Agenda packet — Orange City Council, October 11, 2022 (part 1 of 7)

Rob Houston
City Manager
Gary A. Sheatz
City Attorney
Pamela Coleman
City Clerk
MARK A. MURPHY
Mayor

KIMBERLEE NICHOLS
Mayor pro tem

CHIP MONACO
Councilmember

ARIANNA BARRIOS
Councilmember, District 1

JON DUMITRU
Councilmember, District 2

KATHY TAVOULARIS
Councilmember, District 3

ANA GUTIERREZ
Councilmember, District 5
AGENDA
City Council
October 11, 2022
4:30 PM Employee Recognition
5:00 PM Closed Session
6:00 PM Regular Session
City Council Chamber
300 E. Chapman Avenue
Orange, CA 92866
The City of Orange City Council welcomes you to this meeting and encourages your participation. Regular City Council meetings are held on the second Tuesday of each month at 6:00 p.m.

Agenda Information
The agenda contains a brief general description of each item to be considered. The City Council may take legislative action deemed appropriate with respect to the item and is not limited to the recommended action indicated in staff reports or the agenda. The agenda and supporting documentation is available after 4:00 p.m. on the Thursday prior to the Council meeting on the City's website at www .cityoforange.org, at the City Clerk's Office located at 300 E. Chapman Avenue, and at the Main Public Library located at 407 E. Chapman Avenue. Written materials relating to an item on the agenda that are provided to the City Council after agenda packet distribution and within 72 hours before Council is to consider the item will be made available for public inspection in the City Clerk’s Office during normal business hours; at the City Council meeting; and made available on the City's website.

Public Participation
Regular meetings are televised live on Spectrum Cable Channel 3 and AT&T U -verse Channel 99, and streamed live and on-demand on the City's website at www.cityoforange.org.

Pursuant to Government Code Section 54954.3, members of the public may address the City Council on any agenda item before or during Council ’s consideration of the item, and on any other matters within the City Council’s jurisdiction by using any of the following methods:
1) In-Person
To speak on an item on the agenda, complete a speaker card indicating your name and address, and identifying the agenda item number or subject matter you wish to address. The card should be given to the City Clerk prior to the start of the meeting. General comments are received during the “Public Comments ” section at the beginning of the Regular Session. No action may be taken on off -agenda items unless authorized by law. Public Comments are limited to three (3) minutes per speaker unless a different time limit is announced. It is requested that you state your name for the record, then proceed to address the City Council. All speakers shall observe civility, decorum, and good behavior.

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1 City Council Agenda October 11, 2022
2) Written Public Comments via email or eComment
Members of the public can submit their written comments electronically for City Council consideration by emailing them to CCpubliccomment@cityoforange .org with the subject line “Public Comment Item # (insert the item number relevant to the comment )” or “Public Comment Non -agenda Item” for general public comments. The public can also submit written comments on the City ’s eComment page. Please visit the City’s website at www .cityoforange.org, click Current City Council Agenda, then click the eComment link for this meeting. To ensure distribution to the City Council prior to consideration of the agenda, we encourage the public to submit comments by 3:00 p.m. the day of the meeting. All public comments will be provided to the Council, posted on the City’s website, and compiled as part of the record. 3) Public Comments via recorded voicemail message
Finally, the public can record their comments by calling (714) 744-2234 no later than 5:00 p.m. the day of the meeting. Recorded messages will not be played at the meeting, but will be provided to the Council and the caller's position will be summarized in the minutes.

In accordance with Ordinance No. 10-01, any person making personal, impertinent, slanderous or profane remarks or who becomes boisterous while addressing the Council shall be called to order by the Mayor. If such conduct continues, the Mayor may order the person barred from addressing the City Council further during that meeting, unless permission to continue is granted by a majority vote of the Council.

Please contact the City Clerk’s Office at (714) 744-5500 with any questions.

ADA Requirements: In compliance with the Americans with Disabilities Act, if you need accommodations to participate in this meeting, please contact the City Clerk's office at (714) 744-5500. Notification at least 48 hours in advance of meeting will enable the City to make arrangements to assure accessibility to this meeting.

REMINDER: Please silence all electronic devices while City Council is in session.

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2 City Council Agenda October 11, 2022
4:30 PM EMPLOYEE RECOGNITION

1. WELCOME

2. EMPLOYEE SERVICE AWARDS

3. RECESS
5:00 PM CLOSED SESSION

1. ROLL CALL

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, members of the public may address the Council on Closed Session items only. Public Comments are limited to three (3) minutes per speaker.

3. RECESS TO CLOSED SESSION
a. PUBLIC EMPLOYMENT
Pursuant to Government Code Section 54957.

Title: City Manager

4. CLOSED SESSION REPORT

5. ADJOURNMENT
The City Council will adjourn to the 6:00 p.m. Regular Session in the Council Chamber.

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3 City Council Agenda October 11, 2022
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER

1.1 INVOCATION
Pastor Jonathan Reider, Friends Church Orange

1.2 PLEDGE OF ALLEGIANCE
Mayor Mark A. Murphy

1.3 ROLL CALL

1.4 PRESENTATIONS/ANNOUNCEMENTS
Friends of the Orange Public Library presentation to the Orange Public Library Olive Pony Baseball Recognition
Proclamation recognizing October 9-15, 2022, as National Case Management Week Proclamation recognizing National Hispanic Heritage Month

2. PUBLIC COMMENTS
At this time, members of the public may address the Council on matters not listed on the agenda within the subject matter jurisdiction of the City Council, provided that NO action may be taken on off -agenda items unless authorized by law. Public Comments are limited to three (3) minutes per speaker.

3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion approving the recommended action listed on the Agenda. Any member of the City Council, staff or the public may request an item be removed from the Consent Calendar for discussion or separate action. Unless otherwise specified in the request to remove an item from the Consent Calendar, all items removed shall be considered immediately following action on the remaining items on the Consent Calendar.

3.1. Waive reading in full of all ordinances on the Agenda.

Approve.

Recommended Action:

Staff ReportAttachments:

3.2. Confirmation of warrant registers dated September 1, 9, 15, 23, and 29, 2022.

Approve.

Recommended Action:

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4 City Council Agenda October 11, 2022
Staff ReportAttachments:

3.3. Approval of minutes of the City of Orange City Council Regular Meeting held on September 13, 2022, and Adjourned Regular Meeting held on September 27, 2022.

Approve minutes as presented.

Recommended Action:

Staff Report
September 13, 2022, Regular Meeting minutes
September 27, 2022, Adjourned Regular Meeting minutes
Attachments:

3.4. Agreement with Robertson Industries, Inc. for maintenance and repair of rubberized play surface material for tot lots in four City parks.

Approve agreement with Robertson Industries, Inc. in an amount of $ 80,625 and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Maintenance Services Agreement
Playground Systems, Installation, Services, and Related Items with Region 4 Education Services Center and OMNIA agreement
Attachments:

3.5. Affordable Housing Agreement between the City of Orange and Mercy Housing California 107, L.P. (Relates to Agenda Item 8.3)

1. Approve the Affordable Housing Agreement between the City of Orange and Mercy Housing California 107, L .P. and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $576,000 from the Low and Moderate Income Housing Asset (921) unreserved fund balance to expenditure account number 921.9810.56571.30210 - Rehab/Dev Loans - Villa St. Joseph.

3. Authorize the appropriation of $372,756 from Affordable Housing (916) unreserved fund balance to expenditure account number 916.9810.56571.30210 - Rehab/Dev Loans - Villa St. Joseph.

4. Authorize the City Manager to make minor language changes to agreement, related attachments, and documents if needed and execute on behalf of the City.

Recommended Action:

Staff Report
Affordable Housing Agreement
Pro Forma
Attachments:

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5 City Council Agenda October 11, 2022

3.6. Historic Property Preservation Agreements (Mills Act Contracts) for six qualified historic properties.

Approve six Mills Act Contracts between the City of Orange and the identified property owners for the preservation and rehabilitation of qualified historic properties, and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Table Summary of Six Mills Act Applications
Mills Act Contract MAC 413.0-22 with photograph
Mills Act Contract MAC 414.0-22 with photograph
Mills Act Contract MAC 415.0-22 with photograph
Mills Act Contract MAC 416.0-22 with photograph
Mills Act Contract MAC 417.0-22 with photograph
Mills Act Contract MAC 418.0-22 with photograph
Attachments:

3.7. First Amendment to the Agreement with Gillis & Panichapan Architects, Inc. for the Corporation Yard Renovations Project.

Approve the first amendment with Gillis & Panichapan Architects, Inc. in the amount of $49,565 for additional design services for the Corporation Yard Renovations Project, and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
First Amendment with Gillis & Panichapan Architects, Inc.

Attachments:

3.8. Second Amendment to the Agreement with Merchants Building Maintenance, LLC, for additional custodial services.

1. Approve the amendment with Merchants Building Maintenance, LLC. In the amount of $24,149.04 for custodial services and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $24,149.04 from the General Fund unreserved fund balance to expenditure account number 100.0000.51670.30200, General Fund - 517 W. Struck Transition.

Recommended Action:

Staff Report
Second Amendment to Agreement with Merchants Building
Maintenance
Attachments:

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3.9. Appropriation of $ 40,887.28 in State of California Office of Emergency Services funding received.

1. Accept into the City ’s revenue budget $40,887.28 in strike team reimbursement funds from the California Office of Emergency Services (Cal-OES), into revenue account number 100. 3024.48212.40301, Reimbursement from Cal EMA.

2. Authorize the appropriation of $40,784.19 into expenditure account number 100. 3024.50221.40284, Overtime-Safety.

3. Authorize the appropriation of $103.09 into expenditure account number 100.3024.53860.40284, Strike Team Expenditures.

Recommended Action:

Staff ReportAttachments:

3.10. Appropriation of $ 30,000 in designated donation funding received from the Friends of the Orange Public Library.

1. Accept into the City ’s budget a $30,000 donation from Friends of the Orange Public Library into revenue account number 100.2001.48390.19990, General Fund - Friends of the Library.

2. Authorize the appropriation of $30,000 into the following expenditure account numbers in the General Fund for Friends of the Orange Public Library:
$ 2,200 100.2001.53011.19990 Employee Appreciation 3,000 100.2001.53301.19990 Library Books
10,750 100.2001.55131.19990 Furniture, Machinery, and Equipment 5,300 100.2014.53340.19990 Craft Supplies
2,750 100.2016.53340.19990 Craft Supplies
6,000 100.2017.53340.19990 Craft Supplies
Recommended Action:

Staff ReportAttachments:

3.11. Appropriation of $ 30,487 in designated grant funding received from California Library Literacy Services.

1. Accept into the City ’s revenue budget a $30,487 grant from California Library Literacy Services, into revenue account number 100.2001.45290.30190, General Fund - California Library Literacy Services Grant.

2. Authorize the appropriation of $30,487 to California Library Literacy Services Grant into the following expenditure account numbers:
$20,000 100.2001.50312.30190 Part-time Misc. Salaries
10,487 100.2001.53001.30190 Materials and Supplies
Recommended Action:

Staff ReportAttachments:

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3.12. Appropriation of $ 55,594.87 from the Old Towne West Metrolink Parking Structure parking revenue collected during the Orange International Street Fair to be used for maintenance costs.

1. Accept into the City ’s revenue budget $55,594.87 in Metrolink Parking Structure funds from the parking fees into revenue account 100.0000.48380.17006, General Fund - Street Fair Metrolink Parking.

2. Authorize the appropriation of $55,594.87 into expenditure account number 100.5028.51450.20421, General Fund - Other Maintenance Metrolink Parking Structure.

Recommended Action:

Staff ReportAttachments:

3.13. Claims for Damages.

Deny the following claims and refer to City Attorney and Claims Adjuster:

1. Smoketree Orange HOA

2. Kimberly Barbara Lizotte

3. Lori Bauman
Recommended Action:

Staff ReportAttachments:

3.14. Award of Contract to Paint & D écor, Inc. for Orange Library Interior Facility Rehabilitation; Bid No. 22-23.08.

1. Authorize the appropriation of $115,000 from the Library Facility Fees unreserved fund balance to expenditure account number 573.5028.56020.20461, Library Facility Fees - Main Library Facility Improvements.

2. Approve the contract with Paint & D écor, Inc. in the amount of $848,585, representing an original bid amount of $737,900, plus a 15% contingency of $110,685 and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Bid Abstract
Contract with Painting & Decor, Inc.

Attachments:

3.15. Award of Contract to Commercial Interior Resources for Carpet Replacement at City Hall Public Works and Community Development Departments and at the Orange Police Department.

Approve the contract with Commercial Interior Resources for $ 241,616 to furnish and install new carpet and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

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8 City Council Agenda October 11, 2022
Staff Report
Contract with Commercial Interior Resources
Attachments:

3.16. Award of Contract to Hardy & Harper, Inc. for Cannon Street at Serrano Avenue Intersection Improvements; Bid No. 22-23.05.

1. Authorize the appropriation of $631,814 from the Reimbursable Capital Projects unreserved fund balance to expenditure account number 550.5011.56330.20383 Cannon & Serrano Intersection Modification.

2. Accept into the City ’s revenue budget $631,814 in grant funds from the OCTA ’s Comprehensive Transportation Funding Program.

3. Approve the contract with Hardy & Harper, Inc. in the total amount of $759,000, representing the bid amount of $690,000 plus a 10% contingency of $69,000, for Cannon Street at Serrano Avenue Intersection Improvements, and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Bid Abstract
Contract with Hardy & Harper, Inc
Attachments:

3.17. Authorize purchase of vehicles and equipment for various departments using a Cooperative Purchasing Agreement.

1. Approve the purchase of one Ambulance from Red Sky Emergency Vehicles for $445,082.

2. Approve the purchase of four Post Rotary Hoists for a total of $52,609.

3. Authorize the donation of the existing fleet hoists to Queretaro, Mexico.

Recommended Action:

Staff Report
Letter from Bomberos Queretaro
Attachments:

3.18. Authorize purchase of security platform equipment and services from Siemens Industry, Inc. for Fiscal Year 2022-2023.

Approve the purchase of security platform equipment and services from Siemens Industry, Inc. for $30,000 for Fiscal Year 2022-2023.

