Placentia City Council
March 21, 2023

DISCUSSION:

On January 1, 2021, the City Council entered into a lease agreement with the Karagines Family Trust and the Dennis and Deborah Sigalos Family Trust for the property they owned at 166 E. La Jolla Avenue, Placentia (Attachment 1). The property includes an approximately 21,000 square foot light industrial commercial building that the Placentia Police Department has been utilizing for a number of years as supplemental office space and to house the Police Department's vehicle storage and impound lot and other operations. The term of the agreement is for three (3) years and expires on December 31, 2023. In October 2022, Kappe Terracina, LLC, purchased the building. The City is currently constructing the Placentia Public Safety Center which will include warehouse space for the Police Department to transfer the operations currently housed in the leased building. The Placentia Public Safety Center is scheduled to be completed by the end of December 2023.

The project team has phased the Public Safety Center Project in two (2) main project phases to focus on delivering the new warehouse first, given the time constraints the expiring lease agreement presents to the City. City Staff has held numerous discussions with the building's new owners in the hopes of securing a short-term extension to hedge against any unforeseen delays in completing the new warehouse, and to provide sufficient time for the Police Department to physically transfer all operations currently housed in the leased building into the new Placentia Public Safety Center. The new owners have agreed to extend the existing lease an additional three (3) months at market rate lease terms (Attachment 2) from December 31, 2023, through March 31, 2024. Staff recommends that the City Council approve this proposed lease agreement to ensure there is sufficient time for a smooth transition into the facility. The proposed agreement includes an early termination provision of $13,042.69 should the City elect to forgo the lease extension within four (4) months of the lease expiration date.

FISCAL IMPACT:

The proposed lease extension includes a monthly base rent of $39,479 for three (3) months (or $118,437 total) through March 31, 2024. The City has budgeted funds in the Operating Budget each year to cover the cost of leasing this facility and Staff will ensure that sufficient funds are budgeted in the FY 2023-24 Operating Budget to cover the monthly payments through the lease extension expiration date.

Prepared by:

Luis Estevez
Deputy City Administrator
Reviewed and approve
rad Butts
Chief of Police

City Council Agenda
March 21, 2023

Reviewed and approved: Reviewed and approved:

Jennifer Lampman Damien R. Arrula
Director of Finance City Administrator
Attachments:

1. Existing Lease Agreement

2. First Amendment to Lease Agreement

LEASE AGREEMENT
This Lease ("Lease") made and entered into as of January 1, 2021 ("Effective Date"), by and between the Karagines Family Trust and the Dennis and Deborah Sigalos Family Trust (collectively the "LESSOR") and the City of Placentia, a Charter City and municipal corporation ("CITY") (collectively the "Parties" sometimes hereinafter) regarding that certain parcel of real property, with improvements thereon, as depicted in Exhibit "A" hereto and commonly referred to as 166 East La Jolla Avenue, Placentia, California ("Property").

A. Recitals.
(i). Lessor represents and warrants that it owns that certain real property, located entirely within City, the common and legal description of which is set forth in Exhibit "A," attached hereto and incorporated herein by this reference and hereinafter are referred to as "the Premises.". (ii). All legal prerequisites to the making of this Lease have occurred.

B. Lease.

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby the parties hereto agree as follows:

1. Rent. The rent for the Premises -shall be at the following rent schedule:

January 1, 2021— December 31, 2021 $11,830.10 per month January 1, 2022 — December 31, 2022 $12,421.61 per month January 1, 2023 —December 31, 2023 $13,042.63 per month s, 1�� .e) The rent shall be due and payable quarterly, in advance, commencing January 1, 2021, and due and payable on or before the first day of each and every quarter thereafter. Said rent shall be paid to Lessor in equal amounts to the Lessors' address of record.

2. Term. The term of this Lease shall commence on January 1, 2021 ("Commencement Date"). Unless earlier terminated as provided herein, this Lease shall expire and be of no further force and effect at midnight December 31, 2023 (the "Initial Term"). Notwithstanding the foregoing, the Parties hereto may mutually agree in writing to extend the term hereof; provided, however, that no such extension shall exceed a period of two (2) one (1) year periods. This Lease may be terminated without further liability on one -hundred, eighty (180) days prior written notice as follows: (a) by either party upon a default of any covenant, condition, or term hereof by the other party, which default is not cured within one -hundred, eighty (180) days of receipt of written notice of default; (b) by CITY in its sole discretion upon written notice to LESSOR, this Lease, and upon CITY's written notice and payment to LESSOR of an early termination payment as liquidated damages by CITY to LESSOR equal to four (4) months rental at the Rent rate then in effect. The early termination payment in this Section shall not in any way be considered as Rent or Rent offset. Other than as stated herein, LESSOR and CITY shall not have the right to terminate, revoke or cancel this Lease Agreement.

3. Property Acceptance. CITY accepts the Premises in "as -is" condition and acknowledges LESSOR has not made any representations, express or implied, as to its condition.

CITY, as part of the consideration for the Premises, agrees at CITY's sole cost and expense, to keep the Premises in good condition and repair, and surrender the Premises in good condition and repair with -the exception ofreasonable wear and tear thereof.

4. Utilities. CITY shall pay promptly all charges for gas, electricity, water, refuse removal, sewer assessment, and other utility bills applicable to the Premises during CITY's occupation, and hold LESSOR harmless therefrom.

5. Equipment. All shelving and storak.e racks throughout the commissary and warehouse areas shall not be removed from the property without previous written consent from LESSOR. All storage shelving and warehouse racks shall be maintained. Refrigeration and freezers shall be maintained up_ until end of life is determined b -y -a third party vcrt& .

6. Maintenance. CITY rents the Premises "as is" and is responsible for all maintenance. At the sole cost of CITY, CITY shall maintain the Premises in good, clean, and safe condition. LESSOR shall not have any responsibility to maintain the Premises. CITY is responsible for all repair and/or replacement of glass as necessary and for all cleaning and general maintenance of the Premises including, but not limited to plumbing, heating, electrical and parking surfaces. CITY and LESSOR understand and acknowledge that due to the age of the building that the roof may leak or currently leaks. The Parties agree that LESSOR has the obligation to make such roof repairs as reasonably necessary. CITY shall maintain open space and parking areas in a weed -free groomed condition. Plantings are encouraged. Painting of the building or any part of the Premises shall be at the approval of LESSOR. All signing shall conform to CITY code and permits obtained from CITY Building Inspector.

7. LESSOR Representations and Warranties. LESSOR makes the following representations and warranties as of the Effective Date and again as of Closing:

7.1. LESSOR has obtained all necessary authorizations and consents to enable it to execute and deliver this Lease and to consummate the transaction contemplated hereby. This Lease and the other documents to be executed by LESSOR hereunder will have been duly entered into by LESSOR and will constitute legal, valid and binding obligations of LESSOR enforceable in accordance with their respective terms.

7.2. LESSOR is not a "foreign person" within the meaning of 26 U. S. C. 1445(f)(3) (Internal Revenue Code of 1986, as amended).

7.3. The execution, delivery and performance of this Lease hereunder will not conflict with any Lease, contract or law applicable to LESSOR nor constitute a default under any Lease of instrument to which LESSOR is a party or by which LESSOR or the Property are bound.

7.4. LESSOR has not: (1) made a general assignment for the benefit of creditors; (2) filed any voluntary petition in bankruptcy; (3) received notice of the appointment of a receiver to take possession of all or substantially all of its assets; (4) received notice of the attachment or other judicial seizure of all or substantially all of its assets; (5) admitted in writing its inability to pay its

debts as they come due; or (6) made an offer of settlement, extension or composition to its creditors generally.

8. CITY Representations. CITY represents and warrants as of the Effective Date and again as of the Closing as follows:

8.1. CITY has obtained all necessary authorizations and consents to enable it to execute and deliver this Lease and to consummate the transaction contemplated hereby. This Lease and the other documents to be executed by CITY hereunder will have been dilly entered into by CITY and will constitute legal, valid and binding obligations of CITY enforceable in accordance with their respective terms.

8.2. The execution, delivery and performance of this Lease and the Closing hereunder will not conflict with any Lease, contract or law applicable to CITY nor constitute a default under any Lease or instrument to which CITY is a party or by which CITY is bound. '8.3. CITY has not (i) made a general assignment for the benefit of creditors; (ii) filed any voluntary petition in bankruptcy against it; (iii) received notice of the appointment of a receiver to take possession of all or substantially all of its assets; (iv) received notice of the attachment or other judicial seizure of all or substantially all of its assets; (v) admitted in writing its inability to pay its debts as they come due; or (vi) made an offer of settlement, extension or composition to its creditors generally.

8.4. CITY or its consultants/advisors have the expertise, knowledge and experience to analyze the Property. CITY acknowledges that, except for the § 7 representations and warranties, CITY will in no way rely on any records of LESSOR.

9. LESSOR has not made (and specifically negates and disclaims) any representations or warranties, promises, covenants, Leases or guarantees of any kind, character or nature whatsoever, whether express, implied or otherwise, oral, written, of, as to, concerning or relating to any Property Conditions. Except for Reserved Matters, the parties intend that the foregoing release shall be effective with respect to all matters, past and present, known and unknown, suspected and unsuspected. CITY realizes and acknowledges that factual matters now unknown to it may have given or may hereafter give rise to losses, damages, liabilities, costs and expenses which are presently unknown, unanticipated and unsuspected, and CITY further agrees that the waivers and releases herein have been negotiated and agreed upon in light of that realization and that CITY nevertheless hereby intends to release, discharge and acquit LESSOR from any such unknown losses, damages, liabilities, costs and expenses. In furtherance of this intention, the CITY hereby expressly waives any and all rights and benefits conferred upon it by the provisions of California Civil Code § 1542, which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE

CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR

AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." The CITY acknowledges that the foregoing acknowledgments, releases and waivers

including the waiver of the provisions of C alifornia Civil Code § 1542 were expressly bargained for.

City Initials
"Property Conditions" means any matter whatsoever relating to the Property or this Lease or of concern to CITY, i ncluding: title; the environmental condition of the Property (including the presence or absence of Hazardous Materials in, on or about the Property and Including:
claims, liabilities and contribution, reimbursement and indemnity rights relating to the presence, discovery or removal of any Hazardous Materials in, at, about or under any Property, or for, connected with or arising out of any and all claims or causes of action based thereon including any claims made under CERCLA or other similar environmental laws, whether state or Federal, providing for contribution); water, rail„ pest -ate geological conditions of the Property; the financial condition of the Property; the suitability of the Property or any and all activities and/or uses which may be conducted thereon; the compliance of or by the Property with any and all laws, rules, ordinances or regulations of any applicable governmental authority or body (Including environmental, zoning, building codes, and the status of any development or use rights respecting the Property); the habitability, merchantability, marketability, profitability or fitness for a particular purpose of the Property; or the physical condition of the Building, Including construction defects, deferred maintenance or other adverse physical conditions or defects.

10. Brokerage Commissions. LESSOR and CITY each represent and warrant that no real estate commission, broker's fee or finder's fee is payable in connection with the transaction contemplated by this Lease. LESSOR indemnifies CITY from and against any and all liabilities, claims, demands, damages, or costs of any kind arising from or connected with any broker's or finder's fee or commission or charge ("Broker Claims") claimed to be due by any person arising from or by reason of the conduct of LESSOR with respect to this transaction.

CITY Indemnifies LESSOR from and against any and all Broker Claims claimed to be due by any person arising from or by reason of the conduct of CITY with respect to this transaction.

12. LESSOR Default. If LESSOR defaults under any of the terms of this Lease and if such default is not cured within thirty (30) days after reeeipt by LESSOR of written notice from CITY, CITY shall be entitled as the sole and exclusive remedy of CITY to either: (1) terminate this Lease; or (2) commence an action for specific performance, provided however that as a condition to specific performance CITY shall have performed all of its obligations hereunder and waived all conditions for CITY's benefit. In no event shall CITY be entitled to actual, punitive or consequential damages. CITY acknowledges and agrees that its recourse against LESSOR under this Lease for a default by LESSOR hereunder is limited to the remedies set forth in this Section, and in no event shall CITY seek or attempt to obtain any recovery or judgment against any other assets (if any) of LESSOR, or against any of LESSOR's direct or indirect members, partners, directors, officers, employees or shareholders.

13. Notices. A11 notices, elections, requests and other communication hereunder shall be in writing and shall be deemed given (a) when personally delivered or delivered by

reputable overnight courier service; or (b) two (2) business days after being deposited in the United States mail, postage prepaid, certified or registered, or (c) when sent by facsimile before 5:00 p.m. Pacific time on a business day (as evidenced by a confirmation slip from sender's fax machine showing the transmission date and time and recipient's fax number) and otherwise on the next business day. Phone and email addresses are provided for convenience only and shall not constitute effective notice. Notices shall be addressed as follows (or to such other person or at such other address, of which any party hereto shall have given written notice as provided herein):

If to LESSOR: Addresses on File
If to CITY:

With a copy to:

City of Placentia
Attention: City Administrator
401 E. Chapman Avenue
Placentia, California 92870
Christian L. Bettenhausen
City Attorney
City of Placentia
37777 N. Harbor Blvd.

Fullerton, CA92835

14. General Provisions. This Lease: (1) shall be binding upon and shall inure to the benefit of LESSOR and CITY and their respective successors and assigns; (2) is assignable by CITY to any entity, provided that: (i) such assignment shall be subject to a written assignment executed by assignor and assignee as in form and substance reasonably acceptable to LESSOR, Including provisions whereby assignee assumes all of assignor's liability and assignor acknowledges that assignor is not released from liability as a result of the assignment; and (ii) the Lease is being assigned concurrently to such assignee; (3) constitutes the entire Lease of CITY and LESSOR with respect to the purchase and sale of the Property, and supersedes any prior or contemporaneous Lease with respect thereto. No amendment or modification of this Lease shall be binding upon the parties unless made in writing and signed by both LESSOR and CITY; (4) shall not be recorded by any party and, if recorded by any party, the other party hereto may immediately terminate all of its obligations under this Lease, and the party who recorded the Lease shall pay all reasonable costs and attorneys' fees in removing this Lease of record; (5) is governed by and construed in accordance with the laws and customs of the State of California; (6). may be executed in any number of counterparts and by the different parties hereto on separate counterparts, each of which, when so executed, shall be deemed an original, but all such counterparts shall constitute but one and the same instrument; (7) may be executed and then delivered by fax or scanned email which shall constitute effective execution and delivery. If any action is instituted between LESSOR and CITY in connection with the enforcement of this Lease or any provision hereof, the party prevailing in such action shall be entitled to recover from the other party all of its reasonable costs in bringing such action, Including reasonable attorney fees.

In witness whereof, the parties hereto have executed- this Lease as of the Effective Date.

LESSOR
De an
Famil Trust
CITY
Dimien R. Arrula
City Administrator
City of Placentia
Approved as to form:

Christian L. Bettenhausen
City Attorney

Exhibit "A" (166 E. La Jolla)
Property Description:

The property located at 166 E. La Jolla Street is bounded by 160 E. La Jolla Street to the North, 172 E. La Jolla Street to the east, The City of Placentia boundary to the south, and 1037, 1040, 1020, and 1000 Segovia Circle to the west. The legal description being P Bk 84 Pg 16 Par 1, and Assessor's Parcel Number (APN): 344-241-

03. EXHIBIT A

FIRST AMENDMENT TO LEASE
This First Amendment to Lease ("Amendment") is made and entered into as of February 21, 2023, by and between Kappe Terracina, LLC, a Delaware limited liability company ("Lessor") and the City of Placentia, a Charter City and municipal corporation ("Lessee").

RECITALS
A. Lessor's predecessor in interest, The Dennis and Deborah Sigalos Family Trust and The Karagines Family Trust (collectively, "Original Landlord"), and Lessee are parties to that certain Lease Agreement dated January 1, 2021 (the "Lease") for the rental of certain premises described as 166 East La Jolla Avenue, Placentia, CA (the "Premises").

B. Lessor as succeeded to all of the rights and interests of Original Landlord under the Lease.

C. Lessor and Lessee desire to amend and modify the Lease, as hereinafter provided in this Amendment.

D. Unless specifically defined in this Amendment, all capitalized terms used herein shall have the same meaning as the terms set forth in the Lease.

NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as set forth below.

1. Extension of Term. The current Lease Term for the Premises, which is currently scheduled to expire on December 31, 2023, is hereby extended until March 31, 2024 (the "Revised Expiration Date"), unless sooner terminated as provided in the Lease or in this Amendment. The 3 -month portion of the Lease Term (as so extended) from January 1, 2024 (the "Extension Term Commencement Date") through the Revised Expiration Date is hereby referred to as the "Extension Term."

2. Monthly Rent. Beginning on the Extension Term Commencement Date, Lessee shall pay to Lessor monthly installments of Rent for the entire Premises during the Extension Term as set forth in the following schedule:

Period
Monthly Base Rent
January 1, 2024 — March 31, 2024
$39,479.00

3. Lessee Termination Option. Lessee shall have the option (the "Termination Option") to terminate this Lease at any time after January 1, 2024, by delivering to Lessor a written notice of such termination (the "Termination Notice") at least four (4) months prior to the requested termination date (the "Termination Date"), which Termination Date must be specifically identified in the Termination Notice.

The delivery of the Termination Notice to Lessor must be accompanied by payment by Lessee to Lessor of a termination fee of $13,042.69 (the "Termination Fee"). If there are any uncured defaults by Lessee as of the date Lessee delivers the Termination Notice or as of the Termination Date, or if Lessee fails to deliver the Termination Fee to Lessor along with the Termination Notice, the Termination Option shall be void, and the Lease shall remain in effect. If the Termination Notice and Termination Fee are delivered as and when required hereunder, the Lease shall be deemed automatically terminated as of the Termination Date with and Lessee shall surrender the Premises to Lessor on the Termination Date in accordance with the terms of the Lease. Any failure by Lessee to do so shall result in Lessor being entitled to pursue its rights and remedies under the Lease and/or at law or equity with Lessee being deemed a "holdover" tenant after the Termination Date.

4. Condition of the Premises. Lessor shall not be obligated to provide or pay for any improvements, work or services related to the improvement, remodeling or refurbishment of the Premises, and Lessee shall continue to accept the Premises in its "AS IS" condition as of the date of execution of this Amendment.

5. Brokers. Each party represents and warrants to the other that no broker, agent or finder negotiated or was instrumental in negotiating or consummating this Amendment. Each party further agrees to defend, indemnify and hold harmless the other party from and against any claim for commission or finder's fee by any entity other than Broker who claims or alleges that they were retained or engaged by or at the request of such party in connection with this Amendment.

6. Reaffirmation. Lessee acknowledges and agrees the Lease is valid and in full force and effect, the Lessor is not in default thereunder, and all conditions and obligations on Lessor's part to be fulfilled under the terms of the Lease have been satisfied or fully performed, including, but not limited to, all required tenant improvements, allowances, alterations, installations and construction, for which payment has been made in all cases. No offset, claim, defense, or counterclaim is available to Lessee against rent payable by Lessee or against any other performance or obligation otherwise due from Lessee under the Lease, and no event has occurred and no condition exists, which with the giving of notice or the passage of time, or both, would constitute a default under the Lease.

7. Successors and Assigns. The Lease, except as herein modified, is continued and ratified in all respects and shall remain in full force and effect between the parties hereto, their successors and assigns.

8. Counterparts. This Amendment may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which together will constitute one and the same instrument.

Electronic signatures and/or signatures transmitted by facsimile or email shall have the same effect as an original signature.

9. No Further Modification. Except as set forth in this Amendment, all of the terms and provisions of the Lease shall remain unmodified and in full force and effect. This Amendment may be amended or modified only by a written instrument executed by the Lessor and Lessee. Effective as of the date hereof, all references to the "Lease" shall refer to the Lease as amended by this Amendment.

10. Consistency with Lease. In the event of any inconsistency between this Amendment and the Lease, the terms of this Amendment shall control.

IN WITNESS WHEREOF, this Amendment has been made and executed as of the date first -above written.

LESSOR:

KAPPE TERRACINA, LLC,
a Delaware limited liability company
By:

Name: Ross Mitchell
Title: Authorized Signatory
LESSEE:

CITY OF PLACENTIA,
a Charter City and municipal corporation
By:

Name:

Title:

Placentia City Council

AGENDA REPORT

REVISED
TO: CITY COUNCIL
FROM: CITY ATTORNEY
DATE: MARCH 21, 2023
SUBJECT: AMENDED AND RESTATED CITY ADMINISTRATOR EMPLOYMENT

AGREEMENT
FISCAL
IMPACT: FY22/23- $30,375 (101511-5001)
SUMMARY:

As required under the terms of the City Administrator's Employment Agreement ("Agreement"), the City Council conducted an annual evaluation of the City Administrator. Pursuant to the Council's direction, proposed changes to the Agreement have been incorporated into the attached amendment. For ease of administration the amendment constitutes a complete restatement of the Agreement, incorporating all prior amendments and the new terms listed below.

RECOMMENDATION:

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

1. Approve the amended and restated City Administrator's Employment Agreement, to be executed by the Mayor, in a form approved by the City Attorney.

DISCUSSION:

Currently the City Administrator receives a base salary of $295,948.30. Following the conclusion of this year's evaluation of the City Administrator, the City Council requested the preparation of the attached amended and restated agreement.

If approved, the amended and restated agreement would incorporate all previous approved amendments and implement the following changes to the Agreement:

1. Provide an annual physical, which may include a body scan/cardiogram. Any examinations associated with the annual physical, not covered by insurance shall be reimbursed up to $1,000.00; and

2. Provide a one-time grant of 250 hours of paid time off (PTO), for a net value of $20,500. The PTO bonus leave shall be distributed immediately upon execution of the Agreement; and
1,h.

March 21, 2023

City Council Agenda
March 21, 2023

3. The administrator may convert up to 96 hours of AHW leave allowance on the last day of the fiscal year and shall be credited to the Administrator's PTO leave balance.

No other adjustments or modifications are proposed or recommended at this time.

Prepared and submitted by:
-.1 'n-S--- A.X.-la
Christian L. Bettenhausen
City Attorney
Attachment:

Amended and Restated City Administrator Employment Agreement

AMENDED

RESTATEMENT

CITY ADMINISTRATOR EMPLOYMENT AGREEMENT
This agreement ("Agreement") shall constitute an amendment and complete restatement of the City Administrator's Employment Agreement, originally executed on March 1, 2016, and incorporating all prior amendments.

This Agreement is made, entered into, and to be effective March 21, 2023 ("Effective Date"), by and between the City of Placentia, a Charter City and municipal corporation ("City"), and Damien R. Arrula, an individual who has education, training and experience in municipal management ("Administrator"). Under this Agreement the City offers, and Administrator accepts, employment as City Administrator of the City.

A. Recitals.
i. In order to insure that its governmental responsibilities are met at all times, the City must attract and retain management personnel who exhibit the highest degree of knowledge, experience, technical ability, professionalism, and leadership qualities.
ii. In order to attract and retain in its employment a City Administrator who possesses those qualities and experience necessary to fulfill the City's immediate and long-term objectives, the City Council, on behalf of the City, has determined that it is advisable to enter into this employment agreement with Administrator.
iii. It is the desire of City to continue the services of Administrator and to provide certain benefits, conditions of employment and set working conditions for Administrator.
iv. City and Administrator desire to enter into this Agreement in order to specify the terms and conditions of Administrator's employment with City.

Now therefore, in consideration of the mutual covenants contained in this Agreement, the parties agree as follows:

City Administrator
Employment Agreement

B. Agreement.

1. Term.

This Agreement shall remain in full force and effect from March 21, 2023 through and including the date of termination of Administrator, unless otherwise provided herein.

2. Duties:

Administrator shall perform those duties and have those responsibilities and powers set forth in the City's Charter, Municipal Code and City Policies, as amended from time to time, including but not limited to those described in Section 810 of the Charter.

Administrator shall perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign.

3. Devotion to City Business:

Administrator's position is full-time. Administrator shall not engage in any business, educational, professional, charitable, or other activities that would conflict or materially interfere with performance of his/her City Administrator duties, except as may be specifically authorized by the City Council.

4. City Council Commitments:

The relationship between the City Council and Administrator shall be governed by all applicable provisions of the City Charter, Municipal Code and City Policies, as amended from time to time, including but not limited to Section 610 of the Charter.

5. Termination of Employment and this Agreement; General Release; Severance:

A. At Will Employment. Administrator is an at will employee, and serves at the discretion of the City Council. The City Council may terminate Administrator's employment with the City immediately at any time, with or without cause, subject to the City's compliance with all other obligations in this Agreement.

City Administrator
Employment Agreement
-2-

B. Termination By City Without Cause.
1) If City Council, in its absolute discretion, terminates this Agreement (thereby terminating Administrator's employment) Without Cause, as determined by the affirmative votes of a majority of the members of the City Council at a Regular Meeting, City shall be obligated to pay Administrator the Monthly Severance Benefit described in this Section 5.B. Following a termination Without Cause the City shall begin to pay Administrator, on a monthly basis, an amount equal to Administrator's then regular monthly Base Salary and benefits at the time of termination (the monthly payments being hereinafter referred to as the "Monthly Severance Benefit"). The Monthly Severance Benefits shall include the ability to continue participation, during the Severance Period (as defined below), in any medical, dental and vision plans Administrator and his dependents are currently enrolled in through the City at the time of termination ("Healthcare Benefit"). As a condition to Administrator's receipt of the Monthly Severance Benefit, Administrator must first sign and deliver to the City Council, and not revoke, a General Release Agreement ("Release Agreement") in a form mutually agreed upon by the City Attorney and Administrator, releasing the City, it's officials and employees from all liability.
2) Notwithstanding anything stated in this section 5.B. to the contrary, Administrator's right to receive the Monthly Severance Benefit payments shall automatically terminate upon the first to occur of the following: (a) the date which is twelve (12) months from the date Administrator's employment is terminated from the City; or (b) the date when Administrator obtains commensurate full time employment with another employer (the period between Administrator's termination and the first to occur of either (a) or (b) above shall be hereinafter referred to as the "Severance Period"). While the Severance Period is in effect Administrator shall be required to actively solicit employment with other agencies.
3) While the Severance Period remains in effect, City will endeavor to retain Administrator as an "active" and "classic" employee (as defined by CaIPERS), until such time as Administrator receives full-time employment with another agency. This obligation shall only apply if the City determines, in its absolute discretion, that it is legally permissible for the City to do so and will not result in any additional expense or exposure City Administrator - 3 -
Employment Agreement

to the City. City shall have no obligation under this paragraph if City is required to assign actual duties or responsibilities to Administrator during the Severance Period.

C. Termination by City For Cause.
1) If City terminates this Agreement (thereby terminating Administrator's employment) for Cause, as determined by the affirmative votes of a majority of the members of the City Council, Administrator shall not be entitled to any additional compensation or payment, specifically including the Monthly Severance Benefit. Administrator shall be entitled only to accrued Base Salary and vacation pay, and to any other accrued and unused benefit allowances according to their terms ("Accrued Salary and Benefits"). 2) In the event of a termination for Cause, Administrator shall have a limited right to an appeal before the entire current membership of the Council.

Nothing herein shall be deemed to confer upon Administrator the right to have a hearing challenging the Council's decision to terminate Administrator. The sole purpose of the hearing shall be to discuss the Council's proposal not to pay Administrator the Monthly Severance Benefit. To initiate an appeal, Administrator must file a written request with the City Clerk within 72 hours of the Council's decision to terminate. The Council shall endeavor to hear the appeal within 10 days from the date the request is filed. The appeal shall be heard in closed or open session, at the election of Administrator, and shall be limited to a presentation as to why Administrator believes Cause does not exist. There shall be no entitlement to a trial -like evidentiary hearing. The City Council shall then make a final determination. The appeal hearing and any determination resulting therefrom shall not constitute a waiver of rights or due process related to Administrator's termination.
3) As used in this Agreement, Cause shall only mean any of the following:
a. Conviction of, or plea of guilty or nolo contendre to, any crime or offense (other than traffic violations or similar City Administrator
Employment Agreement
4 offenses) which is likely to have a material adverse impact on the City or on the Administrator's reputation;
b. Proven failure of the Administrator to observe or perform any of his duties and obligations, if that failure continues for a period of thirty (30) business days from the date of his receipt of notice from the City Council specifying the acts or omissions deemed to amount to that failure. The thirty
business days does not include any period of leave that is acknowledged and required by state and/or federal law;
c. Conviction of any crime involving an "abuse of office or position," as that term is defined in Government Code
Section 53243.;
d. Any grossly negligent action or inaction by Administrator that materially and adversely: (a) impedes or disrupts the operations of City or its organizational units; (b) is
detrimental to employees or public safety; or (c) violates City's properly -established rules or procedures.
e. Moral Turpitude which is defined herein as (1) intentionally dishonest conduct, which is likely to have a material
negative impact on the City or its reputation; or (2) conduct which constitutes a blatant violation of moral conduct
standards. Acts of moral turpitude means a general
readiness to do evil, an act of baseness, vileness, or
depravity in the private and social duties which a man owes to his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between
man and man.

D. In no event may Administrator be terminated within ninety (90) days after any municipal election for the selection or recall of one or more of the members of the City Council.

City Administrator
Employment Agreement
5 E. If, during the Term or any extended Term, Administrator dies, Administrator's estate shall receive Accrued Salary and Benefits and section 11A of this Agreement shall apply. Administrator's estate shall not be entitled to any additional compensation or payment, including but not limited to any Monthly Severance Benefit.

F. In the event Administrator is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, or mental incapacity for a period of three (3) consecutive months beyond any provided sick leave, the City may terminate Administrator's employment and this Agreement.

G. Administrator may resign from his employment at any time upon giving thirty (30) days written notice to the City Council. In the event of Administrator's resignation from employment, Administrator shall be entitled to any Accrued Salary and Benefits, but Administrator shall not be entitled to any additional compensation or payments including but not limited to the Monthly Severance Benefit.

H. Notwithstanding anything stated herein to the contrary:
1) In the event Administrator is terminated because of conviction of any felony or other offense involving a violation of his official duties, misappropriation of public funds, or corruption in office, City shall have no obligation to pay the Severance pay and benefits designated above, including but not limited to the Monthly Severance Benefit.
2) Pursuant to California Government Code 53243.2, regardless of the terms of this contract, if the contract is terminated, any cash settlement related to the termination that Administrator may receive from the City shall be fully reimbursed to the City if Administrator is convicted of a crime involving an abuse of his or her office or position.
3) As stated in California Government Code 53244(a), a local public officer who is convicted by a state or federal trial court of any felony under state or federal law for conduct arising out of, or in the performance of, his or her official duties shall forfeit any contract right or other common law, constitutional, or statutory claim against a local public agency employer to retirement or pension rights or benefits, however those benefits may be characterized, including lost compensation, other than the accrued rights and benefits to which he may be entitled under any public retirement system in which he City Administrator
Employment Agreement
6 is a member. The forfeiture provided by this section shall be in addition to, and independent of, any forfeiture of public retirement system rights and benefits pursuant to Section 7522.70, 7522.72, or 7522.74.

6. Compensation and Annual Evaluation:

A. Administrator's annual Base Salary shall be Two Hundred Ninety -Five Thousand Nine -Hundred and Forty -Eight Dollars and Thirty Cents ($295,948). Said amount shall be payable in bi-weekly installments at the same time and in the same manner as other employees of the City are paid. Any increases shall be subject to City Council approval, unless otherwise provided herein.

B. The City Council, working in conjunction with Administrator, may set objectives each year for Administrator under this Agreement. The City Council may evaluate Administrator's performance at least once a year during the month of February ("Annual Evaluation"). Following the completion of the Annual Evaluation the City Council may, in its absolute discretion, provide a merit increase equal to three percent (3%) of Administrator's base salary ("Merit Increase"). In the event an Annual Evaluation is not conducted within sixty (60) days of February 1st, Administrator's performance will be deemed as meeting or exceeding expectations and a Merit Increase will be applied. In addition, the City Council may, in its absolute discretion, approve a one-time bonus for meeting certain goals set by City Council.

C. Administrator shall only be entitled to receive cost -of -living adjustments or other similar across-the-board increases and/or benefit when the same increase and/or benefit has been approved for the other unrepresented management employees. Any cost -of -living adjustments or other across-the-board increases granted to City bargaining units shall not apply to Administrator.

D. Any Base Salary increases approved by the City Council from time to time pursuant to this Agreement shall not require an amendment to the Agreement to be effective. Such may be set forth in an annual position allocation plan, resolution or minute action approved by the City Council and ratified by resolution.

E. If the City intentionally reduces the Base Salary or any other material financial benefit of the Administrator, such action shall constitute a termination of this City Administrator
Employment Agreement
-7-

Agreement Without Cause under Section 5.A. of this Agreement, and Administrator shall be entitled to the Monthly Severance Benefit.

8. Deferred Compensation:

As part of Administrator's annual compensation, City agrees to provide a Section 457 deferred compensation program which will be administered by Mission Square (formally ICMA-RC), and to pay half the normal annual deferral limit into such program as permitted under the Internal Revenue Code. In January of each year, the City shall contribute a maximum total of $9,000.00 toward the Administrator's Employee Contribution into that Deferred Compensation Program (the "Employee Contribution"). In addition to the Employee Contribution, City shall also pay half the normal annual deferral limit into such program as permitted under the Internal Revenue Code ("Deferred Compensation Match").

9. Pension:

City agrees to enroll Administrator in the California Public Employees Retirement System ("CaIPERS") as a "Classic" employee as defined by the California Public Employees' Pension Reform Act ("PEPRA") at the 2% @ 55 formula ("PERS Plan") and shall make all appropriate Employer contributions on Administrator's behalf.

Administrator understands and agrees that Administrator shall be solely responsible for the required Employee contributions to CaIPERS, which amounts shall be deducted each pay period from Employee's gross salary. Both the City and Employee contributions shall be made in accordance with the provisions of CaIPERS. Should the City be unable to completely fulfill the PERS Plan, City shall provide a supplementary defined benefit plan equivalent to the PERS Plan ("Supplemental Plan"), subject to the approval of the parties.

Said PERS Plan and/or Supplemental Plan shall have an effective date of April 7, 2014.

Employer contributions to the Supplemental Plan shall be adjusted annually through actuarial analysis to ensure the plan equivalency.

City Administrator
Employment Agreement
-8

10. Health and Medical Benefits Insurance:

City shall provide Administrator with the same health plans (medical, dental, and vision) which are provided to other unrepresented management employees, and shall pay that portion of the employee and dependent rate or premium as the City Council agrees to provide to all unrepresented management employees.

In addition, Administrator shall, at his election, be able to have an annual physical, which may include a body scan/cardiogram. Any examinations associated with the annual physical, not covered by insurance shall be reimbursed up to $1,000.00.

11. Life Insurance and Disability:

A. The City agrees to pay for a term life insurance policy, equal to 12 months of Administrator's Base Salary, on Administrator's life with a carrier selected by the City.

Administrator shall designate the beneficiaries of the policy. Administrator shall also be entitled to participate in any voluntary group life insurance programs approved by the City Council for all unrepresented management employees.

B. City agrees to put into force and to make required premium payments for short-term and long-term disability coverage for Administrator on the same terms available to all other unrepresented management employees.

12. Allowances:

A. Administrator's duties may require him to be available and to respond to the demands of City business at all times and outside of regular business hours. City shall pay Administrator Eight Hundred Dollars ($800.00) monthly in compensation for the use and maintenance of his personal vehicle on City business ("Auto Allowance").

Administrator may elect, in his/her sole discretion, to receive a City vehicle for business and personal use in lieu of an Auto Allowance. The Auto Allowance shall not be reported as income for purposes of contribution or payment by City or Administrator to City's retirement plan. It is understood, however, that Administrator is solely responsible for the tax consequences of any allowances provided under this Agreement, whether under state or federal law.

City Administrator
Employment Agreement
9-

B. Administrator's Auto Allowance increases approved by the City Council from time to time pursuant to this Agreement shall not require an amendment to this Agreement to be effective. Such may be set forth in an annual or mid -year budget resolution or minute action approved by the City Council and ratified by resolution.

13. Equipment:

City shall pay Administrator One Hundred and Fifty Dollars ($150.00) monthly as a telecommunications allowance. The telecommunications allowance shall not be reported as income for purposes of contribution or payment by City or Administrator to City's retirement plan.

14. Business and Professional Expenses:

A. City recognizes that Administrator may incur expenses of a non -personal, job -related nature that are reasonably necessary to Administrator's service to City. City agrees to either pay such expenses in advance or to reimburse the expenses, so long as the expenses are incurred and submitted according to City's normal expense reimbursement procedures, or such other procedure as may be designated by the City Council. To be eligible for reimbursement, all expenses must be supported by documentation meeting City's normal requirements and must be submitted within time limits established by City.

B. City agrees to pay the professional dues and subscriptions on behalf of Administrator which are necessary for Administrator's continuation or full participation in international, national, regional, state, or local associations and organizations necessary and desirable for Administrator's continued professional participation, growth and advancement, or for the good of the City.

C. City agrees to pay Administrator's travel and subsistence expenses for official travel, meetings, and occasions reasonably necessary to continue Administrator's professional development, and for Administrator's reasonable participation in necessary official and other functions for the City; including, but not limited to, national, regional, state, and local conferences, and governmental groups and committees on which City Administrator - 10 -
Employment Agreement

Administrator serves as a member. Notwithstanding the above, the number of conferences or meetings City will pay for each year, and attendance at out-of-state conferences and meetings, shall be at the discretion of the City Council as set forth in the City's budget.

