add the administration fee to approved contract prices.

15. PRICING: Contract pricing must be based upon:
1) Fixed discount(s) off published price list(s) or catalog(s) 2) Firm fixed/unit price
3) A combination of the above

16. COMBINATION PRICING: Offers for combination contracts shall clearly identify items covered by discount(s) and those with fixed prices. Prices for such contracts shall be adjusted as identified for the appropriate contract type above.

17. DISCOUNTS: Discount offers must clearly identify the minimum percentage of discount to apply to either a manufacturer’s published price lists, vendor published catalog, advertised price list, or shelf prices for contract

SPECIAL TERMS AND CONDITIONS
1GPA 23-07P Playground Solutions Page 21 of 39
purchases as applicable. At the time of purchase, Contractor may offer deeper discounts, based on volume or other factors, as applicable. If multiple discounts apply, vendor shall clearly indicate the discounts and applicable materials or services. There will be no reduction of minimum discount(s) during the life of the contract.

18. PRICE ADJUSTMENT FOR DISCOUNT PRICING: Revised manufacturer published price lists, and/or catalogs may be submitted for review throughout the term of the contract. Manufacturer published price lists should be submitted in PDF format and should not be contained in an Excel workbook generated by the vendor. 1GPA shall determine whether the requested revised pricing or an alternate option is in the best interest of its Members. Revised manufacturer’s published price lists, and/catalogs will not become effective until submitted to 1GPA.

19. PRICE ADJUSTMENT FOR FIXED PRICING: Fixed price schedules may be submitted for any or all items bid under the contract. Fixed prices shall be firm until each anniversary date of the contract. In the event of an occurrence of one or more allowable economic price adjustment contingencies, contract vendor may submit a fully documented request for a fixed price list adjustment to 1GPA that includes a letter from the manufacturer clearly stating the amount of increase and product lines affected. Vendor shall also submit supporting documentation that demonstrates that any requested price increase was unpredictable at the time of price list submittal and results from an increased cost to contract vendor that was out of contract vendor’s control. Revised price adjustments for fixed pricing will not become effective until approved by 1GPA.

20. PRICE REDUCTION: A price reduction adjustment may be offered at any time during the term of a contract and shall become effective upon notice.

21. VOLUME DISCOUNTS/PROMOTIONAL SALES: The awarded vendor may offer volume discounts and/or promotional sales at any time during the Contract. Discounted/promotional sale prices shall not exceed the current contract price. The price reduction shall be available to all Members making qualified purchases under the Contract.

A contract amendment is not necessary in order to offer Members promotional sales for contract items.

22. NEW PRODUCT: New products/services may be added during the term of the contract upon written request providing it is within the original scope of this RFP. All request are subject to review and approval by 1GPA.

Successful vendor shall be responsible for notifying 1GPA of all discontinued products in writing.

23. TRAVEL EXPENSE REIMBURSEMENT: Vendor shall be responsible for travel arrangements and expenses. Travel expenses may be billed for certain in-state and out-of-state travel expenses on a case-by-case basis. Vendor shall seek Member approval before billing for any in-state or out-of-state travel expenses. If approved by the Member, instate and out-of-state travel expenses shall be reimbursed in accordance with the Member’s state travel policy. The travel policy may be accessed via the internet at the US General Services Administration’s website:
https://www.gsa.gov/travel/plan-book/per-diem-rates.

24. QUANTITIES: 1GPA estimates considerable activity resulting from this award. Based on historical data from previous contracts as well as member surveys, 1GPA estimates usage of this contract to be $10 Million to $25 Million annually. A current list of 1GPA Members may be found at:
https://www.dropbox.com/s/9i5d6xhsmob7hcp/1%20-%20PUBLISHED%20Membership%20List.xlsx?dl=0 1GPA makes no guarantee or commitment of any kind concerning quantities that will actually be purchased. 1GPA makes no guarantee or commitment of any kind regarding usage of any contracts resulting from this Solicitation.

SPECIAL TERMS AND CONDITIONS
1GPA 23-07P Playground Solutions Page 22 of 39

25. MEMBERSHIP VERIFICATION: 1GPA awarded vendors will need to verify the entity is a Member by checking the membership list at the link above, in paragraph 24, before accepting Purchase Orders. If the entity is not on the membership list they will need to contact 1GPA to obtain approval for the 1GPA membership.

26. SHIPPING TERMS: Prices shall be F.O.B. Destination or F.O.B. Destination Freight Allowed as indicated under Tab 3-Shipping and Other Fees of the Cost Form to Member’s location. Vendor shall retain title and control of all goods until they are delivered and the contract of coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the Vendor. All claims for visible or concealed damage shall be filed by the Vendor. 1GPA Members will notify the vendor promptly of any damaged goods and shall assist the vendor in arranging for inspection.

27. DELIVERY: Unless otherwise agreed upon between Contractor and a Member, delivery is desired within thirty (30) days of receipt of purchase order. Any outstanding items delivered after this date may be canceled and deleted from the purchase order. Contractor shall be responsible for delivery of items in good condition at point of destination and return of all items that do not meet specifications. Contractor shall file with carrier all claims for breakage, imperfections and losses, which will be deducted from invoices.

28. INSTALLATION AND TRAINING: Proposed price for initial installation must include complete installation along with any necessary supplies. The Contractor shall train the designated Member personnel on the proper use and care of equipment supplied immediately after delivery and installation of the equipment. Installation shall not be considered complete until all designated Member personnel have been trained.

29. PROTECTION OF MEMBERS: The Bidder shall protect all furnishings from damage and shall protect the Member's property from damage or loss arising in connection with this contract. He shall make good any such damage, injury or loss caused by his operations, or those of his employees, to the satisfaction of the Member. The Bidder shall confine his equipment, storage of materials and the operation of his workmen to the limits as indicated by the Unit Foreman in the area in which the work is being performed. Any damage caused to Member’s facilities, lawns, etc., shall be repaired immediately or replaced at no expense to the Member.

The successful Bidder shall take all necessary precautions for the safety of students, employees and the public, and shall comply with all applicable provisions of Federal, State and Municipal Safety Laws. He agrees that he is fully responsible to the Member for the acts and omissions of any and all persons whether directly or indirectly employed by him. He shall maintain such insurance as will protect him and the Member from claims or damage for personal injury, including death, which may arise from operations under this contract.

30. BRAND NAMES: Any manufacturer’s names, trade names, brand names or catalog numbers used in the specifications are for the purpose of describing and/or establishing the quality, design and performance required.

