DISCUSSION:
As part of the City’s Fiscal Year 2022-2023 Measure L Program Audit, the accounting firm verified the revenues and expenditures, fund balances, and that the Maintenance of Effort requirement was met.
In order to accomplish the audit, the City provided the following information to the firm:
Payment receipts for all cash received from StanCOG;
Detail of all payroll charges and expenditures supporting documentation. Copies of completed monthly reports submitted to StanCOG; Revenue and Expenditure General Ledger detail and the trial balance for all Measure L funds.
Copy of the certification for the maintenance of effort. List of all Measure L projects; and
A copy of the Strategic Plan.
After all the information was provided, staff worked closely with the firm to ensure that any requested documents and questions asked were addressed in a timely manner.
On December 15, 2023, Hudson Henderson & Company, Inc. issued the final independent auditor’s report of the Measure L program for the fiscal year ending in June 30, 2023. In addition, on December 15, 2023, the firm issued a letter to the Policy Board of Stanislaus Council of Governments with the final report. Both the final report and the letter to StanCOG did not have any findings for the year ending June 30, 2023.
FISCAL IMPACT:
While the information contained in these reports discloses the financial performance for the City, there is no direct fiscal impact.
COMMITTEE RECOMMENDATION:
This item was accepted by the Audit Committee on January 24, 2024, and approved to forward to Council.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Fiscal Year 2022-2023 Auditor’s Report on Compliance of the Measure L: Local Roads First Transportation Funding Measure. #16..
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City Council, February 27, 2024
Fiscal Year 2022-2023 Audited Financial Statements
Approved by:
DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Independent Auditors’ Reports and Schedule of Measure L Revenues and Expenditures for Fiscal Year Ended June 30, 2023.
3. Letter to the Policy Board of Stanislaus Council of Governments #16..
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MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING THE FISCAL YEAR 2022-2023 AUDITOR’S REPORT ON COMPLIANCE OF THE MEASURE L: LOCAL ROADS FIRST
TRANSPORTATION FUNDING MEASURE
WHEREAS, in November of 2016 the voters of Stanislaus County approved the county wide, 25-year, half-cent sales tax increase for the Local Roads First Transportation Funding Measure, known as Measure L. As part of the safe guards built into the expenditure plan an annual independent audit and annual reporting must be completed, and
WHEREAS, on December 12, 2017, per resolution 2017-505, Council approved the Measure L master funding agreement with the Stanislaus Council of Governments (StanCOG) which requires an annual independent audit of all of recipients Measure L accounts which audit shall be conducted at recipient’s sole cost and expense, and WHEREAS, for the audit related to FY 2022-2023 the City received information from StanCOG that they would be continuing to conduct the annual audit and that it would be at the expense of StanCOG as part of the 1% allowable administrative expenses within the Measure L ordinance; and
WHEREAS, the accounting firm of Hudson Henderson & Company, Inc., was selected by StanCOG to conduct the Fiscal Year 2022-2023 audit report, and WHEREAS, as part of the City’s Fiscal Year 2022-2023 Measure L Program Audit, the accounting firm verified the revenues and expenditures, fund balances, and that the Maintenance of Effort requirement was met, and WHEREAS, Hudson Henderson & Company, Inc. issued the final independent auditor’s report of the Measure L program for the fiscal year ending on June 30, 2023. In #16..
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addition, the firm issued a letter to the Policy Board of Stanislaus Council of Governments with the final report. Both the final report and the letter to StanCOG did not have any findings for the year ending June 30, 2023.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Modesto that it hereby accepts the Fiscal Year 2022-2023 Auditor’s Report on Compliance of the Measure L: Local Roads First Transportation Funding Measure.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 27th day of February, 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST: _ ___________________________
DIANA NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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STANISLAUS COUNCIL OF GOVERNMENTS
MEASURE L – CITY OF MODESTO
ANNUAL FINANCIAL REPORT
FOR THE YEAR ENDED
JUNE 30, 2023
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TABLE OF CONTENTS
Page
Independent Auditor’s Report....................................................................................................................... 1 Basic Financial Statements:
Government-Wide Financial Statements:
Statement of Net Position.................................................................................................................. 4 Statement of Activities ....................................................................................................................... 5 Fund Financial Statements:
Balance Sheet- Governmental Fund.................................................................................................. 6 Statement of Revenues, Expenditures and Changes in
Fund Balance- Governmental Fund ................................................................................................. 7 Statement of Revenues, Expenditures and Changes in Fund Balance- Budget to Actual (GAAP)- Special Revenue Fund............................................................................. 8 Notes to Financial Statements ......................................................................................................................... 9 Independent Auditor’s Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards and the Measure L Program........................................................................ 14 Supplemental Schedule:
Schedule of Expenditures by Project.......................................................................................................... 16 #16..
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7086 N. Maple Ave., Suite 104
Fresno, CA 93720
P | (559) 412-7576 F | (559) 493-5325
www.henderson.cpa
INDEPENDENT AUDITOR’S REPORT
To the Policy Board
Stanislaus Council of Governments
Report on the Audit of the Financial Statements
Opinion
We have audited the accompanying financial statements of the governmental activities and major fund of the Measure L Fund of the City of Modesto, California (the Measure L Fund), pertaining to certain provisions of Measure L: Local Road First Transportation Funding Measure (the Measure L Program), issued by the Stanislaus Council of Governments acting as the Stanislaus County Transportation Authority as of and for the year ended June 30, 2023, the budgetary comparison schedule for the special revenue fund and the related notes to the financial statements, which collectively comprise the Measure L Fund’s basic financial statements as listed in the table of contents.
In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities and major fund of the Measure L Fund, as of June 30, 2023, and the respective changes in financial position and budgetary comparison for the special revenue fund for the year then ended in accordance with accounting principles generally accepted in the United States of America.
Basis for Opinion
We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the Measure L Fund and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.
Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.
In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the Measure L Fund’s ability to continue as a going concern for twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter.
Auditor’s Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion.
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2 Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.
In performing an audit in accordance with generally accepted auditing standards and Government Auditing Standards, we:
• Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Measure L Fund’s internal control. Accordingly, no such opinion is expressed. • Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.
• Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the Measure L Fund’s ability to continue as a going concern for a reasonable period of time.
We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit.
Required Supplementary Information
Accounting principles generally accepted in the United States of America require that the management’s discussion and analysis be presented to supplement the financial statements. Management has omitted such information. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. Our opinion on the basic financial statements is not affected by the missing information.
Supplementary Information
Our audit was conducted for the purpose of forming an opinion the financial statements the collectively comprise the Measure L Funds’ basic financial statements. The schedule of expenditures by project (supplemental schedule) is presented for purposes of additional analysis and is not a required part of the basic financial statements. The supplemental schedule is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the supplemental schedule is fairly stated in all material respects in relation to the basic financial statements as a whole.
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3 Emphasis-of-Matters
As discussed in Note 1 to the financial statements, the financial statements present only the Measure L Fund referred to above and are not intended to present the financial position of the City of Modesto, California as a whole and the respective changes in financial position, or where applicable, its cash flows for the year then ended, in accordance with accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter.
Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated December 15, 2023 on our consideration of the Measure L Fund’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Measure L Fund’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Measure L Fund’s internal control over financial reporting and compliance.
HENDERSON CPAs, INC.
Fresno, California
December 15, 2023
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The accompanying notes are an integral part of the financial statements. 4 STANISLAUS COUNCIL OF GOVERNMENTS
MEASURE L - CITY OF MODESTO
STATEMENT OF NET POSITION
JUNE 30, 2023
Governmental
Activities
ASSETS
Cash and investments $ 35,179,554
Accounts receivable 3,692,812
Total Assets 38,872,366
LIABILITIES
None -
Total Liabilities -
NET POSITION
Restricted 38,872,366
Total Net Position $ 38,872,366
#16..
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The accompanying notes are an integral part of the financial statements. 5 STANISLAUS COUNCIL OF GOVERNMENTS
MEASURE L - CITY OF MODESTO
STATEMENT OF ACTIVITIES
FOR THE YEAR ENDED JUNE 30, 2023
Net (Expense)
and Revenue
Program and Changes
in Net Position
Capital Grants
and Governmental
Functions/Programs Expenses Contributions Activities
Governmental Activities:
Public ways and facilities $ 8,285,897 $ 14,104,395 $ 5,818,498 Totals $ 8,285,897 $ 14,104,395 5,818,498
General Revenues:
Investment earnings (losses) 286,390
Total General Revenues 286,390
6,104,888
Net Position, Beginning of Year 32,767,478
Net Position, End of Year $ 38,872,366
Revenues
Change in Net Position
#16..
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The accompanying notes are an integral part of the financial statements. 6 STANISLAUS COUNCIL OF GOVERNMENTS
MEASURE L - CITY OF MODESTO
BALANCE SHEET
GOVERNMENTAL FUND
JUNE 30, 2023
ASSETS
Cash and investments $ 35,179,554
Accounts receivable 3,692,812
Total Assets $ 38,872,366
LIABILITIES
Liabilities
None $ -
Total Liabilities -
DEFERRED INFLOWS OF RESOURCES
Unavailable revenue 1,294,264
Total Deferred Inflows of Resources 1,294,264
FUND BALANCE
Restricted $ 37,578,102
Total Fund Balance 37,578,102
Total Liabilities, Deferred Inflows of Resources, and Fund Balance $ 38,872,366 Reconciliation of the Balance Sheet of the Governmental Fund to the Statement of Net Position:
Total Fund Balance - Governmental Fund $ 37,578,102
Adjustments to the Balance Sheet of the Governmental Fund to reconcile with the Statement of Net Position:
Revenues were considered earned in the Statement of Net Position in the current period, but are considered deferred in the governmental funds. 1,294,264
Total Net Position - Governmental Activities $ 38,872,366 #16..
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The accompanying notes are an integral part of the financial statements. 7 STANISLAUS COUNCIL OF GOVERNMENTS
MEASURE L - CITY OF MODESTO
STATEMENT OF REVENUES, EXPENDITURES
AND CHANGES IN FUND BALANCE
GOVERNMENTAL FUND
FOR THE YEAR ENDED JUNE 30, 2023
REVENUES
Measure L funds $ 12,810,131
Investment earnings (losses) 286,390
Total Revenues 13,096,521
EXPENDITURES
Public ways and facilities 8,285,897
Total Expenditures 8,285,897
Net Change in Fund Balance 4,810,624
Fund Balance, Beginning of Year 32,767,478
Fund Balance, End of Year $ 37,578,102
Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balance of the Governmental Fund to the Statement of Activities:
Net change in Fund Balance - Governmental Fund $ 4,810,624 Adjustments to the Statement of Revenues, Expenditures and Changes in Fund Balance of the Governmental Fund to reconcile with the Statement of Activities:
Revenues were considered earned in the Statement of Net Position in the current period, but are considered deferred in the current year governmental funds. 1,294,264
Change in Net Position - Governmental Activities $ 6,104,888 #16..
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The accompanying notes are an integral part of the financial statements. 8 STANISLAUS COUNCIL OF GOVERNMENTS
MEASURE L - CITY OF MODESTO
STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE- BUDGET TO ACTUAL (GAAP)-
SPECIAL REVENUE FUND
FOR THE YEAR ENDED JUNE 30, 2023
Actual Variance with
Original Final (GAAP Basis) Final Budget
RESOURCES (INFLOWS)
Measure L funds $ 11,211,151 $ 13,978,043 $ 12,810,131 $ (1,167,912) Investment earnings (losses) - - 286,390 286,390
Total Resources (Inflows) 11,211,151 13,978,043 13,096,521 (881,522)
CHARGES TO
APPROPRIATIONS
(OUTFLOWS)
Streets and roads 7,593,276 13,618,717 5,533,300 8,085,417 Bike and pedestrian 1,375,000 1,763,610 1,128,495 635,115 Traffic management 925,057 1,238,942 1,624,102 (385,160) Total Charges to
Appropriations (Outflows) 9,893,333 16,621,269 8,285,897 8,335,372 Net Change in Fund Balance $ 1,317,818 $ (2,643,226) 4,810,624 $ 7,453,850 Fund Balance, Beginning of Year 32,767,478
Fund Balance, End of Year $ 37,578,102
Budgeted Amounts
#16..
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STANISLAUS COUNCIL OF GOVERNMENTS
MEASURE L - CITY OF MODESTO
NOTES TO FINANCIAL STATEMENTS
9 NOTE 1 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
The accompanying financial statements present only the City of Modesto’s Measure L Fund and are not intended to present fairly the financial position, changes in financial position, or cash flows of the City of Modesto, California (the City) as a whole in accordance with accounting principles generally accepted in the United States of America.
Reporting Entity: The City of Modesto’s Measure L Fund (the Measure L Fund), is a special revenue fund of the City.
Stanislaus Council of Governments (StanCOG) is the regional transportation planning agency and the metropolitan planning organization of Stanislaus County, which oversees the Measure L Initiative. Measure L provides for the implementation of the Expenditure Plan as approved and adopted by StanCOG, which provides funding for countywide local street and road improvements, arterial street widening, signalization, pedestrian, bicyclist and driver safety improvements. These needed improvements are funded by Measure L, the one-half of one percent retail transactions and use tax established for a twenty-five-year period, April 1, 2017 – March 31, 2042. The revenues will be deposited in a special fund, used solely for the transportation projects, improvements and programs described in the Expenditure Plan which is considered a part of Ordinance, and incorporated into Measure L Policies and Procedures. The City’s Department of Public Works and Planning staff provides the necessary services such as maintenance and accounting to the Measure L Fund on a reimbursement basis with no allocation of payroll expenses.
Measurement Focus, Basis of Accounting and Financial Statement Presentation: The government-wide financial statements (i.e., the Statement of Net Position and the Statement of Activities) report information on all of the Measure L fund activities. The Statement of Activities demonstrates the degree to which the direct expenses of a given function are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function. Taxes and other items not properly included among program revenues are reported as general revenues.
Separate financial statements are provided for governmental funds. Major individual governmental funds are reported as separate columns in the fund financial statements. • Government-Wide Financial Statements
The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements are met.
• Governmental Fund Financial Statements
Governmental fund financial statements (i.e., Balance Sheet and Statement of Revenues, Expenditures and Changes in Fund Balance) are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available.
Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. Revenues susceptible to accrual are property taxes, interest on investments, and intergovernmental revenues. Property taxes are recorded as revenues in the fiscal year in which they are levied, provided they are collected in the current period or within sixty days thereafter. A one-year availability period is used for all other revenues. Interest on invested funds is recognized when earned.
Intergovernmental revenues that are reimbursements for specific expenditures are recognized when all eligibility requirements are met. Expenditures generally are recorded when a liability is incurred, as under accrual accounting; however, debt service expenditures are recorded only when payment is due. #16..
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STANISLAUS COUNCIL OF GOVERNMENTS
MEASURE L - CITY OF MODESTO
NOTES TO FINANCIAL STATEMENTS (continued)
10 NOTE 1 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Measurement Focus, Basis of Accounting and Financial Statement Presentation (continued): Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, readers may better understand the long-term impact of the government’s near-term financing decisions. Both the governmental fund Balance Sheet and the governmental fund Statement of Revenues, Expenditures and Changes in Fund Balance provide a reconciliation to facilitate this comparison between governmental funds and governmental activities.
The Measure L Fund reports one major governmental fund:
The Special Revenue Fund is the primary operating fund and accounts for all financial resources of the Measure L Fund of the City.
The Measure L Fund adopts annual appropriated budgets for its special revenue fund, which is a major fund.
Budgetary comparison schedules have been provided for this fund to demonstrate compliance with the budgets.
Cash and Investments: In order to maximize the flexibility of its investment program and to aid in cash budgeting, the City pools the cash of all funds, except for monies deposited with fiscal agents in accordance with related bond indentures. The cash and investments balance in each fund represents that fund’s equity share of the City’s cash and investment pool, as the City places no restrictions on the deposit account for the participating funds.
Interest income earned on pooled cash and investments is allocated quarterly. Interest income on restricted cash and investments with fiscal agents is credited directly to the related fund.
Accounts Receivable: The Measure L Fund utilizes the allowance method of accounting for and reporting uncollectible or doubtful accounts. At June 30, 2023, management considered all accounts to be fully collectible and, therefore, no allowance was recorded in the accompanying financial statements.
Accounts Payable: Certain costs are incurred by the Measure L Fund during the current reporting period but are not paid until after the beginning of the next fiscal period. These costs are reported as accounts payable in the financial statements. The Measure L Fund current accounts payable balance is $0 as of June 30, 2023.
Net Position: Net position represents the residual interest of all assets after liabilities are deducted. In accordance with GASB Statement No. 34, the fund equity section on the Statement of Net Position was combined to report total net position and present it in three broad components: net investment in capital assets, restricted, and unrestricted. Net position, net investment in capital assets, includes capital assets net of accumulated depreciation and outstanding principal balances of debt attributable to the acquisition, construction, or improvement of those assets. Net position is restricted when constraints are imposed by third parties or by law through constitutional provisions or enabling legislation. All other net position is unrestricted. The Measure L Fund’s policy is to first apply restricted resources when an expense is incurred for purposes for which both restricted and unrestricted net position is available.
Management’s Use of Estimates: The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions.
These estimates and assumptions affect the reported amounts of assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from these estimates.
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STANISLAUS COUNCIL OF GOVERNMENTS
MEASURE L - CITY OF MODESTO
NOTES TO FINANCIAL STATEMENTS (continued)
11 NOTE 1 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Deferred Outflows and Inflows of Resources: Pursuant to GASB Statement No. 63, Financial Reporting of Deferred Outflows of Resources, Deferred Inflows of Resources, and Net Position, and GASB Statement No. 65, Items Previously Reported as Assets and Liabilities, the Measure L Fund recognizes deferred outflows and inflows of resources.
In addition to assets, the Statement of Net Position will sometimes report a separate section for deferred outflows of resources. A deferred outflow of resources is defined as a consumption of net position by the Measure L Fund that is applicable to a future reporting period.
In addition to liabilities, the Statement of Net Position will sometimes report a separate section for deferred inflows of resources. A deferred inflow of resources is defined as an acquisition of net position by the Measure L Fund that is applicable to a future reporting period. Deferred inflows of resources reported by the Measure L Fund consist of intergovernmental revenues earned, but not yet received.
Fund Balance: In the fund financial statements, in accordance with GASB Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, governmental funds report fund balance as nonspendable, restricted, committed, assigned or unassigned based primarily on the extent to which the Measure L Fund is bound to honor constraints on how specific amounts can be spent. • Nonspendable – Amounts that are not in spendable form (such as inventory) or are required to be maintained intact. The Measure L Fund did not have any nonspendable resources as of June 30, 2023. • Restricted – Amounts constrained to specific purposes by their providers (such as grantors, bondholders, and higher levels of government), through constitutional provisions, or by enabling legislation. The Measure L Fund considers all of its resources to be restricted. • Committed – Amounts constrained to specific purposes by the Measure L Fund itself, using its highest level of decision-making authority (City Council). To be reported as committed, amounts cannot be used for any other purpose unless the City Council takes the same highest-level action to remove or change the constraint. The Measure L Fund did not have any committed resources as of June 30, 2023. • Assigned – Amounts the Measure L Fund intends to use for a specific purpose. Intent can be expressed by the Measure L Fund or by an official or body to which the City Council delegates the authority. The Measure L Fund did not have any assigned resources as of June 30, 2023. • Unassigned – Amounts that are available for any purpose. The Measure L Fund did not have any unassigned resources as of June 30, 2023.
The Measure L Fund establishes and modifies or rescinds fund balance commitments by passage of an ordinance or policy. This is typically done through adoption and amendment of the budget. A fund balance commitment is further indicated in the budget as a designation or commitment of the fund, such as approved contracts. Assigned fund balance is established by the Measure L Fund through adoption or amendment of the budget or future year budget plan as intended for a specific purpose. The Measure L Fund’s policy is to first apply restricted, committed or assigned resources when an expense is incurred for purposes for which both restricted, committed or assigned and unassigned fund balance is available.
Governmental Accounting Standards Update: During the year ending June 30, 2023, the Measure L Fund implemented the following standards with no financial impact:
GASB Statement No. 91 – Conduit Debt Obligations. The requirements of this statement are effective for reporting periods beginning after December 15, 2020. Subsequent to issuance, GASB Statement No. 95 postponed the requirements of this statement to reporting periods beginning after December 15, 2021. #16..
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STANISLAUS COUNCIL OF GOVERNMENTS
MEASURE L - CITY OF MODESTO
NOTES TO FINANCIAL STATEMENTS (continued)
12 NOTE 1 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Governmental Accounting Standards Update (continued):
GASB Statement No. 93 – Replacement of Interbank Offered Rates. The requirements of this statement are effective for reporting periods beginning after June 15, 2021. Subsequent to issuance, GASB Statement No. 95 postponed the certain requirements of this statement to reporting periods beginning after June 15, 2022.
GASB Statement No. 94 – Public-Private and Public-Public Partnerships and Availability Payment Arrangements.
The requirements of this statement are effective for reporting periods beginning after June 15, 2022.
