Agenda packet — Placentia City Council, April 19, 2022 (part 3 of 3)

Miracle
Miracle Recreation Equipment Co
PO Box 734154
Dallas TX 75373-4154 Web Site www.miracle-recreation.com Phone # 800-264-7225 Fax # 951-676-8706
E-mail [email protected]
EFFECTIVE 10/1/18

WE HAVE A NEW
REMITTANCE ADDRESS!

ALL PURCHASE ORDERS &

PAYMENTS MUST BE MADE
OUT TO:

Miracle Recreation Equipment Co
PO Box 734154
Dallas, TX 75373-4154

QUOTATION
Date
Quotation #
2/9/2022
2022-21019
Name/Billing Address
Ship To
City of Placentia
Finance Department
401 East Chapman Ave
Placentia, CA 92670
TBD
Project
Terms
Rep
FOB
Wagner Park
Net 30
John
Factory
Item
Description
Qty
Rate
Total
Surfacing
INSTALLATION ONLY OF FIBAR 312 SYSTEM.
1 5,845.25
5,845.25T
APPROXIMATELY 5,175 SQFT. TO BE BLOWN IN. PRICING

INCLUDES FABRIC UNDERLAYMENT INSTALLATION AND
SUPERVISIONS OF BLOW IN SERVICE.

Ortco Exclusions
EXCLUSIONS: DEMO AND/OR REMOVAL OF ANY EXISTING

EQUIPMENT OR STRUCTURES, SAFETY SURFACING, ASPHALT,
CONCRETE, BORDERS, CURBS, SUB -BASE AND COMPACTION.

0.00 0.00T

ANY OTHER ITEMS OTHER THAN THOSE SPECIFICALLY
STATED IN THIS QUOTE. PERMITS NOT INCLUDED. AREA TO
BE CLEAR & LEVEL. UNDERGROUND UTILITIES MUST BE
MARKED. NOT RESPONSIBLE FOR DELAYS CAUSED BY
WEATHER.

EXCLUSIONS
Footing calculations for playground equipment can be added for an additional fee if required

0.00 0.00
is uote is a i or ays
Subtotal
Sales Tax (8.75%)
Total
THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by the customer in writing or otherwise, as materials alterations, and all such proposed terms shall be void. Customer authorizes Miracle to ship the equipment and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by Miracle. Payment terms are Net 30 days from invoice with approved credit and all charges are due and payable in full at PO Box 734154 Dallas TX 75373-4154 unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax exemption certificates to Miracle, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the equipment at its own expense. Purchase orders and payments should be made to Miracle Recreation.

Page 2 ends

Signature

Miracle
Miracle Recreation Equipment Co
PO Box 734154
Dallas TX 75373-4154 Web Site www.miracle-recreation.com Phone # 800-264-7225 Fax # 951-676-8706
E-mail [email protected]
EFFECTIVE 10/1/18

WE HAVE A NEW
REMITTANCE ADDRESS!

ALL PURCHASE ORDERS &

PAYMENTS MUST BE MADE
OUT TO:

Miracle Recreation Equipment Co
PO Box 734154
Dallas, TX 75373-4154

QUOTATION
Date
Quotation #
2/9/2022
2022-21019
Name/Billing Address
Ship To
City of Placentia
Finance Department
401 East Chapman Ave
Placentia, CA 92670
TBD
Project
Terms
Rep
FOB
Wagner Park
Net 30
John
Factory
Item
Description
Qty
Rate
Total
Sourcewell
Pricing based on Miracle Recreation's Sourcewell contract

0.00 0.00
#01521-LTS (formerly known as NJPA)
This Quote is Valid for 30 Days
Subtotal $275,224.51
This quote shall not become binding until signed and delivered by both customer and Miracle Recreation "Miracle". To submit this offer, please sign and forward a Sales Tax (8.7516) $14,700.63
complete copy of this quote via fax to 877-215-3869 or email [email protected].

Total
$289,925.14
THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN Miracle objects to any other terms proposed by the customer in writing or otherwise, as materials alterations, and all such proposed terms shall be void. Customer authorizes Miracle to ship the equipment and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by Miracle. Payment terms are Net 30 days from invoice with approved credit and all charges are due and payable in full at PO Box 734154 Dallas TX 75373-4154 unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax exemption certificates to Miracle, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the equipment at its own expense. Purchase orders and payments should be made to Miracle Recreation.

Signature

Page 3 ends

Project No.

EXHIBIT B

SCHEDULE OF PERFORMANCE

Matt Brand
From:

Sent:

To:

Cc:

Subject:

Matt Brand
Tuesday, April 12, 2022 6:29 PM
Bryce Lawrence
[email protected]
RE: Schedule B Wagner Park
Bryce,
Thank you for the below Schedule of Performance. If I can be of further assistance please let me know.

Thank you,
Matthew Brand, CYSA I Coordinator I Community Services
Placentia 1401 E. Chapman Ave. Placentia, CA 92870
It 714-993-8243 I A (714-961-0283) I 21 mbrandeplacentia.org pPacks
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CONFIDENTIALITY NOTICE
This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain information that is confidential. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone at 714-993-8232 or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. Thank you.

From: Bryce Lawrence
Sent: Wednesday, March 23, 2022 3:15 PM
To: Matt Brand
Cc: [email protected]
Subject: Re: Schedule B Wagner Park
1 EXTERNAL EMAIL
If the Wagner Park playground contract is approved by Placentia City Council in April, 2022 we will order the production of the playground materials when the contract is fully executed. With current production lead times we expect to have the materials in hand some time in the month of October 2022. It will take us approximately 3 to 4 weeks weeks to complete the installation and site work. We expect the completion of the project by the end ofNovember 2022. Once we have been notified that the items have shipped we will meet and come up 1 with a more precise timeline for the installation of the playground. As stated in the contract any delays will be mutually agreed upon in writing.

On Wed, Mar 23, 2022 at 2:22 PM Matt Brand wrote:

Hello Bryce,
For Schedule B I have been using a an email with mutually agreed upon dates. Please email me a probable schedule that factors in production time and installation. We plan on taking the contract to City Council in April so you can base your time line on the contract being approved in late April.

Matthew Brand, CYSA I Coordinator I Community Services
Placentia 1401 E. Chapman Ave. Placentia, CA 92870
S 714-993-8232 18 (714-961-0283) I ® [email protected] Parks
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EXTERNAL EMAIL
Matt,
The manufacturer is looking for the below:
"They mention a schedule B with dates, but it is blank. We need to know what the substantial date of completion is on the contract."
On Thu, Mar 10, 2022 at 10:56 PM Matt Brand wrote:

John,
Attached is a draft of the contract for Wagner Park. I have attached our insurance requirement too. Please submit the contract and the insurance requirements to your risk management department to provide the appropriate insurance.

Please note that the contract will not be approved by City Council unless all of the appropriate insurance is attached. I know that the customized endorsements are not free. If for some reason this falls through send me an invoice for the cost and we will pay it.

I see insurance details holding up the contract approval and signing process more than anything else so I am hopeful we can get the insurance figured out quickly. I am out of the office next week, but that should be enough time to start the ball rolling on the Miracle side of things. Please give me a call on March 21St so we can touch base. If you need assistance before then please call 714-993-8232 and ask for my supervisor Veronica Ortiz.

Thank you,
Matthew Brand, CYSA I Coordinator I Community Services
3 Placentia 1401 E. Chapman Ave. Placentia, CA 92870
2' 714-993-8243 I A (714-961-0283) I ® mbrand�7a.placentia.orq Pars
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EXHIBIT C

INSURANCE REQUIREMENTS
Contractor shall maintain and shall require all its subcontractors, consultants, and other agents to maintain the insurance listed below. Any requirement for insurance to be maintained after completion of the work shall survive this agreement.

CITY reserves the right to review any and all of the required insurance policies and/or endorsements but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements set forth in this agreement or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this agreement.

A. Workers Compensation & Employers Liability Insurance • Workers Compensation insurance with statutory limits as required by the Labor Code of the State of California.
• Employers Liability with limits of $1,000,000 per Accident; $1,000,000 Disease per employee; $1,000,000 Disease per policy.
• The policy shall include a written waiver of the insurer's right to subrogate against CITY.
• Required Evidence of Coverage:

1. Subrogation waiver endorsement; and

2. Properly completed Certificate of Insurance.

B. General Liability Insurance
• Commercial General Liability Insurance no less broad than Insurance Services Office (ISO) form CG 00 01.
• Coverage shall be on a standard occurrence form. Claims -Made forms are not acceptable without prior written consent. Modified, limited or restricted Occurrence forms are not acceptable without prior written consent. • Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate; $2,000,000 Products/Completed Operations Aggregate. The General Aggregate

Project No.
shall apply separately to each project. The required limits may be provided by a combination of General Liability Insurance and Commercial Excess or Umbrella Liability Insurance. If contractor maintains higher limits than the specified minimum limits, CITY requires and shall be entitled to coverage for the higher limits maintained by contractor.
• Any deductible or self -insured retention shall be shown on the Certificate of Insurance. If the deductible or self -insured retention exceeds $250,000 it must be approved in advance by CITY. Contractor is responsible for any deductible or self -insured retention and shall fund it upon CITY'S written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY.
■ Coverage shall be continued for one (1) year after completion of the work. • CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the contractor. CITY shall continue to be an additional insured for completed operations for (1) year after completion of the work.
■ The policy definition of "insured contract" shall include assumptions of liability arising out of both ongoing operations and the products -completed operations hazard ("f' definition of insured contract in ISO form CG 00 01, or equivalent). • The insurance provided to the additional insureds shall be primary to, and non- contributory with, any insurance or self-insurance program maintained by them. • The policy shall cover inter -insured suits and include a "Separation of Insureds" or "severability" clause which treats each insured separately. • The policy shall be endorsed to include a written waiver of the insurer's right to subrogate against all persons or entities that are, or are required to be, additional insureds.
• The policy shall not contain a Contractors' Warranty or other similar language which eliminates or restricts insurance because of a subcontractor's failure to carry specific insurance or to supply evidence of such insurance. • Required Evidence of Coverage:

1. Copy of the additional insured endorsement or policy language granting additional insured status; (The City of Placentia, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds with respect to: liability arising out of

Project No.
activities performed by or on behalf of the Contractor and all Subcontractors pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Contractor and all Subcontractors; automobiles owned, leased, hired, or borrowed by the Contractor and all Subcontractors.)

2. Copy of the endorsement or policy language indicating that coverage applicable to the additional insureds is primary and non-contributory;

3. Properly completed Certificate of Insurance; and
C. Automobile Liability Insurance
• Minimum Limit: $1,000,000 combined single limit per accident. • Coverage shall apply to all owned, hired and non -owned vehicles. • CITY shall qualify as an additional insured.
• Required Evidence of Coverage:

1. Copy of the endorsement or policy language indicating that CITY is an insured; and

2. Properly completed Certificate of Insurance.

D. Contractors Pollution Liability Insurance
• Minimum Limits: $1,000,000 per Pollution Incident; $1,000,000 Aggregate; • Coverage shall apply to pollution incidents at or from any location at which Contractor is performing work under this agreement.
• Any deductible or self -insured retention shall be shown on the Certificate of Insurance. If the deductible or self -insured retention exceeds $25,000 it shall be approved in advance by CITY. Contractor is responsible for any deductible or self -insured retention and shall fund it upon CITY written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY.
• CITY shall be included as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Contractor. Additional insured status shall continue for one (1) year after completion of the work. • The insurance provided to the additional insureds shall apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by them.

Project No.
• If the insurance is on a Claims -Made basis, the retroactive date shall be no later than the commencement of work.

The insurance shall be continued for one (1) year after completion of the work. If the insurance is on a Claims -Made basis, the continuation coverage may be provided by: (a) renewal of the existing policy; (b) an extended reporting period endorsement; or (c) replacement insurance with a retroactive date no later than the commencement of the work.
• Required Evidence of Coverage:

1. Copy of the additional insured endorsement or policy language granting additional insured status;

2. Copy of the endorsement or policy language indicating that coverage for the additional insureds is primary and non-contributory;

3. Properly completed Certificate of Insurance.

E. Standards for insurance Companies
Insurers, other than the California State Compensation Insurance Fund, shall have an A.M. Best's rating of at least A:VII.

F. Documentation
•
•
•
•
The Certificate of Insurance shall include the following reference:

The name and address for Additional Insured endorsements and Certificates of Insurance is: City of Placentia
Contractor shall provide immediate written notice if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; or (3) the deductible or self -insured retention is increased.

Current Evidence of Coverage shall be provided for the entire required period of insurance.