15. Leave:

A. Administrator shall accrue paid time off (PTO) leave at the rate of 6.46 hours per pay period, in addition to recognized City holidays and floating holidays provided to other City employees. In addition, Administrator shall receive a one-time bonus of 250 hours of PTO leave time, which is equivalent to a net bonus of $20,500. The PTO bonus leave shall be distributed immediately upon execution of the Agreement. At any time Administrator shall be entitled to cash out accrued but unused PTO time, provided that at least eighty (80) hours of total leave bank, inclusive of other leave bank time, has been accrued but remains unused and available. The amount paid to Administrator shall be based on Administrator's annual Base Salary at the time the PTO leave is paid. Upon termination or resignation from employment or the non -renewal of this Agreement, Administrator shall be paid for all accrued and unused PTO leave time.

B. Administrator shall retain accrued but unused/frozen paid sick leave on the date of the commencement of employment. At any time Administrator shall be entitled to cash out balance accrued but unused/frozen sick leave. The amount paid Administrator shall be based on Administrator's annual Base Salary at the time the sick leave is paid.

Upon termination or resignation from employment or the non -renewal of this Agreement, Administrator shall be paid for all accrued and unused/frozen sick leave time.

C. Each year Administrator shall be credited with sixty (60) hours of management administrative leave for use during the calendar year. Management administrative leave hours may be used for leave purposes only and will have no cash value. In addition, management administrative leave hours must be utilized in the calendar year credited, and any remaining balance may not be carried over to the next calendar year. Administrator shall retain the same benefits and/or changes of administrative leave as afforded to other unrepresented management employees.

City Administrator
Employment Agreement

D. Administrator shall accrue alternative health and wellness leave at the same rate as other City employees. Administrator shall retain the same benefits and/or changes of alternative health and wellness leave as afforded to other City employees. The Administrator may convert up to 96 hours of AHW leave allowance on the last day of the fiscal year, and shall be credited to the Administrator's PTO leave balance.

16. Abuse of Office or Position:

If Administrator is convicted of a crime involving an abuse of his office or position, all of the following shall apply: (a) if Administrator is provided with administrative leave pay pending an investigation, Administrator shall be required to fully reimburse City such amounts paid; (b) if City pays for the criminal legal defense of Administrator (which would be in its sole discretion, as it is generally not obligated to pay for a criminal defense), Administrator shall be required to fully reimburse City such amounts paid; and (c) if this Agreement is terminated, any Severance Pay and Severance Benefits related to the termination that Administrator may receive from City, including but not limited to the Monthly Severance Benefit, shall be fully reimbursed to City or shall be void if not yet paid to Administrator. For purposes of this Section, abuse of office or position means conviction of a crime by a court of law for either: (x) an abuse of public authority, including waste, fraud, or violation of the law under color of authority; or (y) a crime against public justice.

17. Enforcement of this Agreement:

The prevailing party in any action brought to enforce this Agreement or to resolve any dispute or controversy arising under its terms and conditions, shall be entitled to payment of his/her/its reasonable attorneys' fees and costs. The venue for any action in enforcement of this Agreement shall be before the Superior Court for the County of Orange.

18. Communications Upon Administrator's Separation Without Cause:

Only in the event of a termination Without Cause, City and Administrator agree that neither party will make disparaging comments about the other, or about any of the City Administrator
Employment Agreement
- 12 -

City's public officials or employees, for a period of twelve (12) months from the date of Administrator's termination. As used herein, "disparaging" shall mean "to lower in esteem; discredit; to speak slightingly of; show disrespect for; belittle." (Webster's New World Collegiate Dictionary, Fourth Ed., IDG Books Worldwide, Inc., pg 414). Nothing herein prevents either party, or its officers or employees, from truthfully answering questions made under oath in a legal proceeding. Any press release concerning Administrator's termination Without Cause shall be mutually agreed upon between the parties. Either party may verbally repeat the substance of the joint press release or statement.

19. Indemnification:

Consistent with the California Government Code, City shall defend, hold harmless, and indemnify Administrator, using legal counsel mutually acceptable to the Parties, against expense or legal liability for acts or omissions by Administrator occurring within the course and scope of Administrator's employment under this Agreement. Legal representation, provided by City for City Administrator, shall extend until a final determination of the issues including any and all losses, damages, judgments, interest, settlements, fines, court costs, and the reasonable costs and expenses of legal proceedings, including appeals, and including attorneys' fees, and expert witness fees and all other trial and appellate costs, imposed upon, or suffered by Administrator, which are directly related to the claim, action, suit, or proceeding. In the event there is a conflict of interest between City and Administrator such that independent counsel is required for Administrator, Administrator may engage his/her own legal counsel, in which event City shall indemnify Administrator, including direct payment of all such reasonable costs related thereto.

20. Notices:

Any notices to be given hereunder by either party to the other in writing may be effected either by personal delivery, mail, or email. Mailed notices shall be addressed to the parties as set forth below, but each party may change his/her/its address by written notice given in accordance with this Section. Notices delivered personally or by email will City Administrator
Employment Agreement
- 13 -

be deemed communicated as of actual receipt. Mailed notices will be deemed communicated and received as of three (3) calendar days following the date of mailing.

CITY:

City of Placentia
Attention: Mayor
401 E. Chapman Avenue
Placentia, CA 92870
ADMINISTRATOR: Damien R. Arrula
401 E. Chapman Avenue
Placentia, CA 92870

21. Conflict With City Charter or Municipal Code:

The terms of this Agreement shall govern the relationship between the City and Administrator. Notwithstanding the foregoing, provisions of the City's Charter, Municipal Code and Policies which specifically define the roles, duties, responsibilities and limitations of the office of City Administrator, shall have preeminence in defining the relationship between the parties.

22. Entire Agreement:

This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the employment of Administrator by City, and contains all of the covenants and agreements between the parties with respect to that employment. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by either party, or by anyone acting on behalf of either party, which are not embodied herein, and that no other employment agreement, statement, or promise not contained in this Agreement shall be valid or binding upon either party.

City Administrator - 14 -
Employment Agreement

23. Modifications:

Any modifications to this Agreement shall be effective only if in writing and signed by both of the parties hereto, unless specifically provided herein to the contrary.

24. Effect of Waiver:

The failure of either party to insist upon strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

25. Partial Invalidity:

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

26. Governing Law:

This Agreement shall be governed by and construed in accordance with the laws of the State of California.

This Agreement is entered into this

CITY OF PLACENTIA
By:
day of , 2023.

Ward L. Smith, Mayor Damien R. Arrula
Attest:

Robert S. McKinnell, City Clerk
City Administrator
Employment Agreement
- 15 -

Approved as to Form:

Christian Bettenhausen, City Attorney
City Administrator
Employment Agreement
- 16 -

Placentia Cit Council

AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DEPUTY CITY ADMINISTRATOR / SUPPORT AND EMERGENCY SERVICES DATE: MARCH 21, 2023
SUBJECT: LEASE AGREEMENT FOR NEW COPIERS AND MANAGED PRINT SERVICES FISCAL
IMPACT: EXPENSE: $14,394 (APRIL - JUNE 2023)
BUDGETED : $14,500 (109595-6175)
SUMMARY:

The City of Placentia (City) solicited proposals to replace multi -function copiers whose lease contracts have expired and to replace, monitor, maintain and provide supplies for thirty-five (35) office printers within the City and add five (5) more. Three quotes have been obtained from different vendors and Centruy Business Services (CBS) submitted the lowest responsive bid.

Currently there are two different copier lease agreements and a separate printer maintenance agreement, all of which expired in 2021 and are currently operating on a month -to -month basis.

The new contract agreement through CBS would replace and upgrade all current copier and printer equipment to the latest models, along with providing standardization of equipment models for better upkeeping and lower maintenance rates.

RECOMMENDATION:

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

1. Approve the Agreement with Century Business Services (CBS) for Managed Print Services and the replacement of eight (8) copier machines and forty (40) office printers throughout various City locations for a total amount of $57,600 annually, for five years; and

2. Authorize the City Administrator or their designee to execute all necessary documents, in a form approved by the City Attorney.

STRATEGIC PLAN STATEMENT:

There is no specific strategic planning goal or objective associated with this agenda item.

1.1 March 21, 2023

City Council Agenda
March 21, 2023

DISCUSSION:

The City's current copiers are outdated and under different contract agreements which have expired and are on a month -to -month basis. Following a review of the City's needs and in an effort to consolidate lease agreements, equipment has been identified for replacement, which will provide the same functionality at lower costs, while also streamlining the paperwork associated with multiple lease agreements to ensure efficient processing.

The copier in Police Administration is an older Canon model copier that has reached it's end of life cycle and is currently inoperable. The maintenance agreement has expired and is long overdue for a replacement. The replacement copier would be a current model of Kyocera copiers bringing it in line with our current fleet of copiers throughout City Hall.

There are two additional Canon copiers within the City, that are on a separate month -to -month lease agreement that are also due for an upgrade. One is located in Police Records and the other is within Public Works. Other copier models include various outdated Kyocera and Konica Minolta copiers located at the City Yard, Tow Yard, Whitten Center, and throughout City Hall.

Also, there are thirty-five (35) different types of printers (HP, Lexmark, Konica Minolta) currently on the City network with a request to add five (5) additional printers for the new Fire Department Headquarters and Human Resources. Under the new contract agreement, all printers will be replaced and standardized to one single Kyocera printer brand.

The City contacted vendors to obtain proposals for a total of 40 copiers and desktop printers. The following table provides the proposal amounts received from three companies.

Company
Proposal Amount
Century Business Services
$4,798.50/month
CBE Office Technologies
$5,310.39/month
Copy Link, Inc.
$5,298.74/month
Based on the proposals received, Staff recommends the City Council award a contract to Century Business Services for the amount of $4,798.50 per month for a term of 63 months.

With the consolidation of equipment and agreements, Staff will be able to monitor printing volumes and costs, auto toner and supply replenishment, generate online reports, control inventory, develop an asset replacement strategy, streamline service and maintenance requests and ensure one monthly bill to process, opposed to having three individual bills.

Maintenace and supply agreements are included in the submitted proposals. The maintenance agreement is based upon the monthly usage of the existing copiers taking into account of the new requested equipment. The City has the option of seeking another lease upgrade after sixty-three (63) months.

City Council Agenda
March 21, 2023

FISCAL IMPACT:

Funding for replacement and managed print services was anticipated and included in the current fiscal year's operating budget. The cost of our current copier monthly lease, and managed print services with service agreements averages around $4,567 a month. With the new agreement, the cost to the City would increase to $4,798.50 a month (not including any overage charges the City may take on in the future). The increase in costs factors in the additions of 5 new printers being added, the cost of inflation, and all copier inventory getting replaced with new equipment. In order to get the lowest monthly program payment, the contract agreement would be for 63 months and over the course of the 63 month contract agreement it would cost the City an additional $2,796 annually for a total of $13,980. The increased amount will be accounted for in the budget for the upcoming fiscal year along with future fiscal years.

Prepared by:

Daniel Chang
IT Manager
Reviewed and approved:
n if
Je er Lampman
Reviewed and approved:

Rosanna Rami ez
Deputy City Admini
Reviewed and approved:

Damien R. Arrula
Director of Finance City Administrator
Attachments:

1. Lease Agreement Contract

2. Quote 1 — Century Business Solutions

3. Quote 2 — CBE Office Technologies

4. Quote 3 — Copy Link

WELLS
FARGO
Agreement No.

TOTAL IMAGE MANAGEMENT sM
TB
R12

EQUIPMENT DESCRIPTION
Equipment MFG Model & Description Serial Number Accessories See Schec ule A
See attached schedule for addi i Tonal Equipment / Accessories Billing Address: 401 East Chapman Ave., Placentia. CA 92870 E7quirmoni Location:

SU''LIE'
• • 0
Carillon Office Technologies & Services, Inc.

DBA Century Business Services
1675 Scenic Ave, Suite #250
Costa Mesa, CA 92626
Term: 63 months Minimum Monthly Payment: $ 4,798.50 (plus applicable taxes) Excess Per Image Billing Preference (monthly if not checked) Monthly 4 Quarterly ❑ Semi -Annually Ill Annually
Supplier Fuel/Freight Fee: $ 0.00
per month (Not to exceed $75.00 per month)
due on the date this Agreement is signed by you:

The following additional payments are
Advance Payment $ 0.00 (plus applicable
taxes) Applied to: . First • Last
Document Fee: $75.00 (included on first
invoice)
Image Type Minimum Number of Images Excess Per Image Charge B&W
19,829
$.007, $.014
Color
21,016
$.045. $.0$
YOU HAVE SELECTED THE EQUIPMENT. THE SUPPLIER AND ITS REPRESENTATIVES ARE NOT OUR AGENTS AND ARE NOT AUTHORIZED TO MODIFY THE TERMS OF THIS AGREEMENT. YOU ARE AWARE OF THE NAME OF THE MANUFACTURER OF EACH ITEM OF EQUIPMENT AND YOU WILL CONTACT EACH MANUFACTURER FOR A DESCRIPTION OF YOUR WARRANTY RIGHTS. WE MAKE NO WARRANTIES TO YOU.

EXPRESS OR IMPLIED. AS TO THE MERCHANTAalLITY, FITNESS FOR A PARTICULAR PURPOSE SUITABILITY OR OTHERWISE WE PROVIDE THE EQUIPMENT TO YOU AS -IS. YOU AGREE TO USE THE EQUIPMENT ONLY IN THE LAWFUL CONDUCT OF YOUR BUSINESS. AND NOT FOR PERSONAL HOUSEHOLD OR FAMILY PURPOSES. WE SHALL NOT BE LIABLE FOR CONSEQUENTIAL OR SPECIAL DAMAGES.

WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE LEGAL, TAX OR ACCOUNTING TREATMENT OF THIS AGREEMENT AND YOU ACKNOWLEDGE THAT WE ARE AN INDEPENDENT CONTRACTOR AND NOT A FIDUCIARY OF CUSTOMER )'Cu WILL OBTAIN YOUR OWN LEGAL, TAX AND ACCOUNTING ADVICE RELATED TO THIS AGREEMENT AND WILL MAKE YOUR OWN DETERMINATION OF THE PROPER AGREEMENT TERM FOR ACCOUNTING PURPOSES. YOUR PAYMENT OBLIGATIONS ARE ABSOLUTE AND UNCONDITIONAL AND ARE NOT SUBJECT TO CANCELLATION.

REDUCTION OR SETOFF FOR ANY REASON WHATSOEVER BOTH PARTIES AGREE TO WAIVE ALL RIGHTS TO A JURY TRIAL THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF IOWA YOU CONSENT TO THE JURISDICTION AND VENUE OF FEDERAL AND STATE COURTS IN IOWA. TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVmES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTMITIONS TO OBTAIN, VERIFY AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT. WHAT THIS MEANS TO YOU: WHEN YOU OPEN AN ACCOUNT. WE WILL ASK FOR YOUR NAME, ADDRESS AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU. WE MAY ALSO ASK TO SEE IDENTIFYING DOCUMENTS BY SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE RECEIPT OF PAGES 1 AND 2 OF THIS AGREEMENT AND AGREE TO THE TERMS OF PAGES 1 AND 2. ORAL AGREEMENTS OR COMMITMENTS TO LOAN MONEY. EXTEND

CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT ARE NOT ENFORCEABLE TO PROTECT YOU AND US FROM MISUNDERSTANDING OR DISAPPOINTMENT, ANY AGREEMENTS WE REACH COVERING SUCH MATTERS ARE CONTAINED IN THIS WRITING. WHICH IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US. EXCEPT AS WE MAY LATER AGREE IN WRITING TO MODIFY IT.

TERMS AND CONDITIONS

1. GgMM.E[1GE 1ENT..QI=1OREEMEJVT Commencement of this Agreement and acceptance of the Equipment shall occur upon delivery of the Equipment to you ("Commencement Date"). To the extent that the Equipment includes intangible property or associated services such as periodic software licenses and prepaid database subscription rights, such intangille property shall be referred to as "Software". You understand and agree that we have no right title or interest in the Software and you wit comply throughout the Tenn of this Agreement with any license and/or other agreement ("Software License") entered into with the suppler of the Software ("Software Supplier).

You are responsible for entering into any Software License with the Software Supplier no later than the Commencement Date of this Agreement You agree to inspect the Equipment upon delivery and verify by telephone or in writing such information as we may require. The Equipment is accepted by you under this Agreement unless you notify us within three (3) days of delivery that you do not accept the Equipment and specify the defect or malfunction. In that event we wil replace the defective item of Equipment or cancel this Agreement and you will assume all our rights under any purchase order or agreement entered into by us to buy the Equipment If you signed a purchase order or similar agreement for the purchase of the Equipment by signing this Agreement you assign to us all of your rights. but none of your obligations under iL All attachments. accessories, replacements, replacement parts, substitutions. additions and repairs to the Equipment shall form part of the Equipment under this Agreement. 2 IMAGE CHARGES. Each month during the Term of this Agreement you agree to remit to us the Minimum Monthly Payment ("Minimum Payment") and all other sums when due and payable at the address we provide to you from time to time. In return for the Minimum Payment you are entitled to produce the Minimum Number of Images for each applicable Image Type each month. You agree that you will remit payments to us in the form of company checks (or personal checks in the case of sole proprietorships), direct debit or wires only. You also agree cash and cash equivalents are not acceptable forams of payment for this Agreement and that you will not remit such forms of payment to us. Payment in any other form may delay processing or be retumed to you. Furthermore, only you or your authorized agent as approved by us will remit payments to us. Minimum Payments will include any freight delivery. installation and other expenses we finance on your behalf at your request You also agree to pay us the applicable Excess Per Image Charge (plus applicable taxes) for each metered image that exceeds the applicable Minimum Number of Images for each Image Type. You acknowledge that the Equipment includes a separate meter for each Image Type and that you understand the differences between the Image Types. We may estimate the number of images produced if you do not provide us with meter readings within seven (7) days of request We will adjust the estimated charge for excess images upon receipt of actual meter readings. Notwithstanding any adjustments, you will never pay us less than the Minimum Payment You agree that after the first twelve (12) months of the Term (or any extension or renewal) of this Agreement and at the end of each following twelve (12) month period thereafter. the Minimum Payments and Excess Per Image Charges may be increased by an amount equal to the lesser of: (a) up to 15% of the Minimum Payments and Excess Per Image Charges in effect at the end of the prior twelve (12) month period; or (b) the maximum percentage permitted by applicable law. At our option, you will: (a) provide us by telephone or facsimile the actual meter readings when requested by us; (b) provide us (or our agent) access to the Equipment to obtain meter readings; or (c) allow us (or our agent) to attach an automatic meter reading device to the Equipment We may audit any automatic meter reading device periodically. Minimum Payments are due whether or not you receive an invoice. If you have a dispute with the Supplier regarding the Equipment or any service, repair or maintenance of the Equipment (including without limitation. any Equipment designated "Service Only). you shall continue to pay us all Minimum Payments and Excess Per Image Charges without deduction or withholding of any amounts. You authorize us to adjust the Minimum Payments by not more than 15% to reflect any reconfiguration of the Equipment or adjustments to reflect applicable sales taxes or the cost of the Equipment by the manufacturer and/or Supplier. You agree to pay us an interim rent payment from and including the Commencement Date through, Continued on Page 2
OWNER (`We", "Us")
CUSTOMER ("You")
Wells Fargo Vendor Financial Services, LLC
oy: x
The City of Placentia
(Customer Full Legal Name)
By: X
Name:

Name:
flit
Title_ Date:

Date _
Federal Tax ID:
95-60000763

Carillon 1872 R12 09/18

SCHEDULE "A"
Agreement No.

Customer/Lessee ("You")

EQUIPMENT MODEL &

ATTACHMENTS
(3) Kyocera 4054ci / copy, print, scan
13) Document feeder
(3) Stapler finisher
(3) Paper cassettes
(5) Kyocera 5054ci / copy, print, scan
(5) Document feeder
(4) Stapler finisher & hole punch
(1) Booklet finisher & hole punch
(5) Paper cassettes
(6; Kyocera PA5000X
.(8) Kyocera M6635cidn MFP
(2) Fax option for Kyocera M6635cidn
(26) Kyocera P6230cdn
SERIAL # LOCATION ADDRESS
Customer/Lessee ("You"):

Print Name:

Print Title:

Date:
(Signature of Authorized Signer)
( Date of Signature)

Century

TURNING WORK FLOW INTO CASH FLOW'
Dual Meter Maintenance Agreement

BILL TO

SHIP TO
Company Name: The City of Placentia
Company Name: SAME
Street 401 east Chapman Ave.

Street:

City: Placentia State: CA Zip: 92870
City: State: Zip:

Contact:

Contact:

Phone: (714)993-8135 Fax:

Phone: Fax:

Maintenance Contact Phone Number
Attached Addendum P.O. Number
No

COVERAGE TYPE
All Inclusive Maintenance "Includes all parts & labor, and consumable supplees, excludes paper and staples.

COVERED EQUIPMENT PERIOD OF COVERAGE FROM:

TO:

Manufacturer Model
Quantity
Black Monthly
Volume Inc.

BIN Base
CPC
B.7.V CPC
Overage
Color 0-2°.

Monthly Volume i
CPC
Color O-2'-
Overage
Color Over 2°lo
Monthly Volume
/ CPC
Color Over 2%
Overage
Kyocera
4054ci
3 10,770
Included

0.00700
13,157 / $.045
$0.04500
4,182 / $.07
$0.07000
Kyocera
5054ci
5 Included
In

0.00700
!ncluded / $.045
$0.04500
Included / $_07
$0.07000
Contract
Billing Cycle:

Quarterly
Special instructions:

T
Century Business Services, ine
Customer Acceptance
CBS Representative:

Accepted By (Print)
CBS Authorized Signature:

Authorized Signature:

CBS Acceptance Date:

Acceptance Date:
4 A Mason Irvine, CA 92618

Century
Bus._ 3s+
TURNING WORK FLOW INTO CASH FLOW"
Maintenance Agreement

BILL TO
Company Name: The City of Placentia

SHIP TO
Company Name: SAME
Street 401 East Chapman Ave.
street
city: Placentia State: CA Zip: 92870
City: State: Zip:

Contact
Contact
''hone: (714)993-8135
Maintenance Contact
Fax
Phone Number
Phone: Fax:

Attached Addendum P.O. Number
No

COVERAGE TYPE
All Inclusive Maintenance *Includes all parts & labor, and consumable supplies, excludes paper and staples.

COVERED EQU'°MENT PERIOD OF COVERAGE
FROM: TO:

Manufacturer
Model
Quantity
Start Meter-
BlackiColor
Black Monthly Color Monthly
Volume Inc. Volume Inc.

Base CPC
Black`Color
CFP
Black
Overage
CPP
Color
Overage
Kyocera
PA5000X
6 9,059
N/A
Included
$0.014
N/A
Kyocera
M6635cidn
8 Included
3,677
In
$0.014
$0.08
Kyocera
P6230cdn
26 Included
Included
Contract
$0.014
$0.08
,Billing
Cycle:

Quarterly
Special Instructions:

Century Business Services, Inc
Customer Acceptance
CBS Representative-
Accepted By (Print).

CBS Authorized Signature:

Authorized Signature:

CBS Acceptance Date:

Acceptance Date:
4 A Mason Irvine, CA 92618

CENTURY BUSINESS SERVICES, INC (CBS)

EQUIPMENT SERVICE MAINTENANCE AGREEMENT TERMS (AGREEMENT) Initial
Term: This Agreement shall be in effect for one (1) year or the term of the Print Management Program, whichever is applicable. If the Equipment is under a one (1) year Service Maintenance Agreement, it will automatically renew each year unless terminated in the manner set forth herein. Either party may terminate the Agreement by giving the other at least sixty (60) days written notice. Notice of termination by customer must be accompanied by payments due under the existing agreement. If a customer cancels an agreement during the initial year or during any subsequent renewal year (mid-term), the customer is responsible to pay CBS in full the remaining balance of that year's agreement at time of cancellation. The remaining balance will be determined by the per copy/print charge and the remaining unpaid months stated on the agreement. This is important because CBS provides preventative service (parts and labor) based on the annual minimum contracted volume.

Maintenance Services: All calls under this Agreement will be made on the customer's premises at the address shown on the customer's order and during regular business hours, 8:00 am to 5:00 pm, Monday through Friday (holidays excepted) and on equipment described on the reverse side. Service requested by the customer at the other than regular business hours will be billed at one and one half times our normal per call service charge. Service requested on Sundays or Holidays will be billed at twice our normal per call service rate.

Meter Readings: Customer agrees to allow CBS to install meter -reading software to obtain meter readings. If customer does not wish to install said software, the customer agrees to provide CBS true and accurate meter readings within one (1) week of CBS' request. If the customer is unable to provide the meters after CBS' request, CBS will dispatch a technician to collect the meters and CBS will bill you $95 per hour. For the purpose of this agreement, 11 X 17 size copies shall be considered two (2) standard size rnnips_
Exclusions: Services n,:•i induded in this Agreement, will be charged in accordance with CBS's T&M rates then in effect. The following services are outside the scope of this Agreement, but are not limited to, the provision of following: (1) repairs performed by persons other than company representatives and as a result further repairs are needed, (2) the performance of normal operator functions, (3) repair damage from any cause other than ordinary use (4) increase in service time resulting from operator neglect or unique applications, (5) performance of services necessitated by accident, temperature, inadequate ventilation, power outage, (6) performance services necessitated by the introduction of a computer virus or other bug into the Equipment (7) problems relating to or caused by software which was not licensed by CBS.

Changes: CBS, shall have the right to change prices and terms and conditions for the services performed hereunder -effective one year after the commencement date, and at the end of every twelve (12) month period thereafter.

Toner Usage: At the end of this agreement CBS will assess all the toner that was provided to you. If the customer has used more than 125% of estimated usage base on manufacturer yield, the customer will be responsible for paying CBS for the excess usage at the current market price.

Relocation of Equipment: Customer will be liable for all costs associated with any Equipment relocation requested by the Customer. These costs will indude all applicable installation and removal charges, special rigging charges and any parts and Technical Representative labor connected that is accepted by CBS. CBS shall have the right to inspect the Equipment and charge separately for the cost of placing it in proper operating condition. CBS shall submit an estimate of the cost of such repairs for the Customers approval before the work is initiated.

Condition of Equipment: This agreement is entered into with the understanding that the Equipment will be in good operating condition on the commencement date. If the Equipment is not under warranty or under a CBS maintenance agreement at the time this agreement is accepted by CBS, CBS shall have the right to inspect the Equipment and charge separately for the cost of placing it in proper operating condition. CBS shall submit an estimate of the cost of such repairs for Customer approval before the work is initiated.

Confidentiality/Security: The Customer is responsible for the security of its proprietary and confidential information and for maintaining a procedure external to the Equipment to reconstruct lost or altered Customer files, data, or programs.

Network/Printing Support: CBS will service all hardware attached to the copier/printer and will oversee a successful installation to the Customers network, and up to 10 workstations. The Customer must provide a responsible person to input necessary entries or changes to their server or workstations. After the successful implementation of printing from the Customers network environment, CBS's responsibility ends. Any additional support required will be charged to the Customer at CBS's current hourly service rate in effect at the time of services rendered.

Liability: With respect to property damage or injury (including death) to persons arising out of, or connected with services performed under this agreement, is limited strictly to that imposed by law, and there is no contract that imposes any greater liability on CBS, Inc.

Services: The Customer understands and agrees that if CBS, Inc is called upon to perform service on the Equipment under contract and the agreement is discovered to have expired, either by meter reading or date, the Customer may either renew the agreement as of the expiration of the contract, or pay for the service rendered on a time and materials basis, based on current billable service rates.

Toner Shipments: CBS will bill the customer toner shipping -charges based on estimated toner usage.

General A. Free Access: CBS shall have free access to the Equipment to perform services thereon. B. Taxes. Customer agrees to pay all taxes including state and local sales and excise taxes however designated, levied or based on the service charges pursuant to this Agreement, and any taxes or amounts in lieu thereof paid or payable by CBS in respect of the foregoing. C. Equipment Operators. Customer shall provide Equipment Key Operators for each shift of operation. D. Assignment. Neither the benefits nor the obligations of this Agreement are assignable without the written consent of CBS, Inc. E. Telephone and Utility Charges. CBS shall not be responsible for any telephone and utility charges incurred by the Customer when using the Equipment, or by CBS personnel in the course of performing maintenance repair service. F. Entire Agreement. This Agreement shall become effective only after execution by Customer and CBS, Inc in the places provided. It is expressly understood that no other form of acceptance, verbal or written, will be valid or binding and that this Agreement shall constitute the entire Agreement between Customer and Century Business Services, Inc with respect to its subject matter irrespective of inconsistent or additional terms and conditions in Customer's purchase orders, in any other document submitted to CBS by Customer, or in representations made by CBS personnel. G. No Waiver. Customer acknowledges and agrees that any delay or failure to enforce its rights here under CBS, Inc does not constitute a waiver of such rights by CBS, Inc. or in any way prevent CBS, Inc. from enforcing such rights, or any other rights hereunder, at a later time. 4 A Mason Irvine, CA 92618

r Century
Business Services
A FLOETICMNOLOGY CROUPCampeny
City of Placentia Proposed Solution
0 Main Office: 401 East Chapman Ave, Placentia (Orange), CA 92870 Kyocera 4052ci
B&W / Color Floor Model MFP
3 Kyocera 4054ci
Konica Minolta C3351
B&W / Color Desktop MFP
5 Kyocera M6630cidn / One with Fax Option
Lexmark M3250
B&W Desktop Printer
5 Kyocera P3150dn
Lexmark M3150
B&W Desktop Printer
1 Kyocera P3150dn
Konica C3100P
B&W / Color Printer
19 Kyocera P6230cdn
Police Tow Yard: 166 E. La Jolla Ave, Placentia (Orange), CA 92870 Konica Minolta C3351 B&W / Color Desktop MFP 2 Kyocera M6630cidn Corporate Yard: 2999 E. La Jolla Ave, Placentia (Orange), CA 92870 Konica Minolta C3351 B&W / Color Desktop MFP 1 Kyocera M6630cidn / with Fax Option Whitten Center: 900 S. Melrose St., Placentia (Orange), CA 92870 Konica C3100P B&W / Color Printer 1 Kyocera P6230cdn
Fire Chief
No Equipment Currently B&W / Color Printer 1 Kyocera P6230cdn Outside of the Mayor's Office
ImageRunner Advance C5550i B&W / Color Floor Model MFP 1 Kyocera 5054ci Police Administration
ImageRunner Advance C5550i B&W / Color Floor Model MFP 1 Kyocera 5054ci Fire Headquarters
No Equipment Currently
B&W / Color Floor Model MFP
1 Kyocera 5054ci
No Equipment Currently
B&W / Color Printer
3 Kyocera P6230cdn
HR Director
No Equipment Currently B&W / Color Printer 1 Kyocera P6230cdn Sr. HR Tech
No Equipment Currently B&W / Color Printer 1 Kyocera P6230cdn City Hall Public Works
Canon ImageRunner B&W / Color Floor Model MFP 1 Kyocera 5054ci PD Records
Canon ImageRunner B&W / Color Floor Model MFP 1 Kyocera 5054ci Proposed New Monthly Program Contract (Before Taxes)
Volume Included:
$4,798.50
Kyocera Copiers:

B&W: 10,770
Color Level 1: 13,157
Color Level 2: 4,182
B&W: 9,059
Color: 3,677
Desktop Devices:

New MyPanel application eliminates the need to physically touch any of the panels across your shared Kyocera devices.

There is no cost involved and implementation is easy. Simply print and post QR codes on your Kyocera devices and instruct your teams to install the Kyocera MyPanel application on their corporate and/or personal mobile phones and/or tablets. Employees can then manage all print, scan and copy functionality directly from their mobile device (available for Apple iOS, Android and Windows platforms).
cr SP

2 VI121
CBE Office Technologies
Proposal
For

canon
Equipment Included in Contract Breakdown
Main Office: 401 East Chapman Ave., Placentia (Orange), CA 92870 (3) Canon ImageRunner Advance DX C5840i / Stapler Finisher (5) Canon ImageRunner Advance DX C357iF
(6) Canon imageCLASS LBP236dw
(19) Canon Color imageCLASS LBP712Cdn
Police Tow Yard: 166 E. La Jolla Ave., Placentia (Orange), CA 92870 (2) Canon ImageRunner Advance DX C357iF
Corporate Yard: 2999 E. La Jolla Ave, Placentia (Orange), CA 92870 (1) Canon ImageRunner Advance DX C357iF
Whitten Center: 900 S. Melrose St., Placentia (Orange), CA 92870 (1) Canon Color imageCLASS LBP712Cdn
Fire Chief
(1) Canon Color imageCLASS LBP712Cdn
Outside of the Mayor's Office
(1) Canon ImageRunner Advance DX 5850i / Stapler Finisher & 2-3 Hole Punch
Police Administration
(1) Canon ImageRunner Advance DX 5850i / Stapler Finisher & 2-3 Hole Punch
Fire Headquarters
(1) Canon ImageRunner Advance DX 5850i / Stapler Finisher & 2-3 Hole Punch
(3) Canon Color imageCLASS LBP712Cdn

canon
HR Director
(1) Canon Color imageCLASS LBP712Cdn
Sr. HR Tech
(1) Canon Color imageCLASS LBP712Cdn
City Hall Public Works
(1) Canon ImageRunner Advance DX 5850i / Stapler Finisher & 2-3 Hole Punch
PD Records
(1) Canon ImageRunner Advance DX 5850i / Stapler Finisher & 2-3 Hole Punch

canon
Included Volume in Contract Breakdown
Proposed New Monthly Program Contract (Before Taxes) $5,310.39 Volume Included:

Canon Department Copiers:

B&W: 10,770
Color: 17,339
Canon Desktop Devices:

B&W: 9,059
Color: 3,677
Service contract to be billed at .008 B&W and .065 Color per page. The contract includes all parts, labor and toner, excludes paper.

SHIP Capron RICOH digaM
CUB The Official Office Solutions Provider of the LA Clippers Oit is COUNTY
BUSINESS JOIIRSr1L
America's Fastest -Growing Private Companies? (2011/2013/2012/2011/2010/2009/2008) 11=5 0
Top 100 Fastest -Growing Private Companies!(2D15/2014/2013/2C12/201V2010/2009/2008/2007)

---
INC
Copy Link is the Right choice!
At Copy Link we have built our business one satisfied customer at a time. When evaluating a company to meet your office equipment needs there are many issues to consider. We invite you to compare the services and benefits you will receive at Copy Link against any of our competitors. We are confident that Copy Link will rise above the rest!
Features and Benefits
Copy
Link
Company
B
Company
C
Locally owned and operated
V
Serving San Diego County since 1990
V
Live person ready to take your call
V
Local in-house Help Desk for immediate resolutions
V
Staff that know you and recognize your account
V
4 Hour service response time
V
Service technician's average tenure of 16 years
V
All vehicles stocked with over $7500 in parts, all the time V
Guaranteed uptime performance
V
Guaranteed loaner system if yours is out of service
V
Master Technicians on Staff
V
Premier Dealer and Authorized Service center
V
Award Winning Product Lineup
V
A company culture that exemplifies a sense of urgency
V
An accessible experienced Management Team
V
SHARP
EPSON [4/3
LExM4 RK
HEWLETT°

PAC KAR D
bther
PaperCut CLOVER

IMAGING GROUP

SST. IN 1990
- - - - INC.

SHARP
Proposed Solution for: The City of Placentia
Quantity
Equi -
Description
Main Office: 401 East Chapman Ave., Placentia (Orange), CA 92870
3 Sharp BP -70055
Stapler Finisher
5 Sharp MX-C357F
Desktop Color MFP
6 Sharp MX-B557P
Desktop B&W Printer
19 Sharp MX-C407P
Desktop Color Printer
Police Tow Yard: 166 E. La Jolla Ave., Placentia (Orange), CA 92870
2 Sharp MX-C357F
Desktop Color MFP
Corporate Yard: 2999 E. La Jolla Ave, Placentia (Orange), CA 92870
1 Sharp MX-C357F
Desktop Color MFP
Whitten Center: 900 S. Melrose St., Placentia (Orange), CA 92870
1 Sharp MX -407P
Desktop Color Printer
Fire Chief
1 Sharp MX-C407P
Desktop Color Printer
Outside of the Mayor's Office
1 Sharp BP -70055
Stapler Finisher & 2-3 Hole
Punch
Police Administration
1 Sharp BP -70055
Stapler Finisher & 2-3 Hole
Punch
Fire Headquarters
1 Sharp BP -70055
Stapler Finisher & 2-3 Hole
Punch
3 Sharp MX-C407P
Desktop Color Printer
HR Director
1 Sharp MX-C407P
Desktop Color Printer
Sr. HR Tech
1 Sharp MX-C407P
Desktop Color Printer
City Hall Public Works
1 Sharp BP -70055
Stapler Finisher & 2-3 Hole
Punch
PD Records
1 Sharp BP -70055
Stapler Finisher & 2-3 Hole
Punch

Monthly Lease Monthly Monthly
Payment Black & White Color
included included
$5,298.74 19,829 21,016
Mono CPP
$0.012
Color CPP
$0.08
All -Inclusive Maintenance & Supplies:

Relax knowing your system is backed with everything you need to keep your system running productively. Our all-inclusive maintenance agreement includes parts, labor and supplies (i.e., toner, developer and drum, preventative maintenance and on -site service.) Excludes paper, staples and toner waste collection containers. All applicable taxes will apply. • 19,829 B&W copies included per month. All additional B&W copies billed quarterly at $0.012 per copy.
• 21,016 Color copies per month. All additional Color copies billed monthly at $0.08 percopy. • 4 hour response time in the metro area and next -day service for out-of-town customers.