GASB Statement No. 96 – Subscription-Based Information Technology Arrangements. The requirements of this statement are effective for reporting periods beginning after June 15, 2022.
GASB Statement No. 98 – The Annual Comprehensive Financial Report. The requirements of this statement are effective for reporting periods beginning after December 15, 2021.
GASB Statement No. 99 – Omnibus 2022. The requirements of this statement are effective for reporting periods beginning after June 15, 2022.
Released GASB Statements to be implemented in future financial statements are as follows:
GASB Statement No. 100 – Accounting Changes and Error Corrections. The requirements of this statement are effective for reporting periods beginning after June 15, 2023.
GASB Statement No. 101 – Compensated Absences. The requirements of this statement are effective for reporting periods beginning after December 15, 2023.
Subsequent Events: In compliance with accounting standards, management has evaluated events that have occurred after year-end to determine if these events are required to be disclosed in the financial statements.
Management has determined that no events require disclosure in accordance with accounting standards. These subsequent events have been evaluated through December 15, 2023, which is the date the financial statements were available to be issued.
NOTE 2 – CASH AND INVESTMENTS
Cash and investments as of June 30, 2023 are classified in the accompanying financial statements as follows:
Statement of Net Position:
Cash and investments $ 35,179,554
Total cash and investments $ 35,179,554
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STANISLAUS COUNCIL OF GOVERNMENTS
MEASURE L - CITY OF MODESTO
NOTES TO FINANCIAL STATEMENTS (continued)
13 NOTE 2 – CASH AND INVESTMENTS (continued)
Summary of Deposits:
Cash and investments as of June 30, 2023 consist of the following:
Deposits with City of Modesto $ 35,179,554
Total cash and investments $ 35,179,554
See the City of Modesto’s Annual Comprehensive Financial Report (ACFR) for disclosures related to risks and fair value measurements.
NOTE 3 – RISK MANAGEMENT
The Measure L Fund is exposed to various risks of loss related to torts; theft of, damage to, and destruction of assets; errors and omissions; injuries to employees; and natural disasters. The City provides coverage for these losses through commercial insurance policies and/or through participation in the City of Modesto program. Refer to the City of Modesto’s ACFR for additional information.
NOTE 4 – COMMITMENTS AND CONTINGENCIES
Commitments and contingencies, undeterminable in amount, include normal recurring pending claims and litigation. In the opinion of management, based upon discussion with legal counsel, there is no pending litigation which is likely to have a material adverse effect on the financial position of the Measure L Fund. #16..
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7086 N. Maple Ave., Suite 104
Fresno, CA 93720
P | (559) 412-7576 F | (559) 493-5325
www.henderson.cpa
INDEPENDENT AUDITOR’S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON
COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN
ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS AND THE MEASURE L PROGRAM To the Policy Board
Stanislaus Council of Governments
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States; and certain provisions of the Measure L: Local Road First Transportation Funding Measure (the Measure L Program), issued by the Stanislaus Council of Governments acting as the Stanislaus County Transportation Authority, the financial statements of the governmental activities and major fund of the Measure L Fund of the City of Modesto (the Measure L Fund), as of and for the year ended June 30, 2023, the budgetary comparison schedule for the special revenue fund and the related notes to the financial statements, which collectively comprise the Measure L Fund’s basic financial statements, and have issued our report thereon dated December 15, 2023.
Report on Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the Measure L Fund’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Measure L Fund’s internal control. Accordingly, we do not express an opinion on the effectiveness of the Measure L Fund’s internal control.
A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements, on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.
Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified.
Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the Measure L Fund’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements.
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15 However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.
Purpose of This Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.
HENDERSON CPAs INC.
Fresno, California
December 15, 2023
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STANISLAUS COUNCIL OF GOVERNMENTS
MEASURE L – CITY OF MODESTO
SUPPLEMENTAL SCHEDULE
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16 STANISLAUS COUNCIL OF GOVERNMENTS
MEASURE L - CITY OF MODESTO
SCHEDULE OF EXPENDITURES BY PROJECT
FOR THE YEAR ENDED JUNE 30, 2023
Category
Project
Number Project Name
Expense
Budget - Local
Control
Measure L
FY 22-23 Local
Control
Measure L
Expenses
Project to Date
Measure L
Local Control
Expenses
through
6/30/2023
Budget
Remaining for
Future Fiscal
Years
Local Streets & Roads 100806 2016 Pavement Rehab Project $ 176,106 $ 112,534 $ 176,106 $ - Local Streets & Roads 100942 Paradise Road Improvements 415,000 45,156 45,156 369,844 Local Streets & Roads 100966 Pelandale from Sisk to Dale 487,249 - 487,249 - Local Streets & Roads 101036 Carpenter Street Improvements 2,628,392 - 2,628,392 - Local Streets & Roads 101037 Lakewood Street Improvements 2,365,558 2,365,558 - Local Streets & Roads 101038 Wylie,Floyd,Carver Improvements 2,250,469 2,250,469 - Local Streets & Roads 101042 Paradise Road ATP - Construction Portion 7,847,122 637,847 637,847 7,209,275 Local Streets & Roads 101088 Standiford Avenue Pavement Rehab 2,788,144 2,788,144 - Local Streets & Roads 101118 Claus Road Pavement Rehab 1,183,203 1,183,203 - Local Streets & Roads 101120 Village One Slurry Seal 2,554,544 2,554,544 - Local Streets & Roads 101141 Downtown Master Plan 108,450 - 108,450 - Local Streets & Roads 101157 Tuolumne Blvd. Pavement Rehab 2,502,283 - - 2,502,283 Local Streets & Roads 101168 Scenic Dr Pavement Rehab Phase 1 (Lakewood to Claus) 1,345,720 2,164 1,243,944 101,776 Local Streets & Roads 101169 Scenic Dr Pavement Rehab Phase 2 (Downey to 6,035,580 236,134 434,705 5,600,875 Local Streets & Roads 101170 Tully Road Pavement Rehab 2,011,496 - 2,011,496 - Local Streets & Roads 101171 Coffee Road Pavement Rehab Phase 1 3,186,604 - 3,186,604 - Local Streets & Roads 101214 Granger Neighborhood Pavement Rehabilitation 360,000 29,856 299,831 60,169 Local Streets & Roads 101245 2020 Pvmnt Condition Survey 300,000 6,248 189,180 110,820 Local Streets & Roads 101246 Briggsmore-McHenry to Oakdale 5,374,090 1,432,373 1,800,838 3,573,252 Local Streets & Roads 101248 Orangeburg Ave. Pvmt Rehab Ph1 3,121,267 1,771,012 1,997,171 1,124,096 Local Streets & Roads 101249 Pelandale Nghbrhd Pvmt Maintenance 1,871,250 1,208,011 1,481,249 390,001 Local Streets & Roads 101295 9th St Corridor Improvements 3,956,776 - - 3,956,776 Local Streets & Roads 101314 Coffee Road Pavement Rehab Phase 2 2,748,500 744 14,404 2,734,096 Local Streets & Roads 101315 Dale Road Pavement Rehabilitation 2,185,000 - 26,816 2,158,184 Local Streets & Roads 101392 Orangeburg Ave. Pvmt Rehab Ph2 1,736,500 51,221 51,221 1,685,279 Total Local Streets and Roads $ 59,539,303 $ 5,533,300 $ 27,962,577 $ 31,576,726 #16..
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17 STANISLAUS COUNCIL OF GOVERNMENTS
MEASURE L - CITY OF MODESTO
SCHEDULE OF EXPENDITURES BY PROJECT (continued)
FOR THE YEAR ENDED JUNE 30, 2023
Category
Project
Number Project Name
Expense
Budget - Local
Control
Measure L
FY 22-23 Local
Control
Measure L
Expenses
Project to Date
Measure L
Local Control
Expenses
through
6/30/2023
Budget
Remaining for
Future Fiscal
Years
Traffic Management 100634 Upgrade Traffic Signals - 2013 $ 169,432 $ - $ 169,432 $ - Traffic Management 100719 Traffic Signals 2013 (Ros/Bel) - - - - Traffic Management 100720 Traffic Signals 2013 (Pres/Mt. Vrn) 122,080 - 122,080 - Traffic Management 100884 Emergency Vehicle Pre-Emption 61,500 - 61,500 - Traffic Management 100990 System Safety Analysis Program 32,500 393 30,411 2,089 Traffic Management 101039 Task Force for School Safety 46,187 11,834 46,187 - Traffic Management 101040 Orville Wright Elementary Improve. 586,702 6,111 540,195 46,507 Traffic Management 101043 Replace Traffic Controllers 584,437 584,437 - Traffic Management 101066 New Signal Oakdale/Claratina 110,000 11,260 11,260 98,740 Traffic Management 101089 Tully Road Safety Improvement 511,183 3,435 38,229 472,954 Traffic Management 101122 Install 2 Flashing Beacons 9,970 9,970 - Traffic Management 101123 Fiber Drop Traffic Signal Cabinet 420,372 14,366 240,156 180,216 Traffic Management 101124 Replace 35 Traffic Controllers 178,250 - 150,149 28,101 Traffic Management 101125 Traffic Signal Analysis Study 243,270 243,270 - Traffic Management 101157 Tuolumne Blvd. Pavement Rehab 1,023,610 - - 1,023,610 Traffic Management 101172 School Safety Program Study 250,000 40,061 174,148 75,852 Traffic Management 101173 School Area All Stop Beacon 48,000 48,000 - Traffic Management 101174 Advance School Zone Beacons at 13 Schools 129,983 4,972 129,983 - Traffic Management 101175 School Crosswalk Beacon 986,861 906,870 962,050 24,811 Traffic Management 101176 Upgrade Crosswalk to RRFB 37,456 - 37,456 - Traffic Management 101177 Upgrade RRFB - Elliot School 19,670 - 19,670 - Traffic Management 101178 Neighborhood Traffic Calming 1,150,000 133,559 193,522 956,478 Traffic Management 101179 HAWK System at Hetch-Hetchy on Tully and Prescott 470,711 - 25,846 444,865 Traffic Management 101192 Upgrade ATMS - 2019 439,628 286,797 286,797 152,831 Traffic Management 101221 School Safety Program Study - Projects 1,075,000 8,379 8,379 1,066,621 Traffic Management 101242 Install Video Detection 399,971 - 399,971 - Traffic Management 101247 Virginia Corridor Trail Maintenance 258,900 53,380 53,380 205,520 Traffic Management 101316 Adaptive Traffic Control Software 700,000 - 700,000 #16..
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18 STANISLAUS COUNCIL OF GOVERNMENTS
MEASURE L - CITY OF MODESTO
SCHEDULE OF EXPENDITURES BY PROJECT (continued)
FOR THE YEAR ENDED JUNE 30, 2023
Category
Project
Number Project Name
Expense
Budget - Local
Control
Measure L
FY 22-23 Local
Control
Measure L
Expenses
Project to Date
Measure L
Local Control
Expenses
through
6/30/2023
Budget
Remaining for
Future Fiscal
Years
Traffic Management 101317 Fiber Drop Carpenter/Prescott/Maze 40,000 13,927 18,597 21,403 Traffic Management 101318 Fiber Drop Downtown Corridors - G St. and H St. 30,000 11,812 16,261 13,739 Traffic Management 101322 Claus Road Signal Coordination 138,750 7,170 21,622 117,128 Traffic Management 101323 Scenic Drive Signal Coordination 185,000 5,815 20,798 164,202 Traffic Management 101383 Oakdale Road Improvement 66,390 5,788 5,897 60,493 Traffic Management 101384 Sylvan/Standiford PHB's 61,150 10,040 10,133 51,017 Traffic Management 101394 All-Way Stop Beacons - Closed 45,379 45,379 45,379 - Traffic Management 101395 Traffic Safety Analysis 195,000 40,567 40,567 154,433 Traffic Management 101397 Fiber Drop Sisk Road 30,000 2,065 2,065 27,935 Traffic Management 101482 SS4A Action Plan - 122 122 (122) Total Traffic Management $ 10,857,342 $ 1,624,102 $ 4,767,919 $ 6,089,423 Bike and Pedestrian 100882 MJC Bike Path Phase 2 $ 202,047 $ 202,047 $ - Bike and Pedestrian 101041 Active Transportation Plan 300,000 27,054 269,388 30,612 Bike and Pedestrian 101042 Paradise Road ATP 465,718 25,000 440,718 Bike and Pedestrian 101073 Carver/Bangs-Pelandale/Snyder Bike Trail System 205,591 - 205,591 Bike and Pedestrian 101126 Dry Creek Trail Maintenance 685,000 41,537 651,027 33,973 Bike and Pedestrian 101180 Dry Creek Trail Pavement Rehab & ADA Upgrade Phase II 1,447,967 42,311 54,416 1,393,551 Bike and Pedestrian 101247 Virginia Corridor Trail Maintenance 830,683 666,145 713,894 116,789 Bike and Pedestrian 101250 Neighborhood ADA Program 695,534 351,448 358,554 336,980 Bike and Pedestrian 101295 9th St Corridor Improvements 850,057 - - 850,057 Bike and Pedestrian 101391 Nghbrhd ADA Imp Program II 75,000 - - 75,000 Total Bike and Pedestrian $ 5,757,597 $ 1,128,495 $ 2,274,326 $ 3,483,271 Grand Total $ 76,154,242 $ 8,285,897 $ 35,004,822 $ 41,149,420 #16..
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7086 N. Maple Ave., Suite 104
Fresno, CA 93720
P | (559) 412-7576 F | (559) 493-5325
www.henderson.cpa
December 15, 2023
To the Policy Board of
Stanislaus Council of Governments
We have audited the financial statements of the governmental activities and major fund of the Measure L Fund of the City of Modesto, California (the Measure L Fund) pertaining to certain provisions of Measure L: Local Road First Transportation Funding Measure, (the Measure L Program) issued by the Stanislaus Council of Governments acting as the Stanislaus County Transportation Authority as of for the year ended June 30, 2023, the budgetary comparison schedule for the special revenue fund and the related notes to the financial statements, which collectively comprise the basic financial statements of the Measure L Fund. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and Government Auditing, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated September 9, 2023. Professional standards also require that we communicate to you the following information related to our audit.
Significant Audit Matters
Qualitative Aspects of Accounting Practices
Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the Measure L Fund are described in Note 1 to the financial statements. No new significant accounting policies were adopted and the application of existing policies was not changed during 2023. We noted no transactions entered into by the Measure L Fund during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period.
Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. There were no sensitive estimates affecting the financial statements.
The financial statement disclosures are neutral, consistent, and clear.
Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our audit.
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. No misstatements were detected as a result of audit procedures that were material, either individually or in the aggregate, to each opinion unit’s financial statements taken as a whole.
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Stanislaus Council of Governments
Measure L – City of Modesto
December 15, 2023
Disagreements with Management
For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor’s report.
We are pleased to report that no such disagreements arose during the course of our audit.
Management Representations
We have requested certain representations from management that are included in the management representation letter dated December 15, 2023.
Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to the Measure L Fund’s financial statements or a determination of the type of auditor’s opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants.
Other Audit Findings or Issues
We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the Measure L Fund’s auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention.
Other Matters
We were engaged to report on the Schedule of Expenditures by project, the supplemental schedule, which accompany the financial statements but are not RSI. With respect to this supplementary information, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves.
Restriction on Use
This information is intended solely for the information and use of the Policy Board and management of the City of Modesto and is not intended to be, and should not be, used by anyone other than these specified parties.
Sincerely,
HENDERSON CPAs, INC.
By: Brian Henderson, CPA
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
February 27, 2024
Date: February 3, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: First Amendment to Grant Evaluation, Research and Reporting Consultant Agreement with Research Triangle Institute
CONTACT: Chris Adams, Captain, [email protected], 209-572-9500 DESCRIPTION:
Consider approving a First Amendment to the Grant Evaluation, Research and Reporting Agreement with Research Triangle Institute, Research Triangle Park, North Carolina, for the Board of State and Community Corrections' California Violence Intervention and Prevention Grant Program to expand to include the Board of State and Community Corrections’ Organized Retail Theft Prevention Grant Program for a revised total amount not to exceed $408,839 and extending the term of the agreement from December 12, 2025, to June 12, 2027. (Funding Source: Police Grants)
STRATEGIC PLAN ELEMENT:
This item is related to the adopted City Council 2020-2025 Strategic Plan focus area of Quality of Life under Goal - Improve Community Safety.
BACKGROUND:
On December 13, 2022, by Resolution No. 2022-488, Council approved an agreement with Research Triangle Institute (RTI) International for independent evaluations services related to the Board of State and Community Corrections California Violence Intervention and Prevention Grant Program (BSCC CalVIP). This agreement is ongoing and provides for grant evaluation, research, and reporting services for the CalVIP grant awarded to the City of Modesto.
Since that time, the Modesto Police Department has applied for and been awarded another grant from the Board of State and Community Corrections. In September of 2023, the Modesto Police Department was awarded $6,003,419 in Organized Retail Theft Prevention (ORT) Grant funds from the Board of State and Community Corrections (BSCC) and the grant was accepted by the Council by Resolution No. 2023-431. The grant funding specifies the need for a local evaluation to be completed for reporting to BSCC the progress and impact of the grant funding.
The local evaluator is required to evaluate the specific BSCC guidelines, to ensure objectives and deliverables are met, and to make a clear, logical, project process evaluation report. This #17..
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City Council, February 27, 2024
First Amendment to Grant Evaluation, Research and Reporting Consultant Agreement with Research Triangle Institute
includes process and outcome measures, number of operations, estimated value of stolen property recovered, staffing, effectiveness.
DISCUSSION:
Since December of 2022, the City of Modesto has been in an agreement with RTI for evaluation of the CalVIP Grant from BSCC. RTI has fulfilled all their obligations of the agreement to date and has proven to be a trusted and reliable vendor for grant evaluation, research, and reporting services.
As part of the BSCC funding for the ORT Grant, grantees are required to set aside at least $75,000 but not more than five percent (5%) of the total grant award for data collection and evaluation efforts, including data collection for quarterly progress reports and statewide evaluation and the development of the Local Evaluation Plan and Local Evaluation Report. As part of the Police Department’s application and subsequent award, $255,000 was set aside within the grant funding to fulfill this grant requirement.
RTI is an independent, nonprofit research institute with a proven ability to perform the BSCC required services. RTI has been fully vetted and valued by the Federal General Services Administration (GSA). RTI provided a proposed scope of work in a Technical Proposal and cost in a Business Proposal. The scope of work required for the BSCC ORT Grant for the data collection and evaluation requirement is similar in scope to that of the work RTI is already conducting for the BSCC CalVIP Grant. This includes reporting, statistical and evaluation measurements, and our final grant evaluation, measuring the overall impact our efforts provide for a safer community and crime reduction. The evaluation of the ORT Grant will include these items as well as process and outcome measures, number of operations estimated, value of stolen property recovered, staffing, and effectiveness.
Because of the current agreement with RTI International and their ability to meet the needs of BSCC reporting, coupled with the similarity in scope of work, making a modification to the current agreement would be the most seamless and efficient solution.
Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) “Where the Purchasing Manager, in her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.” Amending the existing agreement with RTI for Grant Evaluation, Research and Reporting Services qualifies for this exemption as RTI is already performing these services for the CalVIP grant which is a BSCC grant and expanding the scope to include the ORT grant which is also a BSCC grant will help the Police Department avoid delays related to the reporting and evaluation requirements of both grants and increase efficiency as the evaluation needs for both grants are similar in nature and format.
FISCAL IMPACT:
BSCC ORT grantees were required to set aside at least $75,000 but not more than five percent (5%) of the total grant award for data collection and evaluation efforts, including data collection for quarterly progress reports and statewide evaluation and the development of the Local #17..
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City Council, February 27, 2024
First Amendment to Grant Evaluation, Research and Reporting Consultant Agreement with Research Triangle Institute
Evaluation Plan and Local Evaluation Report. As such, the Police Department set aside $255,000 in the grant budget for grant evaluation and data collection services. Project 101537 has been established for the BSCC ORT Grant and $255,000 is budgeted in Appropriation Unit C with a task of Data Collection/Evaluation. There is no impact to the General Fund for these services.
COMMITTEE RECOMMENDATION:
Due to time constraints this item was not presented to the committee.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving a First Amendment to the Agreement with Research Triangle Institute for Grant Evaluation, Research and Reporting Services by increasing the agreement by $253,884 from $154,955 to a new total amount not to exceed $408,839 and extending the term of the agreement from December 12, 2025, to June 12, 2027; and authorizing the City Manager, or his designee, to execute the Amendment.
