Safety and Communities Committee
September 12, 2022

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www.modestogov.com
AGENDA
City of Modesto

SAFETY AND COMMUNITIES COMMITTEE / COUNCIL

WORKSHOP
Held Via Teleconference
(To Access Meeting Please See Instructions Below)
Monday, September 12, 2022 at 5:00 PM
*Roll Call: Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
Alternates: Jenny Kenoyer, Tony Madrigal, David Wright
* Please Note: In order to respond to COVID-19, and pursuant to AB 361, the City will hold this meeting via teleconference and Committee Members will be calling in. “Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

THIS MEETING WILL NOT BE PHYSICALLY OPEN TO THE PUBLIC
In order to minimize the spread of the COVID-19 virus, this meeting will be conducted pursuant to AB 361, which amended the Brown Act’s teleconferencing provisions and will not be physically open to the public. You may observe and participate in the meeting via teleconference as indicated below.
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PARTICIPATING IN COMMITTEE MEETINGS IN CONFORMANCE
WITH AB 361
The City of Modesto is providing alternatives to observe and participate in Committee meetings.

If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee Members and placed in the record, but will not be read aloud during the meeting. Written comments must be received by 3:00 p.m. on the day of the meeting.

VIRTUAL PARTICIPATION BY ZOOM VIDEO

CONFERENCING AND TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view and participate in Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
 Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
 Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
 Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Committee meeting.

Joining the Committee meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can participate by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
Providing Public Comment on Zoom and by Telephone
The Committee Chairman will request public comment during the Public Comment periods on the meeting agendas and during each Regular Calendar Item on the Committee Agenda. Once the Chairman has announced the public comment period, please do one of the following.

USING A COMPUTER OR SMART PHONE APP:
 Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
 City staff will unmute your microphone when it is your turn to provide - 2 -
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public comment.
 A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.

USING A REGULAR PHONE (not using a computer or smart phone APP):
 Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment.
 City staff will unmute your microphone when it is your turn to provide public comment.
 You will hear “you are unmuted” and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.  If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.

Additional Zoom resources/support
Please visit Zoom’s website support page on helpful tips to prepare for the meeting:
https://support.zoom.us/hc/en-us/categories/201146643
Council has not delegated directive or final approval authority to the Committees. Committee actions are recommendations to the full City Council, not final decisions on an issue. This meeting is also noticed as a City Council workshop.

PUBLIC COMMENTS
Please refer to special public comment instructions above.

Three-minute time limit per speaker
Only interested persons in the audience may present these matters. Under State law, Committee Members may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Committee Members or the Committee itself may take action to direct staff to place a matter of business on a future agenda.

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Presentation by Stanislaus Regional Transit Authority regarding proposed route changes. (Funding Source: Not Applicable)
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] - 3 -
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CONSENT ITEMS – ROLL CALL VOTE REQUIRED:

Information concerning the consent items listed below has been forwarded to each Committee Member prior to this meeting for study. Unless some member of the audience or Committee Member has a question concerning an item and asks that it be withdrawn from the consent list, the Committee approves the items at one time. The action taken by the Committee in approving consent items is set forth in the explanation of this individual item.

Any and all of the following agenda items are subject to action by the Modesto City Council.

This Agenda is on file at the Modesto-Stanislaus Library Reference Room, 1500 I Street, Modesto, in the City Clerk’s Office, Sixth Floor, 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

CONSENT
An item may be removed from consent and discussed at the request of an audience member or Committee Member.

2. Consider approving an Agreement with O’Dell Engineering Inc. to prepare the Tuolumne River Regional Park (TRRP) Master Plan Update for an amount of $268,641, plus $32,237 for additional services, if needed, for an Agreement total not to exceed $300,878 and forwarding to Council for approval. (Funding Source: American Rescue Plan Act (ARPA) / TRRP - Special Revenue Fund and JPA-TRRP Special Revenue Fund-CIP)
PRN; Nathan Houx, 209-571-5526, [email protected]

3. Consider approving the competitive bidding process from National Purchasing Partners (NPPGov), League of Oregon Cities, with Park Associates, Inc. DBA Park Planet for the Purchase and Delivery of a Sensory Wall for The Awesome Spot Playground at Beyer Community Park, for a cost not to exceed $172,400 and forwarding to Council for approval. (Funding Source: American Rescue Plan Act Funding) PRN; Nathan Houx, 209-571-5526, [email protected]
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4. Consider authorizing payments not to exceed $160,000 to Belfor Property Restoration, Modesto, CA and other vendors for emergency work related to the American Legion Hall fire remediation and forwarding to Council for approval. (Funding Source: JPA TRRP Special Revenue Fund – CIP and Future Insurance Proceeds) PRN; Nathan Houx, 209-571-5526, [email protected]

5. Consider approving a one-time purchase with Watson Furniture Group, by utilizing the competitive bid process from the Houston-Galveston Area Council (H-GAC), for the Purchase and Installation of Real Time Crime Center (RTCC) Workstation Furniture, Equipment, Materials and Labor for an estimated cost not to exceed $62,627, and forwarding to Council for approval. (Funding Source: Police - Grants) POLICE DEPARTMENT; Jessica Smart, 209-572-9500, [email protected]

NEW BUSINESS

6. Consider an Ordinance amending Title 6 of the Modesto Municipal Code, “Business, Professions and Trades,” by adding Chapter 9, “Automobile Businesses,” related to use of Public Streets and Highways by Automobile Businesses and forwarding to Council for approval. (Funding Source: Not Applicable)
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected]

7. Consider approving the Third Amendment to the Agreement with Grover Landscape Services, Inc., Modesto, CA, for Landscape Services to extend the term period for up to an additional six months and increasing the amount of the Agreement by an amount not to exceed $1,331,868 for the extension period, and forwarding to Council for approval. (Funding Source: General Fund – Parks Operations, Community Facilities District Funds, Joint Powers Authority Tuolumne River Regional Park Fund, Various City and Enterprise Funds)
PRN; Kelly Gallagher, 209-342-2270, [email protected]

MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.

ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

September 12, 2022
Date: August 18, 2022
TO: Safety and Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods Department SUBJECT: Tuolumne River Regional Park Master Plan Update Award CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], (209) 571-5526
DESCRIPTION:

Consider approving an Agreement with O’Dell Engineering Inc. to prepare the Tuolumne River Regional Park (TRRP) Master Plan Update for an amount of $268,641, plus $32,237 for additional services, if needed, for an Agreement total not to exceed $300,878 and forwarding to Council for approval. (Funding Source: American Rescue Plan Act (ARPA) / TRRP - Special Revenue Fund and JPA-TRRP Special Revenue Fund-CIP)
STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2020-2025 Strategic Plan Areas of Focus: Quality of Life and Governance and Service Delivery.

BACKGROUND:

The Tuolumne River Regional Park consists of 500-acres of riparian land within the City of Modesto and Stanislaus County. The park runs approximately 7-miles along the river’s edge stretching from the Mitchell Road bridge on the eastern boundary to just west of the Carpenter Road bridge on the western boundary.

In the early 1960’s, the community determined the Tuolumne River waterway within Modesto should be restored, preserved, and enhanced as an open space river corridor to provide Stanislaus County residents with conservation and recreation benefits and contribute to the economics of the region. This effort resulted in the development of a land use plan and refined Master Plan(s) for specific sections of the river corridor. These preliminary efforts were the #2..
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Tuolumne River Regional Park Master Plan Award

basis for the 1972 formation of the Tuolumne River Regional Park (TRRP) Joint Powers Authority (JPA), consisting of the City of Ceres, City of Modesto and County of Stanislaus.

In 1999, the Tuolumne River Regional Park Commission updated the original land use plan, which included preparation of a TRRP Master Plan and Master Environmental Impact Report.

The Master Plan and Master Environmental Impact Report (MEIR) were developed over a twoyear period and were certified by the TRRP Commission and adopted by Ceres City Council, Modesto City Council and County Board of Supervisors in 2001.

In the subsequent years, 2002-2022, various sections of the TRRP were planned and developed into riparian conservation and recreation areas. To date, the majority of this work has been focused within the Gateway Area. There are currently seven (7) projects in the planning stage that will be constructed beginning in spring 2023 and continuing through 2025.

DISCUSSION:

Since adoption of the 2001 TRRP Master Plan, economic, operational and site conditions, have once again changed. To meet the needs of the public demand and pursue a more sustainable operating structure for TRRP, the TRRP Commission recognizes the need for a Master Plan Update. A few of the areas of the TRRP Master Plan will have minimal updates based on the work completed to date and/or future planned work. There are four areas of the Master Plan Update which are anticipated to be the focus of the intensive design changes during this update:
eastern portion of Legion Park Area, northern half of the Gateway Parcel Area, Golf Course Area and Carpenter Road Area.

The Master Plan Update process shall include community and stakeholder outreach, concept plan preparation, opportunities and constraints analysis including program development, preliminary and final master plans, environmental documentation, economic development strategy, and multi-agency government approvals. Additionally, the Master Plan Update will be more refined for the four-(4) focus areas noted above and provide concept design details similar to the 2005 Gateway Parcel Precise Plan layout.

In accordance with Administrative Directive 3.1, “Selection Procedures for Professional Consultants Who Provide Architectural & Engineering for Capital Projects,” staff initiated a Request for Qualifications and Proposals (RFQ/P) to perform Professional Design Consulting Services.

On September 15, 2021, the City’s Parks Planning and Development Division issued a Request for Proposals (RFP) # PPD-21-02 for professional design consulting services for the TRRP Master Plan Update. On October 19, 2021, staff received one (1) consultant proposal. A consultant selection committee was formed and met to review the proposal received. The committee determined that the prospective professional design consultant, O’Dell Engineering, Inc., is well qualified to complete the project. Additionally, since only one proposal was received a formal interview of the prospective consultant was not necessary.

Based on the results of the RFP, staff recommends the Council approve an agreement with O’Dell Engineering of Modesto, Ca in the amount of $268,641 to complete the TRRP Master Plan Update.

In addition, staff recommends Council approve a 12% additional services budget in the amount of $32,237 to allow for additional services that may be required due to unforeseen conditions, #2..
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Tuolumne River Regional Park Master Plan Award

delays or expenses for an agreement total not to exceed $300,878. This additional services budget does not commit the city to spend the additional funding, but allows the Department Director to approve change orders up to the additional services limit, without further council action.

In accordance with Modesto Municipal Code Sec. 8-3.204(a), Exceptions to Formal Bidding Requirements, the agreement is for professional services and, therefore, exempt from the bidding requirement. The approval of the agreement for services for the TRRP Master Plan to O’Dell Engineering, Inc. of Modesto, CA conforms to Modesto Municipal Code 8-3.204, subsection (a).

FISCAL IMPACT:

On July 12, 2022, per Council Resolution 2022-307, City Council approved the revised spending plan for the American Rescue Plan Act (ARPA) which included $175,000 designated to the TRRP Master Plan update. These funds were placed in the TRRP Special Revenue Fund (6720) to allocate to project 101429 – TRRP Master Plan Update, which will be one of two funding sources for this project. The remaining amount, up to $125,878, will be funded by Project 101230 -TRRP Master Plan Update 2020 located in the JPA-TRRP Special Revenue Fund-CIP (6710). Staff and other incidental costs to complete the TRRP Master Plan Update will be funded by the remaining funding in Project 101230.

Revenue:

Project 101429 $175,000
Project 101230 $175,359
Total Revenue $350,359
Anticipated Expenses:

O’Dell Engineering Agreement (Not to Exceed) $300,878
Current staff costs $ 7,332
Additional staff and other incidental costs (Estimated) $ 42,149 Total Anticipated Expenses $350,359
CEQA/NEPA REQUIREMENTS:

No environmental review is needed for this action as it is an administrative action.

Environmental review of the project will be completed as a part of the design process for this project.

Approved by:

Laurie A. Smith, Director of Parks, Recreation and
Neighborhoods Department
Joseph P. Lopez, City Manager
Attachments:

1. Agreement – O’Dell Engineering

2. Exhibit A – Scope of Work

3. Exhibit B – Hourly Rates
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STANDARD AGREEMENT

FOR CONSULTANT SERVICES

FOR TRRP MASTER PLAN UPDATE
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this ________ day of _________, 2022, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and O’DELL ENGINEERING, INC, a California corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined that a Master Plan Update should be prepared for the Tuolumne River Regional Park; Profession Design Consulting Services are needed for the Tuolumne River Regional Park Master Plan Update Project.

B. Consultant represents that it is qualified, willing and able to provide the services to prepare said document(s).

NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "Project". The Consultant shall perform the services as described in Exhibit "A" in a manner consistent with the professional skill and care ordinarily provided by firms practicing in the same or similar locality under the same or similar circumstances (hereinafter the “Standard of Care”) , and shall produce a fully complete project that is acceptable to City. #2..
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2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as “Project” attached hereto as Exhibit "A" and made a part hereof. City hereby gives Consultant notice to proceed with the preparation of the Project in the manner described in Exhibit "A", as of the Effective Date of this Agreement. Consultant shall diligently proceed with the Professional Design Consulting Services of the Project until the completion of items outlined in Exhibit “A”.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed $268,641 (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.

The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, #2..
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and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this project.

No retainage will be withheld by City from progress payments due the Consultant. Retainage by the Consultant or subconsultants is prohibited, and no retainage will be held by the Consultant from progress due subconsultants. Any violation of this provision shall subject the violating Consultant or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the Consultant or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE Consultants and subconsultants.

Reimbursable Expenses including all printing and reproduction, travel, vehicle mileage, delivery and horticultural soils samples expenses will be billed at cost. The total cost for all reimbursable expenses for the Project shall not exceed $3,300, and is included in the not exceed figure of $268,641. It is the responsibility of the Consultant to manage reimbursable expenses to ensure that they do not exceed this budget. Reimbursable expenses shall be invoiced to the City by monthly invoices and shall itemize the reimbursable expenses incurred during the preceding month and indicate the amount due.

Additional services may be authorized by the Department Director in an amount up to, but not to exceed 12% of the agreed maximum compensation, or $32,237. In the event that additional services are deemed necessary, the Consultant shall provide a written request to the Department Director, or designee, indicating the reason for additional work, scope #2..
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and cost of such work. The Department Director, or designee, shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the Department Director. In that event, the new total compensation shall not exceed $300,878. If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all professional licenses, qualifications and approvals legally required to conduct business. Consultant represents that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further represents that it will exercise the Standard of Care to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the Project.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Chad Kennedy, will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that twenty percent (20%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person. #2..
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6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this Agreement without the express prior written consent of City.

Title to Data
If, as a part of this Agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this Agreement will be delivered to City upon the completion or termination of services under this Agreement.

All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City. City agrees to indemnify, defend and hold the Consultant harmless from and against all claims or damages that may result from the subsequent use, reuse, transfer or modification of Consultant’s drawing and specifications, except use by the City for the purpose for which Consultant originally prepared such drawing and specifications.

7. NEWS AND INFORMATION RELEASE.

Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this #2..
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Agreement, without first obtaining review and approval of said news releases from City through the City Manager.

8. INTEREST OF CONTRACTOR.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of the term of this Agreement if so required at the option of City.

Consultant warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the consultant; to solicit or secure this contract; and that he/she has not paid or agreed to pay any company or person other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award, or formation of this Agreement. For breach or violation of this warranty, City shall have the right to annul this Agreement without liability, or at its discretion; to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

9. AMENDMENTS.

Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of #2..
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work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services.

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.

Consultant has no authority or responsibility to exercise any rights or power vested in the City.

No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement. #2..
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Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.

It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance. #2..
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12. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in this Agreement, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: O’Dell Engineering, Inc.

Address: 1165 Scenic Dr., Suite A
Modesto, CA 95350
Attention: Chad Kennedy, PLA
Phone: (209) 571-1765
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Laurie A. Smith
Phone: (209) 577-5344
Email: [email protected]
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14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the Project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General #2..
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Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and $2,000,000 policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City or State of California, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City or State of California, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City or State of California, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City of Modesto, City of Ceres, Stanislaus County and State of California, its agents, officers, #2..
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employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City of Modesto, City of Ceres, Stanislaus County and State of California, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City or State of California. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City of Modesto, City of Ceres, Stanislaus County or State of California; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY of Modesto’s, City of Ceres’, Stanislaus County and State of California additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

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

15. TERMINATION OF AGREEMENT.
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Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.

Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the term of this Agreement make it impossible or impracticable to proceed, or when the City is prevented from proceeding with this Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Project for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in #2..
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the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Agreement that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Project not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Project whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Project as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Project and/or property related to the Project;
h. If City so requests, and at City's cost, Consultant shall provide #2..
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sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the Project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under this Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Agreement such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Project properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

Authorization to Terminate Agreement
Termination of this Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk #2..
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in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

16. CERTIFIED PAYROLL REQUIREMENT.

For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.

17. INDEMNITY.

The Consultant shall hold the City of Modesto, City of Ceres, Stanislaus County and State of California, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional wrongful act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

Consultant's obligation to defend, indemnify, and hold the City of Modesto, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.
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18. DISPUTE RESOLUTION.

Venue for all claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, shall be in the Superior Court of Stanislaus County.

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

21. WAIVER.

The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing. #2..
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22. AUDIT.

The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.

Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.

24. HEADINGS NOT CONTROLLING.

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

25. COMPLIANCE WITH LAWS.

Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license.

27. LIMITATION OF LIABILITY
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To the fullest extent permitted by law, the total liability, in the aggregate, of Consultant and its officers, directors, partners, employees, agents, and subconsultants, to City, and anyone claiming through or under City, for any claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way relating to this Project or Contract, from any cause or causes, including but not limited to tort (including negligence and professional errors and omissions), strict liability, breach of contract, or breach of warranty shall not exceed the total compensation received by Consultant or $1,000,000, whichever is greater.

28. MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES
Consultant and City waive damages for loss of use, profits, revenue, business opportunity, or production, for claims, disputes, or other matters arising out of or relating to the Contract or the services provided by Consultant, regardless of whether such claim or dispute is based upon breach of contract, willful misconduct or negligent act or omission of either of them or to their employees, agents, subconsultants, or other legal theory, even if the affected party has knowledge of the possibility of such damages. This mutual waiver shall survive termination or completion of this Agreement.
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Parks, Recreation and
Neighborhoods Department
Parks Planning and
Development Division
P.O. Box 642
Modesto, California 95353
(209) 577-5344
modestogov.com
EXHIBIT ‘A’

SCOPE OF WORK

PROJECT BACKGROUND
As it resides today, the Tuolumne River Regional Parks consists of 500-acres of riparian lands meandering through the City of Modesto within the Country of Stanislaus. The park runs approximately 7-miles along the river’s edge stretching from the Mitchell Road bridge on the eastern boundary to just west of the Carpenter Road bridge on the western boundary. Within the park there are (6) identified zones: Airport Area, Legion Park Area, Gallo/Mancini Area, Gateway Parcel Area, Golf Course Area and Carpenter Road Area.

In the early 1960’s, the community determined the Tuolumne River waterway that meanders through the Modesto should be restored, preserved, and enhanced as an open space river corridor to provide Stanislaus County residents with conservation and recreation benefits and contribute to the economics of the region. This effort resulted in the development of a land use plan and refined Master Plan(s) for specific sections of the river corridor. This plan was visionary for its day. These preliminary efforts were the basis in the formation of the Tuolumne River Regional Park (TRRP) Joint Powers Authority (JPA), consisting of the City of Ceres, City of Modesto and County of Stanislaus.

In the early years of progress, three significant issues arose: insufficient public funds, changes in environmental laws and additional land added to the park. These issues caused the Tuolumne River Regional Park Commission to proceed with an update of the original land use plan, preparation of the TRRP Master Environmental Impact Report and Master Plan.

The Master Environmental Impact Report (MEIR) and Master Plan were developed over a two-year period and were certified by the TRRP Commission and adopted by Ceres City Council, Modesto City Council and County Board of Supervisors in 2001.

In the subsequent years, 2006-2019, various sections of the TRRP were developed into riparian conservation and recreation areas, open for public use. The majority of this work has been focused within the Gateway Area.
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In recent years the TRRP Commission authorized work to begin planning and design work to construct three new Class 1 bike trails (leading from the Gateway Parcel Area), the Neece Drive Non-Motorized Boat Launch Facility (Golf Course Area), Bellenita Soccer Field Complex (Carpenter Road Area), Gateway River Overlook (Gateway Parcel Area), Legion Park River Pavilion (Legion Park Area) and Legion Park Learning Theater (Legion Park Area) projects. These projects will begin construction soon and continue through 2025.

Since adoption of the 2001 TRRP Master Plan, economic conditions, site opportunities and constraints have again changed. To meet the needs of the TRRP, public demand and pursue a more stainable operating structure, the TRRP Commission recognizes the need for a Master Plan update. Many of the areas of TRRP will have minimal updates based on the work completed to date and/or future planned work. There are four areas of the Master Plan update which are anticipated to be the focus of the intensive design changes: portion of Legion Park Area, northern half of the Gateway Parcel Area, Golf Course Area and Carpenter Road Area.

SCOPE OF PROFESSIONAL DESIGN CONSULTING SERVICES
The Master Plan Update shall reflect current planning efforts, including the City of Modesto’s Bike and Pedestrian Master Plan, City of Modesto Downtown Redevelopment Plan, completed TRRP phases of work, and future TRRP phases in development (previously noted). The focus of the intensive design changes are anticipated in the specific areas listed below.

Legion Park Area – Update Master Plan to include program considerations such as a TRRP recreational vehicle, tent and group campgrounds, river center destination, ropes adventure course, neighborhood connections and/or other active recreation uses to be determined. Additionally, comply with the upcoming construction of the Legion Park River Pavilion and Learning Theater Project and planned construction of the west-bound Riverwalk Trail Project extension to Gateway Parcel via the pending Gallo property acquisition and Dry Creek channel bridge crossing.

Northern Half of the Gateway Parcel Area – The Tuolumne Road extension concept illustrated in the TRRP Gateway Parcel Precise Plan is extremely unlikely to be constructed. TRRP Master Plan update shall consider new concepts, access connections and programming opportunities for this undeveloped portion of Gateway Area. Additionally, enable completion of and comply with portions of the Gateway Area already completed. Specifically, addressing completion of the amphimeadow and the need for event parking, lighting and wayfinding signage.
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Golf Course Area – Update Master Plan to include program considerations such as a bike pump track, address conflicting uses of the Riverwalk Trail encroachment(s) onto the Dryden Golf Course, neighborhood connections as well as explore other possible programming opportunities in the area.

Additionally, comply with the upcoming construction of the Neece Drive NonMotorized Boat Launch Project and north-bound Riverwalk Trail Project extension to Gateway Parcel.

Carpenter Road Area – Updated Master Plan shall explore a new concept(s), neighborhood connections and programming opportunities for this undeveloped area. Additionally, comply with the planned construction of the Carpenter Road improved floodplain management area improvements and Bellenita Soccer Complex projects.

The Master Plan Update process shall include community and stakeholder outreach, concept plan preparation, opportunities and constraints analysis including program development, preliminary and final master plans, environmental documentation, economic development strategy, and required multi-agency government approvals.

Additionally, the Master Plan Update should be more refined for the four-(4) focus areas noted above and provide concept design details similar to the 2005 Gateway Parcel Precise Plan layout.

The project will require an experienced full-service consultant (team) with the ability to evaluate the existing conditions and make recommendations in a wide range of services including but not limited to: civil engineering, landscape architectural, planning, environmental planning, economic development and special studies.

The consultant will need to be familiar with all applicable adopted local building codes (City of Modesto), City of Modesto Park Design Standards, the existing TRRP Draft MEIR, TRRP Final MEIR, Gateway Parcel Precise Plan, subsequent environmental documentation for the Gateway Parcel Precise Plan and existing project improvements within the TRRP.

Consultant shall coordinate with all necessary Federal and State agencies to obtain approval of any environmental documentation necessary for the TRRP Master Plan Update prior to final acceptance by the TRRP JPA Partners and City of Modesto.

Monthly progress payment invoices shall include the minimum attachments: Detailed description or itemization of work completed for the time period, task billing summary, hourly rates from all consultants, per Exhibit B of this agreement. #2..
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Format Requirements: As applicable, CAD files shall be compatible with AutoCAD Civil 3D 2018 or newer. Files shall be exported using Etransmit command including all fonts, textures, references and pen settings. All sheets are to be included in one zip file.

PROFESSIONAL DESIGN CONSULTING SERVICES TO INCLUDE
Based on the above, the following scope of services to be performed in chronological order. Listed below are tasks and conditions that the consultant is expected to perform and meet on this project. It is not intended the tasks shown are the only tasks required on this project. The City will provide electronic copies of the necessary background documentation.

Task #1 – Project Initiation

1.1 Kick-Off Meeting (Staff Meeting #1) – Conduct an interdepartmental start up meeting to begin the Master Plan Update process. Meeting to be held in Modesto.

A. Determine goals, objectives, schedule and desired outcome.

B. Determine review process and other administrative procedures.

C. Determine preliminary project concerns, and formalize contacts.

D. Provide meeting agenda and written meeting minutes.

1.2 Task Schedule – Prepare and update project task schedule as necessary. The consultant will provide a schedule showing all internal and external deadlines, milestones, and expectations. This schedule will clearly outline expectations for submittals and show estimated internal review times. The schedule be update at each round of submittal.

1.3 Site Mapping – Prepare a base map utilizing completed and in progress project improvement plans, site condition observations, existing topographical, utility, GIS and aerial information. Consultant understands the following data is available from Federal, State, and local data sources for the study area:

A. Land Use/Agriculture: Statewide Crop Mapping (DWR 2018); Stanislaus County Land Use (DWR 2010).

B. Soils: National Resource Conservation Service, Soils Eastern Stanislaus County (2021).

C. Hydrology & Flooding: FEMA National Flood Hazard Layer (2020).

D. Habitats & Wetlands: National Wetland Inventory (2021); California Department of Fish and Wildlife, Great Valley Vegetation (2009) E. Recreation Facilities: California Protected Area Database (2020) Deliverables: Consultant will provide up to eight (8) individual GIS based figures and associated data.
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1.4 File Review – Obtain historical information relevant to master planning process, including at minimum:

A. Record documents of park improvements and utility drawings B. Previous master plan documentation.

C. Environmental documents and reports
D. Citywide planning documents
E. Related planning documents and general plan sections from the City of Modesto, City of Ceres and Stanislaus County.

F. Research into current County demographic patterns, which will be used to create a document that is relevant to the current and projected population.

G. The consultant will survey regional parks of similar size and demographics to the TRRP to determine the current park and recreation facilities standards that exist in those parks. These benchmark regional parks will include comparable parks mutually agreed upon by the City and consultant. This list will be finalized before the team proceeds with contacting the park system managers for specific information. Matrices will be created with a number of qualities pertaining to parks and recreation amenities located in these benchmark regional parks and show TRRP metrics for each item alongside the comparable. This will assist in understanding TRRP’s current level of services and status of facilities as compared to benchmark communities.

H. The consultant will also secure copies of the Open Space and Parks & Recreation Element of the General Plans in the benchmark parks and review those documents for specifics concerning regional park sizes, type of facilities (sports fields, game courts, day use areas, camping, play apparatus areas, passive open space, etc.), and special recreation elements (community centers, boat launches, trails systems, etc.). This information will be compiled into a user friendly format that can be compared to the TRRP current park facilities.

1.5 Site Investigation (Staff Meeting #2) – Conduct a site walk with City Staff, document site observations photographically, complete a site observations survey of existing conditions in written notes. Notes and photos documenting existing conditions will be shared with the project team.