Placentia City Council

AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DIRECTOR OF DEVELOPMENT SERVICES
DATE: MARCH 21, 2023
SUBJECT: PUBLIC HEARING AND CONSIDERATION OF PROPOSED PROGRAMS AND

ACTIVITIES TO BE SUBMITTED TO THE COUNTY OF ORANGE FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FOR FISCAL YEAR 2023-24
FISCAL
IMPACT: CDBG FUNDS IN THE AMOUNT OF $377,237 FOR FISCAL YEAR 2023-24 SUMMARY:

The Federal Housing and Community Development Act of 1974 provides Community Development Block Grant (CDBG) funds for projects that promote the development of viable urban communities by providing suitable living environments for persons of low and moderate income. As a Metropolitan City, the City of Placentia does not compete with 11 other County cities to apply and receive CDBG funds through the County of Orange ("County"). The amount of CDBG funding received by the City is established and provided directly by the U.S. Department of Housing and Urban Development (HUD) via the County. The funding allocation varies from year to year; therefore, the funding allocation will be presented to the City Council on an annual basis.

For Fiscal Year ("FY") 2023-24, the anticipated funding amount is $377,237, of which the City will receive $339,514 directly. Eligible funding programs and activities must adhere to National Objectives established by HUD and the County's Consolidated Plan. The program and projects must achieve a specified performance outcome such as improving accessibility through removal of physical barriers or promoting livable and viable neighborhoods by providing a benefit to low to moderate income residents. This action will conduct a public hearing on the proposed programs and activities and authorize the City Administrator, or his designee, to submit the application to the County to receive CDBG funds for the programs and activities described herein.

RECOMMENDATION:

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

1. Open the Public Hearing to consider proposed programs and activities for the Community Development Block Grant Funding for Fiscal Year 2023-24; and

2. Receive the Staff report, consider all public testimony, ask any questions of Staff; and

2.a.

March 21, 2023

City Council Agenda
March 21, 2023

3. Close the Public Hearing; and

4. Authorize the City Administrator to submit an application to the County of Orange to receive CDBG Funds to support public service programs, public facilities improvements, housing rehabilitation needs, and administrative expenses for Fiscal Year 2023-24; and

5. Authorize the City Administrator to execute all necessary documents, in a form approved by the City Attorney.

DISCUSSION:

The Federal Housing and Community Development Act of 1974 provides CDBG funds for projects that promote the development of viable urban communities by providing suitable living environments for persons of low and moderate income. As a Metropolitan City, the City does not compete with 11 other County cities to apply and receive CDBG funds through the County. The City's funding allocation will be established annually by HUD.

Eligible programs and activities must adhere to the established performance objectives established by HUD and conform to the priority levels set by the County. This includes creating a suitable living environment that benefits communities, families, or individuals that are from designated low to moderate income areas of the City. Projects must also achieve specified performance outcomes such as improving accessibility through removal of physical barriers or promoting livable and viable neighborhoods by providing a benefit to low to moderate income residents.

As indicated in the chart below, the CDBG amount of $339,514 will be allocated to the City and will serve as a direct offset and/or supplement to the General Fund for specific programs and activities that support viable urban communities. The remaining $37,723 will be provided to the County to cover costs related to preparation of the Annual Action Plan (AAP), Consolidated Annual Performance and Evaluation Report (CAPER), and other administrative costs.

Activity

CDBG ALLOCATION TO THE CITY OF PLACENTIA
Program
Allocation
Housing Needs
Housing Rehabilitation Program
$52,500
Facade Improvement Program
$190,291
Public Services
(Mandated 15% of
CDBG Funds)
Senior Services Salaries (Lunch Program)
$21,000
Public Services Salaries (Neighborhood Services)
$38,000
Administration - City
Assistant to the City Administrator/Economic
Development Manager Salary for Administering CDBG Programs $37,723
Total CDBG Allocation to the City
$339,514

City Council Agenda
March 21, 2023

CDBG ALLOCATION TO THE COUNTY OF ORANGE
Activity Program
Allocation
Administration - County County Staff - Maximum HUD Allocation Total CDBG Allocation to the County
$37,723
$37, 723
TOTAL CDBG FUNDING ALLOCATION $377,237
Program Activities
Housing Needs: The goal is to preserve and rehabilitate existing ownership housing stock. Due to the large percentage of the City's housing stock exceeding 50 years of age, measures must be taken to preserve the quality and livability of existing residential units. Many of these housing units are owned by low -moderate income persons, often elderly or disabled residents, who are unable to adequately care for their homes. Minor exterior rehabilitation efforts are often necessary to provide exterior repairs, weatherization, or clean-up improvements to maintain the quality of living conditions or for health and safety issues.

In addition, the Facade Improvement Program will be implemented in an effort to remove blight and provide for the expansion of the City's tax base through the use of CDBG funds for eligible facade improvements to local businesses. The funds can be used for exterior improvements among the aging commercial buildings in the Old Town Placentia area. The program will be designed to promote Placentia as a positive venue for quality business, incentivize business improvements and attraction to enhance local economic growth, and ensure that government regulations promote a favorable business climate.

Public Services: HUD requires 15% of the total CDBG funding allocation to be designated to public services. Based upon the community need and HUD requirements, there is a high priority need to continue to support public services for senior and youth populations. The City's continuing Senior Lunch Program provides a local community benefit to the senior and disabled population by providing daily nutritional meals supplemented by much -needed social interaction. The program serves an average of 450 lunches a month to senior and disabled residents in Placentia and the surrounding communities. The majority of attendees are over the age of 65, live alone, and are considered low-income. The City also provides several Neighborhood Services programs including free food distribution and human services referrals in areas designated as low -to - moderate income. These Neighborhood Services programs ensure that comprehensive and coordinated resources are available to support family needs.

Administrative Costs: HUD approves the allocation of 20% of the total CDBG funding for administrative costs. Per the current agreement with the County of Orange, the 20% will be equally divided between the City and the County. The County will file, on behalf of the City, several HUD mandated reports including the AAP, CAPER, Analysis of Impediments (Al), Citizen Participation Plan (CPP), and the Integrated Disbursement and Information System (IDIS) management. The City's administrative costs will be for the monitoring and reporting of the programs and activities.

Administrative costs will specifically be for the submittal of quarterly expenditure reports, financial activity, contracts, and summary of accomplishments for each of the programs and activities.

City Council Agenda
March 21, 2023

FISCAL IMPACT:

Submittal of the proposed CDBG program and activities to the County will have a positive financial impact. The City will receive approximately $339,514 of the anticipated total amount of $377,237 in CDBG allocated funds for FY 2023-24 for the implementation of specific programs and activities that will have a positive impact upon our community.

Prepared by:

Jeannette Ortega
Assistant to the City Administrator/
Economic Development Manager
Reviewed and approved:

Damien R. Arrula
City Administrator
Reviewed and approved:

Jos 1 M. mbert
Director of Development Services

Placentia Cit Council

AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DIRECTOR OF COMMUNITY SERVICES
DATE: MARCH 21, 2023
SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. O-2023-01 OF THE

CITY COUNCIL OF THE CITY OF PLACENTIA, CALIFORNIA, AMENDING CHAPTER 9.20 ("WILDLIFE") OF TITLE 9 ("ANIMALS AND FOWL") OF THE

PLACENTIA MUNICIPAL CODE RELATING TO FEEDING WILDLIFE WITHIN

THE CITY
FISCAL
IMPACT: NONE
SUMMARY:

The proposed amended ordinance will update Chapter 9.20 of the Placentia Municipal Code ("PMC") by prohibiting the public feeding of wildlife. The proposed amendment will enable the Community Services Department, Public Works Department and Police Department to effectively enforce provisions of the PMC relating to the feeding of "wildlife" in City parks and athletic fields.

DISCUSSION:

The Community Services Department noted the PMC does not contain provisions relating to the public feeding wildlife at City Parks and Athletic Fields. The population of ground squirrels at certain athletic fields and parks has noticeably increased which could be exacerbated by feeding from the public. This increase in ground squirrel activity is causing negative impacts to the City parks and athletic fields.

Specifically, staff has noticed a significant increase in the number of holes on athletic fields, park grounds and slopes. City maintenance staff and contractors cannot keep up with filling the holes daily. The growing ground squirrel population is also causing damage to the park lighting at Champions Park by chewing electrical wires. Holes and underground tunneling create a significant safety hazard for users of the athletic fields. Additionally, ground squirrels may carry disease which can infect members of the public. The proposed ordinance mirrors Section 251.1 of Title 14 of the California Code of Regulations which prohibits the "harassment" of any mammal, which expressly includes intentional acts such as feeding because it can disrupt the animal's natural foraging behavior.

3.a.

March 21, 2023

City Council Agenda
March 21, 2023

City staff has reviewed the current conditions and developed a proposed ordinance to amend Chapter 9.20 of the PMC to prohibit the public from feeding wildlife in the City with certain exceptions. The amended ordinance also applies to other forms of wildlife.

RECOMMENDATION:

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

1. Receive the staff report and consider the first reading of Ordinance No. 0-2023-01; and

2. Find that the recommended actions are exempt from the California Environmental Quality Act ("CEQA") pursuant to Sections 15061(b)(3) of the CEQA Guidelines, (Title 14, Chapter 3 of the California Code of Regulations). Section 21065 of the Public Resources Code, and the City of Placentia Local Guidelines for implementing CEQA.

STRATEGIC PLANNING STATEMENT:

There is no specific strategic planning goal or objective associated with this agenda item.

Prepare by:
�, n
C‘AD\A f(g
Karen Crocker
Director of Community Services
Reviewed and approved:

Damien R. Arrula
City Administrator
Reviewed and approved:

Christian L. Bettenhausen
City Attorney
Attachment:

Ordinance O-2023-01 amending Chapter 9.20 of the PMC

ORDINANCE NO. 2023-01

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLACENTIA, CALIFORNIA, AMENDING CHAPTER 9.20 ("WILD ANIMALS") TO TITLE 9 ("ANIMALS AND FOWL") OF THE PLACENTIA MUNICIPAL CODE RELATING TO FEEDING WILDLIFE WITHIN THE CITY.

WHEREAS, the City of Placentia ("City") is a charter city organized under the laws of the State of California with authority to enact ordinances to protect the public health, safety and welfare within the City under Article XI, Section 7 of the California Constitution; and WHEREAS, the feeding of wildlife can lead to negative impacts on animals, people and the environment; and
WHEREAS, feeding wildlife can lead to aggressive behavior towards humans, which presents health and safety concerns for residents and visitors to the City; and WHEREAS, feeding wildlife can artificially support the growth and carrying capacity of urban wildlife populations, compromising wildlife health and increasing human exposure to, and potential conflicts with, wildlife; and
WHEREAS, feeding wildlife can cause certain species to localize activity in the vicinity of the food source, thus increasing associated negative impacts on property owners and individuals within those neighborhoods; and
WHEREAS, Section 251.1 of Title 14 of the California Code of Regulations prohibits the harassment of any game or nongame bird or mammal or furbearing mammal, expressly including intentional acts such as feeding that disrupt the animal's natural foraging behavior; and
WHEREAS, the City Council finds that an ordinance prohibiting the intentional and negligent feeding of certain types of wildlife, as defined, and further specifying types of permissible and prohibited conduct regarding interaction with wildlife in the City, is consistent with the City's long-standing commitment to protect and conserve biological resources and public safety and will promote the public health, safety and welfare.

NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF PLACENTIA, AS FOLLOWS:

Section 1. All of the above recitals are correct and hereby incorporated by reference.

The City Council hereby finds as follows:

1. The foregoing recitals are true and correct and are made a part of this ordinance.

2. There is no possibility that the adoption of this ordinance will have a significant impact on the environment, and therefore, the adoption of this ordinance is exempt from the California Environmental Quality Act ("CEQA"), pursuant to Section 15061(b)(3) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations). 1 Section 2. Municipal Code Amendment. Chapter 9.20 ("Wild Animals") of Title 9 ("Animals and Fowl") of the Placentia Municipal Code is hereby amended to provide as follows:

Chapter 9.20 - WILDLIFE

9.20.010 Definitions
For purposes of this chapter, the following definitions shall apply:
"Feed" means to give, distribute, place, expose, deposit, or scatter any edible material on any public or private property with the intention of feeding, attracting, domesticating or enticing wildlife, whether or not wildlife is in the vicinity at the time. Feeding does not include baiting in the permitted and legal take or depredation of wildlife in accordance with federal, state and local law.
"Person" means any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction. "Wildlife" means any non -domesticated species of animal including but not limited to coyotes, deer, wild turkeys, foxes, skunks, raccoons, possums, squirrels,ducks, geese, ravens, crows, and gulls.
"Wild animal" means and includes any animal, reptile, fowl, or fish which is not tame or gentle as found in nature but is of a wild nature or disposition, or which is known to be vicious, or which must be kept in confinement to be brought within the immediate power of the owner. "Wild animal" does not include any bird life except as otherwise provided by law, any hamster, guinea pig, white rats and/or mice, any nonpoisonous snake not exceeding six feet in length, any turtle, any nonpoisonous toads, lizards, salamanders, newts, chameleons, kangaroo rats, and any fish except piranha and walking catfish.

9.20.020 Wild animals not permitted in city — Exceptions.

It is unlawful for any person to keep or maintain or cause to be kept or maintained, within the city of Placentia any wild animal except those enumerated in Section 9.20.010. This section shall not prohibit the keeping or maintaining of wild animals within the city of Placentia in the following locations:

A. Wild animals in zoos or museums —any wild animals which are kept confined in zoos or museums for the public to view;
B. Wild animals in bona fide, licensed veterinary hospitals for treatment; C. Wild animals may be maintained by bona fide educational institutions for the purpose of instruction, provided such wild animals are securely confined and are properly cared for in a manner satisfactory to Orange County Animal Control services.
2 9.20.030 Disturbing or taking wildlife.

No person shall hunt, kill, wound, feed, touch, tease, frighten, or intentionally disturb wildlife in any park, sports field, recreational area or open space except persons in the performance of their official duties, or in areas designated and under conditions established by the City to include the health and safety of the public.

9.20.040 Harassment of Animals
No person shall harass, herd or drive any game or nongame bird or mammal or furbearing mammal. For the purposes of this section, harass is defined as an intentional act which disrupts an animal's normal behavior patterns, which includes, but is not limited to, breading, feeding or sheltering. This section does not apply to a landowner or tenant who drives herds birds or mammals for the purpose of preventing damage to private or public property, including aquaculture and agricultural crops. Feeding a wild animal, including, but not limited to ducks and squirrels is considered animal harassment.

9.20.050 Feeding of Wildlife Prohibited
A. No person shall purposely or knowingly feed wildlife on public or private property in the City of Placentia.

B. No person shall leave or store any refuse, garbage, pet food, seed or birdseed, fruit, meat,dairy, vegetable, grain or other food in a negligent manner likely to feed wildlife.

C. No person shall fail to take remedial action to cease contact or conflict with wildlife, including to secure or remove outdoor refuse, cooking grills, pet food, backyard birdfeeders or any other similar food source or attractant, after being advised by the city to undertake such remedial action.

9.20.060 Exceptions
The prohibitions in Section 9.20.060 do not apply to:

A. Landscaping, gardening, and/or maintaining vegetable gardens, fruit and nut trees or other plants, so long as such activities are not conducted for the purpose of feeding wildlife as defined in this article.

B. Feeding of birds, except wild turkeys, outdoors on private residential properties using bird feeders, to the extent authorized by law and subject to the following requirements:

1. Bird feeders shall be placed at least five (5) feet above the ground and shall be suspended on a cable or otherwise secured so as to prevent the bird feeders from being easily accessible to other wildlife.

2. The feeding shall not substantially interfere with the rights of surrounding property owners.
3 3. The area below and around bird feeders must be kept clean and free of seed and an accumulation of feces.

4. No person shall knowingly allow or permit bird feeders to become an attractant for rodents or other wildlife other than birds.

5. Bird feeders shall be kept clean to prevent the spread of disease among wild bird populations.

C. Baiting, for the purpose of trapping, feral cats as part of an approved Trap -Neuter - Release program.

D. Any property owner baiting, for the purpose of trapping, wildlife on their property when authorized by, and in accordance with, State law including but not limited to trapping gophers, house mice, moles, rats, and voles pursuant to Fish and Game Code section 4005(f); taking of certain mammals found injuring crops or property pursuant to Fish and Game Code section 4152; taking of certain nongame birds and mammals such as weasels, skunks, opossum, moles and rodents pursuant to 14 CCR § 472; or as otherwise permitted and authorized by State law.

Section 3. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council of the City of Placentia hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional.

Section 4. Effective Date and Publication. This ordinance shall be and the same is hereby declared to be in full force and effect from and after thirty (30) days after the date of its passage. Within fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause a summary of said Ordinance to be published as provided in Government Code §36933, in a newspaper of general circulation published and circulated in the City of Placentia, along with the names of the City Council voting for and against its passage. 4 PASSED, APPROVED AND ADOPTED THIS 4TH DAY OF APRIL 2023.

Ward L. Smith, Mayor
ATTEST:

Robert S. McKinnell
City Clerk
APPROVED AS TO FORM:

Christian Bettenhausen, City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS.

CITY OF PLACENTIA }
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Placentia, held on the 21st day of March 2023, and adopted at a regular meeting of the City Council of the City of Placentia, held on the 4th day of April 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

COUNCILMEMBERS:

COUNCILMEMBERS:

COUNCILMEMBERS:

COUNCILMEMBERS:

Witness my hand and the official seal of the City of Placentia this 4th day of April, 2023.

Robert S. McKinnell,
City Clerk
5 Placentia City Council

AGENDA REPOR
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DIRECTOR OF COMMUNITY SERVICES
DATE: MARCH 21, 2023
SUBJECT: APPROVAL OF THE DESIGN CONCEPT PLAN FOR PLAYGROUND

RENOVATIONS AT KOCH PARK (PHASE II) AND APPROVAL OF A PUBLIC WORKS AGREEMENT WITH PLAYCORE D.B.A GAMETIME FOR THE

PURCHASE AND INSTALLATION OF THE PLAYGROUND EQUIPMENT,
CIP PROJECT NO. 7312
FISCAL
IMPACT: BUDGETED: $600,000.00 (797312-6760) PROJECT NO. 7312 EXPENSE: $593,742.96 (797312-6760) PROJECT NO. 7312
SUMMARY:

The Placentia Parks Initiative ("PPI)" is a citywide initiative which is aimed at establishing a significant capital investment into the City's parks and open space 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 Koch Park (Phase II) playground area.

The project will include installation of all new playground equipment and will substantially increase the play area at the park. Phase II of the project will complement the recently installed Placentia Fire and Life Safety Department play structure by adding two (2) new structures to complete the "First Responders" theme. The new structures will be themed to represent the City's Police Department and the Public Works Department.

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

Funding for the project has been identified as $600,000 for the playground equipment from Measure U in the current Capital Improvement ("CIP") budget. The proposed action will approve the design plan of the Koch Park (Phase II) playground renovation project and will award a Public Works Agreement to PlayCore d.b.a GameTime (PlayCore), for the purchase and installation of the playground equipment in the amount of $593,742.96, satisfying CIP project No. 7312.

3.b.

March 21, 2023

City Council Agenda
March 21, 2023

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 Koch Park (Phase II) playground project; and

2. Approve the design concept plan for the Koch Park (Phase II) playground renovation project; and

3. Approve the purchase of the Koch Park (Phase II) playground equipment utilizing the budgeted CIP funding in Fiscal Year 2022-2023 for project 7312; and

4. Award a Public Works Agreement to PlayCore d.b.a GameTime, for the Koch Park (Phase II) playground equipment renovation project in the amount of $593,742.96; and

5. Authorize the City Administrator to approve contract change orders up to a total of $6,254.04 or a not -to -exceed total contract amount of $600,000; and

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

STRATEGIC PLAN STATEMENT:

This item is consistent with the City Council approved 5 -Year Strategic Plan Goal to Implement Public Infrastructure to Meet Community Needs and complete the Placentia Parks Initiative, under Objective #5.2.

DISCUSSION:

At the May 18, 2021 meeting, the City Council approved the Placentia Parks Initiative (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 Koch Park (Phase II) playground project.

The project will include complete installation of two (2) new play structures that will represent the Police and Public Works Departments. The two (2) new structures will encompass approximately 7,000 square feet and will complete the "First Responders" theme by complementing the recently installed Placentia Fire and Life Department play area. By adding these new structures, the play area at the park will increase by 1,500 square feet. The Police themed structure will include a Police Station, police car spring rider, and police SUV. The Public Works themed structure will include a slide, backhoe with monkey bars, dump truck, and excavator spring riders. Incorporated shade sails will be included in the new structures. The new rubberized surfacing will feature the same road design from the Placentia Fire and Life Safety Department structure and ADA accessible engineered wood fiber will also be incorporated in the play area.

City Council Agenda
March 21, 2023

The design concept plan provided by PlayCore d.b.a GameTime ("PlayCore"), aligns with the City Council approved Placentia Park Initiative ("PPI"), to enhance play experiences throughout the City's parks system, by creating unique "themed" playgrounds that are all different. The Parks, Arts, and Recreation (PARC) Commission reviewed the design concept plans for the renovation of the Koch Park (Phase ll) playground project, at the November 14, 2022, meeting. The PARC Commission recommends approval of the proposed design concept plans provided by PlayCore.

Per the Commission's recommendation, the provided concept plan provides for a creative design, that also incorporates early childhood play and meets the City's proposed project budget.

Additionally, the custom colorful Police Department and Public Works Department theme adds to the "First Responders" element of the park that is consistent with the recently added Placentia Fire and Life Safety Department playground structure.

Upon approval of the concept design, Staff will work with PlayCore, to order and finalize the installation of the playground equipment for the park. Staff recommends the City Council approve the concept design plans and award a Public Works Agreement to PlayCore, for the purchase and installation of the playground equipment in the amount of $593,742.96.

A total of one (1) OMNIA Partners (OMNIA) cost proposal for this project was received. OMNIA is a national public sector cooperative purchasing organization. Based on PlayCore's experience, references, and the automatic low bid received through OMNIA, Staff recommends that the City Council award a Public Works contract to PlayCore in the amount of $593,742.96, and an additional $6,254.04 in contingency funds for change orders related to unforeseen conditions encountered during construction. The project budget will be funded utilizing CIP funds currently identified in FY 2022-2023 CIP budget.

FISCAL IMPACT:

The City Council budgeted $600,000.00 for the Koch Park (Phase II) playground renovation project from Measure U in the Capital Improvement Program (CIP) in the current Fiscal Year 2022-2023 budget. The total budget the playground project is $600,000.00. Therefore, sufficient funds exist within the CIP budget to order, purchase, and install the playground equipment at $593,742.96 consistent with the PPI.

Prepa ed by:

Veronica Ortiz
Community Services Supe
Reviewed and approved by:

Jennifer Lampman
Director of Finance
wed and by:
01 Karen Croc
Director of C. •• nity ces
Reviewed and approved by:

Damien R. Arrula
City Administrator

City Council Agenda
March 21, 2023

Attachments:

1. Koch Park (Phase II) Playground Concept Design Plans

2. PlayCore d.b.a GameTime Playground Purchase and Installation Contract

Koch Park (Phase II) Concept Plan
March 21, 2023

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
• Koch Park (Phase II) is included in the PPI for renovation of the existing playground
• A total of one (1) OMNIA Partners cost proposal for this project was received in the amount of $593,742.96
• Tha total nrniart hi irlri f is'Rnn nnn
• The proposed design from Pacific Play Systems Inc. will align with the City's vision established in the PPI

;'.' l` 4445�6�4i44$�4�LLi� l1

_ �' `. {^ .

Concept Plans

Questions & Comments

Project No. 7312

CITY OF PLACENTIA

PUBLIC WORKS AGREEMENT FOR

KOCH PHASE TWO PLAYGROUND RENOVATIONS
THIS AGREEMENT (herein "Agreement"), is made and entered into this 21 day of March, 2023 by and between the CITY OF PLACENTIA, a municipal corporation and charter city, (herein "City") and PlayCore Wisconsin Inc. d/b/a GameTime (herein "Contractor").

The parties hereto agree as follows:

WITNESSETH:

A. WHEREAS, City requires the renovation of Koch Park Playground phase two 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 California 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 PlayCore Wisconsin Inc. d/b/a GameTime a (Wisconsin corporation, partnership, individual) located at 150 PlayCore Drive SE Fort Payne AL 35967.
(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 1 Rev. 08/2017

Project No. 7312
in Section 5.2.
(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. 7312

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 borne 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 3 Rev. 08/2017

Project No. 7312
the Contractor, incorporating therein any adjustment in (i) the Contract Sum as set forth in Section

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 he pain 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 ell 'piuyirienr 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, Five Hundred Ninety Three Thousand Seven Hundred Forty Two Dollars Ninety Six Cents ($593,742.96), but not exceeding the maximum contract amount of Six Hundred Thousand Dollars. ($600,000.00) 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.
4 Rev. 08/2017

Project No. 7312

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, 2024, 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:

Clint Whiteside
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 tirne 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. 7312
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. 7312
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

Project No. 7312
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 Contractor's 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. 7312
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. 7312

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. 7312

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. 7312
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 avant of a preach of this Agreementthe 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:

PlayCore Wisconsin Inc.

Clint Whiteside
150 PlayCore Drive SE
Fort Payne AL 35967
12 Rev. 08/2017

Project No. 7312

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

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. 7312
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 laws, 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. 7312

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. 7312

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 is Agreement t 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:

Ward Smith, Mayor

CONTRACTOR
Date 3/16/2023
Signature
Clint Whiteside, Director of Sales Administration
Name and Title
39-1720480
Social Security or Taxpayer ID Number
16 Rev. 08/2017

Project No. 7312
ATTEST:

Robert McKinnell, City Clerk
APPROVED AS TO FORM:

Date:

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

Date:

Rosanna Ramirez, Deputy City Administrator
APPROVED AS TO CONTENT:

Date:

Project Manager

DEPARTMENTAL APPROVAL
Date:

Karen Crocker, Director of Community Services
17 Rev. 08/2017

Project No. 7312

EXHIBIT A

SCOPE OF SERVICES

Proposal for
City of Placentia
Prepared by

GREAT WESTERN
03-14-2023
Job # 106417-01
Koch Park Playground Phase 2 Option 2A
(GameTime)
805-910-5971 I www.gwpark.com

GREAT WESTERN
muia.ngm
hat rvaa
MOP
ALTar7 e
s MR
rI C
P
�tar�
pumaa
wa
leIG
fl rx
orrn lr
nAn
w IEINL PAWL
ALM i •XXIMI _ ALMA 10-v
lO.1:1ntW W1mi
ALrvs
u,a
agars

ALTS Y TWIN
MN

3. SLDt a
3 (City of Placentia SALES REP Total Elevated Play Components 128'-9"
Playground
4,300 SF
310 LF
Koch Park Playground Phase 2 BRANDON SEITZ Total Elevated Play Components Accessible By Ramp Placentia, CA 805.910-5971 Total Elevated Components Accessible By Transfer [email protected] Total Accessible Ground Level Components Shown s Great Western TtNY Different Types Of Ground Level Components Required
Required
Required
Required
This pWy r 1ftro�wm Area ReauirM� �haitic �,r ,ate" in the icc nines of all Drawn By:
7 equipment is equipment as sponged tor each type of MW 7 recommended Scale: eyu:pinar r, and at depths to ntea! Ine Date for children ages This drawing ran !an critical tall heights as specified by the U.S 9/14/22 9 5 - 12 staled only when in consumer Product Safety G+mniissiori Drawing Name 5 an Icd o 24" tcrmat ASTM =.!andard F 1447 and Canadian � J � sl�r�,� lawn-0l-Ove2

O NATURAL
Project: 106417 -01 -Opt 2
Surfacing: EWF with Minimal PIP
CUSTOM COLORS:

ITEM
Sensory Wave Link
Sprouts
Tri-Runner
Police
Construction

NAO BASIC
White
awk
§IIME=1
L•srk GPM,
o
raz=
D.,..,„,
...._
8 ,...6„..

COLOR
Champagne
Blue/Yellow
Starlight/Yellow
White/Black HDPE
Yellow/Black HDPE
ITEM
Tower
Accent
Roto
HDPE
Roof

NAOACCENT/ARCH NAOMETAL ROOF
NA
O
WI ne
i

0.1 C.ser
Rmiparrly
Red
wm�
LlgltC ,
Eko.
rimm
0 DECKS

CUSTOM COLOR SELECTIONS
Approved by:

NA O ROTO
O
O.

OI
OL
o.
o
°MCI
O;
ofd
01=
or
O ^e--
0 • • • • • • • 0 • ►

0. 1 0 1. 1••••
Blue
/�

HANDGRIP
®NA
O PRIMARY 11
Pea Green Blue Beige
OOOO
O
COLOR
Starlight
Yellow
Champagne
Black
Metallic/Yellow

NAOTUBE NAOPLASTIC ROOF
O
O
O
O
ID ME
ID 1
01 MEI
i inn
SDI
O wlw.

O 11•111
01 O1==
OMIMI
O MIME
01 O
O1=
01 O.
0 f i i i• i* r s t
I • • . • . • 1 • 1 •
Brvern
ITEM

NAOHDPE
o'
o
0-
0 olliEll
O
O®
o�
o
O
O
ROCK

RECYCLED LUMBER
COLOR
2 COLOR HDPE
NA O
NA NA
6 NAO O O O

NAOSHADE
O Khan
o
rs.
®.

O
{O®
O
EllerlD Sea
now Gf l
O O

(Gamc7irne)
A
GameTime CIO Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
03/14/2023
Quote #
106417-01-03
Koch Park Playground Phase 2 Option 2A CPRS Grant CWO
City of Placentia
Attn: Karen Crocker
2210 N Valencia Ave
Placentia, CA 92870
Phone: 714-993-8227
[email protected]
Quantity Part # Descripti
1 RDU
Ship to Zip 92867
I�liluilrt 61,1
GameTime - Custom 5-12 Playground- $292,394.00 $292,394.00 • Reference Drawing 106417 -01 -Opt 2
3 5139 GameTime - Large Sprout Climber
1 5140 GameTime - Small Sprout Climber
1 14927 GameTime - NDS Play On Sign Package
1 5179 GameTime - Welcome Sign (5-12)
1 6197 GameTime - Backhoe Digger
1 6198 GameTime - Backhoe Digger, Accessible
1 6243 GameTime - Tri Runner
1 14928 GameTime - NDS Inclusive Play Sign Package
1 81688 GameTime - Therapeutic Rings Attch
1 5178SP GameTime - Police Car Spring Rider
1 5027RP GameTime - Police Wagon Facade
1 5028RP GameTime - Police Station Door
5029RP GameTime - Police Station Wall Panel
1 5030RP GameTime - Police Station Window Panel
1 5126SP GameTime - Skid Steer Rocker
1 0246LD GameTime - Police Badge Archway -
Large Police Star Badge to read: "City of Placentia Police Station" Small Blue Badge 1 to read: "Detective" with yellow star below Small Blue Badge 2 to read: "Sergeant" with yellow star below 1 0292LD GameTime - Excavator
1 0293LD GameTime - Dump Truck
1 PIP GT-Impax - 474 Total Sq Ft ( 391 sf PLUS 55 If x 1.5 )- 8' CFH
Includes (2) color mixes with Aliphatic Binder
Color 1 = 50/50 Premium Grey and Black = 448 sf
Color 1 = 100% Premium Yellow = 26 sf
Design includes main base color, and 3 dash lines in yellow No TTA pads
Based on good job access
Prevailing Wages
$1,927.00 $5,781.00
$1,861.00 $1,861.00
$713.00 $713.00
$1,423.00 $1,423.00
$1,446.00 $1,446.00
$18,407.00 $18,407.00
$666.00 $666.00
$1,880.00 $1,880.00
$13,312.00 $13,312.00
$5,876.00 $5,876.00
$4,980.00 $4,980.00
$4,944.00 $4,944.00
$11,096.00 $11,096.00
$19,524.00 $19,524.00
$48,600.00 $48,600.00
$14,692.00 $14,692.00
$14,898.00 $14,898.00

GREAT WESTERN

Brandon sena
OMJonippar4ron

Gamorime
A pr CORE cannoenv
GameTime CIO Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
03/14/2023
Quote #
106417-01-03
Koch Park Playground Phase 2 Option 2A CPRS Grant CWO
Quantity Part # Description
Unit Price Amount
1 SECURITY GT-Impax - Site Security -
Prevailing Wages
195 INSTALL Turboscape - 49 CY of Playground Chips- Blown In - Prevailing Wages
INSTALL Install - Site Work-
• Main Playground Police Theme:
• Provide and install temp fencing during construction (wind screen and sand bags not included)
• Expand pit by 1,560 sqft by removing concrete walkway, dirt and grass to 12" depth. • Demo and remove 2740 sf of sand/dirt to 12" depth.
• Provide and install 415sf of base at 8.5" depth with 55 If of turndown • Demo and remove 117 If of existing curb
• Install new curb 117 If
• Provide and install 6,360 sf of geotextile fabric (wood chips by others) • New Picinic Area:
• Demo and remove 900 sf of existing sand/dirt at 4" depth • Provide and install 900 sf of dg at 4" depth
• Additional Concrete Work:
• Demo and remove 430 If of existing concrete walkway
• Replace existing concrete with new 430 If at 5' width include an additional 150 sf for wide section for a total of 2,300 sf
• Remove and dispose spoils.
• Prevailing wages.
• Price based on award of total scope; work to be done concurrently at all areas* • Price includes one (1) move -on only
1 INSTALL Install - Playground Equipment-
• installation on!y of (1) Gametme Structure #106417-n1-Opt9 (With Excavator and Srrial! PIP Pad)
• Footings excavation, and concrete.
• Equipment assembly.
• Removal of spoils.
• Prevailing wages.
• Price based on award of total scope; work to be done concurrently at all areas* • Price includes one (1) move -on only.
$1,200.00
$1,200.00
$64.00 $12,480.00
$105,628.63 $105,628.63
$105,889.00 $105,889.00
Sub Total $687,690.63
Grant ($146,197.00)
Estimated Freight $25,877.00
Tax $26,372.33
Total $593,742.96

GREAT WESTERN

Brandon Seitz
Braidoni garkcor.

(Gam�iime)
A PLA: CORE C o«npav
GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
03/14/2023
Quote #
106417-01-03
Koch Park Playground Phase 2 Option 2A CPRS Grant CW0
Comments
Your Sales Rep is Brandon Seitz. Please reach out to Brandon at 805-910-5971 if you should have any questions regarding this quote.

Due to the volatility of freight costs, the freight pricing is subject to change at the time of order.

Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old. ***OPTIONAL -To include a Payment and Performance Bond, please add $9,070 plus tax if applicable. ***Grant Cash with Order Pricing —order MUST be paid in full at time of order. *"Not all equipment is eligible for Grant Pricing:

Shipping to Installer:
1009 N Batavia St.

Orange, CA 92867
Site Address:
2210 Valencia Ave
Placentia, CA 92870
*Freight charges are based on listed zip code and are subject to change if shipping information changes. *Deposit may be required.

Prevailing wage

erandon S•ita
tTaaionMgrparkcon;

GameTime
A PLAi CORE Canpen,
GameTime CIO Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
03/14/2023
Quote #
106417-01-03
Koch Park Playground Phase 2 Option 2A CPRS Grant CWO
Remit Payment to:

GameTime
P.O. Box 680121
Fort Payne, AL 35968
Taxes:

All applicable taxes will be added at time of invoicing unless otherwise included or a tax-exempt certificate is provided.

If sales tax exempt, you must provide a copy of certificate to be considered exempt.

Prices:

FOB Factory.

Orders:

All orders shall be in writing by purchase order, contract, or similar document made out to PlayCore Wisconsin Inc., dba GameTime.

Standard GameTime equipment orders over $100,000 may require a deposit of 25% at the time of order and an additional 25% at or before order ships Standard orders with equipment, installation and surfacing are requested to be split billed.

Equipment, Taxes & Freight as noted above
Installation and Surfacing billed as completed and Due Upon Receipt.

Terms:

Cash With Order Discount (CWO): Orders for GameTime equipment paid in full at time of order via check, Electronic Funds Transfer (ACH or wire) are eligible for a three percent (3%) cash with order discount.

Payment via credit card: If you elect to pay by credit card, GameTime charges a 2.50% processing fee that is assessed on the amount of your payment. This fee is shown as a separate line item and included in the total amount charged to your credit card. You have the option to pay by check, ACH or Wire without any additional fees.