Approved by:
Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. First Amendment with Exhibits
3. Original Signed Agreement with Exhibits
4. Executed Bid Waiver
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING A FIRST AMENDMENT TO THE AGREEMENT
WITH RESEARCH TRIANGLE INSTITUTE FOR GRANT EVALUATION,
RESEARCH AND REPORTING SERVICES BY INCREASING THE
AGREEMENT BY $253,884 FROM $154,955 TO A NEW TOTAL AMOUNT NOT TO EXCEED $408,839 AND EXTENDING THE TERM OF THE AGREEMENT FROM DECEMBER 12, 2025, TO JUNE 12, 2027; AND AUTHORIZING THE
CITY MANAGER, OR HIS DESIGNEE TO EXECUTE THE AMENDMENT
WHEREAS, December 13, 2022, Research Triangle Institute (RTI), entered into an agreement with the City of Modesto to perform grant evaluation, research and reporting services related to the Board of State and Community Corrections (BSCC) California Violence Intervention and Prevention Grant Program (CalVIP) for an amount not to exceed $154,884; and
WHEREAS, since that time, the Modesto Police Department (MPD), has applied for and been awarded another grant from the Board of State and Community Corrections for the Organized Retail Theft (ORT) Prevention Grant, and WHEREAS, the grant funding specifies the need for local evaluation to be completed for reporting to BSCC the progress and impact of the grant funding; and WHEREAS, the local evaluator is required to evaluate the specific BSCC guidelines, to ensure objectives and deliverables are met, and to make a clear, logical, project process evaluation report; and
WHEREAS, RTI is an independent, nonprofit research institute with a proven ability to perform the BSCC required services; and
WHEREAS, the scope of work required for the BSCC ORT Grant for the data collection and evaluation requirement is similar in scope to that of the work RTI is already conducting for the BSCC CalVIP Grant; and
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2 WHEREAS, the Modesto Police Department seeks approval to increase the funds available on the agreement by $253,884 and extend the term of the agreement to June 12, 2027; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) “Where the Purchasing Manager, in her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.” Amending the existing agreement with RTI for Grant Evaluation, Research and Reporting Services qualifies for this exemption as RTI is already performing these services for the CalVIP grant which is a BSCC grant and expanding the scope to include the ORT grant which is also a BSCC grant will help the Police Department avoid delays related to the reporting and evaluation requirements of both grants and increase efficiency as the evaluation needs for both grants are similar in nature and format.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a First Amendment to the agreement with Research Triangle Institute for Grant Evaluation, Research and Reporting Services by increasing the agreement by $253,884 from $154,955 to a new total amount not to exceed $408,839 and extending the term of the agreement from December 12, 2025, to June 12, 2027.
BE IT FURTHER RESOLVED, that the City Manager, or his designee is hereby authorized to execute the Amendment, in a form approved by the City Attorney. #17..
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3 The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 27th day of February, 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
/
ATTEST: _______________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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1 FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT
FOR GRANT EVALUATION, RESEARCH AND REPORTING CONSULTANT
AGREEMENT WITH RESEARCH TRIANGLE INSTITUTE (RTI INTERNATIONAL) This First Amendment (“Amendment”) is made to the Agreement entered into the CITY OF MODESTO, this ______ day of ____________, 2024, by and between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “City”) and Research Triangle Institute (RTI International), a North Carolina non-profit corporation, (hereinafter “Consultant”).
RECITALS
This First Amendment to Agreement for Grant Evaluation, Research and Reporting services is made with regard to the following recitals:
1. CITY and CONSULTANT entered into an Agreement for Grant Evaluation, Research and Reporting services on the 13th day of December 2022 (the “Original Agreement”).
2. CITY and CONSULTANT desire to amend the Original Agreement by adding additional services to the “Scope of Service” as Exhibit “C” and adding to the “Compensation” as “Exhibit D”, and is attached to this First Amendment and incorporated herein.
3. CITY and CONSULTANT desire to amend the “Term of Agreement” to increase by eighteen (18) months or until the 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 the Original Agreement.
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2 4. CITY and CONSULTANT desire to amend the Original Agreement by increasing the previously approved amount by $253,884 from $154,955 to a new total amount not to exceed $408,839.
5. CITY and CONSULTANT desire to amend the Original Agreement by expanding the “Performance by Key Employees” section to include employees listed in Exhibit “C”.
NOW, THEREFORE, in consideration of this First Amendment, and the mutual promises, covenants, and stipulations contained in the Original Agreement and this First Amendment to the Original Agreement, the parties agree as follows:
1. Section 1 “Scope of Services”, is deleted and replaced in its entirety as follows:
a. 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” and Exhibit “C” or “project”. The consultant shall perform the services as described in Exhibits “A” and “C” in a manner compatible with the standards of its profession and shall produce a fully complete project that is acceptable to City.
2. Section 2 “Term of Agreement”, is deleted and replaced in its entirety as follows:
a. This AGREEMENT is effective as of the date first written above and will continue in effect until June 12, 2027, or until the 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. b. City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibits “A” and “C”, as of the Effective Date of this agreement. Consultant shall diligently proceed with the preparation of the project #17..
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3 and agrees to complete said preparation within the time period set forth in Exhibits “A” and “C”.
3. Section 3 “Compensation”, is deleted and replaced in its entirety as follows:
a. Consultant agrees to accept a sum not to exceed $408,839 as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibits “A” and “C” and for performance by Consultant of all its duties and obligations under this Agreement.
b. City shall pay Consultant on a time and materials basis for work performed in accordance with Exhibits “A” and “C” to this agreement. All work to be performed under this agreement shall be billed at the rates set forth in Exhibits “B” and “D” attached hereto, Consultant shall submit monthly invoice to City which include detailed tasks, hours worked, and billable rates for all work completed.
4. Section 5 “Performance by Key Employees” of the Original Agreement shall be amended so that Consultant’s employees identified in Exhibit “C” will be primarily responsible for performing the services identified in that exhibit.
5. Except as modified and amended by this FIRST AMENDMENT to the Original Agreement, all other provisions of the Original Agreement shall remain unchanged and full force and effect.
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this First Amendment to the Original Agreement by its City Manager and attestation by its City Clerk under authority of Resolution No. 2024- ____ on the ________ day of #17..
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4 ___________, 2024, and Research Triangle Institute (RTI International) has caused this First Amendment to be duly executed as of the Effective Date. #17..
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Evaluation of The City of Modesto Police Department and Community-Based Partners’ Project
SUCCESS
RTI International Statement of Work and Deliverables
October 26, 2022
RTI International is an independent, nonprofit research institute dedicated to improving the human condition. We combine scientific rigor and technical expertise in social and laboratory sciences, engineering, and international development to deliver solutions to the critical needs of clients worldwide. Headquartered in North Carolina, RTI’s staff of 6,000 have expertise in numerous disciplines including policing, violence prevention, program evaluation, community engagement, racial and community justice. The proposed study will be led by staff from RTI’s Justice Practice Area (JPA), which focuses on strategies to prevent and respond to crime and violence and to seek effective, efficient, and fair solutions for promoting safety in communities.
RTI International’s scope of work will include the following activities and deliverables:
• Evaluation Planning
o RTI will participate in a planning meeting with the entire Project SUCCESS team to discuss RTI’s role on the project and to set up expectations and objectives of individual meetings with each project partner / stakeholder. o RTI will participate in separate planning meetings with each Project SUCCESS partner who will be responsible for implementing project activities and collecting data around the implementation and outcomes of those activities. The goal of these meetings will be to discuss in detail the various programmatic activities each partner will be responsible for implementing, the goals of each of those activities, and the types and format of data (e.g., survey, administrative, qualitative, etc.) they will collect that will facilitate RTI’s evaluation of Project SUCCESS activities on key project outcomes/goals (e.g., reduced violent crime in the target area, improve police-community interactions, reduced school-based mental health-related incidents, reduced recidivism among previously incarcerated individuals, improved perceptions of safety and reduced levels of fear of crime among individuals in the target area, reduced violent crime among juvenile offenders in the target area). An additional goal of these meetings will be to discuss how and when data will be transferred to RTI in a secure and deidentified manner.
From these meetings, RTI will work with the Project SUCCESS team to develop a logic model which will help guide the evaluation. RTI will develop an evaluation plan that will document the evaluation design, data sources, and outcome measures.
DocuSign Envelope ID: 1A0044C3-6BA5-4357-836D-0EE572F8BA4B DocuSign Envelope ID: A905CA26-FF1F-41F3-A41B-1A096ABED15E #17..
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RTI will submit the local evaluation plan to the BSCC on January 3, 2023. o RTI will convene a series (i.e., approximately 3-5) of data transferring, processing, and analysis planning meetings internally among the RTI evaluation team to coordinate the receipt of datasets from each partner, how each dataset will be cleaned and prepared for analysis and develop an analysis plan for each dataset to examine the various impacts of Project SUCCESS outcomes on key project outcomes.
RTI will produce a quality and data management plan to document this information
o RTI will develop a formal data collection and analysis plan that describes the inventory of datasets RTI will receive throughout the life of the project, when each dataset will be transferred by each partner to RTI, the expected types of data cleaning and processing that will be conducted by RTI to prepare each dataset for analysis, the anticipated types of analysis that will be conducted for each dataset, and the types of research questions that will be answered by the analysis of each dataset. The document will also describe RTI’s processes for ensuring all data can be transferred to RTI securely and in deidentified manner, with specific protocols that each partner will follow when transferring datasets to RTI. This document will be sent to the project director at the city of Modesto for their review and approval, and any necessary revisions will be made to the document by RTI until the plan is approved.
o RTI will establish a system (e.g., a secure file transfer protocol) to facilitate the secure transfer of datasets by each project partner to RTI according to the procedures and schedules that were approved by the City of Modesto in the data collection and analysis plan.
• Data Processing
o RTI will review and clean each dataset upon delivery (e.g., encoding, destringing, labeling variables, creating and applying value labels, recoding variables as necessary to identify valid or invalid missing values, combine categories, or create new categories or new variables) to prepare each one for the analysis stage o As necessary, RTI will merge or append datasets with other datasets transferred from the partners to RTI using unique identifiers
DocuSign Envelope ID: 1A0044C3-6BA5-4357-836D-0EE572F8BA4B DocuSign Envelope ID: A905CA26-FF1F-41F3-A41B-1A096ABED15E #17..
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o RTI will run basic descriptive statistics on each dataset variable to ensure all variables have been processed appropriately and prepared for analysis, and conduct any additional processing as needed
• Analysis
o RTI will conduct analysis, as specified in the analysis plan, on each dataset to effectively and efficiently address the project’s core goals and research questions using both descriptive (i.e., summary statistics for key variables including Means, Medians, Standard Deviations, Ranges, etc.) and inferential analysis (e.g., interrupted time-series analysis, regression analysis, latent class analysis, difference in difference models)
o RTI will send results and documentation of methodology to internal statistical and methodological experts at RTI to ensure all data processing and analysis has been conducted with high fidelity and based on those reviews will conduct any additional manipulations or analysis the reviewers deemed appropriate
• Reporting
o RTI will develop a comprehensive final report for the City of Modesto that describes in detail the results of analyses conducted on each dataset and describe what evidence was collected during the analysis stage to address the study’s core research questions and to support various hypotheses corresponding to the project’s research questions. The report will also describe limitations of the analyses and whether future research (e.g., assuming access to different or additional types of data) is necessary to better address one or more research questions
o If requested, RTI will assist with developing a presentation that summarizes the findings of the evaluation
o RTI will assist the City of Modesto with reporting requirements of the grant DocuSign Envelope ID: 1A0044C3-6BA5-4357-836D-0EE572F8BA4B DocuSign Envelope ID: A905CA26-FF1F-41F3-A41B-1A096ABED15E #17..
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Project SUCCESS (Serving and Understanding our
Community with Compassion and Education for Safer
Streets)
Business Proposal
Response to Request for
Proposal (RFP)
October 26, 2022
Submitted By
RTI International
P.O. Box 12194
Research Triangle Park, NC
27709-2194
https://www.rti.org/
RTI Administrative Point of Contact
Virginia Satterthwaite
Office of Contracts
Telephone: (919) 485-7696
Email: [email protected]
RTI Proposal No. 0282201.705
Submitted To
Modesto Police Department
Attn: Kara Davis
600 10th Street
Modesto, CA 95354
Phone: 209-572-9500
Email: [email protected]
DocuSign Envelope ID: 1A0044C3-6BA5-4357-836D-0EE572F8BA4B DocuSign Envelope ID: A905CA26-FF1F-41F3-A41B-1A096ABED15E #17..
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RTI International Proposal
No. 0282201.705
This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of—or in connection with— the submission of these data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government’s right to use information contained in these data if obtained from another source without restriction. The data subject to this restriction are contained in the entire proposal. _________________________________
RTI International is a trade name of Research Triangle Institute.
RTI and the RTI logo are U.S. registered trademarks of Research Triangle Institute.
DocuSign Envelope ID: 1A0044C3-6BA5-4357-836D-0EE572F8BA4B DocuSign Envelope ID: A905CA26-FF1F-41F3-A41B-1A096ABED15E #17..
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October 26, 2022
Kara Davis, Sr. Crime & Intelligence Analyst
Modesto Police Department
600 10th St,
Modesto, California 95354
email: [email protected]
Subject: RTI Proposal in response to Modesto Police Department’s California Violence Intervention and Prevention (CalVIP) grant program entitled, Project SUCCESS (Serving and Understanding our Community with Compassion and Education for Safer Streets).
Dear Ms. Davis,
Research Triangle Institute, under the trade name RTI International (RTI), is pleased to submit our proposal in support of the subject solicitation. RTI proposes to perform the services described herein commencing on or about November 2022, for a period of performance of thirty-six (36) months. RTI’s proposed budget of $154,955 is presented in a Time and Materials format.
If our proposal is accepted, RTI would be pleased to authorize the effort pursuant to a Time and Materials contract subject to mutually agreeable terms and conditions. RTI proposes payment terms of NET 30 days.
RTI appreciates the opportunity to submit this proposal for your consideration, and we look forward to working with you on this project. If you have any questions regarding this proposal, please contact me at (919) 485-7696 or [email protected].
Sincerely,
Virginia R. Satterthwaite
Senior Contracting Officer 0282201.705
DocuSign Envelope ID: 1A0044C3-6BA5-4357-836D-0EE572F8BA4B DocuSign Envelope ID: A905CA26-FF1F-41F3-A41B-1A096ABED15E #17..
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Business Proposal
Table of Contents
RTI Budget Narrative.........................................................................................06 RTI Budget Detail ................................................................................... ……...10 DocuSign Envelope ID: 1A0044C3-6BA5-4357-836D-0EE572F8BA4B DocuSign Envelope ID: A905CA26-FF1F-41F3-A41B-1A096ABED15E #17..
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Budget Narrative
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RTI Budget Narrative
Overview
RTI’s budget for the Evaluation of the SUCCESS Program is presented in Time and Materials format.
The total RTI budget is $154,955. This 36-month budget reflects RTI’s role as the local evaluation partner for the Modesto Police Department for their California Violence Intervention and Prevention (CalVIP) grant program entitled, Project SUCCESS (Serving and Understanding our Community with Compassion and Education for Safer Streets). The purpose of Project SUCCESS is to strengthen police-community relationships, provide services for early intervention, education, and family and mental health services and reduce crime and fear of crime in Southwest Modesto. As local evaluation partner, RTI will evaluate whether the program meets its stated goals, objectives, and outcome measures. The accompanying statement of work and deliverables provides details about key aspects of RTI’s work as the local evaluation partner.
Key Budget Assumptions
The budget estimate is based on the following general assumptions:
Data required for the evaluation will be made available and/or collected by Modesto PD and their partners with RTI doing no primary data collection to support the evaluation. RTI will work with Modesto PD to specify all needed data and sources for these data at the start of the project. RTI will have a heavier level of effort in Year 1 to plan and setup the evaluation and in Year 3 to conduct the analysis and prepare final reports. Year 2 will be minimal effort from the local evaluation perspective as Modesto PD will be collecting data during Year 2 primarily. RTI does not plan to have staff not located in Modesto PD travel to Modesto for site visits.
RTI Labor
RTI's Time & Material labor rates have been deemed fair and reasonable by the federal government.
Labor hours by year for RTI staff are provided below along with descriptions of each staff member’s role.
Budget Exhibit A: Labor Hours
Staff Name Labor Category Yr 1
Hrs
Yr 2
Hrs
Yr 3
Hrs
Total
Hours
Joshua Hendrix Senior Professional 2 146 26 146 318
Carlee Ruiz Professional 2 115 28 143 286
Brian Aagaard Senior Professional 1 10 10 10 30
James Trudeau Principal Professional 15 8 15 38
Nicole Johnson Professional 4 100 20 100 220
TBD Financial Analyst Project Specialist 12 6 12 30
Project Role Descriptions
Dr. Josh Hendrix, Project Director, will overall responsibility for the evaluation design and be the primary point of contact for Modesto PD and other partner organizations. Dr. Hendrix is a research scientist in the RTI International Justice Practice Area. He specializes in school safety and violence prevention, school emergency planning, and victimization. Dr. Hendrix is the principal investigator (PI) Use or disclosure of any information on this page is subject to the restriction in the proprietary statement of this proposal. 6 DocuSign Envelope ID: 1A0044C3-6BA5-4357-836D-0EE572F8BA4B DocuSign Envelope ID: A905CA26-FF1F-41F3-A41B-1A096ABED15E
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of a National Institute of Justice (NIJ) study of student and staff comprehension of school emergency protocols for active shooters and other violent crises. Dr. Hendrix has also served as the lead analyst, project director, or co-PI for many other tasks and projects funded by NIJ and the Bureau of Justice Statistics (BJS) pertaining to school emergency planning and response to violence, school transportation, law enforcement data and technology, sexual assault kit processing, and incident-based crime reporting systems.
Nicole Johnson, MA, Research Analyst, will assist with designing and implementing the evaluation, as well as with data analysis. Ms. Johnson is a public health analyst in RTI’s Policing Research Program and has experience using large-scale criminal data sets and open sources to examine various questions pertaining to crime and justice. Ms. Johnson’s recent work has included using national crime victimization data to examine the potential beneficial and detrimental effects of certain security practices used in U.S. public schools, in addition to using open sources to explore complex decision-making and innovation in a terrorist organization. She is particularly interested in using quantitative methods to explore issues related to crime prevention, place-based criminology, policing, and terrorism.
Carlee Ruiz, MA, Research Analyst, is responsible for data management and analysis. Ms. Ruiz is also a resident of Modesto and will be a primary point of contact between Modesto PD and RTI International.
Carlee is a public health analyst in the RTI’s Policing Research Program, where she works on projects involving national crime databases, evaluating local law enforcement programs, and assisting with data management of opioid epidemic programs. She has 4 years of experience working as a crime analyst with a local law enforcement agency, where her responsibilities included preparing analytical reports, maintaining and evaluating crime and calls for service data, assisting in homicide and high-violence cases, and tracking and assessing policing initiatives and technologies.
Brian Aagaard, MA, Advisor, will provide guidance to the project from the perspective of implementing evaluations in local jurisdictions. Brian is a public health analyst in RTI International’s Policing Research Program, and has worked extensively managing and analyzing data and clearly communicating analytical results to law enforcement partners. Mr. Aagaard has worked with law enforcement at local, county, state, and federal levels. He is particularly interested in the dynamics of law enforcement–community relations and related social issues. He has continued his professional training in geographic information systems, advanced crime analysis techniques, intelligence analysis, analytical investigative techniques, emerging trends in law enforcement, and new areas of social issues.
James Trudeau, PhD, Senior Advisor, Dr. Trudeau is a Chief Scientist in RTI International’s Justice Practice Area. Dr. Trudeau led or co-led three consecutive evaluations of grant programs in the Substance Abuse and Mental Health Services Administration (SAMHSA) portfolio of programs to provide behavioral health and supportive services to people experiencing or at risk of homelessness. He oversees RTI’s portfolio of projects funded under the National Institute of Justice’s (NIJ’s) Comprehensive School Safety Initiative and is a principal investigator or senior advisor on studies of school-based mental health services, interventions to reduce discipline disparities, and bullying and safety on the school bus.
TBD Financial Analyst provides oversight of the budget. This includes supporting the initial setup of the project, providing ongoing financial review and analysis for proper charging and accuracy, forecasting of costs, review of invoices, and preparation of contractually required financial reports. Financials analysts support a portfolio of multiple projects. If client reporting is contractually required, finance prefers to standardize reporting using existing systems for efficiency purposes. RTI is exempt, by name re OMB A-122 and is permitted to operate under “Commercial Cost Principles’. Our Federally approved cost accounting system allows direct charging by project financial analysts.
Use or disclosure of any information on this page is subject to the restriction in the proprietary statement of this proposal. 7 DocuSign Envelope ID: 1A0044C3-6BA5-4357-836D-0EE572F8BA4B DocuSign Envelope ID: A905CA26-FF1F-41F3-A41B-1A096ABED15E #17..
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Labor Rate Escalation
RTI’s Time & Materials labor rates are escalated at 3% each year.
Use or disclosure of any information on this page is subject to the restriction in the proprietary statement of this proposal. 8 DocuSign Envelope ID: 1A0044C3-6BA5-4357-836D-0EE572F8BA4B DocuSign Envelope ID: A905CA26-FF1F-41F3-A41B-1A096ABED15E #17..