1.6 Website/Interactive Map - a project specific website will be managed and regularly maintained in order to provide a single location for all members of the public to access information quickly and easily during the entire public outreach process. This website will be hosted, and updated regularly by the consultant with current information, public meeting notices, public survey links, draft & final documents, and an interactive map for ease of use. Following project completion, the information could be transferred to the City of Modesto website, or hosting could be transferred to the JPA or City of Modesto. #2..
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1.7 Outreach Program Development – Work with City staff to develop appropriate level of community and stakeholder outreach. Prepare written outreach plan to document meetings, dates, locations, materials, and outcomes. Propose outreach to include the following:

A. Providing electronic materials to be posted on the project specific web page.

B. Preparation of meeting notifications (distribution by the City).

C. Schedule meetings, including arranging venues.

D. Coordinate online announcements.

1.8 Opportunities and Constraints Plan Development:

A. Prepare an opportunities and constraints plan
B. Existing conditions map (including completed phases of work) with opportunities and constraints superimposed
C. Program options board to include images of potential program elements that could work within the areas of focus
D. Prepare other supporting materials for the public workshop including existing photographs, project background, etc.

1.9 Round One Public Outreach – Conduct multiple public outreach meetings.

A. Prepare and present formal presentation to combined Citizens Advisory Committee / TRRP Commission (Public Meeting #1). Meeting to be presented in presentation format.

B. Prepare and present formal presentations at (2) community meetings, to be held as two separate community meetings at two different meeting locations in an effort to maximize participation. Provide on-line Zoom option for public meeting attendance. Meetings to be presented in open house format. (Public Meeting #2 and #3).

C. Present an overview of the Master Plan Update process, discuss current statues of the existing Master Plan and constructed phases. Discuss goals and objectives for the Master Plan Update, obtain public input on the opportunities and constraints, concept plans and programming opportunities.

D. Provide meeting agenda and written meeting minutes.

1.10 Community Survey – As part of the outreach effort, consultant will create, use, and compile data from a community survey to determine what the community’s needs are as related to the TRRP parks and open space. The intent of this survey is to determine general community needs and how current regional park facilities measure up to those needs. This survey should identify perceived efficiencies and deficiencies in the parks system.

The community survey, comparison standards from surveyed cities, and a comparison to Best Practices Recommendations from the National Recreation #2..
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and Parks Association will be used to determine what elements are most appropriate to serve the JPA’s current and future park and recreation needs. The survey will be distributed to the community via email, mail, at community meetings, and through other means in order to produce data that can be used to determine community needs.

In order for the survey to meet statistically valid results, a complete spread of the population must be polled. There will need to be a focused effort by JPA Commission Members and City staff to solicit survey responses from all facets of the community and through multiple methods. The survey will be prepared in both English and Spanish versions to help reach across even more demographic barriers.

Importance/Satisfaction based survey questions will be used as a gauge to determine under-serviced or unrecognized opportunities, in essence determining where limited resources can make the most impact. Data processing and analysis will allow data to be plotted on a chart indicating the value of the given object as it pertains to importance to the survey-taker, as well as the individual’s satisfaction with that aspect of the TRRP system. The Importance/Satisfaction questions help identify where the JPA will get the most benefit for its efforts and prioritize improvements that truly matter to the citizens of the County.

The following are also survey objectives:

A. Determine current community satisfaction levels
B. Increase exposure to the community
C. Obtain data pertinent to recreation programs and services D. Identify appropriate branding efforts
E. Identify areas for improvement
Task #2 – Draft Site Master Plan

2.1 Meeting with City Staff (Staff Meeting #3) – Conduct an interdepartmental meeting with City staff and present Master Plan Update progress, share public input received and reach consensus on key concept ideas and programming opportunities. Meeting to be held in Modesto. Provide meeting agenda and written meeting minutes.

2.2 Draft Site Concept Plan Alternatives – Prepare (4)-100 scale Concept Plan Alternative Drawings, (1) for each of the (4) focus areas identified in the Master Plan Update Description. Provide concept image board(s) to illustrate proposed Master Plan Update concept ideas and programming opportunities.

2.3 Meeting with City Staff (Staff Meeting #4) – Conduct an interdepartmental meeting with City staff and present Master Plan Alternative concept image #2..
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boards and drawings. Solicit staff input and discuss refinements to the drawings and illustrations presented. Meeting to be held in Modesto. Provide meeting agenda and written meeting minutes.

2.4 Draft Site Master Plan Alternative Refinements – Following interdepartmental City review update drawings, illustrations and documents as necessary per City staff comments received.

2.5 Round Two Public Outreach – Conduct multiple public outreach meetings.

A. Prepare and present formal presentation to combined Citizens Advisory Committee / TRRP Commission (Public Meeting #4). Meeting to be presented in presentation format.

B. Prepare and present formal presentations at (2) community meetings, to be held as two separate community meetings at two different meeting locations in an effort to maximize participation (Public Meeting #5 and #6).

Meetings to be presented in open house format. Provide on-line Zoom option for public meeting attendance.

C. Present an overview of the Master Plan Update process, discuss Concept Master Plan input received to date and Concept Master Plan Alternatives.

Obtain public input on the Alternatives presented.

D. Provide meeting agenda and written meeting minutes.

Task #3 – Final Site Master Plan

3.1 Conduct with City Staff (Staff Meeting #5) – Conduct an interdepartmental meeting with City staff and present Master Plan Update progress, share commission and public input received. Determine final direction on concept ideas, programming opportunities for the Master Plan. Meeting to be held in Modesto. Provide meeting agenda and written meeting minutes.

3.2 Final Draft Site Master Plan Development:

A. Provide final draft site Master Plan Update, to include an overall plan drawing at Approx. 1,000-scale and (4) enlargement plan drawings at 100- scale. Plans to be labeled and color rendered.

B. Provide additional representative images to convey the design intent of the Master Plan Update.

C. Provide computer rendered perspective of up to (5) renderings of select area within the Master Plan Update area(s).

3.3 Estimates of Probable Costs – Prepare an estimate of probable construction costs including: costs associated with delivering/constructing the project(s), administration costs, final design costs, permitting, inflation and contingencies.

3.4 Phasing Considerations – Provide a phasing diagram for the Master Plan Update project(s).
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3.5 Conduct with City Staff (Staff Meeting #6) – Conduct an interdepartmental meeting with City staff and present Final Draft Master Plan Update, estimate of probable construction costs and phasing diagram to City staff. Discuss and determine if there are any revisions or additional information needed. Meeting to be held in Modesto. Provide meeting agenda and written meeting minutes.

3.6 Round Three Public Outreach – Conduct multiple public outreach meetings.

A. Prepare and present formal presentation to combined Citizens Advisory Committee / TRRP Commission (Public Meeting #7). Meeting to be presented in presentation format.

B. Prepare and present formal presentations at (2) community meetings, to be held as two separate community meetings at two different meeting locations in an effort to maximize participation (Public Meeting #8 and #9).

Meetings to be presented in open house format. Provide on-line Zoom option for public meeting attendance.

C. Present an overview of the Master Plan input received to date and supporting materials. Obtain public input on information presented.

D. Provide meeting agenda and written meeting minutes.

3.7 Master Plan Refinements – Update materials based upon all input received.

Compile the Master Plan Update in book format, with the prior work products attached including: meeting summaries, prior concepts, prior estimates, background data and other relevant information used in the development of the Final Draft Master Plan. Final plan to be supplemented by text descriptions for the process used and the concepts developed.

3.8 TRRP Commission Meeting (Public Meeting #10) – Prepare and present formal presentation to combined Citizens Advisory Committee / TRRP Commission.

Meeting to be presented in presentation format. Meeting to be held in Modesto.

Provide meeting agenda and written meeting minutes.

3.9 Master Plan Refinements – Update materials based upon all input received.

3.10 Combined TRRP JPA Partner Agency Meeting (Public Meeting #11) – Prepare and present formal presentation to City of Modesto Council, Ceres City Council and Stanislaus County Board of Supervisors. Meeting to be presented in presentation format. Meeting to be held in Modesto. Provide meeting agenda and written meeting minutes.

Task #4 – Environmental Documentation

4.1 Environmental Impact Report – Project work will include preparation of an updated Master EIR, which will reflect changes due to projects that have already been implemented and proposed updates to undeveloped areas. The proposed update would include improvements that were not evaluated in the 2001 EIR; #2..
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therefore, additional environmental review will be required. The City has used a tiering format of individual development projects, and staff desires to continue this practice. Therefore, the EIR for the Tuolumne River Regional Park Master Plan update needs to be focused on usability for tiering of subsequent development proposals.

A. Deliverables: One (1) electronic copy (PDF/Word Format) of the ADMEIR B. Deliverables: One copy of draft CEQA review noticing (including Notice of Completion).

4.2 The environmental sub-consultant will attend the kick-off meeting outlined in Task #1.1 of this scope of work.

4.3 The environmental sub-consultant will work with the project team to complete the site mapping outlined in Task #1.3 of this scope of work.

4.4 The environmental sub-consultant will attend and assist the consultant in conducting the site investigation meeting as outlined in Task #1.5.

4.5 The environmental sub-consultant will work with the project team to complete the opportunities and constraints plan outlined in Task #1.8 of this scope of work.

4.6 The environmental sub-consultant will provide technical assistance or policy and implementation measure development for the proposed project during Task #2.

Building on the environmental setting and mitigation strategies previously developed under Task #1, and by incorporating stakeholder concerns, recommendations for policy and implementation programs (or measures) focusing on environmental resource topics (including biological resources, habitats, water quality, etc.) will be provided. Implementation programs or measures addressing current State laws regarding energy conservation, air quality, and reductions of vehicle miles travelled, and greenhouse gas emissions will be included, as appropriate for the Master Plan. Additional measures regarding applicable State and Federal biological and cultural resource protection standards will also be considered. Inclusion of these policies, backed by definitive implementation programs, will help lessen potential impacts identified in the EIR, reducing the need for additional mitigation measures.

4.7 Prepare and Circulate Notice of Preparation (NOP) – The environmental subconsultant will prepare a NOP to elicit agency and public input on the scope of the EIR analyses. Once the NOP is finalized after receiving City/Team comments, the environmental sub-consultant will submit it to the State Clearinghouse for State agency review; City staff will be responsible for distribution of the NOP to other agencies, stakeholders, and the public. This will #2..
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initiate the 30-day public review and comment period as required by the State CEQA Guidelines.

As part of this task, the environmental sub-consultant will conduct one public scoping workshop to enable the public to submit additional comments on the content of the EIR. On completion of the public scoping workshop, the environmental sub-consultant will prepare and submit to City staff a memorandum that provides a comprehensive summary of the public comments received during the public workshop.

Environmental sub-consultant shall provide:

A. Draft NOP - One (1) electronic copy (PDF/Word format).

B. Final NOP - One (1) camera-ready copy and One (1) electronic copy.

C. Submittal to the State Clearinghouse via CEQAnet.

D. Memorandum of public comments.

4.8 Prepare and Submit Administrative Draft MEIR (ADMEIR) – The environmental sub-consultant will prepare and submit an ADMEIR to the City/Team assessing the environmental impacts of the updated Master Plan (proposed project), which together will constitute the “project” addressed in the MEIR. The ADMEIR will include a thorough discussion of the impacts of future development and will identify the policies and implementations incorporated into the plan that will mitigate or minimize potentially adverse impacts associated with implementation of the updated Master Plan.

A. In order to prepare a MEIR that meets the needs of the City/Team and requirements of CEQA, the ADMEIR will include the following technical sections:

1. Executive Summary of the MEIR

2. Introduction to the MEIR

3. Project Description

4. Impacts and Mitigation Measures

5. Alternative Analysis of up several alternatives including up to two additional alternatives that will be aimed at eliminating or reducing significant impacts

6. Cumulative Impacts

7. All other Statutory Sections required by CEQA
B. All environmental resource topics identified in the NOP will be addressed in the MEIR, including the following areas of study:

1. Biological Resources

2. Cultural/Tribal Resources

3. Hydrology/Water Quality/Geology/Soils
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4. Traffic – Including a Transportation Study prepared by a traffic sub-consultant for the project

5. Air Quality/GHG Emissions

6. Noise

7. Energy

8. Hazards/Hazardous Materials

9. Land Use/Agriculture/Aesthetic/Recreation

10. Cumulative Impacts
C. Environmental sub-consultant shall provide:

1. One (1) electronic copy (PDF/Word format) of the Transportation Study for the Project.

2. One (1) electronic copy (PDF/Word format) of the ADMEIR.

3. One (1) copy of draft CEQA review noticing (including the Notice of Completion).

4.9 Conduct Air Quality/GHG Modelling and Related EIR Support – environmental sub-consultant will estimate operational criteria air pollutants, ozone precursor, and GHG emissions using the latest version of the California Emissions Estimator Model (CalEEMod) and modeling inputs from the Transportation Study prepared for the proposed project. These results will be incorporated into the Air Quality, Climate Change, and Energy sections of the MEIR. As part of this task, KD Anderson will provide QAQC technical support.

4.10 Prepare and Submit Public Draft MEIR - Upon receipt of the City/Team’s comments on the ADMEIR, the environmental sub-consultant will prepare the draft MEIR (DMEIR) for public distribution. The environmental sub-consultant will prepare and submit the DMEIR and Notice of Completion to the State Clearinghouse to initiate the 45 day public review period for the DMEIR.

Environmental sub-consultant shall provide:

A. One (1) camera-ready copy and one (1) electronic copy (PDF/Word Format) of the DMEIR.

B. Submittal to the State Clearinghouse via CEQAnet. GEI assumes that the City will be responsible for any additional mailing and distribution of the DMEIR.

4.11 Prepare and Submit Administrative Final MEIR - At the conclusion of the 45-day public comment period, the environmental sub-consultant will meet with City/Team staff to discuss the comments received (both written and oral) during the public comment period and the appropriate responses to those comments. It is anticipated that the administrative final MEIR (AFMEIR) will consist of the DMEIR, comments and “responses to comments” on the DMEIR, and minor edits #2..
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to the text of the DMEIR. This task assumes that the text changes needed to respond to all public/agency comments will not require additional technical analysis and that up to 20 comment letters will be received on the DMEIR.

Environmental sub-consultant shall provide:

A. One (1) camera-ready copy and one (1) electronic copy (PDF/Word Format) of the DMEIR.

4.12 Prepare and Submit Final MEIR - Upon receipt of the City/Team’s comments on the AFMEIR, the environmental sub-consultant will prepare the final MEIR (FMEIR). This scope assumes that the City will provide a single consolidated set of non-contradictory comments.

Environmental sub-consultant shall provide:

A. One (1) camera-ready copy and one (1) electronic copy (PDF/Word Format) of the FMEIR. The City will be responsible for mailing and distribution of the FMEIR as appropriate.

4.13 Prepare and Submit Findings and Statement of Overriding Consideration – The environmental sub-consultant will produce a Statement of Findings and Overriding Considerations that addresses the significant unavoidable impacts identified in the FMEIR (if any). This document will demonstrate the relationship of the FMEIR to the project and identify the mitigation measures to be considered by the City and the TRRP JPA. The findings will conform to the requirements of CEQA Guidelines, Sections 15091 and 15093.

Environmental sub-consultant shall provide:

A. One (1) electronic copy (PDF/Word format) of draft Findings and Statement of Overriding Considerations.

B. One (1) camera-ready copy and one (1) electronic copy (PDF/Word format) of final.

Task #5 – Reimbursable Expenses

5.1 In addition to billing for the above services, all printing and reproduction, travel, vehicle mileage, delivery and horticultural soils samples are eligible reimbursable expenses. These costs will be itemized on the monthly invoice(s) and compared with the total allowances approved in the contract. All reimbursable expenses may be marked up 10%. Waiting for Chad to confirm
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Task #6 – Promotional Materials & Economic Development

6.1 Provide a sub-consultant who can complete an economic impact study and business development strategy of the existing site and proposed Master Plan site amenities. Impact study and business development strategy shall provide the TRRP JPA a determination of the economic development return on investment for existing and proposed amenities; and prioritize continued development of the updated TRRP Master Plan with the goal of maximizing the financially sustainable of TRRP. Economic impact of amenities shall consider revenue generation resulting from public use of amenities such as family picnic area rentals, campsite rentals, special events, and recreational activity or class program sales.

6.2 Provide a sub-consultant whom specializes in developing public outreach campaigns. Conduct an interdepartmental meeting with City Staff to develop a digital and printed promotional campaign for the Tuolumne River Regional Park (Staff Meeting #12). The campaign shall promote use of previously constructed park amenities and funded park amenities to be constructed.

6.3 Consultant will provide an economic assessment for a range of potential recreation activities and amenities within TRRP. For this assessment we will conduct several baseline research tasks including a review of existing operations and supply and market demand for identified use options including but not limited to a range of day use and camping amenities.

In addition, Consultant will conduct three in-person or virtual meetings focused on obtaining valuable insight into the economic analysis. A final economic impact assessment report document will show potential revenues at various fee and occupancy levels, and associated operations and costs specifically targeting return on investment findings for selected revenue producing elements.

Consultant will then provide a business development strategy that can help guide an economically sustainable TRRP for managers, residents, and visitors.

The economic analysis is designed to provide the planning process with an economic risk assessment for various development elements and an accompanying sustainable development strategy. All economic study efforts will be conducted concurrently with the overall planning process. Draft economic findings may be included as part of a draft Master Plan to be developed through a public input and client review. A final report document will be provided with the Final TRRP Master Plan Update.
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The market analysis will rely on data available from the TRRP JPA including detailed operations information. Data gathered from any area private operations may be limited to estimates and provided to the extent these businesses are willing to share their information.

Consultant will develop conceptual economic models for selected site elements that will allow the TRRP JPA to understand what might happen at the site under existing market conditions – these projections are not a guarantee of revenues but will show a range of revenues that could be achieved with optimized management and marketing expertise.

This is not a formal Financial Profit and Loss Statement but a planning and decision-making tool. This assessment will not address depreciation or cost of money over project lifetime. Public input process may determine plan priorities regardless of economic factors.

Economic models for selected site elements illustrate possible outcomes based on annual use and occupancy rates. Actual outcomes will depend on regional economic conditions and management activities including but not limited to customer service, marketing and other market-competitive strategies.

Business development strategy will utilize results from the overall planning process, including public input, and will be developed cooperatively.

6.4 Prepare materials for the promotion of the Tuolumne River Regional Park for general recreational purposes. All digital graphics, images and components shall be compatible with and provided in Adobe Design Suite: Illustrator and/or InDesign format, latest edition. Digital files for use on social media shall be formatted for Facebook and Instagram. Materials should include at least the following:

A. Provide four-(4) promotional outreach graphic sets highlighting recreational information for use on the City’s social media websites and City’s general website. Each set should include one-(1) 5.5” x 8.5” digital postcard flyer formatted for printing and one-(1) complementing digital graphic post for use on social media.

B. The four-(4) promotional outreach graphics sets shall promote four-(4) different recreational opportunities which take place within the Tuolumne River Regional Park. This may include but not be limited to the following opportunities:

1. RecFest Event

2. Trail Bike Riding

3. Group River Rafting

4. Group Beachfront Recreation

5. Group Picnicking
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6.5 Develop a web based interactive digital map highlighting the six-(6) areas of the Tuolumne River Regional Park and the four-(4) promotional outreach recreational areas selected as part of Task 6.4-B. Web based interactive digital map shall be compatible with web platform approved by the City of Modesto and “VisitModesto.com”.

PROJECT SCHEDULE:

Proposed milestones for the project tasks are as follows:

MILESTONE DATE
Award Design Contract Tuesday, September 27, 2022
Design Start
Project Completion
October 2022
October 2023
PROPOSED COMPENSATION:

The following fees are based on the scope of work described previously in Exhibit ‘A’.

Payments will be made on a monthly basis when portions of the tasks are completed.

The monthly billing at the Hourly Rates included in Exhibit ‘B’, and verifiable documentation on any reimbursable expenses incurred.

Task #1 – Project Initiation (not to exceed) $ 37,309.00 Task #2 – Draft Site Plan (not to exceed) $ 35,194.00
Task #3 – Final Site Master Plan (not to exceed) $ 60,902.00 Task #4 – Environmental Documentation (not to exceed) $ 85,902.00 Task #5 – Reimbursable Expenses (not to exceed) $ 3,300.00 Task #6 – Promotional Materials & Economic Development (not to exceed) $ 46,100.00 Total Contract Amount $268,641.00
Additional Services (not to exceed 12%) $ 32,237.00
Grand Total $300,878.00
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Parks, Recreation and
Neighborhoods Department
Parks Planning and
Development Division
P.O. Box 642
Modesto, California 95353
(209) 577-5344
modestogov.com
EXHIBIT ‘B
Hourly Rates
The following hourly rates will be used for billable hours within this Agreement and for additional work requested and approved. In addition, monthly progress payment invoices shall include the minimum attachments: Detailed description or itemization of work completed for the time period, task billing summary, hourly rates from all consultants.

O’Dell Engineering
Landscape Architect / Civil Engineer / Land Survey
Principal $280
Senior Civil Engineer $215
Senior Engineer 2 $200
Senior Engineer 1 $185
Engineer 2 $180
Engineer 1 $170
Assistant Engineer 2 $145
Assistant Engineer 1 $130
Senior Landscape Architect 2 $200
Senior Landscape Architect 1 $180
Landscape Architect 2 $170
Landscape Architect 1 $160
Landscape Designer 3 $155
Landscape Designer 2 $145
Landscape Designer 1 $135
Planner $175
Assistant Planner $140
Dry Utility Project Manager 2 $170
Dry Utility Project Manager 1 $150
Utility Engineer $135
CADD Operator 2 $115
CADD Operator 1 $95
Survey Manager $205
Senior Land Surveyor 2 $195
Senior Land Surveyor 1 $170
Surveyor 2 $150
Surveyor 1 $140
Assistant Surveyor 2 $130
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Assistant Surveyor 1 $130
Survey Crew 2-man / 1-man $320/$180
Survey Crew 2-man / 1-man (Prevailing Wage) $396/$225
Administrative $96
GEI Consultants
Environmental
Staff Professional – Grade 1 $89
Staff Professional – Grade 2 $105
Project Professional – Grade 3 $118
Project Professional – Grade 4 $143
Senior Professional – Grade 5 $164
Senior Professional – Grade 6 $188-$205
Senior Professional – Grade 7 $243
Senior Consultant – Grade 8 $274
Senior Consultant – Grade 9 $279
Senior Principal – Grade 10 $279
Senior Drafter and Designer $145
Drafter / Designer and Senior Technician $118
Field Professional $106
Technician, Word Processor, Administrative Staff $84
Office Aide $83
Bronzan Consulting
Public Policy

Principal Engineer $150
KD Anderson & Associates
Traffic Engineer

Principal Engineer $175
Traffic Engineer $150
Technician / Clerical $50
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

September 12, 2022
Date: August 18, 2022
TO: Safety and Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods SUBJECT: Sensory Wall Purchase for The Awesome Spot Playground CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider approving the competitive bidding process from National Purchasing Partners (NPPGov), League of Oregon Cities, with Park Associates, Inc. DBA Park Planet for the Purchase and Delivery of a Sensory Wall for The Awesome Spot Playground at Beyer Community Park, for a cost not to exceed $172,400 and forwarding to Council for approval. (Funding Source: American Rescue Plan Act Funding)
STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2020-2025 Strategic Plan Area of Focus: Quality of Life and Governance and Service Delivery.

BACKGROUND:

In 2015, the community rallied together in support of designing an all-inclusive playground at Beyer Park. The desire was to build a playground that would be the first of its kind in the region, providing accessibility to people of all ages with a wide range of physical abilities to be able to play together side-by-side.

On March 22, 2016, by Resolution No. 2016-103, Council approved a Grant and License Agreement with Shane’s Inspiration for the conceptual design services related to the development of an inclusive playground at Beyer Community Park. Since that time the project has been officially titled “The Awesome Spot Playground” (TASP) and construction documents have been completed with the help of local design professionals.

TASP was born through the efforts of a group of residents who approached City staff regarding the development of an inclusive playground in Modesto. These residents have #3..
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Safety and Communities Committee, September 12, 2022
Sensory Wall Purchase for The Awesome Spot Playground

organized into the TASP Team and have been working to raise funds for the project. On June 5, 2018, by Resolution No. 2018-191 Council approved a fiscal sponsorship agreement with Valley Mountain Regional Center (VMRC) to act as the non-profit sponsor of the project. VMRC is assisting TASP Team by allowing the use of their 501(c)3 status to pursue grants, and receive charitable donations to support the development and longterm maintenance of the project.

DISCUSSION:

The total estimated project budget is approximately $5.7 Million. To date, the TASP Team has received donations or pledges totaling approximately $2.3 Million and on July 14, 2022, the TASP team held a groundbreaking event for Phase 1 of the construction. Site demolition and grading began in July 2022, and the TASP team has asked that the City of Modesto purchase one of the play equipment elements, the sensory wall, which will be needed to finish up the site construction for phase 1.

On July 12, 2022, by Resolution No. 2022-307, Council approved the use of American Rescue Plan Act (ARPA) funding in the amount of $500,000 to purchase playground equipment and other materials for TASP. Staff worked with TASP team to obtain a bid for the needed sensory wall, which is a play element that also acts as a retaining wall in the playground.

On October 14, 2020, National Purchasing Partners, LLC., (NPP) issued Request for Proposals (RFP) # 2060 for Park, Playground and Recreation Equipment advertised in the USA Today1, The Oregon Daily Journal2, the City of Oregon website3, Find RFP website4 and NPP website5. The Original RFP close date was November 20, 2020, due to COVID-19 this date was extended to January 15, 2021, to allow adequate time for review and respond for all eligible vendors. The subsequent contract milestone dates have also been updated based on this close date change.

On January 15, 2021, proposals were delivered to LOC, ten (10) proposals were received and based on the LOC Committee eight (8) contracts were awarded for the Park, Playground and Recreation Equipment.

National Purchasing Partners analysts streamline the procurement process by developing RFPs for national competitive solicitations that meet or exceed local requirements. The competitive process is continually refined to best meet agency needs and allows NPP to offer exceptional products from nationally acclaimed vendors. Park Planet was awarded contract #PS21050 effective April 1, 2021 through April 1, 2027. Through this contract, Park Planet has provided a quote for the sensory wall at Beyer Community Park in the amount of $172,400.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California and other units of 1 USA
2 The Oregon Daily Journal
3 www.orcities.org
4 www.findrfp.com
5 www.nppgov.com
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Safety and Communities Committee, September 12, 2022
Sensory Wall Purchase for The Awesome Spot Playground

government in cooperative purchasing plans when the best cost savings interest of the City would be served.

The installation of the sensory wall is not included in the purchase price. The installation of the sensory wall will be completed at no cost to the City by Harris Builders, Inc., who is a local contractor who has volunteered his time to serve as the general contractor for TASP. A memorandum of understanding was executed on July 18, 2022, which provides permission for Harris Builders, Inc. to act as the general contractor and construct TASP at Beyer Community Park.

FISCAL IMPACT:

As noted above, on July 12, 2022, per Council Resolution 2022-307, City Council approved the revised spending plan for the American Rescue Plan Act (ARPA), which included $500,000 for The Awesome Spot Playground. The cost to purchase the sensory wall will be covered by this allotment, which is budgeted in project #100984. After the purchase of the sensory wall, the remaining $327,600 of ARPA funds will be used for future playground equipment or material purchases. Those purchases will be brought back to the Council for approval at a later date.

CEQA/NEPA REQUIREMENTS:

City staff prepared a Notice of Exemption No. EA/PR&N 2022-01 and determined the project is categorically exempt from CEQA due to the fact that it is a replacement of an existing facility which has substantially the same purpose, is located at the same site and is not anticipated to significantly increase the use of the park.