Credit terms are Net 30 days, subject to approval by the GameTime Credit Manager. A completed credit application must be submitted and approved prior to the order being received. Please allow at minimum 2 days for the credit review process. GameTime may also require:

Completed Project Information Sheet (if applicable)
Copies of Payment and Performance Bonds (if applicable) A 1.5% per month finance charge will be imposed on all past due invoices.

Retail 'ago Iwt. duuepteu.

Orders under $5,000 require payment with order.

DIR# 1000015526 CSLB#855664
INSTALLATION CONDITIONS:
• ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery.

STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process. Once equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made and noted on the quotation.
• FOOTER EXCAVATION: Installation pricing is based on footer excavation through earth/soil only. Customer shall be responsible for unknown conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in additional labor or materials cost.
• UTILITIES: Owner is responsible for locating any private utilities. • ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in this quotation. If additional site work or specialized equipment is required, pricing is subject to change.

GREAT WESTERN

Brandon SaIIz
nraodun$grtarkzors

n, PLA'vtORE cu.a.ny
GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
03/14/2023
Quote #
106417-01-03
Koch Park Playground Phase 2 Option 2A CPRS Grant CWO
ACCEPTANCE OF QUOTATION:

Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.

Purchase Amount: $593,742.96 Date:

Signature
Please fill out this ORDER FORM, this is required to process the order.

GREAT WESTERN

Brandon Seitz
9raodonii7.parkeora

Contract No. 2017001134
Vendor No. 121531

STATE OF NORTH CAROLINA

COUNTY OF MECKLENBURG

CONTRACT TO PROVIDE

PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES,

SURFACING, AND RELATED PRODUCTS AND SERVICES
This Contract (the "Contract") is entered into as of this 1st day of July 2017 (the "Effective Date"), by and between Playcore Wisconsin, Inc. d/b/a GameTime, a corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City").

RECITALS
WHEREAS, the City issued a Request For Proposals (RFP #269-2017-028) for Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services dated January 25, 2017. This Request for Proposals together with all attachments and addenda, is referred to herein as the "RFP"; and
WHEREAS, the Company submitted a Proposal in response to RFP #269-2017-028 on March 16, 2017. This Proposal, together with all attachments and separately sealed confidential trade secrets, is referred to herein as the "Proposal" and is incorporated into this Contract by reference.

WHEREAS, the City awarded this Contract on May 8, 2017 to Company to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services to the City all in accordance with the terms and conditions set forth herein.

WHEREAS, the City of Charlotte, on behalf of itself and all states, local governments, school districts and higher ednr.atinn institutions in the iInited States of America, and other government agencies and nonprofit organizations (herein "Participating Public Agencies"), competitively solicited and awarded the Contract to the Company. The City has designated U.S. Communities as the administrative and marketing conduit for the distribution of the Contract to Participating Public Agencies.

The City is acting as the "Contracting Agent" for the Participating Public Agencies, and shall not be liable or responsible for any costs, damages, liability or other obligations incurred by the Participating Public Agencies. The Company (including its subsidiaries) shall deal directly with each Participating Public Agency concerning the placement of orders, issuance of purchase orders, contractual disputes, invoicing, payment and all other matters relating or referring to such Participating Public Agency's access to the Contract.

Each Participating Public Agency enters into a Master Intergovernmental Cooperative Purchasing Agreement (MICPA) outlining the terms and conditions that allow access to the Lead Public Agencies' Master Agreements. Under the terms of the MICPA, the procurement by the Participating Public Agency shall be construed to be in accordance with, and governed by, the laws of the state in which the Participating Public Agency resides.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the covenants and representations contained herein, the parties agree as follows:
1 Contract No. 2017001134
Vendor No. 121531

CONTRACT

1. EXHIBITS.

The Exhibits below are hereby incorporated into and made a part of interpreting this Contract and resolving any ambiguities, the main body of take precedence over the Exhibits, and any inconsistency between the resolved in the order in which the Exhibits appear below. Each reference to Exhibits and Appendices shall be deemed to mean the Company.

EXHIBIT A: Discount Schedule, Price Lists, and Incentives EXHIBIT B:

EXHIBIT C:

EXHIBIT D:

EXHIBIT E:

EXHIBIT F:

EXHIBIT G:

Installation Fees
National Network of Distributors and Installers
Freight Rate Schedules
Product Warranties
Scope of Work
U.S. Communities Administrative Agreement
this Contract. In
this Contract will
Exhibits will be
GameTime in the

2. DEFINITIONS.

As used in this Contract, the following terms shall have the meanings set forth below:

Acceptance:

Affiliates:

Biodegradable:

Charlotte Business
Inclusion (CBI):

Charlotte Combined
Statistical Area (CSA):

City:

Company:

Company Project
Manager:

Contract:

Refers to receipt and approval by the City of a Deliverable or Service in accordance with the acceptance process and criteria in this Contract.

Refers to all departments or units of the City and all other governmental units, boards, committees or municipalities for which the City processes data or performs Services.

Refers to the ability of an item to be decomposed by bacteria or other living organisms.

Refers to the Charlotte Business Inclusion office of the City of Charlotte.

Refers to the Charlotte -Gastonia -Salisbury Combined
Statistical Area consisting of; (a) the North Carolina counties of Anson, Cabarrus, Cleveland, Gaston, Iredell, Lincoln,
Mecklenburg, Rowan, Stanly, and Union; and (b) the South Carolina counties of Chester, Lancaster, and York; a criteria used by Charlotte Business INClusion to determine eligibility to participate in the program.

Refers to the City of Charlotte, North Carolina.

Refers to a company that has been selected by the City to provide the Products and Services of this Contract.

Refers to a specified Company employee representing the best interests of the Company for this Contract.

Refers to a written agreement executed by the City and Company for all or part of the Services.
2 Contract No. 2017001134
Vendor No. 121531
Deliverables:

Refers to all tasks, reports, information, designs, plans, and other items that the Company is required to deliver to the City in connection with the Contract.

Documentation: Refers to all written, electronic, or recorded works that describe the use, functions, features, or purpose of the Deliverables or Services or any component thereof, and which are provided to the City by the Company or its subcontractors, including without limitation all end user manuals, training manuals, guides, program listings, data models, flow charts, and logic diagrams.

Environmentally Refers to Products that have a lesser or reduced effect on Preferable Products: human health and the environment when compared with competing Products that serves the same purpose. This
comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product.

Lead Public Agency: Refers to the City of Charlotte, North Carolina, Master Agreement: Refers to the Agreement that is made available by the Lead Public Agency after the successful completion of the competitive solicitation and selection process, wherein Participating Public Agencies may utilize the agreement to purchase Products and Services.

Minority Business
Enterprise/MBE:

Refers to a business enterprise that: (a) is certified by the State of North Carolina as a Historically Underutilized Business (HUB) within the meaning of N.C. Gen. Stat. § 143-128.4; (b) is at least fifty-one percent (51%) owned by one or more persons who are members of one of the following groups: African American or Black, Hispanic, Asian, Native American or American Indian; and (c) is headquartered in the Charlotte Combined Statistical Area.

MWSBE: Refers to SBEs, MBEs and WBEs, collectively.

Participating Public
Agency:

Products:

Services:

Refers to all states, local governments, school districts, and higher education institutions in the United States of American, and other governmental agencies and nonprofit organizations that elect to purchase Products and Services under the Master Agreement.

Refers to all Products that the Company agrees to provide to the City as part this Contract.

Refers to the Playground Equipment, Outdoor Fitness
Equipment, Surfacing, Site Accessories and Related Products and Services as requested in this RFP.
3 Contract No. 2017001134
Vendor No. 121531
Specifications and
Requirements:

Refers to all definitions, descriptions, requirements, criteria, warranties, and performance standards relating to the
Deliverables and Services that are set forth or referenced in: (i) this RFP, including any addenda; (ii) the Documentation; and (iii) any functional andlor technical specifications that are published or provided by the Company or its licensors or suppliers from time to time with respect to all or any part of the Deliverables or Services.

3. TERM. The initial term of this Contract will be for five (5) years from the Effective Date with an option to renew for two (2) additional two-year terms. This Contract may be extended only by a written amendment to the contract signed by both parties.

4. AGREEMENT TO PROVIDE PRODUCTS AND SERVICES.

4.1 The Company shall provide the Products and Services in accordance with the terms and conditions set forth in this Contract and the attached Exhibits when ordered from time to time by the City. Except as set forth Exhibit A, the prices set forth in Exhibit A constitute all charges payable by the City for the Products and Services, and all labor, materials, equipment, transportation, facilities, storage, information technology, permits, and licenses necessary for the Company to provide the Products and Services. The Company shall perform any Services for the City on site at the City's facilities in Charlotte, North Carolina, except as otherwise stated in this Contract or agreed in writing by the City.

4.2 Placement of Orders: A1I orders wilt be placed by personnel designated by the City on an as needed basis for the quantity required at the time during the term of the Contract.

5. OPTIONAL PRODUCTS AND SERVICES: The City may in its discretion purchase from the Company optional Products and Services beyond what is called for in the Specifications, provided that such purchase does not create unfairness so as to defeat the purpose of the bid statutes, and provided the City is authorized by law to make such purchases without a formal bid process.

6. DOCUMENTATION: the Company will provide for all products purchased under this contract written or electronic documentation that is complete and accurate, and sufficient to enable City employees with ordinary skills and experience to utilize such products for the purpose for which the City is acquiring them.

7. COMPENSATION. The City shall pay the company for the products and services delivered in compliance with the specifications at the prices set forth in Exhibit A. This amount constitutes the maximum fees and charges payable to the company in the aggregate under this contract and will not be increased except by a written amendment duly executed by both parties in compliance with the price adjustment provisions set forth in Exhibit c.

The company shall not be entitled to charge the City any prices, fees or other amounts that are not listed in Exhibit A.

8. PRICE ADJUSTMENT.
4 Contract No. 2017001134
Vendor No. 121531

8.1 The price(s) stated in this Contract shall remain firm through December 31, 2017.

Company may request price increases in writing, in accordance with the following terms:

8.1.1 Price increases shall only be allowed when justified in the City's sole discretion based on legitimate, bona fide increases in the cost of materials.

No adjustment shall be made to compensate the Company for inefficiency in operation, increase in labor costs, or for additional profit.

8.1.2 To obtain approval for a price increase, the Company shall submit a written request at least sixty (60) days prior to each calendar year during the term of the contract. All requests must be submitted to the Procurement Management Division representative, at the address listed below, together with written documentation sufficient to demonstrate that the increase is necessary based on a legitimate increase in the cost of materials. The request must state and fully justify the proposed price increase per unit over the price originally proposed.

City of Charlotte
M&FS Finance Office / Procurement Management
600 East Fourth Street
Charlotte, NC 28202

8.1.3 No proposed price increase shall be valid unless accepted by the City in writing. The City may approve such price increase for the remaining term of the Contract or for a shorter specified period, in the City's sole discretion. If the City rejects such price increase, the Company shall continue performance of the Contract.

8.1.4 If the City approves a price increase pursuant to this Section and the market fartnrc inatifying the increase chin an that the increase is tin 1nnger justified the City shall have the right to terminate the price increase and revert back to the prices that were in effect immediately prior to the increase. The Company shall notify the City in writing if the market factors on which the City granted the increase change such that the City's reasons for granting the increase longer apply.

8.2 If the Company's unit prices for any Products and/or Services should decrease, the Company shall provide the affected Products and/or -Services at the lower discounted price. The Company will provide the City with prompt written notice of all decreases in unit prices.

8.3 If a Product becomes unavailable, or if a new Product becomes available, the Company promptly will send the City a proposed revised version of Exhibit A.

The City reserves the right to add or delete items to this Contract if particular items should become discontinued or an upgraded item becomes available to the industry market. Any new or replacement items added may be subject to bid statute requirements. The City may also delete radio and communication equipment items included in this Contract if items are no longer needed or no longer issued as part of radios and communication equipment. At no additional cost to the City, the Company may substitute any Product or Service to be provided by the Company, if the substitute meets or exceeds the Specifications, is compatible with the City's operating environment and is of equivalent or better quality to the City. Any substitution will be reflected in a written signed change order. 5 Contract No. 2017001134
Vendor No. 121531

9. BILLING. Each invoice sent by the Company shall include all reports, information and data required by this Contract (including the Exhibits) necessary to entitle the Company to the requested payment. The Company shall send one (1) copy only of each invoice using one of the following options:

Option 1 — E-mail one copy of each invoice to cocapAcharlottenc.gov . Company shall not mail invoices that have been sent via e-mail.

Option 2 — Mail one copy of each invoice to:

City of Charlotte Accounts Payable
PO Box 37979
Charlotte, NC 28237-7979
Attn: (Insert Department)
The City is not tax exempt from sales tax. The Company shall include all applicable State and County sales taxes on the invoice and not combined with the cost of the goods.

Payment of invoices shall be due within thirty (30) days after the City has received all of the following: (a) an accurate, properly submitted invoice, (b) all reports due for the month covered by the invoice; and (c) any other information reasonably requested by the City to verify the charges contained in the invoice. Invoices must include state and local sales tax.

10. CONTRACT MONITORING: The City shall have the right to audit the Company's compliance with the terms and conditions of the Contract at such times as the City deems appropriate. Unless the City elects to terminate the Contract, the Company shall develop a written action plan to correct any Contract deficiency identified during these compliance audits, and shall submit such plan to the City within thirty (30) days of notification of non- compliance.

11. REPORTING: The Company shall provide such written reports of purchasing and expenditures as may be requested by the City from time to time, including without limitation any reports described in the Specifications.

12. AUDIT: During the term of the Contract and for a period of three (3) years after termination or expiration of this Contract for any reason, the City shall have the right to audit, either itself or through a third party, all books and records (including but not limited to the technical records) and facilities of the Company necessary to evaluate Company's compliance with the terms and conditions of the Contract or the City's payment obligations. The City shall pay its own expenses, relating to such audits, but shall not have to pay any expenses or additional costs of the Company. However, if non-compliance is found that would have cost the City in excess of $5,000 but for the audit, then the Company shall be required to reimburse the City for the cost of the audit.

13. GENERAL WARRANTIES. Company represents and warrants that:

13.1 It is a corporation duly incorporated, validly existing and in good standing under the laws of the state of Alabama, and is qualified to do business in North Carolina;

13.2 It has all the requisite corporate power and authority to execute, deliver and perform its obligations under this Contract;

13.3 The execution, delivery, and performance of this Contract have been duly authorized by Company;
6 Contract No. 2017001134
Vendor No. 121531

13.4 No approval, authorization or consent of any governmental or regulatory authority is required to be obtained or made by it in order for it to enter into and perform its obligations under this Contract;

13.5 In connection with its obligations under this Contract, it shall comply with all applicable federal, state and local laws and regulations and shall obtain all applicable permits and licenses; and

13.6 The Company shall not violate any agreement with any third party by entering into or performing this Contract.

14. ADDITIONAL REPRESENTATIONS AND WARRANTIES. Company represents warrants and covenants that:

14.1 The Products and Services shall comply with all requirements set forth in this Contract, inchiding but not limited to the attached Exhibits;

14.2 All work performed by the Company and/or its subcontractors pursuant to this Contract shall meet industry accepted standards, and shall be performed in a professional and workmanlike manner by staff with the necessary skills, experience and knowledge;

14.3 Neither the Services, nor any Products provided by the Company under this Contract will infringe or misappropriate any patent, copyright, trademark or trade secret rights of any third party; and

14.4 The Company and each of its subcontractors have complied and shall comply in all material respects with all applicable federal, state and local laws, regulations and guidelines relating to the performance of this Contract or to the products and services delivered hereunder, including but not limited to E -Verify, and shall obtain all applicable verifications, permits, and licenses.

15. COMPLIANCE WITH LAWS: All Products and Services delivered under this Contract shall be in compliance with all applicable federal, state and local laws, regulations and ordinances. In performing the Contract, the Company shall obtain and maintain all licenses and permits, and comply with all federal, state and local laws, regulations and ordinances.

16. DELIVERY TIME: When delivery time is requested in the RFP, (whether in the form of a specific delivery date or maximum number of days for delivery) time is of the essence.

The Company's Bid shall be deemed a binding commitment of the Company to meet the delivery time stated herein unless the Bid specifically takes exception. If such delivery time is not met, the City shall be entitled to terminate the Contract immediately for default and/or exercise any other remedies available at law or in equity.

17. QUALITY. Unless this Contract specifically states otherwise for a particular item, all components used to manufacture or construct any supplies, materials or equipment or Products provided under this Contract shall be: (a) new; (b) the latest model; (c) of the best quality and highest grade workmanship; and (d) in compliance with all applicable federal, state and local laws, regulations and requirements. By "new", the City means that the item has been recently produced and has not been previously sold or used.

Whenever this Contract states that a Product or Service shall be in accordance with laws, ordinances, building codes, underwriter's codes, applicable A.S.T.M. regulations or similar expressions, the requirements of such laws, ordinances, etc., shall be construed to be minimum requirements that are in addition to any other requirements that may be stated in this Contract.
7 Contract No. 2017001134
Vendor No. 121531

18. DESIGN AND/OR MANUFACTURER REQUIREMENT: All Products and Services shall meet the Specifications set forth in Section 4 of the RFP.

19. INSPECTION AT COMPANY'S SITE: The City reserves the right to inspect the equipment, plant, store or other facilities of the Company during the Contract term from time to time as the City deems necessary to confirm that such equipment, plant, store or other facilities conform with the Specifications and are adequate and suitable for proper and effective performance of the Contract. Such inspections shall be conducted during normal business hours and upon at least three (3) days' notice to the Company (except that a store may be inspected at any time during regular store hours without notice),

20. PREPARATION FOR DELIVERY:

20.1 Condition and Packaging. All containers/packaging shall be suitable for handling, storage or shipment, without damage to the contents. The Company shall make shipments using the minimum number of containers consistent with the requirements of safe transit, available mode of transportation routing. The Company will be responsible for confirming that packing is sufficient to assure that all the materials arrive at the correct destination in an undamaged condition ready for their intended use.

20.2 Marking. All cartons shall be clearly identified with the City purchase order number and the name of the department making the purchase. Packing lists must be affixed to each carton identifying all contents included in the carton. If more than one carton is shipped, each carton must be numbered and must state the number of that carton in relation to the total number of cartons shipped (i.e. 1 of 4, 2 of 4, etc).

20.3 Shipping. The Company shall follow all shipping instructions included in the ITB, the City's purchase order or in the Contract.

21. ACCEPTANCE OF PRODUCTS/SERVICES: The Products delivered under this Contract shall remain the property of the Company until the City physically inspects, actually uses and accepts the Products. In the event Products provided to the City do not comply with the Contract, the City shall be entitled to terminate the Contract upon written notice to the Company and return such Products (and any related goods) to the Company at the Company's expense. In the event the Services provided under this Contract do not comply with the Contract, the City reserves the right to cancel the Service and rescind any related purchase of products upon written notice to the Company. The remedies stated in this Section are in addition to and without limitation of any other remedies that the City may have under the Contract, at law or in equity.

22. GUARANTEE: Unless otherwise specified by the City, the Company unconditionally guarantees the materials and workmanship on all Products and Services. If, within the guarantee period any defects occur due to a faulty Product or Services (including without limitation a failure to comply with the Specifications), the Company at its expense, shall repair or adjust the condition, or replace the Product and/or Services to the complete satisfaction of the City. These repairs, replacements or adjustments shall be made only at such time as will be designated by the City to ensure the least impact to the operation of City business.

23. NO LIENS: All Products shall be delivered and shall remain free and clear of all liens and encumbrances.

24. MANUFACTURER OR DEALER ADVERTISEMENT: No manufacturer or dealer shall advertise on Products delivered to the City without prior approval by the City. 8 Contract No. 2017001134
Vendor No. 121531

25. RIGHT TO COVER: If the Company fails to comply with any term or condition of the Contract or the Company's response to the ITB, the City may take any of the following actions with or without terminating the Contract, and in addition to and without limiting any other remedies it may have:
(A) Employ such means as it may deem advisable and appropriate to obtain the applicable Products and/or Services (or reasonable substitutes) from a third party; and
(B) Recover from the Company the difference between what the City paid for such Products and/or Services on the open market and the price of such Products and/or Services under the Contract or the Company's response to the ITB.

26. RIGHT TO WITHHOLD PAYMENT: If Company breaches any provision of the Contract the City shall have the right to withhold all payments due to the Company until such breach has been fully cured.

27. OTHER REMEDIES: Upon breach of the Contract, each party may seek all legal and equitable remedies to which it is entitled. The remedies set forth herein shall be deemed cumulative and not exclusive and may be exercised successively or concurrently, in addition to any other available remedy.

28. TERMINATION.

29.1 TERMINATION WITHOUT CAUSE. The City may terminate this Contract at any time without cause by giving sixty (60) days written notice to the Company. The Company may terminate this Contract at any time without cause by giving one hundred and eighty (180) days written notice to the City.

29.2 TERMINATION FOR DEFAULT BY EITHER PARTY. By giving written notice to the other party, either party may terminate this Contract upon the occurrence of one or more of the following events:

29.2.1 The other party violates or fails to perform any covenant, provision, obligation, term or condition contained in this Contract, provided that, unless otherwise stated in this Contract, such failure or violation shall not be cause for termination if both of the following conditions are satisfied: (i) such default is reasonably susceptible to cure; and (ii) the other party cures such default within thirty (30) days of receipt of written notice of default from the non -defaulting party; or

29.2.2 The other party attempts to assign, terminate or cancel this Contract contrary to the terms hereof; or

29.2.3 The other party ceases to do business as a going concern, makes an assignment for the benefit of creditors, admits in writing its inability to pay debts as they become due, files a petition in bankruptcy or has an involuntary bankruptcy petition filed against it (except in connection with a reorganization under which the business of such party is continued and performance of all its obligations under this Contract shall continue), or if a receiver, trustee or liquidator is appointed for it or any substantial part of other party's assets or properties.

Any notice of default pursuant to this Section shall identify and state the party's intent to terminate this Contract if the default is not cured within the specified period.
9 Contract No. 2017001134
Vendor No. 121531

29.3 ADDITIONAL GROUNDS FOR DEFAULT TERMINATION BY THE CITY. By giving written notice to the Company, the City may also terminate this Contract upon the occurrence of one or more of the following events (which shall each constitute grounds for termination without a cure period- and without the occurrence of any of the other events of default previously listed);

29.3.1 The Company makes or allows to be made any material written misrepresentation or provides any materially misleading written information in connection with this Contract, Company's Bid, or any covenant, agreement, obligation, term or condition contained in this Contract; or

29.3.2 The Company takes or fails to take any action which constitutes grounds for immediate termination under the terms of this Contract, including but not limited to failure to obtain or maintain the insurance policies and endorsements as required by this Contract, or failure to provide the proof of insurance as required by this Contract.

29.4 NO EFFECT ON TAXES, FEES, CHARGES, OR REPORTS. Any termination of the Contract shall not relieve the Company of the obligation to pay any fees, taxes or other charges then due to the City, nor relieve the Company of the obligation to file any daily, monthly, quarterly or annual reports covering the period to termination nor relieve the Company from any claim for damages previously accrued or then accruing against the Company.

29.5 OBLIGATIONS UPON EXPIRATION OR TERMINATION. Upon expiration or termination of this Contract, the Company shall promptly (a) return to the City all computer programs, files, documentation, data, media, related material and any other recording devices, information, or compact discs that are owned by the City; (b) provide the City with sufficient data necessary to migrate to a new vendor, or allow the City or a new vendor access to the systems, software, infrastructure, or processes of the Company that are necessary to migrate to a new vendor; and (c) refund to the City all pre -paid sums for Products or Services that have been cancelled and will not be delivered.

29.6 NO SUSPENSION. In the event that the City disputes in good faith an allegation of default by the Company, notwithstanding anything to the contrary in this Contract, the Company agrees that it will not terminate this Contract or suspend or limit the delivery of Products or Services or any warranties or repossess, disable or render unusable any Software supplied by the Company, unless (i) the parties agree in writing, or (ii) an order of a court of competent jurisdiction determines otherwise.

29.7 AUTHORITY TO TERMINATE. The City Manager or their designee is authorized to terminate this Contract on behalf of the City.

29.8 TRANSITION SERVICES UPON TERMINATION. Upon termination or expiration of this Contract, the Company shall cooperate with the City to assist with the orderly transfer of the Products, Services, functions and operations provided by the Company hereunder to another provider or to the City as determined by the City in its sole discretion. The transition services that the Company shall perform if requested by the City include but are not limited to:

29.8.1 Working with the City to jointly develop a mutually agreed upon transition services plan to facilitate the termination of the Services; and 10 Contract No. 2017001134
Vendor No. 121531

29.8.2 Notifying all affected vendors and subcontractors of the Company of transition activities;

29.8.3 Performing the transition service plan activities;

29.8.4 Answering questions regarding the products and services on an as -needed basis; and

29.8.5 Providing such other reasonable services needed to effectuate an orderly transition to a new system.

29. NO DELAY DAMAGES: Under no circumstances shall the City be liable to the Company for any damages arising from delay, whether caused by the City or not.

30. MULTIPLE CONTRACT AWARDS. This Contract is not exclusive. The City reserves the right to award multiple contracts for the Products and Services required by this Contract if the City deems multiple Contracts to be in the City's best interest.

31. RELATIONSHIP OF THE PARTIES. The relationship of the parties established by this Contract is solely that of independent contractors, and nothing contained in this Contract shall be construed to (i) give any party the power to direct or control the day-to-day activities of the other; (ii) constitute such parties as partners, joint ventures, co -owners or otherwise as participants in a joint or common undertaking; (iii) make either party an agent of the other for any purpose whatsoever, or (iv) give either party the authority to act for, bind, or otherwise create or assume any obligation on behalf of the other. Nothing herein shall be deemed to eliminate any fiduciary duty on the part of the Company to the City that may arise under law or under the terms of this Contract.

32. INDEMNIFICATION: To the fullest extent permitted by law, the Company shall indemnify, defend and hold harmless each of the "Indemnitees" (as defined below) from and against any and all "Charges" (as defined below) paid or incurred any of them as a result of any claims. demands, lawsuits, actions. or proceedings: (i) alleging violation, misappropriation or infringement of any copyright, trademark, patent, trade secret or other proprietary rights with respect to the Work or any Products or deliverables provided to the City pursuant to this Contract ("Infringement Claims"); (ii) seeking payment for labor or materials purchased or supplied by the Company or its subcontractors in connection with this Contract; or (iii) arising from the Company's failure to perform its obligations under this Contract, or from any act of negligence or willful misconduct by the Company or any of its agents, employees or subcontractors relating to this Contract, including but not limited to any liability caused by an accident or other occurrence resulting in bodily injury, death, sickness or disease to any person(s) or damage or destruction to any property, real or personal, tangible or intangible; or (iv) arising from a violation of any federal, state or local law, regulation or ordinance by the Company or any its subcontractors (including without limitation E -Verify or other immigration laws); or (v) arising from any claim that the Company or an employee or subcontractor of the Company is an employee of the City, including but not limited to claims relating to worker's compensation, failure to withhold taxes and the like. For purposes of this Section: (a) the term "Indenmitees" means the City and each of the City's officers, officials, employees, agents and independent contractors (excluding the Company); and (b) the term "Charges" means any and all losses, damages, costs, expenses (including reasonable attorneys' fees), obligations, duties, fines, penalties, royalties, interest charges and other liabilities (including settlement amounts) or any other legal theory or principle, in connection with an Infringement Claim.

This indemnification requirement is not intended to cover, and the Company is not responsible for, any damages that result from lack of maintenance; inadequate supervision; 11 Contract No. 2017001134
Vendor No. 121531
negligence; intentional misconduct of anyone other than the Company, it's subcontractors, or their affiliates; inadequate surfacing that was not provided by or recommended by the Company, its subcontractors, or their affiliates; or vandalism.

It is the intent of any insurance provided by Company to protect the Company and any subcontractor performing work under the Contract for
(1) Product liability Claims arising solely from the negligent design or manufacture of the Playground Equipment when such goods and services are provided by the Company, Company's subcontractors, or their affiliates pursuant to this Contract; (2) Claims arising from any act of negligence or wilful misconduct by the Company or any of its agents, employees or subcontractors relating to this Contract, including but not limited to any liability caused by an accident or other occurrence resulting in bodily injury, death, sickness or disease to any person(s) or damage or destruction to any property, real or personal, tangible or intangible; and (3) Claims relating to worker's compensation for any employee or subcontractor of the Company;
This clarifies and supersedes any other section of the Contract concerning indemnification that could be interpreted otherwise.

33. INSURANCE. Throughout the term of the Contract, the Company shall comply with the insurance requirements described in this Section. In the event the Company fails to procure and maintain each type of insurance required by this Section, or in rhe event the Company fails to provide the City with the required certificates of insurance, the City shall be entitled to terminate the Contract immediately upon written notice to the Company.

The Company agrees to purchase and maintain the following insurance coverage during the life of the Contract with an insurance company acceptable to the City of Charlotte, authorized to do business in the State of North Carolina:
(A) Automobile Liability: Bodily injury and property damage liability covering all owned, non -owned, and hired automobiles for limits of not less than $1,000,000 bodily injury each person, each accident; and, $1,000,000 property damage, or $1,000,000 combined single limit each occurrence/aggregate. (B) Commercial General Liability: Bodily injury and property damage liability as shall protect the Company and any subcontractor performing work under the Contract from claims of bodily injury or property damage which arise from performance of the Contract, whether such work is performed by the Company, any subcontractor or anyone directly or indirectly employed by either. The amounts of such insurance shall not be less than $1,000,000 bodily injury each occurrence/aggregate and $1,000,000 property damage each occurrence/aggregate or $1,000,000 bodily injury and property damage combined single limits each occurrence/aggregate. This insurance shall include coverage for products, services, completed operations, personal injury liability and contractual liability assumed under the indemnity provision of the Contract. (C) Workers' Compensation: Meeting the statutory requirements of the State of North Carolina and Employers Liability - $100,000 per accident limit, $500,000 disease per policy limit, $100,000 disease each employee limit, providing coverage for employees and owners.

The City shall be named as additional insured during and until completion of the work under the commercial general liability insurance for operations or services rendered under 12 Contract No. 2017001134
Vendor No, 121531
this Contract. The Company's insurance shall be primary of any self -funding and/or insurance otherwise carried by the City for all loss or damages arising from the Consultant's operations under this agreement. The Company and each of its subcontractors shall and does waive all rights of subrogation against the City and each of the Indemnitees, as defined in Section 5.1.

The Company shall not commence any work in connection with the Contract until it has obtained all of the types of insurance set forth in this Form, and such insurance has been approved by the City. The Company shall not allow any subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and approved.

All insurance policies shall be with insurers qualified and doing business in North Carolina recognized by the Secretary of State and the Insurance Commissioner's Office. The Company shall furnish the City with proof of insurance coverage by certificates of insurance accompanying the Contract.

All insurance certificates must include the City of Charlotte's contract number in the description field.

The City shall be exempt from, and in no way liable for any sums of money that may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Company and/or subcontractor providing such insurance.

Since the playground and the play equipment will be in the care, custody, and control of the end user following installation, it is understood the Company cannot additionally insure the eventual owners of the equipment for any damages that result from:
1) lack of maintenance for which the Company or its subcontractors are not contractually obligated to perform, where such lack of maintenance is not as a result of instructions or manuals provided by the Company or its subcontractors ; 2) inadequate supervision;
3) Negligence (other than negligence of the Company or its subcontractors); 4) intentional acts of anyone other than the Company, its subcontractors or their affiliates;
5) inadequate surfacing that was not provided by or recommended by the Company, its subcontractors, or their affiliates; or
6) vandalism.

34. COMMERCIAL NON-DISCRIMINATION.

As a condition of entering into this Contract, the Company represents and warrants that it will fully comply with the City's Commercial Non -Discrimination Policy, as described in Section 2, Article V of the Charlotte City Code, and consents to be bound by the award of any arbitration conducted thereunder. As part of such compliance, the Company shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, age or disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors or suppliers in connection with a City contract or contract solicitation process, nor shall the Company retaliate against any person or entity for reporting instances of such discrimination. The Company shall provide equal opportunity for subcontractors, vendors and suppliers to participate in all of its subcontracting and supply opportunities on City contracts, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in the marketplace. The Company understands and agrees that a violation of this 13 Contract No. 2017001134
Vendor No. 121531
clause shall be considered a material breach of this Contract and may result in termination of this Contract, disqualification of the Company from participating in City contracts or other sanctions.

As a condition of entering into this Contract, the Company agrees to: (a) promptly provide to the City in a format specified by the City all information and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors in connection with this Contract; and (b) if requested, provide to the City within sixty days after the request a truthful and complete list of the names of all subcontractors, vendors, and suppliers that the Company has used on City contracts in the past five years, including the total dollar amount paid by the Company on each subcontract or supply contract. The Company further agrees to fully cooperate in any investigation conducted by the City pursuant to the City's Non -Discrimination Policy, to provide any documents relevant to such investigation that are requested by the City, and to be bound by the award of any arbitration conducted under such Policy.

The Company agrees to provide to the City from time to time on the City's request, payment affidavits detailing the amounts paid by the Company to subcontractors and suppliers in connection with this Contract within a certain period of time. Such affidavits shall be in the format specified by the City from time to time The Company understands and agrees that violation of this Commercial Non - Discrimination provision shall be considered a material breach of this Contract and may result in contract termination, disqualification of the Company from participating in City contracts and other sanctions.

35. COMPANY WILL NOT SELL OR DISCLOSE DATA. The Company will treat as confidential information all data provided by the City in connection with this agreement.

City data processed by the Company shall remain the exclusive property of the City. The Company will not reproduce, copy, duplicate, disclose, or in any way treat the data supplied by the City in any manner except that contemplated by this agreement.

36. WORK ON CITY'S PREMISES. The Company will ensure that its employees and agents shall, whenever on the City's premises, obey all instructions and directions issued by the City's project manager with respect to work on the City's premises. The Company agrees that its personnel and the personnel of its subcontractors will comply with all rules, regulations and security procedures of the City when on the City's premises.

37. BACKGROUND CHECKS: The Company agrees that it has conducted or will conduct background checks on all personnel who will be working at the Charlotte service facility or delivering Products or Services under the Contract, The Company will conduct such background checks prior to the personnel commencing work hereunder, whether as part of the Company's standard pre -employment screening practices or otherwise. The Company will complete a background check on an annual basis for each person working at the Charlotte facility. Background check will include at a minimum:
a. Criminal records search,
b. Identification verification; and
c. Proof of authorization to work in the United States.

The Company agrees if any personnel does not meet the background qualifications, he/she shall not be assigned to perform services under this Contract. The Company will notify the City immediately if a background check reveals any conviction(s). If there is any question 14 Contract No. 2017001134
Vendor No. 121531
as to whether any personnel meets the background qualifications, prior to assignment of any Services under this Contract, the Company shall contact the City imtnediately.

38. DRUG -FREE WORKPLACE. The City is a drug -free workplace employer. The Company hereby certifies that it has or it will within thirty (30) days after execution of this Contract:

38.1 Notify employees that the unlawful manufacture, distribution, dispensation, possession, or use of controlled substance is prohibited in the workplace and specifying actions that will be taken for violations of such prohibition;

38.2 Establish a drug -free awareness program to inform employees about (i) the dangers of drug abuse in the workplace, (ii) the Company's policy of maintaining a drug -free workplace, (iii) any available drug counseling, rehabilitation, and employee assistance programs, and (iv) the penalties that may be imposed upon employees for drug abuse violations;

38.3 Notify each employee that as a condition of employment, the employee will (i) abide by the terms of the prohibition outlines in (a) above, and (ii) notify the Company of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction;

38.4 Impose a sanction on, or requiring the satisfactory participation in a drug counseling, rehabilitation or abuse program by an employee convicted of a drug crime;

38.5 Make a good faith effort to continue to maintain a drug -free workplace for employees; and

38.6 Require any party to which it subcontracts any portion of the work under the contract to comply with the provisions of this Section.

A false certification or the failure to comply with the above drug -free workplace requirements during the performance of this Contract shall be ground for suspension, termination or debarment.

39. NOTICES. Any notice, consent or other communication required or contemplated by this Contract shall be in writing, and shall be delivered in person, by U.S. mail, by overnight courier, by electronic mail or by telefax to the intended recipient at the address set forth below. Notice shall be effective upon the date of receipt by the intended recipient; provided that any notice which is sent by telefax or electronic mail shall also be simultaneously sent by mail deposited with the U.S. Postal Service or by overnight courier.

Each party may change its address for notification purposes by giving the other party written notice of the new address and the date upon which it shall become effective.

Communications that relate to any breach, default, termination, delay in performance, prevention of performance, modification, extension, amendment, or waiver of any provision of this Contract shall be sent to:

For The Company:

For The City:

Donald R. King
Karen Ewing
PlayCore Wisconsin, Inc. d/b/a Gametime
Procurement Management Division
150 Playcore Drive SE
600 East Fourth Street
Fort Payne, Alabama 35967
Charlotte, NC 28202
Phone: 423.648.5891
Phone: 704.336.2992
Fax: 423.648.5903
Fax: 704.632.8254
E-mail: [email protected]
E-mail: kewing�acharlottenc.gov
15 Contract No. 2017001134
Vendor No. 121531
With Copy To:

With Copy To:

Cindy White
Senior Assistant City Attorney
600 East Fourth Street
Charlotte, NC 28202
Phone: 704-336-3012
Fax: 704-336-8854
E-mail: cwt._ ci. harlotte.nc_us
All other notices shall be sent to the other party's Project Manager at the most recent address provided in writing by the other party.