Upon written request, certified copies of required insurance policies shall be provided within thirty (30) days.

Project No.

EXHIBIT D

CERTIFICATES OF INSURANCE AND ENDORSEMENTS

A�OR19 CERTIFICATE OF LIABILITY

INSURANCE

DATE (MMIDD/YYYY)
�i(MMJDD2
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER Edggewood Partners Insurance Center (EPIC)
19000 MacArthur Blvd. PH Floor
Irvine, CA 92612
www.edgewoodins.com
NAME: CONTACT
LAIC No EA: (949)263-0606 FAX
LAIC. (949)263-0906
EMAIL
ADDRESS:

INSURER(S)AFFORDINGCOVERAGE
NAIC # _.

INSURER A: Admiral Insurance Company
24856

INSURED
OrtCD, Inc.
2163 N. Glassell Avenue
Orange CA 92186
INSURER B : Infinity Select Insurance Company
20260
INSURER C: Cypress Insurance Company
10855
INSURER D:

INSURER E :

INSURER F :

COVERAGES
CERTIFICATE NUMBER: 67629866
REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ILTR

TYPE OF INSURANCE
AINMD
R
MVDDL aD

POLICY NUMBER
POLICY
(MMlODIYYYYS

PM/DDIYOLICY EXP
tMM10DlYYYYI
LIMITS
A
t/

COMMERCIALGENERALLIABILITY
/
CA000005173-18
6/21/2021
6/21/2022

EACH OCCURRENCE
$ 1,000,000

CLAIMS -MADE
/
OCCUR

TO RENTED
PAMAGEREM IC (Ea occurrence)
$ 50,000
/£.
5,000 Ded per Occurrence
MED EXP (Any one person)
$ Excluded
PERSONAL 8 ADV INJURY
$ 1,000,000
GEN'L
7POLICY

AGGREGATE LIMIT APPLIES
l ' JE ia
OTHER:

PER:

LOC

GENERAL AGGREGATE
$ 2,000,000
$ 2,000,000

PRODUCTS - COMP/OP AGG
$
B

AUTOMOBILE
f
1 LIABILITY

ANY AUTO
OWNED
r--
,_

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
504610158968001
6/21/2021
6/21/2022

COMBINED LIMIT
a
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$

PROPERTY DAMAGE
(Per accident)
$
$
A

UMBRELLALIAB

EXCESS LIAR
�L
OCCUR

CLAIMS -MADE
GX000004483-01
6/21/2021
6/21/2022

EACH OCCURRENCE
$4,000,000
$ 4,000,000
$

AGGREGATE
DED
RETENT ON $0
Policy on Folow Form
C

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
ANYPROPRIETOR/PARTNERIExECUIIVE
OFFlCERo.1EMBERE7(CLUDEDP
(Mandatory in NH)
li yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
N / A
ORWC209374
10/1/2021
10/1/2022
,/STATUTE T 0TH -
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,_000
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Wagner Park: 700 Trumpet Ave., Placentia, CA 92870
Certificate Holder is additional insured as respects General Liability per forms CG2010 and CG2037 , but only if required by signed written contract with Named Insured prior to an occurrence. Blanket Primary Wording form CG2001, and Blanket Waiver of Subrogation form CG24040509 apply to General Liability.Workers Compensation Blanket Waiver of Subrogation per Form WC990410C but only if required by written contract . Subject to all policy terms and conditions.

CERTIFICATE HOLDER

CANCELLATION
City of Placentia
401 E. Chapman Ave.

Placentia CA 92870

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
Anthony D'Asaro
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 67629966 1 21-22 Master I Denise Yamada 1 4/7/2022 1:51:03 PM (PDT) I Page 1 of 6

AGENCY CUSTOMER ID:

LOC #:
�� eo
AC ,RD

ADDITIONAL REMARKS SCHEDULE
Page
AGENCY
Partners Insurance Center (EPIC)

NAMED INSURED
OEdgewood Inc.
2163 2163 N. Glassell Avenue
Orange CA 92186

POLICY NUMBER

CARRIER

NAIC CODE
EFFECTIVE DATE:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (03/16) HOLDER: City of Placentia
ADDRESS: 401 E. Chapman Ave. Placentia CA 92870
Additional insureds:

The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers.

ACORD 101 (2008/01)
© 2008 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD ADDENDUM 67629866 1 21-22 Master I Denise Yamada 1 4/7/2022 1:51:03 PM (PDT) I Page 2 of 6

4/7/2022
Ortco, Inc.

Policy Number: CA000005173-18
CG20100413
Effective Date:06/21/2021
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON

OR ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location(s) Of Covered Operations

ANY PERSON OR ORGANIZATION THAT IS AN

OWNER OF REAL PROPERTY OR PERSONAL

PROPERTY ON WHICH YOU ARE PERFORMING

ONGOING OPERATIONS, OR A CONTRACTOR ON

WHOSE BEHALF YOU ARE PERFORMING ONGOING

OPERATIONS, BUT ONLY IF COVERAGE AS AN

ADDITIONAL INSURED IS REQUIRED BY A WRITTEN

CONTRACT OR WRITTEN AGREEMENT THAT IS AN
"INSURED CONTRACT", AND PROVIDED THAT THE
"BODILY INJURY", "PROPERTY DAMAGE" OR
"PERSONAL AND ADVERTISING INJURY" FIRST

OCCURS SUBSEQUENT TO THE EXECUTION OF THE
CONTRACT OR AGREEMENT.

ALL LOCATIONS OTHERWISE COVERED BY THIS

INSURANCE
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your be-
half;
in the performance of your ongoing operations for the
additional insured(s) at the location(s) designated
above.

However:

1. The insurance afforded to such additional insured
only applies to the extent permitted by law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the insurance
afforded to such additional insured will not be
broader than that which you are required by the con-
tract or agreement to provide for such additional in-
sured.

CG 20 10 04 13 © Insurance Services Office, Inc., 2012
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B. With respect to the insurance afforded to these addi- tional insureds, the following additional exclusions ap- ply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or equipment
furnished in connection with such work, on the pro-
ject (other than service, maintenance or repairs) to
be performed by or on behalf of the additional in-
sured(s) at the location of the covered operations
has been completed; or

2. That portion of "your work" out of which the injury
or damage arises has been put to its intended use by
any person or organization other than another con-
tractor or subcontractor engaged in performing op-
erations for a principal as a part of the same project.

C. With respect to the insurance afforded to these addi- tional insureds, the following is added to Section III — Limits Of Insurance:

If coverage provided to the additional insured is re-
quired by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of in- surance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of Insurance
shown in the Declarations;
whichever is less.

This endorsement shall not increase the applicable Lim- its of Insurance shown in the Declarations.

CG 20 10 04 13 © Insurance Services Office, Inc., 2012
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Page 2 of 2 ends

4/7/2022
Ortco, Inc.

Policy Number: CA000005173-18
CG 20 37 04 13
Effective Date:

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL, LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)

ANY PERSON OR ORGANIZATION THAT IS AN

OWNER OF REAL PROPERTY OR PERSONAL PROP-

ERTY FOR WHOM YOU WORK OR HAVE WORKED,

OR A CONTRACTOR ON WHOSE BEHALF YOU

WORK OR HAVE WORKED, BUT ONLY IF COVER-

AGE AS AN ADDITIONAL INSURED EXTENDING TO
"BODILY INJURY" OR "PROPERTY DAMAGE" IN-
CLUDED IN THE "PRODUCTS -COMPLETED OPERA-
TIONS HAZARD" IS REQUIRED BY A WRITTEN CON-

TRACT OR WRITTEN AGREEMENT THAT IS AN
"INSURED CONTRACT" AND PROVIDED THAT THE
"BODILY INJURY" OR "PROPERTY DAMAGE" FIRST

OCCURS SUBSEQUENT TO THE EXECUTION OF THE

CONTRACT OR AGREEMENT
Location And Description Of
Completed Operations

ALL LOCATIONS EXCEPT LOCATIONS WHERE
"YOUR WORK" IS OR WAS RELATED TO A JOB OR

PROJECT INVOLVING SINGLE-FAMILY DWELLINGS,

MULTI -FAMILY DWELLINGS (OTHER THAN RENTAL
APARTMENTS IN AN APARTMENT BUILDING: (a)

ORIGINALLY CONSTRUCTED AND AT ALL TIMES
USED FOR SUCH PURPOSE; OR (b) CONVERTED

FROM A COMMERCIAL BUILDING), CONDOMINI-

UMS, TOWNHOMES, TOWNHOUSES, TIME-SHARE

UNITS, FRACTIONAL OWNERSHIP UNITS, COOPER-

ATIVES AND/OR ANY OTHER STRUCTURE OR

SPACE USED OR INTENDED TO BE USED AS A RESI-
DENCE.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

CG 20 37 04 13
© Insurance Services Office, Inc., 2012 Page 1 of 2 O
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A. Section II — Who Is An Insured is amended to in-
clude as an additional insured the person(s) or organi- zation(s) shown in the Schedule, but only with respect
to liability for "bodily injury" or "property damage"
caused, in whole or in part, by "your work" at the lo-
cation designated and described in the Schedule of this endorsement performed for that additional insured and
included in the "products -completed operations haz-
ard".

However:

1. The insurance afforded to such additional insured
only applies to the extent permitted by law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the insurance
afforded to such additional insured will not be
broader than that which you are required by the
contract or agreement to provide for such addi-
tional insured.

B. With respect to the insurance afforded to these addi- tional insureds, the following is added to Section III — Limits Of Insurance:

If coverage provided to the additional insured is re-
quired by a contract or agreement, the most we will
pay on behalf of the additional insured is the amount
of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of Insurance
shown in the Declarations;
whichever is less.

This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.

CG 20 37 04 13 © Insurance Services Office, Inc., 2011
67629866 1 21-22 Master I Denise Yamada 1 4/7/2022 1;51;03 PM (PDT) I Page 6 of 6

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Project No.

EXHIBIT E

CLAIMS PROCEDURE
SUMMARY OF PUBLIC CONTRACT CODE § 9204
The following procedure will apply to any claims by the Contractor on the City:

A "claim" is a separate demand on the City by a contractor on a public works project and sent by registered mail or certified mail with return receipt requested, for one or more of the following:
• A time extension, including relief from penalties for delay • Payment by the City of money damages under the terms of the contract • Payment of an amount that is disputed by the City
Initial Review
The claim must be supported by appropriate documentation. The City has 45 days within which to review the claim and provide the contractor with a written statement identifying the disputed and undisputed portions of the claim. If the City does not issue a written statement, the claim is deemed rejected in its entirety. The City will pay any undisputed portion of the claim within 60 days of issuing the statement.

Meet & Confer
If the contractor disputes the City's written response, or if the City does not issue one, the contractor may request in writing an informal conference to meet and confer for possible settlement of the claim. The City will schedule the meet and confer conference within 30 days of this request and provide a written statement identifying the remaining disputed and undisputed portions of the claim within 10 business days of the meet and confer. The City will pay the undisputed portion within 60 days of issuing this statement.

Mediation
With respect to any disputed portion remaining after the meet and confer, the City and contractor will submit the matter to nonbinding mediation, agree to a mediator within 10 business days after issuing the written statement, and share mediation costs equally. If mediation is unsuccessful, then the terms of the public works agreement and applicable law will govern resolution of the dispute.

Miscellaneous Provisions
Amounts not paid by the City in a timely manner bear interest at 7% per annum. Subcontractors may submit claims via this procedure through the general contractor. The City and contractor may waive the requirement to mediate but cannot otherwise waive these claim procedures.

TO:

VIA:

FROM:

DATE:

SUBJECT:

FISCAL
IMPACT:

SUMMARY:

Placentia City Council

AGENDA REPORT

CITY COUNCIL

CITY ADMINISTRATOR

DIRECTOR OF COMMUNITY SERVICES
APRIL 19, 2022

APPROVAL OF THE DESIGN CONCEPT PLAN FOR PLAYGROUND

RENOVATIONS AT SANTA FE PARK AND APPROVAL OF A PUBLIC WORKS AGREEMENT WITH PACIFIC PLAY SYSTEMS INC. FOR THE PURCHASE AND INSTALLATION OF THE PLAYGROUND EQUIPMENT, CIP PROJECT NO. 7203 BUDGETED:

EXPENSE:
$ 375,000
$ 300,000
$ 75,000
$ 373,000

CIP BUDGET FUND
797203-6760
507203-6760

CIP BUDGET FUND
The Placentia Open Space and Urban Greening ("POSUG") Master Plan was completed in November 2019 and approved by the City Council at the December 3, 2019, meeting to be utilized as a guide for future Capital Improvement Program ("CIP") Projects to be incorporated into the City's CIP plan and to allocate potential funding sources as available through the City's annual budgetary process.

