Santa Cruz City Council
May 28, 2024

CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060

CITY COUNCIL AGENDA
Regular Meeting - May 28, 2024
Updated 5/24/2024 to add an attachment to item 26.
10:00 A.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 10:45 A.M. ORAL COMMUNICATIONS, CONSENT, GENERAL BUSINESS AND PUBLIC

HEARINGS, ZOOM/COUNCIL CHAMBERS
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Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, May 27th
PLEASE NOTE:
 Council may take a break(s) as needed.
 Requests for extra speaking time on items other than Oral Communications must be made by 5:00 p.m. on Sunday, May 26th by emailing the Mayor and the City Clerk.

Approval will be confirmed via email.
[email protected] [email protected]
May 28, 2024 City Council 2
The City of Santa Cruz does not discriminate against persons with disabilities. Out of consideration for people with chemical sensitivities we ask that you attend fragrance free. Upon request, the agenda can be provided in a format to accommodate special needs. Additionally, if you wish to attend this public meeting and will require assistance such as an interpreter for American Sign Language, Spanish, or other special equipment, please call the City Clerk’s Department at 420-5030 at least five days in advance so that we can arrange for such special assistance, or email [email protected]. The CalRelay system number: 1-800-735-2922.

Si desea asistir a esta reunión pública y necesita ayuda - como un intérprete de lenguaje de señas americano, español u otro equipo especial - favor de llamar al Departamento de la Secretaría de la Ciudad al 420-5030 al menos cinco días antes para que podamos coordinar dicha asistencia especial o envié un correo electrónico a [email protected]. El número del sistema Cal-Relay es: 1-800-735-2922.

Agenda and Agenda Packet Materials: The City Council agenda and the complete agenda packet containing public records, which are not exempt from disclosure pursuant to the California Public Records Act, are available for review on the City’s website:
www.cityofsantacruz.com/government/city-council-meetings and at the Office of the City Clerk located at 809 Center Street, Room 8, Santa Cruz, California, during normal business hours.

Agenda Materials Submitted after Publication of the Agenda Packet: Pursuant to Government Code §54957.5, public records related to an open session agenda item submitted after distribution of the agenda packet are available at the same time they are distributed or made available to the legislative body on the City’s website at: www.cityofsantacruz.com/government/city-councilmeetings and are also available for public inspection at the Office of the City Clerk, 809 Center Street Room 8, Santa Cruz, California, during normal business hours, and at the Council meeting.

Need more information? Contact the City Clerk’s office at 831-420-5030.

May 28, 2024 City Council 3
Closed Session
10:00 AM
Statements of Disqualification
Closed Session

1. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
Claimant: Sentry Insurance
Claim against the City of Santa Cruz

2. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
City of Santa Cruz v. Chevron Corp. et al., (Sea Level Rise Litigation) (Santa Cruz County Superior Court Case No. 17CV03243)
(United States District Court, Northern District Case No. 18-cv-00458 LHK)

3. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2))
Significant exposure to litigation (one potential case to be discussed) May 28, 2024 City Council 4
City Council
10:45 AM
Call to Order
Roll Call
Oral Communications Announcement – Members of the public may address Council on matters not on the agenda, but within the jurisdiction of the Council. 30 minutes is allocated for Oral Communications. No extra time for groups will be granted.

Oral Communications
Presentations

4. 2023 Commission for the Prevention of Violence Against Women and Santa Cruz Police Department Joint Annual Report

5. Beach Safety Week
The below presentation #6 will be heard at or around 4:00 p.m.

6. Outstanding Volunteer Recognition
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
May 28, 2024 City Council 5
Council Meeting Calendar

7. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.

Consent Agenda

8. Minutes of the May 14, 2024 City Council Meeting (CC) Motion to approve as submitted.

9. Children’s Fund Advisory Committee Funding Recommendations for Use of Funding from FY 2020 through FY 2024
Motion to:
1) Approve the Children’s Fund Oversight Ad Hoc Subcommittee funding recommendation for the allocation of the FY 2020, FY 2022, FY 2023 and FY 2024 funds in the amount of $741,409; and
2) Allocate $10,000 from the Children’s Fund for community outreach.

10. METRO Transit Center Interim Operations Plan (h512307) – Notice of Completion (EDH)
Motion to accept the work of Downtown Santa Cruz Developer LLC (Hayward, CA) as completed per the plans and specifications and authorize the filing of the Notice of Completion for the Santa Cruz Metropolitan Transit District (METRO) Transit Center Interim Operations Plan.

11. First Amendment to the Lease Agreement with Bonnie’s Gifts (EDH) Motion to authorize the City Manager to execute the First Amendment to the Lease Agreement with Bonnie’s Gifts, extending the term for five (5) years with one five (5) year extension option and other minor modifications.

May 28, 2024 City Council 6
Consent Agenda (continued)

12. Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2025 (EDH)
Motion to:
1) Approve the FY 2024 Annual Report and FY 2025 Plan prepared by the Downtown Management Corporation; and
2) Adopt the Resolution of Intention to levy a Cooperative Retail Management Business Real Property Improvement District Assessment for FY 2025 and schedule a public hearing for June 11, 2024 on the levy of the assessments for FY 2025.

13. Downtown Association: Parking and Business Improvement Area Assessments for FY 2025 (EDH)
Motion to:
1) Approve the annual report and work plan prepared by the Downtown Association for FY 2025; and
2) Adopt a Resolution of Intention to levy a Downtown Association Parking and Business Improvement Assessment for FY 2025 and schedule a public hearing for June 11, 2024 on the levy of the assessments for FY 2025.

14. Award Contract for Sergeant Derby Park Playground - Environmental Clearance: Exempt - Section 15301, Existing Facilities; Section 15302, Replacement or Reconstruction; Section 15303, New Construction or Conversion of New Structures; and Section 15304, Minor Alterations of Land (PR)
Motion to find that the project is exempt under CEQA, award a contract for the purchase of Sergeant Derby Park Playground Equipment to Landscape Structures, Inc. (Delano, MN) in the amount of $139,254.38, and authorize the City Manager to execute a cooperative purchasing agreement in a form approved by the City Attorney.

May 28, 2024 City Council 7
Consent Agenda (continued)

15. 2024 Pavement Rehabilitation Project (c400809) – Authorization to Advertise and Award (PW)
Motion to:
1) Approve the plans and specifications for the 2024 Pavement Rehabilitation Project (c400809), authorize staff to advertise for bids and award the contract. The City Manager is hereby authorized and directed to execute an agreement in a form approved by the City Attorney. The Director of Public Works is authorized to execute change orders within the approved project budget;
2) Adopt a resolution to approve the plans and specifications for the project pursuant to Government Code Section 830.6; and
3) Approve the 2024 Pavement Rehabilitation Project and find the project exempt under the California Environmental Quality Act.

16. Award Contract for Construction Management Services for the Wastewater Treatment Facility Headworks Rehabilitation Project (PW) Motion to award a contract to Kennedy/Jenks Consultants, Inc. (Santa Clara, CA) for Construction Management Services for the Wastewater Treatment Facility Headworks Rehabilitation Project in the amount of $1,653,104 and reject all other proposals. The City Manager is hereby authorized and directed to execute an agreement in a form approved by the City Attorney. The City Manager is authorized to execute contract amendments within the approved project budget.

17. Outside Repair Services to Citywide Assets – Budget Adjustment (PW) Motion to adopt a resolution to amend the FY 2024 budget to appropriate funds in the amount for $400,000 for outside repair services for Citywide assets.

18. Adjustment of the City of Santa Cruz Water Department Miscellaneous Fees (WT)
Motion to adopt a resolution adjusting the City of Santa Cruz Water Department’s miscellaneous fees for services due to labor cost increases and rescinding Resolution No. NS-30,181.

May 28, 2024 City Council 8
Consent Agenda (continued)

19. 2024 Well Rehabilitation Project – Approval of Plans and Specifications, California Environmental Quality Act Exemption, and Authorization to Advertise for Bids and Award of Contract (WT)
Motion to:
1) Approve the plans and specifications for the 2024 Well Rehabilitation Project (c702501) and authorize staff to advertise for bids. The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563; and authorize the Water Director to execute change orders within the approved project budget; and
2) Find the 2024 Well Rehabilitation Project exempt under the California Environmental Quality Act (CEQA), allowing staff to file a Notice of Exemption.

20. U4 Tank Replacement Project – Award of Professional Engineering Services During Construction to Mesiti-Miller Engineering Inc. (WT) Motion authorizing the City Manager to execute an agreement in a form to be approved by the City Attorney with Mesiti-Miller Engineering Inc. (Santa Cruz, CA) for Professional Engineering Services during Construction for the U4 Tank Replacement Project in the amount of $432,075 and to authorize the Water Director to execute future contract amendments within the approved project budget.

21. Purchase of Real Property Necessary for Brackney Landslide Area Pipeline Risk Reduction Project: Assessor’s Parcel Number 072-144-30, Owned by Karlheinz Schaaf Trust (WT)
Motion to adopt a resolution authorizing and directing the City Manager or his designee to execute a Purchase Sale Agreement between the City of Santa Cruz and Karlheinz Schaaf Trust for the easements located in Ben Lomond, CA near Highway 9 between Glen Arbor Road and Brackney Road for a permanent easement and a temporary easement on APN 072-144-30 for the Brackney Landslide Area Pipeline Risk Reduction Project.

May 28, 2024 City Council 9
Consent Agenda (continued)

22. Purchase of Real Property Necessary for the Regional Drought Resiliency Project – Intertie 1 (c702205): Multiple Properties, Assessor’s Parcel Numbers 067-202-66 owned by the Yates Family Trust and 021- 141-20 owned by the Scotts Valley Fire District and Approval of Plans and Specifications and Authorization to Advertise for Bids and Award Contract (WT)
Motion to:
1) Adopt a resolution authorizing and directing the City Manager or his designee to execute a Purchase Sale Agreement, in form approved by the City Attorney, between the City of Santa Cruz and Nichole and Craig Yates for Permanent and Temporary Easements on APN 067-202- 66 located in Santa Cruz, CA near Sims Road and Firehouse Lane for the Regional Drought Resiliency – Intertie Project;
2) Adopt a resolution authorizing and directing the City Manager or his designee to execute a Purchase Sale Agreement, in form approved by the City Attorney, between the City of Santa Cruz and Scotts Valley Fire District (SVFD) for a Permanent Easement on APN 021-141-20 located in Scotts Valley, CA near La Madrona Drive and Altenitas Road for the Regional Drought Resiliency – Intertie Project; and 3) Approve the plans and specifications for the Regional Drought Resiliency Project – Intertie 1(c702205) and authorize staff to advertise for bids. The City Manager, or designee, is hereby authorized and directed to execute the contract as authorized by Resolution No. NS27,563; and authorize the Water Director to execute change orders for the Regional Drought Resiliency Project – Intertie 1 (c702205) for amounts that are within the approved project budget.

End Consent Agenda
May 28, 2024 City Council 10
General Business

23. Report on Council Compensation and Staffing Study (CM) Motion to receive and approve a report regarding Council compensation and staffing in comparable cities to Santa Cruz.

24. FY 2025 Proposed Budget
Conduct the Fiscal Year (FY) 2025 Budget Hearings, receive information from staff for the City’s requested budget across all departments and the Capital Investment Program, and provide feedback for preparation of the FY 2025 Adopted Budget.

The proposed Fiscal Year 2025 Budget can be found here:
https://www.cityofsantacruz.com/government/citydepartments/finance/city-budget/fiscal-year-2025-budget

25. Independent Police Auditor Report (CM)
Receive the annual report from the City’s Independent Police Auditor, OIR Group.

May 28, 2024 City Council 11
The below item was updated to add an attachment.

Public Hearing
Please note, for item 26:
 This item will be heard at a time-certain of 5:30 PM.  This item will be heard in the following order:
 Appellant #1 (Ian and Natasha Guy) presentation (20 min.)  Appellant #2 (Laurel and Cleveland Area Neighbors) presentation (20 min.)  Applicant presentation (20 min.)
 Council questions
 Public Comment (1.5 min. per speaker)
 Appellant #1 rebuttal to applicant presentation and public comment. No new information may be brought forward during this time. (5 min.)  Appellant #2 rebuttal to applicant presentation and public comment. No new information may be brought forward during this time. (5 min.)

26. 1130/1132 Mission Street: CP23-0103 (APN 006-203-24, -25) Appeal of the Planning Commission Approval of the Development Proposal at 1130/1132 Mission Street Involving Nonresidential Demolition Authorization Permit to Demolish Two Commercial Buildings, Boundary Adjustment to Combine Two Parcels, and a Design Permit, Special Use Permit, Watercourse Development Permit, and Heritage Tree Removal Permit to Construct a Five-Story Mixed-Use Building Consisting of 2,627 Square Feet of Ground Floor Commercial Space and 48 Single Room Occupancy (SRO) Residential Units Above. The Project Also Includes a Request for Density Bonus Including Waivers to Exceed Building Height, Setbacks, and Floor Area Ratio (FAR), as well as Proposes to Utilize AB2097 to Reduce On-Site Parking. The Parcels Are Both Located in the CC (Community Commercial)/MU-M (Mixed-Use Medium Density) Zone District and the Mission Street Overlay Zone. Environmental Determination: Categorical Exemption 15332, In-Fill Development Projects. Owner: Douglas Wallace (PL)
Adopt a resolution denying the appeal(s), thereby upholding the Planning Commission’s acknowledgment of the environmental determination (Categorical Exemption Section 15332, Class 32) and approval of the Nonresidential Demolition Authorization Permit; Boundary Adjustment; Density Bonus request, including waivers to exceed height and FAR and reduce setback requirements; and Design, Special Use, Watercourse Development Permits, and Heritage Tree Removal Permit, based on the findings listed in the draft Resolution and the Conditions of Approval attached as Exhibit “A.” May 28, 2024 City Council 12
Adjournment

INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS None issued.

MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – MAY 28, 2024

27. Proclaiming the week of May 19–25, 2024 as “National Public Works Week” and urging all citizens to join me and representatives of the American Public Works Association and government agencies in activities, events, and ceremonies designed to pay tribute to our public works professionals, engineers, managers, and employees and to recognize the substantial contributions that they make to protecting our national health and safety and advancing quality of life for all.

28. Proclaiming May 18-24, 2024 as “Safe Boating Week” and the start of the year-round effort to promote safe boating and encouraging all citizens to join in supporting the goals of the North American Safe Boating Campaign (Wear It) and urging those who boat to “Wear It!” and practice safe boating habits throughout the year.

29. Proclaiming the month of May 2024 as “ALS Awareness Month” and encouraging all citizens to join in supporting ALS research, advocating for increased funding, and standing with those affected by this relentless disease.

30. Proclaiming May 26, 2024 as “Julie James Day” and encouraging all citizens to join in recognizing her 20 years of providing outstanding live theater in Santa Cruz.

May 28, 2024 City Council 13
Advisory Body Appointments
The following positions are either currently vacant or the terms are due to expire.

Council will make the appointments at a future meeting.

Arts Commission One opening, to be appointed by Mayor Keeley County Latino Affairs Commission One opening – at-large nomination Public Hearing
If, in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.

Any person seeking to challenge a City Council decision made as a result of a proceeding in which, by law, a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action either 60 days or 90 days following the date on which the decision becomes final as provided in Code of Civil Procedure Section 1094.6 Please refer to code of Civil Procedure 1094.6 to determine how to calculate when a decision becomes “final.” The 60-day rule applies to all public hearings conducted pursuant to the City’s Zoning Ordinance, Title 24, Santa Cruz Municipal Code. The 90-day rule applies to all other public hearings.

The 2023 Annual Report & Joint Report on Sexual Assault Presented by the Commission for the Prevention of Violence Against Women
&
The Santa Cruz Police Department

4.1 Dear Mayor Keeley and Esteemed Council Members,
On behalf of the Santa Cruz City Commission for the Prevention of Violence Against Women (CPVAW) and the Santa Cruz Police Department, we are pleased to present the 2023 Joint Annual Report on Sexual Assault and Domestic Violence. This report represents a collaboration between CPVAW and the Santa Cruz Police Department, aimed at addressing sexual and domestic violence against women in our community.

Purpose and Impact: We are confident that this report serves as a resource for community education and the activation of initiatives to reinforce safety measures and prevent violence against women. Through our unified endeavors, CPVAW and the Santa Cruz Police Department are steadfast in our commitment to safeguarding the well-being of our residents and nurturing a secure environment for all.

Progress and Challenges: This report also serves as a vital compass for mobilizing initiatives to combat violence against women, which is at the core of CPVAW's mission. Our collaborative efforts are dedicated to ensuring the safety and welfare of every resident while upholding the dignity and rights of all individuals.

Ongoing Initiatives:
• The Police Department remains committed and dedicated to conducting thorough, timely, and professional investigations, ensuring justice for survivors. • CPVAW will persist in collaborating with educational and preventative programs, fostering awareness and prevention.
• Both entities will closely collaborate during critical events, emphasizing outreach and support.

Together, we are resolutely committed to eradicating sexual assaults and domestic violence in Santa Cruz. Our dedication extends to fostering community engagement and supporting programs and initiatives aimed at preventing violence against women. We sincerely thank you for your unwavering support in our shared endeavor to create a safer environment for all members of our community.

CPVAW and the Santa Cruz Police Department stand committed to nurturing a culture of safety and support, enriching the lives of each resident we serve. Our commitment to delivering the highest level of service remains unwavering. Together, we strive to eliminate sexual assault and domestic violence through collaboration, community engagement, and effective solutions.

Respectfully submitted on behalf of CPVAW and the Santa Cruz Police Department, Danielle Long Bernie Escalante
Chair, CPVAW Chief of Police, SCPD

4.2 MISSION
To collaborate with local stakeholder partners and law enforcement to ensure best practices to respond to and prosecute violent crimes against women.

VISION
To end sexual assault, sexual harassment, and domestic violence in the City of Santa Cruz through prevention, programs, and public policy.

ABOUT CPVAW
To end sexual assault, sexual harassment, and domestic violence in the City of Santa Cruz through prevention, programs, and public policy. Its creation was a response to the high rates of domestic violence and sexual assault in the city and the need for a community-led effort to address these issues.

The Commission's main focus areas and priorities include:
• Providing education to the community and raising awareness of the resources available to survivors of violence.
• Advocating for the development of programs and services that support survivors. • Promoting the prevention of violence by addressing its root causes.

Their primary goal is to raise awareness of the impact of violence against women and to promote healthy, non-violent relationships. In addition, the Commission seeks to engage and empower community members to prevent violence through education, support, and resources.

They also collaborate with other organizations and agencies to develop coordinated responses to violence against women, which includes training and educating first responders and law enforcement.

The Commission also has several specific goals and priorities that they have identified, including developing prevention programs for youth, working to increase the availability and accessibility of services for survivors, improving data collection and reporting on violence against women, and addressing the intersections of violence with issues such as racism and poverty. There have been some developing changes in the last year to focus on three goals areas:

1. Increase CPVAW's Visibility and Impact

2. Strengthen CPVAW's Partnerships

3. Strengthen CPVAW's Processes
Overall, the Commission of Prevention of Violence Against Women is committed to creating a safe and supportive community for all women, free from violence and oppression.

4.3 Who We Are:

Established in 1981 by Ordinance 81-29, CPVAW consists of seven city resident volunteers who are appointed by the Santa Cruz City Council. Originally brought forward by community members, then approved by the City Council, the Commission is a City Council Advisory Body.
2023Commissioners:

Danielle Long - Chair
Ann Simonton -Vice Chair
Brandon Bollinger
Ilene Feinman
Karen Madura
Anissa Novak
Gabriella Dolora Trigueiro
CPVAW Meetings
CPVAW schedules six meetings peryear onthefirstWednesday ofthe monthat6:30pm.

Weencourage members of our community and city government to attend CPVAW meetings.We hopetofoster an open dialogue with our community to share information and concerns, andto work together to develop policies and programs that further our mission.

Purpose of the Report
The purpose of the report is to provide a better understanding for our community members regarding the issue of sexual assault, domestic violence and identify local trends and key findings. This report should be used to tailor educational outreach, define opportunities for our community to reduce sexual assault, and identify ways for Santa Cruz Police Department to remain up to date on the best practices when working with victims, and investigations.

Definitions:

The following definitions are listed to provide a better understanding of the data contained in this report:
• California Penal Codes
Sexual assault in California is defined as any sexual activity against the consent of the victim by means of force, threat of force, violence, duress, or where the victim is incapable of giving consent or is unconscious of the nature of the act. This includes various penal codes in addition to rape.
• 220 PC Attempted Rape: attempted unwanted vaginal intercourse. • 261/262 PC Rape: unwanted vaginal intercourse
• 286 PC Sodomy: unwanted anal intercourse
• 287/288 PC Oral Copulation: unwanted oral intercourse • 289 PC Penetration with a foreign object:
• FBI Uniform Crime Report (UCR)
Beginning in 2013 The Department of Justice changed the definition of rape changed to, “Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without consent of the victim.” Previously, the UCR data was only composed of only PC 261, now the UCR data has been expanded to include California Penal Code

4.4 Sections: 220, 261/262, 286, 287/288, & 289. The revised definition expands rape to include both male and female victims and offenders and reflects the various forms of sexual penetration understood to be rape, especially nonconsenting acts of sodomy, and sexual assaults with objects.

HIGHLIGHTS OF 2023 COMMISSION ACTIVITIES
• Issued CPVAW Newsletter 2023
• Partnered with Santa Cruz City Schools to provide self-defense classes • Revamped and updated CPVAW website
• Reinstituted drug testing kits
• Brought back drug testing coasters
• Increased branding awareness by giving out t-shirts, tote bags, and stickers at community events
• Increased community-based organization partnerships by collaborating on the following programs and events: MOAB, Dyke Trans March, Pride Parade, Monarch Services, MENtors for Change, Coaching for Boys into Men
• Held Men Speak-Out event on April 26, 2023

4.5 Statistical Data for the City of Santa Cruz:

The City of Santa Cruz has utilized different data points over the years with regards to reporting rape statistics. There are two sources of data that have been used by CPVAW: The Uniform Crime Reporting program from the US Department of Justice – Federal Bureau of Investigation (UCR) and the California Penal Code, various Sections relating to sexual assaults and domestic violence.

CPVAW also collects data on Domestic Violence trends in the City. According to CA Penal Code Section 13700 - 13702, domestic violence means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. Data utilized is CA PC 273.5 and 243(e)(1) Sexual Battery.

The chart below includes both Domestic Violence (DV) cases and Rape cases as defined by the UCR over the past nine years. A review of this data shows a significant drop in Domestic Violence cases from 2020 to 2021 of 34%, and an all time low of 202 cases in 2023.

Analyzing the UCR data, there has been a notable decrease in “Rape” since the peak 2017 of 57 cases. There has been a 26% decrease from 2022 to 2023.

Graph A.

Footnotes:
*2021 & 2023 data source: SCPD. DOJ has not yet published the data for those years. *2022 data source: SCPD. The SCPD reviewed previous data and has revised the data based on some cases having multiple violations, missing data points. The result was an increase in cases. 334 334
317 308
339 328
218
235
202
44 45 57
34 29 33 34 46 34
0 50
100
150
200
250
300
350
400
2015 2016 2017 2018 2019 2020 2021 2022 2023
Domestic Violence Cases & UCR Rape Data
DV Battery Cases UCR Reported Rapes

4.6 Department of Justice UCR Data & California Penal Code Sections:

The UCR data is a summary composed of five different California Penal Code Sections. To understand the data, staff looked at each penal code section separately over the past 14 years. Of note, a reported crime may include multiple offenses within one case. This can make it difficult to interpret the data. This graph shows that within the UCR data, PC261/262 “Rape” has the highest crime rate. There is a notable decline from the peak in 2014 of 47 to 17 in 2023.

There has been a decline from 2022-2023 in each of the separate penal codes with the exception of PC289 which increased from 4 to 7.

Graph C
Source: SCPD
• California Penal Codes
Sexual assault in California is defined as any sexual activity against the consent of the victim by means of force, threat of force, violence, duress, or where the victim is incapable of giving consent or is unconscious of the nature of the act. This includes various penal codes in addition to rape. o 220 PC Attempted Rape: attempted unwanted vaginal intercourse. o 261/262 PC Rape: unwanted vaginal intercourse
o 286 PC Sodomy: unwanted anal intercourse
o 287/288 PC Oral Copulation: unwanted oral intercourse o 289 PC Penetration with a foreign object:
*PC262 Spousal Rape was repealed 2021, now under PC261
*PC288 Oral Copulation – in 2019 became 287
24 29 28
36 47
29 38
27 29
17 20
18 23
17 0
5 10
15 20
25 30
35 40
45 50
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 California Penal Code Sections
PC220 PC261/262 PC286 PC288/287 PC289
“Rape is the most under-reported crime; 63% of sexual assaults are not reported to police” National Sexual Violence Resource Center, Info & Stats for Journalists:

Statistics About Sexual Violence

4.7 City of Santa Cruz Domestic Violence Trends: 2003-2023 According to CA Penal Code Section 13700-13702, domestic violence means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. CA Penal Code Section 243.4 and 273.5 are used to identify these cases.