40. SUBCONTRACTING: The Company shall not subcontract any of its obligations under this Contract without the City's prior written consent. In the event the City does consent in writing to a subcontracting arrangement, Company shall be the prime contractor and shall remain fully responsible for performance of all obligations which it is required to perform under this Contract. Any subcontract entered into by Company shall name the City as a third party beneficiary.

41. FORCE MAJEURE: Neither party shall be liable for any failure or delay in the performance of its obligations pursuant to the Contract, and such failure or delay shall not be deemed a default of the Contract or grounds for termination hereunder if all of the following conditions are satisfied:

If such failure or delay:

A. could not have been prevented by reasonable precaution; B. cannot reasonably be circumvented by the non -performing party through the use of alternate sources, work -around plans, or other means; and C. if, and to the extent, such failure or delay is caused, directly or indirectly, by fire, flood, earthquake, hurricane, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions or court order.

An event that satisfies all of the conditions set forth above shall be referred to as a "Force Majeure Event." Upon the occurrence of a Force Majeure Event, the affected party shall be excused from any further performance of those of its obligations which are affected by the Force Majeure Event for as long as (a) such Force Majeure Event continues and (b) the affected party continues to use reasonable efforts to recommence performance whenever and to whatever extent possible without delay.

Upon the occurrence of a Force Majeure Event, the affected party shall promptly notify the other by telephone (to be confirmed by written notice within five (5) days of the inception of the failure or delay) of the occurrence of a Force Majeure Event and shall describe in reasonable detail the nature of the Force Majeure Event. If any Force Majeure Event prevents the Company from performing its obligations for more than fifteen (15) days, the City shall have the right to terminate the Contract by written notice to the Company.

Notwithstanding anything contained herein to the contrary, strikes, slow -downs, walkouts, lockouts, and industrial disputes of the Company or its subcontractors shall not constitute "Force Majeure Events" and are not excused under this provision. Nothing in the preceding Force Majeure provisions shall relieve the Company of any obligation it may have regarding disaster recovery, whether under the Contract or at law. 42 CONFIDENTIALITY.
16 Contract No. 2017001134
Vendor No. 121531

42.1 DEFINITIONS. As used in this Contract, The term "Confidential Information" shall mean any information, in any medium, whether written, oral or electronic, not generally known in the relevant trade or industry, that is obtained from the City or any of its suppliers, contractors or licensors which falls within any of the following general categories:

42.2 Trade secrets. For purposes of this Contract, trade secrets consist of information of the City or any of its suppliers, contractors or licensors: (a) that derives value from being secret; and (b) that the owner has taken reasonable steps to keep confidential. Examples of trade secrets include information relating to proprietary software, new technology, new products or services, flow charts or diagrams that show how things work, manuals that tell how things work and business processes and procedures.

42.3 Information of the City or its suppliers, contractors or licensors marked "Confidential" or "Proprietary."

42.4 Information relating to criminal investigations conducted by the City, and records of criminal intelligence information compiled by the City.

42.5 Information contained in the City's personnel files, as defined by N.C. Gen. Stat. 160A-168. This consists of all information gathered by the City about employees, except for that information which is a matter of public record under North Carolina law.

42.6 Citizen or employee social security numbers collected by the City.

42.7 Computer security information of the City, including all security features of electronic data processing, or information technology systems, telecommunications networks and electronic security systems. This encompasses but is not limited to passwords and security standards. procedures, processes, configurations, software and codes.

42.8 Local tax records of the City that contains information about a taxpayer's income or receipts.

42.9 Any attorney / client privileged information disclosed by either party.

42.10 Any data collected from a person applying for financial or other types of assistance, including but not limited to their income, bank accounts, savings accounts, etc.

42.11 The name or address of individual home owners who, based on their income, have received a rehabilitation grant to repair their home.

42.12 Building plans of City -owned buildings or structures, as well as any detailed security plans.

42.13 Billing information of customers compiled and maintained in connection with the City providing utility services

42.14 Other information that is exempt from disclosure under the North Carolina public records laws.

Categories 42.1 through 42.13 above constitute "Highly Restricted Information," as well as Confidential Information. The Company acknowledges that certain Highly Restricted Information is subject to legal restrictions beyond those imposed by this Contract, and agrees that: (a) all provisions in this Contract 17 Contract No. 2017001134
Vendor No. 121531
applicable to Confidential Information shall apply to Highly Restricted Information; and (b) the Company will also comply with any more restrictive instructions or written policies that may be provided by the City from time to time to protect the confidentiality of Highly Restricted Information.

The parties acknowledge that in addition to information disclosed or revealed after the date of this Contract, the Confidential Information shall include information disclosed or revealed within one year prior to the date of this Contract.

43. RESTRICTIONS. Company shall keep the Confidential Information in the strictest confidence, in the manner set forth below:

43.1 Company shall not copy, modify, enhance, compile or assemble (or reverse compile or disassemble), or reverse engineer Confidential Information, except as authorized by the City in writing,

43.2 Company shall not, directly or indirectly, disclose, divulge, reveal, report or transfer Confidential Information to any third party, other than an agent, subcontractor or vendor of the City or Company having a need to know such Confidential Information for purpose of performing work contemplated by written agreements between the City and the Company, and who has executed a confidentiality agreement incorporating substantially the form of this the Contract. Company shall not directly or indirectly, disclose, divulge, reveal, report or transfer Highly Restricted to any third party without the City's prior written consent.

43.3 Company shall not use any Confidential Information for its own benefit or for the benefit of a third party, except to the extent such use is authorized by this Contract or other written agreements between the parties hereto, or is for the purpose for which such Confidential Information is being disclosed.

43.4 Company shall not remove any proprietary legends or notices, including copyright notices, appearing on or in the Confidential Information. 43,5 Company shall use reasonable efforts (including but not limited to seeking injunctive relief where reasonably necessary) to prohibit its employees, vendors, agents and subcontractors from using or disclosing the Confidential Information in a manner not permitted by this Contract.

43.6 In the event that any demand is made in litigation, arbitration or any other proceeding for disclosure of Confidential Information, Company shall assert this Contract as a ground for refusing the demand and, if necessary, shall seek a protective order or other appropriate relief to prevent or restrict and protect any disclosure of Confidential Information.

43.7 All materials which constitute, reveal or derive from Confidential Information shall be kept confidential to the extent disclosure of such materials would reveal Confidential Information, and unless otherwise agreed, all such materials shall be returned to the City or destroyed upon satisfaction of the purpose of the disclosure of such information.

43.8 Company shall restrict employee access to the Confidential Information to those employees having a need to know for purposes of their jobs. 18 Contract No. 2017001134
Vendor No. 121531

43.9 Company shall take reasonable measures to prevent the use or disclosure of Confidential Information by its employees in a manner not permitted by this Contract. The Company shall have each of its employees who will have access to the Confidential Information sign a confidentiality agreement which provides the City and its vendors, licensors, subcontractors, employees and taxpayers the same level of protection as provided by this Contract.

44. EXCEPTIONS. The City agrees that Company shall have no obligation with respect to any Confidential Information that the Company can establish:

44.1 Was already known to Company prior to being disclosed by the City;

44.2 Was or becomes publicly known through no wrongful act of Company;

44.3 Was rightfully obtained by Company from a third party without similar restriction and without breach hereof;

44.4 Was used or disclosed by Company with the prior written authorization of the City;

44.5 Was disclosed pursuant to the requirement or request of a governmental agency, which disclosure cannot be made in confidence, provided that, in such instance, Company shall first give to the City notice of such requirement or request;

44.6 Was disclosed pursuant to the order of a court of competent jurisdiction or a lawfully issued subpoena, provided that the Company shall take reasonable steps to obtain an agreement or protective order providing that this Contract will be applicable to all disclosures under the court order or subpoena.

45. MISCELLANEOUS

45.1 ENTIRE AGREEMENT. This Contract, including all Exhibits and Attachments GV11J L1LULG L11G G1AliG 4gIGe1LlGlll UGLW GGU L11G 1141 LIGJ with 1GSpGla LV L11G i.iujccL matter herein. There are no other representations, understandings, or agreements between the parties with respect to such subject matter. This Contract supersedes all prior agreements, negotiations, representations and proposals, written or oral.

Notwithstanding the forgoing, the parties agree that the ITB and the Bid are relevant in resolving any ambiguities that may exist with respect to the language of this Contract

45.2 AMENDMENT. No amendment or change to this Contract shall be valid unless in writing and signed by the party against whom enforcement is sought. Amendments that involve or increase in the amounts payable by the City may require execution by a Department Director, the City Manager, or an Assistant City Manager; depending on the amount. Some increases may also require approval by City Council.

45.3 GOVERNING LAW AND JURISDICTION. North Carolina law shall govern the interpretation and enforcement of this Contract, and any other matters relating to this Contract (all without regard to North Carolina conflicts of law principles). All legal actions or other proceedings relating to this Contract shall be brought in a state or federal court sitting in Mecklenburg County, North Carolina. By execution of this Contract, the parties submit to the jurisdiction of such courts and hereby irrevocably waive any and all objections which they may have with respect to venue in any court sitting m Mecklenburg County, North Carolina. 19 Contract No. 2017001134
Vendor No. 121531

45.4 BINDING NATURE AND ASSIGNMENT. This Contract shall bind the parties and their successors and permitted assigns. Neither party may assign this Contract without the prior written consent of the other. Any assignment attempted without the written consent of the other party shall be void. For purposes of this Section, a Change in Control, as defined in Section 42.8 constitutes an assignment.

45.5 SEVERABILITY. The invalidity of one or more of the phrases, sentences, clauses or sections contained in this Contract or the Exhibits shall not affect the validity of the remaining portion of this Contract or Exhibits so long as the material purposes of this Contract can be determined and effectuated. If any provision of this Contract or Exhibit is held to be unenforceable, then both parties shall be relieved of all obligations arising under such provision, but only to the extent that such provision is unenforceable, and this Contract shall be deemed amended by modifying such provision to the extent necessary to make it enforceable while preserving its intent.

45.6 NO PUBLICITY. No advertising, sales promotion or other materials of the Company or its agents or representations may identify or reference this Contract or the City in any manner without the prior written consent of the City.

Notwithstanding the forgoing, the parties agree that the Company may list the City as a reference in responses to requests for proposals, and may identify the City as a customer in presentations to potential customers.

45.7 WAIVER. No delay or omission by either party to exercise any right or power it has under this Contract shall impair or be construed as a waiver of such right or power. A waiver by either party of any covenant or breach of this Contract shall not constitute or operate as a waiver of any succeeding breach of that covenant or of any other covenant. No waiver of any provision of this Contract shalt be effective unless in writing and signed by the party waiving the rights.

45.8 CHANGE IN CONTROL. In the event of a change in "Control" of the Company (as defined below), the City shall have the option of terminating this Contract by written notice to the Company. The Company shall notify the City within ten days of the occurrence of a change in control. As used in this Contract, the term "Control" shall mean the possession, direct or indirect, of either (i) the ownership of or ability to direct the voting of, as the case may be fifty-one percent (51%) or more of the equity interests, value or voting power in the Company or (ii) the power to direct or cause the direction of the management and policies of the Company whether through the ownership of voting securities, by contract or otherwise.

45.9 NO BRIBERY. The Company certifies that neither il, any of its atTliates or subcontractors, nor any employees of any of the forgoing has bribed or attempted to bribe an officer or employee of the City in connection with this Contract.

45.10 FAMILIARITY AND COMPLIANCE WITH LAWS AND ORDINANCES. The Company agrees to make itself aware of and comply with all local, state and federal ordinances, statutes, laws, rules and regulations applicable to the Services.

The Company further agrees that it will at all times during the term of this Contract be in compliance with all applicable federal, state and/or local laws regarding employment practices. Such laws will include, but shall not be limited to workers' compensation, the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and all OSHA regulations applicable to the work.
20 Contract No. 2017001134
Vendor No. 121531

45.11 TAXES. The Company shall pay all applicable federal, state and local taxes which may be chargeable against the Products and/or Services.

45.12 SURVIVAL OF PROVISIONS: Those Sections of the Contract and the Exhibits, which by their nature would reasonably be expected to continue after the termination of the Contract shall survive the termination of the Contract, including but not limited to the following:

Section 3 "Term"
Section 4.3 "Employment Taxes and Employee Benefits"
Section 13 "General Warranties"
Section 14 "Additional Representations and Warranties"
Section 22 "Guarantee"
Section 28 "Other Remedies"
Section 29 "Termination"
Section 33 "Insurance"
Section 34 "Indemnification"
Section 39 "Notices"
Section 42 "Confidentiality"
Section 45 "Miscellaneous"

45.13 NON -APPROPRIATION OF FUNDS. If City Council does not appropriate the funding needed by the City to make payments under this Contract for a given fiscal year, the City will not be obligated to pay amounts due beyond the end of the last fiscal year for which funds were appropriated. In such event, the City wiii promptly notify the Company of the non -appropriation and this Contract will be terminated at the end of the last fiscal year for which funds were appropriated. No act or omission by the City, which is attributable to non -appropriation of funds shall constitute a breach of or default under this Contract.

45.14 E -VERIFY. Company shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, and shall require each of its subcontractors to do so as well.

45.15 IRAN DIVESTMENT ACT. Company certifies that: (i) it is not identified on the Final Divestment List or any other list of prohibited investments created by the NC State Treasurer pursuant to N.C.G.S. 147-86.58; (ii) it will not take any action causing it to appear on any such list during the term of this Contract; and (iii) it will not utilize any subcontractor that is identified on any such list to provide goods or services hereunder.

45.16 PRE -AUDIT. No pre -audit certificate is required under N.C. Gen. Stat. 159-28(a) because this Contract is for an indefinite quantity with no minimum purchase requirement. Notwithstanding anything contained herein to the contrary, this Contract does not require the City to purchase a single product or service, and a decision by the City to not make any purchase hereunder will violate neither this Contract nor any implied duty of good faith and fair dealing. The City has no financial obligation under this Contract absent the City's execution of a valid and binding purchase order or contract addendum containing a pre -audit certificate." 21 Contract No. 2017001134
Vendor No, 121531

45.17 UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Contract, the Company agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter IL Pan 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards contained in Title 2 C.F. R. § 200 et seq.

45.18 COUNTERPARTS.

This Contract may be executed in any number of counterparts, all of which taken together shall constitute one single agreement between the parties. [Signature Page Follows]
22 CcIntract No. 2017001131
Vendor No. 121531
IN WITNESS WHEREOF, and in acknowledgment that the parties hereto have read and understood each and every provision hereof, the parties have caused this Contract to he executed on the date first written above.

PLAYC'ORk-4 ' tiCONNIN, INC. D/R/A GAMETIME:

IRYY1'
PRINT NAME: f o& P -T Y- 13A02°4
TITLE:

Senioe I/. i? of 5,41.15
DATE: 05 "OS"ZQ[7

CITY OF CHARLOTTE
CITY MANAGER'S OFFICE:

BY:
2 /7/
,ty• ••:.z�� r! BY:

CITY OF CHARLOTTE
RISK MANAGEMENT DIVISION:
2 1 /
PRINT NAME: f.•11F fte1flr; Pe-
/
TITLE: /'4 TITLE:

DATE: f//5// 7
DATE: J 1 I
PRINT NAME: Cif ti 5 Ire, art
23 Contract No. 2017001134
Vendor No. 121531

EXHIBIT C

NATIONAL NETWORK OF DISTRIBUTORS AND INSTALLERS
The following National Network of Distributors and Installers is an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the "Contract") between the City of Charlotte and Playcore Wisconsin, Inc. dib/a GameTime. 26 (GameTime)
PI 'CORE cpmpm+y
150 PlayCore Drive SE
Ft Payne, AL 35967
(800) 633-2394
0 Ck3z;:;.
®Q
HI
GameTime Sales Territories
Bitting Recreation, Inc.
1 PO Box 6445
Harrisburg, PA 17112-0445
PA Tel: (800) 248-8464
Fax: (717) 652-5826
Website: www.bittingrec.com
FL
GA
TN
Dominica Recreation
Products, Inc.

PO Box 520700
Longwood, FL 32752-0700
Tel: (800) 432-0162
Fax: (407) 331-4720
Website: www.drpinc.com
Ls)
Sinclair Recreation
128 E. Lakewood Blvd
Suite 40
MI Holland, MI 49424
IN Tel: (800) 444-4954
Fax: (616) 392.8634
Website: www.sinclair-rec.com
"--\ Cunningham Recreation
PO Box 240981
/ Charlotte, NC 28224
AR KS MO Tel: (800) 438-2780
NC OK SC Fax: (704) 525-7356
Website: www.cunninghamrec.com
VA WV
P)
CA ID
MT NV
UT WY
Great Western
Recreation
PO Box 97
Wellsville, UT 84339
Tel: (800) 453-2735
Fax: (435) 245-5057
Website: www.gwpark.com
SiteLines Park &
Playground Products
626 125t Street, S.W.

AK Suite 104-A
WA Everett, WA 98204
Tel: (800) 541-0869
Fax: (425) 347-3056
Website: www.sitelines.com
11 David Williams & Associates, Inc.

PO Box 218
1010Harrison Avenue
KY Hanson, OH 45030
OH Tel: (800)762-7936
Fax: (330) 821-4505
Website: www.davidwilliamsassociates.com
\ Cunningham Recreation
/> PO Box 487
Queenstown, MD 21658
I>
IA NE
ND SD
Cunningham Recreation
PO Box 240981
Charlotte, NC 28224
--el: (800) 438-2780
Fax: (704) 525-7356
Website: www.cunninghamrec.com
Marturano Recreation Co.

F'O Box 106 106
spring Lake, NJ 07762
MA ME NJ Tel: (800) 922-0070
NY CT RI Fax: (732) 974-0226
VT NH
LA
TX
Total Recreation Products
2022 C. Knigge C Rd, Suite C
Cypress, TX 77429
.-el: (800) 392-9909
Fax: (832) 237.3895
IPR, Inc.
1481 South King Street
Suite 226
nCunningham Recreation
2135 City Gate Lane, Suite 300
Naperville, IL 60563
IL Tel: (800) 942-1062
Fax: (630) 554-3750
Website: wv+w.cunninghamrec.com
MRGPacifrc
1030-B Railroad Avenue
Novato, CA 94947
No. CA Tel: (415) 899-9996
OR Fax (415) 899-9050
Website: www.gametimenorcal.com
7) Triple M Recreation
4638 East Snea Blvd.

Suite B-170
AZ CO Phoenix, AZ 85028
NM TX Tel: (480) 315-9103
Fax: (480) 315-9991
Website: www.triplemrec.com
HI Honolulu, HI 96814
Tel: (808) 845-7788
Fax: 808) 952-5501
Website: www.innovativeplaygroundsandreareation,com
DE Tel: (800) 233-0529
MD Fax: (410) 827-8855
Website: www.westrecreation.com
DC
MN
WI
AL
FL
MS
Minnesota/Wisconsin
Playground, Inc.

PO Box 27328
Golden Valley, MN 55427
Tel: (800) 622-5425
Fax: (763) 546-5050
Website: www.mnwiplay-com
J.A. Dawson & Co., Inc.

PO Box 1178
Pelham, AL 35124
Tel: (800) 221-8869
Fax: (205) 663-5012

GAMETIME DOMESTIC SALES AGENCY CONTACT INFORMATION
Sales Representative Agency
Address - Website - Territory
Bitting Recreation, Inc. P. O. Box 6445, Harrisburg, PA 17112 Randy Bitting www.bittingrec.co
W. PA
Telephone & Fax
800-248-8464
717-652-5826
Cunningham Associates
Scott Cunningham
P. O. Box 240981 Charlotte, NC 28224 800-438-2780
www.cunninphamr0C.cpin 704-525-7356

AR, DE, DC, IA, IL, KS, MD, MO, NE, NC, ND, OK, SC, SC, VA, TN, WV
J. A. Dawson & Co., Inc.

Craig Struthers
P. O. Box 1178 Pelham, AL 35124
www.iadawsanco.corn
AL, FL Panhandle, MS
800-221-8869
205-663-5058
Dominica Recreation Products, Inc.

Rob Dominica
Great Western Recreation, LLC
Tyler Kyriopoulos
Lewis Painter
P. O. Box 520700 Longwood, FL 32752
www.olaydrD.ccrrl
FL (ex: Panhandle), GA, East/Central TN
800-432-0162
407-331-4720
P. O. Box 97 Wellsville, UT 84339
www.gwgark,com
ID, MT, NV, UT, WY, 5. CA
800-453-2735
435-245-5057
IPR
Gideon Naiditch
Ian Ross
14815. King St., S-226, Honolulu, HI 96814
www.lbr-hawailcom
HI
808-845-7788
808-952-5501
Marturano Recreation Co., Inc.

Jim Marturano
Brian Gates
Minnesota Wisconsin Playgrnd,Inc
Harlan Lehman
Ron Lehman
P. O. Box 106 Spring Lake, NJ 07762
www,mrcrec.com
MA, ME, NJ, NY, CT, RI, VT, E. PA, NH, N. CA, OR
800-992-0070
732-974-0226
P. O. Box 27328 Golden Valley, MN 55427
www.mnwiplay.com
MN, WI
800-622-5425
763-546-5050
Sinclair Recreation, LLC
Diane Sinclair
Rich Sinclair
P. O. Box 1409 Holland, MI 49422
www.sinclair-rec.com
1N, MI
800-444-4954
616-392-8634
5itelines Park & Playground
Gary Max
626 128th St., SW, S -104A, Everett, WA 98204
www.sitelines.com
AK, WA
800-541-0869
425-750-7493
Total Recreation Products
Bryan O'Conner
Kelly O'Conner
17802 Grant Road, Cypress, TX 77429
www.totairecreation.net
LA, TX
800-392-9909
281-351-2493
Triple M Recreation, Inc.

Gene Everts
Patti Everts
8700 E. Vista Bonita Dr., S-188, Scottsdale, AZ 85255
www.triplemrec.com
AZ, CO, NM, W. TX
480-315-9103
480-315-1311
David Williams & Associates
Bob Greiwe
David Williams
P. O. Box 208, Harrison, OH 45030
www,davidwil lia m sas s ociates. com
OH, KY
800-762-7936
330-821-4505
3/12/2017

b
Bitting - Bramble Landscapes, LLC. -
Bramble, Mark
586 Sterling Drive
Sarver, Pa. 16055
Bus: (724) 859-0958
Home: 2018
Mobile: (724) 859-0958
E-mail: [email protected]
Bitting - Playground Pros (Hartzell, Lowell)
154 N. Sheridan Road
Newmanstown, PA 17073
Bus: (610) 589-1769
Home: 2018
Mobile: (610) 413-9832
Bus Fax: (610) 589-1817
E-mail: [email protected]
■
Cunningham - Blueprint Construction, LLC
(Liles, Robbie S.)
5 Liles Woods LN
Garner, NC 27529
Bus: (919) 210-1589
Home: 2018
Bus Fax: (919) 779-9436
E-mail: [email protected]
Cunningham - Carlson Consulting and
Contracting
1150 Prospect Blvd.

Waterloo, Iowa 50701
Bus: (319) 234-8965
Home: 2016
Mobile: (319) 415-8365
Bus Fax: (319) 234-8965
E-mail: [email protected]
Cunningham - Cedar Creek Run
Construction - Stanley, BiII
24072 Zachary Taylor Hwy.

Culpeper, Va. 22701
Bus: (877) 640-9811 / (540) 364-9811
Home: 2016
Mobile: (703) 244-5991
Bus Fax: (540) 825-3445
E-mail: [email protected]
Cunningham - CLS Outdoor Services
112 Nivens Drive
P O Box 790
Atoka, TN 38004
Bus: (901) 428-8836
Home: 2018
Mobile: (901) 428-8836
Bus Fax: (901) 475-0015
E-mail: [email protected]
Cunningham - Custom Park Services
8019 E. Old Jessup Road
PO Box 1098
Jessup, MD 20794
Bus: (410) 799-7745 or 877-799-7745
Home: 2017
Mobile: (410) 365-0502
Bus Fax: (410) 579-1284
E-mail: [email protected]
f i.nninnham - relict -sal
9957 N. Alpine Road, Suite 100
Machesney Park, II.61115
Bus: (815) 708-8540
Home: 2016
Mobile: (815) 505-0500
Bus Fax: (779) 423-2033
E-mail: [email protected]
Dlavnrni.nrlc
Cunningham - D C Install, LLC.
503 Niagara
E. Alton, Illinois 62024
Bus: (618) 531-0848
Home: 2017
Mobile: (618) 531-0848
Bus Fax: (618) 258-9007
E-mail: [email protected]
E-mail 2: [email protected]
Cunningham - D G Services, inc. (Layne,
Kevin)
181 Springdale Acres Drive
Mooresville, NC 28115
Bus: 17047993878
Home: 2018
Mobile: 9802302946
Bus Fax: 7047993878
E-mail: [email protected]
Cunningham - Elanar Construction
Company
6620 W. Belmont Avenue
Chicago, IL 60634
Bus: (773) 628-7011
Home: 2018
Mobile: (773) 908-7629
Bus Fax: (773) 628-7041
E-mail: [email protected]
E-mail 2: [email protected]
Barr, Patricia
1 3/8/2017 11:36 AM

Cunningham - Jones & Sons Contracting
Cunningham - Fuertes Systems
Landscaping, Inc
15100 S. Indian Boundary Rd.

Plainfield, I1.60544
Bus: (815) 725-2959
Home: 2016
Mobile: (847) 312-9393
Bus Fax: (815) 725-3165
E-mail: [email protected]
Cunningham - G.L. Stone and Son, Inc. -
Gilkerson, Leondis
24 First Street
Hamlin, WV. 25523
Bus: (304) 824-3800
Home: 2016
Mobile: (304) 208-4550
Bus Fax: (304) 824-3848
E-mail: [email protected]
Cunningham - Grass roots, Inc.
501 W. Central Avenue
Davidsonville, MD 21035
Bus: (410) 721-1093
Home: 2016
Mobile: (301) 785-5770
Bus Fax: (301) 858-1039
E-mail: [email protected]
Cunningham - Green -Up Landscape, Inc.
23940 Andrew Road
Plainfield, IL 60585
Bus: (815) 372-3000
Home: 2017
Mobile: (815) 693-1833
Bus Fax: (815) 372-3005
E-mail: [email protected]
Cunningham - Howard's General
Contracting
708 Knightswood Road
Fort Mill, S.C. 29708
Bus: (803) 802-1722
Home: 2017
Mobile: (803) 280-5630
E-mail: [email protected]
Cunningham - IDE Construction (Turner,
Michael)
18601 Green Street
Washington, NE 68068
Bus: (402) 510-0549
Home: 2018
E-mail: [email protected]
Barr, Patricia
11409 Boltomley Road
Thurmont, MD 21788
Bus: (301) 898-3743
Home: 2011
Bus Fax: (301) 898-3743
E-mail: [email protected]
Cunningham - Kay Jay Construction, Inc.
300 S. Carlton Ave. #160
Wheaton, 11. 60187
Bus: (312) 388-3030
Home: 2016
Mobile: (312) 388-3030
E-mail: fred.conforti@sbcglobalnet
Cunningham - Kenneth Company, The
16W064 Jeans Road
Lemont, II. 60439
Bus: (630) 679-2750
Home: 2016
Mobile: (630) 514-3632
Bus Fax: (630) 325-2780
E-mail: [email protected]
Cunningham - Massanelli Construction, Inc.
105 Bellaire Drive
Hot Springs, Arkansas 71901
Bus: (501) 318-7618
Home: 2016
Mobile; (501) 318-7618
Bus Fax: (501) 321-8083
E-mail: [email protected]
Cunningham - Monkebar Builders, L.L.C.
1214 Towanda Ave., Upper Level
Bloomington, IL 61701
Bus: (309) 829-9111
Home: Z016
Mobile: (309) 825-9111
Bus Fax: (309) 829-5555
E-mail: [email protected]
Cunningham - Moore Recreational
Products, Inc.

PO Box 472747
Charlotte, NC 28247
Bus: (704) 905-3665
Home: 2017
Mobile: (704) 905-3665
Bus Fax: (704) 643-1369
E-mail: [email protected]
2 3/8/2017 11:36 AM

Cunningham - Prestige Landscaping
Solutions - Mullins, Jason
Cunningham - Old South Building Corp -
Deeds, Rob
1622 Brandon Ave.

Petersburg, Va, 23805
Bus: (804) 307-9307
Home: 2016
Mobile: (804) 307-9307
Bus Fax: (804) 733-1110
E-mail: [email protected]
Cunningham - Ozark Mountain
Installations, Inc.
9706 Lawrence 2237
Monett, MO 65708
Bus: (417) 235-9475
Home: 2018
Mobile: (417) 235-9475
Bus Fax: (417) 236-0897
E-mail: [email protected]
Cunningham - ParkScape Solutions LLC
(Woods, Wayne O.)
8226C Hwy J
Black, MO 63625
Bus: (573) 269-4450
Home: 2017
Mobile: (573) 701-3294
E-mail: [email protected]
Cunningham - Play Structure Plus
364 East Main Street, Suite 172
Middletown, De. 19709
Bus: (302) 528-8791
Home: 2016
Mobile: (302) 528-8791
Bus Fax: (302) 378-0747
E-mail: [email protected]
Cunningham - Play-N-Scape, Inc.
190 Briarwod Drive
Crystal Lake, IL 60014
Bus: (815) 693-2769
Home: 2016
Mobile: (815) 459-6758
Bus Fax: (815) 459-5790
E-mail: [email protected]
5001 NW 10 Apt. 905
Oklahoma City, Ok. 73127
Bus: (405) 885-2015
Home: 2014
Mobile: (405) 820-8304
Bus Fax: (405) 849-2739
E-mail: [email protected]
Cunningham - Reese Construction Company
3720 Lucky Drive
Apex, N.C. 27539
Bus: (919) 329-5501
Home: 2017
Mobile: (919) 427-4685
Bus Fax. (919) 329-5503
E-mail: [email protected]
Cunningham - RJR Enterprises, Inc.
804 N 42nd Street
Rogers, AR 72756
Bus: (479) 936-1092
Mobile: (479) 621-3939
E-mail: [email protected]
Cunningham - Robert Kremers Construction
515 S. 86th Street
Omaha, NE 68114
Bus: (402) 658-3357
Home: 2017
Mobile: (402)658-3357
Bus Fax: none
E-mail: [email protected]
Cunningham - Triad Property Services, Inc.
962 Wiley Lewis Road
Greensboro, NC 27406
Bus: (336) 378-1541
Home: 2017
Mobile: (336) 337-1930
Bus Fax: (336) 378-1541
E-mail: [email protected]
Cunningham - Woods Const. Serv.
8226B Hwy. J
Black, Mo. 63625
Bus: (573) 269-1113
Home: 2017
Mobile: (573) 701-3294
Bus Fax: (573) 269-1033
E-mail: [email protected]
Barr, Patricia
3 3/8/2017 11:36 AM

Cunningham - Zogg & Associates (Zogg,
Brent)
27610 90th Avenue
Donahue, IA 52746
Bus: (563) 210-2943
Home: 2018
E-mail: [email protected]
Cunningham -Hyde Construction (Hyde,
John)
1325 South Bates Avenue
Springfield, IL 62704
Bus: (217) 891-4618
Home: 2018
E-mail: [email protected]
d
Dawson, J. A.

P.O. Box 1178
Pelham, AL 35124
Bus: (205) 663-5058
Home: 2017
Mobile: (205) 368-4365
Bus Fax: (205) 663-5012
E-mail: [email protected]
Dominca - D.W. Recreation Services, Inc.
(West, Donald)
2500 NW 79th Ave. #258
Doral, FL 33122
Bus: (561) 433-4709
Home: 2017
Mobile: (561) 818-4819
E-mail: [email protected]
Dominica - John Fitzgerald, Inc.

P.O. Box 655
Sanford, FL 32772
412 Mattie St.

Sanford, FL 32773
Bus: (407) 323-8822
Home: 2018
Mobile: (407) 920-2256
Bus Fax: (407) 323-0999
E-mail: [email protected]
Barr, Patrida
Dominica Recreation Products - Copponex
Group LLC (Copponex, Glen)
1478 Highway 124
Auburn, GA 30011
Bus: (770) 421-5252
Home: 2017
Mobile: (770) 846-2120
E-mail: [email protected]
Dominica Recreation Products - Outdoor
Construction
134 Stanley Court Sutie#E
Lawrenceville, GA 30046
Bus: (770) 995-8430 Toll Free 877-995-1100
Home: 2017
Mobile: (678) 234-7489
Bus Fax: (886) 536-5244
E-mail: [email protected]
E-mail 2: [email protected]
Dominica Recreation Products - Pelican
Playground Maintenance LLC (De
Armond, William)
Suite 202 Dept 213
Fort Myers, FL 33912
Bus: (239) 284-7335
Home: 2018
E-mail: [email protected]
Great West Park and Play - C S
Construction (Amick, Chris)
13049 Lynn Christi Ave
Bakersfield, CA 93314
Bus: (661) 978-9748
Home: 2017
E-mail: [email protected]
Great West Park and Play - California
Landscape & Design, Inc. (Kammerer,
Steve)
273 N. Benson Avenue
Upland, CA 91786
Bus: (909) 949-1601
Home: 2017
Mobile: (909) 215-7439
Bus Fax: (909) 981-9368
E-mail: [email protected]
4 3/8/2017 11:36 AM

g
Great West Park and Play - Childs Play
1852 Langley Ave
Irvine, CA 92614
Bus: (949) 252-1186
Home: 2017
Mobile: (714) 709-1782
E-mail: [email protected]
Great West Park and Play - Cicero
Engineering, Inc.
1372 E. Valencia Drive
Fullerton, Ca. 92831
Bus: (714) 871-2800
Home: 2017
Mobile: (562) 762-5147 Frank Cicero
Bus Fax: (714) 871-2801
E-mail: [email protected]
Great West Park and Play - Coastal Park
and Recreation - Lapp, Doug
3075 Falda Road
Atascadero, Ca. 93422
Bus: (805) 441-2952
Home: 2018
Mobile: (805) 441-2952
E-mail: [email protected]
Great West Park and Play - Distinctive
Exteriors: Inc_ - Aikens: Phil
6625 South Valley View Blvd
Suite 212
Las Vegas, NV 89118
Bus: (702) 385-4555
Home: 2014
Mobile: (702) 2B6-7091
E-mail: [email protected]
Great West Park and Play - Evans
Recreation Installation, Inc.

P.O. Box 42607
Las Vegas, Nevada 89116
Bus: (702) 271-8170
Home: 2016
Mobile: (702) 271-8170
Bus Fax: (702) 926-9685
E-mail: [email protected]
Barr, Patricia
Great West Park and Play - Evergreen
Environment, Inc. (Sandoval, Juan)
8609 Mission Blvd
Riverside, CA 92509
Bus: (951) 332-2218
Home: 201 B
Mobile: (951) 337-1757
Bus Fax: (951) 332-2219
E-mail: [email protected]
Great West Park and Play - Fullmer
Brothers Landscape Maintenanc, Inc.
(Newbold, Craig)
1825 N. 1450 W
Lehi, Utah 84043
Bus: (801) 571-9899
Home: 2018
Mobile: (801) 671-6257
E-mail: [email protected]
Great West Park and Play - Garden Shop
Nursery Landscaping
1978 Frazier Avenue
Sparks, Nv. 89431
Bus: (775) 358-3080
Home: 2018
Mobile: (775) 221-0935
Bus Fax: (775) 358-3084
E-mail: [email protected]
Great West Park and Play - Great Western
Installations - Olson, Derek
Great Western Installations
PO Box 97
Wellsville, Ut. 84339
Bus: (800) 453-2735
Home: 2017
Mobile: Steve (435) 760-5100 / Derek (858) 337-9195
Bus Fax: (435) 245-5057
E-mail: [email protected]
Great West Park and Play - K.C. Equipment
413 S. Magnolia Ave.

El Cajon, CA 92020
Bus: (619) 443-9730
Home: 2013
Bus Fax: (619) 443-9729
E-mail: [email protected]
Great West Park and Play - Linnert Builders
1675 No. Shaffer St.

Orange, CA 92867
Bus: (714) 974-4393
Home: 2018
Mobile: (714) 606-4951
Bus Fax: (714) 974-4393
E-mail: [email protected]
S 3/8/201711:36 AM

g
Great West Park and Play - Malibu Pacific
Tennis Courts, Inc.
31133 Via Colinas, Suite 107
Westlake Village, CA 91362
Bus: (818) 707-3797
Home: 2013
Mobile: (818) 991-7445
Bus Fax: (818) 706-1951
E-mail: [email protected]
Great West Park and Play - Play
Foundations, Inc. (Cox, jack)
1330 N. Melrosed Drive Suite F
Vista, CA 92083
Bus: 17602958645
Home: 2018
Mobile: 17604209689
Bus Fax: 17602958651
Great West Park and Play - PSI
1747 Colgate Drive
Thousand Oaks, CA 91360
Bus: (805) 494-3401
Home: 2018
Mobile: (818) 618-2333
Bus Fax: (805) 494-3343
E-mail: [email protected]
Great West Park and Play - Quality Time
Recreation
P.O. Box 471
Clearfield, Ut 84089
673 W. 1860 N.