This Master Plan was the basis for the creation of the Placentia Parks Initiative ("PPI"); a citywide initiative which is aimed at establishing a significant capital investment into the City's parks and open spaces by improving and renovating aging park infrastructure and amenities over the course of the next two (2) fiscal years.

At the May 18, 2021, meeting the City Council approved the PPI as a tool to be utilized for prioritizing park and building improvement projects as funding becomes available. Included in the PPI was the renovation of the Santa Fe Park playground. The project will include the complete removal of the existing playground structure. The new playground structures will feature a train theme complete with new rubberized surfacing that will incorporate a train track design. Other additions will include new shade sails, a climber, new slides, and a separate early childhood play structure consistent with the train theme for youth ages three to five years old.

The design concept plan has been reviewed by Staff and was presented to the Parks, Arts, and Recreation Commission ("PARC") at the March 14, 2022 Commission meeting for their review.

3. d.

Apr. 19, 2022

City Council Agenda
April 19, 2022

Page 2 of 4 ends

Funding for the project has been identified as $300,000 from Measure U and $75,000 from grant funding from St. Jude Medical Center ("St. Jude") to be exclusively utilized to incorporate an early childhood play structure for youth ages three to five years old. Staff and the PARC Commission recommend the City Council approve the concept design plan. The proposed action will approve the design concept plan of the Santa Fe Park playground renovation project and will award a Public Works Agreement to Pacific Play Systems ("Pacific Play"), for the purchase and installation of the playground equipment in the amount of $373,000, satisfying CIP project No. 7203, as outlined in the PPI.

RECOMMENDATION:

It is recommended that City Council take the following actions:

1. Provide Staff with input to incorporate into the design plan for the renovation of the Santa Fe Park playground; and

2. Approve the design concept plan for the Santa Fe Park playground renovation project; and

3. Approve the purchase of the Santa Fe Park playground equipment utilizing the budgeted CIP funding in Fiscal Year 2021-2022 for project 7203; and

4. Award a Public Works Agreement to Pacific Play Systems, for the Wagner Park playground equipment renovation project in the amount of $373,00; and

5. Authorize the City Administrator to approve contract change orders up to a total of $2,000 or a not -to -exceed total contract amount of $375,000; and

6. Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney.

DISCUSSION:

At the May 18, 2021, meeting the City Council approved the PPI as a tool to be utilized for prioritizing park and building improvement projects as funding becomes available. Included in the PPI was the renovation of the Santa Fe Park playground. The project will include the complete removal and replacement of the existing playground structure, addition of a shade sails, a new early childhood play structure for youth ages three to five years old, themed climbers, and replacement of aging park amenities. In following the PPI, the new playground will feature a train theme and will include a train track design in the rubberized surfacing, a locomotive structure, caboose, and box cars.

The total budget for the project is outlined in the Fiscal Year 2021-2022 CIP budget. A total of $300,000 is identified from Measure U funding and $75,000 is identified through funds provided from St. Jude, for the Healthy Communities Grant Program that aims to decrease childhood obesity and provide opportunities for increased physical activity and access to healthy foods.

City Council Agenda
April 19, 2022

Page 3 of 4 ends

Staff solicited three (3) bids for the Santa Fe Park playground renovation project and included a request for the consultant to incorporate the addition of an early childhood play structure for youth ages three to five years old as part of the St. Jude grant deliverables.

The City received proposals from Miracle Recreation Equipment Co., PlayCore dba GameTime, and Pacific Play Systems Inc. ("Pacific Play"). The table below identifies the submitted proposals.

Contractor
Bid Amount
Pacific Play Systems Inc.
$373,000.00
PlayCore dba GameTime
$355,220.48
Miracle Recreation Equipment Co.
$195,046.11
The design concept plan provided by Pacific Play, best aligns with the City Council approved PPI, to enhance play experiences throughout the City's parks system, by creating unique "themed" playgrounds that are all different. The PARC Commission reviewed the design concept plans for the renovation of the Santa Fe playground at the March 14, 2022, meeting. The PARC Commission recommends approval of the proposed design concept plans provided by Pacific Play. Per the Commission's recommendation, the provided concept plan provides for the most creative design, best incorporates early childhood play as part of the grant deliverables and meets the City's proposed project budget.

Upon approval of the concept design, Staff will work with Pacific Play, to order and finalize the installation of the playground equipment for the park. Additional park amenities will also be ordered per the concept design from a separate CIP Budget fund. Staff recommends the City Council approve the concept design plans and award a Public Works Agreement to Pacific Play for the purchase of the equipment in the amount of $373,000.

FISCAL IMPACT:

The City Council budgeted $600,000 in Measure U Funds to renovate Santa Fe Park playground and Wagner Park in the Fiscal Year 2021-22 Capital Improvement Program (CIP). An additional $75,000 has been allocated to the project as part of the St. Jude Healthy Communities Grant program. The current budget for the project is $375,000. Therefore, sufficient funds exist in the CIP Budget to purchase and install the playground equipment at $373,000. Additional park amenities will also be ordered, utilizing currently budgeted CIP project funds for the replacement of various amenities throughout all City parks, consistent with the PPI.

Prepared by: Reviewed and approved by:

Veronica Orti Karen Crocker
Community Se e _ :. • - sor Director of Community Services

City Council Agenda
April 19, 2022

Page 4 of 4 ends

Reviewed and approved by:
9‘
Reviewed and approved by:

Jennifer Lampman Dam?T' . Arrula
Director of Finance
City Administrator
Attachments:

1. Santa Fe Park Playground Concept Design Plans Presentation

2. Pacific Play Systems Inc. Playground Purchase Contract

eery Peazattea
ATTACHMENT 1

Background
• In May 2021, the City Council approved the Placentia Parks Initiative (PPI); a citywide plan which is aimed at establishing a significant investment into the City's parks and open spaces • As part of the PPI, the City created a priority list of park projects and allocated funding for the completion of the projects over the course of the next two (2) Fiscal Years • Included in the PPI is a goal to create "destination parks" by improving aging park infrastructure and providing unique "themed" playgrounds that are all different
• Santa Fe is included in the PPI for renovation of the existing playground
• The City received three proposals for the design of the playground at Santa Fe Park
• The proposed design from Pacific Play Systems Inc. will align with the City's vision established in the PPI

Concept Plans

Questions & Comments
ACHMENT 1

Project No.

CITY OF PLACENTIA

PUBLIC WORKS AGREEMENT FOR

SANTA FE PLAYGROUND RENOVATIONS
THIS AGREEMENT (herein "Agreement"), is made and entered into this 19 day of April, 2022 by and between the CITY OF PLACENTIA, a municipal corporation and charter city, (herein "City") and PACIFIC PLAY SYSTEMS, INC. "Contractor'). The parties hereto agree as follows:

WITNESSETH:

A. WHEREAS, City requires the renovation of playground at Santa Fe as set forth more fully in this Agreement.

B. WHEREAS, Contractor represents to City that Contractor is qualified to perform said work and has submitted a proposal to City for the same.

C. WHEREAS, City desires to have Contractor perform said services on the terms and conditions set forth herein.

D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the Califomia Government Code, in the subject matter of this Agreement.

E. WHEREAS, this Agreement is authorized under City Administrator's authority to execute contracts under $25,000. Placentia Municipal Code Section 3.08.085.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows:

1.0 DEFINITIONS

1.1 Definitions. As used in this Agreement, the following definitions shall be applicable:
(a) Contractor. Contractor shall mean Pacific Play Systems, Inc. 3288 Grey Hawk Court, Carlsbad, CA 92010.
(b) City. City shall mean the City of Placentia, a Municipal Corporation and Charter City, located at 401 E. Chapman, Placentia, California 92870.
(c) City Council. City Council shall mean the City Council of the City of Placentia.
(d) Contract Officer shall mean the person designated by the City Administrator or City Engineer of City and shall have the duties set forth in Section 5.2.
1 Rev. 08/2017

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(e) Services. Services shall mean the services to be performed by the Contractor pursuant to this Agreement.
(f) Satisfactory. Satisfactory shall mean satisfactory to the City Administrator or his/her designee.

2.0 SERVICES OF CONTRACTOR

2.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended.

2.2 Documents Included in Contract. This contract consists of this Agreement and any Exhibits, which are incorporated herein by this reference. In the event of an inconsistency, the terms of this Agreement shall govern.

2.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered, including but not limited to, the claims procedure set forth in Public Contract Code Section 9204, a summary of which is attached to this agreement as Exhibit "E."

2.4 Licenses. Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement, including registration with the Department of Industrial Relations of the State of California as required by Labor Code Section 1725.5 before commencing performance under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder.

Contractor shall be responsible for all subcontractors' compliance with this Section 2.4.

2.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer.
2 Rev. 08/2017

Project No.

2.6 Standard of Performance. Contractor, its subcontractors and their employees, in the performance of Contractor's work under this Agreement shall be responsible for exercising the degree of skill and care required by customarily accepted good professional practices and procedures used in the Contractor's field.

Any costs for failure to meet the foregoing standard or to correct otherwise defective work that requires re -performance of the work, shall be bome in total by the Contractor and not by the City. The failure of a project to achieve the performance goals and objectives stated in this Agreement is not a basis for requesting re -performance unless the work conducted by Contractor and/or its subcontractors is deemed by the City to have failed the foregoing standard of performance.

In the event Contractor fails to perform in accordance with the above standard:

1. Contractor will re -perform, at its own expense, any task which was not performed to the reasonable satisfaction of City. Any work re -performed pursuant to this paragraph shall be completed within the time limitations originally set forth for the specific task involved.

Contractor shall work any overtime required to meet the deadline for the task at no additional cost to the City;

2. The City shall provide a new schedule for the re -performance of any task pursuant to this paragraph in the event that re -performance of a task within the original time limitations is not feasible; and

3. The City shall have the option to direct Contractor not to re -perform any task which was not performed to the reasonable satisfaction of the City Project Manager pursuant to application of (1) and (2) above. In the event the City directs Contractor not to re - perform a task, the City shall negotiate a reasonable settlement for satisfactory work performed. No previous payment shall be considered a waiver of the City's right to reimbursement.

Nothing contained in this section is intended to limit any of the rights or remedies which the City may have under law.

2.7 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence.

2.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all subcontractors to comply with the provisions of this agreement.

2.9 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum as set forth in Section 3 Rev. 08/2017

Project No.

3.1, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of ten percent (10%) or less of the Contract Sum, may be approved by the City Administrator. Any increases, taken either separately or cumulatively, that result in the Contract Sum exceeding ten percent (10%) of the Contract Sum must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.

2.10 Prevailing Wage Laws. Contractor represents and warrants that it is registered with the Department of Industrial Relations pursuant to SB 854 and Labor Code 1725.5.

Contractor shall ensure that its subcontractors comply with said requirements. In accordance with Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is hereby incorporated by reference into this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et. seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices.

3.0 COMPENSATION

3.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, Three Hundred Seventy Three Thousand Dollars Zero Cents ($373,000.00) for Santa Fe Park Playground, but not exceeding the maximum contract amount of Three Hundred Seventy Five Thousand Dollars ($375,000) herein "Contract Sum", except as provided in Section 2.9. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.

3.2 Progress Payments. Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety percent (90%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining ten percent (10%) thereof shall be retained as performance security. Refer to Section 8.4 of this Agreement for retention of funds.
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4.0 PERFORMANCE SCHEDULE

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

4.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "B", and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Officer.

4.3 Force Majeure. The time period(s) specified in the Scope of Services for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 8.9 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. Notwithstanding the foregoing, this Agreement shall terminate no later than January 31, 2023, unless the parties mutually agree in writing to extend the term.

5.0 COORDINATION OF WORK

5.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Salina Tuladhar
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.

For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

5.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Administrator or City Engineer of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions that must be made by City to the Contract Officer.

Unless otherwise specified herein, any approval of City required hereunder shall mean the 5 Rev. 08/2017

Project No.
approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

5.3 Prohibition Against Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its subcontractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, subcontractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its subcontractors, agents or employees are agents or employees of City.

City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.

5.5 Identity of Persons Performing Work. Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.

5.6 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

5.7 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
(a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II , or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site 6 Rev. 08/2017

Project No.
different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 2.9 of this Agreement.
(c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

6.0 INSURANCE AND INDEMNIFICATION

6.1 Insurance. The Contractor and all subcontractors, if any, shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, as set forth in Exhibit "C" attached hereto and incorporated herein by this reference.

Conditions:

In accordance with Public Contract Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of A- or better.