ARPA Funded projects are not subject to NEPA review per the Treasury Department’s guidelines for use of these funds.

Approved by:

Laurie A. Smith, Director of Parks, Recreation and
Neighborhoods Manager
Joseph P. Lopez, City Manager
Attachments:

1. Master Price Agreement - League of Oregon Cities and Park Associates Inc DBA Park Planet

2. Park Planet Quote for Sensory Wall

3. Scoring Abstract

4. NPPGov RFP #2060
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LEAGUE OF OREGON CITIES

MASTER PRICE AGREEMENT
This Master Price Agreement is effective as of the date of the last signature below (the “Effective Date”) by and between the LEAGUE OF OREGON CITIES, an Oregon public corporation under ORS Chapter 190 (“LOC” or “Purchaser”) and Park Associates Inc. DBA Park Planet (“Vendor”).

RECITALS
WHEREAS, the Vendor is in the business of selling certain PARK, PLAYGROUND, AND RECREATION EQUIPMENT, as further described herein; and
WHEREAS, the Vendor desires to sell and the Purchaser desires to purchase certain products and related services all upon and subject to the terms and conditions set forth herein; and WHEREAS, through a solicitation for PARK, PLAYGROUND, AND RECREATION EQUIPMENT the Vendor was awarded the opportunity to complete a Master Price Agreement with the LEAGUE OF OREGON CITIES as a result of its response to Request for Proposal No. 2060 for PARK, PLAYGROUND, AND RECREATION EQUIPMENT; and
WHEREAS, the LEAGUE OF OREGON CITIES asserts that the solicitation and Request for Proposal meet Oregon public contracting requirements (ORS 279, 279A, 279B and 279C et. seq.); and WHEREAS, Purchaser and Vendor desire to extend the terms of this Master Price Agreement to benefit other qualified government members of National Purchasing Partners, LLC dba Public Safety GPO, dba First Responder GPO, dba Law Enforcement GPO and dba NPPGov;
NOW, THEREFORE, Vendor and Purchaser, intending to be legally bound, hereby agree as follows:

ARTICLE 1 – CERTAIN DEFINITIONS

1.1 “Agreement” shall mean this Master Price Agreement, including the main body of this Agreement and Attachments A-F attached hereto and by this reference incorporated herein, including Purchaser’s Request for Proposal No. 2060 (herein “RFP”) and Vendor’s Proposal submitted in response to the RFP (herein “Vendor’s Proposal”) as referenced and incorporated herein as though fully set forth (sometimes referred to collectively as the “Contract Documents”).

1.2 “Applicable Law(s)” shall mean all applicable federal, state and local laws, statutes, ordinances, codes, rules, regulations, standards, orders and other governmental requirements of any kind.

1.3 “Employee Taxes” shall mean all taxes, assessments, charges and other amounts whatsoever payable in respect of, and measured by the wages of, the Vendor’s employees (or subcontractors), as required by the Federal Social Security Act and all amendments thereto and/or any other applicable federal, state or local law.

1.4 “Purchaser’s Destination” shall mean such delivery location(s) or destination(s) as Purchaser may prescribe from time to time.

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1.5 “Products and Services” shall mean the products and/or services to be sold by Vendor hereunder as identified and described on Attachment A hereto and incorporated herein, as may be updated from time to time by Vendor to reflect products and/or services offered by Vendor generally to its customers.

1.6 “Purchase Order” shall mean any authorized written order for Products and Services sent by Purchaser to Vendor via mail, courier, overnight delivery service, email, fax and/or other mode of transmission as Purchaser and Vendor may from time to time agree.

1.7 “Unemployment Insurance” shall mean the contribution required of Vendor, as an employer, in respect of, and measured by, the wages of its employees (or subcontractors) as required by any applicable federal, state or local unemployment insurance law or regulation.

1.8 “National Purchasing Partners” or “(NPP)” is a subsidiary of two nonprofit health care systems. The Government Division of NPP, hereinafter referred to as “NPPGov”, provides group purchasing marketing and administrative support for governmental entities within the membership. NPPGov’s membership includes participating public entities across North America.

1.9 “Lead Contracting Agency” shall mean the LEAGUE OF OREGON CITIES, which is the governmental entity that issued the Request for Proposal and awarded this resulting Master Price Agreement.

1.10 “Participating Agencies” shall mean members of National Purchasing Partners for which Vendor has agreed to extend the terms of this Master Price Agreement pursuant to Article 2.6 and Attachment C herein.

For purposes of cooperative procurement, “Participating Agency” shall be considered “Purchaser” under the terms of this Agreement.

1.11 “Party” and “Parties” shall mean the Purchaser and Vendor individually and collectively as applicable.

ARTICLE 2 – AGREEMENT TO SELL

2.1 Vendor hereby agrees to sell to Purchaser such Products and Services as Purchaser may order from time to time by Purchase Order, all in accordance with and subject to the terms, covenants and conditions of this Agreement. Purchaser agrees to purchase those Products and Services ordered by Purchaser by Purchase Order in accordance with and subject to the terms, covenants and conditions of this Agreement.

2.2 Vendor may add additional products and services to the contract provided that any additions reasonably fall within the intent of the original RFP specifications. Pricing on additions shall be equivalent to the percentage discount for other similar products. Vendor may provide a web-link with current product listings, which may be updated periodically, as allowed by the terms of the resulting Master Price Agreement. Vendor may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products may be added to avoid competitive procurement requirements. LOC may reject any additions without cause.

2.3 All Purchase Orders issued by Purchaser to Vendor for Products during the term (as hereinafter defined) of this Agreement are subject to the provisions of this Agreement as though fully set forth in such Purchase Order. The Vendor retains authority to negotiate above and beyond the terms of this Agreement to meet the Purchaser or Vendor contract requirements. In the event that the provisions of this Agreement conflict with any Purchase Order issued by Purchaser to Vendor, the provisions of this Agreement shall govern. No other terms and conditions, including, but not limited to, those contained in Vendor’s standard printed terms and DocuSign Envelope ID: 334133CC-098E-46D9-97F8-7940978A3E45 #3..
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conditions, on Vendor’s order acknowledgment, invoices or otherwise, shall have any application to or effect upon or be deemed to constitute an amendment to or to be incorporated into this Agreement, any Purchase Order, or any transactions occurring pursuant hereto or thereto, unless this Agreement shall be specifically amended to adopt such other terms and conditions in writing by the Parties.

2.4 Notwithstanding any other provision of this Agreement to the contrary, the Lead Contracting Agency shall have no obligation to order or purchase any Products and Services hereunder and the placement of any Purchase Order shall be in the sole discretion of the Participating Agencies. This Agreement is not exclusive. Vendor expressly acknowledges and agrees that Purchaser may purchase at its sole discretion, Products and Services that are identical or similar to the Products and Services described in this Agreement from any third party.

2.5 In case of any conflict or inconsistency between any of the Contract Documents, the documents shall prevail and apply in the following order of priority:
(i) This Agreement;
(ii) The RFP;
(iii) Vendor’s Proposal;

2.6 Extension of contract terms to Participating Agencies:

2.6.1 Vendor agrees to extend the same terms, covenants and conditions available to Purchaser under this Agreement to Participating Agencies, that have executed an Intergovernmental Cooperative Purchasing Agreement (“IGA”) as may be required by each Participating Agency’s local laws and regulations, in accordance with Attachment C. Each Participating Agency will be exclusively responsible for and deal directly with Vendor on matters relating to ordering, delivery, inspection, acceptance, invoicing, and payment for Products and Services in accordance with the terms and conditions of this Agreement as if it were “Purchaser” hereunder. Any disputes between a Participating Agency and Vendor will be resolved directly between them under and in accordance with the laws of the State in which the Participating Agency exists. Pursuant to the IGA, the Lead Contracting Agency shall not incur any liability as a result of the access and utilization of this Agreement by other Participating Agencies.

2.6.2 This Solicitation meets the public contracting requirements of the Lead Contracting Agency and may not be appropriate under or meet Participating Agencies’ procurement laws. Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements.

2.6.3 Vendor acknowledges execution of the Vendor Administration Fee Agreement, Contract Number PS21050, with NPPGov, pursuant to the terms of the RFP.

2.7 Oregon Public Agencies are prohibited from use of Products and Services offered under this Agreement that are already provided by qualified nonprofit agencies for disabled individuals as listed on the Department of Administrative Service’s Procurement List (“Procurement List”) pursuant to ORS 279.835-.855.

See www.OregonRehabilitation.org/qrf for more information. Vendor shall not sell products and services identified on the Procurement List (e.g., reconditioned toner cartridges) to Purchaser or Participating Agencies within the state of Oregon.

DocuSign Envelope ID: 334133CC-098E-46D9-97F8-7940978A3E45 #3..
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ARTICLE 3 – TERM AND TERMINATION

3.1 The initial contract term shall be for three (3) calendar years from the Effective Date of this Agreement (“Initial Term”). Upon termination of the original three (3) year term, this Agreement shall automatically extend for up to three (3) successive one (1) year periods; (each a “Renewal Term”); provided, however, that the Lead Contracting Agency and/or the Vendor may opt to decline extension of the MPA by providing notification in writing at least thirty (30) calendar days prior to the annual automatic extension anniversary of the Initial Term.

3.2 Either Vendor or the Lead Contracting Agency may terminate this Agreement by written notice to the other party if the other Party breaches any of its obligations hereunder and fails to remedy the breach within thirty (30) days after receiving written notice of such breach from the non-breaching party.

ARTICLE 4 – PRICING, INVOICES, PAYMENT AND DELIVERY

4.1 Purchaser shall pay Vendor for all Products and Services ordered and delivered in compliance with the terms and conditions of this Agreement at the pricing specified for each such Product and Service on Attachment A, including shipping. Unless Attachment A expressly provides otherwise, the pricing schedule set forth on Attachment A hereto shall remain fixed for the Initial Term of this Agreement; provided that manufacturer pricing is not guaranteed and may be adjusted based on the next manufacturer price increase. Pricing contained in Attachment A shall be extended to all NPPGov, Public Safety GPO, First Responder GPO and Law Enforcement GPO members upon execution of the IGA.

4.2 Vendor shall submit original invoices to Purchaser in form and substance and format reasonably acceptable to Purchaser. All invoices must reference the Purchaser’s Purchase Order number, contain an itemization of amounts for Products and Services purchased during the applicable invoice period and any other information reasonably requested by Purchaser, and must otherwise comply with the provisions of this Agreement. Invoices shall be addressed as directed by Purchaser.

4.3 Unless otherwise specified, Purchaser is responsible for any and all applicable sales taxes.

Attachment A or Vendor’s Proposal (Attachment D) shall specify any and all other taxes and duties of any kind which Purchaser is required to pay with respect to the sale of Products and Services covered by this Agreement and all charges for packing, packaging and loading.

4.4 Except as specifically set forth on Attachments A and F, Purchaser shall not be responsible for any additional costs or expenses of any nature incurred by Vendor in connection with the Products and Services, including without limitation travel expenses, clerical or administrative personnel, long distance telephone charges, etc. (“Incidental Expenses”).

4.5 Price reductions or discount increases may be offered at any time during the contract term and shall become effective upon notice of acceptance from Purchaser.

4.6 Notwithstanding any other agreement of the Parties as to the payment of shipping/delivery costs, and subject to Attachments A, D, and F herein, Vendor shall offer delivery and/or shipping costs prepaid FOB Destination. If there are handling fees, these also shall be included in the pricing.

4.7 Unless otherwise directed by Purchaser for expedited orders, Vendor shall utilize such common carrier for the delivery of Products and Services as Vendor may select; provided, however, that for expedited orders Vendor shall obtain delivery services hereunder at rates and terms not less favorable than those paid by Vendor for its own account or for the account of any other similarly situated customer of Vendor.

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4.8 Vendor shall have the risk of loss of or damage to any Products until delivery to Purchaser.

Purchaser shall have the risk of loss of or damage to the Products after delivery to Purchaser. Title to Products shall not transfer until the Products have been delivered to and accepted by Purchaser at Purchaser’s Destination.

ARTICLE 5 – INSURANCE

5.1 During the term of this Agreement, Vendor shall maintain at its own cost and expense (and shall cause any subcontractor to maintain) insurance policies providing insurance of the kind and in the amounts generally carried by reasonably prudent manufacturers, suppliers or installers in the industry, with one or more reputable insurance companies licensed to do business in Oregon and any other state or jurisdiction where Products and Services are sold hereunder. Such certificates of insurance shall be made available to the Lead Contracting Agency upon 48 hours’ notice. BY SIGNING THE AGREEMENT PAGE THE VENDOR AGREES TO

THIS REQUIREMENT AND FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN CANCELLATION OF THIS MASTER PRICE AGREEMENT.

5.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of this Agreement is satisfactorily completed and formally accepted.

Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the Lead Contracting Agency. The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to the Lead Contracting Agency under such policies. Vendor shall be solely responsible for the deductible and/or selfinsured retention and the Lead Contracting Agency, at its option, may require Vendor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit.

5.3 Vendor shall carry Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Vendor’s employees engaged in the performance of the work or services, as well as Employer’s Liability insurance. Vendor waives all rights against the Lead Contracting Agency and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Vendor pursuant to this Agreement.

5.4 Insurance required herein shall not be permitted to expire, be canceled, or materially changed without thirty days (30 days) prior written notice to the Lead Contracting Agency.

ARTICLE 6 – INDEMNIFICATION AND HOLD HARMLESS

6.1 Vendor agrees that it shall indemnify, defend and hold harmless Lead Contracting Agency, its respective officials, directors, employees, members and agents (collectively, the “Indemnitees”), from and against any and all damages, claims, losses, expenses, costs, obligations and liabilities (including, without limitation, reasonable attorney’s fees), suffered directly or indirectly by any of the Indemnitees to the extent of, or arising out of, (i) any breach of any covenant, representation or warranty made by Vendor in this Agreement, (ii) any failure by Vendor to perform or fulfill any of its obligations, covenants or agreements set forth in this Agreement, (iii) the negligence or intentional misconduct of Vendor, any subcontractor of Vendor, or any of their respective employees or agents, (iv) any failure of Vendor, its subcontractors, or their respective employees to comply with any Applicable Law, (v) any litigation, proceeding or claim by any third party relating in any way to the obligations of Vendor under this Agreement or Vendor’s performance under this Agreement, (vi) any Employee Taxes or Unemployment Insurance, or (vii) any claim alleging that the Products and Services or any DocuSign Envelope ID: 334133CC-098E-46D9-97F8-7940978A3E45 #3..
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part thereof infringe any third party’s U.S. patent, copyright, trademark, trade secret or other intellectual property interest. Such obligation to indemnify shall not apply where the damage, claim, loss, expense, cost, obligation or liability is due to the breach of this Agreement by, or negligence or willful misconduct of, Lead Contracting Agency or its officials, directors, employees, agents or contractors. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph.

The indemnity obligations of Vendor under this Article shall survive the expiration or termination of this Agreement for two years.

6.2 LIMITATION OF LIABILITY: IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY

SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH

OR ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INJURIES

TO PERSONS OR TO PROPERTY OR LOSS OF PROFITS OR LOSS OF FUTURE BUSINESS OR

REPUTATION, WHETHER BASED ON TORT OR BREACH OF CONTRACT OR OTHER BASIS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.3 The same terms, conditions and pricing of this Agreement may be extended to government members of National Purchasing Partners, LLC. In the event the terms of this Agreement are extended to other government members, each government member (procuring party) shall be solely responsible for the ordering of Products and Services under this Agreement. A non-procuring party shall not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold non-procuring parties or unrelated purchasing parties harmless from any liability that may arise from action or inaction of the procuring party.

ARTICLE 7 – WARRANTIES
Purchaser shall refer to Vendor’s Proposal for all Vendor and manufacturer express warranties, as well as those warranties provided under Attachment B herein.

ARTICLE 8 - INSPECTION AND REJECTION

8.1 Purchaser shall have the right to inspect and test Products at any time prior to shipment, and within a reasonable time after delivery to the Purchaser’s Destination. Products not inspected within a reasonable time after delivery shall be deemed accepted by Purchaser. The payment for Products shall in no way impair the right of Purchaser to reject nonconforming Products, or to avail itself of any other remedies to which it may be entitled.

8.2 If any of the Products are found at any time to be defective in material or workmanship, damaged, or otherwise not in conformity with the requirements of this Agreement or any applicable Purchase Order, as its exclusive remedy, Purchaser may at its option and at Vendor’s sole cost and expense, elect either to (i) return any damaged, non-conforming or defective Products to Vendor for correction or replacement, or (ii) require Vendor to inspect the Products and remove or replace damaged, non-conforming or defective Products with conforming Products. If Purchaser elects option (ii) in the preceding sentence and Vendor fails promptly to make the necessary inspection, removal and replacement, Purchaser, at its option, may inspect the Products and Vendor shall bear the cost thereof. Payment by Purchaser of any invoice shall not constitute acceptance of the Products covered by such invoice, and acceptance by Purchaser shall not relieve Vendor of its warranties or other obligations under this Agreement.

8.3 The provisions of this Article shall survive the expiration or termination of this Agreement.

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ARTICLE 9 – SUBSTITUTIONS
Except as otherwise permitted hereunder, Vendor may not make any substitutions of Products, or any portion thereof, of any kind without the prior written consent of Purchaser.

ARTICLE 10 - COMPLIANCE WITH LAWS

10.1 Vendor agrees to comply with all Applicable Laws and at Vendor’s expense, secure and maintain in full force during the term of this Agreement, all licenses, permits, approvals, authorizations, registrations and certificates, if any, required by Applicable Laws in connection with the performance of its obligations hereunder.

At Purchaser’s request, Vendor shall provide to Purchaser copies of any or all such licenses, permits, approvals, authorizations, registrations and certificates.

10.2 Purchaser has taken all required governmental action to authorize its execution of this Agreement and there is no governmental or legal impediment against Purchaser’s execution of this Agreement or performance of its obligations hereunder.

ARTICLE 11 – PUBLICITY / CONFIDENTIALITY

11.1 No news releases, public announcements, advertising materials, or confirmation of same, concerning any part of this Agreement or any Purchase Order issued hereunder shall be issued or made without the prior written approval of the Parties. Neither Party shall in any advertising, sales materials or in any other way use any of the names or logos of the other Party without the prior written approval of the other Party.

11.2 Any knowledge or information which Vendor or any of its affiliates shall have disclosed or may hereafter disclose to Purchaser, and which in any way relates to the Products and Services covered by this Agreement shall not, unless otherwise designated by Vendor, be deemed to be confidential or proprietary information, and shall be acquired by Purchaser, free from any restrictions, as part of the consideration for this Agreement.

ARTICLE 12 - RIGHT TO AUDIT
Subject to Vendor’s reasonable security and confidentiality procedures, Purchaser, or any third party retained by Purchaser, may at any time upon prior reasonable notice to Vendor, during normal business hours, audit the books, records and accounts of Vendor to the extent that such books, records and accounts pertain to sale of any Products and Services hereunder or otherwise relate to the performance of this Agreement by Vendor. Vendor shall maintain all such books, records and accounts for a period of at least three (3) years after the date of expiration or termination of this Agreement. The Purchaser’s right to audit under this Article 12 and Purchaser’s rights hereunder shall survive the expiration or termination of this Agreement for a period of three (3) years after the date of such expiration or termination.

ARTICLE 13 - REMEDIES
Except as otherwise provided herein, any right or remedy of Vendor or Purchaser set forth in this Agreement shall not be exclusive, and, in addition thereto, Vendor and Purchaser shall have all rights and remedies under Applicable Law, including without limitation, equitable relief. The provisions of this Article shall survive the expiration or termination of this Agreement.

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ARTICLE 14 - RELATIONSHIP OF PARTIES
Vendor is an independent contractor and is not an agent, servant, employee, legal representative, partner or joint venture of Purchaser. Nothing herein shall be deemed or construed as creating a joint venture or partnership between Vendor and Purchaser. Neither Party has the power or authority to bind or commit the other.

ARTICLE 15 - NOTICES
All notices required or permitted to be given or made in this Agreement shall be in writing. Such notice(s) shall be deemed to be duly given or made if delivered by hand, by certified or registered mail or by nationally recognized overnight courier to the address specified below:

If to Lead Contracting Agency:

LEAGUE OF OREGON CITIES
1201 Court St. NE
Suite 200
Salem OR 97301
ATTN: Jamie Johnson-Davis
Email: [email protected]
If to Vendor:

Park Associates Inc. DBA Park Planet
415 Elm St.

Red Bluff CA 96080
ATTN: Cynthia Cooper
Email: [email protected]
Either Party may change its notice address by giving the other Party written notice of such change in the manner specified above.

ARTICLE 16 - FORCE MAJEURE
Except for Purchaser’s obligation to pay for Products and Services delivered, delay in performance or non-performance of any obligation contained herein shall be excused to the extent such failure or nonperformance is caused by force majeure. For purposes of this Agreement, “force majeure” shall mean any cause or agency preventing performance of an obligation which is beyond the reasonable control of either Party hereto, including without limitation, fire, flood, sabotage, shipwreck, embargo, strike, explosion, labor trouble, accident, riot, acts of governmental authority (including, without limitation, acts based on laws or regulations now in existence as well as those enacted in the future), acts of nature, and delays or failure in obtaining raw materials, supplies or transportation. A Party affected by force majeure shall promptly provide notice to the other, explaining the nature and expected duration thereof, and shall act diligently to remedy the interruption or delay if it is reasonably capable of being remedied. In the event of a force majeure situation, deliveries or acceptance of deliveries that have been suspended shall not be required to be made upon the resumption of performance.

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ARTICLE 17 - WAIVER
No delay or failure by either Party to exercise any right, remedy or power herein shall impair such Party’s right to exercise such right, remedy or power or be construed to be a waiver of any default or an acquiescence therein; and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy or power. No waiver hereunder shall be valid unless set forth in writing executed by the waiving Party and then only to the extent expressly set forth in such writing.

ARTICLE 18 - PARTIES BOUND; ASSIGNMENT
This Agreement shall inure to the benefit of and shall be binding upon the respective successors and assigns of the Parties hereto, but it may not be assigned in whole or in part by Vendor without prior written notice to Purchaser which shall not be unreasonably withheld or delayed.

ARTICLE 19 - SEVERABILITY
To the extent possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under Applicable Law. If any provision of this Agreement is declared invalid or unenforceable, by judicial determination or otherwise, such provision shall not invalidate or render unenforceable the entire Agreement, but rather the entire Agreement shall be construed as if not containing the particular invalid or unenforceable provision or provisions and the rights and obligations of the Parties shall be construed and enforced accordingly.

ARTICLE 20 - INCORPORATION; ENTIRE AGREEMENT

20.1 All the provisions of the Attachments hereto are hereby incorporated herein and made a part of this Agreement. In the event of any apparent conflict between any provision set forth in the main body of this Agreement and any provision set forth in the Attachments, including the RFP and/or Vendor’s Proposal, the provisions shall be interpreted, to the extent possible, as if they do not conflict. If such an interpretation is not possible, the provisions set forth in the main body of this Agreement shall control.

20.2 This Agreement (including Attachments and Contract Documents hereto) constitutes the entire Agreement of the Parties relating to the subject matter hereof and supersedes any and all prior written and oral agreements or understandings relating to such subject matter.

ARTICLE 21 - HEADINGS
Headings used in this Agreement are for convenience of reference only and shall in no way be used to construe or limit the provisions set forth in this Agreement.

ARTICLE 22 - MODIFICATIONS
This Agreement may be modified or amended only in writing executed by Vendor and the Lead Contracting Agency. The Lead Contracting Agency and each Participating Agency contracting hereunder acknowledge and agree that any agreement entered into in connection with any Purchase Order hereunder shall constitute a modification of this Agreement as between the Vendor and the Participating Agency. Any DocuSign Envelope ID: 334133CC-098E-46D9-97F8-7940978A3E45 #3..
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modification of this Agreement as between Vendor and any Participating Agency shall not be deemed a modification of this Agreement for the benefit of the Lead Contracting Agency or any other Participating Agency.

ARTICLE 23 - GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon or in the case of a Participating Agency’s use of this Agreement, the laws of the State in which the Participating Agency exists, without regard to its choice of law provisions.

ARTICLE 24 - COUNTERPARTS
This Agreement may be executed in counterparts all of which together shall constitute one and the same Agreement.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year last written below.

PURCHASER:

Signature: ____________________________________
Printed Name:

Title: ____________________________________________

LEAGUE OF OREGON CITIES
Dated: ____________________________
VENDOR:

Signature: ______________________________
Printed Name:

Title: _____________________________
Park Associates Inc. DBA Park Planet
Dated: ____________________________
DocuSign Envelope ID: 334133CC-098E-46D9-97F8-7940978A3E45 C.O.O , Vice President
Cindy Cooper
April 1, 2021 | 9:10 AM PDT
April 1, 2021 | 9:15 AM PDT
Mike Cully
Executive Director
#3..
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ATTACHMENT A
to Master Price Agreement by and between VENDOR and PURCHASER.

PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES

PRODUCT CATEGORY DISCOUNT

OFFERED

1. School Age Playgrounds and Components
(except custom concrete or GFRC items see other #8)
-10%

2. Aquatic & Other Playgrounds & Components -5%

3. Shelters and Shade Structures -7%

4. Outdoor Fitness Equipment -7%

5. Safety Surfacing - PIP, Synthetic Turf, Rubber tiles Rubber mulch and wood fiber
- 7%

6. Site Amenities (Except Kay Park -5%) -7%

7. Installation FIXED

8. Other Playground Equipment - IDS, UPC Parks
And Themed Concepts (Custom concrete & GFRC
-5%
Services & Labor
o Demo of existing, removal and off haul of old product FIXED (Not to exceed cost plus 25% plus prevailing wage if applicable) o Assembly & Installation of New playground equipment FIXED (Not to exceed 65% of Equipment retail plus Prevailing wage if applicable) o Assembly & Installation of New Shade shelters/structures FIXED (Not to exceed 65% of structures retail plus Prevailing wage if applicable) o Site Work & Site Prep for playgrounds, including but not limited to Excavating and grading - Not to exceed 65% of equipment retail cost ofthe equipment being installed.

Installation of Rubber Tiles - $4.50 per sq ft FIXED
Install wood fiber - manual spread $18 yd FIXED
Install wood fiber - blow in - $24 yd FIXED
Install Poured in Place surfacing - see above discount
o Concrete Curb, walkway, ADA ramp or concrete slab FIXED(Cost plus 25%, plus prevailing wage, if applicable)
o ADD Custom Footings Shelters - Pier $2500 ea FIXED
• ADD Custom Footings Shelters - Spreadea. $3500 FIXED
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• ADD Custom Grade Beams for Shelters $5000 ea FIXED
• ADD Custom Cutting of Roof Angles $2500 FIXED
• Engineering - Drawings & Calculations for shade FIXED or playgrounds Not to exceed 10% of retail cost of equipment. FIXED • Special Insurance Requirements - Not to exceed Cost plus 20% FIXED • Offloading services - .25 per lb. of equipment FIXED
• Temporary Fencing - $13 per lineal foot FIXED
• Performance and/Payment Bonds - Not to exceed cost plus 20% FIXED *Prevailing wage adds for State or Federal Wages can increase overall installation up to10% of the cost of the retail equipment or materials.

FREIGHT FOR ABOVE EQUIPMENT
Playground Freight --West Coast $ .50 lb.

Shelter Freight --West Coast $1.00 lb.

Aquatic Freight --West Coast $5.50 lb.