Clinton, Ut. 84015
Bus: (801) 718-5367
Home: 2018
Mobile: (801) 718-5367
Bus Fax: (801) 728-3558
E-mail: [email protected]
Great West Park and Play - Rasco
Construction, Inc.
6588 West 10900 North
Highland, Utah 84043
Bus: (801) 360-1723
Home: 2018
Mobile: (801) 360-7123
Bus Fax: (801) 763-7664
E-mail: [email protected]
Great West Park and Play - Recreation
Installation
1321 N. Lewis Peak Drive
Ogden, Utah 84401
Bus: (801) 388-6980
Home: 2018
Bus Fax: (801) 393-2745
E-mail: [email protected]
Great West Park and Play - Zasueta
Contracting, Inc.

PO Box 866
Spring Valley, CA 91976
Bus: (619) 589-0609
Home: 2016
Mobile: (619) 843-4048
Bus Fax: (619) 697-6031
E-mail; [email protected]
Great West Park and Play -Unlimited
Engineering Contracting, Inc. (Carter,
Kevin)
950 Firestone Circle
Simi Valley, CA 93065
Bus: (805) 587-7514
Home: 2017
Mobile: (818) 652-6922
E-mail: [email protected]
I
IPR$ Hawaii
Sagum, Danielle
1481 S. King Street
Suite 226
Honolulu, HI 96814
Bus: (808) 952-7788
Home: 2017
Mobile: (808) 679-1113
E-mail: [email protected]
m
Marturano - A & H contracting
33 Eastwood Blvd.

Manalapan, NJ. 07726
Bus: (732) 972-0006
Home: 2015
Mobile: (732) 672-3236
Bus Fax: (732) 972-0555
E-mail: [email protected]
Barr, Patricia
6 3/8/2017 11:36 AM

■
Marturano - AAH Constuction Corp.
(Cinquemani, Led)
21-77 31st Street Suite 107
Astoria, NY 11105
Bus: (718) 267-1300
Home: 2018
Mobile: (917) 709-2021
Bus Fax: (718) 726-1474
E-mail: [email protected]
Marturano - Buzz Burger Incorporated
13 Twin Pine Way
Glen Mills, PA 19342
Bus: (610) 399-3035
Home: 2016
Mobile: (610) 304-9040
Bus Fax: +1 (610) 399-3375
E-mail: [email protected]
Marturano - California Playground Builders
1490 Norman Ave.

Santa Clara, Ca. 95054
Bus: (408) 748-1220 or (408) 314-3363
Horne: 2013
Mobile: (408) 438-2141
Bus Fax: (408) 748-1128
E-mail: [email protected]
Marturano - Central Jersey Landscaping,
Inc.
523A Chesterfield-Arneytown Road
Chesterfield, N.J. 08515
Bus: (609) 298-2450
Home: 2016
Mobile: (609) 722-2082
Bus Fax: (609) 298-2436
E-mail: [email protected]
Marturano - CMJ Construction, Inc.
40 fenton way
Bangor, ME 04401
Bus: (603) 828-5225
Home: 2018
Mobile: (603) 828-5225
Bus Fax: (207) 942-5776
E-mail: [email protected]
Marturano - Community Playgrounds, Inc.
200 Commercial Street
Vallejo, Ca. 94589
Bus: (415) 892-8100
Home: 2017
Mobile: (415) 559-8883 / 415-725-8923
Bus Fax: (415) 892-3132
E-mail: [email protected]
Marturano - Currie Grove, LLC
300 Old Reading Pike
Bldg. 1, Suite 102
Stowe, Pa. 19464
Bus: (610) 970-8846
Home: 2017
Mobile: (610) 310-5926
Bus Fax: (610) 970-4719
E-mail: [email protected]
Marturano - Dakota Excavating Contractor,
Inc.
200 East Church St.

Bergenfield, NJ 07621
Bus: (201) 439-1000
Mobile: (201) 954-5301
Bus Fax: (201) 439-0444
E-mail: [email protected]
Marturano - G & G Builders
4542 Contractors Place
Livermore, Ca. 94551
Bus: (925) 846-9023
Home: 2017
Mobile: (925) 570-7606
Bus Fax: (925) 846-9152
E-mail: [email protected]
Marturano - Harris Fence Corp. (Harris,
Jim)
4492 Route 130
Burlington, NJ 08016
Bus: (609) 387-4050
Home: 2017
Mobile: (609) 517-7613
E-mail: [email protected]
Marturano - Horizon Concepts, Inc.
53 West Hills Road
Huntington Station, N.Y. 11746
Bus: (631) 271-1963
Home: 2016
Mobile: (516) 864-1522
Bus Fax: (631) 271-1975
E-mail: [email protected]
Marturano - Kamback Bros. LLC (Kamback,
Greg)
54 E. Lagoona Drive
Brick, NJ 08723
Bus: (732) 558-3868
Home: 2017
Mobile: (732) 558-3868
Bus Fax: (732) 477-0046
E-mail: [email protected]
Barr, Patricia
7 3/8/2017 11:36 AM

Marturano - Pat Corsetti, Inc.

Marturano - Kel-Tech Construction, Inc. -
Kelleher, Vincent
12-11 Redfern Ave.

Queens, N.Y. 11691
Bus: (718) 383-3353
Home 2017
Mobile: (917) 682-3988
Bus Fax: (718) 337-3360
E-mail: [email protected]
Marturano - Kidzzplay Installation Services
126 Covered Bridge Road
Warwick, N.Y. 10990
Bus: (800) 851-7748
Home: 2016
Mobile: (845) 742-1745
E-mail: [email protected]
Marturano - Lobo Construction Services,
Inc.
250 Orchard Road
East Patchoeve, NY 11772
Bus: (631) 286-6184
Home: 2018
Mobile: (516) 807-8462
Bus Fax: (631) 286-6194
E-mail: [email protected]
Marturano - M & M Site Improvement, Inc.
(Mcpherson, Robert)
53 Gladstone Road
New Rochelle, NY 10805
Bus: (917) 679-1012
Home: 2018
Bus Fax: (914) 813-8639
E-mail: [email protected]
Marturano - Marrs Playground Installation,
Co.
16860 Paula Road
Madem, Ca. 93636
P.O. Box 318
Friant, Ca. 93626
Bus: (559) 479-8490
Home: 2017
Mobile: (559) 930-1700
Bus Fax: (559) 479-8490
E-mail: [email protected]
Barr, Patricia
610 Fenimore Road
Mamaroneck, NY 10543
Bus: (914) 698-5024
Home: 2017
Mobile: (914) 403-4346
Bus Fax: (914) 698-6746
E-mail: [email protected]
Marturano - Performance Flooring Systems
(Melville, Garth)
289 Milton Road
Rye, NY 10580
Bus: (917) 930-1521
Home: 2018
Mobile: (917) 930-1521
E-mail: [email protected]
Marturano - Picerno-Giordano
Construction, LLC (Richard Picerno)
200 Market Street
Kenilworth, NJ 07033
Bus: (908) 241-4331
Home: 2017
Mobile: (908) 296-0505
Bus Fax: (908) 241-7854
E-mail: [email protected]
Marturano - Playgrounds Unlimited, Inc
980 Memorex Drive
Santa Clara, CA 95050
Bus: (408) 244-9848
Home: 2016
Mobile: (408) 639-4565
Bus Fax: (408) 330-9256
E-mail: [email protected]
Marturano - Rubberecycle, LLC. - Gates,
Brian
P.O. Box 106
Springlake, N.J. 07762
Bus: (B00) 922-0070
Home: 2014
Mobile: (732) 433-6121
Bus Fax: (732) 947-0226
E-mail: [email protected]
Marturano - Scott Construction of
Rochester, Inc.
23 Wells Street
Rochester, NY 14611
Bus: (585) 370-6331
Home: 2018
Mobile: (585) 370-6331
Bus Fax: (585) 325-2893
E-mail: [email protected]
8 3/8/2017 11:36 AM

Marturano - Who Built Creative Builders
Marturano - Shawn T. Gardner Builders
2882 Robert Court
Redding, CA 96002
Bus: (530) 222-2771
Home: 2015
Mobile: (530) 945-2041
Bus Fax: (530) 222-3269
E-mail: [email protected]
Marturano - Silagy Contracting, LLC.
614 Old Post Road
Edison, NJ 08817
P.O. Box 1096
Edison, N.J. 08817
Bus: (732) 287-5544
Home: 2018
Mobile: (732) 921-0780
Bus Fax: (732) 287-8978
E-mail: [email protected]
Marturano - TAJ Assoc
335 Clifton Ave,
Staten Island, NY 10305
Bus: (718) 415-4555
Home; 2018
Mobile: (917) 577-8274
Bus Fax: (718) 442-2567
E-mail: [email protected]
Marturano - Tec-Con Contractors, Inc.
9 Dodd Street
East Orange, NJ 07017
Bus: (973) 674-9191
Home: 2011
Bus Fax: (973) 674-2834
E-mail: [email protected]
Marturano - Titan Development, Inc.
8534 Seaman Rd
Gasport, NY 14067
Home: 2018
Mobile: (716) 913-5957
E-mail: [email protected]
Marturano - Whirl Construction
187 Main Street,
P.O. Box 110
Port Monmouth, NJ 07758
Bus: (732) 495-3715
Home: 2017
Mobile: (732) 496-5706
Bus Fax: (732) 495-6133
E-mail: [email protected]
80 Alta Dr.

Petaluma, CA 94954
P.O. Box 5207
Petaluma, CA 94955
Bus: (707) 763-6210
Home: 2017
Mobile: (707) 696-7734
Bus Fax: (707) 658-2513
E-mail: [email protected]
Minnesota&Wisc. - C.K.&C. Installation, Inc.
12735 - 274th Circle
Zimmerman, MN 55398
Bus: (763) 856-5293
Home: 2018
Mobile: (763) 244-0188
Bus Fax: (763) 856-0536
E-mail: [email protected]
Minnesota&Wisc. - Southern Coating
Systems
8960 205 St West #432
Lakeville, MN 55044
Bus: (952) 469-3439
Bus Fax: (952) 469-3430
E-mail: [email protected]
s
Sinclair Recreation - G & C Contracting,
LLC. - Krohn, Geoff
16801 S. Mill Creek Rd.

Noblesville, In. 46062
Bus: (317) 694-4373
Home: 2016
Mobile: (317) 694-4373
Bus Fax: (317) 770-7482
E-mail: [email protected]
Sinclair Recreation - Michigan Recreational
Construction, Inc.

Sheffer, Craig A.

P.O. Box 2127
Brighton, MI48116
1019Victory Drive
Howell, Mi. 48843
Bus: (517) 545-7122
Home: 2016
Mobile: (313) 806-8406
Bus Fax: (517) 545-7144
E-mail: [email protected]
Barr, Patricia
9 3/8/2017 11:36 AM

Sitelines - Picture Perfect Playgrounds
Stoddard, Curtis
Sinclair Recreation - Play Builders LLC
128 E. Lakewood Blvd
Suite 40 B
Holland, MI 49424
Bus: (616) 218-1053
Horne: 2011
Mobile: (616) 218-1053
Bus Fax: (616) 994-0345
E-mail: [email protected]
Sinclair Recreation - Pro Installation Plus,
Inc.
60-B W.Terra Cotta Avenue #185
Crystal Lake, IL 60014
Bus: (815) 479-7220
Home: 2017
Bus Fax: (815) 479-7221
E-mail: [email protected]
Sinclair Recreation - Rent A Son
2294 S. Hickory Ridge Road
Milford, Mi. 48380-1920
Bus: (989) 233-3210
Home: 2018
Mobile: (989) 233-3210
E-mail: [email protected]
Sitelines - Cascade Mini Excavating, Inc.
1266 Bay Loop S.W.

Tumwater, Wa. 98512
Bus: (360) 556-3552
Home: 2018
Mobile: (360) 556-3544
E-mail; [email protected]
Sitelines - G.R. Morgan Construction
10536 S.W. 25th Avenue
Portland, OR 97219
Bus: (503) 452-4268
Home: 2018
Mobile: (503) 803-4802
Bus Fax: (503) 245-4872
E-mail: [email protected]
Sitelines - L.W. Sundstrom, Inc.

P.O. Box 893
Ravensdale, Wa. 98051
Bus: (206) 730-8901
Horne: 2017
Mobile: (206) 730-8901
Bus Fax: (425) 413-2533
E-mail; [email protected]
P.O. box 807
Ashton,ID 83420
Bus: (208) 652-3284
Home: 2016
Mobile: (208) 521-0161
Bus Fax: (208) 652-3285
E-mail: [email protected]
Sitelines - Precision Recreation
Contractors, Inc.
6821 S.E. Johnson Creek BLVD.

Portland, OR 97206
Bus: (503) 788-4002
Home: 2018
Mobile: (503) 572-8248
Bus Fax: (503) 788-4003
E-mail: [email protected]
Sitelines - Proexc, LLC (Kyllonen, James)
P.O. box 2803
Battleground, WA 98604
Bus: (360) 666-9276
Home: 2018
E-mail: [email protected]
Sitelines - Prosser & Sons
North 5544 Drumheller
Spokane, WA 99205-7509
Bus: (509) 326-4907
Home: 2015
Mobile: (509) 993-2840
Bus Fax: (509) 326-4907
E-mail: [email protected]
Sitelines - R & R Construction, Inc.

P.O. Box 10
Carbonado, WA 98323
Bus: (360) 829-2300
Home: 2018
Mobile: (253) 350-7449
Bus Fax: (360) 829-2700
E-mail: [email protected]
t
Total Recreation - Barcon Construction
143 EL Cerrito Circle
San Antonio, TX 78232
Bus: (210) 867-2278
Home: 2019
Mobile: (210) 867-2278
Bus Fax: (210) 867-9500
E-mail: [email protected]
Barr, Patricia
10 3/8/2017 11:36 AM

Total Recreation - Paradigm Contracting,
LLC. - Bergold, Helen
Total Recreation - Cross Country
3804 Simmons Creek Lane
Flower Mound, Tx. 75022-5495
Bus: (972) 355-8580
Home: 2018
Mobile: (972) 768-1713
Bus Fax: (972) 355-2902
E-mail: [email protected]
Total Recreation - Crosswinds Contracting,
Inc. (Les Shannon)
905 Sandy Beach Drive
Conroe, TX 77304
Bus: (936) 522-8522
Home: 2018
Mobile: (936) 522-8522
E-mail: [email protected]
Total Recreation - DecorCrete, Inc. -
Schaeffer, Charles
154 Oak Lane
Chatham, La. 71226
Bus: (318) 249-2016
Home: 2018
Mobile: (832) 202-9838
E-mail: [email protected]
Total Recreation - Indian Nations Ent -
Liles, Mike Garvin /Jeff
10252 Mustang Run
Forney, Tx. 75126
Bus: (214) 704-2115
Home: 2017
Mobile: (214) 704-2115
Bus Fax: (972) 564-5755
E-mail: [email protected]
Total Recreation - Majestic Playground
Services, LLC. Givens, Maury Scot
30274 White Egret Street
Denham Springs, La. 70726
Bus: (225) 667-3062
Home: 2017
Mobile: (225) 937-0791
Bus Fax: (225) 667-3035
E-mail: [email protected]
10719 Twilight Vista
Austin, Tx. 78736
Bus: (512) 300-3636
Home: 2017
Mobile: (512) 300-3636
Bus Fax: (512) 692-2947
E-mail: [email protected]
Total Recreation - Pro Playground
Installations, Inc - Schrock, Don
4 Wedgewood Blvd
Conroe, Tx. 77304
Bus: (936) 443-7235
Home: 2018
Mobile: (936) 443-7235
Bus Fax: (936) 441-3341
E-mail: [email protected]
Total Recreation - RGH Landscape, Inc.

P.O. Box 51376
Amarillo, TX 79159
Bus: (806) 358-4222
Home: 2016
Mobile: (806) 674-2810
Bus Fax: (806) 358-4222
E-mail: [email protected]
Total Recreation - Simmons Builders
General Contractor, Inc.
3804 Simmons Creek Lane
Flower Mound, TX 75022-5495
Bus: (972) 355-8580
Home: 2018
Mobile: (972) 768-1719
Bus Fax: (972) 355-2902
E-mail: [email protected]
E-mail 2: [email protected]
Total Recreation - Wade Contractors, Inc.
23024 Yupon
Porter, TX 77365
Bus: (281) 354-1934
Home: 2018
Mobile: (281) 435-8004
Bus Fax: (501) 204-4034
E-mail: Wade Contractors, Inc.

Triple M Recreation - Four Rivers, LLC. -
Leck, Kris
615 E. Walnut Street
Deming, NM. 88030
Bus: (575) 494-5788
Home: 2018
Mobile: (575) 494-5788
E-mail: [email protected]
Barr, Patricia
11 3/8/2017 11:36 AM

Williams, David - C & W Construction
Triple M Recreation - Hansen 81 Prezzano
Builders LLC
PO Box 359
Peralta, NM 87042
Bus: (505) 865-3900
Home: 2018
Mobile: (505) 228-1130
Bus Fax: (505) 865-3922
E-mail: [email protected]
Triple M Recreation - Premier Construction
Corporation
899 W. Daniel RD
San Tan Valley, AZ 85143
Bus: (520) 429-5245
Home: 2018
Mobile: (520) 429-5245
Bus Fax: (520) 529-1301
E-mail: [email protected]
Triple M Recreation - Progressive
Playgrounds, Inc.
12784 N. 3rd St.

Paskes, CO 80134
Bus: (303) 805-8992
Home: 2014
Mobile: (303) 324-7900
Bus Fax: (303) 805-8991
E-mail: [email protected]
Triple M Recreation - Triclops Services, LLC
720 Austin Ave. #200
Erie, Co. 80516
Bus: (720) 323-8845
Home: 2017
Mobile: (720) 323-8845
Bus Fax: (303) 833-4460
E-mail: [email protected]
W
WI Playground - Captured Live
12 Narhaniel Chrichlow Drive
Valsayn
Trinida
Bus: (868) 689-9896
Home: 2018
Mobile: (868) 689-9896
E-mail: [email protected]
Barr, Patricia
15743 Terramont NE
Minerva, Oh. 44657
Bus: (330) 495-8590
Home: 2017
Mobile: (330) 495-8590
Bus Fax: (330) 821-4505
E-mail: [email protected]
Williams, David - Playground Equipment
Services, LLC
8510 Coyhill Lane
Cincinnati, Ohio 45239
Bus: (513) 923-2333
Home: 2017
Mobile: (513) 236-6906
Bus Fax: (513) 923-2444
E-mail: [email protected]
Williams, David - Walter Schunk
Excavating & Trucking, Inc.

P.O. Box 56
Miamitown, OH 45041
Bus: (513) 353-4760
Home: 2017
Mobile: (513) 659-9702
Bus Fax: (513) 738-0684
E-mail: [email protected]
12 3/8/2017 11:36 AM

Contract No. 2017001134
Vendor No, 121531

EXHIBIT D

FREIGHT RATE SCHEDULES
The following Freight Rate Schedules are an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the "Contract") between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime.
27 25 - Freight Rates

Contract No. 2017001134
Vendor No. 121531

EXHIBIT E

PRODUCT WARRANTIES
The following Product Warranties are an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the "Contract") between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime.
28 PLC CORE
ow/ding communities through play
3/16/2017
GameTime Division
PlayCore Wisconsin, Inc.
150 PlayCore Drive, S.E.

Fort Payne, Alabama 35967
Telephone: 256/845-5610
(Game -rime)
REQUEST FOR PROPOSAL 269-2017-028
SECTION 20 WARRANTY DIRECTORY
File
No. Provider

24.00 Warranty Directory

20.01 GameTime Playground Equipment

20.02 GTlmpax

20.03 GTShade

20.04 BigToys (and EaryWorks-NatureRocks)

20.05 Colorado Time Systems MultiSport Scoreboards

20.06 Colorado Time Systems Timing Systems

20.07 Dero

20.08 Everlast

20.09 GT Grandstands

20.10 Harmony

20.11 NRS

20.12 Power Systems

20.13 Spectrum Aquatics

20.14 The Fountain People

20.15 UltraPlay

20.16 UltraSite - UlraShade - UltraShelter

20.17 Water Odyssey
Note: some warranties cover multiple product offerings
• pLA'(CORE tn.w.m
RFP 269-2017-028 Page 20.1

•
150 PlayCore Drive, SE
Fort Payne, Alabama 35967
Telephone: 256/845-5610
Facsimile: 256/845-9361
Email: [email protected]
(GameTime)
A Fl f : CORE Company
GAMETIME® WARRANTIES
GameTime provides warranties on all materials and workmanship for one year, excluding vandalism.

In addition, GameTime offers:
o Lifetime limited warranty on PowerScape®, PrimeTime®, Xscape® & IONiX® uprights. • Lifetime limited warranty on all hardware.
o Lifetime limited warranty on GameTime PowerScape Tru-Loc® connections. o Lifetime limited warranty on PrimeTime and Xscape bolt -through connections. o Fifteen -Year limited warranty on metal decks, pipes, rungs, rails and loops. • Fifteen -Year limited warranty on rotationally molded products. • Five -Year limited warranty on glass fiber reinforced concrete PlayWorx structures. o Five -Year limited warranty on glass fiber reinforced polymers Tuff Forms sculptures. o Twenty -Year limited warranty on Timber DcorTM & Timbers recycled plastic lumber. o Five -Year limited warranty on nylon -covered cable net climbers and components. o Ten -Year limited warranty on pressure -treated pine and redwood products. o Ten -Year limited warranty on Advanced, Elite & stationary Base Series posts & bars o Ten -Year limited warranty on site furnishings.
o Ten -Year limited warranty on integrated GTShade® products. o Ten -Year limited warranty on fiberglass and DHPL signage. o Five -Year limited warranty on Super Seats TM
o Three -Year limited warranty on SaddleMates® rubber and "C" -springs. • One -Year limited warranty on all other GameTime products.

All warranties specifically exclude damage caused by vandalism; negligence, improper installation or improper use; changes in appearance resulting from weathering; scratches, dents or marring as a result of use. Warranties are valid only if products are installed and maintained in accordance with GameTime instructions and use approved parts.

GTW160101 Page 1

Engineered Wood Fiber Surfacing

FIFTEEN YEAR

LIMITED (PERFORMANCE) WARRANTY
Effective June I, 2008
GameTime warrants the GT lmpax Engineered Wood Fiber Surfacing installation to the original purchaser for a period of fifteen (15) years from date of installation_ This limited warranty applies only to GT Impax Engineered Wood Fiber Surfacing that has been approved for installation.

Performance:

In the event the Materials do not conform or perform as expected, the Limited Warranty shall be limited to replacement of the defective Materials in question, and shall not include installation or consequential damages or refund. This Limited Warranty does not cover normal wear.

Conditions:

This Limited Warranty is conditional upon the Surfacing being properly installed and maintained by the purchaser in accordance with written instructions provided by GameTime.

What Is Covered?

1. GameTime warrants, to the original purchaser, that the GT Impax Engineered Wood Fiber surfacing system will meet ASTM F1292-04 at the specified critical height (8 ft. for an 8 in. depth of GT Impax Engineered Wood Fiber, 12 ft. for a 12 in. depth) for a period of fifteen ( 15) years from the date of installation, subject to the conditions and exclusions shown below.

2. GameTime warrants, to the original purchaser, that the GT Impax Engineered Wood Fiber Surfacing will be free from defects upon delivery, subject to the conditions and exclusions shown below.

If the GT Impax Engineered Wood Fiber surfacing is defective within the applicable warranty period, GareTin+e will, subject to the conditions set forth below, replace defective installation components at no charge within a reasonable period of time, Components used fnr replacement under this warranty are warranted for the remainder of the original warranty period. The replacement of defective components shall constitute the sole and exclusive remedy in the event of a breach of warranty.

FIFTEEN YEAR

LIMITED (PERFORMANCE) WARRANTY

EXCLUSIONS
Incorrect installation, including insufficient drainage, failure to install all material delivered, failure to maintain the surface depth thereof, failure to use GT Impax wear mats in high use areas (swings, slides etc.), abnormal use, lack of or improper maintenance, acts of vandalism shall void this limited warranty and GT Impax shall have no responsibility with respect to damage resulting there from. In addition, changed impact attenuation characteristics created by sand or other materials tracked into the System are not covered by this Warranty as is acts of God, or any other cause beyond the control of GameTime will not be covered by this limited warranty.

NO REPRESENTATIVE OF THE SELLER HAS AUTHORITY TO MAKE ANY REPRESENTATIONS OR PROMISES EXCEPT AS STATED HEREIN.
"THERE ARE NO WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED

WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT EXTEND BEYOND THE WARRANTIES CONTAINED IN THIS DOCUMENT. GAMETIME SHALL

NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES TO THE STRUCTURE OR ITS CONTENTS ARISING UNDER ANY THEORY OF LAW WHATSOEVER.

Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitations of incidental or consequential damages, so the above limitation or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights that vary from state to state.

G _ _ till All lUl . tJd11IG 1T I II I1
P.O. Box 680121, Fort Payne, AL 35968
800-235-2440
Order number:

Name of project:

Customer:

Location:

Date of installation:

Representative:

Recycled Shredded Rubber Surfacing

WARRANTY
GT Impax Loose Shredded Rubber Surfacing is manufactured from recycled automobile and truck tires and is guaranteed to meet or exceed the ASTM Standard Specification for Impact Attenuation of Su►face Systems Under and Around Playground Equipment Playground Surfacing Guidelines used by U.S. Consumer Products Safety Commission.

GameTime warrants GT Impax Loose Shredded Rubber Surfacing against total color loss for eight years, front the purchase elate and in turn warrants the impact attenuation petliwittance of this product for the lifetime of ownership (not to exceed / f y yea►:s), .subject to the conditions and excltrsiuns listed below, All product war•r unties are conditioned upon GT lmpax Loose Shredded Rubber Surfacing being properly installed and maintained by the end -user in accordance with the installation and maintenance guidelines available from GameTime.

GameTime's entire liability and the purchaser's sole remedy, in the unlikely event that GT lrnpar Loose Shredded Rubber Surfacing does not conform to this guarantee. shall be limited to the replacement ofdej ctive material and shall not include the removal costs or installation costs or consequential damages or refund
No other guarantee or warranty is expressed, written or implied except stated herein.

Vandalism, physical loss or any abnormal use shall void this warranty. and GameTime shall have no responsibility with respect to damage resulting there from. Additionally, this warranty .shall be void i/foreign materials that affect impact attenuation are deposited onto or into these pr aduc•ts. Under no conditions shall GameTime be liable for any damages whatsoever arising from the use ofor inability to use the aforementioned products, even f GameTime has been advised of the possibility of such loss.

Warrantor: GameTime
P.O. Box 680121, Fort Payne, AL 35968
800-235-2440
Order number:

Name of project:

Customer:

Location:

Date of Installation:

Representative:

(Ganuime)
A PRA' CORE Company
1(} YEAR LIMITED WARRANTY
Playcore Inc. (the "Seller") warrants that the GT Impax Interlocking Tile safety surfacing system will be free from defects in material and workmanship. The Seller further warrants that the GT Impax Interlocking Tile safety surfacing system complies with the requirements of the ASTM F1292 Standard specification for impact attenuation of surface system under playground equipment.

The Warranty Covers
• Surface wear due to ordinary abrasion from pedestrian traffic will not penetrate the wear course of the surface.
• The locking system, installing the tile according to manufacture's specifications, will ensure that the surface will remain secure and functional.
• The product will comply with the requirements of ASTM F1292-04 at the height the manufacture rated the GT Impax Interlocking tile system at the time of purchase.

Duration of Warranty
• This is a 10 year limited warranty, prorated as outlined in the schedule shown below.

This warranty maybe transferred with the property.

Terms of Warranty
• Any segment of a GT Impax Interlocking Tile surface that meets the criteria will be repaired or replaced, at the Seller's option and in conjunction with the warranty coverage schedule below.

Warranty Submittal Process
• A warranty claim should be made directly to the Seller. All claim submittals will require the following information. Please provide a description of the claim defect and the date the defect was discovered, a photographic image if image (if applicable) of the claim defect, the date of the original installation, the project name and your name, address and phone numbers. The Seller will provide notification of any additional information and physical evidence that may be required to process your claim.

Warranty Coverage Schedule
• The Seller shall be responsible for the l00% of the cost of the repair or replacement of any product found to be defective or not in compliance with the warranty herein within the first six (6) years following the original shipment of the product. Where any product is found to be defective or not in compliance with the warranty herein more that six (6) years following the original shipment of the product, the Seller shall only be responsible for a portion of the cost of the repair or replacement of such products as follows ( and the buyer shall bear and pay the remaining portion of such cost):

Number of years from date of original Percentage of purchase price of product shipment to date of claim for which Seller is responsible 0-6 100%
More than 6,1ess than 7 60%
More than 7, less than 8 40%
More than 8, less than 9 30%
More than 9, less than I0 20%
Warranty Exclusions
This warranty dose not cover:
• Product failure caused by accidents, misuse, natural disaster-, vandalism. improper installation or maintenance and the like (see installation, care and maintenance instructions) • Color change caused by exposure to UV and/or normal abrasion from pedestrian traffic • Failure due to improper sub -surface preparation
• Resilient flooring may suffer visible damage as a result of extreme high forces (up 1o2000 pound per square inch).

Common contributors of this type of force include but are not limited to stiletto or high heels, as well as nan-ow tipped chair supports. GT Impax Interlocking Tile resilient surfacing is not designed to perform under such concentrated high pressure.

Playcore will not accept claims for damage caused by extreme high force.

Additional Consideration
The Seller's liability is limited to the Inaterial and transportation cost of the repair or replacement of the product at the Seller's option. The Seller shall be responsible for the installation cost and the cost of -other work in connection with the repair and replacement only if such work was perforrned by Seller in the original installation. Where GT Impax Interlocking Tile are installed only in high traffic areas or installed in combination with other surfacing products not sold by the Seller, such GT hnpax Interlocking Tiles are excluded from this warranty. • In the event of repair, replacement, or refinishing under this warranty, the warranty applicable to the replacement material or to the repaired or refinished product will extend only for the time remaining under the original warranty.
• The Seller reserves the right to discontinue or change any design or color of any product at any time and without notice or liability. If, for any reason, products of the type originally purchased are no longer available at the time a warranty claim is made, Seller may substitute another product determined by Seller to be of comparable quality and price.
• THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARITCULAR PURPOSE.
• Your exclusive remedy for any breach of warranty is as set forth in the warranty. This warranty gives you specific legal rights. You may have other rights which vary from state to state.

Recycled Poured Rubber Surfacing

POURED IN PLACE (PIP)

WARRANTY
►'t;t ound I' ilttilliilCtlt
GameTime warrants the GT Impax recycled poured rubber surface (referred to as NP) installed and maintained in accordance to GameTime specifications, under this contract agreement for a period of five (5) years commencing from the date of substantial completion. This limited warranty shall provide for 100% of the cost for necessary repairs caused by the failure of the GT lmnax PIP due to workmanship and materials only, and pertains only to the surfacing material agreed to under this contract.

Water Play Equipment
GameTime warrants the GT Impax recycled poured rubber surface (referred to as PIP) installed and maintained in accordance to GameTime specifications, under this contract agreement for a period of three (3) years commencing from the date of substantial completion. This limited warranty shall provide for 100% of the cost for necessary repairs caused by the failure of the GT Impax PIP due to workmanship and materials only, and pertains only to the surfacing material agreed to under this contract.

Water Plait' Equipment Only: J uiiphatic binder is _ _. __fie , e i'ii �' (PIP) ..
gibber Sirrfue�re� t�1r) will curry
maximum one-year (1) warranty.

This limited warranty includes GameTime's obligation to only repair and/or replace any defective materials or workmanship in the surface area or surface areas that have failed during the warranty period. A failed area or failed areas include edge raveling, bubbling, delamination, peeling, and loss of integrity as a result of the GT Impax recycled poured rubber degradation. GameTime is under no obligation or responsibility to repair and/or replace the GT Impax recycled poured rubber "PIP" surface if damaged during the curing process (Unless specified in contract), damage by vandalism (including stains, cuts, bums, gouges, etc.), product misuse, abuse or alteration, improper slab or base or sub -base design or construction, improper drainage, improper or lack of specified required maintenance, any foreign residue that may be deposited on the surface, normal wear and tear (including slight color variations, and color fading), damage from sharp objects (high heels, spikes, etc.), problems caused by moisture, alkali, hydrostatic pressure, cracking, shifting, or litling of the substrate, or acts of God.

All wan•anty claims shall be made in writing to GameTime within thirty (30) days after the Owner has knowledge thereof, but in no event later than thirty (30) days after expiration of the warranty period. The written notification from the Owner shall include the following: the date of the first notice of the failure, details of the failure, photos of the failed area and a request for a warranty claim meeting with GameTime at the installation site (if applicable). GameTime shall not be responsible for warranty claims for any notices received from the Owner after thirty (30) days of Owner's first knowledge of the failure_
I of 2

Or MPA'
POURED
Recycled Poured Rubber Surfacing
Warranty
GameTime shall determine the validity of all claims after sufficient evidence has been gathered. GameTime shall then replace, repair or make a refund for any claims validated by it. Any refund, credit or allowance provided to the Owner on a warranty claim is exercisable only if said allowance is used to accommodate replacement with a GT Impax recycled poured rubber surface.

Any dispute as to whether and to what extent there is a GT Impax recycled poured rubber surfacing failure and a subsequent valid warranty claim within the meaning of this warranty shall be initially dealt with by joint investigation and discussion between GameTime and owner in order to achieve a mutually agreeable solution. If such a solution cannot be reached within thirty (30) days, then either the Owner of GameTime shall submit the matter to an arbitrator who is a member of the American Arbitration Association and who shall make a determination in accordance with the rules and regulation of said American Arbitration Association. The decision of said arbitrator shall be binding on both parties.

This limited warranty is exclusive of the underlying material (e.g. existing surface, existing or new asphalt, concrete, base, sub -base or sub -grade). If the underlying material fails for any reason whatsoever (including hydrostatic pressure, cracking, shifting, heaving), then GameTime warranty sha!l be rendered invalid. If the underlying material is concrete, a "curing agent" is NOT allowed, as it will probably cause delarnination of the GT Impax recycled poured rubber.

Additionally, there is no warranty against surface cracking along expansion joints and underlying cracks, or separating from an adjacent border, curb or walkway. This limited warranty does not include discoloration as a result of ultraviolet rays, unapproved cleaning materials or vandalism. WARNING: Surface temperatures can prove dangerous under warm weather conditions. Shoes and/or socks must be worn during warn weather conditions.

Owner agrees that it will not, under any circumstances, make alterations to the GT Impax recycled poured rubber surface without the written authorization of GameTime. Any unauthorized alteration by the Owner shall result in the immediate termination of all warranties for the GT Impax recycled poured rubber surfacing and shall also give rise to the duty of the Owner to hold harmless, defend and indemnify GameTime from any claim, suit or cause of action, personal injury, death, or property damage arising out of or related to said alteration.

This limited warranty is expressly made in lieu of any other warranties and is exclusive to the original Owner. Owner acknowledges that the limited warranty will be voided if the Owner fails to follow the GameTime Maintenance Guidelines provided by GameTime. Owner agrees that in no event shall GameTime have any liability to Owner for loss of use or loss of profits or any form of consequential damages. NOTE: The following chemicals can cause potential damage to the GT Impax recycled poured rubber and should be avoided: disinfectants, concentrated bleach, gasoline, diesel, hydraulic and lubricating oils, weak acids and organic solvents.

If the contract price is not paid in a timely manner as per the terms and conditions of the agreed contract, the limited warranty is automatically voided. Any damages to the surface during the curing period will be repaired or paid for at the Owner's expense. This limited warranty does not lessen or eliminate any other contractual obligation of Owner to GameTime.

Order number:

Name of project:

Customer:

Location:

Date of installation;
Representative:

Warrantor: GameTime
P. O. Box 680121, Fort Payne, AL 35968
800-235-2440
Date
I of 2

Turf
Product Specification
PART 1 — GENERAL
Work Details:

Provide all labor, materials, equipment, and tools necessary for the complete installation of synthetic grass safety surface. The system shall consist of, but not necessarily be limited to, the following:

Synthetic Grass: consisting of fibers that are nominal l 3/4 inch long. Turf fiber construction consisting of polyethylene monofilament and texturized polypropylene thatch tufted to a 2 -layer stabilized woven polypropylene fabric (primary backing), with a secondary backing (stitch binder) of urethane or Duraflo. (GT lmpax Turf T`'1 synthetic turf or equivalent).

Pad iindcrlavntent System A: consisting of porous closed cell composite materials. Thickness and density of panels shall be sufficient so that system meets the fall height requirements. GT Impax Turf TM Pad or equivalent.

Pad Undertayrttenl System B: consisting of 50% recycled tire buffings / 50% recycled '/a" —'/z" (inch) chunk rubber mixed with a urethane binder (min. l0%).

Synthetic Grass trafill: consisting of anti -microbial acrylic coated round silica particles, designed to provide the look, feel, and performance of optimally In—int-in" natural rT 1..,..a Turf T" 1...1:11 1___i
grass. l hapax l Ul L or \ JUI VQIGIII.