Any such reference is not intended to limit or restrict a Bid by any vendor but is only enumerated in order to advise potential Bidder of the requirements of 1GPA. Any Bid which proposes like quality, design or performance will be considered.

31. NEW EQUIPMENT: All equipment supplied pursuant to this specification shall be new, unused, and the most current model available at time of order.

32. CURRENT PRODUCTS: All products being offered in response to this solicitation shall be in current and ongoing production and capable of meeting or exceeding all specifications and requirements set forth in this solicitation.

33. DEFECTIVE PRODUCTS: All defective products shall be replaced and exchanged by the Contractor. The cost of transportation, unpacking, inspection, re-packing, re-shipping or other like expenses shall be paid by the Contractor.

SPECIAL TERMS AND CONDITIONS
1GPA 23-07P Playground Solutions Page 23 of 39

34. EQUIPMENT AND PRODUCT RECALL NOTICES: In the event of any recall notice, technical service bulletin, or other important notification affecting equipment or product purchased from this contract, a notice shall be sent to the Contract Administrator with 1GPA and the Member. It shall be the responsibility of the contractor to assure that all recall notices are sent directly to the agency Member Representative.

35. SAFETY STANDARDS: All items supplied on this contract must comply with the current applicable Occupational Safety and Health Administration standards, standards of the State of Arizona Industrial Commission, the National Electric Code, and the National Fire Protection Association Standards and any other applicable state, federal or local safety standards/codes.

36. RESPONSIBILITY OF BIDDERS: Factors to be considered in determining if a Bidder is responsible may include:

A. The Bidder’s financial, material, personal and other resources, including subcontractors; B. The Bidder’s record of performance and integrity;
C. Whether Bidder is qualified legally to contract with the public entity; D. Whether Bidder supplied all necessary information concerning its responsibility; E. Complaints on file with the Registrar of Contractors; F. Prior litigation history.

37. LICENSES: Contractor shall maintain in current status all federal, state and local licenses and permits required by the operation of the business conducted by the contractor.

38. FEES AND PERMITS: All required fees and permits obtained on behalf of the Member by the installer must be included in the total price as a pass-through cost (no markup).

39. INSPECTION: The job will have a final inspection and acceptance by 1GPA Member staff. Any discrepancies noted during the inspection will be corrected prior to final payment. Field inspections will be performed by Member upon completion of the Project.

40. DAMAGES: The successful contractor shall be liable for any and all damage caused by him or his employees to the 1GPA Member premises. The Bidder shall hold and save 1GPA and Member free and harmless from liability of any nature or kind arising from any use, trespass, or damage occasioned by his operations on premises or third persons.

41. CLEAN UP: The Contractor, at all times, shall keep the premises free from accumulation of waste materials or rubbish caused by construction operations. Upon completion of the work, remove all waste materials and rubbish from and about the Project, as well as tools, construction equipment, machinery and surplus materials.

If the Contractor fails to clean up the work, the 1GPA Member may do so and the cost thereof shall be charged to the Contractor.

Remove all surplus materials and debris of every nature resulting from operations, and return site back in a neat, orderly condition.

42. WARRANTY: All workmanship and materials should be warranted for a minimum of two (2) years from the date of acceptance of the project. This will be submitted in written form to the 1GPA Member at completion of Project.

All items bid shall be covered by the manufacturer’s standard warranty.

43. BILLINGS: All billing notices shall identify the specific item(s) being billed. Item(s) are to be identified by name, model/serial number as most applicable. Any purchase/delivery order issued will refer to the contract number resulting from this solicitation.

SPECIAL TERMS AND CONDITIONS
1GPA 23-07P Playground Solutions Page 24 of 39

44. INSURANCE: Bidder agrees to maintain such insurance as will fully protect Bidder, 1GPA and its Member from any and all claims under any workers’ compensation statute or unemployment compensation laws, and from any and all other claims of any kind or nature for damage to property or personal injury, including death, made by anyone, that may arise from work or other activities carried on, under, or facilitated by this Agreement, either by Bidder, its employees, or by anyone directly or indirectly engaged or employed by Bidder. Bidder agrees to maintain such automobile liability insurance as will fully protect Bidder, 1GPA and its Member for bodily injury and property damage claims arising out of the ownership, maintenance or use of owned, hired or non-owned vehicles used by Bidder or its employees, while providing services to 1GPA Members.

Successful Bidder will be required to provide proof of and maintain comprehensive general liability insurance with a limit of not less than $1,000,000 per occurrence and $2,000,000 aggregate coverage. Before any orders are processed under an awarded contract, awarded vendor shall provide a certificate that names 1GPA as the certificate holder. In addition, awarded vendor shall be willing to provide, upon request, a certificate of insurance to any Member using this contract.

Successful Bidder will be required to submit proof of and maintain Worker’s Compensation and Employer’s Liability Insurance as required by law.

45. SPILLAGE: Contractor will be responsible for the clean-up of a contamination or spillage resulting from products or services provided under the contract resulting from this solicitation.

46. KEY PERSONNEL: It is essential that the contractor provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract. The contractor must agree to assign specific individuals to the key positions.

A. The contractor agrees that, once assigned to work under this contract, key personnel shall not be removed or replaced without written notice to 1GPA or Member.

B. If key personnel are not available for work under this contract for a continuous period exceeding 30 calendar days or are expected to devote substantially less effort to the work than initially anticipated, the contractor shall immediately notify 1GPA or Member and shall, subject to the concurrence of the District, replace such personnel with personnel of substantially equal ability and qualifications.

47. DATA, INFORMATION AND RECORDS SECURITY AND PRIVACY: Contractor agrees to comply with all applicable laws and regulations regarding data, information and records security and privacy all of which are incorporated herein by reference in their current forms and as amended at any future time. These include, but are not limited to, Arizona Revised Statute (A.R.S.) §18-552 et seq – Notification of Security System Breaches; A.R.S. §44-7601 et seq – Discarding and Disposing of Records Containing Personal Identifying Information; Family Educational Rights and Privacy Act (FERPA); Protection of Pupil Rights Amendment (PPRA); Health insurance Portability and Accountability Act of 1996 (HIPPA) Privacy and Security Rules; Health Information Technology for Economic and Clinical Health (HITECH) Act; Payment Card Industry Data Security Standards; applicable federal, state and local regulations relating to confidentiality of student records; and any other federal and/or state law governing the privacy of personally identifiable information

48. BIDDER’S EMPLOYEES: Bidder agrees that the individuals provided to 1GPA or Member on a temporary basis are Bidder’s, not 1GPA’s or Member’s employees.