Rubber Surfacing --West Coast $1,000 per truck
Wood Fiber --West Coast $1500 per truckSite
Amenities --West Coast $1,200 per truck
Outdoor Fitness --West Coast $ 2000 per truck
*Other - Including --West Coast $3500 per truckIDS,
Themed Concepts
UPC Parks & ConcretePlayground
items
Midwest $1.00 lb.

Midwest $1.25 lb.

Midwest $5.50 lb.

Midwest $1000 per truck load
Midwest $1500 per truck load
Midwest $1,200 per truck load
Midwest $2,000 per truck load
Midwest $4500 per truck load
*Weather, COVID-19 and Changes in fuel prices can affect freight costs Pricing contained in this Attachment A shall be extended to all NPPGov members upon execution of the Intergovernmental Agreement.

Participating Agencies may purchase from Vendor’s authorized dealers and distributors, as applicable, provided the pricing and terms of this Agreement are extended to Participating Agencies by such dealers and distributors. [ A current list may be obtained from Vendor.]
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ATTACHMENT B
to Master Price Agreement by and between VENDOR and PURCHASER.

ADDITIONAL SELLER WARRANTIES
To the extent possible, Vendor will make available all warranties from third party manufacturers of Products not manufactured by Vendor, as well as any warranties identified in this Agreement and Vendor’s Proposal.

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14 ATTACHMENT C
to Master Price Agreement by and between VENDOR and PURCHASER.

PARTICIPATING AGENCIES
The Lead Contracting Agency in cooperation with National Purchasing Partners (NPPGov) entered into this Agreement on behalf of other government agencies that desire to access this Agreement to purchase Products and Services. Vendor must work directly with any Participating Agency concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing, and payment. The Lead Contracting Agency shall not be held liable for any costs, damages, etc., incurred by any Participating Agency.

Any subsequent contract entered into between Vendor and any Participating Agency shall be construed to be in accordance with and governed by the laws of the State in which the Participating Agency exists. Each Participating Agency is directed to execute an Intergovernmental Cooperative Purchasing Agreement (“IGA”), as set forth on the NPPGov web site, www.nppgov.com. The IGA allows the Participating Agency to purchase Products and Services from the Vendor in accordance with each Participating Agency’s legal requirements as if it were the “Purchaser” hereunder.

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15 ATTACHMENT D
to Master Price Agreement by and between VENDOR and PURCHASER.

Vendor’s Proposal
(The Vendor’s Proposal is not attached hereto.)
(The Vendor’s Proposal is incorporated by reference herein.) DocuSign Envelope ID: 334133CC-098E-46D9-97F8-7940978A3E45 #3..
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16 ATTACHMENT E
to Master Price Agreement by and between VENDOR and PURCHASER.

Purchaser’s Request for Proposal
(The Purchaser’s Request for Proposal is not attached hereto.) (The Purchaser’s Request for Proposal is incorporated by reference herein.) DocuSign Envelope ID: 334133CC-098E-46D9-97F8-7940978A3E45 #3..
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17 ATTACHMENT F
to Master Price Agreement by and between VENDOR and PURCHASER.

ADDITIONAL VENDOR TERMS OF PURCHASE, IF ANY.

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1 Quote #: Q22-1206
Date: August 23, 2022
Project: Awesome Spot
City: Modesto
Sales Rep - Email: Gary Kimbrough -
[email protected]
Terms: 50% Ppd - Rem 10dys /
Delivery
Park Planet
a Division of Park Associates Inc
415 Elm Street
Red Bluff California 96080
(530) 244-6116
Quoted To:

City of Modesto
City of Modesto Finance
Modesto, CA 95353-0642
Contact: Nathan Houx
Phone: 209.571.5526 / Email: [email protected]
# Description Vendor Item No Qty Rate Amount

EQUIPMENT
1 Item Description: Sensory Wall / 27'-3" long x 6'-9" tall Coated metal steel wall with sensory wall details on front side of wall as per construction details page L8.0. Wall to be curved per drawings.
*Themed Concepts steel wall can be used as the front wall form liner for concrete retainer poured wall
*Includes a protective plywood or similar wall in front of finished wall. Intent is leave on until after construction is done around the wall area, and then plywood wall is taken off to reveal finished wall
*Includes a GFRC small half round finished edge outlining all of the different finishes on the wall - everywhere the art concepts shows a black line. This will allow the different materials a termination and transition point for the next material.
*Includes Themed Concepts technician at the site to adjust anything when protective plywood wall is to be removed
*Includes holes in steel frame to allow onsite electrical where needed - can have frame on backside if needed to mount
junction box
*Includes spring details on bugs and elephant trunk
*Includes moveable eyelids on frogeyes
*Built and shipped in 1 piece
*Includes built in lifting brackets to set in place, estimated weight of approx 7000 lbs
*Includes floor anchors to secure to ground for additional support while filling concrete retaining wall
Themed
Concepts
CustomThemed
Concepts
1 161,600.00 161,600.00

DISCOUNT
2 National Purchasing Partners Contract #PS21050
City of Modesto Member ID#: M-5697377
Legacy ID#: 266122
*NPP Discount not valid unless customer is an NPP member National
Purchasing
Partners
DiscountNPP-TX1 -8,080.00 -8,080.00

SHIPPING
QUOTE
#3..
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2 Sub Total 160,310.00
CA-Stanislaus (7.875%) 12,089.70
Total $172,399.70
QUOTE GOOD FOR 30 DAYS - DUE TO THE CURRENT INDUSTRY WIDE VOLATILITY OF STEEL, AFTER 30 DAYS STEEL PRICES MAY ADJUST.

CURRENTLY EXPERIENCING SIGNIFICANTLY EXTENDED LEAD TIMES DUE TO NATIONWIDE TRANSPORTATION DELAYS - LEAD TIMES MAY EXCEED 14 WEEKS, PLEASE DISCUSS WITH A PARK PLANET REPRESENTATIVE. # Description Vendor Item No Qty Rate Amount
3 Themed Concepts Freight
PLEASE NOTE!
Themed Concepts equipment is EXTREMELY heavy and will
require special equipment to offload. Please discuss with a Park Planet representative PRIOR to placing an order.

Themed
Concepts
TCF 1 6,790.00 6,790.00
ORDER / DELIVERY INFORMATION:

A PURCHASE ORDER OR SIGNED CHANGE ORDER MUST BE RECEIVED BEFORE ADDITIONAL EQUIPMENT, INSTALLATION, OR SERVICES CAN PROCEED. IF PAYING BY CREDIT CARD, A SURCHARGE WILL BE ASSESSED ON PAYMENT AMOUNT FOR 3.5% VISA/MC OR 5% AMEX.

Authorized Signature: ___________________________________________________________ Date:_____________________ **Purchasing agent who is authorized to enter into binding agreement for quoted entity. **By signing this quote, I have read and agree to the quote Terms & Conditions listed below, on the following 2 pages. #3..
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3 TERMS & CONDITIONS

1. General Notes
*Assembly and Installation NOT included unless otherwise noted *Payment and Performance bonds are NOT included unless otherwise stated. If required, additional charges will apply. Please call for details! *Customer responsible for quoted quantities and model numbers, please check! *Price reflects quoted quantity. Please request revision if alternate quantity is desired.

2. Payment / Ordering
*Most repeat customers are given the terms of 50% Deposit with order; Remainder within 30 Days from Delivery. *Others require a onepage credit application or payment with order *TO ORDER, please sign quote and return via email or fax to avoid any shipping delays. Fax or email copy deemed to be legal equivalent of original. If Payment with Order is required, please sign quote below and return with payment. All past due accounts subject to 1 ½% monthly finance charge. In the event legal action is required to effect collection venue shall be Red Bluff, CA.

3. Shipping / Unloading
*Shipped by Common Carrier – Customer will need 2 to 4 people to unload. Liftgate NOT included. Items will be boxed and / or stretch wrapped to pallets and customer is responsible for offloading. Delivery Drivers do NOT unload **IMPORTANT: Customer is responsible for receiving and checking quantities and condition at time of delivery Please note any shortages or damages on delivery copy.
*Notwithstanding anything to the contrary in any Contract Documents, Customer understands that estimated shipment times for materials are an estimate only.

We have no control over shipment dates. We thus make no guarantee to Owner or Customer regarding the projected shipment dates for materials and shall not be liable for any loss caused by the timing of shipments.

4. Engineered Wood Fiber
*Customer to provide access for Engineered Wood Fiber delivery with tractor truck and 53’ trailer. *Compaction of the Engineered Wood Fiber is NOT included in the installation cost, if desired, please request an updated proposal.

5. General Notes for Purchased Installation
*Installation does NOT include ground preparation, excavation, safety surfacing, and/or safety surfacing borders, prep work, flat work, grading, rerouting of water, electric, drainage or sprinkler lines unless otherwise noted in the proposal *Demo of existing equipment or safety surfacing is NOT included unless otherwise stated in the proposal *ROCK CLAUSE: Pricing is based on normal soil conditions which would allow an auger on a tractor to dig footings. If rocks/boulders interfere with the progress of the excavation, additional fees may apply.
*ACCESS CLAUSE: Installation based on clear access to area. Crane service is NOT included. Customer to provide access for bobcat to work area, bobcat will be provided by installer. Minimum access shall be 7’ wide and 7’ high. If adequate access is not provided additional charges may apply and repairs to landscape and irrigation may be required. Customer is responsible for any repairs to landscape if proper access is not provided. *UTILITY CLAUSE: Unless stated in writing in the quote proposal, installation does not include marking of utilities by Dig Alert or other similar entities.

Customer can, however, call Dig Alert directly. Dig Alert CANNOT locate any private lines, PVC or plastic water lines. Installation does NOT include repair or relocating any underground utilities, such as drainage, irrigation, live water lines, main low voltage lines, gas, electrical, communication, or sewer etc.

Customers responsibility to provide locations of any utilities prior to commencement of work. *Customer is responsible for all landscape repairs such as, but not limited to damaged trees, bushes, lawn, curbing, sidewalks and/or asphalt paving caused by materials truck and/or 2ton bobcat needed to complete project. *Installation does NOT include ground preparation, excavation, safety surfacing, and/or safety surfacing borders unless otherwise noted *Before we proceed with the playground installation, the playground area MUST be compacted, be free of debris, and excavated accordingly. Please call for details.
*Concrete pad for surface mount items NOT included and MUST be provided by customer unless otherwise stated. *Surface mount anchoring to asphalt and paver areas is NOT included unless otherwise stated. *Private Utility Locator is NOT included unless otherwise noted. Private Utility Locator CANNOT locate any PVC or plastic water lines *Installation does NOT include saw cutting and/or core drilling unless otherwise noted *Installation does NOT include jackhammering. Please call for details. *Area MUST have normal soil conditions and be level.
*All Athletic Equipment Goals such as soccer, football, etc, install location MUST be marked out by customer prior to installation, if installation was purchased.

6. Temporary Fencing
*Security guards and/or temporary fencing to prevent injuries, vandalism and/or accidental damage to install area or to the rubberized surface while it sets is NOT included unless noted on quote. If desired, the installers can put up caution tape, but Temporary Fencing is recommended. Although the fencing, if provided, is intended to provide this security, the overall security of the property is ultimately the responsibility of customer. We are not responsible for any vandalism or injuries even with the provision of the fencing.

7. ADA Access
*Play Equipment MUST be installed over an impactabsorbing surface such as ADA compliant Engineered Wood Fiber or Rubber Surfacing. If not quoted, please call for details.
*This area is NOT ADA compliant without the installation of compliant surfacing and an accessible route up to and into the playground area. Please call for details.

8. PouredinPlace Rubber Surfacing
*Rubber Surfacing cure time is normally 4872 hours and can vary depending on weather conditions. *Rubber Surfacing cannot be installed during extreme weather conditions and may also not be installed if rain or frost is forecast during the cure time. *48Hour Manned Security is NOT included for rubber.

9. Shade Shelters (non DSA)
*Shade Shelter installation price EXCLUDES – unless otherwise stated in this quote engineering, drawings, calculations, permits, permit submittal, site plans, special inspections, soil reports, impact fees, special assessment fees. Customer is responsible for any and all of these items if required by the City/County. *Shade Shelter manufacture time is 8 weeks. Permitting can add 24 weeks or more to lead time. PLEASE NOTE: Shade Orders are NOT released into production until permit is issued!
*Shade Shelter installation price EXCLUDES concrete pad, footings, masonry columns, electrical wiring and lights unless otherwise noted. #3..
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4 TERMS & CONDITIONS (Continued)

10. Shade Shelters (DSA)
**8-10 Week lead time is AFTER DSA approval by your architect of choice * Customer to receive shade shelter. If receiving by us is needed, please call for pricing and details! * Job to be completed in one mobilization. Additional moves will be additional pricing if we are required to remobilize due to schedule issues, stop work or a delay in work not caused by us.
*Pricing does NOT include, architectural drawings, site/plot plans, DSA submittal fees, job site inspector fees, shop welding inspection fees, and/or permits *DSA inplant Welding Inspector to be hired by the School District. Welding Inspector fee has NOT been quoted. *School District / Architect responsible for submission of plans to DSA for DSA approval *Fabrication cannot start until inspections have been coordinated, colors have been selected, and approved plans received. *Pricing does NOT include footings, steel cages, anchor bolts, or erecting of shade shelter unless otherwise noted.

11. Prevailing Wages
*Prevailing Wages NOT included unless otherwise noted. (ie: Davis Bacon, TERO, ect.) If this is a Prevailing Wage project, please request alternate pricing. *If Prevailing Wages / Davis Bacon Wages were INCLUDED, all other special work fees NOT included Additional Labor Charges may apply if alternate labor is required.
*If DIR Project Registration is required, work may not begin until we receive DIR Project ID number. *Park Planet does not meet the Skilled & Trained Workforce Requirements and will not participate in same. Park Planet will not sign any PLA's for Union Work and is not signatory to any unions.

12. Indemnity Provision
*Notwithstanding anything to the contrary in any Contract Documents we shall have no duty to defend or indemnify Owner, Customer, or any other party we agree to defend or indemnify in any Contract Documents for that portion of any claim arising out of the comparative fault of any party we agree to defend or indemnify in any Contract Documents.

13. Park Planet General Insurance
Call for Proof of Insurance & W-9
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LEAGUE OF OREGON CITIES

PARK, PLAYGROUND, AND RECREATION EQUIPMENT
Request for Proposal Solicitation No. 2060

CLOSE DATE EXTENSION
Due to the current world-wide Coronavirus (COVID-19) pandemic, the dates of this RFP have been extended to allow adequate time for review and respond for all eligible vendors. The extended close date for this RFP will be January 15, 2021. The subsequent contract milestone dates have also been updated based on this close date change.

All responses are directed to a 3rd party facility. The Response and Inquiries address has been updated and included.

Pursuant to RFP Section 4.2.2, Proposers are hereby notified that the close date has been extended for PARK, PLAYGROUND, AND RECREATION EQUIPMENT.

Deadline for submission of proposals is 5:00 P.M. PST on January 15, 2021.

All Proposals must be signed, sealed, and addressed to:

LOC “PARK, PLAYGROUND, AND RECREATION EQUIPMENT RFP” #2060

LEAGUE OF OREGON CITIES
c/o Jamie Johnson-Davis, RFP Manager
1567 Edgewater Street NW
Salem, OR 97304
and marked “RFP #2060 PARK, PLAYGROUND, AND RECREATION EQUIPMENT” Proposed Opening Date: January 18, 2021
Approximate Selection and Negotiation Period: February 1, 2021 to February 15, 2021 Approximate Award of Proposal: March 8, 2021
NOTE: THE LEAGUE OF OREGON CITIES WILL NOT ACCEPT PROPOSAL ENVELOPES WITH INSUFFICIENT POSTAGE.

INQUIRIES:

LOC “PARK, PLAYGROUND, AND RECREATION EQUIPMENT RFP” #2060

LEAGUE OF OREGON CITIES
c/o Jamie Johnson-Davis, RFP Manager
1567 Edgewater Street NW
Salem, OR 97304
[email protected]
NOTE: LEAGUE OF OREGON CITIES PUBLISHES ITS NOTICE OF SOLICITATIONS IN THE OREGON DAILY JOURNAL OF COMMERCE, USA TODAY, AND ONLINE AT www.orcities.org, http://www.findrfp.com and www.nppgov.com REQUESTS FOR PROPOSALS (RFP’s) ARE AVAILABLE FOR VIEWING AND/OR DOWNLOADING ONLINE AT www.orcities.org, http://www.findrfp.com and www.nppgov.com #3..
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NOTICE OF SOLICITATION

LEAGUE OF OREGON CITIES
RFP NUMBER 2060
SOLICITATION FOR: PARK, PLAYGROUND, AND RECREATION EQUIPMENT Notice is hereby given that the LEAGUE OF OREGON CITIES (LOC) will accept sealed proposals for PARK, PLAYGROUND, AND RECREATION EQUIPMENT at the address listed below, until 5:00 PM PST on NOVEMBER 30TH, 2020. Those proposals will be for the LEAGUE OF OREGON CITIES and members of National Purchasing Partners Government Division (“NPPGov”) across the nation, including but not limited to governmental units incorporated by “ATTACHMENT H” of the Request for Proposal (RFP), WIPHE members identified in “ATTACHMENT G” of the RFP, as well as government units in all other states (collectively, “Participating Agencies”). Significant sales potential exists because the resulting Master Price Agreement for national proposers will include piggy backing language that permits use of the Master Price Agreement nationwide which may allow Participating Agencies to forego duplicating the formal solicitation process and expend staff resources and funds.

All Proposals must be signed, sealed and addressed to:

Mailing Address:

LOC PUBLIC “PARK, PLAYGROUND, AND RECREATION EQUIPMENT RFP” #2060

LEAGUE OF OREGON CITIES
c/o Jamie Johnson-Davis, RFP Manager
1567 Edgewater Street NW
Salem, OR 97304
All Proposals must clearly state RFP #2060 and Proposing company’s full name on the OUTERMOST packaging.

NOTE: THE LEAGUE OF OREGON CITIES WILL NOT ACCEPT PROPOSAL ENVELOPES WITH INSUFFICIENT POSTAGE.

INQUIRIES:

LOC “PARK, PLAYGROUND, AND RECREATION EQUIPMENT RFP” #2060

LEAGUE OF OREGON CITIES
c/o Jamie Johnson-Davis, RFP Manager
1567 Edgewater Street NW
Salem, OR 97304
[email protected]
The solicitation documents may be reviewed at the office address listed above.

NOTE: NOTICES OF SOLICITATION WILL BE PUBLISHED IN THE OREGON DAILY JOURNAL OF COMMERCE AND THE USA TODAY.

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IMPORTANT

PLEASE READ BEFORE SUBMITTING YOUR PROPOSAL
SOLICITATIONS FOR: PARK, PLAYGROUND, & RECREATION EQUIPMENT

1.0 INTENT:

1.1 GENERAL INTENT
The LEAGUE OF OREGON CITIES (“LOC”) serves as the “Lead Contracting Agency” for this solicitation on behalf of its members, and as authorized by the LOC Intergovernmental Agreement, which is an agreement for intergovernmental cooperation among select local Oregon governments and recognized under ORS Chapter 190. LOC, in association with the members of National Purchasing Partners, LLC dba NPPGov (hereinafter referred to as “NPPGov”), comprises a cooperative procurement group. NPPGov membership includes government entities, non-profit organizations across the nation, members of Public Safety GPO, First Responders GPO, and Law Enforcement GPO, Hawaii, and Oregon local government units (ATTACHMENT H), and WIPHE members (ATTACHMENT G), as well as all other government units in all other states, as authorized under the terms of the Intergovernmental Cooperative Purchasing Agreement executed by all Lead Contracting and Participating Agencies (the foregoing list of entities hereinafter referred to as “Participating Agencies”). This procurement group is soliciting proposals from qualified companies (hereinafter referred to as “Proposer”) to enter into a Master Price Agreement for PARK, PLAYGROUND, ANDREATION EQUIPMENT.

The intent of this Interstate Cooperative Procurement Solicitation (hereinafter referred to as “Solicitation” or “RFP”) is to invite Proposers to submit a competitive pricing proposal offering PARK, PLAYGROUND, & RECREATION EQUIPMENT to LOC, which will then be made available to NPPGov members locally and nationwide; to reduce expenses by eliminating multiple requests for proposals and multiple responses by Vendors; and to obtain discounted pricing through volume purchasing. Significant sales potential exists because the Master Price Agreement will be used nationwide which may allow Participating Agencies to forego duplicating the formal solicitation process and expend staff resources. Preferably, the successful Proposer will provide its entire catalog of products and/or services in order that Participating Agencies who wish to access the Master Price Agreement may order a broad range of goods and services as needed.

With the exception of successful local Proposer(s) capable of servicing LOC and Participating Agencies within the state of Oregon, successful Proposer(s) should have a strong national presence for PARK, PLAYGROUND, & RECREATION EQUIPMENT for use by government agencies nationwide.

This Solicitation meets Oregon public contracting requirements (ORS 279A et. seq.) and may not be appropriate under or meet Participating Agencies’ procurement laws. Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements.

1.2 POTENTIAL MARKET
The LOC is publishing this RFP to create publicly awarded contracts for use by its members, which may also benefit the thousands of fellow members of NPPGov, Public Safety GPO, First Responders GPO, and Law Enforcement GPO. These are nationwide programs representing member government agencies in all 50 states. We encourage each Proposer’s response to be a collaborative effort including manufacturer and distributor (when they are not the same company) to ensure nationwide contract #3..
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utilization.

Proposer’s response should also take into consideration the considerable market potential for this Solicitation. Because the successful proposal will be incorporated into a nationwide cooperative procurement program including tens of thousands of state, local government and non-profit participants from all 50 states, the LOC believes that contracts created from this Solicitation will provide vendors with a significant market advantage. Members of NPPGov, Public Safety GPO, First Responders GPO, and Law Enforcement GPO and current vendors who participate in the program indicate the ability to shorten the sale cycle by eliminating the need to complete individual RFP processes is a significant advantage to participation.

The LOC believes that participation in the NPPGov purchasing program benefits both its Participating Agencies and successful Proposers. NPPGov engages with successful proposers who complete the Vendor Administration Agreement through a marketing and sales partnership. This partnership includes (but is not limited to) contract promotion to members, contract administration support to potential customers and live customer phone support.

1.3 REQUIREMENTS

1.3.1 The RFP and resulting Master Price Agreement are anticipated for use by the LOC’s government members, as well as other Participating Agencies across the nation. The LOC has entered into an Intergovernmental (interlocal) Cooperative Purchasing Agreement with other Participating Agencies for the purpose of obtaining Master Price Agreements with various vendors. Interlocal cooperative purchasing agreements allow Participating Agencies to make purchases at the LOC’s accepted proposal price, terms and conditions, provided that the Participating Agency has satisfied all of its local and state cooperative procurement requirements. By submitting a proposal, the Proposer(s) agrees to make the same proposal terms and price, exclusive of any possible rebates, incentives, freight and transportation fees, available to other Participating Agencies. The LOC and NPPGov will not incur any direct liability with respect to specifications, delivery, payment, or any other aspect of purchases by such Participating Agencies or nonprofit institutions. The Intergovernmental Cooperative Purchasing Agreement is incorporated by reference herein and is available upon request — See Attachment A.

The successful Proposer must work directly with the Participating Agencies concerning the placement of orders, disputes, invoicing and payment. The LOC and NPPGov shall not be held liable for any costs or damages incurred by or as a result of the actions of the Vendor or any Participating Agency. Successful Proposers must comply with the state and local laws, rules and regulations in each state and locality where the product or service is provided.

1.3.2 Each Participating Agency shall execute a Participating Agency Endorsement and Authorization included in the Intergovernmental Cooperative Purchasing Agreement. While the terms of the Master Price Agreement shall govern the general pricing terms, each Participating Agency may request modification of the Master Price Agreement in accordance with each Participating Agency’s state and/or local purchasing laws, rules, regulations and procedures, provided said modifications are not material changes. Each Participating Agency may, at its discretion, and upon written agreement by the Participating Agency and Successful Proposer, request additional legal and procedural provisions not included herein that the successful Proposer must adhere to if it wishes to conduct business with said Participating Agency using the Master Price Agreement.

1.3.3 NPPGov, Public Safety GPO, First Responders GPO, and Law Enforcement GPO provide vendor exposure/marketing and contract utilization support for the successful Proposer’s products and services. Successful Proposers servicing the awarded contract to Participating Agencies shall pay a Contract Administration Fee representing 2% percent of actual net sales under the Master Price Agreement as established in the NPPGov Vendor Administration Agreement (available upon request). Administration fee may not be listed or charged as a separate line item to users of the contract. The value of trade-ins or rebates shall not affect the amount of the administration fee paid to NPPGov.
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1.4 MULTIPLE AWARDS
Multiple awards may be granted to meet the requirements of this Solicitation provided that such awards are differentiated by product make and model, service, and/or distribution regions and capabilities of the successful Proposers. Specifically, the LOC may award separate contracts to Proposers in order to cover all local and national geographical markets, electronic purchasing capabilities, and products and services identified in this Request for Proposal, as well as the diverse and large number of Participating Agencies.

The award of multiple contracts is to be determined upon receipt and review of all proposals, and based upon the general criteria provided herein. The LOC may solicit proposals from local qualified companies with or without a national presence provided that the successful Proposer is able to provide the LOC with the products and services requested. Multiple awards will ensure fulfillment of current and future requirements of the diverse and large number of Participating Agencies. In the event a local Proposer with no national distribution capabilities best meets the proposal selection criteria, multiple local and nationwide responsive proposals may be awarded simultaneously in the best interests of local commerce, compliance with local laws, and the Participating Agencies nationwide.

Proposers should be able to serve the needs of Participating Agencies on a national basis. However, this requirement shall not exclude local Proposers without a national presence that are capable of meeting the requirements of the LOC within the state of Oregon.

1.5 CONTRACT USAGE
The actual utilization of any Master Price Agreement will be at the sole discretion of LOC and the other Participating Agencies. It is the intent of this Request for Proposal and resulting Master Price Agreement that Participating Agencies may buy directly from Successful Proposers without the need for further solicitation. However, Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements as well as the need of further notice prior to utilizing the Master Price Agreement

1.6 BACKGROUND OF NPPGov
NPPGov, owned by two non-profit healthcare organizations, provides group purchasing opportunities and purchasing administrative support for governmental entities and nonprofit institutions within its membership. NPPGov’s membership includes participating public and nonprofit entities across North America.

1.7 EQUAL OPPORTUNITY
The LOC encourages Minority and Women-owned Small Business Proposers to submit proposals.

1.8 QUALIFIED REHABILITATION FACILITIES
Oregon Public Agencies are prohibited from use of products and services offered under this contract that are already provided by qualified nonprofit agencies for disabled individuals as listed on the Department of Administrative Service’s Procurement List pursuant to ORS 279.835 ORS 279.855. Please see www.OregonRehabilitation.org/qrf for more information.

2.0 SCOPE OF WORK:

2.1 REQUIREMENTS OF PROPOSERS SUBMITTING A RESPONSE:

Proposers must present clear and concise evidence indicating Proposer’s ability to comply with the requirements stated herein and to provide and deliver the specified products and services to Participating Agencies.
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2.1.1 PROPOSER COMMITMENTS
Each Proposer is required to commit to low pricing, and accurate and timely reporting to NPPGov pursuant to the reporting requirements identified in the NPPGov Vendor Administration Agreement (available upon request). In addition, successful Proposer(s) with a national presence must commit to marketing of the Master Price Agreement nationwide and that the sales force will be trained, engaged and committed to offering NPPGov pricing to member government agencies nationwide, including the opportunity for NPPGov to train the Vendor sales staff.