A 16 year look at the number of Domestic Violence (DV) cases shows a high point in 2019, then a decline in 2020, then a significant drop in 2021 and again in 2023 Graph D
Source: SCPD, previous CPVAW Annual Reports.
287
265
242
281 280 289
332 334 334
317 308
339
328
218
235
202
0 50
100
150
200
250
300
350
400
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Domestic Violence Battery Cases: PC273.5/243e1
“One in four homicides in the United States is related to domestic violence…” Improving Law Enforcement Response to Sexual Assault and Domestic Violence by Identifying and preventing Gender Violence. Department of Justice. 2019 Homicide trends in the United States: Intimate homicide. U.S. Department of Justice, Bureau of Justice Statistics.

4.8 While CPVAW does not receive data with regards to age, gender or other statistical details of victims in the City of Santa Cruz, a literature search of victims of sexual assault reveals the following staggering data points:

Ages 12-34 are the highest
risk years for rape and
sexual assault.

Those age 65 and
older are 92% less
likely than 12-24 yearolds to be a victim of
rape or sexual
assault, and 83% less
likely than 25-49 year
olds.

According to a recent study (1) “Adolescents are at higher risk of sexual assault than any other age group…”, “…Teenagers who have been sexually assaulted are at risk of mental health conditions and poor school performance, research found. The increased risk lasted for more than a year.”
(1) Clarke, V., Goddard, A., Wellings, K. et al. Medium-term health and social outcomes in adolescents following sexual assault: a prospective mixed-methods cohort study. Soc Psychiatry Psychiatr Epidemiol 58, 1777–1793 (2023). https://doi.org/10.1007/s00127-021-02127-4
An unfortunate statistic from RAINN, the vast majority of Perpetrators will not go to Jail or prison. Out of every 1,000 sexual assaults, 975 Perpetrators will walk free.

Who are the perpetrators?
The majority of perpetrators are someone known to the victim. Approximately eight out of 10 sexual assaults are committed by someone known to the victim, such as in the case of intimate partner sexual violence or acquaintance rape.

RAINN (Rape, Abuse, Incest National Network)

4.9 CONCLUSION
Recommendations
The Commission for Prevention of Violence Against Women and the Santa Cruz Police Department share the common goal of keeping women safe in our community. The Commission and the Police Department make the following recommendations:
• The Commission and the Police Department collaborate on their efforts to improve the safety of women in the City of Santa Cruz.
• The Commission and the Police Department assess their programming, outreach efforts, collaboration with other community partners to better meet the needs of the women in the community.
• The Commission continues to work on their established goals. • Goal 1: Increase CPVAW’s Visibility & Impact while strengthening CPVAW’s Partnerships
• Goal 2: Strengthen CPVAW’s Processes
• The Police Department continue its commitment to providing the highest level of professional training on sexual assault response to victims and assault investigations to all of its police officers.

SANTA CRUZ COUNTY RESOURCES
• Law Enforcement – 911
• Santa Cruz Police Department Victim Advocate:
(831) 420-5827
• Monarch Services
24-hour Bilingual Crisis Help Line
1 (888) 900-4232
Santa Cruz Office
550 Water Street Suite J3
Santa Cruz, CA 95060
(831) 425-4030
• Walnut Avenue Family & Women’s Center
24-hour Domestic Violence Helpline
1(866) 269-2559
• National Domestic Violence Hotline
1 (800) 799-7233

4.10 Meeting Type
Holiday
Jewish Holiday
Regular Meeting
Special Meeting (will be added as scheduled)
Study Session (will be added as scheduled)
Budget Hearing
DATE Location Meeting Type
May 27
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public June 18 Council Chambers Joint Council/Planning Commission Study Session ‐ Open to the Public June 19
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public July 4
August Council Chambers Study Session ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public September 2
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public October 2/3
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public October 11/12
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public November 11
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public November 28
November 29
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public December 25/26
December 25
City Council Meeting Calendar for 2024
November 26
December 10
City Hall Closure ‐ Thanksgiving Day
City Hall Closure ‐ Day After Thanksgiving Day
June 25
September 10
September 24
City Hall Closure ‐ Juneteenth
Please note: Meeting times are not final and are likely to change August 13
June 11
May 28
City Hall Closure ‐ Labor Day
August 27
July 9 and 23 Meetings Cancelled ‐ CITY COUNCIL DARK
City Hall Closure ‐ Independence Day
City Hall Closure ‐ Memorial Day
December 24 Meeting Cancelled ‐ CITY COUNCIL DARK
City Hall Closure ‐ Christmas Day
Rosh Hashanah (City observed ‐  sundown to sundown)
November 12
October 8
October 22
City Hall Closure ‐ Veteran's Day (observed)
Hanukkah (City observed ‐  sundown to sundown)
Yom Kippur (City observed ‐  sundown to sundown)

7.1 MINUTES ARE UNOFFICIAL UNTIL APPROVED BY COUNCIL
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
May 14, 2024
12:00 PM
Mayor Keeley opened the City Council Closed Session at 12:04 p.m. in a public meeting via Zoom and in Council Chambers, for the purpose of announcing the agenda, and receiving public testimony.

Roll Call

Present: Councilmembers Newsome, Brown, Watkins (arrived at 12:31 p.m.), Brunner (arrived at 12:15 p.m.), Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

Absent: None.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, Director of Economic Development and Housing B. Lipscomb, Finance Director E.

Cabell, City Attorney T. Condotti, Deputy City Clerk Administrator J.

Wood, City Clerk Administrator B. Bush.

Statements of Disqualification – None.

Public Comment
Mayor Keeley opened the public comment period at 12:06 p.m. There were no speakers. Mayor Keeley closed the public comment period at 12:06 p.m., at which time the meeting was closed to the public and Council adjourned to the Courtyard Conference Room.

Closed Session

1. Conference With Legal Counsel – Liability Claims (Government Code §54956.95) Claimant: Nationwide Mutual Insurance Company
Claim against the City of Santa Cruz
Council received a status report, took up under agenda item 13, and no reportable action was taken.

8.1 May 14, 2024 CITY COUNCIL MINUTES 6825
Closed Session (continued)

2. Real Property Negotiations (Government Code §54956.8) 1) Property: 49A Municipal Wharf
APN: 007-361-01
Owner: Barking Lion
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Peter Drobac dba Makai (AKA Barking Lion)
Under Negotiation: Price, terms of payment, or both
2) Property: 37 Municipal Wharf
APN: 007-341-03
Owner: Charles Maier
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Charles Maier dba Gilda’s Under Negotiation: Price, terms of payment, or both
3) Property: 744 and 808 River Street
APNs: 008-163-06 and 008-172-08
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Reed and Rusty Santee Under Negotiation: Price, terms of payment, or both
Council received a status report from the City Negotiator, and no reportable action was taken.

3. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2))
Significant exposure to litigation (one potential case to be discussed) Council received a status report, and no reportable action was taken.

8.2 MINUTES ARE UNOFFICIAL UNTIL APPROVED BY COUNCIL
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
May 14, 2024
1:00 PM
Call to Order – Mayor Keeley called the meeting to order at 1:03 p.m. in Council Chambers.

Roll Call

Present: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.

Absent: None.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Water Director H. Luckenbach, Director of Public Works N. Nguyen, Director of Economic Development and Housing B.

Lipscomb, Director of Planning and Community Development L. Butler, Chief People Officer S. De Leon, Chief of Police B. Escalante, Director of Parks and Recreation T. Elliot, Director of Information Technology K.

Morgan (via Zoom), Finance Director E. Cabell (via Zoom), Chief of Fire R. Oatey (via Zoom), Development Manager B. Borguno, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

Oral Communications Announcement - The Mayor provided a brief announcement about Oral Communications.

Oral Communications
At 1:03 p.m. Mayor Keeley opened Oral Communications for members of the public who wished to speak regarding items not listed on the City Council agenda.

James Ewing Whitman spoke about attending the County Supervisors’ meeting and not being able to speak during other organizations’ meetings.

Garrett spoke regarding land-sale proceeds going to the Library Mixed-Use Project.

Rob Darrow spoke regarding Santa Cruz Pride and invited all Councilmembers to join in the annual Pride Parade.

8.3 May 14, 2024 CITY COUNCIL MINUTES 6827
Oral Communications (continued)
Jayne Prieto spoke regarding Community Action Month, specifically the Homelessness Prevention and Intervention Program.

Kate Hinnenkamp spoke regarding Community Action Month, specifically the Santa Cruz County Immigration Project.

Jesse Sandman spoke regarding the rent increasing at the St. George Residence.

Unidentified person spoke regarding making Morrissey, Soquel, and Water Streets connected by a circular intersection.

At 1:16 p.m. Mayor Keeley closed Oral Communications.

Presentations

4. Mayoral Proclamation Declaring May 19—May 25, 2024, as National Public Works Week
Councilmember Kalantari-Johnson read from and presented a proclamation declaring May 19—May 25, 2024 as National Public Works Week. Director of Public Works N. Nguyen spoke.

5. Hans Christian Andersen Contest Awards
Mayor Keeley, Vice Mayor Golder, Linda Snook, Chair of the Santa Cruz Sister Cities Committee, and Isabella Tuncer, Chair of the Subcommittee for our Sister City Sestri Levante, spoke about the Hans Christian Andersen writing awards and announced this year’s winners.

6. Junior Guards Biarritz Delegation Send Off
Carola Barton, Sister Cities Committee member, introduced the Junior Guards who are the delegation going to Biarritz.

Presiding Officer's Announcements – Mayor Keeley called on Vice Mayor Golder, who read from a proclamation declaring the week of May 12—18, 2024 as National Police Week.

Statements of Disqualification – None.

8.4 May 14, 2024 CITY COUNCIL MINUTES 6828
Additions and Deletions – City Clerk Administrator B. Bush announced that item 10 has been removed from the agenda and would not be discussed.

City Attorney Report on Closed Session – See pages 6824—6825 for the report.

Council Meeting Calendar

7. The City Council reviewed and did not revise the meeting calendar attached to the agenda.

Consent Agenda
Director of Public Works N. Nguyen responded to Council questions regarding item 15.

Councilmember Brown made a comment on items 11 and 15.

Mayor Keeley opened the public comment period. The following person spoke:

James Ewing Whitman spoke regarding items 9 and 11.

Mayor Keeley closed the public comment period.

MOTION: Councilmember Watkins moved, seconded by Councilmember Brunner, to approve the Consent Agenda.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

8. Minutes of the April 30, 2024 City Council Meeting (CC) Motion carried to approve as submitted.

9. Award Contract for Local Hazard Mitigation and Climate Adaptation Plan Integration and Update (CM)
Motion carried to award the contract for Local Hazard Mitigation and Climate Adaptation Plan Integration and Update services in an amount of $145,510 to AECOM Technical Services, Inc. (AECOM) and authorize the City Manager to execute an agreement with AECOM in a form to be approved by the City Attorney.

8.5 May 14, 2024 CITY COUNCIL MINUTES 6829
Consent Agenda (continued)

10. California Energy Commission Local Government Building Decarbonization Challenge – Authorization to Submit a Grant Proposal to Complete a Municipal Building Decarbonization Roadmap (CM)
This item was removed from the agenda and was not discussed.

11. Pacific Gas and Electric’s Microgrid Incentive Program – Authorization to Submit an Application Development Grant to Complete a Microgrid Feasibility Study and Develop a Microgrid Project for Implementation (CM) Resolution No. NS-30,325 was adopted authorizing the City Manager to apply for funds from the Pacific Gas and Electric’s Microgrid Incentive Program to complete a microgrid feasibility study and develop a microgrid project for implementation.

12. Amendment to Lease Agreement with Central Home Supply to Extend the Term by One Year, to March 2, 2025 (EDH)
Motion carried authorizing the City Manager to execute an amendment, and any non-substantive changes for the amendment, to the Lease Agreement with Santee Corporation dba Central Home Supply, providing a one-year extension of the lease term for the property located at 744 and 808 River Street, in a form approved by the City Attorney.

13. Liability Claim Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claim of 1) Nationwide Mutual Insurance Company based on staff recommendation.

14. Community Tree Service Contract Change Order (41-24061) (PR) Motion carried to approve the Community Tree Service contract change order for emergency tree service work related to the FY 2024 winter storms (Contract number: 41-24061).

8.6 May 14, 2024 CITY COUNCIL MINUTES 6830
Consent Agenda (continued)

15. Intersection Improvements at Coral Street and Limekiln Street (m401412) CEQA: Exempt 15301 Existing Facilities (PW)
Motion carried to:
 Approve the project plans and specifications for the intersection improvements at Coral Street and Limekiln Street (m401412) and authorize staff to award the contract;
 Adopt Resolution No. NS-30,326 that modifies the intersection of Coral Street and Limekiln Street to a three-way stop and rescind Resolution No.

NS-29,780;
 Adopt Resolution No. NS-30,327 to approve the plans and specifications for the Intersection Improvements at Coral Street and Limekiln Street pursuant to Government Code Section 830.6; and
 Find the Intersection Improvements at Coral Street and Limekiln Street Categorical Exempt under CEQA Guidelines 14 CCR section 15301(c).

16. FY 2025 Funding for Senate Bill 1 Road Maintenance and Rehabilitation Account (RMRA) (PW)
Resolution No. NS-30,328 was adopted approving the FY 2025 allocation of SB 1 Road Maintenance and Rehabilitation Account funds and authorizing the City Manager to submit the project list to the California Transportation Commission.

17. Contract Renewal with Hope Services, Inc. for the Resource Recovery Facility (PW)
Motion carried to authorize and direct the City Manager to execute the renewal of an agreement with Hope Services, Inc. (Santa Cruz, CA) for recycling and litter control services at the City’s Resource Recovery Facility on Dimeo Lane.

8.7 May 14, 2024 CITY COUNCIL MINUTES 6831
Consent Agenda (continued)

18. 3rd Quarter FY 2024 Water Department Capital Investment Program Transfer – Budget Adjustment (WT)
Resolution No. NS-30,329 was adopted amending the FY 2024 budget and transferring budget appropriations within the Water Department Capital Investment Program (CIP) to update various project budgets with current cost forecasts.

19. Newell Creek Dam Inlet/Outlet Replacement Project – Notice of Completion (WT)
Motion carried to accept the work of Obayashi Corporation (Burlingame, CA) as complete per plans and specifications, authorizing the filing of a Notice of Completion for the Newell Creek Dam Inlet/Outlet Replacement Project and authorizing the Water Director to sign the Notice of Completion as the Owner’s Authorized Agent.

End Consent Agenda
Consent Public Hearing
Mayor Keeley opened the public comment period. There were no speakers. Mayor Keeley closed the public comment period.

MOTION: Councilmember Newsome moved, seconded by Vice Mayor Golder, to approve the Consent Public Hearing Agenda.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

8.8 May 14, 2024 CITY COUNCIL MINUTES 6832
Consent Public Hearing (continued)

20. 2024-2025 U.S. Department of Housing and Urban Development (HUD) Annual Action Plan and Amendment to the Citizen Participation Plan (EDH) Motion carried to:
 Adopt Resolution No. NS-30,330 for the City’s 2024-2025 HUD Annual Action Plan (AAP) and amendments to the Citizen Participation Plan for the City’s Housing and Community Development Program, direct staff to submit the 2024-2025 AAP to HUD, and authorize the City Manager to sign an application for federal funding assistance for the 2024-2025 program year; and
 Authorize the City Manager to execute program/project contracts, loan and grant agreements and related loan documents with Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) sub-recipients and contractors in connection with Consolidated Plan (CP) activities proposed in the 2024-2025 Action Plan and any subsequent revisions to the 2024-2025 Action Plan.

General Business

21. City Council Cannabis Subcommittee Report on Safety, Taxes, and Separations from other Uses (CN)
Councilmember Kalantari-Johnson and Mayor Keeley spoke.

Mayor Keeley opened the public comment period. The following people spoke.

Bradley Snyder
Garrett
Grant Palmer
Mayor Keeley closed the public comment period.

MOTION: Vice Mayor Golder moved, seconded by Councilmember Brunner, to add Councilmember Brown to the Subcommittee in the place of Councilmember Watkins, and direct the Committee to return with a package of recommendations at a later date.

8.9 May 14, 2024 CITY COUNCIL MINUTES 6833
General Business (continued)

21. City Council Cannabis Subcommittee Report on Safety, Taxes, and Separations from other Uses (CN) (continued)
ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

22. Downtown Library and Affordable Housing Development Project Ground Lease Authorization for 119 Lincoln Street and 113 Lincoln Street, and Project Update (EDH)
Director of Economic Development and Housing B. Lipscomb and Development Manager B. Borguno gave a presentation and responded to Council questions.

Mayor Keeley opened the public comment period. The following people spoke.

Matt Farrell
Judy Grunstra
Mayor Keeley closed the public comment period.

MOTION: Vice Mayor Golder moved, seconded by Councilmember Watkins, to adopt Resolution No. NS-30,331 ratifying the Amended and Restated Option to Lease Agreement, authorizing the City Manager to enter into lease(s) once terms of the Option Agreement have been satisfied by the developer; and authorizing the Economic Development and Housing Director to execute any amendments or documents needed thereto of a non-substantive nature, in forms approved by the City Attorney, for real property located at 119 Lincoln Street (APN 005-141-21) and 113 Lincoln Street (APN 005-141-11) between the City of Santa Cruz and DTLMU Investors, L.P. (a California Limited Partnership), and/or or its affiliate(s), for the previously approved Downtown Library Affordable Housing Project (DLAHP).

8.10 May 14, 2024 CITY COUNCIL MINUTES 6834
General Business (continued)

22. Downtown Library and Affordable Housing Development Project Ground Lease Authorization for 119 Lincoln Street and 113 Lincoln Street, and Project Update (EDH) (continued)
ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

23. Resolution to Authorize the Agreement Between the City of Santa Cruz Water Department and Wells Fargo Bank for a $25 Million Line of Credit (WT) Water Director H. Luckenbach spoke and responded to Council questions.

Mayor Keeley opened the public comment period. There were no speakers.

Mayor Keeley closed the public comment period.

MOTION: Councilmember Brown moved, seconded by Councilmember Brunner, to:
 Adopt Resolution No. NS-30,332 authorizing the borrowing of an amount not to exceed $25,000,000 from Wells Fargo Municipal Capital Strategies, LLC under a Revolving Line of Credit agreement and approving related financing documents and official actions, and
 Direct and authorize the City Manager to execute documents in forms approved by the City Attorney.

ACTION: The motion carried with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: Councilmember Kalantari-Johnson.

DISQUALIFIED: None.

8.11 May 14, 2024 CITY COUNCIL MINUTES 6835
General Business (continued)

24. Santa Cruz Museum of Natural History Building Improvement Community Process (PR)
Director of Parks and Recreation T. Elliot and Felicia Van Stolk, Executive Director of the Santa Cruz Museum of Natural History, gave a presentation and responded to Council questions.

Mayor Keeley opened the public comment period. The following person spoke.

J.M. Brown
Mayor Keeley closed the public comment period.

MOTION: Councilmember Watkins moved, seconded by Councilmember Kalantari-Johnson, to:
 Consider and support the initiation of a public process led by the Parks and Recreation Department and Santa Cruz Museum of Natural History (Museum) related to facility improvements of the Museum, and
 Authorize the City Manager to enter into an agreement, in a form approved by the City Attorney, with the Museum to define process roles and responsibilities for community outreach and design.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

Council took a break at 3:29 p.m. and returned at 4:03 p.m.

At this time, Council heard items 5 and 6.

Recess - The City Council recessed at 4:54 p.m. to the 5:30 p.m. session.

8.12 May 14, 2024 CITY COUNCIL MINUTES 6836
Call to Order – Mayor Keeley called the meeting to order at 5:31 p.m. in Council Chambers.

Roll Call

Present: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.

Absent: None.

Staff: City Manager M. Huffaker, City Attorney T. Condotti, Director of Planning and Community Development L. Butler, Senior Planner R. Bane, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B.

Bush.

Public Hearing

25. 1129 Mission Street: CP23-0106 (APN 006-493-27) Appeal of the Planning Commission Approval of an Administrative Use Permit to Establish a Cannabis Retail Facility on a Parcel in the MU-M (Mixed-Use Medium Density) Zone District and within the Mission Street Urban Design Plan. Environmental Determination: Categorical Exemption 15301, Existing Facilities. Applicant:

Bryce Berryessa (PL)
Senior Planner R. Bane gave a presentation and responded to Council questions.

Appellants Melinda White, Derek Kendall, Michelle Poirier, and Annette Olson spoke.

Applicants Bryce Berryessa, Alan Hopper, and Valerie Corral spoke.

Director of Planning and Community Development L. Butler and Chief of Police B. Escalante responded to Council questions.

Mayor Keeley opened the public comment period. The following people spoke.

Howie Schneider
Garrett
Suzanne Pfeil
Dr. Arnold Leff
Lira Filippini
Nancy Kensinger
Daniel Dodge

8.13 May 14, 2024 CITY COUNCIL MINUTES 6837
Public Hearing (continued)

25. 1129 Mission Street (PL) (continued)
Public comment (continued)
Grant Palmer
Craig Reinarman
Valerie
Gavin Kogen
Unidentified person
Unidentified person
Dr. Suzanne Lerner
Aaron
Emmanuel Lawrence
Alec Dixon
Sacha Defoy
Christie Kelly
Arturo Ayala
Phoenyx
Ethan
Lorena Nunez
Sage Smiley
Nancy
Darren
Unidentified person
Carly Adams
Jenna Galant
Michael Camp
Gary Poland
Unidentified person
Zoey Carter
Unidentified person
Unidentified person
Stephanie Kemetsuka
Unidentified person
David
Kyle Giorchino
Thomas Frye
Thomas Sage Pedersen
Mark Timmerus
Pat Malo
Brad Palmer
Suzanne

8.14 May 14, 2024 CITY COUNCIL MINUTES 6838
Public Hearing (continued)

25. 1129 Mission Street (PL) (continued)
Public comment (continued)
Mark-Paul Goodman
Kristi Berryessa
Anna Paganelli
Casey O’Brien
Debra Feldstein
Bradley Hopper
Unidentified person
Sherry Sacks-Hospadore
She’ashanna Egling
Paul Howard
Unidentified person
Unidentified person
Mayor Keeley closed the public comment period.

MOTION: Councilmember Brown moved, seconded by Councilmember Newsome, to adopt Resolution No. NS-30,333 denying the appeal, recognizing the environmental determination, and upholding the Planning Commission’s decision to approve the Administrative Use Permit to establish a cannabis retail facility at 1129 Mission Street.

Appellant Melinda White provided a rebuttal.

FRIENDLY AMENDMENT: Councilmember Kalantari-Johnson requested to include the following conditions:
1) Requirement to submit quarterly fake ID reports: The establishment must submit reports detailing any instances of fake identification usage on a quarterly basis to the appropriate authorities.
2) No sales to individuals under 21 during school hours and no sale to individuals under 19 as previously approved by the Planning Commission:

Sales of restricted products are prohibited to individuals under the age of 21 during designated school hours including for the hour immediately before school opens and for the hour immediately after school ends.

8.15 May 14, 2024 CITY COUNCIL MINUTES 6839
Public Hearing (continued)

25. 1129 Mission Street (PL) (continued)
FRIENDLY AMENDMENT (continued):
3) Collaboration with schools and mitigation of impact: Any outlet situated less than 1000 feet from a school must actively collaborate with the local school district to mitigate the impact of its operations on the surrounding area and to address any challenges that may arise. This collaboration aims to ensure the safety and well-being of students and the community as a whole. Marketing materials, including outside murals and advertisements, must not target youth or encourage underage consumption. This shall be done in collaboration with the school district and City staff. 4) Provisional approval with conditional terms: The approval granted is contingent upon the establishment maintaining compliance with all regulations and requirements. Any violation could result in the revocation of the license.
5) Annual review of permit: A review of this permit shall be conducted one year from the date that the establishment is granted occupancy (or opens for business, if no building permits are requested prior to opening) to ensure the use is operating in conformance with the conditions of approval and shall include documentation of free or reduced cost cannabis provided to low-income medical cannabis users. This review will be conducted by staff and reviewed by the Planning Commission and the findings will be presented to the City Council.

Councilmember Brown accepted conditions items 1, 2, 3, and 5.

After discussion, condition #3 was reworded as follows:
3) Collaboration with schools and mitigation of impact: The applicant shall actively collaborate with the local school district to mitigate the impact of its operations on the surrounding area and to address any challenges that may arise. This collaboration aims to ensure the safety and well-being of students and the community as a whole. Marketing materials, including outside murals and advertisements, must not target youth or encourage underage consumption. This shall be done in collaboration with stakeholders and follow policy set forth by the Council following the Subcommittee’s recommendations.

8.16 May 14, 2024 CITY COUNCIL MINUTES 6840
Public Hearing (continued)

25. 1129 Mission Street (PL) (continued)
FRIENDLY AMENDMENT: Councilmember Kalantari-Johnson requested to include additional direction for Santa Cruz Police Department to work with prevention partners to develop a cannabis, alcohol, and tobacco prevention plan, including prioritizing regular decoy sting operations to ensure businesses are operating legally and utilizing best practices for safeguarding access to youth.

Councilmember Brown requested to divide the original motion related to the appeal, and Councilmember Kalantari-Johnson’s friendly amendments. Mayor Keeley agreed to separate the motion.

FRIENDLY AMENDMENT: Councilmember Newsome requested to include direction to staff to create a shoulder-tap ordinance to outlaw the practice of an adult purchasing cannabis for someone who is underage and bring that back to Council.

Mayor Keeley stated any action not related to the appeal would be taken as separate motions.

Councilmember Newsome withdrew his friendly amendment.

After further discussion, Councilmember Brown withdrew her acceptance of condition # 3.

After further discussion, Councilmember Brown withdrew her acceptance of the friendly amendment.