SPECIAL TERMS AND CONDITIONS
1GPA 23-07P Playground Solutions Page 25 of 39
Bidder agrees that it is solely responsible for its own acts and omissions and for those of its employees and that Bidder and any employees working for Bidder are the sole responsibility of Bidder for the purposes of any and all legal requirements, including, but not limited to, obligations and liabilities in the following areas:

Workers’ Compensation Insurance
Federal and State Unemployment Taxes
Federal and State Withholding and Reporting Requirements Unemployment Compensation Insurance
Federal, State, and Local Employment Laws
Bidder agrees that it or its employees are not entitled to any benefits or protections that accrue from an employment relationship with 1GPA, including, but not limited to, health insurance, life insurance, due process rights, and/or vacation/holiday pay.
1GPA will not provide Bidder or its employees any business registrations or licenses that may be required. 1GPA will not combine business operations with Bidder.

Neither Bidder nor its employees are to be considered agents or employees of 1GPA for any purpose. It is understood and agreed that 1GPA does not require Bidder to provide services exclusively to 1GPA and that Bidder and its employees are free to contract to provide services to other companies while it is under contract with the District.

In compliance with all applicable laws, the Bidder shall, at no charge to 1GPA, conduct drug/alcohol testing, fingerprint checks, reference checks and background checks of each individual who will perform services for 1GPA to ascertain that there is no history of behavior that would make the individual unsuitable to work with children or work in a school setting. These checks must be completed before the individual provides any services to the Member. The fingerprint and background checks will be conducted in accordance with applicable laws, including current Arizona Revised Statutes § 15-512 and/or 15-534, as applicable.

At any time, and for any reason, 1GPA or the Member may request or reject any of Bidder’s employees.

Bidder agrees to comply with the Member’s rules, regulations, and policies, as the Member may modify from time to time.

49. EMPLOYEE IDENTIFICATION: All employees must check in at the front office of each Member site. The employee must have an identification badge at all times in clear view, with picture ID and name of firm. In addition, the employee shirt must have the company name on it. Failure to have any of these items will result with the employee being escorted off property.

50. FINGERPRINT & BACKGROUND CHECKS: 1GPA anticipates that services under this contract may cause the contractor and proposed subcontractors to have direct, unsupervised contact with pupils. In accordance with ARS § 15-512(H), a contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis at an individual school shall be required to obtain a valid fingerprint clearance card pursuant to title 41, chapter 12, Article 3.1. Therefore, the Contractor and any proposed subcontractors warrant compliance with ARS subsection 41-4401, ARS subsection 23-214, the Federal Immigration and Nationality ACT (FINA) and all other federal, state and local immigration laws and regulations related to the immigration status of its employees. The contractor must have all employees on-site submit to a fingerprint clearance conducted by Department of Public Safety and all employees must carry fingerprint card at all times. These warranties shall remain in effect through the term of the contract.

SPECIAL TERMS AND CONDITIONS
1GPA 23-07P Playground Solutions Page 26 of 39
1GPA or Member may, at its sole discretion, require evidence of compliance during the evaluation process or contract term. Should 1GPA or Member request evidence of compliance, the Contractor and any proposed subcontractors shall have 5 working days from receipt of the request to supply adequate information. Failure to supply the requested information or if 1GPA or Member suspects or finds the Contractor or any of its subcontractors are not in compliance, 1GPA or Member may pursue any and all remedies allowed by law, including, but not limited to: non-consideration of contract award, suspension of work, termination of the contract for default, and suspension and/or debarment of the Contractor. All costs associated with verification and any remedies are the sole responsibility of the Contractor and any proposed subcontractor.

51. BID SECURITY: School procurement rules require that all competitive sealed procurement for construction have bid security, if the amount of construction contract will exceed the amount established by R7-2-1002(A). Bid security as a percentage of the bid amount is unacceptable, as this is a term contract with no specific bid amount.

Bidders shall include acceptable bid security in the amount of $100,000 with submission of their Bid.

Acceptable bid security for this solicitation will be a certified check, or an annual or one time bid bond underwritten by a surety company licensed to issue bid bonds in the appropriate state construction with take place, with the principal being the prime contractor and 1GPA being the Agency of Record.

52. PERFORMANCE AND PAYMENT BONDS: Performance and Payment Bonds between the 1GPA member and the prime contractor shall be executed on forms substantially equivalent to the forms provided at the end of this solicitation document if the value of the construction or construction services award exceeds the amount established in R7-2- 1002(A), currently $100,000.

Upon execution of a contract between 1GPA member and prime contractor, performance and payment bonds shall be provided to the member as required in R7-2-1103 as applicable. The prime contractor agrees to notify the 1GPA member in writing of this requirement before accepting any work orders. If the prime contractor fails to deliver any required performance or payment bonds, the contract with 1GPA may be terminated. The contractor may be asked to supply copies of performance and payment bonds to 1GPA for administrative purposes.

Performance Bond - The contractor shall be required to furnish an irrevocable security in the amount of 100% of the total contract price payable to the 1GPA Member, binding the contractor to provide faithful performance of the contract.

Payment Bond - The contractor shall be required to furnish non-revocable security for the protection of all persons supplying labor and material to the contractor or any subcontractor for the performance of any work related to the contract. Payment security shall be in the amount of 100% of the total contract price and be payable to the 1GPA Member.

53. MEMBER DELAYS: As required by R7-2-1087(D), the contractor will negotiate with 1GPA Member for the recovery of damages related to expenses incurred by the contractor for a delay for which the 1GPA Member is responsible, that is unreasonable under the circumstances and that was not within the contemplation of the parties to the contract.

This negotiation does not void any provision in the contract that requires notice of delays, provides for arbitration or any other procedure for settlement or provides for liquidated damages.

54. PROGRESS PAYMENTS: R7-2-1105 allows for progress payments to the contractor of construction if the contractor agrees to adhere to ARS 41-2577 (B) (D) (F). All progress payments must be invoiced to the 1GPA member. It is the responsibility of the 1GPA member to review and approve any estimates of work completed. Payment shall be made within 14 days after the estimate of the work is certified and approve, except that a percentage of all estimates shall be retained as provided in R7-2-1104. If the 1GPA member issues a written statement to the Bidder that the estimate of work is not approved and certified, the 1GPA member may withhold an amount from the progress payment that

SPECIAL TERMS AND CONDITIONS
1GPA 23-07P Playground Solutions Page 27 of 39
the 1GPA member reasonably expects to incur in correcting the deficiency set forth in the written finding, as permitted in R7-2-1105 (A). In such cases, the Bidder agrees to hold 1GPA harmless for any deficiency payment.