2.1.2 PROPOSERS MUST COMPLETE “ATTACHMENT B” – PROPOSER PROFILE WORKBOOK”.

2.2 PRODUCTS AND SERVICES:

2.2.1 Provide a description of the PARK, PLAYGROUND, AND RECREATION EQUIPMENT offered as set forth in ATTACHMENT C. The primary objective is for the Proposer(s) to provide the Proposer(s)’s entire catalog of products and services (“catalog discount”) that are responsive to this RFP so that Participating Agencies may order a broad range of products and services as appropriate for their needs. Anticipated future models and related products/services that may be offered during the term of the resulting Master Price Agreement should also be in included in Vendor’s Proposal.

2.2.2 All products offered must be new, unused and the most current product lines, unless otherwise clearly identified as remanufactured goods.

2.2.3 Describe any special programs that Proposer offers that shall improve the ability of the Participating Agencies to access the products, such as retail store availability, expedited delivery intervals, item sourcing, or other unique plans and services.

2.2.4 Additional Benefits: Proposer shall identify any other added value it offers to the LEAGUE OF OREGON CITIES (“LOC”) and Participating Agencies (e.g. convenience cards, individual/member discounts, additional admin fee, etc.)

2.3 PRICING:

2.3.1 Pricing for the products and services may be based on “ATTACHMENT D” - PRICING SCHEDULE as follows:

A A fixed percentage (%) off marked price based on the Proposer’s catalog or retail store price for each CATEGORY specified in ATTACHMENT D – PRICING SCHEDULE.

Proposer shall identify the catalog used.

Option (A) is preferred. If option (A) is not feasible proposer may use option (B) provided Proposer includes a justification.

B Alternatively, contract pricing may be based upon fixed prices (contingencies for economic price adjustments must be identified in the proposal), or a combination fixed percentage off and firm fixed prices. Proposer may offer additional discounts to LOC and Participating Agencies based on volume.

If proposers are responding with option “B”, proposers may request price increases based on manufacturer costs, cost of labor and/or materials that must be supported by appropriate documentation. If LOC agrees to the price modification, LOC may approve in writing, including electronic mail, without the need for a written amendment to the Master Price Agreement.
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2.3.2 Proposers may also add additional products and services provided that any additions reasonably fall within the intent of the original RFP specifications. Pricing on additions shall be equivalent to the percentage discount for other similar products. Proposer may provide a web-link with current product listings, which may be updated periodically, as allowed by the terms of the resulting Master Price Agreement. Proposer may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products may be added to avoid competitive procurement requirements. LOC may reject any additions without cause.

2.3.3 Explain any additional pricing incentives that may be available such as large volume purchases, cash terms, or rebates to Participating Agencies. However, steeper discounts are preferred to rebates.

2.3.4 All pricing proposals shall clearly explain how freight and/or delivery costs are determined as described in ATTACHMENT D PRICING SCHEDULE herein.

2.4 TAX:

Proposers shall strictly adhere to all federal, state and local tax requirements applicable to their operation, and to any contract or activity resulting from this Solicitation.

3.0 SPECIAL TERMS & CONDITIONS:

3.1 MASTER PRICE AGREEMENT TERM:

As a result of this Solicitation the successful Proposer(s) shall be awarded a Master Price Agreement for a three (3) year period. The Master Price Agreement may be extended up to a maximum of three (3) additional one (1) year periods.

3.2 MASTER PRICE AGREEMENT ACCESS PROVISIONS
Utilization of the Master Price Agreement will be at the discretion of the LEAGUE OF OREGON CITIES (“LOC”) and Participating Agencies. The LOC shall be under no obligation to purchase off of the Master Price Agreement. Assuming all local competitive solicitation requirements have been met, Participating Agencies may purchase directly from the successful Proposer(s) without the need for further solicitation.

3.3 INDEMNIFICATIONS AND INSURANCE:

Indemnification and insurance requirements will vary based on the nature of the RFP. Proposer is responsible for submitting appropriate indemnification and insurance coverage as applicable.

3.3.1 Indemnification
The successful Proposer shall indemnify the LOC and NPPGov as specified in the Master Price Agreement.

3.3.2 Insurance Requirements.

Proposer(s), at Proposer(s)’s own expense, shall purchase and maintain the herein stipulated minimum insurance from a reputable company or companies duly licensed by the State of Oregon. In lieu of State of Oregon licensing, the stipulated insurance may be purchased from a company or companies that are authorized to do business in the State of Oregon, provided that #3..
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said insurance companies meet the approval of the LOC.

Proposer(s)’s insurance shall be primary insurance with respect to the LOC, and any insurance or self-insurance maintained by the LOC shall not contribute to it.

Award of this Solicitation is contingent upon the required insurance policies and/or endorsements identified herein. The LOC shall not be obligated to review such policies and/or endorsements or to advise Proposer(s) of any deficiencies in such policies and endorsements, and such receipt shall not relieve Proposer(s) from, or be deemed a waiver of the LOC’s right to insist on strict fulfillment of Proposer(s)’s obligations under this RFP.

The insurance policies required by this RFP, except Workers’ Compensation, shall name the LOC, its agents, representatives, officers, directors, officials and employees as an Additional Insured.

The policies required hereunder, except Workers’ Compensation, shall contain a waiver of transfer of rights of recovery (subrogation) against the LOC, its agents, representatives, officers, directors, officials and employees for any claims arising out of Proposer(s)’s work or service.

3.3.3 Commercial, automobile and workers’ compensation insurance.

3.3.3.1 Commercial General Liability. Proposer(s) shall maintain Commercial General Liability Insurance (CGL) and, if necessary, Commercial Umbrella Insurance. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of the Master Price Agreement.

3.3.3.2 Automobile Liability. Proposer(s) shall maintain Automobile Liability Insurance and, if necessary, Commercial Umbrella Insurance. If hazardous substances, materials, or wastes are to be transported, MCS 90 endorsement shall be included.

3.3.3.3 Workers’ Compensation and Employer’s Liability. Proposer(s) shall carry Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Proposer(s)’s employees engaged in the performance of the work or services, as well as Employer’s Liability insurance.

In case any work is subcontracted, Proposer(s) will require the SubProposer(s) to provide Workers’ Compensation and Employer’s Liability insurance to at least the same extent as required of Proposer(s).

4.0 SCHEDULE, RESPONSE PREPARATION AND SUBMISSION

4.1 SCHEDULE OF EVENTS

4.1.1 Publication of Request for Proposal
Publication of this Solicitation conforms with ORS 279B, to include Public Notice by publication in a newspaper of general circulation in the area where the LEAGUE OF OREGON CITIES (“LOC”) is located no less than 30 days prior to the proposal due date, as well as posting of the Public Notice on the web site that typically posts Public Notices concerning the LOC.

Sollicitation Notice Publication: OCTOBER 14th , 2020

4.1.2 Question and Answer period
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The LOC will post questions and answers concerning this Solicitation no later than 10 days prior to the proposal due date. All questions shall be submitted in writing via email to 2060, Contract Manager, at [email protected]. The LOC reserves the right to accept and answer questions after the question and answer period has expired. All questions and answers will be posted on the LOC website at www.orcities.org.

4.1.3 Submission of Proposals
There will be no mandatory pre-proposal meeting. All questions must be submitted via email as directed above. If necessary, questions can be submitted in writing to LEAGUE OF OREGON CITIES, c/o Jamie Johnson-Davis, RFP Manager -1567 Edgewater Street NW Salem, OR 97304 or [email protected].

Close date: Deadline for submission of proposals is 5:00 PM PST, on NOVEMBER 30TH, 2020. The LOC must receive all proposals before 5:00 PM PST on the above closing date in the office of the LEAGUE OF OREGON CITIES, c/o Jamie Johnson-Davis, RFP Manager -1567 Edgewater Street NW Salem, OR 97304
Approximate opening date: 9:00 AM PST on DECEMBER 1ST, 2020 at the office of the LEAGUE OF OREGON CITIES, c/o Jamie Johnson-Davis, RFP Manager -1567 Edgewater Street NW Salem, OR 97304
Proposal selection: DECEMBER 1ST, 2020 to DECEMBER 15TH, 2020.

Approximate award date: JANUARY 4TH, 2021.

All responses to this Solicitation become the property of the LOC. Proposers should mark those aspects of the proposal that they consider trade secrets and exempt from public disclosure. The LOC will not be held accountable if parties other than the LOC obtain material from proposal responses without the written consent of the Proposer(s).

4.1.4 Withdrawal of Proposal
The Proposer(s) may withdraw its proposal at any time prior to the hour and date set for the receipt of proposals. Withdrawal will not preclude the submission of another proposal prior to the deadline.

4.2 REVIEW, INQUIRIES AND NOTICES:

4.2.1 The solicitation documents may be reviewed in person at the following address:

LEAGUE OF OREGON CITIES
1201 Court St. NE
Suite 200
Salem, OR 97301
All inquiries concerning information herein shall be addressed to:

LEAGUE OF OREGON CITIES
c/o Jamie Johnson-Davis, RFP Manager
1567 Edgewater Street NW
Salem, OR 97304
Administrative telephone inquiries shall be addressed to:

Mike Cully
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Email inquiries shall be addressed to: [email protected] Inquiries are required to be submitted by email to the Administrative Contact listed above.

No oral communication is binding on the LOC.

4.2.2 Proposal Interpretation of the RFP Documents and Issuance of Addenda If any Proposer(s) finds discrepancy in, or omissions from, or is in doubt to the true meaning of any part of the RFP document, he/she shall submit a written request for a clarification or interpretation thereof to:

LEAGUE OF OREGON CITIES
c/o Jamie Johnson-Davis, RFP Manager
1567 Edgewater Street NW
Salem, OR 97304
Any request for clarification or interpretation must be received at least ten (10) calendar days prior to the RFP closing date.

The LOC is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner, except by addenda. Addenda, if necessary, will be issued not later than five (5) days prior to the RFP closing date by publication on the LOC’s web site and NPPGov website.

Oral interpretations or statements cannot modify the provisions of this Request for Proposal. If inquiries or comments by Proposers raise issues that require clarification by the LOC, or the LOC decides to revise any part of this Request for Proposal, addenda will be published and provided to all persons who receive the Request for Proposal. Receipt of an addendum must be acknowledged by signing and returning it with the proposal.

4.3 INSTRUCTIONS FOR PREPARING AND SUBMITTING PROPOSALS:

Proposers are to provide two (2) hard copies and two (2) electronic copies of the complete proposal.

Each electronic copy is to be submitted on a USB flash drive with the core response in a file less than 10 MB, when possible. Electronic files may be used by the Evaluation Committee so they should be organized and named in an easy to understand manner. Proposers are to address proposals identified with return address, RFP number and title in the following manner:

LOC “PARK, PLAYGROUND, AND RECREATION EQUIPMENT RFP”
#2060

LEAGUE OF OREGON CITIES
c/o Jamie Johnson-Davis, RFP Manager
1567 Edgewater Street NW
Salem, OR 97304
All prices shall be held firm for a period of sixty (60) days after the Solicitation closing date. Any Proposer may withdraw its proposal if a Master Price Agreement has not been executed within sixty (60) days from the RFP closing date.

4.4 EXCEPTIONS AND DEVIATIONS TO THE RFP
The Proposer shall identify and list all exceptions taken to all sections of this RFP and list these exceptions, referencing the section (paragraph) where the exception exists and stating the proposed #3..
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revision. The Proposer shall list these exceptions under the heading, “Exception to the Solicitation, RFP Number 2060.” Exceptions not listed under the heading “Exception to the Solicitation, RFP Number 2060.” shall be considered invalid. The LOC reserves the right to reject exceptions, render the proposal non-responsive, enter into negotiation on any of the Proposer exceptions, or accept any or all exceptions.

The Proposer shall detail any and all deviations from specifications, if any, contained in this Solicitation and Attachments, as requested. The LOC may accept or reject deviations, and all LOC decisions shall be final.

4.5 RESPONSE FORMAT AND CONTENT:

To aid in the evaluation, it is desired that all proposals follow the same general format. The proposals are to be submitted in binders and have sections tabbed as follows:

4.5.1 Letter of Transmittal

4.5.2 Table of Contents

4.5.3 Short introduction and executive summary. This section shall contain an outline of the general approach utilized in the proposal.

4.5.4 The proposal should contain a statement of all of the programs and services proposed, including conclusions and generalized recommendations. Proposals should be all-inclusive, detailing the Proposer’s best offer. Additional related services should be incorporated into the proposal, if applicable.

4.5.5 Qualifications – This section shall describe the Proposer’s ability and experience related to the programs and services proposed.

4.5.6 Exceptions to the Solicitation, RFP Number 2060.

4.5.7 PRICING SCHEDULE (“ATTACHMENT D”).

4.5.8 PROPOSER PROFILE WORKBOOK (“ATTACHMENT B”).

4.5.9 Complete, Current Catalog Pricing shall be submitted on a USB flash drive.

4.5.10 Format Proposal to specifically address each individual sub-section and sub-set of the SCOPE OF WORK (Section 2.0).

4.5.11 Signed Addenda, if any.

4.5.12 Proposal Final Certification.

5.0 EVALUATION AND POST SUBMISSION

5.1 EVALUATION OF PROPOSAL – SELECTION FACTORS:

LOC will evaluate each Proposal and prepare a scoring of each Proposal. Each Proposal received and reviewed shall be awarded points under each criterion solely on the judgment and determination of the Evaluation Committee and the LOC. There is a maximum score of 500 points and Proposer’s average total score must be at least 200 points for consideration of an award. Proposals will be evaluated on the following criteria and further defined in the Proposal Evaluation Form (ATTACHMENT E) utilizing the point system indicated on the form:
1) Pricing 2) Product Line (within each category) 3) Marketing 4) Customer Service 5) Proven #3..
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Experience & References 6) Coverage 7) Conformance
At the LOC’s discretion, Proposers may be invited to make presentations to the Evaluation Committee.

LOC reserves the right to make multiple awards to meet the national membership needs of this Solicitation.

5.1.1 Additional criteria/preferences that are not necessarily awarded points.

5.1.1.1 Pursuant to ORS 279A.128, Lead Contracting Agency shall give preference to goods fabricated or processed within state or services performed within state.

5.1.1.2 Pursuant to ORS 279A.125, Lead Contracting Agency shall give preference to the procurement of goods manufactured from recycled materials.

5.1.1.3 Pursuant to ORS 279A.120, Lead Contracting Agency shall give preference to goods and services that have been manufactured or produced within the State of Oregon if price, fitness, availability and quality are otherwise equal; and the Lead Contracting Agency shall add a percent increase to the proposal of a nonresident Proposer equal to the percent, if any, of the preference given to the Proposer in the state in which the Proposer resides. All Proposers shall identify the state to which it is a resident bidder.

5.1.1.4 Lead Contracting Agency shall consider proposals for printing, binding and stationary work in accordance with ORS 282.210, incorporated herein by this reference.

5.1.1.5 Proposer shall comply with all federal, state and local laws applicable to the work under the Master Price Agreement awarded as a result of this Solicitation, including, without limitation, the provisions of ORS 279A and ORS 279B, including those provisions set forth on “ATTACHMENT F”, attached hereto and incorporated herein by this reference.

5.1.1.6 Pursuant to Section 1.7, the Lead Contracting Agency encourages Minority and Women-owned Small Business Proposers to submit proposals.

5.2 RIGHT OF LEAGUE OF OREGON CITIES TO AWARD OR REJECT PROPOSALS

5.2.1 The Request for Proposal does not commit the LOC to award a Master Price Agreement for the products or services specified within the Request for Proposal document. The LOC may cancel the procurement or reject any or all proposals in accordance with ORS 279B.100. Under no circumstance will the LOC pay the costs incurred in the preparation of a response to this request.

5.2.2 The LOC reserves the right to:

5.2.2.1 Accept or reject any or all proposals and proposal terms and conditions received as a result of the Request for Proposals;

5.2.2.2 Accept a proposal and subsequent offers for a Master Price Agreement from proposer(s) other than the lowest cost proposer;

5.2.2.3 Waive or modify any irregularities in proposals received after prior notification to the Proposer(s).

5.2.3 The award, if there is one, will be made to that Proposer(s) who is determined to be the most qualified, responsible and responsive within a competitive price range based upon the evaluation of the information furnished under this RFP.

5.3 PROTEST PROCESS
A prospective Proposer may protest the procurement process of the Solicitation for an Agreement solicited under ORS 279B. Before seeking judicial review, a prospective Proposer must file a written #3..
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protest with the LOC and exhaust all administrative remedies. Written protests must be delivered to the LOC at c/o Jamie Johnson-Davis, RFP Manager -1567 Edgewater Street NW Salem, OR 97304 not less than ten (10) days prior to the date upon which all proposals are due. The written protest shall contain a statement of the desired changes to the procurement process or Solicitation document that the protester believes will remedy the conditions upon which the protest is based. The LOC shall consider the protest if it is timely filed and meets the conditions set forth in ORS 279B.405. The LOC shall respond pursuant to ORS 279B.405. If the LOC upholds the protest, in whole or in part, the LOC may in its sole discretion either issue an Addendum reflecting its disposition or cancel the procurement or solicitation. The LOC may extend the due date of proposals if it determines an extension is necessary to consider and respond to the protest.

A Proposer may protest the Award of the Contract, or the intent to Award the Contract, if the conditions set forth in ORS 279B.410 are satisfied. Judicial review of the protest and the LOC’s decision shall be governed by ORS 279B.415.

5.4 NON-ASSIGNMENT
If a Master Price Agreement is awarded, Proposer shall not assign the Agreement in part or in total.

5.5 POST AWARD MEETING:

The successful Proposer(s) may be required to attend a post-award meeting with the LOC to discuss the terms and conditions of the Master Price Agreement.

5.6 PROPOSAL FINAL CERTIFICATION
The Proposer must certify the following:
a) I hereby certify that the Proposal contained herein fully and exactly complies with the instruction for proposers and specifications as they appear in this Notice of Solicitation. b) I hereby further certify that I am authorized by the Board of Directors or Corporate Officers of the Corporation to sign the Requests for Proposals and proposals in the name of the corporation listed below:

Proposer Name: ____________________________________________ Signature: _________________________________________________ Name Typed: ______________________ Title: ___________________ Proposer is a resident bidder of the state of _______________________ Date: _____________________
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ATTACHMENT A

INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
(The Intergovernmental Cooperative Purchasing Agreement is not attached hereto, but the current version is available upon request from the Lead Public Agency)
(The Intergovernmental Cooperative Purchasing Agreement is incorporated by reference herein) #3..
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ATTACHMENT B
Proposer Profile Workbook to be completed by all responders as directed herein (fillable form available upon request)

1.0 GENERAL QUESTIONS:

Section 1.1 only to be completed by vendors with a national presence; i.e. vendors with a sales territory in 25 states or more.

1.1 The “Yes” or “No” questions below are to help evaluators familiarize themselves with national vendors.

Indicate “Yes” or “No” as it applies to your company.
 Do you have a national sales force adequate in size to meet the demands of multiple agencies and their unique needs for the products and services listed herein? Yes No
 Do you have a national distribution network that will support sales resulting from this RFP? Yes No
 Can you provide product availability to meet the requirements for materials and services listed herein for government and nonprofit agencies nationwide in a timely manner? Yes No
 Does your company have the ability to provide toll-free telephone/fax access, and an online presence? Yes No
 Can you provide a single point of contact (National Account Manager) to interact with the lead agency and NPPGov staff?
Yes No
 Are you a strong competitor in the industry with a minimum of three consecutive years of demonstrated success in all business practices and pursuits?
Yes No

1.2 Provide at least three references of government agencies within the United States that have purchased products/services from Proposer similar to those specified in this solicitation within the last year. If proposed products/services are new to market, please use most similar business references available. Include:

Agency name and address
Contact name, phone and email
Description of products/services sold and date.

LOC may use other information, however learned, in evaluation of the response.

1.3 OPTIONAL: If a Dun and Bradstreet Comprehensive Report (or similar) for your company is available, please submit it with your response.

1.4 OPTIONAL: Attach any case studies, white papers and/or testimonials supporting your company and products/services.
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2.0 ABOUT PROPOSER:

2.1 State of incorporation:

2.2 Federal Tax Identification Number:

2.3 If applicable to the product(s) and/or service(s), describe the Proposer’s ability to conduct Ecommerce or online ordering. [Insert response in box below]

2.4 Describe Proposer’s system for processing orders from point of customer contact through delivery and billing. [Insert response in box below]

2.5 Describe Proposer’s ability to provide detailed electronic reporting of quarterly sales correlated with NPPGov Member ID numbers of Participating Agency purchases as set forth in Addendum A to Vendor Administration Agreement (VAA), a copy of which is available upon request from the LOC. [Insert response in box below]

2.6 Describe the capacity of Proposer to meet Minority and Women Business Enterprises (MWBE) preferences, which may vary among Participating Agencies. [Insert response in box below]

2.7 Proposer acknowledges compliance with Davis Bacon wage requirements where labor is concerned by indicating “yes” or “no” below.

2.8 By submitting a Proposal in response to this RFP, Proposer agrees, if applicable, to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE

REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq. Indicate “yes” or “no” below.

2.9 Complete Exhibit 1, located at the end of this workbook.

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3.0 DISTRIBUTION SYSTEM:

3.1 Describe distribution of products and/or services available in Proposer’s response through Proposer’s distribution system (including Alaska and Hawaii), including any limitations. [Insert response in box below]

3.1.A Is it your intent to offer the proposed products and/or services through a designated distribution/dealer network, indicate “yes” or “no” below? YES NO

3.2 Provide Proposer’s shipping and delivery policy, including standard delivery time and any options and costs for expedited delivery and return policies. [Insert response in box below]

3.3 Third party and/or subcontracting may be allowed. If applicable, detail the sub-contracting process (ordering, shipment, invoicing, billing) for those products not carried in Proposer’s distribution center.

Alternatively, if proposer utilizes a third-party ordering, shipment, invoicing or billing partner, please describe in detail. [Insert response in box below]

3.4 What is Proposer’s backorder policy? Is your policy to classify as “immediate or cancel” (requiring the Participating Agency to reorder if item is backordered) or “good until cancelled”? [Insert response in box below]

3.5 Indicate whether the Proposer has any dealer or distributors that are authorized to fulfil purchases? Yes No
[Check one]

3.6 If answered yes to 3.5, include a copy of or link to authorized dealers or distributors. #3..
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4.0 MARKETING:

4.1 Outline Proposer’s plan for marketing the Products and Services to the Participating Agencies on a local and national basis. Include any marketing incentives such as committed dollars for advertising, conferences/travel and custom marketing materials. [May attach marketing plan or insert response in box below]

4.2 Explain how Proposer will educate its local and national sales force about the use of the Master Price Agreement. [Insert response in box below]

4.3 Indicate the Proposer’s willingness to allow training to its local and national sales force about the use of the Master Price Agreement. [Insert response in box below]

5.0 POINT OF CONTACT:

Proposer POC who will administer, coordinate, and manage this program with NPPGov and the LEAGUE OF OREGON CITIES:

Contact Person: Title:

Mailing Address:

City: State & Zip:

Email Address:

Phone #: Fax #:

Attach current resume of National Account Manager that will be the POC managing this contract. #3..
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6.0 CUSTOMER SUPPORT SERVICES:

Explain Proposer’s policy regarding each of the following if applicable to product(s) and/or service(s):

6.1 Auditing for order completeness. [Insert response in box below]

6.2 Replacement policy (i.e., damaged or defective goods). [Insert response in box below]

6.3 Minimum order requirement (e.g., Individual item vs. case lot). [Insert response in box below]

6.4 Customer service hours/days of operation [Insert response in boxes below] Monday: Tuesday: Wednesday: Thursday: Friday: Saturday: Sunday:

6.5 Special Orders. [Insert response in box below]

6.6 Post sale services issues. [Insert response in box below]

6.7 Repair services, including repair warranty programs, if any. Proposer shall identify, where applicable, authorized factory repair facilities that will honor the warranty of items on contract. [Insert response in box below]

6.8 Technical support services Proposer provides. [Insert response in box below]

6.9 Product substitution policy. [Insert response in box below]

6.10 Identify trade-in program criteria (if applicable). [Insert response in box below]

6.11. After hours service (including weekends and holidays) [Insert response in boxes below] Monday: Tuesday: Wednesday: Thursday: Friday: Saturday: Sunday:

6.12 Shipment tracking. [Insert response in box below]

6.13 Back order tracking process. [Insert response in box below] #3..
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6.14 Return Item process, including any/all associated fees (e.g., restocking, shipping, turnaround time on returns). [Insert response in box below]

6.15 Electronic billing. [Insert response in box below]

6.16 Explain how Proposer will resolve complaints, issues, or challenges. [Insert response in box below]

6.17 Other services not already covered. [Insert response in box below] #3..
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7.0 DELIVERY AND FREIGHT CHARGES:

7.1 Identify delivery and/or shipping costs or provide a shipping rate schedule based on weight, item, and/or destination for all items ordered within the continental U.S. (and Hawaii/Alaska). The Proposer shall identify all exceptions to this shipping rate schedule. [Insert response in box below]

7.2 Identify policy for transfer of product ownership (delivery) and damage/issue resolution. [Insert response in box below]

8.0 VENDOR TERMS AND CONDITIONS.

8.1 Does Proposer require that customers/Participating Agencies agree to standard terms and conditions related to their purchase? Yes No [Circle one]

8.2 If answered yes to 8.1, include a copy of or link to terms and conditions.

9.0 WARRANTY INFOMATION:

9.1 Identify warranty options, if applicable. [Insert response in box below] #3..
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Exhibit 1
PARK, PLAYGROUND, AND RECREATION EQUIPMENT Coverage

RETAIL, DISTRIBUTION AND SERVICE/SUPPORT LOCATIONS
Number of retail
stores in each state?
(leave blank for
none)
Number of
distribution centers
in each state?
(leave blank for
none)
Number of support
locations in each
state? (leave blank
for none)

ALABAMA
ALASKA

ARIZONA

ARKANSAS

CALIFORNIA

COLORADO

CONNECTICUT

DELAWARE

FLORIDA

GEORGIA
HAWAII
IDAHO

ILLINOIS

INDIANA
IOWA
KANSAS

KENTUCKY

LOUISIANA
MAINE

MARYLAND

MASSACHUSETTS

MICHIGAN

MINNESOTA

MISSISSIPPI

MISSOURI

MONTANA

NEBRASKA
NEVADA

NEW HAMPSHIRE

NEW JERSEY

NEW MEXICO

NEW YORK

NORTH CAROLINA

NORTH DAKOTA
OHIO

OKLAHOMA
OREGON

PENNSYLVANIA
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Number of retail stores in
each state? (leave blank
for none)
Number of distribution
centers in each state?
(leave blank for none)
Number of support
locations in each state?
(leave blank for none)

RHODE ISLAND

SOUTH CAROLINA

SOUTH DAKOTA

TENNESSEE
TEXAS
UTAH

VERMONT

VIRGINIA

WASHINGTON

WEST VIRGINIA

WISCONSIN

WYOMING

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THE FORM LISTED BELOW MUST BE SIGNED AND RETURNED WITH SOLICITATION RESPONSE #3..
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Exhibit 2
Declaration of Non-Collusion
The undersigned does hereby declare that there has been no collusion between the undersigned, the LEAGUE OF OREGON CITIES, and National Purchasing Partners, and in further support of said Declaration, states as follows:

The person, firm, association, co-partnership or corporation herein named has not, either directly or indirectly, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding or solicitation in the preparation and submission of a proposal to the LEAGUE OF OREGON CITIES for consideration in the award of a contract or Master Price Agreement negotiated as a result of this Request for Proposal.

DATED this ______ day of _____________, _______.