Quality Assurance and Compliance Details:

Intpaact Attouratinrr ASTA4 1292-04: Impact attenuation test results will be provided to the owner or owner's representative. These test results shall be certified and submitted on the letterhead of an independent testing lab. Impact attenuation test results shall meet or exceed Consumer Product Safety Commission Guidelines for impact attenuation (G - max and Head Injury Criteria (HIC).

Accessihiliir o1:Srn Price• Systems — ASTM F1951-08: All Playground surfacing products must pass testing to ensure wheelchair access under and around playground equipment as required by the American Disabilities Act.

F1ritmnnablliir of Finished Ffoor cover --ASTMD2859: Product shall meet requirements of ASTM D2859.

IPEM,d Cerfilicec►linrr: Manufacturer must provide proof of certification. "In the interest of public playground safety, IPEMA provides an independent laboratory which validates a manufacturer's certification of conformance to ASTM F 1292-04. A list of current validated products, their thickness and critical heights may be viewed at www.iI] enla.oi'g "

PART 1 — GENERAL (Continued)
Submittal Details:

General: Submit listed submittals in accordance with Conditions of the Contract and Submittal Procedures Section.

Product Data: Submit manufacturer's product data and installation instructions.

Verification Samples: Submit manufacturer's standard verification samples of 6" x 9" (153 mm x 229 mm) minimum.

Quality Assurancc/Control Submittals: Submit the following:

Certificate of qualifications of the playground surfacing installer.

Closeout Submittals: Submit the following:

Warranty documents specified herein.

PART 2 — MATERIAL DATA:

Sn i/wtie Grass: 1 s/., inch GT Impax Turf TM from Gametime or approved equal Face Weight:
• GT Impax Turf TM 50 oz/sy
• GT Impax Turf TM Elite 80 oz/sy
Face Yarn Type: Polyethylene
Yarn Size: 4200/9000
Pile Height:
• GT Impax Turf TM 1 3/4 inches
• GT Impax Turf TM Elite 1 3/4 inches
Color: Blend
Construction: Broadloom tufted
Stitch Rate: 8 per 3 inches
Tufting Gauge: 1/4"
Primary Backing: Stabilized woven Polypropylene (double thickness) Secondary_ Backing: 20 oz. Urethane or DuraFlo
Total Product Weight:
• GT Impax Turf TM 69.7 oz/sy
• GT Impax TurfrM 99.7oz/sy
Finished Roll Width" 15 feet

PART 2 — MATERIAL DATA (Continued):

Pad (imler•/arrrre, t Svs1em A: GT lmpax Turf M Pad Standard recycled, non contaminated, Post industrial cross-link, closed cell Polyethylene - polyolefin foam pad from Gametime Pad Underlayment System:

Foam Type: Polyethylene — polyolefin
Bulk Density: 4.0-6.0 lb/cu ft
Effective Size: 24 sq ft (net coverage)
Tensile Strength: 80 - 120 psi
Pad Lrnd r•lrrr ent System 8: 50% recycled tire buffings / 50% recycled 1" — %" (inch) chunk rubber mixed with a urethane binder (min. 10%).

Srrurlrc��rc Gruss Will: GT Impax Turf T"' infill from Gametime or approved equal Coating:

Priority acrylic, iron oxide and chromium oxide
Grain shape: 7.0 Mohs
Curvature: .65
Specific Gravity: 2.65 g/cm3
Bulk Density: 92-95 lb/cu ft
Uniform coefficient: I.00 to I.40
Effective Size: .90 - .95 mm
Blend rate: 3 to 4 lb per square foot.
c.,:r e z ,t:reveri:.!- 1OOO rle coated nylon �� ,, ,o» l-,» •d •.S • vaa iai• •.'JL• v ,vVrLLUf[I�`J� 1z_ YY IUV
Adhesive: Synthetic Turf Adhesive
PART 3 — SUB -BASE TYPES AND DETAILS
Sub -bast; Requirements - The base shall have the specific minimum slope (2%) and shall vary no more than 1 /8" when measured in any direction with a 10' straight edge.

Stone — The density requirement is 90% to 95% compaction with final condition of stone as level and stable so as not to shift when traveled on or during surface installation process. A compaction test is required and must be submitted to GameTime prior to installation of turf surfacing. Failure to provide proof of compaction test will void 5 -year warranty of turf surfacing should signs of sub -base failure occurs.

PART 3 - SUB -BASE TYPES AND DETAILS (Continued)
Depth: 4 inch minimum thickness.

Sititi�e; Stone elevation shall maintain 'W' per foot toward low end.

Porositi Base course shall maintain porosity for direct drainage.

Enclosure: Stone base course must be surrounded by a retaining curb.

Diainaue: Subsurface drainage is recommended under and around a stone base. Perforated pipe or similar system is acceptable.

Tolerances: '/" in any 10 -foot direction and 1/8" in any 3 -foot direction.

Stone Selection: It is critical that different size stones are used so that the base shall be uniformly mixed. The material shall be
wetted during mixing operations if necessary for proper blending.

Stone Graduation
U.S. Sieve
1"
Percent Passing
100
3/4" 90 - 100
No. 4 35 - 60
No. 30 10 - 30
No. 200 2 - 9
Concrete or Asphalt — Concrete should be finished with a medium broom finish. All new concrete slabs must cure for a minimum of seven (7) days prior to installation. Asphalt cure time requires fourteen (14) days. Once the new asphalt has cured, it must be pressured washed prior to the surfacing being installed. The concrete contractor shall be responsible for flooding the pad to insure proper slope and tolerance. Any areas holding enough water to cover a flat nickel shall be patched prior to arrival of turf installation crews.

Depth: 4 inch minimum thickness.

Slope: Concrete or asphalt shall maintain 1/4" per foot.

Tolerance: Concrete must maintain a tolerance of 1/8" in 10 ft. to avoid low areas that will hold water under the turf.

PART 4 - SITE PREPARATION AND REQUIREMENTS
C]rainaae — Having proper drainage at the low end of the concrete slab is of utmost importance. Any brick walls or curbs at the low end of the slab shall have drainage access through weep holes. Concrete curbing weep holes should be level with finish grade of sub -base or a minimum of 1/8" below top of concrete slab, as GT IMPAX turf surfacing is porous and water drains immediately through it. Weep holes shall be 2" high and 3" wide and shall be installed every three (3) feet. If weep holes are smaller than the recommended size, they shall be installed every I 8". Floor drains shall be located outside the high impact areas, as the drains may not be covered with GT IMPAX turf surfacing.

Recommended locations for drains are under play unit or against low -end wall or curb.

Security & Waste Disposal - Surface installation crew shall be responsible for the protection of surface during the installation process while on site only. Owner or general contractor shall be responsible for the protection of the surface during the curing period upon completion of the installation and overnight during the installation. Owner or general contractor shall be responsible for having a dumpster on site for all wastc and debris. Failure to provide security and a dumpster will result in additional cost.

Utilities & Access — Power and water must be available within 300 feet of installation.

Site will require tractor -trailer access. In a case where tractor -trailer access is not possible, owner or general contractor shall be responsible for transporting materials from delivering carrier to the installation site.

PART 5 — INSTALLATION
General: The arca to be smooth and graded to allow proper drainage. Refer to grading plan. The overall grade of the playground is not to exceed 3%.

Compacted Aggregate Base: Place 4 inches of aggregate base as leveling layer compacted to 90% of max density per AASHTO T99. Compaction shall be done with mechanical compactors, including vibratory compactors, and/or powered tampers, and rollers. Aggregate size should be 'A" minus (compactable).

Synthetic Ckuss: Place turf and cut to fit configuration as shown on Drawings.

Splice seams. All seams must be attached with splicing film/fabric and adhesive as approved by the manufacturer for this type of installation of their product.

Infill: Apply layers of synthetic grass infill evenly with a spreader and broom the turf fibers with stiff bristle broom to stand fibers up and allow infill to settle into the bottom.

Broom in GT Impax Turf T"' infill approximately 3 to 4 pounds per square foot. *(irr/i// is only required on the 60 oz., Dura Series. 80 oz Ultra Series does require limited to no MIA Mane factw•er always recommends at least a pound of m/r// per sq loot) Anclurring/Gctging: Edges of turf will be secured to ground with mechanical fasteners, stakes or edging.

PART 6 — WARRANTY
Gametime offers a 5 year limited product warranty on GT Impax Turf from the date of purchase. The product shall be free from defects in material and workmanship resulting in color loss.

Supplier's warranty excludes: any Product defect, damage or failure that is the direct result of Product abuse, misuse or negligent maintenance; and Product damage caused directly or indirectly by acts of third parties, including, without limitation, negligence of owner/operator, vandalism, machinery, animals, flood, chemical reaction, improper sub -surface preparation and/or installation, improper cleaning methods, and acts of God.

Ask your GameTime representative for a copy of our full GT Impax turf wan-anty details.

PART 7 — MAINTENANCE
Ask your GameTime representative for a copy of our full GT Impax turf maintenance details.

GTAII
Warranty
GameTime provides a ten-year limited warranty on all fabric canopies against tears, runs, cracking and mildew.

GameTime provides a ten-year limited warranty on all fabric colors against fading except for red, which carries a three-year warranty.

GameTime provides a 90 MPH (miles per hour) limited warranty on the fabric canopy against wind. The fabric canopy is to be removed if winds are expected to exceed 90 miles per hour.

GameTime provides a 10 to 20 pound per square foot limited warranty on the fabric canopy against snow and ice. The fabric is to be removed during Winter months when snow and ice is expected.

GameTime provides a ten-year limited warranty on all metal upright posts and support structure framing against failure due to structural integrity.

GameTime provides a one-year limited warranty against rusting and workmanship of painted surfaces.

GameTime provides a 90, 110 or 140 MPH (miles per hour) limited warranty on all metal upright posts and support structure framing. These calculations are with fabric canopy installed. Removing the fabric canopy will assist the metal structure to withstand higher winds by 10 to 20 MPH (miles per hour).

Above warranties are valid from the date of shipment.

All GameTime warranties will be void if damage to or failure to the shade fabric is caused by contact with chemicals, misuse, vandalism, any act of God, including but not limited to, ice, tnow or wind in excess of the applicable building code parameters.

All GameTime warranties are invalid if the fabric is installed on structures other than GTShade, if changes or field modifications are made without written authorization from GameTime or if the product isn't installed, or maintained in strict compliance with the manufacturer's specifications.

GameTime warranties do not cover the cost of removals, replacements or repairs.

Al! warranty claims must be filed in writing within the warranty period.

To the extent permitted by law, these warranties are expressly In lieu of any other implied or expressed warranties or representation by any person, including any implied warranty of merchantability or fitness. These warranties provide valuable rights to you. No Sales Representative can modify or amend the terms of this warranty.

To make a warranty claim, send your written statement of claim, along with the original purchase invoice or invoice number to:

GameTime
Customer Service
P. O. Box 680121
Fort Payne, AL 35968
Or Contact Your Local Representative at:

USA 1-800-235-2440
International 01-256-845-5610
Within 60 days of notice of claim under warranty, GameTime will make arrangements to replace the damaged product. GameTime will cover freight costs within the Continental United States. GameTime is not responsible for freight cost associated with products located outside the Continental United States. GameTime reserves the right to inspect all products identified as damaged.

Since warranty limitations and exclusions may vary from state to state, you should check any specific rights in your state.

GameTime
P. O. Box 680121
Fort Payne, AL 35968
Fax: 256-997-9653
Email: [email protected]
See GameTime on the web at www.gametime.corn
Gay Fly@�1Fr e
Enriching Childhood Through Play.
2 BigToys & EarlyWorks Environments Limited Warranty 12017 BigToys earl 6rk}
�n;�=�nnm�rrts '
A PIA , CORE Campany

LIMITED WARRANTY ON BIGTOYS
BigToys provides a lifetime limited warranty on BigToys: a fifty-year limited warranty on recycled plastic lumber including solid recycled plastic decking, enclosure and roof components; a fifteen -year limited warranty on pipes, rails, loops, and rungs; a lifetime limited warranty on metal upright posts; and a one-year limited warranty on powder coated parts. These warranties cover damage due to failure or corrosion of metal parts that cause the product to become structurally unfit for its intended use. Lifetime warranty covers the life of the product as defined below and cover the product under normal use, proper maintenance and at original installation location; see exclusions.

LIFETIME LIMITED WARRANTY ON HARDWARE
BigToys provides a lifetime warranty against structural failure due to breaking or shearing which causes the product to become structurally unfit for its intended use; a lifetime warranty on stainless steel hardware again rust; and a one-year limited warranty on hardware against rust; see exclusions. All testing of BigToys hardware is performed under the guidelines of ASTM 8117. The lifetime warranty refers to life of the product as defined below and covers the product under normal use and proper maintenance. The cost of the replacement due to scratching or cutting of certain hardware plating is not included in this warranty.

LIMITED WARRANTY ON INTEGRATED SHADE PRODUCTS
BigToys provides a ten-year limited warranty on fabric canopies against tears, runs, cracking, mildew and color fading except for red, which has a three-year color warranty. Canopies have a limited warranty against structural failure due to wind of up to 90 miles per hour (mph) and structural failure due to snow and ice loading exceeding five pounds per square foot. Fabric canopies are to be removed if winds are expected to exceed 90 mph or when snow or ice is expected. Fabric warranty does not cover damage resulting from chemical contact.

All metal upright posts and support structure framing have a ten-year limited warranty against becoming structurally unfit for the intended and a one-year limited warranty against rusting and workmanship of painted surfaces. Warranty is limited to winds of up to 90 mph when fabric canopies are installed (wind resistance improves 10 to 20 mph without canopies). llPage

BigToys & EarlyWorks Environments Limited Warranty 12017

FIFTEEN -YEAR LIMITED WARRANTY ON ROTOMOLDED PRODUCTS
BigToys provides a fifteen -year limited warranty on rotomolded products and ten-year limited warranty on polyethylene handholds for structural integrity against damage due to breaking or splitting under normal use that causes the product to become structurally unfit for its intended use; see exclusions. In the event of a claim under this warranty, BigToys will replace the rotomolded product at no cost to the customer.

LIMITED WARRANTY ON CONDITIONED WOOD
BigToys provides a fifteen -year limited warranty on conditioned wood components including decks, enclosures and roofs and on conditioned wood uprights utilizing metal footings; and an eight year limited warranty on conditioned uprights without metal footings against structural failure due to deterioration from fungi or insects that render the product to become unfit for its intended use; see exclusions.

LIMITED WARRANTY ON NET CLIMBERS AND COMPONENTS
BigToys provides a five-year limited warranty on nylon -covered cable net climbers and components against structural failure caused by cable breakage; a five-year limited warranty on nylon -covered cable wear and deterioration resulting from defects in material and workmanship; and a one-year limited warranty on nylon rope products. These warranties cover damage due to failure that cause the product to become structurally unfit for the intended use; see exclusions.

LIMITED WARRANTY ON SITE FURNISHINGS
BigToys provides a ten-year limited warranty on site fumishings against structural failure and a one-year limited warranty on powder coating. These warranties cover damage due to failure or corrosion of metal parts that cause the product to become structurally unfit for the intended use; see exclusions.

LIMITED WARRANTY ON FIBERGLASS SIGNAGE AND HDPE PANELS
BigToys provides a ten-year limited warranty on fiberglass sign panels against delaminating or fading and a five-year warranty on high density polyethylene (HDPE) panels against degradation and discoloration.

FIVE-YEAR LIMITED WARRANTY ON BELT AND INFANT SWING SEATS BigToys provides a five-year limited warranty on belt and infant swing seats against structural failure that causes the seats to become unfit for its intended use; see exclusions. 21Page

BigToys & EarlyWorks Environments Limited Warranty 2017

FIVE-YEAR LIMITED WARRANTY ON FREENOTES INSTRUMENTS AND POSTS Freenotes Harmony Parks instruments and posts carry a five-year limited warranty against failures in manufacturing or materials.

TWO-YEAR LIMITED WARRANTY ON MOVEABLE PARTS
BigToys provides a two-year limited warranty on moveable plastic and metal with respect to failure due to material or production defects.

ONE-YEAR LIMITED WARRANTY ON ALL OTHER BIGTOYS PRODUCTS Products included in the BigToys catalog that are manufactured by other PlayCore companies, including but not limited to UltraSite, UltraPlay, UltraShade and UltraShelter, will maintain the warranty of each respective brand.

For the purpose of this warranty, lifetime encompasses no specific term of years, but rather that Seller warrants to its original customer for as long as the original customer owns the Product and uses the Product for its intended purpose that the Product and all parts will be free from defect in material and manufacturing workmanship.

The warranty is not effective if products have not been installed properly according to the instructions provided by BigToys, or maintained correctly according to the BigToys Maintenance Manual.

BigToys excludes from these warranties the cost to remove parts and reinstall replacements; replacement due to cosmetic defects or coating deterioration caused by climatic conditions; and wood replacement resulting from twisting, warping, checking, shrinking, swelling or other natural physical properties of wood.

The warranty does not cover normal wear and tear, surface corrosion on metal parts, discolored surfaces and other cosmetic issues or failures due to misuse or vandalism.
31Page

BigToys & EarlyWorks Environments Limited Warranty 2017 To the extent permitted by law, these warranties are expressly in lieu of any other implied or expressed warranties or representation by any person, including any implied warranty of merchantability or fitness. These warranties provide valuable rights to you. No Sales Representative can modify or amend the terms of this warranty.

Claim Procedure
To make a warranty claim, send your written statement of claim, along with the original purchase invoice or invoice number to:

BigToys
Customer Service
P.O. Box 680121
Fort Payne, AL 35968
Or Contact you local Representative at
USA 1-866-814-8697
Within 60 days of notice of claim under warranty, BigToys will make arrangements to replace the damaged product. BigToys will cover freight costs within the continental United States. BigToys is not responsible for freight costs associated with products located outside the continental United States. BigToys reserves the right to inspect all products identified as damaged.

Since warranty limitations and exclusions may vary from state to state, you should check any specific warranty rights in your state.

See BigToys on the web at www.bigtoys.com
41 ISO
9001
MEM
1400101004
PIED

INTERNATIONAL
T

MANUFACTURERS

ASSOCIATION

MEMBER -

4 CoFoR_pdo
TPLA C =STEMS 40 PLAYCORG

MULTISPORT SCOREBOARD & CONTROLLER

WARRANTY AND LIMITATION OF LIABILITY
This Warranty and Limitation of Liability (the "Warranty") sets forth the warranty provided by Colorado Time Systems (Seller) with respect to Multisport Equipment. By accepting delivery of the Equipment, Purchaser agrees to be bound by and accept these terms and conditions. All defined terms within the Warranty shall have the same meaning and definition as provided in the Agreement,
1, Scoreboard Warranty Coverage
a. Seiler warrants that models: BB-xxxx, BK-xxxx, CM-xxxx, FB-xxxx, CLK-xxxx, CR-xxxx, HK-xxxx, LX-xxxx, and SC-xxxx series of scoreboards will be free from defects in materials and workmanship for a period of five (5) years (the "Warranty Period").

The warranty period shall commence as soon as the Purchaser, customer or any other party occupies or operates the scoreboard, or 3 months after shipment. b. Seller's sole responsibility for any breach of the foregoing warranty shall be to repair or replace equipment or parts not forming to the aforesaid warranty at Seller's option either on -site or upon return thereof to Seller. Return transportation charges shall be pre -paid by Purchaser. Returned products must be properly packaged. Upon repair, Seller will pay return shipping costs for ground transportation only. Overnight, express, or other special shipping costs will be paid by Purchaser.
c. Defects shall be defined as follows. With regard to the Sconehnnrds (exreptinn LEDs), a "Defect" shall refer to a material variance from the design specifications that prohibit the Scoreboard from operating for its intended use. With respect to LEDs, "Defects" are defined as LED pixels that cease to emit light. The limited warranty provided does not impose any duty or liability upon Seller for partial LED pixel degradation. Nor does the limited warranty provide for the replacement or installation of communication methods including but not limited to: wire, fiber optic cable, conduit, or trenching for the purpose of overcoming local site interference radio equipment substitutions.

2. Controller Warranty Coverage
a. Seller warrants that wireless controller models: WHC-1 and WTTC-1 will be free from defects in materials and workmanship for two (2) years (the "Warranty Period").

The warranty period shall commence as soon as the Purchaser, customer or any other party occupies or operates the controller, or 3 months after shipment. b. Seller's sole responsibility for any breach of the foregoing warranty shall be to repair or replace equipment or parts not forming to the aforesaid warranty at Seller's option either on -site or upon return thereof to Seller. Return transportation charges shall be pre -paid by Purchaser. Retumed products must be properly packaged. Upon repair, Seller will pay return shipping costs for ground transportation only. Overnight, express, or other special shipping costs will be paid by Purchaser.

3. Conditions and Limitations
1551 E 11'h Street, Loveland, CO 80537 USA • +1(970)667-1000 + (800)279-0111 • +1(970)667-5876(fax) www.coioradotime.Cnm — rev 06/13

a. This warranty covers equipment provided under agreement by Seller only. Seller reserves the right to use new or equivalent to new parts in the service of its products. This warranty does not apply to independent third party installation or service labor. It does not provide routine or emergency maintenance services. It does not apply to normal LED degradation, or replacement of batteries. b. Said warranty shall not apply to resulting damage in any of the following cases:
i. Neglect, abuse or damage caused by user Including Failure to operate and maintain according to end -user documentation furnished with the product.
ii. Improper storage, installation, maintenance or servicing of the equipment by anyone other than Seller or an Authorized Seller's representative. iii. Improper environmental control (storage and/or usej of electronic equipment.
iv. Power surges, water damage, lightning or other "acts of nature." v. Vandalism or acts of terrorism or war.
vi. Excessive application of electrical power or improper power connection. vii, Removal of warning labels and protection devices.
viii. Installing non -factory replacement parts.
ix. Use of high-pressure washers or exposure to concentrated detergents or other chemical agents or solvents.
c. Disclaimer
i. Sad warranty is in lieu of all other warranties of Seller, express or implied, and except to the extent herein provided, Seller does not make any warranty whatsoever to Purchase including, without limitation, any warranty of merchantability or fitness for any particular use or purpose.

Seller's entire liability and Purchaser's exclusive remedy for damages from any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to actual damages up to the purchase price of the Equipment. The foregoing limitation of liability MI not apply to claims by Purchaser for bodily injury or damage to real property or tangible personal property for which Seller is legally liable. In no event shall Seller be liable for any special, punitive, or consequential damages or lost profits even if Seiler has been advised of the possibility of such damages. Seller will not be liable for any claim by Purchaser based on any third party claim.
1551 E 111h Street, Loveland, CO 80537 USA • +1(970)667-1000 • (800)279-0111 • +1(970)667-5876(fax) wtwv.colorar4olime,com — rev 06/13

Equipment Warranty
Colorado Time Systems warrants the following products against any defects in materials and workmanship affecting electronic and mechanical performance for two years from the date of purchase: Timing Consoles, Start Systems,Touchpads, Relay Judging Platform, Shot Clocks, Pace Clocks, LED and Light Reflective Scoreboards, and Matrix Displays. Colorado Time Systems warrants Titanium Deckplates against any defects in materials and workmanship for five years from the date of purchase.

All other components associated with the above equipment including cable harness, deckplates (excluding Titanium Deckplates), wallplates, push buttons, test meters, microphones, speakers, data cable, etc. will have a one-year limited warranty. Dolphin Wireless Stopwatch Systems are also warranted for one year; not including the batteries. Any computer equipment associated with the above products has a six-month limited warranty.

Colorado Time Systems' products, when properly installed, are warranted not to fail due to defects in materials and workmanship. This warranty is limited to the original purchaser of the product and is not transferable.

Colorado Time Systems will, a its option, repair or replace the defective product at no additional charge except as set forth below. Repaired components, parts, and replacement products will be furnished on an exchange basis and will be either reconditioned or new. All replaced parts and products become the property of Colorado Time Systems. This limited warranty does not include service to repair damage to the product due to the modification of the product, misuse, abuse, neglect, negligence, vandalism, accident, or abnormal conditions including: war, flood, accident, lightning or other acts of God or damage caused by occurrences over which Colorado Time Systems has no control.

Limited Warranty service may be obtained by delivering the product or component part to Colorado Time Systems. You agree to insure the product or assume the risk of loss or damage in transit, to prepay shipping charges to the service location, and to use the original shipping container or equivalent. Repaired products will be returned to you by surface delivery at Colorado Time Systems' expense or by air freight at the buyer's expense. On -site service calls are available for a fee.

All expressed and implied warranties for these products including the warranties of merchantability and fitness for a particular purpose are limited in duration to a period of two years (or one year, as applicable), from the date of purchase and no warranties, whether expressed or implied, will apply after this period. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

If the product is not in good working order as warranted above, your sole remedy shall be repair or replacement as provided above. In no such event will Colorado Time Systems be liable to you for any damages, including lost profits, lost savings, or other incidental or consequential damages arising out of the inability to use the product, even if Colorado Time Systems has been advised of the possibility of such damages or for any claim by any other party.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty give you specific legal rights, and you may also have other rights which may vary from state to state.

Rev 02/16
da� e FLA CORE c..0.,v
C0[0R�Ada
TIM 5 STEMS
Colorado Time Systems 11551 E 11th Si I Loveland, CO 80537 I USA I +1(970)667-1000 I +1(970)667-5876 (fax) I www.coloradotime.00m I (800)279-0111

LTLI&+C=7
• rL,� 'cone-

WARRANTY
Dero will warrant its products against defects In workmanship and materials for a period of (12) months from the date of delivery for all products consisting of TGIC powder coat, Thermoplastic powder coat, stainless steel finishes, and for a period of two years on products consisting of galvanized or Thermoplastic/PVC rubber dip over galvanized finishes. Under this warranty, Dero's liability Is limited to repair or replacement, at Dero's option, of products found in Dero's reasonable judgment to have been defective in workmanship or materials.

This warranty does not cover failure due to negligence, abuse, vandalism, accidents, lack of maintenance, or improper installation; nor does it cover defects or faiture due to products tampered with, altered, modified or repaired by anyone not approved by Dero.

The air pump for the Dero Air Kit 1 is warranted for above freezing temperatures. The air pump is not warranted in below freezing temperatures and it is strongly recommended that air pumps are removed and stored indoors during periods of below freezing temperatures. There is a six month warranty period for the pump, parts and gaskets. Acts of God, improper use or vandalism are not covered by this warranty The Dero Air Kit 2 and Air Kit 3 are warranted for temperatures ranging from -30 — 110 degrees. There is a one year warranty period for the pump, parts and gaskets, and a six-month warranty on the hose and pumphead. Acts of God, improper use or vandalism are not covered by this warranty Dero will assume transportation charges for return of the defective product if returned by the buyer in accordance with written instructions from Dero. Dero will not be responsible for providing the cost of labor for removal or installation of the defective product or any replacement. In no event shall Dero be liable for special, inherent or consequential damages, including, without limitation, loss of use or profits.

Proof of sale from Dero or from an approved dealer is required. The foregoing warranty is exclusive and is given and accepted in lieu of any and all other warranties, expressed or implied. including, without limitation, the implied warranties of merchantability and fitness. The remedies of buyer for any breach of warranty shall be limited to those provided herein.

No agreement varying or extending the foregoing warranty will be binding upon Dero unless it is in writing and signed by a duly authorized officer of Dero.

Any questions regarding this warranty should be directed to:

Dero
504 Malcolm Ave SE
Suite 100
Minneapolis, MN 55414
Toll free 888-337-6729
www.dero.com

LIMITED WARRANTY
Everlast Climbing Industries, Inc. ("ECI") warrants to the original purchaser that products from ECI will be free from defects in materials and workmanship for a period of one full year from the date of purchase, normal wear and tear excepted. Should the products purchased directly from ECI, or authorized partners, fail to conform to this warranty during this one year warranty period, ECI will, at its option, repair or replace the faulty unit(s) at no additional charge. This limited warranty does not include service to repair damage to the products purchased from ECI, or authorized partners, resulting from a cause other than defect or malfunction, including neglect, accident, unreasonable use or servicing or modification by anyone other than ECI.

EXCEPT AS SET FORTH ABOVE, ALL PRODUCTS PURCHASED FROM ECI ARE SOLD "AS IS." ECI MAKES NO WARRANTIES EXPRESS OR IMPLIED HEREUNDER AND

SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

Warranty service may be obtained by contacting ECI in writing at the address shown below within one year of original purchase and providing proof of purchase date. You, the original purchaser, agree to pay the cost for ECI to ascertain that damages have occurred. For further information, contact:

Everlast Climbing Industries, Inc.,
1335 Mendota Heights Road, Mendota Heights, MN 55120
Phone: (651) 665-9131 Toll Free: (800) 476-7366
All warranties on the products purchased from ECI are limited to one year from the date of purchase.

Failure to install and maintain products according to ECI's Installation and/or Maintenance Instructions will void this warranty. Any modifications or changes to the product's panels, wall products or hand holds, without ECI's express written approval, will void this warranty.

If the product does not conform with the warranties given as stated above, your remedy is to have the unit repaired or replaced as provided above. In no event will ECI be liable for any loss or damage, including damages of any kind arising out of the use of or inability to use this product, for incidental or consequential damages, or for any claim by anyone other than you, the original purchaser.

Some states do not allow limitations on warranties and do not allow the exclusion or limitation of incidental or consequential damages, so any such limitation or exclusion may not apply to you.

This warranty gives you specific legal rights which may vary from state to state.

Purchasing Entity:

Purchase Date:
* Keep this document for your records and proof of warranty_ 1 GT GRANDSTANDS
A P(� CORE Company
NR - SERIES — ALUMINUM ANGLE FRAME
MANUFACTURER: GT Grandstands, Inc., 2810 Sydney Road, Plant City, FL 33566, Ph (866) 550- 5511, Fax (813) 305-1419
DESIGN: The bleachers shall be designed to support, in addition to their own weight, a uniformly distributed live load of not less than 100 psf of gross horizontal projection of the bleachers. All seat and foot plank members shall be designed to accommodate 200 plf across a 6' span with a maximum deflection of 9/16".

The bleachers shall be designed to resist, with or without a live load, a horizontal wind load of 30 psf of gross vertical projection. In addition to the live load, the bleachers shall be designed to resist the following sway Forces: (1) 24 plf of seat plank in a direction parallel to the length of the seat, and (2) 10 Of of seat plank in a direction perpendicular to the length of the seat. Under these loads, stresses in aluminum members and connections shall not exceed those specified for Building Type Structures by the Aluminum Association.

CONSTRUCTION: The understructure, including crossbracing, shall be of a welded, aluminum angle (6061- T6 alloy, mill finish) construction. The understructure of each unit shall consist of frames spaced at 6' centers joined by crossbracing at adequate points to comply with the design loads.

FRAME MEMBER SIZES:

Seat Posts: 3" x 2"x 3/16" min. (Row 2)
1 3/4" x 1 3/4" x 3/16" min. (AII other rows)
Foot Brackets: 2" x 2" x 3/16" min.

Crossbracing: 1 1/2" x 1 1/2" x 3/16" min.

Bottom Runners: 2" x 2" x 3/16" min.

DIMENSIONS: The rise per row shall be 7", seat height 16" above respective tread, and tread depth per row of 24". Overall depth of unit is 2' 9-5/8". Clear width of unit is 15'. Top row seat height is 1'-11".

SEAT PLANKS: Seat planks shall be 2"x10" nominal, extruded 6063-T6 aluminum alloy with a clear anodized finish and end cap. (Finished size shall be 1 3/4" x 9 5/8", .075" wall with two internal legs.).

TREAD PLANKS: Tread planks shall be of one 2"x10" nominal, extruded 6063-T6 aluminum alloy with a mill finish and end cap. (Finished size shall be 1 3/4" x 9 5/8", .075" wall with two internal legs.).

ALUMINUM PLANK HARDWARE: Tie -down assemblies consisting of a four-way adjustable aluminum clip, with galvanized bolt with nut and washer shall be provided for each connection point at each support.

WARRANTY: GT Grandstands warrants to the Buyer that its bleachers shall be free from defects in material and workmanship under normal use far a period of five (5) years provided they are installed per GT Grandstands installation instructions and that component parts supplied by GT Grandstands are used. GT Grandstands' obligation under this warranty shall be limited to repair and exchange of any such item, which may prove defective under normal use (vandalism and premeditated damage excluded) during such period. GT Grandstands will release the warranty documents to the buyer only after the Buyer has paid GT Grandstands in full the final contracted amount.

Freenotes
a coon
Outdoor ark,,),
Masi cal Insscvrncnes
Freenotes Harmony Park Warranty
Our Outdoor Musical Instruments are designed for durability and playability. We are confident that they will withstand all types of normal weather conditions and normal frequent play. They will never need re -tuning and can be enjoyed by all, any age or ability.

All Freenotes Harmony Park ("FHP") instruments will be built to our documented procedures and with the highest quality. Our warranty provides that our products will be free of defects in manufacturing and material.

Warranty hegins nn data of shipment If any fails irec in many rfartr rring nr materials occur within the applicable warranty period, FHP will provide replacement parts or products as determined by FHP within 30 days after written notification.

All FHP products carry a 5 -year limited warranty on all standard/stock instruments and posts. All custom instruments and posts carry a 90 day warranty.

This warranty is valid for purchases on or after January 1, 2016.

This warranty is valid only if the mounting/assemhly and nro ind/fntindatinn wnrkc are carried out as described in the Installation Instructions of your FHP products and maintained according to the maintenance instructions provided by FHP. For all warranty issues it is the responsibility of the customer to cover all shipping costs, when necessary, for warranty items. FHP will not be responsible for providing labor or labor costs for the replacement of products or parts.

All replacement parts or products will be covered for the duration of the original warranty.

All products must be inspected immediately upon arrival. It is your responsibility to note any shipping damage on all copies of shipping paperwork. You must report any damage within 48 hours to Freenotes Harmony Park or to your FHP distributor.

Damage not reported within this time frame cannot be covered under warranty.

FHP cannot warrant against:

Theft, vandalism, misuse, negligence or accident.

Scratches on paint, aluminum, or any finishes.

Cosmetic issues or wear and tear from normal use.
194 Bodo Dr. Suite F, Durango, CO 81303, P: (970) 375-7825, F: (970) 247-0856

National Recreation Systems
A PLA` CORE company
5120 Investment Drive, Fort Wayne, IN 46808
Toll Free (888)-568-9064
Fax (260)-482-7449
E-mail: salesrableachers_net
Online: www.bleachers.net

OWER

SYSTEMS
PLAYCORE COA‘PA.S,
Limited Warranty Information;
The product I purchased is not what I expected. Can I return the product? You may return items within 30 days of receipt for a refund. All products are warranted free of manufacturer defects for 90 days from invoice date. No other warranty, written, or implied, exists unless noted on the website or in the catalog.

To return a product, please call our customer service department 800.321.6975 to receive a return merchandise authorization number. You must have pre -authorization prior to returning a product.

Due to manufacturing changes and raw material costs, some product characteristics may vary slightly and prices may be affected.

Warranties
Power Systems (PS), LLC issues limited warranties on some of our products. We do list 3 and 5 years on some products - this does not cover normal wear and tear. This limited warranty states that the goods shall be free from defects in material and workmanship.

This warranty shall not apply in the event of defects caused by: (I.) Physical abuse of the goods or any component or acts of vandalism by any persons. (II.) Alterations, modifications made to our products will void the warranty. (III.) This warranty does not extend to normal wear and tear of a product.
i")OVIC r
y0 r
potential

S
•
•
CTR
M
c.

WAR RA\TY
°T T \ -"1A
�1i_1'�:`1 '. \ ..:.fir-',�.j,`� `..
, 7L�' �r` C _ r 1'
TEEL_. DECK
What is covered by this warranty? Spectrum Aquatics° warrants all products it manufactures to be free from defects in materials and factory workmanship to the original buyer. This warranty is contingent upon the proper installation, use, care and operation of the equipment for its intended purpose, and does not cover equipment that has been modified or has been subjected to abusive physical or environmental stresses. Spectrum Aquatics° agrees to repair or replace, at its sole discretion, any product that fails to perform as specified within the specified warranty period, unless otherwise noted. Warranty on pool lifts and lift components will be valid from the date of installation, which is verified by sending in the warranty card. In cases where the warranty card is not returned to Spectrum Aquatics, the beginning date for the warranty period will be the date that the pool lift was shipped from Spectrum This warranty relates only to defects in materials and workmanship and does not include damage or failure resulting from other causes, including, but not limited to, acts of God, misuse or abuse, accident or negligence, fire, improper installation or ice damage.

This warranty does not apply to fading of materials or to any corrosion of any metallic parts. Damage induced by the improper use of chemicals is not covered by this warranty. In the event that products are altered or repaired by anyone without the prior written approval of Spectrum Aquatics°, all warranties are voided.

What will Spectrum do related to the product covered by this warranty? Spectrum shall provide, F.O.B. the factory, new or reconditioned replacement product or parts (Spectrum's option). This warranty does not cover labor to remove or install equipment and parts.

What is not covered by this warranty? Damage or loss in transit as indicated by bill of lading, normal wear and tear, chemical damage, discoloration, misuse and damage or loss caused by neglect, abuse, vandalism, modification, improper installation, lack of proper maintenance (such as keeping products clean, lubricating battery contacts on lifts, etc.) or physical damage are not included in this warranty. See owner's manual for recommendations related to the use and care of the product.