This insurance shall not be canceled, limited in scope or coverage or non -renewed until after thirty (30) days prior written notice has been given to the Community Development Director, City of Placentia, 401 E. Chapman Ave., Placentia, California 92870.

Any insurance maintained by the City of Placentia shall apply in excess of and not combined with insurance provided by this policy.

The City of Placentia, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor and all Subcontractors pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Contractor and all Subcontractors; automobiles owned, leased, hired, or borrowed by the Contractor and all Subcontractors.

Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses referenced above. 7 Rev. 08/2017

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Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's company affiliation and title. Should it be deemed necessary by the City, it shall be Contractors responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company.

If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.

Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement.

Each contract between the Contractor and any subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 6.1.

6.2 Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached to this Agreement as Exhibit "D" and are incorporated herein by this reference.

6.3 Indemnification. Contractor shall defend, indemnify, hold free and harmless the City of Placentia, its elected and appointed officials, officers, agents and employees, at Contractor's sole expense, from and against any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Agreement.
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith. (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', 8 Rev. 08/2017

Project No.
employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom.
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel selected by City. (d) Contractor's duty to defend and indemnify as set out in this Section 6.2 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.

Notwithstanding the foregoing, Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City.

The Contractors indemnification obligations pursuant to this Section 6.3 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.

6.4 Sufficiency of insurer or Surety. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Senior Management Analyst of City ("Senior Management Analyst") determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies required by this Section 6 may be changed accordingly upon receipt of written notice from the Senior Management Analyst; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Senior Management Analyst to the City Council of City within ten (10) days of receipt of notice from the Senior Management Analyst.
9 Rev. 08/2017

Project No.

6.5 Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any monies withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder.

7.0 RECORDS AND REPORTS

7.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement.

For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

7.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

7.4 Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).

Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 10 Rev. 08/2017

Project No.

8.0 GENERAL PROVISIONS

8.1 Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.

Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

The Principal set forth in Section 5.1 above shall be the representative for Contractor for purposes of this Agreement, and shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.

8.3 Disputes. In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 8.3 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured.

8.4 Retention of Funds. Progress payments shall be made in accordance with the provisions of Section 3.2 of this Agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety percent (90%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining ten percent (10%) thereof shall be retained as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Administrator or his/her designee, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City's failure to deduct or withhold shall not affect Contractor's obligations hereunder.

8.5 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval 11 Rev. 08/2017

Project No.
shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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

8.7 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City Five Hundred Dollars ($500) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Scope of Services (Exhibit A) or Schedule of Performance (Exhibit A). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.

8.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.3, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.

8.10 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the US Mail, prepaid, first-class mail, return receipt requested, addressed as follows:

To City: City of Placentia
401 E. Chapman Ave
Placentia, California 92870
Attn: Matthew Brand
To Contractor:

Pacific Play Systems, Inc.

Salina Tuladhar
3288 Grey Hawk Court
Carlsbad, CA 92010
12 Rev. 08/2017

Project No.

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

8.12 Conflict of Interest. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor and its officers, employees, associates and subcontractor shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

8.13 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. To the extent required by law, contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.

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

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

8.16 Hiring of Illegal Aliens Prohibited. Contractor shall not hire or employ any person to perform work within the City of Placentia or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States.

8.17 Unfair Business Practices Claims. In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of 13 Rev. 08/2017

Project No.

Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Sec. 7103.5, California Public Contract Code).

8.18 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

8.19 PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

8.20 Cooperation. In the event any claim or action is brought against City relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.

8.21 Legal Responsibilities. The Contractor shall keep itself informed of City, State, and Federal Taws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations. Neither the City, nor its officers, agents, or employees shall be liable at law or in equity as a result of the Contractor's failure to comply with this section.

8.22 Termination for Convenience. The City may terminate this Agreement without cause for convenience of the City upon giving contractor 30 days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation:

1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor. 14 Rev. 08/2017

Project No.

2. Actual move -off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on -site construction office for supervising the mover -off.

3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments.

4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications which were a part of the Agreement.

The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specification, addendums or other documents which are or may become a part of this Agreement. City and Contractor agree that the provisions of this paragraph are a substantive part of the consideration for this Agreement.

8.23 Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

8.24 Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

8.25 Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

8.26 No Third -Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

8.27 Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

8.28 Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
15 Rev. 08/2017

Project No.

8.29 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

8.30 Funding Source Conditions — Contractor's Obligation. Contractor acknowledges that the City may be paying for the Project by using funds it receives or will receive from various funding sources in the form of grants and/or subsidies, and the like under certain terms and conditions. Contractor acknowledges and agrees that any failure of the Contractor and/or its subcontractors to perform its obligations under the Contract, including, but not limited to, timely submitting accurate reports and records, that in any way results in the City not meeting the terms and conditions placed on the funds by the funding source, or forfeiting its entitlement to or, otherwise, not receiving, the funds, then the Contractor shall be liable to pay the City for the funds not granted to the City on the Project.

8.31 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.

ATTEST:

CITY OF PLACENTIA,
A municipal corporation and Charter City
Date:

Rhonda Shader, Mayor

CONTRACTOR
Date:

Signature
Name and Title
Social Security or Taxpayer ID Number
16 Rev. 08/2017

Project No.

ATTEST:

Robert McKinnell, City Clerk
APPROVED AS TO FORM:

Date:

Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:

Rosanna Ramirez, Deputy City Administrator
APPROVED AS TO CONTENT:

Project Manager

DEPARTMENTAL APPROVAL
Karen Crocker, Director of Community Services
17 Date:

Date:

Rev. 08/2017

Project No.

EXHIBIT A

SCOPE OF SERVICES

SANTA FE PARK
Project No. PAC21EFCF8C
Presented By
Pacific Play Systems, Inc.
and

PLAYCRAFT

S Y S T E M S

�. �� _ ... 2PLAYCRAFT
ry h
tIMIIIVHI tI 'I� , iJltly. Il,�Nii„iii i I ti
Pacific Play
Systems, Inc.

R-5
2-12

SANTA FE PARK
Project# PAC21 EFCF8C
PLAYcoRE

SANTA FE PARK

SITE PLAN

ADA ACCESSIBILITY GUIDELINE - ADAAG CONFORMANCE

ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES
7 2/4
9/2 7/2
R5

FOR KIDS
AGES
[Mixed]
GENERAL NOTES:

This Preliminary Site Plan is
based on measurements that
were provided in the initial
planning phase. All dimensions
must be verified prior to the
submission of a purchase order.

Playcraft Systems will not be
held responsible for any
discrepancies between actual
dimensions and dimensions
submitted in the planning
phase.

The Minimum Use Zone for a
play structure is based on the
product design at the time of
proposal. Components and
structure designs may be
subject to change which may
affect dimensions. Therefore,
before preparing the site, we
strongly recommend obtaining
final drawings from the factory
(available after the order is
placed and included in the
Assembly Manual).

WARNING: Accessible safety
surfacing material is required
beneath and around this
equipment that has a critical
height value (Fall Height)
appropriate for the highest
accessible part of this
equipment, Refer to the CPSC'S
Handbook For Public
Playground Safety, Section 4:

Surfacing.

PLAYCRAFT REP:

Pacific Play Systems, Inc.

PROJECT#: PAC21EFCF8C
DATE: 2/28/2022
MIN. USE ZONE: 79' x 54'

SANTA FE PARK

SW VIEW
STRUCTURE#: R507557DA
PROJECT#: PAC21EFCF8C
DATE: 2/28/2022
R5

FOR KIDS
AGES
5-12

SANTA FE PARK

SW VIEW
STRUCTURE#: FREPC2472
PROJ ECT#: PAC21EFCF8C
DATE: 2/28/2022

FOR KIDS
AGES
5-12

SANTA FE PARK

SW VIEW
riP
STRUCTURE#: FS1
PROJECT#: PAC21EFCF8C
DATE: 2/28/2022

FOR KIDS
AGES
5-12

SANTA FE PARK

SW VIEW
STRUCTURE#: FREPC2442
PROJECT#: PAC21EFCF8C
DATE: 2/28/2022

FOR KIDS
AGES
5-12

SANTA FE PARK

SW VIEW
STRUCTURE#: FREPCER1236
PROJ ECT#: PAC21EFCF8C
DATE: 2/28/2022

FOR KIDS
AGES
5-12

SANTA FE PARK

SW VIEW
fII�IIIIIIIIII
STRUCTURE#: FS2
PROJECT#: PAC21EFCF8C
DATE: 2/28/2022

FOR KIDS
AGES
2-5

SANTA FE PARK

SW VIEW
STRUCTURE#: FS4
PROJECT#: PAC21EFCF8C
DATE: 2/28/2022

FOR KIDS
AGES
2-5

SANTA FE PARK

SW VIEW
STRUCTURE#: FS5
PROJ ECT#: PAC21EFCF8C
DATE: 2/28/2022

FOR KIDS
AGES
2-5

SANTA FE PARK

SW VIEW
STRUCTURE#: FS6
PROJECT#: PAC21EFCF8C
DATE: 2/28/2022

FOR KIDS
AGES
2-5

CONTRA CT
.,
www.pacificplayinc.com
wilk
Ii.. ..
■
Pacific Play
systems, Inc.

Customer
Contractor
Project
Playground Proj...

City of Placentia
900 S Melrose Street
Placentia, CA 92870
Pacific Play Systems, Inc.

Contractor Lic. # 957776
Class A/B/C61/D34/D12
Phone (760) 599-7355
Date
2/28/2022
Terms
Net 30
;w

Valid for
30 Days
Est. No.
2022-341
Description
Qty
Rate
Total
Project Name: Santa Fe Park - Revised with Shade
Scope of Work: Provide, equipment, materials and services as outlined per below:

Playcraft SN#R50BD1DBA, Custom 5" OD Steel Play System, 5-12 age -group 1 57,379.00
57,379.00T
Playcraft PC 2472 Spin Max, Orbit, 5-12 age -group
1 22,351.00
22,351.00T
Playcraft PC 1920 Spring Seesaw, 5-12 age -group
1 5,393.00
5,393.00T
Playcraft PC 3492 Toddler Train, Dining Car, 2-5 age -group 1 5,975.00
5,975.00T
Playcraft PC 3490 Toddler Train, Engine, 2-5 age -group 1 9,315.00
9,315.00T
Playcraft PC 2455 Lily Step, 2-5 age -group
2 188.00
376.00T
Playcraft PC 1584 Gas Station, 2-5 age -group
1 3,720.00
3,720.00T
Playcraft PC 2220 Dash Driver, 2-5 age -group
1 785.00
785.00T
Playcraft PC 1583 Traffic Light, 2-5 age -group
1 492.00
492.00T
Custom 14' (L) x 14' (W) x 8' (H) Cantilever Umbrella Shade Structure 4 5,062.00
20,248.00T
Rebar Cages
4 357.00
1,428.00T
Engineering Calculations
1 1,500.00
1,500.00T
Supply and install upto 3.5" of (poured -in -place) PIP rubberized surfacing with simple railroad track graphics, 100% color wear layer, Aliphatic (UV -stable, non -yellowing) Resin, cost per SF
2,455

30.00 73,650.00
Demo, hauling and disposal of the existing playground equipment 1 5,075.00
5,075.00
Removal, hauling and disposal of the existing 12" of existing sand, approx. 85 cubic yards 1 15,725.00
15,725.00
Removal, hauling and disposal of the existing 4.5" of the existing PIP, approx. 600SF 1 4,800.00
4,800.00
Supply, install & compact 9" of recycled crushed aggregate base for PIP surfacing 1 24,550.00
24,550.00
Installation of playground equipment with in -ground concrete footings using Playcraft factory certified installers
1 74,098.00
74,098.00
Installation of shade structure
1 28,000.00
28,000.00
Sub -total
354,860.00
CMAS Discount, CMAS Contract ID 4-19-78-0095A
-35,486.00
-35,486.00
Attached Exhibit A (Terms and Conditions) shall be made a part of this Contract.

Total
PACIFIC PLAY SYSTEMS, INC. 3288 Grey Hawk Court, Carlsbad, CA 92010 - Phone 760-599-7355 or 855-599-7355 - Fax 760-599-7385

CONTRACT
■
PacPacific
Syste a Play
ysdsms,
A,
if` 1, lilit
Y!^
www.pacificplayinc.com
Customer
Contractor
Project
Playground Proj...

City of Placentia
900 S Melrose Street
Placentia, CA 92870
Play Systems, Inc.