Recommended Action:

Staff ReportAttachments:

3.19. Support for ballot measure to strengthen local planning authority. Resolution No . 11414.

Adopt Resolution No. 11414. A Resolution of the City Council of the City of Orange supporting the League of California Cities to support a ballot measure to strengthen Recommended Action:

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9 City Council Agenda October 11, 2022
local planning authority.

Staff Report
Resolution No. 11414
Attachments:

3.20. City of Orange Conflict of Interest Code amendment. Resolution No. 11415.

Adopt Resolution No. 11415. A Resolution of the City Council of the City of Orange adopting an amended Conflict of Interest Code pursuant to the Political Reform Act of 1974.

Recommended Action:

Staff Report
Attachment 1 - Resolution No. 11415 with Exhibit A
Attachment 2 - Legislative Version of Exhibit A
Attachment 3 - Notice of Intention
Attachments:

3.21. Approval of tax exchange agreement with the City of Anaheim as part of a reorganization of city boundaries. Resolution No. 11418.

Adopt Resolution No. 11418. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11349 and approving a property tax exchange agreement between the City of Anaheim and the City of Orange regarding the Santa Ana River reorganization (areas 1, 1A, 2, 3 and remaining areas) No. RO 20-06 and determining said actions are exempt from the California Environmental Quality Act Pursuant to Section 15301 (Class 1, existing facilities).

Recommended Action:

Staff Report
Resolution No. 11418 with attached Exhibit A
Attachments:

END OF CONSENT CALENDAR
* * * * * * * *

4. REPORTS FROM MAYOR MURPHY

5. REPORTS FROM COUNCILMEMBERS
An opportunity for Councilmembers to make a brief announcement, report, or request .

No action(s) will be taken pursuant to Government Code Section 54954.2(a)(3).

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6. ADMINISTRATIVE REPORTS

6.1. Proposed Permit Parking Opportunity Areas.

Adopt the parking opportunity areas 1 through 5 as described herein and shown on the attached maps.

Recommended Action:

Staff Report
City of Orange NPPP Guidelines, August 2022
August 9, 2022 City Council Staff Report: Updates to NPPP Guidelines
City of Orange Land Use Policy Map
Citywide Permit Parking Map with Proposed Parking Opportunity Areas
Attachments:

6.2. Update on the City’s Short Term Rental Program.

Receive and file.

Recommended Action:

Staff ReportAttachments:

6.3. Financial status update for Fiscal Years 2021-2022 and 2022-23.

Receive and file.

Recommended Action:

Staff ReportAttachments:

6.4. Agreement with Townsend Public Affairs, Inc. for grant writing and legislative advocacy services.

Approve agreement with Townsend Public Affairs, Inc. in the amount of $ 96,000 for legislative advocacy and grant writing services and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Townsend Public Affairs Proposal
Professional Services Agreement
Attachments:

7. REPORTS FROM CITY MANAGER

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8. PUBLIC HEARINGS

8.1. Public Hearing to consider adoption of the 2022 California Building Codes .

Resolution No. 11416 and Ordinance No. 06-22.

1. Adopt Resolution No. 11416. A Resolution of the City Council of the City of Orange setting forth findings with respect to local climatic and geographic conditions justifying amendments to the 2022 California Building Code, the 2022 California Residential Code, and the 2022 California Electrical Code.

2. Introduce and conduct First Reading of Ordinance No. 06-22. An Ordinance of the City Council of the City of Orange amending Titles 12, 13, and 15 of the Orange Municipal Code adopting and amending the 2022 editions of the California Building Standards Codes and related model codes, with appendices, relating to the building codes.

Recommended Action:

Staff Report
Resolution No. 11416
Ordinance No. 06-22
Attachments:

8.2. Public Hearing to consider adoption of the 2022 Edition of the California Fire Code amending Title 15 of the Orange Municipal Code. Resolution No. 11417 and Ordinance No. 07-22.

1. Adopt Resolution No. 11417. A Resolution of the City Council of the City of Orange setting forth findings with respect to local conditions within the City of Orange justifying modifications and changes to the California Fire Code.

2. Introduce and conduct First Reading of Ordinance No. 07-22. An Ordinance of the City Council of the City of Orange deleting Chapter 15.32, City of Orange Fire Code, in its entirety and adding Chapter 15.32, adopting and amending the 2022 California Fire Code and portions of the 2021 International Fire Code as the City of Orange Fire Code, to Title 15 (Buildings and Construction) of the Orange Municipal Code.

Recommended Action:

Staff Report
Resolution No. 11417
Ordinance No. 07-22
Attachments:

8.3. Continued Public Hearing to consider amendment to the Fiscal Year 2022-2023 Annual Action Plan to allocate HOME Investment Partnership funds to the Villa St. Joseph Affordable Housing project and approval of the preliminary award letter of HOME Investment Partnership funds to assist with gap funding needed to close on construction financing. (Continued from September 13, 2022) (Relates to Agenda Item 3.5)

1. Approve the submittal of the amended Fiscal Year 2022-2023 Action Plan to the Recommended Action:

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12 City Council Agenda October 11, 2022
U.S. Department of Housing and Urban Development for the allocation of HOME funds to the Villa St. Joseph Affordable Housing Project.

2. Authorize the appropriation of $127,487 from HOME (317) unreserved fund balance to 317.9661.56571.30210 - Rehab/Dev Loans - Villa St. Joseph.

3. Authorize the transfer of $523,757 from expenditure account number 317.9660.56510.11250 - HOME Developer Projects to expenditure account number 317.9660.56571.30210 Rehab/Dev Loans - Villa St. Joseph.

4. Authorize the City Manager to execute the preliminary award letter of $651,244 in HOME Investment Partnerships funds for the Villa St. Joseph Affordable Housing Project and for all Department of Housing and Urban Development documents related to this commitment.

5. Authorize the City Manager to make minor language changes or adjustments to commitment letter, agreement, and related documents if needed and execute on behalf of the City.

Staff Report
Draft Preliminary Award Letter
1st Amendment to the FY2022-2023 Annual Action Plan
Attachments:

9. ADJOURNMENT
The City Council will adjourn to a meeting on Tuesday, November 15, 2022, at 6:00 p.m., with Closed Session beginning at 5:00 p.m., if necessary. The November 8, 2022, Regular City Council meeting was cancelled.

The next Regular City Council meeting will be held on Tuesday, December 13, 2022, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.

I, Pamela Coleman, CMC, City Clerk for the City of Orange, do hereby declare, under penalty of perjury, that a full and correct copy of this agenda was posted pursuant to Government Code Section 54950 et. seq., at the following locations: Orange Civic Center kiosk and Orange City Clerk's Office at 300 E. Chapman Avenue, Orange Main Public Library at 407 E. Chapman Avenue, Police facility at 1107 N. Batavia Street, and uploaded to the City's website www.cityoforange.org.

Date posted: October 6, 2022

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13 Agenda Item
City Council
Item #: 3.1. 10/11/2022 File #: 22-0541
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Waive reading in full of all ordinances on the Agenda.

2. SUMMARY
This item asks the City Council to waive the reading in full of all ordinances on the agenda (if any) and approve their reading by title only.

State law requires that all ordinances be read in full either at the time of the introduction or at the time of passage, unless a motion waiving further reading is adopted by a majority of the City Council (Gov.

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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14 Agenda Item
City Council
Item #: 3.1. 10/11/2022 File #: 22-0541
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Waive reading in full of all ordinances on the Agenda.

2. SUMMARY
This item asks the City Council to waive the reading in full of all ordinances on the agenda (if any) and approve their reading by title only.

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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15 Agenda Item
City Council
Item #: 3.2. 10/11/2022 File #: 22-0542
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Confirmation of warrant registers dated September 1, 9, 15, 23, and 29, 2022.

2. SUMMARY
The warrant writings for the above listed dates are on file in the Office of the City Clerk for Council reference.

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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16 Agenda Item
City Council
Item #: 3.2. 10/11/2022 File #: 22-0542
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Confirmation of warrant registers dated September 1, 9, 15, 23, and 29, 2022.

2. SUMMARY
The warrant writings for the above listed dates are on file in the Office of the City Clerk for Council reference.

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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17 Agenda Item
City Council
Item #: 3.3. 10/11/2022 File #: 22-0564
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Approval of minutes of the City of Orange City Council Regular Meeting held on September 13, 2022, and Adjourned Regular Meeting held on September 27, 2022.

2. SUMMARY
Submitted for your consideration and approval are the minutes of the above meetings.

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· September 13, 2022, Regular Meeting minutes
· September 27, 2022, Adjourned Regular Meeting minutes City of Orange Printed on 10/6/2022Page 1 of 1
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18 Agenda Item
City Council
Item #: 3.3. 10/11/2022 File #: 22-0564
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Approval of minutes of the City of Orange City Council Regular Meeting held on September 13, 2022, and Adjourned Regular Meeting held on September 27, 2022.

2. SUMMARY
Submitted for your consideration and approval are the minutes of the above meetings.

3. RECOMMENDED ACTION
Approve minutes as presented.

MINUTES - DRAFT
The City Council of the City of Orange, California convened on September 13, 2022, at 5:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
5:00 PM CLOSED SESSION

1. ROLL CALL

Present: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy

Absent: None
Councilmember Tavoularis joined Closed Session at 5:05 p.m.

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None

3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:01 p.m. with all Members present, except Councilmember Tavoularis who joined Closed Session at 5:05 p.m. to discuss the following:
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) - One case Name of case: Mary's Kitchen, et al. v. City of Orange
United States District Court Case No. 8:21-cv-01483-JVS-KES b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957.

Title: City Manager
RECESS TO REGULAR MEETING: At 6:05 p.m. the City Council recessed from Closed Session to a Regular Meeting in the Council Chamber.

The City Council reconvened in Closed Session at 9:45 p.m. with all Members present.

4. CLOSED SESSION REPORT
None

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5. ADJOURNMENT
Closed Session was adjourned at 10:40 p.m.
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Murphy called the meeting to order at 6:13 p.m.

1.1 INVOCATION
Given by Pastor Kevin Zimmerman from Friends Church Orange.

1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Ana Gutierrez.

1.3 ROLL CALL

Present: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy

Absent: None

1.4 PRESENTATIONS/ANNOUNCEMENTS
Proclamation Recognizing Hunger Action Month.

Orange International Street Fair Presentation - Senior Assistant to City Manager Aaron Schulze provided a brief summary and overview of the 2022 Street Fair.

Fire Paramedic Membership Program Presentation /Station 1 Grand Opening - EMS Manager Bryan Johnson provided a brief presentation about the Fire Paramedic Membership program and announced the public is invited to a grand opening celebration of Fire Station 1 on October 6 at 2:00 p.m.

Councilmember Monaco announced the annual Creek Clean -up Day will take place Saturday, September 17.

Mayor Murphy announced that the November 8, 2022, Regular City Council meeting is cancelled and a meeting will be scheduled on Tuesday, November 15, 2022.

2. PUBLIC COMMENTS
Public Speakers:

The following spoke in opposition of a proposed cemetery near Palmyra Avenue :

Sharon Galasso, Arnie Kimeldorf, Caren Wolf, Sunny, and Alan Kinkaid.

Bernie Galasso discussed Council decorum.

Carole Walters praised the 9/11 event in Orange.

Barbara Sanchez expressed concerns with speeding traffic on Cambridge and Taft.

Pat Buttress thanked Water Division staff for their assistance on a personal water matter and invited the Council to the Orange Rotary RibFest event on October 16 at Chapman Crafted Beer.

Rebecca Martinez, Library Board of Trustees Member, invited Council and the community to the Comic Convention at the Orange Public Library on September 17.

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21 City Council Minutes - Draft September 13, 2022
Adrienne Gladson discussed concerns with open space.

Joann K. discussed medical grievances.

Written Public Comment
Janice Brownfield emailed in support of creating an Environmental and Sustainability Committee.

3.1. Waive reading in full of all ordinances on the Agenda.

ACTION: Approved.

3.2. Confirmation of warrant registers dated July 29, August 2, 4, 12, 18, and 26, 2022.

ACTION: Approved.

3.3. Approval of minutes of the Regular meeting of the City of Orange City Council held on August, 9, 2022.

ACTION: Approved minutes as presented.

3.4. Second Amendment to Attorney Services Agreement with Everett Dorey LLP to provide legal services, including representation and defense of the City, relative to the termination of the License Agreement with Mary’s Kitchen.

A speaker card was submitted for Item 3.4; therefore, the item was removed from the Consent Calendar for separate consideration.

Public Speaker:

Brian Brinkerhoff spoke in opposition of approval.

ACTION: A motion was made by Councilmember Monaco, seconded by Mayor Murphy, to: 1) Authorize the appropriation of $ 50,000 from the General Fund unreserved fund balance to expenditure account number 100.0301.51600.00000, General Fund - Legal Services; and 2) Approve the Second Amendment to Attorney Services Agreement with Everett Dorey LLP in the amount of $ 50,000; and authorize the Mayor and City Clerk to execute on behalf of the City. The motion carried by the following vote:

Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:

NoneNoes:

NoneAbsent:

3.5. Agreement with City of Santa Ana for Fiscal Year 2020-2021 Urban Areas Security Initiative grant.

Note: Councilmember Barrios abstained due to a potential conflict with employment.

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22 City Council Minutes - Draft September 13, 2022
ACTION: Approved the agreement with the City of Santa Ana for Fiscal Year 2020-2021 Urban Areas Security Initiative grant and authorized the City Manager to execute on behalf of the City.

3.6. Agreement with the State of California Office of Traffic Safety for the Selective Traffic Enforcement Program for Federal Fiscal Year 2022-2023.

ACTION: 1) Approved grant agreement no. PT23135 with the State of California Office of Traffic Safety in the amount of $ 300,000 for the Selective Traffic Enforcement Program grant and authorized the City Manager to execute on behalf of the City; 2) Accepted into the City ’s revenue budget a $ 300,000 grant from the California Office of Traffic Safety into revenue account number 100.4041.45290.30209, General Fund - OTS STEP Grant FY 23; and 3) Authorized the appropriation of $ 300,000 into the following Traffic Program expenditure accounts: $257,356 100.4041.50221.30209, Overtime - Safety OTS Grant 22-23; $ 23,937 100.4041.50222.30209, Overtime - Miscellaneous OTS Grant 22-23; $ 661 100.4041.51840.30209, Local Training OTS Grant 22-23; $18,046 100.4041.55131.30209, Equipment OTS Grant 22-23.