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RTI Budget Detail
DocuSign Envelope ID: 1A0044C3-6BA5-4357-836D-0EE572F8BA4B DocuSign Envelope ID: A905CA26-FF1F-41F3-A41B-1A096ABED15E #17..
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Hours Rate Amt Hours Rate Amt Hours Rate Amt Hours Amt
Aagaard, Brian P Senior Professional 1 10.0 168.51 1,685 10.0 173.57 1,736 10.0 178.77 1,788 30.0 5,208 Hendrix, Joshua A Senior Professional 2 146.0 196.45 28,682 26.0 202.34 5,261 146.0 208.41 30,428 318.0 64,371 Nicole Johnson Professional 4 100.0 154.70 15,470 20.0 159.34 3,187 100.0 164.12 16,412 220.0 35,069 Ruiz, Carlee J Professional 2 114.5 113.39 12,983 28.0 116.79 3,270 143.0 120.30 17,202 285.5 33,456 TBD Financial Analyst Project Specialist 12.0 98.90 1,187 6.0 101.87 611 12.0 104.92 1,259 30.0 3,057 Trudeau, James V Principal Professional 15.0 352.29 5,284 8.0 362.86 2,903 15.0 373.74 5,606 38.0 13,793 397.5 65,291 98.0 16,968 426.0 72,696 921.5 154,955
397.5 65,291 98.0 16,968 426.0 72,696 921.5 154,955
Labor
Labor - Total
Overall - Total
RTI International Proprietary
Year 1 Year 2 Year 3
11/2022 - 8/2023 9/2023 - 8/2024 9/2024 - 6/2025 Total
Research Triangle Institute
Proposal T&M Summary
Proposal : 0282201.705
Proposal Name: Modesto PD CalVIP Grant Evaluation Partner Use or disclosure of any information on this page is subject to the restriction in the proprietary statement of this proposal. 10 DocuSign Envelope ID: 1A0044C3-6BA5-4357-836D-0EE572F8BA4B DocuSign Envelope ID: A905CA26-FF1F-41F3-A41B-1A096ABED15E
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Evaluation of The City of Modesto
Police Department’s Retail and
Motor Vehicle Theft Program
Volume 2—Business Proposal
Response to Request
for Proposal (RFP)
January 8, 2024
Submitted To
Modesto Police Department
Attn: Kara Davis
600 10th St.
Modesto, CA 95354
Email: [email protected]
RTI Administrative Point of
Contact
Ashley Wheeler, Contracting Officer
Office of Contracts
Phone: (919) 990-8333
Email: [email protected]
Submitted By
RTI International
3040 East Cornwallis Road, PO Box 12194
Research Triangle Park, NC 27709-2194 USA
www.rti.org
RTI Proposal No. 0282400.376
This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of—or in connection with—the submission of these data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government’s right to use information contained in these data if obtained from another source without restriction. The data subject to this restriction are contained in the entire proposal.
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January 4, 2024
Kara Davis
600 10th St.
Modesto, CA 95354
Email: [email protected]
Subject: Evaluation of The City of Modesto Police Department’s Retail and Motor Vehicle Theft Program
Dear Ms. Davis:
Research Triangle Institute, under the trade name RTI International (RTI), a North Carolina nonprofit corporation, is pleased to submit the subject proposal. RTI proposes to perform these services for a price of $253,884 over a base performance period of forty (40) months commencing on or around February 1, 2024. Enclosed, please find our formal proposal including a statement of work and budget for your review.
If this offer is accepted, RTI would be pleased to authorize this effort pursuant to a Time and Materials contract containing mutually agreeable terms and conditions as well as payment terms of Net 30 days upon receipt of an RTI invoice.
We appreciate the opportunity to submit this proposal for your consideration, and we look forward to working with you on this project. Should you have any questions regarding our proposal, please feel free to contact me directly at (919)990-8333 or via email at [email protected].
Thank you for your consideration.
Sincerely,
Ashley Wheeler
Contracting Officer
[0282400.376]
2 #17..
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Volume 2 – Business Proposal
Budget Summary ...........................................................................................................................4 Budget Detail ..................................................................................................................................8 Budget Narrative ..........................................................................................................................11 Table of Contents
RTI Proprietary and Business Confidential 3
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RTI Budget Summary
RTI Proprietary and Business Confidential 4
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Hours PLC Rate Amt Hours PLC Rate Amt
Burtch, Emily R Professional 3 36.0 153.32 5,520 36.0 160.22 5,768 Cramer, Jacob M Senior Professional 2 100.0 230.22 23,022 100.0 240.58 24,058 Hendrix, Joshua A Senior Professional 2 18.0 230.22 4,144 18.0 240.58 4,330 TBD Editor Senior Professional 1 9.0 197.48 1,777 9.0 206.37 1,857 Ruiz, Carlee J Professional 2 125.0 132.88 16,610 125.0 138.86 17,357 TBD Financial Analyst Project Specialist 9.0 110.11 991 9.0 115.06 1,036 TBD SR Financial Analyst Senior Project Specialist 9.0 165.94 1,493 9.0 173.41 1,561 Wire, Sean E Professional 4 72.0 181.30 13,054 72.0 189.46 13,641 378.0 66,611 378.0 69,608
Direct G&A ODCs Domestic Travel 2,155 2,252
0.0 2,155 0.0 2,252
0.0 2,155 0.0 2,252
378.0 68,766 378.0 71,860
RTI International Proprietary
Proposal Name: Modesto Organized
Retail Theft and Auto Theft Program
Evaluation
Overall - Total
Year 1 Year 2
Labor
Labor - Total
ODCs
Direct G&A ODCs - Total
ODCs - Total
2/2024 - 1/2025 2/2025 - 1/2026
Research Triangle Institute
Proposal T&M Summary
Proposal : 0282400.376
RTI Proprietary and Business Confidential 5
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Burtch, Emily R Professional 3
Cramer, Jacob M Senior Professional 2
Hendrix, Joshua A Senior Professional 2
TBD Editor Senior Professional 1
Ruiz, Carlee J Professional 2
TBD Financial Analyst Project Specialist
TBD SR Financial Analyst Senior Project Specialist
Wire, Sean E Professional 4
Direct G&A ODCs Domestic Travel
RTI International Proprietary
Proposal Name: Modesto Organized
Retail Theft and Auto Theft Program
Evaluation
Overall - Total
Labor
Labor - Total
ODCs
Direct G&A ODCs - Total
ODCs - Total
Research Triangle Institute
Proposal T&M Summary
Proposal : 0282400.376
Hours PLC Rate Amt Hours PLC Rate Amt
36.0 167.43 6,027 20.0 174.96 3,499
100.0 251.41 25,141 50.0 262.72 13,136
18.0 251.41 4,525 9.0 262.72 2,364
9.0 215.65 1,941 9.0 225.36 2,028
125.0 145.11 18,139 60.0 151.64 9,098
9.0 120.24 1,082 4.5 125.65 565
9.0 181.21 1,631 4.5 189.37 852
72.0 197.98 14,255 32.0 206.89 6,621
378.0 72,741 189.0 38,164
2,353 0
0.0 2,353 0.0 0
0.0 2,353 0.0 0
378.0 75,094 189.0 38,164
Year 3 Year 4
2/2026 - 1/2027 2/2027 - 6/2027
RTI Proprietary and Business Confidential 6
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Burtch, Emily R Professional 3
Cramer, Jacob M Senior Professional 2
Hendrix, Joshua A Senior Professional 2
TBD Editor Senior Professional 1
Ruiz, Carlee J Professional 2
TBD Financial Analyst Project Specialist
TBD SR Financial Analyst Senior Project Specialist
Wire, Sean E Professional 4
Direct G&A ODCs Domestic Travel
RTI International Proprietary
Proposal Name: Modesto Organized
Retail Theft and Auto Theft Program
Evaluation
Overall - Total
Labor
Labor - Total
ODCs
Direct G&A ODCs - Total
ODCs - Total
Research Triangle Institute
Proposal T&M Summary
Proposal : 0282400.376
Hours Amt
128.0 20,814
350.0 85,357
63.0 15,364
36.0 7,604
435.0 61,204
31.5 3,674
31.5 5,537
248.0 47,570
1,323.0 247,124
0.0 6,760
0.0 6,760
0.0 6,760
1,323.0 253,884
Total
RTI Proprietary and Business Confidential 7
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RTI Budget Detail
RTI Proprietary and Business Confidential 8
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Qty Amt Qty Amt
339.00 1 339.00 0 0.00
354.00 0 0.00 1 354.00
370.00 0 0.00 0 0.00
1816.00 1 1,816.00 0 0.00
1898.00 0 0.00 1 1,898.00
1983.00 0 0.00 0 0.00
2 2,155.00 2 2,252.00
RTI International Proprietary
0282400.376 Sacramento to Modesto for PD (Drive Per Trip Tucson to Modesto for PI (Flight) Per Trip
Total Domestic Travel
Proposal Description Unit Unit Price
Year 1 Year 2
02/2024 - 01/2025 02/2025 - 01/2026
Research Triangle Institute
Proposal ODC Detail
Proposal : 0282400.376
Proposal Name: Modesto Organized Retail Theft and
Auto Theft Program Evaluation
RTI Proprietary and Business Confidential 9
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339.00
354.00
370.00
1816.00
1898.00
1983.00
RTI International Proprietary
0282400.376 Sacramento to Modesto for PD (Drive Per Trip Tucson to Modesto for PI (Flight) Per Trip
Total Domestic Travel
Proposal Description Unit Unit Price
Research Triangle Institute
Proposal ODC Detail
Proposal : 0282400.376
Proposal Name: Modesto Organized Retail Theft and
Auto Theft Program Evaluation
Qty Amt Qty Amt
0 0.00 1 339.00
0 0.00 1 354.00
1 370.00 1 370.00
0 0.00 1 1,816.00
0 0.00 1 1,898.00
1 1,983.00 1 1,983.00
2 2,353.00 6 6,760.00
Year 3
02/2026 - 01/2027 Total
RTI Proprietary and Business Confidential 10
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Budget Narrative
RTI Proprietary and Business Confidential 11
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Budget Narrative
Overview
RTI International’s budget for the Modesto Organized Retail Theft and Auto Theft Program Evaluation is presented in time and materials format. The total RTI budget is $253,884. This 40-month budget (February 1, 2024, to June 1, 2027) reflects RTI as the local evaluation partner for the Modesto Police Department (MPD) for its Board of State and Community Corrections (BSCC) Organized Retail Theft Prevention Grant Program. The purposes of Modesto’s program are to reduce organized retail theft, auto theft, and auto accessories theft within the target areas in Modesto and to improve relationships and communications with businesses and the community. As local evaluation partner, RTI will evaluate whether the program meets its stated goals, objectives, and outcome measures. The accompanying statement of work provides details about key aspects of RTI’s work as the local evaluation partner.
Key Budget Assumptions
RTI’s budget estimate is based on the following general assumptions:
• Law enforcement data, prosecution data, and retailer shrinkage reports are all data that we anticipate may be required for an effective evaluation. We assume that MPD and affiliated partners will provide the required data. RTI will work with MPD to specify all needed data and sources for these data at the start of the project. • We have budgeted for two staff members to travel to Modesto once a year to meet with retailers, community members, or both.
Direct Labor
Labor Rate Escalation
RTI’s time & materials labor rates escalate at 4.5% each year.
Budget Exhibit A: Labor Hours
Staff Name Labor Category
Yr 1
Hrs
Yr 2
Hrs
Yr 3
Hrs
Yr 4
Hrs
Total
Hours
Dr. Jacob Cramer Senior Professional 2 100 100 100 50 350 Carlee Ruiz Professional 2 125 125 125 60 435
Sean Wire Professional 4 72 72 72 32 248
Emily Burtch Professional 3 36 36 36 20 128
Dr. Josh Hendrix Senior Professional 2 18 18 18 9 63
TBD Financial Analyst Project Specialist 9 9 9 4.5 31.5 TBD Sr. Financial Analyst Senior Project Specialist 9 9 9 4.5 31.5 TBD Editor Senior Professional 1 9 9 9 9 36
Project Role Descriptions
Dr. Jacob Cramer, Principal Investigator, will ensure that the project operates efficiently, meets all expectations for impact and quality, and stays within budget. Dr. Cramer has over 13 years of experience managing large and complex projects. He previously created and led the analytics division for the Tucson Police Department, and he was recognized for his work there with both the International Association of Chiefs of Police (IACP) 40 Under 40 award and the Law Enforcement Advancing Data and Science (LEADS) Fellowship from the National Institute of Justice (NIJ). Dr. Cramer leads the Methodological Research on Measuring Community- and Officer-Initiated Law Enforcement Activity (MACO project) RTI Proprietary and Business Confidential 12
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for the Bureau of Justice Statistics (BJS) and has previously led the Cohort of Cities project as well as numerous other projects around the country.
Carlee Ruiz, Project Director, will oversee day-to-day project activities. Mrs. Ruiz, who was previously a crime and intelligence analyst for MPD, currently manages RTI’s evaluation of MPD’s Project SUCCESS and Arnold Ventures’ Project CLEARS. She works on projects evaluating local law enforcement programs, developing and analyzing national crime databases, and providing technical assistance on data management of opioid epidemic programs. She also oversees the data analysis on projects related to police retention, hiring, and program evaluation.
Sean Wire, Law Enforcement Data Lead, will manage the law enforcement datasets and assist in the collection of other types of data. Mr. Wire has experience using large-scale criminal datasets and open sources to examine various questions pertaining to crime and justice, such as the National Incident-Based Reporting System (NIBRS) datasets for BJS’s National Crime Statistics Exchange Project. He is the lead analyst on the BJS MACO project, where he collects and analyzes police computer-aided dispatch data from up to 25 police departments. Previously, Mr. Wire supported the Center for Evidence-Based Crime Policy at George Mason University as a graduate researcher.
Emily Burtch, Prosecution Data Lead, will manage the prosecution datasets. Ms. Burtch has expertise in court systems research, where she regularly provides technical support such as data dashboard development across projects. Recent projects involve researching protections of the Sixth Amendment to the U.S. Constitution and delivering training and technical assistance on evaluation and sustainability for Second Chance Act grantees (re-entry from incarceration).
Dr. Josh Hendrix, Advisor, will provide guidance on BSCC requirements and Modesto partners.
Dr. Hendrix is the project director for the evaluation of the BSCC CalVIP grant Project SUCCESS with MPD. He has been the lead analyst, project director, or co–principal investigator for many other tasks and projects funded by NIJ and BJS pertaining to law enforcement data and technology and to incident-based crime reporting systems.
TBD Financial Analyst and TBD Senior Financial Analyst will oversee the budget. This task includes supporting the initial setup of the project, providing ongoing financial review and analysis for proper charging and accuracy, forecasting costs, reviewing invoices, and preparing contractually required financial reports. Financial analysts support a portfolio of multiple projects.
TBD Editor will be assigned to edit deliverables to ensure that professionalism and accuracy are maintained throughout the project.
Other Direct Costs (ODCs)
RTI has applied a 4.5% escalation, compounded annually, to all ODCs below as a realistic projection of future costs. This amount is informed by current inflation rates and assumes ongoing project efficiencies.
Travel Expenses
Purpose of Trip Year From To
Trips
per
Staff
Total
Staff
Days
per Trip
Cost per
Person
per Trip
Project Director: Trip to
Modesto, CA (Drive)
1 Sacramento,
CA
Modesto,
CA
1 1 3 $339
2 1 1 3 $354
3 1 1 3 $370
Principal Investigator:
Trip to Modesto, CA
(Flight)
1 Tucson, AZ Modesto,
CA
1 1 3 $1,816
2 1 1 3 $1,898
3 1 1 3 $1,983
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Travel is included in Years 1–3 for the Principal Investigator and Project Director to meet with the police department and to attend a retailer or community meeting once during each year of the grant. In addition to the regular virtual meetings, this travel will provide opportunity to engage with command and project staff more directly and to meet with retailers or community members affected by this work. These trips will be developed in consultation with the MPD.
All airfare quotes are obtained through the Bureau of Transportation Statistics website. RTI includes a $25 ticketing fee with all domestic airfare costs. Per diem meals are based on the 2023 GSA domestic travel guidelines. A local tax estimate of 15% is added to the lodging rate for each destination found in the guidelines. For flights, a parking fee of $20/day is budgeted for each traveler to park a personal vehicle at the departing airport, and a fee of $35/trip for each traveler is included for a checked bag.
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Evaluation of The City of Modesto Police Department and Community-Based Partners’ Project
SUCCESS
RTI International Statement of Work and Deliverables
October 26, 2022
RTI International is an independent, nonprofit research institute dedicated to improving the human condition. We combine scientific rigor and technical expertise in social and laboratory sciences, engineering, and international development to deliver solutions to the critical needs of clients worldwide. Headquartered in North Carolina, RTI’s staff of 6,000 have expertise in numerous disciplines including policing, violence prevention, program evaluation, community engagement, racial and community justice. The proposed study will be led by staff from RTI’s Justice Practice Area (JPA), which focuses on strategies to prevent and respond to crime and violence and to seek effective, efficient, and fair solutions for promoting safety in communities.
RTI International’s scope of work will include the following activities and deliverables:
• Evaluation Planning
o RTI will participate in a planning meeting with the entire Project SUCCESS team to discuss RTI’s role on the project and to set up expectations and objectives of individual meetings with each project partner / stakeholder. o RTI will participate in separate planning meetings with each Project SUCCESS partner who will be responsible for implementing project activities and collecting data around the implementation and outcomes of those activities. The goal of these meetings will be to discuss in detail the various programmatic activities each partner will be responsible for implementing, the goals of each of those activities, and the types and format of data (e.g., survey, administrative, qualitative, etc.) they will collect that will facilitate RTI’s evaluation of Project SUCCESS activities on key project outcomes/goals (e.g., reduced violent crime in the target area, improve police-community interactions, reduced school-based mental health-related incidents, reduced recidivism among previously incarcerated individuals, improved perceptions of safety and reduced levels of fear of crime among individuals in the target area, reduced violent crime among juvenile offenders in the target area). An additional goal of these meetings will be to discuss how and when data will be transferred to RTI in a secure and deidentified manner.
From these meetings, RTI will work with the Project SUCCESS team to develop a logic model which will help guide the evaluation. RTI will develop an evaluation plan that will document the evaluation design, data sources, and outcome measures.
DocuSign Envelope ID: 1A0044C3-6BA5-4357-836D-0EE572F8BA4B DocuSign Envelope ID: A905CA26-FF1F-41F3-A41B-1A096ABED15E #17..
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RTI will submit the local evaluation plan to the BSCC on January 3, 2023. o RTI will convene a series (i.e., approximately 3-5) of data transferring, processing, and analysis planning meetings internally among the RTI evaluation team to coordinate the receipt of datasets from each partner, how each dataset will be cleaned and prepared for analysis and develop an analysis plan for each dataset to examine the various impacts of Project SUCCESS outcomes on key project outcomes.
RTI will produce a quality and data management plan to document this information
o RTI will develop a formal data collection and analysis plan that describes the inventory of datasets RTI will receive throughout the life of the project, when each dataset will be transferred by each partner to RTI, the expected types of data cleaning and processing that will be conducted by RTI to prepare each dataset for analysis, the anticipated types of analysis that will be conducted for each dataset, and the types of research questions that will be answered by the analysis of each dataset. The document will also describe RTI’s processes for ensuring all data can be transferred to RTI securely and in deidentified manner, with specific protocols that each partner will follow when transferring datasets to RTI. This document will be sent to the project director at the city of Modesto for their review and approval, and any necessary revisions will be made to the document by RTI until the plan is approved.
o RTI will establish a system (e.g., a secure file transfer protocol) to facilitate the secure transfer of datasets by each project partner to RTI according to the procedures and schedules that were approved by the City of Modesto in the data collection and analysis plan.
• Data Processing
o RTI will review and clean each dataset upon delivery (e.g., encoding, destringing, labeling variables, creating and applying value labels, recoding variables as necessary to identify valid or invalid missing values, combine categories, or create new categories or new variables) to prepare each one for the analysis stage o As necessary, RTI will merge or append datasets with other datasets transferred from the partners to RTI using unique identifiers
DocuSign Envelope ID: 1A0044C3-6BA5-4357-836D-0EE572F8BA4B DocuSign Envelope ID: A905CA26-FF1F-41F3-A41B-1A096ABED15E #17..
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o RTI will run basic descriptive statistics on each dataset variable to ensure all variables have been processed appropriately and prepared for analysis, and conduct any additional processing as needed
• Analysis
o RTI will conduct analysis, as specified in the analysis plan, on each dataset to effectively and efficiently address the project’s core goals and research questions using both descriptive (i.e., summary statistics for key variables including Means, Medians, Standard Deviations, Ranges, etc.) and inferential analysis (e.g., interrupted time-series analysis, regression analysis, latent class analysis, difference in difference models)
o RTI will send results and documentation of methodology to internal statistical and methodological experts at RTI to ensure all data processing and analysis has been conducted with high fidelity and based on those reviews will conduct any additional manipulations or analysis the reviewers deemed appropriate
• Reporting
o RTI will develop a comprehensive final report for the City of Modesto that describes in detail the results of analyses conducted on each dataset and describe what evidence was collected during the analysis stage to address the study’s core research questions and to support various hypotheses corresponding to the project’s research questions. The report will also describe limitations of the analyses and whether future research (e.g., assuming access to different or additional types of data) is necessary to better address one or more research questions
o If requested, RTI will assist with developing a presentation that summarizes the findings of the evaluation
o RTI will assist the City of Modesto with reporting requirements of the grant DocuSign Envelope ID: 1A0044C3-6BA5-4357-836D-0EE572F8BA4B DocuSign Envelope ID: A905CA26-FF1F-41F3-A41B-1A096ABED15E #17..