Contractor Lic. # 957776
Class A/B/C61/D34/D12
Phone (760) 599-7355
Date
2/28/2022
Terms
Net 30
Valid for
30 Days
Est. No.
2022-341
Description
Qty
Rate
Total
Steel & Plastics Tariffs Surcharge: Rapid increases in the cost of commodities has caused the manufacturer to add an emergency surcharge to its products to cover the increased cost of raw materials.
1 13,700.00
13,700.00T
Freight & delivery costs, playground equipment
1 6,522.99
6,522.99
Freight & delivery costs, PIP rubberized surfacing
1 1,650.00
1,650.00
Freight & delivery costs, shade structure
1 2,898.50
2,898.50
Temporary Fencing for duration of project
1 3,500.00
3,500.00
Security during the curing of rubber surfacing for two days 1 1,500.00
1,500.00
Project administration, overhead costs, mobilization, equipment rental, insurance costs, general conditions, etc.
1 12,500.00
12,500.00
Additional Upgrades, cost is extra:

1. To add payment and performance
bond, add $7,500 to cost. Initial here to accept
PAYMENT TERMS: Net 30
EXCLUSIONS: This Contract only
are clearly outlined in the Scope
that are not clearly outlined in this
limited to the following:
covers the cost of equipment, materials and services that of Work. All other equipment, materials and/or services quotation are excluded. Exclusions include, but are not

1. Additional services, grading, drainage, site drains, curbing, border, sidewalks, pavement, striping, site materials, site furnishings, ADA accessible path of travel, payment and performance bond, builders risk insurance, furnishing plans, obtaining permits, dealing with inspections and/or permit agencies, engineering calculations, stamped engineered or architectural drawings, etc.

2. Inspection costs, testing and outside testing agencies, CPSI Inspection/audit/report, surfacing HIC test, survey work of any kind, fencing, swpps, barricades, traffic control, flagging, erosion control, dust control, removal of hazardous materials or contaminated soils, digging through rock and rocky soils.

Attached Exhibit A (Terms and Conditions) shall be made a part of this Contract.

Total
PACIFIC PLAY SYSTEMS, INC. 3288 Grey Hawk Court, Carlsbad, CA 92010 - Phone 760-599-7355 or 855-599-7355 - Fax 760-599-7385

CONTRACT

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Customer
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Project
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Play Systems, Inc.

Date
2/28/2022
City of Placentia
900 S Melrose Street
Contractor Lic. # 957776
Terms
Net 30
Placentia, CA 92870
Class A/B/C61/D34/D12
Valid for
30 Days
Phone (760) 599-7355
Est. No.
2022-341
Description
Qty
Rate
Total

3. Customer shall hire a utility locating service to mark all underground utilities prior to the start of our work, in order to minimize any damage to utilities. Modifications and/or repairs to any existing or damaged utilities as a result of this work is excluded. If owner would like us to hire a utility locating company, additional cost will be $1,000. Initial here to authorize this additional service .

4. Customer shall be responsible for keeping traffic away from the PIP rubberized surfacing area for at least 24 hours after it is poured so that surface can cure properly. PIP must be cured for a minimum of 2 weeks before any testing is performed.

5. Additional move -in costs, if required (only one move -in cost is included in this quote), dealing with unforeseen conditions and extra work required as a result of these conditions and anything else that is not clearly outlined in this Contract. See Exhibit A, Terms and Conditions for a description of Unforeseen Conditions.

LABOR RATES: Prevailing Wage Rates.

Required Statement for California Projects:

Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a latent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826.

This Contract is executed between Pacific Play Systems, Inc., a California corporation and Customer (also referred to as Owner), identified in the Customer section of this Contract.

Either Customer or Pacific Play Systems, Inc. may be referred to as Party, together as Parties. The purpose of this Contract is for Pacific Play Systems, Inc. to provide Customer with equipment, materials and/or services as outlined in the Scope of Work section of this Contract in exchange for the sum of money as outlined in this Contract.

Attached Exhibit A (Terms and Conditions) shall be made a part of this Contract.

Total
PACIFIC PLAY SYSTEMS, INC. 3288 Grey Hawk Court, Carlsbad, CA 92010 - Phone 760-599-7355 or 855-599-7355 - Fax 760-599-7385

CONTRACT
www.pacificplayinc.com
-44
v
Pacific Play.

Systems, Inc
Customer
Contractor
Project
Playground Proj...

City of Placentia
900 S Melrose Street
Placentia, CA 92870
Pacific Play Systems, Inc.

Contractor Lic. # 957776
Class A/B/C61/D34/D12
Phone (760) 599-7355
Date
2/28/2022
Terms
Net 30 y
Al.
71;14
Valid for
30 Days
Est. No.
2022-341
Description
Qty
Rate
Total
By signing below, both Parties acknowledge that they are entering into a legally binding Contract, which includes Exhibit A. Customer acknowledges the receipt and review of Exhibit A (Terms and Conditions) which shall be made a part of this Contract and enforceable to the full extent allowed by law.

ACCEPTED BY CUSTOMER:

Customer's Name: Date accepted;

8.75%
11,354.51
Signature: Signed By:

ACCEPTED BY PACIFIC PLAY SYSTEMS, INC.:

Federal Tax I.D. #: 27-4620108 - DIR No. 1000012253 Date California Contractors License #957776, Classifications: A, B, Signature: Signed By:
accepted:

C61 -D12, C61
-D34
Sales Tax Orange County - Placentia
Attached Exhibit A (Terms and Conditions) shall be made a part of this Contract.

Total $373,000.00
PACIFIC PLAY SYSTEMS, INC. 3288 Grey Hawk Court, Carlsbad, CA 92010 - Phone 760-599-7355 or 855-599-7355 - Fax 760-599-7385

EXHIBIT A- TERMS AND CONDITIONS
(Revised 12-15-2021)

1. ACTS OF GOD: In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, interruption of electrical power or other utilities, shortages of materials and/or labor, manufacturing issues or delays beyond its control, failures or damage reasonably beyond its control, pandemic related issues, or other causes reasonably beyond its control, such party shall not be liable to the other party for any damages resulting from such failure to perform or otherwise from such causes. Pacific Play Systems, Inc. and Customer shall notify each other as soon as reasonably possible following the occurrence of an event described in this subsection.

2. ATTORNEY FEES & EXPENSES: In the event of any dispute under this Contract, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees and costs of suit, including any fees and costs incurred in preparation of such suit. If timely payments are not made by Customer and collection becomes necessary, Pacific Play Systems, Inc. shall be entitled to collect interest and all reasonable collection and legal costs incurred to the extent allowed by law.

3. BUSINESS LICENSE: If obtaining a business license becomes necessary for a city in which Pacific Play Systems, Inc. does not hold a current license, Pacific Play Systems, Inc. shall obtain the required license and Customer shall reimburse Pacific Play Systems, Inc. for its cost (including staff time) at cost plus 15%.

4. CHANGE ORDERS: Extra Work and change orders shall become part of the contract once the change order is prepared in writing and signed by the parties prior to the commencement of any work covered by the new change order. Change order shall describe the scope of the extra work or change, the cost to be added or subtracted from the contract and describe effects on the schedule (if applicable).

5. COST ESCLATION CLAUSE: Given the recent dramatic increases in the cost of materials and freight, if Pacific Play's cost of materials and/or freight associated with this project increases by over 5% by the time this project gets installed, Customer shall be responsible for paying the additional cost over the initial 5% increase.

6. DEMOLITION: Unless other arrangements are made prior to the start of demolition, all demolition items shall be disposed of by Pacific Play Systems, Inc. in a manner selected by Pacific Play Systems, Inc. For demo purposes, unless otherwise noted in the contract, all slab thicknesses are assumed to be 4" or less with no reinforcement. If thickness of slabs turns out to be greater than 4" or have reinforcement in it, its demo, hauling and disposal cost shall increase at the rate of our actual cost plus 15% and Customer agrees to pay the additional cost.

All PIP rubberized surfacing thicknesses are assumed to be 3.5" or less. If PIP thickness turns out to be greater than 3.5", its demo, hauling and disposal cost shall increase at the rate of our actual cost plus 15% and Customer agrees to pay the additional cost. All changes in the scope of work shall be handled with a change order, promptly executed by both Parties so that no delays are experienced.

7. DISCOUNTS: Discounts (if any) provided are valid only if Customer completely fulfills his or her obligations under this Contract, including making timely payments per Payment Terms outlined in this Contract. Customer's failure to pay amounts due under this Contract in a timely fashion shall constitute forfeiture of all discounts provided under this Contract and shall increase Contract sum by the amounts of discounts provided.

8. ENGINEERED WOOD FIBERS (EWF) are sold in quantities of cubic yards. EWF will settle during and after installation, reducing its depth. Therefore, its depth cannot be guaranteed. Generally speaking,18" of material settles to a compacted depth of 10"-12". EWF require maintenance and some topping off from time to time. 1 Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, Phone 760-599-7355 - California Contractors Lic. #957776

9. ENTIRE AGREEMENT: This Contract constitutes the entire agreement between the Parties and supersedes any prior understandings, agreements, or representations by or between the Parties, written or oral, to the extent they relate in any way to the subject matter hereof.

10. EXPANSIVE SOILS: Pacific Play Systems, Inc. shall not be responsible for undesirable effects (poor drainage, settlement, expansion, contraction, finish surface cracking, etc.) of expansive and unstable soils (clay soils, uncompacted or loose sand, etc.). If applicable, it shall be Customer's responsibility to test soil samples and determine if the existing soil is suitable for the intended work, prior to the start of any work. If applicable, expansive or loose and uncompacted soils shall be removed at Customer's cost.

11. FINAL INSPECTION: Customer shall perform a final inspection of the project while Pacific Play Systems, Inc. and its agents are still on site and shall report any concerns to Pacific Play Systems, Inc. at that time so that valid concerns can be corrected right away to avoid delays and additional trips to the job site.

12. GOVERNING LAW: This Contract shall be governed by and construed in accordance with the domestic laws of the State of California without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of California. Jurisdiction shall be the County of San Diego, North County Judicial District.

13. INSURANCE: Pacific Play Systems, Inc. agrees to carry the following limits during the course of project:

Liability Insurance: $1,000,000 Each Occurrence, $1,000,000 Personal and Advertising Injury, $2,000,000 General Aggregate, $2,000,000 Products, Completed Operations Aggregate.

Excess Liability Insurance: $1,000,000 Each Occurrence, $1,000,000 Personal and Advertising Injury, $2,000,000 General Aggregate, $2,000,000 Products, Completed Operations Aggregate.

Workers Compensation: $1,000,000
Commercial Auto Insurance: $1,000,000
Proof of insurance or additional insured certificates (issued to Customer only) shall be provided upon request. Any custom wording (Primary Wording, Waiver of Subrogation, Cancellation Notices, etc.) on insurance policies or certificates to multiple entities shall be provided at additional cost, if requested and only if available. Customer acknowledges that Pacific Play Systems' subcontractors may have lower insurance limits and carry no excess liability insurance.

14. LABOR RATES: Unless otherwise noted in writing, all labor rates are Non -Prevailing Wage Rates. It shall be Customer's responsibility to inform us if a project is Prevailing Wage, before a contract is signed.

15. LIABILITY LIMIT: Pacific Play Systems, Inc.'s liability on any claim of any kind, including negligence, for any loss or damage arising out of, connected with or resulting from this Contract, or from the performance or breach thereof, or from the manufacture, sale, delivery, installation, resale, repair or use of any products covered by or furnished under this Contract, shall in no case exceed the price of the products or parts thereof which gives rise to this claim. In no event shall Pacific Play Systems, Inc. be liable for special, incidental or consequential damages, or for damages in the nature of penalties.

16. LEAD TIME: Unless otherwise noted, lead time for delivery of equipment is approximately 20 weeks (+/-) AFTER receipt of a signed Contract, deposit and color selection from the Customer. Lead time does not include time needed for shipping, site work and installation. Lead time may vary for different projects, depending on size and Scope of Work.
2 Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, Phone 760-599-7355 - California Contractors Lic. #957776

17. MAINTENANCE: Customer shall be responsible for maintenance and upkeep of all acquired equipment and materials associated with this Contract, including but not limited to maintenance of equipment, materials, surfacing, drainage system, etc. Playground equipment and surfacing require daily, weekly and monthly inspections. It is common that some bolts may come loose after use, particularly in moving parts. It shall be Customer's responsibility to inspect for loose or missing hardware and attend to it as needed.

18. NOTICES: All notices required by this Agreement shall be in writing and be delivered via United States Certified Mail, addressed to the party to whom such notices are directed. Either party may change its address for notices hereunder by giving notice to the other party in the same manner as provided herein.