Progress payments may be made to the prime contractor on the basis of a duly certified and approved estimate of work performed during the preceding month. The prime contractor must agree to pay any subcontractors or material suppliers within seven (7) days of their receipt of the progress payment, unless otherwise agreed on in writing between the parties involved.

Once all bonds are in place, the prime contractor and the 1GPA member will agree upon a schedule of payments based on identifiable milestones.

If any payment to the contractor is delayed after the date due, interest shall be paid at the rate of one percent per month, or a fraction of a month, on such unpaid balance as may be due. Any late charges will be the responsibility of the 1GPA Member.

Acceptance of final payment is a waiver of all claims except unsettled claims previously made in writing.

55. RETENTION: Ten (10) percent of all contract payments shall be retained by the 1GPA member as insurance of proper performance of the contractor. Contractor agrees to identify the amount to be retained on invoices to 1GPA member for each progress payment.

When the contract is fifty (50) percent completed, on half of the amount retained shall be paid to the contractor upon the contractor’s requests provided the contractor is making satisfactory progress on the contract and there is no specific cause or claim requiring a greater amount to be retained.

After the contract is fifty (50) percent completed, no more than five percent of the amount of any subsequent progress payments shall be retained providing the contractor is making satisfactory progress on the project, except if at any time the governing board of the member determines satisfactory progress is not being made, at which point ten percent retention shall be reinstated.

Retention applies only to amounts payable for construction and does not apply to amounts payable for design services, preconstruction services, finance services, maintenance services, or any other related services included in the contract.

If the 1GPA member and the contractor agree to a substitute security, the agreement must be in full compliance with R7-2-1104 (D)(E)(F)(G). If a substitute security is agreed to, the prime contractor must provide 1GPA member with a signed and acknowledged waiver of any right or power of the obligor to set off any claim against 1GPA member.

SCOPE OF WORK
1GPA 23-07P Playground Solutions Page 28 of 39
1) PURPOSE
The purpose of this Invitation for Bid (IFB) is to establish contracts with responsive and responsible firms that provide a wide array of Playground Solutions. The intent is to cover the entire nature of Playground products and services for the use of 1GPA Members on an as-needed basis. Products may include but are not limited to: playground equipment, water play equipment, shade structures, playground surfaces, etc. Any applicable services that align with Playground Solutions such as installation, demolition of existing structures, inspections, maintenance and repairs, consulting, etc. are also included. 1GPA reserves the right to award in whole or in part, by item or group of items, by section or geographic area, or make multiple awards, where such action serves the best interest of the Members of 1GPA. 2) BACKGROUND
1Government Procurement Alliance (1GPA), is a non-profit national governmental purchasing cooperative which allows public agencies to take advantage of existing contracts to purchase the goods and services they need from local and national vendors. Eligible using members include school districts, charter schools, universities, colleges, cities, towns, municipalities, counties, states, local governments, federal government, Native American communities, fire districts, and any other political subdivision.

The Pinal County Education Service Agency’s (PCESA) Mary C. O’ Brien Accommodation District (MCOB) acts as a Lead Agency for 1GPA. PCESA provides programs and services for approximately 45,000 students within 21 public school districts, in addition to the growing number of private and charter schools within Pinal County. Also served by PCESA is a large Indian community including parts of the Tohono O’ odham Nation (Papago & Pima Indians), the San Carlos Apache Indian Reservation, and Gila River Indian Community, along with the entirety of the Ak-Chin Indian Community Pinal County was founded in 1875 and is located in the central part of Arizona between Maricopa County (Phoenix) on the north and west sides, Gila County also on the north, Pima County (Tucson) on the south and Graham County on the East. It covers an area of 5,374 square miles. The estimated population in 2017 was 430,200 and growing. The county seat is located in Florence, AZ as is the Pinal County School Superintendent’s office. 1GPA currently holds Contract 18-04P Playground Solutions with twelve (12) vendors. The contract is in the fifth and final year, expiring November 16, 2022 at which time this contract will become effective. 3) REFERENCES
For additional information on references and definitions used for specifications in this solicitation, access the applicable website for the organizations listed below:
 ASTM International (ASTM): www.astm.org
 American Concrete Institute Building Code (ACI): https://www.concrete.org/  American Institute of Steel Construction (AISC): https://www.aisc.org/  American Welding Society (AWS): http://www.aws.org/
 Americans with Disabilities Act (ADA): www.ada.gov
 US Access Board (UAB); https://www.access-board.gov/
 Arizona Registrar of Contractors (ROC): https://roc.az.gov/  Code of Federal Regulations (CFR): https://www.govinfo.gov/app/collection/CFR  Consumer Product Safety Commission (CPSC): www.cpsc.gov  International Organization for Standardization (ISO): www.iso.org  Occupational Safety and Health Administration (OSHA): www.osha.gov  International Building Code: https://codes.iccsafe.org/codes/i-codes

SCOPE OF WORK
1GPA 23-07P Playground Solutions Page 29 of 39
 International Code Council (ICC): www.iccsafe.org
 International Play Equipment Manufacturers Association (IPEMA): www.ipema.org  National Fire Protection Association (NFPA): www.nfpa.org  National Playground Contractors Association (NPCAI): www.playground-contractors.org  Printed Handbook for Public Playground Safety (CPSC): https://www.cpsc.gov/s3fs-public/325.pdf 4) SCOPE OF WORK
The resulting contract will be comprised of the entire “from the ground up” solution for Playgrounds, Parks and Recreational Outdoor sites. Design services, foundations to support in ground structures, playground equipment, removal of old equipment, surfaces, site accessories, and services. Vendors are not required to provide products and services in all scope of work areas to be considered for award.

A. QUALIFICATIONS: Contractors, sub-contractor and/or manufacturer shall provide a history of experience in the industry in which they are submitting bids.

B. PRODUCT STANDARDS AND GUIDELINES: Contractor(s) providing products and/or services under the contract resulting from this solicitation shall be in compliance with all current and applicable federal, state and local laws and industry standards for the state in which the work is being performed.

Public Playground Safety Handbook: Contractor shall adhere to all guidelines included in the Public Playground Safety Handbook published by the U.S. Consumer Product Safety Commission that can be found at https://www.cpsc.gov/s3fspublic/325.pdf..