MOTION TO AMEND: Councilmember Kalantari-Johnson moved, seconded by Councilmember Watkins, to amend the motion to include the following conditions:
1) Requirement to submit quarterly fake ID reports: The establishment must submit reports detailing any instances of fake identification usage on a quarterly basis to the appropriate authorities.
2) No sales to individuals under 21 during school hours and no sale to individuals under 19 as previously approved by the Planning Commission:

Sales of restricted products are prohibited to individuals under the age of 21 during designated school hours including for the hour immediately before school opens and for the hour immediately after school ends.

8.17 May 14, 2024 CITY COUNCIL MINUTES 6841
Public Hearing (continued)

25. 1129 Mission Street (PL) (continued)
MOTION TO AMEND (continued):
3) Collaboration with schools and mitigation of impact: The applicant shall collaborate with local school districts and/or local community stakeholders to mitigate the impact of its operations on the surrounding area and to address any challenges that may arise. This collaboration aims to ensure the safety and well-being of students and the community as a whole. 4) Annual review of permit: A review of this permit shall be conducted one year from the date that the establishment is granted occupancy (or opens for business, if no building permits are requested prior to opening) to ensure the use is operating in conformance with the conditions of approval and shall include documentation of free or reduced cost cannabis provided to low-income medical cannabis users. This review will be conducted by staff and reviewed by the Planning Commission and the findings will be presented to the City Council.

ACTION: The motion to amend was accepted with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

ACTION: The amended motion carried with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Mayor Keeley.

NOES: Vice Mayor Golder.

ABSENT: None.

DISQUALIFIED: None.

MOTION: Councilmember Newsome moved, seconded by Vice Mayor Golder, to direct staff to create a shoulder-tap ordinance to outlaw the practice of an adult purchasing cannabis for someone who is underage and bring that back to Council.

8.18 May 14, 2024 CITY COUNCIL MINUTES 6842
Public Hearing (continued)

25. 1129 Mission Street (PL) (continued)
FRIENDLY AMENDMENT: Mayor Keeley requested to direct this to the Cannabis Subcommittee as part of their work. Councilmember Newsome accepted.

ACTION: The amended motion carried unanimously with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

MOTION: Councilmember Kalantari-Johnson moved, seconded by Councilmember Watkins, to direct the Cannabis Subcommittee to consider directing the Santa Cruz Police Department to work with prevention partners to develop a cannabis, alcohol, and tobacco prevention plan, including prioritizing regular decoy sting operations to ensure businesses are operating legally and utilizing best practices for safeguarding access to youth.

FRIENDLY AMENDMENT: Councilmember Watkins requested to include direction for the subcommittee to explore marketing tactics and how it may target youth and underage consumption. Councilmember Kalantari-Johnson accepted.

ACTION: The amended motion carried unanimously with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

Adjournment – Vice Mayor Golder moved, seconded by Councilmember Newsome, to adjourn. By consensus City Council adjourned at 10:00 p.m.

8.19 May 14, 2024 CITY COUNCIL MINUTES 6843
Respectfully Submitted:

Julia Wood, Deputy City Clerk Administrator
Attest:

Bonnie Bush, City Clerk Administrator
Approved:

Fred Keeley, Mayor

8.20 City Council

AGENDA REPORT
DATE: 05/07/2024
AGENDA OF: 05/28/2024
DEPARTMENT: City Manager
SUBJECT: Children’s Fund Advisory Committee Funding Recommendations for Use of Funding from FY 2020 through FY 2024
RECOMMENDATION: Motion to:
1) Approve the Children’s Fund Oversight Ad Hoc Subcommittee funding recommendation for the allocation of the FY 2020, FY 2022, FY 2023 and FY 2024 funds in the amount of $741,409; and
2) Allocate $10,000 from the Children’s Fund for community outreach.

BACKGROUND: In February the Children’s Fund Advisory Committee (CFAC) considered establishing funding priorities (Attachment 1) for the distribution of the Children’s Fund for proceeds from FY 2020, FY 2022, FY 2023 and FY 2024 – a total of $751,409 of funds. The CFAC appointed an ad hoc subcommittee (Ad Hoc) comprised of Commissioners Brody, Locatelli and Chair Watkins to conduct the application process, review the applications, and provide the CFAC with their funding recommendations. The CFAC also directed the fund awards to be distributed over a two-year period.

The Ad Hoc presented their funding recommendations to the CFAC on April 11, 2024. The CFAC approved a funding allocation with modifications. However, a question later arose as to whether one of the disqualified applicants, Westside Parent Education Nursery School (WPENS), was eligible for funding. The Ad Hoc committee reconvened, and based on the evaluation criteria, and an error on the WPENS application, deemed they were qualified for funding in the “Children Under 6” category.

The CFAC met at a special meeting on May 1, 2024, to consider a revised funding recommendation which included an award to WPENS, and to provide additional funding to three applicants.

DISCUSSION: The application period for funding opened in February and closed on March 11, 2024. The City received 35 qualified applications. The CFAC established funding priorities (Attachment 1) and an allocation method at the meeting of February 8, 2024. The funding allocation was based on the following: 1/3 to “Children Under 6” with the remaining balance of funds for ages 6-24, prioritizing ages 6-17 (“Over 6”). Utilizing these priorities as a guide, the Ad Hoc created a scoring matrix to evaluate the applications effectively and fairly. During this

9.1 scoring process, Commissioner Locatelli recused herself from scoring Friends of Parks & Recreation and Commissioners Watkins and Brody recused themselves from scoring the United Way applications due to conflicts of interest.

There were three tiers in the evaluation process. First, the applications were segregated based on the population served. This was done because the CFAC set aside 1/3 of the funding specifically for “Children Under 6”. Then all applications were evaluated by each member of the Ad Hoc.

Finally, the Ad Hoc reviewed all applications with the additional criteria of “Need – how critical is this funding to the program?”. Below are the evaluation criteria utilized by the committee.

INDIVIDUAL SCORING MATRIX Under 6 Over 6
Primary Population Served - City of Santa Cruz X X
Expertise in the Field X X
Target Population Income: Low Income = Higher score X X Mental Health X X
Childcare X X
Is a Youth &/or Teen Recreational Program X
Support Vulnerable Youth connect with school/family/community X X Supports the enhancement of programs that support the social and emotional well-being of children X X

COLLECTIVE REVIEW
Need - How Critical is the funding to the program X X
Utilizing this process, a total score was created. Based on the funding allocation, five applicants in the “Under 6” category were awarded funds. Knowing that the funding requests far exceeded the available funds, and the desire to fund multiple programs, the Ad Hoc then took the highest scoring programs in the “Over 6” category and funded the first-year amount of the applicants’ request, to be utilized over the two-year grant cycle. For the “Under 6”, all five qualified applicants were awarded $50,000 for a two-year cycle.

Subsequently, on May 1st, the CFAC approved the following additional funding recommendations:
 Allocate $10,000 to Community Outreach efforts;
 Award funds to WPENS in the amount of their 1st year request $40,400;  Move Community Bridges – Nueva Vista Family Resource Center to the “Over 6” category and allocated them an additional $10,000.

Finally, it was recommended that the remaining funds be redistributed to the top three scoring applicants, which included FOPAR. While two members present had to recuse themselves from the last action, which constitutes a lack of a quorum, the remaining three committee members recommended allocating the remaining funds to be split evenly amongst the top three applicants in the “Over 6” category.

In total 18 of the 35 applicants are recommended for funding: 13 applicants in the “Over 6” category, and 5 applicants in the “Under 6” category.

9.2 FISCAL IMPACT: The Children’s Fund has an available fund balance of $751,409. CFAC is recommending awarding a total $741,409 per the attached and allocating an additional $10,000 for outreach. The funding will be distributed in FY 2025 and in FY 2026.

Prepared & Submitted By:

Lisa Murphy
Deputy City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. FUNDING PRIORITIES - CFOC.DOCX

2. FY25/26 CHILDRENS FUND GRANT AWARDS ATT2.DOCX

9.3 Funding Priorities:
 1/3 to Children under 6 (dependent on qualified
applications)
 remaining balance of funds for ages 6-24;
prioritizing ages 6-17
 Creation of new state subsidized spaces
 Creation of new unsubsidized spaces, residents
below an income level to be determined
 Enhance programs ability to support the social
and emotionally well-being of children
 Sustain program capacity to recruit and retain a
quality workforce
 Youth/teen programs provided by City Parks &
Recreation
 Programs that support youth mental health
 Programs that provide programs to vulnerable
youth that are disconnected from school,
family, community
 Prioritize applications that can leverage funds
through additional sources
Funding Cycle: Two year

9.4 CHILDREN’S FUND OVERSIGHT COMMITTEE
Funds from FY 2020 through FY 2024
RECOMMENDED FUNDING AWARDS to Be Distributed in FY 2025 and FY 2026
May 28, 2024
ATTACHMENT 2

CHILDRENS FUND OVERSIGHT COMMITTEE
FY 2025/26 RECOMMENDED FUNDING AWARD
May 28, 2024
Under 6 Award Amount
Walnut Avenue Family & Women's Center $ 50,000
Neighborhood Childcare Center $ 50,000
Santa Cruz Toddler Care Center $ 50,000
Westside Parent Education Nursery School $ 40,400
Community Bridges - Nuevo Dia and Sycamore Child Care
Center $ 50,000
Sub Total $ 240,400
Age 6-24 Award Amount
Community Bridges - Nueva Vista Family Resource Center $ 69,806 Friends of Parks and Recreation (FOPAR) $ 94,806
Senderos $ 34,806
Boys & Girls Clubs of Santa Cruz County $ 50,000
Santa Cruz City Schools $ 45,000
Coastal Watershed Council $ 24,091
Youth Action Network: United Way of Santa Cruz County $ 25,000 Tannery World Dance and Cultural Center $ 20,000
FoodWhat $ 40,000
United 4 Youth Initiative - Thrive Outside - United Way $ 30,000 Hospice of Santa Cruz County. $ 10,000
Shared Adventures $ 32,500
Jacob’s Heart Children’s Cancer Support Services $ 25,000 Sub Total $ 501,009
TOTAL $ 741,409

9.5 CHILDREN’S FUND OVERSIGHT COMMITTEE
Funds from FY 2020 through FY 2024
RECOMMENDED FUNDING AWARDS to Be Distributed in FY 2025 and FY 2026
May 28, 2024

9.6 City Council

AGENDA REPORT
DATE: 05/09/2024
AGENDA OF: 05/28/2024
DEPARTMENT: Economic Development and Housing
SUBJECT: METRO Transit Center Interim Operations Plan (h512307) – Notice of Completion (EDH)
RECOMMENDATION: Motion to accept the work of Downtown Santa Cruz Developer LLC (Hayward, CA) as completed per the plans and specifications and authorize the filing of the Notice of Completion for the Santa Cruz Metropolitan Transit District (METRO) Transit Center Interim Operations Plan.

BACKGROUND: On October 24, 2023, Council approved the plans and specifications for the METRO Transit Center Interim Operations Plan (Plan) and authorized the City Manager to enter into a Memorandum of Understanding with the Santa Cruz Metropolitan Transit District (METRO) and For the Future Housing and EDEN defining roles and financing commitments for the Plan.

On November 27, 2023 the Agreement for the METRO Transit Center Interim Operations Plan was entered into between METRO, Downtown Santa Cruz Developer LLC (DSCD), and the City in which DSCD agreed to construct the Plan. For the Future Housing and EDEN are managing members of DSCD.

The Plan called for the construction of tenant improvements to city-owned property at 603-605 Front Street. The property has been leased to METRO for use as its Customer Experience Center. The Plan also required traffic revisions in the area bounded by River Street South, Soquel Avenue, and Front Street. to accommodate METRO’s temporary transit operations while a new METRO transit center is constructed as part of the Pacific Station North project.

DISCUSSION: The work has been inspected by the Building and Safety Division and Public Works staff and found to be constructed in accordance with the plans and specifications.

FISCAL IMPACT: The Plan is fully funded by METRO with a total cost of $1,013,027. There is no impact to the General Fund.

10.1 Prepared By:

Norman F. Daly
Development Manager
Submitted By:

Bonnie Lipscomb
Director of Economic
Development and Housing
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. NOTICE OF COMPLETION.DOCX

10.2 (Space above for Recorder’s use only)
This instrument is being recorded for the benefit of the City of Santa Cruz.

No recording fee is required pursuant to Government Code § 27383.

NOTICE OF COMPLETION
(CA Civil Code Sections 8102 and 9204)
NOTICE IS HEREBY GIVEN THAT:

The undersigned is an authorized representative of the owner of the interest or estate stated below.

1. The Owner’s Name and Address. The Project owner is the City of Santa Cruz, a municipal corporation (the “City”). The City’s mailing address is 809 Center Street, Santa Cruz, California 95060. The City of Santa Cruz has the following interest in the subject Property described below: City Property

2. Project Title and Number. The full name of the work of improvement/public works project (the “Project”) which is the subject of this Notice of Completion is: METRO Transit Center Interim Operations Plan h512307.

3. Nature of Work Performed on the Property or Materials Furnished for the City. The Project consisted of work described as: Tenant improvements to real property and traffic revisions.

4. The general site location description or address (the “Property”) of the public improvement is located at: 603-605 Front St. and various street locations.

5. Name and Address of Contractor. The Contractor on the Project is: Downtown Santa Cruz Developers LLC, c/o Eden Housing Inc., 22645 Grand Street Hayward, CA 94541 and Downtown Santa Cruz Developers LLC c/o For the Future Housing, P.O. Box 15602, San Luis Obispo, CA 93406

6. Construction Lender. The name and address of the construction lender, if any, is: None

7. Date of Completion. The Project on the Property was completed on: April 1, 2024

8. The filing of this Notice of Completion was authorized by the Santa Cruz City Council Minute Order on ____________________.

DATE: ___________________
Bonnie Lipscomb
Director of Economic Development and
Housing, City of Santa Cruz
RECORDED AT THE REQUEST OF:

City of Santa Cruz, Economic Development
Attn: Norman F. Daly
WHEN RECORDED MAIL TO:

City Clerk’s Department
809 Center Street, Room 9
Santa Cruz, CA 95060

10.3 VERIFICATION FOR THE CITY OF SANTA CRUZ
I have read the foregoing Notice of Completion and know the contents thereof, and I certify that the same is true of my own knowledge, except as to those matters which are therein stated upon my information or belief, and as to those matters I believe it to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on ____________________at Santa Cruz, CA
Norman F. Daly
Development Manager, City of Santa Cruz

10.4 Notice of Completion (Revised Oct 2021)

PROOF OF SERVICE DECLARATION
(California Civil Code § 8118)
I, Robyn Sycamore, declare that I served copies of the above NOTICE OF COMPLETION on the interested parties, in the manner and at the date and place set forth below (Check One):

Direct Contractor: Downtown Santa Cruz Developers LLC
c/o Eden Housing
22645 Grand Street
Hayward, CA 94541
Attn: Andrea Osgood, Chief of Real Estate Development
Downtown Santa Cruz Developers LLC
c/o For the Future Housing
P.O. Box 15602
San Luis Obispo, CA 93406
Attn: Jim Rendler, Principal
☐ REGISTERED, CERTIFIED, OR EXPRESS MAIL: by placing the Notice in a sealed envelope with postage fully prepaid and depositing the envelope in the United States mail by registered, certified, or express mail. Documentation of such service is attached herein. ☐ OVERNIGHT DELIVERY: by causing the Notice to be picked up for overnight delivery by an express service carrier. Documentation of such service is attached herein. ☐ PERSONAL DELIVERY: by causing the Notice to be personally delivered to each of the addresses above stated on the date below.
☐ CODE OF CIV. PROC. § 415.20: by leaving the Notice and mailing a copy of the Notice in the manner provided under California Code of Civil Procedure § 415.20 for service of a summons and complaint in a civil action.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on Click here to enter a date., at Santa Cruz, California.

Robyn Sycamore

10.5 City Council

AGENDA REPORT
DATE: 05/09/2024
AGENDA OF: 05/28/2024
DEPARTMENT: Economic Development and Housing
SUBJECT: First Amendment to the Lease Agreement with Bonnie’s Gifts (EDH) RECOMMENDATION: Motion to authorize the City Manager to execute the First Amendment to the Lease Agreement with Bonnie’s Gifts, extending the term for five (5) years with one five (5) year extension option and other minor modifications.

BACKGROUND: Roseann Mazzone and John Eicholz dba Bonnie’s Gifts (Tenant) have leased the premises located at 17 B/C Municipal Wharf since 1988. At that time, the Tenant assumed the original Lease for Bonnie’s Gifts from Nick and Bonnie Mazzone, family members and the namesake of Bonnie’s Gifts. The current Lease Agreement (Agreement) was entered into on April 1, 2014 and expired on April 1, 2024 after all options were exercised.

The Tenant is currently operating on a month-to-month basis and wishes to continue leasing the premises under the attached amendment to extend the Agreement for five (5) years, expiring on May 30, 2029, with one additional five (5) year optional extension, which would expire on May 30, 2034, if exercised.

DISCUSSION: Bonnie’s Gifts has been a long-standing family run business and a responsible tenant. The Tenant has not defaulted on the Agreement during the term and is required to contribute significant tenant improvements with this extension. Additionally, the Tenant has invested in leasehold and tenant improvements to maintain the property in good condition. Staff supports the First Amendment, which includes the proposed lease term extension for an additional five (5) years with one optional five (5) year extension, as well as any conforming or clarifying terms, and necessary updates to the existing lease under the advice of the City Attorney.

HEALTH IN ALL POLICIES: Promoting locally owned businesses helps support social and community bonds, improves community economic resilience, reduces commute times and pollution from owner operators, and generally aligns business activities with local culture and initiatives. While these factors may not in themselves influence public health, they have been shown to have a positive impact on the social determinants of health and support overall wellbeing in the community. Extension of the Agreement as proposed will keep Bonnie’s Gifts operating as a locally owned business.

FISCAL IMPACT: The proposed recommendation will retain Bonnie’s Gifts as a tenant for at least the next five (5) years, with initial revenues projected to be the greater of $38,313.36

11.1 annually, or 10% of gross sales, plus a tenant capital improvement fund contribution of 1% of gross sale.

In FY 2023, Bonnie’s Gifts paid $58,703.48 in rent to the General Fund allocation for Wharf operations (104) and $5,439.40 to a dedicated fund for improvements to the premises and related Wharf infrastructure (17 B/C Municipal Wharf Project, w511408). It is anticipated that the Tenant will see similar or increased revenues during the extension with revenues accruing to the above accounts.

Prepared By:

Dave McCormic
Development Manager
Submitted By:

Bonnie Lipscomb
Director of Economic
Development and Housing
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. FIRST AMENDMENT.PDF

11.2 FIRST AMENDMENT TO LEASE AGREEMENT
This First Amendment (“First Amendment”) to the April 1, 2014 Lease Agreement (“Lease” or “Agreement”) is entered into on this _____ day of June, 2024, by and between the City of Santa Cruz (“Landlord”) and Roseann Mazzone and John Eicholz, dba Bonnie’s Gifts (“Tenant”).

RECITALS
A. On April 1, 2014, Landlord and Tenant entered into a five (5) year Lease Agreement for the premises located at 17-B/C Municipal Wharf, which had an expiration date of April 1, 2019.

B. On March 7, 2019 Tenant exercised the five (5) year option to extend the Lease pursuant to Section 3.02 of the Lease and was granted the extension by the City. The extended term of the Lease expires on April 1, 2024.

C. Tenant completed leasehold improvements required in partial satisfaction of Section 9.01 of the Lease in April 2022 and submitted a payment of $5,517 for the remaining balance due on July 28, 2022. Tenant has therefore satisfied the requirement for Tenant Improvement (TI) contributions anticipated in the Original Lease. Tenant shall maintain ongoing payments to the Tenant Capital Improvement fund to address unexpected repairs or upgrades during the proposed extended Lease Term.

D. Landlord and Tenant now wish to amend the Lease Agreement to extend the term of occupancy for an additional five (5) years, through March 31, 2029, with an optional five (5) year extension through May 30, 2034, as set forth below.

IT IS MUTUALLY AGREED THAT THE MUNICIPAL WHARF LEASE AGREEMENT

BETWEEN THE CITY OF SANTA CRUZ AND ROSE ANN MAZZONE AND JOHN EICHOLZ DBA BONNIE'S GIFT (LEASE AGREEMENT) DATED APRIL 1, 2014, IS HEREBY AMENDED AS FOLLOWS:

The parties agree to incorporate the above Recitals and agree to the following.

1. Section 3.02 is amended such that the Term of the Lease is hereby extended for an additional five (5) years, through May 30, 2029, and shall include one additional five (5) year option to extend the Lease, through May 30, 2034, under the terms described in Section 3.02 and subject to the City’s sole discretion.

2. Section 4.01 is amended and replaced with the following:
“Section 4.01 Initial Minimum Annual Rent and Initial Minimum Monthly Payment.

Beginning on June 1, 2024 and continuing through the extended Lease Term, the Minimum Annual Rent shall be the greater of: 1) $38,313.36 per calendar year, payable in twelve equal Minimum Monthly Payments of $3,192.78, as adjusted annually (Section 4.03); or 2) ten percent (10%) of Tenant's gross retail sales and business transacted.

3. Section 9.01 is amended and replaced with the following:
“9.01 Tenant Improvements. No tenant improvements ("Tenant Improvements") are contemplated by Tenant or required by Landlord during the Term of this Agreement; however, in the event Tenant wishes to construct any tenant improvements during the Term of this Agreement, Tenant

11.3 2
shall be required to construct Tenant Improvements at the Premises in accordance with the requirements stated in the Lease and the following:
(a) Tenant shall obtain Landlord's prior written consent of at least 120 days before the proposed commencement of work pursuant to Section 9.03 of this Agreement, and consent may be subject to any modifications as may be required by Landlord. Landlord’s consent to Tenant Improvements is separate from and shall not in any way constitute approval or issuance of any other permits, for which Landlord is charged to authorize in its role as regulator and municipal government.
(b) Tenant shall be solely responsible for all costs, including applying for and obtaining all building, zoning or other permits required by local, state or other regulatory authorities related to any Tenant Improvements.
(c) Tenant shall be responsible for the timely payment of all charges, fees, costs and remedies related to any Tenant Improvements and shall not, through action or inaction, cause the levy of any liens, claims, or complaints against Landlord or the Premises related to any Tenant Improvements.

4. Section 12.02(b) is amended and replaced with the following:
“12.02(b) Minimum Limits of Insurance.

Tenant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. If Tenant maintains broader insurance coverage and/or higher limits than the minimums shown below, Landlord shall be entitled to the broader insurance coverage and/or higher limits maintained by Tenant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Landlord. Coverage shall be at least as broad as the following:
(i) $2,000,000.00 per occurrence; $2,000,000 in the aggregate, including products and completed operations, property damage, bodily injury and personal & advertising injury insuring against all liability of Tenant and its employees, agents, representatives, subtenants, assignees and concessionaires arising out of and in connection with Tenant's use or occupancy of the Premises.
(ii) Property Insurance:
a. “All Risk” Property Insurance Coverage. Tenant shall, at Tenant's sole expense, obtain and keep in full force and effect an insurance policy covering all of Tenant's personal property, trade fixtures, equipment and merchandise located in or upon the Premises in an amount sufficient to cover not less than one hundred percent (100%) of the replacement value thereof, providing protection against any peril included within including sprinkler damage, vandalism and malicious mischief endorsements ordinarily included in extended coverage casualty insurance policies. Tenant shall be solely responsible for any uninsured loss or damage caused to Tenant's personal property, trade fixtures, equipment and merchandise located in or upon the Premises for any reason.
b. Fire Insurance\Legal Liability Coverage. Tenant, at its sole cost, shall procure and maintain in full force and effect at all times during the Term of this Lease, fire and extended coverage insurance satisfactory to Landlord covering the Premises to keep all lease Premises, improvements, and other structures therein in an amount not less than

11.4 3
one hundred percent (100%) of the full replacement cost against loss or destruction by fire and all perils, including vandalism, malicious mischief, special extended perils (“special form”), Landlord shall be named as an additional insured and loss payee on the policies. Any loss payable under any policy described in this section shall be paid by the insurance company to Landlord or as otherwise agreed by the Parties to be used to fund the repair or replacement of the damaged Premises or improvement pursuant to this Lease.
c. “Full replacement cost,” as used in this section, shall mean the actual cost of replacement for the leased Premises and other improvements on the Premises, as determined from time to time. If at any time during the term of this Lease, Landlord believes that the full replacement cost has increased, Landlord shall notify Tenant in writing. If Tenant agrees with the increased full replacement cost set forth in Landlord’s notice, Tenant shall, within 30 days of the notice, increase the amount of insurance carried to the amount stated in the notice. If the parties are unable to agree within the 30-day period, the increased full replacement cost, if any, shall be determined by the insurance carrier that is then carrying the largest amount of fire and extended coverage on the Premises. That determination shall be final, and Tenant shall immediately increase the amount of insurance to the amount determined by that carrier. Regardless of the preceding sentence, if Tenant makes improvements or alterations to the Premises during any given year of the term of this Lease, Landlord may request an increase in coverage pursuant to the provisions of this section.
(iii) Business Interruption Insurance policy with adequate limits to cover the term of this Lease and shall contain an inflation endorsement if the premises or Tenant improvements are destroyed or rendered inaccessible by a risk insured against by a policy of standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements.

Insurance proceeds thereunder shall be payable to Landlord for loss of rents.