(Name of Firm)
By:
(Authorized Signature)
Title:
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ATTACHMENT C

SPECIFICATIONS

PARK, PLAYGROUND, AND RECREATION EQUIPMENT
These specifications are intended to cover the complete range of PARK, PLAYGROUND, AND RECREATION EQUIPMENT. Several categories are included below but are in no means intended to limit the Proposer to responding to just these categories if there are other related products and services that Proposer would like to be considered for the award.

Proposers should respond with pricing for all products and services they wish to be considered in the evaluation for a possible award and master price agreement.

The following categories are provided to indicate the intended extent of the RFP but do not necessarily represent the format of the Proposer’s response. Proposers may combine any and all categories and elements in a format that is most appropriate to represent their business in their response.

NOTE: Proposers are not required to respond to all categories. Proposals will only be evaluated based on the categories to which they respond.

CATEGORY 1: SCHOOL AGE PLAYGROUNDS AND COMPONENTS: Including but not limited to climbers, tubes, ramps, slides, ladders, bridges, panels, enclosures, barriers, swings, towers, decorative accessories, etc.

CATEGORY 2: AQUATIC & OTHER PLAYGROUNDS AND COMPONENTS:

Including but not limited to climbers, tubes, ramps, slides, ladders, bridges, panels, enclosures, barriers, swings, towers, decorative accessories, etc.

CATEGORY 3: SHELTERS AND SHADE STRUCTURES: Including but not limited to shelters, pavilions, shades, gazebos, pergolas, etc.

CATEGORY 4: OUTDOOR FITNESS EQUIPMENT: Including but not limited to cardio equipment, resistance equipment, lifting equipment, beams, bars, benches, steps, etc.

CATEGORY 5: SAFETY SURFACING: Including but not limited to wood fiber, rubber, sand, synthetic turf, etc.

CATEGORY 6: SITE AMENITIES: Including but not limited to benches, bike racks, tables, trash cans, etc.

CATEGORY 7: INSTALLATION of park and playground equipment, surfaces, amenities and related items
CATEGORY 8: OTHER: Other Park and Playground Equipment, Surfaces & Amenities not included in other categories including but not limited to soccer goals, basketball hoops, batting cages, field game equipment, etc.
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ATTACHMENT D

PRICING SCHEDULE
The intent is for each Proposer to submit their complete product line so that Participating Agencies may order a wide array of products and services as appropriate for their needs. Proposer is encouraged but is not required to respond to all categories. Proposer may suggest additional categories and sub-categories as applicable. Proposer may subcontract items Proposer does not supply.

The Proposer should not necessarily limit the proposal to the performance of the services in accordance with this document but should outline any additional services and their costs if the Proposer deems them necessary to accomplish the program.

Pricing and resulting relative discount to LOC and NPPGov membership shall be clearly delineated on each proposal. Contract admin fee (established in the “Requirements” Section of the RFP) may not be listed or charged as a separate line item to users of the contract. Contract pricing shall be based upon:
1) Fixed discount(s) off published price list(s) or catalog(s) 2) Firm fixed price with economic adjustment (contingencies for economic price adjustments must be identified in the proposal)
3) A combination of the above.

EXAMPLE

PARK, PLAYGROUND, AND RECREATION EQUIPMENT
Product Category Percentage (%) off List
Price*
(OR fixed price if % off
pricing is not available)

SCHOOL AGE PLAYGROUNDS &

COMPONENTS

AQUATIC & OTHER PLAYGROUNDS &

COMPONENTS

SHELTERS AND SHADE STRUCTURES

OUTDOOR FITNESS EQUIPMENT

SAFETY SURFACING

SITE AMMENITIES

INSTALLATION
OTHER
Options
Proposers shall provide pricing on all options, modifications, and accessories in a format that best represents their product line and pricing structure. This may include specific pricing for some options and may also include general pricing/discounts for categories of options. Proposer may also indicate availability and pricing of all other non-specified options. The intent is to provide Proposers the opportunity to present as much product as possible in the format that fits within their individual formatting needs so that the resulting award allows LOC and NPPGov members the greatest number of procurement options.

Miscellaneous
Proposers should include any applicable pricing information related to Section 2.3 of the RFP including but not limited to: large volume purchases, cash terms, rebates, freight/delivery costs and individual discounts.
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ATTACHMENT E

PROPOSAL EVALUATION FORM
Proposals will be evaluated using a two-step process.

The first step evaluates the responsiveness of the proposer and determines 1) if the proposer is deemed fully responsive enabling the proposal to move to the second step and 2) if the proposal will be evaluated as a local response (within the State of Oregon), regional response (covering multiple States, but not the entire US) or a national response (covering the entire US, or at least the continental US).

The second step of the evaluation process will only occur with proposals deemed fully responsive from the first step. The second step fully evaluates the proposer’s response based on the criteria found in the proposal evaluation form.

STEP 1
Proposal Responsiveness
Component YES NO
Submitted on time
Company name and RFP number on outermost
packaging
Completed Proposer Profile Workbook (PPW)
Included pricing structure
Included references
Proposal signed
Deemed Fully Responsive YES NO
Categorized as Local, Regional or National Local Regional National #3..
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Proposal Evaluation Form
STEP 2
Full Evaluation of Proposal
Point Value Definitions
(5) Exceeded Requirements - Compelling Detail, Showed Ability to Complete (4) Met Requirements - Thorough, Provided Supportive Material/Examples (3) Satisfied Requirements - Sufficient
(2) Unclear if Requirements Met - Poor or Confusing
(1) Did Not Comply with Requirements - Substandard or Blank

Component Evaluated Weight Possible
Points
(1-5)
Total
Points
(Weight
x PP)
Evaluator’s Comments
Pricing: Product price and
discounts proposed included
favorable pricing for
cooperative purchasing.

Shipping conditions.

PPW Section 7.0 and Pricing
structure.
25 Comments:

Product Line (Score only
categories proposed):

Breadth, variety, quality of
product line and innovation
of products. Warranty
availability.

PPW Section 9.0.
15 Comments:

Marketing: Marketing plan
to promote the resulting
contractual agreement and
ability to incorporate use of
agreement in their sales
system throughout indicated
coverage region.

Willingness to allow
training of salesforce.

PPW Section 4.0.
15 Comments
Customer Service: Support
dedicated to Participating
Agencies. Ability to meet
promised delivery timelines.

Additional services offered.

Conduct e-commerce.

PPW Sub-Sections 2.3 & 2.4
and Section 6.0.
15 Comments:
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Proven Experience: Success
in providing products and
services in a timely manner.

Years in business,
references and reputation.

Experience with cooperative
purchasing.

PPW Sub-Section 1.2.
15 Comments:

Coverage: Ability to provide
products and services for
indicated coverage region
including distribution, retail
& service facilities,
coordination of
manufacturer and
distribution, and staff
availability. Clearly states
distribution model and
provides dealer list if
applicable.

PPW Section 3.0 and Exhibit 1.
10 Comments:

Conformance: Completeness
of proposal and the degree
to which the Proposer
responded to the terms and
all requirements and
specifications of the RFP.

Followed the response
format and content, was
clear and easily understood.

Provided Term’s and
Condition’s, if applicable.

PPW Section 8.0 and 4.5 of
RFP.
5 Comments:

TOTAL 100
General Comments:

Name of Evaluator _________________________
Signature _________________________________
Date _________________
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ATTACHMENT F

OREGON REVISED STATUTES (AS MAY BE AMENDED) REQUIREMENTS Successful Proposer (Contractor) shall comply with the requirements of this ATTACHMENT F to the extent required by any applicable federal or state law.
(1) Contractor shall pay promptly, as due, all persons supplying labor or materials for the performance of the work provided for in the contract and shall be responsible for such payment of all persons supplying such labor or material to any Subcontractor.
(2) Contractor shall promptly pay all contributions or amounts due the Industrial Accident Fund from such Contractor or Subcontractor incurred in the performance of the contract. (3) Contractor shall not permit any lien or claim to be filed or prosecuted against the LOC or any Participating Agency on account of any labor or material furnished and agrees to assume responsibility for satisfaction of any such lien so filed or prosecuted.
(4) Contractor and any Subcontractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167
(5) If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or materials furnished to the Contractor or a Subcontractor by any person in connection with the contract as such claim becomes due, the LOC or any Participating Agency may pay such claim to the persons furnishing the labor or material and charge the amount of payment against funds due or to become due Contractor by reason of the contract. The payment of a claim in the manner authorized hereby shall not relieve the Contractor or Contract surety from Contractor or its obligation with respect to any unpaid claim. If the LOC or any Participating Agency is unable to determine the validity of any claim for labor or material furnished, the District may withhold from any current payment due Contractor an amount equal to said claim until its validity is determined and the claim, if valid, is paid. (6) Contractor shall promptly, as due, make payment to any person, co-partnership, association, or corporation, furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to employees of such Contractor, of all sums which the Contractor agrees to pay for such services and all monies and sums which the Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. (7) In a contract for personal services, contractor shall pay employees at least time and half for all overtime worked in excess of 40 hours in any one week under the contract in accordance with ORS 653.010 to 653.261 and the Fair Labor Standards Act of 1938 (29 USC 201, et seq.). In contracts for services, contractors shall pay employees at least time and a half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020(1)(b)(A) to (G) and for all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater.
(8) The Contractor must give notice in writing to employees who work on this contract, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and the days per week that the employees may be required to work. (9) All subject employers working under the contract are either employers that will comply with ORS 656.017, or employers that are exempt under ORS 656.126.
(10) All sums due the State Unemployment Compensation Trust Fund from the Contractor or any Subcontractor in connection with the performance of the contract shall be promptly so paid. (11) The contract may be canceled at the election of LOC for any willful failure on the part of Contractor to faithfully perform the contract according to its terms.
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(12) Contractor certifies compliance with all applicable Oregon tax laws, in accordance with ORS 305.385. (13) Contractor certifies that it has not discriminated against minorities, women, emerging small business enterprises certified under ORS 200.055, or business enterprises owned or controlled by or that employ a disabled veteran in obtaining any required subcontractors.
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ATTACHMENT G

WIPHE RESPONSE FORM

THIS FORM MUST BE RETURNED WITH SOLICITATION RESPONSE
Vendor servicing Washington State AGREES to sell items included in this solicitation to WIPHE institutions at prices offered, unless otherwise noted below:
________ DOES NOT agree to sell to WIPHE Institutions.
________ AGREES to sell to WIPHE Institutions at same prices and discounts, with the following exceptions: (attach additional pages as necessary)
Vendor must state geographic areas or specific institution(s) listed below within the State of Washington that are EXCLUDED from the contract(s) resulting from this solicitation:

Washington Institutions of Public Higher Education (WIPHE). See list on following page.

If Vendor agrees to sell to the WIPHE Institutions, a WIPHE Contract number will be assigned and the information will be reported to the Council of Presidents. The Council of Presidents notifies all the other schools when a WIPHE contract has been awarded and a master list will be maintained and the WIPHE website updated.

WIPHE shall determine, at its absolute discretion, whether it shall accept and/or utilize the contract resulting from the Request for Proposal
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Washington Institutions of Public Higher Education (WIPHE)

FOUR-YEAR UNIVERSITIES

CENTRAL WASHINGTON UNIVERSITY

EASTERN WASHINGTON UNIVERSITY

THE EVERGREEN STATE COLLEGE

UNIVERSITY OF WASHINGTON

WASHINGTON STATE UNIVERSITY

WESTERN WASHINGTON UNIVERSITY
COMMUNITY AND TECHNICAL COLLEGES:

BATES TECHNICAL COLLEGE

BELLEVUE COMMUNITY COLLEGE

BELLINGHAM TECHNICAL COLLEGE

BIG BEND COMMUNITY COLLEGE

CASCADE COMMUNITY COLLEGE

CASCADIA COLLEGE

CENTRALIA COLLEGE

CLARK COLLEGE

CLOVER PARK TECHNICAL COLLEGE

COLUMBIA BASIN COLLEGE

EDMONDS COMMUNITY COLLEGE

EVERETT COMMUNITY COLLEGE

GRAYS HARBOR COLLEGE

GREEN RIVER COMMUNITY COLLEGE

HIGHLINE COMMUNITY COLLEGE

LAKE WASHINGTON TECHNICAL COLLEGE

LOWER COLUMBIA COLLEGE

OLYMPIC COLLEGE

PENINSULA COLLEGE

PIERCE COLLEGE

RENTON TECHNICAL COLLEGE

SEATTLE CENTRAL COMMUNITY COLLEGES

SHORELINE COMMUNITY COLLEGE

SKAGIT VALLEY COLLEGE

SOUTH PUGET SOUND COMMUNITY COLLEGE

SPOKANE COMMUNITY COLLEGES

STATE BOARD FOR TECHNICAL & COMMUNITY

COLLEGES

WENATCHEE VALLEY COLLEGE

YAKIMA VALLEY COMMUNITY COLLEGE

WHATCOM COMMUNITY COLLEGE
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Miscellaneous local agencies within Washington State*

ADAMS COUNTY
PUYALLUP SCHOOL DIST 3

KITSAP COUNTY
FIFE SCHOOL DIST 417
RIVERVIEW SCHOOL DIST 407

GONZAGA UNIVERSITY

PLANNED PARENTHOOD OF WESTERN

WASHINGTON

SNOHOMISH COUNTY

MASON COUNTY

FEDERAL WAY SCHOOL DIST

SPOKANE COUNTY
ISSAQUAH SCHOOL DIST 411

ADAMS COUNTY FIRE DISTRICT

ADAMS COUNTY HEALTH DISTRICT

AFFILIATED HEALTH SERVICES

ALDERWOOD WATER DISTRICT

ANACORTES PORT OF
ANACORTES SCHOOL DISTRICT 103

ANNAPOLIS WATER DISTRICT

ASOTIN COUNTY
AUBURN SCHOOL DISTRICT 408
BAINBRIDGE IS SCHOOL DISTRICT 303

BAINBRIDGE ISLAND FIRE DEPARTMENT

BAINBRIDGE ISLAND PARKS
BATTLE GROUND SCHOOL DISTRICT 119
BELLEVUE SCHOOL DISTRICT 405

BELLINGHAM PORT OF
BELLINGHAM SCHOOL DISTRICT 501

BENTON COUNTY

BENTON COUNTY FIRE DISTRICT

BENTON COUNTY PUD

BENTON FRANKLIN COUNTY

BENTON FRANKLIN PRIVTE INDUST CNCL

BENTON PORT OF
BETHEL SCHOOL DISTRICT 403

BIG BROTHERS BIG SISTERS OF KING CO

BIRCH BAY WATER & SEWER DISTRICT

BLANCHET SCHOOL DISTRICT

BREMERTON KITSAP CO HEALTH DISTRICT

BREMERTON PORT OF
BREMERTON SCHOOL DISTRICT 100
BURLINGTON EDISON SCHOOL DIST 100

CANCER RESEARCH AND BOISTATISTICS

CASCADE BLUE MT FD SHR

CASCADE IRRIGATION DISTRICT
CASHMERE SCHOOL DISTRICT 222

CATHOLIC COMM SVCS OF KING CO
CENTRAL KITSAP SCHOOL DISTRICT 401

CENTRAL WAS COMP MENTAL HEALTH
CENTRALIA SCHOOL DISTRICT 40
CHEHALIS SCHOOL DISTRICT 302

CHELAN COUNTY

CHELAN COUNTY COMMUNITY HOSPITAL

CHELAN COUNTY FIRE DISTRICT
CHELAN COUNTY PUD 1

CHELAN DOUGLAS COUNTY HEALTH DIST

CHENEY CARE CENTER

CHILD CARE RESOURCE & REFERRAL

CHILDRENS THERAPY CENTER
CHIMACUM SCHOOL DISTRICT 49

CLALLAM COUNTY

CLALLAM COUNTY FIRE DISTRICT

CLALLAM COUNTY HOSPITAL DISTRICT

CLALLAM COUNTY PUD

CLARK COUNTY

CLARK COUNTY FIRE DISTRICT

CLARK COUNTY PUD
CLE ELUM-ROSLYN SCHOOL DISTRICT 404
CLOVER PARK SCHOOL DISTRICT 400

CNTRL WHIDBEY FIRE & RESCUE

COAL CREEK UTILITY DISTRICT

COALITION AGAINST DOMESTIC VIOLENCE

COLUMBIA COUNTY

COLUMBIA IRRIGATION DISTRICT

COLUMBIA MOSQUITO CONTROL DISTRICT

COMMUNITY CHRISTIAN ACADEMY

COMMUNITY PSYCHIATRIC CLINIC

COMMUNITY TRANSIT

CONFEDERATED TRIBES OF CHEHALIS

CONSOLIDATED DIKING IMPROVEMENT DIST

CONSOLIDATED IRRIGATION

COWLITZ COUNTY

COWLITZ COUNTY FIRE DISTRICT

COWLITZ COUNTY PUD

CROSS VALLEY WATER DISTRICT
DAYTON SCHOOL DISTRICT 2

DOUGLAS COUNTY

DOUGLAS COUNTY FIRE DISTRICT

DOUGLAS COUNTY PUD

DRUG ABUSE PREVENTION CENTER

E COLUMBIA BASIN IRRIGATION DIST

EAST WENATCHEE WATER
EATONVILLE SCHOOL DIST 404
EDMONDS SCHOOL DISTRICT 15
EDUCATIONAL SERVICE DIST 114
EDUCATIONAL SERVICE DISTRICT 113
ELLENSBURG SCHOOL DIST 401

ENUMCLAW SCHOOL DIST

EVERETT PORT OF

EVERETT PUBLICE FACILITIES DIST

EVERGREEN MANOR INC
EVERGREEN SCHOOL DIST 114

FEDERAL WAY FD

FERRY COUNTY

FERRY COUNTY PUBLIC HOSPITAL

FERRY OKAHOGAN FPD

FOSS WATERWAY DEVELOPMENT AUTHORITY

FRANKLIN COUNTY

FRANKLIN COUNTY PUD
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FRANKLIN PIERCE SCHOOL DIST 402

FRIDAY HARBOR PORT OF
GARDENA FARMS IRRIGATION DIST 13

GARFIELD COUNTY

GRAND COULEE PROJECT
GRANDVIEW SCHOOL DIST 116/200
GRANITE FALLS SCHOOL DIST 332

GRANT COUNTY

GRANT COUNTY HEALTH DIST

GRANT COUNTY PUD

GRAYS HARBOR COUNTY

GRAYS HARBOR COUNTY FIRE DIST
GRAYS HARBOR COUNTY PUD # 1

GRAYS HARBOR PORT OF

GRAYS HARBOR PUB DEV AUTH

GRAYS HARBOR TRANSIT
GRIFFIN SCHOOL DIST 324

HARBORVIEW MEDICAL CENTER

HAZEL DELL SEWER DIST

HEALTHY MOTHERS HEALTHY BABIES COAL
HIGHLINE SCHOOL DIST 401

HIGHLINE WATER DIST

HOMESIGHT

HOPELINK
HOQUIAM SCHOOL DIST 28

HOUSING AUTHORITY OF PORTLAND

ILWACO PORT OF
INCHELIUM SCHOOL DIST 70

ISLAND COUNTY

ISLAND COUNTY FIRE DIST

JEFFERSON COUNTY

JEFFERSON COUNTY FIRE DIST

JEFFERSON COUNTY LIBRARY

JEFFERSON COUNTY PUD

JEFFERSON GENERAL HOSPITAL

KARCHER CREEK SEWER DIST
KELSO SCHOOL DIST 458

KENNEWICK GENERAL HOSPITAL
KENNEWICK SCHOOL DISTRICT 17
KENT SCHOOL DIST 415
KETTLE FALLS SCHOOL DIST 212

KING COUNTY

KING COUNTY FIRE DIST

KING COUNTY HOUSING AUTHORITY

KING COUNTY LIBRARY

KING COUNTY WATER SEWER

KINGSTON PORT OF

KITSAP COUNTY FIRE & RESCUE

KITSAP COUNTY LIBRARY
KITSAP COUNTY PUD 1

KITTITAS COUNTY

KITTITAS COUNTY PUD

KITTITAS COUNTY RECLAMATION DIST

KLICKITAT COUNTY

KLICKITAT COUNTY PUD

LAKE CHELAN RECLAMATION DIST
LAKE STEVENS SCHOOL DIST 4
LAKE WASHINGTON SCHOOL DIST 414

LAKEHAVEN UTILITY DIST
LAKEWOOD SCHOOL DIST 306
LEWIS CO PUD 1

LEWIS COUNTY

LEWIS COUNTY FIRE DIST

LEWIS PUBLIC TRANSPORTATION

LIBERTY LAKE SEWER & WATER DIST

LINCOLN COUNTY

LINCOLN COUNTY FIRE DIST

LONGVIEW PORT OF
LONGVIEW SCHOOL DIST 122

LOTT WASTEWATER ALLIANCE

LUMMI INDIAN NATION

MANCHESTER WATER DIST
MARYSVILLE SCHOOL DIST 25

MASON COUNTY FIRE DIST

MASON COUNTY PUD
MEAD SCHOOL DIST 354

METRO PARK DISTRICT OF TACOMA

MID COLUMBIA LIBRARY

MIDWAY SEWER DISTRICT
MONROE SCHOOL DIST 103
MORTON SCHOOL DIST 214

MOSES LAKE PORT OF

MOUNT BAKER SCHOOL DIST
MT VERNON SCHOOL DISTRICT 320
MUKILTEO SCHOOL DIST 6

MUKILTEO WATER DIST

NAVAL STATION EVERETT

NE TRI COUNTY HEALTH DIST

NORTH CENTRAL REGIONAL LIBRARY DIST
NORTH KITSAP SCHOOL DIST 400

NORTH SHORE UTILITY DISTRICT

NORTH THURSTON SCHOOL DISTRICT
NORTHSHORE SCHOOL DIST 417

NORTHWEST KIDNEY CTR

NORTHWEST WORK FORCE DEVELOPMENT CO

NW REGIONAL COUNCIL
OAK HARBOR SCHOOL DIST 201
OAKVILLE SCHOOL DIST 400
OCOSTA SCHOOL DIST 172

OKANOGAN COUNTY

OKANOGAN COUNTY FIRE DIST

OKANOGAN COUNTY PUD

OKANOGAN SCHOOL DISTRICT

OLYMPIA PORT OF
OLYMPIA SCHOOL DISTRICT 111

OLYMPIA THURSTON CHAMBER FOUNDATION

OLYMPIC AREA AGENCY ON AGING

OLYMPIC MEMORIAL HOSPITAL DIST

OLYMPIC REGION CLEAN AIR AGENCY

OLYMPIC VIEW WATER & SEWER DIST

OLYMPUS TERRACE SEWER DIST

PACIFIC COUNTY

PACIFIC COUNTY FIRE

PARATRANSIT SERVICES
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PASCO SCHOOL DIST

PEND OREILLE COUNTY CONSERV DIST

PEND OREILLE COUNTY PUB HOSP DIST

PEND OREILLE COUNTY PUD
PENINSULA SCHOOL DISTRICT 401

PERRY TECHNICAL INSTITUTE

PIERCE COUNTY

PIERCE COUNTY FIRE DIST

PORT ANGELES PORT OF
PORT ANGELES SCHOOL DISTRICT 121

PRESCOTT SCHOOL DIST

PUGET SOUND CLEAN AIR AGENCY

PUGET SOUND SCHOOL DIST

QUINCY COLUMBIA BASIN IRRIG DIST
RICHLAND SCHOOL DIST 400
S KITSAP SCHOOL DISTRICT 402

S SNOHOMISH CO PUBLIC FAC DIST

SAFEPLACE

SAMISH WATER DIST

SAMMAMISH WATER AND SEWER DIST

SAN JUAN COUNTY

SAN JUAN COUNTY FIRE DIST

SEA MAR COMM HEALTH CTR

SEATTLE JEWISH PRIMARY SCHOOL

SEATTLE PORT OF
SEATTLE SCHOOL DIST 1

SEATTLE UNIVERSITY

SECOND AMENDMENT FOUNDATION

SECOND CHANCE INC

SENIOR OPPORTUNITY SERVICES
SHELTON SCHOOL DISTRICT 309

SILVERDALE WATER

SKAGIT COUNTY

SKAGIT COUNTY CONSERVATION DIST

SKAGIT COUNTY FIRE DIST

SKAGIT COUNTY ISLAND HOSPITAL

SKAGIT COUNTY PORT OF
SKAGIT COUNTY PUD 1

SKAGIT TRANSIT

SKAMANIA COUNTY

SKOOKUM INC

SNOHOMISH COUNTY LIBRARY

SNOHOMISH COUNTY PUD

SNOHOMISH HEALTH DISTRICT
SNOHOMISH SCHOOL DISTRICT 201
SOAP LAKE SCHOOL DISTRICT 156

SOOS CREEK WATER AND SEWER DIST

SOUND TRANSIT

SOUTH COLUMBIA BASIN IRRIG DIST

SOUTH EAST EFFECTIVE DEVELOPMENT

SOUTH SOUND MENTAL HEALTH SERVICES

SOUTHWEST YOUTH & FAMILY SERVICES

SPECIAL MOBILITY SERVICES INC

SPOKANE CO AIR POLLUTION CNTRL AUTHORITY

SPOKANE COUNTY FIRE DIST

SPOKANE COUNTY LIBRARY
SPOKANE SCHOOL DISTRICT 81

ST JOSEPH/MARQUETTE SCHOOL
STANWOOD SCHOOL DIST 410

STEVENS COUNTY

STEVENS COUNTY PUD

STILLAGUAMISH TRIBE OF INDIANS
SUMNER SCHOOL DISTRICT 320

SUNNYSIDE PORT OF
SUNNYSIDE SCHOOL DISTRICT 201

SUQUAMISH TRIBE

SW CLEAN AIR AGENCY

SWINOMISH TRIBE

TACOMA DAY CHILD CARE AND PRESCHOOL

TACOMA MUSICAL PLAYHOUSE

TACOMA PORT OF
TACOMA SCHOOL DISTRICT 10

TACOMA-PIERCE CO
TAHOMA SCHOOL DISTRICT 409

TERRACE HEIGHTS SEWER DISTRICT

THURSTON COMMUNITY TELEVISION

THURSTON COUNTY

THURSTON COUNTY CONSERVATION DIST

THURSTON COUNTY FIRE DISTRICT
TOPPENISH SCHOOL DISTRICT 202
TOUCHET SD 300

TRIUMPH TREATMENT SERVICES
TUKWILA SCHOOL DIST 406
TUMWATER SCHOOL DISTRICT 33

U S DEPARTMENT OF TRANSPORTATION

UNITED WAY OF KING COUNTY

UNIVERSITY PLACE SCHOOL DIST

UPPER SKAGIT INDIAN TRIBE

VAL VUE SEWER DISTRICT

VALLEY TRANSIT

VALLEY WATER DISTRICT

VANCOUVER PORT OF
VANCOUVER SCHOOL DISTRICT 37
VASHON ISLAND SCHOOL DISTRICT 402

VERA IRRIGATION

VETERANS ADMINISTRATION

VOLUNTEERS OF AMERICA

WA ASSOC OF SCHOOL ADMINISTRATORS

WA ASSOC SHERIFFS & POLICE CHIEFS

WA GOVERNMENTAL ENTITY POOL

WA LABOR COUNCIL AFL-CIO

WA PUBLIC PORTS ASSOCIATION

WA RESEARCH COUNCIL

WA ST ASSOCIATION OF COUNTIES

WA STATE PUBLIC STADIUM AUTHORITY

WAHKIAKUM COUNTY

WALLA WALLA COLLEGE

WALLA WALLA COUNTY

WALLA WALLA COUNTY FIRE DISTRICT

WALLA WALLA PORT OF
WALLA WALLA SD 140

WASHINGTON ASSOCIATION

WASHINGTON COUNTIES RISK POOL

WASHINGTON FIRE COMMISSIONERS ASSOC
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WASHINGTON HEALTH CARE ASSOCIATION

WASHINGTON PUBLIC AFFAIRS NETWORK

WASHINGTON STATE MIGRANT COUNCIL
WEST VALLEY SCHOOL DISTRICT 208
WEST VALLEY SCHOOL DISTRICT 363

WESTERN FOUNDATION THE

WHATCOM CONSERVATION DIST

WHATCOM COUNTY

WHATCOM COUNTY FIRE DISTRICT

WHATCOM COUNTY RURAL LIBRARY DIST

WHIDBEY GENERAL HOSPITAL

WHITMAN COUNTY

WHITWORTH WATER

WILLAPA COUNSELING CENTER
WILLAPA VALLEY SCHOOL DISTRICT 160

WILLAPA VALLEY WATER DISTRICT
WINLOCK SCHOOL DISTRICT 232

WOODINVILLE FIRE & LIFE SAFETY DIST

WOODLAND PORT OF

YAKIMA COUNTY

YAKIMA COUNTY FIRE DISTRICT

YAKIMA COUNTY REGIONAL LIBRARY
YAKIMA SCHOOL DISTRICT 7

YAKIMA VALLEY FARMWORKERS CLINIC

YAKIMA-TIETON IRRIGATION DISTRICT

YELM COMMUNITY SCHOOL DISTRICT

YMCA - TACOMA PIERCE COUNTY

YMCA OF GREATER SEATTLE
*Washington State cities and other unnamed
Washington State local and municipal agencies may
also utilize the resulting Master Price Agreement;
provided they enter into the Intergovernmental
Cooperative Purchasing Agreement.
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ATTACHMENT H

ELIGIBLE POLITICAL SUBDIVISIONS BY STATE
ATTACHMENT H: ELIGIBLE POLITICAL SUBDIVISION BY STATE is included as a separate document and incorporated by reference herein.
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

September 12, 2022
Date: August 19, 2022
TO: Safety and Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods SUBJECT: American Legion Hall Fire Remediation Emergency Work CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider authorizing payments not to exceed $160,000 to Belfor Property Restoration, Modesto, CA and other vendors for emergency work related to the American Legion Hall fire remediation and forwarding to Council for approval. (Funding Source: JPA TRRP Special Revenue Fund – CIP and Future Insurance Proceeds) STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2020-2025 Strategic Plan Area of Focus: Quality of Life and Governance and Service Delivery.