C. MATERIAL SPECIFICATIONS: Equipment material specifications may vary between cities, counties, schools, and states. Each Member will provide required specifications to include, but not be limited to, acceptable material, finish, diameters, thickness, gage, and angles of all components when placing orders as necessary D. PLAYGROUND EQUIPMENT
Types of Equipment: Playground Equipment, Outdoor Fitness, Site Accessories, and other related equipment, materials, and parts to be provided under the resulting contract include, but are not limited to:

Play Structures:

Bridges Tunnels Slides
Decks Transfer Points Sliding Poles
Overhead Ladders Ramps Corkscrew Climbers
Spiral Climbers Vertical Ladders Parallel Bars
Play Enclosures Chinning Bars Chain Walks
Loop Ladders Activity Panels
Independent Play Equipment
Spring Riders Activity Panels Swings
Diggers Climbers Electronic Products or Slides
Musical Play
Outdoor Fitness and Sports Equipment
Sit-Up Benches Overhead Climber Push-Up Bars
Climbing Walls Leg Stretchers Parallel Bars
Balance Beams

SCOPE OF WORK
1GPA 23-07P Playground Solutions Page 30 of 39
Water Play Equipment
Splash Pad Systems Ground Spray Elements Pumps, Filters and Parts Commercial Grade Above
Ground Features
Custom Features Holding Tanks
Control Systems and Activators Activity Towers Fountains Prefabricated/Pre-Engineered Shelters
Pavilions Shelters Gazebos
Ramadas
Additional Equipment and Accessories
Powder Coatings Picnic Tables Shower Towers
Weather-Proof Coatings Litter Receptacles Foot Sprayers Signage Cooking Grills Bicycle Racks
Benches Water Fountains Portable Bleachers
Misters
E. SHADE STRUCTURES:

Fabric Material
 Fabric canopies available in a variety of colors, patterns and designs.  Fabric material should be constructed using a knitting process with ultraviolet (UV) inhibited thread.  Fabric shall be resistant to runs and tears.
 Fabric shall be mildew and fade resistant.

Steel Structures
 Steel structures should be available in various designs, sizes, heights, etc. dependent upon the Member’s needs.
 Steel components should be powder coated with an outdoor UV inhibited, weather resistant polyester powder as per industry standards as applicable. Other coatings may also be included under the resulting contract.

Concrete Footing
 Concrete footings shall be designed and constructed to meet soil conditions, structure span, structural load, height and current applicable building codes.

F. PLAYGROUND SURFACES:
 Unitary Surfacing options may include, but are not limited to pour in place rubber, rubber tile surfacing  Loose-Fill Surfacing options may include, but are not limited to Engineered Wood Fiber (EWF), Shredded/Recycled Rubber, Sand, Pea Gravel, Wood Mulch (non-CCA), Wood Chips  Aquatic surfacing for water play areas
G. PLAYGROUND SERVICES:

The Contractor shall provide all labor, supervision, transportation, equipment (including testing and all personal protection equipment), tools, and all effort necessary to perform the work described within this solicitation. Each contractor assigned to this contract shall have the licenses and technical ability to provide services.

SCOPE OF WORK
1GPA 23-07P Playground Solutions Page 31 of 39
Design
Contractor(s) should have the ability to design appropriate play systems/structures to fit the needs of the Member.

Contractor may be required to provide drawings (plan and evaluation) of all pertinent aspects of the play structures/equipment and its method of connection to the work. Final playground drawings shall be to scale, legible and must show location of play equipment and dimensions of use zones. All designs shall indicate ADA accessible routes, and percentage of ADA accessible components.

Site Preparation and Installation
 All Products and equipment provided under this Contract that require assembly and installation should be performed by certified installers in accordance with all manufacturer specifications as to not void the product warranty.
 Contractor shall perform all installation services according to the standards established by the terms, specifications, drawings, and construction notes for each project, and meet manufacturer’s specifications and industry standards.
 The Installer shall obtain clarification concerning questions or conflicts in the specifications, drawings, and construction notes in a timely manner as to not delay the progress of work.  All work performed by the Contractor shall be subject to inspection and approval by the requesting Member.  The Member may opt to waive installation by contractor and assemble products with in-house personnel.

Inspection Services
Inspections and/or audits are for the purpose of checking for hazards and to test the performance of an entire play area. Inspection services may be performed monthly, quarterly, annually or on demand as mutually agreed upon between the Contractor and the Member. Inspections should be performed by a Certified Playground Safety Inspector (CPSI).

Maintenance and Repair Services
Potentially hazardous and/or non-compliant conditions identified shall be properly maintained and/or repaired under this contract. Maintenance and repair services may include but are not limited to:
 Supply and Install Replacement Parts and Components
 Sand Cleaning
 Sanitization and Graffiti Removal
 Power Washing
 Surfacing Material Reconditioning and Replenish
 Rubberized Safety Surface Repairs and Restoration
 Shade Structure and Fabric Replacement
Other Services
Other services provided under this contract may include but are not limited to:
 Consulting
 Expert witness services

SCOPE OF WORK
1GPA 23-07P Playground Solutions Page 32 of 39
 Training and certification programs
H. DELIVERY:
 Emergency or rush deliveries requested by the Member that require special shipping and handling charges may be at the Member’s expense, but only with prior written approval from the Member. Emergency or rush shipping charges shall be added to an invoice as a separate line item.  In the event emergency or rush delivery is required as the result of a Contractor’s error, all shipping and handling charges shall be paid by the Contractor.
 The Member reserves the right to examine freight cost and route shipments with their own contracted carrier.  Under no circumstances shall the Contractor increase their profit margin through shipping charges.

I. SCHEDULING REQUIREMENTS:
 The Contractor should have the ability to create and manage numerous individual accounts for order placement, billing, and reporting purposes.
 Contractor shall coordinate all servicing schedules with the Member’s point of contact before beginning work.
 The Contractor shall be prepared with well-maintained equipment inventory/materials and satisfactory transportation for delivery at the work site to meet the customer demand and delivery requirements.  Labor rates bid shall include all direct labor and burden, equipment, small tools, common expendables.

Labor rates shall be divided into the following categories:

Regular Service: work performed between 6:00 AM to 6:00 PM, Monday through Friday, excluding holidays.

After Hours: work performed after 6:00 PM and before 6:00 AM the next morning.

Weekends & Holidays: work performed Saturday, Sunday, or during a holiday.

J. ORDERING AND JOB COMPLETION PROCESS:

Request for Service: The 1GPA Member will notify the contractor of the need for services. Request for quote/estimate for a specific scope of work will be issued by the Member.