5. Section 12.04(d) is amended and replaced with the following:
“12.04(d) If Tenant cannot obtain its own insurance policies for fire and extended coverage and Landlord, at its sole discretion, exercises its option to purchase such insurance to cover the Premises, Tenant understands the Landlord's current insurance policy for fire and extended coverage has a deductible. In the event of damage or loss to the Premises, the Tenant will be responsible for payment of the deductible costs for said fire and extended coverage, assuming that Landlord elects to include the Premises under Landlord's insurance policy and if Landlord’s policy is being applied toward the damage or loss to the Premises.”

6. If more than one individual or entity comprises Tenant, the obligations and liabilities imposed on each individual or entity that comprises Tenant under this Lease will be joint and several.

7. Except as amended by this First Amendment, all other applicable terms and conditions of the original Lease and attachments shall remain in full force and effect. The terms of this First Amendment shall control if any conflict exists.

8. Each party acknowledges that it has reviewed this First Amendment and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this First Amendment.

11.5 4

9. The unenforceability, invalidity or illegality of any provision(s) of this First Amendment shall not render the other provisions unenforceable, invalid or illegal.

10. The Parties may execute this First Amendment in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.

11. The signatories to this First Amendment warrant and represent that each is authorized to execute this First Amendment and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this First Amendment.

IN WITNESS WHEREOF, the parties have executed this Amendment to the Lease Agreement as of the dates set forth below.

Dated: _________________________
Dated: _________________________
Dated: _________________________
APPROVED AS TO FORM:
____________________________________
Office of the City Attorney Date
TENANT: Roseann Mazzone and John Eicholz,
dba Bonnie’s Gifts.
______________________________________
John Eicholz
______________________________________
Roseanne Mazzone
LANDLORD: City Of Santa Cruz
______________________________________
By: Matt Huffaker, City Manager
May 8, 2024

11.6 CITY COUNCIL

AGENDA REPORT
DATE: 5/9/2024
AGENDA OF: 5/28/2024
DEPARTMENT: Economic Development and Housing
SUBJECT: Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2025 (EDH)
RECOMMENDATION: Motion to:
1) Approve the FY 2024 Annual Report and FY 2025 Plan prepared by the Downtown Management Corporation; and
2) Adopt the Resolution of Intention to levy a Cooperative Retail Management Business Real Property Improvement District Assessment for FY 2025 and schedule a public hearing for June 11, 2024 on the levy of the assessments for FY 2025.

BACKGROUND: On February 8, 1994 the City Council adopted Ordinance 94-06 adding Chapter 5.06 to the Santa Cruz Municipal Code establishing the Cooperative Retail Management (CRM) Business Real Property Improvement District (District) and levying assessments on the properties along Pacific Avenue pursuant to the Parking and Business Improvement Area Law of 1989 for the purpose of establishing a Downtown Hospitality Program. In 1996, the area was expanded to include side streets between Cedar and Front Streets and some downtown alleyways including Plaza, Locust, Commerce, Elm Lane, Birch Lanes, Pearl Alley, Lincoln-Cathcart and Pacific-Front alleyways. In 2023, the area was expanded to include all real property used for commercial or business purposes on parcels with street frontage on Cedar Street, Front Street, the south side of Mission Street and Water Street, and the north side of Laurel Street.

The CRM District is managed by the Downtown Management Corporation (DMC) Board of Directors which includes three property owner representatives, three business owner representatives, two City Councilmembers, and the Economic Development and Housing Director as Chief Financial Officer.

In accordance with State law, the DMC is required to submit an Annual Report/Plan for each year in which assessments are to be levied in the District. The attached Fiscal Year (FY) 2024 Annual Report and FY 2025 Plan prepared by the DMC is provided for Council consideration.

DISCUSSION: The FY 2024 Annual Report and FY 2025 Plan does not propose any changes to the CRM District area. The District includes properties used for commercial or business purposes with frontage on Pacific Avenue between Water Street and Laurel Street and those with

12.1 frontage on the side streets and alleyways between Cedar and Front Street and properties with frontage on Cedar Street, Front Street, the south side of Mission Street and Water Street, and the north side of Laurel Street. The assessments are based upon the linear foot frontage and lot size and building size of the real property used for commercial or business purposes, including rental residential, within the CRM District.

Each parcel’s assessment is calculated as follows:

Linear Feet Frontage x Linear Feet Frontage Rate = Linear Footage Assessment Lot Area Square Footage x Lot Area Square Footage Rate = Lot Assessment Building Square Footage x Building Square Footage Rate = Building Assessment Linear Footage Assessment + Lot Assessment + Building Assessment = Annual Assessment
The CRM assessment formula allows the Board to recommend an annual adjustment in the rate based on the Consumer Price Index (CPI). The annual CPI adjustment as of February 2024 is

2.4%, therefore the rates per square foot will increase as follows:

For property fronting Pacific Avenue, the rates will increase from $7.0393 per linear foot on Pacific Avenue, $5.2795 per linear foot for all other frontage, $.0811 per lot square foot and $.0718 per building square foot to $7.2082 per linear foot on Pacific Avenue, $5.4062 per linear foot for all other frontage, $.0831 per lot square foot, and $.0735 per building square foot.

For property fronting side streets and alleys, the rates will increase from $5.2795 per linear foot, $.0608 per lot square foot, and $.0538 per building square foot to $5.4062 per linear foot, $.0623 per lot square foot, and $.0551 per building square foot. Frontage on side streets and alleys include properties located: on Cedar and Front Streets and located on Soquel Avenue; on Center Street between Cedar and Mission, Mission, Locust, Cooper, Church, Walnut, Lincoln, Cathcart, Elm and Maple Streets; Plaza, Locust, Commerce, Elm and Birch Lanes; in Pearl Alley; in Lincoln-Cathcart and Pacific-Front alley ways.

The FY 2025 Annual Assessment rates would be:

FY 2025 Planned Activities:

The Annual Report/Plan outlines the DMC’s FY 2025 planned activities, budgeted expenses and revenues and contributions from sources other than the assessments levied. Under the proposed changes to the assessment methodology and expanded district, the City will contribute $88,842.16 to the District for City-owned properties.

The DMC Board of Directors recommends continuing the Downtown Ambassador Program contract with the Downtown Association with the goals of encouraging a positive experience on the street; providing proactive assistance to visitors; providing eyes on the street to report Expanded District:

Existing + Front +
Cedar
Comm Bldg
SF Assmt
Res Bldg
SF Assmt
Lot SF
Assmt
Pacific Ave
Linear
Frontage
Assmt
All Other
Linear
Frontage
Assmt
Pacific Ave Parcels $0.0735 $0.0735 $0.0831 $7.2082 $5.4062 All Other Parcels $0.0551 $0.0551 $0.0623 $0.0000 $5.4062

12.2 disruptive or criminal behavior; and reporting and resolving vandalism, graffiti, waste, and cleanliness issues. The program will provide one Operations Director and sufficient Ambassador hours to walk the DMC district 10am - 6pm, 7 days per week and staff the Information Kiosk during peak hours.

The DMC’s plan has been approved by the DMC Board for FY 2025. Following City Council approval of the DMC Annual Report/Plan, a resolution declaring the intention of the City to levy and collect assessments within the District must be adopted. The resolution will also set a public hearing to be held on June 11, 2024. Notice of the public hearing will be given by publishing the Resolution of Intention in a newspaper of general circulation in the City once, at least seven days prior to the public hearing. The law also requires that no sooner than 10 days after adoption of the resolution of intention, the City Council must hold a public hearing at which time it is required to take public testimony and receive protests pertaining to the proposed assessment.

Written and oral protests, if any, may be made in accordance with Sections 36524 and 36525 of the Law. City Council may then adopt a resolution levying the assessment only if there is not a majority of the property owners opposed to the levy.

FISCAL IMPACT: The City owns property within the boundaries of the District. The assessment for City properties is $88,842.16.

Prepared by:

Rebecca Unitt
Economic Development
Manager
Submitted by:

Bonnie Lipscomb
Director of Economic
Development and Housing
Approved by:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOC

2. DOWNTOWN MANAGEMENT CORPORATION ANNUAL REPORT FY 2025.PDF

12.3 RESOLUTION NO. NS-XX,XXX

RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

TO LEVY COOPERATIVE RETAIL MANAGEMENT BUSINESS REAL PROPERTY IMPROVEMENT DISTRICT ASSESSMENTS FOR FY 2025
WHEREAS, in accordance with California Streets & Highways Code §36533, the Downtown Management Corporation has prepared an annual report/plan to the City of Santa Cruz for the Fiscal Year (FY) 2024/25 pertaining to the Cooperative Retail Management Business Real Property Improvement District (“District”); and
WHEREAS, pursuant to California Streets & Highways Code §36533, the City Council has heretofore considered that annual report/plan and by motion approved the report/plan; and WHEREAS, Santa Cruz Municipal Code §5.06.030 provides for the levy of semiannual assessments within the District pursuant to the formula set forth in this resolution.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz as follows:

1. The City Council hereby declares its intention to levy and collect, on a semiannual basis, assessments within the District for the FY 2025.

2. The City Council hereby declares and finds that the proposed assessment is based upon a proportionate degree of special benefit derived by each owner and tenant of business real property in the Cooperative Retail Management District. In particular, the proceeds of the assessment are used to supplement funding for the Downtown Ranger Program.

3. The FY 2024/25 Annual Report/Plan filed with the City Clerk by the Downtown Management Corporation of Santa Cruz contains a full and detailed description of the improvements and activities provided to the District in the FY 2024. In addition, the report specifically identifies the boundaries of the District and the proposed assessments to be levied upon the businesses within the District for the FY 2025.

4. The assessments for FY 2025 are based upon the linear foot frontage, lot size and building size of the real property used for commercial or business purposes within the CRM District. Rental residential property is assessed at the same rate per building square foot. The annual Consumer Price Index adjustment is 2.4% (February 2023 to February 2024), resulting in an increase of the per square foot rate as follows. For property fronting Pacific Avenue, the rates will increase from $7.0393 per linear foot on Pacific Avenue, $5.2795 per linear foot for all other frontage, $.0811 per lot square foot and $.0718 per building square foot to $7.2082 per linear foot on Pacific Avenue, $5.4062 per linear foot for all other frontage, $.0831 per lot square foot, and $.0735 per building square foot.

For property fronting side streets and alleys, the rates will increase from $5.2795 per linear foot, $.0608 per lot square foot, and $.0538 per building square foot to $5.4062 per linear foot, $.0623 per lot square foot, and $.0551 per building square foot. Frontage on side streets and alleys include properties located: on Cedar and Front Streets and located on Soquel Avenue; on Center Street between Cedar and Mission, Mission, Locust, Cooper, Church, Walnut, Lincoln, Cathcart,

12.4 RESOLUTION NO. NS-XX,XXX
2 Elm and Maple Streets; Plaza, Locust, Commerce, Elm and Birch Lanes; in Pearl Alley; in Lincoln-Cathcart and Pacific-Front alley ways.

5. The Santa Cruz City Council will hold a public hearing in the City Council Chambers, located at City Hall, 809 Center Street, Santa Cruz, on Tuesday, June 11, 2024, to receive any oral or written protests or endorsements pertaining to the proposed levy of assessments, the amount of the proposed assessments, the proposed improvements and activities to be funded with the revenues derived from the proposed levy of assessments, and/or the proposed boundaries of the District. The form and manner of protest shall conform to the requirements set forth therefor in California Streets & Highways Code §36524 and §36525 and legislation enacted pursuant to Proposition 218.

6. The City Clerk is hereby directed to give notice of the public hearing referenced in paragraph 5 by publishing this Resolution of Intention once in a newspaper of general circulation in the City of Santa Cruz once, at least seven days prior to the public hearing.

PASSED AND ADOPTED this 28th day of May, 2024 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator

12.5 Downtown Management Corporation
FY 2024 Annual Report
FY 2025 Plan
Approved May 16, 2024

12.6 2
Introduction
The Downtown Management Corporation (DMC) oversees the Cooperative Retail Management District (CRM), covering Pacific Avenue from Water Street to Laurel Street, and the side streets off of Pacific Avenue. The CRM District is an improvement district funded by an assessment levied on property owners in this geographic boundary to fund enhanced programs and services focused on a clean, safe and welcoming Downtown.

The objectives of the DMC, as stated in the bylaws, are:
• To improve public perception of downtown Santa Cruz by enhancing safety and security; • To provide information and direction to shoppers and visitors in downtown Santa Cruz; • To provide a visible presence in downtown Santa Cruz to observe and report street disorder.

The DMC is governed by a volunteer board of directors that includes two City of Santa Cruz Councilmembers, the City’s Economic Development Director, three business owner representatives, and three property owner representatives. This work plan has been developed by the Board and staff to serve as a roadmap to guide the activities and resource allocations of the Downtown Management Corporation for fiscal year 2023-2024.

12.7 3
Downtown Management Corporation
FY 2024 Annual Report and FY 2025 Plan

1. Are there any proposed changes to the Cooperative Retail Management Business Real Property Improvement District (CRM)?
The CRM assessment formula allows the Board to recommend an annual adjustment in the rate based on the Consumer Price Index. The annual CPI adjustment as of February 2024 is 2.4%, therefore the rates per square foot will increase as follows:

For property fronting Pacific Avenue, the rates will increase from $7.0393 per linear foot on Pacific Avenue, $5.2795 per linear foot for all other frontage, $.0811 per lot square foot and $.0718 per building square foot to $7.2082 per linear foot on Pacific Avenue, $5.4062 per linear foot for all other frontage, $.0831 per lot square foot, and $.0735 per building square foot.

For property fronting side streets and alleys, the rates will increase from $5.2795 per linear foot, $.0608 per lot square foot, and $.0538 per building square foot to $5.4062 per linear foot, $.0623 per lot square foot, and $.0551 per building square foot. Frontage on side streets and alleys include properties located: on Cedar and Front Streets and located on Soquel Avenue; on Center Street between Cedar and Mission, Mission, Locust, Cooper, Church, Walnut, Lincoln, Cathcart, Elm and Maple Streets; Plaza, Locust, Commerce, Elm and Birch Lanes; in Pearl Alley; in Lincoln-Cathcart and Pacific-Front alley ways.

2. Describe the improvement activities that were provided for the year.

Please see Attachment No. 1.

3. Describe the budget for the improvements and activities.

Please see Attachment No. 2.

4. Describe the method used to levy assessments for FY 24.

The assessments for FY 24 are based upon the linear foot frontage, lot size and building size of the real property used for commercial or business purposes within the CRM District. The individuals or entities subject to the proposed assessment shall be those persons or entities who own commercial or business real property within the assessment district which have frontage on Pacific Avenue, downtown side streets and downtown alleyways and properties with frontage on Cedar Street, Front Street, the south side of Mission Street and Water Street, and the north side of Laurel Street. The proposed assessment shall be payable in two equal installments due on or before July 1st and January 1st. New property owners shall not be exempt from levy of the assessment.

12.8 4
Rental residential property is assessed at the same rate as building square footage.

Owner-occupied residential properties in the district are exempt from the assessment.

Each parcel’s assessment is calculated as follows:

Linear Feet Frontage x Linear Feet Frontage Rate = Linear Footage Assessment Lot Area Square Footage x Lot Area Square Footage Rate = Lot Assessment Building Square Footage x Building Square Footage Rate = Building Assessment.

Linear Footage Assessment + Lot Assessment + Building Assessment = the annual assessment
Assessment Rate Linear Feet Frontage Lot Area Square
Footage
Building Area Square
Footage
Pacific Avenue $7.0393 $0.0811 $0.0718
Side Street and
Alley
$5.2795 $0.0608 $0.0538
Rental residential square footage is assessed at the same building square feet rate

5. Show the amount or any surplus or deficit revenues carried over from the prior year.

The FY 2024 Operating Budget is estimated to have a fund balance of $7,922.09.

6. The amount of contributions from other sources, if any.

The Economic Development Department provided administrative support in the form of membership mailings and the coordination of regular meetings of the DMC Board of Directors.

In addition to the proceeds by the CRM Assessment District in FY 2024, the DMC received $16,500 collected by the City for cafe extension license fees and kiosk rent.

The City also contributed $10,000 to the Uncle Poop’s Pet Waste Removal contract.

7. The proposed work plan for the next fiscal year.

The following proposed activities were approved by the Board of Directors at the May 16, 2024 Board Meeting for Fiscal Year 2025. The Board voted to allow the activities and reserve funding to be revisited throughout the year for reallocation as needed as conditions change and based on actual costs for services and for the City to provide supplemental funding for the Uncle Poop’s contract if cost exceed the anticipated budget.

See Attachment 2 for the proposed work plan budget.

Downtown Ambassador Program
The DMC Board of Directors recommends continuing to contract with Block By Block Inc., through the Downtown Association of Santa Cruz (DTA) to provide Downtown

12.9 5
Ambassador Services within the CRM district for FY 2024. DMC will allocate three hundred thirty-nine thousand dollars ($349,000) for the 12-month contract.

The Ambassador Program provides one Operations Director and sufficient Ambassador hours to walk the DMC district 10am - 6pm, 7 days per week and staff the Information Kiosk during peak hours.

The Ambassadors will provide the following services:
a. Offer and provide assistance, information and directions to visitors of the downtown.
b. Provide a uniformed ambassador presence by walking the service area. c. Inform persons as to Santa Cruz Municipal Codes on standards of conduct with the goal of achieving compliance.
d. Promptly report disruptive or criminal behavior to the appropriate public agency and cooperate as necessary for enforcement.
e. Notify appropriate authorities to respond to medical or mental health emergencies.
f. Pick up trash such as newspapers and small debris.
g. Address light litter and graffiti and report large graffiti, spills on sidewalk, and other conditions that may impact public safety to the appropriate department if unable to remediate.

Downtown-Beach Shuttle
The Beach-Downtown shuttle replaces the Santa Cruz Trolley program and will provide transportation for thousands of visitors between the beach and downtown during the summer months. The program restarted in 2023 after pausing following the 2019 season due to the pandemic. Shuttle operations are funded through a combination of sponsorships, advertising revenue, fares and grants. DMC Board of Directors believes that the number of visitors that the shuttle brings to the CRM district is beneficial and warrants a contribution of $10,000 to shuttle operation costs.

Uncle Poop’s Pet Waste Removal
The work plan includes the continuation of the maintenance contract with Uncle Poop’s Pet Waste Removal for ninety thousand dollars ($80,000) to provide animal and human waste cleanup services for public and private property in the CRM District.

Pet Waste Bag Dispensers
The work plan includes a continuation of maintenance for the five pet waste bag dispensers in the district and purchase of at least 2,000 bags for an estimated cost of two hundred fifty dollars ($250). The waste bags were installed as a pilot program to monitor any changes in behavior from conveniently located bags in high traffic areas in an effort to reduce after-hour calls for pet waste pick up and reduction in daily collection numbers.

The bags have been utilized by the community and minimal vandalism has occurred to the dispensers.

12.10 6
Attachment No. 1
DMC FY 2024 Work Program
The objectives of the DMC, as stated in the bylaws, are:
• To improve public perception of downtown Santa Cruz by enhancing safety and security; • To provide information and direction to shoppers and visitors in downtown Santa Cruz; • To provide a visible presence in downtown Santa Cruz to observe and report street disorder.

The DMC Board of Directors, pursuant to its bylaws, consists of nine members, including:
• Three representatives of the City: Mayor and Vice Mayor (or their designees) and Director of Economic Development Department.
• Three downtown property owners or designated agents.
• Three downtown business owners or designated agents selected by the DMC Board of Directors.

Downtown Management Corporation Board of Directors FY 2024 Chris Murphy, Business Representative
Larry Pearson, Business Representative
Ian McRae, Business Representative
Kris Reyes, Property Owner Representative
Ryan Coonerty, Property Owner Representative
Renee Culver, Property Owner Representative
Bonnie Lipscomb, Director, Economic Development
Scott Newsome, Councilmember
Shebreh Kalantari-Johnson, Councilmember
Downtown Ambassador Program
In the FY 2024 workplan the DMC Board of Directors
continued the contract with the Downtown Association
of Santa Cruz to provide hospitality services in the
district for a fifth year of service.

The Ambassador program has been designed based on
best practices of Downtown Management
Organizations, with the specific and unique needs of
Downtown Santa Cruz in mind. The primary objective
of the program is to foster a welcoming and friendly
environment in the Downtown and to provide support
to the business community. The program provides one Operations Director and sufficient Ambassador hours to walk the DMC district 10am - 6pm, 7 days per week and staff the Information Kiosk during peak hours. The Ambassadors are tasked with offering assistance and directions to visitors, providing eyes on the street to report disruptive or criminal behavior, picking up trash and debris to promote cleanliness downtown, and reporting graffiti, sidewalk spills, and other conditions to the proper departments or agencies. The Ambassadors also maintain close relationships with the merchants in the district to provide information and address concerns to support their success downtown.

12.11 7
Uncle Poops Pet Waste Removal
Uncle Poop’s Pet Waste Removal provides daily animal and human waste removal services in the CRM District. The contractor travels the entire CRM District every morning looking for waste on public and private property and removing it. The contractor also responds on-call to promptly clean up messes. This service has resulted in cleaner sidewalks and has relieved business owners of the burden to pick up waste in their alcoves and entry ways.

Related Services That Enhance the Downtown Ambassador Program City Services
The Downtown Police Patrol enhances the efforts of the ambassadors. The Downtown Police Officers are in communication with the Ambassadors daily to monitor issues impacting the downtown and maintain communication between the businesses.

Homeward Bound Program
The City’s Homeward Bound Program provides funding for Greyhound tickets to people in need after verifying that they are returning to family, medical services or employment.

Downtown Outreach Worker
The Downtown Outreach Workers (DOW), a social worker funded equally by County Mental Health and the City of Santa Cruz, has been extremely effective in identifying and assisting people with social and mental health problems and in referring them to needed services. The DOW works closely with the ambassadors, police and downtown businesses to increase the awareness of the position and to provide assistance to the business owners with social problems occurring in their premises and in the downtown generally. The DOWs work seven days a week and serves as a case manager to provide ongoing support to individuals to assist them with medical services, transportation and housing.

Downtown Association
The DMC continues to collaborate with the Downtown Association of Santa Cruz (DTA) on creating a clean, safe and friendly downtown. The DTA sponsors orientation workshops for new downtown employees and invites the police and the downtown outreach workers to attend and to provide information on services.

The DTA also operates the Downtown Information Kiosk which is located at 1130 K2 Pacific Avenue. The professional, friendly staff provides information to thousands of visitors and locals on area services, events, downtown opportunities and directions. They answer numerous questions including information about the public property ordinances in the downtown. Staff keeps a watchful eye on the area surrounding the kiosk and works cooperatively with police and downtown outreach workers.

12.12 8
Attachment No. 2
Downtown Management Corporation
Estimated Operating Budget FY 2024 and Proposed Budget for FY 2025 FY 24 Estimated Actual FY 25 Proposed
Revenue
Assessment 399,601.95 445,332.75
City Contribution 10,000.00 -
Kiosk Rent 6,500.00 -
Café Extension 10,000.00 -
Interest 70.00 80.00
Beginning Reserve 28,556.07 7,922.09
Total Revenue 454,728.02 453,334.84
Expenses
Ambassador Program 339,000.00 349,000.00
Insurance 1,336.00 1,300.00
Tax Preparation 1,600.00 1,600.00
Taxes 75.00 75.00
Downtown-Beach Shuttle 6,500.00 10,000.00
Pet Waste Bag Dispensers 259.93 250.00
Maintenance (Uncle Poop's) 98,035.00 80,000.00
Total Expenses 446,805.93 442,225.00
Net Income (Loss) (20,633.98) 3,187.75
Accumulated Reserve 7,922.09 11,109.84

12.13 City Council

AGENDA REPORT
DATE: 05/09/2024
AGENDA OF: 05/28/2024
DEPARTMENT: Economic Development and Housing
SUBJECT: Downtown Association: Parking and Business Improvement Area Assessments for FY 2025 (EDH)
RECOMMENDATION: Motion to:
1) Approve the annual report and work plan prepared by the Downtown Association for FY 2025; and
2) Adopt a Resolution of Intention to levy a Downtown Association Parking and Business Improvement Assessment for FY 2025 and schedule a public hearing for June 11, 2024 on the levy of the assessments for FY 2025.

BACKGROUND: In accordance with State law, the Downtown Association (DTA) is required to submit an annual plan for each year in which assessments are to be levied in the Downtown Parking and Business Improvement Area. The attached plan, prepared by the Downtown Association, fulfills the requirement for Fiscal Year (FY) 2025 and is being submitted for Council approval. The City acts as a fiscal agent on behalf of the Downtown Association, but is not a member of the Downtown Association, nor is the City involved in the preparation of the plan.

DISCUSSION: The business improvement assessment formula allows for an annual Consumer Price Index (CPI) adjustment in the rate. The annual CPI adjustment as of February 2024 is

2.4%; therefore, the rate per square foot will increase from $0.54 to $.55. The plan also outlines the DTA’s FY 2025 planned activities, budgeted expenses and revenues, and contributions from sources other than the assessments levied. The DTA will continue to provide clean, safe, and welcoming services through the Ambassador and Information Kiosk programs. The DTA will also continue to support business owners and our local economy through Downtown marketing and community events, advocacy, and membership business services.