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Project SUCCESS (Serving and Understanding our
Community with Compassion and Education for Safer
Streets)
Business Proposal
Response to Request for
Proposal (RFP)
October 26, 2022
Submitted By
RTI International
P.O. Box 12194
Research Triangle Park, NC
27709-2194
https://www.rti.org/
RTI Administrative Point of Contact
Virginia Satterthwaite
Office of Contracts
Telephone: (919) 485-7696
Email: [email protected]
RTI Proposal No. 0282201.705
Submitted To
Modesto Police Department
Attn: Kara Davis
600 10th Street
Modesto, CA 95354
Phone: 209-572-9500
Email: [email protected]
DocuSign Envelope ID: 1A0044C3-6BA5-4357-836D-0EE572F8BA4B DocuSign Envelope ID: A905CA26-FF1F-41F3-A41B-1A096ABED15E #17..
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RTI International Proposal
No. 0282201.705
This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of—or in connection with— the submission of these data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government’s right to use information contained in these data if obtained from another source without restriction. The data subject to this restriction are contained in the entire proposal. _________________________________
RTI International is a trade name of Research Triangle Institute.
RTI and the RTI logo are U.S. registered trademarks of Research Triangle Institute.
DocuSign Envelope ID: 1A0044C3-6BA5-4357-836D-0EE572F8BA4B DocuSign Envelope ID: A905CA26-FF1F-41F3-A41B-1A096ABED15E #17..
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October 26, 2022
Kara Davis, Sr. Crime & Intelligence Analyst
Modesto Police Department
600 10th St,
Modesto, California 95354
email: [email protected]
Subject: RTI Proposal in response to Modesto Police Department’s California Violence Intervention and Prevention (CalVIP) grant program entitled, Project SUCCESS (Serving and Understanding our Community with Compassion and Education for Safer Streets).
Dear Ms. Davis,
Research Triangle Institute, under the trade name RTI International (RTI), is pleased to submit our proposal in support of the subject solicitation. RTI proposes to perform the services described herein commencing on or about November 2022, for a period of performance of thirty-six (36) months. RTI’s proposed budget of $154,955 is presented in a Time and Materials format.
If our proposal is accepted, RTI would be pleased to authorize the effort pursuant to a Time and Materials contract subject to mutually agreeable terms and conditions. RTI proposes payment terms of NET 30 days.
RTI appreciates the opportunity to submit this proposal for your consideration, and we look forward to working with you on this project. If you have any questions regarding this proposal, please contact me at (919) 485-7696 or [email protected].
Sincerely,
Virginia R. Satterthwaite
Senior Contracting Officer 0282201.705
DocuSign Envelope ID: 1A0044C3-6BA5-4357-836D-0EE572F8BA4B DocuSign Envelope ID: A905CA26-FF1F-41F3-A41B-1A096ABED15E #17..
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Business Proposal
Table of Contents
RTI Budget Narrative.........................................................................................06 RTI Budget Detail ................................................................................... ……...10 DocuSign Envelope ID: 1A0044C3-6BA5-4357-836D-0EE572F8BA4B DocuSign Envelope ID: A905CA26-FF1F-41F3-A41B-1A096ABED15E #17..
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Budget Narrative
DocuSign Envelope ID: 1A0044C3-6BA5-4357-836D-0EE572F8BA4B DocuSign Envelope ID: A905CA26-FF1F-41F3-A41B-1A096ABED15E #17..
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RTI Budget Narrative
Overview
RTI’s budget for the Evaluation of the SUCCESS Program is presented in Time and Materials format.
The total RTI budget is $154,955. This 36-month budget reflects RTI’s role as the local evaluation partner for the Modesto Police Department for their California Violence Intervention and Prevention (CalVIP) grant program entitled, Project SUCCESS (Serving and Understanding our Community with Compassion and Education for Safer Streets). The purpose of Project SUCCESS is to strengthen police-community relationships, provide services for early intervention, education, and family and mental health services and reduce crime and fear of crime in Southwest Modesto. As local evaluation partner, RTI will evaluate whether the program meets its stated goals, objectives, and outcome measures. The accompanying statement of work and deliverables provides details about key aspects of RTI’s work as the local evaluation partner.
Key Budget Assumptions
The budget estimate is based on the following general assumptions:
Data required for the evaluation will be made available and/or collected by Modesto PD and their partners with RTI doing no primary data collection to support the evaluation. RTI will work with Modesto PD to specify all needed data and sources for these data at the start of the project. RTI will have a heavier level of effort in Year 1 to plan and setup the evaluation and in Year 3 to conduct the analysis and prepare final reports. Year 2 will be minimal effort from the local evaluation perspective as Modesto PD will be collecting data during Year 2 primarily. RTI does not plan to have staff not located in Modesto PD travel to Modesto for site visits.
RTI Labor
RTI's Time & Material labor rates have been deemed fair and reasonable by the federal government.
Labor hours by year for RTI staff are provided below along with descriptions of each staff member’s role.
Budget Exhibit A: Labor Hours
Staff Name Labor Category Yr 1
Hrs
Yr 2
Hrs
Yr 3
Hrs
Total
Hours
Joshua Hendrix Senior Professional 2 146 26 146 318
Carlee Ruiz Professional 2 115 28 143 286
Brian Aagaard Senior Professional 1 10 10 10 30
James Trudeau Principal Professional 15 8 15 38
Nicole Johnson Professional 4 100 20 100 220
TBD Financial Analyst Project Specialist 12 6 12 30
Project Role Descriptions
Dr. Josh Hendrix, Project Director, will overall responsibility for the evaluation design and be the primary point of contact for Modesto PD and other partner organizations. Dr. Hendrix is a research scientist in the RTI International Justice Practice Area. He specializes in school safety and violence prevention, school emergency planning, and victimization. Dr. Hendrix is the principal investigator (PI) Use or disclosure of any information on this page is subject to the restriction in the proprietary statement of this proposal. 6 DocuSign Envelope ID: 1A0044C3-6BA5-4357-836D-0EE572F8BA4B DocuSign Envelope ID: A905CA26-FF1F-41F3-A41B-1A096ABED15E
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of a National Institute of Justice (NIJ) study of student and staff comprehension of school emergency protocols for active shooters and other violent crises. Dr. Hendrix has also served as the lead analyst, project director, or co-PI for many other tasks and projects funded by NIJ and the Bureau of Justice Statistics (BJS) pertaining to school emergency planning and response to violence, school transportation, law enforcement data and technology, sexual assault kit processing, and incident-based crime reporting systems.
Nicole Johnson, MA, Research Analyst, will assist with designing and implementing the evaluation, as well as with data analysis. Ms. Johnson is a public health analyst in RTI’s Policing Research Program and has experience using large-scale criminal data sets and open sources to examine various questions pertaining to crime and justice. Ms. Johnson’s recent work has included using national crime victimization data to examine the potential beneficial and detrimental effects of certain security practices used in U.S. public schools, in addition to using open sources to explore complex decision-making and innovation in a terrorist organization. She is particularly interested in using quantitative methods to explore issues related to crime prevention, place-based criminology, policing, and terrorism.
Carlee Ruiz, MA, Research Analyst, is responsible for data management and analysis. Ms. Ruiz is also a resident of Modesto and will be a primary point of contact between Modesto PD and RTI International.
Carlee is a public health analyst in the RTI’s Policing Research Program, where she works on projects involving national crime databases, evaluating local law enforcement programs, and assisting with data management of opioid epidemic programs. She has 4 years of experience working as a crime analyst with a local law enforcement agency, where her responsibilities included preparing analytical reports, maintaining and evaluating crime and calls for service data, assisting in homicide and high-violence cases, and tracking and assessing policing initiatives and technologies.
Brian Aagaard, MA, Advisor, will provide guidance to the project from the perspective of implementing evaluations in local jurisdictions. Brian is a public health analyst in RTI International’s Policing Research Program, and has worked extensively managing and analyzing data and clearly communicating analytical results to law enforcement partners. Mr. Aagaard has worked with law enforcement at local, county, state, and federal levels. He is particularly interested in the dynamics of law enforcement–community relations and related social issues. He has continued his professional training in geographic information systems, advanced crime analysis techniques, intelligence analysis, analytical investigative techniques, emerging trends in law enforcement, and new areas of social issues.
James Trudeau, PhD, Senior Advisor, Dr. Trudeau is a Chief Scientist in RTI International’s Justice Practice Area. Dr. Trudeau led or co-led three consecutive evaluations of grant programs in the Substance Abuse and Mental Health Services Administration (SAMHSA) portfolio of programs to provide behavioral health and supportive services to people experiencing or at risk of homelessness. He oversees RTI’s portfolio of projects funded under the National Institute of Justice’s (NIJ’s) Comprehensive School Safety Initiative and is a principal investigator or senior advisor on studies of school-based mental health services, interventions to reduce discipline disparities, and bullying and safety on the school bus.
TBD Financial Analyst provides oversight of the budget. This includes supporting the initial setup of the project, providing ongoing financial review and analysis for proper charging and accuracy, forecasting of costs, review of invoices, and preparation of contractually required financial reports. Financials analysts support a portfolio of multiple projects. If client reporting is contractually required, finance prefers to standardize reporting using existing systems for efficiency purposes. RTI is exempt, by name re OMB A-122 and is permitted to operate under “Commercial Cost Principles’. Our Federally approved cost accounting system allows direct charging by project financial analysts.
Use or disclosure of any information on this page is subject to the restriction in the proprietary statement of this proposal. 7 DocuSign Envelope ID: 1A0044C3-6BA5-4357-836D-0EE572F8BA4B DocuSign Envelope ID: A905CA26-FF1F-41F3-A41B-1A096ABED15E #17..
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Labor Rate Escalation
RTI’s Time & Materials labor rates are escalated at 3% each year.
Use or disclosure of any information on this page is subject to the restriction in the proprietary statement of this proposal. 8 DocuSign Envelope ID: 1A0044C3-6BA5-4357-836D-0EE572F8BA4B DocuSign Envelope ID: A905CA26-FF1F-41F3-A41B-1A096ABED15E #17..
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RTI Budget Detail
DocuSign Envelope ID: 1A0044C3-6BA5-4357-836D-0EE572F8BA4B DocuSign Envelope ID: A905CA26-FF1F-41F3-A41B-1A096ABED15E #17..
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Hours Rate Amt Hours Rate Amt Hours Rate Amt Hours Amt
Aagaard, Brian P Senior Professional 1 10.0 168.51 1,685 10.0 173.57 1,736 10.0 178.77 1,788 30.0 5,208 Hendrix, Joshua A Senior Professional 2 146.0 196.45 28,682 26.0 202.34 5,261 146.0 208.41 30,428 318.0 64,371 Nicole Johnson Professional 4 100.0 154.70 15,470 20.0 159.34 3,187 100.0 164.12 16,412 220.0 35,069 Ruiz, Carlee J Professional 2 114.5 113.39 12,983 28.0 116.79 3,270 143.0 120.30 17,202 285.5 33,456 TBD Financial Analyst Project Specialist 12.0 98.90 1,187 6.0 101.87 611 12.0 104.92 1,259 30.0 3,057 Trudeau, James V Principal Professional 15.0 352.29 5,284 8.0 362.86 2,903 15.0 373.74 5,606 38.0 13,793 397.5 65,291 98.0 16,968 426.0 72,696 921.5 154,955
397.5 65,291 98.0 16,968 426.0 72,696 921.5 154,955
Labor
Labor - Total
Overall - Total
RTI International Proprietary
Year 1 Year 2 Year 3
11/2022 - 8/2023 9/2023 - 8/2024 9/2024 - 6/2025 Total
Research Triangle Institute
Proposal T&M Summary
Proposal : 0282201.705
Proposal Name: Modesto PD CalVIP Grant Evaluation Partner Use or disclosure of any information on this page is subject to the restriction in the proprietary statement of this proposal. 10 DocuSign Envelope ID: 1A0044C3-6BA5-4357-836D-0EE572F8BA4B DocuSign Envelope ID: A905CA26-FF1F-41F3-A41B-1A096ABED15E
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ORT Grant Evalua�on Services Scope of Work:
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Local Evaluation Plan
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Local Evaluation Report
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Statewide Evaluation
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Bid Waiver for RTI Contract Amendment
Final Audit Report 2024-02-06
Created: 2024-02-06
By: Juana Lynch ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAALqbC9NxsEpw78c396wZz_hYGlMnD2epG "Bid Waiver for RTI Contract Amendment" History
Document created by Juana Lynch ([email protected]) 2024-02-06 - 1:08:46 AM GMT
Document emailed to [email protected] for signature 2024-02-06 - 1:10:03 AM GMT
Email viewed by [email protected]
2024-02-06 - 6:14:14 PM GMT
Signer [email protected] entered name at signing as Carol Wattle 2024-02-06 - 6:14:52 PM GMT
Document e-signed by Carol Wattle ([email protected]) Signature Date: 2024-02-06 - 6:14:54 PM GMT - Time Source: server Document emailed to DeAnna Christensen ([email protected]) for signature 2024-02-06 - 6:14:57 PM GMT
Email viewed by DeAnna Christensen ([email protected]) 2024-02-06 - 6:54:18 PM GMT
Document e-signed by DeAnna Christensen ([email protected]) Signature Date: 2024-02-06 - 9:02:42 PM GMT - Time Source: server Agreement completed. 2024-02-06 - 9:02:42 PM GMT
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
February 27, 2024
Date: January 25, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods SUBJECT: Third Amendment with PerfectMind for Recreation and Facility Management Software
CONTACT: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods, [email protected], 209-577-5347
DESCRIPTION:
Consider approving the Third Amendment with PerfectMind for the Use and Maintenance of the Recreation and Facility Management Software to a revised total amount of $205,560 and extending the term of the Agreement from January 26, 2024, to January 26, 2029. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:
The recommended action supports the City’s 2020-2025 Strategic Plan Initiatives: build and promote a recognizable and desirable identity for the City of Modesto.
BACKGROUND:
The City of Modesto’s Parks, Recreation and Neighborhoods Department (PRND) offers a wide variety of recreational programming and use of its parks and facilities to the community. Each year, staff register thousands in recreation courses and make nearly 1,500 reservations for parks and recreation facilities each year. Recreation courses enhance each participant’s quality of life, and the facility and park reservations create a positive impact in our neighborhoods.
In 2001, PRND upgraded an aging recreation support system with a then state-of-the-art recreation management solution called CLASS. Staff used the software to register 64,433 participants in recreation courses and made 160,537 bookings in recreation facilities, receiving more than $9.3 million in revenue from 2001 through 2017. CLASS required participants to call or go to the PRN customer service desk to complete registrations and rentals. In 2017, CLASS was discontinued and no longer provided maintenance or technical support to its customers.
In 2017, by Resolution No. 2017-243, Council approved and awarded the Recreation and Facility Management Software agreement to PerfectMind. The five-year maintenance contract, through June 26, 2022, was an amount not to exceed $100,210 including an additional cost for hardware upgrades and software integration costs in the amount of $22,758 for an overall total #18..
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City Council, February 27, 2024
Third Amendment with PerfectMind for Recreation and Facility Management Software
cost of $122,968. The PerfectMind software has numerous features that have streamlined reservation and registration processes including a user friendly and intuitive interface, compatibility with City finance software, and extractable data with customizable reports. Staff build courses directly into the software and manage registration, occupancy, and participant communications.
In 2018, the City Manager approved the first amendment to the PerfectMind Agreement extending the term an additional 6 months to January 26, 2023, and reducing the overall cost to $96,210. In 2022, by Resolution No. 2022-256, Council approved the payment of hardware and software maintenance support agreements for fiscal year 2022-2023, authorizing the City Manager to approve the second amendment to the PerfectMind Agreement extending the term one additional year to January 26, 2024, and increasing the agreement amount $16,550 with an updated overall cost of $112,760.
DISCUSSION:
Staff use the current PerfectMind recreation course registration and facility management software system for its recreational program registrations and park and facility reservations.
PerfectMind is utilized by the PRND at the PRND customer service desk, recreation facilities and the City website for reservations and registration on a daily basis. Since its inception, PerfectMind has been used to register over 15,000 recreation program participants, 150,000 member visits, and 10,000 rental contracts.
Staff reviewed the efficiency and interface of the PerfectMind system and have determined that it meets the department needs for park, recreation and facility administrative services, course development services, and instructional/training/troubleshooting support. Upcoming features of online facility rentals and insurance approvals are under development. These capabilities will streamline the reservation process and reduce staff time required for reservations.
This amendment will extend the term of the agreement for two years, with three one-year options for extension. During this amendment period, staff will continue to evaluate the effectiveness of the PerfectMind Software and submit a Request for Proposal with ample time for review, selection and implementation should a new software be selected.
Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, to increase efficiency and avoid delays or disruptions to City projects or services. The renewal terms in the original agreement limits pricing increases to a maximum of 30% for subsequent extensions resulting in significant cost savings.
FISCAL IMPACT:
The anticipated cost of $92,800 will be absorbed within the current and subsequent PRND General Fund operating budgets.
Third Amendment Breakdown Price
Year 7: January 27, 2024 – January 26, 2025 $16,550
Year 8: January 27, 2025 – January 26, 2026 $16,550
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City Council, February 27, 2024
Third Amendment with PerfectMind for Recreation and Facility Management Software
Year 9: January 27, 2026 – January 26, 2027* $19,900
Year 10: January 27, 2027 – January 26, 2028* $19,900
Year 11: January 27, 2028 – January 26, 2029* $19,900
Total $92,800
* Optional extensions
Agreement Summary Price
Initial Agreement: June 27, 2018 – June 26, 2022 $100,210 First Amendment: June 27, 2022 – January 26, 2023** ($4,000) Second Amendment: January 27, 2023 – January 26, 2024 $16,550 Third Amendment: January 27, 2024 – January 26, 2029 $92,800 Overall Total: $205,560
** First Amendment reduced contract amount
COMMITTEE RECOMMENDATION:
This item was reviewed by the Safety and Communities Committee on January 22, 2024, and the Committee recommended forwarding the item to Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Third Amendment with PerfectMind for the Use and Maintenance of the Recreation and Facility Management Software to a revised total amount of $205,560 and extending the term of the Agreement from January 26, 2024, to January 26, 2029; and authorizing the City Manager, or his designee, to execute the Amendment.
Approved by:
Jeremy Rogers, Parks, Recreation and
Neighborhoods Director
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Third Amendment
3. Second Amendment
4. First Amendment
5. Original Agreement
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02/27/24/PRN/JRogers/Item XX 1 2024-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING THE THIRD AMENDMENT WITH
PERFECTMIND FOR THE USE AND MAINTENANCE OF THE RECREATION
AND FACILITY MANAGEMENT SOFTWARE TO A REVISED TOTAL
AMOUNT OF $205,506 AND EXTENDING THE TERM OF THE AGREEMENT FROM JANUARY 26, 2024, TO JANUARY 26, 2029; AND AUTHORIZING THE
CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AMENDMENT WHEREAS, the City of Modesto’s Parks, Recreation and Neighborhoods Department (PRND) offers a wide variety of recreational programming and use of its parks and facilities to the community through recreation and facility management software; and
WHEREAS, in 2017, by Resolution No. 2017-243, Council approved and awarded the Recreation and Facility Management Software agreement to PerfectMind; and
WHEREAS, in 2018, the City Manager approved the first amendment to the PerfectMind Agreement extending the term an additional 6 months to January 26, 2023, and reducing the overall cost to $96,210; and
WHEREAS, in 2022, by Resolution No. 2022-256, Council approved the payment of hardware and software maintenance support agreements for fiscal year 2022- 2023, authorizing the City Manager to approve the second amendment to the PerfectMind Agreement extending the term one additional year to January 26, 2024, and increasing the agreement amount $16,550 with an updated overall cost of $112,760; and WHEREAS, staff reviewed the efficiency and interface of the PerfectMind system and have determined that it meets the department needs for park, recreation and facility administrative services, course development services, and instructional, training, #18..
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02/27/24/PRN/JRogers/Item XX 2 2024-XX
and troubleshooting support; and
WHEREAS, this third amendment will extend the term of the agreement for two years, with three one-year options for extension, bringing the total agreement cost to $205,560.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Third Amendment with PerfectMind for the use and maintenance of the recreation and facility management software to a revised total amount of $205,560 and extending the term of the Agreement from January 26, 2024, to January 26, 2029.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Agreement, in a form approved by the City Attorney. #18..