Site Visit: Dependent upon the complexity/nature of the project, a site visit may be held by the Member to allow the contractor(s) to inspect and observe important issues regarding the project to ensure accurate cost estimates.

Project Quotations: After a site review of the project, Contractor shall submit the project quote to the Member within the specified time frame. Quotes should be easily verifiable against the contract pricing by clearly listing the unit price or rate for each line item.

SCOPE OF WORK
1GPA 23-07P Playground Solutions Page 33 of 39
Purchase Order: The Member shall issue a purchase order upon approval of the quotation and prior to the commencement of any work. The purchase order should reference the 1GPA contract number.

Change Orders: All change orders to a project must be in writing, referencing the contract number and approved by the Member prior to authorization to proceed. The Contractor who fails to acquire change orders in writing runs the risk of incurring these additional costs without payment. A revised purchase order may be required.

Delivery and Installation: Contractor will notify the Member when material has been received and provide a proposed project completion date. Installation shall start within seven (7) working days after material is received unless otherwise agreed upon by the Member and the Contractor.

Preconstruction Meeting: When requested by the Member, the contractor will arrange a meeting at the site with supervisor and the Member to review site conditions, security procedures, work responsibilities, loading and unloading restrictions, etc.

Final Inspection: Each job will have a final inspection by the Member and/or governing authorities prior to final payment
Invoicing: After completion of services, the Contractor shall submit a detailed invoice to the Member. The invoice should be easily verifiable against the contract pricing schedule and shall include, at minimum, the Member’s purchase order number, the 1GPA contract number and the job location.

Rented equipment charges (submitted with a copy of the invoice from rental firm) shall not add additional sales tax other than what the rental firm has posted. A flat administrative fee may be added as a separate line item in accordance with the contract rates.

Payment After Job Completion: Payment shall not be provided until inspection is completed and an approval signature is provided by authorized member representative. In case of non-satisfactory completion of any individual project, the member reserves the right to withhold payment as permissible by law.

Progress Payments - Members may make progress payments under the following conditions:

1. Member and Contractor agree to the terms of the progress payments prior to issuing a purchase order.

2. Purchase order describes the amounts or percentages and the dates or frequency of payments.

3. Payments are made in full compliance with Member’s local governing entity rules.

SUBMITTAL REQUIREMENTS
1GPA 23-07P Playground Solutions Page 34 of 39

1. ELECTRONIC SUBMITTAL – REQUIRED
An electronic submission is required. The electronic submission is to be uploaded online through OpenGov Procurement. Submittal instructions for OpenGov Procurement are found on the last page of this document under Exhibit A.

Bids will be time stamped when received by OpenGov Procurement. Bids will be accepted up to but no later than the time indicated in this Solicitation or as amended in writing by 1GPA. Bids will not be received or considered after the time stated in this Solicitation (or as amended). Bidder assumes the risk of any delay in their submission. 1GPA strongly recommends that you give yourself sufficient time and at least ONE (1) day before Bid Due Date and Time to begin the uploading process and to finalize your submission.

2. BID FORMAT AND SUBMISSION REQUIREMENTS THROUGH OPEN GOV PROCUREMENT Each bid should be submitted on the forms and in the format specified. 1GPA will not provide any reimbursement for the cost of developing or presenting proposals in response to this Solicitation. Complete each section on the Open Gov Procurement platform for this project. Items marked with an asterisk require a response to submit your bid. Failure to include the requested information may have a negative impact on the evaluation of the vendor’s bid.

3. DEALER/RESELLERS
Manufacturers should provide a list of authorized dealers/resellers with their bids where indicated in the OpenGov Procurement online portal. Dealers/resellers shall be bound to the contract terms and conditions and pricing schedules.

4. SUBCONTRACTORS
Subcontractors providing installation services shall comply with State and City Contractors License Law and be duly registered and licensed thereunder. Bidders shall provide a list of any subcontractors used to complete the work performed under the resultant contract. Any work performed by subcontractors shall adhere to the contract terms and conditions and pricing schedules.

5. BID SECURITY
Acceptable bid security for this solicitation will be a certified check or an annual or one time bid bond underwritten by a surety company licensed to issue bid bonds in the appropriate state construction with take place, with the principal being the prime contractor and 1GPA being the Agency of Record.

Upload an acceptable bid security in the amount of $100,000 where indicated in the Vendor Submission section of the OpenGov Procurement online portal. For vendors submitting bid bonds, the associated Power of Attorney should also be uploaded in the same section. Contact Rebecca Seifert at [email protected] for submittal instructions prior to the bid due date and time if your firm intends on submitting a certified check as bid security.

6. REQUIRED FORMS
Download, complete and upload each required form in the Vendor Submission section of the OpenGov Procurement online portal. Multiple files may be uploaded if there are supporting documents your firm wishes to submit. Be sure all forms are thoroughly completed and signed by your firm’s authorized representative. Failure to submit complete forms may result in rejection of the bid.

SUBMITTAL REQUIREMENTS
1GPA 23-07P Playground Solutions Page 35 of 39

7. AMENDMENT ACKNOWLEDGEMENT
Solicitation amendments shall be acknowledged through the OpenGov Procurement portal during bid submission. If an amendment is issued after your bid has been submitted to the portal, you must log back in, unsubmit your bid, acknowledge the new addendum and then resubmit the bid. Click the “?” in the top right corner of the home screen to access the OpenGov Procurement Help Center or use the chat feature in the lower right-hand corner to ask for assistance from OpenGov Procurement.
1GPA 23-07P Playground Solutions Page 36 of 39

BID BOND
KNOW ALL MEN BY THESE PRESENTS:

THAT,
(hereinafter called Principal), as Principal, and
, a corporation organized and existing under the laws of the State Of , with its principal office in the City of
, (hereinafter called the
Surety), as Surety, are held and firmly bound unto 1Government Procurement Alliance (hereinafter called the Obligee) in the amount of ___________________________________________ (Dollars) ($________________________) , for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted a Bid for:

NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.

The prevailing party in a suit on this bond shall recover as a part of his judgment such reasonable attorneys' fees as may be fixed by a judge of the Court.