The DTA’s plan has been approved by the DTA Board for FY 2025. Following Council approval of the plan, a resolution declaring the intention of the City to levy and collect the assessments within the Parking and Business Improvement Area must be adopted. The resolution shall also set a public hearing to be held on June 11, 2024. Notice of the public hearing will be given by publishing the Resolution of Intention in a newspaper of general circulation in the City once, at least seven days prior to the public hearing. At the public hearing, written and oral protests, if

13.1 any, may be made in accordance with State Street and Highways Code Sections 36524 and 36525. Prior to the public hearing, protests may be submitted to the City Clerk’s Office.

FISCAL IMPACT: There is no fiscal impact to the City. Revenues collected from the assessment are turned over to the Downtown Association to be spent for promotional activities in the Parking and Business Improvement Area.

Prepared By:

Rebecca Unitt
Economic Development
Manager
Submitted By:

Bonnie Lipscomb
Director of Economic
Development and Housing
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

2. ANNUAL REPORT AND WORKPLAN.PDF

3. BUDGET.PDF

13.2 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ TO LEVY

DOWNTOWN ASSOCIATION PARKING AND BUSINESS IMPROVEMENT
ASSESSMENTS FOR FISCAL YEAR 2025
WHEREAS, in accordance with California Streets & Highways Code §36533, the Downtown Association of Santa Cruz has prepared a report to the City of Santa Cruz for Fiscal Year (FY) 2025 pertaining to the Parking and Business Improvement Area assessments for the Parking and Business Improvement Area; and
WHEREAS, pursuant to California Streets & Highways Code §36533, the City Council has heretofore considered that annual report and by motion approved the report; and WHEREAS, Santa Cruz Municipal Code §5.05.030 requires semi-annual assessments to be imposed within the Business Improvement Area pursuant to a formula set forth in Municipal Code §5.05.040.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AS FOLLOWS:

1. The City Council hereby declares its intention to levy and collect, on a semiannual basis, assessments within the Parking & Business Improvement Area for FY 2025.

2. The proposed activities authorized by Santa Cruz Municipal Code Chapter 5.05 are described in the Downtown Association of Santa Cruz report.

3. The annual report of the Downtown Association of Santa Cruz is on file with the City Clerk.

4. The proposed assessments will be calculated under the formula for assessment found in Santa Cruz Municipal Code §5.05.040. This formula is based on the square footage of benefitted businesses, the type of business, and the zone in which it is found. The annual Consumer Price Index adjustment is 2.4% (February 2023 to February 2024), resulting in an increase of the per square foot rate from $0.54 to $0.55.

5. The Parking and Business Improvement Area is generally bounded on the East by the San Lorenzo River, on the West by Cedar Street, on the South by Laurel Street and on the North by River, North Pacific, and Water Streets. The precise boundaries of Zones 1 and 2 are shown on diagrams contained in Santa Cruz Municipal Code Chapter 5.05.

6. The Santa Cruz City Council will hold a public hearing in the City Council Chambers on Tuesday, June 11, 2024, to receive any oral or written protests or endorsements to the regularity or sufficiency of the Business Improvement Assessment. If protests complying with Streets and Highways Code §36524 and §36525 are received from the owners of businesses which will pay fifty percent or more of the total assessment, the procedure will be terminated and will

13.3 RESOLUTION NO. NS2
not be reconsidered until one full year has elapsed. Protests may be made at the public hearing or any time prior to the City Clerk’s Office.

7. The City Clerk is directed to give notice of the public hearing to consider the levy of business improvement assessments for FY 2025 by publishing this Resolution of Intention in a newspaper of general circulation in the City once, at least seven days prior to the public hearing.

PASSED AND ADOPTED this 28th day of May 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ____________________________
Fred Keeley, Mayor
ATTEST: ____________________________
Bonnie Bush, City Clerk Administrator

13.4 Downtown Association of Santa Cruz
FY 2024-2025 Work Plan
Approved on April 16, 2024
Introduction
The Downtown Association of Santa Cruz is a 501c(6) member benefit organization established to promote the Downtown business district. The organization’s mission is to provide effective leadership to create, promote and sustain downtown as a unique and economically viable business, entertainment, social and cultural center.

The Downtown Association operates a merchant-based Business Improvement District (B.I.D.) funded by a special assessment on those operating businesses in the district. The organization is governed by a volunteer board of directors, elected from, and representing, the assessed members of the district.

Staff includes an Executive Director, Brand Director, and part-time Membership Champion.

Through our contractor, BlockbyBlock, the Downtown Association also has a full-time Operations Director, and staffs the Downtown Ambassador Program along with the Downtown Information Kiosk. Additionally, the work of the association is augmented by volunteers, interns and contractors from time to time as projects warrant.

This work plan has been developed by the Board and staff to serve as a roadmap to guide the activities and resource allocation of the Downtown Association for fiscal year 2024-2025.

Year In Review
In fiscal year 2023-2024, Downtown businesses approved an increase in the Business Improvement Assessment fees to more sustainably fund the Downtown Association’s support for its business members and the community at large, in the following four core areas:

13.5 1. Clean, Safe & Welcoming Programs: The Downtown Ambassador and Information Kiosk programs are supported by funding from the Downtown Management Corporation.

The Downtown Association contracts with BlockbyBlock, which runs Ambassador operations for over one hundred downtowns across the country, to provide these services.

Increased Downtown Management Corporation support in 2023-24 enabled the Downtown Association to expand our Ambassador coverage area to include the entire Downtown Association district, including previously excluded Front Street, Center Street, Cedar Street, River Street and the Clock Tower triangle (between Pacific Avenue, Water Street, and River Street).

Downtown Ambassadors run a hospitality program assisting visitors, and also take charge of daily litter, remove graffiti, report public maintenance issues to the city, and connect people in need to social services, in addition to connecting businesses to resources, as evidenced by the impressive statistics below. The association maintains close working relationships with the Santa Cruz Police Department and Encompass Services Downtown Outreach Workers, as well as the City Manager and Office of Economic Development, who provide critical support to our Ambassadors and downtown’s safety and cleanliness.

13.6 2. Marketing: The Downtown Association of Santa Cruz actively markets Downtown Santa Cruz as the primary shopping district for Santa Cruz County through outreach to local residents and to visitors from Monterey, San Benito and Santa Clara communities. In order to reach a diverse and engaged group of visitors to the downtown district, the Downtown Association uses a multi-faceted approach to marketing that utilizes digital marketing (including social media boasting over 21,900 instagram followers, ads, website and digital newsletters “e-news”) as well as in-person events to increase foot traffic to downtown streets and businesses.

With the help of an engaged Board of Directors, the Marketing Committee also churns out new promotion ideas each year to increase foot traffic in Downtown Santa Cruz, last year launching a FREE Holiday Gift Wrapping for Downtown shoppers and new Street Festival Grant program to help draw crowds to Downtown’s fun side streets, and this year co-launching Harvest Festival to draw hundreds of people Downtown in the fall.

3. Member Networking & Support: The association works to keep downtown business owners, managers and employees connected and informed primarily through our weekly Business News which is distributed via email and Facebook and read by hundreds of Downtown business owners and staff each week. The Downtown Association also hosts quarterly business mixers for its members, along with city partners, county business serving organizations, and community nonprofits. The association publicizes its Board of Directors and Committee meetings to encourage members’ volunteer engagement. It leads an annual public safety meeting with SCPD, County Mental Health Liaisons, Downtown Outreach and Downtown Ambassadors. The association also collaborates with the Workforce Development Board of Santa Cruz County to host a Walkabout Job Fair, in conjunction with a Downtown Day welcoming UCSC students in the fall, that results in dozens of hires for downtown businesses.

4. Advocacy: The Downtown Association maintains collaborative working relationships with organizations across Santa Cruz county, particularly with those that also serve the association’s members, such as the Santa Cruz County Chamber of Commerce, Santa Cruz County Business Council, Visit Santa Cruz, and the Small Business Development Center of Santa Cruz. Advocacy activities this year included supporting the Downtown Library and Affordable Housing project, supporting streamlined permitting and grants for permanent outdoor dining parklets, and co-hosting periodic broker breakfasts focused on reducing vacancies Downtown, with the partnership of Economic Development. 2024-2025 PROGRAMS

DOWNTOWN AMBASSADOR PROGRAM
The Mission of the Downtown Ambassadors is to be the best part of people’s day in Downtown Santa Cruz.

The Downtown Ambassador program is funded by the Downtown Association’s partnership with the Downtown Management Corporation.

Since 2018 the Ambassador program has been a vital element of downtown management, and of businesses’ and visitors’ downtown experience.

13.7 Providing a welcoming presence in the downtown is the core function of the program, but the impact and benefits reach well beyond. In addition to serving visitors by providing local information, recommendations and directions, the Ambassadors serve as a liaison with city agencies, contractors, service providers and others involved in Downtown management, maintenance, social services, and public safety.

Regular coordination with the Public Works downtown maintenance team, the sanitation department, waste removal services, and property owners adds a level of efficiency and accountability in addressing the ongoing and growing cleaning and maintenance needs of downtown’s built environment. The Ambassador team communicates both through the City of Santa Cruz’ Community Request for Service Portal (CRSP), as well as by selectively escalating issues of pressing concern via direct communications with relevant city departments.

Communication with the Santa Cruz Police Department, County Mental Health liaisons, Downtown Outreach workers, and with members of our community looking for, or in need of services, extends the valuable impact and reach of the program.

Ongoing engagement with Downtown Businesses and with district residents also does a lot to build community in the Downtown.

BRAND MANAGEMENT AND DISTRICT MARKETING
Promoting Downtown has long been a core purpose of the Downtown Association. The Downtown Association of Santa Cruz manages the Downtown Santa Cruz brand and promotes the businesses, events and elements that support its visibility and appeal, including:
● Continual alignment of social media and digital marketing ● Brand management across all promotions, events and communications ● Ongoing encouragement of brand alignment with our members and collaborators The brand is conveyed through all of the association’s marketing efforts, designed to bring people to the district and enhance the experience of everyone spending time in Downtown Santa Cruz.

SOCIAL MEDIA & DIGITAL MARKETING
All of the association's promotional efforts direct visitors to downtown businesses and to the Downtown Association’s
website, which remains current with Downtown events,
activities and a complete and expanded directory of
businesses. Our social media presence has over 35,000
followers, and continues to gain popularity on Instagram, Facebook and Twitter. The social platforms have provided an outstanding way to reach Downtown Santa Cruz fans with
the many specific events, activities and business promotions in the district.

13.8 DOWNTOWNSANTACRUZ.COM
The Downtown Santa Cruz website is a cornerstone of the association’s marketing. Utilizing a platform designed for downtowns across the country, the site has enhanced SEO, and provides a wealth of information and resources for visitors, locals and for the Downtown Santa Cruz business community. An online events calendar lists daily activities, concerts, plays, festivals, book readings, classes and everything else happening for the public in the district. A comprehensive business directory helps direct people to the food, shops or services they’re hoping to find. The site also provides valuable information to help the association’s business members find the resources they need to be successful in Downtown Santa Cruz.

DIGITAL E-NEWS
Our e-newsletters, with a reach of over 5,000 residents and fans, include This Week Downtown which provides a great sample of what’s happening downtown, from the big ticket events, to the more obscure, plus information about new businesses, deals, and interesting happenings.

BUSINESS DIRECTORIES
Each of our member businesses is listed on our online DowntownSantaCruz.com Business Directory. We also publish and distribute 50,000 copies of a popular fold-out illustrated paper Map and Directory with listings of all the retail, restaurants and services in the district, and maintain three freestanding business directory wayfinding signs on Pacific Avenue.

DOWNTOWN PROMOTIONS
Throughout the year, the Downtown Association typically promotes special and themed activities, building on successful events and inventing new activations. Popular community events include Kids Day, Wine Walk, Monthly Sidewalk Sales and of course winter Holiday traditions.

Downtown Sidewalk Sales
On the last weekend of each month, from March through Black Friday Weekend, the retail shops spill out onto the sidewalk for great month-end sales.

Where’s Waldo
In partnership with Bookshop Santa Cruz, Where’s Waldo is a great local summer activity that brings Waldo seekers around Downtown and into stores on a month-long scavenger hunt.

The Promotion culminates with a special event at Bookshop Santa Cruz with Prizes and Waldo himself.

Ice Cream Month
Downtown Santa Cruz would be remiss if we did not participate in National Ice Cream Month in July. Each year we host a coloring contest and invite folks to color their own exciting ice cream treat. Winners are selected in a variety of categories with a grand prize of ice cream for a year at the many favorite Downtown ice cream spots.

Back to School
Our back to school promotions celebrate students from kindergarten to postgraduates. Our targeted promotions for UCSC slugs and Cabrillo students aim to introduce our area’s newer residents to Downtown shops, restaurants, events and attractions.

13.9 Downtown Trick or Treat
One of our community’s favorite Santa Cruz traditions is Downtown Trick or Treat. Once again the Downtown Association will partner with our business members and the Santa Cruz Police Department to invite the community downtown for a fun, safe trick-or-treating good time.

Downtown Wine Walks
These Popular events are a great opportunity to showcase the local Appalachia and introduce wine lovers to new retail spots Downtown, and bring them back to visit their favorites. Presented twice a year, in November and in May, the Wine Walk is a great opportunity to bring visitors from around the Bay Area to spend a great afternoon in Downtown Santa Cruz.

Harvest Festival
This family-friendly event brings together a wide variety of local performers, artisans, food vendors, farm stands, classic carnival games and crafts. The Harvest Festival is a celebration of community; a chance to come together and appreciate the simple joys of the season. In partnership with the Santa Cruz Farmers Market.

Downtown Holiday Parade
The Official Kick Off to the Holiday Season happens on the first Saturday in December as the Downtown Holiday Parade marches, rolls, pedals, dances and sings up Pacific Avenue, bringing out thousands of locals, and amazing cross section of our community, and of course, the big finale of the Santa Cruz High School Cardinal Regiment Band followed by the man of the Hour atop a shiny, red, antique Santa Cruz Fire Engine.

Free Gift Wrapping
To show how much we appreciate the choice to shop local and support Downtown businesses, the Downtown Association of Santa Cruz, Santa Cruz Economic Development and the Santa Cruz Elk's Lodge have partnered to offer free gift wrapping on select days during December.

Reindeer Roundup
The holidays provide many opportunities for Downtown
promotion. Similar to our Summer Where’s Waldo
Scavenger hunt, the Reindeer Roundup brings families
into stores throughout the month of December, helping
Santa find his team.

Golden Envelope
The Downtown Association serves as a neighborhood
sponsor for the national Small Business Saturday event
and brings holiday shoppers downtown to support local
businesses during the Black Friday weekend, including
on Small Business Saturday. During this Willy Wonka
inspired event, shoppers are incentivized to come
Downtown to win a Golden Envelope filled with surprise gift cards, when they make qualifying purchases at participating retailers on Saturday.

13.10 Santa on Pacific Avenue
Those who have visited Santa on Pacific Avenue for a photo op know that the experience is not matched anywhere. These relaxed visits with our very special ambassador to the North Pole have reached a level of legend among local kids, parents and grandparents.

Kids Day Downtown
Dozens of children’s community organizations
provide free activities during this fun street fair.

Kids Day welcomes thousands of local families to
Downtown for entertainment and great specials
in our Downtown shops and restaurants.

Partner Events
In addition to producing events in-house, the
Downtown Association sponsors and supports
the production of a number of events throughout
the year that promote the brand of Downtown
Santa Cruz. Included in these events are Earth
Day, First Friday Santa Cruz, Dance Week Santa
Cruz, Santa Cruz Juneteenth, the Santa Cruz
Pride Parade & Festival, and more.

DOWNTOWN DOLLARS
Our Downtown Dollars program keeps tens of thousands of dollars in Downtown every year.

Accepted at 85+ businesses in the district, Downtown Dollars make great gifts and are available for purchase at Bookshop Santa Cruz, Pacific Cookie Company, the Downtown Information Kiosk, and online. Downtown Dollar gifts encourage local spending.

DOWNTOWN INFORMATION KIOSK
For over a decade, the visitor information center in the kiosk located at 1130K2 Pacific Avenue, at the intersection of Soquel Avenue in front of New Leaf Community Market, has been a Santa Cruz institution. The location provides valuable information and resources to visitors and locals, while promoting businesses and activities throughout the district. The cost of the kiosk has been offset by donated rent from the City of Santa Cruz Economic Development Department.

DOWNTOWN ADVOCACY
The Downtown Association maintains current knowledge of organizations and agencies that support doing business Downtown, and connects downtown businesses to resources. Downtown Association staff and Board members also serve as informed representatives of the downtown business community, on relevant issues, to the City Council, city management and other organizations interested in contributing to the business climate or community events in Downtown Santa Cruz. The Downtown Association’s ability to effectively represent the business interests downtown is dependent upon strong relationships with the many communities who use and support Downtown, as well as listening to our business members.

13.11 MEMBERSHIP EVENTS
One of the greatest assets of Downtown is our business community leaders, who bring their passions and talents downtown and open their doors to the public, defining the common experiences of Downtown Santa Cruz. The Downtown Association recognizes this asset, and fosters the connection of its members, and their ability to support each other, by hosting networking events designed to bring members together and enhance the sense of community.

The Association also offers grand opening ribbon cuttings to new business, and hosts informational meetings to educate and engage the business community on current issues.

WORKSHOPS
The Downtown Association hosts workshops and partners with other business service agencies to provide information, tools and knowledge that will help our members succeed.

Other Special Initiatives
Cognizant of the numerous large, mixed-use retail and residential developments underway in our district, the Downtown Association of Santa Cruz seeks to have an ongoing voice in the character of downtown. The Downtown Association supports family-friendly attractions and experiences, as well as privately-managed public spaces, which are widely desired by downtown’s business patrons. Creating more play spaces for children downtown is also an important, ongoing Board priority.

Conclusion
The Downtown Association of Santa Cruz is a pillar in promoting, managing, and advocating for our city’s core while supporting the community of neighborhood business leaders who make Downtown the attractive, unique, fun and lively place it is today. The Downtown Association is also an active participant in making our district cleaner, safer, and more welcoming, and in building the economic vibrancy of the Santa Cruz community.

13.12 FY 2024/25
Budget

REVENUE
Ambassador Services (DMC Contract) $337,000
Business Improvement Assessment (BIA) $420,000
Events & Sponsorships $40,000
Advertising & Other $55,000
Total Revenue $852,000

EXPENSES
Staffing
Ambassador Program & Kiosk Operations $378,412
District Marketing, Advocacy & Business Support $276,591 Total Staff Expense $655,003
District Marketing
Promotional Expenses $45,000
Activation / Event Expenses $55,000
Marketing Total $100,000
Beautification $25,000
Overhead $45,000
Other $25,000
Total Expense $850,003
Downtown Association of Santa Cruz
FY 2024/25 Budget

13.13 City Council

AGENDA REPORT
DATE: 05/07/2024
AGENDA OF: 05/28/2024
DEPARTMENT: Parks and Recreation
SUBJECT: Award Contract for Sergeant Derby Park Playground - Environmental Clearance: Exempt - Section 15301, Existing Facilities; Section 15302, Replacement or Reconstruction; Section 15303, New Construction or Conversion of New Structures; and Section 15304, Minor Alterations of Land (PR)
RECOMMENDATION: Motion to find that the project is exempt under CEQA, award a contract for the purchase of Sergeant Derby Park Playground Equipment to Landscape Structures, Inc. (Delano, MN) in the amount of $139,254.38, and authorize the City Manager to execute a cooperative purchasing agreement in a form approved by the City Attorney.

BACKGROUND: City Council authorized the Sergeant Derby Park playground renovation project as part of the FY 2024 Capital Investment Program (CIP) budget. The current playground, installed in 2001, is nearing the end of its lifespan and has several structural concerns. Staff have identified these concerns and conducted extensive public outreach to incorporate community feedback in designing a new, safe, and engaging playground. The new design meets current requirements under the Americans with Disabilities Act (ADA), as well as standards set by the American Society for Testing Materials (ASTM) and the Consumer Product Safety Commission (CPSC).

DISCUSSION: Section 3.08.170 of the Municipal Ordinance allows the City to buy from cooperative purchasing agreements when is in the best interest of the City to do so.

The City of Santa Cruz is a member of Cooperative NPP.Gov and will utilize a cooperative contract to purchase from Landscape Structures Incorporated. NPP Contract No. PS21070 is effective through March 22, 2027. The cooperative contract has been awarded by virtue of a public and formal competitive procurement process compliant with state statutes and formal procurement methods. Cooperative agreements result from a procurement process completed by a consortium or single agency that is authorized for use by other municipalities and government agencies.

Landscape Structures Incorporated has successfully completed other projects for the City in the past and staff recommends utilizing this vendor for this improvement to the Sergeant Derby Park playground.

14.1 HEALTH IN ALL POLICIES: The project implements Health in All Policies by supporting health and wellness, community connectedness, and equity, while also addressing deferred maintenance and safety. The project also aligns with Parks Master Plan 2030 goals and polices related to creating unique and interesting play structures, distributing them equally throughout the City, and ensuring they are safe and accessible.

ENVIRONMENTAL REVIEW: CEQA provides several “categorical exemptions” which are applicable to categories of projects and activities that the Lead Agency has determined generally do not pose a risk of significant impacts on the environment. The project consists of demolishing all or portions of a playground in preparation for adding new play structures, features, and surfacing at an existing neighborhood park. The project is exempt from CEQA under Section 15301, Existing Facilities (Class 1 Exemption); Section 15302, Replacement or Reconstruction (Class 2 Exemption); Section 15303, New Construction or Conversion of New Structures (Class 3 Exemption); and Section 15304, Minor Alterations of Land (Class 4 Exemption). The project involves the repair, maintenance, and minor alteration of an existing facility and would involve a negligible expansion of use beyond what currently exists. It consists of replacement and reconstruction of existing structures where the new ones will be located on the same site and will have the same purpose. It also includes the construction and location of a limited number of new, small facilities or structures, including replacing the existing play structures with new play structures in relatively the same size and scale. Additionally, the project consists of minor sitework which will not remove any healthy, mature, or scenic trees.

FISCAL IMPACT: The project (c302404 - Sgt. Derby Park Playground Renovation) is funded by Parks and Recreation Facilities Tax. This project has no impact on the General Fund.

Prepared By:

Mike Godsy
Field Supervisor
Submitted By:

Tony Elliot
Parks and Recreation Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. SGT. DERBY PARK PLAYGROUND RENDERINGS.PDF

2. COOPERATIVE PURCHASE AGREEMENT.PDF

3. 2021 ROSS RECREATION CORPORATE RESOLUTION.PDF

14.2 14.3

14.4 14.5
City of Santa Cruz Cooperative Purchase Agreement: Ross Recreation

COOPERATIVE PURCHASE AGREEMENT
THIS COOPERATIVE PURCHASE AGREEMENT (“Agreement”) is entered into as of May 28, 2024 (the “Effective Date”) between the City of Santa Cruz (“City”) and Ross Recreation Equipment Company, Inc. (“Vendor”) (collectively “Parties”) in order to incorporate a piggyback contract between Vendor and League of Oregon Cities (“Original Entity”), entitled Park, Playground, and Recreation Equipment Solicitation No. 2060, and dated March 22, 2021.

RECITALS
WHEREAS, the City wishes to obtain services relating to the Sergeant Derby Park Playground Renovation project (the “Services”) in a cost-effective manner, as defined and described in the Scope of Work, attached hereto as Exhibit A and incorporated herein by reference (“Scope of Work”).

WHEREAS, Original Entity published its Notice Inviting Bids for Park, Playground, and Recreation Equipment in accordance with Government Code Section 6066 and Public Contract Code Section 20112 (“Original Entity Notice”) concerning the same Services.

WHEREAS, Vendor submitted a Bid Proposal to the Original Entity Notice; WHEREAS, Original Entity selected Vendor based on Vendor’s Bid Proposal and Original Entity awarded the agreement on March 15, 2021 to Vendor (“Vendor Agreement”). The Vendor Agreement, incorporating Vendor’s Bid Proposal by reference, is attached hereto as Exhibit B and incorporated herein by reference; WHEREAS, the Vendor Agreement contains a “piggyback” cooperative provision, permitting the City to utilize the Vendor Agreement to purchase the Services;
WHEREAS, the City has determined that it is in its best interests to piggyback on the same terms as provided via the Vendor Agreement; and
WHEREAS, Vendor wishes to provide the City with the Scope of Work, pursuant to the terms and conditions of the Vendor Agreement, with appropriate modifications to address that the Contract is with City instead of the Original Entity.

AGREEMENT
NOW, THEREFORE, in consideration of each other’s mutual promises, and incorporating the above Recitals, the Parties hereto agree as follows:

SECTION 1: INCORPORATION OF DOCUMENTS

1. This Agreement fully incorporates by this reference the following documents:
a. Scope of Work, attached hereto as Exhibit A.
b. The Vendor Agreement, attached hereto as Exhibit B, but as modified by subpart 2, below. c. The City’s standard Terms and Conditions (“Terms and Conditions”), attached hereto as Exhibit C.

2. This Agreement makes the following modifications to the Vendor Agreement:
a. All references to “League of Oregon Cities,” “LOC,” “Purchaser” or the Original Entity in the Purchasing Agreement shall mean and refer to the City for purposes of this Agreement except Article II, section 1.9, where League of Oregon Cities is defined as the Lead Contracting Agency.