19. OWNERSHIP: Once equipment and materials are delivered to the Customer's premises, it is considered delivered and Customer shall become responsible for its security. All costs associated with replacement of vandalized and/or stolen equipment, materials shall be Customer's responsibility. Customer shall take necessary steps to secure site and protect the work under progress, including keeping traffic away from the equipment under construction and protect finished surfaces (concrete, PIP surfacing, etc.) for a minimum of 24 hours after pour.

20. OPTIONS, ADDITIONAL SERVICES: Equipment, materials and services listed under Options or Additional Services are not included in the Scope of Work (cost is extra). If Customer chooses to add any of these items, Customer shall notify Pacific Play Systems, Inc. in writing as soon as possible and prior to the ordering of equipment so that Contract can be modified to incorporate the added items. Once equipment and materials are ordered, it may be too late to make any changes, without incurring additional costs.

21. PAYMENT TERMS: All payments are due per Contract 's Payment Terms. Past due balances are subject to an annual interest rate of 18%, or the maximum allowed by law, whichever is greatest. If payments are not received on time and collection becomes necessary, aside from adding interest, Pacific Play Systems, Inc. shall be entitled to collection costs incurred plus attorneys' fees & expenses to the full extent allowed by the applicable laws.

22. PERMITS: Unless otherwise noted in writing, obtaining permits are excluded from this Contract and shall be the Customer's responsibility. Prior to the award of this Contract, Customer shall perform his, her own due diligence and determine if a permit is required and advise Pacific Play Systems, Inc. in writing accordingly. If required, Customer shall obtain all required permits and licenses and pay all applicable fees. Unless otherwise noted or agreed upon in writing, if Pacific Play Systems, Inc. is instructed to obtain a permit, all associated costs shall be extra, billed at cost plus 20%.

23. PROTECTION OF EXISTING PLAYGROUND SURFACING: Sites at some playground renovation projects may contain existing playground safety surfacing that may be either sand, engineered wood fibers, rubber tiles, PIP rubberized surfacing or a combination of these items that may need to be protected while new improvements are made. Unless otherwise noted in our Contract, Customer shall remove and stockpile filter fabric, sand and engineered wood fibers out of the way prior to the start of work to minimize its contamination during construction and shall be responsible to place it back after completion of our work. Customer acknowledges that some damage to the existing rubber tiles or PIP rubberized surfacing may occur due to our work and the use of machinery, regardless of various protection methods used. Customer shall be responsible for the cost of its repair or replacement, if damage occurs.

24. REPAIRS: If any part of the project requires repairs (during or after completion) and becomes a safety concern, Customer shall close site immediately and properly barricade the site until repairs are made.

25. RETURNS: Equipment, materials associated with this Contract are highly customized and shall be considered Non -Returnable. Once the Contact is signed and equipment, materials and services are ordered, it cannot be cancelled. No Returns or Substitutions are permitted under this Contract, unless agreed to in writing by 3 Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, Phone 760-599-7355 - California Contractors Lic. #957776

Pacific Play Systems, Inc. If Pacific Play Systems, Inc. agrees to a change involving a reduction in the Scope of Work or the Contract Sum after the award of Contract, Pacific Play Systems, Inc. shall be entitled to charge Customer a fee in the range of 30% (as determined by Pacific Play Systems, Inc.) of the cost of items deleted for the time and effort put forth into processing those items. Additionally, any discounts (if any), associated with the deleted items shall be reversed.

26. SEVERABILITY: Any term or provision of this Contract that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction.

27. SHADE STRUCTURES: Shade structures, shade sails, umbrellas, shelters and canopies (hereafter referred to as Shade Structures) included in the Scope of Work (if any) are non -engineered (no calculations or engineering drawings are provided), non-structural (not rated for fire, wind or earthquakes), unless otherwise noted in writing.

Non -engineered, non-structural Shade Structures are considered temporary structures and will not be suitable for installation at locations that require obtaining a building permit. It shall be Customer's responsibility to determine if a building permit is required for these Shade Structures and communicate same with Pacific Play Systems, Inc. in writing, prior to executing this Contract so that Shade Structures can be designed, fabricated and priced accordingly for the structural upgrades needed for engineered structures so that a building permit can be obtained by others.

Unless otherwise noted, if Pacific Play Systems, Inc. is instructed to obtain a permit, all associated costs shall be extra at the rate of $120/hour, plus all necessary and applicable costs.

28. SITE WORK: Site work includes all work that is needed to prepare the site for the installation of equipment and materials. Site work includes, but is not limited to demo, hauling, grading, installation of site materials/sub-base/ drainage/curbing/sidewalks/etc. and creating sufficient space to accommodate the Use Zone of the equipment. If site work is excluded from the Scope of Work:

A. Customer shall prepare site so that it is ready for Pacific Play Systems, Inc. to move in.

B. It shall be Customer's responsibility to coordinate site requirements with Pacific Play Systems, Inc. and provide the proper rough grade elevation in order to have the site ready for installation.

C. If site is determined to not be ready upon move -in by Pacific Play Systems, Inc. and additional move -ins become necessary, a $2,000 - $2,500 extra move -in charge shall apply for each additional move -in and Customer shall become responsible for the safety of the site and for the safekeeping of the equipment and materials that are delivered to the job site until Pacific Play Systems, Inc. is able to return and re -start installation.

Some damage to the existing grounds and landscaping shall be expected due to Pacific Play Systems, Inc.'s operations. Unless otherwise noted in writing, repairs to the existing underground utilities, landscaping and irrigation system are excluded from Pacific Play Systems, Inc.'s scope of work and shall be Customer's responsibility. Pacific Play Systems, Inc.'s liability for cleaning marks (tire marks, etc.) on pavement shall be limited to power washing.

29. SLAB: All concrete slabs associated with the Scope of Work (if any), shall be 4" nominal (3 1/2" thick) without any reinforcement, unless otherwise noted.

30. SUCCESSION & ASSIGNMENT: This Contract shall be binding upon and inure to the benefit of the Parties named herein and their respective successors and permitted assigns. A Party may not assign either this Contract or any of its rights, interests, or obligations hereunder without the prior written approval of the other Party. Customer shall not assign this Contract to any third -party implementation agencies such as property management companies, contract compliance agencies, etc. without the prior written consent of Pacific Play Systems, Inc. 4 Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, Phone 760-599-7355 - California Contractors Lic. #957776

31. STORAGE FEES: If the project is delayed for any reason due to factors beyond Contractor's control, Customer shall become responsible for paying storage fees billed at Contractor's cost plus 15%. If a storage container becomes necessary to secure the equipment on site, Customer shall become responsible for covering its cost plus 15%.

32. SUB -BASE: PIP rubberized surfacing, tiles or artificial turf require either a concrete slab sub -base or a 90- 95% compacted Class II or crushed aggregate sub -base. When replacing an existing surface (PIP, rubber tiles or turf), it is difficult to know what kind of sub -base is installed underneath the existing surface or if that sub -base is suitable for the installation of the new surfacing, without removing the existing surface and damaging it. Unless otherwise noted in our Contract, if during work, it becomes clear that the existing sub -base is not suitable for the installation of the new surfacing and requires repairs, removal and/or replacement, cost associated with this work shall be extra (via a change order) and shall be billed at our cost plus 15%. Customer shall be notified of this condition and the associated cost to remedy it, once discovered. If additional work becomes necessary, Customer shall execute a change order for the additional scope without delay so that work can proceed timely.

Customer shall have the option of having the additional work done by others, as long as it does not slow down our work. If an additional move -in becomes necessary due to Customer having this work done by others, an additional move in cost shall be added to our Contract.

33. SUB -CONTRACTORS: Pacific Play Systems, Inc. reserves the right to use subcontractors to perform labor without prior consent from the Customer as long as subcontractors used are licensed and insured. Sub -contractors insurance limit is limited to $1 M for General Liability Insurance, $2M General Aggregate.

34. TERMINATION: This Contract shall not be terminated by either party without material cause. Pacific Play Systems, Inc. may terminate this Contract with Customer for lack of payment and for other material breach, if not cured within 10 days of receipt of a written notice to Customer. If this Contract is terminated by any party for any reason, Customer shall remain fully liable for the cost of equipment and materials ordered, administrative and other time spent on the project and for services rendered to the full extent allowed by law.

35. TESTING: Unless specifically noted in contract, cost of any testing such as CPSI or HIC testing shall be extra. HIC testing for PIP or turf shall not occur until the surface has a minimum of ten (10) days to cure.

36. UNFORESEEN CONDITIONS: Unforeseen conditions include, but are not limited to, having to deal with, modify or repair underground utilities (water, sewer, gas, electricity, irrigation lines & wiring, data, phone, drainage lines, etc.) found during excavation. Unforeseen Conditions shall also include having to excavate or remove boulders, rocks, rocky soil, etc. that cannot be cored through with a standard Bobcat, augur or excavated with a shovel and requires the use of a jack hammer or other means. Other examples of Unforeseen Conditions include unexpected items found during excavation that were not obvious or not disclosed by Customer, such as existing footings, curbing, border, pavement, tree roots, etc. found during the excavation for new footings, unless removal of these items was clearly noted in the Scope of Work. Finally, Unforeseen Conditions shall include any factors and/or conditions that adversely affect the cost of the project which were not disclosed by Customer in writing prior to the signing of this Contract. Cost of dealing with unforeseen conditions shall become extra and shall be added to the Contract sum at the rate of Pacific Play Systems, Inc.'s cost plus 20%. Customer shall indemnify Pacific Play Systems, Inc. from any liability associated with damage to underground utilities due to Unforeseen Conditions.

37. UTILITIES: Utilities include but are not limited to water, sewer, gas, electricity, irrigation lines & wiring, data, phone, drainage lines, etc. To minimize damage to utilities, Customer shall mark, cap or relocate all underground utilities that are located within the work area, prior to the start of work. Pacific Play Systems, Inc. and its subcontractors shall do their best to minimize damage to underground utilities that are identified by the Customer prior to the start of construction. However, should unintended damage occur due to site operations, repairs or relocation of underground utilities shall be excluded from the scope of our work. If utilities are damaged, Customer 5 Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, Phone 760-599-7355 - California Contractors Lic. #957776

shall repair, replace or relocate them at Customer's cost as soon as possible to minimize delays. At Customer's request, repairs may be made to damaged utilities by Pacific Play Systems, Inc. or its subcontractors at an additional cost of actual cost plus 20%.

38. UTILITY LOCATING SERVICE: For projects requiring excavation, prior to the start of work, Customer shall either clearly mark underground utilities and their depth, hire a utility locating service to locate them or authorize Pacific Play Systems, Inc. to hire a utility locating service to do so. Locating underground utilities is not an exact science and sometimes they are missed by utility locating companies or locations are not accurate, leading to unintended damage during excavation. Also, PVC or plastic pipes cannot be detected by these companies.

Therefore, some potential damage to utilities should be expected. If utilities are damaged, Customer shall hold Pacific Play Systems, Inc., its subcontractors, employees and officers harmless as it relates to any potential damages or liabilities. If underground utilities are damaged, regardless of whether a utility locating service was hired or not, Customer shall be responsible for the cost of their repair, replacement or relocation.

39. WARRANTY: Equipment warranties are provided by equipment manufacturers and not by Pacific Play Systems, Inc. Material warranties are provided by the supplier of materials and not by Pacific Play Systems, Inc.

When available, Pacific play Systems, Inc. shall provide copies of equipment and material warranties to Customer upon request. Pacific Play Systems, Inc. shall warrant all Labor provided in the Scope of Work for a period of one year from the date of completion.

Customer acknowledges that moving parts (spinners, zip lines, track rides, rope connections, swings, etc.) may require regular maintenance in order to stay operational. Pacific Play Systems shall not be responsible for the maintenance of these items which may involve tightening of bolts, connections, etc. Any service calls required to maintain moving parts (even during the one-year labor warranty period) shall be billed to Customer at cost plus 15%.
6 Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, Phone 760-599-7355 - California Contractors Lic. #957776

Project No.