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02/27/24/PRN/JRogers/Item XX 3 2024-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 27th day of February 2024, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following votes:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ________________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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THIRD AMENDMENT
B E T W E E N:
PERFECTMIND INC. (DBA XPLOR RECREATION)
(“PerfectMind”)
– and –
CITY OF MODESTO
(the “Customer”)
WHEREAS:
A. The Customer and PerfectMind entered into an agreement dated June 27, 2017 (the “Original Agreement”) for the provision of PerfectMind Software as a Service; and Amendment #1 to Agreement between City and PerfectMind for Recreation Course Registration and Facility Management Software dated July 04, 2018; and entered into an extension agreement (the “Extended Term”) dated January 26, 2023, together, the “Original Agreement”.
B. The parties hereby agree to extend the term of the Original Agreement in accordance with the terms set out herein the “Third Amendment”.
NOW THEREFORE, in consideration of the mutual covenants contained in this Extension Agreement and other consideration (the receipt and sufficiency of which are acknowledged), the parties agree as follows:
1. Definitions
1.1. Any capitalized term not expressly defined in this Third Amendment shall have the meaning ascribed to it in the Original Agreement.
2. Extension
The Original Agreement will expire on January 26, 2024 (“Original Term”). Except to the extent otherwise provided in this Third Amendment, the Original Agreement will be extended on the same terms and conditions for an additional two (2) year period (such period, the “Extended Term” and together with the Original Term, the “Term”), which will begin immediately on the expiry of the Original Term. At the expiration of the Extended Term, the Term will be automatically renewed for an additional one (1) year period (“Additional Term”), up to three (3) successive one year periods unless a party provides written notice to the other party of the first party’s intention not to renew, at least ninety days before the expiry of the then-current Term.
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2 3. Fees
The Platform use fee during the Extended Term will be as set out in the payment schedule attached hereto in Exhibit A, payable by Customer in advance at the beginning of each 12- month period. The Platform use fee payable by Customer during any Additional Term will be the same as the fees for the last year during the prior term unless PerfectMind has given Customer written notice of a pricing change at least 90 days before the end of such prior term, in which case the new fee will be effective upon renewal and thereafter.
4. Conflict
The provision of this Third Amendment shall form part of the Original Agreement. Except to the extent otherwise amended in this Third Amendment, all other terms and conditions of the Original Agreement shall remain the same, provided that in the event of a conflict between the provisions of this Third Amendment and those of the balance of the Original Agreement, the terms and provisions of this Third Amendment shall supersede those provisions of the balance of the Original Agreement with which they conflict.
TO WITNESS THEIR AGREEMENT, the parties have duly executed this Third Amendment as of the date first above written.
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3 EXHIBIT A
Extended Term
Year Seven (January 27, 2024 to January 26, 2025): $16,550 Year Eight (January 27, 2025 to January 26, 2026): $16,550 Additional Successive One (1) Year Term
Year Nine (January 27, 2026 to January 26, 2027): $19,900 Year Ten (January 27, 2027 to January 26, 2028): $19,900 Year Eleven (January 27, 2028 to January 26, 2029): $19,900 5486812.1
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Xplor Technologies - CONFIDENTIAL
CONTRACT EXTENSION AGREEMENT
B E T W E E N:
PERFECTMIND INC.
(“PerfectMind”)
– and –
CITY OF MODESTO
(the “Customer”)
WHEREAS:
A. The Customer and PerfectMind entered into an agreement dated June 27, 2017 (the “Original Agreement”) for the provision of PerfectMind Software as a Service; and Amendment #1 to Agreement between City and PerfectMind for Recreation Course Registration and Facility Management Software dated July 04, 2018, together, the “Original Agreement”.
B. The parties hereby agree to extend the term of the Original Agreement in accordance with the terms set out herein (the “Extension Agreement”).
NOW THEREFORE, in consideration of the mutual covenants contained in this Extension Agreement and other consideration (the receipt and sufficiency of which are acknowledged), the parties agree as follows:
1. Definitions
1.1. Any capitalized term not expressly defined in this Extension Agreement shall have the meaning ascribed to it in the Original Agreement.
2. Extension
The Original Agreement will expire on January 26, 2023 (“Original Term”). Except to the extent otherwise provided in this Extension Agreement, the Original Agreement will be extended on the same terms and conditions for an additional one (1) year period (such period, the “Extended Term” and together with the Original Term, the “Term”), which will begin immediately on the expiration of the Original Term, unless a party provides thirty (30) days written notice to the other party of the first party’s intention to terminate the Original Agreement or Additional Term, and at least thirty (30) days before the expiry of the thencurrent Term.
3. Fees
The Platform use fee during the Extended Term will be as set out in the payment schedule attached hereto in Exhibit A, payable by Customer in advance at the beginning of the 12-month #18..
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Xplor Technologies - CONFIDENTIAL
period. The Platform use fee payable by Customer during any Additional Term will be the same as the fees for the last year during the prior term unless PerfectMind has given Customer written notice of a pricing change at least ninety (90) days before the end of such prior term, in which case the new fee will be effective upon renewal and thereafter
4. Conflict
The provision of this Extension Agreement shall form part of the Original Agreement. Except to the extent otherwise amended in this Extension Agreement, all other terms and conditions of the Original Agreement shall remain the same, provided that in the event of a conflict between the provisions of this Extension Agreement and those of the balance of the Original Agreement, the terms and provisions of this Extension Agreement shall supersede those provisions of the balance of the Original Agreement with which they conflict.
TO WITNESS THEIR AGREEMENT, the parties have duly executed this Extension Agreement as of the date first above written.
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Xplor Technologies - CONFIDENTIAL
2 EXHIBIT A Extended Term
Year Six (January 27, 2023 to January 26, 2024): $16,550 #18..
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CITY OF MODESTO,
a municipal corporation
___________________________________
BY: _________________________
JOSEPH P. LOPEZ, City Manager BY:________________________________ BY:________________________________
ATTEST: Name Title
(SEAL)
BY:________________________ (SEAL)
DIANE NAYARES_PEREZ, CMC,
City Clerk
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
February 27, 2024
Date: February 6, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods Department SUBJECT: Award Construction Contract for Graceada Park Pool Fencing Replacement Project
CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:
Consider approving the Plans and Specifications for the Graceada Park Pool Fencing Replacement Project, accepting the Bid and Awarding a Construction Contract to Joe’s Landscaping and Concrete, Inc., of Newman, CA, in amount not to exceed $167,991. (Funding Source: American Rescue Plan Act (ARPA), General Fund, Parks Fund) 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:
Graceada Park is one of the oldest parks within the City of Modesto. The Graceada Park pool was first constructed in 1969. At its peak, the City had more than twenty-two community pools distributed within the City’s park system. The Graceada Park pool is the last remaining City owned and operated pool. A community-driven service group reconstructed the pool and pumping system in 2018. It was evident the pool perimeter fencing was in poor condition during the renovation, but insufficient funds were available to replace the fencing at the time.
In 2019, the Graceada Park pool perimeter fencing was evaluated, and it was determined the fencing material had exceeded its life span and has deteriorated beyond repair. Additionally, the current pool perimeter fencing configuration does not meet American Disability Act (ADA) accessibility standards, nor does it provide access for park maintenance service vehicles.
This park improvement project will address safety and access concerns at the Graceada Park Pool site and enhance public enjoyment and satisfaction of the park pool amenities; by correcting ADA access deficiencies, expanding public use capacity, and providing better maintenance service access.
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City Council, February 27, 2024
Award Construction Contract for Graceada Park Pool Fencing Replacement Project
DISCUSSION:
The project was advertised for bids on December 14, 2023. Bids were publicly opened on January 30, 2024, pursuant to City Charter Section 1307, and four bids were received. Joe’s Landscape and Concrete, Inc., of Newman, CA, was determined to be the responsible bidder with the lowest responsive bid. The bid tabulation is attached, and a summary of the bids is below:
The bid analysis is:
Number of bids received 4
Number of bids within 10% of engineer’s estimate 2
Number of bids above the engineer’s estimate 3
Number of bids below the engineer’s estimate 1
Percent low bid is below the engineer’s estimate -1.06% Joe’s Landscaping and Concrete, Inc., of Newman, CA was 1.06% below the engineer’s estimate. The next lowest bid was 2.36% above the engineer’s estimate. The highest bid was 56.04% above the engineer’s estimate. Bidder competition and participation was evident as the City received four bids.
Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid.
The award of contract for the construction of the Graceada Park Pool Fencing Replacement Project, to Joe’s Landscaping and Concrete, Inc., of Newman, CA, conforms to Modesto Municipal Code, 8-3.203. Therefore, staff recommends awarding the contract to Joe’s Landscaping and Concrete, Inc., of Newman, CA.
The City’s “Change Order Approval Policy” enacted by Council Resolution No. 2023-405 on September 12, 2023, established a contract change order authority of 10% for construction contracts up to $10,000,000. Therefore, staff is requesting the Engineering Services Director’s Authority to issue change orders of 10% ($15,272) of the construction contract amount.
While the contingency policy is utilized for each construction contract awarded by the City, it is not written into each contract, nor is it a guaranteed amount included in the final compensation to the contractor. Prior to bidding a project, staff works diligently to ensure that all projects and bid packages contain well-defined scopes of work and that all projects stay within budget.
FISCAL IMPACT:
Funding for this project is budgeted in Capital Improvement Program (CIP) account #101428 (Graceada Park Fence). The project will require a budget adjustment allocating $50,000 of General Fund – Parks Operating Cost Center salary savings and $39,407 of Parks Fund to fully fund the project. The project’s revenue and expense budget shall be as outlined below:
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City Council, February 27, 2024
Award Construction Contract for Graceada Park Pool Fencing Replacement Project
Funding Sources
ARPA $ 100,028
Parks Fund $ 39,407
General Fund – Salary Savings $ 74,900
Total Cost $ 214,335
Project Budget
Construction $ 152,719
Construction Contingency (10%) $ 15,272
Construction Administration – City Staff (20%) $ 30,544 Bid/Design Support During Construction (5%) $ 7,636
Engineering/Design/Admin (previously spent/committed) $ 8,164 Total Cost $ 214,335
COMMITTEE RECOMMENDATION:
On August 14, 2023, this project was one of several park construction projects presented to the Safety & Communities Committee for consideration to minimize the time between bidding and Council award.
CEQA/NEPA REQUIREMENTS:
City staff prepared a Notice of Exemption No. EA/PR&N 2023-03, and the project is categorically exempt from CEQA because Section 15302 since it is a minor alteration to an existing facility involving a negligible expansion of use beyond the current use.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Plans and Specifications for the Graceada Park Pool Fencing Replacement Project and awarding a Construction Contract to Joe’s Landscaping and Concrete, Inc., of Newman, CA, in the amount of $152,719, plus $15,272, in contingency (if needed), for a total payment amount not to exceed $167,991 and authorizing the City Manager, or his designee, to execute the contract.
Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget to fund Project #101428 (Graceada Park Fence) in an amount of $89,407 in transfers, revenue, and to budget expenditures to fund the Project, and authorizing the City Manager, or his designee, to implement the provisions of this resolution.
Approved by:
Jeremy Rogers, Director of Parks, Recreation and
Neighborhoods Manager
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City Council, February 27, 2024
Award Construction Contract for Graceada Park Pool Fencing Replacement Project
Joseph P. Lopez, City Manager
Attachments:
1. Resolutions (2)
2. Agreement – Joe’s Landscaping and Concrete, Inc.
3. Bid Tabulation
4. Financial Interest Disclosure Form
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02/27/2024/PRN/NHoux/Item XX 1 2024-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE
GRACEADA PARK POOL FENCING REPLACEMENT PROJECT AND
AWARDING A CONSTRUCTION CONTRACT TO JOE’S LANDSCAPING AND CONCRETE, INC., OF NEWMAN, CA, IN THE AMOUNT OF $152,719, PLUS $15,272, IN CONTINGENCY (IF NEEDED), FOR A TOTAL PAYMENT AMOUNT NOT TO EXCEED $167,991 AND AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO EXECUTE THE CONTRACT
WHEREAS, at its peak, the City had more than twenty-two community pools distributed within the City’s park system; and
WHEREAS, the Graceada Park pool was first constructed in 1969; and WHEREAS The Graceada Park pool is the last remaining City owned and operated pool; and
WHEREAS, a community-driven service group reconstructed the pool and pumping system in 2018 but due to insufficient funds at the time, the fencing was unable to be replaced; and
WHEREAS, in 2019, the Graceada Park pool perimeter fencing was evaluated, and it was determined the fencing material had exceeded its life span and has deteriorated beyond repair; and
WHEREAS, the project was advertised for bids on December 14, 2023; and WHEREAS, bids were publicly opened on January 30, 2024, pursuant to City Charter Section 1307, and four bids were received; and
WHEREAS, Joe’s Landscape and Concrete, Inc., of Newman, CA, was determined to be the responsible bidder with the lowest responsive bid; and WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual #19..
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02/27/2024/PRN/NHoux/Item XX 2 2024-XX
services to be formally bid; and
WHERAS, the award of contract for the construction of the Graceada Park Pool Fencing Replacement Project, to Joe’s Landscaping and Concrete, Inc., of Newman, CA, conforms to Modesto Municipal Code, 8-3.203; and
WHERAS, staff recommends awarding the contract to Joe’s Landscaping and Concrete, Inc., of Newman, CA.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the plans and specifications Graceada Park Pool Fencing Replacement Project and awards a construction contract to Joe’s Landscaping and Concrete, Inc., of Newman, CA in the amount of $152,719 plus $15,272 in contingency (if needed), for a total amount not to exceed $167,991.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the contract, in a form approved by the City Attorney. #19..
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02/27/2024/PRN/NHoux/Item XX 3 2024-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 27th day of February 2024, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following votes:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ________________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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02/27/2024/PRN/NHoux/Item XX 1 2024-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION AMENDING THE FISCAL YEAR 2023-24 CAPITAL
IMPROVEMENT PROGRAM BUDGET TO FUND PROJECT #101428
(GRACEADA PARK FENCE) IN AN AMOUNT NOT TO EXCEED $89,407 IN
TRANSFERS, REVENUE, AND TO BUDGET EXPENDITURES TO FUND THE
PROJECT, AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE,
TO IMPLEMENT THE PROVISIONS OF THIS RESOLUTION
WHEREAS, General Fund – Parks Operation salary savings of $50,000 must be allocated to fund a portion of the project; and
WHEREAS, Parks Fund funding of $39,407 must be allocated to fund a portion of the project; and
WHEREAS, the Fiscal Year 2023-2024 Capital Improvement Budget must be amended to increase Project 101428 – Graceada Park Fence in a total amount of $89,407 to establish transfers, recognize revenue, and increase expenditures.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendments of the Fiscal Year 2023-2024 Capital Improvement Program Budget to fund project 101428 (Graceada Park Fence) in an amount not to exceed $89,407 in transfers, revenue and to budget expenditures to fund the project.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to take the necessary steps to implement the provisions of this resolution. #19..
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02/27/2024/PRN/NHoux/Item XX 2 2024-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 27th day of February 2024, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following votes:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ________________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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CONTRACT
This Agreement, made and entered into in the City of Modesto, County of Stanislaus, State of California, this __ day of _ ___ _ , 2024, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called City, and JOE'S LANDSCAPING & CONCRETE INC., a California, Corporation hereinafter called Contractor,
RECITALS:
WHEREAS, the City Manager of the City of Modesto, authorized the call for bids, approved the Plans and Specifications prepared under the direction of the Director of Parks, Recreation and Neighborhoods Department for the GRACEADA PARK POOL FENCING REPLACEMENT PROJECT and directed the City Clerk to advertise for sealed bids for doing said work and providing that bids be submitted on the 30th day of January, 2024; and WHEREAS, the City Clerk, thereafter duly and regularly caused a notice to be published in the manner and for the time prescribed by law; and WHEREAS, Contractor, pursuant to the provisions of said notice duly filed a bid with the City Clerk, a true copy of which is now on file in the office of the City Clerk of the City of Modesto, and is hereby referred to and by this reference made a part hereof as fully as if set forth at length herein; and
WHEREAS, all bids received pursuant to said notice were opened and examined and publicly declared at the time specified in said advertisement for bids and at a regular meeting of the City Council held on the ___ day of ____ _, 2024 by Resolution 2024-__ the Council found and declared the bid of Contractor to be the lowest responsive bid and thereupon awarded a Contract to Contractor to do the Work referred to in the aforementioned Plans and Specifications.
City of Modesto
Graceada Park Pool Fencing Replacement Project
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NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF WORK, hereinafter called the Work.
a. Contractor shall furnish all labor, materials and equipment necessary to complete the Work as specified in the Plans and Specifications entitled GRACEADA PARK POOL FENCING REPLACEMENT PROJECT, City of Modesto, Parks, Recreation and Neighborhoods Department, Project Number 2024-05, and in strict accordance with the conditions of the complete Contract Documents. All incidental Work not included in the Contract Documents or specified herein which is necessary to complete the Work so as to provide the system described, or shown, shall be furnished and installed as part of this Agreement at no additional cost to the City. The Work shall be complete and ready for service as described in the Contract Documents to the satisfaction of the Director of Utilities. b. Contractor shall do and perform the Work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the Director of Utilities of the City of Modesto.
c. Contractor shall do and perform the Work contemplated hereby and shall furnish all labor, materials, tools and equipment therefore at the prices herein specified to, wit:
Item
No.
1 2
3 4
5 6
CONTRACTOR'S BID
Item Description Unit of
Measure
Site Preparations LS
Selective Demolition LS
Concrete Mow Curb LF
Concrete Paving SF
Fencing LF
Removal of Existing Turf Grass SF
2 Estimated Unit Price Total Price
Quantity
1 $3,000.00 $3,000.00
1 $11 ,000.00 $11,000.00
215 $74.41 $15,998.15
200 $41.50 $8,300.00
308 $253 .25 $78,001.00
1585 $4.93 $7,814.05
City of Modesto
Graceada Park Pool Fencing Replacement Project
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7 Pedestrian Gate EA 2 $4,800.00 $9,600.00
8 Sod Turf Grass SF 1420 $5.99 $8,505.80
9 Irrigation LS 1 $7,000.00 $7,000.00
Subtotal $149,219.00
BID ALTERNATE 1
101. I Double Swing Gate I LS I 1 I $3,500.00 $3,500.00 Subtotal $3,500.00
TOTAL BID $152,719.00
2. CONTRACT DOCUMENTS. The complete Agreement between the parties consists of the documents listed below, including any addenda to these documents. The documents are complementary and provide for a complete work; if a discrepancy exists, the governing rank of the documents is set forth, in descending order:
a. Executed and signed, written Agreement;
b. Section 00800 Amendments and Supplements to the General Provisions c. All other sections of the Project Specifications;
d. Project Plans;
e. City Standard Details; current edition
f. City Standard Specifications; current edition
g. Revised State Standard Specifications;
h. State Standard Specifications;
1. Revised State Standard Plans;
j. State Standard Plans; and
k. All required Bonds.
All documents specified above are intended to operate so that any component of the Work called for in one and not mentioned in any other, or vice versa, is to be 3 City of Modesto
Graceada Park Pool Fencing Replacement Project
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executed the same as if mentioned in all of the documents. The listed documents comprise the Contract Documents.
3. COMMENCEMENT AND COMPLETION OF THE WORK. The Work
contemplated herein shall be commenced on the date specified in the Notice to Proceed for this Agreement. Completion of the work shall comply with the Specification. The Notice to Proceed shall not be issued until the Director of Utilities receives and has on file:
a. Proofs of insurance (approved by City Risk Manager), b. Bonds (approved by the City Attorney),
c. City of Modesto Business License, and
d. Executed Agreement.
Contractor will not be held responsible for failure to complete the Work within the specified time if delay is due to matters beyond its reasonable control. Contractor shall make all good faith attempts to overcome or to minimize such matters, and to finish the Work in the shortest reasonable amount of time.
4. PAYMENT. Payment for the Work to be done under this Agreement shall be at the price set forth in Section 1 hereof, and in accordance with the Contract Documents, which are incorporated herein by this reference.
5. INDEMNITY. The Contractor shall hold the City, 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 act or omission of Contractor, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. This provision 4 City of Modesto
Graceada Park Pool Fencing Replacement Project
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does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of the City, or (b) the active negligence of the City.
Contractor's obligation to defend, indemnify, and hold the City, 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 Contractor to procure and maintain a policy of insurance.
6. LIABILITY INSURANCE.
General
Contractor shall procure and maintain for the duration of this Agreement, and for the entire duration covered by the warranty bond, insurance as required by the Contract Documents and against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees, or subcontractors.
Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance
Services Office Form CG 00 01, including products and completed operations, with limits of no less than $3,000,000 per occurrence for bodily injury, personal injury, and property damage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office
Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
5 City of Modesto
Graceada Park Pool Fencing Replacement Project
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3. Workers' Compensation insurance as required by
the State of California, with Statutory Limits, and Employers' Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Builder's Risk (Course of Construction) insurance
utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions, is required.
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 23 37 forms iflater revisions used).