14.6 City of Santa Cruz Cooperative Purchase Agreement: Ross Recreation

All references to the Original Entity as a corporation in the Purchasing Agreement are to be replaced with references to the City as a California Charter City. b. Article 5 – Insurance, is replaced with Section 6: Insurance, below. c. Article 6 – Indemnification and Hold Harmless is modified such that the language of 6.2 is replaced with the following: LIMITATION OF LIABILITY: EXCEPT FOR THE INDEMNIFICATION

OBLIGATIONS AND EXCEPT WHERE CAUSED BY THE GROSS NEGLIGENCE OR

WILLFUL MISCONDUCT OF VENDOR, ITS OFFICERS, EMPLOYEES, AGENTS OR ANYONE ON VENDOR’S BEHALF IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR

ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY

DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT,

INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INJURIES TO PERSONS OR TO

PROPERTY OR LOSS OF PROFITS OR LOSS OF FUTURE BUSINESS OR REPUTATION,

WHETHER BASED ON TORT OR BREACH OF CONTRACT OR OTHER BASIS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. d. Article 15 – Notices is replaced with Section 8: Miscellaneous Provisions, subsection (3) Notices, below.

SECTION 2: SCOPE OF WORK
Vendor will furnish the Scope of Work, as further defined and described in the attached hereto as Exhibit A. Any change to the Scope of Work, including compensation in excess of the Total Maximum Cost, shall be made with the prior written approval of City and Vendor.

SECTION 3: PRECEDENCE
To the extent any term or condition of this Agreement is inconsistent with the Vendor Agreement, or any of the other exhibits hereto, the terms and condition of this Agreement shall have priority and control, in particular the Scope of Work (Section 1), payment (Section 4), venue and jurisdiction (Section 8(4)), insurance (Section 6), and indemnification (Section 7) provisions in this Agreement which shall control over all other contradictory provisions. The order of control is: This Agreement, the Terms and Conditions, the Exhibit A Statement of Work and then the Vendor Agreement.

SECTION 4: PRICING AND PAYMENT
Vendor hereby acknowledges and certifies that the prices indicated herein and in the referenced documents are the prices indicated and/or authorized in the Vendor Agreement.

The total not-to-exceed cost for this Agreement shall not exceed one hundred thirty-nine thousand two hundred fifty-four dollars and thirty-eight cents ($139,254.38) (the “Total Maximum Cost”). The Total Maximum Cost consists of the costs for all services rendered by Vendor in the performance of the Scope of Work, as identified in Exhibit A.

For Services actually rendered, the City will pay all undisputed sums properly invoiced and on a form acceptable to the City, within thirty (30) days based on itemized invoices from the Vendor listing actual costs and expenses.

This Agreement is contingent upon the appropriation of sufficient funding by the City for the Services covered by this Agreement. If funding is reduced or deleted by the City for the Services covered by this

14.7 City of Santa Cruz Cooperative Purchase Agreement: Ross Recreation

Agreement, the City has the option without penalty or liability to either terminate this Agreement or to offer an amendment to this Agreement indicating the reduced amount.

All invoices shall contain the following affidavit signed by Vendor (if individual) or by an authorized representative of Vendor’s firm (if Vendor is an entity):
"I hereby certify [or an authorized representative of Vendor] that the charge of (Insert invoice amount) as summarized above and shown in detail on the attachments is a is in accordance with the terms of Agreement dated [Insert Agreement Date], and has not been previously paid."
SECTION 5: TERM AND SCHEDULE
The term of this Agreement shall be on the effective date of this Agreement and terminating upon completion of the Scope of Work. Vendor shall begin work as specified in a written authorization (e.g., Notice to Proceed).

The written authorization to perform work shall not be issued until after this Agreement has been approved and authorized by the City.

SECTION 6: INSURANCE
Prior to the beginning of and throughout the duration of the Agreement, Vendor will maintain and comply with the Insurance Requirements as set forth in Exhibit D. Vendor will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder. The insurance coverages required shall not in any way limit the liability of the Vendor.

SECTION 7: INDEMNIFICATION
Vendor agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”) arising in any way related to the obligations or performance of this Agreement by Vendor, Vendor’s officers, employees, agents, or subcontractors in any way related to this Agreement. Vendor’s duty to indemnify and hold harmless Indemnitees shall not apply to the extent such Losses are caused by the sole or active negligence or willful misconduct of Indemnitees. The obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.

The obligations of the Vendor under this Section shall survive expiration or termination of the Agreement to the fullest extent permitted by law.

In the event this Agreement involves the performance of design professional services by Vendor, Vendor’s officers, employees, agents, or subcontractors, Vendor’s costs to defend Indemnitees shall not exceed the Vendor’s proportionate percentage of fault per Civil Code §2782.8. This section shall survive the termination or expiration of this Agreement.

SECTION 8: MISCELLANEOUS PROVISIONS

1. Complete Agreement. This Agreement, along with any attachments, is the full and complete integration of the Parties’ agreement with respect to the matters addressed herein, and that this Agreement supersedes any previous written or oral agreements between the Parties with respect to the matters addressed herein.

Unless otherwise stated, to the extent there is any conflict between this Agreement and any other agreement (written or oral), the terms of this Agreement shall control.

2. Venue and Jurisdiction. This Agreement shall be governed by and interpreted in accordance with California law. Any action or proceeding to enforce this Agreement shall be commenced and maintained

14.8 City of Santa Cruz Cooperative Purchase Agreement: Ross Recreation

in Santa Cruz, California. Notwithstanding any provision to the contrary, this venue and jurisdiction provision shall control over any contradictory provision in the Vendor Agreement.

3. Notices. If either party shall desire or is required to give notice to the other such notice shall be given in writing, via email, and concurrently delivered by: (a) personal delivery, in which case notice is effective upon delivery; (b) overnight courier (i.e., Federal Express) with charges prepaid or charged to the sender’s account, in which case notice is effective when delivered; (c) priority U.S. Mail, in which case notice shall be deemed delivered on the second business day after the deposit thereof with the U.S. Postal Service. Notices shall be addressed to recipient as follows:

To CITY:

Parks & Recreation
Tony Elliot
323 Church St.

Santa Cruz, CA 95060
[email protected]
831-420-5270
To VENDOR:

Ross Recreation Equipment Company Inc.

Heather Hailey
100 Brush Creek Rd, Suite 206
Santa Rosa, CA 95404
[email protected]
707-538-3800
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

4. Counterparts. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.

5. Warranty of Authority. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement. [SIGNATURES ON FOLLOWING PAGE]

14.9 City of Santa Cruz Cooperative Purchase Agreement: Ross Recreation

Approved As To Form:

By: _____________________________ Date: _________________ Office of the City Attorney
VENDOR
By: _____________________________ Date: _________________ Printed: ___________________________ Title: __________________ By: _____________________________ Date: _________________ Printed: ___________________________ Title: __________________ Signature Requirements for a Corporation – 2 officer signatures required (one from each group, unless person signing holds officer positions in both Group 1 and 2):

Group 1: Chief Executive Officer, Chairman of the Board, President, or Vice President Group 2: Secretary, Assistant Secretary, Chief Financial Officer, Treasurer, Assistant Treasurer

CITY OF SANTA CRUZ
By: _____________________________ Date: _________________ Matt Huffaker, City Manager

May 13, 2024

14.10 Casey Hilbert [email protected]
Ross Recreation Representative
00043345 $139,254.38
Est Lead Time 20-24 weeks
Quote Exp Date 7/3/2024
Quote Date 5/3/2024
Quote Name Sergeant Derby Park (-01-03)
Opportunity Name Sergeant Derby Park
Quote Number 00043345
San Jose St & Woodland St
Santa Cruz, California 95060
United States
Ship To
Ship To Name Sergeant Derby Park
Phone (831) 420-5270
323 Church Street
Santa Cruz, California 95060
United States
Bill To
Bill To Name Santa Cruz Purch., City of
Contact Name Mike Godsy

ALL PURCHASE ORDERS, CONTRACTS, AND
CHECKS TO BE MADE OUT TO:

Ross Recreation Equipment, Inc.
100 Brush Creek Road, #206
Santa Rosa, CA. 95404
707.538.3800 - [email protected]
PS21070
Prepared For:

Quantity Product Product Description Sales
Price Total Price

1.00 Demolition
Demolition and disposal of existing play equipment. Footings to remain unless they land in footprint of new structure.
* Installation price quoted for favorable working conditions. If rock, poor soil conditions, a high water table and/or other unforeseen site conditions exist requiring additional materials and labor, additional charges may be incurred.
$9,350.00 $9,350.00

1.00 Site Work Excavation of existing wood chips to native soil for 4' x 10' access pad $750.00 $750.00

1.00 Site Work Installation of 8-10" of compacted Class II base rock for 4' x 10' access pad, set 3-1/2" below finish grade $1,200.00 $1,200.00

1.00 PlayBooster,
5-12
Landscape Structures PlayBooster Design #1182377-01-03, Ages 5-12, Colors TBD * Includes main play structure, swings and Curva spinner $73,700.00 $73,700.00

1.00 NPP Ross
Discount 5% NPP Discount on Play Equipment -$3,685.00 -$3,685.00

1.00 Install - Play
Equipment
Installation of Landscape Structures Design #1182377-01-03 by a manufacturer certified installer.
* Project DIR # needed for state Prevailing Wage projects. * Installation price quoted for favorable working conditions. If rock, poor soil conditions, a high water table and/or other unforeseen site conditions exist requiring additional materials and labor, additional charges may be incurred.
* Installation quoted equipment layout, footing excavation, equipment assembly and concrete footings per manufacturer specifications. If different footing details are provided by the owner/specifier a change order may be required.
* Installation quoted includes installing footings through native soil or 95% compacted base rock.
$28,525.00 $28,525.00
Surface America ‘PlayBound’ Poured-In-Place Rubber surfacing materials:
~ Square Footage: 75 sqft
~ Thickness: 3-1/2” (per 8’ CFH of proposed play equipment) ~ Binder: Aromatic Urethane
~ Color: 50% Color & 50% Black speckled mix (Colors TBD) Exhibit A
Type text here

14.11 Casey Hilbert [email protected]
Ross Recreation Representative
00043345 $139,254.38
Thank you for the opportunity to quote your
upcoming project. PLEASE NOTE: Quote does
not include engineering calculations, storage,
permits or inspection unless otherwise noted.

Unless noted, freight costs are based on
semi-truck access.

If ordering materials after the quoted expiration
date, please request a revised quote for current
pricing. Due to material cost increases and a
fluid pricing environment, Ross Recreation
cannot hold pricing past the stated expiration
date on this quote.

Note to Customer
(Install)
Signature _________________________________
Name ____________________________________
Title _____________________________________
Date _____________________________________

SIGNATURE BELOW ACCEPTING THIS PROPOSAL WILL CONSTITUTE A PURCHASE ORDER ONLY UPON APPROVAL BY ROSS RECREATION EQUIPMENT, INC. CUSTOMER RECEIPT OF AN ORDER ACKNOWLEDGEMENT CONSTITUTES SUCH APPROVAL.

Total $139,254.38
Freight Amount $11,202.00
Labor Amount $49,195.95
Tax Amount $6,676.63
Credit Terms Net 30 On Materials Shipment Materials Amount $72,179.80

1.00 PIP Rubber * Rubber surfacing will follow contour of sub-base and be 3-1/2" thick throughout the area. * Any change to color, thickness, sqft or binder type may require a change order. * It is the responsibility of the General Contractor to verify all colors and square footage prior to placing an order. Any changes will require a revised quote and may result in a price increase.
* Pricing does not include sub-base materials. Acceptable sub-base materials include:

Concrete, Asphalt or Compacted Base Rock. More details available upon request. * Thicknesses quoted to meet industry standards for ASTM testing of 1000 HIC/200 GMax. $2,255.00 $2,255.00

1.00 NPP Ross
Discount 4% NPP Discount on Surfacing Materials -$90.20 -$90.20

1.00 Install -
Rubber
Surfacing
Installation of 75 sqft of Surface America ‘PlayBound’ Poured-in-Place rubber surfacing at 3-1/2" thickness by a manufacturer certified installer. Price does not include sub-base preparation, drainage, design work or inspections. General contractor is responsible for verifying that quoted material meets all details and that sub-base is prepared at the proper depth from finish grade. Surfacing will be installed to follow slope of the sub-base and thickness of safety surfacing quoted to be kept consistent. Surfacing will not be installed thicker over drains unless requested. Please advise if surfacing is to be installed in any other manner so quote can be adjusted.
* Does not include security or temporary fencing to protect surfacing during 12-24 hour cure time. If security/fencing is to be provided by Ross Recreation a change order will be required.
$4,065.00 $4,065.00

1.00 Rentals 250 linear feet of temporary fencing for duration of project $1,250.00 $1,250.00

1.00 Bond Payment & Performance Bonds $4,055.95 $4,055.95 Notes to Customer
New Section

14.12 LEAGUE OF OREGON CITIES

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

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

ARTICLE 1 – CERTAIN DEFINITIONS

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

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

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

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








  



Exhibit B

14.13 2

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

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

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

1.8 “National Purchasing Partners” or “(NPP)” is a subsidiary of two nonprofit health care systems.

The Government Division of NPP, hereinafter referred to as “NPPGov”, provides group purchasing marketing and administrative support for governmental entities within the membership. NPPGov’s membership includes participating public entities across North America.

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

1.10 “Participating Agencies” shall mean members of National Purchasing Partners for which Vendor has agreed to extend the terms of this Master Price Agreement pursuant to Article 2.6 and Attachment C herein. For purposes of cooperative procurement, “Participating Agency” shall be considered “Purchaser” under the terms of this Agreement.

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

ARTICLE 2 – AGREEMENT TO SELL

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

2.2 Vendor may add additional products and services to the contract provided that any additions reasonably fall within the intent of the original RFP specifications. Pricing on additions shall be equivalent to the percentage discount for other similar products. Vendor may provide a web-link with current product listings, which may be updated periodically, as allowed by the terms of the resulting Master Price Agreement.

Vendor may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products may be added to avoid competitive procurement requirements. LOC may reject any additions without cause.

2.3 All Purchase Orders issued by Purchaser to Vendor for Products during the term (as hereinafter defined) of this Agreement are subject to the provisions of this Agreement as though fully set forth in such Purchase Order. The Vendor retains authority to negotiate above and beyond the terms of this Agreement to meet the Purchaser or Vendor contract requirements. In the event that the provisions of this Agreement conflict with any Purchase Order issued by Purchaser to Vendor, the provisions of this Agreement shall govern. No other terms and conditions, including, but not limited to, those contained in Vendor’s standard 







  




14.14 3
printed terms and conditions, on Vendor’s order acknowledgment, invoices or otherwise, shall have any application to or effect upon or be deemed to constitute an amendment to or to be incorporated into this Agreement, any Purchase Order, or any transactions occurring pursuant hereto or thereto, unless this Agreement shall be specifically amended to adopt such other terms and conditions in writing by the Parties.

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

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

2.6 Extension of contract terms to Participating Agencies:

2.6.1 Vendor agrees to extend the same terms, covenants and conditions available to Purchaser under this Agreement to Participating Agencies, that have executed an Intergovernmental Cooperative Purchasing Agreement (“IGA”) as may be required by each Participating Agency’s local laws and regulations, in accordance with Attachment C. Each Participating Agency will be exclusively responsible for and deal directly with Vendor on matters relating to ordering, delivery, inspection, acceptance, invoicing, and payment for Products and Services in accordance with the terms and conditions of this Agreement as if it were “Purchaser” hereunder. Any disputes between a Participating Agency and Vendor will be resolved directly between them under and in accordance with the laws of the State in which the Participating Agency exists.

Pursuant to the IGA, the Lead Contracting Agency shall not incur any liability as a result of the access and utilization of this Agreement by other Participating Agencies.

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

2.6.3 Vendor acknowledges execution of the Vendor Administration Fee Agreement, Contract Number PS21070, with NPPGov, pursuant to the terms of the RFP.

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

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

ARTICLE 3 – TERM AND TERMINATION

3.1 The initial contract term shall be for three (3) calendar years from the Effective Date of this Agreement (“Initial Term”). Upon termination of the original three (3) year term, this Agreement shall automatically extend for up to three (3) successive one (1) year periods; (each a “Renewal Term”); provided, 







  




14.15 4
however, that the Lead Contracting Agency and/or the Vendor may opt to decline extension of the MPA by providing notification in writing at least thirty (30) calendar days prior to the annual automatic extension anniversary of the Initial Term.

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

ARTICLE 4 – PRICING, INVOICES, PAYMENT AND DELIVERY

4.1 Purchaser shall pay Vendor for all Products and Services ordered and delivered in compliance with the terms and conditions of this Agreement at the pricing specified for each such Product and Service on Attachment A, including shipping. Unless Attachment A expressly provides otherwise, the pricing schedule set forth on Attachment A hereto shall remain fixed for the Initial Term of this Agreement; provided that manufacturer pricing is not guaranteed and may be adjusted based on the next manufacturer price increase.

Pricing contained in Attachment A shall be extended to all NPPGov, Public Safety GPO, First Responder GPO and Law Enforcement GPO members upon execution of the IGA.

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

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

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

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

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

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

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

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

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








  




14.16 5
ARTICLE 5 – INSURANCE

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

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

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

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

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

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

ARTICLE 6 – INDEMNIFICATION AND HOLD HARMLESS

6.1 Vendor agrees that it shall indemnify, defend and hold harmless Lead Contracting Agency, its respective officials, directors, employees, members and agents (collectively, the “Indemnitees”), from and against any and all damages, claims, losses, expenses, costs, obligations and liabilities (including, without limitation, reasonable attorney’s fees), suffered directly or indirectly by any of the Indemnitees to the extent of, or arising out of, (i) any breach of any covenant, representation or warranty made by Vendor in this Agreement, (ii) any failure by Vendor to perform or fulfill any of its obligations, covenants or agreements set forth in this Agreement, (iii) the negligence or intentional misconduct of Vendor, any subcontractor of Vendor, or any of their respective employees or agents, (iv) any failure of Vendor, its subcontractors, or their respective employees to comply with any Applicable Law, (v) any litigation, proceeding or claim by any third party relating in any way to the obligations of Vendor under this Agreement or Vendor’s performance under this Agreement, (vi) any Employee Taxes or Unemployment Insurance, or (vii) any claim alleging that the Products and Services or any part thereof infringe any third party’s U.S. patent, copyright, trademark, trade secret or other intellectual property interest. Such obligation to indemnify shall not apply where the damage, claim, loss, expense, cost, obligation or liability is due to the breach of this Agreement by, or negligence or willful misconduct of, Lead Contracting Agency or its officials, directors, employees, agents or contractors.

The amount and type of insurance coverage requirements set forth herein will in no way be construed as 







  




14.17 6
limiting the scope of the indemnity in this paragraph. The indemnity obligations of Vendor under this Article shall survive the expiration or termination of this Agreement for two years.

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

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

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

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

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

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

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

ARTICLE 8 - INSPECTION AND REJECTION

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

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

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

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







  




14.18 7
ARTICLE 10 - COMPLIANCE WITH LAWS

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

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

ARTICLE 11 – PUBLICITY / CONFIDENTIALITY

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

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

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

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

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








  




14.19 8
ARTICLE 15 - NOTICES
All notices required or permitted to be given or made in this Agreement shall be in writing. Such notice(s) shall be deemed to be duly given or made if delivered by hand, by certified or registered mail or by nationally recognized overnight courier to the address specified below:

If to Lead Contracting Agency:

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

Ross Recreation Equipment Company, Inc.
100 Brush Creek Rd., #206
Santa Rosa CA 95404
ATTN: Heather Hailey
Email: [email protected]
Either Party may change its notice address by giving the other Party written notice of such change in the manner specified above.

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

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








  




14.20 9
ARTICLE 18 - PARTIES BOUND; ASSIGNMENT
This Agreement shall inure to the benefit of and shall be binding upon the respective successors and assigns of the Parties hereto, but it may not be assigned in whole or in part by Vendor without prior written notice to Purchaser which shall not be unreasonably withheld or delayed.

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

ARTICLE 20 - INCORPORATION; ENTIRE AGREEMENT

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

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

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

ARTICLE 22 - MODIFICATIONS
This Agreement may be modified or amended only in writing executed by Vendor and the Lead Contracting Agency. The Lead Contracting Agency and each Participating Agency contracting hereunder acknowledge and agree that any agreement entered into in connection with any Purchase Order hereunder shall constitute a modification of this Agreement as between the Vendor and the Participating Agency. Any modification of this Agreement as between Vendor and any Participating Agency shall not be deemed a modification of this Agreement for the benefit of the Lead Contracting Agency or any other Participating Agency.

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







  




14.21 10
ARTICLE 24 - COUNTERPARTS
This Agreement may be executed in counterparts all of which together shall constitute one and the same Agreement.

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

PURCHASER:

Signature: ____________________________________
Printed Name:

Title: ____________________________________________

LEAGUE OF OREGON CITIES
Dated: ____________________________
VENDOR:

Signature: ______________________________
Printed Name:

Title: _____________________________
Ross Recreation Equipment Company, Inc.

Dated: ____________________________








  







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14.22 ATTACHMENT A
to Master Price Agreement by and between VENDOR and PURCHASER.

PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES

EQUIPMENT CATEGORIES
PROPOSED BRAND PROPOSED DISCOUNT OFFERED (%) OFF

PUBLISHED LIST PRICE

VOLUME DISCOUNT

OFFERED

1. SCHOOL AGE PLAYGROUNDS
AND COMPONENTS LANDSCAPE STRUCTURES, INC. 5% MATERIAL DISCOUNT OFF LIST PRICE > $100,000 MATERIALORDER = ADD'L 2%

2. AQUATIC & OTHER
PLAYGROUNDS AND VORTEX AQUATIC STRUCTURES 3% MATERIAL DISCOUNT OFF LIST PRICE > $50,000 MATERIALORDER = ADD'L 2%

3. SHELTERS AND SHADE

STRUCTURES
CLASSIC RECREATION; CUSTOM CANOPIES;

LANDSCAPE STRUCTURES SKYWAYS
5% MATERIAL DISCOUNT OFF LIST PRICE N/A

4. OUTDOOR FITNESS

EQUIPMENT

LANDSCAPE STRUCTURES HEALTHBEAT &
FITCORE EXTREME 5% MATERIAL DISCOUNT OFF LIST PRICE > $100,000 MATERIALORDER = ADD'L 2%

5. SAFETY SURFACING
SURFACE AMERICA RUBBERIZED SURFACING;
FOREVERLAWN SYNTHETIC TURF;
SOFSURFACES TILE; FIBAR AND ZEAGER

BROTHERS ENGINEERED WOOD FIBER
4% MATERIAL DISCOUNT OFF SURFACE
AMERICA & SOFSURFACES LIST PRICE; 8%

MATERIAL DISCOUNT OFF
FOREVERLAWN LIST PRICE; 5% MATERIAL

DISCOUNT OFF FIBAR LIST PRICE

SINGLE PROJECT OVER
10,000 SQUARE FEET =
ADD'L 2%

6. SITE AMENITIES DUMOR, INC; WEBCOAT/SUPERIOR
AMENITIES 3% MATERIAL DISCOUNT OFF LIST PRICE 30 UNITS OR MORE* =ADD'L 2%

7. INSTALLATION

MANUFACTURER CERTIFIED INSTALLERS &

SUB-CONTRACTORS
QUOTED ON A PER PROJECT BASIS;
MARK-UP NOT TO EXCEED 25% ABOVE

TOTAL COSTS
N/A

8. OTHER
SCOREMASTER SPORTS GOALS; LA
STEELCRAFT; PW ATHLETIC; JAYPRO ATHLETIC;
DOGIPOT; HAWS DRINKING FOUNTAINS
4% MATERIAL DISCOUNT OFF LIST PRICE 15 UNITS OR MORE*
= ADD'L 2%








  




14.23 *ALL UNITS ORDERED AT ONE TIME ON ONE PURCHASE ORDER.

AVAILABLE 2021 PRICE LISTS INCLUDED IN PROPOSAL APPENDIX.

PRICE LISTS ARE SUBJECT TO CHANGE BASED ON CURRENT MANUFACTURER'S PRICING AND ANNUAL PRICING CHANGES.

THE FOLLOWING DO NOT HAVE STANDARD PUBLISHED PRICE LISTS DUE TO THE CUSTOM NATURE OF HOW MATERAILS ARE QUOTED PER PROJECT: LANDSCAPE STRUCTURES, VORTEX,

CLASSIC RECREATION, CUSTOM CANOPIES, SURFACE AMERICA, SOFSURFACES, FOREVERLAWN, ZEAGER BROTHERS AND FIBAR.

Pricing contained in this Attachment A shall be extended to all NPPGov members upon execution of the Intergovernmental Agreement.

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







  




14.24 13

ATTACHMENT B
to Master Price Agreement by and between VENDOR and PURCHASER.

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







  




14.25 14

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

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

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







  




14.26 15

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

Vendor’s Proposal
(The Vendor’s Proposal is not attached hereto.)
(The Vendor’s Proposal is incorporated by reference herein.) 







  




14.27 16

ATTACHMENT E
to Master Price Agreement by and between VENDOR and PURCHASER.

Purchaser’s Request for Proposal
(The Purchaser’s Request for Proposal is not attached hereto.) (The Purchaser’s Request for Proposal is incorporated by reference herein.) 







  




14.28 LEAGUE OF OREGON CITIES

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

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

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

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

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

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

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

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

INQUIRIES:

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

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

14.29 NOTICE OF SOLICITATION

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

All Proposals must be signed, sealed and addressed to:

Mailing Address:

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

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

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

INQUIRIES:

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

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

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

14.30 IMPORTANT

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

1.0 INTENT:

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

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

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

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

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

14.31 utilization.