BACKGROUND:

On July 21, 2022, the American Legion Hall was heavily damaged by a fire. The Modesto Fire Department responded to the scene, located at 1021 South Santa Cruz Avenue, and was able to extinguish the blaze and limit the interior damage as much as possible; however, the damage is significant.

The City contacted Alliant, the property insurance company that insured the structure on behalf of the City, to establish a claim and to identify the next steps. The insurance company dispatched Belfor Property Restoration of Modesto, CA (Belfor) to complete emergency work at the site.

DISCUSSION:

Starting on July 22, 2022, Belfor provided emergency services / mitigation to secure the property against additional damages, perform environmental testing, remove debris resulting from the fire, remove the deck and fence the structure off to protect the public #4..
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Safety and Communities Committee, September 12, 2022
American Legion Hall Fire Remediation Emergency Work

from unnecessary hazards. Belfor’s initial budget estimate for this work is between $123,000 and $126,000.

In addition, the City sent Allied Security to secure the property and ensure the safety of the public until Belfor was able to place fencing around the site and remove the deck that was creating a significant hazard. Allied Security was at the site for approximately two weeks, and the costs incurred for their services totaled approximately $4,000.

Finally, there are two large trees adjacent to the American Legion Hall that have significant damage, and either need heavy trimming, or will need to be removed. Staff has obtained quotes for the tree work from our on-call vegetation management company (West Coast Arborists) of a total not to exceed approximately $15,000.

To ensure that we are requesting permission to cover all necessary emergency expenses, staff is requesting an additional $15,000 (10%) of currently anticipated expenditures be added to this request. The total estimated cost of all emergency work, including the additional 10%, is $160,000. Only necessary emergency work will be completed at this time, and if that work exceeds the $160,000 estimated budget, staff will return to Council for approval. Should the work be less than the $160,000, only actual emergency expenses will be paid.

The City of Modesto’s property insurance policy establishes a maximum deductible (outof-pocket cost to the City) of $100,000. The insurance adjuster confirmed that all of the above costs will be covered expenses, and once the City has paid for $100,000 of work, the insurance company will provide payment to the City to reimburse them for any of these emergency expenses, in addition to other payments for the Actual Cash Value of the American Legion Hall, once that is determined.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid.

However, exceptions to the formal bidding process are granted in MMC 8-3.204(c) “Where the Purchasing Manager, in his or her discretion, determines that calling for bids on a competitive basis as set forth in Section 8-3.203 is undesirable due to exigent circumstances.” This project meets these requirements, as the contractor has been selected directly by the insurance company and it makes the best business sense to utilize their services, given the active insurance claim and the need for this work to be completed as soon as possible to minimize the risk to the public.

FISCAL IMPACT:

The City of Modesto’s maximum deductible of ($100,000) will be funded by transferring funds from the Joint Powers Authority (JPA) – Tuolumne River Regional Park (TRRP) to a Capital Improvement Project (CIP) 101425 that has been created to house this project’s funding. An initial budget adjustment in the amount of $25,000 was completed on the Budget Manager’s authority. The remaining $75,000 is being considered by Council as part of the Budget division’s monthly budget adjustment on September 13, 2022.

There will be a payment from the insurance company of actual expenses that exceed the deductible amount, estimated at this time at approximately $60,000. The costs to the City/TRRP JPA will not exceed $100,000. No General Fund money is being requested for this emergency work.
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Safety and Communities Committee, September 12, 2022
American Legion Hall Fire Remediation Emergency Work

Anticipated Revenues for the Emergency Work in Project 101425:

TRRP JPA Funding $100,000
Insurance Proceeds (estimated) $ 60,000
Total Anticipated Revenue $160,000
Anticipated Expenses for the Emergency Work in Project 101425:

Belfor Property Restoration (estimated) $126,000
Allied Security (estimated) $ 4,000
West Coast Arborists (estimated) $ 15,000
10% estimated additional costs $ 15,000
Total Anticipated Expenses $160,000
At this time, the full cost of the damage to American Legion Hall has not been determined, nor has it been determined if the building can be rebuilt. Once more information is available about the full cost of the damage, staff will work with the TRRP JPA Citizens Advisory Committee (CAC) and Commission to determine the best approach to move forward with American Legion Hall and will provide an update to the City Council at that time.

Approved by:

Laurie A. Smith, Director of Parks, Recreation and
Neighborhoods Manager
Joseph P. Lopez, City Manager
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

September 12, 2022
Date: August 19, 2022
TO: Safety and Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Real Time Crime Center Workstation Purchase
CONTACT: Jessica Smart, Police Administrator, [email protected], (209) 572-9500 DESCRIPTION:

Consider approving a one-time purchase with Watson Furniture Group, by utilizing the competitive bid process from the Houston-Galveston Area Council (H-GAC), for the Purchase and Installation of Real Time Crime Center (RTCC) Workstation Furniture, Equipment, Materials and Labor for an estimated cost not to exceed $62,627, and forwarding to Council for approval. (Funding Source:

Police - Grants)
STRATEGIC PLAN ELEMENT:

This item is related to the adopted City Council 2020-2025 Strategic Plan for Governance and Service Delivery by building community trust in city government through transparent and efficient service delivery.

BACKGROUND:

In March of 2020, the Bureau of Justice Assistance posted a solicitation for applications for funding under the Coronavirus Emergency Supplemental Funding (CESF) Program of the Bureau of Justice Assistance (BJA) of the U.S. Department of Justice. The BJA CESF Program provided funding to assist states, local units of government, and tribes in preventing, preparing for, and responding to the coronavirus.

The performance period for the BJA CESF Program was back-dated to January 20, 2020 and ran for two years with an option to request a one-time, up to 12-month extension, to be requested no fewer than 30 days prior to the end of the performance period. The deadline to apply for the BJA CESF Program was May 29, 2020.
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Safety & Communities Committee, September 12, 2022
Real Time Crime Center Workstation Purchase

The Modesto Police Department received City Council approval, by Resolution No. 2020-226, to apply for the BJA CESF Program on May 12, 2020 and subsequently was awarded $468,128 on May 29, 2020. Based on the department’s application, the funding was allocated to the following:
 Overtime operations for targeted operations related to Domestic Violence Reduction and Commercial and Vehicle Burglaries and Thefts.
 Overtime and general staffing for the Telephone Reporting Unit located within the RTCC to limit in-person contacts and increase telephone and online report taking for calls for service that do not require an officer to respond.
 Purchase of kiosks for the main station lobby for those without internet access to be able to file reports and access information.
 Purchase of workstations for the RTCC to better facilitate the staffing in the RTCC and to assist with the continuing efforts to limit person-to-person contact and increasing capacity to take telephone and online reports for calls that do not require an officer to respond.

In November 2021, the department submitted a Grant Funding Extension request to extend the performance period of the grant for an additional 12 months. This extension request was approved making the grant end day January 31, 2023. This extension was needed to ensure the department had adequate time to complete the final components of the grant which included expending the remaining overtime budget for domestic violence operations and staffing the RTCC as well as the purchases of the kiosks and workstations.

DISCUSSION:

One of the remaining portions of the BJA CESF Program funding is related to the purchase of RTCC workstations and equipment for the RTCC. This is to grow the capacity for increased staffing to assist with telephone and online reports for calls that do not require an officer to respond. With the increased amount of calls, technology support such as video monitoring and intel, as well as online reports, it is imperative to expand the work area to ensure adequate staffing, and also improve ergonomics, thus reducing the potential for staff injuries. In order to meet the needs of the department, Police Department and Purchasing Division staff sought to leverage an industry leader in public safety workstations. The vendor identified by those with knowledge of public safety workstation providers as Watson Furniture Group. The Watson Furniture Group offers a robust and ergonomic product with an extended warranty, and parts that have been tested for repetitive use. Expanded work zones and monitor array mounting options allow equipment to remain clutter free and clear of interference, thus decreasing downtime. In addition to being an industry leader, Watson Furniture Group also has a Houston-Galveston Area Council (H-GAC) contract which has been vetted by the Purchasing Division of the Finance Department.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-3.202(d) encourages the Purchasing Manager to join with the State of California and other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served. #5..
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Safety & Communities Committee, September 12, 2022
Real Time Crime Center Workstation Purchase

FISCAL IMPACT:

This purchase is covered by funding within the BJA CESF Program grant budget. The quote from Watson Furniture Group is for $44,843 for parts and labor and the department is seeking authorization for up to the grant award amount for this expense category to allow for a contingency in an amount of $17,784 for additional parts and labor that may be needed and that qualifies as a grant expense. There is $62,627 available in the console purchase category of this grant in project # 101263 (MPD - 2020 BJAG COVID19 Funding).

FUND PROJECT BUDGETED AMOUNT
1342 - Police – Grants 101263 $62,627
TOTAL NOT TO EXCEED $62,627
Approved by:

Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachments:

1. Watson Furniture Group Quotation

2. H-GAS Bid Tabulation

3. Signed Financial Disclosure Form
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Quote Date
360.394.1300 www.watsonconsoles.com

1. State and Local Taxes will apply unless proof of exemption is provided with the Purchase Order.

2. Deposit may be required with order; Net 30 days of Shipment of Product.

3. Chairs, platforms, rails etc are for representational purposes only. 4. Customer is responsible for verification of room dimensions.

5. Completed Order consists of a signed Contract or Purchase Order, Signed Drawings, Signed Color Selection Sheet, and Deposit.

6. Change Order Fee (minimum $500) may be applicable for changes after 5 business days of submission.

7. Pricing will be valid for four (4) months after receipt of Purchase Order. 8. Lead time based on product type and order size. Check with your sales associate upon ordering. 8/2/2022 11/2/2022

NO REP - ANDRAE
File Name:
00039270
Expiration Date Watson Account Manager:

PD.04.2022-06-03_14-31.cm
Prepared By:

Watson Factory Rep Firm:

Lisa Dotterweich
This Document is Confidential & Proprietary (C) 2017 Watson Furniture Group, Inc. All Rights Reserved Modesto Police Department - Consoles
Contact Name:
600 10th Street
3603941300
Modesto
Zip:

Email Address:

Quint Andrae
Trees Lane
State:

Remit To:

Specified For:

Phone Number:

Address Line 1:

City:
98370
Sales Person:

Watson Rep Firm: Modesto Police Department
Phone Number:

NO REP - ANDRAE
City:

Address Line 1:

Poulsbo
Watson Consoles
26246 Twelve Trees Lane NW
Poulsbo WA 98370
CA
**HGAC CONTRACT NO. EC07-20**
CONSOLE PLAN 01 - (6) Mercury Standard Consoles - RTCU POSITIONS Each Standard Position Includes:
42" High Screens
Electronically Height Adjustable Worksurface
Stationary Monitor Array with Individually Adjustable Monitor Arms Technology Bridge with Active Ventilation to Accommodate PCs *Standard Consoles do not have Techlink or Environment Controls* Installation based on empty room, one trip, 1st floor with no prevailing wage or union requirements.
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Bill of Material
Project: Modesto Police Department - Consoles
Sold to Distributor
Company name: Modesto Police Department Company name: NO REP - ANDRAE Contact Person: Salesman: Quint Andrae
Contact Phone: Salesman Phone:3603941300
Contact Fax: Salesman Fax: 2533481887
Date 8/2/2022 Page 3 / 3
# Qty Part Number Description Sell Ext. Sell

RTCU CONSOLES
1 2 HC6H153918L-N MERCURY STANDARD HUB, 15''D x 39''W x 18H'', LEFT HAND, NO GROMMET $978.97 $1,957.94 2 2 HC6H153918R-N MERCURY STANDARD HUB, 15''D x 39''W x 18H'', RIGHT HAND, NO GROMMET $978.97 $1,957.94 3 4 HC6H243918C MERCURY STANDARD HUB, 24''D x 39''W x 18H'', CENTER $1,576.01 $6,304.04 4 6 HC6W3666N MERCURY STANDARD WORKSURFACE, 36"D x 66'' W, WITH CONTOUR EDGE $1,018.48 $6,110.88 5 6 HG6TS66N MERCURY TECH BRIDGE, SINGLE SIDED 12'' D X 18''H, FOR A 66''W CONSOLE, NO

GROMMET
$469.73 $2,818.38
6 6 HGA MERCURY ARRAY $957.02 $5,742.12
7 2 HGBS1518S-L MERCURY BRIDGE SPACER, 15''D x 18''H SINGLE, LEFT HAND $43.90 $87.80 8 2 HGBS1518S-R MERCURY BRIDGE SPACER, 15''D x 18''H SINGLE, RIGHT HAND $43.90 $87.80 9 4 HGBS2418S-C MERCURY BRIDGE SPACER, 24''D x 18''H SINGLE, CENTER $61.46 $245.84 10 2 HGSOCBKT42L MERCURY OUTSIDE CORNER BRACKET, 42''H $24.15 $48.29 11 2 HGSOCBKT42R MERCURY OUTSIDE CORNER BRACKET, 42''H $24.15 $48.29 12 8 HGSR3942F MERCURY RETURN SCREEN, 39''W x 42''H, ALL FABRIC PANEL $403.88 $3,231.04 13 6 HGSS6642F MERCURY SPINE SCREEN, 66''W x 42''H, ALL FABRIC PANEL $610.21 $3,661.26 14 4 HGSWIBKT42 MERCURY INSIDE CORNER BRACKET, 42''H $19.76 $79.02 15 4 HHC1518 MERCURY HUB COVER, 15"D x 18"H $30.73 $122.92 16 4 HHC2418 MERCURY HUB COVER, 24"D x 18"H $35.12 $140.48 Total RTCU CONSOLES $32,644.04
Subtotal Product $32,644.04
Freight $1,487.00
INSTALL-WAT $7,436.00
Total $41,567.04
Sales Tax (7.88 %) $3,275.48
Grand Total $44,842.52
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PROPOSAL TABULATION - Invitation #EC07-20
Proposer: 911 Datamaster
Product Codes: B, E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service locations Covered References 5 References
Capability of addressing nationwide scope given
Customer training provided with pricing yes
Warranties, policies, procedures for returns Listed
Performance Measures
Score (25 %)
Sales 5
CAR 10
Timely and accurate submission of Contractor's Activity Report #5..
- 166 -
Payment
15 Timely and accurate payment of applicable order processing charge Survey 65
Timely response to request for information and/or requests for pricing quotes Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
95 Total Points Conversion to 25 Pts 23.75
Depth and breadth of offering & pricing Comments Score (75%) Form D provided
Form E Included
Total
75 TOTAL SCORE OF PROPOSAL

98.75 #5..
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0 #5..
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#5..
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Accurate preparation of Contract pricing Worksheet
#5..
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PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Colossus, Incorporated dba InterAct Public
Safety Systems
Product Codes:

Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing
Sales office locations, geographic areas, service locations References
Capability of addressing nationwide scope
Customer training provided with pricing
Warranties, policies, procedures for returns
Performance Measures Score (25 %)
Sales
CAR
Timely and accurate submission of Contractor's Activity Report
Payment
Timely and accurate payment of applicable order
processing Survey charge
Timely response to request for information and/or requests for pricing quotes
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Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 0
Total Points Conversion to 25 Pts 0
Depth and breadth of offering & pricing Comments Score (75%) Form D
Form E
Total
TOTAL SCORE OF PROPOSAL 0
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PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Carbyne, Inc.

Product Codes: E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing provided Sales office locations, geographic areas, service locations Included References References
Capability of addressing nationwide scope yes
Customer training provided with pricing not imcluded in USB Warranties, policies, procedures for returns given
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's Activity Report
Payment
Timely and accurate payment of applicable order
processing charge
Survey
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
New Vendor
Total Points Conversion
to 25 Pts
Depth and breadth of offering & pricing Comments
Form D Yes
Form E No
Total

TOTAL SCORE OF

PROPOSAL
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Score (25 %)
0 25
Score (75%)
75 100
#5..
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PROPOSAL TABULATION - Invitation #EC07-18
Proposer: CenturyLink
Product Codes: A, B, C, E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service locations Covered References References
Capability of addressing nationwide scope given
Customer training provided with pricing
Warranties, policies, procedures for returns Listed
Performance Measures
Score (25
%)
Sales 5
CAR 5
Timely and accurate submission of Contractor's Activity Report
Payment 15
Timely and accurate payment of applicable order processing charge
Survey 60
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 85
Total Points Conversion to 25 Pts 21.25
Depth and breadth of offering & pricing Comments Score (75%) Form D provided
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PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Comtech Solacom Technologies Inc
Product Codes: A, B, E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing given Sales office locations, geographic areas, service locations covered References 5 References
Capability of addressing nationwide scope listed
Customer training provided with pricing USB given
Warranties, policies, procedures for returns supplied
Performance Measures
Score (25
%)
Sales 0
CAR 5
Timely and accurate submission of Contractor's Activity Report
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Payment
0 Timely and accurate payment of applicable order processing charge
Survey 65
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 70
Total Points Conversion to 25 Pts 17.5
Depth and breadth of offering & pricing Comments Score (75%) Form D given
Form E Included
Total 75
TOTAL SCORE OF PROPOSAL 92.5
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PROPOSAL TABULATION - Invitation #EC07-20
Proposer: CSS Minshare LLC
Product Codes: E
Evaluation Criteria
Notes Comments
Company history, evolution, organization,
staffing
provided
Sales office locations, geographic areas, service
locations
given
References 6 references
Capability of addressing nationwide scope included
Customer training provided with pricing given
Warranties, policies, procedures for returns provided
Performance Measures Score (25 %)
Sales 0
CAR 5
Timely and accurate submission of Contractor's
Activity Report
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Payment 0
Timely and accurate payment of applicable
order processing charge
Survey 65
Timely response to request for information
and/or requests for pricing quotes
Accurate preparation of Contract pricing
Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 70
Total Points
Conversion to 25 Pts

17.5 Depth and breadth of offering & pricing Comments Score (75%) Form D provided
Form E Included
Total 75

TOTAL SCORE OF

PROPOSAL

92.5 #5..
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PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Equature / DSS Corporation
Product Codes: A
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing provided Sales office locations, geographic areas, service locations listed References 5 References
Capability of addressing nationwide scope provided
Customer training provided with pricing given
Warranties, policies, procedures for returns given
Performance Measures
Score (25
%)
Sales 0
CAR 10
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Timely and accurate submission of Contractor's Activity Report
Payment
0 Timely and accurate payment of applicable order processing charge
Survey 65
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 75
Total Points Conversion to 25 Pts 18.75
Depth and breadth of offering & pricing Comments Score (75%) Form D provided
Form E Included
Total 75
TOTAL SCORE OF PROPOSAL 93.75
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PROPOSAL TABULATION - Invitation #EC07-18
Proposer: DM & MM, Modular Communications Systems
Product Codes: A
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service locations Given References 5 References
Capability of addressing nationwide scope Included
Customer training provided with pricing Yes
Warranties, policies, procedures for returns Given
Performance Measures
Score (25
%)
Sales 0
CAR 0
#5..
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Timely and accurate submission of Contractor's Activity Report
Payment 0
Timely and accurate payment of applicable order processing charge
Survey 65
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 65
Total Points Conversion to 25 Pts 16.25
Depth and breadth of offering & pricing Comments Score (75%) Form D provided
Form E Included
Total
TOTAL SCORE OF PROPOSAL 16.25
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PROPOSAL TABULATION - Invitation #EC07-18
Proposer: Endura
Product Codes: D
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Covered Sales office locations, geographic areas, service locations Covered References
Capability of addressing nationwide scope Included
Customer training provided with pricing Given
#5..
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Warranties, policies, procedures for returns Listed
Performance Measures Score (25 %)
Sales
CAR
Timely and accurate submission of Contractor's Activity Report
Payment
Timely and accurate payment of applicable order processing charge
Survey
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
0 Total Points Conversion to 25 Pts
25 Depth and breadth of offering & pricing Comments Score (75%) #5..
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Form D provided
Form E Included
Total 75

TOTAL SCORE OF PROPOSAL
100
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PROPOSAL TABULATION - Invitation #EC07-18
Proposer: ErgoFlex Ssystems, Inc. DBA Xybix Systems
Product Codes: D
Evaluation Criteria
Notes
Company history, evolution, organization, staffing
Sales office locations, geographic areas, service locations References
Capability of addressing nationwide scope
Customer training provided with pricing
Warranties, policies, procedures for returns
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's Activity Report
Payment
Timely and accurate payment of applicable order processing charge
Survey
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
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Depth and breadth of offering & pricing
Form D
Form E
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Comments
Included
Covered
5 References
Briefly Included
not imcluded in USB
Listed
Score (25
%)
5 0
15 65
Total Points 85
Total Points Conversion to 25 Pts 21.25
8 #5..
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Comments Score (75%)
Given
Provided
Total 75
TOTAL SCORE OF PROPOSAL 96.25
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PROPOSAL TABULATION - Invitation #EC07-18
Proposer: Evans Consoles Incorporated
Product Codes: D, E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service locations Covered References 5 References
Capability of addressing nationwide scope Briefly Included Customer training provided with pricing not imcluded in USB Warranties, policies, procedures for returns Listed
Performance Measures Score (25 %)
Sales
CAR
Timely and accurate submission of Contractor's Activity Payment Report
Timely and accurate payment of applicable order processing charge
Survey
Timely response to request for information and/or requests for pricing quotes
#5..
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Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 0
Total Points Conversion to 25
Pts
0 Depth and breadth of offering & pricing Comments Score (75%) Form D provided
Form E Included
Total

TOTAL SCORE OF
PROPOSAL 0
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PROPOSAL Proposer: Frontier TABULATION Communications - Invitation of America, #EC07-18 Inc.

Product Codes A & B
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service
locations Covered
References References
Capability of addressing nationwide scope given
Customer training provided with pricing provded
Warranties, policies, procedures for returns Listed
Performance Measures
Score (25 %)
Sales
CAR
#5..
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Timely and accurate submission of Contractor's
Activity Report
Payment
Timely and accurate payment of applicable order
processing charge
Survey
Timely response to request for information and/or
requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 0
New Vendor Total Points Conversion to 25 Pts 25
Depth and breadth of offering & pricing Comments Score (75%) Form D provided
Form E Included
Total 75
TOTAL SCORE OF PROPOSAL 100
#5..
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PROPOSAL TABULATION - Invitation #EC07-16
Proposer: Geo-Comm
Product Codes: B, E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service locations Given References References
Capability of addressing nationwide scope Given
Customer training provided with pricing supplied
Warranties, policies, procedures for returns provided
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's Activity Report Payment
Timely and accurate payment of applicable order processing charge
Survey
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
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Timely delivery of products or services
Quality of products/service
Total Points
New Vendor
Total Points
Conversion to 25 Pts
Depth and breadth of offering & pricing Comments
Form D provided
Form E
Total

TOTAL SCORE OF

PROPOSAL
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Score (25 %)
0 0
0 0
#5..
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0 25
Score (75%)
75 100
#5..
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PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Integrated Computer Systems, Inc.