EXHIBIT B

SCHEDULE OF PERFORMANCE

Matt Brand
From:

Sent:

To:

Subject:

Matt Brand
Tuesday, April 12, 2022 5:30 PM
Anna Goodson
RE: Schedule, Santa Fe Park
Anna,
Thank you for the Schedule of Performance. If I can be of further assistance, please let me know Thank you,
Matthew Brand, CYSA I Coordinator I Community Services
Placentia 1401 E. Chapman Ave. Placentia, CA 92870
^m 714-993-8232 18 (714-961-0283) I ® mbrandCwpfacentia.orq Parks
p LACENr1'1A Matte
Lif
Betfer!
Download the iPlacentia Mobile App:

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App Store
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Follow Us: 0

From: Anna Goodson
Sent: Tuesday, April 12, 2O22 5:14 PM
To: Matt Brand
Subject: Schedule, Santa Fe Park

EXTERNAL EMAIL
If the Santa Fe Park playground contract is approved by Placentia City Council in April, 2022 we will order the production of the playground materials when the contract is fully executed. With current production lead times we expect to have the materials in hand some time in the month of September 2022. It will take us approximately 6 to 8 weeks to complete the installation and site work. We expect the completion of the project by the end of November 2022. Once we have been notified that the items have shipped we will meet and come up with a more precise timeline for the installation of the playground. As stated in the contract any delays will be mutually agreed upon in writing
1 Anna Goodson
Pacific Play Systems, Inc.
3288 Grey Hawk Court, Carlsbad, CA 92010
Phone: 760-599-7355 Fax: 760-599-7385
a [email protected] www.pacificplayinc.com
2 Project No.

EXHIBIT C

CITY reserves the right to review any and all of the required insurance policies and/or endorsements but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements set forth in this agreement or failure to .identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this agreement.

1. Subrogation waiver endorsement; and

2. Properly completed Certificate of Insurance.

Project No.
shall apply separately to each project. The required limits may be provided by a combination of General Liability Insurance and Commercial Excess or Umbrella Liability Insurance. If contractor maintains higher limits than the specified minimum limits, CITY requires and shall be entitled to coverage for the higher limits maintained by contractor.
• Any deductible or self -insured retention shall be shown on the Certificate of Insurance. If the deductible or self -insured retention exceeds $250,000 it must be approved in advance by CITY. Contractor is responsible for any deductible or self -insured retention and shall fund it upon CITY'S written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY.
• Coverage shall be continued for one (1) year after completion of the work. • CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the contractor. CITY shall continue to be an additional insured for completed operations for (1) year after completion of the work.
• The policy definition of "insured contract" shall include assumptions of liability arising out of both ongoing operations and the products -completed operations hazard ("f' definition of insured contract in ISO form CG 00 01, or equivalent). • The insurance provided to the additional insureds shall be primary to, and non- contributory with, any insurance or self-insurance program maintained by them. • The policy shall cover inter -insured suits and include a "Separation of Insureds" or "severability" clause which treats each insured separately. • The policy shall be endorsed to include a written waiver of the insurer's right to subrogate against all persons or entities that are, or are required to be, additional insureds.
• The policy shall not contain a Contractors' Warranty or other similar language which eliminates or restricts insurance because of a subcontractor's failure to carry specific insurance or to supply evidence of such insurance. • Required Evidence of Coverage:

2. Copy of the endorsement or policy language indicating that coverage applicable to the additional insureds is primary and non-contributory;

1. Copy of the endorsement or policy language indicating that CITY is an insured; and

2. Properly completed Certificate of Insurance.

CITY shall be included as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Contractor. Additional insured status shall continue for one (1) year after completion of the work. • The insurance provided to the additional insureds shall apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by them.

Project No.
• If the insurance is on a Claims -Made basis, the retroactive date shall be no later than the commencement of work.
• The insurance shall be continued for one (1) year after completion of the work. If the insurance is on a Claims -Made basis, the continuation coverage may be provided by: (a) renewal of the existing policy; (b) an extended reporting period endorsement; or (c) replacement insurance with a retroactive date no later than the commencement of the work.
• Required Evidence of Coverage:

1. Copy of the additional insured endorsement or policy language granting additional insured status;

2. Copy of the endorsement or policy language indicating that coverage for the additional insureds is primary and non-contributory;

3. Properly completed Certificate of Insurance.

E. Standards for Insurance Companies
• Insurers, other than the California State Compensation Insurance Fund, shall ' have an A.M. Best's rating of at least A:VII.

F. Documentation
• The Certificate of Insurance shall include the following reference:
• The name and address for Additional Insured endorsements and Certificates of Insurance is: City of Placentia
• Contractor shall provide immediate written notice if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; or (3) the deductible or self -insured retention is increased. • Current Evidence of Coverage shall be provided for the entire required period of insurance.
• Upon written request, certified copies of required insurance policies shall be provided within thirty (30) days.

Project No.

EXHIBIT D

CERTIFICATES OF INSURANCE AND ENDORSEMENTS

Project No.

EXHIBIT E

CLAIMS PROCEDURE
SUMMARY OF PUBLIC CONTRACT CODE § 9204
The following procedure will apply to any claims by the Contractor on the City:

TO:

VIA:

FROM:

DATE:

SUBJECT:

Placentia City Council

AGENDA REPORT

CITY COUNCIL

CITY ADMINISTRATOR

DEPUTY CITY ADMINISTRATOR / SUPPORT AND EMERGENCY SERVICES APRIL 19, 2022

INTRODUCTION OF THE PLACENTIA PUBLIC SAFETY COMMUNICATION CENTER AND THE CENTER'S 2021 ANNUAL REPORT
FISCAL
IMPACT: NONE
SUMMARY:

In 2020, the Placentia Public Safety Communications Center ("Communications Center") was restructured to allow the department to be managed by City Administration. As part of that transition, a Communications Manager was hired and additional staffing was budgeted to prepare for the additional services for which the Communications Center would be responsible. On July 1, 2020, the Communications Center began call processing and dispatching the City's new Fire and EMS services, in addition to handling the Placentia Police Department operations.

To allow time for Staff to become familiar with the new operations within the Communications Center, and to allow for sufficient data to be gathered to compare from the previous year, an Annual Report was created for the 2021 calendar year. This Report ("Report") is a summary of the work accomplished by the Placentia Public Safety Communications Center from January 1, 2021 through December 31, 2021.

RECOMMENDATION:

It is recommended that the City Council take the following action:

Receive and file a copy of the completed 2021 Annual Report.

DISCUSSION:

The Placentia Public Safety Communications Center completed an Annual Report for the period of January 1, 2021 through December 31, 2021. The Report gathers information about Communications Center activity throughout the year and is a produced publication that summarizes events, statistics, budget, and the Communications Center highlights and accomplishments. This Report was produced for the public to relay information about the Communications Center performance, accomplishments, and strategic goals.

3. e.

Apr. 19, 2022

City Council Agenda
April 19, 2022

Page 2 of 2 ends

Prepared by:
le Acosta -Reyes
Con'frhunications Manaer
Reviewed and Approved:

Damien ' . Arrula
City Administrator
Reviewed and Approved:

Rosanne -Ramirez `-
Deputy City Administrator
Attachments:

1. Placentia Public Safety Communications Center 2021 Annual Report

2. Presentation — Introduction of Placentia Public Safety Communications Center and Annual Report

TABLE OF

CONTENTS
01 City Officials
09 Police Operations
02 10
Our Mission , Vision, and Values Programs & Systems
03 11
Organizational Structure Certifications & Training
04 i2
Staffing Staff Training, Development &
Community Outreach
05 Operational Performance
06 Fire & EMS Operations
Fire & EMS Operations
Police Operations
13 Awards & Celebrations
14L
Accomplishments
15 Accomplishments
2 -year Strategic Plan Goals
Placentia Public Safety Communications Center- Annual Report 2021

O
v
um
0 Rhonda Shader
o
co
2 .46
N_
c
oliest
Ward L. Smith
Chad P. Wanke
Jeremy B. Yamaguchi
Councilmember
Mayor Pro Tem
Councilmember
LO
CO
It
In
0 Ca
u
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a
Robert S. McKinnell
City Treasurer
Kevin A. Larson
City Administrator
Damien R. Arrula
ATTACHMENT 1

OUR MISSION
MISSION STATEMENT: Our Public Safety Communications Center is committed to providing exceptional service to the citizens and responders of the City of Placentia using the highest standards to protect life and property.

VISION STATEMENT: We aspire to become a communications center who is respected and admired by our public safety peers and the citizens of Placentia. We want to do the right thing, at the right time, for the right reason.

VALUES: We owe each other a working environment characterized by TRUST and RESPECT for each other, fostering open and honest COMMUNICATION at all levels. We seek CLEAR EXPECTATIONS of our job duties and hold ourselves and each other ACCOUNTABLE in everything we do. We prepare to handle any situation through proactive and continuous TRAINING and education.

WHO WE ARE: We are a public safety communications center answering 9-1-1 emergency calls for police, fire and emergency medical needs throughout the City of Placentia. Our center is staffed 24 hours a day, seven days a week by a team of skilled and dedicated Public Safety Dispatchers who strive to make your experience with our police and fire departments a positive one.

Placentia Public Safety Communications Center- Annual Report 2021ATTACHMENT 1 02 ORGANIZATIONAL

STRUCTURE
Ar
Communications
Supervisor
Megan Rodriguez
f _
Lead
Dispatchers
•
•
City
Administration
Deputy City
Administrator
Rosanna Ramirez
•
Communications
Manager
Stefanie Acosta -Reyes
Communications
Supervisor
Brittney Oldham
Training
Officers
'Communications
Supervisor
VACANT
Dispatchers
Dispatch
Trainees
Placentia Public Safety Communications Center- Annual Report 2021. 03 STAFFING

POSITION

BUDGETED CURRENT STAFFING
Manager
1 1
Supervisors
3 Dispatchers (FT)
12 8
Dispatchers (PT) 4
3 "3rd supervisor position under active recruitment
"2 FT dispatcher applicants are currently in backgrounds .

Placentia Public Safety Communications Center - Annual Report 2021 04 OPERATIONAL

PERFORMANCE
The National Emergency Number Association (NENA) has developed standards for answering 9-1-1 calls.

Section 3.1 of the "NENA Call Answering Standard/Model Recommendation" is as follows:
"Standard for answering 9-1-1 Calls- Ninety percent (90%) of all 9-1-1 calls arriving at the Public Safety Answering Point (PSAP) shall be answered within ten (10) seconds during the busy hour (the hour each day with the greatest call volume, as defined in the NENA Master Glossary 00-001). Ninety-five (95%) of all 9-1-1 calls should be answered within twenty (20) seconds." Upon transition of the Communications Center, the goal of management was and will continue to be to exceed the national standards established by NENA.

CALL VOLUM1
Our communications center triaged over 55,000 calls. We handled 14,302 9-1-1 calls throughout the year. We managed and processed 41,098 administrative calls.

Average % for 9-1-1 calls answered within 10
seconds
Average % for 9-1-1 calls answered within 20
seconds
Based upon the data above the PPSC has exceeded NENA standards.

Placentia Public Safety Communications Center - Annual Report 20 ZP-TACHMENT 1
05 FIRE & EMS

OPERATIONS
Our Communications Center dispatched
over 4,400 medical and fire events.
3,331 medical calls
,156 fire calls
Most Common Type of Events:

Medical- Breathing Problems, Falls, Sick Person,
Unknown Problem
Fire- Traffic collisions, Alarms, Service incidents, All fires Placentia Public Safety Communications Center- Annual Report 2021, 06 FIRE & EMS

OPERATIONS
Most Common Type of Events:

MEDICAL EVENTS
• Sick Person r Fall Breathing Problems

FIRE EVENTS
. Unknown Problem • Other
■ Alarms ■ Service Incidents ■ Traffic Collisions ■ All Fires ■ Other Placentia Public Safety Communications Center- Annual Report 2021 07 POLICE

OPERATIONS
Calls are prioritized based on time element and nature
of the event.
_ ••
Prinrity 1. - 1809 gagrpntc
This is the highest priority incident. It is used for calls where the physical well-being of a person is in jeopardy, disasters, or crimes in progress. Also included in priority calls, but to a lesser degree, are calls in which property is in jeopardy and the crime is in progress or just occurred and the suspects are still in the area. Priority 1 calls will be dispatched immediately to the closest two available police units.

Priority 2 - 8.617 event
These calls for service do not require an emergency response, but should be dispatched as soon as units are available. These incidents include routine officer activities. Priority 2 calls should be dispatched within 10 minutes.

Prix ri$i 4 - 6,Thv QErontc
These are informational in nature, or the time element indicates that no person or property is in jeopardy, or incidents that are not in progress or will be a report. These calls are handled in which the order they are received. Priority 3 calls may be held for the appropriate beat unit up to 10 minutes, then it will be dispatched to the next available officer(s). Priority 3 report calls may be dispatched to another available unit(s) before a 20 minute time frame is reached.
k Priority 4 - 7.069 events
These calls are the lowest priority incidents, which include public contacts, non -emergency, administrative functions or informational incidents. These calls should not hold in excess of 25 minutes.

Placentia Public Safety Communications Center - Annual Report 202kTTACHMENT 1 08 POLICE

OPERATIONS
ffiI�WR1' :vd�F.�MdMr:'�BRr�J? _�P'?Mrrr�'_<�
�Gty7tilUlY�`A=a; ��+.:;ii�� Tz+-'kh'alaTE(.i8
24,272 calls for service dispatched
throughout the year.