Witness our hands this _____________ day of ______________________________________________ 20 ____________

Principal Seal

BY

Surety Seal
BY

Agency of Record
1GPA 23-07P Playground Solutions Page 37 of 39

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

THAT, ___________________________________________________________________________________________ (hereinafter called Principal), as Principal, and ________________________________________________________________ ________________________________________________ , a corporation organized and existing under the laws of the State Of ____________________________________________________________________ , with its principal office in the City of __________________________________________________________________________________ , (hereinafter called the Surety), as Surety, are held and firmly bound unto the Name of the 1GPA Member goes here (hereinafter called the Obligee) in the amount of ________________________________________ (Dollars) ($________________________) , for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the ___________________ day of ___________________________________________________ 20________, for the material, service or construction described as ___________________________________________________________________________________________ ______________________________________________________________________________________________________ which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform and fulfill all the undertakings, convenants, terms, conditions and agreements of said contract during the original term of said contract and any extension thereof, with or without notice to the Surety and during the life of any guaranty required under the contract, and shall also perform and fulfill all the undertakings, convenants, terms, conditions, and agreements of any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; then the above obligations shall be void, otherwise to remain in full force and effect.

The prevailing party in a suit on this bond shall recover as a part of his judgment such reasonable attorneys' fees as may be fixed by a judge of the Court.

Witness our hands this _____________ day of ______________________________________________ 20 _______________ ______________________________________________
Principal Seal
BY ______________________________________________
______________________________________________
Surety Seal
BY _____________________________________________
_____________________________________________

Agency of Record
1GPA 23-07P Playground Solutions Page 38 of 39

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:

THAT,
(hereinafter called Principal), as Principal, and
, a corporation organized and existing under the laws of the State Of , with its principal office in the City of
, (hereinafter called the
Surety), as Surety, are held and firmly bound unto the Name of the 1GPA Member goes here. (hereinafter called the Obligee) in the amount of (Dollars) ($________________________) , for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of 20 ,to construct and complete a certain
work described as

which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall promptly pay all monies due to all persons supplying labor or materials to him or his subcontractors in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect.

The prevailing party in a suit on this bond shall recover as a part of his judgment such reasonable attorneys' fees as may be fixed by a judge of the Court.

Witness our hands this day of , 20

Principal Seal
BY

Surety Seal
BY

Agency of Record
1GPA 23-07P Playground Solutions Page 39 of 39

EXHIBIT A

OPENGOV PROCUREMENT SUBMISSION INSTRUCTIONS
Please contact OpenGov Procurement at http://help.procurenow.com/en/collections/1392366-vendor-guides for technical questions related to your submission.

Please follow these instructions to submit via the OpenGov Procurement public portal.

1. Create a OpenGov Procurement Account:
 Register to access solicitation documents and upload responses at https://procurement.opengov.com/portal/1gpa by selecting Subscribe to create an account. Detailed instructions may be found at http://help.procurenow.com/en/articles/2482165-vendor-registration  Follow updates to existing solicitations and receive email notices of amendments/addenda posted by finding the solicitation and clicking the “Follow” button. Ultimately, it is the sole responsibility of each offeror to periodically check the site for any amendments/addenda issued at https://procurement.opengov.com/portal/1gpa.

2. Prepare your submission materials:
 Do not embed any documents within your uploaded files, as they will not be accessible or evaluated.

3. Upload your submission at: https://procurement.opengov.com/portal/1gpa  Your submission must be uploaded, submitted, and finalized prior to the Closing Time of SEPTEMBER 27 AT 11:00 AM ARIZONA TIME OR AS AMENDED
 We strongly recommend that you give yourself sufficient time and at least ONE (1) day before Closing Time to begin the uploading process and to finalize your submission.

4. Important Notes:
 Questions related to this solicitation should be submitted through the OpenGov online portal.  Each item of Requested Information/Document will only be visible after the Closing Time.  Uploading large documents may take significant time, depending on the size of the file(s) and your Internet connection speed.
 You will receive an email confirmation with a date/time stamp once you finalize your submission.  Minimum system requirements: OpenGov Procurement is compatible with major browsers such as Chrome, Firefox, Microsoft Internet Explorer, Edge and Safari. It can be accessed on all Android and IOS devices. 1 | Page
SOLICITATION AMENDMENT #1
Playground Solutions
IFB 23‐07P
Solicitation Due Date and Time: September 27, 2022 at 11:00 AM Arizona Time

The above-mentioned solicitation is hereby amended as follows:

1. Replace Cost Form with Cost_Form_23-07P Amend 1. Changes have been made to Tab 5-MARKET BASKET. The revised Cost Form can be downloaded under item 3.1 Cost Form in the Vendor Submission section of the project on the OpenGov Procurement online portal The following questions were received in relation to this solicitation:

QUESTION RESPONSE
For Special Terms and Conditions #18 “Price
Adjustments for Discount Pricing”, are
manufacturers price list not accepted in the Excel
workbooks any longer?
PDF format is preferred for submission of
Manufacturers Price Lists.  An Excel format may also be accepted as a manufacturer’s price list update if it
comes directly from the manufacturer.  Cost Form
changes that are submitted by the distributor are
considered a fixed price adjustment and would
therefore need to be submitted through the
amendment process.

For Section 3.4 “Fixed Price” on the OpenGov
Procurement Platform, is there a clickable link to
enter fixed pricing?
No ‐ there is nothing to download in this section.  You may upload a single document or multiple documents
under 3.4.

The current contract 18‐04P Playground Solutions
currently has 12 vendors awarded.  Will there be a
limit as to how many new vendors will be awarded?
No ‐ there are many factors that go into the evaluation for award.  Multiple awards will be based on the needs
of 1GPA members nationally.

Each vendor offers something a little different.  Will
partial bids be accepted or is this an all or nothing
bid?
Partial bids will be accepted (see Special Term and
Condition #5 Form of Contract and #13 Multiple
Awards).  This is not an all or nothing bid.

Is there a recording available of the Pre‐Bid
conference that can be viewed after‐the‐fact?
No – the meeting was not recorded.

Is it permissible to use a percentage of equipment
price for the installation numbers?
Yes
2 | Page
Other Points of Information:

1. Review OpenGov and the forms required prior to the morning of the solicitation’s due date and time.

Be sure the forms are complete and signed by the authorized representative.

2. A $100,000 Bid Bond is required with the submittal – see Special Term and Condition #51 of the IFB.

3. Water Play is now included in the scope of work.

4. Vendors may ask questions through the OpenGov Procurement portal or by email at [email protected] until the due date and time for questions.

5. You will receive a green check through OpenGov when you’ve uploaded a form successfully, however the system does not verify that the form you uploaded is the correct form.

All other provisions of the solicitation shall remain in their entirety. Firms should acknowledge receipt of this amendment electronically through the OpenGov Procurement portal for this project prior to the due date and time referenced above.