6 City of Modesto
Graceada Park Pool Fencing Replacement Project
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2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.
Builder's Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder's Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.
form:
Claims Made Policies
If any coverage required is written on a claims-made coverage
1. The retroactive date must be shown, and this date
must be before the execution date of the Agreement or the beginning of Contract Work.
2. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years after completion of Contract Work.
3. If coverage is canceled or non-renewed, and not
replaced with another claims-made policy form with a retroactive date prior to the Agreement effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five ( 5) years after completion of Contract Work.
4. A copy of the claims reporting requirements must
7 City of Modesto
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be submitted to the City for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this Agreement. The Contractor must deliver certificates evidencing existence of the insurance and specified endorsements listed above to the Director of Utilities within 5 business days after the Notice of Award is received. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The 8 City of Modesto
Graceada Park Pool Fencing Replacement Project
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City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by the Contract Documents, at any time.
J. Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance for the duration of the project and through acceptance by City Council.
7. BONDS. The Contractor shall furnish City the following separate surety bonds:
a. Performance Bond. Within 5 business days after receipt of the Notice of Award and prior to commencement of Work, the Contractor shall furnish a separate surety bond in an amount equal to one hundred percent (100%) of the Agreement price, shall be for the faithful performance of the Agreement, shall be approved by City, and shall be secured from a surety or sureties satisfactory to City.
b. Payment Bond. Within 5 business days after receipt of the Notice of Award and prior to commencement of Work, the Contractor shall furnish a separate surety bond in an amount at least equal to one hundred percent (100%) of the Agreement price as security for the payment of all persons for furnishing materials, provisions, or other supplies, or items, used in, upon, for, or about the performance of the Work contracted to be done; or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Agreement, and for the payment of a reasonable attorney's fee to be fixed by the court in case suit is brought upon the bond.
C. Warranty Bond. Prior to issuance of a Notice of Completion for the contracted work, Contractor shall file with the City a Warranty Bond or equivalent security in the amount often percent (10%) of the estimated cost of the contracted work to guaranty and 9 City of Modesto
Graceada Park Pool Fencing Replacement Project
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warranty the contracted work for a period of one (1) year following City Council acceptance thereof against any defective work or labor done, or defective materials furnished.
8. COMPLIANCE WITH ALL LAWS. Contractor hereby agrees that it and all subcontractors, if any, in the performance of the work described, designated and shown upon the Contract Documents herein referred to, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
9. TERMINATION OF AGREEMENT.
Termination by City for Default of Contractor
Should Contractor 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 Contractor. 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 Contractor, dishonesty, or theft. Such termination shall be in accordance with the Contract Documents.
If this Agreement is terminated, Contractor shall cease all its work on the project as of the termination date and shall see to it that its employees, subcontractors, and agents are notified of such termination and cease their work.
The Contractor understands and agrees that City may, in City's sole discretion, refuse to pay Contractor for that portion of Contractor's services which were performed by Contractor on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.
Termination by City for Convenience
City of Modesto
Graceada Park Pool Fencing Replacement Project
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The City may terminate the Contractor's performance under the Agreement, either in whole or in part, at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Contractor with consultation with the City prior to termination.
A. Upon receipt of a written Notice of Termination pursuant to this section, the Contractor shall:
1. Cease its work as directed in the Notice of Termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the Notice of Termination;
2. Terminate all orders and Subcontractors except as
necessary to complete any portion of the Work that is not terminated;
3. 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 subcontractors, but in no event shall recovery by any Contractor or subcontractor include 11 City of Modesto
Graceada Park Pool Fencing Replacement Project
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lost profits for portions of the Work not completed or
undertaken, including materials not delivered;
4. 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 Contractor in perfonning the Work
whether completed or in process;
5. Settle outstanding liabilities and claims, subject to the approval of City;
6. Complete performance of such part of the Work as has not been terminated;
7. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
8. If City so requests, and at City's cost, Contractor shall provide sufficient oral or written status reports to make City reasonably aware of the status of Contractor's work on the project.
B. City will pay Contractor an amount based on the percentage of work completed in accordance with the Notice of Termination. The final payment to the Contractor after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
1. Any actual costs incurred by the Contractor for restocking charges;
12 City of Modesto
Graceada Park Pool Fencing Replacement Project
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2. The agreed upon price of protecting the Work in any
manner, if any, as directed by the City;
3. The cost of settling and paying valid claims arising out of the termination of the Work such as subcontract
agreements or contracts for materials;
4. The Agreement price allocable to the portion of the Work properly performed or goods supplied by the Contractor as of the date of termination, as determined in accordance with the Notice of Termination, reduced by any sums
previously paid to the Contractor.
C. The City shall have the right to withhold any portion or the whole of the final payment under this provision in the event there are any outstanding Claims for compensation asserted either by the City against the Contractor or by any third party against the City or the Contractor which arise out of the Contractor's work.
Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Contractor to appeal the City Manager, or his/her designee's, decision to the City Council. The Contractor shall appeal by notifying the City Clerk in writing within ten (10) business days of receipt of notification from City to terminate the Agreement. In the event that termination of this Agreement is upheld by the City Council, any valid claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
10. NOTICES. Any notice, payment or instrument required or permitted by this Agreement to be given to either party shall be deemed to have been received when 13 City of Modesto
Graceada Park Pool Fencing Replacement Project
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personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
Contractor:
City:
Joe's Landscaping & Concrete
Attn: Jose Garcia
P.O. Box 883
Newman, CA 95360
City of Modesto
Director of Parks, Recreation and Neighborhoods
P.O. Box 642
Modesto, CA 95353
Phone(209)577-5344
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
11. WORKFORCE REQUIREMENTS. Contractor included both a signed Local Hire Certification as well as a Skilled and Trained Workforce Certification with its bid, and such certifications are incorporated herein by reference. Contractor shall comply with all applicable requirements, including record keeping requirements, of Articles 7 and 8 of Chapter 3 of the Modesto Municipal Code.
12. EXECUTION OF AGREEMENT. The undersigned signatory(ies) for Contractor warrant(s) and represent(s) that he/she/they is/are legally competent to execute the Agreement and has/have full authority to execute this Agreement.
13. DISPUTE RESOLUTION. All claims, controversies, or disputes arising out of or relating to this Agreement, including its performance by either party, shall be finally resolved by arbitration in accordance with the Contract Documents.
14. MISCELLANEOUS. Time is of the essence of this Agreement. 14 City of Modesto
Graceada Park Pool Fencing Replacement Project
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2024-___ adopted by the Council of the City of Modesto on the __ day of _____ , 2024, and Contractor has caused this Agreement to be duly executed.
CITY OF MODESTO,
A California municipal corporation
By __________ _
JOSEPH P. LOPEZ, City Manager
ATTEST:
JOE'S LANDSCAPING & CONCRETE
A California Corporation
{]q)_
Title
By _____________ _
Name Title
(Seal) By _____________ _
DIANE NAY ARES-PEREZ, CMC, City Clerk
APPROVED AS TO FORM:
By _ _____ ________ _
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM:
By _______________ _
CHRISTINA ALGER, Director of
Human Resources
15 ...... _ ..
* Corporations - signature of two (2) officers
required or one (1) officer plus corporate seal.
Partnership - signature of a partner required
City of Modesto
Graceada Park Pool Fencing Replacement Project
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Bid Tabulation Thursday, February 1, 2024
Project Title: Graceada Park Pool Fencing Replacement Project Project ID #: 2024-05
Account #: 101428
Vault ID #: 19-D-0386
Bid Opening: 1/30/2024 at 11:00 AM
Basis of Award: By Base Bid Designer: Ken Peterson
Design Manager: Ken Peterson
Project Description: Removal and replacement of perimeter fencing, concrete mow curbing, turf grass repair, and irrigation repair at the Graceada Park pool facility.
Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
Joe's Landscaping & Concrete
(408) 767-1949 P.O. Box 883, Newman, CA 95360
Base Bid
1 Site Preparations LS 1 $3,000.00 $3,000.00
2 Selective Demolition LS 1 $11,000.00 $11,000.00
3 Concrete Mow Curb LF 215 $74.41 $15,998.15
4 Concrete Paving SF 200 $41.50 $8,300.00
5 Fencing LF 308 $253.25 $78,001.00
6 Removal of Existing Turf Grass SF 1585 $4.93 $7,814.05 7 Pedestrian Gate EA 2 $4,800.00 $9,600.00
8 Sod Turf Grass SF 1420 $5.99 $8,505.80
9 Irrigation LS 1 $7,000.00 $7,000.00
Subtotal: $149,219.00
Bid Alternate 1
101 01 Double Swing Gate LS 1 $3,500.00 $3,500.00
Subtotal: $3,500.00
Total: $152,719.00
Percent From Engineer's Estimate: -1.06%
Westside Landscape & Concrete, Inc.
(209) 427-5778 27107 CA-33, Newman, CA 95360
Base Bid
1 Site Preparations LS 1 $5,903.00 $5,903.00
2 Selective Demolition LS 1 $11,022.00 $11,022.00
3 Concrete Mow Curb LF 215 $29.48 $6,338.20
4 Concrete Paving SF 200 $16.02 $3,204.00
5 Fencing LF 308 $317.52 $97,796.16
6 Removal of Existing Turf Grass SF 1585 $1.13 $1,791.05 7 Pedestrian Gate EA 2 $8,265.50 $16,531.00
8 Sod Turf Grass SF 1420 $1.56 $2,215.20
9 Irrigation LS 1 $2,260.00 $2,260.00
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Subtotal: $147,060.61
Bid Alternate 1
101 01 Double Swing Gate LS 1 $10,956.00 $10,956.00
Subtotal: $10,956.00
Total: $158,016.61
Percent From Engineer's Estimate: 2.36%
Pisor Fence Division Inc.
(916) 726-1173 PO Box 7213, Citrus Heights, CA 95261
Base Bid
1 Site Preparations LS 1 $4,500.00 $4,500.00
2 Selective Demolition LS 1 $12,000.00 $12,000.00
3 Concrete Mow Curb LF 215 $107.00 $23,005.00
4 Concrete Paving SF 200 $91.00 $18,200.00
5 Fencing LF 308 $300.00 $92,400.00
6 Removal of Existing Turf Grass SF 1585 $4.00 $6,340.00 7 Pedestrian Gate EA 2 $4,900.00 $9,800.00
8 Sod Turf Grass SF 1420 $6.00 $8,520.00
9 Irrigation LS 1 $12,712.00 $12,712.00
Subtotal: $187,477.00
Bid Alternate 1
101 01 Double Swing Gate LS 1 $5,900.00 $5,900.00
Subtotal: $5,900.00
Total: $193,377.00
Percent From Engineer's Estimate: 25.27%
Golden Bay Fence Plus Iron Works, Inc.
(209) 944-9754 4104 South B Street, Stockton, CA 95206
Base Bid
1 Site Preparations LS 1 $20,902.00 $20,902.00
2 Selective Demolition LS 1 $25,537.00 $25,537.00
3 Concrete Mow Curb LF 215 $150.00 $32,250.00
4 Concrete Paving SF 200 $25.00 $5,000.00
5 Fencing LF 308 $339.00 $104,412.00
6 Removal of Existing Turf Grass SF 1585 $4.00 $6,340.00 7 Pedestrian Gate EA 2 $9,619.00 $19,238.00
8 Sod Turf Grass SF 1420 $7.00 $9,940.00
9 Irrigation LS 1 $8,550.00 $8,550.00
Subtotal: $232,169.00
Bid Alternate 1
101 01 Double Swing Gate LS 1 $8,700.00 $8,700.00
Subtotal: $8,700.00
Total: $240,869.00
Percent From Engineer's Estimate: 56.04%
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Engineer's Estimate
Base Bid
1 Site Preparations LS 1 $6,300.00 $6,300.00
2 Selective Demolition LS 1 $12,600.00 $12,600.00
3 Concrete Mow Curb LF 215 $81.90 $17,608.50
4 Concrete Paving SF 200 $10.08 $2,016.00
5 Fencing LF 308 $252.00 $77,616.00
6 Removal of Existing Turf Grass SF 1585 $1.26 $1,997.10 7 Pedestrian Gate EA 2 $6,132.00 $12,264.00
8 Sod Turf Grass SF 1420 $2.52 $3,578.40
9 Irrigation LS 1 $8,820.00 $8,820.00
Subtotal: $142,800.00
Bid Alternate 1
101 01 Double Swing Gate LS 1 $11,560.00 $11,560.00
Subtotal: $11,560.00
Total: $154,360.00
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FINANCIAL INTEREST DISCLOSURE FORM
PROJECT: GRACEADA PARK POOL FENCING REPLACEMENT PROJECT Chapter 10, Title 2 of the Modesto Municipal Code requires all entities entering into contracts with the City of Modesto to disclose every individual who has a material financial interest in that entity as defined below. The apparent low bidder will be required to list below (and on additional sheets as necessary) all persons having a financial interest in the entity submitting the bid. The apparent low bidder shall submit this form no later than close of business on the 5th business day following receipt of the Notice oflntent to Award. Failure or refusal to submit the required information within the time required shall be grounds for declaring the bid non-responsive.
Name of Bidder: ::1ot's LaodSca.010~ L (o/\cfe.+~ '""-C .
Type of Organization: CO r rav • c~\, tt> r f\ i
(If a c01porati n, list the name of the state under the laws of which the co,poration is chartered)
FINANCIAL INTEREST DISCLOSURE FORM
All persons included within the meaning of either of the following tests have a material financial interest in an agreement, or application for development rights, submitted for approval or disapproval by the City Council, and shall be identified by the applicant, by name.
Tests of Materiality:
1. Whether it is foreseeable to a reasonable person that the value of their interest in property available for use by an applicant, or their interest in the applicant itself, may increase or decrease by an amount greater than $2,000.00 as a direct or indirect result of Council action on the applicant's agreement or application for development rights.
2. Whether it is foreseeable to a reasonable person that the person's gross income from the applicant may increase or decrease by a sum greater than $2,000.00 as a direct or indirect result of Council action on the agreement or application for development rights.
It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the agreement or application or development rights is true, correct and complete. The applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinfonnation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both.
Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.
ATURE
Names: (See attached list)
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Questions concerning the application of either test to particular facts should be resolved in advance of Council action by agreement with the department head recommending approval of its agreement/application.
DIRECTOR OF ENGINEERING
PROJECT: GRACEADA PARK POOL FENCING REPLACEMENT PROJECT BUSINESS NAME:
NAMES
Attach additional sheets as necessary.
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
February 27, 2024
Date: February 6, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods Department SUBJECT: Playground Equipment Purchase for Lakewood Park, Mildred Perkins Park, Orchard Park, Riverside Park, Aqueduct Park, and City Gate Children’s Park CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:
Consider approving the Purchase of Playground Equipment for Lakewood Park, Riverside Park, and City Gate Children’s Park from Ross Recreational Equipment Company, Inc., of Santa Rosa, CA, and for Mildred Perkins Park, Orchard Park, and Aqueduct Park from Miracle Recreation – PlayPower, Inc., of Huntersville, NC, for a total amount not to exceed $959,394. (Funding Source:
Measure H)
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:
With an estimated $70+ million in deferred maintenance in our park system, many park amenities are severely in need of replacement. Parks, Recreation and Neighborhoods staff established a plan to systematically address the deferred maintenance. In June 2023, Council approved the FY 2023-2024 budget, which included $6,100,000 of Measure H funding for deferred park maintenance. As part of the deferred park maintenance allocation, $2,520,000, is budgeted for the replacement of playground structures at eight (8) City parks. Staff is still working on the design of two (2) of these playgrounds (Coleman Brown Park and Davis Park), but is prepared to purchase play equipment for the other six (6) playgrounds.
For the first round of playground renovations, staff sought public input on the playground design.
On November 17, 2023, via the City website, voting for the preferred design of four playgrounds located at Lakewood Park, Mildred Perkins Park, Orchard Park, and Riverside Park was opened.
The public was able to vote on a new design for each playground. Voting lasted until December 8, 2023, and a total of 1,290 votes were received for this first round of voting. #20..
- 1982 -
City Council, February 27, 2024
Playground Equipment Purchase for Lakewood Park, Mildred Perkins Park, Orchard Park, Riverside Park, Aqueduct Park, and City Gate Children’s Park
For the second round of playground renovations, staff sought public input on the playground design for Aqueduct Park and City Gate Children’s Park. On January 5, 2024, via the City website, voting for the preferred design of the two playgrounds, was opened. The public was able to vote on a new design for each playground. Voting lasted until January 19, 2024, and a total of 193 votes were received.
DISCUSSION:
National Purchasing Partners, LLC., (NPP) 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.
On October 14, 2020, 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, but due to COVID-19 this date was extended to January 15, 2021, to allow adequate time for review and response for all eligible vendors. On January 15, 2021, ten (10) proposals were received, and eight (8) contracts were awarded for Park, Playground and Recreation Equipment.
Ross Recreational Equipment Company, Inc. (Ross Recreation) was awarded contract #PS21070 effective March 22, 2021 through March 22, 2027. Through this contract, Ross Recreation provided quotes for the purchase of playground equipment for Lakewood Park, Riverside Park, and City Gate Children’s Park in the total amount of $413,848. Due to fluctuating material costs and potential minor design adjustments, staff recommends Council approve a 10% contingency budget in the amount of $41,385 for a total cost not to exceed $455,233, for Lakewood Park, Riverside Park and City Gate Children’s Park.
Sourcewell is a cooperative agency which streamlines the procurement process by developing RFB’s or RFP’s for national competitive solicitations that meet or exceed local requirements. The competitive process is continually refined to best meet agency needs and allows Sourcewell to offer exceptional products from nationally acclaimed vendors.
On November 10, 2020, Sourcewell issued Request for Proposals (RFP) # 010521 for playground and water play equipment with related accessories and services advertised on the Sourcewell website,6 USA Today7, The Oregon Daily Journal8, The Public Group9, The state media company10, The New York state contract reporter11, Alberta Purchasing Connection12, and The 1 USA
2 The Oregon Daily Journal
3 www.orcities.org
4 www.findrfp.com
5 www.nppgov.com
6 www.proportal.sourcewell-mn.gov
7 USA
8 The Oregon Daily Journal
9 www.publicpurchase.com
10 The state media company newspaper
11 The New York State Contract Reporter
12 www.rmalberta.com
#20..
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City Council, February 27, 2024
Playground Equipment Purchase for Lakewood Park, Mildred Perkins Park, Orchard Park, Riverside Park, Aqueduct Park, and City Gate Children’s Park
Salt Lake Tribune13. On January 5, 2021, proposals were electronically opened, and the list of all Proposers was made publicly available in the Sourcewell Procurement Portal. Twenty-five (25) proposals were received and based on the Sourcewell Proposal review committee and criteria outlined in the RFP, six (6) contracts were awarded14.
Miracle Recreation – PlayPower, Inc. (Miracle) was awarded contract #010521-LTS effective February 15, 2021, through February 17, 2025. Through this contract, Miracle provided quotes for the purchase of playground equipment for Mildred Perkins Park, Orchard Park and Aqueduct Park in the amount of $458,328. Due to fluctuating material cost and potential minor design adjustments, staff recommends Council approve a 10% contingency budget in the amount of $45,833 for a total cost not to exceed $504,161, for Mildred Perkins Park, Orchard Park and Aqueduct Park.
Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 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 government in cooperative purchasing plans when the best cost savings interest of the City could be served. Both requirements were met based on the Competitive Bidding Process selected by NPP and Sourcewell.
FISCAL IMPACT:
Funding for this project is budgeted in the Capital Improvement Project #101517 (PRN – 2023/24 Deferred Maintenance – Measure H). In addition to the purchase of play equipment, site work is necessary for installation of the play equipment. Staff is currently in the process of finalizing construction documents to prepare a Public Works bid to obtain a contractor for installation. Staff expects to return to Council to award a construction contract for this work in the next couple months. It is estimated that the site work and installation for these six (6) playgrounds will be about $850,000. Funding for both the purchase and installation of these six (6) playgrounds is budgeted and available in CIP #101517.
ESTIMATED PLAY EQUIPMENT PURCHASE
EXPENSES:
Ross Recreational Equipment Company, Inc.
Lakewood Park Playground Equipment $200,920
Riverside Park Playground Equipment $161,481
City Gate Children's Park Playground
Equipment $51,447
10% Contingency $41,385
Ross Recreation Subtotal $455,233
13 Utah Media Group, The Salt Lake Tribune
14 BCI Burke Co, LLC, Landscape Structures, Play Power, Raindrop Products, LLC., Softsurfaces Inc and Waterplay Solutions.
#20..
- 1984 -
City Council, February 27, 2024
Playground Equipment Purchase for Lakewood Park, Mildred Perkins Park, Orchard Park, Riverside Park, Aqueduct Park, and City Gate Children’s Park
Miracle Recreation – PlayPower, Inc
Mildred Perkins Park Playground Equipment $144,689
Orchard Park Playground Equipment $165,166
Aqueduct Park Playground Equipment $148,473
10% Contingency $45,833
Miracle Recreation Subtotal $504,161
Total: $959,394
COMMITTEE RECOMMENDATION:
On August 14, 2023, this project was one of several park construction projects presented to the Safety & Communities Committee for consideration to minimize the time between bidding and Council award.