3.7. First Amendment to Agreement with Transportation Studies, Incorporated for On-Call Traffic Data Collection Services.

ACTION: Approved the Amendment to Agreement with Transportation Studies, Incorporated for On -Call Traffic Data Collection Services; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.8. Agreement with Fortel Traffic, Inc. for As -needed Procurement, Installation, and Maintenance of Speed Radar Feedback Signs and Related Electrical Devices.

ACTION: Approved the agreement with Fortel Traffic, Inc. in the amount not -to-exceed $100,000 for As -needed Procurement, Installation, and Maintenance of Speed Radar Feedback Signs and Related Electrical Devices; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.9. Agreement with Triad Consulting & System Design Group, L .L.C. for security consulting services.

ACTION: 1) Authorized the appropriation of $ 25,000 from the Capital Bond Proceeds unreserved fund balance to expenditure account number 553.1601.56033.20347, Capital Bond Proceeds - Enterprise Access System; and 2) Approved the agreement with Triad Consulting & System Design Group, L .L.C. in the amount of $ 25,000 for security consulting services, and authorized the Mayor and City Clerk to execute on behalf of the City.

3.10. Appropriation of $ 80,000 from the California Energy Commission to be used for upgrading existing automated permit processing program.

ACTION: 1) Accepted into the City ’s revenue budget $ 80,000 in CalAPP funds from the California Energy Commission into revenue account 550.5013.45290.30208 , Reimbursable Capital Projects - CalAPP; and 2) Authorized the appropriation of $80,000 in the following expenditure account number 550.5013.56572.30208 , Reimbursable Capital Projects - CalAPP.

3.11. Rejection of all bids for Annual Concrete Replacement Phase I, Fiscal Year 2022-2023; Bid No. 22-23.04.

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23 City Council Minutes - Draft September 13, 2022
ACTION: Rejected all bids received and authorized the re -advertisement of this project with new Bid No. 22-23.09.

3.12. Approval of plans and specifications for Plaza Park Safety Enhancement Project; and authorization to advertise for bids.

ACTION: Approved plans and specifications and authorized advertising for Bid No . 22-23.13 (SP-4230).

3.13. Claims for Damages.

ACTION: Denied the following claims and referred to City Attorney and Claims Adjuster:

1. Rowena Tobias

2. Jennifer Vaughn

3. Courtnie Minchaca

4. D’anel Winsor

5. Yvonne Lewis

6. Daniel Kanu

7. Dina Marysol Cruz De Leon

3.14. Final Acceptance of Bid No. 20-21.07; Fire Station No. 1 and Headquarters; and authorization to file Notice of Completion.

ACTION: Accepted Fire Station No. 1 and Headquarters (SP-4071) as complete, and authorized staff to file Notice of Completion with the County Recorder.

3.15. Authorize purchase of twenty -nine vehicles and equipment for various departments using a Cooperative Purchasing Agreement.

Item 3.15 was removed from the Consent Calendar for separate consideration by Councilmember Dumitru.

Councilmember Dumitru indicated that Bomberos Queretaro (Sister City Queretaro, Mexico's Fire Department) has requested to be considered as a donation recipient of any outdated equipment. In response to Council's questions, Public Works Director Chris Cash explained that staff will be requesting authorization to purchase new hydraulic lifts for the City's fleet mechanics at next month's Council meeting and will seek approval of a donation of hydraulic lifts to Sister City Queretaro, Mexico at the same time.

ACTION: A motion was made by Councilmember Dumitru, seconded by Councilmember Monaco, to: 1) Approve the purchase of one Pierce Tiller Arrow XT Fire Engine from South Coast Fire Equipment for $ 1,037,766; 2) Authorize the replaced Fire Seagrave Pumper, 2003 Seagrave, to be donated to Queretaro, Mexico; 3) Approve the purchase of one Ambulance from Red Sky for $ 444,772; 4) Approve the purchase of three Chevrolet Bolts, one Chevrolet Tahoe, one Dodge Durango, nine Ford F -150s, three Ford Explorers, one Ford Transit and five Ford Explorer Pursuits from the National Auto Fleet Group for a total of $ 972,122; 5) Approve the purchase of two backhoes and two trailers from Caterpillar for a total of $ 435,591; and 6) Approve the purchase of safety equipment and supplies needed to equip the Fire Apparatus (Engine, Ambulance, and Pursuit vehicles) from various lowest qualified vendors for a total of $553,471. The motion carried by the following vote:

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24 City Council Minutes - Draft September 13, 2022
Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:

NoneNoes:

NoneAbsent:

3.16. Authorize purchase of two Power Pro 2 gurneys from Stryker Medical as a sole source vendor.

ACTION: Approved the purchase of two Power Pro 2 gurneys from Stryker Medical for $53,458.98.

3.17. Conflict of Interest Code 2022 Local Agency Biennial Notice.

ACTION: 1) Received and filed the 2022 Local Agency Biennial Notice as submitted; 2) Determined that amendments to the City ’s Conflict of Interest Code are required to include new positions, revise titles of existing positions and delete titles of positions that have been abolished; and 3) Directed staff to prepare a resolution amending the code for City Council approval within 90 days.

Approval of the Consent Calendar
Items 3.4 and 3.15 were removed from the Consent Calendar and heard separately .

Councilmember Barrios abstained from Item 3.5. All other items were approved as recommended.

A motion was made by Councilmember Monaco, seconded by Mayor pro tem Nichols, to approve the Consent Calendar as recommended. The motion carried by the following vote:

Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:

NoneNoes:

NoneAbsent:

END OF CONSENT CALENDAR
* * * * * * * *

4. REPORTS FROM MAYOR MURPHY
None

5. REPORTS FROM COUNCILMEMBERS
Councilmember Dumitru
With Council concurrence, Councilmember Dumitru requested staff begin addressing aggressive panhandlers near freeways, street vendors, and encampments within 500 feet of schools or playgrounds and around electric boxes by amending Title 10 and Title 12 of the Orange Municipal Code.

Councilmember Dumitru provided a brief report about his visit to Sister City Queretaro, Mexico. The trip was not a City paid trip.

Councilmember Gutierrez
Councilmember Gutierrez highlighted the following local business: Taco Mesa.

Councilmember Gutierrez requested a proclamation recognizing National Hispanic Heritage Month (September 15-October 15).

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25 City Council Minutes - Draft September 13, 2022
Councilmember Monaco
Councilmember Monaco reported that he attended the League of California Cities Annual Conference as the City's voting delegate (not a City paid trip). He distributed a League of California Cities resolution supporting a ballot measure to strengthen local planning authority; and requested, with Council concurrence, that a City resolution supporting the same be added to the October 11 agenda for consideration of approval.

Councilmember Tavoularis
Councilmember Tavoularis announced a North Tustin Street Re -visioning community meeting taking place on September 28, 2022, at 5:30 p.m. in the Council Chamber .

Future meetings will be held on October 26, 2022, and January 26, 2023.

Councilmember Barrios
Councilmember Barrios highlighted the following local business: Smoqued BBQ.

6. ADMINISTRATIVE REPORTS

6.1. Grijalva Park Master Plan Update.

Community Services Director Leslie Hardy provided an update on the Grijalva Park Master Plan. She invited representatives from the Senior Center, Library Foundation, Contenders Boardshop, and GOCAT to provide an update on their respective sponsored activities.

Group Updates:

Richard Alarcon provided an update on the Mutli-generational Center.

Steve Freeman, Library Foundation, provided an update on the library.

Marc Conner, Contenders Boardshop, provided an update on the Skate Park.

Michael Short, GOCAT, provided an update on the Community Arts Theater.

Public Speakers:

The following spoke in support of the Skate Park: Brian Abbott, Jim Gray, Chantelle, Chuck Walstead, and Brian Brinkerhoff.

Written Public Comment
Robb Gallegos submitted an eComment in support of adding tennis and pickleball courts at Grijalva Park.

During discussion, Council requested a summary of environmental requirements, design, and cost for all proposed projects before developing an action plan.

A motion was made by Councilmember Dumitru, seconded by Councilmember Monaco, to receive and file. The motion carried by the following vote:

Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:

NoneNoes:

NoneAbsent:

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26 City Council Minutes - Draft September 13, 2022
RECESS: The City Council recessed at 8:54 p.m. and reconvened at 9:06 p.m. with all Members present.

6.2. Sully Miller Site Update.

Assistant City Manager /Interim Community Development Director Susan Galvan provided a staff report identifying potential options for recreational use on the Sully Miller site.

Public Speakers:

Dru Whitefeather spoke in opposition of purchasing property.

Laura Thomas spoke in opposition of purchasing property.

David Hillman spoke in opposition of purchasing property.

During discussion, Council indicated they did not support issuing bonds to acquire the property. In addition, the current property owner should be held accountable for clean up of the site. Staff confirmed the LEA has final approval and oversight of the property clean up.

A motion was made by Mayor pro tem Nichols, seconded by Mayor Murphy, to receive and file. The motion carried by the following vote:

Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:

NoneNoes:

NoneAbsent:

7. REPORTS FROM CITY MANAGER
None

8. PUBLIC HEARINGS

8.1. Public Hearing to consider amendment to the Fiscal Year 2022-2023 Annual Action Plan to allocate HOME Investment Partnership funds to the Villa St .

Joseph Affordable Housing project and approval of the preliminary award letter of HOME Investment Partnership funds for the State of California Low Income Housing Tax Credits application.

Note: Staff is requesting that the City Council continue this item to the October 11, 2022, Regular City Council meeting.

This Public Hearing was continued to the Regular City Council meeting on October 11, 2022. The item was not discussed and no action was taken.

Council recessed at 9:37 p.m. and reconvened in Closed Session at 9:45 p.m. with all Members present.

Council reconvened in Open Session at 10:40 p.m. with all Members present.

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27 City Council Minutes - Draft September 13, 2022

9. ADJOURNMENT
There being no further business, the meeting was adjourned at 10:40 p.m. to a meeting on Tuesday, September 27, 2022, at 5:00 p.m. in the Council Chamber for Closed Session.

The next Regular City Council meeting will be held on Tuesday, October 11, 2022, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
______________________ _________________________ PAMELA COLEMAN MARK A. MURPHY

CITY CLERK MAYOR

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28 City of Orange
City Council
September 27, 2022

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Tuesday, September 27, 2022, at 5:00 p.m. in an Adjourned Regular Meeting in the Council Chamber, 300 E.

Chapman Avenue, Orange, California.
5:00 PM CLOSED SESSION

1. OPENING/CALL TO ORDER
Mayor Murphy called the meeting to order at 5:00 p.m.

1.1 ROLL CALL

Present: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy

Absent: None
Councilmember Dumitru and Councilmember Gutierrez joined Closed Session at 5:05 p.m.

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None

3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:05 p.m. with all Members present to discuss the following:
a. PUBLIC EMPLOYMENT
Pursuant to Government Code Section 54957.

Title: City Manager

4. CLOSED SESSION REPORT
None

5. ADJOURNMENT
There being no further business, the meeting was adjourned at 6:42 p.m. ______________________ _________________________ PAMELA COLEMAN MARK A. MURPHY

CITY CLERK MAYOR

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29 Agenda Item
City Council
Item #: 3.4. 10/11/2022 File #: 22-0539
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Agreement with Robertson Industries, Inc. for maintenance and repair of rubberized play surface material for tot lots in four City parks.

2. SUMMARY
This agreement provides for the ongoing maintenance and repair for the rubberized safe fall zones for tot lots in four City parks, including El Camino Real, Fred Barrera, Serrano, and Steve Ambriz Parks. The agreement term is three years, with the option for one, one-year extension.

3. RECOMMENDED ACTION
Approve agreement with Robertson Industries, Inc. in an amount of $80,625 and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $80,625 and will be funded through the General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 3: Enhance and promote quality of life in the community a: Renovate, maintain, develop, and/or expand public use places and spaces.

6. DISCUSSION AND BACKGROUND
Background
The City currently maintains tot lots (playgrounds) at 16 parks. Fred Barrera, Serrano, and Steve Ambriz Parks utilize poured-in-place rubberized play surface material to constitute a safety surface while El Camino Real Park has a combination engineered wood fiber and rubberized surface (the remaining tot lots all have engineered wood fiber surfaces). Daily maintenance includes sweeping, blowing, spot cleaning, and inspection to ensure the surface is free of harmful debris and damage. All City playgrounds have the required safety surface that meets the American Society for Testing and Materials (ASTM F 1292-99) Specification for Impact Attenuation of Surface Systems under and City of Orange Printed on 10/6/2022Page 1 of 2
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30 Item #: 3.4. 10/11/2022 File #: 22-0539
around playground equipment.

Discussion
In addition to the daily maintenance, the rubberized surfaces also require annual maintenance which includes pressure washing, re-coating, and repair. Staff is recommending Robertson Industries, Inc. (Robertson) to provide tot lot rubberized play surface maintenance and repair services. The City has had a positive experience with Robertson, as they have provided these services in the past.

Robertson, a Playcore Company, is covered under national cooperative agreement #R220203 between Playcraft, a Playcore Company, and Region 4 Education Service Center and OMNIA Partners. The pricing structure for all services under this proposed agreement will be per the OMNIA awarded rates. As such, competitive bidding for these services has already taken place and the City may utilize this agreement for covered services without additional competitive bidding.

The maintenance program includes a variety of efforts applied to each surface, depending on need and, as such, the cost varies each year. The contractor’sproposal and the compensation schedule reflect the annual not-to-exceed amounts. The agreement also includes an option for a one-year term extension per the contractor’sproposal (based on approved OMNIA rates in 2025) to be executed by the City Manager.

The total expenditure for this three-year agreement is $80,625. The annual not to exceed amount for current Fiscal Year 2022-23 is $29,995. Each year of the remaining term of the agreement is dependent upon City Council approval of sufficient funds for the agreement as part of the annual budget process.