Powder Coated Products: This warranty does not cover chipping, flaking, scratches or any other surface defect due to abuse, mishandling of product, or lack of maintenance and care. Due to the corrosive environments, this warranty does not cover surfaces damaged during handling or installation. Although powder coating on product is designed for long-term use, keeping products outside in the elements, inside a highly humid environment, excessive washing (including power washing) or improper maintenance may result in premature corrosion.

Parts: Components of products provided by other manufacturers are subject to the original equipment manufacturers (OEM) warranty.

Examples include but not limited to batteries, actuators, control systems, valves, pumps, etc.

IMPORTANT: TO ENSURE SAFE OPERATION, USERS MUST COMPLY WITH THE PUBLISHED WEIGHT LIMITS ON SEVERAL PRODUCTS SUCH AS SLIDES, LIFTS, CHAIRS, STARTING PLATFORMS, STANDS AND LADDERS. REFER TO PRODUCT LITERATURE AND MANUALS FOR THESE LIMITATIONS.

To make a warranty claim, contact:

Spectrum Aquatics®
7100 Spectrum Lane
Missoula, MT 59808
[email protected]
Your Rights Under State Law: This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state. Spectrum Aquatics' disclaims all liability for damage during transportation, for incidental, special or consequential damage of whatever nature, for damage due to handling, installation, or improper operation, or for damage caused by circumstances beyond Spectrum Products"" control; in no event shall recovery of any kind against Spectrum Products'" be greater in amount than the purchase price of the equipment sold by Spectrum Aquatics" that caused alleged damage. Spectrum Aquatics" makes no warranties either expressed or implied, including any warranty of merchantability or fitness for particular purpose, other than these stated. Some states do not allow the exclusion or limitation of incidental or consequential damages, or limitations on how long on implied warranty lasts, so the above exclusions may not apply to you No representative has authority to change or modify this warranty in any respect

np1

PLAYSYSTEMS
UPtay Today' Warranty
UltraPlay Systems, Inc. warrants its products to be free from defects in materials and/or workmanship, sub- ject to normal usage and installation, for a period of 1 -year from the date of shipment to the original pur- chaser. In the event of a claim under this warranty, UltraPlay Systems will replace the component at no cost within the first 12 months from date of shipment to the original customer. Equipment not specifically ad- dressed in the following paragraphs is also subject to this limited 1 year warranty against defects in materials and/or workmanship.

TEN-YEAR LIMITED WARRANTY ON UPRIGHT POSTS
UltraPlay Systems provides a limited warranty on metal upright posts to be free from defects in materials or workmanship against structural failure which causes the product to become unfit for its intended use, subject to normal usage and installation, for a period of 10 years from the date of shipment to the original customer.

FIVE-YEAR LIMITED WARRANTY ON METAL PARTS
UltraPlay Systems provides a limited warranty on metal decks, steps, stairs, rails, pipes, support posts, rungs, loops, swing frame yokes and clamps to be free from defects in materials or workmanship against structural failure which causes the product to become unfit for its intended use, subject to normal usage and installa- tion, for a period of 5 years from the date of shipment to the original customer.

FIVE-YEAR LIMITED WARRANTY ON GROUND -MOUNT METAL PARTS UltraPlay Systems provides a limited warranty on metal footers, inground footers, surface mount plates, ground spikes, slide and climber mounting posts and plates to be free from defects in materials or work- manship against structural failure which causes the product to become unfit for its intended use, subject to normal usage and installation, for a period of 5 years from the date of shipment to the original customer.

THREE-YEAR LIMITED WARRANTY ON PLASTIC PARTS
UltraPlay Systems provides a limited warranty on the following plastic parts: slides, climbers, roofs, tunnels, bridges, panels and border timbers.These components are warranted to be free from defects in materials or workmanship, subject to normal usage and installation, for a period of 3 years from the date of shipment to the original customer.

ONE-YEAR LIMITED WARRANTY ON HARDWARE
UltraPlay Systems provides a limited warranty on hardware to be free from defects in materials or work- manship against structural failure due to breaking or shearing, subject to normal use and installation, for a period of 1 year from the date of shipment to the original customer.

ONE-YEAR LIMITED WARRANTY ON HDPE CLIMBERS AND HDPE SPRING RIDERS UltraPlay Systems provides a limited warranty on high density polyethylene (HDPE) climbers and spring rid- ers against degradation for a period of 1 year from the date of shipment to the original customer.

ONE-YEAR LIMITED WARRANTY ON SPRING RIDER METAL PARTS
UltraPlay Systems provides a limited warranty on metal springs, bases and brackets of spring riders to be free from defects in materials or workmanship against structural failure which causes the product to become unfit for its intended use, subject to normal usage and installation, for a period of 1 year from the date of shipment to the original customer.

ONE-YEAR LIMITED WARRANTY ON STRAP AND TOT SEAT
UltraPlay Systems provides a 1 year limited warranty on strap and tot swing seats against structural failure that causes the seat to become unfit for its intended use. Additionally, chain, "S"- hooks and hangers are cov- ered under a one-year limited warranty.

LIMITED WARRANTY ON SITE FURNISHINGS
UltraPlay Systems provides a five-year limited warranty on the finish of thermoplastic coated site furnishings from the date of shipment to the original customer. Additionally, all site furnishings are guaranteed to be free from defects in materials or workmanship for one-year from the date of shipment to the original cus- tomer.

All warranties specifically exclude damage caused by man-made or natural disasters, vandalism, negligence, improper installation or improper use, modification, changes in appearance resulting from weathering, scratches, dents, discoloration, normal wear and tear, or marring as a result of public or private use.

Claims are limited to replacement of equipment only and do not include any costs associated with labor, removal or installation of the original or replacement product.

Warranties are valid only if products are installed and maintained in accordance with UltraPlay installation instructions and use of approved parts.

This warranty is applicable to the original owner only. Warranties are non -transferable.

Cfaim Procedure: To make a warranty claim, send your written statement of claim, photographs of defective equipment along with the original purchase invoice or invoice number to:

UltraPlay Systems
Customer Service
1675 Locust Street
Red Bud, IL 62278
Or Contact a Customer Service Representative at:
1-800-458-5872
Within 60 days of notice of claim under warranty, UltraPlay Systems will make arrangements to replace the damaged product. UltraPlay Systems will cover freight costs within the continental United States. UltraPlay Systems is not responsible for freight costs associated with products located outside the continental United States. UltraPlay Systems reserves the right to inspect all products identified as defective. Photos of defective equipment may be required to accompany warranty claims.

Since warranty limitations and exclusions may vary from state to state, you should check any specific war- ranty rights in your state.

Date of Purchase:

Purchaser:

UltraPlay Invoice Number;
Authorized UltraPlay Signature
Title
Visit UltraPlay on the web at www.ultraplay.com & www.uplaytoday.com w
1M E X111 B E R

9.4 VPEMA
[h IRMAMMA L I[O £!11 1 R

ultra :s_ E

WARRANTY
UltraSite provides a limited warranty on site furnishing products. These warranties cover damage due to failure or corrosion of metal parts that cause the product to become structurally unfit for its intended use. The warranty covers the life of the product as defined below, and covers the product under normal use with proper maintenance, and at original installation location. See exclusions* (page 5).

THERMOPLASTIC COATED PRODUCTS
UltraSite provides a 5 -year Limited Warranty on Thermoplastic coated site amenities.

UltraSite guarantees all items for one full year to be free of defects in workmanship or materials when installed and maintained properly. We agree to repair or replace any items determined to be defective. Items specifically not covered by this warranty include vandalism, man made or natural disasters, lack of maintenance, normal weathering, or wear and tear due to public abuse.

Items damaged or lost in transit are the responsibility of the carrier, whether visible or concealed. It is the responsibility of the recipient to assure that the order is received complete. Before signing the delivery receipt, inspect the shipment immediately and completely. Note any damages or shortages on the bill of lading. Damage reports must be filed within 5 days. UltraSite is not responsible for damages or loss in transit. Title to all goods passes to the customer at the time of shipment. UltraSite will assist in filing claims if the freight arrangements were made by UltraSite at your request.

HARDWARE
UltraSite provides a lifetime limited warranty on hardware against structural failure due to breaking or shearing which causes the product to become structurally unfit for its intended use; a lifetime warranty on stainless steel hardware against rust; and a one-year limited warranty on hardware against rust. See exclusions. The lifetime warranty refers to the life of the product as defined below and covers the product under normal use and proper maintenance. The cost of replacement due to scratching or cutting of certain hardware plating is not included in this warranty.

RECYCLED PLASTIC LUMBER PRODUCTS
UltraSite provides a 5 -year limited warranty on recycled plastic lumber products in normal applications against splintering, decay or structural damage directly from termites or fungal decay that causes the product to become structurally unfit for its intended use.

See exclusions* (page 5)
UltraSite Warranty Created 1.2017

a pix,.'cons �
UltraSite guarantees all materials and workmanship for 5 -years on any product made completely from our 100% Recycled Plastic. The guarantee excludes vandalism, improper use, product alterations, misuse, negligence, accident, theft, corrosion caused by chemicals, ice or snow damage and acts of God.

IPE WOOD, RED STAINED WOOD, PRESSURE TREATED WOOD AND UNTREATED WOOD UltraSite provides a 1 -year limited warranty on IPE wood, red stained wood, pressure - treated wood and untreated wood products against rotting, splintering, decay or structural damage directly from termites or fungal decay that causes the product to become structurally unfit for its intended use. Checking in the surface of planks are natural in all wood products and are not covered under this limited warranty. The guarantee excludes vandalism, improper use, product alterations, misuse, negligence, accident, theft, corrosion caused by chemicals, ice or snow damage and acts of God. Please follow the maintenance procedures as specified in the product maintenance guide.

LIMITED WARRANTY ON WATER FOUNTAINS AND DOG FOUNTAINS
UltraSite provides a 1 -year limited warranty on all the water fountains and related components.

ULTRASHADE STRUCTURES
UltraShade warrants that the shade structure sold will be free from defects in materials under intended use for a period of 10 -years from the date of delivery (Structure & Fabric).

UltraShade and its suppliers will be liable for repair or replacement of materials found to be defective. The repair or replacement of materials shall be at the expense of UltraShade.

This warranty is in effect only if the structure has been assembled and installed in accordance with the UltraShade's installation drawings, and has been subjected only to normal intended use and exposure. UltraShade shall not be responsible for delays due to missing, stolen or non -conforming parts. Any rework/retrofit of non -conforming part must be authorized by UltraShade. This limited warranty is void if any damage has resulted from abnormal use, abuse, accident, vandalism, maintenance, misapplication, service or modification by someone other than UltraShade, authorized dealers, or authorized installers.

This limited warranty excludes color fading of structure within 10 miles of any area retaining salt water. Any replacement part issued during original warranty period is warranted for the remaining original warranty period or 6 months, whichever is longer.

UltraSite Warranty Created 1.2017

Shade fabrics carry a 10 -year limited manufacturer's warranty from the date of assembly, against failure from significant fading, deterioration, breakdown, mildew, outdoor heat, cold or discoloration, with the exception of Red, which carry a 3 -year limited warranty.

Should the fabric need to be replaced under the warranty, UltraShade will manufacture and ship a new fabric at no charge for the first 6 years, thereafter pro -rated over the last 4 years.

This warranty shall be void if damage to the fabric is caused by contact with chemical, misuse, vandalism, any Act of God (ie. Hurricane, tornado, micro/macroburst), including, but not limited to, ice, snow, or wind in excess of the applicable building code parameters.

Fabric tops are warranted for wind/gusts up to 90mph and prior to snow or ice accumulation. The warranty will be voided if any modification or attachment is made to the rafter(s). The fabric will wear/tear should any object be placed between the rafter and fabric; voiding the warranty.

The warranty will only be applicable to the repair or replacement of defective materials.

UltraShade reserves the right, in cases where certain fabric colors have been discontinued, to offer the customer a choice of available colors to replace the warranted fabric of the discontinued color. UltraShade does not warrant any particular color will be available for any period of time, and reserves the right to discontinue any color for any reason, without recourse by the owner of the discontinued fabric color.

NOTE: ShadesureTM fabric warranties cover fabric tops up to 40' in length.

Fabric tops over 40' in length are covered by a non -prorated 5 -year warranty.

UltraShade warranties its sewing thread for a period of 8 years.

The thread will be free from defects in material/workmanship and will not be damaged by exposure to the sunlight, weather or water.

All Tabor for the removal, assembly and/or freight will be for the customer's account and the warranty will only be applicable to the repair or replacement of the defective material.

In the event of a claim of defect in materials, UltraShade shall be placed on notice of defect in writing, delivered to UltraShade at the address indicated below, within 30 calendar days from discovery of the defect. No later than 30 days from the date of receipt of the notice, UltraShade will determine whether to repair or to replace defective materials. UltraShade, disclaims all other warranties, expressed or implied, including any supplementary materials required for the shade installation.

UltraSite Warranty Created 1.2017

ultrariM
.PIA CORE r

ULTRASHELTER
UltraShelter warrants that the shelter sold will be free from defects in materials under intended use for a period of 10 -years from the date of delivery. UltraShelter and its suppliers will be liable for repair or replacement of materials found to be defective. The repair or replacement of materials shall be at the expense of UltraShelter.

This warranty is in effect only if the structure has been assembled and installed in accordance with UltraShelter's installation drawings, and has been subjected only to normal intended use and exposure. Pre -finished metal roof surfaces, performance shall be the responsibility of the metal finisher. UltraShelter assumes no warranties with regard to finish durability.

UltraShelter shall not be responsible for delays due to missing, stolen, or non -conforming parts. Any rework/retro-fit of non -conforming parts must be authorized by UltraShelter.

This limited warranty is void if any damage has resulted from abnormal use, abuse, accident, vandalism, maintenance or lack of maintenance, misapplication, service, or modification by someone other than UltraShelter, authorized dealers, or authorized installers.

This limited warranty excludes color fading of structure within 10 miles of any area retaining salt water. Any replacement part issued during original warranty period is warranted for the remaining original warranty period or 6 months, whichever is longer.

In the event of a claim of defect in materials, UltraShelter shall be placed on notice of defect in writing, delivered to UltraShelter at the address indicated below, within 30 calendar days from discovery of the defect. No later than 30 days from the date of receipt of the notice, UltraShelter will determine whether to repair or to replace defective materials. UltraShelter, disclaims all other warranties, expressed or implied, including any supplementary materials required for the shelter installation.

ACTIONFIT PRODUCTS
UltraSite offers 10 -year limited warranty on steel posts, stainless steel posts, welds, bars and metal accessories excluding cycle parts, and cosmetic damage or defects. A 5 -year limited warranty on Stainless damper module and aluminum cycle cover, with the exclusion of cosmetic damage or defects. 2 -year limited warranty on Bearings, damper, plastics, rubber parts, and some cycle parts including pedal and shaft, with the exclusion of cosmetic damage or defects. 1 -year limited warranty on Rib belt of cycle, with the exclusion of cosmetic damage or defects.

UltraSite Warranty Created 1.2017

npLA Caas=�....a

ALL OTHER PRODUCTS
UltraSite offers 1 -year limited warranty on all other products.

For the purpose of this warranty, lifetime encompasses no specific term of years, but rather that Seller warrants to its original customer for as long as the original customer owns the Product and uses the Product for its intended purpose that the Product and all parts will be free from defects in material and manufacturing workmanship.

UltraSite excludes from these warranties the cost to remove parts and reinstall replacements; replacement due to cosmetic defects or coating deterioration caused by climatic conditions; and wood replacement resulting from twisting, warping, checking, shrinking, swelling or other natural physical properties of wood.

To the extent permitted by law, these warranties are expressly in lieu of any other implied or expressed warranties or representation by any person, including any implied warranty of merchantability or fitness. These warranties provide valuable rights to you.

No Sales Representative can modify or amend the terms of this warranty.

CANCELLATIONS AND RETURNS
Cancellations are only accepted with approval of UltraSite. No merchandise shall be returned without a Return Goods Authorization number which is issued by customer service. Any authorized merchandise must be carefully packed and received in saleable condition. A restocking charge of up to 25% will be applied to all returned goods and 50% charge will be applied to all the UltaShade and UltraShelter products when the error is not the fault of UltraSite. All returns must be shipped freight prepaid.

EXCLUSION
The guarantee excludes vandalism, improper use, product alterations, misuse, negligence, accident, theft, corrosion caused by chemicals, ice or snow damage and acts of God.

UltraSite
1675 Locust St.

Red Bud, IL 62278
800.458.5872
UltraSite Warranty Created 1.2017

PLAYtORG co.s.ti
Claim Procedure
To make a warranty claim, send your written statement of claim, along with the original purchase invoice or invoice number to:

UltraSite Customer Service
1675 Locust St.

Red Bud, IL 62278
800.458.5872
Within 60 days of notice of claim under warranty, UltraSite will make arrangements to replace the damaged product. UltraSite will cover freight costs within the continental United States. UltraSite is not responsible for freight costs associated with products located outside the continental United States. UltraSite reserves the right to inspect all products identified as damaged.

Since warranty limitations and exclusions may vary from state to state, you should check any specific warranty rights in your state.

Date of Purchase:

Purchaser:

UltraSite Invoice Number:

Authorized UltraSite Signature
Title
See UltraSite on the web at www.uitra-site.com
UltraSite Warranty Created 1.2017

CV -410
r
WATER ODYSSEY"
sr rouurern Fierce
r PL`.Cdit�e-f.r
Warranty Statement
Warranty
Fountain People, Inc. shall warrant all properly installed and maintained Water OdysseyTM equipment (excluding consumables) for a period of one year from date of shipment, unless otherwise qualified, below. For systems with a factory start-up, the warranty shall extend for 18 months from date of shipment or one year from date of start-up, whichever comes first. Fountain People, Inc, at its option, shall replace or repair any materials, components, or workmanship found to be defective, within the warranty period when returned to the factory, freight prepaid. No equipment or parts may be returned to Fountain People, Inc. for repair or replacement without a factory issued RMA (Return Material Authorization).

Special Provisions
The following equipment shall be warranted for the terms noted when properly installed and maintained:

Structural Pipe: Stainless steel pipe and anchor bases used in the fabrication of Water Odyssey"" play equipment shall be warranted against structural failure for a period of 25 years.

Finish Coating: Shall be warranted for a period of 2 years against peeling or fading under normal environmental conditions.

ColorCast'"' Accents: Shall be warranted for a period of 2 years against fading or cracking under normal environmental conditions.

Nozzles: Brass or stainless steel, 5 Years. PVC nozzles, 2 years.

Polyurethane Components (including Fun Forms"') shall be warranted for a period of 2 Years.

Water OdysseyTM Dynamic Sequencing Control Module 02-6210, Valve Boxes and Fiberglass Components shall be warranted against defects for a period of 3 years. All DSC Controller components, other than the 02-6210 module, are warranted for 1 year.

UV Disinfection Units Manufactured by ETS/ATG UV (excluding consumables) shall be warranted for a period of five (5) years after commencement of operation providing that the owner has entered into a service agreement with a factory trained and certified representative to annually ( during the warranty period) service the unit as outlined in the Basic Operator's Guide using original manufacturers parts.

Exclusions
This warranty does not include damage resulting from lightning, vandalism, improper maintenance, operator error, Acts of God, failure to comply with codes of the jurisdiction having authority, or other conditions beyond the control of Fountain People, Inc. Nor does this warranty cover labor, freight charges, or incidental materials required to implement repairs.

Fountain People, Inc. shall not be held liable for damage to other equipment or materials, or loss of time, profits, or any inconvenience, directly or indirectly, resulting from the failure of equipment or materials furnished by Fountain People, Inc. Fountain People, Inc. will not accept liability for any costs associated with the removal or replacement of equipment in difficult -to -access locations. These extraordinary costs shall be the responsibility of the customer, regardless of the reason necessitating removal of the product from service. This warranty may exclude damage to metals resulting from chemical control devices that use electrolysis as a means for generating chlorine or other chemicals to treat water. No other warranty, expressed or implied, exists beyond that included in this statement.

Water Odyssey"" by Fountain People 1 P.O. Box 807 San Marcos, TX 78667 1 P: 512-.392.1155 1 waterodyssey.com

Contract No. 2017001134
Vendor No. 121531

EXHIBIT F

SCOPE OF WORK
The following Scope of Work is an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the "Contract") between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime.

4. SCOPE OF SERVICES.

4.1 General Scope.

The Company shall provide various Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services that meets or exceeds the following requirements to the City and Participating Public Agencies nationwide.

Participating Public Agencies may have additional specific requirements that might not be a requirement of the Lead Public Agency. The Company agrees to provide additional information or documentation to Participating Public Agencies as may be required per the Master Intergovernmental Cooperative Purchasing Agreement (between the Lead Public Agency and the Participating Public Agency).

4.2 Product Standards and Guidelines.

It is essential that all Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services be in compliance with all current and applicable Consumer Product Safety Commission (CPSC), Americans with Disabilities Act (ADA) and ADA Accessibility Guidelines (ADAAG), and ASTM Standards and other applicable laws and regulations in the state of North Carolina or in accordance with the laws and applicable purchasing policies of the State and locality where the Participating Public Agencies exists.

Manufacturers must be a member of the International Play Equipment Manufacturers Association (IPEMA) and ISO 9001 and 14001 certified. All equipment must be IPEMA Certified and meet all current American Society of Testing and Materials (ASTM), Consumer Product Safety Commission (CPSC), and IPEMA standards.

4.2.1 American Society for Testing and Materials (ASTM):

ASTM-F1487- 11 Standard Consumer Safety Performance
Specification for Playground Equipment for
Public use.

ASTM-F1292-13 Standard Specification for Impact Attenuation of Surface Systems within the Use Zone of
Playground Equipment.

ASTM 1951-09 Standard Specifications for Determination of Surface Systems Under and Around Playground
Equipment.
29 Contract No. 2017001134
Vendor No. 121531
ASTM F2049-11
ASTM F2075
Fences/Barriers for Public, Commercial, and
Multifamily Residential Use Outdoor Play
Areas.

Standard Specifications for Engineered Wood
Fiber for Use as a Playground Safety Surface
and Around Playground Equipment.

4.2.2 Printed Handbook for Public Playground Safety (CPSC) Equipment must meet all guidelines stated in the "Handbook for Public Safety" published by the Consumer Product Safety Commission. Copies of publication No. 325 may be obtained from U.S. Consumer Product Safety Commission, Washington, DC 20207.

4.2.3 International Play Equipment Manufacturers Association (IPEMA) IPEMA provides tt„r.i_party Product Certification services for U.S. and Canadian public play equipment and U.S. public play surfacing materials.

The services provide for the validation of a participant's certification of conformance to the standards referenced above. Both certifications are administered by Detroit Testing Laboratory, Inc. For more information on certification and membership, visit IPEMA's website at: www.ipema.org .

All equipment must be IPEMA Certified. Certification must be included with your proposal submission.

4.3 Environmental Purchasing Requirements.

The Company must rrnvic k documentation of their environmental sustainabilit` policies, measures, and initiatives with their Proposal response per Section 2.6.15 and Section 7 - U.S. Communities Requirements of this RFP.

4.4 New Products and Services.

New Products and Services may be added to the resulting Contract(s) during the term of the Contract by written amendment, to the extent that those Products and Services are within the scope of this RFP and include, but will not be limited to, new Product added to the Manufacturer's listing offerings, and services which reflect new technology and improved functionality. All requests are subject to review and approval of the City of Charlotte.

4.5 Replacement Parts.

The Company must stock replacement parts for a minimum of 15 years on all play systems and provide parts within two (2) weeks (14 calendar days) from the time an order is placed by the Participating Public Agency.

4.6 Surfacing Material.

Surfacing Material must meet all guidelines stated in the Handbook for Public Playground Safety, and most current versions of ASTM-F1292-13, F2075-15, F3012- 14, and all other applicable ASTM standards and guidelines as certified by an independent laboratory conforming to IPEMA safety standards as identified for the playground industry.
30 Contract No. 2017001134
Vendor No. 121531
4,7 Installation.

All Products provided under this Contract that require assembly and installation should be performed by the awarded manufacturers' certified installers. Company must provide the names and addresses of each certified installer/subcontractor by geographical area.

All work must be performed according to the standards established by the terms, specifications, drawings, and construction notes for each project, and meet manufacturer's specifications and industry standards. It shall be the obligation of the Installer to obtain clarification from the Project Coordinator concerning questions or conflicts in the specifications, drawings and construction notes in a timely manner as to not delay the progress of the work.

4.8 Design.

The Company must have the capability to recommend and design appropriate play systems/structures to fit the need of the site for age groups to be determined by Participating Public Agency. Company must provide drawings (plan and elevation) of all pertinent aspects of the play equipment and its method of connection to the work, Final playground layout drawings shall be to scale and legible and must show location of play equipment and dimensions of use zones. All designs shall indicate ADA accessible routes, and percentage of ADA accessible components.

4.9 Project Management.

The Company must have the ability to provide project management services to help Participating Agencies complete their projects on -time and within budget.

4.10 Safety.

The Company and installers or subcontractors performing services for Charlotte - Mecklenburg are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. The Company and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract.

4.11 Literature and Catalogs.

The Company will be required to furnish and/or update all price lists, listings, color charts and other literature as requested within fifteen (15) days after notification of award. All catalogs may be electronic versions.

4.12 Warranty.

The Company should address each of the following:

1. Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.

2. Warranty period start date. The City desires the warranty start at the time of substantial completion.

3. Availability of replacement parts.

4. Life expectancy of equipment under normal use.

5. Detailed information as to proposed return policy on all equipment.

4.13 Lead Time and Delivery.
31 Contract No. 2017001134
Vendor No. 121531

1. Company must provide a four (4) week lead time on standard product, unlimited configurations, with no up charge.

2. Deliveries may be made typically between the hours of 8:30 a.m. and 3:30 p.m., local time, on regular business days unless other arrangements have been made.

Delivery location shall be stated on each purchase order issued by Participating Agencies.

3. The Company will ensure that all items are delivered fully assembled or assembled by vendor or its designated subcontractor on site as may be designated by the Participating Public Agency. The Company will assure that all items are packed in accordance with prevailing commercial practices and delivered and assembled and installed in the first class condition.

4. When the purchase order calls for delivery to a specific location (other than door delivery) the vendor will deliver in accordance with the delivery instructions provided by the Participating Public Agency and shall perform inside delivery, assembly, set in place in proper location, make ready for use and remove all debris.

5. The Company shall authorize immediate replacement of any item that has been damaged in transit.

6. If deliveries are required in the evenings or weekends, or designated holidays, special installation charges will be negotiated. It is expected that the pricing will be fair and reasonable based upon specific requirements.

4.14 Optional Work.

Company will be required to provide quotations on a case -by -case basis for optional related work such as, but not limited to, removal and/or reinstallation of Playground O_ T.� T
Fitiuess Equipment, timbers, and fencing as may be required to provide a fuii turnkey solution to Participating Public Agencies.

4.15 Material Specifications.

Equipment material specifications may vary between cities, counties, schools and states. Each Participating Entity will provide required specifications to include, but not be limited to, acceptable material, finish, diameters, thickness, gage, and angles of all components when placing orders or as necessary.

4.16 Additional Requirements.

The Company may be required and agrees to comply with additional state, or local laws and policies of the individual Participating Public Agencies.

4.17 Performance Bond.

The Company may be required to provide a performance bond as required by Participating Public Agencies for each project as required by local or state laws and policies.

4.18 Reports.

The Company must maintain all records in compliance with federal and state regulations. A statistical report and an annual tabulated report must be submitted electronically to the Lead Public Agency upon request.

4.19 Pricing.

The Company must submit a cost proposal fully supported by data adequate to establish the reasonableness of the proposed fee. Due t t) firm fixed percentage 32 Contract No. 2017001134
Vendor No. 121531
discount off of a verifiable list price for each category (defined in Section 1.3): 1) Playground Equipment (including components, replacement parts); 2) Outdoor Fitness Equipment: 3) Site Accessories; 4) Surfacing Materials; and 5) all other related Products (Shade Structures, Skate Parks, and other categorized Products); and 6) Services offered by the Company, for the life of the contract is preferred.

Prices must include manufacturer mark up, profit, item cost and storage to allow each customer the ability to calculate and verify discount. All manufacturer price lists must be identified in the Proposal response.

Proposals must include an itemized list of any Products and Services that the Company intends to include in the Master Agreement and assume responsibility for as prime contractor, but are offered by the individual authorized distributors and not included in the Company's catalog. The list must identify the distributors name and location that offers each product and service included. The. Company shall be the prime contractor and remain solely responsible for contractual performance, and reporting, per Section 2.6.7 of this RFP for any Products and Services offered by the authorized distributor.

Proposals shall not include Products and Services the Company does not intend to offer, or take responsibility for, as prime contractor.

4.19.1 Volume Discounts: Please include any volume discounts offered to the Lead Public Agency and Participating Public Agencies,

4.19.2 Rebates: Please include any rebates offered to Lead Public Agency and Participating Public Agencies..

4.19.3 Product, Design and Price Comparison.

For comparison purposes only, the Company must provide the following information for the three (3) sample_ playground designs included in Section 6, Form 4:

1. Cost breakdown of all components using proposed discounts and list prices;

2. Manufacturer Price List ID

3. Three dimensional drawings

4. Number of kids that can use the playground;

5. Total number of play components:
• Number of ground level components
• Number of accessible ground level components
• Number of elevated components
• Number of accessible elevated components

6. Play Structure Size

7. Deck Sizes

8. Diameter of Uprights

9. Color options

10. Minimum time needed from date of design to delivery of equipment. 33 Contract No. 2017001134
Vendor No. 121531

4.20 Installation.

Company response must include a defined installation fee program. If a percentage of total dollar amounts of each order are proposed, the Company must submit one (1) fixed percentage for all installation services for all Participating Public Agencies, regardless of location, for the life of the contract.

4.21 Shipping and Delivery.

Company must include a defined shipping program with their Proposal responses. If shipping is charged separately, only the actual cost of the freight may be added to an invoice. Shipping charges calculated as a percentage of the product price cannot be used.

1. Unless specifically stated otherwise in the "Shipping Program" included in the Company's Proposal response, all prices quoted must be F.O.B. destination with freight prepaid by the Company.

2. Additional costs for expedited deliveries may be added.

3. Selection of a carrier for shipment will be the option of the Participating Public Agency paying for said shipping.

4.22 Price Adjustments.

All proposed pricing shall remain firm through December 31, 2017. Company may request price increases for consideration at least sixty (60) days prior to each anniversary of the Contract effective date. All requests must be submitted in writing to City of Charlotte Procurement Management along with documentation of bona fide materials and labor increases for the cost of Products. No adjustments shall be made to compensate a Company for inefficiency in operation or for additional profit.

Price decreases shall be accepted at any time during the term of the contract.

4.23 References.

Proposals must include a minimum of five (5) customer references (see Section 6, Form 7) that Company has provided products and services similar to those outlined in this RFP.

4.24 Prevailing Wages.

Company must comply with the prevailing wage requirements of each state. Please include any exceptions to this requirement in your proposal response, per Section

2.6.12 of the RFP.
34 Contract No. 2017001134
Vendor No. 121531

EXHIBIT G
U.S. COMMUNITIES ADMINISTRATIVE AGREEMENT
The following U.S. Communities Administrative Agreement is an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the "Contract") between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime. 35 Project No. 7312

EXHIBIT B

SCHEDULE OF PERFORMANCE

Matt Brand
From:

Sent:

To:

Subject:

Brandon Seitz
Tuesday, March 14, 2023 1:30 PM
Matt Brand
Re: Koch Park Phase 2 Schedule of Performance
EMAIL FROM EXTERNAL SOURCE: Don't reply, click on a link or open an attachment unless you recognize the sender and know the content to be safe. If you believe this email to be unsafe, please use the Report Phish button in Outlook to notify the IT department.

Yes, that sounds good to me!
Thank you,
Brandon
Seitz

PLAYOLOGIST

GREAT VIES -TERN
805-910-5971 c
435-245-5055
Brandon gwpark.com
www, ;wpa rk.coni
Portfolio/ Catalog
On Mar 14, 2023, at 1:26 PM, Matt Brand wrote:

Brandon,
This email chain is to serve as the Schedule of Performance for the Koch Phase Two playground improvements. We are taking the Contract for GameTime to City Council on March 21, 2022. Based on current production lead times, I am going to put the completion date of this contract as January 31, 2024. Once we are notified of an equipment ship date we can put together a more precise timetable for this project. Per the contract, extensions can be mutually agreed upon in writing. If this is acceptable to you, please respond with an email.
1 Thank you,
Matthew Brand, CYSA I Coordinator I Community Services
Placentia 1401 E. Chapman Ave. Placentia, CA 92870
Tii 714-993-8243 I (714-961-0283) I ® [email protected]

Download the iPlacentia Mobile App:

Follow Us:

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.
2 Project No. 7312

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. 7312
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.
• (;overage shall be continued for one (1) year atter completion ot 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 ("t" definition ot insured contract in ISO torm (;V 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. 7312
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. 7312
• 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:
7312
• 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. 7312

EXHIBIT D

CERTIFICATES OF INSURANCE AND ENDORSEMENTS

ALCc ROB CERTIFICATE OF LIABILITY INSURANCE
D031E5120230nYYY)
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
Marsh USA, Inc.

Two Alliance Center
3560 Lenox Road, Suite 2400
Atlanta, GA 30326
Atilt Atlanta.CerlRequest@marsh,com / Fax: 212-948-4321 CN102326389-CAS-GAUWX-22-23
CAMEACT Brenda Young -Epps
-
WC. PHONE EMI: (404) 995 3074 FAX
Not:

E-MAIL brenda. oun a sigma rsh.com
ADDRESS: y 9 pp
1NSURERIS)AFFORDING COVERAGE

NAIC II
INSURER A : Evanston Insurance Company
35378

INSURED
PlayCore Wisconsin, Inc.

Dba GameTlme
150 PlayCore Drive SE
Fort Payne, AL 35967
INSURER B : Indemnity Ins Co Of North America
43575
INSURER C : ACE Property And Casualty Ins Co
20699
INSURER D : ACE American Insurance Company
22667
INSURER E : N/A
N/A
INSURER F : ACE Fire Underwriters Insurance Company
20702

COVERAGES
CERTIFICATE NUMBER:

ATL-005581490-00
REVISION NUMBER: 0

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.

INSR

TYPE OF INSURANCE
A013[
IN VD
$p
RA`
W

POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
IMM/DD/` YYYI
LIMITS
A
X

COMMERCIAL GENERAL LIABILITY
X
X
MKLV2PBC001627
08/01/2022
08101/2023

EACH OCCURRENCE
$ 2,000,000

CLAIMS -MADE I X
OCCUR
DAM RBIO (Ea oc fEDcurr¢nc¢)
PR�M
$ 100,000
X
SIR $250,000 Per One,
MED EXP (Any one person)
$ 10,000

PERSONAL& ADV INJURY
$ 2,000,000
GEN'L

AGGREGATE
X

LIMIT APPLIES
28: LOC
PER:

GENERAL AGGREGATE
$ 4,000,000

PRODUCTS-COMP/OPAGG
$ 4,000,000

POLICY AGGREGATE
$ 10,000,000
B

AUTOMOBILE
X
—

LIABILITY

ANY AUTO
OWNED
pAUTOS
_

SCHEDULED

NON -OWNED

AU I US ONLY
X
X
CAL H10690110
08101/2022
08/01/2023
I
COMaccidenlBrNEDSINGLELIMIT
(£a l
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$

PROPERTY DAMAGE
WET BCq¢etltl-
CompJColl. Ded.: $1,000
$
X

UMBRELLA LIAB

EXCESS LIAB
X
OCCUR

CLAIMS -MADE
XEUG71549501 004
RETENTION Umb Catastrophe $25,000
08/0112022
08/01/2023

EACH OCCURRENCE
$ 10,000,000

AGGREGATE
$ 10,000,000
$
DED X RETENT ON $ 0
D
D
F

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y I N
OFFICER/MEMBERPRIETFUPART ER/E ECUTIVE Nn
(Mandatory In NH) `
Il es, descobu under
DESCRIPTION OF OPERATIONS below
A
N IA
X
WLR C50669828
SCF C50669786
SCF C50669713
(See Additional Page.)
0810112022
08/01/2022
08/01/2022
0810112023
08/01/2023
08/01/2023
X I P `EERTUTE I ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE

$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached II more space Is required) RE: Renovations of Koch Park Playground Phase 2 - Project #7312 City of Placentia, its officers, employees, representatives, and attorneys are listed as additional insured, in regard to services performed by the Insured, on a primary and non-contributory basis, on the General Liability via CG 2010 & CG 2037 (04/13 versions) and Automobile Liability via 0A-9U74c, when required by written contract. A Waiver of Subrogation applies in favor of the additional insureds on all policies, when required by written contract.

CERTIFICATE HOLDER

CANCELLATION
City of Placentia
Attn: City Adminstrator
401 E. Chapman
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
of Marsh USA Inc.

ACORD 25 (2016/03)
© 1988-2016 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

AGENCY CUSTOMER ID: CN102326389
LOC #: Atlanta
ACRD

ADDITIONAL REMARKS SCHEDULE