CALL PRIORITY
■1 ■2 ■3 t 4
Placentia Public Safety Communications Center- Annual Report 2021, 09 PROGRAMS &

SYSTEMS
Within the Communications Center, the dispatchers utilize a variety of software and programs which allow for essential functions and tasks to be carried out.

III Tekjpr nMrkratinnr
• Vesta- Computer phone system enabled to receive 9-1-1 and non -emergency calls
• Mark 43- Cloud -based computer aided dispatch system
• Priority Dispatch- Structured medical and fire event triaging software
• Text to 9-1-1- Application utilized to receive text messages from the public
• Rapid Deploy- Tactical mapping system utilized for wireless calls
• Rapid SOS- Emergency response data platform that links data from smart devices and automobiles
Field Responder Operation_
• ELETE- County -wide system utilized for inter -agency law enforcement communication and access to various databases • West Net- Fire station alerting software activated through CAD • First Due- Application which provides additional location details and mapping.
• Nixie- Mass public notification system utilized to sent alerts to subscribers
Centor nnorations
• Agency 360 -Training software program used to monitor and document new employee training and progress
• California Law Enforcement Web (CLEW)- Department of
Justice database used for legal updates and to obtain
necessary codes for data entry
• eSchedule- employee electronic scheduling software
Placentia Public Safety Communications Center- Annual Report 2025 10 CERTIFICATIONS
& TRAINING

EACH OF OUR EMPLOYEES ARE
CERTIFIED IN:

CPR EMD EFD POST
Basic L'fe Support
Emergency Medical
Dispatch
Emergency Fire
Dispatch
Peace Officer
Standards 6 Training

ADDITIONAL CERTIFICATIONS
Required if employees take on a leadership role within the Center.

CTO SUPi.IVIL,..

Communications
Training Officer
Dispatch Supervisory Course
CPR recertification must occur every two years.

EMD and EFD recertification is required every two years.

Continued education hours are required by both Priority Dispatch as well as POST. • 36 hours of CDE is required by Priority Dispatch
• 24 hours of CDE is required by POST
Placentia Public Safety Communications Center - Annual Report 202ATTACHMENT 1 11 STAFF TRAINING,

DEVELOPMENT &

COMMUNITY OUTREACH
In addition to the required certifications that Communications staff must complete, there are several other opportunities for development and training offered. • Standard Operating Procedures (SOPs) are now introduced to employees and implemented when new processes are created among the public safety departments.
• Monthly training topics are created and shared with staff members. These topics can range from new operational procedures, new application instructions, and employee wellness.
• Employees are encouraged to participate in ride alongs with both our police and fire departments.
• Each employee is cross -trained on all disciplines- police, fire and EMS.

Our team members participated
in the Placentia Police Department
Citizen's Academy in October 2021.

Public Safety Dispatch
Supervisor Rodriguez 6
Public Safety Dispatcher
Rodriguez were our
presenters .

Placentia Public Safety Communications Center - Annual Report 2021 12 AWARDS &

CELEBRATIONS
Members within our division continuously celebrates each other for our accomplishments.
c:Fb
1 a_at.P.

RELEASE FROM TRAINING
Once new hires successfully complete all phases
of training, he or she is presented with an official
memo of release from training and are celebrated
in the center.

We had 4 full-time employees pass their training
in 2021.

LIFE SAVING AWA'
To date, 7 Life Saver Awards have been distributed
to employees. Each employee receives a certificate,
along with a lapel pin he or she can proudly wear.

TELECOMMUNICATORS

APPRECIATION WEEK
Every second full week in April, Public Safety
Telecommunicators are celebrated. We organize
different themes for each day during the week,
wear costumes, play games and share treats to
show our appreciation for each other.

Additional awards have been distributed for attendance and we are awaiting the day we can also hand out a stork pin for a successful baby delivery.

Placentia Public Safety Communications Center- Annual Report 202ATTACHMENT 1 13 ACCOMPLISHMENTS
There have been many accomplishments the Communications Center staff are proud to have achieved throughout the year.

Public Safety Telecommunicators are Recognized
by the State as First Responders
California State Law AB1945 recognizes public safety dispatchers as first responders.

Implementation of a S+ructured Training Pr,,gram
Newly hired dispatchers are now provided a training manual, complete an onboarding and orientation phase, receive daily observation reports, and train in phases for each of our disciplines.
(,Quality AccrrranCQ Progr r.,.

As of January 2021, a quality assurance process is now in place for fire and medical events.

Peace Officer Standards & Training Membershin
In March 2021, our Communications Center became recognized by The Commission on Peace Officer Standards and Training (POST) as its own entity.

Remodel and Equipment Upgrades
In February 2021, an employee break room was developed and now provides an area for short employee breaks, snacks and meal storage.

In August 2021, planning for the Communications Center remodel began. New consoles, electrical upgrades, new carpet, and an additional console were installed in February 2022.

Placentia Public Safety Communications Center- Annual Report 2021 14 ACCOMPLISHMENTS
Additional improvements made within the Communications Center include:

Prnnirwnn Ilifigagai4 Imnleimpntarl
Management schedules employee one-on-one meetings quarterly.

Trainer meetings are held monthly. Supervisor meetings are held monthly.

Employee Suggestion Bor
Recognizing that not all good ideas need to come from
management or supervision, an employee suggestion box has been placed in the Communications Center break room. Several employees have used this avenue for submitting suggestions, concerns, or ideas.

Participation in the Public Safety
Poor Siinnort Ti im
In May 2021, the City's three Public Safety departments joined together to build a peer support team. In October, two of our dispatchers became trained and certified in basic peer support.

Attrition Pate Has Red, iced
All full-time employees hired during the year have successfully passed training and remain a vital part of the team.

Placentia Public Safety Communications Center- Annual Report 2021 15 2 -YEAR STRATEGIC

PLAN GOALS
Although our Communications Center has made incredible strides over the past year, there is always room for growth. Our division has set numerous goals we'd like to achieve over the next two years. These goals include:
• Fill all remaining vacant positions
• Establishing a social media presence
• Continue to participate in the Police Department's Citizen's Academy • Participate in National Night Out each August
• Provide 9-1-1 for Kids education to our local schools • Participate in local high school and college career day presentations • Develop and implement a quality assurance & improvement program for police events
• Establish an Employee Wellness Program
• Attain Accreditation through International Academies of Emergency Dispatch • Relocate to the new Public Safety Building
• Begin the Accreditation process through The Commission on Accreditation for Law Enforcement Agencies
We thank you for your=
continued support.

Placentia Public Safety Communications Center - Annual Report 2021 16 Placentia Public Safety Communications
2021 Annual Report
April 19, 2022
1 ATTACHMENT 1

Introduction
We are a Public Safety Communications Center
answering 9-1-1 emergency calls for police, fire
and emergency medical needs throughout the
City of Placentia. Our center is staffed 24 hours a
day, seven days a week by a team of skilled and
dedicated Public Safety Dispatchers who strive to
make your experience with our police and fire
departments a positive one.

Our Mission
Our Public Safety Communications Center is
committed to providing exceptional service to
the citizens and responders of the City of
Placentia using the highest standards to protect
life and property.

Vision and Values
VISION STATEMENT:

We aspire to become a communications center who is respected and admired by our public safety peers and the citizens of Placentia. We want to do the right thing, at the right time, for the right reason.

TRUST & RESPECT

CORE VALUES

COMMUNICATION CLEAR EXPECTATIONS

ACCOUNTABILITY TRAINING

Vacant
Organizational Chart
City Administration
Deputy City
Administrator
Rosanna Ramirez
Communications
Manager
Stefanie
Acosta -Reyes
Communications
Supervisor
Megan Rodriguez
Communications
Supervisor
Brittney Oldham
Communications
Lead Dispatcher Training Officers
Communications
Supervisor
Dispatchers
Dispatch
Trainees

Staffing
Effective February 2022
8 FT dispatcher positions filled
3 PT dispatcher positions filled
2 supervisor positions are filled
*3rd supervisor position actively recruiting

POSITION
Manager
Supervisors
Dispatchers (FT)
Dispatchers (PT)

BUDGETED

CURRENT

STAFFING
1 1
3 2
*
12 8

Operational Performance
The National Emergency Number Association (NENA) has developed standards for answering 9-1-1 calls. The NENA model recommendation is as follows:
90% of all 9-1-1 calls arriving at the Public Safety Answering Point (PSAP) shall be answered within ten (10) seconds during the busy hour
95%) of all 9-1-1 calls should be answered within twenty (20) seconds
Upon transition of the Communications Center, the goal of management was and will continue to be to exceed the national standards established by NENA.

Call Volume & Pe formance
Our Communications Center triaged over 55,000 calls throughout the year.

Handled 14,302, 9-1-1 calls
Managed and processed 41,098 administrative calls
Average percentage for 9-1-1 calls answered within 10 seconds: 99.54% Average percentage for 9-1-1 calls answered within 20 seconds: 99.94% The PPSCC has exceeded the NENA recommendation of 90%!

Fire & EMS Operations
Dispatched over 4,400 medical and
fire events.
3,331 Medical calls
1,156 Fire calls
Most common calls for service:

Medical: Breathing problems, falls,
sick person, unknown medical
Fire: Traffic collisions, alarms, service
incidents
Other EMS
34%
Other Fire
7%

FIRE & EMS EVENTS
Sick Person
15%
Service
Traffic Collisions Incidents
5% Alarms 8%
6%
*Data extracted from Mark 43 CAD
9 Falls
11%
Breathing
Problems
8%
Unknown
Medical
6%

Police Operations
24,272 calls for service dispatched throughout the year.

These calls are categorized by priority 1, 2, 3 and 4 and are dispatched according to priority.

Priority 1- 1,809
= Priority 2- 8,617
Priority 3- 6,777
= Priority 4- 7,069
10 PUCEMu%
N

Police Operations

CALL PRIORITY
m1 2 73 m4
`Data extracted from Mark 43 CAD
Priority 1 examples include:

Robbery, Injury Traffic
Collision, Battery
* Priority 2 examples include:

Vehicle tampering, Burglary
■ Priority 3 examples include:

Vandalism Report, Stolen
Vehicle Report
Priority 4 examples include:

Information, Stakeout, Private
Party Impounds
11 Special Programs & Systems
Within the Communications Center we utilize a variety of software systems which allow us to carry out various daily job tasks.

Mark 43 CAD/RMS
Priority Dispatch
ELETE
Text to 9-1-1
Rapid Deploy
Rapid SOS
West Net
First Due
Nixie
Agency 360
12 Certifications and Training
All PPSCC employees are certified in:
• Basic Life Support CPR
• Emergency Medical Dispatch (EMD)
• Emergency Fire Dispatch (EFD)
• Peace Officer Standards and Training (POST) within their first year of employment
Additional training for leadership positions:
• Communications Training Officer certification
• Supervisor certification

Staff Training & Development
• Standard Operating
Procedures
• Monthly Training Topics
• Ride Alongs
• Cross -Training

Community Outreach and Participation
Placentia Police Department
Citizen's Academy

Awards & Celebrations
• Telecommunicators Appreciation Week
(every 2nd full week in April
• 7 Life Saver Awards
• 2 Attendance Awards
• Successful training completed by
4 FT employees hired within the year

Accomplishments
• Public Safety Telecommunicators are recognized by the state as first responders
• Implementation of a structured training program
• Training Manual/ Trainer's Manual
• Onboarding and Orientation period
• Daily Observation Reports
• Training in Phases
• Completion of training curriculum now required to dispatch independently
• Quality Assurance Program implemented for medical/ fire events

Additional Accomplishments
• Attained POST membership
• Created employee break room
• Redesign, construction and remodel of the entire Communications Center completed in February 2022
• Added one additional console to expand for training
• Employee one-on-one meetings held quarterly
• Established employee suggestion box
• Participation in the Public Safety Peer Support Team with PD, Fire & Lynch • Attrition rate has reduced

Strategic Plan Goals
• Fill remaining vacant positions
• Establish a Social Media presence
• Citizen's Academy participation
• National Night Out participation
• Develop and implement a quality assurance & improvement program for police incidents
- Create 911 Kids Education Program
• Career Day presentations at local schools
- Establish an Employee Wellness Program
Attain Accreditation through International Academies of Emergency Dispatch (IAED) Begin Accreditation through The Commission on Accreditation for Law Enforcement Agencies (CALEA)

Questions & Comments

Placentia City CouncilApril 19, 2022

Placentia City Council
April 19, 2022