7. ATTACHMENTS
· Maintenance Services Agreement
· Playground Systems, Installation, Services, and Related Items with Region 4 Education Services Center and OMNIA agreement
City of Orange Printed on 10/6/2022Page 2 of 2
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31 Agenda Item
City Council
Item #: 3.4. 10/11/2022 File #: 22-0539
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Agreement with Robertson Industries, Inc. for maintenance and repair of rubberized play surface material for tot lots in four City parks.

3. RECOMMENDED ACTION
Approve agreement with Robertson Industries, Inc. in an amount of $80,625 and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $80,625 and will be funded through the General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 3: Enhance and promote quality of life in the community a: Renovate, maintain, develop, and/or expand public use places and spaces.

6. DISCUSSION AND BACKGROUND
Background
The City currently maintains tot lots (playgrounds) at 16 parks. Fred Barrera, Serrano, and Steve Ambriz Parks utilize poured-in-place rubberized play surface material to constitute a safety surface while El Camino Real Park has a combination engineered wood fiber and rubberized surface (the remaining tot lots all have engineered wood fiber surfaces). Daily maintenance includes sweeping, blowing, spot cleaning, and inspection to ensure the surface is free of harmful debris and damage. All City playgrounds have the required safety surface that meets the American Society for Testing and Materials (ASTM F 1292-99) Specification for Impact Attenuation of Surface Systems under and City of Orange Printed on 10/6/2022Page 1 of 2
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32 Item #: 3.4. 10/11/2022 File #: 22-0539
around playground equipment.

7. ATTACHMENTS
· Maintenance Services Agreement
· Playground Systems, Installation, Services, and Related Items with Region 4 Education Services Center and OMNIA agreement
City of Orange Printed on 10/6/2022Page 2 of 2
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33 MAINTENANCE SERVICES AGREEMENT
[Maintenance Services for Tot-Lots]

THIS MAINTENA NCE SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of ______________________, 2022 by and between the CITY OF ORANGE, a municipal corporation (“City”) and ROBERTSON INDUSTRIES, INC., an Arizona corporation (“Contractor”), who agree as follows.

1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A ,” which is attached hereto and incorporated herein by this refere nce. As a material inducement to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The services which are the subject of this Agreement are not in the usual course of City’s business and City relies on Contractor’s representation that it is independently engaged in the business of providing such services and is experienced in performin g the work. Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner in conformance with the standards of quality normally observed by an entity providing such services to a municipal agency. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.

Paul Miller, Parks Maintenance Supervisor (“City’s Project Manager”), shall be the person to whom Contractor will report for the performance of services hereunder. It is understood that Contractor’s performance hereunder shall be under the supervisio n of City’s Project Manager (or designee), that Contractor shall coordinate its services hereunder with City’s Project Manager to the extent required by City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of City’s Project Manager and the City Manager.

In addition to the scope of work set forth in Exhibit “A” hereto to be performed by the Contractor in accordance with the terms of this Agreement, the parties recognize that additional work and services may be requested and authorized from time to time by the City. If the Contractor determines that the City approves the amount of compensation payable to Contractor for such additional services, such additional services and compensation shall be memorialized in the form of an amendment to this Agreement in a form acceptable to the City Attorney, reflecting the scope of services and the amount of compensation payable to the Contractor. At such time as the City’s Project Manager determines that additional services are needed, the Contractor shall provide a budget or a revision thereof, upon request therefore by the City’s Project Manager, which will include a projection of recommended steps to be taken in the assigned matter and range of costs for each step. The budget shall call for an estimate of the Contractor’s hours and fees and disbursements during each phase and activity. The budget should include the anticipated cost for each line item , the time allotted to complete it and the professional level of the person handling it. The budget is not a fixed fee agreement and is subject to revision.

34 2
The Initial Term of the Agreement is three (3) years (the “Initial Term”), commencing July 1, 2022 and expiring June 30, 2025 (the “Expiration Date”); provided, however, that the City has the right to extend the term of this Agreement for the following extension and upon the following terms:

• Extension (the “Extension Term”) commencing on July 1, 2025 and terminating on June 30, 2026, in an annual amount not to exceed TWENTY THOUSAND SIX HUNDRED FIFTY THREE DOLLARS and 00/100 ($20,653.00).

The City Manager is hereby authorized on behalf of the City to give written notice to the Contractor of the City’s intention to exercise each Extension (if at all) no later than thirty (3 0) days prior to the Expiration Date of the then expiring Extension; provided, however, that the City’s notice of its intention to extend the term of this Agree ment for the Extension Term shall be expressly conditioned upon and subject to the approval by the City Council, in its sole and absolute discretion, of an amount sufficient to pay the compensation set forth herein for the Extension Term as part of its annual budget approval process prior to the beginning of the Extension Term. While the parities acknowledge that the City is required to give its notice of intention to extend the term of the Agreement not later than thirty (30) days prior to the Expiration Date, it is possible that the City Council’s approval of its annual budget and appropriation of funds for the Extension in question may occur thereafter.

Accordingly, if the City Council fails to approve and appropriate funds sufficient to pay the amount of compensation set forth herein for the Extension Term, this Agreement shall terminate and be of no further force and effect as of the expiration of the Initial Term. Notwithstanding anything in this provision to the contrary, in the event the City gives the Contractor written notice exercising the Extension Term and the City receives notice that appropriation of funds for the Extension Term in question are not available after the Contractor has performed services un the Extension Term, the City agrees that the Contractor will be equitably compensated for all services performed under any portion of the Extension Term through the date of termination of the Agreement. Except as specifically set forth herein, the terms and conditions of the Extension Term will be the same.

The Extension Term, if properly exercised, shall be memorialized in the form of an amendment to this Agreement. The City Manager is hereby authorized to approve and execute amendments to this Agreement reflecting the exercise of the Ext ension Term and the amount of compensation (including the amount of funds to be made available for additional work or services) payable to the Contractor for the Extension Term.

2. Total Compensation, Annual Compensation and Fee Schedule.

a. Contractor’s total compensation for all services performed under the Initial Term of this Agreement, shall not exceed EIGHTY THOUSAND SIX HUNDRED TWENTY-FIVE DOLLARS and 00/100 ($80,625.00) without the prior written authorization of City.

b. The compensation for services performed under this Agreement shall be paid as specified in Exhibit “B.”

c. The above fee shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto and equipment rental, and all related expenses.

35 3

3. Payment.

a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.

b. All such invoice s shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed.

c. City will pay Contractor the amount invoiced within thirty (30) days after the approval of the invoice.

d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.

4. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by City as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, and adjustment of the compensation to be paid by City to Contractor.

5. Licenses. Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal l aw to perform the work contemplated by this Agreement and that Contractor and its subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Agreement.

6. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement.

City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may b e required for furnishing services pursuant to this Agreement.

Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that it and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long -term disability or workers' compensation insurance benefits.

7. Contractor Not Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City i n any capacity whatsoever as an agent.

Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.

36 4

8. Designated Persons. Except as otherwise authorized by City’s Project Manager, only the employees of Contractor shall perform work provided for under this Agreement. It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.

9. Assignment or Subcontracting . No assignment or subcontractin g by Contractor of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has had the prior written approval of City. City may terminate this Agreement rather than accept any propos ed assignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager or designee.

10. Reserved.

11. Time Is of the Essence . Time is of the essence in this Agreement. Con tractor shall do all things necessary and incidental to the prosecution of Contractor's work.

12. Reserved.

13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its control, other than those delays caused by City, shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional cost s can be paid that exceed the not to exceed amount stated in Section 2.a, above, absent a written amendment to this Agreement.

14. Reserved.

15. Equal Employment Opportunity . During the performance of this Agreement, Contractor agrees as follows:

a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicant s are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Such actions shall include, but n ot be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to pos t in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Cont ractor, state that all qualified applicants will receive consideration f or 37 5
employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

16. Conflicts of Interest . Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a contractor to influence any decision of City in which Contractor knows or has reason to know that Contractor, its of ficers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code.

17. Indemnity.

a. To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:

(1) Any and all cl aims under worker s’ compensation acts and other employee benefit acts with respect to Contractor’s employees or subcontractor’s employees arising out of Contractor’s work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and

(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person , firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, i njury, death or damage caused by the active negligence or willful misconduct of City.

Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Inde mnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.

b. Reserved.

c. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement.

d. The indemnities set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors. 38 6

18. Insurance.

a. Contractor shall carry workers’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any workers ’ compensation benefits under any City program.

b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) One Million Dollars ($1,000,000) per occurrence; or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis.

c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non - owned and hired vehicles and be written on an occurrence basis.

d. Any insurance proceeds in excess of or broader than the minimum require d coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement.

e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an addition al insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Agreement.

f. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy. Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.

g. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.

39 7
h. All insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide.

i. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City. In such a case, City may procure insurance or self -insure the risk and charge Contractor for such costs and any and all damages resulting therefrom, by way of set-off from any sums owed Contractor.

j. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.

k. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein.

19. Termination. City may for any reason terminate this Agreement by giving Contractor not less than five (5) days ’ written notice of intent to terminate. Upon receipt of such notice, Contractor shall immediately cease work, unless the notice from City provides otherwise. Upon the termination of this Agr eement, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold a ny disputed compensation. City shall not be liable for any claim of lost profits.

20. Maintenance and Inspection of Records . In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Cont ractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement.

Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days ’ notice from City, and copies thereof shall be furnished if requested.

21. Compliance with Laws/Background.

a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement.

b. The work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, t o the extent Contractor’s employees will perform any work that falls within any of the 40 8
classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all such workers and shall comply with all statutory requirements thereunder . Statutory provisions for penalties for failure to comply with prevailing wage laws will be enforced. The general prevailing wage determinations for c rafts can be located on the web site of the Department of Industrial Relations (www.dir.ca.gov/DLSR).

Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.

c. Contractor represents and warrants that it:

(1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and

(2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and

(3) Has properly maintained, and shall at all times during t he term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and

(4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.

d. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.

e. Contractor shall require all subcontractors to make the same representations and warranties as set forth herein.

f. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City.

g. All personnel performing any services to City under this Contract shall possess sufficient experience and security records to perform the work at public facilities. Contractor shall conduct and complete, to City’s satisfaction, sufficient background check s to ensure no personnel 41 9
performing services under this Contract is listed on the National Sex Offender Public Registry (“NSOPR”). Contractor shall monitor personnel security records to ensure no existing or new employees performing services under this Contract are added to the NSOPR or convicted of any crimes that would disqualify them from adhering to conduct conducive to public safety.

h. All costs associated with the documentation and verification required herein shall be borne by Contractor. Contractor shall require all subcontractors to provide the same documentation and verification when hired to perform services under this Contract. City has the right, in its sole and absolute discretion, to reject any employee of Contractor assigned to perform services for City, with or without cause, at the time of such assignment or at any time thereafter, and Contractor shall remove that employee from providing services to City to the extent permitted by law and any applicable collective bargaining agreement. City’s rights under this Article shall not be exercised in an arbitrary or capricious manner, or with the intent of forcing a termination of this Contract

i. Contractor agrees to indemnify and hold City, its officials, and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement.

22. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Contractor agrees to submit to the jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California.

23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any work performed which is inconsistent with or in violation of the provisions of this Agreement shall not be compensated.

24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within 3 days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.

“CONTRACTOR” “CITY”

Robertson Industries, Inc. City of Orange
2414 West 12th Street, Suite 5 300 E. Chapman Avenue Tempe, AZ 85281 Orange, CA 92866-1591
Attn.: Vince Brantley Attn.: Paul Miller

Telephone: (714) 904-8219 Telephone: (714) 532-6472 E-Mail: [email protected] E-Mail: [email protected]

42 10

25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.

IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.

“CONTRACTOR” “CITY”

ROBERTSON INDUSTRIES, INC, an CITY OF ORANGE, a municipal corporation Arizona corporation

*By: By:

Printed Name: Mark A. Murphy, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning
Senior Assistant City Attorney

*NOTE: The City requires the following signature(s) on behalf of the Contractor:
-- (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 43 EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
44 CITY OF ORANGE
3-Year Maintenance Agreement for FOUR (4) Parks starting September 2022 with an option to extend agreement 1 additional year based on extension of OMNIA Contract OMNIA #R220203 – April 30, 2022 to April, 30 2025

SCOPE OF WORK (Work to be completed in September of each year):
(A) Inspect Park, Pressure Wash Pad and Equipment and Repair up to 10 SF of PIP per Location.

(B) Inspect Park, Pressure Wash Pad and Equipment, Repair up to 10 SF of PIP per Location and provide a Tot Turf ReFresh Aromatic Roll Coat
Notes:
• Robertson’s to make non-binding recommendations for any additional work not included in this agreement.
• Additional Repairs over the 10 SF per location will be charged at $20 per SF for Wear Course and $30 per SF for Wear Course with Buffing Repairs. • Fencing and security to be the responsibility of the City. • City and RRS to confirm schedule in June of each year.