Product Codes: B
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Ccovered Sales office locations, geographic areas, service locations included References given
Capability of addressing nationwide scope yes
Customer training provided with pricing included
Warranties, policies, procedures for returns provided
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's Activity Report Payment
Timely and accurate payment of applicable order processing charge
Survey
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
New Bidder Total Points Conversion to 25
Pts
Depth and breadth of offering & pricing
Form D Comments
Form E given
Included
Total

TOTAL SCORE OF

PROPOSAL
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Score (25 %)
0 25
Score (75%)
75 100
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PROPOSAL TABULATION - Invitation #EC07-
20 Proposer: Intrado Life & Safety Solutions
Product Codes:n A, B, E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing provided Sales office locations, geographic areas, service
locations included
References references given
Capability of addressing nationwide scope provided
Customer training provided with pricing provided USB
Warranties, policies, procedures for returns given
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's
Activity Report
Payment
Timely and accurate payment of applicable order
processing charge
Survey
Timely response to request for information and/or
requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
New Bidder (Normally participates)
Total Points Conversion to 25 Pts
Depth and breadth of offering & pricing Comments
Form D supplied
Form E Included
Total

TOTAL SCORE OF PROPOSAL
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Score (25 %)
0 25
Score (75%)
75 100
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PROPOSAL TABULATION - Invitation #EC07-16
PROPOSAL TABULATION - Invitation #EC07-20
Proposer: MCM Technology, LLC
Product Codes: B
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing provided Sales office locations, geographic areas, service locations given References 5 references
Capability of addressing nationwide scope ncluded
Customer training provided with pricing USB provided
Warranties, policies, procedures for returns Listed
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's Activity Report
#5..
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Payment
Timely and accurate payment of applicable order processing charge
Survey
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
Total Points Conversion to
25 Pts
Depth and breadth of offering & pricing Comments
Form D included
Form E supplied
Total

TOTAL SCORE OF

PROPOSAL
#5..
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Score (25 %)
5 10
#5..
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15 60
90 22.5
Score (75%)
75 97.5
#5..
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PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Micheal Baker
Product Codes: B, E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service
locations Covered
References 5 References
Capability of addressing nationwide scope Briefly Included Customer training provided with pricing not imcluded in USB Warranties, policies, procedures for returns Listed
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's Activity Report
Payment
Timely and accurate payment of applicable order
processing charge
Survey
Timely response to request for information and/or
requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
Total Points Conversion to 25
Pts
Depth and breadth of offering & pricing Comments
Form D provided
Form E Included
Total

TOTAL SCORE OF

PROPOSAL
#5..
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Score (25 %)
0 0
Score (75%)
0 #5..
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PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Miller At Work
Product Codes: D
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service locations given References none
Capability of addressing nationwide scope Included
Customer training provided with pricing USB given
Warranties, policies, procedures for returns none
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's Activity Report Payment
Timely and accurate payment of applicable order processing charge Survey
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
New Vendor
Total Points
Conversion to 25 Pts
Depth and breadth of offering & pricing Comments
Form D provided
Form E Included
Total

TOTAL SCORE OF

PROPOSAL
#5..
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Score (25 %)
0 25
Score (75%)
75 100
#5..
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PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Vesta Solutions, Inc (Motorola Solutions)
Product Codes: A, B, C E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing given Sales office locations, geographic areas, service
locations provided
References 5 References
Capability of addressing nationwide scope
Customer training provided with pricing not imcluded in USB Warranties, policies, procedures for returns Listed
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's
Activity Report
Payment
Timely and accurate payment of applicable order
processing charge
Survey
Timely response to request for information and/or
requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
new bidder
Total Points
Conversion to 25 Pts
Depth and breadth of offering & pricing Comments
Form D provided
Form E Included
Total

TOTAL SCORE OF

PROPOSAL
#5..
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Score (25 %)
0 0
0 0
0 25
Score (75%)
75 100
#5..
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PROPOSAL TABULATION - Invitation
#EC07-20
Proposer: Noble 911 Services
Product Codes: A
Evaluation Criteria
Notes Comments
Company history, evolution, organization,
staffing given
Sales office locations, geographic areas,
service locations Covered
References 5 References
Capability of addressing nationwide scope Briefly Included Customer training provided with pricing not imcluded in USB Warranties, policies, procedures for returns Listed
Performance Measures Score (25 %)
Sales
CAR
Timely and accurate submission of
Contractor's Activity Report
Payment
Timely and accurate payment of applicable
order processing charge
Survey
Timely response to request for information
and/or requests for pricing quotes
Accurate preparation of Contract pricing
Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 0
New Vendor
Total Points Conversion to
25 Pts
25 Depth and breadth of offering & pricing Comments Score (75%) Form D provided
Form E Included
Total 75

TOTAL SCORE OF
PROPOSAL 100
#5..
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PROPOSAL TABULATION - Invitation
#EC07-20
Proposer: NPSS
Product Codes: E
Evaluation Criteria
Notes Comments
Company history, evolution, organization,
staffing given
Sales office locations, geographic areas,
service locations supplied
References 5 References
Capability of addressing nationwide scope included
Customer training provided with pricing USB provided
Warranties, policies, procedures for returns given
Performance Measures
Sales
CAR
Timely and accurate submission of
Contractor's Activity Report
Payment
Timely and accurate payment of applicable
order processing charge
Survey
Timely response to request for information
and/or requests for pricing quotes
Accurate preparation of Contract pricing
Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
Total Points Conversion to 25 Pts
Depth and breadth of offering & pricing Comments
Form D included
Form E Included
Total

TOTAL SCORE OF

PROPOSAL
#5..
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Score (25 %)
5 0
15 60
80 20
Score (75%)
75 95
#5..
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PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Purvis Systems Incorporated
Product Codes: A, B, C, E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing
Sales office locations, geographic areas, service locations Covered References 5 References
Capability of addressing nationwide scope Briefly Included Customer training provided with pricing USB provided
Warranties, policies, procedures for returns Listed
Performance Measures Score (25 %)
Sales 5
CAR 10
Timely and accurate submission of Contractor's Activity Report
Payment 15
Timely and accurate payment of applicable order
processing charge
Survey 65
#5..
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Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 95
Total Points Conversion to 25
Pts

23.75 Depth and breadth of offering & pricing Comments Score (75%) Form D provided
Form E Included
Total 75

TOTAL SCORE OF
PROPOSAL 98.75
#5..
- 227 -
PROPOSAL TABULATION - Invitation #EC07-20
Proposer: RapidDeploy, Inc
Product Codes: B, E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing included Sales office locations, geographic areas, service locations covered References given
Capability of addressing nationwide scope Included
Customer training provided with pricing USB provided
Warranties, policies, procedures for returns Listed
Performance Measures Score (25 %)
Sales
CAR
Timely and accurate submission of Contractor's Activity Report
Payment
Timely and accurate payment of applicable order
processing charge
Survey
Timely response to request for information and/or
requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 0
Total Points
Conversion to 25
Pts
25 Depth and breadth of offering & pricing Comments Score (75%) Form D included
Form E given
Total 75

TOTAL SCORE
OF PROPOSAL 100
#5..
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PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Rave Wireless
Product Codes: B
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service locations Covered References References
Capability of addressing nationwide scope given
Customer training provided with pricing USB given
Warranties, policies, procedures for returns Listed
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's Activity Report
Payment
Timely and accurate payment of applicable order
processing charge
Survey
#5..
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Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
Total Points
Conversion to
25 Pts
Depth and breadth of offering & pricing Comments
Form D provided
Form E provided
Total
TOTAL

SCORE OF

PROPOSAL
#5..
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Score (25 %)
0 0
0 65
#5..
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65 16.25
Score (75%)
75 91.25
#5..
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PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Russ Bassett Corp
Product Codes: D
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing covered Sales office locations, geographic areas, service locations included References References given
Capability of addressing nationwide scope given
Customer training provided with pricing USB provided
Warranties, policies, procedures for returns given
Performance Measures Score (25 %)
Sales 5
CAR 5
Timely and accurate submission of Contractor's Activity Report
Payment 15
Timely and accurate payment of applicable order processing charge
Survey 65
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 90
Total Points Conversion to 25 Pts 22.5
Depth and breadth of offering & pricing Comments Score (75%) Form D given
Form E Included
Total 75
#5..
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TOTAL SCORE OF PROPOSAL 97.5
#5..
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PROPOSAL TABULATION - Invitation #EC07-
20 Proposer: SecuLore Solutions, LLC
Product Codes: E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing given Sales office locations, geographic areas, service
locations provided
References References
Capability of addressing nationwide scope provide
Customer training provided with pricing USB supplied
Warranties, policies, procedures for returns provided
Performance Measures Score (25 %)
Sales 5
CAR 5
Timely and accurate submission of Contractor's
Activity Report
Payment 15
Timely and accurate payment of applicable order
processing charge
Survey 65
Timely response to request for information and/or
requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 90
Total Points
Conversion to 25 Pts

22.5 Depth and breadth of offering & pricing Comments Score (75%) Form D given
Form E provided
Total 75

TOTAL SCORE OF
PROPOSAL 97.5
#5..
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PROPOSAL TABULATION - Invitation #EC07-20
Proposer: SmartCop
Product Codes: A, B
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing provided Sales office locations, geographic areas, service locations covered References References
Capability of addressing nationwide scope supplied
Customer training provided with pricing USB supplied
Warranties, policies, procedures for returns given
Performance Measures Score (25 %)
Sales 0
#5..
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CAR 5
Timely and accurate submission of Contractor's Activity Report
Payment 0
Timely and accurate payment of applicable order processing charge
Survey 65
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 70
Total Points
Conversion to 25
Pts

17.5 Depth and breadth of offering & pricing Comments Score (75%) Form D covered
Form E given
Total 75

TOTAL SCORE
OF PROPOSAL 92.5
#5..
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PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Southern Software
Product Codes: B
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing covered Sales office locations, geographic areas, service locations included References 5 References
Capability of addressing nationwide scope given
Customer training provided with pricing USB included
Warranties, policies, procedures for returns covered
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's Activity Report Payment
Timely and accurate payment of applicable order processing charge Survey
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
Total Points Conversion to
25 Pts
Depth and breadth of offering & pricing Comments
Form D included
Form E provided
Total

TOTAL SCORE OF

PROPOSAL
#5..
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Score (25 %)
5 10
15 65
95 23.75
Score (75%)
75 98.75
#5..
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PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Spok
Product Codes: A, B, C, D, E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service locations Covered References 5 References
Capability of addressing nationwide scope Briefly Included Customer training provided with pricing not imcluded in USB Warranties, policies, procedures for returns Listed
Performance Measures
Score (25
%)
Sales 0
CAR 0
Timely and accurate submission of Contractor's Activity Report
#5..
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Payment
0 Timely and accurate payment of applicable order processing charge
Survey 65
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 65
Total Points Conversion to 25 Pts 16.25
Depth and breadth of offering & pricing Comments Score (75%) Form D provided
Form E given
Total 75
TOTAL SCORE OF PROPOSAL 91.25
#5..
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#5..
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#5..
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PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Synergem Technologies
Product Codes: B
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service locations Covered References References
Capability of addressing nationwide scope Included
Customer training provided with pricing USB supplied
Warranties, policies, procedures for returns given
Performance Measures
Sales
CAR
#5..
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Timely and accurate submission of Contractor's Activity Report
Payment
Timely and accurate payment of applicable order processing charge
Survey
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
Total Points Conversion
to 25 Pts
Depth and breadth of offering & pricing Comments
Form D provided
Form E Included
Total

TOTAL SCORE OF

PROPOSAL
#5..
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Score (25 %)
0 0
#5..
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0 65
65 16.25
Score (75%)
75 91.25
#5..
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PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Tri-County Communications
Product Codes: A, B, C, D, E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing covered Sales office locations, geographic areas, service locations included References 5 References
Capability of addressing nationwide scope Briefly Included Customer training provided with pricing USB provide
Warranties, policies, procedures for returns Listed
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's Activity Report Payment
Timely and accurate payment of applicable order processing charge
Survey
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
New Bidder
Total Points Conversion to 25
Pts
Depth and breadth of offering & pricing Comments
Form D provided
Form E Included
Total

TOTAL SCORE OF

PROPOSAL
#5..
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Score (25 %)
0 0
0 0
0 25
Score (75%)
75 100
#5..
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PROPOSAL TABULATION - Invitation #EC07-20
Proposer: US Digital Designs, Inc.

Product Codes: C
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service locations Covered References 5 References
Capability of addressing nationwide scope Briefly Included Customer training provided with pricing not imcluded in USB Warranties, policies, procedures for returns Listed
Performance Measures Score (25 %)
Sales 0
CAR 0
Timely and accurate submission of Contractor's Activity Report
Payment 0
Timely and accurate payment of applicable order
processing charge
Survey 0
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 0
New Bidder
Total Points
Conversion to 25
Pts
0 25
Depth and breadth of offering & pricing Comments Score (75%) Form D provided
Form E Included
Total 75

TOTAL SCORE
OF PROPOSAL 100
#5..
- 250 -
PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Watson Furniture Group, Inc. DBA Watson
Conoles
Product Codes: D
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service locations GIVEN References 5 References
Capability of addressing nationwide scope Included
Customer training provided with pricing provided
Warranties, policies, procedures for returns Listed
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's Activity Report
Payment
Timely and accurate payment of applicable order
processing charge
Survey
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
Total Points Conversion
to 25 Pts
Depth and breadth of offering & pricing Comments
Form D provided
Form E Included
Total

TOTAL SCORE OF

PROPOSAL
#5..
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Score (25 %)
0 0
0 0
0 25
Score (75%)
75 100
#5..
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PROPOSAL TABULATION - Invitation #EC07-18
Proposer: Western States Communications, Inc.

Product Codes: A, B, E
Evaluation Criteria
Notes
Company history, evolution, organization, staffing
Sales office locations, geographic areas, service locations References
Capability of addressing nationwide scope
Customer training provided with pricing
Warranties, policies, procedures for returns
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's Activity Report
Payment
Timely and accurate payment of applicable order processing charge
Survey
#5..
- 253 -
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Depth and breadth of offering & pricing
Form D
Form E
#5..
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Comments
Included
Covered
5 References
Briefly Included
not imcluded in USB
Listed
Score (25
%)
0 5
0 65
8 #5..
- 255 -
Total Points 70
Total Points Conversion to 25 Pts 17.5
Comments Score (75%)
provided
Included
Total 75
TOTAL SCORE OF PROPOSAL 92.5
#5..
- 256 -
#5..
- 257 -
#5..
- 258 -
PROPOSAL TABULATION - Invitation #EC07-18
Proposer: Westnet, Inc.

Product Codes: A, B, C, E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service locations Covered References References
Capability of addressing nationwide scope given
Customer training provided with pricing USB given
Warranties, policies, procedures for returns provided
Performance Measures Score (25 %)
Sales 5
CAR 0
Timely and accurate submission of Contractor's Activity Report
Payment 15
#5..
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Timely and accurate payment of applicable order processing charge
Survey 65
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 85
Total Points Conversion to 25 Pts 21.25
Depth and breadth of offering & pricing Comments Score (75%) Form D given
Form E Included
Total 75
TOTAL SCORE OF PROPOSAL 96.25
#5..
- 260 -
PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Wright Line LLC
Product Codes: A, B, C
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service
locations Covered
References References
Capability of addressing nationwide scope included
Customer training provided with pricing USB supplied
Warranties, policies, procedures for returns given
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's
Activity Report
Payment
Timely and accurate payment of applicable order
processing charge
Survey
Timely response to request for information and/or
requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
new bidder
Total Points Conversion to
25 Pts
Depth and breadth of offering & pricing Comments
Form D provided
Form E Included
Total

TOTAL SCORE OF

PROPOSAL
#5..
- 261 -
Score (25 %)
0 0
0 0
0 25
Score (75%)
75 100
#5..
- 262 -
PROPOSAL TABULATION - Invitation #EC07-16
Proposer: Zoll Data Systems, Inc.

Product Codes: A, B, E
PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Zoll Data Systems, Inc.

Product Codes: B, C, E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing included Sales office locations, geographic areas, service locations covered References References
Capability of addressing nationwide scope Included
Customer training provided with pricing USB given
Warranties, policies, procedures for returns provided
Performance Measures Score (25
Sales %) 0
CAR 0
Timely and accurate submission of Contractor's Activity Report
Payment 0
Timely and accurate payment of applicable order
processing charge
Survey 0
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
#5..
- 263 -
Total Points 0
Total Points Conversion to 25 Pts 25
Depth and breadth of offering & pricing Comments Score (75%) Form D given
Form E Included
Total 75
TOTAL SCORE OF PROPOSAL 100
#5..
- 264 -
PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Zoll Medical
Product Codes: A, B
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing covered Sales office locations, geographic areas, service locations included References References
Capability of addressing nationwide scope given
Customer training provided with pricing USB given
Warranties, policies, procedures for returns covered
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's Activity Report
Payment
Timely and accurate payment of applicable order
processing charge
Survey
Timely response to request for information and/or
requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
Total Points Conversion to
25 Pts
Depth and breadth of offering & pricing Comments
Form D provided
Form E Included
Total

TOTAL SCORE OF

PROPOSAL
#5..
- 265 -
Score (25 %)
0 0
0 0
0 25
Score (75%)
75 100
#5..
- 266 -
Notes
Colossus, Incorporated dba InterAct Public Safety Systems (Caliber) proposal non-compliant due to no form d. Also Joint Bidders
Motorola Solutions, Inc.,
Vesta Solutions, Inc.
#5..
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ue to no form d. Also not provided in hard copy.
#5..
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#5..
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#5..
- 270 -
#5..
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

September 12, 2022
Date: August 19, 2022
TO: Safety and Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jose M. Sanchez, City Attorney
SUBJECT: Amendment of Modesto Municipal Code to add Chapter 9, “Automobile Businesses,” to Title 6, “Business, Professions and Trades,” regulating the use of Public Streets and Highways by Automobile Businesses
CONTACT: Jose M. Sanchez, City Attorney, 209-577-5284, [email protected] DESCRIPTION:

Consider an Ordinance amending Title 6 of the Modesto Municipal Code, “Business, Professions and Trades,” by adding Chapter 9, “Automobile Businesses,” related to use of Public Streets and Highways by Automobile Businesses and forwarding to Council for approval. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

This item supports the City’s 2020-2025 Strategic Plan Goal A: Improve Community Safety by identifying and mitigating blight issues; and Goal B: Invest in Beautification Efforts by determining a priority area for proactive code enforcement.

BACKGROUND:

The City of Modesto has continued to receive complaints of automobile related businesses, such as dealers and repair shops, parking or storing vehicles in residential neighborhoods and on other City streets. Most recently the City received complaints of a repair shop parking vehicles that were either being worked on, or waiting to be worked on, in residential streets.

Given the location of some of these automobile related businesses, parking client vehicles on City streets may be a detriment to the residential neighborhoods that may be in close proximity.

Staff was asked to look into possible regulations that could help mitigate these issues. #6..
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Safety & Communities, September 12, 2022
Amendment of Modesto Municipal Code to add Chapter 9, “Automobile Businesses,” to Title 6, “Business, Professions and Trades,” regulating the use of Public Streets and Highways by Automobile Businesses

DISCUSSION:

The lack of specific regulations related to parking by automobile businesses can lead to the use of City streets for storage of automobiles that are for sale or on which work is being performed.

These automobiles may be inoperable while work is being performed and can result in a blight in residential communities. Not only does this harm the aesthetic of the neighborhoods in which this occurs, it also takes up available parking for residents of residential neighborhoods in close proximity to automobile businesses.

In order to help prevent unreasonable use of City streets and neighborhood parking by automobile related businesses, staff in coordination with the City Attorney’s Office is proposing the attached draft ordinance that regulates the manner in which automobile businesses may park, store, or perform work on automobiles in their possession or control. The draft ordinance applies to four types of businesses: (1) Automobile Dealers; (2) Auto Repair Shops; (3) Auto Wreckers; and (4) Car Rental Agencies. With limited exceptions, the ordinance prohibits these types of businesses from storing, displaying, parking, washing, reconditioning, detailing, or performing work on automobiles on any public street or highway within the City. The ordinance provides for exceptions for automobiles that are owned by employees or owners of the affected businesses (so long as these automobiles are not for sale or being worked on) so as not to burden their means of transportation to and from work.

FISCAL IMPACT:

This is no fiscal impact associated with this item.

Approved by: ______________________
Jose M. Sanchez, City Attorney
Joseph P. Lopez, City Manager
Attachments:

1. Ordinance adding Chapter 9 “Automobile Businesses” to Title 6 of the Modesto Municipal Code
#6..
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1 ORDINANCE NO. ________
ORDINANCE AMENDING TITLE 6 OF THE MODESTO MUNICIPAL CODE, “BUSINESS, PROFESSIONS AND TRADES,” BY ADDING CHAPTER 9, “AUTOMOBILE BUSINESSES,” RELATED TO USE OF PUBLIC STREETS AND

HIGHWAYS BY AUTOMOBILE BUSINESSES
WHEREAS, the City of Modesto (“City”) has experienced an excess of automobiles associated with businesses (“Automobile Businesses”) parked and stored in residential neighborhoods and other City streets; and
WHEREAS, excess parking and storage of automobiles in residential neighborhoods degrades the aesthetic character of residential neighborhoods and streets within the City; and WHEREAS, the City has determined that prohibiting the parking and storage of automobiles associated with Automobile Businesses on City streets is in the public interest and welfare of its residents; and
WHEREAS, the City has determined that it is in the public interest and welfare of its residents to add Chapter 9, “Automobile Businesses,” to Title 6, “Business, Professions and Trades,” of the Modesto Municipal Code adding regulations related to how Automobile Businesses use public streets and highways.

NOW, THEREFORE, the City Council of the City of Modesto does ordain as follows:

SECTION 1. FINDINGS
The City Council of the City of Modesto finds that all of the above recitals and within this Ordinance are true and correct and incorporated herein by reference.

SECTION 2. AMENDMENT OF MUNICIPAL CODE

1. The City of Modesto Municipal Code Title 6, Business, Profession and Trades,” is hereby amended by adding Chapter 9, entitled “Automobile Businesses,” to read as follows:
“Chapter 9 – Automobile Businesses
6-9.101 – Findings and Purpose
#6..
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2 (a) The City Council finds and declares as follows:
(1) The City of Modesto has experienced an excess of automobiles associated with businesses (“Automobile Businesses”) parked and stored on City streets and within residential neighborhoods.
(2) Excess parking and storage of automobiles in residential neighborhoods degrades the aesthetic character of residential neighborhoods and streets within the City. (3) Prohibiting the parking and storage of automobiles associated with Automobile Businesses on City streets is in the public interest and welfare of its residents. (b) The purpose of this Article is to improve the aesthetic appearance of City streets and residential neighborhoods by prohibiting the parking and storage of automobiles associated with Automobile Businesses on such streets.
6-9.102 – Definitions
Except as otherwise expressly set forth herein, the following words and terms as used in this Article shall have the following meanings:
(a) “Automobile” shall mean cars, light trucks, motorcycles, mopeds, motor scooters, mobile trailers, commercial vehicles, and other similar forms of vehicular transport. (b) “Auto Repair Shop” shall mean any shop, building, room, place, or space wherein, for compensation, any automobile, other motor vehicles, or any parts thereof are repaired, remodeled, overhauled, reconditioned, or painted.
(c) “Automobile Dealer” shall mean and include any person engaged in, conducting, managing, or carrying on the business of buying, selling, offering to buy, offering to sell, consigned to be sold, or otherwise dealing in new or used motor vehicles, or both, as the term “motor vehicle” is defined in the California Vehicle Code. #6..
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3 (d) “Automobile wrecking” shall mean the principal use of any premises for the dismantling, demolition, or crushing of any automotive vehicle or for the storage of abandoned or irreparably damaged vehicles.
(e) “Car rental agency” shall mean any business involving the rental, leasing, repossession, or transportation of new or used vehicles for rental or leasing. 6-9.103 – Automobile Dealers – New and Used – Parking on Street Prohibited (a) No person engaged in conducting or carrying on the business of an automobile dealer, as defined in Section 6-9.102(c), shall store, display, wash, recondition, detail or otherwise perform work on, or park for such purposes any automobile in his/her possession or under his/her control upon any public street or highway. This Section shall not apply to any automobile registered in the name of such person or to any automobile for which an application and fee for registration in the name of such person has been filed with the Department of Motor Vehicles as long as the automobile is not for sale or repairs or any other function of the auto dealer are not being performed on the automobile. 6-9.104 – Auto Repair Shops – Use of Public Street Prohibited (a) No person engaged in conducting or carrying on the business of an auto repair shop as defined by Section 6-9.102(b), shall repair, remodel, overhaul, recondition, or paint any automobile or other motor vehicle, or any parts thereof, in his/her possession or under his/her control, upon any public street or highway.
(b) No person engaged in conducting or carrying on the business of an auto repair shop as defined by Section 6-9.102(b), shall store, display, or park upon any street or highway, any automobile in his/her possession or under his/her control for the purposes of #6..
- 276 -
4 performing repairs, or which is inoperable, has any parts removed therefrom, or is in any way in the process of being painted.
(c) No person engaged in conducting or carrying on the business of an auto repair shop as defined by Section 6-9.102(b), shall store, display, or park upon a public street or highway any automobile in his/her possession or under his/her control unless otherwise authorized on a temporary basis by the City Manager or his or her designee. This Section shall not apply to the parking of any automobile registered in the name of such person or to any automobile for which an application and fee for registration in the name of such person has been filed with the Department of Motor Vehicles as long as the automobile is not for sale or repairs or any other function of the auto repair shop are not being performed on the automobile.
(d) The business of auto repair shall only be conducted at a location approved by the Planning Department and shall not be operated as a mobile business that goes house to house or building to building.
6-9.105 – Auto Wreckers – Use of Streets Prohibited
(a) No person engaged in conducting or carrying on the business of an auto wrecking shop as defined in Section 6-9.102(d), shall dismantle, wreck, or otherwise tear down any automobile, truck, or parts thereof, in his/her possession or under his/her control, upon any public street or highway.
(b) No person engaged in conducting or carrying on the business of an auto wrecking shop as defined in Section 6-9.102(d), shall store, display, or park for any such purposes any automobile in his/her possession or under his/her control, upon any public street or highway. This Section shall not apply to the parking of any automobile registered in the #6..
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5 name of such person or to any automobile for which an application and fee for registration in the name of such person has been filed with the Department of Motor Vehicles as long as the automobile is not for sale or repairs or any other function of the auto wrecking business are not being performed on the automobile. 6-9.106 – Car Rental Agencies – Use of Streets Prohibited (a) No person engaged in conducting or carrying on the business of a car rental agency, as defined in Section 6-9.102(e), shall store, display, or park for such purposes any automobile in his/her possession or under his/her control upon any public street or highway.
(b) This Section shall not apply to any automobile registered in the name of such person or to any automobile for which an application and fee for registration in the name of such person has been filed with the California Department of Motor Vehicles, as long as the vehicle is not for rent or lease by the owner of the business. This Section shall not apply to any automobile rented or leased by an individual from a car rental agency.” SECTION 3. SEVERABILITY.

If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable, or unconstitutional by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability, or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application any other person or circumstance. The City Council or the City of Modesto hereby declares that it would have adopted each section, sentence, clause, or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses, or phrases of this Ordinance be declared invalid, unenforceable, or unconstitutional. #6..
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6 SECTION 4. EFFECTIVE DATE.

This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 5. PUBLICATION.

At least two (2) days prior to its final adoption, copies of this Ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in the Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this Ordinance, the date of its introduction and the places where this Ordinance is posted.

The foregoing Ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the __ day of August, 2022, by Council Member _________, who moved its introduction and passage to print, which motion being duly seconded by Council Member_____, was upon roll call carried and the Ordinance adopted by the following vote:

AYES: Councilmembers:

NAYS: Councilmembers:

Absent: Councilmembers:

APPROVED:_________________________
SUE ZWAHLEN, Mayor
ATTEST:

BY: __________________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: __________________________________
JOSE M. SANCHEZ, City Attorney
#6..
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7 FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the ___ day of ________, 2022, Councilmember ______________moved its final adoption, which motion being duly seconded by Councilmember ________________, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED: __________________________

MAYOR SUE ZWAHLEN
ATTEST: ____________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: _________________, 2022
5174392.1
#6..
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

September 12, 2022
Date: August 24, 2022
TO: Safety and Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation & Neighborhoods SUBJECT: Third Amendment to Agreement with Grover Landscape Services, Inc.

CONTACT: Kelly Gallagher, Park Operations Manager, [email protected], (209) 342-2270
DESCRIPTION:

Consider approving the Third Amendment to the Agreement with Grover Landscape Services, Inc., Modesto, CA, for Landscape Services to extend the term period for up to an additional six months and increasing the amount of the Agreement by an amount not to exceed $1,331,868 for the extension period, and forwarding to Council for approval. (Funding Source: General Fund – Parks Operations, Community Facilities District Funds, Joint Powers Authority Tuolumne River Regional Park Fund, Various City and Enterprise Funds) STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto 2020-2025 Strategic Plan focus on Quality of Life, Goal D: provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.

BACKGROUND:

In Fiscal Year 2015-16, the City Manager authorized the Purchasing Manager to issue formal RFPs for Landscape Maintenance Services of City parks, landscape median walls, City buildings and Community Facilities Districts (CFDs).

On October 25, 2016, by Resolution 2016-436, Council authorized Service Agreement No. 108650 with Grover Landscape Services, Inc. to provide landscape services to parks, right-ofway areas and medians, Community Facilities Districts, and Enterprise fund sites.

On February 5, 2019, by Resolution 2019-46, Council approved the First Amendment increasing the agreement amount with Grover Landscape Services by $1.2M to a new total of $9.58M for additional service sites, unanticipated and emergency repairs, and extra work. #7..
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Safety & Communities Committee, September 12, 2022
Third Amendment to Agreement with Grover Landscape Services, Inc.