If you have any questions or concerns, please feel free to contact Rebeca Seifert at [email protected] or submit a question through the OpenGov Procurement portal.

1 | Page
SOLICITATION AMENDMENT #2
Playground Solutions
IFB 23‐07P
The above-mentioned solicitation is hereby amended as follows:

1. IFB Cover Page, Change Bid Due Date and Time to October 6, 2022 at 11:00 AM Arizona Time.

All other provisions of the solicitation shall remain in their entirety. Firms should acknowledge receipt of this amendment electronically through the OpenGov Procurement portal for this project prior to the due date and time referenced above.

1 | Page
SOLICITATION AMENDMENT #3
Playground Solutions
IFB 23‐07P
The above-mentioned solicitation is hereby amended as follows:

1. IFB Cover Page, Last Day for Questions change to September 27, 2022 at 5:00 PM Arizona Time.

2. Open Gov Procurement, Vendor Submission Item 3.1 Cost Form, 5-Market Basket, Line 21 change description to “Pyramid Fabric Shade Structure, 14’ H X 14’ W X 14’ L.

All other provisions of the solicitation shall remain in their entirety. Firms should acknowledge receipt of this amendment electronically through the OpenGov Procurement portal for this project prior to the due date and time referenced above.

1910 W. Washington St., Phoenix, AZ 85009
www.1GPA.org
October 26, 2022
Miracle Playground Sales
9106 Pulsar Ct #C
Corona, CA 92883
[email protected]
Attn: Monte Corley
1GPA is pleased to announce that your company has been awarded a contract for the following products and/or services based on your firm’s proposal submitted to 1GPA in response to Invitation For Bid # 23- 07P for Playground Solutions:

Commodity/Contract Title:

Playground Solutions
Contractor/Vendor:

Miracle Playground Sales
Contract Number:
23‐07P‐07
The contract is effective November 16, 2022 and will expire on November 16, 2023. The contract may be renewed annually for up to an additional four years, if mutually agreed to by 1GPA and your firm.

This contract will replace your current contract 18-04P-06 Playground Solutions upon its expiration.

Miracle Playground Sales has been awarded a National Contract with 1GPA and may be utilized anywhere in the United States, however, this is a multiple award and the Lead Agency may or may not utilize your firm’s products/services.

The 1GPA partnership can be of great help to participating agencies. Please feel free to provide copies of this letter to your sales representative to assist in their work. Please review the Vendor Welcome Guide that is included in the Award Notification Email.

If you have any questions or concerns, please feel free to contact Christy Knorr at the 1GPA office via email at [email protected]. We look forward to working with you and your team! Sincerely,
Christy Knorr, Vice President
1Government Procurement Alliance (1GPA)

EXECUTIVE SUMMARY

PLAYGROUND SOLUTIONS
IFB 23‐07P
The purpose of this solicitation is to enter into contracts with qualified firms that provide a broad range of playground solutions utilized by the Lead Agency and Members of 1GPA Cooperative. Products and/or services anticipated to be covered under the awarded contract include, but are not limited to various types of playground and waterplay equipment, installation, inspection, repair, maintenance and other miscellaneous related products and services as needed in compliance with Arizona School Procurement Rules.
1GPA is awarding contracts to cover all of Arizona. Firms were also allowed to submit responses to include other states. Firms shall follow the laws as applicable in all states in which they submitted bids and assure that this solicitation meets the requirements of said states. Mary C. O'Brien Accommodation School/Pinal County ESA is the lead agency for this solicitation.

The invitation for bid was issued on August 17, 2022 and sent to the prospective bidders via OpenGov Procurement, Public Purchase and posted on the 1GPA website. More than 710 vendors received notification of the solicitation. This solicitation was advertised as follows:
 The Pinal Central Dispatch on August 18, 2022 and August 25, 2022  The San Manuel Miner on August 17, 2022 and August 24, 2022  The AZ Capitol Times on August 19, 2022
 USA Today on August 19, 2022
 The DJC Oregon on August 19, 2022
The bid opening was held on October 6, 2022 at 11:00 a.m. virtually via Zoom. Thirteen (13) responses were received.

Firms that were considered responsible and responsive were evaluated solely on cost factors as set forth in the IFB. Evaluation was based on the following cost factors: 1) minimum percent discounts/fixed price schedules, 2) market basket pricing, 3) installation and service rates and 4) regional costs for members outside of Maricopa County.

It was determined that a single award is not advantageous for all cooperative members of 1GPA. The solicitation authorized multiple awards to meet the needs of 1GPA’s diverse membership. Awards were recommended to the least number of bidders and a complete justification for a multiple award has been determined and filed with the procurement file.

Awarded Firms
Altitude Recreation Inc.

Arizona Recreation Design Inc.

Dave Bang Associates Inc.

Exerplay Inc.

Flexground LLC
Kidstuff Playsystems Inc.

Miracle Playground Sales
Play It Safe Playgrounds and Park Equipment Inc.

Shade ‘N Net of Arizona Inc.

Synthetic Turf Resources (STR) dba SYNLawn
Non‐Awarded Firms
Competitive Edge Contracting
SHADE Industries
T.F. Harper & Associates LP
This is a multi-year contract beginning November 16, 2022 for one year. The contract may be extended up to a maximum of four (4) additional years on a year-to-year basis. Annual renewals would be based solely on the determination of the Lead Agency and 1GPA as to the performance, costs and general quality of the services provided by the successful vendors selected. Determination for usage of a Multiple Term Contract in accordance with A.A.C. R7-2-1093 has been provided in the solicitation files. 1GPA
Procurement
Christy Knorr, Vice President
1910 W Washington St, Phoenix, AZ 85009

PROPOSAL DOCUMENT REPORT
IFB PV No. 23-07P
Playground Solutions
RESPONSE DEADLINE: October 6, 2022 at 11:00 am
Report Generated: Wednesday, October 12, 2022
Miracle Playground Sales Proposal

CONTACT INFORMATION
Company:

Miracle Playground Sales
Email:
[email protected]
Contact:

Monte Corley
Address:
9106 Pulsar Ct
Unit C
Corona, CA 92883
Phone:

N/A
Website:
www.miracleplayground.com
Submission Date:

Oct 5, 2022 9:59 PM

PROPOSAL DOCUMENT REPORT
IFB PV No. 23-07P
Playground Solutions

PROPOSAL DOCUMENT REPORT
General Solicitation - Playground Solutions