LOCATIONS:

El Camino Real Park - 400 N Main St., Orange, CA
Fred Barrera Park - 8380 E Serrano Ave., Orange, CA
Serrano Park - 2399 Apache Creek Dr., Orange, CA
Steve Ambriz Memorial Park - 611 Riverbend Parkway, Orange, CA

2 022
Fred Barrera Park - 3200 SF (B)
Serrano Park - 4600 SF (B)
Steve Ambriz Park - 11000 SF (A)
El Camino Real - 2127 SF (B)
Total $29,995
2 023
Fred Barrera Park - 3200 SF (A)
Serrano Park - 4600 SF (A)
Steve Ambriz Park - 11000 SF (B)
El Camino Real - 2127 SF (A)
Total $20,635

2024
Fred Barrera Park - 3200 SF (B)
Serrano Park - 4600 SF (B)
Steve Ambriz Park - 11000 SF (A)
El Camino Real - 2127 SF (B)
Total $29,995
Ad
tl. 1-Year Extension (OMNIA Exp. Date)
2025
Fred Barrera Park - 3200 SF (A)
Serrano Park - 4600 SF (A)
Steve Ambriz Park - 11000 SF (B)
El Camino Real - 2127 SF (A)
Total $20,653

45 EXHIBIT “B”

COMPENSATION FOR SERVICES

[Beneath this sheet.]
46 Contract Year Fiscal Year Annual Amount
Year 1 July 1, 2022-June 30, 2023 29,995.00$
Year 2 July 1, 2023-June 30, 2024 20,635.00$
Year 3 July 1, 2024-June 30, 2025 29,995.00$
80,625.00$
Extension Term July 1, 2025-June 30, 2026 20,653.00$
TOTAL
Annual Compensation - Robertson Industries, Inc.
47 Region 4 Education Service Center (ESC)
Contract # R220203
for
Playground Systems, Installation, Services, and Related Items with
P
laycraft Systems LLC
E
ffective: May 1, 2022
48 The following documents comprise the executed contract between the Region 4 Education Service Center and Placraft Systems LLC, effective May 1, 2022:

I. V
endor Contract and Signature Form
II. Supplier’s Response to the RFP, incorporated by reference 49 CO
NTRACT
2 combination of initial and renewal periods) not to exceed five years. Any tasks or project agreements executed against this Master Agreement during the effective term may survive beyond the expiration of the Master Agreement as established and agreed to by both parties. 3) Scope: Contractor shall perform all duties, responsibilities and obligations, set forth in this agreement, and described in the RFP, incorporated herein by reference as though f ully set forth herein.
4) Form of Contract. The form of Contract shall be the RFP, the Offeror’s proposal and Best and Final Offer(s).
5) Order of Precedence. In the event of a conflict in the provisions of the Contract as accepted by Region 4 ESC, the following order of precedence shall prevail:
i. This Contract
ii. Offeror’s Best and Final Offer
iii. Offeror’s proposal
iv. RFP and any addenda
6) Commencement of Work. The Contractor is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives a purchase order for such work or is otherwise directed to do so in writing by Region 4 ESC. 7) Entire Agreement (Parol evidence). The Contract, as specified above, represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable. 8) Assignment of Contract. No assignment of Contract may be made without the prior written approval of Region 4 ESC. Contractor is required to notify Region 4 ESC when any material change in operations is made (i.e. bankruptcy, change of ownership, merger, etc.). 9) Novation. If Contractor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor in interest must guarantee to perform all obligations under this Contract. Region 4 ESC reserves the right to accept or reject any new party. A ch ange
of
name agreement will not change the contractual obligations of Contractor. 10) Contract Alterations. No alterations to the terms of this Contract shall be valid or binding unless authorized and signed by Region 4 ESC.
11) Adding Authorized Distributors/Dealers. Contractor is prohibited from authorizing additional distributors or dealers, other than those identified at the time of submitting their proposal, to sell under the Contract without notification and prior written approval from Region 4 ESC.

Contractor must notify Region 4 ESC each time it wishes to add an authorized distributor or dealer. Purchase orders and payment can only be made to the Contractor unless otherwise approved by Region 4 ESC. Pricing provided to members by added distributors or dealers must also be less than or equal to the Contractor’s pricing. 12) TERMINATION OF CONTRACT
a) Cancel lation for Non-Performance or Contractor Deficiency. Region 4 ESC may terminate the Contract if purchase volume is determined to be low volume in any 12 -month period.

Region 4 ESC reserves the right to cancel the whole or any part of this Contract due t o 51 CO
NTRACT
3 failure by Contractor to carry out any obligation, term or condition of the contract. Region 4 ESC may issue a written deficiency notice to Contractor for acting or failing to act in any of the following:
i. Providing material that does not meet the specifications of the Contract; ii. Providing work or material was not awarded under the Contract; iii. Failing to adequately perform the services set forth in the scope of work and specifications;
iv. Failing to complete required work or furnish required materials within a reasonable amount of time;
v. Failing to make progress in performance of the Contract or giving Region 4 ESC reason to believe Contractor will not or cannot perform the requirements of the Contract; or
vi. Performing work or providing services under the Contract prior to receivi ng an
aut
horized purchase order.

U
pon receipt of a written deficiency notice, Contractor shall have ten (10) days to provide a satisfactory response to Region 4 ESC. Failure to adequately address all issues of concern may result in Contract cancellation. Upon cancellation under this paragraph, all goods, materials, work, documents, data and reports prepared by Contractor under the Contract shall immediately become the property of Region 4 ESC. b) Termination for Cause. If, for any reason, Contractor fails to fulfill its obligation in a timely manner, or Contractor violates any of the covenants, agreements, or stipulations of this Contract Region 4 ESC reserves the right to terminate the Contract immediately and
pur
sue all other applicable remedies afforded by law. Such termination shall be effective by delivery of notice, to the Contractor, specifying the effective date of termination. In such event, all documents, data, studies, surveys, drawings, maps, models and reports prepared by Contractor will become the property of the Region 4 ESC. If such event does occur, Contractor will be entitled to receive just and equitable compensation for the satisfactory work completed on such documents.
c) Delivery/Service Failures. Failure to deliver goods or services within the time specified, or within a reasonable time period as interpreted by the purchasing agent or failure to make replacements or corrections of rejected articles/services when so requested shall constitute grounds for the Contract to be terminated. In the event Region 4 ESC must purchase in an open market, Contractor agrees to reimburse Region 4 ESC, within a reasonable time period, for all expenses incurred.
d) Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be
s
uspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome s
uch inability with all reasonable dispatch.

The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied 52 CO
NTRACT
4 with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. e) Standard Cancellation. Region 4 ESC may cancel this Contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will ceas e
f
ollowing completion of final purchase order.
13) Licenses. Contractor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by Contractor. Contractor shall remain fully informed of and in compliance with all ordinances and regulations pertaining t
o the lawful provision of services under the Contract. Region 4 ESC reserves the right to stop work and/or cancel the Contract if Contractor’s license(s) expire, lapse, are suspended or terminated.
14) Survival Clause . All applicable software license agreements, warranties or service agreements that are entered into between Contractor and Region 4 ESC under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. A ll
P
urchase Orders issued and accepted by Contractor shall survive expiration or termination of the Contract.
15) Delivery. Conforming product shall be shipped within 7 days of receipt of Purchase Order. If delivery is not or cannot be made within this time period, the Contractor must receive authorization for the delayed delivery. The order may be canceled if the estimated shippi ng t
ime is not acceptable. All deliveries shall be freight prepaid, F.O.B. Destination and shall be included in all pricing offered unless otherwise clearly stated in writing. 16) Inspection & Acceptance. If defective or incorrect material is delivered, Region 4 ESC may make the determination to return the material to the Contractor at no cost to Region 4 ESC.

The Contractor agrees to pay all shipping costs for the return shipment. Contractor shall be responsible for arranging the return of the defective or incorrect material. 17) Payments. Payment shall be made after satisfactory performance, in accordance with all provisions thereof, and upon receipt of a properly completed invoice. 18) Price Adjustments. Should it become necessary or proper during the term of this Contract to make any change in design or any alterations that will increase price, Region 4 ESC must be notified immediately. Price increases must be approved by Region 4 ESC and no payment for additional materials or services, beyond the amount stipulated in the Contract shall be paid without prior approval. All price increases must be supported by manufacturer documentation, or a formal cost justification letter. Contractor must honor previous prices for thirty (30) days after approval and written notification from Region 4 ESC. It is the Contractor’s responsibility to keep all pricing up to date and on file with Region 4 ESC. All price changes must be provided to Region 4 ESC, using the same format as was provided and accepted in the Contractor’s proposal.

Price reductions may be offered at any time during Contract. Special, time-limited reductions are permissible under the following conditions: 1) reduction is available to all users equally; 2) reduction is for a specific period, normally not less than thirty (30) days; and 3) original price is not exceeded after the time-limit. Contractor shall offer Region 4 ESC any published price reduction during the Contract term.
53 CO
NTRACT
5 19) Audit Rights. Contractor shall, at its sole expense, maintain appropriate due diligence of all purchases made by Region 4 ESC and any entity that utilizes this Contract. Region 4 ESC reserves the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. Region 4 ESC shall have the authority to conduct random audits of Contractor’s pricing at Region 4 ESC's sole cost and expense.

Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing being offered that is materially inconsistent with the pricing under this agreement, Region 4 ESC shall have the ability to conduct an extensive audit of Contractor’s pricing at Contractor’s sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a third- party auditing firm. In the event of an audit, the requested materials shall be provided in the format and at the location designated by Region 4 ESC.
20) Discontinued Products. If a product or model is discontinued by the manufacturer, Contractor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model.
21) New Products/Services. New products and/or services that meet the scope of work may be added to the Contract. Pricing shall be equivalent to the percentage discount for other products. Contractor may replace or add product lines if the line is replacing or supplementing products, is equal or superior to the original products, is discounted similarly or greater than the original discount, and if the products meet the requirements of the Contract. No products and/or services may be added to avoid competitive procurement requirements. Region 4 ESC may require additions to be submitted with documentation from Members demonstrating an interest in, or a potential requirement for, the new product or service. Region 4 ESC may reject any additions without cause.
22) Options. Optional equipment for products under Contract may be added to the Contract at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2) the option is an enhancement to the unit that improves performance or reliability.
23) Warranty Conditions. All supplies, equipment and services shall include manuf acturer's minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in writing.
24) Site Cleanup. Contractor shall clean up and remove all debris and rubbish resulting from their work as required or directed. Upon completion of the work, the premises shall be left in good repair and an orderly, neat, clean, safe and unobstructed condition. 25) Site Preparation. Contractor shall not begin a project for which the site has not been prepared, unless Contractor does the preparation work at no cost, or until Region 4 ESC includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to:
moving furniture, installing wiring for networks or power, and similar pre- installati on
r
equirements.
26) Registered Sex Offender Restrictions. For work to be performed at schools, Contractor agrees no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or are reasonably expected to be present. Contractor agrees a violation of this condition shall be considered a 54 CO
NTRACT
6 material breach and may result in the cancellation of the purchase order at Region 4 ESC’s discretion. Contractor must identify any additional costs associated with compli ance of this term. If no costs are specified, compliance with this term will be provided at no additional charge.
27) Safety measures. Contractor shall take all reasonable precautions for the safety of employees on the worksite and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Contractor shall post warning signs against all hazards created by its operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage.
28) Smoking. Persons working under the Contract shall adhere to local smoking policies.

Smoking will only be permitted in posted areas or off premises. 29) Stored materials. Upon prior written agreement between the Contractor and Region 4 ESC, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials must be provided to Region 4 ESC prior to payment. Such materials must be stored and protected in a secure location and be insured for their full value by the Contractor against loss and damage. Contractor agrees to provide proof of coverage and additionally insured upon request. Additionally, if stored offsite, the materials must also be clearly identified as property of Region 4 ESC and be separated from other materials. Region 4 ESC must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by Region 4 ESC, it shall be the Contractor's responsibility to protect all materials and equipment. Contractor warrants and guarantees that title for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance. 30) Funding Out Clause. A Contract for the acquisition, including lease, of real or personal property is a commitment of Region 4 ESC’s current revenue only. Region 4 ESC retains the right to terminate the Contract at the expiration of each budget period during the term of the Contract and is conditioned on a best effort attempt by Region 4 ESC to obtain appropriate funds for payment of the contract.
31) Indemnity. Contractor shall protect, indemnify, and hold harmless both Region 4 ESC and its administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the Contractor, Contractor employees or subcontractors in the preparation of the solicitation and the later execution of the Contract.

Any litigation involving either Region 4 ESC, its administrators and employees and agents will be in Harris County, Texas.
32) Marketing. Contractor agrees to allow Region 4 ESC to use their name and logo within website, marketing materials and advertisement. Any use of Region 4 ESC name and logo or any form of publicity, inclusive of press releases, regarding this Contract by Contractor must have prior approval from Region 4 ESC.
33) Certificates of Insu rance. Certificates of insurance shall be delivered to the Region 4 ESC prior to commencement of work. The Contractor shall give Region 4 ESC a minimum of ten (10)
day
s’ notice prior to any modifications or cancellation of policies. The Contractor shall require all subcontractors performing any work to maintain coverage as specified. 55 CO
NTRACT
7 34) Legal Obligations. It is Contractor’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services and shall comply with all laws while fulfilling the Contract. Applicable laws and regulation must be followed even if not specifically identified herein.
35) Authorized Distributors/Subs. Should an Awarded Offeror utilize distributors and/or dealers that have been approved, Participating Public Agencies may choose to issue work directly to the distributor and/or dealer if allowed by the Awarded Offeror and Participating Public Agency.
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�� 67 Playcraft
123 North Valley Drive
Grants Pass, OR 97526
Job Categories
Race/Ethnicity
Hispanic Or
Latino
Non-Hispanic Or Latino
TOTAL
S
Male Female
Mal
e
Femal
e White
Black or
African
American
Native
Hawaiian or
Other Pacific
Islander
Asian
Native
American or
Alaska Native
Two or more
races White
Black or
African
American
Native
Hawaiian or
Other Pacific
Islander
Asian
Native
American or
Alaska Native
Two or more
races
(1.1) Executive/Senior Level Officials and Managers 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (1.2) First/Mid-Level Officials and Managers 1 0 7 0 0 0 0 0 1 0 0 0 0 0 9 (2) Professionals 0 0 4 0 0 0 0 0 0 0 0 0 0 0 4
(3) Technicians 0 0 10 0 0 0 0 1 1 0 0 0 0 0 12
(4) Sales Workers 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
(5) Administrative Support Workers 1 0 9 0 0 0 0 1 12 0 0 0 0 0 23 (6) Craft Workers 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
(7) Operatives 14 2 18 0 0 0 0 1 2 0 0 0 0 0 37
(8) Laborers and Helpers 14 1 49 2 0 0 0 1 6 0 0 0 0 0 73 (9) Service Workers 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Totals 30 3 97 2 0 0 0 4 22 0 0 0 0 0 158

EEO-1 Report For FEIN 814605698 FROM 12/07/2020 TO 12/13/2020

Generated (10/22/2021 9:24 AM) Page 1 of 1
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69 1755 Atlantic Blvd., Auburn Hills, MI 48326
IPEMA Playground Equipment Certification Program
Annual Inspection Report
Inspection Type:

Initial Inspection:

Annual/Subsequent Inspection:

Date(s) of This Inspection:

Participant:

Inspection Address:

Certification to Standard(s):

Inspection Results:

Facility Approval
ASTM F1487 CSA Z614
Yes No Pending
Validator: Participant Rep:

Date: Date:

Summary Comments:

Page 1 of 6 ends

Participant: Form IPEMA 04
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�� 87 Version August 12, 2021
��Suppliers intending to do business in the State of New Jersey must comply with policies and procedures required under New Jersey statues. All offerors submitting proposals must complete the following forms specific to the State of New Jersey. Completed forms should be submitted with the offeror’s response to the RFP. Failure to complete the New Jersey packet will impact OMNIA Partners’ ability to promote the Master Agreement in the State of New Jersey.DOC #1 Ownership Disclosure Form DOC #2 Non-Collusion AffidavitDOC #3 Affirmative Action AffidavitDOC #4 Political Contribution Disclosure FormDOC #5 Stockholder Disclosure CertificationDOC #6 Certification of Non-Involvement in Prohibited Activities in IranDOC #7 New Jersey Business Registration CertificateNew Jersey suppliers are required to comply with the following New Jersey statutes when applicable:all anti-discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A. 10:2-14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38;Prevailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the contemplation of the Act;Public Works Contractor Registration Act, N.J.S.A. 34:11-56.26; andBid and Performance Security, as required by the applicable municipal or state statutes. 88 Version August 12, 2021
DOC #1��N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)�� Sole Proprietorship (skip Parts II and III, execute certification in Part IV)Non-Profit Corporation (skip Parts II and III, execute certification in Part IV)For-Profit Corporation (any type) Limited Liability Company (LLC) PartnershipLimited PartnershipLimited Liability Partnership (LLP)Other (be specific):______________________________________________��The list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. (��) ��No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be. (��) (Please attach additional sheets if more space is needed):�� 89 Version August 12, 2021
�� ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the information on each such person. ��.�� the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II ��. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been listed.��I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the bidder/proposer; that the ��is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the completion of any contracts with ��to notify the ��in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the, permitting the ��to declare any contract(s) resulting from this certification void and unenforceable.Full Name (Print):Title:�� 90 Version August 12, 2021
Signature: Date:DOC #2��Name of Form:��Statutory Reference:No specific statutory referenceState Statutory Reference N.J.S.A. 52:34-15Instructions Reference:Statutory and Other Requirements VII-H Description:The Owner’s use of this form is optional. It is used to ensure that the bidder has not participated in any collusion with any other bidder or Owner representative or otherwise taken any action in restraint of free and competitive bidding. ��
91 Version August 12, 2021
��State of New Jersey County of _________________ ss:I, ________________________________ residing in ___________________________________ (name of affiant) (name of municipality)in the County of _______________________________ and State of _____________________of full age, being duly sworn according to law on my oath depose and say that:I am _____________________________________ of the firm of _________________________ (title or position) (name of firm)_____________________________________ the bidder making this Proposal for the bid entitled ______________________________, and that I executed the said proposal with ��title of bid proposal)full authority to do so that said bidder has not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named project; and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that the ______________ _________________________relies upon the truth ofthe statements contained in said Proposal (name of contracting unit)and in the statements contained in this affidavit in awarding the contract for the said project.I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by _________________________________________________.Subscribed and sworn tobefore me this day _____________________________ Signature________________, 2____ ___________________________________ (Type or print name of affiant under signature) _____________________________Notary public ofMy Commission expires _______________(Seal) ��Sales ManagerPlaycraft Systems, LLC.Playground Systems, Installation, Service and Related ItemsRegion 4 ESC 92 Version August 12, 2021
DOC #3��Indicate below company’s compliance with New Jersey Affirmative Action regulations. Company’sproposal will be accepted even if company is not in compliance at this time. No contract and/or purchase order may be issued, however, until all Affirmative Action requirements are met.��Procurement, Professional & Service Contracts (Exhibit A)Vendors must submit with proposal:1. A photo copy of their Federal Letter of Affirmative Action Plan ApprovalOR2. A photo copy of their Certificate of Employee Information ReportOR3. A complete Affirmative Action Employee Information Report (AA302) __________ ��A. No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form AA201-A upon receipt from the B. Approved Federal or New Jersey Plan – certificate enclosed I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief. _____________________________________________________�� Sales ManagerNovember 10, 2021
Playcraft Systems, LLC.123 North Valley DriveGrants Pass, OR 97526 93 Version August 12, 2021
DOC #3, continued��During the performance of this contract, the contractor agrees as follows:The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non-discrimination clause.The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation.The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act.The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent with the applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time.The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the state of New Jersey and as established by applicable Federal law and applicable Federal court decisions.The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay-off to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27). 94 Version August 12, 2021
________________________________________________
Signature of Procurement Agent
Contractor
________________
Kyle Fauley, Sales Manager
95 Version August 12, 2021
DOC #4�� This page provides guidance to public agencies entering into contracts with business entities that are required to file Political Contribution Disclosure forms with the agency. ��What follows are instructions on the use of form local units can provide to contractors that are required to disclose political contributions pursuant to N.J.S.A. 19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in Local Finance Notice 2006-1 (http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). Please refer back to these instructions for the appropriate links, as the Local Finance Notices include links that are no longer operational.1. The disclosure is required for all contracts in excess of $17,500 that are �� pursuant to a “fair and open” process (N.J.S.A. 19:44A-20.7).2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract documents or in an appropriate computer file and be available for public access. ��The text should be amended if electronic submission will not be allowed.3. The submission must be �� on file at least 10 days prior to award of the contract. Resolutions of award should reflect that the disclosure has been received and is on file.4. The contractor must disclose contributions made to candidate and party committees covering a wide range of public agencies, including all public agencies that have elected officials in the county of the public agency, state legislative positions, and various state entities. The Division of Local Government Services recommends that contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and political committees of the officials and candidates affected by the disclosure.a. The Division has prepared model disclosure forms for each county. They can be downloaded from the “County PCD Forms” link on the Pay-to-Play web site at http://www.nj.gov/dca/divisions/dlgs/programs/lpcl.html#12.They will be updated from time-to-time as necessary.b. A public agency using these forms ��(s). As the forms are county-based, ��in each county. ��c. Some contractors may find it easier to provide a single list that covers all contributions, regardless of the county. These submissions are appropriate and should be accepted.d. The form may be used “as-is”, subject to edits as described herein.e. The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are printed on the back of the form; where that is not the case, the text should be edited accordingly.f. The form is a Word document and can be edited to meet local needs, and posted for download on web sites, used as an e-mail attachment, or provided as a printed document.5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract (See Local Finance Notice 2006-7 for additional information on this obligation at http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). A sample Certification form is part of this package and the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable to Boards of Education. 96 Version August 12, 2021
DOC #4, continued�� Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to: any State, county, or municipal committee of a political partyany legislative leadership committee��any continuing political committee (a.k.a., political action committee)any candidate committee of a candidate for, or holder of, an elective office:oof the public entity awarding the contractoof that county in which that public entity is locatedoof another public entity within that countyoor of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the countyThe disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions.N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following:individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profitall principals, partners, officers, or directors of the business entity or their spousesany subsidiaries directly or indirectly controlled by the business entityIRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity and filing as continuing political committees, (PACs).When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the disclosure.Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the amount that the business entity failed to report.The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement.The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public Records Act.The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law.�� N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly or the Minority Leader of the General Assembly pursuant to 97 Version August 12, 2021
section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the purpose of receiving contributions and making expenditures.” 98 Version August 12, 2021
DOC #4, continued��Required Pursuant to N.J.S.A. 19:44A-20.26��Part I – Vendor InformationVendor Name:Address:City: State: Zip:The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form._______________________ _______________________ ________________________Signature Printed Name Title��Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit.Check here if disclosure is provided in electronic form�� $ Check here if the information is continued on subsequent page(s) Kyle FauleySales ManagerPlaycraft Systems LLC123 North Valley DrGrants PassOR97526 99 Version August 12, 2021
DOC #4, continued�� State: Governor, and Legislative Leadership CommitteesLegislative District #s: State Senator and two members of the General Assembly per district.County: Freeholders County Clerk Sheriff{County Executive} SurrogateMunicipalities (Mayor and members of governing body, regardless of title):USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM THE PAY TO PLAY SECTION OF THE DLGS WEBSITE A COUNTY-BASED, CUSTOMIZABLE FORM. 100
Version August 12, 2021
DOC #5��I certify that the list below contains the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the undersigned. ��I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.��PartnershipCorporationSole Proprietorship Limited PartnershipLimited Liability CorporationLimited Liability PartnershipSubchapter S Corporation��Stockholders:Name: Name: Home Address: Home Address: Name: Name:Home Address: Home Address: Name: Name: Home Address: Home Address: Subscribed and sworn before me this ___ day of ___________, 2__.(Notary Public)My Commission expires:��(Affiant)��(Print name & title of affiant)(Corporate Seal) 101
Version August 12, 2021
DOC #6��Pursuant to N.J.S.A. 52:32-58, Offerors must certify that neither the Offeror, nor any of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32 – 56(e) (3)), is listed on the Department of the Treasury’s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32 – 56(f). Offerors wishing to do business in New Jersey through this contract must fill out the Certification of Non-Involvement in Prohibited Activities in Iran here: http://www.state.nj.us/humanservices/dfd/info/standard/fdc/disclosure_investmentact.pdf.Offerors should submit the above form completed with their proposal. 102
Version August 12, 2021
DOC #7��Offerors wishing to do business in New Jersey must submit their State Division of Revenue issued Business Registration Certificate with their proposal here. Failure to do so will disqualify the Offeror from offering products or services in New Jersey through any resulting contract.https://www.njportal.com/DOR/BusinessRegistration/ 103
DOC #8 ��Equal Employment Opportunity/Affirmative Action Goods, Professional Services & General Service Projects��Vendors are required to submit evidence of compliance with N.J.S.A. 10:5-31 et seq. andN.J.A.C.17:27 in order to be considered a responsible vendor.��of the following must be included with submission:Copy of Letter of Federal ApprovalCertificate of Employee Information ReportFully Executed Form AA302Fully Executed EEO-1 ReportSee the guidelines at: http://www.state.nj.us/treasury/contract_compliance/pdf/pa.pdf for further information.I certify that my bid package includes the required evidence per the above list and State website.Name: ______________________________ Title: _____________________Signature: ___________________________ Date: _____________________Kyle FauleySales ManagerNovember 10, 2021 104
Version August 12, 2021
��I, the undersigned, certify that I am authorized to execute this certification on behalf of the Vendor/Bidder, that theforegoing information and any attachments hereto, to the best of my knowledge are true and complete. I acknowledge that the State of New Jersey is relying on the information contained herein, and that the Vendor/Bidder is under a continuing obligation from the date of this certification through the completion of any contract(s) with the State to notify the State in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I doso, I will be subject to criminal prosecution under the law, and it will constitute a material breach of ��agreement(s) with the State, permitting the State to declare any contract(s) resulting from this certification to be void and unenforceable.

DOC #9 ��_____________________��Pursuant to Public Law 1995, c. 134, a responsible Vendor/Bidder selected, after public bidding, by the Director of the Division of Purchase and Property, pursuant to N.J.S.A. 52:34-12, must complete the certification below by checking one of the two options listed below and signing where indicated. If a Vendor/Bidder that would otherwise be awarded a purchase, contract or agreement does not complete the certification, then the Director may determine, in accordance with applicable law and rules, that it is in the best interest of the State to award the purchase, contract or agreement to another Vendor/Bidder that has completed the certification and has submitteda bid within five (5) percent of the most advantageous bid. If the Director finds contractors to be in violation of the principals that are the subject of this law, he/she shall take such action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of theparty.I, the undersigned, on behalf the Vendor/Bidder, certify pursuant to N.J.S.A. 52:34-12.2 that:��The Vendor/Bidder has no business operations in Northern Ireland; orORThe Vendor/Bidder will take lawful steps in good faith to conduct any business operations it has in Northern Ireland in accordance with the MacBride principals of nondiscrimination in employment as set forth in section 2 of P.L. 1987, c. 177 (N.J.S.A. 52:18A-89.5) and in conformance with the United Kingdom’s Fair Employment (Northern Ireland) Act of 1989, and permit independent monitoring of its compliance with those principals.��Signature DatePrint Name and Title �� Kyle Fauley, Sales ManagerNovember 10, 2021
#22-02Playcraft Systems, LLC.
105

January 01, 2021

RE: Playcraft Systems — IPEMA, USCPSC, Safety and Accessibility Compliance

Dear Customer:

The playground equipment manufactured under the name Playcraft Systems, when properly installed, and over compliant surfacing, meets or exceeds the current design of safety guidelines found in the CAN/CSA Z614 -20, ASTM F -1487 -17, ADA and the Consumer Product Safety Commission (USCPSC), where applicable, for playground designed for public use.

Additionally, Playcraft Systems is a member of the International Play Equipment Manufacturers Association (IPEMA), with IPEMA Certified products. IPEMA provides Third Party Certification service whereby a designated independent laboratory validates a manufacture’s certification of conformance to ASTM F -1487.

We also offer a wide range of accessible equipment designed to meet the latest guidelines developed by the Federal Access Board.

Please feel free to contact me with any questions.