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

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

1.3 REQUIREMENTS

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

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

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

1.3.3 NPPGov, Public Safety GPO, First Responders GPO, and Law Enforcement GPO provide vendor exposure/marketing and contract utilization support for the successful Proposer’s products and services. Successful Proposers servicing the awarded contract to Participating Agencies shall pay a Contract Administration Fee representing 2% percent of actual net sales under the Master Price Agreement as established in the NPPGov Vendor Administration Agreement (available upon request). Administration fee may not be listed or charged as a separate line item to users of the contract. The value of trade-ins or rebates shall not affect the amount of the administration fee paid to NPPGov.

14.32 1.4 MULTIPLE AWARDS
Multiple awards may be granted to meet the requirements of this Solicitation provided that such awards are differentiated by product make and model, service, and/or distribution regions and capabilities of the successful Proposers. Specifically, the LOC may award separate contracts to Proposers in order to cover all local and national geographical markets, electronic purchasing capabilities, and products and services identified in this Request for Proposal, as well as the diverse and large number of Participating Agencies.

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

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

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

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

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

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

2.0 SCOPE OF WORK:

2.1 REQUIREMENTS OF PROPOSERS SUBMITTING A RESPONSE:

Proposers must present clear and concise evidence indicating Proposer’s ability to comply with the requirements stated herein and to provide and deliver the specified products and services to Participating Agencies.

14.33 2.1.1 PROPOSER COMMITMENTS
Each Proposer is required to commit to low pricing, and accurate and timely reporting to NPPGov pursuant to the reporting requirements identified in the NPPGov Vendor Administration Agreement (available upon request). In addition, successful Proposer(s) with a national presence must commit to marketing of the Master Price Agreement nationwide and that the sales force will be trained, engaged and committed to offering NPPGov pricing to member government agencies nationwide, including the opportunity for NPPGov to train the Vendor sales staff.

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

2.2 PRODUCTS AND SERVICES:

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

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

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

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

2.3 PRICING:

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

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

Proposer shall identify the catalog used.

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

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

If proposers are responding with option “B”, proposers may request price increases based on manufacturer costs, cost of labor and/or materials that must be supported by appropriate documentation. If LOC agrees to the price modification, LOC may approve in writing, including electronic mail, without the need for a written amendment to the Master Price Agreement.

14.34 2.3.2 Proposers may also add additional products and services provided that any additions reasonably fall within the intent of the original RFP specifications. Pricing on additions shall be equivalent to the percentage discount for other similar products. Proposer may provide a web-link with current product listings, which may be updated periodically, as allowed by the terms of the resulting Master Price Agreement. Proposer may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products may be added to avoid competitive procurement requirements. LOC may reject any additions without cause.

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

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

2.4 TAX:

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

3.0 SPECIAL TERMS & CONDITIONS:

3.1 MASTER PRICE AGREEMENT TERM:

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

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

3.3 INDEMNIFICATIONS AND INSURANCE:

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

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

3.3.2 Insurance Requirements.

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

14.35 said insurance companies meet the approval of the LOC.

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

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

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

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

3.3.3 Commercial, automobile and workers’ compensation insurance.

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

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

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

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

4.0 SCHEDULE, RESPONSE PREPARATION AND SUBMISSION

4.1 SCHEDULE OF EVENTS

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

Sollicitation Notice Publication: OCTOBER 14th , 2020

4.1.2 Question and Answer period

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

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

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

Approximate award date: JANUARY 4TH, 2021.

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

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

4.2 REVIEW, INQUIRIES AND NOTICES:

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

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

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

Mike Cully

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

No oral communication is binding on the LOC.

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

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

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

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

4.3 INSTRUCTIONS FOR PREPARING AND SUBMITTING PROPOSALS:

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

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

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

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

4.4 EXCEPTIONS AND DEVIATIONS TO THE RFP
The Proposer shall identify and list all exceptions taken to all sections of this RFP and list these exceptions, referencing the section (paragraph) where the exception exists and stating the proposed

14.38 revision. The Proposer shall list these exceptions under the heading, “Exception to the Solicitation, RFP Number 2060.” Exceptions not listed under the heading “Exception to the Solicitation, RFP Number 2060.” shall be considered invalid. The LOC reserves the right to reject exceptions, render the proposal non-responsive, enter into negotiation on any of the Proposer exceptions, or accept any or all exceptions.

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

4.5 RESPONSE FORMAT AND CONTENT:

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

4.5.1 Letter of Transmittal

4.5.2 Table of Contents

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

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

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

4.5.6 Exceptions to the Solicitation, RFP Number 2060.

4.5.7 PRICING SCHEDULE (“ATTACHMENT D”).

4.5.8 PROPOSER PROFILE WORKBOOK (“ATTACHMENT B”).

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

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

4.5.11 Signed Addenda, if any.

4.5.12 Proposal Final Certification.

5.0 EVALUATION AND POST SUBMISSION

5.1 EVALUATION OF PROPOSAL – SELECTION FACTORS:

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

14.39 Experience & References 6) Coverage 7) Conformance At the LOC’s discretion, Proposers may be invited to make presentations to the Evaluation Committee.

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

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

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

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

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

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

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

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

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

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

5.2.2 The LOC reserves the right to:

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

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

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

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

5.3 PROTEST PROCESS
A prospective Proposer may protest the procurement process of the Solicitation for an Agreement solicited under ORS 279B. Before seeking judicial review, a prospective Proposer must file a written

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

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

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

5.5 POST AWARD MEETING:

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

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

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

14.41 ATTACHMENT A

INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
(The Intergovernmental Cooperative Purchasing Agreement is not attached hereto, but the current version is available upon request from the Lead Public Agency)
(The Intergovernmental Cooperative Purchasing Agreement is incorporated by reference herein)

14.42 ATTACHMENT B
Proposer Profile Workbook to be completed by all responders as directed herein (fillable form available upon request)

1.0 GENERAL QUESTIONS:

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

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

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

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

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

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

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

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

14.43 2.0 ABOUT PROPOSER:

2.1 State of incorporation:

2.2 Federal Tax Identification Number:

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

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

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

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

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

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

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

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

14.44 3.0 DISTRIBUTION SYSTEM:

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

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

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

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

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

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

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

3.6 If answered yes to 3.5, include a copy of or link to authorized dealers or distributors.

14.45 4.0 MARKETING:

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

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

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

5.0 POINT OF CONTACT:

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

Contact Person: Title:

Mailing Address:

City: State & Zip:

Email Address:

Phone #: Fax #:

Attach current resume of National Account Manager that will be the POC managing this contract.

14.46 6.0 CUSTOMER SUPPORT SERVICES:

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

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

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

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

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

6.5 Special Orders. [Insert response in box below]

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

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

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

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

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

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

6.12 Shipment tracking. [Insert response in box below]

6.13 Back order tracking process. [Insert response in box below]

14.47 6.14 Return Item process, including any/all associated fees (e.g., restocking, shipping, turnaround time on returns). [Insert response in box below]

6.15 Electronic billing. [Insert response in box below]

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

6.17 Other services not already covered. [Insert response in box below]

14.48 7.0 DELIVERY AND FREIGHT CHARGES:

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

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

8.0 VENDOR TERMS AND CONDITIONS.

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

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

9.0 WARRANTY INFOMATION:

9.1 Identify warranty options, if applicable. [Insert response in box below]

14.49 Exhibit 1
PARK, PLAYGROUND, AND RECREATION EQUIPMENT Coverage

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

ALABAMA
ALASKA

ARIZONA

ARKANSAS

CALIFORNIA

COLORADO

CONNECTICUT

DELAWARE

FLORIDA

GEORGIA
HAWAII
IDAHO

ILLINOIS

INDIANA
IOWA
KANSAS

KENTUCKY

LOUISIANA
MAINE

MARYLAND

MASSACHUSETTS

MICHIGAN

MINNESOTA

MISSISSIPPI

MISSOURI

MONTANA

NEBRASKA
NEVADA

NEW HAMPSHIRE

NEW JERSEY

NEW MEXICO

NEW YORK

NORTH CAROLINA

NORTH DAKOTA
OHIO

OKLAHOMA
OREGON

PENNSYLVANIA

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

RHODE ISLAND

SOUTH CAROLINA

SOUTH DAKOTA

TENNESSEE
TEXAS
UTAH

VERMONT

VIRGINIA

WASHINGTON

WEST VIRGINIA

WISCONSIN

WYOMING

14.51 THE FORM LISTED BELOW MUST BE SIGNED AND RETURNED WITH SOLICITATION RESPONSE

14.52 Exhibit 2
Declaration of Non-Collusion
The undersigned does hereby declare that there has been no collusion between the undersigned, the LEAGUE OF OREGON CITIES, and National Purchasing Partners, and in further support of said Declaration, states as follows:

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

DATED this ______ day of _____________, _______.

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

14.53 ATTACHMENT C

SPECIFICATIONS

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

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

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

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

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

CATEGORY 2: AQUATIC & OTHER PLAYGROUNDS AND COMPONENTS:

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

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

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

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

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

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

14.54 ATTACHMENT D

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

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

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

EXAMPLE

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

SCHOOL AGE PLAYGROUNDS &

COMPONENTS

AQUATIC & OTHER PLAYGROUNDS &

COMPONENTS

SHELTERS AND SHADE STRUCTURES

OUTDOOR FITNESS EQUIPMENT

SAFETY SURFACING

SITE AMMENITIES

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

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

14.55 ATTACHMENT E

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

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

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

STEP 1
Proposal Responsiveness
Component YES NO
Submitted on time
Company name and RFP number on outermost
packaging
Completed Proposer Profile Workbook (PPW)
Included pricing structure
Included references
Proposal signed
Deemed Fully Responsive YES NO
Categorized as Local, Regional or National Local Regional National

14.56 Proposal Evaluation Form
STEP 2
Full Evaluation of Proposal
Point Value Definitions
(5) Exceeded Requirements - Compelling Detail, Showed Ability to Complete (4) Met Requirements - Thorough, Provided Supportive Material/Examples (3) Satisfied Requirements - Sufficient
(2) Unclear if Requirements Met - Poor or Confusing
(1) Did Not Comply with Requirements - Substandard or Blank

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

Shipping conditions.

PPW Section 7.0 and Pricing
structure.
25 Comments:

Product Line (Score only
categories proposed):

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

PPW Section 9.0.
15 Comments:

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

Willingness to allow
training of salesforce.

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

Additional services offered.

Conduct e-commerce.

PPW Sub-Sections 2.3 & 2.4
and Section 6.0.
15 Comments:

14.57 Proven Experience: Success
in providing products and
services in a timely manner.

Years in business,
references and reputation.

Experience with cooperative
purchasing.

PPW Sub-Section 1.2.
15 Comments:

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

PPW Section 3.0 and Exhibit 1.
10 Comments:

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

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

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

PPW Section 8.0 and 4.5 of
RFP.
5 Comments:

TOTAL 100
General Comments:

Name of Evaluator _________________________
Signature _________________________________
Date _________________

14.58 ATTACHMENT F

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

14.59 (12) Contractor certifies compliance with all applicable Oregon tax laws, in accordance with ORS 305.385. (13) Contractor certifies that it has not discriminated against minorities, women, emerging small business enterprises certified under ORS 200.055, or business enterprises owned or controlled by or that employ a disabled veteran in obtaining any required subcontractors.

14.60 ATTACHMENT G

WIPHE RESPONSE FORM

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

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

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

WIPHE shall determine, at its absolute discretion, whether it shall accept and/or utilize the contract resulting from the Request for Proposal

14.61 Washington Institutions of Public Higher Education (WIPHE)

FOUR-YEAR UNIVERSITIES

CENTRAL WASHINGTON UNIVERSITY

EASTERN WASHINGTON UNIVERSITY

THE EVERGREEN STATE COLLEGE

UNIVERSITY OF WASHINGTON

WASHINGTON STATE UNIVERSITY

WESTERN WASHINGTON UNIVERSITY
COMMUNITY AND TECHNICAL COLLEGES:

BATES TECHNICAL COLLEGE

BELLEVUE COMMUNITY COLLEGE

BELLINGHAM TECHNICAL COLLEGE

BIG BEND COMMUNITY COLLEGE

CASCADE COMMUNITY COLLEGE

CASCADIA COLLEGE

CENTRALIA COLLEGE

CLARK COLLEGE

CLOVER PARK TECHNICAL COLLEGE

COLUMBIA BASIN COLLEGE

EDMONDS COMMUNITY COLLEGE

EVERETT COMMUNITY COLLEGE

GRAYS HARBOR COLLEGE

GREEN RIVER COMMUNITY COLLEGE

HIGHLINE COMMUNITY COLLEGE

LAKE WASHINGTON TECHNICAL COLLEGE

LOWER COLUMBIA COLLEGE

OLYMPIC COLLEGE

PENINSULA COLLEGE

PIERCE COLLEGE

RENTON TECHNICAL COLLEGE

SEATTLE CENTRAL COMMUNITY COLLEGES

SHORELINE COMMUNITY COLLEGE

SKAGIT VALLEY COLLEGE

SOUTH PUGET SOUND COMMUNITY COLLEGE

SPOKANE COMMUNITY COLLEGES

STATE BOARD FOR TECHNICAL & COMMUNITY

COLLEGES

WENATCHEE VALLEY COLLEGE

YAKIMA VALLEY COMMUNITY COLLEGE

WHATCOM COMMUNITY COLLEGE

14.62 Miscellaneous local agencies within Washington State*

ADAMS COUNTY
PUYALLUP SCHOOL DIST 3

KITSAP COUNTY
FIFE SCHOOL DIST 417
RIVERVIEW SCHOOL DIST 407

GONZAGA UNIVERSITY

PLANNED PARENTHOOD OF WESTERN

WASHINGTON

SNOHOMISH COUNTY

MASON COUNTY

FEDERAL WAY SCHOOL DIST

SPOKANE COUNTY
ISSAQUAH SCHOOL DIST 411

ADAMS COUNTY FIRE DISTRICT

ADAMS COUNTY HEALTH DISTRICT

AFFILIATED HEALTH SERVICES

ALDERWOOD WATER DISTRICT

ANACORTES PORT OF
ANACORTES SCHOOL DISTRICT 103

ANNAPOLIS WATER DISTRICT

ASOTIN COUNTY
AUBURN SCHOOL DISTRICT 408
BAINBRIDGE IS SCHOOL DISTRICT 303

BAINBRIDGE ISLAND FIRE DEPARTMENT

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

BELLINGHAM PORT OF
BELLINGHAM SCHOOL DISTRICT 501

BENTON COUNTY

BENTON COUNTY FIRE DISTRICT

BENTON COUNTY PUD

BENTON FRANKLIN COUNTY

BENTON FRANKLIN PRIVTE INDUST CNCL

BENTON PORT OF
BETHEL SCHOOL DISTRICT 403

BIG BROTHERS BIG SISTERS OF KING CO

BIRCH BAY WATER & SEWER DISTRICT

BLANCHET SCHOOL DISTRICT

BREMERTON KITSAP CO HEALTH DISTRICT

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

CANCER RESEARCH AND BOISTATISTICS

CASCADE BLUE MT FD SHR

CASCADE IRRIGATION DISTRICT
CASHMERE SCHOOL DISTRICT 222

CATHOLIC COMM SVCS OF KING CO
CENTRAL KITSAP SCHOOL DISTRICT 401

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

CHELAN COUNTY

CHELAN COUNTY COMMUNITY HOSPITAL

CHELAN COUNTY FIRE DISTRICT
CHELAN COUNTY PUD 1

CHELAN DOUGLAS COUNTY HEALTH DIST

CHENEY CARE CENTER

CHILD CARE RESOURCE & REFERRAL

CHILDRENS THERAPY CENTER
CHIMACUM SCHOOL DISTRICT 49

CLALLAM COUNTY

CLALLAM COUNTY FIRE DISTRICT

CLALLAM COUNTY HOSPITAL DISTRICT

CLALLAM COUNTY PUD

CLARK COUNTY

CLARK COUNTY FIRE DISTRICT

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

CNTRL WHIDBEY FIRE & RESCUE

COAL CREEK UTILITY DISTRICT

COALITION AGAINST DOMESTIC VIOLENCE

COLUMBIA COUNTY

COLUMBIA IRRIGATION DISTRICT

COLUMBIA MOSQUITO CONTROL DISTRICT

COMMUNITY CHRISTIAN ACADEMY

COMMUNITY PSYCHIATRIC CLINIC

COMMUNITY TRANSIT

CONFEDERATED TRIBES OF CHEHALIS

CONSOLIDATED DIKING IMPROVEMENT DIST

CONSOLIDATED IRRIGATION

COWLITZ COUNTY

COWLITZ COUNTY FIRE DISTRICT

COWLITZ COUNTY PUD

CROSS VALLEY WATER DISTRICT
DAYTON SCHOOL DISTRICT 2

DOUGLAS COUNTY

DOUGLAS COUNTY FIRE DISTRICT

DOUGLAS COUNTY PUD

DRUG ABUSE PREVENTION CENTER

E COLUMBIA BASIN IRRIGATION DIST

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

ENUMCLAW SCHOOL DIST

EVERETT PORT OF

EVERETT PUBLICE FACILITIES DIST

EVERGREEN MANOR INC
EVERGREEN SCHOOL DIST 114

FEDERAL WAY FD

FERRY COUNTY

FERRY COUNTY PUBLIC HOSPITAL

FERRY OKAHOGAN FPD

FOSS WATERWAY DEVELOPMENT AUTHORITY

FRANKLIN COUNTY

FRANKLIN COUNTY PUD

14.63 FRANKLIN PIERCE SCHOOL DIST 402

FRIDAY HARBOR PORT OF
GARDENA FARMS IRRIGATION DIST 13

GARFIELD COUNTY

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

GRANT COUNTY

GRANT COUNTY HEALTH DIST

GRANT COUNTY PUD

GRAYS HARBOR COUNTY

GRAYS HARBOR COUNTY FIRE DIST
GRAYS HARBOR COUNTY PUD # 1

GRAYS HARBOR PORT OF

GRAYS HARBOR PUB DEV AUTH

GRAYS HARBOR TRANSIT
GRIFFIN SCHOOL DIST 324

HARBORVIEW MEDICAL CENTER

HAZEL DELL SEWER DIST

HEALTHY MOTHERS HEALTHY BABIES COAL
HIGHLINE SCHOOL DIST 401

HIGHLINE WATER DIST

HOMESIGHT

HOPELINK
HOQUIAM SCHOOL DIST 28

HOUSING AUTHORITY OF PORTLAND

ILWACO PORT OF
INCHELIUM SCHOOL DIST 70

ISLAND COUNTY

ISLAND COUNTY FIRE DIST

JEFFERSON COUNTY

JEFFERSON COUNTY FIRE DIST

JEFFERSON COUNTY LIBRARY

JEFFERSON COUNTY PUD

JEFFERSON GENERAL HOSPITAL

KARCHER CREEK SEWER DIST
KELSO SCHOOL DIST 458

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

KING COUNTY

KING COUNTY FIRE DIST

KING COUNTY HOUSING AUTHORITY

KING COUNTY LIBRARY

KING COUNTY WATER SEWER

KINGSTON PORT OF

KITSAP COUNTY FIRE & RESCUE

KITSAP COUNTY LIBRARY
KITSAP COUNTY PUD 1

KITTITAS COUNTY

KITTITAS COUNTY PUD

KITTITAS COUNTY RECLAMATION DIST

KLICKITAT COUNTY

KLICKITAT COUNTY PUD

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

LAKEHAVEN UTILITY DIST
LAKEWOOD SCHOOL DIST 306
LEWIS CO PUD 1

LEWIS COUNTY

LEWIS COUNTY FIRE DIST

LEWIS PUBLIC TRANSPORTATION

LIBERTY LAKE SEWER & WATER DIST

LINCOLN COUNTY

LINCOLN COUNTY FIRE DIST

LONGVIEW PORT OF
LONGVIEW SCHOOL DIST 122

LOTT WASTEWATER ALLIANCE

LUMMI INDIAN NATION

MANCHESTER WATER DIST
MARYSVILLE SCHOOL DIST 25

MASON COUNTY FIRE DIST

MASON COUNTY PUD
MEAD SCHOOL DIST 354

METRO PARK DISTRICT OF TACOMA

MID COLUMBIA LIBRARY

MIDWAY SEWER DISTRICT
MONROE SCHOOL DIST 103
MORTON SCHOOL DIST 214

MOSES LAKE PORT OF

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

MUKILTEO WATER DIST

NAVAL STATION EVERETT

NE TRI COUNTY HEALTH DIST

NORTH CENTRAL REGIONAL LIBRARY DIST
NORTH KITSAP SCHOOL DIST 400

NORTH SHORE UTILITY DISTRICT

NORTH THURSTON SCHOOL DISTRICT
NORTHSHORE SCHOOL DIST 417

NORTHWEST KIDNEY CTR

NORTHWEST WORK FORCE DEVELOPMENT CO

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

OKANOGAN COUNTY

OKANOGAN COUNTY FIRE DIST

OKANOGAN COUNTY PUD

OKANOGAN SCHOOL DISTRICT

OLYMPIA PORT OF
OLYMPIA SCHOOL DISTRICT 111

OLYMPIA THURSTON CHAMBER FOUNDATION

OLYMPIC AREA AGENCY ON AGING

OLYMPIC MEMORIAL HOSPITAL DIST

OLYMPIC REGION CLEAN AIR AGENCY

OLYMPIC VIEW WATER & SEWER DIST

OLYMPUS TERRACE SEWER DIST

PACIFIC COUNTY

PACIFIC COUNTY FIRE

PARATRANSIT SERVICES

14.64 PASCO SCHOOL DIST

PEND OREILLE COUNTY CONSERV DIST

PEND OREILLE COUNTY PUB HOSP DIST

PEND OREILLE COUNTY PUD
PENINSULA SCHOOL DISTRICT 401

PERRY TECHNICAL INSTITUTE

PIERCE COUNTY

PIERCE COUNTY FIRE DIST

PORT ANGELES PORT OF
PORT ANGELES SCHOOL DISTRICT 121

PRESCOTT SCHOOL DIST

PUGET SOUND CLEAN AIR AGENCY

PUGET SOUND SCHOOL DIST

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

S SNOHOMISH CO PUBLIC FAC DIST

SAFEPLACE

SAMISH WATER DIST

SAMMAMISH WATER AND SEWER DIST

SAN JUAN COUNTY

SAN JUAN COUNTY FIRE DIST

SEA MAR COMM HEALTH CTR

SEATTLE JEWISH PRIMARY SCHOOL

SEATTLE PORT OF
SEATTLE SCHOOL DIST 1

SEATTLE UNIVERSITY

SECOND AMENDMENT FOUNDATION

SECOND CHANCE INC

SENIOR OPPORTUNITY SERVICES
SHELTON SCHOOL DISTRICT 309

SILVERDALE WATER

SKAGIT COUNTY

SKAGIT COUNTY CONSERVATION DIST

SKAGIT COUNTY FIRE DIST

SKAGIT COUNTY ISLAND HOSPITAL

SKAGIT COUNTY PORT OF
SKAGIT COUNTY PUD 1

SKAGIT TRANSIT

SKAMANIA COUNTY

SKOOKUM INC

SNOHOMISH COUNTY LIBRARY

SNOHOMISH COUNTY PUD

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

SOOS CREEK WATER AND SEWER DIST

SOUND TRANSIT

SOUTH COLUMBIA BASIN IRRIG DIST

SOUTH EAST EFFECTIVE DEVELOPMENT

SOUTH SOUND MENTAL HEALTH SERVICES

SOUTHWEST YOUTH & FAMILY SERVICES

SPECIAL MOBILITY SERVICES INC

SPOKANE CO AIR POLLUTION CNTRL AUTHORITY

SPOKANE COUNTY FIRE DIST

SPOKANE COUNTY LIBRARY
SPOKANE SCHOOL DISTRICT 81

ST JOSEPH/MARQUETTE SCHOOL
STANWOOD SCHOOL DIST 410

STEVENS COUNTY

STEVENS COUNTY PUD

STILLAGUAMISH TRIBE OF INDIANS
SUMNER SCHOOL DISTRICT 320

SUNNYSIDE PORT OF
SUNNYSIDE SCHOOL DISTRICT 201

SUQUAMISH TRIBE

SW CLEAN AIR AGENCY

SWINOMISH TRIBE

TACOMA DAY CHILD CARE AND PRESCHOOL

TACOMA MUSICAL PLAYHOUSE

TACOMA PORT OF
TACOMA SCHOOL DISTRICT 10

TACOMA-PIERCE CO
TAHOMA SCHOOL DISTRICT 409

TERRACE HEIGHTS SEWER DISTRICT

THURSTON COMMUNITY TELEVISION

THURSTON COUNTY

THURSTON COUNTY CONSERVATION DIST

THURSTON COUNTY FIRE DISTRICT
TOPPENISH SCHOOL DISTRICT 202
TOUCHET SD 300

TRIUMPH TREATMENT SERVICES
TUKWILA SCHOOL DIST 406
TUMWATER SCHOOL DISTRICT 33

U S DEPARTMENT OF TRANSPORTATION

UNITED WAY OF KING COUNTY

UNIVERSITY PLACE SCHOOL DIST

UPPER SKAGIT INDIAN TRIBE

VAL VUE SEWER DISTRICT

VALLEY TRANSIT

VALLEY WATER DISTRICT

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

VERA IRRIGATION

VETERANS ADMINISTRATION

VOLUNTEERS OF AMERICA

WA ASSOC OF SCHOOL ADMINISTRATORS

WA ASSOC SHERIFFS & POLICE CHIEFS

WA GOVERNMENTAL ENTITY POOL

WA LABOR COUNCIL AFL-CIO

WA PUBLIC PORTS ASSOCIATION

WA RESEARCH COUNCIL

WA ST ASSOCIATION OF COUNTIES

WA STATE PUBLIC STADIUM AUTHORITY

WAHKIAKUM COUNTY

WALLA WALLA COLLEGE

WALLA WALLA COUNTY

WALLA WALLA COUNTY FIRE DISTRICT

WALLA WALLA PORT OF
WALLA WALLA SD 140

WASHINGTON ASSOCIATION

WASHINGTON COUNTIES RISK POOL

WASHINGTON FIRE COMMISSIONERS ASSOC

14.65 WASHINGTON HEALTH CARE ASSOCIATION

WASHINGTON PUBLIC AFFAIRS NETWORK

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

WESTERN FOUNDATION THE

WHATCOM CONSERVATION DIST

WHATCOM COUNTY

WHATCOM COUNTY FIRE DISTRICT

WHATCOM COUNTY RURAL LIBRARY DIST

WHIDBEY GENERAL HOSPITAL

WHITMAN COUNTY

WHITWORTH WATER

WILLAPA COUNSELING CENTER
WILLAPA VALLEY SCHOOL DISTRICT 160

WILLAPA VALLEY WATER DISTRICT
WINLOCK SCHOOL DISTRICT 232

WOODINVILLE FIRE & LIFE SAFETY DIST

WOODLAND PORT OF

YAKIMA COUNTY

YAKIMA COUNTY FIRE DISTRICT

YAKIMA COUNTY REGIONAL LIBRARY
YAKIMA SCHOOL DISTRICT 7

YAKIMA VALLEY FARMWORKERS CLINIC

YAKIMA-TIETON IRRIGATION DISTRICT

YELM COMMUNITY SCHOOL DISTRICT

YMCA - TACOMA PIERCE COUNTY

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

14.66 ATTACHMENT H

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

14.67 17

ATTACHMENT F
to Master Price Agreement by and between VENDOR and PURCHASER.