CEQA/NEPA REQUIREMENTS:
City staff prepared a Notice of Exemption No. EA/PR&N 2024-01 and determined the project is categorically exempt from CEQA due to the fact that it consists of the replacement of existing play equipment which has substantially the same purpose, is located at the same site and is not anticipated to significantly increase the use of the park.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Competitive Bidding Processes of National Purchasing Partners (NPP), League of Oregon Cities, with Ross Recreational Equipment Company, Inc. and Sourcewell (formerly National Joint Powers Alliance) who completed the bid and the State of California Multiple Award Schedule (CMAS) with Miracle Recreation – PlayPower, Inc. for the Purchase and Delivery of playground equipment for Lakewood Park, Riverside Park, Mildred Perkins Park, Orchard Park, Aqueduct Park, and City Gate Children’s Park, for a total amount not to exceed $959,394, and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
Approved by:
Jeremy Rogers, Director of Parks, Recreation and
Neighborhoods Manager
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. NPPGov RFP #2060
3. NPPGov RFP #2060 Scoring Abstract
#20..
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City Council, February 27, 2024
Playground Equipment Purchase for Lakewood Park, Mildred Perkins Park, Orchard Park, Riverside Park, Aqueduct Park, and City Gate Children’s Park
4. Master Price Agreement - League of Oregon Cities and Ross Recreational Equipment Company, Inc.
5. Ross Recreational Quote – Lakewood Park
6. Ross Recreational Quote – Riverside Park
7. Ross Recreational Quote – City Gate Children’s Park
8. Ross Recreational Financial Interest Disclosure Form
9. Sourcewell RFP #0102521
10. Sourcewell RFP #0102521 Scoring Abstract
11. Miracle Playsystems, Inc. Purchasing Agreement, 010521-LTS
12. Miracle Playsystems, Inc. Quote – Mildred Perkins Park
13. Miracle Playsystems, Inc. Quote – Orchard Park
14. Miracle Playsystems, Inc. Quote – Aqueduct Park
15. Miracle Playsystems, Inc. Financial Interest Disclosure Form #20..
- 1986 -
02/27/24/PRN/NHoux/Item X 1 2024-XXX
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING THE COMPETITIVE BIDDING PROCESSES OF
NATIONAL PURCHASING PARTNERS (NPP), LEAGUE OF OREGON CITIES, WITH ROSS RECREATIONAL EQUIPMENT COMPANY, INC. AND
SOURCEWELL (FORMERLY NATIONAL JOINT POWERS ALLIANCE) WHO
COMPLETED THE BID AND THE STATE OF CALIFORNIA MULTIPLE
AWARD SCHEDULE (CMAS) WITH MIRACLE RECREATION –
PLAYPOWER, INC. FOR THE PURCHASE AND DELIVERY OF
PLAYGROUND EQUIPMENT FOR LAKEWOOD PARK, RIVERSIDE PARK,
MILDRED PERKINS PARK, ORCHARD PARK, AQUEDUCT PARK, AND CITY GATE CHILDREN’S PARK, FOR A TOTAL AMOUNT NOT TO EXCEED
$959,394, AND AUTHORIZING THE PURCHASING MANAGER, OR HER
DESIGNEE, TO ISSUE THE PURCHASE ORDER
WHEREAS, with an estimated $70+ million in deferred maintenance in our park system, many park amenities are severely in need of replacement; and WHEREAS, Parks, Recreation and Neighborhoods staff established a plan to systematically address the deferred maintenance; and
WHEREAS, in June 2023, Council approved the FY 2023-2024 budget, which included $6,100,000 of Measure H funding for deferred park maintenance; and WHEREAS, as part of the deferred park maintenance allocation, $2,520,000, is budgeted for the replacement of playground structures at eight (8) City parks; and WHEREAS, staff sought public input on the design of the renovations of six parks; and WHEREAS, on November 17, 2023, via the City website, voting for the preferred design of four playgrounds located at Lakewood Park, Riverside Park, Mildred Perkins Park, and Orchard Park was opened; and
WHEREAS, the public was able to vote on a new design for each of the playgrounds with voting lasting until December 8, 2023, and a total of 1,290 votes were received for this first round of voting; and
#20..
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02/27/24/PRN/NHoux/Item X 2 2024-XXX
WHEREAS, on January 5, 2024, via the City website, voting for the preferred design of two playgrounds located at Aqueduct Park and City Gate Children’s Park was opened; and WHEREAS, the public was able to vote on a new design for each of the playgrounds with voting lasting until January 19, 2024, and a total of 193 votes were received; and WHEREAS, on October 14, 2020, NPP issued Request for Proposals (RFP) # 2060 for Park, Playground and Recreation Equipment advertised in the USA Today, The Oregon Daily Journal, the City of Oregon website, Find RFP website and NPP website; and WHEREAS, on January 15, 2021, ten (10) proposals were received, and eight (8) contracts were awarded for the Park, Playground and Recreation Equipment; and WHEREAS, Ross Recreational Equipment Company, Inc. (Ross Recreation) was awarded contract #PS21070 effective March 22, 2021 through March 22, 2027 and through this contract, Ross Recreation provided quotes for the purchase of playground equipment for Lakewood Park, Riverside Park, and City Gate Children’s Park in the amount of $413,848; and WHEREAS, due to fluctuating material cost and potential minor design adjustments, staff recommends Council approve a 10% contingency budget in the amount of $41,385 for a total cost not to exceed $455,233, for Lakewood Park, Riverside Park and City Gate Children’s Park; and
WHEREAS, on November 10, 2020, Sourcewell issued Request for Proposals (RFP) #010521 for playground and water play equipment with related accessories and services advertised on the Sourcewell website, USA Today, The Oregon Daily Journal, The Public Group, The state media company, The New York state contract reporter, Alberta Purchasing Connection, and The Salt Lake Tribune; and
#20..
- 1988 -
02/27/24/PRN/NHoux/Item X 3 2024-XXX
WHEREAS, on January 5, 2021, proposals were electronically opened, and the list of all Proposers was made publicly available in the Sourcewell Procurement Portal; and WHERRAS, twenty-five (25) proposals were received and based on the Sourcewell Proposal review committee and criteria outlined in the RFP, six (6) contracts were awarded; and WHEREAS, Miracle Recreation – PlayPower, Inc. (Miracle) was awarded contract #010521-LTS effective February 15, 2021, through February 17, 2025 and through this contract, Miracle provided quotes for the purchase of playground equipment for Mildred Perkins Park, Orchard Park and Aqueduct Park in the amount of $458,328; and WHEREAS, due to fluctuating material cost and potential minor design adjustments, staff recommends Council approve a 10% contingency budget in the amount of $45,833 for a total cost not to exceed $504,161, for Mildred Perkins Park, Orchard Park and Aqueduct Park; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 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”; and WHEREAS, in addition, MMC 8-3.202(h) 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 could be served and both requirements were met based on the Competitive Bidding Process selected by NPP and Sourcewell. #20..
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02/27/24/PRN/NHoux/Item X 4 2024-XXX
NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves the Competitive Bidding Processes of National Purchasing Partners (NPP), League of Oregon Cities, with Ross Recreational Equipment Company, Inc., and Sourcewell (formerly National Joint Powers Alliance) who completed the bid and the State of California Multiple Award Schedule (CMAS) with Miracle Recreation – PlayPower, Inc. for the Purchase and Delivery of playground equipment for Lakewood Park, Riverside Park, Mildred Perkins Park, Orchard Park, Aqueduct Park, and City Gate Children’s Park, for a total amount not to exceed $959,394.
BE IT FURTHER RESOLVED that the Purchasing Manager, or her designee, is authorized to issue the Purchase Order.
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02/27/24/PRN/NHoux/Item X 5 2024-XXX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 27th day of February, 2024, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
DIANE NAYARES-PEREZ,
CMC, City Clerk
APPROVED AS TO FORM:
BY: ___________________________
JOSE M. SANCHEZ, City Attorney
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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 #20..
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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 #20..
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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 #20..
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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 #20..
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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 #20..
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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 #20..
- 2003 -
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: _____________________
#20..
- 2004 -
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) #20..
- 2005 -
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.
#20..
- 2006 -
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.
#20..
- 2007 -
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. #20..
- 2008 -
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. #20..
- 2009 -
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] #20..
- 2010 -
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] #20..
- 2011 -
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] #20..
- 2012 -
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
#20..
- 2013 -
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
#20..
- 2014 -
THE FORM LISTED BELOW MUST BE SIGNED AND RETURNED WITH SOLICITATION RESPONSE #20..
- 2015 -
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:
#20..
- 2016 -
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.
#20..
- 2017 -
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.
#20..
- 2018 -
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 #20..
- 2019 -
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:
#20..
- 2020 -
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 _________________
#20..
- 2021 -
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.
#20..
- 2022 -
(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.
#20..
- 2023 -
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
#20..
- 2024 -
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
#20..
- 2025 -
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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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 Ross Recreation Equipment Company, Inc. (“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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2 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 DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5 #20..
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3 printed terms and 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 PS21070, 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.
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, DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5 #20..
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4 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.
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.
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5 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 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 self-insured 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 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 DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5 #20..
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6 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 nonprocuring 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.
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.
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7 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.
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.
DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5 #20..
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8 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:
Ross Recreation Equipment Company, Inc.
100 Brush Creek Rd., #206
Santa Rosa CA 95404
ATTN: Heather Hailey
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.
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.
DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5 #20..
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9 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 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.
DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5 #20..
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10 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: _____________________________
Ross Recreation Equipment Company, Inc.
Dated: ____________________________
DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5 March 22, 2021 | 5:39 PM PDT
Accounting Manager
Heather Hailey
Executive Director
Mike Cully
March 22, 2021 | 8:57 PM PDT
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ATTACHMENT A
to Master Price Agreement by and between VENDOR and PURCHASER.
PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES
EQUIPMENT CATEGORIES
PROPOSED BRAND PROPOSED
DISCOUNT OFFERED (%) OFF
PUBLISHED LIST PRICE
VOLUME DISCOUNT
OFFERED
1. SCHOOL AGE PLAYGROUNDS
AND COMPONENTS LANDSCAPE STRUCTURES, INC. 5% MATERIAL DISCOUNT OFF LIST PRICE > $100,000 MATERIALORDER = ADD'L 2%
2. AQUATIC & OTHER
PLAYGROUNDS AND VORTEX AQUATIC STRUCTURES 3% MATERIAL DISCOUNT OFF LIST PRICE > $50,000 MATERIALORDER = ADD'L 2%
3. SHELTERS AND SHADE
STRUCTURES
CLASSIC RECREATION; CUSTOM CANOPIES;
LANDSCAPE STRUCTURES SKYWAYS
5% MATERIAL DISCOUNT OFF LIST PRICE N/A
4. OUTDOOR FITNESS
EQUIPMENT
LANDSCAPE STRUCTURES HEALTHBEAT &
FITCORE EXTREME 5% MATERIAL DISCOUNT OFF LIST PRICE > $100,000 MATERIALORDER = ADD'L 2%
5. SAFETY SURFACING
SURFACE AMERICA RUBBERIZED SURFACING;
FOREVERLAWN SYNTHETIC TURF;
SOFSURFACES TILE; FIBAR AND ZEAGER
BROTHERS ENGINEERED WOOD FIBER
4% MATERIAL DISCOUNT OFF SURFACE
AMERICA & SOFSURFACES LIST PRICE; 8%
MATERIAL DISCOUNT OFF
FOREVERLAWN LIST PRICE; 5% MATERIAL
DISCOUNT OFF FIBAR LIST PRICE
SINGLE PROJECT OVER
10,000 SQUARE FEET =
ADD'L 2%
6. SITE AMENITIES DUMOR, INC; WEBCOAT/SUPERIOR
AMENITIES 3% MATERIAL DISCOUNT OFF LIST PRICE 30 UNITS OR MORE* =ADD'L 2%
7. INSTALLATION
MANUFACTURER CERTIFIED INSTALLERS &
SUB-CONTRACTORS
QUOTED ON A PER PROJECT BASIS;
MARK-UP NOT TO EXCEED 25% ABOVE
TOTAL COSTS
N/A
8. OTHER
SCOREMASTER SPORTS GOALS; LA
STEELCRAFT; PW ATHLETIC; JAYPRO ATHLETIC;
DOGIPOT; HAWS DRINKING FOUNTAINS
4% MATERIAL DISCOUNT OFF LIST PRICE
15 UNITS OR MORE*
=ADD'L 2%
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*ALL UNITS ORDERED AT ONE TIME ON ONE PURCHASE ORDER.
AVAILABLE 2021 PRICE LISTS INCLUDED IN PROPOSAL APPENDIX.
PRICE LISTS ARE SUBJECT TO CHANGE BASED ON CURRENT MANUFACTURER'S PRICING AND ANNUAL PRICING CHANGES.
THE FOLLOWING DO NOT HAVE STANDARD PUBLISHED PRICE LISTS DUE TO THE CUSTOM NATURE OF HOW MATERAILS ARE QUOTED PER PROJECT: LANDSCAPE STRUCTURES, VORTEX,
CLASSIC RECREATION, CUSTOM CANOPIES, SURFACE AMERICA, SOFSURFACES, FOREVERLAWN, ZEAGER BROTHERS AND FIBAR.
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.] DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5 #20..
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13 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.
DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5 #20..
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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.
DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5 #20..
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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: E0575664-26DA-44D5-BA50-B3668C0198E5 #20..
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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: E0575664-26DA-44D5-BA50-B3668C0198E5 #20..
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17 ATTACHMENT F
to Master Price Agreement by and between VENDOR and PURCHASER.
ADDITIONAL VENDOR TERMS OF PURCHASE, IF ANY.
DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5 #20..
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Certificate Of Completion
Envelope Id: E057566426DA44D5BA50B3668C0198E5 Status: Completed Subject: Please DocuSign: MPA 2060 LOC and Ross Rec - FINAL.pdf, VAA 2060 NPPGov and Ross Recreation - F...
Source Envelope:
Document Pages: 32 Signatures: 4 Envelope Originator:
Certificate Pages: 5 Initials: 0 Marshall Stiles
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
1100 Olive Way
Suite 1020
Seattle, WA 98101
[email protected]
IP Address: 24.113.4.135
Record Tracking
Status: Original
3/22/2021 4:26:13 PM
Holder: Marshall Stiles
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Heather Hailey
[email protected]
Accounting Manager
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 76.21.101.11
Sent: 3/22/2021 4:31:04 PM
Viewed: 3/22/2021 5:34:58 PM
Signed: 3/22/2021 5:39:57 PM
Electronic Record and Signature Disclosure:
Accepted: 3/22/2021 5:34:58 PM
ID: 621d07a5-5de6-4bea-b390-ffb8f555432a
Mike Cully
[email protected]
Executive Director
Security Level: Email, Account Authentication
(None) Signature Adoption: Drawn on Device
Using IP Address: 71.63.236.213
Sent: 3/22/2021 5:40:00 PM
Viewed: 3/22/2021 8:57:00 PM
Signed: 3/22/2021 8:57:14 PM
Electronic Record and Signature Disclosure:
Accepted: 3/22/2021 8:57:00 PM
ID: 7f9cd513-34e3-4975-9635-b5d63c1d3494
Bruce Busch
[email protected]
Senior Vice President
National Purchasing Partners
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 73.97.193.171
Signed using mobile
Sent: 3/22/2021 8:57:16 PM
Viewed: 3/22/2021 9:05:43 PM
Signed: 3/22/2021 9:07:00 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
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Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 3/22/2021 4:31:04 PM
Certified Delivered Security Checked 3/22/2021 9:05:43 PM Signing Complete Security Checked 3/22/2021 9:07:00 PM
Completed Security Checked 3/22/2021 9:07:00 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, National Purchasing Partners (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 12/29/2020 5:54:29 AM Parties agreed to: Heather Hailey, Mike Cully #20..
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Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact National Purchasing Partners:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected] To advise National Purchasing Partners of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your account preferences.
To request paper copies from National Purchasing Partners To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with National Purchasing Partners To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
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i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guidesigning-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
Until or unless you notify National Purchasing Partners as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by National Purchasing Partners during the course of your relationship with National Purchasing Partners.
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Nicole Nowak [email protected]
Ross Recreation Representative
00042970 $200,920.08
SIGNATURE BELOW ACCEPTING THIS PROPOSAL WILL CONSTITUTE A PURCHASE ORDER ONLY UPON APPROVAL BY ROSS RECREATION EQUIPMENT, INC. CUSTOMER RECEIPT OF AN ORDER ACKNOWLEDGEMENT CONSTITUTES SUCH APPROVAL.
Total $200,920.08
Freight Amount $21,065.22
Labor Amount $5,893.84
Tax Amount $14,180.52
Credit Terms Net 30 On Materials Shipment Materials Amount $159,780.50 Est Lead Time 20-24 weeks
Quote Exp Date 2/5/2024
Quote Date 1/3/2024
Quote Name NPP_Lakewood Park_1178104-01-04
Opportunity Name Lakewood Park Play
Quote Number 00042970
City of Modesto Corp Yard
501 N. Jefferson Street
Attn: Chris Orr
Modesto, California 95354
United States
Ship To
Ship To Name City of Modesto
Phone (209) 577-5451
City of Modesto Finance
Atten: Accounts Payable
P.O. Box 642
Modesto, California 95353-0642
United States
Bill To
Bill To Name City of Modesto
Contact Name Joel Bueno
ALL PURCHASE ORDERS, CONTRACTS, AND
CHECKS TO BE MADE OUT TO:
Ross Recreation Equipment, Inc.
100 Brush Creek Road, #206
Santa Rosa, CA. 95404
707.538.3800 - [email protected]
PS21070
Prepared For:
Quantity Product Product Description Sales Price Total Price
1.00 PlayBooster,
5-12
Landscape Structures PlayBooster, ages 5-12.
Design #1178104-01-04 includes: Sling Shot Climber, Star Seeker Climber, Wiggle Ladder, Ribbon Walk Climber, Chinning Bar, S Horizontal Ladder, Tree House Roof w/o Stack and w/o Kids ONLY, Tree House Roof w/ Stack and w/o Kids Only sign, Double Slide, Double Swoosh Slide, SlideWinder2 Slide, Forma Footprint Balance Beam, Forma Footprint Steppers, Forma Forge Climber, Single Swing w/ Belt Seats and Tire Swing $120,035.00 $120,035.00
1.00 PlayShaper
Landscape Structures PlayShaper, ages 2-5.
Design #117104-01-04 includes: Roller Slide, Mini Summit Climber, Loop Ladder, Finger Maze Panel, Storefront Panel, Tree House Roof w/o stack and w/Kids Only sign, Forma Footprint Balance Beam, Log Steppers, Cozy Dome, Log Balance Beam, Swing w/ Bucket Seats.
$48,155.00 $48,155.00
1.00 Bond Bond - Standard 3% on total project amount including tax and freight. $5,893.84 $5,893.84
1.00 NPP Ross
Discount Please Provide Customer NPP # -$8,409.50 -$8,409.50 Notes to Customer
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Nicole Nowak [email protected]
Ross Recreation Representative
00042970 $200,920.08
Thank you for the opportunity to quote your
upcoming project. PLEASE NOTE: Quote does
not include installation, offload, payment and
performance bonds, engineering calculations,
security, storage, permits, inspection or safety
surfacing, unless otherwise noted. Unless noted,
freight costs are based on semi-truck access and
do not include a lift-gate.
Deposits may be required before an order can
be placed depending on customer credit terms.
Your purchase is subject to the terms and
conditions of this quote. Approval of this quote
agrees to those terms.
If ordering materials after the quoted expiration
date, please contact your sales representative
for current pricing. Due to material cost
increases and a fluid pricing environment, Ross
Recreation cannot hold pricing past the stated
Expiration Date on this quote. To secure current
pricing, Ross Recreation will require the
following:
- PO, signed quote or contract with approval for
the order.
- Deposit if required by credit terms.
- Color selections and/or approved submittals.
- Acceptance of delivery when materials or
equipment is ready to ship. Products cannot be
held nor stored.
Sales tax will be based on the current rate at the
time of shipping, not the order date. Customer
will be expected to cover these, or any changes,
to sales taxes.
Ross Recreation will provide labor using a
subcontractor for all installation and labor
quoted. Neither Ross Recreation, nor our
subcontractors, are signatory to any unions;
however, compliance with prevailing wage rate
requirements will occur. If union enrollment is
required by our subcontractor for completion of
this project, Ross Recreation will require a
Change Order to cover the costs of a per project
enrollment and additional wage/benefit
requirements.
Signature _________________________________ Note to Customer Name ____________________________________
Title _____________________________________
Date _____________________________________
New Section
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Lakewood Park Components List
Date:01/03/2024 Rep Organization: Ross Recreation
Equipment Co
Quote No: 1178104-01-04
Project Title: Lakewood Park Play Location: Modesto CA