Sincerely,

C.J. Schatza
Vice President/General Manager
Playcraft Systems. LLC
(541) 955 -9199, ext. 101

123 North Valley Drive, Grants Pass, OR 97526
www.playcraftsytems.com 541 -955 -9199
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FEMA SPECIAL CONDITIONSAwarded Supplier(s) may need to respond to events and losses where products and services are needed for the immediate and initial response to emergency situations such as, but not limited to, water damage, fire damage, vandalism cleanup, biohazard cleanup, sewage decontamination, deodorization, and/or wind damage during a disaster or emergency situation. By submitting a proposal, the Supplier is accepted these FEMA Special Conditions required by the Federal Emergency Management Agency (FEMA).“Contract” in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as the “Master Agreement”.“Contractor” in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as “Supplier” or “Awarded Supplier”.Conflicts of InterestNo employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a FEMA award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties, has a financial or other interest in or a tangible personal benefit from a firm considered for award. 2 C.F.R. § 200.318(c)(1); See also Standard Form 424D, ¶ 7; Standard Form 424B, ¶ 3. i. FEMA considers a “financial interest” to be the potential for gain or loss to the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties as a result of the particular procurement. The prohibited financial interest may arise from ownership of certain financial instruments or investments such as stock, bonds, or real estate, or from a salary, indebtedness, job offer, or similar interest that might be affected by the particular procurement. ii. FEMA considers an “apparent” conflict of interest to exist where an actual conflict does not exist, but where a reasonable person with knowledge of the relevant facts would question the impartiality of the employee, officer, or agent participating in the procurement. c. Gifts. The officers, employees, and agents of the Participating Public Agency nor the Participating Public Agency (“NFE”) must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, NFE’s may set standards for situations in which the financial interest is de minimus, not substantial, or the gift is an unsolicited item of nominal value. 2 C.F.R. § 200.318(c)(1). d. Violations. The NFE’s written standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the NFE. 2 C.F.R. § 200.318(c)(1). For example, the penalty for a NFE’s employee may be dismissal, and the penalty for a contractor might be the termination of the contract.Contractor IntegrityA contractor must have a satisfactory record of integrity and business ethics. Contractors that are debarred or suspended, as described in and subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension(1986) and Executive Order 12689, Debarment and Suspension(1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (Non-procurement Debarment and Suspension), must be rejected and cannot receive contract awards at any level.Public PolicyA contractor must comply with the public policies of the Federal Government and state, local government, or tribal government. This includes, among other things, past and current compliance with the: a. Equal opportunity and nondiscrimination laws b. Five affirmative steps described at 2 C.F.R. § 200.321(b) for all subcontracting under contracts supported by FEMA financial assistance; and FEMA Procurement Guidance June 21, 2016 Page IV- 7c. Applicable prevailing wage laws, regulations, and executive orders 107
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Affirmative StepsFor any subcontracting opportunities, Contractor must take the following Affirmative steps:1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.Bid GuaranteeFor proposals that are to include construction/reconstruction/renovation and related services, bids must be accompanied by Certified or Cashier's Check or an approved Bid Bond in the amount of not less than five percent (5%) of the total bid. Surety shall provide a copy of the Power of Attorney authorizing the Executing Agent the authority to execute the bid bond documents and bind the Surety to the bid bond conditions. The bid bond shall have a corporate Surety that is licensed to conduct business in the state of the lead agency and authorized to underwrite bonds in the amount of the bid bond. Prevailing Wage RequirementsWhen applicable, the awarded Contractor (s) and any and all subcontractor(s) agree to comply with all laws regarding prevailing wage rates including the Davis-Bacon Act, applicable to this solicitation and/or Participating Public Agencies. The Participating Public Agency shall notify the Contractor of the applicable pricing/prevailing wage rates and must apply any local wage rates requested. The Contractorand any subcontractor(s) shall comply with the prevailing wage rates set by the Participating Public Agency. Federal RequirementsIf products and services are issued in response to an emergency or disaster recovery the items below, located in this FEMA Special Conditions section of the Federal Funds Certifications, are activated and required when federal funding may be utilized.2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses1.REMEDIESa .Standard. Contracts for more than the simplified acquisition threshold, currently set at $250,000, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. See 2 C.F.R. Part 200, Appendix II(A).b .Applicability. This requirement applies to all FEMA grant and cooperative agreementprograms.2.TERMINATION FOR CAUSE AND CONVENIENCEa .Standard. All contracts in excess of $10,000 must address termination for cause and for 108
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convenience by the non-Federal entity, including the manner by which it will be effected and the basis for settlement. See 2 C.F.R. Part 200, Appendix II(B).b .Applicability. This requirement applies to all FEMA grant and cooperative agreementprograms.3.EQUAL EMPLOYMENT OPPORTUNITYWhen applicable:a .Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meetthe definition of “federally assisted construction contract” in 41 C.F.R.§ 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in accordance with Executive Order 11246,Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p.339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II(C).b .Key Definitions.i. Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-1.3 defines a “federally assisted construction contract” as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowedon the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work.ii. Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines “construction work” as the construction, rehabilitation, alteration, conversion, extension, demolition orrepair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.c .Applicability. This requirement applies to all FEMA grant and cooperative agreementprograms.d .Required Language. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of the following contract clause.During the performance of this contract, the contractor agrees as follows:(1)The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are 109
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employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.(2)The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or nationalorigin.(3)The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnishinformation.(4)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.(5)The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.(6)The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary ofLabor, or pursuant thereto, and will permit access to hisbooks, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.(7)In the event of the contractor's noncompliance with the nondiscrimination clauses ofthis contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.(8)The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The 110
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contractor will take such action with respect to any subcontract or purchase order as theadministering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.The applicant further agrees that it will refrain from entering into any contract or contractmodification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.4.DAVIS-BACON ACTa .Standard. All prime construction contracts in excess of $2,000 awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction). See 2 C.F.R. Part 200, Appendix II(D). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week.b .Applicability. The Davis-Bacon Act applies to the Emergency Management PreparednessGrant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. 111
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c .Requirements. If applicable, the non-federal entity must do thefollowing:i. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.ii. Additionally, pursuant 2 C.F.R. Part 200, Appendix II(D), contracts subject to the Davis-Bacon Act, must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Copeland Anti- Kickback Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA.iii. Include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and AssistedConstruction”).Suggested Language. The following provides a sample contract clause: Compliance with the Davis-Bacon Act.a .All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 asapplicable.b .Contractors are required to pay wages to laborersand mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.c .Additionally, contractors are required to pay wagesnot less than once a week.5.COPELAND ANTI-KICKBACK ACTa .Standard. Recipient and subrecipient contracts must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).b .Applicability. This requirement applies to all contracts for construction or repair work above $2,000 in situations where the Davis-Bacon Act also applies. It DOES NOT apply to the FEMA Public AssistanceProgram. 112
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c .Requirements. If applicable, the non-federal entity must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). Eachcontractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work.Sample Language. The following provides a sample contract clause:Compliance with the Copeland “Anti-Kickback” Act.a .Contractor. The contractor shall comply with 18 U.S.C. §874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.b .Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contractclauses.c .Breach. A breach of the contract clauses above may be grounds fortermination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12.”6 .CONTRACT WORK HOURS AND SAFETY STANDARDSACTa.Standard. Where applicable (see 40 U.S.C. §§ 3701-3708), all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, assupplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II(E). Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Further, no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous.b.Applicability. This requirement applies to all FEMA contracts awarded by the non- federal entity in excess of $100,000 under grant and cooperative agreement programs that involve the employment of mechanics or laborers. It is applicable to construction work. These 113
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requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission ofintelligence.c.Suggested Language. The regulation at 29 C.F.R. § 5.5(b) provides contract clause language concerning compliance with the Contract Work Hours and Safety StandardsAct. FEMA suggests including the following contract clause:Compliance with the Contract Work Hours and Safety Standards Act.(1)Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in suchworkweek.(2)Violation; liability for unpaid wages; liquidated damages.In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sumof$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.(3)Withholding for unpaid wages and liquidated damages. The Federal agency or loan/grant recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth inparagraph (b)(2) of thissection.(4)Subcontracts. The contractor or subcontractor shall insert in any subcontracts theclauses set forth in paragraph (b)(1) through (4) of thissection and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of thissection.7 .RIGHTS TO INVENTIONS MADE UNDER A CONTRACT ORAGREEMENTa.Standard. If the FEMA award meets the definition of “funding agreement” under 37C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding 114
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agreement,” the non- Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business FirmsUnder Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II(F).b.Applicability. This requirement applies to “funding agreements,” but it DOES NOT apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster CaseManagement Grant Program, and Federal Assistance to Individuals and Households –Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.”c.Funding Agreements Definition. The regulation at 37 C.F.R. § 401.2(a) defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution ofparties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.8 .CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROLACTa.Standard. If applicable, contracts must contain a provision that requires the contractor to agree to comply with all applicable standards, orders, or regulations issued pursuant tothe Clean Air Act (42 U.S.C. §§ 7401-7671q.) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II(G).b.Applicability. This requirement applies to contracts awarded by a non-federal entity of amounts in excess of $150,000 under a federalgrant.c.Suggested Language. The following provides a sample contract clause.Clean Air Act1.The contractor agrees to comply with all applicable standards, orders orregulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.2.The contractor agrees to report each violation to the Participating Public Agency and understands and agrees that the Participating Public Agency will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriateEnvironmental Protection Agency Regional Office.3.The contractor agrees to include these requirements in each subcontractexceeding $150,000 financed in whole or in part with Federal assistance provided byFEMA.Federal Water Pollution Control Act 115
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1.The contractor agrees to comply with all applicablestandards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, asamended, 33 U.S.C. 1251 et seq.2.The contractor agrees to report each violation to the Participating Public Agency and understands and agrees that the Participating Public Agency will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.3.The contractor agrees to include these requirements in each subcontractexceeding $150,000 financed in whole or in part with Federal assistance provided byFEMA.9 .DEBARMENT AND SUSPENSIONa.Standard. Non-Federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (Non-procurement Debarment and Suspension).b.Applicability. This requirement applies to all FEMA grant and cooperativeagreement programs.c.Requirements.i .These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II(H); and 2 C.F.R. § 200.213. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declaredineligible under statutory or regulatory authority other than Executive Order 12549.SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. §180.530.i i .In general, an “excluded” party cannot receive a Federal grant award or a contract within the meaning of a “covered transaction,” to include subawards and subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a “covered transaction,” which is any non-procurement transaction (unless excepted) at either a “primary” or “secondary” tier. Although “covered transactions” do not include contracts awarded by the Federal Government for purposes of the non-procurement common rule and DHS’s implementing regulations, it does include some contracts awarded by recipients andsubrecipients.i i i.Specifically, a covered transaction includes the following contracts for goods orservices:
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1.The contract is awarded by a recipient or subrecipient in the amount of at least $25,000.2.The contract requires the approval of FEMA, regardlessof amount.3.The contract is for federally-required auditservices.4.A subcontract is also a covered transaction if it is awarded by thecontractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of$25,000.d.Suggested Language. The following provides a debarment and suspension clause. It incorporates an optional method of verifying that contractors are not excluded or disqualified.Suspension and Debarment(1)This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. §180.935).(2)The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.(3)This certification is a material representation of fact relied upon by the Participating Public Agency. If it is later determined that the contractor did not comply with 2C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Participating Public Agency, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.(4)The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.1 0 .BYRD ANTI-LOBBYING AMENDMENTa.Standard. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. FEMA’s regulation at 44 C.F.R. Part 18 implements the requirements of 31 U.S.C. § 1352 and provides, in Appendix A to Part 18, a copy of the certification that is required to be completed by each entity as described in 31 U.S.C. § 1352. Each tier must also discloseany lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Federal awarding agency. 117
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b.Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. Contractors that apply or bid for a contract of $100,000 or more under a federal grant must file the required certification. See 2 C.F.R. Part 200, Appendix II(I); 31 U.S.C. § 1352; and 44 C.F.R. Part 18.c.Suggested Language.Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.d.Required Certification. If applicable, contractors must sign and submit to the non-federal entity the following certification.APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYINGCertification for Contracts, Grants, Loans, and Cooperative AgreementsThe undersigned certifies, to the best of his or her knowledge and belief, that:1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.3.The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.This certification is a material representation of fact upon which reliance was placed 118
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when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, theContractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.Signature of Contractor’s Authorized Official Name and Title of Contractor’s Authorized OfficialDateKyle Fauley, Sales ManagerNovember 10, 2021 119
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1 1 .PROCUREMENT OF RECOVERED MATERIALSa.Standard. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. See 2 C.F.R. Part 200, Appendix II(J); and 2 C.F.R. §200.322.b.Applicability. This requirement applies to all contracts awarded by a non- federal entityunder FEMA grant and cooperative agreement programs.c.Requirements. The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactorylevel of competition, where the purchase price of the item exceeds$10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.d.Suggested Language.i.In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—1. Competitively within a timeframe providing for compliance with the contract performance schedule;2. Meeting contract performance requirements; or3. At a reasonable price.ii.Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.iii.The Contractor also agrees to comply with all other applicable requirements ofSection 6002 of the Solid Waste Disposal Act.”12.ACCESS TO RECORDSa. Standard. All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. Recipients must give DHS/FEMA access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance awardand permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. See DHS Standard Terms and Conditions: Version 8.1 (2018). Additionally, Section 1225 of the Disaster Recovery Reform Act of 2018 prohibits FEMA from providing reimbursement to any state, local, tribal, or territorial government, or private non-profit for activities made pursuant to a contract that purports to prohibit audits or internal reviews by the FEMA administrator or ComptrollerGeneral. 120
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Access to Records. The following access to records requirements apply to this contract:i.The Contractor agrees to provide Participating Public Agency, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and recordsof the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.ii.The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.iii. The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.iv.In compliance with the Disaster Recovery Act of 2018, the Participating Public Agency and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the UnitedStates.13.CHANGESa. Standard. To be eligible for FEMA assistance under the non-Federal entity’s FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope.b. Applicability. FEMA recommends, therefore, that a non-Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending onthe nature of the contract and the end-itemprocured.14.DHS SEAL, LOGO, AND FLAGSa. Standard. Recipients must obtain permission prior to using the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials. See DHS Standard Terms and Conditions: Version 8.1(2018).b. Applicability. FEMA recommends that all non-Federal entities place in their contracts a provision that a contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.c. “The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. 121

15.COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERSa. Standard. The recipient and its contractors are required to comply with all Federal laws, regulations, and executive orders.b. Applicability. FEMA recommends that all non-Federal entities place into their contracts anacknowledgement that FEMA financial assistance will be used to fund the contract along with the requirement that the contractor will comply with all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives.c. “This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.”16.NO OBLIGATION BY FEDERALGOVERNMENTa. Standard. FEMA is not a party to any transaction between the recipient and its contractor. FEMA is not subject to any obligations or liable to any party for any matter relating to thecontract.b. Applicability. FEMA recommends that the non-Federal entity include a provision in its contract that states that the Federal Government is not a party to the contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.c. “The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.”17.PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTSa. Standard. Recipients must comply with the requirements of The False Claims Act (31 U.S.C.§§ 3729-3733) which prohibits the submission of false orfraudulent claims for payment to the federal government. See DHS Standard Terms and Conditions: Version 8.1 (2018); and 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made. The non-Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38(Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract.b. Applicability. FEMA recommends that the non-Federal entity include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract.c. “The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.” 122
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Offeror agrees to comply with all terms and conditions outlined in the FEMA Special Conditions section of this solicitation. Offeror’s Name:______________________________________________Address,City, State, and ZipCode:_____________________________________________________________________________PhoneNumber: ________________________ Fax Number: ______________________________Printed Name and Title of AuthorizedRepresentative: ____________________________________________________________EmailAddress: _____________________________________________Signature of Authorized Representative: ____________________________________Date:________________________________Playcraft Systems LLC123 North Valley Dr, Grants Pass, OR 97526541-955-9199541-955-6130Kyle Fauley, Sales [email protected] 10, 2021 123
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QUALITY

CRAFTSMANSHIP
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PLAYCRAFT SYSTEMS ®
1 Over 28 years ago we set out to make the best commercial playgrounds the world had ever seen. To do that, we knew we would have to raise the bar. So we created a new and better way of doing things... setting a higher industry standard.