ADDITIONAL VENDOR TERMS OF PURCHASE, IF ANY.








  




14.68 Certificate Of Completion
Envelope Id: E057566426DA44D5BA50B3668C0198E5 Status: Completed Subject: Please DocuSign: MPA 2060 LOC and Ross Rec - FINAL.pdf, VAA 2060 NPPGov and Ross Recreation - F...

Source Envelope:

Document Pages: 32 Signatures: 4 Envelope Originator:

Certificate Pages: 5 Initials: 0 Marshall Stiles
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
1100 Olive Way
Suite 1020
Seattle, WA 98101
[email protected]
IP Address: 24.113.4.135
Record Tracking
Status: Original
3/22/2021 4:26:13 PM
Holder: Marshall Stiles
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Heather Hailey
[email protected]
Accounting Manager
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 76.21.101.11
Sent: 3/22/2021 4:31:04 PM
Viewed: 3/22/2021 5:34:58 PM
Signed: 3/22/2021 5:39:57 PM
Electronic Record and Signature Disclosure:

Accepted: 3/22/2021 5:34:58 PM
ID: 621d07a5-5de6-4bea-b390-ffb8f555432a
Mike Cully
[email protected]
Executive Director
Security Level: Email, Account Authentication
(None) Signature Adoption: Drawn on Device
Using IP Address: 71.63.236.213
Sent: 3/22/2021 5:40:00 PM
Viewed: 3/22/2021 8:57:00 PM
Signed: 3/22/2021 8:57:14 PM
Electronic Record and Signature Disclosure:

Accepted: 3/22/2021 8:57:00 PM
ID: 7f9cd513-34e3-4975-9635-b5d63c1d3494
Bruce Busch
[email protected]
Senior Vice President
National Purchasing Partners
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 73.97.193.171
Signed using mobile
Sent: 3/22/2021 8:57:16 PM
Viewed: 3/22/2021 9:05:43 PM
Signed: 3/22/2021 9:07:00 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp

14.69 Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 3/22/2021 4:31:04 PM
Certified Delivered Security Checked 3/22/2021 9:05:43 PM Signing Complete Security Checked 3/22/2021 9:07:00 PM
Completed Security Checked 3/22/2021 9:07:00 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

14.70 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, National Purchasing Partners (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically 
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14.71 Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact National Purchasing Partners:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected] To advise National Purchasing Partners of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from National Purchasing Partners To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with National Purchasing Partners To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:

14.72 i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guidesigning-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
 You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
 Until or unless you notify National Purchasing Partners as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by National Purchasing Partners during the course of your relationship with National Purchasing Partners.

14.73 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 1

1. Contract: The following terms and conditions shall govern all purchases by the City unless other terms are specifically designated by the City to apply or the City and Vendor have entered into another written agreement. Any terms or conditions (including price and delivery dates) proposed by the Vendor which are inconsistent with or in addition to these terms and conditions shall be void and of no effect unless and to the extent expressly accepted by the City in writing.

2. Delivery, Inspection, and Acceptance of Goods/Services: Goods/services are to be delivered to the location specified.

All deliveries are F.O.B. destination.

Vendor acknowledges that time is of the essence in the performance of this contract. If the goods and/or services are not delivered within the time period stated on the Vendor’s proposal, or by a different date mutually agreed to in writing, the City reserves the right to cancel the order. If the City cancels the order because of late delivery, the Vendor will not be allowed to charge the City for any costs associated with the order and may be charged any increase in cost the City must pay for the replacement order. Charges not included in the contract will not be paid.

Within 14 calendar days, unless the contract stipulates a different time period, the City will inspect the goods received to verify compliance with specifications. If deficiencies are detected, the goods will be rejected and the Vendor will be required to make the necessary adjustments or replacements at the Vendor’s expense. Acceptance of the goods will be made when the City determines the goods received are in compliance with specifications and are free from defects.

3. Payment: All invoices shall contain correct bid or contract pricing, the applicable purchase order number, and the name of the City employee making the purchase. Invoices shall be sent to the dept. making the purchase. Vendor shall submit invoices to the City within 60 days of delivery of goods or provision of service. Invoices with incorrect pricing will be returned to the Vendor for correction. The City will pay approximately 30 days after acceptance of goods or services and receipt of a correct and undisputed invoice, whichever occurs last.

The City will take early payment discounts when the net payment period is over 15 days. The payment period will extend to the date that the invoices are paid. Should the Vendor become delinquent with any fees, assessments, or charges due to the City, the City will reduce any amount owed to the Vendor by the delinquent amount owed to the City. The City reserves the right to audit Vendor’s records when necessary.

4. Sales Tax: Sales tax must be stated separately on each invoice. If the current local sales tax is not charged, the City will remit all sales tax due directly to the California State Board of Equalization.

5. Warranty: Vendor warrants that the item(s) provided and/or work performed under this contract comply with all specifications, are free of liens and encumbrances, and that workmanship and materials are free from defects. Work shall comply with nationally recognized codes and established industry standards. Equipment shall carry the manufacturers’ most favorable commercial warranties. The warranty period shall begin after acceptance of item(s) and/or work and shall extend thereafter for a period of ninety days, or as otherwise specified by the manufacturer’s standard warranty, whichever is later. Vendor agrees to remedy by replacing or repairing any item(s) that is damaged or defective during normal usage within the warranty period, at no additional cost to the City. Such repair or replacement shall occur within a reasonable time frame, to the satisfaction of the City.

6. Indemnity:

For General Services: To the fullest extent permitted by law, Vendor agrees to indemnify, defend, and hold harmless the City, its officials, officers, employees, and volunteers from and against any and all claims, demands, actions, liabilities, damages, judgments, or expenses, (including attorneys’ fees and costs) arising from the acts or omissions of Vendor, Vendor’s employees or agents, or in any way related to the obligations or the performance of services under this contract, except for design professional services as defined in Civil Code §2782.8, and except where caused by the sole or active negligence, or willful misconduct of City.

For Design Professional Services under Civil Code §2782.8: To the fullest extent permitted by law, Vendor agrees to indemnify, defend, and hold harmless City, its officials, officers, employees, and volunteers from and against any and all claims, demands, actions, liabilities, damages, or expenses, (including attorneys’ fees and costs) arising from the negligence, recklessness, or willful misconduct of the Vendor, Vendor’s employees or agents, in any way related to the Exhibit C

14.74 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 2 obligations or the performance of design professional services under this contract as defined in Civil Code §2728.2, except where caused by the sole or active negligence, or willful misconduct of City. The costs to defend charged to the Vendor relating to the design professional services shall not exceed the Vendor’s proportionate percentage of fault per Civil Code §2782.8.

7. Compliance Requirements: Vendor shall be responsible for complying with all applicable Federal, State, and local laws and regulations including, but not limited to, City policies, ordinances, and Best Management Practices. Requirements vary based on the nature of the product to be provided and/or work to be performed; these shall include, but are not limited to, complying with the items listed below and following City Council policies regarding asbestos in products, polystyrene foam, recycled paper, and fair trade coffee. These policies are available on the City’s website here. a. Licensing: Vendor warrants that it has complied with any and all federal, state, and local licensing requirements and agrees to provide proof of a current City of Santa Cruz Business Tax Certificate if:
i. Vendor is located in the City of Santa Cruz;
ii. Will perform physical work in the City of Santa Cruz for 6 or more days annually; or iii. Will use company vehicles to deliver within the City of Santa Cruz for 6 or more days annually.

For additional information and licensing requirements, view the City’s Business Licenses and Permits webpage or call the Revenue and Taxation division at 831/420-5070. b. Prevailing Wage: In performing “public work” pursuant to and subject to Labor Code §1720 et seq. under this contract, Vendor (and any subcontractor performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services. All workers employed in the execution of a public works contract (as defined in Labor Code §1720 et seq. and §1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. (See Labor Code §§1720, 1774 and 1782.) Pursuant to Labor Code §1773.2, the current prevailing rate of per diem wages at the time of the contract as determined by the Director of the Department of Industrial Relations (DIR) may be on file at the dept. office awarding the public work.

Vendor shall post a copy of these rates at the work site, if any.

The “public work” project is subject to the compliance monitoring and enforcement by the DIR. The Vendor and subcontractor, if any, must be registered with the DIR to submit a bid or engage in the performance of any contract for public work pursuant to Labor Code §§1725.5 and 1771.1. The Vendor is responsible for posting job site notices as prescribed by regulation pursuant to Labor Code §1771.4(a)(2). The Vendor and each subcontractor, if any, must submit certified payrolls to the Labor Commissioner pursuant to Labor Code §1771.4.

Any failure of Vendor and/or its subcontractors to comply with the above requirements shall constitute a breach of this contract that excuses the City’s performance of this contract at the City’s sole and absolute option, and shall be at the sole risk of Vendor. Vendor on behalf of itself, and any subcontractor, agrees to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorneys’ fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Vendor and any subcontractor to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law. c. Living Wage: Every contract for services to the City for $10,000 or more, is subject to City of Santa Cruz Living Wage Ordinance number 2000-25. The requirements of the Living Wage ordinance are provided in Santa Cruz Municipal Code Chapter 5.10.
d. Vendors’ Duties Concerning Labor Code Compliance. As required by Labor Code §1775(b)(1), Vendor shall include in any contract between Vendor and subcontractors for the performance of work on a public works project, a copy of Labor Code §§1771, 1775, 1776, 1777.5, 1813 and 1815. e. Apprentices. The Vendor is responsible for compliance with Labor Code §1777.5 for all apprentices whether employed directly or through subcontractors on a public works project. f. Payroll Records. Pursuant to Labor Code §1776, for public works projects, the Vendor and any subcontractor shall keep, make available, and submit to the City within ten (10) days of receipt of a written request, certified payroll records. Pursuant to Labor Code § 1776(h), if the Vendor or any subcontractor fails to comply with the ten-day period, he or she shall, as a penalty to the City, forfeit the prescribed amount for each calendar day, or portion

14.75 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 3 thereof, for each worker, until strict compliance is effectuated. The Vendor shall include provisions in its subcontracts as required to make this paragraph effective as to each subcontractor. Upon written request, the Vendor shall withhold penalties forfeited by a subcontractor pursuant to Labor Code §1776(h) and this paragraph from payment due to such subcontractor and remit such penalties withheld to the City. g. Hours of Labor. Pursuant to Labor Code § 1810, 8 hours of labor shall constitute a legal day’s work. Pursuant to Labor Code § 1813, the Vendor and each subcontractor, if any, shall, as a penalty to the City, forfeit the prescribed amount per calendar day for each worker required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week without being compensated in accordance with § 1815. Vendor shall include terms in its subcontracts as required to make this paragraph effective as to each subcontractor. Upon written request, Vendor shall withhold penalties forfeited by a subcontractor pursuant to Labor Code §1813 and this paragraph from payments due to such subcontractor and remit such penalties withheld to the City. h. Storm Water Requirements: The Vendor, and all subcontractors, are required to abide by the applicable City of Santa Cruz Storm Water Best Management Practices (BMPs) for the duration of the work. The City’s mandatory Storm Water BMPs, which are listed according to the type of work, operations, or business, are located on the City website here.

8. Insurance: Prior to the beginning of and throughout the duration of this contract, Vendor will maintain insurance in conformance with the requirements set forth herein. Vendor will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the goods, or the work performed hereunder and the results of that work by Vendor, Vendor’s agents, representatives, employees or subcontractors. a. Standard Certificate Requirements
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
 Certificate(s) will show current policy number(s) and effective dates,  Coverage and policy limits will meet, or exceed, requirements below,  The Certificate Holder will be City of Santa Cruz, Risk Management, 877 Cedar Street, Suite 100, Santa Cruz, CA 95060,
 Certificate will be signed by an authorized representative,  An endorsement will be provided to show the City, its officers, officials, employees, agents and volunteers as additional insured.
b. Minimum Scope and Limits of Insurance:

The Vendor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. The City will be entitled to coverage for the highest limits maintained by the Vendor. Coverage will be at least as broad as:
 Commercial General Liability (CGL): $2,000,000 per occurrence Proof of coverage for up to $2 Million per occurrence including products and completed operations, property damage, bodily injury, personal injury and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. If a general aggregate limit applies, either the general aggregate limit will apply separately to this project/location or the general aggregate limit will be at least twice the required occurrence limit.
 Automobile Liability: $1,000,000
Proof of coverage for $1 Million will be provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Vendor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.
 Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance: $1,000,000 per accident for bodily injury or disease. Must include a waiver of subrogation.

14.76 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 4 c. Additional Requirement for Professional Services
Professional Liability (Errors and Omissions): $2,000,000 per occurrence or claim, $2,000,000 aggregate Vendor will maintain insurance appropriate to Vendor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after date of completion of the services under this contract. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date or start of work date, Vendor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

If Vendor maintains broader coverage and/or higher limits than the minimums shown above, the City of Santa Cruz requires and shall be entitled to the broader coverage and/or higher limits maintained by Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.
d. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
 Additional Insured Status
The City, its officers, officials, employees, agents and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Vendor including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage will be provided in the form of an endorsement to the Vendor’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10 and CG 20 37 (if a later edition is used).
 Primary Coverage
For any claims related to this contract, the Vendor’s insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers will be excess of the Vendor’s insurance and will not contribute with it.
 Notice of Cancellation
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
 Waiver of Subrogation
Vendor hereby grants to the City a waiver of any right to subrogation which any insurer of said Vendor may acquire against the City by virtue of the payment of any loss, including attorneys’ fees, under such insurance.

Vendor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

The Worker’s Compensation policy will be endorsed with a waiver of subrogation in favor of the City for all work performed by the Vendor and its employees.
• Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions will be declared to and approved by the City. City may require Vendor to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
• Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.
• Verification of Coverage
Vendor will furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Vendor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

14.77 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 5 a. Special Risks/Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances, including but not limited to requiring the following:
 Data Breach Risk - Cyber Liability Insurance of limits no less than $5 Million per occurrence and $10 Million in the aggregate.
 Risk of Loss in Transporting Money - Cash In Transit Policy Insurance covering all risks of physical loss or damage while in transit or at premises for limits no less than $10 Million per occurrence and $20 Million in the aggregate.
 Financial Breach Risk - Financial Crime Coverage for limits no less than $5 Million per occurrence and $10 Million in the aggregate.
 Risk in Transporting People or Goods in a Vehicle - Common Carrier Liability Insurance of limits no less than $10 Million per occurrence and $20 Million in the aggregate.  Risk in Storing Vehicles – Garage-keeper’s Liability Insurance of limits no less than $2 Million per occurrence and $4 Million in the aggregate.
 Construction Risks - Builder’s Risk (Course of Construction) Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions, and name the City as loss payee.
 Environmental Hazard - Pollution Legal Liability Insurance with limits no less than $1 Million per occurrence or claim, and $2 Million in the aggregate.
b. Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Vendor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. c. Subcontractors
Vendor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Vendor shall ensure that City, its officers, officials, employees, and volunteers are additional insureds on insurance required from subcontractors.

9. Travel Reimbursement Policy
When it is mutually agreed between the City and the vendor, the vendor’s employees will be reimbursed for travel expenses according to this policy. It is expected that all travel expenses incurred by vendors while conducting activities on behalf of the City will be at reasonable rates and that vendors will exercise prudence in incurring these expenses.

Meals
Meals are reimbursed at the current GSA Meals & Incidental per diem rate by county (www.gsa.gov/travel). The City does not reimburse for actual costs for meals. Reimbursement is based solely on per diem rates. Do not submit meal receipts.
 Travel before 8:00a qualifies for breakfast reimbursement.  Travel between 8:00a – 1:30p qualifies for lunch reimbursement.  Travel between 1:30p – 7:00p (or later) qualifies for dinner reimbursement.  Days between hotel stays and days starting before 8a and ending after 7p, qualify for the full GSA Meals & Incidental per diem rate.

Ground Transportation
Ground transportation is reimbursable when it is for travel between the vendor’s place of business, their employee’s

14.78 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 6 home, an airport, or Santa Cruz hotel to their City work location.

1. Reasonable fees for taxis, shuttles, busses, trains, light rail, ride hailing services (Uber, Lyft), bike shares (Jump), and similar modes of transportation will be reimbursed. Receipts are required for reimbursement.

2. Personal vehicles include vehicles owned by the vendor or their employees.  Mileage will be reimbursed at the current IRS mileage rate.  Evidence of automobile liability insurance meeting the City’s requirements must be provided.  Maps showing starting point, City work location, and total miles are required for reimbursement.

3. Car rentals are reimbursable when
 Travel is necessary from an airport to the City work location.  The rental reservation is made as far in advance as is practical and the lowest possible price is obtained.  Insurance coverage is included in the rental agreement and the car is returned with a full tank of gas.  The smallest vehicle necessary is rented.
 Parking expenses are included in the GSA Meals & Incidental per diem rate. The City will not pay additionally for parking expenses.
 Receipts are required for reimbursement.

Airfare
Airfare is reimbursable when the vendor’s place of business, or their employee’s home, is more than 250 miles away from Santa Cruz.
 Airfare must be lowest available coach class fare. Flights may be non-stop.  Airfare must be booked as far in advance as is practical.  Fees for one piece of checked luggage (and any equipment necessary for the work being done) will be reimbursed.  Extra charges for seat assignments, refundable tickets, travel insurance/protection, and similar fees are not reimbursable.
 If the City cancels the need for travel and the ticket cannot be changed or refunded, the ticket cost will be reimbursable.
 Receipts are required for reimbursement.

Lodging
Lodging is reimbursable when the vendor must work on site for two or more consecutive days and the vendor’s place of business, or their employee’s home, is more than 60 miles away from Santa Cruz.  Lodging is reimbursed up to the current GSA rate by county (www.gsa.gov/travel).  Costs for hotel rooms above this rate are the responsibility of the traveler.  Receipts are required for reimbursement.

General

1. Travel expenses not listed above will not be reimbursed.

2. Travel reimbursements are paid after the completion of travel. There are no travel advances.

3. Exceptions to any of the above requirements require advance written permission from the Department Head of the department contracting with the vendor.

4. Tips and gratuities will not be reimbursed.

5. Alcoholic beverage purchases will not be reimbursed.

6. Vendors will exercise prudence in incurring reimbursable expenses.

7. The City of Santa Cruz has the sole discretion to deny any proposed reimbursable expense the City has determined to be excessive, unethical, non-responsible, or an inappropriate use of public funds.

10. Mechanic’s Liens. Vendor shall timely pay all claims for labor and/or materials furnished to or for Vendor relating to this contract. Vendor shall not create, permit, or suffer any mechanic’s or materialmen’s liens of any kind or nature to be enforced against the City for any such work or activities performed. Vendor shall indemnify, defend and hold harmless the City from and against any and all liens, claims, demands, liabilities, costs and/or expenses of whatever kind or nature in any way connected with or growing out of such work done, labor performed and/or materials furnished. In the event any such liens shall be filed against the City, Vendor shall cause the same to be paid, discharged, released and satisfied within a commercially reasonable time, not to exceed five (5) business days from the date the same were recorded in the office

14.79 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 7 of the applicable County Recorder. City shall have the right to post notices of non-responsibility on all or any part of any affected City property.

11. Governing Law: The contract will be construed and interpreted according to the laws of the State of California.

12. Assignment: The City reserves the right to cancel this contract if the contract is assigned without written consent of the City.

13. Subcontractors: Subcontracting of work without prior approval of the City, may result in contract termination. If at any time, the City determines any subcontractor is incompetent or undesirable, Vendor will be notified and will be expected to immediately cancel the subcontract.

14. Contract Modifications: All changes to this contract will be approved in writing signed by both parties through an amendment to the contract.

15. Termination of Contract: The City or the Vendor may terminate the contract for convenience by providing written notice to the other party not less than 30 calendar days prior to an effective termination date.

The City or Vendor may terminate the contract for material breach of contract by providing written notice to the other party not less than 14 calendar days prior to an effective termination date.

Upon notice of termination, the Vendor will immediately take action not to incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. The City’s only obligation to the Vendor will be just and equitable payment for materials and/or services authorized by, and received to the satisfaction of, the City up to and including the effective date of termination. All finished or unfinished materials, supplies, goods, or documents procured or produced under the contract will become property of the City upon the termination date. The City reserves the right to purchase or obtain the supplies or services elsewhere, and the defaulting vendor will be liable for the difference between the prices set forth in the terminated order and the actual cost to the City. In no event will the City be liable for any loss of profits on the resulting order or portion thereof so terminated. After the effective date of termination, Vendor will have no further claims against the City under the contract. Termination of the contract pursuant to this paragraph may not relieve the Vendor of any liability to City for damages sustained by City because of any breach of contract by Vendor, and City may withhold any payments to Vendor for the purpose of set-off until such time as the exact amount of damages due City from Vendor is determined.

The rights and remedies provided in this section will not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

16. Safety: All service(s) and item(s) provided will comply with applicable safety laws, regulations, and standards. Vendor will provide proof of compliance, if requested by the City.
a. Vendor will make available a list of hazardous chemicals and applicable Safety Data Sheets prior to bringing those chemicals on City property or using them on behalf of the City. All hazardous substances and chemicals brought onto the premises must be labeled as required by the Hazard Communication Standard. Vendor is required to maintain copies (on site) of the SDS of the hazardous substances or chemicals they will use throughout the work place. No hazardous materials or chemicals will be introduced into the workplace by the vendor unless approved in advance by the City. The City reserves the right to deny use of any hazardous substance or chemical that the City deems harmful and may affect City employees and/or members of the public. b. Any precautions and/or protective measures to minimize the possibility of exposure will be communicated by the Vendor to the City and from there to City employees.
c. Upon request, Vendor will provide records of their Hazard Communication Training Program. d. All accidents, chemical spills, fires, accidents, property damage, etc., no matter how small, must be reported to the City immediately for investigation and documentation.
e. Vendor must immediately notify the City in the event of an emergency and indicate what assistance is required.

17. Force Majeure: Neither party will be held responsible for delay or default caused by declared emergencies, natural disasters, or any other cause which is beyond the party's reasonable control. Vendor will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this agreement.

14.80 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 8 The City reserves the right to obtain the item(s) covered by this contract from another source during any on-going suspension of service due to the circumstances outlined above.

18. Equal Employment Opportunity/Non-Discrimination: City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or and veteran status, or any other consideration made unlawful by local, State or Federal law. City requires Consultant to be in compliance with all applicable Federal and State and local equal employment opportunity acts, laws, and regulations and Consultant is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Consultant’s business organization. The City’s current Equal Employment Opportunity and Non-Discrimination policies to which this Section applies may be viewed at http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html.

Copies are available upon request from the City’s Purchasing Division.

19. Attorneys’ Fees. If any action at law or in equity is brought to enforce or interpret the provisions of this contract, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief.

20. Severability. The unenforceability, invalidity or illegality of any provision(s) of this contract shall not render the other provisions unenforceable, invalid or illegal.

21. MacBride Principles and the Peace Charter. City of Santa Cruz Resolution NS-19,378 (7/24/90) encourages all companies doing business in Northern Ireland to abide by the MacBride Principles and Peace Charter.

22. Vendor Not An Agent. Vendor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

23. Contract Interpretation. Vendor acknowledges that it has reviewed this contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this contract.

14.81 City of Santa Cruz Cooperative Purchase Agreement