The Playcraft Systems Higher Standard means we don’t settle for less than the best. From complete and consistent in-house manufacturing, to the finest materials, to the best and thickest finishes, Playcraft Systems sets the standard in craftsmanship.

CRAFTSMANSHIP TIES GREAT IDEAS TO GREAT PRODUCTS.
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PLAYCRAFT SYSTEMS ®
2 FIT AND FINISH
Our metal components are precision welded,
hand-cleaned, sandblasted, phosphate washed
and sealed thoroughly in a multi-stage bath. Then
covered with epoxy primer, and finally powder-
coated and baked, yielding an average coating
thickness of over 12 mils. An industry first. That
discernible Playcraft Systems shine and durability
is just another way we raise the bar on quality.

Superior Welds
12+ mil thick
average
powder-coat
finish
11-12 gauge extra
thick steel tube
for strength and
durability
Playcraft
Standard
Inferior Welds
2-5 mil average
powder-coat
finish
Thinner gauge
steel tube
Industry
Standard
King-Clamp™ System
We lead the industry in clamping and fastening technology with our King Clamp. A clamp that allows multiple attachment points for improved installation times, simplified assembly, and clean value priced design flexibility.

VS
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PLAYCRAFT SYSTEMS ®
3 VS

ROTO-MOLDING
At Playcraft Systems, our team of designers
and engineers utilize advanced technology and
materials to design and manufacture the modern
plastic products that our customers deserve and
expect. Roto-Molding each plastic component with
extra thick walls, using advanced compounded
resins with top performing U.V. stabilizers ensures
our products outperform the industry with extra
strong, colorfast plastics. Plastics that withstand
tough use and harsh environments.

High Performance, Hot
Color-Compounded
Resins
Components molded
extra thick and
designed with double
walls for industry
leading durability
Playcraft
Standard
Lower Performance,
Dry-blend Resins
Components molded
thinner - compromising
durability
Industry
Standard
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PLAYCRAFT SYSTEMS ®
4 VS

DECKING
Playground decking takes a beating. From extreme
weather to active play, decks need to be tough!
And Playcraft decks are the toughest from top
to bottom. Built with extra-thick sheet steel and
reinforced with doubled-up gusseting, you won’t
find a higher quality deck in the industry. And for
the finishing touch, we dip each deck in super-thick
and durable Play-Tuff coating, the ultimate kid
friendly protection against everyday wear and tear.

Thick and durable
Play-Tuff coatings
Doubled-up gussets
for strength
Extra-thick sheet
steel construction
Playcraft
Standard
Thinner, inferior
coatings
Single gusset
construction
Standard thickness
sheet steel
Industry
Standard
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PLAYCRAFT SYSTEMS ®
5 Harvest Baptist Elementary School
Medford, Oregon
Quality control is extremely important at Playcraft
Systems. We check each piece for high quality
consistency at every step of production. Then each
piece is carefully bagged, wrapped and packed in
custom made wood pallets for prompt, safe shipping.

With every shipment come comprehensive instructions
along with a Playground Equipment Manual specific
to your project to ensure a smooth and stress-free
installation. We also include a maintenance kit to keep your playground looking great.

SHIPPING & INSTALL
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PLAYCRAFT SYSTEMS ®
6 Every product we manufacture is designed with quality, safety and value in mind. Every project we undertake is an opportunity to prove that Playcraft Systems is setting a new standard and raising the bar on quality and play expectations... one playground at a time.

INDUSTRY LEADING

WARRANTY
Playcraft Systems® warrants its products to be free from defects in materials or workmanship, when properly used, serviced and installed in accordance with published specifications, for a period of one (1) year from the original date of invoice. Playcraft Systems further warrants as follows:

LIFETIME LIMITED WARRANTY
on all stainless steel hardware, metal posts, aluminum posts, aluminum caps and aluminum clamps against structural failure due to natural deterioration or corrosion, or defects in materials or workmanship.

TWENTY - FIVE (25) YEAR LIMITED WARRANTY
on all cast aluminum Spring Rider castings against structural failure due to defects in materials or workmanship.

FIFTEEN (15) YEAR LIMITED WARRANTY
on all metal rails, metal slides, handles, rungs, loops and walls, all Play-Tuff™ coated perforated steel decks, steps, and bridges, all rotationally molded and HDPE sheet plastic components, excluding recycled plastic components, against structural failure due to defects in materials or workmanship.

TEN (10) YEAR LIMITED WARRANTY
on all shade canopy fabric made of UV Stabilized HDPE
monofilament yarn and tape against significant fading.

TEN (10) YEAR LIMITED WARRANTY
on all Play-Cord™ components against breakage.

FIVE (5) YEAR LIMITED WARRANTY
on all Play-Cord™ components against failure due to defects in materials or workmanship.

THREE (3) YEAR LIMITED WARRANTY
on all springs, moving swing parts, swing seats and other swing components, as well as all recycled plastic components against failure due to defects in materials or workmanship.

ONE (1) YEAR LIMITED WARRANTY
on any other product or part not specifically covered above against failure due to defects in materials or workmanship.

All warranties above commence on the date of the original invoice from Playcraft Systems®. For the purpose of this warranty, the term LIFETIME encompasses no specific number of years, but rather that Playcraft Systems® warrants to its original customer, for as long as the original customer owns the Products and uses the Products for their intended purpose, that any Products and all components will be free from defects in materials or workmanship. The warranty stated above is valid only if: (1) the products and structures are assembled and installed in conformity with the layout plan and installation instructions furnished by Playcraft Systems®; (2) the products have been maintained and inspected in accordance with Playcraft Systems® maintenance information and other normal and prudent practices; (3) the products have been subjected to normal use for the purpose for which the products were designed and intended; (4) the products have not been subjected to misuse, abuse, vandalism, accident or neglect; (5) the products have not been altered in any manner including, but not limited to, incorporating unauthorized or unapproved parts; and (6) the products have not been modified, altered, or repaired by persons other than Seller’s designees in any respect which, in the judgment of Seller, affects the condition or operation of the equipment. This warranty does not cover: (1) cosmetic damages or defects resulting from scratches, dents, marring, fading, discoloring or weathering; (2) damage due to extreme or prolonged exposure to “Environmental Factors”, such as wind-blown sand, salt water, salt spray and airborne emissions from industrial sources (sulfur, acids or corrosive chemicals, other than normal photochemical smog); (3) damage caused by “Acts of God”, such as hail, flooding, lightning, tornadoes, sandstorms, earthquakes, windstorms, and other extreme weather conditions; or 4) normal wear and tear. If any products covered by this warranty fail within the time period applicable to a defective product, Playcraft Systems® shall, upon being notified of the defect in writing, at its sole option, either repair the defective products or replace the defective products within 30 days of receipt of the written notification. Repair or replacement as provided in this section shall be the purchaser’s exclusive remedy and purchaser expressly agrees that Playcraft Systems® shall not be responsible for any other damages, losses, or costs, including consequential and incidental damages, claimed by purchaser. Playcraft Systems® shall deliver the repaired or replacement products to the purchaser free of charge, but shall not provide labor, reimbursements for labor or reimburse any other costs associated with the removal or disposal of the defective products and/or the installation of any replacement products. Notwithstandingthe previous sentence, Playcraft Systems® shall not pay for any costs of shipping replacement parts outside of the continental United States. Any products replaced or repaired consistent with this paragraph shall be guaranteed for the balance of the original warranty period. THIS WARRANTY IS EXCLUSIVE

AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED

OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE

REMEDIES PROVIDED HEREIN SHALL BE THE EXCLUSIVE AND SOLE REMEDIES OF THE ORIGINAL PURCHASER. PLAYCRAFT SYSTEMS® IS

NOT LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR

CONSEQUENTIAL DAMAGES WHICH MAY ARISE FROM THE PURCHASE, USE OR MISUSE OF ITS PRODUCTS. SOME STATES DO NOT ALLOW

THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION MAY NOT APPL Y. PLAY-CRAFT SYSTEMS® NEITHER

ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME OR

IMPL Y ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OR USE OF THE EQUIPMENT SOLD. To make a claim under the terms of this warranty, purchaser must submit a written statement detailing the nature of the warranty claim, including an itemization of each defective condition, along with a copy of the original invoice, maintenance records and supporting photo-graphs to Playcraft Systems®, 123 North Valley Drive, Grants Pass, Oregon 97526. Due to our on-going commitment to product development and Improvement, Playcraft Systems® reserves the right to change, modify or discontinue certain products without notice. (Rev. M) 131
1-800-333-8519
www.playcraftsystems.com
132

PLAYCRAFT SYSTEMS WARRANTY
Playcraft Systems®, warrants its products to be free from defects in materials and workmanship, when properly used, serviced and installed in accordance with published specifications, for a period of one (1) year from the original date of invoice.

Playcraft Systems® further warrants as follows:

TWENTY-FIVE (25) YEAR LIMITED WARRANTY
on all cast aluminum Spring Rider castings against structural failure due to defects in materials or workmanship.

TEN (10) YEAR LIMITED WARRANTY
on all shade canopy fabric made of UV Stabilized HDPE monofilament yarn and tape against significant fading.

TEN (10) YEAR LIMITED WARRANTY
on all Play-Cord™ cable and Net-Effects™ connectors against breakage and failure due to defects in materials or workmanship.

FIVE (5) YEAR LIMITED WARRANTY
on all Playcraft System® powder coating against cracking and/or peeling due to normal climatic exposure.

THREE (3) YEAR LIMITED WARRANTY
on all springs, Net-Effects™ rubber belting, moving swing parts, swing seats and other swing components, as well as all recycled plastic components against failure due to defects in materials or workmanship.

ONE (1) YEAR LIMITED WARRANTY
on any other product or part not specifically covered above against failure due to defects in materials and workmanship.

All warranties above commence on the date of the original invoice from Playcraft Systems® For the purpose of this warranty, the term LIFETIME encompasses no specific number of years, but rather that Playcraft Systems® warrants to its original customer, for as long as the original customer owns the Products and uses the Products for their intended purpose, that any Products and all components will be free from defects in materials and workmanship.

The warranty stated above is valid only if the products and finishes: (1) are assembled and installed in conformity with the layout plan and installation instructions furnished by Playcraft Systems®; (2) have been maintained and inspected in accordance with Playcraft Systems® maintenance information and other normal and prudent practices; (3) have been subjected to normal use for the purpose for which the products were designed and intended; (4) have not been subjected to misuse, abuse, vandalism, accident or neglect; (5) have not been altered in any manner including, but not limited to, incorporating unauthorized or unapproved parts; and (6) have not been modified, altered, or repaired by persons other than Seller's designees in any respect which, in the judgment of Seller, affects the condition or operation of the equipment.

This warranty does not cover: (1) cosmetic damages or defects resulting from scratches, dents, marring, rough handling, improper installation methods, fading, discoloring or weathering; (2) damage due to extreme or prolonged exposure to "Environmental Factors", such as wind-blown sand, salt water, salt spray and airborne emissions from industrial sources (sulfur, acids, chemicals, or corrosive agents, other than normal photochemical smog); (3) damage caused by environmental hazards and "Acts of God", such as hail, flooding, lightning, tornadoes, sandstorms, earthquakes, windstorms, and other extreme weather conditions; or (4) normal wear and tear. No warranty is made with regard to gloss retention or uniformity of gloss and color retention. If any products covered by this warranty fail within the time period applicable to a defective product, Playcraft Systems® shall, upon being notified of the defect in writing, at its sole option, either repair the defective products or replace the defective products within 60 days of receipt of the written notification.

Repair or replacement as provided in this section shall be the purchaser's exclusive remedy and purchaser expressly agrees that Playcraft Systems® shall not be responsible for any other damages, losses, or costs, including consequential and incidental damages, claimed by purchaser.

Playcraft Systems® shall deliver the repaired or replacement products to the purchaser free of charge, but shall not provide labor, reimbursements for labor or reimburse any other costs associated with the removal or disposal of the defective products and/or the installation of any replacement products. Notwithstanding the previous sentence, Playcraft Systems® shall not pay for any costs of shipping replacement parts outside of the continental United States. Any products replaced or repaired consistent with this paragraph shall be guaranteed for the balance of the original warranty period.

THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES PROVIDED HEREIN SHALL BE THE EXCLUSIVE AND SOLE REMEDIES OF THE ORIGINAL PURCHASER. PLAYCRAFT SYSTEMS® IS NOT LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE FROM THE PURCHASE, USE OR MISUSE OF ITS PRODUCTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION MAY NOT APPLY. PLAYCRAFT SYSTEMS® NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME OR IMPLY ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OR USE OF THE EQUIPMENT SOLD.

To make a claim under the terms of this warranty, purchaser must submit a written statement detailing the nature of the warranty claim, including an itemization of each defective condition, along with a copy of the original invoice, maintenance records and supporting photographs to Playcraft Systems®, 123 North Valley Drive, Grants Pass, Oregon 97526.

Due to our ongoing commitment to product development and Improvement, Playcraft Systems® reserves the right to change, modify or discontinue certain products without notice (Rev. P).
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Orange City CouncilOctober 11, 2022

Orange City Council
October 11, 2022